Case: Innovation Law Lab v. Nielsen

3:18-cv-01098 | U.S. District Court for the District of Oregon

Filed Date: June 22, 2018

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On June 22, 2018, Innovation Law Lab and an immigration detainee at Federal Correctional Institution (FCI) Sheridan filed this lawsuit in the U.S. District Court of Oregon. The plaintiffs sued the Secretary of the Department of Homeland Security (DSHS), the Acting Director of Immigration and Customs Enforcement (ICE), Acting Field Office Director for the Seattle office of ICE, the Attorney General of the United States, Acting Director of the Federal Bureau of Prisons, and the Warden of FDC Sher…

On June 22, 2018, Innovation Law Lab and an immigration detainee at Federal Correctional Institution (FCI) Sheridan filed this lawsuit in the U.S. District Court of Oregon. The plaintiffs sued the Secretary of the Department of Homeland Security (DSHS), the Acting Director of Immigration and Customs Enforcement (ICE), Acting Field Office Director for the Seattle office of ICE, the Attorney General of the United States, Acting Director of the Federal Bureau of Prisons, and the Warden of FDC Sheridan in their official capacities. They filed their claims under the Administrative Procedure Act (APA) and the Immigration and Nationality Act (INA), and also included a petition for habeas corpus alleging that the detainees at Sheridan were unlawfully denied their rights under the First and Fifth Amendments. The plaintiffs, represented by the ACLU of Oregon and private counsel, sought declaratory and injunctive relief. Specifically, the plaintiffs sought (1) a declaration that the defendants were in violation of the APA, INA, and constitutional law; (2) that the detainees be released unless they receive adequate attorney access; (3) installation of telephones in the detainee’s units; and (4) attorneys' fees. The plaintiffs claimed Innovation Lab's attorneys had been repeatedly denied access to the detainees at Sheridan, which prevented it from communicating with clients or conducting intake interviews and “know-your-rights” trainings. Additionally, prisoners lacked telephone access or any other meaningful forms of communication with the outside world. The plaintiffs' complaint was accompanied by a motion for a temporary restraining order (TRO) requesting immediate access to prisoners and installation of telephone lines.

The District Judge issued an order on June 25, 2018 for a TRO of 28 days, which instructed the defendants to provide adequate access to counsel for detainees at Sheridan and to install telephones in the detainees' units capable of making free calls to legal counsel. Significantly, the judge ordered that detainees could not undergo the asylum interview process until they had received either a know-your-rights training or consulted with legal counsel. Additionally, when detainees' asylum interviews were scheduled, the court required that the Federal Public Defender’s office as well as any representative counsel must be given timely notice of the proceedings.

The TRO was extended by seven days until July 30, 2018, and the plaintiffs filed a motion for preliminary injunction on July 22, 2018. They argued that the 35-day time period had not been sufficient to give constitutionally adequate counsel to the detainees at Sheridan. The plaintiffs requested continued access to the detainees but no longer requested a suspension of removal proceedings or asylum interviews. The District Judge approved the motion and ordered a preliminary injunction requiring continued adequate access to legal counsel for the detainees. Additionally, detainees would not be transferred outside Oregon without the consent of their counsel or prior leave of the court.

On October 5, 2018 the court approved the plaintiffs' motion to amend the preliminary injunction to reduce the number of attorney visitation rooms requested.

On December 4, 2018 the plaintiffs voluntarily dismissed the lawsuit because no detainees remained at Sheridan. 97% of the detainees had been released to pursue their immigration court proceedings in a non-detained setting after receiving Innovation Law Lab legal counsel. One detainee successfully secured asylum and a final detainee was denied asylum and transferred to to FCI Tacoma while he pursued appellate options.

This case is now closed.

Summary Authors

Carter Powers Beggs (10/16/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7251124/parties/innovation-law-lab-v-secretary-of-the-department-of-homeland-security/


Judge(s)

Simon, Michael Howard (Oregon)

Attorneys(s) for Plaintiff

Dahab, Nadia H. (Oregon)

dos Santos, Mathew W. (Oregon)

Ketterling, Keith A. (Oregon)

Attorneys(s) for Defendant

Schweiner, Dianne (Oregon)

ul-Haq, Ubaid (District of Columbia)

Other Attorney(s)

Active

Judge(s)

Simon, Michael Howard (Oregon)

Attorneys(s) for Plaintiff

Dahab, Nadia H. (Oregon)

dos Santos, Mathew W. (Oregon)

Ketterling, Keith A. (Oregon)

Attorneys(s) for Defendant

Schweiner, Dianne (Oregon)

ul-Haq, Ubaid (District of Columbia)

Other Attorney(s)

Hay, Lisa (Oregon)

Documents in the Clearinghouse

Document

3:18-cv-01098

Docket [PACER]

Innovation Law Lab v. Secretary of the Department of Homeland Security

June 25, 2018

June 25, 2018

Docket
1

3:18-cv-01098

Complaint

Innovation Law Labs v. Secretary of the Department of Homeland Security

June 22, 2018

June 22, 2018

Complaint
23

3:18-cv-01098

Opinion and Order Granting Temporary Restraining Order

Innovation Law Lab v. Secretary of the Department of Homeland Security

310 F.Supp.3d 1150

June 25, 2018

June 25, 2018

Order/Opinion
54

3:18-cv-01098

Opinion and Order Granting Preliminary Injunction

Innovation Law Labs v. Secretary of the Department of Homeland Security

342 F.Supp.3d 1067

July 31, 2018

July 31, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7251124/innovation-law-lab-v-secretary-of-the-department-of-homeland-security/

Last updated Aug. 7, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5456188 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Innovation Law Lab, Luis Javier Sanchez Gonzalez against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Proposed Summons, # 7 Proposed Summons). (Dahab, Nadia) (Entered: 06/22/2018)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Proposed Summons

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4 Proposed Summons

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5 Proposed Summons

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6 Proposed Summons

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7 Proposed Summons

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June 22, 2018

June 22, 2018

RECAP
2

Emergency Motion for Temporary Restraining Order and Memorandum in Support. Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Dahab, Nadia) (Entered: 06/22/2018)

1 Exhibit 1

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June 22, 2018

June 22, 2018

PACER
3

Declaration of Stephen W. Manning . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (Dahab, Nadia) (Entered: 06/22/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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June 22, 2018

June 22, 2018

PACER
4

Declaration of Chanpone Sinlapasai . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Dahab, Nadia) (Entered: 06/22/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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June 22, 2018

June 22, 2018

PACER
5

Declaration of Leland Baxter-Neal . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Dahab, Nadia) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
6

Declaration of Luis Garcia . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Dahab, Nadia) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
7

Declaration of Ian Philabaum . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Dahab, Nadia) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
8

Declaration of Philip Smith . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Dahab, Nadia) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
9

Declaration of Chelsea Strautman . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Dahab, Nadia) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
10

Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 10/22/2018. Joint Alternate Dispute Resolution Report is due by 11/19/2018. Pretrial Order is due by 11/19/2018. Ordered by Judge Michael H. Simon. (sss) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
11

Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sss) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
12

Order - Setting a case schedule as follows: (1) Defendants' response to Plaintiff's Motion for Temporary Restraining Order (ECF 2 ) is due by noon on Sunday, June 24, 2018; and (2) Oral Argument is set for Monday, June 25, 2018 at 08:00AM in Portland, Courtroom 15B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
13

Notice of Appearance of Ubaid ul-Haq appearing on behalf of All Defendants in their official capacities only Filed by on behalf of All Defendants. (ul-Haq, Ubaid) (Entered: 06/24/2018)

June 24, 2018

June 24, 2018

PACER
14

Memorandum in Opposition to Emergency Motion for Temporary Restraining Order and Memorandum in Support 2 . Filed by All Defendants. (Attachments: # 1 Exhibit 1, Newman Declaration, # 2 Exhibit 2, Heaton Declaration, # 3 Exhibit 3, ICE Phone Lines, # 4 Exhibit 4, FDC Sheridan Laptop-Tablet Access) (ul-Haq, Ubaid) (Entered: 06/24/2018)

1 Exhibit 1, Newman Declaration

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2 Exhibit 2, Heaton Declaration

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3 Exhibit 3, ICE Phone Lines

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4 Exhibit 4, FDC Sheridan Laptop-Tablet Access

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June 24, 2018

June 24, 2018

PACER
15

Motion to Appear as Amicus Curiae . Filed by Lisa Hay. (Hay, Lisa) (Entered: 06/24/2018)

June 24, 2018

June 24, 2018

PACER
16

ORDER: Granting Motion to Appear as Amicus Curiae 15 . Ordered by Judge Michael H. Simon. (SI) (Entered: 06/24/2018)

June 24, 2018

June 24, 2018

PACER
17

Notice of Appearance of Dianne Schweiner appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Schweiner, Dianne) (Entered: 06/24/2018)

June 24, 2018

June 24, 2018

PACER
18

Amicus Brief In Support Of Plaintiffs' Emergency Application for TRO. Filed by Lisa Hay. (Hay, Lisa) (Entered: 06/24/2018)

June 24, 2018

June 24, 2018

PACER
19

Request for Judicial Notice . Filed by All Plaintiffs. (Attachments: # 1 Exhibit A) (Dahab, Nadia) (Entered: 06/24/2018)

1 Exhibit A

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June 24, 2018

June 24, 2018

PACER
20

Motion to Withdraw Request for Judicial Notice 19 . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 06/24/2018)

June 24, 2018

June 24, 2018

PACER
21

ORDER - Plaintiff's Motion to Withdraw Request for Judicial Notice (ECF 20 ) is GRANTED. Plaintiffs' Request for Judicial Notice (ECF 19 ) is WITHDRAWN. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
22

Minutes of Temporary Restraining Order Hearing: Order - Plaintiffs' Emergency Motion for Temporary Restraining order (ECF 2 ) is GRANTED as stated on the record. Formal order to follow. Keith A. Ketterling, Nadia H. Dahab, Kelly K. Simon, and Victoria Bejarano Hurst Muirhead present as counsel for Plaintiff(s). Dianne Schweiner present as counsel for Defendants. Lisa Hay and Stephen Sady present as counsel Amicus Curiae. Court Reporter: Ryan White. Judge Michael H. Simon presiding. (mja) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
23

Opinion and Order - Plaintiff' s Motion for Temporary Restraining Order and Preliminary Injunction (ECF 2 ) is GRANTED as set forth in this Opinion and Order. A Status Conference is set for 7/2/2018 at 10:00AM in Portland, Courtroom 15B, before Judge Michael H. Simon. Signed on 6/25/2018 by Judge Michael H. Simon. (mja) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

RECAP
24

Motion for Order Allowing Transfer of Detainee. Expedited Hearing requested. Filed by All Defendants. (Schweiner, Dianne) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
25

Order - Setting oral argument on Defendant's Motion for Order Allowing Transfer of Detainee (ECF 24 ) for 6/28/2018 at 03:30PM in Portland, Courtroom 15B, before Judge Michael H. Simon. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
26

Response in Opposition to Motion for Order Allowing Transfer of Detainee 24 . Filed by Lisa Hay. (Hay, Lisa) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
27

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Temporary Restraining Order Hearing held on June 25, 2018, before Judge Michael H. Simon, Court Reporter Ryan White, telephone number 503-326-8184 or ryan_white@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/5/2018. Redaction Request due 7/19/2018. Redacted Transcript Deadline set for 7/30/2018. Release of Transcript Restriction set for 9/26/2018. (White, Ryan) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
28

Minutes of Motion Hearing: Order - Defendants' Motion for Order Allowing Transfer of Detainee (ECF 24 ) is DENIED as stated on the record. Nadia H. Dahab present as counsel for Plaintiffs. Dianne Schweiner and Ubaid Ul-Hag present as counsel for Defendants. Lisa Hay and Jessica Snyder present as counsel Amica Curiae. Court Reporter: Bonita Shumway. Judge Michael H. Simon presiding. (mja) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
29

Motion to Dissolve Temporary Restraining Order; and Federal Defendants' Status Update. Filed by All Defendants. (Attachments: # 1 Exhibit 1, Newman Declaration (BOP), # 2 Exhibit 2, Heaton Declaration (ICE)) (ul-Haq, Ubaid) (Entered: 07/01/2018)

1 Exhibit 1, Newman Declaration (BOP)

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2 Exhibit 2, Heaton Declaration (ICE)

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July 1, 2018

July 1, 2018

PACER
30

Motion to Amend/Correct Opinion and Order, 23 . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 07/01/2018)

July 1, 2018

July 1, 2018

PACER
31

Declaration of Erin M. Pettigrew. Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct 30 .) (Attachments: # 1 Exhibit A) (Dahab, Nadia) (Entered: 07/01/2018)

1 Exhibit A

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July 1, 2018

July 1, 2018

PACER
32

Amended Affidavit of Amberly Newman in Support of Motion . Filed by All Defendants. (Related document(s): Motion - Miscellaneous 29 .) (Attachments: # 1 Attachment A and B) (Schweiner, Dianne) (Entered: 07/01/2018)

1 Attachment A and B

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July 1, 2018

July 1, 2018

PACER
33

Response in Opposition (captioned Brief of Amica Curiae Federal Public Defender in Opposition to Motion to Dissolve Temporary Restraining Order) to Motion to Dissolve Temporary Restraining Order; and Federal Defendants' Status Update 29 . Filed by Lisa Hay. (Hay, Lisa) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
34

Minutes of Status Conference - See attached order for details. Keith A. Ketterling, Nadia H. Dahab, and Leland Baxter-Neal present as counsel for Plaintiff(s). Dianne Schwiener, Erez Rueveni, and Ubaid Ul-Haq present as counsel for Defendant(s). Stephen R. Sady and Jessica Greenlick Snyder present as counsel Amica Curiae Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (mja). Modified to add amica curiae counsel. (Main Document 34 replaced to correct typographical error on 7/3/2018. NEF regenerated to all parties.) (sss). (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
35

Order - All filings in this case will be unsealed by the Court and available to the public unless expressly requested by a party that a filing be sealed. Ordered by Judge Michael H. Simon. (mja) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
36

Minutes of Telephone Conference: Discovery matter discussed as stated on the sealed record. Keith A. Ketterling, Nadia H. Dahab, and Leland Baxter-Neal present as counsel for Plaintiff(s). Ubaid Ul-Haq present as counsel for Defendant(s). Jessica Greenlick Snyder present as counsel Amica Curiae. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
37

Status Report on Discovery Requests by All Plaintiffs. Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
38

Declaration of Keith Ketterling in Support of Plaintiffs' Status Report on Discovery Requests. Filed by All Plaintiffs. (Related document(s): Status Report 37 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Dahab, Nadia) (Entered: 07/05/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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July 5, 2018

July 5, 2018

PACER
39

Minutes of Status Conference: Status of case discussed as stated on the record. Order - Setting a further Status Conference for 7/13/2018 at 10:00AM in Portland, Courtroom 15B, before Judge Michael H. Simon. Ketih A. Ketterling, Nadia H. Dahab, and Leland Baxter-Neal present as counsel for plaintiff(s). Ubaid Ul-Haq and Anthony Bianco present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael H. Simon presiding. (mja) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
40

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on June 28, 2018 before Judge Michael H. Simon, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/13/2018. Redaction Request due 7/27/2018. Redacted Transcript Deadline set for 8/6/2018. Release of Transcript Restriction set for 10/4/2018. (Shumway, Bonita) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
41

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Status Hearing held on July 3, 2018 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov, OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Status Hearing for date of July 3, 2018 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@ord.uscourts.gov. NOTE: THIS DOCUMENT HAS BEEN FILED UNDER SEAL. Notice of Intent to Redact Transcript is due by 7/16/2018. Redaction Request due 7/30/2018. Redacted Transcript Deadline set for 8/8/2018. Release of Transcript Restriction set for 10/9/2018. (Apodaca, Dennis) (Entered: 07/08/2018)

July 8, 2018

July 8, 2018

PACER
42

Notice of Appearance of Anthony D. Bianco appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Bianco, Anthony) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
43

Declaration of Rosa Cham-Estrada, Associate Warden, FCI Sheridan . Filed by All Defendants. (ul-Haq, Ubaid) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
44

Declaration of Corey Heaton, Assistant Field Office Director, ICE/ERO Portland . Filed by All Defendants. (ul-Haq, Ubaid) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
45

MINUTES of Proceedings: Status Conference held. Status of case discussed as stated on the record. The parties shall confer and email the Court with a proposed revised schedule. Keith A. Kitterling, Nadia H. Dahab and Leland Baxter Neal present as counsel for plaintiff(s). Ubaid ul-Haq and Anthony D. Bianco present (on phone) as counsel for defendant(s). Tape No: Present for Amicus: Jessica Snyder (on phone). Judge Michael H. Simon presiding. (jp) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
46

Notice of Appearance of Leland Baxter-Neal appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs. (Baxter-Neal, Leland) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
47

Order - The Court adopts the parties' stipulated schedule and orders the other matters as stated herein. The Temporary Restraining Order (ECF 23 ) entered by the Court on June 25, 2018, is extended by one week to July 30, 2018, conditioned on Plaintiffs' agreement to complete all remaining initial consultations by July 30, 2018. The Preliminary Injunction Hearing set for 7/20/2018 at 10:00AM is STRICKEN and RESET to 7/30/2018 at 1:00PM in Courtroom 15B. Signed on 7/16/2018 by Judge Michael H. Simon. (See formal order for details) (mja) Modified on 7/16/2018 to correct text of order. (mja). (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
48

Motion for Preliminary Injunction . Oral Argument requested. Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
49

Declaration of Stephen W. Manning . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 48 .) (Dahab, Nadia) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
50

Declaration of Erin M. Pettigrew . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 48 .) (Dahab, Nadia) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
51

Response in Opposition to Motion for Preliminary Injunction 48 Oral Argument requested. Filed by All Defendants. (Bianco, Anthony) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
52

Minutes of Preliminary Injunction Hearing: Order - Plaintiffs' Motion for Preliminary Injunction (ECF 48 ) is GRANTED as stated on the record. Formal order to follow. Order - Setting a Status Conference for 8/13/2018 at 10:00AM, in Portland, Courtroom 15B, before Judge Michael H. Simon. Keith A. Ketterling, Nadia H. Dahab and Leland Baxter-Neal present as counsel for Plaintiff(s). Anthony D. Bianco present as counsel for Defendant(s). Court Reporter: Bonita Shumway. Judge Michael H. Simon presiding. (mja) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

PACER
53

Transcript Designation and Order Form for the hearing held on 7/30/2018 before Judge Simon. Court Reporter: Bonita Shumway. . Filed by All Defendants. (Bianco, Anthony) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
54

Opinion and Order - Plaintiff's Motion for Preliminary Injunction (ECF 48 ) is GRANTED as set forth in this Opinion and Order. Signed on 7/31/2018 by Judge Michael H. Simon. (mja) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

RECAP
55

Minutes of Status Conference: Status of the case discussed as stated on the record. Order - A Telephone Status Conference is set for 8/31/2018 at 09:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Nadia H. Dehab and Leland Baxter-Neal present as counsel for plaintiff(s). Ubaid Ul-Haq and Anthony D. Bianco present as counsel for defendant(s). Lisa Hay, Jessica Greenlick Snyder and Stephen Sady present as counsel Amicus Curiae. Court Reporter: Ryan White. Judge Michael H. Simon presiding. Modified on 8/13/2018 to add Amicus Curiae counsel (mja). (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
56

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Preliminary Injunction Hearing held on 7/30/2018 before Judge Michael H. Simon, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/20/2018. Redaction Request due 9/4/2018. Redacted Transcript Deadline set for 9/13/2018. Release of Transcript Restriction set for 11/13/2018. (Shumway, Bonita) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
57

Scheduling Order by Judge Michael H. Simon. Order - At the Government's unopposed request, the Court is resetting the Telephone Status Conference from 8/31/2018 to 9/4/2018 at 10:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
58

Minutes of Telephone Conference: Status of case discussed as stated on the record. Setting a further Telephone Status Conference for 9/25/2018 at 09:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Nadia H. Dahab and Leland Baxter-Neal present as counsel for Plaintiffs. Ubaid ul-Haq present as counsel for Defendants. George Y. Cho present as counsel for Federal Bureau of Prisons. Lisa Hay and Jessica Greenlick Snyder present as counsel Amicus Curiae. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
59

Motion to Dismiss for Lack of Jurisdiction and for Mootness. Filed by All Defendants. (Attachments: # 1 Exhibit 1, Declaration of AFOD Chad Allen, 09.04.18, # 2 Exhibit 2, Declaration of Amberly Newman, 09.14.18) (ul-Haq, Ubaid) (Entered: 09/14/2018)

1 Exhibit 1, Declaration of AFOD Chad Allen, 09.04.18

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2 Exhibit 2, Declaration of Amberly Newman, 09.14.18

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Sept. 14, 2018

Sept. 14, 2018

PACER
60

Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction and for Mootness 59 . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER
61

Minutes of Telephone Conference: Order - Plaintiffs' Motion for Extension of Time (ECF 60 ) is GRANTED as follows: Plaintiffs' response to Defendants' Motion to Dismiss (ECF 59 ) is due by 10/12/2018; Defendants' reply is due by 10/19/2018; and Oral Argument is set for 11/2/2018 at 02:00PM in Portland, Courtroom 15B, before Judge Michael H. Simon. Keith A. Ketterling, Nadia H. Dahab, Mathew W. dos Santos, and Leland Baxter-Neal present as counsel for Plaintiffs. Ubaid ul-Haq present as counsel for Defendants. Lisa Hay present as counsel Amicus Curiae. George Y. Cho present as counsel for the Federal Bureau of Prisons. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
62

Stipulated Motion to Amend/Correct Opinion and Order 54 . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER
63

ORDER - The Parties' Stipulated Motion to Amend Opinion and Order Granting Preliminary Injunction (ECF 62 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

PACER
64

Response to Motion to Dismiss for Lack of Jurisdiction and for Mootness 59 . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
65

Declaration of Stephen W. Manning . Filed by All Plaintiffs. (Related document(s): Response to Motion 64 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Dahab, Nadia) (Entered: 10/12/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Oct. 12, 2018

Oct. 12, 2018

PACER
66

Supplement Letter of Additional Authority. Filed by All Plaintiffs. (Related document(s): Response to Motion 64 .) (Attachments: # 1 Attachment) (Dahab, Nadia) (Entered: 10/17/2018)

1 Attachment

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Oct. 17, 2018

Oct. 17, 2018

PACER
67

Unopposed Motion for Extension of Time to File a Response/Reply in Support of to Motion to Dismiss for Lack of Jurisdiction and for Mootness 59 . Filed by All Defendants. (ul-Haq, Ubaid) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
68

ORDER - Defendants' Motion for Extension of Time to File Reply to Motion to Dismiss for Lack of Jurisdiction (ECF 67 ) is GRANTED. Defendants' reply is due by 10/26/2018. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
69

Reply in Support to Motion to Dismiss for Lack of Jurisdiction and for Mootness 59 . Filed by All Defendants. (ul-Haq, Ubaid) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
70

Motion for Order Allowing Transfer of Remaining Alien Detainees Pursuant to Order Granting Preliminary Injunction, ECF No. 54. Filed by All Defendants. (Attachments: # 1 Exhibit 1, Declaration of AFOD Heaton) (ul-Haq, Ubaid) (Entered: 10/26/2018)

1 Exhibit 1, Declaration of AFOD Heaton

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Oct. 26, 2018

Oct. 26, 2018

PACER
71

Response in Opposition to Motion for Order Allowing Transfer of Remaining Alien Detainees Pursuant to Order Granting Preliminary Injunction, ECF No. 54 70 . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER
72

Declaration of Stephen W. Manning ISO Plaintiffs' Opposition to Motion for Order Allowing Transfer of Detainee. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion 71 .) (Dahab, Nadia) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER
73

ORDER - In anticipation of the oral argument set for November 2, 2018, at 2:00 p.m. on Defendants' Motion to Dismiss Complaint for Lack of Jurisdiction and for Mootness (ECF 59 ), the Court would appreciate the parties being prepared to discuss the following question: If this Court properly had subject matter jurisdiction over the dispute when the complaint was filed because removal proceedings had not yet begun, can there be "retroactive destruction of jurisdiction" after removal proceedings commence, based on 8 U.S.C. sec. 1252(b)(9)? The Court understands that Defendants deny the premise of this question. The Court also understands that Plaintiffs assert that Section 1252(b)(9) does not apply in this case because their claims are "wholly independent of and collateral to their removal proceedings." Putting aside for a moment these specific arguments by Plaintiffs and Defendants, the Court would appreciate the parties' views on whether a case that begins with subject matter matter jurisdiction being present can ever lose jurisdiction based on post-filing events. In addressing that question, the parties may want to consider the following cases: (1) Exxon Mobil Corp. v. Saudi Basic Indus, Corp., 544 U.S. 280, 292 (2005); (2) Judge Noonan's dissent in Ahmed v. Washington, 276 F.3d 464, 474-75 (Noonan, J., dissenting) (9th Cir. 2001), as amended (Dec. 27, 2001), vacated, 294 F.3d 1092 (9th Cir. 2002); and (3) Morgans Heirs v. Morgan, 15 U.S. (2 Wheat.) 290, 294-95 (1817) (Chief Justice John Marshall writing, "The general rule is, that a court, once having jurisdiction of a case, will keep it."). Ordered by Judge Michael H. Simon. (mja) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER
74

MINUTES OF PROCEEDINGS: Order - Defendants' Motion to Dismiss (ECF 59 ) is taken under advisement as of 11/2/2018. Keith A. Ketterling, Nadia H. Dahab, and Leland Baxter-Neal present as counsel for Plaintiffs. Ubaid Ul-Haq present as counsel for Defendants. George Y. Cho present as counsel for the Federal Bureau of Prisons. Sarah Lara present as counsel for the Department of Homeland Security. Lisa Hay present as counsel Amicus Curiae. Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
75

Notice of Voluntary Dismissal . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
76

Declaration of Stephen W. Manning Accompanying Plaintiffs' Notice of Voluntary Dismissal. Filed by All Plaintiffs. (Related document(s): Notice of Voluntary Dismissal 75 .) (Dahab, Nadia) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER

Case Details

State / Territory: Oregon

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 22, 2018

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Innovation Law Labs, a Portland based legal advocacy group, and a detainee at Sheridan prison

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security, Federal

Immigration and Customs Enforcement, Federal

Seattle Field Office of Immigration and Customs Enforcement, Federal

U.S. Attorney General, Federal

Federal Bureau of Prisons, Federal

FCI Sheridan Medium Security Prison, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 2018 - 2018

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Conditions of confinement

Confinement/isolation

Habeas Corpus

Phone

Type of Facility:

Government-run

Immigration/Border:

Asylum - procedure

Detention - procedures

Immigration lawyers