Case: J.S.R. v. Sessions / V.F.B. v. Sessions

3:18-cv-01106 | U.S. District Court for the District of Connecticut

Filed Date: July 2, 2018

Closed Date: Aug. 29, 2018

Clearinghouse coding complete

Case Summary

This lawsuit grew out of the Trump Administration's family separation policy, by which kids were separated from their parents at the U.S.-Mexico border. On July 2, 2018, two children from Central America who had been separated from their parents after crossing the U.S.-Mexico border filed these separate lawsuits and petitions for habeas corpus against the U.S. Department of Homeland Security, in the U.S. District Court for the District of Connecticut. The plaintiffs, who were represented by the…

This lawsuit grew out of the Trump Administration's family separation policy, by which kids were separated from their parents at the U.S.-Mexico border.

On July 2, 2018, two children from Central America who had been separated from their parents after crossing the U.S.-Mexico border filed these separate lawsuits and petitions for habeas corpus against the U.S. Department of Homeland Security, in the U.S. District Court for the District of Connecticut. The plaintiffs, who were represented by the Yale Law School's clinic (the Jerome Frank Legal Services Organization) and by Connecticut Legal Services, sought injunctive relief, habeas relief, and attorneys fees. The plaintiffs claimed violations of Fifth Amendment substantive and procedural due process, Fifth Amendment equal protection, section 504 of the Rehabilitation Act (29 U.S.C. § 701), and the Administrative Procedure Act (APA) (5 U.S.C. §§ 551 et seq.). The plaintiffs alleged that after they were apprehended in Texas by Border Patrol, a subagency of the Department of Homeland Security, they were forcibly separated from their parents and placed with a resettlement agency in Connecticut. They alleged that they were then kept incommunicado from their parents for several weeks at a time, and that the forced separation caused severe mental and emotional trauma.

The plaintiffs each filed motions for a temporary restraining order and preliminary injunction on July 5, 2018, arguing that separation from their parents caused them irreparable harm. The government objected that a preliminary injunction in this case would interfere with its efforts to implement the relief ordered in a concurrent lawsuit, Ms. L. v. ICE, filed in the U.S. District Court for the Southern District of California. The judge in that case had already ordered the government to reunite all families separated by the Trump Administration’s “zero tolerance” policy by July 26. 2018 WL 3129486. There's more information on the Ms. L. case here.

The two Connecticut cases were consolidated on July 9, 2018. After a hearing on the plaintiffs’ motions on July 11, District Judge Victor A. Bolden granted the plaintiffs' motions in part and denied them in part. Judge Bolden sided with the plaintiffs’ arguments that their constitutional rights were violated. 2018 WL 3421321. Although he agreed with the government that ordering the immediate reunification of the parents with the plaintiffs would merely duplicate the relief ordered in the California case, he noted that the relief in that case was designed to remedy the constitutional wrong suffered by parents separated from their children, whereas his injunction in this case was designed to remedy that suffered by children. He thus issued writs of habeas corpus ad testificandum so that the parents would be physically present at a July 18 status conference intended to address the proper form of relief for the two plaintiffs, including any treatment for the trauma they had suffered. He also ordered that the plaintiffs be allowed to communicate daily with their parents via video conference.

On July 16, the government filed a notice of compliance indicating that the plaintiffs would be reunited with their parents that same day, and that ICE would parole the parents from custody.

As this article explains, the plaintiffs' lawyers offered this case as a model for other litigators elsewhere. Because the lawsuit focused on repairing harm to the children, Judge Bolden allowed the kids to be released to their parents outside of federal custody, without even ankle monitors to keep track of their location.

At the July 18 status conference, the plaintiffs' attorneys requested additional time to confer and determine what, if any, other forms of relief they might seek. The defendants argued that this case was now moot, and the court continued the matter to July 27.

On July 26, the plaintiffs filed a motion seeking a continuance of the status conference. The same day, the defendants objected to the plaintiffs' motion, arguing that the defendants had already advised the plaintiffs that they would be provided with referrals for treatment and other services, and that the case should be dismissed. In response, the court cancelled the July 27 hearing and scheduled a hearing for September 5 to address the issue of mootness.

On August 29, 2018, the parties filed a stipulation of dismissal with the court. Each party was to bear its own costs, expenses, and fees.

The case is now closed.

Summary Authors

Alexander Walling (7/20/2018)

Sam Kulhanek (5/14/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7334996/parties/r-v-sessions/


Judge(s)

Bolden, Victor Allen (Connecticut)

Attorneys(s) for Plaintiff

Ahmad, Muneer I. (Connecticut)

Lewis, Joanne (Connecticut)

Orihuela, Marisol (California)

Perry, Joshua (Connecticut)

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

Hughes, John B. (Connecticut)

McConaghy, Michelle Lynn (Connecticut)

Judge(s)

Bolden, Victor Allen (Connecticut)

Attorneys(s) for Plaintiff

Ahmad, Muneer I. (Connecticut)

Lewis, Joanne (Connecticut)

Orihuela, Marisol (California)

Perry, Joshua (Connecticut)

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

Hughes, John B. (Connecticut)

McConaghy, Michelle Lynn (Connecticut)

Documents in the Clearinghouse

Document

Docket [PACER]

R. v. Sessions

Nov. 7, 2018 Docket
1

Complaint for Declaratory and Injunctive Relief & Petition for Writ of Habeas Corpus

V.F.B. v. Sessions

July 2, 2018 Complaint
1

Complaint for Declaratory and Injunctive Relief & Petition for Writ of Habeas Corpus

J.S.R. v. Sessions

July 2, 2018 Complaint
57

Ruling and Order on Motion for a Preliminary Injunction

J.S.R. v. Sessions

330 F.Supp.3d 731, 2018 WL 3421321

July 13, 2018 Order/Opinion
63

Notice of Compliance

J.S.R. v. Sessions

July 16, 2018 Pleading / Motion / Brief

Resources

Title Description External URL

J.S.R v. Sessions; V.F.B v Sessions

Yale Law School clinic summary of the litigation. July 20, 2018 https://law.yale.edu/studying-law-yale/clinical-and-experiential-learning/our-clinics/worker-and-immigrant-rights-advocacy-clinic/jsr-v-sessions-vfb-v-sessions

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7334996/r-v-sessions/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT AND HABEAS PETITION against Alex M. Azar, II, L. Francis Cissna, Department of Homeland Security, Scott Lloyd, Kevin K. Mcaleenan, Kirstjen M. Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. Customs and Border Patrol, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement, Ronald D. Vitiello ( Filing fee $400 receipt number ACTDC-4886777.), filed by J.S.R..(Wishnie, Michael) (Entered: 07/02/2018)

July 2, 2018 PACER

Request for Clerk to issue summons as to All Defendants. (Wishnie, Michael)

July 2, 2018 PACER

Judge Warren W. Eginton added. (Anastasio, F.)

July 2, 2018 PACER
2

Order on Pretrial Deadlines: Motions to Dismiss due on 10/2/2018. Amended Pleadings due by 8/31/2018. Discovery due by 1/1/2019. Dispositive Motions due by 1/31/2019. Signed by Clerk on 7/2/2018.(Fazekas, J.) (Entered: 07/02/2018)

July 2, 2018 PACER
3

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Warren W. Eginton on 7/2/2018.(Fazekas, J.) (Entered: 07/02/2018)

July 2, 2018 PACER
4

STANDING PROTECTIVE ORDER Signed by Judge Warren W. Eginton on 7/2/2018.(Fazekas, J.) (Entered: 07/02/2018)

July 2, 2018 PACER
5

NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 2 Order on Pretrial Deadlines, 1 Complaint,, filed by J. S. R., 4 Standing Protective Order, 3 Electronic Filing Order Signed by Clerk on 7/2/2018.(Fazekas, J.) (Entered: 07/02/2018)

July 2, 2018 PACER
6

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Alex Azar, L. Francis Cissna, Department of Health and Human Services, Department of Homeland Security, Scott Lloyd, Kevin K. Mcaleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson B. Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration & Customs Enforcement, Ronald D. Vitiello* with answer to complaint due within *60* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - 127 Wall St* *New Haven, CT 06511* (Fazekas, J.) (Entered: 07/02/2018)

July 2, 2018 PACER
7

ORDER OF TRANSFER. Case reassigned to Judge Victor A. Bolden in the interest of justice for all further proceedings. Signed by Judge Warren W. Eginton on 7/2/2018.(Gould, K.) (Entered: 07/02/2018)

July 2, 2018 PACER
8

MOTION for Hearing by J. S. R.. (Wishnie, Michael) (Entered: 07/02/2018)

July 2, 2018 PACER
9

ORDER granting 8 Motion for Hearing. A calendar entry will follow. Signed by Judge Victor A. Bolden on 7/2/2018. (McDonough, S.) (Entered: 07/02/2018)

July 2, 2018 PACER
10

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference set for 7/3/2018 at 11:30 AM before Judge Victor A. Bolden. Because defense counsel has not yet appeared, Plaintiff is directed to reach out to opposing counsel to ensure that someone will be available for this call. Once all parties are on the line, please call Chambers at (203) 579-5562. (McDonough, S.) (Entered: 07/02/2018)

July 2, 2018 PACER
11

NOTICE of Appearance by Muneer I. Ahmad on behalf of J. S. R. (Ahmad, Muneer) (Entered: 07/02/2018)

July 2, 2018 PACER
12

Minute Entry for proceedings held before Judge Victor A. Bolden: Telephonic Scheduling Conference held on 7/3/2018. Total Time: 0 hours and 15 minutes (Court Reporter S. Montini.) (McDonough, S.) (Entered: 07/03/2018)

July 3, 2018 PACER
13

SCHEDULING ORDER: Please see attached. Signed by Judge Victor A. Bolden on 7/3/2018. (McDonough, S.) (Entered: 07/03/2018)

July 3, 2018 PACER
14

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Set/Reset Deadlines as to (Motion Hearing set for 7/11/2018 at 11:30 AM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Victor A. Bolden). (McDonough, S.) (Entered: 07/03/2018)

July 3, 2018 PACER
15

TRANSCRIPT of Proceedings: Type of Hearing: Telephone Conference. Held on 7/3/18 before Judge Victor Bolden. Court Reporter: Sharon Montini. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 7/26/2018. Redacted Transcript Deadline set for 8/5/2018. Release of Transcript Restriction set for 10/3/2018. (Montini, S.) (Entered: 07/05/2018)

July 5, 2018 RECAP
16

NOTICE of Appearance by Michelle Lynn McConaghy on behalf of Alex Azar, L. Francis Cissna, Department of Homeland Security, Scott Lloyd, Kevin K. Mcaleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson B. Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Immigration & Customs Enforcement, Ronald D. Vitiello (McConaghy, Michelle) (Entered: 07/05/2018)

July 5, 2018 PACER
17

MOTION for Temporary Restraining Order OR PRELIMINARY INJUNCTION by J. S. R.. (Attachments: # 1 Affidavit Martin A, # 2 Affidavit Martin B, # 3 Affidavit Zucco Himmelstein, # 4 Exhibit A to Zucco Himmelstein, # 5 Exhibit B to Zucco Himmselstein, # 6 Affidavit Orihuela, # 7 Exhibit A-F to Orihuela, # 8 Exhibit G-P to Orihuela, # 9 Exhibit Q-Z to Orihuela, # 10 Exhibit AA-FF to Orihuela, # 11 Exhibit GG-QQ to Orihuela)(Ahmad, Muneer) (Entered: 07/05/2018)

1 Affidavit Martin A

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2 Affidavit Martin B

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3 Affidavit Zucco Himmelstein

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4 Exhibit A to Zucco Himmelstein

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5 Exhibit B to Zucco Himmselstein

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6 Affidavit Orihuela

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7 Exhibit A-F to Orihuela

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8 Exhibit G-P to Orihuela

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9 Exhibit Q-Z to Orihuela

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10 Exhibit AA-FF to Orihuela

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11 Exhibit GG-QQ to Orihuela

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July 5, 2018 PACER
18

MOTION for Writ ad testificandum by J. S. R.. (Attachments: # 1 Affidavit of Massiel Zucco-Himmelstein, # 2 Exhibit A, # 3 Exhibit B, # 4 Affidavit of Joshua Perry, # 5 Affidavit of Dr Andres Martin "A", # 6 Affidavit of Dr Andres Martin "B")(Wishnie, Michael) (Entered: 07/05/2018)

1 Affidavit of Massiel Zucco-Himmelstein

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2 Exhibit A

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3 Exhibit B

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4 Affidavit of Joshua Perry

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5 Affidavit of Dr Andres Martin "A"

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6 Affidavit of Dr Andres Martin "B"

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July 5, 2018 PACER
19

AFFIDAVIT re 18 MOTION for Writ ad testificandum Signed By Marisol Orihuela filed by J. S. R.. (Attachments: # 1 Exhibit A-F, # 2 Exhibit G-P, # 3 Exhibit Q-Z, # 4 Exhibit AA-FF, # 5 Exhibit GG-QQ)(Wishnie, Michael) (Entered: 07/05/2018)

1 Exhibit A-F

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2 Exhibit G-P

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3 Exhibit Q-Z

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4 Exhibit AA-FF

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5 Exhibit GG-QQ

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July 5, 2018 PACER
20

NOTICE of Appearance by Joanne Lewis on behalf of J. S. R. (Lewis, Joanne) (Entered: 07/05/2018)

July 5, 2018 PACER
43

MOTION for Temporary Restraining Order OR PRELIMINARY INJUNCTION by V. F. B.. (Attachments: # 1 Affidavit Martin A, # 2 Affidavit Martin B, # 3 Affidavit Zucco Himmelstein,, # 4 Exhibit A to Zucco Himmelstein, # 5 Exhibit B to Zucco Himmelstein, # 6 Affidavit Orihuela, # 7 Exhibit A-F to Orihuela, # 8 Exhibit G-P to Orihuela, # 9 Exhibit Q-Z to Orihuela, # 10 Exhibit AA-FF to Orihuela, # 11 Exhibit GG-QQ to Orihuela)(Perez, J.) (Entered: 07/10/2018)

1 Affidavit Martin A

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2 Affidavit Martin B

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3 Affidavit Zucco Himmelstein,

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4 Exhibit A to Zucco Himmelstein

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5 Exhibit B to Zucco Himmelstein

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6 Affidavit Orihuela

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7 Exhibit A-F to Orihuela

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8 Exhibit G-P to Orihuela

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9 Exhibit Q-Z to Orihuela

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10 Exhibit AA-FF to Orihuela

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11 Exhibit GG-QQ to Orihuela

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July 5, 2018 RECAP
21

OBJECTION re 18 MOTION for Writ ad testificandum filed by Alex Azar, L. Francis Cissna, Department of Homeland Security, Scott Lloyd, Kevin K. Mcaleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson B. Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Immigration & Customs Enforcement, Ronald D. Vitiello. (McConaghy, Michelle) (Entered: 07/06/2018)

July 6, 2018 PACER
22

EXHIBIT by Alex Azar, L. Francis Cissna, Department of Homeland Security, Scott Lloyd, Kevin K. Mcaleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson B. Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Immigration & Customs Enforcement, Ronald D. Vitiello re 21 Objection,. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D)(McConaghy, Michelle) (Entered: 07/06/2018)

1 Exhibit B

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2 Exhibit C

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3 Exhibit D

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July 6, 2018 PACER
23

EXHIBIT Signed Declaration by Alex Azar, L. Francis Cissna, Department of Homeland Security, Scott Lloyd, Kevin K. Mcaleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson B. Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Immigration & Customs Enforcement, Ronald D. Vitiello re 13 Scheduling Order. (McConaghy, Michelle) (Entered: 07/06/2018)

July 6, 2018 PACER
24

NOTICE of Appearance by Marisol Orihuela on behalf of J. S. R. (Orihuela, Marisol) (Entered: 07/06/2018)

July 6, 2018 PACER
25

NOTICE by J. S. R. re 18 MOTION for Writ ad testificandum of Supplemental Authority (Orihuela, Marisol) (Entered: 07/06/2018)

July 6, 2018 PACER
26

NOTICE by Alex Azar, L. Francis Cissna, Department of Homeland Security, Scott Lloyd, Kevin K. Mcaleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson B. Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Immigration & Customs Enforcement, Ronald D. Vitiello re 25 Notice (Other) (Attachments: # 1 Notice of Compliance and Request for Clarification)(McConaghy, Michelle) (Entered: 07/06/2018)

1 Notice of Compliance and Request for Clarification

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July 6, 2018 PACER
27

ORDER granting in part and denying in part 18 Motion for Writ. Signed by Judge Victor A. Bolden on 7/6/2018. (McDonough, S.) (Entered: 07/06/2018)

July 6, 2018 PACER
28

MOTION for Leave to File Law Student Appearance by J. S. R.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wishnie, Michael) (Entered: 07/06/2018)

1 Exhibit A

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2 Exhibit B

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July 6, 2018 PACER
29

ORDER granting 28 Motion for Leave for Aseem Mehta to appear as a law student intern. Signed by Judge Victor A. Bolden on 7/7/2018. (McDonough, S.) (Entered: 07/07/2018)

July 7, 2018 PACER
30

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION.Telephonic Status Conference set for 7/9/2018 at 10:00 AM before Judge Victor A. Bolden. Once all parties are on the line, please call Chambers at (203) 579-5562. (McDonough, S.) (Entered: 07/09/2018)

July 9, 2018 PACER
31

MOTION for Leave to File Law Student Appearance by J. S. R.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wishnie, Michael) (Entered: 07/09/2018)

1 Exhibit A

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2 Exhibit B

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July 9, 2018 PACER
32

Minute Entry for proceedings held before Judge Victor A. Bolden: Telephonic Status Conference and Motion hearing held on 7/9/2018. Granting 33 Oral motion to Consolidate cases. Total Time: 0 hours and 15 minutes (Court Reporter S. Montini.) (McDonough, S.) Modified on 7/10/2018 to include ruling on oral motion (Perez, J.). (Entered: 07/09/2018)

July 9, 2018 PACER
33

ORAL MOTION to Consolidate Cases. Motion for case to be consolidated with 18-cv-1110 filed by J. S. R. (McDonough, S.) (Entered: 07/09/2018)

July 9, 2018 PACER
34

ORDER granting 31 Motion for Leave to File Law Student Appearance. Signed by Judge Victor A. Bolden on 7/9/2018. (McDonough, S.) (Entered: 07/09/2018)

July 9, 2018 PACER
35

ORDER granting 33 Motion to Consolidate Cases. Plaintiff in V.F.B. v. Sessions, No. 3:18-cv-1110 has moved orally to consolidate that case with J.S.R. v. Sessions, No. 3:18-cv-1106. There is no objection. The Court finds that these two cases involve "common question[s] of law or fact," see Fed. R. Civ. P. 42(a), relating to the same government policy of separating minor children from their asylum-seeking or migrant parents, as reflected in Plaintiffs' Motion for Temporary Restraining Order or Preliminary Injunction and the supporting memorandum of law. ECF No. 17. The Court therefore grants the motion to consolidate the cases. See R.W. Grand Lodge of Free & Accepted Masons of Pennsylvania v. Meridian Capital Partners, Inc., 634 Fed. App'x 4, 6 (2d Cir. 2015) ("A party moving for consolidation 'must bear the burden of showing the commonality of factual and legal issues in different actions, and a district court must examine the special underlying facts with close attention before ordering a consolidation.'")(quoting In re Repetitive Stress Injury Litig., 11 F.3d 368, 373 (2d Cir. 1993)). The new caption will be J.S.R. and V.F.B. v. Sessions, No. 3:18-cv-1106. The Court will also consolidate the two hearings currently scheduled for Wednesday, July 11, 2018. The Court will hear argument in the consolidated case, No. 3:18-cv-1106, at 11:30 a.m. on July 11, 2018. To the extent that the parties believe that consolidation requires modification of the Court's Order granting in part and denying in part the motion for writ of habeas corpus ad testificandum, the parties should submit a request to modify that Order as needed. Signed by Judge Victor A. Bolden on 7/9/2018. (McDonough, S.) (Entered: 07/09/2018)

July 9, 2018 PACER
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ORDER: Plaintiffs' Complaint, ECF No. 1, states that Plaintiffs are represented by and through their next friend, Joshua Perry. Compl. at 1-2. At the July 11th preliminary injunction hearing, Mr. Perry's status as "next friend" to Plaintiffs should be more fully addressed. See Fed. R. Civ. P. 17(c)(2) ("A minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem--or issue another appropriate order--to protect a minor or incompetent person who is unrepresented in an action."). Signed by Judge Victor A. Bolden on 7/9/2018. (McDonough, S.) (Entered: 07/09/2018)

July 9, 2018 PACER
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SUPPLEMENTAL ORDER on motion for writ of habeas corpus ad testificandum. Signed by Judge Victor A. Bolden on 7/10/2018. (McDonough, S.) (Entered: 07/10/2018)

July 10, 2018 RECAP
38

Joint MOTION to Amend Hearing Schedule re 27 Order on Motion for Writ by Alex Azar, L. Francis Cissna, Department of Homeland Security, Scott Lloyd, Kevin K. Mcaleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson B. Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Immigration & Customs Enforcement, Ronald D. Vitiello.Responses due by 7/31/2018 (McConaghy, Michelle) (Entered: 07/10/2018)

July 10, 2018 PACER
39

NOTICE of Appearance by John B. Hughes on behalf of Alex Azar, L. Francis Cissna, Department of Homeland Security, Scott Lloyd, Kevin K. Mcaleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson B. Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Immigration & Customs Enforcement, Ronald D. Vitiello (Hughes, John) (Entered: 07/10/2018)

July 10, 2018 PACER
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ORDER granting 38 Motion to Amend Scheduling Order. Signed by Judge Victor A. Bolden on 7/10/2018. (McDonough, S.) (Entered: 07/10/2018)

July 10, 2018 PACER
41

WRIT of Habeas Corpus Ad Testificandum for J.S.R. Signed by Judge Victor A. Bolden on 7/10/2018. (McDonough, S.) (Entered: 07/10/2018)

July 10, 2018 RECAP
42

WRIT of Habeas Corpus Ad Testificandum for V.F.B. Signed by Judge Victor A. Bolden on 7/10/2018. (McDonough, S.) (Entered: 07/10/2018)

July 10, 2018 RECAP
44

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 7/10/2018 11:30 & 3:00, Motion Hearing as to 43 MOTION for Temporary Restraining Order, 17 MOTION for Temporary Restraining Order OR PRELIMINARY INJUNCTION set for 7/11/2018 12:00 PM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Victor A. Bolden. (Perez, J.) (Entered: 07/10/2018)

July 10, 2018 PACER
45

NOTICE of Consolidation Signed by Clerk on 7/10/2018.(Perez, J.) (Entered: 07/10/2018)

July 10, 2018 PACER
46

OBJECTION re 17 MOTION for Temporary Restraining Order OR PRELIMINARY INJUNCTION filed by Alex Azar, L. Francis Cissna, Department of Homeland Security, Scott Lloyd, Kevin K. Mcaleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson B. Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Immigration & Customs Enforcement, Ronald D. Vitiello. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(McConaghy, Michelle) (Entered: 07/10/2018)

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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July 10, 2018 RECAP
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EXHIBIT D - Substituted Signed Declaration by Alex Azar, L. Francis Cissna, Department of Homeland Security, Scott Lloyd, Kevin K. Mcaleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson B. Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Immigration & Customs Enforcement, Ronald D. Vitiello re 17 MOTION for Temporary Restraining Order OR PRELIMINARY INJUNCTION. (McConaghy, Michelle) (Entered: 07/10/2018)

July 10, 2018 PACER
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MOTION for Joinder by J. S. R.. (Lewis, Joanne) (Entered: 07/10/2018)

July 10, 2018 PACER
49

MOTION for Joinder by V. F. B.. (Lewis, Joanne) (Entered: 07/10/2018)

July 10, 2018 PACER
50

MOTION for Leave to File for Law Student Intern to Appear by J. S. R.. (Attachments: # 1 Appendix Certification of Law Student & Consent of Supervising Attorney, # 2 Appendix Petitioner's Authorization)(Wishnie, Michael) (Entered: 07/10/2018)

1 Appendix Certification of Law Student & Consent of Supervising Attorney

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2 Appendix Petitioner's Authorization

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July 10, 2018 PACER
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ORDER granting 50 Motion for Leave to File Law Student Appearance. Signed by Judge Victor A. Bolden on 7/11/2018. (McDonough, S.) (Entered: 07/11/2018)

July 11, 2018 PACER
52

Minute Entry for proceedings held before Judge Victor A. Bolden: Motion Hearing held on 7/11/2018 re 17 MOTION for Temporary Restraining Order OR PRELIMINARY INJUNCTION filed by J. S. R., 43 MOTION for Temporary Restraining Order filed by V. F. B. Total Time: 3 hours and 12 minutes (Court Reporter S. Montini.) (McDonough, S.) (Entered: 07/12/2018)

July 11, 2018 PACER
65

Witness List by V. F. B., J. S. R.. (Perez, J.) (Entered: 07/17/2018)

July 11, 2018 PACER
53

ORDER granting 48 Motion to add J.S.G. as next friend, in addition to Joshua Perry, for J.S.R. Signed by Judge Victor A. Bolden on 7/12/2018. (McDonough, S.) (Entered: 07/12/2018)

July 12, 2018 PACER
54

ORDER granting 49 Motion to add A.B.A., in addition to Joshua Perry, as next friend for V.F.B. Signed by Judge Victor A. Bolden on 7/12/2018. (McDonough, S.) (Entered: 07/12/2018)

July 12, 2018 PACER
55

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. In-person Status Conference set for 7/18/2018 at 11:00 AM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Victor A. Bolden. (McDonough, S.) (Entered: 07/12/2018)

July 12, 2018 PACER
56

MOTION for Writ by J. S. R.. (Attachments: # 1 Affidavit Declaration of Dr)(Lewis, Joanne) (Entered: 07/12/2018)

1 Affidavit Declaration of Dr

View on PACER

July 12, 2018 PACER
57

ORDER granting in part and denying in part 43 Motion for TRO; granting in part and denying in part 17 Motion for TRO. Signed by Judge Victor A. Bolden on 7/13/2018. (McDonough, S.) (Entered: 07/13/2018)

July 13, 2018 RECAP
58

ORDER: In light of the Court's Order, ECF No. 57, this 56 Motion for Writ is moot. Signed by Judge Victor A. Bolden on 7/13/2018. (McDonough, S.) (Entered: 07/13/2018)

July 13, 2018 PACER
59

ORDER for Writ of Habeas Corpus Ad Testificandum for J.S.R. Signed by Judge Victor A. Bolden on 7/13/2018. (McDonough, S.) (Entered: 07/13/2018)

July 13, 2018 RECAP
60

ORDER for Writ of Habeas Corpus Ad Testificandum for J.S.G. Signed by Judge Victor A. Bolden on 7/13/2018. (McDonough, S.) (Entered: 07/13/2018)

July 13, 2018 RECAP
61

ORDER for Writ of Habeas Corpus Ad Testificandum for A.B.A. Signed by Judge Victor A. Bolden on 7/13/2018. (McDonough, S.) (Entered: 07/13/2018)

July 13, 2018 RECAP
62

ORDER for Writ of Habeas Corpus Ad Testificandum for V.F.B. Signed by Judge Victor A. Bolden on 7/13/2018. (McDonough, S.) (Entered: 07/13/2018)

July 13, 2018 RECAP
63

NOTICE by Alex Azar, L. Francis Cissna, Department of Homeland Security, Scott Lloyd, Kevin K. Mcaleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson B. Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Immigration & Customs Enforcement, Ronald D. Vitiello (McConaghy, Michelle) (Entered: 07/16/2018)

July 16, 2018 RECAP
64

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 7/17/2018 at 1:30 PM before Judge Victor A. Bolden. Once all parties are on the line, please call Chambers at (203) 579-5562. (McDonough, S.) (Entered: 07/16/2018)

July 16, 2018 PACER
66

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. RESET FROM 9/18/2018 The call scheduled for 7/18/2018 at 1:30 p.m. is cancelled. (McDonough, S.) (Entered: 07/17/2018)

July 17, 2018 PACER
67

CORRECTED ORDER re 66 Calendar Entry. The date in the Court's Order, ECF No. 66, was incorrect. The call scheduled for this afternoon, 7/17/2018, at 1:30 p.m., is cancelled. Signed by Judge Victor A. Bolden on 7/17/2018. (McDonough, S.) (Entered: 07/17/2018)

July 17, 2018 PACER
68

NOTICE by V. F. B., J. S. R. re. July 18, 2018 Status Conference (Ahmad, Muneer) (Entered: 07/17/2018)

July 17, 2018 RECAP
69

ORDER: the Court grants Plaintiffs' request to be relieved of the requirement to appear at the courthouse at 9:00 a.m. on July 18, before the status conference scheduled for 11:00 a.m., as previously ordered by the Court. See ECF Nos. 59-62. Signed by Judge Victor A. Bolden on 7/17/2018. (McDonough, S.) (Entered: 07/17/2018)

July 17, 2018 PACER
70

Minute Entry for proceedings held before Judge Victor A. Bolden: Status Conference held on 7/18/2018. Total Time: 0 hours and 19 minutes (Court Reporter S. Montini.) (McDonough, S.) (Entered: 07/18/2018)

July 18, 2018 PACER
71

Minute Entry for proceedings held before Judge Victor A. Bolden: Status Conference held on 7/18/2018. 19 minutes(Court Reporter S. Montini.) (Torres, K.) (Entered: 07/18/2018)

July 18, 2018 RECAP
72

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status Conference set for 7/27/2018 at 10:00 AM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Victor A. Bolden. Plaintiffs are directed to inform the Court by 12:00 p.m. on July 26, 2018, whether further proceedings on relief are necessary. (McDonough, S.) (Entered: 07/20/2018)

July 20, 2018 PACER
73

NOTICE by V. F. B., J. S. R. AND REQUEST FOR CONTINUANCE (Orihuela, Marisol) (Entered: 07/26/2018)

July 26, 2018 RECAP
74

OBJECTION re 73 Notice (Other) filed by Alex Azar, L. Francis Cissna, Department of Homeland Security, Scott Lloyd, Kevin K. Mcaleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson B. Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Immigration & Customs Enforcement, Ronald D. Vitiello. (McConaghy, Michelle) (Entered: 07/26/2018)

July 26, 2018 RECAP
75

ORDER: In light of the parties' respective filings, the hearing scheduled for July 27, 2018 at 10:00 a.m. is cancelled. Consistent with the Court's inherent authority to manage its docket with "a view toward the efficient and expedient resolution of cases," Dietz v. Bouldin, 136 S. Ct. 1885, 1892 (2016), the Court will hold a hearing on September 5, 2018 at 2:00 p.m. to address the issue of mootness raised by the Government. See, e.g., Objection to Plaintiffs' Motion for Continuance at 2, ECF No. 74 (arguing "that this case was now moot"). To the extent that the Government wishes to file a motion and memorandum of law on mootness, the Government shall do so by August 10, 2018. Plaintiffs shall respond to any filing by the Government by August 24, 2018. To the extent that the Government wishes to reply to any response submitted by the Plaintiffs, the Government shall file any reply by August 31, 2018. A calendar entry will follow. Signed by Judge Victor A. Bolden on 7/26/2018. (McDonough, S.) (Entered: 07/26/2018)

July 26, 2018 PACER
76

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 7/27/2018 at 10:00 a.m., The hearing that had been scheduled for July 27, 2018 at 10:00 a.m. is cancelled. The Court will hold a motion hearing on September 5, 2018 at 2:00 p.m. in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Victor A. Bolden. (McDonough, S.) (Entered: 07/26/2018)

July 26, 2018 PACER
77

SCHEDULING ORDER. The Court sua sponte extends the Scheduling Order as follows: To the extent that the Government wishes to file a motion and memorandum of law on mootness, the Government shall do so by August 17, 2018. Plaintiffs shall respond to any filing by the Government by August 31, 2018. To the extent that the Government wishes to reply to any response submitted by the Plaintiffs, the Government shall file any reply by September 4, 2018. Consistent with the last Scheduling Order, the Court will hold a hearing on September 5, 2018 at 2:00 p.m., in Courtroom Two, 915 Lafayette Boulevard, Bridgeport, CT. Signed by Judge Victor A. Bolden on 8/9/2018. (McDonough, S.) (Entered: 08/09/2018)

Aug. 9, 2018 PACER
78

SCHEDULING ORDER. The Court sua sponte extends the following deadlines: To the extent that the Government wishes to file a motion and memorandum of law on mootness, the Government shall do so by September 21, 2018. Plaintiffs shall respond to any filing by the Government by September 28, 2018. To the extent that the Government wishes to reply to any response submitted by the Plaintiffs, the Government shall file any reply by October 5, 2018. The Court will hold a hearing on October 11, 2018 at 3:00 p.m., in Courtroom Two, 915 Lafayette Boulevard, Bridgeport, CT. Signed by Judge Victor A. Bolden on 8/14/2018. (McDonough, S.) (Entered: 08/14/2018)

Aug. 14, 2018 PACER
79

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 9/5/2018 Status Conference set for 10/11/2018 03:00 PM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Victor A. Bolden (Perez, J.) (Entered: 08/15/2018)

Aug. 15, 2018 PACER
80

STIPULATION of Dismissal of Case by Alex Azar, L. Francis Cissna, Department of Homeland Security, Scott Lloyd, Kevin K. Mcaleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson B. Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Immigration & Customs Enforcement, Ronald D. Vitiello. (McConaghy, Michelle) (Entered: 08/29/2018)

Aug. 29, 2018 RECAP

JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Fazekas, J.)

Aug. 29, 2018 PACER
81

TRANSCRIPT of Proceedings: Type of Hearing: Status Conference. Held on 7/18/18 before Judge Victor Bolden. Court Reporter: Sharon Montini. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 11/28/2018. Redacted Transcript Deadline set for 12/8/2018. Release of Transcript Restriction set for 2/5/2019. (Montini, S.) (Entered: 11/07/2018)

Nov. 7, 2018 PACER
82

Transcript

April 15, 2022 PACER

State / Territory: Connecticut

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: July 2, 2018

Closing Date: Aug. 29, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A nine-year-old boy from Honduras and a fourteen-year-old girl from El Salvador who fled their respective countries due to gang violence and crossed the U.S.-Mexico border with their parents.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Jerome N. Frank Legal Services Organization (Yale)

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Equal Protection

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Habeas relief

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Classification / placement

Conditions of confinement

Discharge & termination plans

Family reunification

Juveniles

Over/Unlawful Detention

Parents (visitation, involvement)

Placement in detention facilities

Youth / Adult separation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Immigration status

National origin discrimination

Disability:

Mental impairment

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run

Immigration/Border:

Border police

Constitutional rights

Criminal prosecution

Detention - conditions

Detention - criteria

Detention - procedures

Family Separation

Refugees

Undocumented immigrants - rights and duties

National Origin/Ethnicity:

Hispanic