Case: Gonzalez-Garcia v. Sessions

1:18-cv-11340 | U.S. District Court for the District of Massachusetts

Filed Date: June 27, 2018

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On June 27, 2018, a refugee from Guatemala filed this lawsuit on behalf of herself and her daughter in the United States District Court for the District of Massachusetts against the Attorney General of the United States and officers and executives of the Department of Homeland Security, the Department of Health and Human Services, and Immigration and Customs Enforcement under the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.) and the Declaratory Judgment Act (22 U.S.C. § 2201). Represen…

On June 27, 2018, a refugee from Guatemala filed this lawsuit on behalf of herself and her daughter in the United States District Court for the District of Massachusetts against the Attorney General of the United States and officers and executives of the Department of Homeland Security, the Department of Health and Human Services, and Immigration and Customs Enforcement under the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.) and the Declaratory Judgment Act (22 U.S.C. § 2201). Represented by the ACLU of Massachusetts and private counsel, the plaintiff sought injunctive and declaratory relief, along with attorney’s fees. The plaintiff alleged that she and her daughter had been separated upon their entry to the United States in violation of their Fifth Amendment substantive and procedural due process rights and their equal protection rights. Additionally, the plaintiff alleged that the Office of Refugee Resettlement’s family reunification requirements violated the Administrative Procedure Act, and that the Department of Health and Human Services had violated the Flores Settlement’s requirements regarding immigrant detention. See Flores v. Reno. Finally, the plaintiff filed petitions for mandamus and habeas relief for the defendants to release her daughter.

The plaintiff brought the case in Massachusetts, where she was domiciled as she awaited her asylum hearing, while her daughter was kept in a shelter in Texas. The case was assigned to Judge George A. O’Toole.

The following day, the plaintiff filed an emergency motion for a temporary restraining order for immediate injunctive relief, asking the court to order the release of the daughter. A copy of the motion was promptly sent to the defendants, who were ordered to respond by July 2, 2018. The defendants requested, and were granted, an extension until July 6. Rather than take advantage of the extension, the defendants decided to release her daughter. The plaintiff voluntarily dismissed the case on July 5, 2018 after she and her daughter were reunited. The case is now closed.

Summary Authors

Elizabeth Helpling (10/29/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7296850/parties/gonzalez-garcia-v-sessions/


Judge(s)

O'Toole, George A. Jr. (Massachusetts)

Attorneys(s) for Plaintiff

Church, Susan (Massachusetts)

Lafaille, Adriana (Massachusetts)

Lippman, Julia A.C. (Massachusetts)

Rauseo-Ricupero, Ronaldo (Massachusetts)

Segal, Matthew (Massachusetts)

Yountz, Heather (Massachusetts)

Attorneys(s) for Defendant

Farquhar, Rayford A. (Massachusetts)

Piemonte-Stacy, Eve (Massachusetts)

Judge(s)

O'Toole, George A. Jr. (Massachusetts)

Attorneys(s) for Plaintiff

Church, Susan (Massachusetts)

Lafaille, Adriana (Massachusetts)

Lippman, Julia A.C. (Massachusetts)

Rauseo-Ricupero, Ronaldo (Massachusetts)

Segal, Matthew (Massachusetts)

Yountz, Heather (Massachusetts)

Attorneys(s) for Defendant

Farquhar, Rayford A. (Massachusetts)

Piemonte-Stacy, Eve (Massachusetts)

Documents in the Clearinghouse

Document

1:18-cv-11340

Docket [PACER]

July 5, 2018

July 5, 2018

Docket
2

1:18-cv-11340

Emergency Motion for Temporary Restraining Order and Preliminary Injunction

June 27, 2018

June 27, 2018

Pleading / Motion / Brief
1

1:18-cv-11340

Complaint

June 27, 2018

June 27, 2018

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7296850/gonzalez-garcia-v-sessions/

Last updated Aug. 6, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
9

NOTICE of Appearance by Susan B. Church on behalf of Angelica Rebeca Gonzalez-Garcia (Church, Susan) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
8

Online access to documents in this case is limited to counsel of record only. All documents are available for review in the Office of the Clerk. Counsel of record: please note that you will need to log into CM/ECF to access any documents in this case. (Jones, Sherry) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
7

Summons Issued as to Alex Azar, Patrick Contreras, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, Southwest Key Programs. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
6

ELECTRONIC NOTICE of Case Assignment. Judge George A. OToole, Jr assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (McKillop, Matthew) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
5

AFFIDAVIT of Susan B. Church in Support re 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Angelica Rebeca Gonzalez-Garcia, S. K.. (Rauseo-Ricupero, Ronaldo) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
4

AFFIDAVIT of Angelica Gonzalez-Garcia in Support re 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Angelica Rebeca Gonzalez-Garcia, S. K.. (Rauseo-Ricupero, Ronaldo) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

RECAP
3

MEMORANDUM in Support re 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Angelica Rebeca Gonzalez-Garcia, S. K.. (Rauseo-Ricupero, Ronaldo) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

RECAP
2

Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Angelica Rebeca Gonzalez-Garcia, S. K.. (Attachments: # 1 Text of Proposed Order)(Rauseo-Ricupero, Ronaldo) (Entered: 06/27/2018)

1 Text of Proposed Order

View on PACER

June 27, 2018

June 27, 2018

PACER
1

COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7204876 (Fee Status: Filing Fee paid), filed by Angelica Rebeca Gonzalez-Garcia, S. K.. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Rauseo-Ricupero, Ronaldo) (Entered: 06/27/2018)

1 Civil Cover Sheet

View on PACER

2 Category Form

View on PACER

June 27, 2018

June 27, 2018

RECAP
13

Joint MOTION for Extension of Time to July 6, 2018 to File Defendants' Response to Motion by Angelica Rebeca Gonzalez-Garcia, S. K..(Rauseo-Ricupero, Ronaldo) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

RECAP
12

NOTICE of Appearance by Eve A. Piemonte on behalf of Alex Azar, Patrick Contreras, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, (Piemonte, Eve) (Main Document 12 replaced on 6/29/2018) (Halley, Taylor). (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

RECAP
11

NOTICE of Appearance by Rayford A. Farquhar on behalf of Alex Azar, Patrick Contreras, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, (Farquhar, Rayford) (Main Document 11 replaced on 6/29/2018) (Halley, Taylor). (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

RECAP
10

Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered. The Clerk of this Court shall immediately serve an electronic copy of the complaint, emergency motion, and materials in support of the motion upon the respondents and the United States Attorney for the District of Massachusetts. The respondent shall respond to the motion no later than 6:00 p.m. on July 2, 2018 (Halley, Taylor) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
14

Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered granting 13 Motion for Extension of Time to July 6, 2018 to File Defendants' Response to Motion (Halley, Taylor) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
15

NOTICE of Appearance by Heather Yountz on behalf of Angelica Rebeca Gonzalez-Garcia, S. K. (Yountz, Heather) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

RECAP
16

NOTICE of Voluntary Dismissal by Angelica Rebeca Gonzalez-Garcia, S. K. (Rauseo-Ricupero, Ronaldo) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

RECAP

Case Details

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 27, 2018

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Asylum-seeker from Guatemala who fled to Arizona with her seven-year-old daughter, who was then separated from her and detained for a prolonged period despite repeated pleas for reunification.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Southwest Key Programs, Non-profit or advocacy

Attorney General of the United States, Federal

Office of Refugee Resettlement, Federal

U.S. Immigration and Customs Enforcement, Federal

U.S. Customs and Border Protection, Federal

Case Details

Causes of Action:

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

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

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

Mandamus, 28 U.S.C. § 1361

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)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Source of Relief:

None

Issues

General:

Family reunification

Habeas Corpus

Juveniles

Placement in shelters

Youth / Adult separation

Discrimination-basis:

Immigration status

Type of Facility:

Government-run

Non-government non-profit

Immigration/Border:

Constitutional rights

Detention - criteria

Family Separation

Refugees