Case: Diouf v. Napolitano

2:06-cv-07452 | U.S. District Court for the Central District of California

Filed Date: Nov. 21, 2006

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On November 21, 2006, a Senegalese immigrant** detained in the custody of Immigration and Customs Enforcement (ICE) petitioned the U.S. District Court for the Central District of California for a writ of habeas corpus. Represented by the ACLU of California and its Immigrants' Rights Project as well as Stanford Law School's Immigration Clinic, he sought a preliminary injunction ordering his immediate release on the grounds that his lengthy detention violated 8 U.S.C. § 1226(a) and the Due Proces…

On November 21, 2006, a Senegalese immigrant** detained in the custody of Immigration and Customs Enforcement (ICE) petitioned the U.S. District Court for the Central District of California for a writ of habeas corpus. Represented by the ACLU of California and its Immigrants' Rights Project as well as Stanford Law School's Immigration Clinic, he sought a preliminary injunction ordering his immediate release on the grounds that his lengthy detention violated 8 U.S.C. § 1226(a) and the Due Process Clause of the Fifth Amendment. As an alternative to immediate release, the plaintiff requested a preliminary injunction ordering an immigration judge to hold a hearing at which the government would have the burden of justifying his detention. This habeas petition was filed pursuant to 28 U.S.C. § 2241. The case was assigned to Judge Terry J. Hatter, Jr. and Magistrate Judge Fernando M. Olguin.

At the time this complaint was filed in November 2006, the plaintiff had been detained in ICE custody for 18 months without a bond hearing. He has a long and complex immigration history, beginning from his entry on a student visa which he overstayed. In January 2003, Immigration and Naturalization Services (INS) whose functions were transferred to the Department of Homeland Security (DHS) in March 2003, initiated removal proceedings against him. Several months later, an Immigration Judge (IJ) ordered him to voluntarily depart the United States by June 24, 2003 or be subject to deportation to Senegal. Because he failed to depart by that date, the IJ's alternative order, a removal order to Senegal, took effect. In March 2005, ICE apprehended the plaintiff and detained him pending execution of his removal order. He moved to reopen those proceedings based on his marriage to a U.S. citizen and ineffective assistance of counsel in his initial IJ proceedings. The IJ denied his motion to reopen, and that decision was affirmed by the Board of Immigration Appeals (BIA). In July 2005 and July 2006, ICE conducted post custody reviews in which they concluded that the plaintiff's ongoing detention remained justified because he was allegedly a flight risk.

On January 4, 2007, the district court granted a preliminary injunction requiring a bond hearing before an IJ. Pursuant to the injunction, the IJ conducted a hearing on February 9, 2007 to determine whether the plaintiff’s prolonged detention remained justified. After receiving evidence from both sides, the IJ ruled that the plaintiff did not present a sufficient danger to the community or risk of flight to justify the detention, which by then had extended over 22 months. Accordingly, on the same date, the IJ ordered that he be released on bond.

The government appealed the preliminary injunction order to the Ninth Circuit, while the habeas petition remained pending in the district court.

Meanwhile, the parties appeared for oral argument before the Magistrate Judge on November 14, 2007. On December 19, 2007, Magistrate Judge Olguin issued a Report and Recommendation that the plaintiff's continued detention (up until his release in February 2007) was not authorized by statute and that he was, in fact, entitled to release, disagreeing with the government's arguments that the plaintiff was a flight risk. On February 6, 2008, Judge Hatter adopted the magistrate judge's findings, conclusions, and recommendations, and issued a judgment granting the plaintiff's habeas petition under the conditions already imposed by the Immigration Judge. The government also appealed this decision to the Ninth Circuit.

In September 2008, the Ninth Circuit vacated the preliminary injunction and remanded the case to the district court. Diouf v. Mukasey, 542 F.3d 1222 (9th Cir. 2008), also known as Diouf I. First, they held that at the time the plaintiff filed his habeas petition, he was detained under 8 U.S.C. § 1231(a)(6), not § 1226(a), as the plaintiff and the district court had erroneously assumed. Second, they held that the plaintiff's detention was authorized by statute because, although it was prolonged, it was not indefinite. Detention is indefinite only if there is “good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future.” Third, they held that the injunction constituted an abuse of discretion because it relied on the erroneous premise that the plaintiff was being detained under § 1226(a).

The plaintiff then filed a petition for rehearing en banc before the Ninth Circuit. On April 27, 2009, the Ninth Circuit issued an order denying that petition, because the justices had unanimously voted against rehearing. The Ninth Circuit remanded the case to the district court to determine whether § 1231(a)(6) requires that non-citizens detained pursuant to that authority be given a bond hearing, whether the Due Process Clause requires a bond hearing, and whether the ICE post-custody reviews the plaintiffs received satisfy the Due Process Clause. The plaintiff remained free on bond during this period, although ICE had the authority to detain him again.

On remand, Judge Hatter denied the habeas petition on May 18, 2009 to conform with the Ninth Circuit's decision. In August 2009, the parties each filed briefs regarding the plaintiff's preliminary injunction request. On September 9, 2009, Judge Hatter denied the preliminary injunction, concluding that procedural due process did not entitle individuals facing prolonged detention under § 1231(a)(6) to a bond hearing. He reasoned that the plaintiff had already received adequate due process via ICE's two post-order custody reviews and that the government's decision to detain the plaintiff for nearly two years was not in violation of due process because of the plaintiff's likelihood of his future deportation and other concerns. On October 19, 2009, Judge Hatter denied the plaintiff's motion for reconsideration.

On November 9, 2009, the plaintiff appealed the preliminary injunction denial to the Ninth Circuit. As of March 9, 2010, the parties completed briefing as ordered.

On September 20, 2010, the Ninth Circuit ordered the parties to submit supplemental briefing on whether the court had jurisdiction over the individualized bond hearing issue raised in the preliminary injunction claim. They noted that this was unclear since the plaintiff was no longer detained, nor had he been re-detained or denied a bond hearing since their 2008 decision in Diouf I. On September 27, 2010, the Court denied the plaintiff's motion to introduce two governmental reports regarding ICE's non-compliance with post order custody reviews, finding that this case did not merit an exception to the general rule that they not consider evidence that was not presented to the district court.

On March 7, 2011, the 9th Circuit reversed the district court's denial of the plaintiff's motion for a preliminary injunction. Diouf v. Napolitano, 634 F.3d 1081 (9th Cir. 2011), also known as Diouf II. In a published decision, the Court held that an individual facing prolonged immigration detention under 8 U.S.C. § 1231(a)(6) is entitled to release on bond unless the government establishes that he is a flight risk or a danger to the community. As such, the Court ordered that non-citizens detained for over 6 months pursuant to 8 U.S.C. § 1231(a)(6) are entitled to an individualized bond hearing. The Court held that prolonged detention without adequate procedural safeguards raised serious constitutional concerns. They adopted the following definition of prolonged detention: "When detention crosses the six-month threshold and release or removal is not imminent, the private interests at stake are profound. Furthermore, the risk of an erroneous deprivation of liberty in the absence of a hearing before a neutral decisionmaker is substantial. The burden imposed on the government by requiring hearings before an immigration judge at this stage of the proceedings is therefore a reasonable one."

The government filed a petition for rehearing en banc before the Ninth Circuit, which was denied on September 28, 2011, as no judge voted for rehearing.

On remand, the parties sought several postponements due to settlement negotiations. On March 23, 2012, the parties jointly moved for final judgment, agreeing that the plaintiff had achieved the remedy sought through his habeas petition. On April 18, 2012, Judge Hatter ordered that the plaintiff should remain released under the terms of the immigration judge's 2007 order absent changed circumstances. It also ordered that the government would have to provide the plaintiff with a bond hearing in accordance with Diouf II if they ever detained him again. On December 13, 2012, the parties informed the court that they had settled regarding the plaintiff's motion for attorney's fees.

As of February 25, 2013, the case is closed.

**In a separate proceeding, the Ninth Circuit granted the plaintiff a stay of removal. Diouf v. Clement, No. 06-71922 (9th Cir. filed April 13, 2006). On June 19, 2007, the ACLU of Southern California brought a class action suit with the plaintiff in this case as the named plaintiff, seeking to stop ICE's practice of forcibly drugging people facing deportation. In January 2008, ICE changed its policy, issuing a memo that a court order is required before they may forcibly administer drugs on anyone in their custody. That case is available here in this Clearinghouse.

Summary Authors

Veronica Portillo Heap (11/11/2018)

Related Cases

Diouf v. Chertoff, Central District of California (2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5707956/parties/amadou-lamine-diouf-v-michael-b-mukasey/


Judge(s)

Hatter, Terry J. Jr. (California)

Olguin, Fernando Manzano (California)

Attorneys(s) for Plaintiff

Almadani, Monica Marie-Ramirez (California)

Arulanantham, Ahilan T (California)

Bibring, Peter (California)

Eliasberg, Peter J. (California)

Kaufman, Michael Bryan (California)

Natarajan, Ranjana (Texas)

Rabinovitz, Judy (New York)

Srikantiah, Jayashri (California)

Judge(s)

Hatter, Terry J. Jr. (California)

Olguin, Fernando Manzano (California)

Attorneys(s) for Plaintiff

Almadani, Monica Marie-Ramirez (California)

Arulanantham, Ahilan T (California)

Bibring, Peter (California)

Eliasberg, Peter J. (California)

Kaufman, Michael Bryan (California)

Natarajan, Ranjana (Texas)

Rabinovitz, Judy (New York)

Srikantiah, Jayashri (California)

Wang, Cecillia D (California)

Attorneys(s) for Defendant

Atkinson, Theodore W (District of Columbia)

Juncaj, Gjon (District of Columbia)

Lester, Robert I (Arizona)

Prairie, Nicole Rogers (District of Columbia)

Documents in the Clearinghouse

Document

2:06-cv-07452

Docket [Pacer]

Feb. 25, 2013

Feb. 25, 2013

Docket
17

2:06-cv-07452

Order Granting Motion for Preliminary Injunction

Diouf v. Gonzales

Jan. 4, 2007

Jan. 4, 2007

Order/Opinion
46

2:06-cv-07452

Report and Recommendation of United States Magistrate Judge

Diouf v. Mukasey

Dec. 19, 2007

Dec. 19, 2007

Magistrate Report/Recommendation
6649497

08-55504

Opinion

Diouf v. Mukasey

U. S. Court of Appeals for the Ninth Circuit

542 F.3d 1222

Sept. 18, 2008

Sept. 18, 2008

Order/Opinion
74

2:06-cv-07452

Order

Diouf v. Holder

2009 WL 6331130

Sept. 9, 2009

Sept. 9, 2009

Order/Opinion
7495619

09-56774

Opinion

U. S. Court of Appeals for the Ninth Circuit

Oct. 4, 2010

Oct. 4, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5707956/amadou-lamine-diouf-v-michael-b-mukasey/

Last updated Aug. 2, 2022, 3:26 a.m.

ECF Number Description Date Link Date / Link
52

ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Terry J. Hatter, Jr. IT IS ORDERED THAT: Judgment shall be entered granting the Petition and ordering petitioner released on the conditions already imposed by the immigration Judge's Order dated February 9, 2007. The Clerk shall serve copies of this Order and the Judgment herein on the parties. (mr) .

Feb. 6, 2008

Feb. 6, 2008

RECAP
1

PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge Stephen V. Wilson and referred to Magistrate Judge Fernando M. Olguin.(Filing fee $ 5) , filed by petitioner Amadou Lamine Diouf.(rrey, ) (Entered: 11/30/2006)

Nov. 21, 2006

Nov. 21, 2006

53

JUDGMENT by Judge Terry J. Hatter Jr, Related to: R&R Adopting Report and Recommendations, 52 . IT IS ADJUDGED that the Petition is granted and petitioner shall be released on the conditions already imposed by the Immigration Judge's Order dated February 9, 2007.(MD JS-6, Case Terminated). (mr)

Feb. 6, 2008

Feb. 6, 2008

RECAP
2

NOTICE of Interested Parties filed by Petitioner Amadou Lamine Diouf. (rrey, ) (Entered: 11/30/2006)

Nov. 21, 2006

Nov. 21, 2006

3

NOTICE OF MOTION AND MOTION for Preliminary Injunction filed by petitioner Amadou Lamine Diouf. Lodged proposed order. (rrey, ) (Entered: 11/30/2006)

Nov. 21, 2006

Nov. 21, 2006

4

MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION for Preliminary Injunction 3 filed by petitioner Amadou Lamine Diouf. (rrey, ) (Entered: 11/30/2006)

Nov. 21, 2006

Nov. 21, 2006

Motions No Longer Referred: MOTION for Preliminary Injunction 3 (vdr, ) (Entered: 12/07/2006)

Dec. 1, 2006

Dec. 1, 2006

6

ORDER TO REASSIGN CASE PURSUANT TO Section 5.4 of General Order 224 by Judge John F. Walter, Chair of the Case Management and Assignment Committee, all related Indefinite Detention cases are assigned to Judge Terry J. Hatter, Jr. The case number will now read as follows: CV 06−7452 TJH (FMO). The Related Group Control Case Number is: CV 06−7452 TJH (FMO).(rn, ) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

Judge Terry J. Hatter, Jr added. Judge Stephen V. Wilson no longer assigned to case. (rn, ) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

7

MINUTES held before Judge Terry J. Hatter Jr: Thew court haveing read and considered said motion hereby orders defendants to file any opposition to the above reference motion no later than 12/18/2006 and plaintiff−Petitioner to file a reply if any to the opposition no later than 12/26/2006. Court Reporter: Not Reported. (yc, ) (Entered: 12/12/2006)

Dec. 11, 2006

Dec. 11, 2006

12

PROOF OF SERVICE filed by petitioner Amadou Lamine Diouf, re MOTION for Preliminary Injunction 3 , Memorandum in Support of Motion 4 , Notice of Related Case(s) 5 , Certificate of Interested Parties 2 , was served on 11/27/2006. (yc, ) (Entered: 12/21/2006)

Dec. 11, 2006

Dec. 11, 2006

8

ORDER REQUIRING RETURN TO PETITION FOR WRIT OF HABEAS CORPUS by Judge Fernando M. Olguin, re Petition (2241) 1 . Respondent shall serve and file a Notice of Appearance no later than December 27, 2006. Respondent shall file a single Motion to Dismiss no later than thirty (30) days from the filing date of this Order. Respondent shall serve and file a Return to the Petition no later than February 12, 2007. Petitioner shall serve and file a Reply to the Return no later than April 13, 2007.(vdr, ) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

9

NOTICE of Appearance filed by Attorney Robert I Lester on behalf of Respondents.(vdr, ) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

10

EX PARTE APPLICATION for Order Directing Respondents to Comply With Court−Ordered Filing Deadlines filed by Petitioner Amadou Lamine Diouf.Lodged Proposed Order.(vdr, ) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

11

DECLARATION of Ahilan T. Arulanantham re EX PARTE APPLICATION for Order Directing Respondents to Comply With Court−Ordered Filing Deadlines 10 filed by Petitioner Amadou Lamine Diouf. (vdr, ) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

MOTIONS EX PARTE APPLICATION for Order Directing Respondents to Comply With Court−Ordered Filing Deadlines 10 . REFERRED to District Judge Hatter. (vdr, ) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

18

OPPOSITION to Diouf MOTION for a Preliminary Injunction 3 filed by respondents Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, George Molinar, Stuart Cortez. (jp) (Entered: 01/13/2007)

Dec. 19, 2006

Dec. 19, 2006

19

OPPOSITION to Diouf EX PARTE APPLICATION filed on or about December 19, 2006 14 filed by respondents Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, George Molinar, Stuart Cortez. (jp) (Entered: 01/13/2007)

Dec. 20, 2006

Dec. 20, 2006

13

ORDER by Judge Terry J. Hatter Jr, granting petitioner ex parte application for order directing respondents to comply with court oredered filin deadlines is DENIED.(yc, ) (Entered: 12/27/2006)

Dec. 21, 2006

Dec. 21, 2006

14

EX PARTE APPLICATION for Leave to file supplemental opposition fo Dioufs motion for preliminary injunction; memorandum; declaration filed by defendants−respondents Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, George Molinar, Stuart Cortez. Lodged order (lc, ) Modified on 12/28/2006 (lc, ). (Entered: 12/28/2006)

Dec. 21, 2006

Dec. 21, 2006

15

ORDER by Judge Terry J. Hatter Jr granting defendants EX PARTE APPLICATION for Leave to file supplemental opposition to Dioufs motion for preliminary injunction 14 (lc, ) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

16

SUPPLEMENTAL OPPOSITION to MOTION for Preliminary Injunction 3 filed by defendants Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, George Molinar, Stuart Cortez. (lc, ) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

17

ORDER Granting motion for preliminary injunction by Judge Terry J. Hatter Jr,(bp, ) (Entered: 01/05/2007)

Jan. 4, 2007

Jan. 4, 2007

21

PETITIONER'S UNOPPOSED REQUEST to Enlarge Time Due to Health Issues filed by Petitioner Amadou Lamine Diouf.Lodged Proposed Order. (vdr, ) (Entered: 01/30/2007)

Jan. 30, 2007

Jan. 30, 2007

22

ORDER by Judge Terry J. Hatter Jr GRANTING REQUEST to Enlarge Time Due to Health Issues 21 . For the reasons set forth in Petitioner Motion to Enlarge time Due to Health Issues, the Court hereby EXTENDS the time during which the government must hold a hearing pursuant to this Order of January 5, 2007 granting Petitioner Motion for a Preliminary Injunction in this case. The government must hold the hearing as described in that order by no later than 2/9/2007. (jp) (Entered: 02/02/2007)

Jan. 31, 2007

Jan. 31, 2007

23

PETITIONER'S EX PARTE APPLICATION for Order Directing Immigration Court to Create Transcript of Petitioner's Hearing re Continued Detention; Memorandum of Points and Authorities; Declaration and Exhibit in Support Thereof filed by Petitioner Amadou Lamine Diouf.Lodged Proposed Order.(vdr, ) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

24

ORDER by Judge Terry J. Hatter Jr, re EX PARTE APPLICATION for Order for Directing Immigration Court to Create Transcript 23 is DENIED.(see file)(yc, ) (Entered: 02/06/2007)

Feb. 2, 2007

Feb. 2, 2007

25

OPPOSITION to EX PARTE APPLICATION for Order for Directing Immigration Court to Create Transcript 23 filed by defendant Stuart Cortez. (yc, ) (Entered: 02/12/2007)

Feb. 2, 2007

Feb. 2, 2007

26

UNOPPOSED EX PARTE APPLICATION FOR AN ORDER EXTENDING TIME to File Return to Petition for Writ of Habeas Corpus; Memorandum of Points and Authorities; Declaration filed by Respondents.Lodged Proposed Order.(vdr, ) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

27

ORDER by Judge Fernando M. Olguin, granting EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File 26 . Respondents' time to file a Return is extended to February 28, 2007. Petitioner shall file a Reply by March 30, 2007.(vdr, ) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

28

RETURN to Petition for Writ of Habeas Corpus (2241) 1 filed by Defendant−Respondents.(vdr, ) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

29

NOTICE OF APPEAL to 9th CCA filed by Defendants−Respondents Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, George Molinar, Stuart Cortez. Appeal of Order 17 Filed On: 1/4/07; Entered On: 1/5/07; Appeal fee Waived. cc: Robert I. Lester, Assistant United States Attorney; Peter J. Eliasberg. (car, ) (Entered: 03/06/2007)

March 2, 2007

March 2, 2007

30

REPRESENTATION STATEMENT re Appeal to Circuit Court, 29 . (car, ) (Entered: 03/06/2007)

March 2, 2007

March 2, 2007

Civil Appeals Docketing Statement received from Defendant−Respondents Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, George Molinar, Stuart Cortez forwarded to 9th CCA. RE: Appeal to Circuit Court, 29 (car, ) (Entered: 03/06/2007)

March 2, 2007

March 2, 2007

31

CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court, 29 filed by Alberto Gonzales, Norma Bonales−Garibay, Michael Chertoff, George Molinar, Julie L Myers, Stuart Cortez (car, ) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

32

NOTIFICATION by Circuit Court of Appellate Docket Number 07−55337, 9th CCA regarding Appeal to Circuit Court, 29 filed by Alberto Gonzales,, Norma Bonales−Garibay,, Michael Chertoff,, George Molinar,, Julie L Myers,, Stuart Cortez,. (car, ) (Entered: 03/22/2007)

March 22, 2007

March 22, 2007

34

NOTICE filed by petitioner Amadou Lamine Diouf that he has been released from immigration detention. (yc, ) (Entered: 03/31/2007)

March 27, 2007

March 27, 2007

33

TRAVERSE to Petition for Writ of Habeas Corpus (2241) 1 filed by Petitioner Amadou Lamine Diouf.(vdr, ) (Entered: 03/29/2007)

March 29, 2007

March 29, 2007

35

SUPPLEMENTAL MEMORANDUM of Points and Authorities in Support of Petition for Writ of Habeas Corpus (2241) 1 . Lodged Proposed Order.(vdr, ) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

36

SUPPLEMENTAL AUTHORITY IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS filed by Petitioner Amadou Lamine Diouf.(vdr) (Entered: 08/30/2007)

Aug. 22, 2007

Aug. 22, 2007

38

REQUEST for Decision filed by Petitioner Amadou Lamine Diouf.(vdr) (Entered: 09/28/2007)

Sept. 24, 2007

Sept. 24, 2007

37

ORDER by Judge Fernando M. Olguin. Counsel for the parties shall appear for oral argument on November 14, 2007 at 10:00 AM before Magistrate Judge Fernando M. Olguin. Petitioner's Request for Decision, filed on September 24, 2007, is denied without prejudice.(vdr) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

39

STIPULATION AND ORDER TO CONTINUE HEARING, approved by Judge Fernando M. Olguin. Oral Argument is reset to 12/5/2007 at 10:00 AM before Magistrate Judge Fernando M. Olguin. (vdr) (Entered: 11/16/2007)

Nov. 16, 2007

Nov. 16, 2007

40

MINUTES OF ORAL ARGUMENT held before Judge Fernando M. Olguin. No later than December 7, 2007, petitioner's counsel shall file a Supplemental Memorandum Re: New Authority. Court Smart: CS 12/5/07. (vdr) (Entered: 12/05/2007)

Dec. 5, 2007

Dec. 5, 2007

41

RECORD ON APPEAL sent to Circuit Court re: Appeal number, 07−55337; Record consists of 3 volumes; re Appeal to 9th Circuit Court of Appeals, 29 (lr) (Entered: 12/12/2007)

Dec. 7, 2007

Dec. 7, 2007

42

SUPPLEMENTAL MEMORANDUM REGARDING ADDITIONAL LEGAL AUTHORITY filed by Petitioner Amadou Lamine Diouf. (vdr) (Entered: 12/14/2007)

Dec. 7, 2007

Dec. 7, 2007

43

NOTICE OF ERRATUM filed by Petitioner Amadou Lamine Diouf, correcting Supplemental Memorandum 42 . (vdr) (Entered: 12/14/2007)

Dec. 10, 2007

Dec. 10, 2007

44

TRANSCRIPT filed for proceedings held on 12/05/07 Court Reporter: Exceptional Reporitng Services, Inc.. (ha) (Entered: 12/14/2007)

Dec. 14, 2007

Dec. 14, 2007

45

NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Fernando M. Olguin. Objections to R&R due by 1/4/2008. (Attachments: # 1 Report and Recommendation) (vdr) (Entered: 12/19/2007)

Dec. 19, 2007

Dec. 19, 2007

46

REPORT AND RECOMMENDATION issued by Magistrate Judge Fernando M. Olguin Re: Petition for Writ of Habeas Corpus (2241) 1 . (vdr) (Entered: 12/19/2007)

Dec. 19, 2007

Dec. 19, 2007

47

First EXPARTE APPLICATION for Extension of Time to File Objection to R&R as to Report and Recommendation (Issued) 46 , Notice of Report and Recommendation 45 filed by Respondents Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez. (Attachments: # 1 Declaration Declaration of Robert I. Lester# 2 Declaration Declaration of Gjon Juncaj# 3 Proposed Order Proposed order granting ex parte application)(Lester, Robert) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

48

NOTICE of Change of Attorney Information for attorney Peter Bibring counsel for Petitioner Amadou Lamine Diouf. Adding Peter Bibring as attorney as counsel of record for Amadou Lamine Diouf for the reason indicated in the G−06 Notice. Filed by Plaintiff−Petitioner Amadou Lamine Diouf (Bibring, Peter) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

50

ORDER by Judge Fernando M. Olguin, granting EX PARTE APPLICATION 47 for Extension of Time to File Objection to Report and Recommendation 46 . Respondents shall file their objections by January 14, 2008. (vdr) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

51

OBJECTION to Report and Recommendation (Issued) 46 filed by Respondents Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez.(Lester, Robert) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

54

NOTICE OF APPEAL to the 9th CCA filed by RespondentsMichael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez. FEE WAIVED. (Attachments: # 1 Exhibit Order and Adopted Report & Recommendation# 2 Exhibit Judgment# 3 Exhibit Representation Statement)(Juncaj, Gjon) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

55

NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to 9th Circuit Court of Appeals, 54 as to Respondents Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez. (lr) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals; re: Notice of Appeal to 9th Circuit Court of Appeals, 54 (lr) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

56

NOTICE of Change of Address by Ahilan T Arulanantham attorney for Petitioner Amadou Lamine Diouf, changing address to 1313 West Eighth Street, Los Angeles, CA 90017. Filed by counsel of record Ahilan T. Arulanantham (Arulanantham, Ahilan) (Entered: 04/09/2008)

April 9, 2008

April 9, 2008

57

APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 1 throuugh 3; RE: Appeal Record Sent to USCA (A−26) 41 (car) (Entered: 10/02/2008)

Oct. 2, 2008

Oct. 2, 2008

58

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 29 filed by George Molinar, Michael Chertoff, Norma Bonales−Garibay, Alberto Gonzales, Stuart Cortez, Julie L Myers, Notice of Appeal to 9th Circuit Court of Appeals, 54 filed by George Molinar, Michael Chertoff, Norma Bonales−Garibay, Michael B Mukasey, Stuart Cortez, Julie L Myers, CCA # 07−55337, 08−55504. Petitioner − Appellee's motion to extend time to file a petition for panel rehearing until December 3, 2008 is GRANTED. Order received in this district on 11/13/08. (lr) (Entered: 11/14/2008)

Nov. 13, 2008

Nov. 13, 2008

59

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 29 filed by George Molinar, Michael Chertoff, Norma Bonales−Garibay, Alberto Gonzales, Stuart Cortez, Julie L Myers, Notice of Appeal to 9th Circuit Court of Appeals, 54 filed by George Molinar, Michael Chertoff, Norma Bonales−Garibay, Michael B Mukasey, Stuart Cortez, Julie L Myers, CCA # 07−55337, 08−55504. Respondents − Appellants are directed to file a response to Petitioner − Appellee's Petition for Rehearing En Banc, filed with this court on December 3, 2008. The response shall not exceed 15 pages, shall be filed within 21 days of the date of this order, and Respondent − Appellants shall provide this court with 50 copies of any such response. Order received in this district on 12/24/08. (lr) (Entered: 12/30/2008)

Dec. 24, 2008

Dec. 24, 2008

60

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 29 filed by George Molinar, Michael Chertoff, Norma Bonales−Garibay, Alberto Gonzales, Stuart Cortez, Julie L Myers, Notice of Appeal to 9th Circuit Court of Appeals, 54 filed by George Molinar, Michael Chertoff, Norma Bonales−Garibay, Michael B Mukasey, Stuart Cortez, Julie L Myers, CCA # 07−55337, 08−55507. The panel has unanimously voted to deny Petitioner−Appellee's petition for rehearing. Judge Fisher and M. Smith have voted to deny Petitioner−Appellee's petition for rehearing en banc, and Judge Farris has so recommended. The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on it. Fed. R. App. P. 35. The petition for rehearing and rehearing en banc is DENIED. Order received in this district on 4/27/09. (lr) (Entered: 04/29/2009)

April 27, 2009

April 27, 2009

61

MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 54 , Notice of Appeal to 9th Circuit Court of Appeals, 29 CCA # 08−55504, 07−55337. The Decision of the District Court is REVERSED in part; VACATED and REMANDED in part. Mandate received in this district on 5/06/09. (lr) Modified on 9/23/2010 (lr). (Entered: 05/06/2009)

May 6, 2009

May 6, 2009

63

MINUTES OF IN CHAMBERS−ORDER AND NOTICE TO ALL PARTIES (NON−MOTION) by Judge Terry J. Hatter, Jr. Counsel are hereby notified that the above matter is set the court's calendar for a Status Conference re the Mandate of the 9th CCA, Appeal No. 08−55504 and Appeal No. 07−55337 61 , reversed in part; vacated and remanded in part, set for July 6, 2009 at 10:00 a.m. (Case reopened. MD JS− 5.) (lom) (Entered: 05/26/2009)

May 22, 2009

May 22, 2009

64

MINUTES OF Status Conference re Mandate of the 9th Circuit Court of Appeals, Appeal No. 08−55504 and Appeal No. 07−55337, reversed in part, vacated and remanded in part hearing held before Judge Terry J. Hatter, Jr. Based upon the statements made today on the record, the court hereby sets the following deadlines: Briefing schedule is due August 3, 2009; Replies no later than August 10, 2009; and Further Status Conference September 14, 2009 at 10:00 a.m. Court Recorder: CS 7/6/09. (lom) (Entered: 07/06/2009)

July 6, 2009

July 6, 2009

67

NOTICE of Appearance filed by attorney Nicole Prairie on behalf of Respondents Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez (Prairie, Nicole) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

68

BRIEF filed by Defendant−Respondents Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez. (Attachments: # 1 Exhibit 1−32)(Prairie, Nicole) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

69

BRIEF filed by Plaintiff−Petitioner Amadou Lamine Diouf. Supplemental Brief on 8 U.S.C. 1231 (a)(6) (Arulanantham, Ahilan) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

70

REPLY filed by Respondents Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez to Brief (non−motion non−appeal) 69 (Attachments: # 1 Supplement To Defendant−Respondents Appendix of Exhibits (Exs. 33−34), # 2 Certificate of Service)(Juncaj, Gjon) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

71

BRIEF filed by Plaintiff−Petitioner Amadou Lamine Diouf. Petitioner's Response to Defendant−Respondents' Opening Brief on Remand regarding Brief (non−motion non−appeal) 68 , Reply (non−motion), Reply (non−motion) 70 . (Attachments: # 1 Exhibit Exhibits 17 − 19)(Arulanantham, Ahilan) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

72

NOTICE of Appearance filed by attorney Gjon Juncaj on behalf of Respondents Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez (Juncaj, Gjon) (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

73

MINUTES OF IN CHAMBERS − NOTICE TO ALL PARTIES OF COURT ORDER bt Judge Terry J. Hatter, Jr. On the Court's own motion, the Status Conference hearing date, re Mandate of the 9th Circuit, currently scheduled for September 14, 2009, is hereby ordered continued to September 28, 2009 at 10:00 a.m. (lom) (Entered: 09/09/2009)

Sept. 8, 2009

Sept. 8, 2009

75

NOTICE OF MOTION AND MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) filed by Plaintiff−Petitioner Amadou Lamine Diouf. (Arulanantham, Ahilan) (Entered: 09/23/2009)

Sept. 23, 2009

Sept. 23, 2009

76

NOTICE OF MOTION AND MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) filed by Plaintiff−Petitioner Amadou Lamine Diouf. (Attachments: # 1 Proposed Order)(Arulanantham, Ahilan) (Entered: 09/23/2009)

Sept. 23, 2009

Sept. 23, 2009

77

MINUTES OF IN CHAMBERS − ORDER AND NOTICE TO ALL PARTIES (NON−MOTION) by Judge Terry J. Hatter, Jr. Counsel are hereby notified that a Status Conference hearing re the Mandate of the Ninth Circuit Court of Appeals, Appeal No. 08−55504 and Appeal No. 07−5533, reversed in part; vacated and remanded in part, now has been set for October 19, 2009 at 10:00 a.m., an appearance will be necessary. (lom) (Entered: 09/30/2009)

Sept. 29, 2009

Sept. 29, 2009

78

OPPOSITION opposition re: MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) 76 , MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) 75 filed by Respondents Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez. (Juncaj, Gjon) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

79

REPLY in support of MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) 76 , MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) 75 filed by Petitioner Amadou Lamine Diouf. (Arulanantham, Ahilan) (Entered: 10/09/2009)

Oct. 9, 2009

Oct. 9, 2009

80

ORDER by Judge Terry J. Hatter, Jr denying 75 , 76 Motion for Reconsideration. The Court has considered Petitioner's motion for reconsideration of the Court's order denying his request for a preliminary injunction, together with the moving and opposing papers. It is Ordered that the motion be, and hereby is, Denied. (lom) (Entered: 10/19/2009)

Oct. 19, 2009

Oct. 19, 2009

81

MINUTES OF STATUS CONFERENCE re Mandate of the 9th Circuit Court of Appeal, Appeal No. 08−55504 and Appeal No. 07−55337, reversed in part, vacated and remanded held before Judge Terry J. Hatter, Jr. Based upon the statements made today on the record, the court hereby DENIES the Plaintiff's motion for reconsideration of the court's order denying the request for preliminary injunction, 75 , 76 . Court Recorder: CS 10/19/09. (lom) (Entered: 10/20/2009)

Oct. 19, 2009

Oct. 19, 2009

82

NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff−Petitioner Amadou Lamine Diouf. (Attachments: # 1 Representation Statement, # 2 Order, # 3 Civil Appeals Docketing Statement)(Arulanantham, Ahilan) (Entered: 11/09/2009)

Nov. 9, 2009

Nov. 9, 2009

83

Civil Appeals Docketing Statement received from Plaintiff−Petitioner Amadou Lamine Diouf forwarded to 9th CCA. RE: Notice of Appeal to Federal Circuit Court of Appeals 82 (Arulanantham, Ahilan) (Entered: 11/09/2009)

Nov. 9, 2009

Nov. 9, 2009

86

APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 85 as to Petitioner Amadou Lamine Diouf; Receipt Number: 126001, Paid in the amount of $455. (lr) (Entered: 11/12/2009)

Nov. 9, 2009

Nov. 9, 2009

84

NOTICE OF ERRATA filed by Petitioner Amadou Lamine Diouf. correcting Notice of Appeal to Federal Circuit Court of Appeals 82 (Arulanantham, Ahilan) (Entered: 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

85

NOTICE OF APPEAL to the 9th CCA filed by Plaintiff−Petitioner Amadou Lamine Diouf. (Attachments: # 1 Representation Statement, # 2 Order, # 3 Civil Docketing Statement)(Arulanantham, Ahilan) (Entered: 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

88

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 85 filed by Amadou Lamine Diouf, CCA # 09−56774. Order received in this district on 2/12/10. This is a preliminary injunction appeal. Appellees' unopposed second motion for enlargement of time to file the answering brief is granted. Answering brief is due February 19, 2010. Optional reply brief is due within 14 days after service of the answering brief. (cbr) (Entered: 02/16/2010)

Feb. 12, 2010

Feb. 12, 2010

92

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 85 filed by Amadou Lamine Diouf, CCA # 09−56774. A review of the briefing and the record indicates that this is not a preliminary injunction appeal. Briefing is completed. Order received in this district on 9/20/2010. (lr) (Entered: 09/23/2010)

March 9, 2010

March 9, 2010

93

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 85 filed by Amadou Lamine Diouf, CCA # 09−56774. The Secretary's motion to strike and all related filings shall be referred to the merits panel resolution. Order received in this district on 9/20/2010. (lr) (Entered: 09/23/2010)

April 26, 2010

April 26, 2010

89

RECORD ON APPEAL sent to Circuit Court re: Appeal number, 09−56774 Record consists of 3 volumes re Notice of Appeal to 9th Circuit Court of Appeals 85 (lr) (Entered: 08/30/2010)

Aug. 26, 2010

Aug. 26, 2010

94

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 85 filed by Amadou Lamine Diouf, CCA # 09−56774. This court's jurisdiction over this appeal is not clear. The issue presented is whether aliens subjected to prolonged detention under 8 U.S.C. 1231(a)(6) are entitled to an individualized bond hearing. Petitioner−Appellant Amadou Lamine Diouf, however, is no longer detained; nor has he been redetained and denied a bond hearing. These circumstances raise questions of both mootness and ripeness that we are required to raise sua sponte. See WMX Techs, Inc. v. Miller, 104 F.3d 1133, 1135 (9th Cir. 1977)(en banc)( Although the parties did not raise the question of our jurisdiction, we have raised it sua sponte, as we must.); see also Gator.com Corp. v. L.L. Bean, Inc. 398 F.3d 1125, 1128−29(9th Cir. 2005)(en banc)( For a case to fall within the parameters of our limited judicial power, it is not enough that there may have been a live controversy when the case was decided by court whose judgment we are reviewing. Rather, Article III requires that a live controversy persist throughout all stages of the litigation.)(internal quotation marks and citation omitted); Portman v. County of Santa Clara, 995 F.2d 898, 902 (9th Cir. 1993)[T]he ripeness doctrine seeks to separate matters that are premature for review because the injury is speculative and may never occur from those cases that are appropriate for federal court action. (quoting Chemerinksy, Federal Jurisdicton 99(1989)) (internal quotation marks omitted). The parties therefore are ordered to submit supplemental briefs addressing this court's jurisdiction. These supplemental briefs shall be no longer than 10 pages or 2,800 words and shall be submitted no later than 7 days after the entry of this order. Parties who are registered for ECF must file the supplemental brief electronically without submission of paper copies. Parties who are not registered ECF filers must file the original supplemental brief plus 15 paper copies. Order received in this district on 9/20/2010. (lr) (Entered: 09/23/2010)

Sept. 20, 2010

Sept. 20, 2010

90

TRANSCRIPT for proceedings held on 10/19/09; 11:10 AM. Court Reporter/Electronic Court Recorder: ECHO REPORTING, INC., phone number (858) 453−7590. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/13/2010. Redacted Transcript Deadline set for 10/23/2010. Release of Transcript Restriction set for 12/21/2010. (mw) (Entered: 09/22/2010)

Sept. 22, 2010

Sept. 22, 2010

91

NOTICE OF FILING TRANSCRIPT filed for proceedings 10/19/09: 11:10 AM (mw) (Entered: 09/22/2010)

Sept. 22, 2010

Sept. 22, 2010

95

TRANSCRIPT for proceedings held on 7/6/2009; 10:05 AM. Court Reporter/Electronic Court Recorder: ECHO REPORTING, INC., phone number (858) 453−7590. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Intent to Redact due within 7 days of this date. Redaction Request due 10/15/2010. Redacted Transcript Deadline set for 10/25/2010. Release of Transcript Restriction set for 12/23/2010. (mw) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

96

NOTICE OF FILING TRANSCRIPT filed for proceedings 7/6/2009; 10:05 AM (mw) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

103

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 85 filed by Amadou Lamine Diouf, CCA # 09−56774. Diouf's motion to file a substitute reply brief for the purpose of citing two government report addressing the Department of Homeland Security's compliance or noncompliance with post−order custody review regulations is construed as a motion to introduce new evidence not included in the district court record. We ordinarily do not consider evidence not presented to the district court. See United States v. $22,474.00 in U.S. Currency, 246 F. 3 1212, 1218(9th Cir. 2001). Diouf's motion, filed March 25, 2010, is therefore DENIED. A party may permissibly submit supplemental authorities to the court. See Fed. R. App. P. 28(j). Assuming Diouf can establish that these reports are offered as legal authorities rather than as new evidence their submission under Rule 28(j) would be permissible. Diouf's motion accordingly is denied without prejudice to whether the government reports could be resubmitted as supplemental authorities, a question upon which we express no opinion at this time. See Trans−Sterling, Inc. v. Bible, 804 F.2d 525, 528 (9th Cir. 1986)(Rule 28(j) permits a party to bring new authorities to the attention of the court; it is not designed to bring new evidence through the back door). National Immigrant Justice Center's December 28, 2009 motion to file an amicus brief is GRANTED. The clerk shall file the brief. Diouf's unopposed, March 25, 2010 motion to withdraw his March 9, 2010 motion to take judicial notice of Appendices I and II of the reply brief is GRANTED. The government's unopposed, March 15, 2010 motion to strike Appendices I and II from that reply brief is GRANTED. The government's March 31, 2010 motion to strike the new evidence offered in Diouf's March 25, 2010 motion to file a substitute reply brief is DENIED AS MOOT. Order received in this district on 4/14/2011. (lr) (Entered: 04/18/2011)

Sept. 27, 2010

Sept. 27, 2010

104

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 85 filed by Amadou Lamine Diouf, CCA # 09−56774. The supplemental brief submitted on September 27, 2010 is filed. Order received in this district on 4/14/2011. (lr) (Entered: 04/18/2011)

Sept. 28, 2010

Sept. 28, 2010

105

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 85 filed by Amadou Lamine Diouf, CCA # 09−56774. The Corrected Supplemental Brief Concerning Jusrisdiction lodged by Appellees on September 28, 2010(Dkt. 47), is accepted for filing. The clerk shall file the brief. The court will disregarded the brief submitted by Appellees on September 27, 2010(Dkt. 46). Order received in this district on 4/14/2011. (lr) (Entered: 04/18/2011)

Sept. 28, 2010

Sept. 28, 2010

97

MINUTES IN CHAMBERS−ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr. Counsel are hereby notified that the above matter is set on the Court's calendar on April 4, 2011 at 10:00 a.m. for Status Conference re the March 7, 2011 Opinion of the 9th Circuit Court of Appeal, Appeal No. 09−56774, reversed and remanding the order re Petitioner's motion for preliminary injunction. (lom) (Entered: 03/21/2011)

March 18, 2011

March 18, 2011

98

MINUTES IN CHAMBERS−ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr. Counsel are hereby notified that pursuant to the March 18, 2011 97 this case is hereby reopened. (Case reopened. MD JS−5.) (lom) (Entered: 03/25/2011)

March 24, 2011

March 24, 2011

99

NOTICE of Change of Attorney Information for attorney Peter Bibring counsel for Petitioner Amadou Lamine Diouf.Peter Bibring is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G−06 Notice. Filed by Plaintiff Amadou Diouf (Bibring, Peter) (Entered: 03/25/2011)

March 25, 2011

March 25, 2011

100

NOTICE of Appearance (Atkinson, Theodore) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 21, 2006

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An immigrant detained in ICE custody who was subject to a removal order and was detained for over 18 months without a bond hearing before an Immigration Judge.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

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

San Pedro (Los Angeles), City

Immigration and Customs Enforcement, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Habeas relief

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

General:

Fines/Fees/Bail/Bond

Habeas Corpus

Over/Unlawful Detention

Type of Facility:

Government-run

Immigration/Border:

Deportation - procedure

Detention - criteria

Detention - procedures

Status/Classification