Case: Migrant Justice v. Nielsen

5:18-cv-00192 | U.S. District Court for the District of Vermont

Filed Date: Nov. 14, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 14, 2018, Migrant Justice, Inc. and four individual members of the organization filed this lawsuit in the United States District Court for the District of Vermont. The plaintiffs sued the Department of Homeland Security (DHS), the United States Immigration and Customs Enforcement (ICE), the Vermont Department of Motor Vehicles (DMV), and the United States under 42 U.S.C. §1983 and Ex parte Young, 209 U.S. 123 (1908). The plaintiffs, represented by the various public interest organiz…

On November 14, 2018, Migrant Justice, Inc. and four individual members of the organization filed this lawsuit in the United States District Court for the District of Vermont. The plaintiffs sued the Department of Homeland Security (DHS), the United States Immigration and Customs Enforcement (ICE), the Vermont Department of Motor Vehicles (DMV), and the United States under 42 U.S.C. §1983 and Ex parte Young, 209 U.S. 123 (1908). The plaintiffs, represented by the various public interest organizations including the ACLU of Vermont, Center for Constitutional Rights, the National Immigration Law Center, as well as private counsel, sought injunctive, monetary, and declaratory relief, claiming violations of the First Amendment and Fourteenth Amendment’s Equal Protection Clause, as well as federal tort claims, including Invasion of Privacy, Intentional Infliction of Emotional Distress, and False Imprisonment.

The plaintiffs, organizers and advocates for immigrant farmworkers, alleged that ICE has retaliated against them in response to their advocacy and public criticism, thereby chilling their speech and interfering with their freedom of association. As a result, Migrant Justice claimed that it had to take extensive and costly precautions, limiting its overall reach to the community. Specifically, the plaintiffs alleged that ICE has infiltrated their meetings; targeted, surveilled, and engaged in disinformation campaigns to sow distrust among their members; and arrested and/or detained twenty active Migrant Justice members pursuant to an unlawful retaliatory policy. The plaintiffs further alleged that DMV employees consistently share personally identifying information about plaintiffs with ICE in a manner that disproportionately targets and impacts non-white and Latinx residents.

The plaintiffs filed an amended complaint on February 7, 2019, removing one member of the organization as a plaintiff. There were no other substantive changes made to the complaint.

On January 21, 2020, the plaintiffs filed a stipulation of dismissal with prejudice as to Wanda Minoli, the Commissioner of the Vermont DMV after entering into a settlement. The DMV agreed to not share immigration or citizenship information with ICE, DHS, and Customs and Border Protection (CBP) and to implement new protocols to protect against such disclosures, including training for its law enforcement employees, counter staff, and managers. The settlement also included improvements to the DMV's language access services. The DMV agreed to 18 months of auditing and $100,000 in attorneys' fees: $20,000 would go to the plaintiffs and $80,000 would be set aside for the DMV's costs in complying with the settlement.

On October 28, 2020, the plaintiffs filed a stipulation of dismissal with prejudice after entering into a settlement with the remaining defendants. The U.S. agreed to pay $100,000 in damages. ICE granted the plaintiffs deferred action for five years (stopping their potential deportations), and said it would not use any information gathered during this lawsuit, deferred action requests, or employment authorization applications against the plaintiffs in any future immigration proceedings. ICE also promised to tell its agents that immigrants, regardless of immigration status, are protected by the First Amendment and have the right to freedom of speech and assembly. This included sending a memo to its Vermont employees to explain that they must act in accordance with the First Amendment, including its commitment to not profile, target on account of, or discriminate against any individual or group for exercising First Amendment rights."

The case is ongoing.

Summary Authors

Shannon Nelson (4/22/2019)

Olivia Vigiletti (10/5/2019)

Lauren Yu (11/12/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8188405/parties/migrant-justice-v-nielsen/


Judge(s)

Crawford, Geoffrey William (Vermont)

Attorneys(s) for Plaintiff

Aguirre, Guadalupe V (New York)

Aycock, Amanda M. (New York)

Cohen, Joel M. (New York)

Diaz, James M (Vermont)

Ernst, Lia (Vermont)

Guisado, Angelo R. (New York)

Kim Pak, Sarah (California)

Neely, Jaclyn M (New York)

Rebert, Trudy S. (New York)

Judge(s)

Crawford, Geoffrey William (Vermont)

Attorneys(s) for Plaintiff

Aguirre, Guadalupe V (New York)

Aycock, Amanda M. (New York)

Cohen, Joel M. (New York)

Diaz, James M (Vermont)

Ernst, Lia (Vermont)

Guisado, Angelo R. (New York)

Kim Pak, Sarah (California)

Neely, Jaclyn M (New York)

Rebert, Trudy S. (New York)

Rosenthal, Joshua A (California)

Schwarz, Ghita (New York)

Stehlik, Joshua T. (California)

Wilner, Claudia (New York)

Wolson, Max (District of Columbia)

Attorneys(s) for Defendant

Balaban, Rachel (New York)

DuCharme, Seth David (New York)

Foster, Owen C.J (Vermont)

Gallagher, Kate T (Vermont)

Weinberg, Alex (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 28, 2020 Docket
1

Complaint

Nov. 14, 2018 Complaint
22

First Amended Complaint

Feb. 7, 2019 Complaint

Settlement Agreement

Migrant Justice v. McAleenan

Jan. 8, 2020 Settlement Agreement
68

Stipulation for Compromise Settlement and Release and Dismissal with Prejudice of all Claims in the Action

Migrant Justice v. Wolf

Oct. 28, 2020 Settlement Agreement

Resources

Title Description External URL

Migrant Justice v. Nielsen

Center for Constitutional Rights

Migrant Justice, a Vermont-based advocacy organization with roots in economic justice, labor, and human rights, and six of its members are suing the Department of Homeland Security, Immigration and C… Oct. 28, 2020 https://ccrjustice.org/...

Migrant Justice, et al. v. Nielsen, et al.

National Immigration Law Center

ICE, DHS, and Vermont DMV retaliating against activist immigrant leaders. Oct. 28, 2020 https://www.nilc.org/...

Migrant Justice v. Ice

Migrant Justice

A summary and explanation of the case Migrant Justice v. Nielsen. Nov. 13, 2018 http://www.migrantjustice.net/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8188405/migrant-justice-v-nielsen/

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

ECF Number Description Date Link
1

COMPLAINT against Matthew Albence, Wanda Minoli, Kirstjen Nielsen, United States of America, Ronald Vitiello filed by Migrant Justice, Jose Enrique Balcazar Sanchez, Zully Palacios Rodriguez, Jose Victor Garcia Diaz, Miguel Alcudia Gamas. (Attachments: # 1 Civil Cover Sheet) (esb) Filers clarified on 11/14/2018 (law). (Entered: 11/14/2018)

1 Civil Cover Sheet

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Nov. 14, 2018 PACER

ISSUED Summons as to Matthew Albence; Kirstjen Nielsen; United States of America (U.S. Attorney D-VT); Ronald Vitiello.(kac)

Nov. 14, 2018 PACER
2

STIPULATED MOTION for Extension of Time to File Answer re 1 Complaint filed by Wanda Minoli.(Gallagher, Kate) (Entered: 12/24/2018)

Dec. 24, 2018 PACER
3

ORDER granting 2 MOTION for Extension of Time to Answer 1 Complaint. Wanda Minoli answer due 2/28/2019. Signed by Chief Judge Geoffrey W. Crawford on 12/26/2018. (This is a text-only Order.) (jal) (Entered: 12/26/2018)

Dec. 26, 2018 PACER
4

STIPULATED MOTION for Extension of Time to File Answer filed by Matthew Albence, Kirstjen Nielsen, United States of America, Ronald Vitiello.(Foster, Owen) Event/text clarified on 1/9/2019 (law). (Entered: 01/08/2019)

Jan. 8, 2019 PACER
5

WAIVER OF SERVICE Returned Executed: Wanda Minoli waiver sent on 11/14/2018.(Ernst, Lia) Date waiver sent clarified on 1/9/2019 (law). (Entered: 01/09/2019)

Jan. 9, 2019 PACER
6

SUMMONS Returned Executed. Matthew Albence served on 11/19/2018, answer due 1/18/2019; Kirstjen Nielsen served on 11/19/2018, answer due 1/18/2019; United States of America served on 11/19/2018, answer due 1/18/2019; Ronald Vitiello served on 11/19/2018, answer due 1/18/2019. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Ernst, Lia) (Entered: 01/09/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Jan. 9, 2019 PACER
7

STIPULATION AND ORDER for an Extension of Deadline to Respond to 1 Complaint. Matthew Albence, Kirstjen Nielsen, United States of America, Ronald Vitiello answers due 2/28/2019. Signed by Chief Judge Geoffrey W. Crawford on 1/9/2019. (law) (Entered: 01/09/2019)

Jan. 9, 2019 PACER
8

MOTION for Appearance Pro Hac Vice of Joshua A. Rosenthal filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Wanda Minoli, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Joshua A. Rosenthal, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019)

1 Declaration of Joshua A. Rosenthal

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2 Certificate of Good Standing

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Jan. 10, 2019 PACER
9

MOTION for Appearance Pro Hac Vice of Ghita R. Schwarz filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Ghita Schwarz, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019)

1 Declaration of Ghita Schwarz

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2 Certificate of Good Standing

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Jan. 10, 2019 PACER
10

MOTION for Appearance Pro Hac Vice of Angelo R. Guisado filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Angelo R. Guisado, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019)

1 Declaration of Angelo R. Guisado

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2 Certificate of Good Standing

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Jan. 10, 2019 PACER
11

MOTION for Appearance Pro Hac Vice of Guadalupe V. Aguirre filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Guadalupe Aguirre, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019)

1 Declaration of Guadalupe Aguirre

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2 Certificate of Good Standing

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Jan. 10, 2019 PACER
12

MOTION for Appearance Pro Hac Vice of Amanda M. Aycock filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Amanda M. Aycock, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019)

1 Declaration of Amanda M. Aycock

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2 Certificate of Good Standing

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Jan. 10, 2019 PACER
13

MOTION for Appearance Pro Hac Vice of Joel M. Cohen filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Joel M. Cohen, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019)

1 Declaration of Joel M. Cohen

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2 Certificate of Good Standing

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Jan. 10, 2019 PACER
14

MOTION for Appearance Pro Hac Vice of Jaclyn M. Neely filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Jaclyn M. Neely)(jlh) (Additional attachment(s) added on 1/14/2019: # 2 Certificate of Good Standing) (jlh). (Entered: 01/14/2019)

1 Declaration of Jaclyn M. Neely

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2 Certificate of Good Standing

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Jan. 10, 2019 PACER
15

MOTION for Appearance Pro Hac Vice of Trudy S. Rebert filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Trudy S. Rebert, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019)

1 Declaration of Trudy S. Rebert

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2 Certificate of Good Standing

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Jan. 10, 2019 PACER
16

MOTION for Appearance Pro Hac Vice of Joshua Stehlik filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Joshua Stehlik, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019)

1 Declaration of Joshua Stehlik

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2 Certificate of Good Standing

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Jan. 10, 2019 PACER
17

ORDER granting 8, 9, 10, 11, 12, 13, 14, 15 and 16 MOTIONS for Admission Pro Hac Vice of Joshua A. Rosenthal, Ghita R. Schwarz, Angelo R. Guisado, Guadalupe V. Aguirre, Amanda M. Aycock, Joel M. Cohen, Jaclyn M. Neely, Trudy S. Rebert and Joshua Stehlik. Signed by Chief Judge Geoffrey W. Crawford on 1/14/2019. (This is a text-only Order.) (jal) (Entered: 01/14/2019)

Jan. 14, 2019 PACER
18

JOINT MOTION to Stay deadline for submission of discovery schedule filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Ernst, Lia) (Entered: 01/30/2019)

Jan. 30, 2019 PACER
19

ORDER granting 18 MOTION to Stay Deadline for the Submission of a Discovery Schedule. Deadline for Discovery Schedule is now due March 18, 2019. Signed by Chief Judge Geoffrey W. Crawford on 1/31/2019. (This is a text-only Order.) (jal) (Entered: 01/31/2019)

Jan. 31, 2019 PACER
20

UNOPPOSED MOTION to Amend 1 Complaint filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Redlined Proposed Amended Complaint, # 2 Proposed Amended Complaint)(Ernst, Lia) (Entered: 01/31/2019)

1 Redlined Proposed Amended Complaint

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2 Proposed Amended Complaint

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Jan. 31, 2019 PACER
21

ORDER granting 20 MOTION to Amend 1 Complaint. Signed by Chief Judge Geoffrey W. Crawford on 2/1/2019. (This is a text-only Order.) (jal) (Entered: 02/01/2019)

Feb. 1, 2019 PACER
22

FIRST AMENDED COMPLAINT against Matthew Albence, Wanda Minoli, Kirstjen Nielsen, United States of America, Ronald Vitiello filed by Jose Enrique Balcazar Sanchez, Migrant Justice, Jose Victor Garcia Diaz, Zully Palacios Rodriguez. (esb) (Entered: 02/07/2019)

Feb. 7, 2019 RECAP
23

NOTICE of Attorney Substitution by Owen C.J. Foster, AUSA as to Matthew Albence, Kirstjen Nielsen, United States of America, Ronald Vitiello(Foster, Owen) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
24

MOTION for Extension of Time to File Answer, MOTION for Extension of Time to File Joint Discovery Schedule filed by Matthew Albence, Kirstjen Nielsen, United States of America, Ronald Vitiello.(Balaban, Rachel) (Entered: 02/26/2019)

Feb. 26, 2019 PACER
25

ORDER granting 24 MOTION for Extension of Time to Answer 22 Amended Complaint. Matthew Albence answer due 4/30/2019; Kirstjen Nielsen answer due 4/30/2019; United States of America answer due 4/30/2019; Ronald Vitiello answer due 4/30/2019; and granting 24 Motion for Extension of Time to File Joint Discovery Schedule. Joint Discovery Schedule due May 15, 2019. Signed by Chief Judge Geoffrey W. Crawford on 2/26/2019. (This is a text-only Order.) (jal) (Entered: 02/26/2019)

Feb. 26, 2019 PACER
26

STIPULATED MOTION for Extension of Time to File Answer re 22 Amended Complaint filed by Wanda Minoli.(Gallagher, Kate) Modified on 3/1/2019 (jlh). (Entered: 02/27/2019)

Feb. 27, 2019 PACER
27

ORDER granting 26 Motion for Extension of Time to Answer 22 Amended Complaint and for submission of the Discovery Schedule. Wanda Minoli answer due 4/1/2019. Signed by Chief Judge Geoffrey W. Crawford on 2/27/2019. (This is a text-only Order.) (jal) (Entered: 02/27/2019)

Feb. 27, 2019 PACER
28

MOTION for Appearance Pro Hac Vice of Max Wolson filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Max Wolson, # 2 Certificate of Good Standing, # 3 Certificate of Service)(jlh) (Entered: 03/28/2019)

1 Declaration of Max Wolson

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2 Certificate of Good Standing

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3 Certificate of Service

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March 26, 2019 PACER
29

MOTION for Appearance Pro Hac Vice of Sarah K. Pak filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Sarah Kim Pak, # 2 Certificate of Good Standing, # 3 Certificate of Service)(jlh) (Entered: 03/28/2019)

1 Declaration of Sarah Kim Pak

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2 Certificate of Good Standing

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3 Certificate of Service

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March 26, 2019 PACER
30

STIPULATED MOTION for Extension of Time to File Answer re 22 Amended Complaint filed by Wanda Minoli.(Gallagher, Kate) (Entered: 03/29/2019)

March 29, 2019 PACER
31

ORDER granting 28 MOTION for Admission Pro Hac Vice of Max Wolson; granting 29 MOTION for Admission Pro Hac Vice of Sarah Kim Pak; and granting 30 MOTION for Extension of Time to File Answer re 22 Amended Complaint. Wanda Minoli answer due 5/31/2019. Signed by Chief Judge Geoffrey W. Crawford on 4/2/2019. (This is a text-only Order.) (jal) (Entered: 04/02/2019)

April 2, 2019 PACER

Order on Motion for Admission Pro Hac Vice

April 2, 2019 PACER

Order on Motion for Extension of Time to Answer

April 2, 2019 PACER
32

SECOND MOTION for Extension of Time to File Answer and SECOND MOTION for Extension of Time to File Joint Discovery Schedule filed by Matthew Albence, Kirstjen Nielsen, United States of America, Ronald Vitiello.(Weinberg, Alex). (Main Document 32 replaced on 4/19/2019) (jlh). (Entered: 04/18/2019)

April 18, 2019 PACER
33

NOTICE OF DOCKET ENTRY CORRECTION re: 32 SECOND MOTION for Extension of Time to File Answer and SECOND MOTION for Extension of Time to File Joint Discovery Schedule filed by Ronald Vitiello, Matthew Albence, Kirstjen Nielsen, United States of America. The document has been replaced to be in a format that complies with Local Rules. The corrected document is now attached to 32 as well as this entry. (jlh) (Entered: 04/18/2019)

April 18, 2019 PACER
34

ORDER granting 32 MOTION for Extension of Time to Answer. Matthew Albence, Kirstjen Nielsen, United States of America and Ronald Vitiello answers due 5/31/2019; granting 32 MOTION for Extension of Time to File Joint Discovery Schedule. Joint Discovery Schedule due June 14, 2019. Signed by Chief Judge Geoffrey W. Crawford on 4/22/2019. (This is a text-only Order.) (jal) (Entered: 04/22/2019)

April 22, 2019 PACER

Order on Motion for Extension of Time to File

April 22, 2019 PACER

Order on Motion for Extension of Time to Answer

April 22, 2019 PACER
35

MOTION to Withdraw as Attorney for Joshua A. Rosenthal filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Rosenthal, Joshua) (Entered: 05/17/2019)

May 17, 2019 PACER

Order on Motion to Withdraw as Attorney

May 17, 2019 PACER
36

ORDER granting 35 MOTION to Withdraw as Attorney for Joshua A. Rosenthal. Signed by Chief Judge Geoffrey W. Crawford on 5/17/2019. (This is a text-only Order.) (jal) (Entered: 05/17/2019)

May 17, 2019 PACER
37

STIPULATED MOTION for Extension of Time to File Answer filed by Wanda Minoli.(Gallagher, Kate) (Entered: 05/29/2019)

May 29, 2019 PACER
38

ORDER granting 37 MOTION for Extension of Time to Answer. Wanda Minoli answer due 7/15/2019. Signed by Chief Judge Geoffrey W. Crawford on 5/30/2019. (This is a text-only Order.) (jal) (Entered: 05/30/2019)

May 30, 2019 PACER

Order on Motion for Extension of Time to Answer

May 30, 2019 PACER
39

ANSWER to 22 Amended Complaint by Matthew Albence, Kevin McAleenan, United States of America, Nathalie Asher.(Weinberg, Alex) Parties clarified on 6/3/2019 (law). (Entered: 05/31/2019)

May 31, 2019 RECAP
40

JOINT MOTION for Extension of Time to File a Discovery Schedule filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Aycock, Amanda) (Entered: 06/13/2019)

June 13, 2019 PACER
41

ORDER granting 40 MOTION for Extension of Time to File a Discovery Schedule. Time extended to July 26, 2019. Signed by Chief Judge Geoffrey W. Crawford on 6/14/2019. (This is a text-only Order.) (jal) (Entered: 06/14/2019)

June 14, 2019 PACER

Order on Motion for Extension of Time to File

June 14, 2019 PACER
42

MOTION for Appearance Pro Hac Vice of Claudia Wilner filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Claudia Wilner, # 2 Certificate of Good Standing, # 3 Certificate of Service)(jlh) (Entered: 06/19/2019)

1 Declaration of Claudia Wilner

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2 Certificate of Good Standing

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3 Certificate of Service

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June 14, 2019 PACER
43

STIPULATED MOTION for Extension of Time to File Answer re 22 Amended Complaint filed by Wanda Minoli.(Gallagher, Kate) (Entered: 06/24/2019)

June 24, 2019 PACER
44

ORDER granting 42 MOTION for Admission Pro Hac Vice of Claudia Wilner; and granting 43 MOTION for Extension of Time to Answer 22 Amended Complaint. Wanda Minoli answer due 8/14/2019. Signed by Chief Judge Geoffrey W. Crawford on 6/25/2019. (This is a text-only Order.) (jal) (Entered: 06/25/2019)

June 25, 2019 PACER

Order on Motion for Admission Pro Hac Vice

June 25, 2019 PACER

Order on Motion for Extension of Time to Answer

June 25, 2019 PACER
45

STIPULATED MOTION for Extension of Time to File Answer re 22 Amended Complaint filed by Wanda Minoli.(Gallagher, Kate) (Entered: 07/26/2019)

July 26, 2019 PACER
46

JOINT MOTION for Extension of Time to File a Discovery Schedule filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Aycock, Amanda) (Entered: 07/26/2019)

July 26, 2019 PACER
47

ORDER granting 45 Motion for Extension of Time to Answer 22 Amended Complint. Wanda Minoli answer due 9/13/2019; granting 46 Motion for Extension of Time to File Discovery Schedule. Time extended to seven (7) business days after Answer received from Defendant Minoli. Signed by Chief Judge Geoffrey W. Crawford on 7/29/2019. (This is a text-only Order.) (jal) (Entered: 07/29/2019)

July 29, 2019 PACER

Order on Motion for Extension of Time to File

July 29, 2019 PACER

Order on Motion for Extension of Time to Answer

July 29, 2019 PACER
48

STIPULATED MOTION for Extension of Time to File Answer re 22 Amended Complaint filed by Wanda Minoli.(Gallagher, Kate) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
49

ORDER granting 48 MOTION for Extension of Time to Answer re 22 Amended Complaint. Wanda Minoli answer due 10/14/2019. Signed by Chief Judge Geoffrey W. Crawford on 9/10/2019. (This is a text-only Order.) (jal) (Entered: 09/10/2019)

Sept. 10, 2019 PACER

Order on Motion for Extension of Time to Answer

Sept. 10, 2019 PACER
50

STIPULATED MOTION for Extension of Time to File Answer filed by Wanda Minoli.(Gallagher, Kate) (Entered: 10/07/2019)

Oct. 7, 2019 PACER
51

ORDER granting 50 MOTION for Extension of Time to Answer. Wanda Minoli answer due 11/14/2019. Signed by Chief Judge Geoffrey W. Crawford on 10/9/2019. (This is a text-only Order.) (jal) (Entered: 10/09/2019)

Oct. 9, 2019 PACER

Order on Motion for Extension of Time to Answer

Oct. 9, 2019 PACER
52

STIPULATED MOTION for Extension of Time to File Answer re 22 Amended Complaint filed by Wanda Minoli.(Gallagher, Kate) (Entered: 11/12/2019)

Nov. 12, 2019 PACER

Order on Motion for Extension of Time to Answer

Nov. 12, 2019 PACER
53

ORDER granting 52 MOTION for Extension of Time to Answer re 22 Amended Complaint. Wanda Minoli answer due 12/16/2019. Signed by Chief Judge Geoffrey W. Crawford on 11/12/2019. (This is a text-only Order.) (jal) (Entered: 11/12/2019)

Nov. 12, 2019 PACER
54

STIPULATED MOTION for Extension of Time to File Answer re 22 Amended Complaint filed by Wanda Minoli.(Gallagher, Kate) (Entered: 12/12/2019)

Dec. 12, 2019 PACER

Order on Motion for Extension of Time to Answer

Dec. 12, 2019 PACER
55

ORDER granting 54 MOTION for Extension of Time to Answer. Wanda Minoli answer due 1/25/2020. Signed by Chief Judge Geoffrey W. Crawford on 12/12/2019. (This is a text-only Order.) (jal) (Entered: 12/12/2019)

Dec. 12, 2019 PACER
56

REPORT of Early Neutral Evaluator. (Attachments: # 1 Certificate of Service)(Marks, Michael) (Entered: 01/16/2020)

1 Certificate of Service

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Jan. 16, 2020 PACER
57

STIPULATION of Dismissal With Prejudice as to Wanda Minoli by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez (Ernst, Lia) Text clarified on 1/21/2020 (jlh). (Entered: 01/21/2020)

Jan. 21, 2020 RECAP
58

JOINT MOTION for Extension of Time to File a Discovery Schedule filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Aycock, Amanda) (Entered: 01/24/2020)

Jan. 24, 2020 PACER
59

ORDER granting 58 MOTION for Extension of Time to File a Discovery Schedule. Time extended to March 13, 2020. Signed by Chief Judge Geoffrey W. Crawford on 1/27/2020. (This is a text-only Order.) (jal) (Entered: 01/27/2020)

Jan. 27, 2020 PACER

Order on Motion for Extension of Time to File

Jan. 27, 2020 PACER
60

JOINT MOTION for Extension of Time to File a Discovery Schedule filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Aycock, Amanda) (Entered: 03/12/2020)

March 12, 2020 PACER
61

ORDER granting 60 JOINT MOTION for Extension of Time to File a Discovery Schedule. Time extended to May 12, 2020. Signed by Chief Judge Geoffrey W. Crawford on 3/13/2020. (This is a text-only Order.) (jal) (Entered: 03/13/2020)

March 13, 2020 PACER

Order on Motion for Extension of Time to File

March 13, 2020 PACER
62

JOINT MOTION for Extension of Time to File a Discovery Schedule filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Aycock, Amanda) (Entered: 05/12/2020)

May 12, 2020 PACER
63

ORDER granting 62 MOTION for Extension of Time to File Discovery Schedule. Time extended to July 13, 2020. Signed by Chief Judge Geoffrey W. Crawford on 5/13/2020. (This is a text-only Order.) (jal) (Entered: 05/13/2020)

May 13, 2020 PACER

Order on Motion for Extension of Time to File

May 13, 2020 PACER
64

JOINT MOTION for Extension of Time to File a Discovery Schedule filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Aycock, Amanda) (Entered: 07/13/2020)

July 13, 2020 PACER
65

ORDER granting 64 MOTION for Extension of Time to File Discovery Schedule. Time extended to September 11, 2020. Signed by Chief Judge Geoffrey W. Crawford on 7/13/2020. (This is a text-only Order.) (jal) (Entered: 07/13/2020)

July 13, 2020 PACER

Order on Motion for Extension of Time to File

July 13, 2020 PACER
66

JOINT MOTION for Extension of Time to File a Discovery Schedule filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Aycock, Amanda) (Entered: 09/11/2020)

Sept. 11, 2020 RECAP
67

ORDER granting 66 MOTION for Extension of Time to File Discovery Schedule. Time extended to November 10, 2020. Signed by Chief Judge Geoffrey W. Crawford on 9/25/2020. (This is a text-only Order.) (jal) (Entered: 09/25/2020)

Sept. 25, 2020 PACER

Order on Motion for Extension of Time to File

Sept. 25, 2020 PACER
68

STIPULATION of Dismissal With Prejudice by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez (Ernst, Lia) (Entered: 10/28/2020)

Oct. 28, 2020 RECAP
69

Withdraw as Attorney

Dec. 18, 2020 PACER

Order on Motion to Withdraw as Attorney

Dec. 18, 2020 PACER

State / Territory: Vermont

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 14, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Migrant Justice is a non-profit, non-partisan organization that organizes and advocates for Vermont's immigrant farmworkers. Four individual members of Migrant Justice are also named plaintiffs in the suit.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

ACLU Affiliates (any)

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security, Federal

Vermont Department of Motor Vehicles, State

United States, Federal

U.S. Immigration and Customs Enforcement, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 120,000

Issues

General:

Disparate Impact

Drivers Licenses

False arrest

Placement in detention facilities

Racial profiling

Records Disclosure

Discrimination-basis:

Immigration status

Race discrimination

Immigration/Border:

Detention - criteria

Detention - procedures

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

National Origin/Ethnicity:

Hispanic