Case: J.E.C.M. v. Lloyd

1:18-cv-00903 | U.S. District Court for the Eastern District of Virginia

Filed Date: July 20, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This case was about U.S. immigration and family reunification policies.A group of Honduran and Guatemalan minors, guardians, and sponsors filed this class action lawsuit in the U.S. District Court for the Eastern District of Virginia on July 20, 2018. Plaintiffs sued the Office of Refugee Resettlement (ORR), U.S. Customs and Border Protection (CBP), the Shenandoah Valley Juvenile Center (SVJC), Youth for Tomorrow, and other contractors supporting immigration enforcement under the Trafficking Vi…

This case was about U.S. immigration and family reunification policies.

A group of Honduran and Guatemalan minors, guardians, and sponsors filed this class action lawsuit in the U.S. District Court for the Eastern District of Virginia on July 20, 2018. Plaintiffs sued the Office of Refugee Resettlement (ORR), U.S. Customs and Border Protection (CBP), the Shenandoah Valley Juvenile Center (SVJC), Youth for Tomorrow, and other contractors supporting immigration enforcement under the Trafficking Victims Protection Reauthorization Act (TVPRA), 8 U.S.C. § 1232, and the Administrative Procedure Act (APA), 5 U.S.C. §§ 551. Plaintiffs also petitioned for writs of habeas corpus. Plaintiffs alleged that the defendants’ separation of children from their families for extended periods of time violated their statutory and constitutional rights. This was based on a Memorandum of Agreement (MOA) signed by ORR and CBP on April 13, 2021. Plaintiffs were represented by attorneys from the Legal Aid Justice Center, Southern Poverty Law Center, and private counsel. Relief sought included declaratory relief and the immediate release of unlawfully detained children. District Judge Leonie M. Brinkema was assigned.

Plaintiffs raised six claims against the defendants. The first three claims related to the Office of Refugee Resettlement’s procedures regarding family reunification applications. These procedures allegedly violated plaintiffs’ substantive due process rights, procedural due process rights, and the TVPRA. The next two claims related to ORR’s policy of requesting biological and biometric information from family members seeking reunification. This allegedly violated the APA for failure to comply with notice-and-comment rulemaking and for being arbitrary and capricious. The final claim was seeking habeas relief under 28 U.S.C. 2241(c).

Minor plaintiffs had all fled their home countries for fear of persecution or after the death of a family member. They were apprehended by U.S. Customs and Border Protection. Two of the four minor plaintiffs were separated from siblings who had fled with them. The other two plaintiffs were placed in the custody of the Office of Refugee Resettlement; one was sent to Youth for Tomorrow and one was transferred to the Wal-Mart-turned-detention-center SVJC. All plaintiffs were held for six months or more before being reunited with their families.

Plaintiffs filed a Second Amended Complaint and a motion to seal on August 16, 2018. This motion was granted, which means that many of the files related to this case, including the initial complaint, additional complaints, and several motions, are unavailable for public access. The information in this summary comes from those filings that are publicly available.

The defendants filed a motion to dismiss for lack of jurisdiction and failure to state a claim on September 21, 2018. This was granted in part and denied in part on November 15, 2018. The court dismissed as moot the claims of three individual plaintiffs who had, at the time of the motion, been released from ORR’s custody, and also granted the defendants’ motion to dismiss regarding the substantive due process claims. However, the court denied defendants’ motion with regards to the APA claims, the TVPRA claim, and their procedural due process claims. 352 F. Supp. 3d 559.

On February 22, 2019, the plaintiffs filed a Third Amended Complaint, and on March 4, filed a motion for class certification. On March 14, the defendants again filed a motion to dismiss for lack of jurisdiction, which was granted five days later regarding the “individual” claims of all the plaintiffs. The docket did not specify exactly which claims were “individual,” but at least some claims were not individual claims because the case continued.

The court certified two classes on April 26, 2019. The first class was for minors (including all children designated as unaccompanied undocumented minors in ORR’s custody). The second class was for sponsors (including those who had applied to sponsor a minor to whom the minor had not been released).

The parties conducted discovery over the following months.

Both plaintiffs and defendants filed motions for summary judgment on September 16 and October 16, 2019, respectively. Plaintiffs then moved for a temporary restraining order (TRO) on May 6, 2020. Two days later, the proposed TRO was denied without prejudice. (The court’s reasons for the denial were not presented in the order. Instead, the court’s reasoning was stated during a telephone conference with parties. Unfortunately, both the transcript for this conference and other materials concerning the TRO were either sealed or otherwise not publicly available.)

The court ordered that both the plaintiffs' and defendants' motions for summary judgment be held in abeyance on March 17, 2021. The U.S. Department of Health and Human Services and the U.S. Department of Homeland Security had replaced the April 2018 Memorandum of Agreement (MOA) of which ORR and CBP were signatories. This MOA was the central part of this case. The court paused the motions so parties had time to respond.

The case is ongoing.

Summary Authors

Elizabeth Helpling (10/10/2019)

Eric Gripp (7/19/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7501423/parties/jecm-v-lloyd/


Judge(s)

Brinkema, Leonie M. (Virginia)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Bezos, Salvador Manuel (District of Columbia)

Ciolfi, Angela A. (Virginia)

Donovan, Kristin Fisher (Virginia)

Draper, Saira (Georgia)

Gregg, Sophia Leticia (Virginia)

Lopez, Luz Virginia (Georgia)

Rivera, Laura G. (Georgia)

Rozendaal, John Christopher (District of Columbia)

Judge(s)

Brinkema, Leonie M. (Virginia)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Bezos, Salvador Manuel (District of Columbia)

Ciolfi, Angela A. (Virginia)

Donovan, Kristin Fisher (Virginia)

Draper, Saira (Georgia)

Gregg, Sophia Leticia (Virginia)

Lopez, Luz Virginia (Georgia)

Rivera, Laura G. (Georgia)

Rozendaal, John Christopher (District of Columbia)

Sandoval-Moshenberg, Simon (Virginia)

Warner, Granville Clayton (Virginia)

Wolozin, Rebecca Ruth (Virginia)

Attorneys(s) for Defendant

Botkins, Jason (Virginia)

Flores, John Robert (Virginia)

Hall, Jeffery A. (Virginia)

Lucier, Jonathan Tyler (Virginia)

Yang, Catherine M. (Virginia)

Other Attorney(s)

Lange, Perry Andrew (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

June 3, 2021 Docket
60

Memorandum Opinion

353 F.Supp.3d 559

Nov. 15, 2018 Order/Opinion
72-1

Third Amended Class Action Complaint

Jan. 18, 2019 Complaint
138

Order

J.E.C.M. v. Hayes

April 26, 2019 Order/Opinion
323

Order

J.E.C.M v. Huang

March 17, 2021 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7501423/jecm-v-lloyd/

Last updated May 12, 2022

ECF Number Description Date Link
1

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0422-6187464.), filed by J.E.C.M., Jose Jiminez Saravia. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(dvanm, ) (Entered: 07/20/2018)

July 20, 2018 PACER

Set Motion and R&R Deadlines/Hearings

July 20, 2018 PACER
2

NOTICE of Appearance by Simon Yehuda Sandoval-Moshenberg on behalf of J.E.C.M., Jose Jiminez Saravia (Sandoval-Moshenberg, Simon) (Entered: 07/20/2018)

July 20, 2018 PACER
3

ORDER TO SHOW CAUSE; ORDER of Service (2241) upon respondents. Given J.E.C.M.'s young age and the length of time he has spent in custody, it is hereby ORDERED that respondents SHOW CAUSE by Friday, July 27, 2018 why the habeas corpus petition should not be granted; and it is further ORDERED that any reply to respondents' brief be filed by Tuesday, July 31, 2018; and it is further ORDERED that the parties appear for a hearing on the habeas corpus petition at 9:30 a.m. on Thursday, August 2, 2018. Signed by District Judge Leonie M. Brinkema on 07/20/2018. (c/s to USAO)(dvanm, ) (Entered: 07/20/2018)

July 20, 2018 RECAP

Set Deadlines as to Hearing set for 8/2/2018 at 09:30 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (see order 3 ) (dvanm, )

July 20, 2018 PACER
4

AMENDED Petition and Class Action Complaint against Alex Azar, Natasha David, Scott Lloyd, Johnitha McNair, Steven Wagner, filed by J.E.C.M., Jose Jiminez Saravia. (Attachments: # 1 Exhibit SWK Discharge Notification, # 2 Exhibit SCH Discharge Notification, # 3 Exhibit ORR Notification to ICE CC, # 4 Exhibit Memorandum of Agreement, # 5 Exhibit Sponsor Reunification Packet, # 6 Exhibit ORR Policy Guide, # 7 Exhibit ORR Record of Posting and Revision Dates)(Wolozin, Rebecca) (Entered: 07/21/2018)

July 21, 2018 PACER
5

MOTION to Certify Class by J.E.C.M., Jose Jiminez Saravia. (Wolozin, Rebecca) (Entered: 07/21/2018)

July 21, 2018 PACER
6

Memorandum in Support re 5 MOTION to Certify Class filed by J.E.C.M., Jose Jiminez Saravia. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Wolozin, Rebecca) (Entered: 07/21/2018)

July 21, 2018 PACER
7

Notice of Hearing Date set for August 2, 2018 re 5 MOTION to Certify Class (Wolozin, Rebecca) (Entered: 07/21/2018)

July 21, 2018 PACER

Set Deadline as to 5 MOTION to Certify Class. Motion Hearing set for 8/2/2018 at 09:30 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (jlan)

July 23, 2018 PACER

Set Motion and R&R Deadlines/Hearings

July 23, 2018 PACER
8

NOTICE of Appearance by John Christopher Rozendaal on behalf of J.E.C.M., Jose Jiminez Saravia (Rozendaal, John) (Entered: 07/23/2018)

July 23, 2018 PACER
9

NOTICE of Appearance by Salvador Manuel Bezos on behalf of J.E.C.M., Jose Jiminez Saravia (Bezos, Salvador) (Entered: 07/23/2018)

July 23, 2018 PACER
10

Notice of Hearing Date re 5 MOTION to Certify Class (Wolozin, Rebecca) (Entered: 07/24/2018)

July 24, 2018 PACER
11

MOTION for Extension of Time to Respond to Petitioner's Habeas Petition by Alex Azar, Natasha David, Scott Lloyd, Johnitha McNair, Steven Wagner. (Attachments: # 1 Proposed Order)(Yang, Catherine) (Entered: 07/24/2018)

July 24, 2018 PACER
12

ORDER granting 11 Motion for Extension of Time to File; and it is further ORDERED that Respondents show cause by Monday, July 30, 2018 at 5:00 p.m. why the habeas petition should not be granted, and that any reply to Respondents' brief be filed by Wednesday, August 1, 2018. Signed by District Judge Leonie M. Brinkema on 07/24/2018. (dvanm, ) (Entered: 07/24/2018)

July 24, 2018 PACER

Reset Deadlines as to 5 MOTION to Certify Class . Motion Hearing set for 8/31/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (klau, )

July 25, 2018 PACER

Set Motion and R&R Deadlines/Hearings

July 25, 2018 PACER
13

NOTICE by Alex Azar, Natasha David, Scott Lloyd, Johnitha McNair, Steven Wagner (Joint) (Barghaan, Dennis) (Entered: 07/27/2018)

July 27, 2018 PACER
14

ORDERED that the briefing schedule related to the Court's Order to Show Cause 3 be and is VACATED; that the hearing on the habeas corpus petition currently scheduled for 9:30 a.m. on Thursday, 8/2/2018 be and is CANCELED; that petitioners immediately advise the Court what, if any issues remain to be resolved in the current lawsuit and, specifically, whether the current lawsuit is moot in light of the apparent resolution of all issues related to the only named petitioners. Signed by District Judge Leonie M. Brinkema on 7/30/2018. (rban, ) (Entered: 07/30/2018)

July 30, 2018 PACER
15

NOTICE by J.E.C.M., Jose Jiminez Saravia re 14 Order,, Notice Regarding Non-Mootness (Wolozin, Rebecca) (Entered: 07/30/2018)

July 30, 2018 PACER
16

Proposed Summons re 4 Amended Petition,, by J.E.C.M., Jose Jiminez Saravia. (Wolozin, Rebecca) (Entered: 07/31/2018)

July 31, 2018 PACER
17

Joint MOTION for Briefing Schedule by Alex Azar, Natasha David, Scott Lloyd, Johnitha McNair, Steven Wagner. (Attachments: # 1 Proposed Order)(Yang, Catherine) (Entered: 08/03/2018)

Aug. 3, 2018 PACER

Set Motion and R&R Deadlines/Hearings

Aug. 3, 2018 PACER
18

ORDER granting in part 17 Motion for Briefing Schedule. ORDERED that respondents file their opposition to petitioner's Motion for Class Certification on or before 8/10/2018; that petitioners file their reply in support of their Motion for Class Certification on or before 8/20/2018; that the hearing on petitioners' Motion for Class Certification 5 be and is CONTINUED from 8/31/2018 until 9/7/2018 at 10 a.m. Signed by District Judge Leonie M. Brinkema on 8/3/2018. (rban, ) (Entered: 08/03/2018)

Aug. 3, 2018 PACER

Set/Reset Deadlines as to 5 MOTION to Certify Class . Responses due by 8/10/2018 Replies due by 8/20/2018. Motion Hearing set for 9/7/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (rban, )

Aug. 3, 2018 PACER
19

Memorandum in Opposition re 5 MOTION to Certify Class filed by Alex Azar, Natasha David, Scott Lloyd, Johnitha McNair, Steven Wagner. (Attachments: # 1 DEX A)(Yang, Catherine) (Entered: 08/10/2018)

Aug. 10, 2018 PACER
20

ORDER - The parties having agreed upon the filing of a Second Amended Complaint and a briefing schedule in this matter, and for good cause shown, the court hereby ORDERS as follows: 1. By consent of all parties, Petitioners may file a Second Amended Complaint on August 16, 2018. Signed by District Judge Leonie M. Brinkema on 08/16/2018. (see order for full details)(dvanm, ) (Entered: 08/16/2018)

Aug. 16, 2018 PACER
21

AMENDED COMPLAINT Second Amended Class Action Complaint and Petition for a Writ of Habeas Corpus against Alex Azar, Natasha David, Scott Lloyd, Johnitha McNair, Steven Wagner, filed by J.E.C.M., Jose Jiminez Saravia. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Wolozin, Rebecca) (Entered: 08/16/2018)

Aug. 16, 2018 PACER
22

MOTION to Seal by J.E.C.M., Jose Jiminez Saravia. (Attachments: # 1 Proposed Order)(Wolozin, Rebecca) (Entered: 08/16/2018)

Aug. 16, 2018 PACER
23

Memorandum in Support re 22 MOTION to Seal filed by J.E.C.M., Jose Jiminez Saravia. (Wolozin, Rebecca) (Entered: 08/16/2018)

Aug. 16, 2018 PACER
24

Waiver of re 22 MOTION to Seal Notice of Waiver of Oral Argument by J.E.C.M., Jose Jiminez Saravia (Wolozin, Rebecca) (Entered: 08/16/2018)

Aug. 16, 2018 PACER

Notice of Correction re 22 MOTION to Seal . The filing user has been notified to file the Local Civil Rule 5(B) Notice. (dvanm, )

Aug. 17, 2018 PACER

Notice of Correction

Aug. 17, 2018 PACER
25

Notice of Under Seal Filing LCvR5 (B) by B.G.S.S., J.E.C.M., K.T.M., R.A.I., Jose Jiminez Saravia re 22 MOTION to Seal (Wolozin, Rebecca) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
26

NOTICE of Appearance by John Christopher Rozendaal on behalf of B.G.S.S., K.T.M., R.A.I. (Rozendaal, John) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
27

NOTICE of Appearance by Salvador Manuel Bezos on behalf of B.G.S.S., K.T.M., R.A.I. (Bezos, Salvador) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
28

Supplemental MOTION to Certify Class by B.G.S.S., J.E.C.M., K.T.M., R.A.I., Jose Jiminez Saravia, Blanca Jeronimo Sis, Sandra Alvarado, Cinthia Velasquez Trail. (Attachments: # 1 Proposed Order)(Wolozin, Rebecca) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
29

Memorandum in Support re 28 Supplemental MOTION to Certify Class filed by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Exhibit, # 2 Exhibit)(Wolozin, Rebecca) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
30

ORDER granting 22 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 08/20/2018. (dvanm, ) (Entered: 08/20/2018)

Aug. 20, 2018 PACER
31

Consent MOTION for Extension of Time to Respond to Second Amended Complaint by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Attachments: # 1 Proposed Order)(Yang, Catherine) (Entered: 09/12/2018)

Sept. 12, 2018 PACER

Set Motion and R&R Deadlines/Hearings

Sept. 12, 2018 PACER
32

ORDER granting 31 Motion for Extension of Time to File. It is furtherORDERED that Defendants shall file any dispositive motion with respect to the Second Amended Complaint on or before September 21, 2018; Plaintiffs may file an opposition to Defendants' motion on or before October 12, 2018; Defendants may file any reply memorandum on or before October 19, 2018; and argument on Defendants' motion shall be held on October 26,2018. Signed by District Judge Leonie M. Brinkema on 09/12/2018. (dvanm, ) (Entered: 09/12/2018)

Sept. 12, 2018 PACER

Set Deadlines as to Motion Hearing set for 10/26/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (see Order 32 for details) (dvanm, )

Sept. 12, 2018 PACER
33

Consent MOTION for Leave to File Excess Pages by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Attachments: # 1 Proposed Order)(Yang, Catherine) (Entered: 09/21/2018)

Sept. 21, 2018 PACER
34

ORDER: Upon consideration of Defendants' consent motion for an enlargement of the page limit for their response to the Second Amended Complaint, and for good cause shown, it is hereby ORDERED that Defendants' consent motion is GRANTED; and it is further ORDERED that Defendants may file an opening brief of up to forty (40) pages in response to the Second Amended Complaint.. Signed by District Judge Leonie M. Brinkema on 9/21/18. (yguy) (Entered: 09/21/2018)

Sept. 21, 2018 PACER
35

MOTION to Dismiss for Lack of Jurisdiction by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Yang, Catherine) (Entered: 09/21/2018)

Sept. 21, 2018 PACER
36

MOTION to Dismiss for Failure to State a Claim by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Yang, Catherine) (Entered: 09/21/2018)

Sept. 21, 2018 PACER
37

Memorandum in Support re 36 MOTION to Dismiss for Failure to State a Claim, 35 MOTION to Dismiss for Lack of Jurisdiction filed by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Attachments: # 1 DEX A, # 2 DEX B, # 3 DEX C)(Yang, Catherine) (Entered: 09/21/2018)

Sept. 21, 2018 PACER

Notice of Correction re 36 MOTION to Dismiss for Failure to State a Claim, 35 MOTION to Dismiss for Lack of Jurisdiction. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (dvanm, )

Sept. 24, 2018 PACER

Notice of Correction

Sept. 24, 2018 PACER
38

Consent MOTION for Leave to File Excess Pages by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Proposed Order)(Wolozin, Rebecca) (Entered: 10/10/2018)

Oct. 10, 2018 PACER
39

Waiver of re 38 Consent MOTION for Leave to File Excess Pages Notice of Waiver of Oral Argument by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail (Wolozin, Rebecca) (Entered: 10/10/2018)

Oct. 10, 2018 PACER
40

ORDER granting 38 Motion for Leave to File Excess Pages. Plaintiffs' may file a response brief of up to forty-one (41) pages in response to Defendants' Motion to Dismiss. Signed by District Judge Leonie M. Brinkema on 10/11/2018. (dvanm, ) (Entered: 10/11/2018)

Oct. 11, 2018 PACER
41

Memorandum in Opposition re 36 MOTION to Dismiss for Failure to State a Claim, 35 MOTION to Dismiss for Lack of Jurisdiction filed by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Exhibit Madrid - Locking Up the Children, # 2 Exhibit Fig. 1, # 3 Exhibit Jeronimo Sis Decl., # 4 Exhibit JECM Sponsor Information_Redacted, # 5 Exhibit Dickerson - Migrant Children Moved)(Wolozin, Rebecca) (Entered: 10/12/2018)

Oct. 12, 2018 PACER
42

Consent MOTION for Leave to File Amicus Curiae Brief in Opposition to Defendants' Motions to Dismiss by HUMAN TRAFFICKING LEGAL CENTER. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Lange, Perry) (Entered: 10/12/2018)

Oct. 12, 2018 PACER
43

Motion to appear Pro Hac Vice by Andrew Brown Cherry and Certification of Local Counsel Perry Lange Filing fee $ 75, receipt number 0422-6314496. by HUMAN TRAFFICKING LEGAL CENTER. (Lange, Perry) (Entered: 10/12/2018)

Oct. 12, 2018 PACER
44

ORDER granting 42 Consent MOTION for Leave to File Amicus Curiae Brief in Opposition to Defendants' Motions to Dismiss ; directing that the Clerk is to accept the proposed amicus brief for filing. Signed by District Judge Leonie M. Brinkema on 10/15/2018. (aott) (Entered: 10/15/2018)

Oct. 15, 2018 PACER
45

Brief of Amicus Curiae Human Trafficking Legal Center in Opposition to 36 MOTION to Dismiss for Failure to State a Claim. (aott) (Entered: 10/15/2018)

Oct. 15, 2018 PACER
46

ORDER granting 43 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 10/15/2018. (rban, ) (Entered: 10/16/2018)

Oct. 15, 2018 PACER
47

MOTION for Extension of Time to File Response/Reply by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Attachments: # 1 Proposed Order)(Yang, Catherine) (Entered: 10/18/2018)

Oct. 18, 2018 PACER
48

ORDER granting 47 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that defendants may file their reply brief by 5:00 p.m. on October 22, 2018. Signed by District Judge Leonie M. Brinkema on 10/18/2018. (dest, ) (Entered: 10/18/2018)

Oct. 18, 2018 PACER
49

MOTION for Reconsideration re 48 Order on Motion for Extension of Time to File Response/Reply by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Proposed Order)(Wolozin, Rebecca) (Entered: 10/18/2018)

Oct. 18, 2018 PACER
50

Waiver of re 49 MOTION for Reconsideration re 48 Order on Motion for Extension of Time to File Response/Reply by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail (Wolozin, Rebecca) (Entered: 10/18/2018)

Oct. 18, 2018 PACER
51

RESPONSE in Opposition re 49 MOTION for Reconsideration re 48 Order on Motion for Extension of Time to File Response/Reply filed by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Yang, Catherine) (Entered: 10/19/2018)

Oct. 19, 2018 PACER
52

ORDER denying 49 Motion for Reconsideration. Signed by District Judge Leonie M. Brinkema on 10/19/2018. (dvanm, ) (Entered: 10/19/2018)

Oct. 19, 2018 PACER
53

REPLY to Response to Motion re 36 MOTION to Dismiss for Failure to State a Claim, 35 MOTION to Dismiss for Lack of Jurisdiction filed by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Yang, Catherine) (Entered: 10/22/2018)

Oct. 22, 2018 PACER
54

NOTICE of Appearance by Angela A. Ciolfi on behalf of Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail (Ciolfi, Angela) (Entered: 10/25/2018)

Oct. 25, 2018 PACER
55

NOTICE of Appearance by John Christopher Rozendaal on behalf of Sandra Alvarado, Blanca Jeronimo Sis, Cinthia Velasquez Trail (Rozendaal, John) (Entered: 10/25/2018)

Oct. 25, 2018 PACER
56

NOTICE of Appearance by Salvador Manuel Bezos on behalf of Sandra Alvarado, Blanca Jeronimo Sis, Cinthia Velasquez Trail (Bezos, Salvador) (Entered: 10/25/2018)

Oct. 25, 2018 PACER

Notice of Correction

Oct. 26, 2018 PACER

Notice of Correction re 54 Notice of Appearance. The filing user has been notified that the Notice of Appearance is an incorrectly saved PDF fillable form and has been removed. The filing user was directed to refile the document. (dvanm, )

Oct. 26, 2018 PACER
57

Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 10/26/2018. Appearances of counsel. Defts' 36 MOTION to Dismiss for Failure to State a Claim and 35 MOTION to Dismiss for Lack of Jurisdiction are argued and TAKEN UNDER ADVISEMENT. (Court Reporter A. Thomson.)(yguy) (Entered: 10/26/2018)

Oct. 26, 2018 PACER
58

NOTICE of Appearance by Angela A. Ciolfi on behalf of Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail (Ciolfi, Angela) (Entered: 10/26/2018)

Oct. 26, 2018 PACER
59

TRANSCRIPT of proceedings held on 10/26/2018, before Judge Leonie M. Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/10/2018. Redacted Transcript Deadline set for 1/10/2019. Release of Transcript Restriction set for 2/8/2019.(thomson, anneliese) (Entered: 11/10/2018)

Nov. 10, 2018 PACER
60

MEMORANDUM OPINION: For the reasons stated above, defendant's motion to dismiss [Dkt. No. 35] will be GRANTED in part as to the individual claims of plaintiffs J.E.C.M., Jimenez Saravia, R.A.I., Alvarado, K.T.M., and Velasquez Trail and as to Count II and DENIED in all other respects by an appropriate Order to be issued with this Memorandum Opinion. Signed by District Judge Leonie M. Brinkema on 11/15/18. (yguy) (Entered: 11/15/2018)

Nov. 15, 2018 RECAP
61

ORDER: For the reasons stated in the accompanying Memorandum Opinion, the individual claims of plaintiffs J.E.C.M., Jimenez Saravia, R. A.L, Alvarado, K.T.M., and Velasquez Trail are DISMISSED AS MOOT, and it is hereby ORDERED that Defendants' Motion to Dismiss the Second Amended Complaint [Dkt. Nos. 35 and 36] be and is GRANTED IN PART with respect to Count II (substantive due process) and DENIED in all other respects. Signed by District Judge Leonie M. Brinkema on 11/15/18. (yguy) (Entered: 11/15/2018)

Nov. 15, 2018 PACER
62

ORDERED that the parties meet and confer to develop a briefing schedule on the class certification issue. Signed by District Judge Leonie M. Brinkema on 11/27/2018. (jlan) (Entered: 11/28/2018)

Nov. 27, 2018 PACER
63

ANSWER to Complaint (Second Amended Complaint) by Alex Azar, Natasha David, Scott Lloyd, Steven Wagner.(Yang, Catherine) (Entered: 11/29/2018)

Nov. 29, 2018 PACER
64

ORDER - The parties having agreed on a briefing schedule on the class certification issue, and for good cause shown, the Court hereby ORDERS as follows: 1. Federal Defendants may file an opposition to Plaintiffs' Supplemental Motion for Class Certification 28 on or before December 14, 2018. 2. Plaintiffs may file a consolidated reply in support of their Motion for Class Certification 5 and Supplemental Motion for Class Certification on or before December 21, 2018. 3. Hearing on Plaintiffs' motions for class certification shall be set for January 4, 2019, at 10:00 a.m. Signed by District Judge Liam O'Grady on 12/03/2018. (dvanm, ) (Entered: 12/03/2018)

Dec. 3, 2018 PACER

Set Motion and R&R Deadlines/Hearings

Dec. 3, 2018 PACER

Set Deadlines as to 5 MOTION to Certify Class, 28 Supplemental MOTION to Certify Class . Motion Hearing set for 1/4/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (dvanm, )

Dec. 3, 2018 PACER
65

Consent MOTION to Amend/Correct 64 Order,, Set Motion and R&R Deadlines/Hearings Consent Motion to Alter Briefing Schedule by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 12/10/2018)

Dec. 10, 2018 PACER
66

Waiver of re 65 Consent MOTION to Amend/Correct 64 Order,, Set Motion and R&R Deadlines/Hearings Consent Motion to Alter Briefing Schedule Notice of Waiver of Oral Argument by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail (Sandoval-Moshenberg, Simon) (Entered: 12/10/2018)

Dec. 10, 2018 PACER
67

ORDER granting 65 Consent Motion to Amend/Correct. Signed by District Judge Leonie M. Brinkema on 12/10/2018. (See order for further details). (acha, ) (Entered: 12/10/2018)

Dec. 10, 2018 PACER
68

NOTICE by Alex Azar, Natasha David, Scott Lloyd, Steven Wagner of Party Substitution (Yang, Catherine) (Entered: 12/21/2018)

Dec. 21, 2018 PACER
69

MOTION for Extension of Time to Amend 67 Order on Motion to Amend/Correct Motion to Alter Briefing Schedule by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 01/03/2019)

Jan. 3, 2019 PACER
70

Waiver of re 69 MOTION for Extension of Time to Amend 67 Order on Motion to Amend/Correct Motion to Alter Briefing Schedule Notice of Waiver of Oral Argument by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail (Sandoval-Moshenberg, Simon) (Entered: 01/03/2019)

Jan. 3, 2019 PACER
71

ORDER granting 69 Motion to Alter Briefing Schedule and for good cause shown, the Court hereby orders as follows:1. The Consent Order dated December 10, 2018 67 is hereby VACATED.. Signed by District Judge Leonie M. Brinkema on 01/03/2019. (see Order for further details) (dvanm, ) (Entered: 01/03/2019)

Jan. 3, 2019 PACER
72

MOTION for Leave to File Third Amended Complaint by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Third Amended Complaint, # 2 Exhibit Exh 1 to Third Am. Compl., # 3 Exhibit Exh 2 to Third Am. Compl., # 4 Exhibit Exh 3 to Third Am. Compl., # 5 Exhibit Exh 4 to Third Am. Compl., # 6 Exhibit Exh 5 to Third Am. Compl., # 7 Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 01/18/2019)

Jan. 18, 2019 PACER
73

Notice of Hearing Date set for Feb. 15, 2019, 10:00am re 72 MOTION for Leave to File Third Amended Complaint (Sandoval-Moshenberg, Simon) (Entered: 01/18/2019)

Jan. 18, 2019 PACER
74

Second MOTION to Certify Class Plaintiffs' Second Supplemental Motion for Class Certification by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 01/18/2019)

Jan. 18, 2019 PACER
75

Memorandum in Support re 74 Second MOTION to Certify Class Plaintiffs' Second Supplemental Motion for Class Certification filed by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Sandoval-Moshenberg, Simon) (Entered: 01/18/2019)

Jan. 18, 2019 PACER
76

Notice of Hearing Date set for Feb. 15, 2019, 10:00am re 75 Memorandum in Support,, 74 Second MOTION to Certify Class Plaintiffs' Second Supplemental Motion for Class Certification (Sandoval-Moshenberg, Simon) (Entered: 01/18/2019)

Jan. 18, 2019 PACER

Set Deadlines as to 74 Second MOTION to Certify Class Plaintiffs' Second Supplemental Motion for Class Certification, 72 MOTION for Leave to File Third Amended Complaint. Motion Hearing set for 2/15/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, )

Jan. 22, 2019 PACER

Set Motion and R&R Deadlines/Hearings

Jan. 22, 2019 PACER
77

NOTICE of Appearance by Mary Catherine Bauer on behalf of Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail (Bauer, Mary) (Main Document 77 replaced with non fillable form on 1/24/2019) (dvanm, ). (Entered: 01/23/2019)

Jan. 23, 2019 PACER
78

Motion to appear Pro Hac Vice by Laura Rivera and Certification of Local Counsel Mary Bauer Filing fee $ 75, receipt number 0422-6458455. by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Bauer, Mary) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
79

Motion to appear Pro Hac Vice by Luz Lopez and Certification of Local Counsel Mary Bauer Filing fee $ 75, receipt number 0422-6458484. by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Bauer, Mary) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
80

Motion to appear Pro Hac Vice by Saira Draper and Certification of Local Counsel Mary Bauer Filing fee $ 75, receipt number 0422-6458494. by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Bauer, Mary) (Entered: 01/23/2019)

Jan. 23, 2019 PACER

State / Territory: Virginia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 20, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Minors from Honduras and Guatemala who fled their home countries in fear and were taken into the custody of the Office of Refugee Resettlement for periods greater than six months and their sponsors.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Office of Refugee Resettlement (Washington), Federal

U.S. Customs and Border Protection (Washington), Federal

Northern Virginia Juvenile Detention Center (Alexandria), State

Shenandoah Valley Juvenile Detention Center (Verona), State

Youth for Tomorrow (Bristow), Non-profit or advocacy

Defendant Type(s):

Jurisdiction-wide

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

Ex parte Young (federal or state officials)

Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589

Constitutional Clause(s):

Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Confinement/isolation

Family reunification

Habeas Corpus

Juveniles

Over/Unlawful Detention

Placement in detention facilities

Placement in shelters

Youth / Adult separation

Type of Facility:

Government-run

Non-government non-profit

Immigration/Border:

Constitutional rights

Detention - procedures

Family Separation

Refugees