Case: Ryan v. ICE

1:19-cv-11003 | U.S. District Court for the District of Massachusetts

Filed Date: April 29, 2019

Case Ongoing

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Case Summary

On April 29, 2019, the Middlesex County District Attorney, Suffolk County District Attorney, Committee for Public Counsel Services (“CPCS”), and the Chelsea Collaborative, Inc., filed this lawsuit in the U.S. District Court for the District of Massachusetts. The plaintiffs sued U.S. Immigration and Customs Enforcement (“ICE”), U.S. Department of Homeland Security, and several officials under the Administrative Procedure Act, 5 U.S.C. § 706(2)(C), and the Immigration and Nationality Act, 8 U.S.C. §§ 1226(a), 1357(a). The plaintiffs sought declaratory, injunctive, and monetary relief, claiming violations of common-law privilege against civil arrests in courthouses and the Tenth Amendment. The plaintiffs alleged that in 2017, ICE authorized a nationwide campaign to target state courthouses as sites for civil-immigration enforcement. The plaintiffs further alleged that this policy undermined the administration of justice in Massachusetts, as many permanent residents refused to appear in court out of fear of ICE interference. The case was assigned to Judge Indira Talwani.

On April 29, 2019, the plaintiffs filed a motion for preliminary injunction that sought to enjoin ICE from authorizing and conducting civil arrests on parties, witnesses, and others attending Massachusetts courthouses on official business. The plaintiffs alleged that by authorizing civil arrests in courthouses, ICE ignored the well-settled common-law privilege against such civil arrests and exceeded its statutory jurisdiction under the Immigrant and Nationality Act. Thus, the practice is unlawful and should be set aside under the APA. While the motion included other claims, the plaintiffs sought preliminary injunctive relief only on this claim.

On May 15, 2019, the defendants filed an opposition to the motion for preliminary injunction. In the opposition, the defendants disputed the existence of a common-law privilege against civil arrest in courthouses. Furthermore, the defendants argued that even if the common-law privilege existed, Congress erased the privilege when it passed the INA.

On June 20, 2019, Judge Indira Talwani granted the plaintiff’s motion for a preliminary injunction. 382 F. Supp. 3d 142. Judge Talwani found that plaintiffs had standing to bring the suit, were likely to succeed on the merits of their APA claim, and the injunction was of public interest. Thus, the defendants were enjoined from implementing the Courthouse Civil Arrest Directive and from civilly arresting parties, witnesses, and others attending Massachusetts courthouses on official business while they are going to, attending, or leaving the courthouse. The defendants appealed to the U.S. Court of Appeals for the First Circuit. 19−1838.

Meanwhile, in the district court, the defendants filed a motion for dismiss for failure to state a claim on December 13, 2019. In response, the plaintiffs filed their opposition on January 31, 2020.

On September 1, 2020, the First Circuit vacated and remanded the preliminary injunction decision to the district court. The panel, which included Judges Toruella, Selya, and Kayatta, wrote that the plaintiffs failed to show a likelihood of success on the merits of their nonderogation theory, the theory that ICE's authorization of civil courthouse arrests exceeded ICE's statutory authority because the INA implicitly incorporated a common law privilege against courthouse arrests. The First Circuit additionally held that the plaintiffs had not yet shown a likelihood of success on their APA claim. As such, the court found that the district court's ruling constituted an abuse of discretion. 974 F.3d 9. Notably, the First Circuit reserved judgment as to whether a Massachusetts common-law privilege prohibits civil courthouse arrests and, if so, whether the ICE policy interfered with Massachusetts' power to operate its judiciary.

Back in the district court, discovery continued. But the dynamics in the case changed when the Biden Administration took office in January 2021, and shortly after, the acting secretary of the Department for Homeland Security directed ICE to conduct a review of policies and practices concerning immigration enforcement. Accordingly, on April 27, 2021, the acting directors of ICE and U.S. Customs and Border Protection and revoked the policy that had been the focus of this litigation. Then, on May 21, 2021, the plaintiffs filed a notice of voluntary dismissal without prejudice, as the policy revocation mooted the plaintiffs’ claims.

	Document
1:19-cv-11003	Docket Ryan et al v. U.S. Immigration and Customs Enforcement et al	July 1, 2021	July 1, 2021 Docket
46 1:19-cv-11003	U.S. Immigration and Customs Enforcement Directive Number 11072.1 Ryan et al v. U.S. Immigration and Customs Enforcement et al	Jan. 10, 2018	Jan. 10, 2018 Statute/Ordinance/Regulation
6 1:19-cv-11003	Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction Ryan et al v. U.S. Immigration and Customs Enforcement et al	April 29, 2019	April 29, 2019 Internal memorandum
1 1:19-cv-11003	Complaint Ryan et al v. U.S. Immigration and Customs Enforcement et al	April 29, 2019	April 29, 2019 Complaint
34 1:19-cv-11003	Defendants' Opposition to the Motion for Preliminary Injunction Ryan et al v. U.S. Immigration and Customs Enforcement et al	May 15, 2019	May 15, 2019 Internal memorandum
52 1:19-cv-11003	Preliminary Injunction Ryan et al v. U.S. Immigration and Customs Enforcement et al	June 20, 2019	June 20, 2019 Order/Opinion
51 1:19-cv-11003	Memorandum & Order Granting Plaintiffs' Motion for Preliminary Injunction Ryan et al v. U.S. Immigration and Customs Enforcement et al	June 20, 2019	June 20, 2019 Order/Opinion 382 F.Supp.3d 142
97 0:19-01838	Opinion Ryan v. U.S. Immigration and Customs Enforcement U.S. Court of Appeals for the First Circuit	Sept. 1, 2020	Sept. 1, 2020 Order/Opinion 974 F.3d 9

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory Judgment and Injunctive Relief against Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement Filing fee: $ 400, receipt number 0101-7658975 (Fee Status: Filing Fee paid), filed by Chelsea Collaborative, Inc., Committee for Public Counsel Services, Rachael Rollins, Marian Ryan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet, # 11 Civil Category Sheet)(Zimmer, David) (Entered: 04/29/2019) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP 7 Exhibit G View on RECAP 8 Exhibit H View on RECAP 9 Exhibit I View on RECAP 10 Civil Cover Sheet View on RECAP 11 Civil Category Sheet View on PACER	April 29, 2019	April 29, 2019 Clearinghouse
2	NOTICE of Appearance by David Jacob Zimmer on behalf of Chelsea Collaborative, Inc., Rachael Rollins, Marian Ryan (Zimmer, David) (Entered: 04/29/2019)	April 29, 2019	April 29, 2019 PACER
3	General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Lara, Miguel) (Entered: 04/29/2019)	April 29, 2019	April 29, 2019 PACER
4	CORPORATE DISCLOSURE STATEMENT by Chelsea Collaborative, Inc.. (Zimmer, David) (Entered: 04/29/2019)	April 29, 2019	April 29, 2019 PACER
5	MOTION for Preliminary Injunction by Chelsea Collaborative, Inc., Committee for Public Counsel Services, Rachael Rollins, Marian Ryan. (Attachments: # 1 Text of Proposed Order)(Zimmer, David) (Entered: 04/29/2019) 1 Text of Proposed Order View on PACER	April 29, 2019	April 29, 2019 PACER
6	MEMORANDUM in Support re 5 MOTION for Preliminary Injunction filed by Chelsea Collaborative, Inc., Committee for Public Counsel Services, Rachael Rollins, Marian Ryan. (Zimmer, David) (Entered: 04/29/2019)	April 29, 2019	April 29, 2019 Clearinghouse
7	DECLARATION re 5 MOTION for Preliminary Injunction by Chelsea Collaborative, Inc., Committee for Public Counsel Services, Rachael Rollins, Marian Ryan. (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, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Zimmer, David) (Entered: 04/29/2019) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on RECAP 12 Exhibit 12 View on PACER 13 Exhibit 13 View on PACER 14 Exhibit 14 View on PACER	April 29, 2019	April 29, 2019 RECAP
8	ELECTRONIC NOTICE of Case Assignment. Chief Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Danieli, Chris) (Entered: 04/29/2019)	April 29, 2019	April 29, 2019 PACER
9	NOTICE of Appearance by Daryl L. Wiesen on behalf of Chelsea Collaborative, Inc., Rachael Rollins, Marian Ryan (Wiesen, Daryl) (Entered: 04/29/2019)	April 29, 2019	April 29, 2019 PACER
10	NOTICE of Appearance by Alicia Rubio-Spring on behalf of Chelsea Collaborative, Inc., Rachael Rollins, Marian Ryan (Rubio-Spring, Alicia) (Entered: 04/29/2019)	April 29, 2019	April 29, 2019 PACER
11	NOTICE of Appearance by Jordan Benson on behalf of Chelsea Collaborative, Inc., Rachael Rollins, Marian Ryan (Benson, Jordan) (Entered: 04/29/2019)	April 29, 2019	April 29, 2019 PACER
12	NOTICE of Appearance by Christopher J.C. Herbert on behalf of Chelsea Collaborative, Inc., Rachael Rollins, Marian Ryan (Herbert, Christopher) (Entered: 04/29/2019)	April 29, 2019	April 29, 2019 PACER
13	NOTICE of Appearance by Oren N. Nimni on behalf of Chelsea Collaborative, Inc. (Nimni, Oren) (Entered: 04/29/2019)	April 29, 2019	April 29, 2019 PACER
14	Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Lara, Miguel) (Entered: 04/29/2019)	April 29, 2019	April 29, 2019 PACER
15	NOTICE of Appearance by Katherine M. Fahey on behalf of Chelsea Collaborative, Inc., Rachael Rollins, Marian Ryan (Fahey, Katherine) (Entered: 04/29/2019)	April 29, 2019	April 29, 2019 PACER
16	NOTICE of Appearance by Wendy S. Wayne on behalf of Committee for Public Counsel Services (Wayne, Wendy) (Entered: 04/29/2019)	April 29, 2019	April 29, 2019 PACER
17	SUMMONS Returned Executed as to US Attorney by Committee for Public Counsel Services, Rachael Rollins, Chelsea Collaborative, Inc., Marian Ryan. Matthew T. Albence served on 4/29/2019, answer due 6/28/2019; Todd M. Lyons served on 4/29/2019, answer due 6/28/2019; Kevin McAleenan served on 4/29/2019, answer due 6/28/2019; U.S. Department of Homeland Security served on 4/29/2019, answer due 6/28/2019; U.S. Immigration and Customs Enforcement served on 4/29/2019, answer due 6/28/2019. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zimmer, David) (Entered: 05/01/2019)	May 1, 2019	May 1, 2019 PACER
18	Chief Judge Patti B. Saris: ORDER entered. Pursuant to L.R. 40.1(g)(1) and (4), I find that this case is not related to 18-cv-12452-PBS or 18-cv-10475-PBS and therefore was erroneously assigned to me. The case is returned to the Clerk for random reassignment.(Lara, Miguel) (Entered: 05/03/2019)	May 3, 2019	May 3, 2019 RECAP
19	ELECTRONIC NOTICE of Reassignment. Judge Indira Talwani added. Chief Judge Patti B. Saris no longer assigned to case. (Finn, Mary) (Entered: 05/03/2019)	May 3, 2019	May 3, 2019 PACER
20	ELECTRONIC NOTICE of Case Re-Assignment of the Magistrate Judge. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. Case no longer referred to Magistrate Donald L. Cabell. (Finn, Mary) (Entered: 05/03/2019)	May 3, 2019	May 3, 2019 PACER
21	ELECTRONIC NOTICE Setting Hearing on Motion 5 MOTION for Preliminary Injunction : Motion Hearing set for 5/23/2019 09:00 AM in Courtroom 9 before Judge Indira Talwani. Plaintiffs' counsel shall promptly serve a copy of this order on Defendants. (MacDonald, Gail) (Entered: 05/08/2019)	May 8, 2019	May 8, 2019 PACER
22	NOTICE of Appearance by Erez Reuveni on behalf of Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Reuveni, Erez) (Entered: 05/08/2019)	May 8, 2019	May 8, 2019 PACER
23	NOTICE by Chelsea Collaborative, Inc., Committee for Public Counsel Services, Rachael Rollins, Marian Ryan re 21 Notice of Hearing on Motion, Plaintiffs' Notice of Service of the Court's Electronic Notice Setting the Hearing on Plaintiffs' Motion for Preliminary Injunction (Attachments: # 1 Exhibit A)(Zimmer, David) (Entered: 05/08/2019)	May 8, 2019	May 8, 2019 PACER
24	NOTICE of Appearance by Rayford A. Farquhar on behalf of Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Farquhar, Rayford) (Entered: 05/08/2019)	May 8, 2019	May 8, 2019 PACER
25	NOTICE of Appearance by Eve A. Piemonte on behalf of Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Piemonte, Eve) (Entered: 05/10/2019)	May 10, 2019	May 10, 2019 PACER
26	NOTICE of Appearance by Julian Kurz on behalf of Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Kurz, Julian) (Entered: 05/13/2019)	May 13, 2019	May 13, 2019 PACER
27	NOTICE of Appearance by Francesca M. Genova on behalf of Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Genova, Francesca) (Entered: 05/13/2019)	May 13, 2019	May 13, 2019 PACER
28	MEMORANDUM in Opposition re 5 MOTION for Preliminary Injunction filed by Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit ICE Directive 11072.1: Civil Immigration Enforcement Inside Courthouses (Jan. 10, 2018), # 2 Exhibit Enforcement Actions at or Near Courthouses (Mar. 19, 2014), # 3 Exhibit Mem. on Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs (June 17, 2011), # 4 Text of Proposed Order)(Farquhar, Rayford) (Entered: 05/13/2019) 1 Exhibit ICE Directive 11072.1: Civil Immigration Enforcement Inside Courthouses View on PACER 2 Exhibit Enforcement Actions at or Near Courthouses (Mar. 19, 2014) View on PACER 3 Exhibit Mem. on Prosecutorial Discretion: Certain Victims, Witnesses, and Plaint View on PACER 4 Text of Proposed Order View on PACER	May 13, 2019	May 13, 2019 RECAP
29	Assented to MOTION for Leave to File Reply In Support of Motion for Preliminary Injunction by Chelsea Collaborative, Inc., Committee for Public Counsel Services, Rachael Rollins, Marian Ryan.(Zimmer, David) (Entered: 05/14/2019)	May 14, 2019	May 14, 2019 PACER
30	Assented to MOTION for Leave to File Out of Time by Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement.(Farquhar, Rayford) (Entered: 05/14/2019)	May 14, 2019	May 14, 2019 RECAP
31	Judge Indira Talwani: ELECTRONIC ORDER entered granting nunc pro tunc 30 Motion for Leave to File Document. (MacDonald, Gail) (Entered: 05/15/2019)	May 15, 2019	May 15, 2019 PACER
	Order on Motion for Leave to File Document	May 15, 2019	May 15, 2019 PACER
32	Judge Indira Talwani: ELECTRONIC ORDER entered granting 29 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MacDonald, Gail) (Entered: 05/15/2019)	May 15, 2019	May 15, 2019 PACER
33	NOTICE of Appearance by Michael P. Sady on behalf of Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Sady, Michael) (Entered: 05/15/2019)	May 15, 2019	May 15, 2019 PACER
34	MEMORANDUM in Opposition re 5 MOTION for Preliminary Injunction (Leave to File Granted - May 15, 2019) filed by Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Farquhar, Rayford) (Main Document 34 replaced on 5/20/2019) (MacDonald, Gail). (Entered: 05/15/2019) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Text of Proposed Order View on PACER	May 15, 2019	May 15, 2019 Clearinghouse
35	MOTION for Leave to Appear Pro Hac Vice for admission of Christopher J. Hajec Filing fee: $ 100, receipt number 0101-7689166 by Immigration Reform Law Institute.(Bennion, Bradly) (Entered: 05/16/2019)	May 16, 2019	May 16, 2019 PACER
36	MOTION for Leave to File Amicus Brief by Immigration Reform Law Institute. (Attachments: # 1 Supplement)(Bennion, Bradly) (Entered: 05/16/2019)	May 16, 2019	May 16, 2019 PACER
37	Judge Indira Talwani: ELECTRONIC ORDER GRANTING Motion for Leave to File Amicus Brief 36 . Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kinsella, Devan) (Entered: 05/17/2019)	May 17, 2019	May 17, 2019 PACER
	Order on Motion for Leave to File Document	May 17, 2019	May 17, 2019 PACER
	Order on Motion for Leave to Appear	May 17, 2019	May 17, 2019 PACER

Case: Ryan v. ICE

1:19-cv-11003 | U.S. District Court for the District of Massachusetts

Case Summary

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Docket

Case Details