Case: Ryan v. ICE

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

Filed Date: April 29, 2019

Case Ongoing

Clearinghouse coding complete

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…

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.

As of September 2021, the case does not appear to be ongoing.

Summary Authors

Aaron Gurley (9/27/2019)

Lily Sawyer-Kaplan (9/10/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/15013729/parties/ryan-v-us-immigration-and-customs-enforcement/


Judge(s)

Talwani, Indira (California)

Attorneys(s) for Plaintiff

Bennion, Bradly P. (Massachusetts)

Benson, Jordan (Massachusetts)

Casale, Ralph L. (District of Columbia)

Fahey, Katherine M. (Massachusetts)

Hajec, Christopher J. (District of Columbia)

Herbert, Christopher J.C. (Massachusetts)

Hethmon, Michael M. (District of Columbia)

Nimni, Oren N. (Massachusetts)

Rubio-Spring, Alicia (Massachusetts)

Judge(s)

Talwani, Indira (California)

Attorneys(s) for Plaintiff

Bennion, Bradly P. (Massachusetts)

Benson, Jordan (Massachusetts)

Casale, Ralph L. (District of Columbia)

Fahey, Katherine M. (Massachusetts)

Hajec, Christopher J. (District of Columbia)

Herbert, Christopher J.C. (Massachusetts)

Hethmon, Michael M. (District of Columbia)

Nimni, Oren N. (Massachusetts)

Rubio-Spring, Alicia (Massachusetts)

Wayne, Wendy S. (Massachusetts)

Wiesen, Daryl L. (Massachusetts)

Zimmer, David (California)

Attorneys(s) for Defendant

Farquhar, Rayford A. (Massachusetts)

Genova, Francesca (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Kurz, Julian (District of Columbia)

Lelling, Andrew E. (Massachusetts)

Peachey, William Charles (District of Columbia)

Piemonte-Stacy, Eve (Massachusetts)

Reuveni, Erez (District of Columbia)

Sady, Michael P. (Massachusetts)

Other Attorney(s)

Ardalan, Sabrineh (Massachusetts)

Bowie, Nikolas (Massachusetts)

Torrey, Philip L. (Massachusetts)

Documents in the Clearinghouse

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
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
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
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

382 F.Supp.3d 142

June 20, 2019

June 20, 2019

Order/Opinion
97

0:19-01838

Opinion

Ryan v. U.S. Immigration and Customs Enforcement

U. S. Court of Appeals for the First Circuit

974 F.3d 9

Sept. 1, 2020

Sept. 1, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15013729/ryan-v-us-immigration-and-customs-enforcement/

Last updated Aug. 15, 2022, 3 a.m.

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

RECAP
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

RECAP
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

RECAP
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
38

AMICUS BRIEF filed by Immigration Reform Law Institute . (Bennion, Bradly) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

RECAP
39

Judge Indira Talwani: ELECTRONIC ORDER: The Motion for Admission to Appear Pro Hac Vice for Christopher J. Hajec 35 is DENIED without prejudice. Pursuant to Local Rule 83.5.3(e)(2), the motion should be brought by an attorney who is a member of the bar of this court, who shall also file an appearance. (Kinsella, Devan) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
40

Amicus Curiae APPEARANCE entered by Bradly P. Bennion on behalf of Immigration Reform Law Institute. (Bennion, Bradly) (Entered: 05/20/2019)

May 20, 2019

May 20, 2019

PACER
41

REPLY to Response to 5 MOTION for Preliminary Injunction filed by Chelsea Collaborative, Inc., Committee for Public Counsel Services, Rachael Rollins, Marian Ryan. (Zimmer, David) (Entered: 05/20/2019)

May 20, 2019

May 20, 2019

RECAP
42

First MOTION for Leave to Appear Pro Hac Vice for admission of CHRISTOPHER J. HAJEC Filing fee: $ 100, receipt number 0101-7695459 by Immigration Reform Law Institute.(Bennion, Bradly) (Main Document 42 replaced on 5/22/2019) (MacDonald, Gail). (Additional attachment(s) added on 5/22/2019: # 1 Declaration) (MacDonald, Gail). (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
43

Judge Indira Talwani: ELECTRONIC ORDER entered granting 42 Motion for Leave to Appear Pro Hac Vice Added CHRISTOPHER J. HAJEC. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (MacDonald, Gail) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER

Order on Motion for Leave to Appear

May 22, 2019

May 22, 2019

PACER
44

Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 5/23/2019 re 5 MOTION for Preliminary Injunction filed by Marian Ryan, Committee for Public Counsel Services, Chelsea Collaborative, Inc., Rachael Rollins. Case called. Court hears argument from counsel. Hearing continued to 5/28/2019 09:30 AM in Courtroom 9 before Judge Indira Talwani. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.)(Attorneys present: Rubio-Spring, Wiesen, Zimmer, Wayne, Nimni, Reuveni, Farquhar) (MacDonald, Gail) (Entered: 05/23/2019)

May 23, 2019

May 23, 2019

PACER
45

Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 5/28/2019 re 5 MOTION for Preliminary Injunction filed by Marian Ryan, Committee for Public Counsel Services, Chelsea Collaborative, Inc., Rachael Rollins. Hearing continued from 5/23/19. Case called. Court hears argument from counsel. Motion taken under advisement. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.)(Attorneys present: Rubio-Spring, Wiesen, Zimmer, Wayne, Nimni, Reuveni, Farquhar) (MacDonald, Gail) (Entered: 05/29/2019)

May 28, 2019

May 28, 2019

PACER
46

DIRECTIVE. Filed in open court on May 28, 2019 by U.S. Immigration and Customs Enforcement (Attachments: # 1 Attachments). (Kinsella, Devan) (Entered: 05/29/2019)

1 Attachments

View on PACER

May 28, 2019

May 28, 2019

RECAP
47

Transcript of Hearing on Motion for Preliminary Injunction held on May 23, 2019, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com Redaction Request due 6/20/2019. Redacted Transcript Deadline set for 7/1/2019. Release of Transcript Restriction set for 8/28/2019. (Scalfani, Deborah) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
48

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
49

Transcript of Hearing on Motion for Preliminary Injunction - Day Two held on May 28, 2019, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com Redaction Request due 7/10/2019. Redacted Transcript Deadline set for 7/22/2019. Release of Transcript Restriction set for 9/17/2019. (Scalfani, Deborah) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
50

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
51

Judge Indira Talwani: MEMORANDUM AND ORDER. (Kinsella, Devan) (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

RECAP
52

Judge Indira Talwani: ORDER OF PRELIMINARY INJUNCTION. (Kinsella, Devan) (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

RECAP
53

Assented to MOTION for Extension of Time to August 27, 2019 to File Answer re 1 Complaint,, by Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement.(Kurz, Julian) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

RECAP
54

Judge Indira Talwani: ELECTRONIC ORDER granting Assented-to Motion for Extension of Time to Respond to Complaint 53 . The assented-to motion is allowed in order to permit Defendants' counsel to focus on whether to appeal the court's Order Granting Preliminary Injunction before being required to prepare a response to the complaint. The court does not adopt Defendants' assumption that an appeal of the motion for a preliminary injunction necessarily precludes simultaneous district court litigation. See 16 Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure ยง 3921.2 at 58 (3d ed. 2012) ("Ordinarily an interlocutory injunction appeal under [28 U.S.C.] ยง 1292(a)(1) does not defeat the power of the trial court to proceed further with the case."). (Kinsella, Devan) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER

Order on Motion for Extension of Time to Answer

June 28, 2019

June 28, 2019

PACER
55

NOTICE OF APPEAL as to 52 Preliminary Injunction, 51 Memorandum & ORDER, Terminate Motions by Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement Fee Status: US Government. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 9/5/2019. (Kurz, Julian) (Entered: 08/16/2019)

Aug. 16, 2019

Aug. 16, 2019

RECAP
56

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 55 Notice of Appeal. (Paine, Matthew) (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

RECAP
57

USCA Case Number 19-1838 for 55 Notice of Appeal filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Matthew T. Albence, Kevin McAleenan, Todd M. Lyons. (Paine, Matthew) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
58

Assented to MOTION for Extension of Time to October 28, 2019 to File Answer re 1 Complaint,, by Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement.(Genova, Francesca) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
59

NOTICE of Withdrawal of Appearance by Jordan Benson (Benson, Jordan) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
60

Judge Indira Talwani: ELECTRONIC ORDER entered granting 58 Motion for Extension of Time to Answer re 1 Complaint. Answer/Response to Complaint due 10/29/19 from all Defendants. (MacDonald, Gail) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER

Order on Motion for Extension of Time to Answer

Aug. 28, 2019

Aug. 28, 2019

PACER
61

STIPULATION and [Proposed Order] by Chelsea Collaborative, Inc., Committee for Public Counsel Services, Rachael Rollins, Marian Ryan. (Zimmer, David) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

RECAP
62

Judge Indira Talwani: ORDER entered re 61 Stipulation. 1. Defendants shall file their motion to dismiss the Complaint on or before December 13, 2019. 2. Plaintiffs shall file their opposition to Defendants' motion to dismiss on or before January 31, 2020. 3. Defendants shall file any reply brief in support of their motion to dismiss on or before February 28, 2020. Scheduling Conf. to be set by the clerk. (MacDonald, Gail) Modified on 12/10/2019, to correct dates in docket entry text (MacDonald, Gail). (Entered: 10/24/2019)

Oct. 23, 2019

Oct. 23, 2019

RECAP
63

NOTICE of Scheduling Conference: Scheduling Conference set for 1/6/2020 03:00 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

RECAP
64

Consent MOTION to Continue Scheduling Conference to January 22, 2020 at 2:30 p.m. by Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement.(Genova, Francesca) (Entered: 12/13/2019)

Dec. 13, 2019

Dec. 13, 2019

RECAP
65

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 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, ICE Directive 11072.1, # 2 Exhibit B, Enforcement Actions at or Near Courthouses, # 3 Exhibit C, ICE Directive 10076.1, # 4 Exhibit D, ICE Policy 10036.1)(Genova, Francesca) (Entered: 12/13/2019)

1 Exhibit A, ICE Directive 11072.1

View on RECAP

2 Exhibit B, Enforcement Actions at or Near Courthouses

View on RECAP

3 Exhibit C, ICE Directive 10076.1

View on RECAP

4 Exhibit D, ICE Policy 10036.1

View on RECAP

Dec. 13, 2019

Dec. 13, 2019

RECAP
66

Judge Indira Talwani: ELECTRONIC ORDER: ALLOWING 64 Motion to Continue Scheduling Conference reset to January 22, 2020 02:30 PM in Courtroom 9 before Judge Indira Talwani. (Kelly, Danielle) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER

Order on Motion to Continue

Dec. 16, 2019

Dec. 16, 2019

PACER
67

JOINT STATEMENT re scheduling conference . (Attachments: # 1 Exhibit A)(Zimmer, David) (Entered: 01/15/2020)

1 Exhibit A

View on RECAP

Jan. 15, 2020

Jan. 15, 2020

RECAP
68

NOTICE by Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement of Filing of Administrative Record (Attachments: # 1 Index to Administrative Record, # 2 Certification, # 3 Administrative Record)(Genova, Francesca) (Entered: 01/17/2020)

1 Index to Administrative Record

View on RECAP

2 Certification

View on PACER

3 Administrative Record

View on PACER

Jan. 17, 2020

Jan. 17, 2020

RECAP
69

MOTION for Leave to Appear Pro Hac Vice for admission of Katherine L. Dacey Filing fee: $ 100, receipt number 0101-8064818 by Chelsea Collaborative, Inc., Rachael Rollins, Marian Ryan. (Attachments: # 1 Exhibit A - Certification of Katherine Dacey)(Wiesen, Daryl) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
70

Judge Indira Talwani: ELECTRONIC ORDER: ALLOWING 69 Motion for Leave to Appear Pro Hac Vice Added Katherine L. Dacey. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER

Order on Motion for Leave to Appear

Jan. 22, 2020

Jan. 22, 2020

PACER
71

CERTIFICATION pursuant to Local Rule 16.1 by Rachael Rollins, in her Official Capacity as Suffolk County District Attorney. (Rubio-Spring, Alicia) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
72

CERTIFICATION pursuant to Local Rule 16.1 by Marian Ryan, in her Official Capacity as Middlesex County District Attorney. (Rubio-Spring, Alicia) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
73

CERTIFICATION pursuant to Local Rule 16.1 by Chelsea Collaborative, Inc.. (Rubio-Spring, Alicia) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
74

CERTIFICATION pursuant to Local Rule 16.1 by Committee for Public Counsel Services. (Wayne, Wendy) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
75

CERTIFICATION pursuant to Local Rule 16.1 by Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement.(Genova, Francesca) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
76

Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 1/22/2020. Case called. Court had colloquy with counsel. Def. moved to stay discovery; denied. Discovery to be completed by 7/31/2020. An interim Status Conf. may be set once the MTD is considered. In re to ESI an electronic discovery protocol to be agreed to w/in 2 weeks of receiving initial set of request for prod. of docs. If an agreement as to protocol cannot be reached, contact the clerk and a conf. will be set. Status Conference set for 8/3/2020 02:15 PM in Courtroom 9 before Judge Indira Talwani. (Court Reporter: Rachel Lopez at raeufp@gmail.com.)(Attorneys present: Rubio-Spring, Wiesen, Dacey, Wayne, Nimni, Genova, Sady) (MacDonald, Gail) (Entered: 01/23/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
78

Judge Indira Talwani: ORDER entered. Federal Rule of Evidence 502(d) Order. Please see attached order. (Kelly, Danielle) (Entered: 01/29/2020)

Jan. 27, 2020

Jan. 27, 2020

RECAP
77

Judge Indira Talwani: ORDER entered. SCHEDULING ORDER. Please see attached order. (Kelly, Danielle) (Entered: 01/29/2020)

Jan. 28, 2020

Jan. 28, 2020

RECAP
79

Opposition re 65 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chelsea Collaborative, Inc., Committee for Public Counsel Services, Rachael Rollins, Marian Ryan. (Zimmer, David) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

RECAP
80

NOTICE by Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re 68 Notice (Other), of Filing of Supplemental Administrative Record (Attachments: # 1 Index to Supplemental Administrative Record, # 2 Certification, # 3 Supplemental Administrative Record)(Genova, Francesca) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
81

Consent MOTION for Leave to File Amici Curiae Brief by Prof. Bowie and HIRC. (Attachments: # 1 Exhibit Proposed Amici Curiae Brief)(Torrey, Philip) (Entered: 02/18/2020)

1 Exhibit Proposed Amici Curiae Brief

View on RECAP

Feb. 18, 2020

Feb. 18, 2020

RECAP
82

Judge Indira Talwani: ELECTRONIC ORDER: ALLOWING 81 Motion for Leave to File Amici Curiae Brief. The proposed brief is one-half page too long, however, and shall be revised to conform to the 20-page limit set forth in the Local Rules. The revised amicus brief shall be filed promptly and in any event no later than February 24, 2020. Counsel using the Electronic Case Filing System should file the revised amicus brief 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. (Kelly, Danielle) Modified on 2/19/2020: Edited docket text (Kelly, Danielle). (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER

Order on Motion for Leave to File Document

Feb. 19, 2020

Feb. 19, 2020

PACER
83

AMICUS BRIEF filed by Prof. Bowie and HIRC . (Torrey, Philip) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

RECAP
84

STIPULATION (Joint) on Discovery of Electronically Stored Information by Chelsea Collaborative, Inc., Committee for Public Counsel Services, Rachael Rollins, Marian Ryan. (Rubio-Spring, Alicia) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

RECAP
85

Amicus Curiae APPEARANCE entered by Nikolas Bowie on behalf of Prof. Bowie and HIRC. (Bowie, Nikolas) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

RECAP
86

REPLY to Response to 65 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Genova, Francesca) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

RECAP
87

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Sabrineh Ardalan Filing fee: $ 100, receipt number 0101-8142926 by Prof. Bowie and HIRC. (Attachments: # 1 Affidavit Affidavit of Sabrineh Ardalan, # 2 Exhibit Certificate of Good Standing)(Torrey, Philip) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER

Order on Motion for Leave to Appear

March 6, 2020

March 6, 2020

PACER
88

Judge Indira Talwani: ELECTRONIC ORDER entered: ALLOWING 87 Motion for Leave to Appear Pro Hac Vice Added Sabrineh Ardalan. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
89

Notice of Supplemental Authorities re 65 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Exhibit A)(Rubio-Spring, Alicia) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

RECAP
90

Response by Matthew T. Albence, Todd M. Lyons, Kevin McAleenan, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement to 89 Notice of Supplemental Authorities . (Genova, Francesca) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: April 29, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

District attorneys and public service organizations.

Plaintiff Type(s):

City/County Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement, Federal

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Deportation - procedure

ICE/DHS/INS raid

Sanctuary city/state

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation