Case: Abiala v. Barr

7:19-cv-00082 | U.S. District Court for the Middle District of Georgia

Filed Date: June 6, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 6, 2019, a noncitizen detained in Irwin County Detention Center filed this putative class-action lawsuit in the U.S. District Court for the Middle District of Georgia. The plaintiff alleged that the Executive Office for Immigration Review (EOIR) had a practice of setting unaffordable bonds. The complaint stated that such individuals often remain in detention for months or even years as they await the resolution of their immigration cases, and that they therefore suffer disproportionate …

On June 6, 2019, a noncitizen detained in Irwin County Detention Center filed this putative class-action lawsuit in the U.S. District Court for the Middle District of Georgia. The plaintiff alleged that the Executive Office for Immigration Review (EOIR) had a practice of setting unaffordable bonds. The complaint stated that such individuals often remain in detention for months or even years as they await the resolution of their immigration cases, and that they therefore suffer disproportionate consequences that detainees with greater financial means do not--separation from their families, obstacles to employment, deprivation of adequate medical care, harsh living conditions, and inability find attorney representation.

The lawsuit named U.S. Attorney General William Barr, the Director of the Executive Office for Immigration Review (EOIR); the Acting Secretary of the Department of Homeland Security (DHS); the Acting Director of U.S. Immigration and Customs Enforcement (ICE); the Director of the ICE Atlanta Field Office; and the Warden of the Irwin County Detention Center. The plaintiff filed these claims under the All Writs Act; the Immigration and Nationality Act; the Declaratory Judgement Act; and Habeas Corpus. Represented by the American Civil Liberties Union (ACLU) Foundation Immigrants’ Rights Project and the ACLU of Georgia, the plaintiff sought declaratory and injunctive relief, claiming violations of Fifth Amendment due process and equal protection and the Immigration and Nationality Act.

Within the complaint, the plaintiff also sought to certify a class of “All individuals who are or will be detained pursuant to 8 U.S.C. § 1226(a) on a monetary bond set by an U.S. Immigration and Customs Enforcement officer and/or an immigration judge in the Middle District of Georgia.” This motion was eventually withdrawn, and the plaintiff filed a new motion for class certification on August 14, 2019 for those who are or will be detained on a monetary bond set by an ICE officer and/or an Immigration Judge in the Middle District of Georgia.

The plaintiff also filed a second motion for a preliminary injunction on August 14, asking the court to enjoin the defendants to establish bond-setting procedures that would protect the entire class from unlawful detention based on their lack of financial resources.

On September 2, 2019, Torres-Soto was removed from the suit, and the case was renamed. Abiala v. Barr. On October 8, the defendants filed a motion to dismiss for failure to state a claim and for lack of jurisdiction.

As of May 27, 2020, both the motion for preliminary injunction and the motion to dismiss are pending.

Summary Authors

Cedar Hobbs (10/6/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15752142/parties/abiala-v-barr/


Judge(s)

Lawson, Hugh (Georgia)

Attorneys(s) for Plaintiff

Brooke, Samuel (Alabama)

Degnan, Ellen (Alabama)

Hirst, Kevin (District of Columbia)

Sawhney, Neil (Louisiana)

Tan, Michael K. T. (New York)

Wang, Ivy (Louisiana)

Werner, Daniel (Georgia)

Young, Sean (Georgia)

Attorneys(s) for Defendant

Davila, Yamileth G. (District of Columbia)

Judge(s)

Lawson, Hugh (Georgia)

Attorneys(s) for Plaintiff

Brooke, Samuel (Alabama)

Degnan, Ellen (Alabama)

Hirst, Kevin (District of Columbia)

Sawhney, Neil (Louisiana)

Tan, Michael K. T. (New York)

Wang, Ivy (Louisiana)

Werner, Daniel (Georgia)

Young, Sean (Georgia)

Attorneys(s) for Defendant

Davila, Yamileth G. (District of Columbia)

Wall, Sheetul Sheth (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 4, 2019 Docket
1

Complaint

Torres-Soto v. Barr

June 6, 2019 Complaint
33

Amended Complaint

Aug. 2, 2019 Complaint

Resources

Title Description External URL

TORRES-SOTO, ET AL. V. WILLIAM BARR, ET AL.Torres-Soto, et al. v. William Barr, et al.

Southern Poverty Law Center

TORRES-SOTO, ET AL. V. WILLIAM BARR, ET AL.<br> Federal immigration authorities detained thousands of people each month in Georgia’s Irwin County Detention Center and Stewart Detention Center, even … June 6, 2019 https://www.splcenter.org/seeking-justice/case-docket/torres-soto-et-al-v-william-barr-et-al

Torres-Soto v. Barr

American Civil Liberties Union

The American Civil Liberties Union, ACLU of Georgia, and Southern Poverty Law Center filed a federal lawsuit challenging the Trump administration’s cash bail system that discriminates against people … June 6, 2019 https://www.acluga.org/en/cases/torres-soto-v-barr

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15752142/abiala-v-barr/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against All Defendants Fee paid: Receipt # AGAMDC−3180958, $400 filed by All Plaintiffs (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019
1

COMPLAINT against All Defendants Fee paid: Receipt # AGAMDC-3180958, $400 filed by All Plaintiffs (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019 PACER
2

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by Jose Torres-Soto Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3181032, $100 (Attachments: # 1 Certificate of Good Standing)(WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019 PACER
2

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by Jose Torres−Soto Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC−3181032, $100 (Attachments: # 1 Certificate of Good Standing)(WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019
4

MOTION to Certify Class by Jose Torres−Soto filed by DANIEL WERNER. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019
3

MOTION for Leave to File Excess Pages for Memorandum in Support of Plaintiff's Motion for Preliminary Injunction by Jose Torres-Soto filed by DANIEL WERNER. (Attachments: # 1 Proposed Order, # 2 Proposed Overlength Pleading)(WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019 PACER
5

MOTION for Preliminary Injunction by Jose Torres−Soto filed by DANIEL WERNER. (Attachments: # 1 Proposed Order)(WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019
4

MOTION to Certify Class by Jose Torres-Soto filed by DANIEL WERNER. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019 PACER
6

AFFIDAVIT in Support filed by Jose Torres−Soto re 4 MOTION to Certify Class, 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019
5

MOTION for Preliminary Injunction by Jose Torres-Soto filed by DANIEL WERNER. (Attachments: # 1 Proposed Order)(WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019 PACER
6

AFFIDAVIT in Support filed by Jose Torres-Soto re 4 MOTION to Certify Class, 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019 PACER
7

AFFIDAVIT in Support filed by Jose Torres−Soto re 4 MOTION to Certify Class, 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019
8

AFFIDAVIT in Support filed by Jose Torres−Soto re 4 MOTION to Certify Class, 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019
7

AFFIDAVIT in Support filed by Jose Torres-Soto re 4 MOTION to Certify Class, 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019 PACER
8

AFFIDAVIT in Support filed by Jose Torres-Soto re 4 MOTION to Certify Class, 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019 PACER
9

AFFIDAVIT in Support filed by Jose Torres−Soto re 4 MOTION to Certify Class, 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019
9

AFFIDAVIT in Support filed by Jose Torres-Soto re 4 MOTION to Certify Class, 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019 PACER
10

AFFIDAVIT in Support filed by Jose Torres−Soto re 4 MOTION to Certify Class, 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019
11

AFFIDAVIT in Support filed by Jose Torres−Soto re 4 MOTION to Certify Class, 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019
10

AFFIDAVIT in Support filed by Jose Torres-Soto re 4 MOTION to Certify Class, 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019 PACER
11

AFFIDAVIT in Support filed by Jose Torres-Soto re 4 MOTION to Certify Class, 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019 PACER
12

AFFIDAVIT in Support filed by Jose Torres−Soto re 4 MOTION to Certify Class, 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019
13

AFFIDAVIT in Support filed by Jose Torres−Soto re 5 MOTION for Preliminary Injunction, 4 MOTION to Certify Class (Attachments: # 1 Exhibit A − U.S. DHS report re Alternatives to Detention, # 2 Exhibit B − U.S. Gov't Accountability Office report re Alternatives to Detention, # 3 Exhibit C − SPLC report re Immigration Detention in the South, # 4 Exhibit D − Eagly, et al. study re Access to Counsel in Immigration Court, # 5 Exhibit E − Markowitz report re Availability and Adequacy of Counsel in Removal Proceedings, # 6 Exhibit F − Schnacke report re Fundamentals of Bail, # 7 Exhibit G − Srikantiah essay re Reconsidering Money Bail in Immigration Detention, # 8 Exhibit H − Gouldin article re Disentangling Flight Risk from Dangerousness, # 9 Exhibit I − Gupta, et al. report re Evidence from Judge Randomization, # 10 Exhibit J − Eagly, et al. report re Access to Counsel in Immigration Court)(WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019
12

AFFIDAVIT in Support filed by Jose Torres-Soto re 4 MOTION to Certify Class, 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019 PACER
13

AFFIDAVIT in Support filed by Jose Torres-Soto re 5 MOTION for Preliminary Injunction, 4 MOTION to Certify Class (Attachments: # 1 Exhibit A - U.S. DHS report re Alternatives to Detention, # 2 Exhibit B - U.S. Gov't Accountability Office report re Alternatives to Detention, # 3 Exhibit C - SPLC report re Immigration Detention in the South, # 4 Exhibit D - Eagly, et al. study re Access to Counsel in Immigration Court, # 5 Exhibit E - Markowitz report re Availability and Adequacy of Counsel in Removal Proceedings, # 6 Exhibit F - Schnacke report re Fundamentals of Bail, # 7 Exhibit G - Srikantiah essay re Reconsidering Money Bail in Immigration Detention, # 8 Exhibit H - Gouldin article re Disentangling Flight Risk from Dangerousness, # 9 Exhibit I - Gupta, et al. report re Evidence from Judge Randomization, # 10 Exhibit J - Eagly, et al. report re Access to Counsel in Immigration Court)(WERNER, DANIEL) (Entered: 06/06/2019)

June 6, 2019 PACER
14

Summons Issued as to WILLIAM BARR. (Attachments: # 1 Summons issued for Phil Bickham, # 2 Summons issued for Sean Gallagher, # 3 Summons issued for Kevin McAleenan, # 4 Summons issued for James McHenry, # 5 Summons issued for Mark Morgan)(rlw) (Entered: 06/07/2019)

June 7, 2019
14

Summons Issued as to WILLIAM BARR. (Attachments: # 1 Summons issued for Phil Bickham, # 2 Summons issued for Sean Gallagher, # 3 Summons issued for Kevin McAleenan, # 4 Summons issued for James McHenry, # 5 Summons issued for Mark Morgan)(rlw) (Entered: 06/07/2019)

June 7, 2019 PACER

Notice of Deficiency (related document(s): 13 Affidavit in Support of Motion,,, filed by JOSE TORRES−SOTO, 12 Affidavit in Support of Motion filed by JOSE TORRES−SOTO, 11 Affidavit in Support of Motion filed by JOSE TORRES−SOTO, 10 Affidavit in Support of Motion filed by JOSE TORRES−SOTO, 5 Motion for Preliminary Injunction filed by JOSE TORRES−SOTO, 7 Affidavit in Support of Motion filed by JOSE TORRES−SOTO, 8 Affidavit in Support of Motion filed by JOSE TORRES−SOTO, 6 Affidavit in Support of Motion filed by JOSE TORRES−SOTO, 9 Affidavit in Support of Motion filed by JOSE TORRES−SOTO ) − A MOTION AND ANY SUPPORTING DOCUMENTS FILED CONCURRENTLY WITH THAT MOTION (e.g., MEMORANDUM IN SUPPORT, STATEMENT OF MATERIAL OF FACTS, EXHIBITS, AFFIDAVIT) SHOULD BE FILED IN A SINGLE DOCKET ENTRY. See CM/ECF Administrative Procedures. NO NEED TO REFILE.(rlw) (Entered: 06/07/2019)

June 7, 2019

Notice of Deficiency (related document(s): 13 Affidavit in Support of Motion,,, filed by JOSE TORRES-SOTO, 12 Affidavit in Support of Motion filed by JOSE TORRES-SOTO, 11 Affidavit in Support of Motion filed by JOSE TORRES-SOTO, 10 Affidavit in Support of Motion filed by JOSE TORRES-SOTO, 5 Motion for Preliminary Injunction filed by JOSE TORRES-SOTO, 7 Affidavit in Support of Motion filed by JOSE TORRES-SOTO, 8 Affidavit in Support of Motion filed by JOSE TORRES-SOTO, 6 Affidavit in Support of Motion filed by JOSE TORRES-SOTO, 9 Affidavit in Support of Motion filed by JOSE TORRES-SOTO ) - A MOTION AND ANY SUPPORTING DOCUMENTS FILED CONCURRENTLY WITH THAT MOTION (e.g., MEMORANDUM IN SUPPORT, STATEMENT OF MATERIAL OF FACTS, EXHIBITS, AFFIDAVIT) SHOULD BE FILED IN A SINGLE DOCKET ENTRY. See CM/ECF Administrative Procedures. NO NEED TO REFILE.(rlw)

June 7, 2019 PACER
15

Consent Form (28 USC 636(c)(1)) sent to JOSE TORRES−SOTO (rlw) (Entered: 06/07/2019)

June 7, 2019
15

Consent Form (28 USC 636(c)(1)) sent to JOSE TORRES-SOTO (rlw) (Entered: 06/07/2019)

June 7, 2019 PACER
17

This is a text only entry; no document issued. ORDER granting 3 Motion for Leave to File Excess Pages. Plaintiff's Memorandum in Support of his Motion for Preliminary Injunction shall not exceed 31 pages. Ordered by US DISTRICT JUDGE HUGH LAWSON on 6/10/2019. (aks) (Entered: 06/10/2019)

June 10, 2019
18

MEMORANDUM in Support filed by JOSE TORRES−SOTO re: 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/10/2019)

June 10, 2019
16

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by IVY WANG (nop) (Entered: 06/07/2019)

June 7, 2019 PACER
19

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by JOSE TORRES−SOTO Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC−3183424, $100 (Attachments: # 1 Certificate of Good Standing)(WERNER, DANIEL) (Entered: 06/10/2019)

June 10, 2019
17

This is a text only entry; no document issued. ORDER granting 3 Motion for Leave to File Excess Pages. Plaintiff's Memorandum in Support of his Motion for Preliminary Injunction shall not exceed 31 pages. Ordered by US DISTRICT JUDGE HUGH LAWSON on 6/10/2019. (aks) (Entered: 06/10/2019)

June 10, 2019 PACER

Order on Motion for Leave to File Excess Pages

June 10, 2019 PACER
20

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by JOSE TORRES−SOTO Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC−3183429, $100 (Attachments: # 1 Certificate of Good Standing)(WERNER, DANIEL) (Entered: 06/10/2019)

June 10, 2019
18

MEMORANDUM in Support filed by JOSE TORRES-SOTO re: 5 MOTION for Preliminary Injunction (WERNER, DANIEL) (Entered: 06/10/2019)

June 10, 2019 PACER
21

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by JOSE TORRES−SOTO Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC−3184048, $100 (Attachments: # 1 Certificate of Good Standing)(TAN, MICHAEL) (Entered: 06/11/2019)

June 11, 2019
19

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by JOSE TORRES-SOTO Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3183424, $100 (Attachments: # 1 Certificate of Good Standing)(WERNER, DANIEL) (Entered: 06/10/2019)

June 10, 2019 PACER
22

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by MICHAEL TAN (nop) (Entered: 06/11/2019)

June 11, 2019
20

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by JOSE TORRES-SOTO Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3183429, $100 (Attachments: # 1 Certificate of Good Standing)(WERNER, DANIEL) (Entered: 06/10/2019)

June 10, 2019 PACER
23

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by JOSE TORRES−SOTO Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC−3193003, $100 (Attachments: # 1 Certificate of Good Standing)(WANG, IVY) (Entered: 06/21/2019)

June 21, 2019
24

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by NEIL K SAWHNEY (nop) (Entered: 06/21/2019)

June 21, 2019
21

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by JOSE TORRES-SOTO Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3184048, $100 (Attachments: # 1 Certificate of Good Standing)(TAN, MICHAEL) (Entered: 06/11/2019)

June 11, 2019 PACER
25

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by JOSE TORRES−SOTO Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC−3195610, $100 (Attachments: # 1 Certificate of Good Standing − Samuel Brooke)(WANG, IVY) (Entered: 06/25/2019)

June 25, 2019
22

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by MICHAEL TAN (nop) (Entered: 06/11/2019)

June 11, 2019 PACER
26

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by SAMUEL BROOKE (nop) (Entered: 06/26/2019)

June 26, 2019
23

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by JOSE TORRES-SOTO Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3193003, $100 (Attachments: # 1 Certificate of Good Standing)(WANG, IVY) (Entered: 06/21/2019)

June 21, 2019 PACER
24

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by NEIL K SAWHNEY (nop) (Entered: 06/21/2019)

June 21, 2019 PACER
27

SUMMONS Returned Executed by JOSE TORRES−SOTO as to PHIL BICKHAM. (WANG, IVY) (Entered: 07/08/2019)

July 8, 2019
25

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by JOSE TORRES-SOTO Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3195610, $100 (Attachments: # 1 Certificate of Good Standing - Samuel Brooke)(WANG, IVY) (Entered: 06/25/2019)

June 25, 2019 PACER
28

SUMMONS Returned Executed by JOSE TORRES−SOTO as to WILLIAM BARR. (WANG, IVY) (Entered: 07/17/2019)

July 17, 2019
26

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by SAMUEL BROOKE (nop) (Entered: 06/26/2019)

June 26, 2019 PACER
29

SUMMONS Returned Executed by JOSE TORRES−SOTO as to SEAN GALLAGHER. (WANG, IVY) (Entered: 07/17/2019)

July 17, 2019
30

SUMMONS Returned Executed by JOSE TORRES−SOTO as to KEVIN K MCALEENAN. (WANG, IVY) (Entered: 07/17/2019)

July 17, 2019
27

SUMMONS Returned Executed by JOSE TORRES-SOTO as to PHIL BICKHAM. (WANG, IVY) (Entered: 07/08/2019)

July 8, 2019 PACER
28

SUMMONS Returned Executed by JOSE TORRES-SOTO as to WILLIAM BARR. (WANG, IVY) (Entered: 07/17/2019)

July 17, 2019 PACER
31

SUMMONS Returned Executed by JOSE TORRES−SOTO as to JAMES MCHENRY. (WANG, IVY) (Entered: 07/17/2019)

July 17, 2019
29

SUMMONS Returned Executed by JOSE TORRES-SOTO as to SEAN GALLAGHER. (WANG, IVY) (Entered: 07/17/2019)

July 17, 2019 PACER
32

SUMMONS Returned Executed by JOSE TORRES−SOTO as to MARK A MORGAN. (WANG, IVY) (Entered: 07/17/2019)

July 17, 2019
30

SUMMONS Returned Executed by JOSE TORRES-SOTO as to KEVIN K MCALEENAN. (WANG, IVY) (Entered: 07/17/2019)

July 17, 2019 PACER
33

AMENDED 1 Complaint, against WILLIAM BARR, SEAN GALLAGHER, KEVIN K MCALEENAN, JAMES MCHENRY, MICHAEL J DONAHUE, MATTHEW T. ALBENCE, DAVID PAULK by Olamide Kolade Adebayo Abiala (SAWHNEY, NEIL) (Entered: 08/02/2019)

Aug. 2, 2019
34

Summons Issued as to MATTHEW T. ALBENCE. (Attachments: # 1 Summons issued for Michael Donahue, # 2 Summons issued for David Paulk)(rlw) (Entered: 08/02/2019)

Aug. 2, 2019
31

SUMMONS Returned Executed by JOSE TORRES-SOTO as to JAMES MCHENRY. (WANG, IVY) (Entered: 07/17/2019)

July 17, 2019 PACER
32

SUMMONS Returned Executed by JOSE TORRES-SOTO as to MARK A MORGAN. (WANG, IVY) (Entered: 07/17/2019)

July 17, 2019 PACER
35

NOTICE of Attorney Appearance by SHEETUL S WALL on behalf of All Defendants Attorney SHEETUL S WALL added to party MATTHEW T ALBENCE(pty:dft), Attorney SHEETUL S WALL added to party WILLIAM BARR(pty:dft), Attorney SHEETUL S WALL added to party MICHAEL J DONAHUE(pty:dft), Attorney SHEETUL S WALL added to party SEAN GALLAGHER(pty:dft), Attorney SHEETUL S WALL added to party KEVIN K MCALEENAN(pty:dft), Attorney SHEETUL S WALL added to party JAMES MCHENRY(pty:dft), Attorney SHEETUL S WALL added to party DAVID PAULK(pty:dft) (WALL, SHEETUL) (Entered: 08/14/2019)

Aug. 14, 2019
36

WITHDRAWAL of Motion re 4 MOTION to Certify Class filed by JOSE TORRES−SOTO (SAWHNEY, NEIL) (Entered: 08/14/2019)

Aug. 14, 2019
33

AMENDED 1 Complaint, against WILLIAM BARR, SEAN GALLAGHER, KEVIN K MCALEENAN, JAMES MCHENRY, MICHAEL J DONAHUE, MATTHEW T. ALBENCE, DAVID PAULK by Olamide Kolade Adebayo Abiala (SAWHNEY, NEIL) (Entered: 08/02/2019)

Aug. 2, 2019 PACER
37

WITHDRAWAL of Motion re 5 MOTION for Preliminary Injunction filed by JOSE TORRES−SOTO (SAWHNEY, NEIL) (Entered: 08/14/2019)

Aug. 14, 2019

Notice of Deficiency (related document(s): Notice to Counsel - Sean J. Young. Your contact information in CM/ECF is not current. Please update your contact information via PACER. (rlw)

Aug. 2, 2019 PACER
34

Summons Issued as to MATTHEW T. ALBENCE. (Attachments: # 1 Summons issued for Michael Donahue, # 2 Summons issued for David Paulk)(rlw) (Entered: 08/02/2019)

Aug. 2, 2019 PACER
38

SECOND MOTION for Preliminary Injunction by OLAMIDE KOLADE ABEBAYO ABIALA filed by NEIL SAWHNEY. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Declaration of Plaintiff Olamide Abiala, # 3 Proposed Order)(SAWHNEY, NEIL) (Entered: 08/14/2019)

Aug. 14, 2019
35

NOTICE of Attorney Appearance by SHEETUL S WALL on behalf of All Defendants Attorney SHEETUL S WALL added to party MATTHEW T ALBENCE(pty:dft), Attorney SHEETUL S WALL added to party WILLIAM BARR(pty:dft), Attorney SHEETUL S WALL added to party MICHAEL J DONAHUE(pty:dft), Attorney SHEETUL S WALL added to party SEAN GALLAGHER(pty:dft), Attorney SHEETUL S WALL added to party KEVIN K MCALEENAN(pty:dft), Attorney SHEETUL S WALL added to party JAMES MCHENRY(pty:dft), Attorney SHEETUL S WALL added to party DAVID PAULK(pty:dft) (WALL, SHEETUL) (Entered: 08/14/2019)

Aug. 14, 2019 PACER
39

SECOND MOTION to Certify Class by OLAMIDE KOLADE ABEBAYO ABIALA filed by NEIL SAWHNEY. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Declaration of Plaintiff Olamide Abiala, # 3 Proposed Order)(SAWHNEY, NEIL) (Entered: 08/14/2019)

Aug. 14, 2019
36

WITHDRAWAL of Motion re 4 MOTION to Certify Class filed by JOSE TORRES-SOTO (SAWHNEY, NEIL) (Entered: 08/14/2019)

Aug. 14, 2019 PACER
40

NOTICE of Attorney Appearance by YAMILETH DAVILA on behalf of All Defendants Attorney YAMILETH DAVILA added to party MATTHEW T ALBENCE(pty:dft), Attorney YAMILETH DAVILA added to party WILLIAM BARR(pty:dft), Attorney YAMILETH DAVILA added to party MICHAEL J DONAHUE(pty:dft), Attorney YAMILETH DAVILA added to party SEAN GALLAGHER(pty:dft), Attorney YAMILETH DAVILA added to party KEVIN K MCALEENAN(pty:dft), Attorney YAMILETH DAVILA added to party JAMES MCHENRY(pty:dft), Attorney YAMILETH DAVILA added to party DAVID PAULK(pty:dft) (DAVILA, YAMILETH) (Entered: 08/15/2019)

Aug. 15, 2019
41

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by KEVIN HIRST (nop) (Entered: 08/23/2019)

Aug. 23, 2019
37

WITHDRAWAL of Motion re 5 MOTION for Preliminary Injunction filed by JOSE TORRES-SOTO (SAWHNEY, NEIL) (Entered: 08/14/2019)

Aug. 14, 2019 PACER
38

SECOND MOTION for Preliminary Injunction by OLAMIDE KOLADE ABEBAYO ABIALA filed by NEIL SAWHNEY. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Declaration of Plaintiff Olamide Abiala, # 3 Proposed Order)(SAWHNEY, NEIL) (Entered: 08/14/2019)

Aug. 14, 2019 PACER
42

SUMMONS Returned Executed by OLAMIDE KOLADE ABEBAYO ABIALA as to MATTHEW T ALBENCE, WILLIAM BARR, SEAN GALLAGHER, KEVIN K MCALEENAN, JAMES MCHENRY. (SAWHNEY, NEIL) (Entered: 08/23/2019)

Aug. 23, 2019
39

SECOND MOTION to Certify Class by OLAMIDE KOLADE ABEBAYO ABIALA filed by NEIL SAWHNEY. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Declaration of Plaintiff Olamide Abiala, # 3 Proposed Order)(SAWHNEY, NEIL) (Entered: 08/14/2019)

Aug. 14, 2019 PACER
43

SUMMONS Returned Executed by OLAMIDE KOLADE ABEBAYO ABIALA as to DAVID PAULK. (SAWHNEY, NEIL) (Entered: 08/23/2019)

Aug. 23, 2019
44

NOTICE of Attorney Appearance by KEVIN HIRST on behalf of All Defendants (HIRST, KEVIN) (Entered: 08/23/2019)

Aug. 23, 2019
40

NOTICE of Attorney Appearance by YAMILETH DAVILA on behalf of All Defendants Attorney YAMILETH DAVILA added to party MATTHEW T ALBENCE(pty:dft), Attorney YAMILETH DAVILA added to party WILLIAM BARR(pty:dft), Attorney YAMILETH DAVILA added to party MICHAEL J DONAHUE(pty:dft), Attorney YAMILETH DAVILA added to party SEAN GALLAGHER(pty:dft), Attorney YAMILETH DAVILA added to party KEVIN K MCALEENAN(pty:dft), Attorney YAMILETH DAVILA added to party JAMES MCHENRY(pty:dft), Attorney YAMILETH DAVILA added to party DAVID PAULK(pty:dft) (DAVILA, YAMILETH) (Entered: 08/15/2019)

Aug. 15, 2019 PACER
45

WAIVER OF SERVICE Returned Executed by OLAMIDE KOLADE ABEBAYO ABIALA. as to MICHAEL J DONAHUE (SAWHNEY, NEIL) (Entered: 09/03/2019)

Sept. 3, 2019
41

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by KEVIN HIRST (nop) (Entered: 08/23/2019)

Aug. 23, 2019 PACER
42

SUMMONS Returned Executed by OLAMIDE KOLADE ABEBAYO ABIALA as to MATTHEW T ALBENCE, WILLIAM BARR, SEAN GALLAGHER, KEVIN K MCALEENAN, JAMES MCHENRY. (SAWHNEY, NEIL) (Entered: 08/23/2019)

Aug. 23, 2019 PACER
46

UNOPPOSED MOTION for Leave to File Excess Pages for Opposition to Plaintiff's Amended Motion for Preliminary Injunction by MATTHEW T ALBENCE, WILLIAM BARR, PHIL BICKHAM, MICHAEL J DONAHUE, SEAN GALLAGHER, KEVIN K MCALEENAN, JAMES MCHENRY, MARK A MORGAN, DAVID PAULK filed by SHEETUL S WALL. (Attachments: # 1 Proposed Order)(WALL, SHEETUL) (Entered: 09/03/2019)

Sept. 3, 2019
48

RESPONSE filed by MATTHEW T ALBENCE, WILLIAM BARR, PHIL BICKHAM, MICHAEL J DONAHUE, SEAN GALLAGHER, KEVIN K MCALEENAN, JAMES MCHENRY, MARK A MORGAN, DAVID PAULK re 39 MOTION to Certify Class (Attachments: # 1 Exhibit A − Notice to Appear # 2 Exhibit B − I−305 Form − Bond )(HIRST, KEVIN) Modified text on 9/5/2019 (rlw). (Entered: 09/04/2019)

Sept. 4, 2019
43

SUMMONS Returned Executed by OLAMIDE KOLADE ABEBAYO ABIALA as to DAVID PAULK. (SAWHNEY, NEIL) (Entered: 08/23/2019)

Aug. 23, 2019 PACER
44

NOTICE of Attorney Appearance by KEVIN HIRST on behalf of All Defendants (HIRST, KEVIN) (Entered: 08/23/2019)

Aug. 23, 2019 PACER
49

RESPONSE filed by MATTHEW T ALBENCE, WILLIAM BARR, PHIL BICKHAM, MICHAEL J DONAHUE, SEAN GALLAGHER, KEVIN K MCALEENAN, JAMES MCHENRY, MARK A MORGAN, DAVID PAULK re 38 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Bond Redetermination Worksheet, # 2 Exhibit Torres−Soto I−286, # 3 Exhibit Torres−Soto I−305, # 4 Exhibit Abiala NTA, # 5 Exhibit Abiala I−286, # 6 Exhibit Abiala I−305)(DAVILA, YAMILETH) (Entered: 09/04/2019)

Sept. 4, 2019
50

NOTICE certificate of service by MATTHEW T ALBENCE, WILLIAM BARR, PHIL BICKHAM, MICHAEL J DONAHUE, SEAN GALLAGHER, KEVIN K MCALEENAN, JAMES MCHENRY, MARK A MORGAN, DAVID PAULK re 49 Response to Motion, (DAVILA, YAMILETH) (Entered: 09/04/2019)

Sept. 4, 2019
45

WAIVER OF SERVICE Returned Executed by OLAMIDE KOLADE ABEBAYO ABIALA. as to MICHAEL J DONAHUE (SAWHNEY, NEIL) (Entered: 09/03/2019)

Sept. 3, 2019 PACER
46

UNOPPOSED MOTION for Leave to File Excess Pages for Opposition to Plaintiff's Amended Motion for Preliminary Injunction by MATTHEW T ALBENCE, WILLIAM BARR, PHIL BICKHAM, MICHAEL J DONAHUE, SEAN GALLAGHER, KEVIN K MCALEENAN, JAMES MCHENRY, MARK A MORGAN, DAVID PAULK filed by SHEETUL S WALL. (Attachments: # 1 Proposed Order)(WALL, SHEETUL) (Entered: 09/03/2019)

Sept. 3, 2019 PACER

Notice of Deficiency (related document(s): 48 Response to Motion, filed by PHIL BICKHAM, MATTHEW T ALBENCE, MARK A MORGAN, DAVID PAULK, WILLIAM BARR, SEAN GALLAGHER, MICHAEL J DONAHUE, JAMES MCHENRY, KEVIN K MCALEENAN ); All documents must include a description of the exhibit(s). A generic identifier such as Exhibit A or Exhibit 1 is not acceptable. The description must be of sufficient detail to make the attachment readily identifiable to the court. No need to refile, the docket entry has been corrected by the case administrator. (rlw) (Entered: 09/05/2019)

Sept. 5, 2019
47

This is a text only entry; no document issued. ORDER granting 46 Motion for Leave to File Excess Pages. Defendants' response to Plaintiff's Amended Motion for Preliminary Injunction shall not exceed 31 pages. Ordered by US DISTRICT JUDGE HUGH LAWSON on 9/4/2019. (aks) (Entered: 09/04/2019)

Sept. 4, 2019 PACER
51

AMENDED DOCUMENT by MATTHEW T ALBENCE, WILLIAM BARR, PHIL BICKHAM, MICHAEL J DONAHUE, SEAN GALLAGHER, KEVIN K MCALEENAN, JAMES MCHENRY, MARK A MORGAN, DAVID PAULK,amending 48 Response to Motion, (Attachments: # 1 Exhibit Plaintiff's Notice to Appear, # 2 Exhibit Plaintiff's I−305)(HIRST, KEVIN) (Entered: 09/05/2019)

Sept. 5, 2019

State / Territory: Georgia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: June 6, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Immigrants detained in Georgia at Irwin County Detention Center and Stewart Detention Center, on behalf of a class of individuals who are or will be detained on a monetary bond set by an ICE officer and/or an Immigration Judge in the Middle District of Georgia.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Executive Office for Immigration Review, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

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

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

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Access to lawyers or judicial system

Access to public accommodations - governmental

Fines/Fees/Bail/Bond

Language access/needs

Placement in detention facilities

Discrimination-basis:

Immigration status

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - criteria

Detention - procedures