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 attrorneys, 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

7:19-cv-00082

Docket [PACER]

Oct. 4, 2019

Oct. 4, 2019

Docket
1

7:19-cv-00082

Complaint

Torres-Soto v. Barr

June 6, 2019

June 6, 2019

Complaint
33

7:19-cv-00082

Amended Complaint

Aug. 2, 2019

Aug. 2, 2019

Complaint

Resources

Docket

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

Last updated Aug. 5, 2022, 3:24 a.m.

ECF Number Description Date Link 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)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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June 6, 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)

1 Certificate of Good Standing

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June 6, 2019

June 6, 2019

PACER
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)

1 Proposed Order

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2 Proposed Overlength Pleading

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June 6, 2019

June 6, 2019

PACER
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)

1 Memorandum in Support

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2 Proposed Order

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June 6, 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)

1 Proposed Order

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June 6, 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

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

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

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

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

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

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

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)

1 Exhibit A - U.S. DHS report re Alternatives to Detention

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2 Exhibit B - U.S. Gov't Accountability Office report re Alternatives to Dete

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3 Exhibit C - SPLC report re Immigration Detention in the South

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4 Exhibit D - Eagly, et al. study re Access to Counsel in Immigration Court

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5 Exhibit E - Markowitz report re Availability and Adequacy of Counsel in Removal

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6 Exhibit F - Schnacke report re Fundamentals of Bail

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7 Exhibit G - Srikantiah essay re Reconsidering Money Bail in Immigration Detentio

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8 Exhibit H - Gouldin article re Disentangling Flight Risk from Dangerousness

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9 Exhibit I - Gupta, et al. report re Evidence from Judge Randomization

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10 Exhibit J - Eagly, et al. report re Access to Counsel in Immigration Court

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June 6, 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)

1 Summons issued for Phil Bickham

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2 Summons issued for Sean Gallagher

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3 Summons issued for Kevin McAleenan

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4 Summons issued for James McHenry

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5 Summons issued for Mark Morgan

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June 7, 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)

June 7, 2019

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

June 7, 2019

PACER
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

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

June 10, 2019

PACER

Order on Motion for Leave to File Excess Pages

June 10, 2019

June 10, 2019

PACER
18

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

June 10, 2019

June 10, 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)

1 Certificate of Good Standing

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June 10, 2019

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)

1 Certificate of Good Standing

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June 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)

1 Certificate of Good Standing

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June 11, 2019

June 11, 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

June 11, 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)

1 Certificate of Good Standing

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June 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

June 21, 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)

1 Certificate of Good Standing - Samuel Brooke

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June 25, 2019

June 25, 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

June 26, 2019

PACER
27

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

July 8, 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

July 17, 2019

PACER
29

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

July 17, 2019

July 17, 2019

PACER
30

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

July 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

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

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

Aug. 2, 2019

PACER

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

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)

1 Summons issued for Michael Donahue

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2 Summons issued for David Paulk

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Aug. 2, 2019

Aug. 2, 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

Aug. 14, 2019

PACER
36

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

Aug. 14, 2019

Aug. 14, 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

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)

1 Memorandum in Support

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2 Affidavit Declaration of Plaintiff Olamide Abiala

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3 Proposed Order

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Aug. 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)

1 Memorandum in Support

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2 Affidavit Declaration of Plaintiff Olamide Abiala

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3 Proposed Order

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Aug. 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

Aug. 15, 2019

PACER
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

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

Aug. 23, 2019

PACER
43

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

Aug. 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

Aug. 23, 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

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)

1 Proposed Order

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Sept. 3, 2019

Sept. 3, 2019

PACER
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

Sept. 4, 2019

PACER

Order on Motion for Leave to File Excess Pages

Sept. 4, 2019

Sept. 4, 2019

PACER
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)

1 Exhibit A

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2 Exhibit B

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Sept. 4, 2019

Sept. 4, 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)

1 Exhibit Bond Redetermination Worksheet

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2 Exhibit Torres-Soto I-286

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3 Exhibit Torres-Soto I-305

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4 Exhibit Abiala NTA

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5 Exhibit Abiala I-286

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6 Exhibit Abiala I-305

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Sept. 4, 2019

Sept. 4, 2019

PACER
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

Sept. 4, 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)

Sept. 5, 2019

Sept. 5, 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)

1 Exhibit Plaintiff's Notice to Appear

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2 Exhibit Plaintiff's I-305

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Sept. 5, 2019

Sept. 5, 2019

PACER
52

UNOPPOSED MOTION for Extension of Time to File REPLY TO RESPONSE as to 39 MOTION to Certify Class, 38 MOTION for Preliminary Injunction by OLAMIDE KOLADE ABEBAYO ABIALA filed by NEIL SAWHNEY.(SAWHNEY, NEIL) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER

Order on Motion for Extension of Time to File Response/Reply

Sept. 6, 2019

Sept. 6, 2019

PACER
53

This is a text only entry; no document issued. ORDER granting 52 Motion for Extension of Time to File REPLY TO RESPONSE. The deadline for Plaintiff to file replies in support of his Second Motion for Preliminary Injunction and Second Motion for Class Certification is extended through September 25, 2019. Ordered by US DISTRICT JUDGE HUGH LAWSON on 9/6/2019. (aks) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
54

UNOPPOSED MOTION for Leave to File Excess Pages for Reply in Support of Second Motion for Preliminary Injunction by OLAMIDE KOLADE ABEBAYO ABIALA filed by NEIL SAWHNEY.(SAWHNEY, NEIL) (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

PACER
55

This is a text only entry; no document issued. ORDER granting 54 Motion for Leave to File Excess Pages. Plaintiff's reply brief shall not exceed 17 pages. Ordered by US DISTRICT JUDGE HUGH LAWSON on 9/19/2019. (aks) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER

Order on Motion for Leave to File Excess Pages

Sept. 19, 2019

Sept. 19, 2019

PACER

NOTICE OF SETTING HEARING ON MOTION re 39 MOTION to Certify Class, 38 MOTION for Preliminary Injunction : Motion Hearing set for 10/30/2019 10:00 AM in Macon before US DISTRICT JUDGE HUGH LAWSON. (nop)

Sept. 24, 2019

Sept. 24, 2019

PACER
56

UNOPPOSED MOTION for Leave to File Excess Pages for Memorandum in support of Defendants' Motion to Dismiss Plaintiff's Amended Complaint 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: 09/25/2019)

1 Proposed Order

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Sept. 25, 2019

Sept. 25, 2019

PACER

Order on Motion for Leave to File Excess Pages

Sept. 25, 2019

Sept. 25, 2019

PACER
57

This is a text only entry; no document issued. ORDER granting 56 Motion for Leave to File Excess Pages. Defendants' brief in support of their Motion to Dismiss Plaintiff's Amended Complaint shall not exceed 37 pages. Ordered by US DISTRICT JUDGE HUGH LAWSON on 9/25/2019. (aks) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
58

REPLY to Response filed by OLAMIDE KOLADE ABEBAYO ABIALA re 38 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A - Declaration of Elizabeth Nguyen)(SAWHNEY, NEIL) (Entered: 09/25/2019)

1 Exhibit A - Declaration of Elizabeth Nguyen

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Sept. 25, 2019

Sept. 25, 2019

PACER
59

REPLY to Response filed by OLAMIDE KOLADE ABEBAYO ABIALA re 39 MOTION to Certify Class (SAWHNEY, NEIL) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
60

STIPULATION for Extension of Time to File Responsive Pleading by MATTHEW T ALBENCE, WILLIAM BARR, PHIL BICKHAM, MICHAEL J DONAHUE, SEAN GALLAGHER, KEVIN K MCALEENAN, JAMES MCHENRY, MARK A MORGAN, DAVID PAULK (WALL, SHEETUL) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
61

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by OLAMIDE KOLADE ABEBAYO ABIALA Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3277152, $100. LOCAL COUNSEL Name and Georgia Bar #: Daniel Werner, 422070. (Attachments: # 1 Certificate of Good Standing)(SAWHNEY, NEIL) (Entered: 10/01/2019)

1 Certificate of Good Standing

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Oct. 1, 2019

Oct. 1, 2019

PACER
62

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ELLEN DEGNAN (nop) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
63

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by OLAMIDE KOLADE ABEBAYO ABIALA Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3277604, $100. LOCAL COUNSEL Name and Georgia Bar #: Daniel Werner, 422070. (Attachments: # 1 Certificate of Good Standing)(SAWHNEY, NEIL) (Entered: 10/01/2019)

1 Certificate of Good Standing

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Oct. 1, 2019

Oct. 1, 2019

PACER

REMARK: Petition for Admission PHV for Attorney Anjana Joshi DE#63 is withdrawn. (nop)

Oct. 4, 2019

Oct. 4, 2019

PACER
64

MOTION to Dismiss Complaint re 33 Amended Complaint/Petition :, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction 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 Memorandum in Support)(WALL, SHEETUL) (Entered: 10/08/2019)

1 Memorandum in Support

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Oct. 8, 2019

Oct. 8, 2019

PACER
65

MOTION to Stay All Pending Motions Pending Adjudication of Defendants' Motion to Dismiss Plaintiff's Amended Complaint re 39 MOTION to Certify Class, 38 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 Memorandum in Support, # 2 Proposed Order)(WALL, SHEETUL) (Entered: 10/08/2019)

1 Memorandum in Support

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2 Proposed Order

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Oct. 8, 2019

Oct. 8, 2019

PACER
66

RESPONSE filed by OLAMIDE KOLADE ABEBAYO ABIALA re 65 MOTION to Stay All Pending Motions Pending Adjudication of Defendants' Motion to Dismiss Plaintiff's Amended Complaint re 39 MOTION to Certify Class, 38 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Correspondence between Counsel)(SAWHNEY, NEIL) (Entered: 10/15/2019)

1 Exhibit Correspondence between Counsel

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Oct. 15, 2019

Oct. 15, 2019

PACER
67

ORDER denying 65 Motion to Stay. The Court CANCELS the hearing set for October 30, 2019. A hearing on all pending motions will be rescheduled at a later date. Ordered by US DISTRICT JUDGE HUGH LAWSON on 10/21/2019. (aks) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER

NOTICE OF CANCELLATION OF 10/30/2019 motions hearing. Hearing will be rescheduled to a date TBD. (nop)

Oct. 22, 2019

Oct. 22, 2019

PACER
68

UNOPPOSED MOTION for Extension of Time to File RESPONSE as to 64 MOTION to Dismiss Complaint re 33 Amended Complaint/Petition :MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by OLAMIDE KOLADE ABEBAYO ABIALA filed by NEIL SAWHNEY. (Attachments: # 1 Proposed Order)(SAWHNEY, NEIL) (Entered: 10/22/2019)

1 Proposed Order

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Oct. 22, 2019

Oct. 22, 2019

PACER

Notice of Deficiency - Insofar as Local Rule 6.2 provides: In civil cases, the clerk of court and deputies are authorized to permit extensions of time to a date certain not to exceed fourteen days for the filing of briefs. And, insofar as the requested extension does not exceed 14 days, 68 motion for extension of time is being construed as an application to the clerk for extension, is granted as requested, and is being administratively terminated without ruling by the court. (rlw)

Oct. 22, 2019

Oct. 22, 2019

PACER

Notice of Clerk's Granting of Extension Pursuant to Local Rule 6.2 re: 68 MOTION for Extension of Time to File RESPONSE as to 64 MOTION to Dismiss Complaint re 33 Amended Complaint/Petition filed by PHIL BICKHAM, MATTHEW T ALBENCE, MARK A MORGAN, DAVID PAULK, WILLIAM BARR, SEAN GALLAGHER, MICHAEL J DONAHUE, JAMES MCHENRY, KEVIN K MCALEENAN (rlw)

Oct. 22, 2019

Oct. 22, 2019

PACER
69

RESPONSE filed by OLAMIDE KOLADE ABEBAYO ABIALA re 64 MOTION to Dismiss Complaint re 33 Amended Complaint/Petition :MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction (SAWHNEY, NEIL) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
70

Letter regarding Defendants' Request to Clerk for 14-day Extension to File Reply in Support of Defendants' Motion to Dismiss Plaintiff's Amended Complaint re 64 MOTION to Dismiss Complaint re 33 Amended Complaint/Petition :MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction (WALL, SHEETUL) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

PACER

Notice of Clerk's Granting of Extension Pursuant to Local Rule 6.2 re: 64 MOTION to Dismiss Complaint re 33 Amended Complaint/Petition :MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by PHIL BICKHAM, MATTHEW T ALBENCE, MARK A MORGAN, DAVID PAULK, WILLIAM BARR, SEAN GALLAGHER, MICHAEL J DONAHUE, JAMES MCHENRY, KEVIN K MCALEENAN. (rlw)

Nov. 6, 2019

Nov. 6, 2019

PACER
71

REPLY to 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 64 MOTION to Dismiss Complaint re 33 Amended Complaint/Petition :MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Certificate of Service)(DAVILA, YAMILETH) (Entered: 12/03/2019)

1 Certificate of Service

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Dec. 3, 2019

Dec. 3, 2019

PACER
72

NOTICE of Supplemental Authority by OLAMIDE KOLADE ABEBAYO ABIALA (Attachments: # 1 Exhibit A - Brito v. Barr)(SAWHNEY, NEIL) (Entered: 12/10/2019)

1 Exhibit A - Brito v. Barr

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Dec. 10, 2019

Dec. 10, 2019

PACER
73

MOTION for Leave to File Defendants' Response to Plaintiff's Notice of Supplemental Authority 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 Defendants' Response to Plaintiff's Notice of Supplemental Authority)(WALL, SHEETUL) (Entered: 12/17/2019)

1 Defendants' Response to Plaintiff's Notice of Supplemental Authority

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Dec. 17, 2019

Dec. 17, 2019

PACER
74

This is a text only entry; no document issued. ORDER granting 73 Motion for Leave to File Response to Plaintiff's Supplemental Authority. Ordered by US DISTRICT JUDGE HUGH LAWSON on 12/18/2018. (aks) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER

Order on Motion for Leave to File

Dec. 18, 2019

Dec. 18, 2019

PACER

REMARK: Contacted Ellen Degnan by email and telephone today to advise her of her need to register for MDGA CM/ECF (rlw)

Dec. 18, 2019

Dec. 18, 2019

PACER

NOTICE OF SETTING HEARING ON MOTION re 64 MOTION to Dismiss Complaint re 33 Amended Complaint/Petition, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction, 39 MOTION to Certify Class, 38 MOTION for Preliminary Injunction : Motions Hearing set for 3/3/2020 10:00 AM in Macon before US DISTRICT JUDGE HUGH LAWSON. (nop)

Jan. 24, 2020

Jan. 24, 2020

PACER
75

NOTICE of Attorney Appearance by MICHAEL A CELONE on behalf of MATTHEW T ALBENCE, WILLIAM BARR, MICHAEL J DONAHUE, SEAN GALLAGHER, KEVIN K MCALEENAN, JAMES MCHENRY, DAVID PAULK Attorney MICHAEL A CELONE added to party MATTHEW T ALBENCE(pty:dft), Attorney MICHAEL A CELONE added to party WILLIAM BARR(pty:dft), Attorney MICHAEL A CELONE added to party MICHAEL J DONAHUE(pty:dft), Attorney MICHAEL A CELONE added to party SEAN GALLAGHER(pty:dft), Attorney MICHAEL A CELONE added to party KEVIN K MCALEENAN(pty:dft), Attorney MICHAEL A CELONE added to party JAMES MCHENRY(pty:dft), Attorney MICHAEL A CELONE added to party DAVID PAULK(pty:dft) (CELONE, MICHAEL) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

PACER
76

NOTICE of Attorney Appearance by EMILY CAMILLE RUTLEDGE EARLY on behalf of All Plaintiffs Attorney EMILY CAMILLE RUTLEDGE EARLY added to party OLAMIDE KOLADE ABEBAYO ABIALA(pty:pla) (EARLY, EMILY CAMILLE) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
77

MOTION REFILED AT [#78] - MOTION to Withdraw as Attorney by OLAMIDE KOLADE ABEBAYO ABIALA filed by EMILY CAMILLE RUTLEDGE EARLY. (Attachments: # 1 Proposed Order)(EARLY, EMILY CAMILLE) Modified on 2/12/2020 (rlw). (Entered: 02/12/2020)

1 Proposed Order

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Feb. 12, 2020

Feb. 12, 2020

PACER
78

MOTION to Withdraw as Attorney by OLAMIDE KOLADE ABEBAYO ABIALA filed by IVY WANG. (Attachments: # 1 Proposed Order)(WANG, IVY) (Entered: 02/12/2020)

1 Proposed Order

View on PACER

Feb. 12, 2020

Feb. 12, 2020

PACER
79

This is a text only entry; no document issued. ORDER granting 78 Motion to Withdraw as Attorney. Attorney DANIEL WERNER terminated. Ordered by US DISTRICT JUDGE HUGH LAWSON on 2/13/2020. (aks) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER

Order on Motion to Withdraw as Attorney

Feb. 13, 2020

Feb. 13, 2020

PACER
80

Minute Entry for proceedings held before US DISTRICT JUDGE HUGH LAWSON: Motion Hearing held on 3/3/2020 in Macon re 64 MOTION to Dismiss Complaint re 33 Amended Complaint/Petition :MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by PHIL BICKHAM, MATTHEW T ALBENCE, MARK A MORGAN, DAVID PAULK, WILLIAM BARR, SEAN GALLAGHER, MICHAEL J DONAHUE, JAMES MCHENRY, KEVIN K MCALEENAN, 39 MOTION to Certify Class filed by OLAMIDE KOLADE ABEBAYO ABIALA, 38 MOTION for Preliminary Injunction filed by OLAMIDE KOLADE ABEBAYO ABIALA Court Reporter: Darlene Fuller.Time in Court: 9:57-11:20/11:32-11:45. (nop) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

PACER
81

MOTION for Leave to File Supplemental Evidence by OLAMIDE KOLADE ABEBAYO ABIALA filed by ELLEN DEGNAN. (Attachments: # 1 Affidavit of Ellen Degnan, # 2 Exhibit A - 3/12/20)(DEGNAN, ELLEN) (Entered: 03/12/2020)

1 Affidavit of Ellen Degnan

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2 Exhibit A - 3/12/20

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March 12, 2020

March 12, 2020

PACER
82

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 81 MOTION for Leave to File Supplemental Evidence (HIRST, KEVIN) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

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