Case: Velesaca v. Decker

1:20-cv-01803 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 28, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This case was initially filed in February 2020 to address the absence of bond hearings for ICE detainees in New York. Then on March 16, 2020, in light of the grave threat posed by congregate detention during the coronavirus pandemic, plaintiffs sought emergency relief: individualized determinations assessing whether detention is necessary in light of flight risk/public safety, and releases where it is not. On March 31, the Court issued an order granting this relief and enjoini…

COVID-19 Summary: This case was initially filed in February 2020 to address the absence of bond hearings for ICE detainees in New York. Then on March 16, 2020, in light of the grave threat posed by congregate detention during the coronavirus pandemic, plaintiffs sought emergency relief: individualized determinations assessing whether detention is necessary in light of flight risk/public safety, and releases where it is not. On March 31, the Court issued an order granting this relief and enjoining the government's "No-Release Policy." On December 18, the plaintiffs filed a motion to enforce the preliminary inunction and the case was referred to a Magistrate Judge for settlement proceedings.


On February 28, 2020, a noncitizen placed in a federal immigration detention facility and denied bond or release while awaiting immigration hearings filed this class-action suit in the United States District Court for the Southern District of New York. Represented by the New York Civil Liberties Foundation and the Bronx Defenders, the petitioner sued the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, and individual agency officials; he filed a habeas petition to challenge that the absence of an adequate individual custody determination, which led to him being denied bond or release violated his statutory, regulatory, and constitutional rights. He sought declaratory relief that the ICE's practices were unlawful and an injunction ordering the government to conduct adequate individualized custody determinations for members of the proposed classes.

The policy challenged by the petitioner is referred to in the complaint as the "No-Release Policy." It is ICE's alleged policy of denying release and bond to all immigrant detainees arrested in the New York City area. The complaint asserted that the No-Release Policy violated federal law which requires that, within 48 hours of their arrest, many immigrant detainees get an individualized determination of whether they can be released while immigration proceedings go forward. According to data obtained by the petitioner's counsel under the Freedom of Information Act, "from 2013 to June 2017, approximately 47% of those deemed to be low risk by the government were granted release. From June 2017 to September 2019, that figure plummeted to 3%." Furthermore, the complaint alleged that in mid-2017, ICE had modified its risk-assessment tool's algorithm to prevent it from recommending that noncitizens be released--the tool was only able to recommend further detention. The petitioner claimed that the No-Release Policy resulted in thousands of detainees being denied individualized custody determinations and remaining in detention facilities "under harsh conditions of confinement akin to criminal incarceration."

The petitioner asserted four causes of action; violations of "the Immigration and Nationality Act and its implementing regulations, the Due Process Clause of the Fifth Amendment to the United States Constitution, the Administrative Procedure Act, and the Rehabilitation Act."

The two classes proposed by the petitioner were:

(1) The Petitioner Class: All individuals eligible to be considered for bond or release on recognizance under 8 U.S.C. § 1226(a)(1)-(2) by ICE’s New York Field Office who have been or will be detained without bond; and

(2) the Rehabilitation Act Subclass: All individuals with a disability, as defined by the Rehabilitation Act and its implementing regulations, who are eligible to be considered for bond or release on recognizance under 8 U.S.C. § 1226(a)(1)-(2) by ICE’s New York Field Office and who have been or will be detained without bond.

The case was assigned to Judge Hellerstein. The petitioner's motion for class certification is pending before the district court and the government has yet to file a response to the complaint.

On March 16, 2020, the petitioner filed a motion for a preliminary injunction, which argued:

This illegal practice of mass detention causes enormous and unnecessary irreparable harm, separating people from their families, jobs, and communities and exposing them to serious health risks without any individualized determination of whether the ongoing denial of liberty is justified. Exacerbating these harms—and increasing the urgency of the petitioners’ request for relief—is the threat posed by COVID-19, the pandemic experts predict will spread to New York City area immigration detention centers in a matter of days, bringing with it the threat of infection, pneumonia, sepsis, or even death.
The motion sought prompt provide individualized determinations for class members assessing "whether detention is necessary based on individualized assessments of the petitioners’ flight risk, danger to the community, and disability and issue class-wide preliminary declaratory relief ordering the same. Pursuant to its habeas jurisdiction, the Court should order release in the event of noncompliance with this procedural remedy."

In opposition to the motion for PI, defendants offered "a single core argument upon which most of its other contentions rely: The No-Release Policy does not exist." Instead, defendants claim that they are exercising discretion in the making of each individual custody determination. As their secondary argument, defendants asserted that "review is unavailable under the APA because Plaintiffs have not exhausted administrative remedies and because Plaintiffs do not challenge 'final agency action.'"

Following expedited briefing and a telephonic hearing, on March 31, Judge Hellerstein issued an order granting the plaintiffs' motion for preliminary injunction (PI). The order enjoined ICE's New York Field Office Director from following the No-Release Policy and to return to its pre-June 2017 practice of making individualized assessments about whether detention is justified by flight risk or danger. The defendants are required to file a report by April 17, 2020, identifying "all persons thus arrested by or under the authority of ICE's New York City Field Office and, of such persons, all such persons who have had their bond or recognizance application heard by an immigration judge." According to the NYCLU, "as a result of this ruling, many class members who are in ICE detention must be promptly evaluated for release. This expedited decision provides much-needed relief for people in detention who are exposed to the increasing threat of coronavirus spreading through crowded jails." In issuing the order, Judge Hellerstein did not provide a statement of its reasoning due to the expedited circumstances; however, "the Court, in due course, intends to deliver a more fulsome statement of its reasoning."

On April 27, plaintiffs filed a letter addressed to Judge Hellerstein requesting information regarding defendants' compliance with the PI. The defendants responded to the plaintiffs' letter on May 1. The Clearinghouse does not have access to these filings, so the extent to which the defendants have complied with the PI is unclear.

On May 4, Judge Hellerstein issued "a formal opinion explaining more fully the Court's reasoning for its oral ruling granting Plaintiffs' motion" for a PI. Judge Hellerstein concluded that "[p]laintiffs have established a clear and substantial likelihood of being able to demonstrate that the No-Release Policy exists . . . and that none of the procedural hurdles identified by Defendants preclude my awarding injunctive relief in Plaintiffs' favor." In concluding that the plaintiffs were likely to demonstrate that the No-Release Policy exists, Judge Hellerstein was persuaded by data provided by the plaintiff showing a "substantial increase in detention rates for final decisions in the New York Field Office beginning in 2017." Moreover, defendants acknowledged that a No-Release Policy "is inconsistent with the INA and regulations passed thereunder, at least without notice-and-comment rule making." Because "the Court ha[d] already found that Plaintiffs have shown they will suffer irreparable harm without relief and that the equities tilt in Plaintiffs' favor, injunctive relief is called for here." 2020 WL 2114984. (S.D.N.Y. May 04, 2020). Judge Hellerstein stated at the end of this opinion that the parties had disagreements regarding the implementation of the PI and that these disagreements "culminated in the government's filing of a motion to clarify and/or amend the injunction" on May 1.

After expedited briefing and hearing, Judge Hellerstein issued an order on May 15 denying the defendants' motion to clarify/amend the PI. Judge Hellerstein stated that

Defendants were required to: 1. Apply the injunction to all persons who were detained as of April 10, 2020 pursuant to 8 U.S.C. § 1226(a), except those persons already given an individualized custody determination by an immigration judge, and expeditiously determine, or redetermine, their custody status consistent with the injunction; and to 2. Report to the court on May 22, 2020, and weekly thereafter, as to the progress made, which shall be steady and expeditious. All custody determinations and redeterminations must be completed by June 5, 2020. If extensions are required, Defendants may make an application therefore, showing good cause.
Judge Hellerstein followed up his May 15 order, giving further explanation of his decision to deny the motion to amend or modify. On July 1, the parties filed a stipulated protective order.

On July 6, the defendants filed a notice of interlocutory appeal. The appeal was assigned USCA Case No. 20-2153. The appeal was withdrawn on October 13. 2020 WL 7973940.

On September 21, the district court filed an order directing the parties how to proceed. The court granted the Plaintiffs' request to conduct a deposition pertaining to training received by ICE personnel with respect to the court's earlier injunction.

On December 18, the plaintiffs filed a motion to enforce the preliminary injunction and the defendants filed their opposition on January 6, 2021. The plaintiffs filed their reply on January 13, however, the Clearinghouse does not have access to these documents.

The case was referred to Magistrate Judge Katherine H. Parker for settlement discussions; the parties engaged in various settlement conferences throughout the summer and fall of 2021.

Summary Authors

Aaron Gurley (5/18/2020)

Nicholas Gillan (11/12/2020)

Zofia Peach (2/13/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16909909/parties/velesaca-v-wolf/


Judge(s)

Hellerstein, Alvin K. (New York)

Attorneys(s) for Plaintiff

Belsher, Amy (New York)

Borchetta, Jennifer Rolnick (New York)

Dunn, Christopher (New York)

Hodgson, Robert (New York)

Jain, Niji (New York)

Saenz, Andrea (New York)

Sallomi, Megan (California)

Scott-Railton, Thomas (New York)

Attorneys(s) for Defendant

Berman, Geoffrey S. (New York)

Judge(s)

Hellerstein, Alvin K. (New York)

Attorneys(s) for Plaintiff

Belsher, Amy (New York)

Borchetta, Jennifer Rolnick (New York)

Dunn, Christopher (New York)

Hodgson, Robert (New York)

Jain, Niji (New York)

Saenz, Andrea (New York)

Sallomi, Megan (California)

Scott-Railton, Thomas (New York)

Attorneys(s) for Defendant

Berman, Geoffrey S. (New York)

Waterman, Brandon M. (New York)

Other Attorney(s)

Wu, Steven C. (New York)

Expert/Monitor/Master

Meyer, Jaimie (Connecticut)

Van Dalen, Marinda (Texas)

Documents in the Clearinghouse

Document

1:20-cv-01803

Docket [PACER]

Velesaca v. Wolf

Feb. 12, 2021

Feb. 12, 2021

Docket
1

1:20-cv-01803

Complaint

Feb. 28, 2020

Feb. 28, 2020

Complaint
44

1:20-cv-01803

Declaration of Andrea Saenz, Esq.

March 16, 2020

March 16, 2020

Declaration/Affidavit
43

1:20-cv-01803

Declaration of Marinda Van Dalen

March 16, 2020

March 16, 2020

Declaration/Affidavit
42

1:20-cv-01803

Declaration of Dr. Jamie Meyer

March 16, 2020

March 16, 2020

Declaration/Affidavit
41

1:20-cv-01803

Petitioners'-Plaintiffs' Memorandum of Law in Support of Motion for a Preliminary Injunction

March 16, 2020

March 16, 2020

Pleading / Motion / Brief

1:20-cv-01803

Teleconference (PI)

March 30, 2020

March 30, 2020

Transcript
67

1:20-cv-01803

Order Granting Plaintiffs' Motion for a Preliminary Injunction

March 31, 2020

March 31, 2020

Order/Opinion
78

1:20-cv-01803

Opinion and Order Granting Plaintiffs' Motion for a Preliminary Injunction

458 F.Supp.3d 224, 2020 WL 2114984

May 4, 2020

May 4, 2020

Order/Opinion
91

1:20-cv-01803

Order Denying Motion to Modify and Clarify Preliminary Injunction

July 6, 2020

July 6, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16909909/velesaca-v-wolf/

Last updated Aug. 6, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf. (Filing Fee $ 400.00, Receipt Number ANYSDC-18963029)Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
2

CIVIL COVER SHEET filed..(Belsher, Amy) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to Thomas R. Decker, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to Matthew Albence, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
5

FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) Modified on 3/2/2020 (jgo). (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
6

FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) Modified on 3/2/2020 (jgo). (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to Chad Wolf, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
8

REQUEST FOR ISSUANCE OF SUMMONS as to Carl E. DuBois, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
9

MOTION to Certify Class . Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
10

MEMORANDUM OF LAW in Support re: 9 MOTION to Certify Class . . Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
11

DECLARATION of Jose L. Velesaca in Support re: 9 MOTION to Certify Class .. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
12

DECLARATION of David Hausman in Support re: 9 MOTION to Certify Class .. Document filed by Jose L. Velesaca. (Attachments: # 1 Exhibit A).(Belsher, Amy) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
13

DECLARATION of Sarah Deri Oshiro in Support re: 9 MOTION to Certify Class .. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
14

DECLARATION of Robert Hodgson in Support re: 9 MOTION to Certify Class .. Document filed by Jose L. Velesaca. (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, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19).(Belsher, Amy) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
15

NOTICE OF APPEARANCE by Amy Belsher on behalf of Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
16

NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of Jose L. Velesaca..(Hodgson, Robert) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
17

NOTICE OF APPEARANCE by Christopher T Dunn on behalf of Jose L. Velesaca..(Dunn, Christopher) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

March 2, 2020

March 2, 2020

PACER

Case Opening Initial Assignment Notice

March 2, 2020

March 2, 2020

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

March 2, 2020

March 2, 2020

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Amy Belsher. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Orange;. (jgo)

March 2, 2020

March 2, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

March 2, 2020

March 2, 2020

PACER

Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

March 2, 2020

March 2, 2020

PACER

Case Designated ECF. (jgo)

March 2, 2020

March 2, 2020

PACER
18

ELECTRONIC SUMMONS ISSUED as to Carl E. DuBois..(jgo) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
19

ELECTRONIC SUMMONS ISSUED as to Chad Wolf..(jgo) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
20

ELECTRONIC SUMMONS ISSUED as to Matthew Albence..(jgo) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
21

ELECTRONIC SUMMONS ISSUED as to Thomas R. Decker..(jgo) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Amy Belsher to RE-FILE Document No. 6 Request for Issuance of Summons, 5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on 'as to' docket entry text and the PDF 'To' section does not exactly match as it appears on pleading caption;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)

March 2, 2020

March 2, 2020

PACER
22

NOTICE OF APPEARANCE by Niji Jain on behalf of Jose L. Velesaca..(Jain, Niji) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
23

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
24

REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
25

NOTICE OF APPEARANCE by Megan Sallomi on behalf of Jose L. Velesaca..(Sallomi, Megan) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

PACER
26

ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security..(dnh) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

PACER
27

ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement..(dnh) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

PACER
28

NOTICE OF APPEARANCE by Jennifer Rolnick Borchetta on behalf of Jose L. Velesaca..(Borchetta, Jennifer) (Entered: 03/09/2020)

March 9, 2020

March 9, 2020

PACER
29

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Carl E. DuBois served on 3/9/2020, answer due 3/30/2020. Service was accepted by Carol Pierce, Chief Assistant to County Attorney; also, Paul Artera, Captain. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 03/10/2020)

March 10, 2020

March 10, 2020

PACER
30

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Matthew Albence served on 3/4/2020, answer due 3/25/2020; Thomas R. Decker served on 3/4/2020, answer due 3/25/2020; United States Department of Homeland Security served on 3/4/2020, answer due 3/25/2020; United States Immigration and Customs Enforcement served on 3/4/2020, answer due 3/25/2020; Chad Wolf served on 3/4/2020, answer due 3/25/2020. Service was accepted by Derick Mayers, Civil Clerk. Service was made by Mail. Document filed by Jose L. Velesaca. (Attachments: # 1 Exhibit A).(Belsher, Amy) (Entered: 03/10/2020)

March 10, 2020

March 10, 2020

PACER
31

FIRST AMENDED PETITION amending 1 Complaint, against Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf.Document filed by Jose L. Velesaca, Abraham Carlo Uzategui. Related document: 1 Complaint,..(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
32

AMENDED MOTION to Certify Class . Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
33

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE 34 Memorandum) - AMENDED MOTION to Certify Class Memorandum of Law in Support of Amended Motion to Certify Class. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) Modified on 4/10/2020 (db). (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
34

MEMORANDUM OF LAW in Support re: 32 AMENDED MOTION to Certify Class . . Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
35

DECLARATION of ABRAHAM CARLO UZATEGUI in Support re: 32 AMENDED MOTION to Certify Class .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
36

DECLARATION of JOSE L. VELESACA in Support re: 32 AMENDED MOTION to Certify Class .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
37

DECLARATION of DAVID HAUSMAN in Support re: 32 AMENDED MOTION to Certify Class .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
38

DECLARATION of SARAH DERI OSHIRO in Support re: 32 AMENDED MOTION to Certify Class .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
39

DECLARATION of ROBERT HODGSON in Support re: 32 AMENDED MOTION to Certify Class .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit).(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
40

MOTION for Preliminary Injunction . Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
41

MEMORANDUM OF LAW in Support re: 40 MOTION for Preliminary Injunction . . Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
42

DECLARATION of DR. JAIMIE MEYER in Support re: 40 MOTION for Preliminary Injunction .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
43

DECLARATION of MARINDA VAN DALEN in Support re: 40 MOTION for Preliminary Injunction .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
44

DECLARATION of ANDREA SAENZ in Support re: 40 MOTION for Preliminary Injunction .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
45

DECLARATION of ROBERT HODGSON in Support re: 40 MOTION for Preliminary Injunction .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
46

MOTION to Seal Motion for Leave to File Document Under Seal., MOTION for Leave to File Psychological Evaluation under seal . Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
47

MEMORANDUM OF LAW in Support re: 46 MOTION to Seal Motion for Leave to File Document Under Seal. MOTION for Leave to File Psychological Evaluation under seal . . Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
48

LETTER addressed to Judge Alvin K. Hellerstein from Robert Hodgson dated March 17, 2020 re: Request for expedited conference regarding the petitioners motion for a preliminary injunction. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

PACER

Notice to Attorney Regarding Party Modification

March 17, 2020

March 17, 2020

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Andrew Hodgson. The party information for the following party/parties has been modified: Abraham Carlo Uzategui Navarro. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo)

March 17, 2020

March 17, 2020

PACER
49

MEMO ENDORSEMENT on re: 48 Letter, filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca. ENDORSEMENT: Respondents shall file their opposition on March 23, 2020. Petitioners shall file a reply on March 25, 2020. The Court will hold a hearing on March 27, 2020 at 2:30pm. The hearing will take place by telephone and the Court will reach out to the parties with call-in information. (Responses due by 3/23/2020, Replies due by 3/25/2020., Telephone Conference set for 3/27/2020 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/18/2020) (jca) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
50

MEMO ENDORSED ORDER granting 46 Motion to Seal; granting 46 Motion for Leave to File Document. ENDORSEMENT: Motion granted. (Signed by Judge Alvin K. Hellerstein on 3/18/20) (yv) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

RECAP
51

ORDER: The telephonic hearing scheduled in this case for March 27, 2020, is hereby adjourned to March 30, 2020, at 2:30 p.m., and will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the hearing proceeds smoothly and to avoid disruption, the Court directs all those calling in (other than counsel) to mute their telephones. ( Telephone Conference set for 3/30/2020 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/20/2020) (mro) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

RECAP
52

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
53

LETTER MOTION for Extension of Time to File Response/Reply as to 49 Memo Endorsement,,, Set Deadlines/Hearings,, addressed to Judge Alvin K. Hellerstein from Brandon M. Waterman dated March 20, 2020. Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
54

ORDER REGULATING PROCEEDINGS granting 53 Motion for Extension of Time to File Response/Reply. Defendants' motion for an extension of the briefing schedule (ECF No. 53) is granted. Accordingly, the government's opposition to the preliminary injunction motion is due by Tuesday, March 24, 2020, and the Plaintiffs' reply is due by Thursday, March 26, 2020. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/20/2020) (ks) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER

Set/Reset Deadlines: Responses due by 3/24/2020 Replies due by 3/26/2020. (ks)

March 20, 2020

March 20, 2020

PACER
55

MEMORANDUM OF LAW in Opposition re: 40 MOTION for Preliminary Injunction . . Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 ACIJ Daugherty Declaration).(Waterman, Brandon) (Entered: 03/25/2020)

March 24, 2020

March 24, 2020

PACER
56

DECLARATION of Deputy Field Office Director William P. Joyce in Opposition re: 40 MOTION for Preliminary Injunction .. Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
57

DECLARATION of Captain Jennifer Moon in Opposition re: 40 MOTION for Preliminary Injunction .. Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
58

LETTER addressed to Judge Alvin K. Hellerstein from Brandon M. Waterman dated March 25, 2020 re: Unopposed Request to Accept the Government's Opposition Papers As Timely Filed. Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
59

MEMO ENDORSEMENT on re: 58 Letter, filed by United States Immigration and Customs Enforcement, Thomas R. Decker, Carl E. DuBois, Matthew Albence, Chad Wolf, United States Department of Homeland Security. ENDORSEMENST: (Signed by Judge Alvin K. Hellerstein on 3/25/2020) (cf) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
60

REPLY MEMORANDUM OF LAW in Support re: 40 MOTION for Preliminary Injunction . . Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
61

DECLARATION of Jose L. Velesac in Support re: 40 MOTION for Preliminary Injunction .. Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
62

DECLARATION of Marisol Carmona Medina in Support re: 40 MOTION for Preliminary Injunction .. Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
63

DECLARATION of Carmelo Apolinar Diaz in Support re: 40 MOTION for Preliminary Injunction .. Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
64

NOTICE OF APPEARANCE by Steven Chiajon Wu on behalf of State of New York..(Wu, Steven) (Entered: 03/29/2020)

March 29, 2020

March 29, 2020

PACER
65

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to File Amicus Brief . Document filed by State of New York. (Attachments: # 1 Exhibit Proposed Amicus Brief).(Wu, Steven) Modified on 4/24/2020 (db). (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER

Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Preliminary Injunction Hearing (Telephone) held on 3/30/2020. (tro)

March 30, 2020

March 30, 2020

PACER
66

MEMO ENDORSED ORDER denying as moot 65 Motion to File Amicus Brief. ENDORSEMENT: The motion having already been decided, the state's motion is denied as moot. (Signed by Judge Alvin K. Hellerstein on 3/31/20) (yv) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
67

ORDER GRANTING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION granting 40 Motion for Preliminary Injunction. Plaintiffs' motion for preliminary injunctive relief, see ECF No. 40, is hereby granted as follows. The Court grants preliminary injunctive relief, enjoining Defendant Thomas R. Decker in his official capacity as New York Field Office Director for U.S. Immigration and Customs Enforcement ("ICE"), and all successors appointed or acting, from using or applying practices or policies relating to the discretion by ICE officers to release to the community on recognizance or pursuant to bond, under Section 236 of the Immigration and Nationality Act, 8 U.S.C. ยง 1226(a), and all applicable implementing regulations, to any person now or hereafter arrested by Defendants or officers or agents directly or indirectly supervised by Defendants, in any manner more stringent or more onerous than those used or applied prior to June 6, 2017. This order shall not apply to any person so arrested who has had his bond or recognizance application heard by an immigration judge. Defendant shall file a report on April 17, 2020, identifying, as of April 10, 2020, all persons thus arrested by or under the authority of ICE's New York Field Office and, of such persons, all such persons who have had their bond or recognizance application heard by an immigration judge. Although the order delivered extemporaneously is final, the Court intends, in due course, to deliver a more fulsome statement of its reasoning. The Clerk is directed to terminate the open motion (ECF No. 40). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/31/20) (yv) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

RECAP
68

TRANSCRIPT of Proceedings re: CONFERENCE held on 3/30/2020 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/5/2020. Redacted Transcript Deadline set for 5/15/2020. Release of Transcript Restriction set for 7/13/2020..(McGuirk, Kelly) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
69

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 3/30/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
70

***SELECTED PARTIES*** LETTER addressed to Judge Alvin K. Hellerstein from Brandon M. Waterman dated April 17, 2020 re: Government's Report in accordance with the Court's order (ECF No. 67). Document filed by United States Department of Homeland Security, Thomas R. Decker, Carl E. DuBois, Chad Wolf, Matthew Albence, Abraham Carlo Uzategui Navarro, Jose L. Velesaca, United States Immigration and Customs Enforcement. (Attachments: # 1 1226(a) Alien List)Motion or Order to File Under Seal: 67 .(Waterman, Brandon) (Entered: 04/18/2020)

April 17, 2020

April 17, 2020

PACER
71

LETTER addressed to Judge Alvin K. Hellerstein from the Petitioners' Counsel, Robert Hodgson dated April 27, 2020 re: Request for information regarding ICEs compliance with preliminary injunction. Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
72

ORDER REGULATING PROCEEDINGS. The Court has received and reviewed Petitioners' letter submitted April 27, 2020, ECF No. 71, which requests an order instructing Respondents to produce additional information in connection with the Court's awarding Petitioners injunctive relief, ECF No. 67. Respondents are hereby ordered to file a letter response informing the Court of their position, on or before this Friday, May 1, 2020. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/31/20) (yv) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

RECAP
73

LETTER addressed to Judge Alvin K. Hellerstein from Brandon M. Waterman dated May 1, 2020 re: The government's response to the plaintiff's April 27 letter (ECF No. 71). Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
74

MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction,,,,,, To Modify and Clarify the Court's March 31 Preliminary Injunction Order. Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 05/02/2020)

May 1, 2020

May 1, 2020

PACER
75

MEMORANDUM OF LAW in Support re: 74 MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction,,,,,, To Modify and Clarify the Court's March 31 Preliminary Injunction Order. . Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 05/02/2020)

May 2, 2020

May 2, 2020

PACER
76

LETTER addressed to Judge Alvin K. Hellerstein from Petitioners' Counsel Robert Hodgson dated May 4, 2020, re: Petitioners Intention to File an Opposition to ICEs Motion (ECF 74) by Tuesday, May 5. Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
77

ORDER REGULATING PROCEEDINGS, The Court has received and reviewed Defendants' motion for amendment and/or clarification of the March 31, 2020 order awarding injunctive relief to Plaintiffs. See ECF Nos. 67, 74. Plaintiffs shall file their opposition to the motion, if any, on or before May 15, 2020, and Defendants shall file a reply, if any, on or before May 22, 2020. Argument on the motion will be held telephonically on May 27, 2020, at 2:30 p.m., via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the hearing proceeds smoothly and to avoid disruption, the Court directs all those calling in (other than counsel) to mute their telephones. Finally, no later than May 26, 2020, at 10:00 a.m., the parties shall jointly submit to the Court (to the address: HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record at the telephonic argument SO ORDERED. Set Deadlines/Hearing as to 74 MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction, To Modify and Clarify the Court's March 31 Preliminary Injunction Order. :( Responses due by 5/15/2020, Replies due by 5/22/2020.), ( Telephone Conference set for 5/27/2020 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/4/20) (yv) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

RECAP
78

OPINION & ORDER GRANTING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION. Plaintiffs' motion for injunctive relief is granted as follows: The Court grants preliminary injunctive relief, enjoining Defendant Thomas R. Decker in his official capacity as New York Field Office Director for U.S. Immigration and Customs Enforcement ("ICE"), and all successors appointed or acting, from using or applying practices or policies relating to the discretion of ICE officers to release to the community on recognizance or pursuant to bond, under Section 236 of the Immigration and Nationality Act, 8 U.S.C. ยง 1226(a), and all applicable implementing regulations, to any person now or hereafter arrested by Defendants or officers or agents directly or indirectly supervised by Defendants, in any manner more stringent or more onerous than those used or applied prior to June 6, 2017.This order shall not apply to any person so arrested who has had his bond or recognizance application heard by an immigration judge.Defendants shall file a report on April 17, 2020, identifying, as of April 10, 2020, all persons thus arrested by or under the authority of ICE's New York Field Office and, of such persons, all such persons who have had their bond or recognizance application heard by an immigration judge.ECF No. 67. The government timely provided a report. See ECF No. 70.In the time between my oral ruling and the issuance of this written order, the parties have notified the Court that they have had disagreements regarding implementation of the injunction. See ECF Nos. 71, 72, 73. These disagreements have culminated in the government's filing of a motion to clarify and/or amend the injunction. See ECF No. 74. The Court will issue a separate order, in due course, setting a briefing schedule and an argument date on that motion.SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/4/20) (yv) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

RECAP
79

MEMO ENDORSEMENT on re: 76 Letter Intention to File an Opposition to ICEs Motion, filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca, Set Deadlines/Hearing as to 76 Letter, 74 MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction. To Modify and Clarify the Court's March 31 Preliminary Injunction Order. ENDORSEMENT: In light of the time-sensitive nature of the case, Petitioners will file their opposition by the end of the day on May 5, 2020. The government will then file its reply on or before May 11, 2020, and the telephonic oral argument presently set for May 2 7, 2020 is rescheduled to May 12, 2020, at 11:00am. The parties shall notify the Court of all persons expected to appear on the May 12 call by 10:00am on May 11, 2020. ( Responses due by 5/5/2020, Replies due by 5/11/2020.), ( Telephone Conference set for 5/12/2020 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/5/20) (yv) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
80

LETTER addressed to Judge Alvin K. Hellerstein from Petitioners' Counsel Robert Hodgson dated May 5, 2020, re: Request to Extend Petitioners Deadline to Thursday, May 7, 2020. Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
81

MEMO ENDORSEMENT on re: 80 Letter Request to Extend Petitioners Deadline, filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca, Set Deadlines/Hearing as to 80 Letter, 74 MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction, To Modify and Clarify the Court's March 31 Preliminary Injunction Order. ENDORSEMENT: So ordered. Petitioners' opposition brief shall now be due on May 7, 2020; Respondents' reply brief shall now be due on May 13, 2020; and the hearing previously scheduled for May 12, 2020 is rescheduled to Thursday, May 14, 2020, at 11:00am. Counsel shall, following the protocol previously outlined by the Court, submit a list of all persons who are to appear on the call by 10:00am. ( Responses due by 5/7/2020, Replies due by 5/13/2020.) (Signed by Judge Alvin K. Hellerstein on 5/6/20) (yv) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER

Set/Reset Hearings: Telephone Conference set for 5/14/2020 at 11:00 AM before Judge Alvin K. Hellerstein. (yv)

May 6, 2020

May 6, 2020

PACER
82

MEMORANDUM OF LAW in Opposition re: 74 MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction,,,,,, To Modify and Clarify the Court's March 31 Preliminary Injunction Order. . Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
83

REPLY MEMORANDUM OF LAW in Support re: 74 MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction,,,,,, To Modify and Clarify the Court's March 31 Preliminary Injunction Order. . Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER

Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 5/14/2020 re: 74 MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction, To Modify and Clarify the Court's March 31 Preliminary Injunction Order. filed by United States Immigration and Customs Enforcement, Thomas R. Decker, Carl E. DuBois, Matthew Albence, Chad Wolf, United States Department of Homeland Security. Court reporter Karen Gorlaski pres.Motion to amend/correct is denied (doc #74). (tro)

May 14, 2020

May 14, 2020

PACER
84

ORDER SUPPLEMENTING PRELIMINARY INJUNCTION denying 74 Motion to Amend/Correct. Defendants' motion is denied. The injunction is not in need of clarification. Defendants are required to: 1. Apply the injunction to all persons who were detained as of April 10, 2020 pursuant to 8 U.S.C. ยง 1226(a), except those persons already given an individualized custody determination by an immigration judge, and expeditiously determine, or redetermine, their custody status consistent with the injunction; and to 2. Report to the court on May 22, 2020, and weekly thereafter, as to the progress made, which shall be steady and expeditious. All custody determinations and redeterminations must be completed by June 5, 2020. If extensions are required, Defendants may make an application therefore, showing good cause. The Clerk is directed to close the open motion (ECF No. 74). Although this order is final, the Court intends to file an opinion describing its reasoning in fuller detail. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/15/20) (yv) (Entered: 05/18/2020)

May 15, 2020

May 15, 2020

RECAP
85

***SELECTED PARTIES***STATUS REPORT. (Pursuant to ECF No. 84) Document filed by United States Department of Homeland Security, Thomas R. Decker, Carl E. DuBois, Chad Wolf, Matthew Albence, United States Immigration and Customs Enforcement, Abraham Carlo Uzategui Navarro, Jose L. Velesaca. (Attachments: # 1 Supplemental Alien List and Status)Motion or Order to File Under Seal: 84 .(Waterman, Brandon) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
86

TRANSCRIPT of Proceedings re: argument held on 5/14/2020 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2020. Redacted Transcript Deadline set for 6/26/2020. Release of Transcript Restriction set for 8/24/2020..(McGuirk, Kelly) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 28, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Persons placed in immigration detention facilities in the New York City area who were denied release or bond while awaiting immigration hearings.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Bronx Defenders

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

U.S. Department of Homeland Security, Federal

U.S. Immigration and Customs Enforcement, Federal

Case Details

Causes of Action:

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

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

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

Mandamus, 28 U.S.C. § 1361

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Due Process: Procedural Due Process

Suspension Clause

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Conditions of confinement

Fines/Fees/Bail/Bond

Habeas Corpus

Over/Unlawful Detention

Pattern or Practice

Placement in detention facilities

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Granted

Mitigation Requested

Release granted-group

Release-process created/modified

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Detention - conditions

Detention - criteria

Detention - procedures