Case: Dawson v. Asher

2:20-cv-00409 | U.S. District Court for the Western District of Washington

Filed Date: March 16, 2020

Closed Date: Nov. 20, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: In this case filed on March 16, 2020 by nine particularly vulnerable immigration detainees, the court declined to grant preliminary relief. It held that ongoing detention was not unlawfully punitive notwithstanding the threat posed by congregate detention during the coronavirus pandemic and found that the immigration facility was taking adequate measures to stop the spread of COVID-19. After a report and recommendations from the Magistrate Judge, the court dismissed the action…

COVID-19 Summary: In this case filed on March 16, 2020 by nine particularly vulnerable immigration detainees, the court declined to grant preliminary relief. It held that ongoing detention was not unlawfully punitive notwithstanding the threat posed by congregate detention during the coronavirus pandemic and found that the immigration facility was taking adequate measures to stop the spread of COVID-19. After a report and recommendations from the Magistrate Judge, the court dismissed the action with prejudice on November 19, 2020.


On March 16, 2020, nine persons held in civil detention by Immigration and Customs Enforcement (ICE) at the Northwest Detention Center (NWDC) in Tacoma, WA who, because their age or underlying medical conditions, were particularly susceptible to a serious COVID-19 infection filed this habeas petition and complaint in the United States District Court for the Western District of Washington. Represented by the Northwest Immigrant Rights Project, the ACLU National Prison Project, and the ACLU Immigrants' Rights Project, the plaintiffs sued ICE, two of its directors, and the warden of the Tacoma detention center. The plaintiffs alleged that harm posed to them by continued detention during the COVID-19 pandemic violated their right to substantive due process under the Fifth Amendment. They sought a writ of habeas corpus ordering their immediate release or, in the alternative, injunctive relief ordering ICE to release them. The plaintiffs also sought attorney’s fees, costs, and declaratory relief that "continued detention in civil immigration custody of individuals at increased risk for severe illness, including all people over fifty years old and persons of any age with underlying medical conditions that may increase the risk of serious COVID-19, violates the Due Process Clause."

The case was assigned to Judge James L. Robart and Magistrate Judge Mary Alice Theiler.

The Northwest Detention Center is located in the Seattle metropolitan area, which experienced the first and, as of March 17, 2020, largest COVID-19 outbreak in the United States. In response, public health measures throughout the area emphasized and enforced social distancing. However, immigration detention facilities are “congregate environments,” or places where people live and sleep in close proximity and, thus, cannot practice social distancing. Given the crowding and lack of adequate medical infrastructure, if COVID-19 were introduced into the detention center, it would spread easily. The spread of COVID-19 (for which there was no vaccine, known treatment, or cure) would be especially dangerous for detainees over the age of 50 or those with certain underlying health conditions such as lung, heart, and kidney disease. The complaint included recommendations from public health experts that these high-risk individuals be released from detention for their own safety.

The plaintiffs asserted that the Fifth Amendment guarantees that civil detainees, including immigrant detainees, may not be subjected to punishment, and that this right is violated when civil detainees are subjected to "conditions of confinement that amount to punishment or [the federal government] does not ensure those detainees’ safety and health." The plaintiffs contended that by continuing to detain high-risk individuals, the defendants subjected them to conditions that amounted to punishment and that failed to ensure their safety and health. The plaintiffs further claimed that continued detention with the possibility of a COVID-19 outbreak in the facility subjected the plaintiffs to a substantial risk of serious harm, in violation of the Due Process Clause of the Fifth Amendment. Lastly, the plaintiffs argued that ICE has the authority to exercise discretion in releasing vulnerable civil immigrant detainees like the plaintiffs.

Immediately, the plaintiffs filed a motion for a temporary restraining order (TRO) for their immediate release.

Three days later, on March 19, Judge Robart issued an order denying the plaintiffs' motion for a TRO. Judge Robart concluded that the continued detention of these vulnerable plaintiffs amidst an outbreak of COVID-19 in the surrounding area did not amount to punishment. Judge Robart found that the conditions did not amount to punishment because there were no allegations of "express intent" to punish plaintiffs and because continued detention of plaintiffs was not excessive relative to the government's objective of "preventing detained aliens from absconding and ensuring that they appear for removal proceedings." Furthermore, Judge Robart decided that, because the plaintiffs only alleged the "possibility of harm," not that an outbreak of COVID-19 actually existed at NWDC, plaintiffs did not show that irreparable harm was likely in the absence of an injunction. In a footnote, Judge Robart stated that "the court is mindful of the gravity and rapidly changing nature of the COVID-19 pandemic. The court emphasizes that this order is based on and extends no further than the narrow set of facts, arguments, and requested relief presently before the court." 447 F. Supp. 3d 1047.

The defendants' filing opposing entry of a TRO had argued that the plaintiffs lacked standing. The court declined to rule on this in the March 19 order because the plaintiffs had not had an opportunity to respond. On March 20, the court ordered the plaintiffs to respond and explain why this case should not be dismissed for lack of standing.

On March 24, the plaintiffs filed a second motion for a TRO premised on developments in how courts were responding to the possibility of a COVID-19 outbreak in immigration detention facilities. The plaintiffs cited to a Ninth Circuit decision "releasing an individual from immigration detention '[i]n light of the rapidly escalating public health crisis, which public health authorities predict will especially impact immigration detention centers'" (Xochihua-Jaimes v. Barr). The plaintiffs also referenced "other federal court orders releasing individuals 'on bail or delay[ing] their imprisonment in light of the COVID-19 crisis'" and the fact that individuals have tested positive for COVID-19 at other immigration detention facilities in the United States.

In response, the defendants argued that the plaintiffs' continued detention was not "an excessive condition in relation to the legitimate objective of immigration detention." Defendants asserted that, at the time of filing, there were no confirmed cases of COVID-19, overcrowding was not an issue, and that ICE had "implemented robust procedures and protocols to protect the detainees." The defendants also filed a notice of supplemental authority, citing cases in which courts in this district denied motions for TROs to release immigration detainees on Fifth Amendment grounds.

On April 8, Judge Robart denied the plaintiffs' second motion for a TRO. First, Judge Robart found that the plaintiffs had standing, as they sufficiently alleged a concrete injury in the form of unsafe conditions, these conditions were traceable to defendants, and this injury was likely to be redressed by their release. Judge Robart also found that the court had jurisdiction to adjudicate the motion via a habeas petition. But Judge Robart concluded that the plaintiffs had not demonstrated a likelihood of success on the merits because there had not yet been a confirmed case of COVID-19 at the NWDC and because defendants submitted "evidence that they are taking substantial measures at this moment to prevent an outbreak of COVID-19 at the NWDC and contain an outbreak should one occur." Judge Robart further stated that "it would be improper for this court to rely on conditions at other detention facilities to conclude that the conditions at the NWDC represent a Fifth Amendment violation." Judge Robart also concluded that plaintiffs did not meet their burden of showing that irreparable injury is likely in the absence of an injunction: "the court cannot conclude either that the spread of COVID-19 inside the NWDC is inevitable, or that Respondents will be unable to contain it if it occurs."

Judge Robart also ordered defendants to inform the plaintiffs and the court "within at least 24 hours after learning that any individual physically present at the NWDC tests positive for or is otherwise diagnosed with COVID-19." 2020 WL 1704324.

The next day, Magistrate Judge Theiler issued an order for defendants to show cause why a writ of habeas corpus should not be granted by April 30. Defendants were also ordered to file a status update with the court if the custody status of any plaintiff changed.

On April 30, defendants filed a motion to dismiss and a memorandum showing why a writ of habeas corpus should not be granted. During summer and fall of 2020, the parties filed many key documents, but the Clearinghouse does not have access to them due to restrictions on PACER. However, from the docket, the defendants filed numerous notices in response to the court's April 8 decision (often several per week) and implemented a new COVID-19 testing protocol on June 8.

Magistrate Judge Theiler filed a report and recommendation on August 17, recommending that the court deny the plaintiffs' habeas petition and request for injunctive relief and to dismiss the action with prejudice. 2020 WL 6810978. Magistrate Judge Theiler found that the defendants had taken substantial steps to abate the risk of COVID-19 and that the court could no longer conclude that risk of COVID-19 in NWDC was "imminent."

The plaintiffs filed objections to the Magistrate's report on August 31, to which ICE responded on September 14. On November 19, 2020, the court adopted the Magistrate Judge's report and recommendation, and dismissed the case with prejudice, stating that if the plaintiffs believed they suffered new constitutional harms due to evolving situations with the COVID-19 pandemic, they could file a new action. 2020 WL 6799009.

Summary Authors

Emily Kempa (3/24/2020)

Aaron Gurley (5/18/2020)

Timothy Leake (11/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16977259/parties/dawson-v-asher/


Judge(s)

Robart, James L. (Washington)

Theiler, Mary Alice (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Cho, Eunice (Georgia)

Fathi, David Cyrus (District of Columbia)

Herat, Enoka (Washington)

Jadwat, Omar C. (New York)

Korthuis, Aaron (Washington)

Midgley, John (Washington)

Ngo, My Khanh (Connecticut)

Judge(s)

Robart, James L. (Washington)

Theiler, Mary Alice (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Cho, Eunice (Georgia)

Fathi, David Cyrus (District of Columbia)

Herat, Enoka (Washington)

Jadwat, Omar C. (New York)

Korthuis, Aaron (Washington)

Midgley, John (Washington)

Ngo, My Khanh (Connecticut)

Tan, Michael K. T. (New York)

Warden-Hertz, Tim Henry (Washington)

Attorneys(s) for Defendant

Byerley, David J (District of Columbia)

Hirst, Kevin (District of Columbia)

Lambert, Michelle R. (Washington)

Mell, Joan K. (Washington)

Moran, Brian T (Washington)

Other Attorney(s)

Buergel, Susanna M. (New York)

Gibbs, Robert H. (Washington)

Johnson, Darren W. (New York)

Kimball-Stanley, David C. (New York)

Expert/Monitor/Master

Bostock, Drew H (Washington)

Golob, Jonathan Louis (Michigan)

Greifinger, Robert B. (New York)

Langford, Stephen (Washington)

Malakhova, Sheri W (Washington)

Rivera, Ada (Washington)

Stern, Marc F. (Washington)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 20, 2020 Docket
4-6

Declaration of Robert B. Greifinger, MD; Declaration of Dr. Jonathan Louis Golob; Declaration of Dr. Marc Stern

March 16, 2020 Declaration/Affidavit
1

Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Complaint for Injunctive Relief

March 16, 2020 Complaint
2

Motion for Temporary Restraining Order

March 16, 2020 Pleading / Motion / Brief
31 & 28

Declaration of Dr. Ada Rivera; Government Response to Motion for Temporary Restraining Order

March 18, 2020 Declaration/Affidavit
33

Order Denying Temporary Restraining Order

447 F.Supp.3d 1047, 2020 WL 1304557

March 19, 2020 Order/Opinion
34

Order to Show Cause

March 20, 2020 Order/Opinion
65

Second Declaration of Dr. Ada Rivera

March 30, 2020 Declaration/Affidavit
64

Defendants' Response in Opposition to the Motion for a Temporary Restraining Order

March 30, 2020 Pleading / Motion / Brief
66

Declaration of Drew H. Bostock

March 30, 2020 Declaration/Affidavit

Resources

Title Description External URL

Dawson v. Asher

ACLU

On March 16, 2020, the ACLU National Prison Project, ACLU Immigrants’ Rights Project, and the Northwest Immigrant Rights Project filed Dawson v. Asher in the Western District of Washington, on behalf… March 17, 2020 https://www.aclu.org/cases/dawson-v-asher

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16977259/dawson-v-asher/

Last updated May 12, 2022

ECF Number Description Date Link
1

2241 PETITION for Writ of Habeas Corpus and Complaint for Injunctive Relief (Receipt # AWAWDC-6212001), filed by Kelvin Melgar-Alas, Jesus Gonzalez-Herrera, Joe Hlupheka Bayana, Norma Lopez Nunez, Alfredo Espinoza-Esparza, Marjoris Ramirez-Ochoa, Karlena Dawson, Leonidas Plutin Hernandez, Maria Gonzalez-Mendoza. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Nathalie Asher, # 3 Summons Matthew T Albence, # 4 Summons Immigration and Customs Enforcement, # 5 Summons Steven Langford, # 6 Summons Civil Process Clerk)(Adams, Matt) Modified on 3/16/2020. Document(s) regenerated to AUSA. (ST) (Entered: 03/16/2020)

March 16, 2020 PACER

Add and Terminate Judges

March 16, 2020 PACER
2

MOTION for Temporary Restraining Order, filed by Plaintiffs Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa. (Attachments: # 1 Proposed Order) Noting Date 3/16/2020, (Adams, Matt) Modified on 3/16/2020. Document(s) regenerated to AUSA. (ST) (Entered: 03/16/2020)

March 16, 2020 PACER
3

DECLARATION of Matt Adams filed by Plaintiffs Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 2 MOTION for Temporary Restraining Order (Adams, Matt) Modified on 3/16/2020. Document(s) regenerated to AUSA. (ST) (Entered: 03/16/2020)

March 16, 2020 PACER
4

DECLARATION of Robert B. Greifinger filed by Plaintiffs Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 2 MOTION for Temporary Restraining Order (Attachments: # 1 CV)(Adams, Matt) Modified on 3/16/2020. Document(s) regenerated to AUSA. (ST) (Entered: 03/16/2020)

March 16, 2020 PACER
5

DECLARATION of Jonathan Louis Golob filed by Plaintiffs Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 2 MOTION for Temporary Restraining Order (Attachments: # 1 CV)(Adams, Matt) Modified on 3/16/2020. Document(s) regenerated to AUSA. (ST) (Entered: 03/16/2020)

March 16, 2020 PACER
6

DECLARATION of Marc Stern filed by Plaintiffs Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 2 MOTION for Temporary Restraining Order (Attachments: # 1 CV)(Adams, Matt) Modified on 3/16/2020. Document(s) regenerated to AUSA. (ST) (Entered: 03/16/2020)

March 16, 2020 PACER
7

DECLARATION of Andrew Lorenzen-Strait filed by Plaintiffs Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 2 MOTION for Temporary Restraining Order (Attachments: # 1 CV)(Adams, Matt) Modified on 3/16/2020. Document(s) regenerated to AUSA. (ST) (Entered: 03/16/2020)

March 16, 2020 PACER
8

DECLARATION of Sydney Maltese filed by Plaintiffs Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 2 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Adams, Matt) Modified on 3/16/2020. Document(s) regenerated to AUSA. (ST) (Entered: 03/16/2020)

March 16, 2020 PACER

Judge James L. Robart and Hon. Mary Alice Theiler added. (ST)

March 16, 2020 PACER
9

DECLARATION of Marjoris Ramirez-Ochoa filed by Plaintiffs Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 2 MOTION for Temporary Restraining Order (Adams, Matt) (Entered: 03/16/2020)

March 16, 2020 PACER
10

DECLARATION of Karlena Dawson filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 2 MOTION for Temporary Restraining Order (Adams, Matt) (Entered: 03/16/2020)

March 16, 2020 PACER
11

DECLARATION of Maria Gonzalez Mendoza filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 2 MOTION for Temporary Restraining Order (Adams, Matt) (Entered: 03/16/2020)

March 16, 2020 PACER
12

Summons(es) Electronically Issued as to defendant(s) Matthew T Albence, Nathalie Asher, Steven Langford, United States Immigration and Customs Enforcement (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(ST) (Entered: 03/16/2020)

March 16, 2020 PACER
13

DECLARATION of Joe Hlupheka Bayana filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 2 MOTION for Temporary Restraining Order (Adams, Matt) (Entered: 03/16/2020)

March 16, 2020 PACER
14

DECLARATION of Leonidas Plutin Hernandez filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 2 MOTION for Temporary Restraining Order (Adams, Matt) (Entered: 03/16/2020)

March 16, 2020 PACER
15

DECLARATION of Kelvin Melgar-Alas filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 2 MOTION for Temporary Restraining Order (Adams, Matt) (Entered: 03/16/2020)

March 16, 2020 PACER
16

DECLARATION of Jesus Gonzalez Herrera filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 2 MOTION for Temporary Restraining Order (Adams, Matt) (Entered: 03/16/2020)

March 16, 2020 PACER
17

ORDER DIRECTING SERVICE AND SETTING BRIEFING SCHEDULE by Hon. Mary Alice Theiler. Electronic service of this Order and Plaintiff(s)' 1 Petition, 2 Motion for Temporary Restraining and all supporting documents shall effect service on the United States Attorney and plaintiff(s) defendants. Defendant(s) shall file a response by Noon on Wednesday, March 18, 2020. Plaintiff(s) may file a reply only if ordered by the Court. The Clerk is directed to RE-NOTE Plaintiff(s)' 2 Motion for a Temporary Restraining Order for March 18, 2020.(ST) Modified on 3/17/2020 (KB). (Entered: 03/16/2020)

March 16, 2020 RECAP
18

NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Respondents Matthew T Albence, Nathalie Asher, United States Immigration and Customs Enforcement. (Lambert, Michelle) (Entered: 03/16/2020)

March 16, 2020 PACER
19

NOTICE of intent to oppose re 2 MOTION for Temporary Restraining Order ; filed by Respondents Matthew T Albence, Nathalie Asher, United States Immigration and Customs Enforcement. (Lambert, Michelle) (Entered: 03/16/2020)

March 16, 2020 PACER
20

APPLICATION OF ATTORNEY My Khanh Ngo FOR LEAVE TO APPEAR PRO HAC VICE for Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa (Fee Paid) Receipt No. AWAWDC-6213726 (Adams, Matt) (Entered: 03/16/2020)

March 16, 2020 PACER
21

APPLICATION OF ATTORNEY Omar C. Jadwat FOR LEAVE TO APPEAR PRO HAC VICE for Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa (Fee Paid) Receipt No. AWAWDC-6213793 (Adams, Matt) (Entered: 03/16/2020)

March 16, 2020 PACER
22

APPLICATION OF ATTORNEY Michael K. Tan FOR LEAVE TO APPEAR PRO HAC VICE for Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa (Fee Paid) Receipt No. AWAWDC-6213799 (Adams, Matt) (Entered: 03/16/2020)

March 16, 2020 PACER
26

Summons(es) Electronically Issued as to defendant(s) Steven Langford. (Court seal wasn't put on summons when originally issued) (ST) (Entered: 03/17/2020)

March 16, 2020 PACER
23

ORDER re 20 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney My Khanh Ngo for Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 03/17/2020)

March 17, 2020 PACER

Order on Application for Leave to Appear Pro Hac Vice

March 17, 2020 PACER
24

ORDER re 21 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Omar Jadwat for Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 03/17/2020)

March 17, 2020 PACER
25

ORDER re 22 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Michael Tan for Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Jesus Gonzalez-Herrera, Maria Gonzalez-Mendoza, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 03/17/2020)

March 17, 2020 PACER
27

NOTICE of Supplemental Authority re 2 MOTION for Temporary Restraining Order, 1 Petition for Writ of Habeas Corpus,, by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa (Korthuis, Aaron) (Entered: 03/17/2020)

March 17, 2020 PACER
28

RESPONSE, by Respondents Matthew T Albence, Nathalie Asher, US Immigration and Customs Enforcement, to 2 MOTION for Temporary Restraining Order . (Lambert, Michelle) (Entered: 03/18/2020)

March 18, 2020 PACER
29

DECLARATION of Wilcox filed by Respondents Matthew T Albence, Nathalie Asher, US Immigration and Customs Enforcement re 2 MOTION for Temporary Restraining Order (Lambert, Michelle) (Entered: 03/18/2020)

March 18, 2020 PACER
30

DECLARATION of Bostock filed by Respondents Matthew T Albence, Nathalie Asher, US Immigration and Customs Enforcement re 2 MOTION for Temporary Restraining Order (Lambert, Michelle) (Entered: 03/18/2020)

March 18, 2020 PACER
31

DECLARATION of Rivera filed by Respondents Matthew T Albence, Nathalie Asher, US Immigration and Customs Enforcement re 2 MOTION for Temporary Restraining Order (Lambert, Michelle) (Entered: 03/18/2020)

March 18, 2020 PACER
32

NOTICE of Appearance by attorney Joan K Mell on behalf of Respondent Steven Langford. (Mell, Joan) (Entered: 03/19/2020)

March 19, 2020 PACER
33

ORDER DENYING 2 Motion for Temporary Restraining Order signed by Judge James L. Robart. (AD) Modified on 3/19/2020. Order emailed to ICE. (ST) (Entered: 03/19/2020)

March 19, 2020 RECAP
34

ORDER TO SHOW CAUSE re 28 Response to Motion by Judge James L. Robart. Show Cause Response due by 3/25/2020. (ST) (Entered: 03/20/2020)

March 20, 2020 RECAP
35

NOTICE of Request for Status Conference ; filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa. (Attachments: # 1 Exhibit A)(Korthuis, Aaron) (Entered: 03/20/2020)

March 20, 2020 PACER
36

MOTION for Temporary Restraining Order, filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) Noting Date 3/24/2020, (Korthuis, Aaron) (Entered: 03/24/2020)

March 24, 2020 PACER
37

DECLARATION of My Khanh Ngo filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 36 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Korthuis, Aaron) (Entered: 03/24/2020)

March 24, 2020 PACER
38

Second DECLARATION of Matt Adams filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 36 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A)(Korthuis, Aaron) (Entered: 03/24/2020)

March 24, 2020 PACER
39

Supplemental DECLARATION of Robert Greifinger filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 36 MOTION for Temporary Restraining Order (Korthuis, Aaron) (Entered: 03/24/2020)

March 24, 2020 PACER
40

Amended DECLARATION of Andrew Lorenzen-Strait filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera re 36 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Korthuis, Aaron) (Entered: 03/24/2020)

March 24, 2020 PACER
41

DECLARATION of Emma Rekart filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 36 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A)(Korthuis, Aaron) (Entered: 03/24/2020)

March 24, 2020 PACER
42

DECLARATION of Alejandra Gonza filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 36 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A)(Korthuis, Aaron) (Entered: 03/24/2020)

March 24, 2020 PACER
43

PRAECIPE re 39 Declaration, by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa (Attachments: # 1 Exhibit A)(Korthuis, Aaron) (Main Document 43 replaced on 3/25/2020 per counsel's request. Original praecipe was filed in blank.) (ST) (Entered: 03/24/2020)

March 24, 2020 PACER
44

NOTICE of Supplemental Authority re 36 MOTION for Temporary Restraining Order by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa (Korthuis, Aaron) (Entered: 03/24/2020)

March 24, 2020 PACER
45

NOTICE of intent to oppose TRO motion re 36 MOTION for Temporary Restraining Order ; filed by Respondents Matthew T Albence, Nathalie Asher, US Immigration and Customs Enforcement. (Lambert, Michelle) (Entered: 03/25/2020)

March 25, 2020 PACER
46

RESPONSE TO ORDER TO SHOW CAUSE by Petitioners Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa (Adams, Matt) (Entered: 03/25/2020)

March 25, 2020 PACER
47

ORDER SETTING BRIEFING SCHEDULE re 36 Second MOTION for Temporary and the court's order to show cause regarding standing 34 . Respondent-Defendants ordered to file a brief by noon on Monday, March 30, 2020, that includes (1) Defendants' response to Plaintiffs' second motion for a temporary restraining order; and (2) a reply, if any, to Plaintiffs' pending response to the court's order to show cause regarding standing. The court further VACATES Defendants' prior March 31, 2020, deadline to file a reply, if any, to Plaintiffs' response to the courts order to show cause. Signed by Judge James L. Robart. (PM) (Entered: 03/25/2020)

March 25, 2020 RECAP
48

NOTICE of Appearance by attorney Robert H. Gibbs on behalf of Petitioner Karlena Dawson Amicus party Public Health Officials . (Gibbs, Robert) Modified on 3/27/2020 to correct name of party (PM). (Entered: 03/27/2020)

March 27, 2020 PACER

Add and Terminate Parties

March 27, 2020 PACER

Order on Application for Leave to Appear Pro Hac Vice

March 27, 2020 PACER
49

APPLICATION OF ATTORNEY Susanna Buergel FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Karlena Dawson Amicus Party Public Health Officials (Fee Paid) Receipt No. AWAWDC-6236692 (Gibbs, Robert) Modified on 3/27/2020 to correct name of party (PM). (Entered: 03/27/2020)

March 27, 2020 PACER

Notice of Docket Text Modification

March 27, 2020 PACER
50

APPLICATION OF ATTORNEY Darren Johnson FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Karlena Dawson Amicus Party Public Health Officials (Fee Paid) Receipt No. AWAWDC-6236733 (Gibbs, Robert) Modified on 3/27/2020 to correct name of party (PM). (Entered: 03/27/2020)

March 27, 2020 PACER
51

APPLICATION OF ATTORNEY David Kimball-Stanley FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Karlena Dawson Amicus Party Public Health Officials (Fee Paid) Receipt No. AWAWDC-6236784 (Gibbs, Robert) Modified on 3/27/2020 to correct name of party (PM). (Entered: 03/27/2020)

March 27, 2020 PACER

Party Public Health Officials added per 48 Notice of Entry of Appearance. (PM)

March 27, 2020 PACER
52

NOTICE of Appearance by attorney Robert H. Gibbs on behalf of Amicus Public Health Officials. (Gibbs, Robert) (Entered: 03/27/2020)

March 27, 2020 PACER

NOTICE of Docket Text Modification re 50 Application for Leave to Appear Pro Hac Vice, 48 Notice of Appearance, 51 Application for Leave to Appear Pro Hac Vice, 49 Application for Leave to Appear Pro Hac Vice: edited texts to correct name of party from Petitioner Karlena Dawson to Amicus Party Public Health Officials. (PM)

March 27, 2020 PACER
53

ORDER re 49 Application for Leave to Appear Pro Hac Vice,. The Court ADMITS Attorney Susanna M Buergel for Amicus Public Health Officials, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 03/27/2020)

March 27, 2020 PACER
54

ORDER re 50 Application for Leave to Appear Pro Hac Vice,. The Court ADMITS Attorney Darren W Johnson for Amicus Public Health Officials, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 03/27/2020)

March 27, 2020 PACER
55

ORDER re 51 Application for Leave to Appear Pro Hac Vice,. The Court ADMITS Attorney David C Kimball-Stanley for Amicus Public Health Officials, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 03/27/2020)

March 27, 2020 PACER
56

NOTICE of Supplemental Authority re 36 MOTION for Temporary Restraining Order by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Korthuis, Aaron) (Entered: 03/27/2020)

March 27, 2020 PACER
57

NOTICE regarding Plaintiffs' Release and Health Status re 36 MOTION for Temporary Restraining Order, 1 Petition for Writ of Habeas Corpus,, ; filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa. (Attachments: # 1 Exhibit A)(Korthuis, Aaron) (Entered: 03/27/2020)

March 27, 2020 PACER
58

DECLARATION of Dora B. Schriro filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 36 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A)(Korthuis, Aaron) (Entered: 03/27/2020)

March 27, 2020 PACER
59

Supplemental DECLARATION of Robert Greifinger filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 36 MOTION for Temporary Restraining Order (Korthuis, Aaron) (Entered: 03/27/2020)

March 27, 2020 PACER
60

MOTION for Leave to File Amici Brief, filed by Amicus Public Health Officials. Noting Date 4/17/2020, (Gibbs, Robert) (Entered: 03/28/2020)

March 28, 2020 PACER
61

NOTICE of Supplemental Authority re 36 MOTION for Temporary Restraining Order by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa (Attachments: # 1 Exhibit A)(Korthuis, Aaron) (Entered: 03/30/2020)

March 30, 2020 PACER

Notice re Lack of Proper Signature

March 30, 2020 PACER

NOTICE REGARDING LACK OF PROPER SIGNATURE. The 52 Notice of Appearance was not signed or properly dated by Robert Gibbs. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with ECF Filing Procedures. Please file corrected signature page using Praecipe to Attach event and link to original filing. (PM)

March 30, 2020 PACER
62

PRAECIPE to attach document (Appearance) for Amici re 60 MOTION for Leave to File Amici Brief by Amicus Public Health Officials (Gibbs, Robert) (Entered: 03/30/2020)

March 30, 2020 PACER
63

REPLY TO PLAINTIFFS' RESPONSE TO ORDER TO SHOW CAUSE by Respondents Matthew T Albence, Nathalie Asher, US Immigration and Customs Enforcement (Lambert, Michelle) Modified on 3/31/2020 to edit docket text (TH). (Entered: 03/30/2020)

March 30, 2020 PACER
64

RESPONSE, by Respondents Matthew T Albence, Nathalie Asher, Steven Langford, US Immigration and Customs Enforcement, to 36 MOTION for Temporary Restraining Order . (Lambert, Michelle) (Entered: 03/30/2020)

March 30, 2020 PACER
65

DECLARATION of Dr. Ada Rivera filed by Respondents Matthew T Albence, Nathalie Asher, Steven Langford, US Immigration and Customs Enforcement re 36 MOTION for Temporary Restraining Order (Lambert, Michelle) (Entered: 03/30/2020)

March 30, 2020 PACER
66

DECLARATION of Drew H. Bostock filed by Respondents Matthew T Albence, Nathalie Asher, Steven Langford, US Immigration and Customs Enforcement re 36 MOTION for Temporary Restraining Order (Lambert, Michelle) (Entered: 03/30/2020)

March 30, 2020 PACER
67

DECLARATION of Michelle R. Lambert filed by Respondents Matthew T Albence, Nathalie Asher, Steven Langford, US Immigration and Customs Enforcement re 36 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lambert, Michelle) (Entered: 03/30/2020)

March 30, 2020 PACER
68

DECLARATION of Stephen Langford filed by Respondent Steven Langford re 36 MOTION for Temporary Restraining Order (Mell, Joan) (Entered: 03/30/2020)

March 30, 2020 PACER
69

PRAECIPE re 67 Declaration, 65 Declaration, 66 Declaration, 64 Response to Motion by Respondents Matthew T Albence, Nathalie Asher, US Immigration and Customs Enforcement (Lambert, Michelle) (Entered: 03/30/2020)

March 30, 2020 PACER
70

RESPONSE Notice of Release of Plaintiff Karlena Dawson from Immigration Detention, by Respondents Matthew T Albence, Nathalie Asher, US Immigration and Customs Enforcement, to 36 MOTION for Temporary Restraining Order . (Attachments: # 1 Complaint A)(Lambert, Michelle) Modified on 3/31/2020 to edit docket text (TH). (Entered: 03/30/2020)

March 30, 2020 PACER
71

NOTICE of Supplemental Authority by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa (Attachments: # 1 Exhibit A)(Korthuis, Aaron) (Entered: 03/31/2020)

March 31, 2020 PACER

Notice of Docket Text Modification

March 31, 2020 PACER

NOTICE of Docket Text Modification re 70 Response to Motion, : Edited docket text to reflect language on the pleading (TH)

March 31, 2020 PACER
72

NOTICE of Supplemental Authority re 36 MOTION for Temporary Restraining Order, 64 Response to Motion by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa (Attachments: # 1 Exhibit A)(Korthuis, Aaron) (Entered: 03/31/2020)

March 31, 2020 PACER
73

ORDER directing parties to file additional evidence by this Friday, April 3, 2020, re: Petitioner-Plaintiffs' 36 Second MOTION for Temporary Restraining Order. Signed by Judge James L. Robart. (PM) (Entered: 04/01/2020)

April 1, 2020 RECAP
74

Second DECLARATION of Stephen Langford filed by Respondent Steven Langford re 36 MOTION for Temporary Restraining Order (Mell, Joan) (Entered: 04/03/2020)

April 3, 2020 PACER
75

DECLARATION of Sheri Malakhova, M.D. filed by Respondents Matthew T Albence, Nathalie Asher, US Immigration and Customs Enforcement re 73 Order, re 36 MOTION for Temporary Restraining Order (Lambert, Michelle) Modified on 4/3/2020 to add link to 73 Order re additional evidence, per request from counsel (PM). (Entered: 04/03/2020)

April 3, 2020 PACER

Notice of Docket Text Modification

April 3, 2020 PACER
76

Supplemental DECLARATION of Drew H. Bostock filed by Respondents Matthew T Albence, Nathalie Asher, US Immigration and Customs Enforcement re 73 Order, re 36 MOTION for Temporary Restraining Order (Lambert, Michelle) Modified on 4/3/2020 to add document link to 73 Order re additional evidence, per request from counsel. (PM). (Entered: 04/03/2020)

April 3, 2020 PACER
77

Supplemental DECLARATION of Robert Greifinger filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 73 Order, re 36 MOTION for Temporary Restraining Order (Korthuis, Aaron) Modified on 4/3/2020 to add link to 73 Order directing additional evidence (PM). (Entered: 04/03/2020)

April 3, 2020 PACER
78

Supplemental DECLARATION of Karlena Dawson filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 73 Order, re: 36 MOTION for Temporary Restraining Order (Korthuis, Aaron) (Entered: 04/03/2020)

April 3, 2020 PACER
79

DECLARATION of Alfredo Espinoza Esparza filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 73 Order; re 36 MOTION for Temporary Restraining Order (Korthuis, Aaron) Modified on 4/3/2020 to add document link to 73 Order re additional evidence, per request from counsel. (KB). (Entered: 04/03/2020)

April 3, 2020 PACER
80

DECLARATION of Flavio Lopez Gonzalez filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 73 Order 36 MOTION for Temporary Restraining Order (Korthuis, Aaron) (Entered: 04/03/2020)

April 3, 2020 PACER
81

DECLARATION of Norma Lopez Nunez filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 73 Order; re 36 MOTION for Temporary Restraining Order (Korthuis, Aaron) Modified on 4/3/2020 to add document link to 73 Order re additional evidence, per request from counsel. (KB). (Entered: 04/03/2020)

April 3, 2020 PACER
82

Supplemental DECLARATION of Leonides Plutin Hernandez filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 73 Order; re 36 MOTION for Temporary Restraining Order (Korthuis, Aaron) Modified on 4/3/2020 to add document link to 73 Order re additional evidence, per request from counsel. (KB). (Entered: 04/03/2020)

April 3, 2020 PACER
83

DECLARATION of Andrew Augustine filed by Petitioners Joe Hlupheka Bayana, Karlena Dawson, Alfredo Espinoza-Esparza, Maria Gonzalez-Mendoza, Jesus Gonzalez Herrera, Norma Lopez Nunez, Kelvin Melgar-Alas, Leonidas Plutin Hernandez, Marjoris Ramirez-Ochoa re 73 Order; re 36 MOTION for Temporary Restraining Order (Korthuis, Aaron) Modified on 4/3/2020 to add document link to 73 Order re additional evidence, per request from counsel. (KB). (Entered: 04/03/2020)

April 3, 2020 PACER

NOTICE of Docket Text Modification re 75 Declaration, 76 Declaration : edited text to add document link to the 73 Order re additiional evidence, per request from counsel. (PM)

April 3, 2020 PACER

NOTICE of Docket Text Modification re 79 Declaration, 81 Declaration, 82 Declaration, 83 Declaration : Edited text to add document link to the 73 Order re additional evidence, per request from counsel (dockets 77, 78, and 80 are already linked to Order). (KB)

April 3, 2020 PACER
84

DECLARATION of Drew H. Bostock re 73 Order by Respondent US Immigration and Customs Enforcement (Lambert, Michelle) (Entered: 04/06/2020)

April 6, 2020 PACER
85

NOTICE of Supplemental Authority by Respondents Matthew T Albence, Nathalie Asher, US Immigration and Customs Enforcement (Attachments: # 1 Exhibit, # 2 Exhibit)(Lambert, Michelle) (Entered: 04/06/2020)

April 6, 2020 PACER

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: March 16, 2020

Closing Date: Nov. 20, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals held in a civil detention center near Seattle who are particularly susceptible to harm or death from COVID-19 due to their age (over 50) or their underlying health conditions

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

ACLU Immigrants' Rights Project

Northwest Immigrant Rights Project (NWIRP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement, Federal

Warden of the Northwest Detention Center (Tacoma, Pierce), Private Entity/Person

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Habeas Corpus

Over/Unlawful Detention

Placement in detention facilities

Sanitation / living conditions

Totality of conditions

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Non-government for profit

Immigration/Border:

Constitutional rights

Detention - conditions

Undocumented immigrants - rights and duties