Case: Coronel v. Decker

1:20-cv-02472 | U.S. District Court for the Southern District of New York

Filed Date: March 20, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: In this case, federal district judge Allison Nathan (SDNY) granted emergency relief on March 27, 2020, requiring ICE to release seven at-risk detainees from immigration detention in light of the grave threat posed by congregate detention during the COVID-19 pandemic. On March 20, 2020, seven persons held in civil immigration detention centers in the New York City area -- who because of serious and chronic medical conditions face a significant risk of severe illness or death if…

COVID-19 Summary: In this case, federal district judge Allison Nathan (SDNY) granted emergency relief on March 27, 2020, requiring ICE to release seven at-risk detainees from immigration detention in light of the grave threat posed by congregate detention during the COVID-19 pandemic.


On March 20, 2020, seven persons held in civil immigration detention centers in the New York City area -- who because of serious and chronic medical conditions face a significant risk of severe illness or death if they catch COVID-19 -- filed this habeas petition and complaint in the United States District Court for the Southern District of New York. Represented by the Bronx Defenders and the Legal Aid Society, the plaintiffs sued the director of U.S. Immigration and Customs Enforcement's (ICE) New York City field office, the director of the U.S. Department of Homeland Security (DHS), the United States Attorney General, and the directors of three New York City area civil immigration detention facilities. The plaintiffs claimed that the risk posed to them by continued detention during an outbreak of COVID-19 in New York City that reached a New York City ICE facility violated their procedural and substantive due process rights. They sought an order "directing Defendants to immediately release Plaintiffs from custody on their own recognizance or on reasonable conditions of supervision" or, in the alternative, "an order requiring Defendants to provide Plaintiffs with constitutionally adequate, individualized hearings within 48 hours" and prove that continued detention is justified in light of plaintiffs' vulnerability to COVID-19. The plaintiffs also sought attorneys' fees and costs. The case was assigned to Judge Alvin K. Hellerstein.

The New York City metropolitan area was an epicenter of the global COVID-19 pandemic; at the time the complaint was filed, there were "over 7,800 confirmed cases in New York and New Jersey and 44 virus-related deaths." To contain the outbreak, officials in New York took unprecedented measures to emphasize and enforce social distancing, ordering workers to stay home, banning gatherings of over 50 people, and shutting down schools, restaurants, and bars. However, immigration detention facilities, where detainees are "packed in close quarters" and "forced to share necessities like showers, telephones, toilets and sinks with dozens of others" make the practice of adequate social distancing difficult. If COVID-19 were introduced into these detention centers its spread would be difficult to contain. The spread of COVID-19 (for which there is no vaccine, known treatment, or cure) would be especially dangerous for detainees with serious medical conditions such as congestive heart failure, diabetes, hypertension, and kidney malfunction. Medical health experts have concluded that reducing jail populations is a "necessary component of risk mitigation during widespread COVID-19 outbreak, and that officials should first focus on vulnerable populations to reduce harm to the entire population."

The plaintiffs claimed that "the continued imprisonment of these high-risk individuals violates their due process rights both by constituting deliberate indifference to serious medical harm and by failing to provide procedural safeguards commensurate with the serious deprivation of life and liberty that they face." Moreover, the plaintiffs asserted that ICE has the authority to release individuals like the plaintiffs but that ICE has not responded to plaintiffs' request for bond or release, despite the evidence that plaintiffs are neither dangerous nor flight risks. Under normal circumstances, the plaintiffs would be able to seek bond hearings in immigration courts to prove that they are not a danger or flight risk. However, plaintiffs claimed that due to the COVID-19 outbreak, immigration courts in the New York City area "no longer provide an effective venue for detainees to vindicate their right to review their detention through bond hearings." Thus, the plaintiffs argued that they were unable to "promptly access any meaningful administrative remedy" and that bringing this suit was their only recourse.

The plaintiffs requested that this case be filed as related to Velesaca v. Decker (IM-NY-0072 in this Clearinghouse), a case in which the plaintiffs' requested relief of individualized custody determinations for civil immigration detainees was made more urgent by the risk of COVID-19 spreading in ICE facilities.

On March 23, 2020, the plaintiffs filed a motion for temporary restraining order (TRO), seeking an "order directing their immediate release while this case proceeds in order to prevent potentially irreversible injury, in a situation where the 'magnitude of risk [] grow[s] exponentially' by the day and even the hour." At the time this motion was filed, plaintiffs stated that COVID-19 had spread to at least two of the jails where ICE held five of the plaintiffs. The plaintiffs asserted that they would suffer irreparable harm in the absence of a TRO, that they would succeed on the merits of their claims of deliberate indifference and lack of procedural safeguards, and that the balance of equities and public interest weigh in their favor; thus, a TRO granting their immediate release was appropriate.

The case was reassigned to Judge Alison J. Nathan on March 25.

After holding oral argument before the court on March 26, Judge Nathan issued an opinion and order granting the plaintiffs' motion for TRO, requiring defendants to release the plaintiffs from immigration detention "on reasonable conditions." Judge Nathan held that the plaintiffs would suffer irreparable injury absent a TRO, considering the increased risk of severe injury or death if they catch COVID-19 due to their underlying health conditions. Judge Nathan also concluded that continued detention in immigration detention "places Petitioners at significantly higher risk of contracting COVID-19" and that "jails will struggle to contain any eventual outbreak of COVID-19." Judge Nathan further found that the plaintiffs were likely to succeed on their substantive due process claim that defendants acted with deliberate indifference to their serious medical needs, noting that "the record contains no evidence that the Government took any specific action to prevent the spread of COVID-19 to high-risk individuals, like the Petitioners, currently being held in civil detention." Moreover, Judge Nathan concluded that plaintiffs "have demonstrated a likelihood of success on their claim that the Due Process Clause entitles Petitioners to an expeditious bond hearing that considers the individualized risk that COVID-19 poses to their health." Lastly, Judge Nathan held that, because this was a "rare case of extraordinary circumstances," "release is therefore necessary to 'make the habeas remedy effective.'"

The same day, after conferring with the parties, Judge Nathan issued an order clarifying the conditions for the release of four of the plaintiffs. Two of the plaintiffs were to be released on conditions the parties agreed to: "on their own recognizance and enrolled in the Intensive Supervision Appearance Program (ISAP) subject to the following conditions: that they not violate any laws or ordinances; that they surrender for removal, if so ordered, and that they keep ICE and EOIR advised of any changes in address." As to the two remaining plaintiffs to be released, Judge Nathan ordered that they be released subject to the same agreed-upon conditions, as well as electronic monitoring. According to Judge Nathan's order, the four plaintiffs were released from immigration detention at 5 PM on March 27.

Following the court's grant of TRO, the plaintiffs filed a first amended petition for habeas relief on April 30, in which they joined four new plaintiffs. Defendants subsequently filed a letter to the court requesting that the court resolve threshold questions of severance and any related issues of joinder and amendment. After expedited briefing on these issues, Judge Nathan issued an order on April 1 prohibiting the joinder of the four new plaintiffs. Judge Nathan stated that joinder of the new plaintiffs was inappropriate because it would create the appearance of forum shopping.

On May 13, the defendants filed an opposition to the plaintiffs' petition for writ of habeas corpus. Defendants filed several exhibits and declarations in support of their opposition. However, because the Clearinghouse does not have access to the opposition or supplemental filings, the arguments raised by defendants are not available.

With no recent docket entires, the case is now presumed closed.

Summary Authors

Aaron Gurley (3/28/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16998504/parties/coronel-v-decker/


Judge(s)

Nathan, Alison J. (District of Columbia)

Attorneys(s) for Plaintiff

Berman, Geoffrey S. (New York)

Dona, Julie Ann (New York)

Holder, Adriene L. (New York)

Levine, Zoe (New York)

Mathur, Suchita (New York)

Padmanabhan, Aadhithi (New York)

Sabel, Janet E. (New York)

Shafiqullah, Hasan (New York)

Toson, Lilia (New York)

Judge(s)

Nathan, Alison J. (District of Columbia)

Attorneys(s) for Plaintiff

Berman, Geoffrey S. (New York)

Dona, Julie Ann (New York)

Holder, Adriene L. (New York)

Levine, Zoe (New York)

Mathur, Suchita (New York)

Padmanabhan, Aadhithi (New York)

Sabel, Janet E. (New York)

Shafiqullah, Hasan (New York)

Toson, Lilia (New York)

Attorneys(s) for Defendant

Byars, Michael James (New York)

Kochevar, Steven J. (New York)

Documents in the Clearinghouse

Document

1:20-cv-02472

Docket

May 13, 2020

May 13, 2020

Docket
1

1:20-cv-02472

Petition for Writ of Habeas Corpus and Complaint for Injunctive Relief

March 20, 2020

March 20, 2020

Complaint
17

1:20-cv-02472

Plaintiffs' Memorandum of Law in Support of Their Motion for a Temporary Restraining Order

March 23, 2020

March 23, 2020

Pleading / Motion / Brief
26

1:20-cv-02472

Opinion and Order

March 27, 2020

March 27, 2020

Order/Opinion
28

1:20-cv-02472

Endorsement RE: Coronel et al. v. Decker, No. 20-cv-2472 (AJN)

March 27, 2020

March 27, 2020

Order/Opinion
35

1:20-cv-02472

Order

April 1, 2020

April 1, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16998504/coronel-v-decker/

Last updated Aug. 30, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19183164)Document filed by Jose Otero, Ramon Garcia Ponce, Miguel Miranda, Josefina Coronel, Florencio Moristica, Juan Morocho Sumba, Jose Madrid. (Attachments: # 1 Affidavit Declaration of Ranit Mishori, # 2 Affidavit Declaration of Marinda Van Dale).(Padmanabhan, Aadhithi) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
2

CIVIL COVER SHEET filed..(Padmanabhan, Aadhithi) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
3

STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-1803. Document filed by Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Padmanabhan, Aadhithi) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
4

NOTICE OF APPEARANCE by Lilia Isobel Toson on behalf of Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Toson, Lilia) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
5

NOTICE OF APPEARANCE by Julie Ann Dona on behalf of Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Dona, Julie) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
6

NOTICE OF APPEARANCE by Suchita Deolalikar Mathur on behalf of Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Mathur, Suchita) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
7

FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Steven Ahrendt, re: 1 Petition for Writ of Habeas Corpus,. Document filed by Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Padmanabhan, Aadhithi) Modified on 3/23/2020 (pne). (Entered: 03/21/2020)

March 21, 2020

March 21, 2020

PACER
8

FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to William Anderson, re: 1 Petition for Writ of Habeas Corpus,. Document filed by Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Padmanabhan, Aadhithi) Modified on 3/23/2020 (pne). (Entered: 03/21/2020)

March 21, 2020

March 21, 2020

PACER
9

FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to William Barr, re: 1 Petition for Writ of Habeas Corpus,. Document filed by Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Padmanabhan, Aadhithi) Modified on 3/23/2020 (pne). (Entered: 03/21/2020)

March 21, 2020

March 21, 2020

PACER
10

FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Decker, re: 1 Petition for Writ of Habeas Corpus,. Document filed by Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Padmanabhan, Aadhithi) Modified on 3/23/2020 (pne). (Entered: 03/21/2020)

March 21, 2020

March 21, 2020

PACER
11

FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Carl Dubois, re: 1 Petition for Writ of Habeas Corpus,. Document filed by Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Padmanabhan, Aadhithi) Modified on 3/23/2020 (pne). (Entered: 03/21/2020)

March 21, 2020

March 21, 2020

PACER
12

FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Ronald P. Edwards, re: 1 Petition for Writ of Habeas Corpus,. Document filed by Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Padmanabhan, Aadhithi) Modified on 3/23/2020 (pne). (Entered: 03/21/2020)

March 21, 2020

March 21, 2020

PACER
13

FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Chad Wolf, re: 1 Petition for Writ of Habeas Corpus,. Document filed by Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Padmanabhan, Aadhithi) Modified on 3/23/2020 (pne). (Entered: 03/21/2020)

March 21, 2020

March 21, 2020

PACER

Case Opening Initial Assignment Notice

March 23, 2020

March 23, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pne)

March 23, 2020

March 23, 2020

PACER

Case Designated ECF. (pne)

March 23, 2020

March 23, 2020

PACER

Case Designated ECF

March 23, 2020

March 23, 2020

PACER

CASE REFERRED TO Judge Alvin K. Hellerstein as possibly related to 20CV1803. (pne)

March 23, 2020

March 23, 2020

PACER

Case Referred as Possibly Related/Similar

March 23, 2020

March 23, 2020

PACER

Notice to Attorney Regarding Party Modification

March 23, 2020

March 23, 2020

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Aadhithi Padmanabhan. The party information for the following party/parties has been modified: Jose Otero, Ramon Garcia Ponce, Miguel Miranda, Josefina Coronel, Florencio Moristica, Juan Morocho Sumba, Jose Madrid, Thomas Decker, Chad Wolf, William P. Barr, Ronald P. Edwards, Steven Ahrendt, William Anderson, Carl E. Dubois. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (pne)

March 23, 2020

March 23, 2020

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

March 23, 2020

March 23, 2020

PACER

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

March 23, 2020

March 23, 2020

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

March 23, 2020

March 23, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Aadhithi Padmanabhan to RE-FILE Document No. 10 Request for Issuance of Summons, 13 Request for Issuance of Summons, 9 Request for Issuance of Summons, 8 Request for Issuance of Summons, 12 Request for Issuance of Summons, 7 Request for Issuance of Summons, 11 Request for Issuance of Summons,. The filing is deficient for the following reason(s): caption error; do not use abbreviations in case caption; if all party names do not fit in the space provided, enter the name of the first listed defendant followed by 'et al'; the name of the party for whom the summons is being requested must appear in the 'To' field of the PDF and on the docket entry text exactly as it does on pleading caption; middle initial of William Barr and Carl Dubois were omitted. 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 corrected summons form PDF. (pne)

March 23, 2020

March 23, 2020

PACER
14

OBJECTION TO STATEMENT OF RELATEDNESS re: 3 Statement of Relatedness . Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Byars, Michael) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER
15

NOTICE OF APPEARANCE by Michael James Byars on behalf of Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Byars, Michael) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER
16

MOTION for Temporary Restraining Order for Plaintiffs' Immediate Release. Document filed by Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero. (Attachments: # 1 Text of Proposed Order).(Padmanabhan, Aadhithi) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER
17

MEMORANDUM OF LAW in Support re: 16 MOTION for Temporary Restraining Order for Plaintiffs' Immediate Release. . Document filed by Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero. (Attachments: # 1 Affidavit of Dr Ranit Mishori, # 2 Affidavit of Marinda Van Dalen, # 3 Affidavit of Katherine Kim, # 4 Affidavit of Sarah Deri Oshiri, # 5 Affidavit of Karla Ostolaza, # 6 Affidavit of Bridget Kessler, # 7 Exhibit Bergen County Jail Press Release, # 8 Exhibit Letter from Dr Allen and Dr Rich, # 9 Exhibit Letter from NYC BOC, # 10 Exhibit DHS OIG Report).(Padmanabhan, Aadhithi) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER
18

LETTER addressed to Judge Alvin K. Hellerstein from Aadhithi Padmanabhan dated March 24, 2020 re: Reply to Government's Opposition to Statement of Relatedness. Document filed by Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Padmanabhan, Aadhithi) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER
19

NOTICE OF APPEARANCE by Steven John Kochevar on behalf of Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Kochevar, Steven) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER
20

PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero. (Attachments: # 1 Application for Order to Show Cause in Support of Motion for Temporary Restraining Order).(Mathur, Suchita) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER

Case Designation

March 25, 2020

March 25, 2020

PACER

Notice of Case Assignment/Reassignment

March 25, 2020

March 25, 2020

PACER

Magistrate Judge Debra C. Freeman 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. (ad)

March 25, 2020

March 25, 2020

PACER

NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Unassigned is no longer assigned to the case. (ad)

March 25, 2020

March 25, 2020

PACER
21

ORDER re: 20 Proposed Order to Show Cause Without Emergency Relief: A hearing on Petitioners-Plaintiffs' application for an order to show cause on their motion for a temporary restraining order is hereby scheduled for March 26, 2020 at 11:30 a.m. The hearing will be held by telephone. At 11:30 a.m., the parties shall call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 919-6964, followed by the pound (#) key. By 8 a.m. on March 26, 2020, the Government shall file a written response to Petitioners-Plaintiffs' motion for a temporary restraining order. (Telephone Conference set for 3/26/2020 at 11:30 AM before Judge Alison J. Nathan. Responses due by 3/26/2020) (Signed by Judge Alison J. Nathan on 3/25/2020) (jwh) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

RECAP
22

MEMORANDUM OF LAW in Opposition re: 16 MOTION for Temporary Restraining Order for Plaintiffs' Immediate Release. . Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Kochevar, Steven) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
23

NOTICE OF APPEARANCE by Zoe Pokempner Levine on behalf of Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Levine, Zoe) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
24

LETTER addressed to Judge Alison J. Nathan from AUSA Steven J. Kochevar dated March 26, 2020 re: Additional Criminal History Information. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Kochevar, Steven) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
25

LETTER addressed to Judge Alison J. Nathan from Aadhithi Padmanabhan dated March 26, 2020 re: Notice of Decision in Basank v Decker. Document filed by Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Padmanabhan, Aadhithi) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER

Minute Entry for proceedings held before Judge Alison J. Nathan: Hearing held on Petitioners-Plaintiffs' request for an order to show cause on their motion for a temporary restraining order. The motion was submitted. See transcript for complete details. (Court Reporter Martha Martin) (aog) Modified on 4/27/2020 (Landers, Rigoberto).

March 26, 2020

March 26, 2020

PACER
26

OPINION & ORDER re: 16 MOTION for Temporary Restraining Order for Plaintiffs' Immediate Release filed by Juan Morocho Sumba, Josefina Coronel, Florencio Moristica, Jose Otero, Jose Madrid, Ramon Garcia Ponce, Miguel Miranda. For the foregoing reasons, the Court GRANTS Petitioners' motion for a temporary restraining order. The Court therefore orders Respondents to immediately RELEASE Petitioners on reasonable conditions. The parties are hereby ordered to meet and confer and propose reasonable bond conditions no later than 12 PM on March 27, 2020. This resolves Dkt. No. 16. (Signed by Judge Alison J. Nathan on 3/27/2020) (mro) Modified on 3/30/2020 (mro). (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

RECAP
27

JOINT LETTER addressed to Judge Alison J. Nathan from Aadhithi Padmanabhan dated March 27, 2020 re: Parties' Respective Positions on Petitioners' Conditions of Release. Document filed by Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Padmanabhan, Aadhithi) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
28

MEMO ENDORSEMENT on re: 27 Letter, filed by Juan Morocho Sumba, Josefina Coronel, Florencio Moristica, Jose Otero, Jose Madrid, Ramon Garcia Ponce, Miguel Miranda. ENDORSEMENT: Mr. Otero and Mr. Miranda shall be released on the parties' agreed-upon conditions. Mr. Morocho Sumba and Mr. Madrid shall be released on the parties' agreed upon conditions as well as electronic monitoring, so long as electronic monitoring does not delay release by 5 p.m. (Signed by Judge Alison J. Nathan on 3/27/2020) (mro) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
29

pdf document STRICKEN as per Judge's Order dated 4/1/2020, Doc. #35 FIRST AMENDED PETITION amending 1 Petition for Writ of Habeas Corpus, against Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf.Document filed by Miguel Miranda, Josefina Coronel, Juan Morocho Sumba, Jose Otero, Ramon Garcia Ponce, Florencio Moristica, Jose Madrid, Ananda Rajapaksha, Fedor Bondarenko, Cristian Arriaga Reyes, Alvaro Negrette Mejia. Related document: 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit Mishori Decl., # 2 Exhibit Van Dalen Decl.).(Mathur, Suchita) Modified on 4/1/2020 (rjm). (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
30

JOINT LETTER addressed to Judge Alison J. Nathan from AUSA Steven J. Kochevar dated March 30, 2020 re: Severance. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Kochevar, Steven) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER

***STRICKEN DOCUMENT. Deleted document (pdf only) number 29 from the case record. The document was stricken from this case pursuant to 35 Order Striking Document from Record. (rjm)

March 30, 2020

March 30, 2020

PACER
31

MEMO ENDORSEMENT on re: 30 JOINT LETTER addressed to Judge Alison J. Nathan from AUSA Steven J. Kochevar dated March 30, 2020 re: Severance. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf. ENDORSEMENT: As the Court indicated in its prior Opinion and Order, see Dkt. No. 26, severance may well be appropriate. That possibility, coupled with the appearance of judge shopping with the addition of these new Petitioners, requires the Court to resolve the issues of amendment and severance first. The Court will adopt the Government's proposed briefing schedule and resolve that issue in due course. But if counsel for Petitioners deem consideration of a temporary restraining order for the new Petitioners a matter of urgency, they should consider stipulating to severance of the new Petitioners and filing separately for random assignment so that the request for a temporary restraining order can be addressed in short order. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/30/2020) (rjm) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER

Notice to Court Regarding Proposed Order

March 31, 2020

March 31, 2020

PACER
32

MEMORANDUM OF LAW in Opposition to Severance and in Support of Amending the Pleadings. Document filed by Cristian Arriaga Reyes, Fedor Bondarenko, Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Alvaro Negrette Mejia, Jose Otero, Ananda Rajapaksha..(Mathur, Suchita) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
33

PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Cristian Arriaga Reyes, Fedor Bondarenko, Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Alvaro Negrette Mejia, Jose Otero, Ananda Rajapaksha. (Attachments: # 1 Application for an Order to Show Cause, # 2 Exhibit A. Supp. Kim Decl., # 3 Exhibit B. Supp. Ostolaza Decl., # 4 Exhibit C. Supp. Oshiro Decl.).(Mathur, Suchita) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER

***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. 33 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. The Order to Show Cause looks like it is with a TRO, looking at the Declarations. (dt)

March 31, 2020

March 31, 2020

PACER
34

REPLY to Response to Motion re: 16 MOTION for Temporary Restraining Order for Plaintiffs' Immediate Release. Reply in Support of Severance and in Opposition to the Joinder of Additional Parties. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Kochevar, Steven) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
35

ORDER. Accordingly, Respondents' motion to sever the original Petitioners is hereby denied without prejudice. See Dkt. No. 22 at 69. The Clerk of Court is directed to strike the First Amended Petition filed at Dkt. No. 29. The Petitioners Rajapaksha, Bondarenko, Arriaga Reyes, and Negrette Mejia may immediately refile with the Clerk of Court for random assignment. The Order to Show Cause for a Temporary Restraining Order with respect to the release of these Petitioners, Dkt. No. 33, is denied with leave to refile following random assignment of their habeas petition(s). SO ORDERED. (Signed by Judge Alison J. Nathan on 3/31/2020) (rjm) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

RECAP

Note Regarding Stricken Document

April 1, 2020

April 1, 2020

PACER
36

JOINT LETTER addressed to Judge Alison J. Nathan from AUSA Steven J. Kochevar dated April 7, 2020 re: Extension of Temporary Restraining Order. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Kochevar, Steven) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
37

MEMO ENDORSEMENT on re: 36 Letter. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 4/7/2020) (jwh) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
38

TRANSCRIPT of Proceedings re: CONFERENCE held on 3/26/2020 before Judge Alison J. Nathan. 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 5/6/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/14/2020..(McGuirk, Kelly) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
39

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/26/2020 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: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
40

JOINT LETTER addressed to Judge Alison J. Nathan from AUSA Steven J. Kochevar dated April 15, 2020 re: Additional Extension of Temporary Restraining Order. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Kochevar, Steven) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
41

MEMO ENDORSEMENT on re: 40 JOINT LETTER addressed to Judge Alison J. Nathan from AUSA Steven J. Kochevar dated April 15, 2020 re: Additional Extension of Temporary Restraining Order. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf. ENDORSEMENT: So ordered. (Signed by Judge Alison J. Nathan on 4/15/2020) (rjm) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
42

JOINT LETTER addressed to Judge Alison J. Nathan from AUSA Steven J. Kochevar dated April 24, 2020 re: Proposed Schedule and Extension of Temporary Restraining Order. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Kochevar, Steven) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
43

MEMO ENDORSEMENT on re: 42 Letter, filed by William Anderson, Carl E. Dubois, William P. Barr, Chad Wolf, Steven Ahrendt, Thomas Decker, Ronald P. Edwards. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 4/24/2020) (jca) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
44

RESPONSE re: 1 Petition for Writ of Habeas Corpus, (Government Return). Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf. (Attachments: # 1 Exhibit 1 - Order of Release on Recognizance (Morocho Sumba), # 2 Exhibit 2 - I-213 (Morocho Sumba), # 3 Exhibit 3A - Page from NTA (Morocho Sumba), # 4 Exhibit 3B - Page from NTA (Morocho Sumba), # 5 Exhibit 3C - Page from NTA (Moroch Sumba), # 6 Exhibit 3D - Page from NTA (Morocho Sumba), # 7 Exhibit 3E - Pages from NTA (Morocho Sumba), # 8 Exhibit 3F - Pages from NTA (Morocho Sumba), # 9 Exhibit 4 - RAP Sheet (Morocho Sumba), # 10 Exhibit 5 - I-213 (Garcia Ponce), # 11 Exhibit 6 - Order of Supervision (Garcia Ponce), # 12 Exhibit 7 - RAP Sheet (Garcia Ponce), # 13 Exhibit 8 - Amended Order of Release on Recognizance (Otero), # 14 Exhibit 9 - I-213 (Otero), # 15 Exhibit 10 - NTA (Otero), # 16 Exhibit 11 - Certificate of Disposition (Otero), # 17 Exhibit 12 - Certificate of Disposition (Otero), # 18 Exhibit 13 - RAP Sheet (Otero), # 19 Exhibit 14 - Order of Release on Recognizance (Miranda), # 20 Exhibit 15 - I-213 (Miranda), # 21 Exhibit 16 - Certificate of Disposition (Miranda), # 22 Exhibit 17 - NTA (Miranda), # 23 Exhibit 18 - RAP Sheet (Miranda), # 24 Exhibit 19 - Notice of Custody Determination and Release on Recognizance (Madrid), # 25 Exhibit 20 - I-213 (Madrid), # 26 Exhibit 21 - Certificate of Disposition (Madrid), # 27 Exhibit 22 - NTA (Madrid), # 28 Exhibit 23 - RAP Sheet (Madrid), # 29 Exhibit 24 - Order of Release on Recognizance (Moristica), # 30 Exhibit 25 - I-213 (Moristica), # 31 Exhibit 26 - NTA (Moristica)).(Kochevar, Steven) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
45

DECLARATION of Supervisory Detention and Deportation Officer Khristoper Dawson in Opposition re: 1 Petition for Writ of Habeas Corpus,. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Kochevar, Steven) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
46

DECLARATION of Alfaro Ortiz . Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Kochevar, Steven) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
47

DECLARATION of Lionel Anicette, M.D. . Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Kochevar, Steven) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
48

DECLARATION of Director Ron Edwards . Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Kochevar, Steven) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
49

DECLARATION of Steven Ahrendt . Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Kochevar, Steven) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
50

DECLARATION of Colonel Anthony Mele . Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Kochevar, Steven) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
51

RESPONSE re: 1 Petition for Writ of Habeas Corpus, (Letter Brief). Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. Dubois, Ronald P. Edwards, Chad Wolf..(Kochevar, Steven) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
52

NOTICE OF APPEARANCE by Zoe Pokempner Levine on behalf of Josefina Coronel, Ramon Garcia Ponce, Jose Madrid, Miguel Miranda, Florencio Moristica, Juan Morocho Sumba, Jose Otero..(Levine, Zoe) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
53

Declaration (non-motion)

May 28, 2020

May 28, 2020

PACER
54

Response (non-motion)

May 28, 2020

May 28, 2020

PACER
55

Withdraw as Attorney

Dec. 2, 2020

Dec. 2, 2020

PACER
56

Order on Motion to Withdraw as Attorney

Jan. 12, 2021

Jan. 12, 2021

PACER
58

Substitute Attorney

April 22, 2021

April 22, 2021

PACER
59

Order on Motion to Substitute Attorney

April 23, 2021

April 23, 2021

PACER
60

ORDER: The parties are ORDERED to confer and file a joint status letter on or before March 25, 2022, indicating whether any additional relief is being sought in this matter, and if so, a proposal on next steps. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/11/2022) (vfr)

March 11, 2022

March 11, 2022

RECAP
61

Notice of Appearance

March 14, 2022

March 14, 2022

PACER
62

Extension of Time

March 23, 2022

March 23, 2022

PACER
63

Order on Motion for Extension of Time

March 24, 2022

March 24, 2022

PACER
64

Extension of Time

April 7, 2022

April 7, 2022

PACER
65

Order on Motion for Extension of Time

April 7, 2022

April 7, 2022

PACER
66

Extension of Time

April 20, 2022

April 20, 2022

PACER
67

Order on Motion for Extension of Time

April 22, 2022

April 22, 2022

PACER
68

Letter

April 27, 2022

April 27, 2022

PACER
69

~Util - Add and Terminate Attorneys AND Memo Endorsement

April 27, 2022

April 27, 2022

PACER
70

Extension of Time

April 27, 2022

April 27, 2022

PACER
71

Order on Motion for Extension of Time

April 28, 2022

April 28, 2022

PACER

Notice of Redesignation to Magistrate Judge

April 29, 2022

April 29, 2022

PACER
72

Letter

May 20, 2022

May 20, 2022

PACER
73

Proposed Stipulation and Order

May 20, 2022

May 20, 2022

PACER
74

Memo Endorsement

May 23, 2022

May 23, 2022

PACER
75

~Util - Add and Terminate Parties AND Stipulation and Order of Dismissal

May 23, 2022

May 23, 2022

PACER
76

Withdraw as Attorney

May 30, 2022

May 30, 2022

PACER
77

Order on Motion to Withdraw as Attorney

May 31, 2022

May 31, 2022

PACER
78

Letter

Aug. 3, 2022

Aug. 3, 2022

PACER
79

Proposed Stipulation and Order

Aug. 3, 2022

Aug. 3, 2022

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: March 20, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Seven persons held in civil immigration detention centers in the New York City area who face a significant risk of severe illness or death if they catch COVID-19

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Bronx Defenders

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

U.S. Immigration and Customs Enforcement, Federal

Director of the Hudson County Jail (Kearny), County

Warden of the Bergen County Jail (Hackensack), County

Warden of the Essex County Jail (Newark), County

Sheriff of Orange County (Orange), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive 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

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Conditions of confinement

Fines/Fees/Bail/Bond

Habeas Corpus

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 Granted

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Detention - conditions

Detention - criteria

Detention - procedures