Case: Ortuño v. Jennings

3:20-cv-02064 | U.S. District Court for the Northern District of California

Filed Date: March 24, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 summary: This is an action brought on March 24, 2020 by 13 immigration detainees in California, seeking release from ICE detention in light of the grave threat of infection. Six plaintiffs with underlying medical conditions were granted a TRO, and were later granted preliminary injunctive relief. On March 24, 2020, thirteen immigrants detained in California at the Mesa Verde Detention Center and at the Yuba County Jail sued ICE, alleged violations of their Fifth Amendment rights to sub…

COVID-19 summary: This is an action brought on March 24, 2020 by 13 immigration detainees in California, seeking release from ICE detention in light of the grave threat of infection. Six plaintiffs with underlying medical conditions were granted a TRO, and were later granted preliminary injunctive relief.


On March 24, 2020, thirteen immigrants detained in California at the Mesa Verde Detention Center and at the Yuba County Jail sued ICE, alleged violations of their Fifth Amendment rights to substantive due process by subjecting them to a heightened risk of contracting COVID-19. The plaintiffs sought attorneys’ fees, declaratory judgment that the detention conditions posed an unreasonable risk of contracting illness, and a writ of habeas corpus for their immediate release or, in the alternative, injunctive relief ordering the plaintiff’s immediate release. The plaintiffs were represented by the ACLU, Lawyers’ Committee for Civil Rights, and private counsel. The case was assigned to Judge Maxine Chesney.

The plaintiffs argued that the defendants cannot justify subjecting the plaintiffs to this increased risk of illness with any legitimate government objective, and therefore their detention violates their constitutional right to safety in government custody. Each of the plaintiffs’ age or underlying health conditions make them particularly vulnerable to COVID-19. The plaintiffs alleged that their detainment with the general population without CDC-recommended “social distancing” practices increases their risk of contracting COVID-19. The plaintiffs further alleged that the defendants exacerbated the risk by conducting pre-dawn raids and adding new detainees to the facilities without quarantine. Other jails around the country, including multiple within California, have released prisoners in the interest of protecting individual and public health.

Concurrently, the plaintiffs filed a motion for a temporary restraining order. They claimed that they are likely to succeed on the merits of their claim since the increased risk of COVID-19 contraction amounts to a punishment in violation of the Fifth Amendment. They contended that the court’s authority to order the plaintiffs’ release is the sole effective remedy for this constitutional violation since it is impossible to implement preventative measures like social distancing and frequent disinfection in the detention centers. They argued that the alleged violation of the plaintiffs’ constitutional rights constitutes irreparable harm and also tips the balance of equities in their favor. The plaintiffs also argued that their release would support the broader public interest by reducing the health and economic burden on the surrounding community.

Of the thirteen plaintiffs originally included in the suit, two were released and one was voluntarily dismissed.

On April 8, 2020, Judge Chesney ruled on eight of the remaining ten petitioner's motion for temporary restraining order. 2020 WL 1701724. Adjudication of two plaintiffs was deferred in order for the parties to file additional relevant information. For the other eighth plaintiffs, Judge Chesney rejected the defendant's claim that the plaintiffs lacked Article III standing. Although the defendants argued that no plaintiffs were alleged to have contracted COVID-19, Judge Chesney found that the confined nature of the jail made the risk of contraction sufficient to support standing. Turning to the factors considered in a TRO motion, Judge Chesney found four plaintiffs were unlikely to succeed on their claim because the record lacked evidence of a medical condition placing them at a higher risk for severe illness from COVID-19. Four other plaintiffs, however, were found to have met this standard. These plaintiffs had underlying medical conditions, such as asthma or diabetes, that put them at higher risk of severe illness given the inability to effectively social distance in the detention facility. Judge Chesney found that these detainment conditions were excessive to their purpose, and therefore the four plaintiffs with sufficient evidence supporting their medical conditions were found likely to succeed on the merits of their claims. For many of the same reasons, Judge Chesney found that these four plaintiffs likely to suffer irreparable harm if the TRO were not granted. The balance of hardships also tipped in the four plaintiffs' favor, and the "highly unusual circumstances" presented by the global pandemic supported a finding that the public interest was served by the TRO. Therefore, Judge Chesney granted the TRO for the four plaintiffs who presented sufficient evidence of underlying medical conditions elevating their risk of severe illness if they contracted COVID-19, and denied the TRO for the other four. Judge Chesney ordered the plaintiffs to be transported to an alternative residence and to remain their except to receive medical care, to appear at immigration court proceedings, or to obey an order issued by the Department of Homeland Security. In addition to these conditions, Judge Chesney added two more on April 13 as requested by the defendants. In addition to the conditions stated above, the released petitioners would also be subject to ICE's usual orders of release, and the petitioners would be subject to GPS monitoring if elected by ICE.

For three of the petitioners denied relief in the April 8 order, plaintiffs filed a motion for reconsideration. The plaintiffs provided a declaration from a physician for each petitioner demonstrating that each had at least one health condition that placed them at an increased risk of contracting a severe illness if infected by COVID-19. On April 20, though, Judge Chesney denied the motion. She found that the evidence did not show that the medical records did not exist prior to the original motion, nor did it show that plaintiffs could not have obtained the evidence before filing their original motion. Therefore, Judge Chesney denied the motion for reconsideration without prejudice as to the filing of a motion for a preliminary injunction.

On April 14, Judge Chesney granted the motion for TRO for the two deferred petitioners as well. 2020 WL 1866122. Those two plaintiffs presented evidence documenting their hypertension, a condition that the CDC had recognized as putting individuals at increased risk of severe illness from COVID-19. Judge Chesney imposed the same conditions noted above on the release of these two petitioners as the other four.

After granting the aforementioned TRO relief, Judge Chesney directed the respondents to show cause why a preliminary injunction should not be ordered for the six petitioners. The respondents asserted that the Court lacked jurisdiction to grant such relief, and argued that the increased provision of soap and cleaning supplies weighed against granting injunctive relief. The Court found that it had jurisdiction since the defendant (Acting Field Director for the San Francisco Field Office of ICE) was within the Court's territorial jurisdiction. The Court also determined that the additional sanitation measures may alleviate some of the concerns, but the plaintiffs' medical conditions still place them at an increased risk of contracting a severe illness if they were to be detained. Therefore, on March 7, the Court granted the preliminary injunctive relief. 2020 WL 2218965. The Court did not specify a date on which the injunction would expire.

The defendants appealed the TRO relief to the Ninth Circuit on July 5, 2020. As of October 26, the case remains ongoing. The Ninth Circuit Court granted a motion by the appellants to voluntarily dismiss the appeal on November 18, 2020.

Summary Authors

Justin Hill (10/26/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17008475/parties/bahena-ortuno-v-jennings/


Judge(s)

Chesney, Maxine M. (California)

Attorneys(s) for Plaintiff

Beier, Genna Ellis (California)

Bernwanger, Bree (California)

Freeman, William S. (California)

Gonzalez, Matt (California)

Kaufman, Michael Bryan (California)

Kaufman [inactive], Michael (California)

Lakin, Judah Ben (California)

Lakin [inactive], Judah Ben (California)

MacLean, Emilou (California)

Judge(s)

Chesney, Maxine M. (California)

Attorneys(s) for Plaintiff

Beier, Genna Ellis (California)

Bernwanger, Bree (California)

Freeman, William S. (California)

Gonzalez, Matt (California)

Kaufman, Michael Bryan (California)

Kaufman [inactive], Michael (California)

Lakin, Judah Ben (California)

Lakin [inactive], Judah Ben (California)

MacLean, Emilou (California)

MacLean [inactive], Emilou (California)

Padilla, Stephanie (California)

Raju, Manour (California)

Ressl−Moyer, Tifanei (California)

Riordan, Sean Connor (California)

Rodarte, Hayden (California)

Salceda, Angelica H. (California)

Ugarte, Fransisco (California)

Wells, Jordan (California)

Wille, Amalia Margarete (California)

Wille [inactive], Amalia Margarete (California)

Willie, Amalia (California)

Attorneys(s) for Defendant

Winslow, Sara (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 12, 2021 Docket
4

Notice of Motion and Motion for Temporary Restraining Order; Memorandum of Points and Authorities in Support Thereof

March 23, 2020 Pleading / Motion / Brief
1

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

March 24, 2020 Complaint
38

Order Re: Petitioners' Motion for Temporary Restraining Order; Directions to Parties

2020 WL 1701724

April 8, 2020 Order/Opinion
51

Order Re: Deferred Portion of Petitioners' Motion for Temporary Restraining Order; Directions to Petitioners

2020 WL 1866122

April 14, 2020 Order/Opinion
60

Order Denying Petitioners' Motion for Leave to File Motion for Reconsideration

Ortuno v. Jennings

April 20, 2020 Order/Opinion
71

Order Granting Preliminary Injunction as to Petitioners Medina Calderon, Lavrus, Joseph, Solorio Lopez, Torres Murillo, and Quinteros

2020 WL 2218965

May 7, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17008475/bahena-ortuno-v-jennings/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Matthew T Albence, David Jennings, U.S. Immigration and Customs Enforcement (Filing fee $ 400, receipt number 0971-14310838.). Filed by Sofia Bahena Ortuno. (Attachments: # 1 Civil Cover Sheet)(Freeman, William) (Filed on 3/24/2020) Modified on 3/25/2020 (slhS, COURT STAFF). (Entered: 03/24/2020)

1 Civil Cover Sheet

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March 24, 2020 PACER
2

Proposed Summons. (Freeman, William) (Filed on 3/24/2020) (Entered: 03/24/2020)

March 24, 2020 PACER
3

NOTICE of Appearance by Stephanie Padilla for Petitioners-Plaintiffs (Padilla, Stephanie) (Filed on 3/24/2020) (Entered: 03/24/2020)

March 24, 2020 PACER
4

First MOTION for Temporary Restraining Order filed by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. (Attachments: # 1 Proposed Order [Proposed] Order, # 2 Declaration Declaration of Sofia Behena Ortuno, # 3 Declaration Declaration of Hayley Upshaw, # 4 Declaration Declaration of Charles Joseph, # 5 Declaration Declaration of Salomon Medina, # 6 Declaration Declaration of Ricardo Vasquez Cruz, # 7 Declaration Declaration of Siobhan Waldron, # 8 Declaration Declaration of Matthew Weisner, # 9 Declaration Declaration of Julio Cesar Buendia Alas, # 10 Declaration Declaration of Eleni Wolfe-Roubatis, # 11 Declaration Declaration of Priya A. Patel, # 12 Declaration Declaration of Lisa Knox, # 13 Declaration Declaration of Jessica S. Yamane, # 14 Declaration Declaration of Susan Beaty, # 15 Declaration Declaration of Brenda Rubi Ruiz Tovar, # 16 Declaration Declaration of Juan Carlos Minchaca Ramos, # 17 Declaration Declaration of Alan Marcelo Martinez Lopez, # 18 Declaration Declaration of William S. Freeman, # 19 Declaration Declaration of Dr. Jonathan Louis Golob, # 20 Declaration Declaration of Dr. Marc Stern, # 21 Declaration Declaration of Dr. Ranit Mishori (MD, MHS, FAAFP)- Withdrawn, see 64, # 22 Declaration Declaration of Robert B. Greifinger, MD, # 23 Declaration Declaration of Sandra Hernandez, # 24 Declaration Declaration of Allen S. Keller, MD, # 25 Declaration Declaration of Andrew Lorenzen-Strait, # 26 Declaration Declaration of Lisa Knox, # 27 Declaration Declaration of Kathleen Anne Kavanagh, # 28 Declaration Declaration of Claude Bent)(Freeman, William) (Filed on 3/24/2020) Modified on 5/4/2020 (elyS, COURT STAFF). (Entered: 03/24/2020)

1 Proposed Order [Proposed] Order

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2 Declaration Declaration of Sofia Behena Ortuno

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3 Declaration Declaration of Hayley Upshaw

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4 Declaration Declaration of Charles Joseph

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5 Declaration Declaration of Salomon Medina

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6 Declaration Declaration of Ricardo Vasquez Cruz

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7 Declaration Declaration of Siobhan Waldron

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8 Declaration Declaration of Matthew Weisner

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9 Declaration Declaration of Julio Cesar Buendia Alas

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10 Declaration Declaration of Eleni Wolfe-Roubatis

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11 Declaration Declaration of Priya A. Patel

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12 Declaration Declaration of Lisa Knox

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13 Declaration Declaration of Jessica S. Yamane

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14 Declaration Declaration of Susan Beaty

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15 Declaration Declaration of Brenda Rubi Ruiz Tovar

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16 Declaration Declaration of Juan Carlos Minchaca Ramos

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17 Declaration Declaration of Alan Marcelo Martinez Lopez

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18 Declaration Declaration of William S. Freeman

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19 Declaration Declaration of Dr. Jonathan Louis Golob

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20 Declaration Declaration of Dr. Marc Stern

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21 Declaration Declaration of Dr. Ranit Mishori (MD, MHS, FAAFP)

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22 Declaration Declaration of Robert B. Greifinger, MD

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23 Declaration Declaration of Sandra Hernandez

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24 Declaration Declaration of Allen S. Keller, MD

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25 Declaration Declaration of Andrew Lorenzen-Strait

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26 Declaration Declaration of Lisa Knox

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27 Declaration Declaration of Kathleen Anne Kavanagh

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28 Declaration Declaration of Claude Bent

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March 24, 2020 PACER
5

NOTICE of Appearance by Jordan Samuel Wells for Petitioners-Plaintiffs (Wells, Jordan) (Filed on 3/24/2020) (Entered: 03/24/2020)

March 24, 2020 PACER
6

CERTIFICATE OF SERVICE by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz re 4 First MOTION for Temporary Restraining Order, 2 Proposed Summons, 1 Complaint (Freeman, William) (Filed on 3/24/2020) (Entered: 03/24/2020)

March 24, 2020 PACER
7

NOTICE of Appearance by Judah Ben Lakin (Lakin, Judah) (Filed on 3/24/2020) (Entered: 03/24/2020)

March 24, 2020 PACER
8

NOTICE of Appearance by Judah Ben Lakin (Lakin, Judah) (Filed on 3/24/2020) (Entered: 03/24/2020)

March 24, 2020 PACER
9

NOTICE of Appearance by Sara Winslow (Winslow, Sara) (Filed on 3/25/2020) (Entered: 03/25/2020)

March 25, 2020 PACER

Clerk's Notice

March 25, 2020 PACER

~Util - Case Assigned by Intake

March 25, 2020 PACER
10

CLERK'S NOTICE. Correction of Civil cover sheet needed before assignment can be made. Please file amended civil cover sheet. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as, COURT STAFF) (Filed on 3/25/2020) (Entered: 03/25/2020)

March 25, 2020 PACER
11

Civil Cover Sheet by Sofia Bahena Ortuno Amended Civil Cover Sheet. (Freeman, William) (Filed on 3/25/2020) (Entered: 03/25/2020)

March 25, 2020 PACER
12

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sofia Bahena Ortuno.. (Freeman, William) (Filed on 3/25/2020) (Entered: 03/25/2020)

March 25, 2020 PACER
13

NOTICE of Appearance by Michael Bryan Kaufman for Petitioners-Plaintiffs (Kaufman, Michael) (Filed on 3/25/2020) (Entered: 03/25/2020)

March 25, 2020 PACER
14

Case assigned to Judge Maxine M. Chesney. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (as, COURT STAFF) (Filed on 3/25/2020) (Entered: 03/25/2020)

March 25, 2020 PACER
15

NOTICE of Appearance by Emilou MacLean (MacLean, Emilou) (Filed on 3/25/2020) (Entered: 03/25/2020)

March 25, 2020 PACER
16

Summons Issued as to Matthew T Albence, David Jennings, U.S. Immigration and Customs Enforcement. (wsnS, COURT STAFF) (Filed on 3/25/2020) (Entered: 03/25/2020)

March 25, 2020 PACER
17

NOTICE of Appearance by Francisco Ugarte (Ugarte, Francisco) (Filed on 3/25/2020) (Entered: 03/25/2020)

March 25, 2020 PACER
18

***FILED IN ERROR. PLEASE IGNORE.*** Immigration Mandamus Case Procedural Order. (slhS, COURT STAFF) (Filed on 3/25/2020) Modified on 3/25/2020 (tlS, COURT STAFF). (Entered: 03/25/2020)

March 25, 2020 PACER
19

NOTICE of Appearance by Genna Ellis Beier (Beier, Genna) (Filed on 3/25/2020) (Entered: 03/25/2020)

March 25, 2020 PACER
20

NOTICE of Appearance by Hayden Miles Rodarte (Rodarte, Hayden) (Filed on 3/25/2020) (Entered: 03/25/2020)

March 25, 2020 PACER
21

Minute Entry for proceedings held before Judge Maxine M. Chesney: Telephone Conference re: Setting briefing schedule as to Plaintiffs' Motion for Temporary Restraining Order held on 3/25/2020. Opposition due by 3/30/2020. Reply due by 4/1/2020.Total Time in Court: 15 minutes. Not Reported or Recorded. Plaintiff Attorney: William Freeman and Emilou Maclean. Defendant Attorney: Sara Winslow. Attachment: Civil Minutes. (tlS, COURT STAFF) (Date Filed: 3/25/2020) (Entered: 03/25/2020)

March 25, 2020 PACER
22

NOTICE of Appearance by Angelica Salceda (Salceda, Angelica) (Filed on 3/25/2020) (Entered: 03/25/2020)

March 25, 2020 PACER
23

NOTICE of Appearance by Sean Connor Riordan (Riordan, Sean) (Filed on 3/25/2020) (Entered: 03/25/2020)

March 25, 2020 PACER
24

NOTICE of Voluntary Dismissal by Claude Bent (Freeman, William) (Filed on 3/25/2020) (Entered: 03/25/2020)

March 25, 2020 PACER
25

OPPOSITION/RESPONSE (re 4 First MOTION for Temporary Restraining Order ) filed byMatthew T Albence, David Jennings, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration)(Winslow, Sara) (Filed on 3/30/2020) (Entered: 03/30/2020)

1 Declaration

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2 Declaration

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3 Declaration

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4 Declaration

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5 Declaration

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March 30, 2020 PACER
26

REPLY (re 4 First MOTION for Temporary Restraining Order ) filed bySofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. (Attachments: # 1 Declaration SUPPLEMENTAL DECLARATION OF ATTORNEY HAYLEY UPSHAW IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER, # 2 Declaration SUPPLEMENTAL DECLARATION OF CHARLES JOSEPH IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER, # 3 Declaration DECLARATION OF ATTORNEY HAYDEN RODARTE IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER, # 4 Declaration DECLARATION OF ROHINI J. HAAR IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER, # 5 Declaration SUPPLEMENTAL DECLARATION OF ATTORNEY MATTHEW WEISNER IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER, # 6 Declaration SUPPLEMENTAL DECLARATION OF JULIO CESAR BUENDIA ALAS IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER, # 7 Declaration SUPPLEMENTAL DECLARATION OF ATTORNEY ELENI WOLFE-ROUBATIS IN SUPPORT OF PETIOTION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER, # 8 Declaration SUPPLEMENTAL DECLARATION OF ATTORNEY LISA KNOX IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER, # 9 Declaration SUPPLEMENTAL DECLARATION OF ATTORNEY JESSICA S. YAMANE IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER, # 10 Declaration DECLARATION OF ATTORNEY HECTOR VEGA IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER, # 11 Declaration SUPPLEMENTAL DECLARATION OF ATTORNEY KATHLEEN ANNE KAVANAGHIN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER, # 12 Declaration DECLARATION OF WILLIAM ALEXANDER MATAS RAUDA IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER, # 13 Declaration SUPPLEMENTAL DECLARATION OF ATTORNEY JORDAN WELLS IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER, # 14 Declaration DECLARATION OF JORDAN WELLS IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER, # 15 Declaration SUPPLEMENTAL DECLARATION OF ROBERT B. GREIFINGER, MD IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER, # 16 Declaration SUPPLEMENTAL DECLARATION OF ALLEN S. KELLER, M.D. IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER, # 17 Certificate/Proof of Service PROOF OF SERVICE)(Freeman, William) (Filed on 3/31/2020) (Entered: 03/31/2020)

1 Declaration SUPPLEMENTAL DECLARATION OF ATTORNEY HAYLEY UPSHAW IN SUPPORT OF PET

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2 Declaration SUPPLEMENTAL DECLARATION OF CHARLES JOSEPH IN SUPPORT OF PETITION FO

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3 Declaration DECLARATION OF ATTORNEY HAYDEN RODARTE IN SUPPORT OF PETITION FOR HA

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4 Declaration DECLARATION OF ROHINI J. HAAR IN SUPPORT OF PETITION FOR HABEAS CORP

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5 Declaration SUPPLEMENTAL DECLARATION OF ATTORNEY MATTHEW WEISNER IN SUPPORT OF P

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6 Declaration SUPPLEMENTAL DECLARATION OF JULIO CESAR BUENDIA ALAS IN SUPPORT OF P

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7 Declaration SUPPLEMENTAL DECLARATION OF ATTORNEY ELENI WOLFE-ROUBATIS IN SUPPORT

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8 Declaration SUPPLEMENTAL DECLARATION OF ATTORNEY LISA KNOX IN SUPPORT OF PETITIO

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9 Declaration SUPPLEMENTAL DECLARATION OF ATTORNEY JESSICA S. YAMANE IN SUPPORT OF

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10 Declaration DECLARATION OF ATTORNEY HECTOR VEGA IN SUPPORT OF PETITION FOR HABEA

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11 Declaration SUPPLEMENTAL DECLARATION OF ATTORNEY KATHLEEN ANNE KAVANAGHIN SUPPOR

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12 Declaration DECLARATION OF WILLIAM ALEXANDER MATAS RAUDA IN SUPPORT OF PETITION

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13 Declaration SUPPLEMENTAL DECLARATION OF ATTORNEY JORDAN WELLS IN SUPPORT OF PETI

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14 Declaration DECLARATION OF JORDAN WELLS IN SUPPORT OF MOTION FOR TEMPORARY RESTR

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15 Declaration SUPPLEMENTAL DECLARATION OF ROBERT B. GREIFINGER, MD IN SUPPORT OF P

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16 Declaration SUPPLEMENTAL DECLARATION OF ALLEN S. KELLER, M.D. IN SUPPORT OF PETI

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17 Certificate/Proof of Service PROOF OF SERVICE

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March 31, 2020 PACER
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MOTION for Leave to File filed by Matthew T Albence, David Jennings, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration)(Winslow, Sara) (Filed on 4/2/2020) (Entered: 04/02/2020)

April 2, 2020 PACER
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ORDER. Respondents shall file the supplemental declaration by April 3, 2020, no later than 10:00 a.m. Signed by Judge Maxine M. Chesney on April 2, 2020.(mmclc1, COURT STAFF) (Filed on 4/2/2020) (Entered: 04/02/2020)

April 2, 2020 PACER
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NOTICE by Matthew T Albence, David Jennings, U.S. Immigration and Customs Enforcement OF FILING (Attachments: # 1 Declaration, # 2 Declaration)(Winslow, Sara) (Filed on 4/2/2020) (Entered: 04/02/2020)

April 2, 2020 PACER
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First ADMINISTRATIVE MOTION FILE OBJECTIONS TO DEFENDANTS SUPPLEMENTAL DECLARATIONS re 29 Notice (Other), 27 MOTION for Leave to File filed by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. Responses due by 4/3/2020. (Freeman, William) (Filed on 4/2/2020) (Entered: 04/02/2020)

April 2, 2020 PACER
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ORDER DEEMING MOTION FOR TEMPORARY RESTRAINING ORDER SUBMITTED IN PART; DIRECTING RESPONDENTS TO SUPPLEMENT OPPOSITION AS TO TWO PETITIONERS. Signed by Judge Maxine M. Chesney on April 3, 2020. (mmclc1, COURT STAFF) (Filed on 4/3/2020) (Entered: 04/03/2020)

April 3, 2020 RECAP
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Second ADMINISTRATIVE MOTION LEAVE TO RESPOND TO DEFENDANTS SUPPLEMENT TO OPPOSITION re 29 Notice (Other), 27 MOTION for Leave to File filed by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. Responses due by 4/7/2020. (Attachments: # 1 Proposed Order STIPULATION AND [PROPOSED] ORDER GRANTING PETITIONERS-PLAINTIFFS ADMINISTRATIVE MOTION FOR LEAVE TO RESPOND TO DEFENDANTS SUPPLEMENT TO OPPOSITION)(Freeman, William) (Filed on 4/6/2020) (Entered: 04/06/2020)

April 6, 2020 PACER
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Statement re 26 Reply to Opposition/Response,,,,,,,,,,, Statement of Recent Decisions by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. (Freeman, William) (Filed on 4/6/2020) (Entered: 04/06/2020)

April 6, 2020 PACER
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Statement re 25 Opposition/Response to Motion, OF RECENT DECISION by Matthew T Albence, David Jennings, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit)(Winslow, Sara) (Filed on 4/6/2020) (Entered: 04/06/2020)

1 Exhibit

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April 6, 2020 PACER
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ORDER GRANTING PETITIONERS-PLAINTIFF'S ADMINISTRATIVE MOTION FOR LEAVE TO RESPOND TO DEFENDANTS' SUPPLEMENT TO OPPOSITION. Plaintiffs' response shall be filed within one court day after Defendants file their Supplement. Signed by Judge Maxine M. Chesney on April 7, 2020. (mmclc1, COURT STAFF) (Filed on 4/7/2020) (Entered: 04/07/2020)

April 7, 2020 PACER
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ORDER GRANTING PETITIONERS' ADMINISTRATIVE MOTION TO FILE OBJECTIONS TO DEFENDANTS' SUPPLEMENTAL DECLARATIONS. The Court will consider the objections made in the Administrative Motion when ruling on petitioners' motion for a temporary restraining order. Signed by Judge Maxine M. Chesney on April 7, 2020. (mmclc1, COURT STAFF) (Filed on 4/7/2020) (Entered: 04/07/2020)

April 7, 2020 PACER
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RESPONSE re 31 Order DIRECTING SUPPLEMENTAL BRIEFING by Matthew T Albence, David Jennings, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration)(Winslow, Sara) (Filed on 4/8/2020) (Entered: 04/08/2020)

April 8, 2020 PACER
38

ORDER RE: PETITIONERS' MOTION FOR TEMPORARY RESTRAINING ORDER; DIRECTIONS TO PARTIES. To the extent the motion is brought on behalf of petitioners Sofia Bahena Ortuo and Roxana del Carmen Trigueros Acevedo, the motion is denied as moot. To the extent the motion is brought on behalf of petitioners Ricardo Vasquez Cruz, Ernesto Abroncio Uc Encarnacion, Julio Cesar Buendia Alas, and Marco Montoya Amaya, the motion is denied. To the extent the motion is brought on behalf of petitioners Salomon Medina Calderon, Gennady V. Lavrus, Charles Joseph, and J Elias Solorio Lopez, the motion is granted, and said petitioners shall be released upon issuance of an order setting conditions of release. The parties' respective counsel are directed to meet and confer forthwith and to propose, in a joint statement to be filed no later than April 10, 2020, at 11:00 a.m., any additional reasonable conditions. Respondents are directed to show cause, no later than April 22, 2020, why, as to Salomon Medina Calderon, Gennady V. Lavrus, Charles Joseph, and J Elias Solorio Lopez, a preliminary injunction should not issue. Petitioners' reply shall be filed no later than seven days after any such response is filed. As of the date the reply is filed, the Court, unless the parties are otherwise advised, will take the matter under submission. Signed by Judge Maxine M. Chesney on April 8, 2020. (mmclc1, COURT STAFF) (Filed on 4/8/2020) (Entered: 04/08/2020)

April 8, 2020 RECAP
39

REPLY (re 4 First MOTION for Temporary Restraining Order ) PETITIONERS-PLAINTIFFS RESPONSE TO DEFENDANTS SUPPLEMENT TO OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING ORDER filed bySofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. (Attachments: # 1 Declaration SUPPLEMENTAL DECLARATION OF WILLIAM S. FREEMAN IN SUPPORT OF PETITIONERS-PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER, # 2 Declaration DECLARATION OF THOMAS J. BOERMAN, PH.D IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER, # 3 Declaration DECLARATION OF THOMAS R. PARKER IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER)(Freeman, William) (Filed on 4/9/2020) (Entered: 04/09/2020)

1 Declaration SUPPLEMENTAL DECLARATION OF WILLIAM S. FREEMAN IN SUPPORT OF PETITIO

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2 Declaration DECLARATION OF THOMAS J. BOERMAN, PH.D IN SUPPORT OF MOTION FOR TEMP

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3 Declaration DECLARATION OF THOMAS R. PARKER IN SUPPORT OF MOTION FOR TEMPORARY R

View on PACER

April 9, 2020 PACER
40

Statement re 38 Order,,,,, by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. (Riordan, Sean) (Filed on 4/10/2020) (Entered: 04/10/2020)

April 10, 2020 PACER
41

AMENDED DOCUMENT by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. Amendment to 40 Statement, Amended Joint Statement. (Riordan, Sean) (Filed on 4/10/2020) (Entered: 04/10/2020)

April 10, 2020 PACER
42

NOTICE by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz re 41 Amended Document, PETITIONERS NOTICE OF SUPPLEMENTAL INFORMATION TO AMENDED JOINT STATEMENT (Riordan, Sean) (Filed on 4/10/2020) (Entered: 04/10/2020)

April 10, 2020 PACER
43

ORDER RE: JOINT STATEMENT REGARDING RELEASE CONDITIONS. Signed by Judge Maxine M. Chesney on April 13, 2020.(mmclc1, COURT STAFF) (Filed on 4/13/2020) (Entered: 04/13/2020)

April 13, 2020 RECAP
44

ORDER OF RELEASE AS TO PETITIONER SALOMON MEDINA CALDERON. Signed by Judge Maxine M. Chesney on April 13, 2020. (mmclc1, COURT STAFF) (Filed on 4/13/2020) (Entered: 04/13/2020)

April 13, 2020 RECAP
45

ORDER OF RELEASE AS TO PETITIONER CHARLES JOSEPH. Signed by Judge Maxine M. Chesney on April 13, 2020. (mmclc1, COURT STAFF) (Filed on 4/13/2020) (Entered: 04/13/2020)

April 13, 2020 RECAP
46

ORDER OF RELEASE AS TO PETITIONER J ELIAS SOLORIO LOPEZ. Signed by Judge Maxine M. Chesney on April 13, 2020. (mmclc1, COURT STAFF) (Filed on 4/13/2020) (Entered: 04/13/2020)

April 13, 2020 RECAP
47

ORDER OF RELEASE AS TO PETITIONER GENNADY V. LAVRUS. Signed by Judge Maxine M. Chesney on April 13, 2020. (mmclc1, COURT STAFF) (Filed on 4/13/2020) (Entered: 04/13/2020)

April 13, 2020 RECAP
48

STIPULATION WITH PROPOSED ORDER re 44 Order, 41 Amended Document, Joint Stipulation and [Proposed] Order filed by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. (Freeman, William) (Filed on 4/13/2020) (Entered: 04/13/2020)

April 13, 2020 PACER
49

ORDER APPROVING JOINT STIPULATION. Signed by Judge Maxine M. Chesney on April 13, 2020. (mmclc1, COURT STAFF) (Filed on 4/13/2020) (Entered: 04/13/2020)

April 13, 2020 PACER
50

AMENDED ORDER OF RELEASE AS TO PETITIONER SALOMON MEDINA CALDERON. Signed by Judge Maxine M. Chesney on April 13, 2020. (mmclc1, COURT STAFF) (Filed on 4/13/2020) (Entered: 04/13/2020)

April 13, 2020 PACER
51

ORDER RE: DEFERRED PORTION OF PETITIONERS' MOTION FOR TEMPORARY RESTRAINING ORDER; DIRECTIONS TO PETITIONERS. Signed by Judge Maxine M. Chesney on April 14, 2020. (mmclc1, COURT STAFF) (Filed on 4/14/2020) (Entered: 04/14/2020)

April 14, 2020 RECAP
52

NOTICE by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz re 51 Order on Motion for TRO NOTICE RE RELEASE OF PETITIONERS TORRES MURILLO AND QUINTEROS (Freeman, William) (Filed on 4/14/2020) (Entered: 04/14/2020)

April 14, 2020 PACER
53

ORDER OF RELEASE AS TO PETITIONER OLVIN SAID TORRES MURILLO. Signed by Judge Maxine M. Chesney on April 15, 2020. (mmclc1, COURT STAFF) (Filed on 4/15/2020) (Entered: 04/15/2020)

April 15, 2020 PACER
54

ORDER OF RELEASE AS TO MAURICIO ERNESTO QUINTEROS LOPEZ. Signed by Judge Maxine M. Chesney on April 15, 2020. (mmclc1, COURT STAFF) (Filed on 4/15/2020) (Entered: 04/15/2020)

April 15, 2020 PACER
55

First MOTION for Leave to File PETITIONERS-PLAINTIFFS MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION RE CERTAIN PETITIONERS filed by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. (Attachments: # 1 Declaration DECLARATION OF GENNA ELLIS BEIER IN SUPPORT OF MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION, # 2 ***FILED IN ERROR. SEE 56 FOR CORRECTION *** Declaration SECOND SUPPLEMENTAL DECLARATION OF ALLEN KELLER, MD IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER)(Freeman, William) (Filed on 4/15/2020) Modified on 4/20/2020 (ecgS, COURT STAFF). (Entered: 04/15/2020)

April 15, 2020 PACER
56

Declaration of ALLEN KELLER, MD in Support of 55 First MOTION for Leave to File PETITIONERS-PLAINTIFFS MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION RE CERTAIN PETITIONERS CORRECTION OF DOCKET # [55-2] filed bySofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. (Related document(s) 55 ) (Freeman, William) (Filed on 4/16/2020) (Entered: 04/16/2020)

April 16, 2020 PACER
57

Proposed Order re 55 First MOTION for Leave to File PETITIONERS-PLAINTIFFS MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION RE CERTAIN PETITIONERS by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. (Freeman, William) (Filed on 4/16/2020) (Entered: 04/16/2020)

April 16, 2020 PACER
58

STIPULATION WITH PROPOSED ORDER re 46 Order Joint Stipulation and [PROPOSED] Order filed by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. (Riordan, Sean) (Filed on 4/17/2020) (Entered: 04/17/2020)

April 17, 2020 PACER
59

ORDER APPROVING JOINT STIPULATION. Petitioner J. Elias Solorio Lopez is to reside at 7256 Millwood Ave. #3, Canoga Park, California, 91303. The other conditions of release ordered by the Court remain unchanged. Signed by Judge Maxine M. Chesney on April 20, 2020. (mmclc1, COURT STAFF) (Filed on 4/20/2020) (Entered: 04/20/2020)

April 20, 2020 PACER
60

ORDER DENYING PETITIONERS' MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION. Signed by Judge Maxine M. Chesney on April 20, 2020. (mmclc1, COURT STAFF) (Filed on 4/20/2020) (Entered: 04/20/2020)

April 20, 2020 RECAP
61

RESPONSE TO ORDER TO SHOW CAUSE by Matthew T Albence, David Jennings, U.S. Immigration and Customs Enforcement . (Attachments: # 1 Declaration Bonnar 4/22/20, # 2 Declaration Bonnar 4/2/20, # 3 Declaration Bonnar 3/30/20, # 4 Declaration Moon 3/27/20, # 5 Declaration Kaiser 4/22/20, # 6 Declaration Kaiser 4/2/20, # 7 Declaration Kaiser 3/26/20, # 8 Declaration Moon 3/26/20, # 9 Declaration Winslow 4/22/20)(Winslow, Sara) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020 PACER
62

NOTICE by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz Notice of Withdrawal of Declaration of Dr. Ranit Mishori (ECF 4-12)*Incorrect Document reference- see 64 for correction. (Freeman, William) (Filed on 4/24/2020) Modified on 5/4/2020 (elyS, COURT STAFF). (Entered: 04/24/2020)

April 24, 2020 PACER
63

Statement of Recent Decision by Matthew T Albence, David Jennings, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit)(Winslow, Sara) (Filed on 4/28/2020) (Entered: 04/28/2020)

1 Exhibit

View on PACER

April 28, 2020 PACER
64

NOTICE by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz re 62 Notice (Other), CORRECTION OF DOCKET # 62 (Freeman, William) (Filed on 4/28/2020) (Entered: 04/28/2020)

April 28, 2020 PACER
65

RESPONSE TO ORDER TO SHOW CAUSE by Matthew T Albence, David Jennings, U.S. Immigration and Customs Enforcement . (Attachments: # 1 Declaration Erik Bonnar 4/27/20, # 2 Declaration Erik Bonnar 4/2/20, # 3 Declaration Erik Bonnar 3/30/20, # 4 Declaration Jennifer Moon 3/27/20, # 5 Declaration Polly Kaiser 4/28/20, # 6 Declaration Polly Kaiser 4/2/20, # 7 Declaration Polly Kaiser 3/30/20, # 8 Declaration Jennifer Moon 3/26/20)(Winslow, Sara) (Filed on 4/28/2020) (Entered: 04/28/2020)

April 28, 2020 PACER
66

MOTION for leave to appear in Pro Hac Vice of Bree Bernwanger ( Filing fee $ 310, receipt number 0971-14423109.) filed by Sofia Bahena Ortuno, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. (Bernwanger, Bree) (Filed on 4/29/2020) (Entered: 04/29/2020)

April 29, 2020 PACER
67

RESPONSE re 38 Order,,,,, PETITIONERS-PLAINTIFFS REPLY IN SUPPORT OF PRELIMINARY INJUNCTION RE PETITIONERS MEDINA CALDERON, LAVRUS, JOSEPH AND SOLORIO LOPEZ by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. (Attachments: # 1 Declaration Declaration of Hayden Rodarte, # 2 Declaration Second Supplemental Declaration of Robert B. Greifinger, MD, # 3 Proposed Order [Proposed] Order)(Freeman, William) (Filed on 4/29/2020) (Entered: 04/29/2020)

1 Declaration Declaration of Hayden Rodarte

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2 Declaration Second Supplemental Declaration of Robert B. Greifinger, MD

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3 Proposed Order [Proposed] Order

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April 29, 2020 RECAP
68

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. The application of Bree Bernwanger is granted. Signed by Judge Maxine M. Chesney on April 30, 2020. (mmclc1, COURT STAFF) (Filed on 4/30/2020) (Entered: 04/30/2020)

April 30, 2020 PACER
69

OBJECTIONS to re 67 Response ( Non Motion ),, OBJECTIONS TO EVIDENCE by Matthew T Albence, David Jennings, U.S. Immigration and Customs Enforcement. (Winslow, Sara) (Filed on 5/3/2020) (Entered: 05/03/2020)

May 3, 2020 PACER
70

RESPONSE TO ORDER TO SHOW CAUSE by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz PETITIONERS-PLAINTIFFS REPLY IN SUPPORT OF PRELIMINARY INJUNCTION RE PETITIONERS TORRES MURILLO AND QUINTEROS LOPEZ. (Attachments: # 1 Declaration Declaration of Hayden Rodarte In Support of Reply In Support of Preliminary Injunction Re Petitioners Torres Murillo and Quinteros Lopez, # 2 Proposed Order [Proposed] Order)(Freeman, William) (Filed on 5/5/2020) (Entered: 05/05/2020)

May 5, 2020 PACER
71

ORDER GRANTING PRELIMIINARY INJUNCTION AS TO PETITIONERS MEDINA CALDERON, LAVRUS, JOSEPH, SOLORIO LOPEZ, TORRES MURILLO, AND QUINTEROS. Signed by Judge Maxine M. Chesney on May 7, 2020. (mmclc1, COURT STAFF) (Filed on 5/7/2020) (Entered: 05/07/2020)

May 7, 2020 RECAP
72

ORDER DIRECTING PARTIES TO FILE JOINT STATUS REPORT. The parties are directed to file a joint status report no later than May 18, 2020. Signed by Judge Maxine M. Chesney on May 7, 2020. (mmclc1, COURT STAFF) (Filed on 5/7/2020) (Entered: 05/07/2020)

May 7, 2020 PACER
73

STATUS REPORT by Matthew T Albence, David Jennings, U.S. Immigration and Customs Enforcement. (Winslow, Sara) (Filed on 5/18/2020) (Entered: 05/18/2020)

May 18, 2020 PACER
74

NOTICE by Matthew T Albence, David Jennings, U.S. Immigration and Customs Enforcement (Winslow, Sara) (Filed on 6/1/2020) (Entered: 06/01/2020)

June 1, 2020 PACER
75

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Matthew T Albence, David Jennings, U.S. Immigration and Customs Enforcement. (Appeal fee FEE WAIVED.) (Winslow, Sara) (Filed on 7/5/2020) (Entered: 07/05/2020)

July 5, 2020 PACER
76

USCA Case Number 20-16302 United States Court of Appeals for the Ninth Circuit (elyS, COURT STAFF) (Filed on 7/7/2020) (Entered: 07/08/2020)

July 7, 2020 PACER
77

ORDER of USCA (elyS, COURT STAFF) (Filed on 7/7/2020) (Entered: 07/08/2020)

July 7, 2020 PACER
78

ORDER of USCA as to 76 USCA Case Number 20-16302: The appellants unopposed motion for voluntarydismissal is granted. This appeal is dismissed. Fed. R. App. P. 42(b).A copy of this order sent to the district court shall act as and for the mandateof this court. (elyS, COURT STAFF) (Filed on 11/18/2020) (Entered: 11/24/2020)

Nov. 18, 2020 PACER
79

ADMINISTRATIVE MOTION Status Conference filed by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. Responses due by 2/8/2021. (Attachments: # 1 Proposed Order Granting Admin Motion Requesting Status Conference)(Wells, Jordan) (Filed on 2/3/2021) (Entered: 02/03/2021)

Feb. 3, 2021 PACER
80

ORDER DENYING STIPULATED ADMINISTRATIVE MOTION REQUESTING STATUS CONFERENCE. Signed by Judge Maxine M. Chesney on February 4, 2021. (mmclc1, COURT STAFF) (Filed on 2/4/2021) (Entered: 02/04/2021)

Feb. 4, 2021 PACER
81

MOTION Modify Conditions of Release by Plaintiffs-Petitioners filed by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. Motion Hearing set for 3/19/2021 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 2/26/2021. Replies due by 3/5/2021. (Attachments: # 1 Declaration Of Wells iso Motion to Modify Conditions of Release, # 2 Declaration Of Quinteros Lopez iso Motion to Modify Conditions of Release, # 3 Declaration Of Medina Calderon Calderon iso Motion to Modify Conditions of Release, # 4 Declaration Of Torres Murillo iso Motion to Modify Conditions of Release, # 5 Declaration Of Weisner iso Motion to Modify Conditions of Release, # 6 Declaration Of Upshaw iso Motion to Modify Conditions of Release, # 7 Declaration Of Joseph iso Motion to Modify Conditions of Release, # 8 Declaration Of Garcia iso Motion to Modify Conditions of Release, # 9 Proposed Order Granting Motion to Modify Conditions of Release)(Wells, Jordan) (Filed on 2/12/2021) (Entered: 02/12/2021)

Feb. 12, 2021 PACER
82

STIPULATION WITH PROPOSED ORDER re 81 MOTION Modify Conditions of Release by Plaintiffs-Petitioners filed by Sofia Bahena Ortuno, Claude Bent, Julio Cesar Buendia Alas, Charles Joseph, Salomon Medina Calderon, Marco Montoya Amaya, Mauricio Ernesto Quinteros Lopez, J. Elias Solorio Lopez, Olvin Said Torres Murillo, Roxana del Carmen Trigueros Acevedo, Ernesto Ambrocio Uc Encarnacion, Gennady Valeryevich Lavrus, Ricardo Vasquez Cruz. (Attachments: # 1 Declaration Of Wells iso Stipulation and [Proposed] Order Granting Motion to Shorten Time)(Wells, Jordan) (Filed on 2/12/2021) (Entered: 02/12/2021)

Feb. 12, 2021 PACER
83

ORDER GRANTING MOTION TO SHORTEN TIME. Defendants shall file their opposition to plaintiffs' motion to modify their conditions of release no later than February 24, 2021, and plaintiffs shall file their reply no later than March 1, 2021. Unless the parties are otherwise informed, the Court will hear the matter on March 12, 2021, at 9:00 a.m. Signed by Judge Maxine M. Chesney on February 16, 2021. (mmclc1, COURT STAFF) (Filed on 2/16/2021) (Entered: 02/16/2021)

Feb. 16, 2021 RECAP

Set/Reset Deadlines as to 81 MOTION Modify Conditions of Release by Plaintiffs-Petitioners. Opposition due by 2/24/2021. Reply due by 3/1/2021. Motion Hearing set for 3/12/2021 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tlS, COURT STAFF) (Filed on 2/16/2021)

Feb. 16, 2021 PACER

Set Motion and Deadlines/Hearings No NEF

Feb. 16, 2021 PACER
84

STIPULATION WITH PROPOSED ORDER filed by Matthew T Albence, David Jennings, U.S. Immigration and Customs Enforcement. (Winslow, Sara) (Filed on 2/23/2021) (Entered: 02/23/2021)

Feb. 23, 2021 PACER
85

ORDER APPROVING STIPULATION REGARDING PETITIONERS-PLAINTIFFS' MOTION TO MODIFY CONDITIONS OF RELEASE. Signed by Judge Maxine M. Chesney on February 25, 2021. (mmclc1, COURT STAFF) (Filed on 2/25/2021) (Entered: 02/25/2021)

Feb. 25, 2021 PACER
86

Notice of Change In Counsel

Oct. 15, 2021 PACER
87

Order

Oct. 18, 2021 PACER
88

Notice of Substitution of Counsel

Oct. 27, 2021 PACER
89

Notice of Appearance

Oct. 27, 2021 PACER
90

Miscellaneous Relief

Dec. 1, 2021 PACER
91

Re-notice motion

Dec. 9, 2021 PACER

Set Motion and Deadlines/Hearings No NEF

Dec. 13, 2021 PACER
92

Opposition/Response to Motion

Dec. 15, 2021 PACER

~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

Dec. 16, 2021 PACER

~Util - Teleconference Zoom AND Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

Dec. 16, 2021 PACER

~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice

Dec. 16, 2021 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: March 24, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Thirteen ICE detainees.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement (District of Columbia), Federal

Acting Director of the San Francisco Field Office of ICE (San Francisco), Federal

Deputy Director of ICE (District of Columbia), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

Conditions of confinement

Habeas Corpus

Sanitation / living conditions

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Denied

Mitigation Granted

Mitigation Requested

Release Denied

Release Granted

Release granted-group

Release granted-individual

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Detention - conditions