Case: Basank v. Decker

1:20-cv-02518 | U.S. District Court for the Southern District of New York

Filed Date: March 24, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: In this case, on March 26, 2020, Judge Analisa Torres ordered ICE to release ten particularly vulnerable noncitizen detainees from ICE detention in New York, in light of the grave threat posed by congregate detention during the COVID-19 pandemic. The respondents filed an interlocutory appeal on June 19, which is still pending before the Second Circuit; the parties withdrew the appeal on October 5, 2020. On March 24, 2020, ten individuals detained by ICE in county jails in New …

COVID-19 Summary: In this case, on March 26, 2020, Judge Analisa Torres ordered ICE to release ten particularly vulnerable noncitizen detainees from ICE detention in New York, in light of the grave threat posed by congregate detention during the COVID-19 pandemic. The respondents filed an interlocutory appeal on June 19, which is still pending before the Second Circuit; the parties withdrew the appeal on October 5, 2020.


On March 24, 2020, ten individuals detained by ICE in county jails in New York filed a petition for a writ of habeas corpus and a motion for a temporary restraining order (TRO) in the U.S. District Court for the Southern District of New York. The petitioners, who each have underlying health conditions and illnesses, sued the Director of the New York Field Office of ICE and the Acting Secretary of the U.S. Department of Homeland Security. The petitioners, represented by the Brooklyn Defender Service, sought a TRO releasing them from detention and restraining respondents from arresting petitioners for civil immigration detention purposes during the pendency of their immigration proceedings. The petitioners claimed that their incarceration in ICE detention without adequate protection for their health during the COVID-19 pandemic violated their Fifth Amendment due process rights. Specifically, the petitioners allege that the conditions of the detention facilities pose serious and potentially fatal risks to their health. The jails in which petitioners are incarcerated each report confirmed cases of COVID-19.

Previous to the suit, Brooklyn Defender Services emailed the U.S. Attorney’s Office and requested that ICE release particularly vulnerable individuals from detention, but ICE ignored their requests for release. The Office responded that they could not provide a timeframe for a response. On March 25, the attorney emailed the U.S. Attorney again and informed him of petitioners’ intent to seek a TRO. On March 26, petitioners filed an amended petition and the court held a hearing. Later that day, Judge Analisa Torres granted the TRO, finding that ICE continued to be deliberately indifferent to the basic needs of people in immigration detention. Judge Torres explained that "Confining vulnerable individuals such as Petitioners without enforcement of appropriate social distancing and without specific measures to protect their delicate health ‘poses an unreasonable risk of serious damage to their future health,’ and demonstrates deliberate indifference." The court ordered the respondents and the Hudson, Bergen, and Essex County Correctional Facilities to immediately release petitioners on their own recognizance and restrained respondents from arresting them for civil immigration detention purposes while they await immigration proceedings.

The TRO expired on April 9, 2020, but on April 1, Judge Torres had ordered the parties to show cause why the TRO should not be converted into a preliminary injunction. On April 8, the court ordered that the TRO would remain in effect until April 23.

On April 23, the court granted the petitioners' request for a preliminary injunction. The injunction included: (1) petitioners would remain released, subject to conditions to be set by the court, and (2) respondents would be restrained from arresting petitioners for civil immigration detention purposes unless they first obtained the court's permission. Further, Judge Torres ordered that the parties meet and confer, and propose reasonable conditions of release for each petitioner by April 24. The injunction will remain in effect until the court orders otherwise.

Then, on April 27, the court issued orders pertaining to release conditions for the petitioners. The respondents filed an interlocutory appeal on June 19, which is still pending before the Second Circuit. The parties filed a stipulation withdrawing the appeal on October 5, 2020. The case remains ongoing.

Summary Authors

Lily Sawyer-Kaplan (9/21/2020)

Chandler Hart-McGonigle (11/17/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17005096/parties/basank-v-decker/


Judge(s)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

Harper, Mary Sameera Van Houten (New York)

Lampert, Alexandra Lynn (New York)

McCrea, Hannah (New York)

Menschel, Brooke (New York)

Attorneys(s) for Defendant

Byars, Michael James (New York)

Issacharoff, Lucas Estlund (New York)

Judge(s)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

Harper, Mary Sameera Van Houten (New York)

Lampert, Alexandra Lynn (New York)

McCrea, Hannah (New York)

Menschel, Brooke (New York)

Attorneys(s) for Defendant

Byars, Michael James (New York)

Issacharoff, Lucas Estlund (New York)

Documents in the Clearinghouse

Document

1:20-cv-02518

Docket [PACER]

Sept. 29, 2021

Sept. 29, 2021

Docket
11

1:20-cv-02518

Memorandum and Order

March 26, 2020

March 26, 2020

Order/Opinion
28

1:20-cv-02518

Order

April 8, 2020

April 8, 2020

Order/Opinion
32

1:20-cv-02518

Opinion and Order

2020 WL 1953847

April 23, 2020

April 23, 2020

Order/Opinion
42

1:20-cv-02518

Order

April 27, 2020

April 27, 2020

Order/Opinion
40

1:20-cv-02518

Order

April 27, 2020

April 27, 2020

Order/Opinion
39

1:20-cv-02518

Order

April 27, 2020

April 27, 2020

Order/Opinion
38

1:20-cv-02518

Order

April 27, 2020

April 27, 2020

Order/Opinion
41

1:20-cv-02518

Order

April 27, 2020

April 27, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17005096/basank-v-decker/

Last updated Aug. 6, 2022, 3:03 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-19205037)Document filed by Vasif "Vincent&q Basank. (Attachments: # 1 Exhibit A - Haney Declaration).(Menschel, Brooke) (Entered: 03/24/2020)

March 23, 2020

March 23, 2020

PACER
2

CIVIL COVER SHEET filed..(Menschel, Brooke) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

March 24, 2020

March 24, 2020

PACER

Notice to Attorney Regarding Party Modification

March 24, 2020

March 24, 2020

PACER

Case Opening Initial Assignment Notice

March 24, 2020

March 24, 2020

PACER

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

March 24, 2020

March 24, 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. (pne)

March 24, 2020

March 24, 2020

PACER

Case Designated ECF. (pne)

March 24, 2020

March 24, 2020

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brooke Menschel. The party information for the following party/parties has been modified: Vasif Basank, Thomas Decker, Chad Wolf. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (pne)

March 24, 2020

March 24, 2020

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brooke Menschel. The following case opening statistical information was erroneously selected/entered: County code Kings. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pne)

March 24, 2020

March 24, 2020

PACER
3

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED PETITION amending 1 Petition for Writ of Habeas Corpus against Vasif Basank, Barrera Carrerro Freddy, Manuel Benitez Pineda, Miguel Hernandez Balbuena, Latoya Legall, Carlos Martinez, Estanlig Mazariegos, Manuel Menendez, Antar Andres Pena, Isidro Picazo Nicolas.Document filed by Vasif Basank. Related document: 1 Petition for Writ of Habeas Corpus..(Menschel, Brooke) Modified on 3/26/2020 (jgo). (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
4

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Alexandra Lynn Lampert on behalf of Vasif Basank, Manuel Benitez Pineda, Barrera Carrerro Freddy, Miguel Hernandez Balbuena, Latoya Legall, Carlos Martinez, Estanlig Mazariegos, Manuel Menendez, Antar Andres Pena, Isidro Picazo Nicolas.(Lampert, Alexandra) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
5

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Mary Sameera Van Houten Harper on behalf of Vasif Basank, Manuel Benitez Pineda, Barrera Carrerro Freddy, Miguel Hernandez Balbuena, Latoya Legall, Carlos Martinez, Estanlig Mazariegos, Manuel Menendez, Antar Andres Pena, Isidro Picazo Nicolas.(Van Houten Harper, Mary) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
6

MOTION for Temporary Restraining Order . Document filed by Vasif Basank, Manuel Benitez Pineda, Barrera Carrerro Freddy, Miguel Hernandez Balbuena, Latoya Legall, Carlos Martinez, Estanlig Mazariegos, Manuel Menendez, Antar Andres Pena, Isidro Picazo Nicolas. (Attachments: # 1 Exhibit Harper Decl.).(Van Houten Harper, Mary) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
7

ORDER: It is hereby ORDERED that a telephonic hearing will be held on March 26, 2020, at 12:00 p.m., on the Petitioners' application for a temporary restraining order, ECF No. 6. The parties are directed to call: 888-398-2342 or 215-861-0674, access code: 5598827. ( Telephone Conference set for 3/26/2020 at 12:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 3/26/2020) (cf) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

RECAP

Notice to Attorney Regarding Deficient Pleading

March 26, 2020

March 26, 2020

PACER
8

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Hannah McCrea on behalf of Vasif Basank.(McCrea, Hannah) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brooke Menschel to RE-FILE Document No. 3 Amended Petition. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; all of the filers were not selected for the pleading. Re-file the pleading using the event type Amended Petition found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)

March 26, 2020

March 26, 2020

PACER

Minute Entry for proceedings held before Judge Analisa Torres: Oral argument on the application for a Temporary Restraining Order, ECF No. 6, held on 3/26/2020. (Court Reporter Pamela Utter) (jw)

March 26, 2020

March 26, 2020

PACER
9

AMENDED PETITION amending 3 Amended Petition,, 1 Petition for Writ of Habeas Corpus against Thomas Decker, Chad Wolf.Document filed by Manuel Menendez, Carlos Martinez, Antar Andres Pena, Barrera Carrerro Freddy, Estanlig Mazariegos, Vasif Basank, Manuel Benitez Pineda, Latoya Legall, Miguel Hernandez Balbuena, Isidro Picazo Nicolas. Related document: 3 Amended Petition,, 1 Petition for Writ of Habeas Corpus..(Menschel, Brooke) Modified on 3/27/2020 (pc). (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
10

NOTICE OF APPEARANCE by Michael James Byars on behalf of Thomas Decker, Chad Wolf..(Byars, Michael) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
11

MEMORANDUM AND ORDER granting 6 Motion for TRO. For the reasons stated above, the TRO is GRANTED. Respondents, and the Hudson, Bergen, and Essex County Correctional Facilities are ORDERED to immediately release Petitioners today on their own recognizance without fail. Respondents are RESTRAINED from arresting Petitioners for civil immigration detention purposes during the pendency of their immigration proceedings. The TRO will expire on April 9, 2020, at 6:30 p.m. No later than April 2, 2020, at 12:00 p.m., Respondents must show cause why the TRO should not be converted to a preliminary injunction. Petitioners may file a response no later than April 7, 2020, at 12:00 p.m. SO ORDERED. (Signed by Judge Analisa Torres on 3/26/2020) (rro) (Main Document 11 replaced on 3/27/2020) (cf). (Main Document 11 replaced on 3/30/2020) (cf). (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

RECAP

Notice to Attorney Regarding Party Modification

March 27, 2020

March 27, 2020

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brooke Menschel. The party information for the following party/parties has been modified: Miguel Hernandez Balbuena, Barrera Carrerro Freddy. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc)

March 27, 2020

March 27, 2020

PACER
12

ORDER: Petitioners' request, made at the telephonic hearing, for leave to amend their petition to add class claims is DENIED. (Signed by Judge Analisa Torres on 3/27/2020) (cf) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

RECAP
13

NOTICE OF APPEARANCE by Lucas Estlund Issacharoff on behalf of Thomas Decker, Chad Wolf..(Issacharoff, Lucas) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
14

PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Vasif Basank, Manuel Benitez Pineda, Freddy Barrera Carrerro, Latoya Legall, Carlos Martinez, Estanlig Mazariegos, Manuel Menendez, Miguel Angel Hernandez Balbuena, Antar Andres Pena, Isidro Picazo Nicolas, Kenny Alfaro, Milton Barbecho, Thierry Barnebougle, Felipe Diaz Presbot, Nathaniel Lawrence, Edson Louis, Fredy Olaya Lugo, Jose Molina, Job Velasquez Estrada, Josue Manrique Vallejo. (Attachments: # 1 Affidavit, # 2 Motion for Leave, # 3 Exhibit Ex. A: Proposed Amended Petition, # 4 Exhibit Ex. B: Proposed Amended Petition - Redline) Related Document Number: [20-cv-2518]..(Menschel, Brooke) Proposed Order to Show Cause 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

April 1, 2020

April 1, 2020

PACER

***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. 14 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt)

April 1, 2020

April 1, 2020

PACER
15

ORDER TO SHOW CAUSE: 1. By April 2, 2020, at 12:00 p.m., Respondents shall file a return on the Order to Show Cause why the Motion for Leave to Amend should not be granted. 2. By April 1, 2020, at 1:00 p.m., Petitioners shall serve a copy of this Order to Show Cause and all papers filed at ECF No. 14 upon Respondents. Service by email shall be deemed sufficient. 3. By April 1, 2020, at 5:00 p.m., Petitioners shall file proof of service to the docket. (Signed by Judge Analisa Torres on 4/1/2020) (cf) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

RECAP
16

CERTIFICATE OF SERVICE of Order to Show Cause, Motion for Leave to Amend served on Thomas Decker, Chad Wolf on April 1, 2020. Service was accepted by Michael Byars. Document filed by Kenny Alfaro, Milton Barbecho, Thierry Barnebougle, Vasif Basank, Manuel Benitez Pineda, Felipe Diaz Presbot, Freddy Barrera Carrerro, Nathaniel Lawrence, Latoya Legall, Edson Louis, Carlos Martinez, Estanlig Mazariegos, Manuel Menendez, Miguel Angel Hernandez Balbuena, Jose Molina, Fredy Olaya Lugo, Antar Andres Pena, Isidro Picazo Nicolas, Josue Manrique Vallejo, Job Velasquez Estrada..(Menschel, Brooke) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
17

MEMORANDUM OF LAW in Opposition re: 6 MOTION for Temporary Restraining Order . . Document filed by Thomas Decker, Chad Wolf. (Attachments: # 1 Moon Declaration, # 2 Ahrendt Declaration, # 3 Ortiz Declaration, # 4 Dawson Declaration, # 5 Exhibit A - J, # 6 Exhibit K - T).(Issacharoff, Lucas) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
18

OPPOSITION BRIEF re: 15 Order to Show Cause,, Motion to Add Parties. Document filed by Thomas Decker, Chad Wolf..(Issacharoff, Lucas) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
19

AFFIRMATION of Kristopher Dawson (Corrected) in Opposition re: 6 MOTION for Temporary Restraining Order .. Document filed by Thomas Decker, Chad Wolf..(Issacharoff, Lucas) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
20

ORDER: Accordingly, Petitioners' request to add the Proposed Petitioners is DENIED. The Proposed Petitioners may immediately refile their petition with the Clerk of Court for random assignment. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 4/2/2020) (cf) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

RECAP
21

LETTER MOTION for Leave to File Declarations addressed to Judge Analisa Torres from Lucas Issacharoff dated 4/3/2020. Document filed by Thomas Decker, Chad Wolf. (Attachments: # 1 Edwards Declaration (Hudson), # 2 Corrected Ortiz Declaration (Essex)).(Issacharoff, Lucas) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
22

ORDER granting 21 Letter Motion for Leave to File Document. GRANTED. (Signed by Judge Analisa Torres on 4/3/2020) (cf) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
23

AFFIRMATION of Ron Edwards in Opposition re: 6 MOTION for Temporary Restraining Order .. Document filed by Thomas Decker, Chad Wolf..(Issacharoff, Lucas) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
24

AFFIRMATION of Alfaro Ortiz (corrected) in Opposition re: 6 MOTION for Temporary Restraining Order .. Document filed by Thomas Decker, Chad Wolf..(Issacharoff, Lucas) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
25

LETTER addressed to Judge Analisa Torres from Brooke Menschel dated April 7, 2020 re: Basank v. Decker, 20-cv-2518, request to file beyond page limit. Document filed by Vasif Basank, Manuel Benitez Pineda, Freddy Barrera Carrerro, Latoya Legall, Carlos Martinez, Estanlig Mazariegos, Manuel Menendez, Miguel Angel Hernandez Balbuena, Antar Andres Pena, Isidro Picazo Nicolas..(Menschel, Brooke) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
26

REPLY MEMORANDUM OF LAW in Support re: 6 MOTION for Temporary Restraining Order . . Document filed by Vasif Basank, Manuel Benitez Pineda, Freddy Barrera Carrerro, Latoya Legall, Carlos Martinez, Estanlig Mazariegos, Manuel Menendez, Miguel Angel Hernandez Balbuena, Antar Andres Pena, Isidro Picazo Nicolas. (Attachments: # 1 Affidavit Legall Declaration, # 2 Affidavit Dioni Declaration, # 3 Affidavit Picasso Declaration, # 4 Affidavit Lituma Declaration, # 5 Affidavit Sanchez Declaration, # 6 Affidavit Basank Declaration, # 7 Affidavit Saenz Declaration).(Menschel, Brooke) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
27

MEMO ENDORSEMENT on re: 25 Letter, filed by Miguel Angel Hernandez Balbuena, Latoya Legall, Vasif Basank, Freddy Barrera Carrerro, Manuel Benitez Pineda, Manuel Menendez, Antar Andres Pena, Estanlig Mazariegos, Isidro Picazo Nicolas, Carlos Martinez. ENDORSEMENT: GRANTED. (Signed by Judge Analisa Torres on 4/7/2020) (cf) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
28

ORDER: The parties, having briefed their positions in response to the Court's order to show cause why the temporary restraining order ("TRO"), ECF No. 11, should not be converted to a preliminary injunction, see id. at 15, it is hereby ORDERED that the TRO shall remain in effect until April 23, 2020, at 6:30 p.m. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 4/8/2020) (cf) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

RECAP
29

LETTER addressed to Judge Analisa Torres from Lucas Issacharoff dated 4/9/2020 re: Updated Declarations. Document filed by Thomas Decker, Chad Wolf. (Attachments: # 1 Amended Edwards Declaration, # 2 Second Amended Ortiz Declaration, # 3 Amended Ahrendt Declaration).(Issacharoff, Lucas) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
30

TRANSCRIPT of Proceedings re: CONFERENCE held on 3/26/2020 before Judge Analisa Torres. Court Reporter/Transcriber: Pamela Utter, (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
31

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
32

OPINION AND ORDER: For the reasons stated in this opinion, it is hereby ORDERED that Petitioners' request for a preliminary injunction is GRANTED as follows: (1) Petitioners shall remain released, subject to conditions to be set by the Court, and (2) Respondents are RESTRAINED from arresting Petitioners for civil immigration detention purposes unless Respondents first obtain the Court's permission. It is further ORDERED that the parties shall meet and confer, and propose reasonable conditions of release for each Petitioner by April 24, 2020. The preliminary injunction shall remain in effect until further order of the Court. (Signed by Judge Analisa Torres on 4/23/2020) (mro) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

RECAP
33

LETTER addressed to Judge Analisa Torres from Brooke Menschel dated April 24, 2020 re: Basank v. Decker, Request for Extension of Time. Document filed by Kenny Alfaro, Milton Barbecho, Thierry Barnebougle, Vasif Basank, Manuel Benitez Pineda, Felipe Diaz Presbot, Freddy Barrera Carrerro, Nathaniel Lawrence, Latoya Legall, Edson Louis, Carlos Martinez, Estanlig Mazariegos, Manuel Menendez, Miguel Angel Hernandez Balbuena, Jose Molina, Fredy Olaya Lugo, Antar Andres Pena, Isidro Picazo Nicolas, Josue Manrique Vallejo, Job Velasquez Estrada..(Menschel, Brooke) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
35

MEMO ENDORSEMENT on re: 33 LETTER addressed to Judge Analisa Torres from Brooke Menschel dated April 24, 2020 re: Basank v. Decker, Request for Extension of Time. Document filed by Kenny Alfaro, Milton Barbecho, et al. ENDORSEMENT: Granted. So ordered. (Signed by Judge Analisa Torres on 4/24/2020) (rjm) (Entered: 04/27/2020)

April 24, 2020

April 24, 2020

PACER
34

JOINT LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Lucas Issacharoff dated 4/27/2020. Document filed by Thomas Decker, Chad Wolf..(Issacharoff, Lucas) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
36

ORDER granting 34 JOINT LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Lucas Issacharoff dated 4/27/2020. Document filed by Thomas Decker, Chad Wolf. Granted. So ordered. (Signed by Judge Analisa Torres on 4/27/2020) (rjm) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
37

LETTER addressed to Judge Analisa Torres from Brooke Menschel dated April 27, 2020 re: Proposed Conditions. Document filed by Kenny Alfaro, Milton Barbecho, Thierry Barnebougle, Vasif Basank, Manuel Benitez Pineda, Felipe Diaz Presbot, Freddy Barrera Carrerro, Nathaniel Lawrence, Latoya Legall, Edson Louis, Carlos Martinez, Estanlig Mazariegos, Manuel Menendez, Miguel Angel Hernandez Balbuena, Jose Molina, Fredy Olaya Lugo, Antar Andres Pena, Isidro Picazo Nicolas, Josue Manrique Vallejo, Job Velasquez Estrada. (Attachments: # 1 Affidavit Declaration, # 2 Exhibit Letter, # 3 Exhibit Letter).(Menschel, Brooke) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
38

ORDER. It is ORDERED that the following conditions of release shall apply to Estanlig Mazriegos: 1. Petitioner shall reside only at the address provided to the Court in the parties' joint filing on April 27, 2020; 2. Petitioner shall comply with the order of protection issued in connection with his January 16, 2020 arrest; 3. Petitioner shall comply with all national, state, local, and Centers for Disease Control and Prevention guidelines and orders regarding COVID-19; 4. Petitioner shall be subject to electronic monitoring by Immigrations and Customs Enforcement ("ICE") via a GPS ankle bracelet; 5. Petitioner shall be subject to telephonic monitoring by ICE; 6. Petitioner shall provide ICE with a working telephone number at which he may be reached; 7. Petitioner shall not commit a federal, state, or local crime; and 8. Petitioner shall appear for any court hearings at which his presence is required, including proceedings before an immigration judge. SO ORDERED. (Signed by Judge Analisa Torres on 4/27/2020) (rjm) (Entered: 04/28/2020)

April 27, 2020

April 27, 2020

RECAP
39

ORDER: On April 23, 2020, the Court granted Petitioners' application for a preliminary injunction and directed the parties to propose reasonable conditions of release for Petitioners. ECF No. 32. Having reviewed the parties' proposed conditions, ECF No. 37, it is ORDERED that the following conditions of release shall apply to Carlos Martinez: 1. Petitioner shall reside only at the address provided to the Court in the parties' joint filing on April 27, 2020; 2. Petitioner shall comply with all national, state, local, and Centers for Disease Control and Prevention guidelines and orders regarding COVID-19; 3. Petitioner shall be subject to telephonic monitoring by Immigration and Customs Enforcement ("ICE"); 4. Petitioner shall provide ICE with a working telephone number at which he may be reached; 5. Petitioner shall not commit a federal, state, or local crime; and 6. Petitioner shall appear for any court hearings at which his presence is required, including proceedings before an immigration judge. (Signed by Judge Analisa Torres on 4/27/2020) (cf) (Entered: 04/28/2020)

April 27, 2020

April 27, 2020

RECAP
40

ORDER: On April 23, 2020, the Court granted Petitioners' application for a preliminary injunction and directed the parties to propose reasonable conditions of release for Petitioners. ECF No. 32. Having reviewed the parties' proposed conditions, ECF No. 37, it is ORDERED that the following conditions of release shall apply to Antar Andres Pene: 1. Petitioner shall reside only at the address provided to the Court in the parties' joint filing on April 27, 2020; 2. Petitioner shall comply with all national, state, local, and Centers for Disease Control and Prevention guidelines and orders regarding COVID-19; 3. Petitioner shall be subject to telephonic monitoring by Immigration and Customs Enforcement ("ICE"); 4. Petitioner shall provide ICE with a working telephone number at which he may be reached; 5. Petitioner shall not commit a federal, state, or local crime; and 6. Petitioner shall appear for any court hearings at which his presence is required, including proceedings before an immigration judge. (Signed by Judge Analisa Torres on 4/27/2020) (cf) (Entered: 04/28/2020)

April 27, 2020

April 27, 2020

RECAP
41

ORDER: On April 23, 2020, the Court granted Petitioners' application for a preliminary injunction and directed the parties to propose reasonable conditions of release for Petitioners. ECF No. 32. Having reviewed the parties' proposed conditions, ECF No. 37, it is ORDERED that the following conditions of release shall apply to Freddy Barrera Carrerro: 1. Petitioner shall reside only at the address provided to the Court in the parties' joint filing on April 27, 2020; 2. Petitioner shall comply with the order of protection issued in connection with his November 20, 2019 disorderly conduct conviction; 3. Petitioner shall comply with all national, state, local, and Centers for Disease Control and Prevention guidelines and orders regarding COVID-19; 4. Petitioner shall be subject to electronic monitoring by Immigration and Customs Enforcement ("ICE") via a GPS ankle bracelet; 5. Petitioner shall be subject to telephonic monitoring by ICE; 6. Petitioner shall provide ICE with a working telephone number at which he may be reached; 7. Petitioner shall not commit a federal, state, or local crime; and 8. Petitioner shall appear for any court hearings at which his presence is required, including proceedings before an immigration judge. (Signed by Judge Analisa Torres on 4/27/2020) (cf) (Entered: 04/28/2020)

April 27, 2020

April 27, 2020

RECAP
42

ORDER: it is ORDERED that the following conditions of release shall apply to Isidro Picazo Nicolas:1. Petitioner shall reside only at the address provided to the Court in the parties' joint filing on April 27, 2020; 2. Petitioner shall comply with all national, state, local, and Centers for Disease Control and Prevention guidelines and orders regarding COVID-19; 3. Petitioner shall be subject to telephonic monitoring by Immigrations and Customs Enforcement ("ICE"); As further set forth in this Order. SO ORDERED. (Signed by Judge Analisa Torres on 4/27/2020) (ks) Modified on 4/29/2020 (ks). (Entered: 04/28/2020)

April 27, 2020

April 27, 2020

RECAP
43

NOTICE OF INTERLOCUTORY APPEAL from 32 Memorandum & Opinion,,. Document filed by Thomas Decker, Chad Wolf. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Issacharoff, Lucas) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 43 Notice of Interlocutory Appeal. (tp)

June 19, 2020

June 19, 2020

PACER

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 43 Notice of Interlocutory Appeal filed by Chad Wolf, Thomas Decker were transmitted to the U.S. Court of Appeals. (tp)

June 19, 2020

June 19, 2020

PACER

Transmission of Notice of Appeal and Docket Sheet to USCA

June 19, 2020

June 19, 2020

PACER

Appeal Record Sent to USCA - Electronic File

June 19, 2020

June 19, 2020

PACER
44

MANDATE of USCA (Certified Copy) as to 43 Notice of Interlocutory Appeal filed by Chad Wolf, Thomas Decker. USCA Case Number 20-1966. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered"... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/05/2020..(nd) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
45

INTERNET CITATION NOTE: Material from decision with Internet citation re: 11 Order on Motion for TRO. (sjo) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER
46

MOTION to Modify Conditions of Release for Estanlig Mazariegos. Document filed by Estanlig Mazariegos..(Menschel, Brooke) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
47

MEMO ENDORSEMENT on 46 granting Motion re: 46 MOTION to Modify Conditions of Release for Estanlig Mazariegos. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Analisa Torres on 7/09/2021) (ama) (Entered: 07/11/2021)

July 9, 2021

July 9, 2021

RECAP
48

MOTION for Hannah McCrea to Withdraw as Attorney . Document filed by Vasif Basank..(McCrea, Hannah) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

PACER
49

Order on Motion to Withdraw as Attorney

March 2, 2022

March 2, 2022

PACER

Notice of Redesignation to Magistrate Judge

April 29, 2022

April 29, 2022

PACER
50

Substitute Attorney

June 6, 2022

June 6, 2022

PACER
51

Order on Motion to Substitute Attorney

June 6, 2022

June 6, 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 24, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The petitioners have underlying health conditions and illnesses and are detained in ICE custody.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Director of the New York Field Office of ICE , Federal

Acting Secretary of the U.S. Department of Homeland Security., 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

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

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

Habeas Corpus

Sanitation / living conditions

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Granted

Mitigation Requested

Release Granted

Release granted-group

Release granted-individual

Release-process created/modified

Release Requested

Immigration/Border:

Detention - conditions