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Case: Savino v. Hodgson

1:20-cv-10617 | U.S. District Court for the District of Massachusetts

Filed Date: March 27, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: A class action for emergency release by noncitizens in civil immigration detention in the Bristol County House of Corrections. Judge William Young provisionally certified five sub-classes, reviewed dozens of bail applications, and released several individuals. Then on May 12, he banned further admissions to the facility and ordered universal COVID-19 testing. The defendants moved to reconsider and appealed to the First Circuit. On June 3, the court declined to reconsider the p…

COVID-19 Summary: A class action for emergency release by noncitizens in civil immigration detention in the Bristol County House of Corrections. Judge William Young provisionally certified five sub-classes, reviewed dozens of bail applications, and released several individuals. Then on May 12, he banned further admissions to the facility and ordered universal COVID-19 testing. The defendants moved to reconsider and appealed to the First Circuit. On June 3, the court declined to reconsider the preliminary injunction but modified it to make the testing of staff at the facility voluntary instead of mandatory. The parties filed a joint notice of settlement on April 6; the court approved the settlement on May 13, 2021 and the case was dismissed shortly thereafter.


On March 27, 2020, a class of civil immigration detainees held in two Massachusetts detention centers (Bristol County House of Corrections and C. Carlos Carreiro Immigration Detention Center) filed this federal petition and complaint in the U.S. District Court for the District of Massachusetts. Represented by Lawyers for Civil Rights and Yale Law School's Worker and Immigrant Rights Advocacy Clinic, the plaintiffs sued the supervisors of their detention center, the acting Director of the Boston Field Office for U.S. Immigration and Customs Enforcement, the Secretary of the U.S. Department of Homeland Security, and the acting Deputy Director for ICE. The plaintiffs sought declaratory relief and a writ of habeas corpus, or in the alternative, injunctive relief asking the court to order the immediate release of all immigration detainees held in their locations. Specifically, they argued that they were at high risk of contracting the highly contagious disease, stating that they were “unaware of any meaningful safety measures” put in place by the facilities. They claimed that this violated their Fifth Amendment substantive due process rights. In addition, they claimed that by exposing the detainees with underlying medical conditions to a heightened risk of COVID-19, the defendants were preventing them from participating in the removal process because of their disability in violation of the Rehabilitation Act. In support of their motion, the plaintiffs pointed to other instances around the country where detainees and incarcerated individuals had been released in order to promote social distancing and self-isolation, including Los Angeles, New Jersey, Cleveland, Nashville, and San Antonio. The plaintiffs also requested that the court prohibit the placement of new detainees within in the detention centers until public health protocols were implemented.

The same day, the plaintiffs also filed a motion for a temporary restraining order, asking the court to order either the release of the putative class or the implementation of safety protocols within the detention system. As support for their motions, they included statements and declarations from various impacted individuals and detainees. The plaintiffs moved to certify a class consisting of all civil immigration detainees held in either the Bristol County House of Corrections or the C. Carlos Carreiro Immigration Detention Center.

The case was originally assigned to Judge Patti B. Saris as connected with another case already before her; however, after Judge Saris determined that the two cases were unconnected, this case was reassigned to Judge William G. Young.

A hearing on the temporary restraining order occurred on April 1, 2020 and April 2, 2020. Judge Young declined to certify the entire class action, but instead “provisionally certified” five individual subclasses based off a chart provided to him by the Bristol County Sheriff’s office: (1) 11 detainees without any previous criminal history who also didn't have any pending charges; (2) detainees with nonviolent charges against them who had underlying medical condition; (3) those with nonviolent crimes who didn't have underlying health conditions; (4) and (5) detainees with serious pending charges against them, 17 with serious convictions. Judge Young also indicated that he might order releases very soon, noting "The numerical evidence seems incontrovertible, that the fewer people that are in the center, the greater the chance for health and safety for the people who remain there," as reported by Commonwealth Magazine.

On April 4, Judge Young granted bail to three individuals, and proposed to review petitions for bail at a rate of ten per day. The next day, he released a schedule of the order in which bail applications would be reviewed, starting on April 7 and continuing at a rate of ten per weekday until Monday, April 13, reviewing a total of fifty petitions.

On April 7, Judge Young ordered the release of eight individuals. In the order, he expressed concern that the remaining individuals might not have enough space within the detention facility to socially distance, ordering that to be among the items discussed at a hearing scheduled for April 9.

On April 8, Judge Young granted the plaintiffs' motion for class certification, certifying as a class all civil immigration detainees still held at the Bristol and Carreiro centers--some 148 detainees. The order noted that the Court was not ready to rule yet on the habeas petition or the preliminary injunction, but was willing to "expeditiously" consider bail petitions. 2020 WL 1703844.

On April 9, fifteen additional detainees were released on bail. Ten more individuals were released on April 10. Judge Young issued an updated list of individuals to be considered for bail the same day, with 49 individuals slated to be released from April 14 to April 20.

On April 14, the defendants filed a motion to stay further releases, which was promptly denied by the Court on April 15. The Court chided the defendants for the request: "Compelling issues of individual, institutional, and community health preclude the luxury of a stay so counsel can 'consider their appellate options.' The motion is denied."

On April 17, Judge Young issued the next schedule of releases pending bail, with 29 individuals scheduled for release from April 21 to April 23.

On May 12, the court granted preliminary relief and ordered that all immigration detainees at the detention center and staff who came into contact with them be tested for COVID-19. The court further ordered that no new immigration detainees be admitted. 2020 U.S. Dist. LEXIS 83371. On May 18, the court followed up with an order, requiring defendants to furnish their plan for testing staff and detainees. The court noted that the Massachusetts Department of Corrections had implemented testing for all staff and inmates and that "since, under our Constitution, ICE power to lock a person up is limited by its obligation to care for that person, surely ICE can be expected to care for its civil detainees at least as well as Massachusetts cares for its convicted felons."

On May 22, the defendants asked the court to reconsider, arguing that they had not acted with deliberate indifference. They further stated that many of their staff had shown reluctance to COVID-19 testing.

The defendants also appealed to the First Circuit on June 1. This appeal was assigned USCA Case Number 20-1564, and it was later voluntarily dismissed on October 28. On June 22, the plaintiffs cross-appealed, and the case was assigned USCA Case Number 20-1626.

On June 3, a hearing was held regarding the motion for reconsideration. The court requested both parties to report what acceptable population range could be safely held in the facility. The defendants were also ordered to report the names of immigration detainees at a heightened risk of COVID-19, so the court could determine who should be reviewed for potential release. The court also modified the preliminary injunction to make the testing of staff at the facility voluntary, with no adverse effects for staff who declined the test.

In a memorandum dated June 18, the court gave an explanation to its denial of the defendant's motion for reconsideration of the preliminary injunction, writing: "just as 'the increased rate of infection' does not itself prove deliberate indifference, the absence of known infections does not disprove deliberate indifference."

On June 30, the court noted that the (1) the population of detainees dropped from 80 detainees when the preliminary injunction was issued and that (2) all detainees, with the exception of a few who refused testing and so were quarantined, had tested negative for COVID-19. The court recognized the risk to public health resulting from transferring new detainees between facilities, including those outside the state. Therefore, the court modified the preliminary injunction to add the following: “New immigration detainees may, upon motion and leave from the Court, be admitted from the criminal wing of the facility, but only if they have (1) tested negative for COVID-19 and remained isolated since their test, (2) been evaluated for underlying medical conditions, and (3) been considered for release by ICE.”

The defendant appealed to the First Circuit on August 3, and the case was assigned USCA Case Number 20-1768.

On January 11, 2021, the judge referred parties to Alternative Dispute Resolution. On February 9, 2021, the judge requested briefing on the impact of the memorandum issued on January 20, 2021, from Acting Secretary Pekoske on Immigration Enforcement Policies, which paused removals for certain non-citizens. January 20, 2021 Memorandum on Immigration Enforcement Policies.

On April 6, 2021 the plaintiffs filed a joint motion for settlement and to modify bail conditions. The court granted the motion for preliminary approval of the settlement and set a fairness hearing.

The Settlement Agreement divided the class members into several groups, those to be released, those to be provided "other relief," and those currently released on bail. The agreement provided that 6 detainees were to be released immediately and that the 32 individuals already on bail would remain released with a removal of curfew, home confinement, or GPS monitoring restrictions. For the members of the class remaining in detention, the agreement allowed them the option to be transferred out of BCHOC to another ICE facility. The court's May 12, 2020 order, which prohibited the admission of new detainees, was to remain in place until the final approval of the Settlement Agreement, at which time the preliminary injunction would be dissolved.

Several individual detainees filed motions objecting to the settlement agreement, stating that the settlement was not conducive to their interests and requesting alternative, individual relief from the court.

After a fairness hearing, the court approved the settlement agreement on May 13, 2021, finding that the settlement was equitable and provided adequate relief to all of the class members. Per the terms of the settlement agreement, it will expire 4 years from the date of the court's approval, on May 13, 2025. Judge Young dismissed the case on May 18, 2021; should the parties wish to enforce the terms of the settlement agreement, they may seek relief from any court of competent jurisdiction.

Summary Authors

Elizabeth Helpling (4/21/2020)

Averyn Lee (9/24/2020)

Chandler Hart-McGonigle (11/29/2020)

Tessa McEvoy (3/12/2021)

Zofia Peach (4/15/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/59691325/parties/savino-v-hodgson/


Judge(s)

Young, William G. (Massachusetts)

Attorneys(s) for Plaintiff

Ahmad, Muneer I. (Connecticut)

Attreya, Rama S. (Massachusetts)

Brown, Michael J. (Massachusetts)

Butts, John J. (Massachusetts)

Curtis, Annaleigh E. (Massachusetts)

Dooley, Nicole M.F. (Massachusetts)

Driscoll, Elizabeth E (Massachusetts)

Ellsworth, Felicia H. (Massachusetts)

Espinoza-Madrigal, Ivan (Massachusetts)

Judge(s)

Young, William G. (Massachusetts)

Attorneys(s) for Plaintiff

Ahmad, Muneer I. (Connecticut)

Attreya, Rama S. (Massachusetts)

Brown, Michael J. (Massachusetts)

Butts, John J. (Massachusetts)

Curtis, Annaleigh E. (Massachusetts)

Dooley, Nicole M.F. (Massachusetts)

Driscoll, Elizabeth E (Massachusetts)

Ellsworth, Felicia H. (Massachusetts)

Espinoza-Madrigal, Ivan (Massachusetts)

Ferrera, Vinita (Massachusetts)

Foster, Mikayla C (Massachusetts)

Frank, Jerome N (Connecticut)

Howell-Walton, Gary B. (Massachusetts)

Jaber, Asma (Massachusetts)

Nimni, Oren N. (Massachusetts)

O'Laughlin, Kathleen M. (Illinois)

Parikh, Reena (Connecticut)

Pirozzolo, Lisa J. (Massachusetts)

Sampson, Lauren (Massachusetts)

Sellstrom, Oren M. (California)

Wishnie, Michael J. (Connecticut)

Zampierin, Sara (Alabama)

Attorneys(s) for Defendant

Fitzgerald, Michael (Massachusetts)

Kanwit, Thomas E. (Massachusetts)

Lelling, Andrew E. (Massachusetts)

Mendell, Nathaniel B (Massachusetts)

Parascandola, Christina B. (District of Columbia)

Ramus, Michelle M (District of Columbia)

Sady, Michael P. (Massachusetts)

Other Attorney(s)

Ahmed, Sameer (New York)

Borges, Judy (Massachusetts)

Fick, William W (Massachusetts)

Expert/Monitor/Master

Gonsalves, Gregg S. (Connecticut)

Greenbaum, Alan (Massachusetts)

Guarna-Armstrong, Immaculata (Massachusetts)

Hodgson, Thomas M. (Massachusetts)

Keller, Allen S. M.D. (New York)

Souza, Stephen (Massachusetts)

Wurcel, Alysse (Massachusetts)

Documents in the Clearinghouse

Document

1:20-cv-10617

1:20-cv-10644

1:21-cv-10060

0:20-01626

0:20-01564

0:20-01768

Docket [PACER]

June 22, 2021

June 22, 2021

Docket
11

1:20-cv-10617

Notice and Motion for Temporary Restraining Order

March 27, 2020

March 27, 2020

Pleading / Motion / Brief
14

1:20-cv-10617

Memorandum in Support of Plaintiffs' Motion for Class Certification

March 27, 2020

March 27, 2020

Pleading / Motion / Brief
1 (& 1-1 to 1-5)

1:20-cv-10617

Petition for Writ of Habeas Corpus

March 27, 2020

March 27, 2020

Complaint
12 (& 12-1 to 12-10)

1:20-cv-10617

Memorandum in Support of Motion for Temporary Restraining Order

March 27, 2020

March 27, 2020

Pleading / Motion / Brief
13

1:20-cv-10617

Petitioners-Plaintiffs' Motion for Class Certification or Representative Habeas Action

March 27, 2020

March 27, 2020

Pleading / Motion / Brief
26 (& 26-1 to 26-4)

1:20-cv-10617

Opposition to Motion for a Temporary Restraining Order

March 30, 2020

March 30, 2020

Pleading / Motion / Brief
38

1:20-cv-10617

Order

Savino v. Souza

April 2, 2020

April 2, 2020

Order/Opinion
41, 41-1

1:20-cv-10617

Defendants' Supplemental Brief

April 3, 2020

April 3, 2020

Pleading / Motion / Brief
40, 40-1

1:20-cv-10617

Motion to Add Individual to Subclass One

April 3, 2020

April 3, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59691325/savino-v-hodgson/

Last updated Nov. 29, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

Petition For Writ of Habeas Corpus Pursuant To 28 U.S.C. 2241 and For Declaratory and Injunctive Relief Filing fee: $ 400, receipt number 0101-8172787 (Fee Status: Filing Fee paid), filed by JULIO CESAR MEDEIROS NEVES, MARIA ALEJANDRA CELIM SAVINO. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Attachment - Additional Counsel, # 3 Category Sheet, # 4 Exhibit A, # 5 Exhibit B)(Nimni, Oren) (Attachment 1 replaced on 3/27/2020) (Vieira, Leonardo). (Modified on 3/27/2020 to Correct Docket Text as Counsel Filed the 2241 Habeas Under the Wrong Event in CM/ECF) (Paine, Matthew). (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
2

NOTICE of Appearance by Michael J. Wishnie on behalf of JULIO CESAR MEDEIROS NEVES, MARIA ALEJANDRA CELIM SAVINO (Wishnie, Michael) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
3

ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. (Finn, Mary) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
4

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Vieira, Leonardo) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
5

NOTICE of Appearance by Oren M. Sellstrom on behalf of Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves (Sellstrom, Oren) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
6

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (Lara, Miguel) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
7

Judge Patti B. Saris: ORDER entered. STANDING ORDER on 2241 petitions regarding detention and removal of the Petitioner from the District of Massachusetts. (Lara, Miguel) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
8

Judge Patti B. Saris: ELECTRONIC ORDER VACATING re 7 Standing Order on 2241 petitions - Alien Detainee, 6 General Order 19-02. (Lara, Miguel) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
9

Judge Patti B. Saris: ELECTRONIC ORDER entered. Pursuant to L.R. 40.1(g)(1) and (4), I find that this case is not related to 19-cv-11314-PBS or 13-cv-30125-PBS and therefore was erroneously assigned to me. The case is returned to the Clerk for random reassignment. (Lara, Miguel) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
10

ELECTRONIC NOTICE of Case RE-Assignment. Judge William G. Young assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
11

MOTION for Temporary Restraining Order by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves.(Sellstrom, Oren) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
12

MEMORANDUM in Support re 11 MOTION for Temporary Restraining Order filed by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. (Attachments: # 1 Keller Declaration, # 2 Gonsalves Declaration, # 3 Alkalay Declaration, # 4 Menjivar-Rojas Declaration, # 5 Francisco Declaration, # 6 Ortiz Declaration, # 7 Leyva Declaration, # 8 Neves Declaration, # 9 Savino Declaration, # 10 Sellstrom Declaration, # 11 Proposed Order)(Sellstrom, Oren) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
13

MOTION to Certify Class by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves.(Sellstrom, Oren) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
14

MEMORANDUM in Support re 13 MOTION to Certify Class filed by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. (Attachments: # 1 Declaration of Oren Sellstrom, # 2 Declaration of Michael Wishnie)(Sellstrom, Oren) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
15

MOTION for Leave to Appear Pro Hac Vice for admission of Reena Parikh Filing fee: $ 100, receipt number 0101-8174505 by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. (Attachments: # 1 Affidavit of Reena Parikh)(Wishnie, Michael) (Entered: 03/28/2020)

March 28, 2020

March 28, 2020

PACER
16

ELECTRONIC NOTICE Setting Hearing on Motion 11 MOTION for Temporary Restraining Order : Motion Hearing set for 3/30/2020 11:00 AM before Judge William G. Young. This hearing will be held via Zoom. Counsel for the plaintiff shall notify defense counsel of this hearing and inform the clerk via email who counsel for the defendants is so that a zoom meeting invitation can be sent to all participants. (Gaudet, Jennifer) (Entered: 03/28/2020)

March 28, 2020

March 28, 2020

PACER
17

Judge William G. Young: ELECTRONIC ORDER entered. "Respondents shall file a status report by 5:00 p.m. on Sunday, March 29, 2020." (PSSA, 5) (Entered: 03/28/2020)

March 28, 2020

March 28, 2020

PACER
18

MOTION for Leave to Appear Pro Hac Vice for admission of Ivan Espinoza-Madrigal Filing fee: $ 100, receipt number 0101-8174560 by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. (Attachments: # 1 Affidavit Espinoza PHV Aff.)(Nimni, Oren) (Entered: 03/28/2020)

March 28, 2020

March 28, 2020

PACER
19

NOTICE of Appearance by Thomas E. Kanwit on behalf of Matthew T. Albence, Thomas M. Hodgson, Todd Lyons, Steven J. Souza, U.S. Immigration and Customs Enforcement (ICE), Chad F. Wolf (Kanwit, Thomas) (Entered: 03/28/2020)

March 28, 2020

March 28, 2020

PACER
20

Notice of Supplemental Authorities re 11 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A - Castillo v. Barr, # 2 Exhibit B - US v. Kennedy, # 3 Exhibit C - Haldeman Declaration, # 4 Exhibit D - Suarez Declaration)(Wishnie, Michael) (Entered: 03/29/2020)

March 29, 2020

March 29, 2020

PACER
21

Judge William G. Young: ELECTRONIC ORDER entered granting 15 Motion for Leave to Appear Pro Hac Vice; granting 18 Motion for Leave to Appear Pro Hac Vice. Added Reena Parikh and Ivan Espinoza-Madrigal. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) (Entered: 03/29/2020)

March 29, 2020

March 29, 2020

PACER
22

Judge William G. Young: ORDER entered. SERVICE ORDER re 2241 Petition. (PSSA, 5) (Entered: 03/29/2020)

March 29, 2020

March 29, 2020

PACER
23

Judge William G. Young: ELECTRONIC ORDER entered. As counsel for the respondent has appeared in this matter, counsel for the parties shall confer, and jointly report as to the status of this matter by 9:00 a.m., Monday, March 30, 2020. As part of the status report, counsel shall state whether this matter is resolved and if the scheduled hearing on the motion for temporary restraining order is necessary. If a hearing is necessary, the respondent shall file an opposition to the motion for temporary restraining order prior to the scheduled hearing. (PSSA, 5) (Entered: 03/29/2020)

March 29, 2020

March 29, 2020

PACER
24

STATUS REPORT JOINT STATUS REPORT by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves, Steven J. Souza. (Sellstrom, Oren) (Entered: 03/29/2020)

March 29, 2020

March 29, 2020

PACER
25

MOTION for Leave to File Excess Pages by Matthew T. Albence, Thomas M. Hodgson, Todd Lyons, Steven J. Souza, U.S. Immigration and Customs Enforcement (ICE), Chad F. Wolf.(Kanwit, Thomas) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
26

MEMORANDUM in Opposition re 11 MOTION for Temporary Restraining Order filed by Matthew T. Albence, Thomas M. Hodgson, Todd Lyons, Steven J. Souza, U.S. Immigration and Customs Enforcement (ICE), Chad F. Wolf. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Kanwit, Thomas) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
27

Electronic Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 3/30/2020 via Zoom re 11 MOTION for Temporary Restraining Order filed by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. The Court hears arguments of counsel and continues the matter to Thursday, April 2, 2020 at 2 PM. The Court expects full disclosure and cooperation with any informal discovery. Affidavits of doctors to be filed; pictures/plans of facility shall be filed in camera for the Court's review. Motion Hearing continued to 4/2/2020 02:00 PM before Judge William G. Young. This hearing will be held via Zoom. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Nimni and Wishnie for the petitioners; Attorneys Kanwit and Sady for the respondent) (Gaudet, Jennifer) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
28

NOTICE of Appearance by William W. Fick on behalf of Rick Raemisch (Fick, William) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
29

MOTION for Leave to File Declaration as Amicus Curiae by Rick Raemisch. (Attachments: # 1 Proposed Amicus Declaration)(Fick, William) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
30

Opposition re 29 MOTION for Leave to File Declaration as Amicus Curiae filed by Steven J. Souza. (Kanwit, Thomas) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
31

Judge William G. Young: ELECTRONIC ORDER entered granting 29 Motion for Leave to File Declaration as Amicus Curiae by Rick Raemisch. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Gaudet, Jennifer) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
32

Letter from John A. Hawkinson Requesting Expedited Media Access. (Paine, Matthew) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
33

REPLY to Response to 11 MOTION for Temporary Restraining Order filed by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Appendix)(Nimni, Oren) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
34

DECLARATION of Amicus Curiae Corrections Expert by Rick Raemisch. (Fick, William) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
35

NOTICE by Steven J. Souza of Filing of Affidavits (Attachments: # 1 Exhibit Rencricca affidavit, # 2 Exhibit Jezard declaration, # 3 Exhibit CPS Clinical Guidelines)(Kanwit, Thomas) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
36

Electronic Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 4/2/2020 re (11 in 1:20-cv-10617-WGY) MOTION for Temporary Restraining Order filed by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. The Court explains to counsel what will be put on the docket and provisionally certifies five (5) sub-classes. After hearing arguments of counsel, the Court takes the matter under advisement and continues the matter to Friday, April 3, 2020 at 2:30 PM. The Court welcomes any agreements of the parties. An order regarding Group One (1) to issue. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Nimni and Wishnie for the petitioners; Attorneys Kanwit and Sady for the respondent. Attorney McFadden for the petitioners and Ausa Farquhar for the respondent in 20-cv-10644.) Associated Cases: 1:20-cv-10617-WGY, 1:20-cv-10644-WGY(Gaudet, Jennifer) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
37

Set/Reset Deadlines as to (11 in 1:20-cv-10617-WGY) MOTION for Temporary Restraining Order . Motion Hearing set for 4/3/2020 02:30 PM remotely by video/telephone before Judge William G. Young. Associated Cases: 1:20-cv-10617-WGY, 1:20-cv-10644-WGY(Gaudet, Jennifer) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
38

Judge William G. Young: ORDER entered re Group One (1)(Sonnenberg, Elizabeth) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
39

STIPULATION re Protective Order by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves, Steven J. Souza. (Attachments: # 1 Text of Proposed Order Protective Order)(Sellstrom, Oren) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
40

MOTION for Order to add Named Plaintiff Celimen Savino to subclass one by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. (Attachments: # 1 Certificate of Conference Pursuant to L.R. 7.1(a)(2))(Wishnie, Michael) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
41

Supplemental MEMORANDUM in Opposition re 11 MOTION for Temporary Restraining Order filed by Steven J. Souza. (Attachments: # 1 Exhibit Case law)(Kanwit, Thomas) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
42

MOTION to Dismiss for Lack of Jurisdiction Named Plaintiff Celimen Savino Only and Opposition to Motion to Re-Categorize by Steven J. Souza.(Kanwit, Thomas) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
43

Electronic Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 4/3/2020 remotely by video/telephone re (11 in 1:20-cv-10617-WGY) MOTION for Temporary Restraining Order filed by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. The matter as to the six detainees to be released by ICE is moot. The Court explains to counsel his release plans for Group One (1) and requests a list of 50 detainees by 4:00 PM on Saturday, April 4, 2020 - the list shall be in order of consideration, thereafter a list of 10 per day starting on Tuesday, April 7, 2020. The proposed protective order is adopted by the Court. The Court requests to be notified of any new detainees. Order to enter outlining details of the motion hearing. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Sellstrom and Wishnie for the petitioners; Ausa Kanwit for the responsents. Attorney McFadden for the petitioners and Ausa Farquarhur for the respondents) Associated Cases: 1:20-cv-10617-WGY, 1:20-cv-10644-WGY(Gaudet, Jennifer) (Entered: 04/04/2020)

April 3, 2020

April 3, 2020

PACER
44

Judge William G. Young: ORDER entered. (Gaudet, Jennifer) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
45

Judge William G. Young: ORDER entered. PROTECTIVE ORDER.(Gaudet, Jennifer) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
46

Judge William G. Young: ORDER entered. (Gaudet, Jennifer) (Entered: 04/05/2020)

April 5, 2020

April 5, 2020

PACER
47

Opposition re 42 MOTION to Dismiss for Lack of Jurisdiction Named Plaintiff Celimen Savino Only and Opposition to Motion to Re-Categorize filed by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. (Wishnie, Michael) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
48

Transcript of TRO Hearing held on April 3, 2020, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com Redaction Request due 4/27/2020. Redacted Transcript Deadline set for 5/7/2020. Release of Transcript Restriction set for 7/6/2020. Associated Cases: 1:20-cv-10617-WGY, 1:20-cv-10644-WGY(Scalfani, Deborah) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
49

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:20-cv-10617-WGY, 1:20-cv-10644-WGY(Scalfani, Deborah) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
50

MEMORANDUM OF LAW by Thomas M. Hodgson in Opposition re 46 Order. (Attachments: # 1 Exhibit 1)(Kanwit, Thomas) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
51

MOTION for Reconsideration of Release of Detainee by Thomas M. Hodgson.(Kanwit, Thomas) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
52

BRIEF by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves Brf on Individual Applications for Bail. (Sellstrom, Oren) (Additional attachment(s) added on 4/7/2020: # 1 Exhibit 1 and 2, # 2 Exhibit 3 through 5, # 3 Exhibit 6 through 8, # 4 Exhibit 9 and 10) (Gaudet, Jennifer). (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
53

Judge William G. Young: ELECTRONIC ORDER entered denying 42 Motion to Dismiss for Lack of Jurisdiction Named Plaintiff Celimen Savino Only. The motion is denied. Savino's present claims are markedly different from those presented in 20-cv-10259-PBS. (Gaudet, Jennifer) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
54

Judge William G. Young: ELECTRONIC ORDER entered granting 51 Motion for Reconsideration of Release of Detainee. The Order releasing JERVIS VERNON is VACATED. Detainee HUGO CANDELARIO-ECHEGOYEN is admitted to bail on the same terms to be released forthwith. (Gaudet, Jennifer) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
55

Judge William G. Young: ELECTRONIC ORDER entered. In accordance with the Order entered on April 5, 2020, docket entry 46 the following detainees shall be submitted to bail and released forthwith: Montes-Santos, Pascual; Figueroa-Moralis, Julio; Smith, Donovan; James, Andrea; Thomas, Joko; Thomas, Akeim; Sanchez-Lopez, Victor; Paul, Schnaider. Notice has been made that Harlen, Perez has previously been released and therefore is dismissed from the class. The Court inquires whether given the number of cells and the common areas in the detention facility there is some number of detainees who might occupy the facility and yet be adequately spaced? Much like a nursing home or retirement facility. The views of physicians and public health professionals will be gratefully received. We shall discuss this matter at the hearing ordered for Thursday, April 9, 2020 at 2:00 PM. Said hearing shall be held remotely by video/telephone. ( Hearing set for 4/9/2020 02:00 PM remotely before Judge William G. Young by video/telephone.)(Gaudet, Jennifer) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
56

BRIEF by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves Brf on Individual Applications for Bail. (Sellstrom, Oren) (Additional attachment(s) added on 4/8/2020: # 1 Exhibit one and two, # 2 Exhibit 3 through 5, # 3 Exhibit 6 through 8, # 4 Exhibit 9 and 10) (Gaudet, Jennifer). (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
57

Emergency MOTION for Discovery by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves.(Sellstrom, Oren) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
58

BRIEF by Thomas M. Hodgson Regarding April 8 List. (Attachments: # 1 Exhibit 1)(Kanwit, Thomas) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
59

MEMORANDUM OF LAW by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. (Attachments: # 1 Exhibit)(Nimni, Oren) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
60

Judge William G. Young: ELECTRONIC ORDER entered granting in part and denying in part 57 Emergency Motion for Discovery. The motion is allowed as to paragraphs one through five and denied as to paragraph six. (Gaudet, Jennifer) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
61

MOTION for Extension of Time to 4/8/20 4 pm to Complete Discovery and Request for Response to Defendants' Discovery by Thomas M. Hodgson.(Kanwit, Thomas) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
62

NOTICE by Steven J. Souza of Intent to Remove (Kanwit, Thomas) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
63

MOTION for Reconsideration of Release by Thomas M. Hodgson.(Kanwit, Thomas) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
64

Judge William G. Young: MEMORANDUM AND ORDER re 13 MOTION to Certify Class filed by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves.(Gaudet, Jennifer) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
65

BRIEF by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves Brf on Individual Applications for Bail. (Sellstrom, Oren) (Additional attachment(s) added on 4/9/2020: # 1 Exhibit one through three, # 2 Exhibit four and five, # 3 Exhibit six through eight, # 4 Exhibit nine and ten) (Gaudet, Jennifer). (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
66

Opposition re 63 MOTION for Reconsideration of Release filed by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. (Sellstrom, Oren) (Additional attachment(s) added on 4/9/2020: # 1 Exhibit A) (Gaudet, Jennifer). (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
67

MEMORANDUM in Opposition re 11 MOTION for Temporary Restraining Order re: April 9, 2020 List filed by Thomas M. Hodgson. (Attachments: # 1 Exhibit 1)(Kanwit, Thomas) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
68

BRIEF by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves Expert Declarations. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Nimni, Oren) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
69

MEMORANDUM in Opposition re 11 MOTION for Temporary Restraining Order Declaration of Steven Souza filed by Thomas M. Hodgson. (Kanwit, Thomas) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
70

MOTION for Leave to File Law Student Appearances for Kokotailo, Pinkham, Rey, and Yan by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. (Attachments: # 1 Certificate of Conference, # 2 Exhibit 1 - Kokotailo Declaration and Certification, # 3 Exhibit 2 - Pinkham Declaration and Certification, # 4 Exhibit 3 - Rey Declaration and Certification, # 5 Exhibit 4 - Yan Declaration and Certification)(Wishnie, Michael) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
71

MOTION for Leave to File Law Student Appearances for Choi, Crowell, and Mehta by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. (Attachments: # 1 Certificate of Conference, # 2 Exhibit 1 - Choi Declaration and Certification, # 3 Exhibit 2 - Crowell Declaration and Certification, # 4 Exhibit 3- Mehta Declaration and Certification)(Wishnie, Michael) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
72

MEMORANDUM in Support re 71 MOTION for Leave to File Law Student Appearances for Choi, Crowell, and Mehta filed by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. (Wishnie, Michael) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
73

Judge William G. Young: ELECTRONIC ORDER entered. In accordance with the Court's terms and conditions of bail as set forth in paragraph 2 of its April 4, 2020 Order (ECF No. 44), and as modified at today's hearing to permit ICE in its discretion to include electronic monitoring as a condition of bail, the following detainees shall be submitted to bail and released forthwith: Nikiforidis, Georgios; Almanzar, Juan; Peguero-Vasquez, Victor; Kita Tshimanga, Antoni; Vargas, Cesar; Ferreira, Pamlar; Jaramillo-Quiroz, Hector; Al Amiri, Salim; Hussein, Hussien; Mota, Osvaldo; Ramirez-Maldanado, Ranferi;Rojas-Ceballos, Juan; Vasquez-Vasquez, Obed; Gutierrez-Deleon, Carlos; and Gabriel Castillo-Malpica. (Gaudet, Jennifer) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
74

BRIEF by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves Brf on Individual Applications for Bail. (Sellstrom, Oren) (Additional attachment(s) added on 4/10/2020: # 1 Exhibit one through three, # 2 five, six and eight, # 3 Exhibit nine through eleven) (Gaudet, Jennifer). (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
75

BRIEF by Thomas M. Hodgson Defendants' Input for April 10 List. (Attachments: # 1 Exhibit 1)(Kanwit, Thomas) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
76

Judge William G. Young: ELECTRONIC ORDER entered. In Accordance with this Court's terms and conditions of bail as set forth in paragraph 2 of its April 4, 2020 Order (ECF No. 44), and as modified at the hearing held on April 9, 2020 to permit ICE in its discretion to include electronic monitoring as a condition of bail, the following detainees shall be submitted to bail and released forthwith: Corleto, Kevin; Arreaga, Marvin; Beltran-Araujo,Jose; Carangui,Carlos; Del Angel Moran, Gabino; Mahadeo, Kavon; Pesantez-Orellana, Edisson; Medeiros Neves Junio, Julio; Joseph, Desmond Lee; Jaramillo-Perez, Esteban. The following is not admitted to bail: Masimular, Thandokuhle. The matter of bail is taken under advisement as to: Bengu Blocker, Thembelihle; Bonilla Ochoa, Jhony; Sanchez Disla, Army; and Sis Duarte, Carlos. (Gaudet, Jennifer) Modified on 4/10/2020 to add Bengu Blocker, Thembelihle to the under advisement list (Gaudet, Jennifer). (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
77

Judge William G. Young: ORDER entered. (Gaudet, Jennifer) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
78

BRIEF by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves Brf on Individual Applications for Bail. (Sellstrom, Oren) (Additional attachment(s) added on 4/13/2020: # 1 Exhibits one and two, # 2 Exhibits Four and Five, # 3 Exhibit Six and Eight, # 4 Exhibits Nine and Ten) (Gaudet, Jennifer). (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

PACER
79

MEMORANDUM in Opposition re 11 MOTION for Temporary Restraining Order Regarding April 13 List filed by Thomas M. Hodgson. (Attachments: # 1 Exhibit 1)(Kanwit, Thomas) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
80

BRIEF by Thomas M. Hodgson Input re: April 14 List. (Attachments: # 1 Exhibit 1)(Kanwit, Thomas) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
81

BRIEF by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves Brf on Individual Applications for Bail. (Sellstrom, Oren) (Additional attachment(s) added on 4/14/2020: # 1 Exhibits one and two, # 2 Exhibits three through Five, # 3 Exhibits six through eight, # 4 Exhibits Nine and Ten) (Gaudet, Jennifer). (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
82

MOTION to Stay Further Releases by Thomas M. Hodgson.(Kanwit, Thomas) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
83

MEMORANDUM in Support re 82 MOTION to Stay Further Releases filed by Thomas M. Hodgson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Kanwit, Thomas) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
84

BRIEF by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves Brf on Individual Applications for Bail. (Sellstrom, Oren) (Additional attachment(s) added on 4/16/2020: # 1 Exhibits one and two, # 2 Exhibits three and four, # 3 Exhibits six through eight) (Gaudet, Jennifer). (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
85

BRIEF by Thomas M. Hodgson on April 15 List. (Attachments: # 1 Exhibit 1)(Kanwit, Thomas) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
86

Judge William G. Young: ELECTRONIC ORDER entered denying 82 Motion to Stay Further Releases by Thomas M. Hodgson. "We are in the midst of a pandemic unprecedented in our lifetime. Past experience is an uncertain guide to meeting the challenges of today. Thus, while the Court notes the revised ICE regulations concerning detainees, it is simply not presently in a position to issue any blanket stay which would, as a practical matter, go far to determining the merits of this case, ignoring the many other issues raised by the class. Instead, the Court will continue, on an individual basis, to work through the difficult issues of bail in the present crisis. That done, probably by the end of next week, we shall together schedule proceedings promptly to address the merits. Moreover, compelling issues of individual, institutional, and community health preclude the luxury of a stay so counsel can 'consider their appellate options.' The motion is denied. The release of Sandro Vera Campoverde on bond means he drops out of the class. Augustine Ohenhen is denied bail. Neved Bai Maney Lal is to be released forthwith on the same bail terms as heretofore. The remaining bail determinations already considered remain under advisement." (Gaudet, Jennifer) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
87

NOTICE by Steven J. Souza of Intent to Remove (Kanwit, Thomas) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
88

BRIEF by Thomas M. Hodgson . (Attachments: # 1 Exhibit 1)(Kanwit, Thomas) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
89

BRIEF by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves Brf on Individual Applications for Bail. (Sellstrom, Oren) (Additional attachment(s) added on 4/16/2020: # 1 Exhibits one and two, # 2 Exhibits three through Five, # 3 Exhibits six through eight, # 4 Exhibits Nine and Ten) (Gaudet, Jennifer). (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
90

Judge William G. Young: ELECTRONIC ORDER entered. In Accordance with this Court's terms and conditions of bail as set forth in paragraph 2 of its April 4, 2020 Order (ECF No. 44), and as modified at the hearing held on April 9, 2020 to permit ICE in its discretion to include electronic monitoring as a condition of bail, the following detainees shall be submitted to bail and released forthwith:Miranda-Castillo, Luis; Velasquez-Hernandez, Oscar. The release of Santos-Cabrera, Melchor on bond means he drops out of the class. Lima, Jucinei is denied bail. The matter of bail is taken under advisement as to the April 16, 2020 list.(Gaudet, Jennifer) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
91

BRIEF by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves Brief re Current Status of BCHOC. (Attachments: # 1 Affidavit Wafula Decl, # 2 Affidavit Menjivar-Rojas Decl, # 3 Affidavit Concepcion Decl, # 4 Affidavit Supp Keller Decl, # 5 Affidavit Singer Decl, # 6 Affidavit Shin Decl, # 7 Affidavit Second Supp Gartland Decl)(Sellstrom, Oren) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
92

BRIEF by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves Brf on Individual Applications for Bail. (Sellstrom, Oren) (Additional attachment(s) added on 4/20/2020: # 1 Exhibits one and two, # 2 Exhibits three and four, # 3 Exhibit Six and Eight, # 4 Exhibit Nine) (Gaudet, Jennifer). (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
93

MOTION Application for Bail by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves.(Sellstrom, Oren) (Additional attachment(s) added on 4/17/2020: # 1 Exhibit) (Gaudet, Jennifer). (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
94

BRIEF by Thomas M. Hodgson Input List April 17. (Attachments: # 1 Exhibit 1)(Kanwit, Thomas) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
95

Judge William G. Young: ELECTRONIC ORDER entered granting 93 Motion Application for Bail by Maria Alejandra Celimen Savino. Ms. Savino is on the list for next Wednesday, April 22, 2020 to be considered for bail. (Gaudet, Jennifer) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
96

Judge William G. Young: ELECTRONIC ORDER entered. The following detainees are denied bail: Ali, Liban and Tabia, Guillaum. The release of Jijon Mora, Felix and Lux-Quinilla, Carlos on bond means they drop out of the class. (Gaudet, Jennifer) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
97

Judge William G. Young: ORDER entered. (Gaudet, Jennifer) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
98

ELECTRONIC NOTICE of Hearing. Status Conference set for 4/24/2020 10:00 AM in Courtroom 18 before Judge William G. Young. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the sessions courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court s general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Gaudet, Jennifer) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
99

MOTION for Leave to Appear Pro Hac Vice for admission of Muneer Ahmad Filing fee: $ 100, receipt number 0101-8203276 by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves. (Attachments: # 1 Affidavit Affidavit of Muneer Ahmad)(Wishnie, Michael) (Entered: 04/18/2020)

April 18, 2020

April 18, 2020

PACER
100

BRIEF by Maria Alejandra Celimen Savino, Julio Cesar Medeiros Neves Brf on Individual Applications for Bail. (Sellstrom, Oren) (Additional attachment(s) added on 4/20/2020: # 1 Exhibits two and three, # 2 Exhibits four through six, # 3 Exhibits eight through eleven) (Gaudet, Jennifer). (Entered: 04/19/2020)

April 19, 2020

April 19, 2020

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: March 27, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class of all civil immigration detainees at two detention facilities in Massachusetts.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Jerome N. Frank Legal Services Organization (Yale)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Bristol County House of Corrections (Bristol), County

Boston Field Office, Federal

U.S. Department of Homeland Security, Federal

U.S. Immigration and Customs Enforcement, Federal

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

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

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

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Reasonable Accommodations

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

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

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions