Case: Castillo v. Barr

5:20-cv-00605 | U.S. District Court for the Central District of California

Filed Date: March 26, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: Two immigrants detained pending removal proceedings obtained a temporary restraining order that required their immediate release to protect them from the risk of infection. On March 26, 2020, two detained immigrants filed this lawsuit in the U.S. District Court for the Central District of California. Represented by Public Counsel, the plaintiffs sued the U.S. Department of Homeland Security and Immigration and Customs Enforcement. They alleged that their detention during the …

COVID-19 Summary: Two immigrants detained pending removal proceedings obtained a temporary restraining order that required their immediate release to protect them from the risk of infection.


On March 26, 2020, two detained immigrants filed this lawsuit in the U.S. District Court for the Central District of California. Represented by Public Counsel, the plaintiffs sued the U.S. Department of Homeland Security and Immigration and Customs Enforcement. They alleged that their detention during the COVID-19 pandemic violated their Fifth Amendment right to safe conditions of confinement. Specifically, they alleged that detention during the COVID-19 outbreak (1) constituted a state-created danger; (2) violated the government’s Fifth Amendment duty to care for those in its custody; and (3) functioned as punitive detention. The plaintiffs sought declaratory and injunctive relief and a writ of habeas corpus.

The Department of Homeland Security originally detained the plaintiffs in early March pending removal proceedings. They were held in Adelanto, a for-profit detention facility run by Geo Group, Inc. with a history of health and safety violations. Around the same time, COVID-19 was spreading throughout the world. California declared a state of emergency on March 4, 2020, and the United States declared a national emergency on March 13. Coronavirus spreads easily between people in close contact, posing risks to detainees.

To reduce the risk of COVID-19 infection, the plaintiffs immediately moved for a temporary restraining order providing for their release. Judge Terry J. Hatter, Jr. granted the motion on March 27, the day after the suit was filed. Judge Hatter declared that “[t]he law is clear—the Government cannot put a civil detainee into a dangerous situation.” As a result, a detainee’s Fifth Amendment rights are violated if “a condition of his confinement places him at substantial risk of suffering serious harm, such as the harm caused by a pandemic.” He also rejected the defendants’ arguments that the plaintiffs must first exhaust their administrative remedies and lacked standing. As part of the March 27 order, Judge Hatter directed the defendants to show cause why a preliminary injunction should not be granted. 2020 WL 1502864.

On April 6, the plaintiffs filed an amended petition adding another individual plaintiff. On the same day, Judge Hatter ordered the amended petition to be stricken and declared that relief for additional petitioners would only be available in separate proceedings absent class certification.

Judge Hatter extended the temporary restraining order by 14 days on April 10 to allow more time for the court to consider whether to issue a preliminary injunction. On April 13, the court severed one of the two individual plaintiffs' claims so they could be resolved in a new case.

This case was stayed on April 24, 2020 due to developments in Roman v. Wolf, another COVID-19 case seeking the release of immigrants in detention. The Roman plaintiffs had obtained provisional class certification and a preliminary injunction, and the plaintiffs in this case fell within the Roman class and the scope of its preliminary injunction. As a result, Judge Hatter stayed this case pending Roman's conclusion.

The court released a scheduling order on June 1, 2020. The court found that the petitioners were entitled to an evidentiary hearing on their habeas corpus petition and decided to combine the evidentiary hearing with a court trial regarding the petitioners' claims for injunctive and declaratory relief. The hearing and trial were scheduled for October 6, 2020 but this date was subject to change due to the pandemic. The court found that it had the authority to entertain a class-wide motion for bail and, if granted, would then individually consider each member for bail.

As of February 26, 2021, the case is ongoing.

Summary Authors

Timothy Leake (4/3/2020)

Nicholas Gillan (2/26/2021)

Related Cases

Roman v. Wolf, Central District of California (2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17012942/parties/pedro-bravo-castillo-v-william-barr/


Judge(s)

Hatter, Terry J. Jr. (California)

MacKinnon, Alexander F. (California)

Attorneys(s) for Plaintiff

Cowit, Dylan (New York)

Friley, Jesselyn (California)

Hercules-Paez, Elizabeth (California)

Inlender, Talia R. (California)

London, Judith Maura (California)

Magun, Kyla (New York)

Matz, Joshua Adam (New York)

Rosenbaum, Mark Dale (California)

Judge(s)

Hatter, Terry J. Jr. (California)

MacKinnon, Alexander F. (California)

Attorneys(s) for Plaintiff

Cowit, Dylan (New York)

Friley, Jesselyn (California)

Hercules-Paez, Elizabeth (California)

Inlender, Talia R. (California)

London, Judith Maura (California)

Magun, Kyla (New York)

Matz, Joshua Adam (New York)

Rosenbaum, Mark Dale (California)

Savage, Amanda Roman (California)

Skocpol, Michael (New York)

Attorneys(s) for Defendant

Kaloustian, Mariam (California)

Documents in the Clearinghouse

Document

5:20-cv-00605

Docket [PACER]

Jan. 15, 2021

Jan. 15, 2021

Docket
2

5:20-cv-00605

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

March 26, 2020

March 26, 2020

Pleading / Motion / Brief
1

5:20-cv-00605

Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief

March 26, 2020

March 26, 2020

Complaint
32

5:20-cv-00605

Temporary Restraining Order and Order to Show Cause

449 F.Supp.3d 915, 2020 WL 1502864

March 27, 2020

March 27, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17012942/pedro-bravo-castillo-v-william-barr/

Last updated July 22, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-25862574 for $5 filing fee, filed by Plaintiff Luis Vasquez Rueda, Pedro Bravo Castillo. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration) (Attorney Mark D Rosenbaum added to party Pedro Bravo Castillo(pty:pla), Attorney Mark D Rosenbaum added to party Luis Vasquez Rueda(pty:pla))(Rosenbaum, Mark) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
2

First NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioners filed by Plaintiff Pedro Bravo Castillo, Luis Vasquez Rueda. Motion set for hearing on 3/27/2020 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Proposed Order) (Rosenbaum, Mark) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
3

First NOTICE OF MOTION AND MOTION to Exceed Page Limitation Petitioners' Motion for a Temporary Restraining Order filed by Plaintiff Pedro Bravo Castillo, Luis Vasquez Rueda. Motion set for hearing on 3/27/2020 at 09:30 AM before Judge Jesus G. Bernal. (Attachments: # 1 Proposed Order) (Rosenbaum, Mark) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
4

CIVIL COVER SHEET filed by Plaintiffs Pedro Bravo Castillo, Luis Vasquez Rueda. (Rosenbaum, Mark) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
5

Notice of Interested Parties (Rosenbaum, Mark) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
6

NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Dale S. Fischer and referred to Magistrate Judge Alexander F. MacKinnon, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (car) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
7

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Joshua A. Matz for Petitioners. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) Modified on 3/26/2020 (car). (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
8

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kyla Magun for Petitioners. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
9

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael Skocpol for Petitioners. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
10

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Dylan Cowit for Petitioners. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
11

ORDER TRANSFERRING CIVIL ACTION pursuant General Order 19-03. ORDER case transferred from Judge Dale S. Fischer to the calendar of Judge Terry J. Hatter, Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:20-cv-00605 TJH(AFM). Signed by Judge Dale S. Fischer and Judge Terry J. Hatter, Jr. (rn) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
12

NOTICE OF ERRATA filed by Petitioners Pedro Bravo Castillo, Luis Vasquez Rueda. correcting First NOTICE OF MOTION AND MOTION to Exceed Page Limitation Petitioners' Motion for a Temporary Restraining Order 3 (Rosenbaum, Mark) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
13

NOTICE OF LODGING filed Proposed Order re First NOTICE OF MOTION AND MOTION to Exceed Page Limitation Petitioners' Motion for a Temporary Restraining Order 3 (Attachments: # 1 Proposed Order)(Rosenbaum, Mark) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
14

ORDER GRANTING MOTION TO FILE A MEMORANDUM OF POINTS AND AUTHORITIES IN EXCESS OF 25 PAGES 3 by Judge Terry J. Hatter, Jr: IT IS HEREBY ORDERED that Petitioners Motion is GRANTED. Petitioners may file their memorandum of points and authorities in excess of 25 pages. (shb) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
15

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: re: First NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioners, 2 . Counsel are hereby notified that pursuant to the Judge's directive, the Government is hereby ordered to file its opposition to the Temporary Restraining Order by no later than 6:00 a.m. on March 27, 2020. (shb) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

RECAP
16

MINUTE O(IN CHAMBERS) -NEW CASE BEFORE JUDGE HATTER: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judges initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents. Judge Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be reached at (213) 894-5276. Counsel shall not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda_skipper@cacd.uscourts.gov, with appropriate inquiries. Judge Hatters courtroom is located on the 9th Floor, at 350 W. 1st Street, United States Courthouse, Courtroom No. 9B. Additional information about Judge Hatters procedures and schedules can be found on the courts website at www.cacd.uscourts.gov. See order for further details. (shb) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

RECAP
17

Request for Clerk to Issue Summons on First NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioners 2, Petition for Writ of Habeas Corpus, 1 filed by Petitioner Pedro Bravo Castillo, Luis Vasquez Rueda. (Attachments: # 1 Appendix)(Rosenbaum, Mark) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
18

Request for Clerk to Issue Summons on First NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioners 2, Petition for Writ of Habeas Corpus, 1 filed by Petitioner Pedro Bravo Castillo, Luis Vasquez Rueda. (Attachments: # 1 Appendix)(Rosenbaum, Mark) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
19

Request for Clerk to Issue Summons on First NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioners 2, Petition for Writ of Habeas Corpus, 1 filed by Petitioner Pedro Bravo Castillo, Luis Vasquez Rueda. (Attachments: # 1 Appendix)(Rosenbaum, Mark) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
20

Request for Clerk to Issue Summons on First NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioners 2, Petition for Writ of Habeas Corpus, 1 filed by Petitioner Pedro Bravo Castillo, Luis Vasquez Rueda. (Attachments: # 1 Appendix)(Rosenbaum, Mark) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
21

Request for Clerk to Issue Summons on First NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioners 2, Petition for Writ of Habeas Corpus, 1 filed by Petitioner Pedro Bravo Castillo, Luis Vasquez Rueda. (Attachments: # 1 Appendix)(Rosenbaum, Mark) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
22

Request for Clerk to Issue Summons on First NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioners 2, Petition for Writ of Habeas Corpus, 1 filed by Petitioner Pedro Bravo Castillo, Luis Vasquez Rueda. (Attachments: # 1 Appendix)(Rosenbaum, Mark) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
23

Request for Clerk to Issue Summons on First NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioners 2, Petition for Writ of Habeas Corpus, 1 filed by Petitioner Pedro Bravo Castillo, Luis Vasquez Rueda. (Attachments: # 1 Appendix)(Rosenbaum, Mark) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
24

NOTICE of Supplemental Authority in Support of TRO filed by Petitioners Pedro Bravo Castillo, Luis Vasquez Rueda. (Attachments: # 1 Supplemental Authority)(Rosenbaum, Mark) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
25

MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioners 2 Opposition filed by Respondents William Barr, James Janecka, David Marin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad Wolf, Petitioners Pedro Bravo Castillo, Luis Vasquez Rueda. (Attachments: # 1 Declaration Declaration of Captain Jennifer Moon, # 2 Declaration Declaration of Mariam Kaloustian, # 3 Exhibit Exhibits to Kaloustian Declaration)(Attorney Mariam Kaloustian added to party William Barr(pty:res), Attorney Mariam Kaloustian added to party James Janecka(pty:res), Attorney Mariam Kaloustian added to party David Marin(pty:res), Attorney Mariam Kaloustian added to party U.S. Department of Homeland Security(pty:res), Attorney Mariam Kaloustian added to party U.S. Immigration and Customs Enforcement(pty:res), Attorney Mariam Kaloustian added to party Chad Wolf(pty:res))(Kaloustian, Mariam) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
26

EVIDENTIARY OBJECTIONS re First NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioners 2 Evidentiary Objections filed by Respondents Matthew T. Albence, William Barr, James Janecka, David Marin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Petitioners Pedro Bravo Castillo, Luis Vasquez Rueda. (Attachments: # 1 Supplement Evidentiary Objections to Declaration of Katherine McKenzie, # 2 Supplement Evidentiary Objections to Declaration of Pedro Bravo Castillo, # 3 Supplement Evidentiary Objections to Declaration of Dr. Ranit Mishori, # 4 Supplement Evidentiary Objections to Declaration of Debbie Allen)(Attorney Mariam Kaloustian added to party Matthew T. Albence (pty:res))(Kaloustian, Mariam) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
27

NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Miscellaneous Document 5 . The following error(s) was found: Incorrect event was selected in the e-filing of the Notice of Interested Parties. The correct event is located under Civil Events Other Filings Notices and by selecting Certificate/Notice of Interested Parties. In the future please use the correct event. No further action is required unless directed by the Court. (car) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
28

REPLY in Support of First NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioners 2 filed by Petitioners Pedro Bravo Castillo, Luis Vasquez Rueda. (Attachments: # 1 Exhibit A - Supplemental Declaration of Ranit Mishori)(Rosenbaum, Mark) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
29

DECLARATION of David Gomez re MEMORANDUM in Opposition to Motion,,,, 25 filed by Respondents Matthew T. Albence, William Barr, James Janecka, David Marin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Exhibit 1 - 4)(Kaloustian, Mariam) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
30

[REFER TO DKT 31 - STANDING ORDER upon filing of the complaint by Judge Terry J. Hatter, Jr. READ THIS ORDER CAREFULLY. It controls this case and may differ in some respects from the Local Rules. (ys) Modified on 3/27/2020 (shb). (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

RECAP
31

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIESby Judge Terry J. Hatter, Jr: Counsel are hereby notified that the Order issued on March 27, 2020, DKT NO. 30was issued in error and is hereby vacated. (shb) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
32

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr: It is Ordered that the motion for a temporary retraining order be, and hereby is, Granted. It is further Ordered that the Respondents shall, forthwith and without delay, release Petitioners Pedro Bravo Castillo and Luis Vasquez Rueda from custody pending further order of this Court. It is further Ordered the Respondents shall show cause, if they have any, as to why the Court should not issue a preliminary injunction in this case. The Respondents response, if any, to this order to show cause shall be filed by Noon on April 6, 2020. Petitioners reply, if any, to Respondents response shall be filed by Noon on April 9, 2020. The matter will then stand submitted. (shb) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

RECAP
33

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Summons Request, 21, Summons Request, 19, Summons Request, 20, Summons Request, 23, Summons Request, 22 . The following error(s) was/were found: Please be advised that summonses are not issued on habeas cases. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (yl) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
34

[STRICKEN PER ORDER, 39 - First AMENDED PETITION against Respondents Matthew T. Albence, William Barr, James Janecka, David Marin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad Wolf amending Petition for Writ of Habeas Corpus, 1, filed by Petitioner Luis Vasquez Rueda, Pedro Bravo Castillo, Jeffrey Hernandez Arevalo (Attachments: # 1 Declaration Declaration A, # 2 Declaration Declaration B, # 3 Declaration Declaration C, # 4 Declaration Declaration D, # 5 Declaration Declaration E, # 6 Declaration Declaration F, # 7 Declaration Declaration G, # 8 Declaration Declaration H)(Attorney Mark D Rosenbaum added to party Jeffrey Hernandez Arevalo(pty:pet))(Rosenbaum, Mark) Modified on 4/7/2020 (shb). (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
35

[STRICKEN PER ORDER, 39 - NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioners Jeffrey Hernandez Arevalo filed by Petitioner Pedro Bravo Castillo, Jeffrey Hernandez Arevalo, Luis Vasquez Rueda. Motion set for hearing on 4/7/2020 at 09:00 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Proposed Order) (Rosenbaum, Mark) Modified on 4/7/2020 (shb). (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
36

RESPONSE filed by Respondents Matthew T. Albence, William Barr, James Janecka, David Marin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad Wolfto Order on Motion for Temporary Restraining Order,,, 32 (Attachments: # 1 Declaration of Gabriel Valdez)(Kaloustian, Mariam) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
37

[STRICKEN PER ORDER, 39 - MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the respondent's opposition to the Temporary Restraining Order 35 is to be filed by no later than 5pm, Tuesday, April 7, 2020. (shb) Modified on 4/7/2020 (shb). (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
38

NOTICE of Interested Parties filed by Petitioner Pedro Bravo Castillo, Jeffrey Hernandez Arevalo, Luis Vasquez Rueda, identifying Jeffrey Hernandez Arevalo. (Rosenbaum, Mark) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
39

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the amended petition [DKT NO. 34] and the Temporary Restraining Order [DKT NO. 35], are hereby stricken from the record. The minute order filed on April 6, 2020 [DKT NO. 37] is hereby vacated. Petitioner Jeffrey Hernandez Arevalo may file his petition as a new case. Unless an Adelanto habeas case is filed as a class action, each case shall be limited to a single petitioner. The original two petitioners may remain in this case. (shb) (Entered: 04/07/2020)

April 6, 2020

April 6, 2020

PACER
40

REPLY In Support of Preliminary Injunction and Proposed Findings of Fact and Conclusions of Law filed by Petitioners Pedro Bravo Castillo, Luis Vasquez Rueda. (Attachments: # 1 Appendix Proposed Findings & Conclusions)(Rosenbaum, Mark) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
41

REPLY In Support of Preliminary Injunction and Proposed Findings of Fact and Conclusions of Law filed by Petitioners Pedro Bravo Castillo, Luis Vasquez Rueda. (Attachments: # 1 Appendix Proposed Findings & Conclusions, # 2 Exhibit Declaration, # 3 Exhibit Declaration, # 4 Exhibit Declaration)(Rosenbaum, Mark) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
42

REPLY In Support of Preliminary Injunction and Proposed Findings of Fact and Conclusions of Law filed by Petitioners Pedro Bravo Castillo, Luis Vasquez Rueda. (Attachments: # 1 Appendix Proposed Findings & Conclusions, # 2 Exhibit Declaration, # 3 Exhibit Declaration, # 4 Exhibit Declaration, # 5 Exhibit Declaration, # 6 Exhibit Declaration)(Rosenbaum, Mark) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
43

NOTICE Notice of Supplemental Authority In Support Of Preliminary Injunction filed by Petitioner Pedro Bravo Castillo, Luis Vasquez Rueda. (Rosenbaum, Mark) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
44

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Pursuant to Fed. R. Civ. P. 65(b)(2), the TRO will expire on April 10, 2020, the fourteenth day after the date of issuance, unless, for good cause, the Court extends it. The parties have filed their respective briefs in response to the Courts Order to Show Cause: re: Preliminary Injunction. The Court finds that good cause exists under Rule 65(b)(2)to extend the TRO for an additional 14 days. The good cause is that the extension will allow the Court time to consider the significant constitutional issues raised in the parties briefs. The TRO will remain in effect until April 24, 2020. (shb) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

RECAP
45

APPLICATION of Non-Resident Attorney Joshua A. Matz to Appear Pro Hac Vice on behalf of Petitioners Pedro Bravo Castillo, Luis Vasquez Rueda (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26047547) filed by Petitioner Pedro Bravo Castillo, Luis Vasquez Rueda. Application set for hearing on 4/13/2020 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit) (Rosenbaum, Mark) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
46

APPLICATION of Non-Resident Attorney Dylan S. Cowit to Appear Pro Hac Vice on behalf of Petitioners Pedro Bravo Castillo, Luis Vasquez Rueda (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26048123) filed by Petitioner Pedro Bravo Castillo, Luis Vasquez Rueda. Application set for hearing on 4/13/2020 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Rosenbaum, Mark) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
47

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Summons Request, 21, Summons Request, 19, Summons Request, 20, Summons Request, 18, Summons Request, 23, Summons Request, 22, Summons Request, 17 . The following error(s) was/were found: A summons will not be issued. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
48

APPLICATION of Non-Resident Attorney Kyla P.S. Magun to Appear Pro Hac Vice on behalf of Petitioners Pedro Bravo Castillo, Luis Vasquez Rueda (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26048345) filed by Petitioner Pedro Bravo Castillo, Luis Vasquez Rueda. Application set for hearing on 4/13/2020 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit) (Rosenbaum, Mark) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
49

APPLICATION of Non-Resident Attorney Michael Skocpol to Appear Pro Hac Vice on behalf of Petitioners Pedro Bravo Castillo, Luis Vasquez Rueda (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26048653) filed by Petitioner Pedro Bravo Castillo, Luis Vasquez Rueda. Application set for hearing on 4/13/2020 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Rosenbaum, Mark) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
50

MINUTE IN CHAMBERS ORDER AND NOTICE TOATAL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Petitioner Luis Vasquez Rueda, is hereby severed from this case and the Clerk's Office will assign a new civil case number and copy all of the documents from the original case to the new case. The Court further orders that Petitioner Jeffrey Hernandez Arevalo is hereby dismissed from this case as he has a new case assigned to him already [ED CV 20-0712]. (shb) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
51

STAY ORDER by Judge Terry J. Hatter, Jr., that, pursuant to the Preliminary Injunction issued in Roman, Petitioner shall remain released pending a final resolution of Roman or further order of the Court. Further Ordered that pending a final resolution of Roman, this case be, and hereby is, Stayed. (See document for further details). (jp) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

RECAP
52

APPLICATION of Non-Resident Attorney Joshua A. Matz to Appear Pro Hac Vice on behalf of Petitioners Pedro Bravo Castillo, Luis Vasquez Rueda (Pro Hac Vice Fee - $400.00 Previously Paid on 4/10/2020, Receipt No. 26047547) filed by Petitioner Pedro Bravo Castillo, Luis Vasquez Rueda. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Rosenbaum, Mark) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
53

ORDER by Judge Terry J. Hatter, Jr: granting 45 52 Non-Resident Attorney Joshua A Matz APPLICATION to Appear Pro Hac Vice on behalf of Pedro Bravo Castillo and Luis Vasquez Rueda, designating Mark D Rosenbaum as local counsel. (lom) Modified on 5/5/2020 (lom). (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
54

ORDER by Judge Terry J. Hatter, Jr: granting 46 Non-Resident Attorney Dylan S Cowit APPLICATION to Appear Pro Hac Vice on behalf of Pedro Bravo Castillo and Luis Vasquez Rueda, designating Mark D Rosenbaum as local counsel. (lom) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
55

ORDER by Judge Terry J. Hatter, Jr: granting 48 Non-Resident Attorney Kyla P S Magun APPLICATION to Appear Pro Hac Vice on behalf of Pedro Bravo Castillo and Luis Vasquez Rueda, designating Mark D Rosenbaum as local counsel. (lom) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
56

ORDER by Judge Terry J. Hatter, Jr: granting 49 Non-Resident Attorney Michael Skocpol APPLICATION to Appear Pro Hac Vice on behalf of Pedro Bravo Castillo and Luis Vasquez Rueda, designating Mark D Rosenbaum as local counsel. (lom) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
57

SCHEDULING ORDER by Judge Terry J. Hatter, Jr. The Court has considered the evidence and arguments presented in favor of and against Petitioners petition for a writ of habeas corpus. The Court will combine the evidentiary hearing on Petitioners petition for a writ of habeas corpus with a court trial on Petitioners claims for injunctive and declaratory relief. Each side will be allowed 8 hours to present their case. The time limit includes all aspects of the case, including opening statements, direct and cross examinations, arguments on objections, and closing arguments. In lieu of closing arguments, the parties may file closing briefs, of no more than 25 pages, no later than ten days afterthe conclusion of the evidentiary hearing and trial. The following dates are subject to change by the Court in response to the COVID-19 pandemic; at this time, it is unclear as to when the First Street Courthouse will re-open for evidentiary hearings and court trials for civil cases. Discovery cut-off 7/31/2020., Substantive Motion Filing Deadline by 8/10/2020., Motions in Limine Filing Deadline filed by 8/27/2020., Evidentiary Hearing and Court Trial set for 10/6/2020 at 10:00 a.m., Final Pretrial Conference set for 9/14/2020 at 10:00 a.m. While the Ninth Circuit has not yet reached the issue, it is clear to the Court that it has the inherent authority, at least in extraordinary cases, to release detainees on bail during the pendency of their habeas petitions. See order for further details. DOCKETED IN THIS CASE PER PAGE ATTACHMENT. (shb) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

RECAP
58

Notice of Appearance or Withdrawal of Counsel: for attorney Mark D Rosenbaum counsel for Petitioner Pedro Bravo Castillo. Joshua A. Matz is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Pedro Bravo Castillo et al. (Rosenbaum, Mark) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
59

Notice of Appearance or Withdrawal of Counsel (G-123)

June 23, 2021

June 23, 2021

PACER
60

Notice of Appearance or Withdrawal of Counsel (G-123)

June 23, 2021

June 23, 2021

PACER
61

ORDER by Judge Terry J. Hatter, Jr: IT IS ORDERED that the separately Filed Cases, identified on the attached case list, be, and hereby are, DISMISSED as moot. IT IS FURTHER ORDERED that all Roman class members released pursuant to an order issued in a Separately Filed Case and/or Roman, shall remain released subject to the terms and conditions previously ordered by the Court. Case Terminated. Made JS-6. (shb)

July 13, 2021

July 13, 2021

RECAP

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: March 26, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two immigrants detained by the U.S. Department of Homeland Security

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Counsel

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security (Washington), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

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: None Yet / None

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

Totality of conditions

COVID-19:

Mitigation Denied

Mitigation Granted

Mitigation Requested

Release Granted

Release granted-group

Release granted-individual

Release Requested

Type of Facility:

Non-government for profit

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - criteria