Case: Heredia Mons v.McAleenan

1:19-cv-01593 | U.S. District Court for the District of Columbia

Filed Date: May 30, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: A class of asylum seekers detained by the New Orleans ICE Field Office filed an emergency motion for a preliminary injunction, requesting that defendants be compelled to conduct individual parole reviews for every detainee and to consider the risk of COVID-19 to them in determining their eligibility for parole. On April 21, 2020, the court denied the motion for preliminary injunction. On May 30, 2019, asylum seekers detained under the jurisdiction of the New Orleans ICE Field…

COVID-19 Summary: A class of asylum seekers detained by the New Orleans ICE Field Office filed an emergency motion for a preliminary injunction, requesting that defendants be compelled to conduct individual parole reviews for every detainee and to consider the risk of COVID-19 to them in determining their eligibility for parole. On April 21, 2020, the court denied the motion for preliminary injunction.


On May 30, 2019, asylum seekers detained under the jurisdiction of the New Orleans ICE Field Office filed this class action lawsuit under the Administrative Procedure Act and 28 U.S.C.§§ 1361 and 1651 against the Acting Secretary of the Department of Homeland Security (DHS); the Acting Director of ICE; the Acting Executive Associate Director ICE Enforcement and Removal Operations; and the Acting Director of the New Orleans ICE Field Office. Represented by the ACLU of Louisiana and Southern Poverty Law Center, the plaintiffs argued that DHS has ignored a 2009 Parole Directive, denying parole to more than 98% of arriving asylum seekers. The plaintiffs also argued that the New Orleans ICE Field Office conducted sham parole reviews and blanket denials of parole, violating their Due Process rights under the Fifth Amendment. The plaintiffs sought declaratory and injunctive relief preventing the defendants from detaining the plaintiffs without individualized parole reviews that determined the risk of flight or danger to the community. The plaintiffs' proposed class was "all arriving asylum seekers who receive positive credible fear determinations; and who are or will be detained by U.S. Immigration and Customs Enforcement; after having been denied parole by the New Orleans ICE Field Office."

On May 30, 2019, the case was related to Damus v. Neilsen. here.

On June 28, 2019, the plaintiffs moved to certify class, proposing that the class be defined as: "(1) all arriving asylum seekers (2) who are found to have a credible fear of persecution or torture and (3) who are or will be detained by U.S. Immigration and Customers Enforcement; (4) after having been denied parole under the authority of the New Orleans ICE Field Office."

On July 18, 2019, plaintiffs moved for a preliminary injunction to enjoin defendants from continuing to detain asylum seekers without individualized consideration of flight risk or danger to the community.

On August 5, 2019, the defendants filed a motion to dismiss, arguing that some of the plaintiffs were no longer in ICE custody, others had had their parole requests adjudicated, and additional plaintiffs were no longer eligible for parole.

On September 5, 2019, Judge James E. Boasberg issued an order granting the plaintiffs' motion for a preliminary injunction, granting the plaintiffs' motion for class certification, and granting in part and denying in part the defendants' motion to dismiss. In granting the preliminary injunction, Judge Boasberg found that the New Orleans ICE Field Office had ceased to follow the 2009 Directive. Class certification was granted because the proposed class met the requirements under the Federal Rules of Civil Procedure. The defendants' motion to dismiss was only granted in regards to plaintiffs' due process claim. 2019 WL 4225322.

On November 1, 2019, the defendants filed a notice of appeal to the D.C. Circuit Court. On November 18, 2019, the appeal was docketed as 19-5306.

On January 9, 2020, Judge Boasberg issued an order directing the defendants to distribute copies of the class notice to all provisional class members.

On March 31, 2020, in light of the COVID-19 pandemic, the plaintiffs filed an emergency motion for a preliminary injunction. The plaintiffs sought to compel the defendants to conduct immediate case by case parole assessments for all class members to address the COVID-19 pandemic. The plaintiffs also requested that defendants be required to consider the risk of COVID-19 to individuals when conducting their individualized assessment.

On April 7, 2020, the defendants filed a memorandum in opposition to the emergency motion for a preliminary injunction. They argued that the motion should be denied because plaintiffs had failed to show that ICE had violated the Parole Directive, had failed to establish irreparable harm if they were not given new parole reviews, and that the plaintiffs' request was not in the public interest.

On April 8, the plaintiffs filed their reply to the defendants' memorandum. The plaintiffs pointed out that the COVID-19 pandemic continued to worsen and that the continuation of blanket parole denials put the health of plaintiffs and detention officials at the risk of irreparable harm.

On April 21, 2020, Judge Boasberg denied the plaintiffs' emergency motion for a preliminary injunction, asserting that the court had already enjoined the defendants to follow their parole direct, and thus it was unnecessary to do so again. The court left open the possibility that plaintiffs could file a motion for contempt asserting that defendants had not complied with the court's original injunction.

The plaintiffs did just that and filed a motion for order to show cause why the defendants should not be held in contempt for violating the 2019 preliminary injunction order, expedited discovery, and the appointment of a special master on May 12. The plaintiffs argued that the defendants continue to disregard the Parole Directive in violation of the preliminary injunction. They claimed that parole grant rates remained below 25% for redetermination applications and below 20% for first-time applicants and in some cases facilities held zero parole redeterminations in March and April. In their response filed on June 16, the defendants argued that in the recent months ICE had granted parole at rates closer to 30% and that there was not clear and convincing evidence that they were not following the preliminary injunction.

Meanwhile, in the D.C. Circuit Court of Appeals, the defendants filed a motion to voluntarily dismiss the appeal on June 16. The D.C. Circuit granted the motion and dismissed the appeal on June 29. 2020 WL 3635095.

Back in the district court, on July 22, 2020, Judge Boasberg granted the plaintiffs’ motion seeking discovery regarding compliance with the preliminary injunction, a finding of contempt, and appointment of a Special Master in part. He found the plaintiffs raised sufficient question of compliance and ordered limited discovery. He denied without prejudice the motion with respect to the finding of contempt and the appointment of a special master, with these requests to be renewed following discovery and a potential hearing on the defendants’ violations. The parties then began engaging in limited discovery with a joint status report on the discovery due October 30, 2020.

As the parties engaged in limited discovery, on August 20, 2020, The Center for Investigative Report filed a motion to intervene to unseal the defendants’ monthly production of parole determinations and any future productions in order to inform the public debate over DHS’s application of parole procedures to asylum seekers. Judge Boasberg granted the motion to intervene on October 10. He ordered for DHS’s future monthly submissions to include a public version of the parole determinations without personally identifiable information and for DHS to file redacted versions of prior reports.

The defendants continued to file monthly status reports throughout 2021; the case remains ongoing.

Summary Authors

Cedar Hobbs (4/7/2020)

Averyn Lee (9/9/2020)

Emily Kempa (11/8/2020)

Zofia Peach (3/3/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15700683/parties/heredia-mons-v-mcaleenan/


Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorneys(s) for Plaintiff

Ahmed, Nora Sam (Louisiana)

Bauer, Mary C. (Virginia)

Crow, Melissa E. (District of Columbia)

Gonzalez, Michelle P. (Florida)

Hamilton, Bruce Warfield (Louisiana)

Lopez, Luz Virginia (District of Columbia)

Mesa-Estrada, Victoria (Florida)

Rivera, Laura G. (Georgia)

Schwartzmann, Katharine Murphy (Louisiana)

Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorneys(s) for Plaintiff

Ahmed, Nora Sam (Louisiana)

Bauer, Mary C. (Virginia)

Crow, Melissa E. (District of Columbia)

Gonzalez, Michelle P. (Florida)

Hamilton, Bruce Warfield (Louisiana)

Lopez, Luz Virginia (District of Columbia)

Mesa-Estrada, Victoria (Florida)

Rivera, Laura G. (Georgia)

Schwartzmann, Katharine Murphy (Louisiana)

Attorneys(s) for Defendant

Baranetsky, Victoria (California)

Kelly, Chelsea Teresa (District of Columbia)

Liu, Jessie K. (District of Columbia)

Shea, Timothy J (District of Columbia)

Sherwin, Michael R. (District of Columbia)

Simon, Jeremy S (District of Columbia)

Van Horn, Daniel F (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Mons v. McAleenan

Sept. 28, 2021 Docket
2

Complaint

Mons v. McAleenan

May 30, 2019 Complaint
15

Plaintiffs' Motion for Class Certification

Mons v. McAleenan

June 28, 2019 Pleading / Motion / Brief
15 (& 15-1 to 15-9)

Plaintiffs' Motion for Class Certification

June 28, 2019 Pleading / Motion / Brief
22

Plaintiffs' Motion for a Preliminary Injunction

Mons v. McAleenan

July 18, 2019 Pleading / Motion / Brief
22 (& 22-1 to 22-4)

Plaintiffs' Motion for a Preliminary Injunction

July 18, 2019 Pleading / Motion / Brief
33

Order

Mons v. McAleenan

Sept. 5, 2019 Order/Opinion
32

Memorandum Opinion

Mons v. McAleenan

2019 WL 4225322

Sept. 5, 2019 Order/Opinion
37

Defendants' Notice of Appeal

Mons v. McAleenan

Nov. 1, 2019 Pleading / Motion / Brief
40

Stipulated Protective Order

Mons v. McAleenan

Nov. 24, 2019 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15700683/heredia-mons-v-mcaleenan/

Last updated May 12, 2022

ECF Number Description Date Link
1

MOTION to Proceed Under Pseudonym and to File Supporting Exhibits Under Seal by ANGEL ALEJANDRO HEREDIA MONS (Attachments: # 1 Memorandum in Support, # 2 Exhibit UNDER SEAL, # 3 Text of Proposed Order)(Crow, Melissa) (Entered: 05/30/2019)

May 30, 2019 PACER
2

COMPLAINT for Injunctive Relief and Declaratory Relief against All Defendants ( Filing fee $ 400 receipt number 0090-6156105) filed by ANGEL ALEJANDRO HEREDIA MONS. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons George Lund, III, # 4 Summons Kevin McAleenan, # 5 Summons Matthew Albence, # 6 Summons Nathalie R. Asher)(Crow, Melissa) (Entered: 05/30/2019)

May 30, 2019 RECAP
3

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:18-cv-00578-JEB. (Crow, Melissa) (Main Document 3 replaced on 6/11/2019) (znmw). (Entered: 05/30/2019)

May 30, 2019 PACER
4

REQUEST FOR SUMMONS TO ISSUE re 2 Complaint, filed by ANGEL ALEJANDRO HEREDIA MONS. Related document: 2 Complaint, filed by ANGEL ALEJANDRO HEREDIA MONS. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Crow, Melissa) (Entered: 05/31/2019)

May 31, 2019 PACER
5

SEALED ORDER Granting 1 *SEALED* MOTION to Proceed Under Pseudonym and to File Supporting Exhibits Under Seal by ANGEL ALEJANDRO HEREDIA MONS (This document is SEALED and only available to authorized persons.)Signed by Judge James E. Boasberg on 6/5/19.(znbn) (Entered: 06/05/2019)

June 5, 2019 PACER

Case Assigned to Judge James E. Boasberg. (zsb)

June 6, 2019 PACER

Case Assigned/Reassigned

June 6, 2019 PACER
6

SUMMONS (4) Issued Electronically as to MATTHEW T. ALBENCE, NATHALIE ASHER, GEORGE LUND, III, KEVIN K. MCALEENAN. (Attachment: # 1 Notice and Consent)(zsb) (Entered: 06/07/2019)

June 7, 2019 PACER

Case Assigned/Reassigned

June 7, 2019 PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bruce Hamilton, :Firm- American Civil Liberties Union Foundation of Louisiana, :Address- 1340 Poydras Street, Suite 2160, New Orleans, Louisiana, 70112. Phone No. - (504) 522-0628 ext. 122. Filing fee $ 100, receipt number 0090-6213883. Fee Status: Fee Paid. by ANGEL ALEJANDRO HEREDIA MONS (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Crow, Melissa) (Entered: 06/25/2019)

June 25, 2019 PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katie Schwartzmann, :Firm- American Civil Liberties Union Foundation of Louisiana, :Address- 1340 Poydras Street, Suite 2160, New Orleans, Louisiana, 70112. Phone No. - (504) 522-0628 ext. 125. Filing fee $ 100, receipt number 0090-6213886. Fee Status: Fee Paid. by ANGEL ALEJANDRO HEREDIA MONS (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Crow, Melissa) (Entered: 06/25/2019)

June 25, 2019 PACER
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Laura Rivera, :Firm- Southern Poverty Law Center, :Address- 150 East Ponce De Leon Avenue, Suite 340, Decatur, GA 30030. Phone No. - (404) 521-6700. Filing fee $ 100, receipt number 0090-6213890. Fee Status: Fee Paid. by ANGEL ALEJANDRO HEREDIA MONS (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Crow, Melissa) (Entered: 06/25/2019)

June 25, 2019 PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Luz Virginia Lopez, :Firm- Southern Poverty Law Center, :Address- 1101 17th Street, Suite 750, Washington, DC 20036. Phone No. - (202) 355-4471. Filing fee $ 100, receipt number 0090-6213892. Fee Status: Fee Paid. by ANGEL ALEJANDRO HEREDIA MONS (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Crow, Melissa) (Entered: 06/25/2019)

June 25, 2019 PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mary Bauer, :Firm- Southern Poverty Law Center, :Address- 1000 Preston Avenue, Suite A, Charlottesville, VA 29903. Phone No. - (404) 521-6700. Filing fee $ 100, receipt number 0090-6213897. Fee Status: Fee Paid. by ANGEL ALEJANDRO HEREDIA MONS (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Crow, Melissa) (Entered: 06/25/2019)

June 25, 2019 PACER
12

REQUEST FOR SUMMONS TO ISSUE re 2 Complaint, filed by ANGEL ALEJANDRO HEREDIA MONS. Related document: 2 Complaint, filed by ANGEL ALEJANDRO HEREDIA MONS. (Attachments: # 1 Summons)(Crow, Melissa) (Entered: 06/25/2019)

June 25, 2019 PACER
13

ENTERED IN ERROR.....SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General. (tth); Modified on 6/27/2019 (ztth). (Entered: 06/27/2019)

June 25, 2019 PACER

MINUTE ORDER: The Court ORDERS that Plaintiffs' 7 Motion for Admission Pro Hac Vice of BRUCE WARFIELD HAMILTON is GRANTED. So ORDERED by Judge James E. Boasberg on 6/26/2019. (lcjeb3)

June 26, 2019 PACER

MINUTE ORDER: The Court ORDERS that Plaintiffs' 8 Motion for Admission Pro Hac Vice of KATHARINE MURPHY SCHWARTZMANN is GRANTED. So ORDERED by Judge James E. Boasberg on 6/26/2019. (lcjeb3)

June 26, 2019 PACER

MINUTE ORDER: The Court ORDERS that Plaintiffs' 9 Motion for Admission Pro Hac Vice of LAURA RIVERA is GRANTED. So ORDERED by Judge James E. Boasberg on 6/26/2019. (lcjeb3)

June 26, 2019 PACER

MINUTE ORDER: The Court ORDERS that Plaintiffs' 10 Motion for Admission Pro Hac Vice of LUZ VIRGINIA LOPEZ is GRANTED. So ORDERED by Judge James E. Boasberg on 6/26/2019. (lcjeb3)

June 26, 2019 PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 26, 2019 PACER

MINUTE ORDER: The Court ORDERS that Plaintiffs' 11 Motion for Admission Pro Hac Vice of MARY BAUER is GRANTED. So ORDERED by Judge James E. Boasberg on 6/26/2019. (lcjeb3)

June 26, 2019 PACER

Notice of Corrected Docket Entry

June 27, 2019 PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 13 Summons Issued Electronically as to AUSA was entered in error. Said pleading will be refiled with the correct issuance date on the Summons. (ztth)

June 27, 2019 PACER
14

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General. (tth) (Entered: 06/27/2019)

June 27, 2019 PACER
15

MOTION to Certify Class by ANGEL ALEJANDRO HEREDIA MONS (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit Email from ICE to AILA, # 4 Exhibit Declaration of Allyson Page, # 5 Exhibit Declaration of Joseph Giardina, # 6 Exhibit Declaration of Olga Badilla, # 7 Exhibit Declaration of Helen Boyer, # 8 Exhibit Declaration of Mary Bauer, # 9 Exhibit Declaration of Katie Schwartzmann)(Crow, Melissa) (Entered: 06/28/2019)

June 28, 2019 PACER
16

REDACTED DOCUMENT- Motion for Class Certification (w. Redacted Exhibits) to 15 MOTION to Certify Class by ANGEL ALEJANDRO HEREDIA MONS. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Declaration, # 3 Exhibit Declaration, # 4 Exhibit Declaration, # 5 Exhibit Declaration, # 6 Exhibit Declaration, # 7 Exhibit Declaration, # 8 Exhibit Declaration, # 9 Exhibit Declaration, # 10 Exhibit Declaration, # 11 Exhibit Declaration)(Crow, Melissa) (Entered: 06/28/2019)

June 28, 2019 RECAP
17

SEALED MOTION filed by ANGEL ALEJANDRO HEREDIA MONS (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Declaration, # 8 Declaration, # 9 Declaration, # 10 Declaration, # 11 Declaration, # 12 Declaration, # 13 Declaration, # 14 Exhibit, # 15 Declaration, # 16 Declaration, # 17 Declaration, # 18 Declaration, # 19 Declaration, # 20 Declaration)(Crow, Melissa) (Entered: 06/28/2019)

June 28, 2019 PACER
18

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/03/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/3/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 9/1/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MATTHEW T. ALBENCE served on 7/2/2019; NATHALIE ASHER served on 7/2/2019; GEORGE LUND, III served on 7/2/2019; KEVIN K. MCALEENAN served on 7/2/2019 (Attachments: # 1 Summons US Attorney's Office, # 2 Summons George H. Lund, III, # 3 Summons Kevin McAleenan, # 4 Summons Matthew T. Albence, # 5 Summons Nathalie R. Asher)(Crow, Melissa) (Entered: 07/08/2019)

July 8, 2019 PACER
19

NOTICE of Appearance by Jeremy S. Simon on behalf of All Defendants (Simon, Jeremy) (Entered: 07/11/2019)

July 11, 2019 PACER
20

NOTICE Regarding Service of Motion for Class Certification by MATTHEW T. ALBENCE, NATHALIE ASHER, KEVIN K. MCALEENAN (Simon, Jeremy) (Entered: 07/11/2019)

July 11, 2019 PACER
21

Consent MOTION for Extension of Time to File Response to Motion for Class Certification by MATTHEW T. ALBENCE, NATHALIE ASHER, GEORGE LUND, III, KEVIN K. MCALEENAN (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/17/2019)

July 17, 2019 PACER

Order on Motion for Extension of Time to

July 18, 2019 PACER

MINUTE ORDER: The Court ORDERS that Defendants' 21 Motion for Extension of Time to File is GRANTED, and that they shall file their response to the Motion for Class Certification by the deadline under the local civil rules to respond to Plaintiffs' anticipated motion for preliminary injunction. So ORDERED by Judge James E. Boasberg on 7/18/2019. (lcjeb3)

July 18, 2019 PACER
22

MOTION for Preliminary Injunction by ANGEL ALEJANDRO HEREDIA MONS (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit Declaration of Sophie Beiers, # 4 Exhibit Declaration of Julie Hartle)(Crow, Melissa) (Entered: 07/18/2019)

July 18, 2019 PACER
23

SEALED DOCUMENT filed by ANGEL ALEJANDRO HEREDIA MONS re 22 MOTION for Preliminary Injunction (This document is SEALED and only available to authorized persons.)(Crow, Melissa) (Entered: 07/18/2019)

July 18, 2019 PACER

.Order

July 19, 2019 PACER

MINUTE ORDER: The Court ORDERS that a conference call in Chambers is hereby set for Monday, July 22, 2019, at 2:30 p.m. to discuss the briefing schedule. The Court ORDERS that the parties shall dial into Chambers' toll-free conference-call number, (877) 402-9753, at this time (in Chambers). Chambers will contact the parties via email with the dial-in code. So ORDERED by Judge James E. Boasberg on 7/19/2019. (lcjeb3)

July 19, 2019 PACER

Order

July 19, 2019 PACER

Set/Reset Hearings

July 19, 2019 PACER

Set/Reset Hearings: Telephone Conference set for 7/22/2019 at 02:30 PM in Chambers before Judge James E. Boasberg. (znbn)

July 19, 2019 PACER

.Order

July 22, 2019 PACER

Order

July 22, 2019 PACER

Set/Reset Deadlines/Hearings

July 22, 2019 PACER
24

NOTICE of Supplemental Filing by ANGEL ALEJANDRO HEREDIA MONS re 22 MOTION for Preliminary Injunction (Crow, Melissa) (Entered: 07/22/2019)

July 22, 2019 PACER

MINUTE ORDER: As discussed in today's telephone conference call, the Court ORDERS that: 1) Defendants' Oppositions to Plaintiffs' Motion for Preliminary Injunction and Plaintiffs' Motion for Class Certification shall be due by August 5, 2019, with Plaintiffs' Replies due by August 15, 2019; and 2) The parties shall appear for a hearing on the PI Motion on August 29, 2019, at 11:00 a.m. So ORDERED by Judge James E. Boasberg on 7/22/2019. (lcjeb3)

July 22, 2019 PACER
25

SEALED DOCUMENT filed by ANGEL ALEJANDRO HEREDIA MONS re 22 MOTION for Preliminary Injunction, 24 Notice (Other) (This document is SEALED and only available to authorized persons.)(Crow, Melissa) (Entered: 07/22/2019)

July 22, 2019 PACER

Set/Reset Deadlines/Hearings: Motion for Class Certification due by 8/5/2019. Opposition to Plaintiffs' Motion for Preliminary Injunction due by 8/5/2019. Replies due by 8/15/2019. Motion Hearing set for 8/29/2019 at 11:00 AM in Courtroom 25A before Judge James E. Boasberg. (znbn)

July 22, 2019 PACER
26

Memorandum in opposition to re 22 MOTION for Preliminary Injunction, 15 MOTION to Certify Class filed by MATTHEW T. ALBENCE, NATHALIE ASHER, GEORGE LUND, III, KEVIN K. MCALEENAN. (Attachments: # 1 Proposed Order, # 2 Declaration of Scott Sutterfield, # 3 Declaration of Brian Acuna)(Simon, Jeremy) (Entered: 08/05/2019)

Aug. 5, 2019 PACER
27

MOTION to Dismiss and Opposition to Motion for Preliminary Injunction and Class Certification (duplicate of docket entry 26) by MATTHEW T. ALBENCE, NATHALIE ASHER, GEORGE LUND, III, KEVIN K. MCALEENAN (Attachments: # 1 Proposed Order, # 2 Declaration of Scott Sutterfield, # 3 Declaration of Brian Acuna)(Simon, Jeremy) (Entered: 08/05/2019)

Aug. 5, 2019 PACER
28

REPLY to opposition to motion re 27 MOTION to Dismiss and Opposition to Motion for Preliminary Injunction and Class Certification (duplicate of docket entry 26) filed by ANGEL ALEJANDRO HEREDIA MONS. (Attachments: # 1 Exhibit Ernesto Rodriguez Cruz, # 2 Exhibit Email from J. Hartle to L. Rivera)(Crow, Melissa) (Entered: 08/15/2019)

Aug. 15, 2019 PACER
29

Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss by ANGEL ALEJANDRO HEREDIA MONS (Crow, Melissa) (Entered: 08/16/2019)

Aug. 16, 2019 PACER

Order on Motion for Extension of Time to File Response/Reply

Aug. 19, 2019 PACER

MINUTE ORDER GRANTING Plaintiffs' 29 Motion for Extension of Time to File. The Court ORDERS that Plaintiffs shall their opposition on or before August 21, 2019. So ORDERED by Judge James E. Boasberg on 8/19/2019. (lcjeb3)

Aug. 19, 2019 PACER

Set/Reset Deadlines

Aug. 19, 2019 PACER

Set/Reset Deadlines: Opposition due by 8/21/2019. (lsj)

Aug. 19, 2019 PACER
30

RESPONSE re 27 MOTION to Dismiss and Opposition to Motion for Preliminary Injunction and Class Certification (duplicate of docket entry 26) filed by ANGEL ALEJANDRO HEREDIA MONS. (Attachments: # 1 Declaration of P.S.P.)(Crow, Melissa) (Entered: 08/21/2019)

Aug. 21, 2019 PACER
31

REPLY to opposition to motion re 27 MOTION to Dismiss and Opposition to Motion for Preliminary Injunction and Class Certification (duplicate of docket entry 26) filed by MATTHEW T. ALBENCE, NATHALIE ASHER, GEORGE LUND, III, KEVIN K. MCALEENAN. (Simon, Jeremy) (Entered: 08/28/2019)

Aug. 28, 2019 RECAP

Motion Hearing

Aug. 29, 2019 PACER

Minute Entry for proceedings held before Judge James E. Boasberg: Motion Hearing held on 8/29/2019 re 22 MOTION for Preliminary Injunction filed by ANGEL ALEJANDRO HEREDIA MONS. Oral arguments heard and motion taken under advisement. (Court Reporter Lisa Griffith) (nbn)

Aug. 29, 2019 PACER
32

MEMORANDUM OPINION re 22 Motion for Preliminary Injunction, 15 Motion for Class Certification, and 27 Motion to Dismiss. Signed by Judge James E. Boasberg on 9/5/2019. (lcjeb1) Modified to correct date on 9/5/2019 (znbn). (Entered: 09/05/2019)

Sept. 5, 2019 RECAP
33

ORDER GRANTING 22 Motion for Preliminary Injunction; GRANTING 15 Motion for Class Certification on provisional basis for the purposes of preliminary injunction; and GRANTING IN PART and DENYING IN PART 27 Motion to Dismiss. Signed by Judge James E. Boasberg on 09/5/2019. (lcjeb1) (Entered: 09/05/2019)

Sept. 5, 2019 RECAP

MINUTE ORDER: At the request of counsel, the Court ORDERS that Attorney Bruce Hamilton may appear by telephone for the status hearing set for September 18, 2019 at 10:30 a.m. in Courtroom 25. The Court will call Mr. Hamilton shortly before the status hearing begins. So ORDERED by Judge James E. Boasberg on 09/12/2019. (lcjeb1)

Sept. 12, 2019 PACER

.Order

Sept. 12, 2019 PACER

Order

Sept. 12, 2019 PACER

Set/Reset Hearings

Sept. 12, 2019 PACER

Set/Reset Hearings: Status Conference set for 9/18/2019 at 10:30 AM in Courtroom 25A before Judge James E. Boasberg. (lsj)

Sept. 12, 2019 PACER

.Order

Sept. 18, 2019 PACER

Status Conference

Sept. 18, 2019 PACER

Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 9/18/2019. Order forthcoming. (Court Reporter Lisa Griffith) (znbn)

Sept. 18, 2019 PACER

Order

Sept. 18, 2019 PACER

MINUTE ORDER: As discussed at today's status conference, the Court ORDERS that: 1) The parties shall file a Joint Status Report by September 25, 2019, concerning the proposed class notice and its dissemination; and 2) The parties shall file a further Joint Status Report by October 2, 2019, concerning proposed future reports akin to those in Damus. So ORDERED by Judge James E. Boasberg on 9/18/2019. (lcjeb3)

Sept. 18, 2019 PACER

Set/Reset Deadlines

Sept. 18, 2019 PACER

Set/Reset Deadlines: Joint Status Report due by 9/25/2019. Joint Status Report due by 10/2/2019. (znbn)

Sept. 18, 2019 PACER
34

Joint STATUS REPORT of the Parties by MATTHEW T. ALBENCE, NATHALIE ASHER, GEORGE LUND, III, KEVIN K. MCALEENAN. (Attachments: # 1 Proposed Notice)(Simon, Jeremy) (Entered: 09/25/2019)

Sept. 25, 2019 PACER

.Order

Sept. 26, 2019 PACER

Order

Sept. 26, 2019 PACER

MINUTE ORDER: The Court ORDERS that the parties shall appear for a status hearing on October 7, 2019, at 11:00 a.m. to resolve any outstanding disputes related to the Court's Minute Order of September 18, 2019. So ORDERED by Judge James E. Boasberg on 9/26/2019. (lcjeb3)

Sept. 26, 2019 PACER

Set/Reset Hearings

Sept. 26, 2019 PACER

Set/Reset Hearings: Status Conference set for 10/7/2019 at 11:00 AM in Courtroom 25A before Judge James E. Boasberg. (lsj)

Sept. 26, 2019 PACER
35

Joint STATUS REPORT of the Parties by MATTHEW T. ALBENCE, NATHALIE ASHER, GEORGE LUND, III, KEVIN K. MCALEENAN. (Attachments: # 1 Exhibit A)(Simon, Jeremy) (Entered: 10/02/2019)

Oct. 2, 2019 RECAP

.Order

Oct. 4, 2019 PACER

Order

Oct. 4, 2019 PACER

MINUTE ORDER: At the request of counsel, the Court ORDERS that Attorney Bruce Hamilton may appear by telephone for the status hearing set for October 7, 2019 at 11 a.m. in Courtroom 25. The Court will call Mr. Hamilton shortly before the status hearing begins. So ORDERED by Judge James E. Boasberg on 10/3/2019. (lcjeb1)

Oct. 4, 2019 PACER

~Util - Set/Reset Hearings

Oct. 7, 2019 PACER

Status Conference

Oct. 7, 2019 PACER

.Order

Oct. 7, 2019 PACER

Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 10/7/2019. Order forthcoming. Status Conference set for 1/7/2020 at 10:30 AM in Courtroom 25A before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (nbn)

Oct. 7, 2019 PACER

Order

Oct. 7, 2019 PACER

MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that: 1) Defendants shall post the agreed-upon Notice, which will include an address, email, and hot-line phone number for Plaintiffs' counsel, on October 14, 2019; 2) Defendants shall distribute the Notice to class members (or, if they choose, all detainees) between October 14-28, 2019; 3) Defendants shall file their Answer to the Complaint by October 21, 2019; 4) The Reports shall issue in the manner proposed by Defendants in the 35 Status Report; and 5) The parties shall appear for a status conference on January 7, 2020, at 10:30 a.m. So ORDERED by Judge James E. Boasberg on 10/7/2019. (lcjeb3)

Oct. 7, 2019 PACER

Set/Reset Deadlines

Oct. 7, 2019 PACER

Set/Reset Deadlines: Answer due by 10/21/2019. (znbn)

Oct. 7, 2019 PACER
36

Unopposed MOTION for Extension of Time to Answer Complaint by MATTHEW T. ALBENCE, NATHALIE ASHER, GEORGE LUND, III, KEVIN K. MCALEENAN (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/21/2019)

Oct. 21, 2019 PACER

Order on Motion for Extension of Time to

Oct. 22, 2019 PACER

MINUTE ORDER GRANTING Defendants' 36 Motion for Extension of Time. The Court ORDERS that Defendants shall answer Plaintiffs' Complaint by November 12, 2019. So ORDERED by Judge James E. Boasberg on 10/22/2019. (lcjeb3)

Oct. 22, 2019 PACER

Set/Reset Deadlines

Oct. 22, 2019 PACER

Set/Reset Deadlines: Answer due by 11/12/2019. (znbn)

Oct. 22, 2019 PACER
37

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 33 Order, 32 Order on Motion for Preliminary Injunction by MATTHEW T. ALBENCE, KEVIN K. MCALEENAN, NATHALIE ASHER, GEORGE LUND, III. Fee Status: No Fee Paid. Parties have been notified. (Simon, Jeremy) (Entered: 11/01/2019)

Nov. 1, 2019 RECAP
38

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 37 Notice of Appeal to DC Circuit Court. (ztth) (Entered: 11/04/2019)

Nov. 4, 2019 PACER

USCA Case Number 19-5306 for 37 Notice of Appeal to DC Circuit Court, filed by MATTHEW T. ALBENCE, KEVIN K. MCALEENAN, GEORGE LUND, III, NATHALIE ASHER. (zrdj)

Nov. 8, 2019 PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 30, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All arriving asylum seekers who are found to have a credible fear of persecution or torture and who are or will be detained by U.S. Immigration and Customers Enforcement; after having been denied parole under the authority of the New Orleans ICE Field Office.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States, Federal

United States, Federal

United States, Federal

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Mandamus, 28 U.S.C. § 1361

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Classification / placement

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Pattern or Practice

Placement in detention facilities

Discrimination-basis:

Immigration status

National origin discrimination

COVID-19:

Mitigation Denied

Mitigation Granted

Mitigation Requested

Type of Facility:

Government-run

Immigration/Border:

Asylum - procedure

Constitutional rights

Detention - criteria

Detention - procedures

National Origin/Ethnicity:

Hispanic