Case: Malam v. Adducci

5:20-cv-10829 | U.S. District Court for the Eastern District of Michigan

Filed Date: March 30, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: In this case filed March 30, 2020, by a particularly vulnerable immigration detainee, the Court granted release on April 5, holding that ongoing detention was unlawfully punitive given the grave threat posed by detention during the coronavirus pandemic. Additional detainees intervened, and the Court has granted additional releases and has converted the TROs ordering releases into preliminary injunctions. The Court certified a class, instituted procedures for bail applications …

COVID-19 Summary: In this case filed March 30, 2020, by a particularly vulnerable immigration detainee, the Court granted release on April 5, holding that ongoing detention was unlawfully punitive given the grave threat posed by detention during the coronavirus pandemic. Additional detainees intervened, and the Court has granted additional releases and has converted the TROs ordering releases into preliminary injunctions. The Court certified a class, instituted procedures for bail applications from detainees within the class, and continued to grant temporary releases upon application. The defendants appealed the releases on October 2. Applications for release are ongoing and the appeal is pending.


On March 30, 2020, an individual lawful permanent resident, in removal proceedings in Detroit and detained by U.S. Immigration and Customs Enforcement (ICE) at the Calhoun County jail, filed this emergency habeas petition and complaint in the United States District Court for the Eastern District of Michigan. The plaintiff sued ICE and two of its officers, the acting director of the U.S. Department of Homeland Security (DHS), the Attorney General of the United States, and the director of the Michigan Department of Corrections (MDOC). The plaintiff claimed that her continued detention violated her Fifth Amendment rights by exposing her to substantial risk of illness and death. The plaintiff sought emergency relief via a writ of habeas corpus or an injunction "ordering Defendants to immediately release [Petitioner], with appropriate precautionary public health measures, on the grounds that her continued detention violates the Due Process Clause [of the Fifth and Fourteenth Amendments].” The case was assigned to Judge Judith E. Levy.

The case was prompted by the outbreak of COVID-19 in Michigan; as of April 5, 2020, there were "15,718 confirmed cases of COVID-19 and 617 known related deaths, with 238 confirmed cases within the [MDOC] system specifically." The outbreak resulted in public health measures emphasizing and enforcing social distancing throughout the area. However, the Centers for Disease Control and Prevention (CDC) "noted that many detention conditions create a heightened risk of danger to detainees," as detainees are unable to exercise effective social distancing and good hygiene measures. "Even the most stringent precautionary measures" to slow the spread of COVID-19 in detention facilities are likely to be inadequate; "medical experts at the Department of Homeland Security have warned that detention confinement creates a 'tinderbox scenario' where rapid outbreak is extremely likely, and extremely likely to lead to deadly results as resources dwindle on an exponential level." The spread of COVID-19 (for which there is no vaccine, known treatment, or cure) would be especially dangerous for detainees over the age of 50 or those with certain underlying health conditions such as lung, heart, and kidney disease.

The first plaintiff was 56 years old and asserted that she suffered from several health conditions, including essential primary hypertension and chronic obstructive pulmonary disease, making her particularly vulnerable to serious illness or death in the event that she contracts COVID-19. The plaintiff alleged that because of her underlying health problems and the conditions of confinement making disease prevention difficult, continued detention amounted to punishment and failed to ensure her safety and health, violating her right to due process. The plaintiff asserted that despite the measures taken by the facility to mitigate the risk of a COVID-19 outbreak, "due to her underlying serious health conditions, there is no communal holding facility where she could be incarcerated during the COVID-19 pandemic that would be constitutional."

The plaintiff simultaneously filed an application for a temporary restraining order (TRO) "requesting that the Court order Petitioner’s release during the pendency of her immigration proceedings due to the substantial risk to her health posed by COVID-19 as a result of Petitioner’s continued detention in the enclosed group environment endemic to the Calhoun County Correctional Facility."

On April 5, Judge Levy issued an opinion and order granting the application for TRO in part. Judge Levy ordered the defendants to release the plaintiff immediately, "subject to the following restrictions: Petitioner is subject to fourteen days of home quarantine; Petitioner must comply with all Michigan Executive Orders; and Petitioner must appear at all hearings pertaining to her removal proceedings." Judge Levy enjoined the defendants from arresting the plaintiff for civil immigration detention purposes until the State of Emergency in Michigan is removed and required them to show cause by April 10 as to why the TRO should not be converted into a preliminary injunction. Judge Levy concluded that the plaintiff established the likelihood of irreparable harm; "confinement at the Calhoun County Correctional Facility renders her substantially likely to contract COVID-19, and Petitioner’s severe health conditions render her substantially likely to suffer irreparable harm or death as a result." Moreover, Judge Levy found that the plaintiff was likely to succeed on the merits of her due process claim, stating that the release of the plaintiff was the only reasonable response to the substantial risk to her safety and that continued detention was "both unrelated and contrary to the government purpose of carrying out her removal proceedings." Lastly, Judge Levy concluded that the public interest favored the plaintiff's release because of the risk that her constitutional rights would be deprived absent an injunction and because her release would protect public health. 2020 WL 1672662. (The next day, Judge Levy issued an amended opinion and order adding a term of supervision for the plaintiff's release; "respondents may impose other reasonable nonconfinement terms of supervision.")

On the same day as she granted the first TRO, Judge Levy also granted a motion allowing two individuals to intervene. The intervenors, represented by the ACLU of Michigan and the law firm Paul Weiss, filed an emergency petition for writ of habeas corpus and complaint for injunctive relief, as well as an emergency motion for TRO. Judge Levy issued an order limiting the parties' responses to the intervenors' motion for TRO to whether the reasoning in the Court’s amended order applied to intervenors' motion. In that order, Judge Levy stated that the intervenors' motion raised substantially similar factual and legal issues as the plaintiff's application for TRO.

Following expedited briefing, on April 9, Judge Levy issued an opinion and order granting in part the intervenors' motion for a TRO, requiring that one of the intervenors be immediately released from detention for the duration of the COVID-19 State of Emergency in Michigan or until further Court order. The other intervenor who requested immediate release in the motion for TRO had already been released from ICE detention on an Order of Supervision. The intervenor who was granted immediate release from detention was 55 years old and suffered from hypotension, hernia, and prostrate issue. Judge Levy concluded that, although the intervenor presented a less severe risk than the plaintiff who had been granted immediate release, the intervenor was warranted immediate release "because he is at a sufficiently heightened risk of severe illness or death from COVID-19," applying the same reasoning used in the April 5 order for TRO. Moreover, Judge Levy found that the intervenor's "alleged incomplete access to medical care weighs in favor of granting relief." The defendants were required to show cause, by April 21, as to why the TRO should not be converted into a preliminary injunction. 2020 WL 1809675

On April 10 the defendants filed their response to the Court's order to show cause as to why the April 5 TRO should not be converted to a preliminary injunction. Defendants argued that "the Court erred in finding a high likelihood of irreparable harm because '[plaintiff] has not shown that she has a substantial risk of exposure to COVID-19 at CCDC.'" Moreover, the defendants asserted that the plaintiff did not demonstrate a likelihood of success on the merits because she “has not shown that Respondent is deliberately indifferent in light of the precautions taken at CCDC to reduce exposure

to COVID-19.” Lastly, the defendants contended that the plaintiff "cannot show that her continued detention amounts to impermissible punishment.”

A week later, on April 17, Judge Levy issued an opinion and order converting the April 5 TRO into preliminary injunction, requiring the plaintiff's continued release. In concluding that converting the TRO into a preliminary injunction was "appropriate and necessary," Judge Levy found that plaintiff was "at unreasonable risk of contracting COVID-19 should she remain in the Calhoun County Correctional Facility, regardless of precautions taken," and that she was at "serious risk of severe illness and death should she contract COVID-19." Judge Levy stated that "to order Petitioner’s continued civil detention would be to play Russian roulette with her rights and with her life." 2020 WL 1899570

In their response to the court's order to show cause, the defendants argued that a preliminary injunction was unwarranted with respect to the intervenor because the intervenor had not shown his risk of exposure to COVID-19 sufficiently to state a cognizable constitutional claim and because he had not shown that defendants acted with deliberate indifference. Furthermore, defendants argued that the public interest favors denying injunctive relief because releasing intervenor "would support a finding that it is unconstitutional for ICE to detain any noncitizen during the COVID-19 pandemic."

On April 22, Judge Levy issued an opinion and order converting her second TRO into a preliminary injunction, requiring release to last through the duration of the COVID-19 outbreak. Judge Levy concluded that injunctive relief was appropriate because intervenor had "shown a high likelihood of irreparable injury were he to be returned to the Calhoun County Correctional Facility, both in the form of substantial risk to his health and life from COVID-19 and due to his alleged constitutional violations." Moreover, Judge Levy found that intervenor's "age and mobility limitations place him at a high risk of severe complication and/or death from a COVID-19 infection," thus establishing a high likelihood of success on the merit of his deliberate indifference claim. Last, Judge Levy concluded that granting injunctive relief for this one highly vulnerable individual would not serve as precedent for releasing many non-citizens from immigration detention.

The plaintiffs then submitted yet another motion for a temporary restraining order, which made basically the same complaints as the previous ones. The defendants filed a response to that motion a few days later, and then, on May 12, Judge Levy issued an order partially granting that motion but as a preliminary injunction. She found that some, but not all, of the plaintiffs had demonstrated a risk of severe illness or death, and so granted the motion as to those individuals. She requested supplemental briefs from both sides, then issued another order on May 23. This second order granted release for two more plaintiffs.

On June 5, the plaintiffs submitted another motion for a TRO, which made the same arguments as the previous complaints, but with regard to different inmates. On June 28 the court granted that motion for all but one of the inmates named in that motion. All together, Judge Levy ordered about a dozen releases.

Meanwhile, on June 14, the plaintiffs also submitted a motion to certify the class. The proposed class was defined as "all noncitizens who are detained in Immigration and Customs Enforcement custody at Calhoun." The motion also contained a subclass, defined as "all noncitizens who are detained in ICE custody in the Calhoun County Correctional Center, and who have one or more risk factors placing them at heightened risk of severe illness or death if exposed to COVID-19." On July 31, the court granted class certification. The order certified a class of noncitizens detained in ICE custody at Calhoun and a habeas subclass of noncitizen detainees in ICE custody at Calhoun who have at least one medical problem that places them at greater risk of serious illness or death.

On August 4, Judge Levy issued an order establishing bail hearing procedures for the members of the habeas litigation subclass. The procedures included individualized bail hearings akin to criminal proceedings that consider danger and flight risks beginning on August 12 for members of the subclass, once the court had determined each individual's membership in the subclass. On August 19, Judge Levy issued an order amending the class and habeas litigation group definition to include "noncitizens formerly detained at the Calhoun County Correctional Facility and released as a result of an order issued by the undersigned." This order was issued to cover detainees with functionally identical claims who had individually applied for release and were no longer in custody, but still faced re-detention should their order or injunction expire or be overturned.

The defendants then filed a motion to amend the June 28 order granting the preliminary injunction that resulted in the release of six medically vulnerable detainees on the basis that a recent Sixth Circuit decision constituted an intervening change in controlling law rendering the decision an error in law. On August 25, Judge Levy issued an opinion and order denying the defendants' motion and holding that the decision was not at odds with the initial order and was not binding precedent because it was an unpublished opinion.

Between September 28 and October 22, Judge Levy issued four orders granting bail applications for six detainees, noting that Calhoun County Correctional Facility at that time had twelve positive cases for COVID-19. After receiving notice from Defendants that an additional thirteen detainees and two staff members tested positive for COVID-19 at Calhoun County Correctional Facility, the court held an emergency hearing to hear testimony on the surge in cases and precautionary measures on October 26. On October 27, Judge Levy issued an order requiring the defendants to submit a proposed plan to address the risks to detainees, particularly individuals that have been identified as high-risk detainees. Defendants submitted a response on October 27, highlighting segregated housing, bi-weekly testing, mask mandates in common areas for detainees and staff.

In the subsequent weeks, the plaintiffs alleged that the implementation of the defendants' plan failed to address the escalating crisis in the facility. The number of COVID cases among people incarcerated at the facility and the facility's employees increased. As such, because the class members were still being exposed to deliberate-indifference level of harm in the facility, Judge Levy granted the bail applications of eight class members deemed not to be a flight risk on November 30. 2020 WL 7027435. Judge Levy continued to grant additional bail applications in the following weeks. See, e.g., 2020 WL 7264756.

To get a better sense of the conditions at the facility, Judge Levy also ordered for an in-person inspection to be conducted by the plaintiff's expert. On January 7, 2021, Dr. Homer Venters submitted his report pursuant to this order. His report detailed "fundamental, structural issues" at the Calhoun County Correctional Facility that still persisted despite the defendants' precautions. Specifically, there was a lack of social distancing, a lack of comprehensive testing, and inadequate screening for COVID-19 symptoms. Dr. Venters concluded that the plaintiffs continued to raise substantial claims of law for habeas litigation group members because the risk of infection was too high for individuals with a pre-existing conditions.

Meanwhile, the defendants appealed to the Sixth Circuit multiple orders granting bail. These appeals remain pending while the case is ongoing.

Summary Authors

Aaron Gurley (4/18/2020)

Jack Hibbard (8/3/2020)

Chandler Hart-McGonigle (11/1/2020)

Justin Hill (1/12/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17026196/parties/malam-v-rebecca-adducci/


Judge(s)

Levy, Judith Ellen (Michigan)

Patti, Anthony P. (Michigan)

Attorneys(s) for Plaintiff

Gadsden, Katherin W (New York)

Garbacik, Rosana Santana Moura (Michigan)

O’Loughlin, Robert J (New York)

Attorneys(s) for Defendant

Darling, Bradley (Michigan)

Hirst, Kevin (District of Columbia)

Korobkin, Daniel S. (Michigan)

Newby, Jennifer L. (Michigan)

Schneider, Matthew J (Michigan)

Judge(s)

Levy, Judith Ellen (Michigan)

Patti, Anthony P. (Michigan)

Attorneys(s) for Plaintiff

Gadsden, Katherin W (New York)

Garbacik, Rosana Santana Moura (Michigan)

O’Loughlin, Robert J (New York)

Attorneys(s) for Defendant

Darling, Bradley (Michigan)

Hirst, Kevin (District of Columbia)

Korobkin, Daniel S. (Michigan)

Newby, Jennifer L. (Michigan)

Schneider, Matthew J (Michigan)

Stacer, Andrew D (Michigan)

Other Attorney(s)

Andrade, Monica (Michigan)

Atiya, Shahad (Michigan)

Aukerman, Miriam (Michigan)

Balakrishnan, Anand V. (New York)

Cho, Eunice (District of Columbia)

Cummings, Sheila (Michigan)

Fathi, David Cyrus (District of Columbia)

Fiorill, Rachel M (District of Columbia)

Granzotto, Joe (District of Columbia)

Hobballah, Farah (Michigan)

Jadwat, Omar C. (New York)

Jaffe, Peter (District of Columbia)

Lawyer, Stanton (District of Columbia)

Lewis, Ayesha Elaine (Michigan)

Mendelsohn, Mark (District of Columbia)

Ngo, My Khanh (California)

O'Loughlin, Robert Joseph III (New York)

Palmer, Breanne J (District of Columbia)

Rhee, Jeannie S. (District of Columbia)

Robinson, Edward (New York)

Shik, Oleg (New York)

Silberstein-Loeb, Jonathan M (New York)

Tan, Michael K. T. (New York)

Expert/Monitor/Master

Amaro-Luedtke, Caterina (Michigan)

Colthirst, Jennipher L.M. (Michigan)

De Graaf, Kai W (Michigan)

Gardner, Darren S (District of Columbia)

Garvock, Heather (Michigan)

Golden, Jonathon (Michigan)

Gonsalves, Gregg S. (Connecticut)

Haier, Aaron E (New York)

Hughes, Joseph (Michigan)

Jacobs, James (Michigan)

Kaplovitz, Ronald (Michigan)

Kessler, Richard (Michigan)

Lieb, Whitney E (New York)

Maneval, Sarah (New York)

Mayer, Stockton (Illinois)

McKenzie, Katherine (Connecticut)

Peeler, Katherine Ratzan (Massachusetts)

Salvatera, Joseph (Michigan)

Scissors, Kenneth (Colorado)

Venters, Homer (New York)

Vosk, Arno (Pennsylvania)

Documents in the Clearinghouse

Document

Docket

Jan. 7, 2021 Docket
87, 87-1, 87-2 & 87-4

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

March 30, 2020 Complaint
22

Opinion and Order Granting in Part Petitioner's Emergency Application for a Temporary Restraining Order

452 F.Supp.3d 643, 2020 WL 1672662

April 5, 2020 Order/Opinion
73 & 73-1

[Declarations in Support of ecf 20 Emergency Motion for Temporary Restraining Order]

April 5, 2020 Declaration/Affidavit
74

Plaintiff-Intervenors' Reply Brief in Further Support of their Motion for a Temporary Restraining Order

April 8, 2020 Pleading / Motion / Brief
29

Opinion and Order Granting in Part Plaintiff-Intervenors' Emergency Motion for a Temporary Restraining Order [20]

2020 WL 1809675

April 9, 2020 Order/Opinion
33

Opinion and Order Converting Temporary Restraining Order into Preliminary Injunction

455 F.Supp.3d 384, 2020 WL 1899570

April 17, 2020 Order/Opinion
41

Opinion and Order Converting Temporary Restraining Order into Preliminary Injunction [29]

2020 WL 1934895

April 22, 2020 Order/Opinion
77 & 77-1 to 77-6

[Declarations in Support of ecf 44 Emergency Motion for Temporary Restraining Order]

April 25, 2020 Declaration/Affidavit
76

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

April 26, 2020 Complaint

Resources

Title Description External URL

Malam v. Adducci

ACLU

On April 5, 2020, the ACLU National Prison Project, ACLU Immigrants’ Rights Project, and ACLU of Michigan filed Malam v. Adducci et al in the Eastern District of Michigan on behalf of immigrants deta… April 13, 2020 https://www.aclu.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17026196/malam-v-rebecca-adducci/

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

ECF Number Description Date Link
1

Emergency PETITION for Writ of Habeas Corpus filed by Janet Malam against All Defendants, Receipt No: AMIEDC-7710920 - Fee: $ 5. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit Plaintiff LPR Card, # 3 Exhibit Plaintiff SSD application approval and earnings, # 4 Exhibit Plaintiff Medical Records, # 5 Exhibit Order of Mandatory Detention, # 6 Exhibit Order for Release 9th Cir Ct) (Stacer, Andrew) (Entered: 03/30/2020)

1 Index of Exhibits Index

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6 Exhibit Order for Release 9th Cir Ct

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March 30, 2020 PACER
2

Emergency MOTION for Temporary Restraining Order by Janet Malam. (Stacer, Andrew) (Entered: 03/30/2020)

March 30, 2020 RECAP
3

NOTICE of Appearance by Jennifer L. Newby on behalf of MATTHEW T. ALBENCE, Rebecca Adducci, WILLIAM P BARR, ICE/DHS, Chad F. Wolf. (Newby, Jennifer) (Entered: 03/31/2020)

March 31, 2020 PACER

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

March 31, 2020 PACER
4

NOTICE of Appearance by Rosana Santana Moura Garbacik on behalf of Janet Malam. (Garbacik, Rosana) (Entered: 03/31/2020)

March 31, 2020 PACER

Motion Hearing

March 31, 2020 PACER
5

NOTICE OF HEARING BY TELEPHONE re 2 Emergency MOTION for Temporary Restraining Order . Motion Hearing set for 3/31/2020 04:00 PM before District Judge Judith E. Levy***PLEASE USE THE FOLLOWING CALL-IN INFORMATION: (888) 363-4734; Access code: 2541474*** (WBar) (Entered: 03/31/2020)

March 31, 2020 PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DAll)

March 31, 2020 PACER
6

SUPPLEMENTAL BRIEF re 2 Emergency MOTION for Temporary Restraining Order filed by Janet Malam. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit Dr. Amon, # 3 Exhibit Dr. Golob) (Stacer, Andrew) (Entered: 03/31/2020)

1 Index of Exhibits Index

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3 Exhibit Dr. Golob

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March 31, 2020 PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Hearing held on 3/31/2020 re 2 Emergency MOTION for Temporary Restraining Order. Follow-up Telephonic Hearing set for 4/3/2020 04:00 PM before District Judge Judith E. Levy; Response due by noon on 4/3/2020. (Court Reporter: Christin Russell) (WBar)

March 31, 2020 PACER
7

NOTICE OF HEARING BY TELEPHONE on 2 Emergency MOTION for Temporary Restraining Order . Follow-up Motion Hearing set for 4/3/2020 04:00 PM before District Judge Judith E. Levy; Response due by noon on 4/3/2020 (WBar) (Entered: 04/01/2020)

April 1, 2020 PACER
8

MOTION to Intervene and Brief in Support by Ruby Briselda Escobar, Amer Toma. (Rhee, Jeannie) (Entered: 04/02/2020)

April 2, 2020 RECAP
9

MOTION to Expedite Consideration by Ruby Briselda Escobar, Amer Toma. (Rhee, Jeannie) (Entered: 04/02/2020)

April 2, 2020 PACER
10

ORDER Granting 9 MOTION to Expedite Consideration. TELEPHONE Motion Hearing re 8 MOTION to Intervene set for 4/3/2020 04:45 PM before District Judge Judith E. Levy, Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/03/2020)

April 3, 2020 RECAP
11

RESPONSE to 2 Emergency MOTION for Temporary Restraining Order filed by MATTHEW T. ALBENCE, Rebecca Adducci, WILLIAM P BARR, ICE/DHS, Chad F. Wolf. (Attachments: # 1 Exhibit A - Salavtera Declaration, # 2 Exhibit B - CDC Guidelines, # 3 Exhibit C - Jacobs Declaration, # 4 Exhibit D - CDC Testing) (Newby, Jennifer) (Entered: 04/03/2020)

1 Exhibit A - Salavtera Declaration

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2 Exhibit B - CDC Guidelines

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3 Exhibit C - Jacobs Declaration

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4 Exhibit D - CDC Testing

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April 3, 2020 PACER

Motion Hearing

April 3, 2020 PACER
12

NOTICE of Appearance by Miriam J. Aukerman on behalf of Ruby Briselda Escobar, Amer Toma. (Aukerman, Miriam) (Entered: 04/03/2020)

April 3, 2020 PACER
13

NOTICE of Appearance by Daniel S. Korobkin on behalf of Ruby Briselda Escobar, Amer Toma. (Korobkin, Daniel) (Entered: 04/03/2020)

April 3, 2020 PACER
14

NOTICE of Appearance by Monica Cesilia Andrade on behalf of Ruby Briselda Escobar, Amer Toma. (Andrade, Monica) (Entered: 04/03/2020)

April 3, 2020 PACER
15

RESPONSE to 8 MOTION to Intervene and Brief in Support filed by MATTHEW T. ALBENCE, Rebecca Adducci, WILLIAM P BARR, ICE/DHS, Chad F. Wolf. (Newby, Jennifer) (Entered: 04/03/2020)

April 3, 2020 PACER
16

DECLARATION by Pay Par Gai re 8 MOTION to Intervene and Brief in Support (Supplemental Declaration in Support) filed by Ruby Briselda Escobar, Amer Toma (Rhee, Jeannie) (Entered: 04/03/2020)

April 3, 2020 PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Motion Hearing held on 4/3/2020 re 2 Emergency MOTION for Temporary Restraining Order filed by Janet Malam. Disposition: Motion taken under advisement (Court Reporter: Christin Russell) (WBar)

April 3, 2020 PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Motion Hearing held on 4/3/2020 re 8 MOTION to Intervene. Disposition: Motion granted (Court Reporter: Christin Russell) (WBar)

April 3, 2020 PACER
17

Emergency PETITION for Writ of Habeas Corpus and Complaint for Injunctive Relief filed by Amer Toma, Ruby Briselda Escobar against MATTHEW T. ALBENCE, Rebecca Adducci, WILLIAM P BARR, ICE/DHS, HEIDI E. WASHINGTON, Chad F. Wolf, Receipt No: AMIEDC-7722508 - Fee: $ 5. (Rhee, Jeannie) (Entered: 04/05/2020)

April 5, 2020 PACER
18

SUPPLEMENTAL BRIEF re 6 Supplemental Brief, 2 Emergency MOTION for Temporary Restraining Order filed by Janet Malam. (Attachments: # 1 Exhibit Declaration of Counsel) (Stacer, Andrew) (Entered: 04/05/2020)

1 Exhibit Declaration of Counsel

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April 5, 2020 PACER
19

SUPPLEMENTAL BRIEF re 2 Emergency MOTION for Temporary Restraining Order filed by Rebecca Adducci. (Newby, Jennifer) (Entered: 04/05/2020)

April 5, 2020 PACER
20

Emergency MOTION for Temporary Restraining Order by Ruby Briselda Escobar, Amer Toma. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1: Declaration of Dr. Jonathan Louis Golob, # 3 Exhibit 2: Declaration of Dr. Robert B. Greifinger, M.D., # 4 Exhibit 3: Declaration of My Khanh Ngo, Esq., Attorney for Intervenor-Plaintiffs, # 5 Exhibit 4: Declaration of Ronald Kaplovitz, Esq., Attorney for Amer Toma, # 6 Exhibit 5: Declaration of Farrah Hobballah, Esq., Attorney for Ruby Briselda Escobar, # 7 Exhibit 6: Declaration of Pay Par Gai) (Rhee, Jeannie) (Entered: 04/05/2020)

1 Index of Exhibits

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2 Exhibit 1: Declaration of Dr. Jonathan Louis Golob

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3 Exhibit 2: Declaration of Dr. Robert B. Greifinger, M.D.

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6 Exhibit 5: Declaration of Farrah Hobballah, Esq., Attorney for Ruby Briselda Esc

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7 Exhibit 6: Declaration of Pay Par Gai

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April 5, 2020 PACER
21

ORDER granting 8 Motion to Intervene. Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/05/2020)

April 5, 2020 PACER
22

OPINION AND ORDER granting in part 2 Motion for Temporary Restraining Order. Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/05/2020)

April 5, 2020 RECAP
23

AMENDED OPINION and ORDER Granting in Part 2 Emergency MOTION for Temporary Restraining Order, Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/06/2020)

April 6, 2020 RECAP
24

ORDER for Responses to 20 Motion for TRO; Response due no later than 2:00 p.m. on 4/7/2020 Reply due no later than 10:00 a.m. on 4/8/2020 Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/06/2020)

April 6, 2020 PACER
25

RESPONSE to 20 Emergency MOTION for Temporary Restraining Order filed by Rebecca Adducci. (Newby, Jennifer) (Entered: 04/07/2020)

April 7, 2020 PACER
26

AMENDED 25 Response to Motion by Rebecca Adducci (Attachments: # 1 Exhibit Whalen Declaration, # 2 Exhibit Obaid Declaration) (Newby, Jennifer) (Entered: 04/07/2020)

1 Exhibit Whalen Declaration

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April 7, 2020 PACER
27

REPLY to Response re 20 Emergency MOTION for Temporary Restraining Order filed by Ruby Briselda Escobar, Amer Toma. (Rhee, Jeannie) (Entered: 04/08/2020)

April 8, 2020 PACER

Text-Only Order

April 8, 2020 PACER
28

MOTION for Leave to File Excess Pages by Ruby Briselda Escobar, Amer Toma. (Rhee, Jeannie) (Entered: 04/08/2020)

April 8, 2020 PACER

TEXT-ONLY ORDER Granting 28 MOTION for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (WBar)

April 8, 2020 PACER
29

OPINION AND ORDER granting in part 20 Motion for Temporary Restraining Order. Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/09/2020)

April 9, 2020 RECAP
30

RESPONSE TO ORDER TO SHOW CAUSE by Rebecca Adducci. (Attachments: # 1 Exhibit Jacobs Supp Declaration) (Newby, Jennifer) (Entered: 04/10/2020)

1 Exhibit Jacobs Supp Declaration

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April 10, 2020 PACER
31

RESPONSE TO ORDER TO SHOW CAUSE re Toma by Rebecca Adducci. (Attachments: # 1 Exhibit Jacobs Supp Declaration, # 2 Exhibit 2-28-20 Sick Call, # 3 Exhibit 4-3-20 Sick Call) (Newby, Jennifer) (Entered: 04/14/2020)

1 Exhibit Jacobs Supp Declaration

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April 14, 2020 PACER
32

REPLY to Response re 2 Emergency MOTION for Temporary Restraining Order filed by Janet Malam. (Stacer, Andrew) (Entered: 04/16/2020)

April 16, 2020 PACER
33

OPINION and ORDER Converting 23 Temporary Restraining Order, into Preliminary Injunction, Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/17/2020)

April 17, 2020 RECAP
34

MOTION TO EXTEND Temporary Restraining Order and Deadline to File Reply to Response to Order to Show Cause, MOTION to Expedite Discovery by Amer Toma. (Attachments: # 1 Exhibit A - Expedited Interrogatories, # 2 Exhibit B - Expedited Requests for Production of Documents) (Rhee, Jeannie) (Entered: 04/18/2020)

1 Exhibit A - Expedited Interrogatories

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2 Exhibit B - Expedited Requests for Production of Documents

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April 18, 2020 PACER
35

RESPONSE to 34 MOTION TO EXTEND Temporary Restraining Order and Deadline to File Reply to Response to Order to Show Cause MOTION to Expedite Discovery filed by Rebecca Adducci. (Newby, Jennifer) (Entered: 04/18/2020)

April 18, 2020 PACER
36

OPINION AND ORDER granting in part and denying in part 34 Motion for extension of TRO, expedited discovery, and extension of deadline to reply to response to order to show cause. Signed by District Judge Judith E. Levy. (WBar) Modified on 4/19/2020 (WBar). (Entered: 04/19/2020)

April 19, 2020 PACER
37

RESPONSE TO ORDER TO SHOW CAUSE re: Toma by Amer Toma. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Ruby Briselda Escobar, # 3 Exhibit 2 - Declaration of My Khanh Ngo, # 4 Exhibit 3 - Declaration of Dora Schriro, # 5 Exhibit 4 - Declaration of Amer Toma) (Rhee, Jeannie) (Entered: 04/21/2020)

1 Index of Exhibits

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4 Exhibit 3 - Declaration of Dora Schriro

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April 21, 2020 PACER

Text-Only Order

April 21, 2020 PACER
38

MOTION for Leave to File Additional Evidence by Amer Toma. (Rhee, Jeannie) (Entered: 04/21/2020)

April 21, 2020 PACER

TEXT-ONLY ORDER Granting 38 MOTION for Leave to File Additional Evidence filed by Amer Toma. Signed by District Judge Judith E. Levy. (WBar)

April 21, 2020 PACER
39

ORDER Extending Temporary Restraining Order 29 . Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/21/2020)

April 21, 2020 RECAP
40

NOTICE of Appearance by My Khanh Ngo on behalf of Amer Toma. (Ngo, My Khanh) (Entered: 04/21/2020)

April 21, 2020 PACER
41

OPINION and ORDER Converting 29 Temporary Restraining Order, into Preliminary Injunction. Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/22/2020)

April 22, 2020 RECAP
42

NOTICE of Appearance by Jonathan Silberstein-Loeb on behalf of Ruby Briselda Escobar, Amer Toma. (Silberstein-Loeb, Jonathan) (Entered: 04/22/2020)

April 22, 2020 PACER
43

Amended PETITION for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief (Class Action) filed by Amer Toma, Ruby Briselda Escobar, Tomas Cardona Ramirez, Isaac Orta Vieyra, Guo Yan Lin Castro, Rudy Sosa Carillo, Sergio Brito, Jose Mauricio Garcia Toledo, Emanuel Rosales Borboa, Damary Rodriguez Salabarria, Qaid Alhalmi, Min Dan Zhang, Julio Fernando Medina Euceda, Baldemar Barajas Santoyo, Jose Gomez Santiz against MATTHEW T. ALBENCE, Rebecca Adducci, WILLIAM P BARR, ICE/DHS, Chad F. Wolf, Receipt No: AMIEDC-7763371 - Fee: $ 5. (Rhee, Jeannie) (Entered: 04/26/2020)

April 26, 2020 PACER
44

Emergency MOTION for Temporary Restraining Order by Qaid Alhalmi, Tomas Cardona Ramirez, Julio Fernando Medina Euceda, Damary Rodriguez Salabarria, Emanuel Rosales Borboa, Min Dan Zhang. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Jonathan Louis Golob, # 3 Exhibit 2 - Declaration of Robert B. Greifinger, # 4 Exhibit 3 - Declaration of Homer Venters, # 5 Exhibit 4 - Declaration of Dora Schriro, # 6 Exhibit 5 - Declaration of My Khanh Ngo, # 7 Exhibit 6 - Declaration of Heather Garvock, # 8 Exhibit 7 - Declaration of Richard Kessler, # 9 Exhibit 8 - Declaration of Jonathan Contreras, # 10 Exhibit 9 - Declaration of Joseph Hughes, # 11 Exhibit 10 - Declaration of Caterina Amaro-Luedtke, # 12 Exhibit 11 - Declaration of Kai De Graaf, # 13 Exhibit 12 - Declaration of Reynaldo Albino-Martinez) (Rhee, Jeannie) (Entered: 04/26/2020)

1 Index of Exhibits

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2 Exhibit 1 - Declaration of Jonathan Louis Golob

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3 Exhibit 2 - Declaration of Robert B. Greifinger

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5 Exhibit 4 - Declaration of Dora Schriro

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6 Exhibit 5 - Declaration of My Khanh Ngo

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9 Exhibit 8 - Declaration of Jonathan Contreras

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April 26, 2020 PACER
45

MOTION to Expedite Discovery, Status Reports, and Client Access by Qaid Alhalmi, Baldemar Barajas Santoyo, Sergio Brito, Tomas Cardona Ramirez, Guo Yan Lin Castro, Ruby Briselda Escobar, Jose Mauricio Garcia Toledo, Jose Gomez Santiz, Julio Fernando Medina Euceda, Isaac Orta Vieyra, Damary Rodriguez Salabarria, Emanuel Rosales Borboa, Rudy Sosa Carillo, Amer Toma, Min Dan Zhang. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: Proposed Interrogatories, # 3 Exhibit B: Proposed Requests for Production, # 4 Exhibit C: Proposed Deposition Notice, # 5 Exhibit D: Declaration of Darren Gardner, # 6 Exhibit E: ICE Guidance on COVID-19, April 14, 2020, # 7 Exhibit F: ICE Guidance on COVID-19, April 24, 2020, # 8 Exhibit G: Chief Judge John J. McConnell Jr., General Order Directing the Warden of the Donald W. Wyatt Detention Facility to File Status Reports (Apr. 16, 2020), Minutes (In Chambers), # 9 Exhibit H: Fraihat, et al v. U.S. Immigration and Customs Enforcement, et al., EDCV 19-1546 JGB (SHKx), ECF No. 132 at 3839 (C.D. Cal. Apr. 20, 2020), # 10 Exhibit I: Gayle v. Meade, No. 20-21553-COOKE/GOODMAN, 2020 WL 1949737 (S.D. Fla. Apr. 22, 2020), # 11 Exhibit J: Jones v. Wolf, No. 1:20-cv-00361-LJV, ECF No. 44 (W.D.N.Y. Apr. 2, 2020)., # 12 Exhibit K: Order Regarding Petitioners/Plaintiffs Emergency Motion Regarding Coercion and Interference with Class Members (ECF 307), Hamama v. Adducci, No. 2:17-cv-11910, ECF No. 316 (E.D. Mich. June 20, 2018)) (Rhee, Jeannie) (Entered: 04/27/2020)

1 Index of Exhibits

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2 Exhibit A: Proposed Interrogatories

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3 Exhibit B: Proposed Requests for Production

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4 Exhibit C: Proposed Deposition Notice

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5 Exhibit D: Declaration of Darren Gardner

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6 Exhibit E: ICE Guidance on COVID-19, April 14, 2020

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7 Exhibit F: ICE Guidance on COVID-19, April 24, 2020

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8 Exhibit G: Chief Judge John J. McConnell Jr., General Order Directing the Warde

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9 Exhibit H: Fraihat, et al v. U.S. Immigration and Customs Enforcement, et al.,

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10 Exhibit I: Gayle v. Meade, No. 20-21553-COOKE/GOODMAN, 2020 WL 1949737 (S.D. Fl

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11 Exhibit J: Jones v. Wolf, No. 1:20-cv-00361-LJV, ECF No. 44 (W.D.N.Y. Apr. 2, 2

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12 Exhibit K: Order Regarding Petitioners/Plaintiffs Emergency Motion Regarding Co

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April 27, 2020 PACER
46

ORDER Requiring Response to 45 Motion to Expedite; Response due by 4:00 p.m. on 4/28/2020, Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/27/2020)

April 27, 2020 PACER
47

EXHIBIT 3 - Corrected Declaration of Homer Venters re 44 Emergency MOTION for Temporary Restraining Order by Qaid Alhalmi, Tomas Cardona Ramirez, Julio Fernando Medina Euceda, Damary Rodriguez Salabarria, Emanuel Rosales Borboa, Min Dan Zhang (Rhee, Jeannie) (Entered: 04/27/2020)

April 27, 2020 PACER
48

ORDER Requiring Response to 44 Motion for TRO, Response due by 4:00 p.m. on 4/29/2020 Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/28/2020)

April 28, 2020 PACER
49

RESPONSE to 45 MOTION to Expedite Discovery, Status Reports, and Client Access filed by Rebecca Adducci. (Attachments: # 1 Exhibit Fraihat v. ICE Class Certification, # 2 Exhibit Telephone Policy) (Newby, Jennifer) (Entered: 04/28/2020)

1 Exhibit Fraihat v. ICE Class Certification

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2 Exhibit Telephone Policy

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April 28, 2020 PACER
50

REPLY to Response re 45 MOTION to Expedite Discovery, Status Reports, and Client Access filed by Qaid Alhalmi, Baldemar Barajas Santoyo, Sergio Brito, Tomas Cardona Ramirez, Guo Yan Lin Castro, Ruby Briselda Escobar, Jose Mauricio Garcia Toledo, Jose Gomez Santiz, Julio Fernando Medina Euceda, Isaac Orta Vieyra, Damary Rodriguez Salabarria, Emanuel Rosales Borboa, Rudy Sosa Carillo, Amer Toma, Min Dan Zhang. (Rhee, Jeannie) (Entered: 04/29/2020)

April 29, 2020 PACER

Text-Only Order

April 29, 2020 PACER
51

Ex Parte MOTION for Leave to File Excess Pages by Rebecca Adducci. (Newby, Jennifer) (Entered: 04/29/2020)

April 29, 2020 PACER
52

RESPONSE to 44 Emergency MOTION for Temporary Restraining Order filed by Rebecca Adducci. (Attachments: # 1 Exhibit Obaid Declaration, # 2 Exhibit Kanakry Declaration, # 3 Exhibit Saunders Declaration, # 4 Exhibit Mitchell Declaration, # 5 Exhibit Quinn Declaration, # 6 Exhibit McClain Declaration, # 7 Exhibit ERO PRR, # 8 Exhibit Jacobs Declaration, # 9 Exhibit Calhoun Guidance, # 10 Exhibit CDC High-Risk, # 11 Exhibit CDC Guidance) (Newby, Jennifer) (Entered: 04/29/2020)

7 Exhibit ERO PRR

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8 Exhibit Jacobs Declaration

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9 Exhibit Calhoun Guidance

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10 Exhibit CDC High-Risk

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11 Exhibit CDC Guidance

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April 29, 2020 PACER

TEXT-ONLY ORDER Granting 51 Ex Parte MOTION for Leave to File Excess Pages filed by Rebecca Adducci. Signed by District Judge Judith E. Levy. (WBar)

April 29, 2020 PACER
53

ORDER granting in part and denying in part 45 Motion for Expedited Discovery. Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/30/2020)

April 30, 2020 PACER
54

NOTICE of Appearance by Bradley Darling on behalf of MATTHEW T. ALBENCE, Rebecca Adducci, WILLIAM P BARR, ICE/DHS, Chad F. Wolf. (Darling, Bradley) (Entered: 05/01/2020)

May 1, 2020 PACER
55

NOTICE OF ZOOM VIDEO HEARING on 44 Emergency MOTION for Temporary Restraining Order . Motion Hearing set for 5/7/2020 02:00 PM before District Judge Judith E. Levy (WBar) (Entered: 05/01/2020)

May 1, 2020 PACER
56

ORDER REGARDING PUBLIC ACCESS; Objections due by 12:00 p.m. EST on 5/6/2020, Signed by District Judge Judith E. Levy. (WBar) (Entered: 05/04/2020)

May 4, 2020 PACER
57

REPLY to Response re 44 Emergency MOTION for Temporary Restraining Order filed by Qaid Alhalmi, Tomas Cardona Ramirez, Julio Fernando Medina Euceda, Damary Rodriguez Salabarria, Emanuel Rosales Borboa, Min Dan Zhang. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-Supplemental declaration of Dr. Homer Venters, # 3 Exhibit 2-Declaration of My Khanh Ngo) (Rhee, Jeannie) (Entered: 05/05/2020)

1 Index of Exhibits

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May 5, 2020 PACER
58

MOTION for Leave to File Excess Pages by Qaid Alhalmi, Tomas Cardona Ramirez, Julio Fernando Medina Euceda, Damary Rodriguez Salabarria, Emanuel Rosales Borboa, Min Dan Zhang. (Rhee, Jeannie) (Entered: 05/05/2020)

May 5, 2020 PACER

Text-Only Order

May 5, 2020 PACER
59

MOTION for Leave to File Additional Evidence by Qaid Alhalmi, Tomas Cardona Ramirez, Julio Fernando Medina Euceda, Damary Rodriguez Salabarria, Emanuel Rosales Borboa, Min Dan Zhang. (Rhee, Jeannie) (Entered: 05/05/2020)

May 5, 2020 PACER

TEXT-ONLY ORDER Granting 58 MOTION for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (WBar)

May 5, 2020 PACER

TEXT-ONLY ORDER Granting 59 MOTION for Leave to File Additional Evidence. Signed by District Judge Judith E. Levy. (WBar)

May 5, 2020 PACER
60

SUPPLEMENTAL BRIEF re 56 Order, Set Deadlines/Hearings -- Defendants Response to Order Regarding Public Access filed by MATTHEW T. ALBENCE, Rebecca Adducci, WILLIAM P BARR, ICE/DHS, Chad F. Wolf. (Darling, Bradley) (Entered: 05/06/2020)

May 6, 2020 PACER
61

STATEMENT of Plaintiffs Regarding Public Access to Docket by Qaid Alhalmi, Baldemar Barajas Santoyo, Sergio Brito, Tomas Cardona Ramirez, Guo Yan Lin Castro, Ruby Briselda Escobar, Jose Mauricio Garcia Toledo, Jose Gomez Santiz, Julio Fernando Medina Euceda, Isaac Orta Vieyra, Damary Rodriguez Salabarria, Emanuel Rosales Borboa, Rudy Sosa Carillo, Amer Toma, Min Dan Zhang (Rhee, Jeannie) (Entered: 05/06/2020)

May 6, 2020 PACER
62

SECOND ORDER Regarding Public Access. Signed by District Judge Judith E. Levy. (WBar) (Entered: 05/06/2020)

May 6, 2020 RECAP
63

Ex Parte MOTION for Leave to File Sur-Reply (Unopposed) by MATTHEW T. ALBENCE, Rebecca Adducci, WILLIAM P BARR, ICE/DHS, Chad F. Wolf. (Darling, Bradley) (Entered: 05/06/2020)

May 6, 2020 PACER
64

SUR-REPLY re 44 Emergency MOTION for Temporary Restraining Order filed by Rebecca Adducci. (Newby, Jennifer) (Entered: 05/06/2020)

May 6, 2020 PACER

Text-Only Order

May 7, 2020 PACER

TEXT-ONLY ORDER Granting 63 Ex Parte MOTION for Leave to File Sur-Reply. Signed by District Judge Judith E. Levy. (WBar)

May 7, 2020 PACER

Motion Hearing

May 7, 2020 PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Zoom Webinar Motion Hearing held on 5/7/2020 re 44 Emergency MOTION for Temporary Restraining Order filed by Min Dan Zhang, Julio Fernando Medina Euceda, Tomas Cardona Ramirez, Qaid Alhalmi, Emanuel Rosales Borboa, Damary Rodriguez Salabarria; Disposition: Motion taken under advisement (Court Reporter: Jeseca Eddington) (WBar)

May 7, 2020 PACER
65

STIPULATED PROTECTIVE ORDER, Signed by District Judge Judith E. Levy. (WBar) (Entered: 05/09/2020)

May 9, 2020 PACER
66

NOTICE by Qaid Alhalmi, Tomas Cardona Ramirez, Julio Fernando Medina Euceda, Damary Rodriguez Salabarria, Emanuel Rosales Borboa, Min Dan Zhang re 44 Emergency MOTION for Temporary Restraining Order / Plaintiffs' Notice of Supplemental Authority (Attachments: # 1 Exhibit A - Opinion and Order) (Rhee, Jeannie) (Entered: 05/11/2020)

1 Exhibit A - Opinion and Order

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May 11, 2020 PACER
67

TRANSCRIPT of Motion Hearing held on 5/7/2020. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 57) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 6/2/2020. Redacted Transcript Deadline set for 6/12/2020. Release of Transcript Restriction set for 8/10/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Eddington, J) (Entered: 05/12/2020)

May 12, 2020 PACER
68

OPINION AND ORDER granting in part 44 Motion for Temporary Restraining Order as a Preliminary Injunction. Signed by District Judge Judith E. Levy. (WBar) (Entered: 05/12/2020)

May 12, 2020 RECAP
69

NOTICE by Qaid Alhalmi, Baldemar Barajas Santoyo, Sergio Brito, Tomas Cardona Ramirez, Guo Yan Lin Castro, Ruby Briselda Escobar, Jose Mauricio Garcia Toledo, Jose Gomez Santiz, Julio Fernando Medina Euceda, Isaac Orta Vieyra, Damary Rodriguez Salabarria, Emanuel Rosales Borboa, Rudy Sosa Carillo, Amer Toma, Min Dan Zhang re: Plaintiffs' List of Docket Entries that Contain Sensitive Information (Rhee, Jeannie) (Entered: 05/13/2020)

May 13, 2020 PACER
70

NOTICE by Rebecca Adducci re 62 Order re Sensitive Information (Newby, Jennifer) (Entered: 05/13/2020)

May 13, 2020 PACER
71

ORDER to Unseal Cases. Signed by District Judge Judith E. Levy. (SSch) (Entered: 05/14/2020)

May 14, 2020 PACER
72

REDACTED VERSION of 17 Petition for Writ of Habeas Corpus, by Ruby Briselda Escobar, Amer Toma (Rhee, Jeannie) (Entered: 05/15/2020)

May 15, 2020 PACER
73

REDACTED VERSION of 20 Emergency MOTION for Temporary Restraining Order (Redacted Exhibits 4 & 5) by Ruby Briselda Escobar, Amer Toma (Attachments: # 1 Exhibit 5) (Rhee, Jeannie) (Entered: 05/15/2020)

1 Exhibit 5

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May 15, 2020 PACER
74

REDACTED VERSION of 27 Reply to Response to Motion by Amer Toma (Rhee, Jeannie) (Entered: 05/15/2020)

May 15, 2020 PACER
75

REDACTED VERSION of 37 Response to Order to Show Cause, (Redacted Reply Brief, Exhibits 1 & 4) by Amer Toma (Attachments: # 1 Exhibit 1, # 2 Exhibit 4) (Rhee, Jeannie) (Entered: 05/15/2020)

1 Exhibit 1

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2 Exhibit 4

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May 15, 2020 PACER
76

REDACTED VERSION of 43 Petition for Writ of Habeas Corpus,, by Qaid Alhalmi, Baldemar Barajas Santoyo, Sergio Brito, Tomas Cardona Ramirez, Guo Yan Lin Castro, Ruby Briselda Escobar, Jose Mauricio Garcia Toledo, Jose Gomez Santiz, Julio Fernando Medina Euceda, Isaac Orta Vieyra, Damary Rodriguez Salabarria, Emanuel Rosales Borboa, Rudy Sosa Carillo, Amer Toma, Min Dan Zhang (Rhee, Jeannie) (Entered: 05/15/2020)

May 15, 2020 PACER
77

REDACTED VERSION of 44 Emergency MOTION for Temporary Restraining Order (Redacted Exhibits 3, 6, 7, 9, 10, 11, and 12) by Qaid Alhalmi, Tomas Cardona Ramirez, Julio Fernando Medina Euceda, Damary Rodriguez Salabarria, Emanuel Rosales Borboa, Min Dan Zhang (Attachments: # 1 Exhibit 6, # 2 Exhibit 7, # 3 Exhibit 9, # 4 Exhibit 10, # 5 Exhibit 11, # 6 Exhibit 12) (Rhee, Jeannie) (Entered: 05/15/2020)

1 Exhibit 6

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2 Exhibit 7

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3 Exhibit 9

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4 Exhibit 10

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5 Exhibit 11

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6 Exhibit 12

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May 15, 2020 PACER
78

REDACTED VERSION of 47 Exhibit, Declaration of Homer Venters by Qaid Alhalmi, Tomas Cardona Ramirez, Julio Fernando Medina Euceda, Damary Rodriguez Salabarria, Emanuel Rosales Borboa, Min Dan Zhang (Rhee, Jeannie) (Entered: 05/15/2020)

May 15, 2020 PACER
79

REDACTED VERSION of 57 Reply to Response to Motion, (Redacted Exhibit 1) by Qaid Alhalmi, Tomas Cardona Ramirez, Julio Fernando Medina Euceda, Damary Rodriguez Salabarria, Emanuel Rosales Borboa, Min Dan Zhang (Rhee, Jeannie) (Entered: 05/15/2020)

May 15, 2020 PACER
80

SUPPLEMENTAL BRIEF re 44 Emergency MOTION for Temporary Restraining Order filed by Rebecca Adducci. (Attachments: # 1 Exhibit Hypertension Article, # 2 Exhibit Scissors Declaration, # 3 Exhibit Asthma Guidelines) (Newby, Jennifer) (Entered: 05/18/2020)

1 Exhibit Hypertension Article

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2 Exhibit Scissors Declaration

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3 Exhibit Asthma Guidelines

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May 18, 2020 PACER

State / Territory: Michigan

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Post-WalMart decisions on class certification

Key Dates

Filing Date: March 30, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All noncitizens detained in ICE custody at Calhoun; subclasses are those with COVID-19 risk factors; noncitizens formerly detained at the Calhoun County Correctional Facility and released as a result of an order issued by the court

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Immigration and Customs Enforcement, Federal

U.S. Department of Homeland Security, Federal

Attorney General of the United States, Federal

Michigan Department of Corrections, State

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

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Habeas relief

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Habeas Corpus

Over/Unlawful Detention

Placement in detention facilities

Sanitation / living conditions

Totality of conditions

Medical/Mental Health:

Medical care, general

COVID-19:

Independent monitor/inspector imposed/assisted

Inspection ordered/regulated

Mitigation Denied

Mitigation Granted

Mitigation Requested

Quarantine/isolation ordered

Release Denied

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

Detention - criteria

Undocumented immigrants - rights and duties