Case: Malam v. Adducci

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

Filed Date: March 30, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: A medically vulnerable immigration detainee filed this case on March 30, 2020. The detainee alleged that ongoing detention violated her due process rights because it was unlawfully punitive given the ongoing COVID-19 pandemic. Additional detainees intervened. The court granted several releases in the form of preliminary injunctions. The court also certified a class, instituted procedures for bail applications from detainees within the class, and continued to grant temporary re…

COVID-19 Summary: A medically vulnerable immigration detainee filed this case on March 30, 2020. The detainee alleged that ongoing detention violated her due process rights because it was unlawfully punitive given the ongoing COVID-19 pandemic. Additional detainees intervened. The court granted several releases in the form of preliminary injunctions. The court also certified a class, instituted procedures for bail applications from detainees within the class, and continued to grant temporary releases upon application. No significant docket activity has occurred since October 2021, after the jail began providing the COVID-19 vaccine to detainees.


This case concerns the due process rights of civil immigration detainees with medical vulnerabilities during the early stages of the COVID-19 pandemic. 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 Correctional Facility, filed this emergency habeas petition and complaint in the United States District Court for the Eastern District of Michigan. Represented by private counsel, 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 and Fourteenth Amendment rights to due process by exposing her to substantial risk of illness and death from the COVID-19 virus. The plaintiff sought emergency relief via a writ of habeas corpus or an injunction ordering her release. 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”) cautioned that detention facilities increased the risk of COVID-19 and caused rapid outbreaks, as detainees are unable to exercise effective social distancing and good hygiene measures. Because no COVID-19 vaccine or treatment existed in the spring of 2020, the virus’s spread 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 from 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”) to release the plaintiff while her immigration proceedings were pending. 

On April 5, 2020, the court granted the TRO in part. Judge Levy ordered the defendants to release the plaintiff immediately, followed by fourteen days of home quarantine. The court also ordered the plaintiff to 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 was removed and required them to show cause by April 10, 2020 as to why the TRO should not be converted into a preliminary injunction. Judge Levy concluded that the plaintiff established a likelihood of irreparable harm because her severe health issues and the jail conditions made it substantially likely that she would contract COVID-19 and face serious harm or even death. 452 F. Supp. 3d 643. (The next day, Judge Levy issued an amended opinion and order adding a term of nonconfinement supervision for the plaintiff's release.).

Also on April 5, 2020, Judge Levy granted a motion allowing two individuals to intervene. The intervenors, represented by the ACLU of Michigan and private counsel, filed an emergency petition for writ of habeas corpus and complaint for injunctive relief, as well as an emergency motion for a TRO. Judge Levy stated that the intervenors' motion raised substantially similar factual and legal issues as the plaintiff's application for a TRO.

Following expedited briefing, on April 9, 2020, Judge Levy granted in part the intervenors' motion for a TRO, requiring the immediate release of one of the intervenors 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, a hernia, and a prostate issue. Judge Levy concluded that, although the intervenor presented a less severe risk than the plaintiff who had been granted immediate release, the intervenor deserved 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.

A week later, on April 17, 2020, the court converted the April 5 TRO into a 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." 455 F. Supp. 3d 384.

In their response to the court's order to show cause why the April 9 TRO should not also be converted into a preliminary injunction, the defendants argued that a preliminary injunction was unwarranted with respect to the intervenor because the intervenor had not shown a risk of exposure to COVID-19 sufficient to state a cognizable constitutional claim and because he had not shown that defendants acted with deliberate indifference. The defendants further argued that the public interest favored denying injunctive relief because releasing the intervenor "would support a finding that it is unconstitutional for ICE to detain any noncitizen during the COVID-19 pandemic."

On April 22, 2020, Judge Levy converted her second TRO into a preliminary injunction, requiring release to last through the duration of the COVID-19 outbreak. The court found that the intervenor’s age and mobility issues put him at high risk for severe complications and/or death from COVID-19. Judge Levy also concluded that granting injunctive relief for this one highly vulnerable individual would not serve as precedent for releasing many non-citizens from immigration detention. 2020 WL 1934895.

On April 26, 2020, fifteen named plaintiffs filed an amended habeas petition and complaint, this time as a putative class action.

The plaintiffs filed another emergency motion for a TRO. On May 12, 2020, the court partially granted the motion and converted it into a motion for a preliminary injunction. Judge Levy 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. 459 F. Supp. 3d 867. On May 23, 2020, Judge Levy granted release for two more plaintiffs. 2020 WL 2616242. 

On June 5, 2020, twenty named plaintiffs filed a second amended complaint and habeas petition. On the same day, the plaintiffs moved again for a TRO. 

Judge Levy granted the June 5 TRO for all but one of the inmates on June 28, 2020. The court held that COVID-19 posed a high risk of irreparable injury to the inmates and that detention was unnecessary to achieve the government’s interests, so detaining the plaintiffs constituted unconstitutional punishment. 469 F. Supp. 3d 767. Overall, Judge Levy ordered about a dozen releases.

Meanwhile, on June 14, 2020, the plaintiffs submitted a motion to certify a class of "all noncitizens who are detained in Immigration and Customs Enforcement custody at Calhoun" and a subclass of "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, 2020, the court granted class certification. Judge Levy certified a class of all noncitizens in ICE custody at Calhoun with respect to the plaintiffs’ first claim (violation of Fifth Amendment Due Process Clause for impermissible punishment of civil detainees), and a habeas litigation class of those class members with greater risk of severe outcomes from COVID-19. 475 F. Supp. 3d 721.

On July 27, 2020, the defendants moved to amend the June 28 order granting a preliminary injunction that resulted in the release of six medically vulnerable detainees. They argued that an intervening decision by the U.S. Court of Appeals for the Sixth Circuit, Cameron v. Bouchard, required vacating the preliminary injunction.

On August 4, 2020, Judge Levy established 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. 2020 WL 4496597. On August 19, 2020, Judge Levy amended 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 [this court]." The court issued this order 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. 2020 WL 4818894. 

On August 25, 2020, the court denied the defendants’ July 27 motion to amend the judgment. Judge Levy held that Cameron v. Bouchard did not conflict with the June 28 order and was not binding precedent because it was unpublished. 481 F. Supp. 3d 631.

Between September 28 and October 22, 2020, 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 the defendants that an additional thirteen Calhoun detainees and two staff members tested positive for COVID-19, the court held an emergency hearing on October 26, 2020 regarding the surge in cases and precautionary measures. On October 27, 2020, the court required the defendants to submit a proposed plan addressing the risks to detainees, especially high-risk detainees. The defendants submitted a response later that day, highlighting segregated housing, bi-weekly testing, and 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, and moved for emergency relief. The number of COVID-19 cases among incarcerated people and staff continued to increase. Because the class members were still being exposed to a deliberate-indifference level of harm, the court granted bail applications for eight class members on November 30, 2020. 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 required the defendants to allow an in-person inspection by the plaintiffs’ 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 pre-existing conditions.

Meanwhile, the defendants appealed multiple orders granting bail to the Sixth Circuit on December 10, 2020. The defendants voluntarily dismissed these appeals in March and May of 2021. See, e.g., 2021 WL 1400901; 2021 WL 5263596; 2021 WL 3627248.

The court held a status conference on March 1, 2021. The parties discussed a memo issued by Acting Director of ICE Tae D. Johnson, titled Interim Guidance: Civil Immigration Enforcement and Removal Priorities. Two weeks later, the court held another status conference, in which the defendants discussed their plan to educate the Calhoun detainees and vaccinate them against COVID-19.

Meanwhile, the court issued several more orders throughout 2020 and early 2021 granting bail to members of the habeas litigation groups. See, e.g., 2020 WL 7324697; 2020 WL 7684102; 2021 WL 836532; 2021 WL 398500.

On April 27, 2021 the court denied bail for several detainees who had received the Johnson & Johnson COVID-19 vaccine. Judge Levy held that because the vaccine protects against dire health outcomes from COVID-19, the detainees no longer met the “heightened risk” threshold that justified membership in the habeas litigation group. The court also denied bail for a detainee who refused to take the vaccine, for similar reasons. 2021 WL 1658689.

The court held settlement conferences on April 29 and May 12, 2021, as well as January 12, 2022. The Clearinghouse could not locate more information about potential settlement talks.

As of March 19, 2024, no significant docket activity has occurred since October 14, 2021.

Summary Authors

Aaron Gurley (4/18/2020)

Jack Hibbard (8/3/2020)

Chandler Hart-McGonigle (11/1/2020)

Justin Hill (1/12/2021)

Sophia Acker (3/19/2024)

People

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


Judge(s)
Attorney for Plaintiff
Attorney for Defendant
Expert/Monitor/Master/Other

Amaro-Luedtke, Caterina (Michigan)

Andrade, Monica (Michigan)

Atiya, Shahad (Michigan)

Aukerman, Miriam (Michigan)

Balakrishnan, Anand V. (New York)

show all people

Documents in the Clearinghouse

Document

5:20-cv-10829

Docket

Jan. 7, 2021

Jan. 7, 2021

Docket
87, 87-1, 87-2 & 87-4

5:20-cv-10829

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

March 30, 2020

March 30, 2020

Complaint
22

5:20-cv-10829

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

April 5, 2020

April 5, 2020

Order/Opinion

452 F.Supp.3d 452

29

5:20-cv-10829

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

April 9, 2020

April 9, 2020

Order/Opinion

2020 WL 2020

33

5:20-cv-10829

Opinion and Order Converting Temporary Restraining Order into Preliminary Injunction

April 17, 2020

April 17, 2020

Order/Opinion

455 F.Supp.3d 455

41

5:20-cv-10829

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

April 22, 2020

April 22, 2020

Order/Opinion

2020 WL 2020

76

5:20-cv-10829

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

April 26, 2020

April 26, 2020

Complaint
68

5:20-cv-10829

Opinion and Order Granting in Part Plaintiffs' Motion for Temporary Restraining Order as a Preliminary Injunction [44]

May 12, 2020

May 12, 2020

Order/Opinion

459 F.Supp.3d 459

72

5:20-cv-10829

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

May 15, 2020

May 15, 2020

Complaint
90

5:20-cv-10829

Second Opinion and Order Granting in Part and Denying in Part Plaintiffs' Motion for Temporary Restraining Order as a Preliminary Injunction [44]

May 23, 2020

May 23, 2020

Order/Opinion

2020 WL 2020

Resources

Docket

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

Last updated April 23, 2024, 11:54 a.m.

ECF Number Description Date Link 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

March 30, 2020

PACER
2

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

March 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

March 31, 2020

PACER

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

March 31, 2020

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

March 31, 2020

PACER

Motion Hearing

March 31, 2020

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

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

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

View on PACER

3 Exhibit Dr. Golob

View on PACER

March 31, 2020

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

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

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

April 2, 2020

RECAP
9

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

April 2, 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

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

View on PACER

2 Exhibit B - CDC Guidelines

View on PACER

3 Exhibit C - Jacobs Declaration

View on PACER

4 Exhibit D - CDC Testing

View on PACER

April 3, 2020

April 3, 2020

PACER

Motion Hearing

April 3, 2020

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

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

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

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

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

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

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

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

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

View on PACER

April 5, 2020

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

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.

View on PACER

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

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

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

April 5, 2020

Clearinghouse
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

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

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

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

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

April 8, 2020

PACER

Text-Only Order

April 8, 2020

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

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

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

April 9, 2020

Clearinghouse
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

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

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

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

April 17, 2020

Clearinghouse
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

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

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

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

View on PACER

4 Exhibit 3 - Declaration of Dora Schriro

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April 21, 2020

April 21, 2020

PACER

Text-Only Order

April 21, 2020

April 21, 2020

PACER
38

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

April 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

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

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

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

April 22, 2020

Clearinghouse
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

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

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

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

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

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

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

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

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

April 29, 2020

PACER

Text-Only Order

April 29, 2020

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

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

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

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

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

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

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

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

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

May 5, 2020

PACER

Text-Only Order

May 5, 2020

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

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

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

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

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

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

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

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

May 6, 2020

PACER

Text-Only Order

May 7, 2020

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

May 7, 2020

PACER

Motion Hearing

May 7, 2020

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

May 7, 2020

PACER
65

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

May 9, 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

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

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

May 12, 2020

Clearinghouse
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

May 13, 2020

PACER
70

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

May 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

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

May 15, 2020

Clearinghouse
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

May 15, 2020

Clearinghouse
74

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

May 15, 2020

May 15, 2020

Clearinghouse
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

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

May 15, 2020

Clearinghouse
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

May 15, 2020

Clearinghouse
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

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

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

May 18, 2020

Clearinghouse

Case Details

State / Territory: Michigan

Case Type(s):

Jail Conditions

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: March 30, 2020

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Class of all noncitizens detained in ICE custody at Calhoun County Correctional Facility and habeas litigation group of Calhoun ICE detainees with COVID-19 risk factors

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

ACLU National Prison Project

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Michigan Department of Corrections, State

U.S. Immigration and Customs Enforcement (- United States (national) -), Federal

U.S. Department of Homeland Security (- United States (national) -), Federal

Attorney General of the United States (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Available 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

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Order Duration: 2020 - None

Issues

General/Misc.:

Conditions of confinement

Sanitation / living conditions

Totality of conditions

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

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - criteria

Undocumented immigrants - rights and duties

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Placement in detention facilities

Medical/Mental Health Care:

Medical care, general