Case: Dada v. Witte

1:20-cv-00458 | U.S. District Court for the Western District of Louisiana

Filed Date: April 14, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: 16 medically vulnerable noncitizens in immigration detention centers in Louisiana filed this case in light of the certainty of an outbreak of COVID-19 in their detention facilities. They argued that their continued detention was a violation of the Due Process Clause and the Rehabilitation Act, and sought immediate release. The court granted release of 14 detainees on May 22, 2020; the case is now closed.This case arose out of earlier litigation. in the U.S. District Court for…

COVID-19 Summary: 16 medically vulnerable noncitizens in immigration detention centers in Louisiana filed this case in light of the certainty of an outbreak of COVID-19 in their detention facilities. They argued that their continued detention was a violation of the Due Process Clause and the Rehabilitation Act, and sought immediate release. The court granted release of 14 detainees on May 22, 2020; the case is now closed.


This case arose out of earlier litigation. in the U.S. District Court for the Eastern District of Louisiana, which was dismissed for lack of jurisdiction.

On April 14, 2020, 16 medically vulnerable immigrant detainees in Louisiana filed this lawsuit in the U.S. District Court for the Western District of Louisiana. Represented by the Loyola Law Clinic, the National Immigration Project of the National Lawyers Guild, the Center for Constitutional Rights, and private counsel, the petitioners sued U.S. Immigration and Customs Enforcement (ICE) officials and wardens of the detention centers under the federal habeas statute, 42 U.S.C. § 2241, and the Rehabilitation Act, 29 U.S.C. §§ 701 et seq. The petitioners alleged that their continued detention violated the Fifth Amendment's Due Process Clause and the Rehabilitation Act. Specifically, the plaintiffs alleged that, given their known medical risk and ICE's historical pattern of overcrowding and unsanitary facilities, continued detention for civil infractions was a potential death sentence. The plaintiffs sought immediate release, either through a writ of habeas corpus or an injunction, and a declaration that the continued civil detention of individuals at risk for severe illness violated the Due Process Clause or the Rehabilitation Act. The case was assigned to Judge Dee Drell and Magistrate Judge Joseph Perez-Montes.

Simultaneously with the complaint, the plaintiffs also filed a motion for temporary restraining order (TRO), arguing that given the conditions of confinement in the detention facilities, it would be impossible for ICE or the detention facility to comply with CDC guidelines for social distancing. They stated that ICE officials at the facilities where plaintiffs were detained had provided them with little information about the pandemic, that detainees continued to be housed in open dorms and in close proximity to others, that detainees were not given consistent access to soap, and that staff did not wear masks or gloves. Plaintiffs argued that the imposition of these condition on medically vulnerable people amounted to deliberate indifference to their known medical risks.

On April 30, 2020, Magistrate Judge Perez-Montes recommended that the plaintiffs' motion for a TRO be granted in part, recommending that the court issue a preliminary injunction that would require the immediate release of 13 of the 16 petitioners. The recommendation noted that one petitioner had already been released, so their request for release was moot. Additionally, he recommended the court not require any of the petitioners to post a bond or other security.

On May 4, 2020, both parties filed objections to the April 30 recommendation of the magistrate judge. The petitioners argued for the release of the remaining two petitioners, while the respondents argued that the court lacked jurisdiction, the plaintiffs had not stated a constitutional violation or demonstrated irreparable harm, the public interest was not served by release, and that an order of release was not narrowly tailored.

On May 22, 2020, the court adopted in part and denied in part the magistrate judge's recommendations. 2020 WL 2614616. Judge Drell ordered the release of 14 of the petitioners, including one petitioner who Magistrate Judge Perez-Montes had recommended not be released. The defendants were given 14 days to release the detainees.

On June 8, 2020, the respondents appealed the court's May 22 order. On June 9, 2020, the respondents moved to withdraw the appeal, which was granted the next day.

On June 23, the remaining petitioners filed an emergency motion to compel compliance and for immediate release. The court denied the motion on June 24 and on August 14, the court dismissed the suit, since all claims for relief sought had been considered and judgments on each claim had been rendered.

The case is now closed.

Summary Authors

Alex Moody (5/25/2020)

Caitlin Kierum (6/1/2020)

Nicholas Gillan (2/26/2021)

Related Cases

Dada v. Immigration and Customs Enforcement, Eastern District of Louisiana (2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17066598/parties/dada-v-witte/


Judge(s)

Drell, Dee D. (Louisiana)

Perez-Montes, Joseph H. L. (Louisiana)

Attorneys(s) for Plaintiff

Aguirre, Guadalupe V (New York)

Azmy, Baher (New York)

Free, Robert Andrew (Tennessee)

Guisado, Angelo R. (New York)

Jong, Jeremy (Louisiana)

Pokharel, Astha Sharma (New York)

Quigley, William Patrick (Louisiana)

Saed, Aya (New York)

Judge(s)

Drell, Dee D. (Louisiana)

Perez-Montes, Joseph H. L. (Louisiana)

Attorneys(s) for Plaintiff

Aguirre, Guadalupe V (New York)

Azmy, Baher (New York)

Free, Robert Andrew (Tennessee)

Guisado, Angelo R. (New York)

Jong, Jeremy (Louisiana)

Pokharel, Astha Sharma (New York)

Quigley, William Patrick (Louisiana)

Saed, Aya (New York)

Schwarz, Ghita (New York)

Shebaya, Sirine (District of Columbia)

Thomas, Brittany (New York)

Vogel, Matthew Scott (District of Columbia)

Attorneys(s) for Defendant

Byrd, Edwin Henry IV (Louisiana)

Joseph, David Cleveland (Louisiana)

Expert/Monitor/Master

Bazzano, Lydia Angela Louise (Louisiana)

Meyer, Jaimie (Connecticut)

Documents in the Clearinghouse

Document

1:20-cv-00458

Docket [PACER]

Feb. 25, 2021

Feb. 25, 2021

Docket
1

1:20-cv-00458

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

April 14, 2020

April 14, 2020

Complaint
2-2, 2-20 & 2-21

1:20-cv-00458

Plaintiffs' Memorandum of Law in Support of their Motion for a Temporary Restraining Order

U.S. District Court for the Eastern District of Louisiana

April 14, 2020

April 14, 2020

Pleading / Motion / Brief
6

1:20-cv-00458

Order Granting Motion for Briefing Schedule

April 20, 2020

April 20, 2020

Order/Opinion
8

1:20-cv-00458

Memorandum in Opposition to Motion for Temporary Restraining Order

April 22, 2020

April 22, 2020

Pleading / Motion / Brief
9

1:20-cv-00458

Plaintiffs' Reply in Support of their Motion for a Temporary Restraining Order

April 23, 2020

April 23, 2020

Pleading / Motion / Brief
17

1:20-cv-00458

Report and Recommendation

April 30, 2020

April 30, 2020

Magistrate Report/Recommendation
18

1:20-cv-00458

Respondents' Objections to Report and Recommendation

May 4, 2020

May 4, 2020

Pleading / Motion / Brief
19

1:20-cv-00458

Petitioners' Objection to the Magistrate Judge's Report and Recommendation

May 4, 2020

May 4, 2020

Pleading / Motion / Brief
24

1:20-cv-00458

Judgment

2020 WL 2614616

May 22, 2020

May 22, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17066598/dada-v-witte/

Last updated Aug. 26, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number ALAWDC-4234068) filed by Nadira Sampath Grant, Sirous Asgari, Rosabel Carrera, Pardeep Kumar, Hasan Saleh, Matilde Flores de Saavedra, Eduardo Devora Espinosa, Aracelio Rodriguez, Karthikeyan Ponnusamy, Suresh Kumar, Sonia Lemus Tejada Dejaso, Tatalu Helen Dada, Rolando Alex Colon, Abraham Gebremedhin Gebremichael, Desmond Nkobenei, Griselda del Bosque. (Attachments: # 1 Civil cover sheet)(Attorney William P Quigley added to party Rolando Alex Colon(pty:pet), Attorney William P Quigley added to party Sirous Asgari(pty:pet), Attorney William P Quigley added to party Rosabel Carrera(pty:pet), Attorney William P Quigley added to party Tatalu Helen Dada(pty:pet), Attorney William P Quigley added to party Eduardo Devora Espinosa(pty:pet), Attorney William P Quigley added to party Matilde Flores de Saavedra(pty:pet), Attorney William P Quigley added to party Abraham Gebremedhin Gebremichael(pty:pet), Attorney William P Quigley added to party Pardeep Kumar(pty:pet), Attorney William P Quigley added to party Suresh Kumar(pty:pet), Attorney William P Quigley added to party Desmond Nkobenei(pty:pet), Attorney William P Quigley added to party Karthikeyan Ponnusamy(pty:pet), Attorney William P Quigley added to party Aracelio Rodriguez(pty:pet), Attorney William P Quigley added to party Hasan Saleh(pty:pet), Attorney William P Quigley added to party Nadira Sampath Grant(pty:pet), Attorney William P Quigley added to party Sonia Lemus Tejada Dejaso(pty:pet), Attorney William P Quigley added to party Griselda del Bosque(pty:pet))(aty,Quigley, William) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER

Case Assigned/Reassigned

April 14, 2020

April 14, 2020

PACER

Motions Transferred

April 14, 2020

April 14, 2020

PACER

CASE Assigned to Judge Dee D Drell and Magistrate Judge Joseph H L Perez-Montes. (crt,Thigpen, M)

April 14, 2020

April 14, 2020

PACER
2

MOTION for Temporary Restraining Order by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Tejada Lemus Dejaso, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh, Griselda del Bosque. Motion Ripe Deadline set for 4/14/2020. (Attachments: # 1 Proposed order, # 2 Memorandum / Brief, # 3 Affidavit Vogel Declaration, # 4 Exhibit Alex Colon Declaration, # 5 Exhibit Asgari Declaration, # 6 Exhibit Carrera Declaration, # 7 Exhibit Dada Declaration, # 8 Exhibit Del Bosque Declaration, # 9 Exhibit Devora Espinosa Declaration, # 10 Exhibit Flores de Saavedra Declaration, # 11 Exhibit Gebremichael Declaration, # 12 Exhibit Pardeep Kumar Declaration, # 13 Exhibit Suresh Kumar Declaration, # 14 Exhibit Nkobenei Declaration, # 15 Exhibit Ponnusamy Declaration, # 16 Exhibit Rodriguez Declaration, # 17 Exhibit Saleh Declaration, # 18 Exhibit Sampath Grant Declaration, # 19 Exhibit Tejada Damaso Declaration, # 20 Exhibit Bazzano Declaration, # 21 Exhibit Meyer Declaration, # 22 Exhibit Axelrod Declaration, # 23 Exhibit Fernandez-Diaz Declaration, # 24 Exhibit Giardina Declaration, # 25 Exhibit Gutierrez Declaration, # 26 Exhibit Huber Declaration, # 27 Exhibit Lopez Declaration, # 28 Exhibit Nochomovitz Declaration, # 29 Exhibit Rivera Declaration, # 30 Exhibit Scott Declaration, # 31 Exhibit Trostle Declaration, # 32 Exhibit Villarreal Declaration, # 33 Exhibit Obser Declaration, # 34 Exhibit Chief Justice Ltr., # 35 Exhibit Recent Decisions)(aty,Quigley, William) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER

Motions Transferred regarding 2 MOTION for Temporary Restraining Order . Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Haik, K)

April 14, 2020

April 14, 2020

PACER
3

SUMMONS ISSUED as to U S Attorney, U S Attorney General. (crt,Whidden, C) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
4

SUMMONS ISSUED as to Matthew T Albence, David Cole, Steven DeBellevue, Keith Deville, Tim Ducote, Immigration & Customs Enforcement, Eric Staiger, Dianne Witte. (crt,Whidden, C) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
5

MOTION Set Briefing Schedule by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 4/17/2020. (Attachments: # 1 Proposed order)(aty,Vogel, Matthew) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
6

ORDER granting 5 Motion to Set Briefing Schedule. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 4/20/2020. (crt,Tice, Y) Modified on 4/23/2020 to reflect the correct motion granted. (Tice, Y). (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER

~Util - Set Motion and R&R Deadlines/Hearings

April 20, 2020

April 20, 2020

PACER

Respondents/Defendants brief due by 4/22/2020. Petitioners/Plaintiffs brief due by 4/23/2020. Oral Argument set for 4/24/2020 at 10:00 AM, by Video Teleconference, before Magistrate Judge Joseph H.L. Perez-Montes. Additional instructions to follow. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 4/20/2020. (crt,Tice, Y)

April 20, 2020

April 20, 2020

PACER
7

ELECTRONIC MINUTE ENTRY: A video conference on the 2 MOTION for Temporary Restraining Order is set for April 24, 2020 at 10:00 a.m. before Magistrate Judge Perez-Montes. All attendance at this hearing will be by video conference. A separate email will be sent to counsel of record in advance of the hearing. All counsel of record are responsible for sharing access information with represented parties, witnesses, or other persons associated with parties or witnesses that wish to attend, plaintiffs family members and making sure any witnesses are present. The public is welcome to participate via video conference and may send an email request to JPM_VTC@lawd.uscourts.gov to request access information. The access will be delivered via email to the email address from which the request originated. Those who are granted remote access to proceedings are reminded of the general prohibition against photographing, recording and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanction deemed necessary by the Court. The public is also reminded that silence must be observed by all audience members and any public outbursts will be met with immediate removal of video and audio feed Signed by Magistrate Judge Joseph H L Perez-Montes on 4/22/2020. (crt,Roaix, G) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

Minute Entry

April 22, 2020

April 22, 2020

PACER
8

RESPONSE to Motion re 2 MOTION for Temporary Restraining Order filed by Matthew T Albence, Pat Book, David Cole, Steven DeBellevue, Keith Deville, Tim Ducote, Immigration & Customs Enforcement, Eric Staiger, Dianne Witte. (Attachments: # 1 Gvmt. Ex. A, # 2 Gvmt. Ex. B)(aty,Byrd, Edwin) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
9

REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order filed by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh. (Attachments: # 1 Affidavit, # 2 Exhibit Vazquez Barrera v. Wolf, # 3 Exhibit Marlowe v. LeBlanc, # 4 Exhibit Fraihat v. U.S. ICE, # 5 Exhibit Supp. Decl. Nadira Sampath Grant, # 6 Exhibit Supp. Decl. Desmond Nkobenei, # 7 Exhibit Supp. Decl. Rolando Alex Colon, # 8 Exhibit Supp Decl. Rosabel Carrera, # 9 Exhibit Supp. Decl. Katrina Huber, # 10 Exhibit Supp Decl. Homero Lopez, # 11 Exhibit Decl. Susan E. Hassig, # 12 Exhibit Second Supp. Decl. Homer Venters, # 13 Exhibit Decl. Homer Venters)(aty,Vogel, Matthew) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
10

MOTION for Sirine Shebaya to Appear Pro Hac Vice ( Admission fee: $105, receipt number ALAWDC-4244719) by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 4/23/2020. (Attachments: # 1 Proposed order, # 2 Certificate of good standing)(aty,Vogel, Matthew) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
11

MINUTES for proceedings held before Magistrate Judge Joseph H L Perez-Montes: taking under advisement 2 Motion for TRO; MOTION HEARING held on 4/24/2020 (Court Reporter: LCR, Alexandria-3rd Flr) (crt,Roaix, G) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
14

ORDER granting 10 Motion to Appear Pro Hac Vice for appearance of Sirine Shebaya for Sirous Asgari,Sirine Shebaya for Rosabel Carrera,Sirine Shebaya for Rolando Alex Colon,Sirine Shebaya for Tatalu Helen Dada,Sirine Shebaya for Sonia Lemus Tejada Dejaso,Sirine Shebaya for Griselda Del Bosque,Sirine Shebaya for Eduardo Devora Espinosa,Sirine Shebaya for Matilde Flores de Saavedra,Sirine Shebaya for Abraham Gebremedhin Gebremichael,Sirine Shebaya for Nadira Sampath Grant,Sirine Shebaya for Pardeep Kumar,Sirine Shebaya for Suresh Kumar,Sirine Shebaya for Desmond Nkobenei,Sirine Shebaya for Karthikeyan Ponnusamy,Sirine Shebaya for Aracelio Rodriguez,Sirine Shebaya for Hasan Saleh. Signed by Magistrate Judge Joseph H L Perez-Montes on 4/24/2020. (crt,Haik, K) (Entered: 04/27/2020)

April 24, 2020

April 24, 2020

PACER
12

NOTICE of Errata by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh re 9 Reply to Response to Motion,,, (Attachments: # 1 Affidavit, # 2 Exhibit Dr. Susan E. Hassig CV)(aty,Vogel, Matthew) (Entered: 04/25/2020)

April 25, 2020

April 25, 2020

PACER
13

NOTICE of COVID-19 Medical Emergency by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh (Attachments: # 1 Exhibit Decl. of Mohammad Asgari)(aty,Vogel, Matthew) (Entered: 04/26/2020)

April 26, 2020

April 26, 2020

PACER
15

NOTICE of Update Regarding COVID-19 Medical Emergency by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh (aty,Vogel, Matthew) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
16

NOTICE of Supplemental Evidence by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh (Attachments: # 1 Affidavit, # 2 Exhibit Richwood Article, # 3 Exhibit COVID-19 Modeling Study)(aty,Vogel, Matthew) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
17

REPORT AND RECOMMENDATIONS re 2 MOTION for Temporary Restraining Order filed by Karthikeyan Ponnusamy, Abraham Gebremedhin Gebremichael, Eduardo Devora Espinosa, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Tatalu Helen Dada, Matilde Flores de Saavedra, Rosabel Carrera, Hasan Saleh, Sirous Asgari, Desmond Nkobenei, Nadira Sampath Grant, Rolando Alex Colon, Aracelio Rodriguez, Pardeep Kumar, Suresh Kumar - IT IS RECOMMENDED that the Court GRANT IN PART Petitioners Motion for Temporary Restraining Order (ECF No. 2) in the form of a PRELIMINARY INJUNCTION requiring the IMMEDIATE RELEASE of the Petitioners identified above pending resolution of their immigration proceedings or removal, and under CONDITIONS to be specified by DHS/ICE but to exclude subsequent arrest and detention, unless an identified Petitioner violates another condition of release, attempts to abscond, or commits any criminal offense. IT IS FURTHER RECOMMENDED that the Court decline to require any Petitioner released to post a bond or other security. IT IS FURTHER RECOMMENDED that the Motion for Temporary Restraining Order (ECF No. 2) be DENIED IN PART in all other respects, and as to all other Petitioners. IT IS FURTHER ORDERED that, given the urgency of the relief sought and recommended above, the objections periods set forth in 28 U.S.C. ยง 636(b)(1)(c) and Fed. R. Civ. P. 72(b) be EXPEDITED, and that any party wishing to object to this Report and Recommendation do so on or before Monday, May 4, 2020. The District Judge will consider timely objections before issuing a final ruling. A party's failure to file written objections to the proposed factual findings, conclusions, and recommendations contained in this Report and Recommendation shall bar that party from attacking either the factual findings or the legal conclusions accepted by the District Judge, except upon grounds of plain error. Objections to R&R due by 5/4/2020. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 4/30/2020. (crt,Tice, Y)(d) (Main Document 17 replaced on 4/30/2020 to make a correction on page 2) (Tice, Y). (Main Document 17 replaced on 5/1/2020 to reflect changes which Chambers requested) (Tice, Y). (Main Document 17 replaced on 5/4/2020 to correct errors) (Tice, Y). (Entered: 04/30/2020)

1 Searchable Copy of Opinion

View on PACER

April 30, 2020

April 30, 2020

RECAP
18

OBJECTION to 17 Report and Recommendations by Matthew T Albence, Pat Book, David Cole, Steven DeBellevue, Keith Deville, Tim Ducote, Immigration & Customs Enforcement, Eric Staiger, Dianne Witte. Response to Objection to R&R due by 5/18/2020 (Attachments: # 1 Memorandum / Brief, # 2 Gvmt. Ex. A)(aty,Byrd, Edwin) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
19

OBJECTION to 17 Report and Recommendations by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh. Response to Objection to R&R due by 5/18/2020 (Attachments: # 1 Affidavit, # 2 Exhibit Suppl. Decl. Sirous Asgari, # 3 Exhibit Report)(aty,Vogel, Matthew) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
20

MOTION for Leave to File Response to Respondents' Objections with consent sought but not yet obtained by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 5/5/2020. (Attachments: # 1 Proposed order)(aty,Vogel, Matthew) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER

Motions Transferred regarding 20 MOTION for Leave to File Response to Respondents' Objections with consent sought but not yet obtained . Motions referred to Judge Dee D Drell. (crt,Haik, K)

May 5, 2020

May 5, 2020

PACER
21

ORDER mooting 20 Motion for Leave to Response to Respondents' Objections to the Magistrate Judge's Report and Recommendation. Signed by Judge Dee D Drell on 5/7/2020. (crt,Haik, K) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER

Motions Transferred

May 7, 2020

May 7, 2020

PACER
22

RESPONSE TO OBJECTION to 17 Report and Recommendations by Matthew T Albence, Pat Book, David Cole, Steven DeBellevue, Keith Deville, Tim Ducote, Immigration & Customs Enforcement, Eric Staiger, Dianne Witte. (Attachments: # 1 Exhibit Declaration of Matthew Reaves)(aty,Byrd, Edwin) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
23

RESPONSE TO OBJECTION to 17 Report and Recommendations by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh. (aty,Vogel, Matthew) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
24

JUDGMENT adopting in part 17 Report and Recommendations, GRANTING IN PART AND DENYING IN PART 2 Motion for TRO. IT IS FURTHER ORDERED that the effect of this order is stayed through May 26, 2020, and to the extent necessary, this order and judgment are determined to be final and appealable. Signed by Judge Dee D Drell on 5/22/2020. (crt,Roaix, G) Modified on 5/26/2020 (Roaix, G) to correct the wording of the ruling. (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

RECAP
25

NOTICE OF APPEAL as to 24 Judgment re Report and Recommendations, Order on Report and Recommendations, Order on Motion for TRO, by Matthew T Albence, Pat Book, David Cole, Steven DeBellevue, Keith Deville, Tim Ducote, Immigration & Customs Enforcement, Eric Staiger, Dianne Witte. (Filed on behalf of USA - Filing Fee not required) (aty,Byrd, Edwin) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER

NOTICE of Appeal Transcript Order Requirement regarding 25 Notice of Appeal. Pursuant to FRAP 10(b), the Appellant must file the transcript order form regardless of whether transcripts are necessary. Access the 5th Circuit site by clicking here. Hover over the Forms Fees & Guides tab, Forms, Court Reporter Forms, Transcript Order Form.In following the instructions on the form, please note manual notification to the court reporter and the 5th Circuit Court of Appeals is STILL REQUIRED. (crt,WalkerSld, B)

June 8, 2020

June 8, 2020

PACER

Notice of Appeal Transcript Order Requirement

June 8, 2020

June 8, 2020

PACER
26

MOTION to Withdraw 25 Notice of Appeal, by Matthew T Albence, Pat Book, David Cole, Steven DeBellevue, Keith Deville, Tim Ducote, Immigration & Customs Enforcement, Eric Staiger, Dianne Witte. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 6/9/2020. (Attachments: # 1 Proposed order)(aty,Byrd, Edwin) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER

Motions Transferred regarding 26 MOTION to Withdraw 25 Notice of Appeal. Motions referred to Judge Dee D Drell. (crt,WalkerSld, B)

June 9, 2020

June 9, 2020

PACER

Motions Transferred

June 9, 2020

June 9, 2020

PACER
27

ORDER granting 26 Motion to Dismiss 25 Notice of Appeal. Signed by Judge Dee D Drell on 6/10/2020. (crt,WalkerSld, B) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

RECAP
28

SUBMISSION OF REPORT OF COMPLIANCE re 24 Judgment re Report and Recommendations by Matthew T Albence, Pat Book, David Cole, Steven DeBellevue, Keith Deville, Tim Ducote, Immigration & Customs Enforcement, Eric Staiger, Dianne Witte. (Attachments: # 1 Gvmt. Ex. A.)(aty,Byrd, Edwin) Modified to more accurately identify the pleading on 6/22/2020 (Haik, K). (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
29

Emergency MOTION for Immediate Release by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 6/23/2020. (Attachments: # 1 Proposed order)(aty,Vogel, Matthew) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
30

ORDER: IT IS ORDERED that the referral of Plaintiff Sampath Grant's "Emergency Motion to Compel Compliance and for Immediate Release" Doc 29 to Magistrate Judge Perez Montes is VACATED. The Government has until tomorrow, June 24, 2020, at 12:00 p.m. to respond to the motion (Compliance Deadline set for 6/24/2020). Signed by Judge Dee D Drell on 6/23/2020. (crt,Haik, K) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER

Motions Transferred regarding 29 Emergency MOTION for Immediate Release. Motions referred to Judge Dee D Drell. (crt,Haik, K)

June 23, 2020

June 23, 2020

PACER

Motions Transferred

June 23, 2020

June 23, 2020

PACER
31

RESPONSE to Motion re 29 Emergency MOTION for Immediate Release filed by Matthew T Albence, Pat Book, David Cole, Steven DeBellevue, Keith Deville, Tim Ducote, Immigration & Customs Enforcement, Eric Staiger, Dianne Witte. (Attachments: # 1 Exhibit A - Declaration of R. Cruz)(aty,Byrd, Edwin) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
32

REPLY to Response to Motion re 29 Emergency MOTION for Immediate Release filed by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh. (aty,Vogel, Matthew) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
33

ORDER denying 29 Motion Emergency Motion to Compel Compliance and for Immediate Release. The motion may be renewed if Nadira Sampath Grant is not deported on 6/25/20. Signed by Judge Dee D Drell on 6/24/2020. (crt,Roaix, G) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

RECAP
34

MOTION for Extend Ruling by Aracelio Rodriguez. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 6/26/2020. (Attachments: # 1 Proposed order, # 2 Affidavit Decl. Jeremy Jong)(aty,Vogel, Matthew) Modified on 6/26/2020 to correct filers and to change motion event (Williams, L). (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER

Motions Transferred regarding 34 MOTION to Extend Ruling. Motions referred to Judge Dee D Drell. (crt,Williams, L)

June 26, 2020

June 26, 2020

PACER

Motions Transferred

June 26, 2020

June 26, 2020

PACER
35

SUMMONS REISSUED as to Pat Book. (crt,Roaix, G) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
36

ORDER, Government Response due by 7/6/2020. Replies due by 7/8/2020as to 34 MOTION to Extend Ruling. Signed by Judge Dee D Drell on 7/1/2020. (crt,Roaix, G) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
37

MEMORANDUM in Opposition re 34 MOTION to Extend Ruling filed by Matthew T Albence, Pat Book, David Cole, Steven DeBellevue, Keith Deville, Tim Ducote, Immigration & Customs Enforcement, Eric Staiger, Dianne Witte. (Attachments: # 1 Exhibit Gvmt. Ex. A.)(aty,Byrd, Edwin) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
38

DEFICIENT REPLY to Response to Motion re 34 MOTION to Extend Ruling filed by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh. (Attachments: # 1 Affidavit Supp. Rodriguez Decl., # 2 Affidavit Supp. Meyer Decl., # 3 Affidavit Decl. Jeremy Jong)(aty,Vogel, Matthew) Modified to add deficiency notation on 7/9/2020 (Haik, K). Modified to indicate corrected document filed as document 40 on 7/10/2020 (Thomas, T). (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
39

NOTICE of Deficiency to Matthew Scott Vogel on behalf of Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh regarding 38 Reply to Response to Motion. Reason: Replies to response to motion are limited to 7 pages for Judge Drell and Magistrate Judge Perez-Montes. (crt,Haik, K) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
40

CORRECTIVE DOCUMENT entitled Reply to Response to Motion to Extend Ruling filed by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh regarding 38 Reply to Response to Motion,, . (Attachments: # 1 Affidavit Supp. Rodriguez Decl., # 2 Affidavit Supp. Meyer Decl., # 3 Affidavit Decl. Jeremy Jong)(aty,Vogel, Matthew) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
41

AFFIDAVIT of Service for summons and complaint served on U.S. Attorney, Respondents DeBellevue, Cole, Deville, Book, Ducote, Staiger on 7/6/2020, 7/8/2020, 7/9/2020, filed by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh. (Attachments: # 1 Exhibit, # 2 Exhibit)(aty,Vogel, Matthew) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
42

AFFIDAVIT of Service for summons and complaint served on U.S. Attorney General on July 10, 2020, filed by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh. (Attachments: # 1 Exhibit U.S. Atty. Gen. return receipt)(aty,Vogel, Matthew) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
43

AFFIDAVIT of Service for summons and complaint served on General Counsel, U.S. Dept of Homeland Security on Jul 9, 2020, filed by Sirous Asgari, Rosabel Carrera, Rolando Alex Colon, Tatalu Helen Dada, Sonia Lemus Tejada Dejaso, Griselda Del Bosque, Eduardo Devora Espinosa, Matilde Flores de Saavedra, Abraham Gebremedhin Gebremichael, Nadira Sampath Grant, Pardeep Kumar, Suresh Kumar, Desmond Nkobenei, Karthikeyan Ponnusamy, Aracelio Rodriguez, Hasan Saleh. (Attachments: # 1 Exhibit DHS service documents)(aty,Vogel, Matthew) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
44

RULING AND ORDER denying 34 Motion to Extend Ruling. Signed by Judge Dee D Drell on 8/7/2020. (crt,Roaix, G) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

RECAP
45

ORDER ORDERED that the suit is DISMISSED and the Clerk of Court shall close this case. Signed by Judge Dee D Drell on 8/14/2020. (crt,Roaix, G) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

RECAP

Case Details

State / Territory: Louisiana

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 14, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

16 medically vulnerable people detained in ICE facilities in Louisiana

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

National Immigration Project of the NLG

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement (ICE), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

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

Crowding:

Crowding / caseload

Disability:

disability, unspecified

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Granted

Mitigation Requested

Release Granted

Release granted-group

Release granted-individual

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Detention - conditions

Detention - procedures