Case: Barrera v. Wolf

4:20-cv-01241 | U.S. District Court for the Southern District of Texas

Filed Date: April 8, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a habeas action filed by four immigrants held at the Montgomery Processing Center, seeking release in light of COVID-19. The plaintiffs alleged that they were particularly vulnerable to the virus due to their medical conditions. In April, the court issued a temporary restraining order that provided for the release of one of the individual plaintiffs. In September, the court entered an order granting the plaintiffs' motion for individualized bail hearings. Three detaine…

COVID-19 Summary: This is a habeas action filed by four immigrants held at the Montgomery Processing Center, seeking release in light of COVID-19. The plaintiffs alleged that they were particularly vulnerable to the virus due to their medical conditions. In April, the court issued a temporary restraining order that provided for the release of one of the individual plaintiffs. In September, the court entered an order granting the plaintiffs' motion for individualized bail hearings. Three detainees were released in October. The defendants appealed in November. The case is ongoing.


On April 8, 2020, a group of four immigrants in detention filed this lawsuit against U.S. Immigrations and Customs Enforcement ("ICE"), ICE officials, and the warden of the Montgomery Processing Center ("MPC"). Represented by the ACLU and private counsel, the petitioners sought writs of habeas corpus under 28 U.S.C. § 2241. Alternatively, they sought declaratory and injunctive relief. Specifically, the petitioners argued that by detaining them, the defendants were subjecting them to an unreasonable risk of contracting COVID-19 in violation of the Fifth Amendment.

The case was assigned to Judge Keith P. Ellison.

On April 10, the plaintiffs filed a motion for temporary restraining order.

On April 17, Judge Ellison entered an order granting in part and denying in part the plaintiffs' motion for a temporary restraining order. 455 F.Supp.3d 330. The government was required to release one plaintiff from detention because the plaintiff did not have a history of violence, so the danger to the plaintiff in detention outweighed the public interest in safety; the court issued this order as a preliminary injunction rather than a temporary restraining order. The court declined to order the release of another plaintiff due to his history of violence and violation of previous court protective orders. Ten days later that plaintiff was transferred to a different detention facility. (The two other individual plaintiffs had already been released.)

On April 29, the plaintiffs filed an amended class action complaint with four additionally plaintiffs with medical conditions that put them at higher risk of serious illness or death if they contracted COVID-19. Two of those plaintiffs were later released on May 1. The plaintiffs also filed a motion to certify the class. The proposed class consisted of "all individuals detained at MPC who have been diagnosed with or are receiving treatment for an enumerated list of medical conditions... and/or who are over the age of 50."

The defendants filed a motion to dismiss for lack of subject matter jurisdiction on May 1 on the basis that the plaintiffs' claims were mooted after each was either transferred or released. On May 1 and 4, the plaintiffs moved to expedite discovery and to expedite relief. In the meantime, at least six detainees and five MPC staff members had tested positive for COVID-19.

On May 25, the court denied the defendants' motion to dismiss because the plaintiff that secured release through the April 17 preliminary injunction still had standing to amend the complaint since her claims had not been finally adjudicated. The court also ordered that plaintiffs submit supplemental information on the proposed class certification before the court rule on the other outstanding motions. 2020 WL 2617939.

Defendants filed another motion to dismiss the amended complaint on June 5. Plaintiffs filed a motion for a temporary restraining order on June 7 which was denied as moot on June 23. Several detainees filed an emergency motion to intervene on July 30 which was granted on August 31. The court found that the intervenors met the requirements for permissive intervention, but not intervention as of right.

The intervenors filed a complaint, adopting the prior allegations and making additional allegations, and a motion for a temporary restraining order on September 4.

On September 10, the court denied defendants' motion to dismiss and on September 21, the court declined to grant provisional class certification, but granted in part plaintiffs' motion for expedited relief and outlined a process for the parties to proceed with individualized bail hearings for plaintiffs with high risk medical conditions that did not have violent and felonious criminal histories. 2020 WL 5646138. The court noted that by July 29, the number of confirmed COVID-19 cases among detainees at MPC was reported to be 206. By August 11, defendants reported zero active cases and deaths, but the court noted that it "lack[ed] confidence in these numbers." The court also noted that "the timeline of events at MPC demonstrates that, despite the measures [d]efendants allegedly implemented, the detention facility nonetheless experienced a significant outbreak of COVID-19 while those measures were already in place."

In October, the court granted bail for three detainees and denied bail for one detainee. 2020 WL 6130717. On November 20, the defendants appealed the bail determinations and the court's September 21 order granting the plaintiffs' motion for individualized bail hearings (No. 20-20617).

The parties filed a joint stipulation on December 23, 2020 asking the court to stay consideration of discovery motions in order for the parties to seek a resolution without the court's intervention. The court granted the motion, requesting a status report by January 7, 2021.

On February 11, 2021, the defendants filed a motion to dissolve the preliminary injunction that released on of the plaintiffs and on March 26, they filed a motion to vacate the court's orders releasing various plaintiffs. The defendants also filed a notice with the court based on a recent Fifth Circuit decision in Rice v. Gonzalez, which they argued was intervening, in that the court had affirmed a denial of a writ of habeas corpus that sought release from pre-trial custody due to the COVID pandemic.

On May 28, Judge Ellison stayed consideration on the defendants' motions, finding that Rice was not intervening. 2021 WL 2188563. The court distinguished Rice, noting how the Fifth Circuit had emphasized the availability of § 1983 as a means of relief for that plaintiff, while § 1983 was not available to the plaintiffs in this case, who were not detained by a state actor. The court found that in this case, the plaintiffs were not seeking collateral relief or an injunction against their conditions of confinement, but rather about the custodial restraint upon their liberty in an area where habeas claims have historically been the strongest.

The case is ongoing.

Summary Authors

Caitlin Kierum (5/9/2020)

Chandler Hart-McGonigle (11/27/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17052143/parties/vazquez-barrera-v-mayorkas/


Judge(s)

Ellison, Keith P. (Texas)

Attorneys(s) for Plaintiff

Buser-Clancy, Thomas Paul (Texas)

Cho, Eunice (District of Columbia)

Choi, Erin (Texas)

Cruz, Bernardo Rafael (Texas)

Eidelman, Vera (New York)

Fathi, David Cyrus (District of Columbia)

Garza, Rochelle M (Texas)

Genender, Paul R (Texas)

Huddleston, Kathryn Lynn (Arizona)

Judge(s)

Ellison, Keith P. (Texas)

Attorneys(s) for Plaintiff

Buser-Clancy, Thomas Paul (Texas)

Cho, Eunice (District of Columbia)

Choi, Erin (Texas)

Cruz, Bernardo Rafael (Texas)

Eidelman, Vera (New York)

Fathi, David Cyrus (District of Columbia)

Garza, Rochelle M (Texas)

Genender, Paul R (Texas)

Huddleston, Kathryn Lynn (Arizona)

Jadwat, Omar C. (New York)

Kuhlik, Lauren (District of Columbia)

Miller, Ron (Texas)

Saldivar, Edgar (Texas)

Segura, Andre (Texas)

Tan, Michael K. T. (New York)

Zafar, Noor (New York)

Attorneys(s) for Defendant

Cravens, Annalisa L (Texas)

Hu, Daniel David (Texas)

Pineda, Christopher D. (Texas)

Other Attorney(s)

Buergel, Susanna M. (New York)

Desai, Nimish Ramesh (California)

Johnson, Darren W. (New York)

Kimball-Stanley, David C. (New York)

Turkevich, Paul Stevens (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

Barrera v. Mayorkas

June 21, 2021 Docket
1

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

April 8, 2020 Complaint
41

Memorandum and Order

455 F.Supp.3d 330, 2020 WL 1904497

April 17, 2020 Order/Opinion
79

Memorandum and Order

2020 WL 2617939

May 25, 2020 Order/Opinion
145

Memorandum and Order

2020 WL 5646138

Sept. 21, 2020 Order/Opinion
165

Memorandum and Order

2020 WL 6130717

Oct. 19, 2020 Order/Opinion
224

Memorandum and Order

Barrera v. Mayorkas

2021 WL 2188563

May 28, 2021 Order/Opinion

Resources

Title Description External URL

Vazquez Barrera et al v. Wolf et al

ACLU of Texas

The ACLU of Texas, Weil, Gotshal & Manges LLP, and ACLU National filed a lawsuit against U.S. Immigration and Customs Enforcement (ICE) and Department of Homeland Security (DHS) officials on behalf o… April 8, 2020 https://www.aclutx.org/en/cases/vazquez-barrera-et-al-v-wolf-et-al

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17052143/vazquez-barrera-v-mayorkas/

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

ECF Number Description Date Link
1

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number 0541-24525589) filed by Luis Antonio Par Alvarado, Georgina Rojas, Bassam Jebril, Roman Vazquez Barrera. (Attachments: # 1 Exhibit Declaration of Jonathan Golob, # 2 Exhibit Declaration of Joseph Amon, # 3 Exhibit Declaration of Georgina Rojas, # 4 Exhibit Declaration of Roman Vazquez Barrera, # 5 Exhibit Declaration of Bassam Jebril, # 6 Exhibit Declaration of Katharina Obser, # 7 Exhibit Declaration of Homer Venters, # 8 Exhibit Declaration of Luis Antonio Par Alvarado, # 9 Exhibit Declaration of Federico Lopez Santiago, # 10 Exhibit Declaration of Cindy Edith Ramirez, # 11 Civil Cover Sheet)(Segura, Andre) (Entered: 04/08/2020)

April 8, 2020 PACER
2

NOTICE of Setting. Parties notified. Telephone Conference set for 4/13/2020 at 02:00 PM by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 04/10/2020)

April 10, 2020 PACER
3

NOTICE of Appearance by Annalisa L. Cravens on behalf of Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf, filed. (Cravens, Annalisa) (Entered: 04/10/2020)

April 10, 2020 PACER
4

MOTION for Bernardo Rafael Cruz to Appear Pro Hac Vice by Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. Motion Docket Date 5/1/2020. (Segura, Andre) (Entered: 04/10/2020)

April 10, 2020 PACER
5

MOTION for Kathryn Huddleston to Appear Pro Hac Vice by Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. Motion Docket Date 5/1/2020. (Segura, Andre) (Entered: 04/10/2020)

April 10, 2020 PACER
6

MOTION for Eunice Cho to Appear Pro Hac Vice by Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. Motion Docket Date 5/1/2020. (Segura, Andre) (Entered: 04/10/2020)

April 10, 2020 PACER
7

MOTION for Vera Eidelman to Appear Pro Hac Vice by Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. Motion Docket Date 5/1/2020. (Segura, Andre) (Entered: 04/10/2020)

April 10, 2020 PACER
8

MOTION for David Fathi to Appear Pro Hac Vice by Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. Motion Docket Date 5/1/2020. (Segura, Andre) (Entered: 04/10/2020)

April 10, 2020 PACER
9

MOTION for Lauren Kuhlik to Appear Pro Hac Vice by Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. Motion Docket Date 5/1/2020. (Segura, Andre) (Entered: 04/10/2020)

April 10, 2020 PACER
10

MOTION for Michael Tan to Appear Pro Hac Vice by Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. Motion Docket Date 5/1/2020. (Segura, Andre) (Entered: 04/10/2020)

April 10, 2020 PACER
11

MOTION for Noor Zafar to Appear Pro Hac Vice by Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. Motion Docket Date 5/1/2020. (Segura, Andre) (Entered: 04/10/2020)

April 10, 2020 PACER
12

MOTION for Temporary Restraining Order by Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. Motion Docket Date 5/1/2020. (Attachments: # 1 Exhibit Memorandum In Support of Temporary Restraining Order, # 2 Exhibit Declaration of Julia Montiel, # 3 Exhibit Declaration of Luis Antonio Par Alvarado, # 4 Exhibit Declaration of Maria Vazquez, # 5 Exhibit Declaration of Holly Kuchera, # 6 Exhibit Declaration of Abeer Wadi, # 7 Proposed Order)(Segura, Andre) (Entered: 04/10/2020)

April 10, 2020 PACER
14

ORDER granting 6 Motion for Eunice Cho to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jdav, 4) (Entered: 04/13/2020)

April 10, 2020 PACER
15

ORDER granting 4 Motion for Bernardo Rafael Cruz to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jdav, 4) (Entered: 04/13/2020)

April 10, 2020 PACER
16

ORDER granting 7 Motion for Vera Eidelman to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jdav, 4) (Entered: 04/13/2020)

April 10, 2020 PACER
17

ORDER granting 8 Motion for David Fathi to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jdav, 4) (Entered: 04/13/2020)

April 10, 2020 PACER
18

ORDER granting 5 Motion for Kathryn Huddleston to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jdav, 4) (Entered: 04/13/2020)

April 10, 2020 PACER
19

ORDER granting 9 Motion for Lauren Kuhlik to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jdav, 4) (Entered: 04/13/2020)

April 10, 2020 PACER
20

ORDER granting 10 Motion for Michael Tan to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jdav, 4) (Entered: 04/13/2020)

April 10, 2020 PACER
21

ORDER granting 11 Motion for Noor Zafar to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jdav, 4) (Entered: 04/13/2020)

April 10, 2020 PACER
13

NOTICE by Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, filed. (Segura, Andre) (Entered: 04/11/2020)

April 11, 2020 PACER
22

RESPONSE in Opposition to 12 MOTION for Temporary Restraining Order, filed by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Exhibit Par Alvarado Order Granting Bond, # 2 Exhibit Rojas Notice to Appear, # 3 Exhibit Rojas Misdemeanor Pleas, # 4 Exhibit Rojas USCIS Notice, # 5 Affidavit Declaration of Dr. Uchenna Orazulike, # 6 Exhibit Jebril Order of Removal, # 7 Exhibit Jebril Criminal Complaint for Assault of Family Member Impeding Breathing, # 8 Exhibit Jebril Judgment of Conviction for Assault of Family Member, # 9 Exhibit Jebril Order of Protection, # 10 Exhibit Jebril Criminal Complaint for Violation of Condition of Bond, # 11 Exhibit Jebril Immigration Court decision denying cancellation of removal, # 12 Exhibit Jebril Judgment of Conviction for Violation of Protective Order, # 13 Exhibit Jebril Felony Indictment for Aggravated Sexual Assault, # 14 Exhibit Jebril Order scheduling 4-17-2020 setting in aggravated sexual assault case, # 15 Exhibit Jebril BIA decision dismissing appeal, dated 3-17-2020, # 16 Affidavit Declaration of Deportation Officer Angel Bracero, # 17 Exhibit ICE Guidance re: Custody Review, dated 4-4-2020, # 18 Exhibit N.Z.M. v. Wolf, # 19 Affidavit Declaration of Annalisa L. Cravens, # 20 Proposed Order)(Cravens, Annalisa) (Entered: 04/13/2020)

April 13, 2020 PACER
23

NOTICE of Service by Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. (Segura, Andre) (Entered: 04/13/2020)

April 13, 2020 PACER
24

Supplemental REPLY to Response to 12 MOTION for Temporary Restraining Order, filed by Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera. (Segura, Andre) (Entered: 04/13/2020)

April 13, 2020 PACER

Minute Entry for proceedings held before Judge Keith P Ellison. TELEPHONE CONFERENCE held on 4/13/2020. Motion taken under advisement. Appearances:Daniel Hu, Paul Genender, Erin Choi. Annalisa L. Cravens, Paul Stevens Turkevich, Noor Zafar, Andre Ivan Segura, Rochelle Mercedes Garza, Eunice Cho, Vera Eidelman, David Fathi, Kathryn Huddleston, Michael Tan.(Court Reporter: J. Sanchez)(Law Clerk: J. Zhang), filed.(arrivera, 4)

April 13, 2020 PACER
25

RESPONSE to Plaintiffs' Supplemental Brief [Dkt. 24], filed by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf. (Cravens, Annalisa) (Entered: 04/14/2020)

April 14, 2020 PACER
26

SEALED RESPONSE to Plaintiffs' Supplemental Brief [Dkt. 24] by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf, filed. (Cravens, Annalisa) (Entered: 04/14/2020)

April 14, 2020 PACER
27

Unopposed MOTION for Leave to File Brief of Amici Curiae Public Health & Human Rights Experts by Joseph Brick, Brie Williams, Joe Goldenson, Kathryn Hampton, filed. Motion Docket Date 5/5/2020. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Turkevich, Paul) (Entered: 04/14/2020)

April 14, 2020 PACER
28

MOTION for Susanna Buergel to Appear Pro Hac Vice by Joseph Brick, Joe Goldenson, Kathryn Hampton, Brie Williams, filed. Motion Docket Date 5/5/2020. (Turkevich, Paul) (Entered: 04/14/2020)

April 14, 2020 PACER
29

MOTION for Darren W. Johnson to Appear Pro Hac Vice by Joseph Brick, Joe Goldenson, Kathryn Hampton, Brie Williams, filed. Motion Docket Date 5/5/2020. (Turkevich, Paul) (Entered: 04/14/2020)

April 14, 2020 PACER
30

MOTION for David Kimball-Stanley to Appear Pro Hac Vice by Joseph Brick, Joe Goldenson, Kathryn Hampton, Brie Williams, filed. Motion Docket Date 5/5/2020. (Turkevich, Paul) (Entered: 04/14/2020)

April 14, 2020 PACER
31

Supplemental RESPONSE, filed by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf. (Cravens, Annalisa) (Entered: 04/14/2020)

April 14, 2020 PACER
32

NOTICE of Appearance by Rochelle Garza on behalf of Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. (Garza, Rochelle) (Entered: 04/15/2020)

April 15, 2020 PACER

Telephone Conference

April 15, 2020 PACER
33

RESPONSE to 31 Response to Defendants' Supplement, filed by Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas. (Segura, Andre) (Entered: 04/15/2020)

April 15, 2020 PACER
34

ORDER granting 27 Motion for Leave to File Brief of Amici Curiae Public Health and Human Rights Experts.(Signed by Judge Keith P Ellison) Parties notified.(rguerrero, 4) (Entered: 04/15/2020)

April 15, 2020 PACER
35

ORDER granting 28 Motion for Susanna Buergel to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jdav, 4) (Entered: 04/16/2020)

April 15, 2020 PACER
36

ORDER granting 29 Motion for Darren W. Johnson to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jdav, 4) (Entered: 04/16/2020)

April 15, 2020 PACER
37

ORDER granting 30 Motion for David Kimball-Stanley to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jdav, 4) (Entered: 04/16/2020)

April 15, 2020 PACER
38

NOTICE Regarding Receipt of Mr. Jebril's Medical Records by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf, filed. (Cravens, Annalisa) (Entered: 04/16/2020)

April 16, 2020 PACER
39

NOTICE of Appearance by Omar Jadwat on behalf of Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. (Segura, Andre) (Entered: 04/16/2020)

April 16, 2020 PACER
40

NOTICE by Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. (Segura, Andre) (Entered: 04/16/2020)

April 16, 2020 PACER
41

MEMORANDUM AND ORDER granting in part 12 MOTION for Temporary Restraining Order.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) (Entered: 04/17/2020)

April 17, 2020 RECAP

Mail Returned Undeliverable

April 23, 2020 PACER

Mail Returned Undeliverable as to attorney Bernardo Rafael Cruz as to Roman Vazquez Barrera re: 20 Order on Motion to Appear Pro Hac Vice, 17 Order on Motion to Appear Pro Hac Vice, 19 Order on Motion to Appear Pro Hac Vice, 15 Order on Motion to Appear Pro Hac Vice, 18 Order on Motion to Appear Pro Hac Vice, 16 Order on Motion to Appear Pro Hac Vice, 21 Order on Motion to Appear Pro Hac Vice, filed. (dmorales, 5)

April 23, 2020 PACER

Delivery Confirmation

April 28, 2020 PACER

***Delivery Confirmation re: 42 Document(s) Sent,, filed. (hlerma, 4)

April 28, 2020 PACER
43

NOTICE by Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. (Segura, Andre) (Entered: 04/28/2020)

April 28, 2020 PACER
44

AMENDED COMPLAINT against Matthew Albence, Joseph Brick, Patrick Contreras, Joe Goldenson, Kathryn Hampton, Randy Tate, U.S. Immigration and Customs Enforcement, Brie Williams, Chad Wolf filed by Georgina Rojas, Roman Vazquez Barrera, Luis Antonio Par Alvarado, Bassam Jebril, Maria Eugenia Escobar Milano, Phillip Bakasa, Yaneysi Diaz- Ramirez, Chenghui Gao. (Attachments: # 1 Affidavit, # 2 Exhibit Homer Venters Suppl. Declaration, # 3 Exhibit Joseph J. Amon Suppl. Decl, # 4 Exhibit Dora Schriro Decl., # 5 Exhibit Yaneysi Diaz Ramirez Decl., # 6 Exhibit Chenghui Gao Decl., # 7 Exhibit Phillip Bakasa Decl., # 8 Exhibit Maria Eugenia Escobar Milano Decl., # 9 Exhibit Phillip Bakasa Suppl. Decl.)(Segura, Andre) (Entered: 04/29/2020)

April 29, 2020 PACER
45

MOTION to Certify Class by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, filed. Motion Docket Date 5/20/2020. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A Supplemental Declaration of Attorney Holly Kuchera, # 3 B Declaration of Andre I. Segura, # 4 Proposed Order)(Genender, Paul) (Entered: 04/29/2020)

April 29, 2020 PACER
46

NOTICE of Appearance by Daniel D. Hu on behalf of Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf, filed. (Hu, Daniel) (Entered: 04/30/2020)

April 30, 2020 PACER
47

NOTICE of Appearance by Christopher D. Pineda on behalf of Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf, filed. (Pineda, Christopher) (Entered: 04/30/2020)

April 30, 2020 PACER
48

NOTICE of Certificate of Conference re: 45 MOTION to Certify Class by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. (Segura, Andre) (Entered: 04/30/2020)

April 30, 2020 PACER
49

CERTIFICATE OF SERVICE of 45 MOTION to Certify Class by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, filed.(Genender, Paul) (Entered: 04/30/2020)

April 30, 2020 PACER
50

Mail Returned Undeliverable as to attorney Lauren Kuhlik re: 35 Order on Motion to Appear Pro Hac Vice. No new address found., filed. (Attachments: # 1 Cover) (CodyArnold, 5) (Entered: 05/01/2020)

April 30, 2020 PACER
51

MOTION to Dismiss for Lack of Subject Matter Jurisdiction by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf, filed. Motion Docket Date 5/22/2020. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Cravens, Annalisa) (Entered: 05/01/2020)

May 1, 2020 PACER
52

Opposed MOTION to Strike 44 Amended Complaint/Counterclaim/Crossclaim etc.,, 45 MOTION to Certify Class by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf, filed. Motion Docket Date 5/22/2020. (Attachments: # 1 Proposed Order)(Cravens, Annalisa) (Entered: 05/01/2020)

May 1, 2020 PACER
53

NOTICE by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. (Segura, Andre) (Entered: 05/01/2020)

May 1, 2020 PACER
54

MOTION to Expedite Discovery, MOTION for Discovery( Motion Docket Date 5/22/2020.) by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. (Attachments: # 1 Proposed Order)(Segura, Andre) (Entered: 05/01/2020)

May 1, 2020 PACER
55

MEMORANDUM In Support re: 54 MOTION to Expedite Discovery MOTION for Discovery by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed.(Segura, Andre) (Entered: 05/01/2020)

May 1, 2020 PACER
56

RESPONSE in Opposition to 54 MOTION to Expedite Discovery MOTION for Discovery, filed by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Proposed Order)(Cravens, Annalisa) (Entered: 05/04/2020)

May 4, 2020 PACER
57

MOTION to Expedite Relief by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. Motion Docket Date 5/26/2020. (Attachments: # 1 Exhibit Memorandum ISO Motion to Expedite Relief, # 2 Proposed Order Proposed Order ISO Motion to Expedite Relief)(Segura, Andre) (Entered: 05/04/2020)

May 4, 2020 PACER
58

NOTICE of Appearance by Edgar Saldivar on behalf of Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. (Saldivar, Edgar) (Entered: 05/05/2020)

May 5, 2020 PACER
59

REPLY in Support of 54 MOTION to Expedite Discovery MOTION for Discovery, filed by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera. (Segura, Andre) (Entered: 05/07/2020)

May 7, 2020 PACER
60

STIPULATION re: Motion Response Deadlines by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf, filed.(Cravens, Annalisa) (Entered: 05/13/2020)

May 13, 2020 PACER
61

RESPONSE in Opposition to 51 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, 52 Opposed MOTION to Strike 44 Amended Complaint/Counterclaim/Crossclaim etc.,, 45 MOTION to Certify Class, filed by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera. (Genender, Paul) (Entered: 05/15/2020)

May 15, 2020 PACER
62

NOTICE of Setting as to 57 MOTION to Expedite Relief, 54 MOTION to Expedite Discovery MOTION for Discovery, 51 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, 52 Opposed MOTION to Strike 44 Amended Complaint/Counterclaim/Crossclaim etc.,, 45 MOTION to Certify Class . Parties notified. Motion Hearing set for 5/21/2020 at 02:30 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 05/18/2020)

May 18, 2020 PACER
63

Unopposed MOTION for Leave to File Excess Pages by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf, filed. Motion Docket Date 6/8/2020. (Attachments: # 1 Proposed Order)(Cravens, Annalisa) (Entered: 05/18/2020)

May 18, 2020 PACER
64

SEALED RESPONSE re: 57 MOTION to Expedite Relief by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Proposed Order) (Cravens, Annalisa) (Entered: 05/18/2020)

May 18, 2020 PACER
65

RESPONSE in Opposition to 57 MOTION to Expedite Relief, filed by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Proposed Order)(Cravens, Annalisa) (Entered: 05/18/2020)

May 18, 2020 PACER
66

SEALED EXHIBITS 1 through 11 and 17 through 20 re: 64 Sealed Response, 65 Response in Opposition to Motion by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Affidavit, # 10 Exhibit, # 11 Exhibit, # 12 Affidavit Exhibit 17, # 13 Affidavit Exhibit 18, # 14 Affidavit Exhibit 19, # 15 Exhibit Exhibit 20) (Cravens, Annalisa) (Entered: 05/18/2020)

May 18, 2020 PACER
67

Additional EXHIBITS re: 64 Sealed Response, 65 Response in Opposition to Motion by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf. Attached documents may be viewed in the Office of the Clerk., filed. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Cravens, Annalisa) (Entered: 05/18/2020)

May 18, 2020 PACER
68

OBJECTIONS to 57 MOTION to Expedite Relief (Defendants' Evidentiary Objections), filed by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Proposed Order)(Pineda, Christopher) (Entered: 05/18/2020)

May 18, 2020 PACER
69

ORDER granting 63 Unopposed MOTION for Leave to File Excess Pages. IS ORDERED that Defendants 64 response in opposition to Plaintiffs motion for expedited bail hearings is accepted into the record. (Signed by Judge Keith P Ellison) Parties notified.(sanderson, 4) (Entered: 05/19/2020)

May 18, 2020 PACER
70

RESPONSE to 68 Objections, to 57 MOTION to Expedite Relief (Defendants' Evidentiary Objections), filed by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera. (Genender, Paul) (Entered: 05/20/2020)

May 20, 2020 PACER
71

REPLY in Support of 51 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, filed by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Exhibit 2)(Pineda, Christopher) (Entered: 05/20/2020)

May 20, 2020 PACER
72

Unopposed MOTION for Leave to File Excess Pages by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. Motion Docket Date 6/10/2020. (Attachments: # 1 Proposed Order)(Segura, Andre) (Entered: 05/20/2020)

May 20, 2020 PACER
73

RESPONSE in Opposition to 45 MOTION to Certify Class, filed by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Affidavit Declaration of Terry Manuel, ICE ERO, # 2 Exhibit List of Pro Bono Legal Services Providers, # 3 Exhibit CDC - People Who Are At Higher Risk for COVID-19, # 4 Exhibit CDC - Mitigation Strategies - March 2020, # 5 Exhibit CDC - Mitigation Strategies - May 2020, # 6 Exhibit COVID-19 and Epilepsy, # 7 Exhibit Patients in China with Hypertension, # 8 Exhibit Int'l Society of Hypertension, # 9 Exhibit American Heart Ass'n, # 10 Exhibit American Journal of Hypertension, # 11 Exhibit Skrarupski re Aging Prison Population, # 12 Exhibit Garg re Hospitalization Rates, # 13 Exhibit Nat'l Kidney Foundation, # 14 Proposed Order)(Cravens, Annalisa) (Entered: 05/20/2020)

May 20, 2020 PACER
74

SEALED EXHIBITS Exhibit 14 re: 73 Response in Opposition to Motion,,, by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Exhibit Excerpt of Escobar Milano Medical Records) (Cravens, Annalisa) (Entered: 05/20/2020)

May 20, 2020 PACER
75

SEALED REPLY Petitioners-Plaintiffs' Reply In Support of Their Motion for Expedited Bail Hearings re: 65 Response in Opposition to Motion by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Segura, Andre) (Entered: 05/21/2020)

May 21, 2020 PACER
76

ORDER granting 72 Motion for Leave to File Excess Pages.(Signed by Judge Keith P Ellison) Parties notified.(ShoshanaArnow, 4) (Entered: 05/21/2020)

May 21, 2020 PACER

Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 5/21/2020. Argument heard on 45 Motion for Class Certification, 51 Motion to Dismiss, 52 Motion to Strike, 55 Motion for Expedited Discovery, 57 Motion for Expedited Relief. Motions taken under advisement. Appearances: Annalisa L. Cravens, Daniel David Hu, Christopher D Pineda, Andre Ivan Segura, Erin Marie Choi, Noor Zafar, Rochelle Mercedes Garza, Eunice Cho, Bernardo Rafael Cruz, Vera Eidelman, Kathryn Huddleston, Lauren Kuhlik, Michael Tan.(Court Reporter: M. Malone)(Law Clerk: J. Zhang), filed.(arrivera, 4)

May 21, 2020 PACER
77

NOTICE of Supplemental Authority by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. (Segura, Andre) (Entered: 05/22/2020)

May 22, 2020 PACER
78

SUPPLEMENT to 51 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, 52 Opposed MOTION to Strike 44 Amended Complaint/Counterclaim/Crossclaim etc.,, 45 MOTION to Certify Class by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf, filed.(Hu, Daniel) (Entered: 05/23/2020)

May 23, 2020 PACER
79

MEMORANDUM AND ORDER. Responses due by 5/28/2020.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) (Entered: 05/25/2020)

May 25, 2020 RECAP
80

NOTICE of Supplemental Authority by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. (Segura, Andre) (Entered: 05/26/2020)

May 26, 2020 PACER
81

AO 435 TRANSCRIPT REQUEST by Defendants for Transcript of MOTION HEARING held on 5/21/2020 Judge Keith Ellison. 3-Day turnaround requested. Court Reporter/Transcriber: Mayra Malone, filed. (Cravens, Annalisa) (Entered: 05/28/2020)

May 28, 2020 PACER
82

RESPONSE to 79 Memorandum and Order, filed by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Affidavit Declaration of Terry Manuel)(Cravens, Annalisa) (Entered: 05/28/2020)

May 28, 2020 PACER

Motion Hearing

May 28, 2020 PACER
83

RESPONSE to 77 Notice (Other), 80 Notice (Other), filed by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Exhibit, # 2 Exhibit)(Cravens, Annalisa) (Entered: 05/29/2020)

May 29, 2020 PACER
84

NOTICE of Supplemental Authority by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Exhibit Sanchez v. Brown (N.D. Tex.), # 2 Exhibit Provines v. Wilson (N.D. Tex.), # 3 Exhibit Tendo v. Rodriguez (S.D. Tex.))(Cravens, Annalisa) (Entered: 05/29/2020)

May 29, 2020 PACER
85

REPLY in Support of 45 MOTION to Certify Class, filed by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera. (Segura, Andre) (Entered: 05/30/2020)

May 30, 2020 PACER
86

Supplemental RESPONSE to 79 Memorandum and Order, filed by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Affidavit)(Cravens, Annalisa) (Entered: 06/01/2020)

June 1, 2020 PACER
87

SEALED EX PARTE DOCUMENT by U.S. Immigration and Customs Enforcement, filed. (rwestmoreland, 4) (Entered: 06/01/2020)

June 1, 2020 PACER
88

MOTION to Compel Production of Ex Parte Filing by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. Motion Docket Date 6/23/2020. (Attachments: # 1 Proposed Order)(Segura, Andre) (Entered: 06/02/2020)

June 2, 2020 PACER
89

RESPONSE in Opposition to 88 MOTION to Compel Production of Ex Parte Filing, filed by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Proposed Order)(Cravens, Annalisa) (Entered: 06/03/2020)

June 3, 2020 PACER
90

REPLY in Support of 88 MOTION to Compel Production of Ex Parte Filing, filed by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera. (Segura, Andre) (Entered: 06/04/2020)

June 4, 2020 PACER
91

NOTICE of Setting as to 88 MOTION to Compel Production of Ex Parte Filing. Parties notified. Motion Hearing set for 6/8/2020 at 03:30 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 06/05/2020)

June 5, 2020 PACER
92

MOTION to Dismiss 44 Amended Complaint/Counterclaim/Crossclaim etc.,, as to all claims except Bakasa's individual claim under 8 U.S.C. 1231 by Matthew Albence, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad Wolf, filed. Motion Docket Date 6/26/2020. (Attachments: # 1 Proposed Order)(Cravens, Annalisa) (Entered: 06/05/2020)

June 5, 2020 PACER
93

MOTION for Temporary Restraining Order by Phillip Bakasa, Yaneysi Diaz- Ramirez, Maria Eugenia Escobar Milano, Chenghui Gao, Bassam Jebril, Luis Antonio Par Alvarado, Georgina Rojas, Roman Vazquez Barrera, filed. Motion Docket Date 6/29/2020. (Attachments: # 1 Exhibit Memorandum In Support of Temporary Restraining Order, # 2 Exhibit Declaration of Phillip Bakasa, # 3 Exhibit Declaration of Francisca Bakasa, # 4 Proposed Order)(Segura, Andre) (Entered: 06/07/2020)

June 7, 2020 PACER

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 8, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four immigrants held at the Montgomery Processing Center. Proposed Class: "all individuals detained at MPC who have been diagnosed with or are receiving treatment for an enumerated list of medical conditions... and/or who are over the age of 50."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Immigration and Customs Enforcement, Federal

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

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

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Habeas Corpus

Sanitation / living conditions

Totality of conditions

COVID-19:

Mitigation Granted

Mitigation Requested

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