Case: Amezcua v. Garcia

5:20-cv-00054 | U.S. District Court for the Southern District of Texas

Filed Date: April 17, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a habeas petition and a complaint for injunctive relief brought on behalf of three immigration detainees confined in detention centers in Texas. The petitioners alleged that as people who were particularly vulnerable to the virus due to their age and serious medical conditions, they were exposed to a heightened risk of COVID-19. Plaintiffs filed a stipulation of dismissal on December 24, 2020. We presume the case to be closed. On April 15, 2020, three immigration detai…

COVID-19 Summary: This is a habeas petition and a complaint for injunctive relief brought on behalf of three immigration detainees confined in detention centers in Texas. The petitioners alleged that as people who were particularly vulnerable to the virus due to their age and serious medical conditions, they were exposed to a heightened risk of COVID-19. Plaintiffs filed a stipulation of dismissal on December 24, 2020. We presume the case to be closed.


On April 15, 2020, three immigration detainees filed this lawsuit against the Department of Homeland Security, U.S. Immigration and Customs Enforcement, and various detention center officers. Represented by private counsel, the Texas Civil Rights Project, Texas RioGrande Legal Aid, and the Mexican American Legal Defense and Educational Fund, the petitioners sought writs of habeas corpus under 28 U.S.C. § 2241 and declaratory and injunctive relief. Specifically, they alleged that the defendants were subjecting them to punishment in a way that violated their Fifth Amendment due process rights and violating the Rehabilitation Act by not taking into account their vulnerability to severe illness or death, denying them soap, hand sanitizer, and other hygiene products, failing to clean common items and surfaces, detaining them in crowded conditions that precluded social distancing, and failing to screen incoming detainees and officers for COVID-19 before entering the detention centers. The case was assigned to Judge Marina Garcia Marmolejo and Magistrate Judge John A. Kazen.

The defendants filed a motion to dismiss on April 24, arguing that the plaintiffs could not bring conditions of confinement claims in a habeas action, and that the alleged violations they had plead were not unconstitutional. Later, the Court granted the defendants motion to sever one of the plaintiffs from the case, as he was detained at a separate facility and therefore lacked any connection to the facility in question.

On July 31, 2020, the plaintiffs moved for a temporary restraining order, and on August 13, 2020, the defendants filed a response.

On December 24, 2020, the plaintiffs filed a stipulation of dismissal. However on February 3, 2021, the defendants filed a notice of binding authority. The Clearinghouse does not have access to these documents at this time, and presumes the case to be closed.

Summary Authors

Caitlin Kierum (7/30/2020)

Justin Hill (10/25/2020)

Zofia Peach (2/4/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17071689/parties/olvera-amezcua-v-garcia/


Judge(s)

Garcia Marmolejo, Marina (Texas)

Attorneys(s) for Plaintiff

Garcia, Carlos Moctezuma (Texas)

Hatoum, Daniel (Texas)

Maldonado, Javier N (Texas)

McGraw, Peter Eammon (Texas)

Menendez, Fatima (Texas)

O'Connor, Carolyn (Texas)

Olivares, Efren Carlos (Texas)

Perales, Nina (Texas)

Sheff, Rebecca (Texas)

Judge(s)

Garcia Marmolejo, Marina (Texas)

Attorneys(s) for Plaintiff

Garcia, Carlos Moctezuma (Texas)

Hatoum, Daniel (Texas)

Maldonado, Javier N (Texas)

McGraw, Peter Eammon (Texas)

Menendez, Fatima (Texas)

O'Connor, Carolyn (Texas)

Olivares, Efren Carlos (Texas)

Perales, Nina (Texas)

Sheff, Rebecca (Texas)

Udelsman, Andrew (Texas)

Attorneys(s) for Defendant

Cravens, Annalisa L (Texas)

Patrick, Ryan K. (Texas)

Wiley, Ariel Nicole (Texas)

Expert/Monitor/Master

Kazen, George P. (Texas)

Documents in the Clearinghouse

Document

5:20-cv-00054

Docket [PACER]

Feb. 3, 2021

Feb. 3, 2021

Docket
1

5:20-cv-00054

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

Marroquin v. Longoria

April 15, 2020

April 15, 2020

Complaint
14 (& 14-1 to 14-3)

5:20-cv-00054

Defendants' Motion to Dismiss and Response to Giorge Gonzalez's and Rafael Olvera's Petitions for Immediate Injunctive Relief

Marroquin v. Longoria

April 24, 2020

April 24, 2020

Pleading / Motion / Brief
16 (& 16-1 to 16-3)

5:20-cv-00054

Defendants' Motion to Dismiss and Response to Raul Garza Marroquin's Petitions for Immediate Injunctive Relief

Marroquin v. Longoria

April 24, 2020

April 24, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17071689/olvera-amezcua-v-garcia/

Last updated Aug. 5, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number 0541-24552727) filed by Giorge Gonzalez, Rafael Olvera Amezcua, Raul Garza Marroquin. (Attachments: # 1 Civil Cover Sheet)(McGraw, Peter) (Entered: 04/15/2020)

1 Civil Cover Sheet

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April 15, 2020

April 15, 2020

PACER
2

MOTION for Daniel Hatoum to Appear Pro Hac Vice by Raul Garza Marroquin, Giorge Gonzalez, Rafael Olvera Amezcua, filed. Motion Docket Date 5/7/2020. (Perales, Nina) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

RECAP
3

MOTION for Fatima Menendez to Appear Pro Hac Vice by Raul Garza Marroquin, Giorge Gonzalez, Rafael Olvera Amezcua, filed. Motion Docket Date 5/7/2020. (Perales, Nina) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
4

ORDER granting 2 Motion for Daniel Hatoum to Appear Pro Hac Vice. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5) (Main Document 4 replaced on 4/30/2020) (JessicaGRodriguez, 5). (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
5

ORDER granting 3 Motion for Fatima Menendez to Appear Pro Hac Vice. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5) (Main Document 5 replaced on 4/30/2020) (JessicaGRodriguez, 5). (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
6

ORDER. Respondents are ORDERED to file an answer or other appropriate responsive pleading no later than April 24, 2020. Petitioners may file a reply by April 27, 2020. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(EricaLopez, 5) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
7

Request for Issuance of Summons as to Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Continuation, # 2 Continuation, # 3 Continuation, # 4 Continuation, # 5 Continuation, # 6 Continuation)(McGraw, Peter) (Entered: 04/17/2020)

1 Continuation

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2 Continuation

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3 Continuation

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4 Continuation

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5 Continuation

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6 Continuation

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April 17, 2020

April 17, 2020

PACER
8

NOTICE of Appearance by Efren Carlos Olivares on behalf of Raul Garza Marroquin, filed. (Olivares, Efren) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER

Summons Issued/Not Issued

April 20, 2020

April 20, 2020

PACER

Summons Issued as to Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf. Issued summons delivered to plaintiff by First-class mail, filed.(sgonzalez, 5)

April 20, 2020

April 20, 2020

PACER
9

NOTICE of Appearance by Andrew Udelsman on behalf of Raul Garza Marroquin, filed. (Udelsman, Andrew) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
10

MOTION for Carolyn O'Connor to Appear Pro Hac ViceMotions referred to John A Kazen. by Raul Garza Marroquin, filed. Motion Docket Date 5/12/2020. (Olivares, Efren) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

RECAP
11

ORDER granting 10 Motion for Carolyn O'Connor to Appear Pro Hac Vice. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
12

Opposed MOTION for DiscoveryMotions referred to John A Kazen. by Raul Garza Marroquin, Giorge Gonzalez, Rafael Olvera Amezcua, filed. Motion Docket Date 5/13/2020. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Garcia, Carlos) (Entered: 04/22/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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April 22, 2020

April 22, 2020

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13

Opposed MOTION to Sever Mr. Garza Marroquin and Transfer His Petition to the Brownsville DivisionMotions referred to John A Kazen. by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. Motion Docket Date 5/14/2020. (Attachments: # 1 Affidavit, # 2 Exhibit Notice to Appear, # 3 Proposed Order)(Cravens, Annalisa) (Entered: 04/23/2020)

1 Affidavit

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2 Exhibit Notice to Appear

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3 Proposed Order

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April 23, 2020

April 23, 2020

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14

MOTION to Dismiss 1 Petition for Writ of Habeas Corpus and Response to Gonzalez's and Olvera's Petitions for Immediate Injunctive Relief Motions referred to John A Kazen. by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. Motion Docket Date 5/15/2020. (Attachments: # 1 Exhibit Exhibit 13 (unsealed), # 2 Exhibit Exhibit 14 (unsealed), # 3 Proposed Order)(Wiley, Ariel) (Entered: 04/24/2020)

1 Exhibit Exhibit 13 (unsealed)

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2 Exhibit Exhibit 14 (unsealed)

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3 Proposed Order

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April 24, 2020

April 24, 2020

RECAP
15

SEALED EXHIBITS 1 through 12 re: 14 MOTION to Dismiss 1 Petition for Writ of Habeas Corpus and Response to Gonzalez's and Olvera's Petitions for Immediate Injunctive Relief by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Exhibit Ex. 1 Gonzalez Medical Records, # 2 Exhibit Ex. 2 Gonzalez Letter Dated 4-6-2020, # 3 Exhibit Ex. 3 Gonzalez Immigration Files, # 4 Affidavit Ex. 4 Cerna Declaration, # 5 Affidavit Ex. 5 Aleman Declaration, # 6 Exhibit Ex. 6 Olvera Webb County Medical Records, # 7 Exhibit Ex. 7 Olvera Pearsall Medical Records, # 8 Exhibit Ex. 8 Olvera Immigration Files, # 9 Affidavit Ex. 9 Cerna Declaration II, # 10 Affidavit Ex. 10 Warden Garcia Declaration and Attachments, Part I, # 11 Affidavit Ex. 10 Warden Garcia Declaration Attachments Part II, # 12 Affidavit Ex. 11 Dr. Ivens Declaration, # 13 Affidavit Ex. 12 Huron Declaration) (Wiley, Ariel) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
16

MOTION to Dismiss 1 Petition for Writ of Habeas Corpus and Response to Garza's Petition for Immediate Injunctive Relief Motions referred to John A Kazen. by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. Motion Docket Date 5/15/2020. (Attachments: # 1 Exhibit Exhibit 6 (Unsealed), # 2 Exhibit Exhibit 7 (Unsealed), # 3 Proposed Order)(Wiley, Ariel) (Entered: 04/24/2020)

1 Exhibit Exhibit 6 (Unsealed)

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2 Exhibit Exhibit 7 (Unsealed)

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3 Proposed Order

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April 24, 2020

April 24, 2020

PACER
17

SEALED EXHIBITS 1 through 5 re: 16 MOTION to Dismiss 1 Petition for Writ of Habeas Corpus and Response to Garza's Petition for Immediate Injunctive Relief by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Exhibit Ex. 1 Garza A-File, # 2 Exhibit Ex. 2 Garza Criminal Records, # 3 Exhibit Ex. 3 Garza Medical Records, # 4 Affidavit Ex. 4 Dr. Cantu Declaration, # 5 Affidavit Ex. 5 Longoria Declaration) (Wiley, Ariel) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
18

NOTICE of Appearance by Javier N. Maldonado on behalf of Rafael Olvera Amezcua, filed. (Maldonado, Javier) (Entered: 04/25/2020)

April 25, 2020

April 25, 2020

PACER
19

Unopposed MOTION for Extension of Time TO FILE A RESPONSE TO THE GOVERNMENTS MOTION TO DISMISSMotions referred to John A Kazen. by Raul Garza Marroquin, Giorge Gonzalez, Rafael Olvera Amezcua, filed. Motion Docket Date 5/18/2020. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 04/27/2020)

1 Proposed Order

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April 27, 2020

April 27, 2020

PACER
20

ORDER granting 19 Motion for Extension of Time. Petitioners may file a response to Respondents motion to dismiss by May 15, 2020. Respondents may file a reply by May 29, 2020..(Signed by Judge Marina Garcia Marmolejo) Parties notified.(EricaLopez, 5) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
21

RESPONSE in Opposition to 13 Opposed MOTION to Sever Mr. Garza Marroquin and Transfer His Petition to the Brownsville Division, filed by Raul Garza Marroquin, Giorge Gonzalez, Rafael Olvera Amezcua. (Attachments: # 1 Proposed Order)(Olivares, Efren) (Entered: 04/27/2020)

1 Proposed Order

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April 27, 2020

April 27, 2020

PACER
22

NOTICE of Supplemental Declaration by Robert L. Cerna by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Affidavit Supplemental Declaration by Robert L. Cerna)(Cravens, Annalisa) (Entered: 04/27/2020)

1 Affidavit Supplemental Declaration by Robert L. Cerna

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April 27, 2020

April 27, 2020

PACER
23

NOTICE of Appearance by Rebecca Sheff on behalf of Giorge Gonzalez, filed. (McGraw, Peter) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
24

RESPONSE in Opposition to 12 Opposed MOTION for Discovery, filed by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Proposed Order)(Wiley, Ariel) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
25

ORDER granting 13 Motion to Sever. Petitioner Raul Garza Marroquin's case is TRANSFERRED to the Brownsville Division of the Southern District of Texas. Petitioner's Amezcua and Gonzalez's claims remain pending in this Court..(Signed by Judge Marina Garcia Marmolejo) Parties notified.(sgonzalez, 5) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

RECAP
26

Unopposed MOTION for Leave to File Excess PagesMotions referred to John A Kazen. by Giorge Gonzalez, Rafael Olvera Amezcua, filed. Motion Docket Date 6/5/2020. (Attachments: # 1 Proposed Order)(McGraw, Peter) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
27

RESPONSE in Opposition to 14 MOTION to Dismiss 1 Petition for Writ of Habeas Corpus and Response to Gonzalez's and Olvera's Petitions for Immediate Injunctive Relief, filed by Giorge Gonzalez, Rafael Olvera Amezcua. (Attachments: # 1 Proposed Order)(McGraw, Peter) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
28

SEALED EXHIBITS re: 27 Response in Opposition to Motion, by Giorge Gonzalez, Rafael Olvera Amezcua, filed. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D) (McGraw, Peter) (Attachment 1 replaced on 5/21/2020) (JessicaGRodriguez, 5). (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
29

ORDER granting 26 Motion for Leave to File Excess Pages.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(EricaLopez, 5) (Entered: 05/17/2020)

May 17, 2020

May 17, 2020

PACER
30

REPLY in Support of 14 MOTION to Dismiss 1 Petition for Writ of Habeas Corpus and Response to Gonzalez's and Olvera's Petitions for Immediate Injunctive Relief, filed by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Wiley, Ariel) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
31

NOTICE of Supplemental Authority by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Exhibit 1)(Wiley, Ariel) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
32

Other EXHIBITS re: 27 Response in Opposition to Motion, by Rafael Olvera Amezcua. Attached documents may be viewed in the Office of the Clerk., filed.(Perales, Nina) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
33

NOTICE of Filing of Corrected Exhibit to Petitioner's Response in Opposition to Respondent's Motion to Dismiss by Rafael Olvera Amezcua, filed. (Perales, Nina) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
34

Unopposed MOTION to Amend Motions referred to John A Kazen. by Rafael Olvera Amezcua, filed. Motion Docket Date 7/14/2020. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
35

ORDER granting 34 Motion to Amend the Case Caption. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(dmorales, 5) (Entered: 06/24/2020)

June 23, 2020

June 23, 2020

PACER
36

NOTICE of Supplemental Authorities by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Wiley, Ariel) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
37

NOTICE of Plaintiff Gonzalez's Duplicative Case Filing in 5:20-cv-119 by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Cravens, Annalisa) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
38

RESPONSE to 37 Notice (Other), of Duplicative Filing, filed by Giorge Gonzalez. (McGraw, Peter) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
39

NOTICE OF SUPPLEMENTAL AUTHORITY by Rafael Olvera Amezcua, filed. (Perales, Nina) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
40

Opposed MOTION for Temporary Restraining OrderMotions referred to John A Kazen. by Giorge Gonzalez, filed. Motion Docket Date 8/21/2020. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Proposed Order)(McGraw, Peter) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
41

Unopposed MOTION for Leave to File Supplemental ExhibitMotions referred to John A Kazen. by Giorge Gonzalez, filed. Motion Docket Date 9/1/2020. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(McGraw, Peter) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
42

RESPONSE in Opposition to 40 Opposed MOTION for Temporary Restraining Order, filed by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order)(Wiley, Ariel) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
43

REPLY to 42 Response in Opposition to Motion, for Temporary Restraining Order and Preliminary Injunction, filed by Giorge Gonzalez. (McGraw, Peter) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
44

STIPULATION of Dismissal by Giorge Gonzalez, filed.(McGraw, Peter) (Entered: 12/24/2020)

Dec. 24, 2020

Dec. 24, 2020

PACER
45

NOTICE of Binding Authority by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Exhibit 1)(Wiley, Ariel) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
46

ADVISORY - The parties have filed a Joint Stipulation of Dismissal Giorge Gonzalez's claims without prejudice 44 . The Clerk of Court is DIRECTED to terminate Plaintiff Gonzalez' from the docket. Gonzalez' pending motion for temporary restraining order and preliminary injunction 40 is DENIED as MOOT. Petitioner Olvera Amezcua's claims remain pending. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(mmarquez, 5) (Entered: 03/23/2021)

March 23, 2021

March 23, 2021

PACER
47

MEMORANDUM AND ORDER The Court DISMISSES the 1 Petition for a writ of habeas corpus and GRANTS the 14 Motion to dismiss Plaintiffs other claims. Allremaining motions in this matter are hereby DENIED as MOOT. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(gsalinas, 5)

March 29, 2021

March 29, 2021

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 17, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

3 immigrant detainees in detention centers in Texas

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement, Federal

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

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

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Bathing and hygiene

Conditions of confinement

Habeas Corpus

Over/Unlawful Detention

Sanitation / living conditions

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - criteria

Detention - procedures

Undocumented immigrants - rights and duties