Case: Roman v. Wolf

5:20-cv-00768 | U.S. District Court for the Central District of California

Filed Date: April 13, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a representative habeas action filed by immigrant detainees in the Adelanto ICE Processing Center, seeking writs of habeas corpus in light of COVID-19. The plaintiffs alleged that everyone at the detention center was particularly vulnerable to contracting the virus because the tight quarters in the detention center made it impossible to implement social distancing. The district court entered a preliminary injunction on April 23, which was stayed by the Ninth Circuit an…

COVID-19 Summary: This is a representative habeas action filed by immigrant detainees in the Adelanto ICE Processing Center, seeking writs of habeas corpus in light of COVID-19. The plaintiffs alleged that everyone at the detention center was particularly vulnerable to contracting the virus because the tight quarters in the detention center made it impossible to implement social distancing. The district court entered a preliminary injunction on April 23, which was stayed by the Ninth Circuit and later remanded to the district court on September 23.


On April 13, 2020, a group of immigrant detainees filed this lawsuit against the Department of Homeland Security, U.S. Immigration and Customs Enforcement, and the warden of the Adelanto ICE Processing Center in the U.S. District Court for the Central District of California. Represented by private counsel, the petitioners sought writs of habeas corpus under 28 U.S.C. § 2241. In combination with their habeas petition, they also filed a complaint seeking injunctive and declaratory relief. Specifically, they alleged that their continued detention in Adelanto was a violation of their substantive due process rights under the Fifth Amendment, which guaranteed them protections against exposure to infectious disease.

Immediately, the plaintiffs filed a motion to certify the class as well as for temporary restraining orders as to why a preliminary injunction should not be issued regarding each of the three named plaintiffs.

The plaintiffs filed a notice of related cases, requesting this action to be related to the following cases: 5:20-cv-00605, 5:20-cv-00590, 5:20-cv-00617, 5:20-cv-00626, 5:20-cv-00627, 5:20-cv-00646, 5:20-cv-00650, 5:20-cv-00653, 5:20-cv-00668.

On April 14, the plaintiffs filed a motion for a preliminary injunction, requesting an order that would implement a system for class-wide relief or mandate that ICE implement social distancing measures necessary to protect the individuals in custody.

The case was assigned to District Judge Terry J. Hatter, Jr. and Magistrate Judge Pedro V. Castillo.

On April 16, Judge Hatter, Jr. entered a temporary restraining order for each of the named plaintiffs, authorizing their release from custody and ordered that the defendants must show cause as to why the court should not issue a preliminary injunction by April 24.

On April 23, Judge Hatter, Jr. provisionally certified the class to include all those who were currently detained at Adelanto, or had been detained thereafter March 23, 2020, and appointed the ACLU of Southern California as the class counsel.

Judge Hatter, Jr. also issued a preliminary injunction on April 23, requiring the defendants to:

-Not accept any new detainees at Adelanto

-Reduce the detainee population to a level that allows detainees to maintain social distancing of 6 feet from each other at all times by May 4

-Require staff and detainees to maintain 6 feet of distance whenever possible

-Clean and disinfect common areas and shared items on a regular basis (multiple times throughout each 24 hour period)

-Provide sufficient cleaning equipment and supplies for detainees to clean their own areas once a day

-Limit sleeping rooms/cells that have toilets without integrated lids to single occupancy

-Require all staff to wear masks and gloves at all times

-Require all detainees to wear masks, and provide gloves to those who wish to wear them

-Provide soap or hand sanitizer and paper towels to detainees

-Propose a plan for population reduction and cleaning procedures that comply with the injunction

Judge Hatter, Jr. stated that if the defendants failed to comply with any of the injunction's requirements, the court would consider the immediate release of class members. Regarding the related cases, the order stated that any class member who had been released from this order or a previously filed case would remain released, but that no additional injunctions would be entered for class members that had filed separate cases.

The defendants appealed to the Ninth Circuit on April 24, challenging the class certification order, preliminary injunction and related findings in the case (docket no. 20-55436). The Ninth Circuit issued an administrative stay, which temporarily stayed the lower court's preliminary injunction.

On May 5, the Ninth Circuit stayed the lower court's preliminary injunction to the extent that it went beyond the Center for Disease Control and Prevention's guidelines for correctional and detention facilities for managing COVID-19.

On June 5, the plaintiffs filed a motion for class-wide bail, which Judge Hatter granted on June 17, granting class-wide bail and stating that the court would make individualized bail determinations for each class member. 2020 WL 3481564.

On June 19, Judge Hatter issued an order, implementing a process for individualized bail determinations for each class member, which required the defendants to create a spreadsheet including information about each detainee, weekly updates, and notice to class members. 2020 WL 3487632. The defendants appealed to the Ninth Circuit (docket No. 20-55662), which granted an administrative stay of the June 17 bail order and June 19 bail process on July 1. However, on July 8, the Ninth Circuit denied the defendant's motion, stating that the district court's individualized determinations were consistent with processes of other district courts. Back in the district court, Judge Hatter, Jr. continued the individualized bail process and granted bail for various class members.

On August 10, the plaintiffs filed a motion to enforce the preliminary injunction's CDC Guidance provision and a separate motion for non-provisional class certification. In their motion for class certification, they relied on the provisional certification order, arguing that circumstances were still the same. That same day, the defendants filed a motion to dismiss and on August 24, the defendants filed a motion in opposition to the plaintiffs' motion to enforce. On August 31, the defendants filed a motion in opposition to the non-provisional class certification motion, arguing that the plaintiffs had failed to establish commonality, typicality and adequacy.

On September 16, upon learning of a COVID-19 outbreak at the detention center, the plaintiffs filed an ex parte application for temporary restraining order in the district court, seeking the court to compel testing of all detainees and for isolation of all detainees with positive test results. The court denied the application and, separately, stated that any previous bail orders releasing detainees who were still in the detention center were stayed - so as not to release a COVID-positive detainee into the community. The plaintiffs filed a motion for reconsideration on September 18.

On September 22, Judge Hatter, Jr. entered 2 orders. The first, denied reconsideration of the September 17 order, stating that since "the Ninth Circuit stayed the preliminary injunction, the Court cannot, now, order the Government to isolate detainees in single occupant cells because such order would contravene the stay," despite the fact that the court "does not disagree that the Government's procedures were inadequate." The second order granted class certification. Judge Hatter, Jr. stated that the reasons each class member was being detained was immaterial to the certification decision -- ultimately, the question before the court for each class member was whether their conditions of confinement were in violation of their Fifth Amendment substantive due process rights; the statutory authority for detention, bail status or other variances between class members did not destroy their ability to be certified as a class.

On September 23, the Ninth Circuit issued a Memorandum Opinion regarding the provisional class certification and preliminary injunction issues that the defendants had appealed in April. The circuit court held that the district court did not abuse its discretion by issuing a preliminary injunction and that the court had subject matter jurisdiction. However, since several months had passed and situations had evolved in the detention center, the Ninth Circuit vacated many of the preliminary injunction's provisions - including the CDC provision - and remanded the matter with instructions to issue an updated preliminary injunction. 2020 WL 5683233.

On September 25, Judge Hatter, Jr. issued an order denying the plaintiffs' motion to enforce the preliminary injunction and the defendants' motion to dismiss. Judge Hatter, Jr. stated that given the Ninth Circuit's September 23 opinion, the plaintiffs' motion to enforce was now moot. Furthermore, the defendant's arguments in their motion to dismiss -- namely that the district court did not have subject matter jurisdiction and that the class had not been fully certified -- had now been foreclosed.

Judge Hatter issued a modified preliminary injunction and additional findings of fact on September 29. 2020 WL 5797918. He ordered the government to provide a detailed population reduction plan to ensure detainees could maintain six feet of social distance at all times, and further ordered the government not to accept any new or transfer detainees in Adelanto. Judge Hatter also ordered the government to cease using HDQ Neutral, a toxic disinfectant, in housing units. Finally, the government was ordered to provide census data of all Adelanto detainees and update that report weekly. The defendants appealed this order to the Ninth Circuit. On October 13, the Ninth Circuit in a per curiam opinion affirmed in part and reversed in part the district court's order. 2020 WL 6040125. The Ninth Circuit held that the district court had authority to issue the injunctive relief, but found that, due to the rapidly evolving circumstances, the reductions in detainee population must be reconsidered. On remand, the Ninth Circuit advised the district court to avoid micromanaging the administration of conditions at Adelanto and stated that "any new provisions of future injunctive relief should stem from medical evidence properly before the court."

In addition to the census report, the district court also ordered the government to provide a daily status report that listed the number of COVID-positive and COVID-negative detainees in each housing unit. On October 15, Judge Hatter issued another order concerning the population reduction plan in which he expressed frustration with the defendants disregard for procedural rules. 2020 WL 6107069. Judge Hatter ordered the government to reduce the population of Adelanto by at least 50 detainees each day by either releasing or deporting detainees until the population is at most 475 people. Judge Hatter appointed Chief Magistrate Judge Patrick Walsh to act as a Special Master to monitor and enforce the government's compliance with with the injunctive relief.

Throughout October, Judge Hatter routinely issued bail orders directing the defendants to release specific class members. As of November 3, the case remains ongoing.

Summary Authors

Caitlin Kierum (9/27/2020)

Justin Hill (11/3/2020)

Related Cases

Castillo v. Barr, Central District of California (2020)

Rodriguez v. Wolf, Central District of California (2020)

Reina Moran v. U.S. Department of Homeland Security, Central District of California (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17066052/parties/kelvin-hernandez-roman-v-chad-f-wolf/


Judge(s)

Castillo, Pedro V. (California)

Collins, Daniel Paul (California)

Friedland, Michelle Taryn (California)

Hatter, Terry J. Jr. (California)

Miller, Eric David (Washington)

Nguyen, Jacqueline Hong-Ngoc (California)

Silverman, Barry G. (Arizona)

Watford, Paul Jeffrey (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bansal, Jessica Karp (California)

Judge(s)

Castillo, Pedro V. (California)

Collins, Daniel Paul (California)

Friedland, Michelle Taryn (California)

Hatter, Terry J. Jr. (California)

Miller, Eric David (Washington)

Nguyen, Jacqueline Hong-Ngoc (California)

Silverman, Barry G. (Arizona)

Watford, Paul Jeffrey (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bansal, Jessica Karp (California)

Barnett, Amanda (California)

Berdahl, Charles A (District of Columbia)

Cammack, Jessie Alice (California)

Chia, Liga (California)

Chin, Roger J (California)

Cho, Michelle (California)

Deger-Sen, Samir (District of Columbia)

Friedman, William M. (District of Columbia)

Kaufman, Michael Bryan (California)

Kaufman [inactive], Michael (California)

Tomberlin, James (California)

Upshaw, Margaret A (California)

Virgien, Kyle A. (California)

Attorneys(s) for Defendant

Bates, Christopher A (District of Columbia)

Beck, Daniel A (California)

Burrelle, Hillary Morgan (California)

Chen, Hans (District of Columbia)

Davis, Ethan P. (District of Columbia)

Dichter, Anna (District of Columbia)

Kurz, Julian (District of Columbia)

Lane, William Kerwin III (District of Columbia)

Mercado-Santana, Victor M. (District of Columbia)

Peachey, William Charles (District of Columbia)

Robins, Jeffrey S (District of Columbia)

Stewart, Scott Grant (District of Columbia)

Wilson, Sarah S. (District of Columbia)

Windrow, Hayden (District of Columbia)

Other Attorney(s)

Comstock, Hannah Karin (California)

Glazer, Nicolette (California)

Groendyke, Emily Jane (California)

Motlagh, Jasmin F (California)

O'Connor, William V Jr (California)

Soni, Munmeeth Kaur (California)

Trigilio, Joseph A (California)

Expert/Monitor/Master

Matz, Joshua Adam (New York)

Walsh, Patrick J. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 2, 2020 Docket
8 & 8-1

Miguel Angel Aguilar Estrada's Ex Parte Application for Temporary Restraining Order

April 13, 2020 Pleading / Motion / Brief
5 (& 5-1 to 5-2)

Petitioners'-Plaintiffs' Notice of Motion and Motion for Provisional Class Certification

April 13, 2020 Pleading / Motion / Brief
1

Petition for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief

April 13, 2020 Complaint
6 & 6-1

Beatriz Andrea Forero Chavez's Ex Parte Application for Temporary Restraining Order

April 13, 2020 Pleading / Motion / Brief
7 & 7-1

Kelvin Hernandez Roman's Ex Parte Application for Temporary Restraining Order

April 13, 2020 Pleading / Motion / Brief
9 (& 9-1 to 9-13)

Petitioners'-Plaintiffs' Notice of Motion and Motion for Preliminary Injunction

April 14, 2020 Pleading / Motion / Brief
34

Temporary Restraining Order and Order to Show Cause

April 16, 2020 Order/Opinion
33

Temporary Restraining Order and Order to Show Cause

April 16, 2020 Order/Opinion
53

Findings of Fact and Conclusions of Law

2020 WL 1952656

April 23, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17066052/kelvin-hernandez-roman-v-chad-f-wolf/

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

ECF Number Description Date Link
1

PETITION for Writ of Habeas Corpus and COMPLAINT by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-26069838 for $5 filing fee, filed by plaintiffs Kelvin Hernandez Roman, Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez. (Attorney Amanda Barnett added to party Miguel Aguilar Estrada(pty:pla), Attorney Amanda Barnett added to party Beatriz Andrea Forero Chavez (pty:pla), Attorney Amanda Barnett added to party Kelvin Hernandez Roman(pty:pla))(Barnett, Amanda) Modified on 5/8/2020 (shb). (Entered: 04/13/2020)

April 13, 2020 RECAP
2

CIVIL COVER SHEET filed by Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Barnett, Amanda) (Entered: 04/13/2020)

April 13, 2020 PACER
3

NOTICE of Related Case(s) filed by plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. Related Case(s): 5:20-cv-00605-TJH; 5:20-cv-00590-TJH; 5:20-cv-00617-TJH; 5:20-cv-00625-TJH; 5:20-cv-00626-TJH; 5:20-cv-00627-TJH; 5:20-cv-00646-TJH; 5:20-cv-00650-TJH; 5:20-cv-00653-TJH; and 5:20-cv-00668-TJH (Barnett, Amanda) (Entered: 04/13/2020)

April 13, 2020 PACER
4

NOTICE of Interested Parties filed by plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, identifying Kelvin Hernandez Roman; Miguel Aguilar Estrada; Beatriz Andrea Forero Chavez; Chad F. Wolf; Matthew T. Albence; David Marin; and James Janecka. (Barnett, Amanda) (Entered: 04/13/2020)

April 13, 2020 RECAP
5

NOTICE OF MOTION AND MOTION to Certify Class / Notice of Motion and Motion for Provisional Class Certification filed by plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Memorandum of Points and Authorities in Support, # 2 Declaration of Jessica K. Bansal, # 3 Proposed Order) (Barnett, Amanda) (Entered: 04/13/2020)

1 Memorandum of Points and Authorities in Support

View on RECAP

2 Declaration of Jessica K. Bansal

View on RECAP

3 Proposed Order

View on RECAP

April 13, 2020 PACER
6

EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Beatriz Andrea Forero Chavez filed by plaintiff Beatriz Andrea Forero Chavez. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order, # 3 Proposed Order to Show Cause) (Barnett, Amanda) (Entered: 04/13/2020)

1 Memorandum of Points and Authorities

View on RECAP

2 Proposed Order

View on RECAP

3 Proposed Order to Show Cause

View on RECAP

April 13, 2020 PACER
7

EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Kelvin Hernandez Roman filed by plaintiff Kelvin Hernandez Roman. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order, # 3 Proposed Order to Show Cause) (Barnett, Amanda) (Entered: 04/13/2020)

1 Memorandum of Points and Authorities

View on RECAP

2 Proposed Order

View on PACER

3 Proposed Order to Show Cause

View on RECAP

April 13, 2020 PACER
8

EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Miguel Aguilar Estrada filed by plaintiff Miguel Aguilar Estrada. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order, # 3 Proposed Order to Show Cause) (Barnett, Amanda) (Entered: 04/13/2020)

1 Memorandum of Points and Authorities

View on RECAP

2 Proposed Order

View on PACER

3 Proposed Order to Show Cause

View on RECAP

April 13, 2020 PACER
9

NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion filed by plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Robert B. Greifinger, MD, # 3 Declaration of Todd William Schneberk, MD, # 4 Declaration of Christina Avalos, # 5 Declaration of Ruth Calvillo, # 6 Declaration of Erika Roman, # 7 Declaration of Lesly Gaona, # 8 Declaration of Charleston Edward Dacoff, # 9 Declaration of Jose Antonio Hernandez Velasquez, # 10 Declaration of Luis Lopez Salgado, # 11 Declaration of Paola Rayon Vite, # 12 Declaration of Jose Neftali Robles Rodriguez, # 13 Declaration of Jessica Karp Bansal, # 14 Proposed Order) (Barnett, Amanda) (Entered: 04/14/2020)

1 Memorandum of Points and Authorities

View on RECAP

2 Declaration of Robert B. Greifinger, MD

View on RECAP

3 Declaration of Todd William Schneberk, MD

View on RECAP

4 Declaration of Christina Avalos

View on RECAP

5 Declaration of Ruth Calvillo

View on RECAP

6 Declaration of Erika Roman

View on RECAP

7 Declaration of Lesly Gaona

View on RECAP

8 Declaration of Charleston Edward Dacoff

View on RECAP

9 Declaration of Jose Antonio Hernandez Velasquez

View on RECAP

10 Declaration of Luis Lopez Salgado

View on RECAP

11 Declaration of Paola Rayon Vite

View on RECAP

12 Declaration of Jose Neftali Robles Rodriguez

View on RECAP

13 Declaration of Jessica Karp Bansal

View on RECAP

14 Proposed Order

View on RECAP

April 14, 2020 RECAP
10

EX PARTE APPLICATION to Expedite hearing on Emergency Motions for Provisional Class Certification and Class-wide Preliminary Injunction filed by plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order) (Barnett, Amanda) (Entered: 04/14/2020)

1 Proposed Order

View on PACER

April 14, 2020 PACER
11

PROOF OF SERVICE filed by plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re EX PARTE APPLICATION to Expedite hearing on Emergency Motions for Provisional Class Certification and Class-wide Preliminary Injunction 10, EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Kelvin Hernandez Roman 7, EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Miguel Aguilar Estrada 8, EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Beatriz Andrea Forero Chavez 6 served on 04/14/2020. (Barnett, Amanda) (Entered: 04/14/2020)

April 14, 2020 PACER
12

NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Terry J. Hatter, Jr and referred to Magistrate Judge Pedro V. Castillo, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (car) (Entered: 04/14/2020)

April 14, 2020 PACER
13

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Samir Deger-Sen. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 04/14/2020)

April 14, 2020 PACER
14

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney William M. Friedman. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 04/14/2020)

April 14, 2020 PACER
15

Notice of Appearance or Withdrawal of Counsel: for attorney Amanda Barnett counsel for Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. Adding Amanda Barnett as counsel of record for Kelvin Hernandez Roman, Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez for the reason indicated in the G-123 Notice. Filed by Petitioners Kelvin Hernandez Roman, Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez. (Barnett, Amanda) (Entered: 04/14/2020)

April 14, 2020 PACER
16

Notice of Appearance or Withdrawal of Counsel: for attorney Jessie Alice Cammack counsel for Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. Adding Jessie Alice Cammack as counsel of record for Kelvin Hernandez Roman, Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez for the reason indicated in the G-123 Notice. Filed by Petitioners Kelvin Hernandez Roman, Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez. (Cammack, Jessie) (Entered: 04/14/2020)

April 14, 2020 PACER
17

APPLICATION of Non-Resident Attorney William M. Friedman to Appear Pro Hac Vice on behalf of Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26079941) filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order) (Barnett, Amanda) (Entered: 04/14/2020)

April 14, 2020 PACER
18

APPLICATION of Non-Resident Attorney Samir Deger-Sen to Appear Pro Hac Vice on behalf of Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26080030) filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order) (Barnett, Amanda) (Entered: 04/14/2020)

April 14, 2020 PACER
19

MINUTE IN CHAMBERS - NEW CASE BEFORE JUDGE HATTER: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judges initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents. Judge Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be reached at (213) 894-5276. Counsel shall not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda_skipper@cacd.uscourts.gov, with appropriate inquiries. Judge Hatters courtroom is located on the 9th Floor, at 350 W. 1st Street, United States Courthouse, Courtroom,No. 9B. Respondents are to file their opposition to the Temporary Restraining Order by no later than 5 pm, April 15, 2020. See order for further details. (shb) (Entered: 04/14/2020)

April 14, 2020 PACER
20

ORDER by Judge Terry J. Hatter, Jr: Granting 17 Non-Resident Attorney William M Friedman APPLICATION to Appear Pro Hac Vice on behalf of Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, designating Amanda Barnett as local counsel. (shb) (Entered: 04/14/2020)

April 14, 2020 PACER
21

ORDER by Judge Terry J. Hatter, Jr: Granting 18 Non-Resident Attorney Samir Deger-Sen APPLICATION to Appear Pro Hac Vice on behalf of Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, designating Amanda Barnett as local counsel. (shb) (Entered: 04/14/2020)

April 14, 2020 PACER
22

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Petitioners, or counsel, shall file, as soon as possible, supplemental declarations setting forth the address of where each Petitioner would reside, with whom each Petitioner would reside, and how each Petitioner would be transported to each residence, if the Court grants the requested relief. After filing, a copy of the declarations shall be emailed to TJH_chambers@cacd.uscourts.gov. (shb) (Entered: 04/14/2020)

April 14, 2020 PACER
23

Joint STIPULATION to Expedite BRIEFING SCHEDULE ON EMERGENCY MOTIONS FOR PROVISIONAL CLASS CERTIFICATION AND CLASS-WIDE PRELIMINARY INJUNCTIVE RELIEF filed by Plaintiffs-Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order)(Bansal, Jessica) (Entered: 04/14/2020)

April 14, 2020 PACER
24

Notice of Appearance or Withdrawal of Counsel: for attorney Daniel A Beck counsel for Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. Adding Daniel A. Beck as counsel of record for Chad R. Wolf, Acting Secretary, U.S. Dep't of Homeland Security; Matthew T. Albence, Deputy Director and Senior Official Performing the Duties of the Director, U.S. ICE; David Marin, Director of Los Angeles Field Office, ERO; and James Janecka, in his official capacity as Warden for the reason indicated in the G-123 Notice. Filed by Respondents Chad R. Wolf, Acting Secretary, U.S. Dep't of Homeland Security; Matthew T. Albence, Deputy Director and Senior Official Performing the Duties of the Director, U.S. ICE; David Marin, Director of Los Angeles Field Office, ERO; and James Janecka, in his official capacity as Warden. (Attorney Daniel A Beck added to party Matthew T. Albence(pty:res), Attorney Daniel A Beck added to party James Janecka(pty:res), Attorney Daniel A Beck added to party David Marin(pty:res), Attorney Daniel A Beck added to party Chad F. Wolf(pty:res))(Beck, Daniel) (Entered: 04/14/2020)

April 14, 2020 PACER
25

ORDER by Judge Terry J. Hatter, Jr: The Court has considered the stipulation regarding Petitioners' ex parte application to expedite the hearing on Petitioners; motion for provisional class certification and a class-wide preliminary injunction. IT IS ORDERED that Respondents' opposition papers, if any, shall be filed by 2:00 p.m. on April 18, 2020, and Petitioners' reply papers, if any shall be filed by 9:00 p.m. on April 20, 2020; the motions will then stand submitted without arguments. IT IS FURTHER ORDERED that the parties shall file proposed Findings of Fact and Conclusions of Law for the class-wide preliminary injunction by Noon on April 21, 2020. (shb) (Entered: 04/15/2020)

April 14, 2020 PACER
26

DECLARATION of Jessica Karp Bansal re Minutes of In Chambers Order/Directive - no proceeding held,, 22 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Bansal, Jessica) (Entered: 04/15/2020)

April 15, 2020 PACER
27

OPPOSITION re: EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Kelvin Hernandez Roman 7 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration of Rogelio Torres, # 2 Declaration of Gabriel Valdez, # 3 Declaration of Daniel A. Beck)(Attorney Hillary Morgan Burrelle added to party Matthew T. Albence(pty:res), Attorney Hillary Morgan Burrelle added to party James Janecka(pty:res), Attorney Hillary Morgan Burrelle added to party David Marin(pty:res), Attorney Hillary Morgan Burrelle added to party Chad F. Wolf(pty:res))(Burrelle, Hillary) (Entered: 04/15/2020)

April 15, 2020 PACER
28

OPPOSITION re: EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Miguel Aguilar Estrada 8 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration of Gil O. Montes, # 2 Declaration of Gabriel Valdez, # 3 Declaration of Daniel A. Beck)(Burrelle, Hillary) (Entered: 04/15/2020)

April 15, 2020 PACER
29

OPPOSITION re: EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Beatriz Andrea Forero Chavez 6 Declaration of Yestin Cuesta, Declaration of Gabriel Valdez, and Declaration of Daniel A. Beck filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration of Yestin Cuesta, # 2 Declaration of Gabriel Valdez, # 3 Declaration of Daniel A. Beck)(Beck, Daniel) (Entered: 04/15/2020)

April 15, 2020 PACER
30

REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Miguel Aguilar Estrada 8 filed by Petitioner Miguel Aguilar Estrada. (Bansal, Jessica) (Entered: 04/15/2020)

April 15, 2020 PACER
31

REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Kelvin Hernandez Roman 7 filed by Petitioner Kelvin Hernandez Roman. (Bansal, Jessica) (Entered: 04/15/2020)

April 15, 2020 PACER
32

REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Beatriz Andrea Forero Chavez 6 filed by Petitioner Beatriz Andrea Forero Chavez. (Bansal, Jessica) (Entered: 04/15/2020)

April 15, 2020 PACER
33

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr. It is Ordered that the application for a temporary restraining order be, and hereby is, Granted. It is further Ordered that Respondents shall, by 5:00 p.m. on April 17, 2020, release Petitioner Beatriz Andrea Forero Chavez from custody pending further order of this Court. It is further Ordered that Petitioner shall not violate any federal, state or local laws after released from custody pursuant to this order. It is further Ordered that Respondents shall show cause, if they have any, as to why the Court should not issue a preliminary injunction in this case. Respondents response, if any, to this order to show cause shall be filed by Noon on April 24, 2020. Petitioners reply, if any, to Respondents response shall be filed by Noon on April 29, 2020. The matter will then stand submitted. (shb) (Entered: 04/16/2020)

April 16, 2020 RECAP
34

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr. Based on the incorporated factual and legal grounds, and the facts and arguments presented, here, It is Ordered that the application for a temporary restraining order be, and hereby is, Granted. It is further Ordered that Respondents shall, by 5:00 p.m. on April 17, 2020, release Petitioner Miguel Aguilar Estrada from custody pending further order of this Court. It is further Ordered that Petitioner shall not violate any federal, state or local laws, or use or possess alcohol or illegal drugs after released from custody pursuant to this order. It is further Ordered that Respondents shall show cause, if they have any, as to why the Court should not issue a preliminary injunction in this case. Respondents response, if any, to this order to show cause shall be filed by Noon on April 24, 2020. Petitioners reply, if any, to Respondents response shall be filed by Noon on April 29, 2020. The matter will then stand submitted. (shb) (Entered: 04/16/2020)

April 16, 2020 RECAP
35

SEALED - TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE 7 (bm) (Entered: 04/16/2020)

April 16, 2020 PACER
36

NOTICE of Appearance filed by attorney Jeffrey S Robins on behalf of Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf (Attorney Jeffrey S Robins added to party Matthew T. Albence(pty:res), Attorney Jeffrey S Robins added to party James Janecka(pty:res), Attorney Jeffrey S Robins added to party David Marin(pty:res), Attorney Jeffrey S Robins added to party Chad F. Wolf(pty:res))(Robins, Jeffrey) (Entered: 04/18/2020)

April 18, 2020 PACER
37

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 9 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration, # 2 Evidentiary Objections)(Robins, Jeffrey) (Entered: 04/18/2020)

April 18, 2020 PACER
38

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class / Notice of Motion and Motion for Provisional Class Certification 5 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration, # 2 Evidentiary Objections)(Robins, Jeffrey) (Entered: 04/18/2020)

April 18, 2020 PACER
39

NOTICE of errata filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Exhibit)(Robins, Jeffrey) (Entered: 04/18/2020)

April 18, 2020 PACER
40

REPLY in support of NOTICE OF MOTION AND MOTION to Certify Class / Notice of Motion and Motion for Provisional Class Certification 5 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Declaration of Munmeeth Kaur Soni in Support)(Barnett, Amanda) (Entered: 04/20/2020)

April 20, 2020 PACER
41

NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 9 (Attachments: # 1 [Alternate Proposed] Order Granting Motion for Preliminary Injunction, # 2 [Second Alternate Proposed] Order Granting Motion for Preliminary Injunction, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(Barnett, Amanda) (Entered: 04/20/2020)

April 20, 2020 PACER
42

REPLY in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 9 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Supplemental Declaration of Todd William Schneberk, M.D., # 2 Supplemental Declaration of Robert B. Greifinger, M.D., # 3 March 31, 2020 Declaration of Robert B. Greifinger, M.D., # 4 Declaration of Kelvin Estiven Hernandez Roman, # 5 Declaration of Miguel Aguilar Estrada, # 6 Declaration of Beatriz Forero Chavez)(Barnett, Amanda) (Entered: 04/20/2020)

April 20, 2020 PACER
43

NOTICE OF LODGING filed re Order,,, Set/Reset Deadlines,,, Set/Reset Motion Hearing and R&R Deadlines,, 25 (Attachments: # 1 Proposed Findings of Fact and Conclusions of Law)(Bansal, Jessica) (Entered: 04/21/2020)

April 21, 2020 PACER
44

NOTICE Proposed Findings of Fact and Conclusions of Law filed by Defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Robins, Jeffrey) (Entered: 04/21/2020)

April 21, 2020 PACER
45

NOTICE OF LODGING filed of Amendments to Original Proposed Order re NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 9 (Attachments: # 1 Exhibit A - Amended Original Proposed Order, # 2 Exhibit B - Alternate Proposed Order, # 3 Exhibit C - Second Alternate Proposed Order)(Bansal, Jessica) (Entered: 04/21/2020)

April 21, 2020 PACER
46

EX PARTE APPLICATION to Strike New and Amended Proposed Orders, Additonal Declarations, and Arguments Based Thereon Notice of Lodging, 41, Reply (Motion related), 40, Reply (Motion related),, 42, Notice of Lodging, 45 filed by Defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Robins, Jeffrey) (Entered: 04/21/2020)

April 21, 2020 PACER
47

OPPOSITION re: EX PARTE APPLICATION to Strike New and Amended Proposed Orders, Additonal Declarations, and Arguments Based Thereon Notice of Lodging, 41, Reply (Motion related), 40, Reply (Motion related),, 42, Notice of Lodging, 45 46 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Barnett, Amanda) (Entered: 04/22/2020)

April 22, 2020 PACER
48

NOTICE of Appearance (Mercado-Santana, Victor) (Entered: 04/22/2020)

April 22, 2020 PACER
49

MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: the defendant's ex-parte application 46 to strike is hereby denied and grants leave to file a sur-reply. The sur-reply must be filed by no later than 10am PST on April 23, 2020. (jp) (Entered: 04/22/2020)

April 22, 2020 PACER
50

Sur-Reply re NOTICE OF MOTION AND MOTION to Certify Class / Notice of Motion and Motion for Provisional Class Certification 5, NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 9 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration)(Robins, Jeffrey) (Entered: 04/23/2020)

April 23, 2020 PACER
51

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance 48 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Notices Notice of Appearance or Withdrawal of Counsel (G-123). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 04/23/2020)

April 23, 2020 PACER
52

PROVISIONAL CLASS CERTIFICATION ORDER, 5 by Judge Terry J. Hatter, Jr: It is Ordered that the motion to provisionally certify this case as a Fed. R. Civ. P. 23(b)(2) class action be, and hereby is, Granted. It is further Ordered that the class shall be defined to include all people who: (1) Are currently detained in civil immigration detention at the Adelanto Immigration and Customs Enforcement Processing Center; (2) Were detained in civil immigration detention at the Adelanto Immigration and Customs Enforcement Processing Center at any time between March 23, 2020, and the final disposition of this case but have been transferred by BICE to another immigration detention facility, regardless of whether the other detention facility is within the Central District of California; or (3) Were detained in civil immigration detention at the Adelanto Immigration and Customs Enforcement Processing Center at any time between March 23, 2020, and the final disposition of this case but have been released pursuant to a temporary restraining order, a preliminary injunction, or other temporary release order issued by this Court. It is further Ordered that Petitioners be, and hereby are, Appointed to represent the class. It is further Ordered that Ahilan Arulanantham, Jessica Karp Bansal, Michelle (Minju) Cho and Michael Kaufmann, all of the ACLU of Southern California, be, and hereby are, Appointed as class counsel. It is further Ordered that the related cases of class members who have previously filed, or who will file, their own cases seeking habeas relief, injunctive relief and/or declaratory relief regarding the conditions of their confinement at Adelanto related to COVID-19 be, and hereby are, Stayed pending resolution of this class action. The Court will issue stay orders in those related cases. (shb) (Entered: 04/23/2020)

April 23, 2020 RECAP
53

FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge Terry J. Hatter, Jr. See order for details. (shb) (Entered: 04/23/2020)

April 23, 2020 RECAP
54

RESPONSE filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolfto Temporary Restraining Order,,,, Order to Show Cause,,, 33, Order on Motion for Temporary Restraining Order 35, Temporary Restraining Order,,,,, Order to Show Cause,,,, 34 AS TO WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED (Burrelle, Hillary) (Entered: 04/23/2020)

April 23, 2020 PACER
55

PRELIMINARY INJUNCTION, 9 by Judge Terry J. Hatter, Jr.: IT IS ORDERED that the motion be, and hereby is GRANTED. IT S FURTHER ORDERED that the basis for this Preliminary Injunction is set forth separately issued Findings of Fact and Conclusions of Law. IT IS FURTHER ORDERED that Respondents' request for a stay of this Preliminary Injunction pending appeal, be and hereby is DENIED. IT IS FURTHER ORDERED that, pending a final resolution of this case or further order fo the Court; 1. Adelanto shall not accept any new detainees. 2. Respondents shall immediately reduce the detainee population at the Adelanto Immigration and Customs Enforcement Processing Center [Adelanto] to such a level that would allow the remaining detainees to maintain a social distance of 6 feet from each other at all times and at all places, including while sleeping, eating, showering, and going about other daily activities, except when there is a medical necessity or a safety emergency. 3. Respondents shall begin to reduce Adelantos detainee population forthwith and shall complete the task by May 4, 2020. The Court will not issue any additional Temporary Restraining Orders or Preliminary Injunctions for class members in separately filed cases as this class action was certified as a no opt out class action under Fed. R Civ. P. 23(b)(2). Class counsel shall, with the cooperation of Respondents, provide the best notice possible regarding the certification of this class action and the issuance of this Preliminary Injunction to class members, and their separate counsel, for those class members who may have separate counsel. No bond shall be required for this Preliminary Injunction. See order for further details. (shb) (Entered: 04/23/2020)

April 23, 2020 RECAP
56

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. Appeal of Order on Motion to Certify Class Action,,,,,,, 52, Preliminary Injunction,,,,,, 55, Findings of Fact & Conclusions of Law 53 . (Appeal Fee - Not Required for US Goverment.) (Attachments: # 1 Exhibit Order-Class Certification, # 2 Exhibit PI Findings of Fact Conclusions of Law, # 3 Exhibit Order - Preliminary Injunction)(Mercado-Santana, Victor) (Entered: 04/24/2020)

April 24, 2020 PACER
57

REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals,, 56 . (Mercado-Santana, Victor) (Entered: 04/24/2020)

April 24, 2020 PACER
58

NOTICE regarding Plaintiffs attempts to comply with preliminary injunction filed by Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibit)(Bansal, Jessica) (Entered: 04/24/2020)

April 24, 2020 PACER
60

NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55436 assigned to Notice of Appeal to 9th Circuit Court of Appeals,, 56 as to respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (mat) (Entered: 04/27/2020)

April 24, 2020 PACER
59

RESPONSE filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolfto Notice (Other) 58 (Attachments: # 1 Declaration)(Robins, Jeffrey) (Entered: 04/25/2020)

April 25, 2020 PACER
61

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 56 filed by David Marin, Chad F. Wolf, Matthew T. Albence, James Janecka. CCA # 20-55436. The court has received appellants' emergency motion for an administrative stay and appellees opposition. The request for an immediate administrative stay is granted. The district court's April 23, 2020 preliminary injunction order is temporarily stayed pending further court order. [See document for all details.] (mat) (Entered: 04/27/2020)

April 25, 2020 PACER
62

REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Kelvin Hernandez Roman 7, EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Miguel Aguilar Estrada 8, EX PARTE APPLICATION for Temporary Restraining Order as to why a Preliminary Injunction should not be issued regarding Plaintiff-Petitioner Beatriz Andrea Forero Chavez 6 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Bansal, Jessica) (Entered: 04/29/2020)

April 29, 2020 PACER
63

REPLY filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman to Temporary Restraining Order,,,, Order to Show Cause,,, 33, Order on Motion for Temporary Restraining Order 35, Temporary Restraining Order,,,,, Order to Show Cause,,,, 34 (Bansal, Jessica) (Entered: 04/29/2020)

April 29, 2020 PACER
64

NOTICE OF ERRATA filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. correcting Reply (Motion related),, 62 (Bansal, Jessica) (Entered: 04/29/2020)

April 29, 2020 PACER
65

DESIGNATION of Record on Appeal by defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf re 56 (Mercado-Santana, Victor) (Entered: 05/01/2020)

May 1, 2020 PACER
66

Joint STIPULATION for Order TO MODIFY CONDITIONS OF RELEASE SET FORTH IN TEMPORARY RESTRAINING ORDER FOR PETITIONER-PLAINTIFF KELVIN HERNANDEZ ROMAN filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Declaration, # 2 Proposed Order)(Bansal, Jessica) (Entered: 05/01/2020)

May 1, 2020 PACER
67

SCHEDULING ORDER by Judge Terry J. Hatter, Jr: After reviewing the case file, the Court sets the following briefing schedule on the class's petition for writ of habeas corpus; The Government's opposition to the petition shall be filed by May 12, 2020. Petitioners' reply shall be filed by May 15, 2020. The matter will then stand submitted. (shb) (Entered: 05/05/2020)

May 5, 2020 PACER
68

Order

May 5, 2020 PACER
70

SEALED SEALED DOCUMENT-ORDER GRANTING JOINT STIPULATION TO MODIFY CONDITIONS OF RELEASE SET FORTH IN TEMPORARY RESTRAINING ORDER FOR PETITIONER-PLAINTIFF KELVIN HERNANDEZ ROMAN 66 by Judge Terry J. Hatter, Jr, (pj) (Entered: 05/06/2020)

May 5, 2020 PACER
73

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 56 filed by David Marin, Chad F. Wolf, Matthew T. Albence, James Janecka. CCA # 20-55436. Appellants' Emergency Motion for Stay Pending Appeal is granted in part and denied in part. The district court's preliminary injunction is stayed, except as follows: [See document]. The motion of Nikolas Bowie and others to file a brief amicus curiae in opposition to the motion to stay is granted. [See document for complete details.] (mat) (Entered: 05/08/2020)

May 5, 2020 PACER
69

Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus, 1 filed by Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Barnett, Amanda) (Entered: 05/06/2020)

May 6, 2020 PACER
71

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Summons Request 69 . The following error(s) was/were found: Summons are not issued on Petitions for Writ of Habeas Corpus In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 05/07/2020)

May 7, 2020 PACER
72

EX PARTE APPLICATION to Expedite Discovery filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Memorandum, # 2 Bansal Declaration and Exhibits, # 3 Proposed Order) (Bansal, Jessica) (Entered: 05/07/2020)

May 7, 2020 PACER
74

NOTICE filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. PETITIONERS-PLAINTIFFS' NOTICE OF FILING AMENDED EXPEDITED INTERROGATORIES, AMENDED EXPEDITED REQUESTS FOR PRODUCTION AND AMENDED PROPOSED ORDER GRANTING EX PARTE APPLICATION FOR EXPEDITED DISCOVERY (Attachments: # 1 Exhibits A-C)(Bansal, Jessica) (Entered: 05/08/2020)

May 8, 2020 PACER
75

Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus,, 1 filed by Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Barnett, Amanda) (Entered: 05/08/2020)

May 8, 2020 PACER
76

60 DAY Summons Issued re Petition for Writ of Habeas Corpus and Complaint, 1 as to Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (shb) (Entered: 05/08/2020)

May 8, 2020 PACER
77

Opposition opposition re: EX PARTE APPLICATION to Expedite Discovery 72 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration)(Mercado-Santana, Victor) (Entered: 05/08/2020)

May 8, 2020 PACER
78

REPLY in support of EX PARTE APPLICATION to Expedite Discovery 72 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Bansal, Jessica) (Entered: 05/09/2020)

May 9, 2020 PACER
79

ORDER by Judge Terry J. Hatter, Jr: Re EX PARTE APPLICATION FOR EXPEDITED DISCOVERY, 72 . IT IS ORDERED that the application is GRANTED. IT IS FURTHER ORDERED that, if Respondents have any objections to the nature of Petitioners' early discovery requests, Respondents should follow Local Rule 37 to raise objections, on an expedited basis, with Magistrate Judge Pedro V. Castillo. IT IS FURTHER ORDERED that the Court will entertain a stipulation or application to modify the briefing schedule on Petitioners' writ of habeas corpus to permit Judge Castillo sufficient time to consider any discovery dispute or discovery scheduling issue. (shb) (Entered: 05/11/2020)

May 11, 2020 RECAP
80

Joint STIPULATION for Order Modifying Briefing Schedule filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Robins, Jeffrey) (Entered: 05/12/2020)

May 12, 2020 PACER
81

ORDER RE: JOINT STIPULATION TO MODIFY BRIEFING SCHEDULE ON PETITIONERS WRIT OF HABEAS CORPUS [ECF NO. 67] 80 by Judge Terry J. Hatter, Jr. IT IS HEREBY ORDERED that the Parties Joint Stipulation is GRANTED as follows: 1. Respondents response to the petition for a writ of habeas corpus will be due on May 15, 2020. 2. Petitioners reply will be due May 21, 2020. (shb) (Entered: 05/14/2020)

May 14, 2020 RECAP
82

**STRICKEN PER ORDER 84 ANSWER to Petition for Writ of Habeas Corpus,, 1 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration Declaration of Gabriel Valdez)(Robins, Jeffrey) Modified on 5/20/2020 (yl). (Entered: 05/15/2020)

May 15, 2020 PACER
83

EX PARTE APPLICATION to Lift Stay re Class Member Jeronimo Osorio's Case filed by Plaintiffs-Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Arulanantham, Ahilan) (Entered: 05/19/2020)

May 19, 2020 PACER
84

MINUTES: IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the answer 82 is hereby stricken from the record. Respondent may re-file the answer as a separate document and may re-file a noticed motion to dismiss with a hearing date, which will be then taken under submission as of the hearing date selected. IT IS SO ORDERED. (yl) (Entered: 05/20/2020)

May 19, 2020 RECAP
85

ANSWER to Petition for Writ of Habeas Corpus,, 1 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration)(Robins, Jeffrey) (Entered: 05/20/2020)

May 20, 2020 PACER
86

OPPOSITION re: EX PARTE APPLICATION to Lift Stay re Class Member Jeronimo Osorio's Case 83 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Beck, Daniel) (Entered: 05/20/2020)

May 20, 2020 PACER
87

REPLY filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman to Petition for Writ of Habeas Corpus,, 1 / Traverse and Reply in Support of Petition for Writ of Habeas Corpus (Attachments: # 1 Declaration of Amanda Barnett in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Second Supplemental Declaration of Robert B. Greifinger, M.D. in Support, # 6 Second Supplemental Declaration of Todd William Schneberk, M.D. in Support, # 7 Declaration of Caitlin Patler, PH.D. in Support, # 8 Exhibit A, # 9 Declaration of Hilda Noemi Zecena Sanchez in Support, # 10 Declaration of Rot Mythong in Support, # 11 Declaration of Karapet Davtan in Support, # 12 Declaration of David Nahman in Support, # 13 Declaration of Luis Yboy Flores in Support, # 14 Declaration of Antonio Ortega Osorio in Support, # 15 Declaration of V. Mitch McEwen in Support, # 16 Exhibit A, # 17 Exhibit B, # 18 Exhibit C)(Barnett, Amanda) (Entered: 05/21/2020)

May 21, 2020 PACER
88

EX PARTE APPLICATION to Strike New Evidence and Related Argument Submitted with Traverse and Reply Reply,,,, 87 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Robins, Jeffrey) (Entered: 05/22/2020)

May 22, 2020 PACER
89

OPPOSITION re: EX PARTE APPLICATION to Strike New Evidence and Related Argument Submitted with Traverse and Reply Reply,,,, 87 88 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Barnett, Amanda) (Entered: 05/26/2020)

May 26, 2020 PACER
90

ORDER by Judge Terry J. Hatter, Jr: re 88 EX PARTE APPLICATION TO STRIKE NEW EVIDENCE AND ARGUMENTS CONTAINED IN PETITIONER'S TRAVERSE OR IN THE ALTERNATIVE FOR LEAVE TO FILE SUR REPLY TO THE TRAVERSE. IT IS ORDERED that the ex parte application be, and hereby is, DENIED. (shb) (Entered: 05/27/2020)

May 27, 2020 RECAP
91

Joint STIPULATION for Protective Order filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Protective Order)(Bansal, Jessica) (Entered: 05/27/2020)

May 27, 2020 PACER
92

PROTECTIVE ORDER by Magistrate Judge Pedro V. Castillo re Stipulation for Protective Order 91 . (see document for details) (hr) (Entered: 05/28/2020)

May 28, 2020 RECAP
93

Notice of Appearance or Withdrawal of Counsel: for attorney Hans Chen counsel for Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. Adding Hans H. Chen as counsel of record for CHAD F. WOLF, et al. for the reason indicated in the G-123 Notice. Filed by Respondents CHAD F. WOLF, et al.. (Attorney Hans Chen added to party Matthew T. Albence(pty:res), Attorney Hans Chen added to party James Janecka(pty:res), Attorney Hans Chen added to party David Marin(pty:res), Attorney Hans Chen added to party Chad F. Wolf(pty:res))(Chen, Hans) (Entered: 05/29/2020)

May 29, 2020 PACER
94

NOTICE filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. NOTICE OF FIRST CONFIRMED CASE OF COVID-19 AMONG ADELANTO DETAINEES (Attachments: # 1 Exhibit A)(Bansal, Jessica) (Entered: 05/29/2020)

May 29, 2020 PACER
95

NOTICE OF SECOND CONFIRMED CASE OF COVID-19 AMONG ADELANTO DETAINEES filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibit A)(Bansal, Jessica) (Entered: 06/01/2020)

June 1, 2020 PACER
96

SCHEDULING ORDER by Judge Terry J. Hatter, Jr. The Court has considered the evidence and arguments presented in favor of and against Petitioners petition for a writ of habeas corpus. The Court will combine the evidentiary hearing on Petitioners petition for a writ of habeas corpus with a court trial on Petitioners claims for injunctive and declaratory relief. Each side will be allowed 8 hours to present their case. The time limit includes all aspects of the case, including opening statements, direct and cross examinations, arguments on objections, and closing arguments. In lieu of closing arguments, the parties may file closing briefs, of no more than 25 pages, no later than ten days afterthe conclusion of the evidentiary hearing and trial. The following dates are subject to change by the Court in response to the COVID-19 pandemic; at this time, it is unclear as to when the First Street Courthouse will re-open for evidentiary hearings and court trials for civil cases. Discovery cut-off 7/31/2020., Substantive Motion Filing Deadline by 8/10/2020., Motions in Limine Filing Deadline filed by 8/27/2020., Evidentiary Hearing and Court Trial set for 10/6/2020 at 10:00 a.m., Final Pretrial Conference set for 9/14/2020 at 10:00 a.m. While the Ninth Circuit has not yet reached the issue, it is clear to the Court that it has the inherent authority, at least in extraordinary cases, to release detainees on bail during the pendency of their habeas petitions. See order for further details. (shb) (Entered: 06/01/2020)

June 1, 2020 PACER
97

ORDER SETTING FINAL PRE-TRIAL CONFERENCE AND REFERRING DISCOVERY by Judge Terry J. Hatter, Jr.: It is Ordered that all discovery matters which become at issue are referred to Magistrate Judge Pedro V. Castillo for her/his consideration. Please contact the courtroom deputy clerk to the Magistrate Judge regarding these matters. It is Ordered, pursuant to Rule 16 of the Federal Rules of Civil Procedures and Local Rule 16, that the Final Pre-Trial Conference is placed on the Courts calendar for SEPTEMBER 14, 2020 at 10:00 a.m. in Courtroom No. 9B in the U. S. Courthouse on First Street. See order for further details. (shb) (Entered: 06/01/2020)

June 1, 2020 PACER
98

NOTICE Response to Petitioners' Notices filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration)(Robins, Jeffrey) (Entered: 06/01/2020)

June 1, 2020 PACER
99

ORDER by Judge Terry J. Hatter, Jr: The Court has considered Alejandro Jeronimo Osorios motion to lift the stay in CV 20-816 TJH, together with the moving and opposing papers. It is Ordered that the motion be, and hereby is, Denied. (shb) (Entered: 06/03/2020)

June 3, 2020 RECAP
100

Joint STIPULATION for Order for BRIEFING SCHEDULE ON PLAINTIFFS-PETITIONERS' MOTION FOR CLASS-WIDE BAIL filed by Plaintiffs-Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order)(Bansal, Jessica) (Entered: 06/04/2020)

June 4, 2020 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 13, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All detainees currently in civil immigration detention at the Adelanto Immigration and Customs Enforcement Processing Center, as well as those who were at the center any time between March 23, 2020 and the final disposition of the case

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Adelanto Detention Center (San Bernardino), County

Department of Homeland Security, Federal

ICE Los Angeles Field Office, Regional

Immigration and Customs Enforcement, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: 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

Reporting

Monitor/Master

Issues

General:

Bathing and hygiene

Conditions of confinement

Habeas Corpus

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

COVID-19:

CDC Guidance ordered implemented

Contact tracing ordered

COVID reporting ordered

COVID testing ordered/modified

Independent monitor/inspector imposed/assisted

Inspection ordered/regulated

Mitigation Denied

Mitigation Granted

Mitigation Requested

Population reduction/cap

PPE-ordered provided to prisoners for free

PPE-ordered worn by staff

Quarantine/isolation ordered

Release Granted

Release granted-group

Release granted-individual

Release-process created/modified

Release Requested

Sanitizer/Handsoap ordered made available/used

Social distancing ordered

Transfer-ordered or process created/modified

Immigration/Border:

Detention - conditions