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

This case concerns the due process rights of immigration detainees in the Adelanto ICE Processing Center during the COVID-19 pandemic. On April 13, 2020, immigration detainees filed this lawsuit against the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (“ICE”), 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 and the ACLU of Southern California, the petitioners sought writs of habeas corpus under 28 U.S.C. § 2241, as well as injunctive and declaratory relief. Pointing to statements of medical experts, the plaintiffs alleged that detention facilities created a “tinderbox scenario” for COVID-19 to spread because those facilities made social distancing impossible. They claimed that their continued detention in Adelanto violated their Fifth Amendment right to substantive due process by creating a significant risk of illness or death from COVID-19.

On that same day, the plaintiffs moved to certify a class of “all individuals detained in civil immigration detention at Adelanto.” They also moved for temporary restraining orders (“TRO”) as to why a preliminary injunction should not be issued regarding each of the three named plaintiffs.

The plaintiffs also 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, 2020, the plaintiffs moved for a preliminary injunction to implement a system for class-wide relief or mandate ICE to 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, 2020, Judge Hatter entered TROs authorizing release from custody for each of the named plaintiffs. The court also ordered the government to show cause as to why the court should not issue a preliminary injunction by April 24, 2020.

A few days later, on April 23, Judge Hatter provisionally certified a class of all those who were currently detained at Adelanto or had been detained there after March 23, 2020, and appointed the ACLU of Southern California as the class counsel. 2020 WL 3869729.

Judge Hatter also issued a preliminary injunction on April 23, 2020 that required the government 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, 2020
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

The court stated that if the government 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 next day, the government appealed the April 23 order and preliminary injunction to the U.S. Court of Appeals for the Ninth Circuit (Docket No. 20-55436). The Ninth Circuit granted an administrative stay of the district court’s preliminary injunction on April 25, 2020.

On May 5, 2020, 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 (“CDC”) guidelines for correctional and detention facilities for managing COVID-19. Circuit Judges Barry G. Silverman, Jacqueline H. Nguyen, and Daniel Paul Collins issued the order. Judge Collins wrote a partial dissent advocating for staying the preliminary injunction in its entirety, on the basis that CDC guidelines may require adaptation to each individual facility. 2020 WL 2188048.

Back in the district court, the plaintiffs moved for class-wide bail on June 5, 2020. The court granted the motion on June 17, 2020 and announced plans to make individualized bail determinations for each class member. 2020 WL 3481564.

On June 19, 2020, the court implemented a process for individualized bail determinations for each class member. Judge Hatter also required the government to create a spreadsheet including information about each detainee, weekly updates, and notice to class members. 2020 WL 3487632. A few days later, on June 26, the court issued another order specifying what should be on the spreadsheet, but after the government asked the court to reconsider, the court held that the government no longer needed to provide information about the detainees’ criminal history on the spreadsheet.

The government appealed the June 19 order to the Ninth Circuit on June 29, 2020 (Docket No. 20-55662). The Ninth Circuit granted an administrative stay of the June 17 bail order and June 19 bail process on July 1, 2020. However, the Ninth Circuit declined to stay the orders pending appeal on July 8, 2020. It also consolidated the two appeals. Back in the district court, Judge Hatter, Jr. continued the individualized bail process and granted bail for various class members.

On August 10, 2020, the plaintiffs moved to enforce the preliminary injunction's CDC Guidance provision and for non-provisional class certification. That same day, the government moved to dismiss. Later in August, the government also filed motions in opposition to the plaintiffs’ August 10 motions.

After learning about a COVID-19 outbreak at the detention center, the plaintiffs filed an application for a TRO in the district court on September 16, 2020. They asked the court to compel COVID-19 testing of all detainees and to isolate all detainees with positive test results. The court also granted bail for several detainees on September 16, 2020. The court denied the plaintiffs’ application the next day. Judge Hatter also stayed any previous bail orders releasing detainees who were still in the detention center, so as not to release a COVID-positive detainee into the community. The plaintiffs filed a motion for reconsideration on September 18, 2020.

On September 22, 2020, the court declined to reconsider the September 17 order. Judge Hatter held that because the Ninth Circuit had stayed the preliminary injunction, he could not order the government to isolate detainees in contravention of the stay. The court also granted class certification, holding that differences between class members such as statutory authority for detention or bail status did not destroy the class. 2020 WL 6261318.

On September 23, 2020, the Ninth Circuit vacated many of the preliminary injunction’s provisions—including the CDC Guidelines provision—and remanded the matter with instructions to issue an updated preliminary injunction. Circuit Judges Paul J. Watford, Michelle T. Friedland, and Eric D. Miller issued the order. The Ninth Circuit held that the district court had subject matter jurisdiction and authority to issue the preliminary injunction. However, the Ninth Circuit vacated the substantive portions of the preliminary injunction because circumstances had changed at the Adelanto facility since its issuance, and thus an updated order was necessary. 829 F. App’x 165.

On September 25, 2020, Judge Hatter denied both the plaintiffs' motion to enforce the preliminary injunction and the government’s motion to dismiss. The court reasoned that the Ninth Circuit’s September 23 opinion rendered the plaintiffs’ motion moot and foreclosed the government’s arguments.

The court issued a modified preliminary injunction and additional findings of fact on September 29, 2020. Judge Hatter ordered the government to provide a detailed population reduction plan to ensure detainees could maintain six feet of social distance at all times, and to refrain from accepting any new or transfer detainees in Adelanto. The court also ordered the government to cease using HDQ Neutral, a toxic disinfectant, in housing units. Finally, Judge Hatter instructed the government to provide census data of all Adelanto detainees and update that report weekly. In addition to the census report, the district court ordered the government to provide a daily status report that listed the number of COVID-positive and COVID-negative detainees in each housing unit. 2020 WL 5797918.

The government appealed the modified preliminary injunction on October 2, 2020 (Docket No. 20-56026). On October 13, 2020, the Ninth Circuit issued a per curiam opinion partially affirming and partially reversing the district court’s order. The Ninth Circuit held that the district court had authority to issue injunctive relief but found that, due to the rapidly evolving circumstances, the district court needed to reconsider the reductions in detainee population. 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.” 977 F.3d 935.

On October 15, 2020, Judge Hatter issued another order concerning the population reduction plan (“Adelanto Population Reduction Order”). The court expressed frustration with the government’s disregard for procedural rules. 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 reached at most 475 people. The court appointed Chief Magistrate Judge Patrick Walsh to serve as a Special Master and monitor the government's compliance with the injunctive relief. 2020 WL 6107069. The government appealed on November 27, 2020 (Docket No. 20-56257).

Throughout late 2020, Judge Hatter routinely issued bail orders directing the government to release specific class members. The government appealed several of these orders on December 15, 2020 (Docket No. 20-56329).

The parties held several status conferences with the Special Master in November and December of 2020. The Special Master issued a report and recommendation on November 18, 2020 concerning COVID-19 testing protocols. On December 21, 2020, the court partially accepted the Special Master’s recommendations. Judge Hatter set protocols for random COVID-19 testing of Adelanto staff and detainees, as well as isolation rules. In addition, the court ordered the government to inform the court when three or more people test positive in one week, and to conduct weekly testing of all Adelanto detainees and staff in response to these positive tests.

On January 4, 2021, the parties agreed to request a modification of the court’s October 15, 2020 Adelanto Population Reduction Order. The court accepted the stipulation and issued an Amended Adelanto Population Reduction Order on January 11, 2021. The new order provided a revised list of considerations for determining which Adelanto detainees to release or deport, and required the government to proceed down the list until it reached the maximum capacity target of 475 or fewer detainees.

Upon motion of the plaintiffs, the court clarified on March 10, 2021 that two individual detainees were not subject to mandatory detention orders, and therefore should have been given priority for release. 2021 WL 4621946. The government appealed on May 10, 2021 (Docket No. 21-55510). The Ninth Circuit consolidated that appeal with the previous appeals in this case on June 3, 2021.

Back in the district court, the government notified the court on March 19, 2021 that a detainee class member had died. Judge Hatter ordered the Special Master to investigate the death. The Special Master issued a report and recommendation following that investigation on July 16, 2021, which the court adopted on August 8, 2021. Judge Hatter ordered the government to report any time an Adelanto detainee who previously tested positive for COVID-19 goes to the hospital or dies of any cause, and imposed procedures for sharing medical records of those detainees. 2021 WL 10395928. The government appealed this order on October 8, 2021 (Docket No. 21-56128).

The deceased detainee’s son moved for limited intervention, which the court denied on October 15, 2021. 2021 WL 6103180. The court denied the proposed intervenor’s motion for reconsideration on February 25, 2022. The proposed intervenor appealed on April 25, 2022 (Docket No. 22-55430), and voluntarily dismissed the appeal on July 29, 2022.

On September 30, 2021, the court stayed discovery deadlines pending the parties’ settlement negotiations, which were apparently unsuccessful.

In the district court, the government filed frequent, regular status reports and spreadsheets with information about Adelanto detainees from the issuance of the injunction in 2020 through the beginning of 2025. As of January 28, 2025, the government has continued to file these reports.

In the Ninth Circuit, the parties underwent mediation regarding the various issues on appeal from 2021 to 2023. On September 25, 2023, the Ninth Circuit temporarily closed the appellate docket for administrative purposes.

On May 2, 2024, the district court granted a joint stipulation to modify the conditions of release for one of the class members. On December 9, 2024, the parties filed a joint stipulation to vacate the court's August 8, 2021, order, which had adopted the Report and Recommendation (“R&R”) of the Special Master following the investigation of the death of a detainee class member, and to enter an order adopting a modified R&R. On December 16, 2024, Judge Hatter vacated the initial order, and the modified R&R was adopted with changes to the language, making it more “neutral” (e.g., “misled” was replaced with “did not disclose to.”).

On January 24, 2025, Judge Hatter Jr. granted the plaintiffs' unopposed motion for preliminary approval of settlement agreement. This agreement included provisions relating to Covid-19 vaccination offerings, screening and testing procedures, social distancing, masking, and cleaning and hygiene. Specifically, these provisions required Defendants to use their best efforts to comply with CDC guidance and ICE requirements regarding these issues. The agreement also contained provisions relating to the re-detention of class members released pursuant to the Population Reduction Order or a TRO. Specifically, it required Defendants to make best efforts not to re-detain class members who were released unless special circumstances exist (for example, violating a material condition of release in a manner indicating that the class member presents a danger to people or poses a risk of flight). Additionally, the parties agreed to request that the court temporarily lift the intake ban and population cap orders. Defendants also agreed to pay $2,200,000 to satisfy Plaintiffs' claims for attorneys’ fees, costs, and litigation expenses.

The obligations imposed by the agreement were set to terminate one year after the effective date, and the agreement specified that the District Court would retain jurisdiction to enforce its terms. Based on a preliminary evaluation, the court found the settlement to be fair, reasonable, and adequate. On January 24, 2025, the court also granted the defendants' ex parte motion to lift the prohibition on new detainee intakes. The court indicated that the intake ban will be permanently lifted if the court approves the final settlement.

The parties moved for final approval of the settlement on March 3, 2025. As of March 27, 2025, the court has not yet approved the final settlement.

show full summary

Summary Authors

Caitlin Kierum (9/27/2020)

Justin Hill (11/3/2020)

Sophia Acker (3/26/2024)

Maddie Mitzner (3/29/2025)

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)

Attorney for Plaintiff

Expert/Monitor/Master/Other

Arulanantham, Ahilan T (California)

Attorney, OIL-DCS Trial (California)

Bansal, Jessica Karp (California)

Barnett, Amanda (California)

Bates, Christopher (California)

Judge(s)

Hatter, Terry J. (California)

Attorney for Plaintiff

Comstock, Hannah Karin (California)

Groendyke, Emily Jane (California)

Motlagh, Jasmin F. (California)

O'Connor, William V. (California)

Soni, Munmeeth Kaur (California)

Expert/Monitor/Master/Other

Arulanantham, Ahilan T (California)

Attorney, OIL-DCS Trial (California)

Bansal, Jessica Karp (California)

Barnett, Amanda (California)

Bates, Christopher (California)

Beck, Daniel A (California)

Berdahl, Charles A. (California)

Bernardino, Russell Casio (California)

Biche, Timothy Daniel (California)

Bitran, Eva Lucia (California)

Brewer, Megan A (California)

Burrelle, Hillary Morgan (California)

Cammack, Jessie Alice (California)

Cardozo, Raymond A. (California)

Chen, Hans (California)

Chia, Liga (California)

Chin, Roger J. (California)

Cho, Michelle Young (California)

Deger-Sen, Samir (California)

Dichter, Anna (California)

Elie-Meyers, Joseph (California)

Friedman, William M. (California)

Fujimoto, David W. (California)

Glazer, Nicolette (California)

Greenwald, Elyse Miriam (California)

Harman, Suzanna Rose (California)

Hayes, Dennis J (California)

Hirsch, Ruth (California)

Hyen, Park Kwang (California)

Jesus, David J (California)

Kaufman, Michael Bryan (California)

Kurz, Julian Michael (California)

LA-CV, Assistant 2241-194 (California)

McGeady, Joseph L (California)

Mercado-Santana, Victor M. (California)

Moala, Sione H (California)

Otero, Blanca J (California)

Prasad, Anoop (California)

Ramsy, Monica George (California)

Robins, Jeffrey S (California)

Salas, Silvano Avina (California)

Sencer, Caren Pamela (California)

Tolchin, Stacy Eva (California)

Trigilio, Joseph A (California)

Upshaw, Margaret Allison (California)

Virgien, Kyle A. (California)

Walsh, Patrick J. (California)

Wilson, Sarah S. (California)

Windrow, Hayden (California)

Wisser, Leah (California)

Zhao, Jingni (California)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
5:20-cv-00768	Docket [PACER]	Nov. 2, 2020	Nov. 2, 2020 Docket
1 5:20-cv-00768	Petition for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief	April 13, 2020	April 13, 2020 Complaint
34 5:20-cv-00768	Temporary Restraining Order and Order to Show Cause	April 16, 2020	April 16, 2020 Order/Opinion
33 5:20-cv-00768	Temporary Restraining Order and Order to Show Cause	April 16, 2020	April 16, 2020 Order/Opinion
55 5:20-cv-00768	Preliminary Injunction	April 23, 2020	April 23, 2020 Order/Opinion
53 5:20-cv-00768	Findings of Fact and Conclusions of Law	April 23, 2020	April 23, 2020 Order/Opinion 2020 WL 1952656
52 5:20-cv-00768	Provisional Class Certification Order	April 23, 2020	April 23, 2020 Order/Opinion 2020 WL 3869729
17 5:20-cv-00768 20-55436	Order U.S. Court of Appeals for the Ninth Circuit	May 5, 2020	May 5, 2020 Order/Opinion 2020 WL 2188048
118 5:20-cv-00768	Order	June 17, 2020	June 17, 2020 Order/Opinion 2020 WL 3481564
124 5:20-cv-00768	Order	June 19, 2020	June 19, 2020 Order/Opinion 2020 WL 3487632

show / hide documents

Docket

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

Last updated June 14, 2025, 6:59 a.m.

Change selected docket

ECF Number	Description	Date	Link 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	April 13, 2020 Clearinghouse
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	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	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	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	April 13, 2020 Clearinghouse
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	April 13, 2020 Clearinghouse
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	April 13, 2020 Clearinghouse
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	April 13, 2020 Clearinghouse
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	April 14, 2020 Clearinghouse
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	April 14, 2020 RECAP
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	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	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	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	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	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	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	April 14, 2020 Clearinghouse
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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	April 16, 2020 Clearinghouse
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	April 16, 2020 Clearinghouse
35	SEALED - TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE 7 (bm) (Entered: 04/16/2020)	April 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	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	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	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	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	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	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	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	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	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	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	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	April 22, 2020 PACER
48	NOTICE of Appearance (Mercado-Santana, Victor) (Entered: 04/22/2020)	April 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	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	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	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	April 23, 2020 Clearinghouse
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	April 23, 2020 Clearinghouse
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	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	April 23, 2020 Clearinghouse
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	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	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	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	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	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	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	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	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	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	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	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	May 5, 2020 PACER
68	Order	May 5, 2020	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	June 4, 2020 PACER

show / hide docket entries