Case: Carranza v. ICE

2:20-cv-00424 | U.S. District Court for the District of New Mexico

Filed Date: May 4, 2020

Closed Date: May 18, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a class-action habeas petition brought on May 4, 2020, by two individuals in ICE custody, seeking better access to phone calls. The defendants moved to dismiss the case on June 29. The magistrate judge recommended the court dismiss the case for lack of jurisdiction and deny all other motions as moot; the plaintiffs filed a stipulation of dismissal on May 18, 2021. On May 4, 2020, two individuals in the custody of U.S. Immigration and Customs Enforcement (ICE) brought …

COVID-19 Summary: This is a class-action habeas petition brought on May 4, 2020, by two individuals in ICE custody, seeking better access to phone calls. The defendants moved to dismiss the case on June 29. The magistrate judge recommended the court dismiss the case for lack of jurisdiction and deny all other motions as moot; the plaintiffs filed a stipulation of dismissal on May 18, 2021.


On May 4, 2020, two individuals in the custody of U.S. Immigration and Customs Enforcement (ICE) brought this lawsuit against ICE and its parent agency, the Department of Homeland Security. They complained about ICE's restrictions on telephone access--the high cost of phone calls and the denial of incoming calls. Both restrictions predated the COVID-19 pandemic. But they alleged that because in-person visitation had become impossible, the phone restrictions unconstitutionally violated their Fifth and First Amendment rights, preventing communication with counsel and denying their right to legal representation. One plaintiff alleged that since pandemic restrictions began, communications with his attorney have been very challenging. Another pointed to a delay of a month in his asylum hearing (prolonging his detention) because he had been unable to have a meaningful preparatory call with his counsel. The plaintiffs’ proposed class includes "all current and future adult immigration detained persons who are or will be held in ICE custody in El Paso or Otero." Represented by private counsel and the American Immigration Council, the plaintiffs framed the lawsuit as a habeas petition under 28 U.S.C. § 2241, and as an injunctive and declaratory action under 28 U.S.C. §§ 2201 and 2202. The case was filed in the U.S. District Court for the District of New Mexico and assigned to Magistrate Judge Gregory B. Wormuth. The case was later reassigned to Judge James A. Parker on June 5.

On June 29, the defendants moved to dismiss the case for lack of jurisdiction and the plaintiff's failure to state a claim. They argued that the plaintiffs could not bring claims relating to injuries they have not personally suffered and that the plaintiffs could not bring this case in district court as the Immigration and Nationality Act contains a jurisdiction-channeling provision that requires exclusive review in the federal courts of appeals. The plaintiffs responded that the jurisdictional bar does not apply where claims address systemwide detention conditions that are collateral to the removal process and are effectively unreviewable through a petition for review. They further argued that they have standing to bring the action on behalf of the proposed class and that they stated a proper Due Process claim.

The plaintiffs then moved for a preliminary injunction on August 26, claiming that despite the increased reliance of telephone calls due to the COVID-19 pandemic, and the ICE's acknowledgment of a need to expand telephone access, restrictive practices at Otero have rendered all communications nearly impossible.

In its opposition to the preliminary injunction on September 9, the defendants argued that because the court has not certified a class, any injunctive relief must be limited to the named plaintiffs. They also argued that the named plaintiffs have not established a likelihood of success on the merits, nor imminent and irreparable harm. The plaintiffs filed a reply on September 23 and on October 6 filed an unopposed motion for a hearing on their motion to certify the class, their motion for a preliminary injunction, and the defendants' motion to dismiss.

Judge Gonzales referred the plaintiffs' motions to certify the class, for a preliminary injunction, and for a hearing, and the defendants' motion to dismiss to Magistrate Judge Kevin R. Sweazea. On December 10, Magistrate Judge Swazea ordered a mandatory settlement conference to occur on January 15, 2021. The conference was eventually held on January 19, but the case did not settle. On January 19, Magistrate Judge Swazea ordered a motion hearing to occur on March 10 regarding the defendants' motion to dismiss for lack of jurisdiction and failure to state a claim.

On May 7, 2021 Magistrate Judge Swazea filed his Report and Recommendations, recommending the court grant the motion to dismiss, and deny the motion to certify the class and the motion for preliminary injunction as moot. 2021 WL 1840418. On May 18, the plaintiffs filed a stipulation of dismissal without prejudice

Summary Authors

Averyn Lee (9/15/2020)

Emily Kempa (10/31/2020)

Nicholas Gillan (2/26/2021)

Caitlin Kierum (10/10/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17125592/parties/carranza-v-united-states-immigration-and-customs-enforcement/


Judge(s)

Gonzales, Kenneth John (New Mexico)

Lyman, Christine H (New Mexico)

Sweazea, Kevin R. (New Mexico)

Wormuth, Gregory B. (New Mexico)

Attorneys(s) for Plaintiff

Allen, Lauren Dowden (New York)

Kathawala, Rene (New York)

Melloy Goettel, Katherine E. (District of Columbia)

Valenzuela, Claudia (District of Columbia)

Winger, Emma Curtis (Massachusetts)

Attorneys(s) for Defendant

Anderson, John C (New Mexico)

Judge(s)

Gonzales, Kenneth John (New Mexico)

Lyman, Christine H (New Mexico)

Sweazea, Kevin R. (New Mexico)

Wormuth, Gregory B. (New Mexico)

Attorneys(s) for Plaintiff

Allen, Lauren Dowden (New York)

Kathawala, Rene (New York)

Melloy Goettel, Katherine E. (District of Columbia)

Valenzuela, Claudia (District of Columbia)

Winger, Emma Curtis (Massachusetts)

Attorneys(s) for Defendant

Anderson, John C (New Mexico)

Hosp, R. David (Massachusetts)

Pavone, Paige (New York)

Documents in the Clearinghouse

Document

2:20-cv-00424

2:20-00917

Docket [PACER]

Carranza v. United States Immigration and Customs Enforcement

May 8, 2021

May 8, 2021

Docket
1

2:20-cv-00424

Proposed Class Action

Carranza v. U.S. Immigration and Customs Enforcement

May 4, 2020

May 4, 2020

Complaint
4 to 9

2:20-cv-00424

Plaintiffs' Motion for Class Certification and Appointment of Class Counsel

May 18, 2020

May 18, 2020

Pleading / Motion / Brief
24

2:20-cv-00424

Defendants' Response in Opposition to Plaintiffs' Motion for Class Certification and Appointment of Class Counsel (DOC. 4)

Carranza v. United States Immigration and Customs Enforcement

June 29, 2020

June 29, 2020

Pleading / Motion / Brief
23

2:20-cv-00424

Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim

Carranza v. United States Immigration and Customs Enforcement

June 29, 2020

June 29, 2020

Pleading / Motion / Brief
29

2:20-cv-00424

Plaintiffs' Opposition to Defendants' Motion to Dismiss

Carranza v. United States Immigration and Customs Enforcement

July 20, 2020

July 20, 2020

Pleading / Motion / Brief
31

2:20-cv-00424

Defendants' Reply to Plaintiffs' Opposition (Doc. 29) to Motion to Dismiss (Doc. 23)

Carranza v. United States Immigration and Customs Enforcement

Aug. 3, 2020

Aug. 3, 2020

Pleading / Motion / Brief
35

2:20-cv-00424

Memorandum in Support of Plaintiffs' Motion for a Preliminary Injunction

Carranza v. United States Immigration and Customs Enforcement

Aug. 26, 2020

Aug. 26, 2020

Pleading / Motion / Brief
38

2:20-cv-00424

Defendants' Opposition to Named Plaintiffs' Motion for a Preliminary Injunction (Doc. 34)

Sept. 9, 2020

Sept. 9, 2020

Pleading / Motion / Brief
39

2:20-cv-00424

Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion for a Preliminary Injunction

Sept. 23, 2020

Sept. 23, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17125592/carranza-v-united-states-immigration-and-customs-enforcement/

Last updated Feb. 3, 2023, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Matthew T. Albence, Department of Homeland Security, Corey A. Price, United States Immigration and Customs Enforcement, Chad F. Wolf ( Filing Fee - Online Payment), filed by Franklin Gomez Carranza, Ruben Torres Jauregui. (Attachments: # 1 Civil Cover Sheet)(Hosp, David) (Entered: 05/04/2020)

1 Civil Cover Sheet

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May 4, 2020

May 4, 2020

PACER
2

NOTICE of Appearance by Paige Pavone on behalf of Franklin Gomez Carranza, Ruben Torres Jauregui (Pavone, Paige) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
3

PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory B. Wormuth to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER

United States Magistrate Judge Gregory B. Wormuth and United States Magistrate Judge Kevin R. Sweazea assigned. (arp)

May 4, 2020

May 4, 2020

PACER

Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (arp)

May 4, 2020

May 4, 2020

PACER

Filing and Administrative Fees Received: $ 400 receipt number ANMDC-7106785 re 1 Complaint, filed by Franklin Gomez Carranza, Ruben Torres Jauregui (Payment made via Pay.gov)(Hosp, David)

May 4, 2020

May 4, 2020

PACER

Summons Issued

May 4, 2020

May 4, 2020

PACER

Summons Issued as to All Defendants. (arp)

May 4, 2020

May 4, 2020

PACER
4

MOTION to Certify Class and Appointment of Lead Counsel by Franklin Gomez Carranza, Ruben Torres Jauregui. (Hosp, David) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
5

BRIEF re 4 MOTION to Certify Class and Appointment of Lead Counsel by Franklin Gomez Carranza, Ruben Torres Jauregui (Hosp, David) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

RECAP
6

DECLARATION re 4 MOTION to Certify Class and Appointment of Lead Counsel (Declaration of Franklin Gomez Carranza) by Franklin Gomez Carranza, Ruben Torres Jauregui (Hosp, David) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

RECAP
7

DECLARATION re 4 MOTION to Certify Class and Appointment of Lead Counsel (Declaration of Ruben Torres Jauregui) by Franklin Gomez Carranza, Ruben Torres Jauregui (Hosp, David) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

RECAP
8

DECLARATION re 4 MOTION to Certify Class and Appointment of Lead Counsel (Declaration of David Jackson) by Franklin Gomez Carranza, Ruben Torres Jauregui (Hosp, David) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

RECAP
9

DECLARATION re 4 MOTION to Certify Class and Appointment of Lead Counsel (Declaration of Paige Pavone) by Franklin Gomez Carranza, Ruben Torres Jauregui (Pavone, Paige) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

RECAP
11

PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge James A. Parker as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Gregory B. Wormuth no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
12

NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 10. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
13

NOTICE of Appearance by Lauren Dowden Allen on behalf of Franklin Gomez Carranza, Ruben Torres Jauregui (Allen, Lauren) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
14

NOTICE of Appearance by Rene A. Kathawala on behalf of Franklin Gomez Carranza, Ruben Torres Jauregui (Kathawala, Rene) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
15

SUMMONS Returned Executed by Franklin Gomez Carranza, Ruben Torres Jauregui. Matthew T. Albence served on 5/8/2020, answer due 7/7/2020; Department of Homeland Security served on 5/8/2020, answer due 7/7/2020; Corey A. Price served on 5/8/2020, answer due 7/7/2020; United States Immigration and Customs Enforcement served on 5/8/2020, answer due 7/7/2020; Chad F. Wolf served on 5/8/2020, answer due 7/7/2020. (Pavone, Paige) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
16

CERTIFICATE OF SERVICE by Franklin Gomez Carranza, Ruben Torres Jauregui re 4 MOTION to Certify Class and Appointment of Lead Counsel, 8 Declaration, 9 Declaration, 7 Declaration, 6 Declaration, 5 Brief (Pavone, Paige) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
17

PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Kenneth J. Gonzales as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States District Judge James A. Parker no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
18

NOTICE of Briefing Complete by Franklin Gomez Carranza, Ruben Torres Jauregui re 4 MOTION to Certify Class and Appointment of Lead Counsel filed by Franklin Gomez Carranza, Ruben Torres Jauregui (Attachments: # 1 Certificate of Service) (Hosp, David) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
19

Unopposed MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Certify Class and Appointment of Lead Counsel and Notice of Withdrawal of Completion of Briefing by Franklin Gomez Carranza, Ruben Torres Jauregui. (Pavone, Paige) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
20

NOTICE of Appearance by Christine Hyojin Lyman on behalf of All Defendants (Lyman, Christine) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
21

ORDER by District Judge Kenneth J. Gonzales granting 19 Unopposed Motion for Extension of Time to File Response/Reply as to 4 Motion to Certify and Appointment of Lead Counsel and Notice of Withdrawal of Completion of Briefing. Response due by 6/29/2020; reply due by 7/13/2020. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply

June 18, 2020

June 18, 2020

PACER
22

ORDER by Magistrate Judge Kevin R. Sweazea SETTING a telephonic status conference. A status conference to discuss the need for a scheduling conference is hereby set for July 2, 2020 at 11:00 AM. The parties shall call (888) 398-2342 and enter access code 8193818 to join the proceedings. (cbf)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER

Order AND ~Util - Set Hearings

June 19, 2020

June 19, 2020

PACER
23

MOTION to Dismiss for Lack of Jurisdiction And Failure to State A Claim by United States Immigration and Customs Enforcement. (Lyman, Christine) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

RECAP
24

RESPONSE in Opposition re 4 MOTION to Certify Class and Appointment of Lead Counsel filed by United States Immigration and Customs Enforcement. (Lyman, Christine) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
25

ORDER by Magistrate Judge Kevin R. Sweazea VACATING telephonic status conference and FINDING good cause to delay holding a scheduling conference and entering a scheduling order. Considering Defendant United States Immigration and Customs Enforcement has filed a motion to dismiss (Doc. 23 ), the telephonic status conference set for July 2, 2020 is hereby VACATED. The Court also finds good cause pursuant to Fed. R. Civ. P. 16 to delay holding a scheduling conference and entering a scheduling order. The Court will set the case for scheduling once the presiding judge resolves the pending motion to dismiss. (cbf)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER

Order AND 1 - Terminate Hearings

June 30, 2020

June 30, 2020

PACER
26

Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Franklin Gomez Carranza, Ruben Torres Jauregui. (Pavone, Paige) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
27

ORDER by District Judge Kenneth J. Gonzales granting 26 Unopposed Motion for Extension of Time to File Response to 23 Motion to Dismiss for Lack of Jurisdiction And Failure to State A Claim. Response due by 7/20/2020. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply

July 10, 2020

July 10, 2020

PACER
28

REPLY to Response to Motion re 4 MOTION to Certify Class and Appointment of Lead Counsel filed by Franklin Gomez Carranza, Ruben Torres Jauregui. (Hosp, David) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
29

MEMORANDUM in Opposition re 23 MOTION to Dismiss for Lack of Jurisdiction And Failure to State A Claim filed by Franklin Gomez Carranza, Ruben Torres Jauregui. (Hosp, David) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

RECAP
30

NOTICE of Briefing Complete by Franklin Gomez Carranza, Ruben Torres Jauregui re 4 MOTION to Certify Class and Appointment of Lead Counsel filed by Franklin Gomez Carranza, Ruben Torres Jauregui (Hosp, David) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
31

Defendant's REPLY to Plaintiff's re 29 Memorandum in Opposition filed by United States Immigration and Customs Enforcement. (Lyman, Christine) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
32

NOTICE of Briefing Complete by United States Immigration and Customs Enforcement re 23 MOTION to Dismiss for Lack of Jurisdiction And Failure to State A Claim filed by United States Immigration and Customs Enforcement (Lyman, Christine) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
33

ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Franklin Gomez Carranza, Ruben Torres Jauregui by Katherine Elizabeth Goettel (Association Dues - Online Payment) (Goettel, Katherine)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
34

MOTION for Preliminary Injunction by Franklin Gomez Carranza, Ruben Torres Jauregui. (Attachments: # 1 Declaration of Estrella Cedillo with Exhibits, # 2 Declaration of Maria Martinez Sanchez with Exhibits, # 3 Declaration of Max Brooks with Exhibits, # 4 Declaration of Imelda Maynard, # 5 Declaration of Elsa Goossen with Exhibits, # 6 Declaration of Joachim Marjon, # 7 Declaration of Heidi Cerneka, # 8 Declaration of David Jackson, # 9 Declaration of Margaret Brown Vega with Exhibits) (Hosp, David) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
35

MEMORANDUM in Support re 34 MOTION for Preliminary Injunction filed by Franklin Gomez Carranza, Ruben Torres Jauregui. (Hosp, David) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

RECAP

Association Dues Received: $ 100 receipt number ANMDC-7276213 re: # 33 Association of Attorney Licensed Outside the District, filed by Franklin Gomez Carranza, Ruben Torres Jauregui (Payment made via Pay.gov)(Goettel, Katherine)

Aug. 26, 2020

Aug. 26, 2020

PACER
36

ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Franklin Gomez Carranza, Ruben Torres Jauregui by Paige Pavone on behalf of: Emma Winger American Immigration Council 1318 Beacon Street, Suite 18Brookline, MA 02446 617-505-5375 ewinger@immcouncil.org (Association Dues - Online Payment) (Pavone, Paige)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
37

NOTICE by Franklin Gomez Carranza, Ruben Torres Jauregui of Certification of Good Standing in Support of Request to Appear Pro Hac Vice by Emma Winger (Pavone, Paige) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER

Association Dues Received: $ 100 receipt number ANMDC-7293378 re: # 36 Association of Attorney Licensed Outside the District, filed by Franklin Gomez Carranza, Ruben Torres Jauregui (Payment made via Pay.gov)(Goettel, Katherine)

Sept. 4, 2020

Sept. 4, 2020

PACER
38

RESPONSE to Motion re 34 MOTION for Preliminary Injunction filed by Matthew T. Albence, Department of Homeland Security, Corey A. Price, United States Immigration and Customs Enforcement, Chad F. Wolf. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit A-5, # 7 Exhibit A-6, # 8 Exhibit A-7) (Lyman, Christine) (Entered: 09/09/2020)

1 Exhibit A

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2 Exhibit A-1

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3 Exhibit A-2

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4 Exhibit A-3

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5 Exhibit A-4

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6 Exhibit A-5

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7 Exhibit A-6

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8 Exhibit A-7

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Sept. 9, 2020

Sept. 9, 2020

RECAP
39

REPLY to Response to Motion re 34 MOTION for Preliminary Injunction filed by Franklin Gomez Carranza, Ruben Torres Jauregui. (Attachments: # 1 Second Supplemental Declaration of David Jackson, # 2 Declaration of Rosa De Jong, # 3 Supplemental Declaration of Heidi Cerneka, # 4 Supplemental Declaration of Estrella Cedillo with Exhibit) (Hosp, David) (Entered: 09/23/2020)

1 Second Supplemental Declaration of David Jackson

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2 Declaration of Rosa De Jong

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3 Supplemental Declaration of Heidi Cerneka

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4 Supplemental Declaration of Estrella Cedillo with Exhibit

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Sept. 23, 2020

Sept. 23, 2020

RECAP
40

NOTICE of Briefing Complete by Franklin Gomez Carranza, Ruben Torres Jauregui re 34 MOTION for Preliminary Injunction filed by Franklin Gomez Carranza, Ruben Torres Jauregui (Hosp, David) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
41

Unopposed MOTION for Hearing re 4 MOTION to Certify Class and Appointment of Lead Counsel, 23 MOTION to Dismiss for Lack of Jurisdiction And Failure to State A Claim, 34 MOTION for Preliminary Injunction by Franklin Gomez Carranza, Ruben Torres Jauregui. (Hosp, David) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
42

ORDER by District Judge Kenneth J. Gonzales referring the following to Magistrate Judge Kevin R. Sweazea: 4 Plaintiffs' Motion to Certify Class and Appointment of Lead Counsel; 23 Defendants' Motion to Dismiss for Lack of Jurisdiction; 34 Paintiffs' Motion for Preliminary Injunction; and 41 Parties' Unopposed Motion for Hearing. (tah) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

RECAP
43

ORDER by Magistrate Judge Kevin R. Sweazea GRANTING 41 Unopposed Motion for Hearing and SETTING Telephonic Hearing for Oral Argument on 4 Motion to Certify Class, 23 Motion to Dismiss, and 34 Motion for Preliminary Injunction. Telephonic Motion Hearing set for November 17, 2020 at 02:00 PM. The parties shall call (888) 398-2342 and enter code 8193818 to join the proceedings. The parties shall also be prepared to discuss settlement of Plaintiffs' claims. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER

~Util - Terminate Motions AND Order Setting Hearing on Motion

Oct. 30, 2020

Oct. 30, 2020

PACER
44

NOTICE of Change of Address by Emma Curtis Winger (Winger, Emma) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
45

Joint MOTION to Continue Telephonic Motion Hearing by Franklin Gomez Carranza, Ruben Torres Jauregui. (Hosp, David) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
46

ORDER by Magistrate Judge Kevin R. Sweazea granting 45 Joint Motion to Continue Telephonic Motion Hearing. The hearing set for November 17, 2020 is hereby RESET for November 24, 2020 at 2:00 PM. The parties shall call (888) 398-2342 and enter code 8193818 to join the proceedings. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER

Order on Motion to Continue

Nov. 12, 2020

Nov. 12, 2020

PACER
47

Joint MOTION to Continue Telephonic Motion Hearing by Franklin Gomez Carranza, Ruben Torres Jauregui. (Hosp, David) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
48

ORDER by Magistrate Judge Kevin R. Sweazea granting 47 Joint Motion to Continue Telephonic Motion Hearing. The hearing set for November 24, 2020 is hereby RESET for December 2, 2020 at 2:00 PM. The parties shall call (888) 398-2342 and enter code 8193818 to join the proceedings. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER

Order on Motion to Continue

Nov. 20, 2020

Nov. 20, 2020

PACER
49

ORDER RESETTING Motion Hearing. Motion Hearing on 4 Motion to Certify Class, 23 Motion to Dismiss for Lack of Jurisdiction, and 34 Motion for Preliminary Injunction set for Tuesday December 1, 2020 at 02:00 PM. The parties shall call (888) 398-2342 and enter code 8193818 to join the proceedings. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER

1 - Terminate Hearings AND Order Setting Hearing on Motion

Nov. 23, 2020

Nov. 23, 2020

PACER

Order Setting Hearing on Motion AND 1 - Terminate Hearings

Nov. 23, 2020

Nov. 23, 2020

PACER
50

Joint MOTION to Continue Telephonic Motion Hearing by Franklin Gomez Carranza, Ruben Torres Jauregui. (Hosp, David) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER
51

ORDER by Magistrate Judge Kevin R. Sweazea GRANTING 50 Joint Motion to Continue Telephonic Motion Hearing. The hearing set for December 1, 2020 is hereby RESET for December 9, 2020 at 09:00 AM. The parties shall call (888) 398-2342 and enter code 8193818 to join the proceedings. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER

~Util - Set Hearings AND 1 - Terminate Hearings AND ~Util - Terminate Motions AND Order

Dec. 1, 2020

Dec. 1, 2020

PACER

~Util - Terminate Motions AND ~Util - Set Hearings AND Order AND 1 - Terminate Hearings

Dec. 1, 2020

Dec. 1, 2020

PACER

~Util - Terminate Motions AND Order AND ~Util - Set Hearings AND 1 - Terminate Hearings

Dec. 1, 2020

Dec. 1, 2020

PACER

~Util - Set Hearings AND ~Util - Terminate Motions AND 1 - Terminate Hearings AND Order

Dec. 1, 2020

Dec. 1, 2020

PACER
52

ORDER by Magistrate Judge Kevin R. Sweazea RESETTING Motion Hearing. At the request of the parties, the hearing set for December 9, 2020, is hereby RESET for December 10, 2020 at 09:00 AM. The parties shall call (888) 398-2342 and enter code 8193818 to join the proceedings. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER

~Util - Set Hearings AND Order AND Order Setting Hearing on Motion AND 1 - Terminate Hearings

Dec. 2, 2020

Dec. 2, 2020

PACER

Order Setting Hearing on Motion AND ~Util - Set Hearings AND 1 - Terminate Hearings AND Order

Dec. 2, 2020

Dec. 2, 2020

PACER

Order Setting Hearing on Motion AND 1 - Terminate Hearings AND ~Util - Set Hearings AND Order

Dec. 2, 2020

Dec. 2, 2020

PACER

~Util - Set Hearings AND Order Setting Hearing on Motion AND Order AND 1 - Terminate Hearings

Dec. 2, 2020

Dec. 2, 2020

PACER
53

Clerk's Minutes for proceedings held before Magistrate Judge Kevin R. Sweazea: Telephonic Status Conference held on 12/10/2020. (atc) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
54

ORDER by Magistrate Judge Kevin R. Sweazea. Settlement Conference set for January 15, 2021 at 09:00 AM via Zoom. Consult Order for associated deadlines. (atc) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

RECAP
55

ORDER by Magistrate Judge Kevin R. Sweazea RESETTING Settlement Conference. The Settlement Conference is hereby RESET to January 19, 2021 at 09:00 AM. All deadlines in Doc. 54 remain in place. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER

1 - Terminate Hearings AND Order AND ~Util - Set Hearings

Dec. 17, 2020

Dec. 17, 2020

PACER

~Util - Set Hearings AND 1 - Terminate Hearings AND Order

Dec. 17, 2020

Dec. 17, 2020

PACER

1 - Terminate Hearings AND ~Util - Set Hearings AND Order

Dec. 17, 2020

Dec. 17, 2020

PACER
56

**FILED IN ERROR** ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Franklin Gomez Carranza, Ruben Torres Jauregui by Paige Pavone (Association Dues - Online Payment) (Pavone, Paige)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified on 1/15/2021 (snw). (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
57

ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Franklin Gomez Carranza, Ruben Torres Jauregui by Paige Pavone on behalf of: Claudia Valenzuela American Immigration Council 1331 G Street NW, Suite 200Washington, DC 20005 202-507-7540 cvalenzuela@immcouncil.org (Association Dues - Online Payment) (Pavone, Paige)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
58

NOTICE by Franklin Gomez Carranza, Ruben Torres Jauregui re 57 Association of Attorney Licensed Outside the District, Claudia Valenzuela (Pavone, Paige) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER

Association Dues Received: $ 100 receipt number ANMDC-7495913 re: # 57 Association of Attorney Licensed Outside the District, filed by Franklin Gomez Carranza, Ruben Torres Jauregui (Payment made via Pay.gov)(Winger, Emma)

Jan. 14, 2021

Jan. 14, 2021

PACER
59

Clerk's Minutes for proceedings held before Magistrate Judge Kevin R. Sweazea: Settlement Conference held on January 19, 2021. The case did not settle. (atc) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
60

ORDER by Magistrate Judge Kevin R. Sweazea Setting Telephonic Hearing on 23 Motion to Dismiss for Lack of Jurisdiction And Failure to State A Claim. Motion Hearing set for March 10, 2021 at 10:00 AM. The parties shall call (888) 398-2342 and enter code 8193818 to join the proceedings. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER

Order Setting Hearing on Motion

Jan. 19, 2021

Jan. 19, 2021

PACER
61

NOTICE by Franklin Gomez Carranza, Ruben Torres Jauregui re 29 Memorandum in Opposition of Supplemental Authorities (Attachments: # 1 Exhibit Supplemental Authority 1, # 2 Exhibit Supplemental Authority 2, # 3 Exhibit Supplemental Authority 3, # 4 Exhibit Supplemental Authority 4) (Winger, Emma) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
62

Defendant's RESPONSE to Named Plaintiffs' Notice of Supplemental Authorities re 61 Notice (Other), filed by Matthew T. Albence, Department of Homeland Security, Corey A. Price, United States Immigration and Customs Enforcement, Chad F. Wolf. (Lyman, Christine) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
63

Clerk's Minutes for proceedings held before Magistrate Judge Kevin R. Sweazea: Motion Hearing held on March 10, 2021 re 23 Motion to Dismiss for Lack of Jurisdiction filed by United States Immigration and Customs Enforcement. (atc) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
64

Unopposed MOTION to Amend/Correct 63 Motion Hearing Record by Franklin Gomez Carranza, Ruben Torres Jauregui. (Pavone, Paige) (Entered: 03/15/2021)

March 15, 2021

March 15, 2021

PACER
65

ORDER by Magistrate Judge Kevin R. Sweazea granting 64 Unopposed Motion to Correct the Record. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc) (Entered: 03/16/2021)

March 16, 2021

March 16, 2021

PACER

Order on Motion to Amend/Correct

March 16, 2021

March 16, 2021

PACER
66

NOTICE by Franklin Gomez Carranza, Ruben Torres Jauregui re 34 MOTION for Preliminary Injunction of Supplemental Evidence (Attachments: # 1 Exhibit Declaration of Laura St. John, # 2 Exhibit Declaration of Eleni Wolfe-Roubatis, # 3 Exhibit Declaration of David Faherty) (Winger, Emma) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER
67

Defendants' RESPONSE re 66 Notice (Other), filed by Matthew T. Albence, Department of Homeland Security, Corey A. Price, United States Immigration and Customs Enforcement, Chad F. Wolf. (Lyman, Christine) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
68

REPORT AND RECOMMENDATIONS by Magistrate Judge Kevin R. Sweazea re 4 Motion to Certify Class; 23 Motion to Dismiss for Lack of Jurisdiction; and 34 Motion for Preliminary Injunction. Objections to Report and Recommendations due by May 21, 2021. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (atc) (Entered: 05/07/2021)

May 7, 2021

May 7, 2021

RECAP
69

STIPULATION of Dismissal without prejudice by Franklin Gomez Carranza, Ruben Torres Jauregui (Pavone, Paige) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

RECAP

Case Details

State / Territory: New Mexico

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 4, 2020

Closing Date: May 18, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two individuals under ICE (US Immigration and Customs Enforcement) custody seeking access to phone calls. The plaintiffs’ proposed class includes "all current and future adult immigration detained persons who are or will be held in ICE custody in El Paso or Otero."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Department of Homeland Security , Federal

U.S. Immigration and Customs Enforcement, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

Constitutional Clause(s):

Due Process

Petitions clause

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Habeas Corpus

Phone

COVID-19:

Mitigation Denied

Mitigation Requested

Type of Facility:

Government-run

Immigration/Border:

Asylum - procedure

Constitutional rights

Detention - procedures