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Case: Dada v. Immigration and Customs Enforcement

2:20-cv-01093 | U.S. District Court for the Eastern District of Louisiana

Filed Date: April 1, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is an action brought by immigrant detainees particularly susceptible to a serious COVID-19 infection in Louisiana, Alabama, and Mississippi, alleging unconstitutional conditions of confinement and requesting release due to COVID-19. The case was dismissed on April 6 for lack of jurisdiction. On April 1, 2020, seventeen immigrant detainees, who are are highly vulnerable to serious injury and death if they contract COVID-19, filed this action in the U.S. District Court for …

COVID-19 Summary: This is an action brought by immigrant detainees particularly susceptible to a serious COVID-19 infection in Louisiana, Alabama, and Mississippi, alleging unconstitutional conditions of confinement and requesting release due to COVID-19. The case was dismissed on April 6 for lack of jurisdiction.


On April 1, 2020, seventeen immigrant detainees, who are are highly vulnerable to serious injury and death if they contract COVID-19, filed this action in the U.S. District Court for the Eastern District of Louisiana. Represented by the National Immigration Project of the National Lawyers Guild, the Center for Constitutional Rights, the Loyola Law Clinic, and private counsel, the plaintiffs sued U.S. Immigrations and Customs Enforcement (ICE), the New Orleans ICE Field Office, and the wardens of 5 ICE detention centers across Louisiana, Alabama, and Mississippi. Plaintiffs filed this suit under the Administrative Procedure Act (APA), 5 U.S.C. § 551 et seq, the Rehabilitation Act, 29 U.S.C. § 701 et seq, and the federal habeas statute, 28 U.S.C. § 2241, alleging violations of the APA, the Rehabilitation Act, and their Fifth Amendment rights. Specifically, they alleged that the defendants had failed to implement social distancing and hygiene measures, which amounted to punitive conditions of confinement given the threat of COVID-19. The plaintiffs sought a writ of habeas corpus, arguing that release from detention was the only appropriate remedy to the unconstitutional conditions. The case was assigned to Judge Greg Gerard Guidry and Magistrate Judge Karen Wells Roby.

The plaintiffs simultaneously filed an emergency motion for temporary restraining order, requesting the court to order the defendants to immediately release the plaintiffs from custody.

On April 4, the defendants filed a response in opposition to the temporary restraining order, arguing primarily that the court could not grant habeas relief because none of the plaintiffs or detention facilities were located within the territorial jurisdiction of the Eastern District of Louisiana.

On April 6, Judge Guidry dismissed the case for lack of jurisdiction, acknowledging that the plaintiffs from each state could file claims separately in the appropriate district court. 2020 WL 1674129.

Plaintiffs counsel did just that and filed an action on behalf of the Louisiana plaintiffs on April 14, found here in the Clearinghouse.

Summary Authors

Caitlin Kierum (6/3/2020)

Related Cases

Dada v. Witte, Western District of Louisiana (2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17035072/parties/dada-v-immigration-and-customs-enforcement/


Judge(s)

Guidry, Greg Gerard None (Louisiana)

Attorneys(s) for Plaintiff

Aguirre, Guadalupe V (New York)

Azmy, Baher (New York)

Free, Robert Andrew (Tennessee)

Guisado, Angelo R. (New York)

Jong, Jeremy (Louisiana)

Mansfield, Peter M. (Louisiana)

Pokharel, Astha Sharma (New York)

Quigley, William Patrick (Louisiana)

Saed, Aya (New York)

Judge(s)

Guidry, Greg Gerard None (Louisiana)

Attorneys(s) for Plaintiff

Aguirre, Guadalupe V (New York)

Azmy, Baher (New York)

Free, Robert Andrew (Tennessee)

Guisado, Angelo R. (New York)

Jong, Jeremy (Louisiana)

Mansfield, Peter M. (Louisiana)

Pokharel, Astha Sharma (New York)

Quigley, William Patrick (Louisiana)

Saed, Aya (New York)

Schwarz, Ghita (New York)

Shebaya, Sirine (District of Columbia)

Thomas, Brittany (New York)

Vogel, Matthew Scott (District of Columbia)

Expert/Monitor/Master

Nelson, Michael (Alabama)

Documents in the Clearinghouse

Document

2:20-cv-01093

Docket

April 6, 2020

April 6, 2020

Docket
2-1

2:20-cv-01093

Plaintiffs' Memorandum of Law in Support of Their Motion for a Temporary Restraining Order

Dada v. Witte

April 1, 2020

April 1, 2020

Pleading / Motion / Brief
1

2:20-cv-01093

Petition for a Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief

Dada v. Witte

April 1, 2020

April 1, 2020

Complaint
7 & 7-1

2:20-cv-01093

Memorandum in Opposition to Motion for Temporary Restraining Order

Dada v. Witte

April 3, 2020

April 3, 2020

Pleading / Motion / Brief
9

2:20-cv-01093

Plaintiffs' Reply to Defendants' Opposition to Motion for Temporary Restraining Order

Dada v. Witte

April 4, 2020

April 4, 2020

Pleading / Motion / Brief
12

2:20-cv-01093

Order

Dada v. Witte

April 6, 2020

April 6, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17035072/dada-v-immigration-and-customs-enforcement/

Last updated Nov. 30, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

PETITION Pursuant to 28:2241 (Filing fee $ 5 receipt number ALAEDC-8243730) filed by Sirous Asgari, Pardeep Kumar, Arnaldo Alexis Mujica Rangle, Matilde Flores de Saavedra, Tatalu Helen Dada, Viankis Maria Yanes Pardillo, Edilia Del Carmen Martinez, Nadira Sampath Grant, Rosabel Carrera, Diego Carrillo Och, Alex Hernandez, Jose Ruden Lira Arias, Leyanis Tamayo Espinoza, Suresh Kumar, Sonia Lemus Tejada Dejaso, Antonio Lopez Agustin, Griselda Del Bosque. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)Attorney Matthew Vogel added to party Sirous Asgari(pty:pla), Attorney Matthew Vogel added to party Rosabel Carrera(pty:pla), Attorney Matthew Vogel added to party Diego Carrillo Och(pty:pla), Attorney Matthew Vogel added to party Tatalu Helen Dada(pty:pla), Attorney Matthew Vogel added to party Griselda Del Bosque(pty:pla), Attorney Matthew Vogel added to party Edilia Del Carmen Martinez(pty:pla), Attorney Matthew Vogel added to party Matilde Flores de Saavedra(pty:pla), Attorney Matthew Vogel added to party Alex Hernandez(pty:pla), Attorney Matthew Vogel added to party Pardeep Kumar(pty:pla), Attorney Matthew Vogel added to party Suresh Kumar(pty:pla), Attorney Matthew Vogel added to party Jose Ruden Lira Arias(pty:pla), Attorney Matthew Vogel added to party Antonio Lopez Agustin(pty:pla), Attorney Matthew Vogel added to party Arnaldo Alexis Mujica Rangle(pty:pla), Attorney Matthew Vogel added to party Nadira Sampath Grant(pty:pla), Attorney Matthew Vogel added to party Leyanis Tamayo Espinoza(pty:pla), Attorney Matthew Vogel added to party Sonia Lemus Tejada Dejaso(pty:pla), Attorney Matthew Vogel added to party Viankis Maria Yanes Pardillo(pty:pla).(Vogel, Matthew) (Attachment 1 replaced on 4/2/2020) (pp). (Attachment 2 replaced on 4/2/2020) (pp). (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
2

EXPARTE Emergency MOTION for Temporary Restraining Order by Sirous Asgari, Rosabel Carrera, Diego Carrillo Och, Tatalu Helen Dada, Griselda Del Bosque, Edilia Del Carmen Martinez, Matilde Flores de Saavedra, Alex Hernandez, Pardeep Kumar, Suresh Kumar, Jose Ruden Lira Arias, Antonio Lopez Agustin, Arnaldo Alexis Mujica Rangle, Nadira Sampath Grant, Leyanis Tamayo Espinoza, Sonia Lemus Tejada Dejaso, Viankis Maria Yanes Pardillo. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Affidavit, # 4 Exhibit Sirous Asgari Decl., # 5 Exhibit Rosabel Carrera Decl., # 6 Exhibit Diego Carrillo Och Decl., # 7 Exhibit Tatalu Helen Dada Decl., # 8 Exhibit Griselda Del Bosque Decl., # 9 Exhibit Edilia Del Carmen Marinez Decl., # 10 Exhibit Matilde Flores de Saavedra Decl., # 11 Exhibit Alex Hernandez Decl., # 12 Exhibit Pardeep Kumar Decl., # 13 Exhibit Suresh Kumar Decl., # 14 Exhibit Jose Ruben Lira Arias Decl., # 15 Exhibit Antonio Lopez Agustin Decl., # 16 Exhibit Arnaldo Alexis Mujica Rangle Decl., # 17 Exhibit Nadira Sampath Grant Decl., # 18 Exhibit Leyanis Tamayo Espinoza Decl., # 19 Exhibit Sonia Lemus Tejada Damaso Decl., # 20 Exhibit Viankis Maria Yanes Pardillo Decl., # 21 Exhibit Lydia Bazzano Decl., # 22 Exhibit Jaimie Meyer Decl., # 23 Exhibit Lily Axelrod Decl., # 24 Exhibit Veronica Fernandez-Diaz Decl., # 25 Exhibit Joseph Giardina Decl., # 26 Exhibit Lois Gutierrez Decl., # 27 Exhibit Katrina Huber Decl., # 28 Exhibit Homero Lopez Decl., # 29 Exhibit Laura Rivera Decl., # 30 Exhibit Paul Scott Decl., # 31 Exhibit Emily Trostle Decl., # 32 Exhibit Mariel Villarreal Decl., # 33 Exhibit Jessica Myers Vosburgh Decl.)(Vogel, MModified on 4/6/2020 (mm). (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
3

Initial Case Assignment to Judge Greg Gerard Guidry and Magistrate Judge Karen Wells Roby. (cc) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
4

Correction of Docket Entry by Clerk re 1 Petition Pursuant to 28:2241. **Filing attorney did not properly format the pdf of Civil Cover Sheet and Summons. The pdf should not have the purple boxes nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action. No further action necessary.** (pp) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
5

Summons Issued as to David Cole, Steven DeBellevue, Keith Deville, Shawn Gillis, Jonathan Horton, Immigration and Customs Enforcement, Keith Peek. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(pp) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
6

ORDER re 2 Emergency MOTION for Temporary Restraining Order: IT IS ORDERED that, if not previously accomplished, electronic posting of this Order and Plaintiffs' 2241 habeas petition shall effect service upon the United States Attorney of the petition, motion for temporary restraining order, and all supporting documents. Service upon the United States Attorney is Deemed to be service upon the named Respondents-Defendants. FURTHER ORDERED that the defendants shall file a response to Plaintiffs' Motion for Temporary Restraining Order by 04/03/2020 at 5:00 pm. Plaintiffs shall file a reply by 04/04/2020 by 5:00 pm. IF the Court deems either oral argument or a status conference necessary, it will inform the parties by email and conduct a telephonic proceeding to be held at 4/6/2020 10:00 AM before Judge Greg Gerard Guidry. FURTHER ORDERED that Defendants' response, as well as Plaintiffs' reply address the threshold issue of whether this Court has jurisdiction to entertain Plaintiffs' petition. Signed by Judge Greg Gerard Guidry on 04/02/2020.(ko) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER

Initial Case Assignment

April 2, 2020

April 2, 2020

PACER

Correction of Docket Entry by Clerk

April 2, 2020

April 2, 2020

PACER
7

RESPONSE/MEMORANDUM in Opposition filed by Immigration and Customs Enforcement re 2 Emergency MOTION for Temporary Restraining Order. (Attachments: # 1 Exhibit 1 (Declaration of Michael Nelson))(Mansfield, Peter) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
8

EXPARTE/CONSENT MOTION for Leave to File Reply in Excess Pages to Plaintiff's Memorandum in Oppostion to Motion re: rec. doc. 2 by Sirous Asgari, Rosabel Carrera, Diego Carrillo Och, Tatalu Helen Dada, Griselda Del Bosque, Edilia Del Carmen Martinez, Matilde Flores de Saavedra, Alex Hernandez, Pardeep Kumar, Suresh Kumar, Jose Ruden Lira Arias, Antonio Lopez Agustin, Arnaldo Alexis Mujica Rangle, Nadira Sampath Grant, Leyanis Tamayo Espinoza, Sonia Lemus Tejada Dejaso, Viankis Maria Yanes Pardillo. (Attachments: # 1 Proposed Order)(Vogel, Matthew) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
9

REPLY to Response to Motion filed by All Plaintiffs re 2 Emergency MOTION for Temporary Restraining Order. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Vogel, Matthew) Modified text on 4/6/2020 (mm). (Filed Per Order at rec. doc. 10.) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
10

TEXT ORDER (No PDF Document Attached) granting 8 Motion for Leave to File REPLY to Response to Motion filed by All Plaintiffs re 2 Emergency MOTION for Temporary Restraining Order Emergency in Excess of 10 Pages. Signed by Judge Greg Gerard Guidry on 4/4/2020. (tjg) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER

Order on Motion for Leave to File Excess Pages

April 4, 2020

April 4, 2020

PACER
11

Habeas Corpus Response Order that the United States Attorney for the Eastern District of Louisiana respond to the petition of Habeas Corpus on or before 05/04/2020. Signed by Judge Greg Gerard Guidry on 04/06/2020.(ko) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
12

ORDER DISMISSING CASE without prejudice. The Petition is dismissed as set forth in document. Signed by Judge Greg Gerard Guidry on 04/06/2020.(ko) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

RECAP
13

JUDGMENT entered in favor of Defendants and against Plaintiffs and all claims in the above-captioned matter are dismissed without prejudice. Signed by Judge Greg Gerard Guidry on 04/06/2020.(ko) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

RECAP

Case Details

State / Territory: Louisiana

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 1, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

17 immigrant detainees housed in ICE facilities in Louisiana, Alabama, and Mississippi

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

National Immigration Project of the NLG

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement (ICE), Regional

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Bathing and hygiene

Conditions of confinement

Totality of conditions

Crowding:

Crowding / caseload

Disability:

disability, unspecified

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Immigration/Border:

Detention - conditions

Detention - procedures