Case: Coreas v. Bounds

8:20-cv-00780 | U.S. District Court for the District of Maryland

Filed Date: March 24, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a habeas action filed by immigration detainees in ICE facilities in Maryland, seeking release from detention. The detainees claimed their underlying medical conditions made them particularly vulnerable to serious illness or death from COVID-19. The court granted preliminary injunctions on April 30 and May 7, ordering the release of several detainees. Additionally, on September 18, the court granted the petitioner's motion for class certification. The court denied a mot…

COVID-19 Summary: This is a habeas action filed by immigration detainees in ICE facilities in Maryland, seeking release from detention. The detainees claimed their underlying medical conditions made them particularly vulnerable to serious illness or death from COVID-19. The court granted preliminary injunctions on April 30 and May 7, ordering the release of several detainees. Additionally, on September 18, the court granted the petitioner's motion for class certification. The court denied a motion for expedited bail hearings on January 26, 2021.


On March 24, 2020, immigration detainees detained in Immigration and Customs Enforcement (ICE) facilities in Maryland brought this action in the U.S. District Court for the District of Maryland. Represented by the National Immigration Project of the National Lawyers Guild, Capital Area Immigrants' Rights Coalition, the American Civil Liberties Union (ACLU) of Maryland, and the ACLU's National Prison Project and Immigrants' Rights Project, the detainees brought this action against ICE, the ICE Baltimore Field Office, the Worcester County Detention Center, and the Howard County Department of Corrections. Suing under 28 U.S.C. § 2241 (the federal habeas statute), and the Rehabilitation Act, 29 U.S.C. § 701 et seq, the plaintiffs alleged violations of their Fifth Amendment rights. Specifically, they alleged that because they had underlying medical conditions, their continued detention was unconstitutional and in violation of the Rehabilitation Act because it put them at a higher risk of serious illness or death from COVID-19. The plaintiffs sought declaratory relief and release from detention. The case was assigned to Judge Theodore D. Chuang.

The detainees simultaneously filed a motion for temporary restraining order, seeking their immediate release from custody. The motion was denied on April 3, 2020, stating that the detainees could renew their motion in the event that a detainee or staff member at the Howard County Detention Center (HCDC) or Worcester County Detention Center (WCDC) tested positive for COVID-19, or if the defendants failed to file a Testing Certification by April 8. 451 F.Supp.3d 407.

The detainees filed an amended complaint and a second emergency motion for temporary restraining order on April 26, 2020 seeking release for detainees in HCDC and WCDC. The court denied the temporary restraining order on April 27 for mainly procedural reasons, stating the current case management plan only allowed for a renewed motion for relief as to HCDC, and that relief for detainees in WCDC would require the detainees to file a notice of intent first.

That same day the detainees filed a motion for a preliminary injunction to release the named plaintiff from HCDC, and on April 28, the detainees from WCDC filed a separate motion for preliminary injunction. The court granted the motion as to the HCDC plaintiff on April 30. 457 F.Supp.3d 460. On May 7, the court granted another preliminary injunction, releasing several detainees from WCDC.

The detainees filed an amended complaint on May 29, adding additional named plaintiffs, then on June 19, they filed a motion to certify the class.

On July 1, 2020, the court consolidated this case with Mansaray v. Kavanaugh(20-cv-01304-TDC), a habeas case brought by a petitioner seeking release from immigrant detention on similar grounds.

The defendants appealed the preliminary injunction as to the detainee from HCDC on June 26 (USCA 20-6984). The defendants had additionally appealed the preliminary injunction as to the WCDC detainees on July 6 (USCA 20-7005) and the Fourth Circuit consolidated that appeal with Cedillo v. Bounds (8:20-cv-00780-TDC) on July 8. The Fourth Circuit dismissed these appeals on September 30, 2020.

Back in the District Court on September 18, 2020, Judge Chuang granted in part and denied in part the June 19 motion for class certification. The court approved two subclasses: (1) the "Howard County Subclass" defined as "All persons who are or will in the future be in ICE detention at the Howard County Detention Center who are age 50 or older or who have medical conditions that place them at heightened risk of severe illness or death from COVID-19;" and (2), a "Worcester County Subclass" defined as "All persons who are or will in the future be in ICE detention at the Worcester County Detention Center who are age 50 or older or who have medical conditions that place them at heightened risk of severe illness or death from COVID-19." However, the court denied the petitioner's request that the court hold expedited bail hearings for class members. The court reasoned that due to the reduced numbers of ICE detainees in the Detention Facilities, improved mitigation measures, and test results showing no cases among ICE detainees and limited numbers of positive tests among staff, it couldn't find that exceptional circumstances required bail hearings as the only way to protect the petitioners' health and safety. 2020 WL 5593338.

In light of a growing number of positive tests, the petitioners renewed their motion for expedited bail hearings, asserting unconstitutional conditions of confinement. They argued that respondents' efforts to address COVID-19 failed to protect the petitioners from a known threat to their health and safety and that the plaintiffs' confinement was impermissible because they are civil detainees, not convicted criminal prisoners.

Judge Chuang denied the plaintiffs' motion on January 26, 2021. The court determined that the petitioners did not have a high probability of success in establishing that the respondents acted with deliberate indifference to the health and safety of the plaintiffs. The court found that HCDC's recent measures to combat COVID-19 spread, including increased testing, the distribution of N-95 masks, and the offering of vaccination to all detainees, constituted a reasonable response to the detainees' health concerns. The court also found that the respondents' offer of vaccinations undermined the claim of impermissible punishment. The court concluded that the petitioners failed to identify any specific exceptional circumstances warranting bail determinations for all high-risk ICE detainees. 2021 WL 252718

The case is ongoing.

Summary Authors

Caitlin Kierum (7/8/2020)

Lily Sawyer-Kaplan (10/18/2020)

Nicholas Gillan (2/19/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17007388/parties/coreas-v-bounds/


Judge(s)

Chuang, Theodore David (Maryland)

Attorneys(s) for Plaintiff

Appelbaum, Adina Bassim (District of Columbia)

Cho, Eunice (District of Columbia)

Fathi, David Cyrus (District of Columbia)

Green, Brian Scott (California)

Hoidra, Sharareh Borhani (Maryland)

Jadwat, Omar C. (New York)

Kang, Stephen B. (California)

Qureshi, Amber (Maryland)

Shebaya, Sirine (District of Columbia)

Judge(s)

Chuang, Theodore David (Maryland)

Attorneys(s) for Plaintiff

Appelbaum, Adina Bassim (District of Columbia)

Cho, Eunice (District of Columbia)

Fathi, David Cyrus (District of Columbia)

Green, Brian Scott (California)

Hoidra, Sharareh Borhani (Maryland)

Jadwat, Omar C. (New York)

Kang, Stephen B. (California)

Qureshi, Amber (Maryland)

Shebaya, Sirine (District of Columbia)

Steiner, Nicholas Taichi (Maryland)

Tan, Michael K. T. (New York)

Vogel, Matthew Scott (District of Columbia)

Attorneys(s) for Defendant

Kuc, Gary W (Maryland)

LeDuc, Vickie (Maryland)

Leslie, Roscoe R (Maryland)

Marzullo, Kelly M (Maryland)

Peltzman, Cynthia G. (Maryland)

Ruzzi, Louis P (Maryland)

Vaccarella, Vincent J (Maryland)

Other Attorney(s)

Buergel, Susanna M. (New York)

Johnson, Darren W. (New York)

Kimball-Stanley, David C. (New York)

Sweeney, Maureen A. (Maryland)

Documents in the Clearinghouse

Document

8:20-cv-00780

20-06984

1:20-cv-01304

20-07005

Docket [PACER]

Feb. 12, 2021

Feb. 12, 2021

Docket
1

8:20-cv-00780

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

March 24, 2020

March 24, 2020

Complaint
2-1

8:20-cv-00780

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

March 24, 2020

March 24, 2020

Pleading / Motion / Brief
57

8:20-cv-00780

Order

April 3, 2020

April 3, 2020

Order/Opinion
56

8:20-cv-00780

Memorandum Opinion

451 F.Supp.3d 407

April 3, 2020

April 3, 2020

Order/Opinion
78

8:20-cv-00780

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

April 27, 2020

April 27, 2020

Complaint
74

8:20-cv-00780

Order

April 27, 2020

April 27, 2020

Order/Opinion
76-1

8:20-cv-00780

Petitioner-Plaintiff Coreas's Memorandum of Law in Support of His Motion for a Preliminary Injunction

April 27, 2020

April 27, 2020

Pleading / Motion / Brief
87

8:20-cv-00780

Memorandum Order

457 F.Supp.3d 460

April 30, 2020

April 30, 2020

Order/Opinion
91

8:20-cv-00780

Order

May 4, 2020

May 4, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17007388/coreas-v-bounds/

Last updated Aug. 5, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief ( Filing fee $ 5 receipt number 0416-8583585.), filed by Mauricio Coreas, Angel Guzman Cedillo. (Attachments: # 1 Civil Cover Sheet civil cover sheet, # 2 Summons compiled summons)(Shebaya, Sirine) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER
2

Emergency MOTION for Temporary Restraining Order by Angel Guzman Cedillo, Mauricio Coreas (Attachments: # 1 Memorandum in Support Memorandum of Law, # 2 Text of Proposed Order Proposed Order, # 3 Exhibit Ex 1 - Qureshi Decl, # 4 Exhibit Ex 2 - Mishori Decl, # 5 Exhibit Ex 3 - Lorenzen-Strait Decl, # 6 Exhibit Ex 4 - Lopez Decl, # 7 Exhibit Ex 5 - Bakst Decl 1, # 8 Exhibit Ex 6 - Bakst Decl 2)(Shebaya, Sirine) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER
3

NOTICE of Appearance by Amber Qureshi on behalf of Angel Guzman Cedillo, Mauricio Coreas (Qureshi, Amber) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER
4

NOTICE of Appearance by Nicholas Taichi Steiner on behalf of All Plaintiffs (Steiner, Nicholas) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER

Case Assigned to Judge Theodore D. Chuang. (ko, Deputy Clerk)

March 25, 2020

March 25, 2020

PACER
5

NOTICE by Angel Guzman Cedillo, Mauricio Coreas re 2 Emergency MOTION for Temporary Restraining Order Notice of Supplemental Authority (Attachments: # 1 Exhibit Ex A - Amended Order)(Shebaya, Sirine) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
6

NOTICE of Appearance by Vincent J Vaccarella on behalf of All Defendants (Vaccarella, Vincent) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
7

Summons Issued 60 days as to Matthew T. Albence, Donna Bounds, Immigration and Customs Enforcement, Jack Kavanaugh, Janean Ohin, U.S. Attorney and U.S. Attorney General(ybs, Deputy Clerk) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
8

PAPERLESS NOTICE. A telephone case management conference in this case will be held on Thursday, March 26, 2020 at 10:30 a.m. In advance of the conference, the parties shall meet and confer to seek agreement on a briefing schedule on the pending Motion for a Temporary Restraining Order. Call-in information will be sent separately. (sb3s, Chambers) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
9

MOTION to Appear Pro Hac Vice for Matthew Vogel (Filing fee $100, receipt number 0416-8586405.) by Angel Guzman Cedillo, Mauricio Coreas(Shebaya, Sirine) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
10

MOTION to Appear Pro Hac Vice for Adina Appelbaum (Filing fee $100, receipt number 0416-8586407.) by Angel Guzman Cedillo, Mauricio Coreas(Shebaya, Sirine) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
11

MOTION to Appear Pro Hac Vice for Michael Tan (Filing fee $100, receipt number 0416-8586408.) by Angel Guzman Cedillo, Mauricio Coreas(Shebaya, Sirine) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
12

MOTION to Appear Pro Hac Vice for Stephen Kang (Filing fee $100, receipt number 0416-8586409.) by Angel Guzman Cedillo, Mauricio Coreas(Shebaya, Sirine) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
13

MOTION to Appear Pro Hac Vice for Omar Jadwat (Filing fee $100, receipt number 0416-8586411.) by Angel Guzman Cedillo, Mauricio Coreas(Shebaya, Sirine) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
14

QC NOTICE: 9 Motion to Appear Pro Hac Vice filed by Angel Guzman Cedillo, Mauricio Coreas needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
15

QC NOTICE: 10 Motion to Appear Pro Hac Vice filed by Angel Guzman Cedillo, Mauricio Coreas needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
16

QC NOTICE: 11 Motion to Appear Pro Hac Vice filed by Angel Guzman Cedillo, Mauricio Coreas needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
17

CERTIFICATE OF SERVICE by Angel Guzman Cedillo, Mauricio Coreas re 2 Emergency MOTION for Temporary Restraining Order Amended Certificate of Service (Shebaya, Sirine) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
18

QC NOTICE: 12 Motion to Appear Pro Hac Vice filed by Angel Guzman Cedillo, Mauricio Coreas needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
19

QC NOTICE: 13 Motion to Appear Pro Hac Vice filed by Angel Guzman Cedillo, Mauricio Coreas needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
20

Case Management Conference held on 3/26/2020 before Judge Theodore D. Chuang.(FTR: K.A. Moye') (kams, Deputy Clerk) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
21

CORRECTED MOTION to Appear Pro Hac Vice for Adina Appelbaum by Angel Guzman Cedillo, Mauricio Coreas. The fee has already been paid.(Shebaya, Sirine) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
22

CORRECTED MOTION to Appear Pro Hac Vice for Matthew Vogel by Angel Guzman Cedillo, Mauricio Coreas. The fee has already been paid.(Shebaya, Sirine) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
23

CORRECTED MOTION to Appear Pro Hac Vice for Stephen Kang by Angel Guzman Cedillo, Mauricio Coreas. The fee has already been paid.(Shebaya, Sirine) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
24

CORRECTED MOTION to Appear Pro Hac Vice for Michael Tan by Angel Guzman Cedillo, Mauricio Coreas. The fee has already been paid.(Shebaya, Sirine) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
25

CORRECTED MOTION to Appear Pro Hac Vice for Omar Jadwat by Angel Guzman Cedillo, Mauricio Coreas. The fee has already been paid.(Shebaya, Sirine) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
26

PAPERLESS ORDER granting 21 Corrected Motion to Appear Pro Hac Vice on behalf of Adina B Appelbaum. Directing attorney Adina B Appelbaum to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 3/27/2020. (srds, Deputy Clerk) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
27

PAPERLESS ORDER granting 22 Corrected Motion to Appear Pro Hac Vice on behalf of Matthew S Vogel. Directing attorney Matthew S Vogel to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 3/27/2020. (srds, Deputy Clerk) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
28

PAPERLESS ORDER granting 23 Corrected Motion to Appear Pro Hac Vice on behalf of Stephen B Kang. Directing attorney Stephen B Kang to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 3/27/2020. (srds, Deputy Clerk) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
29

PAPERLESS ORDER granting 24 Corrected Motion to Appear Pro Hac Vice on behalf of Michael Tan. Directing attorney Michael Tan to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 3/27/2020. (srds, Deputy Clerk) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
30

PAPERLESS ORDER granting 25 Corrected Motion to Appear Pro Hac Vice on behalf of Omar C Jadwat. Directing attorney Omar C Jadwat to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 3/27/2020. (srds, Deputy Clerk) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
31

PAPERLESS ORDER. As stated at the March 26, 2020 Case Management Conference, the Government's Opposition to Plaintiffs' Motion for a Preliminary Injunction is due Monday, March 30, 2020 by the close of business. Plaintiffs' Reply is due April 1, 2020 by the close of business. The "close of business" is defined as 5:00 p.m. EDT. Signed by Judge Theodore D. Chuang on 3/27/2020. (nrs, Chambers) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
32

MOTION for Leave to File Brief of Amici Curiae Public Health and Human Rights Experts, MOTION to Appear Pro Hac Vice for Susanna Buergel (Filing fee $100, receipt number 0416-8590310.) by Amici Curiae Public Health and Human Rights Experts (Attachments: # 1 Entry of Appearance of Maureen A. Sweeney for Amici Curiae Public Health and Human Rights Experts, # 2 Motion for Admission Pro Hac Vice for Susanna Buergel)(Sweeney, Maureen) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
33

MOTION to Appear Pro Hac Vice for Darren Johnson (Filing fee $100, receipt number 0416-8590311.) by Amici Curiae Public Health and Human Rights Experts(Sweeney, Maureen) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
34

MOTION to Appear Pro Hac Vice for David Kimball-Stanley (Filing fee $100, receipt number 0416-8590312.) by Amici Curiae Public Health and Human Rights Experts(Sweeney, Maureen) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
35

PAPERLESS ORDER granting 32 Motion for Leave to File Amicus Brief. Signed by Judge Theodore D. Chuang on 3/30/2020. (nr, Chambers) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
36

QC NOTICE: 33 Motion to Appear Pro Hac Vice filed by Amici Curiae Public Health and Human Rights Experts needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
37

QC NOTICE: 34 Motion to Appear Pro Hac Vice filed by Amici Curiae Public Health and Human Rights Experts needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
38

QC NOTICE: 32 Motion for Leave to File,, Motion to Appear Pro Hac Vice, filed by Amici Curiae Public Health and Human Rights Experts was filed incorrectly. **The Motion for Admission Pro Hac Vice for Susanna Buergel must be a separate filing. This motion will not be approved as filed. Please re-file the Motion for Admission Pro Hac Vice for Susanna Buergel using the docketing event Motion to Appear Pro Hac Vice. (rss, Deputy Clerk) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
39

RESPONSE in Opposition re 2 Emergency MOTION for Temporary Restraining Order filed by Matthew T. Albence, Donna Bounds, Immigration and Customs Enforcement, Jack Kavanaugh, Janean Ohin. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Vaccarella, Vincent) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
40

SUPPLEMENTAL RESPONSE in Opposition re 2 Emergency MOTION for Temporary Restraining Order filed by Matthew T. Albence, Donna Bounds, Immigration and Customs Enforcement, Jack Kavanaugh, Janean Ohin. (Attachments: # 1 Exhibit Exhibit 4)(Vaccarella, Vincent) Modified on 3/31/2020 to enhance title(rss, Deputy Clerk). (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
41

MOTION to Appear Pro Hac Vice for Eunice Cho (Filing fee $100, receipt number 0416-8592990.) by Angel Guzman Cedillo, Mauricio Coreas(Shebaya, Sirine) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
42

MOTION to Appear Pro Hac Vice for David Fathi (Filing fee $100, receipt number 0416-8593003.) by Angel Guzman Cedillo, Mauricio Coreas(Shebaya, Sirine) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
43

ORDER re 2 Emergency MOTION for Temporary Restraining Order filed by Angel Guzman Cedillo, Mauricio Coreas; Scheduling video conference on Thursday, April 2, 2020 at 2:00 p.m.. Signed by Judge Theodore D. Chuang on 3/31/2020. (ybs, Deputy Clerk) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

RECAP
44

CORRECTED MOTION to Appear Pro Hac Vice for Darren Johnson by Amici Curiae Public Health and Human Rights Experts. The fee has already been paid.(Sweeney, Maureen) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
45

CORRECTED MOTION to Appear Pro Hac Vice for David Kimball-Stanley by Amici Curiae Public Health and Human Rights Experts. The fee has already been paid.(Sweeney, Maureen) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
46

CORRECTED MOTION to Appear Pro Hac Vice for Susanna Buergel by Amici Curiae Public Health and Human Rights Experts. The fee has already been paid.(Sweeney, Maureen) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
47

PAPERLESS ORDER granting 41 Motion to Appear Pro Hac Vice on behalf of Eunice Cho. Directing attorney Eunice Cho to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/1/2020. (srds, Deputy Clerk) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
48

QC NOTICE: 42 Motion to Appear Pro Hac Vice filed by Angel Guzman Cedillo, Mauricio Coreas needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
49

PAPERLESS ORDER granting 44 Corrected Motion to Appear Pro Hac Vice on behalf of Darren Johnson. Directing attorney Darren Johnson to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/1/2020. (srds, Deputy Clerk) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
50

PAPERLESS ORDER granting 45 Corrected Motion to Appear Pro Hac Vice on behalf of David Kimball-Stanley. Directing attorney David Kimball-Stanley to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/1/2020. (srds, Deputy Clerk) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
51

PAPERLESS ORDER granting 46 Corrected Motion to Appear Pro Hac Vice on behalf of Susanna Buergel. Directing attorney Susanna Buergel to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/1/2020. (srds, Deputy Clerk) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
52

REPLY to Response to Motion re 2 Emergency MOTION for Temporary Restraining Order filed by Angel Guzman Cedillo, Mauricio Coreas. (Attachments: # 1 Exhibit Qureshi Declaration, # 2 Exhibit Coreas Declaration, # 3 Exhibit Guzman Cedillo Declaration, # 4 Exhibit Bakst Declaration, # 5 Exhibit Yorick Declaration, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit)(Shebaya, Sirine) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
53

NOTICE by Angel Guzman Cedillo, Mauricio Coreas re 2 Emergency MOTION for Temporary Restraining Order Notice of Withdrawal of Expert Declaration of Dr. Ranit Mishori (Attachments: # 1 Attachment Amended TRO with updated citations, # 2 Attachment Amended TRO redline)(Shebaya, Sirine) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
54

Motion Hearing held on 4/2/2020 re 2 Emergency MOTION for Temporary Restraining Order filed by Angel Guzman Cedillo, Mauricio Coreas before Judge Theodore D. Chuang.(Court Reporter: Christine Asif) (bus, Deputy Clerk) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
55

CORRECTED MOTION to Appear Pro Hac Vice for David Fathi by Angel Guzman Cedillo, Mauricio Coreas. The fee has already been paid.(Shebaya, Sirine) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
56

MEMORANDUM OPINION. Signed by Judge Theodore D. Chuang on 4/3/2020. (kns, Deputy Clerk) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

RECAP
57

ORDER denying 2 Petitioners' Motion for Temporary Restraining Order without prejudice. Signed by Judge Theodore D. Chuang on 4/3/2020. (kns, Deputy Clerk) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
58

PAPERLESS ORDER granting 55 Corrected Motion to Appear Pro Hac Vice on behalf of David Cyrus Fathi. Directing attorney David Cyrus Fathi to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/6/2020. (srds, Deputy Clerk) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
59

DECLARATION of Kevin J. Brown Jr. by Matthew T. Albence, Donna Bounds, Immigration and Customs Enforcement, Jack Kavanaugh, Janean Ohin (Vaccarella, Vincent) Modified on 4/8/2020 (ybs, Deputy Clerk). (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
60

Emergency MOTION for Other Relief Requesting Status Conference by Angel Guzman Cedillo, Mauricio Coreas (Attachments: # 1 Exhibit Ex 1 - Plaintiff Counsel email to chambers)(Shebaya, Sirine) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
61

PAPERLESS ORDER. The Court is in receipt of 60 Emergency Motion for Status Conference and of emails from the parties regarding Mr. Coreass detention at Howard County Detention Center. In light of those communications, it is hereby ORDERED that the Government must file by 9:30 a.m. on Thursday, April 9, 2020 a written Status Report regarding the current status of Mr. Coreass detention at HCDC and any plans to transfer him to another detention center. The Motion is GRANTED in that a telephone case management conference is scheduled for Thursday, April 9, 2020 at 11:00 a.m. In light of the Governments representation that Mr. Coreas will not be transferred before the case management conference, the Court need not issue an order at this time relating to his possible transfer. Instructions for the call will be emailed to the parties. The parties are advised that all further substantive communications with the Court should be made only through filings on the docket. Signed by Judge Theodore D. Chuang on 4/8/2020. (nrs, Chambers) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
62

CASE MANAGEMENT ORDER. Signed by Judge Theodore D. Chuang on 4/8/2020. (tds, Deputy Clerk) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

RECAP
63

STATUS REPORT by Matthew T. Albence, Donna Bounds, Immigration and Customs Enforcement, Jack Kavanaugh, Janean Ohin (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vaccarella, Vincent) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
64

STATUS REPORT Petitioners' Response to Respondents' Status Report by Angel Guzman Cedillo, Mauricio Coreas (Attachments: # 1 Exhibit Ex 1 - Declaration of Mr. Mauricio Coreas, # 2 Exhibit Ex 2 - Declaration of Dr. Kate Sugarman)(Shebaya, Sirine) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
65

ORDER regarding Status Conference held on April 9, 2020. Signed by Judge Theodore D. Chuang on 4/9/2020. (ybs, Deputy Clerk) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
66

Correspondence re: April 9, 2020 Email Correspondence from Mr. Vaccarelli (Attachments: # 1 Exhibit Ex 1 - Vaccarella Email, # 2 Exhibit Ex - Bakst Supplemental Declaration)(Shebaya, Sirine) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
67

ORDER BARRING all parties from communicating with the Court by email or telephone on any matter relating to the merits of this case. Any future violations may result in an Order of Contempt. Signed by Judge Theodore D. Chuang on 4/10/2020. (rss, Deputy Clerk) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

RECAP
68

STATUS REPORT Joint Status Report by Angel Guzman Cedillo, Mauricio Coreas(Shebaya, Sirine) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
69

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 04/02/2020, before Judge Theodore D. Chuang. Court Reporter Christine Asif, Telephone number 410-962-4492. Total number of pages filed: 91. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 5/4/2020. Redacted Transcript Deadline set for 5/14/2020. Release of Transcript Restriction set for 7/13/2020.(ca, Court Reporter) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
70

NOTICE of Appearance by David Cyrus Fathi on behalf of All Plaintiffs (Fathi, David) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
71

NOTICE by Matthew T. Albence, Donna Bounds, Immigration and Customs Enforcement, Jack Kavanaugh, Janean Ohin (Vaccarella, Vincent) (Entered: 04/25/2020)

April 25, 2020

April 25, 2020

PACER
72

AMENDED COMPLAINT against Matthew T. Albence, Donna Bounds, Immigration and Customs Enforcement, Jack Kavanaugh, Janean Ohin, filed by Angel Guzman Cedillo, Mauricio Coreas, William Kemcha. (Attachments: # 1 Attachment Redline to Complaint)(Shebaya, Sirine) (Entered: 04/26/2020)

April 26, 2020

April 26, 2020

PACER
73

Emergency MOTION for Temporary Restraining Order Second Emergency Motion for Temporary Restraining Order by Angel Guzman Cedillo, Mauricio Coreas, William Kemcha (Attachments: # 1 Memorandum in Support Memorandum of Law In Support of Motion for Temporary Restraining Order, # 2 Exhibit Ex 27 - Qureshi Decl, # 3 Exhibit Ex 28 - Coreas Supp Decl, # 4 Exhibit Ex 29 - Guzman Cedillo Supp Decl, # 5 Exhibit Ex 30 - Kemcha Decl, # 6 Exhibit Ex 31 - Daud Decl, # 7 Exhibit Ex 32 - Yorick Supp Decl, # 8 Exhibit Ex 33 - Greifinger Second Decl, # 9 Exhibit Ex 34 - Sugarman Second Decl, # 10 Exhibit Ex 35 - WHO Situation Rpt, # 11 Exhibit Ex 36 - MD Dept of Health Coronavirus Update, # 12 Exhibit Ex 37, # 13 Exhibit Ex 38, # 14 Exhibit Ex 39, # 15 Exhibit Ex 40, # 16 Exhibit Ex 41, # 17 Exhibit Ex 42, # 18 Exhibit Ex 43, # 19 Exhibit Ex 44, # 20 Exhibit Ex 45, # 21 Exhibit Ex 46, # 22 Exhibit Ex 47, # 23 Exhibit Ex 48, # 24 Exhibit Ex 49, # 25 Text of Proposed Order Proposed Order)(Shebaya, Sirine) (Entered: 04/26/2020)

April 26, 2020

April 26, 2020

PACER
74

ORDER DENYING 73 Emergency MOTION for Temporary Restraining Order Second Emergency Motion for Temporary Restraining Order and SCHEDULING a Case Management Conference is scheduled for today, April 27, 2020, at 2:00 p.m. Signed by Judge Theodore D. Chuang on 4/27/2020. (rss, Deputy Clerk) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
75

NOTICE by Angel Guzman Cedillo, William Kemcha Notice of Intent to File Motion for Preliminary Injunction (Shebaya, Sirine) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
76

MOTION for Preliminary Injunction by Mauricio Coreas (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit)(Shebaya, Sirine) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
77

ORDER GRANTING LEAVE TO FILE RENEWED MOTION FOR PRELIMINARY INJUNCTION AND SETTING RELATED DEADLINES. Signed by Judge Theodore D. Chuang on 4/27/2020. (cs3s, Deputy Clerk) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

RECAP
78

AMENDED COMPLAINT against Matthew T. Albence, Donna Bounds, Immigration and Customs Enforcement, Jack Kavanaugh, Janean Ohin, filed by William Kemcha, Angel Guzman Cedillo, Mauricio Coreas. (Attachments: # 1 Attachment Redline to Complaint, # 2 Exhibit Ex A, # 3 Exhibit Ex B, # 4 Exhibit Ex C, # 5 Exhibit Ex D, # 6 Exhibit Ex F, # 7 Exhibit Ex G, # 8 Exhibit Ex H, # 9 Exhibit Ex I, # 10 Exhibit Ex J, # 11 Exhibit Ex K, # 12 Exhibit Ex L, # 13 Exhibit Ex M, # 14 Exhibit Ex N, # 15 Exhibit Ex O, # 16 Exhibit Ex P, # 17 Exhibit Ex Q)(Shebaya, Sirine) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
79

RENEWED MOTION for Preliminary Injunction by Angel Guzman Cedillo, William Kemcha (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit Ex 71 - Fifth Qureshi Decl, # 4 Exhibit Ex 72 - Guzman Cedillo Supplemental Decl, # 5 Exhibit Ex 73 - Kemcha Decl, # 6 Exhibit Ex 74 - Daud Decl, # 7 Exhibit Ex 75 - Medical Records, # 8 Exhibit Ex 76 - Second Sugarman Decl, # 9 Exhibit Ex 77 - WHO Situation Report, # 10 Exhibit Ex 78 - Maryland COVID Website, # 11 Exhibit Ex 79 - Worcester Study)(Shebaya, Sirine) Modified on 4/29/2020 to enhance title (rss, Deputy Clerk). (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
80

MOTION to Seal Portion of the Record by Angel Guzman Cedillo, William Kemcha (Attachments: # 1 Text of Proposed Order)(Shebaya, Sirine) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
81

Sealed Document(Shebaya, Sirine) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
82

RESPONSE in Opposition re 76 MOTION for Preliminary Injunction filed by Matthew T. Albence, Immigration and Customs Enforcement, Jack Kavanaugh, Janean Ohin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Vaccarella, Vincent) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
83

-SEALED - NOTICE of Filing Under Seal Exhibit 75 to Motion for Preliminary Injunction by Angel Guzman Cedillo, William Kemcha re 80 MOTION to Seal Portion of the Record, 79 MOTION for Preliminary Injunction, 81 Sealed Document (Shebaya, Sirine) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
84

REPLY to Response to Motion re 76 MOTION for Preliminary Injunction filed by Mauricio Coreas. (Attachments: # 1 Exhibit Ex 80 - Third Yorick Declaration, # 2 Exhibit Ex 81 - Supplemental Coreas Declaration)(Shebaya, Sirine) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
85

Supplemental to 84 Reply to Response to Motion, filed by Mauricio Coreas Supplemental Declaration Concerning Release Plan (Shebaya, Sirine) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
86

RESPONSE to Motion re 79 MOTION for Preliminary Injunction filed by Matthew T. Albence, Donna Bounds, Immigration and Customs Enforcement, Janean Ohin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Vaccarella, Vincent) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
87

MEMORANDUM ORDER granting ECF No. 76 MOTION for Preliminary Injunction by Mauricio Coreas. Signed by Judge Theodore D. Chuang on 4/30/2020. (ybs, Deputy Clerk) Modified on 4/30/2020 (ybs, Deputy Clerk). (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

RECAP
88

PRELIMINARY INJUNCTION. Signed by Judge Theodore D. Chuang on 4/30/2020. (ybs, Deputy Clerk) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
89

NOTICE by Matthew T. Albence, Donna Bounds, Immigration and Customs Enforcement, Jack Kavanaugh, Janean Ohin (Vaccarella, Vincent) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
90

REPLY to Response to Motion re 79 MOTION for Preliminary Injunction filed by Angel Guzman Cedillo, William Kemcha. (Attachments: # 1 Exhibit Ex 81 - Bakst Declaration, # 2 Exhibit Ex 82 - Cancel Decl)(Shebaya, Sirine) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
91

ORDER re 79 MOTION for Preliminary Injunction filed by Angel Guzman Cedillo, William Kemcha; directing Respondents to produce information for review by Tuesday, May 5, 2020. Signed by Judge Theodore D. Chuang on 5/4/2020. (ybs, Deputy Clerk) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
93

MEMORANDUM OPINION. Signed by Judge Theodore D. Chuang on 5/7/2020. (ybs, Deputy Clerk) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

RECAP
94

ORDER granting 79 RENEWED Motion for Preliminary Injunction. Signed by Judge Theodore D. Chuang on 5/7/2020. (ybs, Deputy Clerk) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
95

NOTICE by Angel Guzman Cedillo, Mauricio Coreas, William Kemcha Notice of intent to file motion to amend complaint and seek expedited discovery (Shebaya, Sirine) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
96

PAPERLESS NOTICE. A CASE MANAGEMENT CONFERENCE is scheduled for May 18, 2020 at 4:00 p.m. to discuss 95 Notice of Intent to file Motion for Leave to Amend Habeas Petition and Motion for Expedited Class Certification Discovery. To join the call at the scheduled time: (1) Dial 1-888-557-8511. (2) Enter access code 3008173, followed by the # key. You will then be placed on hold until Chambers dials into the call, at which point you will be prompted to enter a security code. (3) When prompted, enter security code 05180400 followed by the # key. The call will be recorded, so please do not use speakerphones as they compromise sound quality. (sb3s, Chambers) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
97

PAPERLESS ORDER. As agreed at the May 18, 2020 Case Management Conference, the parties will meet and confer tomorrow as to the issues discussed. Petitioners are granted leave to file their proposed motions. Absent a different schedule mutually agreed upon by the parties, the Motions are due May 22, 2020; the Oppositions are due May 29, 2020; and any Reply is due June 1, 2020. Signed by Judge Theodore D. Chuang on 5/18/2020. (sb3s, Chambers) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
98

Consent MOTION for Leave to File to File Amended Complaint by Angel Guzman Cedillo, Mauricio Coreas, William Kemcha (Attachments: # 1 Attachment A - Proposed Amended Petition, # 2 Attachment B - Redline to FAC, # 3 Text of Proposed Order)(Shebaya, Sirine) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
99

MOTION for Other Relief for Expedited Discovery by Angel Guzman Cedillo, Mauricio Coreas, William Kemcha (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Affidavit Fifth Qureshi Declaration, # 4 Exhibit Ex 83 - CDC high-risk categories, # 5 Exhibit Ex 84 - ICE April 4 guidance, # 6 Exhibit Ex 85 - Morrissey article, # 7 Exhibit Ex 86 - Santana article)(Shebaya, Sirine) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
100

NOTICE by Matthew T. Albence, Donna Bounds, Immigration and Customs Enforcement, Jack Kavanaugh, Janean Ohin (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vaccarella, Vincent) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: March 24, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

(1) "All persons who are or will in the future be in ICE detention at the Howard County Detention Center who are age 50 or older or who have medical conditions that place them at heightened risk of severe illness or death from COVID-19;" and (2) "All persons who are or will in the future be in ICE detention at the Worcester County Detention Center who are age 50 or older or who have medica

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

ACLU National Prison Project

National Immigration Project of the NLG

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

U.S. Immigration and Customs Enforcement, Federal

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Habeas relief

Source of Relief:

Litigation

None yet

Content of Injunction:

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Reasonable Accommodations

Crowding:

Crowding / caseload

Disability:

disability, unspecified

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Granted

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions