Case: Martinez v. Donahue

7:20-cv-00062 | U.S. District Court for the Middle District of Georgia

Filed Date: April 7, 2020

Closed Date: Aug. 17, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a habeas action brought by immigration detainees in Georgia with underlying medical conditions that made them particularly vulnerable to COVID-19. The detainees alleged that their continued detention was unconstitutional and requested release. The court denied a TRO on April 10, and denied a preliminary injunction on June 3. The plaintiffs voluntarily dismissed the action on August 17, 2020. On April 7, 2020 ICE detainees in Georgia detention centers filed this action …

COVID-19 Summary: This is a habeas action brought by immigration detainees in Georgia with underlying medical conditions that made them particularly vulnerable to COVID-19. The detainees alleged that their continued detention was unconstitutional and requested release. The court denied a TRO on April 10, and denied a preliminary injunction on June 3. The plaintiffs voluntarily dismissed the action on August 17, 2020.


On April 7, 2020 ICE detainees in Georgia detention centers filed this action in the U.S. District Court for the Middle District of Georgia. Represented by the Southern Poverty Law Center and Asian American Advancing Justice - Atlanta, the plaintiffs sued Immigration and Customs Enforcement (ICE), the Stewart Detention Center, the Irwin County Detention Center, and the Atlanta ICE Field Office. Suing under the federal habeas statute 28 U.S.C. § 2241 for violations of the Fifth Amendment, the detainees alleged that the current conditions in the detention centers were unconstitutional, as they facilitated the spread of COVID-19 and that ICE was not doing enough to prevent it, including: lack of social distancing, poor water quality, lack of disinfectant materials and soap, unsanitary communal areas. They sought the release of the detainees, in light of these unconstitutional conditions of confinement. The case was assigned to Judge Clay D. Land and Magistrate Judge Stephen Hyles.

On April 8, the plaintiffs filed a motion for temporary restraining order, requesting the release of the plaintiffs. The defendants filed a motion in opposition on April 9, stating that they had taken affirmative steps to combat the spread of COVID-19 in ICE facilities including increased screening and sanitization practices, encouraging social distancing, and a focus on medical care.

The court denied the motion for TRO on April 10, finding that the appropriate relief for unconstitutional conditions was not release but discontinuance of any improper practices causing violations of the Constitution. Because the plaintiffs only sought release, Judge Land held that the court had no jurisdiction to decide a habeas claim based upon allegedly unconstitutional conditions of confinement and that release was not an appropriate remedy for the constitutional violations. 2020 WL 1847158

The plaintiffs filed an amended petition for writ of habeas corpus on April 24 and a motion for preliminary injunction on April 30, seeking release or in the alternative, that the court require ICE to follow CDC guidance and take measures to protect detainees from COVID-19. The defendants filed an opposition on May 6. The plaintiffs filed another amended petition on May 18.

Judge Land denied the motion for preliminary injunction on June 3, finding that the plaintiffs had not proved that they were being subjected to unconstitutional conditions of confinement that could only be remedied through release, which meant the court did not have jurisdiction to enter habeas relief. Similarly, because the plaintiffs had not proved unconstitutional conditions, they were not entitled to any other injunctive or declaratory relief they sought, either. 2020 WL 2988307.

On July 6, the defendants filed a motion to dismiss the petition for habeas relief and to stay discovery. That same day, the plaintiffs filed a motion for reconsideration of the June 3 order, citing that the new spread of COVID-19 in the detention facility constituted newly discovered evidence that merited reconsideration. The defendants filed a response to the motion for reconsideration on July 21.

Judge Land denied the motion for reconsideration on July 23, stating that the evidence of the spread of COVID-19 in the center did not change the Court's previous findings and conclusion in a material way.

On August 17, the plaintiffs voluntarily dismissed the case and it appears closed now.

Summary Authors

Caitlin Kierum (10/26/2020)

Related Cases

Thompson v. Tsoukaris, Northern District of Georgia (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17051424/parties/martinez-v-donahue/


Judge(s)

Hyles, M. Stephen (Georgia)

Land, Clay D. (Georgia)

Attorneys(s) for Plaintiff

Brouillette, Amanda Nicole (Georgia)

Caldas, Tamara S. (Georgia)

Cassler, Rebecca (Georgia)

Chavez, Paul (Florida)

Crow, Melissa E. (District of Columbia)

Gilfillan, Doug (Georgia)

Isted, Kathryn E (Georgia)

Li, Hillary (Georgia)

Judge(s)

Hyles, M. Stephen (Georgia)

Land, Clay D. (Georgia)

Attorneys(s) for Plaintiff

Brouillette, Amanda Nicole (Georgia)

Caldas, Tamara S. (Georgia)

Cassler, Rebecca (Georgia)

Chavez, Paul (Florida)

Crow, Melissa E. (District of Columbia)

Gilfillan, Doug (Georgia)

Isted, Kathryn E (Georgia)

Li, Hillary (Georgia)

Mesa-Estrada, Victoria (Florida)

Nguyen, Phi U. (Georgia)

Sandley, Caitlin J. (Alabama)

Williams, Lorilei (Georgia)

Willis, Gracie Harper (Georgia)

Woodard, Tayah (Georgia)

Attorneys(s) for Defendant

Helmick, Amelia G. (Georgia)

Peeler, Charles E. (Georgia)

Shoemaker, E. Bowen Reichert (Georgia)

Simon, Lance (Georgia)

Snell, Bernard (Georgia)

Struck, Daniel Patrick (Arizona)

Documents in the Clearinghouse

Document

7:20-cv-00062

Docket [PACER]

Aug. 17, 2020

Aug. 17, 2020

Docket
1

7:20-cv-00062

Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Complaint for Declaratory and Injunctive Relief

April 7, 2020

April 7, 2020

Complaint
5-1

7:20-cv-00062

Memorandum of Law in Support of Motion for Temporary Restraining Order and Emergency Writ of Habeas Corpus

April 8, 2020

April 8, 2020

Pleading / Motion / Brief
9

7:20-cv-00062

Supplemental Memorandum of Law in Support of Motion for Temporary Restraining Order and Emergency Writ of Habeas Corpus

April 8, 2020

April 8, 2020

Pleading / Motion / Brief
12

7:20-cv-00062

Respondents' Opposition to Petitioners' Motion for a Temporary Restraining Order

April 9, 2020

April 9, 2020

Pleading / Motion / Brief
14

7:20-cv-00062

Order

A.S.M. v. Donahue

2020 WL 1847158

April 10, 2020

April 10, 2020

Order/Opinion
94

7:20-cv-00062

Order

June 3, 2020

June 3, 2020

Order/Opinion
109

7:20-cv-00062

Order

A.S.M. v. Warden, Stewart Detention Center

July 23, 2020

July 23, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17051424/martinez-v-donahue/

Last updated June 4, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link

Case Assigned/Reassigned

April 7, 2020

April 7, 2020

PACER
1

PETITION FOR WRIT OF HABEAS CORPUSagainst All Defendants Fee paid: Receipt # AGAMDC-3436448, $5 filed by All Plaintiffs (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Required Form Certificate of Interested Persons, # 3 Summons Chad Wolf Summons, # 4 Summons Charles E. Peeler (US Attorney - MDGA) Summons, # 5 Summons David Paulk Summons, # 6 Summons ICE Summons, # 7 Summons Matthew Albence Summons, # 8 Summons Michael Donahue Summons, # 9 Summons Thomas Giles Summons, # 10 Summons US Attorney General Summons, # 11 Required Form Motion for Temporary Restraining Order and Emergency Writ of Habeas Corpus, # 12 Memorandum in Support Memo ISO Motion for Temporary Restraining Order and Emergency Writ of Habeas Corpus, # 13 Affidavit Declaration of Hillary Li, # 14 Exhibit Ex. 1 Greifinger Declaration, # 15 Exhibit Ex. 2 Cummings Declaration, # 16 Exhibit Ex. 3 Zeidan Declaration, # 17 Exhibit Ex. 4 Sandweg Declaration, # 18 Exhibit Ex. 5 Murillo Declaration, # 19 Exhibit Ex. 6 Ruiz Declaration, # 20 Exhibit Ex. 7 Rivera Declaration, # 21 Exhibit Ex. 8 Thompson Declaration, # 22 Exhibit Ex. 9 A. Jammeh Declaration, # 23 Exhibit Ex. 10 Karen Lopez Declaration, # 24 Exhibit Ex. 11 Nilson Barahona Marriaga Declaration, # 25 Exhibit Ex. 12 Shelley Dingus Declaration, # 26 Exhibit Ex. 13 Aristoteles Sanchez Martinez Declaration, # 27 Exhibit Ex. 14 Michael Robinson Declaration, # 28 Exhibit Ex. 15 Peter Owusu Declaration, # 29 Exhibit Ex. 16 Martin Rosenbluth Declaration, # 30 Exhibit Ex. 17 Alison Ganem Declaration, # 31 Proposed Order Proposed Order, # 32 Required Form Motion for Leave to Proceed Under Pseudonyms and For a Protective Order, # 33 Memorandum in Support Memo ISO Motion for Leave to Proceed Under Pseudonyms and For a Protective Order, # 34 Proposed Order Proposed Order)(LI, HILLARY) (Entered: 04/07/2020)

1 Civil Cover Sheet Civil Cover Sheet

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2 Required Form Certificate of Interested Persons

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3 Summons Chad Wolf Summons

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4 Summons Charles E. Peeler (US Attorney - MDGA) Summons

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5 Summons David Paulk Summons

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6 Summons ICE Summons

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7 Summons Matthew Albence Summons

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8 Summons Michael Donahue Summons

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9 Summons Thomas Giles Summons

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10 Summons US Attorney General Summons

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11 Required Form Motion for Temporary Restraining Order and Emergency Writ of Habea

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12 Memorandum in Support Memo ISO Motion for Temporary Restraining Order and Emerge

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13 Affidavit Declaration of Hillary Li

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14 Exhibit Ex. 1 Greifinger Declaration

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15 Exhibit Ex. 2 Cummings Declaration

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16 Exhibit Ex. 3 Zeidan Declaration

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17 Exhibit Ex. 4 Sandweg Declaration

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18 Exhibit Ex. 5 Murillo Declaration

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19 Exhibit Ex. 6 Ruiz Declaration

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20 Exhibit Ex. 7 Rivera Declaration

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21 Exhibit Ex. 8 Thompson Declaration

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22 Exhibit Ex. 9 A. Jammeh Declaration

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23 Exhibit Ex. 10 Karen Lopez Declaration

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24 Exhibit Ex. 11 Nilson Barahona Marriaga Declaration

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25 Exhibit Ex. 12 Shelley Dingus Declaration

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26 Exhibit Ex. 13 Aristoteles Sanchez Martinez Declaration

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27 Exhibit Ex. 14 Michael Robinson Declaration

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28 Exhibit Ex. 15 Peter Owusu Declaration

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29 Exhibit Ex. 16 Martin Rosenbluth Declaration

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30 Exhibit Ex. 17 Alison Ganem Declaration

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31 Proposed Order Proposed Order

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32 Required Form Motion for Leave to Proceed Under Pseudonyms and For a Protective

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33 Memorandum in Support Memo ISO Motion for Leave to Proceed Under Pseudonyms and

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34 Proposed Order Proposed Order

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April 7, 2020

April 7, 2020

PACER

Case REASSIGNED to US DISTRICT JUDGE CLAY D LAND. US DISTRICT JUDGE W LOUIS SANDS no longer assigned to the case. (dwb)

April 7, 2020

April 7, 2020

PACER

Notice of Deficiency (related document(s): 1 Petition for Writ of Habeas Corpus ); All motions attached to the petition should be filed as separate documents not a part of the petition. PLEASE REFILE ALL MOTIONS AS MOTIONS.(rlw)

April 8, 2020

April 8, 2020

PACER

Notice of Deficiency

April 8, 2020

April 8, 2020

PACER

NOTICE OF SETTING Telephone Conference set for 4/8/2020 10:00 AM in Columbus before US DISTRICT JUDGE CLAY D LAND. Counsel will receive an email with the dial in information. Do not use speakerphone or Bluetooth. Please state you NAME each time you speak on the record.(glg)

April 8, 2020

April 8, 2020

PACER

Notice of Hearing

April 8, 2020

April 8, 2020

PACER

NOTICE TO COUNSEL LORILEI WILLIAMS, PAUL CHAVEZ, VICTORIA MESA-ESTRADA, MELISSA CROW, KATHRYN E ISTED, AMANDA BROUILLETTE - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. (rlw)

April 8, 2020

April 8, 2020

PACER

Notice to Attorney Re: Admissions Requirement

April 8, 2020

April 8, 2020

PACER

Notice of Hearing on Motion

April 8, 2020

April 8, 2020

PACER
2

ORDER REFERRING CASE to Magistrate Judge issued at the direction of the Court. (rlw) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
3

Consent Form (28 USC 636(c)(1)) sent to NILSON FERNANDO BARAHONA MARRIAGA, SHELLEY DINGUS, ANSUMANA JAMMEH, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, JOSEPH LLOYD THOMPSON (rlw) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
4

Summons Issued as to United States Attorney General. (Attachments: # 1 Summons issued for Matthew T. Albence, # 2 Summons issued for Michael Donahue, # 3 Summons issued for Thomas Giles, # 4 Summons issued for ICE, # 5 Summons issued for David Paulk, # 6 Summons issued for Charles E. Peeler, # 7 Summons issued for Chad Wolf)(rlw) (Entered: 04/08/2020)

1 Summons issued for Matthew T. Albence

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2 Summons issued for Michael Donahue

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3 Summons issued for Thomas Giles

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4 Summons issued for ICE

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5 Summons issued for David Paulk

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6 Summons issued for Charles E. Peeler

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7 Summons issued for Chad Wolf

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April 8, 2020

April 8, 2020

PACER
5

EMERGENCY MOTION for Temporary Restraining Order by NILSON FERNANDO BARAHONA MARRIAGA, SHELLEY DINGUS, ANSUMANA JAMMEH, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, JOSEPH LLOYD THOMPSON filed by HILLARY LI. (Attachments: # 1 Memorandum in Support Memo ISO Motion for Temporary Restraining Order and Emergency Writ of Habeas Corpus, # 2 Affidavit Declaration of Hillary Li, # 3 Exhibit EX. 1 Greifinger Declaration, # 4 Exhibit EX. 2 Cummings Declaration, # 5 Exhibit EX. 3 Zeidan Declaration, # 6 Exhibit EX. 4 Sandweg Declaration, # 7 Exhibit EX. 5 Murillo Declaration, # 8 Exhibit EX. 6 Ruiz Declaration, # 9 Exhibit EX. 7 Rivera Declaration, # 10 Exhibit EX. 8 Thompson Declaration, # 11 Exhibit EX. 9 Ansumannah Jammeh Declaration, # 12 Exhibit EX. 10 Karen Lopez Declaration, # 13 Exhibit EX. 11 Nilson Barahona Marriaga Declaration, # 14 Exhibit EX. 12 Shelley Dingus Declaration, # 15 Exhibit EX. 13 Aristoteles Sanchez Martinez Declaration, # 16 Exhibit EX. 14 Michael Robinson Declaration, # 17 Exhibit EX. 15 Peter Owusu Declaration, # 18 Exhibit EX. 16 Martin Rosenbluth Declaration, # 19 Exhibit EX. 17 Alison Ganem Declaration, # 20 Proposed Order Proposed Order for TRO). Motion(s) referred to STEPHEN HYLES.(LI, HILLARY) (Entered: 04/08/2020)

1 Memorandum in Support Memo ISO Motion for Temporary Restraining Order and Emerge

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2 Affidavit Declaration of Hillary Li

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3 Exhibit EX. 1 Greifinger Declaration

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4 Exhibit EX. 2 Cummings Declaration

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5 Exhibit EX. 3 Zeidan Declaration

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6 Exhibit EX. 4 Sandweg Declaration

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7 Exhibit EX. 5 Murillo Declaration

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8 Exhibit EX. 6 Ruiz Declaration

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9 Exhibit EX. 7 Rivera Declaration

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10 Exhibit EX. 8 Thompson Declaration

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11 Exhibit EX. 9 Ansumannah Jammeh Declaration

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12 Exhibit EX. 10 Karen Lopez Declaration

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13 Exhibit EX. 11 Nilson Barahona Marriaga Declaration

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14 Exhibit EX. 12 Shelley Dingus Declaration

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15 Exhibit EX. 13 Aristoteles Sanchez Martinez Declaration

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16 Exhibit EX. 14 Michael Robinson Declaration

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17 Exhibit EX. 15 Peter Owusu Declaration

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18 Exhibit EX. 16 Martin Rosenbluth Declaration

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19 Exhibit EX. 17 Alison Ganem Declaration

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20 Proposed Order Proposed Order for TRO

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April 8, 2020

April 8, 2020

PACER
6

MOTION for Leave to File to Proceed Under Pseudonyms and for a Protective Order by KAREN LOPEZ, PETER OWUSU, MICHAEL ROBINSON filed by HILLARY LI. (Attachments: # 1 Memorandum in Support Memo ISO Motion for Leave to Proceed Under Pseudonyms and For a Protective Order, # 2 Proposed Order Proposed Order). Motion(s) referred to STEPHEN HYLES.(LI, HILLARY) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
7

AFFIDAVIT re 5 MOTION for Temporary Restraining Order Correcting Declaration of Laura Rivera by NILSON FERNANDO BARAHONA MARRIAGA, SHELLEY DINGUS, ANSUMANA JAMMEH, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, JOSEPH LLOYD THOMPSON (LI, HILLARY) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
8

Minute Entry for proceedings held before US DISTRICT JUDGE CLAY D LAND: Telephone Conference held on 4/8/2020. Court Reporter: Betsy Peterson. (glg) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER

NOTICE OF SETTING (TELEPHONE CONFERENCE) HEARING ON MOTION re 5 MOTION for Temporary Restraining Order : Motion Hearing set for 4/10/2020 10:30 AM in Columbus before US DISTRICT JUDGE CLAY D LAND. Telephone conference Dial-in information 1-888-684-8852 Participant Access Code -- 8469390 Security Code You may bypass the Security code. The dial-in information is being included in this filing at the direction of the Court. It will NOT be emailed to Counsel.(glg)

April 8, 2020

April 8, 2020

PACER
9

MEMORANDUM in Support filed by NILSON FERNANDO BARAHONA MARRIAGA, SHELLEY DINGUS, ANSUMANA JAMMEH, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, JOSEPH LLOYD THOMPSON re: 5 MOTION for Temporary Restraining Order (Attachments: # 1 Attachment to Supplemental Memorandum)(LI, HILLARY) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
10

MOTION for Leave to File Excess Pages for for Brief in Opposition to Petitioners' Motion for Temporary Restraining Order by MATTHEW T ALBENCE, MICHAEL DONAHUE, THOMAS GILES, ICE IMMIGRATION AND CUSTOM ENFORCEMENT, DAVID PAULK, CHAD WOLF filed by AMELIA G HELMICK.. Motion(s) referred to STEPHEN HYLES.(HELMICK, AMELIA) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER

Order on Motion for Leave to File Excess Pages

April 9, 2020

April 9, 2020

PACER
11

This is a text only entry; no document issued. ORDER granting 10 Motion for Leave to File Excess Pages. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 4-9-20. (jdl) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
12

RESPONSE filed by MATTHEW T ALBENCE, MICHAEL DONAHUE, THOMAS GILES, ICE IMMIGRATION AND CUSTOM ENFORCEMENT, DAVID PAULK, UNITED STATES OF AMERICA (NOTICE), CHAD WOLF re 5 MOTION for Temporary Restraining Order (Attachments: # 1 Affidavit Bretz Declaration, # 2 Affidavit Musante Declaration, # 3 Affidavit Paulk Declaration, # 4 Affidavit Washburn Declaration and Exhibits)(HELMICK, AMELIA) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
13

NOTICE Filing Executed Washburn Declaration by MATTHEW T ALBENCE, MICHAEL DONAHUE, THOMAS GILES, ICE IMMIGRATION AND CUSTOM ENFORCEMENT, DAVID PAULK re 12 Response to Motion, (HELMICK, AMELIA) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
14

ORDER denying 5 Motion for TRO. Ordered by US DISTRICT JUDGE CLAY D LAND on 4/10/2020. (sbd) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
16

Minute Entry for proceedings held before US DISTRICT JUDGE CLAY D LAND: Telephone Conference held on 4/10/2020 Court Reporter: Betsy Peterson. (glg) (Entered: 04/14/2020)

April 10, 2020

April 10, 2020

PACER
15

This is a text only entry; no document issued. ORDER granting 6 Motion for Leave to Proceed under Pseudonyms. Doe Petitioners may proceed in this action under pseudonyms and the Respondents/Defendants are required to maintain the confidentiality of the Doe Petitioners identities by using only pseudonyms in all of their filings, including in all exhibits in which the Doe Petitioners names appear. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 4-13-20 (jdl) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER

Order on Motion for Leave to File

April 13, 2020

April 13, 2020

PACER

Notice to Attorney Re: Admissions Requirement

April 23, 2020

April 23, 2020

PACER

SECOND NOTICE TO COUNSEL LORILEI WILLIAMS, PAUL CHAVEZ, VICTORIA MESA-ESTRADA, MELISSA CROW, KATHRYN E ISTED, AMANDA BROUILLETTE - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. (rlw)

April 23, 2020

April 23, 2020

PACER
17

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by NILSON FERNANDO BARAHONA MARRIAGA, SHELLEY DINGUS, ANSUMANA JAMMEH, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, JOSEPH LLOYD THOMPSON Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3449377, $100. LOCAL COUNSEL Name and Georgia Bar #: Hillary Li GA Bar #898375. (Attachments: # 1 Certificate of Good Standing Certificate of Good Standing from USDC SDFL)(MESA-ESTRADA, VICTORIA) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
18

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by VICTORIA MESA-ESTRADA (nop) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
19

TRANSCRIPT of Proceedings held on 4/10/2020, before Judge Clay D. Land. Court Reporter/Transcriber Betsy Peterson. Volume Number: I of I. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Peterson, Betsy) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
20

AMENDED 1 Petition for Writ of Habeas Corpus,,,,,,, against MATTHEW T ALBENCE, MICHAEL DONAHUE, THOMAS GILES, ICE IMMIGRATION AND CUSTOM ENFORCEMENT, DAVID PAULK, CHAD WOLF, RUSSELL WASHBURN by NILSON FERNANDO BARAHONA MARRIAGA, MICHAEL ROBINSON, ARISTOTELES SANCHEZ MARTINEZ, KAREN LOPEZ, PETER OWUSU, SHELLEY DINGUS, JOSEPH LLOYD THOMPSON, ANSUMANA JAMMEH, KIMBERLY SALAZAR, SONIA CABRERA BENITEZ, RUSSELL WASHBURN, HUGH TINARWO, SHEHZA KHAN (Attachments: # 1 Summons Summons - Washburn)(BROUILLETTE, AMANDA) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
21

Summons Issued as to RUSSELL WASHBURN. (rlw) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
22

ORDER setting deadline for filing of answer/response to 20 Amended Petition/Complaint. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 4-27-20. (jdl) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
23

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3452021, $100. LOCAL COUNSEL Name and Georgia Bar #: Gracie Willis GA Bar# 851021. (Attachments: # 1 Certificate of Good Standing Certificate of Good Standing)(WILLIAMS, LORILEI) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER

Order on Motion for Leave to File Excess Pages

April 28, 2020

April 28, 2020

PACER
24

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by LORILEI WILLIAMS (nop) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
25

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by VICTORIA MESA-ESTRADA (nop) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
26

UNOPPOSED MOTION for Leave to File Excess Pages for to Exceed Page Limitation for Memo ISO Motion for Preliminary Injunction by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO filed by AMANDA N BROUILLETTE.. Motion(s) referred to STEPHEN HYLES.(BROUILLETTE, AMANDA) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
27

This is a text only entry; no document issued. ORDER granting 26 Motion for Leave to File Excess Pages. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 4-28-20. (jdl) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
28

MOTION for Preliminary Injunction by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO filed by AMANDA N BROUILLETTE. (Attachments: # 1 Memorandum in Support Memorandum of Law ISO Motion for Preliminary Injunction and Emergency Writ of Habeas Corpus, # 2 Affidavit Declaration of Amanda Brouillette, Esq., # 3 Exhibit Ex 1 Hugh Tinarwo Declaration, # 4 Exhibit Ex 2 Shehza Khan Declaration, # 5 Exhibit Ex 3 Kimberly Salazar Declaration, # 6 Exhibit Ex 4 Sonia Cabrera Benitez Declaration, # 7 Exhibit Ex 5 Peter Owusu Supplemental Dec, # 8 Exhibit Ex 6 Joseph Thompson Supplemental Dec, # 9 Exhibit Ex 7 Nilson Barahona Marriaga Supplemental Dec, # 10 Exhibit Ex 8 Shelley Dingus Supplemental Dec, # 11 Exhibit Ex 9 Karen Lopez Supplemental Dec, # 12 Exhibit Ex 10 Erin Argueta Declaration, # 13 Exhibit Ex 11 Homer Venters Declaration, # 14 Exhibit Ex 12 Modeling for COVID-19, # 15 Exhibit Ex 13 Ansumannah Jammeh Supplemental Dec). Motion(s) referred to STEPHEN HYLES.(BROUILLETTE, AMANDA) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER

Order on Motion for Miscellaneous Relief

April 30, 2020

April 30, 2020

PACER

Order

April 30, 2020

April 30, 2020

PACER
29

UNOPPOSED MOTION For Leave to Proceed Under Pseudonym and For a Protective Order by KIMBERLY SALAZAR filed by AMANDA N BROUILLETTE.. Motion(s) referred to STEPHEN HYLES.(BROUILLETTE, AMANDA) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
30

This is a text only entry; no document issued. ORDER granting 29 Motion for Leave to Proceed Under Pseudonym. Doe Petitioners may proceed in this action under pseudonyms and the Respondents/Defendants are required to maintain the confidentiality of the Doe Petitioners identities by using only pseudonyms in all of their filings, including in all exhibits in which the Doe Petitioners names appear. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 4-30-20. (jdl) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
31

This is a text only entry; no document issued.ORDER The Court directs Respondents to respond to Petitioners' most recent Motion for Preliminary Injunction and Emergency Writ of Habeas Corpus (ECF No. 28) by May 21, 2020. Ordered by US DISTRICT JUDGE CLAY D LAND on 4/30/2020. (hmb) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER

NOTICE OF SETTING TELEPHONE CONFERENCE/STATUS CONFERENCE set for 5/4/2020 10:00 AM in Columbus before US DISTRICT JUDGE CLAY D LAND. Counsel will be emailed the dial-in information. Interested parties may email Columbus.ecf@gamd.uscourts.gov for dial-in information. (glg) Modified on 5/1/2020 (glg).

May 1, 2020

May 1, 2020

PACER

Notice of Hearing on Motion

May 1, 2020

May 1, 2020

PACER
32

MOTION for Emergency Inspection and Expedited Preliminary Injunction Hearing re 28 MOTION for Preliminary Injunction by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO filed by AMANDA N BROUILLETTE. (Attachments: # 1 Memorandum in Support Memorandum ISO Petitioner/Plaintiff's Motion for Emergency Inspection and Expedited Preliminary Injunction Hearing, # 2 Affidavit Declaration of Gracie Willis, # 3 Exhibit Ex. 1 Petitioners' Notice of Entry on Land with copy of Dr. Homer Venters' CV, # 4 Exhibit Ex. 2 Dkt 43 Chunn v. Edge (20-cv-01590 EDNY), # 5 Exhibit Ex. 3 Dkt 45 Chunn v. Edge (20-cv-01590 EDNY), # 6 Exhibit Ex. 4 Dkt 53 Malam v. Adducci (20-cv-10829 EDMI), # 7 Exhibit Ex. 5 Dkt 34 Banks v. Booth (20-cv-00849 DDC), # 8 Exhibit Ex. 6 Dkt 53 Zepeda-Rivas v. Jennings (20-cv-02731 NDCA), # 9 Exhibit Ex. 7 Supplemental Declaration of Homer Venters, M.D., # 10 Affidavit Declaration of Lorilei Williams, # 11 Proposed Order Proposed Order). Motion(s) referred to STEPHEN HYLES.(BROUILLETTE, AMANDA) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
33

STATUS REPORT by MATTHEW T ALBENCE, MICHAEL DONAHUE, THOMAS GILES, ICE IMMIGRATION AND CUSTOM ENFORCEMENT, DAVID PAULK, RUSSELL WASHBURN (Attachments: # 1 Affidavit Second Washburn Declaration)(HELMICK, AMELIA) (Entered: 05/03/2020)

May 3, 2020

May 3, 2020

PACER

Notice of Hearing

May 4, 2020

May 4, 2020

PACER
34

EXHIBIT(S) Declarations of Russell Washburn, David Paulk, and Patrick Musante by MATTHEW T ALBENCE, MICHAEL DONAHUE, THOMAS GILES, ICE IMMIGRATION AND CUSTOM ENFORCEMENT, DAVID PAULK, RUSSELL WASHBURN, CHAD WOLF re 33 Status Report (Attachments: # 1 Declaration of David Paulk, Warden, Irwin County Detention Center, # 2 Declaration of Patrick Musante, Assistant Field Office Director)(HELMICK, AMELIA) (Entered: 05/04/2020)

1 Declaration of David Paulk, Warden, Irwin County Detention Center

View on PACER

2 Declaration of Patrick Musante, Assistant Field Office Director

View on PACER

May 4, 2020

May 4, 2020

PACER
35

EXHIBIT(S) A - Fraihat Pl Order & Exhibit B - Fraihat Order re Class Certification by MATTHEW T ALBENCE, MICHAEL DONAHUE, THOMAS GILES, ICE IMMIGRATION AND CUSTOM ENFORCEMENT, DAVID PAULK, RUSSELL WASHBURN, CHAD WOLF re 33 Status Report (Attachments: # 1 Exhibit B - Order granting class certification)(HELMICK, AMELIA) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER

NOTICE OF SETTING Status Conference/Telephone Conference set for 5/7/2020 10:00 AM in Columbus before US DISTRICT JUDGE CLAY D LAND. Dial-in information 1-888-684-8852/ Participant Access Code -- 8469390 Security Code -- 050720 Interested parties are reminded to MUTE you phone during the call.(glg) Modified on 5/4/2020--to add call in information (glg).

May 4, 2020

May 4, 2020

PACER
36

Minute Entry (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE CLAY D LAND: Status Conference held on 5/4/2020 Court Reporter: Betsy Peterson. (glg) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
37

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3457689, $100. LOCAL COUNSEL Name and Georgia Bar #: Gracie Willis GA Bar #851021. (Attachments: # 1 Certificate of Good Standing Certificate of Good Standing)(CHAVEZ, PAUL) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
38

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by PAUL CHAVEZ (nop) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
39

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by RUSSELL WASHBURN Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3458620, $100. (STRUCK, DANIEL) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER

Attorney Admission Fee Met

May 6, 2020

May 6, 2020

PACER
40

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by DANIEL P STRUCK (nop) (Additional attachment(s) added on 5/14/2020: # 1 Certificate of Good Standing) (nop). (Entered: 05/06/2020)

1 Certificate of Good Standing

View on PACER

May 6, 2020

May 6, 2020

PACER
41

RESPONSE filed by MATTHEW T ALBENCE, MICHAEL DONAHUE, THOMAS GILES, ICE IMMIGRATION AND CUSTOM ENFORCEMENT, DAVID PAULK, RUSSELL WASHBURN, CHAD WOLF re 32 MOTION for Emergency Inspection and Expedited Preliminary Injunction Hearing re 28 MOTION for Preliminary Injunction (SHOEMAKER, BOWEN) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
42

NOTICE of Filing by MATTHEW T ALBENCE, MICHAEL DONAHUE, THOMAS GILES, ICE IMMIGRATION AND CUSTOM ENFORCEMENT, DAVID PAULK, RUSSELL WASHBURN, CHAD WOLF re 32 MOTION for Emergency Inspection and Expedited Preliminary Injunction Hearing re 28 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit ICDC Objections and Response to 32 Motion for Emergency Inspection)(HELMICK, AMELIA) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
43

NOTICE Respondent Warden Washburn's Separate Objection to Petitioners' Notice of Entry Upon Land by RUSSELL WASHBURN re 32 MOTION for Emergency Inspection and Expedited Preliminary Injunction Hearing re 28 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A - Third Declaration of Warden Washburn)(STRUCK, DANIEL) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
44

NOTICE filing of Petitioners-Plaintiffs' Supplemental Briefing In Support of Motions for Preliminary Injunction and Emergency Inspection by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO re 32 MOTION for Emergency Inspection and Expedited Preliminary Injunction Hearing re 28 MOTION for Preliminary Injunction (Attachments: # 1 Affidavit Declaration of Rebecca Cassler, # 2 Exhibit Ex. 1 Email of May 5, 2020, # 3 Exhibit Ex. 2 Alcantara v. Archambeault (Dkt. 41; 20-cv-00756))(BROUILLETTE, AMANDA) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
45

Georgia Attorney Admission Fee Met by KATHRYN ISTED (nop) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER

Georgia Attorney Admission Fee Met by AMANDA N BROUILLETTE (nop)

May 6, 2020

May 6, 2020

PACER
46

NOTICE filing of Supplemental Brief In Support of Petitioners' Motion for Emergency Inspection by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO re 32 MOTION for Emergency Inspection and Expedited Preliminary Injunction Hearing re 28 MOTION for Preliminary Injunction (Attachments: # 1 Affidavit Declaration of Gracie Willis, Esq., # 2 Exhibit Ex. 1 Swain v. Miami-Dade County (Dkt. 52; 20-cv-21457 SDFL), # 3 Exhibit Ex. 2 Seth v. McDonough (Dkt. 53; 20-cv-01028 DCMD), # 4 Exhibit Ex. 3 Cameron v. Bouchard (Dkt. 2720-cv-10949 SDMI), # 5 Exhibit Ex. 4 Chunn v. Edge (Dkt. 53; 20-cv-01590 EDNY), # 6 Exhibit Ex. 5 Chunn v. Edge (Dkt. 72-1; 20-01590 EDNY), # 7 Affidavit Declaration of Lorilei Williams, Esq.)(BROUILLETTE, AMANDA) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
47

NOTICE Supplemental Authority by RUSSELL WASHBURN re 43 Notice (Other), (Attachments: # 1 Exhibit 1 - Order Granting in Part and Denying in Part Warden LaRose's Emergency Ex Party Motion for Reconsideration in Alcantara v. Archambeault)(STRUCK, DANIEL) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER

Notice of Hearing

May 7, 2020

May 7, 2020

PACER
48

Minute Entry (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE CLAY D LAND: Status Conference held on 5/7/2020. Court Reporter: Betsy Peterson. (glg) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER

NOTICE OF SETTING Telephone Conference set for 5/28/2020 10:00 AM in Columbus before US DISTRICT JUDGE CLAY D LAND. COUNSEL MUST STATE YOUR NAME EACH TIME YOU SPEAK. Public dial-in information-- 1-888-684-8852 /// Access Code 2405111 This number will allow the PUBLIC to listen (only) to the conference. COUNSEL will use the dial-in information supplied to them in an email from the Courtroom Deputy.(glg)

May 7, 2020

May 7, 2020

PACER
49

NOTICE of Supplemental Authority in Support of Motions for Emergency Inspection by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO re 32 MOTION for Emergency Inspection and Expedited Preliminary Injunction Hearing re 28 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Ex. 1 Order entered by Honorable Judge Weigle on Oct. 20, 2017 in Gumm v. Sellers (15-cv-00041) 2017 WL 5885315 (MDGA), # 2 Exhibit Ex. 2 Transcript of Discovery Hearing held Oct. 19, 2017, Gumm v. Sellers (15-cv-0041, MDGA) Dkt. 153, # 3 Exhibit Ex. 3 Expert Report, Dkt 159, Gumm v. Sellers (15-cv-0041, MDGA))(BROUILLETTE, AMANDA) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
50

ORDER granting in part and denying in part 32 Motion for Emergency Inspection and Expedited Discovery. Petitioners shall be permitted to depose via telephone or videoconference up to seven detainees in each detention facility on or before May 18, 2020; prior to May 18, 2020, Respondents shall arrange for a virtual tour of the facilities that will include Petitioners' and Respondents' counsel and experts. A hearing shall be held on motion for preliminary injunctive relief at 10:00 A.M. on May 28, 2020. Petitioners' brief in support of its motion for preliminary injunctive relief shall be filed by 5:00 P.M. on May 21, 2020 and Respondents' response shall be filed by 12:00 Noon on May 27, 2020. Ordered by US DISTRICT JUDGE CLAY D LAND on 5/7/2020. (rlw) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

RECAP
51

MOTION for Leave to File a Second Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO filed by AMANDA N BROUILLETTE. (Attachments: # 1 Exhibit 1 - Second Amended Petition CLEAN, # 2 Exhibit 2 - Second Amended Petition REDLINE). Motion(s) referred to STEPHEN HYLES.(BROUILLETTE, AMANDA) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
52

NOTICE of Attorney Appearance by CAITLIN JOY SANDLEY on behalf of All Plaintiffs (SANDLEY, CAITLIN) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
53

NOTICE of Attorney Appearance by LANCE SIMON on behalf of All Defendants (SIMON, LANCE) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
54

RESPONSE filed by MATTHEW T ALBENCE, MICHAEL DONAHUE, THOMAS GILES, ICE IMMIGRATION AND CUSTOM ENFORCEMENT, DAVID PAULK, RUSSELL WASHBURN, CHAD WOLF re 51 MOTION for Leave to File a Second Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief (HELMICK, AMELIA) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
55

NOTICE Joinder in Respondents' Opposition to Petitioners' Motion for Leave to File a Second Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief by RUSSELL WASHBURN re 51 MOTION for Leave to File a Second Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief, 54 Response to Motion, (STRUCK, DANIEL) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
56

This is a text only entry; no document issued. ORDER granting 51 Motion for Leave to File Second Amended Complaint. Notwithstanding serious doubts about the legal viability of Plaintiffs' proposed amendments to their complaint, the Court nevertheless does not find them futile at this time. Upon further more careful reflection, the Court may reconsider and find the new claims subject to dismissal. But in light of the imminent hearing on Petitioners' motion for emergency preliminary injunctive relief, the Court permits Petitioners to assert these additional claims in support of the relief they seek. Accordingly, Petitioners shall file their Second Amended Complaint by 5:00 P.M. on May 19, 2020. Ordered by US DISTRICT JUDGE CLAY D LAND on May 18, 2020 (CDL) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER

Order on Motion for Leave to File

May 18, 2020

May 18, 2020

PACER
57

AMENDED 1 Petition for Writ of Habeas Corpus,,,,,,, against MATTHEW T ALBENCE, MICHAEL DONAHUE, THOMAS GILES, ICE IMMIGRATION AND CUSTOM ENFORCEMENT, DAVID PAULK, RUSSELL WASHBURN, CHAD WOLF by HUGH TINARWO, NILSON FERNANDO BARAHONA MARRIAGA, MICHAEL ROBINSON, KIMBERLY SALAZAR, ARISTOTELES SANCHEZ MARTINEZ, SHEHZA KHAN, SONIA CABRERA BENITEZ, KAREN LOPEZ, PETER OWUSU, SHELLEY DINGUS, JOSEPH LLOYD THOMPSON, ANSUMANA JAMMEH (BROUILLETTE, AMANDA) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
58

JOINT MOTION for Protective Order by MATTHEW T ALBENCE, MICHAEL DONAHUE, THOMAS GILES, ICE IMMIGRATION AND CUSTOM ENFORCEMENT, DAVID PAULK, RUSSELL WASHBURN, CHAD WOLF filed by BOWEN REICHERT SHOEMAKER. (Attachments: # 1 Exhibit A - Proposed Protective Order). Motion(s) referred to STEPHEN HYLES.(SHOEMAKER, BOWEN) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
59

ORDER granting 58 Motion for Protective Order. Ordered by US DISTRICT JUDGE CLAY D LAND on 5/19/2020. (rlw) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

RECAP
60

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3468340, $100. LOCAL COUNSEL Name and Georgia Bar #: Tayah Woodard GA Bar #312548. (Attachments: # 1 Certificate of Good Standing Certificate of Good Standing)(CROW, MELISSA) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
61

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by MELISSA CROW (nop) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
62

UNOPPOSED MOTION for Leave to File Excess Pages for Brief in Support of Preliminary Injunction Motion by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO filed by AMANDA N BROUILLETTE.. Motion(s) referred to STEPHEN HYLES.(BROUILLETTE, AMANDA) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER

Order on Motion for Leave to File

May 20, 2020

May 20, 2020

PACER

Order on Motion for Leave to File Excess Pages

May 20, 2020

May 20, 2020

PACER
63

MOTION for Leave to File Under Seal by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO filed by AMANDA N BROUILLETTE.. Motion(s) referred to STEPHEN HYLES.(BROUILLETTE, AMANDA) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
64

This is a text only entry; no document issued. ORDER granting 62 Motion for Leave to File Excess Pages; granting 63 Motion for Leave to File Under Seal. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 5-20-20. (jdl) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER

Order on Motion for Leave to File AND Order on Motion for Leave to File Excess Pages

May 20, 2020

May 20, 2020

PACER

Order on Motion for Leave to File Excess Pages AND Order on Motion for Leave to File

May 20, 2020

May 20, 2020

PACER
65

AFFIDAVIT Declaration of Kathryn Isted, Esq. by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO (Attachments: # 1 Exhibit 1 - Supplemental Declaration of Petitioner Hugh Tinarwo, # 2 Exhibit 2 - Second Supplemental Declaration of Joseph Thompson, # 3 Exhibit 3 - Second Supplemental Declaration of Karen Lopez, # 4 Exhibit 4 - Second Supplemental Declaration of Shelley Dingus, # 5 Exhibit 5 - Supplemental Declaration of Kimberly Salazar., # 6 Exhibit 6 - Supplemental Declaration of Sonia Cabrera Benitez, # 7 Exhibit 19 - Centers for Disease Control and Prevention Interim Guidance on Management of COVID-19 in Correctional and Detention Facilities, # 8 Exhibit 24 - CE Enforcement and Removal Operations, # 9 Exhibit 25 - ICE ERO Memorandum on Coronavirus Disease 2019 Action Plan, # 10 Exhibit 26 - CDC Guidance on Testing for COVID-19., # 11 Exhibit 43 - ICE/DRO Detention Standard for Medical Care, dated December 2, 2008, # 12 Exhibit 44 - ICE Performance- Based National Detention Standards 2011, # 13 Exhibit 57 - photographs taken by Stewart Detention Center staff, # 14 Exhibit 58 - Supplemental Declaration of Laura Rivera)(BROUILLETTE, AMANDA) (Entered: 05/21/2020)

1 Exhibit 1 - Supplemental Declaration of Petitioner Hugh Tinarwo

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2 Exhibit 2 - Second Supplemental Declaration of Joseph Thompson

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3 Exhibit 3 - Second Supplemental Declaration of Karen Lopez

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4 Exhibit 4 - Second Supplemental Declaration of Shelley Dingus

View on PACER

5 Exhibit 5 - Supplemental Declaration of Kimberly Salazar.

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6 Exhibit 6 - Supplemental Declaration of Sonia Cabrera Benitez

View on PACER

7 Exhibit 19 - Centers for Disease Control and Prevention Interim Guidance on Mana

View on PACER

8 Exhibit 24 - CE Enforcement and Removal Operations

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9 Exhibit 25 - ICE ERO Memorandum on Coronavirus Disease 2019 Action Plan

View on PACER

10 Exhibit 26 - CDC Guidance on Testing for COVID-19.

View on PACER

11 Exhibit 43 - ICE/DRO Detention Standard for Medical Care, dated December 2, 2008

View on PACER

12 Exhibit 44 - ICE Performance- Based National Detention Standards 2011

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13 Exhibit 57 - photographs taken by Stewart Detention Center staff

View on PACER

14 Exhibit 58 - Supplemental Declaration of Laura Rivera

View on PACER

May 21, 2020

May 21, 2020

PACER
66

MOTION for Leave to File Brief in Support of Motion for a Preliminary Injunction Under Seal by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO filed by AMANDA N BROUILLETTE.. Motion(s) referred to STEPHEN HYLES.(BROUILLETTE, AMANDA) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
67

Certificate of Need to File Discovery by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO. Related document: 28 MOTION for Preliminary Injunction filed by SHEHZA KHAN, KIMBERLY SALAZAR, ANSUMANA JAMMEH, PETER OWUSU, MICHAEL ROBINSON, ARISTOTELES SANCHEZ MARTINEZ, KAREN LOPEZ, SHELLEY DINGUS, NILSON FERNANDO BARAHONA MARRIAGA, JOSEPH LLOYD THOMPSON, SONIA CABRERA BENITEZ, HUGH TINARWO.(BROUILLETTE, AMANDA) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
68

SEALED DOCUMENT - EXHIBITS - Exh. 7 (Attachments: # 1 Exh. 8, # 2 Exh. 9, # 3 Exh. 10, # 4 Exh. 11, # 5 Exh. 12, # 6 Exh. 13, # 7 Exh. 14, # 8 Exh. 15, # 9 Exh. 16, # 10 Exh. 17, # 11 Exh. 18, # 12 Exh. 20, # 13 Exh. 21, # 14 Exh. 22, # 15 Exh. 23, # 16 Exh. 27, # 17 Exh. 28, # 18 Exh. 29, # 19 Exh. 30, # 20 Exh. 31 - Part 1, # 21 Exh. 31 - Part 2, # 22 Exh. 32, # 23 Exh. 33, # 24 Exh. 34, # 25 Exh. 35, # 26 Exh. 36, # 27 Exh. 37, # 28 Exh. 38, # 29 Exh. 39, # 30 Exh. 40, # 31 Exh. 41, # 32 Exh. 42, # 33 Exh. 45, # 34 Exh. 46, # 35 Exh. 47, # 36 Exh. 48, # 37 Exh. 49, # 38 Exh. 50, # 39 Exh. 51, # 40 Exh. 52, # 41 Exh. 53, # 42 Exh. 54, # 43 Exh. 55, # 44 Exh. 56)(sbd) Modified on 5/22/2020 to connect to 65 (deb). (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
69

ORDER granting 66 Motion for Leave to File Brief Under Seal. Petitioners' brief in support of their motion for preliminary injunction shall be filed so that access is restricted to the parties, their counsel, and court personnel. By the date of the hearing on the motion, Petitioners shall file on the public docket a redacted copy of their brief, which redacts portions that may be deemed confidential pursuant to the previously entered confidentiality/protective order. Ordered by US DISTRICT JUDGE CLAY D LAND on May 22, 2020 (CDL) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
70

Supplemental MEMORANDUM in Support filed by NILSON FERNANDO BARAHONA MARRIAGA, SONIA CABRERA BENITEZ, SHELLEY DINGUS, ANSUMANA JAMMEH, SHEHZA KHAN, KAREN LOPEZ, ARISTOTELES SANCHEZ MARTINEZ, PETER OWUSU, MICHAEL ROBINSON, KIMBERLY SALAZAR, JOSEPH LLOYD THOMPSON, HUGH TINARWO re: 28 MOTION for Preliminary Injunction, ***RESTRICTED to Case Attorneys of Record and Court Users***. (sbd) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 7, 2020

Closing Date: Aug. 17, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Detainees in ICE detention facilities in Georgia

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Immigration and Customs Enforcement, Federal

Stewart Detention Center, Federal

Irwin County Detention Center, Federal

Atlanta ICE Field Office, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Conditions of confinement

Housing

Totality of conditions

Crowding:

Crowding / caseload

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Immigration/Border:

Detention - conditions