Case: Ramirez v. U.S. Immigration and Customs Enforcement

1:18-cv-00508 | U.S. District Court for the District of Columbia

Filed Date: March 5, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about Immigration and Customs Enforcement's (ICE) policies for detaining immigrants after they turned 18 who had entered the U.S. as unaccompanied minors. On March 5, 2018 two individual plaintiffs filed this lawsuit in the United States District Court for the District of Columbia, where it was assigned to District Judge Rudolph Contreras. They brought suit on behalf of a class of unaccompanied alien children who had been placed in the custody of the Department of Health and Huma…

This is a case about Immigration and Customs Enforcement's (ICE) policies for detaining immigrants after they turned 18 who had entered the U.S. as unaccompanied minors. On March 5, 2018 two individual plaintiffs filed this lawsuit in the United States District Court for the District of Columbia, where it was assigned to District Judge Rudolph Contreras. They brought suit on behalf of a class of unaccompanied alien children who had been placed in the custody of the Department of Health and Human Services' Office of Refuge Resettlement (ORR) when they arrived in the U.S. However, on their 18th birthdays, members of the plaintiff's class were transferred to ICE custody, where many of them were placed in adult detention, allegedly without consideration of alternative, less restrictive options, as required by law. The plaintiffs sued ICE, its parent agency the Department of Homeland Security, and both organizations' leaders. Represented by counsel from the National Immigrant Justice Center and private counsel, the plaintiffs sought class certification for a group of similarly situated immigrants, declarations that ICE had violated the law, injunctive orders that ICE comply in the future, and attorneys' fees.

The plaintiffs alleged that the defendants violated two sections of the Administrative Procedure Act (APA)(5 U.S.C. §§ 706(2), 701(1)) and the Trafficking Victims Protection Reauthorization Act (TVPRA). That act requires that ICE "shall consider placement in the least restrictive setting available after taking into account the alien’s danger to self, danger to the community, and risk of flight" when it receives custody of an immigrant who arrived in the U.S. as an unaccompanied minor and was placed in the custody of ORR. 8 U.S.C. § 1232(c)(2)(B). The plaintiffs alleged that ICE was systematically failing to comply with its obligations under this statute by automatically, or nearly automatically, placing these individuals in adult detention. According to the plaintiffs, ICE's failure to comply with this requirement was arbitrary and capricious, in violation of §706(2)(A) of the APA. As such, the plaintiffs requested that the court "compel agency action."

The plaintiffs also added a third named plaintiff in an amended complaint on March 30, 2018, though the allegations in that complaint were identical to the first. A year later on April 5, 2019, however, the parties stipulated to this plaintiff's voluntary dismissal from the case.

After the case was filed, the plaintiffs immediately moved for a temporary restraining order and a preliminary injunction, applying only to the two named plaintiffs. Judge Contreras denied the temporary restraining order during a hearing on March 8, 2018. However, on April 18, 2018, he issued an opinion granting a preliminary injunction ordering ICE to comply with 8 U.S.C. § 1232(c)(2)(B) in the named plaintiff's placement, effectively considering the least restrictive alternative to detention. 310 F.Supp.3d 7. As a result, ICE released the plaintiffs from custody.

On March 6, 2018, the plaintiffs filed their motion for class certification, defined as: "All former unaccompanied alien children who are detained or will be detained by ICE after being transferred by ORR because they have turned 18 years of age and as to whom ICE did not consider placement in the least restrictive setting available, including alternative to detention programs, as required by 8 U.S.C.§ 1232(c)(2)(B)." Meanwhile, defendants moved to dismiss the complaint for lack of jurisdiction on May 7, 2018. Judge Contreras resolved both of those motions in an August 30, 2018 order. 338 F.Supp.3d 1. At the request of the plaintiffs, he certified the class. Judge Contreras also denied the defendants motion to dismiss.

After Judge Contreras' August 2018 opinion, the parties wrangled over discovery for close to a year and a half. While this was going on, the defendants filed a motion to decertify the plaintiffs' class on April 1, 2019, but eventually asked the court to hold their motion in abeyance on July 8, 2019 due to issues with ICE data that formed the motion's basis. The defendants also filed a partial motion for summary judgment on September 13, 2018. Judge Contreras denied that motion on November 7, 2019, finding that the case contained disputes of fact that would have to be litigated a trial. 2019 WL 7370368.

The case proceeded to trial. Between December 2, 2019 and January 15, 2020 Judge Contreras conducted an 18-day bench trial. On July 2, 2020, he issued findings of fact and conclusions of law in favor of the plaintiffs. 471 F.Supp.3d 88. Judge Contreras found that ICE did not comply with its statutory obligations to place immigrants who arrived in the U.S. as unaccompanied minors in the least restrictive setting available. Due to poor training and non-existent guidance from ICE headquarters, many ICE field offices detained these individuals on a nearly automatic basis (above 95% in certain field offices), and in some cases refused to release immigrants to their parents or organizations who volunteered to take care of them. Judge Contreras deferred the issue of remedy for further consideration.

After a July 21, 2020 conference, the parties began working together to select a monitor for the case and also draft training materials to help ICE employees comply with the findings. On December 16, 2020, Judge Contreras referred the case to Magistrate Judge Michael Harvey for mediation.

On September 21, 2021 the court issued a five-year permanent injunction, which requires ICE to re-train its officers, fill out new paperwork, re-vamp its training and policies with regards to age-outs, and provide monthly reports and documentation to class counsel on its rates of detention for age-outs.

The government appealed Judge Contreras' order on January 7, 2022. This case is ongoing.

Summary Authors

Jonah Hudson-Erdman (2/5/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6325761/parties/garcia-ramirez-v-us-immigration-and-custom-enforcement/


Judge(s)

Contreras, Rudolph (District of Columbia)

Attorneys(s) for Plaintiff

Borroto, Gianna (Illinois)

Brinkman, Paul F (District of Columbia)

DeBacker, Devin Allan (District of Columbia)

Echols, Barack (Illinois)

Fombonne, Jonathan (Texas)

Forrestal, Rebecca Wall (District of Columbia)

Haney, Patrick T (District of Columbia)

Jacobowski, Amanda (Illinois)

Lewis, Britney Ann (District of Columbia)

Judge(s)

Contreras, Rudolph (District of Columbia)

Attorneys(s) for Plaintiff

Borroto, Gianna (Illinois)

Brinkman, Paul F (District of Columbia)

DeBacker, Devin Allan (District of Columbia)

Echols, Barack (Illinois)

Fombonne, Jonathan (Texas)

Forrestal, Rebecca Wall (District of Columbia)

Haney, Patrick T (District of Columbia)

Jacobowski, Amanda (Illinois)

Lewis, Britney Ann (District of Columbia)

Loyo, Ruben (Illinois)

Melloy Goettel, Katherine E. (District of Columbia)

Netznik, Jamie R (Illinois)

O'Callaghan, Orla P (Texas)

Patton, Stephen Ray (Illinois)

Powell, Kevin Ross (District of Columbia)

Quincy, Paul L (District of Columbia)

Reser, Anne K (Illinois)

Reynolds, Erin (Illinois)

Slade, Michael B (Illinois)

Trout Perez, Tia T. (District of Columbia)

Attorneys(s) for Defendant

Alsterberg, Cara Elizabeth (District of Columbia)

Davila, Yamileth G. (District of Columbia)

Hirst, Kevin (District of Columbia)

Kisor, Colin A. (District of Columbia)

Nickerson, Theo (District of Columbia)

Parascandola, Christina B. (District of Columbia)

Schultz, Evan Paul (District of Columbia)

Weiland, William (District of Columbia)

Zeitlin, Benjamin (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 2, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

March 5, 2018 Complaint
21

First Amended Complaint for Declaratory and Injunctive Relief

March 30, 2018 Complaint
28

Memorandum Opinion Granting Plaintiffs' Motion for Preliminary Injunction

310 F.Supp.3d 7

April 18, 2018 Order/Opinion
50

Memorandum Opinion Denying Defendants' Motion to Dismiss Plaintiffs' Amended Complaint; Granting Plaintiffs' Motion for Class Certification

338 F.Supp.3d 1

Aug. 30, 2018 Order/Opinion

Order Denying Motion for Partial Summary Judgment

Garcia Ramirez v. U.S. Immigration and Customs Enforcement

2019 WL 7370368

Nov. 7, 2019 Order/Opinion
333

Findings of Fact and Conclusions of Law Concerning Liability

471 F.Supp.3d 88, 2020 WL 3604041

July 2, 2020 Order/Opinion

Resources

Title Description External URL

Garcia Ramirez, Et Al. v. ICE, Et Al.

National Immigrant Justice Center

Garcia Ramirez et al. v. U.S. Immigration and Customs Enforcement et al., is a nationwide class-action lawsuit against the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enfor… July 2, 2020 https://immigrantjustice.org/court_cases/garcia-ramirez-et-al-v-ice-et-al

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6325761/garcia-ramirez-v-us-immigration-and-custom-enforcement/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT ( Filing fee $ 400, receipt number 4616089822) filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO. (Attachments: # 1 Civil Cover Sheet)(jf) . (Entered: 03/06/2018)

10 Civil Cover Sheet

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March 5, 2018 RECAP
2

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Certificate of Counsel, # 12 Text of Proposed Order)(jf) (Entered: 03/06/2018)

1 Memorandum in Support

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Certificate of Counsel

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12 Text of Proposed Order

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March 5, 2018 PACER
3

LCVR 83.2(g) CERTIFICATE OF PRO BONO REPRESENTATION for WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO by Katherine Melloy Goettel (jf) (Entered: 03/06/2018)

March 5, 2018 PACER
4

LCVR 83.2(g) CERTIFICATE OF PRO BONO REPRESENTATION for WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO by Stephen R. Patton, P.C. (jf) (Entered: 03/06/2018)

March 5, 2018 PACER
5

LCVR 83.2(g) CERTIFICATE OF PRO BONO REPRESENTATION for WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO by Anne K. Reser (jf) (Entered: 03/06/2018)

March 5, 2018 PACER

MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a hearing on 2 Plaintiff's motion for a temporary restraining order on March 8, 2018 at 3:00 PM in Courtroom 14 before Judge Rudolph Contreras. SO ORDERED. Signed by Judge Rudolph Contreras on March 6, 2018. (lcrc2) Modified on 3/6/2018 (lcrc2, ).

March 6, 2018 PACER

Set/Reset Hearings: Motion Hearing set for 3/8/2018 at 03:00 PM in Courtroom 14 before Judge Rudolph Contreras. (tj)

March 6, 2018 PACER
6

MOTION to Certify Class by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Trout Perez, Tia) (Entered: 03/06/2018)

March 6, 2018 PACER
7

NOTICE of Appearance by Katherine E.M. Goettel on behalf of All Plaintiffs (Goettel, Katherine) (Entered: 03/07/2018)

March 7, 2018 PACER
8

NOTICE of Appearance by Stephen R. Patton on behalf of WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO (Patton, Stephen) (Entered: 03/07/2018)

March 7, 2018 PACER
9

NOTICE of Appearance by Colin Abbott Kisor on behalf of All Defendants (Kisor, Colin) (Entered: 03/07/2018)

March 7, 2018 PACER
10

NOTICE of Appearance by Christina Parascandola on behalf of All Defendants (Parascandola, Christina) (Entered: 03/07/2018)

March 7, 2018 PACER
11

NOTICE of Appearance by Cara Elizabeth Alsterberg on behalf of All Defendants (Alsterberg, Cara) (Entered: 03/07/2018)

March 7, 2018 PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/6/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/5/2018. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit)(Trout Perez, Tia) (Entered: 03/07/2018)

March 7, 2018 PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/6/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 3/6/2018; THOMAS HOMAN served on 3/6/2018; KIRSTJEN M. NIELSEN served on 3/6/2018; U.S. IMMIGRATION AND CUSTOM ENFORCEMENT served on 3/6/2018. (See Docket Entry 12 to view document). (znmw) (Entered: 03/08/2018)

March 7, 2018 PACER

Minute Entry for proceedings held before Judge Rudolph Contreras: Motion Hearing held on 3/8/2018 re 2 MOTION for Temporary Restraining filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO. Oral argument heard, and Motion for Temporary Restraining Order is DENIED for reasons stated on the record. Parties are directed to meet and confer on a briefing schedule for Preliminary Injunction and Motion for Class certification by 3/9/18. (Court Reporter: Patricia Kaneshiro Miller.) (tj)

March 8, 2018 PACER
14

Joint STATUS REPORT regarding Preliminary Injunction and Class Certification briefing schedule by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO. (Goettel, Katherine) (Entered: 03/09/2018)

March 9, 2018 RECAP
15

SCHEDULING ORDER: See document for details. Signed by Judge Rudolph Contreras on March 13, 2018. (lcrc2) (Entered: 03/13/2018)

March 13, 2018 PACER

Set/Reset Deadlines/Hearings: Response to Preliminary Injunction due by 3/29/2018; Preliminary Injunction Hearing set for 4/3/2018 at 10:00 AM in Courtroom 14 before Judge Rudolph Contreras. (tj)

March 13, 2018 PACER
16

NOTICE of Appearance by Anne K. Reser on behalf of All Plaintiffs (Reser, Anne) (Entered: 03/13/2018)

March 13, 2018 PACER
17

TRANSCRIPT OF PROCEEDINGS before Judge Rudolph Contreras held on March 8, 2018; Page Numbers: 1-47. Date of Issuance:March 16, 2018. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Tape Number: Patricia_Kaneshiro-Miller@dcd.uscourts.gov. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 4/6/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/14/2018.(pk) (Entered: 03/16/2018)

March 16, 2018 RECAP
18

NOTICE of Appearance by Theo Nickerson on behalf of All Defendants (Nickerson, Theo) (Entered: 03/19/2018)

March 19, 2018 PACER
19

TRANSCRIPT OF PROCEEDINGS before Judge Rudolph Contreras held on March 8, 2018; Page Numbers: 1-47. Date of Issuance:March 29, 2018. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 4/19/2018. Redacted Transcript Deadline set for 4/29/2018. Release of Transcript Restriction set for 6/27/2018.(pk) (Entered: 03/29/2018)

March 29, 2018 PACER
20

Memorandum in opposition to re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Alsterberg, Cara) (Entered: 03/29/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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March 29, 2018 RECAP
21

AMENDED COMPLAINT against DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Trout Perez, Tia) (Entered: 03/30/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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March 30, 2018 RECAP
22

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit, # 2 Text of Proposed Order, # 3 Text of Proposed Order)(Trout Perez, Tia) (Entered: 03/30/2018)

March 30, 2018 PACER
23

MOTION for Leave to File by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Text of Proposed Order)(Trout Perez, Tia) (Entered: 03/30/2018)

March 30, 2018 PACER
24

REPLY to opposition to motion re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO. (Trout Perez, Tia) (Entered: 04/02/2018)

April 2, 2018 PACER

Minute Entry for proceedings held before Judge Rudolph Contreras: Preliminary Injunction hearing held on 4/3/2018. Oral argument heard, and motion taken under advisement. (Court Reporter: Sara Wick.) (tj)

April 3, 2018 PACER
25

TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING before Judge Rudolph Contreras held on 04/03/2018. Page Numbers: 1-61. Date of Issuance: 04/12/2018. Court Reporter: Sara A. Wick, Telephone number 202-354-3284. Tape Number: N/A. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/3/2018. Redacted Transcript Deadline set for 5/13/2018. Release of Transcript Restriction set for 7/11/2018.(Wick, Sara) (Entered: 04/12/2018)

April 12, 2018 PACER
26

RESPONSE re 22 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO (This document is SEALED and only available to authorized persons.) filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Alsterberg, Cara) (Entered: 04/13/2018)

April 13, 2018 PACER

MINUTE ORDER granting 23 Plaintiffs' Motion for Leave to File Additional Declarations. Plaintiffs' additional declarations are DEEMED FILED. SO ORDERED. Signed by Judge Rudolph Contreras on April 18, 2018. (lcrc2)

April 18, 2018 PACER
27

ORDER granting 2 Plaintiffs' Motion for Preliminary Injunction. See document for details. Signed by Judge Rudolph Contreras on April 18, 2018. (lcrc2) (Entered: 04/18/2018)

April 18, 2018 PACER
28

MEMORANDUM OPINION granting 2 Plaintiffs' Motion for Preliminary Injunction. See document for details. Signed by Judge Rudolph Contreras on April 18, 2018. (lcrc2) (Entered: 04/18/2018)

April 18, 2018 RECAP
29

ADDITIONAL DECLARATIONS re 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO. (jf) (Entered: 04/19/2018)

April 18, 2018 PACER
30

RESPONSE TO ORDER OF THE COURT re 28 Memorandum & Opinion, 27 Order on Motion for TRO, Order on Motion for Preliminary Injunction filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Exhibit Declaration of Jose A. Cortez, Supervisory Deportation and Detention Officer, ICE, Enforcement and Removal Operations, Harlingen, # 2 Exhibit Declaration of Andrew Swierski, Supervisory Deportation and Detention Officer, ICE, Enforcement and Removal Operations, Eloy Detention Center)(Parascandola, Christina) (Entered: 05/02/2018)

May 2, 2018 PACER
31

MEMORANDUM in Opposition re 6 MOTION to Certify Class filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Parascandola, Christina) Modified on 5/3/2018 to correct docket event/text (jf). (Entered: 05/03/2018)

May 3, 2018 PACER

NOTICE OF ERROR re 31 Reply to opposition to Motion; emailed to christina.parascandola@usdoj.gov, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. DO NOT REFILE (jf, )

May 3, 2018 PACER
32

MOTION to Dismiss for Lack of Jurisdiction by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT (Nickerson, Theo) (Entered: 05/07/2018)

May 7, 2018 PACER
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NOTICE of Appearance by Paul F. Brinkman on behalf of All Plaintiffs (Brinkman, Paul) (Entered: 05/08/2018)

May 8, 2018 PACER
34

NOTICE of Appearance by Devin Allan DeBacker on behalf of All Plaintiffs (DeBacker, Devin) (Entered: 05/08/2018)

May 8, 2018 PACER
35

NOTICE of Pro Bono Representation Pursuant to LR83.2(g) by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P. (Jacobowski, Amanda) (Entered: 05/08/2018)

May 8, 2018 PACER
36

Amended MOTION to Dismiss for Lack of Jurisdiction corrected version by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT (Nickerson, Theo) (Entered: 05/09/2018)

May 9, 2018 RECAP
37

REPLY to opposition to motion re 6 MOTION to Certify Class filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P.. (Attachments: # 1 Declaration, # 2 Exhibit 1)(Patton, Stephen) (Entered: 05/14/2018)

May 14, 2018 PACER
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RESPONSE re 36 Amended MOTION to Dismiss for Lack of Jurisdiction corrected version filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P.. (Patton, Stephen) (Entered: 05/21/2018)

May 21, 2018 PACER
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REPLY to opposition to motion re 36 Amended MOTION to Dismiss for Lack of Jurisdiction corrected version filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Nickerson, Theo) (Entered: 05/29/2018)

May 29, 2018 PACER
40

NOTICE OF SUPPLEMENTAL AUTHORITY by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P. (Attachments: # 1 Exhibit A)(Patton, Stephen) (Entered: 06/14/2018)

June 14, 2018 PACER
41

NOTICE of Pro Bono Representation Pursuant to LR83.2(g) by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P. (Netznik, Jamie) (Entered: 06/27/2018)

June 27, 2018 PACER
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NOTICE of Pro Bono Representation Pursuant to LR83.2(g) by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P. (Powell, Kevin) (Entered: 06/27/2018)

June 27, 2018 PACER
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NOTICE OF SUPPLEMENTAL AUTHORITY by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P. (Attachments: # 1 Exhibit A)(DeBacker, Devin) (Entered: 07/03/2018)

July 3, 2018 PACER
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NOTICE OF SUPPLEMENTAL AUTHORITY by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P. (Attachments: # 1 Exhibit A)(DeBacker, Devin) (Entered: 07/09/2018)

July 9, 2018 PACER
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RESPONSE re 40 NOTICE OF SUPPLEMENTAL AUTHORITY filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Nickerson, Theo) (Entered: 07/16/2018)

July 16, 2018 PACER
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MOTION to Expedite Discovery by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Text of Proposed Order)(DeBacker, Devin). Added MOTION for Briefing Schedule, MOTION for Hearing on 8/8/2018 (znmw). (Entered: 08/03/2018)

Aug. 3, 2018 PACER
47

RESPONSE re 46 MOTION to Expedite Discovery MOTION for Briefing Schedule MOTION for Hearing in opposition filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Nickerson, Theo) (Entered: 08/17/2018)

Aug. 17, 2018 PACER

MINUTE ORDER: It is hereby ORDERED that, by September 10, 2018, the parties shall meet, confer, and jointly file a proposed schedule or schedules to govern further proceedings in this matter, assuming that the Court will deny Defendants' motion to dismiss and grant Plaintiffs' motion for class certification. It is FURTHER ORDERED that the parties shall appear for a status conference on September 14, 2018 at 10:00 AM in Courtroom 14 before Judge Rudolph Contreras. SO ORDERED. Signed by Judge Rudolph Contreras on August 24, 2018. (lcrc2)

Aug. 24, 2018 PACER
48

REPLY to opposition to motion re 46 MOTION to Expedite Discovery MOTION for Briefing Schedule MOTION for Hearing filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Patton, Stephen) (Entered: 08/24/2018)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

Aug. 24, 2018 RECAP

Set/Reset Deadlines/Hearings: Status Conference set for 9/14/2018 at 10:00 AM in Courtroom 14 before Judge Rudolph Contreras. (tj)

Aug. 27, 2018 PACER

Set/Reset Deadlines: Proposed Briefing Schedule due by 9/10/2018 (tj)

Aug. 27, 2018 PACER

MINUTE ORDER: Upon consideration of 22 Plaintiff's Motion for Leave to File Under Seal, [22-1] Plaintiff's Motion for Leave to Proceed Under a Pseudonym, and Defendants' lack of opposition to either motion, it is hereby ORDERED that Plaintiff's motions are GRANTED. Plaintiff may proceed in this matter under the pseudonym Ana P. SO ORDERED. Signed by Judge Rudolph Contreras on August 30, 2018. (lcrc2)

Aug. 30, 2018 PACER
49

ORDER denying 36 Defendants' Motion to Dismiss Plaintiffs' Amended Complaint; and granting 6 Plaintiffs' Motion for Class Certification. See document for details. Signed by Judge Rudolph Contreras on August 30, 2018. (lcrc2) (Entered: 08/30/2018)

Aug. 30, 2018 PACER
50

MEMORANDUM OPINION denying 36 Defendants' Motion to Dismiss Plaintiffs' Amended Complaint; and granting 6 Plaintiffs' Motion for Class Certification. See document for details. Signed by Judge Rudolph Contreras on August 30, 2018. (lcrc2) (Entered: 08/30/2018)

Aug. 30, 2018 RECAP
51

MEET AND CONFER STATEMENT. (Goettel, Katherine) (Entered: 09/10/2018)

Sept. 10, 2018 PACER
52

ANSWER to 21 Amended Complaint, by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT.(Parascandola, Christina) (Entered: 09/13/2018)

Sept. 13, 2018 PACER

Minute Entry for proceedings held before Judge Rudolph Contreras: Status Conference held on 9/14/2018. Parties advise the court of the status of this action. Order to follow by the court. (Court Reporter: Patricia Kaneshiro Miller.) (tj)

Sept. 14, 2018 PACER

MINUTE ORDER: As stated on the record at the September 14, 2018 status conference, discovery in this matter shall commence today, September 14, 2018, and shall be completed by January 15, 2019. By September 21, 2018, the parties shall meet, confer, and submit a Joint Status Report that: (1) proposes any interim discovery deadlines; (2) indicates whether the parties wish to be referred to a Magistrate Judge for mediation; and (3) addresses any other issues raised at today's status conference or otherwise. SO ORDERED. Signed by Judge Rudolph Contreras on September 14, 2018. (lcrc2)

Sept. 14, 2018 PACER

MINUTE ORDER denying 46 Plaintiffs' Motion to Expedite Discovery: On August 3, 2018, Plaintiffs filed a Motion for Expedited Discovery and a Briefing Schedule and Hearing with Respect to Plaintiffs' Motion for Class-Wide Preliminary Injunction. Since Plaintiffs filed that motion, this Court has denied Defendants' motion to dismiss, granted Plaintiffs' motion for class certification, and set a deadline for discovery in this matter. In light of these developments, and for the reasons stated on the record at the September 14, 2018 status conference, the Court DENIES 46 Plaintiffs' Motion to Expedite Discovery, in part as moot and in part on the merits. As explained at the September 14, 2018 status conference, Plaintiffs are not precluded from renewing their motion for preliminary injunction in response to developments during the discovery period. SO ORDERED. Signed by Judge Rudolph Contreras on September 14, 2018. (lcrc2)

Sept. 14, 2018 PACER

Set/Reset Deadlines: Discovery due by 1/15/2019. Status Report due by 9/21/2018 (tj)

Sept. 14, 2018 PACER
53

Joint STATUS REPORT by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P.. (Patton, Stephen) (Entered: 09/21/2018)

Sept. 21, 2018 PACER
54

SCHEDULING ORDER. See document for details. Signed by Judge Rudolph Contreras on September 24, 2018. (lcrc3) (Entered: 09/24/2018)

Sept. 24, 2018 PACER

Set/Reset Deadlines: Disclosures due by 9/21/2018; Responses due by 10/4/2018; Expert Disclosures due by 12/15/2018; Initial Telephone Conference set for 9/28/2018 at 2:30 PM in Chambers before Judge Rudolph Contreras. (tj)

Sept. 25, 2018 PACER
55

NOTICE of Appearance by Benjamin Jay Zeitlin on behalf of All Defendants (Zeitlin, Benjamin) (Entered: 09/25/2018)

Sept. 25, 2018 PACER

MINUTE ORDER: For the reasons stated on the record during the September 28, 2018 telephone hearing, it is hereby ORDERED that the parties shall submit the following materials: First, on or before October 5, 2018, the parties shall submit proposed protective orders governing the production of personal identifying information or other privacy protected information contained in the class members' "A files" or in other records responsive to discovery requests. Second, on or before October 12, 2018, the government shall collect "A files" for ten of the class members, review those files with the Plaintiffs, and determine what information in the files is responsive to the Plaintiffs' document requests. In the meantime, the government shall immediately begin the process of locating and collecting the A files for all class members. On or before October 17, 2018 the parties shall file a joint status report containing proposals for how the parties will address production of the "A files" going forward. Third, the parties shall submit proposals identifying which ICE facilities should be searched for emails and documents, which custodians' emails and documents should be collected and searched from those facilities (the juvenile coordinator, juvenile enforcement officers, their supervisors), and which search terms should be applied to the searches for those emails and documents. Fourth, the parties shall submit proposals identifying the custodians at ICE's headquarters from whom emails and documents should be collected and searched, and identifying the search terms to be applied to those documents. For the third and fourth items, the parties shall exchange initial proposals on or before October 3, 2018 and file with the Court a joint status report containing their final proposals on or before October 5, 2018. Sixth, by October 5, 2018, the parties shall agree on a set of dates on which counsel for both parties are available to depose the third-party witnesses discussed during the telephone hearing (both fact depositions and depositions to preserve testimony for trial). Seventh, by October 5, 2018, the government shall send to plaintiffs a list of the identities of all class members and the name of the ICE facility at which each class member is held. SO ORDERED. Signed by Judge Rudolph Contreras on 10/3/2018. (lcrc2)

Oct. 3, 2018 PACER
56

MOTION for Protective Order by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Parascandola, Christina) (Entered: 10/04/2018)

Oct. 4, 2018 PACER
57

MOTION to Amend/Correct 56 MOTION for Protective Order by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT (Attachments: # 1 Errata Amended Motion, # 2 Text of Proposed Order Proposed Protective Order, # 3 Exhibit Original motion, # 4 Text of Proposed Order Proposed Order Granting Leave to Amend)(Parascandola, Christina) (Entered: 10/04/2018)

Oct. 4, 2018 PACER
58

STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Exhibit Exhibit A Proposals pursuant to the Courts Order of October 3 2018)(Parascandola, Christina) (Entered: 10/05/2018)

Oct. 5, 2018 PACER
59

STATUS REPORT regarding discovery by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P.. (Attachments: # 1 Ex. A - Plaintiffs' Proposed Search Terms, # 2 Ex. B - Sept. 2018 FOIA Response from ICE, # 3 Ex. C - Blacklined Proposed Protective Order, # 4 Ex. D - Email regarding joint statement)(Goettel, Katherine) (Entered: 10/05/2018)

Oct. 5, 2018 PACER

Set/Reset Hearings: Telephone Conference set for 10/12/2018, 10/19/18 at 02:30 PM in Chambers before Judge Rudolph Contreras. (tj)

Oct. 9, 2018 PACER
60

TRANSCRIPT OF PROCEEDINGS before Judge Rudolph Contreras held on September 14, 2018; Page Numbers: 1-21. Date of Issuance:October 9, 2018. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Tape Number: Patricia_Kaneshiro-Miller@dcd.uscourts.gov. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 10/30/2018. Redacted Transcript Deadline set for 11/9/2018. Release of Transcript Restriction set for 1/7/2019.(pk) (Entered: 10/09/2018)

Oct. 9, 2018 PACER
61

TRANSCRIPT OF PROCEEDINGS before Judge Rudolph Contreras held on September 28, 2018; Page Numbers: 1-48. Date of Issuance:October 9, 2018. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Tape Number: Patricia_Kaneshiro-Miller@dcd.uscourts.gov. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 10/30/2018. Redacted Transcript Deadline set for 11/9/2018. Release of Transcript Restriction set for 1/7/2019.(pk) (Entered: 10/09/2018)

Oct. 9, 2018 PACER
62

NOTICE OF APPEARANCE for Defendants by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT (Schultz, Evan); Modified text on 10/12/2018 (tth). (Entered: 10/10/2018)

Oct. 10, 2018 PACER
63

ORDER granting 57 Defendants' Amended Motion for Protective Order. At the October 12, 2018 telephone hearing, the parties should be prepared to discuss Paragraph 2.c, involving the names, telephone numbers, and electronic mail addresseses of federal government employees. Until the issues is ultimately resolved, Plaintiffs may show, but not provide copies of, this information to witnesses, consultants, and experts. In all other respects, see document for details. SO ORDERED. Signed by Judge Rudolph Contreras on 10/11/2018. (lcrc2) (Entered: 10/11/2018)

Oct. 11, 2018 RECAP

Minute Entry for proceedings held before Judge Rudolph Contreras: Telephone Conference held on 10/12/2018. Parties report the status of this action. (Court Reporter: Patricia Kaneshiro Miller.) (tj)

Oct. 12, 2018 PACER

MINUTE ORDER: For the reasons stated on the record at the October 12, 2018 telephone hearing, it is hereby ORDERED that Defendants shall begin searching for responsive documents in the possession of any individuals at the San Antonio, San Francisco, and Phoenix field offices holding the custodial positions identified in 59 Plaintiffs' October 5, 2018 Status Report. It is FURTHER ORDERED that Defendants shall begin searching for responsive documents in the possession of any individuals at ICE headquarters holding the custodial positions identified in Plaintiffs' October 5, 2018 Status Report. To perform these searches, Defendants shall use the search terms that Plaintiffs identified in their October 5, 2018 Status Report. Defendants should be prepared to discuss the results of these searches at the October 19, 2018 telephone hearing. SO ORDERED. Signed by Judge Rudolph Contreras on 10/12/2018. (lcrc2)

Oct. 12, 2018 PACER
64

Joint STATUS REPORT regarding the production of A-files by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P.. (Goettel, Katherine) (Entered: 10/17/2018)

Oct. 17, 2018 RECAP
65

NOTICE regarding E discovery by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT re Order,,, (Attachments: # 1 Declaration)(Kisor, Colin) (Entered: 10/19/2018)

1 Declaration

View on RECAP

Oct. 19, 2018 PACER

MINUTE ORDER: For the reasons stated on the record at the October 19, 2018 telephone hearing, it is hereby ORDERED that, by close of business on October 23, 2018, Defendants shall submit unredacted and redacted copies of one A-File for the Court's in camera review. The particular A-File that is submitted shall be one chosen by Plaintiffs, and it should include redactions based on claims of deliberative process privilege. SO ORDERED. Signed by Judge Rudolph Contreras on 10/19/2018. (lcrc2)

Oct. 19, 2018 PACER

Minute Entry for proceedings held before Judge Rudolph Contreras: Telephone Conference held on 10/19/2018. Order to follow. (Court Reporter: Patricia Kaneshiro Miller.) (tj)

Oct. 19, 2018 PACER
66

NOTICE of Filing by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT (Zeitlin, Benjamin) (Entered: 10/24/2018)

Oct. 24, 2018 PACER

Minute Entry for proceedings held before Judge Rudolph Contreras: Telephone Conference held on 10/26/2018. (Court Reporter: Patricia Kaneshiro Miller.) (tj)

Oct. 26, 2018 PACER

MINUTE ORDER: For the reasons stated on the record during the October 26, 2018 telephone hearing, it is hereby ORDERED that the parties shall take the following actions. First, the parties shall file submissions addressing the applicability of the deliberative process privilege to documents produced in this action. As part of these submissions, the parties should specifically address the claim of deliberative process privilege over a Parole Determination Worksheet in the example A-File that the Court has reviewed in camera. If the parties wish, their submissions may also discuss the applicability of 8 U.S.C. ยง 1367 and 8 C.F.R. ยง 208.6 to the production of documents in this case. Defendants shall file their submission by the close of business on October 30, 2018, and Plaintiffs shall file their response by close of business on November 1, 2018. The submissions shall be limited to five pages in length. Second, Defendants shall produce 5 A-Files to Plaintiffs by November 2, 2018, and 7 additional A-Files by November 9, 2018. Third, Defendants shall collect all emails in the possession of all individuals holding the position of Juvenile Coordinator at the ten field offices identified in 59 Plaintiff's October 5, 2018 Status Report and export them to PST files. Defendants shall make a good faith effort to convert all ten custodians' emails to PST files by November 2, 2018. At the November 2 telephone hearing, defendants should be prepared to discuss how long this process is taking and share the size of the files they have successfully exported. SO ORDERED. Signed by Judge Rudolph Contreras on 10/29/2018. (lcrc2)

Oct. 29, 2018 PACER
67

RESPONSE TO ORDER OF THE COURT re Order,,,,,, regarding Deliberative Process Privilege filed by THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Parascandola, Christina) (Entered: 10/30/2018)

Oct. 30, 2018 PACER
68

RESPONSE TO ORDER OF THE COURT re Order,,,,,, regarding Deliberative Process Privilege filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P.. (Attachments: # 1 Exhibit A)(Patton, Stephen) (Entered: 11/01/2018)

Nov. 1, 2018 RECAP
69

NOTICE of compliance by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT re Order,,,,,, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Declaration)(Kisor, Colin) (Entered: 11/02/2018)

Nov. 2, 2018 PACER

Minute Entry for proceedings held before Judge Rudolph Contreras: Telephone Conference held on 11/2/2018. (Court Reporter: Patricia Kanshiro Miller.) (tj)

Nov. 2, 2018 PACER

MINUTE ORDER: For the reasons stated on the record during the November 2, 2018 telephone hearing, the following is hereby ORDERED: First, by November 9, 2018, Defendants shall use their best efforts to transfer the 14 custodians' (Juvenile Coordinators) documents that are currently in PST format into a search-ready format in Relativity. Second, as soon as 2 custodians' documents are in search-ready format in Relativity, Defendants shall begin running Relativity searches on the documents, using the search terms provided in Exhibit A to 59 Plaintiffs October 5, 2018 status report. These searches shall continue on an ongoing basis as additional documents become search-ready, in consultation with Plaintiffs regarding how to narrow the search terms to more precisely capture responsive documents. Third, at least one lawyer representing each party who is knowledgeable on ESI (e.g., Ms. Davila, Ms. Trout-Perez) shall attend a meet-and-confer to take place no later than November 8, 2018, at which these representatives shall discuss whatever ESI-related issues the parties are facing, including the possibility of narrowing the Relativity search terms. Fourth, by November 9, 2018, Defendants shall collect the emails in the possession of Mellissa Harper and export them to PST files. Fifth, by November 6, 2018, Defendants shall file a declaration from someone knowledgeable with the ESI-collection process that addresses the resource and technical constraints that prevent Defendants from collecting ESI any faster than they are currently collecting. This declaration should specifically discuss any problems Defendants would face if they were ordered to export certain custodians' documents to PST files while simultaneously transferring other custodians' PST files to Relativity. SO ORDERED. Signed by Judge Rudolph Contreras on 11/2/2018. (lcrc2)

Nov. 2, 2018 PACER
70

ORDER: See document for details. Signed by Judge Rudolph Contreras on 11/5/2018. (lcrc2) (Entered: 11/05/2018)

Nov. 5, 2018 RECAP
71

RESPONSE TO ORDER OF THE COURT re Order,,,,,,, of November 2, 2018 filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Declaration)(Parascandola, Christina) (Entered: 11/06/2018)

Nov. 6, 2018 PACER
72

NOTICE of Appearance by Yamileth G. Davila on behalf of All Defendants (Davila, Yamileth) (Entered: 11/09/2018)

Nov. 9, 2018 PACER
73

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Form)(Parascandola, Christina) (Entered: 11/09/2018)

Nov. 9, 2018 PACER
74

RESPONSE TO ORDER OF THE COURT re Order,,,,,,, Order,,,,,, of Nov. 2, 2018 filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Parascandola, Christina) (Entered: 11/09/2018)

Nov. 9, 2018 PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 5, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All former unaccompanied alien children who are detained or will be detained by ICE after being transferred by ORR because they have turned 18 years of age and as to whom ICE did not consider placement in the least restrictive setting available, including alternative to detention programs, as required by 8 U.S.C. § 1232(c)(2)(B)

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Customs Enforcement (ICE) (Washington, D.C., District of Columbia), Federal

Department of Homeland Security (Washington, D.C., District of Columbia), Federal

Director (Washington, D.C., District of Columbia), Federal

Secretary (Washington, D.C., District of Columbia), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Classification / placement

Family reunification

Juveniles

Over/Unlawful Detention

Placement in detention facilities

Placement in shelters

Immigration/Border:

Detention - criteria

Detention - procedures

Family Separation