Case: Gomes v. US Department of Homeland Security

1:20-cv-00453 | U.S. District Court for the District of New Hampshire

Filed Date: April 15, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: Detained immigrants sued the U.S. Department of Homeland Security alleging that the conditions of detention during the COVID-19 pandemic placed them at substantial risk of harm in violation of their due process rights. The court provisionally certified a class for the purpose of conducting bail hearings.Three immigration detainees filed this petition for habeas corpus and putative class-action lawsuit in the U.S. District Court for the District of New Hampshire on April 15, 20…

COVID-19 Summary: Detained immigrants sued the U.S. Department of Homeland Security alleging that the conditions of detention during the COVID-19 pandemic placed them at substantial risk of harm in violation of their due process rights. The court provisionally certified a class for the purpose of conducting bail hearings.


Three immigration detainees filed this petition for habeas corpus and putative class-action lawsuit in the U.S. District Court for the District of New Hampshire on April 15, 2020. The putative class consisted of all civil immigration detainees held by the Strafford County Department of Corrections (SCDOC). Represented by private counsel, the Federal Defender's Office, and the American Civil Liberties Union of New Hampshire, the plaintiffs sued the Acting Secretary of the U.S. Department of Homeland Security, the Acting Director of Immigration and Customs Enforcement, and the Superintendent of the Strafford County Department of Corrections under 28 U.S.C. § 2241 et seq. The plaintiffs argued that the policies and practices at SCDOC put the class members at substantial risk of harm, thereby violating the Fifth Amendment of the U.S. Constitution. These policies and practices included a failure to adequately address the spread of COVID-19 within the detention center.

The case was assigned to Chief Judge Landya McCafferty.

On May 1, 2020, the court held a hearing regarding several issues including class certification and bail hearings to allow temporary release while the litigation proceeded. Three days later, the court provisionally certified a class consisting of "all individuals who are now held in civil immigration detention at SCDOC." 2020 WL 2113642. The court also ruled that the defendants were being too conservative when deciding which detainees had serious medical conditions. Judge McCafferty ordered that the detainees suffering from an illness on the CDC's high-risk list would presumptively be treated as high-risk.

Judge McCafferty held that civil immigration detainees at high risk of COVID-19 were entitled to bail hearings while the case proceeded in a May 14, 2020 opinion. She reasoned that detainees with serious medical needs were likely to succeed on the merits of their due process claim. But she did not decide whether low-risk detainees were also entitled to a bail hearing. 2020 WL 2514541.

On May 15, 2020, the defendants filed a motion to dismiss. They argued that the plaintiffs lacked Article III standing, that they could not seek relief via a habeas petition, that the alleged facts did not constitute a violation of the Fifth Amendment, and that the plaintiffs failed to put them on notice of the allegations.

During the May 1 hearings, the court had discovered that several inmates' medical records were incomplete. It turned out that ICE detention centers did not forward detainees' medical records when they were transferred. That meant some detainees struggled to establish that they suffered from illnesses that put them in a high-risk group. To remedy this problem, the court held that if no records were available from SCDOC, detainees could still establish they suffered from a serious medical problem by submitting credible testimony about it in a May 20, 2020 order. 2020 WL 2605762.

On May 21, 2020, the court denied the plaintiffs' motion for a preliminary injunction and an emergency request to grant bail hearings for eight detainees before transferring them from SCDOC. Judge McCafferty reasoned that the plaintiffs had neither shown that the court had the power to stop all SCDOC transfers nor that enjoining the transfers was necessary. But the court was "hopeful that respondents will reassess the situation and decide to test . . . detainees before transferring them," after one detainee tested positive for COVID-19. 2020 WL 2598180.

The court denied the defendants' motion to dismiss on July 16, 2020. Judge McCafferty had "no trouble finding that petitioners have standing" because COVID-19 was spreading rapidly through detention centers and had already infected two putative class members. She then observed that whether the plaintiffs could use a petition for habeas corpus to secure a less restrictive form of custody (here, home confinement) presented a "difficult intermediate case" but concluded they could under First Circuit precedent. She also rejected the defendants' due process and fair notice arguments. 2020 WL 3258627.

On July 1, 2020, Judge McCafferty found that low-risk detainees were not entitled to bail hearings before a ruling on the merits of their claims. She noted that the Supreme Court had not yet decided whether a willful indifference or objective standard applied to conditions-of-confinement claims by civil detainees. But it didn't matter: the detainees failed to meet even the objective test because COVID-19 did not pose a greater threat to the low-risk detainees than it did to "members of the society at large," and the defendants had taken reasonable steps to protect against it. 2020 WL 3577302.

That summer, the U.S. Supreme Court decided that an immigrant's request for an additional opportunity to seek asylum fell outside the traditional scope of the writ of habeas corpus in Thuraissigiam v. Department of Homeland Security. In response, the defendants sought reconsideration of the court's decision to deny their motion to dismiss. But Judge McCafferty found that Thuraissigiam "has little applicability" to this case because the plaintiffs did not seek review of asylum eligibility and denied the defendants' motion on September 28, 2020. 2020 WL 5769465.

Throughout August and September 2020 the court conducted bail hearings for individual detainees. On March 5, 2021, the court granted the motion to certify the class of "all individuals who are now held in civil immigration detention at SCHOC." Shortly after this, the parties notified the court that they were engaging in settlement discussions. In the interim, as the parties engage in these discussions, the defendants continue to file weekly status reports to the court.

Summary Authors

Jack Hibbard (7/29/2020)

Timothy Leake (10/19/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17070536/parties/giotto-v-us-department-of-homeland-security-acting-secretary/


Judge(s)

McCafferty, Landya B. (New Hampshire)

Attorneys(s) for Plaintiff

Abramson, Ronald (New York)

Ayer, Timothy C. (New Hampshire)

Bissonnette, Gilles R (New Hampshire)

Calderon, Marx (Massachusetts)

Cho, Eunice (District of Columbia)

Cohen, Frances Susan (New Hampshire)

Deane, W. Daniel (Massachusetts)

Fathi, David Cyrus (District of Columbia)

Gilbert, Laurel (Massachusetts)

Judge(s)

McCafferty, Landya B. (New Hampshire)

Attorneys(s) for Plaintiff

Abramson, Ronald (New York)

Ayer, Timothy C. (New Hampshire)

Bissonnette, Gilles R (New Hampshire)

Calderon, Marx (Massachusetts)

Cho, Eunice (District of Columbia)

Cohen, Frances Susan (New Hampshire)

Deane, W. Daniel (Massachusetts)

Fathi, David Cyrus (District of Columbia)

Gilbert, Laurel (Massachusetts)

Green, Cathy J. (Connecticut)

Jadwat, Omar C. (New York)

Kim, SangYeob (New Hampshire)

Klementowicz, Henry (New Hampshire)

Mirhashem, Behzad (New Hampshire)

Missett, Colin (Massachusetts)

Newman, John P. (New Hampshire)

O'Connell, W. Scott (New Hampshire)

Quillen, Henry Clay (New Hampshire)

Strauss, Michael (New Hampshire)

Tan, Michael K. T. (New York)

Vicinanzo, David A. (Massachusetts)

Warecki, Nathan P. (New Hampshire)

White, Emily Assunta (New Hampshire)

Attorneys(s) for Defendant

Davis, John S. (New Hampshire)

Dronzek, Anna (New Hampshire)

Konesky, Georgiana L. (New Hampshire)

Le, Cam T. (New Hampshire)

MacDonald, Georgiana (New Hampshire)

Ollila, Terry L. (New Hampshire)

Rabuck, Robert J. (New Hampshire)

Weiland, Kasey A. (New Hampshire)

Expert/Monitor/Master

Burlock, John S (New Hampshire)

Carrera, John Willshire (Massachusetts)

Schriro, Dora (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 28, 2021 Docket
5

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

Gomes v. Wolf

April 17, 2020 Complaint
14, 14-1, 14-2 & 14-3

Petitioners-Plaintiffs' Motion for Class Certification and Appointment of Class Counsel

Gomes v. Wolf

April 20, 2020 Pleading / Motion / Brief
7 & 7-1 to 7-5

Notice of Motion and Motion for Preliminary Injunction and Motion for Expedited Discovery

Gomes v. Wolf

April 20, 2020 Pleading / Motion / Brief
9 & 9-1

Notice of Motion and Emergency Motion for Expedited Bail Hearings for Plaintiffs and all Putative Class Members

Gomes v. Wolf

April 20, 2020 Pleading / Motion / Brief
50

Order

2020 WL 2113642

May 4, 2020 Order/Opinion
52

Order

May 4, 2020 Order/Opinion
123

Order

Gomes v. US Department of Homeland Security, Acting Secretary

460 F.Supp.3d 132, 2020 WL 2514541

May 14, 2020 Order/Opinion
154

Order on Medical Evidence

2020 WL 2605762

May 20, 2020 Order/Opinion
156

Order

2020 WL 2598180

May 21, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17070536/giotto-v-us-department-of-homeland-security-acting-secretary/

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

ECF Number Description Date Link
1

NEW CASE/PETITION FOR WRIT OF HABEAS CORPUS 2241/2254. (Filing fee $ 5, receipt number ANHDC-1964018.) filed by Robson Xavier Gomes. (Attachments: # 1 Exhibit 1, Declaration of Robert Greifinger, MD, # 2 Exhibit (Affidavit) 2, Affidavit of Bire Williams, M.D., # 3 Exhibit 3, Declaration of Susan Church, # 4 Exhibit 4, Civil Cover Sheet)(Newman, John) (Additional attachment(s) added on 4/15/2020: # 5 /s/ Civil Cover Sheet) (mc). (Entered: 04/15/2020)

5 /s/ Civil Cover Sheet

View on RECAP

April 15, 2020 PACER

Notice of Filing to USA - 2255/2241

April 15, 2020 PACER

Notice - ECF

April 15, 2020 PACER

Case Assigned

April 15, 2020 PACER

Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:20-cv-453-LM. Please show this number with the judge designation on all future pleadings. (mc)

April 15, 2020 PACER

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (mc)

April 15, 2020 PACER

NOTICE of Filing - Case filed under 28 U.S.C. 2241. A copy of the petition has been electronically sent via ECF to your office. No further action is required by the United States Attorney unless directed by the presiding judge.(mc)

April 15, 2020 PACER
2

ORDER Regarding Service and deadlines as outlined within. So Ordered by Magistrate Judge Andrea K. Johnstone.(de) (Entered: 04/15/2020)

April 15, 2020 PACER
3

NOTICE of Attorney Appearance by Nathan P. Warecki on behalf of Robson Xavier Gomes Attorney Nathan P. Warecki added to party Robson Xavier Gomes(pty:pla).(Warecki, Nathan) (Entered: 04/17/2020)

April 17, 2020 PACER
4

NOTICE of First Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 and Class Complaint for Declaratory and Injunctive Relief by Robson Xavier Gomes.(Warecki, Nathan) (Entered: 04/17/2020)

April 17, 2020 PACER
5

AMENDED COMPLAINT against All Defendants filed by Robson Xavier Gomes. (Attachments: # 1 Appendix Declaration of Nathan P. Warecki, Esq., # 2 Exhibit A to Warecki Dec. - Declaration of Dr. Marc Stern, # 3 Exhibit B to Warecki Dec. - Declaration of Dr. Jonathan Louis Golob, # 4 Exhibit C to Warecki Dec. - Affidavit of SangYeob Kim, Esq., # 5 Exhibit D to Warecki Dec. - Affidavit of Darwin Aliesky Cuesta-Rojas, # 6 Exhibit E to Warecki Dec. - Affidavit of Jose Nolberto Tacuri-Tacuri, # 7 Exhibit F to Warecki Dec. - Affidavit of Robson Xavier Gomes, # 8 Exhibit G to Warecki Dec. - Declaration of John Sandweg, Esq.)(Warecki, Nathan) (Entered: 04/17/2020)

April 17, 2020 PACER
6

NOTICE of Attorney Appearance by Gilles R. Bissonnette on behalf of Robson Xavier Gomes and Additional Petitioners Attorney Gilles R. Bissonnette added to party Robson Xavier Gomes(pty:pla).(Bissonnette, Gilles) (Entered: 04/17/2020)

April 17, 2020 PACER
7

MOTION for Preliminary Injunction and Motion for Expedited Discovery filed by Robson Xavier Gomes. HEARING REQUESTED.Follow up on Objection on 5/4/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit H - Declaration of Dora Schriro, # 3 Exhibit I - Affidavit of John Burlock, # 4 Exhibit J - Affidavit of Pedro Gonzalez Cuarca, # 5 Proposed Order)(Warecki, Nathan) (Entered: 04/20/2020)

April 20, 2020 PACER

Endorsed Order - not on motion

April 20, 2020 PACER

Hearing Notice

April 20, 2020 PACER
8

NOTICE of Attorney Appearance by W. Scott O'Connell on behalf of Robson Xavier Gomes and Additional Petitioners Attorney W. Scott O'Connell added to party Robson Xavier Gomes(pty:pla).(O'Connell, W.) (Entered: 04/20/2020)

April 20, 2020 PACER
9

Emergency MOTION Expedited Bail Hearings for Plaintiffs and all Putative Class Members filed by Robson Xavier Gomes. HEARING REQUESTED.Follow up on Objection on 5/4/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law)(Warecki, Nathan) (Entered: 04/20/2020)

April 20, 2020 PACER
10

NOTICE of Attorney Appearance by W. Daniel Deane on behalf of Robson Xavier Gomes and Additional Petitioners Attorney W. Daniel Deane added to party Robson Xavier Gomes(pty:pla).(Deane, W.) (Entered: 04/20/2020)

April 20, 2020 PACER
11

NOTICE of Attorney Appearance by Henry Klementowicz on behalf of Robson Xavier Gomes Attorney Henry Klementowicz added to party Robson Xavier Gomes(pty:pla).(Klementowicz, Henry) (Entered: 04/20/2020)

April 20, 2020 PACER
12

NOTICE of Attorney Appearance by David A. Vicinanzo on behalf of Robson Xavier Gomes and Additional Petitioners Attorney David A. Vicinanzo added to party Robson Xavier Gomes(pty:pla).(Vicinanzo, David) (Entered: 04/20/2020)

April 20, 2020 PACER
13

NOTICE of Attorney Appearance by Michael Strauss on behalf of Robson Xavier Gomes and Additional Petitioners Attorney Michael Strauss added to party Robson Xavier Gomes(pty:pla).(Strauss, Michael) (Entered: 04/20/2020)

April 20, 2020 PACER
14

MOTION to Certify Class and Appointment of Class Counsel filed by Robson Xavier Gomes.Follow up on Objection on 5/4/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit K - Declaration of Gilles Bissonnette, Esq., # 3 Exhibit L - Declaration of W. Scott O'Connell)(Warecki, Nathan) (Entered: 04/20/2020)

April 20, 2020 PACER
15

NOTICE of Attorney Appearance by Robert J. Rabuck on behalf of Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary Attorney Robert J. Rabuck added to party Immigration and Customs Enforcement, Acting Field Office Director(pty:dft), Attorney Robert J. Rabuck added to party US Department of Homeland Security, Acting Secretary(pty:dft).(Rabuck, Robert) (Entered: 04/20/2020)

April 20, 2020 PACER
16

NOTICE of Attorney Appearance by Terry L. Ollila on behalf of Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary Attorney Terry L. Ollila added to party Immigration and Customs Enforcement, Acting Field Office Director(pty:dft), Attorney Terry L. Ollila added to party US Department of Homeland Security, Acting Secretary(pty:dft).(Ollila, Terry) (Entered: 04/20/2020)

April 20, 2020 PACER
17

NOTICE of Attorney Appearance by Frances Susan Cohen on behalf of Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary Attorney Frances Susan Cohen added to party Immigration and Customs Enforcement, Acting Field Office Director(pty:dft), Attorney Frances Susan Cohen added to party US Department of Homeland Security, Acting Secretary(pty:dft).(Cohen, Frances) (Entered: 04/20/2020)

April 20, 2020 PACER

ENDORSED ORDER. Text of Order: In an Order dated April 15, 2020, Magistrate Judge Johnstone gave the respondents until April 22, 2020, at 5 p.m., to inform the court whether they oppose the release of Mr. Gomes pending the court's review of the merits of his habeas petition. If release is opposed, respondents must provide the grounds including if the petitioner has a violent criminal record and if the respondent disputes that the petitioner has a preexisting medical condition that renders him particularly vulnerable to the COVID-19 virus. Doc. no. 2. Since the April 15 Order, petitioner has enlarged his request and filed numerous pleadings, including an amended habeas petition and a class complaint seeking injunctive relief. See doc. nos. 5, 7, 9, & 14. There are two additional named petitioners and putative class representatives (Aliesky Cuesta-Rojas and Jose Nolberto Tacuri-Tacuri). The court now orders respondents to include the two new putative class representatives in their response regarding bail, which is currently due on April 22 at 5 p.m. A status conference to discuss procedural matters shall occur via telephone, with a court reporter, on Wednesday, April 22, 2020, at 2:30 p.m. Respondents shall file answers to the newly filed pleadings on or before April 29, 2020 (the same date ordered by Judge Johnstone). So Ordered by Chief Judge Landya B. McCafferty.(de)

April 20, 2020 PACER

NOTICE of Hearing. Telephone STATUS Conference set for 4/22/2020 at 02:30 PM before Chief Judge Landya B. McCafferty. (de)

April 20, 2020 PACER
18

NOTICE of Attorney Appearance by Ronald L. Abramson on behalf of Robson Xavier Gomes Attorney Ronald L. Abramson added to party Robson Xavier Gomes(pty:pla).(Abramson, Ronald) (Entered: 04/20/2020)

April 20, 2020 PACER
19

NOTICE of Attorney Appearance by Henry Clay Quillen on behalf of Robson Xavier Gomes, Darwin Aliesky Cuesta-Rojas, and Jose Nolberto Tacuri-Tacuri Attorney Henry Clay Quillen added to party Robson Xavier Gomes(pty:pla).(Quillen, Henry) (Entered: 04/21/2020)

April 21, 2020 PACER
20

MOTION for Laurel M. Gilbert to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1966796.) filed by Robson Xavier Gomes.Follow up on Objection on 5/5/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) A - Affidavit of Laurel M. Gilbert in Support of Motion for Admission Pro Hac Vice)(Warecki, Nathan) (Entered: 04/21/2020)

April 21, 2020 PACER

ENDORSED ORDER granting 20 Motion for for Laurel M. Gilbert to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Chief Judge Landya B. McCafferty.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(gla)

April 21, 2020 PACER
21

NOTICE of Potential Release of Named Petitioners by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Rabuck, Robert) (Entered: 04/22/2020)

April 22, 2020 PACER

Order on Motion to Appear Pro Hac Vice

April 22, 2020 PACER

Hearing Notice

April 22, 2020 PACER

Telephone Conference

April 22, 2020 PACER
22

NOTICE of Potential Release of Named Petitioners (replaces DN 21) by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Rabuck, Robert) (Entered: 04/22/2020)

April 22, 2020 PACER

Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. TELEPHONE STATUS CONFERENCE held on 4/22/2020. (Court Reporter: Liza Dubois) (Pltfs Atty: Nathan Warecki, Gilles Bissonnette, John Newman, W. Scott O'Connell, Laurel Gilbert) (Defts Atty: Frances Cohen, Robert Rabuck, Terry Ollila)(Total Hearing Time: 1 hour, 30 minutes) (de)

April 22, 2020 PACER

NOTICE of Hearing. Telephone Conference set for 4/23/2020 at 09:00 AM before Chief Judge Landya B. McCafferty. (de)

April 22, 2020 PACER
23

ORDER. On April 22, 2020, the court held a telephone hearing in this case. The court summarizes its holdings and sets deadlines as contained within this order. So Ordered by Chief Judge Landya B. McCafferty.(de) (Entered: 04/22/2020)

April 22, 2020 PACER

Motion Hearing

April 23, 2020 PACER

Terminate Deadlines PUBLIC

April 23, 2020 PACER

Endorsed Order - not on motion

April 23, 2020 PACER

ENDORSED ORDER. Text of Order: The parties have reached agreement on the disputed discovery requests. The hearing scheduled for 9 a.m. this morning is, therefore, no longer necessary and is cancelled. So Ordered by Chief Judge Landya B. McCafferty.(de)

April 23, 2020 PACER

Deadline terminated:Telephone Conference 04/23/2020 cancelled per endorsed order. (de)

April 23, 2020 PACER

NOTICE re: 9 Emergency MOTION Expedited Bail Hearings for Plaintiffs and all Putative Class Members. Motion Hearing via video conference set for 4/27/2020 at 02:30 PM before Chief Judge Landya B. McCafferty.(de)

April 23, 2020 PACER
24

NOTICE of Attorney Appearance by Laurel Gilbert on behalf of Robson Xavier Gomes Attorney Laurel Gilbert added to party Robson Xavier Gomes(pty:pet).(Gilbert, Laurel) (Entered: 04/23/2020)

April 23, 2020 PACER
25

STIPULATION re: Protective Order by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary (Attachments: # 1 Proposed Order)(Cohen, Frances) (Entered: 04/24/2020)

April 24, 2020 PACER
26

NOTICE of Status of Expedited Discovery Requests by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary. (Attachments: # 1 Exhibit Notice of Conventional Filing)(Cohen, Frances) (Additional attachment(s) added on 4/27/2020: # 2 Exhibit Spreadsheet - ICE Detainees at Strafford April 23, 2020) (de). (Entered: 04/24/2020)

April 24, 2020 PACER
27

Assented to MOTION TO SEAL AT LEVEL 1 THE ATTACHMENTS TO THE NOTICE OF STATUS OF EXPEDITED DISCOVERY REQUESTS filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(de) (Entered: 04/24/2020)

April 24, 2020 PACER

ENDORSED ORDER re: 25 Stipulation re: Protective Order. Text of Order: Approved. So Ordered by Chief Judge Landya B. McCafferty.(de)

April 24, 2020 PACER
33

STIPULATED PROTECTIVE ORDER. So Ordered by Chief Judge Landya B. McCafferty.(de) (Entered: 04/27/2020)

April 24, 2020 RECAP
28

RESPONSE re 23 Order filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary. (Cohen, Frances) (Entered: 04/25/2020)

April 25, 2020 PACER
29

Assented to MOTION to Supplement the Record filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances) (Entered: 04/26/2020)

April 26, 2020 PACER
30

AFFIDAVIT re 28 Response (not to Motion) of Alan Greenbaum filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary(Cohen, Frances) (Entered: 04/26/2020)

April 26, 2020 PACER
31

AFFIDAVIT re 28 Response (not to Motion) Declaration of Christopher Brackett filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary (Attachments: # 1 1 - 3/13/20 Memo from SCDC, # 2 2 - CDC Guidelines in English and Spanish, # 3 3 - Signs to Sleep Head to Toe, # 4 4 - 4/10/20 ICE Guidance on Covid-19, # 5 5 - CDC Interim Guidance dated 3/23/20)(Cohen, Frances) (Entered: 04/26/2020)

April 26, 2020 PACER
32

Emergency MOTION to Certify Class Provisional Certification of Class for Purposes of Medical Record Provision filed by Robson Xavier Gomes.Follow up on Objection on 5/11/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Warecki, Nathan) (Entered: 04/26/2020)

April 26, 2020 PACER

ENDORSED ORDER granting 27 Motion To Seal the Attachment to the Notice of Status of Expedited Discovery Requests. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(de)

April 26, 2020 PACER

Endorsed Order - not on motion

April 27, 2020 PACER

Order on Motion for Miscellaneous Relief

April 27, 2020 PACER

Order on Motion to Certify Class

April 27, 2020 PACER

Motion Hearing

April 27, 2020 PACER

ENDORSED ORDER granting 29 Assented to Motion to Supplement Record. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(de)

April 27, 2020 PACER

Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. MOTION HEARING held on 4/27/2020 re 9 Emergency MOTION Expedited Bail Hearings for Plaintiffs and all Putative Class Members. Order to issue. (Court Reporter: Liza Dubois) (Pltfs Atty: Nathan Warecki, Gilles Bissonnette, W. Scott O'Connell) (Defts Atty: Frances Cohen, Robert Rabuck)(Total Hearing Time: 1 hour, 50 minutes) (de)

April 27, 2020 PACER

ENDORSED ORDER denying as moot 32 Motion to Certify Class Provisional Certification of Class for Purposes of Medical Record Provision. Text of Order: For the reasons stated on the record at today's hearing, this motion is now moot and is therefore denied. So Ordered by Chief Judge Landya B. McCafferty.(de)

April 27, 2020 PACER
34

ORDER. On April 27, 2020, the court held a video hearing to give parties the opportunity to address the legal standards related to petitioners emergency motion for expedited bail hearings. Doc. no. 9. The court summarizes the governing principles and sets forth next steps and deadlines. So Ordered by Chief Judge Landya B. McCafferty.(de) (Entered: 04/27/2020)

April 27, 2020 RECAP
37

Returns of Service Executed as to Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary. Served on 4/23/2020, 4/24/2020. (Attachments: # 1 Green card for US Atty General)(de) (Entered: 04/29/2020)

April 27, 2020 PACER

Hearing Notice

April 28, 2020 PACER

NOTICE of Hearing. Evidentiary Hearing set for 5/1/2020 at 10:00 AM via video conference before Chief Judge Landya B. McCafferty.(de)

April 28, 2020 PACER
35

Assented to MOTION for David Fathi to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1970384.) filed by Robson Xavier Gomes. (Attachments: # 1 Exhibit (Affidavit) A - Affidavit of David Fathi in Support of Motion for Admission Pro Hac Vice)(Warecki, Nathan) (Entered: 04/28/2020)

April 28, 2020 PACER
36

Assented to MOTION for Eunice Cho to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1970385.) filed by Robson Xavier Gomes. (Attachments: # 1 Exhibit (Affidavit) A - Affidavit of Eunice Cho in Support of Motion for Admission Pro Hac Vice)(Warecki, Nathan) (Entered: 04/28/2020)

April 28, 2020 PACER
38

US Marshal Service of Process re: served on 4/20/2020 on Superintendent Brackett, SCDOC.(de) (Entered: 04/29/2020)

April 28, 2020 PACER

Order on Motion to Appear Pro Hac Vice

April 29, 2020 PACER

ENDORSED ORDER granting 35 Motion for David Fathi to Appear Pro Hac Vice; granting 36 Motion for Eunice Cho to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Chief Judge Landya B. McCafferty.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(gla)

April 29, 2020 PACER
39

STATUS REPORT by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary : Federal Respondents' Weekly Status Report(Ollila, Terry) (Entered: 04/29/2020)

April 29, 2020 PACER
40

Supplemental Declaration of Superintendent Christopher Brackett by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary(Ollila, Terry) (Entered: 04/29/2020)

April 29, 2020 PACER
41

Assented to MOTION for Michael Tan to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1970760.) filed by Robson Xavier Gomes.(Bissonnette, Gilles) (Entered: 04/29/2020)

April 29, 2020 PACER
42

Assented to MOTION for OMAR C. JADWAT to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1970766.) filed by Robson Xavier Gomes.(Bissonnette, Gilles) (Entered: 04/29/2020)

April 29, 2020 PACER
43

Assented to MOTION to Extend Time to Object/Respond to 5 Amended Complaint,, to May 7, 2020 filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances) (Entered: 04/29/2020)

April 29, 2020 PACER

ENDORSED ORDER granting 43 Motion to Extend Time to Object/Respond to 5 Amended Complaint. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.Follow up on Objection on 5/7/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(gla)

April 29, 2020 PACER
44

NOTICE of Petitioners' Supplemental Authority by Robson Xavier Gomes. (Attachments: # 1 Exhibit A: Zepeda Rivas v. Jennings, 20-cv-02731 Order (Apr. 29, 2020))(Warecki, Nathan) (Entered: 04/30/2020)

April 30, 2020 PACER

Order on Motion to Extend Time to Object/Respond

April 30, 2020 PACER

Order on Motion to Appear Pro Hac Vice

April 30, 2020 PACER
45

Assented to MOTION for Marx P. Calderon to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1971332.) filed by Robson Xavier Gomes. (Attachments: # 1 Exhibit (Affidavit))(Warecki, Nathan) (Entered: 04/30/2020)

April 30, 2020 PACER
46

Assented to MOTION for Colin T. Missett to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1971334.) filed by Robson Xavier Gomes. (Attachments: # 1 Exhibit (Affidavit))(Warecki, Nathan) (Entered: 04/30/2020)

April 30, 2020 PACER

ENDORSED ORDER granting 42 Motion for Omar C. Jadwat to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Chief Judge Landya B. McCafferty.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(gla)

April 30, 2020 PACER

ENDORSED ORDER granting 41 Motion for Michael Tan to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Chief Judge Landya B. McCafferty.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(gla)

April 30, 2020 PACER
47

JOINT STATEMENT OF MATERIAL FACTS by Robson Xavier Gomes(Bissonnette, Gilles) (Entered: 04/30/2020)

April 30, 2020 PACER
48

ORDER Re: Public Access Findings. So Ordered by Chief Judge Landya B. McCafferty.(de) (Entered: 05/01/2020)

May 1, 2020 PACER

Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. EVIDENTIARY HEARING held on 5/1/2020. Witnessess Appearing: Superintendent Christopher Brackett; Bairon Monroy Rosales; Robson Xavier Gomes; Rommel Chavez. ORAL ORDER issued as to most vulnerable and high risk detainees as stated on the record at today's hearing - bail hearings to begin on May 4, 2020 (11:00 a.m., 2:00 p.m., and 3:30 p.m.). Counsel to identify the 3 individuals for bail hearings and notify the clerk's office. FURTHER WRITTEN ORDER TO ISSUE. (Court Reporter: Liza Dubois (AM/Part 1); Brenda Hancock (PM/Part 2)) (Pltfs Atty: Nathan Warecki, Gilles Bissonnette, John Newman) (Defts Atty: Frances Cohen, Robert Rabuck, Terry Ollila)(Total Hearing Time: 7 hours, 15 minutes) (Total Hearing Time: 7 hours, 15 minutes) (de)

May 1, 2020 PACER

Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. EVIDENTIARY HEARING held on 5/1/2020. Witnessess Appearing: Superintendent Christopher Brackett; Bairon Monroy Rosales (Interpreter Margarita Cardenas sworn); Robson Xavier Gomes; Rommel Chavez. ORAL ORDER issued as to most vulnerable and high risk detainees as stated on the record at today's hearing - bail hearings to begin on May 4, 2020 (11:00 a.m., 2:00 p.m., and 3:30 p.m.). Counsel to identify the 3 individuals for bail hearings and notify the clerk's office. FURTHER WRITTEN ORDER TO ISSUE. (Court Reporter: Liza Dubois (AM/Part 1); Brenda Hancock (PM/Part 2)) (Pltfs Atty: Nathan Warecki, Gilles Bissonnette, John Newman) (Defts Atty: Frances Cohen, Robert Rabuck, Terry Ollila)(Total Hearing Time: 7 hours, 15 minutes) (Total Hearing Time: 7 hours, 15 minutes) (de) Modified on 5/5/2020 to add: interpreter information (de).

May 1, 2020 PACER
49

NOTICE of Attorney Appearance by SangYeob Kim on behalf of Robson Xavier Gomes Attorney SangYeob Kim added to party Robson Xavier Gomes(pty:pet).(Kim, SangYeob) (Entered: 05/02/2020)

May 2, 2020 PACER

Evidentiary Hearing

May 2, 2020 PACER

Hearing Notice

May 2, 2020 PACER

NOTICE of Hearing. Bail Hearing for detainee (to be determined) set for 5/4/2020 at 11:00 AM via video conference before Chief Judge Landya B. McCafferty.(de)

May 2, 2020 PACER

Hearing Notice

May 3, 2020 PACER

NOTICE of Hearing. Bail Hearing for detainee (to be determined) set for 5/4/2020 at 02:00 PM via video conference before Chief Judge Landya B. McCafferty.(de)

May 3, 2020 PACER

NOTICE of Hearing. Bail Hearing for detainee (to be determined) set for 5/4/2020 at 03:30 PM via video conference before Chief Judge Landya B. McCafferty.(de)

May 3, 2020 PACER

Hearing Notice

May 4, 2020 PACER

Telephone Conference

May 4, 2020 PACER

Terminate Deadlines PUBLIC

May 4, 2020 PACER

State / Territory: New Hampshire

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Post-WalMart decisions on class certification

Key Dates

Filing Date: April 15, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Civil immigration detainees on behalf of a certified class consisting of "all individuals who are now held in civil immigration detention at [the Strafford County Department of Corrections]."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Acting Secretary of the Department of Homeland Security, Federal

Acting Director of Immigration and Customs Enforcement, Federal

Superintendent of Strafford County Department of Corrections, County

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)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Classification / placement

Conditions of confinement

Habeas Corpus

Placement in detention facilities

Sanitation / living conditions

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - criteria

Undocumented immigrants - rights and duties