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Case: Umarbaev v. Moore

3:20-cv-01279 | U.S. District Court for the Northern District of Texas

Filed Date: May 15, 2020

Closed Date: Jan. 21, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a lawsuit regarding the conditions at the Prarieland Detention Center in Texas. Eleven immigration detainees requested a temporary restraining order in May 2020, which was denied by the court. The detainees filed an interlocutory appeal, which they subsequently moved to dismiss in January 2021. On May 15, 2020, eleven immigration detainees at high risk for COVID-19 or who had already tested positive for COVID-19 filed this lawsuit against two Immigration and Customs En…

COVID-19 Summary: This is a lawsuit regarding the conditions at the Prarieland Detention Center in Texas. Eleven immigration detainees requested a temporary restraining order in May 2020, which was denied by the court. The detainees filed an interlocutory appeal, which they subsequently moved to dismiss in January 2021.


On May 15, 2020, eleven immigration detainees at high risk for COVID-19 or who had already tested positive for COVID-19 filed this lawsuit against two Immigration and Customs Enforcement officials, the warden of the Prarieland Detention Center (PDC), and the acting director of Homeland Security in the U.S. District Court for the Northern District of Texas. Represented by the Immigrant Rights Clinic at Texas A&M School of Law, Refugee & Immigrant Center for Education and Legal Services, and Loevy & Loevy, the plaintiffs sought writs of habeas corpus under 28 U.S.C. § 2241, as well as declaratory and injunctive relief. The plaintiffs also filed a motion for temporary restraining order on the same day. The case was assigned to Judge Jane J. Boyle and Magistrate Judge David L. Horan.

The detainees alleged that, in light of the COVID-19 pandemic, their continued detention violated their Fifth Amendment rights to due process, and they therefore sought release from PDC. The court separated each of the detainees' cases into separate lawsuits, and three of three of the detainees voluntarily dismissed their claims on May 27, 2020, after their release from detention. Two days later, the remaining detainees filed a consolidated reply to the motion for temporary restraining order.

Following a hearing, on June 6, Judge Boyle denied the plaintiffs' requests for release and dismissed the case for lack of jurisdiction. 2020 WL 3051448. The court found that habeas relief was not appropriate, since the detainees were not alleging that their detainment was unlawful. Judge Boyle reasoned that, at the time of this opinion, the U.S. Supreme Court had not ruled on whether conditions of confinement claims could be brought in a petition of habeas corpus. However, the court noted that the detainees could challenge the conditions of their confinement under the Administrative Procedure Act (APA).

The plaintiffs then filed an interlocutory appeal to the Fifth Circuit Court on July 28 (Docket no. 20-10781). However, the plaintiffs filed a motion to dismiss the appeal on January 15, 2021, which the court granted.

The Clearinghouse does not have access to many of the documents in this case at this time, however, the case is believed to now be closed with no further docket entries.

Summary Authors

Zofia Peach (3/3/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17172572/parties/umarbaev-v-moore/


Judge(s)

Boyle, Jane J. (Texas)

Horan, David L (Texas)

Attorneys(s) for Plaintiff

Ashai, Sehla (Texas)

Govindaiah, Manoj (Texas)

Marouf, Fatma E. (Texas)

Pierce, Megan (Illinois)

Rauscher, Scott (Illinois)

Spence, Renee (Illinois)

Attorneys(s) for Defendant

Cruce-Haag, Ann (Texas)

Padis, George M (Texas)

Judge(s)

Boyle, Jane J. (Texas)

Horan, David L (Texas)

Attorneys(s) for Plaintiff

Ashai, Sehla (Texas)

Govindaiah, Manoj (Texas)

Marouf, Fatma E. (Texas)

Pierce, Megan (Illinois)

Rauscher, Scott (Illinois)

Spence, Renee (Illinois)

Attorneys(s) for Defendant

Cruce-Haag, Ann (Texas)

Padis, George M (Texas)

Stoltz, Brian Walters (Texas)

Documents in the Clearinghouse

Document

3:20-cv-01279

0:20-10781

Docket [PACER]

Jan. 15, 2021

Jan. 15, 2021

Docket
34

3:20-cv-01279

Memorandum Opinion and Order

June 6, 2020

June 6, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17172572/umarbaev-v-moore/

Last updated Sept. 1, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

PETITION FOR WRIT OF HABEAS CORPUS AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF filed by Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kanat Umarbaev, Alfredo Hechavarria Fonteboa, Osita Nwolisa, Edgar Haro Osuna, Kirk Golding, Jane Doe, Juan Francisco Portillo Hernandez, Lee Alejandro Espinoza Urbina, Behzad Jalili. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $5; receipt number 0539-10843546) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet Civil Cover Sheet, # 2 Exhibit(s) Appendix) (Marouf, Fatma) Modified title on 5/18/2020 (ctf). (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
2

MOTION for Leave to File Oversized Brief in Support of Temporary Restraining Order filed by Jane Doe, Lee Alejandro Espinoza Urbina, Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kirk Golding, Edgar Haro Osuna, Alfredo Hechavarria Fonteboa, Behzad Jalili, Osita Nwolisa, Juan Francisco Portillo Hernandez, Kanat Umarbaev with Brief/Memorandum in Support. (Marouf, Fatma) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
3

Memorandum in Support of Motion for Temporary Restraining Order filed by Osita Nwolisa, Juan Francisco Portillo Hernandez, Kanat Umarbaev with Brief/Memorandum in Support. (Marouf, Fatma) Modified title on 5/18/2020 (ctf). (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
5

MOTION for Temporary Restraining Order (please see doc. 1 for image) filed by Jane Doe, Lee Alejandro Espinoza Urbina, Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kirk Golding, Edgar Haro Osuna, Alfredo Hechavarria Fonteboa, Behzad Jalili, Osita Nwolisa, Juan Francisco Portillo Hernandez, Kanat Umarbaev. (ctf) (Entered: 05/18/2020)

May 15, 2020

May 15, 2020

PACER
6

New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter/electronically. No prior sanctions found. (For court use only - links to the national and circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ctf) (Entered: 05/18/2020)

May 15, 2020

May 15, 2020

PACER
4

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jane Doe, Lee Alejandro Espinoza Urbina, Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kirk Golding, Edgar Haro Osuna, Alfredo Hechavarria Fonteboa, Behzad Jalili, Osita Nwolisa, Juan Francisco Portillo Hernandez, Kanat Umarbaev. (Marouf, Fatma) (Entered: 05/17/2020)

May 17, 2020

May 17, 2020

PACER
7

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10845468) filed by Jane Doe, Lee Alejandro Espinoza Urbina, Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kirk Golding, Edgar Haro Osuna, Alfredo Hechavarria Fonteboa, Behzad Jalili, Osita Nwolisa, Juan Francisco Portillo Hernandez, Kanat Umarbaev (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order) (Govindaiah, Manoj) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
8

AMENDED DOCUMENT, Brief/Memorandum in Support of Motion for Temporary Restraining Order, by Jane Doe, Lee Alejandro Espinoza Urbina, Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kirk Golding, Edgar Haro Osuna, Alfredo Hechavarria Fonteboa, Behzad Jalili, Osita Nwolisa, Juan Francisco Portillo Hernandez, Kanat Umarbaev. (Marouf, Fatma) Modified text on 5/19/2020 (mla). (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
9

ORDER REQUIRING EXPEDITED RESPONSE, ALLOWING EXPEDITED REPLY, SEVERING PETITIONERS, AND CONSOLIDATING FOR PRETRIAL MANAGEMENT. The clerk has served this order and will regenerate notice of the petition and supporting documents to the designated Assistant US Attorney. Expedited Response due by 5/26/2020. Expedited Replies due by 5/29/2020. The petitions of the remaining ten habeas applicants are SEVERED into separate actions as to each petitioner, with a new cause number being assigned to each petitioner. The $5.00 filing fee for each new action shall be paid by 5/26/2020. But all eleven actions are consolidated for purposes of pretrial management. (Civil cases 3:20-cv-1291-B, 3:20-cv-1292-B, 3:20-cv-1293-B, 3:20-cv-1294-B, 3:20-cv-1295-B, 3:20-cv-1296-B, 3:20-cv-1297-B, 3:20-cv-1298-B, 3:20-cv-1299-B, 3:20-cv-1300-B opened). (Ordered by Judge Jane J. Boyle on 5/19/2020) (axm) Modified text on 5/19/2020 (axm). (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
10

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10848653) filed by Jane Doe, Lee Alejandro Espinoza Urbina, Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kirk Golding, Edgar Haro Osuna, Alfredo Hechavarria Fonteboa, Behzad Jalili, Osita Nwolisa, Juan Francisco Portillo Hernandez, Kanat Umarbaev (Attachments: # 1 Exhibit(s) Letter of Good Standing, # 2 Proposed Order Granting Admission PHV) (Rauscher, Scott) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
11

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10848766) filed by Jane Doe, Lee Alejandro Espinoza Urbina, Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kirk Golding, Edgar Haro Osuna, Alfredo Hechavarria Fonteboa, Behzad Jalili, Osita Nwolisa, Juan Francisco Portillo Hernandez, Kanat Umarbaev (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order Granting Admission PHV) (Spence, Renee) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
12

Notice of Substitution of Counsel by AUSA. Brian Walters Stoltz-DOJ added as AUSA. (Stoltz-DOJ, Brian) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
13

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10852436) filed by Kanat Umarbaev (Attachments: # 1 Proposed Order Proposed Order, # 2 Additional Page(s) Certificate of Good Standing) (Ashai, Sehla) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
14

Unopposed MOTION for Leave to File 44-Page Consolidated Response filed by Matthew T Albence, Jimmy Johnson, Marc J Moore, Chad Wolf with Brief/Memorandum in Support. (Attachments: # 1 Consolidated Response to Petitions for Writs of Habeas Corpus and Motions for Temporary Restraining Order) (Stoltz-DOJ, Brian) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
15

(Document Restricted) Unopposed Motion for Leave to File Appendix Under Seal (Sealed pursuant to motion to seal) filed by Matthew T Albence, Jimmy Johnson, Marc J Moore, Chad Wolf (Attachments: # 1 Appendix to Consolidated Response (to be filed under seal)) (Stoltz-DOJ, Brian) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
16

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Matthew T Albence, Jimmy Johnson, Marc J Moore, Chad Wolf. (Stoltz-DOJ, Brian) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
17

NOTICE of Attorney Appearance by George M Padis on behalf of Matthew T Albence, Jimmy Johnson, Marc J Moore, Chad Wolf. (Filer confirms contact info in ECF is current.) (Padis, George) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
18

ORDER granting 7, 10, 11, 13 Applications for Admission Pro Hac Vice Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Jane J. Boyle on 5/27/2020) (svc) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

RECAP
19

(Document Restricted) Appendix filed by Matthew T Albence, Jimmy Johnson, Marc J Moore (svc) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
20

NOTICE of Dismissal - Notice of Voluntary Dismissal of Claims By Petitioners Alfredo Hechavarria Fonteboa, Behzad Jalili, and Osita Nwolisa only filed by Alfredo Hechavarria Fonteboa, Behzad Jalili, Osita Nwolisa (Rauscher, Scott) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER

ORDER Granting 14 Motion for Leave to File; granting sealed and/or ex parte 15 motion. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) See 18 for order. (Ordered by Judge Jane J. Boyle on 5/27/2020) (svc)

May 27, 2020

May 27, 2020

PACER
21

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10870630) filed by Jane Doe, Lee Alejandro Espinoza Urbina, Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kirk Golding, Edgar Haro Osuna, Alfredo Hechavarria Fonteboa, Behzad Jalili, Osita Nwolisa, Juan Francisco Portillo Hernandez, Kanat Umarbaev (Attachments: # 1 Exhibit(s) (Certificate of Good Standing), # 2 Proposed Order Granting Admission PHV) (Pierce, Megan) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
22

REPLY filed by Jane Doe, Lee Alejandro Espinoza Urbina, Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kirk Golding, Edgar Haro Osuna, Juan Francisco Portillo Hernandez, Kanat Umarbaev re: 3 MOTION for Temporary Restraining Order, 5 MOTION for Temporary Restraining Order (Rauscher, Scott) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
23

Appendix in Support filed by Jane Doe, Lee Alejandro Espinoza Urbina, Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kirk Golding, Edgar Haro Osuna, Juan Francisco Portillo Hernandez, Kanat Umarbaev re 22 Reply, (Rauscher, Scott) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
24

Unopposed MOTION for Leave to File Oversized Reply Brief in support of Motion for Temporary Restraining Order filed by Jane Doe, Lee Alejandro Espinoza Urbina, Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kirk Golding, Edgar Haro Osuna, Juan Francisco Portillo Hernandez, Kanat Umarbaev (Rauscher, Scott) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
25

ELECTRONIC Notice of Hearing: Motion hearing on Petitioners' Motion for Temporary Restraining Order to be held via teleconference on 6/4/2020 at 10:00 AM before Judge Jane J. Boyle. (chmb) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
26

(Document Restricted) Petitioners' Unopposed Motion for Leave to File Supplemental Appendix Under Seal (Sealed pursuant to motion to seal) filed by Jane Doe, Lee Alejandro Espinoza Urbina, Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kirk Golding, Edgar Haro Osuna, Juan Francisco Portillo Hernandez, Kanat Umarbaev (Attachments: # 1 Supplemental Appendix) (Marouf, Fatma) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
27

Unopposed MOTION for Leave to File Supplement to Consolidated Response to Petitions for Writs of Habeas Corpus and Motions for Temporary Restraining Order filed by Matthew T Albence, Jimmy Johnson, Marc J Moore, Chad Wolf with Brief/Memorandum in Support. (Attachments: # 1 Supplement to Consolidated Response to Petitions for Writs of Habeas Corpus and Motions for Temporary Restraining Order) (Stoltz-DOJ, Brian) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
28

ELECTRONIC ORDER granting 24 Motion for Leave to File. (Ordered by Judge Jane J. Boyle on 6/4/2020) (Judge Jane J. Boyle) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
30

ELECTRONIC ORDER granting 27 Motion for Leave to File. (Ordered by Judge Jane J. Boyle on 6/4/2020) (Judge Jane J. Boyle) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
31

ELECTRONIC ORDER granting 21 Application for Admission Pro Hac Vice of Megan Pierce. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Jane J. Boyle on 6/4/2020) (chmb) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
32

(Document Restricted) Sealed Supplemental Appendix in Support re: 1 Petition for Writ of Habeas Corpus and Motions for Temporary Restraining Order filed by Jane Doe, Lee Alejandro Espinoza Urbina, Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kirk Golding, Edgar Haro Osuna, Juan Francisco Portillo Hernandez, Kanat Umarbaev. (ndt) Modified on text and linkage 6/8/2020 (axm). (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
33

ELECTRONIC Minute Entry for proceedings held before Judge Jane J. Boyle: Telephonic Motion Hearing held on 6/4/2020 re 5 MOTION for Temporary Restraining Order filed by Kanat Umarbaev, Jane Doe, Lee Alejandro Espinoza Urbina, Alfredo Hechavarria Fonteboa, Kirk Golding, Behzad Jalili, Juan Francisco Portillo Hernandez, Edgar Haro Osuna, Osita Nwolisa, Patricia Esteban Ramon, Enmanuel Figueroa Ramos. Order to follow. Attorney Appearances: Plaintiff - Renee Spence; Sehla Ashai; Fatma E Marouf; Manoj Govindaiah; Megan Pierce; Scott Randal Rauscher; Defense - George M Padis and Brian Walters Stoltz. (Court Reporter: Shawnie Archuleta) (No exhibits) Time in Court - 1:51. (chmb) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
34

MEMORANDUM OPINION AND ORDER denying re: 1 Motion for Temporary Restraining Order. The Court must DENY the motion for TRO and, for the same reasons, must also DENY their requests for release and DISMISS this action. (Ordered by Judge Jane J. Boyle on 6/6/2020) (axm) (Entered: 06/08/2020)

June 6, 2020

June 6, 2020

RECAP
35

NOTICE OF INTERLOCUTORY APPEAL to the Fifth Circuit by Jane Doe, Lee Alejandro Espinoza Urbina, Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kirk Golding, Edgar Haro Osuna, Juan Francisco Portillo Hernandez, Kanat Umarbaev. Filing fee $505, receipt number 0539-11031394. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Rauscher, Scott) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER

USCA Case Number 20-10781 in USCA5 for 35 Notice of Appeal filed by Lee Alejandro Espinoza Urbina, Enmanuel Figueroa Ramos, Jane Doe, Juan Francisco Portillo Hernandez, Edgar Haro Osuna, Patricia Esteban Ramon, Kanat Umarbaev, Kirk Golding. (svc)

Aug. 7, 2020

Aug. 7, 2020

PACER
36

Transcript Order Form: re 35 Notice of Appeal,,,, transcript requested by Jane Doe, Lee Alejandro Espinoza Urbina, Patricia Esteban Ramon, Enmanuel Figueroa Ramos, Kirk Golding, Edgar Haro Osuna, Alfredo Hechavarria Fonteboa, Behzad Jalili, Osita Nwolisa, Juan Francisco Portillo Hernandez, Kanat Umarbaev for Hearing on Motion for Temporary Restraining Order held 6/4/2020 (Court Reporter: Shawnie Archuleta.) Payment method: Private Funds - Requester has paid or will pay as directed by the reporter. Reminder to appellant: this document must also be filed with the appeals court. (Rauscher, Scott) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
37

Received letter from USCA5: NO COURT REPORTER ACKNOWLEDGMENT RECEIVED for Ms. Shawnie Archuleta. Transcript Order: Court Reporter: Shawnie Archuleta. (svc) (Entered: 09/04/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
38

Notice of Filing of Official Electronic Transcript of Motions Hearing Proceedings held on June 4, 2020 before Judge Jane J. Boyle. Court Reporter/Transcriber Shawnie Archuleta, Telephone number shawnie505@aol.com. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. ยง 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (91 pages) Redaction Request due 10/6/2020. Redacted Transcript Deadline set for 10/16/2020. Release of Transcript Restriction set for 12/14/2020. (spa) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER

Record on Appeal for USCA5 20-10781 (related to 35 appeal): Record consisting of: 15 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (svc)

Oct. 6, 2020

Oct. 6, 2020

PACER
39

CLERK'S ORDER of USCA: Under Fed. R. App. P. 42(b), the appeal is dismissed pursuant to appellant's motion as to 35 Notice of Appeal filed by Lee Alejandro Espinoza Urbina, Enmanuel Figueroa Ramos, Jane Doe, Juan Francisco Portillo Hernandez, Edgar Haro Osuna, Patricia Esteban Ramon, Kanat Umarbaev, Kirk Golding. (svc) (Entered: 01/19/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER

Civil Case Terminated. (svc)

Sept. 14, 2021

Sept. 14, 2021

PACER

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 15, 2020

Closing Date: Jan. 21, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Eleven immigration detainees at high risk for COVID-19 or who had already tested positive for COVID-19

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Loevy & Loevy

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Dallas Field Office Director (Dallas, Dallas), Federal

Warden (Alvarado, Dallas), Federal

Deputy Director (Washington), Federal

Acting Secretary (Washington), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Confinement/isolation

Habeas Corpus

Placement in detention facilities

Sanitation / living conditions

Totality of conditions

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Detention - conditions