Case: N.S. v. Hughes

1:20-cv-00101 | U.S. District Court for the District of District of Columbia

Filed Date: Jan. 14, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a class action lawsuit about the legality of the policies and practices of the U.S. Marshals Service (USMS). On January 14, 2020, an individual detained by USMS filed this lawsuit in the Superior Court for the District of Columbia. The plaintiff sued the U.S. Marshal for the District of Columbia Superior Court under the Administrative Procedure Act (APA) (5 U.S.C. §§ 551 et seq.) and 28 U.S.C. § 2241. Represented by a public defender, the plaintiff sought declaratory, injunctive, and ha…

This is a class action lawsuit about the legality of the policies and practices of the U.S. Marshals Service (USMS). On January 14, 2020, an individual detained by USMS filed this lawsuit in the Superior Court for the District of Columbia. The plaintiff sued the U.S. Marshal for the District of Columbia Superior Court under the Administrative Procedure Act (APA) (5 U.S.C. §§ 551 et seq.) and 28 U.S.C. § 2241. Represented by a public defender, the plaintiff sought declaratory, injunctive, and habeas relief. The case was assigned to Judge Royce C. Lamberth.

The plaintiff alleged that USMS officers exceeded their statutory authority by unlawfully detaining individuals, who were ordered to be released by a Superior Court judge or whose cases the U.S. Attorney’s Office declined to prosecute, on the grounds that they violated civil immigration statutes. Under the Immigration and Nationality Act (INA), only certain law enforcement agencies with expertise in immigration law, not including USMS, can enforce civil immigration law, such as by making warrantless arrests and detaining individuals suspected of civil immigration violations. USMS was limited to obeying, executing, and enforcing all orders of the courts, including the U.S District Courts.

On the date of the filing of the lawsuit, the plaintiff moved for a preliminary injunction and to certify a class. On March 26, 2020, the National Immigrant Justice Center and the District of Columbia entered amicus briefs on behalf of the plaintiff.

On May 7, 2020, the court preliminarily enjoined USMS from seizing individuals for suspected civil immigration violations, and certified the plaintiff class as “all indigent criminal defendants in the Superior Court for the District of Columbia: (1) who were, are, or will be detained by officers of the United States Marshals Service for suspected civil immigration violations, and (2) as to whom Immigration and Customs Enforcement has not effectuated a warrant of removal/deportation (a form I-205) and/or has not obtained an order of deportation or removal.” 335 F.R.D 337.

On June 4, 2020, USMS moved for reconsideration of the opinion, citing for the first time a nonpublic, unpublished 2002 Order of the Attorney General that purportedly authorized USMS to carry out civil immigration arrests. On July 24, 2020, the court denied USMS’ request for reconsideration, stating that USMS failed to provide the 2002 order at the appropriate time and that the order was facially invalid under the APA. 2020 WL 4260739.

On September 28, 2020, the plaintiffs moved to clarify the order granting a preliminary injunction and certifying the class. USMS responded to the motion on October 23, 2020, and the plaintiff’s response is due by November 6, 2020.

This case is ongoing.

Summary Authors

Zofia Peach (10/29/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16696611/parties/ns-v-hughes/


Judge(s)

Lamberth, Royce C. (District of Columbia)

Attorney for Plaintiff

Marcus, Steven D (District of Columbia)

Attorney for Defendant

Hudak, Brian P. (District of Columbia)

Tepe, Sean Michael (District of Columbia)

Expert/Monitor/Master/Other

Lake, James Graham (District of Columbia)

Documents in the Clearinghouse

Documents in this case

1:20-cv-00101

Docket [PACER]

Oct. 28, 2020

Oct. 28, 2020

Docket
3

1:20-cv-00101

Class Action Complaint for Declaratory and Injunctive Relief

Jan. 14, 2020

Jan. 14, 2020

Complaint
39

1:20-cv-00101

Memorandum Opinion

May 7, 2020

May 7, 2020

Order/Opinion

335 F.R.D. 337

40

1:20-cv-00101

Order

May 7, 2020

May 7, 2020

Order/Opinion
50

1:20-cv-00101

Memorandum Opinion

July 24, 2020

July 24, 2020

Order/Opinion

2020 WL 4260739

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16696611/ns-v-hughes/

Last updated June 27, 2026, 6:25 a.m.

Docket for: N.S. v. HUGHES
ECF Number Date Description Link
1 Jan. 14, 2020

MOTION to Proceed Under Pseudonym by N.S. (jf) (Entered: 01/15/2020)

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2 Jan. 14, 2020

ORDER granting 1 Motion for Leave to Proceed Under Pseudonym. Signed by Chief Judge Beryl A. Howell on 01/14/2020. (See Order for Full Detail) (jf) (Entered: 01/15/2020)

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3 Jan. 14, 2020

COMPLAINT against MICHAEL A. HUGHES ( Filing fee $ 400, receipt number 4616102089) filed by N.S. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet, # 3 Sealed Complaint) (jf). (Entered: 01/15/2020)

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4 Jan. 14, 2020

MOTION for Preliminary Injunction by N.S. (Attachments: # 1 Text of Proposed Order)(jf) (Entered: 01/15/2020)

1 Text of Proposed Order

View on PACER

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5 Jan. 14, 2020

MOTION to Certify Class by N.S. (Attachments: # 1 Text of Proposed Order)(jf) (Entered: 01/15/2020)

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Jan. 14, 2020

Summons (1) Issued as to MICHAEL A. HUGHES. (jf)

6 Jan. 15, 2020

REQUEST FOR SUMMONS TO ISSUE filed by N.S..(Marcus, Steven) (Entered: 01/15/2020)

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Jan. 15, 2020

Summons Issued

7 Jan. 16, 2020

SUMMONS (1) Issued Electronically as to U.S. Attorney General. (Attachment: # 1 Notice and Consent) (ztth) (Entered: 01/16/2020)

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8 Jan. 16, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MICHAEL A. HUGHES served on 1/15/2020 (Marcus, Steven) (Entered: 01/16/2020)

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9 Jan. 16, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/16/2020. Answer due for ALL FEDERAL DEFENDANTS by 3/16/2020. (Marcus, Steven) (Entered: 01/16/2020)

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10 Jan. 17, 2020

NOTICE of Appearance by Johnny Hillary Walker, III on behalf of MICHAEL A. HUGHES (Walker, Johnny) (Entered: 01/17/2020)

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11 Jan. 21, 2020

Joint MOTION for Scheduling Order by N.S. (Attachments: # 1 Text of Proposed Order)(Marcus, Steven) Modified event on 1/27/2020 (znmw). (Entered: 01/21/2020)

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12 Jan. 22, 2020

SEALED DOCUMENT filed by N.S.(This document is SEALED and only available to authorized persons.)(Marcus, Steven) (Entered: 01/22/2020)

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13 Jan. 27, 2020

ORDER granting 11 Joint Motion for Scheduling Order. Defendant shall respond to plaintiff's motion for a preliminary injunction no later than 02/10/2020. Plaintiff shall reply no later than 02/14/2020. Defendant's time to respond to plaintiff's motion to certify a class is hereby stayed pending further order of the Court. The parties shall propose a briefing schedule on plaintiff's motion to certify a class within 5 days of the close of briefing on plaintiff's motion for a preliminary injunction. Signed by Judge Royce C. Lamberth on 01/27/2020. (lcrcl3) (Entered: 01/27/2020)

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Jan. 28, 2020

Set/Reset Deadlines

Jan. 28, 2020

Set/Reset Deadlines: Responses due by 2/10/2020. Replies due by 2/14/2020. (lsj)

14 Jan. 31, 2020

MOTION for Discovery by N.S. (Attachments: # 1 Text of Proposed Order)(Marcus, Steven) (Entered: 01/31/2020)

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15 Feb. 10, 2020

ERRATA Clarification to Motion to Proceed Under Pseudonym by N.S. 1 MOTION to Proceed Under Pseudonym filed by N.S.. (Marcus, Steven) (Entered: 02/10/2020)

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16 Feb. 10, 2020

Memorandum in opposition to re 4 MOTION for Preliminary Injunction filed by MICHAEL A. HUGHES. (Attachments: # 1 Exhibit 1: USMS (D.C. Superior Court), Cellblock Standard Operating Procedures (Oct. 1, 2019))(Walker, Johnny) (Entered: 02/10/2020)

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17 Feb. 10, 2020

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by MICHAEL A. HUGHES (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Unredacted Opposition to Plaintiff's Motion for Preliminary Injunction, # 2 Text of Proposed Order)(Walker, Johnny) (Entered: 02/10/2020)

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18 Feb. 14, 2020

Memorandum in opposition to re 14 MOTION for Discovery filed by MICHAEL A. HUGHES. (Walker, Johnny) (Entered: 02/14/2020)

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19 Feb. 14, 2020

REPLY to opposition to motion re 4 MOTION for Preliminary Injunction filed by N.S.. (Marcus, Steven) (Entered: 02/14/2020)

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20 Feb. 20, 2020

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/21/2020. (Marcus, Steven) (Entered: 02/20/2020)

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21 Feb. 21, 2020

MOTION for Leave to File Amicus Brief by NATIONAL IMMIGRANT JUSTICE CENTER (Attachments: # 1 Proposed Amicus Brief, # 2 Appendix to Amicus Brief, # 3 Keren Zwick Appearance, # 4 Appearance Appendix)(Zwick, Keren) (Entered: 02/21/2020)

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22 Feb. 24, 2020

Joint MOTION for Scheduling Order for Class Certification Briefing by N.S. (Attachments: # 1 Text of Proposed Order)(Marcus, Steven) (Entered: 02/24/2020)

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23 Feb. 24, 2020

MOTION for Leave to File Amicus Curiae Brief by DISTRICT OF COLUMBIA (Attachments: # 1 Amicus Curiae Brief)(Lake, James) (Entered: 02/24/2020)

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24 March 3, 2020

ORDER granting 22 Joint Motion for Scheduling Order. Signed by Judge Royce C. Lamberth on 03/03/2020. (lcrcl3) (Entered: 03/03/2020)

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26 March 3, 2020

SEALED OPPOSITION filed by MICHAEL A. HUGHES re 4 MOTION for Preliminary Injunction (zjf) (Entered: 03/04/2020)

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27 March 4, 2020

Memorandum in opposition to re 5 MOTION to Certify Class filed by MICHAEL A. HUGHES. (Attachments: # 1 Exhibit 1)(Walker, Johnny) (Entered: 03/04/2020)

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28 March 16, 2020

ANSWER to 3 Complaint by MICHAEL A. HUGHES.(Walker, Johnny) (Entered: 03/16/2020)

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29 March 18, 2020

REPLY to opposition to motion re 5 MOTION to Certify Class filed by N.S.. (Attachments: # 1 Exhibit McCoy Decl., # 2 Exhibit Hirst Decl., # 3 Exhibit Supp. White Decl., # 4 Exhibit Supp. D'Adamo Decl.)(Marcus, Steven) (Entered: 03/18/2020)

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30 March 26, 2020

NOTICE of Appearance by Keren Hart Zwick on behalf of NATIONAL IMMIGRANT JUSTICE CENTER (zjf) (Entered: 03/27/2020)

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31 March 26, 2020

AMICUS BRIEF by NATIONAL IMMIGRANT JUSTICE CENTER. (jf) (Entered: 03/27/2020)

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35 March 26, 2020

AMICUS BRIEF by DISTRICT OF COLUMBIA. (znmw) (Entered: 04/17/2020)

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March 26, 2020

Order on Motion for Leave to File

March 26, 2020

MINUTE ORDER granting 21 Motion for Leave to File Amicus Brief by National Immigration Justice Center. In accordance with Local Civil Rule 7(o)(1), the Court also accepts the Amicus Brief filed by the District of Columbia. Any supplemental memoranda in response to these Amicus Briefs shall be filed within 10 days of this date. Signed by Judge Royce C. Lamberth on 03/26/2020. (lcrcl3)

32 April 3, 2020

Unopposed MOTION for Extension of Time to File Response/Reply by MICHAEL A. HUGHES (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 04/03/2020)

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April 4, 2020

Order on Motion for Extension of Time to File Response/Reply

April 4, 2020

MINUTE ORDER granting 32 Consent Motion for Extension of Time to File. Defendant shall file any response to the amicus briefs no later than 04/10/2020. Signed by Judge Royce C. Lamberth on 04/04/2020. (lcrcl3)

33 April 10, 2020

Unopposed MOTION for Extension of Time to File Response/Reply by MICHAEL A. HUGHES (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 04/10/2020)

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April 10, 2020

Order on Motion for Extension of Time to File Response/Reply

April 10, 2020

MINUTE ORDER granting 33 Unopposed Motion for Extension of Time to File Response. Defendant shall file any response to the amicus briefs no later than 04/15/2020. Signed by Judge Royce C. Lamberth on 04/10/2020. (lcrcl3)

34 April 15, 2020

RESPONSE re 31 Amicus Brief, 35 Amicus Brief filed by MICHAEL A. HUGHES. (Walker, Johnny) Modified links on 4/17/2020 (znmw). (Entered: 04/15/2020)

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April 16, 2020

.Order

April 16, 2020

MINUTE ORDER: Because defendant's response to the amicus briefs 34 contains new legal arguments that were not raised in defendant's opposition to plaintiff's motion for a preliminary injunction, plaintiff is hereby permitted to respond to 34 . Signed by Judge Royce C. Lamberth on 04/16/2020. (lcms)

36 April 22, 2020

Consent MOTION for Scheduling Order for Plaintiff's Response to Defendant's Amicus Response by N.S. (Attachments: # 1 Text of Proposed Order)(Marcus, Steven) (Entered: 04/22/2020)

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37 April 23, 2020

ORDER granting 36 Consent Motion for Scheduling Order. Plaintiff's response to defendant's response to the amicus briefs shall be filed no later than 05/04/2020. Signed by Judge Royce C. Lamberth on 04/23/2020. (lcrcl3) (Entered: 04/23/2020)

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April 24, 2020

Set/Reset Deadlines

April 24, 2020

Set/Reset Deadlines: Responses due by 5/4/2020 (lsj)

38 May 4, 2020

RESPONSE re 34 Response to Document (Amici Briefs) filed by N.S.. (Marcus, Steven) (Entered: 05/04/2020)

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39 May 7, 2020

MEMORANDUM OPINION. Signed by Judge Royce C. Lamberth on 05/07/2020. (lcrcl3) (Entered: 05/07/2020)

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40 May 7, 2020

ORDER granting 4 Motion for Preliminary Injunction; granting 5 Motion to Certify Class; denying 14 Motion for Expedited Discovery. Signed by Judge Royce C. Lamberth on 05/07/2020. (lcrcl3) (Entered: 05/07/2020)

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41 June 4, 2020

MOTION for Reconsideration re 39 Memorandum & Opinion, 40 Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion for Discovery by MICHAEL A. HUGHES (Attachments: # 1 Memorandum in Support, # 2 Exhibit : Order No. 2622-2002, Delegation of Authority to the United States Marshals Service to Exercise the Powers and Duties of Immigration Officers (Oct. 17, 2002), # 3 Text of Proposed Order)(Walker, Johnny) (Entered: 06/04/2020)

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42 June 11, 2020

Unopposed MOTION for Extension of Time to File a Notice of Appeal by MICHAEL A. HUGHES (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 06/11/2020)

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43 June 15, 2020

Consent MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Reconsideration re 39 Memorandum & Opinion, 40 Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion for Discovery by N.S. (Attachments: # 1 Text of Proposed Order)(Marcus, Steven) (Entered: 06/15/2020)

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44 June 15, 2020

ORDER granting 42 Motion for Extension of Time to File Notice of Appeal. Defendant's time is extended until 08/05/2020. Signed by Judge Royce C. Lamberth on 06/15/2020. (lcrcl3) (Entered: 06/15/2020)

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45 June 15, 2020

ORDER granting 43 Consent Motion for Extension of Time to File Response. Plaintiff shall respond to defendant's Motion for Reconsideration no later than 07/02/2020. Signed by Judge Royce C. Lamberth on 06/15/2020. (lcrcl3) (Entered: 06/15/2020)

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June 16, 2020

Set/Reset Deadlines: Notice of Appeal due by 8/5/2020. (lsj)

June 16, 2020

Set/Reset Deadlines

46 July 2, 2020

Memorandum in opposition to re 41 MOTION for Reconsideration re 39 Memorandum & Opinion, 40 Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion for Discovery filed by N.S.. (Attachments: # 1 Exhibit A - Sample Extradition Warrant, # 2 Exhibit B - Sample Custodial Warrant)(Marcus, Steven) (Entered: 07/02/2020)

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47 July 9, 2020

Unopposed MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Reconsideration re 39 Memorandum & Opinion, 40 Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion for Discovery by MICHAEL A. HUGHES (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/09/2020)

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48 July 9, 2020

ORDER granting 47 Unopposed Motion for Extension of Time to File Reply. Defendant shall file its reply in support of its Motion for Reconsideration no later than 07/10/2020. Signed by Judge Royce C. Lamberth on 07/09/2020. (lcrcl3) (Entered: 07/09/2020)

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49 July 10, 2020

REPLY to opposition to motion re 41 MOTION for Reconsideration re 39 Memorandum & Opinion, 40 Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion for Discovery filed by MICHAEL A. HUGHES. (Walker, Johnny) (Entered: 07/10/2020)

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50 July 24, 2020

MEMORANDUM OPINION. Signed by Judge Royce C. Lamberth on 07/24/2020. (lcrcl3) (Entered: 07/24/2020)

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51 July 24, 2020

ORDER denying 41 Motion for Reconsideration. Signed by Judge Royce C. Lamberth on 07/24/2020. (lcrcl3) (Entered: 07/24/2020)

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52 Aug. 28, 2020

ENTERED IN ERROR.....Joint MOTION for Briefing Schedule by MICHAEL A. HUGHES (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) Modified on 8/28/2020 (zjf). (Entered: 08/28/2020)

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53 Aug. 28, 2020

Joint MOTION for Briefing Schedule by MICHAEL A. HUGHES (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 08/28/2020)

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54 Aug. 28, 2020

ORDER granting 53 Motion for Briefing Schedule; Set/Reset Deadlines: Administrative Record due by 9/18/2020. Plaintiff's Summary Judgment Motion due by 10/23/2020. Defendant's Cross-Motion for Summary Judgment and Response due by 11/13/2020. Plaintiff's Response and Reply due by 12/4/2020. Defendant's Reply in support of his Cross-Motion for Summary Judgment due by 01/08/2021. Signed by Judge Royce C. Lamberth on 08/28/2020. (lcrcl3) (Entered: 08/28/2020)

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Aug. 28, 2020

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 52 Joint MOTION for Briefing Schedule was entered in error and counsel was instructed to refile said pleading in the correct case. (zjf)

Aug. 28, 2020

Notice of Corrected Docket Entry

55 Sept. 17, 2020

Consent MOTION to Modify the Briefing Schedule by MICHAEL A. HUGHES (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/17/2020)

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56 Sept. 18, 2020

ORDER granting 55 Motion to Modify; Set/Reset Deadlines: Administrative Record due by 10/2/2020. Plaintiff's Summary Judgment Motion due by 11/6/2020. Defendant's Cross-Motion for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment due by 12/4/2020. Plaintiff's Response to Defendant's Cross-Motion for Summary Judgment and Reply in Support of his Motion for Summary Judgment due by 12/29/2020. Defendant's Reply in Support of his Cross-Motion for Summary Judgment due by 2/2/2021. Signed by Judge Royce C. Lamberth on 09/18/2020. (lcrcl3) (Entered: 09/18/2020)

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57 Sept. 28, 2020

MOTION to Clarify re 40 Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion for Discovery by N.S. (Attachments: # 1 Exhibit D'Adamo Declaration, # 2 Text of Proposed Order)(Marcus, Steven) (Entered: 09/28/2020)

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58 Oct. 2, 2020

Consent MOTION to Modify the Briefing Schedule by MICHAEL A. HUGHES (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/02/2020)

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59 Oct. 7, 2020

ORDER granting 58 Motion to Modify Briefing Schedule; Set/Reset Deadlines: Administrative Record due by 10/16/2020. Plaintiff's Summary Judgment Motion due by 11/20/2020. Defendant's Response and Cross-Motion for Summary Judgment due by 12/18/2020. Plaintiff's Reply and Opposition to Cross-Motion for Summary Judgment due by 1/12/2021. Defendant's Reply due by 2/16/2021. Signed by Judge Royce C. Lamberth on 10/07/2020. (lcrcl3) (Entered: 10/07/2020)

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60 Oct. 10, 2020

Unopposed MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Clarify re 40 Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion for Discovery by MICHAEL A. HUGHES (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/10/2020)

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61 Oct. 14, 2020

ORDER granting 60 Motion for Extension of Time to File Response as to 57 MOTION to Clarify re 40 Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion for Discovery ; Set/Reset Deadlines: Response due by 10/20/2020. Signed by Judge Royce C. Lamberth on 10/14/2020. (lcrcl3) (Entered: 10/14/2020)

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62 Oct. 16, 2020

Unopposed MOTION to Modify the Briefing Schedule by MICHAEL A. HUGHES (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/16/2020)

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63 Oct. 19, 2020

Unopposed MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Clarify re 40 Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion for Discovery by MICHAEL A. HUGHES (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/19/2020)

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64 Oct. 21, 2020

ORDER granting 63 Motion for Extension of Time to File Response as to 57 MOTION to Clarify re 40 Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion for Discovery ; Set/Reset Deadlines: Response due by 10/23/2020. Signed by Judge Royce C. Lamberth on 10/21/2020. (lcrcl3) (Entered: 10/21/2020)

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65 Oct. 21, 2020

ORDER granting 62 Motion to Modify. The Court ORDERS that the Administrative Record due by 10/30/2020. Plaintiff's Summary Judgment Motion due by 12/4/2020. Defendant's Response and Cross-Motion for Summary Judgment due by 1/4/2021. Plaintiff's Reply and Response to Cross-Motion for Summary Judgment due by 1/29/2021. Defendant's Reply due 3/5/2021. Signed by Judge Royce C. Lamberth on 10/21/2020. (lcrcl3) Modified on 10/21/2020 (nbn). (Entered: 10/21/2020)

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66 Oct. 23, 2020

Memorandum in opposition to re 57 MOTION to Clarify re 40 Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion for Discovery filed by MICHAEL A. HUGHES. (Attachments: # 1 Declaration of Robert Brandt, # 2 Text of Proposed Order)(Walker, Johnny) (Entered: 10/23/2020)

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67 Oct. 27, 2020

Consent MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Clarify re 40 Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion for Discovery by N.S. (Attachments: # 1 Text of Proposed Order)(Marcus, Steven) (Entered: 10/27/2020)

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68 Oct. 28, 2020

ORDER granting 67 Motion for Extension of Time to File Reply as to 57 MOTION to Clarify re 40 Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion for Discovery ; Set/Reset Deadlines: Reply due by 11/6/2020. Signed by Judge Royce C. Lamberth on 10/28/2020. (lcrcl3) (Entered: 10/28/2020)

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69 Oct. 30, 2020

ADMINISTRATIVE RECORD by MICHAEL A. HUGHES. (Walker, Johnny) (Entered: 10/30/2020)

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70 Nov. 6, 2020

REPLY to opposition to motion re 57 MOTION to Clarify re 40 Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion for Discovery filed by N.S.. (Attachments: # 1 Exhibit A - Guevara Docket, # 2 Exhibit B - Serrano Decl.)(Marcus, Steven) (Entered: 11/06/2020)

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71 Nov. 13, 2020

MEMORANDUM OPINION. Signed by Judge Royce C. Lamberth on 11/13/2020. (lcrcl3) (Entered: 11/13/2020)

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72 Nov. 13, 2020

ORDER granting in part and denying in part 57 Motion to Clarify. Signed by Judge Royce C. Lamberth on 11/13/2020. (lcrcl3) (Entered: 11/13/2020)

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73 Dec. 2, 2020

Consent MOTION for Extension of Time to File Plaintiff's Motion for Summary Judgment by N.S. (Attachments: # 1 Text of Proposed Order)(Marcus, Steven) (Entered: 12/02/2020)

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74 Dec. 2, 2020

ORDER granting 73 Motion for Extension of Time; Set/Reset Deadlines: Plaintiff's Summary Judgment Motion due by 12/11/2020. Defendant's Response and Cross-Motion for Summary Judgment due by 1/11/2021. Plaintiff's Reply and Response to Cross-Motion for Summary Judgment due by 2/5/2021. Defendant's Reply due by 3/12/2021. Signed by Judge Royce C. Lamberth on 12/2/2020. (lcrcl3) (Entered: 12/02/2020)

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75 Dec. 12, 2020

MOTION for Summary Judgment by N.S. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Marcus, Steven) (Entered: 12/12/2020)

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76 Jan. 11, 2021

Unopposed MOTION to Modify the Briefing Schedule by MICHAEL A. HUGHES (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 01/11/2021)

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77 Jan. 12, 2021

ORDER granting 76 Motion to Modify Briefing Schedule; Set/Reset Deadlines: Defendant's Cross-Motion for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment due by 2/8/2021. Plaintiff's Response to Defendant's Cross-Motion for Summary Judgment and Reply in Support of Plaintiff's Motion for Summary Judgment due by 3/5/2021. Defendant's Reply due by 4/9/2021. Signed by Judge Royce C. Lamberth on 1/12/2021. (lcrcl3) (Entered: 01/12/2021)

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78 Feb. 5, 2021

Unopposed MOTION to Modify the Briefing Schedule by MICHAEL A. HUGHES. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 02/05/2021)

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79 Feb. 8, 2021

ORDER granting 78 Unopposed Motion to Modify Briefing Schedule; Set/Reset Deadlines: Defendant's Cross-Motion for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment due by 2/19/2021. Plaintiff's Response to Defendant's Cross-Motion for Summary Judgment and Reply in Support of Plaintiff's Motion for Summary Judgment due by 3/16/2021. Defendant's Reply in Support of Cross-Motion for Summary Judgment due by 4/20/2021. Signed by Judge Royce C. Lamberth on 2/8/2021. (lcrcl3) (Entered: 02/08/2021)

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80 Feb. 19, 2021

Consent MOTION to Modify the Briefing Schedule by ROBERT A. DIXON. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 02/19/2021)

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81 Feb. 22, 2021

ORDER granting 80 Unopposed Motion to Modify the Briefing Schedule; Set/Reset Deadlines: Defendant's Cross-Motion for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment due by 2/26/2021. Plaintiff's Response to Cross-Motion for Summary Judgment and Reply in Support of Plaintiff's Motion for Summary Judgment due by 3/23/2021. Defendant's Reply in Support of Cross-Motion for Summary Judgment due by 4/27/2021. Signed by Judge Royce C. Lamberth on 2/22/2021. (lcrcl3) (Entered: 02/22/2021)

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82 Feb. 25, 2021

Consent MOTION to Modify the Briefing Schedule by ROBERT A. DIXON. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 02/25/2021)

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83 Feb. 26, 2021

ORDER granting 82 Unopposed Motion to Modify the Briefing Schedule; Set/Reset Deadlines: Defendant's Cross-Motion for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment due by 3/12/2021. Plaintiff's Response to Defendant's Cross-Motion for Summary Judgment and Reply in support of Plaintiff's Motion for Summary Judgment due by 4/6/2021. Defendant's Reply in Support of Cross-Motion for Summary Judgment due by 5/11/2021. Signed by Judge Royce C. Lamberth on 2/26/2021. (lcrcl3) (Entered: 02/26/2021)

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 14, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All indigent criminal defendants in the Superior Court for the District of Columbia: (1) who were, are, or will be detained by officers of the United States Marshals Service for suspected civil immigration violations, and (2) as to whom Immigration and Customs Enforcement has not effectuated a warrant of removal/deportation (a form I-205) and/or has not obtained an order of deportation or removal.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal

U.S. Marshal for the District of Columbia Superior Court

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

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

Other Dockets:

District of District of Columbia 1:20-cv-00101

Special Case Type(s):

Habeas

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Criminal prosecution

Detention - criteria

Detention - procedures

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Placement in detention facilities

Policing:

False arrest

Recommended Citation