Case: Augusto v. Moniz

1:20-cv-10685 | U.S. District Court for the District of Massachusetts

Filed Date: April 7, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: In this case filed April 7, 2020, after the COVID-19 outbreak, 65 civil immigration detainees at the Plymouth County Correctional Facility requested habeas and injunctive relief in the form of immediate interim release from detention. A class was certified on June 8. No outcome yet.On April 7, 2020, 65 individuals detained by Immigration and Customs Enforcement at the Plymouth County Correctional Facility (ICE) filed this lawsuit in the U.S. District Court for the District of …

COVID-19 Summary: In this case filed April 7, 2020, after the COVID-19 outbreak, 65 civil immigration detainees at the Plymouth County Correctional Facility requested habeas and injunctive relief in the form of immediate interim release from detention. A class was certified on June 8. No outcome yet.


On April 7, 2020, 65 individuals detained by Immigration and Customs Enforcement at the Plymouth County Correctional Facility (ICE) filed this lawsuit in the U.S. District Court for the District of Massachusetts against the Superintendent of the Plymouth County Correctional Facility (PCCF). The plaintiffs claimed that the health and safety measures being taken by PCCF were insufficient to curb the spread of the virus and protect the health and safety of detainees within the facility. Initially the lawsuit was filed pro se, and plaintiffs sought emergency release under under 8 U.S.C. § 1226. The plaintiffs were later represented as a putative class by the ACLU National Prison Project, the ACLU Immigrants' Rights Project, Boston University School of Law's Immigrants' Rights and Human Trafficking Program, and private counsel, plaintiffs sued under 28 U.S.C. § 1331 (federal question), 28 U.S.C. § 2241 (habeas jurisdiction), and Article I, Section 9, clause 2 of the U.S. Constitution (the Suspension Clause) for habeas, injunctive, and declaratory relief, including release from custody. Judge Allison D. Burroughs was assigned to the case.

An emergency amended petition was filed on April 13 by the ACLU on behalf of only one of the plaintiffs, Wilmer Ruben Espinal Alvarado, however ACLU counsel stated in a notice that the legal evidence and argument submitted could aid in the court's consideration of the other 64 claims. The defendant filed motions to dismiss for lack of jurisdiction and for failure to state a claim for both petitions on April 15 and 16.

In a separate action, on April 29, Espinal Alvarado was ordered to be released unless he received a bond hearing in seven days. Docket No. 1:20-cv-10309-PBS. Espinal Alvarado subsequently filed a stipulation of dismissal for his individual claims.

On May 5, Judge Burroughs dismissed 20 plaintiffs from the action and denied defendant's motion to dismiss, finding that habeas relief was available to plaintiffs because they were seeking release from confinement. On May 5, plaintiffs filed a motion to amend the petition and to certify the class. The following day, Judge Burroughs issued an order that required defendants to notify the court when a named plaintiffs was removed, transferred, or released from PCCF.

On May 26, the ACLU filed an amended class action complaint on behalf of a putative class requesting habeas and injunctive relief. The plaintiffs alleged that the conditions of civil detention during COVID-19 at PCCF exposed them to a substantial risk of serious harm in violation of their due process rights and requested immediate interim release pending resolution of the litigation.

On June 8, Judge Burroughs certified the class as "all civil immigration detainees who are Petitioners in this action (i.e., who signed the original petition) or are otherwise presently detained in Unit C-3 at the PCCF." 2020 WL 3051778. Since the filing of the original petition, several named plaintiffs were released or transferred from PCCF, new plaintiffs have joined the case, and some have individually obtained counsel. Altogether, there were forty petitioners actively seeking relief under two separate petitions: the original petition, which was filed pro se, and the second class action petition filed by the ACLU with two identified class representatives.

Hours after the court certified the class, ICE informed several detainees in Unit C-3 that they would be transferred to a different facility in Alabama. Plaintiffs filed a motion to halt the transfer of eight of the class members which was granted by the court that day. With the exception of three detainees who were already slated for removal, the court prohibited defendants from transferring detainees without advance notice and justification to plaintiffs' counsel. The following day, Judge Burroughs issued an order requiring defendants to give the court 48 hours notice before removing a plaintiff or class member. ICE later withdrew its plans to transfer class members out of PCCF.

On June 12, plaintiffs moved for expedited bail hearings for class members and defendants again moved to dismiss the amended class petition. Between July and December, Judge Burroughs added members to the class to include new detainees that were moved into Unit C-3 and the parties continued to file status reports and discovery motions.

Parties met for a status conference on February 23, 2021, and on March 9, filed a joint status report indicating their intention to file a joint motion to dismiss. The case remains ongoing.

Summary Authors

Chandler Hart-McGonigle (11/28/2020)

Tessa McEvoy (3/12/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17054300/parties/augusto-v-moniz/


Judge(s)

Burroughs, Allison Dale (Massachusetts)

Attorneys(s) for Plaintiff

Balakrishnan, Anand V. (New York)

Cho, Eunice (District of Columbia)

Church, Susan (Massachusetts)

Doyle, Kerry E. (Massachusetts)

Fathi, David Cyrus (District of Columbia)

Glass, Andrew C. (Massachusetts)

Holper, Mary P (Massachusetts)

Jadwat, Omar C. (New York)

Keefe, Joanna S. (Massachusetts)

Judge(s)

Burroughs, Allison Dale (Massachusetts)

Attorneys(s) for Plaintiff

Balakrishnan, Anand V. (New York)

Cho, Eunice (District of Columbia)

Church, Susan (Massachusetts)

Doyle, Kerry E. (Massachusetts)

Fathi, David Cyrus (District of Columbia)

Glass, Andrew C. (Massachusetts)

Holper, Mary P (Massachusetts)

Jadwat, Omar C. (New York)

Keefe, Joanna S. (Massachusetts)

Lafaille, Adriana (Massachusetts)

Lagana, Stephen A. (Massachusetts)

Maidman, Molly R. (Massachusetts)

McCready, Laura K. (Massachusetts)

McDermott, William Shaw (Massachusetts)

McFadden, Daniel L. (Massachusetts)

Ojserkis, Rebecca A (New York)

Pomerleau, Todd C. (Massachusetts)

Rubin, Jeffrey B. (Massachusetts)

Santana, Oriosto Medrano (Massachusetts)

Segal, Matthew (Massachusetts)

Sherman-Stokes, Sarah (Massachusetts)

Tan, Michael K. T. (New York)

Warner, Christopher F. (Massachusetts)

Attorneys(s) for Defendant

Goldstein, Rachel (Massachusetts)

Lelling, Andrew E. (Massachusetts)

Weida, Jason C. (Massachusetts)

Documents in the Clearinghouse

Document

1:20-cv-10685

Docket [PACER]

March 10, 2021

March 10, 2021

Docket
1

1:20-cv-10685

Petition by Immigration and Customs Enforcement Detainees of Plymouth County Correctional Facility

April 7, 2020

April 7, 2020

Complaint
28

1:20-cv-10685

Respondent's Memorandum of Law in Support of his Motion to Deny Petitioner's Habeas Petition

Alvarado v. Moniz

April 16, 2020

April 16, 2020

Pleading / Motion / Brief
119

1:20-cv-10685

Second Amended Emergency Petition for Writ of Habeas Corpus and Injunctive Relief

Quadrelli v. Moniz

May 26, 2020

May 26, 2020

Pleading / Motion / Brief
135

1:20-cv-10685

Memorandum and Order on Motion for Class Certification

Quadrelli v. Moniz

2020 WL 3051778

June 8, 2020

June 8, 2020

Order/Opinion
138

1:20-cv-10685

Emergency Motion for Order Halting Transfers of Class Members Out of the District and to Address Proposed Transfers at June 11 Status Conference

Quadrelli v. Moniz

June 8, 2020

June 8, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17054300/augusto-v-moniz/

Last updated Aug. 15, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

PETITION by Immigration and Customs Enforcement Detainees of Plymouth County Correctional Facility, filed by Pedro Wabibi Augusto.(Danieli, Chris) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

RECAP
2

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Danieli, Chris) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
3

Judge Allison D. Burroughs: ORDER entered. SERVICE ORDER re 2241 Petition. 1. Petitioners shall, within twenty-eight (28) days, pay the $5.00 filing fee. 2. Antone Moniz, Superintendent of PCCF, shall be substituted as the sole respondent. 3. The Clerk of this Court shall serve a copy of the petition upon Superintendent Moniz and the United States Attorney for the District of Massachusetts. 4. The respondent shall, no later than Wednesday, April. 15, 2020, file a response to the petition. (PSSA, 3) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

RECAP
4

NOTICE of Appearance by Stephen A. Lagana on behalf of Felipe De Lima Moreira Barros, Jose Hernandez, Victor Silva Soares, Rogerio Pereira daSilva (Lagana, Stephen) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
5

NOTICE of Appearance by Irene C. Freidel on behalf of Kiberu Quraish (Freidel, Irene) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

RECAP
6

NOTICE of Appearance by Christopher F. Warner on behalf of Abdy Nizeyimana (Warner, Christopher) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

RECAP
7

NOTICE of Appearance by Daniel L. McFadden on behalf of Wilmer Espinal Alvarado (McFadden, Daniel) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

RECAP
8

EMERGENCY Amended Petition for Writ of Habeas Corpus and Injunctive Relief against Antone Moniz, filed by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A, # 2 Appendix)(McFadden, Daniel) Modified on 4/14/2020 to correct docket text to indicate emergency filing (McDonagh, Christina). (Entered: 04/13/2020)

1 Exhibit A

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2 Appendix

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April 13, 2020

April 13, 2020

RECAP
9

DECLARATION re 8 Amended Complaint of Dr. Louis Golob by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A)(McFadden, Daniel) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
10

DECLARATION re 8 Amended Complaint of Dr. Robert Greifinger by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McFadden, Daniel) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
11

DECLARATION re 8 Amended Complaint of Michael Felsen, Esq. by Wilmer Espinal Alvarado. (McFadden, Daniel) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
12

DECLARATION re 8 Amended Complaint of Susan Church, Esq. by Wilmer Espinal Alvarado. (McFadden, Daniel) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
13

DECLARATION re 8 Amended Complaint of Matthew Segal, Esq. by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(McFadden, Daniel) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
14

NOTICE by Wilmer Espinal Alvarado re 8 EMERGENCY Amended Petition for Writ of Habeas Corpus and Injunctive Relief (McFadden, Daniel) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

RECAP
15

NOTICE of Appearance by Susan B. Church on behalf of Wilmer Espinal Alvarado (Church, Susan) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER

Order

April 14, 2020

April 14, 2020

PACER
16

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (McDonagh, Christina) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
17

Judge Allison D. Burroughs: ORDER entered. SERVICE ORDER re Emergency Amended Petition 8 filed by Petitioner Espinal Alvarado. 1. The Clerk of this Court shall serve a copy of the emergency amended petition upon Superintendent Moniz and the United States Attorney for the District of Massachusetts. 2. The respondent shall, no later than Thursday, April. 16, 2020, file a response to Espinal Alvarados emergency amended petition. 3. The Clerk is not required to serve a paper copy of this order on any petitioner. (PSSA, 3) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
18

Remark. Emergency Amended Petition 8 and supporting declarations 9, 10, 11, 12, and 13, sent by email to United States Attorney's Office (Ray Farquhar, Esq., Michael Sady, Esq., Ellen Souris) on 4/14/2020 @ 2:18pm. (PSSA, 3) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
19

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. "As allowed by Paragraph 4 of the Standing Procedural Order Regarding Public Access to Immigration Cases, the Court hereby allows immediate electronic access to the filings in this case. The parties may make filings under seal, with a redacted public version where appropriate and subject to review by the Court and are reminded to redact consistent with the requirements of Fed.R.Civ.P. 5.2(a). All other provisions of the Standing Procedural Order shall remain in effect. Further, the limitation on internet publication of paper copies during the first 30 days after filing, as set forth in Paragraph 3, is expanded to include the internet publication of documents obtained electronically during this same 30 day period." (PSSA, 5) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
20

NOTICE of Appearance by Jason C. Weida on behalf of Antone Moniz (Weida, Jason) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
21

MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Antone Moniz.(Weida, Jason) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
22

MEMORANDUM in Support re 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Antone Moniz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Weida, Jason) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
23

NOTICE of Appearance by Matthew Segal on behalf of Wilmer Espinal Alvarado (Segal, Matthew) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
24

NOTICE of Appearance by Adriana Lafaille on behalf of Wilmer Espinal Alvarado (Lafaille, Adriana) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
25

NOTICE of Appearance by Laura K. McCready on behalf of Wilmer Espinal Alvarado (McCready, Laura) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
26

NOTICE of Voluntary Dismissal by Kiberu Quraish (Freidel, Irene) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
27

MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition) by Antone Moniz.(Weida, Jason) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

RECAP
28

MEMORANDUM in Support re 27 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition) filed by Antone Moniz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F (Under Seal), # 7 Exhibit G (Under Seal), # 8 Exhibit H (Under Seal), # 9 Exhibit I)(Weida, Jason) (Attachment 6 replaced on 4/17/2020) (McDonagh, Christina). (Attachment 7 replaced on 4/17/2020) (McDonagh, Christina). (Attachment 8 replaced on 4/17/2020) (McDonagh, Christina). (Entered: 04/16/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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9 Exhibit I

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April 16, 2020

April 16, 2020

RECAP
29

Assented to MOTION to Seal Document Ex. F, Ex. G, and Ex. H to Respondent's Memorandum in Support of His Motion to Deny Alvarado's Petition (Doc. # 28) by Antone Moniz.(Weida, Jason) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
30

Assented to MOTION for Leave to File Excess Pages by Antone Moniz.(Weida, Jason) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
31

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 29 Motion to Seal Document (Folan, Karen) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER

Order on Motion for Leave to File Excess Pages

April 17, 2020

April 17, 2020

PACER

Order on Motion to Seal Document

April 17, 2020

April 17, 2020

PACER
32

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 30 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
33

Notice of Supplemental Authorities re 27 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition) (Attachments: # 1 Exhibit A)(Weida, Jason) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
34

Mail Returned as Undeliverable. Mail sent to Ahmed Tareq, Ronnie Ssesanena, Ricardo Ramirez, Saltineanu Albano Ion, You Jia Xin, Rey Vinicio De Leon, Mynor Isauro Sacinto Rameriez, Henoud Rodriguez, Eduardo Oscar Garcia Ramirez, Alberto Veiez Chavez, Manuel B. Mizhirumbay, Rainer Mora, and Jose Rene Hernandez Gomes (McDonagh, Christina) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
35

Opposition re 27 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition), 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Wilmer Espinal Alvarado. (McFadden, Daniel) (Entered: 04/26/2020)

April 26, 2020

April 26, 2020

RECAP
36

DECLARATION re 35 Opposition to Motion, of Dr. Robert Greifinger by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McFadden, Daniel) (Entered: 04/26/2020)

April 26, 2020

April 26, 2020

PACER
37

DECLARATION re 35 Opposition to Motion, of Dr. Katherine Peeler by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A)(McFadden, Daniel) (Entered: 04/26/2020)

April 26, 2020

April 26, 2020

PACER
38

DECLARATION re 35 Opposition to Motion, of Matthew Segal, Esq. by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(McFadden, Daniel) (Entered: 04/26/2020)

April 26, 2020

April 26, 2020

PACER
39

DECLARATION re 35 Opposition to Motion, of Natalie Santiago by Wilmer Espinal Alvarado. (McFadden, Daniel) (Entered: 04/26/2020)

April 26, 2020

April 26, 2020

PACER
40

DECLARATION re 35 Opposition to Motion, of Susan Church, Esq. by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McFadden, Daniel) (Entered: 04/26/2020)

April 26, 2020

April 26, 2020

PACER
41

Mail Returned as Undeliverable. Mail sent to Hennry Ramos (McDonagh, Christina) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
42

MEMORANDUM in Support re 1 Petition by Pedro Wabibi Augusto (McDonagh, Christina) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
43

MOTION for Leave to File Reply Memoranda by Antone Moniz.(Weida, Jason) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
44

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On April 23, 2020, Judge Saris ordered Petitioner Espinal Alvarado released unless he received a bond hearing within 7 calendar days. No. 1:20-cv-10309-PBS, ECF No. 18. The parties are to advise the Court by end of day on April 30, 2020 as to whether Petitioner Espinal Alvarado received a bond hearing and whether he has been or is set to be released.(McDonagh, Christina) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER

Order

April 29, 2020

April 29, 2020

PACER

Order on Motion to Seal

April 29, 2020

April 29, 2020

PACER
45

First Opposition re 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Abdy Nizeyimana. (Attachments: # 1 Exhibit Declaration of Christ Mavi Bafouana Mpandzou, # 2 Exhibit Maine State Court Docket, # 3 Exhibit, # 4 Exhibit)(Warner, Christopher) (Attachment 3 replaced on 4/29/2020) (McDonagh, Christina). (Attachment 4 replaced on 4/29/2020) (McDonagh, Christina). (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
46

MOTION to Seal by Abdy Nizeyimana.(McDonagh, Christina) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
47

NOTICE of Appearance by Mary P. Holper on behalf of Evens Dry (Holper, Mary) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
48

Amended PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-8218979 Fee status: Filing Fee paid., filed by Evens Dry. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Holper, Mary) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
49

Opposition re 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Evens Dry. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Holper, Mary) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
50

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 46 Motion to Seal (Folan, Karen) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
51

STATUS REPORT by Antone Moniz. (Weida, Jason) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
52

First Opposition re 27 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition), 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Felipe De Lima Moreira Barros. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Lagana, Stephen) (Entered: 04/29/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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April 29, 2020

April 29, 2020

RECAP
53

First Opposition re 27 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition), 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Rogerio Pereira daSilva. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Lagana, Stephen) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
54

First MEMORANDUM in Opposition re 27 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition), 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Cleberson Quadrelli. (Attachments: # 1 Exhibit Notice to Alien of Interview for Review of Custody Status)(Rubin, Jeffrey) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
55

STATUS REPORT by Wilmer Espinel Alvarado. (McFadden, Daniel) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

RECAP
56

STIPULATION of Dismissal by Wilmer Espinel Alvarado. (McFadden, Daniel) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

RECAP
57

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. In light of Respondent and Petitioner Espinal Alvarado's joint stipulation of dismissal, [ECF No. 56 ], Respondent's motion to dismiss as to Petitioner Espinal Alvarado, [ECF No. 27 ], is DENIED as moot. (McDonagh, Christina) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER

Order on Motion to Dismiss/Lack of Jurisdiction

April 30, 2020

April 30, 2020

PACER

ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund, for $5.00 paid on 04/29/2020, receipt number 0101-8218962. (Tran, Henry)

April 30, 2020

April 30, 2020

PACER
58

First RESPONSE to Motion re 27 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition), 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Felipe De Lima Moreira Barros, Jose Hernandez Mendez, Victor Silva Soares, Rogerio Pereira daSilva. (Attachments: # 1 Exhibit A) Declaration of Attorney Lagana, # 2 Exhibit B) Declaration of Jonathan Luis Golob, # 3 Exhibit C) Declaration of Dr. Greifinger, MD, # 4 Exhibit D) Declarattion of Dr. Greifinger, MD)(Lagana, Stephen) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
59

ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: www.public.mad.uscourts.gov/seating-signup. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 5/1/2020 11:00 AM in Courtroom 17 before Judge Allison D. Burroughs only for Evens Dry, Rogerio Pereira DaSilva, Felipe De Lima Moreira Barros, Cleberson Quadrelli, Jose Hernandez Mendez, Abdy Nizeyimana and Victor Silva Soares who are the petitioners with ripe motions to dismiss.(Folan, Karen) Modified on 4/30/2020 to add Soares (Folan, Karen). (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
60

NOTICE of Appearance by Todd C. Pomerleau on behalf of Cleberson Quadrelli (Pomerleau, Todd) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
61

STATUS REPORT Updated by Antone Moniz. (Weida, Jason) (Additional attachment(s) added on 5/1/2020: # 1 Unredacted Status Report) (McDonagh, Christina). (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
62

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Respondent's motion for leave to reply, [ECF No. 43 ], is GRANTED in part and DENIED in part. Respondent may file a reply in connection with his motion to dismiss the petition as to all Petitioners. See [ECF No. 21 ]. The motion is otherwise denied as moot in light of Petitioner Espinal Alvarado's release. See [ECF Nos. 27, 57 ]. (McDonagh, Christina) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER

Order on Motion for Leave to File Document

May 1, 2020

May 1, 2020

PACER
63

Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 5/1/2020. Colloquy re: motions to dismiss. Further hearing set for 5/5/20 at 10:30 a.m. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: Weida, Warner, Rubin, Lagana, Pomerleau, Holper) (Folan, Karen) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
64

ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: www.public.mad.uscourts.gov/seating-signup. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Further Status Conference set for 5/5/2020 10:30 AM in Courtroom 17 before Judge Allison D. Burroughs only for Evens Dry, Rogerio Pereira DaSilva, Felipe De Lima Moreira Barros, Cleberson Quadrelli, Jose Hernandez Mendez, Abdy Nizeyimana and Victor Silva Soares who are the petitioners with ripe motions to dismiss.(Folan, Karen) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
65

NOTICE of Appearance by Andrew C. Glass on behalf of Abdy Nizeyimana (Glass, Andrew) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
66

NOTICE of Appearance by William Shaw McDermott on behalf of Abdy Nizeyimana (McDermott, William) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
67

REPLY to Response to 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Antone Moniz. (Attachments: # 1 Exhibit A)(Weida, Jason) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
68

NOTICE of Appearance by Jeffrey B. Rubin on behalf of Cleberson Quadrelli (Rubin, Jeffrey) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
69

STATUS REPORT by Antone Moniz. (Weida, Jason) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER

Order

May 5, 2020

May 5, 2020

PACER

Order on Motion to Dismiss/Lack of Jurisdiction

May 5, 2020

May 5, 2020

PACER
70

NOTICE of Appearance by William Keefe on behalf of Cristian Fernando Maza Charco (Keefe, William) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
71

NOTICE of Appearance by William Keefe on behalf of Ramon Sanchez Vasquez (Keefe, William) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
72

NOTICE of Appearance by William Keefe on behalf of Pedro Cuba (Keefe, William) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
73

NOTICE of Appearance by William Keefe on behalf of Manuel Cela-Caguana (Keefe, William) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
74

NOTICE of Appearance by William Keefe on behalf of Sandeep Singh (Keefe, William) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
75

NOTICE of Appearance by Daniel L. McFadden on behalf of Evens Dry, Abdy Nizeyimana, Cleberson Quadrelli (McFadden, Daniel) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
76

NOTICE of Appearance by Laura K. McCready on behalf of Evens Dry, Abdy Nizeyimana, Cleberson Quadrelli (McCready, Laura) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
77

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The petition, [ECF No. 1 ], is moot as to the following petitioners who are dismissed from this action: Miguel Carpio, Rey De Leon Merida, Hazem Khalil El Beshtawi, Rodrigue Henoud, Jose Rene Hernandez Gomes, Mynor Jacinto-Ramirez, Manuel Lema Mizhirumbay, Rainer Mora-Polanco, Pablo Navarette, Henry Navas-Ramos, Teofilo Niz Chilel, Ricardo Ramirez, Oscar Ramirez Garcia, Albano Slatineanu, Ronnie Ssesanga, Guadalupe Velez Chavez, You Xiajin, Tareq Ahmed and Santo Amador-Guerrero(McDonagh, Christina) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
78

Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 5/5/2020. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: Weida, Lagana, Warner, Pomerleau, Rubin, McCreedy, McFadden, Keefe, Holper) (Folan, Karen) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
79

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. For the reasons set forth below, Respondent's motion to dismiss, [ECF No. 21 ], is DENIED. The Court will first address Respondent's challenge to the Court's habeas jurisdiction. It is without question that habeas relief is available to Petitioners who seek release from their confinement. Gonzalez-Fuentes v. Molina, 607 F.3d 864, 873 (1st Cir. 2010) (stating that relief under ยง 2241 is available "[i]f the prisoner is seeking what can be fairly described as a quantum change in the level of custody" such as release or freedom subject to the constraints of bond or parole (quoting Graham v. Broglin, 922 F.2d 379, 381 (7th Cir. 1991))). Less clear is whether an individual may challenge the conditions of their confinementrather than the legality or duration of their confinementthrough a habeas petition. See Wilborn v. Mansukhani, 795 F. App'x 157, 163 (4th Cir. 2019) (discussing circuit split on the issue). Although many courts are reluctant to proceed on a conditions of confinement petition, the First Circuit has repeatedly stated in dicta that such petitions are not automatically barred from consideration. United States v. DeLeon, 444 F.3d 41, 59 (1st Cir. 2006) ("If the conditions of incarceration raise Eighth Amendment concerns, habeas corpus is available."); Brennan v. Cunningham, 813 F.2d 1, 4 (1st Cir. 1987) ("In Preiser, 411 U.S. at 499-500, the Court explicitly left open the possibility that a challenge to prison conditions, cognizable under ยง 1983, might also be brought as a habeas corpus claim."); Miller v. United States, 564 F.2d 103, 105 (1st Cir. 1977) ("Section 2241 provides a remedy for a federal prisoner who contests the conditions of his confinement...."). Although Respondent frames Petitioners' request as one that solely challenges the conditions of their confinement in light of the risks of COVID-19, [ECF No. 22 at 16-18], the Court notes that Petitioners have asked for several forms of relief, including release. See [ECF No. 1 ]; see also Verma v. Doll, No. 4:20-CV-00014, 2020 U.S. Dist. LEXIS 62429, at *9 (M.D. Pa. Apr. 9, 2020) ("[Petitioner] requests immediate release from custody based on what he perceives to be constitutionally deficient conditions of confinement that threaten his health and life. This is a habeas remedy."). Because Petitioners seek release as well as changes to the conditions of their confinement, the Court will exercise jurisdiction over their petition. Respondent next challenges the petition as failing to state a claim on which relief may be granted. [ECF No. 22 at 18]. In reviewing a motion to dismiss under Rule 12(b)(6), the Court must accept as true all well-pleaded facts, analyze those facts in the light most favorable to the plaintiff, and draw all reasonable factual inferences in favor of the plaintiff. See Gilbert v. City of Chicopee, 915 F.3d 74, 80 (1st Cir. 2019). In light of the current pandemic and their continued detention, Petitioners have alleged facts sufficient to "state a claim to relief that is plausible on its face." See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007); [ECF No. 1 ]. Although the parties have filed declarations in support of their respective positions on the motion to dismiss, additional discovery is necessary to determine whether the measures the Plymouth County Correctional Facility is taking are adequate to reasonably protect Petitioners based on the allegations raised in their petition. Lastly, the Court will not address Petitioners' standing, as Respondent has withdrawn this as a basis for dismissal. See [ECF No. 61 -1 at 2]. (McDonagh, Christina) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
80

NOTICE of Appearance by Molly R. Maidman on behalf of Abdy Nizeyimana (Maidman, Molly) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
81

Copy re 79 Order on Motion to Dismiss/Lack of Jurisdiction mailed to all Pro Se petitioners on 5/5/2020. (McDonagh, Christina) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
82

NOTICE of Appearance by Susan B. Church on behalf of Evens Dry, Abdy Nizeyimana, Cleberson Quadrelli (Church, Susan) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
83

MOTION to Amend Petition by Evens Dry, Abdy Nizeyimana, Cleberson Quadrelli. (Attachments: # 1 Exhibit A)(McFadden, Daniel) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
84

MOTION to Certify Class by Evens Dry, Abdy Nizeyimana, Cleberson Quadrelli.(McFadden, Daniel) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
85

MEMORANDUM in Support re 84 MOTION to Certify Class filed by Evens Dry, Abdy Nizeyimana, Cleberson Quadrelli. (Attachments: # 1 Exhibit A)(McFadden, Daniel) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
86

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Respondent is hereby ordered to notify the Court when a petitioner in this matter is removed, transferred, or released from Plymouth. (McDonagh, Christina) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER

Order

May 6, 2020

May 6, 2020

PACER
87

NOTICE of Appearance by Stephen A. Lagana on behalf of Hector Pojoy-Calel (Lagana, Stephen) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
88

RESPONSE TO COURT ORDER by Antone Moniz re 86 Order . (Weida, Jason) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

RECAP
89

Copy re 86 Order mailed to all Pro Se petitioners on 5/8/2020. (McDonagh, Christina) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: April 7, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are 65 civil immigration detainees at Plymouth County Correctional Facility. The class is certified as "all civil immigration detainees who are Petitioners in this action... or are otherwise presently detained in Unit C-3 at the PCCF."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Plymouth County Correctional Facility (Plymouth), County

Defendant Type(s):

Corrections

Law-enforcement

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

Suspension Clause

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

None

None yet

Source of Relief:

Litigation

None yet

None

Content of Injunction:

Reporting

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

COVID-19:

Mitigation Denied

Mitigation Granted

Mitigation Requested

Release Denied

Release granted-group

Release granted-individual

Release-process created/modified

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions