Case: Perez v. Decker

1:18-cv-10683 | U.S. District Court for the Southern District of New York

Filed Date: Nov. 15, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the indefinite detention of immigrants pending their removal proceedings by U.S. Immigration and Customs Enforcement (“ICE”). On November 15, 2018, a 43-year-old New York resident who had been arrested and detained in a New York detention center filed this class action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiff, a husband and father of two, sued the U.S. government, including the U.S. Department of Homeland Security and the U.S. …

This is a case about the indefinite detention of immigrants pending their removal proceedings by U.S. Immigration and Customs Enforcement (“ICE”). On November 15, 2018, a 43-year-old New York resident who had been arrested and detained in a New York detention center filed this class action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiff, a husband and father of two, sued the U.S. government, including the U.S. Department of Homeland Security and the U.S. Department of Justice under 28 U.S.C. § 2241. Represented by the Bronx Defenders, the New York Civil Liberties Union, the Cardozo Immigration Justice Clinic, and Make the Road New York, the plaintiff sought declaratory and injunctive relief for the class of plaintiffs who had been arrested and detained by ICE without probable cause and without a date of hearing. The plaintiff claimed that the U.S. government’s “practice of failing to provide first appearances before a judge for nearly three months after an arrest” violated the Fourth and Fifth Amendments, as well as the Administrative Procedure Act (“APA”) (5 U.S.C. §§ 551 et seq.).

The plaintiff filed a motion for preliminary injunctive relief and preliminary declaratory relief on December 5, 2018. District Judge Alison J. Nathan denied the plaintiff’s motion for preliminary injunctive relief for lack of jurisdiction under 8 U.S.C. § 1252(f)(1), which prohibits any court (other than the Supreme Court) from enjoining or restraining the operations of 8 U.S.C. § 1229 on a class-wide basis. Section 1229, in turn, “prescribes a floor but no ceiling with respect to the timing of initial master calendar hearings.” Since the plaintiff asked the Court to impose a ceiling, Judge Nathan concluded that granting relief would impermissibly restrain § 1229's operations.

Judge Nathan also denied plaintiff’s motion for preliminary declaratory relief, concluding that no such relief existed. In response, the plaintiff and the defendants filed cross-motions for summary judgment on November 1, 2019. 2019 WL 4784950.

Judge Nathan granted the plaintiff’s unopposed motion for class certification, filed with the original complaint, on November 30, 2020. The Court defined the class as:

All individuals who have been, or will be, arrested by ICE’s New York Field Office and detained under Section 1226 of Title 8 of the United States Code for removal proceedings and who have not been provided an initial hearing before an immigration judge.
On the same day, Judge Nathan granted in part and denied in part both the plaintiff’s and the defendants’ motions for summary judgment. Judge Nathan granted summary judgment for the plaintiff on their procedural due process claim, finding that that the government’s practice of holding detainees for more than ten days before an initial hearing exceeded the 10-day limit established in Krimstock v. Kelly, 306 F.3d 40. But Judge Nathan granted the defendants’ motion for summary judgment on the plaintiff’s substantive due process and APA claims. Judge Nathan cited Zadvydas v. Davis, 533 U.S. 678, in which detention periods of up to six months were held to be reasonable, and concluded that the detention period at issue did not violate the plaintiff’s right to due process. Judge Nathan dismissed the plaintiff’s claim under the APA because granting relief under the APA would effectively allow the plaintiff to obtain preliminary injunctive relief, even though it had been denied pursuant to 8 U.S.C. § 1252(f). 2020 WL 7028637.

As of January 29, 2021, the defendants have filed an appeal.

Summary Authors

Anjali Baliga (2/7/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8197991/parties/vazquez-perez-v-decker/


Judge(s)

Nathan, Alison Julie (New York)

Attorneys(s) for Plaintiff

Austin, Paige (New York)

Borchetta, Jennifer Rolnick (New York)

Dunn, Christopher (New York)

Hodgson, Robert (New York)

Jain, Niji (New York)

Levine, Zoe (New York)

Markowitz, Peter (New York)

Mathur, Suchita (New York)

Nash, Lindsay (New York)

Judge(s)

Nathan, Alison Julie (New York)

Attorneys(s) for Plaintiff

Austin, Paige (New York)

Borchetta, Jennifer Rolnick (New York)

Dunn, Christopher (New York)

Hodgson, Robert (New York)

Jain, Niji (New York)

Levine, Zoe (New York)

Markowitz, Peter (New York)

Mathur, Suchita (New York)

Nash, Lindsay (New York)

Norona, Mauricio Eduardo (New York)

Pearce, Jacqueline (New York)

Robbins, Hannah (New York)

Steinberg, Johanna B. (New York)

Attorneys(s) for Defendant

Waterman, Brandon M. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Vazquez Perez v. Decker

Jan. 29, 2021 Docket
1

Class Petition for Writ of Habeas Corpus and Class Complaint for Declaratory and Injunctive Relief

Vazquez Perez v. Decker

Nov. 15, 2018 Complaint
124

Opinion & Order

Vazquez Perez v. Decker

2019 WL 4784950

Sept. 30, 2019 Order/Opinion
160

Opinion & Order

Vazquez Perez v. Decker

2020 WL 7028637

Nov. 30, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8197991/vazquez-perez-v-decker/

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

ECF Number Description Date Link
1

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-15921286)Document filed by Uriel Vazquez Perez.(Markowitz, Peter) (Entered: 11/15/2018)

Nov. 15, 2018 PACER
2

CIVIL COVER SHEET filed. (Markowitz, Peter) (Entered: 11/15/2018)

Nov. 15, 2018 PACER
3

MOTION to Certify Class . Document filed by Uriel Vazquez Perez.(Markowitz, Peter) (Entered: 11/15/2018)

Nov. 15, 2018 PACER
4

MEMORANDUM OF LAW in Support re: 3 MOTION to Certify Class . . Document filed by Uriel Vazquez Perez. (Markowitz, Peter) (Entered: 11/15/2018)

Nov. 15, 2018 PACER
5

DECLARATION of Robert Hodgson in Support re: 3 MOTION to Certify Class .. Document filed by Uriel Vazquez Perez. (Attachments: # 1 Exhibit Exh. A- Hausman Decl., # 2 Exhibit Exh. B- Saenz Decl., # 3 Exhibit Exh. C- EOIR IJ Bench Book, # 4 Exhibit Exh. D- New Yorker Article, # 5 Exhibit Exh. E- Vera NYIFUP Evaluation, # 6 Exhibit Exh. F- DHS OIG Press Release, # 7 Exhibit Exh. G- NorthJersey.com Article, # 8 Exhibit Exh. H- Vazquez Perez Decl., # 9 Exhibit Exh. I- Dunn Decl.)(Markowitz, Peter) (Entered: 11/15/2018)

Nov. 15, 2018 PACER
6

NOTICE OF APPEARANCE by Peter L. Markowitz on behalf of Uriel Vazquez Perez. (Markowitz, Peter) (Entered: 11/15/2018)

Nov. 15, 2018 PACER
7

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Decker, re: 1 Petition for Writ of Habeas Corpus. Document filed by Uriel Vazquez Perez. (Markowitz, Peter) Modified on 11/19/2018 (pc). (Entered: 11/15/2018)

Nov. 15, 2018 PACER
8

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security, re: 1 Petition for Writ of Habeas Corpus. Document filed by Uriel Vazquez Perez. (Markowitz, Peter) Modified on 11/19/2018 (pc). (Entered: 11/15/2018)

Nov. 15, 2018 PACER
9

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice, re: 1 Petition for Writ of Habeas Corpus. Document filed by Uriel Vazquez Perez. (Markowitz, Peter) Modified on 11/19/2018 (pc). (Entered: 11/15/2018)

Nov. 15, 2018 PACER
10

REQUEST FOR ISSUANCE OF SUMMONS as to Carl E. DUBOIS, re: 1 Petition for Writ of Habeas Corpus. Document filed by Uriel Vazquez Perez. (Markowitz, Peter) (Entered: 11/15/2018)

Nov. 15, 2018 PACER
11

REQUEST FOR ISSUANCE OF SUMMONS as to EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, re: 1 Petition for Writ of Habeas Corpus. Document filed by Uriel Vazquez Perez. (Markowitz, Peter) (Entered: 11/15/2018)

Nov. 15, 2018 PACER
12

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to IMMIGRATION AND CUSTOMS ENFORCEMENT, re: 1 Petition for Writ of Habeas Corpus. Document filed by Uriel Vazquez Perez. (Markowitz, Peter) Modified on 11/19/2018 (pc). (Entered: 11/15/2018)

Nov. 15, 2018 PACER
13

REQUEST FOR ISSUANCE OF SUMMONS as to James McHENRY, re: 1 Petition for Writ of Habeas Corpus. Document filed by Uriel Vazquez Perez. (Markowitz, Peter) (Entered: 11/15/2018)

Nov. 15, 2018 PACER
14

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kirstjen NIELSEN, re: 1 Petition for Writ of Habeas Corpus. Document filed by Uriel Vazquez Perez. (Markowitz, Peter) Modified on 11/19/2018 (pc). (Entered: 11/15/2018)

Nov. 15, 2018 PACER
15

REQUEST FOR ISSUANCE OF SUMMONS as to Ronald D. VITIELLO, re: 1 Petition for Writ of Habeas Corpus. Document filed by Uriel Vazquez Perez. (Markowitz, Peter) (Entered: 11/15/2018)

Nov. 15, 2018 PACER
16

REQUEST FOR ISSUANCE OF SUMMONS as to Matthew G. WHITAKER, re: 1 Petition for Writ of Habeas Corpus. Document filed by Uriel Vazquez Perez. (Markowitz, Peter) (Entered: 11/15/2018)

Nov. 15, 2018 PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Peter L. Markowitz. The party information for the following party/parties has been modified: Thomas Decker, Department of Homeland Secuirty, Department of Justice, Carl E. DuBois, Immigration and Customs Enforcement, James McHenry, Kirstjen Nielsen, Uriel Vazquez Perez, Ronald D. Vitiello, Matthew G. Whitaker. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (pc)

Nov. 16, 2018 PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Peter L. Markowitz. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to Orange; the Fee Status code has been modified to pd (paid);. (pc)

Nov. 16, 2018 PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pc)

Nov. 16, 2018 PACER

Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pc)

Nov. 16, 2018 PACER

Case Designated ECF. (pc)

Nov. 16, 2018 PACER
17

NOTICE OF APPEARANCE by Paige Austin on behalf of Uriel Vazquez Perez. (Austin, Paige) (Entered: 11/16/2018)

Nov. 16, 2018 PACER
18

NOTICE OF APPEARANCE by Jacqueline Pearce on behalf of Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 11/19/2018)

Nov. 19, 2018 PACER
19

ELECTRONIC SUMMONS ISSUED as to James McHenry. (pc) (Entered: 11/19/2018)

Nov. 19, 2018 PACER
20

ELECTRONIC SUMMONS ISSUED as to Matthew G. Whitaker. (pc) (Entered: 11/19/2018)

Nov. 19, 2018 PACER
21

ELECTRONIC SUMMONS ISSUED as to Carl E. DuBois. (pc) (Entered: 11/19/2018)

Nov. 19, 2018 PACER
22

ELECTRONIC SUMMONS ISSUED as to Ronald D. Vitiello. (pc) (Entered: 11/19/2018)

Nov. 19, 2018 PACER
23

ELECTRONIC SUMMONS ISSUED as to Executive Office For Immigration Review. (pc) (Entered: 11/19/2018)

Nov. 19, 2018 PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Peter L. Markowitz to RE-FILE Document No. 8 Request for Issuance of Summons, 14 Request for Issuance of Summons, 7 Request for Issuance of Summons, 9 Request for Issuance of Summons, 12 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name on summons does not exactly match what is listed on the petition caption title. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)

Nov. 19, 2018 PACER
24

REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Decker, re: 1 Petition for Writ of Habeas Corpus. Document filed by Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 11/20/2018)

Nov. 20, 2018 PACER
25

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Petition for Writ of Habeas Corpus. Document filed by Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 11/20/2018)

Nov. 20, 2018 PACER
26

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: 1 Petition for Writ of Habeas Corpus. Document filed by Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 11/20/2018)

Nov. 20, 2018 PACER
27

REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Petition for Writ of Habeas Corpus. Document filed by Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 11/20/2018)

Nov. 20, 2018 PACER
28

REQUEST FOR ISSUANCE OF SUMMONS as to Kirstjen Nielsen, re: 1 Petition for Writ of Habeas Corpus. Document filed by Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 11/20/2018)

Nov. 20, 2018 PACER
29

NOTICE OF APPEARANCE by Christopher T Dunn on behalf of Uriel Vazquez Perez. (Dunn, Christopher) (Entered: 11/20/2018)

Nov. 20, 2018 PACER
30

ELECTRONIC SUMMONS ISSUED as to Thomas Decker. (dnh) (Entered: 11/21/2018)

Nov. 21, 2018 PACER
31

ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (dnh) (Entered: 11/21/2018)

Nov. 21, 2018 PACER
32

ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. (dnh) (Entered: 11/21/2018)

Nov. 21, 2018 PACER
33

ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (dnh) (Entered: 11/21/2018)

Nov. 21, 2018 PACER
34

ELECTRONIC SUMMONS ISSUED as to Kirstjen Nielsen. (dnh) (Entered: 11/21/2018)

Nov. 21, 2018 PACER
35

NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of Uriel Vazquez Perez. (Hodgson, Robert) (Entered: 11/26/2018)

Nov. 26, 2018 PACER
36

FIRST MOTION Leave to Appear as Law Students . Document filed by Uriel Vazquez Perez. (Attachments: # 1 Exhibit Law Student Intern Appearance Form for Alberto Casadevall, # 2 Exhibit Law Student Intern Appearance Form for Daynelis Vargas, # 3 Exhibit Law Student Intern Appearance Form for Jessica Kulig, # 4 Exhibit Law Student Intern Appearance Form for Kathleen Wahl)(Pearce, Jacqueline) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
37

NOTICE OF APPEARANCE by Jennifer Rolnick Borchetta on behalf of Uriel Vazquez Perez. (Borchetta, Jennifer) (Entered: 12/03/2018)

Dec. 3, 2018 PACER
38

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Waterman, Brandon) (Entered: 12/03/2018)

Dec. 3, 2018 PACER
39

FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge Alison J. Nathan from Peter L. Markowitz dated December 3, 2018. Document filed by Uriel Vazquez Perez.(Markowitz, Peter) (Entered: 12/03/2018)

Dec. 3, 2018 PACER
40

NOTICE OF APPEARANCE by Niji Jain on behalf of Uriel Vazquez Perez. (Jain, Niji) (Entered: 12/04/2018)

Dec. 4, 2018 PACER
41

CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus served. United States Department of Justice served on 11/26/2018, answer due 1/25/2019. Service was made by MAIL. Document filed by Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 12/04/2018)

Dec. 4, 2018 PACER
42

CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus served. Executive Office For Immigration Review served on 11/23/2018, answer due 1/22/2019. Service was made by MAIL. Document filed by Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 12/04/2018)

Dec. 4, 2018 PACER
43

CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus served. United States Department of Homeland Security served on 11/26/2018, answer due 1/25/2019. Service was made by MAIL. Document filed by Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 12/04/2018)

Dec. 4, 2018 PACER
44

CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus served. United States Immigration and Customs Enforcement served on 11/26/2018, answer due 1/25/2019. Service was made by MAIL. Document filed by Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 12/04/2018)

Dec. 4, 2018 PACER
45

CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus served. Thomas Decker served on 11/23/2018, answer due 1/22/2019. Service was made by MAIL. Document filed by Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 12/04/2018)

Dec. 4, 2018 PACER
46

CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus served. James McHenry served on 11/23/2018, answer due 1/22/2019. Service was made by MAIL. Document filed by Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 12/04/2018)

Dec. 4, 2018 PACER
47

CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus served. Kirstjen Nielsen served on 11/26/2018, answer due 1/25/2019. Service was made by MAIL. Document filed by Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 12/04/2018)

Dec. 4, 2018 PACER
48

CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus served. Ronald D. Vitiello served on 11/26/2018, answer due 1/25/2019. Service was made by MAIL. Document filed by Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 12/04/2018)

Dec. 4, 2018 PACER
49

CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus served. Matthew G. Whitaker served on 11/26/2018, answer due 1/25/2019. Service was made by MAIL. Document filed by Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 12/04/2018)

Dec. 4, 2018 PACER
56

MEMO ENDORSEMENT granting 36 Motion. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Alison J. Nathan on 12/3/2018) (cf) (Entered: 12/07/2018)

Dec. 4, 2018 PACER
50

MOTION for Preliminary Injunction . Document filed by Uriel Vazquez Perez.(Markowitz, Peter) (Entered: 12/05/2018)

Dec. 5, 2018 PACER
51

MEMORANDUM OF LAW in Support re: 50 MOTION for Preliminary Injunction . . Document filed by Uriel Vazquez Perez. (Markowitz, Peter) (Entered: 12/05/2018)

Dec. 5, 2018 PACER
52

NOTICE OF APPEARANCE by Johanna Beth Steinberg on behalf of Uriel Vazquez Perez. (Steinberg, Johanna) (Entered: 12/05/2018)

Dec. 5, 2018 PACER
53

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 59 Declaration) - DECLARATION of Alberto A. Casadevall in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Uriel Vazquez Perez. (Attachments: # 1 Exhibit Ex. A-Saenz Decl., # 2 Exhibit Ex. B-Redman Decl., # 3 Exhibit Ex. C-Burr Decl., # 4 Exhibit Ex. D-Vera Eval., # 5 Exhibit Ex. E-Michel Decl., # 6 Exhibit Ex. F-Busse Decl., # 7 Exhibit Ex. G-Hausman Decl., # 8 Exhibit Ex. H-Alzate Decl., # 9 Exhibit Ex. I-Nembhard Decl., # 10 Exhibit Ex. J-Quarey Decl., # 11 Exhibit Ex. K-IJ Benchbook, # 12 Exhibit Ex. L-Form I-200, # 13 Exhibit Ex. M-NTA, # 14 Exhibit Ex. N-Form I-286, # 15 Exhibit Ex. O-Rosenberg Article, # 16 Exhibit Ex. P-Vazquez Perez Decl., # 17 Exhibit Ex. Q-Navarro Decl., # 18 Exhibit Ex. R-Imm. Ct. Prac. Manual, # 19 Exhibit Ex. S-DHS ICE FY 2018 Budget Overview)(Markowitz, Peter) Modified on 12/21/2018 (db). (Entered: 12/05/2018)

Dec. 5, 2018 PACER
54

CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus. Carl E. DuBois served on 12/4/2018, answer due 12/26/2018. Service was made by MAIL. Document filed by Uriel Vazquez Perez. (Pearce, Jacqueline) (Entered: 12/05/2018)

Dec. 5, 2018 PACER
55

ORDER granting 39 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/5/2018) (cf) (Entered: 12/06/2018)

Dec. 5, 2018 PACER

Set/Reset Deadlines: Replies due by 1/15/2019. (cf)

Dec. 5, 2018 PACER
57

NOTICE OF APPEARANCE by Lindsay Cotten Nash on behalf of Uriel Vazquez Perez. (Nash, Lindsay) (Entered: 12/10/2018)

Dec. 10, 2018 PACER
58

AFFIDAVIT OF SERVICE of Summons and Petition for Writ of Habeas Corpus served. Service was made by MAIL. Document filed by Uriel Vazquez Perez. (Attachments: # 1 Exhibit Summonses, # 2 Exhibit Class Petition for Writ of Habeas Corpus and Class Complaint for Declaratory and Injunctive Relief, # 3 Exhibit Electronic Case Filing Rules and Instructions, # 4 Exhibit Individual Rules of the Honorable Alison J. Nathan)(Pearce, Jacqueline) (Entered: 12/13/2018)

Dec. 13, 2018 PACER
59

DECLARATION of Alberto A. Casadevall (CORRECTED) in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Uriel Vazquez Perez. (Attachments: # 1 Exhibit Ex. A-Saenz Decl., # 2 Exhibit Ex. B-Redman Decl., # 3 Exhibit Ex. C-Burr Decl., # 4 Exhibit Ex. D-Vera Eval., # 5 Exhibit Ex. E-Michel Decl., # 6 Exhibit Ex. F-Busse Decl., # 7 Exhibit Ex. G-Hausman Decl., # 8 Exhibit Ex. H-Alzate Decl., # 9 Exhibit Ex. I-Nembhard Decl., # 10 Exhibit Ex. J-Quarey Decl. (CORRECTED), # 11 Exhibit Ex. K-IJ Benchbook, # 12 Exhibit Ex. L-Form I-200, # 13 Exhibit Ex. M-NTA, # 14 Exhibit Ex. N-Form I-286, # 15 Exhibit Ex. O-Rosenberg Article, # 16 Exhibit Ex. P-Vazquez Perez Decl., # 17 Exhibit Ex. Q-Navarro Decl., # 18 Exhibit Ex. R-Imm. Ct. Prac. Manual, # 19 Exhibit Ex. S-DHS ICE FY 2018 Budget Overview)(Pearce, Jacqueline) (Entered: 12/20/2018)

Dec. 20, 2018 PACER
60

STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (rjm) (Entered: 01/02/2019)

Dec. 27, 2018 PACER

Case Stayed (rro)

Dec. 27, 2018 PACER
61

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Lift Stay of Proceedings . Document filed by Uriel Vazquez Perez. (Attachments: # 1 Exhibit DOJ FY 2019 Contingency Plan, # 2 Exhibit Martinez-Sanchez v. Nielsen Order, # 3 Exhibit Reyes v. Bonnar Order, # 4 Exhibit Garcia Ramirez v. U.S. Immigration and Custom Enforcement Order, # 5 Exhibit Da Silva v. Nielsen Order, # 6 Exhibit Lucas R. v. Azar Order, # 7 Exhibit DHS Procedures Relating to a Lapse in Appropriations)(Nash, Lindsay) Modified on 1/31/2019 (db). (Entered: 01/10/2019)

Jan. 10, 2019 PACER
62

LETTER addressed to Judge Alison J. Nathan from Brandon M. Waterman dated January 10, 2019 re: The government's opposition to the petitioner's letter motion to lift the stay (Dkt. No. 61). Document filed by Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker.(Waterman, Brandon) (Entered: 01/10/2019)

Jan. 10, 2019 PACER
63

REPLY to Response to Motion re: 61 FIRST MOTION to Lift Stay of Proceedings . . Document filed by Uriel Vazquez Perez. (Attachments: # 1 Exhibit Dembele v. Decker Order)(Nash, Lindsay) (Entered: 01/11/2019)

Jan. 11, 2019 PACER
64

ORDER: On January 10, 2019, Petitioner asked the Court to lift the stay and order the briefing on the preliminary injunction motion to proceed. Dkt. No. 61. Respondents oppose this request. Dkt. No. 62. Having considered the parties' filings and the subject matter of this action, the Court concludes that a stay of indefinite duration is unwarranted. Petitioner's motion to lift the stay is hereby granted. Respondent's opposition to Petitioner's motion for a preliminary injunction is due on or before January 28, 2019, and Respondent's reply is due on or before February 6, 2019. (Signed by Judge Alison J. Nathan on 1/14/2019) (mro) (Entered: 01/15/2019)

Jan. 15, 2019 PACER

Set/Reset Deadlines: Responses due by 1/28/2019 Replies due by 2/6/2019. (mro)

Jan. 15, 2019 PACER
65

LETTER MOTION for Leave to File Excess Pages addressed to Judge Alison J. Nathan from Brandon M. Waterman dated January 24, 2019. Document filed by Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker.(Waterman, Brandon) (Entered: 01/24/2019)

Jan. 24, 2019 PACER
66

ORDER granting 65 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/25/2019) (cf) (Entered: 01/25/2019)

Jan. 25, 2019 PACER
67

DECLARATION of ACIJ Daniel Daugherty in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Attachments: # 1 Exhibit NYIFUP Letter)(Waterman, Brandon) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
68

DECLARATION of Benjamin McDowell in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Waterman, Brandon) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
69

DECLARATION of AFOD Yvette A. Tay-Taylor in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Waterman, Brandon) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
70

DECLARATION of SDDO Waveney P. Boyd in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Waterman, Brandon) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
71

MEMORANDUM OF LAW in Opposition re: 50 MOTION for Preliminary Injunction . . Document filed by Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Waterman, Brandon) (Entered: 01/29/2019)

Jan. 29, 2019 PACER
72

CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Alison J. Nathan from Brandon M. Waterman dated January 29, 2019. Document filed by Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker.(Waterman, Brandon) (Entered: 01/29/2019)

Jan. 29, 2019 PACER
73

ORDER granting 72 Letter Motion for Extension of Time to File Response/Reply re 50 MOTION for Preliminary Injunction . So Ordered. (Replies due by 2/7/2019.) (Signed by Judge Alison J. Nathan on 1/30/19) (yv) Modified on 8/13/2019 (yv). (Entered: 01/31/2019)

Jan. 31, 2019 PACER
74

NOTICE OF APPEARANCE by Hannah Robbins on behalf of Uriel Vazquez Perez. (Robbins, Hannah) (Entered: 02/06/2019)

Feb. 6, 2019 PACER
75

REPLY MEMORANDUM OF LAW in Support re: 50 MOTION for Preliminary Injunction . . Document filed by Uriel Vazquez Perez. (Nash, Lindsay) (Entered: 02/07/2019)

Feb. 7, 2019 PACER
76

DECLARATION of Kathleen Wahl in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Uriel Vazquez Perez. (Attachments: # 1 Ex. A-Saenz Decl., # 2 Ex. B-van Hemmen)(Nash, Lindsay) (Entered: 02/07/2019)

Feb. 7, 2019 PACER
77

ORDER re: 50 MOTION for Preliminary Injunction . filed by Uriel Vazquez Perez. A hearing in the above-referenced action is hereby scheduled for March 6, 2019 at 3 :30 p.m. On or before February 20, 2019, the parties shall inform the Court whether either is seeking an evidentiary hearing on Petitioner's motion for a preliminary injunction, or whether they prefer to hold oral argument on the papers during that time. In addition, in its opposition to Petitioner's request to lift the stay of this matter, the Government informed the Court that Petitioner has received a hearing and been released on bond. See Dkt. No. 62; see also Dkt. No. 71, at 37 n. 15 (Government suggesting in opposition that Petitioner's claims are moot). On or before February 20, 2019, the Government shall inform the Court whether it takes the position that Petitioner's claims are moot. If the Government does intend to argue mootness, it shall provide support for its position at that time. Petitioner's response, if necessary, shall be due by February 27, 2019. SO ORDERED. (Status Conference set for 3/6/2019 at 03:30 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 2/12/2019) (kv) (Entered: 02/12/2019)

Feb. 12, 2019 PACER
78

MOTION for Paige Parker Austin to Withdraw as Attorney For Petitioner-Plaintiff. Document filed by Uriel Vazquez Perez. (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw as Attorney for Petitioner-Plaintiff)(Austin, Paige) (Entered: 02/13/2019)

Feb. 13, 2019 PACER
79

ORDER GRANTING MOTION TO WITHDRAW AS ATTORNEY FOR PETITIONER-PLAINTIFF granting 78 Motion to Withdraw as Attorney: Paige Austin seeks leave to withdraw as attorney for the plaintiff-petitioner in this matter. As attorneys from the New York Civil Liberties Union, the Cardozo Immigration Justice Clinic, and The Bronx Defenders will continue to represent the petitioner-plaintiff in this matter, this Court concludes that the motion be granted. (Attorney Paige Austin terminated.) (Signed by Judge Alison J. Nathan on 2/14/2019) (jwh) (Entered: 02/15/2019)

Feb. 15, 2019 PACER
80

CONSENT LETTER MOTION for Extension of Time of the deadlines in the Court's Order of February 12, 2019 (Doc. No. 77) addressed to Judge Alison J. Nathan from Brandon M. Waterman dated February 19, 2019. Document filed by Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker.(Waterman, Brandon) (Entered: 02/19/2019)

Feb. 19, 2019 PACER
81

LETTER addressed to Judge Alison J. Nathan from Lindsay Nash dated 02/20/2019 re: February 12, 2019 Order. Document filed by Uriel Vazquez Perez.(Nash, Lindsay) (Entered: 02/20/2019)

Feb. 20, 2019 PACER
82

ORDER granting 80 Letter Motion for Extension of Time. The extension request is hereby granted. The parties shall submit the filings requested in the Court's February 12, 2019 Order no later than February 27, 2019. Any response by Petitioner is due March 6, 2019. The conference is hereby adjourned to March 14, 2019, at 11 a.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/20/2019) (kv) (Entered: 02/21/2019)

Feb. 21, 2019 PACER

Set/Reset Hearings: Status Conference set for 3/14/2019 at 11:00 AM before Judge Alison J. Nathan. (kv)

Feb. 21, 2019 PACER
83

LETTER addressed to Judge Alison J. Nathan from Lindsay Nash dated 02/27/2019 re: Orders of February 12 and 21, 2019. Document filed by Uriel Vazquez Perez.(Nash, Lindsay) (Entered: 02/27/2019)

Feb. 27, 2019 PACER
84

LETTER addressed to Judge Alison J. Nathan from Brandon M. Waterman dated February 27, 2019 re: The government's response to the Court's Order of February 12, 2019 (Doc. No. 77). Document filed by Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker.(Waterman, Brandon) (Entered: 02/27/2019)

Feb. 27, 2019 PACER
85

CONSENT LETTER MOTION for Leave to File Three Supplemental Declarations addressed to Judge Alison J. Nathan from Brandon M. Waterman dated February 27, 2019. Document filed by Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Attachments: # 1 Supplemental Declartion of ACIJ Shiela McNulty, # 2 Supplemental Declaration of Benjamin McDowell, # 3 Supplemental Declaration of AFOD Yvette A. Tay-Taylor)(Waterman, Brandon) (Entered: 02/27/2019)

Feb. 27, 2019 PACER
86

ORDER granting 85 Letter Motion for Leave to File Document. The Government's request to file the supplemental declarations is hereby granted. Plaintiff may file a response no later than March 8, 2019. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/6/2019) (kv) (Entered: 03/06/2019)

March 6, 2019 PACER
87

DECLARATION of ACIJ Shiela McNulty providing factual update to Declaration of ACIJ Daniel Daugherty (Doc. No. 67) in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Waterman, Brandon) (Entered: 03/06/2019)

March 6, 2019 PACER
88

DECLARATION of Benjamin McDowell providing factual update to Declaration of Benjamin McDowell (Doc. No. 68) in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Waterman, Brandon) (Entered: 03/06/2019)

March 6, 2019 PACER
89

DECLARATION of AFOD Yvette A. Tay-Taylor providing factual update to Declaration of AFOD Yvette A. Tay-Taylor (Doc. No. 69) in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Waterman, Brandon) (Entered: 03/06/2019)

March 6, 2019 PACER
90

LETTER MOTION to Adjourn Conference /Adjourn Oral Argument Until A Date Late Next Week addressed to Judge Alison J. Nathan from Brandon M. Waterman dated March 12, 2019. Document filed by Thomas Decker, Carl E. DuBois, Executive Office For Immigration Review, James McHenry, Kirstjen Nielsen, United States Department of Homeland Security, United States Department of Justice, United States Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker.(Waterman, Brandon) (Entered: 03/12/2019)

March 12, 2019 PACER

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 15, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals who have been, or will be, arrested by ICE’s New York Field Office and detained under Section 1226 of Title 8 of the United States Code for removal proceedings and who have not been provided an initial hearing before an immigration judge.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Bronx Defenders

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Justice (Washington, D.C.), Federal

U.S. Department of Homeland Security (Washington, D.C.), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Access to lawyers or judicial system

Confinement/isolation

Fines/Fees/Bail/Bond

Habeas Corpus

Over/Unlawful Detention

Pattern or Practice

Placement in detention facilities

Timeliness of case assignment

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - criteria

Detention - procedures

Undocumented immigrants - rights and duties