Case: Romero v. Evans

1:17-cv-00754 | U.S. District Court for the Eastern District of Virginia

Filed Date: June 29, 2017

Closed Date: June 29, 2021

Clearinghouse coding complete

Case Summary

This case is about an immigration detainee's access to bond hearings under the Immigration and Nationality Act (INA) when that person has been placed in withholding-only proceedings—meaning the person is in custody after either an Immigration Judge (IJ) or asylum officer determined the petitioner has a reasonable fear of persecution/torture if they are deported. The case turned on whether the petitioners were detained under 8 U.S.C. §1226(a)—in which case they would be entitled to a bond hearin…

This case is about an immigration detainee's access to bond hearings under the Immigration and Nationality Act (INA) when that person has been placed in withholding-only proceedings—meaning the person is in custody after either an Immigration Judge (IJ) or asylum officer determined the petitioner has a reasonable fear of persecution/torture if they are deported. The case turned on whether the petitioners were detained under 8 U.S.C. §1226(a)—in which case they would be entitled to a bond hearing or release—or detained under 8 U.S.C. §1231, in which case they would not.

The petitioners were all natives and citizens of Guatemala or El Salvador being held by ICE in immigration proceedings. Each had entered the US without authorization, been removed to their native countries, had subsequently returned to the US and been placed in withholding-only proceedings. The petitioners were represented by the Legal Aid Justice Center and the Yacub Law Firm. The petitioners filed a writ of habeas corpus on June 29, 2017, in the U.S. District Court for the Eastern District of Virginia, arguing that they were being detained under 8 U.S.C. §1226(a) and were thus entitled to a bond hearing or release. An amended petition seeking class-action certification was filed on July 31. Both the petitioners and the government moved for summary judgment, the petitioners on August 15, 2017, and the government on September 8.

In a memorandum opinion from November 17, Judge Leonie M. Brinkema denied the government's motion for summary judgment and granted the petitioner's motion. Judge Brinkema found that the wording of §1226(a) focused on a concrete determination of whether detainees would actually be removed—since the petitioners in this case had yet to face such a determination, Judge Brinkema reasoned that §1226(a) applied to them and thus that petitioners were entitled to bond hearings or release. 280 F. Supp. 3d 835.

The government appealed to the Fourth Circuit on January 12, 2018. The Fourth Circuit consolidated this appeal with an appeal from a very similar case, Diaz v. Hott. On October 10, 2019, upon review of the district court’s analysis of the relevant statutes and the wording of the statutes themselves, the Fourth Circuit affirmed the lower court holdings in both cases and ruled in favor of the petitioners. 940 F.3d 867.

The government petitioned the Supreme Court for a writ of certiorari on January 21, 2020. The Supreme Court granted certiorari on June 15, 2020 and designated the case Johnson v. Guzman Chavez. 141 S.Ct. 107.

On June 29, 2021, the Supreme Court reversed the Fourth Circuit Court of Appeals and ruled in favor of the government. First, the Court held that § 1231 of the INA is the provision which applies to immigration detainees who sought to withhold removal proceedings based on fear of persecution if deported. Second, the Court held that § 1231 of the INA doesn’t allow individualized bond hearings, and that therefore, petitioners are not entitled to such hearings. 141 S.Ct. 2271.

The Supreme Court’s ruling in favor of the government ended the case in favor of the government.

Summary Authors

John Duffield (7/6/2021)

Related Cases

Diaz v. Hott, Eastern District of Virginia (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6163592/parties/romero-v-evans/


Judge(s)

Anderson, John F. (Virginia)

Brinkema, Leonie M. (Virginia)

Harris, Pamela Ann (Maryland)

Peachey, William Charles (District of Columbia)

Richardson, Julius Ness (South Carolina)

Attorneys(s) for Plaintiff

Hughes, Paul W. (District of Columbia)

Kimberly, Michael B. (District of Columbia)

Lyons-Berg, Andrew A. (District of Columbia)

Marritz, Nicholas Cooper (Virginia)

McFarland, Rachel Colleen (Virginia)

Judge(s)

Anderson, John F. (Virginia)

Brinkema, Leonie M. (Virginia)

Harris, Pamela Ann (Maryland)

Peachey, William Charles (District of Columbia)

Richardson, Julius Ness (South Carolina)

Attorneys(s) for Plaintiff

Hughes, Paul W. (District of Columbia)

Kimberly, Michael B. (District of Columbia)

Lyons-Berg, Andrew A. (District of Columbia)

Marritz, Nicholas Cooper (Virginia)

McFarland, Rachel Colleen (Virginia)

Rahman, Anam (Virginia)

Sandoval-Moshenberg, Simon (Virginia)

Stevens, Mark Alastair (Virginia)

Yacub, Ivan (Virginia)

Attorneys(s) for Defendant

Fascett, Lauren E. (District of Columbia)

Francisco, Noel (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Kneedler, Edwin S. (District of Columbia)

Kuhn, Craig (District of Columbia)

McCotter, R. Trent (Virginia)

Readler, Chad Andrew (District of Columbia)

Steffens-Guzman, Gladys (District of Columbia)

Suri, Vivek (District of Columbia)

Ward, Brian Christopher (District of Columbia)

Westwater, Gisela Ann (District of Columbia)

Expert/Monitor/Master

Boente, Dana J. (District of Columbia)

Floyd, Henry Franklin (South Carolina)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 24, 2021 Docket
41

Memorandum Opinion

280 F.Supp.3d 835

Nov. 17, 2017 Order/Opinion
50

Notice of Appeal

Romero v. Hott

Jan. 12, 2018 Pleading / Motion / Brief

Opinion (U.S. Court of Appeals for the Fourth Circuit)

Guzman Chavez v. Hott

U. S. Court of Appeals for the Fourth Circuit

940 F.3d 867

Oct. 10, 2019 Order/Opinion

Petition for a Writ of Certiorari

Albence v. Guzman Chavez

Supreme Court of the United States

Jan. 17, 2020 Pleading / Motion / Brief

Brief in Opposition (Petition for a Writ of Certiorari)

Albence v. Guzman Chavez

Supreme Court of the United States

April 22, 2020 Pleading / Motion / Brief

Reply Brief for Petitioners (Petition for a Writ of Certiorari)

Albence v. Guzman Chavez

Supreme Court of the United States

May 14, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Johnson v. Guzman Chavez

SCOTUS Blog

This is a docket and other information about the case. May 17, 2021 https://www.scotusblog.com/case-files/cases/albence-v-guzman-chavez/

Johnson v. Guzman Chavez

Oyez

Respondents are a class of noncitizens subject to reinstated removal orders, which generally are not open to challenge. However, if a noncitizen has a reasonable fear of persecution or torture in the… June 29, 2021 https://www.oyez.org/cases/2020/19-897

Johnson v. Guzman Chavez

SCOTUSBlog

Holding: The detention of a noncitizen ordered removed from the United States who reenters without authorization is governed by 8 U.S.C. § 1231. <br /> <br />Judgment: Reversed, 6-3, in an opinion by… June 29, 2021 https://www.scotusblog.com/case-files/cases/albence-v-guzman-chavez/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6163592/romero-v-evans/

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

ECF Number Description Date Link
1

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0422-5596023.), filed by Cristian Flores Romero. (Attachments: # 1 Civil Cover Sheet)(acha, ) (Entered: 06/30/2017)

June 29, 2017 PACER
2

ORDERED that within 30 days respondents show cause why the writ should not be granted in re 1 Petition. Signed by District Judge Leonie M. Brinkema on 06/30/2017. (jlan) (Entered: 07/03/2017)

June 30, 2017 PACER
3

Proposed Summons by Cristian Flores Romero. (Attachments: # 1 Summons, # 2 Summons)(Yacub, Ivan) (Entered: 07/10/2017)

July 10, 2017 PACER
4

NOTICE of Appearance by Simon Yehuda Sandoval-Moshenberg on behalf of Cristian Flores Romero (Sandoval-Moshenberg, Simon) (Entered: 07/31/2017)

July 31, 2017 PACER
5

First Amended Petition for Habeas Corpus (Class Action Habeas Petition) Pursuant to 28 U.S.C. Sec. 2241 and Class Action Complaint for Declaratory Relief against Yvonne Evans, Thomas D. Homan, Brenda Cook, Jefferson B. Sessions, filed by Cristian Flores Romero, Maria Angelica Guzman Chavez, Wilber A. Rodriguez Zometa, Danis Faustino Castro Castro, Jose Alfonso Serrano Colocho.(Sandoval-Moshenberg, Simon) (Entered: 07/31/2017)

July 31, 2017 PACER
6

NOTICE by Cristian Flores Romero re 5 Amended Complaint, Notice of Filing Amended Complaint (Sandoval-Moshenberg, Simon) (Entered: 07/31/2017)

July 31, 2017 PACER
7

NOTICE of Appearance by Mark Alastair Stevens on behalf of Danis Faustino Castro Castro (Stevens, Mark) (Entered: 07/31/2017)

July 31, 2017 PACER
8

Response to 2 Order of Prisoner Service (2241) filed by Yvonne Evans, Executive Office for Immigration Review. (McCotter, R.) (Entered: 07/31/2017)

July 31, 2017 PACER
9

NOTICE of Appearance by R. Trent McCotter on behalf of Brenda Cook, Yvonne Evans, Executive Office for Immigration Review, Thomas D. Homan, Jefferson B. Sessions (McCotter, R.) (Entered: 07/31/2017)

July 31, 2017 PACER
10

NOTICE of Appearance by Nicholas Cooper Marritz on behalf of Danis Faustino Castro Castro, Maria Angelica Guzman Chavez, Wilber A. Rodriguez Zometa, Cristian Flores Romero, Jose Alfonso Serrano Colocho (Marritz, Nicholas) (Entered: 07/31/2017)

July 31, 2017 PACER
11

Motion to appear Pro Hac Vice by Adam Hudes and Certification of Local Counsel Simon Sandoval-Moshenberg Filing fee $ 75, receipt number 0422-5643237. by Danis Faustino Castro Castro, Maria Angelica Guzman Chavez, Wilber A. Rodriguez Zometa, Cristian Flores Romero, Jose Alfonso Serrano Colocho. (Sandoval-Moshenberg, Simon) (Entered: 08/01/2017)

Aug. 1, 2017 PACER
12

Motion to appear Pro Hac Vice by Paul Hughes and Certification of Local Counsel Simon Sandoval-Moshenberg Filing fee $ 75, receipt number 0422-5643251. by Danis Faustino Castro Castro, Maria Angelica Guzman Chavez, Wilber A. Rodriguez Zometa, Cristian Flores Romero, Jose Alfonso Serrano Colocho. (Sandoval-Moshenberg, Simon) (Entered: 08/01/2017)

Aug. 1, 2017 PACER
13

ORDER granting 12 Motion to appear Pro Hac Vice by Paul Hughes and Certification of Local Counsel Simon Sandoval-Moshenberg. Signed by District Judge Leonie M. Brinkema on 08/02/2017. (jlan) (Entered: 08/02/2017)

Aug. 1, 2017 PACER
14

ORDER granting 11 Motion to appear Pro Hac Vice by Adam Hudes and Certification of Local Counsel Simon Sandoval-Moshenberg. Signed by District Judge Leonie M. Brinkema on 08/01/2017. (jlan) (Entered: 08/02/2017)

Aug. 1, 2017 PACER
15

NOTICE of Appearance by Anam Rahman on behalf of Wilber A. Rodriguez Zometa. (rban, ) (Entered: 08/07/2017)

Aug. 4, 2017 PACER
16

NOTICE of Appearance by Rachel Colleen McFarland on behalf of Danis Faustino Castro Castro, Maria Angelica Guzman Chavez, Wilber A. Rodriguez Zometa, Cristian Flores Romero, Jose Alfonso Serrano Colocho (McFarland, Rachel) (Entered: 08/07/2017)

Aug. 7, 2017 PACER
17

AGREED ORDER -The parties have conferred and agreed upon a schedule to govern this action. First, the parties have agreed that Petitioners will file a motion for summary judgment on or before August 14, 2017. Second, the parties have agreed that Respondents will file their opposition to Petitioners'motion for summary judgment and any cross-motion for summary judgment or other response to the amended petition and class action complaint on or before September 8, 2017. Signed by District Judge Leonie M. Brinkema on 8/8/17. (gwalk, )See Order for further details (Entered: 08/08/2017)

Aug. 8, 2017 PACER
18

Notice of Under Seal Filing LCvR5 (B) by Danis Faustino Castro Castro, Maria Angelica Guzman Chavez, Wilber A. Rodriguez Zometa, Cristian Flores Romero, Jose Alfonso Serrano Colocho (Sandoval-Moshenberg, Simon) (Entered: 08/14/2017)

Aug. 14, 2017 PACER
19

MOTION to Seal and Redact by Danis Faustino Castro Castro, Maria Angelica Guzman Chavez, Wilber A. Rodriguez Zometa, Cristian Flores Romero, Jose Alfonso Serrano Colocho. (Attachments: # 1 Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 08/14/2017)

Aug. 14, 2017 PACER
20

Memorandum of Law in Support of 24 MOTION for Summary Judgment by Danis Faustino Castro Castro, Maria Angelica Guzman Chavez, Wilber A. Rodriguez Zometa, Cristian Flores Romero, Jose Alfonso Serrano Colocho. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC)(Sandoval-Moshenberg, Simon) Modified docket text on 8/15/2017 (clar, ). Modified docket entry relationship on 8/15/2017 (clar, ). (Entered: 08/14/2017)

Aug. 14, 2017 PACER
21

Notice of Hearing Date set for October 6, 2017, at 10:00am re 24 MOTION for Summary Judgment (Sandoval-Moshenberg, Simon) Modified docket entry relationship on 8/15/2017 (clar, ). (Entered: 08/14/2017)

Aug. 14, 2017 PACER
22

Sealed Attachment/Exhibit(s) re 20 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC)(Sandoval-Moshenberg, Simon) (Entered: 08/14/2017)

Aug. 14, 2017 PACER
23

ORDER - It is hereby ORDERED that Petitioners' Motion to Seal and Redact is GRANTED. Signed by District Judge Leonie M. Brinkema on 8/14/17. (gwalk, ) (Entered: 08/14/2017)

Aug. 14, 2017 PACER

Notice of Correction re 21 Notice of Hearing Date. The filing user has been notified to file the document separately for each motion relief (clar, )

Aug. 15, 2017 PACER
24

MOTION for Summary Judgment on Counts I and II by Danis Faustino Castro Castro, Maria Angelica Guzman Chavez, Wilber A. Rodriguez Zometa, Cristian Flores Romero, Jose Alfonso Serrano Colocho. (Sandoval-Moshenberg, Simon) (Entered: 08/15/2017)

Aug. 15, 2017 PACER

Set Deadlines as to 24 MOTION for Summary Judgment on Counts I and II. Motion Hearing set for 10/6/2017 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )

Aug. 15, 2017 PACER
25

NOTICE of Voluntary Dismissal of Count III Only by Cristian Flores Romero (Sandoval-Moshenberg, Simon) (Entered: 08/25/2017)

Aug. 25, 2017 PACER
26

So Ordered in re 25 Notice of Voluntary Dismissal filed by Cristian Flores Romero. Signed by District Judge Leonie M. Brinkema on 08/29/2017. (jlan) (Entered: 08/29/2017)

Aug. 29, 2017 PACER
27

MOTION to Dismiss for Lack of Jurisdiction In Part by Yvonne Evans, Thomas D. Homan, Jefferson B. Sessions. (McCotter, R.) (Entered: 09/08/2017)

Sept. 8, 2017 PACER
28

MOTION for Summary Judgment by Yvonne Evans, Thomas D. Homan, Jefferson B. Sessions. (McCotter, R.) (Entered: 09/08/2017)

Sept. 8, 2017 PACER
29

Memorandum in Support re 27 MOTION to Dismiss for Lack of Jurisdiction In Part, 28 MOTION for Summary Judgment filed by Yvonne Evans, Thomas D. Homan, Jefferson B. Sessions. (Attachments: # 1 Exhibit Romero Declaration, # 2 Exhibit Zometa Declaration, # 3 Exhibit Colocho Declaration, # 4 Exhibit Castro Declaration, # 5 Exhibit Guzman Documents)(McCotter, R.) (Entered: 09/08/2017)

Sept. 8, 2017 PACER
30

Memorandum in Opposition re 24 MOTION for Summary Judgment on Counts I and II filed by Yvonne Evans, Thomas D. Homan, Jefferson B. Sessions. (Attachments: # 1 Exhibit Romero Declaration, # 2 Exhibit Zometa Declaration, # 3 Exhibit Colocho Declaration, # 4 Exhibit Castro Declaration, # 5 Exhibit Guzman Documents)(McCotter, R.) (Entered: 09/08/2017)

Sept. 8, 2017 PACER
31

Notice of Hearing Date set for October 6, 2017 re 27 MOTION to Dismiss for Lack of Jurisdiction In Part, 28 MOTION for Summary Judgment (McCotter, R.) (Entered: 09/08/2017)

Sept. 8, 2017 PACER

Set Deadlines as to 27 MOTION to Dismiss for Lack of Jurisdiction In Part, 28 MOTION for Summary Judgment . Motion Hearing set for 10/6/2017 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (dvanm, )

Sept. 11, 2017 PACER
32

NOTICE of Voluntary Dismissal of Plaintiff Wilber Rodriguez Zometa only by Wilber A. Rodriguez Zometa (Sandoval-Moshenberg, Simon) (Entered: 09/21/2017)

Sept. 21, 2017 PACER
33

So Ordered in re 32 Notice of Voluntary Dismissal filed by Wilber A. Rodriguez Zometa. Signed by District Judge Leonie M. Brinkema on 06/21/2017. (jlan) (Entered: 09/22/2017)

Sept. 21, 2017 PACER
34

Memorandum in Opposition re 27 MOTION to Dismiss for Lack of Jurisdiction In Part filed by Maria Angelica Guzman Chavez. (McFarland, Rachel) (Entered: 09/22/2017)

Sept. 22, 2017 PACER
35

REPLY to Response to Motion re 28 MOTION for Summary Judgment, 24 MOTION for Summary Judgment on Counts I and II, 20 MOTION for Summary Judgment Petitioners' Reply in Support of Motion for Summary Judgment and Opposition to Respondents' Cross-Motion for Summary Judgment filed by Danis Faustino Castro Castro, Maria Angelica Guzman Chavez, Cristian Flores Romero, Jose Alfonso Serrano Colocho. (Sandoval-Moshenberg, Simon) (Entered: 09/22/2017)

Sept. 22, 2017 PACER
36

REPLY to Response to Motion re 27 MOTION to Dismiss for Lack of Jurisdiction In Part, 28 MOTION for Summary Judgment filed by Yvonne Evans, Thomas D. Homan, Jefferson B. Sessions. (McCotter, R.) (Entered: 09/29/2017)

Sept. 29, 2017 PACER
37

Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 10/6/2017. Appearances of counsel. 27 MOTION to Dismiss for Lack of Jurisdiction In Part, 28 MOTION for Summary Judgment 24 MOTION for Summary Judgment on Counts I and II are argued and TAKEN UNDER ADVISEMENT. (Court Reporter A. Thomson.)(yguy) (Entered: 10/06/2017)

Oct. 6, 2017 PACER
38

Sealed Affidavit (yguy) (Entered: 10/06/2017)

Oct. 6, 2017 PACER
39

Sealed Declaration (yguy) (Entered: 10/06/2017)

Oct. 6, 2017 PACER
40

TRANSCRIPT of proceedings held on 10/6/2017, before Judge Leonie M. Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/14/2017. Redacted Transcript Deadline set for 12/15/2017. Release of Transcript Restriction set for 1/16/2018.(thomson, anneliese) (Main Document 40 replaced on 10/20/2017) (klau, ). (Entered: 10/15/2017)

Oct. 15, 2017 PACER
41

MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 11/17/2017. (rban, ) (Entered: 11/17/2017)

Nov. 17, 2017 RECAP
42

ORDER, for the reasons stated in the accompanying Memorandum Opinion, respondents' Motion to Dismiss in Part 27 is GRANTED, petitioner's Motion for Summary Judgment 24 is GRANTED, and respondents' Motion for Summary Judgment 28 is DENIED; that petitioner Maria Angelica Guzman Chavez's claims be and are DISMISSED WITHOUT PREJUDICE; that judgment be and is entered in favor of the remaining petitioners; that respondents provide petitioners with an individualized bond hearing within 30 days of this Order. Signed by District Judge Leonie M. Brinkema on 11/17/2017. (rban, ) (Entered: 11/17/2017)

Nov. 17, 2017 PACER
43

CLERK'S JUDGMENT. Pursuant to the order of this Court entered on 11/17/2017 and in accordance with Federal Rules of Civil Procedure 58, JUDGMENT is hereby entered in favor of Cristian Flores Romero, Danis Faustino Castro Castro, and Jose Alfonso Serrano Colocho and against Yvonne Evans, Executive Office for Immigration Review, Thomas D. Homan, Brenda Cook, and Jefferson B. Sessions. (rban, ) (Entered: 11/17/2017)

Nov. 17, 2017 PACER
44

NOTICE by Danis Faustino Castro Castro, Jose Alfonso Serrano Colocho Letter to the Court (Sandoval-Moshenberg, Simon) (Entered: 12/01/2017)

Dec. 1, 2017 PACER
45

Opposition to 44 NOTICE filed by Brenda Cook, Yvonne Evans, Executive Office for Immigration Review, Thomas D. Homan, Jefferson B. Sessions. (McCotter, R.) (Entered: 12/04/2017)

Dec. 4, 2017 PACER
46

Joint MOTION to Amend/Correct 41 Memorandum Opinion, 43 Clerk's Judgment, 42 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Summary Judgment,,,,,,, by Brenda Cook, Yvonne Evans, Executive Office for Immigration Review, Thomas D. Homan, Jefferson B. Sessions. (McCotter, R.) (Entered: 12/05/2017)

Dec. 5, 2017 PACER
47

Waiver of re 46 Joint MOTION to Amend/Correct 41 Memorandum Opinion, 43 Clerk's Judgment, 42 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Summary Judgment,,,,,,, ORAL ARGUMENT by Brenda Cook, Yvonne Evans, Executive Office for Immigration Review, Thomas D. Homan, Jefferson B. Sessions (McCotter, R.) (Entered: 12/05/2017)

Dec. 5, 2017 PACER
48

Reply to 44 NOTICE, 45 Opposition filed by Danis Faustino Castro Castro, Cristian Flores Romero, Jose Alfonso Serrano Colocho. (Sandoval-Moshenberg, Simon) (Entered: 12/06/2017)

Dec. 6, 2017 PACER
49

ORDER granting in part and denying in part 46 Motion to Amend/Correct, and it is hereby ORDERED that the Order issued on November 17, 2017 42 does not apply to Cristian Flores Romero because he was removed from the United States of America on November 3, 2017. Signed by District Judge Leonie M. Brinkema on 12/7/2017. (lcre, ) (Entered: 12/07/2017)

Dec. 7, 2017 PACER
50

NOTICE OF APPEAL as to 41 Memorandum Opinion, 43 Clerk's Judgment, 42 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Summary Judgment,,,,,,, 49 Order on Motion to Amend/Correct, by Brenda Cook, Yvonne Evans, Executive Office for Immigration Review, Thomas D. Homan, Jefferson B. Sessions. (McCotter, R.) (Entered: 01/12/2018)

Jan. 12, 2018 RECAP
51

Transmission of Notice of Appeal to US Court of Appeals in re 50 Notice of Appeal, (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (jlan) (Entered: 01/25/2018)

Jan. 25, 2018 PACER
52

USCA Case Number 18-6086 4th Circuit Case Manager C. Herb for 50 Notice of Appeal, filed by Brenda Cook, Jefferson B. Sessions, Yvonne Evans, Thomas D. Homan, Executive Office for Immigration Review. (lcre, ) (Entered: 01/26/2018)

Jan. 25, 2018 PACER
53

ORDER of USCA as to 50 Notice of Appeal- Upon consideration of submissions relative to the motion to consolidate, the court grants the motion and consolidates Case No. 18-6086 and Case No. 18-6419. (lcre, ) (Entered: 06/20/2018)

June 20, 2018 PACER
54

Published Opinion of USCA re 50 Notice of Appeal-Affirmed. (lcre, ) (Entered: 10/10/2019)

Oct. 10, 2019 PACER
55

USCA JUDGMENT as to 50 Notice of Appeal. In accordance with the decision of this court, the judgments of the district court are affirmed.(lcre, ) (Entered: 10/10/2019)

Oct. 10, 2019 PACER
56

USCA Mandate re 50 Notice of Appeal. The judgment of this court, entered October 10, 2019, takes effect today. (lcre, ) (Entered: 02/14/2020)

Feb. 14, 2020 PACER
57

Letter to the court from USCA, please transmit the record to the U.S. Supreme Court. (jlan) (Entered: 12/29/2020)

Dec. 29, 2020 PACER

Appeal Record transmitted to the Supreme Court via email per request 57 Letter to the court from USCA, please transmit the record to the U.S. Supreme Court. (jlan)

Dec. 31, 2020 PACER
58

ORDER of USCA as to 50 Notice of Appeal. The court grants the motion to withdraw from further representation on appeal.(lcre, ) (Entered: 01/15/2021)

Jan. 15, 2021 PACER
59

USCA JUDGMENT as to 50 Notice of Appeal, filed by Brenda Cook, Jefferson B. Sessions, Yvonne Evans, Thomas D. Homan, Executive Office for Immigration Review. The Supreme Court of the United States has remanded this case to this court for further action. In accordance with the decision of this court, the opinion entered October 10, 2019, is vacated. This case is remanded to the district court for further consideration. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (lber) (Entered: 08/25/2021)

Aug. 24, 2021 PACER
60

ORDER of USCA as to 50 Notice of Appeal, filed by Brenda Cook, Jefferson B. Sessions, Yvonne Evans, Thomas D. Homan, Executive Office for Immigration Review. This case was decided by published authored opinion on October 10, 2019, and the mandate issued on February 14, 2020. Upon consideration of the United States Supreme Courts August 2, 2021, certified judgment reversing this courts decision, the court recalls its mandate, vacates its opinion, and remands this case to the district court for further proceedings consist with the United States Supreme Courts decision in Johnson v. Guzman Chavez, 141 S. Ct. 2271 (2021). The clerk shall forward a copy of this order to the district court. Entered at the direction of Judge Harris with the concurrence of Judge Floydand Judge Richardson. (lber) (Entered: 08/25/2021)

Aug. 24, 2021 PACER

State / Territory: Virginia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 29, 2017

Closing Date: June 29, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are each immigration detainees who had been deported to their native countries, had returned to the US out of fear of potential harm in their native countries, and had been found by USCIS to have had a reasonable fear of harm/death if deported again.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Citizenship and Immigration Services (Washington D.C.), Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Fines/Fees/Bail/Bond

Habeas Corpus

Over/Unlawful Detention

Placement in detention facilities

Type of Facility:

Government-run

Immigration/Border:

Asylum - procedure

Detention - criteria

Detention - procedures