Flores Tejada v. Godfrey 2:16-cv-01454 (W.D. Wash.) | Civil Rights Litigation Clearinghouse

Case: Flores Tejada v. Godfrey

2:16-cv-01454 | U.S. District Court for the Western District of Washington

Filed Date: Sept. 14, 2016

Case Ongoing

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Case Summary

On September 14, 2016, a Mexican citizen who had been previously detained at the Northwest Detention Center in Tacoma, WA, filed this class action lawsuit in the U.S. District Court for the Western District of Washington. The plaintiff sued the local Field Office Director of Immigration and Customs Enforcement (ICE), the Director of ICE, the Secretary of the Department of Homeland Security, the Director of the Executive Office for Immigration Review, the Attorney General of the U.S., and the warden of the Northwest Detention Center under the Immigration and Nationality Act (8 U.S.C. §§ 1101 et seq.) (INA), the Administrative Procedure Act (5 U.S.C. §§ 701 et seq.), the Suspension Clause of the U.S. Constitution, Habeas Corpus (28 U.S.C. § 2241), and the All Writs Act (28 U.S.C. §§ 1331, 1361, and 1651). Represented by the Northwest Immigrant Rights Project, the plaintiff sought a writ of habeas corpus, declaratory relief, injunctive relief, and attorneys' fees. The plaintiff claimed that the defendants denied him his due process rights and violated the INA by detaining plaintiff class members for more than six months and by not offering individualized custody redetermination hearings (also known as bond hearings) before an Immigration Judge after having been found by asylum officers to have a reasonable fear of persecution or torture.

Specifically, the defendants had previously determined that Immigration Judges do not have jurisdiction over custody hearings for persons fleeing persecution and torture and placed in "withholding only" proceedings under the Procedures for Asylum and Withholding Removal (8 C.F.R. § 1208). However, the Ninth Circuit Court of Appeals had held that persons in immigration proceedings facing detention of six months or longer are entitled to a custody hearing. Rodriguez v. Robbins, 804 F.3d 1060 (9th Cir. 2015). An Immigration Judge could issue a custody redetermination on whether the person presents a flight risk or threat to the community, or whether the noncitizen is entitled to be released during the immigration proceedings. As a result of the defendants' determination, persons in withholding only proceedings remained incarcerated in federal facilities and private prisons (e.g. the Northwest Detention Center) often for more than a year, and sometimes for multiple years.

The case was assigned to Judge James L. Robart. On October 19, 2016, the defendants moved to stay the petition for writ of habeas corpus. The next day, the plaintiff moved to certify the following class definition: "All individuals detained in the Western District of Washington who are placed in withholding only proceedings under 8 C.F.R. § 1208.31(e) who, (1) are thereafter denied an individualized custody determination before an Immigration Judge or, (2) on or before six months of civil immigration detention, are not provided automatic individualized custody hearings where Defendants must justify their continued detention."

The defendants filed a motion to dismiss on November 7, 2016. Regarding their previous motion to stay, the district court denied it on November 29, 2016. Two days later, the plaintiff moved for a preliminary injunction.

The plaintiff filed an amended complaint on January 31, 2017. The changes included adding more named plaintiffs and revising the class definition so as to remove any ambiguity that the named plaintiffs belonged to the plaintiff class. On February 8, the plaintiffs amended the motion to certify the plaintiff class with the new class definition, which removed the first definition's specificity around denied custody hearings: "All individuals who are placed in withholding only proceedings under 8 C.F.R. § 1208.31(e) in the Western District of Washington who are detained or subject to an order of detention." On February 27, 2017, the defendants filed a second motion to dismiss for the newly-added named plaintiffs.

The district court ruled on both motions to dismiss on July 11, 2017. It granted the first motion, which was directed at the claims of the original named plaintiff, and denied the second motion. For the first motion, the district court held that the plaintiff lacked standing because he was already released from detention and failed to show "a sufficient likelihood" of the defendants detaining him again. On August 4, 2017, the defendants filed an amended motion to dismiss.

On September 13, 2017, the district court denied the plaintiffs' motion for a preliminary injunction, in part with prejudice and in part without. Because the original named plaintiff's claims were dismissed, his request for injunctive relief was denied with prejudice. The district court also denied with prejudice preliminary injunctive relief regarding immediate custody hearings after being placed in withholding only proceedings because the Ninth Circuit recently held that the plaintiffs were not entitled to those immediate hearings. Padilla-Ramirez v. Bible, 862 F.3d 881 (9th Cir. 2017). For the issue of custody hearings after a prolonged detention, the district court denied without prejudice preliminary relief because of the pending motions for dismissal and class certification.

The district court certified the following version of the plaintiff class definition on December 11, 2017: "All individuals who (1) were placed in withholding only proceedings under 8 C.F.R. § 1208.31(e) in the Western District of Washington after having a removal order reinstated, and (2) have been detained for 180 days (a) without a custody hearing or (b) since receiving a custody hearing." This version added back elements regarding custody hearings and the length of detention that the first amended complaint had dropped.

The plaintiffs moved for summary judgment on December 14, 2017, asking the district court to declare the defendants' actions unlawful and to order the defendants to provide all class members with individualized custody hearings. They argued that the defendants, by asserting that the plaintiffs were not entitled to the individualized hearings, had agreed that it was their policy to deny these hearings. The defendants filed a cross motion for summary judgment on January 8, 2018.

On April 4, 2018, the district court granted in part and denied in part both summary judgment motions and granted injunctive relief. It granted summary judgment for the plaintiffs—they were entitled to automatic custody hearings after six months of detention. It also granted summary judgment for the plaintiffs for their due process claim as a result. On the other hand, the district court granted summary judgment for the defendants for the due process claim. It also enjoined the defendants from enforcing the policy of not providing individualized custody hearings every six months, holding that the defendants violated the INA by failing to provide those hearings.

The defendants appealed to the Ninth Circuit on May 30, 2018. Meanwhile, back in the trial court on April 4, 2019, the defendants moved for relief from the district court's order. The district court deferred its ruling on June 4, 2019, pending the Ninth Circuit's decision.

The Ninth Circuit heard oral argument on November 13, 2019. On April 7, 2020, it remanded the case, affirming in part and reversing and vacating in part the district court's opinion. The Ninth Circuit applied its holding in Aleman Gonzalez v. Sessions and affirmed the parts of the injunction (from April 4, 2018) that required the defendants to provide individualized hearings after six months when the class member's release was not imminent and to justified continued detention with clear and convincing evidence. However, the Ninth Circuit reversed and vacated the judgment that the defendants hold additional hearings every six months because no such requirement was explicitly found in previous cases or statutes. Because the district court had used this finding of requiring additional hearings to rule on the plaintiffs' due process claim, the Ninth Circuit remanded the case for reconsideration of the due process claim. 955 F.3d 762 (9th Cir. 2020).

On June 24, 2020, the parties moved to stay proceedings, which the district court granted on June 25, because the defendants were deciding whether to file a petition for writ of certiorari with the Supreme Court. Because of the COVID-19 pandemic, the Supreme Court had extended the time to file a petition, and so case proceedings were stayed until September 5, 2020.

The defendants filed a petition to the Supreme Court on September 4, 2020, for both this case and Aleman Gonzalez v. Sessions. The petition and briefs were distributed on January 8, 2021.

On June 13, 2022, the Court reversed and remanded the lower court's ruling. The Court ruled that the Immigration and Nationality Act, 66 Stat. 208, as amended, 8 U.S.C. §1252(f)(1), deprives courts the ability to entertain class-wide injunctive relief for aliens. This case is ongoing.

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Summary Authors

Lauren Yu (4/15/2021)

Andrew Bialek (11/7/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4537631/parties/martinez-banos-v-asher/

Judge(s)

Fernandez, Ferdinand Francis (California)

Miller, Eric David (Washington)

Robart, James L. (Washington)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Kang, Leila (Washington)

Korthuis, Aaron (Washington)

Madrid, Glenda Melinda Aldana (Washington)

Attorneys(s) for Defendant

Saeed, Sairah G. (District of Columbia)

Steffens Guzman, Gladys M. (District of Columbia)

Judge(s)

Fernandez, Ferdinand Francis (California)

Miller, Eric David (Washington)

Robart, James L. (Washington)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Kang, Leila (Washington)

Korthuis, Aaron (Washington)

Madrid, Glenda Melinda Aldana (Washington)

Attorneys(s) for Defendant

Saeed, Sairah G. (District of Columbia)

Steffens Guzman, Gladys M. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:16-cv-01454 0:18-35460	Docket [PACER] Martinez Banos v. Asher	Oct. 22, 2020	Oct. 22, 2020 Docket
1 2:16-cv-01454	Petition for Writ of Habeas Corpus and Class Action Complaint Martinez Banos v. Asher	Sept. 14, 2016	Sept. 14, 2016 Complaint
38 2:16-cv-01454	Amended Petition for Writ of Habeas Corpus and Class Action Complaint Martinez Banos v. Asher	Jan. 31, 2017	Jan. 31, 2017 Complaint
53 2:16-cv-01454	Order Martinez Banos v. Asher	July 11, 2017	July 11, 2017 Order/Opinion
63 2:16-cv-01454	Order on Motion for Preliminary Injunction Martinez Banos v. Asher	Sept. 13, 2017	Sept. 13, 2017 Order/Opinion
63 2:16-cv-01454	Order on Motion for Preliminary Injunction Banos v. Asher	Sept. 13, 2017	Sept. 13, 2017 Order/Opinion
72 2:16-cv-01454	Plaintiffs' Motion for Summary Judgment Martinez Banos v. Asher	Dec. 14, 2017	Dec. 14, 2017 Pleading / Motion / Brief
77-1 2:16-cv-01454	Order on Cross-Motions for Summary Judgment Martinez Banos v. Asher	Jan. 23, 2018	Jan. 23, 2018 Order/Opinion
83 2:16-cv-01454	Order Adopting Report and Recommendation Martinez Banos v. Asher	April 4, 2018	April 4, 2018 Order/Opinion
92 2:16-cv-01454	Protective Order Banos v. Godfrey	May 24, 2018	May 24, 2018 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Barr v. Aleman Gonzalez SCOTUSblog	Issue: Whether an alien who is detained under 8 U.S.C. § 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge that …	Dec. 23, 2020	Dec. 23, 2020 https://www.scotusblog.com/...
Impact Litigation Northwest Immigrant Rights Project	When laws and policies are unjust, we work for systemic change. During the last decade, we have positively affected many important cases with implications for national immigration laws. Our impact li…		https://www.nwirp.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4537631/martinez-banos-v-asher/

Last updated May 28, 2023, 3:07 a.m.

ECF Number	Description	Date	Link Date / Link
1	PETITION for Writ of Habeas Corpus (Receipt # 0981-4601224), filed by Arturo Martinez Banos. (Attachments: # 1 Exhibit Exh. A, BIA Order, # 2 Exhibit Exh. B, IJ Orders, # 3 Civil Cover Sheet, # 4 Summons Summons Asher, # 5 Summons Summons Saldana, # 6 Summons Summons Johnson, # 7 Summons Summons Osuna, # 8 Summons Summons Lynch, # 9 Summons Summons Clark)(Adams, Matt) (Entered: 09/14/2016)	Sept. 14, 2016	Sept. 14, 2016 Clearinghouse
2	Summons electronically issued as to defendant(s) Nathalie Asher, Lowell Clark, Jeh Johnson, Loretta E. Lynch, Juan P. Osuna, Sarah R Saldana. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(ST) (Entered: 09/15/2016)	Sept. 15, 2016	Sept. 15, 2016 PACER
	Judge James L. Robart and Hon. Brian A Tsuchida added. (ST)	Sept. 15, 2016	Sept. 15, 2016 PACER
	NOTICE TO FILER: Upon case opening, the filer is responsible for entering party text exactly as it appears on the complaint. For example, "Secretary of the Department of Homeland Security" should have been added as party text for Jeh Johnson . In addition, the parties roles should have been entered as Petitioner and Respondent. If you have questions about party text or party roles, please refer to the Attorney's Guide to Opening a Civil Case on the court's website at wawd.uscourts.gov. The docket has been corrected. Thank you. (ST)	Sept. 15, 2016	Sept. 15, 2016 PACER
3	SERVICE ORDER by Hon. Brian A Tsuchida. On or before October 21, 2016, the petitioner shall file a motion for class certification or the parties shall file a joint status report. Counsel for petitioner shall inform the Court immediately should the petitioner decides not to seek class certification. If petitioner's custody status changes at any point, the parties shall file a status update with the Court as soon as possible and no later than 14 days after the change. (ST) (Entered: 09/22/2016)	Sept. 21, 2016	Sept. 21, 2016 PACER
4	NOTICE of Appearance by attorney Gladys M. Steffens Guzman on behalf of Respondents Nathalie Asher, Lowell Clark, Jeh Johnson, Loretta E. Lynch, Juan P. Osuna, Sarah R Saldana. (Steffens Guzman, Gladys) (Entered: 10/19/2016)	Oct. 19, 2016	Oct. 19, 2016 PACER
5	MOTION to Stay re 1 Petition for Writ of Habeas Corpus, 3 Order,, by Respondents Nathalie Asher, Lowell Clark, Jeh Johnson, Loretta E. Lynch, Juan P. Osuna, Sarah R Saldana. (Attachments: # 1 Proposed Order) Noting Date 11/4/2016, (Steffens Guzman, Gladys) (Entered: 10/19/2016)	Oct. 19, 2016	Oct. 19, 2016 PACER
6	MOTION to Certify Class by Petitioner Arturo Martinez Banos. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 11/11/2016, (Adams, Matt) (Entered: 10/20/2016)	Oct. 20, 2016	Oct. 20, 2016 PACER
7	DECLARATION of Trina Realmuto filed by Petitioner Arturo Martinez Banos re 6 MOTION to Certify Class (Attachments: # 1 Exhibit Exh. A)(Adams, Matt) (Entered: 10/20/2016)	Oct. 20, 2016	Oct. 20, 2016 PACER
8	DECLARATION of Timothy Warden-Hertz filed by Petitioner Arturo Martinez Banos re 6 MOTION to Certify Class (Adams, Matt) (Entered: 10/20/2016)	Oct. 20, 2016	Oct. 20, 2016 PACER
9	DECLARATION of Elizabeth Benki filed by Petitioner Arturo Martinez Banos re 6 MOTION to Certify Class (Adams, Matt) (Entered: 10/20/2016)	Oct. 20, 2016	Oct. 20, 2016 PACER
10	DECLARATION of Matt Adams filed by Petitioner Arturo Martinez Banos re 6 MOTION to Certify Class (Adams, Matt) (Entered: 10/20/2016)	Oct. 20, 2016	Oct. 20, 2016 PACER
11	NOTICE of Appearance by attorney Leila Kang on behalf of Petitioner Arturo Martinez Banos. (Kang, Leila) (Entered: 10/28/2016)	Oct. 28, 2016	Oct. 28, 2016 PACER
12	RESPONSE, by Petitioner Arturo Martinez Banos, to 5 MOTION to Stay re 1 Petition for Writ of Habeas Corpus, 3 Order,, . (Adams, Matt) (Entered: 10/31/2016)	Oct. 31, 2016	Oct. 31, 2016 PACER
13	MOTION for Extension of Time to Oppose Motion to Certify Class Until Such Time as the Court Adjudicates the Pending Motion to Stay Proceedings by Respondents Nathalie Asher, Lowell Clark, Jeh Johnson, Loretta E. Lynch, Juan P. Osuna, Sarah R Saldana. (Attachments: # 1 Proposed Order) Noting Date 11/11/2016, (Steffens Guzman, Gladys) (Entered: 10/31/2016)	Oct. 31, 2016	Oct. 31, 2016 PACER
14	REPLY, filed by Respondents Nathalie Asher, Lowell Clark, Jeh Johnson, Loretta E. Lynch, Juan P. Osuna, Sarah R Saldana, TO RESPONSE to 5 MOTION to Stay re 1 Petition for Writ of Habeas Corpus, 3 Order,, (Steffens Guzman, Gladys) (Entered: 11/04/2016)	Nov. 4, 2016	Nov. 4, 2016 PACER
15	RESPONSE, by Petitioner Arturo Martinez Banos, to 13 MOTION for Extension of Time to Oppose Motion to Certify Class Until Such Time as the Court Adjudicates the Pending Motion to Stay Proceedings. (Adams, Matt) (Entered: 11/04/2016)	Nov. 4, 2016	Nov. 4, 2016 PACER
16	MOTION to Dismiss All Individual Claims by Respondents Nathalie Asher, Lowell Clark, Jeh Johnson, Loretta E. Lynch, Juan P. Osuna, Sarah R Saldana. (Attachments: # 1 Exhibit A, # 2 Exhibit A - continued, # 3 Proposed Order) Noting Date 12/2/2016, (Steffens Guzman, Gladys) (Entered: 11/07/2016)	Nov. 7, 2016	Nov. 7, 2016 PACER
17	RESPONSE, by Respondents Nathalie Asher, Lowell Clark, Jeh Johnson, Loretta E. Lynch, Juan P. Osuna, Sarah R Saldana, to 6 MOTION to Certify Class . Oral Argument Requested. (Steffens Guzman, Gladys) (Entered: 11/07/2016)	Nov. 7, 2016	Nov. 7, 2016 PACER
18	REPLY, filed by Petitioner Arturo Martinez Banos, TO RESPONSE to 6 MOTION to Certify Class (Kang, Leila) (Entered: 11/11/2016)	Nov. 11, 2016	Nov. 11, 2016 PACER
19	ORDER by Hon. Brian A Tsuchida denying as moot Government's 13 Motion for Extension of Time to oppose Mr. Martinez's motion for class certification. (AD) (Entered: 11/21/2016)	Nov. 21, 2016	Nov. 21, 2016 PACER
20	NOTICE of Appearance by attorney Glenda Melinda Aldana Madrid on behalf of Petitioner Arturo Martinez Banos. (Aldana Madrid, Glenda) (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
21	RESPONSE, by Petitioner Arturo Martinez Banos, to 16 MOTION to Dismiss All Individual Claims. Oral Argument Requested. (Aldana Madrid, Glenda) (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
22	ORDER denying the Government's 5 Motion to Stay. Signed by Hon. Brian A Tsuchida. (PM) (Entered: 11/29/2016)	Nov. 29, 2016	Nov. 29, 2016 PACER
23	MOTION for Preliminary Injunction by Petitioner Arturo Martinez Banos. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 12/23/2016, (Aldana Madrid, Glenda) (Entered: 12/01/2016)	Dec. 1, 2016	Dec. 1, 2016 PACER
24	REPLY, filed by Respondents Nathalie Asher, Lowell Clark, Jeh Johnson, Loretta E. Lynch, Juan P. Osuna, Sarah R Saldana, TO RESPONSE to 16 MOTION to Dismiss All Individual Claims (Steffens Guzman, Gladys) (Entered: 12/02/2016)	Dec. 2, 2016	Dec. 2, 2016 PACER
25	ORDER SETTING ORAL ARGUMENT ON MOTION FOR CLASS CERTIFICATION AND DIRECTING ADDITIONAL BRIEFING; re Arturo Martinez Banos's 6 MOTION to Certify Class : Motion Hearing set for 2/1/2017 at 10:00 AM in Courtroom 12B before Hon. Brian A Tsuchida by Hon. Brian A Tsuchida. (RS) (Entered: 12/13/2016)	Dec. 13, 2016	Dec. 13, 2016 PACER
26	RESPONSE, by Respondents Nathalie Asher, Lowell Clark, Jeh Johnson, Loretta E. Lynch, Juan P. Osuna, Sarah R Saldana, to 23 MOTION for Preliminary Injunction . (Steffens Guzman, Gladys) (Entered: 12/16/2016)	Dec. 16, 2016	Dec. 16, 2016 PACER
27	REPLY, filed by Petitioner Arturo Martinez Banos, TO RESPONSE to 23 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 12/23/2016)	Dec. 23, 2016	Dec. 23, 2016 PACER
28	MOTION for Leave to File Amended Complaint, filed by Petitioner Arturo Martinez Banos. Oral Argument Requested. (Attachments: # 1 Exhibit Amended Complaint with accompanying exhibits, # 2 Proposed Order) Noting Date 1/27/2017, (Aldana Madrid, Glenda) (Entered: 01/09/2017)	Jan. 9, 2017	Jan. 9, 2017 PACER
29	RESPONSE by Respondents Nathalie Asher, Lowell Clark, Jeh Johnson, Loretta E. Lynch, Juan P. Osuna, Sarah R Saldana re 25 Order Setting Hearing on Motion, (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Steffens Guzman, Gladys) (Entered: 01/13/2017)	Jan. 13, 2017	Jan. 13, 2017 PACER
30	STIPULATION by parties re 25 Order Setting Hearing on Motion, (Steffens Guzman, Gladys) (Entered: 01/13/2017)	Jan. 13, 2017	Jan. 13, 2017 PACER
31	RESPONSE, by Petitioner Arturo Martinez Banos, to 6 MOTION to Certify Class . Oral Argument Requested. (Aldana Madrid, Glenda) (Entered: 01/13/2017)	Jan. 13, 2017	Jan. 13, 2017 PACER
32	Supplemental DECLARATION of Timothy Warden-Hertz filed by Petitioner Arturo Martinez Banos re 6 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 01/13/2017)	Jan. 13, 2017	Jan. 13, 2017 PACER
33	Supplemental DECLARATION of Elizabeth Benki filed by Petitioner Arturo Martinez Banos re 6 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 01/13/2017)	Jan. 13, 2017	Jan. 13, 2017 PACER
34	RESPONSE, by Petitioner Arturo Martinez Banos, to 6 MOTION to Certify Class . Oral Argument Requested. (Kang, Leila) (Entered: 01/20/2017)	Jan. 20, 2017	Jan. 20, 2017 PACER
35	REPLY by Respondents Nathalie Asher, Lowell Clark, Jeh Johnson, Loretta E. Lynch, Juan P. Osuna, Sarah R Saldana to 31 Response to Motion (Steffens Guzman, Gladys) (Entered: 01/20/2017)	Jan. 20, 2017	Jan. 20, 2017 PACER
36	RESPONSE, by Respondents Nathalie Asher, Lowell Clark, Jeh Johnson, Loretta E. Lynch, Juan P. Osuna, Sarah R Saldana, to 28 MOTION for Leave to File Amended Complaint. (Steffens Guzman, Gladys) (Entered: 01/23/2017)	Jan. 23, 2017	Jan. 23, 2017 PACER
37	ORDER by Hon. Brian A Tsuchida granting Petitioner's 28 Motion for leave to file an amended complaint; amended complaint due 2/1/2017; striking the 2/1/2017 oral argument 25 ; directing parties to file a Joint Status Report by 2/15/2017. (PM) (Entered: 01/25/2017)	Jan. 25, 2017	Jan. 25, 2017 RECAP
38	AMENDED PETITION FOR WRIT OF HABEAS CORPUS AND CLASS ACTION COMPLAINT, filed by Arturo Martinez Banos. (Attachments: # 1 Exhibit BIA Order, # 2 Exhibit IJ Orders, # 3 Exhibit Notice of Referral to IJ)(Kang, Leila) (Entered: 01/31/2017)	Jan. 31, 2017	Jan. 31, 2017 Clearinghouse
39	JOINT STATUS REPORT signed by all parties estimated Trial Days: N/A. (Aldana Madrid, Glenda) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
40	ORDER SETTING BRIEFING SCHEDULE; striking plaintiffs' 6 Motion to Certify Class; Plaintiffs to file their amended motion for class certification by 2/9/17, response due 2/27/17 and reply due on noting date of 3/3/17. Defendants' 16 MOTION to Dismiss All Individual Claims is renoted for 3/3/2017. Supplemental brief due 2/13/17, plaintiffs response due 2/27/17 and defendants to file reply by 3/3/17. Clerk to substitute Thomas Homan, Acting Director of US Immigration and Customs Enforcement; John Kelly, Secy of Dept of Homeland Security and Dana Boente, Acting Attorney General of the United States for defendant-respondents Saldana, Johnson and Lynch by Hon. Brian A Tsuchida.(RS) (Entered: 02/07/2017)	Feb. 7, 2017	Feb. 7, 2017 PACER
41	Amended MOTION to Certify Class, filed by Petitioner Arturo Martinez Banos. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 3/3/2017, (Kang, Leila) (Entered: 02/08/2017)	Feb. 8, 2017	Feb. 8, 2017 PACER
42	SUPPLEMENT re 16 MOTION to Dismiss All Individual Claims by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F. Kelly, Juan P. Osuna (Steffens Guzman, Gladys) (Entered: 02/13/2017)	Feb. 13, 2017	Feb. 13, 2017 PACER
43	RESPONSE, by Petitioner Arturo Martinez Banos, to 16 MOTION to Dismiss All Individual Claims. (Kang, Leila) (Entered: 02/27/2017)	Feb. 27, 2017	Feb. 27, 2017 PACER
44	Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF NEWLY-NAMED PLAINTIFFS FLORES AND VENTIURA, filed by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, Juan P. Osuna. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order) Noting Date 3/24/2017, (Steffens Guzman, Gladys) (Entered: 02/27/2017)	Feb. 27, 2017	Feb. 27, 2017 PACER
45	RESPONSE, by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, Juan P. Osuna, to 41 Amended MOTION to Certify Class . (Steffens Guzman, Gladys) (Entered: 02/27/2017)	Feb. 27, 2017	Feb. 27, 2017 PACER
46	REPLY, filed by Petitioner Arturo Martinez Banos, TO RESPONSE to 41 Amended MOTION to Certify Class (Kang, Leila) (Entered: 03/03/2017)	March 3, 2017	March 3, 2017 PACER
47	RESPONSE, by Petitioner Arturo Martinez Banos, to 44 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF NEWLY-NAMED PLAINTIFFS FLORES AND VENTIURA. Oral Argument Requested. (Aldana Madrid, Glenda) (Entered: 03/20/2017)	March 20, 2017	March 20, 2017 PACER
48	REPLY, filed by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, Juan P. Osuna, TO RESPONSE to 44 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF NEWLY-NAMED PLAINTIFFS FLORES AND VENTIURA (Steffens Guzman, Gladys) (Entered: 03/24/2017)	March 24, 2017	March 24, 2017 PACER
49	REPORT AND RECOMMENDATION by Hon. Brian A Tsuchida re Government's 16 First Motion to Dismiss and 44 Second Motion to Dismiss. Objections to R&R due by 4/19/2017, Noting Date 4/21/2017. (Attachments: # 1 R&R Proposed Order) (PM) (Entered: 03/29/2017)	March 29, 2017	March 29, 2017 PACER
50	OBJECTIONS by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, Juan P. Osuna to 49 Report and Recommendations. Noting Date 4/21/2017, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Steffens Guzman, Gladys) (Entered: 04/19/2017)	April 19, 2017	April 19, 2017 PACER
	***Motion terminated: 49 REPORT AND RECOMMENDATIONS re 16 MOTION to Dismiss All Individual Claims filed by Nathalie Asher, Juan P. Osuna, Dana J Boente, John F Kelly, Lowell Clark, Thomas D Homan, 44 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (SWT)	April 19, 2017	April 19, 2017 PACER
	Noting Date Reset re 50 OBJECTIONS by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, Juan P. Osuna to Report and Recommendations: Noting Date 5/3/2017, reset pursuant to the Report and Recommendation (Dkt. # 49 ). (AD)	April 21, 2017	April 21, 2017 PACER
51	RESPONSE to 50 OBJECTIONS by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, Juan P. Osuna to 49 Report and Recommendations. filed by Petitioner Arturo Martinez Banos et al. (Kang, Leila) (Entered: 05/03/2017)	May 3, 2017	May 3, 2017 PACER
52	NOTICE of Supplemental Authority by Petitioner Arturo Martinez Banos (Attachments: # 1 Exhibit)(Aldana Madrid, Glenda) (Entered: 07/07/2017)	July 7, 2017	July 7, 2017 PACER
53	ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATIONS re 49 Report and Recommendations, 50 Objections to Report and Recommendation ; granting Defendants' 16 First Motion to Dismiss ; dismissing Mr. Martinez's claims without prejudice and without leave to amend ; striking Defendants' 44 Second Motion to Dismiss without prejudice to renewing ; REFERRING case back to Magistrate Judge Tsuchida for further processings ; directing Clerk to update docket, signed by Judge James L. Robart. (SWT) (Entered: 07/12/2017)	July 11, 2017	July 11, 2017 Clearinghouse
	Party James McHenry and Jefferson B. Sessions added. Party Dana J Boente (Acting Attorney General of the United States ) and Juan P. Osuna (Director of Executive Office for Immigration Review) terminated. (See 53 Order) (SWT)	July 11, 2017	July 11, 2017 PACER
54	ORDER directing parties to file Joint Status Report by 8/3/2017, signed by Hon. Brian A Tsuchida. (PM) (Entered: 07/12/2017)	July 12, 2017	July 12, 2017 RECAP
55	JOINT STATUS REPORT signed by all parties (Kang, Leila) (Entered: 07/24/2017)	July 24, 2017	July 24, 2017 PACER
56	ORDER SETTING BRIEFING SCHEDULE by Hon. Brian A Tsuchida. Defendants' motion to dismiss due 8/4/2017 with a noting date of 9/1/2017. Clerk directed to RE-NOTE plaintiffs' 23 MOTION for Preliminary Injunction and 41 Amended MOTION for class certification: Noting Date 9/1/2017. (PM) (Entered: 07/25/2017)	July 25, 2017	July 25, 2017 PACER
57	Amended MOTION to Dismiss All of Remaining Petitioners-Plaintiffs' Individual Claims, filed by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Juan P. Osuna, Jefferson B. Sessions. (Attachments: # 1SEALED Exhibit A, # 2SEALED Exhibit B, # 3 Exhibit C, # 4 Proposed Order) Noting Date 9/1/2017, (Steffens Guzman, Gladys) Modified on 8/11/2017 to seal per phone request from counsel. (PM). (Entered: 08/04/2017)	Aug. 4, 2017	Aug. 4, 2017 PACER
58	Stipulated MOTION to Seal Exhibits A and B in support of Respondents' Motion to Amend, filed by Respondents Nathalie Asher, Thomas D Homan, John F Kelly, James McHenry, Juan P. Osuna, Jefferson B. Sessions. (Attachments: # 1 Proposed Order) Noting Date 8/25/2017, (Steffens Guzman, Gladys) (Entered: 08/11/2017)	Aug. 11, 2017	Aug. 11, 2017 PACER
	NOTICE of Docket Text Modification re 57 Amended MOTION to Dismiss All of Remaining Petitioners-Plaintiffs' Individual Claims : SEALED Exhibit A and B to Amended Motion to Dismiss per phone request. Counsel will file a motion to seal. (PM)	Aug. 11, 2017	Aug. 11, 2017 PACER
59	ORDER granting Defendants-Respondents' unopposed 58 motion to seal and directing the Clerk to maintain the seal on Docket Nos. 57 -1 and 57 -2. Signed by Hon. Brian A Tsuchida. (PM) (Entered: 08/14/2017)	Aug. 14, 2017	Aug. 14, 2017 RECAP
60	RESPONSE, by Petitioners Edwin Flores Tejada, Arturo Martinez Banos, German Ventura Hernandez, to 57 Amended MOTION to Dismiss All of Remaining Petitioners-Plaintiffs' Individual Claims. Oral Argument Requested. (Attachments: # 1 Exhibit)(Aldana Madrid, Glenda) (Entered: 08/28/2017)	Aug. 28, 2017	Aug. 28, 2017 PACER
61	REPLY, filed by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Juan P. Osuna, Jefferson B. Sessions, TO RESPONSE to 57 Amended MOTION to Dismiss All of Remaining Petitioners-Plaintiffs' Individual Claims (Steffens Guzman, Gladys) (Entered: 08/31/2017)	Aug. 31, 2017	Aug. 31, 2017 PACER
62	ORDER DIRECTING SUPPLEMENTAL BRIEFING; plaintiffs' brief due 9/25/17; govt's response due 10/4/17; plaintiffs' reply due 10/6/17; directing clerk to renote 57 Amended MOTION to Dismiss All of Remaining Petitioners-Plaintiffs' Individual Claims, 23 MOTION for Preliminary Injunction, 41 Amended MOTION to Certify Class ; Noting Date 10/6/2017, by Hon. Brian A Tsuchida. (RS) (Entered: 09/08/2017)	Sept. 8, 2017	Sept. 8, 2017 RECAP
63	ORDER denying in part with prejudice and in part without prejudice Plaintiffs' 23 Motion for Preliminary Injunction. Signed by Judge James L. Robart. (PM) (Entered: 09/13/2017)	Sept. 13, 2017	Sept. 13, 2017 Clearinghouse
64	BRIEF re 62 Order to Re-Note Motion, by Petitioners Edwin Flores Tejada, Arturo Martinez Banos, German Ventura Hernandez (Kang, Leila) (Entered: 09/25/2017)	Sept. 25, 2017	Sept. 25, 2017 PACER
65	RESPONSIVE BRIEF re 62 Order to Re-Note Motion, 64 Brief by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Juan P. Osuna, Jefferson B. Sessions. (Attachments: # 1 Exhibit A)(Steffens Guzman, Gladys) (Entered: 10/04/2017)	Oct. 4, 2017	Oct. 4, 2017 PACER
66	REPLY BRIEF re 64 Brief, 65 Brief - Responsive, by Petitioners Edwin Flores Tejada, Arturo Martinez Banos, German Ventura Hernandez. (Kang, Leila) (Entered: 10/06/2017)	Oct. 6, 2017	Oct. 6, 2017 PACER
67	REPORT AND RECOMMENDATION by Hon. Brian A Tsuchida re Government's 57 Amended MOTION to Dismiss and plaintiffs' 41 Amended MOTION for Class Certification. Objections to R&R due by 11/1/2017, Noting Date 11/3/2017, (Attachments: # 1 Proposed Order on R&R) (PM) (Entered: 10/17/2017)	Oct. 17, 2017	Oct. 17, 2017 PACER
68	OBJECTIONS by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Juan P. Osuna, Jefferson B. Sessions to 67 Report and Recommendations,. Noting Date 11/15/2017, (Steffens Guzman, Gladys) (Entered: 11/01/2017)	Nov. 1, 2017	Nov. 1, 2017 PACER
69	RESPONSE to 68 OBJECTIONS by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Juan P. Osuna, Jefferson B. Sessions to 67 Report and Recommendations,. filed by Petitioners Edwin Flores Tejada, Arturo Martinez Banos, German Ventura Hernandez (Kang, Leila) (Entered: 11/15/2017)	Nov. 15, 2017	Nov. 15, 2017 PACER
70	ORDER ADOPTING REPORT AND RECOMMENDATION 67 in its entirety. Signed by Judge James L. Robart. (PM) (Entered: 12/11/2017)	Dec. 11, 2017	Dec. 11, 2017 RECAP
71	MINUTE ORDER authorized by Judge James L. Robart. On December 11, 2017, the court issued an order adopting the report and recommendation of the Honorable Brian A. Tsuchida. (Order (Dkt. # 70 ).) Any dispositive motions shall be filed within 30 days of the date of the entry of that order. This matter is RE-REFERRED to Judge Tsuchida for further proceedings. (PM) (Entered: 12/13/2017)	Dec. 13, 2017	Dec. 13, 2017 RECAP
72	MOTION for Summary Judgment, filed by Petitioners Edwin Flores Tejada, Arturo Martinez Banos, German Ventura Hernandez. (Attachments: # 1 Proposed Order Proposed Order) Noting Date 1/5/2018, (Adams, Matt) (Entered: 12/14/2017)	Dec. 14, 2017	Dec. 14, 2017 Clearinghouse
73	MOTION for Extension of Time, filed by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Juan P. Osuna, Jefferson B. Sessions. Noting Date 12/27/2017, (Steffens Guzman, Gladys) (Entered: 12/27/2017)	Dec. 27, 2017	Dec. 27, 2017 PACER
74	STIPULATION AND ORDER re Petitioners' 72 MOTION for Summary Judgment . The Court hereby extends Defendants-Respondents' deadline to cross-move for summary judgment and oppose Plaintiffs-Petitioners' motion for summary judgment to Monday, January 8, 2018. The motions are re-noted for consideration for Friday, January 12, 2018, and any opposition to Defendants-Respondents' cross-motion for summary judgment shall be filed on that date. Signed by Judge James L. Robart. (TH) (Entered: 12/28/2017)	Dec. 28, 2017	Dec. 28, 2017 RECAP
75	Cross MOTION for Summary Judgment and Opposition to Petitioners' Motion for Summary Judgment, filed by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Juan P. Osuna, Jefferson B. Sessions. (Attachments: # 1 Proposed Order) Noting Date 1/12/2018, (Steffens Guzman, Gladys) (Entered: 01/08/2018)	Jan. 8, 2018	Jan. 8, 2018 PACER
76	RESPONSE, by Petitioners Edwin Flores Tejada, Arturo Martinez Banos, German Ventura Hernandez, to 75 Cross MOTION for Summary Judgment and Opposition to Petitioners' Motion for Summary Judgment 72 . (Attachments: # 1 Exhibit)(Kang, Leila) Modified on 1/16/2018 to add link to motion for s/j (PM). (Entered: 01/12/2018)	Jan. 12, 2018	Jan. 12, 2018 PACER
77	REPORT AND RECOMMENDATION signed by Hon. Brian A Tsuchida re: Petitioners' 72 MOTION for Summary Judgment and Respondents' 75 Cross MOTION for Summary Judgment. Objections to R&R due by 2/7/2018, Noting Date 2/9/2018, (Attachments: # 1 Proposed Order on R&R, # 2 Proposed Judgment R&R) (PM) (Entered: 01/23/2018)	Jan. 23, 2018	Jan. 23, 2018 PACER
78	OBJECTIONS by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Juan P. Osuna, Jefferson B. Sessions to 77 Report and Recommendations,, Terminate Motions,. Noting Date 2/23/2018, (Steffens Guzman, Gladys) (Entered: 02/07/2018)	Feb. 7, 2018	Feb. 7, 2018 PACER
79	RESPONSE to 78 OBJECTIONS by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Juan P. Osuna, Jefferson B. Sessions to 77 Report and Recommendations,, Terminate Motions,. filed by Petitioners Edwin Flores Tejada, Arturo Martinez Banos, German Ventura Hernandez (Kang, Leila) (Entered: 02/21/2018)	Feb. 21, 2018	Feb. 21, 2018 PACER
80	NOTICE of Supplemental Authority by Petitioners Edwin Flores Tejada, Arturo Martinez Banos, German Ventura Hernandez (Aldana Madrid, Glenda) (Entered: 03/22/2018)	March 22, 2018	March 22, 2018 PACER
81	NOTICE of Supplemental Authority re 78 OBJECTIONS by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Juan P. Osuna, Jefferson B. Sessions to 77 Report and Recommendations,, Terminate Motions,. by Respondents Nathalie Asher, Dana J Boente, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Juan P. Osuna, Jefferson B. Sessions (Attachments: # 1 Exhibit)(Steffens Guzman, Gladys) (Entered: 03/22/2018)	March 22, 2018	March 22, 2018 PACER
82	NOTICE of Supplemental Authority re 79 Response to Objections to R&R, by Petitioners Edwin Flores Tejada, Arturo Martinez Banos, German Ventura Hernandez (Attachments: # 1 Exhibit)(Aldana Madrid, Glenda) (Entered: 03/23/2018)	March 23, 2018	March 23, 2018 PACER
83	ORDER ADOPTING REPORT AND RECOMMENDATION 77 in its entirety. Signed by Judge James L. Robart. (PM) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 Clearinghouse
84	JUDGMENT BY COURT: The Report and Recommendation is adopted and approved. (See Order (Dkt. # 83 ).) Plaintiff Edwin Flores Tejada's 72 motion for summary judgment is granted in part and denied in part. (See id.) Defendants Nathalie Asher, Lowell Clark, Thomas D. Homan, John F. Kelly, James McHenry, and Jefferson B. Sessions's 75 motion for summary judgment is granted in part and denied in part. (See id.) Injunctive relief is granted in Plaintiff Edwin Flores Tejada and the class members' favor. (See id.) (PM) (Entered: 04/05/2018)	April 4, 2018	April 4, 2018 PACER
85	NOTICE of Appearance by attorney Sairah G Saeed on behalf of Respondents Nathalie Asher, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Jefferson B. Sessions. (Saeed, Sairah) (Entered: 04/24/2018)	April 24, 2018	April 24, 2018 PACER
86	Stipulated MOTION TO EXTEND TIME FOR RESPONDENTS TO HOLD BOND HEARINGS AND FILE STATUS REPORT, filed by Respondents Nathalie Asher, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Jefferson B. Sessions. Noting Date 4/24/2018, (Saeed, Sairah) (Entered: 04/24/2018)	April 24, 2018	April 24, 2018 PACER
87	ORDER granting 86 Stipulated Motion to Extend Time for Respondents to Hold Bond Hearings and File Status Report. The new deadlines shall be May 7, 2018, for Respondents to conduct bond hearings for currently-eligible class members and May 11, 2018, for Respondents to file the directed report and list with the Court in accordance with the 77 Report and Recommendation. Signed by Judge James L. Robart. (PM) (Entered: 04/25/2018)	April 25, 2018	April 25, 2018 RECAP
88	STATUS REPORT by Respondents Nathalie Asher, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Jefferson B. Sessions (Attachments: # 1 Exhibit Bostock Declaration, # 2 Exhibit Neifert Declaration, # 3 Exhibit McDowell Declaration)(Saeed, Sairah) (Entered: 05/11/2018)	May 11, 2018	May 11, 2018 PACER
89	SEALED DOCUMENT by Respondents Nathalie Asher, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Jefferson B. Sessions re 77 Report and Recommendations,, Terminate Motions, 83 Order on Report and Recommendation, 84 Judgment by Court,, 88 Status Report, (Saeed, Sairah) (Entered: 05/11/2018)	May 11, 2018	May 11, 2018 PACER
90	Stipulated MOTION for Protective Order, filed by Respondents Nathalie Asher, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Jefferson B. Sessions. (Attachments: # 1 Proposed Order Proposed Stipulated Protective Order) Noting Date 5/18/2018, (Saeed, Sairah) (Entered: 05/18/2018)	May 18, 2018	May 18, 2018 PACER
91	ERRATA re 90 Stipulated MOTION for Protective Order to Replace ECF No. 90-1 by Respondents Nathalie Asher, Lowell Clark, Thomas D Homan, John F Kelly, James McHenry, Jefferson B. Sessions (Attachments: # 1 Proposed Order Stipulated Protective Order)(Saeed, Sairah) (Entered: 05/18/2018)	May 18, 2018	May 18, 2018 PACER
92	PROTECTIVE ORDER Governing Items Disclosed by Respondents to Comply with the Court's Final Order Granting Injunctive Relief re parties' 90 Stipulated MOTION, by Judge James L. Robart. (SWT) (Entered: 05/25/2018)	May 24, 2018	May 24, 2018 Clearinghouse
93	NOTICE OF APPEAL (18-35460) to Ninth Circuit re 83 Order on Report and Recommendation, 84 Judgment by Court,, by Respondents Nathalie Asher, Lowell Clark, Thomas D Homan, James McHenry, Jefferson B. Sessions. (Saeed, Sairah) Modified on 6/1/2018 ADD CCA #(SG). (Entered: 05/30/2018)	May 30, 2018	May 30, 2018 PACER
94	TIME SCHEDULE ORDER (18-35460) as to 93 Notice of Appeal filed by Nathalie Asher, Jefferson B. Sessions, James McHenry, Lowell Clark, Thomas D Homan (SG) (Entered: 06/01/2018)	May 31, 2018	May 31, 2018 PACER

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Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 14, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

"All individuals who (1) were placed in withholding only proceedings under 8 C.F.R. § 1208.31(e) in the Western District of Washington after having a removal order reinstated, and (2) have been detained for 180 days (a) without a custody hearing or (b) since receiving a custody hearing."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Northwest Immigrant Rights Project (NWIRP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Director of Executive Office for Immigration Review (Washington, D.C.), Federal

Northwest Detention Center Warden (Tacoma, Pierce), Private Entity/Person

Seattle District of Immigration and Customs Enforcement Field Office Director (Seattle, King), City