Case: Brito v. Barr

1:19-cv-11314 | U.S. District Court for the District of Massachusetts

Filed Date: June 13, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This civil rights class action challenges the burden of proof and other procedural issues within immigration court bond hearings.In 2019, U.S. Immigration and Customs Enforcement (ICE) arrested the named plaintiffs in this case and initiated deportation proceedings. ICE placed each one in immigration detention pursuant to 8 U.S.C. § 1226(a), so they were eligible for release on bond. (Under a different statutory provision, 8 U.S.C. 1226(c), applicable based on criminal history or national secur…

This civil rights class action challenges the burden of proof and other procedural issues within immigration court bond hearings.

In 2019, U.S. Immigration and Customs Enforcement (ICE) arrested the named plaintiffs in this case and initiated deportation proceedings. ICE placed each one in immigration detention pursuant to 8 U.S.C. § 1226(a), so they were eligible for release on bond. (Under a different statutory provision, 8 U.S.C. 1226(c), applicable based on criminal history or national security grounds, some noncitizens facing deportation are categorically ineligible for bond.) The government’s bond hearings under § 1226(a) placed the burden of proof regarding flight risks or dangers to the community on the detained person, not the government. Some of the named plaintiffs had not been afforded a bond hearing yet; others had been denied bond.

This case was filed on June 13, 2019, in the U.S. District Court for the District of Massachusetts as a habeas corpus petition and putative class action complaint against the Department of Justice, which is responsible for operating the immigration courts. Plaintiffs sought to represent a class of detainees detained pursuant to 8 U.S.C. § 1226(a), “either within Massachusetts or otherwise within the jurisdiction of the Boston Immigration Court.”

The case was assigned to Chief Judge Patti Saris. Plaintiffs’ lawyers included a private firm, the ACLU National Prison Project, and two state ACLU affiliates (New Hampshire and Massachusetts).

Plaintiffs sought declaratory and injunctive relief. They argued that the burden of proof in immigration bond properly lays not on the detainee but on the government. Second, they sought implementation of a “clear and convincing evidence” standard; that is, they argued that bond should be granted unless there was clear and convincing evidence of a safety or flight risk need for ongoing detention. Third, they claimed that alternative conditions of release must be considered by immigration courts. Finally, they claimed that immigration courts must consider detainees’ ability to pay when they set bond.

On August 6, 2019, the court certified two classes, each for detainees held under §1226(a)--one for those who had not yet received a bond hearing and the other for those who had received a hearing but had been denied bond. 395 F.Supp.3d 135.

On November 27, 2019, Judge Saris ruled on the request for an injunction, granting it in part and denying it in part. First, the Court agreed with the plaintiffs that the burden of proof should be placed on the government to prove that the detainee was dangerous or a flight risk. Second, it held that immigration courts must evaluate detainees' ability to pay. Third, immigration courts must consider alternative conditions of release including GPS monitoring. However, the Court rejected the plaintiffs’ "clear and convincing evidence" proposal, instead of holding that the “preponderance of evidence” standard would apply. The Court rejected plaintiffs’ request for re-dos on all the bond hearings members of the post-hearing class that had lost but ordered the government to report various facts to class counsel including whether a new bond hearing was held under the injunction’s rules. 415 F.Supp.3d 258.

Both sides appealed. Plaintiffs sought review of the District Court’s “preponderance of evidence” ruling. The government challenged the rest of the decision. This case is ongoing.

Summary Authors

Eric Gripp (6/17/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15770082/parties/brito-v-barr/


Judge(s)

Saris, Patti B. (Massachusetts)

Attorneys(s) for Plaintiff

Bissonnette, Gilles R (New Hampshire)

Cohen, Susan J. (Massachusetts)

Dougherty, Ryan T (Massachusetts)

Finegan, Susan M. (Massachusetts)

Kim, SangYeob (New Hampshire)

Klementowicz, Henry (New Hampshire)

Lafaille, Adriana (Massachusetts)

Mather, Jennifer J (Massachusetts)

McFadden, Daniel L. (Massachusetts)

Judge(s)

Saris, Patti B. (Massachusetts)

Attorneys(s) for Plaintiff

Bissonnette, Gilles R (New Hampshire)

Cohen, Susan J. (Massachusetts)

Dougherty, Ryan T (Massachusetts)

Finegan, Susan M. (Massachusetts)

Kim, SangYeob (New Hampshire)

Klementowicz, Henry (New Hampshire)

Lafaille, Adriana (Massachusetts)

Mather, Jennifer J (Massachusetts)

McFadden, Daniel L. (Massachusetts)

McGee-Tubb, Mathilda (Massachusetts)

Nathanson, Andrew (Massachusetts)

Segal, Matthew (Massachusetts)

Tan, Michael King Thomas (California)

Attorneys(s) for Defendant

Farquhar, Rayford A. (Massachusetts)

Hunt, Joseph H. (District of Columbia)

Le, Huy (District of Columbia)

Peachey, William Charles (District of Columbia)

Perez, Elianis N. (District of Columbia)

Sheffield, Carlton F. (District of Columbia)

Weintraub, J. Max (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 31, 2020 Docket
1

Habeas Corpus Petition and Class Action Complaint for Declaratory and Injunctive Relief

June 13, 2019 Complaint
58

Memorandum and Order

395 F.Supp.3d 135

Aug. 6, 2019 Order/Opinion
88

Memorandum and Order

415 F.Supp.3d 258

Nov. 27, 2019 Order/Opinion

Resources

Title Description External URL

Pereira Brito v. Wilkinson (Previously Pereira Brito v. Rosen and Pereira Brito v. Barr)

The ACLU of Massachusettes' overview of Brito v. Barr's procedural history. This article contains additional resources such as news articles and audio recordings of oral arguments. June 17, 2021 https://www.aclum.org/en/cases/pereira-brito-v-wilkinson-previously-pereira-brito-v-rosen-and-pereira-brito-v-barr

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15770082/brito-v-barr/

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

ECF Number Description Date Link
1

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-7730113 Fee status: Filing Fee paid., filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (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 Civil Cover Sheet, # 16 Category Form)(Finegan, Susan) (Entered: 06/13/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Civil Cover Sheet

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16 Category Form

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June 13, 2019 RECAP

Order on Motion for Leave to Appear

June 13, 2019 PACER
2

NOTICE of Appearance by Daniel L. McFadden on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (McFadden, Daniel) (Entered: 06/13/2019)

June 13, 2019 PACER
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NOTICE of Appearance by Adriana Lafaille on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Lafaille, Adriana) (Entered: 06/13/2019)

June 13, 2019 PACER
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NOTICE of Appearance by Matthew Segal on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Segal, Matthew) (Entered: 06/13/2019)

June 13, 2019 PACER

***Case List Add to DH for Hab (PSSA, 5)

June 13, 2019 PACER
5

ELECTRONIC NOTICE of Case Assignment. Chief Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) (Entered: 06/13/2019)

June 13, 2019 PACER
6

NOTICE of Appearance by Gilles R. Bissonnette on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Bissonnette, Gilles) (Entered: 06/13/2019)

June 13, 2019 PACER
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MOTION for Leave to Appear Pro Hac Vice for admission of Michael Tan Filing fee: $ 100, receipt number 0101-7730852 by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: # 1 Declaration of Michael Tan)(McFadden, Daniel) (Entered: 06/13/2019)

June 13, 2019 PACER
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Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 7 Motion for Leave to Appear Pro Hac Vice Added Michael K. Tan. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lara, Miguel) (Entered: 06/13/2019)

June 13, 2019 PACER
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NOTICE of Appearance by Henry R. Klementowicz on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Klementowicz, Henry) (Entered: 06/13/2019)

June 13, 2019 PACER

ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund re 7 MOTION for Leave to Appear Pro Hac Vice for admission of Michael Tan Filing fee: $ 100, receipt number 0101-7730852, for $100.00 paid on 06/13/2019, receipt number 0101-7730712. (Adam, Lucien)

June 14, 2019 PACER

Order on Motion for Leave to Appear

June 14, 2019 PACER
10

MOTION of John A. Hawkinson, Pro Se, to (1) Intervene Seeking Remote Access; And (2) for ECF Filing Privileges. (Responses due by 6/28/2019)(Lara, Miguel) (Entered: 06/14/2019)

June 14, 2019 PACER
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MOTION of John A. Hawkinson, Pro se, for an Order to Permit Remote Access to Electronic Court Filings Pursuant to FRCP 5.2(c) ("Open the Docket"). (Lara, Miguel) (Entered: 06/14/2019)

June 14, 2019 PACER
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MEMORANDUM in Support re 11 Motion of John A. Hawkinson, Pro se, for an Order to Permit Remote Access to Electronic Court Filings Pursuant to FRCP 5.2(c) ("Open the Docket"). (Attachments: # 1 Exhibit) (Lara, Miguel) (Entered: 06/14/2019)

June 14, 2019 PACER
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MOTION for Leave to Appear Pro Hac Vice for admission of SangYeob Kim Filing fee: $ 100, receipt number 0101-7732837 by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: # 1 Affidavit Affidavit of SangYeob Kim)(McFadden, Daniel) (Entered: 06/14/2019)

June 14, 2019 PACER
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Chief Judge Patti B. Saris: ORDER entered. 1.The Clerk shall serve the petition on Respondents and the United States Attorney for the District of Massachusetts.2.Respondents shall respond to the petition within 21 days of the entry of this Order. 3.In order to give the Court time to consider the matter, unless otherwise ordered by the Court, petitioner shall not be moved outside the District of Massachusetts without providing the Court 48 hours advance notice of the move and the reason therefor. Any such 48-hour notice period shall commence at the date and time such notice is filed and expire 48 hours later, except [i]f the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday. Fed. R. Civ. P. 6(a)(2)(C).(PSSA, 4) (Entered: 06/14/2019)

June 14, 2019 RECAP
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Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 13 Motion for Leave to Appear Pro Hac Vice Added SangYeob Kim. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lara, Miguel) (Entered: 06/14/2019)

June 14, 2019 PACER
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Chief Judge Patti B. Saris: ORDER entered. STANDING ORDER on 2241 petitions regarding detention and removal of the Petitioner from the District of Massachusetts. re 1 Petition for Writ of Habeas Corpus (2241),, filed by Jacky Celicourt, Florentin Avila Lucas, Gilberto Pereira Brito. (Lara, Miguel) (Entered: 06/14/2019)

June 14, 2019 PACER
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MOTION to Certify Class by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: # 1 Text of Proposed Order)(Finegan, Susan) (Entered: 06/18/2019)

June 18, 2019 PACER
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MEMORANDUM in Support re 17 MOTION to Certify Class filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan) (Entered: 06/18/2019)

June 18, 2019 RECAP
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DECLARATION re 17 MOTION to Certify Class (Declaration of Melanie M. Chaput, Esq., with Regard to Florentin Avila Lucas) by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Finegan, Susan) (Entered: 06/18/2019)

June 18, 2019 PACER
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DECLARATION re 17 MOTION to Certify Class (Declaration of Sophie Beiers) by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan) (Entered: 06/18/2019)

June 18, 2019 PACER
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MOTION to Seal by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas.(Finegan, Susan) (Entered: 06/18/2019)

June 18, 2019 PACER
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NOTICE of Appearance by Carlton F. Sheffield on behalf of William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter (Sheffield, Carlton) (Entered: 06/18/2019)

June 18, 2019 PACER
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NOTICE of Appearance by Huy Le on behalf of William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter (Le, Huy) (Entered: 06/18/2019)

June 18, 2019 PACER
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STATUS REPORT by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: # 1 Exhibit A)(McFadden, Daniel) (Entered: 06/19/2019)

1 Exhibit A

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June 19, 2019 PACER
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Amended MOTION to Seal (Assented to) by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas.(Finegan, Susan) (Entered: 06/20/2019)

June 20, 2019 PACER
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Chief Judge Patti B. Saris: ENDORSED ORDER entered re 21 Motion to Seal. "ALLOWED." (Pacho, Arnold) (Entered: 06/20/2019)

June 20, 2019 PACER
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ELECTRONIC NOTICE of Hearing.... Status Conference set for 6/26/2019 04:00 PM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 06/21/2019)

June 21, 2019 PACER
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STATUS REPORT Regarding Plaintiff-Petitioner Pereira Brito by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan) (Entered: 06/24/2019)

June 24, 2019 PACER
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NOTICE of Appearance by J. Max Weintraub on behalf of William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter (Weintraub, J.) (Entered: 06/24/2019)

June 24, 2019 PACER
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First MOTION to Stay All Pending Deadlines and Hold Proceedings in Abeyance Pending First Circuit Decision by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Le, Huy) (Entered: 06/25/2019)

1 Exhibit

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2 Text of Proposed Order

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June 25, 2019 RECAP
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Chief Judge Patti B. Saris: ELECTRONIC ORDER entered re 32 Motion to Stay All Pending Deadlines and Hold Proceedings in Abeyance Pending First Circuit Decision. "Denied." (Lara, Miguel) (Entered: 06/26/2019)

June 26, 2019 PACER

Order on Motion to Stay

June 26, 2019 PACER
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Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Status Conference held on 6/26/2019....ORDERED: Gvt shall file a response to the individual petitions by 7/8/19; Gvt shall file an opposition to Class Certification by 7/19/19; Reply due by 8/2/19, all matters under advisement. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 06/27/2019)

June 26, 2019 PACER
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Mail Returned as Undeliverable. Mail sent to James McHenry, Director, Executive Office for Immigration Review. (Lara, Miguel) (Entered: 06/28/2019)

June 27, 2019 PACER
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NOTICE of Appearance by Rayford A. Farquhar on behalf of William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter (Farquhar, Rayford) (Entered: 06/28/2019)

June 28, 2019 PACER
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STATUS REPORT regarding detention status of named Petitioners by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter. (Attachments: # 1 Exhibit Lucas Form I-286, # 2 Exhibit Celicourt Form I-286)(Sheffield, Carlton) (Entered: 07/01/2019)

1 Exhibit Lucas Form I-286

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2 Exhibit Celicourt Form I-286

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July 1, 2019 PACER
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Transcript of Status Conference held on June 26, 2019, before Chief Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 7/23/2019. Redacted Transcript Deadline set for 8/2/2019. Release of Transcript Restriction set for 9/30/2019. (Scalfani, Deborah) (Entered: 07/02/2019)

July 2, 2019 PACER
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NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 07/02/2019)

July 2, 2019 PACER
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STATUS REPORT (Supplemental) Concerning Detention Status of Named Petitioners by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter. (Sheffield, Carlton) (Entered: 07/02/2019)

July 2, 2019 PACER
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AFFIDAVIT in Support re 17 MOTION to Certify Class, 27 Amended MOTION to Seal (Assented to) of Melanie M. Chaput, Esq. With Regard to Jacky Celicourt (Redacted) filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan) (Entered: 07/03/2019)

July 3, 2019 RECAP
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AFFIDAVIT in Support re 17 MOTION to Certify Class, 27 Amended MOTION to Seal (Assented to) of Sidra Vitale, Esq. With Regard to Gilberto Pereira Brito (Redacted) filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan) (Entered: 07/03/2019)

July 3, 2019 RECAP
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Chief Judge Patti B. Saris: GENERAL ORDER 19-02June 1, 2019STANDING PROCEDURAL ORDER RE:PUBLIC ACCESS TO IMMIGRATION CASES RESTRICTEDBY FEDERAL RULES OF CIVIL PROCEDURE 5.2(C)1. The court orders that in an action or proceeding relating to an order of removal,or to immigration benefits or detention, access to an electronic file is authorized to the extent provided by Fed. R. Civ. P. 5.2(c) for thirty days after the case filing. At that time, restrictions on remote access to the full electronic record shall be removed except for redactions required pursuant Rule 5.2(a) to protect confidential information (i.e., social security numbers).2. Any party who objects to the removal of the restrictions provided by Rule 5.2(c)shall file objections with the court within 14 days of the case filing. Any response to the objection shall be filed within seven days. Restrictions will not be lifted until the court rules on any objections.3. At all times, paper copies of documents restricted by Rule 5.2(c) will be providedwhen requested at each courthouse subject to the condition that they shall not be placed on the internet within the first thirty days after the case filing if there are no objections or until the presiding judge lifts the restriction.4. The presiding judge may modify this standing order at any time in the interest ofjustice. 5. This order shall be served by the Clerks Office on all parties when the case is filed and on each person that requests a paper record.(Lara, Miguel) (Entered: 07/08/2019)

July 8, 2019 PACER
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ELECTRONIC NOTICE Setting Hearing on Motion 17 MOTION to Certify Class : Motion Hearing set for 8/5/2019 09:30 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 07/15/2019)

July 15, 2019 PACER
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Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 10 Motion to Intervene; granting 10 Motion for leave to electronically file Pro Se. The court grants permission on the condition that the plaintiff satisfies all applicable training and other requirements for pro se litigants as stated in the CM/ECF Administrative Procedures, Page 5. The plaintiff is directed to complete the registration form accessible at https://public.mad.uscourts.gov/ecfreg.html (Lara, Miguel) (Entered: 07/17/2019)

July 17, 2019 PACER

Order on Motion for leave to electronically file Pro Se

July 17, 2019 PACER

Order on Motion to Intervene

July 17, 2019 PACER

Order on Motion for Miscellaneous Relief

July 17, 2019 PACER
46

Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 11 ro se, for an Order to Permit Remote Access to Electronic Court Filings Pursuant to FRCP 5.2(c) ("Open the Docket"). (Lara, Miguel) (Entered: 07/17/2019)

July 17, 2019 PACER
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NOTICE of Appearance by Ryan T. Dougherty on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Dougherty, Ryan) (Entered: 07/17/2019)

July 17, 2019 PACER
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NOTICE of Appearance by Jennifer J. Mather on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Mather, Jennifer) (Entered: 07/17/2019)

July 17, 2019 PACER
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NOTICE of Appearance by Andrew Nathanson on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Nathanson, Andrew) (Entered: 07/17/2019)

July 17, 2019 PACER
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NOTICE of Appearance by Susan J. Cohen on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Cohen, Susan) (Entered: 07/17/2019)

July 17, 2019 PACER
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RESPONSE to Motion re 17 MOTION to Certify Class (in opposition) filed by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter. (Sheffield, Carlton) (Entered: 07/19/2019)

July 19, 2019 RECAP
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MOTION for Entry of Final Judgment by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas.(Finegan, Susan) (Entered: 07/19/2019)

July 19, 2019 PACER
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MEMORANDUM in Support re 52 MOTION for Entry of Final Judgment filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: # 1 Text of Proposed Order)(Finegan, Susan) (Entered: 07/19/2019)

1 Text of Proposed Order

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July 19, 2019 RECAP
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ELECTRONIC NOTICE Setting Hearing on Motion 52 MOTION for Entry of Final Judgment..... Motion Hearing set for 8/5/2019 09:30 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 07/25/2019)

July 25, 2019 PACER
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First Opposition re 52 MOTION for Entry of Final Judgment filed by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter. (Le, Huy) (Entered: 08/02/2019)

Aug. 2, 2019 RECAP
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REPLY to Response to 17 MOTION to Certify Class filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan) (Entered: 08/02/2019)

Aug. 2, 2019 RECAP
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Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Motion Hearing held on 8/5/2019 re 17 MOTION to Certify Class filed by Jacky Celicourt, Florentin Avila Lucas, Gilberto Pereira Brito, 52 MOTION for Entry of Final Judgment filed by Jacky Celicourt, Florentin Avila Lucas, Gilberto Pereira Brito. Court will consider an expedited briefing schedule. Plaintiff will file a letter by 9/6/19 re: proposed schedule going forward. ORDERED: Gvt shall file an answer on or before 9/5/19, all discovery is STAYED, Plaintiff does not anticipate taking any discovery at this point-parties will confer, all matters taken under advisement. (Court Reporter: Linda Walsh ) (Molloy, Maryellen) (Entered: 08/05/2019)

Aug. 5, 2019 PACER
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Chief Judge Patti B. Saris: MEMORANDUM AND ORDER entered.ORDERFor the foregoing reasons, Plaintiffs' motion for class certification (Docket No. 17 ) is ALLOWED. The Court certifies the following two classes for the due process claim: Pre-Hearing Class: All individuals who 1) are or will be detained pursuant to 8 U.S.C. ยง 1226(a), 2) are held in immigration detention in Massachusetts or are otherwise subject to the jurisdiction of the Boston Immigration Court, and 3) have not received a bond hearing before an immigration judge.Post-Hearing Class: All individuals who 1) are or will be detained pursuant to 8 U.S.C. ยง 1226(a), 2) are held in immigration detention in Massachusetts or are otherwise subject to the jurisdiction of the Boston Immigration Court, and 3) have received a bond hearing before an immigration judge.The Court appoints Mintz Levin, the American Civil Liberties Union Foundation of Massachusetts, the American Civil Liberties Union Foundation of New Hampshire, and the ACLU Foundation Immigrants' Rights Project as class counsel under Federal Rule of Civil Procedure 23(g). SO ORDERED.(Lara, Miguel) (Entered: 08/06/2019)

Aug. 6, 2019 RECAP
59

STATUS REPORT and Proposed Schedule by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (McFadden, Daniel) (Entered: 08/06/2019)

Aug. 6, 2019 PACER
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Chief Judge Patti B. Saris: ORDER entered denying 52 Motion for Entry of Final Judgment. (Lara, Miguel) (Entered: 08/07/2019)

Aug. 6, 2019 PACER
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STATUS REPORT and Revised Proposed Schedule by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (McFadden, Daniel) (Entered: 08/12/2019)

Aug. 12, 2019 RECAP
64

Transcript of Motion hearing held on August 5, 2019, before Chief Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Linda Walsh at lwalshsteno@gmail.com. Redaction Request due 9/6/2019. Redacted Transcript Deadline set for 9/16/2019. Release of Transcript Restriction set for 11/14/2019. (Belpedio, Lisa) (Entered: 08/16/2019)

Aug. 16, 2019 RECAP
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NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Belpedio, Lisa) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
66

Respondents' ANSWER to Complaint by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter.(Le, Huy) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
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MOTION for Summary Judgment or, in the Alternative, Preliminary Injunction by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas.(Finegan, Susan) (Entered: 08/29/2019)

Aug. 29, 2019 RECAP
68

MEMORANDUM in Support re 67 MOTION for Summary Judgment or, in the Alternative, Preliminary Injunction filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: # 1 Text of Proposed Order)(Finegan, Susan) (Entered: 08/29/2019)

1 Text of Proposed Order

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Aug. 29, 2019 RECAP
69

Statement of Material Facts L.R. 56.1 re 67 MOTION for Summary Judgment or, in the Alternative, Preliminary Injunction filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan) (Entered: 08/29/2019)

Aug. 29, 2019 RECAP
70

AFFIDAVIT re 67 MOTION for Summary Judgment or, in the Alternative, Preliminary Injunction (Supplemental Affidavit of Attorney Elena Noureddine) by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan) (Entered: 08/29/2019)

Aug. 29, 2019 RECAP
71

DECLARATION re 67 MOTION for Summary Judgment or, in the Alternative, Preliminary Injunction (Supplemental Declaration of Sophie Beiers) by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan) (Entered: 08/29/2019)

Aug. 29, 2019 RECAP
72

MOTION to Modify Class Definition by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas.(Finegan, Susan) (Entered: 08/29/2019)

Aug. 29, 2019 RECAP
73

MEMORANDUM in Support re 72 MOTION to Modify Class Definition filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan) (Entered: 08/29/2019)

Aug. 29, 2019 RECAP
74

Assented to MOTION for Extension of Time to September 23, 2019 to File Response/Reply to Petitioners Motion for Summary Judgment and Motion to Modify the Class Definition by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter. (Attachments: # 1 Text of Proposed Order)(Le, Huy) (Entered: 09/09/2019)

1 Text of Proposed Order

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Sept. 9, 2019 RECAP
75

NOTICE of Appearance by Mathilda McGee-Tubb on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (McGee-Tubb, Mathilda) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
76

Chief Judge Patti B. Saris: ORDER entered granting 74 Motion for Extension of Time to File Response/Reply re 67 MOTION for Summary Judgment or, in the Alternative, Preliminary Injunction, 72 MOTION to Modify Class Definition. Responses due by 9/23/2019. (Lara, Miguel) (Entered: 09/10/2019)

Sept. 9, 2019 PACER
77

Assented to MOTION for Leave to File Excess Pages by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter. (Attachments: # 1 Text of Proposed Order)(Le, Huy) (Entered: 09/11/2019)

1 Text of Proposed Order

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Sept. 11, 2019 RECAP

Order on Motion for Leave to File Excess Pages

Sept. 11, 2019 PACER
78

Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 77 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lara, Miguel) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
79

Notice of Supplemental Authorities re 67 MOTION for Summary Judgment or, in the Alternative, Preliminary Injunction (Attachments: # 1 Exhibit A)(Finegan, Susan) (Entered: 09/20/2019)

1 Exhibit A

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Sept. 20, 2019 RECAP
80

First Opposition re 72 MOTION to Modify Class Definition, 67 MOTION for Summary Judgment or, in the Alternative, Preliminary Injunction filed by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter. (Attachments: # 1 Appendix A)(Le, Huy) (Entered: 09/23/2019)

1 Appendix A

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Sept. 23, 2019 RECAP
81

REPLY to Response to 67 MOTION for Summary Judgment or, in the Alternative, Preliminary Injunction filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan) (Entered: 10/04/2019)

Oct. 4, 2019 RECAP
82

ELECTRONIC NOTICE Setting Hearing on Motion 67 MOTION for Summary Judgment or, in the Alternative, Preliminary Injunction, 72 MOTION to Modify Class Definition : Motion Hearing set for 11/5/2019 09:30 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 10/04/2019)

Oct. 4, 2019 PACER
83

Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Motion Hearing held on 11/5/2019 re 72 MOTION to Modify Class Definition filed by Jacky Celicourt, Florentin Avila Lucas, Gilberto Pereira Brito, 67 MOTION for Summary Judgment or, in the Alternative, Preliminary Injunction filed by Jacky Celicourt, Florentin Avila Lucas, Gilberto Pereira Brito....All matters taken under advisement, supplemental materials to be filed on or before 11/12/19. (Court Reporter: Debra Joyce at joycedebra@gmail.com.) (Molloy, Maryellen) (Entered: 11/05/2019)

Nov. 5, 2019 PACER
84

Transcript of Motion Hearing held on November 5, 2019, before Chief Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 11/29/2019. Redacted Transcript Deadline set for 12/9/2019. Release of Transcript Restriction set for 2/6/2020. (Scalfani, Deborah) (Entered: 11/08/2019)

Nov. 8, 2019 RECAP
85

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 11/08/2019)

Nov. 8, 2019 PACER
86

RESPONSE TO COURT ORDER by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas re 83 Motion Hearing,, - Petitioners' Post-Hearing Memorandum -. (Attachments: # 1 Appendix A, # 2 Appendix B)(Finegan, Susan) (Entered: 11/12/2019)

1 Appendix A

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2 Appendix B

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Nov. 12, 2019 RECAP
87

RESPONSE TO COURT ORDER by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter re 83 Motion Hearing,, . (Le, Huy) (Entered: 11/12/2019)

Nov. 12, 2019 PACER
88

Chief Judge Patti B. Saris: MEMORANDUM AND ORDER entered:ORDERPlaintiffs' motion for summary judgment (Dkt. No. 67 ) and motion to modify the class definitions (Dkt. No. 72 ) are ALLOWED. Plaintiffs' request for declaratory and injunctive relief is ALLOWED IN PART and DENIED IN PART.DECLARATORY JUDGMENT (BOTH CLASSES)The Court declares that aliens detained pursuant to 8 U.S.C. ยง 1226(a) are entitled to receive a bond hearing at which the Government must prove the alien is either dangerous by clear and convincing evidence or a risk of flight by a preponderance of the evidence and that no condition or combination of conditions will reasonably assure the alien's future appearance and the safety of the community. At the bond hearing, the immigration judge must evaluate the alien's ability to pay in setting bond above $1,500 and must consider alternative conditions of release, such as GPS monitoring, that reasonably assure the safety of the community and the alien's future appearances.PERMANENT INJUNCTION (BOTH CLASSES)The Court orders that immigration courts shall follow the requirements set forth in the above declaration, effective December 13, 2019. The Court orders that the Government shall provide this declaratory judgment and permanent injunction to all members of both classes by December 13, 2019 and to all new members of the Pre-Hearing Class once ICE makes the initial determination to detain them pursuant to 8 U.S.C. ยง 1226(a). The Government shall file a certification that this has occurred by December 16, 2019.PERMANENT INJUNCTION (POST-HEARING CLASS ONLY)The Court orders that the Government shall provide class counsel with the following information for each member of the Post-Hearing Class by January 3, 2020: (1) the name; (2) the current location; (3) the date the current period of detention began, (4) the name of the class member's counsel in immigration court, if any, and; (5) a statement of whether a new bond hearing has taken place after the date of this order and, if so, the outcome. The Government also shall file with the Court a copy of this information.SO ORDERED.(Lara, Miguel) (Entered: 11/27/2019)

Nov. 27, 2019 RECAP
89

MOTION for Extension of Time to January 31, 2019 to Comply with Court Order by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter.(Le, Huy) (Entered: 12/13/2019)

Dec. 13, 2019 RECAP
90

NOTICE by William Barr, Christopher Brackett, Marcos Charles, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter Compliance with Judgment (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B)(Le, Huy) (Entered: 12/16/2019)

1 Exhibit Ex. A

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2 Exhibit Ex. B

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Dec. 16, 2019 RECAP
91

MEMORANDUM in Opposition re 89 MOTION for Extension of Time to January 31, 2019 to Comply with Court Order filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan) (Entered: 12/17/2019)

Dec. 17, 2019 RECAP
92

DECLARATION re 91 Memorandum in Opposition to Motion (Declaration of Daniel L. McFadden) by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Finegan, Susan) (Entered: 12/17/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Dec. 17, 2019 RECAP
93

DECLARATION re 91 Memorandum in Opposition to Motion (Declaration of Eliana Nader) by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: # 1 Exhibit A)(Finegan, Susan) (Entered: 12/17/2019)

1 Exhibit A

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Dec. 17, 2019 RECAP
94

DECLARATION re 91 Memorandum in Opposition to Motion (Declaration of Susan B. Church) by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan) (Entered: 12/17/2019)

Dec. 17, 2019 RECAP
95

DECLARATION re 91 Memorandum in Opposition to Motion (Declaration of Elena Noureddine) by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan) (Entered: 12/17/2019)

Dec. 17, 2019 RECAP

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 13, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two classes: Pre-Hearing Class: All individuals who 1) are or will be detained pursuant to 8 U.S.C. § 1226(a), 2) are held in immigration detention subject to the jurisdiction of the Boston Immigration Court, and 3) have not received an immigration bond hearing. Post-Hearing Class: All individuals who 1) are or will be detained pursuant to 8 U.S.C. § 1226(a), 2) are held in immigration detention subject to the jurisdiction of the Boston Immigration Court, and 3) have received a bond hearing.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

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

U.S. Immigration and Customs Enforcement (Washington), Federal

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

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Mandamus, 28 U.S.C. § 1361

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Suspension Clause

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Document/information produced

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2019 - None

Content of Injunction:

Reporting

Required disclosure

Issues

General:

Fines/Fees/Bail/Bond

Habeas Corpus

Over/Unlawful Detention

Placement in detention facilities

Affected Gender:

Female

Male

Type of Facility:

Government-run

Immigration/Border:

Detention - procedures