Case: Dubon Miranda v. Barr

1:20-cv-01110 | U.S. District Court for the District of Maryland

Filed Date: April 30, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a class action case filed against the Trump Administration regarding a failure to provide fair hearings to immigration detainees. The plaintiffs also alleged that the COVID-19 pandemic was an aggravating factor in the case. The court granted a preliminary injunction on May 29, 2020 and the defendants appealed. The court denied class certification on December 4, as the case was currently stayed pending appeal. On April 30, 2020, the three immigration detainees in Maryla…

COVID-19 Summary: This is a class action case filed against the Trump Administration regarding a failure to provide fair hearings to immigration detainees. The plaintiffs also alleged that the COVID-19 pandemic was an aggravating factor in the case. The court granted a preliminary injunction on May 29, 2020 and the defendants appealed. The court denied class certification on December 4, as the case was currently stayed pending appeal.


On April 30, 2020, the three immigration detainees in Maryland filed a class action lawsuit challenging the Trump administration’s failure to provide fair hearings to people in immigration detention on behalf of themselves and others similarly situated. The plaintiffs were represented by the American Civil Liberties Union (ACLU) of Maryland, the Capital Area Immigrants' Rights (CAIR) Coalition, and a public interest organization. The complaint and habeas petition pointed to two flaws in the government's bond hearings that made subsequent detentions a violation of procedural due process and the Immigration and Nationality Act (INA). The plaintiffs sought declaratory and injunctive relief that prohibits further detention without a constitutionally adequate bond hearing that places the burden of proof on the government and requires the court to consider ability to pay in setting bond amount. The case was assigned to Judge Catherine Blake.

The complaint alleged first that the government jails noncitizens pending their removal proceedings without being required to demonstrate that such detention was even warranted in the first place, placing the burden of proof on the noncitizen to satisfy an immigration judge (IJ) that they posed no danger or flight risk. Second, the government then conditioned release on payment of a money bond, without any requirement that IJs consider the noncitizen’s financial circumstances when setting a bond amount. As a result, the plaintiffs (and other similarly situated) were detained arbitrarily, either because the government was not required to prove that their imprisonment was in fact necessary, or their bond that was set unnecessarily beyond their financial means. Together, these created a process that violated their procedural due process rights and the INA. The complaint also included the COVID-19 pandemic as an aggravating factor in the case.

On May 5, 2020 the plaintiffs filed a motion for a temporary restraining order and/or preliminary injunction, which the court granted on May 29. 463 F.Supp.3d 632. The court ordered narrowly tailored relief to resolve the deficiencies in the current bond hearing procedures.

On May 22, the plaintiffs filed their motion for class certification. The purported class was defined as all people who are or will be detained under the INA and had or will have a bond hearing before the immigration court in Baltimore, Maryland. On July 27, the defendants filed an appeal (No. 20-1828) to the Fourth Circuit challenging the preliminary injunction. The defendants submitted a motion to stay proceedings on August 25, which was granted on August 26.

On appeal, there were three issues: (1) whether due process requires the government to bear the burden of justifying a noncitizen’s continued detention by clear and convincing evidence at bond hearings under the INA; (2) whether due process requires an IJ to consider a noncitizen’s ability to pay a bond and his suitability for release on alternative conditions of supervision at bond hearings under the INA; and (3) whether the INA barred the class-wide preliminary injunction. The government filed its opening brief on December 4. The plaintiffs have filed three motions for extended time; their response brief is currently due on June 4, 2021.

Meanwhile, back in the district court, Judge Blake denied class certification on December 4, 2020; the parties were briefing the preliminary injunction order's appeal in the Fourth Circuit and the case had been stayed. Judge Blake denied the motion without prejudice to renewal after the conclusion of the appeal.

The case is still stayed, and the parties file occasional status reports in the interim.

Summary Authors

Rachel Kreager (3/30/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17115371/parties/dubon-miranda-v-barr/


Judge(s)

Blake, Catherine C. (Maryland)

Attorneys(s) for Plaintiff

Appelbaum, Adina Bassim (District of Columbia)

Barth, Whittney Layne (Maryland)

Bireda, Saba (District of Columbia)

Cubas, Claudia R (District of Columbia)

Horan, Claire Jewell (Maryland)

Kim, Jenny (District of Columbia)

Kumar, Sonia (Maryland)

Marcuse, Deborah K (Maryland)

Steiner, Nicholas Taichi (Maryland)

Judge(s)

Blake, Catherine C. (Maryland)

Attorneys(s) for Plaintiff

Appelbaum, Adina Bassim (District of Columbia)

Barth, Whittney Layne (Maryland)

Bireda, Saba (District of Columbia)

Cubas, Claudia R (District of Columbia)

Horan, Claire Jewell (Maryland)

Kim, Jenny (District of Columbia)

Kumar, Sonia (Maryland)

Marcuse, Deborah K (Maryland)

Steiner, Nicholas Taichi (Maryland)

Tan, Michael K. T. (New York)

Vidmar, Melody (District of Columbia)

Webbert, Austin (Maryland)

Zhou, Lucy (Maryland)

Attorneys(s) for Defendant

Cusson, Evelyn Lombardo (Maryland)

Imerman, Susan M (District of Columbia)

Other Attorney(s)

Telfeyan, Phil (District of Columbia)

Documents in the Clearinghouse

Document

1:20-cv-01110

0:20-01828

Docket

Sept. 29, 2021

Sept. 29, 2021

Docket
1

1:20-cv-01110

Class Action Complaint and Petition for Writ of Habeas Corpus

April 30, 2020

April 30, 2020

Complaint
25

1:20-cv-01110

Memorandum

463 F.Supp.3d 632

May 29, 2020

May 29, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17115371/dubon-miranda-v-barr/

Last updated June 2, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Petition for Writ of Habeas Corpus against All Defendants ( Filing fee $ 400 receipt number 0416-8633631.), filed by Ajibade Thompson Adegoke, Marvin Dubon Miranda, Jose de la Cruz Espinoza. (Attachments: # 1 Exhibit Declaration of Melody Vidmar, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Civil Cover Sheet, # 29 Summons William P. Barr, # 30 Summons Chad F. Wolf, # 31 Summons Matthew T. Albence, # 32 Summons James McHenry, # 33 Summons Janean A. Ohin, # 34 Summons William Delauter, # 35 Summons Jack Kavanagh, # 36 Summons Donna Bounds, # 37 Summons USAO District of Maryland)(Steiner, Nicholas) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
2

MOTION to Appear Pro Hac Vice for Michael K.T. Tan (Filing fee $100, receipt number 0416-8633843.) by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza(Steiner, Nicholas) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
3

MOTION to Appear Pro Hac Vice for Jenny Kim (Filing fee $100, receipt number 0416-8633879.) by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza(Steiner, Nicholas) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
4

MOTION to Appear Pro Hac Vice for Melody Vidmar (Filing fee $100, receipt number 0416-8633890.) by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza(Steiner, Nicholas) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
5

MOTION to Appear Pro Hac Vice for Adina Appelbaum (Filing fee $100, receipt number 0416-8633911.) by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza(Steiner, Nicholas) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
6

MOTION to Appear Pro Hac Vice for Saba Bireda (Filing fee $100, receipt number 0416-8633920.) by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza(Steiner, Nicholas) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER

Case Assigned to Judge Catherine C. Blake. (cags, Deputy Clerk)

April 30, 2020

April 30, 2020

PACER
7

Summons Issued 60 days as to Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(kw2s, Deputy Clerk) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
8

PAPERLESS ORDER granting 2 Motion to Appear Pro Hac Vice on behalf of Michael K.T. Tan. Directing attorney Michael K.T. Tan to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 5/1/2020. (srds, Deputy Clerk) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
9

PAPERLESS ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of Jenny Kim. Directing attorney Jenny Kim to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/1/2020. (srds, Deputy Clerk) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
10

PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Melody Vidmar. Directing attorney Melody Vidmar to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/1/2020. (srds, Deputy Clerk) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
11

PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Adina B Appelbaum. Directing attorney Adina B Appelbaum to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 5/1/2020. (srds, Deputy Clerk) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
12

PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice on behalf of Saba Bireda. Directing attorney Saba Bireda to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/1/2020. (srds, Deputy Clerk) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
13

NOTICE of Appearance by Sonia Kumar on behalf of All Plaintiffs (Kumar, Sonia) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
14

NOTICE of Appearance by Evelyn Lombardo Cusson on behalf of All Defendants (Cusson, Evelyn) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
15

MOTION for Temporary Restraining Order and/or Preliminary Injunction by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza (Attachments: # 1 Memorandum in Support, # 2 Attachment Declaration of Saba Bireda, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Text of Proposed Order)(Bireda, Saba) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
16

ORDER confirming the results of the conference call held on 5/5/2020. The defendants' response to the plaintiffs' motion is due on 5/13/2020. Signed by Judge Catherine C. Blake on 5/5/2020. (krs, Deputy Clerk) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER

Telephone Conference held on 5/5/2020 before Judge Catherine C. Blake. (kams, Deputy Clerk)

May 5, 2020

May 5, 2020

PACER
17

NOTICE of Appearance by Claudia R. Cubas on behalf of All Plaintiffs (Cubas, Claudia) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
18

Correspondence re: Joint Notice (Bireda, Saba) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
19

RESPONSE in Opposition re 15 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf. (Attachments: # 1 Memorandum in Support, # 2 Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8)(Cusson, Evelyn) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
20

Correspondence re: Joint Notice (Bireda, Saba) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
21

REPLY to Response to Motion re 15 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza.(Bireda, Saba) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
22

NOTICE of Appearance by Michael K.T. Tan on behalf of All Plaintiffs (Tan, Michael) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
23

MOTION to Certify Class by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza (Attachments: # 1 Memorandum in Support, # 2 Attachment Declaration of Saba Bireda In Support of Petitioners' Motion for Class Certification, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Text of Proposed Order)(Bireda, Saba) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
24

MOTION for Leave to File Brief of Amicus Curiae Equal Justice Under Law by Equal Justice Under Law (Attachments: # 1 Memorandum in Support Brief of Amicus Curiae Equal Justice Under Law)(Telfeyan, Phil) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
25

MEMORANDUM. Signed by Judge Catherine C. Blake on 5/29/2020. (hmls, Deputy Clerk) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

RECAP
26

NOTICE by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza re 15 MOTION for Temporary Restraining Order and/or Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Bireda, Saba) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
27

ORDER Granting 15 Motion for TRO, construed as a Motion for a Preliminary Injunction. Signed by Judge Catherine C. Blake on 5/29/2020. (hmls, Deputy Clerk) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
28

Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Certify Class, 1 Complaint,,,, by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf. (Attachments: # 1 Text of Proposed Order)(Cusson, Evelyn) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
29

Marginal ORDER approving 24 Motion for Leave to File BRIEF OF AMICUS CURIAE EQUAL JUSTICE UNDER LAW. Signed by Judge Catherine C. Blake on 6/8/2020. (dass, Deputy Clerk) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
30

ORDER granting 28 Consent Motion for Extension of Time to File Response and Reply re 23 MOTION to Certify Class ; setting deadline Defendants shall respond to the Complaint and Petition for Writ of Habeas. Signed by Judge Catherine C. Blake on 6/8/2020. (dass, Deputy Clerk) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
31

NOTICE of Filing BRIEF OF AMICUS CURIAE EQUAL JUSTICE UNDER LAW by Equal Justice Under Law. (dass, Deputy Clerk) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
32

NOTICE of Appearance by Susan M Imerman on behalf of All Defendants (Imerman, Susan) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
33

Status Report Submitted Joint Status Report by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Equal Justice Under Law, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Imerman, Susan) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
34

ORDER Confirming the results of the conference call held on June 30, 2020; Directing the parties to provide a Status Report by July 2, 2020. Signed by Judge Catherine C. Blake on 6/30/2020. (bas, Deputy Clerk) (Entered: 07/01/2020)

June 30, 2020

June 30, 2020

PACER
35

RESPONSE in Opposition re 23 MOTION to Certify Class filed by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf.(Cusson, Evelyn) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
36

Status Report Submitted by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf (Attachments: # 1 Exhibit 3, # 2 Exhibit 4)(Cusson, Evelyn) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
37

STATUS REPORT by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza (Attachments: # 1 Exhibit Pla version of Notice, # 2 Exhibit Pla version of Guidelines)(Steiner, Nicholas) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
38

ORDER Directing the parties to provide (1) an updated email (2) the supplements they have previously agreed to submit pursuant to ECF 34, (see ECF 36, 37), and (3) a final version of the Notice and Instructions that incorporates the language set forth in this Memorandum by Friday, July 10, 2020. Signed by Judge Catherine C. Blake on 7/8/2020. (bas, Deputy Clerk) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
39

STATUS REPORT Submitted by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Equal Justice Under Law, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf (Attachments: # 1 Exhibit Exh 1)(Imerman, Susan) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
40

STATUS REPORT submitted by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza (Attachments: # 1 Exhibit Final IJ Instructions, # 2 Exhibit Final Notice, # 3 Exhibit Email Thread, # 4 Exhibit Translated Notice)(Steiner, Nicholas) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
41

Status Report Submitted (joint) regarding updated Notice by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Equal Justice Under Law, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Imerman, Susan) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
42

ORDER Directing Defendants to complete their review of the Spanish translation but should inform the plaintiffs of any objections to the translation no later than July 17, 2020. Signed by Judge Catherine C. Blake on 7/15/2020. (bas, Deputy Clerk) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
43

Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint,,,, by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Equal Justice Under Law, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf (Attachments: # 1 Text of Proposed Order proposed order)(Imerman, Susan) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
44

ORDER Granting 43 Motion for Extension of Time to File Response/Reply. Signed by Judge Catherine C. Blake on 7/20/2020. (bas, Deputy Clerk) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
45

STATUS REPORT submitted by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Equal Justice Under Law, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf (Attachments: # 1 Exhibit Spanish Notice)(Imerman, Susan) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
46

MEMORANDUM TO COUNSEL. Signed by Judge Catherine C. Blake on 7/22/2020. (bas, Deputy Clerk) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
47

NOTICE by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf Stipulated Confidentiality Order (Cusson, Evelyn) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
48

PROTECTIVE/CONFIDENTIALITY ORDER. Signed by Judge Catherine C. Blake on 7/23/2020. (bas, Deputy Clerk) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
49

SUMMONS Returned Executed by Ajibade Thompson Adegoke, Marvin Dubon Miranda, Jose de la Cruz Espinoza. Chad F. Wolf served on 5/11/2020, answer due 7/10/2020. (Attachments: # 1 Attachment)(Bireda, Saba) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
50

SUMMONS Returned Executed by Ajibade Thompson Adegoke, Marvin Dubon Miranda, Jose de la Cruz Espinoza. Matthew T. Albence served on 5/6/2020, answer due 7/6/2020. (Attachments: # 1 Attachment)(Bireda, Saba) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
51

SUMMONS Returned Executed by Ajibade Thompson Adegoke, Marvin Dubon Miranda, Jose de la Cruz Espinoza. James McHenry served on 5/2/2020, answer due 7/1/2020. (Attachments: # 1 Attachment)(Bireda, Saba) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
52

SUMMONS Returned Executed by Ajibade Thompson Adegoke, Marvin Dubon Miranda, Jose de la Cruz Espinoza. Janean Ohin served on 5/4/2020, answer due 7/6/2020. (Attachments: # 1 Attachment, # 2 Attachment)(Bireda, Saba) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
53

SUMMONS Returned Executed by Ajibade Thompson Adegoke, Marvin Dubon Miranda, Jose de la Cruz Espinoza. William Delauter served on 5/2/2020, answer due 7/1/2020. (Attachments: # 1 Attachment)(Bireda, Saba) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
54

SUMMONS Returned Executed by Ajibade Thompson Adegoke, Marvin Dubon Miranda, Jose de la Cruz Espinoza. Jack Kavanagh served on 5/6/2020, answer due 7/6/2020. (Attachments: # 1 Attachment)(Bireda, Saba) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
55

SUMMONS Returned Executed by Ajibade Thompson Adegoke, Marvin Dubon Miranda, Jose de la Cruz Espinoza. Donna Bounds served on 5/4/2020, answer due 7/6/2020. (Attachments: # 1 Attachment, # 2 Attachment)(Bireda, Saba) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
56

SUMMONS Returned Executed by Ajibade Thompson Adegoke, Marvin Dubon Miranda, Jose de la Cruz Espinoza. William P. Barr served on 5/7/2020, answer due 7/6/2020. (Attachments: # 1 Attachment, # 2 Attachment)(Bireda, Saba) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
57

ACKNOWLEDGEMENT OF SERVICE Executed Acknowledgement filed by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza. (Attachments: # 1 Attachment)(Bireda, Saba) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
58

NOTICE OF APPEAL as to 25 Memorandum Opinion, 27 Order on Motion for TRO by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Equal Justice Under Law, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf. (Imerman, Susan) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
59

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 58 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(slss, Deputy Clerk) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
60

USCA Case Number 20-1828 for 58 Notice of Appeal, filed by Matthew T. Albence, Donna Bounds, William Delauter, William P. Barr, Janean Ohin, Equal Justice Under Law, Chad F. Wolf, James McHenry, Jack Kavanagh. Case Manager - Cathi Bennett (slss, Deputy Clerk) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
61

NOTICE of Appearance by Whittney Layne Barth on behalf of All Plaintiffs (Barth, Whittney) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
62

NOTICE of Appearance by Lucy Zhou on behalf of All Plaintiffs (Zhou, Lucy) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
63

NOTICE of Appearance by Austin Lane Webbert on behalf of All Plaintiffs (Webbert, Austin) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
64

NOTICE of Appearance by Clare Jewell Horan on behalf of All Plaintiffs (Horan, Clare) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
65

NOTICE of Appearance by Deborah Kristine Marcuse on behalf of All Plaintiffs (Marcuse, Deborah) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
66

REPLY to Response to Motion re 23 MOTION to Certify Class filed by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza.(Marcuse, Deborah) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
67

STATUS REPORT submitted by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Equal Justice Under Law, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf(Imerman, Susan) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
68

Consent MOTION to Stay submitted by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Equal Justice Under Law, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf (Attachments: # 1 Text of Proposed Order)(Imerman, Susan) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
69

PAPERLESS Correspondence to counsel: A Status Report is requested in this matter by OCTOBER 30, 2020. (Blake, Catherine) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
70

ORDER Granting 68 Motion to Stay. Signed by Judge Catherine C. Blake on 8/26/2020. (ba, Deputy Clerk) . (Entered: 08/27/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER

Case Stayed (ba, Deputy Clerk)

Aug. 26, 2020

Aug. 26, 2020

PACER
71

STATUS REPORT joint status report submitted by by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Equal Justice Under Law, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf(Imerman, Susan) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER
72

PAPERLESS Order Approving 71 Status Report. A further Status Report is due DECEMBER 4, 2020. (Blake, Catherine) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER
73

STATUS REPORT joint status report submitted by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Equal Justice Under Law, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf(Imerman, Susan) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
74

PAPERLESS ORDER: A status report is requested in this matter on or before March 26, 2021.. Signed by Judge Catherine C. Blake on 12/4/2020. (sm7, Chambers) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
75

ORDER Denying without prejudice 23 Motion to Certify Class. Signed by Judge Catherine C. Blake on 12/4/2020. (bas, Deputy Clerk) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

RECAP
76

PAPERLESS ORDER: a status report is requested in this matter by March 26, 2021. Signed by Judge Catherine C. Blake on 12/7/2020. (sm7, Chambers) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER
77

STATUS REPORT by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza(Marcuse, Deborah) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
78

PAPERLESS ORDER approving 77 Status Report filed by Ajibade Thompson Adegoke, Marvin Dubon Miranda, Jose de la Cruz Espinoza. A new status report is due in this matter by June 24, 2021. Signed by Judge Catherine C. Blake on 3/26/2021. (sm7, Chambers) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
79

STATUS REPORT (Joint) by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza(Marcuse, Deborah) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER
80

PAPERLESS Order Approving 79 Status Report. A further status report is requested in this matter by SEPTEMBER 29, 2021. (Blake, Catherine) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER
81

STATUS REPORT (Joint) by Matthew T. Albence, William P. Barr, Donna Bounds, William Delauter, Equal Justice Under Law, Jack Kavanagh, James McHenry, Janean Ohin, Chad F. Wolf(Imerman, Susan) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

PACER
82

ORDER of USCA "Granting" motion by Dayna J. Zolle to withdraw as counsel from further representation on appeal as to 58 Notice of Appeal, filed by Matthew T. Albence, Donna Bounds, William Delauter, William P. Barr, Janean Ohin, Equal Justice Under Law, Chad F. Wolf, James McHenry, Jack Kavanagh (slss, Deputy Clerk) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER
83

ORDER of USCA "Granting" motion by Madeline J. Cohen to withdraw from further representation on appeal as to 58 Notice of Appeal, filed by Matthew T. Albence, Donna Bounds, William Delauter, William P. Barr, Janean Ohin, Equal Justice Under Law, Chad F. Wolf, James McHenry, Jack Kavanagh (slss, Deputy Clerk) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
84

PAPERLESS Correspondence to counsel: A status report is requested in this matter by JANUARY 28, 2022. (sj2s, Chambers) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
85

STATUS REPORT by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza(Marcuse, Deborah) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
86

PAPERLESS Order Approving 85 Status Report. A further status report is requested in this matter by APRIL 29, 2022. (sj2s, Chambers) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
87

STATUS REPORT by Marvin Dubon Miranda, Ajibade Thompson Adegoke, Jose de la Cruz Espinoza(Marcuse, Deborah) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
88

Request for additional Status Report by 7/29/2022. (abs, Chambers) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER
89

MARGINAL ORDER Approving 87 Status Report filed by Ajibade Thompson Adegoke, Marvin Dubon Miranda, Jose de la Cruz Espinoza. Signed by Judge Catherine C. Blake on 5/2/2022. (bas, Deputy Clerk) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER
90

JUDGMENT of USCA (certified copy) "Vacating" the District Court Order entered May 29, 2020 and "Remanding" the District Court for further proceedings consistent with the Court's decision as to 58 Notice of Appeal, filed by Matthew T. Albence, Donna Bounds, William Delauter, William P. Barr, Janean Ohin, Equal Justice Under Law, Chad F. Wolf, James McHenry, Jack Kavanagh. (Attachments: # 1 Opinion)(slss, Deputy Clerk) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 30, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three immigration detainees in Maryland

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Attorney General, Federal

Secretary of Department of Homeland Security, Federal

Director of Immigration and Customs Enforcement, Federal

Director of Executive Office for Immigration Review, Federal

Field Office Director of ICE Enforcement and Removal Operations (Baltimore, Maryland), State

Corrections Bureau Chief (Frederick County, Maryland, Frederick), County

Howard County Detention Center Director (Howard), County

Worcester County Detention Center Warden (Worcester), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process: Procedural Due Process

Excessive bail/fines

Suspension Clause

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Fines/Fees/Bail/Bond

Habeas Corpus

Over/Unlawful Detention

Placement in detention facilities

Discrimination-basis:

Immigration status

Race:

Race, unspecified

COVID-19:

Release-process created/modified

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Detention - procedures

National Origin/Ethnicity:

Hispanic