Case: Onosamba-Ohindo v. Barr

1:20-cv-00290 | U.S. District Court for the Western District of New York

Filed Date: March 10, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a class action suit about bond hearings for detainees under the Immigration and Nationality Act (INA). The issue is whether due process under the Fifth Amendment allows the government to place the burden of proof for whether the person being detained poses a flight risk (and therefore shouldn't be released) on the detainee themselves. Another issue is whether Immigration Judges are required by the INA or Department of Justice regulations to consider the detainee's ability to pay bond an…

This is a class action suit about bond hearings for detainees under the Immigration and Nationality Act (INA). The issue is whether due process under the Fifth Amendment allows the government to place the burden of proof for whether the person being detained poses a flight risk (and therefore shouldn't be released) on the detainee themselves. Another issue is whether Immigration Judges are required by the INA or Department of Justice regulations to consider the detainee's ability to pay bond and possible alternatives to bond at bond hearings under 8 U.S.C. § 1226(a).

The case was brought on behalf of people detained under the Immigration and Nationality Act (8 U.S.C. § 1226(a)) at the Batavia Federal Detention Facility in upstate New York, as well as a subclass of people who are detained in Richwood, LA but have their hearings in front of judges at the Buffalo/Batavia immigration court. On March 10, 2020, the case was filed by two civil immigration detainees held under § 1226(a) pending their removal proceedings; they were represented by the New York Civil Liberties Union (an ACLU affiliate). The presiding judge is Elizabeth A Wolford, in the United States District Court for the Western District of New York. Plaintiffs filed a habeas petition pursuant to 28 U.S.C. § 2241, alleging violation of the Immigration and Nationality Act, the Administrative Procedure Act, and the Fifth Amendment. Claims were also asserted on behalf of class members who had been denied bond before particular Immigration Judges who allegedly had a policy of not granting bond hearings or alternatives to detention in most cases.

In a September 2020 order, Judge Wolford denied class certification for the post-hearing class but granted Plaintiffs’ preliminary injunction motion as to the main pre-bond hearing class in September and found that plaintiffs had stated a Due Process Claim that the government is required to bear the burden of proof at bond hearings for individuals detained pursuant to 8 U.S.C. §1226(a). The court partially denied Plaintiffs’ sub-class claims and partially granted Defendents' motion to dismiss for lack of subject matter jurisdiction for the claims regarding the no-bond policy on the ground that Plaintiffs had not named the warden of the Richwood Detention Center as a defendant. Finally, Judge Wolford rejected Plaintiffs’ claim that the INA required immigration judges consider non-bond alternatives to detention or the ability of detainees to pay, but found that Plaintiffs had stated a claim for violation of the INA on different grounds – namely, that the immigration judge at one plaintiff’s bond hearing had stated she was unable to consider alternatives to money bond.

In late September 2020, plaintiffs filed a motion for reconsideration relating to the issues they had lost,. Before this was acted upon, defendants filed a notice of appeal for the portion of the September decision and order that granted, in part, the preliminary injunction. (483 F. Supp. 3d 159).

In a decision and order dated March 29, 2021, Judge Wolford rejected the plaintiffs’ motion for reconsideration. Later in April, the plaintiffs filed a notice of appeal regarding the September order and partial denial of the preliminary injunction. The appeal remains pending and the case remains ongoing.

Summary Authors

John Duffield (6/8/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17073832/parties/onosamba-ohindo-v-barr/


Judge(s)

Wolford, Elizabeth Ann (New York)

Attorneys(s) for Plaintiff

Belsher, Amy (New York)

Cohen, Jordan Laris (New York)

Davy, James P (District of Columbia)

Dunn, Christopher (New York)

Roeck, Victoria Marie (New York)

Sallomi, Megan (New York)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Coriell, David M (New York)

Judge(s)

Wolford, Elizabeth Ann (New York)

Attorneys(s) for Plaintiff

Belsher, Amy (New York)

Cohen, Jordan Laris (New York)

Davy, James P (District of Columbia)

Dunn, Christopher (New York)

Roeck, Victoria Marie (New York)

Sallomi, Megan (New York)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Coriell, David M (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

May 20, 2021 Docket
1 & 1-1

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

March 11, 2020 Complaint
41

Decision and Order

483 F.Supp.3d 15

Sept. 2, 2020 Order/Opinion
59

Decision and Order

2021 WL 1169193

March 29, 2021 Order/Opinion

Resources

Title Description External URL

Onosamba-Ohindo v. Barr

Equal Justice Under Law

This critical lawsuit aims to relieve hundreds of people currently detained unjustly pending immigration proceedings. The class action lawsuit includes immigrants detained in Richwood, Louisiana wit… March 11, 2020 https://equaljusticeunderlaw.org/onosambaohindo-v-barr

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17073832/onosamba-ohindo-v-barr/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants, PETITION for Writ of Habeas Corpus (Filing fee $5.00 receipt number 0209-3764118), filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Attachments: # 1 Civil Cover Sheet)(Roeck, Victoria) Modified on 3/11/2020 to enter filing fee and receipt number (CGJ). Corrected Receipt number 3/13/2020 (LB). Corrected fee amount 4/1/2020 (CGJ). (Entered: 03/11/2020)

March 11, 2020 PACER
2

MOTION to Certify Class by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Victoria Roeck, # 3 Declaration of Dalya Kefi, # 4 Declaration of Junior Onosamba-Ohindo, # 5 Declaration of Christine Lao-Scott, # 6 Declaration of Antonio Lopez Agustin, # 7 Declaration of Kimberly Hunter, # 8 Declaration of Nicholas J. Phillips, # 9 Declaration of Jesse Barber, # 10 Declaration of Tanika Vigil)(Roeck, Victoria) (Entered: 03/11/2020)

March 11, 2020 PACER

E-Filing Notification re [2-1] Attachments: # 1 Memorandum in Support, Incorrect.pdf file attached to entry. Action required: Re-file attachment [2-1] using the (Memorandum in Support) event. (KM)

March 11, 2020 PACER
3

MEMORANDUM in Support re 2 MOTION to Certify Class filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Roeck, Victoria) (Entered: 03/11/2020)

March 11, 2020 PACER

E-Filing Notification: regarding 1 COMPLAINT docket text modified to show filing fee and receipt number. Filing fee paid more than once. Please refer to refund policy located on our website www.nywd.uscourts.gov (CGJ)

March 11, 2020 PACER

Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (CGJ)

March 11, 2020 PACER

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (CGJ)

March 11, 2020 PACER
4

Original Summons Filed. (Roeck, Victoria) (Entered: 03/13/2020)

March 13, 2020 PACER
5

Original Summons Filed. (Roeck, Victoria) (Entered: 03/13/2020)

March 13, 2020 PACER
6

Original Summons Filed. (Roeck, Victoria) (Entered: 03/13/2020)

March 13, 2020 PACER
7

ORDER that within 45 days of the date of this order, Respondent shall file and serve an answer and memorandum of law or a motion to dismiss, along with a memorandum responding to petitioner's motion for class certification; Petitioner shall have 25 days upon receipt of the responses; the Clerk of Court shall serve a copy of the petition and this order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. Signed by Hon. Lawrence J. Vilardo on 3/13/20. (Attachments: # 1 Petition)(SG) (Entered: 03/13/2020)

March 13, 2020 PACER
8

Original Summons Filed. (Roeck, Victoria) (Entered: 03/13/2020)

March 13, 2020 PACER
9

Original Summons Filed. (Roeck, Victoria) (Entered: 03/13/2020)

March 13, 2020 PACER
10

Original Summons Filed. (Roeck, Victoria) (Entered: 03/13/2020)

March 13, 2020 PACER
11

Original Summons Filed. (Roeck, Victoria) (Entered: 03/13/2020)

March 13, 2020 PACER
12

Summons Issued as to Matthew Albence, William Barr, Executive Office for Immigration Review, James McHenry, Jeffrey Searls, United States Department of Justice, Chad F. Wolf. (Attachments: # 1 summons issued, # 2 summons issued, # 3 summons issued, # 4 summons issued, # 5 summons issued, # 6 summons issued)(KM) (Entered: 03/16/2020)

March 16, 2020 PACER
13

AFFIDAVIT of Service for Complaint/Petition, Motion to Certify Class, Summons Issued by the Court (Dkt. 12) served on William Barr; United States Department of Justice; James McHenry; Executive Office for Immigration Review; Matthew Albence; Chad F. Wolf; U.S. Department of Homeland Security; Jeffrey Searls on March 17, 2020, filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Roeck, Victoria) (Entered: 03/18/2020)

March 18, 2020 PACER
14

NOTICE of Appearance by David M. Coriell on behalf of All Defendants (Coriell, David) (Entered: 03/22/2020)

March 22, 2020 PACER

E-Filing Notification: regarding 1 COMPLAINT against All Defendants, PETITION for Writ of Habeas Corpus . Docket text amended to reflect correct filing fee. (CGJ)

April 1, 2020 PACER
15

MOTION for Preliminary Injunction by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Attachments: # 1 Memorandum in Support of Plaintiffs-Petitioners Motion for Preliminary Injunction, # 2 Declaration of Grace Zaiman, # 3 Declaration of James Tinsley, # 4 Declaration of Lara Nochomovitz, # 5 Declaration of Nathalia Dickson, # 6 Declaration of Denise Noonan Slavin, # 7 Declaration of Cliff Johnson, # 8 Declaration of Dr. Jaimie Meyer, # 9 Supplement Declaration of Jesse Barber, # 10 Supplement Declaration of Dalya Kefi, # 11 Supplement Declaration of Victoria Roeck, # 12 Exhibit C, # 13 Exhibit D, # 14 Exhibit E, # 15 Exhibit F, # 16 Exhibit G, # 17 Exhibit H, # 18 Exhibit I, # 19 Exhibit J, # 20 Exhibit K, # 21 Exhibit L, # 22 Exhibit M, # 23 Exhibit N, # 24 Exhibit O, # 25 Exhibit P, # 26 Text of Proposed Order)(Roeck, Victoria) (Entered: 04/10/2020)

April 10, 2020 PACER
16

MOTION to Expedite Motion for a Preliminary Injunction by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Notice and Motion for a Preliminary Injunction with supporting documents)(Roeck, Victoria) (Entered: 04/10/2020)

April 10, 2020 PACER
17

RESPONSE in Opposition re 16 MOTION to Expedite Motion for a Preliminary Injunction filed by Matthew Albence, William Barr, Executive Office for Immigration Review, James McHenry, Jeffrey Searls, United States Department of Justice, Chad F. Wolf. (Coriell, David) (Entered: 04/11/2020)

April 11, 2020 PACER
18

TEXT ORDER denying the petitioners' motion to expedite, Docket Item 16, for the reasons stated in the respondents' opposition, Docket Item 17 . The respondents shall respond to the motion for a preliminary injunction, Docket Item 15, on or before April 27, 2020. The petitioners shall reply on or before May 6, 2020. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/13/2020. (RFI) (Entered: 04/13/2020)

April 13, 2020 PACER
19

Letter filed by Executive Office for Immigration Review, William Barr, Matthew Albence, Jeffrey Searls, Chad F. Wolf, United States Department of Justice, James McHenry as to Executive Office for Immigration Review, William Barr, Matthew Albence, Jeffrey Searls, Chad F. Wolf, United States Department of Justice, James McHenry requesting extension of page limit. (Coriell, David) (Entered: 04/22/2020)

April 22, 2020 PACER
20

TEXT ORDER granting the respondents' letter request to enlarge the page limit for their memorandum of law in support of their forthcoming motion to dismiss, Docket Item 19 . SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/23/2020. (RFI) (Entered: 04/23/2020)

April 23, 2020 PACER
21

NOTICE of Appearance by Megan Elaine Sallomi on behalf of All Plaintiffs (Sallomi, Megan) (Entered: 04/24/2020)

April 24, 2020 PACER
22

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Matthew Albence, William Barr, Executive Office for Immigration Review, James McHenry, Jeffrey Searls, United States Department of Justice, Chad F. Wolf. (Attachments: # 1 Memorandum in Support Motion to Dismiss, # 2 Exhibit Ex. 1 Declaration of David M. Coriell, # 3 Exhibit Ex. A to Coriell Declaration, # 4 Exhibit Ex. B to Coriell Declaration, # 5 Exhibit Ex. 2 Declaration of Mark Pasierb)(Coriell, David) (Entered: 04/27/2020)

April 27, 2020 PACER
23

RESPONSE in Opposition re 2 MOTION to Certify Class filed by Matthew Albence, William Barr, Executive Office for Immigration Review, James McHenry, Jeffrey Searls, United States Department of Justice, Chad F. Wolf. (Coriell, David) (Entered: 04/27/2020)

April 27, 2020 PACER
24

RESPONSE in Opposition re 15 MOTION for Preliminary Injunction filed by Matthew Albence, William Barr, Executive Office for Immigration Review, James McHenry, Jeffrey Searls, United States Department of Justice, Chad F. Wolf. (Attachments: # 1 Declaration Stephanie Kerr)(Coriell, David) (Entered: 04/27/2020)

April 27, 2020 PACER
25

TEXT ORDER. The petitioners shall respond to 22 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by William Barr, Chad F. Wolf, Matthew Albence, James McHenry, United States Department of Justice, Executive Office for Immigration Review, and Jeffrey Searls, on or before May 6, 2020. The respondents shall reply on or before May 11, 2020. The petitioners' reply to 23 Response in Opposition to Motion for Class Certification, filed by William Barr, Chad F. Wolf, Matthew Albence, James McHenry, United States Department of Justice, Executive Office for Immigration Review, and Jeffrey Searls, shall remain on the schedule in this Court's order dated March 13, 2020, Docket Item 7 . SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/29/2020. (RFI) (Entered: 04/29/2020)

April 29, 2020 PACER
26

TEXT ORDER re 15 MOTION for Preliminary Injunction filed by petitioners and 22 MOTION to Dismiss for Lack of Jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by respondents. Telephone Oral Argument set for 5/15/2020 at 11:00 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Public access to the proceeding can be obtained by contacting Judge Vilardo's chambers at (716) 551-1621. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/29/2020. (CMD) (Entered: 04/29/2020)

April 29, 2020 PACER
27

MEMORANDUM in Opposition re 22 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Roeck, Victoria) (Entered: 05/06/2020)

May 6, 2020 PACER
28

REPLY/RESPONSE to re 15 MOTION for Preliminary Injunction filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Sallomi, Megan) (Entered: 05/07/2020)

May 6, 2020 PACER
29

REPLY to Response to Motion re 22 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Matthew Albence, William Barr, Executive Office for Immigration Review, James McHenry, Jeffrey Searls, United States Department of Justice, Chad F. Wolf. (Coriell, David) (Entered: 05/11/2020)

May 11, 2020 PACER
30

REPLY to Response to Motion re 2 MOTION to Certify Class filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Roeck, Victoria) (Entered: 05/13/2020)

May 13, 2020 PACER
31

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re 15 MOTION for Preliminary Injunction filed by petitioners and 22 MOTION to Dismiss for Lack of Jurisdiction filed by respondents held on 5/15/2020. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Court reserves decision. Appearances by teleconference. For petitioners: Megan E. Sallomi, Victoria M. Roeck, Amy L. Belsher, and Christopher T. Dunn. Petitioners present. For respondents: AUSA David M. Coriell. (Court Reporter Ann M. Sawyer.) (CMD) (Entered: 05/16/2020)

May 15, 2020 PACER
32

TEXT ORDER. The respondents shall submit a supplemental brief on or before June 4, 2020, addressing why the petitioners' claims are not inherently transitory under Nielsen v. Preap, 139 S. Ct. 954, 963 (2019). The petitioners shall respond on or before June 11, 2020. In their response, the petitioners also shall address how their claims would proceed if the Court finds that those claims are transitory. In other words, who would pursue the class claims since the named petitioners no longer have live claims? SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/28/2020. (RFI) (Entered: 05/28/2020)

May 28, 2020 PACER
33

Letter filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo as to Executive Office for Immigration Review, William Barr, Matthew Albence, Jeffrey Searls, Chad F. Wolf, United States Department of Justice, James McHenry Notice of Supplemental Authority. (Attachments: # 1 Exhibit Dubon Miranda v. Barr, No. 1:20-cv-01110, Opinion, # 2 Exhibit Dubon Miranda v. Barr, No. 1:20-cv-01110, Order)(Sallomi, Megan) (Entered: 06/02/2020)

June 2, 2020 PACER
34

MEMORANDUM/BRIEF re 32 Text Order,, Concerning the "Inherently Transitory" Exception to Mootness by Matthew Albence, William Barr, Executive Office for Immigration Review, James McHenry, Jeffrey Searls, United States Department of Justice, Chad F. Wolf. (Coriell, David) (Entered: 06/04/2020)

June 4, 2020 PACER
35

REPLY/RESPONSE to re 34 Memorandum/Brief, Regarding the Inherently-Transitory Exception to Mootness filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Roeck, Victoria) (Entered: 06/10/2020)

June 10, 2020 PACER
36

TEXT ORDER. Case reassigned to Hon. Elizabeth A. Wolford. Hon. Lawrence J. Vilardo no longer assigned to the case. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/22/2020. (CMD) (Entered: 07/22/2020)

July 22, 2020 PACER
37

NOTICE of Appearance by Phil Telfeyan on behalf of All Plaintiffs (Telfeyan, Phil) (Entered: 07/23/2020)

July 23, 2020 PACER
38

MOTION to Withdraw as Attorney by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Attachments: # 1 Declaration of Victoria Roeck)(Roeck, Victoria) (Entered: 07/24/2020)

July 24, 2020 PACER
39

TEXT ORDER granting 38 Motion to Withdraw as Attorney. The Clerk of Court shall terminate Victoria Roeck as counsel of record for Plaintiffs. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 7/24/2020. (KAC)-CLERK TO FOLLOW UP- (Entered: 07/24/2020)

July 24, 2020 PACER
40

Letter filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo as to Executive Office for Immigration Review, William Barr, Matthew Albence, Jeffrey Searls, Chad F. Wolf, United States Department of Justice, James McHenry . (Sallomi, Megan) (Entered: 08/14/2020)

Aug. 14, 2020 PACER
41

DECISION AND ORDER granting in part and denying in part 22 Motion to Dismiss; granting in part, denying in part, and reserving decision in part on 2 Motion to Certify Class; and granting in part and denying in part 15 Motion for Preliminary Injunction. Please Note: This docket text may not contain the entire contents of the attached Decision and Order. It is your responsibility to read the attached Decision and Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Decision and Order. Signed by Hon. Elizabeth A. Wolford on 9/2/2020. (KAC)-CLERK TO FOLLOW UP- (Entered: 09/02/2020)

Sept. 2, 2020 RECAP
42

TEXT ORDER re 2 Motion to Certify Class. As detailed further in the 41 Decision and Order, the Court has reserved decision on whether it is appropriate to certify a separate class of individuals who have had a bond hearing and are detained at the Buffalo Federal Detention Facility pursuant to 8 U.S.C. ยง 1226(a) for purposes of declaratory relief, and orders further briefing on the issue. Class Petitioner's supplemental brief is due on or before September 16, 2020. Respondent's supplemental brief is due on or before September 23, 2020. Upon receipt of all papers, the Court will determine if oral argument is necessary and, if so, advise the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/2/2020. (KAC) (Entered: 09/02/2020)

Sept. 2, 2020 PACER
43

STATUS REPORT Regarding the Courts Sept. 2, 2020 Order by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Sallomi, Megan) (Entered: 09/14/2020)

Sept. 14, 2020 PACER
44

MEMORANDUM/BRIEF re 42 Text Order,,, regarding Certification on Post-Hearing Class by Junior Onosamba-Ohindo. (Attachments: # 1 Declaration of Jesse Barber)(Sallomi, Megan) (Entered: 09/16/2020)

Sept. 16, 2020 PACER
45

STATUS REPORT regarding the Court's September 2, 2020 Order by Junior Onosamba-Ohindo. (Sallomi, Megan) (Entered: 09/21/2020)

Sept. 21, 2020 PACER
46

NOTICE of Appearance by Jordan Laris Cohen on behalf of Antonio Lopez Agustin, Junior Onosamba-Ohindo (Cohen, Jordan) (Entered: 09/22/2020)

Sept. 22, 2020 PACER
47

REPLY/RESPONSE to re 44 Memorandum/Brief regarding Certifying a Post-Hearing Class filed by Jeffrey Searls. (Coriell, David) (Entered: 09/23/2020)

Sept. 23, 2020 PACER
48

TEXT ORDER. Upon review of the "Instructions to Immigration Judges" (Dkt. 45 at 2-4) ("the Instructions") and the "Notice of Court Order Regarding Bond Hearings in the Batavia Immigration Court" (id. at 5-7) ("the Notice"), the Court finds both documents comply with its September 2, 2020 Decision and Order (Dkt. 41). The Instructions shall be distributed to the Buffalo and Batavia Immigration Judges and the Notice shall be distributed to the Pre-Hearing Class members, with appropriate translations as set forth in the Decision and Order. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/24/2020. (KAC) (Entered: 09/24/2020)

Sept. 24, 2020 PACER
49

MOTION for Reconsideration re 41 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Preliminary Injunction,, by Junior Onosamba-Ohindo. (Attachments: # 1 Memorandum in Support)(Sallomi, Megan) (Entered: 09/30/2020)

Sept. 30, 2020 PACER
50

TEXT ORDER re 49 Motion for Reconsideration, filed by Petitioner. Responses are due on or before October 23, 2020; Replies are due on or before October 30, 2020. Upon receipt of all papers the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/02/2020. (CAL). (Entered: 10/02/2020)

Oct. 2, 2020 PACER
51

MEMORANDUM in Opposition re 49 MOTION for Reconsideration re 41 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Preliminary Injunction,, filed by Jeffrey Searls. (Coriell, David) (Entered: 10/23/2020)

Oct. 23, 2020 PACER
52

NOTICE OF APPEAL as to 41 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Preliminary Injunction,, by Jeffrey Searls. Fee Status: No Fee Due, Government Attorney. (Coriell, David) Modified on 11/2/2020 (JLV). (Entered: 10/30/2020)

Oct. 30, 2020 PACER
53

DESIGNATION of Record on Appeal by Jeffrey Searls re 52 Notice of Appeal CLERK TO FOLLOW UP (Coriell, David) (Entered: 10/30/2020)

Oct. 30, 2020 PACER
54

RESPONSE in Support re 49 MOTION for Reconsideration re 41 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Preliminary Injunction,, filed by Junior Onosamba-Ohindo. (Sallomi, Megan) (Entered: 10/30/2020)

Oct. 30, 2020 PACER
55

CLERKS CERTIFICATE filed and electronically sent to Court of Appeals. (JLV) (Entered: 11/02/2020)

Nov. 2, 2020 PACER
56

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral Argument Proceedings via Teleconference held on 5/15/2020, before Judge Lawrence J. Vilardo. Court Reporter/Transcriber Ann M. Sawyer, Contact Info Ann_Sawyer@nywd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/5/2021. Redacted Transcript Deadline set for 1/15/2021. Release of Transcript Restriction set for 3/15/2021. (KM) (Entered: 12/15/2020)

Dec. 15, 2020 PACER
57

MOTION to Withdraw as Attorney by Junior Onosamba-Ohindo. (Attachments: # 1 Affidavit)(Sallomi, Megan) (Entered: 01/29/2021)

Jan. 29, 2021 PACER
58

TEXT ORDER granting 57 Motion to Withdraw as Attorney. The Clerk of Court shall terminate Attorney Megan Sallomi as counsel of record for Petitioner. Signed by Elizabeth A. Wolford on 3/23/21. (MGB)-CLERK TO FOLLOW UP- (Entered: 03/23/2021)

March 23, 2021 PACER
59

DECISION AND ORDER denying 2 Motion to Certify Class without prejudice in remaining part; denying 49 Motion for Reconsideration. Signed by Hon. Elizabeth A. Wolford on 3/29/2021. (MGB) (Entered: 03/29/2021)

March 29, 2021 RECAP
60

NOTICE OF APPEAL as to 41 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion for Preliminary Injunction, by Junior Onosamba-Ohindo. Filing fee $ 505, receipt number 0209-4228956. (Belsher, Amy) (Entered: 04/27/2021)

April 27, 2021 PACER

Within 14 days of filing the 60 Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerk's Office will certify and transmit the index to the Circuit. (JHF)

April 27, 2021 PACER
61

DESIGNATION of Record on Appeal by Junior Onosamba-Ohindo re 60 Notice of Appeal, CLERK TO FOLLOW UP (Belsher, Amy) (Entered: 05/19/2021)

May 19, 2021 PACER
62

CLERKS CERTIFICATE/INDEX filed and electronically sent to Court of Appeals (LMD) (Entered: 05/20/2021)

May 20, 2021 PACER

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 10, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are all individuals currently detained at the Buffalo Federal Detention Facility (an immigration detention facility) under Immigration and Nationality Act § 236(a) who will have a custody hearing before the Batavia or Buffalo Immigration Courts

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Equal Justice Under Law

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Executive Office for Immigration Review (Buffalo), Federal

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

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Fines/Fees/Bail/Bond

Habeas Corpus

Over/Unlawful Detention

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - procedures