Case: Reina Moran v. U.S. Department of Homeland Security

5:20-cv-00696 | U.S. District Court for the Central District of California

Filed Date: April 4, 2020

Closed Date: March 3, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a habeas petition brought on behalf of three immigrant detainees confined in detention centers in California. The plaintiffs were granted temporary restraining orders and released from detention. Later in 2020, the plaintiffs filed a motion for preliminary injunction, however, in March 2021 the plaintiffs orally withdrew the motion and the court closed the case without prejudice.On April 4, 2020, three immigrant detainees filed this lawsuit in the U.S. District Court f…

COVID-19 Summary: This is a habeas petition brought on behalf of three immigrant detainees confined in detention centers in California. The plaintiffs were granted temporary restraining orders and released from detention. Later in 2020, the plaintiffs filed a motion for preliminary injunction, however, in March 2021 the plaintiffs orally withdrew the motion and the court closed the case without prejudice.


On April 4, 2020, three immigrant detainees filed this lawsuit in the U.S. District Court for the Central District of California against the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, and Adelanto Detention Center. Represented by private counsel, the petitioners sought writs of habeas corpus under 28 U.S.C. § 2241. On April 5, the plaintiffs filed an ex parte application for a temporary restraining order (TRO), requesting their release. The plaintiffs alleged that the conditions of confinement during the COVID-19 pandemic were unconstitutional. The Clearinghouse does not have access to either the petition or application at this time. The case was assigned to Judge Terry J Hatter, Jr. and Magistrate Judge John D. Early.

The defendants responded to the application for TRO on April 8, and on April 9, the court granted TROs ordering the defendants to release two of the plaintiffs from custody and show cause as to why the court should not issue a preliminary injunction. The TROs were scheduled to expire in 14 days, on April 23, 2020. On April 10, the court issued another TRO, ordering the release of the third plaintiff from custody. The TRO was scheduled to expire in 14 days, on April 24, 2020.

On April 14, the plaintiffs moved to certify class. On April 17, the defendants filed oppositions to each preliminary injunction. On April 22, the court extended all three TROs for an additional 14 days, until May 7 and May 8, 2020, respectively. The court issued a partial stay order on April 24, 2020, staying the Fifth Amendment Due Process claim and ordering that the plaintiffs remain released until resolution of a related case in which a preliminary injunction was issued Roman v. Wolf (IM-CA-0161).

On April 27, 2020, the case was reassigned to Judge David O. Carter, and on May 11, the plaintiffs filed an amended petition. The Clearinghouse does not have access to this document at this time.

On June 8, 2020, the plaintiffs filed a renewed motion to certify class and a motion for preliminary injunction, and the court denied the initial motion to certify class as moot. On June 16, a related case (docket no. 5:20-cv-01136) was consolidated with the present case. The defendants moved to dismiss the case on June 29 and parties attended a hearing on August 24. The motion for preliminary injunction was to remain under submission pending the outcome of Roman and the related case.

On September 20, 2020, the plaintiffs filed an emergency notice of COVID-19 outbreak at a detention facility requesting relief, and on September 22, the court denied the request for relief.

On March 3, 2021, the court held a status conference. During the conference, the plaintiffs orally withdrew the motion to certify class and the motion for preliminary injunction regarding release. The court granted the oral motions and ordered the action closed without prejudice, stating that the court would retain jurisdiction and was willing to reopen the action upon notice of the parties.

Summary Authors

Zofia Peach (2/6/2021)

Related Cases

Roman v. Wolf, Central District of California (2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17044164/parties/reina-moran-v-us-department-of-homeland-security/


Judge(s)

Carter, David O. (California)

Early, John D (California)

Hatter, Terry J. Jr. (California)

Attorneys(s) for Plaintiff

Cheung, Kit W. (California)

Glazer, Larry R. (California)

Attorneys(s) for Defendant

Masetta−Alvarez, Katelyn (District of Columbia)

Moran, Courtney Elizabeth (District of Columbia)

Osinoff, Joanne S (California)

Judge(s)

Carter, David O. (California)

Early, John D (California)

Hatter, Terry J. Jr. (California)

Attorneys(s) for Plaintiff

Cheung, Kit W. (California)

Glazer, Larry R. (California)

Attorneys(s) for Defendant

Masetta−Alvarez, Katelyn (District of Columbia)

Moran, Courtney Elizabeth (District of Columbia)

Osinoff, Joanne S (California)

Documents in the Clearinghouse

Document

5:20-cv-00696

Docket [PACER]

Reina Moran v. U.S. Department of Homeland

March 3, 2021

March 3, 2021

Docket
23

5:20-cv-00696

Temporary Restraining Order and Order to Show Cause

Reina Moran v. U.S. Department of Homeland

April 10, 2020

April 10, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17044164/reina-moran-v-us-department-of-homeland-security/

Last updated Aug. 8, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-25973973 for $5 filing fee, filed by Petitioners Yoselin Gabriela Reina Moran, Miguel Angel Orellana. (Attorney Nicolette Glazer added to party Miguel Angel Orellana(pty:pet), Attorney Nicolette Glazer added to party Yoselin Gabriela Reina Moran(pty:pet))(Glazer, Nicolette) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
2

CIVIL COVER SHEET filed by Petitioners Miguel Angel Orellana, Yoselin Gabriela Reina Moran. (Glazer, Nicolette) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
3

Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus, 1 filed by PETITIONERS Miguel Angel Orellana, Yoselin Gabriela Reina Moran. (Attachments: # 1 Appendix Attachment to Summons {names of Defendants})(Glazer, Nicolette) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
4

EX PARTE APPLICATION for Temporary Restraining Order as to Release of immigrant detainees because of COVID19 concerns filed by PLAINTIFFS Miguel Angel Orellana, Yoselin Gabriela Reina Moran. (Attachments: # 1 Declaration Of Plaintiff Reina Moran, # 2 Declaration Of Rosana Cheung Esq, # 3 Exhibit To Cheung Declaration) (Glazer, Nicolette) (Entered: 04/05/2020)

1 Declaration Of Plaintiff Reina Moran

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2 Declaration Of Rosana Cheung Esq

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3 Exhibit To Cheung Declaration

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April 5, 2020

April 5, 2020

PACER
5

NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Terry J. Hatter, Jr and referred to Magistrate Judge John D. Early, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (car) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
6

60 DAY Summons Issued re Petition for Writ of Habeas Corpus, 1 as to Respondents Matthew T. Albence, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (car) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
7

MINUTE ORDER IN CHAMBERS -NEW CASE BEFORE JUDGE HATTER: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judges initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents. Judge Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be reached at (213) 894-5276. Counsel shall not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda skipper@cacd.uscourts.gov, with appropriate inquiries. Judge Hatters courtroom is located on the 9th Floor, at 350 W. 1st Street, United States Courthouse, Courtroom No. 9B. Additional information about Judge Hatters procedures and schedules can be found on the courts website at www.cacd.uscourts.gov. Respondents are to file their opposition to the Temporary Restraining Order by no later than 5 pm, Tuesday, April 7, 2020. See order for further details. (shb) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
8

STIPULATION for Extension of Time to File Response to Petitioners' Application for temporary restraiing order filed by Respondents Matthew T. Albence, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Attorney Joanne I Osinoff added to party Matthew T. Albence(pty:res), Attorney Joanne I Osinoff added to party Thomas P. Giles(pty:res), Attorney Joanne I Osinoff added to party James Janecka(pty:res), Attorney Joanne I Osinoff added to party David A Marin(pty:res), Attorney Joanne I Osinoff added to party United States Department of Homeland Security(pty:res), Attorney Joanne I Osinoff added to party Chad F. Wolf(pty:res))(Osinoff, Joanne) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
9

Notice of Appearance or Withdrawal of Counsel: for attorney Courtney Elizabeth Moran counsel for Respondents Matthew T. Albence, Does, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. Adding Courtney E. Moran as counsel of record for Defendants-Respondents for the reason indicated in the G-123 Notice. Filed by Defendants-Respondents U.S. Department of Homeland Security, et al.. (Attorney Courtney Elizabeth Moran added to party Matthew T. Albence(pty:res), Attorney Courtney Elizabeth Moran added to party Does(pty:res), Attorney Courtney Elizabeth Moran added to party Thomas P. Giles(pty:res), Attorney Courtney Elizabeth Moran added to party James Janecka(pty:res), Attorney Courtney Elizabeth Moran added to party David A Marin(pty:res), Attorney Courtney Elizabeth Moran added to party United States Department of Homeland Security(pty:res), Attorney Courtney Elizabeth Moran added to party Chad F. Wolf(pty:res))(Moran, Courtney) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
10

ORDER RE; STIPULATION TO EXTEND TIME TO RESPOND TO TRO APPLICATION TO WEDNESDAY,APRIL 8, 2020 8 by Judge Terry J. Hatter, Jr, Pursuant to the Stipulation submitted by the parties and for good cause shown, the Respondents shall have until 5:00 pm on Wednesday, April 8, 2020 within which to respond to Petitioners application for temporary restraining order (ECF 4). (shb) (Entered: 04/07/2020)

April 6, 2020

April 6, 2020

PACER
11

NOTICE Of Submission of Decl inre: residence if released filed by Plaintiffs Miguel Angel Orellana, Yoselin Gabriela Reina Moran. (Glazer, Nicolette) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
12

Notice of Appearance or Withdrawal of Counsel: for attorney Katelyn Masetta-Alvarez counsel for Respondents Matthew T. Albence, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. Adding Katelyn Masetta-Alvarez as counsel of record for All U.S. Government Defendants for the reason indicated in the G-123 Notice. Filed by Defendants U.S. Government. (Attorney Katelyn Masetta-Alvarez added to party Matthew T. Albence(pty:res), Attorney Katelyn Masetta-Alvarez added to party Thomas P. Giles(pty:res), Attorney Katelyn Masetta-Alvarez added to party James Janecka(pty:res), Attorney Katelyn Masetta-Alvarez added to party David A Marin(pty:res), Attorney Katelyn Masetta-Alvarez added to party United States Department of Homeland Security(pty:res), Attorney Katelyn Masetta-Alvarez added to party Chad F. Wolf(pty:res))(Masetta-Alvarez, Katelyn) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
13

NOTICE OF MOTION AND MOTION to Exceed Page Limitation Defendants' Opposition to Plaintiffs' Motion for a Temporary Restraining Order filed by Defendants Matthew T. Albence, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Declaration, # 2 Proposed Order) (Masetta-Alvarez, Katelyn) (Entered: 04/08/2020)

1 Declaration

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2 Proposed Order

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April 8, 2020

April 8, 2020

PACER
14

OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order as to Release of immigrant detainees because of COVID19 concerns 4 filed by Respondents Matthew T. Albence, Does, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Declaration)(Moran, Courtney) (Entered: 04/08/2020)

1 Declaration

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April 8, 2020

April 8, 2020

PACER
15

ORDER GRANTING DEFENDANTS UNOPPOSED MOTION TO EXPAND PAGE LIMIT 13 by Judge Terry J. Hatter, Jr: The Court hereby ORDERS that the page limit for Defendants Brief in Opposition to Plaintiffs Motion for a Temporary Restraining Order is hereby expanded by four (4) pages. (shb) (Entered: 04/09/2020)

April 8, 2020

April 8, 2020

PACER
16

REPLY in support of TRO EX PARTE APPLICATION for Temporary Restraining Order as to Release of immigrant detainees because of COVID19 concerns 4 filed by Petitioners Miguel Angel Orellana, Yoselin Gabriela Reina Moran. (Attachments: # 1 Declaration Jairo Aparicio)(Glazer, Nicolette) (Entered: 04/09/2020)

1 Declaration Jairo Aparicio

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April 9, 2020

April 9, 2020

PACER
17

NOTICE OF MOTION AND MOTION to Exceed Page Limitation Reply in support of TRO filed by PETITIONERS Miguel Angel Orellana, Yoselin Gabriela Reina Moran. (Attachments: # 1 Proposed Order To Exceed Page Limit) (Glazer, Nicolette) (Entered: 04/09/2020)

1 Proposed Order To Exceed Page Limit

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April 9, 2020

April 9, 2020

PACER
18

TO Declaration of G Valdez IN OPPOSITION re: EX PARTE APPLICATION for Temporary Restraining Order as to Release of immigrant detainees because of COVID19 concerns 4 filed by Petitioners Miguel Angel Orellana, Yoselin Gabriela Reina Moran. (Glazer, Nicolette) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
19

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Petitioners Moran, Cuatro and Orellana, or counsel, shall file, as soon as possible, supplemental declarations setting forth the addresses of where each Petitioner would reside, with whom Petitioners would reside, and how Petitionerswould be transported to that residence, respectively, if the Court grants the requested relief. After filing, a copy of the declaration shall be emailed to TJH_chambers@cacd.uscourts.gov. (shb) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
20

ORDER IN RE: UNOPPOSED MOTION TO FILE AN OVERSIZED REPLY IN SUPPORT OF REQUEST FOR TEMPORARY RESTRAINING ORDER (1.5 PAGES LONGER), 17 by Judge Terry J. Hatter, Jr: IT IS ORDERED that Petitioner's unopposed motion to file a Reply exceeding the page limitations set by Local Rules by 1.5 pages is GRANTED. (shb) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
21

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE, 4 by Judge Terry J. Hatter, Jr: IT IS ORDERED that the application for a temporary restraining order is GRANTED. IT IS FURTHER ORDERED that Respondents shall, by 5:00 p.m. on April 10, 2020, release Petitioner Francisco Gonzalez Cuatro from custody pending further order of this Court. IT IS FURTHER ORDERED that Petitioner shall not violate any federal, state and local laws. IT IS FURTHER ORDERED that Respondent shall show cause, if they have any, as to why the Court should not issue a preliminary injunction in this case. Respondents response if any, to this order to show cause shall be filed by Noon on April 17, 2020. Petitioner's reply, if any to Respondents' responses shall be filed by Noon on April 22, 2020. The matter will then stand submitted. (shb) . (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
22

SEALED SEALED DOCUMENT TEMPORARY RESTRAINING ORDER AND ORDER SHOW CAUSE (pj) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
23

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr.: IT IS ORDERED that the application for a temporary restraining order is GRANTED. IT IS FURTHER ORDERED that Respondents shall, by 5:00 p.m. on April 10, 2020, release Petitioner Yoselin Gabriela Reina Moran from custody pending further order of this Court. IT IS FURTHER ORDERED that Petitioner shall not violate any federal, state or local laws. IT IS FURTHER ORDERED that Respondents shall show cause, if they have any Respondents' response, if any to this order to show cause shall be filed by Noon on April 17, 2020. Petitioner's reply, if any, to Respondents' response shall be filed by Noon on April 22, 2020. The matter will then stand submitted. (shb) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
24

NOTICE OF MOTION AND MOTION to Certify Class filed by Petitioners Miguel Angel Orellana, Yoselin Gabriela Reina Moran. (Attachments: # 1 Declaration of R Cheung Esq & Exhibits, # 2 Declaration of Nicolette Glazer Esq. and Exhibits) (Glazer, Nicolette) (Entered: 04/14/2020)

1 Declaration of R Cheung Esq & Exhibits

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2 Declaration of Nicolette Glazer Esq. and Exhibits

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April 14, 2020

April 14, 2020

PACER
25

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Certify Class 24 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
26

OPPOSITION to PI for Francisca Gonzalez Cuatro filed by Respondents Matthew T. Albence, Does, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Declaration and Exs. 1-2)(Moran, Courtney) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
27

OPPOSITION to PI for Miguel Angel Orellana filed by Respondents Matthew T. Albence, Does, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Declaration and Exs. 1-2)(Moran, Courtney) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
28

OPPOSITION to PI for Yoselin Gabriela Reina Moran filed by Respondents Matthew T. Albence, Does, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Declaration and Exs. 1-2)(Moran, Courtney) (Entered: 04/17/2020)

1 Declaration and Exs. 1-2

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April 17, 2020

April 17, 2020

PACER
29

RESPONSE IN SUPPORT of EX PARTE APPLICATION for Temporary Restraining Order as to Release of immigrant detainees because of COVID19 concerns 4 and ECF #26-28 filed by Petitioners Miguel Angel Orellana, Yoselin Gabriela Reina Moran. (Attachments: # 1 Exhibit A-E)(Glazer, Nicolette) (Entered: 04/22/2020)

1 Exhibit A-E

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April 22, 2020

April 22, 2020

PACER
30

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr:Counsel are hereby notified that pursuant to the Judge's directive, the Court issued temporary restraining orders [TROs] in this case on April 9, 2020, and ordered Respondents to show cause why preliminary injunctions should not issue. Pursuant to Fed. R. Civ. P. 65(b)(2), the TROs will expire on April 23, 2020, the fourteenth day after the date of issuance, unless, for good cause, the Court extends it. The parties have filed their respective briefs in response to the Courts Orders to Show Cause: re: Preliminary Injunction. The Court finds that good cause exists under Rule 65(b)(2)to extend the TROs for an additional 14 days. The good cause is that the extension will allow the Court time to consider the significant constitutional issues raised in the parties briefs. The TROs will remain in effect until May 7, 2020. (shb) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
31

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Court issued temporary restraining orders [TROs] in this case on April 9, 2020, and ordered Respondents to show cause why preliminary injunctions should not issue.Pursuant to Fed. R. Civ. P. 65(b)(2), the TROs will expire on April 23, 2020, the fourteenth day after the date of issuance, unless, for good cause, the Court extends it. The parties have filed their respective briefs in response to the Courts Orders to Show Cause: re: Preliminary Injunction. The Court finds that good cause exists under Rule 65(b)(2)to extend the TROs for an additional 14 days. The good cause is that the extension will allow the Court time to consider the significant constitutional issues raised in the parties briefs. The TROs will remain in effect until May 7, 2020. (shb) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
32

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Court issued a temporary restraining order [TRO] in this case on April 10, 2020, and ordered Respondents to show cause why a preliminary injunction should not issue.Pursuant to Fed. R. Civ. P. 65(b)(2), the TRO will expire on April 24, 2020, the fourteenth day after the date of issuance, unless, for good cause, the Court extends it. The parties have filed their respective briefs in response to the Courts Order to Show Cause: re: Preliminary Injunction. The Court finds that good cause exists under Rule 65(b)(2)to extend the TRO for an additional 14 days. The good cause is that the extension will allow the Court time to consider the significant constitutional issues raised in the parties briefs. The TR O will remain in effect until May 8, 2020. (shb) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
33

PARTIAL STAY ORDER by Judge Terry J. Hatter, Jr.: It is Ordered that, pursuant to the Preliminary Injunction issued in Roman, Petitioners shall remain released pending a final resolution of Roman or further order of the Court. It is further Ordered that pending a final resolution of Roman, the Fifth Amendment substantive due process claims in this case be, and hereby are, Stayed. (shb) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
34

ORDER RETURNING CASE FOR REASSIGNMENT by Judge Terry J. Hatter, Jr. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Terry J. Hatter, Jr to Judge David O. Carter for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:20-cv-00696 DOC(JDE). (rn) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
35

NOTICE of Related Case(s) filed by PETITIONERS Miguel Angel Orellana, Yoselin Gabriela Reina Moran. Related Case(s): 5:20cv00799 (Glazer, Nicolette) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
36

Joint NOTICE OF MOTION AND MOTION to Continue Hearing from May 25, 2020 to June 15, 2020 filed by Respondents Matthew T. Albence, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. Motion set for hearing on 6/15/2020 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order) (Masetta-Alvarez, Katelyn) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
37

ORDER by Judge David O. Carter: Granting 36 Stipulation for a 21-Day Continuance of Motion for Class Certification Hearing and Briefing Schedule. The hearing on the Motion for Class Certification shall be scheduled for 6/22/20 at 8:30 a.m. Respondents' Brief in Opposition shall be due on 5/25/20 and Petitioners' Reply shall be due on 6/1/20. NOTE: CHANGES MADE BY COURT (twdb) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
38

AMENDED AND CONSOLIDATED AMENDED PETITION against all Respondents David A Marin, United States Department of Homeland Security, Chad F. Wolf amending Petition for Writ of Habeas Corpus, 1, filed by PETITIONERS Miguel Angel Orellana, Juan Jairo Perez Fajardo, Yoselin Gabriela Reina Moran(Glazer, Nicolette) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
39

NOTICE OF ERRATA filed by Petitioners Miguel Angel Orellana, Juan Jairo Perez Fajardo, Yoselin Gabriela Reina Moran. correcting Amended Complaint/Petition, 38 (Attachments: # 1 Appendix Corrected Amended and Consolidate Complaint)(Glazer, Nicolette) (Entered: 05/11/2020)

1 Appendix Corrected Amended and Consolidate Complaint

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May 11, 2020

May 11, 2020

PACER
40

Joint NOTICE OF MOTION AND MOTION to Continue Hearing from June 22, 2020 to July 27, 2020 filed by Respondents Matthew T. Albence, Thomas P. Giles, James Janecka. Motion set for hearing on 7/27/2020 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order) (Masetta-Alvarez, Katelyn) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
41

SEALED - ORDER GRANTING STIPULATION TO EXTEND ANSWER DEADLINE, CLASS CERTIFICATION HEARING, AND ADDITIONAL BRIEFING (bm) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
42

NOTICE OF MOTION AND MOTION to Certify Class filed by PETITIONERS Miguel Angel Orellana, Juan Jairo Perez Fajardo, Yoselin Gabriela Reina Moran. Motion set for hearing on 8/3/2020 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Declaration of Nicolette Glazer, # 2 Declaration of R Cheung, # 3 Proposed Order In Re: Class Certification) (Glazer, Nicolette) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
43

NOTICE OF MOTION AND MOTION for Preliminary Injunction re Release . Motion filed by PETITIONERS Miguel Angel Orellana, Juan Jairo Perez Fajardo, Yoselin Gabriela Reina Moran. Motion set for hearing on 8/3/2020 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Exhibit 1 [Findings of Facts In Roman], # 2 Exhibit 2 [ICE statistics], # 3 Exhibit 3 [Spartan Desifct], # 4 Exhibit 4 [Article], # 5 Exhibit 5 [Spartan Tech Manual], # 6 Proposed Order In Re: Preliminary Injunction) (Glazer, Nicolette) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
44

SCHEDULING NOTICE by Judge David O. Carter. Given the Renewed Class Certification Motion 42, the earlier filed Motion to Certify Class 24 is denied as moot.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER

Text Only Scheduling Notice

June 9, 2020

June 9, 2020

PACER
45

Joint STIPULATION for Extension of Time to File Motion to Dismiss filed by Defendants-Respondents Matthew T. Albence, Does, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Moran, Courtney) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
46

ORDER by Judge David O. Carter, Granting Joint Stipulation to Extend Motion to Dismiss Deadline 45 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 06/11/2020)

June 10, 2020

June 10, 2020

PACER
47

Joint STIPULATION for Extension of Time to File Motion to Dismiss and Other Briefing filed by Defendants-Respondents Matthew T. Albence, Does, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Moran, Courtney) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
48

ORDER by Judge David O. Carter, Granting Joint Stipulation to Extend Briefing Schedule and Hearing Date 47 . the Court hereby ORDERS: 1. The current briefing schedule on Respondents Motion to Dismiss and Petitioners Motion for Class Certification and Motion for Preliminary Injunction (ECF Nos. 41, 46 ) is vacated. The hearing on these motions, scheduled for August 3, 2020, is also vacated. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
49

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants-Respondents Matthew T. Albence, Does, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. Motion set for hearing on 8/24/2020 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order) (Moran, Courtney) (Entered: 06/29/2020)

1 Proposed Order

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June 29, 2020

June 29, 2020

PACER
50

MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER RE CHAMBERS COPIES. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 07/10/2020)

July 9, 2020

July 9, 2020

PACER
51

OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 49 filed by Petitioners Francisca Gonzalez Cuatro, Mirna Azucena De La Cruz Hidalgo. (Attachments: # 1 Declaration of Nicolette Glazer, # 2 Appendix A [Chhoem Dec], # 3 Appendix B [Fairhart Dec])(Glazer, Nicolette) (Entered: 07/13/2020)

1 Declaration of Nicolette Glazer

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2 Appendix A [Chhoem Dec]

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3 Appendix B [Fairhart Dec]

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July 13, 2020

July 13, 2020

PACER
52

OPPOSITION to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Release . Motion 43 filed by Respondents Matthew T. Albence, Does, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Declaration and Exhibits A-K, # 2 Proposed Order)(Moran, Courtney) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
53

OPPOSITION to NOTICE OF MOTION AND MOTION to Certify Class 42 filed by Respondents Matthew T. Albence, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Masetta-Alvarez, Katelyn) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
54

REPLY ISO Motion to Preliminary Injunction NOTICE OF MOTION AND MOTION for Preliminary Injunction re Release . Motion 43 filed by Petitioners Francisca Gonzalez Cuatro, Mirna Azucena De La Cruz Hidalgo. (Attachments: # 1 Exhibit A [previously filed Valdez Decl))(Glazer, Nicolette) (Entered: 07/27/2020)

1 Exhibit A [previously filed Valdez Decl)

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July 27, 2020

July 27, 2020

PACER
55

REPLY ISO Class Motion NOTICE OF MOTION AND MOTION to Certify Class 42 filed by Petitioners Francisca Gonzalez Cuatro, Mirna Azucena De La Cruz Hidalgo. (Attachments: # 1 Exhibit R-1 Faihart Order, # 2 Exhibit R-2 Moran OSUP, # 3 Exhibit R-3 OSUP Policy, # 4 Exhibit R-4 Release Policy, # 5 Exhibit R-5 Sample IJ Bond, # 6 Exhibit R-6 Sample IJ custody review for class member, # 7 Exhibit R-7 Form Bond, # 8 R-8 Form I352, # 9 R-9 Roman Order 1, # 10 R-10 Roman Order 2)(Glazer, Nicolette) (Entered: 07/27/2020)

1 Exhibit R-1 Faihart Order

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2 Exhibit R-2 Moran OSUP

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3 Exhibit R-3 OSUP Policy

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4 Exhibit R-4 Release Policy

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5 Exhibit R-5 Sample IJ Bond

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6 Exhibit R-6 Sample IJ custody review for class member

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7 Exhibit R-7 Form Bond

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8 R-8 Form I352

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9 R-9 Roman Order 1

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10 R-10 Roman Order 2

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July 27, 2020

July 27, 2020

PACER
56

REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case 49 filed by Respondents Matthew T. Albence, Does, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Exhibit A, Declaration of Courtney E. Moran, # 2 Exhibit B, Declaration of Katelyn Masetta-Alvarez)(Moran, Courtney) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
57

Joint STIPULATION for Leave to appear telephonically or via videoconference at the August 24 hearing filed by Defendants-Respondents Matthew T. Albence, Does, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Moran, Courtney) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
58

Joint STIPULATION for Leave to appear telephonically or via videoconference or request to vacate hearing filed by Defendants-Respondents Matthew T. Albence, Does, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Moran, Courtney) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
59

ORDER GRANTING JOINT STIPULATION FOR TELEPHONIC OR VIDEO CONFERENCE HEARING by Judge David O. Carter 57, 58 : The hearing for the Motion to Dismiss 49 and the Motion for Class Certification 42 are taken under submission. The Motion for Preliminary Injunction 43 set for August 24, 2020, at 8:30 A.M shall be conducted via telephone. Counsel are to contact the CRD for call-in information. (twdb) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
60

MINUTES (IN CHAMBERS) by Judge David O. Carter: Granting in part 49 MOTION to Dismiss. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
61

NOTICE of Supplemental Authority filed by Defendants-Respondents Matthew T. Albence, Does, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Moran, Courtney) (Entered: 08/23/2020)

Aug. 23, 2020

Aug. 23, 2020

PACER
62

RESPONSE filed by Petitioners Miguel Angel Orellana, Juan Jairo Perez Fajardo, Yoselin Gabriela Reina Moranto Notice (Other) 61 Defendants' Supplemental Authorities (Attachments: # 1 Exhibit 1 Filed Decl, # 2 Exhibit 2 Filed Decl, # 3 Exhibit 3 Filed Motion to Enforce)(Glazer, Nicolette) (Entered: 08/23/2020)

Aug. 23, 2020

Aug. 23, 2020

PACER
63

MINUTES OF Motion Hearing held before Judge David O. Carter: Court and counsel confer. The Court orders Plaintiff to file Amended declarations by 8/31/2020. Defendant is ordered to file responsive declarations no later than 9/14/2020. The Motion for Preliminary Injunction re Release Motion filed by Petitioner's Miguel Angel Orellana, Juan Jairo Perez Fajardo, Yoselin Gabriela Reina Moran 43 is taken under submission by the Court. Court Reporter: Gaye Limon. (gk) (Entered: 08/26/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
64

Submission of Amended Declarations re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Release . Motion 43, Order on Motion for Preliminary Injunction,, Motion Hearing, 63, NOTICE OF MOTION AND MOTION to Certify Class 42 (Glazer, Nicolette) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
65

DECLARATION of Gabriel Valdez, Rosa Quevado re Order on Motion for Preliminary Injunction,, Motion Hearing, 63 filed by Respondents Matthew T. Albence, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Declaration Declaration of AFOD Valdez, # 2 Declaration Declaration of SDDO Quevado, # 3 Exhibit Revised Pandemic Response Requirements)(Masetta-Alvarez, Katelyn) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
66

NOTICE EMERGENCY NOTICE of COVID19 outbreak at Adelanto Detention Facility filed by PETITIONERS Miguel Angel Orellana, Juan Jairo Perez Fajardo, Yoselin Gabriela Reina Moran. (Attachments: # 1 Exhibit Valdez Decl, # 2 Exhibit Order in Roman, # 3 Exhibit ICE reporting)(Glazer, Nicolette) Modified on 9/22/2020 (lc). (Entered: 09/20/2020)

1 Exhibit Valdez Decl

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2 Exhibit Order in Roman

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3 Exhibit ICE reporting

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Sept. 20, 2020

Sept. 20, 2020

PACER
67

MINUTES (IN CHAMBERS) by Judge David O. Carter: ORDER DENYING PETITIONERSREQUEST FOR RELIEF. The Court is in receipt of the Petitioners' Emergency Notice of COVID19 66 . The Notice, to the extent it asks for relief, is DENIED as it does not provide any argument as to likelihood of success on the merits with its request. The Motion for Preliminary Injunction re Release Motion filed by Petitioners Miguel Angel Orellana, Juan Jairo Perez Fajardo, Yoselin Gabriela Reina Moran 43 remains under submission pending the outcome of related cases, as discussed with counsel during the hearing on August 24, 2020. (lc) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
68

SUPPLEMENT to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Release . Motion 43 Supplemental Declaration and Notice of Roman Modified PI filed by Respondents Matthew T. Albence, Does, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Moran, Courtney) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
69

DECLARATION of SDDO Quevado Regarding the Updated Custody Status of Named Petitioners filed by Respondents Matthew T. Albence, Thomas P. Giles, James Janecka, David A Marin, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Declaration Declaration of SDDO Quevado)(Masetta-Alvarez, Katelyn) (Entered: 11/09/2020)

1 Declaration Declaration of SDDO Quevado

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Nov. 9, 2020

Nov. 9, 2020

PACER
70

SCHEDULING NOTICE by Judge David O. Carter. The Court sets a ZOOM hearing re: the status of the pending Motion for Preliminary Injunction re Release 43 and the Motion to Certify Class 42 . The Court's Zoom information is posted under www.cacd.uscourts.gov. (David O. Carter procedures). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

PACER
71

SCHEDULING NOTICE by Judge David O. Carter. The Court sets the Zoom Status Conference for March 3, 2021, at 1:00 PM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

PACER

Text Only Scheduling Notice

March 1, 2021

March 1, 2021

PACER
72

MINUTES OF ZOOM STATUS CONFERENCE (Held and Completed: Case called. Court and counsel confer. Plaintiff counsel orally withdraws, without prejudice, the Motion to Certify Class 42 and the Motion for Preliminary Injunction re Release Motion 43 . The Court allows the oral withdrawal of the motions. The Court orders this action STA YEO and CLOSED without prejudice. The Court hereby orders ALL proceedings in the case VACATED and taken off calendar. The Court retains jurisdiction and is amenable to vacate this order and reopen the action upon notice by the parties. (Made JS-6. Case Terminated.) Court Reporter: Debbie Gale. (bm) (Entered: 03/05/2021)

March 3, 2021

March 3, 2021

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 4, 2020

Closing Date: March 3, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three immigration detainees at Adelanto Detention Center

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

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

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

Adelanto Detention Center (San Bernardino), County

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Habeas relief

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Habeas Corpus

Sanitation / living conditions

Totality of conditions

COVID-19:

CDC Guidance ordered implemented

Contact tracing ordered

COVID reporting ordered

COVID testing ordered/modified

Independent monitor/inspector imposed/assisted

Inspection ordered/regulated

Mitigation Denied

Mitigation Granted

Mitigation Requested

Population reduction/cap

PPE-ordered provided to prisoners for free

PPE-ordered worn by staff

Quarantine/isolation ordered

Release Granted

Release granted-group

Release-process created/modified

Release Requested

Sanitizer/Handsoap ordered made available/used

Social distancing ordered

Transfer-ordered or process created/modified

Wellness/temperature checks ordered

Type of Facility:

Non-government for profit

Immigration/Border:

Detention - conditions