Case: Arriaga Reyes v. Decker

2:20-cv-03600 | U.S. District Court for the District of New Jersey

Filed Date: April 2, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about five men, aged 33 to 59 with underlying medical conditions, detained in United States Immigration and Customs Enforcement (ICE) custody who petitioned for immediate release based on their vulnerability to serious COVID-19 infection. On April 2, 2020, the plaintiffs filed this lawsuit in the United States District Court for the Southern District of New York, but the case was transferred to the United States District Court for the District of New Jersey after the court conclu…

This is a case about five men, aged 33 to 59 with underlying medical conditions, detained in United States Immigration and Customs Enforcement (ICE) custody who petitioned for immediate release based on their vulnerability to serious COVID-19 infection.

On April 2, 2020, the plaintiffs filed this lawsuit in the United States District Court for the Southern District of New York, but the case was transferred to the United States District Court for the District of New Jersey after the court concluded improper venue. The plaintiffs sued ICE and related officials under 28 U.S.C. § 2241. Represented by the Bronx Defenders, the ACLU of New Jersey, the ACLU National Prison Project, the ACLU Immigrants’ Rights Project, and the Legal Aid Society, plaintiffs sought a writ of habeas corpus and an order of immediate release. In light of their heightened risk of serious COVID-19 infection, plaintiffs claimed their detention violated their substantive and procedural due process rights under the Fifth Amendment and Fourteenth Amendment. In addition to injunctive relief, plaintiffs sought declaratory relief.

Only four days after filing their original complaint, the plaintiffs filed an amended complaint and an emergency motion for a Temporary Restraining Order for immediate release of the plaintiffs with reasonable conditions for supervision. The complaint detailed the medical conditions of the plaintiffs that put them at increased risk for serious COVID-19 infection or even death, including asthma, diabetes, hepatitis, and hypertension, among others. Despite guidance from medical experts to reduce prison populations to control the spread of COVID-19, and a directive to focus specifically on those who are most vulnerable, the plaintiffs alleged that ICE failed to do so. The complaint details how, in prisons, people are packed in close quarters (limiting the ability to social distance), are forced to share necessities with many others, and are deprived of basic forms of preventative hygiene (such as limited access to hand soap to wash hands, a critical part of preventing COVID-19 infection). Plaintiffs further alleged that, even before the pandemic, ICE facilities had a history of unsanitary conditions and poor medical treatment, including ignoring repeated requests for care.

Recognizing that ICE detention is discretionary, each of the plaintiffs had previously filed a release request. At the time of filing, ICE had not responded to plaintiffs’ release requests. All five plaintiffs asserted that they either had minimal or long-past criminal histories and showed little danger to the community or risk of flight. Thus, the plaintiffs sought relief from the district court for immediate release through a Temporary Restraining Order.

On April 12, 2020, Judge Madeline Cox Arleo granted the plaintiffs’ motion for a Temporary Restraining Order and ordered the defendants to immediately release the plaintiffs. Release was subject to the following conditions: all plaintiffs were restricted to home confinement (other than for essential reasons or lawful work), and ordered to comply with all court orders, attend all court dates, adhere to ICE’s standard conditions of release, and comply with all COVID-19 guidance and protocols. Three plaintiffs were also to be supervised by electronic bracelet monitoring. ICE was given 24 hours to process the order and release the plaintiffs. 453 F.Supp.3d 670. The court arranged to hear arguments as to whether the temporary restraining order should become a preliminary injunction on May 4, 2020.

On May 4, 2020, the temporary restraining order was extended for two weeks. At the end of the month, the plaintiffs filed a motion to convert the temporary restraining order to a preliminary injunction.

On December 29, 2020, the court denied the motion as moot in light of the ruling of the Third Circuit in Hope v. Warden York County Prison. 956 F.3d 156. The Third Circuit held that the orders mandating the release of immigration facility detainees due to COVID-19 infection risks were appealable as preliminary injunctions rather than temporary restraining orders, even if the court had classified them as temporary restraining orders. 956 F.3d 156. Based on the Third Circuit ruling, the district court deemed the temporary restraining order a preliminary injunction and continued to enforce the terms as dictated. The parties were ordered to notify the court within thirty days as to whether they agreed to extend the terms of the preliminary injunction. On February 2, 2021, the court ordered the preliminary injunction to be extended until April 28, 2021. Approximately four months later, the court ordered a further extension until January 23, 2022.

Summary Authors

Jordan Schuler (10/9/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17040702/parties/arriaga-reyes-v-decker/


Judge(s)

Arleo, Madeline Cox (New Jersey)

Attorneys(s) for Plaintiff

Anello, Farrin R (New York)

Cho, Eunice (District of Columbia)

Dona, Julie Ann (New York)

Fathi, David Cyrus (District of Columbia)

Haas, Katherine Eliza (New York)

Jadwat, Omar C. (New York)

Levine, Zoe (New York)

Linhorst, Molly KC (New Jersey)

LoCicero, Jeanne (New Jersey)

Judge(s)

Arleo, Madeline Cox (New Jersey)

Attorneys(s) for Plaintiff

Anello, Farrin R (New York)

Cho, Eunice (District of Columbia)

Dona, Julie Ann (New York)

Fathi, David Cyrus (District of Columbia)

Haas, Katherine Eliza (New York)

Jadwat, Omar C. (New York)

Levine, Zoe (New York)

Linhorst, Molly KC (New Jersey)

LoCicero, Jeanne (New Jersey)

Mathur, Suchita (New York)

Padmanabhan, Aadhithi (New York)

Pont, Amy Rebecca (New York)

Ruymann, John Andrew (New Jersey)

Tan, Michael (Connecticut)

Attorneys(s) for Defendant

Hajdarpasic, Enes (New Jersey)

Kuruvilla, Ben (New Jersey)

Silagi, Alex D (New Jersey)

Documents in the Clearinghouse

Document

2:20-cv-03600

Docket [PACER]

Reyes v. Decker

Aug. 23, 2021

Aug. 23, 2021

Docket
12

2:20-cv-03600

First Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Complaint for Injunctive and Declaratory Relief

Reyes v. Decker

April 6, 2020

April 6, 2020

Complaint
26

2:20-cv-03600

Opinion

A.R. v. Decker

453 F.Supp.3d 670

April 12, 2020

April 12, 2020

Order/Opinion
27

2:20-cv-03600

Order

A.R. v. Decker

453 F.Supp.3d 670

April 12, 2020

April 12, 2020

Order/Opinion
50

2:20-cv-03600

Memorandum and Order

A.R. v. Decker

2020 WL 8881561

Dec. 29, 2020

Dec. 29, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17040702/arriaga-reyes-v-decker/

Last updated June 8, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19306871)Document filed by Santiago Cabrera-Campoverde, Fedor Bondarenko, Alvaro Negrette Mejia, Cristian Arriaga Reyes, Carlos Encarnacion, Noe Cornejo Melende. (Attachments: # 1 Declaration of Dr. Mishori, # 2 Declaration of Dr. Van Dalen).(Dona, Julie) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER

ICMS - converted docket entry

April 2, 2020

April 2, 2020

PACER

Remark (public)

April 2, 2020

April 2, 2020

PACER

Notice (Other)

April 2, 2020

April 2, 2020

PACER
2

CIVIL COVER SHEET filed..(Dona, Julie) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
3

NOTICE OF APPEARANCE by Aadhithi Padmanabhan on behalf of Cristian Arriaga Reyes, Fedor Bondarenko, Santiago Cabrera-Campoverde, Noe Cornejo Melende, Carlos Encarnacion, Alvaro Negrette Mejia..(Padmanabhan, Aadhithi) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER

Remark

April 2, 2020

April 2, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)

April 2, 2020

April 2, 2020

PACER

Miscellaneous Document

April 2, 2020

April 2, 2020

PACER

Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)

April 2, 2020

April 2, 2020

PACER

Case Transferred Out - District Transfer

April 2, 2020

April 2, 2020

PACER

Case Designated ECF. (pne)

April 2, 2020

April 2, 2020

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Julie Ann Dona. The party information for the following party/parties has been modified: Santiago Cabrera-Campoverde, Fedor Bondarenko, Alvaro Negrette Mejia, Cristian Arriaga Reyes, Carlos Encarnacion, Noe Cornejo Melende, Steven Ahrendt, Ronald P. Edwards, William P. Barr, Chad Wolf, Thomas Decker. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (pne)

April 2, 2020

April 2, 2020

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Julie Ann Dona. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pne)

April 2, 2020

April 2, 2020

PACER
4

ORDER. For the reasons set forth in the Court's decision in Almazo, 2018 WL 5919523, at *12, the Court holds sua sponte that it lacks venue over petitioners' core habeas claims. The Court therefore transfers this case to the District of New Jersey forthwith. In light of the need for urgent judicial attention to petitioners' claims, the Court waives the seven-day period provided in Local Civil Rule 83.1 to effectuate a transfer to a different district. In light of the significant liberty interests and other equities at stake, and in recognition of the grave risks that continued confinement may pose to petitioners' health, the Court directs the Clerk of Court to effectuate this transfer urgently. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/2/20) (yv) (Entered: 04/03/2020)

April 2, 2020

April 2, 2020

RECAP

CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey.(yv)

April 2, 2020

April 2, 2020

PACER
5

Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:20-cv-02737. Original file certified copy of transfer order and docket sheet received. (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER

Case Transferred Out - District Court Transfer

April 3, 2020

April 3, 2020

PACER

Case Assigned/Reassigned

April 3, 2020

April 3, 2020

PACER

Remark (public)

April 3, 2020

April 3, 2020

PACER

Remark

April 3, 2020

April 3, 2020

PACER

Case assigned to Judge Madeline Cox Arleo. (jr)

April 3, 2020

April 3, 2020

PACER
6

Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been emailed to the attorney's address. (jr) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER

Clerk's Note: email re: 6 Clerk's Letter sent to apadmanabhan@legal-aid.org and jdona@legal-aid.org returned as undeliverable. (jr)

April 3, 2020

April 3, 2020

PACER
7

NOTICE of Appearance by AMY REBECCA PONT on behalf of CRISTIAN ARRIAGA REYES, FEDOR BONDARENKO, SANTIAGO CABRERA-CAMPOVERDE, NOE CORNEJO MELENDE, CARLOS ENCARNACION, ALVARO NEGRETTE MEJIA (PONT, AMY) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
8

Letter from Amy Pont, Counsel for the Petitioners. (PONT, AMY) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
9

NOTICE of Appearance by ALEX D. SILAGI on behalf of All Defendants (SILAGI, ALEX) (Entered: 04/05/2020)

April 5, 2020

April 5, 2020

PACER
10

NOTICE of Appearance by KATHERINE ELIZA HAAS on behalf of CRISTIAN ARRIAGA REYES, FEDOR BONDARENKO, SANTIAGO CABRERA-CAMPOVERDE, NOE CORNEJO MELENDE, CARLOS ENCARNACION, ALVARO NEGRETTE MEJIA (HAAS, KATHERINE) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER

Set/Reset Motion and R&R Deadlines/Hearings

April 6, 2020

April 6, 2020

PACER
11

NOTICE of Appearance by BEN KURUVILLA on behalf of STEVEN AHRENDT, WILLIAM P BARR, THOMAS DECKER, RONALD P EDWARDS, CHAD WOLF (KURUVILLA, BEN) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
12

AMENDED COMPLAINT against STEVEN AHRENDT, WILLIAM P BARR, THOMAS DECKER, RONALD P EDWARDS, CHAD WOLF, filed by SANTIAGO CABRERA-CAMPOVERDE, FEDOR BONDARENKO, ALVARO NEGRETTE MEJIA, CRISTIAN ARRIAGA REYES, NOE CORNEJO MELENDE. (Attachments: # 1 Declaration Declaration of Robert B. Greifinger, MD, # 2 Declaration Declaration of Marinda Van Dalen)(HAAS, KATHERINE) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
13

Emergency MOTION for Temporary Restraining Order for the Immediate Release of Plaintiffs on Reasonable Conditions by CRISTIAN ARRIAGA REYES, FEDOR BONDARENKO, SANTIAGO CABRERA-CAMPOVERDE, NOE CORNEJO MELENDE, ALVARO NEGRETTE MEJIA. (Attachments: # 1 Declaration Ex. 1 - Declaration of Robert B. Greifinger, MD, # 2 Declaration Ex. 2 - Declaration of Katherine Kim, # 3 Declaration Ex. 3 - Declaration of Karla Ostolaza, # 4 Declaration Ex. 4 - Declaration of Sarah Deri Oshiro, # 5 Declaration Ex. 5 - Declaration of Johanna Zacarias, # 6 Declaration Ex. 6 - Declaration of Rosa Santana, # 7 Declaration Ex. 7 - Declaration of Marinda Van Dalen, # 8 Declaration Ex. 8 - Declaration of Katherine Haas, with Exhibits, # 9 Brief in Support of Motion for Temporary Restraining Order, # 10 Text of Proposed Order)(HAAS, KATHERINE) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
14

Letter from Respondents Requesting Telephone Conference. (SILAGI, ALEX) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER

Set Deadlines as to 13 Emergency MOTION for Temporary Restraining Order for the Immediate Release of Plaintiffs on Reasonable Conditions. Motion set for 5/4/2020 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt, )

April 6, 2020

April 6, 2020

PACER
15

ORDERED that on or before Wednesday April 8, 2020 at 12pm, Respondent shall electronically file a full and complete answer to said Petition, which responds to the factual and legal allegations of the Petition. ORDERED that Petitioner may file and serve a reply in support of the Petition on or before Thursday April 9, 2020 by 12:00 pm; etc. (documents mailed and emailed). Signed by Judge Madeline Cox Arleo on 4/6/2020. (bt, ) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
16

NOTICE of Appearance by JEANNE LOCICERO on behalf of CRISTIAN ARRIAGA REYES, FEDOR BONDARENKO, SANTIAGO CABRERA-CAMPOVERDE, NOE CORNEJO MELENDE, CARLOS ENCARNACION, ALVARO NEGRETTE MEJIA (LOCICERO, JEANNE) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
17

NOTICE of Appearance by FARRIN R. ANELLO on behalf of CRISTIAN ARRIAGA REYES, FEDOR BONDARENKO, SANTIAGO CABRERA-CAMPOVERDE, NOE CORNEJO MELENDE, CARLOS ENCARNACION, ALVARO NEGRETTE MEJIA (ANELLO, FARRIN) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
18

MOTION for Leave to Appear Pro Hac Vice by CRISTIAN ARRIAGA REYES, FEDOR BONDARENKO, SANTIAGO CABRERA-CAMPOVERDE, NOE CORNEJO MELENDE, CARLOS ENCARNACION, ALVARO NEGRETTE MEJIA. (Attachments: # 1 Certification of Molly Linhorst in Support of Pro Hac Vice Admission, # 2 Certification of Aadhithi Padmanabhan in Support of Pro Hac Vice Admission, # 3 Certification Certification of Julie Dona in Support of Pro Hac Vice Admission, # 4 Certification of Suchita Mathur in Support of Pro Hac Vice Admission, # 5 Certification of Zoe Levine in Support of Pro Hac Vice Admission, # 6 Certification of David C. Fathi in Support of Pro Hac Vice Admission, # 7 Certification of Eunice H. Cho in Support of Pro Hac Vice Admission, # 8 Certification of Michael Tan in Support of Pro Hac Vice Admission, # 9 Certification of Omar C. Jadwat in Support of Pro Hac Vice Admission, # 10 Certification of Jeanne LoCicero In Support of Application of Molly Linhorst to Appear Pro Hac Vice, # 11 Certification of Jeanne LoCicero In Support of Application of Aadhithi Padmanabhan to Appear Pro Hac Vice, # 12 Certification of Jeanne LoCicero In Support of Application of Julie Dona to Appear Pro Hac Vice, # 13 Certification of Jeanne LoCicero In Support of Application of Suchita Mathur to Appear Pro Hac Vice, # 14 Certification of Jeanne LoCicero In Support of Application of Zoe Levine to Appear Pro Hac Vice, # 15 Certification of Jeanne LoCicero In Support of Application of David C. Fathi to Appear Pro Hac Vice, # 16 Certification of Jeanne LoCicero In Support of Application of Eunice H. Cho to Appear Pro Hac Vice, # 17 Certification of Jeanne LoCicero In Support of Application of Michael Tan to Appear Pro Hac Vice, # 18 Certification of Jeanne LoCicero In Support of Application of Omar C. Jadwat to Appear Pro Hac Vice, # 19 Text of Proposed Order)(LOCICERO, JEANNE) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
19

Letter from Jeanne LoCicero regarding length of reply brief. (LOCICERO, JEANNE) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
20

BRIEF in Opposition filed by STEVEN AHRENDT, WILLIAM ANDERSON, WILLIAM P BARR, THOMAS DECKER, RONALD P EDWARDS, CHAD WOLF re 13 Emergency MOTION for Temporary Restraining Order for the Immediate Release of Plaintiffs on Reasonable Conditions (Attachments: # 1 Exhibit #1 CDC Interim Guidance dated 3/23/20, # 2 Exhibit #2 ICE Guidance Re COVID-19 dated 3/27/20, # 3 Exhibit #3 Francisco M. Order dated 3/5/20 entered by Judge Cecchi, # 4 Exhibit #4 Ahrendt Decl., # 5 Exhibit #5 Edwards Decl., # 6 Exhibit #6 Cabrera-Campoverde NTA, # 7 Exhibit #7 Cabrera-Campoverde Form I-213, # 8 Exhibit #8 Cabrera-Campoverde Rap Sheet, # 9 Exhibit #9 Cabrera-Campoverde Bond Evidence Packet, # 10 Exhibit #10 Mejia NTA, # 11 Exhibit #11 Mejia Conviction Records, # 12 Exhibit #12 Mejia Decision Denying Bond dated 10/31/19 entered by IJ, # 13 Exhibit #13 MEdjia Decision Denying Waiver dated 12/03/19 entered by IJ, # 14 Exhibit #14 Reyes NTA, # 15 Exhibit #15 Reyes Updated Rap Sheet, # 16 Exhibit #16 Melende Form I-213, # 17 Exhibit #17 Melende Updated Rap Sheet, # 18 Exhibit #18 Bondarenko NTA, # 19 Exhibit #19 Bondarenko Decision Denying Bond dated 12/20/19, # 20 Exhibit #20 ICE Updated Guidance dated 4/4/20)(SILAGI, ALEX) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
21

TEXT ORDER, petitioners request to file an overlength brief is granted. So Ordered by Judge Madeline Cox Arleo on 4/9/20. (aa, ) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER

Order

April 9, 2020

April 9, 2020

PACER

~Util - Set/Reset Motion and R&R Deadlines/Hearings

April 9, 2020

April 9, 2020

PACER
22

REPLY to Response to Motion filed by All Plaintiffs re 13 Emergency MOTION for Temporary Restraining Order for the Immediate Release of Plaintiffs on Reasonable Conditions (Attachments: # 1 Declaration Greifinger (Supplemental), # 2 Declaration Gordillo, # 3 Declaration Eisenzweig, # 4 Declaration Durkin, # 5 Declaration Arcia-Quijano, # 6 Declaration Haas)(ANELLO, FARRIN) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
23

TEXT ORDER, case is currently under review and oral argument will go forward if necessary on 4/10/20 at 2:00 p.m. Parties will be advised on 4/10/20 after 12:00 p.m. if oral argument is necessary. So Ordered by Judge Madeline Cox Arleo on 4/9/20. (aa, ) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
24

TEXT ORDER, scheduling oral argument via telephone as to 13 Emergency MOTION for Temporary Restraining Order for the Immediate Release of Plaintiffs on Reasonable Conditions for 4/10/2020 at 2:00 PM before Judge Madeline Cox Arleo. Parties are directed to call into 877-336-1831 access code: 5067367#. So Ordered by Judge Madeline Cox Arleo on 4/9/20. (aa, ) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
25

Letter from Farrin Anello, Counsel for Plaintiffs. (Attachments: # 1 Supplement Supplemental authority)(ANELLO, FARRIN) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
28

Minute Entry for proceedings held before Judge Madeline Cox Arleo: Motion Hearing held on 4/10/2020 re 13 Emergency MOTION for Temporary Restraining Order for the Immediate Release of Plaintiffs on Reasonable Conditions filed by FEDOR BONDARENKO, NOE CORNEJO MELENDE, SANTIAGO CABRERA-CAMPOVERDE, ALVARO NEGRETTE MEJIA, CRISTIAN ARRIAGA REYES. (Court Reporter/Recorder Charles McGuire.) (aa, ) (Entered: 04/13/2020)

April 10, 2020

April 10, 2020

PACER
26

OPINION. Signed by Judge Madeline Cox Arleo on 4/12/20. (aa, ) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

RECAP
27

ORDER granting 13 Motion for TRO. Petitioners are to be released subject to the following specific conditions etc. the Court will hear argument as to whether the TRO should be converted to a preliminary injunction on May 4, 2020, at 2 p.m. by teleconference; etc. Signed by Judge Madeline Cox Arleo on 4/12/20. (aa, ) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

RECAP

Set/Reset Motion and R&R Deadlines/Hearings

April 15, 2020

April 15, 2020

PACER

Set Deadlines as to 18 MOTION for Leave to Appear Pro Hac Vice . Motion set for 5/4/2020 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt, )

April 15, 2020

April 15, 2020

PACER
29

Letter from Petitioners and Respondents. (ANELLO, FARRIN) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
30

ORDER re 29 Letter request, Respondents have agreed to extend the temporary restraining order entered by the Court by two weeks, through May 18, 2020 and adjourning the oral argument currently scheduled for May 4 for a future date. Signed by Judge Madeline Cox Arleo on 5/4/2020. (bt, ) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
31

Letter from Petitioners and Respondents. (ANELLO, FARRIN) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
32

ORDER granting 31 Letter request for the following briefing schedule for a preliminary injunction: Petitioners brief: May 29, 2020, Respondents brief: June 8, 2020, Petitioners reply: June 10, 2020. Signed by Judge Madeline Cox Arleo on 5/26/2020. (bt, ) (Entered: 05/27/2020)

May 26, 2020

May 26, 2020

PACER
33

MOTION for Preliminary Injunction by CRISTIAN ARRIAGA REYES, FEDOR BONDARENKO, SANTIAGO CABRERA-CAMPOVERDE, NOE CORNEJO MELENDE, ALVARO NEGRETTE MEJIA. (Attachments: # 1 Brief in Support of Motion to Convert Temporary Restraining Order to Preliminary Injunction, # 2 Declaration Second Supplemental Declaration of Robert B. Greifinger, MD, # 3 Declaration of Professor Gregg Gonsalves, Ph.D., # 4 Declaration of Professor Lauren Brinkley-Rubinstein, Ph.D., # 5 Declaration Supplemental Declaration of Sarah Deri Oshiro, # 6 Declaration of Katherine Kim, # 7 Declaration of Cristian Arriaga Reyes, # 8 Declaration of Alvaro Negrette Mejia, # 9 Declaration of Noe Cornejo Melende, # 10 Declaration of Santiago Cabrera Campoverde, # 11 Declaration of Fedor Bondarenko, # 12 Declaration of Katherine Haas, with Exhibits, # 13 Text of Proposed Order, # 14 Certificate of Service)(ANELLO, FARRIN) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
34

Letter from Respondents re: briefing schedule. (KURUVILLA, BEN) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
35

RESPONSE in Opposition filed by STEVEN AHRENDT, WILLIAM ANDERSON, WILLIAM P BARR, THOMAS DECKER, RONALD P EDWARDS, CHAD WOLF re 33 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1 (April 2 2020 Updated ICE Guidance), # 2 Exhibit 2 (April 10 2020 ICE ERO COVID-19 Pandemic Response Requirements), # 3 Exhibit 3 (Declaration of Steven Ahrendt dated June 10 2020), # 4 Exhibit 4 (Declaration of Ron Edwards, dated June 8 2020), # 5 Exhibit 5 (Medical Records - Santiago C.C.), # 6 Exhibit 6 (Medical Records - Noe C.M.), # 7 Exhibit 7 (Medical Records - Fedor B.), # 8 Exhibit 8 (Medical Records - Alvaro N.M.), # 9 Exhibit 9 (Medical Records - Alvaro N.M.) Part 2, # 10 Exhibit 10 (Medical Records - Alvaro N.M.) Part 3, # 11 Exhibit 11 (Medical Records - Alvaro N.M.) Part 4, # 12 Exhibit 12 (Medical Records - Alvaro N.M.) Part 5, # 13 Exhibit 13 (Medical Records - Cristian A.R.), # 14 Exhibit 14 (Medical Records - Cristian A.R.) Part 2)(KURUVILLA, BEN) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
36

Exhibit Index to Re 35 Response in Opposition to Motion,,,,. (Attachments: # 1 Exhibit 5, # 2 Exhibit 6, # 3 Exhibit 7)(KURUVILLA, BEN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 06/12/2020)

June 11, 2020

June 11, 2020

PACER
37

Exhibit Index to Re 36 Exhibit Index,, 35 Response in Opposition to Motion,,,,. (Attachments: # 1 Exhibit 8 (Alvaro N.M. Meds) p. 1-140, # 2 Exhibit 8 (continued) (Alvaro N.M. Meds) p. 141-207, # 3 Exhibit 9 (Alvaro N.M. Meds), # 4 Exhibit 10 (Alvaro N.M. Meds) p. 4-7, # 5 Exhibit 11 (Alvaro N. M. Meds) p. 19-23; 34-40, # 6 Exhibit 11 (continued) (Alvaro N.M. Meds) p. 41-82, # 7 Exhibit 11 (continued) (Alvaro N.M. Meds) p. 83-154, # 8 Exhibit 12 (Alvaro N.M. Meds) p. 158-170, # 9 Exhibit 13 (Cristian A.R. Meds), # 10 Exhibit 14 (Cristian A.R. Meds))(KURUVILLA, BEN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
38

REPLY BRIEF to Opposition to Motion filed by CRISTIAN ARRIAGA REYES, FEDOR BONDARENKO, SANTIAGO CABRERA-CAMPOVERDE, NOE CORNEJO MELENDE, ALVARO NEGRETTE MEJIA re 33 MOTION for Preliminary Injunction (Attachments: # 1 Declaration - Third Supplemental Declaration of Robert B. Greifinger, MD, # 2 Declaration of Dr. Kim Strong Griswold, # 3 Declaration of Dr. Kate Sugarman)(ANELLO, FARRIN) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
39

Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney KATHERINE ELIZA HAAS terminated. (HAAS, KATHERINE) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
40

ORDER granting 18 Motion for Leave to Appear Pro Hac Vice for MollyLinhorst, Esq.; Aadhithi Padmanabhan, Esq.; Julie Dona, Esq.; Suchita Mathur, Esq.; Zoe Levine, Esq.; David C. Fathi, Esq.; Eunice H. Cho, Esq.; Michael Tan, Esq.; and Omar C. Jadwat, Esq etc. Signed by Judge Madeline Cox Arleo on 10/27/2020. (bt, ) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
41

Letter from Jeanne LoCicero regarding pro hac vice fee waiver. (Attachments: # 1 Declaration of Aadhithi Padmanabhan)(LOCICERO, JEANNE) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
42

Notice of Request by Pro Hac Vice Aadhithi Padmanabhan and Julie Dona to receive Notices of Electronic Filings. (LOCICERO, JEANNE) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
43

Notice of Request by Pro Hac Vice Zoe Levine to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-11662805.) (LOCICERO, JEANNE) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
44

Letter from Jeanne LoCicero regarding pro hac vice fee waiver. (Attachments: # 1 Declaration of Suchita Mathur)(LOCICERO, JEANNE) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
45

Notice of Request by Pro Hac Vice Omar C. Jadwat to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-11664756.) (LOCICERO, JEANNE) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
46

Notice of Request by Pro Hac Vice Michael Tan to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-11664820.) (LOCICERO, JEANNE) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
47

Notice of Request by Pro Hac Vice Eunice Cho to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-11664884.) (LOCICERO, JEANNE) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
48

Notice of Request by Pro Hac Vice David Fathi to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-11664946.) (LOCICERO, JEANNE) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER

Pro Hac Vice counsel, AADHITHI PADMANABHAN and ZOE LEVINE, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (bt, )

Nov. 18, 2020

Nov. 18, 2020

PACER

Pro Hac Vice fee received for Julie Dona: $ 150, receipt number NEW043783 (mfr)

Nov. 18, 2020

Nov. 18, 2020

PACER

Pro Hac Vice counsel, OMAR JADWAT, MICHAEL TAN, EUNICE CHO and DAVID FATHI, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (bt, )

Nov. 18, 2020

Nov. 18, 2020

PACER

Pro Hac Vice Fee Received

Nov. 18, 2020

Nov. 18, 2020

PACER

Notice of Pro Hac Vice counsel added

Nov. 18, 2020

Nov. 18, 2020

PACER
49

MOTION to Withdraw as Attorney Suchita Mathur by CRISTIAN ARRIAGA REYES, SANTIAGO CABRERA-CAMPOVERDE, NOE CORNEJO MELENDE, ALVARO NEGRETTE MEJIA. (Attachments: # 1 Text of Proposed Order)(ANELLO, FARRIN) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
50

ORDER denying as moot 33 Motion for Preliminary Injunction, ORDERED that the Court deems its prior Order, ECF No. 27 to be a Preliminary Injunction in light of the Third Circuits holding in Hope I, ORDERED that the parties shall confer and notify the Court within 30 days as to whether they agree to extend the terms of the Order currently in effect. etc. Signed by Judge Madeline Cox Arleo on 12/29/2020. (bt, ) (Entered: 12/30/2020)

Dec. 29, 2020

Dec. 29, 2020

RECAP
51

Letter from Petitioners re 50 Order on Motion for Preliminary Injunction,. (ANELLO, FARRIN) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
52

ORDER granting 51 Parties Letter request for an extension of preliminary injunction and it's conditions of release to April 28, 2021. Signed by Judge Madeline Cox Arleo on 2/1/2021. (bt, ) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

RECAP
53

Letter from the parties regarding extension of preliminary injunction. (KURUVILLA, BEN) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
54

NOTICE of Appearance by MOLLY KC LINHORST on behalf of CRISTIAN ARRIAGA REYES, FEDOR BONDARENKO, SANTIAGO CABRERA-CAMPOVERDE, NOE CORNEJO MELENDE, ALVARO NEGRETTE MEJIA (LINHORST, MOLLY) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER
55

Letter from all parties. (ANELLO, FARRIN) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
56

ORDER granting 55 Parties Letter request to extend the Preliminary Injunction to 1/23/2022. Signed by Judge Madeline Cox Arleo on 8/23/2021. (bt, ) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
57

Letter

Jan. 21, 2022

Jan. 21, 2022

PACER
58

Order

Jan. 26, 2022

Jan. 26, 2022

PACER
59

Notice of Appearance

Jan. 28, 2022

Jan. 28, 2022

PACER
60

Withdraw as Attorney

June 1, 2022

June 1, 2022

PACER

Set/Reset Motion and R&R Deadlines/Hearings

June 1, 2022

June 1, 2022

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 2, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five men detained in ICE custody, who, as a result of underlying medical conditions, petitioned for immediate release based on heightened risk of serious COVID-19 infection.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

ACLU National Prison Project

Bronx Defenders

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Field Director, New York City Field Office, Federal

Acting Secretary Chad Wolf, Federal

Attorney General William Barr, Federal

Director, County

Warden (Bergen), County

Warden (Essex), County

Defendant Type(s):

Corrections

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

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

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

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: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Habeas relief

Source of Relief:

Litigation

Order Duration: 2020 - 2022

Content of Injunction:

Preliminary relief granted

Issues

General:

Conditions of confinement

Habeas Corpus

Over/Unlawful Detention

Sanitation / living conditions

Medical/Mental Health:

Medical care, general

COVID-19:

Population-Medically vulnerable

Release Granted

Release granted-group

Release granted-individual

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions