Case: Wright v. Anderson

2:20-cv-03704 | U.S. District Court for the District of New Jersey

Filed Date: April 6, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This habeas petition was filed on April 6, 2020 by a group of immigration detainees with underlying medical conditions housed in the Essex County Correctional Facility or the Elizabeth Detention Center, seeking release in light of COVID-19. On April 17, the Court granted a temporary restraining order for five of the petitioners and ordered their release. On April 28, the Court severed all petitioners from the case except the first named petitioner. This habeas petition was fil…

COVID-19 Summary: This habeas petition was filed on April 6, 2020 by a group of immigration detainees with underlying medical conditions housed in the Essex County Correctional Facility or the Elizabeth Detention Center, seeking release in light of COVID-19. On April 17, the Court granted a temporary restraining order for five of the petitioners and ordered their release. On April 28, the Court severed all petitioners from the case except the first named petitioner.


This habeas petition was filed by ten individuals in the custody of U.S. Immigration and Customs Enforcement (ICE) awaiting the resolution of their removal proceedings against the wardens of Essex County Correctional Facility and Elizabeth Detention Center, ICE, the U.S. Department of Homeland Security, and the Attorney General of the United States. Represented by Human Rights First and several private firm attorneys, the petitioners filed their petition on April 6, 2020 in the U.S. District Court for the District of New Jersey. On the following day, the petitioners also filed an emergency motion for a temporary restraining order, requesting that the Court order their immediate release. The petitioners, each of whom have underlying medical conditions that make them particularly vulnerable to COVID-19, argued that their continued detainment exposes them to the risk of contracting the virus and thus violates the Due Process Clause of the Fifth Amendment by amounting to a punishment without a conviction. The case was assigned to Judge Brian R. Martinotti.

On April 17, 2020, Judge Martinotti granted the motion for temporary restraining order (TRO) for five of the petitioners and ordered their immediate release from custody for fourteen days. The Court found that these five petitioners had a reasonable probability of eventual success in the litigation. In light of the petitioners' medical conditions, the Court found that the close quarters of petitioners' living conditions, combined with lack of sanitation supplies and cleaning, amounted to a reasonable probability of success on the Fifth Amendment due process claim. The Court also found that these five petitioners were more likely than not to suffer irreparable harm absent immediate release due to the dangerousness and contagiousness of COVID-19 along with the petitioners' underlying medical conditions. While Judge Martinotti found that ICE has a legitimate interest in ensuring that petitioners do not flee and that the public is protected, the Court noted that the public also has a strong interest in preventing the spread of COVID-19 and that risks to the public can be curtailed by fashioning conditions of release. In weighing these factors, in addition to the extraordinary circumstances posed by the pandemic, the Court exercised its discretion to grant the TRO for these five petitioners. The Court ordered that each released petitioner submit to electronic bracelet and telephone monitoring. As for the remaining five petitioners, two had been released prior to the Court's order on the motion for a temporary restraining order, so the motion was denied as moot as to these petitioners. For the remaining three petitioners, the Court requested additional briefing because these petitioners were presumptively COVID-19 positive. 2020 WL 2121118

Also on April 17, 2020, the District's Chief Judge, Freda Wolfson, entered a general "standing order"--noting that dozens of habeas petitions like this one had been filed, seeking release from immigration detention because of the COVID pandemic. The Standing Order directed that going forward, all petitions would be required to be individual, and that judges already sitting over group petitions, like this one, could use their discretion to sever the cases into multiple individual matters.

On April 28, 2020, Judge Martinotti cited that standing order and exercise his discretion to separate this case into several individual cases; this case was left with just the first-named petitioner as its only petitioner. He directed the clerk to file all documents in the originally opened case into those separate individual actions, so the TRO remained operative for those other cases as well. Oddly, we have been unable to locate any of these cases, using the filing date or names. (Perhaps the individuals didn't pay the filing fees?)

In any event, this case continued, with just the one petitioner. On May 1, the Court extended the April 17 TRO until May 15, 2020. The Court continued to grant extensions of the TRO. The petitioner moved to convert the TRO to a preliminary injunction on August 14. Briefing continued over the next months. On May 20, 2021, the Court deemed its previous TRO to be a preliminary injunction, due to a Third Circuit opinion which held that two orders directing the release of immigration detainees from detention in light of the risks of COVID-19 were appealable preliminary injunctions rather than TROs, regardless of the district court's characterization. See 956 F.3d 156. The Court directed the parties to confer and notify the Court within 30 days as to whether they agree to extend the preliminary injunction.

On August 13, 2021, the petitioner moved to extend the preliminary injunction. The Court has yet to rule on this motion. The case is ongoing.

Summary Authors

Nicholas Gillan (10/2/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17047208/parties/wright-v-anderson/


Judge(s)

Martinotti, Brian R. (New Jersey)

Attorneys(s) for Plaintiff

Hughes, Anwen (New York)

Johnson, Ingrid Dahlman (New York)

Smith, Tracey Salmon (New Jersey)

Attorneys(s) for Defendant

Dauenheimer, David E. (District of Columbia)

Hajdarpasic, Enes (New Jersey)

Jolley, Lance Lomond (District of Columbia)

Ruymann, John Andrew (New Jersey)

Judge(s)

Martinotti, Brian R. (New Jersey)

Attorneys(s) for Plaintiff

Hughes, Anwen (New York)

Johnson, Ingrid Dahlman (New York)

Smith, Tracey Salmon (New Jersey)

Attorneys(s) for Defendant

Dauenheimer, David E. (District of Columbia)

Hajdarpasic, Enes (New Jersey)

Jolley, Lance Lomond (District of Columbia)

Ruymann, John Andrew (New Jersey)

Documents in the Clearinghouse

Document

2:20-cv-03704

Docket [PACER]

Sept. 17, 2021

Sept. 17, 2021

Docket
22

2:20-cv-03704

Opinion

Anthony W v. Anderson

2020 WL 2121118

April 17, 2020

April 17, 2020

Order/Opinion
23

2:20-cv-03704

Order

Anthony W v. Anderson

April 17, 2020

April 17, 2020

Order/Opinion
27

2:20-cv-03704

Order

Anthony W v. Anderson

April 28, 2020

April 28, 2020

Order/Opinion
59

2:20-cv-03704

Memorandum & Order

W v. Anderson

May 20, 2021

May 20, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17047208/wright-v-anderson/

Last updated July 20, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-10648857.), filed by TIEKU ANNOR, MELVIN ALFARO ACUNA, JASON ANTHONY WRIGHT, ISAIAS RAMIREZ ALONZO, JUAN FLORENTINO SAENZ LOPEZ, ISAIAS NAHUN CARDONA, NERY AUGUSTO CANO MARTINEZ, GUANGLEI JIAO, NICOLAS MORALES MORALES, JIAQIANG XU. (Attachments: # 1 Civil Cover Sheet)(SMITH, TRACEY) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
2

Exhibit to 1 Petition for Writ of Habeas Corpus, by MELVIN ALFARO ACUNA, TIEKU ANNOR, ISAIAS NAHUN CARDONA, GUANGLEI JIAO, NERY AUGUSTO CANO MARTINEZ, NICOLAS MORALES MORALES, ISAIAS RAMIREZ ALONZO, JUAN FLORENTINO SAENZ LOPEZ, JASON ANTHONY WRIGHT, JIAQIANG XU. (Attachments: # 1 Exhibit A. Keller Declaration, # 2 Exhibit B. Meyer Declaration, # 3 Exhibit C. Venter Declaration, # 4 Exhibit D. Hughes Cert (Acuna), # 5 Exhibit E. Hughes Cert (Jiao), # 6 Exhibit F. Johnson Cert (Wright), # 7 Exhibit G. Gendelman Cert (Xu), # 8 Exhibit H. Khandwala (Saenz Lopez), # 9 Exhibit I. Franco-Pareses Declaration, # 10 Exhibit J. Schriro Declaration, # 11 Exhibit K.Gendelman Cert (Cardona), # 12 Exhibit L.Gendelman Cert (Morales), # 13 Exhibit M. Hughes Cert (Alonzo), # 14 Exhibit N. Khawam Cert (Martinez), # 15 Exhibit O. Khandwala Decl (Annor))(SMITH, TRACEY)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: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
3

NOTICE of Appearance by ANWEN SARAH HUGHES on behalf of All Plaintiffs (HUGHES, ANWEN) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER

Add and Terminate Judges

April 7, 2020

April 7, 2020

PACER

Order

April 7, 2020

April 7, 2020

PACER

Set/Reset Motion and R&R Deadlines/Hearings

April 7, 2020

April 7, 2020

PACER

Judge Brian R. Martinotti added. (ps, )

April 7, 2020

April 7, 2020

PACER
4

TEXT ORDER: The parties are advised that a telephone conference is scheduled for 04/08/20 at 2:00 pm. The call-in information is as follows: Participants will dial (1-888-684-8852) and the Access Code (1852046#) to join in on the conference call. The Participant can dial (*6) to Mute. The conference will terminate when the last party hangs up. SO ORDERED by Judge Brian R. Martinotti on 04/07/2020. (lr, ) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
5

TEXT ORDER: The parties are advised that a telephone conference is scheduled for 04/08/20 at 2:00 pm. The call-in information is as follows: Participants will dial (1-888-684-8852) and the Access Code (1852046#) to join in on the conference call. The Participant can dial (*6) to Mute. The conference will terminate when the last party hangs up. SO ORDERED by Judge Brian R. Martinotti on 04/07/2020. (lr, ) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
6

NOTICE of Appearance by INGRID DAHLMAN JOHNSON on behalf of MELVIN ALFARO ACUNA, TIEKU ANNOR, ISAIAS NAHUN CARDONA, GUANGLEI JIAO, NERY AUGUSTO CANO MARTINEZ, NICOLAS MORALES MORALES, ISAIAS RAMIREZ ALONZO, JUAN FLORENTINO SAENZ LOPEZ, JASON ANTHONY WRIGHT, JIAQIANG XU (JOHNSON, INGRID) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
7

MOTION for Temporary Restraining Order by MELVIN ALFARO ACUNA, TIEKU ANNOR, ISAIAS NAHUN CARDONA, GUANGLEI JIAO, NERY AUGUSTO CANO MARTINEZ, NICOLAS MORALES MORALES, ISAIAS RAMIREZ ALONZO, JUAN FLORENTINO SAENZ LOPEZ, JASON ANTHONY WRIGHT, JIAQIANG XU. (Attachments: # 1 Brief, # 2 Exhibit 1. Thakker Order, # 3 Exhibit 2. Coronel Order, # 4 Exhibit 3. Basank Order, # 5 Exhibit 4. Xochihua Order, # 6 Exhibit 5. US v Barkman Order, # 7 Certification Johnson Rule 65 Cert, # 8 Text of Proposed Order Proposed Order)(SMITH, TRACEY) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
8

MOTION for Leave to Appear Pro Hac Vice for Hardy Vieux by MELVIN ALFARO ACUNA, TIEKU ANNOR, ISAIAS NAHUN CARDONA, GUANGLEI JIAO, NERY AUGUSTO CANO MARTINEZ, NICOLAS MORALES MORALES, ISAIAS RAMIREZ ALONZO, JUAN FLORENTINO SAENZ LOPEZ, JASON ANTHONY WRIGHT, JIAQIANG XU. (Attachments: # 1 Certification Johnson, # 2 Certification Vieux, # 3 Text of Proposed Order)(SMITH, TRACEY) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
9

MOTION for Leave to Appear Pro Hac Vice for Patricia Stottlemyer by MELVIN ALFARO ACUNA, TIEKU ANNOR, ISAIAS NAHUN CARDONA, GUANGLEI JIAO, NERY AUGUSTO CANO MARTINEZ, NICOLAS MORALES MORALES, ISAIAS RAMIREZ ALONZO, JUAN FLORENTINO SAENZ LOPEZ, JASON ANTHONY WRIGHT, JIAQIANG XU. (Attachments: # 1 Certification Johnson, # 2 Certification Stottlemyer, # 3 Text of Proposed Order)(SMITH, TRACEY) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER

Set Deadlines as to 8 MOTION for Leave to Appear Pro Hac Vice for Hardy Vieux, 9 MOTION for Leave to Appear Pro Hac Vice for Patricia Stottlemyer, 7 MOTION for Temporary Restraining Order . Motion set for 5/4/2020 before Judge Brian R. Martinotti. 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. (lag, )

April 7, 2020

April 7, 2020

PACER
10

NOTICE of Appearance by DAVID EDWARD DAUENHEIMER on behalf of All Defendants (DAUENHEIMER, DAVID) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER

Set/Reset Motion and R&R Deadlines/Hearings

April 8, 2020

April 8, 2020

PACER
12

Minute Entry for proceedings held before Judge Brian R. Martinotti: Telephone Conference held on 4/8/2020. (Court Reporter/Recorder Megan McKay Soule.) (lr, ) (Entered: 04/09/2020)

April 8, 2020

April 8, 2020

PACER
11

TEXT ORDER: Petitioners request that the Government submit their papers by the close of business on Monday, April 13, that Petitioners will waive a reply and this matter be scheduled for an argument on Tuesday, April 14, 2020 at 2:00 p.m. is granted. The call-in information is as follows: Participants will dial (1-888-684-8852) and the Access Code (1852046#) to join in on the conference call. SO ORDERED by Judge Brian R. Martinotti on 04/09/2020. (lr, ) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER

Order

April 9, 2020

April 9, 2020

PACER
13

NOTICE of Appearance by LANCE JOLLEY on behalf of All Defendants (JOLLEY, LANCE) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
14

Letter from Tracey Salmon-Smith re 7 MOTION for Temporary Restraining Order, 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit Opinion, # 2 Exhibit Order)(SMITH, TRACEY) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
15

Letter from Ingrid D. Johnson. (Attachments: # 1 Exhibit A)(JOHNSON, INGRID) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
16

RESPONSE in Opposition filed by All Defendants re 7 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A-Interim Guidance, # 2 Exhibit B-Detention Memorandam, # 3 Exhibit C-Wright Bond Decision, # 4 Exhibit D-Acuna Red Notice, # 5 Exhibit E-Saenz I-213, # 6 Exhibit F-1-Xu Conviction, # 7 Exhibit F-2-Xu IJ Order, # 8 Exhibit G-Alonzo I-213, # 9 Exhibit H-1-Cano Martinez I-213, # 10 Exhibit H-2-Cano Martinez Bond Denial, # 11 Exhibit H-3-Cano Martinez Bond Denial, # 12 Exhibit I-1-Morales I-213, # 13 Exhibit I-2-Morales VD Grant, # 14 Exhibit J-Francisco Order, # 15 Declaration Ortiz Declaration-ECCF, # 16 Declaration Montalvo Declaration-EDC)(JOLLEY, LANCE) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
17

Minute Entry for proceedings held before Judge Brian R. Martinotti: Motion Hearing held on 4/14/2020 re 7 MOTION for Temporary Restraining Order filed by NICOLAS MORALES MORALES, JASON ANTHONY WRIGHT, JIAQIANG XU, GUANGLEI JIAO, TIEKU ANNOR, JUAN FLORENTINO SAENZ LOPEZ, ISAIAS RAMIREZ ALONZO, ISAIAS NAHUN CARDONA, MELVIN ALFARO ACUNA, NERY AUGUSTO CANO MARTINEZ. Court RESERVED decision. (Court Reporter/Recorder Megan McKay Soule.) (lr, ) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
18

Exhibit to 2 Exhibit (to Document),,,,, P - Dr. Sugarman Certification by All Plaintiffs. (SMITH, TRACEY)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: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
19

Letter from Counsel for Respondents. (DAUENHEIMER, DAVID) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
20

RESPONSE. (JOHNSON, INGRID)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: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
21

Letter from Tracey Salmon-Smith. (JOHNSON, INGRID) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
22

OPINION. Signed by Judge Brian R. Martinotti on 4/17/2020. (ps, ) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
23

ORDER granting in part, denied without prejudice as moot in part and reserved in part 7 Petitioner's Motion for a TRO. Signed by Judge Brian R. Martinotti on 4/17/2020. (ps, ) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
24

BRIEF in Support filed by All Plaintiffs re 1 PETITION for Hardy Vieux Supplemental Brief in Support of TRO (Attachments: # 1 Exhibit A. Rodriguez Decl, # 2 Exhibit B. Acuna Supp Cert, # 3 Exhibit C. Lopez Supp Cert, # 4 Exhibit D Alonzo Supp Cert, # 5 Exhibit E Schriro Dec, # 6 Exhibit F. Sugarman Supp Report)(SMITH, TRACEY)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. Modified on 4/21/2020 (mfr). (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER

Docket Annotation (public)

April 21, 2020

April 21, 2020

PACER

Docket Annotation

April 21, 2020

April 21, 2020

PACER

Be advised that the docket text for D.E 24 has been modified to accurately reflect the correct docket relationship to D.E. 1 . (mfr)

April 21, 2020

April 21, 2020

PACER
25

Certification of Ingrid D. Johnson on behalf of All Plaintiffs Re 24 Brief in Support of Motion,,,. (JOHNSON, INGRID) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
26

RESPONSE re 24 Brief in Support of Motion,,,. (Attachments: # 1 Declaration Ortiz Declaration - ECCF, # 2 Declaration Montalvo Declaration - EDC, # 3 Exhibit Ex A - CDC Interim Guidance)(JOLLEY, LANCE) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
27

ORDER that the Clerk of the Court shall sever the petitioners after the first named petitioner and file all documents in the originally opened case into separate individual actions with one named petitioner; When these multi-petitioner cases are severed, each petitioner shall be responsible for paying the applicable filing fee or submitting a completed application to proceed in forma pauperis, etc. Signed by Judge Brian R. Martinotti on 4/28/2020. (ams, ) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP
28

Letter from Respondents re 26 Response (NOT Motion). (Attachments: # 1 Declaration Ex A - Fifth Amended Ortiz Declaration)(JOLLEY, LANCE) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
29

ORDER that the temporary restraining order is extended until 5/15/2020. Signed by Judge Brian R. Martinotti on 5/1/2020. (ams, ) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

RECAP
30

Letter from Tracey Salmon-Smith. (JOHNSON, INGRID) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
31

ORDER granting 30 Letter requesting to extend Temporary Restraining Order to 6/5/2020. Signed by Judge Brian R. Martinotti on 5/15/2020. (ams, ) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
32

MOTION to Seal by JASON ANTHONY WRIGHT. (Attachments: # 1 Brief, # 2 Certification, # 3 Text of Proposed Order)(JOHNSON, INGRID) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER

Set Deadlines as to 32 MOTION to Seal . Motion set for 6/15/2020 before Judge Brian R. Martinotti. 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. (lag, )

May 21, 2020

May 21, 2020

PACER

Set/Reset Motion and R&R Deadlines/Hearings

May 21, 2020

May 21, 2020

PACER
33

Letter from Counsel for Respondents. (DAUENHEIMER, DAVID) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
34

ORDER granting 33 Letter requesting an extension of the TRO until 7/3/2020. Signed by Judge Brian R. Martinotti on 6/2/2020. (ams, ) (Entered: 06/03/2020)

June 2, 2020

June 2, 2020

PACER
35

Letter from Tracey Salmon-Smith. (JOHNSON, INGRID) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
36

Letter from Ingrid D. Johnson. (JOHNSON, INGRID) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
37

ORDER granting 36 Letter re Briefing Schedule. Signed by Judge Brian R. Martinotti on 8/11/2020. (ams, ) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
38

MOTION for Preliminary Injunction by JASON ANTHONY WRIGHT. (Attachments: # 1 Brief, # 2 Declaration, # 3 Declaration, # 4 Certification of Ingrid Johnson in Support of Motion for a Preliminary Injunction, # 5 Exhibit A to Certification of Ingrid Johnson in Support of Motion for a Preliminary Injunction, # 6 Exhibit B to Certification of Ingrid Johnson in Support of Motion for a Preliminary Injunction, # 7 Exhibit C to Certification of Ingrid Johnson in Support of Motion for a Preliminary Injunction, # 8 Exhibit D to Certification of Ingrid Johnson in Support of Motion for a Preliminary Injunction, # 9 Exhibit E to Certification of Ingrid Johnson in Support of Motion for a Preliminary Injunction, # 10 Exhibit F to Certification of Ingrid Johnson in Support of Motion for a Preliminary Injunction, # 11 Text of Proposed Order)(JOHNSON, INGRID) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER

Set Deadlines as to 38 MOTION for Preliminary Injunction . Motion set for 9/8/2020 before Judge Brian R. Martinotti. 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. (lag, )

Aug. 17, 2020

Aug. 17, 2020

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Aug. 18, 2020

Aug. 18, 2020

PACER
39

Letter from Respondents. (JOLLEY, LANCE) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
40

ORDER granting 39 Letter re Briefing Schedule. Signed by Judge Brian R. Martinotti on 9/8/2020. (ams, ) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
41

BRIEF in Opposition filed by All Defendants re 38 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Interim Guidance - CDC, # 2 Exhibit ICE Action Plan, # 3 Exhibit ICE Updated Guidance, # 4 Exhibit ICE COVID Response Requirements, # 5 Exhibit 21st Amended Ortiz Declaration, # 6 Exhibit IJ Bond Memorandum, # 7 Exhibit Medical Record)(JOLLEY, LANCE)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: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
42

Letter from Ingrid D. JOhnson re 38 MOTION for Preliminary Injunction . (JOHNSON, INGRID) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
43

Consent MOTION to Seal by All Defendants. (Attachments: # 1 Declaration Declaration of Lance L. Jolley, # 2 Text of Proposed Order Proposed Order)(JOLLEY, LANCE) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
44

ORDER granting 43 Motion to Seal, etc. Signed by Judge Brian R. Martinotti on 10/5/2020. (ams, ) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
45

ORDER granting 42 Letter requesting an extension until 10/28/2020 to submit a Reply to Respondents' Opposition to Petitioner's Motion for a Preliminary Injunction. Signed by Judge Brian R. Martinotti on 10/5/2020. (ams, ) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
46

RESPONSE in Support filed by JASON ANTHONY WRIGHT re 38 MOTION for Preliminary Injunction Reply Brief in Support of His Motion for Preliminary Injunction (Attachments: # 1 Certification Third Certification of Dr. Sugarman, # 2 Declaration Second Declaration of Jason W., # 3 Certification Certification of I. Johnson in Support of Preliminary Injunction)(JOHNSON, INGRID)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: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
47

ORDER granting 32 Motion to Seal; The 8 and 9 Motions for Leave to Appear Pro Hac Vice as to Hardy Vieux, Esq. and Patricia Stottlemyer, Esq. are GRANTED, etc. Signed by Judge Brian R. Martinotti on 11/10/2020. (ams, ) (Entered: 11/12/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER
48

Proposed Order CONSENT ORDER TO SEAL DOCUMENTS AND LETTER by JASON ANTHONY WRIGHT re 38 MOTION for Preliminary Injunction, 46 Response in Support of Motion,,, 41 Brief in Opposition to Motion,,,. (Attachments: # 1 Letter)(SMITH, TRACEY) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
49

Notice of Request by Pro Hac Vice Patricia Stottlemyer, Esq. to receive Notices of Electronic Filings. (Attachments: # 1 Letter, # 2 Declaration, # 3 Exhibit A)(JOHNSON, INGRID) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
50

Notice of Request by Pro Hac Vice Hardy Vieux, Esq. to receive Notices of Electronic Filings. (Attachments: # 1 Letter, # 2 Declaration, # 3 Exhibit A)(JOHNSON, INGRID) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
51

CONSENT ORDER to Seal Documents. Signed by Judge Brian R. Martinotti on 11/30/2020. (ams, ) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
52

ORDER that within 5 days of the date of this Order, Respondents shall file an updated declaration; Within 5 days of the filing of Respondents updated declaration, Petitioner may file an updated declaration; Petitioner's 38 Motion for Preliminary Injunction is ADMINISTRATIVELY TERMINATED, etc. Signed by Judge Brian R. Martinotti on 3/8/2021. (ams, ) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

RECAP
53

RESPONSE. (Attachments: # 1 Declaration Ortiz 2-25-21 Decl.)(JOLLEY, LANCE) (Entered: 03/15/2021)

March 15, 2021

March 15, 2021

PACER
54

RESPONSE re 52 Order on Motion for Preliminary Injunction, 53 Response (NOT Motion). (Attachments: # 1 Exhibit A. Declaration of Salmon-Smith, # 2 Exhibit B. ICE Interim Guidance: Civil Immigration Enforcement & Removal Priorties)(SMITH, TRACEY) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER
55

Letter from Tracey Salmon-Smith re 54 Response (NOT Motion),. (SMITH, TRACEY) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
56

MOTION to Withdraw as Attorney by Hardy Vieux by JASON ANTHONY WRIGHT. (SMITH, TRACEY) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
57

ORDER granting 56 Motion to Withdraw as Attorney. Pro Hac Vice Attorney Hardy Vieux terminated. Signed by Judge Brian R. Martinotti on 5/3/2021. (ams, ) (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

PACER
58

MOTION to Withdraw as Attorney by JASON ANTHONY WRIGHT. (JOHNSON, INGRID) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER
59

MEMORANDUM & ORDER that the Court deems its prior 22 Order to be a Preliminary Injunction; The 38 Motion to Convert the TRO to a Preliminary Injunction is denied as MOOT; The Court otherwise continues the terms of the 22 Order currently in effect, etc. Signed by Judge Brian R. Martinotti on 5/20/2021. (ams, ) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

RECAP
60

Letter from Tracey Salmon-Smith re 59 Order,. (SMITH, TRACEY) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
61

ORDER granting 60 Letter re Briefing Schedule. Signed by Judge Brian R. Martinotti on 6/22/2021. (ams, ) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
62

Letter re 61 Order, 59 Order,. (SMITH, TRACEY) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

PACER
63

ORDER granting 62 Letter re Briefing Schedule. Signed by Judge Brian R. Martinotti on 7/29/2021. (ams, ) (Entered: 07/29/2021)

July 29, 2021

July 29, 2021

PACER
64

MOTION for Preliminary Injunction Extension by JASON ANTHONY WRIGHT. (Attachments: # 1 Declaration Sugarman, # 2 Declaration Comstock, # 3 Certification TSS)(SMITH, TRACEY) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER

CLERK'S QUALITY CONTROL MESSAGE - The Declaration of Comstock submitted by T. Smith on 8/13/2021 contains an improper signature. Only the filing user is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. Also the motion is missing a brief or statement that a brief is not necessary and a proposed Order. Please RESUBMIT ONLY THE MISSING DOCUMENTS AND PROPER SIGNATURE REQUIREMENTS. (JB, )

Aug. 16, 2021

Aug. 16, 2021

PACER
65

DECLARATION of Emily Comstock re 64 MOTION for Preliminary Injunction Extension (Replacement for Docket No. 64-2) by JASON ANTHONY WRIGHT. (SMITH, TRACEY) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER

QC - Electronic Signature Does Not Match E-filer

Aug. 16, 2021

Aug. 16, 2021

PACER
66

MOTION to Withdraw as Attorney by JASON ANTHONY WRIGHT. (SMITH, TRACEY) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
67

ORDER granting 66 Motion to Withdraw Patricia Stottlemyer as Pro Hac Vice Counsel. Signed by Judge Brian R. Martinotti on 8/20/2021. (bt, ) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER

Set Deadlines as to 64 MOTION for Preliminary Injunction Extension. Motion set for 9/7/2021 before Judge Brian R. Martinotti. 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. (JB, )

Aug. 23, 2021

Aug. 23, 2021

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Aug. 23, 2021

Aug. 23, 2021

PACER
68

Consent MOTION for Extension of Time to File Response/Reply as to 64 MOTION for Preliminary Injunction Extension by MATTHEW ALBENCE, WILLIAM J. ANDERSON, WILLIAM P. BARR, GUY CIRILLO, ORLANDO RODRIGUEZ, JOHN TSOUKARIS, CHAD F. WOLF. (JOLLEY, LANCE) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
69

ORDER granting 68 Letter re Briefing Schedule. Signed by Judge Brian R. Martinotti on 9/17/2021. (ams, ) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

PACER
70

Brief

Oct. 7, 2021

Oct. 7, 2021

PACER
71

Extension of Time to File Response/Reply

Oct. 13, 2021

Oct. 13, 2021

PACER
72

Order

Oct. 13, 2021

Oct. 13, 2021

PACER
73

Seal

Oct. 20, 2021

Oct. 20, 2021

PACER
74

Order on Motion to Seal

Oct. 21, 2021

Oct. 21, 2021

PACER
75

Brief

Oct. 28, 2021

Oct. 28, 2021

PACER
76

Declaration

Oct. 28, 2021

Oct. 28, 2021

PACER

QC - Document contains an Electronic Signature of a Non-Attorney

Nov. 1, 2021

Nov. 1, 2021

PACER

QC - Generic Message

Nov. 1, 2021

Nov. 1, 2021

PACER
77

Letter

Nov. 4, 2021

Nov. 4, 2021

PACER
78

Letter

Nov. 25, 2021

Nov. 25, 2021

PACER
79

Order AND ~Util - Terminate Motions

Jan. 21, 2022

Jan. 21, 2022

PACER
80

Letter

Feb. 2, 2022

Feb. 2, 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 6, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Ten medically vulnerable individuals in the custody of U.S. Immigration and Customs Enforcement

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Human Rights First

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Essex County Correctional Facility (Essex), County

Elizabeth Detention Center (Elizabeth, Union), Federal

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

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

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

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Habeas relief

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Conditions of confinement

Habeas Corpus

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

COVID-19:

Release Granted

Release granted-group

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions