Case: Prieto Refunjol v. Adducci

2:20-cv-02099 | U.S. District Court for the Southern District of Ohio

Filed Date: April 24, 2020

Closed Date: Jan. 28, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This habeas corpus action was filed on April 24, 2020 by a group of civil detainees with serious health conditions in the custody of Immigration and Customs Enforcement. The Court granted a temporary restraining order on April 27 and ordered the release of the plaintiffs. Later, 20 additional plaintiffs were added to an amended petition for a writ of habeas corpus. Later, the Court granted in part and denied in part a preliminary injunction. On August 6, the parties entered in…

COVID-19 Summary: This habeas corpus action was filed on April 24, 2020 by a group of civil detainees with serious health conditions in the custody of Immigration and Customs Enforcement. The Court granted a temporary restraining order on April 27 and ordered the release of the plaintiffs. Later, 20 additional plaintiffs were added to an amended petition for a writ of habeas corpus. Later, the Court granted in part and denied in part a preliminary injunction. On August 6, the parties entered into a consent order. The case is now closed.


This case is about whether Immigration and Customs Enforcement ("ICE") must release three civil detainees with serious health conditions housed at either Butler County Jail or Morrow County Jail due to the COVID-19 pandemic. The plaintiffs filed this action against ICE and the Detroit Director of ICE in the U.S. District Court for the Southern District of Ohio on April 24, 2020, requesting that the Court issue a writ of habeas corpus ordering their immediate release or, alternatively for the Court to issue an injunction ordering the defendants to release the plaintiffs immediately. The plaintiffs claimed that their continued detention violated their substantive due process rights under the Fifth Amendment of the United States Constitution by subjecting them to imminent risk of contracting COVID-19 and thereby subjecting civil detainees to cruel treatment and conditions of confinement amounting to punishment. The case was assigned to Judge Sarah D. Morrison.

On the same day that they filed the case, the plaintiffs also moved for a temporary restraining order ("TRO"). On April 27, the Court granted the motion. The Court found that plaintiffs were likely to succeed on the merits of their Fifth Amendment claim due to the possibility of detention jeopardizing the plaintiffs' health. The court also noted that plaintiffs were not flight risks due to their connections within the United States. The Court weighed the risk of flight with the risk of infection and negative health consequences and found that the jails had not taken any precautions against virus transmission. The Court concluded that the severity of COVID-19, along with the plaintiffs' underlying medical conditions, showed a great risk of irreparable harm. In addition, the Court found that the public interest is best served by preventing further transmission of COVID-19, which weighed in favor of the plaintiffs' release from detention. In granting the TRO, the Court ordered the plaintiffs to be immediately released and quarantined and to remain in home detention. The Court also announced that it would hold a preliminary injunction hearing on May 11.

On May 5, 2020, the plaintiffs filed an amended petition for writ of habeas corpus and a first amended complaint, adding twenty plaintiffs to the action. On the same day, the plaintiffs moved for another TRO. The additional plaintiffs alleged that they were infected with COVID-19 and that their infection could not be adequately treated while detained. On May 6, the Court held a preliminary conference and found that the plaintiffs had not met their burden to prove the necessity of a TRO and the Court therefore denied the motion the next day.

On May 14, 2020, the Court granted a preliminary injunction in part and denied it in part. 461 F.Supp.3d 675. The Court divided the plaintiffs into two groups: the infected (additional plaintiffs) and the uninfected (original plaintiffs). The Court found that two of the plaintiffs' claims were moot due to their release. The Court found that two out of the three uninfected plaintiffs again showed a likelihood of succeeding on the merits of their Fifth Amendment claim due to their high risk medical conditions and the fact that their health interest outweighed the defendants' interest in detaining them. The Court found that the remaining uninfected plaintiff did not show a likelihood of success by failing to offer supporting evidence of a serious medical condition. With regard to the already-infected plaintiffs, the Court found that the Morrow County Jail's inability to control the spread of infection, its failures to monitor detainees' symptoms, and its poor conditions created an unconstitutionally acceptable environment which amounted to an intent to punish the additional plaintiffs. The Court therefore found that the infected plaintiffs were likely to succeed on the merits. Out of the eighteen remaining plaintiffs, the Court found that thirteen were at high risk for irreparable harm due their severe medical conditions and that the remaining five were at a low risk of irreparable harm. In analyzing the public interest, the Court found that the public would be served by reducing the number of detainees at Morrow County Jail and therefore preventing further transmission of the virus.

After balancing the factors to be considered in deciding a preliminary injunction, the Court ordered that two out of the three uninfected plaintiffs remain released for the duration of the litigation. In addition, the Court ordered that eleven of the remaining eighteen infected plaintiffs--those with serious medical conditions--be released for the duration of the litigation. The Court denied a preliminary injunction for the remaining eight plaintiffs. On May 27, 2021, the uninfected plaintiff that was denied preliminary relief moved for reconsideration. On June 5, the Court denied the motion. 2020 WL 3026236. The Court found that the plaintiff had failed to submit evidence to establish a serious medical condition that would deem him likely to succeed on the merits of his Fifth Amendment claim and likely to be irreparably harmed by further detention.

On July 13, 2020, the defendants appealed the Court's preliminary injunction order (USCA Case No. 20-3757). On August 6, the parties entered into a consent order to compromise the disputed claims. Seven of the plaintiffs agreed to voluntary dismissal with prejudice, one plaintiff agreed to dismissal without prejudice on the condition that ICE would maintain the status quo of his current conditions of release, and thirteen of the plaintiffs agreed to dismissal without prejudice and to self-surrender once a final removal order has been issued for them. On September 9, the defendants' appeal was voluntarily dismissed. On January 1, 2021, the Court dismissed the claims of the two remaining plaintiffs with prejudice for failure to prosecute.

The case is now closed.

Summary Authors

Nicholas Gillan (9/26/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17100457/parties/prieto-refunjol-v-adducci/


Judge(s)

Morrison, Sarah Daggett (Ohio)

Vascura, Chelsey M. (Ohio)

Attorneys(s) for Plaintiff

Bonham, Elizabeth (Ohio)

Cai, Sophia (New York)

Chevrier, Claire D (Ohio)

Fram, Robert D. (California)

Jaganathan, Neha (California)

Levenson, Freda J. (Ohio)

Partelow, Ryan Andrew (New York)

Picker, Joshua Benjamin (New York)

Judge(s)

Morrison, Sarah Daggett (Ohio)

Vascura, Chelsey M. (Ohio)

Attorneys(s) for Plaintiff

Bonham, Elizabeth (Ohio)

Cai, Sophia (New York)

Chevrier, Claire D (Ohio)

Fram, Robert D. (California)

Jaganathan, Neha (California)

Levenson, Freda J. (Ohio)

Partelow, Ryan Andrew (New York)

Picker, Joshua Benjamin (New York)

Shi, Annie (California)

Silva, Dylan (California)

Sokol, Maura Anne (District of Columbia)

Attorneys(s) for Defendant

D'Alessandro, Mark Thomas (Ohio)

Devillers, David (Ohio)

Wolfe, Leah M (Ohio)

Yates, Christopher (Ohio)

Documents in the Clearinghouse

Document

2:20-cv-02099

Docket [PACER]

Refunjol v. Adducci

Sept. 1, 2021

Sept. 1, 2021

Docket
2

2:20-cv-02099

Petitioner-Plaintiffs' Motion for Temporary Restraining Order and Request for Immediate Hearing

Refunjol v. Adducci

April 24, 2020

April 24, 2020

Pleading / Motion / Brief
8

2:20-cv-02099

Opinion and Order

Refunjol v. Adducci

2020 WL 1983077

April 27, 2020

April 27, 2020

Order/Opinion
31

2:20-cv-02099

Order

Refunjol v. Adducci

May 7, 2020

May 7, 2020

Order/Opinion
44

2:20-cv-02099

Opinion and Order

Refunjol v. Adducci

461 F.Supp.3d 675

May 14, 2020

May 14, 2020

Order/Opinion
50

2:20-cv-02099

Opinion and Order

Refunjol v. Adducci

2020 WL 3026236

June 5, 2020

June 5, 2020

Order/Opinion
61

2:20-cv-02099

Notice of Appeal

Refunjol v. Adducci

July 13, 2020

July 13, 2020

Pleading / Motion / Brief
64

2:20-cv-02099

Consent Order

Refunjol v. Adducci

Aug. 6, 2020

Aug. 6, 2020

Order/Opinion
96

2:20-cv-02099

Opinion and Order

Refunjol v. Adducci

2021 WL 292300

Jan. 28, 2021

Jan. 28, 2021

Order/Opinion
1

2:20-cv-02099

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

Refunjol v. Adducci

Sept. 1, 2021

Sept. 1, 2021

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17100457/prieto-refunjol-v-adducci/

Last updated July 22, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief ( Filing fee $ 5 receipt number 0648-7438387.), filed by Adenis Enrique Prieto Refunjol, Sidi Njie, Keita Mory. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Form) (Bonham, Elizabeth) (Entered: 04/24/2020)

1 Civil Cover Sheet

View on PACER

2 Summons Form

View on PACER

April 24, 2020

April 24, 2020

RECAP
2

MOTION for Temporary Restraining Order and Request for Immediate Hearing by Petitioners Keita Mory, Sidi Njie, Adenis Enrique Prieto Refunjol. (Attachments: # 1 Exhibit Declaration of Brandy Jatta, # 2 Exhibit Declaration of Nazly Mamedova, # 3 Exhibit Declaration of Karla Donado, # 4 Exhibit Declaration of Mory Keita, # 5 Exhibit ICE Guidance Document) (Bonham, Elizabeth) (Entered: 04/24/2020)

1 Exhibit Declaration of Brandy Jatta

View on PACER

2 Exhibit Declaration of Nazly Mamedova

View on PACER

3 Exhibit Declaration of Karla Donado

View on PACER

4 Exhibit Declaration of Mory Keita

View on PACER

5 Exhibit ICE Guidance Document

View on PACER

April 24, 2020

April 24, 2020

RECAP
3

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7438405) of Claire Chevrier by Petitioners Keita Mory, Sidi Njie, Adenis Enrique Prieto Refunjol. (Attachments: # 1 Exhibit Certificate of Good Standing) (Bonham, Elizabeth) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
4

NOTICE of Appearance by Freda J Levenson for Petitioners Keita Mory, Sidi Njie, Adenis Enrique Prieto Refunjol (Levenson, Freda) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
5

NOTATION ORDER granting 3 Motion for Leave to Appear Pro Hac Vice of Claire Chevrier by Magistrate Judge Chelsey M. Vascura on 4/27/2020 (kk2) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 27, 2020

April 27, 2020

PACER

Status Conference

April 27, 2020

April 27, 2020

PACER
6

Summons Issued as to Rebecca Adducci & Immigration and Customs Enforcement (kk2) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
7

NOTICE of Appearance by Mark Thomas D'Alessandro for Respondents Rebecca Adducci, Immigration and Customs Enforcement (D'Alessandro, Mark) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER

Minute Entry for proceedings held before Judge Sarah D. Morrison: Telephone Status Conference held on 4/27/2020. (Court Reporter: Allison Kimmel) (tb)

April 27, 2020

April 27, 2020

PACER
8

OPINION AND ORDER GRANTING 2 Motion for TRO. During preliminary conference held 4/27/2020 the Court granted an oral motion to file medical records under seal. The Court will hold a preliminary injunction hearing on 5/11/2020 at 1:30 pm. This TRO is to remain in effect until the conclusion of the preliminary injunction hearing. Signed by Judge Sarah D. Morrison on 4/27/2020. (tb) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

RECAP
9

NOTICE of Hearing: Preliminary Injunction Hearing set for 5/11/2020 01:30 PM in Courtroom 132 - Columbus before Judge Sarah D. Morrison. (tb) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER

Sealed access was granted by the Court to permit Petitioners' counsel to file medical records under seal pursuant to the 4/27/2020 Opinion and Order (kk2)

April 27, 2020

April 27, 2020

PACER

The Clerk's Office has provided sealed access to counsel to file medical records under seal pursuant to the 4/27/2020 Opinion and Order (kk2)

April 27, 2020

April 27, 2020

PACER
10

AFFIDAVIT Declarations of Petitioners by Petitioners Keita Mory, Sidi Njie, Adenis Enrique Prieto Refunjol. (Attachments: # 1 Affidavit Decl of Njie, # 2 Affidavit Decl of Refunjol, # 3 Affidavit Decl of Keita) (Bonham, Elizabeth) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER

Order on Motion to File Document Under Seal

April 28, 2020

April 28, 2020

PACER

File Document Under Seal

April 28, 2020

April 28, 2020

PACER
11

*SEALED* Sealed Supplemental Evidence Filed Under Seal re Order on Motion to File Document Under Seal filed by Petitioners Keita Mory, Sidi Njie, Adenis Enrique Prieto Refunjol. (Attachments: # 1 Supplement confidential records, # 2 Supplement confidential records) (Bonham, Elizabeth) (Entered: 04/28/2020)

1 Supplement confidential records

View on PACER

2 Supplement confidential records

View on PACER

April 28, 2020

April 28, 2020

PACER
12

NOTATION ORDER - Respondents are ordered to RESPOND to the 1 Petition for Writ of Habeas Corpus and TO SHOW CAUSE why the requested writ should not be granted. Such response shall be filed on or before 5/6/2020. Petitioners should not file a reply. Signed by Judge Sarah D. Morrison on 4/29/2020. (tb) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER

Set Motion and R&R Deadlines/Hearings

April 29, 2020

April 29, 2020

PACER

Order

April 29, 2020

April 29, 2020

PACER
13

Transcript of Telephonic Conference 65.1 Hearing Proceedings held on April 27, 2020, before Judge Sarah D. Morrison. Court Reporter/Transcriber Allison A. Kimmel, Telephone number 614.719.3225. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 5/26/2020. Redacted Transcript Deadline set for 6/4/2020. Release of Transcript Restriction set for 8/3/2020. (ak) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
14

Amended PETITION for Writ of Habeas Corpus and First Amended Complaint for Injunctive and Declaratory Relief ( Filing fee $ 5 receipt number 0648-7451157), filed by Keita Mory, Adenis Enrique Prieto Refunjol, Sidi Njie, Eduardo Alicandro-Marquez, Jermaine Bell, Jose Luis Vergara Patino, Jose Misael Navarro-Gonzalez, Ramon Garcia, Majdi Rabee, Alberto Perez Arreaga, Dave Alvarenga Vasquez, Neptune Pierre, Fabian Santiago Silva, Abdiaziz Mohamud, Alexis Ramirez Portillo, Kevin Rivera Rodriguez, Antonio Aparicio-Luna, Jesus Manuel Chavez Rodriguez, Osman Faghi Haji, Juan Antonio Conteras-Moran, Mohamed Abdi, Jorge Octavio Salas-Marin, Ronaldo Balfour. (Bonham, Elizabeth) Modified on 5/6/2020 - **Finance to refund the $5 filing fee as this case has already been paid for** (kk2). (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
15

MOTION for Temporary Restraining Order by Petitioners Mohamed Abdi, Eduardo Alicandro-Marquez, Dave Alvarenga Vasquez, Antonio Aparicio-Luna, Ronaldo Balfour, Jermaine Bell, Jesus Manuel Chavez Rodriguez, Juan Antonio Conteras-Moran, Osman Faghi Haji, Ramon Garcia, Abdiaziz Mohamud, Keita Mory, Jose Misael Navarro-Gonzalez, Sidi Njie, Alberto Perez Arreaga, Neptune Pierre, Adenis Enrique Prieto Refunjol, Majdi Rabee, Alexis Ramirez Portillo, Kevin Rivera Rodriguez, Jorge Octavio Salas-Marin, Fabian Santiago Silva, Jose Luis Vergara Patino. (Attachments: # 1 Exhibit Novisky Declaration, # 2 Exhibit Walson Declaration, # 3 Exhibit Abdiaziz Mohamud Declaration, # 4 Exhibit Alexis Ramirez Portillo Declaration, # 5 Exhibit Antonio Aparicio-Luna Declaration, # 6 Exhibit Dave Alvarenga Vasquez Declaration, # 7 Exhibit Eduardo Alicandro-Marquez Declaration, # 8 Exhibit Fabian Santiago Silva Declaration, # 9 Exhibit Jermaine Bell Declaration, # 10 Exhibit Jose Louis Vergara Patino Declaration, # 11 Exhibit Jose Louis Vergara Patino HS Diploma and Letters of Support, # 12 Exhibit Jose Misael Navarro Gonzalez Declaration, # 13 Exhibit Juan Antonio Contreras Moran Declaration, # 14 Exhibit Kevin Rodriguez Declaration, # 15 Exhibit Majdi Rabee Declaration, # 16 Exhibit Daisy Martinez Declaration for Jorge Salas-Marin, # 17 Exhibit Mohamed Abdi Declaration, # 18 Exhibit Neptune Pierre Declaration, # 19 Exhibit Osman Faghi Haji Declaration, # 20 Exhibit Prado Declaration for Jesus Manuel Chavez Rodriguez, # 21 Exhibit Vasquez Declaration for Jesus Manuel Chavez Rodriguez, # 22 Exhibit Ramon Salvador Garcia Declaration, # 23 Exhibit Sanders Declaration for Alberto Perez Arreaga) (Bonham, Elizabeth) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
16

NOTICE of Declaration of Ronaldo Balfour in Further Support of Petitioner-Plaintiffs' Motion for Temporary Restraining Order by Petitioners Mohamed Abdi, Eduardo Alicandro-Marquez, Dave Alvarenga Vasquez, Antonio Aparicio-Luna, Ronaldo Balfour, Jermaine Bell, Jesus Manuel Chavez Rodriguez, Juan Antonio Conteras-Moran, Osman Faghi Haji, Ramon Garcia, Abdiaziz Mohamud, Keita Mory, Jose Misael Navarro-Gonzalez, Sidi Njie, Alberto Perez Arreaga, Neptune Pierre, Adenis Enrique Prieto Refunjol, Majdi Rabee, Alexis Ramirez Portillo, Kevin Rivera Rodriguez, Jorge Octavio Salas-Marin, Fabian Santiago Silva, Jose Luis Vergara Patino re 15 MOTION for Temporary Restraining Order (Bonham, Elizabeth) Modified text on 5/6/2020 (kk2) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
17

MOTION to File Document Under Seal by Petitioners Mohamed Abdi, Eduardo Alicandro-Marquez, Dave Alvarenga Vasquez, Antonio Aparicio-Luna, Ronaldo Balfour, Jermaine Bell, Jesus Manuel Chavez Rodriguez, Juan Antonio Conteras-Moran, Osman Faghi Haji, Ramon Garcia, Abdiaziz Mohamud, Keita Mory, Jose Misael Navarro-Gonzalez, Sidi Njie, Alberto Perez Arreaga, Neptune Pierre, Adenis Enrique Prieto Refunjol, Majdi Rabee, Alexis Ramirez Portillo, Kevin Rivera Rodriguez, Jorge Octavio Salas-Marin, Fabian Santiago Silva, Jose Luis Vergara Patino. (Attachments: # 1 Text of Proposed Order) (Bonham, Elizabeth) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
18

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $1000 paid, receipt number 0648-7452639) of Robert Fram, Sophia Cai, Neha Jaganathan, Joshua Picker, and Annie Shi by Petitioners Mohamed Abdi, Eduardo Alicandro-Marquez, Dave Alvarenga Vasquez, Antonio Aparicio-Luna, Ronaldo Balfour, Jermaine Bell, Jesus Manuel Chavez Rodriguez, Juan Antonio Conteras-Moran, Osman Faghi Haji, Ramon Garcia, Abdiaziz Mohamud, Keita Mory, Jose Misael Navarro-Gonzalez, Sidi Njie, Alberto Perez Arreaga, Neptune Pierre, Adenis Enrique Prieto Refunjol, Majdi Rabee, Alexis Ramirez Portillo, Kevin Rivera Rodriguez, Jorge Octavio Salas-Marin, Fabian Santiago Silva, Jose Luis Vergara Patino. (Attachments: # 1 Fram Certificate of Good Standing, # 2 Cai Declaration, # 3 Jaganathan Declaration, # 4 Picker Declaration, # 5 Shi Declaration) (Bonham, Elizabeth) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
19

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $400 paid, receipt number 0648-7452667) of Dylan Silva and Maura Sokol by Petitioners Mohamed Abdi, Eduardo Alicandro-Marquez, Dave Alvarenga Vasquez, Antonio Aparicio-Luna, Ronaldo Balfour, Jermaine Bell, Jesus Manuel Chavez Rodriguez, Juan Antonio Conteras-Moran, Osman Faghi Haji, Ramon Garcia, Abdiaziz Mohamud, Keita Mory, Jose Misael Navarro-Gonzalez, Sidi Njie, Alberto Perez Arreaga, Neptune Pierre, Adenis Enrique Prieto Refunjol, Majdi Rabee, Alexis Ramirez Portillo, Kevin Rivera Rodriguez, Jorge Octavio Salas-Marin, Fabian Santiago Silva, Jose Luis Vergara Patino. (Attachments: # 1 Silva Declaration, # 2 Sokol Declaration) (Bonham, Elizabeth) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
20

ORDER granting 17 Motion to File Document Under Seal. Signed by Magistrate Judge Chelsey M. Vascura on 5/5/2020. (daf) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
21

*SEALED* Sealed Confidential Medical Record Exhibits to petitioner-Plaintiffs' Motion for Temporary Restraining Order re 20 Order on Motion to File Document Under Seal, 15 MOTION for Temporary Restraining Order filed by Petitioners Mohamed Abdi, Eduardo Alicandro-Marquez, Dave Alvarenga Vasquez, Antonio Aparicio-Luna, Ronaldo Balfour, Jermaine Bell, Jesus Manuel Chavez Rodriguez, Juan Antonio Conteras-Moran, Osman Faghi Haji, Ramon Garcia, Abdiaziz Mohamud, Keita Mory, Jose Misael Navarro-Gonzalez, Sidi Njie, Alberto Perez Arreaga, Neptune Pierre, Adenis Enrique Prieto Refunjol, Majdi Rabee, Alexis Ramirez Portillo, Kevin Rivera Rodriguez, Jorge Octavio Salas-Marin, Fabian Santiago Silva, Jose Luis Vergara Patino. (Attachments: # 1 Exhibit Mohamed Abdi Medical Records from 2012, # 2 Exhibit Mohamed Abdi Medical Records from 2014, # 3 Exhibit Alexis Ramirez-Portillo Medical Records, # 4 Exhibit Translation of Alexis Ramirez-Portillo Medical Records, # 5 Exhibit Jorge Salas-Marin Medical Records, # 6 Exhibit Translation of Jorge Salas-Marin Medical Records, # 7 Exhibit Jesus Manuel Chavez Rodriguez Medical Records, # 8 Exhibit Jose Louis Vergara Patino Medical Records, # 9 Exhibit Juan Antonio Contreras Moran Medical Records) (Bonham, Elizabeth) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
22

NOTICE of Appearance by Christopher R Yates by Respondents Rebecca Adducci & Immigration and Customs Enforcement (Yates, Christopher) Modified on 5/6/2020 to add atty name and filing parties (kk2) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 6, 2020

May 6, 2020

PACER
23

MOTION to File Document Under Seal by Respondents Rebecca Adducci & Immigration and Customs Enforcement (D'Alessandro, Mark) Modified on 5/6/2020 to correct text, ECF filing event, and add filing parties (kk2) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
24

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7453633) of Ryan A. Partelow by Petitioners Mohamed Abdi, Eduardo Alicandro-Marquez, Dave Alvarenga Vasquez, Antonio Aparicio-Luna, Ronaldo Balfour, Jermaine Bell, Jesus Manuel Chavez Rodriguez, Juan Antonio Conteras-Moran, Osman Faghi Haji, Ramon Garcia, Abdiaziz Mohamud, Keita Mory, Jose Misael Navarro-Gonzalez, Sidi Njie, Alberto Perez Arreaga, Neptune Pierre, Adenis Enrique Prieto Refunjol, Majdi Rabee, Alexis Ramirez Portillo, Kevin Rivera Rodriguez, Jorge Octavio Salas-Marin, Fabian Santiago Silva, Jose Luis Vergara Patino. (Attachments: # 1 Certificate of Good Standing) (Bonham, Elizabeth) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
25

NOTATION ORDER granting 19 Motion for Leave to Appear Pro Hac Vice of Dylan Silva & Maura Anne Sokol, with the understanding that counsel complies with General Order 20-10 once the pandemic abates in their jurisdictions. Signed by Magistrate Judge Chelsey M. Vascura on 5/6/2020. (kk2) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
26

NOTATION ORDER granting 18 Motion for Leave to Appear Pro Hac Vice of Robert Fram, Sophia Cai, Neha Jaganathan, Joshua Picker, and Annie Shi, with the understanding that counsel complies with General Order 20-10 once the pandemic abates in their jurisdictions. Signed by Magistrate Judge Chelsey M. Vascura on 5/6/2020. (kk2) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
27

ORDER granting in part 23 Motion to File Document Under Seal. Signed by Magistrate Judge Chelsey M. Vascura on 5/6/2020. (daf) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
28

*SEALED* Sealed Brief of Defendants in Opposition to Petition for Writ of Habeas Corpus and Complaint for Injunctive Relief, and in Opposition to Motion for Temporary Restraining Order and Other Relief re 27 Order on Motion to File Document Under Seal, 2 MOTION for Temporary Restraining Order and Request for Immediate Hearing, 1 Petition for Writ of Habeas Corpus, filed by Respondents Rebecca Adducci, Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (D'Alessandro, Mark) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
29

Transcript of Telephonic Conference, 65.1 Hearing Proceedings held on May 6, 2020, before Judge Sarah D. Morrison. Court Reporter/Transcriber Allison A. Kimmel, Telephone number 614.719.3225. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 5/27/2020. Redacted Transcript Deadline set for 6/8/2020. Release of Transcript Restriction set for 8/4/2020. (ak) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER

Minute Entry for proceedings held before Judge Sarah D. Morrison: Informal Preliminary Conference pursuant to local rule 65.1 held on 5/6/2020. (Court Reporter: Allison Kimmel)

May 6, 2020

May 6, 2020

PACER
30

NOTATION ORDER granting 24 Motion for Leave to Appear Pro Hac Vice of Ryan A Partelow by Magistrate Judge Chelsey M. Vascura on 5/7/2020 (kk2) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER

Status Conference

May 7, 2020

May 7, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 7, 2020

May 7, 2020

PACER

Order

May 7, 2020

May 7, 2020

PACER
31

ORDER DENYING without prejudice 15 Petitioner's second Motion for TRO. Signed by Judge Sarah D. Morrison on 5/7/2020. (tb) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

RECAP
32

NOTICE of Appearance by Leah M. Wolfe for Respondents Rebecca Adducci, Immigration and Customs Enforcement (Wolfe, Leah) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
33

NOTATION ORDER providing the call-in information for interested parties, the media, or the general public is: 1 (571) 317-3122, Access Code is 114-450-389. Invitation information for the GoToMeeting video conference has been supplied to counsel of record prior to the preliminary injunction hearing set for 5/11/2020 at 1:30 p.m. (tb) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
34

REDACTION to 28 Sealed Document (Attorney Filing): Brief of Defendants in Opposition to Petition for Writ of Habeas Corpus and Complaint for Injunctive Relief, and in Opposition to Motion for Temporary Restraining Order and other Relief by Respondents Rebecca Adducci, Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (D'Alessandro, Mark) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER

Order

May 8, 2020

May 8, 2020

PACER
35

NOTATION ORDER - Respondents are ordered to RESPOND to the 14 Amended Petition for Writ of Habeas Corpus and TO SHOW CAUSE why the requested writ should not be granted. Such response shall be filed on or before 5/11/2020 at 9:00 am. Petitioners should not file a reply. ALSO, Petitioners and Respondents must both file witness lists and exhibit lists by 9:00 am on 5/11/2020 for Monday's 1:30 pm hearing. By Judge Sarah D. Morrison on 5/8/2020. (tb) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
36

*SEALED* Sealed Response to Order to Show Cause and Response to Petitioners' Amended Petition re 27 Order on Motion to File Document Under Seal, 14 Petition for Writ of Habeas Corpus, 35 Order, filed by Respondents Rebecca Adducci, Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1-Decl. re: Mory Keita, # 2 Exhibit 2-Decl. re: Njie Sidi, # 3 Exhibit 3-Decl. re: Refunjol, # 4 Exhibit 4-Decl. re: Rodriguez, # 5 Exhibit 5-Decl. re: Abdi, # 6 Exhibit 6-Decl. re: Mohamud, # 7 Exhibit 7-Decl. re: Navorro-Gonzalez, # 8 Exhibit 8-Decl. re: Pierre, # 9 Exhibit 9-Decl. re: Ramirez-Portillo, # 10 Exhibit 10-Decl. re: Salas-Marin, # 11 Exhibit 11-Decl. re: Contreras-Moran, # 12 Exhibit 12-Order of Supervision re: Rabee, # 13 Exhibit 13-Decl. re: Aparicio-Luna, # 14 Exhibit 14-Decl. re: K. Rodriguez, # 15 Exhibit 15-Decl. re: Santiago-Silva, # 16 Exhibit 16-Decl. re: Haji, # 17 Exhibit 17-Decl. re: Patino, # 18 Exhibit 18-Decl. re: Garcia, # 19 Exhibit 19-Decl. re: Balfour, # 20 Exhibit 20-Decl. re: Alicandro-Marquez, # 21 Exhibit 21-Decl. re: Vasquez, # 22 Exhibit 22-Decl. re: Arreaga, # 23 Exhibit 23-Decl. re: Bell, # 24 Exhibit 24-Decl. re: Butler County Jail, # 25 Exhibit 25-Decl. re: MCCF, # 26 Exhibit 26-Email thread dated May 7, 2020) (Wolfe, Leah) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
37

Exhibit List and Witness List by Respondents Rebecca Adducci, Immigration and Customs Enforcement.. (Wolfe, Leah) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER

Order on Motion to Strike

May 11, 2020

May 11, 2020

PACER
38

Exhibit List and Witness list by Petitioners Mohamed Abdi, Eduardo Alicandro-Marquez, Dave Alvarenga Vasquez, Antonio Aparicio-Luna, Ronaldo Balfour, Jermaine Bell, Jesus Manuel Chavez Rodriguez, Juan Antonio Conteras-Moran, Osman Faghi Haji, Ramon Garcia, Abdiaziz Mohamud, Keita Mory, Jose Misael Navarro-Gonzalez, Sidi Njie, Alberto Perez Arreaga, Neptune Pierre, Adenis Enrique Prieto Refunjol, Majdi Rabee, Alexis Ramirez Portillo, Kevin Rivera Rodriguez, Jorge Octavio Salas-Marin, Fabian Santiago Silva, Jose Luis Vergara Patino.. (Attachments: # 1 Exhibit Second Decl. of Abdiaziz Mohamed, # 2 Exhibit Decl. of Ener Perez, # 3 Exhibit Second Decl of Alexis Ramirez-Portillo, # 4 Exhibit Cover sheet for previously filed decl., # 5 Exhibit Second Decl. of Dave Alvarenga Vasquez, # 6 Exhibit Second Decl. of Eduardo Alicandro-Marquez, # 7 Exhibit Cover sheet for previously filed decl., # 8 Exhibit Second Decl. of Jermaine Bell, # 9 Exhibit Second Decl. of Liliana Vasquez, # 10 Exhibit Second Decl. of Jorge Salas Marin, # 11 Exhibit Second Decl. of Jose Luis Vergara Patino, # 12 Exhibit Second Decl. of Jose Misael Navarro Gonzalez, # 13 Exhibit Second Decl. of Juan Antonio Contreras Moran, # 14 Exhibit Second Decl. of Kevin Revira Rodriguez, # 15 Exhibit Second Decl. of Mohamed Abdi, # 16 Exhibit Second Decl. of Neptune Pierre, # 17 Exhibit Second Decl. of Osman Haji, # 18 Exhibit Second Decl. of Ranoldo Balfour, # 19 Exhibit Second Decl. of Salvador Garcia, # 20 Exhibit Cover sheet for previously filed decl., # 21 Exhibit Cover sheet for previously filed decl., # 22 Exhibit Cover sheet for previously filed decl., # 23 Exhibit Second Expert Decl. of Judd Walson, # 24 Exhibit Photographs, # 25 Exhibit Cover sheet for exhibits to be filed UNDER SEAL, # 26 Exhibit Cover sheet for exhibits previously filed under seal, # 27 Exhibit Cover sheet for exhibits previously filed under seal, # 28 Exhibit Cover sheet for exhibits to be filed UNDER SEAL) (Bonham, Elizabeth) (Entered: 05/11/2020)

1 Exhibit Second Decl. of Abdiaziz Mohamed

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2 Exhibit Decl. of Ener Perez

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3 Exhibit Second Decl of Alexis Ramirez-Portillo

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4 Exhibit Cover sheet for previously filed decl.

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5 Exhibit Second Decl. of Dave Alvarenga Vasquez

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6 Exhibit Second Decl. of Eduardo Alicandro-Marquez

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7 Exhibit Cover sheet for previously filed decl.

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8 Exhibit Second Decl. of Jermaine Bell

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9 Exhibit Second Decl. of Liliana Vasquez

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10 Exhibit Second Decl. of Jorge Salas Marin

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11 Exhibit Second Decl. of Jose Luis Vergara Patino

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12 Exhibit Second Decl. of Jose Misael Navarro Gonzalez

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13 Exhibit Second Decl. of Juan Antonio Contreras Moran

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14 Exhibit Second Decl. of Kevin Revira Rodriguez

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15 Exhibit Second Decl. of Mohamed Abdi

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16 Exhibit Second Decl. of Neptune Pierre

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17 Exhibit Second Decl. of Osman Haji

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18 Exhibit Second Decl. of Ranoldo Balfour

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19 Exhibit Second Decl. of Salvador Garcia

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20 Exhibit Cover sheet for previously filed decl.

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21 Exhibit Cover sheet for previously filed decl.

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22 Exhibit Cover sheet for previously filed decl.

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23 Exhibit Second Expert Decl. of Judd Walson

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24 Exhibit Photographs

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25 Exhibit Cover sheet for exhibits to be filed UNDER SEAL

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26 Exhibit Cover sheet for exhibits previously filed under seal

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27 Exhibit Cover sheet for exhibits previously filed under seal

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28 Exhibit Cover sheet for exhibits to be filed UNDER SEAL

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May 11, 2020

May 11, 2020

PACER
40

MOTION to Strike PORTIONS OF THE LABIER DECLARATION SUBMITTED IN SUPPORT OF DEFENDANTS RESPONSE TO ORDER TO SHOW CAUSE by Petitioners Mohamed Abdi, Eduardo Alicandro-Marquez, Dave Alvarenga Vasquez, Antonio Aparicio-Luna, Ronaldo Balfour, Jermaine Bell, Jesus Manuel Chavez Rodriguez, Juan Antonio Conteras-Moran, Osman Faghi Haji, Ramon Garcia, Abdiaziz Mohamud, Keita Mory, Jose Misael Navarro-Gonzalez, Sidi Njie, Alberto Perez Arreaga, Neptune Pierre, Adenis Enrique Prieto Refunjol, Majdi Rabee, Alexis Ramirez Portillo, Kevin Rivera Rodriguez, Jorge Octavio Salas-Marin, Fabian Santiago Silva, Jose Luis Vergara Patino. (Bonham, Elizabeth) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

RECAP
39

*SEALED* Sealed Confidential Exhibits re 27 Order on Motion to File Document Under Seal, 38 Exhibit List filed by Petitioners Mohamed Abdi, Eduardo Alicandro-Marquez, Dave Alvarenga Vasquez, Antonio Aparicio-Luna, Ronaldo Balfour, Jermaine Bell, Jesus Manuel Chavez Rodriguez, Juan Antonio Conteras-Moran, Osman Faghi Haji, Ramon Garcia, Abdiaziz Mohamud, Keita Mory, Jose Misael Navarro-Gonzalez, Sidi Njie, Alberto Perez Arreaga, Neptune Pierre, Adenis Enrique Prieto Refunjol, Majdi Rabee, Alexis Ramirez Portillo, Kevin Rivera Rodriguez, Jorge Octavio Salas-Marin, Fabian Santiago Silva, Jose Luis Vergara Patino. (Attachments: # 1 Exhibit 25 - supplemental confidential records, # 2 Exhibit 28 - confidential medical record) (Bonham, Elizabeth) Modified on 5/12/2020 (kk2). (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
41

NOTATION ORDER finding as moot 40 Petitioners Motion to Strike pursuant to the preliminary injunction hearing held on 5/11/2020. The Court extends the Temporary Restraining Order until the Court puts an Order on regarding the Preliminary Injunction. By Judge Sarah D. Morrison on 5/11/2020. (tb) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
42

Minute Entry for proceedings held before Judge Sarah D. Morrison: Evidentiary Hearing on Motion for Preliminary Injunction held on 5/11/2020. (Court Reporter: Allison Kimmel) (tb) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
43

Transcript via Video Conference of Preliminary Injunction Proceedings held on May 11, 2020, before Judge Sarah D. Morrison. Court Reporter/Transcriber Allison A. Kimmel, Telephone number 614.719.3225. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 6/4/2020. Redacted Transcript Deadline set for 6/15/2020. Release of Transcript Restriction set for 8/12/2020. (ak) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
44

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART Petitioner's Motion for Preliminary Injunction. The Court GRANTS Petitioners Motion for Preliminary Injunction for Sidi Njie, Adenis Prieto Refunjol, Mohamed Abdi, Dave Alvarenga Vasquez, Antonio Aparicio Luna, Ranoldo Balfour, Jesus Manuel Chavez Rodriguez, Jose Misael Navarro, Abdiaziz Mohamud, Alberto Perez Arreaga, Neptune Pierre, Jorge Salas-Marin, and Jose Luis Vergara Patino (please see specific orders). The Motion for Preliminary Injunction for Mory Keita, Eduardo Alicandro-Marquez, Jermaine Bell, Juan Antonio Contreras Moran, Osman Faghi Haji, Salvador Garcia, Kevin Rivera Rodriguez and Fabian Santiago is DENIED. The Motion for Preliminary Injunction for Majdi Rabee and Alexis Ramirez Portillo is DENIED WITHOUT PREJUDICE as moot. Signed by Judge Sarah D. Morrison on 5/14/2020. (tb) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

RECAP
45

REDACTION to 36 Sealed Document (Attorney Filing) by Respondent Rebecca Adducci. (Attachments: # 1 Exhibit 1-Decl. re Keita, # 2 Exhibit 2-Decl. re Njie, # 3 Exhibit 3-Decl. re Refujol, # 4 Exhibit 4-Decl. re J.Rodriguez, # 5 Exhibit 5-Decl. re Abdi, # 6 Exhibit 6-Decl. re Mohamud, # 7 Exhibit 7- Decl. re Navarro-Gonzalez, # 8 Exhibit 8-Decl. re Pierre, # 9 Exhibit 9-Decl. re Ramirez-Portillo, # 10 Exhibit 10-Decl. re Salas-Marin, # 11 Exhibit 11-Decl. re Contreras-Moran, # 12 Exhibit 12-Rabee Order of Supervision, # 13 Exhibit 13-Decl. re Aparicio-Luna, # 14 Exhibit 14-Decl. re K.Rodriguez, # 15 Exhibit 15-Decl. re Santiago-Silva, # 16 Exhibit 16-Decl. re Haji, # 17 Exhibit 17-Decl. re Patino, # 18 Exhibit 18-Decl. re Garcia, # 19 Exhibit 19-Decl. re Balfour, # 20 Exhibit 20-Decl. re Alicandro-Marquez, # 21 Exhibit 21-Decl. re Vasquez, # 22 Exhibit 22-Decl. re Arreaga, # 23 Exhibit 23-Decl. re Bell, # 24 Exhibit 24-LaBier (Butler) Decl., # 25 Exhibit 25-LaBier (Morrow) Decl.) (Wolfe, Leah) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
46

NOTICE of Declarations Regarding Release from ICE Custody by Petitioners Mohamed Abdi, Eduardo Alicandro-Marquez, Dave Alvarenga Vasquez, Antonio Aparicio-Luna, Ronaldo Balfour, Jermaine Bell, Jesus Manuel Chavez Rodriguez, Juan Antonio Conteras-Moran, Osman Faghi Haji, Ramon Garcia, Abdiaziz Mohamud, Keita Mory, Jose Misael Navarro-Gonzalez, Sidi Njie, Alberto Perez Arreaga, Neptune Pierre, Adenis Enrique Prieto Refunjol, Majdi Rabee, Alexis Ramirez Portillo, Kevin Rivera Rodriguez, Jorge Octavio Salas-Marin, Fabian Santiago Silva, Jose Luis Vergara Patino (Attachments: # 1 Declaration of Alberto Perez Arreaga, # 2 Declaration of Jose Vergara Patino, # 3 Declaration of Abdiaziz Mohamud, # 4 Declaration of Jesus Manuel Chavez Rodriguez, # 5 Declaration of Antonio Aparicio-Luna, # 6 Declaration of Jorge Salas-Marin, # 7 Declaration of Jose Navarro Gonzalez, # 8 Declaration of Mohamed Abdi, # 9 Declaration of Neptune Pierre, # 10 Declaration of Dave Alvarenga Vasquez, # 11 Declaration of Ranoldo Balfour) (Bonham, Elizabeth) Modified text on 5/20/2020 (kk2) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER

Minute Entry for proceedings held before Judge Sarah D. Morrison. Telephone Status Conference held on 5/20/2020. (Court Reporter: Allison Kimmel) (tb)

May 20, 2020

May 20, 2020

PACER

Status Conference

May 20, 2020

May 20, 2020

PACER
47

MOTION for Reconsideration re 44 Preliminary Injunction as to Mory Keita by Petitioner Keita Mory (Attachments: # 1 Second Declaration of Mory Keita, # 2 Declaration of Homer Venters) (Bonham, Elizabeth) Modified on 5/28/2020 to correct filing party (kk2) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
48

*SEALED* Sealed Supplemental Evidence as to Petitioner-Plaintiff Mory Keita and Motion for Reconsideration of Denial of Preliminary Injunction re 27 Order on Motion to File Document Under Seal, 44 Preliminary Injunction, 47 MOTION for Reconsideration re 44 Preliminary Injunction, as to Mory Keita filed by Petitioner Keita Mory, (Attachments: # 1 Second Declaration of Mory Keita, # 2 Declaration of Homer Venters, # 3 2014 Medical Records, # 4 2020 Nurse's Note) (Bonham, Elizabeth) Modified on 5/28/2020 to correct text & filing parties (kk2) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
49

*SEALED* Sealed Respondents' Response in Opposition to Petitioner Mory Keita's 47 Motion for Reconsideration of Denial of Preliminary Injunction re 27 Order on Motion to File Document Under Seal, 48 Sealed Document (Attorney Filing) filed by Respondents Rebecca Adducci, Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A-Affholter Declaration, # 2 Exhibit B-Lower Lights Website, # 3 Exhibit C-Jacobs Declaration) (Yates, Christopher) Modified on 6/1/2020t o add doc link to motion (kk2). (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
50

OPINION AND ORDER DENYING 47 Petitioner Mory Keita's Motion for Reconsideration. Signed by Judge Sarah D. Morrison on 6/5/2020. (tb) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
51

NOTICE: Telephone Status Conference set for 6/25/2020 11:00 AM via Teleconference before Judge Sarah D. Morrison. Telephone conference to be conducted on the record. Call in number is 1-888-684-8852. Access Code is 5465115 (followed by the # symbol). (tb) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER

Notice of Telephone Conference

June 18, 2020

June 18, 2020

PACER
52

*SEALED* Sealed Motion for Order to Show Cause Why Petitioner Mory Keita Should Not Be Held in Civil Contempt and Released from Conditions of His Re-Detention re 27 Order on Motion to File Document Under Seal filed by Respondents Rebecca Adducci, Immigration and Customs Enforcement. (Attachments: # 1 ICE Declaration) (Wolfe, Leah) Modified on 6/22/2020 to correct ECF filing event (kk2). (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
53

NOTATION ORDER - as to 52 Sealed Motion for Order to Show Cause Why Petitioner Mory Keita Should Not Be Held in Civil Contempt filed by Respondents Rebecca Adducci, Immigration and Customs Enforcement. Petitioner's Response is due by the close of business on 6/25/2020. By Judge Sarah D. Morrison on 6/22/2020. (tb) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER

Set Motion and R&R Deadlines/Hearings AND Order

June 22, 2020

June 22, 2020

PACER

Minute Entry for proceedings held before Judge Sarah D. Morrison. Telephone Status Conference held on 6/25/2020. Petitioner Keita Mory is ordered to appear at the in-person/show cause hearing being scheduled for 6/30/2020 at 3:00 pm unless he self-surrenders before that hearing. (Court Reporter: Allison Kimmel) (tb)

June 25, 2020

June 25, 2020

PACER
54

NOTICE of Hearing on 52 Sealed MOTION to Show Cause. In Person Show Cause Hearing set for 6/30/2020 03:00 PM in Courtroom 132 - Columbus before Judge Sarah D. Morrison. (tb) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
55

ORDER TO SHOW CAUSE. Signed by Judge Sarah D. Morrison on 6/25/2020. (tb) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER

Status Conference

June 25, 2020

June 25, 2020

PACER
56

MOTION to Withdraw as Attorney for Mory Keita, MOTION to File Document Under Seal and In Camera ( Responses due by 7/20/2020) by Petitioner Keita Mory (Bonham, Elizabeth) Modified on 6/30/2020 to correct filing party (kk2) (Additional attachment(s) added on 7/7/2020: # 1 In camera document submitted to the Court) (tb). (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
57

NOTATION ORDER - GRANTING IN PART ONLY 56 Petitioner's Request to Submit Evidence in Support In Camera and Under Seal. Terminating: 56 MOTION to File Document Under Seal. By Judge Sarah D. Morrison on 6/30/2020. (tb) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
58

*SEALED* WARRANT of Arrest issued. (tb) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER

Minute Entry for proceedings held before Judge Sarah D. Morrison. Show Cause Hearing held on 6/30/2020. Petitioner Mory Keita failed to appear for hearing. Court issued a bench warrant for same on 6/30/2020. (Court Reporter: Allison Kimmel) (tb)

June 30, 2020

June 30, 2020

PACER

Order

June 30, 2020

June 30, 2020

PACER

Show Cause Hearing

June 30, 2020

June 30, 2020

PACER
59

Order Setting Mediation Conference: Settlement Conference set for 7/30/2020 at 1:00 PM in Joseph P Kinneary U S Courthouse 85 Marconi Blvd Columbus OH 43215 before Magistrate Judge Chelsey M. Vascura. Signed by Magistrate Judge Chelsey M. Vascura on 7/8/2020. (agm) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
60

ORDER granting 56 Motion to Withdraw as Counsel. Attorney Freda J Levenson; Elizabeth Bonham and Claire Chevrier have been terminated. Signed by Judge Sarah D. Morrison on 7/8/2020. (tb) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
61

NOTICE OF INTERLOCUTORY APPEAL re 44 Preliminary Injunction (ifp status requested) by Respondents Rebecca Adducci, Immigration and Customs Enforcement. (Yates, Christopher) Modified text on 7/14/2020 (kk2) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

RECAP
62

USCA Case Number 20-3757 for 61 Notice of Interlocutory Appeal filed by Rebecca Adducci, Immigration and Customs Enforcement; case manager Antoinette Macon, 513-564-7015. (er) (Entered: 07/17/2020)

July 16, 2020

July 16, 2020

PACER

Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Settlement Conference held on 7/30/2020. (agm)

July 30, 2020

July 30, 2020

PACER
63

NOTICE of Filing Proposed Consent Order by Respondents Rebecca Adducci, Immigration and Customs Enforcement (Attachments: # 1 Text of Proposed Order) (Wolfe, Leah) Modified text on 8/6/2020 (kk2) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
64

CONSENT ORDER - entered into by all parties for the purpose of compromising disputed claims based on the Petition 1 and Amended Petition for Writ of Habeas Corpus 14 . Petitioners Dave Alvarenga Vasquez, Antonio Aparicio-Luna, Ronaldo Balfour, Jermaine Bell, Jesus Manuel Chavez Rodriguez, Juan Antonio Conteras-Moran, Osman Faghi Haji, Ramon Garcia, Abdiaziz Mohamud, Jose Misael Navarro-Gonzalez, Sidi Njie, Alberto Perez Arreaga, Neptune Pierre, Adenis Enrique Prieto Refunjol, Majdi Rabee, Kevin Rivera Rodriguez, Jorge Octavio Salas-Marin, Fabian Santiago Silva, Jose Luis Vergara Patino, Mohamed Abdi and Eduardo Alicandro-Marquez terminated. Signed by Judge Sarah D. Morrison on 8/6/2020. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

RECAP
65

STIPULATION of Dismissal pursuant to Consent Order by Respondents Rebecca Adducci, Immigration and Customs Enforcement & Applicable Petitioners. (Wolfe, Leah) Modified text and parties on 8/7/2020 (kk2) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
66

MOTION to Withdraw as Attorney and to file additional evidence in camera by Petitioner Alexis Ramirez Portillo. (Bonham, Elizabeth) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
67

NOTATION ORDER GRANTING IN PART ONLY Petitioner's 66 Request to File Additional Evidence in Camera filed by Alexis Ramirez Portillo. By Judge Sarah D. Morrison on 8/7/2020. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
68

NOTICE of Contempt as to Petitioners Dave Alvarenga Vasquez and Jose Navarro Gonzalez by Respondents Rebecca Adducci, Immigration and Customs Enforcement (Attachments: # 1 Exhibit A-Declaration of Christopher L. LaBier) (Wolfe, Leah) Modified text on 8/10/2020 (kk2) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER

Order

Aug. 7, 2020

Aug. 7, 2020

PACER
69

NOTATION ORDER granting 66 Motion to Withdraw as Attorney. Attorney Robert D. Fram; Neha Jaganathan; Ryan Andrew Partelow; Joshua B. Picker; Annie Shi; Dylan Silva; Maura Anne Sokol; Elizabeth Bonham and Sophia Cai terminated as to Alexis Ramirez Portillo. By Judge Sarah D. Morrison on 8/11/2020. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER

Order on Motion to Withdraw as Attorney

Aug. 11, 2020

Aug. 11, 2020

PACER
70

NOTICE of Opposition to Notice of Contempt re 68 Notice of Contempt by Petitioner Jose Misael Navarro-Gonzalez (Attachments: # 1 Affidavit Ex A, Decl. in Support, # 2 Affidavit Ex B, Decl. in Support, # 3 Affidavit Ex C, Decl. in Support) (Bonham, Elizabeth) Modified text on 8/14/2020 (kk2) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER

Settlement Conference

Aug. 19, 2020

Aug. 19, 2020

PACER
71

NOTICE of Withdrawal of Covington and Burling Attorneys as Co-Counsel by Petitioners Mohamed Abdi, Eduardo Alicandro-Marquez, Dave Alvarenga Vasquez, Antonio Aparicio-Luna, Ronaldo Balfour, Jermaine Bell, Jesus Manuel Chavez Rodriguez, Juan Antonio Conteras-Moran, Osman Faghi Haji, Ramon Garcia, Abdiaziz Mohamud, Jose Misael Navarro-Gonzalez, Alberto Perez Arreaga, Neptune Pierre, Majdi Rabee, Kevin Rivera Rodriguez, Jorge Octavio Salas-Marin, Fabian Santiago Silva, Jose Luis Vergara Patino (Bonham, Elizabeth) Modified text and parties on 8/25/2020 (kk2) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 24, 2020

Closing Date: Jan. 28, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three civil ICE detainees with serious medical conditions that have not contracted COVID-19 and twenty civil ICE detainees that have tested positive for COVID-19

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Immigration and Customs Enforcement (Washington, DC), Federal

Detroit District Director of Immigration and Customs Enforcement (Detroit), Federal

Defendant Type(s):

Corrections

Law-enforcement

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

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

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

General:

Habeas Corpus

Sanitation / living conditions

Crowding:

Crowding / caseload

COVID-19:

Release Granted

Release granted-individual

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Detention - conditions