Case: Amaya-Cruz v. Adducci

1:20-cv-00789 | U.S. District Court for the Northern District of Ohio

Filed Date: April 10, 2020

Closed Date: May 1, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This habeas action was filed on April 10, 2020 by four medically vulnerable Immigration and Customs Enforcement detainees at the Geauga and Seneca County Jails, seeking release from detention in light of COVID-19. On April 13, the plaintiffs filed an amended petition, adding six new similarly situated plaintiffs. In April 2020, the Court granted preliminary relief and ordered the release of three of the original plaintiffs, while it denied relief for the remaining plaintiffs. …

COVID-19 Summary: This habeas action was filed on April 10, 2020 by four medically vulnerable Immigration and Customs Enforcement detainees at the Geauga and Seneca County Jails, seeking release from detention in light of COVID-19. On April 13, the plaintiffs filed an amended petition, adding six new similarly situated plaintiffs. In April 2020, the Court granted preliminary relief and ordered the release of three of the original plaintiffs, while it denied relief for the remaining plaintiffs.


Four medically vulnerable Immigration and Customs Enforcement ("ICE") detainees filed this petition for writ of habeas corpus and complaint for injunctive and declaratory relief in the United States District Court for the Northern District of Ohio on April 10, 2020. The plaintiffs claimed that their continued detainment in light of the COVID-19 pandemic violated their Fifth Amendment substantive due process rights by subjecting them to punishment without a conviction. As a remedy, the plaintiffs requested release to home confinement. The case was assigned to Judge Dan Aaron Polster.

On the same day the case was filed, the plaintiffs also filed a motion for a temporary restraining order ("TRO"). On April 13, the plaintiffs filed an amended petition for writ of habeas corpus and an amended complaint, adding six new similarly situated plaintiffs to the case. On the same day, the plaintiffs filed a second motion for a TRO. The Court held a hearing on April 16, 2020, in which it decided to address the first TRO only. Because the Court determined that three of the four original plaintiffs did not demonstrate that they were at high risk for contracting COVID-19, the Court denied the TRO regarding those plaintiffs. However, the Court did find that one of the original plaintiffs was a particularly high-risk individual susceptible to severe health complications if he contracted the virus. As to this plaintiff, the Court reserved ruling on the first TRO.

On April 18, 2020, the Court granted the first TRO for one plaintiff. 2020 WL 1903123. The Court found that this plaintiff's HIV-positive status and number of other serious medical conditions rendered him a high-risk individual for become severely ill from COVID-19. The Court also noted that it would be nearly impossible for the plaintiff to socially distance while remaining detained. Taking these findings together, the Court concluded that keeping the plaintiff in detention during the pandemic violated his Fifth Amendment right to due process and therefore granted the first TRO as to him. The Court ordered the immediate release of this plaintiff to his sister's home and ordered the plaintiff to quarantine for fourteen days.

On the same day the Court granted the TRO in part, the defendants moved to clarify the order, requesting that the Court permit ICE to require the released plaintiff to wear an ankle monitor. The defendants also asked whether the released plaintiff would be required to stay with his sister after the quarantine period and whether ICE could re-arrest him after the TRO expiration. On April 20, the Court held a telephonic hearing in which it declined to impose GPS monitoring. The Court set a hearing date of August 20 to address the subject of how long plaintiff may stay with his sister before being re-detained.

On April 23, 2020, the Court held another hearing after the defendants informed the Court that it released two of the plaintiffs who are subjects of the second TRO motion. The defendants required that the plaintiffs wear ankle bracelets, which plaintiffs objected to. The Court overruled the plaintiffs objections but noted that it would require the bracelet be removed if necessary for medical treatment. Noting that the three remaining plaintiffs from the second TRO have similar medical conditions to those already released, the Court directed that counsel confer about conditions that they can agree on for the release of the remaining plaintiffs.

On April 27, the Court held a telephonic hearing on the second motion for TRO. After balancing the five remaining plaintiffs' medical records, criminal and immigration histories, danger to the community and possibility of flight risk, the Court denied the motion as to these plaintiffs. On April 30, the Court held another hearing and granted the second TRO for two of the original plaintiffs. The Court ordered immediate release along with GPS monitoring and monthly telephonic reporting.

The case is now closed.

Summary Authors

Nicholas Gillan (9/26/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17061463/parties/amaya-cruz-v-detroit-district-director-of-us-immigration-customs/


Judge(s)

Polster, Dan A. (Ohio)

Attorneys(s) for Plaintiff

Balakrishnan, Anand V. (New York)

Bonham, Elizabeth (Ohio)

Chevrier, Claire D (Ohio)

Gadsden, Katherin W (New York)

Jadwat, Omar C. (New York)

Jaffe, Peter (District of Columbia)

Levenson, Freda J. (Ohio)

Ngo, My Khanh (California)

O'Loughlin, Robert Joseph III (New York)

Judge(s)

Polster, Dan A. (Ohio)

Attorneys(s) for Plaintiff

Balakrishnan, Anand V. (New York)

Bonham, Elizabeth (Ohio)

Chevrier, Claire D (Ohio)

Gadsden, Katherin W (New York)

Jadwat, Omar C. (New York)

Jaffe, Peter (District of Columbia)

Levenson, Freda J. (Ohio)

Ngo, My Khanh (California)

O'Loughlin, Robert Joseph III (New York)

Rhee, Jeannie S. (District of Columbia)

Shik, Oleg (New York)

Silberstein-Loeb, Jonathan M (New York)

Tan, Michael K. T. (New York)

Attorneys(s) for Defendant

Buck, Lynne Haddad (Ohio)

Johnson, Lisa Hammond (Ohio)

Documents in the Clearinghouse

Document

Docket [PACER]

Amaya-Cruz v. Detroit District Director of U.S. Immigration & Customs Enforcement

Sept. 1, 2021 Docket
35

Amended Opinion and Order

Amaya-Cruz v. Detroit District Director of U.S. Immigration & Customs Enforcement

April 18, 2020 Order/Opinion
34

Opinion and Order

Amaya-Cruz v. Detroit District Director of U.S. Immigration & Customs Enforcement

2020 WL 1903123

April 18, 2020 Order/Opinion
40

4/20/2020 Hearing Minutes, Ruling, and Scheduling Order

Amaya-Cruz v. Detroit District Director of U.S. Immigration & Customs Enforcement

April 21, 2020 Order/Opinion
55

Judgment Entry

Amaya-Cruz v. Detroit District Director of U.S. Immigration & Customs Enforcement

May 1, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17061463/amaya-cruz-v-detroit-district-director-of-us-immigration-customs/

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

ECF Number Description Date Link
1

Petition under 28 USC 2241 for Writ of Habeas Corpus by a person in federal custody. Filing fee paid $ 5, receipt number BOHNDC-9914515, Complaint for Injunctive and Declaratory Relief against Acting Secretary, U.S. Department of Homeland Security, Attorney General, U.S. Department of Justice, Deputy Director and Senior Official Performing the Duties of the Director of U.S. Immigration & Customs Enforcement, Detroit District Director of U.S. Immigration & Customs Enforcement, and U.S. Immigration and Customs Enforcement. Filing fee paid $ 400, Receipt number BOHNDC-9914515. Filed by Romel Amaya-Cruz, Hector Manuel Reyes Cruz, Elvira Pascalenco, Jonas Nsongi Mbonga. (Attachments: # 1 Civil Cover Sheet, # 2 Summons) (Levenson, Freda) (Entered: 04/10/2020)

1 Civil Cover Sheet

View on PACER

2 Summons

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April 10, 2020 PACER
2

Motion for temporary restraining order filed by Romel Amaya-Cruz, Jonas Nsongi Mbonga, Elvira Pascalenco, Hector Manuel Reyes Cruz. (Attachments: # 1 Greifinger Declaration, # 2 Greifinger CV, # 3 Amon Declaration, # 4 Amon CV, # 5 Starda Declaration, # 6 DeVito Declaration, # 7 Krncevic Declaration, # 8 Hoffman Declaration, # 9 Ngo Declaration, # 10 Exhibits to Ngo Declaration, # 11 Drozda Declaration, # 12 Burnett Declaration)(Levenson, Freda) (Entered: 04/10/2020)

April 10, 2020 PACER
3

Motion for attorney Jeannie Rhee to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9914614, filed by Romel Amaya-Cruz, Jonas Nsongi Mbonga, Elvira Pascalenco, Hector Manuel Reyes Cruz. (Attachments: # 1 Certificate of Good Standing)(Levenson, Freda) (Entered: 04/10/2020)

1 Certificate of Good Standing

View on PACER

April 10, 2020 PACER
4

Motion for attorney Katharine Warren Gadsden to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9914663, filed by Romel Amaya-Cruz, Jonas Nsongi Mbonga, Elvira Pascalenco, Hector Manuel Reyes Cruz. (Attachments: # 1 Declaration /s by Katharine Gadsden)(Levenson, Freda) (Entered: 04/10/2020)

1 Declaration

View on PACER

April 10, 2020 PACER
5

Motion for attorney Oleg M. Shik to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9914664, filed by Romel Amaya-Cruz, Jonas Nsongi Mbonga, Elvira Pascalenco, Hector Manuel Reyes Cruz. (Attachments: # 1 Declaration /s Oleg Shik)(Levenson, Freda) (Entered: 04/10/2020)

1 Declaration

View on PACER

April 10, 2020 PACER
6

Motion for attorney Jonathan M. Silberstein-Loeb to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9914666, filed by Romel Amaya-Cruz, Jonas Nsongi Mbonga, Elvira Pascalenco, Hector Manuel Reyes Cruz. (Attachments: # 1 Declaration /s by Jonatham Silberstein-Loeb)(Levenson, Freda) (Entered: 04/10/2020)

April 10, 2020 PACER
7

Attorney Appearance by Elizabeth M. Bonham filed by on behalf of Romel Amaya-Cruz, Jonas Nsongi Mbonga, Elvira Pascalenco, Hector Manuel Reyes Cruz. (Bonham, Elizabeth) (Entered: 04/10/2020)

April 10, 2020 PACER

Judge Dan Aaron Polster assigned to case. (S,He)

April 10, 2020 PACER

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (S,He)

April 10, 2020 PACER
8

Original Summons and Magistrate Consent Form issued to counsel for service upon Detroit District Director of U.S. Immigration & Customs Enforcement, Deputy Director and Senior Official Performing the Duties of the Director of U.S. Immigration & Customs Enforcement, Attorney General, U.S. Department of Justice, U.S. Immigration & Customs Enforcement, Acting Secretary, U.S. Department of Homeland Security. (Attachments: # 1 Magistrate Consent Form) (S,He) (Entered: 04/10/2020)

April 10, 2020 PACER
9

Scheduling Order The Court hereby DIRECTS Defendants to investigate and file, no later than 4:00 p.m. on Tuesday, April 14, 2020, a concise brief responding to Plaintiffs' allegations and the TRO Motion. The Court will hold a recorded telephonic conference with counsel and clients beginning at 9:30 a.m. on Wednesday, April 15, 2020. The Court will email call-in instructions to counsel.The Court hereby DIRECTS Defendants to investigate and file, no later than 4:00 p.m. on Tuesday, April 14, 2020, a concise brief responding to Plaintiffs' allegations and the TRO Motion. The Court will hold a recorded telephonic conference with counsel and clients beginning at 9:30 a.m. on Wednesday, April 15, 2020. The Court will email call-in instructions to counsel. Signed by Judge Dan Aaron Polster on 4/11/2020. (K,K) (Entered: 04/11/2020)

April 11, 2020 PACER

Order on Motion to appear pro hac vice

April 13, 2020 PACER

Order [non-document] granting Motion for appearance pro hac vice by attorney Jeannie L. Rhee for Petitioners. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 3 ). Approved by Judge Dan Aaron Polster on 4/13/2020.(K,K)

April 13, 2020 PACER

Order [non-document] granting Motion for appearance pro hac vice by attorney Jeannie L. Rhee for Petitioners. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 3). Approved by Judge Dan Aaron Polster on 4/13/2020.(K,K)

April 13, 2020 PACER
10

Attorney Appearance by Robert J. O'Loughlin filed by on behalf of Romel Amaya-Cruz, Jonas Nsongi Mbonga, Elvira Pascalenco, Hector Manuel Reyes Cruz. (O'Loughlin, Robert) (Entered: 04/13/2020)

April 13, 2020 PACER
11

Motion for attorney Anand V. Balakrishnan to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9917346, filed by Romel Amaya-Cruz, Jonas Nsongi Mbonga, Elvira Pascalenco, Hector Manuel Reyes Cruz. (Attachments: # 1 Declaration of Anand Balakrishnan - /s signature)(Levenson, Freda) (Entered: 04/13/2020)

April 13, 2020 PACER
12

Motion for attorney Omar C. Jadwat to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9917364, filed by Romel Amaya-Cruz, Jonas Nsongi Mbonga, Elvira Pascalenco, Hector Manuel Reyes Cruz. (Attachments: # 1 Declaration of Omar Jadwat - /s signtaure)(Levenson, Freda) (Entered: 04/13/2020)

April 13, 2020 PACER
13

Motion for attorney My Khanh Ngo to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9917365, filed by Romel Amaya-Cruz, Jonas Nsongi Mbonga, Elvira Pascalenco, Hector Manuel Reyes Cruz. (Attachments: # 1 Declaration of My Khanh Ngo - /s signature)(Levenson, Freda) (Entered: 04/13/2020)

April 13, 2020 PACER
14

Motion for attorney Michael King Thomas Tan to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9917368, filed by Romel Amaya-Cruz, Jonas Nsongi Mbonga, Elvira Pascalenco, Hector Manuel Reyes Cruz. (Attachments: # 1 Declaration of Michael Tan - /s Michael Tan)(Levenson, Freda) (Entered: 04/13/2020)

April 13, 2020 PACER
15

Amended Petition for Writ of Habeas Corpus and Amended Complaint for injunctive and declaratory judgment Filing fee paid $ 5, receipt number AOHNDC-9917457. Filed by Elvira Pascalenco, Jonas Nsongi Mbonga, Romel Amaya-Cruz, Hector Manuel Reyes Cruz, Gelacio Hernandez Velazquez, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Nidal Aburidi, Jose Luis Ramirez Alonzo, Karen Vanessa Castro Murillo. (Levenson, Freda) Modified text on 4/15/2020 (S,SR). (Entered: 04/13/2020)

April 13, 2020 PACER
16

Motion for temporary restraining order filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. (Attachments: # 1 Exhibit A - Krajenke Declaration, # 2 Exhibit B - Supplemental Drozda Declaration, # 3 Exhibit C - Supplemental Greifinger Declaration, # 4 Exhibit D - Supplemental Hoffman Declaration, # 5 Exhibit E - Ford Declaration, # 6 Exhibit F - Cini Declaration, # 7 Exhibit G - Ngo Declaration and Exhibits)(Levenson, Freda) (Entered: 04/13/2020)

April 13, 2020 PACER
17

Opposition to Petition for Writ of Habeas Corpus & Complaint for Declaratory & Injunctive Relief; and Opposition to Motion for Temporary Restraining Order filed by Acting Secretary, U.S. Department of Homeland Security, Attorney General, U.S. Department of Justice, Deputy Director and Senior Official Performing the Duties of the Director of U.S. Immigration & Customs Enforcement, Detroit District Director of U.S. Immigration & Customs Enforcement, U.S. Immigration & Customs Enforcement. Related document(s) 1, 16 . (Attachments: # 1 Exhibit 1 - Moore's Declaration about Plaintiff Amaya-Cruz, # 2 Exhibit 2 - Carusso's Declaration about Plaintiff Mbonga, # 3 Exhibit 3 - Carusso's Declaration about Plaintiff Pascalenko, # 4 Exhibit 4 - Roberts's Declaration about Plaintiff Reyes-Cruz, # 5 Exhibit 5 - Overton's Declaration about the Geauga County Jail, # 6 Exhibit 6 - Overton's Declaration about the Seneca County Jail, # 7 Exhibit 7 - ICE ERO COVID-19 Pandemic Response Requirements document) (Johnson, Lisa) Modified text on 4/15/2020 (S,SR). (Entered: 04/14/2020)

April 14, 2020 PACER
18

Supplement to Motion for attorney Anand V. Balakrishnan to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9917346, - Pro Hac Vice Declaration of Anand Balakrishnan, filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s) 11 . (Levenson, Freda) (Entered: 04/15/2020)

April 15, 2020 PACER
19

Supplement to Motion for attorney Katharine Warren Gadsden to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9914663, - Pro Hac Vice Declaration of Katharine Gadsden, filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s) 4 . (Levenson, Freda) (Entered: 04/15/2020)

April 15, 2020 PACER
20

Supplement to Motion for attorney Omar C. Jadwat to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9917364, - Pro Hac Vice Declaration of Omar Jadwat, filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s) 12 . (Levenson, Freda) (Entered: 04/15/2020)

April 15, 2020 PACER
21

Supplement to Motion for attorney My Khanh Ngo to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9917365, - Pro Hac Vice Declaration of My Khanh Ngo, filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s) 13 . (Levenson, Freda) (Entered: 04/15/2020)

April 15, 2020 PACER
22

Supplement to Motion for attorney Oleg M. Shik to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9914664, - Pro Hac Vice Declaration of Oleg Shik, filed by Nidal Aburidi, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s) 5 . (Levenson, Freda) (Entered: 04/15/2020)

April 15, 2020 PACER
23

Supplement to Motion for attorney Jonathan M. Silberstein-Loeb to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9914666, - Pro Hac Vice Declaration of Jonathan Silberstein-Loeb, filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s) 6 . (Levenson, Freda) (Entered: 04/15/2020)

April 15, 2020 PACER
24

Supplement to Motion for attorney Michael King Thomas Tan to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9917368, - Pro Hac Vice Declaration of Michael Tan, filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s) 14 . (Levenson, Freda) (Entered: 04/15/2020)

April 15, 2020 PACER
25

Attorney Appearance by Claire D. Chevrier filed by on behalf of Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. (Chevrier, Claire) (Entered: 04/15/2020)

April 15, 2020 PACER

Order on Motion to appear pro hac vice

April 16, 2020 PACER

Order [non-document] granting Motion for appearance pro hac vice by attorney Katharine Warren Gadsden, Oleg M. Shik, Jonathan Silberstein-Loeb, Anand V. Balakrishnan, Omar C. Jadwat, My Khanh Ngo, Michael King Thomas Tan for Petitioners. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc ##: 4, 5, 6, 11, 12, 13, 14 ). Approved by Judge Dan Aaron Polster on 4/16/2020.(K,K)

April 16, 2020 PACER

Order [non-document] granting Motion for appearance pro hac vice by attorney Katharine Warren Gadsden, Oleg M. Shik, Jonathan Silberstein-Loeb, Anand V. Balakrishnan, Omar C. Jadwat, My Khanh Ngo, Michael King Thomas Tan for Petitioners. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc ##: 4, 5, 6, 11, 12, 13, 14). Approved by Judge Dan Aaron Polster on 4/16/2020.(K,K)

April 16, 2020 PACER
26

Minutes of 4/15/2020 Hearing, Rulings and Scheduling Order On April 15, 2020, the Court held a Telephonic Hearing stating, as a preliminary matter, that the hearing would address the First TRO Motion only, Doc #: 2, since Defendants did not have time to investigate and file a response brief to the Second TRO Motion, Doc #: 16 . With respect to Plaintiff Romel Amaya-Cruz, however, the Court observed that he appeared to be a particularly high-risk individual who would be susceptible to serious illness or death if exposed to the virus. Thus, the Court directed counsel to confer and determine whether they can agree on certain conditions that could be imposed upon Romel if released, as is done in criminal cases, and directed them to file a joint report on the status of their discussions no later than 12:00 noon on Friday, April 17, 2020. With this, the Court RESERVED RULING on the First TRO Motion as to Romel Amaya-Cruz. The Court further determined that the three other Plaintiffs had not demonstrated they were at high risk of developing COVID-19; therefore, there was no basis for emergency relief and the Court DENIED the First TRO Motion as to them. Regarding the Second TRO Motion, the Court directed Defendants to investigate and file, no later than 12:00 noon on Wednesday, April 22, 2020, a concise brief responding to the allegations concerning the six new Plaintiffs. Finally, the Court scheduled a Telephonic Hearing on the Second TRO Motion beginning at 9:30 a.m. on Friday, April 24, 2020. As with yesterday's hearing, counsel shall submit to chambers a list of expected attendees 24 hours before the hearing, speakers should use a land line if possible, non-speakers should "mute" their phones, and participants shall use the same call-in instructions. Signed by Judge Dan Aaron Polster on 4/16/2020. (Court Reporter: George Staiduhar) Time: 90 minutes. (K,K) (Entered: 04/16/2020)

April 16, 2020 PACER

Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Duplicate charge filing fee. Receipt #: AOHND-9914515, filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s)1. (Levenson, Freda)

April 16, 2020 PACER

Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Duplicate charge filing fee. Receipt #: AOHND-9914515, filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s) 1 . (Levenson, Freda)

April 16, 2020 PACER
27

Status Report and request for order filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. (Levenson, Freda) (Entered: 04/16/2020)

April 16, 2020 PACER
28

Expedited (3-Day Transcript) Non-Appeal Transcript Order Form for proceedings held on 04/15/2020 before Judge Dan Aaron Polster, Court Reporter: George Staiduhar. Requested completion date: 04/20/2020 filed by Acting Secretary, U.S. Department of Homeland Security, Attorney General, U.S. Department of Justice, Deputy Director and Senior Official Performing the Duties of the Director of U.S. Immigration & Customs Enforcement, Detroit District Director of U.S. Immigration & Customs Enforcement, U.S. Immigration & Customs Enforcement. (Buck, Lynne) (Entered: 04/17/2020)

April 17, 2020 PACER
29

Status Report filed by Acting Secretary, U.S. Department of Homeland Security, Attorney General, U.S. Department of Justice, Deputy Director and Senior Official Performing the Duties of the Director of U.S. Immigration & Customs Enforcement, Detroit District Director of U.S. Immigration & Customs Enforcement, U.S. Immigration & Customs Enforcement. (Attachments: # 1 Exhibit Overton Third Declaration)Related document(s) 26 .(Johnson, Lisa) (Entered: 04/17/2020)

April 17, 2020 PACER
30

Supplemental Evidence as to Petitioner Amaya-Cruz, filed by Romel Amaya-Cruz. (Levenson, Freda) Modified text on 4/21/2020 (S,SR). (Entered: 04/17/2020)

April 17, 2020 PACER
31

SEALED Document:Exhibits to Supplemental Evidence as to Petitioner Amaya-Cruz filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s) 26, 30 . (Attachments: # 1 Exhibit Confidential Medical Records, # 2 Exhibit Second Declaration of Gwendolyn Starda, # 3 Exhibit Declaration and CV of Katherine McKenzie)(Levenson, Freda) (Entered: 04/17/2020)

April 17, 2020 PACER
32

Motion to File Documents Under Seal filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. (Levenson, Freda) (Entered: 04/17/2020)

April 17, 2020 PACER
33

Expedited Non-Appeal Transcript Order Form for proceedings held on 04/15/2020 before Judge Dan Aaron Polster, Court Reporter: George Staiduhar. Requested completion date: 04/20/2020 filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. (Levenson, Freda) (Entered: 04/17/2020)

April 17, 2020 PACER
34

Opinion and Order The Court, having reviewed the record, concludes that keeping Amaya-Cruz in detention during the COVID -19 pandemic with his severely tenuous, immunocompromised health, violates the Fifth Amendment. Accordingly, the Court GRANTS the First TRO 2 Motion as to Romel Amaya-Cruz with the following conditions: Romel Amaya-Cruz must stay with his sister who resides in Cleveland and self-quarantine in her residence for 14 days. Furthermore, he may not drive any vehicle. Should he abscond from his sister's residence and/or appear for his immigration hearing scheduled on April 29, 2020 or any future hearings, he will be deemed to have forfeited his asylum claim and any right to contest immediate removal from the country. Signed by Judge Dan Aaron Polster on 4/18/2020.(K,K) (Entered: 04/18/2020)

April 18, 2020 RECAP
35

Amended Opinion and Order For the reasons stated in the Order, the Court GRANTS the First TRO 2 Motion as to Romel Amaya-Cruz and directs his release with the following conditions: Romel Amaya-Cruz must stay with his sister who resides in Cleveland and self-quarantine in her residence for 14 days. Furthermore, he may not drive any vehicle. Should he abscond from his sister's residence and/or appear for his immigration hearing scheduled on April 29, 2020 or any future hearings, he will be deemed to have forfeited his asylum claim and any right to contest immediate removal from the country. Defendants concede that Amaya-Cruz is at high risk of contracting COVID-19 but that he needs to be detained because he is a danger to the community. He is a danger to the community because of two DUI convictions he received ten years ago. Defendants also contend that he is a flight-risk due to his repeated illegal re-entries into the country. However, he has immigration counsel who is currently representing him so that he may eventually stay in Cleveland with his family. The aforementioned conditions address these concerns. Moreover, everything possible should be done to release high-risk persons from penal institutions at this unique time, both to protect them, the remaining detainees, and the staff.(Related document 34 ) Signed by Judge Dan Aaron Polster on 4/18/2020. (K,K) (Entered: 04/18/2020)

April 18, 2020 RECAP
36

Motion to clarify Courts Amended Opinion and Order granting Temporary Restraining Order filed by Acting Secretary, U.S. Department of Homeland Security, Attorney General, U.S. Department of Justice, Deputy Director and Senior Official Performing the Duties of the Director of U.S. Immigration & Customs Enforcement, Detroit District Director of U.S. Immigration & Customs Enforcement, U.S. Immigration & Customs Enforcement. Related document(s) 35 . (Johnson, Lisa) (Entered: 04/18/2020)

April 18, 2020 PACER
37

Opposition to Additional Conditions filed by All Plaintiffs. (Bonham, Elizabeth) Related Document 36 Modified text on 4/21/2020 (S,SR). (Entered: 04/18/2020)

April 18, 2020 PACER

Notice [non-document] Telephone Conference set for 4/20/2020 at 11:00 AM before Judge Dan Aaron Polster. (K,K)

April 20, 2020 PACER
38

Marginal Entry Order granting Petitioners' Motion to file documents under seal (Related Doc # 32 ). Signed by Judge Dan Aaron Polster on 4/20/2020.(K,K) (Entered: 04/20/2020)

April 20, 2020 PACER
39

Transcript of Telephonic Conference held on April 15th, 2020, before Judge Dan A. Polster. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [47 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 4/27/2020. Redaction Request due 5/11/2020. Redacted Transcript Deadline set for 5/21/2020. Release of Transcript Restriction set for 7/20/2020. Related document(s) 33, 28 . (S,G) (Entered: 04/20/2020)

April 20, 2020 PACER
40

4/20/2020 Hearing Minutes, Ruling, and Scheduling Order Telephone Conference held on 4/20/2020 before Judge Dan Aaron Polster. The Court decided, and counsel agreed, to hold a Telephonic Hearing on Thursday, August 20 at 12:00 noon to address the status of Amaya-Cruz. To that end, the Court directed Defendants to file a status report no later than 12 noon on Thursday, August 13, 2020 stating whether Amaya-Cruz can be detained safely and, if so, why. The Court directed Plaintiffs to file a report responding to Defendants' report no later than 12 noon on Tuesday, August 18, 2020. Based on the foregoing, the Motion for Clarification, Doc #: 36, is hereby denied as moot. the Court made the following changes to the current schedule relating to the Second 16 TRO Motion: The deadline for Plaintiffs to get medical records to Defendants and the Court is 4:00 p.m. on Tuesday, April 21, 2020. The deadline for Defendants to file a response to the Second TRO Motion is 12:00 noon on Friday, April 24, 2020. The Telephonic Hearing presently scheduled on April 24, 2020 is moved to Monday, April 27, 2020 at 9:30 a.m. Signed by Judge Dan Aaron Polster on 4/21/2020. (K,K) (Court Reporter: George Staiduhar) (Entered: 04/21/2020)

April 21, 2020 RECAP
41

Supplemental Evidence as to Petitioner-Plaintiffs' Medical Conditions, filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. (Levenson, Freda) (Entered: 04/21/2020)

April 21, 2020 PACER
42

SEALED Document:Supplemental Evidence as to Petitioner-Plaintiffs' Medical Conditions filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s) 38, 41 . (Attachments: # 1 Aburidi medical records, # 2 Cortez Rodriguez medical Records, # 3 Hernandez Lopez Medical records, # 4 Ramirez Alonzo Medical Records 1, # 5 Ramirez Alonzo Medical Records 2)(Levenson, Freda) (Entered: 04/21/2020)

April 21, 2020 PACER
43

4/23/2020 Hearing Minutes and Order The Court held an impromptu hearing on April 23, 2020 based on two emails received after the close of business yesterday. Specifically, the Government informed the Court that it decided to release two of the ICE detainees who are the subject of the Second TRO Motion(Gelacio Hernandez Velazquez and Jose Luis Ramirez Alonzo),1 and they will be released with GPS monitoring. Plaintiffs responded that they object to GPS monitoring because the Court ordered the release of Romel Amaya-Cruz without GPS monitoring and there is no distinguishing basis for GPS monitoring with respect to these two Plaintiffs. After listening to both sides, the Court overruled Plaintiffs objection to GPS monitoring. In so holding, the Court noted that if either Plaintiff needs to have a medical procedure for which the ankle bracelet needs to be removed, the Court will order it. Furthermore, given Mr. Alonzo's condition, if the ankle bracelet proves to be particularly uncomfortable or problematic, the Court will order its removal. That said, the Court observed that the remaining three Plaintiffs have medical conditions similar to those the Court has already released. Consequently, the Court directed counsel to confer about conditions they believe are reasonable and can agree on should the Defendants choose to release them. If they cannot agree and the Court decides to order their release, their upcoming briefs should focus on this issue.Furthermore, all agreed to the same schedule previously established for determining when the released detainees should return to detention: August 13, 2020 at 12 noon for the Defendants report, August 18, 2020 at 12 noon for Plaintiffs response, and a telephonic hearing on August 20, 2020 at 12 noon. Signed by Judge Dan Aaron Polster on 4/23/2020. (Court Reporter: George Staiduhar.)Time: 30 minutes. (K,K) (Entered: 04/23/2020)

April 23, 2020 PACER
44

Supplement to Motion for temporary restraining order - Supplemental Evidence as to Petitioner-Plaintiff Pascelnco and Request for Reconsideration of Denial of TRO, filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s) 2 . (Levenson, Freda) (Entered: 04/23/2020)

April 23, 2020 PACER
45

SEALED Document: Supplemental Evidence as to Petitioner-Plaintiff Pascalenco and request for reconsideration of denial of TRO, filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s) 38, 44, 2 . (Attachments: # 1 Exhibit 1 - Confidential Medical Records 1, # 2 Exhibit 2 - Confidential Medical Records 2, # 3 Exhibit 3 - Confidential Medical Records 3, # 4 Exhibit 4 -Declaration of Igor Matsenko)(Levenson, Freda) (Entered: 04/23/2020)

April 23, 2020 PACER
46

Supplement to Motion for temporary restraining order - Supplemental Evidence as to Petitioner-Plaintiff Nsongi Mbonga and Request for Reconsideration of Denial of TRO, filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s) 2 . (Levenson, Freda) (Entered: 04/23/2020)

April 23, 2020 PACER
47

SEALED Document: Supplemental Evidence as to Petitioner-Plaintiff Nsongi Mbonga and request for reconsideration of denial of TRO, filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s) 38, 46, 2 . (Attachments: # 1 Exhibit 1 - Confidential Vosk Declaration, # 2 Exhibit 2 - Supplemental Declaration of Maureen DeVito, # 3 Exhibit 3 - Confidential medical records 1, # 4 Exhibit 4 - Confidential medical records 2)(Levenson, Freda) (Entered: 04/23/2020)

April 23, 2020 PACER
48

Brief in Opposition to Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief; and Opposition to Motion for Temporary Restraining Order filed by Acting Secretary, U.S. Department of Homeland Security, Attorney General, U.S. Department of Justice, Deputy Director and Senior Official Performing the Duties of the Director of U.S. Immigration & Customs Enforcement, Detroit District Director of U.S. Immigration & Customs Enforcement, U.S. Immigration & Customs Enforcement. Related document(s) 15 . (Attachments: # 1 Exhibit 1 - Abdurini Declaration, # 2 Exhibit 2 - Cortez-Rodriguez Declaration, # 3 Exhibit 3 - Hernandez-Lopez Declaration, # 4 Exhibit 4 - Roberts' Declaration, # 5 Exhibit 5 - Overton Declaration) (Johnson, Lisa) (Entered: 04/24/2020)

April 24, 2020 PACER
49

4/27/2020 Hearing Minutes, Rulings and Scheduling Order On Monday, April 27, 2020, the Court held a Telephonic Hearing on the Second Motion for TRO. Doc #: 16 . The Court, having read the briefs and medical records, listened to argument addressing remaining Plaintiffs Nidal Aburidi, Mariano Cortez Rodriguez, and Marcelo Hernandez Lopez. Balancing the medical records of these three Plaintiffs, their criminal and immigration histories, their danger to the community and possibility of flight risk, the Court denied the Second TRO Motion as to the remaining three Plaintiffs. The Court directed Defendants to file a brief on whether these two Plaintiffs Mbonga and Pasclenco should be released in light of new evidence no later than 4:00 p.m. on Wednesday, April 29, 2020. That brief should focus on whether they are a danger to the community or a flight risk, and it should state conditions they would recommend the Court impose should the Court determine to release them. The Court has scheduled a followup Telephonic Hearing beginning at 1:00 p.m. on Thursday, April 30, 2020. Signed by Judge Dan Aaron Polster on 4/27/2020. (Court Reporter: George Staiduhar.)Time: 30 minutes. (K,K) (Entered: 04/27/2020)

April 27, 2020 PACER
50

Nunc Pro Tunc Order he Court issues this Nunc Pro Tunc Order in place of the Minutes, Rulings and Scheduling Order issued on 4/27/2020, Doc #: 49, because Doc #: 49 does not contain Judge Polster's signature. Nothing in the text has been changed. Signed by Judge Dan Aaron Polster on 4/28/2020. (K,K) (Entered: 04/28/2020)

April 28, 2020 PACER

Order on Motion to appear pro hac vice

April 28, 2020 PACER

Order [non-document] granting Motion for appearance pro hac vice by attorney Peter Jaffe for Petitioners. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 51). Entered on behalf of Judge Dan Aaron Polster on 4/28/2020.(K,K)

April 28, 2020 PACER
51

Motion for attorney Peter E. Jaffe to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9945712, filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. (Attachments: # 1 Exhibit Certificate of Good Standing)(Levenson, Freda) (Entered: 04/28/2020)

1 Exhibit Certificate of Good Standing

View on PACER

April 28, 2020 PACER

Order [non-document] granting Motion for appearance pro hac vice by attorney Peter Jaffe for Petitioners. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 51 ). Entered on behalf of Judge Dan Aaron Polster on 4/28/2020.(K,K)

April 28, 2020 PACER
52

Brief in Opposition to Request for Reconsideration of Denial of Temporary Restraining Order Regarding Petitioner Pascalenco filed by Acting Secretary, U.S. Department of Homeland Security, Attorney General, U.S. Department of Justice, Deputy Director and Senior Official Performing the Duties of the Director of U.S. Immigration & Customs Enforcement, Detroit District Director of U.S. Immigration & Customs Enforcement, U.S. Immigration & Customs Enforcement. Related document(s) 44 . (Attachments: # 1 Exhibit 1 - Declaration of Ryan Overton) (Johnson, Lisa) (Entered: 04/29/2020)

April 29, 2020 PACER
53

Brief in Opposition to Request for Reconsideration of Denial of Temporary Restraining Order Regarding Petitioner Mbonga filed by Acting Secretary, U.S. Department of Homeland Security, Attorney General, U.S. Department of Justice, Deputy Director and Senior Official Performing the Duties of the Director of U.S. Immigration & Customs Enforcement, Detroit District Director of U.S. Immigration & Customs Enforcement, U.S. Immigration & Customs Enforcement. Related document(s) 46 . (Attachments: # 1 Exhibit 1 - Declaration of Ryan Overton) (Johnson, Lisa) (Entered: 04/29/2020)

April 29, 2020 PACER
54

4.30.2020 Hearing Minutes and Final Rulings On April 30, 2020, the Court held a reconsideration hearing at the conclusion of which the Court granted the Second TRO Motion and ordered the immediate release of Plaintiffs Mbonga and Pascalenco for reasons stated on the record. The Court also ordered GPS monitoring, monthly telephonic reporting, and the same dates and deadlines previously established to determine when all released Plaintiffs should be returned to detention: August 13, 2020 at 12 noon: Deadline for Government's Report; August 18, 2020 at 12 noon: Deadline for Plaintiffs' Response; August 20, 2020 at 12 noon: Telephonic Hearing. The Court, having ruled on the request for release as to all ten Plaintiffs, hereby closes this case as final. Signed by Judge Dan Aaron Polster on 5/1/2020. (Court Reporter: George Staiduhar.)Time: 30 minutes. (K,K) (Entered: 05/01/2020)

May 1, 2020 PACER
55

Judgment Entry For the reasons stated in the 54 Order filed contemporaneously with this Judgment Entry, and pursuant to Federal Rule of Civil Procedure 58, it is hereby ordered, adjudged and decreed that the above-captioned case is hereby terminated and dismissed as final. Signed by Judge Dan Aaron Polster on 5/1/2020. (K,K) (Entered: 05/01/2020)

May 1, 2020 RECAP
56

Expedited Non-Appeal Transcript Order Form for proceedings held on 4/20/20, 4/23/20, 4/27/20, 4/30/20 before Judge Dan Aaron Polster, Court Reporter: George Staiduhar. Requested completion date: 5/4/20 filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. (Bonham, Elizabeth) (Entered: 05/01/2020)

May 1, 2020 PACER
57

Transcript of Teleconference hearing held on April 20th, 2020 before Judge Dan A. Polster. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [21 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2020. Redaction Request due 5/26/2020. Redacted Transcript Deadline set for 6/4/2020. Release of Transcript Restriction set for 8/3/2020. Related document(s) 56 . (S,G) (Entered: 05/04/2020)

May 4, 2020 PACER
58

Transcript of Teleconference hearing held on April 23rd, 2020, before Judge Dan A. Polster. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [17 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2020. Redaction Request due 5/26/2020. Redacted Transcript Deadline set for 6/4/2020. Release of Transcript Restriction set for 8/3/2020. Related document(s) 56 . (S,G) (Entered: 05/04/2020)

May 4, 2020 PACER
59

Transcript of Teleconference hearing held on April 27th, 2020, before Judge Dan A. Polster. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [33 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2020. Redaction Request due 5/26/2020. Redacted Transcript Deadline set for 6/4/2020. Release of Transcript Restriction set for 8/3/2020. Related document(s) 56 . (S,G) (Entered: 05/04/2020)

May 4, 2020 PACER
60

Transcript of Teleconference Hearing held on April 30th, 2020 before Judge Dan A. Polster. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [19 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2020. Redaction Request due 5/26/2020. Redacted Transcript Deadline set for 6/4/2020. Release of Transcript Restriction set for 8/3/2020. Related document(s) 56 . (S,G) (Entered: 05/04/2020)

May 4, 2020 PACER
61

Joint Motion for extension of time until 10/13/2020 to Extend Case Schedule filed by. (Bonham, Elizabeth) (Entered: 08/12/2020)

Aug. 12, 2020 PACER
62

Marginal Order granting 61 Joint Motion for extension of time until 10/13/2020 to Extend Case Schedule as follows: October 13 by noon, Government's report due; October 20 by noon, Plaintiffs' Response due. Telephone Conference set for 10/22/2020 at 11:30 AM before Judge Dan Aaron Polster. Signed by Judge Dan Aaron Polster on 8/13/2020.(K,K) (Entered: 08/13/2020)

Aug. 13, 2020 RECAP
63

Joint Motion for extension of Case Schedule until by 60 days filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. Related document(s) 62 . (Bonham, Elizabeth) (Entered: 10/09/2020)

Oct. 9, 2020 PACER
64

Marginal Entry Order granting 63 Joint Motion for extension of Case Schedule until by 60 days as follows: Government's Report due by noon December 14 at noon; Plaintiffs' Response due by noon December 21. Telephone Conference reset for 1/6/2021 at 11:00 AM in to be held telephonically before Judge Dan Aaron Polster. Signed by Judge Dan Aaron Polster on 10/13/2020.(K,K) (Entered: 10/13/2020)

Oct. 13, 2020 RECAP
65

Joint Motion to extend case schedule filed by Acting Secretary, U.S. Department of Homeland Security, Deputy Director and Senior Official Performing the Duties of the Director of U.S. Immigration & Customs Enforcement, Detroit District Director of U.S. Immigration & Customs Enforcement, U.S. Immigration & Customs Enforcement. Related document(s) 62 . (Johnson, Lisa) (Entered: 12/09/2020)

Dec. 9, 2020 PACER
66

Joint Motion to extend case schedule filed by Acting Secretary, U.S. Department of Homeland Security, Deputy Director and Senior Official Performing the Duties of the Director of U.S. Immigration & Customs Enforcement, Detroit District Director of U.S. Immigration & Customs Enforcement, U.S. Immigration & Customs Enforcement. Related document(s) 64 . (Johnson, Lisa) (Entered: 12/10/2020)

Dec. 10, 2020 PACER

Order [non-document] denying as moot 65 Joint Motion to extend case schedule. Motion refiled - see Doc. 66. Entered on behalf of Judge Dan Aaron Polster on 12/10/2020.(K,K)

Dec. 10, 2020 PACER

Order [non-document] granting 66 Joint Motion to Extend the Case Schedule with briefing scheduled as follows: Government's Report is due no later than 12:00 p.m. on February 12, 2021; Plaintiffs' Response is due February 19, 2021 no later than 12:00 p.m.; and a Telephonic Hearing is set for February 26, 2020 at 11:00 AM before Judge Dan Aaron Polster. Entered on behalf of Judge Dan Aaron Polster on 12/10/2020.(K,K)

Dec. 10, 2020 PACER

Order [non-document] denying as moot 65 Joint Motion to extend case schedule. Motion refiled - see Doc. 66 . Entered on behalf of Judge Dan Aaron Polster on 12/10/2020.(K,K)

Dec. 10, 2020 PACER

Order on Motion for extension of time (other)

Dec. 10, 2020 PACER
67

Notice of Termination of Counsel Lynne H. Buck filed by Attorney General, U.S. Department of Justice. (Buck, Lynne) (Entered: 01/22/2021)

Jan. 22, 2021 PACER

IMPORTANT: Notice [non-document] Telephone Conference reset for 2/26/2021 at 03:00 PM* before Judge Dan Aaron Polster. (*Please note change in TIME only.) (K,K)

Jan. 22, 2021 PACER
68

Joint Motion for extension of time until by 60 days to Extend the Case Schedule filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. (Bonham, Elizabeth) (Entered: 02/09/2021)

Feb. 9, 2021 PACER

Order [non-document] granting 68 Joint Motion for extension of time until by 60 days to Extend the Case Schedule as follows: Government's Report is due no later than 12:00 p.m. on April 13, 2021 ; Plaintiffs' Response is due no later than 12:00 p.m. April 20; and a Telephone Conference is set for 4/28/2021 at 10:45 AM before Judge Dan Aaron Polster. Entered on behalf of Judge Dan Aaron Polster on 2/10/2021.(K,K) Notice regenerated on 2/10/2021 (K,K).

Feb. 10, 2021 PACER

Order on Motion for extension of time (other)

Feb. 10, 2021 PACER

IMPORTANT: Notice [non-document] Telephone Conference reset for 4/28/2021 at 02:15 PM* before Judge Dan Aaron Polster. (*Please note change in TIME only.) (K,K)

March 12, 2021 PACER
69

Motion by Jonathan Loeb-Silberstein to withdraw as attorney filed by Nidal Aburidi, Romel Amaya-Cruz, Karen Vanessa Castro Murillo, Mariano Cortez Rodriguez, Marcelo Hernandez Lopez, Gelacio Hernandez Velazquez, Jonas Nsongi Mbonga, Elvira Pascalenco, Jose Luis Ramirez Alonzo, Hector Manuel Reyes Cruz. (Silberstein-Loeb, Jonathan) (Entered: 04/09/2021)

April 9, 2021 PACER

Order [non-document] granting Motion to withdraw as attorney; attorney Jonathan Silberstein-Loeb removed from case. (Related Doc # 69) Approved by Judge Dan Aaron Polster on 4/9/2021.(K,K)

April 9, 2021 PACER

Order [non-document] granting Motion to withdraw as attorney; attorney Jonathan Silberstein-Loeb removed from case. (Related Doc # 69 ) Approved by Judge Dan Aaron Polster on 4/9/2021.(K,K)

April 9, 2021 PACER

Order on Motion to withdraw as attorney

April 9, 2021 PACER

Order [non-document] On April 12, 2021, the parties requested that the Court suspend the briefing deadlines so they could complete settlement discussions and draft and execute a settlement agreement. The parties' request is GRANTED and the Court hereby suspends the briefing deadlines. The Court also CANCELS the upcoming April 28, 2021 telephone conference. The Court will follow-up with counsel in 30 days for an update on the status of the settlement agreement. Entered on behalf of Judge Dan Aaron Polster on 4/12/2021. (K,K)

April 12, 2021 PACER

Order [non-document]. Unless the parties notify the Court that they have already reached an agreement, the Court will conduct a status conference by Zoom on June 21, 2021, at 2:00 p.m. Counsel and parties are required to participate. A zoom link will be sent to counsel prior to the status conference. Entered on behalf of Judge Dan Aaron Polster on 5/18/21. (W,CM)

May 18, 2021 PACER
70

Motion by Robert J. O'Loughlin to withdraw as attorney filed by Romel Amaya-Cruz, Jonas Nsongi Mbonga, Elvira Pascalenco, Hector Manuel Reyes Cruz. (O'Loughlin, Robert) (Entered: 05/21/2021)

May 21, 2021 PACER

Order [non-document]granting Plaintiff's Motion to withdraw as attorney, attorney Robert J. O'Loughlin, III removed from case. (Related Doc # 70). Approved by Judge Dan Aaron Polster on 5/21/21.(W,CM)

May 21, 2021 PACER

Order [non-document]granting Plaintiff's Motion to withdraw as attorney, attorney Robert J. O'Loughlin, III removed from case. (Related Doc # 70 ). Approved by Judge Dan Aaron Polster on 5/21/21.(W,CM)

May 21, 2021 PACER

Order on Motion to withdraw as attorney

May 21, 2021 PACER

State / Territory: Ohio

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 10, 2020

Closing Date: May 1, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four medically vulnerable immigration detainees

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Detroit District of U.S. Immigration & Customs Enforcement (Detroit), Federal

U.S. Immigration & 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:

Ex Parte Young (Federal) or Bivens

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

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Habeas relief

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

Habeas Corpus

Sanitation / living conditions

Crowding:

Crowding / caseload

Disability:

disability, unspecified

COVID-19:

Release Granted

Release granted-group

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Detention - conditions

Detention - procedures