Case: Oldaker v. Giles

7:20-cv-00224 | U.S. District Court for the Middle District of Georgia

Filed Date: Nov. 9, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This federal class action lawsuit sought injunctive, declaratory, and monetary relief for over 60 immigrant women who were detained in ICE custody at the Irwin County Detention Center in Ocilla, Georgia. The plaintiffs claimed that they were subjected to medical abuse while in ICE custody including nonconsensual hysterectomies, overly aggressive gynecological care, and medically unnecessary procedures. In addition to the medical abuse itself, the plaintiffs sought relief against federal officia…

This federal class action lawsuit sought injunctive, declaratory, and monetary relief for over 60 immigrant women who were detained in ICE custody at the Irwin County Detention Center in Ocilla, Georgia. The plaintiffs claimed that they were subjected to medical abuse while in ICE custody including nonconsensual hysterectomies, overly aggressive gynecological care, and medically unnecessary procedures. In addition to the medical abuse itself, the plaintiffs sought relief against federal officials and the local employees of the ICE jail who, the plaintiffs claimed, engaged in a widespread conspiracy to silence the detainees from sharing their abuse with the public and retaliated against women who spoke out about the conditions at the detention center.

Procedural Background:

This federal class action lawsuit commenced on November 9, 2020, with a petition for a Writ of Habeas Corpus and Declaratory and Injunctive Relief and an emergency motion for a temporary restraining order filed by Yanira Oldaker in the U.S. District Court for the Middle District of Georgia (in Valdosta). At the time of the initial filing, Yanira Oldaker was a detainee of U.S. Immigration and Customs Enforcement (ICE) at Irwin County Detention Center (ICDC also referred to below as “the ICE jail”) in Ocilla, Georgia. The November 9 motion named ICE, the Department of Homeland Security (DHS), and the Department of Justice (DOJ) as defendants.

On November 16 and 17, 2020, two other women detained at ICDC filed separate habeas petitions in the same district court. (Trial dockets 7:20-cv-00231 and 7:20-cv-00237). On November 18, 2020, District Judge W. Louis Sands ordered the two new habeas petitions to be consolidated into the Oldaker case which had been referred to Magistrate Judge Stephen Hyles. A fourth ICDC detainee joined the consolidated action on November 23, 2020, also seeking a writ of habeas corpus.

On November 25, 2020, the district court granted a consent motion to revise a scheduling order agreed to by the four plaintiffs and the defendants who now included ICE, DHS, DOJ, and ICDC. In the revised scheduling order, the government agreed to not deport any of the four plaintiffs or any other ICDC detainees who wished to file similar habeas petitions or motions for temporary restraining orders at least until a hearing on the motions for temporary restraining orders was held. The plaintiffs agreed to file a consolidated habeas petition and consolidated motion for temporary restraining order for all individuals at ICDC with substantially similar factual allegations as themselves by December 21, 2020.

The Amended Habeas Petition/Class Action Complaint, and the Amended Motion for a Temporary Restraining Order:

The plaintiffs met the deadline they agreed to and submitted an amended habeas petition together with a class action complaint (the complaint) and an updated emergency motion for a temporary restraining order on December 21, 2020.

Represented by the National Immigration Project of the National Lawyers Guild, Morningside Heights Legal Services, Project South, a small Atlanta based law firm, and law school clinics from Boston University, Harvard, Texas A&M, and the University of Georgia as counsel, the plaintiffs sought injunctive, declaratory, and monetary relief. In the complaint, the plaintiffs described themselves as current or former ICDC detainees who were each subjected to “non-consensual, medically unindicated, and/or invasive gynecological procedures” by the physician assigned to the ICE jail.

The complaint set out three main categories of plaintiffs: 1) a group of nine women who were detained at ICDC at the time the complaint was filed, 2) four women previously detained at ICDC who had been either deported from the U.S. or released from the ICE jail at the time the complaint was filed, 3) a putative class of at least 60 women who were subjected to similar medical abuse at ICDC as the named plaintiffs. The list of defendants was extensive and includes federal agencies, federal officials, employees at ICDC, the corporate defendant LaSalle Southeast, LLC which owned and operated ICDC at the time of the complaint, and the Hospital Authority of Irwin County which employed the defendant physician Mahendra Amin.

The complaint included 21 claims for relief. The first was a habeas claim for the release of the nine detained plaintiffs from unlawful detention under 28 U.S.C. §§2241, 2243 and the common law to remedy the “egregious and systematic retaliatory behavior” of the defendants.

In claims two through four, the plaintiffs sought a remedy for violations of their First Amendment Rights. The second claim alleged retaliatory conduct by federal respondents against ICDC detainees in violation of the First Amendment rights of speech and petition. The plaintiffs claimed that their testimony to federal investigators and communications to the press regarding medical abuse was met by adverse actions by federal respondents including deportations and attempted deportations of individual plaintiffs and putative class members, use of force, solitary confinement, and denial of privileges at the ICDC. The plaintiffs claimed that their exercise of free speech was “chilled” and that they suffered physical and/or psychological harm. The second claim sought damages against federal respondents pursuant to Bivens, declaratory relief finding their actions in violation of the First Amendment, and injunctive relief prohibiting further retaliation by federal officials against the exercise by plaintiffs of First Amendment protected conduct. The third claim is similar to the second but described the retaliation committed by ICDC, LaSalle, and their employees/officials including the defendant physician and is based on the incorporation of the First Amendment in the Fourteenth Amendment as a cause of action under 42 U.S.C. §1983. The retaliatory conduct committed by these non-federal actors included the placement of plaintiffs in solitary confinement, cell restriction, physical assault, assault of handcuffed detainees, threats of deprivation of property and commissary to hunger strikers, denial of access to the law library, monitoring of phone calls, destruction of outgoing correspondence, and the making of false claims to congressional investigators. Plaintiffs sought the same injunctive and declaratory relief against state officials as they did against the federal respondents and ask for both compensatory and punitive damages. As an alternative to the third claim, claim four restates the allegations of retaliation committed by the non-federal respondents but argued that if claim three failed, the court should find that the ICDC and LaSalle employees/officials were acting under color of federal authority and can be sued for damages pursuant to Bivens.

In the fifth, sixth, and seventh claims of the complaint, the plaintiffs sought relief for violations of their Fifth Amendment rights. The fifth claim sought declaratory, injunctive, and monetary relief against federal officials with the damages claim based on Bivens. The plaintiffs alleged that the federal officials who facilitated their confinement at ICDC were either motivated by evil intent or callously/recklessly indifferent to the medical abuse they endured in violation of the Fifth Amendment’s guarantee of reasonable safety and freedom from punitive confinement for people in civil immigration detention. The sixth claim sought the same type of relief as the fifth but is against the ICDC respondents and was based on the Fourteenth Amendment right to substantive due process and 42 U.S.C §1983. Like the fourth claim’s alternative theory for damages under Bivens, the seventh claim similarly argued that if the court finds that the ICDC respondents were operating solely under color of federal law, they should still be liable for damages for violating the plaintiffs’ rights to substantive due process.

The eighth claim sought declaratory and injunctive relief against all defendants in their official capacities for violating Section 504 of the Rehabilitation Act with regards to the detained plaintiffs. The plaintiffs alleged that the detained plaintiffs (all of whom have underlying medical conditions which qualify as disabilities under the Rehab Act) were excluded and/or denied benefits of the “services, programs, and activities” within ICDC. The plaintiffs argued that the only “reasonable accommodation” that would have mitigated their disabilities would have been released from detention and that because they were still detained at ICDC at the time the complaint was filed, their ongoing detention violated the Rehab Act.

The ninth claim was against the federal defendants for violations of the Administrative Procedure Act and the Immigration and Nationality Act. The plaintiffs claimed that the deportation of two of the detainees who provided information about medical abuse to a whistleblower ICDC employee was a violation of ICE’s own policy (ICE Policy Number 10076.1) to not remove individuals from the U.S. “in the midst of a legitimate effort to protect their civil rights or civil liberties.” This disregard of its own policy by ICE amounted to a violation of the APA’s guarantee of judicial review for persons who suffer a legal wrong because of an agency action and also violated regulations promulgated under the INA which prohibit the deportation of individuals needed in the US for any investigation “being, or soon to be, conducted by any official executive, legislative, or judicial agency…”. 8 C.F.R. §215.3(h). The tenth claim was also based in APA violations by federal officials. Plaintiffs alleged that federal defendants failed to follow the Performance Based National Detention Standards (PBNDS) requirements with regards to the medical care at ICDC amounting to an unlawful agency action under the APA. The plaintiffs sought declaratory and injunctive relief to remedy the violations alleged in their ninth and tenth claims.

In the eleventh claim, the plaintiffs alleged that the defendants violated 42 U.S.C. §1985 by 1) conspiring to deter detainees from attending/testifying in a pending federal court proceeding and 2) conspiring to retaliate against witnesses/participants in federal court proceedings. The plaintiffs supported these conspiracy claims with extensive allegations including examples of expedited deportations, forced transfers of detainees out of the main ICDC facility during a September 2020 visit by a Congressional delegation, and phone call monitoring all of which commenced after ICDC received notice in mid-September 2020 that federal agencies were investigating it for medical abuse. The plaintiffs sought damages, injunctive, and declaratory relief to remedy these claims.

In the twelfth claim, the plaintiffs sought declaratory and injunctive relief against federal defendants for violating the Fifth Amendment prohibition on deportation of essential witnesses in civil proceedings.

The thirteenth claim requested a grant of bail to the plaintiffs who were petitioning for habeas. The fourteenth claim is for breach of contract. Here, the plaintiffs argued that both the federal and ICDC defendants breached the terms of the Intergovernmental Agreement (IGA) established for the administration of the ICE jail by failing to abide by the terms of the PBNDS, not providing appropriate medical care, providing medical treatment without informed consent, and by not providing language accessibility during medical care to detainees who did not speak English. The plaintiffs claimed that they were the intended third-party beneficiaries of the IGA and that they were owed damages to remedy the breach as well as injunctive relief to enforce the contract.

Counts fifteen through twenty were tort claims, listed as follows; 15) negligent hiring or retention against ICDC, LaSalle, and Irwin County Hospital; 16) gross negligence against ICDC and its officials; 17) medical battery against the defendant physician and Irwin County Hospital; 18) medical malpractice against the defendant physician and Irwin County Hospital; 19) intentional infliction of emotional distress against ICDC and its officials; 20) negligent infliction of emotional distress against ICDC and its officials. The twenty-first claim was for attorneys’ fees and costs. It was brought under Georgia law against all ICDC defendants who committed intentional torts.

In addition to the complaint, the plaintiffs filed an emergency motion for a temporary restraining order and petition for writs of habeas corpus ad testificandum. The temporary restraining order sought by the plaintiffs would have enjoined retaliation against them by federal and ICDC officials including use of force, solitary confinement, denial of privileges, and deportation. If granted by the court, the habeas writs sought in the emergency motion would have ordered the defendants to make the plaintiffs available for any hearings deemed necessary by the court. In the emergency motion, the plaintiffs also asked for the release from ICDC of all detained plaintiffs and members of the putative class as an alternative to not granting the temporary restraining order and habeas petition.

Proceedings and Factual Changes Since the December 2020 Filings:

No district court rulings had been made on the merits of any of the plaintiffs’ claims as of June 8, 2021. Only the corporate defendant, LaSalle, has filed an answer to the complaint (submitted April 15, 2021). On June 8, the government submitted a notice of new facts in opposition to the December 21, 2020, emergency motion for temporary restraining order. Though this document is not available for purchase on PACER, it likely has to do with DHS Secretary Alejandro Mayorkas’ announcement of the end of ICE’s contract with ICDC on May 20, 2021. Interestingly, according to a June 3, 2021, report by the Intercept, at least 34 ICE detainees were transferred to ICDC the week after DHS claimed to have terminated the contract. As for the status of the plaintiffs in this case, the National Immigration Project of the NLG reported that all of the women who claimed medical abuse by the defendant physician had been released from ICDC as early as January 22, 2021. This claim is further corroborated by a press release from Detention Watch Network that announced that no women were being detained at ICDC as of April 29, 2021.

The case is ongoing.

Summary Authors

Esteban Woo Kee (7/4/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18616268/parties/oldaker-v-giles/


Judge(s)

Hyles, M. Stephen (Georgia)

Sands, Willie Louis (Georgia)

Attorneys(s) for Plaintiff

Ahmed, Sameer (Massachusetts)

Ardalan, Sabrineh (Massachusetts)

Bhatt, Priyanka (Georgia)

Cade, Jason Alexis (Georgia)

Dreyer, David N (Georgia)

Klinke, Tracie L (Georgia)

Marouf, Fatma E. (Texas)

Martinez, Sheila Velez (Pennsylvania)

Judge(s)

Hyles, M. Stephen (Georgia)

Sands, Willie Louis (Georgia)

Attorneys(s) for Plaintiff

Ahmed, Sameer (Massachusetts)

Ardalan, Sabrineh (Massachusetts)

Bhatt, Priyanka (Georgia)

Cade, Jason Alexis (Georgia)

Dreyer, David N (Georgia)

Klinke, Tracie L (Georgia)

Marouf, Fatma E. (Texas)

Martinez, Sheila Velez (Pennsylvania)

Mazziotti, Thomas J. (Georgia)

Meyers, Joseph C (District of Columbia)

Mukherjee, Elora (New York)

Norins, Clare Rivka (Georgia)

Qureshi, Amber (District of Columbia)

Shahshahani, Azadeh N. (Georgia)

Shebaya, Sirine (District of Columbia)

Shepherd, Kristen E (Georgia)

Sherman-Stokes, Sarah (Massachusetts)

Sterling, Michael Todd (Georgia)

Vogel, Matthew Scott (District of Columbia)

Attorneys(s) for Defendant

Blanchard, Jason W (Georgia)

Drey, Kathryn (Florida)

Gevertz, David E. (Georgia)

Grubman, Scott R (Georgia)

Hall, John E Jr (Georgia)

Howell, Alphonso Avery IV (Georgia)

Moyle, Marie (Florida)

Neely, Edgar A IV (Georgia)

Statkus, Shannon Heath (Georgia)

Stuart, Jonathan J (Georgia)

Talley, Gregory T (Georgia)

Walker, James Joseph (District of Columbia)

Other Attorney(s)

Banker, Michelle (District of Columbia)

Funt, Eric B (Georgia)

Greenamyre, Zack (Georgia)

Li, Hillary (Georgia)

Nguyen, Phi U. (Georgia)

Selden, Shannon Rose (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

June 8, 2021 Docket

Re: Lack of Medical Care, Unsafe Work Practices, and Absence of Adequate Protection Against COVID-19 for Detained Immigrants and Employees Alike at the Irwin County Detention Center

No Court

Sept. 14, 2020 Complaint
54

Consolidated Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Declaratory and Injunctive Relief and for Damages

Dec. 21, 2020 Complaint
56-1

Memorandum of Law in Support of Emergency Motion for Temporary Restraining Order and Petition for Writs of Habeas Corpus Ad Testificandum

Dec. 21, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Oldaker v. Giles

National Immigration Project of the National Lawyers Guild

On December 21, 2020, NIPNLG and its partners filed litigation on behalf of fourteen women who suffered medical abuse at the Irwin County Detention Center in Georgia. More than 40 women filed sworn t… Jan. 22, 2021 https://nipnlg.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18616268/oldaker-v-giles/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

PETITION FOR WRIT OF HABEAS CORPUSagainst WILLIAM BARR, THOMAS P GILES, CHAD WOLF Fee paid: Receipt # AGAMDC-3619095, $5 filed by Yanira Yesenia Oldaker (Attachments: # 1 Civil Cover Sheet Civil Cover Filing Sheet)(Dreyer, David) (Entered: 11/09/2020)

Nov. 9, 2020 PACER
2

EMERGENCY MOTION for Temporary Restraining Order by Yanira Yesenia Oldaker filed by David N. Dreyer. (Attachments: # 1 Exhibit Exhibits 1-5, # 2 Proposed Order Proposed Order, # 3 Affidavit Declaration of David N. Dreyer). Motion(s) referred to STEPHEN HYLES.(Dreyer, David) (Entered: 11/09/2020)

Nov. 9, 2020 PACER
3

ORDER for Respondent to File Responsive Pleading re: 1 Petition for Writ of Habeas Corpus, filed by Yanira Yesenia Oldaker. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 11-9-20. (jdl) (Entered: 11/09/2020)

Nov. 9, 2020 RECAP
4

This is a text only entry; no document issued.CASE TRANSFERRED TO Valdosta Pursuant to Local Rule 3.4 Statement. Ordered on 11/9/2020. (bcl) (Entered: 11/09/2020)

Nov. 9, 2020 PACER

US DISTRICT JUDGE W LOUIS SANDS added. US DISTRICT JUDGE LESLIE ABRAMS GARDNER no longer assigned to case. (sbd)

Nov. 9, 2020 PACER
5

ORDER for Respondent to File Responsive Pleading re: 1 Petition for Writ of Habeas Corpus, filed by Yanira Yesenia Oldaker. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 11-9-20. (jdl) (Entered: 11/09/2020)

Nov. 9, 2020 RECAP
6

ORDER REFERRING CASE to Magistrate Judge issued at the direction of the Court. (sbd) (Entered: 11/09/2020)

Nov. 9, 2020 RECAP

Notice of Deficiency (related document(s): 1 Petition for Writ of Habeas Corpus, filed by YANIRA YESENIA OLDAKER ); Other - the Petition has no signature page. Please refile petition to include missing page(s).(sbd)

Nov. 9, 2020 PACER

NOTICE TO COUNSEL ELORA MUKHERJEE - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled.(sbd)

Nov. 9, 2020 PACER

Notice of Deficiency (related document(s): 1 Petition for Writ of Habeas Corpus, filed by YANIRA YESENIA OLDAKER ); Parties were added using punctuation AND/OR title capitalization. The case opening guide states ***REMINDER*** all parties must be added using ALL CAPS (ie LISA SMITH or DELTA AIRLINES). Do not use ANY punctuation when adding new parties. For instructions on adding parties, please refer to the Style Guide located on the website for the Middle District of Georgia. NO NEED TO REFILE.(sbd)

Nov. 9, 2020 PACER
7

ORDER SETTING HEARING: re 2 MOTION for Temporary Restraining Order filed by YANIRA YESENIA OLDAKER. Hearing set for 11/10/2020 03:00 PM in Albany before US DISTRICT JUDGE W LOUIS SANDS. Response to motion to be filed no later than 11/12/2020. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/9/2020. (sbd) (Entered: 11/09/2020)

Nov. 9, 2020 RECAP
8

AMENDED 1 Petition for Writ of Habeas Corpus, against YANIRA YESENIA OLDAKER by YANIRA YESENIA OLDAKER (Dreyer, David) (Entered: 11/09/2020)

Nov. 9, 2020 PACER

Order of Transfer/Local Rule 3.4 Statement

Nov. 9, 2020 PACER
9

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by YANIRA YESENIA OLDAKER Attorney Admission Fee (Pro Hac Vice) paid by Receipt # BGAMDC-3620929, $100. LOCAL COUNSEL Name and Georgia Bar #: David Dreyer - Georgia Bar No. 141322. (Attachments: # 1 Certificate of Good Standing 2020-11-10 Certificate of Good Standing - Michael T. Sterling)(STERLING, MICHAEL) (Entered: 11/10/2020)

Nov. 10, 2020 PACER
10

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by MICHAEL TODD STERLING (nop) (Entered: 11/10/2020)

Nov. 10, 2020 PACER
11

NOTICE of Attorney Appearance by JASON W BLANCHARD on behalf of US IMMIGRATION AND CUSTOMS ENFORCEMENT Attorney JASON W BLANCHARD added to party US IMMIGRATION AND CUSTOMS ENFORCEMENT(pty:res)(BLANCHARD, JASON) (Entered: 11/10/2020)

Nov. 10, 2020 PACER

Notice of Deficiency (related document(s): 2 Motion for TRO, filed by YANIRA YESENIA OLDAKER ); For future reference, documents must be filed to include a description of exhibit(s). Do not refile.(bcl)

Nov. 10, 2020 PACER
12

NOTICE of Attorney Appearance by MICHAEL TODD STERLING on behalf of YANIRA YESENIA OLDAKER (STERLING, MICHAEL) (Entered: 11/10/2020)

Nov. 10, 2020 PACER

Notice of Deficiency (related document(s): 11 Notice of Attorney Appearance filed by US IMMIGRATION AND CUSTOMS ENFORCEMENT ); The signature block does not include the e-mail address of filer as required by page 7 of the CM/ECF procedures manual. NO NEED TO REFILE- for future reference only that the filer's e-mail address must be included in the signature block.(ggs)

Nov. 10, 2020 PACER

Evidentiary Hearing set for 11/13/2020 10:00 AM in Albany before US DISTRICT JUDGE W LOUIS SANDS. NOTICE OF RESETTING hearing. Hearing will occur IN-PERSON. Pursuant to M.D.Ga. Standing Order 2020-09, persons who are ill may not enter the courthouse, and masks must be worn in all public spaces in the courthouse. This Court will also enforce social distancing in the courtroom, meaning that all persons must maintain at least six feet of distance from all other persons with whom they are not associated. Masks must be worn at all times in the courtroom. Counsel shall coordinate any witnesses in advance with the Court and shall inform such witnesses of the foregoing requirements.PUBLIC ACCESS, MEDIA, AND OTHER INTERESTED PARTIES CAN LISTEN TO THE HEARING BY DIALING 1-888-363-4735 AND ENTERING 5979252 AT THE TIME OF THE HEARING (gda)

Nov. 10, 2020 PACER
13

CONSENT MOTION for Extension of Time to File REVISE SCHEDULING ORDER. by YANIRA YESENIA OLDAKER filed by David N. Dreyer.. Motion(s) referred to STEPHEN HYLES.(Dreyer, David) (Entered: 11/12/2020)

Nov. 12, 2020 PACER
14

RETURN RESPONSE re 1 Petition for Writ of Habeas Corpus, filed by WILLIAM BARR, KENNETH T CUCCINELLI, THOMAS P GILES, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD WOLF (BLANCHARD, JASON) (Entered: 11/12/2020)

Nov. 12, 2020 PACER
15

NOTICE of Attorney Appearance by SHANNON HEATH STATKUS on behalf of WILLIAM BARR, KENNETH T CUCCINELLI, THOMAS P GILES, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD WOLF Attorney SHANNON HEATH STATKUS added to party WILLIAM BARR(pty:res), Attorney SHANNON HEATH STATKUS added to party KENNETH T CUCCINELLI(pty:res), Attorney SHANNON HEATH STATKUS added to party THOMAS P GILES(pty:res), Attorney SHANNON HEATH STATKUS added to party US DEPARTMENT OF HOMELAND SECURITY(pty:res), Attorney SHANNON HEATH STATKUS added to party US DEPARTMENT OF JUSTICE(pty:res), Attorney SHANNON HEATH STATKUS added to party US IMMIGRATION AND CUSTOMS ENFORCEMENT(pty:res), Attorney SHANNON HEATH STATKUS added to party CHAD WOLF(pty:res)(STATKUS, SHANNON) (Entered: 11/12/2020)

Nov. 12, 2020 PACER
16

ORDER granting 13 Consent Motion to Revise Scheduling Order. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/12/2020 (rlw) (Entered: 11/12/2020)

Nov. 12, 2020 PACER

Evidentiary Hearing set for 12/2/2020 10:00 AM in Albany before US DISTRICT JUDGE W LOUIS SANDS. NOTICE OF RESETTING hearing. Hearing will occur IN-PERSON. Pursuant to M.D.Ga. Standing Order 2020-09, persons who are ill may not enter the courthouse, and masks must be worn in all public spaces in the courthouse. This Court will also enforce social distancing in the courtroom, meaning that all persons must maintain at least six feet of distance from all other persons with whom they are not associated. Masks must be worn at all times in the courtroom. Counsel shall coordinate any witnesses in advance with the Court and shall inform such witnesses of the foregoing requirements.PUBLIC ACCESS, MEDIA, AND OTHER INTERESTED PARTIES CAN LISTEN TO THE HEARING BY DIALING 1-888-363-4735 AND ENTERING 5979252 AT THE TIME OF THE HEARING (gda)

Nov. 12, 2020 PACER
17

This is a text only entry; no document issued. ORDER. In their 14 Return Response, Respondents request an extension of time to file a comprehensive response to the Petition. This request is granted. Respondents shall have through and including November 24, 2020, to file a comprehensive response. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 11-12-20. (jdl) (Entered: 11/12/2020)

Nov. 12, 2020 PACER

Order

Nov. 12, 2020 PACER
18

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by YANIRA YESENIA OLDAKER Attorney Admission Fee (Pro Hac Vice) paid by Receipt # BGAMDC-3625421, $100. LOCAL COUNSEL Name and Georgia Bar #: David Dreyer, Esq., GA Bar No. 411322. (Attachments: # 1 Certificate of Good Standing from SDNY)(MUKHERJEE, ELORA) (Entered: 11/13/2020)

Nov. 13, 2020 PACER
19

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ELORA MUKHERJEE (nop) (Entered: 11/16/2020)

Nov. 16, 2020 PACER
20

MOTION for Emergency Temporary Restraining Order by ANA GABRIELA ADAN-CAJIGAL filed by TRACIE L KLINKE, SHEILA VELEZ MARTINEZ. Motion(s) referred to STEPHEN HYLES.(sbd) (Entered: 11/19/2020)

Nov. 17, 2020 PACER
21

MOTION for Temporary Restraining Order by KEYNIN JACKELIN REYES RAMIREZ filed by MICHAEL TODD STERLING, David N. Dreyer, SARAH SHERMAN-STOKES. (Attachments: # 1 Memorandum of Law in Support of Petitioner's Motion for Emergency Temporary Restraining Order, # 2 Exh. 1 - Petitioner's Statement regarding nonconsensual medical procedures at Irwin County Detention Center, # 3 Exh. 2 - Petitioner's Honduran Birth Certificate and Passport, # 4 Exh. 3 - Petitioner's Form I-246, Application for a Stay of Removal with supporting documents, # 5 Exh. 4 - Letter to Chad Wolf, Acting Secretary of Department of Homeland Security from Representatives Pramila Jayapal, Jerrold Nadler, and Zoe Lofgren, # 6 Exh. 5 - Declaration of David Dreyer, Esq., # 7 Exh. 6 - Email Correspondence Notifying ICDC Officials of Petitioners intent to participate in litigation, # 8 Exh. 7 - Irwin County Detention Center Intake Health Assessments, # 9 Exh. 8 - Petitioner's Requests for gynecological care and records of sick calls, # 10 Exh. 9 - Record of Visit with Dr. Mahendra Amin, # 11 Exh. 10 - Petitioner's Requests for Dental Care and records of sick calls, # 12 Exh. 11 - Record of Dental Visit, # 13 Exh. 12 - Record of Oral Surgery, # 14 Proposed Order) Motion(s) referred to STEPHEN HYLES.(sbd) (Entered: 11/19/2020)

Nov. 17, 2020 PACER

NOTICE TO COUNSEL SARAH SHERMAN-STOKES - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled.(sbd)

Nov. 19, 2020 PACER
22

REFILED AT #23. STIPULATION Scheduling by ANA GABRIELA ADAN-CAJIGAL (KLINKE, TRACIE) Modified text on 11/19/2020 (sbd). (Entered: 11/19/2020)

Nov. 19, 2020 PACER
23

STIPULATED MOTION to Continue by ANA GABRIELA ADAN-CAJIGAL filed by TRACIE L KLINKE.. Motion(s) referred to STEPHEN HYLES.(KLINKE, TRACIE) (Entered: 11/19/2020)

Nov. 19, 2020 PACER

Motion Hearing set for 11/20/2020 10:00 AM in Albany before US DISTRICT JUDGE W LOUIS SANDS. NOTICE OF SETTING HEARING ON MOTION 21 MOTION for Temporary Restraining Order by KEYNIN JACKELIN REYES RAMIREZ.Hearing will occur IN-PERSON.Pursuant to M.D.Ga. Standing Order 2020-09, persons who are ill may not enter the courthouse, and masks must be worn in all public spaces in the courthouse. This Court will also enforce social distancing in the courtroom, meaning that all persons must maintain at least six feet of distance from all other persons with whom they are not associated. Masks must be worn at all times in the courtroom. Counsel shall coordinate any witnesses in advance with the Court and shall inform such witnesses of the foregoing requirements.PUBLIC ACCESS, MEDIA, AND OTHER INTERESTED PARTIES CAN LISTEN TO THE HEARING BY DIALING 1-888-363-4735 AND ENTERING 5979252 AT THE TIME OF THE HEARING (gda)

Nov. 19, 2020 PACER

Notice to Counsel - MICHAEL T STERLING and SARAH SHERMAN-STOKES. Contact information in CM/ECF does not completely match the contact information on document ECF No. 21. Please immediately update contact information via PACER and please add a current e-mail address in PACER if not already entered. (tlp)

Nov. 19, 2020 PACER
24

AMENDED 1 Petition for Writ of Habeas Corpus, against YANIRA YESENIA OLDAKER by YANIRA YESENIA OLDAKER (MUKHERJEE, ELORA) (Entered: 11/19/2020)

Nov. 19, 2020 PACER
25

CONSENT MOTION for Extension of Time to File RESPONSE as to 21 MOTION for Temporary Restraining Order, 2 MOTION for Temporary Restraining Order, 20 MOTION for Temporary Restraining Order by WILLIAM BARR, KENNETH T CUCCINELLI, THOMAS P GILES, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD WOLF filed by JASON W BLANCHARD.. Motion(s) referred to STEPHEN HYLES.(BLANCHARD, JASON) (Entered: 11/19/2020)

Nov. 19, 2020 PACER
26

AFFIDAVIT in Support filed by YANIRA YESENIA OLDAKER re 2 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit Ex. A - Petitioner's Decl; Ex. B - Media Coverage; Ex. C - Medical Evaluation by Dr. Mueller; Ex. D- Mental Health Evaluation by Dr. McQuaid; Ex. E - Testimony of Dr. Anderson; Ex. F - Testimony of Dr. Brown; Ex. G - Congressional Letter; Ex. H - Congressional Committee Letters; Ex. I - Stay Application; Ex. J - Additional Stay Applications; Ex. K - Video Footage)(MUKHERJEE, ELORA) (Entered: 11/19/2020)

Nov. 19, 2020 PACER
27

ORDER re 23 MOTION to Continue filed by ANA GABRIELA ADAN-CAJIGAL. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/19/2020. (sbd) (Entered: 11/19/2020)

Nov. 19, 2020 RECAP

Motion Hearing set for 12/2/2020 10:00 AM in Albany before US DISTRICT JUDGE W LOUIS SANDS. NOTICE OF SETTING HEARING ON MOTION re 20 MOTION for Temporary Restraining Order by ANA GABNRIELA ADAN-CAJIGAL. Hearing will occur IN-PERSON.Pursuant to M.D.Ga. Standing Order 2020-09, persons who are ill may not enter the courthouse, and masks must be worn in all public spaces in the courthouse. This Court will also enforce social distancing in the courtroom, meaning that all persons must maintain at least six feet of distance from all other persons with whom they are not associated. Masks must be worn at all times in the courtroom. Counsel shall coordinate any witnesses in advance with the Court and shall inform such witnesses of the foregoing requirements. PUBLIC ACCESS, MEDIA, AND OTHER INTERESTED PARTIES CAN LISTEN TO THE HEARING BY DIALING 1-888-363-4735 AND ENTERING 5979252 AT THE TIME OF THE HEARING (gda)

Nov. 19, 2020 PACER
28

ORDER granting 25 Motion for Extension of Time to File RESPONSE re 2 MOTION for Temporary Restraining Order, 21 MOTION for Temporary Restraining Order. The Defendants may file a detailed Response to the Petition for Writ of Habeas Corpus or an Amended Petition for Writ of Habeas Corpus on or before November 25, 2020. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/19/2020. (sbd) (Entered: 11/19/2020)

Nov. 19, 2020 RECAP

Motion Hearing set for 12/2/2020 10:00 AM in Albany before US DISTRICT JUDGE W LOUIS SANDS. NOTICE OF RESETTING HEARING ON MOTION re 21 MOTION for Temporary Restraining Order by KEYNIN JACKELIN REYES RAMIREZ. Hearing will occur IN-PERSON. Pursuant to M.D.Ga. Standing Order 2020-09, persons who are ill may not enter the courthouse, and masks must be worn in all public spaces in the courthouse. This Court will also enforce social distancing in the courtroom, meaning that all persons must maintain at least six feet of distance from all other persons with whom they are not associated. Masks must be worn at all times in the courtroom. Counsel shall coordinate any witnesses in advance with the Court and shall inform such witnesses of the foregoing requirements.PUBLIC ACCESS, MEDIA, AND OTHER INTERESTED PARTIES CAN LISTEN TO THE HEARING BY DIALING 1-888-363-4735 AND ENTERING 5979252 AT THE TIME OF THE HEARING (gda)

Nov. 19, 2020 PACER
29

MOTION to Seal Document(s) 2 MOTION for Temporary Restraining Order by YANIRA YESENIA OLDAKER filed by ELORA MUKHERJEE. (Attachments: # 1 Memorandum in Support of Motion to Seal and/or Proceed with Pseudonym, # 2 Proposed Order). Motion(s) referred to STEPHEN HYLES.(MUKHERJEE, ELORA) (Entered: 11/19/2020)

Nov. 19, 2020 PACER
30

CERTIFICATE OF SERVICE by YANIRA YESENIA OLDAKER re 24 Amended Complaint/Petition (MUKHERJEE, ELORA) (Entered: 11/19/2020)

Nov. 19, 2020 PACER

Notice of Deficiency (related documents: 24 Amended Complaint/Petition filed by YANIRA YESENIA OLDAKER, 30 Certificate of Service filed by YANIRA YESENIA OLDAKER); Other The attorney who signed pleading /S/ should be the same attorney whose CM/ECF account was used to file pleading. A Certificate of Service is only required to be filed when a document is served by means other than the court's electronic filing system. (esl)

Nov. 20, 2020 PACER
31

MOTION for Leave to File Excess Pages for Petitioner's Motions for TRO by WILLIAM BARR, KENNETH T CUCCINELLI, THOMAS P GILES, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD WOLF filed by JASON W BLANCHARD.. Motion(s) referred to STEPHEN HYLES.(BLANCHARD, JASON) (Entered: 11/20/2020)

Nov. 20, 2020 PACER
32

AMENDED 1 Petition for Writ of Habeas Corpus, against WILLIAM BARR, KENNETH T CUCCINELLI, THOMAS P GILES, UNITED STATES OF AMERICA (NOTICE), US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD WOLF by YANIRA YESENIA OLDAKER (MUKHERJEE, ELORA) (Entered: 11/20/2020)

Nov. 20, 2020 PACER
33

AMENDED 1 Petition for Writ of Habeas Corpus, against WILLIAM BARR, KENNETH T CUCCINELLI, THOMAS P GILES, UNITED STATES OF AMERICA (NOTICE), US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD WOLF by KEYNIN JACKELIN REYES RAMIREZ (Dreyer, David) (Entered: 11/22/2020)

Nov. 22, 2020 PACER
34

EMERGENCY MOTION for Temporary Restraining Order by KEYNIN JACKELIN REYES RAMIREZ filed by David N. Dreyer. (Attachments: # 1 Exhibit Memorandum in Support, # 2 Exhibit Exhibit 1-Shields Affidavit, # 3 Exhibit Exhibit 2 - Declaration and CV of Geoffery Schnider, MD, # 4 Exhibit Exhibit 3 - I-246 Grant of Stay of Removal, # 5 Exhibit Exhibit 4 - Irwin County Detention Center Intake Health Assessments, # 6 Exhibit Exhibit 5 - Declaration of David Dreyer, Esq_, # 7 Envelope Exhibit 6 - Record of Visit with Dr. Amin, # 8 Exhibit Exhibit 7 - Petitioner's Requests for Dental Care and Records of Sick Calls, # 9 Exhibit Exhibit 8 - Record of Dental Visit, # 10 Exhibit Exhibit 9 - Record of Oral Surgery, # 11 Exhibit Exhibit 10 - Email Correspondence Notifying ICDC Officials of Petitioners Intent to Participate in Litigation, # 12 Exhibit Exhibit 10 - Whistleblower Report, # 13 Exhibit Exhibit 11 - Record of Dental Visit, # 14 Exhibit Exhibit 12 - Record of Oral Surgery, # 15 Exhibit Exhibit 13 - Media Reports Calling for Investigation into ICDC, # 16 Exhibit Exhibit 14 - ICE Attempts to Deport Multiple Witnesses, # 17 Exhibit Exhibit 15 - Media Reports About ICDC Quoting Petitioner, # 18 Exhibit Exhibit 16 - Summary of Medical Abuses, # 19 Exhibit Exhibit 17 - Declaration of Petitioner Regarding Nonconsensual Medical Procedures and Retaliation from ICE, # 20 Exhibit Exhibit 18 - Letter to Chad Wolf, # 21 Exhibit Exhibit 19 - House Oversight Committee Letter, # 22 Exhibit Exhibit 20 - Bicameral Letter, # 23 Exhibit Exhibit 21 - Petitioner's Honduran Birth Certificate and Passport). Motion(s) referred to STEPHEN HYLES.(Dreyer, David) (Entered: 11/23/2020)

Nov. 22, 2020 PACER
35

ORDER granting 31 Motion for Leave to File Consolidated Brief in Response to Petitioner's Motion for TRO in Excess of Twenty Pages. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/23/2020. (rlw) (Entered: 11/23/2020)

Nov. 23, 2020 RECAP
36

MOTION for Leave to File Excess Pages for Reply Brief by YANIRA YESENIA OLDAKER filed by ELORA MUKHERJEE.. Motion(s) referred to STEPHEN HYLES.(MUKHERJEE, ELORA) (Entered: 11/23/2020)

Nov. 23, 2020 PACER
37

MOTION for Permission for Medical and Mental Health Experts to Appear by Videoconference on December 2, 2020 re 2 MOTION for Temporary Restraining Order by YANIRA YESENIA OLDAKER filed by ELORA MUKHERJEE.. Motion(s) referred to STEPHEN HYLES.(MUKHERJEE, ELORA) Modified text on 11/24/2020 (rlw). (Entered: 11/23/2020)

Nov. 23, 2020 PACER
38

PETITION FOR WRIT OF HABEAS CORPUSagainst WILLIAM BARR, KENNETH T CUCCINELLI, THOMAS P GILES, UNITED STATES OF AMERICA (NOTICE), US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD WOLF Fee paid: Receipt # AGAMDC-3635003, $5 filed by NDONGA MBETI (Attachments: # 1 Civil Cover Sheet Mbeti Ndonga Civil Cover Sheet)(Dreyer, David) (Entered: 11/23/2020)

Nov. 23, 2020 PACER
39

CONSENT MOTION for Extension of Time to File Revised Scheduling Order. by YANIRA YESENIA OLDAKER filed by ELORA MUKHERJEE.. Motion(s) referred to STEPHEN HYLES.(MUKHERJEE, ELORA) (Entered: 11/24/2020)

Nov. 24, 2020 PACER

Notice of Deficiency (related document(s): 37 Motion for Hearing filed by YANIRA YESENIA OLDAKER ); Wrong event used - No need to refile. Docket entry has been corrected by case administrator. The correct event is Motion - Miscellaneous Relief. (rlw)

Nov. 24, 2020 PACER
40

ORDER granting 29 Petitioner's Motion to seal and file under pseudonym, only and until further order of the Court. The Clerk's Office is DIRECTED to docket the declarations under seal, to be accessible to the Court and the named Parties and their counsel only. Counsel shall not disclose the declarations to persons not named as a Party in this case or not working on this case. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/24/2020. (rlw) (Entered: 11/24/2020)

Nov. 24, 2020 PACER
41

SEALED DOCUMENT - DECLARATIONS. (rlw) (Entered: 11/24/2020)

Nov. 24, 2020 PACER
42

ORDER granting 37 Motion for Permission for Medical and Mental Health Experts to Appear by Videoconference on December 2, 2020. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/24/2020. (rlw) (Entered: 11/24/2020)

Nov. 24, 2020 PACER
43

ORDER granting 36 Motion for Leave to File Excess Pages. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/24/2020. (rlw) (Entered: 11/25/2020)

Nov. 25, 2020 PACER
44

EMERGENCY MOTION EMERGENCY MOTION TO GRANT REVISED SCHEDULING ORDER AS AGREED TO BY THE PARTIES re 39 MOTION for Extension of Time to File Revised Scheduling Order. by YANIRA YESENIA OLDAKER filed by ELORA MUKHERJEE. (Attachments: # 1 Exhibit Ex. A, email exchanges among counsel for parties dated 11/20/2020 to 11/24/2020; Ex. B, email from Respondents' counsel dated 11/25; Ex. C, email exchanges among counsel for parties dated 11/25/2020, # 2 Proposed Order). Motion(s) referred to STEPHEN HYLES.(MUKHERJEE, ELORA) (Entered: 11/25/2020)

Nov. 25, 2020 PACER
45

ORDER granting 44 Motion to Grant Revised Consent Order as Agreed to by the Parties. The previously-signed consent motion will be granted by separate order. All Parties to the consent motion SHALL comply with the terms of the consent motion, including the stipulation not to deport petitioners pending the Court's resolution of the TRO motions, unless and until a withdrawal of or revision to the consent motion is formally requested and approved by the Court. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/25/2020. (rlw) (Entered: 11/25/2020)

Nov. 25, 2020 RECAP
46

ORDER granting 39 Consent Motion to Revise Scheduling Order. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 11/24/2020. (rlw) (Entered: 11/25/2020)

Nov. 25, 2020 RECAP

Evidentiary Hearing set for 2/3/2021 10:00 AM in Albany before US DISTRICT JUDGE W LOUIS SANDS. NOTICE OF RESETTING hearing. Hearing will occur IN-PERSON. Pursuant to M.D.Ga. Standing Order 2020-09, persons who are ill may not enter the courthouse, and masks must be worn in all public spaces in the courthouse. This Court will also enforce social distancing in the courtroom, meaning that all persons must maintain at least six feet of distance from all other persons with whom they are not associated. Masks must be worn at all times in the courtroom. Counsel shall coordinate any witnesses in advance with the Court and shall inform such witnesses of the foregoing requirements.PUBLIC ACCESS, MEDIA, AND OTHER INTERESTED PARTIES CAN LISTEN TO THE HEARING BY DIALING 1-888-363-4735 AND ENTERING 5979252 AT THE TIME OF THE HEARING (gda)

Nov. 30, 2020 PACER

SECOND NOTICE TO COUNSEL SARAH SHERMAN-STOKES - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled.(ggs)

Dec. 3, 2020 PACER

NOTICE TO COUNSEL SHEILA VELEZ MARTINEZ - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled.(ggs)

Dec. 3, 2020 PACER

Notice of Deficiency (related document(s): Notice to Attorney SHEILA VELEZ MARTINEZ Re: Admissions Requirement, ); Case Administrator Deficiency. Pro Hac Vice admission not is not required for this case due to consolidation with Case No. 7:20-cv-237 where Pro Hac Vice admission was accepted. (ggs)

Dec. 7, 2020 PACER
47

MOTION for Reconsideration re 46 Order on Motion for Extension of Time (Misc) by WILLIAM BARR, KENNETH T CUCCINELLI, THOMAS P GILES, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD WOLF filed by SHANNON HEATH STATKUS. (Attachments: # 1 Exhibit 1 - Notification of Court, # 2 Exhibit 2 - Proposed Amended Scheduling Order)(STATKUS, SHANNON) (Entered: 12/09/2020)

Dec. 9, 2020 PACER
48

AMENDED MOTION Amending 47 MOTION for Reconsideration re 46 Order on Motion for Extension of Time (Misc) by WILLIAM BARR, KENNETH T CUCCINELLI, THOMAS P GILES, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD WOLF filed by JASON W BLANCHARD. (Attachments: # 1 Exhibit 1 - Notification of Court, # 2 Exhibit 2 - Amended Consent Motion to Revise Scheduling Order)(BLANCHARD, JASON) (Entered: 12/10/2020)

Dec. 10, 2020 PACER
49

ORDER that Petitioners are to respond to the Motion for Reconsideration 47 and Amended Motion 48 no later than Thursday, December 17, 2020. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 12/10/2020. (rlw) (Entered: 12/10/2020)

Dec. 10, 2020 RECAP
50

RESPONSE filed by ANA GABRIELA ADAN-CAJIGAL, NDONGA MBETI, YANIRA YESENIA OLDAKER, KEYNIN JACKELIN REYES RAMIREZ re 47 MOTION for Reconsideration re 46 Order on Motion for Extension of Time (Misc), 48 AMENDED MOTION Amending 47 MOTION for Reconsideration re 46 Order on Motion for Extension of Time (Misc) (Dreyer, David) (Entered: 12/17/2020)

Dec. 17, 2020 PACER
51

NOTICE Status Update by WILLIAM BARR, KENNETH T CUCCINELLI, THOMAS P GILES, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD WOLF (Attachments: # 1 Exhibit 1 - Declaration of Patrick Musante)(BLANCHARD, JASON) (Entered: 12/18/2020)

Dec. 18, 2020 PACER
52

MOTION for Leave to File Excess Pages by ANA GABRIELA ADAN-CAJIGAL, NDONGA MBETI, YANIRA YESENIA OLDAKER, KEYNIN JACKELIN REYES RAMIREZ filed by David N. Dreyer. (Attachments: # 1 Memorandum in Support Memorandum of Law). Motion(s) referred to STEPHEN HYLES.(Dreyer, David) (Entered: 12/19/2020)

Dec. 19, 2020 PACER
53

This is a text only entry; no document issued. ORDER granting 52 Motion for Leave to File Excess Pages. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 12-21-20 (jdl) (Entered: 12/21/2020)

Dec. 21, 2020 PACER
54

AMENDED 1 Petition for Writ of Habeas Corpus, against WILLIAM BARR, THOMAS P GILES, UNITED STATES OF AMERICA (NOTICE), US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD WOLF, Jane Doe #5, Jaromy Jazmin Floriano Navarro, Jane Doe #6, Lourdes Terrazas Silas, Jane Doe #8, Doe Jane, Tatyana Alekseyevna Soldokova, Jane Doe #22, Luz Adriana Walker, Jane Doe #15, TONY PHAM, Patrick Musante, Cesar Ciprian, Ana Rivera, Irwin County Detention Center, LaSalle Southeast, LLC, Hospital Authority of Irwin County, David Paulk, Mahendra Amin, Marteka George, Mia Mines, William Rabiou, FNU Hughes, FNU Smith, FNU Coney, FNU Hanes, FNU Faison, FNU Battle, FNU Vaughn, FNU Scott, FNU Slack, Unnamed ICE Officials ##1-X, Unnamed ICDC Officers ##1-X by KEYNIN JACKELIN REYES RAMIREZ, NDONGA MBETI, YANIRA YESENIA OLDAKER, ANA GABRIELA ADAN-CAJIGAL, Jane Doe #5, Jaromy Jazmin Floriano Navarro, Jane Doe #6, Lourdes Terrazas Silas, Jane Doe #8, Doe Jane, Tatyana Alekseyevna Soldokova, Jane Doe #22, Luz Adriana Walker, Jane Doe #15 (Dreyer, David) (Entered: 12/21/2020)

Dec. 21, 2020 PACER
55

MOTION to Seal Document(s) by ANA GABRIELA ADAN-CAJIGAL, Jane Doe #15, Jane Doe #22, Jane Doe #5, Jane Doe #6, Jane Doe #8, Jaromy Jazmin Floriano Navarro, NDONGA MBETI, YANIRA YESENIA OLDAKER, KEYNIN JACKELIN REYES RAMIREZ, Lourdes Terrazas Silas, Tatyana Alekseyevna Soldokova, Luz Adriana Walker filed by David N. Dreyer. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of Motion to Seal Documents, # 2 Proposed Order Proposed Order to Motion to Seal Documents). Motion(s) referred to STEPHEN HYLES.(Dreyer, David) (Entered: 12/21/2020)

Dec. 21, 2020 PACER
56

EMERGENCY MOTION for Temporary Restraining Order by ANA GABRIELA ADAN-CAJIGAL, Jane Doe #15, Jane Doe #22, Jane Doe #5, Jane Doe #6, Jane Doe #8, Jaromy Jazmin Floriano Navarro, NDONGA MBETI, YANIRA YESENIA OLDAKER, KEYNIN JACKELIN REYES RAMIREZ, Lourdes Terrazas Silas, Tatyana Alekseyevna Soldokova, Luz Adriana Walker filed by David N. Dreyer. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of Emergency Motion for Temporary Restraining Order, # 2 Affidavit Declaration of Elora Mukherjee, # 3 Exhibit Exhibit A--Congressional Letters, # 4 Exhibit Exhibit B--Executive Summary by Independent Medical Review Team, # 5 Exhibit Exhibit C--Expert Medical Testimony Submitted to Congress, # 6 Exhibit Exhibit D--Congressional Letters and Subpoenas Against Respondents, # 7 Exhibit Exhibit E--Video of ICDC Women's Fears of COVID and Retaliation, # 8 Exhibit Exhibit F--To Be Filed Under Seal, # 9 Exhibit Exhibit G-1--Declaration and Supplemental Declaration of Yanira Yesenia Oldaker, # 10 Exhibit Exhibit G-2--Declarations of Mbeti Ndonga, # 11 Exhibit Exhibit G-3--Declaration and Supplemental Declaration of Jaromy Jazmin Floriano Navarro, # 12 Exhibit Exhibit H--To Be Filed Under Seal, # 13 Exhibit Exhibit I-1--Declaration of Charity Miyato, # 14 Exhibit Exhibit I-2--Declaration of Alma Bella Bowman, # 15 Exhibit Exhibit I-3--Declaration of Wendy Dowe, # 16 Exhibit Exhibit I-4--Declaration of Vanessa Vaqiz Mendoza, # 17 Exhibit Exhibit I-5--Declarations of Doreen Alexander Durity; Declaration of Maura Finn, Esq, # 18 Exhibit Exhibit I-6--Declaration of Angela Rojas Fanas, # 19 Exhibit Exhibit I-7--Declaration of Jane Doe #34, # 20 Exhibit Exhibit I-8--Declaration of Jenel Lee Haug, # 21 Exhibit Exhibit I-9--Declaration of Andrea Manrique Yaruro; Declaration of Monica Glicken, Esq., # 22 Exhibit Exhibit J-1 to 19--To Be Filed Under Seal, # 23 Exhibit Exhibit K--To Be Filed Under Seal, # 24 Exhibit Exhibit L-1 to 12--To Be Filed Under Seal, # 25 Exhibit Exhibit M-1 to 5--To Be Filed Under Seal, # 26 Exhibit Exhibit N--Press Coverage of Petitioners' and Witnesses' Experiences at ICDC, # 27 Exhibit Exhibit O--Declaration of Dr. Margaret Mueller, M.D., # 28 Exhibit Exhibit P--Declaration of Maura Finn, Esq., re: Medical Grievances Filed by Petitioners and Witnesses, # 29 Proposed Order Proposed Order Granting Motion for TRO). Motion(s) referred to STEPHEN HYLES.(Dreyer, David) (Entered: 12/21/2020)

Dec. 21, 2020 PACER
57

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by ANA GABRIELA ADAN-CAJIGAL, Jane Doe #15, Jane Doe #22, Jane Doe #5, Jane Doe #6, Jane Doe #8, Jaromy Jazmin Floriano Navarro, NDONGA MBETI, YANIRA YESENIA OLDAKER, KEYNIN JACKELIN REYES RAMIREZ, Lourdes Terrazas Silas, Tatyana Alekseyevna Soldokova, Luz Adriana Walker Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3661784, $100. LOCAL COUNSEL Name and Georgia Bar #: David Dreyer, GA Bar No. 411322. (Attachments: # 1 Certificate of Good Standing Certificate of good standing)(SHEBAYA, SIRINE) (Entered: 12/21/2020)

Dec. 21, 2020 PACER

Order on Motion for Leave to File Excess Pages

Dec. 21, 2020 PACER

Notice of Deficiency (related document(s): 54 Amended Complaint/Petition,,,, filed by JANE DOE 8, JANE DOE 5, JANE DOE 22, JANE DOE 6, NDONGA MBETI, YANIRA YESENIA OLDAKER, JAROMY JAZMIN FLORIANO NAVARRO, ANA GABRIELA ADAN-CAJIGAL, LUZ ADRIANA WALKER, TATYANA ALEKSEYEVNA SOLDOKOVA, JANE DOE 15, KEYNIN JACKELIN REYES RAMIREZ, LOURDES TERRAZAS SILAS ); Parties were added using punctuation AND/OR title capitalization. The case opening guide states ***REMINDER*** all parties must be added using ALL CAPS (ie LISA SMITH or DELTA AIRLINES). Do not use ANY punctuation when adding new parties. For instructions on adding parties, please refer to the Style Guide located on the website for the Middle District of Georgia. NO NEED TO REFILE.(rlw)

Dec. 22, 2020 PACER
58

This is a text only entry; no document issued. ORDER for Response to 55 MOTION to Seal Document(s). Respondents shall have through and including December 31, 2020, to file their response. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 12-22-20. (jdl) (Entered: 12/22/2020)

Dec. 22, 2020 PACER
59

EMERGENCY EX PARTE MOTION, MOTION to Seal Document(s) 56 MOTION for Temporary Restraining Order by JANE DOE 6, YANIRA YESENIA OLDAKER, LOURDES TERRAZAS SILAS, ANA GABRIELA ADAN-CAJIGAL, JAROMY JAZMIN FLORIANO NAVARRO, JANE DOE 22, TATYANA ALEKSEYEVNA SOLDOKOVA, KEYNIN JACKELIN REYES RAMIREZ, NDONGA MBETI, LUZ ADRIANA WALKER, JANE DOE 15, JANE DOE 5, JANE DOE 8 filed by David N. Dreyer. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of Motion to Seal Documents, # 2 Proposed Order Proposed Order on Motion to Seal Documents, # 3 Exhibit Exhibit F--To Be Filed Under Seal--Identifying Information for Petitioners-Plaintiffs and Witnesses, # 4 Exhibit Exhibit H-1 to H-10--To Be Filed Under Seal--Declarations of Petitioners-Plaintiffs Regarding Retaliation and Abuse, # 5 Exhibit Exhibit J-1 to J-16--To Be Filed Under Seal--Declarations of Witnesses Regarding Retaliation and Abuse, # 6 Exhibit Exhibit J-17 to J-19--To Be Filed Under Seal--Declarations of Witnesses Regarding Retaliation and Abuse, # 7 Exhibit Exhibit K--To Be Filed Under Seal--Sensitive Emails to Federal Investigators, # 8 Exhibit Exhibit L-1 to L-3--To Be Filed Under Seal--Expert Declarations Regarding Harm to Oldaker, Ndonga, Doe #5, # 9 Exhibit Exhibit L-4 to L-6--To Be Filed Under Seal--Expert Declarations Regarding Harm to Reyes Ramirez, Solodkova, Walker, # 10 Exhibit Exhibit L-7 to L-9--To Be Filed Under Seal--Expert Declarations Regarding Harm to Doe #15, Doe #8, Terrazas Silas, # 11 Exhibit Exhibit L-10 to L-12--To Be Filed Under Seal--Expert Declarations Regarding Harm to Doe #6, Doe #22, Cajigal, # 12 Exhibit Exhibit M-1 to M-2--To Be Filed Under Seal--Expert Declarations Regarding Harm to Miyato, Doe #26, # 13 Exhibit Exhibit M-3 to M-5--To Be Filed Under Seal--Expert Declarations Regarding Harm to Doe #24, Doe #31, Doe #25). Motion(s) referred to STEPHEN HYLES.(Dreyer, David) (Entered: 12/22/2020)

Dec. 22, 2020 PACER
60

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by All Plaintiffs Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3663136, $100. LOCAL COUNSEL Name and Georgia Bar #: David N. Dreyer, GA Bar No. 411322. (Attachments: # 1 Certificate of Good Standing)(MEYERS, JOSEPH) (Entered: 12/22/2020)

Dec. 22, 2020 PACER
61

ORDER denying 48 Amended Motion to Reconsider, or in the Alternative, Withdraw from the Consent Scheduling Order Currently in Place and denying as moot 47 Motion for Reconsideration. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 2/22/2020 (rlw) (Entered: 12/22/2020)

Dec. 22, 2020 RECAP
62

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by ANA GABRIELA ADAN-CAJIGAL, JAROMY JAZMIN FLORIANO NAVARRO, JANE DOE 15, JANE DOE 22, JANE DOE 5, JANE DOE 6, JANE DOE 8, NDONGA MBETI, YANIRA YESENIA OLDAKER, KEYNIN JACKELIN REYES RAMIREZ, LOURDES TERRAZAS SILAS, TATYANA ALEKSEYEVNA SOLDOKOVA, LUZ ADRIANA WALKER Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3663316, $100. LOCAL COUNSEL Name and Georgia Bar #: David N. Dreyer (GA Bar No. 411322). (Attachments: # 1 Certificate of Good Standing)(QURESHI, AMBER) (Entered: 12/22/2020)

Dec. 22, 2020 PACER

Order for Response to Motion

Dec. 22, 2020 PACER
63

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by ANA GABRIELA ADAN-CAJIGAL, JAROMY JAZMIN FLORIANO NAVARRO, JANE DOE 15, JANE DOE 22, JANE DOE 5, JANE DOE 6, JANE DOE 8, NDONGA MBETI, YANIRA YESENIA OLDAKER, KEYNIN JACKELIN REYES RAMIREZ, LOURDES TERRAZAS SILAS, TATYANA ALEKSEYEVNA SOLDOKOVA, LUZ ADRIANA WALKER Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3663655, $100. LOCAL COUNSEL Name and Georgia Bar #: David Dreyer - Georgia Bar No. 141322. (Attachments: # 1 Certificate of Good Standing Certificate of Good Standing)(Dreyer, David) (Entered: 12/23/2020)

Dec. 23, 2020 PACER
64

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by SIRINE SHEBAYA (nop) (Entered: 12/23/2020)

Dec. 23, 2020 PACER
65

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by AMBER QURESHI (nop) (Entered: 12/23/2020)

Dec. 23, 2020 PACER
66

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by SABRINEH ARDALAN, JOSEPH MEYERS (Attachments: # 1 PHV Admission) (nop) (Entered: 12/28/2020)

Dec. 28, 2020 PACER

REMARK: Email this date sent to Sheila Velez Martinez and Sarah Sherman-Stokes regarding past due pro hac vice petitions. (nop)

Dec. 28, 2020 PACER
67

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by ANA GABRIELA ADAN-CAJIGAL, JAROMY JAZMIN FLORIANO NAVARRO, JANE DOE 15, JANE DOE 22, JANE DOE 5, JANE DOE 6, JANE DOE 8, NDONGA MBETI, YANIRA YESENIA OLDAKER, KEYNIN JACKELIN REYES RAMIREZ, LOURDES TERRAZAS SILAS, TATYANA ALEKSEYEVNA SOLDOKOVA, LUZ ADRIANA WALKER Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3665959, $100. LOCAL COUNSEL Name and Georgia Bar #: David N. Dreyer, GA Bar No. 411322. (Attachments: # 1 Certificate of Good Standing)(VOGEL, MATTHEW) (Entered: 12/28/2020)

Dec. 28, 2020 PACER
68

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by MATTHEW VOGEL (nop) (Entered: 12/28/2020)

Dec. 28, 2020 PACER
69

CONSENT MOTION for Extension of Time to File RESPONSE as to 55 MOTION to Seal Document(s) by MAHENDRA AMIN filed by SCOTT R GRUBMAN.. Motion(s) referred to STEPHEN HYLES.(GRUBMAN, SCOTT) (Entered: 12/29/2020)

Dec. 29, 2020 PACER
70

MOTION to Withdraw as Attorney by ANA GABRIELA ADAN-CAJIGAL filed by TRACIE L KLINKE.. Motion(s) referred to STEPHEN HYLES.(KLINKE, TRACIE) (Entered: 12/29/2020)

Dec. 29, 2020 PACER
71

This is a text only entry; no document issued. ORDER granting 69 Motion for Extension of Time to File RESPONSE to 55 MOTION to Seal Documents. Respondent Dr. Amin shall have through and including January 14, 2021, to file a response. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 12-29-20. (jdl) (Entered: 12/29/2020)

Dec. 29, 2020 PACER
72

This is a text only entry; no document issued. ORDER granting 70 Motion to Withdraw as Attorney. Attorney TRACIE L KLINKE and SHEILA VELEZ MARTINEZ terminated. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 12-29-20. (jdl) (Entered: 12/29/2020)

Dec. 29, 2020 PACER

Order on Motion for Extension of Time to File Response/Reply

Dec. 29, 2020 PACER

Order on Motion to Withdraw as Attorney

Dec. 29, 2020 PACER
73

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by SARAH SHERMAN-STOKES (nop) (Entered: 12/30/2020)

Dec. 30, 2020 PACER

State / Territory: Georgia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 9, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Named plaintiffs are women who were detained in ICE custody at Irwin County Detention Center in Ocilla Georgia who were allegedly subjected to, or ordered to be subjected to, non-consensual, medically unnecessary, and/or invasive gynecological procedures. The putative class consists of over 60 women who were allegedly subjected to similar medical abuse.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Immigration Project of the NLG

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Atlanta Field Office (Atlanta, Fulton), Federal

Immigration and Customs Enforcement (Washington D.C.), Federal

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

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

ICE Health Services Corps. (Washington D.C.), Federal

LaSalle Southeast, LLC (Ocilla, Irwin), Private Entity/Person

Irwin County Hospital (Ocilla, Irwin), Non-profit or advocacy

Irwin County Detention Center (Irwin), Private Entity/Person

Defendant Type(s):

Corrections

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

State law

42 U.S.C. § 1985

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Petitions clause

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None yet

Issues

General:

Access to lawyers or judicial system

Assault/abuse by staff

Bathing and hygiene

Conditions of confinement

Confidentiality

Confinement/isolation

Failure to supervise

Failure to train

Food service / nutrition / hydration

Grievance Procedures

Habeas Corpus

Informed consent/involuntary medication

Language access/needs

Law library access

Loss or damage to property

Mail

Pattern or Practice

Personal injury

Records Disclosure

Sex w/ staff; sexual harassment by staff

Solitary confinement/Supermax (conditions or process)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Medical/Mental Health:

Medical care, general

Medication, administration of

Reproductive health care (including birth control, abortion, and others)

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Detention - conditions

Undocumented immigrants - rights and duties