Case: Castañeda Juarez v. Asher

2:20-cv-00700 | U.S. District Court for the Western District of Washington

Filed Date: May 8, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a class action lawsuit in which people detained at the Northwest ICE Processing Center ("NWIPC"), which houses detainees of U.S. Immigration and Customs Enforcement ("ICE"), sought their release due to their risk of contracting COVID at this facility. More specifically, petitioners each suffered from underlying medical conditions that placed them at a greater risk of a severe illness or death should they contract COVID. The facility was operated by GEO, a private prison company. On May …

This is a class action lawsuit in which people detained at the Northwest ICE Processing Center ("NWIPC"), which houses detainees of U.S. Immigration and Customs Enforcement ("ICE"), sought their release due to their risk of contracting COVID at this facility. More specifically, petitioners each suffered from underlying medical conditions that placed them at a greater risk of a severe illness or death should they contract COVID. The facility was operated by GEO, a private prison company.

On May 8, 2020, petitioners filed this lawsuit in the U.S. District Court for the Western District of Washington. Plaintiffs sued ICE, ICE's Director and Deputy Director for Seattle, and NWIPC’s Warden. Represented by the Northwest Immigrant Rights Project and the ACLU, plaintiffs sought class certification, a writ of habeas corpus, declaratory relief, attorneys’ fees and litigation costs. The proposed class included those detained with underlying health conditions and/or those at least 60 years old. Petitioners alleged that these class members were particularly vulnerable to COVID infection because conditions there made them susceptible to COVID spread. In light of their increased vulnerability, the plaintiffs argued that their continued detention violated the Fifth Amendment by subjecting them to conditions that create an objectively unreasonable risk of serious harm.

The case was initially assigned to Judge Ricardo Martinez, but it was soon referred to Judge James Robart. On June 4, 2020, the court ordered respondents to inform petitioners and the court if any detainees tested positive for COVID-19. But it denied petitioners first motion for a temporary restraining order on June 12.

The district court initially denied petitioners’ motions for class certification on September 25, 2020 (2020 WL 5746875), but later granted class certification on March 18, 2021. 2021 WL 1056113. The final class certified class consisted of “[a]ll individuals detained at the Northwest Detention Center who are age 55 years or older or who have medical conditions that place them at heightened risk of severe illness or death from COVID-19 as determined by Centers for Disease Control and Prevention guidelines.” 2021 WL 1056113.

Prior to granting class certification, the court ruled on respondents' first motion to dismiss. On October 7, 2020, the court declined to dismiss petitioners' claims. 2020 WL 8473407. Instead, it struck the motion without prejudice and granted plaintiffs' request to conduct discovery.

On November 30, 2020 the court granted petitioners' request to amend their complaint, 2020 WL 7047699, and plaintiffs filed their first amended complaint on December 2.

The parties filed cross-motions for summary judgment in March 2021. Petitioners argued for that the court should defer ruling on these motions until further discovery was conducted. And on May 14, the court agreed and deferred its ruling under Federal Rule of Civil Procedure 56(d). 2021 WL 1946222. The court explained that petitioners should be given sufficient time to develop evidence related to their claims, especially because the scope of discovery had expanded drastically following class certification. However, on June 3, the court stayed further discovery because the parties agreed to enter settlement discussions.

On August 8, 2021, the Court modified its prior order instructing respondents to notify petitioners if any detainees tested positive for COVID. In this modified order, the court ordered the respondents to provide notification if any detainees were either hospitalized or died due to COVID.

Petitioners sought a temporary restraining order (“TRO”) and were denied three times (2020 WL 2831852; 2020 WL 3163208; 2020 WL 7427058) before the court granted their fourth TRO motion on August 23, 2021. 556 F.Supp.3d 1181. The Court ordered “ICE to test detainees for COVID-19 prior to transfer to NWIPC and to take all reasonable measures to ensure there is no cross-exposure between COVID-19 positive detainees and COVID-19 negative detainees during transport.” The court also enjoined ICE “from admitting any detainee into NWIPC that was not transferred in compliance with this order.” 2021 WL 3782089. The TRO was extended on September 13, 2021 and again on September 24, 2021. The latest extension was set to remain in effect until the court decided plaintiffs’ motion to convert the TRO into a preliminary injunction. Because the parties had entered settlement discussion, the court turned plaintiffs' motion to convert the TRO into a preliminary injunction on January 25, 2022.

This case is on-going pending settlement discussions as of May 5, 2022.

Summary Authors

Jordan Katz (9/29/2021)

Jordan Katz (5/5/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17143769/parties/juarez-v-asher/


Judge(s)

Peterson, Michelle (Washington)

Robart, James L. (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Cho, Eunice (Washington)

Fathi, David Cyrus (District of Columbia)

Herat, Enoka (Washington)

Jadwat, Omar C. (New York)

Korthuis, Aaron (Washington)

Kuhlik, Lauren (District of Columbia)

Longley, Joseph (District of Columbia)

Judge(s)

Peterson, Michelle (Washington)

Robart, James L. (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Cho, Eunice (Washington)

Fathi, David Cyrus (District of Columbia)

Herat, Enoka (Washington)

Jadwat, Omar C. (New York)

Korthuis, Aaron (Washington)

Kuhlik, Lauren (District of Columbia)

Longley, Joseph (District of Columbia)

Midgley, John (Washington)

Ngo, My Khanh (California)

Shah, Aditi Kothekar (New York)

Tan, Michael K. T. (New York)

Warden-Hertz, Tim Henry (Washington)

Attorneys(s) for Defendant

Lambert, Michelle R. (Washington)

Mell, Joan K. (Washington)

Strong, James C (Washington)

Waldrop, Matt (Washington)

Other Attorney(s)

Buergel, Susanna M. (New York)

Gibbs, Robert H. (Washington)

Johnson, Darren W. (New York)

Kimball-Stanley, David C. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Juarez v. Asher

Sept. 27, 2021 Docket
1

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

Juarez v. Asher

May 8, 2020 Complaint
91

Order Denying Motion for Temporary Restraining Order

Juarez v. Asher

2020 WL 3163208

June 12, 2020 Order/Opinion
121

Order Adopting in Part Report and Recommendation and Denying Petitioners' Motion for Class Certification

Juarez v. Asher

2020 WL 5746875

Sept. 25, 2020 Order/Opinion
188

Order Denying Motion for Temporary Restraining Order and Expedited Bail Hearings

Avendaño v. Asher

2020 WL 7427058

Dec. 18, 2020 Order/Opinion
245

Order Adopting Report and Recommendation and Granting Petitioners' Motion for Class Certification

Avendaño v. Asher

2021 WL 1056113

March 18, 2021 Order/Opinion
370

Order Granting Motion for Temporary Restraining Order

Juarez v. Asher

2021 WL 3782089

Aug. 23, 2021 Order/Opinion
408

Order on Stipulated Motion to Extend TRO

Sept. 24, 2021 Order/Opinion

Resources

Title Description External URL

Avendaño v. Asher

ACLU Washington

The American Civil Liberties Union, the ACLU of Washington, and the Northwest Immigrant Rights Project (NWIRP) sued U.S. Immigration and Customs Enforcement today on behalf of immigrants detained at … Dec. 11, 2020 https://www.aclu-wa.org/cases/avenda%C3%B1o-v-asher

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17143769/juarez-v-asher/

Last updated May 13, 2022

ECF Number Description Date Link
1

2241 PETITION for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief (Receipt # AWAWDC-6324811), filed by Naeem Khan, Josue Castaneda Juarez, Wilfredo Favela Avendano, J.A.M. (Attachments: # 1 Summons Nathalie Asher, # 2 Summons Matthew T Albence, # 3 Summons Immigration and Customs Enforcement, # 4 Summons Stephen Langford, # 5 Summons Civil Process Clerk)(Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 Clearinghouse
2

DECLARATION of My Khanh Ngo re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M, Wilfredo Favela Avendano, Naeem Khan (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
3

DECLARATION of Joseph J. Amon re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M, Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
4

DECLARATION of Katherine C. McKenzie re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M, Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Attachments: # 1 Exhibit CV, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
5

DECLARATION of Jonathan Louis Golob re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Attachments: # 1 Exhibit CV)(Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
6

DECLARATION of Dora Schriro re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Attachments: # 1 Exhibit CV)(Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
7

DECLARATION of Wilfredo Favela Avedano re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
8

DECLARATION of Josue Castaneda Juarez re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
9

DECLARATION of Naeem Khan re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
10

DECLARATION of Elsa Diaz Reyes re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
11

DECLARATION of Josue Andrade-Machado re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
12

DECLARATION of Flavio Lopez Gonzalez re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
13

DECLARATION of Norma Lopez Nunez re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST)) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
14

DECLARATION of Maksym Bonarov re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
15

DECLARATION of Mark B. Nerheim re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
16

DECLARATION of Andrew W. Augustine re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
17

DECLARATION of Perla Martinez Acosta re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
18

DECLARATION of Gustavo Garcia Cruz re 1 Petition for Writ of Habeas Corpus, by Plaintiffs J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/08/2020)

May 8, 2020 PACER
19

PRAECIPE TO ISSUE SUMMONS re 1 Petition for Writ of Habeas Corpus, by Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Attachments: # 1 Summons Matthew T. Albence, # 2 Summons Immigration and Customs Enforcement)(Adams, Matt) Modified on 5/11/2020. Documents regenerated to AUSA. (ST) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/11/2020)

May 11, 2020 PACER

Add and Terminate Judges

May 11, 2020 PACER

Judge Marsha J. Pechman and Hon. Michelle L. Peterson added. (ST)

May 11, 2020 PACER
20

Summons(es) Electronically Issued as to defendant(s) Matthew T Albence, Nathalie Asher, Immigration and Customs Enforcement United States, Stephen Langford (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(ST) (Entered: 05/11/2020)

May 11, 2020 PACER
21

MOTION to Certify Class, filed by Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan. Oral Argument Requested. (Attachments: # 1 Proposed Order, # 2 Exhibit A) Noting Date 6/5/2020, (Korthuis, Aaron) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/11/2020)

May 11, 2020 PACER
22

MOTION for Temporary Restraining Order, filed by Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan. Oral Argument Requested. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) Noting Date 5/11/2020, (Korthuis, Aaron) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/11/2020)

May 11, 2020 PACER
23

Second DECLARATION of My Khanh Ngo filed by Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan re 22 MOTION for Temporary Restraining Order, 21 MOTION to Certify Class (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Korthuis, Aaron) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/11/2020)

May 11, 2020 PACER
24

DECLARATION of Tim Warden-Hertz filed by Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan re 21 MOTION to Certify Class (Korthuis, Aaron) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/11/2020)

May 11, 2020 PACER
25

DECLARATION of Matt Adams filed by Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan re 22 MOTION for Temporary Restraining Order, 21 MOTION to Certify Class (Korthuis, Aaron) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/11/2020)

May 11, 2020 PACER
26

DECLARATION of Michael Tan filed by Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan re 21 MOTION to Certify Class (Korthuis, Aaron) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/11/2020)

May 11, 2020 PACER
27

DECLARATION of Danielle Surkatty filed by Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan re 22 MOTION for Temporary Restraining Order (Korthuis, Aaron) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/11/2020)

May 11, 2020 PACER
28

APPLICATION OF ATTORNEY Joseph Longley FOR LEAVE TO APPEAR PRO HAC VICE for Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Fee Paid) Receipt No. AWAWDC-6328658 (Adams, Matt) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/11/2020)

May 11, 2020 PACER
29

APPLICATION OF ATTORNEY Lauren Kuhlik FOR LEAVE TO APPEAR PRO HAC VICE for Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Fee Paid) Receipt No. AWAWDC-6328710 (Adams, Matt) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/11/2020)

May 11, 2020 PACER
30

APPLICATION OF ATTORNEY Michael K. Tan FOR LEAVE TO APPEAR PRO HAC VICE for Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Fee Paid) Receipt No. AWAWDC-6328726 (Adams, Matt) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/11/2020)

May 11, 2020 PACER
31

APPLICATION OF ATTORNEY My Khanh Ngo FOR LEAVE TO APPEAR PRO HAC VICE for Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Fee Paid) Receipt No. AWAWDC-6328734 (Adams, Matt) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/11/2020)

May 11, 2020 PACER
32

APPLICATION OF ATTORNEY Omar C. Jadwat FOR LEAVE TO APPEAR PRO HAC VICE for Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan (Fee Paid) Receipt No. AWAWDC-6328737 (Adams, Matt) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/11/2020)

May 11, 2020 PACER
33

ORDER OF TRANSFER. This case is transferred to the Honorable Ricardo S. Martinez, United States Chief District Judge. The caption for this case shall hereinafter be C20-700 RSM-MLP. All scheduled dates will remain as set unless the parties are notified otherwise by Chief Judge Ricardo S. Martinez. Signed by Judge Marsha J. Pechman. (PM) (Entered: 05/11/2020)

May 11, 2020 PACER
34

ORDER re 30 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Michael Tan for Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, and Naeem Khan by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/12/2020)

May 12, 2020 PACER

Order on Application for Leave to Appear Pro Hac Vice

May 12, 2020 PACER

Notice of Hearing on Motion

May 12, 2020 PACER
35

ORDER re 31 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney My Khanh Ngo for Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, and Naeem Khan by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/12/2020)

May 12, 2020 PACER
36

ORDER re 32 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Omar Jadwat for Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, and Naeem Khan by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/12/2020)

May 12, 2020 PACER
37

ORDER re 28 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Joseph Longley for Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, and Naeem Khan by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/12/2020)

May 12, 2020 PACER
38

NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Respondents Matthew T Albence, Nathalie Asher, Immigration and Customs Enforcement United States. (Lambert, Michelle) (Entered: 05/12/2020)

May 12, 2020 PACER
39

NOTICE of Intent to Oppose Motion for Temporary Restraining Order re 22 MOTION for Temporary Restraining Order ; filed by Respondents Matthew T Albence, Nathalie Asher, Immigration and Customs Enforcement United States. (Lambert, Michelle) (Entered: 05/12/2020)

May 12, 2020 PACER
40

NOTICE of Appearance by attorney Matt Waldrop on behalf of Respondents Matthew T Albence, Nathalie Asher, Immigration and Customs Enforcement United States. (Waldrop, Matt) (Entered: 05/12/2020)

May 12, 2020 PACER
41

NOTICE OF TELEPHONIC HEARING: re 22 MOTION for Temporary Restraining Order : Motion Hearing set for TODAY, 5/12/2020 at 03:00 PM before Hon. Michelle L. Peterson. The Clerk will send the call-in information to the parties via email. (TF) (Entered: 05/12/2020)

May 12, 2020 PACER
42

NOTICE of Appearance by attorney Joan K Mell on behalf of Respondent Stephen Langford. (Mell, Joan) (Entered: 05/12/2020)

May 12, 2020 PACER
43

CERTIFICATE OF SERVICE by Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, Naeem Khan re 22 MOTION for Temporary Restraining Order, 26 Declaration, 10 Declaration (non motion), 32 Application for Leave to Appear Pro Hac Vice, 23 Declaration,, 9 Declaration (non motion), 21 MOTION to Certify Class, 17 Declaration (non motion), 11 Declaration (non motion), 24 Declaration, 2 Declaration (non motion),, 25 Declaration, 20 Summons Issued, 7 Declaration (non motion), 27 Declaration, 13 Declaration (non motion), 5 Declaration (non motion), 16 Declaration (non motion), 3 Declaration (non motion), 29 Application for Leave to Appear Pro Hac Vice, 8 Declaration (non motion), 31 Application for Leave to Appear Pro Hac Vice, 6 Declaration (non motion), 4 Declaration (non motion), 14 Declaration (non motion), 15 Declaration (non motion), 1 Petition for Writ of Habeas Corpus,, 28 Application for Leave to Appear Pro Hac Vice, 30 Application for Leave to Appear Pro Hac Vice, 18 Declaration (non motion), 12 Declaration (non motion), (Adams, Matt) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/12/2020)

May 12, 2020 PACER
44

NOTICE of Appearance by attorney Robert H. Gibbs on behalf of Amicus Public Health Officials. (Gibbs, Robert) (Entered: 05/12/2020)

May 12, 2020 PACER
45

APPLICATION OF ATTORNEY David Kimball-Stanley FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Public Health Officials (Fee Paid) Receipt No. AWAWDC-6332225 (Gibbs, Robert) (Entered: 05/12/2020)

May 12, 2020 PACER
46

APPLICATION OF ATTORNEY Susanna Buergel FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Public Health Officials (Fee Paid) Receipt No. AWAWDC-6332236 (Gibbs, Robert) (Entered: 05/12/2020)

May 12, 2020 PACER
47

APPLICATION OF ATTORNEY Darren Johnson FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Public Health Officials (Fee Paid) Receipt No. AWAWDC-6332251 (Gibbs, Robert) (Entered: 05/12/2020)

May 12, 2020 PACER
48

ORDER re 45 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney David C Kimball-Stanley for Amicus Public Health Officials, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 05/12/2020)

May 12, 2020 PACER
49

MOTION Permission for Amici brief, filed by Amicus Public Health Officials. (Attachments: # 1 Exhibit Proposed brief) Noting Date 5/22/2020, (Gibbs, Robert) (Entered: 05/12/2020)

May 12, 2020 PACER
50

ORDER re 46 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Susanna M Buergel for Amicus Public Health Officials, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 05/12/2020)

May 12, 2020 PACER
51

ORDER re 47 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Darren W Johnson for Amicus Public Health Officials, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 05/12/2020)

May 12, 2020 PACER
52

MINUTE ENTRY for proceedings held before Hon. Michelle L. Peterson- Dep Clerk: tfarrell; Pla Counsel: Matt Adams, et al; Def Counsel: Michelle Lambert, et al; CR: Debbie Zurn; Time of Hearing: 3:00pm; Telephone Status Hearing held on 5/12/2020. (TF) (Entered: 05/12/2020)

May 12, 2020 PACER
53

ORDER re 29 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Lauren Kuhlik for Petitioners J.A.M., Josue Castaneda Juarez, Wilfredo Favela Avendano, and Naeem Khan by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/13/2020)

May 13, 2020 PACER

Telephone Conference

May 13, 2020 PACER

Order on Application for Leave to Appear Pro Hac Vice

May 13, 2020 PACER

Add and Terminate Judges

May 13, 2020 PACER
54

ORDER TRANSFERRING CASE by Judge Ricardo S. Martinez. This case is transferred to the Honorable James L. Robart. The caption for this case shall hereinafter be C20-700-JLR-MLP. All scheduled dates will remain the same unless the parties are notified otherwise by Judge Robart. (ST) (Entered: 05/13/2020)

May 13, 2020 PACER

Judge James L. Robart added. (ST)

May 13, 2020 PACER
55

ORDER setting briefing schedule for Petitioners' 22 MOTION for Temporary Restraining Order. Opposition due no later than 5/18/2020, at 8:00 a.m., PDT; Reply due no later than 5/20/2020, at 8:00 a.m., PDT. Signed by Judge James L. Robart. (PM) (Entered: 05/13/2020)

May 13, 2020 RECAP
56

NOTICE of Supplemental Authority re 22 MOTION for Temporary Restraining Order, 21 MOTION to Certify Class by Petitioners J.A.M., Wilfredo Favela Avendano, Josue Castaneda Juarez, Naeem Khan (Attachments: # 1 Exhibit A)(Korthuis, Aaron) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/13/2020)

May 13, 2020 PACER
57

Unopposed MOTION for Protective Order, filed by Petitioners J.A.M., Wilfredo Favela Avendano, Josue Castaneda Juarez, Naeem Khan. (Attachments: # 1 Proposed Order) Noting Date 5/14/2020, (Korthuis, Aaron) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/14/2020)

May 14, 2020 PACER
58

DECLARATION of Sydney Maltese filed by Petitioners J.A.M., Wilfredo Favela Avendano, Josue Castaneda Juarez, Naeem Khan re 57 Unopposed MOTION for Protective Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Korthuis, Aaron) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/14/2020)

May 14, 2020 PACER
59

Second DECLARATION of J.A.M. filed by Petitioners J.A.M., Wilfredo Favela Avendano, Josue Castaneda Juarez, Naeem Khan re 57 Unopposed MOTION for Protective Order (Korthuis, Aaron) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/14/2020)

May 14, 2020 PACER
60

EXHIBIT A - Ninth Circuit order granting J.A.M.'s request to proceed with initials re 57 Unopposed MOTION for Protective Order by Petitioners J.A.M., Wilfredo Favela Avendano, Josue Castaneda Juarez, Naeem Khan (Korthuis, Aaron) Modified on 6/1/2020 per 61 Order. Petitioner J.A.M.'s name has been redacted to initials. (ST) (Entered: 05/14/2020)

May 14, 2020 PACER
61

ORDER GRANTING PETITIONER-PLAINTIFF J.A.M.S UNOPPOSED MOTION FOR PROTECTIVEORDER 57 Motion for Protective Order, signed by Hon. Michelle L. Peterson. (SG) (Entered: 05/15/2020)

May 15, 2020 PACER
62

RESPONSE, by Respondents Matthew T Albence, Nathalie Asher, Immigration and Customs Enforcement United States, to 22 MOTION for Temporary Restraining Order . (Attachments: # 1 Proposed Order)(Waldrop, Matt) (Entered: 05/17/2020)

May 17, 2020 PACER
63

DECLARATION of Drew H. Bostock re 62 Response to Motion by Respondents Matthew T Albence, Nathalie Asher, Immigration and Customs Enforcement United States (Attachments: # 1 Exhibit A)(Waldrop, Matt) (Entered: 05/17/2020)

May 17, 2020 PACER
64

DECLARATION of Dr. Sheri Malakhova, M.D. re 62 Response to Motion by Respondents Matthew T Albence, Nathalie Asher, Immigration and Customs Enforcement United States (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Waldrop, Matt) (Entered: 05/17/2020)

May 17, 2020 PACER
65

DECLARATION of Ranay Yonkers, RN, CCHP re 62 Response to Motion by Respondents Matthew T Albence, Nathalie Asher, Immigration and Customs Enforcement United States (Waldrop, Matt) (Entered: 05/17/2020)

May 17, 2020 PACER
66

DECLARATION of Jack Lippard re 62 Response to Motion by Respondents Matthew T Albence, Nathalie Asher, Immigration and Customs Enforcement United States (Waldrop, Matt) (Entered: 05/18/2020)

May 18, 2020 PACER
67

DECLARATION of Stephen Langford filed by Respondent Stephen Langford re 62 Response to Motion by Respondents re 22 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A thru D)(Mell, Joan) Modified on 5/19/2020. Linked Declaration to [62[ Response. (ST) (Entered: 05/18/2020)

May 18, 2020 PACER
68

REPLY, filed by Petitioners J. A.M., Wilfredo Favela Avendano, Josue Castaneda Juarez, Naeem Khan, TO RESPONSE to 22 MOTION for Temporary Restraining Order (Cho, Eunice) (Entered: 05/20/2020)

May 20, 2020 PACER
69

Supplemental DECLARATION of Dr. Joseph Amon filed by Petitioners J. A.M., Wilfredo Favela Avendano, Josue Castaneda Juarez, Naeem Khan re 22 MOTION for Temporary Restraining Order (Cho, Eunice) (Entered: 05/20/2020)

May 20, 2020 PACER
70

DECLARATION of Damilola Kehinde Adekunle filed by Petitioners J. A.M., Wilfredo Favela Avendano, Josue Castaneda Juarez, Naeem Khan re 22 MOTION for Temporary Restraining Order (Cho, Eunice) (Entered: 05/20/2020)

May 20, 2020 PACER
71

Third DECLARATION of My Khanh Ngo filed by Petitioners J. A.M., Wilfredo Favela Avendano, Josue Castaneda Juarez, Naeem Khan re 22 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Cho, Eunice) (Entered: 05/20/2020)

May 20, 2020 PACER
72

DECLARATION of V. Mitch McEwen filed by Petitioners J. A.M., Wilfredo Favela Avendano, Josue Castaneda Juarez, Naeem Khan re 22 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cho, Eunice) (Entered: 05/20/2020)

May 20, 2020 PACER
73

NOTICE of Supplemental Authority re 62 Response to Motion by Respondents Matthew T Albence, Nathalie Asher, Immigration and Customs Enforcement United States, Stephen Langford (Attachments: # 1 Exhibit A)(Lambert, Michelle) (Entered: 05/20/2020)

May 20, 2020 PACER
74

MINUTE ORDER by Hon. Michelle L. Peterson, United States Magistrate Judge; Oral argument is scheduled in this matter for Wednesday, May 27, 2020, at 10 a.m. The Deputy Clerk will reach out to the parties to set up the remote hearing and will post call-in details for the public on the Court's website. (TF) (Entered: 05/26/2020)

May 26, 2020 RECAP
75

NOTICE of Supplemental Authority re 68 Reply to Response to Motion for Temporary Restraining Order by Petitioners J. A.M., Wilfredo Favela Avendano, Josue Castaneda Juarez, Naeem Khan (Attachments: # 1 Exhibit A)(Cho, Eunice) (Entered: 05/26/2020)

May 26, 2020 PACER
76

NOTICE of Supplemental Authority re 74 Minute Order,, Set/Reset Hearings, by Respondents Matthew T Albence, Nathalie Asher, Immigration and Customs Enforcement United States (Attachments: # 1 Supplement)(Lambert, Michelle) (Entered: 05/26/2020)

May 26, 2020 PACER
77

MINUTE ENTRY for proceedings held before Hon. Michelle L. Peterson- Dep Clerk: tfarrell; Pla Counsel: Matt Adams; Def Counsel: Michelle Lambert, Joan Mell; CR: Nickie Drury; Time of Hearing: 10:00am; Courtroom: via video;TRO Hearing re Petitioners' 22 Motion held on 5/27/2020. Parties appear via Teams video. Court reviews record. Court hears arguments and conducts colloquy. The motion is taken under advisement. Court adjourned. (TF) (Entered: 05/27/2020)

May 27, 2020 PACER

TRO Hearing

May 27, 2020 PACER
78

ORDER TO SHOW CAUSE by Judge James L. Robart re 22 Motion for Temporary Restraining Order. Show Cause Response due by 6/2/2020. (ST) (Entered: 05/28/2020)

May 28, 2020 PACER
79

RESPONSE, by Respondents Matthew T Albence, Nathalie Asher, Immigration and Customs Enforcement United States, to 21 MOTION to Certify Class . (Lambert, Michelle) (Entered: 06/01/2020)

June 1, 2020 PACER
80

DECLARATION of Jack Lippard re 78 Order to Show Cause by Respondents Matthew T Albence, Nathalie Asher, Immigration and Customs Enforcement United States (Attachments: # 1 Exhibit A)(Lambert, Michelle) (Entered: 06/01/2020)

June 1, 2020 PACER
81

ORDER by Judge James L. Robart. This case has garnered interest from the press. To enhance access to case materials - despite the ongoing public emergency - the Court DIRECTS the Clerk to post this Order and the following orders and parties' filings on the court's website as soon as practicable: 1 2241 Petition for Writ of Habeas Corpus; 21 Motion to Certify Class; 22 Motion for Temporary Restraining Order; 33 Order Reassigning Case; 49 Motion Permission for Amici brief; 54 Order; 55 Order; 56 Notice of Supplemental Authority; 61 Order on Motion for Protective Order; 63 Declaration; 68 Reply to Response to Motion; 73 Notice of Supplemental Authority; 74 Minute Order; 75 Notice of Supplemental Authority; 76 Notice of Supplemental Authority; 78 Order to Show Cause. Before posting the filings to the website, however, the parties will be given the opportunity to file redacted versions of these documents or otherwise object to the court's plan. The Court ORDERS the parties to meet and confer regarding what, if any, portions of the documents should be redacted as personal, medical or otherwise private information. The Court ORDERS the parties to file redacted copies of these documents no later than seven (7) days from the filing date of this Order. If the parties agree that a document does not need any redactions, the Court ORDERS the parties to so state in a filing on the record no later than seven (7) days from the filing date of this Order. Finally, if either party objects to the filing of one or more of the documents in redacted form on the court's website, the Court ORDERS that party to file its objection, supported by appropriate citations to authority, no later than seven (7) days from the filing date of this Order. (ST) Modified on 6/2/2020 to add additional order to be posted ( 78 ) (KB). (Entered: 06/01/2020)

June 1, 2020 PACER
82

DECLARATION of Stephen Langford, NWIPC Facility Administrator filed by Respondent Stephen Langford re 22 MOTION for Temporary Restraining Order (Mell, Joan) (Entered: 06/02/2020)

June 2, 2020 PACER
83

ORDER RE 82 RESPONDENTS' DECLARATION IN RESPONSE TO 78 ORDER TO SHOW CAUSE by Hon. Michelle L. Peterson. The Court ORDERS Respondents to inform Petitioners and the Court as soon as practicable, but within at least 24 hours, after learning that any individual present at the NWDC tests positive for or is otherwise diagnosed with COVID-19.(ST) (Entered: 06/04/2020)

June 4, 2020 RECAP
84

REPLY, filed by Petitioners Wilfredo Favela Avendano, J.A.M., Josue Castaneda Juarez, Naeem Khan, TO RESPONSE to 21 MOTION to Certify Class (Attachments: # 1 Exhibit)(Korthuis, Aaron) (Entered: 06/05/2020)

June 5, 2020 PACER
85

Fourth DECLARATION of My Khanh Ngo filed by Petitioners Wilfredo Favela Avendano, J.A.M., Josue Castaneda Juarez, Naeem Khan re 21 MOTION to Certify Class (Attachments: # 1 Exhibit A)(Korthuis, Aaron) (Entered: 06/05/2020)

June 5, 2020 PACER
86

DECLARATION of Homer Venters filed by Petitioners Wilfredo Favela Avendano, J.A.M., Josue Castaneda Juarez, Naeem Khan re 21 MOTION to Certify Class (Attachments: # 1 Exhibit A - Venters CV)(Korthuis, Aaron) (Entered: 06/05/2020)

June 5, 2020 PACER
87

NOTICE re 83 Order, ; filed by Respondents Matthew T Albence, Nathalie Asher, Immigration and Customs Enforcement United States. (Attachments: # 1 Exhibit Declaration of Drew Bostock)(Lambert, Michelle) (Entered: 06/05/2020)

June 5, 2020 PACER
88

NOTICE and redacted filings re 81 Order; filed by Petitioners Wilfredo Favela Avendano, J.A.M., Josue Castaneda Juarez, Naeem Khan. (Attachments: # 1 Exhibit 1 - Petition, (Dkt 1 ) # 2 Exhibit 2 - Motion for Leave to File Brief of Amici Curiae (Dkt. 49, #(3) Exhibit 3 - Brief of Amici Curiae Dkt 49 -1 )(Korthuis, Aaron) Modified on 6/9/2020 to add link and names to attachments (PM). (Entered: 06/08/2020)

June 8, 2020 PACER
89

NOTICE OF COVID-19 TESTING RESULTS AT NWIPC AND NEW DETAINEE TESTING PROTOCOL ; filed by Respondents Matthew T Albence, Nathalie Asher, Immigration and Customs Enforcement United States. (Lambert, Michelle) (Entered: 06/08/2020)

June 8, 2020 PACER
90

ORDER GRANTING 49 MOTION FOR LEAVE TO PARTICIPATE AS AMICI CURIAE signed by Hon. Michelle L. Peterson. The Court GRANTS Public Health Officials' motion to participate as amici curiae. Unless authorized by the court in advance, amici may not file reply memorandum or participate in any oral arguments before the court.(ST) (Entered: 06/11/2020)

June 11, 2020 RECAP
91

ORDER DENYING 22 MOTION FOR A TEMPORARY RESTRAINING ORDER signed by Judge James L. Robart. (cc: ICE via email)(ST) (Entered: 06/12/2020)

June 12, 2020 Clearinghouse

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 8, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals detained at the Northwest Detention Center who are age 55 years or older or who have medical conditions that place them at heightened risk of severe illness or death from COVID-19 as determined by Centers for Disease Control and Prevention guidelines.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

ACLU National (all projects)

Northwest Immigrant Rights Project (NWIRP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Geo Group, Private Entity/Person

U.S. Immigration and Customs Enforcement, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

None yet

Order Duration: 2021 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Confinement/isolation

Habeas Corpus

Sanitation / living conditions

Crowding:

Crowding / caseload

COVID-19:

COVID reporting ordered

COVID testing ordered/modified

Mitigation Granted

Mitigation Requested

Release Requested

Type of Facility:

Non-government for profit

Immigration/Border:

Constitutional rights

Detention - conditions