Case: Shaikh v. U.S. Immigration and Customs Enforcement (ICE)

1:22-cv-00231 | U.S. District Court for the District of Columbia

Filed Date: Jan. 31, 2022

Closed Date: Feb. 25, 2022

Clearinghouse coding complete

Case Summary

This case, filed by the ACLU on behalf of five individuals in Immigration and Customs Enforcement (ICE) detention centers, sought to acquire mRNA COVID-19 vaccine boosters for eligible individuals in detention centers. On January 31, 2022, the plaintiffs filed this action in the U.S. District Court for the District of Columbia against ICE and the U.S. Department of Homeland Security. The plaintiffs alleged that ICE's failure to provide COVID vaccine booster shots to 5 immigration detainees was …

This case, filed by the ACLU on behalf of five individuals in Immigration and Customs Enforcement (ICE) detention centers, sought to acquire mRNA COVID-19 vaccine boosters for eligible individuals in detention centers. On January 31, 2022, the plaintiffs filed this action in the U.S. District Court for the District of Columbia against ICE and the U.S. Department of Homeland Security. The plaintiffs alleged that ICE's failure to provide COVID vaccine booster shots to 5 immigration detainees was unconstitutional under the Due Process Clause of the Fifth Amendment, unlawful under the Administrative Procedure Act, and in violation of Section 504 of the Rehabilitation Act. They requested injunctive relief requiring ICE to make mRNA COVID-19 vaccine booster shots and medical consultation available to the plaintiff-detainees.The case was assigned to Judge Timothy J. Kelly.

Additionally on January 31, the plaintiffs filed motions for a temporary restraining order (TRO) and a preliminary injunction. They claimed that COVID-19 cases in detention centers were rising, due to the Omicron variant, and that not having the vaccine booster made them 4x more likely to die from COVID than a vaccinated, boosted individual. They claimed they had requested booster shots at their detention centers but had been told none were available, or were ignored. They requested emergency relief requiring the defendants to make available and provide mRNA COVID-19 vaccine booster shots in accordance with CDC guidance. 

On February 24, 2022, the defendants responded to the motion for temporary restraining order, claiming the plaintiffs' claims were rendered moot because they had received their mRNA booster shots and because their claims were all duplicative of an existing class actions where all 3 TRO plaintiffs were members; they also claimed the plaintiffs were unlikely to succeed on the merits and that the TRO should be denied.

That same day, the plaintiffs filed a notice of voluntary dismissal of all claims without prejudice. The plaintiffs acknowledged that since the lawsuit had been filed, each plaintiff had received their mRNA vaccine booster, including those who needed to wait until they had medical clearance after having COVID-19, and thus their claims were moot. The case is now closed. 

Summary Authors

Caitlin Kierum (4/28/2022)

Documents in the Clearinghouse

Document
1

1:22-cv-00231

Complaint for Declaratory and Injunctive Relief

Shaikh v. U.S. Immigration and Customs Enforcement

Jan. 31, 2022

Jan. 31, 2022

Complaint
3

1:22-cv-00231

Plaintiffs' Memorandum in Support of their Application for a Temporary Restraining Order and Motion for a Preliminary Injunction

Shaikh v. U.S. Immigration and Customs Enforcement

Jan. 31, 2022

Jan. 31, 2022

Pleading / Motion / Brief
3-2

1:22-cv-00231

Declaration of Tara Vijayan, M.D., M.P.H.

Shaikh v. U.S. Immigration and Customs Enforcement

Jan. 31, 2022

Jan. 31, 2022

Declaration/Affidavit
22

1:22-cv-00231

Defendants’ Memorandum in Response to Plaintiffs’ Application for Temporary Restraining Order

Shaikh v. U.S. Immigration and Customs Enforcement

Feb. 24, 2022

Feb. 24, 2022

Pleading / Motion / Brief
23

1:22-cv-00231

Notice of Voluntary Dismissal Without Prejudice

Shaikh v. U.S. Immigration and Customs Enforcement

Feb. 24, 2022

Feb. 24, 2022

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/62638978/shaikh-v-us-immigration-and-customs-enforcement/

Last updated Aug. 9, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 402 receipt number ADCDC-9011186) filed by AAMIR SHAIKH, JOSEPH ADALBERTO ROJO ROCHA, LILIANA CARDENAS SOLIS, MARVIN HERNANDEZ VILLALOBO, JAMES MAYEN MAYEN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to DHS, # 3 Memorandum in Support to ICE, # 4 Summons to U.S. Attorney General, # 5 Summons to U.S. Attorney for D.C.)(Spitzer, Arthur) (Entered: 01/31/2022)

1 Civil Cover Sheet

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2 Summons to DHS

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3 Memorandum in Support to ICE

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4 Summons to U.S. Attorney General

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5 Summons to U.S. Attorney for D.C.

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Jan. 31, 2022

Jan. 31, 2022

Clearinghouse
1

Complaint

Jan. 31, 2022

Jan. 31, 2022

Clearinghouse
2

MOTION for Temporary Restraining Order by LILIANA CARDENAS SOLIS, MARVIN HERNANDEZ VILLALOBO, JAMES MAYEN MAYEN, JOSEPH ADALBERTO ROJO ROCHA, AAMIR SHAIKH. (Attachments: # 1 CERTIFICATE OF COUNSEL REQUIRED BY LOCAL RULE 65.1(a), # 2 Memorandum in Support, # 3 1.Declaration of Dr. Tara Vijayan, # 4 Dr. Tara Vijayan CV, # 5 2.Declaration of Nathalie E. Amazan, Part 1, # 6 3.Declaration of Nathalie E. Amazan, Part 2, # 7 4.Declaration of Aamir Shaikh, # 8 5.Declaration of Marvin Hernandez Villalobo, # 9 6.Declaration of Liliana Cardenas Solis, # 10 7.Declaration of Joseph Adalberto Rojo Rocha, # 11 8.Declaration of James Mayen Mayen, # 12 9.Declaration of Blanca Rivera Morales, # 13 10.Declaration of Ramon Dominguez Gonzalez, # 14 Text of Proposed Order)(Spitzer, Arthur) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER
2

Temporary Restraining Order

Jan. 31, 2022

Jan. 31, 2022

PACER
3

Preliminary Injunction

Jan. 31, 2022

Jan. 31, 2022

Clearinghouse
3

MOTION for Preliminary Injunction by LILIANA CARDENAS SOLIS, MARVIN HERNANDEZ VILLALOBO, JAMES MAYEN MAYEN, JOSEPH ADALBERTO ROJO ROCHA, AAMIR SHAIKH. (Attachments: # 1 Memorandum in Support, # 2 1.Declaration of Dr. Tara Vijayan, # 3 Curriculum Vitae of Dr. Tara Vijayan, # 4 2.Declaration of Nathalie E. Amazan, Part 1, # 5 3.Declaration of Nathalie E. Amazan, Part 2, # 6 4.Declaration of Aamir Shaikh, # 7 5.Declaration of Marvin Hernandez Villalobo, # 8 6.Declaration of Liliana Cardenas Solis, # 9 7.Declaration of Joseph Adalberto Rojo Rocha, # 10 8.Declaration of James Mayen Mayen, # 11 9.Declaration of Blanca Rivera Morales, # 12 10.Declaration of Ramon Dominguez Gonzalez, # 13 Text of Proposed Order)(Spitzer, Arthur) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

Clearinghouse

Case Assigned/Reassigned

Jan. 31, 2022

Jan. 31, 2022

PACER

Case Assigned to Judge Timothy J. Kelly. (znmg)

Jan. 31, 2022

Jan. 31, 2022

PACER
4

SUMMONS (2) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER
4

Electronic Summons Issued as to AUSA,USAG

Jan. 31, 2022

Jan. 31, 2022

PACER
5

Errata

Jan. 31, 2022

Jan. 31, 2022

PACER
5

ERRATA Filing CORRECTED Proposed Preliminary Injunction (replacing ECF 3-13) by LILIANA CARDENAS SOLIS, MARVIN HERNANDEZ VILLALOBO, JAMES MAYEN MAYEN, JOSEPH ADALBERTO ROJO ROCHA, AAMIR SHAIKH re 3 MOTION for Preliminary Injunction filed by JAMES MAYEN MAYEN, AAMIR SHAIKH, MARVIN HERNANDEZ VILLALOBO, LILIANA CARDENAS SOLIS, JOSEPH ADALBERTO ROJO ROCHA. (Attachments: # 1 CORRECTED Proposed Preliminary Injunction (replacing ECF 3-13))(Spitzer, Arthur) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER
6

NOTICE of Appearance by Jeffrey S Robins on behalf of All Defendants (Robins, Jeffrey) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER

MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a status conference on February 1, 2022, at 11:00 a.m. via videoconference. The parties shall contact the Courtroom Deputy at (202) 354-3495 to make arrangements to appear. Signed by Judge Timothy J. Kelly on 1/31/2022. (lctjk3)

Jan. 31, 2022

Jan. 31, 2022

PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/31/2022. Answer due for ALL FEDERAL DEFENDANTS by 4/1/2022. (Attachments: # 1 Affidavit of Service on U.S. Attorney)(Spitzer, Arthur) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER

Case Assigned/Reassigned

Jan. 31, 2022

Jan. 31, 2022

PACER

~Util - Set/Reset Hearings AND .Order

Jan. 31, 2022

Jan. 31, 2022

PACER

Minute Entry for proceedings held before Judge Timothy J. Kelly: VTC Status Conference held on 2/1/2022. Defendants' Response to 2 MOTION for Temporary Restraining Order due by 2/3/2022 at 5:00 PM. Plaintiffs' Reply due by 2/5/2022 at 5:00 PM. VTC Motion Hearing set for 2/7/2022 at 3:30 PM before Judge Timothy J. Kelly. (Court Reporter: Timothy Miller) (zkh)

Feb. 1, 2022

Feb. 1, 2022

PACER
8

ENTERED IN ERROR.....NOTICE of Appearance by Jennifer Youngs on behalf of All Defendants (Youngs, Jennifer); Modified on 2/2/2022 (ztth). (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER

~Util - Set/Reset Deadlines/Hearings AND Status Conference

Feb. 1, 2022

Feb. 1, 2022

PACER
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Euniuce Cho, Filing fee $ 100, receipt number ADCDC-9017717. Fee Status: Fee Paid. by LILIANA CARDENAS SOLIS, MARVIN HERNANDEZ VILLALOBO, JAMES MAYEN MAYEN, JOSEPH ADALBERTO ROJO ROCHA, AAMIR SHAIKH. (Attachments: # 1 Declaration of Eunice Cho, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aditi Shah, Filing fee $ 100, receipt number ADCDC-9017758. Fee Status: Fee Paid. by LILIANA CARDENAS SOLIS, MARVIN HERNANDEZ VILLALOBO, JAMES MAYEN MAYEN, JOSEPH ADALBERTO ROJO ROCHA, AAMIR SHAIKH. (Attachments: # 1 Declaration of Aditi Shah, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- My Khanh Ngo, Filing fee $ 100, receipt number ADCDC-9017771. Fee Status: Fee Paid. by LILIANA CARDENAS SOLIS, MARVIN HERNANDEZ VILLALOBO, JAMES MAYEN MAYEN, JOSEPH ADALBERTO ROJO ROCHA, AAMIR SHAIKH. (Attachments: # 1 Declaration of My Khana Ngo, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER

NOTICE OF ERROR re 8 Notice of Appearance; emailed to jennifer.a.youngs@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect document/case, 2. Please refile document (ztth, )

Feb. 2, 2022

Feb. 2, 2022

PACER
12

NOTICE of Appearance by Jennifer Youngs on behalf of All Defendants (Youngs, Jennifer) (Main Document 12 replaced on 2/2/2022) (ztth). (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER

Notice of QC

Feb. 2, 2022

Feb. 2, 2022

PACER

MINUTE ORDER granting Plaintiffs' 9 10 11 Motions for Leave to Appear Pro Hac Vice. Attorneys Eunice Cho, Aditi Shah, and My Khanh Ngo are hereby admitted pro hac vice to appear in this matter on behalf of Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Timothy J. Kelly on 2/3/2022. (lctjk3)

Feb. 3, 2022

Feb. 3, 2022

PACER
13

Joint MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Temporary Restraining Order by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Youngs, Jennifer) (Entered: 02/03/2022)

Feb. 3, 2022

Feb. 3, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

Feb. 3, 2022

Feb. 3, 2022

PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/03/2022. (Attachments: # 1 Declaration of Service on U.S. Attorney General)(Spitzer, Arthur) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER

MINUTE ORDER granting the parties' 13 Consent Motion for Extension of Time. It is hereby ORDERED, nunc pro tunc and for good cause shown, that the parties' 13 Consent Motion for Extension of Time is GRANTED. Defendants shall file a response to Plaintiffs' 2 Motion for a Temporary Restraining Order by 5:00 p.m. on February 11, 2022, and Plaintiffs shall file any reply by 5:00 p.m. on February 15, 2022. It is further ORDERED that the hearing scheduled for February 7, 2022, is VACATED. Signed by Judge Timothy J. Kelly on 2/4/2022. (lctjk3)

Feb. 4, 2022

Feb. 4, 2022

PACER
15

NOTICE of Appearance by My Khanh Ngo on behalf of All Plaintiffs (Ngo, My Khanh) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER
16

NOTICE of Appearance by Eunice Hyunhye Cho on behalf of All Plaintiffs (Cho, Eunice) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER

Set/Reset Deadlines AND Order on Motion for Extension of Time to File Response/Reply

Feb. 4, 2022

Feb. 4, 2022

PACER
17

NOTICE of Appearance by Aditi Shah on behalf of All Plaintiffs (Shah, Aditi) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
18

STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 2/9/2022. (lctjk3) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER
19

Joint MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Temporary Restraining Order by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Youngs, Jennifer) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER

MINUTE ORDER granting the parties' 19 Consent Motion for Extension of Time. It is hereby ORDERED, nunc pro tunc and for good cause shown, that the parties' 19 Consent Motion for Extension of Time is GRANTED. Defendants shall file a response to Plaintiffs' 2 Motion for a Temporary Restraining Order by 5:00 p.m. on February 15, 2022, and Plaintiffs shall file any reply by 5:00 p.m. on February 18, 2022. Signed by Judge Timothy J. Kelly on 2/11/2022. (lctjk3)

Feb. 11, 2022

Feb. 11, 2022

PACER

Set/Reset Deadlines AND Order on Motion for Extension of Time to File Response/Reply

Feb. 11, 2022

Feb. 11, 2022

PACER
20

Joint MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Temporary Restraining Order by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Youngs, Jennifer) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER

MINUTE ORDER granting the parties' 20 Consent Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that the parties' 20 Consent Motion for Extension of Time is GRANTED. Defendants shall file a response to Plaintiffs' 2 Motion for a Temporary Restraining Order by 5:00 p.m. on February 22, 2022, and Plaintiffs shall file any reply by 5:00 p.m. on February 25, 2022. Signed by Judge Timothy J. Kelly on 2/15/2022. (lctjk3)

Feb. 15, 2022

Feb. 15, 2022

PACER

Set/Reset Deadlines AND Order on Motion for Extension of Time to File Response/Reply

Feb. 15, 2022

Feb. 15, 2022

PACER
21

Joint MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Temporary Restraining Order by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Youngs, Jennifer) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

PACER

MINUTE ORDER granting the parties' 21 Consent Motion for Extension of Time. It is hereby ORDERED, nunc pro tunc and for good cause shown, that the parties' 21 Consent Motion for Extension of Time is GRANTED. Defendants shall file a response to Plaintiffs' 2 Motion for a Temporary Restraining Order by 5:00 p.m. on February 24, 2022, and Plaintiffs shall file any reply by 5:00 p.m. on February 27, 2022. Signed by Judge Timothy J. Kelly on 2/23/2022. (lctjk3)

Feb. 23, 2022

Feb. 23, 2022

PACER

Set/Reset Deadlines AND Order on Motion for Extension of Time to File Response/Reply

Feb. 23, 2022

Feb. 23, 2022

PACER
22

RESPONSE re 2 MOTION for Temporary Restraining Order filed by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit 1 Declaration of John Hartnett, # 2 Exhibit 2 Declaration of Christopher Jones, # 3 Exhibit 3 Declaration of Robert Alfieri, # 4 Exhibit 4 Declaration of Moises Becerra, # 5 Exhibit 5 Declaration of Joshua Reid, # 6 Exhibit 6 Declaration of Dr. Ada Rivera)(Youngs, Jennifer) (Entered: 02/24/2022)

1 Exhibit 1 Declaration of John Hartnett

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2 Exhibit 2 Declaration of Christopher Jones

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3 Exhibit 3 Declaration of Robert Alfieri

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4 Exhibit 4 Declaration of Moises Becerra

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5 Exhibit 5 Declaration of Joshua Reid

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6 Exhibit 6 Declaration of Dr. Ada Rivera

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Feb. 24, 2022

Feb. 24, 2022

RECAP
23

NOTICE of Voluntary Dismissal by All Plaintiffs (Cho, Eunice) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Jan. 31, 2022

Closing Date: Feb. 25, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five medically vulnerable people held in U.S. Immigration and Customs Enforcement (ICE) detention facilities

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement, Federal

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Totality of conditions

Medical/Mental Health:

Medical care, general

Medical care, unspecified

COVID-19:

COVID vaccination ordered

Mitigation Requested

Population-Medically vulnerable

Immigration/Border:

Detention - conditions