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

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

Filed Date: Jan. 31, 2022

Closed Date: Feb. 25, 2022

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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 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.

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Summary Authors

Caitlin Kierum (4/28/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/62638978/parties/shaikh-v-us-immigration-and-customs-enforcement/

Attorney for Plaintiff

Cho, Eunice Hyunhye (District of Columbia)

Ngo, My Khanh (District of Columbia)

Shah, Aditi (District of Columbia)

Spitzer, Arthur B. (District of Columbia)

Attorney for Defendant

Robins, Jeffrey S (District of Columbia)

Attorney for Plaintiff

Cho, Eunice Hyunhye (District of Columbia)

Ngo, My Khanh (District of Columbia)

Shah, Aditi (District of Columbia)

Spitzer, Arthur B. (District of Columbia)

Attorney for Defendant

Robins, Jeffrey S (District of Columbia)

Youngs, Jennifer (District of Columbia)

Attorney Contact Information via CourtListener

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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

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Docket

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

Last updated April 14, 2025, 12:18 p.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 View on PACER 2 Summons to DHS View on PACER 3 Memorandum in Support to ICE View on PACER 4 Summons to U.S. Attorney General View on PACER 5 Summons to U.S. Attorney for D.C. View on PACER	Jan. 31, 2022	Jan. 31, 2022 PACER
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) 1 CERTIFICATE OF COUNSEL REQUIRED BY LOCAL RULE 65.1(a) View on PACER 2 Memorandum in Support View on PACER 3 1.Declaration of Dr. Tara Vijayan View on PACER 4 Dr. Tara Vijayan CV View on PACER 5 2.Declaration of Nathalie E. Amazan, Part 1 View on PACER 6 3.Declaration of Nathalie E. Amazan, Part 2 View on PACER 7 4.Declaration of Aamir Shaikh View on PACER 8 5.Declaration of Marvin Hernandez Villalobo View on PACER 9 6.Declaration of Liliana Cardenas Solis View on PACER 10 7.Declaration of Joseph Adalberto Rojo Rocha View on PACER 11 8.Declaration of James Mayen Mayen View on PACER 12 9.Declaration of Blanca Rivera Morales View on PACER 13 10.Declaration of Ramon Dominguez Gonzalez View on PACER 14 Text of Proposed Order View on PACER	Jan. 31, 2022	Jan. 31, 2022 PACER
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) 1 Memorandum in Support View on PACER 2 1.Declaration of Dr. Tara Vijayan View on PACER 3 Curriculum Vitae of Dr. Tara Vijayan View on PACER 4 2.Declaration of Nathalie E. Amazan, Part 1 View on PACER 5 3.Declaration of Nathalie E. Amazan, Part 2 View on PACER 6 4.Declaration of Aamir Shaikh View on PACER 7 5.Declaration of Marvin Hernandez Villalobo View on PACER 8 6.Declaration of Liliana Cardenas Solis View on PACER 9 7.Declaration of Joseph Adalberto Rojo Rocha View on PACER 10 8.Declaration of James Mayen Mayen View on PACER 11 9.Declaration of Blanca Rivera Morales View on PACER 12 10.Declaration of Ramon Dominguez Gonzalez View on PACER 13 Text of Proposed Order View on PACER	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
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) 1 Declaration of Aditi Shah View on PACER 2 Text of Proposed Order View on PACER	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 View on PACER 2 Exhibit 2 Declaration of Christopher Jones View on PACER 3 Exhibit 3 Declaration of Robert Alfieri View on PACER 4 Exhibit 4 Declaration of Moises Becerra View on PACER 5 Exhibit 5 Declaration of Joshua Reid View on PACER 6 Exhibit 6 Declaration of Dr. Ada Rivera View on PACER	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