Case: Duchitanga v. Lloyd

1:18-cv-10332 | U.S. District Court for the Southern District of New York

Filed Date: Nov. 6, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about delays in the release of detained immigrant children to their families resulting from new policies and practices that subjected parents and others to unwarranted fingerprint checks. According to the complaint, family members had to wait months to receive a fingerprint appointment and then several more months for the results. These delays resulted in a dramatic spike in the amount of time children spent in government custody.  On November 6, 2018, several detained immigrant …

This is a case about delays in the release of detained immigrant children to their families resulting from new policies and practices that subjected parents and others to unwarranted fingerprint checks. According to the complaint, family members had to wait months to receive a fingerprint appointment and then several more months for the results. These delays resulted in a dramatic spike in the amount of time children spent in government custody. 

On November 6, 2018, several detained immigrant children and their sponsors filed this putative class action lawsuit and petition for habeas corpus in the United States District Court for the Southern District of New York. Represented by the ACLU, the plaintiffs sued three officials from the Office of Refugee Resettlement (ORR) and the Secretary of the U.S. Department of Health and Human Services (HHS)—of which ORR is a component—seeking release of the named plaintiffs, certification of their class, vacatur of the new changes to the policy, and declaratory relief. They claimed that the new fingerprint regime violated the Trafficking Victims Protection Reauthorization Act (TVPRA), the Due Process Clause of the Fifth Amendment, and the Administrative Procedure Act (APA).

ORR releases immigrant children to sponsors—individuals, usually a child’s parent, the ORR deems suitable to care for the child while awaiting immigration proceedings. Historically, the vast majority of potential sponsors and their household members were subjected to non-fingerprint background checks, as well as immigration status checks through databases operated by U.S. Citizenship and Immigration Services. According to the complaint, on June 7, 2018, ORR changed its policy to require all sponsors and members of the sponsors' household to undergo fingerprinting before releasing the child to them. ORR also began to share the fingerprints with Immigration and Customs Enforcement (ICE), ostensibly to obtain results of a Department of Homeland Security (DHS) criminal and immigration records check. In April of 2018, ORR signed a memorandum of agreement with ICE and Customs and Border Protection (CBP) under which ORR agreed to share sponsor information, while DHS would provide ORR with immigration status and criminal background information. One month after they entered into the agreement, ICE promulgated regulations that allowed use of the information provided by ORR for immigration enforcement. The plaintiffs alleged in their complaint that the information from the immigration check that DHS provided to ORR was not used in the consideration of whether to approve a sponsor. Essentially, the plaintiffs alleged that the new fingerprint policy only served to provide ICE with information about potential sponsors for immigration enforcement and that any information received in return did not serve ORR’s sponsor approval process. The plaintiffs alleged that these changes drastically increased the amount of time that children waited for release. 

The plaintiffs argued that the new procedure violated the TVPRA because that statute requires the prompt release of children from immigration detention. The TVPRA mandates that release decisions consider only the child's danger to self or the community, the child's risk of flight, and the suitability of the sponsor. The increase in wait times for both a fingerprinting appointment and subsequent results had dramatically increased the amount of time that children spent in custody. The plaintiffs argued that ORR had previously only used fingerprinting in cases with special considerations—fewer than 10% of cases—and the use of fingerprinting in every case violated the TVPRA. Next the plaintiffs asserted that ORR violated the APA, arguing the agency had overstepped its authority. Finally, the plaintiffs asserted that the agency deprived the plaintiffs and similarly situated individuals of their due process rights through the new fingerprinting process, in violation of the Fifth Amendment.

On the same day they filed their complaint, the plaintiffs moved to certify a class, defining their proposed class as “all children in or who will be in ORR custody whose release is contingent on a fingerprint-based background check of their sponsor, sponsors’ household member, or an alternative care giver.”

On November 28, 2018, the court determined that the case was related to L.V.M. v. Lloyd over an objection by the defendants, and the case was reassigned to Judge Paul A. Crotty and Magistrate Judge Kevin Nathaniel Fox.

On December 27, 2018, the court stayed the case at the request of the U.S. Attorney for the Southern District of New York and in light of the lapse of funding to the U.S. Department of Justice (DOJ). The court ordered the U.S. Attorney’s Office to notify the court immediately upon the restoration of funding to the DOJ. 

On January 4, 2019, the plaintiffs filed a letter motion opposing the stay. The court granted the plaintiffs’ motion on January 16, 2019, agreeing with the plaintiffs' assertion that the prolonged detention of immigrant children fell within the exception to the general rule that civil cases be stayed pending the resumption of government appropriations. 

On May 15, 2019, the defendants moved to dismiss the case and asked the court to stay further proceedings until the court decided the motion. On June 3, 2019, the court declined to stay the case pending disposition of the motion to dismiss. 

On February 7, 2020, the case was reassigned to Judge Mary Kay Vyskocil, but was once again reassigned to Judge Paul A. Crotty on March 25, 2020.

On May 27, 2020, the court stayed the plaintiffs' motion to certify the class pending the resolution of settlement discussions. On June 24, 2020, the court ordered the parties to hold a settlement conference and the parties engaged in settlement negotiations until April of 2022. 

While the parties were engaged in settlement talks, the case was reassigned to Magistrate Judge Jennifer E. Willis. 

On April 8, 2022, the parties asked the court to approve their proposed class action settlement. The court preliminarily approved the settlement on May 4, 2022 and also conditionally certified the following class: all unaccompanied children who are or will be in ORR custody whose release is contingent on fingerprint-based background checks. 

On July 22, 2022, the plaintiffs asked the court for final approval of the class action settlement. On July 28, 2022, the court granted approval of the class settlement, certified the class for settlement purposes, and dismissed the case with prejudice pursuant to the terms of the settlement agreement. 

The settlement agreement explained that, because of operational directives ordered in December 2018 and March 2019, ORR had rescinded significant portions of the June 2018 policy. Under the terms of the agreement,

  • ORR agreed to offer digital fingerprinting appointments within 7 business days upon receipt of the requisite application and would notify plaintiffs if it chose to invoke certain exceptions to the requirement in circumstances that were beyond its control;
  • HHS agreed to make reasonable efforts to process the digital and paper fingerprints within 10 business days of the appointment unless circumstances beyond their control occurred; and
  • ORR, within 6 months of the effective date of the settlement, agreed to begin tracking fingerprint processing and appointment scheduling times in a monthly report and would provide this information to plaintiffs' counsel on a monthly basis.

A number of documents in this case were filed under seal and are publicly inaccessible, so this summary may be incomplete.

This case is closed. 

Summary Authors

Rhea Sharma (2/4/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8144613/parties/duchitanga-v-lloyd/


Judge(s)
Attorney for Plaintiff

Adamson, Melissa (New York)

Austin, Paige (New York)

Belsher, Amy (New York)

Birnbaum, Michael David (New York)

Brown, Jennifer Kay (New York)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:18-cv-10332

Class Complaint and Petition for Habeas Corpus

Nov. 6, 2018

Nov. 6, 2018

Complaint
124

1:18-cv-10332

Order and Final Judgment on Class Action Settlement

Duchitanga v. Chapman

July 28, 2022

July 28, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8144613/duchitanga-v-lloyd/

Last updated March 7, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-15874364)Document filed by Norma Duchitanga, Blanca Ortiz, Cledia Hernandez Meza, Diego Garcia Aguilar, Thalia Escarega Rubio.(Austin, Paige) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
2

CIVIL COVER SHEET filed. (Austin, Paige) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
3

MOTION to Certify Class . Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Austin, Paige) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
4

MEMORANDUM OF LAW in Support re: 3 MOTION to Certify Class . . Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
5

DECLARATION of Paige Austin in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Exhibit A to Austin Declaration, # 2 Exhibit B to Austin Declaration, # 3 Exhibit C to Austin Declaration, # 4 Exhibit D to Austin Declaration, # 5 Exhibit E to Austin Declaration, # 6 Exhibit F to Austin Declaration, # 7 Exhibit G to Austin Declaration, # 8 Exhibit H to Austin Declaration, # 9 Exhibit I to Austin Declaration, # 10 Exhibit J to Austin Declaration, # 11 Exhibit K to Austin Declaration, # 12 Exhibit L to Austin Declaration, # 13 Exhibit M to Austin Declaration, # 14 Exhibit N to Austin Declaration, # 15 Exhibit O to Austin Declaration)(Austin, Paige) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
6

DECLARATION of Christopher T. Dunn in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
7

DECLARATION of Paula Garcia-Salazar in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
8

DECLARATION of Norma Duchitanga in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
9

DECLARATION of Blanca Ortiz in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
10

DECLARATION of Diego Garcia Aguilar in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
11

DECLARATION of Thalia Escarega Rubio in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
12

DECLARATION of Cledia Hernandez Meza in Support re: 3 MOTION to Certify Class .. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Austin, Paige) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
13

NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Hodgson, Robert) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
14

NOTICE OF APPEARANCE by Christopher T Dunn on behalf of Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Dunn, Christopher) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER

***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Paige Austin, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (sj)

Nov. 7, 2018

Nov. 7, 2018

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)

Nov. 7, 2018

Nov. 7, 2018

PACER

Case Designated ECF. (sj)

Nov. 7, 2018

Nov. 7, 2018

PACER

CASE REFERRED TO Judge Paul A. Crotty as possibly related to 1:18cv1453. (sj)

Nov. 7, 2018

Nov. 7, 2018

PACER
15

STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-1453-PAC; 18-cv-8993-UA. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Austin, Paige) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
16

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Stephen Bonggyun Kang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15885163. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Affidavit, # 2 Supplement, # 3 Text of Proposed Order)(Kang, Stephen) Modified on 11/8/2018 (ma). (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 16 MOTION for Stephen Bonggyun Kang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15885163. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): THE CERTIFICATE OF GOOD STANDING MUST BE ISSUED BY THE SUPREME COURT OF CALIFORNIA.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ma)

Nov. 8, 2018

Nov. 8, 2018

PACER
17

MOTION for Stephen Bonggyun Kang to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Affidavit, # 2 Supplement, # 3 Text of Proposed Order)(Kang, Stephen) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 MOTION for Stephen Bonggyun Kang to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Nov. 9, 2018

Nov. 9, 2018

PACER
18

LETTER MOTION for Conference Regarding Motion for Preliminary Injunction and Expedited Discovery addressed to Judge Paul A. Crotty from Michael D. Birnbaum dated November 9, 2018. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Birnbaum, Michael) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
19

NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Oestericher, Jeffrey) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
20

OBJECTION TO STATEMENT OF RELATEDNESS re: 15 Statement of Relatedness .Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez.(Oestericher, Jeffrey) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
21

MOTION for Lee Gelernt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15921167. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Affidavit, # 2 Supplement, # 3 Text of Proposed Order)(Gelernt, Lee) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
22

LETTER addressed to Judge Paul A. Crotty from Paige Austin dated 11/15/2018 re: Response to Government's Objection to Statement of Relatedness. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Austin, Paige) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for Lee Gelernt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15921167. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Nov. 16, 2018

Nov. 16, 2018

PACER
23

NOTICE OF APPEARANCE by Lauren M. Gambier on behalf of Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Gambier, Lauren) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
24

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Melissa Adamson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15950654. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit)(Adamson, Melissa) Modified on 11/26/2018 (wb). (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
25

MOTION for Neha Desai to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15950718. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit)(Desai, Neha) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 MOTION for Neha Desai to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15950718. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Nov. 26, 2018

Nov. 26, 2018

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 24 MOTION for Melissa Adamson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15950654. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)

Nov. 26, 2018

Nov. 26, 2018

PACER
26

NOTICE OF APPEARANCE by Jennifer Kay Brown on behalf of Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Brown, Jennifer) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER

CASE ACCEPTED AS RELATED. Create association to 1:18-cv-01453-PAC. Notice of Assignment to follow. (ma)

Nov. 28, 2018

Nov. 28, 2018

PACER

NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Unassigned is no longer assigned to the case. (ma)

Nov. 28, 2018

Nov. 28, 2018

PACER

Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (ma)

Nov. 28, 2018

Nov. 28, 2018

PACER
27

MOTION for Leecia Welch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16003849. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Welch, Leecia) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
28

MOTION for Melissa Adamson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16003953. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit)(Adamson, Melissa) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 27 MOTION for Leecia Welch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16003849. Motion and supporting papers to be reviewed by Clerk's Office staff., 28 MOTION for Melissa Adamson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16003953. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Dec. 6, 2018

Dec. 6, 2018

PACER
29

ORDER granting 17 Motion for Stephen Bonggyun Kang to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER

Order on Motion to Appear Pro Hac Vice

Dec. 10, 2018

Dec. 10, 2018

PACER

Docket Annotation

Dec. 10, 2018

Dec. 10, 2018

PACER
30

ORDER granting 21 Motion for Lee Gelernt to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
31

ORDER granting 25 Motion for Neha Desai to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
32

ORDER granting 27 Motion for Leecia Welch to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
33

ORDER granting 28 Motion for Melissa Adamson to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER

Calendar Entry *DATE CHANGE*: The Pre-Motion Conference scheduled to go forward on Wednesday, December 12, 2018 is rescheduled to: Tuesday, January 8, 2019 @ 4:30 PM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment: the 12/12/18 not a convenient date for the Court. A PDF IS NOT ATTACHED TO THIS ENTRY. (dgo)

Dec. 10, 2018

Dec. 10, 2018

PACER
34

LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Paige Austin dated December 17, 2018. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Austin, Paige) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
35

STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (tro) (Entered: 01/04/2019)

Dec. 27, 2018

Dec. 27, 2018

RECAP

Case Stayed (mro)

Dec. 27, 2018

Dec. 27, 2018

PACER
36

LETTER MOTION to Stay (Opposing Stay) addressed to Judge Paul A. Crotty from Paige Austin dated January 4, 2019. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Exhibit A: DOJ FY2019 Contingency Plan During Lapse in Appropriation, # 2 Exhibit B: Lucas R. v. Azar, 2:18-cv-5741 (DMG) (C.D. Cal. Dec. 27, 2018), # 3 Exhibit C: Garcia Ramirez v. U.S. Immigration and Custom Enforcement, 18-cv-00508 (RC) (D.D.C. Dec. 31, 2018), # 4 Exhibit D: J.E.C.M. v. Hayes, 1:18cv-903 (LBM) (E.D. Va. Jan. 3, 2018), # 5 Exhibit E: Letter from Benjamin M. Moss, Senior Litigation Counsel, Office of Immigration Litigation, U.S. DOJ (Dec. 31, 2018))(Austin, Paige) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER
37

NOTICE OF APPEARANCE by Rachael Lightfoot Doud on behalf of Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Doud, Rachael) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

PACER
38

NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Sun, Anthony) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

PACER

Minute Entry for proceedings held before Judge Paul A. Crotty: Conference held on 1/16/2019. REMARK: Paige Austin, Christopher Dunn, Aadhithi Padmanabhan, Lauren Gambier, Jennifer Brown, and Aadhithi Padmanabhan appeared for the plaintiffs. AUSA's Jeffrey Oestericher, Rebecca Tinio, Rachael Doud, and Anthony Sun appeared for the government. The parties are directed to meet and confer on the discovery request. The stay is lifted, an order will follow. A control date for a conference is set for January 28, 2019 at 11 AM. See transcript for details. (Court Reporter Michael McDaniel) (dgo)

Jan. 16, 2019

Jan. 16, 2019

PACER
39

ORDER, Plaintiffs' motion to lift the stay as it relates to the above-captioned case is GRANTED. SO ORDERED., Motions terminated: 36 LETTER MOTION to Stay (Opposing Stay) addressed to Judge Paul A. Crotty from Paige Austin dated January 4, 2019. filed by Cledia Hernandez Meza, Norma Duchitanga, Thalia Escarega Rubio, Blanca Ortiz, Diego Garcia Aguilar. (Signed by Judge Paul A. Crotty on 1/16/19) (yv) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

RECAP
40

JOINT LETTER addressed to Judge Paul A. Crotty from Michael D. Birnbaum dated January 25, 2019 re: Status of Plaintiffs' Expedited Discovery and Proposed Briefing Schedule. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Birnbaum, Michael) (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

PACER
41

NOTICE OF APPEARANCE by Antony Philip Falconer Gemmell on behalf of Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Gemmell, Antony) (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

PACER
42

MEMO ENDORSEMENT on re: 40 Letter, filed by Cledia Hernandez Meza, Norma Duchitanga, Thalia Escarega Rubio, Blanca Ortiz, Diego Garcia Aguilar. ENDORSEMENT: The proposed Schedule is adopted. SO ORDERED. Alex Azar answer due 3/18/2019; Latise Benn answer due 3/18/2019; Dept. of Health and Human Services answer due 3/18/2019; Scott R. Lloyd answer due 3/18/2019; Elcy Valdez answer due 3/18/2019. (Deposition due by 2/25/2019. Motions due by 3/18/2019. Responses due by 4/8/2019. Replies due by 4/15/2019.) (Signed by Judge Paul A. Crotty on 1/30/2019) (mml) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
43

PROPOSED PROTECTIVE ORDER. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Sun, Anthony) (Entered: 02/21/2019)

Feb. 21, 2019

Feb. 21, 2019

PACER
44

STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...PURSUANT TO STIPULATION, IT IS SO ORDERED. (Signed by Judge Paul A. Crotty on 2/22/19) (yv) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
45

JOINT LETTER MOTION for Extension of Time addressed to Judge Paul A. Crotty from AUSA Anthony J. Sun dated 3/14/2019. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez.(Sun, Anthony) (Entered: 03/14/2019)

March 14, 2019

March 14, 2019

PACER
46

ORDER granting 45 Letter Motion for Extension of Time. Extensions granted. SO ORDERED. (Motions due by 4/1/2019.) (Signed by Judge Paul A. Crotty on 3/15/19) (yv) (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

PACER

Set/Reset Deadlines: Alex Azar answer due 4/1/2019; Latise Benn answer due 4/1/2019; Dept. of Health and Human Services answer due 4/1/2019; Scott R. Lloyd answer due 4/1/2019; Elcy Valdez answer due 4/1/2019. Responses due by 4/22/2019. Replies due by 4/29/2019. (yv)

March 15, 2019

March 15, 2019

PACER
47

LETTER MOTION for Extension of Time to File Answer re: 1 Petition for Writ of Habeas Corpus, addressed to Judge Paul A. Crotty from AUSA Anthony J. Sun dated 3/28/2019. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Attachments: # 1 Exhibit A - March 2019 Operational Directive)(Sun, Anthony) (Entered: 03/28/2019)

March 28, 2019

March 28, 2019

PACER
48

LETTER MOTION for Extension of Time to file Motion for Preliminary Injunction addressed to Judge Paul A. Crotty from Plaintiffs' Counsel Robert Hodgson dated March 29, 2019. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Exhibit March 2019 Policy Change)(Hodgson, Robert) (Entered: 03/29/2019)

March 29, 2019

March 29, 2019

PACER
49

ORDER granting 48 Letter Motion for Extension of Time. The requested adjournment is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/29/19) (yv) (Entered: 03/29/2019)

March 29, 2019

March 29, 2019

RECAP
50

ORDER granting 47 Letter Motion for Extension of Time to Answer re 1 Petition for Writ of Habeas Corpus,. The 2 week adjournment is granted. This order is to be held consistently with endorsement on the NYCLU letter of 3/29/2019. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/29/19) (yv) (Entered: 03/29/2019)

March 29, 2019

March 29, 2019

RECAP
51

LETTER addressed to Judge Paul A. Crotty from Plaintiffs' Counsel Robert Hodgson dated April 15, 2019 re: Updating the Court Regarding the Plaintiffs' Intention Not to File a Preliminary Injunction Motion at This Time and Request For a Scheduling Conference. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Hodgson, Robert) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
52

LETTER addressed to Judge Paul A. Crotty from AUSA Anthony J. Sun dated 4/15/2019 re: proposed briefing schedule for motion to dismiss. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez.(Sun, Anthony) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
53

MEMO ENDORSEMENT on re: 51 Letter Updating the Court Regarding the Plaintiffs' Intention Not to File a Preliminary Injunction Motion at This Time and Request For a Scheduling Conference, filed by Cledia Hernandez Meza, Norma Duchitanga, Thalia Escarega Rubio, Blanca Ortiz, Diego Garcia Aguilar. ENDORSEMENT: The plaintiffs may seek leave to file a P.I. motion if ORR's current policy on finger printing changes. A conference will be held on May 15, 2019 at 12pm. SO ORDERED., (Status Conference set for 5/15/2019 at 12:00 PM before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 4/16/19) (yv) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
54

MEMO ENDORSEMENT on re: 52 Letter proposing briefing schedule, filed by Scott R. Lloyd, Latise Benn, Alex Azar, Dept. of Health and Human Services, Elcy Valdez. ENDORSEMENT: The proposed schedule is adopted. SO ORDERED., (Motions due by 5/15/2019., Responses due by 6/10/2019, Replies due by 6/20/2019.) (Signed by Judge Paul A. Crotty on 4/16/19) (yv) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER

Docket Annotation

May 13, 2019

May 13, 2019

PACER

Calendar Entry *DATE CHANGE*: The Initial Conference scheduled to go forward on Wednesday, May 15, 2019 is rescheduled to: Monday, June 3, 2019 @ 11:00 AM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment: the 5/15/19 no longer a convenient date for the Court. A PDF IS NOT ATTACHED TO THIS ENTRY.(dgo)

May 13, 2019

May 13, 2019

PACER
55

MOTION to Dismiss Complaint. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez.(Doud, Rachael) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
56

MEMORANDUM OF LAW in Support re: 55 MOTION to Dismiss Complaint. . Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Doud, Rachael) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
57

DECLARATION of Jallyn Sualog in Support re: 55 MOTION to Dismiss Complaint.. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Doud, Rachael) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
58

NOTICE OF APPEARANCE by Amy Belsher on behalf of Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza. (Belsher, Amy) (Entered: 05/28/2019)

May 28, 2019

May 28, 2019

PACER
59

LETTER addressed to Judge Paul A. Crotty from Robert Hodgson dated May 31, 2019 re: letter in anticipation of June 3 scheduling conference and in response to the government's request to stay all discovery (ECF No. 56). Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Hodgson, Robert) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER

Minute Entry for proceedings held before Judge Paul A. Crotty: Initial Pretrial Conference held on 6/3/2019. REMARK: Robert Hodgson, Christopher Dunn, and Jennifer Brown appeared for the petitioners. AUSA'sRachael Doud, Jeffrey Oestericher, and Anthony Sun appeared for the respondents. The motion for a stay was denied. The parties were directed to submit a CCMP by June 10, 2019, and to meet and confer on their current disputes. See transcript for details. (Court Reporter Michael McDaniel) (dgo)

June 3, 2019

June 3, 2019

PACER
60

ORDER denying 55 Motion to Dismiss. For the reasons stated at today's conference, the Government's motion to stay discovery until its motion to dismiss is fully briefed and decided by the Court is DENIED. The parties are to confer and submit a proposed case management plan by June 10, 2019. SO ORDERED. (Signed by Judge Paul A. Crotty on 6/3/2019) (ks) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

RECAP
61

MEMORANDUM OF LAW in Opposition re: 55 MOTION to Dismiss Complaint. for Plaintiffs/Petitioners. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Gemmell, Antony) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
62

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 64 Declaration) - DECLARATION of Robert Hodgson in Support re: 55 MOTION to Dismiss Complaint.. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Exhibit in support of Hodgson Declaration, # 2 Exhibit in support of Hodgson Declaration, # 3 Exhibit in support of Hodgson Declaration)(Gemmell, Antony) Modified on 6/11/2019 (db). (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
63

PROPOSED CASE MANAGEMENT PLAN. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Gemmell, Antony) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
64

DECLARATION of Robert Hodgson in Support re: 61 Memorandum of Law in Opposition to Motion,. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz. (Attachments: # 1 Exhibit in support of Hodgson Declaration, # 2 Exhibit in support of Hodgson Declaration, # 3 Exhibit in support of Hodgson Declaration)(Gemmell, Antony) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

PACER
65

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. ยง 636(c). This case is not to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. All counsel must meet face-to-face for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery. Counsel for the parties have conferred and their present best estimate of the length of trial is: 1 week. Deposition due by 10/31/2019. Fact Discovery due by 10/31/2019. Expert Discovery due by 12/31/2019. Discovery due by 8/20/2019. Pretrial Conference set for 9/17/2019 at 11:45 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (And as further set forth in this Order). (Signed by Judge Paul A. Crotty on 6/11/2019) (jca) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

PACER
66

TRANSCRIPT of Proceedings re: conference held on 6/3/2019 before Judge Paul A. Crotty. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/3/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/10/2019.(McGuirk, Kelly) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

PACER
67

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 6/3/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

PACER
68

LETTER MOTION for Extension of Time to File Reply Brief addressed to Judge Paul A. Crotty from Rachael L. Doud dated June 13, 2019. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez.(Doud, Rachael) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
69

ORDER granting 68 LETTER MOTION for Extension of Time to File Reply Brief addressed to Judge Paul A. Crotty from Rachael L. Doud dated June 13, 2019. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. The one week extension is granted. So ordered. (Signed by Judge Paul A. Crotty on 6/13/2019) (rjm) (Entered: 06/14/2019)

June 13, 2019

June 13, 2019

PACER

Set/Reset Deadlines: Replies due by 6/27/2019. (rjm)

June 13, 2019

June 13, 2019

PACER
70

REPLY MEMORANDUM OF LAW in Support re: 55 MOTION to Dismiss Complaint. . Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Doud, Rachael) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
71

DECLARATION of Jallyn Sualog in Support re: 55 MOTION to Dismiss Complaint.. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Doud, Rachael) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
72

LETTER addressed to Judge Paul A. Crotty from AUSA Anthony J. Sun dated 7/11/2019 re: Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act. Document filed by Alex Azar, Latise Benn, Dept. of Health and Human Services, Scott R. Lloyd, Elcy Valdez. (Attachments: # 1 Exhibit H.R. 3401 (Pub. Law 116-26))(Sun, Anthony) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
73

LETTER addressed to Judge Paul A. Crotty from Robert Hodgson dated July 18, 2019, re: In response to the government's letter of July 11th (ECF No. 72) regarding its Motion to Dismiss. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Hodgson, Robert) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
74

LETTER addressed to Judge Paul A. Crotty from Robert Hodgson on behalf of the parties dated 9/5/2019 re: upcoming pretrial conference scheduled for September 17, 2019. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Hodgson, Robert) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
75

MEMO ENDORSEMENT on re: 74 Letter, filed by Cledia Hernandez Meza, Norma Duchitanga, Thalia Escarega Rubio, Blanca Ortiz, Diego Garcia Aguilar. ENDORSEMENT: The matter will be adjourned for 45 days to November 4 2019 at 11 AM. The parties may request an earlier conference if they so desire. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/6/2019) (ks) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER

Set/Reset Hearings: Pretrial Conference set for 11/4/2019 at 11:00 AM before Judge Paul A. Crotty. (ks)

Sept. 6, 2019

Sept. 6, 2019

PACER
76

LETTER addressed to Judge Paul A. Crotty from Robert Hodgson dated 10/31/2019 re: Letter on behalf of the parties regarding upcoming conference scheduled for November 4, 2019. Document filed by Norma Duchitanga, Thalia Escarega Rubio, Diego Garcia Aguilar, Cledia Hernandez Meza, Blanca Ortiz.(Hodgson, Robert) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 6, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All unaccompanied children who are or will be in ORR custody whose release is contingent on fingerprint-based background checks.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Office of Refugee Resettlement, Federal

Department of Health and Human Services, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Mandamus, 28 U.S.C. § 1361

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Due Process

Special Case Type(s):

Habeas

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Conditional Dismissal

Order Duration: 2022 - 2024

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Placement in detention facilities

Immigration/Border:

Detention - criteria

Detention - procedures