Case: Castanon Nava v. Department of Homeland Security

1:18-cv-03757 | U.S. District Court for the Northern District of Illinois

Filed Date: May 29, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about pretextual vehicle stops used to apprehend undocumented noncitizens in the Chicago area. On May 29, 2018, five noncitizens and two nongovernmental organizations filed this putative class action lawsuit against the Department of Homeland Security and United Stated Immigration and Customs Enforcement (ICE) in the United States District Court for the Northern District of Illinois. Represented by the ACLU, the National Immigrant Justice Center, and private counsel, the plaintif…

This is a case about pretextual vehicle stops used to apprehend undocumented noncitizens in the Chicago area.

On May 29, 2018, five noncitizens and two nongovernmental organizations filed this putative class action lawsuit against the Department of Homeland Security and United Stated Immigration and Customs Enforcement (ICE) in the United States District Court for the Northern District of Illinois. Represented by the ACLU, the National Immigrant Justice Center, and private counsel, the plaintiffs brought suit under 8 U.S.C. § 1357(a)(2), 5 U.S.C. §§ 701-706 of the Administrative Procedure Act, 287(a)(2) of the Immigration and Nationality Act (INA), and the Fourth Amendment, and sought declaratory and injunctive relief, as well as attorneys’ fees. The case was assigned to District Judge Rebecca R. Pallmeyer.

The named plaintiffs sought to represent a class of all detained current and future persons arrested by ICE without a warrant within the area of responsibility of the ICE Chicago Field Office. The plaintiffs requested that the court issue three permanent injunctions:

  1. enjoining ICE from making warrantless arrests without an individualized probable cause determination that the arrestee posed a flight risk;
  2. requiring ICE to end traffic stops of individuals in vehicles where there was no reasonable suspicion that an individual identified for immigration enforcement was within the vehicle; and
  3. requiring ICE to adopt a policy for establishing and documenting reasonable suspicion in traffic stops of individuals that comported with the Fourth Amendment.

The plaintiffs also moved for a temporary restraining order and preliminary injunction. One month later the plaintiffs amended their complaint. In August of 2018 the defendants moved to dismiss, but in December the plaintiffs filed a second amended complaint. Neither the complaint nor first amended complaint are publicly available. Details from this case are coming from the second amended complaint.

In March of 2019 defendants moved to dismiss for failure to state a claim and for lack of jurisdiction. On January 24, 2020, Judge Pallmeyer denied the defendants' motions to dismiss. Judge Pallmeyer found the challenge was not action taken for the purpose of removal and therefore there was no jurisdictional bar under the INA and the U.S. code on judicial review of orders of removal. The Administrative Procedure Act is not a jurisdiction-conferring statute so it could not bar jurisdiction. Next the defendants challenged the organizational plaintiffs’ standing. Judge Pallmeyer found the plaintiffs were forced to divert resources in response to the defendants’ unlawful practices, which is an injury traceable to the defendants' actions that could be redressed by a favorable decision. The defendants’ motion to dismiss for failure to state a claim argued that the plaintiffs had not sufficiently pled a final agency action, as is required under the Administrative Procedure Act. However, Judge Pallmeyer found the plaintiffs were challenging a discrete agency action: ICE’s alleged policy of warrantless arrest that failed to comply with the INA. The defendants also argued that the decision to make an arrest was not a final agency action, as next there would need to be a decision to initiate removal proceedings. Judge Pallmeyer found the decision to make an arrest is also a final decision. The defendants lastly argued if the plaintiffs had shown final agency action here, every immigration arrest would have to be litigated federally instead of immigration court. Judge Pallmeyer differentiated this case by explaining these claims are removed from the issue of removability. 435 F.Supp.3d 880.

In July of 2020 the case was referred to Magistrate Judge Jeffrey Cummings for the purpose of proceeding with a settlement conference. The parties continued to negotiate and filed a joint motion for preliminary approval of the settlement in October of 2021. Judge Pallmeyer signed a preliminary approval order in December of 2021 and a final approval order February 8, 2022. The settlement’s effective period was three years. The terms included a nationwide broadcast of a statement of policy on warrantless arrests and vehicle stops. ICE officers would be trained, and the policy would be incorporated into training materials. The defendants would provide the plaintiffs with documentation of all warrantless arrests conducted in the Northern District of Illinois monthly throughout the effective period. Class members arrested contrary to the agreement must be released. Each of the named plaintiffs must undergo review for deferred action. The parties agreed that the plaintiffs are entitled to attorney fees and costs in the amount of $369,939.41. This case is ongoing as of December 9, 2022.

Summary Authors

Zoe Van Dyke (11/23/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6952165/parties/castanon-nava-v-department-of-homeland-security/


Judge(s)
Attorney for Plaintiff

Fleming, Mark M. (Illinois)

Attorney for Defendant

Bateman, William Carey (Illinois)

Byrd, Sarah Abigail (Illinois)

Cheng, Linda Y (Illinois)

Chicago, AUSA - (Illinois)

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Documents in the Clearinghouse

Document
58

1:18-cv-03757

Second Amended Complaint for Declaratory and Injunctive Relief

Dec. 18, 2018

Dec. 18, 2018

Complaint
88

1:18-cv-03757

Memorandum Opinion and Order

Jan. 24, 2020

Jan. 24, 2020

Order/Opinion

435 F.Supp.3d 435

1:18-cv-03757

Settlement Agreement and Release

Nov. 23, 2021

Nov. 23, 2021

Settlement Agreement
146-1

1:18-cv-03757

Settlement Agreement and Release

Nov. 30, 2021

Nov. 30, 2021

Settlement Agreement
158

1:18-cv-03757

Final Approval Order

Feb. 8, 2022

Feb. 8, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6952165/castanon-nava-v-department-of-homeland-security/

Last updated April 17, 2024, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT CLASS ACTION filed by Margarito Castanon Nava, John Doe; Filing fee $ 400, receipt number 0752-14521907. (Attachments: # 1 Exhibit A)(Fleming, Mark) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
2

CIVIL Cover Sheet (Fleming, Mark) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
3

ATTORNEY Appearance for Plaintiffs Margarito Castanon Nava, John Doe by Mark M. Fleming (Fleming, Mark) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
4

ATTORNEY Appearance for Plaintiffs Margarito Castanon Nava, John Doe by Mark M. Fleming (Fleming, Mark) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
5

ATTORNEY Appearance for Plaintiffs Margarito Castanon Nava, John Doe by Katherine Elizabeth Mello Goettel (Goettel, Katherine) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER

case assigned

May 30, 2018

May 30, 2018

PACER

CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. Designated as Magistrate Judge the Honorable Michael T. Mason. (pj, )

May 30, 2018

May 30, 2018

PACER

summons issued as to USA

May 30, 2018

May 30, 2018

PACER

SUMMONS Issued as to Ricardo Wong, U.S. Attorney, and U.S. Attorney General (jn, )

May 30, 2018

May 30, 2018

PACER

SUMMONS Issued as to Defendant Immigration and Customs Enforcement (jn, )

May 30, 2018

May 30, 2018

PACER

summons issued

May 30, 2018

May 30, 2018

PACER
6

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (tt, ) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
7

MOTION by Plaintiffs Margarito Castanon Nava, John Doe to certify class (Goettel, Katherine) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
8

NOTICE of Motion by Katherine Elizabeth Mello Goettel for presentment of motion to certify class 7 before Honorable Rebecca R. Pallmeyer on 6/11/2018 at 09:00 AM. (Goettel, Katherine) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
9

MOTION by Plaintiffs Margarito Castanon Nava, John Doe to seal document (Attachments: # 1 Redacted Motion for Leave to File Under a Pseudonym, # 2 Redacted Memorandum In Support of Pseudonym Motion, # 3 Redacted Ex. A - John Doe Declaration)(Goettel, Katherine) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
10

NOTICE of Motion by Katherine Elizabeth Mello Goettel for presentment of motion to seal document, 9 before Honorable Rebecca R. Pallmeyer on 6/11/2018 at 09:00 AM. (Goettel, Katherine) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER

SUMMONS Issued as to Defendants Thomas D. Homan, Kirstjen Nielsen (jn, )

May 30, 2018

May 30, 2018

PACER
11

SEALED MOTION by Plaintiffs Margarito Castanon Nava, John Doe - Motion for Leave to Proceed Under a Pseudonym (Attachments: # 1 Memorandum of Facts and Law in Support of Pseudonym Motion, # 2 Ex. A - Declaration of John Doe)(Goettel, Katherine) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
12

DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants Department of Homeland Security, Thomas D. Homan, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), Ricardo Wong (Oswald, Craig) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
13

MOTION by Plaintiffs Margarito Castanon Nava, John Doe for leave to file excess pages (Goettel, Katherine) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
14

MOTION by Plaintiffs Margarito Castanon Nava, John Doe for temporary restraining order, MOTION by Plaintiffs Margarito Castanon Nava, John Doe for preliminary injunction (Attachments: # 1 Memorandum of Law in Support of Motion for Temporary Restraining Order and Preliminary Injunction, # 2 Ex. A - Affidavit of Castanon Nava, # 3 Ex. B - Declaration of John Doe, # 4 Ex. C - M69 Manual - The Law of Arrest, Search, and Seizure)(Goettel, Katherine) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
15

NOTICE of Motion by Katherine Elizabeth Mello Goettel for presentment of motion for temporary restraining order,, motion for preliminary injunction, 14, Sealed motion, 11, motion for leave to file excess pages 13 before Honorable Rebecca R. Pallmeyer on 6/11/2018 at 09:00 AM. (Goettel, Katherine) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
16

ATTORNEY Appearance for Defendants Department of Homeland Security, Thomas D. Homan, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), Ricardo Wong by Linda Y Cheng (Cheng, Linda) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
17

ATTORNEY Appearance for Defendants Department of Homeland Security, Thomas D. Homan, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), Ricardo Wong by Wisecup Lloyd Jason (Jason, Wisecup) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
18

ATTORNEY Appearance for Defendants Department of Homeland Security, Thomas D. Homan, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), Ricardo Wong by Wisecup Lloyd Jason (Jason, Wisecup) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
19

ATTORNEY Appearance for Defendants Department of Homeland Security, Thomas D. Homan, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), Ricardo Wong by Linda Y Cheng (Cheng, Linda) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
20

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion hearing held on 6/11/2018, Motion for class certification under Federal Rule of Civil Procedure 23 7, and Plaintiffs' motion for a Temporary Restraining Order and Preliminary Injunction 14 are entered and continued for briefing. Response to be filed by or on 7/2/2018; reply to be filed by or on 7/9/2018; hearing set for 7/13/2018 at 9:30 AM. Motion for leave to file under seal 9, motion to file excess pages 13, and motion for leave to proceed under a pseudonym 11 are granted. Mailed notice. (etv, ) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
21

FIRST AMENDED complaint by Margarito Castanon Nava, John Doe against All Defendants (Attachments: # 1 Appendix Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N)(Fleming, Mark) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
22

MOTION by Plaintiffs Margarito Castanon Nava, John Doe for leave to file Supplemental Declarations in Support of Motion for Temporary Restraining Order / Preliminary Injunction (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H, # 4 Exhibit I, # 5 Exhibit J, # 6 Exhibit K, # 7 Exhibit L, # 8 Exhibit M, # 9 Exhibit N)(Fleming, Mark) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
23

NOTICE of Motion by Mark M. Fleming for presentment of motion for leave to file, 22 before Honorable Rebecca R. Pallmeyer on 7/2/2018 at 09:00 AM. (Fleming, Mark) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
24

MOTION by Plaintiffs Margarito Castanon Nava, John Doe for discovery (Attachments: # 1 Memorandum of Law in support of Class Discovery Motion, # 2 Ex. 1 - Request for Production of Documents, # 3 Ex. 2 - Interrogatories)(Goettel, Katherine) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
25

NOTICE of Motion by Katherine Elizabeth Mello Goettel for presentment of motion for discovery, 24 before Honorable Rebecca R. Pallmeyer on 7/2/2018 at 09:00 AM. (Goettel, Katherine) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
26

RESPONSE by Department of Homeland Security, Thomas D. Homan, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), Ricardo Wongin Opposition to MOTION by Plaintiffs Margarito Castanon Nava, John Doe for temporary restraining order MOTION by Plaintiffs Margarito Castanon Nava, John Doe for preliminary injunction 14 (Attachments: # 1 Exhibit Doe Warrant of Arrest, # 2 Exhibit Nava Warrant of Arrest)(Cheng, Linda) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
27

RESPONSE by Department of Homeland Security, Thomas D. Homan, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), Ricardo Wongin Opposition to MOTION by Plaintiffs Margarito Castanon Nava, John Doe to certify class 7 (Jason, Wisecup) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
28

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion hearing held on 7/2/2018. Plaintiffs' motion to file additional declarations in support of motion for Temporary Restraining Order and Preliminary Injunction 22 is granted without prejudice to ruling on the pending motions on the existing record. Motion for class discovery and modification of class briefing schedule 24 is denied without prejudice. Date for reply in support of motion for a Plaintiffs' motion for a Temporary Restraining Order and Preliminary Injunction 14 is extended to 7/16/2018; hearing set for 7/13/2018 is stricken and re-set to 7/20/2018 at 9:30 AM. Mailed notice. (etv, ) (Entered: 07/03/2018)

July 2, 2018

July 2, 2018

PACER
29

MOTION by Plaintiffs Margarito Castanon Nava, John DoeJoint Motion to Set/Reset Case Deadlines (Attachments: # 1 Text of Proposed Order)(Fleming, Mark) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
30

JOINT MOTION to Set/Reset Case Deadlines NOTICE of Motion by Mark M. Fleming for presentment of motion for temporary restraining order,, motion for preliminary injunction, 14, motion for miscellaneous relief 29, motion to certify class 7 before Honorable Rebecca R. Pallmeyer on 7/17/2018 at 08:45 AM. (Fleming, Mark) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
31

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Joint motion to set/reset case deadlines 29 is granted without an appearance. Plaintiffs' Motion for a Temporary Restraining Order 14 is withdrawn, with prejudice. Defendants shall have up to and including August 17, 2018 to respond to the First Amended Complaint. Plaintiffs' Motion for Class Certification 7 is stayed. The hearing set for July 20, 2018 at 9:30 a.m., is stricken. (For further detail see Order.) Mailed notice. (etv, ) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

RECAP
32

ORDER RESETTING CASE DEADLINES : Signed by the Honorable Rebecca R. Pallmeyer on 7/13/2018. Mailed notice. (etv, ) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

RECAP
33

SUMMONS Returned Executed by Margarito Castanon Nava, John Doe as to All Defendants (Fleming, Mark) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
34

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing set for 8/22/2018 at 09:00 AM. Mailed notice. (etv, ) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
35

MOTION by Defendants Department of Homeland Security, Thomas D. Homan, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), Ricardo Wong for leave to file excess pages (Cheng, Linda) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
36

NOTICE of Motion by Linda Y Cheng for presentment of motion for leave to file excess pages 35 before Honorable Rebecca R. Pallmeyer on 8/22/2018 at 08:45 AM. (Cheng, Linda) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
37

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Thomas D. Homan, U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security, Ricardo Wong, Kirstjen Nielsen, MOTION by Defendants Thomas D. Homan, U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security, Ricardo Wong, Kirstjen Nielsen to dismiss for lack of jurisdiction (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Cheng, Linda) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
38

NOTICE of Motion by Linda Y Cheng for presentment of Motion to Dismiss for Failure to State a Claim,,, motion to dismiss/lack of jurisdiction,, 37 before Honorable Rebecca R. Pallmeyer on 8/22/2018 at 08:45 AM. (Cheng, Linda) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
39

MINUTE entry before the Honorable Rebecca R. Pallmeyer: By agreement, Defendants' motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) 37 is entered and continued for briefing. Response to be filed by or on 9/14/2018; reply to be filed by or on 9/28/2018. Unopposed motion to exceed page limit for memorandum of law in support of Defendants' motion to dismiss 35 is granted. Status hearing and appearance on motions set for 8/22/2018 is stricken. Mailed notice. (etv, ) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
40

ATTORNEY Appearance for Defendants Department of Homeland Security, Thomas D. Homan, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), Ricardo Wong by Sarah Abigail Byrd (Byrd, Sarah) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
41

ATTORNEY Appearance for Plaintiffs Margarito Castanon Nava, John Doe by Keren Hart Zwick (Zwick, Keren) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
42

ATTORNEY Appearance for Plaintiffs Margarito Castanon Nava, John Doe by Ivan Michael Poullaos (Poullaos, Ivan) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
43

ATTORNEY Appearance for Plaintiffs Margarito Castanon Nava, John Doe by Zachary L Sorman (Sorman, Zachary) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
44

ATTORNEY Appearance for Plaintiffs Margarito Castanon Nava, John Doe by Nasir Hussain (Hussain, Nasir) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
45

MEMORANDUM by Margarito Castanon Nava, John Doe in Opposition to Motion to Dismiss for Failure to State a Claim,,, motion to dismiss/lack of jurisdiction,, 37 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Poullaos, Ivan) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
46

REPLY by Defendants Department of Homeland Security, Thomas D. Homan, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), Ricardo Wong to memorandum in opposition to motion 45 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cheng, Linda) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
47

Notice of Supplemental Authority by Department of Homeland Security, Thomas D. Homan, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), Ricardo Wong (Attachments: # 1 Exhibit Aguilar v. ICE)(Byrd, Sarah) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

PACER
48

RESPONSE by Plaintiffs Margarito Castanon Nava, John Doe to other 47 Government's Notice of Supplemental Authority (Poullaos, Ivan) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
49

NOTICE by All Defendants of No Receipt of Amended Complaint (Byrd, Sarah) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
50

RESPONSE by Plaintiffs Margarito Castanon Nava, John Doe to notice of filing 49 (Poullaos, Ivan) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
51

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing set for 12/18/2018 at 09:00 AM. Mailed notice. (etv, ) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
52

ATTORNEY Appearance for Plaintiffs Margarito Castanon Nava, John Doe by Dan Huy Hoang (Hoang, Dan) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
53

RESPONSE by Plaintiffs Margarito Castanon Nava, John Doe to notice of filing 49 Supplement to 50 (Poullaos, Ivan) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
54

MOTION by Plaintiffs Margarito Castanon Nava, John Doe for leave to file their Second Amended Complaint (Unopposed) (Attachments: # 1 Second Amended Complaint, # 2 Index of Exhibits, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Text of Proposed Order)(Sorman, Zachary) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
55

NOTICE of Motion by Zachary L Sorman for presentment of motion for leave to file, 54 before Honorable Rebecca R. Pallmeyer on 12/19/2018 at 08:45 AM. (Sorman, Zachary) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
56

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's unopposed motion for leave to file their Second Amended Complaint 54 is granted without an appearance. By agreement, Defendant to Answer or otherwise plead by or on 1/31/2019. Status hearing set for 12/18/2018 is stricken. Mailed notice. (etv, ) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
57

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Amended complaint having been filed, pending motions [7, 37] are stricken without prejudice. Mailed notice. (etv, ) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER
58

Second AMENDED complaint by John Doe, Margarito Castanon Nava, Miguel Cortes Torres, Illinois Coalition for Immigrant and Refugee Rights, Organization Communities Against Deportations, Guillermo Hernandez Hernandez, Erick Rivera Sales against Department of Homeland Security, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), Ricardo Wong, Ronald D Vitiello and terminating Thomas D. Homan (Acting Director, ICE) for Declaratory and Injunctive Relief (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N)(Sorman, Zachary) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

Clearinghouse
59

GENERAL ORDER 18-0028 dated 12/26/18: IT IS HEREBY ORDERED, effective December 26, 2018, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 12/26/2018:Mailed notice(mc, ) (Entered: 12/28/2018)

Dec. 26, 2018

Dec. 26, 2018

RECAP
60

AMENDED GENERAL ORDER 18-0028 dated 01/08/2019: On December 26, 2018, General Order 18-0028 was entered. It appearing that the lapse of congressional appropriations funding the federal government continues, therefore General Order 18-0028 is now amended. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/8/2019: Mailed notice. (sm, ) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
61

GENERAL ORDER 19-0004: RESETTING OF DEADLINES IN CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY. IT APPEARING THAT as a result of the partial federal government shutdown, this Court amended General Order 18-0028 suspending as of December 21, 2018, all civil litigation in which the United States of America, its agencies, its officers, or employees were parties, with the stated intention of clarifying schedules in such cases upon the expiration of the lapse in appropriations; and IT FURTHER APPEARING THAT appropriations having been restored to fund the Department of Justice and other Executive Branch agencies, with employees beginning to report for work beginning on January 28, 2019; accordingly IT IS THEREFORE ORDERED that the stay entered by General Order 18-0028 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement.), including but not limited to any scheduled discovery and pleading dates, are extended by 42 days. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/28/2019: Mailed notice. (mgw, ) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

RECAP
62

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing set for 2/19/2019 at 09:00 AM. Mailed notice. (etv, ) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
63

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held on 2/19/2019. Motion to dismiss to be filed by or on 3/14/2019; response to be filed by or on 4/11/2019; reply to be filed by or on 5/2/2019; ruling to be made by mail. Mailed notice. (etv, ) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
64

MOTION by Defendants Department of Homeland Security, Thomas D. Homan, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), Ronald D Vitiello, Ricardo Wong for leave to file excess pages (Cheng, Linda) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

PACER
65

NOTICE of Motion by Linda Y Cheng for presentment of motion for leave to file excess pages 64 before Honorable Rebecca R. Pallmeyer on 3/21/2019 at 08:45 AM. (Cheng, Linda) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

PACER
66

MOTION by Defendants Thomas D. Homan, Department of Homeland Security, Ricardo Wong, Ronald D Vitiello, U.S. Immigration and Customs Enforcement (ICE), Kirstjen Nielsen to dismiss for lack of jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Thomas D. Homan, Department of Homeland Security, Ricardo Wong, Ronald D Vitiello, U.S. Immigration and Customs Enforcement (ICE), Kirstjen Nielsen (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Cheng, Linda) (Entered: 03/14/2019)

March 14, 2019

March 14, 2019

PACER
67

NOTICE of Motion by Linda Y Cheng for presentment of motion to dismiss/lack of jurisdiction,,, Motion to Dismiss for Failure to State a Claim,, 66 before Honorable Rebecca R. Pallmeyer on 3/21/2019 at 08:45 AM. (Cheng, Linda) (Entered: 03/14/2019)

March 14, 2019

March 14, 2019

PACER
68

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Unopposed motion to exceed page limit for memorandum of law in support of Defendants' motion to dismiss Plaintiffs' second amended complaint pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) 64 is granted. Mailed notice. (etv, ) (Entered: 03/14/2019)

March 14, 2019

March 14, 2019

RECAP
69

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Briefing schedule having been entered on Defendants' motion to dismiss Plaintiffs' Second Amended Complaint 66, motion is entered and continued. Appearance on 3/21/2019 is stricken. Mailed notice. (etv, ) (Entered: 03/20/2019)

March 20, 2019

March 20, 2019

RECAP
70

ATTORNEY Appearance for Plaintiffs Margarito Castanon Nava, John Doe, Guillermo Hernandez Hernandez, Illinois Coalition for Immigrant and Refugee Rights, Organization Communities Against Deportations, Erick Rivera Sales, Miguel Cortes Torres by Karen A. Sheley (Sheley, Karen) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
71

ATTORNEY Appearance for Plaintiffs Margarito Castanon Nava, John Doe, Guillermo Hernandez Hernandez, Illinois Coalition for Immigrant and Refugee Rights, Organization Communities Against Deportations, Erick Rivera Sales, Miguel Cortes Torres by Rebecca Kim Glenberg (Glenberg, Rebecca) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
72

ATTORNEY Appearance for Plaintiffs Margarito Castanon Nava, John Doe, Guillermo Hernandez Hernandez, Illinois Coalition for Immigrant and Refugee Rights, Organization Communities Against Deportations, Erick Rivera Sales, Miguel Cortes Torres by Kathryn Hunt Muse (Muse, Kathryn) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
73

ATTORNEY Appearance for Plaintiffs Margarito Castanon Nava, John Doe, Guillermo Hernandez Hernandez, Illinois Coalition for Immigrant and Refugee Rights, Organization Communities Against Deportations, Erick Rivera Sales, Miguel Cortes Torres by Aaron J Siebert-llera (Siebert-llera, Aaron) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
74

MEMORANDUM by Margarito Castanon Nava, John Doe, Guillermo Hernandez Hernandez, Illinois Coalition for Immigrant and Refugee Rights, Organization Communities Against Deportations, Erick Rivera Sales, Miguel Cortes Torres in Opposition to motion to dismiss/lack of jurisdiction,,, Motion to Dismiss for Failure to State a Claim,, 66 (Attachments: # 1 Exhibit A)(Poullaos, Ivan) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
75

REPLY by Defendants Department of Homeland Security, Thomas D. Homan, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), Ronald D Vitiello, Ricardo Wong to memorandum in opposition to motion, 74 (Cheng, Linda) (Entered: 05/02/2019)

May 2, 2019

May 2, 2019

PACER
76

MOTION by Plaintiffs Margarito Castanon Nava, John Doe To Set a Deadline for Defendants to File an Answer to the Second Amended Complaint Pursuant to the Mandatory Initial Discovery Pilot Program (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Text of Proposed Order)(Poullaos, Ivan) Modified on 7/1/2019 (ntf, ). Modified on 1/27/2020 (ntf, ). (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER
77

NOTICE of Motion by Ivan Michael Poullaos for presentment of motion for miscellaneous relief, 76 before Honorable Rebecca R. Pallmeyer on 6/27/2019 at 08:45 AM. (Poullaos, Ivan) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER
78

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion hearing held on 6/27/2019. Plaintiffs' motion to set a deadline for Defendants to file an Answer to the Second Amended Complaint pursuant to the Mandatory Initial Discovery Pilot Program 76 is granted. Response to be filed by or on 7/11/2019; reply to be filed by or on 7/18/2019; ruling set for 7/31/2019 at 9:30 AM. Mailed notice. (etv, ) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
79

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Minute entry dated 6/27/19 78 is amended as follows: Plaintiffs' motion to set a deadline for Defendants to file an Answer to the Second Amended Complaint pursuant to the Mandatory Initial Discovery Pilot Program 76 is entered and continued. Remainder of order shall stand. Notice mailed by judge's staff (ntf, ) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
80

ATTORNEY Appearance for Defendants Department of Homeland Security, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement, Ronald D Vitiello, Ricardo Wong by William Herrick Weiland (Weiland, William) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
81

MEMORANDUM by Department of Homeland Security, Thomas D. Homan, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement, Ronald D Vitiello, Ricardo Wong in Opposition to motion for miscellaneous relief, 76 (Weiland, William) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
82

ATTORNEY Appearance for Defendants Department of Homeland Security, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement, Ronald D Vitiello, Ricardo Wong by J. Max Weintraub (Weintraub, J.) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
83

REPLY by Plaintiffs Margarito Castanon Nava, John Doe, Guillermo Hernandez Hernandez, Illinois Coalition for Immigrant and Refugee Rights, Organization Communities Against Deportations, Erick Rivera Sales, Miguel Cortes Torres to motion for miscellaneous relief, 76 (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Poullaos, Ivan) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
84

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Ruling hearing previously set for 7/31/19 is stricken, the court will rule electronically. Notice mailed by judge's staff (ntf, ) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
85

MOTION by Attorney Kathryn Hunt Muse to withdraw as attorney for Margarito Castanon Nava, John Doe, Guillermo Hernandez Hernandez, Illinois Coalition for Immigrant and Refugee Rights, Organization Communities Against Deportations, Erick Rivera Sales, Miguel Cortes Torres. No party information provided (Muse, Kathryn) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
86

NOTICE of Motion by Kathryn Hunt Muse for presentment of motion to withdraw as attorney, 85 before Honorable Rebecca R. Pallmeyer on 8/12/2019 at 09:00 AM. (Muse, Kathryn) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
87

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiffs' motion to withdraw as attorney of record 85 is granted. Attorney Kathryn Hunt Muse is given leave to withdraw as counsel for Plaintiffs. Motion hearing date of 8/12/19 is stricken. Notice mailed by judge's staff (ntf, ) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
88

MEMORANDUM Opinion and Order. The court denies Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(1) and Federal Rule of Civil Procedure 12(b)(6) 66 . Defendants are directed to file their answers within 28 days. Status hearing set for 3/5/2020 at 9:00 a.m. Signed by the Honorable Rebecca R. Pallmeyer on 1/24/2020. Notice mailed by judge's staff (ntf, ) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

Clearinghouse
89

ANSWER to amended complaint by Department of Homeland Security, Thomas D. Homan, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement, Ronald D Vitiello, Ricardo Wong(Cheng, Linda) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER
90

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held and continued to 5/21/2020 at 9:00 a.m. Parties shall serve discovery requests within 30 days. Plaintiffs shall file a renewed motion for class certification. Notice mailed by judge's staff (ntf, ) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
91

ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, ) (Entered: 03/18/2020)

March 16, 2020

March 16, 2020

PACER
92

ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket8, ) (Entered: 03/31/2020)

March 30, 2020

March 30, 2020

PACER
93

TRANSCRIPT OF PROCEEDINGS held on 3/5/20 before the Honorable Rebecca R. Pallmeyer. Order Number: 38156. Court Reporter Contact Information: Frances Ward - frances_ward@ilnd.uscourts.gov - (312)435-5561. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 5/7/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/15/2020. (Ward, Frances) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Criminal Justice (Other)

Policing

Special Collection(s):

Traffic Stop Litigation

Key Dates

Filing Date: May 29, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All current and future persons whom ICE arrests or has arrested without having a warrant, within the area of responsibility of the ICE Chicago Field Office, who remain detained.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Department of Homeland Security (District of Columbia, District of Columbia), Federal

Immigration and Customs Enforcement (District of Columbia, District of Columbia), Federal

ICE Chicago Field Office (Chicago, Cook), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Document/information produced

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Remedial education

Discrimination Prohibition

Provide antidiscrimination training

Reporting

Training

Amount Defendant Pays: $369,939.41

Order Duration: 2022 - 2025

Issues

General/Misc.:

Over/Unlawful Detention

Discrimination Basis:

Immigration status

Language discrimination

Race discrimination

Affected Language(s):

Spanish

Affected National Origin/Ethnicity(s):

Hispanic

Immigration/Border:

Constitutional rights

Detention - criteria

Detention - procedures

ICE/DHS/INS raid

Sanctuary city/state

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

Policing:

Traffic Stops