Case: Doe v. U.S. Immigration and Customs Enforcement

1:23-cv-00971 | U.S. District Court for the District of New Mexico

Filed Date: Nov. 3, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns allegedly inhumane detention conditions at New Mexico's Torrance County Detention Facility (TCDF). Four detained non-US citizens (Plaintiffs), represented by the ACLU of New Mexico and National Immigrant Justice Center, filed a class action suit on November 3, 2023 in the U.S. District Court for the District of New Mexico. The named Defendants included U.S. Immigration and Customs Enforcement (ICE); U.S. Department of Homeland Security (DHS); Alejandro Mayorkas, Secretary of …

This case concerns allegedly inhumane detention conditions at New Mexico's Torrance County Detention Facility (TCDF). Four detained non-US citizens (Plaintiffs), represented by the ACLU of New Mexico and National Immigrant Justice Center, filed a class action suit on November 3, 2023 in the U.S. District Court for the District of New Mexico. The named Defendants included U.S. Immigration and Customs Enforcement (ICE); U.S. Department of Homeland Security (DHS); Alejandro Mayorkas, Secretary of DHS; the Acting Director of DHS; and others in their official capacity.

The plaintiffs claimed in their complaint that in July 2021 TCDF failed its overall performance evaluation, based on, among other things, chronic and severe understaffing, and unsafe and unsanitary living conditions. And that these conditions persisted when the time came for TCDF’s next overall performance evaluation in March 2022 all while TCDF was aware of the conditions. The plaintiffs alleged that ICE certified a sham inspection in 2022 that allowed ICE to evade federal law and continue detaining immigrants at TCDF despite knowledge of ongoing violations of federal detention standards, in strict violation of the Two Strikes Mandate which requires that ICE cancel contracts with any detention facility that fails two consecutive overall performance evaluations.  

The plaintiffs brought this suit under Administrative Procedure Act (“APA”), 5 U.S.C. § 706(2) seeking to certify the class, declaratory judgment, and injunctive relief. The case was assigned to District Judge Matthew L. Garcia.

Along with their complaint, the plaintiffs filed a motion to certify their class on November 3, 2023. They sought certification for all persons currently detained and who would be detained by ICE at TCDF and subject to the allegedly grossly inadequate conditions there. 

On July 30, 2024 the court denied the plaintiffs’ motion for class certification as premature. The court lacked sufficient evidence on the record to rule on the certification motion due to ongoing discovery and the status of the administrative record. The court will permit the plaintiffs to refile a motion for class certification once they have developed sufficient evidence. 

The plaintiffs submitted an amended complaint on October 17, 2024 after some previous plaintiffs voluntarily left the lawsuit. 

As of February 2025, this case is ongoing. 

 

Summary Authors

Calvin Kim (12/15/2023)

Tucker Gribble (3/15/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67962032/parties/doe-v-us-immigration-and-customs-enforcement/


Judge(s)
Attorney for Plaintiff

Acharya, Deepa (New Mexico)

Boutilier, Sasha (New Mexico)

Boutilier, Misha (New Mexico)

Brooks, Max Isak (New Mexico)

Coutifaris, Alison J. (New Mexico)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document
8

1:23-cv-00971

Plaintiffs' Motion for Class Certification

Nov. 3, 2023

Nov. 3, 2023

Pleading / Motion / Brief
1

Class Action Complaint

Nov. 3, 2023

Nov. 3, 2023

Complaint
75

1:23-cv-00971

Order Denying Plaintiffs’ Motion For Class Certification

July 30, 2024

July 30, 2024

Order/Opinion
83

1:23-cv-00971

Memorandum Opinion and Order Granting Plaintiffs’ Motion for Leave to Proceed Under Pseudonym

Oct. 3, 2024

Oct. 3, 2024

Order/Opinion

2024 WL 4389461

84

1:23-cv-00971

Class Action Complaint

Oct. 17, 2024

Oct. 17, 2024

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67962032/doe-v-us-immigration-and-customs-enforcement/

Last updated Aug. 6, 2025, 10:17 p.m.

ECF Number Description Date Link Date / Link
2

MOTION for Leave to File Proceed Under Pseudonym by Carlos Doe, Luis Doe, Ernesto Doe, Gabriel Doe (Attachments: # 1 Exhibit B) (Sheff, Rebecca) Modified on 11/3/2023 (bc). (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER
4

NOTICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe re 1 Complaint, Filing Exhibits 1-8 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Sheff, Rebecca) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER

United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Jennifer M. Rozzoni assigned. (bc)

Nov. 3, 2023

Nov. 3, 2023

PACER
5

PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER
7

PLEASE TAKE NOTICE that this case has been randomly reassigned to United States District Judge Matthew L. Garcia as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Gregory J. Fouratt no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER

Filing and Administrative Fees Received: $ 402 receipt number ANMDC-9077441 re 1 Complaint filed by Carlos Doe, Gabriel Doe, Ernesto Doe, Luis Doe (Payment made via Pay.gov)(Sheff, Rebecca)

Nov. 3, 2023

Nov. 3, 2023

PACER
8

MOTION to Certify Class by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe. (Sheff, Rebecca) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

Clearinghouse
9

ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe by Rebecca Fae Sherman Sheff on behalf of: Misha Boutilier Quinn Emanuel Urquhart & Sullivan, LLP 51 Madison Avenue, 22nd FloorNew York, NY 10010 212-849-7000 mishaboutilier@quinnemanuel.com (Association Dues - Online Payment) (Sheff, Rebecca)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/07/2023)

Nov. 7, 2023

Nov. 7, 2023

PACER
10

ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe by Rebecca Fae Sherman Sheff on behalf of: Sasha Boutilier Quinn Emanuel Urquhart & Sullivan, LLP 51 Madison Avenue, 22nd FloorNew York, NY 10010 212-849-7000 sashaboutilier@quinnemanuel.com (Association Dues - Online Payment) (Sheff, Rebecca)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/07/2023)

Nov. 7, 2023

Nov. 7, 2023

PACER
11

ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe by Rebecca Fae Sherman Sheff on behalf of: Deepa Acharya Quinn Emanuel Urquhart & Sullivan, LLP 1300 I St. NW, Suite 900Washington, DC 20005 202-538-8000 deepaacharya@quinnemanuel.com (Association Dues - Online Payment) (Sheff, Rebecca)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/07/2023)

Nov. 7, 2023

Nov. 7, 2023

PACER

Association Dues Received: $ 100 receipt number ANMDC-9082290 re: # 9 Association of Attorney Licensed Outside the District,, filed by Carlos Doe, Gabriel Doe, Ernesto Doe, Luis Doe (Payment made via Pay.gov)(Sheff, Rebecca)

Nov. 7, 2023

Nov. 7, 2023

PACER

Association Dues Received: $ 100 receipt number ANMDC-9082298 re: # 10 Association of Attorney Licensed Outside the District,, filed by Carlos Doe, Gabriel Doe, Ernesto Doe, Luis Doe (Payment made via Pay.gov)(Sheff, Rebecca)

Nov. 7, 2023

Nov. 7, 2023

PACER

Association Dues Received: $ 100 receipt number ANMDC-9082303 re: # 11 Association of Attorney Licensed Outside the District, filed by Carlos Doe, Gabriel Doe, Ernesto Doe, Luis Doe (Payment made via Pay.gov)(Sheff, Rebecca)

Nov. 7, 2023

Nov. 7, 2023

PACER
12

NOTICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe of Good Standing (Sheff, Rebecca) (Entered: 11/07/2023)

Nov. 7, 2023

Nov. 7, 2023

PACER

Summons Issued as to USA

Nov. 14, 2023

Nov. 14, 2023

PACER

Summons Issued as to Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General (dr)

Nov. 14, 2023

Nov. 14, 2023

PACER

Summons Issued as to USA

Nov. 16, 2023

Nov. 16, 2023

PACER

Summons Issued as to U.S. Immigration and Customs Enforcement.(dr)

Nov. 16, 2023

Nov. 16, 2023

PACER
13

NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 6. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) (Entered: 11/16/2023)

Nov. 16, 2023

Nov. 16, 2023

PACER
14

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. Alejandro Mayorkas served on 11/20/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
15

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. Brittany Tobias served on 11/20/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
16

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. U.S. Department of Homeland Security served on 11/20/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
17

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. Mary De Anda-Ybarra served on 11/20/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
18

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. Monica S Burke served on 11/20/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
19

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. Patrick J Lechleitner served on 11/20/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
20

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. Ricardo A Wong served on 11/20/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
21

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. U.S. Attorneys Office served on 11/16/2023, answer due 1/16/2024. (Sheff, Rebecca) Modified on 12/4/2023 (arp). (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

PACER
22

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. U.S. Attorney General served on 11/16/2023, answer due 1/16/2024. (Sheff, Rebecca) Modified text on 12/4/2023 (arp). (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

PACER
23

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. U.S. Immigration and Customs Enforcement served on 11/30/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

PACER
24

NOTICE of Appearance by Ross McNeill Slaughter on behalf of All Defendants (Slaughter, Ross) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

PACER
25

NOTICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong re 2 MOTION for Leave to File Proceed Under Pseudonym (Slaughter, Ross) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
26

NOTICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong re 8 MOTION to Certify Class (Slaughter, Ross) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
27

ORDER by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 1/9/2024 at 10:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (ccp) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
28

Clerk's Minutes for proceedings held before Magistrate Judge Jennifer M. Rozzoni: Status Conference held on 1/9/2024. (ccp) (Entered: 01/09/2024)

Jan. 9, 2024

Jan. 9, 2024

PACER
29

Joint MOTION for Order Setting Litigation Schedule by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe. (Sheff, Rebecca) (Entered: 01/11/2024)

Jan. 11, 2024

Jan. 11, 2024

PACER
30

Unopposed MOTION to Withdraw as Attorney Misha Boutilier by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe. (Sheff, Rebecca) (Entered: 01/12/2024)

Jan. 12, 2024

Jan. 12, 2024

PACER

Order on Motion to Withdraw as Attorney

Jan. 12, 2024

Jan. 12, 2024

PACER
31

ORDER granting 29 Joint Motion for Litigation Schedule by Magistrate Judge Jennifer M. Rozzoni (kms) (Entered: 01/12/2024)

Jan. 12, 2024

Jan. 12, 2024

PACER
32

ORDER by Magistrate Judge Jennifer M. Rozzoni granting 30 Unopposed Motion for Leave to Withdraw Appearance. Having reviewed the motion and noting that plaintiffs are still represented by counsel, the motion is granted. Attorney Misha Boutilier terminated. (kms) (Entered: 01/12/2024)

Jan. 12, 2024

Jan. 12, 2024

PACER
33

RESPONSE in Opposition re 2 MOTION for Leave to File Proceed Under Pseudonym filed by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong. (Attachments: # 1 Exhibit A) (Slaughter, Ross) (Entered: 01/16/2024)

Jan. 16, 2024

Jan. 16, 2024

PACER
34

NOTICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe re 2 MOTION for Leave to File Proceed Under Pseudonym (Extension of Time for Plaintiff to Reply in Support) (Sheff, Rebecca) (Entered: 01/29/2024)

Jan. 29, 2024

Jan. 29, 2024

PACER
35

CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong of Defendants First Set of Interrogatories (Slaughter, Ross) (Entered: 02/02/2024)

Feb. 2, 2024

Feb. 2, 2024

PACER
36

CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong of Defendants' First Set of Requests for Production (Slaughter, Ross) (Entered: 02/02/2024)

Feb. 2, 2024

Feb. 2, 2024

PACER
37

CERTIFICATE OF SERVICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Plaintiffs' First Set of Interrogatories to Defendants (Sheff, Rebecca) (Entered: 02/02/2024)

Feb. 2, 2024

Feb. 2, 2024

PACER
38

CERTIFICATE OF SERVICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Plaintiffs' First Set of Requests for Production of Documents by Defendants (Sheff, Rebecca) (Entered: 02/02/2024)

Feb. 2, 2024

Feb. 2, 2024

PACER
39

CERTIFICATE OF SERVICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Plaintiffs' First Set of Requests for Admission to Defendants (Sheff, Rebecca) (Entered: 02/02/2024)

Feb. 2, 2024

Feb. 2, 2024

PACER
40

REPLY to Response to Motion re 2 MOTION for Leave to File Proceed Under Pseudonym filed by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe. (Brooks, Max) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

PACER
41

DECLARATION re 2 MOTION for Leave to File Proceed Under Pseudonym of Max Isak Brooks by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe (Attachments: # 1 Exhibit A) (Brooks, Max) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

PACER
42

NOTICE of Briefing Complete by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe re 2 MOTION for Leave to File Proceed Under Pseudonym filed by Carlos Doe, Gabriel Doe, Ernesto Doe, Luis Doe (Sheff, Rebecca) (Entered: 02/09/2024)

Feb. 9, 2024

Feb. 9, 2024

PACER
43

Consent MOTION to Modify Order Setting Litigation Schedule by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong. (Attachments: # 1 Exhibit Proposed Order) (Slaughter, Ross) Modified on 2/22/2024 corrected spelling of modify per R.Slaughter (cmm). (Entered: 02/22/2024)

Feb. 22, 2024

Feb. 22, 2024

PACER
44

ORDER by Magistrate Judge Jennifer M. Rozzoni granting 43 Unopposed Motion to Modify Order Setting Litigation Schedule. (ccp) (Entered: 02/22/2024)

Feb. 22, 2024

Feb. 22, 2024

PACER
45

ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe by Rebecca Fae Sherman Sheff on behalf of: Linda Moon Quinn Emanuel Urquhart & Sullivan, LLP 51 Madison Avenue, 22nd FloorNew York, NY 10010 212-849-7000 lindamoon@quinnemanuel.com (Association Dues - Online Payment) (Sheff, Rebecca)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/23/2024)

Feb. 23, 2024

Feb. 23, 2024

PACER

Association Dues Received: $ 100 receipt number ANMDC-9234067 re: # 45 Association of Attorney Licensed Outside the District, filed by Carlos Doe, Gabriel Doe, Ernesto Doe, Luis Doe (Payment made via Pay.gov)(Sheff, Rebecca)

Feb. 23, 2024

Feb. 23, 2024

PACER
46

NOTICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe re 45 Association of Attorney Licensed Outside the District, of Good Standing (Sheff, Rebecca) (Entered: 02/23/2024)

Feb. 23, 2024

Feb. 23, 2024

PACER
47

Joint MOTION for Protective Order and 502(d) Order by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong. (Attachments: # 1 Exhibit A: Stipulated Protective Order, # 2 Exhibit B: Stipulated Clawback Agreement and Federal Rule of Evidence 502(d) Order) (Slaughter, Ross) (Entered: 03/06/2024)

March 6, 2024

March 6, 2024

PACER
48

ORDER by Magistrate Judge Jennifer M. Rozzoni granting 47 Joint Motion for Protective Order. (ccp) (Entered: 03/07/2024)

March 7, 2024

March 7, 2024

PACER
49

Stipulated Clawback Agreement and Federal Rule of Evidence 502(d) Order by Magistrate Judge Jennifer M. Rozzoni. (ccp) (Entered: 03/07/2024)

March 7, 2024

March 7, 2024

PACER
50

***FILED IN ERROR*** CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong Defendants Responses and Objections to Plaintiffs First Set of Requests for Admission (Slaughter, Ross) Modified text on 3/14/2024 add error language. Document to be refiled with case caption (gr). (Entered: 03/13/2024)

March 13, 2024

March 13, 2024

PACER
51

***FILED IN ERROR*** CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong Defendants Responses and Objections to Plaintiffs First Request for Production of Documents (Slaughter, Ross) Modified text on 3/14/2024 add error language. Document to be refiled with case caption (gr). (Entered: 03/13/2024)

March 13, 2024

March 13, 2024

PACER
52

***FILED IN ERROR***CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong Defendants Responses and Objections to Plaintiffs First Set of Interrogatories (Slaughter, Ross) Modified text on 3/14/2024 add error language. Document to be refiled with case caption (gr). (Entered: 03/13/2024)

March 13, 2024

March 13, 2024

PACER
53

***FILED IN ERROR*** CERTIFICATE OF SERVICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Plaintiffs' Responses and Objections to Defendants' First Set of Requests for Production (Boutilier, Sasha) Modified text on 3/14/2024 add error language. Document to be refiled with case caption (gr). (Entered: 03/13/2024)

March 13, 2024

March 13, 2024

PACER
54

***FILED IN ERROR*** CERTIFICATE OF SERVICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Plaintiffs' Responses and Objections to Defendants' First Set of Interrogatories (Boutilier, Sasha) Modified text on 3/14/2024 add error language. Document to be refiled with case caption (gr). (Entered: 03/13/2024)

March 13, 2024

March 13, 2024

PACER
55

CERTIFICATE OF SERVICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Plaintiffs' Responses and Objections to Defendants' First Set of Requests for Production (Boutilier, Sasha) (Entered: 03/14/2024)

March 14, 2024

March 14, 2024

PACER
56

CERTIFICATE OF SERVICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Plaintiffs' Responses and Objections to Defendants' First Set of Interrogatories (Boutilier, Sasha) (Entered: 03/14/2024)

March 14, 2024

March 14, 2024

PACER
57

CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong Defendants Responses and Objections to Plaintiffs First Set of Requests for Admission (Slaughter, Ross) (Entered: 03/14/2024)

March 14, 2024

March 14, 2024

PACER
58

CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong Defendants Responses and Objections to Plaintiffs First Request for Production of Documents (Slaughter, Ross) (Entered: 03/14/2024)

March 14, 2024

March 14, 2024

PACER
59

CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong Defendants Responses and Objections to Plaintiffs First Set of Interrogatories (Slaughter, Ross) (Entered: 03/14/2024)

March 14, 2024

March 14, 2024

PACER
60

Consent MOTION to Stay Deadline to Answer by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong. (Attachments: # 1 Exhibit Proposed Order) (Slaughter, Ross) (Entered: 04/08/2024)

April 8, 2024

April 8, 2024

PACER
61

ORDER granting 60 Motion to Stay Defendants' Deadline to Answer by Magistrate Judge Jennifer M. Rozzoni. Defendants' answer is due 21 days after the Court's last order on the parties' forthcoming cross-motions for summary judgment and Defendants' motion to dismiss. (kms) (Entered: 04/08/2024)

April 8, 2024

April 8, 2024

PACER
62

ORDER SETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 5/15/2024 at 10:00 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (kms) (Entered: 04/08/2024)

April 8, 2024

April 8, 2024

PACER
63

Joint MOTION for Order Modifying Order Setting Litigation Schedule by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe. (Attachments: # 1 Exhibit Proposed Order) (Boutilier, Sasha) (Entered: 04/25/2024)

April 25, 2024

April 25, 2024

PACER
64

ORDER by Magistrate Judge Jennifer M. Rozzoni granting 63 Joint Motion to Modify Order Setting Litigation Schedule. (ccp) (Entered: 04/25/2024)

April 25, 2024

April 25, 2024

PACER
65

ORDER RESETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 6/24/2024 at 09:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 5/15/2024 is VACATED. (kms) (Entered: 05/07/2024)

May 7, 2024

May 7, 2024

PACER
66

NOTICE of Appearance by Rachel Landry on behalf of All Plaintiffs (Landry, Rachel) (Entered: 05/22/2024)

May 22, 2024

May 22, 2024

PACER
67

NOTICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Letter to Judge Rozzoni (Sheff, Rebecca) (Entered: 06/07/2024)

June 7, 2024

June 7, 2024

RECAP
68

Miscellaneous Relief

June 21, 2024

June 21, 2024

PACER
69

Order on Motion for Miscellaneous Relief

June 21, 2024

June 21, 2024

PACER

1 - Terminate Hearings AND Order

June 21, 2024

June 21, 2024

PACER
75

ORDER by District Judge Matthew L. Garcia DENYING AS PREMATURE 8 Motion for Class Certification. (cmm) (Entered: 07/30/2024)

July 30, 2024

July 30, 2024

Clearinghouse
77

Response in Opposition to Motion

Aug. 16, 2024

Aug. 16, 2024

PACER
78

File Excess Pages

Sept. 4, 2024

Sept. 4, 2024

PACER
79

Order on Motion for Leave to File Excess Pages

Sept. 5, 2024

Sept. 5, 2024

PACER
81

Appendix/Supplement

Sept. 20, 2024

Sept. 20, 2024

PACER
83

MEMORANDUM OPINION AND ORDER by District Judge Matthew L. Garcia GRANTING 2 . (cmm) (Entered: 10/03/2024)

Oct. 3, 2024

Oct. 3, 2024

Clearinghouse
84

AMENDED COMPLAINT Under Pseudonym against All Defendants., filed by Luis Doe, Carlos Doe, Gabriel Doe. (Sheff, Rebecca) (Entered: 10/17/2024)

Oct. 17, 2024

Oct. 17, 2024

Clearinghouse
85

ORDER UNSEALING DOCUMENTS by Magistrate Judge Jennifer M. Rozzoni. The parties state that they "agree that Plaintiffs' Motion and Reply (ECF Nos. 73 and 80) and the exhibits thereto may appear on the public docket and respectfully request that the Court lift the seal on those documents." Doc. 81 at 1. The Court therefore orders the CLERK OF COURT to unseal Documents 73 and 80. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ccp) (Entered: 10/18/2024)

Oct. 18, 2024

Oct. 18, 2024

PACER

Order

Oct. 18, 2024

Oct. 18, 2024

PACER
86

NOTICE of Hearing: 73 Opposed MOTION for Supplement of the Administrative Record set for 12/19/2024 at 09:30 AM in Albuquerque - 520 Gila Courtroom before District Judge Matthew L. Garcia. (emr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/18/2024)

Oct. 18, 2024

Oct. 18, 2024

PACER
87

NOTICE of Appearance by Tiffany Elizabeth Wang on behalf of All Plaintiffs (Wang, Tiffany) (Entered: 10/31/2024)

Oct. 31, 2024

Oct. 31, 2024

PACER
88

Clerk's Minutes for proceedings held before District Judge Matthew L. Garcia: Motion Hearing held on 12/19/2024 re 73 Opposed MOTION for Supplement of the Administrative Record filed by Carlos Doe, Gabriel Doe, Luis Doe. (Court Reporter Gila) (cmm) (Entered: 12/19/2024)

Dec. 19, 2024

Dec. 19, 2024

PACER
89

MINUTE ORDER by District Judge Matthew L. Garcia: The Court held a hearing on Plaintiffs' Opposed Motion to Complete and Supplement the Administrative Record, Doc. 73, on December 19, 2024. Doc. 88 (Clerk's Minutes). Upon further consideration, the Court will not require the parties to submit proposed findings of fact and conclusions of law on the motion, as discussed during the hearing. Doc. 88 at 2. (jhc)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/20/2024)

Dec. 20, 2024

Dec. 20, 2024

PACER

Minute Order

Dec. 20, 2024

Dec. 20, 2024

PACER
90

TRANSCRIPT of Motion Hearing Proceedings held on December 19, 2024, before District Judge Matthew L. Garcia. Court Reporter/Transcriber Exceptional Reporting Services, Inc., Telephone number 361-949-2988. Transcript may be viewed at the Clerk's Office 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. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at https://www.nmd.uscourts.gov. Notice of Intent to Request Redaction set for 1/10/2025. Redaction Request due 1/24/2025. Redacted Transcript Deadline set for 2/3/2025. Release of Transcript Restriction set for 4/3/2025.(bc) (Entered: 01/03/2025)

Jan. 3, 2025

Jan. 3, 2025

PACER
92

MEMORANDUM OPINION AND ORDER by District Judge Matthew L. Garcia DENYING 73 Opposed MOTION for Supplement of the Administrative Record. (cmm) (Entered: 03/14/2025)

March 14, 2025

March 14, 2025

RECAP
93

NOTICE of Attorney Substitution: Lisa Olson substituted for Yoseph Desta (Olson, Lisa) (Entered: 03/14/2025)

March 14, 2025

March 14, 2025

PACER
94

ORDER SETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 4/2/2025 at 10:00 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (kms) (Entered: 03/19/2025)

March 19, 2025

March 19, 2025

PACER
95

Clerk's Minutes for proceedings held before Magistrate Judge Jennifer M. Rozzoni: Status Conference held on 4/2/2025. (ccp) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER

Order

April 2, 2025

April 2, 2025

PACER
96

ORDER by Magistrate Judge Jennifer M. Rozzoni. The parties are hereby ordered to file an unopposed motion and proposed order requesting a briefing schedule for summary judgment and class certification motions no later than 4/4/2025. [THIS IS A TEXT-ENTRY ORDER. THERE ARE NO DOCUMENTS ATTACHED.] (ccp) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
97

Joint MOTION for Order Modifying Litigation Schedule by Carlos Doe, Luis Doe, Gabriel Doe. (Attachments: # 1 Proposed Order) (Boutilier, Sasha) (Entered: 04/04/2025)

April 4, 2025

April 4, 2025

PACER

Case Details

State / Territory: New Mexico

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 3, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Current and future detainees by ICE at TCDF

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Immigration and Customs Enforcement, Federal

Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Conditions of confinement