Case: Detroit Free Press Inc. v. Ashcroft

2:02-cv-70339 | U.S. District Court for the Eastern District of Michigan

Filed Date: Jan. 28, 2002

Closed Date: Nov. 25, 2003

Clearinghouse coding complete

Case Summary

On January 28, 2002, the Michigan newspaper the Detroit Free Press filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiff sued the U.S. Attorney General, the Chief Immigration Judge of the U.S., and an additional immigration judge. Represented by private counsel, the Free Press alleged that the government had violated its First Amendment rights by preventing it from accessing an immigration proceeding in Detroit, Michigan involving an Ann Arbor, Michig…

On January 28, 2002, the Michigan newspaper the Detroit Free Press filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiff sued the U.S. Attorney General, the Chief Immigration Judge of the U.S., and an additional immigration judge. Represented by private counsel, the Free Press alleged that the government had violated its First Amendment rights by preventing it from accessing an immigration proceeding in Detroit, Michigan involving an Ann Arbor, Michigan resident. On September 21, 2001, Chief Immigration Judge Michael Creppy had issued a memorandum (the "Creppy directive") to all US immigration judges that outlined various security measures to be applied in certain immigration cases, such as closed hearings and increased privacy. The Free Press argued that it had a constitutional right of access to judicial and quasi-judicial governmental proceedings, and that such access was also required by statute and by Immigration and Naturalization Service (INS) regulations. The Free Press sought a declaratory judgment, as well as a preliminary and permanent injunction requiring that it be able to access future proceedings involving the person whose hearing they had been denied access to and transcripts of prior related proceedings. They also sought attorneys' fees. The case was assigned to Judge Nancy G. Edmunds.

On March 5, 2002, the court consolidated this case with a similar case filed by the Detroit News, which was represented by the American Civil Liberties Union. The court also consolidated those cases for pretrial matters with a similar case filed by the person whose immigration proceedings the news agencies had been denied access to. The government filed various motions to dismiss against the various plaintiffs for lack of subject matter jurisdiction or failure to state a claim.

On April 3, 2002, the court granted the newspapers' motions for a preliminary injunction and denied the government's motion to dismiss the newspapers' complaints. The court held that the newspapers had a First Amendment right to access the hearings, as the hearings had traditionally been public and there were various policy reasons why they should be so. The court also held that closing the hearings was not justified by the government's interest. The government argued that the hearings should be private in order to prevent information about the detainees from becoming public, but the court rejected this argument because the government had not actually restricted that information. Further, the court held that the newspapers would suffer irreparable injury by having their First Amendment rights violated, and that later actions such as making transcripts available would not fix that. 195 F.Supp.2d 937.

On the same day, the court issued another opinion denying the motion to dismiss for lack of jurisdiction. The government had argued that the Immigration and Nationality Act (INA) prevented the court from having jurisdiction over this case because it provided that immigration proceedings are only reviewable by a federal court of appeals after a removal order, and specified administrative steps to take before bringing a case to court. However, the court held that none of the cited INA provisions prevented it from hearing this First Amendment challenge, and therefore denied the motion to dismiss. 195 F.Supp.2d 948.

On April 9, 2002, the government appealed the preliminary injunction order to the U.S. Court of Appeals for the Sixth Circuit (case number 02-1437). On the same day, the government asked the district court to either reconsider its order or grant a stay pending appeal, but the court denied the request later that day.

The next day, at the request of the defendants, the Sixth Circuit stayed the parts of the district court's order that mandated the government give the plaintiffs transcripts of the individual plaintiff's immigration proceedings and related documents. 2002 WL 1332827. However, a week later, on April 18, the Sixth Circuit dissolved the stay and denied the government 's motion for a complete stay pending appeal, holding that reversal was unlikely and a stay would cause irreparable harm to the plaintiffs. 2002 WL 1332836.

On August 28, 2002, the Sixth Circuit affirmed the decision of the district court. The Sixth Circuit rejected the government's argument that its plenary power over immigration overcame the First Amendment concerns in this case, and agreed with the district court that the newspapers had a First Amendment right to access immigration proceedings. The Sixth Circuit also held that the Creppy directive did not survive strict scrutiny because it was not narrowly tailored and it did not require case-specific findings when an immigration judge decided to close a hearing to the public. 303 F.3d 681. The Sixth Circuit later declined to rehear the case en banc.

Back in the district court, on September 17, 2002, the court also granted the individual plaintiff's motion for a preliminary injunction, and denied the government's motion to dismiss that plaintiff. The plaintiff alleged that because his prior hearing had been designated as "special interest" and therefore closed, the defendants had violated the Fifth Amendment's Due Process Clause, INS regulations, and the Administrative Procedure Act. He argued that he should get a new hearing because his previous hearing had been closed to the public, and that he should have a new immigration judge because the government had previously presented his case as "special interest." The court held that the Due Process claim was likely to succeed, as a public hearing was essential to fairness and the government had failed to establish that a closed hearing in this case was necessary for national security reasons. The court also held that denying the request for an injunction would cause irreparable harm by violating the plaintiff's Fifth Amendment rights. The court ordered the government to either release the plaintiff or hold a new hearing. 221 F.Supp.2d 799.

The government appealed this decision to the Sixth Circuit on October 2, 2002 (case number 02-2189).

Meanwhile, the named plaintiff had a new immigration hearing on October 1, 2002. Though the hearing started out open to the public, the immigration judge closed part of it based on a purported need to protect national security or law enforcement interests. The plaintiffs asked the district court for emergency order requiring the immigration judge to 1) let the newspaper plaintiffs object to the closure, 2) explain on the record why the hearing should be closed, and 3) release a transcript of the proceeding and a copy of the government's brief. On October 7, 2002, the district court held that the closure was acceptable, but that the immigration court should in the future justify any closure on the record. It also ordered that certain documents be provided to the individual plaintiff. 2002 WL 31317398.

The plaintiff appealed this decision to the Sixth Circuit on February 20, 2003 (case number 03-1253). 

Before the Sixth Circuit addressed the appeals, the immigration court entered an order of removal in the individual plaintiff's immigration proceedings. The plaintiff appealed that order to the Sixth Circuit, but the appeal was dismissed as untimely, and the government deported the plaintiff. In a September 23, 2003 order, the Sixth Circuit dismissed both appeals as moot and vacated the district court's September 17 and October 7 orders. 76 Fed.Appx. 672.

The district court dismissed the individual plaintiff's complaint on November 25, 2003. There have been no further developments as of May 2024, and the case is presumed closed.

Summary Authors

Venesa Haska (5/2/2024)

Documents in the Clearinghouse

Document
1

2:02-cv-70339

Complaint for Access to Immigration Court Proceedings

Jan. 28, 2002

Jan. 28, 2002

Complaint
1

2:02-cv-70605

Complaint for Declaratory and Injunctive Relief, and for Relief in the Nature of Mandamus

Haddad v. Ashcroft

Feb. 14, 2002

Feb. 14, 2002

Complaint
23

2:02-cv-70339

Order Denying Defendants' Motion to Dismiss Complaints for Lack of Jurisdiction [14-1]

April 3, 2002

April 3, 2002

Order/Opinion

195 F.Supp.2d 195

24

2:02-cv-70339

Order Granting Plaintiffs' Motion for Preliminary Injunction [2-1] and Denying Defendants' Motion to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can be Granted [10-1]

April 3, 2002

April 3, 2002

Order/Opinion

195 F.Supp.2d 195

02-01437

Order

U.S. Court of Appeals for the Sixth Circuit

April 18, 2002

April 18, 2002

Order/Opinion

2002 WL 2002

02-01437

Opinion

U.S. Court of Appeals for the Sixth Circuit

Aug. 26, 2002

Aug. 26, 2002

Order/Opinion

303 F.3d 303

2:02-cv-70605

Order Granting Plaintiff's Motion for Preliminary Injunction and Denying Government's Motion to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can be Granted

Haddad v. Ashcroft

Sept. 17, 2002

Sept. 17, 2002

Order/Opinion

221 F.Supp.2d 221

60

2:02-cv-70339

Order Granting in Part and Denying in Part Plaintiffs' Emergency Motions [55-1&57-1] to Compel Compliance With Court Order and for Access to Proceedings

Oct. 7, 2002

Oct. 7, 2002

Order/Opinion

2002 WL 2002

02-02189

03-01253

Order

Haddad v. Ashcroft

U.S. Court of Appeals for the Sixth Circuit

Sept. 23, 2003

Sept. 23, 2003

Order/Opinion

76 Fed.Appx. 76

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6228524/det-free-press-inc-v-ashcroft/

Last updated May 4, 2024, 5:07 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for access to immigration court proceedings - Receipt # 431461 - Date Fee Received: 1/28/02, with attachments A-F. (PP) (Entered: 01/31/2002)

Jan. 28, 2002

Jan. 28, 2002

Clearinghouse
1

COMPLAINT for access to immigration court proceedings - Receipt # 431461 - Date Fee Received: 1/28/02, with attachments A-F. (PP) (Entered: 01/31/2002)

Jan. 28, 2002

Jan. 28, 2002

Clearinghouse
1

COMPLAINT for access to immigration court proceedings - Receipt # 431461 - Date Fee Received: 1/28/02, with attachments A-F. (PP) (Entered: 01/31/2002)

Jan. 28, 2002

Jan. 28, 2002

Clearinghouse
2

MOTION by plaintiff for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad with brief (PP) (Entered: 01/31/2002)

Jan. 28, 2002

Jan. 28, 2002

RECAP
2

MOTION by plaintiff for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad with brief (PP) (Entered: 01/31/2002)

Jan. 28, 2002

Jan. 28, 2002

RECAP
2

MOTION by plaintiff for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad with brief (PP) (Entered: 01/31/2002)

Jan. 28, 2002

Jan. 28, 2002

RECAP
3

ORDER by Judge Nancy G. Edmunds, setting hearing on motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] for 9:30 3/26/02, setting deadline for response to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] for 2/28/02, setting deadline for reply to response to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] for 3/8/02 [EOD Date 1/31/02], with proof of mailing. (PP) (Entered: 01/31/2002)

Jan. 29, 2002

Jan. 29, 2002

PACER
3

ORDER by Judge Nancy G. Edmunds, setting hearing on motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] for 9:30 3/26/02, setting deadline for response to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] for 2/28/02, setting deadline for reply to response to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] for 3/8/02 [EOD Date 1/31/02], with proof of mailing. (PP) (Entered: 01/31/2002)

Jan. 29, 2002

Jan. 29, 2002

PACER
3

ORDER by Judge Nancy G. Edmunds, setting hearing on motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] for 9:30 3/26/02, setting deadline for response to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] for 2/28/02, setting deadline for reply to response to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] for 3/8/02 [EOD Date 1/31/02], with proof of mailing. (PP) (Entered: 01/31/2002)

Jan. 29, 2002

Jan. 29, 2002

PACER
4

MOTION by John Ashcroft, Michael Creppy, Elizabeth Hacker to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases with proof of mailing (kb) Modified on 03/04/2002 (Entered: 02/28/2002)

Feb. 20, 2002

Feb. 20, 2002

PACER
4

MOTION by John Ashcroft, Michael Creppy, Elizabeth Hacker to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases with proof of mailing (kb) Modified on 03/04/2002 (Entered: 02/28/2002)

Feb. 20, 2002

Feb. 20, 2002

PACER
4

MOTION by John Ashcroft, Michael Creppy, Elizabeth Hacker to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases with proof of mailing (kb) Modified on 03/04/2002 (Entered: 02/28/2002)

Feb. 20, 2002

Feb. 20, 2002

PACER
12

RESPONSE by plaintiff Rabih Haddad (in case # 02-70605) to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, Ashcroft [4-1] with proof of mailing (kb) (Entered: 03/07/2002)

Feb. 21, 2002

Feb. 21, 2002

PACER
12

RESPONSE by plaintiff Rabih Haddad (in case # 02-70605) to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, Ashcroft [4-1] with proof of mailing (kb) (Entered: 03/07/2002)

Feb. 21, 2002

Feb. 21, 2002

PACER
12

RESPONSE by plaintiff Rabih Haddad (in case # 02-70605) to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, Ashcroft [4-1] with proof of mailing (kb) (Entered: 03/07/2002)

Feb. 21, 2002

Feb. 21, 2002

PACER
5

RESPONSE (opposition) by plaintiff Det Free Press Inc to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, John Ashcroft [4-1] with proof of mailing (dh) (Entered: 03/04/2002)

Feb. 22, 2002

Feb. 22, 2002

PACER
5

RESPONSE (opposition) by plaintiff Det Free Press Inc to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, John Ashcroft [4-1] with proof of mailing (dh) (Entered: 03/04/2002)

Feb. 22, 2002

Feb. 22, 2002

PACER
5

RESPONSE (opposition) by plaintiff Det Free Press Inc to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, John Ashcroft [4-1] with proof of mailing (dh) (Entered: 03/04/2002)

Feb. 22, 2002

Feb. 22, 2002

PACER
6

SUPPLEMENTAL RESPONSE to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, Ashcroft [4-1] with exhibt A, proof of mailing (dh) (Entered: 03/04/2002)

Feb. 25, 2002

Feb. 25, 2002

PACER
6

SUPPLEMENTAL RESPONSE to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, Ashcroft [4-1] with exhibt A, proof of mailing (dh) (Entered: 03/04/2002)

Feb. 25, 2002

Feb. 25, 2002

PACER
6

SUPPLEMENTAL RESPONSE to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, Ashcroft [4-1] with exhibt A, proof of mailing (dh) (Entered: 03/04/2002)

Feb. 25, 2002

Feb. 25, 2002

PACER
7

RESPONSE (opposition) by Det Free Press Inc, Congressman John Conyers, Jr., and Metro Imes to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, John Ashcroft [4-1] with proof of mailing (dh) (Entered: 03/04/2002)

Feb. 27, 2002

Feb. 27, 2002

PACER
7

RESPONSE (opposition) by Det Free Press Inc, Congressman John Conyers, Jr., and Metro Imes to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, John Ashcroft [4-1] with proof of mailing (dh) (Entered: 03/04/2002)

Feb. 27, 2002

Feb. 27, 2002

PACER
7

RESPONSE (opposition) by Det Free Press Inc, Congressman John Conyers, Jr., and Metro Imes to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, John Ashcroft [4-1] with proof of mailing (dh) (Entered: 03/04/2002)

Feb. 27, 2002

Feb. 27, 2002

PACER
8

EXPARTE motion by defendants to file brief in excess pages with brief, proof of mailing (dh) (Entered: 03/04/2002)

Feb. 28, 2002

Feb. 28, 2002

PACER
8

EXPARTE motion by defendants to file brief in excess pages with brief, proof of mailing (dh) (Entered: 03/04/2002)

Feb. 28, 2002

Feb. 28, 2002

PACER
8

EXPARTE motion by defendants to file brief in excess pages with brief, proof of mailing (dh) (Entered: 03/04/2002)

Feb. 28, 2002

Feb. 28, 2002

PACER
9

ORDER by Judge Nancy G. Edmunds granting motion to file brief in excess pages by Elizabeth Hacker, Michael Creppy, John Ashcroft [8-1] [EOD Date 3/4/02] (dh) (Entered: 03/04/2002)

Feb. 28, 2002

Feb. 28, 2002

PACER
9

ORDER by Judge Nancy G. Edmunds granting motion to file brief in excess pages by Elizabeth Hacker, Michael Creppy, John Ashcroft [8-1] [EOD Date 3/4/02] (dh) (Entered: 03/04/2002)

Feb. 28, 2002

Feb. 28, 2002

PACER
9

ORDER by Judge Nancy G. Edmunds granting motion to file brief in excess pages by Elizabeth Hacker, Michael Creppy, John Ashcroft [8-1] [EOD Date 3/4/02] (dh) (Entered: 03/04/2002)

Feb. 28, 2002

Feb. 28, 2002

PACER
10

RESPONSE by John Ashcroft, Michael Creppy, Elizabeth Hacker to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] with attachments A,B, proof of mailing (dh) (Entered: 03/04/2002)

Feb. 28, 2002

Feb. 28, 2002

PACER
10

RESPONSE by John Ashcroft, Michael Creppy, Elizabeth Hacker to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] with attachments A,B, proof of mailing (dh) (Entered: 03/04/2002)

Feb. 28, 2002

Feb. 28, 2002

PACER
10

RESPONSE by John Ashcroft, Michael Creppy, Elizabeth Hacker to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] with attachments A,B, proof of mailing (dh) (Entered: 03/04/2002)

Feb. 28, 2002

Feb. 28, 2002

PACER

TELE-CONFERENCE held - Judge Nancy G. Edmunds - Court Reporter: Suzanne Jacques (ch)

March 4, 2002

March 4, 2002

PACER

TELE-CONFERENCE held - Judge Nancy G. Edmunds - Court Reporter: Suzanne Jacques (ch)

March 4, 2002

March 4, 2002

PACER

TELE-CONFERENCE held - Judge Nancy G. Edmunds - Court Reporter: Suzanne Jacques (ch)

March 4, 2002

March 4, 2002

PACER
11

ORDER by Judge Nancy G. Edmunds granting motion to consolidate cases 02-70339 and 02-70605 for pretrial matters only by Rabin Haddad [3-1] in 2:02-cv-70605: ALL SUBSEQUENT PLEADINGS SHALL BE ENTERED UNDER THE LOWER CASE NUMBER 02-70339. CASE NUBER 02-70340 IS CLOSED FOR ADMINISTRATIVE PURPOSES. ALL SUBSEQUENT PLEADINGS IN THE HADDED CASE (02-70605) SHALL BE ENTERED IN BOTH CASES 02-70339 AND 02-70605. [EOD Date 3/6/02] (RH) Modified on 03/06/2002 (Entered: 03/06/2002)

March 5, 2002

March 5, 2002

PACER
11

ORDER by Judge Nancy G. Edmunds granting motion to consolidate cases 02-70339 and 02-70605 for pretrial matters only by Rabin Haddad [3-1] in 2:02-cv-70605: ALL SUBSEQUENT PLEADINGS SHALL BE ENTERED UNDER THE LOWER CASE NUMBER 02-70339. CASE NUBER 02-70340 IS CLOSED FOR ADMINISTRATIVE PURPOSES. ALL SUBSEQUENT PLEADINGS IN THE HADDED CASE (02-70605) SHALL BE ENTERED IN BOTH CASES 02-70339 AND 02-70605. [EOD Date 3/6/02] (RH) Modified on 03/06/2002 (Entered: 03/06/2002)

March 5, 2002

March 5, 2002

PACER
11

ORDER by Judge Nancy G. Edmunds granting motion to consolidate cases 02-70339 and 02-70605 for pretrial matters only by Rabin Haddad [3-1] in 2:02-cv-70605: ALL SUBSEQUENT PLEADINGS SHALL BE ENTERED UNDER THE LOWER CASE NUMBER 02-70339. CASE NUBER 02-70340 IS CLOSED FOR ADMINISTRATIVE PURPOSES. ALL SUBSEQUENT PLEADINGS IN THE HADDED CASE (02-70605) SHALL BE ENTERED IN BOTH CASES 02-70339 AND 02-70605. [EOD Date 3/6/02] (RH) Modified on 03/06/2002 (Entered: 03/06/2002)

March 5, 2002

March 5, 2002

PACER

AMENDED complaint 1 by plaintiff Rabin Haddad in 2:02-cv-70605 adding Carol Jenifer to case(s) 2:02-cv-70605. (RH)

March 6, 2002

March 6, 2002

PACER

AMENDED complaint 1 by plaintiff Rabin Haddad in 2:02-cv-70605 adding Carol Jenifer to case(s) 2:02-cv-70605. (RH)

March 6, 2002

March 6, 2002

PACER

AMENDED complaint 1 by plaintiff Rabin Haddad in 2:02-cv-70605 adding Carol Jenifer to case(s) 2:02-cv-70605. (RH)

March 6, 2002

March 6, 2002

PACER

NOTICE of non-admission of attorney Ashraf Nubani (DT)

March 7, 2002

March 7, 2002

PACER

NOTICE of non-admission of attorney Ashraf Nubani (DT)

March 7, 2002

March 7, 2002

PACER

NOTICE of non-admission of attorney Ashraf Nubani (DT)

March 7, 2002

March 7, 2002

PACER

NOTICE of non-admission of attorney David Cole (DT)

March 7, 2002

March 7, 2002

PACER

NOTICE of non-admission of attorney David Cole (DT)

March 7, 2002

March 7, 2002

PACER

NOTICE of non-admission of attorney David Cole (DT)

March 7, 2002

March 7, 2002

PACER

NOTICE of non-admission of attorney Shayana D. Kadidal (DT)

March 7, 2002

March 7, 2002

PACER

NOTICE of non-admission of attorney Shayana D. Kadidal (DT)

March 7, 2002

March 7, 2002

PACER

NOTICE of non-admission of attorney Shayana D. Kadidal (DT)

March 7, 2002

March 7, 2002

PACER

NOTICE of non-admission of attorney Christopher Winters (DT)

March 7, 2002

March 7, 2002

PACER

NOTICE of non-admission of attorney Christopher Winters (DT)

March 7, 2002

March 7, 2002

PACER

NOTICE of non-admission of attorney Christopher Winters (DT)

March 7, 2002

March 7, 2002

PACER
13

MOTION by defendant Carol Jenifer in 2:02-cv-70605 to dismiss for failure to state a claim upon which relief can be granted, with brief, attachments A, B and proof of mailing. (RH) (Entered: 03/08/2002)

March 7, 2002

March 7, 2002

PACER
13

MOTION by defendant Carol Jenifer in 2:02-cv-70605 to dismiss for failure to state a claim upon which relief can be granted, with brief, attachments A, B and proof of mailing. (RH) (Entered: 03/08/2002)

March 7, 2002

March 7, 2002

PACER
13

MOTION by defendant Carol Jenifer in 2:02-cv-70605 to dismiss for failure to state a claim upon which relief can be granted, with brief, attachments A, B and proof of mailing. (RH) (Entered: 03/08/2002)

March 7, 2002

March 7, 2002

PACER

NOTICE of non-admission of attorney Shayana D. Kadidal (ew)

March 7, 2002

March 7, 2002

PACER

NOTICE of non-admission of attorney Shayana D. Kadidal (ew)

March 7, 2002

March 7, 2002

PACER

NOTICE of non-admission of attorney Shayana D. Kadidal (ew)

March 7, 2002

March 7, 2002

PACER
14

MOTION by defendants in 2:02-cv-70339, 2:02-cv-70605 to dismiss for lack of jurisdiction with brief and attachments (ew) (Entered: 03/11/2002)

March 8, 2002

March 8, 2002

PACER
14

MOTION by defendants in 2:02-cv-70339, 2:02-cv-70605 to dismiss for lack of jurisdiction with brief and attachments (ew) (Entered: 03/11/2002)

March 8, 2002

March 8, 2002

PACER
14

MOTION by defendants in 2:02-cv-70339, 2:02-cv-70605 to dismiss for lack of jurisdiction with brief and attachments (ew) (Entered: 03/11/2002)

March 8, 2002

March 8, 2002

PACER
15

REPLY TO DEFENDANTS' OPPOSITION and opposition by Det Free Press Inc, Herald Co Inc, John Conyers Jr., Metro Times Inc in 2:02-cv-70339 to motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1] 2:02-cv-70339, motion to dismiss for lack of jurisdiction defendants[0-1] in 2:02-cv-70605, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [0-1] in 2:02-cv-70605 with attachments and proof of service (ew) (Entered: 03/15/2002)

March 14, 2002

March 14, 2002

PACER
15

REPLY TO DEFENDANTS' OPPOSITION and opposition by Det Free Press Inc, Herald Co Inc, John Conyers Jr., Metro Times Inc in 2:02-cv-70339 to motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1] 2:02-cv-70339, motion to dismiss for lack of jurisdiction defendants[0-1] in 2:02-cv-70605, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [0-1] in 2:02-cv-70605 with attachments and proof of service (ew) (Entered: 03/15/2002)

March 14, 2002

March 14, 2002

PACER
15

REPLY TO DEFENDANTS' OPPOSITION and opposition by Det Free Press Inc, Herald Co Inc, John Conyers Jr., Metro Times Inc in 2:02-cv-70339 to motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1] 2:02-cv-70339, motion to dismiss for lack of jurisdiction defendants[0-1] in 2:02-cv-70605, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [0-1] in 2:02-cv-70605 with attachments and proof of service (ew) (Entered: 03/15/2002)

March 14, 2002

March 14, 2002

PACER
16

NOTICE by defendants in 2:02-cv-70339, 2:02-cv-70605 of Immigration Court hearing set for 3/19/02 (ew) (Entered: 03/15/2002)

March 14, 2002

March 14, 2002

PACER
16

NOTICE by defendants in 2:02-cv-70339, 2:02-cv-70605 of Immigration Court hearing set for 3/19/02 (ew) (Entered: 03/15/2002)

March 14, 2002

March 14, 2002

PACER
16

NOTICE by defendants in 2:02-cv-70339, 2:02-cv-70605 of Immigration Court hearing set for 3/19/02 (ew) (Entered: 03/15/2002)

March 14, 2002

March 14, 2002

PACER
17

REPLY by Det Free Press Inc, Herald Co Inc in 2:02-cv-70339 to response to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Haddad by Herald Co Inc, Det Free Press Inc [2-1] in 2:02-cv-70339 with exhibits (ew) (Entered: 03/15/2002)

March 14, 2002

March 14, 2002

PACER
17

REPLY by Det Free Press Inc, Herald Co Inc in 2:02-cv-70339 to response to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Haddad by Herald Co Inc, Det Free Press Inc [2-1] in 2:02-cv-70339 with exhibits (ew) (Entered: 03/15/2002)

March 14, 2002

March 14, 2002

PACER
17

REPLY by Det Free Press Inc, Herald Co Inc in 2:02-cv-70339 to response to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Haddad by Herald Co Inc, Det Free Press Inc [2-1] in 2:02-cv-70339 with exhibits (ew) (Entered: 03/15/2002)

March 14, 2002

March 14, 2002

PACER
18

RESPONSE by plaintiffs' in 2:02-cv-70339, plaintiff in 2:02-cv-70605 to motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1] in 2:02-cv-70339, motion to dismiss for lack of jurisdiction by defendantsssssss [0-1] in 2:02-cv-70605, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [0-1] in 2:02-cv-70605 with proof of mailing (PP) (Entered: 03/20/2002)

March 19, 2002

March 19, 2002

PACER
18

RESPONSE by plaintiffs' in 2:02-cv-70339, plaintiff in 2:02-cv-70605 to motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1] in 2:02-cv-70339, motion to dismiss for lack of jurisdiction by defendantsssssss [0-1] in 2:02-cv-70605, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [0-1] in 2:02-cv-70605 with proof of mailing (PP) (Entered: 03/20/2002)

March 19, 2002

March 19, 2002

PACER
18

RESPONSE by plaintiffs' in 2:02-cv-70339, plaintiff in 2:02-cv-70605 to motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1] in 2:02-cv-70339, motion to dismiss for lack of jurisdiction by defendantsssssss [0-1] in 2:02-cv-70605, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [0-1] in 2:02-cv-70605 with proof of mailing (PP) (Entered: 03/20/2002)

March 19, 2002

March 19, 2002

PACER
19

REPLY by John Ashcroft, Michael Creppy, Elizabeth Hacker in 2:02-cv-70339 and in 2:02-cv-70605 to response in support of motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, in 2:02-cv-70605 with proof of mailing (kb) (Entered: 03/25/2002)

March 22, 2002

March 22, 2002

PACER
19

REPLY by John Ashcroft, Michael Creppy, Elizabeth Hacker in 2:02-cv-70339 and in 2:02-cv-70605 to response in support of motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, in 2:02-cv-70605 with proof of mailing (kb) (Entered: 03/25/2002)

March 22, 2002

March 22, 2002

PACER
19

REPLY by John Ashcroft, Michael Creppy, Elizabeth Hacker in 2:02-cv-70339 and in 2:02-cv-70605 to response in support of motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, in 2:02-cv-70605 with proof of mailing (kb) (Entered: 03/25/2002)

March 22, 2002

March 22, 2002

PACER

Text not available.

March 25, 2002

March 25, 2002

PACER

Text not available.

March 25, 2002

March 25, 2002

PACER

Text not available.

March 25, 2002

March 25, 2002

PACER
20

ANSWER by John Ashcroft, Michael Creppy, Elizabeth Hacker in 2:02-cv-70339 to amended complaint by Rabin Haddad [13-1] in 2:02-cv-70605 with proof of mailing (kb) (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

PACER
20

ANSWER by John Ashcroft, Michael Creppy, Elizabeth Hacker in 2:02-cv-70339 to amended complaint by Rabin Haddad [13-1] in 2:02-cv-70605 with proof of mailing (kb) (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

PACER
20

ANSWER by John Ashcroft, Michael Creppy, Elizabeth Hacker in 2:02-cv-70339 to amended complaint by Rabin Haddad [13-1] in 2:02-cv-70605 with proof of mailing (kb) (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

PACER
21

ERRATA by Rabin Haddad in 2:02-cv-70605 for response reply by defendants [19-1] in 2:02-cv-70339, [18-1] in 2:02-cv-70605 with notice and proof of mailing (kb) Modified on 03/26/2002 (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

PACER
21

ERRATA by Rabin Haddad in 2:02-cv-70605 for response reply by defendants [19-1] in 2:02-cv-70339, [18-1] in 2:02-cv-70605 with notice and proof of mailing (kb) Modified on 03/26/2002 (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

PACER
21

ERRATA by Rabin Haddad in 2:02-cv-70605 for response reply by defendants [19-1] in 2:02-cv-70339, [18-1] in 2:02-cv-70605 with notice and proof of mailing (kb) Modified on 03/26/2002 (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

PACER

MOTION hearing held on motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1] in 2:02-cv-70339, motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, John Ashcroft [4-1] in 2:02-cv-70339, motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] in 2:02-cv-70339, motion to dismiss for lack of jurisdiction by defendantss [0-1] to 3/26/02 in 2:02-cv-70339, in 2:02-cv-70605 in 2:02-cv-70605, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [0-1] in 2:02-cv-70605, motion for preliminary injunction by Rabih Haddad [2-1] in 2:02-cv-70605 - Judge Nancy G. Edmunds - Court Reporter: Suzanne Jacques (ch)

March 26, 2002

March 26, 2002

PACER

MOTION hearing held on motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1] in 2:02-cv-70339, motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, John Ashcroft [4-1] in 2:02-cv-70339, motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] in 2:02-cv-70339, motion to dismiss for lack of jurisdiction by defendantss [0-1] to 3/26/02 in 2:02-cv-70339, in 2:02-cv-70605 in 2:02-cv-70605, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [0-1] in 2:02-cv-70605, motion for preliminary injunction by Rabih Haddad [2-1] in 2:02-cv-70605 - Judge Nancy G. Edmunds - Court Reporter: Suzanne Jacques (ch)

March 26, 2002

March 26, 2002

PACER

MOTION hearing held on motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1] in 2:02-cv-70339, motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, John Ashcroft [4-1] in 2:02-cv-70339, motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] in 2:02-cv-70339, motion to dismiss for lack of jurisdiction by defendantss [0-1] to 3/26/02 in 2:02-cv-70339, in 2:02-cv-70605 in 2:02-cv-70605, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [0-1] in 2:02-cv-70605, motion for preliminary injunction by Rabih Haddad [2-1] in 2:02-cv-70605 - Judge Nancy G. Edmunds - Court Reporter: Suzanne Jacques (ch)

March 26, 2002

March 26, 2002

PACER

MOTION hearing held on motion to dismiss for lack of jurisdiction by defendants [14-1], motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1], motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] - disposition: taken under advisement - Judge Nancy G. Edmunds - Court Reporter: Suzanne Jacques (ch)

March 26, 2002

March 26, 2002

PACER

MOTION hearing held on motion to dismiss for lack of jurisdiction by defendants [14-1], motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1], motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] - disposition: taken under advisement - Judge Nancy G. Edmunds - Court Reporter: Suzanne Jacques (ch)

March 26, 2002

March 26, 2002

PACER

MOTION hearing held on motion to dismiss for lack of jurisdiction by defendants [14-1], motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1], motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] - disposition: taken under advisement - Judge Nancy G. Edmunds - Court Reporter: Suzanne Jacques (ch)

March 26, 2002

March 26, 2002

PACER
22

STATEMENT regarding CDI Info. Servs., Inc v. Reno; with proof of mailing [EOD Date: 3/29/02] (kb) (Entered: 03/29/2002)

March 28, 2002

March 28, 2002

PACER
22

STATEMENT regarding CDI Info. Servs., Inc v. Reno; with proof of mailing [EOD Date: 3/29/02] (kb) (Entered: 03/29/2002)

March 28, 2002

March 28, 2002

PACER
22

STATEMENT regarding CDI Info. Servs., Inc v. Reno; with proof of mailing [EOD Date: 3/29/02] (kb) (Entered: 03/29/2002)

March 28, 2002

March 28, 2002

PACER
23

ORDER by Judge Nancy G. Edmunds dismissing motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, 2:02-cv-70605 with proof of mailing [EOD Date 4/5/02] (dh) (Entered: 04/05/2002)

April 3, 2002

April 3, 2002

PACER
23

ORDER by Judge Nancy G. Edmunds dismissing motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, 2:02-cv-70605 with proof of mailing [EOD Date 4/5/02] (dh) (Entered: 04/05/2002)

April 3, 2002

April 3, 2002

PACER
23

ORDER by Judge Nancy G. Edmunds dismissing motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, 2:02-cv-70605 with proof of mailing [EOD Date 4/5/02] (dh) (Entered: 04/05/2002)

April 3, 2002

April 3, 2002

PACER
24

ORDER by Judge Nancy G. Edmunds denying motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1] in 2:02-cv-70339, granting motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] in 2:02-cv-70339 with proof of mailing [EOD Date 4/5/02] (dh) (Entered: 04/05/2002)

April 3, 2002

April 3, 2002

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Immigration and/or the Border

Speech and Religious Freedom

Key Dates

Filing Date: Jan. 28, 2002

Closing Date: Nov. 25, 2003

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Two Michigan newspapers, the Detroit Free Press and the Detroit News, and a Michigan resident subject to removal proceedings.

Plaintiff Type(s):

Private Plaintiff

Public (for-profit) corporation

Attorney Organizations:

ACLU National (all projects)

ACLU of Michigan

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Attorney General (- United States (national) -), Federal

Chief Immigration Judge of the U.S. (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Mandamus, 28 U.S.C. § 1361

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Required disclosure

Order Duration: 2002 - 2003

Issues

General/Misc.:

Access to lawyers or judicial system

Courts

Over/Unlawful Detention

Records Disclosure

Terrorism/Post 9-11 issues

Immigration/Border:

Constitutional rights

Deportation - judicial review

Deportation - procedure