Case: Cancino Castellar v. Mayorkas

3:17-cv-00491 | U.S. District Court for the Southern District of California

Filed Date: March 9, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the Department of Homeland Security’s (DHS) policy of detaining individuals without prompt presentation before a judge or prompt judicial review of probable cause. On May 9, 2017, the ACLU, on behalf of three immigrants detained at the Otay Detention Facility in Southern California, filed a class action lawsuit and a petition for writ of habeas corpus against the Secretary of DHS, the Director and an official of Immigration and Customs Enforcement (ICE), the Attorney Genera…

This case challenged the Department of Homeland Security’s (DHS) policy of detaining individuals without prompt presentation before a judge or prompt judicial review of probable cause.

On May 9, 2017, the ACLU, on behalf of three immigrants detained at the Otay Detention Facility in Southern California, filed a class action lawsuit and a petition for writ of habeas corpus against the Secretary of DHS, the Director and an official of Immigration and Customs Enforcement (ICE), the Attorney General of the United States, and the Director of the Executive Office for Immigration Review (EOIR) at the Department of Justice (DOJ). The complaint was filed in the United States District Court for the Southern District of California and assigned to District Judge Cynthia A. Bashant.

The Complaint alleged that DHS’s policy of detaining immigrants for an extended period after their apprehension - without promptly presenting them to an immigration judge for a first appearance and without promptly seeking judicial review of probable cause to keep the immigrant in custody - deprived Plaintiffs of their Due Process rights under the Fifth Amendment of the United States Constitution. The Plaintiffs also claimed that the DHS policy deprived Plaintiffs of their Fourth Amendment rights requiring a judicial finding of probable cause to justify arrest. Lastly, the complaint alleged that the policy violated the Administrative Procedures Act as arbitrary and capricious, and contrary to law. 

The Plaintiffs sought class certification, declaratory and injunctive relief, a writ of habeas corpus, and attorney’s fees.

Jurisdictional Challenge:

On May 22, 2017, the Defendants filed a Motion to Dismiss for lack of jurisdiction and failure to state a claim. The Defendants argued that the court lacked jurisdiction to hear the case under the jurisdictional provisions of the Immigration and Nationality Act (INA), which grants the Immigration Court (IC) jurisdiction over all removal proceedings. The court held a hearing on the Defendant’s motion on December 14, 2017, and granted the Defendant’s Motion to Dismiss on February 8, 2018, citing the court's lack of jurisdiction under INA. The court reasoned that the Fourth and Fifth Amendment challenges were “inextricably linked” with the Plaintiff’s removal proceedings. The court also ruled that the Plaintiff’s Habeas petition was premature, as all possible administrative remedies had not been exhausted. The court granted Plaintiff's leave to amend the Complaint to assert claims over which this Court could properly exercise jurisdiction. 

On March 8, 2018, in light of a subsequent Supreme Court opinion in Jennings v. Rodriguez, 583 U.S. 281 (2018), the Plaintiffs filed a Motion for Reconsideration. The court granted the Plaintiff’s Motion for Reconsideration in part on September 5, 2018, ruling that Jennings brought the Plaintiff’s Fifth Amendment claims within the court’s proper jurisdiction because the Supreme Court had reasoned that a Due Process violation of failing to “promptly present” detainees before the IC was not linked to removal proceedings. However, the court ruled that the Plaintiff’s Fourth Amendment claims remained outside the court’s purview because review of probable cause for removal was inextricably linked with removal proceedings. The court reinstated the Plaintiff’s Fifth Amendment claim and also the APA claims to the extent they were based on the same alleged failure to “promptly present” detainees before the IC.

Fifth Amendment and ACA Claims:

On October 15, 2018, the Defendants filed a renewed Motion to Dismiss for failure to state a claim. The court granted the motion in part on June 11, 2019, dismissing Plaintiff Gonzalez's procedural due process claim and all Plaintiffs' Section 706(1) APA claims. 

On September 24, 2020, the case was reassigned from Judge Cynthia Bashant to Judge Todd W. Robinson. However, on October 1, 2020, Judge Todd W. Robinson recused himself and the case was reassigned to Judge Cynthia Bashant. The case was subsequently transferred to Judge Jinsook Ohta on January 5, 2022.

Renewed Fourth Amendment Claims:

On November 10, 2020, the Plaintiff filed a Motion for Reconsideration of Orders Dismissing their Fourth Amendment Claims. The court denied the Motion for Reconsideration of the Plaintiff's Fourth Amendment claims on August 30, 2021.

Class Certification:

Prior to the Defendant's jurisdictional challenge, on May 10, 2017, the Plaintiffs filed a Motion for Class Certification. The motion was initially dismissed as moot after the court dismissed the case for lack of jurisdiction. After the court reconsidered the case in light of Jennings, on October 16, 2020, the Plaintiffs filed a Renewed Motion to Certify Class. On August 2, 2021, the court set oral arguments regarding the class certification for August 24, 2021. The court granted in part Plaintiff’s Renewed Motion for Class Certification on September 8, 2021. On November 10, 2021, both parties submitted separate Motions to Clarify the Class Certification and to Clarify the Class Definition. On July 27, 2022, the court filed an Order in response to the parties' Motions for Clarification, ruling that the court had jurisdiction to include Asylum Plaintiffs within the class, and ordering the parties to agree on the class definition by filing a stipulation. About a month later, on August 31, 2022, the parties filed a joint motion regarding the stipulation on the certified class definition, which the court granted on August 31, 2022.

Settlement Agreement:

Between December 20, 2022, and October 16, 2023, the parties engaged in numerous settlement conferences. On January 18, 2024, the parties filed a Joint Motion for Preliminary Approval of the Settlement Agreement and Requested a Fairness Hearing. Oral Arguments were held on January 24, 2024, and the court granted the Motion for Preliminary Approval of the Settlement Agreement the same day. On March 7, 2024, the parties filed a Joint Motion for Final Approval of the Settlement Agreement, and a Fairness Hearing was conducted on March 14, 2024. The court granted the Joint Motion for Final Approval on March 18, 2024. 

The Settlement Agreement required various safeguards for detainees, including that immigration officials file a Notice to Appear (NTA) no later than 72 hours arrest, notify individuals detained of their right to a prompt first appearance, schedule an Initial Master Calendar Hearing (Initial MCH) within 8 calendar days of filing an NTA, schedule (upon request by detainees) a bond hearing at the soonest available date, and provide free access to telephones for detainees to contact pro bono counsel.

The Agreement also required the Defendants to pay the Plaintiff’s attorney’s fees and to provide Compliance Reports for three years after final approval of the Agreement. The parties consented to the continuing jurisdiction of United States Magistrate Judge Allison H. Goddard to enforce the terms of the Agreement for a period of up to three years after dismissal of the action, at which point the obligations under the Agreement would expire.

The parties filed a joint motion for dismissal with prejudice on March 19, 2024, which the court granted on March 20, 2024.

Monitoring compliance with the Settlement Agreement remains ongoing.

 

Summary Authors

Colton French (2/22/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6300565/parties/cancino-castellar-v-mayorkas/


Judge(s)

Bashant, Cynthia Ann (California)

Attorney for Plaintiff

Bandyopadhyay, Esha (California)

Chacon, Megan Alexandra (California)

Attorney for Defendant

Bettwy, Samuel William (California)

Connolly, Kathleen (California)

show all people

Documents in the Clearinghouse

Document
1

3:17-cv-00491

Complaint – Class Action and Petition for Writ of Habeas Corpus

Cancino Castellar v. Kelly

March 9, 2017

March 9, 2017

Complaint
49

3:17-cv-00491

Order

Cancino Castellar v. Nielsen

Feb. 8, 2018

Feb. 8, 2018

Order/Opinion
56

3:17-cv-00491

Order Granting in Part and Denying in Part Motion for Reconsideration

Cancino Castellar v. Nielsen

Sept. 5, 2018

Sept. 5, 2018

Order/Opinion

338 F.Supp.3d 1107

63

3:17-cv-00491

Order Granting in Part and Denying in Part Defendant-Respondents' Renewed Motion to Dismiss the Complaint-Petition

Cancino Castellar v. McAleenan

June 11, 2019

June 11, 2019

Order/Opinion

338 F.Supp.3d 1218

97

3:17-cv-00491

Order: (1) Granting in Part and Denying in Part Plaintiff-petitioners’ Motion to Compel, (2) Granting in Part and Denying in Part Defendant-respondents’ Motion for Protective Order, (3) Granting Plaintiff-petitioners’ Motion to File Documents Under Seal, and (4) Issuing Amending Scheduling Order

Cancino Castellar v. McAleenan

March 23, 2020

March 23, 2020

Order/Opinion

2020 WL 1332485

178

3:17-cv-00491

Order Denying Plaintiffs' Motion for Reconsideration

Aug. 30, 2021

Aug. 30, 2021

Order/Opinion

2021 WL 3856488

179

3:17-cv-00491

Order Granting in Part and Denying in Part Plaintiffs’ Renewed Motion for Class Certification (ECF No. 125) and Certifying the Class for Declaratory Relief

Sept. 8, 2021

Sept. 8, 2021

Order/Opinion

2021 WL 4081559

210

3:17-cv-00491

Order in Response to the Parties' Motions for Clarification

July 27, 2022

July 27, 2022

Order/Opinion

2022 WL 2973424

242-2

3:17-cv-00491

Settlement Agreement and Release

Jan. 18, 2024

Jan. 18, 2024

Settlement Agreement
252

3:17-cv-00491

Order Granting Joint Motion for Final Approval Settlement

March 18, 2024

March 18, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6300565/cancino-castellar-v-mayorkas/

Last updated April 14, 2025, 12:17 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna, Jefferson B. Sessions, III ( Filing fee $ 400 receipt number 0974-9885622.), filed by Ana Maria Hernandez Aguas, Jose Orlando Cancino Castellar, Michael Gonzalez. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:17-cv-00491-BAS-BGS. Judge Cynthia Bashant and Magistrate Judge Bernard G. Skomal are assigned to the case. (Vakili, Bardis)(nbp) (jao). (Entered: 03/10/2017)

March 9, 2017

March 9, 2017

Clearinghouse
2

MOTION for Class Certification by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas. (Attachments: # 1 Memo of Points and Authorities in Support of Motion for Class Certification, # 2 Declaration of Bardis Vakili in Support of Motion for Class Certification)(nbp)(jao). (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

PACER
3

NOTICE of Appearance by Craig E Countryman on behalf of Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas (Countryman, Craig)Attorney Craig E Countryman added to party Jose Orlando Cancino Castellar(pty:pla), Attorney Craig E Countryman added to party Michael Gonzalez(pty:pla), Attorney Craig E Countryman added to party Ana Maria Hernandez Aguas (pty:pla). (jah). (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

PACER
4

NOTICE of Appearance by John David Loy on behalf of Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas (Loy, John)Attorney John David Loy added to party Jose Orlando Cancino Castellar(pty:pla), Attorney John David Loy added to party Michael Gonzalez(pty:pla), Attorney John David Loy added to party Ana Maria Hernandez Aguas (pty:pla). Modified on 3/15/2017 - No Proof of Service. QC Email sent to file Proof of Service (jah). (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

PACER
5

NOTICE of Appearance by Aleksandr Gelberg on behalf of Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas (Gelberg, Aleksandr)Attorney Aleksandr Gelberg added to party Jose Orlando Cancino Castellar(pty:pla), Attorney Aleksandr Gelberg added to party Michael Gonzalez(pty:pla), Attorney Aleksandr Gelberg added to party Ana Maria Hernandez Aguas(pty:pla). (jah). (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

PACER
6

NOTICE of Appearance by Megan Alexandra Chacon on behalf of Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas (Chacon, Megan)Attorney Megan Alexandra Chacon added to party Jose Orlando Cancino Castellar(pty:pla), Attorney Megan Alexandra Chacon added to party Michael Gonzalez(pty:pla), Attorney Megan Alexandra Chacon added to party Ana Maria Hernandez Aguas(pty:pla). (jah). (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

PACER
7

NOTICE of Appearance by Joanna M. Fuller on behalf of Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas (Fuller, Joanna)Attorney Joanna M. Fuller added to party Jose Orlando Cancino Castellar(pty:pla), Attorney Joanna M. Fuller added to party Michael Gonzalez(pty:pla), Attorney Joanna M. Fuller added to party Ana Maria Hernandez Aguas(pty:pla). (jah). (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

PACER
8

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (rlu) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

PACER
9

CERTIFICATE OF SERVICE by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas re 4 Notice of Appearance, (Loy, John). Modified on 3/16/2017 - Removed extra added text (jah). (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
10

NOTICE of Appearance by Sarah L. Vuong on behalf of Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna, Jefferson B. Sessions, III (Vuong, Sarah)Attorney Sarah L. Vuong added to party Gregory J. Archambeault(pty:dft), Attorney Sarah L. Vuong added to party Thomas Homan(pty:dft), Attorney Sarah L. Vuong added to party John F. Kelly(pty:dft), Attorney Sarah L. Vuong added to party Kevin K. McAleenan(pty:dft), Attorney Sarah L. Vuong added to party Juan P. Osuna(pty:dft), Attorney Sarah L. Vuong added to party Jefferson B. Sessions, III(pty:dft). (jah). (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER
11

NOTICE of Appearance by Elianis N. Perez on behalf of Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna, Jefferson B. Sessions, III (Perez, Elianis)Attorney Elianis N. Perez added to party Gregory J. Archambeault(pty:dft), Attorney Elianis N. Perez added to party Thomas Homan(pty:dft), Attorney Elianis N. Perez added to party John F. Kelly(pty:dft), Attorney Elianis N. Perez added to party Kevin K. McAleenan(pty:dft), Attorney Elianis N. Perez added to party Juan P. Osuna(pty:dft), Attorney Elianis N. Perez added to party Jefferson B. Sessions, III(pty:dft). (jah). (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER
12

NOTICE of Appearance by Kathleen Connolly on behalf of Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna, Jefferson B. Sessions, III (Connolly, Kathleen)Attorney Kathleen Connolly added to party Gregory J. Archambeault(pty:dft), Attorney Kathleen Connolly added to party Thomas Homan(pty:dft), Attorney Kathleen Connolly added to party John F. Kelly(pty:dft), Attorney Kathleen Connolly added to party Kevin K. McAleenan(pty:dft), Attorney Kathleen Connolly added to party Juan P. Osuna(pty:dft), Attorney Kathleen Connolly added to party Jefferson B. Sessions, III (pty:dft). (jah). (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER
13

NOTICE of Appearance by Leonard B Simon on behalf of Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas (Simon, Leonard)Attorney Leonard B Simon added to party Jose Orlando Cancino Castellar(pty:pla), Attorney Leonard B Simon added to party Michael Gonzalez(pty:pla), Attorney Leonard B Simon added to party Ana Maria Hernandez Aguas (pty:pla). (jah). (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER
14

ORDER Setting Briefing Schedule re 2 MOTION to Certify Class filed by Ana Maria Hernandez Aguas, Michael Gonzalez, Jose Orlando Cancino Castellar. Opposition shall be filed by 4/17/2017. Reply shall be filed by 4/24/2017. In accordance to Court's Standing Order for Civil Cases there shall be no oral argument on the motion unless requested by Court. If Court decides to hear oral argument, it will issue an order setting the matter for oral argument. Signed by Judge Cynthia Bashant on 3/29/2017. (jah) (Entered: 03/30/2017)

March 29, 2017

March 29, 2017

PACER
15

NOTICE of Appearance by Carlton Frederick Sheffield, III on behalf of Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna, Jefferson B. Sessions, III (Sheffield, Carlton)Attorney Carlton Frederick Sheffield, III added to party Gregory J. Archambeault(pty:dft), Attorney Carlton Frederick Sheffield, III added to party Thomas Homan(pty:dft), Attorney Carlton Frederick Sheffield, III added to party John F. Kelly(pty:dft), Attorney Carlton Frederick Sheffield, III added to party Kevin K. McAleenan(pty:dft), Attorney Carlton Frederick Sheffield, III added to party Juan P. Osuna(pty:dft), Attorney Carlton Frederick Sheffield, III added to party Jefferson B. Sessions, III(pty:dft). (jah). (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
16

NOTICE of Appearance by Samuel William Bettwy on behalf of Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna, Jefferson B. Sessions, III (Attachments: # 1 Proof of Service)(Bettwy, Samuel)Attorney Samuel William Bettwy added to party Gregory J. Archambeault(pty:dft), Attorney Samuel William Bettwy added to party Thomas Homan(pty:dft), Attorney Samuel William Bettwy added to party John F. Kelly(pty:dft), Attorney Samuel William Bettwy added to party Kevin K. McAleenan(pty:dft), Attorney Samuel William Bettwy added to party Juan P. Osuna(pty:dft), Attorney Samuel William Bettwy added to party Jefferson B. Sessions, III(pty:dft). (jah). (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
17

NOTICE of Appearance by Colin A. Kisor on behalf of Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna, Jefferson B. Sessions, III (Kisor, Colin). Attorney Colin A. Kisor added to party Thomas Homan(pty:dft), Attorney Colin A. Kisor added to party John F. Kelly(pty:dft), Attorney Colin A. Kisor added to party Kevin K. McAleenan(pty:dft), Attorney Colin A. Kisor added to party Juan P. Osuna(pty:dft), Attorney Colin A. Kisor added to party Jefferson B. Sessions, III (pty:dft). (jah). (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

PACER
18

Joint MOTION for Extension of Time to File Defendants' Opposition to Motion for Class Certification by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna, Jefferson B. Sessions, III. (Sheffield, Carlton) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
19

ORDER granting 18 Joint Motion to Modify Briefing Schedule for Class Certification Motion. Opposition shall be filed no later than 5/15/2017, Reply shall be filed no later than 6/5/2017. Signed by Judge Cynthia Bashant on 4/7/17. (kas) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
20

Joint MOTION for Protective Order by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna, Jefferson B. Sessions, III. (Vuong, Sarah). (jah). (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
21

AMENDED DOCUMENT by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna, Jefferson B. Sessions, III. Amendment to 20 Joint MOTION for Protective Order. (Vuong, Sarah). (jah). (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
22

AMENDED DOCUMENT by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna, Jefferson B. Sessions, III. Amendment to 21 Amended Document. (Vuong, Sarah).(jah). (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
23

PROTECTIVE ORDER granting 20 Joint Motion for Entry of Stipulated Protective Order. Signed by Magistrate Judge Bernard G. Skomal on 5/10/2017. (jah) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
24

Joint MOTION for Extension of Time to File Answer re 1 Complaint, Joint MOTION for Extension of Time to File Response/Reply re 2 Motion to Certify Class by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna. (Connolly, Kathleen). Added MOTION for Extension of Time to File Response/Reply on 5/15/2017 (jah). Modified on 5/15/2017 - Wrong event. Multi Part Motion. No Proof of Service. QC Email sent re correct events and to file Proof of Service. Corrected entry (jah). (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
25

CERTIFICATE OF SERVICE by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna re 24 Joint MOTION for Extension of Time to File Answer re 1 Complaint,MOTION for Extension of Time to File Response/Reply re 2 Motion to Certify Class (Connolly, Kathleen). (jah). (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
26

ORDER granting 24 Joint Motion for Extension of Time to Answer re 1 Complaint, and granting 24 Joint Motion for Extension of Time to File Response/Reply re 2 MOTION to Certify Class. Defendants Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna, and Jefferson B. Sessions, III shall file answer to the Complaint by 5/22/2017. Responses to the Motion to Certify Class shall be filed by 5/22/2017. Replies to the Motion to Certify Class shall be filed by 6/12/2017. Signed by Judge Cynthia Bashant on 5/15/2017. (jah) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
27

Ex Parte MOTION for Leave to File Excess Pages for Defendants' Motion to Dismiss Complaint by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna. (Attachments: # 1 Proof of Service)(Connolly, Kathleen). (jah). (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
28

MOTION to Dismiss Complaint by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit, # 3 Proof of Service)(Connolly, Kathleen) . (jah). (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
29

Ex Parte MOTION for Leave to File Excess Pages for Defendants' Opposition to Motion for Class Certification by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna, Jefferson B. Sessions, III. (Attachments: # 1 Proof of Service)(Vuong, Sarah). (jah). (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
30

RESPONSE in Opposition re 2 MOTION to Certify Class filed by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna, Jefferson B. Sessions, III. (Attachments: # 1 Proof of Service)(Vuong, Sarah). (jah). (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
31

NOTICE re 28 MOTION to Dismiss Complaint by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna, Jefferson B. Sessions, III. (Attachments: # 1 Proof of Service)(Vuong, Sarah). Modified on 6/1/2017 - Wrong event. QC Email sent. Corrected entry (jah). (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
32

Ex Parte MOTION for Leave to File Excess Pages for Plaintiff-Petitioners' Reply in Support of Motion for Class Certification by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas. (Vakili, Bardis) (lrf). (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
33

REPLY to Response to Motion re 2 MOTION to Certify Class filed by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas. (Attachments: # 1 Declaration of Bardis Vakili with Exhibits A-C)(Vakili, Bardis) (lrf). (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
34

Ex Parte MOTION for Leave to File Excess Pages for Plaintiff-Petitioners' Opposition to Defendant-Respondents' Motion to Dismiss Complaint by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas. (Vakili, Bardis) (lrf). (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
35

RESPONSE in Opposition re 28 MOTION to Dismiss Complaint filed by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas. (Loy, John) (lrf). (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
36

Ex Parte MOTION for Leave to File Excess Pages for Reply in Support of Defendants' Motion to Dismiss by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna. (Connolly, Kathleen). Modified on 7/5/2017 - No Proof of Service. QC Email sent to file Proof of Service (jah). (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
37

REPLY to Response to Motion re 28 MOTION to Dismiss Complaint filed by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna. (Connolly, Kathleen). Modified on 7/5/2017 - No Proof of Service. QC Email sent to file Proof of Service (jah). (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
38

CERTIFICATE OF SERVICE by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna re 36 Ex Parte MOTION for Leave to File Excess Pages for Reply in Support of Defendants' Motion to Dismiss (Connolly, Kathleen). (jah). (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
39

CERTIFICATE OF SERVICE by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Juan P. Osuna re 37 Reply to Response to Motion, (Connolly, Kathleen) . (jah). (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
40

ORDER Granting Ex Parte Applications for Leave to File Excess Pages [ECF Nos. 27, 29, 32, 34, 36 ]. Signed by Judge Cynthia Bashant on 7/24/2017. (lrf) (Entered: 07/25/2017)

July 24, 2017

July 24, 2017

PACER
41

ORDER Setting Oral Argument(re 28 ). The parties are to appear on Thursday, December 14, 2017, at 10:00 a.m. in Courtroom 4B for oral argument. Signed by Judge Cynthia Bashant on 11/6/17.(dlg) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
42

Minute Entry for proceedings held before Judge Cynthia Bashant: Motion Hearing held on 12/14/2017 re 28 MOTION to Dismiss Complaint filed by Juan P. Osuna, Thomas Homan, Kevin K. McAleenan, John F. Kelly, Gregory J. Archambeault. Motion submitted and Court to issue order.(Court Reporter/ECR Frank Rangus). (Plaintiff Attorney Bardis Vakili, Craig Countryman, and Leonard Simon). (Defendant Attorney Kathleen Connolly and Sarah Vuong). (no document attached) (sxm) (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

PACER

Motion Hearing

Dec. 14, 2017

Dec. 14, 2017

PACER
43

ORDER Requesting Supplemental Information re 28 MOTION to Dismiss Complaint. Court orders Defendants to submit supplemental information identifying any cases involving a petition for review before the Court of Appeals with constitutional and/or statutory challenges to: 1) post-arrest detention without prompt presentment to a neutral adjudicator or judicial review of probable cause, and/or 2) to extended post-arrest detention before the occurrence of an initial master calendar hearing. Defendants shall file supplemental information by 12/19/2017, not exceeding four (4) pages. Signed by Judge Cynthia Bashant on 12/15/2017. (jah) (Entered: 12/19/2017)

Dec. 19, 2017

Dec. 19, 2017

PACER
44

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 12/14/2017, before Judge Cynthia Bashant. Court Reporter/Transcriber: Frank J. Rangus. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/11/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/21/2018. (akr) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
45

RESPONSE re 43 Order filed by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Kirstjen Nielsen. (Attachments: # 1 Exhibit A)(Connolly, Kathleen). Modified on 1/2/2018 - No Proof of Service. QC Email sent to file Proof of Service . Edited text (jah). (Entered: 12/29/2017)

Dec. 29, 2017

Dec. 29, 2017

PACER
46

CERTIFICATE OF SERVICE by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Kirstjen Nielsen re 45 Response - Other (Connolly, Kathleen). (jah). (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
47

Ex Parte MOTION for Leave to File Response to Defendants-Respondents' Response to Court's December 19, 2017 Order by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas. (Attachments: # 1 Response, # 2 Declaration of Bardis Vakili)(Vakili, Bardis). (jah). (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
48

ORDER denying Plaintiff's 47 Ex Parte Motion for Leave to File Response to Defendants-Respondents Response to Court's 12/19/2017 Order. Signed by Judge Cynthia Bashant on 1/4/2018. (jah) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER
49

ORDER granting Defendants' 28 Motion to Dismiss for Lack of Jurisdiction. Because Court lacks jurisdiction under 8 USC 1252(a)(5) and (b)(9), Court dismisses the Complaint. Court grants Plaintiffs leave to amend their Complaint. Plaintiffs may file an Amended Complaint by 3/9/2018. Failure to file an Amended Complaint will result in dismissal of this action. Court terminates as moot Plaintiffs' 2 Motion to Certify Class. If Plaintiffs file a new Complaint which assets claims independent of removal proceedings, they may file a new motion for class certification based on those claims. Signed by Judge Cynthia Bashant on 2/8/2018. (jah) (sjt). (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

Clearinghouse
50

MOTION for Reconsideration re 49 Order on Motion to Dismiss, Order on Motion to Certify Class by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration)(Loy, John). Modified on 3/9/2018 - Text has double wording. QC Email sent. Removed duplicate added text (jah). (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
51

ORDER Vacating Deadline to Amend Pleadings. Court vacates the 3/9/2018 deadline imposed by 49 Order on Motion to Dismiss and Motion to Certify Class for Plaintiff-Petitioners to amend the pleadings. Any deadline to amend the pleadings will be addressed in a future order on the motion for reconsideration. Signed by Judge Cynthia Bashant on 3/9/2018. (jah) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
52

Joint MOTION for Extension of Time to File Response/Reply as to 50 MOTION for Reconsideration re 49 Order on Motion to Dismiss, Order on Motion to Certify Class by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas. (Attachments: # 1 Proof of Service)(Vakili, Bardis). (jah). (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
53

RESPONSE in Opposition re 50 MOTION for Reconsideration re 49 Order on Motion to Dismiss, Order on Motion to Certify Class filed by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Kirstjen Nielsen. (Attachments: # 1 Proof of Service)(Connolly, Kathleen). (jah). (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
54

ORDER granting 52 Joint Motion for Extension of Time to File Reply re 50 MOTION for Reconsideration re 49 Order on Motion to Dismiss, Order on Motion to Certify Class. Plaintiff-Petitioners shall reply by 5/7/2018. Signed by Judge Cynthia Bashant on 4/26/2018. (jah) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

PACER
55

REPLY to Response to Motion re 50 MOTION for Reconsideration re 49 Order on Motion to Dismiss, Order on Motion to Certify Class filed by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas. (Loy, John). Modified on 5/8/2018 - Wrong event. Double wording in text. QC Email sent. Corrected text (jah). (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
56

ORDER Granting in Part and Denying in Part 50 Motion for Reconsideration. Plaintiffs are GRANTED LEAVE TO AMEND to assert a challenge to the conditions of confinement at detention facilities in the District. Plaintiffs may file an amended complaint no later than 10/1/2018. If they do not file one, Defendants may answer or move to dismiss the Fifth Amendment claim for failure to state a claim pursuant to Rule 12(b)(6) no later than 10/15/2018. Signed by Judge Cynthia Bashant on 9/6/2018. (acc) (Entered: 09/06/2018)

Sept. 5, 2018

Sept. 5, 2018

Clearinghouse
57

Joint STATUS REPORT by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Kirstjen Nielsen, Juan P. Osuna, Jefferson B. Sessions, III. (Perez, Elianis). Modified on 9/21/2018 - No Proof of Service. Double wording on text. QC Email sent to file Proof of Service. Removed duplicate text (jah). (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
58

CERTIFICATE OF SERVICE re 57 Status Report by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Kirstjen Nielsen, Juan P. Osuna, Jefferson B. Sessions, III. (Perez, Elianis). (jah). (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER
59

ORDER Regarding Joint Status Report. The parties filed a Joint Status Report 57 . The status report indicates that Plaintiffs intend to proceed solely with their Fifth Amendment and Administrative Procedure Act claims (APA), as pleaded in the initial Complaint and reinstated by Court. Defendants shall file a renewed motion to dismiss by 10/15/2018, Court takes the parties' positions regarding the previously briefed motion for class certification under advisement. Court will not reinstate the motion for class certification at this time, but only if and when it is necessary to decide the motion. The Clerk is directed to administratively reopen the case given the Court reinstated the Complaint's Fifth Amendment and APA claims in its Reconsideration Order. Signed by Judge Cynthia Bashant on 10/3/2018. (jah) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
60

Renewed MOTION to Dismiss for Failure to State a Claim by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Kirstjen Nielsen, Juan P. Osuna, Jefferson B. Sessions, III. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Sheffield, Carlton). (jah). (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
61

RESPONSE in Opposition re 60 Renewed MOTION to Dismiss for Failure to State a Claim filed by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas. (Vakili, Bardis). (jah). (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
62

REPLY to Response to Motion re 60 Renewed MOTION to Dismiss for Failure to State a Claim filed by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Kirstjen Nielsen, Juan P. Osuna, Jefferson B. Sessions, III. (Attachments: # 1 Proof of Service)(Sheffield, Carlton). (jah). (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
63

ORDER granting in part and denying in part Defendants' 60 Renewed Motion to Dismiss for Failure to State a Claim. Court dismisses Plaintiff Gonzalez's procedural due process claim and all Plaintiffs' Section 706(1) APA claims. Defendants shall answer to the operative portions of the Complaint by 7/15/2019. The parties requested in a prior status report that Court decide the previously briefed motion for class certification if Court denied Defendants motion to dismiss. Court declines this request. Plaintiffs are directed to file a renewed motion if they wish to pursue class certification. The parties may propose an appropriate briefing schedule for a renewed motion for class certification by 6/25/2019. Signed by Judge Cynthia Bashant on 6/7/2019. (jah) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

Clearinghouse
64

Joint MOTION to Defer Scheduling of Renewed Motion for Class Certification by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas. (Gelberg, Aleksandr). (jah). (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
65

ORDER granting 64 Joint Motion to Defer Scheduling of Renewed Motion for Class Certification. Court vacates the 6/25/2019 deadline for the parties to file a proposed briefing schedule for a renewed class certification motion. Unless a deadline to file a renewed motion is included in any CMC, the parties shall file the proposed briefing schedule by 9/16/2019. Signed by Judge Cynthia Bashant on 6/25/2019. (jah) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

RECAP
66

ANSWER to 1 Complaint, by Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Kirstjen Nielsen, Juan P. Osuna, Jefferson B. Sessions, III.(Sheffield, Carlton). (jah). (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
67

NOTICE AND ORDER for Early Neutral Evaluation Conference. Telephonic, Attorneys-Only Case Management Conference set for 9/5/2019 10:00 AM before Magistrate Judge Bernard G. Skomal. Early Neutral Evaluation set for 11/25/2019 01:30 PM before Magistrate Judge Bernard G. Skomal. Rule 26(f) conference shall be completed by 8/20/2019. Joint Discovery Plan shall be filed in CM/ECF as well as lodged with Magistrate Judge Skomal by 9/3/2019. Signed by Magistrate Judge Bernard G. Skomal on 7/29/2019. (jah) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

PACER
68

JOINT DISCOVERY PLAN by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas (Vakili, Bardis) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
69

NOTICE of Change of Hearing: Due to a conflict in the Court's calendar, the telephonic Case Management Conference set for September 5, 2019 at 10:00 AM is CONTINUED until September 24, 2019 at 10:00 AM. The parties are no longer required to file a proposed briefing schedule for a renewed class certification motion by September 16, 2019 (see ECF No. 65), as proposed briefing schedules were addressed in the Joint Discovery Plan. (ECF No. 68.) The Court will address the briefing schedule for a renewed class certification motion at the continued Case Management Conference. (no document attached) (ad1) (Entered: 09/04/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER

Notice of Change of Hearing

Sept. 4, 2019

Sept. 4, 2019

PACER
70

ORDER OF JUDGE TRANSFER. This case is transferred from the calendar of the Honorable Bernard G. Skomal to the calendar of the Honorable Allison H. Goddard for all further proceedings. All pending dates including discovery deadlines, hearings, and conferences before Judge Skomal, if any, remain unchanged until further order and are now set before Judge Goddard. Any dates set before any district judge remain unchanged. Magistrate Judge Bernard G. Skomal is no longer assigned. Case reassigned to Magistrate Judge Allison H. Goddard The new case number is 17cv0491-BAS-AHG. Signed by Magistrate Judge Bernard G. Skomal on 9/18/2019. (jah) (Entered: 09/19/2019)

Sept. 18, 2019

Sept. 18, 2019

RECAP
71

ORDER Resetting Telephonic Case Management Conference. Due to a conflict on the Court's calendar, Court vacates the Case Management Conference set for 9/24/2019. Telephonic Case Management Conference reset for 9/25/2019 02:00 PM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 9/19/2019. (jah) (Entered: 09/20/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
72

Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Telephonic Case Management Conference held on 9/25/2019. Order to issue. (Plaintiff Attorneys Bardis Vakili; Megan Alexandra Chacon). (Defendant Attorneys Carlton Frederick Sheffield III; Elianis N. Perez). (no document attached) (hmw) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
73

SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. Mandatory Settlement Conference set for 7/7/2020 02:00 PM before Magistrate Judge Allison H. Goddard. Proposed Pretrial Order due by 11/16/2020. Final Pretrial Conference set for 11/30/2020 11:00 AM before Judge Cynthia Bashant. Trial set for 2/9/2021 09:00 AM before Judge Cynthia Bashant.. Signed by Magistrate Judge Allison H. Goddard on 09/25/19.(mme) (Entered: 09/26/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
74

Order Setting Telephonic Status Conference. Telephonic, counsel-only Status Conference set for 10/30/2019 09:30 AM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 09/26/2019.(mme) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER

Case Management Conference

Sept. 26, 2019

Sept. 26, 2019

PACER
75

ORDER: (1) Resetting Early Neutral Evaluation Conference and (2) Issuing Pre-Conference Procedures. Due to a conflict on the Courts calendar, the Court VACATES the ENE currently set for November 25, 2019 at 1:30 p.m. and RESETS it for November 25, 2019 at 2:00 p.m. before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 09/26/2019.(mme) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
76

Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Telephonic Discovery Conference held on 10/16/2019. Order to issue. (Plaintiff Attorneys Bardis Vakili; Aleksandr Gelberg). (Defendant Attorney Carlton Frederick Sheffield III). (no document attached) (hmw) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER

Discovery Conference

Oct. 16, 2019

Oct. 16, 2019

PACER
77

ORDER SETTING TELEPHONIC STATUS CONFERENCE. Telephonic Discovery Conference held on 10/16/2019. Telephonic, Counsel-Only Status Conference set for 10/28/2019 09:00 AM before Magistrate Judge Allison H. Goddard. Court vacates the 10/30/2019 Status Conference. Court vacates the 11/25/2019 Early Neutral Evaluation Conference. Court issues briefing schedule for Plaintiffs' motion to compel and Defendants' motion for protective order: Opening briefs shall be filed by 11/4/2019. Opening briefs shall be no longer than 25 pages and shall include all outstanding discovery disputes regarding Plaintiffs' first and second set of discovery. Responsive briefs shall be filed by 11/18/2019. Upon receipt of the responsive briefs, Court will issue an order as to whether, in its discretion, reply briefs will be required from both parties or if the Court chooses to set a hearing in the matter. Signed by Magistrate Judge Allison H. Goddard on 10/16/2019. (jah). Modified on 10/17/2019 - Corrected text re hearing date. Regenerated NEF (jah). (Entered: 10/17/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
78

NOTICE of Appearance by Matthew Patrick Seamon on behalf of Gregory J. Archambeault, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Kirstjen Nielsen, Juan P. Osuna, Jefferson B. Sessions, III (Seamon, Matthew)Attorney Matthew Patrick Seamon added to party Gregory J. Archambeault(pty:dft), Attorney Matthew Patrick Seamon added to party Thomas Homan(pty:dft), Attorney Matthew Patrick Seamon added to party John F. Kelly(pty:dft), Attorney Matthew Patrick Seamon added to party Kevin K. McAleenan(pty:dft), Attorney Matthew Patrick Seamon added to party Kirstjen Nielsen(pty:dft), Attorney Matthew Patrick Seamon added to party Juan P. Osuna(pty:dft), Attorney Matthew Patrick Seamon added to party Jefferson B. Sessions, III(pty:dft). (jah). (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
79

Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Telephonic Status Conference held on 10/28/2019. (Plaintiff Attorneys Bardis Vakili; James Yang). (Defendant Attorney Carlton Frederick Sheffield III). (no document attached) (hmw) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER

Status Conference

Oct. 28, 2019

Oct. 28, 2019

PACER
80

ORDER Setting Telephonic Status Conference. Telephonic, Counsel-Only Status Conference set for 11/13/2019 09:00 AM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 10/28/2019. (jah) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
81

NOTICE of Appearance by Geuneul Yang on behalf of Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas (Yang, Geuneul). Attorney Geuneul Yang added to party Jose Orlando Cancino Castellar(pty:pla), Attorney Geuneul Yang added to party Michael Gonzalez(pty:pla), Attorney Geuneul Yang added to party Ana Maria Hernandez Aguas (pty:pla). Modified on 10/30/2019 - Removed extra added text (jah). (Entered: 10/29/2019)

Oct. 29, 2019

Oct. 29, 2019

PACER
82

NOTICE of Appearance by Huy Le on behalf of Gregory J. Archambeault, William P Barr, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Mark A. Morgan, Kirstjen Nielsen, Juan P. Osuna, John P. Sanders, Jefferson B. Sessions, III (Le, Huy)Attorney Huy Le added to party Gregory J. Archambeault(pty:dft), Attorney Huy Le added to party William P Barr(pty:dft), Attorney Huy Le added to party Thomas Homan(pty:dft), Attorney Huy Le added to party John F. Kelly(pty:dft), Attorney Huy Le added to party Kevin K. McAleenan(pty:dft), Attorney Huy Le added to party Mark A. Morgan(pty:dft), Attorney Huy Le added to party Kirstjen Nielsen(pty:dft), Attorney Huy Le added to party Juan P. Osuna(pty:dft), Attorney Huy Le added to party John P. Sanders(pty:dft), Attorney Huy Le added to party Jefferson B. Sessions, III(pty:dft) (sjm). (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
83

MOTION for Protective Order (as per the Court's October 16, 2019 Order) by Gregory J. Archambeault, William P Barr, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Mark A. Morgan, Kirstjen Nielsen, Juan P. Osuna, John P. Sanders, Jefferson B. Sessions, III. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit Plaintiffs' Discovery Requests, # 3 Proof of Service)(Sheffield, Carlton) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
84

MOTION to File Documents Under Seal (Vakili, Bardis) (aef). (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
85

***FILED AS SEALED DOCUMENT ON 3/23/2020*** - SEALED LODGED Proposed Document re: 84 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Vakili, Bardis) (aef). Modified on 3/23/2020 to add file date of lodgment (aef). (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
86

MOTION to Compel by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Vakili with Exhibits)(Vakili, Bardis) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
87

Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Telephonic Status Conference held on 11/13/2019. (Plaintiff Attorneys Bardis Vakili; Joanna M. Fuller). (Defendant Attorneys Carlton Frederick Sheffield III; Kathleen Connolly). (no document attached) (hmw) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER

Status Conference

Nov. 13, 2019

Nov. 13, 2019

PACER
88

RESPONSE in Opposition re 83 MOTION for Protective Order filed by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas. (Vakili, Bardis). Modified on 11/19/2019 - Edited text (jah). (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
89

RESPONSE in Support re 83 MOTION for Protective Order filed by Gregory J. Archambeault, William P Barr, Thomas Homan, John F. Kelly, Kevin K. McAleenan, Mark A. Morgan, Kirstjen Nielsen, Juan P. Osuna, John P. Sanders, Jefferson B. Sessions, III. (Attachments: # 1 Exhibit (supporting declarations), # 2 Proof of Service)(Sheffield, Carlton). Modified on 11/19/2019 - Edited text (jah). (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
90

NOTICE Regarding Exhibit Attachment by Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas re 86 MOTION to Compel (Vakili, Bardis) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
91

ORDER REQUIRING SUPPLEMENTAL BRIEFING. The Court orders that the parties file a Joint Statement Table by December 10, 2019. Please see the order for table format and other requirements. Signed by Magistrate Judge Allison H. Goddard on 12/4/19. (hmw) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
92

SUPPLEMENTAL BRIEFING: Joint Statement Table by Defendants Gregory J. Archambeault, William P Barr, Kevin K. McAleenan, Mark A. Morgan, Juan P. Osuna, John P. Sanders re 91 Order. (Seamon, Matthew). (jah). (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
93

ORDER Setting Hearing re 83 MOTION for Protective Order filed by Mark A. Morgan, Juan P. Osuna, Thomas Homan, William P Barr, John F. Kelly, Jefferson B. Sessions, III, Kevin K. McAleenan, Kirstjen Nielsen, Gregory J. Archambeault, John P. Sanders, 86 MOTION to Compel filed by Jose Orlando Cancino Castellar, Ana Maria Hernandez Aguas, Michael Gonzalez. Hearing set on 83 MOTION for Protective Order, 86 MOTION to Compel set for 1/15/2020 03:00 PM in Courtroom 3B before Magistrate Judge Allison H. Goddard. Court vacates the 1/13/2020 deadline to file a motion for class certification. Signed by Magistrate Judge Allison H. Goddard on 12/12/2019. (jah) (Entered: 12/13/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
94

NOTICE of Appearance by Kimberly Robin Grano on behalf of Jose Orlando Cancino Castellar, Michael Gonzalez, Ana Maria Hernandez Aguas (Grano, Kimberly)Attorney Kimberly Robin Grano added to party Jose Orlando Cancino Castellar(pty:pla), Attorney Kimberly Robin Grano added to party Michael Gonzalez(pty:pla), Attorney Kimberly Robin Grano added to party Ana Maria Hernandez Aguas(pty:pla) (jmo). (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 9, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are three immigrants apprehended by immigration officials and detained at the Otay Detention Facility in Southern California.

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: Granted

Defendants

U.S. Department of Homeland Security (- United States (national) -), Federal

U.S. Immigration and Customs Enforcement (- United States (national) -), Federal

U.S. Department of Justice (- United States (national) -), Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Special Case Type(s):

Habeas

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reporting

Monitoring

Amount Defendant Pays: $645,000

Issues

General/Misc.:

Access to lawyers or judicial system

Immigration/Border:

Constitutional rights

Detention - procedures

Jails, Prisons, Detention Centers, and Other Institutions:

Commitment procedure

Habeas Corpus

Placement in detention facilities