Case: Cancino Castellar v. Mayorkas

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

Filed Date: March 9, 2017

Closed Date: April 20, 2025

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)

Documents in the Clearinghouse
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 Aug. 29, 2026, 5:19 a.m.

Docket for: Cancino Castellar v. Mayorkas
ECF Number Date Description Link
1 March 9, 2017

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)

Clearinghouse
2 March 10, 2017

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)

RECAP
3 March 10, 2017

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)

RECAP
4 March 10, 2017

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)

RECAP
5 March 10, 2017

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)

RECAP
6 March 10, 2017

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)

RECAP
7 March 10, 2017

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)

RECAP
8 March 13, 2017

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)

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9 March 15, 2017

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)

RECAP
10 March 21, 2017

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)

RECAP
11 March 21, 2017

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)

RECAP
12 March 21, 2017

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)

RECAP
13 March 21, 2017

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)

RECAP
14 March 29, 2017

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)

RECAP
15 March 30, 2017

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)

RECAP
16 March 31, 2017

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)

RECAP
17 April 4, 2017

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)

RECAP
18 April 6, 2017

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)

RECAP
19 April 7, 2017

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)

RECAP
20 April 20, 2017

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)

RECAP
21 May 10, 2017

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)

RECAP
22 May 10, 2017

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)

RECAP
23 May 10, 2017

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)

RECAP
24 May 12, 2017

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)

RECAP
25 May 15, 2017

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)

RECAP
26 May 15, 2017

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)

RECAP
27 May 22, 2017

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)

RECAP
28 May 22, 2017

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)

RECAP
29 May 22, 2017

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)

RECAP
30 May 22, 2017

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)

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31 May 31, 2017

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)

RECAP
32 June 12, 2017

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)

RECAP
33 June 12, 2017

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)

RECAP
34 June 12, 2017

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)

RECAP
35 June 12, 2017

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)

RECAP
36 July 3, 2017

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)

RECAP
37 July 3, 2017

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)

RECAP
38 July 6, 2017

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)

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39 July 6, 2017

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)

RECAP
40 July 24, 2017

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)

RECAP
41 Nov. 6, 2017

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)

RECAP
42 Dec. 14, 2017

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)

RECAP
Dec. 14, 2017

Motion Hearing

43 Dec. 19, 2017

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)

RECAP
44 Dec. 21, 2017

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)

RECAP
45 Dec. 29, 2017

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)

RECAP
46 Jan. 2, 2018

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)

RECAP
47 Jan. 3, 2018

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)

RECAP
48 Jan. 4, 2018

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)

RECAP
49 Feb. 8, 2018

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)

Clearinghouse
50 March 8, 2018

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)

RECAP
51 March 9, 2018

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)

RECAP
52 April 23, 2018

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)

RECAP
53 April 23, 2018

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)

RECAP
54 April 26, 2018

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)

RECAP
55 May 7, 2018

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)

RECAP
56 Sept. 5, 2018

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)

Clearinghouse
57 Sept. 20, 2018

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)

RECAP
58 Sept. 21, 2018

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)

RECAP
59 Oct. 3, 2018

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)

RECAP
60 Oct. 15, 2018

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)

RECAP
61 Nov. 26, 2018

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)

RECAP
62 Dec. 3, 2018

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)

RECAP
63 June 11, 2019

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)

Clearinghouse
64 June 25, 2019

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)

RECAP
65 June 25, 2019

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)

RECAP
66 July 15, 2019

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)

RECAP
67 July 29, 2019

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)

RECAP
68 Sept. 3, 2019

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

RECAP
69 Sept. 4, 2019

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)

RECAP
Sept. 4, 2019

Notice of Change of Hearing

70 Sept. 18, 2019

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)

RECAP
71 Sept. 19, 2019

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)

RECAP
72 Sept. 25, 2019

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)

RECAP
73 Sept. 25, 2019

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)

RECAP
74 Sept. 26, 2019

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)

RECAP
75 Sept. 26, 2019

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)

RECAP
Sept. 26, 2019

Case Management Conference

76 Oct. 16, 2019

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)

RECAP
77 Oct. 16, 2019

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)

RECAP
Oct. 16, 2019

Discovery Conference

78 Oct. 25, 2019

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)

RECAP
79 Oct. 28, 2019

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)

RECAP
80 Oct. 28, 2019

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)

RECAP
Oct. 28, 2019

Status Conference

81 Oct. 29, 2019

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)

RECAP
82 Oct. 31, 2019

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)

RECAP
83 Nov. 4, 2019

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)

RECAP
84 Nov. 4, 2019

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

RECAP
85 Nov. 4, 2019

***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)

RECAP
86 Nov. 4, 2019

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)

RECAP
87 Nov. 13, 2019

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)

RECAP
Nov. 13, 2019

Status Conference

88 Nov. 18, 2019

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)

RECAP
89 Nov. 18, 2019

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)

RECAP
90 Nov. 20, 2019

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)

RECAP
91 Dec. 4, 2019

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)

RECAP
92 Dec. 10, 2019

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)

RECAP
93 Dec. 12, 2019

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)

RECAP
94 Jan. 13, 2020

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)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 9, 2017

Closing Date: April 20, 2025

Case Ongoing: No

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

Federal

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Immigration and Customs Enforcement

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

Ex parte Young (federal or state officials)

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

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Other Dockets:

Southern District of California 3:17-cv-00491

Special Case Type(s):

Habeas

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitoring

Reporting

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

Recommended Citation