Case: Doe v. U.S. Department of Homeland Security

Die v. U.S. Department of Homeland Security

U.S. District Court for the District of New Jersey

U.S. District Court for the District of New Jersey

COMPLAINT against ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), ASSISTANT FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, EXECUTIVE ASSOCIATE DIRECTOR OF ICE'S ENFORCEMENT AND REMOVAL OPERATIONS, FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing and Admin fee $ 405 receipt number ANJDC-15656198), filed by COMMOR JEROME WELCH, ISABELA DOE, JOSEFINA DOE, FELIPE NIOMAR MARTINEZ ORTIZ, THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM, JOSE DOE. (Attachments: # 1 Civil Cover Sheet)(ROONEY, GAVIN) (Entered: 09/11/2024)

MOTION to Certify Class and Appointment of Class Counsel on behalf of the Individual Plaintiffs by ISABELA DOE, JOSE DOE, JOSEFINA DOE, FELIPE NIOMAR MARTINEZ ORTIZ, THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM, COMMOR JEROME WELCH. (Attachments: # 1 Memorandum, # 2 Declaration of Gavin J. Rooney, Esq. with Exhibits A through F, # 3 Declaration of Shira Wisotsky, Esq., # 4 Exhibit A through J to the Declaration of Shira Wisotsky, Esq., # 5 Exhibit K through U to the Declaration of Shira Wisotsky, Esq., # 6 Declaration of Tiffany J. Lieu, Esq. with Exhibits A and B, # 7 Declaration of Ian G. Peacock, Ph.D. with Exhibits A through F, # 8 Declaration of Josefina Doe, # 9 Declaration of Isabela Doe, # 10 Declaration of Commor Jerome Welch, # 11 Declaration of Felipe Niomar Martinez Ortiz, # 12 Declaration of Jose Doe with Exhibit A, # 13 Text of Proposed Order)(ROONEY, GAVIN) (Entered: 09/11/2024)

MOTION to Proceed Under Pseudonyms on behalf of Plaintiffs Josefina Doe, Isabela Doe and Jose Doe by ISABELA DOE, JOSE DOE, JOSEFINA DOE, FELIPE NIOMAR MARTINEZ ORTIZ, THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM, COMMOR JEROME WELCH. (Attachments: # 1 Memorandum, # 2 Declaration of Josefina Doe, # 3 Declaration of Isabela Doe, # 4 Declaration of Jose Doe, # 5 Text of Proposed Order)(ROONEY, GAVIN) (Entered: 09/11/2024)

Case Assigned to Judge Michael E. Farbiarz. (ak, )

MOTION for Leave to Appear Pro Hac Vice of Tiffany J. Lieu, Philip L. Torrey and Emily Thornton by ISABELA DOE, JOSE DOE, JOSEFINA DOE, FELIPE NIOMAR MARTINEZ ORTIZ, THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM, COMMOR JEROME WELCH. (Attachments: # 1 Declaration of Gavin J. Rooney, Esq., # 2 Declaration of Tiffany J. Lieu, Esq., # 3 Declaration of Philip L. Torrey, Esq., # 4 Declaration of Emily Thornton, Esq., # 5 Text of Proposed Order)(ROONEY, GAVIN) (Entered: 09/13/2024)

Magistrate Judge Leda D. Wettre added. (jr)

SUMMONS ISSUED as to ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), ASSISTANT FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, EXECUTIVE ASSOCIATE DIRECTOR OF ICE'S ENFORCEMENT AND REMOVAL OPERATIONS, FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jr) (Entered: 09/16/2024)

NOTICE of Appearance by SHIRA WISOTSKY on behalf of All Plaintiffs (WISOTSKY, SHIRA) (Entered: 09/16/2024)

NOTICE of Appearance by ZOE COLLINS BURKE on behalf of All Plaintiffs (BURKE, ZOE) (Entered: 09/18/2024)

NOTICE of Appearance by ALEXANDER R. SHALOM on behalf of All Plaintiffs (SHALOM, ALEXANDER) (Entered: 09/19/2024)

NOTICE of Appearance by NATALIE JANET KRANER on behalf of All Plaintiffs (KRANER, NATALIE) (Entered: 09/19/2024)

NOTICE of Appearance by NAOMI DELEEUW BARROWCLOUGH on behalf of All Plaintiffs (BARROWCLOUGH, NAOMI) (Entered: 09/19/2024)

NOTICE of Appearance by RUTH FONG ZIMMERMAN on behalf of All Plaintiffs (ZIMMERMAN, RUTH) (Entered: 09/19/2024)

NOTICE of Appearance by KEVIN HIRST on behalf of All Defendants (HIRST, KEVIN) (Entered: 09/20/2024)

NOTICE of Appearance by JORDAN HUMMEL on behalf of All Defendants (HUMMEL, JORDAN) (Entered: 09/20/2024)

NOTICE of Appearance by HANA SHATILA on behalf of All Defendants (SHATILA, HANA) (Entered: 09/20/2024)

NOTICE of Appearance by DANIEL SCHUTRUM-BOWARD on behalf of All Defendants (SCHUTRUM-BOWARD, DANIEL) (Entered: 09/20/2024)

NOTICE of Appearance by ANISH PATEL on behalf of All Plaintiffs (PATEL, ANISH) (Entered: 09/20/2024)

Set/Reset Deadlines as to 2 MOTION to Certify Class and Appointment of Class Counsel on behalf of the Individual Plaintiffs. Motion set for 10/7/2024 before Judge Michael E. Farbiarz. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk's Office and does not supersede any previous or subsequent orders from the Court. (dam)

Set Deadlines as to 4 MOTION for Leave to Appear Pro Hac Vice of Tiffany J. Lieu, Philip L. Torrey and Emily Thornton, 3 MOTION to Proceed Under Pseudonyms on behalf of Plaintiffs Josefina Doe, Isabela Doe and Jose Doe. Motions set for 10/7/2024 before Magistrate Judge Leda D. Wettre. Unless otherwise directed by the Court, these motions will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk's Office and does not supersede any previous or subsequent orders from the Court. (dam)

NOTICE of Appearance by RAQUIBA HUQ on behalf of JOSEFINA DOE, ISABELA DOE, COMMOR JEROME WELCH, FELIPE NIOMAR MARTINEZ ORTIZ, JOSE DOE, THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM (HUQ, RAQUIBA) Modified on 9/25/2024 (dam). (Entered: 09/23/2024)

TEXT ORDER: A telephone conference is set for October 1, 2024 at 12:00 p.m. before Magistrate Judge Leda D. Wettre. Dial-in information for the conference is (973) 437-5535, access code 391379686#. So Ordered by Magistrate Judge Leda D. Wettre on 9/23/24. (LM, ) (Entered: 09/23/2024)

Letter from Defendants Seeking Extension of Deadline To Respond to Plaintiffs' Motion for Class Certification. (HIRST, KEVIN) (Entered: 09/23/2024)

SUMMONS Returned Executed by COMMOR JEROME WELCH, ISABELA DOE, JOSEFINA DOE, FELIPE NIOMAR MARTINEZ ORTIZ, THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM, JOSE DOE. ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE") served on 9/19/2024, answer due 11/18/2024; ASSISTANT FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE served on 9/19/2024, answer due 11/18/2024; EXECUTIVE ASSOCIATE DIRECTOR OF ICE'S ENFORCEMENT AND REMOVAL OPERATIONS served on 9/19/2024, answer due 11/18/2024; FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE served on 9/19/2024, answer due 11/18/2024; SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY served on 9/19/2024, answer due 11/18/2024; U.S. DEPARTMENT OF HOMELAND SECURITY served on 9/19/2024, answer due 11/18/2024; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 9/19/2024, answer due 11/18/2024. (KRANER, NATALIE) (Entered: 09/25/2024)

ORDER granting 4 Motion for Leave to Appear Pro Hac Vice as to Tiffany J. Lieu, Philip L. Torrey and Emily Thornton. Signed by Magistrate Judge Leda D. Wettre on 9/24/2024. (lag, ) (Entered: 09/25/2024)

LETTER ORDER granting 19 Federal Defendants' Request for an extension of the deadline to file their opposition to 2 Plaintiffs' Motion for Class Certification and Appointment of Class Counsel until 11/6/2024. Signed by Judge Michael E. Farbiarz on 9/25/2024. (dam) (Entered: 09/27/2024)

NOTICE of Appearance by KRISTIN LYNN VASSALLO on behalf of All Defendants (VASSALLO, KRISTIN) (Entered: 09/26/2024)

DECLARATION of Gavin J. Rooney regarding Service of Summonses and Complaint by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(ROONEY, GAVIN) (Entered: 09/26/2024)

NOTICE of Appearance by LAUREN ELIZABETH FASCETT on behalf of All Defendants (FASCETT, LAUREN) (Entered: 09/30/2024)

Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Status Conference held on 10/1/2024. (LM, )

TEXT ORDER: As discussed during the October 1, 2024 status conference before the undersigned, the Court will hold a further status conference on October 25, 2024 at 2:00 p.m. via remote audio-visual means (Microsoft Teams). Log-in information will be circulated to counsel prior to the conference. So Ordered by Magistrate Judge Leda D. Wettre on 10/1/24. (LM, ) (Entered: 10/01/2024)

TEXT ORDER: Per counsel's request, the status conference set for October 25, 2024 via remote audio-visual means (Microsoft Teams) is adjourned to November 12, 2024 at 2:45 p.m. before Magistrate Judge Leda D. Wettre. Log-in information will be circulated to counsel prior to the conference. So Ordered by Magistrate Judge Leda D. Wettre on 10/9/24. (LM, ) (Entered: 10/09/2024)

MOTION to Transfer Case to Western District of Pennsylvania, MOTION to Stay All Filing Deadlines by All Defendants. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(SCHUTRUM-BOWARD, DANIEL) (Entered: 10/11/2024)

1 Brief

View on RECAP

2 Text of Proposed Order

View on PACER

Set Deadlines as to 28 MOTION to Transfer Case to Western District of Pennsylvania MOTION to Stay All Filing Deadlines. Motion set for 11/4/2024 before Judge Michael E. Farbiarz. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sm)

Letter from Gavin J. Rooney regarding proposed Order to Show Cause with Temporary Restraints. (ROONEY, GAVIN) (Entered: 10/16/2024)

Proposed Order to Show Cause with Temporary Restraints by All Plaintiffs re 29 Letter. (Attachments: # 1 Memorandum of Law in Support of Plaintiffs' Motion for a Temporary Restraining Order and Permanent Injunction, # 2 Certificate of Service)(ROONEY, GAVIN) (Entered: 10/16/2024)

DECLARATION re 29 Letter, 30 Proposed Pretrial Order, of Josefina Doe by All Plaintiffs. (Attachments: # 1 Declaration of Isabela Doe, # 2 Declaration of Jose Doe, # 3 Declaration of Commor Welch, # 4 Declaration of Felipe Ortiz, # 5 Declaration of Marcelino Flores, # 6 Declaration of Victor Alzamora Capunay, # 7 Declaration of Andres Escorcia Tinoco, # 8 Declaration of A. Morales, # 9 Declaration of Isaac Huaman Bautista with Exhibits A and B, # 10 Declaration of G., # 11 Declaration of Ilana Herr, Esq., # 12 Declaration of Anna Meixler, # 13 Declaration of Priscila Abraham, Esq. with Exhibit A, # 14 Declaration (Supplemental) of Ian G. Peacock, Ph.D. with Exhibits A through E, # 15 Declaration of Maureen A. Sweeney, Esq. with Exhibit A, # 16 Declaration of Shira Wisotsky, Esq., # 17 Exhibit A through M to the Declaration of Shira Wisotsky, Esq., # 18 Exhibit N through Z to the Declaration of Shira Wisotsky, Esq., # 19 Exhibit AA through II to the Declaration of Shira Wisotsky, Esq.)(ROONEY, GAVIN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 10/16/2024)

BRIEF (Corrected) in Support of Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Docket Entry No. 30) (ROONEY, GAVIN) (Entered: 10/16/2024)

DECLARATION of Viktoria Zerda re 30 Proposed Pretrial Order, 29 Letter by All Plaintiffs. (ROONEY, GAVIN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 10/16/2024)

ORDER that Plaintiffs' 30 Application for a Temporary Restraining Order is denied as it does not meet the relevant standards. Defendants shall make any filing as to the TRO application they may wish to. The filing shall be made on or before 9:00 am on 10/23/2024. Any reply by the Plaintiffs shall be made on or before 12:00 pm on 10/25/2024. The request for potential expedited discovery is hereby referred to the United States Magistrate Judge. The Honorable Michael Farbiarz, U.S.D.J. shall retain jurisdiction over this matter. Signed by Judge Brian R. Martinotti on 10/18/2024. (wh) (Entered: 10/18/2024)

Letter from Defendants re 34 Order,, 30 Proposed Pretrial Order,. (HUMMEL, JORDAN) (Entered: 10/18/2024)

Letter from Naomi D. Barrowclough re 34 Order,, 30 Proposed Pretrial Order,. (BARROWCLOUGH, NAOMI) (Entered: 10/19/2024)

TEXT ORDER: In their motion to transfer [ECF 28], the Defendants have argued that this case should be transferred to the District where the relevant detention facility is located. The Plaintiff's response to that motion is due today. The Court will resolve that motion before any merits-related questions. Given that backdrop, the briefing deadlines set on October 18 [ECF 34] are hereby adjourned sine die and oral argument on the motion to transfer is set for October 28, 2024, at 4:15 PM. So Ordered by Judge Michael E. Farbiarz on 10/21/2024. (ro, ) (Entered: 10/21/2024)

DECLARATION of Glykeria Teji, Esq. re 30 Proposed Pretrial Order, by All Plaintiffs. (ROONEY, GAVIN) (Entered: 10/21/2024)

RESPONSE in Opposition filed by All Plaintiffs re 28 MOTION to Transfer Case to Western District of Pennsylvania MOTION to Stay All Filing Deadlines (ROONEY, GAVIN) (Entered: 10/21/2024)

REPLY BRIEF to Opposition to Motion filed by All Defendants re 28 MOTION to Transfer Case to Western District of Pennsylvania MOTION to Stay All Filing Deadlines (SCHUTRUM-BOWARD, DANIEL) (Entered: 10/28/2024)

Minute Entry for proceedings held before Judge Michael E. Farbiarz: Motion Hearing held on 10/28/2024 re 28 MOTION to Transfer Case to Western District of Pennsylvania MOTION to Stay All Filing Deadlines filed by EXECUTIVE ASSOCIATE DIRECTOR OF ICE'S ENFORCEMENT AND REMOVAL OPERATIONS, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, ASSISTANT FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), U.S. DEPARTMENT OF HOMELAND SECURITY. (Court Reporter, Lisa Larsen (973-776-7741)) (ro, ) (Entered: 10/28/2024)

Letter from Gavin J. Rooney re 41 Motion Hearing,,. (ROONEY, GAVIN) (Entered: 10/29/2024)

ORDER granting Defendants' 28 Motion to Transfer Case to the Western District of Pennsylvania. For the reasons stated at oral argument, the motion is GRANTED and the case is hereby transferred. ***CIVIL CASE TERMINATED. Signed by Judge Michael E. Farbiarz on 10/30/2024. (wh) (Entered: 10/30/2024)

Case transferred in from District of New Jersey; Case Number 2:24-cv-09105. Original file certified copy of transfer order and docket sheet received. (Entered: 10/31/2024)

Magistrate Judge Patricia L. Dodge added. (bgs)

MOTION for attorney Daniel Schutrum-Boward to Appear Pro Hac Vice, (Filing fee $70 by EXECUTIVE ASSOCIATE DIRECTOR OF ICE'S ENFORCEMENT AND REMOVAL OPERATIONS, FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, ASSISTANT FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"). (Attachments: # 1 Affidavit of Daniel Schutrum-Boward in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (SCHUTRUM-BOWARD, DANIEL) (Entered: 10/31/2024)

MOTION for attorney Jordan Hummel to Appear Pro Hac Vice, (Filing fee $70 by EXECUTIVE ASSOCIATE DIRECTOR OF ICE'S ENFORCEMENT AND REMOVAL OPERATIONS, FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, ASSISTANT FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"). (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Hummel, Jordan) (Entered: 11/01/2024)

Order for Consent/DJO form

Order on Motion to Appear Pro Hac Vice

TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 11/8/2024, the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. Signed by Magistrate Judge Patricia L. Dodge on 11/1/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) (Entered: 11/01/2024)

ORDER granting 45 Motion for Daniel Schutrum-Boward to Appear Pro Hac Vice. Signed by Magistrate Judge Patricia L. Dodge on 11/1/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) (Entered: 11/01/2024)

ORDER granting 46 Motion for Jordan Hummel to Appear Pro Hac Vice. Signed by Magistrate Judge Patricia L. Dodge on 11/1/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) (Entered: 11/01/2024)

MOTION for attorney Hana Shatila to Appear Pro Hac Vice, (Filing fee $70 by EXECUTIVE ASSOCIATE DIRECTOR OF ICE'S ENFORCEMENT AND REMOVAL OPERATIONS, FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, ASSISTANT FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"). (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Shatila, Hana) (Entered: 11/05/2024)

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by EXECUTIVE ASSOCIATE DIRECTOR OF ICE'S ENFORCEMENT AND REMOVAL OPERATIONS, FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, ASSISTANT FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"). (Hummel, Jordan) (Entered: 11/05/2024)

ORDER granting 50 Motion for Hana Shatila to Appear Pro Hac Vice. Signed by Magistrate Judge Patricia L. Dodge on 11/6/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) (Entered: 11/06/2024)

Order on Motion to Appear Pro Hac Vice

Joint MOTION Scheduling Order by THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM, JOSEFINA DOE, ISABELA DOE, COMMOR JEROME WELCH, FELIPE NIOMAR MARTINEZ ORTIZ, JOSE DOE. (Attachments: # 1 Proposed Order Joint Proposed Scheduling Order) (Wisotsky, Shira) (Entered: 11/06/2024)

Judge Stephanie L. Haines presiding and Magistrate Judge Patricia L. Dodge referred. Motions referred to Patricia L. Dodge. (bgs)

MOTION for attorney Kevin Hirst to Appear Pro Hac Vice, (Filing fee $70 by EXECUTIVE ASSOCIATE DIRECTOR OF ICE'S ENFORCEMENT AND REMOVAL OPERATIONS, FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, ASSISTANT FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"). Motion(s) referred to Patricia L. Dodge. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Hirst, Kevin) (Entered: 11/07/2024)

ORDER granting 54 Motion for Kevin Hirst to Appear Pro Hac Vice. Signed by Magistrate Judge Patricia L. Dodge on 11/8/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) (Entered: 11/08/2024)

Order on Motion to Appear Pro Hac Vice

ORDER granting 53 Joint MOTION Scheduling Order by THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM, JOSEFINA DOE, ISABELA DOE, COMMOR JEROME WELCH, FELIPE NIOMAR MARTINEZ ORTIZ, and JOSE DOE as more fully described in said Order. Response to Plaintiffs' motion due by November 15, 2024. Reply due by November 20, 2024. Signed by Magistrate Judge Patricia L. Dodge on 11/12/2024. (mqe) (Entered: 11/12/2024)

Order

ORDER. Counsel is advised that pursuant to the practices of this Court, letters are not to be sent to Chambers or filed on the docketed unless specifically requested. All requests for relief and positions of the parties should be filed on the docket in the form of a motion or other appropriate pleading. Signed by Magistrate Judge Patricia L. Dodge on 11/12/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) (Entered: 11/12/2024)

~Util - Set Hearings

Motion 30 Hearing set for 12/5/2024 02:30 PM in Courtroom A - Johnstown before Judge Stephanie L. Haines. Signed by Judge Stephanie L. Haines on 11/14/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cag)

Unopposed MOTION for Leave to File Excess Pages by EXECUTIVE ASSOCIATE DIRECTOR OF ICE'S ENFORCEMENT AND REMOVAL OPERATIONS, FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, ASSISTANT FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"). Motion(s) referred to Patricia L. Dodge. (Attachments: # 1 Proposed Order) (Hirst, Kevin) (Entered: 11/15/2024)

ORDER granting 58 Motion for Leave to File Excess Pages. Defendants' Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction shall not exceed 50 pages. Signed by Judge Stephanie L. Haines on 11/15/2024. (dlg) (Entered: 11/15/2024)

BRIEF in Opposition re 30 Motion for Miscellaneous Relief 2, TRO and/or PI filed by EXECUTIVE ASSOCIATE DIRECTOR OF ICE'S ENFORCEMENT AND REMOVAL OPERATIONS, FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, ASSISTANT FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit) (Hummel, Jordan) (Entered: 11/15/2024)

First MOTION for Extension of Time to File Response/Reply, First MOTION for Leave to File Excess Pages by JOSEFINA DOE, ISABELA DOE, COMMOR JEROME WELCH, FELIPE NIOMAR MARTINEZ ORTIZ, JOSE DOE. Motion(s) referred to Patricia L. Dodge. (Attachments: # 1 Proposed Order) (Wisotsky, Shira) (Entered: 11/19/2024)

ORDER - Upon consideration of Plaintiffs' Unopposed Motion to Extend Time for and File an Overlength Reply to Defendants' Opposition to Plaintiffs' Motion for a Preliminary Injunction, it is hereby ORDERED that the Motion is GRANTED. Plaintiffs shall file their reply to Defendants' Opposition to Plaintiffs' Motion for a Preliminary Injunction on or before November 26, 2024, at 12:00 PM EST and the reply shall not exceed twenty pages. Signed by Judge Stephanie L. Haines on 11/20/2024. (dlg) (Entered: 11/20/2024)

Unopposed MOTION to Seal Document Motion to Proceed Under Pseudonym by THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM, JOSEFINA DOE, ISABELA DOE, COMMOR JEROME WELCH, FELIPE NIOMAR MARTINEZ ORTIZ, JOSE DOE. Motion(s) referred to Patricia L. Dodge. (Attachments: # 1 Proposed Order) (Wisotsky, Shira) (Entered: 11/25/2024)

Unopposed MOTION to Seal Document Exhibits to Class Certification Motion by THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM, JOSEFINA DOE, ISABELA DOE, COMMOR JEROME WELCH, FELIPE NIOMAR MARTINEZ ORTIZ, JOSE DOE. Motion(s) referred to Patricia L. Dodge. (Attachments: # 1 Proposed Order) (Wisotsky, Shira) (Entered: 11/25/2024)

Unopposed MOTION to Seal Document 31 Exhibits to PI/TRO Motion by THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM, JOSEFINA DOE, ISABELA DOE, COMMOR JEROME WELCH, FELIPE NIOMAR MARTINEZ ORTIZ, JOSE DOE. Motion(s) referred to Patricia L. Dodge. (Attachments: # 1 Proposed Order) (Wisotsky, Shira) (Entered: 11/25/2024)

REPLY to Response to Motion re 60 Brief in Opposition to Motion,,, filed by THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM, JOSEFINA DOE, ISABELA DOE, COMMOR JEROME WELCH, FELIPE NIOMAR MARTINEZ ORTIZ, JOSE DOE. (Wisotsky, Shira) (Entered: 11/26/2024)

ORDER granting 63 Unopposed Motion to Redact Certain Documents. The documents filed at ECF Nos. 3-2 through 3-4 shall be maintained in redacted form. This order is provisional in that it may be modified at any time for good cause shown upon the motion of any party, or by the Court upon its own motion. Signed by Magistrate Judge Patricia L. Dodge on 11/27/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (emk) (Entered: 11/27/2024)

Order on Motion to Seal Document

ORDER granting 64 Unopposed Motion to Redact Certain Documents. The documents filed at ECF Nos. 2-4, 2-5, 2-8, 2-9, 2-10, 2-11 and 2-12 shall be maintained in redacted form. This order is provisional in that it may be modified at any time for good cause shown upon the motion of any party, or by the Court upon its own motion. Signed by Magistrate Judge Patricia L. Dodge on 11/27/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (emk) (Entered: 11/27/2024)

ORDER granting 65 Motion for Leave to Maintain Documents Under Seal. The documents filed at ECF Nos. 31 through 31-19, and 33 will be maintained under seal. Plaintiffs shall electronically file a redacted version of these documents, using the Redacted Document event, no later than December 6, 2024. This Order authorizing the filing of certain materials under seal is provisional in that it may be vacated or modified, in whole or in part, at any time for good cause shown upon the motion of any party (or any other person with a recognized interest as to such matters), or by the Court upon its own motion. The parties are advised that with respect to any future motions to seal, they shall not electronically file the sealed version of a document until they electronically file the redacted version of the document, using the Redacted Document event, unless otherwise ordered by the Court. In that event, the parties are required to serve the sealed document on counsel using traditional service methods. Signed by Magistrate Judge Patricia L. Dodge on 11/27/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (emk) (Entered: 11/27/2024)

NOTICE of Appearance by Zoe Collins Burke on behalf of THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM, JOSEFINA DOE, ISABELA DOE, COMMOR JEROME WELCH, FELIPE NIOMAR MARTINEZ ORTIZ, JOSE DOE. (Burke, Zoe) (Entered: 12/05/2024)

Minute Entry for proceedings held before Judge Stephanie L. Haines: Motion Hearing held on 12/5/2024 re 30 MOTION filed by JOSE DOE, ISABELA DOE, THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM, FELIPE NIOMAR MARTINEZ ORTIZ, COMMOR JEROME WELCH, JOSEFINA DOE. Court convened for a hearing on Plaintiffs' Motion for a Preliminary Injunction [ECF No. 30]. The Court heard arguments from Counsel on behalf of Plaintiffs and Counsel on behalf of Defendants. The Court took the issues under advisement and will issue an order in due course. Court adjourned. (Court Reporter: Shirley Hall) (dag) (Entered: 12/06/2024)

REDACTION to 31 Declaration,,,,,, 33 Declaration,, 69 Order on Motion to Seal Document,,,, Declaration of Josefina Doe (DE No. 31) by THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM, JOSEFINA DOE, ISABELA DOE, COMMOR JEROME WELCH, FELIPE NIOMAR MARTINEZ ORTIZ, JOSE DOE. (Attachments: # 1 Declaration of Isabela Doe (filed at DE No. 31-1), # 2 Declaration of Jose Doe (filed at DE No. 31-2), # 3 Declaration of Commor Welch (filed at DE No. 31-3), # 4 Declaration of Felipe Ortiz (filed at DE No. 31-4), # 5 Declaration of Marcelino Flores (filed at DE No. 31-5), # 6 Declaration of Victor Alzamora Capunay (filed at DE No. 31-6), # 7 Declaration of Andres Escorcia Tinoco (filed at DE No. 31-7), # 8 Declaration of A. Morales (filed at DE No. 31-8), # 9 Declaration of lsaac Huaman Bautista with Exhibits A and B (filed at DE No. 31-9), # 10 Declaration of G. (filed at DE No. 31-10), # 11 Declaration of Ilana Herr, Esq. (filed at DE No. 31-11; Unsealed/Not Redacted), # 12 Declaration of Anna Meixler (filed at DE No. 31-12), # 13 Declaration of Priscila Abraham, Esq. with Exhibit A (filed at DE No. 31-13), # 14 Declaration (Supplemental) of lan G. Peacock, Ph.D. with Exhibits A through E (filed at DE No. 31-14; Unsealed/Not Redacted), # 15 Declaration of Maureen A. Sweeney, Esq. with Exhibit A (filed at DE No. 31-15; Unsealed/Not Redacted), # 16 Declaration of Shira Wisotsky, Esq. (filed at DE No. 31-16; Unsealed/Not Redacted), # 17 Exhibit A through M to the Declaration of Shira Wisotsky, Esq. (filed at DE No. 31-17), # 18 Exhibit N through Z to the Declaration of Shira Wisotsky, Esq. (filed at DE No. 31-18), # 19 Exhibit AA through II to the Declaration of Shira Wisotsky, Esq. (filed at DE No. 31-19), # 20 Declaration of Viktoria Zerda (filed at DE No. 33; Unsealed/Not Redacted)) (Wisotsky, Shira) (Entered: 12/06/2024)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Motion Hearing held on December 5, 2024, before Judge Stephanie L. Haines. Court Reporter Shirley Hall, Email: shirleyhall_uscra@yahoo.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 12/16/2024. Redaction Request due 12/30/2024. Redacted Transcript Deadline set for 1/9/2025. Release of Transcript Restriction set for 3/10/2025. (sah) (Entered: 12/09/2024)

MOTION for attorney Tiffany J. Lieu to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8617025) by THE AMERICAN FRIENDS SERVICE COMMITTEE, IMMIGRANT RIGHTS PROGRAM, JOSEFINA DOE, ISABELA DOE, COMMOR JEROME WELCH, FELIPE NIOMAR MARTINEZ ORTIZ, JOSE DOE. Motion(s) referred to Patricia L. Dodge. (Attachments: # 1 Proposed Order) (Lieu, Tiffany) (Entered: 12/20/2024)

ORDER granting 74 Motion for Tiffany J. Lieu to Appear Pro Hac Vice.. Signed by Judge Stephanie L. Haines on 12/20/2024. (kss) (Entered: 12/20/2024)

MEMORANDUM OPINION - The Court finds Plaintiffs have satisfied all four elements warranting injunctive relief. Plaintiffs have established they are likely to succeed on the merits of their claims, that they suffer immediate and irreparable harm when unable to attend criminal hearings remotely, that the harms inflicted on the Plaintiffs outweigh any harm to Defendants in abiding by the preliminary injunction, and that injunctive relief is in the public interest. Accordingly, the Court will GRANT Plaintiffs' request for a preliminary injunction. An appropriate order will follow, and as more fully stated in said Memorandum Opinion. Signed by Judge Stephanie L. Haines on 1/31/2025. (dlg)

ORDER - IT IS HEREBY ORDERED that Plaintiffs' request for a preliminary injunction is GRANTED; and, IT IS HEREBY FURTHER ORDERED that Moshannon Valley Detention Center shall immediately function in compliance with the tenants of the United States Constitution and the civil rights attributable thereunder as indicated in the Memorandum Opinion issued concurrently with this Order. Signed by Judge Stephanie L. Haines on 1/31/2025. (dlg) (Entered: 01/31/2025)

MOTION for attorney Alexandra L. Yeatts to Appear Pro Hac Vice, (Filing fee $70 by ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), ASSISTANT FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, EXECUTIVE ASSOCIATE DIRECTOR OF ICE'S ENFORCEMENT AND REMOVAL OPERATIONS, FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. Motion(s) referred to Patricia L. Dodge. (Attachments: # 1 Affidavit, # 2 Exhibit cert of good standing, # 3 Proposed Order) (Yeatts, Alexandra) (Entered: 02/02/2025)

ORDER granting 78 Motion for Alexandra L. Yeatts to Appear Pro Hac Vice. Signed by Magistrate Judge Patricia L. Dodge on 2/3/2025. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) (Entered: 02/03/2025)

Order on Motion to Appear Pro Hac Vice

Unopposed MOTION for Leave to File Excess Pages in Defendants Motion to Dismiss by ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), ASSISTANT FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, EXECUTIVE ASSOCIATE DIRECTOR OF ICE'S ENFORCEMENT AND REMOVAL OPERATIONS, FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. Motion(s) referred to Patricia L. Dodge. (Attachments: # 1 Proposed Order) (Hummel, Jordan) (Entered: 02/14/2025)

MOTION for Clarification as to 77 Order on Motion Request for a Preliminary Injunction, 76 Memorandum Opinion,, by ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), ASSISTANT FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, EXECUTIVE ASSOCIATE DIRECTOR OF ICE'S ENFORCEMENT AND REMOVAL OPERATIONS, FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. Motion(s) referred to Judge Stephanie L. Haines. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order) (Hummel, Jordan) Modified text on 2/19/2025 to edit docket text. (jd) Modified text on 2/25/2025. (mqe) (Entered: 02/14/2025)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re 1 Complaint,,, MOTION to Dismiss for Lack of Jurisdiction re 1 Complaint,, by ACTING DIRECTOR OF IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), ASSISTANT FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, EXECUTIVE ASSOCIATE DIRECTOR OF ICE'S ENFORCEMENT AND REMOVAL OPERATIONS, FIELD OFFICE DIRECTOR FOR THE ICE PHILADELPHIA FIELD OFFICE, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. Motion(s) referred to Patricia L. Dodge. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Proposed Order) (Hummel, Jordan) (Entered: 02/14/2025)

BRIEF in Support re 81 Motion for Clarification, filed at Entry 83 by Court (Brief was filed as part of he motion at 81 ). (jd)