Case: Ali v. Ashcroft

2:02-cv-02304 | U.S. District Court for the Western District of Washington

Filed Date: Nov. 13, 2002

Closed Date: Sept. 19, 2008

Clearinghouse coding complete

Case Summary

[The following summary is adapted with some additions from the Background section of the District Court's Order of March 30, 2007. See Ali v. Gonzales, 486 F. Supp. 2d 1197, 1199-1202 (W.D. Wash. 2007).]On November 13, 2002, five Somali nationals detained pending execution of a final order of removal to Somalia filed a petition for habeas corpus in the U.S. District Court for the Western District of Washington challenging respondent federal government's deportation methods and post-removal-orde…

[The following summary is adapted with some additions from the Background section of the District Court's Order of March 30, 2007. See Ali v. Gonzales, 486 F. Supp. 2d 1197, 1199-1202 (W.D. Wash. 2007).]

On November 13, 2002, five Somali nationals detained pending execution of a final order of removal to Somalia filed a petition for habeas corpus in the U.S. District Court for the Western District of Washington challenging respondent federal government's deportation methods and post-removal-order detention. Petitioners, represented by private counsel, claimed that removal to Somalia would violate 8 U.S.C. § 1231(b)(2) because Somalia had no government which could accept deportees, and therefore asked the court to enjoin their removal and order their release.

Prior to the initiation of this lawsuit, each of the petitioners had been detained for many months while the Government tried to achieve their removal, and were released from post-removal-order detention only in the wake of Zadvydas v. Davis, 533 U.S. 678 (2001) (holding that an alien may not be held in confinement once it is determined that there is no likelihood of removal in the reasonably foreseeable future). Petitioner Mohamud was re-detained in July 2002 upon revocation of his order of supervision, and petitioners Ali, Hundiye and Aweys were re-detained in November 2002 because the local immigration authorities were informed that their removal to Somalia was imminent. All the petitioners were informed that they would soon be removed to Somalia. Petitioners filed this action shortly after their re-detention.

The Court (Judge Marsha J. Pechman) issued a stay preventing petitioners' removal on the day their petition was filed. After petitioners filed an amended petition on Novermber 26, 2002, seeking certification of a nation-wide class, the stay was extended to a class of all individuals with final orders of removal to Somalia.

On December 10, 2002, the Court granted petitioners' motion for a temporary restraining order pending a hearing on the merits. Following a hearing on January 13, 2003, on January 17 the Court granted petitioners' request for a class-wide permanent injunction preventing the removals to Somalia, finding that 8 U.S.C. § 1231(b)(2) allowed deportation to a country only if its government could accept the deportees. Ali v. Ashcroft, 213 F.R.D. 390 (W.D. Wash. 2003). On the ground that there was no likelihood that petitioners would be removed in the reasonably foreseeable future, the Court also ordered that three of the petitioners (Ali, Hundiye and Aweys) be released from detention pursuant to Zadvydas. (Petitioner Mohamud had a separate habeas proceeding pending before Judge Barbara Rothstein (Mohamud v. INS, No. 2:02-cv-01686-BJR (W.D. Wash.)) and was thereafter ordered released by Judge Rothstein.)

The Government appealed the District Court's order, and on September 19, 2003, the Ninth Circuit affirmed. Ali v. Ashcroft, 346 F.3d 873 (9th Cir. 2003). Earlier that year, however, the Eight Circuit had decided the issue differently, holding that the United States immigration authorities did not have to obtain the acceptance of the removal country's government before the United States could repatriate an alien. See Jama v. INS, 329 F.3d 630 (8th Cir. 2003). The Government's request for rehearing was thus held in abeyance pending the appeal of the Eight Circuit decision to the Supreme Court.

On January 12, 2005, the Supreme Court held that the Government had authority to remove individuals to Somalia without the necessity of obtaining the acceptance of the removal country's government. Jama v. Immigration & Customs Enforcement, 543 U.S. 335 (2005). In light of this ruling, the Government moved to vacate the panel decision of the Ninth Circuit and remand with instructions that the District Court vacate the injunction, de-certify the class and reverse the order releasing the Petitioners from detention. On August 26, 2005, the Ninth Circuit granted the unopposed request to vacate the injunction, but, citing the long history of logistical difficulties in deporting Jama himself, remanded to the District Court the issue of whether or not petitioners could be re-detained. Ali v. Ashcroft, 421 F.3d 795 (9th Cir. 2005).

Upon returning to the District Court, the parties submitted a joint report in which they agreed that the injunction should be dissolved, the class decertified, and the detention claims of Petitioners dismissed without prejudice. The Court (Judge Pechman) entered an order adopting the parties' requests on April 27, 2006.

Meanwhile, following the District Court's granting of relief on the merits in January 2003, petitioners had moved for an award of attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, for work billed through January 2003. With the exception of some paralegal fees, the Court granted the motion on May 27, 2003, awarding petitioners a total of $129,449.46. An appeal to the Ninth Circuit was stayed while the decision on the appeal on the merits proceeded forward.

After briefing on the EAJA appeal following their order vacating the injunction, on November 30, 2006, the Court of Appeals remanded to the District Court to determine whether petitioners were still prevailing parties. Ali v. Gonzales, 237 Fed.Appx. 128 (9th Cir. 2006). On March 30, 2007, the District Court (Judge Pechman) found that petitioners were prevailing parties only to the extent that they had secured their release from detention, and thus reduced the award of attorney's fees to $54,468.25 to exclude work done on the class action portion of the suit.

(The court also imposed a $1,000 fine on the Government for submitting an overlong brief; this fine was reversed by the Ninth Circuit as an abuse of discretion on May 9, 2008. Ali v. Mukasey, 277 Fed. Appx. 741 (9th Cir. 2008).)

Summary Authors

Christopher Schad (6/14/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4781013/parties/ali-v-ashcroft/


Judge(s)

Paez, Richard A. (California)

Reavley, Thomas Morrow (Texas)

Smith, Norman Randy (Idaho)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

Beane, Amanda J. (Washington)

Boeder, Thomas L (Washington)

Brown, Karol E. (Washington)

Dahl, Christine Stebbins (Oregon)

Gellert, Nicholas Peter (Washington)

Johnson, Rolf B. (Washington)

Judge(s)

Paez, Richard A. (California)

Reavley, Thomas Morrow (Texas)

Smith, Norman Randy (Idaho)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

Beane, Amanda J. (Washington)

Boeder, Thomas L (Washington)

Brown, Karol E. (Washington)

Dahl, Christine Stebbins (Oregon)

Gellert, Nicholas Peter (Washington)

Johnson, Rolf B. (Washington)

Kastama, Barbara J. (Washington)

Ponzoli, Michael A. (District of Columbia)

Stern-Boswell, Richard A. (District of Columbia)

Attorneys(s) for Defendant

Cohen, Rebecca Shapiro (Washington)

Foster, Susan E. (Washington)

Keisler, Peter D. (District of Columbia)

Kipnis, Brian C (Washington)

Kline, David J. (District of Columbia)

Mack, Greg D. (District of Columbia)

McCallum, Robert D. Jr. (District of Columbia)

Mckay, John (Washington)

Pickrell, Christopher Lee (Washington)

Expert/Monitor/Master

Pechman, Marsha J. (Washington)

Documents in the Clearinghouse

Document

Ninth Circuit Docket

Ali v. Gonzalez

U. S. Court of Appeals for the Ninth Circuit

Jan. 23, 2007 Docket

Docket (PACER)

Oct. 31, 2008 Docket
8

First Amended, Consolidated Petition for Habeas Corpus for Individuals in Federal Custody - Class Action

Nov. 26, 2002 Complaint
18

Order Granting Petitioners' Motion for Temporary Restraining Order

Dec. 10, 2002 Order/Opinion
44

Order Granting Injunction and Certifying Class

213 F.R.D. 390

Jan. 17, 2003 Order/Opinion
57

Order [Granting] Petitioners' Motion for Attorney's Fees

May 27, 2003 Order/Opinion

[Ninth Circuit] Opinion [Affirming District Court's Order Granting Injunction and Certifying Class]

U. S. Court of Appeals for the Ninth Circuit

346 F.3d 873

Sept. 17, 2003 Order/Opinion
126

Order [Granting] Motion for Release from Indefinite Detention by Class Member Awad Garad

Nov. 24, 2004 Order/Opinion

[Ninth Circuit] Order [Remanding to the District Court to Vacate Injunction and Reconsider Class Certification]

Ali v. Gonzales

U. S. Court of Appeals for the Ninth Circuit

421 F.3d 795

Aug. 26, 2005 Order/Opinion
163

Order [Vacating Injunction, Decertifying Nationwide Class and Dismissing Detention Claims]

Ali v. Gonzales

April 27, 2006 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4781013/ali-v-ashcroft/

Last updated May 20, 2022, 1 a.m.

ECF Number Description Date Link
178

ORDER granting 170 Motion for Attorney Fees; granting 176 Motion for Leave to File Excess Pages. Signed by Judge Marsha J. Pechman.(SC, )

March 30, 2007 RECAP
1

CONSOLIDATED PETITION FOR 2241 WRIT OF HABEAS CORPUS FOR INDIVIDUALS IN FEDERAL CUSTODY by petitioners Receipt No. 308425 (DM) (Entered: 11/13/2002)

Nov. 13, 2002
186

ORDER rescinding sanction previously imposed on US Attorneys Office; signed by Judge Marsha J. Pechman. (SC)

Sept. 19, 2008 RECAP
2

MOTION by petitioners for temporary restraining order (DM) (Entered: 11/13/2002)

Nov. 13, 2002
3

DECLARATION of Nicholas Gellert (DM) (Entered: 11/13/2002)

Nov. 13, 2002

LODGED ORDER: re: motion for temporary restraining order [2−1] (DM) (Entered: 11/13/2002)

Nov. 13, 2002
4

AFFIDAVIT OF SERVICE by petitioner order lodged [0−0], declaration [3−1], motion for temporary restraining order [2−1], habeas corpus petition [1−1] (DM) (Entered: 11/13/2002)

Nov. 13, 2002
5

ORDER by Judge Marsha J. Pechman GRANTING motion for temporary restraining order [2−1] until 11/22/02 at 1:30; Order to Show Cause ddl 11/19/02 (cc: counsel, Judge) (DM) (Entered: 11/14/2002)

Nov. 14, 2002

LODGED ORDER: stipulated motion and order extending TRO and setting schedule (MD) (Entered: 11/18/2002)

Nov. 15, 2002
6

ATTORNEY APPEARANCE for respondent John D Ashcroft, respondent INS, respondent Robert S Coleman Jr by Chris Pickrell (MD) (Entered: 11/18/2002)

Nov. 15, 2002
7

STIPULATION and ORDER by Judge Marsha J. Pechman extending TRO and setting schedule. (cc: counsel, Judge) (MD) (Entered: 11/18/2002)

Nov. 18, 2002
8

FIRST AMENDED COMPLAINT/CONSOLIDATED PETITION by petitioners for Habeas Corpus for Individuals in Federal Custody − Class Action (MD) (Entered: 11/27/2002)

Nov. 26, 2002
9

MOTION by petitioners for temporary restraining order maintaining status quo until ruling by the court on the merits (MD) (Entered: 12/05/2002)

Dec. 4, 2002
11

DECLARATION of Karol Dezwager Brown re motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] (MD) (Entered: 12/05/2002)

Dec. 4, 2002
12

DECLARATION of Michele Garnett McKenzie re motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] (MD) (Entered: 12/05/2002)

Dec. 4, 2002

LODGED ORDER: re: motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] (MD) (Entered: 12/05/2002)

Dec. 4, 2002
13

AFFIDAVIT OF SERVICE by petitioner of motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] (MD) (Entered: 12/05/2002)

Dec. 4, 2002
14

ORDER by Judge Marsha J. Pechman SETTING hearing on petitioners' motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] at 3:00 12/9/02; response due 12/9/02; parties agree to maintain status quo until 12/9/02 hearing on TRO (cc: counsel, Judge, ES) (VK) (Entered: 12/05/2002)

Dec. 5, 2002
15

AMENDED ATTORNEY APPEARANCE for respondents by Greg D Mack (MD) (Entered: 12/09/2002)

Dec. 6, 2002
16

NOTICE by respondent OF RELATED CASE(s) C01−1614L;C02−832P et al (MD) (Entered: 12/09/2002)

Dec. 6, 2002
17

MOTION by respondent INS for leave to file overlength brief: opposition to petitioners' motion for tro NOTED FOR 12/9/02 (MD) (Entered: 12/09/2002)

Dec. 9, 2002

LODGED ORDER: re: motion for leave to file overlength brief: opposition to petitioners' motion for tro [17−1] (MD) (Entered: 12/09/2002)

Dec. 9, 2002

PROPOSED Respondents' opposition and exhibits re: motion for leave to file overlength brief: opposition to petitioners' motion for tro [17−1] (MD) (Entered: 12/09/2002)

Dec. 9, 2002
20

MINUTES: MJP; ; CR: Laurene Kelly; Pla Counsel Thomas Boeder; Def Counsel Mack/Pickrell/Klein. Telephonic Oral argument held on 12/9/02. MJP Grants the TRO and briefing schedule was established. No bond will be required. Respondents' request to stay the effect of the fuling on the TRO was denied. (MD) (Entered: 12/13/2002)

Dec. 9, 2002
18

ORDER by Judge Marsha J. Pechman GRANTING petitioner's motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] Oral Argument scheduled for 9:00 1/14/03; response due 12/16/02; petitioners may file opposition by 1/10/03 (cc: counsel, Judge) (LS) (Entered: 12/10/2002)

Dec. 10, 2002
19

TRANSCRIPT of proceedings for the following date(s): 12/9/02 (Re: Emergency Motion Hearing) CR initials: L. Kelly (SA) (Entered: 12/13/2002)

Dec. 11, 2002
21

NOTICE by respondents of filing INS Administrative Records (MD) (Entered: 12/17/2002)

Dec. 16, 2002
22

RESPONSE and Return by respondent to petitioners' first amended consolidated petition for HC for individuals in Fed Custody−Class Action re: complaint [8−1] (MD) (Entered: 12/17/2002)

Dec. 16, 2002
23

EXHIBITS re: response [22−1] (MD) (Entered: 12/17/2002)

Dec. 16, 2002
24

MOTION by respondent for leave to file overlength return brief in opposition NOTED FOR 12/16/02 (MD) (Entered: 12/17/2002)

Dec. 16, 2002

LODGED ORDER: re: motion for leave to file overlength return brief in opposition [24−1] (MD) (Entered: 12/17/2002)

Dec. 16, 2002
26

ORDER by Judge Marsha J. Pechman GRANTING respondents' motion for leave to file overlength return brief in opposition [24−1] (cc: counsel, Judge) (MD) (Entered: 12/19/2002)

Dec. 18, 2002
27

MINUTES: BJR; Pla Counsel Susan Foster/Nick Gellert; Def Counsel Greogry Mack. Telephone conference held on 12/24/02 re: discovery dispute (MD) (Entered: 12/26/2002)

Dec. 24, 2002
28

MOTION by petitioner to certify class action NOTED FOR 1/14/03 (VK) (Entered: 12/30/2002)

Dec. 30, 2002
29

DECLARATION of Thomas L. Boeder by petitioner re motion to certify class action [28−1] − atty qualifications (VK) (Entered: 12/30/2002)

Dec. 30, 2002

LODGED ORDER: re: motion to certify class action [28−1] (VK) (Entered: 12/30/2002)

Dec. 30, 2002
30

AFFIDAVIT OF SERVICE by petitioner motion to certify class action [28−1] etc. (VK) (Entered: 12/30/2002)

Dec. 30, 2002
31

ERRATA to declaration of Thomas L Boeder [29−1] (MD) (Entered: 01/02/2003)

Dec. 31, 2002
32

REPLY and Traverse by petitioners [28−1] (MD) (Entered: 01/13/2003)

Jan. 10, 2003
33

DECLARATION of Nicholas P Gellert re: reply [32−1] (MD) (Entered: 01/13/2003)

Jan. 10, 2003
34

DECLARATION of Susan E Foster re: reply [32−1] (MD) (Entered: 01/13/2003)

Jan. 10, 2003
35

DECLARATION of Joan M Fitzpatrick re: reply [32−1] (MD) (Entered: 01/13/2003)

Jan. 10, 2003
36

AFFIDAVIT OF SERVICE by petitioners of reply [32−1] (MD) (Entered: 01/13/2003)

Jan. 10, 2003
37

MEMORANDUM by respondent in opposition to petitioners' motion and memorandum in support to certify class action [28−1] (MD) (Entered: 01/14/2003)

Jan. 13, 2003
38

SUPPLEMENT by petitioner traverse and reply re motion to certify class action [28−1] (MD) (Entered: 01/14/2003)

Jan. 13, 2003
39

DECLARATION (supplemental) of Susan E Foster re: supplemental [38−1] (MD) (Entered: 01/14/2003)

Jan. 13, 2003
40

AFFIDAVIT OF SERVICE by petitioner of supplemental [38−1] (MD) (Entered: 01/14/2003)

Jan. 13, 2003
41

MINUTES: MJP; Dep Clerk: Eileen; CR: L Kelly; Pla Counsel Thomas Boeder; Def Counsel Gary Mack. In−court hrg held on 1/14/03 re: petitioner's motion for prel inj. GRANTING motion to certify class action [28−1] and motion for prel inj. Court will issue a written opinion by Friday 1/17/03. Petitioners are remanded to custody. (MD) (Entered: 01/15/2003)

Jan. 14, 2003
42

TRANSCRIPT of proceedings for the following date(s): 1/14/03 (Re: Court's Ruling) CR initials: L. Kelly (SA) (Entered: 01/16/2003)

Jan. 16, 2003
43

TRANSCRIPT of proceedings for the following date(s): 1/14/03 (Re: Oral Argument) CR initials: L. Kelly (SA) (Entered: 01/16/2003)

Jan. 16, 2003
45

SUPPLEMENTAL MEMORANDUM by petitioners' re jurisdiction and detention [28−1] (MD) (Entered: 01/21/2003)

Jan. 16, 2003
46

RESPONSE by respondent to court's request for briefing on procedural matters regarding detention of petitioners and re: motion to certify class action [28−1] (MD) (Entered: 01/21/2003)

Jan. 16, 2003
44

ORDER GRANTING INJUNCTION AND CERTIFYING CLASS by Judge Marsha J. Pechman. The use of a class action is necessary to litigate to open the doors of the courthouse for a large number of Somalis whose identity and location the Government refuses to reveal. A permanent injunction shall issue on behalf of the class. The individual Petitioners Ali Hundiye, and Aweys shall be released pursuant to this Court's Order. (cc: counsel, Judge) (CL) (Entered: 01/17/2003)

Jan. 17, 2003
47

NOTICE by respondents of petitioners' release as to Ali; Aweys; and Hussein re: order [44−1] (MD) (Entered: 01/28/2003)

Jan. 27, 2003
48

NOTICE OF APPEAL (03−35096) by respondent Robert S Coleman Jr, respondent INS, respondent John D Ashcroft from Dist. Court decision [44−1] (cc: CCA, Judge, counsel) (SA) Modified on 02/12/2003 (Entered: 02/10/2003)

Feb. 7, 2003

APPEAL FEE NOT RECEIVED: Fee not required, government agency. (SA) (Entered: 02/10/2003)

Feb. 7, 2003

APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (SA) (Entered: 02/10/2003)

Feb. 10, 2003

NOTIFICATION by Circuit Court of Appellate Docket Number 03−35096 (SA) (Entered: 02/12/2003)

Feb. 11, 2003
49

TIME SCHEDULE ORDER (CCA 03−35096) Appellant notify appellee of trans. ordered 2/18/03; appellee notify appellant of additional trans. 2/27/03; appellant file trans with district court 3/10/03; Court Reporter file trans. 4/9/03; Appellant opening brief due 5/27/03; Appellee brief due 6/25/03; Reply brief due w/in 14 days of service of appellee brief. (SA) (Entered: 02/12/2003)

Feb. 11, 2003
53

TRANSCRIPT DESIGNATION and Ordering Form for dates: 12/9/02, 1/14/02 [48−1] filed by Christopher Pickrell. (SA) (Entered: 02/24/2003)

Feb. 19, 2003
50

MOTION by petitioner for attorney fees and costs NOTED FOR 3/7/03 (MD) (Entered: 02/21/2003)

Feb. 20, 2003
51

DECLARATION of Nicholas P Gellert re motion for attorney fees and costs [50−1] (MD) (Entered: 02/21/2003)

Feb. 20, 2003

LODGED ORDER: re: motion for attorney fees and costs [50−1] (MD) (Entered: 02/21/2003)

Feb. 20, 2003
52

AFFIDAVIT OF SERVICE by petitioner of motion for attorney fees and costs [50−1] (MD) (Entered: 02/21/2003)

Feb. 20, 2003
54

ORDER (CCA 03−35096) Appellants' motion to expedite briefing, oral argument, is GRANTED. Motion to expedite disposition shall be referred to the panel. District Court Clerk is requested to issue Certificate of Record as soon as practicable. Opening brief due 3/21/03; answering brief due 4/21/03; optional reply brief due 14 days from service of answering brief. CCA, Judge, counsel) (SA) (Entered: 02/25/2003)

Feb. 22, 2003
55

RESPONSE by respondents IN OPPOSITION to motion for attorney fees and costs [50−1] (LS) (Entered: 03/04/2003)

March 3, 2003
56

REPLY by petitioners' re: on fee motion [50−1] (MD) (Entered: 03/06/2003)

March 5, 2003

CLERK'S RECORD ON APPEAL transmitted to Circuit (vol. 1−4, exp. 1−3) (SA) (Entered: 05/23/2003)

May 23, 2003
57

ORDER by Judge Marsha J. Pechman GRANTING petitioners' motion for attorney fees and costs [50−1] (cc: counsel, Judge) (MD) (Entered: 05/28/2003)

May 27, 2003
58

JUDGMENT: by Judge Marsha J. Pechman, It is ordered and adjudged petitioners are awarded costs and fees in the amount of $129,449.46 (cc: counsel, Judge, Jgm. Book) Entered on: 5/28/03 (MD) (Entered: 05/28/2003)

May 28, 2003
59

JUDGMENT: by Judge Marsha J. Pechman, It is ordered and adjudged− pursuant to this Court's order of 1/17/03 a permanent injunction prehibiting removal of Somali nationals to Somalia is entered. Petitioners Aweys, Ali and Hundiye are ordered release. Filing of this judgment was intended to be concurrent with that order. (cc: counsel, Judge, Jgm. Book) Entered on: 5/28/03 (MD) (Entered:

May 28, 2003

LODGED ORDER: re: motion for reconsideration/alter or amend the Court's 5/28/03 judgment awarding fees and costs to petitioners [60−1] (MD) (Entered: 06/10/2003)

June 9, 2003
61

MINUTE ORDER: by Judge Marsha J. Pechman Court hereby calls for a response pursuant to Local Rule CR7(h)(3). Such response shall be due on 6/23/03 and a reply due on 6/26/03 re: Gov motion to alter or amend judgment. (cc: counsel, Judge) (MD) (Entered: 06/19/2003)

June 19, 2003
62

RESPONSE/OPPOSITION to Motion filed by Petitioner Yusuf Ali Ali re 60 Motion for Reconsideration/alter or amend judgment awarding fees and costs to petitioners (MD, ) (Entered: 06/26/2003)

June 23, 2003
63

REPLY to Response to Motion filed by Respondent John D Ashcroft re 60 Motion for Reconsideration/alter or amend judgment (MD, ) (Entered: 07/01/2003)

June 26, 2003
64

SURREPLY filed by Petitioner Yusuf Ali Ali re 60 Motion for Reconsideration (Attachments: # 1)(MD, ) (Entered: 07/07/2003)

June 27, 2003
65

MOTION to Amend/correct EAJA reply by Respondent John D Ashcroft. Noting Date 7/18/2003. (Attachments: # proposed order (1))(MD, ) (Entered: 07/07/2003)

June 27, 2003
66

REPLY to Response to Motion filed by Respondent John D Ashcroft re 60 Motion for Reconsideration/alter or amend judgment awarding fees and costs to petitioners (MD, ) (Entered: 07/07/2003)

June 27, 2003
67

RESPONSE to Motion filed by Petitioner Yusuf Ali Ali re 65 MOTION to Amend (MD, ) (Entered: 07/17/2003)

July 11, 2003
68

CERTIFICATE OF SERVICE re 67 Response to Motion. (MD, ) (Entered: 07/17/2003)

July 11, 2003
69

NOTICE OF APPEAL (03−35620) as to 58 Judgment, 57 Order by Respondent John D Ashcroft. (Pickrell, Christopher) Modified on 8/6/2003 (SA, ). (Entered: 07/28/2003)

July 28, 2003

Appeal Fees not received: fee in the amount of $ 0. (receipt # n/a) re 69 Notice of Appeal filed by John D Ashcroft (SA, ) (Entered: 07/29/2003)

July 29, 2003

APPEAL NOTIFICATION packet sent to US Court of Appeals re 69 Notice of Appeal (SA, ) (Entered: 07/29/2003)

July 29, 2003
70

MINUTE ORDER granting 65 Motion to Amend Reply Brief. by Judge Marsha J. Pechman. (JS) (Entered: 07/30/2003)

July 30, 2003
71

ORDER denying 60 Motion to Alter or Amend Judgment pursuant to FRCP 59(e). by Judge Marsha J. Pechman. (JS) (Entered: 07/30/2003)

July 30, 2003

USCA Case Number (03−35620) for 69 Notice of Appeal filed by John D Ashcroft. (SA, ) (Entered: 08/06/2003)

July 30, 2003
73

NOTICE OF APPEAL (03−35791) as to 71 Order on Motion for Reconsideration by Respondent John D Ashcroft. (Pickrell, Christopher) Modified on 10/3/2003 (SA, ). (Entered: 09/26/2003)

Sept. 26, 2003

Appeal Fees NOT received: fee not required for government appellant. (SA, ) (Entered: 09/30/2003)

Sept. 30, 2003

APPEAL NOTIFICATION packet sent to US Court of Appeals re 73 Notice of Appeal (SA, ) (Entered: 09/30/2003)

Sept. 30, 2003

USCA Case Number 03−35791 for 73 Notice of Appeal filed by John D Ashcroft. (SA, ) (Entered: 10/03/2003)

Oct. 1, 2003
77

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman − Pla Counsel: Nick Gellert ; Def Counsel: Greg Mack ; Telephone Conference held on 8/3/2004. The parties are to submit briefing on 1) whether this Court has jurisdiction to take any action in light of the current posture before the Ninth Circuit, and 2) proposed notice to the class members currently in detention regarding the current status of the case. Briefing should be filed by 8/11. Oral Argument set for 8/24/2004 at 9:00 am, before Hon. Marsha J. Pechman. Class counsel directed to contact the two individuals who have contacted the Court to inform them of the current status.(RG, ) (Entered: 08/03/2004)

Aug. 3, 2004

Set/Reset Hearings: Oral Argument/In−court Hearing set for 8/24/2004 09:00 AM before Hon. Marsha J. Pechman. (MD, ) (Entered: 08/04/2004)

Aug. 3, 2004
78

MEMORANDUM re 77 Telephone Conference,, Re: Notice to Detained Class Members by Petitioner Yusuf Ali Ali. (Gellert, Nicholas) (Entered: 08/10/2004)

Aug. 10, 2004
79

MEMORANDUM Concerning the Court's Post−Appeal Authority and Proposed Notice to Class Members by Respondents John D Ashcroft, Robert S Coleman Jr, Immigration and Naturalization Service US. (Attachments: # 1 Exhibit A − part 1# 2 Exhibit A − part 2# 3 Exhibit 2− Filed Under Seal)(Pickrell, Christopher) (Entered: 08/10/2004)

Aug. 10, 2004
81

DECLARATION of Kevin Magnuson re 78 Memorandum re: Notice to Detained Class Members by Petitioner Yusuf Ali Ali. (Attachments: # 1 Exhibit pages 7−16)(Gellert, Nicholas) (Entered: 08/10/2004)

Aug. 10, 2004
82

SEALED DOCUMENT Declaration of Nicholas Gellert by Petitioner Yusuf Ali Ali re 78 Memorandum. (Attachments/exhibits: # 1 # 2 # 3 # 4 # 5 # 6)(Gellert, Nicholas) Modified text on 8/11/2004 (MD, ). (Entered: 08/10/2004)

Aug. 10, 2004
83

SEALED DOCUMENT Exhibit 2 by Respondents John D Ashcroft, Robert S Coleman Jr, Immigration and Naturalization Service US re 79 Memorandum. Originally filed electronically by counsel on 8/10/2004 as Ex Parte/Sealed. (AF, ) (Entered: 08/12/2004)

Aug. 10, 2004
84

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman − Dep Clerk: Eileen Scollard ; CR: Joseph Roth ; Pla Counsel: Nicolas Gellert, et al ; Def Counsel: Greg Mack, et al ; In Court Hearing held on 8/25/04. Discussion re Notice, order on website, receipt mechanism, etc. Court directs counsel to work with Law Clerk,Joseph Shaeffer. (ES) (Entered: 08/25/2004)

Aug. 25, 2004
85

REQUEST by Petitioner Yusuf Ali Ali for Entry of Order Regarding Notices re 84 In Court Hearing,. (Attachments: # 1 Proposed Order RE Notice of Classwide Injunction# 2 Exhibit to Proposed Order [pgs 5−19])(Gellert, Nicholas) (Entered: 09/02/2004)

Sept. 2, 2004
86

DECLARATION of Nicholas Gellert re 85 Request for Entry of Order Re Notices by Petitioner Yusuf Ali Ali. (Attachments: # 1 Exhibit to Declaration of Nicholas Gellert)(Gellert, Nicholas) (Entered: 09/02/2004)

Sept. 2, 2004

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 13, 2002

Closing Date: Sept. 19, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A nationwide habeas and declaratory class composed of all persons in the U.S. who were subject to final orders of removal to Somalia.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Service , Federal

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: $54,468.25

Order Duration: 2003 - 2006

Issues

General:

Habeas Corpus

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Detention - criteria