Case: Parinejad v. USICE

1:07-cv-10432 | U.S. District Court for the District of Massachusetts

Filed Date: March 2, 2007

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On March 2, 2007, a resident alien and two organizations that represent indigent aliens, the Political Asylum/Immigration Representation Project (PAIR) and the Catholic Legal Immigration Network, Inc. (CLINIC), filed a class action suit in the U.S. District Court for the District of Massachusetts, challenging the mandatory detention provision of Section 236(c) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1226(c). The plainitff also filed a petition for writ of habeas corpus pursu…

On March 2, 2007, a resident alien and two organizations that represent indigent aliens, the Political Asylum/Immigration Representation Project (PAIR) and the Catholic Legal Immigration Network, Inc. (CLINIC), filed a class action suit in the U.S. District Court for the District of Massachusetts, challenging the mandatory detention provision of Section 236(c) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1226(c). The plainitff also filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, requesting his immediate release from detention.

Plaintiffs' complaint asserts that Section 236(c) of the INA, in effect since October 9, 1998, requires the mandatory detention without bond of virtually all immigrants who commit a specified removable offense upon the immigrant's release from the criminal custody that resulted from the offense. Section 303(b) ("Transitional Period Custody Rules" or "TPCR") of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") provision, in effect until October 9, 1998, also required detention upon release for those who committed specified removable offenses, but did not preclude bond. Plaintiffs contended that the government misinterpreted both of those provisions and as a result, improperly detained individuals in contravention to the statutes.

Defendants moved to dismiss the case, asserting that the PAIR and CLINIC lacked standing and because the complaint failed to state a claim. All parties then moved for summary judgment.

On July 12, 2007, the District Court (Judge Richard G. Stearns) held a hearing on the limited issue of the plaintiff's writ of habeas corpus and deferred ruling on the other claims and defenses. Before the Court ruled on the habeas corpus petition, the plaintiff was released from custody, and he voluntarily dismissed his claims. Another detained alien, then moved to intervene in the case and be substituted as the named individual plaintiff.

The District Court (Judge Stearns) then took up the remaining motions. He denied the the second detained alien's motion to intervene and dismissed the remainder of the case, holding that organizations lacked standing to continue to pursue the case on Parinejad's behalf once he was released from custody. The Court noted that if the second detained alien wished to litigate the lawfulness of his detention, he needed to file his own lawsuit. -- F.Supp.2d ----, 2007 WL 2372627 (D.Mass.).

As of the date of this summary, plaintiffs had not filed a notice of appeal and the case remained closed.

Summary Authors

Dan Dalton (9/24/2007)

People


Judge(s)

Stearns, Richard Gaylore (Massachusetts)

Attorneys(s) for Plaintiff

Austin, Kristopher N (Massachusetts)

Doyle, Kerry E. (Massachusetts)

Gomez, Iris (Massachusetts)

Holper, Mary P (Massachusetts)

Martel, Michael P (Massachusetts)

Mirenda, Anthony (Massachusetts)

Saif, Justin N (Massachusetts)

Silverman, Howard A (Massachusetts)

Attorneys(s) for Defendant

Grady, Mark J. (Massachusetts)

Judge(s)

Stearns, Richard Gaylore (Massachusetts)

Attorneys(s) for Plaintiff

Austin, Kristopher N (Massachusetts)

Doyle, Kerry E. (Massachusetts)

Gomez, Iris (Massachusetts)

Holper, Mary P (Massachusetts)

Martel, Michael P (Massachusetts)

Mirenda, Anthony (Massachusetts)

Saif, Justin N (Massachusetts)

Silverman, Howard A (Massachusetts)

Attorneys(s) for Defendant

Grady, Mark J. (Massachusetts)

Documents in the Clearinghouse

Document

Docket [PACER]

Parinejad v. Chadbourne

Aug. 22, 2007 Docket
27

Second Amended Class Action Complaint for Declaratory, Injunctive and Mandamus Relief

Parinejad v. United States Immigration and Customs Enforcement Division of the Department of Homeland Security

May 29, 2007 Complaint
50

[Order]

Parinejad v. U.S. Immigration and Customs Enforcement Division of Department of Homeland Security

501 F.Supp.2d 280, 2007 WL 2372627, 2007 U.S.Dist.LEXIS 61139

Aug. 21, 2007 Order/Opinion

Resources

Title Description External URL

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Alexander (Attachments: # (1) Civil Cover Sheet)(Edge, Eugenia) (Entered: 03/02/2007)

March 2, 2007
1

COMPLAINT against Bruce Chadbourne, Michael Chertoff, United States of America , filed by Sassan Parinejad. (Attachments: # 1 Civil Cover Sheet)(Edge, Eugenia) (Entered: 03/02/2007)

March 2, 2007

Summons Issued as to Bruce Chadbourne, Michael Chertoff, United States of America, U.S. Attorney and U.S. Attorney General (Edge, Eugenia) (Entered: 03/02/2007)

March 2, 2007

Filing fee: $ 350.00, receipt number 78584 for 1 Complaint (Patch, Christine) (Entered: 03/05/2007)

March 5, 2007
2

First AMENDED COMPLAINT against all defendants Chadbourne, et al. , filed by Sassan Parinejad.(Doyle, Kerry) Modified on 5/2/2007 (Flaherty, Elaine). Please disregard, filed in error by attorney (Entered: 04/26/2007)

April 26, 2007
3

First AMENDED COMPLAINT against all defendants Chadbourne, et al. , filed by Sassan Parinejad. (Attachments: # 1 Exhibit List of Exhibits# 2 Exhibit Cavazos v. Moore# 3 Exhibit In re Manuel Garcia-Ramirez and In re Younes# 4 Exhibit Declaration of Attorney Mary Holper# 5 Exhibit Cox v. Monica# 6 Exhibit Declaration of Attorney Kerry E. Doyle# 7 Exhibit Parinejad Documents# 8 Exhibit Calcano Documents# 9 Exhibit Pierre Jacques Custody Documents# 10 Exhibit Declaration of Attorney William E. Graves Jr.)(Doyle, Kerry) Modified on 5/2/2007 (Flaherty, Elaine).Please disregard this entry, filed in error by attorney (Entered: 04/26/2007)

April 26, 2007
4

First AMENDED COMPLAINT against all defendants Chadbourne, et al. , filed by Sassan Parinejad. (Attachments: # 1 Part II First Amended Class Action Complaint# 2 Exhibit List of Exhibits# 3 Exhibit Ex. A Cavazos v. Moore# 4 Exhibit Ex. B In re Garcia-Ramirez & In re Younes# 5 Exhibit Ex. C Declaration of Attorney Mary Holper# 6 Exhibit Ex. D Cox v. Monica# 7 Exhibit Ex. E Declaration of Attorney Kerry E. Doyle# 8 Exhibit Ex. F Parinejad Documents# 9 Exhibit Ex G Calcano Documents# 10 Exhibit Ex. H Pierre Jacques Custody Documents# 11 Exhibit Ex. I Declaration of Attorney William E. Graves Jr.)(Doyle, Kerry) (Entered: 05/01/2007)

May 1, 2007
5

MOTION for Leave to Appear Pro Hac Vice for admission of Attorney Mary Holper Filing fee $ 50, receipt number 1502944. by Sassan Parinejad. (Attachments: # 1 Affidavit Affidavit of Mary Holper in Support of Motion) (Doyle, Kerry) (Entered: 05/01/2007)

May 1, 2007

Judge Richard G. Stearns : Electronic ORDER entered granting 5 Motion for Leave to Appear Pro Hac Vice Added Mary Holper for Sassan Parinejad (Flaherty, Elaine) (Entered: 05/02/2007)

May 2, 2007
6

MOTION to Dismiss for Lack of Jurisdiction , Failure to State a Claim, Improper Venue and Lack of Personal Jurisdiction by Forbes Byron, Andrea J. Cabral, Stuart Gladding, Alberto R. Gonzalez, Thomas M. Hodgson, Joseph D. Macdonald, Daniel W. Martin, Robert W. Norris, Lori H. Ricks, Wayne T Salisbury, United States Immigration and Customs Enforcement Division of the Department of Homeland Security, Albert J. Wright, Bruce Chadbourne, Michael Chertoff, United States of America.(Grady, Mark) (Entered: 05/15/2007)

May 15, 2007
7

MEMORANDUM in Support re 6 MOTION to Dismiss for Lack of Jurisdiction , Failure to State a Claim, Improper Venue and Lack of Personal Jurisdiction filed by Forbes Byron, Andrea J. Cabral, Stuart Gladding, Alberto R. Gonzalez, Thomas M. Hodgson, Joseph D. Macdonald, Daniel W. Martin, Robert W. Norris, Lori H. Ricks, Wayne T Salisbury, United States Immigration and Customs Enforcement Division of the Department of Homeland Security, Bruce Chadbourne, Michael Chertoff, United States of America. (Grady, Mark) (Entered: 05/15/2007)

May 15, 2007
8

NOTICE of Appearance by Kristopher N. Austin on behalf of PAIR Project, Inc. (Austin, Kristopher) (Entered: 05/17/2007)

May 17, 2007
9

MOTION for Leave to File Second Amended Class Action Complaint by PAIR Project, Inc.. (Attachments: # 1 Part I of Second Amended Class Complaint# 2 Part II of Second Amended Class Complaint# 3 List of Exhibits to Second Amended Class Complaint# 4 Ex. A -- Cavazos v. Moore# 5 Ex. B -- In re Garcia-Ramirez and In re Younes# 6 Ex. C -- Declaration of Mary Holper# 7 Ex. D -- Cox v. Monica# 8 Ex. E -- Declaration of Kerry Doyle# 9 Ex. F -- Parinejad Documents# 10 Ex. G -- Calcano Documents# 11 Ex. H -- Pierre Jacques Custody Documents# 12 Ex. I -- Declaration of William Graves)(Austin, Kristopher) (Entered: 05/17/2007)

May 17, 2007
10

US Marshal Process Receipt and Return for complaint. Cabral served Delivered on 5/17/07 (Flaherty, Elaine) (Entered: 05/18/2007)

May 18, 2007
11

SUMMONS Returned Executed Albert J. Wright served on 5/7/2007, answer due 5/28/2007. (Austin, Kristopher) (Entered: 05/18/2007)

May 18, 2007
12

SUMMONS Returned Executed Forbes Byron served on 5/7/2007, answer due 5/28/2007. (Austin, Kristopher) (Entered: 05/18/2007)

May 18, 2007
13

SUMMONS Returned Executed Andrea J. Cabral served on 5/7/2007, answer due 5/28/2007. (Austin, Kristopher) (Entered: 05/18/2007)

May 18, 2007
14

SUMMONS Returned Executed Thomas M. Hodgson served on 5/7/2007, answer due 5/28/2007. (Austin, Kristopher) (Entered: 05/18/2007)

May 18, 2007
15

SUMMONS Returned Executed Joseph D. Macdonald served on 5/7/2007, answer due 5/28/2007. (Austin, Kristopher) (Entered: 05/18/2007)

May 18, 2007
16

SUMMONS Returned Executed Robert W. Norris served on 5/9/2007, answer due 5/29/2007. (Austin, Kristopher) (Entered: 05/18/2007)

May 18, 2007
18

SUMMONS Returned Executed Lori H. Ricks served on 5/7/2007, answer due 5/28/2007. (Austin, Kristopher) (Entered: 05/18/2007)

May 18, 2007
19

SUMMONS Returned Executed Wayne T Salisbury served on 5/7/2007, answer due 5/28/2007. (Austin, Kristopher) (Entered: 05/18/2007)

May 18, 2007
20

SUMMONS Returned Executed Wayne T Salisbury served on 5/14/2007, answer due 6/4/2007. (Austin, Kristopher) (Entered: 05/18/2007)

May 18, 2007
21

SUMMONS Returned Executed by Bruce Chadbourne. Bruce Chadbourne served on 5/4/2007, answer due 7/3/2007. (Austin, Kristopher) (Entered: 05/18/2007)

May 18, 2007
22

SUMMONS Returned Executed by United States Immigration and Customs Enforcement Division of the Department of Homeland Security. United States Immigration and Customs Enforcement Division of the Department of Homeland Security served on 5/4/2007, answer due 7/3/2007. (Austin, Kristopher) (Entered: 05/18/2007)

May 18, 2007
23

SUMMONS Returned Executed by PAIR Project, Inc.. United States of America served on 5/4/2007, answer due 7/3/2007. (Austin, Kristopher) (Entered: 05/18/2007)

May 18, 2007
24

Withdrawal of motion: 7 Memorandum in Support of Motion,, filed by United States of America, Wayne T Salisbury, Lori H. Ricks, Stuart Gladding, Daniel W. Martin, Bruce Chadbourne, Joseph D. Macdonald, Michael Chertoff, Alberto R. Gonzalez, Robert W. Norris, Forbes Byron, Thomas M. Hodgson, Andrea J. Cabral, United States Immigration and Customs Enforcement Division of the Department of Homeland Security, 6 MOTION to Dismiss for Lack of Jurisdiction , Failure to State a Claim, Improper Venue and Lack of Personal Jurisdiction filed by United States of America, Wayne T Salisbury, Albert J. Wright, Lori H. Ricks, Stuart Gladding, Daniel W. Martin, Bruce Chadbourne, Joseph D. Macdonald, Robert W. Norris, Alberto R. Gonzalez, Michael Chertoff, Forbes Byron, Thomas M. Hodgson, United States Immigration and Customs Enforcement Division of the Department of Homeland Security, Andrea J. Cabral.. (Austin, Kristopher) (Entered: 05/25/2007)

May 25, 2007
25

NOTICE of Appearance by Michael P. Martel on behalf of Carlos Andres Calcano (Martel, Michael) Additional attachment(s) added on 6/12/2007 (Flaherty, Elaine). (Entered: 05/25/2007)

May 25, 2007

Judge Richard G. Stearns : Electronic ORDER entered granting 9 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Flaherty, Elaine) (Entered: 05/25/2007)

May 25, 2007

Judge Richard G. Stearns : ELECTRONIC ENDORSEMENT re 24 Withdrawal of motion to dismiss and enlarging time to 5/31/07 to respond to first amended complaint (Flaherty, Elaine) (Entered: 05/25/2007)

May 25, 2007
26

NOTICE of Appearance by Justin N. Saif on behalf of PAIR Project, Inc. (Saif, Justin) (Entered: 05/29/2007)

May 29, 2007
27

Second AMENDED COMPLAINT against Forbes Byron, Andrea J. Cabral, Stuart Gladding, Alberto R. Gonzalez, Thomas M. Hodgson, Joseph D. Macdonald, Daniel W. Martin, Robert W. Norris, Lori H. Ricks, Wayne T Salisbury, United States Immigration and Customs Enforcement Division of the Department of Homeland Security, Albert J. Wright, Bruce Chadbourne, Michael Chertoff Leave to File Granted on May 25, 2007 , filed by Carlos Andres Calcano, Sassan Parinejad, PAIR Project, Inc.. (Attachments: # 1 Part II of Second Amended Class Complaint# 2 List of Exhibits# 3 Exhibit A -- Cavazos v. Moore# 4 Exhibit B -- In re Garcia-Ramirez and In re Younes# 5 Exhibit C -- Declaration of Mary Holper# 6 Exhibit D -- Cox v. Monica# 7 Exhibit E -- Declaration of Kerry Doyle# 8 Exhibit F -- Parinejad Documents# 9 Exhibit G -- Calcano Documents# 10 Exhibit H -- Pierre Jacques Custody Documents# 11 Exhibit I -- Declaration of William Graves)(Saif, Justin) (Entered: 05/29/2007)

May 29, 2007
28

MOTION to Dismiss for Lack of Jurisdiction , For Lack of Standing, For Lack of Personal Jurisdiction And For Failure to State a Claim by Forbes Byron, Andrea J. Cabral, Stuart Gladding, Alberto R. Gonzalez, Thomas M. Hodgson, Joseph D. Macdonald, Daniel W. Martin, Robert W. Norris, Lori H. Ricks, Wayne T Salisbury, United States Immigration and Customs Enforcement Division of the Department of Homeland Security, Albert J. Wright, Bruce Chadbourne, Michael Chertoff, United States of America.(Grady, Mark) (Entered: 05/31/2007)

May 31, 2007
29

MEMORANDUM in Support re 28 MOTION to Dismiss for Lack of Jurisdiction , For Lack of Standing, For Lack of Personal Jurisdiction And For Failure to State a Claim filed by Forbes Byron, Andrea J. Cabral, Stuart Gladding, Alberto R. Gonzalez, Thomas M. Hodgson, Joseph D. Macdonald, Daniel W. Martin, Robert W. Norris, Lori H. Ricks, Wayne T Salisbury, United States Immigration and Customs Enforcement Division of the Department of Homeland Security, Albert J. Wright, Bruce Chadbourne, Michael Chertoff, United States of America. (Grady, Mark) (Entered: 05/31/2007)

May 31, 2007
30

MOTION for Order to Show Cause Why Writ of Habeas Corpus Should Not Issue by Carlos Andres Calcano.(Martel, Michael) (Entered: 06/08/2007)

June 8, 2007
31

MOTION for Order to Show Cause Why Writ of Habeas Corpus Should Not Issue by Sassan Parinejad.(Doyle, Kerry) (Entered: 06/08/2007)

June 8, 2007
32

MEMORANDUM in Support re 31 MOTION for Order to Show Cause Why Writ of Habeas Corpus Should Not Issue , 30 MOTION for Order to Show Cause Why Writ of Habeas Corpus Should Not Issue filed by Sassan Parinejad. (Attachments: # 1 Exhibit Cavazos v. Moore# 2 Exhibit Pearson memo)(Doyle, Kerry) (Entered: 06/08/2007)

June 8, 2007
33

Joint MOTION for Summary Judgment by PAIR Project, Inc..(Austin, Kristopher) (Entered: 06/14/2007)

June 14, 2007
35

STATEMENT of facts re 33 Joint MOTION for Summary Judgment. (Attachments: # 1 Affidavit Austin Affidavit)(Austin, Kristopher) (Entered: 06/14/2007)

June 14, 2007
36

Joint Opposition re 28 MOTION to Dismiss for Lack of Jurisdiction , For Lack of Standing, For Lack of Personal Jurisdiction And For Failure to State a Claim And In Support Of Plaintiffs' Joint Motion for Summary Judgment filed by PAIR Project, Inc.. (Austin, Kristopher) (Entered: 06/14/2007)

June 14, 2007

Judge Richard G. Stearns : Electronic ORDER entered denying 31 Motion for Order to Show Cause "The request for an emergency hearing is Denied. The government will file its opposition in the ordinary course." (Flaherty, Elaine) (Entered: 06/15/2007)

June 14, 2007
37

NOTICE by PAIR Project, Inc. of Recent Decision Supporting Plaintiffs' Interpretation of INA § 236 (Attachments: # 1 Exhibit Cox v. Monica decision) (Austin, Kristopher) (Entered: 06/21/2007)

June 21, 2007
38

MOTION for Extension of Time to July 6, 2007 to File Response/Reply as to 33 Joint MOTION for Summary Judgment, 30 MOTION for Order to Show Cause Why Writ of Habeas Corpus Should Not Issue by Forbes Byron, Andrea J. Cabral, Stuart Gladding, Alberto R. Gonzalez, Thomas M. Hodgson, Joseph D. Macdonald, Daniel W. Martin, Robert W. Norris, Lori H. Ricks, Wayne T Salisbury, United States Immigration and Customs Enforcement Division of the Department of Homeland Security, Albert J. Wright, Bruce Chadbourne, Michael Chertoff, United States of America.(Grady, Mark) (Entered: 06/22/2007)

June 22, 2007

ELECTRONIC NOTICE of Hearing on Motion 30 MOTION for Order to Show Cause Why Writ of Habeas Corpus Should Not Issue , 33 Joint MOTION for Summary Judgment, 28 MOTION to Dismiss for Lack of Jurisdiction , For Lack of Standing, For Lack of Personal Jurisdiction And For Failure to State a Claim : Motion Hearing set for 7/12/2007 at 01:45 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) (Entered: 06/26/2007)

June 26, 2007

Judge Richard G. Stearns : Electronic ORDER entered granting 38 Motion for Extension of Time to File Response/Reply Responses due by 7/6/2007. (Johnson, Mary) (Entered: 06/26/2007)

June 26, 2007
39

Statement of Material Facts L.R. 56.1 re 33 Joint MOTION for Summary Judgment filed by Forbes Byron, Andrea J. Cabral, Stuart Gladding, Alberto R. Gonzalez, Thomas M. Hodgson, Joseph D. Macdonald, Daniel W. Martin, Robert W. Norris, Lori H. Ricks, Wayne T Salisbury, United States Immigration and Customs Enforcement Division of the Department of Homeland Security, Albert J. Wright, Bruce Chadbourne, Michael Chertoff, United States of America. (Grady, Mark) (Entered: 07/06/2007)

July 6, 2007
40

MEMORANDUM in Opposition re 33 Joint MOTION for Summary Judgment, 30 MOTION for Order to Show Cause Why Writ of Habeas Corpus Should Not Should Not Issue And in Further Suport of the Motion to Dismiss filed by Forbes Byron, Andrea J. Cabral, Stuart Gladding, Alberto R. Gonzalez, Thomas M. Hodgson, Joseph D. Macdonald, Daniel W. Martin, Robert W. Norris, Lori H. Ricks, Wayne T Salisbury, United States Immigration and Customs Enforcement Division of the Department of Homeland Security, Albert J. Wright, Bruce Chadbourne, Michael Chertoff, United States of America. (Grady, Mark) (Entered: 07/06/2007)

July 6, 2007
41

STIPULATION of Dismissal Pursuant to Rule 41(a)(1) of Plaintiff Carlos Andre Calcano and certain Jailer Defendants by PAIR Project, Inc.. (Saif, Justin) (Entered: 07/09/2007)

July 9, 2007
42

NOTICE of Appearance by Anthony Mirenda on behalf of PAIR Project, Inc. (Mirenda, Anthony) (Entered: 07/12/2007)

July 12, 2007

Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns : Motion Hearing held on 7/12/2007 re 31 MOTION for Order to Show Cause Why Writ of Habeas Corpus Should Not Issue, 33 Joint MOTION for Summary Judgment, 28 MOTION to Dismiss. Attys. Doyle, Austin and Mirenda present for plaintiffs; AUSA Grady present for defendants. After argument, the court takes the matters under advisement. (Court Reporter Richard Romanow.) (Tyler, Rebecca) (Entered: 07/12/2007)

July 12, 2007

Judge Richard G. Stearns : Electronic ORDER entered finding as moot 30 Motion for Order to Show Cause in light of Calcano's stipulation of dismissal, filed on July 9, 2007. (Tyler, Rebecca) (Entered: 07/12/2007)

July 12, 2007
44

NOTICE of Voluntary Dismissal by Sassan Parinejad (Doyle, Kerry) (Entered: 08/02/2007)

Aug. 2, 2007
45

MOTION to Intervene of Previously-Unnamed Member of Proposed Class and for an Order to Show Cause Why a Writ of Habeas Corpus Should Not Issue in His Favor by Houng Saysana. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Doyle, Kerry) (Entered: 08/02/2007)

Aug. 2, 2007
46

MOTION for Leave to Appear Pro Hac Vice for admission of Mary Holper by PAIR Project, Inc.. (Attachments: # 1 Affidavit)(Austin, Kristopher) (Entered: 08/06/2007)

Aug. 6, 2007
47

MOTION to Intervene , join a necessary party, and for an order to show cause why a writ of habeas corpus should not issue by Miklos Bilecz. (Attachments: # 1 Attachment A -- Notice to Appear)(Austin, Kristopher) (Entered: 08/06/2007)

Aug. 6, 2007

Filing fee: $ 50.00, receipt number 81760 for 46 MOTION for Leave to Appear Pro Hac Vice for admission of Mary Holper (Diskes, Sheila) (Entered: 08/13/2007)

Aug. 13, 2007

Judge Richard G. Stearns : Electronic ORDER entered granting 46 Motion for Leave to Appear Pro Hac Vice Added Mary P. Holper for Sassan Parinejad (Flaherty, Elaine) (Entered: 08/14/2007)

Aug. 14, 2007
48

NOTICE by Houng Saysana of Withdrawal of Motion to Intervene and For An Order To Show Cause Why A Writ of Habeas Corpus Should Not Issue (Doyle, Kerry) (Entered: 08/16/2007)

Aug. 16, 2007
49

MEMORANDUM in Opposition re 47 MOTION to Intervene , join a necessary party, and for an order to show cause why a writ of habeas corpus should not issue filed by Forbes Byron, Andrea J. Cabral, Stuart Gladding, Alberto R. Gonzalez, Thomas M. Hodgson, Joseph D. Macdonald, Daniel W. Martin, Robert W. Norris, Lori H. Ricks, Wayne T Salisbury, United States Immigration and Customs Enforcement Division of the Department of Homeland Security, Albert J. Wright, Bruce Chadbourne, Michael Chertoff, United States of America. (Grady, Mark) (Entered: 08/20/2007)

Aug. 20, 2007
50

Judge Richard G. Stearns : MEMORANDUM AND ORDER on Notice of Dismissal and Motion to Intervene, ENTERED. "...the matter is dismissed in its entirety...Bilecz's motion to intervene is DENIED...Saysana's motion to intervene TERMINATED as MOOT."(Flaherty, Elaine) (Entered: 08/21/2007)

Aug. 21, 2007

Civil Case Terminated. (Flaherty, Elaine) (Entered: 08/21/2007)

Aug. 21, 2007
51

Judge Richard G. Stearns : ORDER OF DISMISSAL entered. (Johnson, Mary) (Entered: 08/22/2007)

Aug. 22, 2007

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 2, 2007

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All aliens subjected to mandatory detention without bond under 8 U.S.C. § 1226(c) by Boston ICE upon release from non-DHS custody on or after the October 8, 1998 expiration of the Transitional Period Custody Rules.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

U.S. Immigration and Customs Enforcement, Federal

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Habeas Corpus

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - criteria

Detention - procedures