University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Teneng v. Trump IM-CA-0129
Docket / Court 5:18-cv-01609 ( C.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Prison Conditions
Special Collection Trump Immigration Enforcement Order Challenges
Attorney Organization ACLU National Prison Project
Civil Rights Education and Enforcement Center
Prison Law Office
Case Summary
On August 1, 2018, six non-citizens detained at the Federal Correctional Institution Medium II, also called Victorville, filed this putative class-action lawsuit in the U.S. District Court for the Central District of California. The plaintiffs, represented by the ACLU and the Civil Rights Education ... read more >
On August 1, 2018, six non-citizens detained at the Federal Correctional Institution Medium II, also called Victorville, filed this putative class-action lawsuit in the U.S. District Court for the Central District of California. The plaintiffs, represented by the ACLU and the Civil Rights Education Enforcement Center, among others, sued the President, the Attorney General, and the directors of the Departments of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), the Federal Bureau of Prisons (FBP), the Los Angeles ICE Field Office, and the Warden of Victorville Prison under the Religious Freedom Restoration Act, 42 U.S.C. ยง 2000bb. The case was assigned to Judge Jesus G. Bernal.

ICE moved a large group of detainees to Victorville on June 8, 2018, and many of the plaintiffs had been detained there from that date. The plaintiffs alleged they were denied adequate food and recreation time, accommodations to practice their religions, and access to healthcare. The plaintiffs sought injunctive relief, claiming violations of their Fifth Amendment right to due process, First Amendment right to free exercise, and RFRA protections from policies that substantially burdened their religious practice. They asked the court to order the defendants to move all ICE immigration detainees from Victorville as quickly as possible. In the meantime, the plaintiffs also asked that they be provided with adequate health care, nutrition, out-of-cell time, programming, reading materials, and accommodations for religious practice, including compliant diet, clothing and jewelry, religious texts, and opportunities for prayer and group worship.

In September 2018, the plaintiffs filed a motion for class certification, a preliminary injunction, and expedited discovery. The defendants requested extra time to respond, which the court granted. The parties then jointly requested additional time, saying they were actively working toward an agreement.

On October 26, 2018, the defendants filed a notice of settlement with the court, indicating that the parties had reached a resolution.

However, on November 28, the plaintiffs filed a motion to reopen the case. They stated that the parties had been unable to consummate a settlement. A court employee noted that the plaintiffs erroneously marked their filing as a status report but did not direct them to amend it. As of May 2020, there has been no further action in the case, and it is unclear whether the litigation remains active.

Rachel Carpman - 10/05/2018
Sam Kulhanek - 05/15/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Free Exercise Clause
Defendant-type
Corrections
Discrimination-basis
Immigration status
Religion discrimination
General
Conditions of confinement
Food service / nutrition / hydration
Language access/needs
Over/Unlawful Detention
Placement in detention facilities
Recreation / Exercise
Religious programs / policies
Sanitation / living conditions
Totality of conditions
Immigration/Border
Asylum - procedure
Constitutional rights
Detention - criteria
Detention - procedures
Refugees
Undocumented immigrants - rights and duties
Language
Other
Medical/Mental Health
Medical care, general
Medical care, unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Ex parte Young (federal or state officials)
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Defendant(s) Department of Homeland Security
Department of Justice
Federal Bureau of Prisons
Immigration and Customs Enforcement
President of the United States
Plaintiff Description Asylum seekers detained at Victorville Federal Prison in California.
Indexed Lawyer Organizations ACLU National Prison Project
Civil Rights Education and Enforcement Center
Prison Law Office
Class action status sought Yes
Class action status outcome Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 08/01/2018
Case Ongoing Perhaps, but long-dormant
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)
dhs.gov
Date: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)
dhs.gov
Date: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Executive Order 13767: Border Security and Immigration Enforcement Improvements
Federal Register
Date: Jan. 27, 2017
By: President Donald Trump (Office of the President)
Citation: 82 Fed. Reg. Presidential Documents 8793 (Jan. 27, 2017)
[ Detail ] [ PDF ]

  Executive Order 13768: Enhancing Public Safety in the Interior of the United States
Federal Register
Date: Jan. 25, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

Court Docket(s)
C.D. Cal.
11/29/2018
5:18-cv-1609
IM-CA-0129-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
C.D. Cal.
08/01/2018
Complaint [ECF# 1]
IM-CA-0129-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Bernal, Jesus Gilberto (C.D. Cal.) show/hide docs
IM-CA-0129-9000
Kato, Kenly Kiya Court not on record [Magistrate] show/hide docs
IM-CA-0129-9000
Plaintiff's Lawyers Arulanantham, Rekha (District of Columbia) show/hide docs
IM-CA-0129-9000
Barker, Lori J. (California) show/hide docs
IM-CA-0129-9000
Fathi, David Cyrus (District of Columbia) show/hide docs
IM-CA-0129-9000
Fox, Timothy Patrick (Colorado) show/hide docs
IM-CA-0129-9000
Harris, Nancy E. (California) show/hide docs
IM-CA-0129-9000
Jordan, Elizabeth B. (Colorado) show/hide docs
IM-CA-0129-9000
Kaufman, Michael Bryan (California) show/hide docs
IM-CA-0129-9000
Kendrick, Corene Thaedra (California) show/hide docs
IM-CA-0129-9000
Lopez, Victoria A. (District of Columbia) show/hide docs
IM-CA-0129-9000
Mach, Daniel (District of Columbia) show/hide docs
IM-CA-0129-9000
Mendelson, Margot Knight (California) show/hide docs
IM-CA-0129-0001 | IM-CA-0129-9000
Moscowitz, Ellyn (California) show/hide docs
IM-CA-0129-9000
Rosenberg, Jason Sherriff (California) show/hide docs
IM-CA-0129-9000
Smiddy, Anne Elizabeth (California) show/hide docs
IM-CA-0129-9000
Specter, Donald H. (California) show/hide docs
IM-CA-0129-9000
Weaver, Heather Lynn (District of Columbia) show/hide docs
IM-CA-0129-9000
Defendant's Lawyers Osinoff, Joanne S (California) show/hide docs
IM-CA-0129-9000
Pinchas, David E (California) show/hide docs
IM-CA-0129-9000

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