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Case Name Yarrito v. Meyers IM-CO-0008
Docket / Court 1:06-cv-02494-JLK ( D. Colo. )
State/Territory Colorado
Case Type(s) Immigration
Case Summary
This lawsuit is one of several cases arising from immigration raids conducted by federal authorities at Swift meat packing plants throughout the country on December 12, 2006. [See Valenzuela v. Swift Beef Company, Inc., IM-TX-19; Swift & Company v. ICE, IM-TX-20; and United Food and Commercial ... read more >
This lawsuit is one of several cases arising from immigration raids conducted by federal authorities at Swift meat packing plants throughout the country on December 12, 2006. [See Valenzuela v. Swift Beef Company, Inc., IM-TX-19; Swift & Company v. ICE, IM-TX-20; and United Food and Commercial Workers Int'l Union v. Chertoff, IM-TX-23]. During the operation, federal immigration authorities raided six Swift plants and swept up about twelve thousand meatpacking workers, thousands of which were members of the United Food and Commercial Workers International Union (UFCW).

In this case, which was filed as a petition for a writ of habeas corpus on December 13, 2006 in U.S. District Court District of Colorado, the UFCW sought the release of Swift employees and union members detained during the raid at the Swift plant in Greeley, Colorado. Plaintiffs alleged that they were being subjected to arbitrary prolonged and indefinite detention, in violation of the Due Process Clause of the Fifth and Fourteenth Amendments to the U.S. Constitution. Plaintiffs further alleged that they were denied access to counsel.

The District Judge (Senior Judge John L. Kane) immediately issued an order to show cause why a writ of habeas corpus should not be granted. The government responded by denying petitioners' allegations and asserting that the court lacked jurisdiction over the matter and that the UFCW lacked standing to bring the action.

On December 28, 2006 Judge Kane amended the show cause order to permit the release of petitioners on bond or on their own recognizance. The government was also allowed to remove alien petitioners from the U.S. who requested voluntary removal. Petitioners were subsequently granted leave to add 252 additional individual detainees as named parties.

On January 12, 2007, the District Court (Judge Kane) heard arguments of the parties and then issued an order requiring the government to provide a bond hearing within 48 hours for any detainee not previously afforded one. The government was also ordered to allow any detainee to withdraw their agreement to voluntary removal, if the detainee claimed it was fraudulently or wrongfully obtained. Petitioners' attorneys were directed to meet with their clients and the parties were to report back to the Court with a status report.

Following a status report on January 22, 2007, Judge Kane concluded that the government had complied with the Court's order and corrected the constitutional violations. Final judgment was entered in favor of petitioners against the government on January 25, 2007 and the case was closed.

Dan Dalton - 10/23/2007


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Issues and Causes of Action
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Issues
General
Conditions of confinement
Habeas Corpus
Immigration
Constitutional rights
Deportation - procedure
Detention - conditions
Detention - procedures
Employment
ICE/DHS/INS raid
Plaintiff Type
Private Plaintiff
Causes of Action Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Department of Homeland Security
ICE's El Paso, Texas facility
ICE's facility in Aurora, Colorado
United States Immigration & Customs Enforcement (ICE)
Plaintiff Description UFCW members and Swift employees who were detained during an ICE raid at the Swift plant in Greeley, Colorado on December 12, 2006.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2007 - n/a
Case Closing Year 2007
Case Ongoing No
Case Listing IM-TX-0023 : United Food and Commercial Workers International Union v. Chertoff (N.D. Tex.)
IM-TX-0019 : Valenzuela v. Swift Beef Company, Inc. (N.D. Tex.)
IM-TX-0020 : Swift & Company v. Immigration and Customs Enforcement (N.D. Tex.)
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
1:06-cv-02494-JLK (D. Colo.) 03/30/2007
IM-CO-0008-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Petition for Writ of Habeas Corpus 12/13/2006
IM-CO-0008-0001.pdf | Detail
Order to Show Cause 12/13/2006 (D. Colo.)
IM-CO-0008-0002.pdf | Detail
Respondent’s Memorandum of Law in Response to the Order to Show Cause 12/18/2006
IM-CO-0008-0003.pdf | Detail
[Amended Order] to Show Cause 12/28/2006 (D. Colo.)
IM-CO-0008-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Minute Order [Granting Oral Argument] 01/05/2007 (D. Colo.)
IM-CO-0008-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Minute Order [Setting Next Hearing Date and Deadline for Status Report] 01/12/2007 (D. Colo.)
IM-CO-0008-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Courtroom Minutes [Order for Bond Hearings] 01/12/2007 (D. Colo.)
IM-CO-0008-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Final Judgment 01/25/2007 (D. Colo.)
IM-CO-0008-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Kane, John L. Jr. (D. Colo.)
IM-CO-0008-0002 | IM-CO-0008-0004 | IM-CO-0008-0005 | IM-CO-0008-0006 | IM-CO-0008-0007 | IM-CO-0008-0008 | IM-CO-0008-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bowen, John Patrick (Colorado)
IM-CO-0008-0001 | IM-CO-0008-0002 | IM-CO-0008-0007 | IM-CO-0008-9000
Salvator, Jim (Colorado)
IM-CO-0008-0007 | IM-CO-0008-9000
Starnes, DeAngelo (Colorado)
IM-CO-0008-0007 | IM-CO-0008-9000
Defendant's Lawyers Eid, Troy A. (District of Columbia)
IM-CO-0008-0003
Keisler, Peter D. (District of Columbia)
IM-CO-0008-0003
Kline, David J. (District of Columbia)
IM-CO-0008-0003
Pestal, Mark S. (Colorado)
IM-CO-0008-0003 | IM-CO-0008-0007 | IM-CO-0008-9000
Stevens, Elizabeth Jones (District of Columbia)
IM-CO-0008-0003 | IM-CO-0008-0007 | IM-CO-0008-9000
Wiggers, Edward (District of Columbia)
IM-CO-0008-0007 | IM-CO-0008-9000
Other Lawyers None on record

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