University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Reyes v. Alcantar IM-CA-0049
Docket / Court 4:07-CV-02271 ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
Lawyers Comm. for Civil Rights Under Law
Case Summary
On April 26, 2007, the ACLU of Northern California, the ACLU Immigration Rights Project, and other public interest groups filed a lawsuit in the U.S. District Court for the Northern District of California representing a seven-year-old United States citizen, who was detained for ten hours by U.S. ... read more >
On April 26, 2007, the ACLU of Northern California, the ACLU Immigration Rights Project, and other public interest groups filed a lawsuit in the U.S. District Court for the Northern District of California representing a seven-year-old United States citizen, who was detained for ten hours by U.S. Immigration Customs and Enforcement Agency (ICE) officials. The complaint alleged that the plaintiff was unlawfully detained following an ICE raid of his (alien) father's apartment. Even though the authorities were shown the plaintiff's passport, which identified him as a U.S. citizen, ICE took the plaintiff into custody with his father and transported him to the ICE processing center in San Francisco. His father was not permitted to make non-detention arrangements for his son. Plaintiff sought compensatory and punitive damages.

The ACLU reported that the lawsuit came after scores of reports of alleged abusive practices by immigration officials, including illegal entries and searches by ICE agents, inappropriate tactics related to children, ethnic profiling, and due process violations. Four months the case was filed, ICE had changed its child detention policies to prevent detention of US citizens or lawful permanent residents.

The case successfully reached a court approved settlement. $30,000 was to be paid to the plaintiff, only $1,400 of which was paid to cover attorney's fees. In addition, plaintiff's father was granted deferred action status for two years, to be reviewed biennially, to facilitate to acclimation of his son to American life and his education here in order in order that he might have a solid cultural and academic basis for his return to the United States, should he have to leave with his father if his father is eventually deported.

Dan Dalton - 09/17/2007
Carlos Torres - 06/24/2013


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Issues and Causes of Action
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Issues
Defendant-type
Law-enforcement
General
False arrest
Juveniles
Placement in detention facilities
Immigration
Constitutional rights
Detention - conditions
Detention - criteria
Detention - procedures
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Federal Tort Claims Act (FTCA), 28 U.S.C. ยง 2674
Bivens
Defendant(s) U.S. Immigration Customs Enforcement (ICE)
Plaintiff Description Seven-year-old U.S. Citizen detained with his alien father for ten hours by U.S. Immigration Customs and Enforcement Agency (ICE).
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
Lawyers Comm. for Civil Rights Under Law
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2008 - n/a
Case Closing Year 2008
Case Ongoing No
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)
4:07-cv-02271-SBA (N.D. Cal.) 09/16/2008
IM-CA-0049-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
4:07−cv−02271 (N.D. Cal.) 09/16/2008
IM-CA-0049-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
ACLU Press Release: Civil Rights Groups Sue Immigration Officials For Unlawfully Detaining Six-Year-Old U.S. Citizen 04/26/2007
IM-CA-0049-0002 PDF | Detail
Complaint for Violations of the Fourth and Fifth Amendments to the United States Constitution 04/27/2007
IM-CA-0049-0001 PDF | Detail
Answer 07/06/2007
IM-CA-0049-0003 PDF | Detail
Document Source: Westlaw
First Amended Complaint for Violations of the Fourth and Fifth Amendments to the United States Constitution and for False Imprisonment, Intentional Infliction of Emotional Distress, and Negligence 11/09/2007
IM-CA-0049-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
STIPULATION AND ORDER FOR FILING AMENDED COMPLAINT 11/16/2007 (N.D. Cal.)
IM-CA-0049-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Civil Minutes 03/07/2008
IM-CA-0049-0010 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Motion Seeking Approval of Settlement, and Memorandum of Points and Authorities in Support Thereof 06/20/2008
IM-CA-0049-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Establishing Blocked Custodial Account and Conditions of Withdrawal Therefrom 06/25/2008 (N.D. Cal.)
IM-CA-0049-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Approving Settlement 06/25/2008 (N.D. Cal.)
IM-CA-0049-0009 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Armstrong, Saundra Brown (N.D. Cal.)
IM-CA-0049-9000 | IM-CA-0049-9001
Laporte, Elizabeth D. (N.D. Cal.) [Magistrate]
IM-CA-0049-0008 | IM-CA-0049-0009 | IM-CA-0049-0010 | IM-CA-0049-9001
Monitors/Masters None on record
Plaintiff's Lawyers Cohen, Rachel Georgia (California)
IM-CA-0049-0001 | IM-CA-0049-9000 | IM-CA-0049-9001
Dulany, Katherine Zarate (California)
IM-CA-0049-0004 | IM-CA-0049-9000 | IM-CA-0049-9001
Hwang, Philip Kim (California)
IM-CA-0049-0001 | IM-CA-0049-9000 | IM-CA-0049-9001
Mass, Julia Harumi (California)
IM-CA-0049-0001 | IM-CA-0049-9000 | IM-CA-0049-9001
Rubin, Robert J. (California)
IM-CA-0049-0001 | IM-CA-0049-9000 | IM-CA-0049-9001
Schlosser, Alan Lawrence (California)
IM-CA-0049-0001 | IM-CA-0049-9000 | IM-CA-0049-9001
Slavitt, Howard Alan (California)
IM-CA-0049-0001 | IM-CA-0049-0005 | IM-CA-0049-0007 | IM-CA-0049-9000 | IM-CA-0049-9001
Defendant's Lawyers Olsen, Edward A (California)
IM-CA-0049-0003 | IM-CA-0049-0004 | IM-CA-0049-0007 | IM-CA-0049-9000 | IM-CA-0049-9001
Other Lawyers None on record

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