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Case Name Aguilar v. ICE IM-NY-0037
Docket / Court 1:07-cv-08224-JGK ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Case Summary
On September 20, 2007 several Latino families and individuals, represented by the Puerto Rican Legal Defense and Education Fund and private counsel, filed a class action suit against the U.S. Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security in U.S. District ... read more >
On September 20, 2007 several Latino families and individuals, represented by the Puerto Rican Legal Defense and Education Fund and private counsel, filed a class action suit against the U.S. Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security in U.S. District Court for the Southern District of New York, challenging raids conducted as part of a program called "Operation Return to Sender." Plaintiffs alleged that federal agents unlawfully raided the homes of Latinos in the New York City area without warrants and often under cover of darkness, in search of fugitive aliens. Plaintiffs claimed that they were detained, interrogated and subjected to physical abuse, in violation of the Fourth Amendment. The complaint sought damages and an injunction restraining ICE's New York Regional Office from executing unconstitutional raids.

On December 7, 2007, Defendants moved to dismiss Plaintiffs' Fourth Amendment claim. On July 30, 2008, the District Court (Judge John G. Koeltl) dismissed this motion as moot, because Plaintiffs had amended their complaint. On December 21, 2009, Plaintiffs' filed their fourth amended complaint, adding claims of Fifth Amendment violation (violation of Equal Protection due to the targeting of Latino communities); false imprisonment; reckless, negligent, and intentional infliction of emotional distress; trespass; assault and battery; and excessive force. They sought equitable relief, damages under the Federal Tort Claims Act, and damages under Bivens. After the U.S. Supreme Court's decision in Iqbal v. Ashcroft, Defendants moved to dismiss the Bivens claim against the high-ranking official defendants on March 29, 2010. They moved to dismiss the claim for injunctive relief on May 19, 2010, arguing that the plaintiffs lacked standing to seek such relief because they were unlikely to again be subjected to the allegedly unconstitutional behavior.

On December 22, 2010, Plaintiffs filed a petition to certify their class. However, in the wake of the U.S. Supreme Court's decision in Dukes v. Walmart, the District Court withdrew Plaintiffs' petition for class certification and granted leave to amend. On November 22, 2011, Plaintiffs refiled their petition to certify their class. On April 16, 2012, the District Court (Judge Katherine B. Forrest) denied Plaintiffs' motion for class certification. 2012 WL 1344417. Plaintiffs moved for leave to appeal the District Court's decision, but this motion was denied on July 16, 2012 by the Court of Appeals for the Second Circuit.

On August 1, 2011, the District Court (Judge Koeltl) dismissed Plaintiffs' Fourth and Fifth Amendment claims against all supervisory Defendants except for Defendants Torres and Forman. 811 F.Supp.2d 803.

On October 28, 2011, Plaintiffs filed a motion for partial summary judgment as to their Bivens claim. Defendants responded with a cross-motion for partial summary judgment. On April 30, 2012, the District Court (Judge Forrest) denied both parties' motions. 2012 WL 1538431.

On September 14, 2012, Defendants moved to dismiss the case for lack of jurisdiction. However, on September 27, the District Court (Judge Forrest) adjourned all pending motions, presumably due to ongoing settlement negotiations. On November 15, the court set a deadline of December 12 for the parties to submit a settlement or restore the action. This deadline was extended, after which the parties submitted a settlement agreement and voluntary dismissal on December 27. Judge Forrest signed the agreement on April 4, 2013. The settlement agreement stipulated to a payment of one million dollars from ICE to Plaintiffs ($36,000 to each Plaintiff, remainder to attorneys), termination of Plaintiffs' immigration proceedings, implementation of a policy of training ICE officers on how to obtain proper consent for home (and curtilage) entrance, and a discontinuance of "protective sweeps" unless there is a reasonable, articulable suspicion of danger. This agreement terminated the suit.

- 04/06/2013


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Issues and Causes of Action
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Issues
Defendant-type
Law-enforcement
General
Search policies
Immigration
Constitutional rights
Deportation - procedure
Detention - conditions
Detention - criteria
Detention - procedures
ICE/DHS/INS raid
Plaintiff Type
Private Plaintiff
Causes of Action Bivens
Defendant(s) U. S. Immigration and Customs Enforcement
Plaintiff Description Persons who (1) are Latino, live with Latinos or are otherwise sought by ICE pursuant to Operation Return to Sender and (2) reside in the jurisdiction of ICE's New York City regional office, have been subjected to and/or are at risk of home raids by ICE
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Mixed
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 not on record
Case Closing Year 2013
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)
1:07-cv-08224-JGK (S.D.N.Y.) 04/04/2013
IM-NY-0037-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 09/20/2007
IM-NY-0037-0001 PDF | Detail
Latinos Challenge Constitutionality of Home Raids Conducted by ICE 09/20/2007
IM-NY-0037-0002 PDF | Detail
Fourth Amended Class Action Complaint 12/21/2009
IM-NY-0037-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Motion to Dismiss the Complaint Against Defendants Michael Chertoff, Julie Myers, John Torres, and Marcy Forman 03/29/2010
IM-NY-0037-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum of Law in Opposition to Defendants' Chertoff, Myers, Torres, and Forman's Motion to Dismiss 05/19/2010
IM-NY-0037-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss Plaintiffs' Claim for Injunctive Relief 07/30/2010
IM-NY-0037-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Discovery Order 01/11/2011 (S.D.N.Y.)
IM-NY-0037-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order 07/29/2011 (811 F.Supp.2d 803) (S.D.N.Y.)
IM-NY-0037-0008 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum of Law in Support of their Motion for Class Certification 10/14/2011
IM-NY-0037-0009 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification 11/23/2011
IM-NY-0037-0014 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum of Law in Support of Motion for Partial Summary Judgment 01/23/2012
IM-NY-0037-0010 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defenants' Memorandum of Law in Opposition to Plaintiffs' Motion for Partial Summary Judgment 03/20/2012
IM-NY-0037-0011 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Five Bivens Defendants' Motion for Summary Judgment 03/20/2012
IM-NY-0037-0013 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order 04/16/2012 (2012 WL 1344417) (S.D.N.Y.)
IM-NY-0037-0015 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 04/30/2012 (2012 WL 1538431) (S.D.N.Y.)
IM-NY-0037-0012 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order of Dismissal and Settlement 04/04/2013 (S.D.N.Y.)
IM-NY-0037-0016 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Forrest, Katherine Bolan (S.D.N.Y.)
IM-NY-0037-0012 | IM-NY-0037-0015 | IM-NY-0037-0016 | IM-NY-0037-9000
Koeltl, John George (S.D.N.Y.)
IM-NY-0037-0008
Maas, Frank S. (S.D.N.Y.) [Magistrate]
IM-NY-0037-0007
Monitors/Masters Davis, Richard J. (New York)
IM-NY-0037-9000
Plaintiff's Lawyers Badini, Aldo A. (New York)
IM-NY-0037-0003 | IM-NY-0037-0005 | IM-NY-0037-0006 | IM-NY-0037-0009 | IM-NY-0037-0010 | IM-NY-0037-0016 | IM-NY-0037-9000
Cairns, Richard J (New York)
IM-NY-0037-0001 | IM-NY-0037-9000
Chin, Jackson (New York)
IM-NY-0037-0001 | IM-NY-0037-9000
Coleman, Ilona Beth (New York)
IM-NY-0037-9000
Ellis, Krista Marie (New York)
IM-NY-0037-9000
Gennardo, Patrick Joseph (New York)
IM-NY-0037-0001 | IM-NY-0037-0002 | IM-NY-0037-9000
Gordon, Donna L (New York)
IM-NY-0037-0001 | IM-NY-0037-0003 | IM-NY-0037-0005 | IM-NY-0037-0006 | IM-NY-0037-0009 | IM-NY-0037-9000
Hand, Aaron Richard (California)
IM-NY-0037-9000
Hirsh, Lawrence Steven (New York)
IM-NY-0037-0010 | IM-NY-0037-9000
Hughes, Diana Lee (California)
IM-NY-0037-9000
Iturralde, Christina (New York)
IM-NY-0037-0003 | IM-NY-0037-0005 | IM-NY-0037-0006 | IM-NY-0037-0009 | IM-NY-0037-9000
Joynes, Elizabeth (New York)
IM-NY-0037-0016 | IM-NY-0037-9000
Librera, Kelly Anne (New York)
IM-NY-0037-0003 | IM-NY-0037-0006 | IM-NY-0037-0009 | IM-NY-0037-0010 | IM-NY-0037-0016 | IM-NY-0037-9000
Maer, Foster (New York)
IM-NY-0037-0001 | IM-NY-0037-0003 | IM-NY-0037-0005 | IM-NY-0037-0006 | IM-NY-0037-0009 | IM-NY-0037-0010 | IM-NY-0037-0016 | IM-NY-0037-9000
Mastoris, George Eric (New York)
IM-NY-0037-0016 | IM-NY-0037-9000
Opheim, Jennifer Marie (New York)
IM-NY-0037-9000
Perales, Cesar A. (New York)
IM-NY-0037-0002
Reilly, Rebecca Marie (New York)
IM-NY-0037-9000
Schwarz, Ghita (New York)
IM-NY-0037-0001 | IM-NY-0037-0003 | IM-NY-0037-0005 | IM-NY-0037-0006 | IM-NY-0037-0009 | IM-NY-0037-0010 | IM-NY-0037-0016 | IM-NY-0037-9000
Sen, Urvashi (New York)
IM-NY-0037-9000
Stewart, Colin Gregory (New York)
IM-NY-0037-0001 | IM-NY-0037-9000
Tsai, Kelly H (New York)
IM-NY-0037-0001 | IM-NY-0037-0003 | IM-NY-0037-9000
Whitener, Jennifer O. (New York)
IM-NY-0037-0003 | IM-NY-0037-0005 | IM-NY-0037-0010
Defendant's Lawyers Bharara, Preetinder S. (New York)
IM-NY-0037-0004 | IM-NY-0037-0011 | IM-NY-0037-0013 | IM-NY-0037-0014 | IM-NY-0037-0016
Bober, David (New York)
IM-NY-0037-0004 | IM-NY-0037-0011 | IM-NY-0037-0013 | IM-NY-0037-0014 | IM-NY-0037-0016 | IM-NY-0037-9000
Cargo, Shane Patrick (New York)
IM-NY-0037-0004 | IM-NY-0037-0011 | IM-NY-0037-0013 | IM-NY-0037-0014 | IM-NY-0037-0016 | IM-NY-0037-9000
Cowart, Brandon Herbert (New York)
IM-NY-0037-0004 | IM-NY-0037-0011 | IM-NY-0037-0013 | IM-NY-0037-0014 | IM-NY-0037-0016 | IM-NY-0037-9000
Eshkenazi, Lara K. (New York)
IM-NY-0037-9000
Pellegrino, Louis Anthony (New York)
IM-NY-0037-0011 | IM-NY-0037-0013 | IM-NY-0037-0014 | IM-NY-0037-0016 | IM-NY-0037-9000
Penn, Allison D (New York)
IM-NY-0037-0004
Vassallo, Kristin Lynn (New York)
IM-NY-0037-0004 | IM-NY-0037-9000
Wolstein, Elizabeth (New York)
IM-NY-0037-9000
Other Lawyers None on record

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