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Case Name El Badrawi v. Department of Homeland Security IM-CT-0007
Docket / Court 3:07-cv-01074-JCH ( D. Conn. )
State/Territory Connecticut
Case Type(s) Immigration
Case Summary
On July 13, 2007, Plaintiff filed a civil rights action under 42 U.S.C. § 1983 in the U.S. District Court for the District of Connecticut, New Haven Division. Plaintiff is a foreign national who had lawfully studied and worked in the United States for nearly eleven years. On the morning of October ... read more >
On July 13, 2007, Plaintiff filed a civil rights action under 42 U.S.C. § 1983 in the U.S. District Court for the District of Connecticut, New Haven Division. Plaintiff is a foreign national who had lawfully studied and worked in the United States for nearly eleven years. On the morning of October 29, 2004, when he left his apartment to work, Plaintiff was arrested on the charge that he had overstayed his period of authorized stay as a nonimmigrant visa holder by federal agents. Plaintiff was then held without bail at the Hartford Correctional Center (HCC), a state run prison facility, in the custody of U.S. Immigration and Customs Enforcement ("ICE"), a unit of the Department of Homeland Security ("DHS"). Represented by public interest attorneys from Yale Law School and Asian American Legal Defense and Education Fund, Plaintiff brought this action against various departments and officials of the federal and state governments, challenging the legality his arrest, his detention, and the conditions under which he was detained.

Defendants filed a motion to dismiss or for summary judgment. On September 22, 2008, in a published opinion, the Court (Judge Janet C. Hall) dismissed a number of Plaintiff's claims. However, the court denied Defendant's motion for summary judgment and held that Plaintiff had stated claims against the United States under the Federal Tort Claims Act ("FTCA") for false arrest and for abuse of process with respect to his detention following the agreement to voluntarily departure. The Court also held that Plaintiff had stated claims, pursuant to 42 U.S.C. section 1983, against HCC's Warden for violations of the Free Exercise Clause and the Eighth Amendment. The Court also granted Plaintiff permission to amend the Complaint in order to plead claims against a Chaplain at HCC; and HCC's Director of Food Services, pursuant to the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. §§ 2000cc et seq.

Plaintiff's Second Amended Complaint, filed on November 07, 2008, became the surviving complaint of this action.

After a long and contentious battle in discovery, Defendants again filed motions for summary in late August and early September of 2010. Plaintiff filed its opposition and cross-motion for summary judgment in November. The American Immigration Council and the American Immigration Lawyers Association filed an amici brief to support the Plaintiff.

On April 12, 2011, in a published opinion, the Court (Judge Hall) denied Defendants' motion for summary judgment and granted in part and denied in part Plaintiff's cross motion for summary judgment. The Court ruled that an H-1B worker who had timely sought an extension of that visa status, and who was authorized to continue working under 8 CFR § 274a.12(b)(20), could not be arrested or subjected to removal. The Court's opinion revolves around the meaning of 8 CFR § 274a.12(b)(20), which the Court summarized as follows: "A nonimmigrant alien [who was admitted under one of various forms of work-based visas, including an H-1B visa] whose status has expired but who has filed a timely application for an extension of such stay....[is] authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay."

Later, the parties settled this action in full. On August 15, 2011, the action was dismissed with prejudice.

Xin Chen - 10/13/2011


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Issues and Causes of Action
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Issues
Immigration
Detention - conditions
Detention - criteria
Detention - procedures
Plaintiff Type
Private Plaintiff
Causes of Action State law
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674
42 U.S.C. § 1983
Defendant(s) Chaplain
DEPARTMENT OF HOMELAND SECURITY
Director of Food Services
Director of the Federal Bureau of Investigation
FEDERAL BUREAU OF INVESTIGATION
Resident Agent in Charge
Secretary of the Department of Homeland Security
Senior Special Agent
UNITED STATES OF AMERICA
Warden
Plaintiff Description Plaintiff is a foreign national who claims that agents of the U.S. Immigration and Customs Enforcement (“ICE”) arrested him in October 2004, even though he was in a lawful immigration status.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2011
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)
3:07-cv-01074-JCH (D. Conn.) 08/15/2011
IM-CT-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum of Law in Support of Motion to Dismiss or for Summary Judgment by the United States 11/19/2007
IM-CT-0007-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Memorandum in Opposition to Motion to Dismiss or for Summary Judgment by Defendants 12/29/2007
IM-CT-0007-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Ruling Re: Defendants' Motions to Dismiss or for Summary Judgment, etc. 09/22/2008 (579 F.Supp.2d 249) (D. Conn.)
IM-CT-0007-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 11/07/2008
IM-CT-0007-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Ruling Re: Plaintiff's Motion to Compel 07/24/2009 (258 F.R.D. 198) (D. Conn.)
IM-CT-0007-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Ruling Re: Motion for Reconsideration 09/04/2009 (2009 WL 2913246) (D. Conn.)
IM-CT-0007-0004.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Motion for Summary Judgment by the United States 08/30/2010
IM-CT-0007-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
State Defendants' Memorandum in Support of Summary Judgment 09/10/2010
IM-CT-0007-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Memorandum in Opposition to Department of Corrections’ Motion for Summary Judgment 11/05/2010
IM-CT-0007-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Brief Amici Curiae of the American Immigration Council and the American Immigration Lawyers Association in Opposition to the Motion of Defendant United States for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment 11/05/2010
IM-CT-0007-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Ruling on Motions for Summary Judgment 04/12/2011 (787 F.Supp.2d 204) (D. Conn.)
IM-CT-0007-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Hall, Janet C. (D. Conn.)
IM-CT-0007-0002 | IM-CT-0007-0003 | IM-CT-0007-0004 | IM-CT-0007-0005 | IM-CT-0007-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ahmed, Sameer (New York)
IM-CT-0007-0001 | IM-CT-0007-9000
Kassem, Ramzi (Connecticut)
IM-CT-0007-0001 | IM-CT-0007-0007 | IM-CT-0007-9000
Kimerling, Kenneth (New York)
IM-CT-0007-9000
Metcalf, Hope R. (Connecticut)
IM-CT-0007-0001 | IM-CT-0007-0007 | IM-CT-0007-0010 | IM-CT-0007-9000
Wishnie, Michael J. (Connecticut)
IM-CT-0007-0001 | IM-CT-0007-0007 | IM-CT-0007-9000
Defendant's Lawyers Levine, Brant S. (District of Columbia)
IM-CT-0007-0006 | IM-CT-0007-0008 | IM-CT-0007-9000
Martin, Edward J. (District of Columbia)
IM-CT-0007-9000
Osborne, Maura Murphy (Connecticut)
IM-CT-0007-0009
Perkins, Lisa E. (Connecticut)
IM-CT-0007-9000
Shin, Victoria S. (Connecticut)
IM-CT-0007-9000
Smith, Laura K. (District of Columbia)
IM-CT-0007-0006 | IM-CT-0007-9000
Other Lawyers Boyle, Michael J. (Connecticut)
IM-CT-0007-0011 | IM-CT-0007-9000
Crow, Melissa E. (District of Columbia)
IM-CT-0007-0011 | IM-CT-0007-9000

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