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Case Name Gayle v. Napolitano IM-NJ-0009
Docket / Court 3:12-cv-02806 ( D.N.J. )
State/Territory New Jersey
Case Type(s) Immigration
Attorney Organization ACLU National (all projects)
Case Summary
On May 10, 2012, a group of non-citizens detained in New Jersey immigrant detention facilities filed suit in the U.S. District Court for the District of New Jersey against the U.S. Department of Homeland Security and it component, U.S. Immigration and Customs Enforcement. Represented by the ACLU ... read more >
On May 10, 2012, a group of non-citizens detained in New Jersey immigrant detention facilities filed suit in the U.S. District Court for the District of New Jersey against the U.S. Department of Homeland Security and it component, U.S. Immigration and Customs Enforcement. Represented by the ACLU Immigrant's Rights Project, Plaintiffs petitioned for a writ of habeas corpus, claiming that their continued detention despite strong claims against deportability was a violation of their Fifth Amendment right to due process, and a misapplication of the Immigration and Nationality Act (INA). Plaintiffs sought declaratory relief and injunctive relief, ordering Defendants to demonstrate a prima facie case of deportability or inadmissibility as justification for mandatory detention.

Specifically, Plaintiff Gayle claimed that his detention was a violation of the INA because he was arrested and detained by ICE five years after being released from state custody. Plaintiff Gayle claimed that this conflicted with the language of the INA, which required detention of an alien "when the alien is released" from state custody due to a criminal offense.

On November 15, 2012, Plaintiffs filed a motion to certify their class. The class was described as "All individuals in New Jersey who are and will be detained pursuant to the Immigration and Nationality Act (8 U.S.C. 1226(c))." The motion for class certification was not acted upon.

On March 15, 2013, the District Court (Judge Freda L. Wolfson) issued an order granting Plaintiff Gayle a writ of habeas corpus. 2013 WL 1090993. Judge Wolfson ruled that Defendants must hold a bond hearing to determine Plaintiff Gayle's flight risk and danger to the community within ten days of the order. This terminated the case.

Dan Osher - 03/24/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Defendant-type
Corrections
General
Habeas Corpus
Immigration
Constitutional rights
Detention - criteria
Detention - procedures
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Department of Homeland Security
Plaintiff Description Noncitizens in New Jersey currently in mandatory detention despite having strong claims against deportability and posing no demonstrable flight risk.
Indexed Lawyer Organizations ACLU National (all projects)
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Habeas relief
Source of Relief Litigation
Form of Settlement None on record
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)
3:12-cv-2806 (D.N.J.) 03/15/2013
IM-NJ-0009-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Complaint for Writ of Habeas Corpus and Class Action Complaint for Declaratory and Injunctive Relief 11/15/2012
IM-NJ-0009-0003.pdf | Detail
Document Source:
Brief in Support of Motion for Class Action Certification 11/15/2012
IM-NJ-0009-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 03/15/2013 (2013 WL 1090993) (D.N.J.)
IM-NJ-0009-0005.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Wolfson, Freda L. (D.N.J.) [Magistrate]
IM-NJ-0009-0005 | IM-NJ-0009-9000
Monitors/Masters None on record
Plaintiff's Lawyers Arulanantham, Ahilan T (California)
IM-NJ-0009-0003 | IM-NJ-0009-0004
Barocas, Edward (New Jersey)
IM-NJ-0009-0003 | IM-NJ-0009-0004
Ladin, Dror (New York)
IM-NJ-0009-0003 | IM-NJ-0009-0004
LoCicero, Jeanne (New Jersey)
IM-NJ-0009-0003 | IM-NJ-0009-0004
Lustberg, Lawrence S. (New Jersey)
IM-NJ-0009-0003 | IM-NJ-0009-0004 | IM-NJ-0009-9000
Manes, Jonathan Matthew (New Jersey)
IM-NJ-0009-0003 | IM-NJ-0009-0004 | IM-NJ-0009-9000
Rabinovitz, Judy (New York)
IM-NJ-0009-0003 | IM-NJ-0009-0004
Shalom, Alexander (New Jersey)
IM-NJ-0009-0003 | IM-NJ-0009-0004
Tan, Michael (New York)
IM-NJ-0009-0003 | IM-NJ-0009-0004
Defendant's Lawyers Bowen, Jennifer A. (District of Columbia)
IM-NJ-0009-9000
O'Malley, Peter G. (New Jersey)
IM-NJ-0009-9000
Other Lawyers None on record

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