University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Urbina v. Rustin IM-PA-0011
Docket / Court 2:08-cv-00979 ( W.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Immigration
Case Summary
On July 11, 2008, two detainees filed a habeas petition and class action suit in the Western District of Pennsylvania against the Warden of Allegheny County Jail challenging their continued detention pursuant to immigration detainers and alleging violations of the Fourteenth Amendment. Despite the ... read more >
On July 11, 2008, two detainees filed a habeas petition and class action suit in the Western District of Pennsylvania against the Warden of Allegheny County Jail challenging their continued detention pursuant to immigration detainers and alleging violations of the Fourteenth Amendment. Despite the fact that the criminal charges against plaintiffs had been dropped, they were continuously detained due to detainers placed on them by federal Immigration and Customs Enforcement ("ICE") agents. Plaintiffs, represented by attorneys for the Community Justice Project, sought habeas relief.

Plaintiffs filed a motion for class certification on July 23, 2008, seeking to certify a class consisting of all who are or will be detained in the Allegheny County Jail based solely on an immigration detainer and without the opportunity to object to their detention. The same day, the district court (Judge David S. Cercone) denied the habeas petition as moot, dismissed the action, and denied the motion for class certification because ICE had assumed custody of both petitioners.

Jennifer Bronson - 11/20/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
General
Over/Unlawful Detention
Placement in detention facilities
Immigration
Detention - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Habeas Corpus, 28 U.S.C. ยงยง 2241-2253; 2254; 2255
Defendant(s) Warden of Allegheny County Jail
Plaintiff Description 2 individuals detained in county jail
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
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)
2:08-cv-979 (W.D. Pa.) 07/23/2008
IM-PA-0011-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 07/11/2008
IM-PA-0011-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Court 07/23/2008 (W.D. Pa.)
IM-PA-0011-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Cercone, David S. (W.D. Pa.)
IM-PA-0011-0002 | IM-PA-0011-9000
Monitors/Masters None on record
Plaintiff's Lawyers Driscoll, Donald (Pennsylvania)
IM-PA-0011-0001 | IM-PA-0011-9000
Welling, Evalynn B. (Pennsylvania)
IM-PA-0011-0001 | IM-PA-0011-9000
Defendant's Lawyers Farrell, Megan (Pennsylvania)
IM-PA-0011-9000
Wojcik, Michael H. (Pennsylvania)
IM-PA-0011-9000
Other Lawyers None on record

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