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Case Name Reid v. Donelan IM-MA-0006
Docket / Court 3:13-cv-30125-MAP ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Immigration
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
Case Summary
On July 1, 2013, a lawful permanent resident and veteran held in immigration detention in Massachusetts brought a Petition for Writ of Habeas Corpus, 28 U.S.C. § 2241, seeking an individualized bond hearing to challenge his detention.

Plaintiff was convicted of a number of crimes, ... read more >
On July 1, 2013, a lawful permanent resident and veteran held in immigration detention in Massachusetts brought a Petition for Writ of Habeas Corpus, 28 U.S.C. § 2241, seeking an individualized bond hearing to challenge his detention.

Plaintiff was convicted of a number of crimes, including selling an illegal drug, third degree burglary, and failure to appear, and was sentenced in Connecticut state court to twelve years in prison, to be suspended after five. After he served two years in prison, he was paroled on November 13, 2012; on the same day, ICE took Plaintiff into custody and immediately took action to remove him. In removal proceedings, the plaintiff sought relief against deportation under the Convention Against Torture and on the ground that his removal would be disproportionate to any underlying misconduct. The Immigration Judge denied relief, and after the Board of Immigration Appeals (BIA) remanded, the Immigration Judge denied relief a second time. This decision is now on appeal for the second time to the BIA.

In addition, the plaintiff filed this federal habeas petition in the U.S. District Court for the District of Massachusetts, contending that his prolonged detention without an individualized bond hearing violated immigration statutes and the Constitution. On January 9, 2014, U.S. District Court (Michael A. Ponsor) agreed: the court granted the petition and ordered ICE to provide a bond hearing.

The plaintiff also argued in District Court that he has been needlessly shackled in Hartford Immigration Court. On March 6, 2014, the District Court held that ICE's nationwide policy of shackling detainees without an individualized finding of dangerousness violates the Due Process Clause of the Constitution. However, the Judge found that the claim of Mr. Reid himself was moot because he had been released on bond as a result of his successful habeas petition.

Finally, because ICE has repeatedly and unlawfully held detainees like the plaintiff for months or years without a bond hearing, he moved to represent a class of all ICE detainees in Massachusetts (where ICE confines most Connecticut residents) who have been held for more than six months. The District Court granted the motion for class certification, and on May 27, 2014, ordered class-wide relief. The court held that the defendants must: (1) cease and desist subjecting all current and future class members to mandatory detention; (2) immediately determine the custody of every current class member under 8 U.S.C. § 1226(a) and timely provide a bond hearing to every class member that seeks a redetermination of his or her custody by an Immigration Judge pursuant to 8 C.F.R. § 1003.19; (3) determine the custody of every future class member under 8 U.S.C. 1226(a) and provide a bond hearing to every class member that seeks a redetermination of his or her custody by an Immigration Judge pursuant to 8 C.F.R. § 1003.19 & 1236.1(d); (4) provide class counsel with a list of identified class members, including their names and alien numbers, and the facility in which they are detained; and (5) submit to the Court a report detailing custody determinations, bond hearing information, etc.

Defendants have appealed all orders to the First Circuit Court of Appeals.

Rebecca Eisenbrey - 04/12/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Defendant-type
Corrections
Jurisdiction-wide
Law-enforcement
General
Habeas Corpus
Immigration
Constitutional rights
Detention - conditions
Detention - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Department of Homeland Security
Franklin County Jail and House of Correction
Sheriff of Bristol County
Sheriff of Franklin County
Sheriff of Plymouth County
Sheriff of Suffolk County
The Executive Office for Immigration Review
U.S. Immigration and Customs Enforcement
Plaintiff Description Lawful permanent resident held in immigration detention.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
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)
3:13-cv-30125-MAP (D. Mass.) 04/20/2015
IM-MA-0006-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Petition for Writ of Habeas Corpus 07/01/2013
IM-MA-0006-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order Regarding Plaintiff's Petition for Writ of Habeas Corpus 01/09/2014 (991 F.Supp.2d 275) (D. Mass.)
IM-MA-0006-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order Regarding Plaintiff's Motion for Class Certification 02/10/2014 (297 F.R.D. 185) (D. Mass.)
IM-MA-0006-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order Regarding Plaintiff's Motion for Summary Judgment and Defendants' Cross-motion for Summary Judgment 03/06/2014 (2 F.Supp.3d 38) (D. Mass.)
IM-MA-0006-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Bloomberg Law
Order Granting Plaintiff's Motion for Summary Judgment and Plaintiff's Motion for Notice of Class Certification 05/27/2014 (22 F.Supp.3d 84) (D. Mass.)
IM-MA-0006-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Memorandom and Order Regarding Plaintiffs' Motion for Enforcement or Modification of Class Certification Order and for Limited Discovery 12/10/2014 (2014 WL 6973634) (D. Mass.)
IM-MA-0006-0005.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Ponsor, Michael Adrian (D. Mass.) [Magistrate]
IM-MA-0006-0001 | IM-MA-0006-0002 | IM-MA-0006-0004 | IM-MA-0006-0005 | IM-MA-0006-0006 | IM-MA-0006-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ahmad, Muneer I. (Connecticut)
IM-MA-0006-9000
Ahmed, Sameer (New York)
IM-MA-0006-9000
Arulanantham, Ahilan T (California)
IM-MA-0006-9000
Carasik, Lauren (Massachusetts)
IM-MA-0006-9000
Fabian Izzo, Rebecca (Massachusetts)
IM-MA-0006-9000
Fleming, Mark C. (Massachusetts)
IM-MA-0006-9000
Hallett, Amber Nicole (Connecticut)
IM-MA-0006-9000
Hinman, Miriam (Connecticut)
IM-MA-0006-9000
Hoechst, Kendall (Connecticut)
IM-MA-0006-9000
Mai, Lunar (Connecticut)
IM-MA-0006-9000
Saraswat, Anant K. (Massachusetts)
IM-MA-0006-9000
Segal, Matthew (Massachusetts)
IM-MA-0006-9000
Song, Elizabeth (Connecticut)
IM-MA-0006-9000
Swift, Ruth (Connecticut)
IM-MA-0006-9000
Thomas, Tina M. (Connecticut)
IM-MA-0006-9000
Thomas Tan, Michael King (California)
IM-MA-0006-9000
Wishnie, Michael J. (Connecticut)
IM-MA-0006-9000
Yanik, Mary (Connecticut)
IM-MA-0006-9000
Defendant's Lawyers Davila, Yamileth G. (District of Columbia)
IM-MA-0006-9000
Goodwin, Karen L. (Massachusetts)
IM-MA-0006-9000
Hildebrand, Regan (District of Columbia)
IM-MA-0006-9000
Kisor, Colin A. (District of Columbia)
IM-MA-0006-9000
Perez, Elianis N. (District of Columbia)
IM-MA-0006-9000
Weintraub, J. Max (District of Columbia)
IM-MA-0006-9000
Other Lawyers None on record

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