Case: Van Dinh v. Reno

1:98-cv-00926 | U.S. District Court for the District of Colorado

Filed Date: April 27, 1998

Closed Date: Jan. 31, 2000

Clearinghouse coding complete

Case Summary

In March 1998, the plaintiff, a lawful permanent resident facing deportation because of a criminal conviction, filed a habeas corpus action in the District Court for the District of Colorado, individually and on behalf of others similarly situated, challenging the constitutionality of holding deported people indefinitely when their country of origin refused to allow them reentry. Subsequent to the suit being filed, the plaintiff received notice that he and other immigration detainees might be t…

In March 1998, the plaintiff, a lawful permanent resident facing deportation because of a criminal conviction, filed a habeas corpus action in the District Court for the District of Colorado, individually and on behalf of others similarly situated, challenging the constitutionality of holding deported people indefinitely when their country of origin refused to allow them reentry. Subsequent to the suit being filed, the plaintiff received notice that he and other immigration detainees might be transferred from the facility in Aurora, Colorado to other facilities due to a contract dispute with the facility operator.

On April 24 1998, the plaintiff filed an amended application for habeas corpus, challenging the possibility of his transfer as being an unconstitutional denial of his right to counsel if moved to a remote area. He requested class certification and a TRO to prevent transfer of all detainees outside of the Denver-area. The District Court issued a TRO, suspending any detainee transfers until a hearing set on April 27.

On April 26, 1998, the plaintiff and other immigrant detainees filed a separate class action lawsuit under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). In that suit, the plaintiffs requested injunctive relief restraining all transfers until the detainees were able to consult with local counsel. The plaintiffs also moved for class certification and to consolidate the case with the plaintiff's original habeas action.

The government moved to dismiss both cases for lack of jurisdiction.

At the April 27 TRO hearing, the government advised the Court that it reached a temporary contract extension for its facility in Aurora, Colorado, making the TRO moot. A long term contract was subsequently entered and the parties eventually reached a stipulation with regard to the plaintiff's bail, resolving his habeas case.

As the government was no longer transferring detainees from Aurora, Colorado, it moved to dismiss as moot the Bivens class action. Plaintiffs filed a response, agreeing that the case was moot, but requesting attorneys fees under the Equal Access to Justice Act (EAJA), 28 U.S.C.S. § 2412(d)(1)(A). The District Court refused to award attorneys fees, concluding that plaintiffs had not shown that they were the prevailing party. Plaintiffs appealed.

The Tenth Circuit Court of Appeals found that the District Court did not have subject matter jurisdiction over the case. The judgment was vacated and the case was remanded for dismissal with prejudice. Van Dinh v. Reno, 197 F.3d 427 (10th Cir. 1999).

 

Summary Authors

Dan Dalton (11/15/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10673008/parties/dinh-v-reno/


Judge(s)

Kane, John L. Jr. (Colorado)

McKay, Monroe G. (Utah)

Attorney for Plaintiff
Attorney for Defendant

Hegarty, Michael E. (Colorado)

Howard, William J. (District of Columbia)

Kline, David J. (District of Columbia)

Judge(s)

Kane, John L. Jr. (Colorado)

McKay, Monroe G. (Utah)

Murphy, Michael R. (Minnesota)

Tacha, Deanell Reece (Kansas)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

1:98-cv-00926

Docket (PACER)

Dinh v. Reno

Jan. 31, 2000

Jan. 31, 2000

Docket

1:98-cv-00652

Docket [related case]

Dinh v. Greene

Feb. 22, 2000

Feb. 22, 2000

Docket

98-01312

Docket [USCA]

Dinh v. Reno

U.S. Court of Appeals for the Tenth Circuit

Aug. 11, 2003

Aug. 11, 2003

Docket

98-01312

Order [Remanding Case for Dismissal]

Dinh v. Reno

U.S. Court of Appeals for the Tenth Circuit

Nov. 18, 1999

Nov. 18, 1999

Order/Opinion

197 F.3d 197

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10673008/dinh-v-reno/

Last updated Oct. 14, 2023, 1:03 p.m.

ECF Number Description Date Link Date / Link
1

Class Action COMPLAINT (former empl) (Entered: 04/28/1998)

April 27, 1998

April 27, 1998

PACER

FILING FEE PAID on 4/27/98 in the amount of $150.00, receipt # 195649. (former empl)

April 27, 1998

April 27, 1998

PACER
2

MOTION by plaintiff to maintain (certify) class action (former empl) (Entered: 04/28/1998)

April 27, 1998

April 27, 1998

PACER
3

MOTION by plaintiffs to consolidate cases 98-K-926 & 98-K-652 (former empl) (Entered: 04/28/1998)

April 27, 1998

April 27, 1998

PACER
4

MOTION by plaintiffs for temporary restraining order re denial of right to counsel due to prisoner transfer (former empl) (Entered: 04/28/1998)

April 27, 1998

April 27, 1998

PACER
5

Memorandum of Law (BRIEF) by plaintiffs in support of motion for temporary restraining order re denial of right to counsel due to prisoner transfer [4-1] (former empl) (Entered: 04/28/1998)

April 27, 1998

April 27, 1998

PACER
6

Initial RESPONSE by defendants to motion for temporary restraining order re denial of right to counsel due to prisoner transfer [4-1]; motion to consolidate cases 98-K-926 & 98-K-652 [3-1]; and motion to maintain (certify) class action [2-1] (former empl) (Entered: 04/28/1998)

April 27, 1998

April 27, 1998

PACER
7

STATUS REPORT by defendants (former empl) (Entered: 05/19/1998)

May 15, 1998

May 15, 1998

PACER
8

MOTION by government (defendants) to dismiss as moot (former empl) (Entered: 05/26/1998)

May 22, 1998

May 22, 1998

PACER
9

RESPONSE by plaintiffs to motion to dismiss as moot [8-1] (former empl) (Entered: 05/27/1998)

May 26, 1998

May 26, 1998

PACER
10

MINUTE ORDER by Judge John L. Kane setting hearing on motion to dismiss as moot [8-1] 9:30 6/3/98 (cc: all counsel) ; entry date : 5/27/98 (former empl) (Entered: 05/27/1998)

May 26, 1998

May 26, 1998

PACER
11

REPLY by defendant in support of (to response to) motion to dismiss as moot [8-1] (former empl) (Entered: 06/01/1998)

June 1, 1998

June 1, 1998

PACER
12

Correction (STATEMENT) by plaintiffs to motion response [9-1] (former empl) (Entered: 06/01/1998)

June 1, 1998

June 1, 1998

PACER
13

COURTROOM MINUTES - Motion Hearing by Judge John L. Kane: hearing on motion to dismiss as moot [8-1] held at 9:30 6/3/98; hearing not really on motion but to find out where alleged missing persons are; counsel to report to court on where missing persons are; hrg continued to 6/10/98; entry date: 6/4/98; Court Reporter: Lucy Irwin (former empl) (Entered: 06/04/1998)

June 3, 1998

June 3, 1998

PACER
14

MOTION by plaintiffs for reasonable attorney's fees & costs pursuant to EAJA (former empl) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

PACER
15

Concurrence (RESPONSE) by plaintiffs with motion to dismiss as moot [8-1] (former empl) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

PACER
16

COURTROOM MINUTES by Judge John L. Kane in court hrg held 6/10/98 ; granting motion to dismiss as moot [8-1]; only remaining issue is attys fees; gvt to respond to [14-1] motion for reasonable attorney's fees & costs pursuant to EAJA on or before 6/30/98, reply due 7/10/98; (finding the motion for tro re denial of right to counsel due to prisoner transfer [4-1] moot, finding the motion to consolidate cases 98-K-926 & 98-K-652 [3-1] moot, finding the motion to maintain (certify) class action [2-1] moot) entry date: 6/10/98; ECR Operator: Lucy Irwin (former empl) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

PACER
17

RESPONSE by defendants to motion for reasonable attorney's fees & costs pursuant to EAJA [14-1] (former empl) (Entered: 06/29/1998)

June 26, 1998

June 26, 1998

PACER
18

REPLY by plaintiffs to response to motion for reasonable attorney's fees & costs pursuant to EAJA [14-1] (former empl) (Entered: 07/13/1998)

July 10, 1998

July 10, 1998

PACER
19

ORDER by Judge John L. Kane denying motion for reasonable attorney's fees & costs pursuant to EAJA [14-1] (cc: all counsel); entry date: 7/14/98 (former empl) (Entered: 07/14/1998)

July 14, 1998

July 14, 1998

PACER
20

JUDGMENT by Clerk James R. Manspeaker regarding [19-1] order that no fees & costs awarded under EAJA (cc: all counsel); entry date: 7/17/98 (former empl) (Entered: 07/17/1998)

July 17, 1998

July 17, 1998

PACER
21

ORDER by Judge John L. Kane granting motion to dismiss as moot [8-1] and dismissing case (cc: all counsel) ; entry : 7/21/98 (former empl) (Entered: 07/21/1998)

July 21, 1998

July 21, 1998

PACER
22

NOTICE OF APPEAL by plaintiffs Thong Huan Van Dinh, Oscar Garcia-Perez, Meseret Antanaw Wassie, Benigno Palaganas-Suarez, Loi Nguyen, Juan Cisneros, and Celeste Ferguson re judgment [20-1] of 7/17/98 ; Notice of transcript order form due 8/27/98 ; Notice mailed to all counsel on 8/17/98 (former empl) (Entered: 08/17/1998)

Aug. 17, 1998

Aug. 17, 1998

PACER

$100.00 fee and $5.00 fee paid. Receipt No 198599. appeal [22-1] (former empl)

Aug. 17, 1998

Aug. 17, 1998

PACER
23

Case No. 98-1312 assigned by the Court of Appeals. [22-1] (gms) (Entered: 08/20/1998)

Aug. 19, 1998

Aug. 19, 1998

PACER
24

NOTICE OF TRANSCRIPT ORDER FORM filed by plaintiffs/appellants ; (Transcript not necessary) appeal [22-1] (gms) (Entered: 09/23/1998)

Sept. 22, 1998

Sept. 22, 1998

PACER
25

LETTER (Re: [22-1] ) to USCA and all counsel advising that record is now complete...tof filed stating transcript not necessary. (gms) (Entered: 09/23/1998)

Sept. 23, 1998

Sept. 23, 1998

PACER
26

TRANSCRIPT of proceedings of 6/3/98 Motions Hearing (pages 1-10) Prepared By: Federal Reporting (former empl) (Entered: 12/10/1998)

Dec. 9, 1998

Dec. 9, 1998

PACER
27

TRANSCRIPT of proceedings of 6/10/98 Motions Hearing (pages 1-4) Prepared By: Federal Reporting (former empl) (Entered: 12/10/1998)

Dec. 9, 1998

Dec. 9, 1998

PACER
28

MANDATE from the Court of Appeals; CA # 98-1312; Dt issued 1/10/00; JGM dated 11/18/99 Judgment is vacated and case is remanded for further proceedings [Appeal [22-1] (gms) (Entered: 01/12/2000)

Jan. 11, 2000

Jan. 11, 2000

PACER
29

ORDER by Judge John L. Kane: pursuant to mandate of the 10th Circuit Court of Appeals [28-1] this case is dismissed with prejudice (cc: all counsel) ; entry date : 2/2/00 (lam) (Entered: 02/02/2000)

Jan. 31, 2000

Jan. 31, 2000

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: April 27, 1998

Closing Date: Jan. 31, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Lawful permanent resident incarcerated pending deportation requesting injunction relief against proposed transfer to another facility.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Constitutional rights

Detention - criteria

Detention - procedures