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Case Name Aguilar v. ICE IM-NY-0037
Docket / Court 1:07-cv-08224-JGK ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration and/or the Border
Attorney Organization Center for Constitutional Rights (CCR)
Case Summary
On September 20, 2007 several Latino families and individuals, represented by the Puerto Rican Legal Defense and Education Fund and private counsel, filed a class action suit against the U.S. Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security in the U.S ... read more >
On September 20, 2007 several Latino families and individuals, represented by the Puerto Rican Legal Defense and Education Fund and private counsel, filed a class action suit against the U.S. Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security in the U.S. District Court for the Southern District of New York, challenging raids conducted as part of a program called "Operation Return to Sender." Plaintiffs alleged that federal agents unlawfully raided the homes of Latinos in the New York City area without warrants and often under cover of darkness, in search of fugitive non-citizens. Plaintiffs claimed that they were detained, interrogated and subjected to physical abuse, in violation of the Fourth Amendment. The complaint sought damages and an injunction restraining ICE's New York Regional Office from executing unconstitutional raids.

On December 7, 2007, Defendants moved to dismiss Plaintiffs' Fourth Amendment claim. On July 30, 2008, the District Court (Judge John G. Koeltl) dismissed this motion as moot, because Plaintiffs had amended their complaint. On December 21, 2009, Plaintiffs filed their fourth amended complaint, adding claims of Fifth Amendment violations (violations of Equal Protection due to the targeting of Latino communities); false imprisonment; reckless, negligent, and intentional infliction of emotional distress; trespass; assault and battery; and excessive force. They sought equitable relief, damages under the Federal Tort Claims Act, and damages under Bivens. After the U.S. Supreme Court's decision in Iqbal v. Ashcroft, Defendants moved to dismiss the Bivens claim against the high-ranking official defendants on March 29, 2010. And they moved to dismiss the claim for injunctive relief on May 19, 2010, arguing that the plaintiffs lacked standing to seek such relief because they were unlikely to again be subjected to the allegedly unconstitutional behavior.

On December 22, 2010, Plaintiffs filed a petition to certify their class. However, in the wake of the U.S. Supreme Court's decision in Dukes v. Walmart, the District Court withdrew Plaintiffs' petition for class certification and granted leave to amend. On November 22, 2011, Plaintiffs refiled their petition to certify their class. On April 16, 2012, the District Court (Judge Katherine B. Forrest) denied Plaintiffs' motion for class certification. 2012 WL 1344417. Plaintiffs moved for leave to appeal the District Court's decision, but this motion was denied on July 16, 2012 by the Court of Appeals for the Second Circuit.

On August 1, 2011, the District Court (Judge Koeltl) dismissed Plaintiffs' Fourth and Fifth Amendment claims against all but two supervisory Defendants. 811 F. Supp. 2d 803.

On October 28, 2011, Plaintiffs filed a motion for partial summary judgment as to their Bivens claim. Defendants responded with a cross-motion for partial summary judgment. On April 30, 2012, the District Court (Judge Forrest) denied both parties' motions. 2012 WL 1538431.

On September 14, 2012, Defendants moved to dismiss the case for lack of jurisdiction. However, on September 27, the District Court (Judge Forrest) adjourned all pending motions, presumably due to ongoing settlement negotiations. On November 15, the court set a deadline of December 12 for the parties to submit a settlement or restore the action. This deadline was extended, after which the parties submitted a settlement agreement and voluntary dismissal on December 27. Judge Forrest signed the agreement on April 4, 2013. The settlement agreement stipulated to a payment of one million dollars from ICE to Plaintiffs ($36,000 to each Plaintiff, remainder to attorneys), termination of Plaintiffs' immigration proceedings, implementation of a policy of training ICE officers on how to obtain proper consent for home (and curtilage) entrance, and a discontinuance of "protective sweeps" unless there is a reasonable, articulable suspicion of danger. This agreement terminated the suit.

Document destruction as required by the settlement continued into 2015. There has been no docket activity since 2015. The case is likely closed because the settlement required the defendants to disseminate training documents relating to the modified policies within 60 days of the settlement.

- 04/06/2013


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Issues and Causes of Action
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Issues
Defendant-type
Law-enforcement
General
Search policies
Immigration/Border
Constitutional rights
Deportation - procedure
Detention - conditions
Detention - criteria
Detention - procedures
ICE/DHS/INS raid
Plaintiff Type
Private Plaintiff
Causes of Action Ex Parte Young (Federal) or Bivens
Defendant(s) U. S. Immigration and Customs Enforcement
Plaintiff Description Persons who (1) are Latino, live with Latinos or are otherwise sought by ICE pursuant to Operation Return to Sender and (2) reside in the jurisdiction of ICE's New York City regional office, have been subjected to and/or are at risk of home raids by ICE
Indexed Lawyer Organizations Center for Constitutional Rights (CCR)
Class action status sought Yes
Class action status outcome Denied
Filed Pro Se No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Filed 09/20/2007
Case Ongoing No reason to think so
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
S.D.N.Y.
05/07/2015
1:07-cv-08224-JGK
IM-NY-0037-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
not recorded
09/20/2007
Latinos Challenge Constitutionality of Home Raids Conducted by ICE
IM-NY-0037-0002.pdf | Detail
S.D.N.Y.
09/20/2007
Class Action Complaint [ECF# 1]
IM-NY-0037-0001.pdf | Detail
S.D.N.Y.
12/21/2009
Fourth Amended Class Action Complaint [ECF# 202]
IM-NY-0037-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
03/29/2010
Memorandum of Law in Support of Motion to Dismiss the Complaint Against Defendants Michael Chertoff, Julie Myers, John Torres, and Marcy Forman [ECF# 221]
IM-NY-0037-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
05/19/2010
Plaintiffs' Memorandum of Law in Opposition to Defendants' Chertoff, Myers, Torres, and Forman's Motion to Dismiss [ECF# 239]
IM-NY-0037-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
07/30/2010
Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss Plaintiffs' Claim for Injunctive Relief [ECF# 257]
IM-NY-0037-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
01/11/2011
Discovery Order [ECF# 274]
IM-NY-0037-0007.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
07/29/2011
Opinion and Order [ECF# 286] (811 F.Supp.2d 803)
IM-NY-0037-0008.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
10/14/2011
Plaintiffs' Memorandum of Law in Support of their Motion for Class Certification [ECF# 297]
IM-NY-0037-0009.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
11/23/2011
Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification [ECF# 311]
IM-NY-0037-0014.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
01/23/2012
Plaintiffs' Memorandum of Law in Support of Motion for Partial Summary Judgment [ECF# 326]
IM-NY-0037-0010.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
03/20/2012
Defenants' Memorandum of Law in Opposition to Plaintiffs' Motion for Partial Summary Judgment [ECF# 344]
IM-NY-0037-0011.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
03/20/2012
Memorandum of Law in Support of Five Bivens Defendants' Motion for Summary Judgment [ECF# 345]
IM-NY-0037-0013.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
04/16/2012
Opinion and Order [ECF# 347] (2012 WL 1344417)
IM-NY-0037-0015.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
04/30/2012
Memorandum and Order [ECF# 348] (2012 WL 1538431)
IM-NY-0037-0012.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
04/04/2013
Stipulation and Order of Dismissal and Settlement [ECF# 426]
IM-NY-0037-0016.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Forrest, Katherine Bolan (S.D.N.Y.) show/hide docs
IM-NY-0037-0012 | IM-NY-0037-0015 | IM-NY-0037-0016 | IM-NY-0037-9000
Koeltl, John George (S.D.N.Y.) show/hide docs
IM-NY-0037-0008
Maas, Frank S. (S.D.N.Y.) [Magistrate] show/hide docs
IM-NY-0037-0007
Monitors/Masters Davis, Richard J. (New York) show/hide docs
IM-NY-0037-9000
Plaintiff's Lawyers Badini, Aldo A. (New York) show/hide docs
IM-NY-0037-0003 | IM-NY-0037-0005 | IM-NY-0037-0006 | IM-NY-0037-0009 | IM-NY-0037-0010 | IM-NY-0037-0016 | IM-NY-0037-9000
Cairns, Richard J (New York) show/hide docs
IM-NY-0037-0001 | IM-NY-0037-9000
Chin, Jackson (New York) show/hide docs
IM-NY-0037-0001 | IM-NY-0037-9000
Coleman, Ilona Beth (New York) show/hide docs
IM-NY-0037-9000
Ellis, Krista Marie (New York) show/hide docs
IM-NY-0037-9000
Gennardo, Patrick Joseph (New York) show/hide docs
IM-NY-0037-0001 | IM-NY-0037-0002 | IM-NY-0037-9000
Gordon, Donna L (New York) show/hide docs
IM-NY-0037-0001 | IM-NY-0037-0003 | IM-NY-0037-0005 | IM-NY-0037-0006 | IM-NY-0037-0009 | IM-NY-0037-9000
Hand, Aaron Richard (California) show/hide docs
IM-NY-0037-9000
Hirsh, Lawrence Steven (New York) show/hide docs
IM-NY-0037-0010 | IM-NY-0037-9000
Hughes, Diana Lee (California) show/hide docs
IM-NY-0037-9000
Iturralde, Christina (New York) show/hide docs
IM-NY-0037-0003 | IM-NY-0037-0005 | IM-NY-0037-0006 | IM-NY-0037-0009 | IM-NY-0037-9000
Jordan, Elizabeth Joynes (New York) show/hide docs
IM-NY-0037-9000
Joynes, Elizabeth (New York) show/hide docs
IM-NY-0037-0016 | IM-NY-0037-9000
Leiden, Diana Hughes (California) show/hide docs
IM-NY-0037-9000
Librera, Kelly Anne (New York) show/hide docs
IM-NY-0037-0003 | IM-NY-0037-0006 | IM-NY-0037-0009 | IM-NY-0037-0010 | IM-NY-0037-0016 | IM-NY-0037-9000
Maer, Foster (New York) show/hide docs
IM-NY-0037-0001 | IM-NY-0037-0003 | IM-NY-0037-0005 | IM-NY-0037-0006 | IM-NY-0037-0009 | IM-NY-0037-0010 | IM-NY-0037-0016 | IM-NY-0037-9000
Mastoris, George Eric (New York) show/hide docs
IM-NY-0037-0016 | IM-NY-0037-9000
Opheim, Jennifer Marie (New York) show/hide docs
IM-NY-0037-9000
Perales, Cesar A. (New York) show/hide docs
IM-NY-0037-0002
Reilly, Rebecca Marie (New York) show/hide docs
IM-NY-0037-9000
Schwarz, Ghita (New York) show/hide docs
IM-NY-0037-0001 | IM-NY-0037-0003 | IM-NY-0037-0005 | IM-NY-0037-0006 | IM-NY-0037-0009 | IM-NY-0037-0010 | IM-NY-0037-0016 | IM-NY-0037-9000
Sen, Urvashi (New York) show/hide docs
IM-NY-0037-9000
Stewart, Colin Gregory (New York) show/hide docs
IM-NY-0037-0001 | IM-NY-0037-9000
Tsai, Kelly H (New York) show/hide docs
IM-NY-0037-0001 | IM-NY-0037-0003 | IM-NY-0037-9000
Whitener, Jennifer O. (New York) show/hide docs
IM-NY-0037-0003 | IM-NY-0037-0005 | IM-NY-0037-0010
Defendant's Lawyers Bharara, Preetinder S. (New York) show/hide docs
IM-NY-0037-0004 | IM-NY-0037-0011 | IM-NY-0037-0013 | IM-NY-0037-0014 | IM-NY-0037-0016
Bober, David (New York) show/hide docs
IM-NY-0037-0004 | IM-NY-0037-0011 | IM-NY-0037-0013 | IM-NY-0037-0014 | IM-NY-0037-0016 | IM-NY-0037-9000
Cargo, Shane Patrick (New York) show/hide docs
IM-NY-0037-0004 | IM-NY-0037-0011 | IM-NY-0037-0013 | IM-NY-0037-0014 | IM-NY-0037-0016 | IM-NY-0037-9000
Cowart, Brandon Herbert (New York) show/hide docs
IM-NY-0037-0004 | IM-NY-0037-0011 | IM-NY-0037-0013 | IM-NY-0037-0014 | IM-NY-0037-0016 | IM-NY-0037-9000
Eshkenazi, Lara K. (New York) show/hide docs
IM-NY-0037-9000
Pellegrino, Louis Anthony (New York) show/hide docs
IM-NY-0037-0011 | IM-NY-0037-0013 | IM-NY-0037-0014 | IM-NY-0037-0016 | IM-NY-0037-9000
Penn, Allison D (New York) show/hide docs
IM-NY-0037-0004
Vassallo, Kristin Lynn (New York) show/hide docs
IM-NY-0037-0004 | IM-NY-0037-9000
Wolstein, Elizabeth (New York) show/hide docs
IM-NY-0037-9000

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