Case: Alli v. Decker

4:09-cv-00698 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: April 15, 2009

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On April 15, 2009, two longtime permanent residents of the United States who had been detained in Pennsylvania prisons for periods exceeding six months while they pursued challenges to decisions to deport them filed a class action lawsuit against the Department of Homeland Security, the Department of Justice, and the prisons that held them in the U.S. District Court for the Middle District of Pennsylvania under the Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq., the Administrat…

On April 15, 2009, two longtime permanent residents of the United States who had been detained in Pennsylvania prisons for periods exceeding six months while they pursued challenges to decisions to deport them filed a class action lawsuit against the Department of Homeland Security, the Department of Justice, and the prisons that held them in the U.S. District Court for the Middle District of Pennsylvania under the Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq., the Administrative Procedure Act, 5 U.S.C. § 551 et seq., and the due process clause of the Fifth Amendment. The plaintiffs, represented by private and public interest counsel, asked the court for a writ of habeas corpus and injunctive and declaratory relief, alleging violations of their Fifth Amendment rights. Specifically, the plaintiffs claimed that their prolonged detention pending immigration proceedings without a hearing to determine whether such detention was justified violated the due process clause of the Fifth Amendment.

On August 10, 2009, the Court (Judge John E. Jones III) declined to certify a class action or to grant habeas class relief but granted the plaintiffs' individual habeas petitions. Alli v. Decker, 644 F. Supp. 2d 535 (M.D. Pa. 2009). The court found that it lacked subject matter jurisdiction to provide class relief, as the statute that authorized plaintiffs' detention explicitly barred class action to enjoin or restrain its application, but also interpreted that statute as authorizing mandatory detention only "for the period of time reasonably necessary to promptly initiate and conclude removal proceedings," and held that "[i]f an alien detained pursuant to [the statute] makes a showing via a habeas petition that detention is no longer reasonable, the alien must be afforded a hearing before the habeas court at which the government bears the burden of justifying continued detention based on traditional bail factors such as the alien's risk of flight and potential danger to the community." Id. at 11-12. The court gave the parties twenty days to indicate whether they wanted to present testimony or evidence related to the reasonableness of the plaintiffs' detentions at a bail hearing.

Rather than do so, the parties came to an agreement whereby defendants would release the plaintiffs without requiring that they post bail. One plaintiff was released in late January of 2010 under minimal reporting requirements, and the other was released in late March of the same year, subject to electronic monitoring.

Summary Authors

Christopher Schad (6/4/2012)

People


Judge(s)
Attorney for Plaintiff

Alcaro, Frederick (Pennsylvania)

Anello, Farrin R (New York)

Burch, Valerie (Pennsylvania)

Attorney for Defendant

Atkinson, Theodore W (District of Columbia)

Cerutti, Stephen (Pennsylvania)

show all people

Documents in the Clearinghouse

Document

4:09-cv-00698

Docket

U.S. District Court for the Western District of Pennsylvania

Dec. 21, 2011

Dec. 21, 2011

Docket
9

4:09-cv-00698

Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory Relief

May 27, 2009

May 27, 2009

Complaint
56

4:09-cv-00698

Memorandum and Order

Aug. 10, 2009

Aug. 10, 2009

Order/Opinion

644 F.Supp.2d 644

100

4:09-cv-00698

Order (Denying Respondents' Motion for Reconsideration)

Feb. 22, 2010

Feb. 22, 2010

Order/Opinion

Docket

Last updated March 27, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus, filed by Alexander Alli.(ch1) (Entered: 04/15/2009)

April 15, 2009

April 15, 2009

2

RECEIPT LETTER $ 5.00, receipt number 333009931 Alexander Alli H/C Filing Fee 5/7/09 (ts, ) (Entered: 05/07/2009)

May 7, 2009

May 7, 2009

3

ORDER TO SHOW CAUSE; Clerk directed to serve Respondants and U. S. Attorny by certified mail. Show Cause Response due by 4/28/2009. Signed by Honorable John E. Jones, III on 5/8/2009. (ch1) (Entered: 05/08/2009)

May 8, 2009

May 8, 2009

SHOW CAUSE ORDER and Petition for Habeas Corpus Served on Respondants and U.S. Attorney by certified mail. (ch1) (Entered: 05/08/2009)

May 8, 2009

May 8, 2009

4

RETURN OF SERVICE (Non Summons &Complaint) by Mary Sabol (return receipt green card dated 5/11/2009). (ch1) (Entered: 05/13/2009)

May 13, 2009

May 13, 2009

5

RETURN OF SERVICE (Non Summons &Complaint) (return receipt green card dated 4/12/2009 for U. S. Attorney Pfannenschmidt). (ch1) (Entered: 05/13/2009)

May 13, 2009

May 13, 2009

6

RETURN OF SERVICE (Non Summons &Complaint)(return receipt green card dated 5/11/2009 for Eric Holder, U. S. Attorney General). (ch1) (Entered: 05/18/2009)

May 18, 2009

May 18, 2009

7

RETURN OF SERVICE (Non Summons &Complaint) (return receipt green card dated 5/13/2009 for Thomas Decker). (ch1) (Entered: 05/18/2009)

May 18, 2009

May 18, 2009

8

RETURN OF SERVICE (Non Summons &Complaint) by Janet Napolitano (return receipt green card dated 5/18/2009 − service accepted in official capacity only). (ch1) (Entered: 05/22/2009)

May 22, 2009

May 22, 2009

9

AMENDED COMPLAINT −−Petition for Writ of Habeas Corpus and Complaint for Declaratory Relief against Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol, filed by Alexander Alli. (Attachments: # 1 Declaration of Alexander Alli, # 2 Declaration of Elliot Grenade, # 3 Exhibit(s) A −− 1/29/09 IJ Decision, # 4 Exhibit(s) B −− Alli 2/29/08 Notice to Appear, # 5 Exhibit(s) C −− 3/29/05 Bond Order, # 6 Exhibit(s) D −− Grenade 1/12/07 Notice to Appear, # 7 Exhibit(s) E −− Grenade Removal Proceedings, # 8 Exhibit(s) F −− 12/28/06 Custody Determination, # 9 Exhibit(s) G −− 12/3/07 Notice of File Custody Review, # 10 Exhibit(s) H −− 1/16/09 Decision to Continue Detention−Stay)(Alcaro, Frederick) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

10

NOTICE of Appearance by Witold J. Walczak on behalf of Alexander Alli (Walczak, Witold) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

11

NOTICE of Appearance by Thomas B. Schmidt, III on behalf of Alexander Alli (Schmidt, Thomas) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

12

NOTICE of Appearance by Valerie Burch on behalf of Alexander Alli (Burch, Valerie) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

13

NOTICE of Appearance by Kathleen A. Mullen on behalf of Alexander Alli (Mullen, Kathleen) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

15

MOTION to Appear Pro Hac Vice − Attorney Michael Tan is seeking special admission. Filing fee $ 25, receipt number 03140000000001585671. by Alexander Alli.(Burch, Valerie) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

16

MOTION to Appear Pro Hac Vice − Attorney Eunice Lee is seeking special admission. Filing fee $ 25, receipt number 03140000000001585697. by Alexander Alli.(Burch, Valerie) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

17

MOTION to Certify Class by Alexander Alli. (Attachments: # 1 Exhibit(s) 1 −− Declaration of Michael Tan and Exhibit A thereto, # 2 Proposed Order)(Alcaro, Frederick) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

DOCKET ANNOTATION: Verified through NY State Unified Court System the records for Judy Rabinovitz, Michael Tan and Eunice Lee. All are currently registered. Verified through PA State Bar Record of Valeri Burch as active. (ch1) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

18

MOTION to Exceed Page Limitation by Alexander Alli. (Attachments: # 1 Proposed Order)(Alcaro, Frederick) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

19

SPECIAL ADMISSIONS FORM APPROVED as to Eunice Lee (eo, ) (Entered: 05/28/2009)

May 28, 2009

May 28, 2009

20

SPECIAL ADMISSIONS FORM APPROVED as to Judy Rabinovitz (eo, ) (Entered: 05/28/2009)

May 28, 2009

May 28, 2009

21

SPECIAL ADMISSIONS FORM APPROVED as to Michael Tan (eo, ) (Entered: 05/28/2009)

May 28, 2009

May 28, 2009

22

Application for Admission to Practice Before This Court. (Attachments: # 1 Supplement Letter from DOJ Supervisor)(Forney, Geoffrey) (Entered: 05/28/2009)

May 28, 2009

May 28, 2009

23

NOTICE of Appearance by Geoffrey Forney on behalf of Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Forney, Geoffrey) (Entered: 05/28/2009)

May 28, 2009

May 28, 2009

24

ORDER granting 18 Motion for Leave to File Excess Pages. Petitioners shall file a brief that is no longer than 35 pages in length. Signed by Honorable John E. Jones, III on 5/29/09 (bw, ) (Entered: 05/29/2009)

May 29, 2009

May 29, 2009

25

MOTION to Exceed Page Limitation by Alexander Alli. (Attachments: # 1 Proposed Order)(Rabinovitz, Judy) (Entered: 05/29/2009)

May 29, 2009

May 29, 2009

26

SPECIAL ADMISSIONS FORM APPROVED as to Geoffrey Forney (eo, ) (Entered: 06/01/2009)

June 1, 2009

June 1, 2009

27

MOTION for Preliminary Injunction by Alexander Alli. (Attachments: # 1 Proposed Order)(Rabinovitz, Judy) (Entered: 06/01/2009)

June 1, 2009

June 1, 2009

28

MOTION to Expedite Briefing Schedule by Alexander Alli. (Attachments: # 1 Proposed Order)(Rabinovitz, Judy) (Entered: 06/01/2009)

June 1, 2009

June 1, 2009

29

ORDER granting 25 Motion for Leave to File Excess Pages. Granting 28 Motion to Expedite. See order for details. (eo, ) (Entered: 06/02/2009)

June 2, 2009

June 2, 2009

30

MOTION to Exceed Page Limitation for Return in Opposition to Petitioner Alli's Petition for Writ of Habeas Corpus by Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Proposed Order)(Forney, Geoffrey) (Entered: 06/04/2009)

June 4, 2009

June 4, 2009

31

MOTION to Exceed Page Limitation for Return in Opposition to Petitioner Grenade's Petition for Writ of Habeas Corpus by Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Proposed Order)(Forney, Geoffrey) (Entered: 06/04/2009)

June 4, 2009

June 4, 2009

33

ORDER denying as moot 31 Motion for Leave to File Excess Pages. Granting 30 Motion for Leave to File Excess Pages. See order for details. (eo, ) (Entered:

June 9, 2009

June 9, 2009

35

NOTICE of Appearance by Theodore W. Atkinson on behalf of Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Atkinson, Theodore) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

36

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Theodore W. Atkinson on behalf of the United States and it's agencies, is seeking special admission. Filing Fee: 25.00. (rm, ) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

37

SPECIAL ADMISSIONS FORM APPROVED as to Theodore W. Atkinson (eo, ) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

38

STIPULATION Concerning Briefing and Scheduling by Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Atkinson, Theodore) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

39

BRIEF IN OPPOSITION re 27 MOTION for Preliminary Injunction filed by Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Exhibit(s) 1 − 18)(Atkinson, Theodore) (Entered: 06/15/2009)

June 15, 2009

June 15, 2009

40

REPLY BRIEF re 27 MOTION for Preliminary Injunction filed by Alexander Alli. (Attachments: # 1 Exhibit(s) A −− Response to Petition for Writ of Habeas Corpus, Polyakov v. Mukasey)(Mullen, Kathleen) (Entered: 06/19/2009)

June 19, 2009

June 19, 2009

41

RESPONSE TO PETITION FOR HABEAS CORPUS by Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol by Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Exhibit(s) 1 − 16)(Atkinson, Theodore) (Entered: 06/19/2009)

June 19, 2009

June 19, 2009

42

SCHEDULING ORDER: Oral Argument set for 8/4/2009 01:00 PM in Williamsport − Courtroom 2 before Honorable John E. Jones III. (eo, ) (Entered: 06/23/2009)

June 23, 2009

June 23, 2009

43

SCHEDULING ORDER: Oral Argument time and location reset for 8/4/2009 at 9:00 AM in HARRISBURG before Honorable John E. Jones III. Date remains the same as previously scheduled. Courtroom to be determined. (eo, ) (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

DOCKET ANNOTATION: Attorney Rabinovitz' office contacted to re−file document 44 as a supplement/brief in support to the previously filed amended petition; thereafter, doc 44 (which was e−filed as a reply to a previously filed motion), will be deleted. (lg, ) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

45

BRIEF by Elliot Grenade, Alexander Alli. Amendment to 9 Amended Complaint,,, filed by Elliot Grenade, Alexander Alli. Related document: 9 Amended Complaint,, filed by Alexander Alli. (Attachments: # 1 Exhibit(s) Unreported Case)(Rabinovitz, Judy) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

DOCKET ANNOTATION: Document 44 deleted; Attorney refiled correctly (see doc 45). (lg, ) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

46

MOTION to Appear Pro Hac Vice − Attorney Farrin Anello is seeking special admission. Filing fee $ 25, receipt number 03140000000001622335. by Elliot Grenade, Alexander Alli.(Burch, Valerie) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

47

MOTION to Withdraw Eunice Lee by Elliot Grenade, Alexander Alli.(Rabinovitz, Judy) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

DOCKET ANNOTATION: Verified status of Attorney Anello with NY State Court System and Valerie Burch with PA Bar as active. (ch1) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

48

SPECIAL ADMISSIONS FORM APPROVED as to Farrin R. Anello (eo, ) (Entered: 07/20/2009)

July 20, 2009

July 20, 2009

50

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Stephen Cerutti on behalf of Attorney Gjon Juncaj who is seeking special admission. Filing fee $ 25. (Cerutti, Stephen) Modified on 8/3/2009 (ki). (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

DOCKET ANNOTATION: Verified status as active with PA State Bar for Stephen Cerutti. (ch1) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

51

SPECIAL ADMISSIONS FORM APPROVED as to Gjon Juncaj (lg, ) (Entered: 08/04/2009)

Aug. 3, 2009

Aug. 3, 2009

DOCKET ANNOTATION: verified Michigan state bar record for Attorney Gjon Juncaj. (lg, ) (Entered: 08/04/2009)

Aug. 4, 2009

Aug. 4, 2009

53

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of proceedings, Oral Argument held on 08/04/2009, before Judge John E. Jones III. Court Reporter Joan D. Steinbach, RMR, Telephone number 570−772−7569; Joan_Steinbach@pamd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the court reporter or PACER. Redaction Request due 8/28/2009. Redacted Transcript Deadline set for 9/8/2009. Release of Transcript Restriction set for 11/5/2009. (cr5, ) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

54

COURT REPORTER NOTES OF PROCEEDINGS filed by Joan D. Steinbach, RMR of Oral Argument before Judge John E. Jones III on 08/04/2009. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge John E. Jones III on 08/04/2009. By s/ Joan D. Steinbach, RMR. (Court Reporter Notes are viewable by court staff only). (cr5, ) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

55

NOTICE TO UNREGISTERED ECF ATTORNEYS/PRO SE PARTIES regarding the filing of 53 Transcript. A copy of notice mailed to Gjon Juncaj. (lh, ) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

56

ORDER Denying 17 Motion to Certify Class. Denying 27 Motion for Preliminary Injunction. Within 20 days the parties shall indicate by letter on teh docket whether they wish to present testimony or evidence regarding the reasonableness of the petitioner's detention. See order for details. (eo, ) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

57

Unopposed MOTION Substitute a Redacted Version of Brief in Support of Motion for Preliminary Injunction by Elliot Grenade, Alexander Alli. (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Brief, # 3 Exhibit(s) Alli Declaration, # 4 Exhibit(s) Mafos−Alli Declaration, # 5 Exhibit(s) Grenade Declaration, # 6 Exhibit(s) C Grenade Declaration, # 7 Exhibit(s) Womack Declaration, # 8 Exhibit(s) Baptist Declaration, # 9 Exhibit(s) A −− Alli Interlocutory Ruling, # 10 Exhibit(s) B −− Summary Order, # 11 Exhibit(s) C −− Grenade Notice of Custody Determination, # 12 Exhibit(s) D −− Alli Notice to Appear 2/29/08, # 13 Exhibit(s) E −− Rachel Mapos Certificate of Naturalization, # 14 Exhibit(s) Alli Certificate of Marriage Registration, # 15 Exhibit(s) G −− Alli Children Certificates of Birth, # 16 Exhibit(s) H −− Photographs of Alli Family, # 17 Exhibit(s) I −− Alli Real Estate License, # 18 Exhibit(s) J −− Bond Order dated 3/9/05, # 19 Exhibit(s) K −− Alli Program Review Report dated 4/10/08, # 20 Exhibit(s) L −− Alli Psychosocial Report, # 21 Exhibit(s) M −− Alli Family Letters, # 22 Exhibit(s) N −− Affidavit of Pastor Daniel Ajayi−Adeniran, # 23 Exhibit(s) O −− Alli Letters of Recommendation, # 24 Exhibit(s) P −− Grenade Notice to Appear, # 25 Exhibit(s) Q −− Grenade Family Photographs, # 26 Exhibit(s) R −− Grenade Certificate of Domestic Partnership, # 27 Exhibit(s) S −− Grenade Petitioner's Brief, # 28 Exhibit(s) T −− Grenade Notice to Alien of File Custody Review, # 29 Exhibit(s) U −− Grenade Decision to Continue Detention−Stay, # 30 Exhibit(s) V −− Letters from Grenade Children, # 31 Exhibit(s) W −− ASAT Program Evaluation, # 32 Exhibit(s) X −− Inmate Progress Report)(Mullen, Kathleen) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

59

MOTION to Exceed Page Limitation by Elliot Grenade, Alexander Alli.(Rabinovitz, Judy) (Entered: 08/20/2009)

Aug. 20, 2009

Aug. 20, 2009

60

ORDER granting 59 Motion for Leave to File Excess Pages (eo, ) (Entered: 08/21/2009)

Aug. 21, 2009

Aug. 21, 2009

61

MOTION for Reconsideration re 56 Order on Motion to Withdraw, Order on Motion to Certify Class, Order on Motion for Preliminary Injunction,,, by Elliot Grenade, Alexander Alli.(Rabinovitz, Judy) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

62

BRIEF IN SUPPORT re 61 MOTION for Reconsideration re 56 Order on Motion to Withdraw, Order on Motion to Certify Class, Order on Motion for Preliminary Injunction,,, filed by Elliot Grenade, Alexander Alli.(Rabinovitz, Judy) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

63

Letter from Respondents pursuant to this Court's Order of August 10, 2009. (Atkinson, Theodore) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

64

Letter from Petitioners pursuant to this Court's Order of August 10, 2009. (Rabinovitz, Judy) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

65

SCHEDULING ORDER: Telephone Conference set for 9/9/2009 01:30 PM before Honorable John E. Jones III. Attorney Rabinovitz shall initiate call to chambers (717)221−3986. (eo, ) (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

66

MOTION to Withdraw as Attorney Michael Tan by Elliot Grenade, Alexander Alli.(Rabinovitz, Judy) (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

68

BRIEF IN OPPOSITION re 61 MOTION for Reconsideration re 56 Order on Motion to Withdraw, Order on Motion to Certify Class, Order on Motion for Preliminary Injunction,,, filed by John P. Torres, William Campbell, Janine Donate, Thomas V. Duran, William F. Juracka, Craig A. Lowe, Ruth Rush, Michael Zenk, Jerry C. Martinez, David Ebbert, R Martinez, Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol.(Atkinson, Theodore) (Entered: 09/09/2009)

Sept. 9, 2009

Sept. 9, 2009

69

Consent MOTION to Exceed Page Limitation by John P. Torres, William Campbell, Janine Donate, William F. Juracka, Craig A. Lowe, Ruth Rush, Michael Zenk, Jerry C. Martinez, David Ebbert, R Martinez, Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Proposed Order)(Atkinson, Theodore) (Entered: 09/09/2009)

Sept. 9, 2009

Sept. 9, 2009

70

Amended MOTION to Exceed Page Limitation by John P. Torres, William Campbell, Janine Donate, Thomas V. Duran, William F. Juracka, Craig A. Lowe, Ruth Rush, Michael Zenk, Jerry C. Martinez, David Ebbert, R Martinez, Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Proposed Order)(Atkinson, Theodore) (Entered: 09/10/2009)

Sept. 10, 2009

Sept. 10, 2009

71

ORDER granting 70 Motion for Leave to File Excess Pages. Motion at doc 69 terminated as moot. (eo, ) (Entered: 09/10/2009)

Sept. 10, 2009

Sept. 10, 2009

72

REPLY BRIEF re 61 MOTION for Reconsideration re 56 Order on Motion to Withdraw, Order on Motion to Certify Class, Order on Motion for Preliminary Injunction,,, regarding burden−shifting framework filed by Elliot Grenade, Alexander Alli.(Anello, Farrin) (Entered: 09/15/2009)

Sept. 14, 2009

Sept. 14, 2009

73

ORDER denying 61 Motion for Reconsideration. See order for expedited briefing deadlines. (eo, ) (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

77

Petitioners' Supplemental Submission Regarding the Reasonableness of Their Continued Manatory Detention re 9 Amended Complaint; (Attachments: # 1 Exhibit(s) Unpublished Decision, # 2 Affidavit Declaration of Stanley Ellenberg, # 3 Affidavit Declaration of Robert Palumbos)(kn, ) (Entered: 09/29/2009)

Sept. 25, 2009

Sept. 25, 2009

76

REPLY BRIEF re 61 MOTION for Reconsideration re 56 Order on Motion to Withdraw, Order on Motion to Certify Class, Order on Motion for Preliminary Injunction,,, filed by Elliot Grenade, Alexander Alli. (Attachments: # 1 Unpublished Opinion(s) Unpublished Opinions)(Anello, Farrin) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

DOCKET ANNOTATION: DOCS 74 &75 deleted due to filing error and re−docketed as DOC # 77. (kn, ) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

78

Consent MOTION to Exceed Page Limitation by John P. Torres, William Campbell, Janine Donate, Thomas V. Duran, William F. Juracka, Craig A. Lowe, Ruth Rush, Michael Zenk, Jerry C. Martinez, David Ebbert, R Martinez, Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Proposed Stipulated Order)(Atkinson, Theodore) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

79

RESPONSE TO PETITION FOR HABEAS CORPUS by John P. Torres, William Campbell, Janine Donate, Thomas V. Duran, William F. Juracka, Craig A. Lowe, Ruth Rush, Michael Zenk, Jerry C. Martinez, David Ebbert, R Martinez, Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol by John P. Torres, William Campbell, Janine Donate, Thomas V. Duran, William F. Juracka, Craig A. Lowe, Ruth Rush, Michael Zenk, Jerry C. Martinez, David Ebbert, R Martinez, Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Exhibit(s) 1 − 19)(Atkinson, Theodore) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

80

ORDER granting 78 Motion for Leave to File Excess Pages (eo, ) (Entered: 10/07/2009)

Oct. 7, 2009

Oct. 7, 2009

81

ORDER denying 61 MOTION for Reconsideration re 56 Order on Motion to Withdraw, Order on Motion to Certify Class, Order on Motion for Preliminary Injunction, filed by Elliot Grenade, Alexander Alli (eo, ) (Entered: 10/09/2009)

Oct. 9, 2009

Oct. 9, 2009

82

Consent MOTION to Exceed Page Limitation by Elliot Grenade, Alexander Alli. (Attachments: # 1 Proposed Order)(Anello, Farrin) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

83

REPLY BRIEF re 82 Consent MOTION to Exceed Page Limitation Reply Memorandum re. Reasonableness of Continued Mandatory Detention filed by Elliot Grenade, Alexander Alli. (Attachments: # 1 Unpublished Opinion(s), # 2 Affidavit Supplemental Declaration of Stanley Ellenberg, # 3 Exhibit(s) Alli Exhibits, # 4 Affidavit Supplemental Declaration of Robert Palumbos, # 5 Exhibit(s) Grenade Exhibits)(Anello, Farrin) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

84

ORDER granting 82 Motion for Leave to File Excess Pages (eo, ) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

85

NOTICE by Elliot Grenade, Alexander Alli of Supplemental Authority (Rabinovitz, Judy) (Entered: 11/04/2009)

Nov. 4, 2009

Nov. 4, 2009

86

NOTICE by Elliot Grenade, Alexander Alli of Supplemental Authority (Rabinovitz, Judy) (Entered: 11/18/2009)

Nov. 18, 2009

Nov. 18, 2009

87

Unpublished Decisions by Elliot Grenade, Alexander Alli. 86 Notice. (Rabinovitz, Judy) (Entered: 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

88

SCHEDULING ORDER: Bond Hearings are set for 2/10/2010 10:00 AM in Harrisburg − Courtroom 1 before Honorable John E. Jones III. See order for details. (eo, ) (Entered: 01/26/2010)

Jan. 26, 2010

Jan. 26, 2010

89

Praecipe Proposed Writ of Habeas Corpus Ad Testificandum. (Rabinovitz, Judy) (Entered: 02/03/2010)

Feb. 3, 2010

Feb. 3, 2010

90

Writ of Habeas Corpus ad Testificandum Issued as to Elliot Grenade for 2/10/10 at 10:00 a.m. in Courtoroom #1. (3 cc's to USM) (eo, ) (Entered: 02/04/2010)

Feb. 4, 2010

Feb. 4, 2010

91

MOTION for Reconsideration re 88 Scheduling Order by John P. Torres, William Campbell, Janine Donate, Thomas V. Duran, William F. Juracka, Craig A. Lowe, Ruth Rush, Michael Zenk, Jerry C. Martinez, David Ebbert, R Martinez, Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Exhibit(s) (Exhibits 1 − 3))(Atkinson, Theodore) (Entered: 02/04/2010)

Feb. 4, 2010

Feb. 4, 2010

92

SCHEDULING ORDER:Bond Hearing reset for 2/17/2010 09:30 AM in Harrisburg − Courtroom 1 before Honorable John E. Jones III. (eo, ) (Entered:

Feb. 9, 2010

Feb. 9, 2010

94

Writ of Habeas Corpus ad Testificandum Issued as to Elliot Grenade for 2/17, 2010 at 9:30 a.m. Courtroom #1 (3 cc's to USM) (eo, ) (Entered: 02/12/2010)

Feb. 12, 2010

Feb. 12, 2010

95

Letter from Petitioner requesting permission for witnesses to testify by telephone . (Anello, Farrin) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

96

BRIEF IN OPPOSITION re 91 MOTION for Reconsideration re 88 Scheduling Order MOTION for Reconsideration re 88 Scheduling Order filed by Elliot Grenade, Alexander Alli. (Attachments: # 1 Unpublished Opinion(s) 11/9/2009 Occelin v. District Director for ICE)(Rabinovitz, Judy) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

97

Supplement by Elliot Grenade, Alexander Alli. to 96 Brief in Opposition, Unpublished Opinion Nunez−Pimentel v. DHS . (Attachments: # 1 Unpublished Opinion(s) Victor v. Mukasey, # 2 Unpublished Opinion(s) Sulayao v. Shanahan)(Rabinovitz, Judy) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

99

COURT REPORTER NOTES OF PROCEEDINGS filed by L. Shuey of stipulation before Judge Jones on 2/17/10. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Jones on 2/17/10. By s/ L. Shuey. (Court Reporter Notes are viewable by court staff only). (ctrep1, ) (Entered: 02/17/2010)

Feb. 17, 2010

Feb. 17, 2010

100

ORDER denying 91 Motion for Reconsideration. See order and transcript for stipulaion. Respondent's status report due by 3/15/2010. (eo, ) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

101

SCHEDULING ORDER: A Telephone Status Conference set for 3/15/2010 at 02:00 PM before Honorable John E. Jones III. Counsel for the Petitioner shall initiate the call.Signed by Honorable John E. Jones, III on 3/12/10. (pw, ) (Entered: 03/12/2010)

March 12, 2010

March 12, 2010

102

SCHEDULING ORDER: Telephone Status Conference set for 3/25/2010 11:00 AM before Honorable John E. Jones III. (eo, ) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

104

Letter from Petitioners and Respondents Requesting to Reschedule Telephonic Status Conference . (Rabinovitz, Judy) (Entered: 03/25/2010)

March 25, 2010

March 25, 2010

105

SCHEDULING ORDER: The telephonic status conference scheduled for 3/25/10 at 11:00 a.m. is CANCELLED. A Telephone Status Conference is re−set for 4/5/2010 at 01:30 PM beore Honorable John E. Jones III. Counsel for petitioner shall initiate the call.Signed by Honorable John E. Jones, III on 3/25/10. (pw, ) (Entered: 03/25/2010)

March 25, 2010

March 25, 2010

Case Details

State / Territory: Pennsylvania

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 15, 2009

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

two immigrants, both longtime lawful permanent residents of the United States, who were detained in Pennsylvania prisons for periods exceeding six months while they pursue challenges to pending removal proceedings

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

U.S. Department of Homeland Security, Federal

U.S. Department of Justice, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Declaratory Judgment Act, 28 U.S.C. § 2201

All Writs Act, 28 U.S.C. § 1651

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Immigration/Border:

Constitutional rights

Deportation - judicial review

Detention - procedures