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Case Name Brizuela v. Feliciano IM-CT-0009
Docket / Court 3:12-cv-00226-JBA ( D. Conn. )
State/Territory Connecticut
Case Type(s) Immigration and/or the Border
Special Collection Post-PLRA enforceable consent decrees
Post-PLRA Jail and Prison Private Settlement Agreements
Attorney Organization Jerome N. Frank Legal Services Organization (Yale)
Case Summary
On February 13, 2012, the plaintiff filed a petition for writ of habeas corpus in this §1983 class habeas action against the Connecticut Department of Corrections. The petition was filed in the U.S. District Court for the District of Connecticut and assigned to Judge Janet Bond Arteton. The ... read more >
On February 13, 2012, the plaintiff filed a petition for writ of habeas corpus in this §1983 class habeas action against the Connecticut Department of Corrections. The petition was filed in the U.S. District Court for the District of Connecticut and assigned to Judge Janet Bond Arteton. The plaintiffs were detainees in Connecticut Department of Corrections (CDOC) facilities who, after the expiration of the state-law basis of their detention, remained in state custody solely due to an administrative "immigration detainer" placed by the U.S. Immigration and Customs Enforcement (ICE). Represented by the Jerome N. Frank Legal Services Organization at Yale Law School, the plaintiffs sought a writ of habeas corpus requiring the state to release them, an injunction against detaining future individuals based solely on an immigration detainer, and declaratory judgment invalidating such detention.

Detainers issued by ICE request state and local law enforcement officials to hold individuals in custody, without any basis in state law, for up to 48 hours, pursuant to 8 C.F.R. §287.7. The named plaintiff's state-based detention ended on February 10, 2012; he filed the petition on February 13, 2012 when his subsequent detention continued for more than 48 hours. On the same day, the plaintiff requested class certification of detainees similarly situated in CDOC facilities. Claiming they were detained without probable cause hearings,and that the detainer is an invalid commandeering of state officials, the plaintiff alleged violation of Fourth Amendment rights against unreasonable seizure. Additionally, the plaintiff asserted that Fourteenth Amendment substantive and procedural due process rights were violated because the state lacked a compelling interest to continue detention.

On February 19, 2013, the parties entered a proposed settlement agreement based on the newly enacted state regulations. The settlement agreement states that if an ICE immigration detainer is placed on a detainee, he or she will be notified by the CDOC as soon as practicable. If the detainee's state-based detention has expired and the detainee does not have a prior order of removal or meet certain "dangerousness criteria" set forth in the statute, the detainee shall not be held. The statute allowed for only rare occasions where CDOC could use its discretion to continue detention. The court approved the settlement agreement on March 5, 2013.

The settlement agreement was set to expire on February 2, 2017. On February 2, 2017, the parties jointly moved to extend the termination date of the settlement agreement from February 2, 2017 to February 2, 2018. The court ordered the modification of the settlement agreement to reflect the extension that day, and the settlement agreement remained otherwise unchanged. On January 19, 2018, the parties moved to extend the settlement agreement for another year, and on January 26, 2018, the court modified the agreement with a new termination date of February 2, 2019.

Dan Osher - 03/09/2013
Sarah McDonald - 08/13/2018

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Issues and Causes of Action
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Constitutional Clause
Due Process
Content of Injunction
Implement complaint/dispute resolution process
Required disclosure
Habeas Corpus
Over/Unlawful Detention
Placement in detention facilities
Constitutional rights
Detention - criteria
Detention - procedures
Plaintiff Type
Private Plaintiff
Special Case Type
Type of Facility
Causes of Action 42 U.S.C. § 1983
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) Connecticut Department of Corrections
Plaintiff Description Those who have been (and are currently being) held in a Connecticut Department of Corrections facility based solely on an ICE "immigration detainer" for more than 48 hours.
Indexed Lawyer Organizations Jerome N. Frank Legal Services Organization (Yale)
Class action status sought Yes
Class action status granted Moot
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Private Settlement Agreement
Conditional Dismissal
Order Duration 2013 - 2019
Filing Year 2012
Case Ongoing Yes
3:12-cv-226 (D. Conn.)
IM-CT-0009-9000.pdf | Detail
Date: 01/26/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-CT-0009-0001.pdf | Detail
Date: 02/13/2012
Source: Papers of Margo Schlanger
Order of Administrative Dismissal [ECF# 23] (D. Conn.)
IM-CT-0009-0003.pdf | Detail
Date: 08/06/2012
Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement and Stipulation of Dismissal upon Termination of Agreement [ECF# 25]
IM-CT-0009-0002.pdf | Detail
Date: 02/08/2013
Source: Papers of Margo Schlanger
Settlement Agreement Signed Order [ECF# 27] (D. Conn.)
IM-CT-0009-0004.pdf | Detail
Date: 03/01/2013
Source: PACER [Public Access to Court Electronic Records]
Judges Arterton, Janet Bond (D. Conn.)
IM-CT-0009-0003 | IM-CT-0009-0004 | IM-CT-0009-9000
Plaintiff's Lawyers Ahmad, Muneer I. (Connecticut)
IM-CT-0009-0001 | IM-CT-0009-0002 | IM-CT-0009-9000
Lai, Anne (Connecticut)
IM-CT-0009-0002 | IM-CT-0009-9000
Wishnie, Michael J. (Connecticut)
IM-CT-0009-0001 | IM-CT-0009-0002 | IM-CT-0009-9000
Defendant's Lawyers Dearington, Robert S (Connecticut)
IM-CT-0009-0002 | IM-CT-0009-9000
O'Neill, Terrance M. (Connecticut)
IM-CT-0009-0002 | IM-CT-0009-9000
Strom, Steven R. (Connecticut)
IM-CT-0009-0002 | IM-CT-0009-9000

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