Case: Abadia-Peixoto v. DHS

3:11-cv-04001 | U.S. District Court for the Northern District of California

Filed Date: Aug. 15, 2011

Closed Date: April 10, 2017

Clearinghouse coding complete

Case Summary

On August 15, 2011, civil immigration detainees filed this lawsuit in the U.S. District Court for Northern District of California. The plaintiffs filed under the Declaratory Judgment Act and 42 U.S.C. § 1983, against the Immigration and Customs Enforcement ("ICE") and the Executive Office of Immigration Review ("EOIR") for violating the Due Process Clause. Plaintiffs, represented by attorneys at the American Civil Liberties Union of Northern California (ACLU), the Lawyers Committee for Civil Rights of the San Francisco Bay Area, and private counsel, challenged ICE's blanket policy of shackling all adult detainees for the duration of immigration court proceedings in San Francisco. They claimed the policy violated the Fifth Amendment and sought class certification and declaratory and injunctive relief.

According to the complaint, ICE adopted a practice of shackling all immigration detainees in its custody, in court, without conducting an individualized review of the need for restraints. The complaint further noted that during master calendar hearings, immigration detainees are often chained to each another in a “daisy chain.” The plaintiffs alleged that the restraints caused physical and emotional pain and discomfort and also impaired their ability to participate fully in their immigration proceedings. When “daisy-chained,” the attorney-client relationship could be impaired because plaintiffs were forced to choose between disclosing personal facts within hearing distance of other detainees or withholding information from counsel that could be critical to their case.

On December 23, 2011, the District Court (Judge Richard Seeborg) granted plaintiffs' motion for class certification and denied defendants' motion for summary judgment. De Abadia-Peixoto v. DHS, 277 F.R.D. 572 (N.D. Cal. 2011). The court certified the class as “all current and future adult immigration detainees who have or will have proceedings in immigration court in San Francisco.” The court rejected the defendants' argument that the plaintiffs' claims were not ripe, holding that "while the plaintiffs' particular hearings may not yet have occurred, they have sufficiently alleged facts showing a concrete threat of imminent conduct presenting a ripe controversy that can be adjudicated." The court also rejected the defendants' argument that the claims were foreclosed by the Ninth Circuit's decision in United States v. Howard, 480 F.3d 1005 (9th Cir. 2007), which held that a different shackling policy was legal. The court found that Howard did not stand for the rule that blanket shackling is always allowed if no jury is present. In the same order, the court denied the motion of the Asian Law Caucus, Centro Legal De La Raza, and Dolores Street Community Services for leave to file an amicus curiae brief in support of opposition to the motion to dismiss. The court found that as the motion to dismiss presented purely legal issues, proposed amici’s perspectives were not especially relevant at this stage of the proceedings.

On March 20, 2012, the case was referred to Magistrate Judge Laurel Beeler for settlement. While settlement conferences proceeded with Magistrate Judge Beeler, the case was also referred to Magistrate Judge Kandis A. Westmore for discovery, who ruled on a number of discovery disputes throughout 2012 and 2013. In late December 2013, the parties moved for preliminary approval of a settlement agreement, and on January 23, 2014, Judge Seeborg preliminarily approved the settlement. After a fairness hearing, Judge Seeborg approved the settlement agreement on April 10, 2014. The agreement stipulated that the defendants would no longer restrain all detainees and instead only shackle those who demonstrated “combative, disruptive, violent, or threatening” behavior. Detainees who were restrained would also be allowed to request that the restraints be removed or lessened. The defendants agreed to monitor their officers to ensure that these terms would be followed. Finally, the defendants agreed to pay $350,000 in attorneys’ fees. On April 10, 2014, the court approved the settlement agreement and dismissed the case but retained jurisdiction to enforce the settlement agreement for three years.

The court's jurisdiction to enforce the settlement agreement has lapsed, and there has been no activity on the case's docket since this agreement was accepted. Therefore, this case is closed.

	Document
3:11-cv-04001	Docket [PACER] De Abadia−Peixoto v. DHS	April 10, 2014	April 10, 2014 Docket
1 3:11-cv-04001	Class Action (Civil Rights) Complaint De Abadia-Peixoto v. Napolitano	Aug. 15, 2011	Aug. 15, 2011 Complaint
52 3:11-cv-04001	Order Denying Motion to Dismiss and Granting Motion to Certify Class De Abadia-Peixoto v. DHS	Dec. 23, 2011	Dec. 23, 2011 Order/Opinion 277 F.R.D. 277
203-3 3:11-cv-04001	Settlement Agreement	Dec. 19, 2013	Dec. 19, 2013 Settlement Agreement
209 3:11-cv-04001	Plaintiffs' Unopposed Notice of Motion, Motion, and Memorandum of Points and Authorities in Support of Final Approval of Class Action Settlement	March 6, 2014	March 6, 2014 Pleading / Motion / Brief
209-1 3:11-cv-04001	Final Order and Stipulated Dismissal	April 10, 2014	April 10, 2014 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	CLASS ACTION COMPLAINT against Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement ( Filing fee $ 350, receipt number 34611063458.). Filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Mi Lian Wei, Pedro Nolasco Jose. (Attachments: # 1 Civil Cover Sheet)(vlk, COURT STAFF) (Filed on 8/15/2011) (Additional attachment(s) added on 8/18/2011: # 1 Civil Cover Sheet) (vlk, COURT STAFF). (Entered: 08/17/2011) 1 Civil Cover Sheet View on PACER	Aug. 15, 2011	Aug. 15, 2011 Clearinghouse
2	Summons Issued as to Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General (vlk, COURT STAFF) (Filed on 8/15/2011) (Entered: 08/17/2011)	Aug. 15, 2011	Aug. 15, 2011 PACER
3	ADR SCHEDULING ORDER: Case Management Statement due by 11/23/2011. Case Management Conference set for 11/30/2011 01:30 PM. (Attachments: # 1 Standing Order)(vlk, COURT STAFF) (Filed on 8/15/2011) (Entered: 08/17/2011) 1 Standing Order View on PACER	Aug. 15, 2011	Aug. 15, 2011 PACER
4	Summons Returned Unexecuted by Esmar Cifuentes, Uelian De Abadia-Peixoto, Mi Lian Wei, Pedro Nolasco Jose as to Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Pratt, Analisa) (Filed on 8/17/2011) (Entered: 08/17/2011)	Aug. 17, 2011	Aug. 17, 2011 PACER
5	MOTION to Certify Class filed by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. Motion Hearing set for 10/27/2011 11:00 AM before Magistrate Judge Donna M. Ryu. Responses due by 8/31/2011. Replies due by 9/7/2011. (Attachments: # 1 Proposed Order)(vlk, COURT STAFF) (Filed on 8/17/2011) Modified on 10/14/2011 (gba, COURT STAFF). (Entered: 08/18/2011) 1 Proposed Order View on PACER	Aug. 17, 2011	Aug. 17, 2011 PACER
6	MEMORANDUM in Support re 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011)	Aug. 17, 2011	Aug. 17, 2011 PACER
7	Declaration of Paul R. Chavez in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011)	Aug. 17, 2011	Aug. 17, 2011 PACER
8	Declaration of Julia Harumi Mass in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011)	Aug. 17, 2011	Aug. 17, 2011 PACER
9	Declaration of Mi Lian Lei in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011)	Aug. 17, 2011	Aug. 17, 2011 PACER
10	Declaration of Pedro Nolasco Jose in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011)	Aug. 17, 2011	Aug. 17, 2011 PACER
11	Declaration of Uelian De Abadia-Peixoto in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011)	Aug. 17, 2011	Aug. 17, 2011 PACER
12	Declaration of Esmar Cifuentes in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011)	Aug. 17, 2011	Aug. 17, 2011 PACER
13	Declaration of Savith S. Iyengar in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER	Aug. 17, 2011	Aug. 17, 2011 PACER
14	Declaration of David J. Berger in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Attachments: # 1 Exhibit 1)(Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) Modified on 8/22/2011 (vlk, COURT STAFF). (Entered: 08/18/2011) 1 Exhibit 1 View on PACER	Aug. 17, 2011	Aug. 17, 2011 PACER
15	Summons Issued as to Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (vlk, COURT STAFF) (Filed on 8/18/2011) (Entered: 08/18/2011)	Aug. 18, 2011	Aug. 18, 2011 PACER
16	CLERK'S NOTICE TO PLAINTIFFS re: Consent or Declination to Proceed before a U.S. Magistrate Judge (ig, COURT STAFF) (Filed on 8/18/2011) (Entered: 08/19/2011)	Aug. 18, 2011	Aug. 18, 2011 PACER
17	CERTIFICATE OF SERVICE by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei (Pratt, Analisa) (Filed on 8/19/2011) (Entered: 08/19/2011)	Aug. 19, 2011	Aug. 19, 2011 PACER
18	NOTICE of Appearance by Theodore W Atkinson (Atkinson, Theodore) (Filed on 8/25/2011) (Entered: 08/25/2011)	Aug. 25, 2011	Aug. 25, 2011 PACER
19	NOTICE of Appearance by Jeffrey Michael Bauer (Bauer, Jeffrey) (Filed on 8/25/2011) (Entered: 08/25/2011)	Aug. 25, 2011	Aug. 25, 2011 PACER
20	CONSENT to Proceed Before a US Magistrate Judge by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei.. (Berger, David) (Filed on 8/25/2011) (Entered: 08/25/2011)	Aug. 25, 2011	Aug. 25, 2011 PACER
21	CLERK'S NOTICE TO DEFENDANTS re: Consent or Declination to proceed before a U.S. Magistrate Judge (ig, COURT STAFF) (Filed on 9/1/2011) (Entered: 09/01/2011)	Sept. 1, 2011	Sept. 1, 2011 PACER
22	Declination to Proceed Before a U.S. Magistrate Judge by Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Bauer, Jeffrey) (Filed on 9/8/2011) (Entered: 09/08/2011)	Sept. 8, 2011	Sept. 8, 2011 PACER
23	MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification and To Extend the Date for the Hearing on the Motion filed by Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration, # 2 Proposed Order)(Bauer, Jeffrey) (Filed on 9/8/2011) (Entered: 09/08/2011) 1 Declaration View on PACER 2 Proposed Order View on PACER	Sept. 8, 2011	Sept. 8, 2011 PACER
24	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ig, COURT STAFF) (Filed on 9/8/2011) (Entered: 09/09/2011)	Sept. 8, 2011	Sept. 8, 2011 PACER
25	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Richard Seeborg for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by Judge the Executive Committee on September 12, 2011. (cjl, COURT STAFF) (Filed on 9/12/2011) (Entered: 09/12/2011)	Sept. 12, 2011	Sept. 12, 2011 PACER
26	CLERKS NOTICE SCHEDULING A CASE MANAGEMENT CONFERENCE. Case Management Conference set for 12/1/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (cl, COURT STAFF) (Filed on 9/12/2011) (Entered: 09/12/2011)	Sept. 12, 2011	Sept. 12, 2011 PACER
27	RESPONSE (re 23 MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification and To Extend the Date for the Hearing on the Motion ) filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Berger, David) (Filed on 9/12/2011) (Entered: 09/12/2011)	Sept. 12, 2011	Sept. 12, 2011 PACER
28	Declaration of David J. Berger in Support of 27 Opposition/Response to Motion, filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Related document(s) 27 ) (Berger, David) (Filed on 9/12/2011) (Entered: 09/12/2011) 1 Exhibit Exhibit A View on PACER 2 Exhibit Exhibit B View on PACER 3 Exhibit Exhibit C View on PACER 4 Exhibit Exhibit D View on PACER	Sept. 12, 2011	Sept. 12, 2011 PACER
29	ORDER RE SCHEDULING. Signed by Judge Richard Seeborg on 9/12/11. (cl, COURT STAFF) (Filed on 9/12/2011) (Entered: 09/12/2011)	Sept. 12, 2011	Sept. 12, 2011 RECAP
30	STIPULATION and [Proposed] Order Setting Briefing Schedule for Plaintiffs' Motion for Class Certification and Defendants' Motion to Dismiss by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Berger, David) (Filed on 9/27/2011) (Entered: 09/27/2011)	Sept. 27, 2011	Sept. 27, 2011 PACER
31	STIPULATION AND ORDER RE 30 SETTING BRIEFING SCHEDULE FOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND DEFENDANTS' MOTION TO DISMISS Stipulation, filed by Uelian De Abadia-Peixoto, Esmar Cifuentes, Mi Lian Wei, Pedro Nolasco Jose Signed by Judge Richard Seeborg on 9/27/11. (cl, COURT STAFF) (Filed on 9/27/2011) (Entered: 09/27/2011)	Sept. 27, 2011	Sept. 27, 2011 RECAP
32	NOTICE of Appearance by Erez R Reuveni (Reuveni, Erez) (Filed on 10/11/2011) (Entered: 10/11/2011)	Oct. 11, 2011	Oct. 11, 2011 PACER
33	MOTION to Dismiss filed by Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Motion Hearing set for 11/17/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 11/1/2011. Replies due by 11/10/2011. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Reuveni, Erez) (Filed on 10/11/2011) (Entered: 10/11/2011) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Proposed Order View on PACER	Oct. 11, 2011	Oct. 11, 2011 PACER
34	RESPONSE (re 5 MOTION to Certify Class ) filed byTimothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Jeffrey M. Bauer, # 2 Exhibit A to Bauer Decl., # 3 Exhibit B to Bauer Decl., # 4 Exhibit C to Bauer Decl., # 5 Proposed Order)(Bauer, Jeffrey) (Filed on 10/14/2011) (Entered: 10/14/2011) 1 Declaration of Jeffrey M. Bauer View on PACER 2 Exhibit A to Bauer Decl. View on PACER 3 Exhibit B to Bauer Decl. View on PACER 4 Exhibit C to Bauer Decl. View on PACER 5 Proposed Order View on PACER	Oct. 14, 2011	Oct. 14, 2011 PACER
35	REPLY (re 5 MOTION to Certify Class ) filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Berger, David) (Filed on 10/24/2011) (Entered: 10/24/2011)	Oct. 24, 2011	Oct. 24, 2011 PACER
36	Declaration of Savith S. Iyengar in Support of 35 Reply to Opposition/Response filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Attachments: # 1 Exhibit A)(Related document(s) 35 ) (Berger, David) (Filed on 10/24/2011) (Entered: 10/24/2011) 1 Exhibit A View on PACER	Oct. 24, 2011	Oct. 24, 2011 PACER
37	MOTION for Leave to File BRIEF OF AMICUS CURIAE filed by The Asian Law Caucus, Centro Legal De La Raza, Dolores Street Community Services. (Attachments: # 1 Proposed Order Proposed Order)(Slenkovich, Keith) (Entered: 11/01/2011) 1 Proposed Order Proposed Order View on PACER	Nov. 1, 2011	Nov. 1, 2011 RECAP
38	Brief re 37 MOTION for Leave to File BRIEF OF AMICUS CURIAE IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS filed byCentro Legal De La Raza, Dolores Street Community Services, The Asian Law Caucus. (Related document(s) 37 ) (Slenkovich, Keith) (Filed on 11/1/2011) (Entered: 11/01/2011)	Nov. 1, 2011	Nov. 1, 2011 RECAP
39	Request for Judicial Notice In Support of 40 Plaintiffs' Opposition to Defendants' Motion to Dismiss filed by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Mass, Julia) (Filed on 11/1/2011) Modified on 11/2/2011 (gba, COURT STAFF). (Entered: 11/01/2011) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER	Nov. 1, 2011	Nov. 1, 2011 PACER
40	RESPONSE (re 33 MOTION to Dismiss ) Opposition to Defendants' Motion to Dismiss filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Mass, Julia) (Filed on 11/1/2011) (Entered: 11/01/2011)	Nov. 1, 2011	Nov. 1, 2011 PACER

Case: Abadia-Peixoto v. DHS

3:11-cv-04001 | U.S. District Court for the Northern District of California

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