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Case Name Gonzalez-Garcia v. Sessions IM-MA-0016
Docket / Court 1:18-cv-11340-GAO ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Immigration and/or the Border
Attorney Organization ACLU Chapters (any)
Case Summary
On June 27, 2018, a refugee from Guatemala filed this lawsuit on behalf of herself and her daughter in the United States District Court for the District of Massachusetts against the Attorney General of the United States and officers and executives of the Department of Homeland Security, the ... read more >
On June 27, 2018, a refugee from Guatemala filed this lawsuit on behalf of herself and her daughter in the United States District Court for the District of Massachusetts against the Attorney General of the United States and officers and executives of the Department of Homeland Security, the Department of Health and Human Services, and Immigration and Customs Enforcement under the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.) and the Declaratory Judgment Act (22 U.S.C. § 2201). Represented by the ACLU of Massachusetts and private counsel, the plaintiff sought injunctive and declaratory relief, along with attorney’s fees. The plaintiff alleged that she and her daughter had been separated upon their entry to the United States in violation of their Fifth Amendment substantive and procedural due process rights and their equal protection rights. Additionally, the plaintiff alleged that the Office of Refugee Resettlement’s family reunification requirements violated the Administrative Procedure Act, and that the Department of Health and Human Services had violated the Flores Settlement’s requirements regarding immigrant detention. See Flores v. Reno. Finally, the plaintiff filed petitions for mandamus and habeas relief for the defendants to release her daughter.

The plaintiff brought the case in Massachusetts, where she was domiciled as she awaited her asylum hearing, while her daughter was kept in a shelter in Texas. The case was assigned to Judge George A. O’Toole.

The following day, the plaintiff filed an emergency motion for a temporary restraining order for immediate injunctive relief, asking the court to order the release of the daughter. A copy of the motion was promptly sent to the defendants, who were ordered to respond by July 2, 2018. The defendants requested, and were granted, an extension until July 6. Rather than take advantage of the extension, the defendants decided to release her daughter. The plaintiff voluntarily dismissed the case on July 5, 2018 after she and her daughter were reunited. The case is now closed.

Elizabeth Helpling - 10/29/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Discrimination-basis
Immigration status
General
Family reunification
Habeas Corpus
Juveniles
Placement in shelters
Youth / Adult separation
Immigration/Border
Constitutional rights
Detention - criteria
Refugees
Plaintiff Type
Private Plaintiff
Special Case Type
Habeas
Type of Facility
Government-run
Non-government non-profit
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Ex parte Young (federal or state officials)
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Mandamus, 28 U.S.C. § 1361
Defendant(s) Attorney General of the United States
Office of Refugee Resettlement
Southwest Key Programs
U.S. Customs and Border Protection
U.S. Immigration and Customs Enforcement
Plaintiff Description Asylum-seeker from Guatemala who fled to Arizona with her seven-year-old daughter, who was then separated from her and detained for a prolonged period despite repeated pleas for reunification.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Reunification occurred; case voluntarily dismissed
Source of Relief None
Filed 06/27/2018
Case Closing Year 2018
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
1:18-cv-11340 (D. Mass.)
IM-MA-0016-9000.pdf | Detail
Date: 07/05/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-MA-0016-0001.pdf | Detail
Date: 06/27/2018
Source: PACER [Public Access to Court Electronic Records]
Emergency Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 2]
IM-MA-0016-0002.pdf | Detail
Date: 06/27/2018
Source: PACER [Public Access to Court Electronic Records]
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Judges O'Toole, George A. Jr. (D. Mass.) show/hide docs
IM-MA-0016-9000
Plaintiff's Lawyers Church, Susan (Massachusetts) show/hide docs
IM-MA-0016-0001 | IM-MA-0016-0002 | IM-MA-0016-9000
Lafaille, Adriana (Massachusetts) show/hide docs
IM-MA-0016-0001 | IM-MA-0016-0002
Lippman, Julia A.C. (Massachusetts) show/hide docs
IM-MA-0016-0001 | IM-MA-0016-0002
Rauseo-Ricupero, Ronaldo (Massachusetts) show/hide docs
IM-MA-0016-0001 | IM-MA-0016-0002 | IM-MA-0016-9000
Segal, Matthew (Massachusetts) show/hide docs
IM-MA-0016-0001 | IM-MA-0016-0002
Yountz, Heather (Massachusetts) show/hide docs
IM-MA-0016-0001 | IM-MA-0016-0002 | IM-MA-0016-9000
Defendant's Lawyers Farquhar, Rayford A. (Massachusetts) show/hide docs
IM-MA-0016-9000
Piemonte-Stacy, Eve (Massachusetts) show/hide docs
IM-MA-0016-9000

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