University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Castillo v. Nielsen IM-CA-0138
Docket / Court 5:18-cv-01317-ODW-MAA ( C.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Prison Conditions
Attorney Organization ACLU of Southern California
Case Summary
On June 19, 2018, Immigrant Defenders Law Center (IDLC) and private plaintiffs filed a lawsuit against the Department of Homeland Security in the U.S. District Court for the Central District of California. The plaintiffs sued to challenge the policies related to immigrant detainees held at FCI ... read more >
On June 19, 2018, Immigrant Defenders Law Center (IDLC) and private plaintiffs filed a lawsuit against the Department of Homeland Security in the U.S. District Court for the Central District of California. The plaintiffs sued to challenge the policies related to immigrant detainees held at FCI Victorville Medium Security Prison. They alleged that the detainees were denied the ability to visit, consult with, or contact an attorney since their incarceration at the prison. The plaintiffs, represented by ACLU and private counsel, sought a Temporary Restraining Order (TRO) to allow plaintiffs to consult with attorneys and attend “know your rights” trainings. The complaint alleged violations of the INA 8 U.S.C. 1229a(b)(4)(A), the APA 5 U.S.C. 706(2)(A), and Fifth Amendment's Due Process clause, and the First Amendment.

District Judge Otis Wright granted the plaintiffs a TRO on June 21, 2018 and extended the TRO multiple times in August 2018. The TRO required the defendants to permit detainees to communicate with immigration attorneys, to conduct “know your rights” trainings for the detainees, and to halt any proceedings until the detainees have had an opportunity to consult with an attorney or attend such a training.

On August 28, Judge Wright extended the TRO again pending determination of whether a preliminary injunction should be issued. On October 16, 2018, the plaintiffs withdraw their Motion for Preliminary Injunction and the court asked the parties to file a joint report explaining why this case should not be dismissed. On December 21, 2018, the parties filed a sealed joint report and there has been no further docket activity as of February 10, 2019.

Sichun Liu - 02/10/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Freedom of speech/association
Content of Injunction
Preliminary relief granted
Training
General
Access to lawyers or judicial system
Counseling
Failure to train
Immigration/Border
Immigration lawyers
Plaintiff Type
Private Plaintiff
Special Case Type
Habeas
Type of Facility
Government-run
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.
Defendant(s) Department of Homeland Security
Plaintiff Description Immigrant detainees held at FCI Victorville Medium Security Prison
Indexed Lawyer Organizations ACLU of Southern California
Class action status sought No
Class action status granted Moot
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Filing Year 2018
Case Ongoing Yes
Additional Resources
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  ACLU website on Castillo v. Nielsen
Date: Mar. 13, 2019
(ACLU Southern California)
[ Detail ] [ External Link ]

Docket(s)
5:18-cv-01317-ODW-KES (C.D. Cal.)
IM-CA-0138-9000.pdf | Detail
Date: 12/21/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
IM-CA-0138-0002.pdf | Detail
Date: 06/19/2018
Source: ACLU
Temporary Restraining Order and Order to Show Cause [ECF# 10] (C.D. Cal.)
IM-CA-0138-0001.pdf | Detail
Date: 06/21/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Wright, Otis D. II (C.D. Cal.) show/hide docs
IM-CA-0138-0001 | IM-CA-0138-9000
Plaintiff's Lawyers Arulanantham, Ahilan T (California) show/hide docs
IM-CA-0138-9000
Bitran, Eva Lucia (California) show/hide docs
IM-CA-0138-9000
Havens, Cassandra Eva (California) show/hide docs
IM-CA-0138-9000
Kaufman, Michael Bryan (California) show/hide docs
IM-CA-0138-0002 | IM-CA-0138-9000
Tsitsushvili, Jaba (- United States (national) -) show/hide docs
IM-CA-0138-9000
Ulin, John C. (California) show/hide docs
IM-CA-0138-9000
Defendant's Lawyers Pinchas, David E (California) show/hide docs
IM-CA-0138-9000
Wilson, Geoffrey Daniel (California) show/hide docs
IM-CA-0138-9000

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