On June 19, 2018, Immigrant Defenders Law Center (IDLC) and private plaintiffs filed this lawsuit against the Department of Homeland Security in the U.S. District Court for the Central District of California. The plaintiffs sued to challenge policies relating to immigrant detainees held at the FCI Victorville Medium Security Prison. They alleged that the detainees had been denied the ability to visit, consult with, or contact an attorney since their incarceration at the prison. The plaintiffs, represented by the ACLU and private counsel, sought a writ of habeas corpus, as well as declaratory and injunctive relief. The complaint alleged violations of the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA), the Fifth Amendment's Due Process clause, and the First Amendment. The plaintiffs also requested a Temporary Restraining Order (TRO) to allow detainees to consult with attorneys and attend “know your rights” trainings. The case was assigned to Judge Otis Wright.

Judge Wright granted the plaintiffs' request for a TRO on June 21, 2018, finding that the plaintiffs would suffer irreparable harm if injunctive relief were not granted. 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 had an opportunity to consult with an attorney or attend such a training. Judge Wright also ordered the defendants to show cause why the court should not issue a preliminary injunction. Judge Wright extended the TRO multiple times in August 2018.

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 withdrew their request for a preliminary injunction. On December 14, the court asked the parties to file a joint report explaining why this case should not be dismissed since neither party had taken subsequent steps to prosecute the matter. The parties subsequently filed a sealed joint status report.

On October 30, 2019, the plaintiffs filed a stipulation to dismiss the case. On November 21, they filed a motion for attorneys fees.

On December 2, 2019, Judge Wright ordered the case dismissed without prejudice to the plaintiffs' right to seek attorneys fees under the Equal Access to Justice Act.

On January 6, 2020, the plaintiffs filed a supplement to their motion for attorneys fees.

The case remains open to resolve attorneys fees.

Sichun Liu - 02/10/2019
Sam Kulhanek - 04/19/2020


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