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Case Name Heredia Mons v.McAleenan IM-DC-0071
Docket / Court 1:19-cv-01593 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration and/or the Border
Special Collection COVID-19 (novel coronavirus)
Attorney Organization ACLU Affiliates (any)
Southern Poverty Law Center
Case Summary
COVID-19 Summary: A class of asylum seekers detained by the New Orleans ICE Field Office filed an emergency motion for a preliminary injunction, requesting that defendants be compelled to conduct individual parole reviews for every detainee and to consider the risk of COVID-19 to them in ... read more >
COVID-19 Summary: A class of asylum seekers detained by the New Orleans ICE Field Office filed an emergency motion for a preliminary injunction, requesting that defendants be compelled to conduct individual parole reviews for every detainee and to consider the risk of COVID-19 to them in determining their eligibility for parole. On April 21, 2020, the court denied the motion for preliminary injunction.


On May 30, 2019, asylum seekers detained under the jurisdiction of the New Orleans ICE Field Office filed this class action lawsuit under the Administrative Procedure Act and 28 U.S.C.§§ 1361 and 1651 against the Acting Secretary of the Department of Homeland Security (DHS); the Acting Director of ICE; the Acting Executive Associate Director ICE Enforcement and Removal Operations; and the Acting Director of the New Orleans ICE Field Office. Represented by the ACLU of Louisiana and Southern Poverty Law Center, the plaintiffs argued that DHS has ignored a 2009 Parole Directive, denying parole to more than 98% of arriving asylum seekers. The plaintiffs also argued that the New Orleans ICE Field Office conducted sham parole reviews and blanket denials of parole, violating their Due Process rights under the Fifth Amendment. The plaintiffs sought declaratory and injunctive relief preventing the defendants from detaining the plaintiffs without individualized parole reviews that determined the risk of flight or danger to the community. The plaintiffs' proposed class was "all arriving asylum seekers who receive positive credible fear determinations; and who are or will be detained by U.S. Immigration and Customs Enforcement; after having been denied parole by the New Orleans ICE Field Office."

On May 30, 2019, the case was related to Damus v. Neilsen. here.

On June 28, 2019, the plaintiffs moved to certify class, proposing that the class be defined as: "(1) all arriving asylum seekers (2) who are found to have a credible fear of persecution or torture and (3) who are or will be detained by U.S. Immigration and Customers Enforcement; (4) after having been denied parole under the authority of the New Orleans ICE Field Office."

On July 18, 2019, plaintiffs moved for a preliminary injunction to enjoin defendants from continuing to detain asylum seekers without individualized consideration of flight risk or danger to the community.

On August 5, 2019, the defendants filed a motion to dismiss, arguing that some of the plaintiffs were no longer in ICE custody, others had had their parole requests adjudicated, and additional plaintiffs were no longer eligible for parole.

On September 5, 2019, Judge James E. Boasberg issued an order granting the plaintiffs' motion for a preliminary injunction, granting the plaintiffs' motion for class certification, and granting in part and denying in part the defendants' motion to dismiss. In granting the preliminary injunction, Judge Boasberg found that the New Orleans ICE Field Office had ceased to follow the 2009 Directive. Class certification was granted because the proposed class met the requirements under the Federal Rules of Civil Procedure. The defendants' motion to dismiss was only granted in regards to plaintiffs' due process claim. 2019 WL 4225322.

On November 1, 2019, the defendants filed a notice of appeal to the D.C. Circuit Court. On November 18, 2019, the appeal was docketed as 19-5306.

On January 9, 2020, Judge Boasberg issued an order directing the defendants to distribute copies of the class notice to all provisional class members.

On March 31, 2020, in light of the COVID-19 pandemic, the plaintiffs filed an emergency motion for a preliminary injunction. The plaintiffs sought to compel the defendants to conduct immediate case by case parole assessments for all class members to address the COVID-19 pandemic. The plaintiffs also requested that defendants be required to consider the risk of COVID-19 to individuals when conducting their individualized assessment.

On April 7, 2020, the defendants filed a memorandum in opposition to the emergency motion for a preliminary injunction. They argued that the motion should be denied because plaintiffs had failed to show that ICE had violated the Parole Directive, had failed to establish irreparable harm if they were not given new parole reviews, and that the plaintiffs' request was not in the public interest.

On April 8, the plaintiffs filed their reply to the defendants' memorandum. The plaintiffs pointed out that the COVID-19 pandemic continued to worsen and that the continuation of blanket parole denials put the health of plaintiffs and detention officials at the risk of irreparable harm.

On April 21, 2020, Judge Boasberg denied the plaintiffs' emergency motion for a preliminary injunction, asserting that the court had already enjoined the defendants to follow their parole direct, and thus it was unnecessary to do so again. The court left open the possibility that plaintiffs could file a motion for contempt asserting that defendants had not complied with the court's original injunction.

The plaintiffs did just that and filed a motion for order to show cause why the defendants should not be held in contempt for violating the 2019 preliminary injunction order, expedited discovery, and the appointment of a special master on May 12. The plaintiffs argued that the defendants continue to disregard the Parole Directive in violation of the preliminary injunction. They claimed that parole grant rates remained below 25% for redetermination applications and below 20% for first-time applicants and in some cases facilities held zero parole redeterminations in March and April. In their response filed on June 16, the defendants argued that in the recent months ICE had granted parole at rates closer to 30% and that there was not clear and convincing evidence that they were not following the preliminary injunction.

Meanwhile, in the D.C. Circuit Court of Appeals, the defendants filed a motion to voluntarily dismiss the appeal on June 16. The D.C. Circuit granted the motion and dismissed the appeal on June 29. 2020 WL 3635095.

Back in the district court, on July 22, 2020, Judge Boasberg granted the plaintiffs’ motion seeking discovery regarding compliance with the preliminary injunction, a finding of contempt, and appointment of a Special Master in part. He found the plaintiffs raised sufficient question of compliance and ordered limited discovery. He denied without prejudice the motion with respect to the finding of contempt and the appointment of a special master, with these requests to be renewed following discovery and a potential hearing on the defendants’ violations. The parties then began engaging in limited discovery with a joint status report on the discovery due October 30, 2020.

As the parties engaged in limited discovery, on August 20, 2020, The Center for Investigative Report filed a motion to intervene to unseal the defendants’ monthly production of parole determinations and any future productions in order to inform the public debate over DHS’s application of parole procedures to asylum seekers. Judge Boasberg granted the motion to intervene on October 10. He ordered for DHS’s future monthly submissions to include a public version of the parole determinations without personally identifiable information and for DHS to file redacted versions of prior reports.

The defendants continued to file monthly status reports and both parties continued joint status reports. A status hearing is scheduled for March 4, 2021. This case is ongoing.

Cedar Hobbs - 04/07/2020
Averyn Lee - 09/09/2020
Emily Kempa - 11/08/2020
Zofia Peach - 03/03/2021


compress summary

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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Content of Injunction
Preliminary relief granted
COVID-19
Mitigation Denied
Mitigation Requested
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
National origin discrimination
General
Classification / placement
Fines/Fees/Bail/Bond
Over/Unlawful Detention
Pattern or Practice
Placement in detention facilities
Immigration/Border
Asylum - procedure
Constitutional rights
Detention - criteria
Detention - procedures
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
All Writs Act, 28 U.S.C. § 1651
Mandamus, 28 U.S.C. § 1361
Defendant(s) United States
United States
United States
United States
Plaintiff Description All arriving asylum seekers who are found to have a credible fear of persecution or torture and who are or will be detained by U.S. Immigration and Customers Enforcement; after having been denied parole under the authority of the New Orleans ICE Field Office.
Indexed Lawyer Organizations ACLU Affiliates (any)
Southern Poverty Law Center
Class action status sought Yes
Class action status granted Granted
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Declaratory Judgment
Source of Relief Litigation
Filed 05/30/2019
Case Ongoing Yes
Additional Resources
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Court Docket(s)
D.D.C.
03/01/2021
1:19-cv-01593
IM-DC-0071-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D.D.C.
05/30/2019
Complaint [ECF# 2]
IM-DC-0071-0007.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
06/28/2019
Plaintiffs' Motion for Class Certification [ECF# 15]
IM-DC-0071-0009.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
06/28/2019
Plaintiffs' Motion for Class Certification [ECF# 15 (& 15-1 to 15-9)]
IM-DC-0071-0016.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
07/18/2019
Plaintiffs' Motion for a Preliminary Injunction [ECF# 22]
IM-DC-0071-0008.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
07/18/2019
Plaintiffs' Motion for a Preliminary Injunction [ECF# 22 (& 22-1 to 22-4)]
IM-DC-0071-0017.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
09/05/2019
Memorandum Opinion [ECF# 32] (2019 WL 4225322)
IM-DC-0071-0001.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
09/05/2019
Order [ECF# 33]
IM-DC-0071-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
11/01/2019
Defendants' Notice of Appeal [ECF# 37]
IM-DC-0071-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
11/24/2019
Stipulated Protective Order [ECF# 40]
IM-DC-0071-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
01/09/2020
Order [ECF# 51]
IM-DC-0071-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
01/29/2020
Order [ECF# 55]
IM-DC-0071-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
03/31/2020
Plaintiffs Emergency Motion for Preliminary Injunction [ECF# 61]
IM-DC-0071-0010.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
03/31/2020
Plaintiffs Emergency Motion for Preliminary Injunction [ECF# 61 (& 61-1 to 61-13)]
IM-DC-0071-0018.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
04/07/2020
Defendants' Opposition to Motion for Preliminary Injunction [ECF# 64]
IM-DC-0071-0011.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
04/08/2020
Factual Reply to Defendants' Opposition to Plaintiffs' Emergency Motion for Preliminary Injunction [ECF# 65]
IM-DC-0071-0012.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
04/09/2020
Defendants' Supplemental Submission in Support of Opposition to Preliminary Injunction Motion [ECF# 66]
IM-DC-0071-0013.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
04/20/2020
Defendants' Notice in Response to Court Order [ECF# 67, 67-1]
IM-DC-0071-0014.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
04/21/2020
Notice of Filing of Supplemental Authority, Attorney Declarations and Confirmed COVID-19 Reports [ECF# 68 (& 68-1 to 68-3)]
IM-DC-0071-0015.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
05/13/2020
Memorandum in Support of the Plaintiffs' Motion for an Order to Show Cause, Expedited Discovery, and Appointment of Special Master [ECF# 76]
IM-DC-0071-0019.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
06/16/2020
Defendants' Opposition to Motion to Show Cause, for Expedited Discovery and for Appointment of Special Master [ECF# 82]
IM-DC-0071-0020.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
U.S. Court of Appeals
06/29/2020
Order [Ct. of App. ECF# 1849386] (2020 WL 3635095)
IM-DC-0071-0024.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
07/22/2020
Memorandum Opinion and Order [ECF# 89] (2020 WL 4201596)
IM-DC-0071-0021.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
08/20/2020
Motion for Leave to Intervene and to Unseal Judicial Documents [ECF# 95, 95-1]
IM-DC-0071-0022.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
10/05/2020
Memorandum Opinion and Order [ECF# 106] (2020 WL 5891424)
IM-DC-0071-0023.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Boasberg, James Emanuel (FISC, D.D.C.) show/hide docs
IM-DC-0071-0001 | IM-DC-0071-0002 | IM-DC-0071-0005 | IM-DC-0071-0006 | IM-DC-0071-0021 | IM-DC-0071-0023 | IM-DC-0071-9000
Plaintiff's Lawyers Bauer, Mary C. (Virginia) show/hide docs
IM-DC-0071-0007 | IM-DC-0071-0008 | IM-DC-0071-0009 | IM-DC-0071-0016 | IM-DC-0071-0017 | IM-DC-0071-9000
Crow, Melissa E. (District of Columbia) show/hide docs
IM-DC-0071-0003 | IM-DC-0071-0007 | IM-DC-0071-0008 | IM-DC-0071-0009 | IM-DC-0071-0010 | IM-DC-0071-0015 | IM-DC-0071-0016 | IM-DC-0071-0017 | IM-DC-0071-0019 | IM-DC-0071-9000
Gonzalez, Michelle P. (Florida) show/hide docs
IM-DC-0071-0010 | IM-DC-0071-0012 | IM-DC-0071-0015 | IM-DC-0071-0018 | IM-DC-0071-9000
Hamilton, Bruce Warfield (Louisiana) show/hide docs
IM-DC-0071-0003 | IM-DC-0071-0007 | IM-DC-0071-0008 | IM-DC-0071-0009 | IM-DC-0071-0010 | IM-DC-0071-0012 | IM-DC-0071-0015 | IM-DC-0071-0016 | IM-DC-0071-0017 | IM-DC-0071-0018 | IM-DC-0071-9000
Lopez, Luz Virginia (District of Columbia) show/hide docs
IM-DC-0071-0003 | IM-DC-0071-0007 | IM-DC-0071-0008 | IM-DC-0071-0009 | IM-DC-0071-0010 | IM-DC-0071-0012 | IM-DC-0071-0015 | IM-DC-0071-0016 | IM-DC-0071-0017 | IM-DC-0071-0018 | IM-DC-0071-0019 | IM-DC-0071-9000
Mesa-Estrada, Victoria (Florida) show/hide docs
IM-DC-0071-0010 | IM-DC-0071-0012 | IM-DC-0071-0015 | IM-DC-0071-0018 | IM-DC-0071-9000
Rivera, Laura G. (Georgia) show/hide docs
IM-DC-0071-0007 | IM-DC-0071-0008 | IM-DC-0071-0009 | IM-DC-0071-0016 | IM-DC-0071-0017 | IM-DC-0071-9000
Schwartzmann, Katharine (Louisiana) show/hide docs
IM-DC-0071-0003 | IM-DC-0071-0007 | IM-DC-0071-0008 | IM-DC-0071-0009 | IM-DC-0071-0016 | IM-DC-0071-0017 | IM-DC-0071-9000
Defendant's Lawyers Liu, Jessie K. (District of Columbia) show/hide docs
IM-DC-0071-0003 | IM-DC-0071-0004
Shea, Timothy J (District of Columbia) show/hide docs
IM-DC-0071-0011 | IM-DC-0071-0013 | IM-DC-0071-0014
Sherwin, Michael R. (District of Columbia) show/hide docs
IM-DC-0071-0020
Simon, Jeremy S (District of Columbia) show/hide docs
IM-DC-0071-0003 | IM-DC-0071-0004 | IM-DC-0071-0011 | IM-DC-0071-0013 | IM-DC-0071-0014 | IM-DC-0071-0020 | IM-DC-0071-9000
Van Horn, Daniel F (District of Columbia) show/hide docs
IM-DC-0071-0003 | IM-DC-0071-0004 | IM-DC-0071-0011 | IM-DC-0071-0013 | IM-DC-0071-0014 | IM-DC-0071-0020
Other Lawyers Baranetsky, Victoria (California) show/hide docs
IM-DC-0071-0022 | IM-DC-0071-9000
Kelly, Chelsea Teresa (District of Columbia) show/hide docs
IM-DC-0071-0022 | IM-DC-0071-9000

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