Case: Roman v. Wolf

5:20-cv-00768 | U.S. District Court for the Central District of California

Filed Date: April 13, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a representative habeas action filed by immigrant detainees in the Adelanto ICE Processing Center, seeking writs of habeas corpus in light of COVID-19. The plaintiffs alleged that everyone at the detention center was particularly vulnerable to contracting the virus because the tight quarters in the detention center made it impossible to implement social distancing. The district court entered a preliminary injunction on April 23, which was stayed by the Ninth Circuit an…

COVID-19 Summary: This is a representative habeas action filed by immigrant detainees in the Adelanto ICE Processing Center, seeking writs of habeas corpus in light of COVID-19. The plaintiffs alleged that everyone at the detention center was particularly vulnerable to contracting the virus because the tight quarters in the detention center made it impossible to implement social distancing. The district court entered a preliminary injunction on April 23, which was stayed by the Ninth Circuit and later remanded to the district court on September 23.


On April 13, 2020, a group of immigrant detainees filed this lawsuit against the Department of Homeland Security, U.S. Immigration and Customs Enforcement, and the warden of the Adelanto ICE Processing Center in the U.S. District Court for the Central District of California. Represented by private counsel, the petitioners sought writs of habeas corpus under 28 U.S.C. § 2241. In combination with their habeas petition, they also filed a complaint seeking injunctive and declaratory relief. Specifically, they alleged that their continued detention in Adelanto was a violation of their substantive due process rights under the Fifth Amendment, which guaranteed them protections against exposure to infectious disease.

Immediately, the plaintiffs filed a motion to certify the class as well as for temporary restraining orders as to why a preliminary injunction should not be issued regarding each of the three named plaintiffs.

The plaintiffs filed a notice of related cases, requesting this action to be related to the following cases: 5:20-cv-00605, 5:20-cv-00590, 5:20-cv-00617, 5:20-cv-00626, 5:20-cv-00627, 5:20-cv-00646, 5:20-cv-00650, 5:20-cv-00653, 5:20-cv-00668.

On April 14, the plaintiffs filed a motion for a preliminary injunction, requesting an order that would implement a system for class-wide relief or mandate that ICE implement social distancing measures necessary to protect the individuals in custody.

The case was assigned to District Judge Terry J. Hatter, Jr. and Magistrate Judge Pedro V. Castillo.

On April 16, Judge Hatter, Jr. entered a temporary restraining order for each of the named plaintiffs, authorizing their release from custody and ordered that the defendants must show cause as to why the court should not issue a preliminary injunction by April 24.

On April 23, Judge Hatter, Jr. provisionally certified the class to include all those who were currently detained at Adelanto, or had been detained thereafter March 23, 2020, and appointed the ACLU of Southern California as the class counsel.

Judge Hatter, Jr. also issued a preliminary injunction on April 23, requiring the defendants to:

-Not accept any new detainees at Adelanto

-Reduce the detainee population to a level that allows detainees to maintain social distancing of 6 feet from each other at all times by May 4

-Require staff and detainees to maintain 6 feet of distance whenever possible

-Clean and disinfect common areas and shared items on a regular basis (multiple times throughout each 24 hour period)

-Provide sufficient cleaning equipment and supplies for detainees to clean their own areas once a day

-Limit sleeping rooms/cells that have toilets without integrated lids to single occupancy

-Require all staff to wear masks and gloves at all times

-Require all detainees to wear masks, and provide gloves to those who wish to wear them

-Provide soap or hand sanitizer and paper towels to detainees

-Propose a plan for population reduction and cleaning procedures that comply with the injunction

Judge Hatter, Jr. stated that if the defendants failed to comply with any of the injunction's requirements, the court would consider the immediate release of class members. Regarding the related cases, the order stated that any class member who had been released from this order or a previously filed case would remain released, but that no additional injunctions would be entered for class members that had filed separate cases.

The defendants appealed to the Ninth Circuit on April 24, challenging the class certification order, preliminary injunction and related findings in the case (docket no. 20-55436). The Ninth Circuit issued an administrative stay, which temporarily stayed the lower court's preliminary injunction.

On May 5, the Ninth Circuit stayed the lower court's preliminary injunction to the extent that it went beyond the Center for Disease Control and Prevention's guidelines for correctional and detention facilities for managing COVID-19.

On June 5, the plaintiffs filed a motion for class-wide bail, which Judge Hatter granted on June 17, granting class-wide bail and stating that the court would make individualized bail determinations for each class member. 2020 WL 3481564.

On June 19, Judge Hatter issued an order, implementing a process for individualized bail determinations for each class member, which required the defendants to create a spreadsheet including information about each detainee, weekly updates, and notice to class members. 2020 WL 3487632. The defendants appealed to the Ninth Circuit (docket No. 20-55662), which granted an administrative stay of the June 17 bail order and June 19 bail process on July 1. However, on July 8, the Ninth Circuit denied the defendant's motion, stating that the district court's individualized determinations were consistent with processes of other district courts. Back in the district court, Judge Hatter, Jr. continued the individualized bail process and granted bail for various class members.

On August 10, the plaintiffs filed a motion to enforce the preliminary injunction's CDC Guidance provision and a separate motion for non-provisional class certification. In their motion for class certification, they relied on the provisional certification order, arguing that circumstances were still the same. That same day, the defendants filed a motion to dismiss and on August 24, the defendants filed a motion in opposition to the plaintiffs' motion to enforce. On August 31, the defendants filed a motion in opposition to the non-provisional class certification motion, arguing that the plaintiffs had failed to establish commonality, typicality and adequacy.

On September 16, upon learning of a COVID-19 outbreak at the detention center, the plaintiffs filed an ex parte application for temporary restraining order in the district court, seeking the court to compel testing of all detainees and for isolation of all detainees with positive test results. The court denied the application and, separately, stated that any previous bail orders releasing detainees who were still in the detention center were stayed - so as not to release a COVID-positive detainee into the community. The plaintiffs filed a motion for reconsideration on September 18.

On September 22, Judge Hatter, Jr. entered 2 orders. The first, denied reconsideration of the September 17 order, stating that since "the Ninth Circuit stayed the preliminary injunction, the Court cannot, now, order the Government to isolate detainees in single occupant cells because such order would contravene the stay," despite the fact that the court "does not disagree that the Government's procedures were inadequate." The second order granted class certification. Judge Hatter, Jr. stated that the reasons each class member was being detained was immaterial to the certification decision -- ultimately, the question before the court for each class member was whether their conditions of confinement were in violation of their Fifth Amendment substantive due process rights; the statutory authority for detention, bail status or other variances between class members did not destroy their ability to be certified as a class.

On September 23, the Ninth Circuit issued a Memorandum Opinion regarding the provisional class certification and preliminary injunction issues that the defendants had appealed in April. The circuit court held that the district court did not abuse its discretion by issuing a preliminary injunction and that the court had subject matter jurisdiction. However, since several months had passed and situations had evolved in the detention center, the Ninth Circuit vacated many of the preliminary injunction's provisions - including the CDC provision - and remanded the matter with instructions to issue an updated preliminary injunction. 829 Fed.Appx. 165.

On September 25, Judge Hatter, Jr. issued an order denying the plaintiffs' motion to enforce the preliminary injunction and the defendants' motion to dismiss. Judge Hatter, Jr. stated that given the Ninth Circuit's September 23 opinion, the plaintiffs' motion to enforce was now moot. Furthermore, the defendant's arguments in their motion to dismiss -- namely that the district court did not have subject matter jurisdiction and that the class had not been fully certified -- had now been foreclosed.

Judge Hatter issued a modified preliminary injunction and additional findings of fact on September 29. 2020 WL 5797918. He ordered the government to provide a detailed population reduction plan to ensure detainees could maintain six feet of social distance at all times, and further ordered the government not to accept any new or transfer detainees in Adelanto. Judge Hatter also ordered the government to cease using HDQ Neutral, a toxic disinfectant, in housing units. Finally, the government was ordered to provide census data of all Adelanto detainees and update that report weekly. The defendants appealed this order to the Ninth Circuit. On October 13, the Ninth Circuit in a per curiam opinion affirmed in part and reversed in part the district court's order. 2020 WL 6040125. The Ninth Circuit held that the district court had authority to issue the injunctive relief, but found that, due to the rapidly evolving circumstances, the reductions in detainee population must be reconsidered. On remand, the Ninth Circuit advised the district court to avoid micromanaging the administration of conditions at Adelanto and stated that "any new provisions of future injunctive relief should stem from medical evidence properly before the court."

In addition to the census report, the district court also ordered the government to provide a daily status report that listed the number of COVID-positive and COVID-negative detainees in each housing unit. On October 15, Judge Hatter issued another order concerning the population reduction plan in which he expressed frustration with the defendants disregard for procedural rules. 2020 WL 6107069. Judge Hatter ordered the government to reduce the population of Adelanto by at least 50 detainees each day by either releasing or deporting detainees until the population is at most 475 people. Judge Hatter appointed Chief Magistrate Judge Patrick Walsh to act as a Special Master to monitor and enforce the government's compliance with with the injunctive relief.

Throughout October, Judge Hatter routinely issued bail orders directing the defendants to release specific class members. As of November 3, the case remains ongoing.

Summary Authors

Caitlin Kierum (9/27/2020)

Justin Hill (11/3/2020)

Sophia Acker (3/26/2024)

Related Cases

Castillo v. Barr, Central District of California (2020)

Rodriguez v. Wolf, Central District of California (2020)

Reina Moran v. U.S. Department of Homeland Security, Central District of California (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17066052/parties/kelvin-hernandez-roman-v-chad-f-wolf/


Judge(s)
Attorney for Plaintiff

Arulanantham, Ahilan T (California)

Bansal, Jessica Karp (California)

Barnett, Amanda (California)

Attorney for Defendant

Bates, Christopher A (District of Columbia)

Beck, Daniel A (California)

Expert/Monitor/Master/Other
Judge(s)

Castillo, Pedro V. (California)

Collins, Daniel Paul (California)

Friedland, Michelle Taryn (California)

Hatter, Terry J. Jr. (California)

Klausner, Robert G. (California)

Miller, Eric David (Washington)

Nguyen, Jacqueline Hong-Ngoc (California)

Silverman, Barry G. (Arizona)

Watford, Paul Jeffrey (California)

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Documents in the Clearinghouse

Document

5:20-cv-00768

Docket [PACER]

Nov. 2, 2020

Nov. 2, 2020

Docket
1

5:20-cv-00768

Petition for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief

April 13, 2020

April 13, 2020

Complaint
34

5:20-cv-00768

Temporary Restraining Order and Order to Show Cause

April 16, 2020

April 16, 2020

Order/Opinion
33

5:20-cv-00768

Temporary Restraining Order and Order to Show Cause

April 16, 2020

April 16, 2020

Order/Opinion
53

5:20-cv-00768

Findings of Fact and Conclusions of Law

April 23, 2020

April 23, 2020

Order/Opinion

2020 WL 2020

55

5:20-cv-00768

Preliminary Injunction

April 23, 2020

April 23, 2020

Order/Opinion
52

5:20-cv-00768

Provisional Class Certification Order

April 23, 2020

April 23, 2020

Order/Opinion

2020 WL 2020

17

5:20-cv-00768

20-55436

Order

U.S. Court of Appeals for the Ninth Circuit

May 5, 2020

May 5, 2020

Order/Opinion

2020 WL 2020

118

5:20-cv-00768

Order

June 17, 2020

June 17, 2020

Order/Opinion

2020 WL 2020

124

5:20-cv-00768

Order

June 19, 2020

June 19, 2020

Order/Opinion

2020 WL 2020

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17066052/kelvin-hernandez-roman-v-chad-f-wolf/

Last updated April 23, 2024, 4:27 p.m.

ECF Number Description Date Link Date / Link
774

Mail Returned addressed to Russell Casio Bernardino re Order, 208 (shb) (Entered: 10/29/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
775

Mail Returned addressed to Silvano Avina Salas re Order on Motion to Supplement, 301 (shb) (Entered: 10/29/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
385

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Charlaine Mamaradlo re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-H)(Barnett, Amanda) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
386

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Gabino Rodriguez Silvar re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-L)(Barnett, Amanda) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
387

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Jose Sanchez Delgadillo re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-K)(Barnett, Amanda) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
388

SEALED DOCUMENT Daily Spreadsheet (August 27, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Bansal, Jessica) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
389

Joint STIPULATION for Order to Extend Hearing Date and Reply Briefs Due Date filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order)(Bansal, Jessica) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
390

PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re Sealed Document 388, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Jose Sanchez Delgadillo re Order 124 387, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Gabino Rodriguez Silvar re Order 124 386, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Charlaine Mamaradlo re Order 124 385 served on August 27, 2020. (Barnett, Amanda) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
391

NOTICE of Imminent Removal of Class Member Ordered Released on Bail (ECF 381) filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Exhibit A: Order Denying Stay, # 2 Exhibit B: SDDO Burdick Declaration)(Wilson, Sarah) (Entered: 08/27/2020)

1 Exhibit A: Order Denying Stay

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2 Exhibit B: SDDO Burdick Declaration

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Aug. 27, 2020

Aug. 27, 2020

PACER
392

ORDER GRANTING JOINT STIPULATION RE: EXTENSION OF BRIEFING SCHEDULES FOR MOTION TO DISMISS (ECF 320) AND MOTION FOR ENFORCEMENT (ECF 315), 389 by Judge Terry J. Hatter, Jr. Pursuant to stipulation and for good cause shown, the Court hereby modifies the briefing schedule and hearing date for Petitioners-Plaintiffs pending Motion for Enforcement of Preliminary Injunctions CDC Guidance Provision, ECF No. 315, and Respondents-Defendants pending Motion to Dismiss for Lack of Jurisdiction, ECF No. 320, as follows: 1. Hearing on the Motion for Enforcement, ECF No. 315, and Motion to Dismiss, ECF No. 320, shall be reset for September 21, 2020. 2. The parties respective replies shall be filed no later than September 4, 2020. (shb) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
393

BAIL ORDER, 376 by Judge Terry J. Hatter, Jr: It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Miriam Jeanette Motino-Rodriguez from custody within 48 hours of the filing of this order, and she shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release: The Class Member shall reside at the residence submitted to the Court in the Class Members bail application [the Approved Residence]. The Class Member shall be transported from the Adelanto Detention Center [Adelanto] directly to the Approved Residence via the method, and by the person, submitted to the Court in the Class Members bail application. It is further Ordered that the Court may modify or revoke this bail order if the Class Member violates any of the above conditions of release.It is further Ordered that Respondents shall not arrest or re-detain the ClassMember without first obtaining an order from this Court. It is further Ordered that this order does not limit Respondents authority to remove the Class Member from the United States upon the issuance of a final order of removal. It is further Ordered that Respondents shall provide the Class Member with a copy of this bail order at the time of release. (shb) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
394

ORDER, 377 by Judge Terry J. Hatter, Jr., as to Petitioner Shengyang Li: The Court has considered the bail application for class member Shengyang Li [the Class Member], together with the moving and opposing papers. The Class Member shall prepare and deliver to Respondents a supplemental declaration setting forth: (1) The name(s) of the legal owner(s) of the residence in Yorba Linda, California, where he intends to reside [the Residence]; (2) A description of the Residence, i.e., a single family residence, an apartment complex, or some other type of facility; and (3) The names and relationships of all other occupants of the Residence. Respondents shall have 2 business days from the date they are presented with the supplemental declaration to prepare a supplemental opposition, if any. The supplemental opposition shall be transmitted to class counsel. Class counsel, then, may append a supplemental reply to the supplemental opposition, and then file the supplemental declaration, the supplemental opposition, if any, and the supplemental reply, if any, as a single document. The supplemental opposition and reply briefs shall each be no more than two pages. IT IS SO ORDERED. (shb) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
395

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES 381 by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Government is ordered to file a status report confirming that Class Member Dante Martinez Lizalde was removed from the United States, or released from detention, within 48 hours of the issuance of the order granting his bail application. IT IS SO ORDERED. (shb) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
396

STATUS REPORT Re: ECF 381 (Confirmation of Removal of Class Member) filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Exhibit A: Form I-205)(Wilson, Sarah) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
397

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Rodrigo Rivera Montoya re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-P)(Barnett, Amanda) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
398

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Sixto Valente Reyes re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-J)(Barnett, Amanda) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
399

Joint STIPULATION for Order Modifying Scheduling Order filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Robins, Jeffrey) (Entered: 08/28/2020)

1 Proposed Order

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Aug. 28, 2020

Aug. 28, 2020

PACER
400

SEALED DOCUMENT Daily Spreadsheet (August 28, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Bansal, Jessica) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
401

Notice of Errata and Request to Strike and Remove Pages from Record filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman re: NOTICE OF MOTION AND MOTION to Enforce PRELIMINARY INJUNCTION'S CDC GUIDANCE PROVISION 315 (Attachments: # 1 Proposed Order)(Arulanantham, Ahilan) (Entered: 08/28/2020)

1 Proposed Order

View on PACER

Aug. 28, 2020

Aug. 28, 2020

PACER
402

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, re the joint stipulation for order modifying scheduling order 399 is hereby rejected by the Court. The Court will hold a Final Pretrial Conference for this case. Counsel are reminded that all documents required by Local Rule 16 must be filed inadvance of the Conference. Anticipated evidentiary objections must be raised through motions in limine; and the Court will entertain another stipulation to modify the scheduling order provided that the stipulation complies with the above items. IT IS SO ORDERED. (shb) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

RECAP
403

BAIL ORDER, 385 by Judge Terry J. Hatter, Jr: It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Charlaine Manabat Mamaradlo from custody within 72 hours of the filing of this order, and she shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release: The Class Member shall reside at the residence submitted to the Court in the Class Members bail application [the Approved Residence]. The Class Member shall be transported from the Adelanto Detention Center [Adelanto] directly to the Approved Residence via the method, and by the person, submitted to the Court in the Class Members bail application. It is further Ordered that the Court may modify or revoke this bail order if the Class Member violates any of the above conditions of release. It is further Ordered that Respondents shall not arrest or re-detain the Class Member without first obtaining an order from this Court. It is further Ordered that this order does not limit Respondents authority to remove the Class Member from the United States upon the issuance of a final order of removal. It is further Ordered that Respondents shall provide the Class Member with a copy of this bail order at the time of release. (shb) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
404

BAIL ORDER, 386 by Judge Terry J. Hatter, Jr: It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Gabino Rodriguez Silvar from custody within 72 hours of the filing of this order, and he shall remain released pending further order of this Court.It is further Ordered that the Class Member shall comply with all of the following conditions of release: The Class Member shall reside at the residence submitted to the Court in the Class Members bail application [the Approved Residence]. The Class Member shall be transported from the Adelanto Detention Center [Adelanto] directly to the Approved Residence via the method, and by the person, submitted to the Court in the Class Members bail application. It is further Ordered that the Court may modify or revoke this bail order if the Class Member violates any of the above conditions of release. It is further Ordered that Respondents shall not arrest or re-detain the Class Member without first obtaining an order from this Court. It is further Ordered that this order does not limit Respondents authority to remove the Class Member from the United States upon the issuance of a final order of removal. It is further Ordered that Respondents shall provide the Class Member with a copy of this bail order at the time of release. See order for further details. (shb) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
405

BAIL ORDER, 387 by Judge Terry J. Hatter, Jr: It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Jose Sanchez Delgadillo from custody within 72 hours of the filing of this order, and he shall remain released pending further order of this Court.It is further Ordered that the Class Member shall comply with all of thefollowing conditions of release: The Class Member shall reside at the residence submitted to the Court in the Class Members bail application [the Approved Residence]. The Class Member shall be transported from the Adelanto Detention Center [Adelanto] directly to the Approved Residence via the method, and by the person, submitted to the Court in the Class Members bail application. It is further Ordered that the Court may modify or revoke this bail order if the Class Member violates any of the above conditions of release. It is further Ordered that Respondents shall not arrest or re-detain the Class Member without first obtaining an order from this Court. It is further Ordered that this order does not limit Respondents authority to remove the Class Member from the United States upon the issuance of a final order of removal. It is further Ordered that Respondents shall provide the Class Member with a copy of this bail order at the time of release. See order for further details. (shb) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
406

PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re Sealed Document 400, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Sixto Valente Reyes re Order 124 398, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Rodrigo Rivera Montoya re Order 124 397 served on August 28, 2020. (Barnett, Amanda) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
407

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, 401 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Miscellaneous Filings - SELECT - Errata. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
408

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Oscar Armando Rios Anariba re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-M)(Barnett, Amanda) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
409

SEALED DOCUMENT Daily Spreadsheet (August 31, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Bansal, Jessica) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
410

BAIL ORDER, 397 by Judge Terry J. Hatter, Jr: It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Rodrigo Rivera Montoya from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release: The Class Member shall reside at the residence submitted to the Court in the Class Members bail application [the Approved Residence]. The Class Member shall be transported from the Adelanto Detention Center [Adelanto] directly to the Approved Residence via the method, and by the person, submitted to the Court in the Class Members bail application. It is further Ordered that the Court may modify or revoke this bail order if the Class Member violates any of the above conditions of release. It is further Ordered that Respondents shall not arrest or re-detain the Class Member without first obtaining an order from this Court. It is further Ordered that this order does not limit Respondents authority to remove the Class Member from the United States upon the issuance of a final order of removal. It is further Ordered that Respondents shall provide the Class Member with a copy of this bail order at the time of release. See order for further details. (shb) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
411

BAIL ORDER, 398 by Judge Terry J. Hatter, Jr: It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Sixto Valente Reyes from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release: The Class Member shall reside at the residence submitted to the Court in the Class Members bail application [the Approved Residence]. The Class Member shall be transported from the Adelanto Detention Center [Adelanto] directly to the Approved Residence via the method, and by the person, submitted to the Court in the Class Members bail application. It is further Ordered that the Court may modify or revoke this bail order if the Class Member violates any of the above conditions of release.It is further Ordered that Respondents shall not arrest or re-detain the ClassMember without first obtaining an order from this Court. It is further Ordered that this order does not limit Respondents authority to remove the Class Member from the United States upon the issuance of a final order of removal. It is further Ordered that Respondents shall provide the Class Member with a copy of this bail order at the time of release. See order for further details. (shb) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
412

PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re Sealed Document 409, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Oscar Armando Rios Anariba re Order 124 408 served on August 31, 2020. (Barnett, Amanda) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
413

NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant by Daniel Varela Reyes filed by intervenor Daniel Alverto Varela Reyes. Motion set for hearing on 9/14/2020 at 10:30 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Exhibit A - Doctor Letter Re Asthma, # 2 Exhibit B - Trigilio Declaration) (Attorney Joseph A Trigilio added to party Daniel Alverto Varela Reyes(pty:intv)) (Trigilio, Joseph) (Entered: 08/31/2020)

1 Exhibit A - Doctor Letter Re Asthma

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2 Exhibit B - Trigilio Declaration

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Aug. 31, 2020

Aug. 31, 2020

PACER
414

APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant by Daniel Varela Reyes 413 to 09/14/2020 filed by intervenor Daniel Alverto Varela Reyes. (Attachments: # 1 [Proposed] Order) (Trigilio, Joseph) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
415

REPLY in support of NOTICE OF MOTION AND MOTION to Certify Class / Notice of Motion and Motion for Non-Provisional Class Certification 319 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Declaration of Jessica Karp Bansal, # 2 Exhibit 1 to Declaration of Jessica Karp Bansal, # 3 Exhibit 2 to Declaration of Jessica Karp Bansal, # 4 Exhibit 3 to Declaration of Jessica Karp Bansal)(Barnett, Amanda) (Entered: 08/31/2020)

1 Declaration of Jessica Karp Bansal

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2 Exhibit 1 to Declaration of Jessica Karp Bansal

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3 Exhibit 2 to Declaration of Jessica Karp Bansal

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4 Exhibit 3 to Declaration of Jessica Karp Bansal

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Aug. 31, 2020

Aug. 31, 2020

PACER
416

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant by Salvadore Chavez Gonzalez 359 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Wilson, Sarah) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
417

SEALED DOCUMENT second updated and corrected spreadsheet information for all Fraihat class members; spreadsheet of Roman class members re Order 124 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf.(Chen, Hans) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
418

OPPOSITION to APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant by Daniel Varela Reyes 413 to 09/14/2020 414 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Declaration of Sarah Wilson)(Wilson, Sarah) (Entered: 09/01/2020)

1 Declaration of Sarah Wilson

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Sept. 1, 2020

Sept. 1, 2020

PACER
419

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Enrique Ramirez-Hernandez re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-K)(Barnett, Amanda) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
420

SEALED DOCUMENT Daily Spreadsheet (September 1, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Bansal, Jessica) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
421

PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re Sealed Document 420, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Enrique Ramirez-Hernandez re Order 124 419 served on September 1, 2020. (Barnett, Amanda) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
422

BAIL ORDER by Judge Terry J. Hatter, Jr 331 . It is Ordered that the bail application be, and hereby is, Granted.It is further Ordered that Respondents shall release Asonganyi FelixNkemnkeng from custody within 48 hours of the filing of this order and he shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release. It is further Ordered that the Court may modify or revoke this bail order if the Class Member violates any of the above conditions of release. It is further Ordered that Respondents shall provide the Class Member with a copy of this bail order at the time of release. (See Order for further details) (yl) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

RECAP
423

BAIL ORDER 408 by Judge Terry J. Hatter, Jr. The Court has considered the bail application for class member Oscar Armando Rios Anariba, together with the moving and opposing papers. The Court finds that the Class Member failed to establish, by a preponderance of the evidence, that he will not be a danger to public safety. IT IS ORDERED that the bail application be, and hereby is, DENIED 408 (yl) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
424

STIPULATION for Order modify scheduling order filed by respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf.(Mercado-Santana, Victor) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
425

STIPULATION for Order Re: Timing of Expert Deposition filed by Plaintiffs-Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Proposed Order)(Barnett, Amanda) (Entered: 09/01/2020)

1 Proposed Order

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Sept. 1, 2020

Sept. 1, 2020

PACER
426

SEALED DOCUMENT third updated and corrected spreadsheet information for all Fraihat class members re Order 124 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf.(Chen, Hans) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
427

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Chuanyi Zhu re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-K)(Barnett, Amanda) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
428

SEALED DOCUMENT Daily Spreadsheet (September 2, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Arulanantham, Ahilan) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
429

SEALED DOCUMENT SUPPLEMENTAL DECLARATION, OPPOSITION AND REPLY RE: RELEASE PLAN FOR CLASS-MEMBER SHENGYANG LI re Order,,,, 394, Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibit O)(Bansal, Jessica) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
430

NOTICE of Appearance filed by attorney Jeffrey S Robins on behalf of Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf (Robins, Jeffrey) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
431

PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re Sealed Document 428, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Chuanyi Zhu re Order 124 427 served on September 2, 2020. (Barnett, Amanda) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
432

RESPONSE IN SUPPORT of APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant by Daniel Varela Reyes 413 to 09/14/2020 414 filed by Intervenor Daniel Alverto Varela Reyes. (Trigilio, Joseph) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
433

PROOF OF SERVICE filed by Petitioners-Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re Sealed Document, 429 served on September 2, 2020. (Bansal, Jessica) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
434

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Eduardo Sanchez Gutierrez re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-I)(Barnett, Amanda) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
435

BAIL ORDER 377 by Judge Terry J. Hatter, Jr. It is Ordered that the bail application be, and hereby is, Denied. (lom) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
436

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Joaz Lopez Garcia re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-K)(Barnett, Amanda) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
437

BAIL ORDER 419 by Judge Terry J. Hatter, Jr. It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Enrique Ramirez-Hernandez from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release. See order for details. (lom) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
438

BAIL ORDER 427 by Judge Terry J. Hatter, Jr. It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Chuanyi Zhu from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release. See order for details. (lom) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
439

SEALED DOCUMENT Daily Spreadsheet (September 3, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Bansal, Jessica) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
440

NOTICE OF LODGING filed re Stipulation for Order 424 (Attachments: # 1 Proposed Order)(Mercado-Santana, Victor) (Entered: 09/03/2020)

1 Proposed Order

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Sept. 3, 2020

Sept. 3, 2020

PACER
441

PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re Sealed Document 439, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Joaz Lopez Garcia re Order 124 436, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Eduardo Sanchez Gutierrez re Order 124 434 served on September 3, 2020. (Barnett, Amanda) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
442

ORDER GRANTING PARTIES' JOINT STIPULATION RE: TIMING OF EXPERT DEPOSITION 425 by Judge Terry J. Hatter, Jr. The parties may hold a deposition of Respondents' expert witness on September 8, 2020. (lom) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
443

SEALED NOTICE OF MOTION AND MOTION re Bail Application Filed by Petitioner Rot Mythong re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A -U)(Barnett, Amanda) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
444

ORDER DENYING APPLICATION TO SHORTEN TIME TO HEAR MOTION 414 by Judge Terry J. Hatter, Jr. IT IS HEREBY ORDERED that the Application to shorten time to hear motion re Petitioner-Plaintiff Daniel Varela Reyes's Motion to Intervene is hereby DENIED. The motion will be taken under submission as soon as it is fully briefed. (lom) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
445

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Gabriel Espinoza Orejel re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-N)(Barnett, Amanda) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
446

ORDER RE: SECOND JOINT STIPULATION TO MODIFY SCHEDULING ORDER [ECF NO. 209] 440 424 440 by Judge Terry J. Hatter, Jr. The scheduling order is modified as follows: Exchange exhibit, witness lists, and proposed joint statement of stipulated facts - Sept. 14, 2020; Filing Deadline for Local Rule 16 Documents in Advance of the Final Pretrial Conference. Includes: Memorandum of Contentions of Fact and Law; Witness List; Joint Exhibits List; Final Pretrial Conference Order - Sept. 21, 2020; Filing Deadline for Motions in Limine & Daubert Motions - Sept. 25, 2020; Final Pretrial Conference - Sept. 28, 2020 at 10:00 a.m.; Filing Deadline for Oppositions to Motions in Limine & Daubert Motions - Oct. 2, 2020; Filing Deadline for Replies to Motions in Limine & Daubert Motions - Oct. 9. 2020; Lodging of testimony admitted through deposition - Oct. 6, 2020. See order for details. (lom) Modified on 9/4/2020 (lom). Modified on 9/4/2020 (lom). (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
447

NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant filed by Petitioner Victor Sanchez Negron. (Attachments: # 1 Proposed Order) (Attorney Emily J Groendyke added to party Victor Sanchez Negron(pty:intvp)) (Groendyke, Emily) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
448

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Alejandro Jeronimo Osorio re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-K)(Barnett, Amanda) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
449

APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant 447 to September 28, 2020 filed by Petitioner Victor Sanchez Negron. (Attachments: # 1 Proposed Order) (Groendyke, Emily) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
450

RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant by Salvadore Chavez Gonzalez 359 filed by Intervenor Salvadore Chavez Gonzalez. (Attachments: # 1 Exhibit A - UPI Article Re ICE Arrests)(Trigilio, Joseph) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
451

SEALED DOCUMENT Daily Spreadsheet (September 4, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Barnett, Amanda) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
452

BAIL ORDER 436 by Judge Terry J. Hatter, Jr as to Joaz Lopez Garcia ["the Class Member]. It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Joaz Lopez Garcia from custody within 72 hours of the filing of this order, and he shall remain released pending further order of this Court. It is further Ordered that the Class Member shall comply with all of the following conditions of release. See order for details. (lom) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
453

PROOF OF SERVICE filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Alejandro Jeronimo Osorio re Order 124 448, SEALED NOTICE OF MOTION AND MOTION re Bail Application Filed by Petitioner Rot Mythong re Order 124 443, Sealed Document 451, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Gabriel Espinoza Orejel re Order 124 445 served on September 4, 2020. (Barnett, Amanda) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
454

ORDER DENYING APPLICATION TO SHORTEN TIME TO HEAR MOTION 449 by Judge Terry J. Hatter, Jr. IT IS HEREBY ORDERED that the Application to shorten time to hear the motion to intervene filed by Victor Sanchez Negron is hereby DENIED. The motion will be taken under submission without oral argument as soon as it is fully briefed. (lom) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
455

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: SEALED NOTICE OF MOTION AND MOTION re Bail Application filed 434 436 443 445 448 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Response in Support of Motion. Other error(s) with document(s): Documents are not motion documents. If document supports a motion, see efiling event - Motions and Related Filings - Responses, Replies and Other Motion Related Documents. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
456

ORDER 434 by Judge Terry J. Hatter, Jr. The Class Member shall prepare and deliver to Respondents a supplemental declaration setting forth the following. See order. Respondents shall have 2 business days from the date they are presented with the Class Member's supplemental declaration to prepare a supplemental opposition, if any. The supplemental opposition shall be transmitted to class counsel. Class counsel, then, may append a supplemental reply to the supplemental opposition, and then file the supplemental declaration, the supplemental opposition, if any, and the supplemental reply, if any, as a single document. The supplemental opposition and reply briefs shall each be no more than two pages. (lom) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
457

REPLY NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION to Dismiss Complaint for Declaratory and Injunctive Relief 320 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Mercado-Santana, Victor) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
458

REPLY in Support of NOTICE OF MOTION AND MOTION to Enforce PRELIMINARY INJUNCTION'S CDC GUIDANCE PROVISION 315 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Declaration of Ahilan Arulanantham, # 2 Exhibit N, # 3 Exhibit O, # 4 Exhibit P, # 5 Exhibit Q, # 6 Exhibit R, # 7 Exhibit S, # 8 Exhibit T, # 9 Supplemental Declaration of Todd William Schneberk, M.D.)(Arulanantham, Ahilan) (Entered: 09/04/2020)

1 Declaration of Ahilan Arulanantham

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2 Exhibit N

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3 Exhibit O

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4 Exhibit P

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5 Exhibit Q

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6 Exhibit R

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7 Exhibit S

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8 Exhibit T

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9 Supplemental Declaration of Todd William Schneberk, M.D.

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Sept. 4, 2020

Sept. 4, 2020

PACER
459

NOTICE OF MOTION AND MOTION for Order for Modifying Petitioner Kelvin Hernandez Roman's Terms of Release filed by Plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Memorandum ISO Petitioners' Motion to Modify Petitioner Kelvin Hernandez Roman's Terms of Release, # 2 Declaration of Kelvin Hernandez Roman, # 3 Declaration of Michelle (Minju) Cho, # 4 Proposed Order) (Bansal, Jessica) (Entered: 09/07/2020)

1 Memorandum ISO Petitioners' Motion to Modify Petitioner Kelvin Hernandez Ro

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2 Declaration of Kelvin Hernandez Roman

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3 Declaration of Michelle (Minju) Cho

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4 Proposed Order

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Sept. 7, 2020

Sept. 7, 2020

PACER
460

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Lino Bernal re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-J)(Barnett, Amanda) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
461

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Robert Fernandez Ramirez re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-P)(Barnett, Amanda) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
462

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Emeterio Ticar Betiwan re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-H)(Barnett, Amanda) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
463

SEALED DOCUMENT / Daily Spreadsheet (September 8, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Barnett, Amanda) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
464

ORDER by Judge Terry J. Hatter, Jr. The Class Member shall prepare and deliver to Respondents another supplemental declaration setting forth his transportation plans from the detention facility in Florence, Arizona: Respondents shall have 2 business days from the date they are presented with the Class Member' s supplemental declaration to prepare a supplemental opposition, if any. The supplemental opposition shall be transmitted to class counsel. Class counsel, then, may append a supplemental reply to the supplemental opposition, and then file the supplemental declarations, the supplemental opposition, if any, and the supplemental reply, if any, as a single document. The supplemental opposition and reply briefs shall each be no more than two pages. (lom) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
465

BAIL ORDER 443 by Judge Terry J. Hatter, Jr. It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Rot Mythong from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. See order for further details. (lom) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
466

BAIL ORDER 445 by Judge Terry J. Hatter, Jr. It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Gabriel Espinoza Orejel from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. See order for details. (lom) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
467

BAIL ORDER 448 by Judge Terry J. Hatter, Jr. It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Alejandro Jeronimo Osorio from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. See order for details. (lom) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
468

OPPOSITION to NOTICE OF MOTION AND MOTION to Intervene as Bail Applicant by Daniel Varela Reyes 413 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Wilson, Sarah) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
469

PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Emeterio Ticar Betiwan re Order 124 462, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Lino Bernal re Order 124 460, Sealed Document 463, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Robert Fernandez Ramirez re Order 124 461 served on September 8, 2020. (Barnett, Amanda) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
470

SEALED DOCUMENT spreadsheet information for Roman class members re Order 124 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf.(Chen, Hans) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
471

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Jose Guadalupe Ruiz Solis re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-O)(Barnett, Amanda) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
472

BAIL ORDER 460 462 by Judge Terry J. Hatter, Jr. The Court has considered the bail applications for Lino Bernal Pena [dkt # 460] and Emeterio Ticar Betiwan [dkt # 462] [the Class Members], together with the moving and opposing papers. The Court finds that each of the Class Members has failed to establish, by a preponderance of the evidence, that he will not be a danger to public safety. It is Ordered that the bail applications 460 462 be, and hereby are, Denied. (lom) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
473

BAIL ORDER 461 by Judge Terry J. Hatter, Jr. The Court has considered the bail application for class member Roberto Ramirez Fernandez ["the Class Member"], together with the moving and opposing papers. It is Ordered that the bail application be, and hereby is, Granted. It is further Ordered that Respondents shall release Roberto Ramirez Fernandez from custody within 48 hours of the filing of this order, and he shall remain released pending further order of this Court. See order for further details. (lom) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
474

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Armando Santiago Santiago re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-L)(Barnett, Amanda) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
475

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Mario Miranda Castro re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-K)(Barnett, Amanda) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
476

SEALED DOCUMENT Daily Spreadsheet (September 9, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Barnett, Amanda) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
477

PROOF OF SERVICE filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman, re SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Armando Santiago Santiago re Order 124 474, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Mario Miranda Castro re Order 124 475, Sealed Document 476, SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Jose Guadalupe Ruiz Solis re Order 124 471 served on September 9, 2020. (Barnett, Amanda) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
478

Joint STIPULATION for Order to Modify Conditions of Release for Petitioner Rot Mythong filed by petitioners-plaintiffs Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Declaration of Gabrielle Melville in Support, # 2 Declaration of Lisa K. Okamoto in Support, # 3 Proposed Order)(Barnett, Amanda) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
479

SEALED DOCUMENT Supplemental Response re SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Alejandro Jeronimo Osorio re Order 124 448, Order on Sealed Motion (Generic sealed motion type event), 467, Order 124 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: # 1 Exhibit A - Declaration of Jose Gutierrez)(Chen, Hans) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
481

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 131 filed by David Marin, Chad F. Wolf, Matthew T. Albence, James Janecka, Notice of Appeal to 9th Circuit Court of Appeals,, 56 filed by David Marin, Chad F. Wolf, Matthew T. Albence, James Janecka. CCA # 20-55436, 20-55662. At oral argument, the parties shall be prepared to address whether there is still a live controversy between the parties that this court can and should decide about the appropriateness of the particular population reduction requirements in the preliminary injunction and the dates by which such reductions had to be accomplished, given that the deadlines for release are now long past and the detainee population at Adelanto has significantly decreased since the district court entered the preliminary injunction. (car) (Entered: 09/10/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
480

SEALED NOTICE OF MOTION AND MOTION re Bail Application filed by Petitioner Luis Yboy Flores re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman. (Attachments: # 1 Exhibits A-W)(Barnett, Amanda) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
482

SEALED DOCUMENT Daily Spreadsheet (September 10, 2020) re Order 124 filed by Petitioners Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez, Kelvin Hernandez Roman.(Barnett, Amanda) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 13, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Civil immigration detainees at the Adelanto Immigration and Customs Enforcement Processing Center, as well as those who were at the center any time between March 23, 2020 and the final disposition of the case

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Adelanto Detention Center (San Bernardino), County

Department of Homeland Security, Federal

ICE Los Angeles Field Office, Regional

Immigration and Customs Enforcement, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Reporting

Monitor/Master

Issues

General:

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Crowding / caseload

Medical/Mental Health:

Medical care, general

COVID-19:

CDC Guidance ordered implemented

Contact tracing ordered

COVID reporting ordered

COVID testing ordered/modified

Independent monitor/inspector imposed/assisted

Inspection ordered/regulated

Mitigation Denied

Mitigation Granted

Mitigation Requested

Population reduction/cap

PPE-ordered provided to prisoners for free

PPE-ordered worn by staff

Quarantine/isolation ordered

Release Granted

Release granted-group

Release granted-individual

Release-process created/modified

Release Requested

Sanitizer/Handsoap ordered made available/used

Social distancing ordered

Transfer-ordered or process created/modified

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions