Case: Zepeda Rivas v. Jennings

3:20-cv-02731 | U.S. District Court for the Northern District of California

Filed Date: April 20, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a class-action lawsuit brought on April 20, 2020, by seven individuals in immigration detention at the Mesa Verde Detention Facility (MVDF) and the Yuba County Jail (YCJ), seeking immediate release from unsafe conditions of the jail in light of the global coronavirus pandemic. The court granted the request for TRO on April 29, requiring ICE to provide information and access to detainees to facilitate a process of considering bail requests. On June 9, the court granted …

COVID-19 Summary: This is a class-action lawsuit brought on April 20, 2020, by seven individuals in immigration detention at the Mesa Verde Detention Facility (MVDF) and the Yuba County Jail (YCJ), seeking immediate release from unsafe conditions of the jail in light of the global coronavirus pandemic. The court granted the request for TRO on April 29, requiring ICE to provide information and access to detainees to facilitate a process of considering bail requests. On June 9, the court granted the motion for preliminary injunction and ordered the defendants to maintain the status quo while the case was pending. On August 5, the plaintiffs sought a TRO, claiming that the defendants' actions were insufficient and it was granted the next day. After the parties agreed to implement testing and other public safety protocols, the defendants filed a motion to dismiss and the plaintiffs responded with an amended class-action complaint. The court granted a second preliminary injunction on December 3, 2020, and a preliminary injunction related to a YCJ outbreak on January 6, 2021. The defendants appealed to the Ninth Circuit and the parties entered into mediation.

On April 20, 2020, seven noncitizens detained at the Mesa Verde Detention Facility (MVDF) and the Yuba County Jail (YCJ) filed this class-action lawsuit against Immigration and Customs Enforcement (ICE), seeking immediate release from what they said were unsafe jail conditions in light of the global coronavirus pandemic. Represented by the ACLU of Northern California and Southern California, the San Francisco Public Defender’s Office, Lawyers’ Committee for Civil Rights, and private attorneys, the plaintiffs brought this lawsuit as a habeas petition under 28 U.S.C. under § 2241, and as a declaratory action under 42 U.S.C. § 2201-02. They alleged that their detention violated the Administrative Procedure Act, and their First and Fifth Amendment rights by subjecting them to a serious risk of contracting COVID-19. The plaintiffs sought a declaratory judgment and injunctive relief for the release of detainees in order to maintain a number of detainees for social distancing and prohibition against placing plaintiff class members into solitary confinement as a means of achieving social distancing, as well as attorney fees. The case was filed in the U.S. District Court for the Northern District of California and initially assigned to Magistrate Judge Sallie Kim, then reassigned to Judge Vince Chhabria. Concurrent with the complaint, plaintiffs sought class certification and a temporary restraining order to release a sufficient number of putative class members in order to allow for social distancing. The proposed class consisted of all civil immigration detainees at Mesa Verde and YCJ, with two subclasses: the “YCJ Subclass” and the “Mesa Verde Subclass.”

Plaintiffs were detainees in custody of ICE, many of whom with a high risk of COVID-19 due to underlying medical conditions. However, the conditions they faced during detention had become so dire that detainees at Mesa Verde organized a hunger strike to call attention to the lack of hygiene products, proper testing, and continued foot traffic in and out of the facility. In response to the hunger strike, GEO Group, the ICE contractor that ran the facility, threatened to revoke their access to purchases from the commissary. On April 25, the defendants moved to stay these proceedings in light of a separate case, Fraihat v. ICE (here in the Clearinghouse) in which a federal judge had just certified a nationwide class of immigration detainees challenging ICE’s overall response to the pandemic. In this case, the court denied the defendant’s motion to stay on April 29, and granted the plaintiffs’ motion for class certification and motion for a temporary restraining order, requiring ICE to provide information and access to detainees to facilitate a process of considering bail requests. 2020 WL 2059848.

On May 27, the defendants sought an order that would: 

  • Confirm the TRO had expired;
  • End the ongoing bail process;
  • Vacate all bail orders; and,
  • Deny the plaintiff's motion for a preliminary injunction.

Two days later, the plaintiffs filed a brief opposing the expiration of the TRO. On June 9, the district court granted the motion for preliminary injunction. 2020 WL 3055449. The court found that although significant improvements had been made since the TRO, ICE had only made the safety improvements because it was ordered to do so. Therefore, the court found a preliminary injunction necessary to lock in place the safety improvements made. The defendants were ordered to maintain the status quo while the case was pending.

A status conference was held on June 19, and the court ordered the defendant to file a status report by June 22, regarding their planned response to the discovery that a member of the medical staff at Mesa Verde tested positive for COVID-19. ICE was ordered to respond to the plaintiff's discovery requests on an expedited basis by June 26. The defendant submitted status reports on June 22 and 25, reporting that the nurse is in self-isolation. Detainees who had exposure to the nurse tested negative. On June 29, the defendants reported that they would be implementing COVID-19 testing for all new arrivals on or about June 29 with a new Rapid RNA test that allowed for same-day results. They further reported that training for the medical staff and testing of the new equipment began the week of June 22. The same day, the defendants appealed to the Ninth Circuit and the Ninth Circuit ordered mediation on July 8.

On August 5, the plaintiffs moved for a TRO directing defendants to conduct rapid testing of all class members, clear a dorm to isolate all class members who tested positive for COVID-19, and to observe the limits on increased population in the remaining dorms as set out by the preliminary injunction order. The plaintiffs claimed that the defendants failed to take meaningful steps to halt an outbreak of COVID-19, and added more class members to MVDF than they released, increasing the density while the outbreak spread. They pointed out that the defendants also left symptomatic class members in their dorms to potentially infect other people, leading to more positive cases. In the motion, the plaintiffs alleged that "MVDF has failed to implement widespread testing of detainees and staff not because the facility lacks the resources to do so but precisely because MVDF has not developed a workable strategy for facilitating the isolation and cohorting that appropriately responding to many test results would require . . . In other words, widespread testing has not been done because Defendants fear they would not be able to handle the truths that it would reveal."

On August 6, the court granted the TRO, stating that "[t]he defendants, having responded to the health crisis in such a cavalier fashion (even in the face of litigation and a string of court orders), have lost the credibility to complain that the relief requested by the plaintiffs is too rigid or burdensome. The defendants have also lost the right to be trusted that they will accomplish on their own what the plaintiffs contend requires a court order to ensure." 2020 WL 4554646. The defendants were ordered to administer a COVID-19 test that returns rapid results to all detainees at the facility for each week at a minimum, maintain the current practice of not admitting new class members to the facility, maintain a dormitory to segregate detainees who test positive for COVID-19, and file daily reports about the status of the facility and the defendants’ efforts to manage COVID-19 risk. The plaintiffs’ request to impose a rigid cap of 35 detainees per dormitory was denied and the defendants were ordered to show cause why a preliminary injunction should not issue requiring the defendants to meet some or all of the above requirements on an ongoing basis pending final resolution of this case.

After the status conference held on August 11, the parties agreed that the defendants could exercise discretion regarding how frequently to re-test people who have already tested positive. The court ordered the defendants to provide more detailed information in their daily reports under threat of attorney sanction. GEO was ordered to submit a declaration explaining the current status of testing capacity and speed at Mesa Verde, and the defendants were ordered to enable class counsel to communicate with detainees who refused testing by both written communication to the Mesa Verde population as a whole, as well as real-time communication with the individual detainees who refused testing. The court also ordered that class members must agree to be tested prior to release, and that defendants are required to inform class counsel if any class member tests positive upon or after release. The parties were ordered to file briefs on the issue of whether it would be legally appropriate and practical for the court to issue an order requiring regular testing of all staff at Mesa Verde.

On August 14, the court ordered the defendants to administer point-of-care tests to everyone at Mesa Verde facility who had not already tested positive, and to file a submission answering the question of how it could be sufficient from a medical standpoint to check on people known to be infected with COVID only two times per day, considering the ongoing outbreak at the facility. The court denied the plaintiffs request to release everyone in the facility who had tested negative. The Court ordered that each staff member entering the facility be tested and that they be subsequently tested once a week until further notice. Staff members who declined testing were not allowed to enter the facility. The court further ordered the parties to file briefs discussing the appropriate level of care and monitoring necessary for a dorm full of people who have tested positive, the level of monitoring necessary to ensure that detainees are hospitalized promptly when needed, the assertion that people with COVID-19 are at greater risk of complications or death in the facility than if released, and who should pay for hospitalization and whether there are any financial disincentives to hospitalizing detainees. In the briefs, the plaintiffs criticized that the "[d]efendant's responses are not based on credible expert testimony[.]"

On August 21, the court ordered the defendants to create a written plan to improve their system of monitoring, caring for, and responding to medical assistance requests from detainees who had tested positive and who had health conditions that the CDC identified as creating an elevated risk of complications. During the course of the litigation, the court granted several bail requests, which the defendant appealed to the Ninth Circuit on August 31.

The defendants submitted a written plan based on CDC guidelines on August 31. They argued that no further court order was warranted and that the court should specify "in objective terms what the constitutional requirements are for treating COVID-19 patients" that was “narrowly tailored” to constitutional requirements. They argued that the plaintiffs' request of "acceptable standards” or otherwise to release additional detainees was too vague. On September 2, the plaintiffs objected to the defendants' written plan which they considered "outdated" and "incomplete" and merely defended its current practices and alleged that the defendants failed to meet and confer with them, contrary to the court's order. The defendants objected to this characterization of their written plan, and claimed that as of September 4, all of the detainees at Mesa Verde who tested positive for COVID-19 had recovered under the criteria set out by the CDC.

On September 21, the defendants submitted a motion to dismiss the plaintiffs' complaint. They argued that the plaintiffs did not have a viable First Amendment retaliation claim, as a hunger strike is not a First Amendment protected conduct, and that their action in curbing such conduct had a legitimate goal in seeking to prevent civil detainees from harming themselves. The court continued to grant bail requests and requested briefing on the matter of likelihood of reinfection, finding that it was sufficiently unlikely to warrant heightened concern. Judge Chhabria denied the motion as moot on October 16, 2020, allowing the plaintiffs to file an amended complaint.

The plaintiffs filed their amended complaint for declaratory and injunctive relief and habeas petition on October 30 that requested certification for two subclasses, confined their claims for relief to the due process claims, and argued that it was defendants’ resistance to testing and quarantine led to the massive outbreak in Mesa Verde between June and August. On November 2, the defendants filed a response arguing why the court should not issue a preliminary injunction requiring them to meet the conditions of the temporary restraining order pending resolution of the case. The defendants stated that the situation at Mesa Verde had evolved since the initial issuance of the August 6 order, there had been no positive cases in 3 months and had created intake procedures to use if intakes into the facility were to be allowed; ultimately they argued that the conditions required by the temporary restraining order now went beyond what was necessary to address a constitutional harm.The plaintiffs responded to the defendants on November 10, arguing that the situation at Mesa Verde still required the court's oversight and that the defendants' factual assertions about compliance with CDC and ICE guidelines were misrepresentations.

On December 3, 2020, Judge Chhabria granted the plaintiffs' motion for a second preliminary injunction, citing to the inconsistencies and misrepresentations in the record of how the defendants were caring for the detainees in Mesa Verde, especially given the 15 staff members who had recently tested positive for COVID-19 after several months of no positive cases. Judge Chhabria ordered the defendants to:

  1. maintain the dorm reserved for positive-test detainees;
  2. perform pre-intake screening for COVID-19 symptoms including temperature and verbal checks, and reserve a dorm for quarantining new intakes for 14 days;
  3. limit each dorm's population sufficiently to allow for bunk beds to be spaced at least 6 feet apart;
  4. administer rapid-result testing to all detainees and staff, isolate detainees who test positive and ensure that staff do not work;
  5. isolate any symptomatic detainees and offer them a test;
  6. report positive tests to plaintiff's counsel immediately and file weekly status reports; and
  7. not transfer detainees out of Mesa Verde unless necessary for medical care, security, release/removal, or to prevent overcrowding.

The plaintiffs filed a motion for temporary restraining order on December 23, citing a new outbreak in YCJ, asking the court to step in and require protections for the class members detained in YCJ - including testing, isolation, prohibition of intakes and better hygiene supplies. The defendants filed their opposition, but Judge Chhabria granted the motion in part later that evening. The defendants were required to prevent new intakes into YCJ until the end of the outbreak (after there had been no new positive tests for 2 consecutive weeks), give rapid antigen tests to symptomatic class members and those who had been in close contact with a positive individual, individual isolation for symptomatic class members and isolate all individuals who test positive (either individually or with other positive detainees), clean and disinfect any cell or bunk prior to transfer, provide disposable masks to all class members daily, and provide daily updates to the court.

On January 6, 2021, Judge Chhabria converted the December 23 temporary restraining order to a preliminary injunction, requiring the defendants to continue the prescribed preventative measures for the duration of the outbreak in YCJ. On January 19, the defendants filed a motion to dismiss the compliant, strike portions of the complaint, or transfer the matter to the Eastern District of California. On February 1, the federal defendants filed two appeals to the Ninth Circuit regarding the preliminary injunctions, which were later consolidated and sent to mediation (Case Nos. 21-15195 and 21-15197).

Back in the district court, the plaintiffs filed a status report noting the defendants' noncompliance with the January 6 preliminary injunction for YCJ. They cited the defendants' inability to provide accurate and timely information, lack of clean cells, and not following protocols for determining when to quarantine or isolate individuals. Additionally, they cited the Pekoske Memo, which was a newly released DHS document regarding immigration enforcement and COVID-19 protocols in detention. The plaintiffs requested further relief, which Judge Chhabria denied in part, only requiring the defendants to provide testing information for each class member at YCJ going back to December 11, 2020, and required the parties to meet further on the effect of the Pekoske memo to the case.

Judge Chhabria denied the defendant's motion to dismiss on February 23, 2021, stating that GEO qualified as state actors for the purpose of the constitutional claim and denied the motion to transfer as frivolous. Judge Chhabria also denied the plaintiffs' request for further relief related to the Pekoske memo on March 16. Following initial mediation related to the appeals, the parties requested a stay of discovery and future case management deadlines in the district court while they sought to resolve the case in mediation. Judge Chhabria granted the stay on March 18, 2021.

On March 27, the GEO defendants filed a motion to modify the December 3, 2020, preliminary injunction, requesting removal of the population cap in dorms that housed fully-vaccinated detainees and to eliminate weekly testing requirement for all fully vaccinated detainees and staff unless they were exposed to a positive individual or were symptomatic. On June 1, the GEO defendants further moved to modify the preliminary injunction to permit a total population of 300 detainees or less. The plaintiffs opposed this motion on June 3, arguing that the motion was not permissible since the parties had agreed to defer briefing and argument on the motion pending mediation at the appellate level and that further discovery would be required in order to fully brief the motion. Judge Chhabria denied the plaintiffs motion but stayed the briefing schedule on the motion to modify.

On July 14, 2021, the parties notified the court that they had reached an agreement in principle and that the Ninth Circuit had set a deadline of 60 days for the federal defendants to file a motion to dismiss the appeal; they stated this motion for dismissal, due September 14, would fully resolve the case and address the preliminary injunctions and their population caps, at issue in the GEO defendants' motions to modify.

The plaintiffs filed the parties' proposed settlement, seeing its preliminary approval, on January 27, 2022. Under the terms of the proposed settlement, the government agreed to significant limitations on their authority to re-detain individuals released during the course of the lawsuit. In addition, the defendants agreed to provide health and safety protections for those remaining in custody. This includes a temporary population cap and ongoing population limits to allow for social distancing; testing and vaccination mandates for staff and people in custody; the release of vulnerable people; and compliance with CDC guidance. The settlement stated that the court would dismiss the action with prejudice, except that it would retain jurisdiction over all disputes relating to interpretation and enforcement for three years,

The parties agreed that the government would pay $4 million in attorneys fees and would follow the government's ordinary process for submitting plaintiffs' request for payment of $120,000 in costs.

The court preliminarily approved the settlement and scheduled a hearing for consideration of final approval. There were some delays, but after notice was provided to class members, none of them objected to the terms of the settlement. On May 27, 2022, the plaintiffs filed an unopposed motion for final approval of the settlement agreement. Judge Chhabria granted both the motions for attorneys fees and final approval of the settlement agreement on June 9, 2022. 

Summary Authors

Averyn Lee (9/25/2020)

Chandler Hart-McGonigle (11/22/2020)

Caitlin Kierum (9/7/2021)

Hannah Juge (6/13/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17084894/parties/zepeda-rivas-v-jennings/


Judge(s)

Chhabria, Vince Girdhari (California)

Attorney for Plaintiff

Beier, Genna Ellis (California)

Bernwanger, Bree (California)

Attorney for Defendant

Anderson, David Lloyd (California)

Expert/Monitor/Master/Other

Bonnar, Erik (California)

Judge(s)

Chhabria, Vince Girdhari (California)

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Documents in the Clearinghouse

Document

3:20-cv-02731

Docket [PACER]

Sept. 6, 2021

Sept. 6, 2021

Docket
1

3:20-cv-02731

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

April 20, 2020

April 20, 2020

Complaint
5 & 5-1 to 5-5

3:20-cv-02731

Petitioners-Plaintiffs' Notice of Motion and Motion for Temporary Restraining Order

April 20, 2020

April 20, 2020

Pleading / Motion / Brief
5-6, 5-7 & 35

3:20-cv-02731

Declarations in Support of Petitioners-Plaintiffs' Motion for Temporary Restraining Order

April 20, 2020

April 20, 2020

Declaration/Affidavit
6 & 6-1 to 6-14

3:20-cv-02731

Plaintiffs-Petitioners' Notice of Motion and Motion for Provisional Class Certification; Memorandum of Points and Authorities in Support Thereof

April 20, 2020

April 20, 2020

Pleading / Motion / Brief
37 & 37-1 to 37-20

3:20-cv-02731

Federal Defendants' Opposition to Motions for TRO and Provisional Class Certification, and Motion to Stay in Light of Fraihart

April 25, 2020

April 25, 2020

Pleading / Motion / Brief
39 & 39-1 to 39-5

3:20-cv-02731

Reply in Support of Petitioners-Plaintiffs' Motion for Temporary Restraining Order

April 27, 2020

April 27, 2020

Pleading / Motion / Brief
50

3:20-cv-02731

Federal Defendants' Reply in Support of Motion to Stay in Light of Fraihat

April 27, 2020

April 27, 2020

Pleading / Motion / Brief
41

3:20-cv-02731

Reply in Support of Petitioners-Plaintiffs' Motion for Class Certification

April 27, 2020

April 27, 2020

Pleading / Motion / Brief
40

3:20-cv-02731

Opposition to Motion to Stay in Light of Fraihat (ECF NO. 38)

April 27, 2020

April 27, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17084894/zepeda-rivas-v-jennings/

Last updated Jan. 25, 2024, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-14393143.). Filed byJAVIER ALFARO, LAWRENCE KURIA MWAURA, DUNG TUAN DANG, BRENDA RUBI RUIZ TOVAR, LUCIANO GONZALO MENDOZA JERONIMO, ANGEL DE JESUS ZEPEDA RIVAS, CORAIMA YARITZA SANCHEZ NUEZ. (Attachments: # 1 Civil Cover Sheet)(Freeman, William) (Filed on 4/20/2020) Modified on 4/21/2020 (mclS, COURT STAFF). (Entered: 04/20/2020)

1 Civil Cover Sheet Civil Cover Sheet

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April 20, 2020

April 20, 2020

Clearinghouse
2

Proposed Summons. (Freeman, William) (Filed on 4/20/2020) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
3

Proposed Summons. (Freeman, William) (Filed on 4/20/2020) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
4

Proposed Summons. (Freeman, William) (Filed on 4/20/2020) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
5

First MOTION for Temporary Restraining Order filed by JAVIER ALFARO, DUNG TUAN DANG, LUCIANO GONZALO MENDOZA JERONIMO, LAWRENCE KURIA MWAURA, BRENDA RUBI RUIZ TOVAR, CORAIMA YARITZA SANCHEZ NUEZ, ANGEL DE JESUS ZEPEDA RIVAS. (Attachments: # 1 *** ERRONEOUS ENTRY - SEE 35 *** Declaration of Sandra Hernandez, # 2 Declaration of Robert B. Greifinger, MD, # 3 Declaration of Dr. Ranit Mishori (MD, MHS, FAAFP), # 4 Declaration of Lisa Knox Regarding Conditions of Confinement at the Mesa Verde ICE Processing Facility, # 5 Declaration of Attorney Kathleen Anne Kavanagh Regarding Conditions of Confinement at Yuba County Jail, # 6 Declaration of Sean Riordan in Support of Petitioners-Plaintiffs' Motion for Temporary Restraining Order, # 7 Proposed Temporary Restraining Order)(Freeman, William) (Filed on 4/20/2020) Modified on 4/27/2020 (mclS, COURT STAFF). (Entered: 04/20/2020)

1 Declaration Declaration of Sandra Hernandez

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2 Declaration Declaration of Robert B. Greifinger, MD

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3 Declaration Declaration of Dr. Ranit Mishori (MD, MHS, FAAFP)

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4 Declaration Declaration of Lisa Knox Regarding Conditions of Confinement at the

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5 Declaration Declaration of Attorney Kathleen Anne Kavanagh Regarding Conditions

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6 Declaration Declaration of Sean Riordan in Support of Petitioners-Plaintiffs

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7 Proposed Order [Proposed] Temporary Restraining Order

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April 20, 2020

April 20, 2020

Clearinghouse
6

First MOTION to Certify Class filed by JAVIER ALFARO, DUNG TUAN DANG, LUCIANO GONZALO MENDOZA JERONIMO, LAWRENCE KURIA MWAURA, BRENDA RUBI RUIZ TOVAR, CORAIMA YARITZA SANCHEZ NUEZ, ANGEL DE JESUS ZEPEDA RIVAS. Responses due by 4/24/2020. Replies due by 4/27/2020. (Attachments: # 1 Declaration Declaration of Angel Zepeda, # 2 Declaration Declaration of Brenda Rubi Ruiz Tovar, # 3 Declaration Declaration of Lawrence Kuria Mwaura, # 4 Declaration Declaration of Luciano Gonzalo Mendoza Joronimo, # 5 Declaration Declaration of Coraima Yaritza Sanchez Nuez, # 6 Declaration Declaration of Javier Alfaro, # 7 Declaration Declaration Dung Tuan Dang, # 8 Declaration Declaration of William S. Freeman in Support of Motion for Class Certification, # 9 Declaration Declaration of Bree Bernwanger in Support of Motion for Class Certification, # 10 Declaration Declaration of Martin S. Schenker in Support of Motion for Class Certification, # 11 Declaration Declaration of Genna Ellis Beier in Support of Motion for Class Certification, # 12 Declaration Declaration of Jordan Wells in Support of Motion for Class Certification, # 13 Declaration Declaration of Judah Lakin in Support of Motion for Class Certification, # 14 Proposed Order [Proposed] Order Granting Petitioners-Plaintiffs' Motion for Provisional Class Certification)(Freeman, William) (Filed on 4/20/2020) (Entered: 04/20/2020)

1 Declaration Declaration of Angel Zepeda

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2 Declaration Declaration of Brenda Rubi Ruiz Tovar

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3 Declaration Declaration of Lawrence Kuria Mwaura

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4 Declaration Declaration of Luciano Gonzalo Mendoza Joronimo

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5 Declaration Declaration of Coraima Yaritza Sanchez Nuez

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6 Declaration Declaration of Javier Alfaro

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7 Declaration Declaration Dung Tuan Dang

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8 Declaration Declaration of William S. Freeman in Support of Motion for Class Cer

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9 Declaration Declaration of Bree Bernwanger in Support of Motion for Class Certif

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10 Declaration Declaration of Martin S. Schenker in Support of Motion for Class Cer

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11 Declaration Declaration of Genna Ellis Beier in Support of Motion for Class Cert

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12 Declaration Declaration of Jordan Wells in Support of Motion for Class Certifica

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13 Declaration Declaration of Judah Lakin in Support of Motion for Class Certificat

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14 Proposed Order [Proposed] Order Granting Petitioners-Plaintiffs' Motion for

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April 20, 2020

April 20, 2020

Clearinghouse
7

CERTIFICATE OF SERVICE by JAVIER ALFARO, DUNG TUAN DANG, LUCIANO GONZALO MENDOZA JERONIMO, LAWRENCE KURIA MWAURA, BRENDA RUBI RUIZ TOVAR, CORAIMA YARITZA SANCHEZ NUEZ, ANGEL DE JESUS ZEPEDA RIVAS re 6 First MOTION to Certify Class, 2 Proposed Summons, 5 First MOTION for Temporary Restraining Order, 3 Proposed Summons, 4 Proposed Summons, 1 Complaint, (Freeman, William) (Filed on 4/20/2020) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
8

Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/5/2020. (ajsS, COURT STAFF) (Filed on 4/21/2020) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER

~Util - Case Assigned by Intake

April 21, 2020

April 21, 2020

PACER
9

NOTICE of Appearance by Genna Ellis Beier (Beier, Genna) (Filed on 4/21/2020) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

RECAP
10

NOTICE of Appearance by Jordan Samuel Wells FOR PETITIONERS-PLAINTIFFS (Wells, Jordan) (Filed on 4/21/2020) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
11

NOTICE of Appearance by Hayden Miles Rodarte (Rodarte, Hayden) (Filed on 4/21/2020) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
12

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/13/2020. Initial Case Management Conference set for 7/20/2020 01:30 PM. (mclS, COURT STAFF) (Filed on 4/21/2020) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
13

Summons Issued as to Matthew T. Albence, David Jennings, US Immigration and Customs Enforcement. (mclS, COURT STAFF) (Filed on 4/21/2020) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
14

Summons Issued as to Geo Group, Inc. (mclS, COURT STAFF) (Filed on 4/21/2020) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
15

Summons Issued as to Nathan Allen. (mclS, COURT STAFF) (Filed on 4/21/2020) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
16

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Matthew T. Albence, David Jennings, US Immigration and Customs Enforcement.. (Garbers, Wendy) (Filed on 4/21/2020) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

RECAP
17

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

Clerk's Notice of Impending Reassignment - Text Only

April 22, 2020

April 22, 2020

PACER
18

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 04/22/2020. (Attachments: # 1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 4/22/2020) (Entered: 04/22/2020)

1 Notice of Eligibility for Video Recording

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April 22, 2020

April 22, 2020

PACER
19

NOTICE of Appearance by Judah Ben Lakin (Lakin, Judah) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
20

*** DUPLICATE ENTRY *** NOTICE of Appearance by Judah Ben Lakin (Lakin, Judah) (Filed on 4/22/2020) Modified on 4/22/2020 (mclS, COURT STAFF). (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
21

NOTICE of Appearance by Martin S. Schenker (Schenker, Martin) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
22

NOTICE of Appearance by Adrienne Zack (Zack, Adrienne) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
23

ORDER REQUIRING RESPONSE TO TRO APPLICATION. Signed by Judge Vince Chhabria on 4/22/2020. (vclc1S, COURT STAFF) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
24

NOTICE of Appearance by Sean Connor Riordan (Riordan, Sean) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
25

NOTICE of Appearance by Angelica Salceda (Salceda, Angelica) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
26

ADMINISTRATIVE MOTION for Additional Time to Respond to TRO re 23 Order filed by Matthew T. Albence, David Jennings, US Immigration and Customs Enforcement. Responses due by 4/27/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Zack, Adrienne) (Filed on 4/22/2020) (Entered: 04/22/2020)

1 Exhibit A

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2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Proposed Order

View on PACER

April 22, 2020

April 22, 2020

PACER
27

ORDER Requiring Response to Motion for Provisional Class Certification. Signed by Judge Vince Chhabria on 4/22/2020. (vclc2S, COURT STAFF) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

RECAP
28

ORDER Extending Response Deadlines. Signed by Judge Vince Chhabria. (vclc2S, COURT STAFF) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

RECAP
29

STIPULATION WITH PROPOSED ORDER To Increase Page Limit filed by Matthew T. Albence, David Jennings, US Immigration and Customs Enforcement. (Zack, Adrienne) (Filed on 4/23/2020) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
30

NOTICE of Appearance by Emilou MacLean (MacLean, Emilou) (Filed on 4/23/2020) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
31

REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 7/15/2020. Initial Case Management Conference set for 7/22/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 4/24/2020) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER

Clerk's Notice

April 24, 2020

April 24, 2020

PACER
32

ORDER by Judge Vince Chhabria granting 29 Stipulation to Extend Page Limits. (vclc2S, COURT STAFF) (Filed on 4/24/2020) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

RECAP
33

ORDER re Filings. Signed by Judge Vince Chhabria on 4/24/2020. (vclc2S, COURT STAFF) (Filed on 4/24/2020) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

RECAP
34

NOTICE by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas re 5 First MOTION for Temporary Restraining Order Notice of Withdrawal of Declaration of Dr. Ranit Mishori (ECF 5-3) (Freeman, William) (Filed on 4/24/2020) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
35

Declaration of Sandra Hernandez in Support of 5 First MOTION for Temporary Restraining Order CORRECTION OF DOCKET # [5-1] filed byJavier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas. (Related document(s) 5 ) (Freeman, William) (Filed on 4/25/2020) (Entered: 04/25/2020)

April 25, 2020

April 25, 2020

PACER
36

NOTICE of Appearance by Francisco Ugarte (Ugarte, Francisco) (Filed on 4/25/2020) (Entered: 04/25/2020)

April 25, 2020

April 25, 2020

PACER
37

OPPOSITION/RESPONSE (re 5 First MOTION for Temporary Restraining Order, 6 First MOTION to Certify Class ) and Memorandum in Support of Motion to Stay filed byMatthew T. Albence, David Jennings, US Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Erik Bonnar, # 2 Exhibit A, # 3 Declaration of Polly Kaiser, # 4 Exhibit A, # 5 Declaration of Dana Fishburn, First, # 6 Declaration of Alexander Pham, # 7 Exhibit 1, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Declaration of Dana Fishburn, Second, # 15 Exhibit 1, # 16 Exhibit 2, # 17 Exhibit 3, # 18 Exhibit 4, # 19 Exhibit 5, # 20 Exhibit 6)(Zack, Adrienne) (Filed on 4/25/2020) (Entered: 04/25/2020)

1 Declaration of Erik Bonnar

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2 Exhibit A

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3 Declaration of Polly Kaiser

View on RECAP

4 Exhibit A

View on PACER

5 Declaration of Dana Fishburn, First

View on PACER

6 Declaration of Alexander Pham

View on RECAP

7 Exhibit 1

View on PACER

8 Exhibit 2

View on PACER

9 Exhibit 3

View on PACER

10 Exhibit 4

View on PACER

11 Exhibit 5

View on PACER

12 Exhibit 6

View on PACER

13 Exhibit 7

View on PACER

14 Declaration of Dana Fishburn, Second

View on PACER

15 Exhibit 1

View on PACER

16 Exhibit 2

View on PACER

17 Exhibit 3

View on PACER

18 Exhibit 4

View on PACER

19 Exhibit 5

View on PACER

20 Exhibit 6

View on PACER

April 25, 2020

April 25, 2020

Clearinghouse
38

MOTION to Stay re 37 Opposition/Response to Motion,,, filed by Matthew T. Albence, David Jennings, US Immigration and Customs Enforcement. Responses due by 5/11/2020. Replies due by 5/18/2020. (Zack, Adrienne) (Filed on 4/25/2020) (Entered: 04/25/2020)

April 25, 2020

April 25, 2020

RECAP
39

REPLY (re 5 First MOTION for Temporary Restraining Order ) filed byJavier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas. (Attachments: # 1 Supplemental Declaration of Greifinger, MD ISO of Motion for Temporary Restraining Order, # 2 Declaration of Hayden Rodarte ISO of Motion for Temporary Restraining Order, # 3 Rodarte Declaration Exh. A, # 4 Rodarte Declaration Exh. B, # 5 Rodarte Declaration Exh. C)(Freeman, William) (Filed on 4/27/2020) Modified on 4/27/2020 (mclS, COURT STAFF). (Entered: 04/27/2020)

1 Declaration Supplemental Declaration of Greifinger, MD ISO of Motion for Tempora

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2 Declaration Declaration of Hayden Rodarte ISO of Motion for Temporary Restrainin

View on RECAP

3 Exhibit Rodarte Declaration Exh. A

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4 Exhibit Rodarte Declaration Exh. B

View on PACER

5 Exhibit Rodarte Declaration Exh. C

View on PACER

April 27, 2020

April 27, 2020

Clearinghouse

Set Motion and Deadlines/Hearings

April 27, 2020

April 27, 2020

PACER
40

OPPOSITION/RESPONSE (re 38 MOTION to Stay re 37 Opposition/Response to Motion,,, ) filed byJavier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas. (Freeman, William) (Filed on 4/27/2020) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

Clearinghouse
41

REPLY (re 6 First MOTION to Certify Class ) filed byJavier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas. (Freeman, William) (Filed on 4/27/2020) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

Clearinghouse
42

CERTIFICATE OF SERVICE by Angel de Jesus Zepeda Rivas re 39 Reply to Opposition/Response,, 40 Opposition/Response to Motion, 41 Reply to Opposition/Response, (Freeman, William) (Filed on 4/27/2020) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
43

MOTION for leave to appear in Pro Hac Vice Timothy W. Cook ( Filing fee $ 310, receipt number 0971-14412537.) filed by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas. (Cook, Timothy) (Filed on 4/27/2020) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
44

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14412259.) filed by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas. (Attachments: # 1 Certificate of Good Standing)(Unger, Francisco) (Filed on 4/27/2020) Modified on 4/27/2020 (mclS, COURT STAFF). (Entered: 04/27/2020)

1 Certificate/Proof of Service Certificate of Good Standing

View on PACER

April 27, 2020

April 27, 2020

PACER
45

NOTICE of Appearance by Amalia Margarete Wille (Wille, Amalia) (Filed on 4/27/2020) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
46

ORDER re Hearing. Signed by Judge Vince Chhabria on 4/27/2020. (vclc2S, COURT STAFF) (Filed on 4/27/2020) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

RECAP
47

CLERK'S NOTICE REGARDING THE ZOOM WEBINAR HEARING ON 4/28/2020; REGISTRATION OF COUNSEL IN ADVANCE REQUIRED, SEE BELOW. Pre-registration by counsel with the clerk in advance of the hearings must be done by emailing a list of names of counsel who will be participating in the hearing to vccrd@cand.uscourts.gov by no later than Tuesday, April 28, 2020, at 10:00 AM PST. All counsel, public, and press will join the webinar as attendees and be able to see and hear what is going on throughout all of the proceedings, but will not be able to actually participate in the proceedings until the Court switches them over to a participant. Before each case is called, counsel who have pre-registered with the clerk in advance of the hearing will be converted from attendee to participant. Once the hearing ends for their case, they will be switched back to attendee. The links below are for all counsel, members of the public and press to use for accessing the hearing on Tuesday, April 28, 2020, at 2:00 PM PST. Please click the link below to join the webinar: https://us02web.zoom.us/j/81447675132?pwd=K21iUjhjR1FWa2t6cG93cTgrelc5Zz09 Password: 271367 Or iPhone one-tap : US: +12532158782,,81447675132# or +13017158592,,81447675132# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 301 715 8592 or +1 312 626 6799 or +1 346 248 7799 or +1 669 900 6833 or +1 929 205 6099 Webinar ID: 814 4767 5132 Password: 271367 International numbers available: https://us02web.zoom.us/u/kdLygkbga3 Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) or 162.255.36.11 (US East) Meeting ID: 814 4767 5132 Password: 271367 SIP: 81447675132@zoomcrc.com Password: 271367 (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1S, COURT STAFF) (Filed on 4/27/2020) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
48

Order by Judge Vince Chhabria granting 43 Motion for Pro Hac Vice - Cook.(knm, COURT STAFF) (Filed on 4/27/2020) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
49

Order by Judge Vince Chhabria granting 44 Motion for Pro Hac Vice - Unger.(knm, COURT STAFF) (Filed on 4/27/2020) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
50

REPLY (re 38 MOTION to Stay re 37 Opposition/Response to Motion,,, ) filed byMatthew T. Albence, David Jennings, US Immigration and Customs Enforcement. (Zack, Adrienne) (Filed on 4/27/2020) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

Clearinghouse

Set Hearing as to 6 First MOTION to Certify Class, 38 MOTION to Stay re 37 Opposition/Response to Motion, 5 First MOTION for Temporary Restraining Order . Motion Hearing set for 4/28/2020 02:00 PM in San Francisco, Chambers before Judge Vince Chhabria. (knm, COURT STAFF) (Filed on 4/27/2020)

April 27, 2020

April 27, 2020

PACER
51

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byMatthew T. Albence, Nathan Allen, David Jennings, US Immigration and Customs Enforcement. (Garbers, Wendy) (Filed on 4/28/2020) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER

Clerk's Notice

April 28, 2020

April 28, 2020

PACER

Set Motion and Deadlines/Hearings

April 28, 2020

April 28, 2020

PACER
55

Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom Webinar on 4/28/2020 re 38 MOTION to Stay; 6 First MOTION to Certify Class; and 5 First MOTION for Temporary Restraining Order.The Court heard oral argument and will issue a written order.Total Time in Court: 1 hour 45 minutes. Court Reporter: Hearing recorded via Zoom Webinar. Plaintiff Attorney: Emilou Maclean, Sean Riordan, Jordan Wells, Judah Lakin, Martin Schenker, Timothy Cook. Defendant Attorney: Adrienne Zack, Wendy Garbers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 4/28/2020) Modified on 5/6/2020: Matter was not transcribed (see Docket #110). (rjdS, COURT STAFF). Modified on 7/7/2020: Matter transcribed by Pam Hebel. (rjdS, COURT STAFF). (Entered: 04/29/2020)

April 28, 2020

April 28, 2020

PACER
52

STIPULATION WITH PROPOSED ORDER for Protective Order filed by Matthew T. Albence, David Jennings, US Immigration and Customs Enforcement. (Attachments: # 1 Proposed Protective Order)(Zack, Adrienne) (Filed on 4/29/2020) (Entered: 04/29/2020)

1 Proposed Protective Order

View on PACER

April 29, 2020

April 29, 2020

RECAP

Motion Hearing

April 29, 2020

April 29, 2020

PACER

Set Deadlines/Hearings

April 29, 2020

April 29, 2020

PACER
53

ORDER by Judge Vince Chhabria denying 38 Motion to Stay; granting 5 Motion for TRO; granting 6 Motion to Certify Class. (vclc2S, COURT STAFF) (Filed on 4/29/2020) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

Clearinghouse
54

ORDER by Judge Vince Chhabria granting 52 Stipulated Protective Order. (vclc2S, COURT STAFF) (Filed on 4/29/2020) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

RECAP

CLERK'S NOTICE REGARDING THE ZOOM WEBINAR CASE MANAGEMENT CONFERENCE ON 4/30/2020; REGISTRATION OF COUNSEL IN ADVANCE REQUIRED, SEE BELOW. Case Management Conference set for 4/30/2020 at 4:00 PM by Zoom Webinar. Pre-registration by counsel with the clerk in advance of the hearings must be done by emailing a list of names of counsel who will be participating in the hearing to vccrd@cand.uscourts.gov by no later than Thursday, April 30, 2020, at 11:00 AM PST. The public and press will join the webinar as attendees and be able to see and hear what is going on throughout all of the proceedings, but will not be able to actually participate in the proceedings. Counsel who have pre-registered with the clerk in advance will receive individualized invitations to participate.The links below are for members of the public and press to use for accessing the hearing on Thursday, April 30, 2020, at 4:00 PM. Please click the link below to join the webinar: https://us02web.zoom.us/j/84908264880?pwd=UzZ0ajBlcHdtRkNBOTJPVFVPallFdz09 Password: 725800 Or iPhone one-tap : US: +12532158782,,84908264880# or +13017158592,,84908264880# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 301 715 8592 or +1 312 626 6799 or +1 346 248 7799 or +1 669 900 6833 or +1 929 205 6099 Webinar ID: 849 0826 4880 Password: 725800 International numbers available: https://us02web.zoom.us/u/kce0pNWcpoOr an H.323/SIP room system: H.323: 162.255.37.11 (US West) or 162.255.36.11 (US East) Meeting ID: 849 0826 4880 Password: 725800 SIP: 84908264880@zoomcrc.com Password: 725800 (vclc1S, COURT STAFF) (Filed on 4/29/2020)

April 29, 2020

April 29, 2020

PACER
56

MOTION for leave to appear in Pro Hac Vice of Bree Bernwanger ( Filing fee $ 310, receipt number 0971-14423129.) filed by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas. (Bernwanger, Bree) (Filed on 4/29/2020) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
57

ORDER re Case Management Conference. Signed by Judge Vince Chhabria on 4/30/2020. (vclc2S, COURT STAFF) (Filed on 4/30/2020) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

RECAP
58

CASE MANAGEMENT STATEMENT filed by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas. (Freeman, William) (Filed on 4/30/2020) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

RECAP
59

Order by Judge Vince Chhabria granting 56 Motion for Pro Hac Vice - Bernwanger.(knm, COURT STAFF) (Filed on 4/30/2020) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
60

CLERK'S NOTICE SETTING ZOOM WEBINAR CASE MANAGEMENT CONFERENCE ON 5/1/2020. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL REQUIRED -- SEE BELOW. A case management conference is set for 3:00 PM PDT on May 1, 2020. Pre-registration by counsel with the clerk in advance of the hearings must be done by emailing a list of names of counsel who will be participating in the hearing to vccrd@cand.uscourts.gov by no later than Friday, May 1, 2020, at 11:00 AM PDT. The public and press will join the webinar as attendees and be able to see and hear what is going on throughout all of the proceedings, but will not be able to actually participate in the proceedings. Counsel who have pre-registered with the clerk in advance will receive individualized invitations to participate. The links below are for members of the public and press to use for accessing the hearing on Friday, May 1, 2020, at 3:00 PM. Please click the link below to join the webinar: https://us02web.zoom.us/j/82623464991?pwd=SXNYbnVlNEI4WUt0TFl0QmFYajZpQT09Password: 228548Or iPhone one-tap : US: +13462487799,,82623464991# or +16699006833,,82623464991# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 346 248 7799 or +1 669 900 6833 or +1 929 205 6099 or +1 253 215 8782 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 826 2346 4991 Password: 228548 International numbers available: https://us02web.zoom.us/u/khr20rXOuOr an H.323/SIP room system: H.323: 162.255.37.11 (US West) or 162.255.36.11 (US East) Meeting ID: 826 2346 4991 Password: 228548 SIP: 82623464991@zoomcrc.com Password: 228548 (This is a text-only entry generated by the court. There is no document associated with this entry.). (vclc1S, COURT STAFF) (Filed on 4/30/2020) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
91

Minute Entry for proceedings held before Judge Vince Chhabria: Case Management Conference held on 4/30/2020. Plaintiffs may file requests for bond on behalf of detainees with medical vulnerabilities and minimal criminal histories Friday, May 1. The government may file responses by Monday, May 4. Although multiple requests can and should be filed at one time, the parties are asked to attach a separate pdf document for each detainee. Compare Dkt. No. 79 (correct) with Dkt. No. 85 (incorrect). The Court grants advance permission to file redacted versions of documents publicly, with unredacted versions under seal. Only extraordinarily sensitive medical information should be redacted and sealed.The parties were ordered to file a stipulated briefing schedule for the preliminary injunction phase as discussed in the hearing.The government was ordered to provide information regarding each detainee's dorm unit and individual attorney by no later than Monday, May 4 at 10:00 AM, and preferably in the spreadsheet to be produced Friday, May 1.The parties were ordered to file a stipulated class notice, or competing class notices, by Friday, May 1 at 2:00 PM.The plaintiffs were ordered to file a brief by noon on Friday, May 1 regarding the necessity of consent to magistrate judge jurisdiction over bail determinations.The plaintiffs were ordered to file a brief by noon on Friday, May 1 regarding the applicable standard for bail determinations. The government's response brief was due Sunday, May 3 at noon.An additional case management conference was scheduled for Friday, May 1, 2020, at 3:00 PM PDT. Total Time in Court: 2:39. Court Reporter: Zoom Webinar. Plaintiff Attorneys: Emilou Maclean, Angelica Salceda, and Marty Schenker. Defendant Attorneys: Adrienne Zack and Wendy Garbers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1S, COURT STAFF) (Date Filed: 5/5/2020) Modified on 5/5/2020 (knm, COURT STAFF). Modified on 5/6/2020: Matter was not transcribed (see Docket #110). (rjdS, COURT STAFF). Modified on 7/7/2020: Matter transcribed by Pam Hebel. (rjdS, COURT STAFF). (Entered: 05/05/2020)

April 30, 2020

April 30, 2020

PACER
61

Brief Supplemental Brief on Burden in Bail Assessments filed byJavier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas. (Riordan, Sean) (Filed on 5/1/2020) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

RECAP

~Util - Teleconference Zoom

May 1, 2020

May 1, 2020

PACER

Clerk's Notice

May 1, 2020

May 1, 2020

PACER
62

Brief PETITIONERS-PLAINTIFFS MEMORANDUM OF LAW REGARDING STATUTORY AUTHORITY OF MAGISTRATE JUDGES filed byJavier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas. (Freeman, William) (Filed on 5/1/2020) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

Clearinghouse
63

Tentative Uniform Conditions of Release. Signed by Judge Vince Chhabria on 5/1/2020. (vclc2S, COURT STAFF) (Filed on 5/1/2020) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

RECAP
64

NOTICE by Matthew T. Albence, David Jennings, US Immigration and Customs Enforcement of Proposed Class Notice (Attachments: # 1 Proposed Class Notice)(Zack, Adrienne) (Filed on 5/1/2020) (Entered: 05/01/2020)

1 Proposed Class Notice

View on PACER

May 1, 2020

May 1, 2020

PACER
65

Draft Short Form Bail Application Template. Signed by Judge Vince Chhabria on 5/1/2020. (vclc2S, COURT STAFF) (Filed on 5/1/2020) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

RECAP
66

NOTICE by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas NOTICE OF REQUEST FOR RELEASE OF JOSE LUIS LOPEZ-GUEVARA (Salceda, Angelica) (Filed on 5/1/2020) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

RECAP
67

Proposed Order JOINT [PROPOSED] ORDER RE BRIEFING AND HEARING SCHEDULE FOR MOTION FOR PRELIMINARY INJUNCTION by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas. (Freeman, William) (Filed on 5/1/2020) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
68

NOTICE by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas PETITIONERS-PLAINTIFFS PROPOSED CLASS NOTICE (Freeman, William) (Filed on 5/1/2020) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
69

CLERK'S NOTICE SETTING ZOOM WEBINAR CASE MANAGEMENT CONFERENCE ON 5/5/2020. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL REQUIRED -- SEE BELOW. A case management conference is set for 1:00 PM PDT on Tuesday, May 5, 2020. Pre-registration by counsel with the clerk in advance of the CMC must be done by sending a list of names & emails of participating counsel to vccrd@cand.uscourts.gov no later than noon on Monday, May 4, 2020. The public and press will join the webinar as attendees and be able to see and hear what is going on throughout all of the proceedings, but will not be able to actually participate in the proceedings. Counsel who have pre-registered with the clerk in advance will receive individualized invitations to participate. The links below are for members of the public and press to use for accessing the hearing on Tuesday, May 5, 2020, at 1:00 PM. Please click the link below to join the webinar: https://us02web.zoom.us/j/86116111630?pwd=d1J1N2pidXBoVlFMUkVqWklHcDQ3UT09Password: 971651Or iPhone one-tap : US: +13126266799,,86116111630# or +13462487799,,86116111630# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 346 248 7799 or +1 669 900 6833 or +1 929 205 6099 or +1 253 215 8782 or +1 301 715 8592 Webinar ID: 861 1611 1630 Password: 971651 International numbers available: https://us02web.zoom.us/u/kc5AohRVIrOr an H.323/SIP room system: H.323: 162.255.37.11 (US West) or 162.255.36.11 (US East) Meeting ID: 861 1611 1630 Password: 971651 SIP: 86116111630@zoomcrc.com Password: 971651(This is a text-only entry generated by the court. There is no document associated with this entry.). (vclc1S, COURT STAFF) (Filed on 5/1/2020) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
70

ORDER Approving Class Notice. Signed by Judge Vince Chhabria on 5/1/2020. (vclc2S, COURT STAFF) (Filed on 5/1/2020) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

RECAP
71

ORDER re I-213 Form Redactions. Signed by Judge Vince Chhabria on 5/1/2020. (vclc2S, COURT STAFF) (Filed on 5/1/2020) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

RECAP
72

NOTICE by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas NOTICE OF REQUEST FOR RELEASE (Attachments: # 1 Exhibit Request Application for Release for Maria Elena Luna Estrada (AKA Alejandra Martinez Valdepena), # 2 Exhibit Request Application for Release for Armando Aguilar Ceja, # 3 Exhibit Request Application for Release for Delfina Soto Soto, # 4 Exhibit Request Application for Release for Jennifer Lara Plascencia, # 5 Exhibit Request Application for Release for Maria del Carmen Carrillo de Varela, # 6 Exhibit Request Application for Release for Willian Maria Rauda)(Salceda, Angelica) (Filed on 5/1/2020) (Entered: 05/01/2020)

1 Exhibit Request Application for Release for Maria Elena Luna Estrada (AKA Alejan

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2 Exhibit Request Application for Release for Armando Aguilar Ceja

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3 Exhibit Request Application for Release for Delfina Soto Soto

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4 Exhibit Request Application for Release for Jennifer Lara Plascencia

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5 Exhibit Request Application for Release for Maria del Carmen Carrillo de Varela

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6 Exhibit Request Application for Release for Willian Maria Rauda

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May 1, 2020

May 1, 2020

PACER
73

NOTICE by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas NOTICE OF REQUEST FOR RELEASE (Attachments: # 1 Exhibit Request Application for Release for Juan Jose Erazo Herrera, # 2 Exhibit Request Application for Release for Livia Pinheiro)(Salceda, Angelica) (Filed on 5/1/2020) (Entered: 05/01/2020)

1 Exhibit Request Application for Release for Juan Jose Erazo Herrera

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2 Exhibit Request Application for Release for Livia Pinheiro

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May 1, 2020

May 1, 2020

PACER
92

Minute Entry for proceedings held before Judge Vince Chhabria: Case Management Conference held on 5/1/2020.The government was ordered to file a brief addressing magistrate judge jurisdiction over bail applications by Sunday, May 3 at noon. The government was ordered to provide the Court and plaintiffs counsel with updated detainee spreadsheets next Friday, May 8. The government should also provide daily updates on any detainees who have been released. And the government was ordered to provide by Monday, May 4 a list of all detainees who have been ordered released on bond by an immigration judge and who remain in detention because they cannot pay the bond. For now, bail applications are limited to detainees with medical vulnerabilities, detainees with no criminal history, and female detainees. The plaintiffs may file 30 applications per weekday, which the government may respond to within 48 hours. For the first ten applications filed on May 1, the government must respond by Monday, May 4. It must respond to any additional applications by Tuesday, May 5. The plaintiffs may not file reply briefs, but bail determinations will be without prejudice.Although multiple requests can and should be filed at one time, the parties are asked to attach a separate pdf document for each detainee. Compare Dkt. No. 79 (correct) with Dkt. No. 85 (incorrect). The government is ordered to provide information about its capacity to test for Covid-19 at the facilities, and about the length of time needed to obtain test results. The government is ordered to respond to the plaintiffs' discovery requests, and provide responsive documents, by Friday, May 8. If there are any disputes, the parties must meet and confer. An additional case management conference was scheduled for Tuesday, May 5, 2020, at 1:00 PM PDT. {This conference was later rescheduled for 3:00 PM. See Dkt. No. 82.) Total Time in Court: 1:28. Court Reporter: Hearing recorded via Zoom Webinar, 3:07 PM - 4:35 PM. Plaintiff Attorneys: Emi Maclean, Angelica Salceda, and Marty Schenker. Defendant Attorneys: Adrienne Zack and Wendy Garbers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1S, COURT STAFF) (Date Filed: 5/5/2020) Modified on 5/5/2020 (knm, COURT STAFF). Modified on 5/6/2020: Matter was not transcribed (see Docket #110). (rjdS, COURT STAFF). Modified on 7/7/2020: Matter transcribed by Pam Hebel. (rjdS, COURT STAFF). (Entered: 05/05/2020)

May 1, 2020

May 1, 2020

PACER
74

First Administrative Motion to File Under Seal Unredacted Release Requests filed by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas. (Attachments: # 1 Exhibit Unredacted Request of Alejandra Martinez Valdepena, # 2 Exhibit Unredacted Request of Armando Aguilar Ceja, # 3 Exhibit Unredacted Request of Delfina Soto, # 4 Exhibit Unredacted Request of Jennifer Lara Plascencia, # 5 Exhibit Unredacted Request of Maria del Carmen, # 6 Exhibit Unredacted Request of Willian Matias Rauda)(Salceda, Angelica) (Filed on 5/2/2020) (Entered: 05/02/2020)

May 2, 2020

May 2, 2020

PACER

~Util - Teleconference Zoom

May 2, 2020

May 2, 2020

PACER

Clerk's Notice

May 2, 2020

May 2, 2020

PACER
75

Second Administrative Motion to File Under Seal Unredacted Release Requests filed by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas. (Attachments: # 1 Exhibit Unredacted Release Request for Juan Jose Erazo Herrera, # 2 Unredacted Release Request for Livia Pinheiro)(Salceda, Angelica) (Filed on 5/2/2020) (Entered: 05/02/2020)

May 2, 2020

May 2, 2020

PACER
76

RESPONSE re 62 Brief, 61 Brief, Regarding (1) Burden of Proof for Bail Applications and (2) Magistrate-Judge Authority by Matthew T. Albence, David Jennings, US Immigration and Customs Enforcement. (Choe, Shiwon) (Filed on 5/3/2020) (Entered: 05/03/2020)

May 3, 2020

May 3, 2020

RECAP
77

NOTICE by Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas Notice of Request for Release (Attachments: # 1 Exhibit Release Request for Armando Parra-Rojas, # 2 Exhibit Release Request for Brenda Ruiz Tovar, # 3 Exhibit Release Request for Juan Fredy Montoya, # 4 Exhibit Release Request for Lawrence Kuria Mwaura, # 5 Exhibit Release Request for Pravindar Singh, # 6 Exhibit Release Request for Ruby Joy Acita Buenaventura)(Salceda, Angelica) (Filed on 5/3/2020) (Entered: 05/03/2020)

1 Exhibit Release Request for Armando Parra-Rojas

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2 Exhibit Release Request for Brenda Ruiz Tovar

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3 Exhibit Release Request for Juan Fredy Montoya

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4 Exhibit Release Request for Lawrence Kuria Mwaura

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5 Exhibit Release Request for Pravindar Singh

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6 Exhibit Release Request for Ruby Joy Acita Buenaventura

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May 3, 2020

May 3, 2020

PACER
78

NOTICE by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas Request for Release (Attachments: # 1 Exhibit Release Request for Aylaliya Birru, # 2 Exhibit Release Request for Eleazar Porcayo Garcia, # 3 Exhibit Release Request for Lillian Marquez, # 4 Exhibit Release Request for Maria Ayala, # 5 Exhibit Release Request for Ricardo Vasquez)(Salceda, Angelica) (Filed on 5/3/2020) (Entered: 05/03/2020)

1 Exhibit Release Request for Aylaliya Birru

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2 Exhibit Release Request for Eleazar Porcayo Garcia

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3 Exhibit Release Request for Lillian Marquez

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4 Exhibit Release Request for Maria Ayala

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5 Exhibit Release Request for Ricardo Vasquez

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May 3, 2020

May 3, 2020

PACER
79

Third Administrative Motion to File Under Seal Unredacted Release Requests filed by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas. (Attachments: # 1 Exhibit Unredacted Release Request for Armando Parra-Rojas, # 2 Exhibit Unredacted Release Request for Brenda Ruiz Tovar, # 3 Exhibit Unredacted Release Request for Juan Fredy Montoya, # 4 Exhibit Unredacted Release Request for Lawrence Kuria Mwaura, # 5 Exhibit Unredacted Release Request for Pravindar Singh, # 6 Exhibit Unredacted Release Request for Ruby Joy Acita Buenaventura)(Salceda, Angelica) (Filed on 5/3/2020) (Entered: 05/03/2020)

May 3, 2020

May 3, 2020

PACER
80

Fourth Administrative Motion to File Under Seal Unredacted Release Requests filed by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Kuria Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas. (Attachments: # 1 Exhibit Unredacted Release Request for Eleazar Porcayo Garcia, # 2 Exhibit Unredacted Release Request for Lillian Marquez, # 3 Exhibit Unredacted Release Request for Maria Ayala, # 4 Exhibit Unredacted Release Request for Ricardo Vasquez)(Salceda, Angelica) (Filed on 5/3/2020) (Entered: 05/03/2020)

May 3, 2020

May 3, 2020

PACER
81

ORDER re 67 Joint Proposed Order Re Briefing and Hearing Schedule for Preliminary Injunction. Motion for preliminary injunction due by 5/15/2020 5:00 PM. Responses due by 5/20/2020 5:00 PM. Replies due by 5/22/2020 5:00 PM. Preliminary Injunction Hearing set for 5/26/2020 10:00 AM. Signed by Judge Vince Chhabria on 5/4/2020. (vclc1S, COURT STAFF) (Filed on 5/4/2020) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

RECAP

~Util - Teleconference Zoom

May 4, 2020

May 4, 2020

PACER

Clerk's Notice Setting Zoom Hearing

May 4, 2020

May 4, 2020

PACER
82

CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Tuesday's Case Management Conference, previously set for 1:00 PM PDT, is now set for 3:00 PM PDT, still on 5/5/2020. The information to access the Zoom videoconference has not changed. Case participants have been sent individualized invitations to participate. Members of the public and press should click the link or use the information below to join the webinar: https://us02web.zoom.us/j/86116111630?pwd=d1J1N2pidXBoVlFMUkVqWklHcDQ3UT09Meeting ID: 861 1611 1630Password: 971651Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zo om/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1S, COURT STAFF) (Filed on 5/4/2020) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 20, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Seven individuals detained at the Mesa Verde Detention Facility and the Yuba County Jail seeking immediate release of detainees from unsafe conditions of the jail in light of the global coronavirus pandemic. The class is all civil immigration detainees at Mesa Verde and YCJ, with two subclasses: the “YCJ Subclass” and the “Mesa Verde Subclass.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Lawyers Comm. for Civil Rights Under Law

ACLU Affiliates (any)

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

GEO Group, Private Entity/Person

Immigration and Customs Enforcement, Federal

U.S. Immigration and Customs Enforcement (Yuba), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

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:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Conditional Dismissal

Amount Defendant Pays: 4,000,000

Order Duration: 2020 - 2025

Content of Injunction:

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Medical/Mental Health:

Medical care, general

COVID-19:

CDC Guidance ordered implemented

Contact tracing ordered

COVID reporting ordered

COVID testing ordered/modified

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

Wellness/temperature checks ordered

Type of Facility:

Government-run

Non-government for-profit

Immigration/Border:

Constitutional rights

Detention - conditions