Case: Williams v. Witte

4:20-cv-00304 | U.S. District Court for the Northern District of Alabama

Filed Date: March 5, 2020

Closed Date: June 19, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a habeas action brought by medically vulnerable detainees in the Etowah County Detention Center, seeking release due to COVID-19 and lack of protection from the virus in the facility. On May 15, the court denied entry of a TRO and a month later, the plaintiffs dismissed the case voluntarily. The Initial Lawsuit: This case was originally filed as a petition for writ of habeas corpus on March 5, 2020 in the U.S. District Court for the Northern District of Alabama. It was…

COVID-19 Summary: This is a habeas action brought by medically vulnerable detainees in the Etowah County Detention Center, seeking release due to COVID-19 and lack of protection from the virus in the facility. On May 15, the court denied entry of a TRO and a month later, the plaintiffs dismissed the case voluntarily.


The Initial Lawsuit: This case was originally filed as a petition for writ of habeas corpus on March 5, 2020 in the U.S. District Court for the Northern District of Alabama. It was assigned to Judge Abdul K. Kallon and given the docket number 4:20-cv-00596. The petitioner challenged his detention by ICE as being in violation of his substantive and procedural due process rights and contrary to the Supreme Court's 2001 decision in Zadvydas. Then, on April 29, 2020, the petitioner and seventeen other detainees in the Etowah County Detention Center filed amended petition for writ of habeas corpus. The claims were drastically different, and with seventeen new plaintiffs involved, the court felt that the petitioners were simply trying to avoid randomization of assignments to judges by adding unrelated claims and new petitioners to the original complaint. Therefore, the court ordered the clerk to open a new case for this new complaint. It was assigned to Judge R. David Proctor and referred to Magistrate Judge John H. England III, and its new docket number was 4:20-cv-00304. Regarding the original case, Judge Kallon gave the petitioner until May 7 to file respond the the defendants' answer in that case. That docket is not available online, so the Clearinghouse does not know whether it was dismissed or continued on.

The New Lawsuit: Represented by the Center for Constitutional Rights, the National Immigration Project of the National Lawyers' Guild, and private counsel, the plaintiffs sued Etowah County, Immigration and Customs Enforcement (ICE), and the New Orleans ICE Field Office. Suing under the Rehabilitation Act, 29 U.S.C. § 701 and the federal habeas statute, 28 U.S.C. § 2241, the plaintiffs alleged violations of the Due Process clause of the Fifth Amendment. Specifically, they alleged that their underlying medical conditions made them more vulnerable to COVID-19 and that their continued detention was unconstitutional.

Simultaneous with the petition, the plaintiffs filed a motion for temporary restraining order, arguing that the court had the authority to do so, that the plaintiffs would suffer irreparable harm without it, that they were likely to succeed on the merits, and that the balance of equities weighed in their favor. The defendants filed a response in opposition on May 4, arguing that the court lacked jurisdiction, that the plaintiffs had not shown irreparable harm, nor had they proved deliberate indifference. For petitioners to succeed. defendants argued, they had to show that the defendants were deliberately indifferent to the petitioners' rights.

Over the next few weeks, one petitioner was granted release by ICE, and his habeas petition and motion for temporary restraining order were dismissed as moot.

On May 15, Judge Proctor denied the TRO, stating that the plaintiffs could not modify their conditions of confinement through § 2241, and that the release order they sought had not been granted by other courts, even where the risk posed to detainees was even more prevalent. According to Judge Proctor, habeas corpus is a vehicle by which petitioners are to challenge that they are imprisoned or the length of their imprisonment, but not the conditions of their imprisonment. 2020 WL 2513648.

On June 19, the plaintiffs moved to voluntarily dismiss the case, which was granted three days later. The case is now closed.

Summary Authors

Jack Hibbard (8/10/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17327407/parties/williams-v-horton/


Judge(s)

England, John H. Jr. (Alabama)

Attorney for Plaintiff

Aguirre, Guadalupe V (New York)

Alrabe, Khaled (District of Columbia)

Azmy, Baher (New York)

Attorney for Defendant

Cheek, Jason R (Alabama)

show all people

Documents in the Clearinghouse

Document

4:20-cv-00596

Docket [PACER]

Archilla v. Witte

June 22, 2020

June 22, 2020

Docket
11

4:20-cv-00304

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

April 27, 2020

April 27, 2020

Pleading / Motion / Brief
16-1

4:20-cv-00304

Plaintiffs’ Memorandum of Law in Support of their Motion for a Temporary Restraining Order

Williams v. Horton

April 28, 2020

April 28, 2020

Pleading / Motion / Brief
2

4:20-cv-00596

Plaintiffs' Motion for a Temporary Restraining Order

Archilla v. Witte

April 29, 2020

April 29, 2020

Pleading / Motion / Brief
1

4:20-cv-00596

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

April 29, 2020

April 29, 2020

Pleading / Motion / Brief
11, 11-1, & 11-2

4:20-cv-00596

Federal Respondents’ Opposition to Petitioners' Motion for a Temporary Restraining Order

Archilla v. Witte

May 4, 2020

May 4, 2020

Pleading / Motion / Brief
26 (& 26-1 to 26-7)

4:20-cv-00596

Reply

Archilla v. Witte

May 6, 2020

May 6, 2020

Pleading / Motion / Brief
31

4:20-cv-00596

Petitioners' Post-argument Supplemental Brief on their Motion for a Temporary Restraining Order

Archilla v. Witte

May 13, 2020

May 13, 2020

Pleading / Motion / Brief
33

4:20-cv-00596

Order

Archilla v. Witte

May 14, 2020

May 14, 2020

Order/Opinion
35

4:20-cv-00596

Order

Archilla v. Witte

May 15, 2020

May 15, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17327407/williams-v-horton/

Last updated Feb. 17, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus, filed by Randane Williams. (Attachments: # 1 Civil Cover Sheet)(JLC) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
2

MOTION for Leave to Appear Pro Hac Vice for Khaled Alrabe by Randane Williams. (Attachments: # 1 Affidavit of Khaled Alrabe)(Vosburgh, Jessica) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
3

TEXT ORDER granting 2 Motion to Admit Pro Hac Vice attorney Khaled Alrabe, but with the understanding and on the condition he pay the applicable fee and register for e-filing and notification within 14 days, unless he has already done so. Signed by Magistrate Judge John H. England, III on 03/06/2020. (CLS2) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
4

ORDER re NOTICE OF DEFICIENT PLEADING; Petitioner's pleading is deficient for the reasons indicated. Petitioner must correct the deficient pleading within thirty (30) days from the entry date of this Order in the manner explained herein. Signed by Magistrate Judge John H England, III on 3/6/2020. (JLC) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER

Filing Fee Received

March 10, 2020

March 10, 2020

PACER

Filing Fee received in the amount of $5.00, receipt number B4601104725. (JLC)

March 10, 2020

March 10, 2020

PACER
5

ORDER TO SHOW CAUSE; It is hereby ORDERED that Respondents APPEAR and SHOW CAUSE in writing, within thirty (30) days, why the relief requested by the Petitioner should not be granted. Signed by Magistrate Judge John H England, III on 3/11/2020. (JLC) (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

PACER
6

NOTICE of Appearance by Khaled Alrabe on behalf of Randane Williams (Alrabe, Khaled) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER

PHV Fee Paid

March 16, 2020

March 16, 2020

PACER

PHV Fee paid for Khaled Alrabe in the amount of $75.00, Credit Card receipt number 1126-3557574, NDAL receipt #B4601104875. (Alrabe, Khaled) Modified on 3/16/2020 (JLC).

March 16, 2020

March 16, 2020

PACER
7

NOTICE of Appearance by Jason R Cheek on behalf of Matthew Albence, William Barr, George H Lund, III, Chad F Wolf (Cheek, Jason) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
8

RESPONSE to re 5 Order to Show Cause filed by Matthew Albence, William Barr, George H Lund, III, Chad F Wolf. (Attachments: # 1 Pitman Decl.)(Cheek, Jason) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
9

ORDER notifying Petitioner that Respondents' 8 Motion seeking Dismissal of the 1 Petition for Habeas Corpus will be treated by the Court as a Motion for Summary Judgment, and to further inform the Petitioner of his right to file affidavits or other materials in opposition to the Motion, and of the consequences of default. Petitioner shall have twenty-one (21) days from the date this Order is entered to respond. Thereafter, the Petition will be taken under submission by the Court and an Order entered thereon without further notice. Signed by Magistrate Judge John H England, III on 4/16/2020. (JLC) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
10

AMENDED COMPLAINT against Matthew Albence, William Barr, Jonathon Horton, George H Lund, III, Keith Peek, Chad F Wolf, Immigration and Customs Enfocement, filed by Randane Williams, Sergio Quito, Landry Mbendeke, Geovanny Gerardo Castellano, Tesfa Miller, Churvin Webster, Joseph Debonnaire Soho, Antonio Melquezideth Castro, Bakhodir Madjitov, Maxime P Blanc, Edson Flores, Alex Giovanni Hernandez, Karim Tahir Golding, Kenneth Manning, Jose Antonio Garcia Rivera, Sarail Michael Archilla, Ray Fuller, Roger Allen Olano Esparza.(Vosburgh, Jessica) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER

PHV Fee Paid

April 27, 2020

April 27, 2020

PACER
11

AMENDED COMPLAINT [CORRECTED] against Matthew Albence, William Barr, Jonathon Horton, Immigration and Customs Enfocement, George H Lund, III, Keith Peek, Chad F Wolf, filed by Alex Giovanni Hernandez, Tesfa Miller, Maxime P Blanc, Kenneth Manning, Roger Allen Olano Esparza, Randane Williams, Ray Fuller, Edson Flores, Churvin Webster, Sarail Michael Archilla, Joseph Debonnaire Soho, Bakhodir Madjitov, Geovanny Gerardo Castellano, Sergio Quito, Karim Tahir Golding, Antonio Melquezideth Castro, Landry Mbendeke, Jose Antonio Garcia Rivera.(Vosburgh, Jessica) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER

PHV Fee paid: $ 75, receipt number 1126-3579429 (ALND B4601105598). (Vogel, Matthew) Modified on 4/28/2020 (KEK).

April 27, 2020

April 27, 2020

PACER
12

MOTION for Leave to Appear Pro Hac Vice by Sarail Michael Archilla, Maxime P Blanc, Geovanny Gerardo Castellano, Antonio Melquezideth Castro, Edson Flores, Ray Fuller, Jose Antonio Garcia Rivera, Karim Tahir Golding, Alex Giovanni Hernandez, Bakhodir Madjitov, Kenneth Manning, Landry Mbendeke, Tesfa Miller, Roger Allen Olano Esparza, Sergio Quito, Joseph Debonnaire Soho, Churvin Webster, Randane Williams. (Attachments: # 1 Exhibit A - Declaration of Matthew S. Vogel)(Vosburgh, Jessica) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
13

TEXT ORDER granting 12 Motion to Admit Pro Hac Vice attorney Matthew Vogel, but with the understanding and on the condition he pay the applicable fee and register for e-filing and notification within 14 days, unless he has already done so. Signed by Magistrate Judge John H England, III on 4/28/2020. (AVC) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
14

MOTION for Leave to Appear Pro Hac Vice by Sarail Michael Archilla, Maxime P Blanc, Geovanny Gerardo Castellano, Antonio Melquezideth Castro, Edson Flores, Ray Fuller, Jose Antonio Garcia Rivera, Karim Tahir Golding, Alex Giovanni Hernandez, Bakhodir Madjitov, Kenneth Manning, Landry Mbendeke, Tesfa Miller, Roger Allen Olano Esparza, Sergio Quito, Joseph Debonnaire Soho, Churvin Webster, Randane Williams. (Attachments: # 1 Exhibit A - Declaration of Sirine Shebaya)(Vosburgh, Jessica) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
15

TEXT ORDER granting 14 Motion to Admit Pro Hac Vice attorney Shebaya Sirine, but with the understanding and on the condition she pay the applicable fee and register for e-filing and notification within 14 days, unless she has already done so. Signed by Magistrate Judge John H England, III on 4/28/2020. (AVC) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
16

MOTION for Temporary Restraining Order by Sarail Michael Archilla, Maxime P Blanc, Geovanny Gerardo Castellano, Antonio Melquezideth Castro, Edson Flores, Ray Fuller, Jose Antonio Garcia Rivera, Karim Tahir Golding, Alex Giovanni Hernandez, Bakhodir Madjitov, Kenneth Manning, Landry Mbendeke, Tesfa Miller, Roger Allen Olano Esparza, Sergio Quito, Joseph Debonnaire Soho, Churvin Webster, Randane Williams. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Declaration of Jessica Myers Vosburgh, # 3 Exhibit 1 - Declaration of Randane Williams, # 4 Exhibit 2 - Declaration of Sarail Michael Archilla, # 5 Exhibit 3 - Declaration of Maxime P. Blanc, # 6 Exhibit 4 - Declaration of Geovanny Gerardo Castellano, # 7 Exhibit 5 - Declaration of Antonio Melquezideth Castro, # 8 Exhibit 6 - Declaration of Edson Flores, # 9 Exhibit 7 - Declaration of Ray Fuller, # 10 Exhibit 8 - Declaration of Jose Antonio Garcia Rivera, # 11 Exhibit 8 - Declaration of Karim Tahir Golding, # 12 Exhibit 10 - Declaration of Alex Hernandez, # 13 Exhibit 11 - Declaration of Bakhodir Madjitov, # 14 Exhibit 12 - Declaration of Kenneth Manning, # 15 Exhibit 13 - Declaration of Landry (Emily) Mbendeke, # 16 Exhibit 14 - Declaration of Tesfa Miller, # 17 Exhibit 15 - Declaration of Allen Roger Olano Esparza, # 18 Exhibit 16 - Declartion of Sergio Quito, # 19 Exhibit 17 - Declaration of Joseph Debonnaire Soho, # 20 Exhibit 18 - Declaration of Churvin Webster, # 21 Exhibit 19 - Declaration of Dr. Jaimie Meyer, # 22 Exhibit 20 - Declaration of Dr. Ellen Eaton, # 23 Exhibit 21 - Declaration of Susan Hassig, # 24 Exhibit 22 - Federal Court Orders & Opinions)(Vosburgh, Jessica) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
17

Unopposed MOTION to Seal Document by Maxime P Blanc, Geovanny Gerardo Castellano, Antonio Melquezideth Castro, Edson Flores, Ray Fuller, Jose Antonio Garcia Rivera, Karim Tahir Golding, Alex Giovanni Hernandez, Bakhodir Madjitov, Kenneth Manning, Landry Mbendeke, Tesfa Miller, Roger Allen Olano Esparza, Sergio Quito, Joseph Debonnaire Soho, Churvin Webster, Randane Williams. (Vosburgh, Jessica) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
18

MOTION for Leave to Appear Pro Hac Vice by Sarail Michael Archilla, Maxime P Blanc, Geovanny Gerardo Castellano, Antonio Melquezideth Castro, Edson Flores, Ray Fuller, Jose Antonio Garcia Rivera, Karim Tahir Golding, Alex Giovanni Hernandez, Bakhodir Madjitov, Kenneth Manning, Landry Mbendeke, Tesfa Miller, Roger Allen Olano Esparza, Sergio Quito, Joseph Debonnaire Soho, Churvin Webster, Randane Williams. (Attachments: # 1 Exhibit A - Declaration of Jeremy Jong)(Vosburgh, Jessica) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
19

TEXT ORDER granting 18 Motion to Admit Pro Hac Vice attorney Jeremy Jong, but with the understanding and on the condition he pay the applicable fee and register for e-filing and notification within 14 days, unless he has already done so. Signed by Magistrate Judge John H England, III on 4/29/2020. (AVC) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER

PHV Fee Paid

April 29, 2020

April 29, 2020

PACER

PHV Fee paid: $ 75, receipt number 1126-3580811 (B4601105608). (Shebaya, Sirine) Modified on 4/29/2020 (MRR, ).

April 29, 2020

April 29, 2020

PACER
20

NOTICE by Sarail Michael Archilla, Maxime P Blanc, Geovanny Gerardo Castellano, Antonio Melquezideth Castro, Edson Flores, Ray Fuller, Jose Antonio Garcia Rivera, Karim Tahir Golding, Alex Giovanni Hernandez, Bakhodir Madjitov, Kenneth Manning, Landry Mbendeke, Tesfa Miller, Roger Allen Olano Esparza, Sergio Quito, Joseph Debonnaire Soho, Churvin Webster, Randane Williams re 16 MOTION for Temporary Restraining Order Corrected Exhibits 20 & 21 (Attachments: # 1 Exhibit 20 (Corrected) - Declaration of Ellen Eaton, # 2 Exhibit 21 (Corrected) - Declaration of Susan Hassig)(Vosburgh, Jessica) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
21

ORDER DENYING WITHOUT PREJUDICE 16 MOTION for Temporary Restraining Order, GRANTING 17 Unopposed MOTION to Seal Document. Accordingly, 10 Amended Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief is STRICKEN. The Clerk is DIRECTED to open a new, separate case for the 11 Corrected Amended Complaint, with the exception of the claims raised in Williams' original petition. All of the pro hac vice admissions entered after the Corrected Amended Complaint, docs. 12 15, 18 20, should be transferred to the new case. The Petitioners are DIRECTED to refile their motion in the newly opened case after paying the applicable filing fee or applying for pauperis status.As for Williams original petition, he has until May 7, 2020, to file additional materials in support of his Zadvydas and non-COVID-19-based claims. Signed by Judge Abdul K Kallon on 4/29/2020. (JLC) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
22

***FILED UNDER SEAL*** EXHIBIT 13 (JLC) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
23

NOTICE by Randane Williams Letter to Court (Alrabe, Khaled) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
25

TEXT ORDER −− This matter is before the court on Plaintiffs Motion for Leave to Appear Pro Hac Vice, filed on behalf of Attorney Angelo Guisado 16 . Plaintiffs Motion 16 is CONDITIONALLY GRANTED . Attorney Guisado SHALL pay the $75.00 admission fee on or before May 8, 2020 . Signed by Judge R David Proctor on 5/6/2020. (KAM) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

26

REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order filed by Sarail Michael Archilla, Maxime P Blanc, Geovanny Gerardo Castellano, Antonio Melquezideth Castro, Edson Flores, Ray Fuller, Karim Tahir Golding, Alex Hernandez, Bakhodir Madjitov, Kenneth Manning, Landry Emily Mbendeke, Tesfa Miller, Allen Roger Olano Esparza, Sergio Quito, Jose Antonio Garcia Rivera, Joseph Debonnaire Soho, Churvin Webster, Randane Williams. (Attachments: # 1 Declaration of Jessica Myers Vosburgh, # 2 Exhibit 23 − Huber Declaration, # 3 Exhibit 24 − Dr. Venters Declaration, # 4 Exhibit 25 − Supplemental Williams Declaration, # 5 Exhibit 26 − Supplemental Golding Declaration, # 6 Exhibit 27 − Reichlin−Melnick Declaration, # 7 Exhibit 28 − Court Orders)(Vosburgh, Jessica) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

27

NOTICE by Matthew T Albence, Immigration and Customs Enforcement, Dianne Witte re 11 Response in Opposition to Motion, OF SUPPLEMENTAL AUTHORITY (Attachments: # 1 Exhibit 1: Swain v. Junior, −−− F.3d −−− (11th Cir. 2020))(Wilson, Sarah) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

24

REPLY Brief filed by Petitioner Randane Williams re: 8 Response (other) filed by Randane Williams. (Alrabe, Khaled) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
28

ORDER Telephone Hearing on Petitioners Motion for Temporary Restraining Order is set for 5/12/2020 03:00 PM before Judge R David Proctor. Counsel for Petitioners and Respondents are DIRECTED to dial−in to the conference by calling 866−434−5269 at the scheduled time. The access code is 6022965; In advance of the conference, or before Monday May 11, 2020 at 4:30 p.m., Petitioners SHALL submit a five (5) page brief regarding their position on the effect of the Eleventh Circuits recent decision in Swain v. Junior, −− F.3d −−, 2020 WL 2161317, *1 (11th Cir. May 5, 2020). Signed by Judge R David Proctor on 5/8/2020. (KAM) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PHV Fee paid for Guadalupe Aguirre in the amount of $75.00, Credit Card receipt number 1126−3586925, NDAL receipt #B4601105846. (Alrabe, Khaled) Modified on 5/8/2020 (JLC). (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PHV Fee paid for Ghita Schwarz in the amount of $75.00, Credit Card receipt number 1126−3587008, NDAL receipt #B4601105847. (Schwarz, Ghita) Modified on 5/8/2020 (JLC). (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

29

RESPONSE to re 27 filed by Sarail Michael Archilla, Maxime P Blanc, Geovanny Gerardo Castellano, Antonio Melquezideth Castro, Edson Flores, Ray Fuller, Karim Tahir Golding, Alex Hernandez, Bakhodir Madjitov, Kenneth Manning, Landry Emily Mbendeke, Tesfa Miller, Allen Roger Olano Esparza, Sergio Quito, Jose Antonio Garcia Rivera, Joseph Debonnaire Soho, Churvin Webster, Randane Williams. (Vosburgh, Jessica) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 5/12/2020. Any supplemental briefs in support/opposition to motion shall be filed by 5/13/2020. A separate order will be entered by the court thereafter. (Court Reporter Risa Entrekin.) (KLL) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

30

AFFIDAVIT re 11 Response in Opposition to Motion, (Supplemental Declaration of Bryan Pitman) by Matthew T Albence, Immigration and Customs Enforcement, Dianne Witte. filed by Matthew T Albence, Immigration and Customs Enforcement, Dianne Witte (Wilson, Sarah) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

31

NOTICE by Sarail Michael Archilla, Maxime P Blanc, Geovanny Gerardo Castellano, Antonio Melquezideth Castro, Edson Flores, Ray Fuller, Karim Tahir Golding, Alex Hernandez, Bakhodir Madjitov, Kenneth Manning, Landry Emily Mbendeke, Tesfa Miller, Allen Roger Olano Esparza, Sergio Quito, Jose Antonio Garcia Rivera, Joseph Debonnaire Soho, Churvin Webster, Randane Williams of Post−Argument Supplemental Brief (Vosburgh, Jessica) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

32

CERTIFICATE of Counsel re PHV Fee Paid, 21 Order on Motion for Leave to Appear, by Ghita R Schwarz on behalf of All Plaintiffs (Attachments: # 1 Exhibit Certificate of Good Standing)(Schwarz, Ghita) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

33

ORDER After consideration of the record in this action, the court finds that Petitioners release on an order of supervised release has rendered his habeas corpus petition and accompanying Motion for TRO moot; Petitioner Joseph Debonnaire Soho's habeas corpus petition and his Motion for TRO are DISMISSED as MOOT. Signed by Judge R David Proctor on 5/14/2020. (KAM) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

34

MEMORANDUM OPINION. Signed by Judge R David Proctor on 5/15/2020. (KAM) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

35

ORDER This case is before the court on Petitioners Motion for Temporary Restraining Order 2 ; after careful review of the briefing and the arguments presented to the court, and for the reasons explained in the contemporaneously filed Memorandum Opinion, Petitioners Motion for Temporary Restraining Order (Doc. # 2 ) is DENIED. Signed by Judge R David Proctor on 5/15/2020. (KAM) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

36

ORDER in light of the court's review of the Amended Petition, it is ORDERED that on or before 6/12/2020, counsel are DIRECTED to meet and confer, and on or before 6/19/2020, they SHALL file a joint report, addressing the issues as set out in this order. Signed by Judge R David Proctor on 5/21/2020. (KAM) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

37

NOTICE of Voluntary Dismissal by Sarail Michael Archilla, Maxime P Blanc, Geovanny Gerardo Castellano, Antonio Melquezideth Castro, Edson Flores, Ray Fuller, Karim Tahir Golding, Alex Hernandez, Bakhodir Madjitov, Kenneth Manning, Tesfa Miller, Allen Roger Olano Esparza, Sergio Quito, Jose Antonio Garcia Rivera, Churvin Webster, Randane Williams (Vosburgh, Jessica) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

38

ORDER pursuant to the Petitioner's Notice of Voluntary Dismissal, this action is DISMISSED without prejudice; costs taxed as paid. Signed by Judge R David Proctor on 6/22/2020. (KAM) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

Case Details

State / Territory: Alabama

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: March 5, 2020

Closing Date: June 19, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Eighteen non-citizen detainees in ICE custody

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

National Immigration Project of the NLG

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Deputy Director of Immigration and Customs Enforcement Matthew Albence, Federal

U.S. Immigration and Customs Enforcement, Federal

Sheriff of Etowah County (Etowah), County

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Habeas Corpus

Placement in detention facilities

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions