Case: Ali v. Ashcroft

2:02-cv-02304 | U.S. District Court for the Western District of Washington

Filed Date: Nov. 13, 2002

Closed Date: Sept. 19, 2008

Clearinghouse coding complete

Case Summary

[The following summary is adapted with some additions from the Background section of the District Court's Order of March 30, 2007. See Ali v. Gonzales, 486 F. Supp. 2d 1197, 1199-1202 (W.D. Wash. 2007).]On November 13, 2002, five Somali nationals detained pending execution of a final order of removal to Somalia filed a petition for habeas corpus in the U.S. District Court for the Western District of Washington challenging respondent federal government's deportation methods and post-removal-orde…

[The following summary is adapted with some additions from the Background section of the District Court's Order of March 30, 2007. See Ali v. Gonzales, 486 F. Supp. 2d 1197, 1199-1202 (W.D. Wash. 2007).]

On November 13, 2002, five Somali nationals detained pending execution of a final order of removal to Somalia filed a petition for habeas corpus in the U.S. District Court for the Western District of Washington challenging respondent federal government's deportation methods and post-removal-order detention. Petitioners, represented by private counsel, claimed that removal to Somalia would violate 8 U.S.C. § 1231(b)(2) because Somalia had no government which could accept deportees, and therefore asked the court to enjoin their removal and order their release.

Prior to the initiation of this lawsuit, each of the petitioners had been detained for many months while the Government tried to achieve their removal, and were released from post-removal-order detention only in the wake of Zadvydas v. Davis, 533 U.S. 678 (2001) (holding that an alien may not be held in confinement once it is determined that there is no likelihood of removal in the reasonably foreseeable future). Petitioner Mohamud was re-detained in July 2002 upon revocation of his order of supervision, and petitioners Ali, Hundiye and Aweys were re-detained in November 2002 because the local immigration authorities were informed that their removal to Somalia was imminent. All the petitioners were informed that they would soon be removed to Somalia. Petitioners filed this action shortly after their re-detention.

The Court (Judge Marsha J. Pechman) issued a stay preventing petitioners' removal on the day their petition was filed. After petitioners filed an amended petition on Novermber 26, 2002, seeking certification of a nation-wide class, the stay was extended to a class of all individuals with final orders of removal to Somalia.

On December 10, 2002, the Court granted petitioners' motion for a temporary restraining order pending a hearing on the merits. Following a hearing on January 13, 2003, on January 17 the Court granted petitioners' request for a class-wide permanent injunction preventing the removals to Somalia, finding that 8 U.S.C. § 1231(b)(2) allowed deportation to a country only if its government could accept the deportees. Ali v. Ashcroft, 213 F.R.D. 390 (W.D. Wash. 2003). On the ground that there was no likelihood that petitioners would be removed in the reasonably foreseeable future, the Court also ordered that three of the petitioners (Ali, Hundiye and Aweys) be released from detention pursuant to Zadvydas. (Petitioner Mohamud had a separate habeas proceeding pending before Judge Barbara Rothstein (Mohamud v. INS, No. 2:02-cv-01686-BJR (W.D. Wash.)) and was thereafter ordered released by Judge Rothstein.)

The Government appealed the District Court's order, and on September 19, 2003, the Ninth Circuit affirmed. Ali v. Ashcroft, 346 F.3d 873 (9th Cir. 2003). Earlier that year, however, the Eight Circuit had decided the issue differently, holding that the United States immigration authorities did not have to obtain the acceptance of the removal country's government before the United States could repatriate an alien. See Jama v. INS, 329 F.3d 630 (8th Cir. 2003). The Government's request for rehearing was thus held in abeyance pending the appeal of the Eight Circuit decision to the Supreme Court.

On January 12, 2005, the Supreme Court held that the Government had authority to remove individuals to Somalia without the necessity of obtaining the acceptance of the removal country's government. Jama v. Immigration & Customs Enforcement, 543 U.S. 335 (2005). In light of this ruling, the Government moved to vacate the panel decision of the Ninth Circuit and remand with instructions that the District Court vacate the injunction, de-certify the class and reverse the order releasing the Petitioners from detention. On August 26, 2005, the Ninth Circuit granted the unopposed request to vacate the injunction, but, citing the long history of logistical difficulties in deporting Jama himself, remanded to the District Court the issue of whether or not petitioners could be re-detained. Ali v. Ashcroft, 421 F.3d 795 (9th Cir. 2005).

Upon returning to the District Court, the parties submitted a joint report in which they agreed that the injunction should be dissolved, the class decertified, and the detention claims of Petitioners dismissed without prejudice. The Court (Judge Pechman) entered an order adopting the parties' requests on April 27, 2006.

Meanwhile, following the District Court's granting of relief on the merits in January 2003, petitioners had moved for an award of attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, for work billed through January 2003. With the exception of some paralegal fees, the Court granted the motion on May 27, 2003, awarding petitioners a total of $129,449.46. An appeal to the Ninth Circuit was stayed while the decision on the appeal on the merits proceeded forward.

After briefing on the EAJA appeal following their order vacating the injunction, on November 30, 2006, the Court of Appeals remanded to the District Court to determine whether petitioners were still prevailing parties. Ali v. Gonzales, 237 Fed.Appx. 128 (9th Cir. 2006). On March 30, 2007, the District Court (Judge Pechman) found that petitioners were prevailing parties only to the extent that they had secured their release from detention, and thus reduced the award of attorney's fees to $54,468.25 to exclude work done on the class action portion of the suit.

(The court also imposed a $1,000 fine on the Government for submitting an overlong brief; this fine was reversed by the Ninth Circuit as an abuse of discretion on May 9, 2008. Ali v. Mukasey, 277 Fed. Appx. 741 (9th Cir. 2008).)

Summary Authors

Christopher Schad (6/14/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4781013/parties/ali-v-ashcroft/


Judge(s)
Attorney for Plaintiff

Beane, Amanda J. (Washington)

Boeder, Thomas L (Washington)

Brown, Karol E. (Washington)

Dahl, Christine Stebbins (Oregon)

Attorney for Defendant

Cohen, Rebecca Shapiro (Washington)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

03-35791

Ninth Circuit Docket

Ali v. Gonzalez

U. S. Court of Appeals for the Ninth Circuit

Jan. 23, 2007

Jan. 23, 2007

Docket

2:02-cv-02304

Docket (PACER)

Oct. 31, 2008

Oct. 31, 2008

Docket
8

2:02-cv-02304

First Amended, Consolidated Petition for Habeas Corpus for Individuals in Federal Custody - Class Action

Nov. 26, 2002

Nov. 26, 2002

Complaint
18

2:02-cv-02304

Order Granting Petitioners' Motion for Temporary Restraining Order

Dec. 10, 2002

Dec. 10, 2002

Order/Opinion
44

2:02-cv-02304

Order Granting Injunction and Certifying Class

Jan. 17, 2003

Jan. 17, 2003

Order/Opinion
57

2:02-cv-02304

Order [Granting] Petitioners' Motion for Attorney's Fees

May 27, 2003

May 27, 2003

Order/Opinion

03-35096

[Ninth Circuit] Opinion [Affirming District Court's Order Granting Injunction and Certifying Class]

U. S. Court of Appeals for the Ninth Circuit

Sept. 17, 2003

Sept. 17, 2003

Order/Opinion
126

2:02-cv-02304

Order [Granting] Motion for Release from Indefinite Detention by Class Member Awad Garad

Nov. 24, 2004

Nov. 24, 2004

Order/Opinion

03-35096

[Ninth Circuit] Order [Remanding to the District Court to Vacate Injunction and Reconsider Class Certification]

Ali v. Gonzales

U. S. Court of Appeals for the Ninth Circuit

Aug. 26, 2005

Aug. 26, 2005

Order/Opinion
163

2:02-cv-02304

Order [Vacating Injunction, Decertifying Nationwide Class and Dismissing Detention Claims]

Ali v. Gonzales

April 27, 2006

April 27, 2006

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4781013/ali-v-ashcroft/

Last updated Feb. 9, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

CONSOLIDATED PETITION FOR 2241 WRIT OF HABEAS CORPUS FOR INDIVIDUALS IN FEDERAL CUSTODY by petitioners Receipt No. 308425 (DM) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

2

MOTION by petitioners for temporary restraining order (DM) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

3

DECLARATION of Nicholas Gellert (DM) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

LODGED ORDER: re: motion for temporary restraining order [2−1] (DM) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

4

AFFIDAVIT OF SERVICE by petitioner order lodged [0−0], declaration [3−1], motion for temporary restraining order [2−1], habeas corpus petition [1−1] (DM) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

5

ORDER by Judge Marsha J. Pechman GRANTING motion for temporary restraining order [2−1] until 11/22/02 at 1:30; Order to Show Cause ddl 11/19/02 (cc: counsel, Judge) (DM) (Entered: 11/14/2002)

Nov. 14, 2002

Nov. 14, 2002

LODGED ORDER: stipulated motion and order extending TRO and setting schedule (MD) (Entered: 11/18/2002)

Nov. 15, 2002

Nov. 15, 2002

6

ATTORNEY APPEARANCE for respondent John D Ashcroft, respondent INS, respondent Robert S Coleman Jr by Chris Pickrell (MD) (Entered: 11/18/2002)

Nov. 15, 2002

Nov. 15, 2002

7

STIPULATION and ORDER by Judge Marsha J. Pechman extending TRO and setting schedule. (cc: counsel, Judge) (MD) (Entered: 11/18/2002)

Nov. 18, 2002

Nov. 18, 2002

8

FIRST AMENDED COMPLAINT/CONSOLIDATED PETITION by petitioners for Habeas Corpus for Individuals in Federal Custody − Class Action (MD) (Entered: 11/27/2002)

Nov. 26, 2002

Nov. 26, 2002

Clearinghouse
9

MOTION by petitioners for temporary restraining order maintaining status quo until ruling by the court on the merits (MD) (Entered: 12/05/2002)

Dec. 4, 2002

Dec. 4, 2002

11

DECLARATION of Karol Dezwager Brown re motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] (MD) (Entered: 12/05/2002)

Dec. 4, 2002

Dec. 4, 2002

12

DECLARATION of Michele Garnett McKenzie re motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] (MD) (Entered: 12/05/2002)

Dec. 4, 2002

Dec. 4, 2002

LODGED ORDER: re: motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] (MD) (Entered: 12/05/2002)

Dec. 4, 2002

Dec. 4, 2002

13

AFFIDAVIT OF SERVICE by petitioner of motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] (MD) (Entered: 12/05/2002)

Dec. 4, 2002

Dec. 4, 2002

14

ORDER by Judge Marsha J. Pechman SETTING hearing on petitioners' motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] at 3:00 12/9/02; response due 12/9/02; parties agree to maintain status quo until 12/9/02 hearing on TRO (cc: counsel, Judge, ES) (VK) (Entered: 12/05/2002)

Dec. 5, 2002

Dec. 5, 2002

15

AMENDED ATTORNEY APPEARANCE for respondents by Greg D Mack (MD) (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

16

NOTICE by respondent OF RELATED CASE(s) C01−1614L;C02−832P et al (MD) (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

17

MOTION by respondent INS for leave to file overlength brief: opposition to petitioners' motion for tro NOTED FOR 12/9/02 (MD) (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

LODGED ORDER: re: motion for leave to file overlength brief: opposition to petitioners' motion for tro [17−1] (MD) (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

PROPOSED Respondents' opposition and exhibits re: motion for leave to file overlength brief: opposition to petitioners' motion for tro [17−1] (MD) (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

20

MINUTES: MJP; ; CR: Laurene Kelly; Pla Counsel Thomas Boeder; Def Counsel Mack/Pickrell/Klein. Telephonic Oral argument held on 12/9/02. MJP Grants the TRO and briefing schedule was established. No bond will be required. Respondents' request to stay the effect of the fuling on the TRO was denied. (MD) (Entered: 12/13/2002)

Dec. 9, 2002

Dec. 9, 2002

18

ORDER by Judge Marsha J. Pechman GRANTING petitioner's motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] Oral Argument scheduled for 9:00 1/14/03; response due 12/16/02; petitioners may file opposition by 1/10/03 (cc: counsel, Judge) (LS) (Entered: 12/10/2002)

Dec. 10, 2002

Dec. 10, 2002

Clearinghouse
19

TRANSCRIPT of proceedings for the following date(s): 12/9/02 (Re: Emergency Motion Hearing) CR initials: L. Kelly (SA) (Entered: 12/13/2002)

Dec. 11, 2002

Dec. 11, 2002

21

NOTICE by respondents of filing INS Administrative Records (MD) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

22

RESPONSE and Return by respondent to petitioners' first amended consolidated petition for HC for individuals in Fed Custody−Class Action re: complaint [8−1] (MD) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

23

EXHIBITS re: response [22−1] (MD) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

24

MOTION by respondent for leave to file overlength return brief in opposition NOTED FOR 12/16/02 (MD) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

LODGED ORDER: re: motion for leave to file overlength return brief in opposition [24−1] (MD) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

26

ORDER by Judge Marsha J. Pechman GRANTING respondents' motion for leave to file overlength return brief in opposition [24−1] (cc: counsel, Judge) (MD) (Entered: 12/19/2002)

Dec. 18, 2002

Dec. 18, 2002

27

MINUTES: BJR; Pla Counsel Susan Foster/Nick Gellert; Def Counsel Greogry Mack. Telephone conference held on 12/24/02 re: discovery dispute (MD) (Entered: 12/26/2002)

Dec. 24, 2002

Dec. 24, 2002

28

MOTION by petitioner to certify class action NOTED FOR 1/14/03 (VK) (Entered: 12/30/2002)

Dec. 30, 2002

Dec. 30, 2002

29

DECLARATION of Thomas L. Boeder by petitioner re motion to certify class action [28−1] − atty qualifications (VK) (Entered: 12/30/2002)

Dec. 30, 2002

Dec. 30, 2002

LODGED ORDER: re: motion to certify class action [28−1] (VK) (Entered: 12/30/2002)

Dec. 30, 2002

Dec. 30, 2002

30

AFFIDAVIT OF SERVICE by petitioner motion to certify class action [28−1] etc. (VK) (Entered: 12/30/2002)

Dec. 30, 2002

Dec. 30, 2002

31

ERRATA to declaration of Thomas L Boeder [29−1] (MD) (Entered: 01/02/2003)

Dec. 31, 2002

Dec. 31, 2002

32

REPLY and Traverse by petitioners [28−1] (MD) (Entered: 01/13/2003)

Jan. 10, 2003

Jan. 10, 2003

33

DECLARATION of Nicholas P Gellert re: reply [32−1] (MD) (Entered: 01/13/2003)

Jan. 10, 2003

Jan. 10, 2003

34

DECLARATION of Susan E Foster re: reply [32−1] (MD) (Entered: 01/13/2003)

Jan. 10, 2003

Jan. 10, 2003

35

DECLARATION of Joan M Fitzpatrick re: reply [32−1] (MD) (Entered: 01/13/2003)

Jan. 10, 2003

Jan. 10, 2003

36

AFFIDAVIT OF SERVICE by petitioners of reply [32−1] (MD) (Entered: 01/13/2003)

Jan. 10, 2003

Jan. 10, 2003

37

MEMORANDUM by respondent in opposition to petitioners' motion and memorandum in support to certify class action [28−1] (MD) (Entered: 01/14/2003)

Jan. 13, 2003

Jan. 13, 2003

38

SUPPLEMENT by petitioner traverse and reply re motion to certify class action [28−1] (MD) (Entered: 01/14/2003)

Jan. 13, 2003

Jan. 13, 2003

39

DECLARATION (supplemental) of Susan E Foster re: supplemental [38−1] (MD) (Entered: 01/14/2003)

Jan. 13, 2003

Jan. 13, 2003

40

AFFIDAVIT OF SERVICE by petitioner of supplemental [38−1] (MD) (Entered: 01/14/2003)

Jan. 13, 2003

Jan. 13, 2003

41

MINUTES: MJP; Dep Clerk: Eileen; CR: L Kelly; Pla Counsel Thomas Boeder; Def Counsel Gary Mack. In−court hrg held on 1/14/03 re: petitioner's motion for prel inj. GRANTING motion to certify class action [28−1] and motion for prel inj. Court will issue a written opinion by Friday 1/17/03. Petitioners are remanded to custody. (MD) (Entered: 01/15/2003)

Jan. 14, 2003

Jan. 14, 2003

42

TRANSCRIPT of proceedings for the following date(s): 1/14/03 (Re: Court's Ruling) CR initials: L. Kelly (SA) (Entered: 01/16/2003)

Jan. 16, 2003

Jan. 16, 2003

43

TRANSCRIPT of proceedings for the following date(s): 1/14/03 (Re: Oral Argument) CR initials: L. Kelly (SA) (Entered: 01/16/2003)

Jan. 16, 2003

Jan. 16, 2003

45

SUPPLEMENTAL MEMORANDUM by petitioners' re jurisdiction and detention [28−1] (MD) (Entered: 01/21/2003)

Jan. 16, 2003

Jan. 16, 2003

46

RESPONSE by respondent to court's request for briefing on procedural matters regarding detention of petitioners and re: motion to certify class action [28−1] (MD) (Entered: 01/21/2003)

Jan. 16, 2003

Jan. 16, 2003

44

ORDER GRANTING INJUNCTION AND CERTIFYING CLASS by Judge Marsha J. Pechman. The use of a class action is necessary to litigate to open the doors of the courthouse for a large number of Somalis whose identity and location the Government refuses to reveal. A permanent injunction shall issue on behalf of the class. The individual Petitioners Ali Hundiye, and Aweys shall be released pursuant to this Court's Order. (cc: counsel, Judge) (CL) (Entered: 01/17/2003)

Jan. 17, 2003

Jan. 17, 2003

Clearinghouse
47

NOTICE by respondents of petitioners' release as to Ali; Aweys; and Hussein re: order [44−1] (MD) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

48

NOTICE OF APPEAL (03−35096) by respondent Robert S Coleman Jr, respondent INS, respondent John D Ashcroft from Dist. Court decision [44−1] (cc: CCA, Judge, counsel) (SA) Modified on 02/12/2003 (Entered: 02/10/2003)

Feb. 7, 2003

Feb. 7, 2003

APPEAL FEE NOT RECEIVED: Fee not required, government agency. (SA) (Entered: 02/10/2003)

Feb. 7, 2003

Feb. 7, 2003

APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (SA) (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

NOTIFICATION by Circuit Court of Appellate Docket Number 03−35096 (SA) (Entered: 02/12/2003)

Feb. 11, 2003

Feb. 11, 2003

49

TIME SCHEDULE ORDER (CCA 03−35096) Appellant notify appellee of trans. ordered 2/18/03; appellee notify appellant of additional trans. 2/27/03; appellant file trans with district court 3/10/03; Court Reporter file trans. 4/9/03; Appellant opening brief due 5/27/03; Appellee brief due 6/25/03; Reply brief due w/in 14 days of service of appellee brief. (SA) (Entered: 02/12/2003)

Feb. 11, 2003

Feb. 11, 2003

53

TRANSCRIPT DESIGNATION and Ordering Form for dates: 12/9/02, 1/14/02 [48−1] filed by Christopher Pickrell. (SA) (Entered: 02/24/2003)

Feb. 19, 2003

Feb. 19, 2003

50

MOTION by petitioner for attorney fees and costs NOTED FOR 3/7/03 (MD) (Entered: 02/21/2003)

Feb. 20, 2003

Feb. 20, 2003

51

DECLARATION of Nicholas P Gellert re motion for attorney fees and costs [50−1] (MD) (Entered: 02/21/2003)

Feb. 20, 2003

Feb. 20, 2003

LODGED ORDER: re: motion for attorney fees and costs [50−1] (MD) (Entered: 02/21/2003)

Feb. 20, 2003

Feb. 20, 2003

52

AFFIDAVIT OF SERVICE by petitioner of motion for attorney fees and costs [50−1] (MD) (Entered: 02/21/2003)

Feb. 20, 2003

Feb. 20, 2003

54

ORDER (CCA 03−35096) Appellants' motion to expedite briefing, oral argument, is GRANTED. Motion to expedite disposition shall be referred to the panel. District Court Clerk is requested to issue Certificate of Record as soon as practicable. Opening brief due 3/21/03; answering brief due 4/21/03; optional reply brief due 14 days from service of answering brief. CCA, Judge, counsel) (SA) (Entered: 02/25/2003)

Feb. 22, 2003

Feb. 22, 2003

55

RESPONSE by respondents IN OPPOSITION to motion for attorney fees and costs [50−1] (LS) (Entered: 03/04/2003)

March 3, 2003

March 3, 2003

56

REPLY by petitioners' re: on fee motion [50−1] (MD) (Entered: 03/06/2003)

March 5, 2003

March 5, 2003

CLERK'S RECORD ON APPEAL transmitted to Circuit (vol. 1−4, exp. 1−3) (SA) (Entered: 05/23/2003)

May 23, 2003

May 23, 2003

57

ORDER by Judge Marsha J. Pechman GRANTING petitioners' motion for attorney fees and costs [50−1] (cc: counsel, Judge) (MD) (Entered: 05/28/2003)

May 27, 2003

May 27, 2003

Clearinghouse
58

JUDGMENT: by Judge Marsha J. Pechman, It is ordered and adjudged petitioners are awarded costs and fees in the amount of $129,449.46 (cc: counsel, Judge, Jgm. Book) Entered on: 5/28/03 (MD) (Entered: 05/28/2003)

May 28, 2003

May 28, 2003

59

JUDGMENT: by Judge Marsha J. Pechman, It is ordered and adjudged− pursuant to this Court's order of 1/17/03 a permanent injunction prehibiting removal of Somali nationals to Somalia is entered. Petitioners Aweys, Ali and Hundiye are ordered release. Filing of this judgment was intended to be concurrent with that order. (cc: counsel, Judge, Jgm. Book) Entered on: 5/28/03 (MD) (Entered:

May 28, 2003

May 28, 2003

LODGED ORDER: re: motion for reconsideration/alter or amend the Court's 5/28/03 judgment awarding fees and costs to petitioners [60−1] (MD) (Entered: 06/10/2003)

June 9, 2003

June 9, 2003

61

MINUTE ORDER: by Judge Marsha J. Pechman Court hereby calls for a response pursuant to Local Rule CR7(h)(3). Such response shall be due on 6/23/03 and a reply due on 6/26/03 re: Gov motion to alter or amend judgment. (cc: counsel, Judge) (MD) (Entered: 06/19/2003)

June 19, 2003

June 19, 2003

62

RESPONSE/OPPOSITION to Motion filed by Petitioner Yusuf Ali Ali re 60 Motion for Reconsideration/alter or amend judgment awarding fees and costs to petitioners (MD, ) (Entered: 06/26/2003)

June 23, 2003

June 23, 2003

63

REPLY to Response to Motion filed by Respondent John D Ashcroft re 60 Motion for Reconsideration/alter or amend judgment (MD, ) (Entered: 07/01/2003)

June 26, 2003

June 26, 2003

64

SURREPLY filed by Petitioner Yusuf Ali Ali re 60 Motion for Reconsideration (Attachments: # 1)(MD, ) (Entered: 07/07/2003)

June 27, 2003

June 27, 2003

65

MOTION to Amend/correct EAJA reply by Respondent John D Ashcroft. Noting Date 7/18/2003. (Attachments: # proposed order (1))(MD, ) (Entered: 07/07/2003)

June 27, 2003

June 27, 2003

66

REPLY to Response to Motion filed by Respondent John D Ashcroft re 60 Motion for Reconsideration/alter or amend judgment awarding fees and costs to petitioners (MD, ) (Entered: 07/07/2003)

June 27, 2003

June 27, 2003

67

RESPONSE to Motion filed by Petitioner Yusuf Ali Ali re 65 MOTION to Amend (MD, ) (Entered: 07/17/2003)

July 11, 2003

July 11, 2003

68

CERTIFICATE OF SERVICE re 67 Response to Motion. (MD, ) (Entered: 07/17/2003)

July 11, 2003

July 11, 2003

69

NOTICE OF APPEAL (03−35620) as to 58 Judgment, 57 Order by Respondent John D Ashcroft. (Pickrell, Christopher) Modified on 8/6/2003 (SA, ). (Entered: 07/28/2003)

July 28, 2003

July 28, 2003

Appeal Fees not received: fee in the amount of $ 0. (receipt # n/a) re 69 Notice of Appeal filed by John D Ashcroft (SA, ) (Entered: 07/29/2003)

July 29, 2003

July 29, 2003

APPEAL NOTIFICATION packet sent to US Court of Appeals re 69 Notice of Appeal (SA, ) (Entered: 07/29/2003)

July 29, 2003

July 29, 2003

70

MINUTE ORDER granting 65 Motion to Amend Reply Brief. by Judge Marsha J. Pechman. (JS) (Entered: 07/30/2003)

July 30, 2003

July 30, 2003

71

ORDER denying 60 Motion to Alter or Amend Judgment pursuant to FRCP 59(e). by Judge Marsha J. Pechman. (JS) (Entered: 07/30/2003)

July 30, 2003

July 30, 2003

USCA Case Number (03−35620) for 69 Notice of Appeal filed by John D Ashcroft. (SA, ) (Entered: 08/06/2003)

July 30, 2003

July 30, 2003

73

NOTICE OF APPEAL (03−35791) as to 71 Order on Motion for Reconsideration by Respondent John D Ashcroft. (Pickrell, Christopher) Modified on 10/3/2003 (SA, ). (Entered: 09/26/2003)

Sept. 26, 2003

Sept. 26, 2003

Appeal Fees NOT received: fee not required for government appellant. (SA, ) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

APPEAL NOTIFICATION packet sent to US Court of Appeals re 73 Notice of Appeal (SA, ) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

USCA Case Number 03−35791 for 73 Notice of Appeal filed by John D Ashcroft. (SA, ) (Entered: 10/03/2003)

Oct. 1, 2003

Oct. 1, 2003

77

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman − Pla Counsel: Nick Gellert ; Def Counsel: Greg Mack ; Telephone Conference held on 8/3/2004. The parties are to submit briefing on 1) whether this Court has jurisdiction to take any action in light of the current posture before the Ninth Circuit, and 2) proposed notice to the class members currently in detention regarding the current status of the case. Briefing should be filed by 8/11. Oral Argument set for 8/24/2004 at 9:00 am, before Hon. Marsha J. Pechman. Class counsel directed to contact the two individuals who have contacted the Court to inform them of the current status.(RG, ) (Entered: 08/03/2004)

Aug. 3, 2004

Aug. 3, 2004

Set/Reset Hearings: Oral Argument/In−court Hearing set for 8/24/2004 09:00 AM before Hon. Marsha J. Pechman. (MD, ) (Entered: 08/04/2004)

Aug. 3, 2004

Aug. 3, 2004

78

MEMORANDUM re 77 Telephone Conference,, Re: Notice to Detained Class Members by Petitioner Yusuf Ali Ali. (Gellert, Nicholas) (Entered: 08/10/2004)

Aug. 10, 2004

Aug. 10, 2004

79

MEMORANDUM Concerning the Court's Post−Appeal Authority and Proposed Notice to Class Members by Respondents John D Ashcroft, Robert S Coleman Jr, Immigration and Naturalization Service US. (Attachments: # 1 Exhibit A − part 1# 2 Exhibit A − part 2# 3 Exhibit 2− Filed Under Seal)(Pickrell, Christopher) (Entered: 08/10/2004)

Aug. 10, 2004

Aug. 10, 2004

81

DECLARATION of Kevin Magnuson re 78 Memorandum re: Notice to Detained Class Members by Petitioner Yusuf Ali Ali. (Attachments: # 1 Exhibit pages 7−16)(Gellert, Nicholas) (Entered: 08/10/2004)

Aug. 10, 2004

Aug. 10, 2004

82

SEALED DOCUMENT Declaration of Nicholas Gellert by Petitioner Yusuf Ali Ali re 78 Memorandum. (Attachments/exhibits: # 1 # 2 # 3 # 4 # 5 # 6)(Gellert, Nicholas) Modified text on 8/11/2004 (MD, ). (Entered: 08/10/2004)

Aug. 10, 2004

Aug. 10, 2004

83

SEALED DOCUMENT Exhibit 2 by Respondents John D Ashcroft, Robert S Coleman Jr, Immigration and Naturalization Service US re 79 Memorandum. Originally filed electronically by counsel on 8/10/2004 as Ex Parte/Sealed. (AF, ) (Entered: 08/12/2004)

Aug. 10, 2004

Aug. 10, 2004

84

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman − Dep Clerk: Eileen Scollard ; CR: Joseph Roth ; Pla Counsel: Nicolas Gellert, et al ; Def Counsel: Greg Mack, et al ; In Court Hearing held on 8/25/04. Discussion re Notice, order on website, receipt mechanism, etc. Court directs counsel to work with Law Clerk,Joseph Shaeffer. (ES) (Entered: 08/25/2004)

Aug. 25, 2004

Aug. 25, 2004

85

REQUEST by Petitioner Yusuf Ali Ali for Entry of Order Regarding Notices re 84 In Court Hearing,. (Attachments: # 1 Proposed Order RE Notice of Classwide Injunction# 2 Exhibit to Proposed Order [pgs 5−19])(Gellert, Nicholas) (Entered: 09/02/2004)

Sept. 2, 2004

Sept. 2, 2004

86

DECLARATION of Nicholas Gellert re 85 Request for Entry of Order Re Notices by Petitioner Yusuf Ali Ali. (Attachments: # 1 Exhibit to Declaration of Nicholas Gellert)(Gellert, Nicholas) (Entered: 09/02/2004)

Sept. 2, 2004

Sept. 2, 2004

87

RESPONSE by Respondents John D Ashcroft, Immigration and Naturalization Service US re 85 Request Respondents' Response to Petitioners' Request for Entry of Order Regarding Notices . (Pickrell, Christopher) (Entered: 09/08/2004)

Sept. 8, 2004

Sept. 8, 2004

88

NOTICE of Appearance (Dahl, Christine) (Entered: 09/08/2004)

Sept. 8, 2004

Sept. 8, 2004

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 13, 2002

Closing Date: Sept. 19, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A nationwide habeas and declaratory class composed of all persons in the U.S. who were subject to final orders of removal to Somalia.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Service , Federal

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: $54,468.25

Order Duration: 2003 - 2006

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Detention - criteria