Kelvin Hernandez Roman, et al v. Chad Wolf, et al
Petitioner: MIGUEL AGUILAR ESTRADA, on behalf of themselves and all others similarly situated, BEATRIZ ANDREA FORERO CHAVEZ and KELVIN HERNANDEZ ROMAN
Respondent: MATTHEW T. ALBENCE, Deputy Director and Senior Official Performing the Duties of the Director, U.S. Immigration and Customs Enforcement, DAVID MARIN, Director of the Los Angeles Field Office, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, JAMES JANECKA, Warden, Adelanto ICE Processing Center, CHAD F. WOLF, Secretary, U.S. Department of Homeland Security and TONY H. PHAM, Senior Official Performing the Duties of the Director
Amicus Curiae: NIKOLAS BOWIE, ERWIN CHEMERINSKY, MICHAEL DORF, LEAH LITMAN, PAMELA S. KARLAN, AMANDA SHANOR, DAVID STRAUSS, LAURENCE H. TRIBE, STEPHEN I. VALDECK, TEN EXPERTS IN MEDICINE AND PUBLIC HEALTH, AND PHYSICIANS FOR HUMAN RIGHTS, IMMIGRATION REFORM LAW INSTITUTE, NATIONAL IMMIGRANT JUSTICE CENTER, HUMAN RIGHTS WATCH and LAW PROFESSORS
Case Number: 20-55436
Filed: April 24, 2020
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Habeas Corpus (Alien Detainees)

Opinions

We have the following opinions for this case:

Date Filed Description
September 23, 2020 KELVIN HERNANDEZ ROMAN V. CHAD WOLF
October 13, 2020 Summary Hernandez Roman v. Wolf

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Docket Report

This docket was last retrieved on January 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 15, 2021 Opinion or Order Filing 90 Terminated Scott Grant Stewart for Chad F. Wolf, Tony H. Pham, David Marin and James Janecka [11965285] (DJV) [Entered: 01/15/2021 10:19 AM]
January 14, 2021 Opinion or Order Filing 89 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Scott Grant Stewart for Appellants James Janecka, David Marin, Tony H. Pham and Chad F. Wolf. Party proceeding without counsel: No. Date of service: 01/14/2021. [11964633] [20-55436] (Robins, Jeffrey) [Entered: 01/14/2021 04:28 PM]
December 7, 2020 Opinion or Order Filing 88 MANDATE ISSUED.(PJW, MTF and EDM) [11916621] (CW) [Entered: 12/07/2020 10:21 AM]
October 13, 2020 Opinion or Order Filing 87 Appellant Matthew T. Albence in 20-55436 substituted by Appellant Tony H. Pham in 20-55436 [11855798] (TYL) [Entered: 10/13/2020 10:09 AM]
October 13, 2020 Opinion or Order Filing 86 FILED PER CURIAM OPINION (PAUL J. WATFORD, MICHELLE T. FRIEDLAND and ERIC D. MILLER) (Concurrence by Judge Miller) Based on the foregoing, the preliminary injunction order is affirmed in part and vacated in part, and the case is remanded for further proceedings consistent with this disposition. [11855458] (AKM) [Entered: 10/13/2020 08:19 AM]
September 23, 2020 Opinion or Order Filing 85 FILED MEMORANDUM DISPOSITION (PAUL J. WATFORD, MICHELLE T. FRIEDLAND and ERIC D. MILLER) (Concurrence by Judge Miller) Based on the foregoing, the preliminary injunction order is affirmed in part and vacated in part, and the case is remanded for further proceedings consistent with this disposition. Because the substantive provisions of the preliminary injunction are vacated, we dissolve forthwith the stay pending appeal of that order, and we deny Plaintiffs emergency motion as moot. See Consejo de Desarrollo Economico de Mexicali, A.C. v. United States, 482 F.3d 1157, 1174 n.7 (9th Cir. 2007). FILED AND ENTERED JUDGMENT. [11835116] (AKM) [Entered: 09/23/2020 09:41 PM]
September 22, 2020 Opinion or Order Filing 84 Filed (ECF) Appellees Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez and Kelvin Hernandez Roman in 20-55436, 20-55662 EMERGENCY Motion for miscellaneous relief [to Clarify Stay of Preliminary Injunction or, Alternatively, to Lift Stay in Part in Light of COVID-19 Outbreak]. Date of service: 09/22/2020. [11833593] [20-55436, 20-55662]--[COURT ENTERED NOTE: No Action Necessary, emergency motion for miscellaneous relief resolved in 20-55436, Dkt. 85. 09/24/2020 by SLM] (Deger-Sen, Samir) [Entered: 09/22/2020 09:03 PM]
September 22, 2020 Opinion or Order Filing 83 Filed (ECF) Appellees Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez and Kelvin Hernandez Roman in 20-55436, 20-55662 citation of supplemental authorities. Date of service: 09/22/2020. [11833323] [20-55436, 20-55662] (Deger-Sen, Samir) [Entered: 09/22/2020 03:49 PM]
September 15, 2020 Opinion or Order Filing 82 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [11826700] [20-55436, 20-55662] (TG) [Entered: 09/16/2020 03:47 PM]
September 15, 2020 Opinion or Order Filing 81 ARGUED AND SUBMITTED TO PAUL J. WATFORD, MICHELLE T. FRIEDLAND and ERIC D. MILLER. [11824768] [20-55436, 20-55662] (DO) [Entered: 09/15/2020 01:29 PM]
September 9, 2020 Opinion or Order Filing 80 Filed order (PAUL J. WATFORD, MICHELLE T. FRIEDLAND and ERIC D. MILLER): At oral argument, the parties shall be prepared to address whether there is still a live controversy between the parties that this court can and should decide about the appropriateness of the particular population reduction requirements in the preliminary injunction and the dates by which such reductions had to be accomplished, given that the deadlines for release are now long past and the detainee population at Adelanto has significantly decreased since the district court entered the preliminary injunction. [11817639] [20-55436, 20-55662] (AF) [Entered: 09/09/2020 01:20 PM]
September 4, 2020 Opinion or Order Filing 79 Filed (ECF) Appellees Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez and Kelvin Hernandez Roman in 20-55436, 20-55662 citation of supplemental authorities. Date of service: 09/04/2020. [11814528] [20-55436, 20-55662] (Deger-Sen, Samir) [Entered: 09/04/2020 06:47 PM]
September 2, 2020 Opinion or Order Filing 78 Filed (ECF) Appellants James Janecka, David Marin, Chad F. Wolf and Matthew T. Albence in 20-55436, Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf in 20-55662 citation of supplemental authorities. Date of service: 09/02/2020. [11810313] [20-55436, 20-55662] (Mercado-Santana, Victor) [Entered: 09/02/2020 08:40 AM]
August 26, 2020 Opinion or Order Filing 77 Filed (ECF) Acknowledgment of hearing notice by Attorney Scott Grant Stewart for Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf in 20-55436, Attorney Scott Grant Stewart for Appellants Chad F. Wolf, Matthew T. Albence, David Marin and James Janecka in 20-55662. Hearing in San Francisco on 09/15/2020 at 09:30 A.M. (Courtroom: 2). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/26/2020. [11804232] [20-55436, 20-55662] (Stewart, Scott) [Entered: 08/26/2020 05:50 PM]
August 26, 2020 Opinion or Order Filing 76 Added Attorney(s) Scott Grant Stewart for party(s) Appellant Matthew T. Albence Appellant David Marin Appellant James Janecka Appellant Chad F. Wolf, [11803857] [20-55436, 20-55662] (JFF) [Entered: 08/26/2020 02:46 PM]
August 26, 2020 Opinion or Order Filing 75 Filed (ECF) notice of appearance of Scott Grant Stewart (U.S. Department of Justice, Civil Division, 950 Pennsylvania Ave., N.W., Washington, D.C. 20530) for Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf in 20-55436, 20-55662. Date of service: 08/26/2020. (Party was previously proceeding with counsel.) [11803827] [20-55436, 20-55662] (Stewart, Scott) [Entered: 08/26/2020 02:36 PM]
August 25, 2020 Opinion or Order Filing 74 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Samir Deger-Sen for Appellees Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez and Kelvin Hernandez Roman in 20-55662, Attorney Mr. Samir Deger-Sen for Appellees Kelvin Hernandez Roman, Beatriz Andrea Forero Chavez and Miguel Aguilar Estrada in 20-55436. Hearing in San Francisco on 09/15/2020 at 09:30 A.M. (Courtroom: 2). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/25/2020. [11802856] [20-55662, 20-55436] (Deger-Sen, Samir) [Entered: 08/25/2020 07:52 PM]
August 24, 2020 Opinion or Order Filing 73 Received 6 paper copies of Answering Brief [59] filed UNDER SEAL by Appellees. (sent to panel) [11800484] [20-55436, 20-55662] (SD) [Entered: 08/24/2020 02:29 PM]
August 24, 2020 Opinion or Order Filing 72 Received 6 paper copies of Amicus Brief [ # 64 ] filed by Law Professors. (sent to panel) [11800455] [20-55436, 20-55662] (SD) [Entered: 08/24/2020 02:20 PM]
August 24, 2020 Opinion or Order Filing 71 Received 3 paper copies of supplemental excerpts of record [ # 57 ], [60] in 2 volume(s)(volume 2 UNDER SEAL) filed by Appellees. (sent to panel) [11800435] [20-55436, 20-55662] (KWG) [Entered: 08/24/2020 02:14 PM]
August 20, 2020 Opinion or Order Filing 70 Filed (ECF) Errata to Amicus Brief ([ # 64 ] Brief Submitted for Review (ECF Filing)). Filed by Amicus Curiae Law Professors in 20-55436, 20-55662. Date of service: 08/20/2020. [11797384] [20-55436, 20-55662] (Dermody, Kelly) [Entered: 08/20/2020 06:56 PM]
August 20, 2020 Opinion or Order Filing 69 Received 6 paper copies of Reply Brief [ # 67 ] filed by Appellents. (sent to panel) [11796770] [20-55436, 20-55662] (SD) [Entered: 08/20/2020 02:24 PM]
August 18, 2020 Opinion or Order Filing 68 Filed clerk order: The reply brief [ # 67 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [11792712] [20-55436, 20-55662] (KT) [Entered: 08/18/2020 09:19 AM]
August 17, 2020 Opinion or Order Filing 67 Submitted (ECF) Reply Brief for review. Submitted by Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf in 20-55436, 20-55662. Date of service: 08/17/2020. [11792437] [20-55436, 20-55662] (Chen, Hans) [Entered: 08/17/2020 08:25 PM]
August 17, 2020 Opinion or Order Filing 66 Filed clerk order: The amicus brief [ # 64 ] submitted by Law Professors is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11792176] [20-55662, 20-55436] (KT) [Entered: 08/17/2020 04:28 PM]
August 17, 2020 Opinion or Order Filing 65 Entered appearance of Amicus Curiae Law Professors. [11792174] [20-55662, 20-55436] (KT) [Entered: 08/17/2020 04:28 PM]
August 17, 2020 Opinion or Order Filing 64 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of Amici Law Professors. Date of service: 08/17/2020. [11791996] [20-55662, 20-55436] (Dermody, Kelly) [Entered: 08/17/2020 03:34 PM]
August 17, 2020 Opinion or Order Filing 63 Filed (ECF) Errata to Answering Brief ([59] Brief Submitted for Review (ECF Filing)). Filed by Appellees Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez and Kelvin Hernandez Roman in 20-55436, 20-55662. Date of service: 08/17/2020. [11791919] [20-55436, 20-55662] (Deger-Sen, Samir) [Entered: 08/17/2020 03:06 PM]
August 17, 2020 Opinion or Order Filing 62 Filed clerk order: The answering brief [59] submitted by appellees is filed UNDER SEAL. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [ # 57 ], [60] submitted by appellees are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11791901] [20-55436, 20-55662] (KT) [Entered: 08/17/2020 03:02 PM]
August 17, 2020 Opinion or Order Filing 61 Filed text clerk order (Deputy Clerk: WL): Appellees motion to file their answering brief and supplemental excerpts of record, Vol. 2, under seal (Docket No. [ # 58 ]) is granted. [11790787] [20-55436, 20-55662] (WL) [Entered: 08/17/2020 09:29 AM]
August 11, 2020 Opinion or Order Filing 60 Submitted (ECF) UNDER SEAL supplemental excerpts of record, volume 2. Submitted by Appellees Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez and Kelvin Hernandez Roman. Date of service: 08/10/2020. (Court-entered filing, excerpts of record originally submitted in [56].) [11785142] [20-55436, 20-55662] (KT) [Entered: 08/11/2020 01:47 PM]
August 11, 2020 Opinion or Order Filing 59 Submitted (ECF) UNDER SEAL Answering Brief for review. Submitted by Appellees Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez and Kelvin Hernandez Roman. Date of service: 08/10/2020. (Court-entered filing, brief originally submitted in [56].) [11785119] [20-55436, 20-55662] (KT) [Entered: 08/11/2020 01:40 PM]
August 11, 2020 Opinion or Order Filing 58 Filed Appellees Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez and Kelvin Hernandez Roman motion to file answering brief and supplemental excerpts of recorrd, volume 2 UNDER SEAL. Deficiencies: None. Served on 08/10/2020.(Court-entered filing,motion originally submitted in [56].) [11785082] [20-55436, 20-55662] (KT) [Entered: 08/11/2020 01:23 PM]
August 10, 2020 Opinion or Order Filing 57 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez and Kelvin Hernandez Roman in 20-55436, 20-55662. Date of service: 08/10/2020. [11784152] [20-55436, 20-55662] (Deger-Sen, Samir) [Entered: 08/10/2020 10:13 PM]
August 10, 2020 Opinion or Order Filing 56 Filed (ECF) UNDER SEAL Appellees Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez and Kelvin Hernandez Roman in 20-55436, 20-55662 motion to file document under seal and submit sealed document. Type of document: other (Answering Brief and Supplemental Excerpts of Record Volume 2 of 2). Date of service: 08/10/2020. [11784151] [20-55436, 20-55662] (Deger-Sen, Samir) [Entered: 08/10/2020 10:11 PM]
July 28, 2020 Opinion or Order Filing 55 Received 6 paper copies of Opening Brief [ # 46 ] filed by Appellants in 20-55662. (sent to panel along with excerpts of record.) [11770656] [20-55436, 20-55662] (SD) [Entered: 07/29/2020 12:08 PM]
July 28, 2020 Opinion or Order Filing 54 Received 3 paper copies of excerpts of record [ # 47 ], [51] in 3 volume(s) filed by Appellants in 20-55662. [11769525] [20-55436, 20-55662] (KWG) [Entered: 07/28/2020 02:21 PM]
July 24, 2020 Opinion or Order Filing 53 Filed clerk order: The opening brief [ # 46 ] submitted by appellants in 20-55662 is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 47 ], [51] submitted by appellants in 20-55662 are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11765729] [20-55436, 20-55662] (KT) [Entered: 07/24/2020 04:02 PM]
July 24, 2020 Opinion or Order Filing 52 Filed text clerk order (Deputy Clerk: WL): Governments motion to file portions of the excerpts of record under seal (Docket No. [ # 50 ]) is granted. [11765679] [20-55436, 20-55662] (WL) [Entered: 07/24/2020 03:42 PM]
July 24, 2020 Opinion or Order Filing 51 Submitted (ECF) UNDER SEAL excerpts of record, volume 3. Submitted by Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf. Date of service: 07/23/2020. (Court-entered filing, excerpts of record originally submitted in [48].) [11765223] [20-55436, 20-55662] (KT) [Entered: 07/24/2020 12:31 PM]
July 24, 2020 Opinion or Order Filing 50 Filed Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf motion to file excerpts of record, volume 3 UNDER SEAL. Deficiencies: None. Served on 07/23/2020. (Court-entered filing,motion originally submitted in [48].) [11765211] [20-55436, 20-55662] (KT) [Entered: 07/24/2020 12:27 PM]
July 24, 2020 Opinion or Order Filing 49 Added Attorney(s) Hans Harris Chen for party(s) Appellant Matthew T. Albence Appellant David Marin Appellant James Janecka Appellant Chad F. Wolf, in case 20-55662 Attorney(s) Hans Harris Chen for party(s) Appellant Matthew T. Albence Appellant David Marin Appellant James Janecka Appellant Chad F. Wolf, in case 20-55436. [11764817] [20-55436, 20-55662] (NAC) [Entered: 07/24/2020 09:41 AM]
July 23, 2020 Opinion or Order Filing 48 Filed (ECF) UNDER SEAL Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf in 20-55662, 20-55436 motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 07/23/2020. [11764548] [20-55662, 20-55436]--[COURT UPDATE: updated docket text to reflect contents of submission. 07/24/2020 by KT] (Robins, Jeffrey) [Entered: 07/23/2020 11:34 PM]
July 23, 2020 Opinion or Order Filing 47 Submitted (ECF) excerpts of record. Submitted by Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf in 20-55662, 20-55436. Date of service: 07/23/2020. [11764547] [20-55662, 20-55436] (Robins, Jeffrey) [Entered: 07/23/2020 11:31 PM]
July 23, 2020 Opinion or Order Filing 46 Submitted (ECF) Opening Brief for review. Submitted by Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf in 20-55662, 20-55436. Date of service: 07/23/2020. [11764545] [20-55662, 20-55436] (Robins, Jeffrey) [Entered: 07/23/2020 11:20 PM]
July 23, 2020 Opinion or Order Filing 45 Filed (ECF) notice of appearance of Hans Harris Chen (U.S. Department of Justice, Civil Division, Office of Immigration Litigation, District Court Section, PO Box 868, Washington DC 20044) for Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf in 20-55662, 20-55436. Date of service: 07/23/2020. (Party was previously proceeding with counsel.) [11764537] [20-55662, 20-55436] (Chen, Hans) [Entered: 07/23/2020 09:38 PM]
July 21, 2020 Opinion or Order Filing 44 Received 6 paper copies of Reply Brief [ # 42 ] filed by appellants. (sent to panel) [11760626] [20-55436, 20-55662] (SD) [Entered: 07/21/2020 01:43 PM]
July 13, 2020 Opinion or Order Filing 43 Filed clerk order: The reply brief [ # 42 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [11750920] [20-55436, 20-55662] (KT) [Entered: 07/13/2020 02:35 PM]
July 10, 2020 Opinion or Order Filing 42 Submitted (ECF) Reply Brief for review. Submitted by Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf in 20-55436, 20-55662. Date of service: 07/10/2020. [11749697] [20-55436, 20-55662] (Robins, Jeffrey) [Entered: 07/10/2020 08:20 PM]
July 9, 2020 Opinion or Order Filing 41 ** UPDATED NOTICE TO INCLUDE 20-55662 ** Notice of Oral Argument on Tuesday, September 15, 2020 - 09:30 A.M. - Scheduled Location: Courtroom 2 - San Francisco CA. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Tuesday, September 15, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [11747194] [20-55662, 20-55436] (KS) [Entered: 07/09/2020 10:56 AM]
July 8, 2020 Opinion or Order Filing 40 Filed order (SIDNEY R. THOMAS, MARY M. SCHROEDER and CONSUELO M. CALLAHAN) The governments motion (Docket Entry No. [ # 11737699-0 ] in 20-55662) to stay the district courts June 17, 2020 and June 19, 2020 orders pending appeal is denied. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). The party requesting a stay bears the burden of showing that the circumstances justify an exercise of that discretion. Nken v. Holder, 556 U.S. 418, 433-34 (2009). The factors for consideration are: (1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies. Id. at 434. Here, the district court entered case processing orders that allowed individualized bail determinations of immigration detainees who sought release because of exposure to and risk of contracting COVID-19. The orders are consistent with the proceedings utilized by other district courts....The court also sua sponte expedites the briefing and hearing of these consolidated appeals. The opening brief and the answering brief have been filed in 20-55436. The optional reply brief in 20-55436 remains due July 10, 2020. The opening brief and excerpts of record in 20-55662 are due July 23, 2020. The answering brief in 20-55662 is due August 10, 2020. The optional reply brief in 20-55662 is due August 17, 2020. No streamlined extensions of time will be approved. See Ninth Circuit Rule 31-2.2(a)(1). No written motions for extensions of time under Ninth Circuit Rule 31-2.2(b) will be granted absent extraordinary and compelling circumstances. (JUDGE CALLAHAN DISSENTING) (SEE ORDER FOR FULL TEXT) [11746626] [20-55436, 20-55662] (OC) [Entered: 07/08/2020 05:20 PM]
July 5, 2020 Opinion or Order Filing 39 Notice of Oral Argument on Tuesday, September 15, 2020 - 09:30 A.M. - Courtroom 2 - Scheduled Location: San Francisco CA. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with your directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Tuesday, September 15, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11741763]. [20-55436] (AW) [Entered: 07/05/2020 06:10 AM]
July 1, 2020 Opinion or Order Filing 38 Received 6 paper copies of Amicus Brief [ # 35 ] filed by Human Rights Watch and NIJC. (sent to panel) [11739873] (SD) [Entered: 07/01/2020 01:47 PM]
June 29, 2020 Opinion or Order Filing 37 Filed clerk order: The amicus brief [ # 35 ] submitted by Human Rights Watch and NIJC is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11736899] (KT) [Entered: 06/29/2020 03:20 PM]
June 29, 2020 Opinion or Order Filing 36 Entered appearance of Amici Curiae NIJC and Human Rights Watch. [11736895] (KT) [Entered: 06/29/2020 03:19 PM]
June 26, 2020 Opinion or Order Filing 35 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Immigrant Justice Center and Human Rights Watch. Date of service: 06/26/2020. [11735556] [20-55436] (Debold, David) [Entered: 06/26/2020 05:25 PM]
June 26, 2020 Opinion or Order Filing 34 Filed clerk order: The amicus brief [ # 31 ] submitted by Nikolas Bowie, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11735281] (KT) [Entered: 06/26/2020 03:09 PM]
June 26, 2020 Opinion or Order Filing 33 Received 3 paper copies of supplemental excerpts of record [ # 29 ] in 1 volume(s) filed by appellees. (sent to panel) [11735070] (LA) [Entered: 06/26/2020 01:54 PM]
June 26, 2020 Opinion or Order Filing 32 Received 6 paper copies of Answering Brief [ # 28 ] filed by appellees. (sent to panel) [11735067] (LA) [Entered: 06/26/2020 01:53 PM]
June 26, 2020 Opinion or Order Filing 31 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Nikolas Bowie, Erwin Chemerinsky, Michael Dorf, Leah Litman, Pamela S. Karlan, Amanda Shanor, David Strauss, Laurence H. Tribe, Stephen I. Vladeck, Ten Experts in Medicine and Public Health, and Physicians for Human Rights. Date of service: 06/26/2020. [11734746] [20-55436] (Rosenbaum, Mark) [Entered: 06/26/2020 10:40 AM]
June 22, 2020 Filing 30 Filed clerk order: The answering brief [ # 28 ] submitted by appellees is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [ # 29 ] submitted by appellees are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11729030] (KT) [Entered: 06/22/2020 11:14 AM]
June 19, 2020 Filing 29 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez and Kelvin Hernandez Roman. Date of service: 06/19/2020. [11728274] [20-55436]--[COURT UPDATE: updated docket text to reflect all filers. 06/22/2020 by KT] (Deger-Sen, Samir) [Entered: 06/19/2020 07:56 PM]
June 19, 2020 Filing 28 Submitted (ECF) Answering Brief for review. Submitted by Appellees Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez and Kelvin Hernandez Roman. Date of service: 06/19/2020. [11728269] [20-55436]--[COURT UPDATE: updated dockete text to reflect all filers. 06/22/2020 by KT] (Deger-Sen, Samir) [Entered: 06/19/2020 07:46 PM]
June 3, 2020 Filing 27 Filed clerk order: The amicus brief [ # 23 ] submitted by Immigration Reform Law Institute is filed. No paper copies are required at this time. [11710023] (KT) [Entered: 06/03/2020 02:35 PM]
June 3, 2020 Filing 26 Filed clerk order: The amicus brief [ # 12 ] submitted by Nikolas Bowie, et al. is filed. No paper copies are required at this time. [11710017] (KT) [Entered: 06/03/2020 02:34 PM]
June 3, 2020 Filing 25 Entered appearance of Amicus Curiae Immigration Reform Law Institute. [11710006] (KT) [Entered: 06/03/2020 02:32 PM]
June 3, 2020 Filing 24 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for September 2020 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[11709745]. [20-55436] (AW) [Entered: 06/03/2020 12:22 PM]
June 2, 2020 Filing 23 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Immigration Reform Law Institute. Date of service: 06/02/2020. [11709106] [20-55436] (Joseph, Lawrence) [Entered: 06/02/2020 07:28 PM]
May 26, 2020 Filing 22 Filed clerk order: The opening brief [ # 20 ] and excerpts of record [ # 21 ] submitted by appellants are filed. No paper copies are required at this time. [11700303] (KT) [Entered: 05/26/2020 09:33 AM]
May 22, 2020 Filing 21 Submitted (ECF) excerpts of record. Submitted by Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf. Date of service: 05/22/2020. [11699977] [20-55436] (Robins, Jeffrey) [Entered: 05/22/2020 07:28 PM]
May 22, 2020 Filing 20 Submitted (ECF) Opening Brief for review. Submitted by Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf. Date of service: 05/22/2020. [11699976] [20-55436] (Robins, Jeffrey) [Entered: 05/22/2020 07:27 PM]
May 14, 2020 Filing 19 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [11691564] (VS) [Entered: 05/14/2020 05:20 PM]
May 5, 2020 Filing 18 Added Attorney(s) Michelle Cho for party(s) Appellee Miguel Aguilar Estrada Appellee Kelvin Hernandez Roman Appellee Beatriz Andrea Forero Chavez, in case 20-55436. [11680906] (JFF) [Entered: 05/05/2020 11:13 AM]
May 5, 2020 Filing 17 Filed order (BARRY G. SILVERMAN, JACQUELINE H. NGUYEN and DANIEL PAUL COLLINS, concurring in part and dissenting in part) Appellants Emergency Motion for Stay Pending Appeal (Docket No. [ # 7 ]) is granted in part and denied in part. The district courts preliminary injunction is stayed, except as follows: to the extent that paragraph 13 of the preliminary injunction requires substantial compliance with guidelines issued by the Centers for Disease Control and Prevention (CDC) for correctional and detention facilities to follow in managing COVID-19, see Ctrs. for Disease Control & Prevention, Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, https://www.cdc.gov/coronavirus/2019-ncov/downloads/guidance-correctional-detention.pdf, the motion for stay is denied. To the extent that paragraph 13 imposes obligations beyond that exception, it is also stayed. The motion of Nikolas Bowie and others to file a brief amicus curiae in opposition to the motion to stay (Docket No. [ # 12 ]) is granted. The previously established briefing schedule continues to apply to this appeal. This appeal shall be expedited and assigned to the next available panel upon completion of briefing. (SEE ORDER FOR FULL TEXT) [11680855] (WL) [Entered: 05/05/2020 10:55 AM]
May 4, 2020 Filing 16 Filed (ECF) notice of appearance of Michelle Young Cho (ACLU of Southern California, 1313 W. 8th Street, Los Angeles, CA 90017) for Appellees Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez and Kelvin Hernandez Roman. Date of service: 05/04/2020. (Party was previously proceeding with counsel.) [11680328] [20-55436] (Cho, Michelle) [Entered: 05/04/2020 07:22 PM]
May 1, 2020 Filing 15 Entered appearance of Amici Curiae - Pending Nikolas Bowie, Erwin Chemerinsky, Michael Dorf, Leah Litman, Pamela S. Karlan, Amanda Shanor, David Strauss, Laurence H. Tribe, Stephen I. Vladeck, Ten Experts in Medicine and Public Health, and Physicians for Human Rights. [11678456] (KT) [Entered: 05/01/2020 04:03 PM]
May 1, 2020 Filing 14 COURT CORRECTION: Attorneys William M. Friedman, William M. Friedman and William M. Friedman in 20-55436 substituted by Attorneys William M. Friedman, William M. Friedman and William M. Friedman in 20-55436 [11678007] (SLM) [Entered: 05/01/2020 12:38 PM]
April 29, 2020 Filing 13 Filed (ECF) Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf reply to response (). Date of service: 04/29/2020. [11675925] [20-55436] --[COURT UPDATE: Updated docket text to reflect correct party filers. 4/29/2020 by TYL] (Robins, Jeffrey) [Entered: 04/29/2020 02:53 PM]
April 29, 2020 Filing 12 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Nikolas Bowie, Erwin Chemerinsky, Michael Dorf, Leah Litman, Pamela S. Karlan, Amanda Shanor, David Strauss, Laurence H. Tribe, Stephen I. Vladeck, Ten Experts in Medicine and Public Health, and Physicians for Human Rights. Date of service: 04/29/2020. [11675312] [20-55436] (Rosenbaum, Mark) [Entered: 04/29/2020 09:56 AM]
April 28, 2020 Filing 11 Filed (ECF) Appellees Miguel Aguilar Estrada, Beatriz Andrea Forero Chavez and Kelvin Hernandez Roman response opposing motion ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing)). Date of service: 04/28/2020. [11674979] [20-55436] (Deger-Sen, Samir) [Entered: 04/28/2020 05:02 PM]
April 28, 2020 Filing 10 Received copy of Notice filed in district court re:. Representation Statement [11674720] (JFF) [Entered: 04/28/2020 03:23 PM]
April 28, 2020 Filing 9 MEDIATION ORDER FILED: By 05/12/2020, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. SEE ORDER FOR DETAILS. [11674301] (VS) [Entered: 04/28/2020 11:41 AM]
April 27, 2020 Filing 8 The Mediation Questionnaire for this case was filed on 04/27/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11673511]. [20-55436] (AD) [Entered: 04/27/2020 06:44 PM]
April 27, 2020 Filing 7 Filed (ECF) Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf EMERGENCY Motion to stay lower court action. Date of service: 04/27/2020. [11673379] [20-55436] (Robins, Jeffrey) [Entered: 04/27/2020 04:52 PM]
April 27, 2020 Filing 6 Filed (ECF) Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf Mediation Questionnaire. Date of service: 04/27/2020. [11673039] [20-55436] (Mercado-Santana, Victor) [Entered: 04/27/2020 03:20 PM]
April 25, 2020 Filing 5 Filed order (MARY H. MURGUIA, JOHN B. OWENS and MARK J. BENNETT) The court has received appellants emergency motion for an administrative stay and appellees opposition. The request for an immediate administrative stay is granted. The district courts April 23, 2020 preliminary injunction order is temporarily stayed pending further court order. Appellants emergency motion seeking a stay pending appeal is due by 5 p.m. on April 27, 2020. Appellees opposition is due by 5 p.m. on April 28, 2020. Any reply is due by 3 p.m. on April 29, 2020. [11671683] (HH) [Entered: 04/25/2020 10:06 PM]
April 25, 2020 Filing 4 Filed (ECF) Appellees Kelvin Hernandez Roman, Beatriz Andrea Forero Chavez and Miguel Aguilar Estrada response opposing motion ([ # 3 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 04/25/2020. [11671677] [20-55436] (Deger-Sen, Samir) [Entered: 04/25/2020 04:16 PM]
April 24, 2020 Filing 3 Filed (ECF) Appellants Matthew T. Albence, James Janecka, David Marin and Chad F. Wolf EMERGENCY Motion to stay lower court action. Date of service: 04/24/2020. [11671609] [20-55436] (Robins, Jeffrey) [Entered: 04/24/2020 05:54 PM]
April 24, 2020 Filing 2 Filed clerk order (Deputy Clerk: MCD): The appeal filed April 24, 2020 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than May 22, 2020; the answering brief is due June 19, 2020 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31- 2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11671607] (ME) [Entered: 04/24/2020 05:52 PM]
April 24, 2020 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [11671434] (RT) [Entered: 04/24/2020 03:59 PM]

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Search for this case: Kelvin Hernandez Roman, et al v. Chad Wolf, et al
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Petitioner: MIGUEL AGUILAR ESTRADA, on behalf of themselves and all others similarly situated
Represented By: Samir Deger-Sen
Represented By: Ahilan Thevanesan Arulanantham
Represented By: Jessica Karp Bansal
Represented By: Michael Kaufman
Represented By: William M. Friedman
Represented By: Michelle Cho
Represented By: Michelle Young Cho
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Petitioner: BEATRIZ ANDREA FORERO CHAVEZ
Represented By: Samir Deger-Sen
Represented By: Ahilan Thevanesan Arulanantham
Represented By: Jessica Karp Bansal
Represented By: Michael Kaufman
Represented By: William M. Friedman
Represented By: Michelle Cho
Represented By: Michelle Young Cho
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Petitioner: KELVIN HERNANDEZ ROMAN
Represented By: Samir Deger-Sen
Represented By: Ahilan Thevanesan Arulanantham
Represented By: Jessica Karp Bansal
Represented By: Michael Kaufman
Represented By: William M. Friedman
Represented By: Michelle Cho
Represented By: Michelle Young Cho
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Respondent: MATTHEW T. ALBENCE, Deputy Director and Senior Official Performing the Duties of the Director, U.S. Immigration and Customs Enforcement
Represented By: Daniel Beck
Represented By: Hillary Burrelle
Represented By: Victor Manuel Mercado-Santana
Represented By: Jeffrey S. Robins
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Respondent: DAVID MARIN, Director of the Los Angeles Field Office, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement
Represented By: Daniel Beck
Represented By: Hillary Burrelle
Represented By: Victor Manuel Mercado-Santana
Represented By: Jeffrey S. Robins
Represented By: Hans Harris Chen
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Respondent: JAMES JANECKA, Warden, Adelanto ICE Processing Center
Represented By: Daniel Beck
Represented By: Hillary Burrelle
Represented By: Victor Manuel Mercado-Santana
Represented By: Jeffrey S. Robins
Represented By: Hans Harris Chen
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Respondent: CHAD F. WOLF, Secretary, U.S. Department of Homeland Security
Represented By: Daniel Beck
Represented By: Hillary Burrelle
Represented By: Victor Manuel Mercado-Santana
Represented By: Jeffrey S. Robins
Represented By: Hans Harris Chen
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Respondent: TONY H. PHAM, Senior Official Performing the Duties of the Director
Represented By: Daniel Beck
Represented By: Hillary Burrelle
Represented By: Victor Manuel Mercado-Santana
Represented By: Jeffrey S. Robins
Represented By: Hans Harris Chen
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Amicus curiae: NIKOLAS BOWIE, ERWIN CHEMERINSKY, MICHAEL DORF, LEAH LITMAN, PAMELA S. KARLAN, AMANDA SHANOR, DAVID STRAUSS, LAURENCE H. TRIBE, STEPHEN I. VALDECK, TEN EXPERTS IN MEDICINE AND PUBLIC HEALTH, AND PHYSICIANS FOR HUMAN RIGHTS
Represented By: Mark Rosenbaum
Represented By: Joshua Adam Matz
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Amicus curiae: IMMIGRATION REFORM LAW INSTITUTE
Represented By: Lawrence John Joseph
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Amicus curiae: NATIONAL IMMIGRANT JUSTICE CENTER
Represented By: David Debold
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Amicus curiae: HUMAN RIGHTS WATCH
Represented By: David Debold
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Amicus curiae: LAW PROFESSORS
Represented By: Kelly M. Dermody
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