Calderon Jimenez v. Cronen et al
| Lilian Pahola Calderon Jimenez |
| Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith and STEVEN W TOMPKINS |
| 1:2018cv10225 |
| February 5, 2018 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Suffolk |
| Mark L. Wolf |
| Habeas Corpus - Alien Detainee |
| 8 U.S.C. § 1105 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 24, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 150 ELECTRONIC NOTICE Resetting Hearing *** AS TO TIME ONLY *** on Motion 49 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief, 46 MOTION to Certify Class , 22 First MOTION to Dismiss : Motion Hearing set for 8/23/2018 02:30 PM in Courtroom 10 before Judge Mark L. Wolf. This is a time change only. (Bono, Christine) |
| Filing 149 EXHIBITS 1-3. Hearing August 21, 2018. (Bono, Christine) |
| Filing 148 EXHIBIT Hearing August 21, 2018 by Kirstjen M NIELSEN. (Larakers, Mary) |
| Filing 147 ELECTRONIC NOTICE (CORRECTED) Resetting Hearing on Motion *** AS TO TIME ONLY *** 49 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief, 46 MOTION to Certify Class , 22 First MOTION to Dismiss : Motion Hearing set for 8/23/2018 01:30 PM in Courtroom 10 before Judge Mark L. Wolf. (Previous docket entry 146 reflected time change for incorrect date and has been modified to reflect correct date and time.) (Bono, Christine) |
| Filing 146 ELECTRONIC NOTICE Resetting Hearing on Motion *** AS TO TIME ONLY *** 49 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief, 46 MOTION to Certify Class , 22 First MOTION to Dismiss : Motion Hearing set for 8/23/2018 01:30 PM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine) Modified to reflect correct date (Bono, Christine). |
| Filing 145 Notice of Supplemental Authorities re 44 MOTION to Dismiss (Attachments: # 1 Centro Presente v. DHS, # 2 Ramos v. Nielsen)(Lafaille, Adriana) |
| Filing 144 ELECTRONIC NOTICE Resetting Hearing on Motion: Motion Hearing set for 8/23/2018 11:00 AM in Courtroom 10 before Judge Mark L. Wolf. Hearing continued from 8/21/2018. (Bono, Christine) |
| Filing 143 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 8/21/2018 re 22 First MOTION to Dismiss filed by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, 46 MOTION to Certify Class filed by Sandro De Souza, Deng Gao, Sergio Francisco, Celina Rivera Rivas, Oscar Rivas, Carmen Sanchez, Luis Gordillo, Amy Chen, Lilian Pahola Calderon Jimenez, Lucimar De Souza, 49 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by Sandro De Souza, Deng Gao, Sergio Francisco, Celina Rivera Rivas, Oscar Rivas, Luis Gordillo, Carmen Sanchez, Amy Chen, Lucimar De Souza, Lilian Pahola Calderon Jimenez. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Larakers, Weiland, Piemonte, Prussia, Lafaille, Provazza, Gillespie, Sewall, Segal, Cox) (Bono, Christine) |
| Filing 142 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 8/20/2018 re 22 First MOTION to Dismiss filed by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, 46 MOTION to Certify Class filed by Sandro De Souza, Deng Gao, Sergio Francisco, Celina Rivera Rivas, Oscar Rivas, Carmen Sanchez, Luis Gordillo, Amy Chen, Lilian Pahola Calderon Jimenez, Lucimar De Souza, 49 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by Sandro De Souza, Deng Gao, Sergio Francisco, Celina Rivera Rivas, Oscar Rivas, Luis Gordillo, Carmen Sanchez, Amy Chen, Lucimar De Souza, Lilian Pahola Calderon Jimenez. Hearing shall resume at 10:00 AM on Tuesday, 8/21/2018. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Piemonte, Larakers, Weiland, Lafaille, Cox, Segal, Prussia, Provazza, Sewall, Gillespie) (Bono, Christine) |
| Filing 141 Judge Mark L. Wolf: "It is hereby ORDERED that both Interim Field Office Director Rebecca Adducci and incoming Acting Field Office Director Todd Lyons shall be available to testify, if necessary, at the hearing beginning on August 20, 2018, at 10:30 a.m. and continuing from day to day if necessary." ELECTRONIC ORDER entered. re 140 Notice (Other) filed by Kirstjen M NIELSEN (Bono, Christine) |
| Filing 140 NOTICE by Kirstjen M NIELSEN re 139 Notice (Other) Corrected (Larakers, Mary) |
| Filing 139 NOTICE by Kirstjen M NIELSEN (Larakers, Mary) |
| Filing 138 REDACTION to 133 Assented to MOTION to Seal Supplemental Memorandum in Further Support of Respondents' Opposition to Petitioners' Motions for Preliminary Injunctive Relief and Class Certification byKirstjen M NIELSEN. (Attachments: # 1 Exhibit A-K)(Larakers, Mary) |
| Filing 137 NOTICE by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez (Petitioner's Notice of Filing) (Attachments: # 1 Exhibit 1 - Petitioner's Supplemental Memorandum, # 2 Exhibit 2 - Provezza Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J)(Prussia, Kevin) (Attachment 4 replaced on 8/14/2018)with corrected version provided by filer. (Franklin, Yvonne). |
| Filing 136 ELECTRONIC NOTICE Resetting Hearing on Motion (s). Motion Hearing set for 8/20/2018 10:30 AM in Courtroom 10 before Judge Mark L. Wolf. Motion Hearing set for 8/21/2018 10:00 AM in Courtroom 10 before Judge Mark L. Wolf, if necessary. See 7/17/2018 Order allowing 118 for reference. (Bono, Christine) |
| Filing 135 Judge Mark L. Wolf: "It is hereby ORDERED that the hearing previously scheduled to begin on August 15, 2018 and continue on August 20 and 21, 2018, shall begin instead on August 20, 2018, at 10:30 a.m., and continue from day to day until concluded. Interim Field Office Director Rebecca Adducci shall be available to testify if necessary." ORDER entered. (Bono, Christine) |
| Filing 133 Assented to MOTION to Seal Supplemental Memorandum in Further Support of Respondents' Opposition to Petitioners' Motions for Preliminary Injunctive Relief and Class Certification by Kirstjen M NIELSEN.(Larakers, Mary) |
| Filing 131 NOTICE by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez (Notice of Subsequent Authority) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Prussia, Kevin) |
| Filing 130 ELECTRONIC NOTICE Setting Hearing on Motion(s). Motion Hearing set for 8/15/2018 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. Hearing shall continue on 8/20/2018 and 8/21/2018, if necessary. See 7/17/2018 Order allowing 118 for reference. (Bono, Christine) |
| Filing 128 DECLARATION re 127 Memorandum in Support of Motion, by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Provazza, Stephen) |
| Filing 127 MEMORANDUM in Support re 46 MOTION to Certify Class , 49 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief (Supplemental Brief) filed by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Prussia, Kevin) |
| Filing 126 Assented to MOTION to Seal by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) |
| Filing 125 DECLARATION re 19 Affidavit by Kirstjen M NIELSEN. (Larakers, Mary) |
| Filing 124 Judge Mark L. Wolf: ELECTRONIC ORDER entered ALLOWING 123 Motion for Extension of Time to JULY 30, 2018 to take deposition. (Franklin, Yvonne) |
| Filing 123 Joint MOTION for Extension of Time to July 30, 2018 to take Deposition by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) |
| Filing 122 NOTICE of Appearance by William Weiland on behalf of Thomas Brophy, Christopher Cronen, Thomas Homan, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, Donald J. Trump (Weiland, William) |
| Judge Mark L. Wolf: "ALLOWED. However, the court may modify the Stipulated Protective Order sua sponte with prior notice to the parties. In addition, with any motion to seal, a party shall file under seal the document sought to be sealed and a redacted version of it for the public record." ELECTRONIC ORDER entered granting 119 Motion for Protective Order (Bono, Christine) |
| Filing 121 STATUS REPORT (Response to Respondents' Status Report Regarding Discovery) by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Prussia, Kevin) |
| Filing 120 STATUS REPORT Regarding Discovery by Kirstjen M NIELSEN. (Attachments: # 1 Exhibit A)(Larakers, Mary) |
| Filing 119 Assented to MOTION for Protective Order by Kirstjen M NIELSEN.(Larakers, Mary) |
| Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 118 Motion to Continue. This hearing is rescheduled to take place 8/15/2018 at 10:00 A.M., in Courtroom 10 before Judge Mark L. Wolf, and shall continue on 8/20/2018 and 8/21/2018, if necessary. (Bono, Christine) |
| Filing 118 MOTION to Continue hearing on the motions to dismiss, for preliminary injunctive relief, and for class certification to 8/22/2018 by Kirstjen M NIELSEN.(Larakers, Mary) |
| Filing 117 Judge Mark L. Wolf: ENDORSED ORDER entered. MEMORANDUM AND ORDER. Accordingly, it is hereby ORDERED that: 1.Petitioner's Motion for Leave to Depose ICE Directors Adducci, Brophy, and Lyons (Docket Nos. 108 , 114 ) is ALLOWED in part and DENIED in part. 2.Respondents shall, by July 18, 2018, produce all documents concerning: (a) the 2018 policies and general practices of the ICE Boston Field Office concerning the arrest, detention, and removal of aliens presenting for I-130 interviews at CIS offices or otherwise pursuing the provisional waiver process; (b) the identity and status of all aliens arrested while at a CIS office in 2018 within the jurisdiction of the ICE Boston Field Office while appearing for an I-130 interview, including: whether and for how long they have been detained; whether and when they received or will receive notices of custody reviews and custody reviews; whether and when ICE intends to deport them; whether they have received stays of removal; and whether ICE considered their applications for provisional waivers when deciding whether to deport them; and (c) the reasons for the decision to give De Souza a June 12, 2018 notice to depart the United States and to withdraw it, and the identity of the official(s) who made those decisions. 3.Petitioners may take one six-hour deposition of Adducci. They shall confer concerning whether depositions of Brophy and Lyons remain necessary and, if so, petitioners may take one up to four-hour deposition of each. The depositions shall be taken by July 27, 2018. 4.Petitioners shall by, August 1, 2018, supplement their submissions on the pending motions. 5. Respondents shall, by August 7, 2018, supplement their submissions on the pending motions. 6.A hearing on the pending motions shall commence on August 14, 2018, at 10:00 a.m., and may continue from day to day. (Franklin, Yvonne) |
| Filing 116 Opposition re 114 MOTION to Take Deposition from Rebecca Adducci, Thomas Brophy, and Todd Lyons filed by Kirstjen M NIELSEN. (Attachments: # 1 Exhibit A)(Larakers, Mary) |
| Filing 115 MEMORANDUM in Support re 114 MOTION to Take Deposition from Rebecca Adducci, Thomas Brophy, and Todd Lyons filed by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Prussia, Kevin) |
| Filing 114 MOTION to Take Deposition from Rebecca Adducci, Thomas Brophy, and Todd Lyons by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) |
| Filing 113 REPLY to Response to 46 MOTION to Certify Class (Reply Brief in Support of Petitioners' Motion for Class Certification) filed by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Prussia, Kevin) |
| Filing 112 SUR-REPLY to Motion re 49 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by Kirstjen M NIELSEN. (Larakers, Mary) |
| Filing 111 STATUS REPORT by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Lafaille, Adriana) |
| Filing 110 STATUS REPORT by Kirstjen M NIELSEN. (Larakers, Mary) |
| ELECTRONIC NOTICE Setting Hearing on Motion(s). Motion Hearing set for 8/14/2018 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. See Order, 109 . (Bono, Christine) |
| Filing 109 Judge Mark L. Wolf: ORDER entered. (Bono, Christine) |
| Filing 108 MOTION for Leave to Depose ICE Directors Adducci, Brophy, and Lyons by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) |
| Filing 107 DECLARATION re 106 Memorandum & ORDER of Interim Field Office Director Adducci by Kirstjen M NIELSEN. (Attachments: # 1 Declaration of Rebecca J. Adducci)(Piemonte, Eve) |
| Filing 106 Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. (Bono, Christine) |
| Filing 105 Judge Mark L. Wolf: ENDORSED ORDER entered granting 103 Motion for Leave to File Document ; If counsel has not already done so, counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Bono, Christine) |
| Filing 104 Judge Mark L. Wolf: ENDORSED ORDER entered granting 102 Motion for Extension of Time to File Response/Reply (Bono, Christine) |
| Filing 103 Assented to MOTION for Leave to File sur-reply by Kirstjen M NIELSEN.(Larakers, Mary) |
| Filing 102 Assented to MOTION for Extension of Time to July 6, 2018 to File Response/Reply in Support of Class Certification by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) |
| Filing 101 EXHIBIT re 100 Notice (Other) by Kirstjen M NIELSEN. (Larakers, Mary) |
| Filing 100 NOTICE by Kirstjen M NIELSEN Substitute Party (Larakers, Mary) |
| Filing 99 Opposition re 46 MOTION to Certify Class filed by Kirstjen M NIELSEN. (Larakers, Mary) |
| Filing 98 DECLARATION re 97 Reply to Response to Motion, by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Provazza, Stephen) |
| Filing 97 REPLY to Response to 49 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Prussia, Kevin) |
| Filing 96 REPLY to Response to 40 Second MOTION to Dismiss filed by Kirstjen M NIELSEN. (Larakers, Mary) |
| Filing 95 Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER.Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW(Bono, Christine) |
| Filing 94 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Scalfani, Deborah) |
| Filing 93 Transcript of Lobby Conference held on May 23, 2018, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 6/29/2018. Redacted Transcript Deadline set for 7/9/2018. Release of Transcript Restriction set for 9/6/2018. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Scalfani, Deborah) |
| Filing 91 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Scalfani, Deborah) |
| Filing 90 Transcript of Hearing held on May 23, 2018, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 6/25/2018. Redacted Transcript Deadline set for 7/5/2018. Release of Transcript Restriction set for 9/4/2018. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Scalfani, Deborah) |
| Filing 89 Transcript of Hearing held on May 22, 2018, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 6/25/2018. Redacted Transcript Deadline set for 7/5/2018. Release of Transcript Restriction set for 9/4/2018. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Scalfani, Deborah) |
| Filing 88 STATUS REPORT by Kirstjen M NIELSEN. (Larakers, Mary) |
| Filing 87 Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. The May 30, 2018 hearing is CANCELLED and, if necessary, will be rescheduled. 2. The parties shall continue to confer and, by 12:00 noon on June 1, 2018, report whether any or all of the remaining issues in this case have been resolved. If all issues have not been resolved, they shall report whether the evidence at the May 22 and 23, 2018 hearings requires additional submissions concerning the motions to dismiss, for preliminary injunction, and/or for class certification. If so, the parties shall propose a schedule for additional briefing. 3. Although it may be altered following the June 1, 2018 report, the briefing schedule proposed in paragraph 4 of the Joint Statement is adopted." ORDER entered. (Bono, Christine) |
| Filing 86 STATUS REPORT by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Prussia, Kevin) |
| Filing 83 Exhibit and Witness List. (Attachments: # 1 Exhibit 2, # 2 Exhibit 6, # 3 Exhibit 9, # 4 Exhibit 10; Exhibit 4 is DVD video format and available in the Clerk's Office upon request.)Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) |
| Filing 82 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 5/23/2018. Petitioner E. Dos Santos is present. Witnesses Thomas Brophy and James Rutherford remain under oath and testimony continues. Exhibits 9 and 10 entered. Exhibits A and B entered under seal. Witness Todd Lyons is sworn and gives testimony. Hearing continued to 5/30/2018. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Larakers, Weintraub, Sady, Pomerleau, Marzouk, Rubin, Lafaille, Prussia, Cox, McCullough, Segal, Sewall) Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) |
| Filing 85 Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Brophy, Rutherford, and Lyons shall not discuss with each other or any other prospective witness: (a) what each was asked or answered at the May 22 and 23 hearings; and (b) the facts concerning the cases of De Souza, Junqueira, and Lilian Calderon. 2. Brophy, Rutherford, and Lyons may discuss, among themselves and with other employees of ICE, the general issues raised by the De Souza, Junqueira, and Calderon cases, and any related cases, in discharging their duties as ICE officials, including in making the transition to Lyons as Acting Field Office Director on June 1, 2018. 3. The May 14, 2018 Sequestration Order otherwise remains in effect." ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) |
| Filing 84 Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Unless otherwise ordered, the hearing that began on May 22, 2018 shall resume on May 30, 2018, at 9:30 a.m. 2. The parties in Calderon v. Cronen, C.A. No. 18-10225, shall confer and, by May 25, 2018 at 12:00 noon, report whether they have reached an agreement to resolve the case or any issues in it and, if not, how the case should proceed, including: whether the schedules for briefing the motions to dismiss, for a preliminary injunction, and/or for class certification should be modified; whether they request more time to confer; and whether the hearing on May 30, 2018 should be continued. If the parties do not request that the May 30, 2018 hearing be continued, they shall propose an agenda for it. 3. The parties in Dos Santos v. Nielsen, C.A. No. 10310, shall, by May 29, 2018, report the status of the case or file a stipulation of dismissal. 4. The parties in Calderon shall order the transcript of the May 22 and 23, 2018 hearings." ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) |
| Filing 81 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 5/22/2018. Petitioner E. Dos Santos is present. Witnesses Thomas Brophy and James Rutherford called. Witnesses sworn and give testimony. Exhibits 1-8 entered. Hearing continued to 5/23/2018. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Larakers, Weintraub, Sady, Pomerleau, Marzouk, Rubin, Lafaille, Prussia, Cox, McCullough, Segal, Sewall) Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) |
| Filing 80 Letter/request (non-motion) from John Hawkinson. (Bono, Christine) |
| Filing 79 RESPONSE to Motion re 44 MOTION to Dismiss filed by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Prussia, Kevin) |
| Filing 78 Opposition re 49 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by Kirstjen M NIELSEN. (Attachments: # 1 Exhibit A)(Larakers, Mary) |
| Filing 77 Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Acting Assistant Field Office Director Marc McGee shall attend the May 22, 2018 hearing and be prepared to testify if necessary. 2. Mr. McGee and Acting Field Office Director Thomas Brophy shall review Dos Santos' records and be prepared to testify regarding, among other things, whether "ICE officers told [Dos Santos] he would not be allowed to [sign travel documents]," and if so, why. Report (Docket No. 57) at 52. 3. Petitioner Edjann Dos Santos shall also be prepared to testify if necessary." ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) |
| Filing 76 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) |
| Filing 75 Transcript of Lobby Conference held on May 8, 2018, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/20/2018. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) |
| ELECTRONIC NOTICE : Hearing set for 5/22/2018 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. Hearing shall continue 5/23/2018, if necessary, 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. See 69 Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) |
| Filing 74 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) |
| Filing 73 Transcript of Hearing held on May 8, 2018, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 6/8/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/16/2018. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) |
| Filing 72 STATUS REPORT by Kirstjen M NIELSEN. (Larakers, Mary) |
| Filing 71 NOTICE of Appearance by J. Max Weintraub on behalf of Thomas Brophy, Christopher Cronen, Thomas Homan, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, Donald J. Trump (Weintraub, J.) |
| Filing 70 Judge Mark L. Wolf: "The May 15, 2018 hearing is hereby CANCELLED and will be rescheduled." ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW(Bono, Christine) |
| Filing 69 Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. The hearing originally scheduled for May 15, 2018, and postponed to accommodate the schedule of counsel for respondents in Calderon, shall be held on May 22, 2018, at 10:00 a.m. and, if necessary, continue on May 23, 2018. 2. Each ICE official identified in the Affidavits from ICE Representatives filed on February 21, 2018 and May 11, 2018 shall appear at the May 22, 2018 hearing to testify, if necessary. 3. Each potential witness shall comply with the Sequestration Order being issued with this Order." ORDER entered. (Attachments: # 1 Sequestration Order)Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) |
| Filing 68 STATUS REPORT by Kirstjen M NIELSEN. (Larakers, Mary) |
| Filing 67 AFFIDAVIT by Kirstjen M NIELSEN. (Larakers, Mary) |
| Filing 66 Judge Mark L. Wolf: ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW(Bono, Christine) |
| Filing 65 Judge Mark L. Wolf: "The proposed briefing schedule is hereby ADOPTED. Hearing date(s) will be set after briefing is complete. ENDORSED ORDER entered. re 63 Joint statement of counsel (Bono, Christine) |
| Filing 64 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 5/8/2018. (Exhibits entered: (1) 4/27/18 "Decision to Continue Detention" letter directed to Lucimar de Souza; (2) 5/3/18 "Notice to Alien of File Custody Review" letter directed to Eduardo Junqueira). Decision and Order shall issue. Parties shall order transcript on an expedited basis. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Larakers, Piemonte, Sady, Lafaille, Cox, McCullough, Pomerleau, Marzouk; Probation Officer Susan Walls) Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Bono, Christine) |
| Filing 63 Amended JOINT STATEMENT of counsel regarding order of issues to be considered. (Lafaille, Adriana) |
| Filing 62 NOTICE of Appearance by Kathleen M. Gillespie on behalf of Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez, Yolanda Smith (Gillespie, Kathleen) |
| Filing 61 Judge Mark L. Wolf: ELECTRONIC ORDER entered Granting 59 Motion for Leave to Appear Pro Hac Vice Added Colleen M. McCullough. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Franklin, Yvonne) |
| Filing 60 JOINT STATEMENT of counsel regarding order of issues to be considered. (Lafaille, Adriana) |
| Filing 59 MOTION for Leave to Appear Pro Hac Vice for admission of Colleen M. Mccullough Filing fee: $ 100, receipt number 0101-7125965 by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Attachments: # 1 Certificate of Colleen M. McCullough in Support of Motion)(Prussia, Kevin) |
| Filing 58 Writ of Habeas Corpus ad Testificandum Issued as to Lucimar de Souza for 5/8/2018. (Bono, Christine) |
| Filing 57 MEMORANDUM OF LAW by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez to 52 Order. (Prussia, Kevin) |
| Filing 56 STATUS REPORT by Kirstjen M NIELSEN. (Attachments: # 1 Exhibit A)(Larakers, Mary) |
| Filing 55 MEMORANDUM in Support re 44 MOTION to Dismiss filed by Kirstjen M NIELSEN. (Larakers, Mary) |
| Filing 54 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) |
| Filing 53 Transcript of Status Conference held on May 1, 2018, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 8/1/2018. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) |
| Filing 52 Judge Mark L. Wolf: ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW(Bono, Christine) |
| Judge Mark L. Wolf: ELECTRONIC ORDER entered finding as moot 15 Motion for Extension of Time to File Response/Reply (Bono, Christine) |
| Filing 51 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Status Conference held on 5/1/2018. Parties shall order transcript on an expedited basis. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Larakers, Piemonte, Kanwit, Sady, Cox, Provazza, Lafaille, Segal, Pomerlau, Cortes del Olmo; Probation: Gina Affsa) Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Bono, Christine) |
| Filing 50 MEMORANDUM in Support re 49 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Prussia, Kevin) |
| Filing 49 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) |
| Filing 48 Assented to MOTION for Leave to File Excess Pages by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) |
| Filing 47 MEMORANDUM in Support re 46 MOTION to Certify Class filed by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Prussia, Kevin) |
| Filing 46 MOTION to Certify Class by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) |
| Filing 45 Response by Lucimar De Souza to 34 Memorandum & ORDER, 40 Second MOTION to Dismiss . (Prussia, Kevin) |
| Filing 44 MOTION to Dismiss by Kirstjen M NIELSEN.(Larakers, Mary) |
| Filing 43 Judge Mark L. Wolf: "The affidavit shall be sealed, at least temporarily. However, if the information redacted in the public record becomes relevant and possibly material, it may be unsealed." ENDORSED ORDER entered granting 31 Motion to Seal Document (Bono, Christine) |
| Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 39 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Bono, Christine) |
| ELECTRONIC NOTICE of Hearing. Status Conference set for 5/1/2018 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. See 4/19/2018 Order 35 Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Bono, Christine) |
| Filing 42 STATUS REPORT by Kirstjen M NIELSEN. (Larakers, Mary) |
| Filing 41 NOTICE of Appearance by Michaela P. Sewall on behalf of Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez (Sewall, Michaela) |
| ELECTRONIC NOTICE Canceling 5/7/2018 Hearing. See Order at docket entry 25 . (The May 1, 2018 and May 8, 2018 hearings remain as previously scheduled.) (Bono, Christine) |
| Filing 40 Second MOTION to Dismiss by Kirstjen M NIELSEN. (Attachments: # 1 Exhibit A)(Larakers, Mary) |
| Filing 39 MOTION for Leave to File Excess Pages by Kirstjen M NIELSEN.(Larakers, Mary) |
| Filing 38 First Opposition re 37 MOTION for Clarification of this Court's April 13, 2018 Order filed by Yolanda Smith, STEVEN W TOMPKINS, Donald J. Trump. (Larakers, Mary) |
| Filing 37 MOTION for Clarification of this Court's April 13, 2018 Order by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Lafaille, Adriana) |
| Filing 36 STATUS REPORT (JOINT) by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Lafaille, Adriana) |
| Filing 35 Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. The parties to these cases shall, by April 26, 2018, confer and report, jointly if possible. The report shall: (1) identify issues common to all or many of these cases, and issues unique to a particular case or cases, including any issues not identified in this Memorandum; (2) propose a schedule for briefing the issues in these cases that are not yet briefed; (3) propose an agenda for the May 8, 2018 hearing; and (4) identify any other matters the court should consider to promote a just and efficient resolution of these cases. 2. A status conference will be held on May 1, 2018, at 10:00 a.m., to discuss the matters addressed in this Memorandum, the proposals of the parties, and a schedule for these cases." ORDER entered. MEMORANDUM AND ORDER. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW(Bono, Christine) |
| Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 30 Motion for Order. See Memorandum and Order 34 (Bono, Christine) |
| Filing 34 Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. (Bono, Christine) |
| Filing 32 Judge Mark L. Wolf: "It is hereby ORDERED that: 1. In order to preserve the court's jurisdiction, to provide the parties an opportunity to attempt to resolve this case and, if necessary, to brief the issues properly, the named petitioners and Lucimar de Souza shall not be moved outside the District of Massachusetts, temporarily or permanently, during the pendency of this case. See 28 U.S.C. §1651(a)("[A]ll courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law."). This requirement may be reconsidered by the court sua sponte or upon motion by either party. 2. A further order concerning a schedule for conferring and briefing shall issue." ORDER entered. (Bono, Christine) |
| Filing 31 Assented to MOTION to Seal Document 30 MOTION for Order to Show Cause and for Emergency Relief Preserving the Court's Jurisdiction (Motion to Seal Portions of Exhibit 1 to Petitioners' April 11, 2018 Motion for Order to Show Cause) by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) |
| Filing 30 MOTION for Order to Show Cause and for Emergency Relief Preserving the Court's Jurisdiction by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Attachments: # 1 Exhibit 1 - Affidavit of Sandro Jose de Souza (Redacted - Public Version), # 2 Exhibit 2 - Affidavit of Oscar Rivas, # 3 Exhibit 3 - Affidavit of Lilian Calderon-Jimenez, # 4 Exhibit 4 - Affidavit of Deng Gao, # 5 Exhibit 5 - Affidavit of Lucimar Gomes de Souza, # 6 Text of Proposed Order)(Prussia, Kevin) |
| Filing 29 NOTICE of Appearance by Stephen Nicholas Provazza on behalf of Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez (Provazza, Stephen) |
| Filing 28 NOTICE of Appearance by Jonathan A. Cox on behalf of Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez (Cox, Jonathan) |
| Filing 27 AMENDED COMPLAINT (AMENDED CLASS ACTION COMPLAINT AND PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241) against Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, Thomas Homan, Thomas Brophy, Donald J. Trump, filed by Lilian Pahola Calderon Jimenez, Luis Gordillo, Sandro De Souza, Carmen Sanchez, Oscar Rivas, Celina Rivera Rivas, Lucimar De Souza, Sergio Francisco, Deng Gao, Amy Chen.(Prussia, Kevin) |
| Filing 26 ELECTRONIC NOTICE of Hearing.Hearing set for 5/8/2018 10:00 AM, and continuing day to day, if necessary, in Courtroom 10 before Judge Mark L. Wolf. See Order 25 Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW(Bono, Christine) |
| Filing 25 Judge Mark L. Wolf: "It is hereby ORDERED that a hearing will be held on May 8, 2018 [at 10:00 a.m., and continue from day to day, if necessary] to address the issue common to the three above-captioned cases of whether the defendants were required to follow the procedures described in 8 C.F.R. §241.4, or any procedures required by the United States Constitution, when deciding to detain the petitioners. The hearing will then address the issues unique to each case." ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW(Bono, Christine) |
| Filing 24 Judge Mark L. Wolf: "Petitioner shall, by April 13, 2018, update this report concerning whether she intends to move for a preliminary injunction and, if so, when." ENDORSED ORDER entered. re 23 Status Report filed by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS (Bono, Christine) |
| Filing 23 STATUS REPORT by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Larakers, Mary) |
| Filing 22 First MOTION to Dismiss by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Attachments: # 1 Exhibit A)(Larakers, Mary) |
| Filing 21 Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. The proposed schedule for briefing respondents' motion to dismiss (Docket No. 20 at 14) is ADOPTED. Respondents shall, by March 27, 2018, file the motion to dismiss. Petitioner shall respond by April 10, 2018. Respondents shall file any reply by April 20, 2018. 2. A hearing on the motion to dismiss shall be held on May 7, 2018, at 9:30 a.m. 3. The parties shall, by April 3, 2018, confer and report whether the Department of Homeland Security agrees not to detain petitioner until the motion to dismiss is decided. If not, petitioner shall state whether she intends to move for a preliminary injunction and, if so, when she proposes to do so." ORDER entered. (Bono, Christine) |
| Filing 20 STATUS REPORT by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Larakers, Mary) |
| Filing 19 AFFIDAVIT of Respondents by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Larakers, Mary) |
| Filing 18 ELECTRONIC NOTICE Canceling 2/21/2018 Hearing. (Bono, Christine) |
| Filing 17 Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Respondents shall, by 12:00 noon on February 21, 2018, file an affidavit from an ICE representative describing: (a) the official who made the original decision that Calderon should be detained; (b) the legal basis for the decision, including whether ICE considered her detention mandatory or discretionary; (c) the procedures followed in reaching the decision and, if any, the individualized reasons for it; (d) the official who decided that Calderon should be released; (e) the reason(s) for her release; (f) the reason(s) why she was released on February 13, 2018, rather than sooner or later; (g) whether respondents assert that they had, and still have, the authority to detain Calderon without an individualized determination of dangerousness and risk of flight; (h) whether Calderon has been released for a defined period of time and, therefore, may be detained again; (i) whether any individuals other than Calderon and de Oliveira were arrested while taking steps to seek permanent residency at a Massachusetts or Rhode Island CIS office in January 2018; (j) if so, whether any of those individuals have received individualized determinations of dangerousness and risk of flight without filing petitions under §2241; and (k) whether any of them have also been released. 2. The parties shall confer and, by 12:00 noon on February 23, 2018, report, jointly if possible, concerning: (a) whether they have reached an agreement to resolve this case; (b) the issues to be litigated, including but not limited to whether Calderon's release moots the issue of ICE's authority to detain her; and (c) a proposed schedule for briefing the issues identified." ORDER entered. MEMORANDUM AND ORDER (Bono, Christine) |
| Filing 16 Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Respondent need not respond to the February 13, 2018 Order (Docket No. 14) on February 14, 2018. 2. The parties need not make the submissions required by paragraph 3 of the February 6, 2018 Order (Docket No. 6) on the dates directed. 3. A further Order identifying issues, providing the parties an opportunity to confer, and establishing a revised briefing schedule will issue." ORDER entered. (Bono, Christine) |
| Filing 15 MOTION for Extension of Time to February 20, 2018 to File Response/Reply as to 14 Order, by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Attachments: # 1 Affidavit)(Piemonte, Eve) |
| Filing 14 Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Respondents shall, by 10:00 a.m. on February 14, 2018, file and serve on petitioner an affidavit addressing the foregoing questions. 2. If necessary, the parties may request an extension of the deadline in paragraph 1 and the deadlines for briefing, which may require rescheduling the February 21, 2018 hearing." ORDER entered. (Attachments: # 1 Boston Herald Article)(Bono, Christine) |
| Filing 13 Writ of Habeas Corpus ad Testificandum Issued as to LILIAN PAHOLA CALDERON JIMENEZ for 2/21/2018. (Bono, Christine) |
| Filing 12 STATUS REPORT (JOINT) by Lilian Pahola Calderon Jimenez, Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Piemonte, Eve) |
| Filing 11 NOTICE of Appearance by Mary Larakers on behalf of Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS (Larakers, Mary) |
| Filing 10 NOTICE of Appearance by Eve A. Piemonte on behalf of Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS (Piemonte, Eve) |
| Filing 9 Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. (Bono, Christine) |
| Filing 8 Judge Mark L. Wolf: ORDER entered. MEMORANDUM and ORDER. (Bono, Christine) |
| Filing 7 ELECTRONIC NOTICE of Hearing Re: Petition for Writ of Habeas Corpus. Hearing set for 2/21/2018 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine) |
| Filing 6 Judge Mark L. Wolf: ORDER entered. (Bono, Christine) |
| Filing 5 Online access to documents in this case is limited to counsel of record only. All documents are available for review in the Office of the Clerk. Counsel of record: please note that you will need to log into CM/ECF to access any documents in this case. (Franklin, Yvonne) |
| Filing 4 Summons Issued as to Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Mark L. Wolf assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Danieli, Chris) |
| Filing 2 NOTICE of Appearance by Matthew Segal on behalf of Lilian Pahola Calderon Jimenez (Segal, Matthew) |
| Filing 1 PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-6995758 Fee status: Filing Fee paid., filed by Lilian Pahola Calderon Jimenez. (Attachments: # 1 Civil Cover Sheet Cover, # 2 Civil Cover Sheet Category form, # 3 Exhibit 1 Declaration of Martin D. Harris, # 4 Exhibit 2 Declaration of Marcela Ordonez, # 5 Exhibit 3 printout from uscis.gov, # 6 Exhibit 4 interview notice, # 7 Exhibit 5 I-130 approval)(Lafaille, Adriana) (Attachment 1 replaced on 2/6/2018) (McDonagh, Christina). (Attachment 2 replaced on 2/6/2018) (McDonagh, Christina). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
