Reid v. Donelan et al
| Mark Anthony Reid |
| Christopher Donelan, David A Lanoie, Thomas Hodgson, Joseph McDonald, Steven Tompkins, Janet Napolitano, Dorothy Herrera-Niles, John Morton, Eric Holder, Juan Osuna and Executive Office for Immigration Review |
| 3:2013cv30125 |
| July 1, 2013 |
| US District Court for the District of Massachusetts |
| Springfield Office |
| Franklin |
| Michael A. Ponsor |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
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Filing
481
Chief Judge Patti B. Saris: MEMORANDUM AND ORDER entered.ORDERPlaintiffs' motion for summary judgment is ALLOWED IN PART and DENIED IN PART (Docket No. 453 ), and the Government's motion for summary judgment is ALLOWED IN PART and DENIED IN PART (Docket No. 455 ).The Court denies Plaintiffs' request for a permanent injunction ordering the Government to provide class members with bond or reasonableness h earings. The Court also denies Plaintiffs' request for a declaratory judgment insofar as they seek a declaration that due process requires an automatic bond hearing or reasonableness hearing for all criminal aliens detained under § 1226(c) for more than six months.DECLARATORY JUDGMENTThe Court declares that mandatory detention without a bond hearing under 8 U.S.C. § 1226(c) violates due process when the detention becomes unreasonably prolonged in relation to it s purpose in ensuring the removal of deportable criminal aliens. The most important factor in determining the reasonableness of a criminal alien's mandatory detention is the length of the detention. Mandatory detention without a bond hearing is likely to be unreasonable if it lasts for more than one year, excluding any delays due to the alien's dilatory tactics. A criminal alien subject to mandatory detention without a bond hearing under § 1226(c) must bring a habeas petition in f ederal court to challenge his detention as unreasonably prolonged. If the court agrees, the alien is entitled to a bond hearing before an immigration judge.PERMANENT INJUNCTIONFor any bond hearing held for a class member, the Cour t orders that the immigration court require the Government to prove that the alien is either dangerous by clear and convincing evidence or a risk of flight by a preponderance of the evidence. The immigration court may not impose excessive bail, must evaluate the alien's ability to pay in setting bond, and must consider alternative conditions of release such as GPS monitoring that reasonably assure the safety of the community and the alien's future appearances.The Court orders that t his declaratory judgment and permanent injunction be provided to all members of the class within thirty days and shall be provided to any new members of the class when their § 1226(c) detention exceeds six months. SO ORDERED.(Lara, Miguel)
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Filing
416
Chief Judge Patti B. Saris: MEMORANDUM AND ORDER entered. " Plaintiffs motions to amend the complaint (Docket No. 384) and modify the class definition (Docket No. 378) are ALLOWED. The Governments motion to decertify the class (Docket No. 37 7) is DENIED. The Court thus certifies the following class: All individuals who are or will be detained within the Commonwealth of Massachusetts or the State of New Hampshire pursuant to 8 U.S.C. § 1226(c) for over six months and have not been afforded an individualized bond or reasonableness hearing. " (Coppola, Katelyn)
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Filing
111
Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: For the reasons stated. Defendants Motion for Consolidated Briefing (Dkt. No. 103 ) is hereby ALLOWED. Cross-motions for summary judgment in this case due4/4/14, Oppositions to the cr oss-motions for summary judgment, to the motion for class certification, and to the motion for preliminary injunction will be filed by 4/28/14, Counsel will appear for argument on all pending motions on 5/7/14 at 11:00 a.m. The motion hearing previously scheduled for June 4, 2014 is hereby vacated. See the attached memo and order for complete details. (Lindsay, Maurice)
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Filing
107
Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: For the reasons stated. Plaintiffs Motion for Summary Judgment on the shackling issue (Dkt. No. 1 ) is hereby DENIED, and Defendants Cross-Motion for SummaryJudgment on this issue (D kt. No. 77 ) is hereby ALLOWED. The case will continue on the broader issue relating to individual bond hearings that are defined in the class certification. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)
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Filing
101
Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: The parties Joint Motion for a Scheduling Order (Dkt. No. 94 ) is hereby ALLOWED, Cross-motions for summary judgment due 5/1/14, Opposition to the motions due 5/30/14, and Counsel will appear for argument on the motions on 6/4/14 at 2:00 p.m. See the attached memo and order for complete details. (Lindsay, Maurice)
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Filing
92
Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered: As follows: For the reasons set forth in the attached memo and order, Plaintiffs Motion for ClassCertification under Fed. R. Civ. P. 23 (Dkt. No. 33 ) is hereby ALLOWED. The court certifies the following class: All individuals who are or will be detained within the Commonwealth of Massachusetts pursuant to 8 U.S.C. § 1226(c) for over six months and have not been afforded an individualized bond hearing. Plaintiff Reid is appointed class representative, and Nicole Hallet, Muneer Ahmad, Michael J. Wishnie, and the Law Student Interns of the Jerome N. Frank Legal Services Organization at Yale Law School are appointed class counsel pursuant to Fed. R. Civ. P. 23(g). The parties shall submit a joint proposal setting forth a briefing schedule for the filing of dispositive motions no later than February 25, 2014. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)
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Filing
80
Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: For the reasons outlined in the attached memo and order, Plaintiffs Petition for Habeas Corpus (Dkt. No. 4 ) is hereby ALLOWED, and Plaintiffs Motion for Order to Show Cause (Dkt. No . 5 ) is hereby DENIED as moot. Having allowed the Petition for Habeas Corpus, the court orders as follows: 1. Petitioner will receive a bond hearing by February 7, 2014, before an Immigration Judge, at which the judge will consider whether conditio ns may be placed upon Petitioners release that will reasonably ensure that he will pose no danger to the community and will not pose a risk of flight. If such conditions are found to exist, Petitioner will be released from custody. 2. Counsel for Res pondents will report to this court on or before February 14, 2014, regarding compliance with this order. This report will include notification as to the outcome of the bond hearing. 3. Failure of an Immigration Judge to conduct the bond hearing as ordered will entitle Petitioner to request a bond hearing before this court. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)
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