Calderon Jimenez v. Cronen et al
| Massachusetts District Court | |
| Judge: | Mark L Wolf |
| Case #: | 1:18-cv-10225 |
| Nature of Suit | 463 Immigration - Habeas Corpus - Alien Detainee |
| Cause | 8:1105(a) Aliens: Habeas Corpus to Release INS Det |
| Case Filed: | Feb 05, 2018 |
| Last checked: Saturday Aug 04, 2018 5:20 AM EDT |
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Petitioner
Lilian Pahola Calderon Jimenez
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Petitioner
Carmen Sanchez
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Petitioner
Celina Rivera Rivas
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Petitioner
Oscar Rivas
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Petitioner
Amy Chen
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Petitioner
Lucimar De Souza
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Petitioner
Sandro De Souza
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Petitioner
Sergio Francisco
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Petitioner
Deng Gao
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Petitioner
Luis Gordillo
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Respondent
Donald J. Trump
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Respondent
Thomas Homan
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Respondent
Thomas Brophy
Burlington, MA 01803
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Respondent
STEVEN W TOMPKINS
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Respondent
Yolanda Smith
Superintendent of Suffolk County Correctional Facility Suffolk County House of Correction 20 Bradston Street
Boston, MA 02118 |
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Respondent
Kirstjen M NIELSEN
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Respondent
Christopher Cronen
Boston Field Office Director, Immigration and Customs Enforcement 1000 District Avenue
Burlington, MA 01803 |
Represented By
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GPO
Feb 07 2018
Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. (Bono, Christine) |
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GPO
Feb 15 2018
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) |
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GPO
Jun 11 2018
Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER.Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW(Bono, Christine) |
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GPO
Jul 16 2018
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) |
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GPO
Sep 21 2018
Amended Complaint (Docket No. 44) is hereby DENIED." ORDER entered. MEMORANDUM AND ORDER(Bono, Christine)Judge Mark L. Wolf: "...For the foregoing reasons, this court has jurisdiction, petitioners state plausible claims on which relief can be granted, and their detention claims are not moot. Therefore, respondents' Motion to Dismiss the First |
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GPO
Aug 07 2019
Judge Mark L. Wolf: ORDER entered.By August 8, 2019, the parties shall confer and report regarding any agreement they have reached concerning: (a) changed the Boston Office of Immigration and Customs Enforcement (ICE) will make to the Notice to Alien of File Custody Review provided to individuals in custody and related issues; (b) the result of ICE's Boston's custody review and (c) what if anything, ICE-Boston intends to do concerning the individuals in custody. If the parties have not reached an agreement concerning issue (c) they shall propose dates as to supplemental filing to Motion to Show Cause.316 Joint Motion for Protective Order is ALLOWED with some modifications. (see Order) 320 Respondents' Unopposed Request to Extend Deadline for Production of Discovery to August 14, 2019 is ALLOWED. A Federal Rule Civil Procedure 16(b) Conference shall be held on August 27, 2019 at 2:00 PM. The parties shall confer and by August 20, 2019, file a joint statement. (Discovery to be completed by 8/14/2019) (Attachments: # (1) sample scheduling order) (Montes, Mariliz) |
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GPO
Dec 24 2019
Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. It is hereby ordered that to the extent that the Motion (Docket No. 437) requests a temporary restraining order, it is ALLOWED as follows: 1. ICE shall release Kim forthwith on the conditions previously imposed and promptly report to the court that this has been done. 2. Paragraph 3 of the December 23, 2019 order (Docket No. 440) is VACATED. 3. This temporary restraining order shall expire on January 8, 2020, at 12:00 noon unless ICE consents to its extension to at least January 17, 2020, at 6:00 p.m., or good cause is shown for an extension. 4. Respondents shall, by 10:00 a.m. on December 26, 2019, report whether they consent to an extension of this temporary restraining order to at least January 17, 2020. If not, the court will conduct the December 27, 2019 hearing, at 9:30 a.m., as previously ordered. (Rynne, Michelle) |
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GPO
Oct 18 2024
Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. Please see attached.Accordingly, it is hereby ORDERED that:1. A hearing to address the foregoing issues concerning theMotion and possibly others shall be held on October 23, 2024 at11:00 a.m. EST.2. To accommodate counsel for Respondents, the hearing willbe held by videoconference.3. Any request to reschedule the October 23, 2024 hearingshall be filed by October 21, 2024. If granted, the tentativeNovember 19, 2024 date for the hearing to decide whether theproposed settlement should be preliminarily approved may bejeopardized.Motion Hearing set for 10/23/2024 11:00 AM in Courtroom 2 (Remote only) before Judge Mark L. Wolf.(Cook, Savannah) |
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GPO
Nov 04 2024
Judge Mark L. Wolf: ORDER entered re 652 Joint MOTION for Preliminary Approval of Settlement Agreement and Notice of Settlement and Fairness Hearing. Please see attached. (Attachments: # (1) Exhibit 1) (Cook, Savannah) |
| 1. | Judge to consider lawsuit challenging immigrant arrests (abcnews.go.com) |
| Submitted Mon 08/20/2018 | |
| Docket last updated: 11/25/2024 11:59 PM EST |
| Wednesday, November 06, 2024 | ||
| 667 | 667
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pgs
order
Order Lifting Stay
Wed 11/06 11:44 AM
Judge Mark L. Wolf: ORDER entered. ORDER LIFTING STAY. (Cook, Savannah) |
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| Monday, November 04, 2024 | ||
| 666 | 666
notice
Notice of Filing of Official Transcript
Mon 11/04 1:36 PM
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[LINK:https://www.mad.uscourts.gov/caseinfo/transcripts.htm] (Kelly, Danielle) |
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| 665 | 665
misc
Transcript
Mon 11/04 1:36 PM
Transcript of Zoom Video Hearing held on October 25, 2024, 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: Jessica Leonard at jessicamichaelleonard@gmail.com. Redaction Request due 11/25/2024. Redacted Transcript Deadline set for 12/5/2024. Release of Transcript Restriction set for 2/3/2025. (Kelly, Danielle) |
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| 664 | 664
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order
Order
Mon 11/04 1:09 PM
Judge Mark L. Wolf: ORDER entered re652 Joint MOTION for Preliminary Approval of Settlement Agreement and Notice of Settlement and Fairness Hearing . Please see attached. (Cook, Savannah) |
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Att: 1
Exhibit 1
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| Thursday, October 31, 2024 | ||
| 663 | 663
misc
Proposed Documents Submitted to the Court
Thu 10/31 5:22 PM
Proposed Document(s) submitted 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. Document received: Proposed Order Granting the Parties' Joint Motion for Preliminary Approval of Settlement Agreement.(Cox, Jonathan) |
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Att: 1
Notice of Proposed Settlement and Fairness Hearing
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