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 |
| Terminated: | Jan 21, 2025 |
| Last checked: Saturday Aug 04, 2018 5:20 AM EDT |
|
Petitioner
Lilian Pahola Calderon Jimenez
|
Represented By
|
|
Petitioner
Carmen Sanchez
|
Represented By
|
|
Petitioner
Celina Rivera Rivas
|
Represented By
|
|
Petitioner
Oscar Rivas
|
Represented By
|
|
Petitioner
Amy Chen
|
Represented By
|
|
Petitioner
Lucimar De Souza
|
Represented By
|
|
Petitioner
Sandro De Souza
|
Represented By
|
|
Petitioner
Sergio Francisco
|
Represented By
|
|
Petitioner
Deng Gao
|
Represented By
|
|
Petitioner
Luis Gordillo
|
Represented By
|
|
Respondent
Donald J. Trump
|
Represented By
|
|
Respondent
Thomas Homan
|
Represented By
|
|
Respondent
Thomas Brophy
Burlington, MA 01803
|
Represented By
|
|
Respondent
STEVEN W TOMPKINS
|
Represented By
|
|
Respondent
Yolanda Smith
Superintendent of Suffolk County Correctional Facility Suffolk County House of Correction 20 Bradston Street
Boston, MA 02118 |
Represented By
|
|
Respondent
Kirstjen M NIELSEN
|
Represented By
|
|
Respondent
Christopher Cronen
Boston Field Office Director, Immigration and Customs Enforcement 1000 District Avenue
Burlington, MA 01803 |
Represented By
|
GPO
Feb 07 2018
Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. (Bono, Christine) |
|
|
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) |
|
|
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) |
|
|
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) |
|
|
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 |
|
|
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) |
|
|
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) |
|
|
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) |
|
|
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) |
|
|
GPO
Jan 16 2025
Judge Mark L. Wolf: ORDER entered re 670 Joint MOTION for Final Approval of Settlement Agreement. Please see attached. Therefore it is hereby ORDERED that:1. The Settlement Agreement is incorporated into this Final Approval Order.2. The case is DISMISSED WITH PREJUDICE. Pursuant to Federal Rule of Civil Procedure 41(a) (2), the court retains jurisdiction to enforce the provisions of the Settlement Agreement pursuant to the terms of enforcement set forth in Section VI of the Settlement Agreement for the period provided in Section VII of the Settlement Agreement. See Disability Law Ctr. v. Massachusetts Dep't of Corr., 960 F. Supp. 2d 271, 274, 278-79 (D. Mass. 2012) ("The Supreme Court recognized in Kokkonen [v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381-382 {1994)] that a United States district court may retain jurisdiction to enforce the provisions of a private settlement agreement even as it dismisses the litigation that the settlement resolves."). 3. The parties shall bear their own fees and costs in accordance with Section VIII of the Settlement Agreement.4. The motions which are Docket Nos. 49, 229, 302, 548, 560, and 566 are DENIED as MOOT. (SEC) |
| 1. | Judge to consider lawsuit challenging immigrant arrests (abcnews.go.com) |
| Submitted Mon 08/20/2018 | |
| Docket last updated: 5 hours ago |
| Wednesday, January 22, 2025 | ||
| 681 | 681
notice
Notice of Filing of Official Transcript
Wed 01/22 12:22 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] (DRK) |
|
| 680 | 680
misc
Transcript
Wed 01/22 12:21 PM
Transcript of Motion Hearing held on January 16, 2025, 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 2/12/2025. Redacted Transcript Deadline set for 2/24/2025. Release of Transcript Restriction set for 4/22/2025. (DRK) |
|
| Friday, January 17, 2025 | ||
| 679 | 679
1
pgs
order
Order ~Util - Terminate Motions
Fri 01/17 12:18 PM
Judge Mark L. Wolf: ORDER entered. It is hereby ORDERED that: 1. The assented-to motions to seal that are Docket Nos.313, 391, and 565 are ALLOWED. 2. The parties shall order a transcript of the January 16, 2025 hearing on an expedited basis. (SEC) |
|
| Thursday, January 16, 2025 | ||
| 678 | 678
3
pgs
order
Order
Thu 01/16 5:10 PM
Judge Mark L. Wolf: ORDER entered re675 MOTION to Dismiss Following Final Settlement Approval. ALLOWED and SO ORDERED. (SEC) |
|
| 677 | 677
6
pgs
order
Order ~Util - Terminate Motions
Thu 01/16 5:07 PM
Judge Mark L. Wolf: ORDER entered re670 Joint MOTION for Final Approval of Settlement Agreement. Please see attached . Therefore it is hereby ORDERED that: 1. The Settlement Agreement is incorporated into this Final Approval Order. 2. The case is DISMISSED WITH PREJUDICE. Pursuant to Federal Rule of Civil Procedure 41(a) (2), the court retains jurisdiction to enforce the provisions of the Settlement Agreement pursuant to the terms of enforcement set forth in Section VI of the Settlement Agreement for the period provided in Section VII of the Settlement Agreement. See Disability Law Ctr. v. Massachusetts Dep't of Corr., 960 F. Supp. 2d 271, 274, 278-79 (D. Mass. 2012) ("The Supreme Court recognized in Kokkonen [v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381-382 {1994)] that a United States district court may retain jurisdiction to enforce the provisions of a private settlement agreement even as it dismisses the litigation that the settlement resolves."). 3. The parties shall bear their own fees and costs in accordance with Section VIII of the Settlement Agreement. 4. The motions which are Docket Nos. 49, 229, 302, 548, 560, and 566 are DENIED as MOOT. (SEC) |
|
| 676 | 676
minutes
Motion Hearing Order on Motion for Miscellaneous Relief Order on Motion to Dismiss
Thu 01/16 4:52 PM
Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 1/16/2025. Counsel for Petitioners and Respondents present. Procedural history of case outlined. Objections were to be postmarked by 1/3/2025 and no objections have been received. No class members in court requested to address the court. Arguments held re: pending motions. Discussion of related cases held. Gov't ordered to contact counsel for Petitioner in related case No. 18CV11596 and instruct counsel to file a motion to dismiss or explain why a motion to dismiss is not appropriate by 1/30/2025. Respondent provided the court with a list of names of supervisory Boston Office ERO officials. Court instructs the parties to provide notice of the court's decision to class members. The court GRANTS670 Joint MOTION for Final Approval of Settlement Agreement and GRANTS WITH PREJUDICE675 MOTION to Dismiss Following Final Settlement Approval.The court retains jurisdiction to enforce the provisions of the Settlement Agreement pursuant to the terms of enforcement set forth in Section VI of the Settlement Agreement for the period provided in Section VII of the Settlement Agreement. Court finds that the final settlement agreement is fair, reasonable and adequate. Findings of fact and rulings of law read on the record. The motions which are Docket Nos. 49, 229, 302, 548, 560,and 566 are DENIED as MOOT. Order to follow. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: A. Lafaille, C. Luo, J. Cox, K. Gillespie and K. Prussia for the Petitioners; M. Larakers and E. Piemonte for the Respondents.) (JMF) |
|