Brito et al v. Barr et al
| Massachusetts District Court | |
| Judge: | Patti B Saris |
| Case #: | 1:19-cv-11314 |
| Nature of Suit | 463 Immigration - Habeas Corpus - Alien Detainee |
| Cause | 28:2241 Petition for Writ of Habeas Corpus (federa |
| Case Filed: | Jun 13, 2019 |
| Terminated: | Sep 14, 2022 |
| Last checked: Tuesday Dec 10, 2019 3:23 AM EST |
|
Intervenor
Pro Se Party John A. Hawkinson
P.O. Box 397103
Cambridge, MA 02139 |
|
|
Petitioner
Gilberto Pereira Brito
|
Represented By
|
|
Petitioner
Jacky Celicourt
|
Represented By
|
|
Petitioner
Florentin Avila Lucas
|
Represented By
|
|
Respondent
William Barr
|
Represented By
|
|
Respondent
Christopher Brackett
|
Represented By
|
|
Respondent
Marcos Charles
|
Represented By
|
|
Respondent
Kevin McAleenan
|
Represented By
|
|
Respondent
James McHenry
|
Represented By
|
|
Respondent
Antone Moniz
|
Represented By
|
|
Respondent
Mark Morgan
|
Represented By
|
|
Respondent
Yolanda Smith
|
Represented By
|
|
Respondent
Steven Souza
|
Represented By
|
|
Respondent
Lori Streeter
|
Represented By
|
GPO
Aug 06 2019
Chief Judge Patti B. Saris: MEMORANDUM AND ORDER entered.ORDERFor the foregoing reasons, Plaintiffs' motion for class certification (Docket No. 17) is ALLOWED. The Court certifies the following two classes for the due process claim: Pre-Hearing Class: All individuals who 1) are or will be detained pursuant to 8 U.S.C. § 1226(a), 2) are held in immigration detention in Massachusetts or are otherwise subject to the jurisdiction of the Boston Immigration Court, and 3) have not received a bond hearing before an immigration judge.Post-Hearing Class: All individuals who 1) are or will be detained pursuant to 8 U.S.C. § 1226(a), 2) are held in immigration detention in Massachusetts or are otherwise subject to the jurisdiction of the Boston Immigration Court, and 3) have received a bond hearing before an immigration judge.The Court appoints Mintz Levin, the American Civil Liberties Union Foundation of Massachusetts, the American Civil Liberties Union Foundation of New Hampshire, and the ACLU Foundation Immigrants' Rights Project as class counsel under Federal Rule of Civil Procedure 23(g). SO ORDERED.(Lara, Miguel) |
|
|
GPO
Nov 27 2019
Chief Judge Patti B. Saris: MEMORANDUM AND ORDER entered:ORDERPlaintiffs' motion for summary judgment (Dkt. No. 67) and motion to modify the class definitions (Dkt. No. 72) are ALLOWED. Plaintiffs' request for declaratory and injunctive relief is ALLOWED IN PART and DENIED IN PART.DECLARATORY JUDGMENT (BOTH CLASSES)The Court declares that aliens detained pursuant to 8 U.S.C. § 1226(a) are entitled to receive a bond hearing at which the Government must prove the alien is either dangerous by clear and convincing evidence or a risk of flight by a preponderance of the evidence and that no condition or combination of conditions will reasonably assure the alien's future appearance and the safety of the community. At the bond hearing, the immigration judge must evaluate the alien's ability to pay in setting bond above $1,500 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.PERMANENT INJUNCTION (BOTH CLASSES)The Court orders that immigration courts shall follow the requirements set forth in the above declaration, effective December 13, 2019. The Court orders that the Government shall provide this declaratory judgment and permanent injunction to all members of both classes by December 13, 2019 and to all new members of the Pre-Hearing Class once ICE makes the initial determination to detain them pursuant to 8 U.S.C. § 1226(a). The Government shall file a certification that this has occurred by December 16, 2019.PERMANENT INJUNCTION (POST-HEARING CLASS ONLY)The Court orders that the Government shall provide class counsel with the following information for each member of the Post-Hearing Class by January 3, 2020: (1) the name; (2) the current location; (3) the date the current period of detention began, (4) the name of the class member's counsel in immigration court, if any, and; (5) a statement of whether a new bond hearing has taken place after the date of this order and, if so, the outcome. The Government also shall file with the Court a copy of this information.SO ORDERED.(Lara, Miguel) |
| 1. | Judge to hear arguments on immigrant detention, bond hearings in Boston federal court (masslive.com) |
| Submitted Tue 11/05/2019 | |
| Docket last updated: 11/24/2024 11:59 PM EST |
| Wednesday, May 31, 2023 | ||
| 119 | 119
notice
Notice of Withdrawal of Appearance
Wed 05/31 6:53 PM
NOTICE of Withdrawal of Appearance by Michael Tan (Tan, Michael) |
|