Case: Alli v. Decker

4:09-cv-00698 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: April 15, 2009

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On April 15, 2009, two longtime permanent residents of the United States who had been detained in Pennsylvania prisons for periods exceeding six months while they pursued challenges to decisions to deport them filed a class action lawsuit against the Department of Homeland Security, the Department of Justice, and the prisons that held them in the U.S. District Court for the Middle District of Pennsylvania under the Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq., the Administrat…

On April 15, 2009, two longtime permanent residents of the United States who had been detained in Pennsylvania prisons for periods exceeding six months while they pursued challenges to decisions to deport them filed a class action lawsuit against the Department of Homeland Security, the Department of Justice, and the prisons that held them in the U.S. District Court for the Middle District of Pennsylvania under the Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq., the Administrative Procedure Act, 5 U.S.C. § 551 et seq., and the due process clause of the Fifth Amendment. The plaintiffs, represented by private and public interest counsel, asked the court for a writ of habeas corpus and injunctive and declaratory relief, alleging violations of their Fifth Amendment rights. Specifically, the plaintiffs claimed that their prolonged detention pending immigration proceedings without a hearing to determine whether such detention was justified violated the due process clause of the Fifth Amendment.

On August 10, 2009, the Court (Judge John E. Jones III) declined to certify a class action or to grant habeas class relief but granted the plaintiffs' individual habeas petitions. Alli v. Decker, 644 F. Supp. 2d 535 (M.D. Pa. 2009). The court found that it lacked subject matter jurisdiction to provide class relief, as the statute that authorized plaintiffs' detention explicitly barred class action to enjoin or restrain its application, but also interpreted that statute as authorizing mandatory detention only "for the period of time reasonably necessary to promptly initiate and conclude removal proceedings," and held that "[i]f an alien detained pursuant to [the statute] makes a showing via a habeas petition that detention is no longer reasonable, the alien must be afforded a hearing before the habeas court at which the government bears the burden of justifying continued detention based on traditional bail factors such as the alien's risk of flight and potential danger to the community." Id. at 11-12. The court gave the parties twenty days to indicate whether they wanted to present testimony or evidence related to the reasonableness of the plaintiffs' detentions at a bail hearing.

Rather than do so, the parties came to an agreement whereby defendants would release the plaintiffs without requiring that they post bail. One plaintiff was released in late January of 2010 under minimal reporting requirements, and the other was released in late March of the same year, subject to electronic monitoring.

Summary Authors

Christopher Schad (6/4/2012)

People


Judge(s)
Attorney for Plaintiff

Alcaro, Frederick (Pennsylvania)

Anello, Farrin R (New York)

Burch, Valerie (Pennsylvania)

Attorney for Defendant

Atkinson, Theodore W (District of Columbia)

Cerutti, Stephen (Pennsylvania)

Documents in the Clearinghouse

Documents in this case

4:09-cv-00698

Docket

U.S. District Court for the Western District of Pennsylvania

Dec. 21, 2011

Dec. 21, 2011

Docket
9

4:09-cv-00698

Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory Relief

May 27, 2009

May 27, 2009

Complaint
56

4:09-cv-00698

Memorandum and Order

Aug. 10, 2009

Aug. 10, 2009

Order/Opinion

644 F.Supp.2d 535

100

4:09-cv-00698

Order (Denying Respondents' Motion for Reconsideration)

Feb. 22, 2010

Feb. 22, 2010

Order/Opinion

Docket

Last updated March 25, 2025, 8:09 a.m.

ECF Number Date Description Link
1 April 15, 2009

PETITION for Writ of Habeas Corpus, filed by Alexander Alli.(ch1) (Entered: 04/15/2009)

PACER
2 May 7, 2009

RECEIPT LETTER $ 5.00, receipt number 333009931 Alexander Alli H/C Filing Fee 5/7/09 (ts, ) (Entered: 05/07/2009)

PACER
3 May 8, 2009

ORDER TO SHOW CAUSE; Clerk directed to serve Respondants and U. S. Attorny by certified mail. Show Cause Response due by 4/28/2009. Signed by Honorable John E. Jones, III on 5/8/2009. (ch1) (Entered: 05/08/2009)

PACER
May 8, 2009

SHOW CAUSE ORDER and Petition for Habeas Corpus Served on Respondants and U.S. Attorney by certified mail. (ch1) (Entered: 05/08/2009)

PACER
4 May 13, 2009

RETURN OF SERVICE (Non Summons &Complaint) by Mary Sabol (return receipt green card dated 5/11/2009). (ch1) (Entered: 05/13/2009)

PACER
5 May 13, 2009

RETURN OF SERVICE (Non Summons &Complaint) (return receipt green card dated 4/12/2009 for U. S. Attorney Pfannenschmidt). (ch1) (Entered: 05/13/2009)

PACER
6 May 18, 2009

RETURN OF SERVICE (Non Summons &Complaint)(return receipt green card dated 5/11/2009 for Eric Holder, U. S. Attorney General). (ch1) (Entered: 05/18/2009)

PACER
7 May 18, 2009

RETURN OF SERVICE (Non Summons &Complaint) (return receipt green card dated 5/13/2009 for Thomas Decker). (ch1) (Entered: 05/18/2009)

PACER
8 May 22, 2009

RETURN OF SERVICE (Non Summons &Complaint) by Janet Napolitano (return receipt green card dated 5/18/2009 − service accepted in official capacity only). (ch1) (Entered: 05/22/2009)

PACER
9 May 27, 2009

AMENDED COMPLAINT −−Petition for Writ of Habeas Corpus and Complaint for Declaratory Relief against Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol, filed by Alexander Alli. (Attachments: # 1 Declaration of Alexander Alli, # 2 Declaration of Elliot Grenade, # 3 Exhibit(s) A −− 1/29/09 IJ Decision, # 4 Exhibit(s) B −− Alli 2/29/08 Notice to Appear, # 5 Exhibit(s) C −− 3/29/05 Bond Order, # 6 Exhibit(s) D −− Grenade 1/12/07 Notice to Appear, # 7 Exhibit(s) E −− Grenade Removal Proceedings, # 8 Exhibit(s) F −− 12/28/06 Custody Determination, # 9 Exhibit(s) G −− 12/3/07 Notice of File Custody Review, # 10 Exhibit(s) H −− 1/16/09 Decision to Continue Detention−Stay)(Alcaro, Frederick) (Entered: 05/27/2009)

PACER
10 May 27, 2009

NOTICE of Appearance by Witold J. Walczak on behalf of Alexander Alli (Walczak, Witold) (Entered: 05/27/2009)

PACER
11 May 27, 2009

NOTICE of Appearance by Thomas B. Schmidt, III on behalf of Alexander Alli (Schmidt, Thomas) (Entered: 05/27/2009)

PACER
12 May 27, 2009

NOTICE of Appearance by Valerie Burch on behalf of Alexander Alli (Burch, Valerie) (Entered: 05/27/2009)

PACER
13 May 27, 2009

NOTICE of Appearance by Kathleen A. Mullen on behalf of Alexander Alli (Mullen, Kathleen) (Entered: 05/27/2009)

PACER
15 May 27, 2009

MOTION to Appear Pro Hac Vice − Attorney Michael Tan is seeking special admission. Filing fee $ 25, receipt number 03140000000001585671. by Alexander Alli.(Burch, Valerie) (Entered: 05/27/2009)

PACER
16 May 27, 2009

MOTION to Appear Pro Hac Vice − Attorney Eunice Lee is seeking special admission. Filing fee $ 25, receipt number 03140000000001585697. by Alexander Alli.(Burch, Valerie) (Entered: 05/27/2009)

PACER
17 May 27, 2009

MOTION to Certify Class by Alexander Alli. (Attachments: # 1 Exhibit(s) 1 −− Declaration of Michael Tan and Exhibit A thereto, # 2 Proposed Order)(Alcaro, Frederick) (Entered: 05/27/2009)

PACER
18 May 27, 2009

MOTION to Exceed Page Limitation by Alexander Alli. (Attachments: # 1 Proposed Order)(Alcaro, Frederick) (Entered: 05/27/2009)

PACER
May 27, 2009

DOCKET ANNOTATION: Verified through NY State Unified Court System the records for Judy Rabinovitz, Michael Tan and Eunice Lee. All are currently registered. Verified through PA State Bar Record of Valeri Burch as active. (ch1) (Entered: 05/27/2009)

PACER
19 May 28, 2009

SPECIAL ADMISSIONS FORM APPROVED as to Eunice Lee (eo, ) (Entered: 05/28/2009)

PACER
20 May 28, 2009

SPECIAL ADMISSIONS FORM APPROVED as to Judy Rabinovitz (eo, ) (Entered: 05/28/2009)

PACER
21 May 28, 2009

SPECIAL ADMISSIONS FORM APPROVED as to Michael Tan (eo, ) (Entered: 05/28/2009)

PACER
22 May 28, 2009

Application for Admission to Practice Before This Court. (Attachments: # 1 Supplement Letter from DOJ Supervisor)(Forney, Geoffrey) (Entered: 05/28/2009)

PACER
23 May 28, 2009

NOTICE of Appearance by Geoffrey Forney on behalf of Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Forney, Geoffrey) (Entered: 05/28/2009)

PACER
24 May 29, 2009

ORDER granting 18 Motion for Leave to File Excess Pages. Petitioners shall file a brief that is no longer than 35 pages in length. Signed by Honorable John E. Jones, III on 5/29/09 (bw, ) (Entered: 05/29/2009)

PACER
25 May 29, 2009

MOTION to Exceed Page Limitation by Alexander Alli. (Attachments: # 1 Proposed Order)(Rabinovitz, Judy) (Entered: 05/29/2009)

PACER
26 June 1, 2009

SPECIAL ADMISSIONS FORM APPROVED as to Geoffrey Forney (eo, ) (Entered: 06/01/2009)

PACER
27 June 1, 2009

MOTION for Preliminary Injunction by Alexander Alli. (Attachments: # 1 Proposed Order)(Rabinovitz, Judy) (Entered: 06/01/2009)

PACER
28 June 1, 2009

MOTION to Expedite Briefing Schedule by Alexander Alli. (Attachments: # 1 Proposed Order)(Rabinovitz, Judy) (Entered: 06/01/2009)

PACER
29 June 2, 2009

ORDER granting 25 Motion for Leave to File Excess Pages. Granting 28 Motion to Expedite. See order for details. (eo, ) (Entered: 06/02/2009)

PACER
30 June 4, 2009

MOTION to Exceed Page Limitation for Return in Opposition to Petitioner Alli's Petition for Writ of Habeas Corpus by Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Proposed Order)(Forney, Geoffrey) (Entered: 06/04/2009)

PACER
31 June 4, 2009

MOTION to Exceed Page Limitation for Return in Opposition to Petitioner Grenade's Petition for Writ of Habeas Corpus by Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Proposed Order)(Forney, Geoffrey) (Entered: 06/04/2009)

PACER
33 June 9, 2009

ORDER denying as moot 31 Motion for Leave to File Excess Pages. Granting 30 Motion for Leave to File Excess Pages. See order for details. (eo, ) (Entered:

PACER
35 June 10, 2009

NOTICE of Appearance by Theodore W. Atkinson on behalf of Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Atkinson, Theodore) (Entered: 06/10/2009)

PACER
36 June 10, 2009

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Theodore W. Atkinson on behalf of the United States and it's agencies, is seeking special admission. Filing Fee: 25.00. (rm, ) (Entered: 06/10/2009)

PACER
37 June 11, 2009

SPECIAL ADMISSIONS FORM APPROVED as to Theodore W. Atkinson (eo, ) (Entered: 06/11/2009)

PACER
38 June 12, 2009

STIPULATION Concerning Briefing and Scheduling by Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Atkinson, Theodore) (Entered: 06/12/2009)

PACER
39 June 15, 2009

BRIEF IN OPPOSITION re 27 MOTION for Preliminary Injunction filed by Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Exhibit(s) 1 − 18)(Atkinson, Theodore) (Entered: 06/15/2009)

PACER
40 June 19, 2009

REPLY BRIEF re 27 MOTION for Preliminary Injunction filed by Alexander Alli. (Attachments: # 1 Exhibit(s) A −− Response to Petition for Writ of Habeas Corpus, Polyakov v. Mukasey)(Mullen, Kathleen) (Entered: 06/19/2009)

PACER
41 June 19, 2009

RESPONSE TO PETITION FOR HABEAS CORPUS by Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol by Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Exhibit(s) 1 − 16)(Atkinson, Theodore) (Entered: 06/19/2009)

PACER
42 June 23, 2009

SCHEDULING ORDER: Oral Argument set for 8/4/2009 01:00 PM in Williamsport − Courtroom 2 before Honorable John E. Jones III. (eo, ) (Entered: 06/23/2009)

PACER
43 July 7, 2009

SCHEDULING ORDER: Oral Argument time and location reset for 8/4/2009 at 9:00 AM in HARRISBURG before Honorable John E. Jones III. Date remains the same as previously scheduled. Courtroom to be determined. (eo, ) (Entered: 07/07/2009)

PACER
45 July 13, 2009

BRIEF by Elliot Grenade, Alexander Alli. Amendment to 9 Amended Complaint,,, filed by Elliot Grenade, Alexander Alli. Related document: 9 Amended Complaint,, filed by Alexander Alli. (Attachments: # 1 Exhibit(s) Unreported Case)(Rabinovitz, Judy) (Entered: 07/13/2009)

PACER
46 July 13, 2009

MOTION to Appear Pro Hac Vice − Attorney Farrin Anello is seeking special admission. Filing fee $ 25, receipt number 03140000000001622335. by Elliot Grenade, Alexander Alli.(Burch, Valerie) (Entered: 07/13/2009)

PACER
47 July 13, 2009

MOTION to Withdraw Eunice Lee by Elliot Grenade, Alexander Alli.(Rabinovitz, Judy) (Entered: 07/13/2009)

PACER
July 13, 2009

DOCKET ANNOTATION: Document 44 deleted; Attorney refiled correctly (see doc 45). (lg, ) (Entered: 07/13/2009)

PACER
July 13, 2009

DOCKET ANNOTATION: Attorney Rabinovitz' office contacted to re−file document 44 as a supplement/brief in support to the previously filed amended petition; thereafter, doc 44 (which was e−filed as a reply to a previously filed motion), will be deleted. (lg, ) (Entered: 07/13/2009)

PACER
July 13, 2009

DOCKET ANNOTATION: Verified status of Attorney Anello with NY State Court System and Valerie Burch with PA Bar as active. (ch1) (Entered: 07/13/2009)

PACER
48 July 20, 2009

SPECIAL ADMISSIONS FORM APPROVED as to Farrin R. Anello (eo, ) (Entered: 07/20/2009)

PACER
50 Aug. 3, 2009

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Stephen Cerutti on behalf of Attorney Gjon Juncaj who is seeking special admission. Filing fee $ 25. (Cerutti, Stephen) Modified on 8/3/2009 (ki). (Entered: 08/03/2009)

PACER
51 Aug. 3, 2009

SPECIAL ADMISSIONS FORM APPROVED as to Gjon Juncaj (lg, ) (Entered: 08/04/2009)

PACER
Aug. 3, 2009

DOCKET ANNOTATION: Verified status as active with PA State Bar for Stephen Cerutti. (ch1) (Entered: 08/03/2009)

PACER
Aug. 4, 2009

DOCKET ANNOTATION: verified Michigan state bar record for Attorney Gjon Juncaj. (lg, ) (Entered: 08/04/2009)

PACER
53 Aug. 7, 2009

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of proceedings, Oral Argument held on 08/04/2009, before Judge John E. Jones III. Court Reporter Joan D. Steinbach, RMR, Telephone number 570−772−7569; Joan_Steinbach@pamd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the court reporter or PACER. Redaction Request due 8/28/2009. Redacted Transcript Deadline set for 9/8/2009. Release of Transcript Restriction set for 11/5/2009. (cr5, ) (Entered: 08/07/2009)

PACER
54 Aug. 7, 2009

COURT REPORTER NOTES OF PROCEEDINGS filed by Joan D. Steinbach, RMR of Oral Argument before Judge John E. Jones III on 08/04/2009. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge John E. Jones III on 08/04/2009. By s/ Joan D. Steinbach, RMR. (Court Reporter Notes are viewable by court staff only). (cr5, ) (Entered: 08/07/2009)

PACER
55 Aug. 7, 2009

NOTICE TO UNREGISTERED ECF ATTORNEYS/PRO SE PARTIES regarding the filing of 53 Transcript. A copy of notice mailed to Gjon Juncaj. (lh, ) (Entered: 08/07/2009)

PACER
56 Aug. 10, 2009

ORDER Denying 17 Motion to Certify Class. Denying 27 Motion for Preliminary Injunction. Within 20 days the parties shall indicate by letter on teh docket whether they wish to present testimony or evidence regarding the reasonableness of the petitioner's detention. See order for details. (eo, ) (Entered: 08/10/2009)

PACER
57 Aug. 10, 2009

Unopposed MOTION Substitute a Redacted Version of Brief in Support of Motion for Preliminary Injunction by Elliot Grenade, Alexander Alli. (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Brief, # 3 Exhibit(s) Alli Declaration, # 4 Exhibit(s) Mafos−Alli Declaration, # 5 Exhibit(s) Grenade Declaration, # 6 Exhibit(s) C Grenade Declaration, # 7 Exhibit(s) Womack Declaration, # 8 Exhibit(s) Baptist Declaration, # 9 Exhibit(s) A −− Alli Interlocutory Ruling, # 10 Exhibit(s) B −− Summary Order, # 11 Exhibit(s) C −− Grenade Notice of Custody Determination, # 12 Exhibit(s) D −− Alli Notice to Appear 2/29/08, # 13 Exhibit(s) E −− Rachel Mapos Certificate of Naturalization, # 14 Exhibit(s) Alli Certificate of Marriage Registration, # 15 Exhibit(s) G −− Alli Children Certificates of Birth, # 16 Exhibit(s) H −− Photographs of Alli Family, # 17 Exhibit(s) I −− Alli Real Estate License, # 18 Exhibit(s) J −− Bond Order dated 3/9/05, # 19 Exhibit(s) K −− Alli Program Review Report dated 4/10/08, # 20 Exhibit(s) L −− Alli Psychosocial Report, # 21 Exhibit(s) M −− Alli Family Letters, # 22 Exhibit(s) N −− Affidavit of Pastor Daniel Ajayi−Adeniran, # 23 Exhibit(s) O −− Alli Letters of Recommendation, # 24 Exhibit(s) P −− Grenade Notice to Appear, # 25 Exhibit(s) Q −− Grenade Family Photographs, # 26 Exhibit(s) R −− Grenade Certificate of Domestic Partnership, # 27 Exhibit(s) S −− Grenade Petitioner's Brief, # 28 Exhibit(s) T −− Grenade Notice to Alien of File Custody Review, # 29 Exhibit(s) U −− Grenade Decision to Continue Detention−Stay, # 30 Exhibit(s) V −− Letters from Grenade Children, # 31 Exhibit(s) W −− ASAT Program Evaluation, # 32 Exhibit(s) X −− Inmate Progress Report)(Mullen, Kathleen) (Entered: 08/10/2009)

PACER
59 Aug. 20, 2009

MOTION to Exceed Page Limitation by Elliot Grenade, Alexander Alli.(Rabinovitz, Judy) (Entered: 08/20/2009)

PACER
60 Aug. 21, 2009

ORDER granting 59 Motion for Leave to File Excess Pages (eo, ) (Entered: 08/21/2009)

PACER
61 Aug. 24, 2009

MOTION for Reconsideration re 56 Order on Motion to Withdraw, Order on Motion to Certify Class, Order on Motion for Preliminary Injunction,,, by Elliot Grenade, Alexander Alli.(Rabinovitz, Judy) (Entered: 08/24/2009)

PACER
62 Aug. 24, 2009

BRIEF IN SUPPORT re 61 MOTION for Reconsideration re 56 Order on Motion to Withdraw, Order on Motion to Certify Class, Order on Motion for Preliminary Injunction,,, filed by Elliot Grenade, Alexander Alli.(Rabinovitz, Judy) (Entered: 08/24/2009)

PACER
63 Aug. 31, 2009

Letter from Respondents pursuant to this Court's Order of August 10, 2009. (Atkinson, Theodore) (Entered: 08/31/2009)

PACER
64 Aug. 31, 2009

Letter from Petitioners pursuant to this Court's Order of August 10, 2009. (Rabinovitz, Judy) (Entered: 08/31/2009)

PACER
65 Sept. 1, 2009

SCHEDULING ORDER: Telephone Conference set for 9/9/2009 01:30 PM before Honorable John E. Jones III. Attorney Rabinovitz shall initiate call to chambers (717)221−3986. (eo, ) (Entered: 09/01/2009)

PACER
66 Sept. 1, 2009

MOTION to Withdraw as Attorney Michael Tan by Elliot Grenade, Alexander Alli.(Rabinovitz, Judy) (Entered: 09/01/2009)

PACER
68 Sept. 9, 2009

BRIEF IN OPPOSITION re 61 MOTION for Reconsideration re 56 Order on Motion to Withdraw, Order on Motion to Certify Class, Order on Motion for Preliminary Injunction,,, filed by John P. Torres, William Campbell, Janine Donate, Thomas V. Duran, William F. Juracka, Craig A. Lowe, Ruth Rush, Michael Zenk, Jerry C. Martinez, David Ebbert, R Martinez, Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol.(Atkinson, Theodore) (Entered: 09/09/2009)

PACER
69 Sept. 9, 2009

Consent MOTION to Exceed Page Limitation by John P. Torres, William Campbell, Janine Donate, William F. Juracka, Craig A. Lowe, Ruth Rush, Michael Zenk, Jerry C. Martinez, David Ebbert, R Martinez, Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Proposed Order)(Atkinson, Theodore) (Entered: 09/09/2009)

PACER
70 Sept. 10, 2009

Amended MOTION to Exceed Page Limitation by John P. Torres, William Campbell, Janine Donate, Thomas V. Duran, William F. Juracka, Craig A. Lowe, Ruth Rush, Michael Zenk, Jerry C. Martinez, David Ebbert, R Martinez, Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Proposed Order)(Atkinson, Theodore) (Entered: 09/10/2009)

PACER
71 Sept. 10, 2009

ORDER granting 70 Motion for Leave to File Excess Pages. Motion at doc 69 terminated as moot. (eo, ) (Entered: 09/10/2009)

PACER
72 Sept. 14, 2009

REPLY BRIEF re 61 MOTION for Reconsideration re 56 Order on Motion to Withdraw, Order on Motion to Certify Class, Order on Motion for Preliminary Injunction,,, regarding burden−shifting framework filed by Elliot Grenade, Alexander Alli.(Anello, Farrin) (Entered: 09/15/2009)

PACER
73 Sept. 18, 2009

ORDER denying 61 Motion for Reconsideration. See order for expedited briefing deadlines. (eo, ) (Entered: 09/18/2009)

PACER
77 Sept. 25, 2009

Petitioners' Supplemental Submission Regarding the Reasonableness of Their Continued Manatory Detention re 9 Amended Complaint; (Attachments: # 1 Exhibit(s) Unpublished Decision, # 2 Affidavit Declaration of Stanley Ellenberg, # 3 Affidavit Declaration of Robert Palumbos)(kn, ) (Entered: 09/29/2009)

PACER
76 Sept. 29, 2009

REPLY BRIEF re 61 MOTION for Reconsideration re 56 Order on Motion to Withdraw, Order on Motion to Certify Class, Order on Motion for Preliminary Injunction,,, filed by Elliot Grenade, Alexander Alli. (Attachments: # 1 Unpublished Opinion(s) Unpublished Opinions)(Anello, Farrin) (Entered: 09/29/2009)

PACER
Sept. 29, 2009

DOCKET ANNOTATION: DOCS 74 &75 deleted due to filing error and re−docketed as DOC # 77. (kn, ) (Entered: 09/29/2009)

PACER
78 Oct. 6, 2009

Consent MOTION to Exceed Page Limitation by John P. Torres, William Campbell, Janine Donate, Thomas V. Duran, William F. Juracka, Craig A. Lowe, Ruth Rush, Michael Zenk, Jerry C. Martinez, David Ebbert, R Martinez, Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Proposed Stipulated Order)(Atkinson, Theodore) (Entered: 10/06/2009)

PACER
79 Oct. 6, 2009

RESPONSE TO PETITION FOR HABEAS CORPUS by John P. Torres, William Campbell, Janine Donate, Thomas V. Duran, William F. Juracka, Craig A. Lowe, Ruth Rush, Michael Zenk, Jerry C. Martinez, David Ebbert, R Martinez, Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol by John P. Torres, William Campbell, Janine Donate, Thomas V. Duran, William F. Juracka, Craig A. Lowe, Ruth Rush, Michael Zenk, Jerry C. Martinez, David Ebbert, R Martinez, Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Exhibit(s) 1 − 19)(Atkinson, Theodore) (Entered: 10/06/2009)

PACER
80 Oct. 7, 2009

ORDER granting 78 Motion for Leave to File Excess Pages (eo, ) (Entered: 10/07/2009)

PACER
81 Oct. 9, 2009

ORDER denying 61 MOTION for Reconsideration re 56 Order on Motion to Withdraw, Order on Motion to Certify Class, Order on Motion for Preliminary Injunction, filed by Elliot Grenade, Alexander Alli (eo, ) (Entered: 10/09/2009)

PACER
82 Oct. 15, 2009

Consent MOTION to Exceed Page Limitation by Elliot Grenade, Alexander Alli. (Attachments: # 1 Proposed Order)(Anello, Farrin) (Entered: 10/15/2009)

PACER
83 Oct. 15, 2009

REPLY BRIEF re 82 Consent MOTION to Exceed Page Limitation Reply Memorandum re. Reasonableness of Continued Mandatory Detention filed by Elliot Grenade, Alexander Alli. (Attachments: # 1 Unpublished Opinion(s), # 2 Affidavit Supplemental Declaration of Stanley Ellenberg, # 3 Exhibit(s) Alli Exhibits, # 4 Affidavit Supplemental Declaration of Robert Palumbos, # 5 Exhibit(s) Grenade Exhibits)(Anello, Farrin) (Entered: 10/15/2009)

PACER
84 Oct. 15, 2009

ORDER granting 82 Motion for Leave to File Excess Pages (eo, ) (Entered: 10/15/2009)

PACER
85 Nov. 4, 2009

NOTICE by Elliot Grenade, Alexander Alli of Supplemental Authority (Rabinovitz, Judy) (Entered: 11/04/2009)

PACER
86 Nov. 18, 2009

NOTICE by Elliot Grenade, Alexander Alli of Supplemental Authority (Rabinovitz, Judy) (Entered: 11/18/2009)

PACER
87 Nov. 20, 2009

Unpublished Decisions by Elliot Grenade, Alexander Alli. 86 Notice. (Rabinovitz, Judy) (Entered: 11/20/2009)

PACER
88 Jan. 26, 2010

SCHEDULING ORDER: Bond Hearings are set for 2/10/2010 10:00 AM in Harrisburg − Courtroom 1 before Honorable John E. Jones III. See order for details. (eo, ) (Entered: 01/26/2010)

PACER
89 Feb. 3, 2010

Praecipe Proposed Writ of Habeas Corpus Ad Testificandum. (Rabinovitz, Judy) (Entered: 02/03/2010)

PACER
90 Feb. 4, 2010

Writ of Habeas Corpus ad Testificandum Issued as to Elliot Grenade for 2/10/10 at 10:00 a.m. in Courtoroom #1. (3 cc's to USM) (eo, ) (Entered: 02/04/2010)

PACER
91 Feb. 4, 2010

MOTION for Reconsideration re 88 Scheduling Order by John P. Torres, William Campbell, Janine Donate, Thomas V. Duran, William F. Juracka, Craig A. Lowe, Ruth Rush, Michael Zenk, Jerry C. Martinez, David Ebbert, R Martinez, Thomas Decker, Janet Napolitano, Eric Holder, Mary Sabol. (Attachments: # 1 Exhibit(s) (Exhibits 1 − 3))(Atkinson, Theodore) (Entered: 02/04/2010)

PACER
92 Feb. 9, 2010

SCHEDULING ORDER:Bond Hearing reset for 2/17/2010 09:30 AM in Harrisburg − Courtroom 1 before Honorable John E. Jones III. (eo, ) (Entered:

PACER
94 Feb. 12, 2010

Writ of Habeas Corpus ad Testificandum Issued as to Elliot Grenade for 2/17, 2010 at 9:30 a.m. Courtroom #1 (3 cc's to USM) (eo, ) (Entered: 02/12/2010)

PACER
95 Feb. 16, 2010

Letter from Petitioner requesting permission for witnesses to testify by telephone . (Anello, Farrin) (Entered: 02/16/2010)

PACER
96 Feb. 16, 2010

BRIEF IN OPPOSITION re 91 MOTION for Reconsideration re 88 Scheduling Order MOTION for Reconsideration re 88 Scheduling Order filed by Elliot Grenade, Alexander Alli. (Attachments: # 1 Unpublished Opinion(s) 11/9/2009 Occelin v. District Director for ICE)(Rabinovitz, Judy) (Entered: 02/16/2010)

PACER
97 Feb. 16, 2010

Supplement by Elliot Grenade, Alexander Alli. to 96 Brief in Opposition, Unpublished Opinion Nunez−Pimentel v. DHS . (Attachments: # 1 Unpublished Opinion(s) Victor v. Mukasey, # 2 Unpublished Opinion(s) Sulayao v. Shanahan)(Rabinovitz, Judy) (Entered: 02/16/2010)

PACER
99 Feb. 17, 2010

COURT REPORTER NOTES OF PROCEEDINGS filed by L. Shuey of stipulation before Judge Jones on 2/17/10. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Jones on 2/17/10. By s/ L. Shuey. (Court Reporter Notes are viewable by court staff only). (ctrep1, ) (Entered: 02/17/2010)

PACER
100 Feb. 22, 2010

ORDER denying 91 Motion for Reconsideration. See order and transcript for stipulaion. Respondent's status report due by 3/15/2010. (eo, ) (Entered: 02/22/2010)

PACER
101 March 12, 2010

SCHEDULING ORDER: A Telephone Status Conference set for 3/15/2010 at 02:00 PM before Honorable John E. Jones III. Counsel for the Petitioner shall initiate the call.Signed by Honorable John E. Jones, III on 3/12/10. (pw, ) (Entered: 03/12/2010)

PACER
102 March 15, 2010

SCHEDULING ORDER: Telephone Status Conference set for 3/25/2010 11:00 AM before Honorable John E. Jones III. (eo, ) (Entered: 03/15/2010)

PACER
104 March 25, 2010

Letter from Petitioners and Respondents Requesting to Reschedule Telephonic Status Conference . (Rabinovitz, Judy) (Entered: 03/25/2010)

PACER
105 March 25, 2010

SCHEDULING ORDER: The telephonic status conference scheduled for 3/25/10 at 11:00 a.m. is CANCELLED. A Telephone Status Conference is re−set for 4/5/2010 at 01:30 PM beore Honorable John E. Jones III. Counsel for petitioner shall initiate the call.Signed by Honorable John E. Jones, III on 3/25/10. (pw, ) (Entered: 03/25/2010)

PACER

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 15, 2009

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

two immigrants, both longtime lawful permanent residents of the United States, who were detained in Pennsylvania prisons for periods exceeding six months while they pursue challenges to pending removal proceedings

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Federal

U.S. Department of Homeland Security

U.S. Department of Justice

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

All Writs Act, 28 U.S.C. § 1651

Declaratory Judgment Act, 28 U.S.C. § 2201

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Other Dockets:

Middle District of Pennsylvania 4:09-cv-00698

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Issues

Immigration/Border:

Constitutional rights

Deportation - judicial review

Detention - procedures

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Recommended Citation