Case: Siddiqui v. Immigration and Customs Enforcement

0:20-cv-00793 | U.S. District Court for the District of Minnesota

Filed Date: March 24, 2020

Closed Date: Dec. 22, 2020

Clearinghouse coding complete

Case Summary

This case centers on the government’s obligations to the medical needs of immigration detainees during the COVID-19 pandemic.Petitioners were a large group of immigrant detainees held by U.S. Immigration and Customs Enforcement (ICE) at the Sherburne County Jail in Elk River, MN. As plaintiffs constructed the suit, they each fell into one of two groups: those at high risk of severe illness or death if they contracted COVID-19 and those who were generally at risk from COVID-19. On March 24, 2020…

This case centers on the government’s obligations to the medical needs of immigration detainees during the COVID-19 pandemic.

Petitioners were a large group of immigrant detainees held by U.S. Immigration and Customs Enforcement (ICE) at the Sherburne County Jail in Elk River, MN. As plaintiffs constructed the suit, they each fell into one of two groups: those at high risk of severe illness or death if they contracted COVID-19 and those who were generally at risk from COVID-19.

On March 24, 2020, the plaintiffs filed a petition for writ of habeas corpus under 8 U.S.C. § 1226(a). Their initial petition was pro se, but the court appointed private counsel a week or so later. We do not have the full file, but presumably counsel rewrote the petition; an amended version was filed on April 6, asserting two claims: (1) that the defendants acted with deliberate indifference to the plaintiffs’ health, safety, and well-being by continuing to detain them at Sherburne County Jail, in violation of the Fifth and Fourteenth Amendment right to substantive due process; and (2) that plaintiffs’ continued detention amidst the COVID-19 pandemic subjected them to a heightened risk of illness and death, which amounted to unlawful punishment in violation of the Fifth and Fourteenth Amendments. Plaintiffs sought an order from the court ordering their immediate release in the form of a Writ of Habeas Corpus or, in the alternative, in the form of an injunction. Plaintiffs also sought a declaration that their continued detention was a violation of their constitutional due process rights.

The case was referred to U.S. Magistrate Judge Elizabeth Cowan Wright for a report and recommendation. Judge Wright issued the report and recommendation on April 28, 2020, recommending against emergency relief, because Sherburne County Jail had implemented policies to deal with the spread of COVID-19 despite the fact there had been no reported cases there. Judge Wright wrote that this cast doubt on the imminence of danger to the petitioners and reduced the likelihood that they would succeed on the merits of their claim, which she noted would be adjudicated under a “deliberate indifference” standard according to Eight Circuit precedent. Judge Wright also opined the public interest in enforcing U.S. immigration laws weighed against the petitioners.

Judge Nancy Brasel of the US District Court for the District of Minnesota agreed with the Report and Recommendation on May 27, 2020. Judge Brasel added that the District Court for the District of Minnesota lacked jurisdiction to challenge discretionary detention decisions of Immigration Judges (see 8 U.S.C. §§ 1226(a), 1226(e), 1252(a)(2)(B)(ii)). However, Judge Brasel rejected the government’s claim that the writ of habeas corpus did not apply to this situation, noting that the core of Plaintiffs’ claims was that their continued detention itself was unconstitutional.

On August 20, 2020, petitioners—again without counsel because the appointment of counsel was for the district court only—appealed the order adopting the report and recommendation to the Eighth Circuit Court of Appeals; in November, they sought expedited review. On December 22, 2020, the Eighth Circuit summarily affirmed the lower court decision in an unpublished opinion and denied the motion for expedited appeal as moot (2020 WL 8618021). Mail sent from the Eighth Circuit to the petitioners in December was returned in January and February as being undeliverable – the reason being that petitioners had been deported by ICE in the interim. While technically the appeal was only on the denial of emergency relief, in light of the fact that the petitioners have been deported and that the courts found no likelihood of success on the merits, the case is closed.

Summary Authors

John Duffield (6/22/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17014849/parties/siddiqui-v-immigration-and-customs-enforcement/


Documents in the Clearinghouse

Documents in this case

0:20-cv-00793

Docket [PACER]

Feb. 22, 2021

Feb. 22, 2021

Docket
94

0:20-cv-00793

Report and Recommendation

Mohammed S. v. Tritten

April 28, 2020

April 28, 2020

Magistrate Report/Recommendation

2020 WL 2750836

126

0:20-cv-00793

Amended Order Accepting Report and Recommendation

Mohammed S v. Tritten

May 27, 2020

May 27, 2020

Order/Opinion

2020 WL 2750109

149

0:20-cv-00793

Order Accepting Report and Recommendation

Mohammed S v. Tritten

Aug. 11, 2020

Aug. 11, 2020

Order/Opinion

2020 WL 4593889

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17014849/siddiqui-v-immigration-and-customs-enforcement/

Last updated April 11, 2026, 5:07 a.m.

ECF Number Date Description Link
1 March 24, 2020

PETITION for Writ of Habeas Corpus filed by M. Siddiqui. Case assigned to Judge Nancy E. Brasel per 3rd/4th Prisoner list, referred to Magistrate Judge Elizabeth Cowan Wright. (Attachments: # 1 Letter re Correspondence Address, # 2 Attachment to Letter, # 3 Exhibits (List of Detainees), # 4 Envelope) (kt) DOCUMENT QC'd by LJG on 3/25/2020. (Entered: 03/25/2020)

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2 March 26, 2020

ORDER/NOTICE TO ATTORNEY. 1.Each respondent is directed to file an answer to the petition for a writ of habeas corpus of the petitioners by no later than April 9, 2020, showing cause why the writ should not be granted in this case. 2.Respondents answers should include:a.Such affidavits and exhibits as are needed to establish the lawfulness of petitioners continued incarceration, in light of the issues raised in the petition; b.A reasoned memorandum of law and fact fully stating respondents legal position on petitioners claims, particularly in light of the COVID-19 pandemic; andc.Respondents recommendation on whether an evidentiary hearing should be conducted in this matter.3.If the petitioners intend to file a reply to respondents answers, they must do so by no later than April 16, 2020. Thereafter, no further submissions from either party will be permitted, except as authorized by Court order.4.Petitioners are directed to submit the $5.00 filing fee for this matter or individual applications to proceed in forma pauperis within 14 days of the date of this order. See 28 U.S.C. ยง 1915(a).5.Counsel is hereby appointed pursuant to 18 U.S.C. ยง 3006A to represent petitioners in preparing a reply memorandum addressing the legal issues arising from the COVID-19 pandemic. At least one petitioner must submit documentation (such as an application to proceed in forma pauperis) demonstrating his financial eligibility for appointment of counsel within 14 days of the date of this Order. Signed by Magistrate Judge Elizabeth Cowan Wright on 3/26/2020. (TMA) (Entered: 03/26/2020)

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3 March 26, 2020

NOTICE of Appearance by David W Fuller on behalf of Immigration and Customs Enforcement. (Fuller, David) (Entered: 03/26/2020)

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4 March 26, 2020

NOTICE of Appearance by Liles Harvey Repp on behalf of Immigration and Customs Enforcement. (Repp, Liles) (Entered: 03/26/2020)

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5 March 26, 2020

CERTIFICATE OF SERVICE by Immigration and Customs Enforcement re 4 Notice of Appearance, 3 Notice of Appearance (Repp, Liles) (Entered: 03/26/2020)

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6 March 27, 2020

(Text-Only) ORDER: The Court issued an Order on March 26, 2020 setting a briefing schedule in this matterand adding Joel Brott, Sherburne County Sheriff, as a Respondent. (Dkt. 2.) The Clerk of Court is directed to add Joel Brott and the Sherburne County Attorneys Office to the case caption on CM/ECF and regenerate the NEF for Docket No. 2 after the caption is updated. Ordered by Magistrate Judge Elizabeth Cowan Wright on 3/27/2020. (TMA) (Entered: 03/27/2020)

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March 27, 2020

Order/Notice to Attorney

7 March 30, 2020

ORDER APPOINTING ATTORNEY. IT IS HEREBY ORDERED THAT: Frederick Goetz, Attorney No. 185425, is hereby appointed pursuant to 18 U.S.C. ยง 3006A to represent petitioners in preparing a reply memorandum addressing the legal issues arising from the COVID-19 pandemic. Signed by Magistrate Judge Elizabeth Cowan Wright on 3/30/2020. (MMG) Modified text on 4/6/2020 (lmb). (Entered: 03/31/2020)

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8 April 2, 2020

LETTER TO MAGISTRATE JUDGE by Immigration and Customs Enforcement . (Attachments: # 1 Attachment to letter)(Fuller, David) (Entered: 04/02/2020)

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9 April 2, 2020

ORDER OF REASSIGNMENT OF RELATED CASES that 20-cv-857 PJS/DTS has been reassigned to Judge Nancy E. Brasel and Magistrate Judge Elizabeth Cowan Wright. Signed by Judge Patrick J. Schiltz and Judge Nancy E. Brasel on 4/2/2020. (CLK) (Entered: 04/02/2020)

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10 April 2, 2020

ORDER APPOINTING CO-COUNSEL. IT IS HEREBY ORDERED THAT: Beth Louise Lacanne, Attorney No. 0397023, is hereby appointed as co-counsel pursuant to 18 U.S.C. ยง 3006A to represent petitioners in preparing a reply memorandum addressing the legal issues arising from the COVID-19 pandemic. Signed by Magistrate Judge Elizabeth Cowan Wright on 4/2/2020. (CLK) Modified text on 4/6/2020 (lmb). (Entered: 04/02/2020)

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11 April 2, 2020

NOTICE of Appearance by Timothy Sime on behalf of Joel Brott. (Sime, Timothy) (Entered: 04/02/2020)

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12 April 3, 2020

Mail Returned as Undeliverable. Text Only Order (Dkt # 6 ) sent to Angel Oman, Mario Sandiez, Rodrigo Navrid, Imagcelo Ramirez, Danny Sonteliz, Josi Marilan, Riger Adus, Firua Ibarra Amador, Lusnif Nunez Vilanef at Sherburne County Jail, 13880 Business Center Dr., Elk River, MN 55330, has been returned as "Return to Sender, Not In Custody". (lmb) Modified text on 4/6/2020 (lmb). Document QC'd on 5/12/2020 (MMG). (Entered: 04/06/2020)

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April 3, 2020

Mail Returned as Undeliverable. Order 6 not re-sent to Lusnif Nunez Vilanef. Envelope states: Return to sender, not in custody. Address unknown.(CLK)

13 April 6, 2020

LETTER TO MAGISTRATE JUDGE by Joel Brott requesting clarification of March 26, 2020 Order. (Sime, Timothy) (Entered: 04/06/2020)

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14 April 6, 2020

(Text-Only) ORDER in Response to 13 Letter to Magistrate Judge.This case is before the Court on Respondent Joel Brotts unopposed request that he be permitted to limit his response to the facts relating to the condition of the jail and the steps taken by the jail in response to the COVID-19 pandemic, and relieve him of any obligation to identify the lawfulness of Petitioners continued detention under federal law (Dkt. 13). The request is GRANTED. Ordered by Magistrate Judge Elizabeth Cowan Wright on 4/6/2020. (TMA) (Entered: 04/06/2020)

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15 April 6, 2020

DOCUMENT FILED IN ERROR-WILL REFILE. AMENDED PETITION against Joel Brott, Immigration and Customs Enforcement. filed by Boucka Mbindjou, Yaasiin Ishaaq, Abdirahman Ahmed, Angel Oman, Jose Guaman Chimborazo, Pedro Cuchil Motom, Ever F. Hernandez, Saidi Obara, Benito Juarez, M. Siddiqui, Fernando Ulbano Mormo, Alexis Gomez-Galera, Abdinajib Warsame, Jose Moreno, Oscsar Rojas-Martinez, Fredi Emmanuel Jiminez M., Rodolfo Martinez Caryayoa, Josi Marilan, Sergio Gallego, Jorge Vallecino, Bernardo Guerrero Jensen, Gregorio Montejo Garcia, Firua Ibarra Amador, Samatar A Nasir, Danny Sonteliz, Samuel Larios Jose, Ignacio Garcia-Mara, Mohamed Mohamed, Isa Kabala, Pavh Day, Jose Sanchez Reyes, Abdihajir Sigar, Sonvour Victor, Mario Sandiez, Leonal Gutierrez Ajqui, Zacarias Maroquin William, David Sharif Daud, Kwafi Ampofo, Omar A. Castro, Lusnif Nunez Vilanef, Pineda-Mendoza, Zakari Latif, Jeremiah J Nimaly, Inemo S. Clement, Rodrigo Navrid, Hillary Kirni, Balde Mamadou B, Edmond Lewis, Angel Reyes, Cordoba Hector Ivar, Blama J Koilor, Riger Adus, Oscar A Fuentes Cara, Fairo E Navarro Garcia, Jose Eloy Comacho B, Adrian Romero Valdivia, Nfotobong Marcel, Ilyas Jama, Rudra Newfame, Edwin Sanchez, Imagcelo Ramirez, Diego Lear Ciprian. Filer requests summons issued. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D, # 5 Exhibit(s) Exhibit E, # 6 Exhibit(s) Exhibit F) (Goetz, Frederick) Modified text on 4/7/2020 (MKB). (Entered: 04/06/2020)

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16 April 6, 2020

MOTION to Appoint Counsel, MOTION to Proceed in Forma Pauperis filed by Riger Adus, Abdirahman Ahmed, Leonal Gutierrez Ajqui, Firua Ibarra Amador, Kwafi Ampofo, Oscar A Fuentes Cara, Rodolfo Martinez Caryayoa, Omar A. Castro, Jose Guaman Chimborazo, Diego Lear Ciprian, Inemo S. Clement, Jose Eloy Comacho B, David Sharif Daud, Pavh Day, Sergio Gallego, Fairo E Navarro Garcia, Gregorio Montejo Garcia, Ignacio Garcia-Mara, Alexis Gomez-Galera, Ever F. Hernandez, Yaasiin Ishaaq, Cordoba Hector Ivar, Ilyas Jama, Bernardo Guerrero Jensen, Fredi Emmanuel Jiminez M., Samuel Larios Jose, Benito Juarez, Isa Kabala, Hillary Kirni, Blama J Koilor, Zakari Latif, Edmond Lewis, Balde Mamadou B, Nfotobong Marcel, Josi Marilan, Boucka Mbindjou, Mohamed Mohamed, Jose Moreno, Fernando Ulbano Mormo, Pedro Cuchil Motom, Samatar A Nasir, Rodrigo Navrid, Rudra Newfame, Jeremiah J Nimaly, Saidi Obara, Angel Oman, Pineda-Mendoza, Imagcelo Ramirez, Angel Reyes, Jose Sanchez Reyes, Oscsar Rojas-Martinez, Edwin Sanchez, Mario Sandiez, M. Siddiqui, Abdihajir Sigar, Danny Sonteliz, Adrian Romero Valdivia, Jorge Vallecino, Sonvour Victor, Lusnif Nunez Vilanef, Abdinajib Warsame, Zacarias Maroquin William. (Attachments: # 1 Envelope)(lmb) Document QC'd on 5/13/2020 (MMG). (Entered: 04/07/2020)

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17 April 6, 2020

MOTION for Urgent Release of Most Vulnerable Detainees - Compassionate Release filed by Riger Adus, Abdirahman Ahmed, Leonal Gutierrez Ajqui, Firua Ibarra Amador, Kwafi Ampofo, Oscar A Fuentes Cara, Rodolfo Martinez Caryayoa, Omar A. Castro, Jose Guaman Chimborazo, Diego Lear Ciprian, Inemo S. Clement, Jose Eloy Comacho B, David Sharif Daud, Pavh Day, Sergio Gallego, Fairo E Navarro Garcia, Gregorio Montejo Garcia, Ignacio Garcia-Mara, Alexis Gomez-Galera, Ever F. Hernandez, Yaasiin Ishaaq, Cordoba Hector Ivar, Ilyas Jama, Bernardo Guerrero Jensen, Fredi Emmanuel Jiminez M., Samuel Larios Jose, Benito Juarez, Isa Kabala, Hillary Kirni, Blama J Koilor, Zakari Latif, Edmond Lewis, Balde Mamadou B, Nfotobong Marcel, Josi Marilan, Boucka Mbindjou, Mohamed Mohamed, Jose Moreno, Fernando Ulbano Mormo, Pedro Cuchil Motom, Samatar A Nasir, Rodrigo Navrid, Rudra Newfame, Jeremiah J Nimaly, Saidi Obara, Angel Oman, Pineda-Mendoza, Imagcelo Ramirez, Angel Reyes, Jose Sanchez Reyes, Oscsar Rojas-Martinez, Edwin Sanchez, Mario Sandiez, M. Siddiqui, Abdihajir Sigar, Danny Sonteliz, Adrian Romero Valdivia, Jorge Vallecino, Sonvour Victor, Lusnif Nunez Vilanef, Abdinajib Warsame, Zacarias Maroquin William. (lmb) Document QC'd on 5/13/2020 (MMG). (Entered: 04/07/2020)

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18 April 6, 2020

MOTION to Alter/Amend/Supplement Pleadings re 1 PETITION for Writ of Habeas Corpus: Add my name to the list that is submitted to the court filed by Mohammed A.S. Hasan Karamah. (lmb) Document QC'd on 5/13/2020 (MMG). (Entered: 04/07/2020)

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22 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Fernando Ulbano Mormo as address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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23 April 6, 2020

Mail Returned as Undeliverable. Mail 7 not resent to Jose Guaman Chimborazo as address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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24 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Rodrigo Navrid as address is "Vacant. Unable to Forward." (kt) (Entered: 04/08/2020)

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25 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Lusnif Nunez Vilanef as address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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26 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Josi Marilan as address is Vacant. Unable to forward. (kt) (Entered: 04/08/2020)

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27 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Edwin Sanchez as address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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28 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Angel Oman as address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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29 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Zakari Latif as address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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30 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Jose Eloy Comacho as address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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31 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Danny Sonteliz as address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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32 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Imagcelo Ramirez as address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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33 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Fairo E Navarro Garcia as address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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34 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Jose Sanchez Reyes as address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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35 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Firua Ibarra Amador as address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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36 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Fredi Emmanuel Jiminez as address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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37 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to David Sharif Daudas address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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38 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Bernardo Guerrero Jensen as address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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39 April 6, 2020

Mail Returned as Undeliverable. Mail 7 ORDER not resent to Isa Kabala as address is Vacant. Unable to Forward. (kt) (Entered: 04/08/2020)

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April 6, 2020

Order in Response to Letter/Request/E-mail

19 April 7, 2020

AMENDED PETITION against Joel Brott, Immigration and Customs Enforcement. filed by Boucka Mbindjou, Yaasiin Ishaaq, Angel Oman, Jose Guaman Chimborazo, Pedro Cuchil Motom, Ever F. Hernandez, Fernando Ulbano Mormo, Abdinajib Warsame, Jose Moreno, Oscsar Rojas-Martinez, Fredi Emmanuel Jiminez M., Sergio Gallego, Jorge Vallecino, Gregorio Montejo Garcia, Samuel Larios Jose, Ignacio Garcia-Mara, Mohamed Mohamed, Isa Kabala, Jose Sanchez Reyes, Zacarias Maroquin William, David Sharif Daud, Omar A. Castro, Pineda-Mendoza, Rodrigo Navrid, Hillary Kirni, Edmond Lewis, Cordoba Hector Ivar, Oscar A Fuentes Cara, Jose Eloy Comacho B, Nfotobong Marcel, Ilyas Jama, Rudra Newfame, Edwin Sanchez, Diego Lear Ciprian, Abdirahman Ahmed, Benito Juarez, Saidi Obara, M. Siddiqui, Alexis Gomez-Galera, Rodolfo Martinez Caryayoa, Josi Marilan, Bernardo Guerrero Jensen, Firua Ibarra Amador, Samatar A Nasir, Danny Sonteliz, Pavh Day, Abdihajir Sigar, Sonvour Victor, Leonal Gutierrez Ajqui, Mario Sandiez, Kwafi Ampofo, Zakari Latif, Lusnif Nunez Vilanef, Inemo S. Clement, Jeremiah J Nimaly, Balde Mamadou B, Blama J Koilor, Angel Reyes, Riger Adus, Fairo E Navarro Garcia, Adrian Romero Valdivia, Imagcelo Ramirez. Filer requests summons issued. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D, # 5 Exhibit(s) Exhibit E, # 6 Exhibit(s) Exhibit F) (Goetz, Frederick) (Entered: 04/07/2020)

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20 April 8, 2020

ENTRY ENTERED IN ERROR - Amended Summons Issued as to Joel Brott, Immigration and Customs Enforcement. (KNK) Modified text on 4/8/2020 (KNK). Modified text on 4/8/2020 (KNK). (Entered: 04/08/2020)

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21 April 8, 2020

Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: finding as moot 17 Motion ; finding as moot 18 Motion to Alter/Amend/Supplement Pleadings; Telephone Conference held on 4/8/2020. For the reasons stated during the call, IT IS ORDERED THAT (1) Petitioners shall file their anticipated TRO motion on or before April 10, 2020; (2) Respondents shall file their response to the Amended Petition (Dkt. 19) and the TRO on or before April 14, 2020; (3) Petitioners shall file any reply on or before April 16, 2020; (4) the Pro Se filings at Dkts. 1, 17, and 18 are moot in view of the appointment of counsel, and Respondents need not reply to Dkts. 1, 17, and 18; and (5) the April 9, 2020 deadline for Respondents to reply to the initial pro se Petition (Dkt. 1) is vacated in view of the mootness of the initial Petition. (TMA) (Entered: 04/08/2020)

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40 April 8, 2020

Application to Proceed in District Court without Prepaying Fees or Costs filed by Ever E. Hernandez. (Attachments: # 1 Cover Letter, # 2 Envelope)(lmb) Document QC'd on 4/29/2020 (MMG). (Entered: 04/08/2020)

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41 April 9, 2020

LETTER TO MAGISTRATE JUDGE by Fairo E. Navarro Garcia, Riger Adus, Abdirahman Ahmed, Leonal Gutierrez Ajqui, Firua Ibarra Amador, Kwafi Ampofo, Yaasiin Aweis-Isxaaq, Oscar A. Fuentes Cara, Rodolfo Martinez Caryayoa, Omar A. Castro, Jose Guaman Chimboraz, Diego Lear Ciprian, Inemo Clement, Jose Eloy Comacho B, Daud Sharif Daud, Pavh Day, Sergio Gallego, Gregorio Montoya Garcia, Ignacio Garcia-Mara, Alexis Gomez-Galera, Ever E. Hernandez, Cordoba Hector Ivar, Ilyas Jama, Bernardo Guerrero Jensen, Fredi Emmanuel Jiminez, Samuel Larios Jose, Benito Juarez-Ferrer, Isa Kabala, Mohammed A.S. Hasan Karamah, Hillary Kirn, Blama Koilor, Zakari Latif, Edmond Lewis, Balde Mamadou, Nfotobong Marcel, Josi Marilan, Boucka Mbindijou, Mohamed Mohamed, Jose Moreno, Fernando Ulbano Mormo, Pedro Chuchil Motom, Samatar A. Nasir, Rodrigo Navrid, Rudra Newfame, Marcel Nfotabong, Jeremiah J. Nimaly, Saidi Obara, Angel Oman, Amged Omran, Pineda-Mendoza, Jose Pineda-Mendoza, Elder Ezequiel Giron Ramirez, Angel Reyes, Jose Sanchez Reyes, Oscar Rojas-Martinez, Emad Al Rousan, Edwin Sanchez, Mario Sandiez, Mohammed Siddiqui, Abdihaijur Sigar, Danny Sonteliz, Adrian Romero Valdivia, Jorge Vallecino, Sauveur Victor, Lusnif Nunez Vilanef, Abdinajib Warsame, Zacarias William, Fernando Cruz Zeferino . (Goetz, Frederick) (Entered: 04/09/2020)

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42 April 10, 2020

(Text-Only) ORDER in Response to 41 Letter to Magistrate Judge, Petitioners have filed a request for permission to exceed the word or line limits of LR 7.1(f)(1)(A) for their memorandum of law in support of their motion for TRO or preliminary injunction. (Dkt. 41.) The request is GRANTED. Respondents may make a request for a corresponding increase in the limits once the opening brief is filed and they have determined if an increase is needed. SO ORDERED. Ordered by Magistrate Judge Elizabeth Cowan Wright on 4/10/2020. (TMA) (Entered: 04/10/2020)

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43 April 10, 2020

MOTION for Temporary Restraining Order or, MOTION for Preliminary Injunction filed by Fairo E. Navarro Garcia, Riger Adus, Abdirahman Ahmed, Leonal Gutierrez Ajqui, Firua Ibarra Amador, Kwafi Ampofo, Yaasiin Aweis-Isxaaq, Oscar A. Fuentes Cara, Rodolfo Martinez Caryayoa, Omar A. Castro, Jose Guaman Chimboraz, Diego Lear Ciprian, Inemo Clement, Jose Eloy Comacho B, Daud Sharif Daud, Pavh Day, Sergio Gallego, Gregorio Montoya Garcia, Ignacio Garcia-Mara, Alexis Gomez-Galera, Ever E. Hernandez, Cordoba Hector Ivar, Ilyas Jama, Bernardo Guerrero Jensen, Fredi Emmanuel Jiminez, Samuel Larios Jose, Benito Juarez-Ferrer, Isa Kabala, Mohammed A.S. Hasan Karamah, Hillary Kirn, Blama Koilor, Zakari Latif, Edmond Lewis, Balde Mamadou, Nfotobong Marcel, Josi Marilan, Boucka Mbindijou, Mohamed Mohamed, Jose Moreno, Fernando Ulbano Mormo, Pedro Chuchil Motom, Samatar A. Nasir, Rodrigo Navrid, Rudra Newfame, Marcel Nfotabong, Jeremiah J. Nimaly, Saidi Obara, Angel Oman, Amged Omran, Pineda-Mendoza, Jose Pineda-Mendoza, Elder Ezequiel Giron Ramirez, Angel Reyes, Jose Sanchez Reyes, Oscar Rojas-Martinez, Emad Al Rousan, Edwin Sanchez, Mario Sandiez, Mohammed Siddiqui, Abdihaijur Sigar, Danny Sonteliz, Adrian Romero Valdivia, Jorge Vallecino, Sauveur Victor, Lusnif Nunez Vilanef, Abdinajib Warsame, Zacarias William, Fernando Cruz Zeferino. (Goetz, Frederick) (Entered: 04/10/2020)

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44 April 10, 2020

NOTICE OF HEARING ON MOTION 43 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction : Motion Hearing set for 4/21/2020 at 02:00 PM in Video Conference (no courtroom) before Magistrate Judge Elizabeth Cowan Wright. (Goetz, Frederick) (Entered: 04/10/2020)

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45 April 10, 2020

MEMORANDUM in Support re 43 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction . (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Goetz, Frederick) (Entered: 04/10/2020)

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46 April 10, 2020

AFFIDAVIT in Support re 45 Memorandum in Support of Motion FOR TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s), # 12 Exhibit(s), # 13 Exhibit(s), # 14 Exhibit(s), # 15 Exhibit(s), # 16 Exhibit(s), # 17 Exhibit(s), # 18 Exhibit(s), # 19 Exhibit(s))(Goetz, Frederick) (Entered: 04/10/2020)

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47 April 10, 2020

PROPOSED ORDER TO JUDGE re 43 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction .(Goetz, Frederick) (Entered: 04/10/2020)

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109 April 10, 2020

Mail Returned as Undeliverable 9 . Mail not re-sent to Fairo E. Navarro Garcia as envelope states "Return to Sender-Not in Custody". (MMG) Document QC'd on 5/12/2020 (MMG). (Entered: 05/12/2020)

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110 April 10, 2020

Mail Returned as Undeliverable 9 . Mail not re-sent to Fernando Cruz Zeferino as envelope states "Return to Sender-Not in Custody". (MMG) Document QC'd on 5/12/2020 (MMG). (Entered: 05/12/2020)

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111 April 10, 2020

Mail Returned as Undeliverable 9 . Mail not re-sent to Josi Marilan as envelope states "Return to Sender-Not in Custody". (MMG) Modified text on 5/12/2020 (MMG). Document QC'd on 5/12/2020 (MMG). (Entered: 05/12/2020)

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112 April 10, 2020

Mail Returned as Undeliverable 9 . Mail not re-sent to Jeremiah J. Nimaly as envelope states "Return to Sender-Not in Custody". (MMG) Document QC'd on 5/12/2020 (MMG). (Entered: 05/12/2020)

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113 April 10, 2020

Mail Returned as Undeliverable 9 . Mail not re-sent to Jose Sanchez Reyes as envelope states "Return to Sender-Not in Custody". (MMG) Document QC'd on 5/12/2020 (MMG). (Entered: 05/12/2020)

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114 April 10, 2020

Mail Returned as Undeliverable 9 . Mail not re-sent to Fredi Emmanuel Jiminez as envelope states "Return to Sender-Not in Custody". (MMG) Document QC'd on 5/12/2020 (MMG). (Entered: 05/12/2020)

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115 April 10, 2020

Mail Returned as Undeliverable 9 . Mail not re-sent to Bernardo Guerrero Jensen as envelope states "Return to Sender-Not in Custody". (MMG) Document QC'd on 5/12/2020 (MMG). (Entered: 05/12/2020)

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116 April 10, 2020

Mail Returned as Undeliverable 9 . Mail not re-sent to Imagcelo Ramirez as envelope states "Return to Sender-Not in Custody". (MMG) Document QC'd on 5/12/2020 (MMG). (Entered: 05/12/2020)

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117 April 10, 2020

Mail Returned as Undeliverable 9 . Mail not re-sent to Isa Kabala as envelope states "Return to Sender-Not in Custody". (MMG) Document QC'd on 5/12/2020 (MMG). (Entered: 05/12/2020)

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118 April 10, 2020

Mail Returned as Undeliverable 9 . Mail not re-sent to Lusnif Nunez Vilanef as envelope states "Return to Sender-Not in Custody". (MMG) Document QC'd on 5/12/2020 (MMG). (Entered: 05/12/2020)

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119 April 10, 2020

Mail Returned as Undeliverable 9 . Mail not re-sent to Firua Ibarra Amador as envelope states "Return to Sender-Not in Custody". (MMG) Document QC'd on 5/12/2020 (MMG). (Entered: 05/12/2020)

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120 April 10, 2020

Mail Returned as Undeliverable 9 . Mail not re-sent to Angel Oman as envelope states "Return to Sender-Not in Custody". (MMG) Document QC'd on 5/12/2020 (MMG). (Entered: 05/12/2020)

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121 April 10, 2020

Mail Returned as Undeliverable 9 . Mail not re-sent to Edwin Sanchez as envelope states "Return to Sender-Not in Custody". (MMG) Document QC'd on 5/12/2020 (MMG). (Entered: 05/12/2020)

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122 April 10, 2020

Mail Returned as Undeliverable 9 . Mail not re-sent to Rodrigo Navrid as envelope states "Return to Sender-Not in Custody". (MMG) Document QC'd on 5/12/2020 (MMG). (Entered: 05/12/2020)

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123 April 10, 2020

Mail Returned as Undeliverable 9 . Mail not re-sent to Jose Guaman Chimboraz as envelope states "Return to Sender-Not in Custody". (MMG) Document QC'd on 5/12/2020 (MMG). (Entered: 05/12/2020)

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April 10, 2020

Order in Response to Letter/Request/E-mail

48 April 13, 2020

ORDER OF REASSIGNMENT OF RELATED CASES that 20-cv-913 PJS/LIB has been reassigned to Judge Nancy E. Brasel and Magistrate Judge Elizabeth Cowan Wright. Signed by Judge Patrick J. Schiltz and Judge Nancy E. Brasel on 4/13/2020. (CLK) (Entered: 04/13/2020)

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April 13, 2020

Mail Returned as Undeliverable. Order 9 not re-sent to Jose Eloy Comancho B. Envelope marked "Return to sender - not in custody."(CLK) Document QC'd on 4/20/2020 (CLK).

49 April 14, 2020

(Text-Only) ORDER/NOTICE: This case is before the Court on an emailed request by the Respondent for a one-day extension of the briefing schedule. Petitioners counsel does not object. The request is GRANTED. Respondents briefs shall be due on Wednesday, April 15, 2020 and Petitioners reply shall be due on Friday, April 17. SO ORDERED. Ordered by Magistrate Judge Elizabeth Cowan Wright on 4/20/2020. (TMA) (Entered: 04/14/2020)

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April 14, 2020

Order/Notice of Hearing/Deadlines (Setting/Resetting)

April 14, 2020

Mail Returned as Undeliverable. Order 9 not re-sent to Danny Sonteliz. Envelope marked "Return to sender. Not in custody." Address unknown.(CLK)

50 April 15, 2020

STIPULATION Regarding Amicus Brief of the Advocates for Human Rights by The Advocates for Human Rights. Jointly Signed by Petitioners-Plaintiffs, Federal Respondent Immigrations and Customs Enforcement, and County Respondent Joel Brott. (Levish, Ellen) (Entered: 04/15/2020)

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51 April 15, 2020

PROPOSED ORDER TO JUDGE re 50 Stipulation,. (Levish, Ellen) (Entered: 04/15/2020)

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52 April 15, 2020

RESPONSE re 19 Amended Petition (in a Civil Case) 43 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction filed by Joel Brott.(Sime, Timothy) Modified text on 4/16/2020 (KNK). (Entered: 04/15/2020)

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53 April 15, 2020

AFFIDAVIT of Brian Frank in OPPOSITION TO 43 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction filed by Joel Brott. (Attachments: # 1 Exhibit(s))(Sime, Timothy) (Entered: 04/15/2020)

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54 April 15, 2020

AFFIDAVIT of Joel Brott in OPPOSITION TO 43 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction filed by Joel Brott.(Sime, Timothy) (Entered: 04/15/2020)

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55 April 15, 2020

AFFIDAVIT of Tim Sime in OPPOSITION TO 43 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction filed by Joel Brott. (Attachments: # 1 Exhibit(s))(Sime, Timothy) (Entered: 04/15/2020)

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56 April 15, 2020

LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Joel Brott re 52 Response filed by Joel Brott.(Sime, Timothy) (Entered: 04/15/2020)

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57 April 15, 2020

ORDER on 50 Stipulation. Signed by Magistrate Judge Elizabeth Cowan Wright on 4/15/2020. (TMA) Modified text on 4/16/2020 (KNK). (Entered: 04/15/2020)

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58 April 15, 2020

RESPONSE re 1 Petition for Writ of Habeas Corpus, 43 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction filed by Immigration and Customs Enforcement. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Fuller, David) (Entered: 04/15/2020)

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59 April 15, 2020

DECLARATION of Jeffrey L. Field re 58 Response, by Immigration and Customs Enforcement . (Attachments: # 1 Exhibit A)(Fuller, David) (Entered: 04/15/2020)

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60 April 15, 2020

SEALED EXHIBIT Exhibit B to Declaration of Jeffrey L. Field re 59 Declaration by Immigration and Customs Enforcement. (Fuller, David) (Entered: 04/15/2020)

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61 April 15, 2020

Redacted Document for 60 Sealed Exhibit B to the Declaration of Jeffrey L. Field . (Fuller, David) (Entered: 04/15/2020)

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62 April 16, 2020

SEALED LETTERS to Magistrate Judge. (kt) Modified text on 4/16/2020 (kt). (Entered: 04/16/2020)

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63 April 16, 2020

SEALED LETTERS to Magistrate Judge. (kt) Modified text on 4/16/2020 (kt). (Entered: 04/16/2020)

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64 April 16, 2020

SEALED LETTERS to Magistrate Judge. (kt) Modified text on 4/16/2020 (kt). (Entered: 04/16/2020)

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65 April 16, 2020

BRIEF re 43 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction by Amicus Curiae filed by The Advocates for Human Rights.(Manske, William) (Entered: 04/16/2020)

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67 April 16, 2020

NOTICE/Complementary Documents for the Affidavit by Marcel Nfotabong (Attachments: # 1 Exhibit-Police Report, # 2 Exhibit-Written Decision, # 3 Exhibit-Proof of Appeal, # 4 Envelope)(CLK) DOCUMENT QC'D BY LJG on 4/20/2020 (LJG). (Entered: 04/17/2020)

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66 April 17, 2020

(Text-Only) NOTICE: Remote Public Access to Motion Hearing on 4/21/2020 at 2:00 PM. If any member of the press or public would like to attend the telephonic April 21, 2020 hearing, they should email magistrate_wright_chambers@mnd.uscourts.gov to make appropriate arrangements. Pursuant to General Order Number 6, issued by Chief Judge John R. Tunheim on March 31, 2020, "Members of the public and media are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion." Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. SO ORDERED. (TMA) (Entered: 04/17/2020)

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68 April 17, 2020

REPLY re 58 Response, 52 Response Petitioners' Reply to Respondents' Responses to Amended Habeas Petition and Motion for Temporary Restraining Order.(Goetz, Frederick) (Entered: 04/17/2020)

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69 April 17, 2020

Second AFFIDAVIT of Frederick J. Goetz in SUPPORT OF 43 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Exhibit(s) Exhibit 2, # 3 Exhibit(s) Exhibit 3, # 4 Exhibit(s) Exhibit 4, # 5 Exhibit(s) Exhibit 5, # 6 Exhibit(s) Exhibit 6)(Goetz, Frederick) (Entered: 04/17/2020)

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70 April 17, 2020

SEALED Third AFFIDAVIT of Frederick J. Goetz in SUPPORT OF 43 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction filed by Petitioners-Plaintiffs. (Attachments: # 1 Exhibit(s) Sealed Exhibit 1, # 2 Exhibit(s) Sealed Exhibit 2)(Goetz, Frederick) (Entered: 04/17/2020)

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71 April 17, 2020

STATEMENT INSTEAD OF REDACTED DOCUMENT: Impracticable to Redact for 70 Sealed Document(s) - 70 Sealed Affidavit in Support and [70-1] Sealed Exhibit 1, [70-2] Sealed Exhibit 2, .(Goetz, Frederick) (Entered: 04/17/2020)

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72 April 20, 2020

RESPONSE re 65 Brief filed by Immigration and Customs Enforcement. (Attachments: # 1DOCUMENT FILED IN ERROR. LR7.1/LR72.2 Word Count Compliance Certificate)(Repp, Liles) Modified text on 4/20/2020 (CLK). (Entered: 04/20/2020)

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73 April 20, 2020

LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Immigration and Customs Enforcement re 72 Response filed by Immigration and Customs Enforcement.(Repp, Liles) (Entered: 04/20/2020)

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74 April 21, 2020

Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Motion Hearing held on 4/21/2020 re 43 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction filed by Pineda-Mendoza, Oscar A. Fuentes Cara, Rodolfo Martinez Caryayoa, Jose Eloy Comacho B, Adrian Romero Valdivia, Pedro Chuchil Motom, Inemo Clement, Nfotobong Marcel, Saidi Obara, Fredi Emmanuel Jiminez, Josi Marilan, Fernando Ulbano Mormo, Jose Sanchez Reyes, Edwin Sanchez, Angel Oman, Ilyas Jama, Oscar Rojas-Martinez, Sauveur Victor, Mohammed A.S. Hasan Karamah, Jose Pineda-Mendoza, Jorge Vallecino, Abdihaijur Sigar, Yaasiin Aweis-Isxaaq, Samuel Larios Jose, Abdinajib Warsame, Isa Kabala, Cordoba Hector Ivar, Hillary Kirn, Benito Juarez-Ferrer, Daud Sharif Daud, Angel Reyes, Pavh Day, Jeremiah J. Nimaly, Lusnif Nunez Vilanef, Blama Koilor, Bernardo Guerrero Jensen, Mohamed Mohamed, Alexis Gomez-Galera, Jose Guaman Chimboraz, Ignacio Garcia-Mara, Fairo E. Navarro Garcia, Abdirahman Ahmed, Rodrigo Navrid, Marcel Nfotabong, Danny Sonteliz, Edmond Lewis, Zacarias William, Elder Ezequiel Giron Ramirez, Riger Adus, Mario Sandiez, Balde Mamadou, Gregorio Montoya Garcia, Kwafi Ampofo, Amged Omran, Boucka Mbindijou, Jose Moreno, Fernando Cruz Zeferino, Zakari Latif, Mohammed Siddiqui, Firua Ibarra Amador, Omar A. Castro, Emad Al Rousan, Samatar A. Nasir, Rudra Newfame, Ever E. Hernandez, Sergio Gallego, Diego Lear Ciprian, Leonal Gutierrez Ajqui. (Court Reporter Lori Simpson) (TMA) (Entered: 04/22/2020)

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75 April 22, 2020

LETTER TO MAGISTRATE JUDGE by Immigration and Customs Enforcement . (Fuller, David) (Entered: 04/22/2020)

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76 April 23, 2020

AFFIDAVIT of Brian Frank in OPPOSITION TO 43 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction filed by Joel Brott.(Sime, Timothy) (Entered: 04/23/2020)

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77 April 23, 2020

SEALED EXHIBIT Exhibit 1 to Affidavit of Brian Frank re 76 Affidavit in Opposition to Motion filed by Joel Brott.(Sime, Timothy) (Entered: 04/23/2020)

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78 April 23, 2020

Redacted Document for 77 Sealed Exhibit 1 to Affidavit of Brian Frank filed by Joel Brott.(Sime, Timothy) (Entered: 04/23/2020)

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Case Details

State / Territory:

Minnesota

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: March 24, 2020

Closing Date: Dec. 22, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Sixty-eight immigration detainees held by Immigration and Customs Enforcement (ICE) in the Sherburne County Jail (Elk River, MN). All plaintiffs claimed to fall into one of two groups: those at high risk of severe illness or death if they contracted COVID-19 and those who were generally at risk from COVID-19.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

US Immigration and Customs Enforcement

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Other Dockets:

District of Minnesota 0:20-cv-00793

Special Case Type(s):

Habeas

Available Documents:

Any published opinion

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Conditions of confinement

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Immigration/Border:

Constitutional rights

Detention - conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Recommended Citation