Case: Doe v. U.S. Immigration and Customs Enforcement

1:23-cv-00971 | U.S. District Court for the District of New Mexico

Filed Date: Nov. 3, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns allegedly inhumane detention conditions at New Mexico's Torrance County Detention Facility (TCDF). Four detained non-US citizens (Plaintiffs), represented by the ACLU of New Mexico and National Immigrant Justice Center, filed a class action suit on November 3, 2023 in the U.S. District Court for the District of New Mexico. The named Defendants included U.S. Immigration and Customs Enforcement (ICE); U.S. Department of Homeland Security (DHS); Alejandro Mayorkas, Secretary of …

This case concerns allegedly inhumane detention conditions at New Mexico's Torrance County Detention Facility (TCDF). Four detained non-US citizens (Plaintiffs), represented by the ACLU of New Mexico and National Immigrant Justice Center, filed a class action suit on November 3, 2023 in the U.S. District Court for the District of New Mexico. The named Defendants included U.S. Immigration and Customs Enforcement (ICE); U.S. Department of Homeland Security (DHS); Alejandro Mayorkas, Secretary of DHS; the Acting Director of DHS; and others in their official capacity.

The plaintiffs claimed in their complaint that in July 2021 TCDF failed its overall performance evaluation, based on, among other things, chronic and severe understaffing, and unsafe and unsanitary living conditions. And that these conditions persisted when the time came for TCDF’s next overall performance evaluation in March 2022 all while TCDF was aware of the conditions. The plaintiffs alleged that ICE certified a sham inspection in 2022 that allowed ICE to evade federal law and continue detaining immigrants at TCDF despite knowledge of ongoing violations of federal detention standards, in strict violation of the Two Strikes Mandate which requires that ICE cancel contracts with any detention facility that fails two consecutive overall performance evaluations.  

The plaintiffs brought this suit under Administrative Procedure Act (“APA”), 5 U.S.C. § 706(2) seeking to certify the class, declaratory judgment, and injunctive relief. The case was assigned to District Judge Matthew L. Garcia.

Along with their complaint, the plaintiffs filed a motion to certify their class on November 3, 2023. They sought certification for all persons currently detained and who would be detained by ICE at TCDF and subject to the allegedly grossly inadequate conditions there. 

On July 30, 2024 the court denied the plaintiffs’ motion for class certification as premature. The court lacked sufficient evidence on the record to rule on the certification motion due to ongoing discovery and the status of the administrative record. The court will permit the plaintiffs to refile a motion for class certification once they have developed sufficient evidence. 

The plaintiffs submitted an amended complaint on October 17, 2024 after some previous plaintiffs voluntarily left the lawsuit. 

As of February 2025, this case is ongoing. 

 

Summary Authors

Calvin Kim (12/15/2023)

Tucker Gribble (3/15/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67962032/parties/doe-v-us-immigration-and-customs-enforcement/


Judge(s)
Attorney for Plaintiff

Acharya, Deepa (New Mexico)

Boutilier, Sasha (New Mexico)

Boutilier, Misha (New Mexico)

Brooks, Max Isak (New Mexico)

Coutifaris, Alison J. (New Mexico)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case
1

1:23-cv-00971

Class Action Complaint

Nov. 3, 2023

Nov. 3, 2023

Complaint
8

1:23-cv-00971

Plaintiffs' Motion for Class Certification

Nov. 3, 2023

Nov. 3, 2023

Pleading / Motion / Brief
75

1:23-cv-00971

Order Denying Plaintiffs’ Motion For Class Certification

July 30, 2024

July 30, 2024

Order/Opinion
83

1:23-cv-00971

Memorandum Opinion and Order Granting Plaintiffs’ Motion for Leave to Proceed Under Pseudonym

Oct. 3, 2024

Oct. 3, 2024

Order/Opinion

2024 WL 4389461

84

1:23-cv-00971

Class Action Complaint

Oct. 17, 2024

Oct. 17, 2024

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67962032/doe-v-us-immigration-and-customs-enforcement/

Last updated April 10, 2026, 4:51 a.m.

ECF Number Date Description Link
1 Nov. 3, 2023

COMPLAINT Class Action against All Defendants ( Filing Fee - Online Payment), filed by Carlos Doe, Luis Doe, Ernesto Doe, Gabriel Doe. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Sheff, Rebecca) Modified on 11/3/2023 (bc). (Entered: 11/03/2023)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

RECAP
2 Nov. 3, 2023

MOTION for Leave to File Proceed Under Pseudonym by Carlos Doe, Luis Doe, Ernesto Doe, Gabriel Doe (Attachments: # 1 Exhibit B) (Sheff, Rebecca) Modified on 11/3/2023 (bc). (Entered: 11/03/2023)

RECAP
3 Nov. 3, 2023

NOTICE by Carlos Doe, Luis Doe, Ernesto Doe, Gabriel Doe re 2 MOTION for Leave to File Proceed Under Pseudonym Filing Exhibit A (Attachments: # 1 Exhibit A) (Sheff, Rebecca) Modified on 11/3/2023 (bc). (Entered: 11/03/2023)

RECAP
4 Nov. 3, 2023

NOTICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe re 1 Complaint, Filing Exhibits 1-8 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Sheff, Rebecca) (Entered: 11/03/2023)

RECAP
5 Nov. 3, 2023

PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) (Entered: 11/03/2023)

RECAP
7 Nov. 3, 2023

PLEASE TAKE NOTICE that this case has been randomly reassigned to United States District Judge Matthew L. Garcia as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Gregory J. Fouratt no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) (Entered: 11/03/2023)

RECAP
8 Nov. 3, 2023

MOTION to Certify Class by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe. (Sheff, Rebecca) (Entered: 11/03/2023)

Clearinghouse
Nov. 3, 2023

United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Jennifer M. Rozzoni assigned. (bc)

Nov. 3, 2023

Filing and Administrative Fees Received: $ 402 receipt number ANMDC-9077441 re 1 Complaint filed by Carlos Doe, Gabriel Doe, Ernesto Doe, Luis Doe (Payment made via Pay.gov)(Sheff, Rebecca)

9 Nov. 7, 2023

ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe by Rebecca Fae Sherman Sheff on behalf of: Misha Boutilier Quinn Emanuel Urquhart & Sullivan, LLP 51 Madison Avenue, 22nd FloorNew York, NY 10010 212-849-7000 mishaboutilier@quinnemanuel.com (Association Dues - Online Payment) (Sheff, Rebecca)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/07/2023)

RECAP
10 Nov. 7, 2023

ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe by Rebecca Fae Sherman Sheff on behalf of: Sasha Boutilier Quinn Emanuel Urquhart & Sullivan, LLP 51 Madison Avenue, 22nd FloorNew York, NY 10010 212-849-7000 sashaboutilier@quinnemanuel.com (Association Dues - Online Payment) (Sheff, Rebecca)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/07/2023)

RECAP
11 Nov. 7, 2023

ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe by Rebecca Fae Sherman Sheff on behalf of: Deepa Acharya Quinn Emanuel Urquhart & Sullivan, LLP 1300 I St. NW, Suite 900Washington, DC 20005 202-538-8000 deepaacharya@quinnemanuel.com (Association Dues - Online Payment) (Sheff, Rebecca)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/07/2023)

RECAP
12 Nov. 7, 2023

NOTICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe of Good Standing (Sheff, Rebecca) (Entered: 11/07/2023)

RECAP
Nov. 7, 2023

Association Dues Received: $ 100 receipt number ANMDC-9082290 re: # 9 Association of Attorney Licensed Outside the District,, filed by Carlos Doe, Gabriel Doe, Ernesto Doe, Luis Doe (Payment made via Pay.gov)(Sheff, Rebecca)

Nov. 7, 2023

Association Dues Received: $ 100 receipt number ANMDC-9082298 re: # 10 Association of Attorney Licensed Outside the District,, filed by Carlos Doe, Gabriel Doe, Ernesto Doe, Luis Doe (Payment made via Pay.gov)(Sheff, Rebecca)

Nov. 7, 2023

Association Dues Received: $ 100 receipt number ANMDC-9082303 re: # 11 Association of Attorney Licensed Outside the District, filed by Carlos Doe, Gabriel Doe, Ernesto Doe, Luis Doe (Payment made via Pay.gov)(Sheff, Rebecca)

Nov. 14, 2023

Summons Issued as to USA

Nov. 14, 2023

Summons Issued as to Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General (dr)

13 Nov. 16, 2023

NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 6. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) (Entered: 11/16/2023)

RECAP
Nov. 16, 2023

Summons Issued as to USA

Nov. 16, 2023

Summons Issued as to U.S. Immigration and Customs Enforcement.(dr)

14 Dec. 1, 2023

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. Alejandro Mayorkas served on 11/20/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/01/2023)

RECAP
15 Dec. 1, 2023

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. Brittany Tobias served on 11/20/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/01/2023)

RECAP
16 Dec. 1, 2023

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. U.S. Department of Homeland Security served on 11/20/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/01/2023)

RECAP
17 Dec. 1, 2023

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. Mary De Anda-Ybarra served on 11/20/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/01/2023)

RECAP
18 Dec. 1, 2023

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. Monica S Burke served on 11/20/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/01/2023)

RECAP
19 Dec. 1, 2023

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. Patrick J Lechleitner served on 11/20/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/01/2023)

RECAP
20 Dec. 1, 2023

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. Ricardo A Wong served on 11/20/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/01/2023)

RECAP
21 Dec. 4, 2023

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. U.S. Attorneys Office served on 11/16/2023, answer due 1/16/2024. (Sheff, Rebecca) Modified on 12/4/2023 (arp). (Entered: 12/04/2023)

RECAP
22 Dec. 4, 2023

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. U.S. Attorney General served on 11/16/2023, answer due 1/16/2024. (Sheff, Rebecca) Modified text on 12/4/2023 (arp). (Entered: 12/04/2023)

RECAP
23 Dec. 4, 2023

SUMMONS Returned Executed by Ernesto Doe, Luis Doe, Carlos Doe, Gabriel Doe. U.S. Immigration and Customs Enforcement served on 11/30/2023, answer due 1/19/2024. (Sheff, Rebecca) (Entered: 12/04/2023)

RECAP
24 Dec. 15, 2023

NOTICE of Appearance by Ross McNeill Slaughter on behalf of All Defendants (Slaughter, Ross) (Entered: 12/15/2023)

RECAP
25 Dec. 19, 2023

NOTICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong re 2 MOTION for Leave to File Proceed Under Pseudonym (Slaughter, Ross) (Entered: 12/19/2023)

RECAP
26 Dec. 19, 2023

NOTICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong re 8 MOTION to Certify Class (Slaughter, Ross) (Entered: 12/19/2023)

RECAP
27 Dec. 19, 2023

ORDER by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 1/9/2024 at 10:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (ccp) (Entered: 12/19/2023)

RECAP
28 Jan. 9, 2024

Clerk's Minutes for proceedings held before Magistrate Judge Jennifer M. Rozzoni: Status Conference held on 1/9/2024. (ccp) (Entered: 01/09/2024)

RECAP
29 Jan. 11, 2024

Joint MOTION for Order Setting Litigation Schedule by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe. (Sheff, Rebecca) (Entered: 01/11/2024)

RECAP
30 Jan. 12, 2024

Unopposed MOTION to Withdraw as Attorney Misha Boutilier by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe. (Sheff, Rebecca) (Entered: 01/12/2024)

RECAP
31 Jan. 12, 2024

ORDER granting 29 Joint Motion for Litigation Schedule by Magistrate Judge Jennifer M. Rozzoni (kms) (Entered: 01/12/2024)

RECAP
32 Jan. 12, 2024

ORDER by Magistrate Judge Jennifer M. Rozzoni granting 30 Unopposed Motion for Leave to Withdraw Appearance. Having reviewed the motion and noting that plaintiffs are still represented by counsel, the motion is granted. Attorney Misha Boutilier terminated. (kms) (Entered: 01/12/2024)

RECAP
Jan. 12, 2024

Order on Motion to Withdraw as Attorney

33 Jan. 16, 2024

RESPONSE in Opposition re 2 MOTION for Leave to File Proceed Under Pseudonym filed by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong. (Attachments: # 1 Exhibit A) (Slaughter, Ross) (Entered: 01/16/2024)

RECAP
34 Jan. 29, 2024

NOTICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe re 2 MOTION for Leave to File Proceed Under Pseudonym (Extension of Time for Plaintiff to Reply in Support) (Sheff, Rebecca) (Entered: 01/29/2024)

RECAP
35 Feb. 2, 2024

CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong of Defendants First Set of Interrogatories (Slaughter, Ross) (Entered: 02/02/2024)

RECAP
36 Feb. 2, 2024

CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong of Defendants' First Set of Requests for Production (Slaughter, Ross) (Entered: 02/02/2024)

RECAP
37 Feb. 2, 2024

CERTIFICATE OF SERVICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Plaintiffs' First Set of Interrogatories to Defendants (Sheff, Rebecca) (Entered: 02/02/2024)

RECAP
38 Feb. 2, 2024

CERTIFICATE OF SERVICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Plaintiffs' First Set of Requests for Production of Documents by Defendants (Sheff, Rebecca) (Entered: 02/02/2024)

RECAP
39 Feb. 2, 2024

CERTIFICATE OF SERVICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Plaintiffs' First Set of Requests for Admission to Defendants (Sheff, Rebecca) (Entered: 02/02/2024)

RECAP
40 Feb. 6, 2024

REPLY to Response to Motion re 2 MOTION for Leave to File Proceed Under Pseudonym filed by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe. (Brooks, Max) (Entered: 02/06/2024)

RECAP
41 Feb. 6, 2024

DECLARATION re 2 MOTION for Leave to File Proceed Under Pseudonym of Max Isak Brooks by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe (Attachments: # 1 Exhibit A) (Brooks, Max) (Entered: 02/06/2024)

RECAP
42 Feb. 9, 2024

NOTICE of Briefing Complete by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe re 2 MOTION for Leave to File Proceed Under Pseudonym filed by Carlos Doe, Gabriel Doe, Ernesto Doe, Luis Doe (Sheff, Rebecca) (Entered: 02/09/2024)

RECAP
43 Feb. 22, 2024

Consent MOTION to Modify Order Setting Litigation Schedule by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong. (Attachments: # 1 Exhibit Proposed Order) (Slaughter, Ross) Modified on 2/22/2024 corrected spelling of modify per R.Slaughter (cmm). (Entered: 02/22/2024)

RECAP
44 Feb. 22, 2024

ORDER by Magistrate Judge Jennifer M. Rozzoni granting 43 Unopposed Motion to Modify Order Setting Litigation Schedule. (ccp) (Entered: 02/22/2024)

RECAP
45 Feb. 23, 2024

ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe by Rebecca Fae Sherman Sheff on behalf of: Linda Moon Quinn Emanuel Urquhart & Sullivan, LLP 51 Madison Avenue, 22nd FloorNew York, NY 10010 212-849-7000 lindamoon@quinnemanuel.com (Association Dues - Online Payment) (Sheff, Rebecca)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/23/2024)

RECAP
46 Feb. 23, 2024

NOTICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe re 45 Association of Attorney Licensed Outside the District, of Good Standing (Sheff, Rebecca) (Entered: 02/23/2024)

RECAP
Feb. 23, 2024

Association Dues Received: $ 100 receipt number ANMDC-9234067 re: # 45 Association of Attorney Licensed Outside the District, filed by Carlos Doe, Gabriel Doe, Ernesto Doe, Luis Doe (Payment made via Pay.gov)(Sheff, Rebecca)

47 March 6, 2024

Joint MOTION for Protective Order and 502(d) Order by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong. (Attachments: # 1 Exhibit A: Stipulated Protective Order, # 2 Exhibit B: Stipulated Clawback Agreement and Federal Rule of Evidence 502(d) Order) (Slaughter, Ross) (Entered: 03/06/2024)

RECAP
48 March 7, 2024

ORDER by Magistrate Judge Jennifer M. Rozzoni granting 47 Joint Motion for Protective Order. (ccp) (Entered: 03/07/2024)

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49 March 7, 2024

Stipulated Clawback Agreement and Federal Rule of Evidence 502(d) Order by Magistrate Judge Jennifer M. Rozzoni. (ccp) (Entered: 03/07/2024)

RECAP
50 March 13, 2024

***FILED IN ERROR*** CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong Defendants Responses and Objections to Plaintiffs First Set of Requests for Admission (Slaughter, Ross) Modified text on 3/14/2024 add error language. Document to be refiled with case caption (gr). (Entered: 03/13/2024)

RECAP
51 March 13, 2024

***FILED IN ERROR*** CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong Defendants Responses and Objections to Plaintiffs First Request for Production of Documents (Slaughter, Ross) Modified text on 3/14/2024 add error language. Document to be refiled with case caption (gr). (Entered: 03/13/2024)

RECAP
52 March 13, 2024

***FILED IN ERROR***CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong Defendants Responses and Objections to Plaintiffs First Set of Interrogatories (Slaughter, Ross) Modified text on 3/14/2024 add error language. Document to be refiled with case caption (gr). (Entered: 03/13/2024)

RECAP
53 March 13, 2024

***FILED IN ERROR*** CERTIFICATE OF SERVICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Plaintiffs' Responses and Objections to Defendants' First Set of Requests for Production (Boutilier, Sasha) Modified text on 3/14/2024 add error language. Document to be refiled with case caption (gr). (Entered: 03/13/2024)

RECAP
54 March 13, 2024

***FILED IN ERROR*** CERTIFICATE OF SERVICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Plaintiffs' Responses and Objections to Defendants' First Set of Interrogatories (Boutilier, Sasha) Modified text on 3/14/2024 add error language. Document to be refiled with case caption (gr). (Entered: 03/13/2024)

RECAP
55 March 14, 2024

CERTIFICATE OF SERVICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Plaintiffs' Responses and Objections to Defendants' First Set of Requests for Production (Boutilier, Sasha) (Entered: 03/14/2024)

RECAP
56 March 14, 2024

CERTIFICATE OF SERVICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Plaintiffs' Responses and Objections to Defendants' First Set of Interrogatories (Boutilier, Sasha) (Entered: 03/14/2024)

RECAP
57 March 14, 2024

CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong Defendants Responses and Objections to Plaintiffs First Set of Requests for Admission (Slaughter, Ross) (Entered: 03/14/2024)

RECAP
58 March 14, 2024

CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong Defendants Responses and Objections to Plaintiffs First Request for Production of Documents (Slaughter, Ross) (Entered: 03/14/2024)

RECAP
59 March 14, 2024

CERTIFICATE OF SERVICE by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong Defendants Responses and Objections to Plaintiffs First Set of Interrogatories (Slaughter, Ross) (Entered: 03/14/2024)

RECAP
60 April 8, 2024

Consent MOTION to Stay Deadline to Answer by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong. (Attachments: # 1 Exhibit Proposed Order) (Slaughter, Ross) (Entered: 04/08/2024)

RECAP
61 April 8, 2024

ORDER granting 60 Motion to Stay Defendants' Deadline to Answer by Magistrate Judge Jennifer M. Rozzoni. Defendants' answer is due 21 days after the Court's last order on the parties' forthcoming cross-motions for summary judgment and Defendants' motion to dismiss. (kms) (Entered: 04/08/2024)

RECAP
62 April 8, 2024

ORDER SETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 5/15/2024 at 10:00 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (kms) (Entered: 04/08/2024)

RECAP
63 April 25, 2024

Joint MOTION for Order Modifying Order Setting Litigation Schedule by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe. (Attachments: # 1 Exhibit Proposed Order) (Boutilier, Sasha) (Entered: 04/25/2024)

RECAP
64 April 25, 2024

ORDER by Magistrate Judge Jennifer M. Rozzoni granting 63 Joint Motion to Modify Order Setting Litigation Schedule. (ccp) (Entered: 04/25/2024)

RECAP
65 May 7, 2024

ORDER RESETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 6/24/2024 at 09:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 5/15/2024 is VACATED. (kms) (Entered: 05/07/2024)

RECAP
66 May 22, 2024

NOTICE of Appearance by Rachel Landry on behalf of All Plaintiffs (Landry, Rachel) (Entered: 05/22/2024)

RECAP
67 June 7, 2024

NOTICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe Letter to Judge Rozzoni (Sheff, Rebecca) (Entered: 06/07/2024)

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68 June 21, 2024

Joint MOTION Modify Order Setting Litigation Schedule and Protective Order re 48 Order on Motion for Protective Order, 44 Order on Motion for Miscellaneous Relief, 64 Order on Motion for Order, 31 Order on Motion for Order by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe. (Attachments: # 1 Exhibit 1) (Sheff, Rebecca) (Entered: 06/21/2024)

RECAP
69 June 21, 2024

ORDER granting 68 Motion to Modify Order Setting Litigation Schedule and Protective Order by Magistrate Judge Jennifer M. Rozzoni (kms) (Entered: 06/21/2024)

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70 June 21, 2024

ORDER by Magistrate Judge Jennifer M. Rozzoni. The parties' Joint Motion to Modify Order Setting Litigation Schedule and Protective Order (Doc. 68) adequately addressed the topics the Court wished to discuss during the status conference scheduled for June 24, 2024, at 9:30 a.m. Therefore, the Court hereby VACATES the June 24, 2024 status conference. The parties may jointly contact chambers (rozzonichambers@nmd.uscourts.gov) should they wish to schedule another status conference. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kms) (Entered: 06/21/2024)

RECAP
71 June 21, 2024

NOTICE of Appearance by Seth Eli Montgomery on behalf of All Plaintiffs (Montgomery, Seth) (Entered: 06/21/2024)

RECAP
June 21, 2024

1 - Terminate Hearings AND Order

72 July 19, 2024

NOTICE by Carlos Doe, Ernesto Doe, Gabriel Doe, Luis Doe of Withdrawal of Ernesto Doe as Plaintiff (Sheff, Rebecca) (Entered: 07/19/2024)

RECAP
73 July 19, 2024

Opposed MOTION for Supplement of the Administrative Record by Carlos Doe, Gabriel Doe, Luis Doe. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12) (Brooks, Max) Modified security on 10/21/2024 pursuant to 85 Order (gr). (Entered: 07/19/2024)

RECAP
74 July 26, 2024

NOTICE MEMORIALIZING DISMISSAL of Ernesto Doe as Plaintiff re 72 Notice (Other) by District Judge Matthew L. Garcia. (cmm) (Entered: 07/26/2024)

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75 July 30, 2024

ORDER by District Judge Matthew L. Garcia DENYING AS PREMATURE 8 Motion for Class Certification. (cmm) (Entered: 07/30/2024)

Clearinghouse
76 Aug. 16, 2024

NOTICE of Appearance by Yoseph T Desta on behalf of All Defendants (Desta, Yoseph) (Entered: 08/16/2024)

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77 Aug. 16, 2024

RESPONSE in Opposition re 73 Opposed MOTION for Supplement of the Administrative Record filed by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong. (Attachments: # 1 Exhibit Declaration of Francisco Madrigal) (Slaughter, Ross) (Entered: 08/16/2024)

RECAP
78 Sept. 4, 2024

Unopposed MOTION for Leave to File Excess Pages for Plaintiffs' Reply in Support of Motion to Complete and Supplement the Administrative Record by Carlos Doe, Gabriel Doe, Luis Doe. (Sheff, Rebecca) (Entered: 09/04/2024)

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79 Sept. 5, 2024

ORDER by District Judge Matthew L. Garcia granting 78 Motion for Leave to File Excess Pages. (cmm) (Entered: 09/05/2024)

RECAP
80 Sept. 6, 2024

REPLY to Response to Motion re 73 Opposed MOTION for Supplement of the Administrative Record filed by Carlos Doe, Gabriel Doe, Luis Doe. (Attachments: # 1 Exhibit 1) (Brooks, Max) Modified security on 10/21/2024 pursuant to 85 Order (gr). (Entered: 09/06/2024)

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81 Sept. 20, 2024

APPENDIX/SUPPLEMENT re 73 Opposed MOTION for Supplement of the Administrative Record by Monica S Burke, Mary De Anda-Ybarra, Patrick J Lechleitner, Alejandro Mayorkas, Brittany Tobias, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ricardo A Wong (Attachments: # 1 Appendix Certification of and index to the Amended Administrative Record, # 2 Appendix Part 1 of the Amended Administrative Record, # 3 Appendix Part 2 of the Amended Administrative Record) (Slaughter, Ross) (Entered: 09/20/2024)

RECAP
82 Sept. 20, 2024

NOTICE of Briefing Complete by All Plaintiffs re 73 Opposed MOTION for Supplement of the Administrative Record filed by Carlos Doe, Gabriel Doe, Luis Doe (Sheff, Rebecca) (Entered: 09/20/2024)

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83 Oct. 3, 2024

MEMORANDUM OPINION AND ORDER by District Judge Matthew L. Garcia GRANTING 2 . (cmm) (Entered: 10/03/2024)

Clearinghouse
84 Oct. 17, 2024

AMENDED COMPLAINT Under Pseudonym against All Defendants., filed by Luis Doe, Carlos Doe, Gabriel Doe. (Sheff, Rebecca) (Entered: 10/17/2024)

Clearinghouse
85 Oct. 18, 2024

ORDER UNSEALING DOCUMENTS by Magistrate Judge Jennifer M. Rozzoni. The parties state that they "agree that Plaintiffs' Motion and Reply (ECF Nos. 73 and 80) and the exhibits thereto may appear on the public docket and respectfully request that the Court lift the seal on those documents." Doc. 81 at 1. The Court therefore orders the CLERK OF COURT to unseal Documents 73 and 80. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ccp) (Entered: 10/18/2024)

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86 Oct. 18, 2024

NOTICE of Hearing: 73 Opposed MOTION for Supplement of the Administrative Record set for 12/19/2024 at 09:30 AM in Albuquerque - 520 Gila Courtroom before District Judge Matthew L. Garcia. (emr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/18/2024)

RECAP
Oct. 18, 2024

Order

87 Oct. 31, 2024

NOTICE of Appearance by Tiffany Elizabeth Wang on behalf of All Plaintiffs (Wang, Tiffany) (Entered: 10/31/2024)

RECAP
88 Dec. 19, 2024

Clerk's Minutes for proceedings held before District Judge Matthew L. Garcia: Motion Hearing held on 12/19/2024 re 73 Opposed MOTION for Supplement of the Administrative Record filed by Carlos Doe, Gabriel Doe, Luis Doe. (Court Reporter Gila) (cmm) (Entered: 12/19/2024)

RECAP

Case Details

State / Territory:

New Mexico

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 3, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Current and future detainees by ICE at TCDF

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: Pending

Defendants

Federal

Department of Homeland Security

Immigration and Customs Enforcement

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Other Dockets:

District of New Mexico 1:23-cv-00971

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Conditions of confinement

Recommended Citation