Case: Detroit Free Press Inc. v. Ashcroft

2:02-cv-70339 | U.S. District Court for the Eastern District of Michigan

Filed Date: Jan. 28, 2002

Closed Date: Nov. 25, 2003

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Case Summary

On January 28, 2002, the Michigan newspaper the Detroit Free Press filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiff sued the U.S. Attorney General, the Chief Immigration Judge of the U.S., and an additional immigration judge. Represented by private counsel, the Free Press alleged that the government had violated its First Amendment rights by preventing it from accessing an immigration proceeding in Detroit, Michigan involving an Ann Arbor, Michigan resident. On September 21, 2001, Chief Immigration Judge Michael Creppy had issued a memorandum (the "Creppy directive") to all US immigration judges that outlined various security measures to be applied in certain immigration cases, such as closed hearings and increased privacy. The Free Press argued that it had a constitutional right of access to judicial and quasi-judicial governmental proceedings, and that such access was also required by statute and by Immigration and Naturalization Service (INS) regulations. The Free Press sought a declaratory judgment, as well as a preliminary and permanent injunction requiring that it be able to access future proceedings involving the person whose hearing they had been denied access to and transcripts of prior related proceedings. They also sought attorneys' fees. The case was assigned to Judge Nancy G. Edmunds.

On March 5, 2002, the court consolidated this case with a similar case filed by the Detroit News, which was represented by the American Civil Liberties Union. The court also consolidated those cases for pretrial matters with a similar case filed by the person whose immigration proceedings the news agencies had been denied access to. The government filed various motions to dismiss against the various plaintiffs for lack of subject matter jurisdiction or failure to state a claim.

On April 3, 2002, the court granted the newspapers' motions for a preliminary injunction and denied the government's motion to dismiss the newspapers' complaints. The court held that the newspapers had a First Amendment right to access the hearings, as the hearings had traditionally been public and there were various policy reasons why they should be so. The court also held that closing the hearings was not justified by the government's interest. The government argued that the hearings should be private in order to prevent information about the detainees from becoming public, but the court rejected this argument because the government had not actually restricted that information. Further, the court held that the newspapers would suffer irreparable injury by having their First Amendment rights violated, and that later actions such as making transcripts available would not fix that. 195 F.Supp.2d 937.

On the same day, the court issued another opinion denying the motion to dismiss for lack of jurisdiction. The government had argued that the Immigration and Nationality Act (INA) prevented the court from having jurisdiction over this case because it provided that immigration proceedings are only reviewable by a federal court of appeals after a removal order, and specified administrative steps to take before bringing a case to court. However, the court held that none of the cited INA provisions prevented it from hearing this First Amendment challenge, and therefore denied the motion to dismiss. 195 F.Supp.2d 948.

On April 9, 2002, the government appealed the preliminary injunction order to the U.S. Court of Appeals for the Sixth Circuit (case number 02-1437). On the same day, the government asked the district court to either reconsider its order or grant a stay pending appeal, but the court denied the request later that day.

The next day, at the request of the defendants, the Sixth Circuit stayed the parts of the district court's order that mandated the government give the plaintiffs transcripts of the individual plaintiff's immigration proceedings and related documents. 2002 WL 1332827. However, a week later, on April 18, the Sixth Circuit dissolved the stay and denied the government 's motion for a complete stay pending appeal, holding that reversal was unlikely and a stay would cause irreparable harm to the plaintiffs. 2002 WL 1332836.

On August 28, 2002, the Sixth Circuit affirmed the decision of the district court. The Sixth Circuit rejected the government's argument that its plenary power over immigration overcame the First Amendment concerns in this case, and agreed with the district court that the newspapers had a First Amendment right to access immigration proceedings. The Sixth Circuit also held that the Creppy directive did not survive strict scrutiny because it was not narrowly tailored and it did not require case-specific findings when an immigration judge decided to close a hearing to the public. 303 F.3d 681. The Sixth Circuit later declined to rehear the case en banc.

Back in the district court, on September 17, 2002, the court also granted the individual plaintiff's motion for a preliminary injunction, and denied the government's motion to dismiss that plaintiff. The plaintiff alleged that because his prior hearing had been designated as "special interest" and therefore closed, the defendants had violated the Fifth Amendment's Due Process Clause, INS regulations, and the Administrative Procedure Act. He argued that he should get a new hearing because his previous hearing had been closed to the public, and that he should have a new immigration judge because the government had previously presented his case as "special interest." The court held that the Due Process claim was likely to succeed, as a public hearing was essential to fairness and the government had failed to establish that a closed hearing in this case was necessary for national security reasons. The court also held that denying the request for an injunction would cause irreparable harm by violating the plaintiff's Fifth Amendment rights. The court ordered the government to either release the plaintiff or hold a new hearing. 221 F.Supp.2d 799.

The government appealed this decision to the Sixth Circuit on October 2, 2002 (case number 02-2189).

Meanwhile, the named plaintiff had a new immigration hearing on October 1, 2002. Though the hearing started out open to the public, the immigration judge closed part of it based on a purported need to protect national security or law enforcement interests. The plaintiffs asked the district court for emergency order requiring the immigration judge to 1) let the newspaper plaintiffs object to the closure, 2) explain on the record why the hearing should be closed, and 3) release a transcript of the proceeding and a copy of the government's brief. On October 7, 2002, the district court held that the closure was acceptable, but that the immigration court should in the future justify any closure on the record. It also ordered that certain documents be provided to the individual plaintiff. 2002 WL 31317398.

The plaintiff appealed this decision to the Sixth Circuit on February 20, 2003 (case number 03-1253).

Before the Sixth Circuit addressed the appeals, the immigration court entered an order of removal in the individual plaintiff's immigration proceedings. The plaintiff appealed that order to the Sixth Circuit, but the appeal was dismissed as untimely, and the government deported the plaintiff. In a September 23, 2003 order, the Sixth Circuit dismissed both appeals as moot and vacated the district court's September 17 and October 7 orders. 76 Fed.Appx. 672.

The district court dismissed the individual plaintiff's complaint on November 25, 2003. There have been no further developments as of May 2024, and the case is presumed closed.

Summary Authors

Venesa Haska (5/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6228524/parties/det-free-press-inc-v-ashcroft/

Judge(s)

Edmunds, Nancy Garlock (Michigan)

Attorney for Plaintiff

Gleicher, Elizabeth L. (Michigan)

Levy, Joshua A.

Attorney for Defendant

Loeb, Robert Mark

Expert/Monitor/Master/Other

Fink, Herschel P. (Michigan)

Judge(s)

Edmunds, Nancy Garlock (Michigan)

Attorney for Plaintiff

Gleicher, Elizabeth L. (Michigan)

Levy, Joshua A.

Martel, Jonathan S.

Niehoff, Leonard M. (Michigan)

Ronayne, John J. (Michigan)

Shapiro, Steven R. (Michigan)

Steinberg, Michael J. (Michigan)

Attorney for Defendant

Loeb, Robert Mark

Rowe, Jonathan D. (Michigan)

Scadron, Terri J. (Michigan)

Swingle, Sharon

Vanderstar, Thankful L. (Michigan)

Wicks, L. Michael (Michigan)

Other

Fink, Herschel P. (Michigan)

Wassom, Brian D. (Michigan)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:02-cv-70339	Complaint for Access to Immigration Court Proceedings	Jan. 28, 2002	Jan. 28, 2002 Complaint
1 2:02-cv-70605	Complaint for Declaratory and Injunctive Relief, and for Relief in the Nature of Mandamus Haddad v. Ashcroft	Feb. 14, 2002	Feb. 14, 2002 Complaint
23 2:02-cv-70339	Order Denying Defendants' Motion to Dismiss Complaints for Lack of Jurisdiction [14-1]	April 3, 2002	April 3, 2002 Order/Opinion 195 F.Supp.2d 948
24 2:02-cv-70339	Order Granting Plaintiffs' Motion for Preliminary Injunction [2-1] and Denying Defendants' Motion to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can be Granted [10-1]	April 3, 2002	April 3, 2002 Order/Opinion 195 F.Supp.2d 937
02-01437	Order U.S. Court of Appeals for the Sixth Circuit	April 18, 2002	April 18, 2002 Order/Opinion 2002 WL 1332836
02-01437	Opinion U.S. Court of Appeals for the Sixth Circuit	Aug. 26, 2002	Aug. 26, 2002 Order/Opinion 303 F.3d 681
2:02-cv-70605	Order Granting Plaintiff's Motion for Preliminary Injunction and Denying Government's Motion to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can be Granted Haddad v. Ashcroft	Sept. 17, 2002	Sept. 17, 2002 Order/Opinion 221 F.Supp.2d 799
60 2:02-cv-70339	Order Granting in Part and Denying in Part Plaintiffs' Emergency Motions [55-1&57-1] to Compel Compliance With Court Order and for Access to Proceedings	Oct. 7, 2002	Oct. 7, 2002 Order/Opinion 2002 WL 31317398
02-02189 03-01253	Order Haddad v. Ashcroft U.S. Court of Appeals for the Sixth Circuit	Sept. 23, 2003	Sept. 23, 2003 Order/Opinion 76 Fed.Appx. 672

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Oral History Project Interview with Professor Michael Steinberg: Contents and Links Civil Rights Litigation Clearinghouse	Contents: Clearinghouse Oral History Project Interview with Professor Michael Steinberg (Spring 2024) [00:00-23:12	August 2024	Aug. 26, 2024

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6228524/det-free-press-inc-v-ashcroft/

Last updated April 13, 2026, 4:43 a.m.

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ECF Number	Date	Description	Link
1	Jan. 28, 2002	COMPLAINT for access to immigration court proceedings - Receipt # 431461 - Date Fee Received: 1/28/02, with attachments A-F. (PP) (Entered: 01/31/2002)	Clearinghouse
2	Jan. 28, 2002	MOTION by plaintiff for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad with brief (PP) (Entered: 01/31/2002)	RECAP
3	Jan. 29, 2002	ORDER by Judge Nancy G. Edmunds, setting hearing on motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] for 9:30 3/26/02, setting deadline for response to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] for 2/28/02, setting deadline for reply to response to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] for 3/8/02 [EOD Date 1/31/02], with proof of mailing. (PP) (Entered: 01/31/2002)	RECAP
4	Feb. 20, 2002	MOTION by John Ashcroft, Michael Creppy, Elizabeth Hacker to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases with proof of mailing (kb) Modified on 03/04/2002 (Entered: 02/28/2002)	RECAP
12	Feb. 21, 2002	RESPONSE by plaintiff Rabih Haddad (in case # 02-70605) to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, Ashcroft [4-1] with proof of mailing (kb) (Entered: 03/07/2002)	RECAP
5	Feb. 22, 2002	RESPONSE (opposition) by plaintiff Det Free Press Inc to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, John Ashcroft [4-1] with proof of mailing (dh) (Entered: 03/04/2002)	RECAP
6	Feb. 25, 2002	SUPPLEMENTAL RESPONSE to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, Ashcroft [4-1] with exhibt A, proof of mailing (dh) (Entered: 03/04/2002)	RECAP
7	Feb. 27, 2002	RESPONSE (opposition) by Det Free Press Inc, Congressman John Conyers, Jr., and Metro Imes to motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, John Ashcroft [4-1] with proof of mailing (dh) (Entered: 03/04/2002)	RECAP
8	Feb. 28, 2002	EXPARTE motion by defendants to file brief in excess pages with brief, proof of mailing (dh) (Entered: 03/04/2002)	RECAP
9	Feb. 28, 2002	ORDER by Judge Nancy G. Edmunds granting motion to file brief in excess pages by Elizabeth Hacker, Michael Creppy, John Ashcroft [8-1] [EOD Date 3/4/02] (dh) (Entered: 03/04/2002)	RECAP
10	Feb. 28, 2002	RESPONSE by John Ashcroft, Michael Creppy, Elizabeth Hacker to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] with attachments A,B, proof of mailing (dh) (Entered: 03/04/2002)	RECAP
	March 4, 2002	TELE-CONFERENCE held - Judge Nancy G. Edmunds - Court Reporter: Suzanne Jacques (ch)
11	March 5, 2002	ORDER by Judge Nancy G. Edmunds granting motion to consolidate cases 02-70339 and 02-70605 for pretrial matters only by Rabin Haddad [3-1] in 2:02-cv-70605: ALL SUBSEQUENT PLEADINGS SHALL BE ENTERED UNDER THE LOWER CASE NUMBER 02-70339. CASE NUBER 02-70340 IS CLOSED FOR ADMINISTRATIVE PURPOSES. ALL SUBSEQUENT PLEADINGS IN THE HADDED CASE (02-70605) SHALL BE ENTERED IN BOTH CASES 02-70339 AND 02-70605. [EOD Date 3/6/02] (RH) Modified on 03/06/2002 (Entered: 03/06/2002)	RECAP
	March 6, 2002	AMENDED complaint 1 by plaintiff Rabin Haddad in 2:02-cv-70605 adding Carol Jenifer to case(s) 2:02-cv-70605. (RH)
13	March 7, 2002	MOTION by defendant Carol Jenifer in 2:02-cv-70605 to dismiss for failure to state a claim upon which relief can be granted, with brief, attachments A, B and proof of mailing. (RH) (Entered: 03/08/2002)	RECAP
	March 7, 2002	NOTICE of non-admission of attorney Ashraf Nubani (DT)
	March 7, 2002	NOTICE of non-admission of attorney David Cole (DT)
	March 7, 2002	NOTICE of non-admission of attorney Shayana D. Kadidal (DT)
	March 7, 2002	NOTICE of non-admission of attorney Christopher Winters (DT)
	March 7, 2002	NOTICE of non-admission of attorney Shayana D. Kadidal (ew)
14	March 8, 2002	MOTION by defendants in 2:02-cv-70339, 2:02-cv-70605 to dismiss for lack of jurisdiction with brief and attachments (ew) (Entered: 03/11/2002)	RECAP
15	March 14, 2002	REPLY TO DEFENDANTS' OPPOSITION and opposition by Det Free Press Inc, Herald Co Inc, John Conyers Jr., Metro Times Inc in 2:02-cv-70339 to motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1] 2:02-cv-70339, motion to dismiss for lack of jurisdiction defendants[0-1] in 2:02-cv-70605, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [0-1] in 2:02-cv-70605 with attachments and proof of service (ew) (Entered: 03/15/2002)	RECAP
16	March 14, 2002	NOTICE by defendants in 2:02-cv-70339, 2:02-cv-70605 of Immigration Court hearing set for 3/19/02 (ew) (Entered: 03/15/2002)	RECAP
17	March 14, 2002	REPLY by Det Free Press Inc, Herald Co Inc in 2:02-cv-70339 to response to motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Haddad by Herald Co Inc, Det Free Press Inc [2-1] in 2:02-cv-70339 with exhibits (ew) (Entered: 03/15/2002)	RECAP
18	March 19, 2002	RESPONSE by plaintiffs' in 2:02-cv-70339, plaintiff in 2:02-cv-70605 to motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1] in 2:02-cv-70339, motion to dismiss for lack of jurisdiction by defendantsssssss [0-1] in 2:02-cv-70605, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [0-1] in 2:02-cv-70605 with proof of mailing (PP) (Entered: 03/20/2002)	RECAP
19	March 22, 2002	REPLY by John Ashcroft, Michael Creppy, Elizabeth Hacker in 2:02-cv-70339 and in 2:02-cv-70605 to response in support of motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, in 2:02-cv-70605 with proof of mailing (kb) (Entered: 03/25/2002)	RECAP
20	March 25, 2002	ANSWER by John Ashcroft, Michael Creppy, Elizabeth Hacker in 2:02-cv-70339 to amended complaint by Rabin Haddad [13-1] in 2:02-cv-70605 with proof of mailing (kb) (Entered: 03/26/2002)	RECAP
21	March 25, 2002	ERRATA by Rabin Haddad in 2:02-cv-70605 for response reply by defendants [19-1] in 2:02-cv-70339, [18-1] in 2:02-cv-70605 with notice and proof of mailing (kb) Modified on 03/26/2002 (Entered: 03/26/2002)	RECAP
	March 25, 2002	Text not available.
	March 26, 2002	MOTION hearing held on motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [13-1] in 2:02-cv-70339, motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1] in 2:02-cv-70339, motion to reset briefing schedule for plaintiffs' requests for preliminary injuction in consolidated cases by Elizabeth Hacker, Michael Creppy, John Ashcroft [4-1] in 2:02-cv-70339, motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] in 2:02-cv-70339, motion to dismiss for lack of jurisdiction by defendantss [0-1] to 3/26/02 in 2:02-cv-70339, in 2:02-cv-70605 in 2:02-cv-70605, motion to dismiss for failure to state a claim upon which relief can be granted by Carol Jenifer [0-1] in 2:02-cv-70605, motion for preliminary injunction by Rabih Haddad [2-1] in 2:02-cv-70605 - Judge Nancy G. Edmunds - Court Reporter: Suzanne Jacques (ch)
	March 26, 2002	MOTION hearing held on motion to dismiss for lack of jurisdiction by defendants [14-1], motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1], motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] - disposition: taken under advisement - Judge Nancy G. Edmunds - Court Reporter: Suzanne Jacques (ch)
22	March 28, 2002	STATEMENT regarding CDI Info. Servs., Inc v. Reno; with proof of mailing [EOD Date: 3/29/02] (kb) (Entered: 03/29/2002)	RECAP
23	April 3, 2002	ORDER by Judge Nancy G. Edmunds dismissing motion to dismiss for lack of jurisdiction by defendants [14-1] in 2:02-cv-70339, 2:02-cv-70605 with proof of mailing [EOD Date 4/5/02] (dh) (Entered: 04/05/2002)	Clearinghouse
24	April 3, 2002	ORDER by Judge Nancy G. Edmunds denying motion to dismiss complaint for failure to state a claim upon which relief can be granted by Elizabeth Hacker, Michael Creppy, John Ashcroft [10-1] in 2:02-cv-70339, granting motion for preliminary and permanent injunction requiring defendants to permit plaintiffs access to all future proceedings related to Rabih Haddad by Herald Co Inc, Det Free Press Inc [2-1] in 2:02-cv-70339 with proof of mailing [EOD Date 4/5/02] (dh) (Entered: 04/05/2002)	Clearinghouse
	April 8, 2002	TELE-CONFERENCE held - Judge Nancy G. Edmunds - Court Reporter: Suzanne Jacques (ch)
	April 8, 2002	ORAL MOTION by defendants to stay order issued 4/3/02 (ch)
	April 8, 2002	ORAL order by Judge Nancy G. Edmunds denying motion to stay order issued 4/3/02 by defendants [0-0] [EOD Date: 4/10/02] (ch)
25	April 9, 2002	APPEAL by defendants John Ashcroft, Michael Creppy, Elizabeth Hacker, Carol Jenifer in 2:02-cv-70339, 2:02-cv-70340 and 2:02-cv-70605 of order [24-1] in 2:02-cv-70339 and [0-1] in 2:02-cv-70340 and 2:02-cv-70605 to USCA with proof of service - FEE: not paid - Receipt #: ausa (do) Modified on 04/10/2002 (Entered: 04/10/2002)	RECAP
26	April 9, 2002	MOTION by defendants in 2:02-cv-70339/2:02-cv-70605 for reconsideration of Court's order dated 4/3/02 granting preliminary injunction [24-1] in 2:02-cv-70339/2:02-cv-70605 and, in the alternative, for a stay pending appeal with brief, exhibit and proof of mailing (DT) (Entered: 04/10/2002)	RECAP
27	April 9, 2002	RESPONSE BRIEF by plaintiffs Det Free Press Inc and Herald Co Inc in 2:02-cv-70339 to defendants' motion for reconsideration of Court's order dated 4/3/02 granting preliminary injunction [24-1][26-1] and/or motion for a stay pending appeal [26-2] in 2:02-cv-70339 2:02-cv-70605 (DT) (Entered: 04/10/2002)	RECAP
30	April 9, 2002	ORDER by Judge Nancy G. Edmunds denying defendants' motion for reconsideration of Court's order dated 4/3/02 granting preliminary injunction [24-1] [26-1] and in the alternative for a stay pending appeal [26-2] in 2:02-cv-70339, 2:02-cv-70605 [EOD Date 4/10/02] (DT) (Entered: 04/10/2002)	RECAP
31	April 9, 2002	EXPARTE motion and brief by defendants in 2:02-cv-70339 to seal document in camera, ex parte review (declaration of FBI Agent Brent Potter) (DT) (Entered: 04/11/2002)	RECAP
32	April 9, 2002	ORDER by Judge Nancy G. Edmunds granting defendants' motion to seal document in camera, ex parte review (declaration of FBI Agent Brent Potter) [31-1] in 2:02-cv-70339, 2:02-cv-70605 [EOD Date 4/11/02] (DT) (Entered: 04/11/2002)	RECAP
34	April 9, 2002	NOTICE by defendants in 2:02-cv-70339/2:02-cv-70605 of filing the declaration of FBI Special Agent Brent E. Potter with proof of mailing (DT) (Entered: 04/12/2002)	RECAP
35	April 9, 2002	DECLARATION of FBI Special Agent Brent E. Potter (filed under seal and placed in vault - see order #32) (DT) (Entered: 04/12/2002)	RECAP
	April 9, 2002	MOTION hearing held on motion for reconsideration of Court's order dated 4/3/02 granting preliminary injunction [24-1] in 2:02-cv-70339/2:02-cv-70340 by defendants [26-1], motion for a stay pending appeal by [26-2] - disposition: denied - Judge Nancy G. Edmunds Court Reporter: Suzanne Jacques (ch)
28	April 10, 2002	PROOF of service of appeal notice [25-1] in 2:02-cv-70339, [0-1] in 2:02-cv-70340 and 2:02-cv-70605 to USCA, counsel and court reporter of record (do) (Entered: 04/10/2002)	RECAP
29	April 10, 2002	CERTIFIED copy of appeal notice by defendants [25-1] in 2:02-cv-70339 and appeal notice [0-1] in 2:02-cv-70340 and 2:02-cv-70605 and docket transmitted to USCA (do) (Entered: 04/10/2002)	RECAP
33	April 10, 2002	PROOF of service by Det Free Press Inc and Herald Co Inc of [27-1] in 2:02-cv-70339 by mail (DT) (Entered: 04/11/2002)	RECAP
36	April 15, 2002	ANSWER by defendants' in 2:02-cv-70339 and defendants' in 2:02-cv-70605 to complaint [1-1] in 2:02-cv-70339 [1-1] and complaint in 2:02-cv-70605, with proof of mailing. (RH) (Entered: 04/16/2002)	RECAP
40	April 16, 2002	NON CERTIFIED COPY of order of USCA setting brief schedule - appeal case #02-1437 (RH) (Entered: 04/18/2002)	RECAP
37	April 17, 2002	TRANSCRIPT taken on 4/8/02 of telephone conference call (RH) (Entered: 04/18/2002)	RECAP
38	April 17, 2002	TRANSCRIPT taken on 4/9/02 of motion hearing (RH) (Entered: 04/18/2002)	RECAP
39	April 17, 2002	TRANSCRIPT taken on 3/26/02 of motion hearing (RH) (Entered: 04/18/2002)	RECAP
41	April 22, 2002	NON-CERTIFIED copy of order from USCA that the partial temporary stay entered on 4/20/02 be dissolved. The defendants' motion for a complete stay pending appeal is denied, and that parties shall proceed with the briefing schedule set forth in our order of 4/10/02. The case is returned to the Clerk and Chief Judge for a assignment to a panel [0-0] - appeal case # 02-1437 (lh) Modified on 04/23/2002 (Entered: 04/23/2002)	RECAP
42	April 30, 2002	SUR REPLY by plaintiff Rabih Haddad to amended complaint answer by defendants [20-1] in 2:02-cv-70339, [0-1] 2:02-cv-70605 (ew) (Entered: 04/30/2002)	RECAP
43	April 30, 2002	APPENDIX (Volume 1) by plaintiff Rabih Haddad to sur reply by Rabih Haddad [42-1] in 2:02-cv-70339, [0-1] in 2:02-cv-70605 (ew) (Entered: 04/30/2002)	RECAP
44	April 30, 2002	APPENDIX (Volume 2) by plaintiff Rabih Haddad in to sur reply by Rabih Haddad [42-1] in 2:02-cv-70339, [0-1] in 2:02-cv-70605 (ew) (Entered: 04/30/2002)	RECAP
45	May 2, 2002	PROOF of service of [42-1] in 2:02-cv-70339, [0-1] in 2:02-cv-70605 by mail (ew) (Entered: 05/02/2002)	RECAP
46	May 14, 2002	ACKNOWLEDGMENT from USCA of receipt of appeal notice by defendants [25-1] in 2:02-cv-70339, 2:02-cv-70605 - appeal case # 02-1437 (kb) (Entered: 05/15/2002)	RECAP
47	July 15, 2002	NOTICE OF SUPPLEMENTAL brief and status report by Rabih Haddad with attachment and proof of service (DT) (Entered: 07/15/2002)	RECAP
48	July 19, 2002	RESPONSE by defendant Carol Jenifer in 2:02-cv-70605 to Status Report by Rabih Haddad [47-1] in 2:02-cv-70339, and [0-1] in 2:02-cv-70605, with proof of service. (RH) (Entered: 07/23/2002)	RECAP
49	July 23, 2002	REPLY by plaintiff Rabih Haddad in 2:02-cv-70605 to status report by Rabih Haddad [47-1] in 2:02-cv-70339, and in 2:02-cv-70605, with proof of serivce. (RH) (Entered: 07/26/2002)	RECAP
50	Aug. 6, 2002	Government's STATUS REPORT (ew) (Entered: 08/07/2002)	RECAP
51	Aug. 28, 2002	NON-CERTIFIED copy of judgment from USCA affirming the decision of the District Court - appeal case # 02-1437 (PP) (Entered: 08/30/2002)	RECAP
52	Aug. 28, 2002	SLIP opinion from USCA affirming the decision of the District Court - appeal case # 02-1437 (PP) (Entered: 08/30/2002)	RECAP
	Sept. 17, 2002	ORDER by Judge Nancy G. Edmunds granting motion for preliminary injunction by Rabih Haddad [2-1] in 2:02-cv-70605 and denying government's motion to dismiss complaint for failure to state a claim upon which relief can be granted [10-1] in 2:02-cv-70339 [EOD Date 9/18/02] with proof of service (DT)
53	Sept. 26, 2002	ERRATA by USCA for slip opinion [52-1] in 2:02-cv-70339 (correcting pages) (DT) (Entered: 09/27/2002)	RECAP
55	Oct. 2, 2002	EMERGENCY MOTION by Det Free Press Inc in 2:02-cv-70339 for access to proceedings with brief and proof of service (kb) (Entered: 10/07/2002)	RECAP
56	Oct. 2, 2002	NOTICE by Metro Times Inc, John Conyers Jr., Det Free Press Inc in 2:02-cv-70339 of concurrence in and adoption of motion for access to proceedings by Det Free Press Inc [55-1] in 2:02-cv-70339 with proof of service (kb) (Entered: 10/07/2002)	RECAP
	Oct. 2, 2002	ACKNOWLEDGMENT from USCA of receipt of appeal notice by defendants [0-1] - appeal case # 02-2189 (RH)
54	Oct. 4, 2002	CIVIL sealed matter by Judge Nancy G. Edmunds (lh) (Entered: 10/07/2002)	RECAP
57	Oct. 4, 2002	EMERGENCY MOTION by Rabih Haddad in 2:02-cv-70605 to compel compliance with court order and to amend protective order with brief and proof of service (kb) (Entered: 10/07/2002)	RECAP
58	Oct. 4, 2002	RESPONSE by Carol Jenifer, Elizabeth Hacker, Michael Creppy, John Ashcroft in 2:02-cv-70339 and 02-70605 in opposition to motion for access to proceedings by Det Free Press Inc [55-1] in 2:02-cv-70339, in 2:02-cv-70605 with exhibits 1-3 and proof of service (kb) (Entered: 10/07/2002)	RECAP
59	Oct. 7, 2002	RESPONSE by Carol Jenifer, Elizabeth Hacker, Michael Creppy, John Ashcroft in opposition to motion to compel compliance with court order and to amend protective order by Rabih Haddad [57-1] in 2:02-cv-70339 with proof of service (kb) (Entered: 10/07/2002)	RECAP
60	Oct. 7, 2002	ORDER by Judge Nancy G. Edmunds granting in part and denying in part motion to compel compliance with court order and to amend protective order by Rabih Haddad [57-1] in 2:02-cv-70339, 2:02-cv-70605, granting in part and denying in part motion for access to proceedings by Det Free Press Inc [55-1] in 2:02-cv-70339, 2:02-cv-70605 [EOD Date 10/9/02] (kb) (Entered: 10/09/2002)	Clearinghouse
	Oct. 7, 2002	MOTION hearing held on motion to compel compliance with court order and to amend protective order by Rabih Haddad [57-1] in 2:02-cv-70339, motion for access to proceedings by Det Free Press Inc [55-1] in 2:02-cv-70339, motion to compel compliance with court order and to amend protective order by Rabih Haddad [0-1] in 2:02-cv-70605, motion for access to proceedings by Det Free Press Inc [0-1] in 2:02-cv-70605 - disposition: taken under advisement - Judge Nancy G. Edmunds - Court Reporter: Suzanne Jacques (ch)
	Oct. 21, 2002	PROTECTIVE order by Judge Victoria Roberts acting in absence of Judge Nancy G. Edmunds regarding "Protected Information" [EOD Date: 10/23/02] (kb)
61	Nov. 19, 2002	MOTION by plaintiff Rabih Haddad in 2:02-cv-70605 and 2:02-cv-70339 for reconsideration (sealed in vault) (dh) (Entered: 11/20/2002)	RECAP
62	Nov. 19, 2002	MEMORANDUM by plaintiff Rabih Haddad in support of motion for reconsideration [61-1] in (sealed in vault) (dh) (Entered: 11/20/2002)	RECAP
63	Nov. 19, 2002	PROOF of service by plaintiff Rabih Haddad of [62-1] and [61-1] in 2:02-cv-70339, 2:02-cv-70605 (dh) (Entered: 11/20/2002)	RECAP
64	Nov. 20, 2002	NOTICE by government of filing the public portion of Immigration Judge Robert Newberry's October 24, 2002, decision denying plaintiff Rabih Haddad's request for bond redetermination with proof of service (dh) (Entered: 11/21/2002)	RECAP
65	Nov. 21, 2002	MOTION by Rabih Haddad in 2:02-cv-70605 for leave to file sealed motion for reconsideration out of time and notice of filing with exhibits B-C and proof of service (kb) (Entered: 11/25/2002)	RECAP
66	Nov. 22, 2002	NOTICE by Rabih Haddad in 2:02-cv-70605 of filing proposed order granting plaintiff's motion for leave of court to file sealed motion for reconsideration out of time with proof of service (kb) (Entered: 11/25/2002)	RECAP
67	Nov. 25, 2002	RESPONSE by John Ashcroft in 2:02-cv-70339, 2:02-cv-70605 to motion for leave to file sealed motion reconsideration out of time and notice of filing by Rabih Haddad [65-1] in 2:02-cv-70339, 2:02-cv-70605 with proof of service (kb) (Entered: 11/26/2002)	RECAP
68	Nov. 26, 2002	REPLY by plaintiff Rabih Haddad in 2:02-cv-70605 to response to motion for leave to file sealed motion for reconsideration out of time and notice of filing by Rabih Haddad [65-1] in 2:02-cv-70339, motion for leave to file sealed motion for reconsideration out of time and notice of filing by Rabih Haddad [0-1] in 2:02-cv-70605 with exhibit A, and proof of service. (PP) (Entered: 11/27/2002)	RECAP
69	Dec. 19, 2002	ORDER by Judge Nancy G. Edmunds denying motion for leave to file sealed motion for reconsideration out of time and notice of filing by Rabih Haddad [65-1] in 2:02-cv-70339, denying motion for leave to file sealed motion for reconsideration out of time and notice of filing by Rabih Haddad [0-1] in 2:02-cv-70605 [EOD Date 12/20/02], with proof of service. (RH) (Entered: 12/20/2002)	RECAP
70	Jan. 7, 2003	MOTION by plaintiff Rabih Haddad in 2:02-cv-70605 to extend time to file notice of appeal with brief (dh) (Entered: 01/08/2003)	RECAP
71	Jan. 9, 2003	PROOF of service of plaintiff's motion for extension of time to file notice of appeal (dh) (Entered: 01/09/2003)	RECAP
72	Jan. 23, 2003	RESPONSE by Carol Jenifer, Elizabeth Hacker, Michael Creppy, and John Ashcroft in 2:02-cv-70339 in opposition to motion to extend time to file notice of appeal by Rabih Haddad [70-1] in 2:02-cv-70339; with attachment A and proof of service (kb) (Entered: 01/27/2003)	RECAP
73	Jan. 28, 2003	REPLY BRIEF by plaintiff Rabih Haddad in 2:02-cv-70605 to response to motion to extend time to file notice of appeal by Rabih Haddad [70-1] in 2:02-cv-70339 with proof of service (DT) (Entered: 01/29/2003)	RECAP
74	Jan. 29, 2003	EXHIBIT A filed by plaintiff Rabih Haddad (02-cv-70605) in support of response reply by Rabih Haddad [73-1] in 2:02-cv-70339 with proof of service (DT) Modified on 01/30/2003 (Entered: 01/30/2003)	RECAP
75	Feb. 3, 2003	ORDER by Judge Nancy G. Edmunds granting motion to extend time to file notice of appeal by Rabih Haddad [70-1] in 2:02-cv-70339/ 2:02-cv-70605 [EOD Date 2/4/03] (RH) (Entered: 02/04/2003)	RECAP
76	Feb. 5, 2003	MANDATE from USCA affirming the decision of the District Court - appeal case # 02-1437 (lh) (Entered: 02/11/2003)	RECAP
77	Feb. 13, 2003	APPEAL by plaintiff Rabih Haddad in 2:02-cv-70605 and 2:02-cv-70339 of orders [75-1] and [60-1] to USCA with attachment - FEE: NO FEE PAID (lb) (Entered: 02/21/2003)	RECAP
80	Feb. 20, 2003	APPEAL filing fee received from plaintiff Rabih Haddad in 2:02-cv-70605 for appeal notice by Rabih Haddad [77-1] in 2:02-cv-70339 in the amount of $ 105.00 - Receipt # 200482967 - appeal case # (dh) (Entered: 02/21/2003)	RECAP
78	Feb. 21, 2003	PROOF of service of notice of appeal [77-1] in 2:02-cv-70339 and 2:02-cv-70605 to USCA, counsel of record and Court Reporter Suzanne Jacques (lb) (Entered: 02/21/2003)	RECAP
79	Feb. 21, 2003	CERTIFIED copy of appeal notice by Rabih Haddad [77-1] in 2:02-cv-70339 and 2:02-cv-70605 with docket transmitted to USCA (lb) (Entered: 02/21/2003)	RECAP
81	March 11, 2003	ACKNOWLEDGMENT from USCA of receipt of appeal notice of appeal & docket [79-1] in 2:02-cv-70339, appeal notice of appeal & docket [0-1] in 2:02-cv-70605 - appeal case # 03-1253 (PP) (Entered: 03/12/2003)	RECAP
82	March 17, 2003	TRANSCRIPT order form by plaintiff Rabih Haddad in 2:02-cv-70605 regarding appeal notice by Rabih Haddad [77-1] in 2:02-cv-70339, appeal notice by Rabih Haddad [0-1] in 2:02-cv-70605 requesting transcript(s) of: 10/7/02 -appeal case # 03-1253 (RH) (Entered: 03/27/2003)	RECAP

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Case Details

State / Territory:

Michigan

Case Type(s):

Immigration and/or the Border

Speech and Religious Freedom

Key Dates

Filing Date: Jan. 28, 2002

Closing Date: Nov. 25, 2003

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Two Michigan newspapers, the Detroit Free Press and the Detroit News, and a Michigan resident subject to removal proceedings.

Plaintiff Type(s):

Private Plaintiff

Public (for-profit) corporation

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU of Michigan

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Chief Immigration Judge of the U.S.

U.S. Attorney General

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Other Dockets:

Eastern District of Michigan 2:02-cv-70339

U.S. Court of Appeals for the Sixth Circuit 02-01437

Eastern District of Michigan 2:02-cv-70605

Eastern District of Michigan 2:02-cv-70340

U.S. Court of Appeals for the Sixth Circuit 02-02189

U.S. Court of Appeals for the Sixth Circuit 03-01253

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Required disclosure

Order Duration: 2002 - 2003

Issues

General/Misc.:

Access to lawyers or judicial system

Courts

Records Disclosure

Terrorism/Post 9-11 issues

Immigration/Border:

Constitutional rights

Deportation - judicial review

Deportation - procedure

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Recommended Citation

Case Summary of Detroit Free Press Inc. v. Ashcroft, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/45335/ (last updated 5/2/2024).