Case: Ali v. Ashcroft

Ali v. Gonzalez

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

Ali v. Gonzales

U.S. Court of Appeals for the Ninth Circuit

Ali v. Gonzales

CONSOLIDATED PETITION FOR 2241 WRIT OF HABEAS CORPUS FOR INDIVIDUALS IN FEDERAL CUSTODY by petitioners Receipt No. 308425 (DM) (Entered: 11/13/2002)

MOTION by petitioners for temporary restraining order (DM) (Entered: 11/13/2002)

DECLARATION of Nicholas Gellert (DM) (Entered: 11/13/2002)

AFFIDAVIT OF SERVICE by petitioner order lodged [0−0], declaration [3−1], motion for temporary restraining order [2−1], habeas corpus petition [1−1] (DM) (Entered: 11/13/2002)

LODGED ORDER: re: motion for temporary restraining order [2−1] (DM) (Entered: 11/13/2002)

ORDER by Judge Marsha J. Pechman GRANTING motion for temporary restraining order [2−1] until 11/22/02 at 1:30; Order to Show Cause ddl 11/19/02 (cc: counsel, Judge) (DM) (Entered: 11/14/2002)

ATTORNEY APPEARANCE for respondent John D Ashcroft, respondent INS, respondent Robert S Coleman Jr by Chris Pickrell (MD) (Entered: 11/18/2002)

LODGED ORDER: stipulated motion and order extending TRO and setting schedule (MD) (Entered: 11/18/2002)

STIPULATION and ORDER by Judge Marsha J. Pechman extending TRO and setting schedule. (cc: counsel, Judge) (MD) (Entered: 11/18/2002)

FIRST AMENDED COMPLAINT/CONSOLIDATED PETITION by petitioners for Habeas Corpus for Individuals in Federal Custody − Class Action (MD) (Entered: 11/27/2002)

MOTION by petitioners for temporary restraining order maintaining status quo until ruling by the court on the merits (MD) (Entered: 12/05/2002)

DECLARATION of Karol Dezwager Brown re motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] (MD) (Entered: 12/05/2002)

DECLARATION of Michele Garnett McKenzie re motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] (MD) (Entered: 12/05/2002)

AFFIDAVIT OF SERVICE by petitioner of motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] (MD) (Entered: 12/05/2002)

LODGED ORDER: re: motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] (MD) (Entered: 12/05/2002)

ORDER by Judge Marsha J. Pechman SETTING hearing on petitioners' motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] at 3:00 12/9/02; response due 12/9/02; parties agree to maintain status quo until 12/9/02 hearing on TRO (cc: counsel, Judge, ES) (VK) (Entered: 12/05/2002)

AMENDED ATTORNEY APPEARANCE for respondents by Greg D Mack (MD) (Entered: 12/09/2002)

NOTICE by respondent OF RELATED CASE(s) C01−1614L;C02−832P et al (MD) (Entered: 12/09/2002)

MOTION by respondent INS for leave to file overlength brief: opposition to petitioners' motion for tro NOTED FOR 12/9/02 (MD) (Entered: 12/09/2002)

MINUTES: MJP; ; CR: Laurene Kelly; Pla Counsel Thomas Boeder; Def Counsel Mack/Pickrell/Klein. Telephonic Oral argument held on 12/9/02. MJP Grants the TRO and briefing schedule was established. No bond will be required. Respondents' request to stay the effect of the fuling on the TRO was denied. (MD) (Entered: 12/13/2002)

LODGED ORDER: re: motion for leave to file overlength brief: opposition to petitioners' motion for tro [17−1] (MD) (Entered: 12/09/2002)

PROPOSED Respondents' opposition and exhibits re: motion for leave to file overlength brief: opposition to petitioners' motion for tro [17−1] (MD) (Entered: 12/09/2002)

ORDER by Judge Marsha J. Pechman GRANTING petitioner's motion for temporary restraining order maintaining status quo until ruling by the court on the merits [9−1] Oral Argument scheduled for 9:00 1/14/03; response due 12/16/02; petitioners may file opposition by 1/10/03 (cc: counsel, Judge) (LS) (Entered: 12/10/2002)

TRANSCRIPT of proceedings for the following date(s): 12/9/02 (Re: Emergency Motion Hearing) CR initials: L. Kelly (SA) (Entered: 12/13/2002)

NOTICE by respondents of filing INS Administrative Records (MD) (Entered: 12/17/2002)

RESPONSE and Return by respondent to petitioners' first amended consolidated petition for HC for individuals in Fed Custody−Class Action re: complaint [8−1] (MD) (Entered: 12/17/2002)

EXHIBITS re: response [22−1] (MD) (Entered: 12/17/2002)

MOTION by respondent for leave to file overlength return brief in opposition NOTED FOR 12/16/02 (MD) (Entered: 12/17/2002)

LODGED ORDER: re: motion for leave to file overlength return brief in opposition [24−1] (MD) (Entered: 12/17/2002)

ORDER by Judge Marsha J. Pechman GRANTING respondents' motion for leave to file overlength return brief in opposition [24−1] (cc: counsel, Judge) (MD) (Entered: 12/19/2002)

MINUTES: BJR; Pla Counsel Susan Foster/Nick Gellert; Def Counsel Greogry Mack. Telephone conference held on 12/24/02 re: discovery dispute (MD) (Entered: 12/26/2002)

MOTION by petitioner to certify class action NOTED FOR 1/14/03 (VK) (Entered: 12/30/2002)

DECLARATION of Thomas L. Boeder by petitioner re motion to certify class action [28−1] − atty qualifications (VK) (Entered: 12/30/2002)

AFFIDAVIT OF SERVICE by petitioner motion to certify class action [28−1] etc. (VK) (Entered: 12/30/2002)

LODGED ORDER: re: motion to certify class action [28−1] (VK) (Entered: 12/30/2002)

ERRATA to declaration of Thomas L Boeder [29−1] (MD) (Entered: 01/02/2003)

REPLY and Traverse by petitioners [28−1] (MD) (Entered: 01/13/2003)

DECLARATION of Nicholas P Gellert re: reply [32−1] (MD) (Entered: 01/13/2003)

DECLARATION of Susan E Foster re: reply [32−1] (MD) (Entered: 01/13/2003)

DECLARATION of Joan M Fitzpatrick re: reply [32−1] (MD) (Entered: 01/13/2003)

AFFIDAVIT OF SERVICE by petitioners of reply [32−1] (MD) (Entered: 01/13/2003)

MEMORANDUM by respondent in opposition to petitioners' motion and memorandum in support to certify class action [28−1] (MD) (Entered: 01/14/2003)

SUPPLEMENT by petitioner traverse and reply re motion to certify class action [28−1] (MD) (Entered: 01/14/2003)

DECLARATION (supplemental) of Susan E Foster re: supplemental [38−1] (MD) (Entered: 01/14/2003)

AFFIDAVIT OF SERVICE by petitioner of supplemental [38−1] (MD) (Entered: 01/14/2003)

MINUTES: MJP; Dep Clerk: Eileen; CR: L Kelly; Pla Counsel Thomas Boeder; Def Counsel Gary Mack. In−court hrg held on 1/14/03 re: petitioner's motion for prel inj. GRANTING motion to certify class action [28−1] and motion for prel inj. Court will issue a written opinion by Friday 1/17/03. Petitioners are remanded to custody. (MD) (Entered: 01/15/2003)

TRANSCRIPT of proceedings for the following date(s): 1/14/03 (Re: Court's Ruling) CR initials: L. Kelly (SA) (Entered: 01/16/2003)

TRANSCRIPT of proceedings for the following date(s): 1/14/03 (Re: Oral Argument) CR initials: L. Kelly (SA) (Entered: 01/16/2003)

SUPPLEMENTAL MEMORANDUM by petitioners' re jurisdiction and detention [28−1] (MD) (Entered: 01/21/2003)

RESPONSE by respondent to court's request for briefing on procedural matters regarding detention of petitioners and re: motion to certify class action [28−1] (MD) (Entered: 01/21/2003)

ORDER GRANTING INJUNCTION AND CERTIFYING CLASS by Judge Marsha J. Pechman. The use of a class action is necessary to litigate to open the doors of the courthouse for a large number of Somalis whose identity and location the Government refuses to reveal. A permanent injunction shall issue on behalf of the class. The individual Petitioners Ali Hundiye, and Aweys shall be released pursuant to this Court's Order. (cc: counsel, Judge) (CL) (Entered: 01/17/2003)

NOTICE by respondents of petitioners' release as to Ali; Aweys; and Hussein re: order [44−1] (MD) (Entered: 01/28/2003)

NOTICE OF APPEAL (03−35096) by respondent Robert S Coleman Jr, respondent INS, respondent John D Ashcroft from Dist. Court decision [44−1] (cc: CCA, Judge, counsel) (SA) Modified on 02/12/2003 (Entered: 02/10/2003)

APPEAL FEE NOT RECEIVED: Fee not required, government agency. (SA) (Entered: 02/10/2003)

APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (SA) (Entered: 02/10/2003)

TIME SCHEDULE ORDER (CCA 03−35096) Appellant notify appellee of trans. ordered 2/18/03; appellee notify appellant of additional trans. 2/27/03; appellant file trans with district court 3/10/03; Court Reporter file trans. 4/9/03; Appellant opening brief due 5/27/03; Appellee brief due 6/25/03; Reply brief due w/in 14 days of service of appellee brief. (SA) (Entered: 02/12/2003)

NOTIFICATION by Circuit Court of Appellate Docket Number 03−35096 (SA) (Entered: 02/12/2003)

TRANSCRIPT DESIGNATION and Ordering Form for dates: 12/9/02, 1/14/02 [48−1] filed by Christopher Pickrell. (SA) (Entered: 02/24/2003)

MOTION by petitioner for attorney fees and costs NOTED FOR 3/7/03 (MD) (Entered: 02/21/2003)

DECLARATION of Nicholas P Gellert re motion for attorney fees and costs [50−1] (MD) (Entered: 02/21/2003)

AFFIDAVIT OF SERVICE by petitioner of motion for attorney fees and costs [50−1] (MD) (Entered: 02/21/2003)

LODGED ORDER: re: motion for attorney fees and costs [50−1] (MD) (Entered: 02/21/2003)

ORDER (CCA 03−35096) Appellants' motion to expedite briefing, oral argument, is GRANTED. Motion to expedite disposition shall be referred to the panel. District Court Clerk is requested to issue Certificate of Record as soon as practicable. Opening brief due 3/21/03; answering brief due 4/21/03; optional reply brief due 14 days from service of answering brief. CCA, Judge, counsel) (SA) (Entered: 02/25/2003)

RESPONSE by respondents IN OPPOSITION to motion for attorney fees and costs [50−1] (LS) (Entered: 03/04/2003)

REPLY by petitioners' re: on fee motion [50−1] (MD) (Entered: 03/06/2003)

CLERK'S RECORD ON APPEAL transmitted to Circuit (vol. 1−4, exp. 1−3) (SA) (Entered: 05/23/2003)

ORDER by Judge Marsha J. Pechman GRANTING petitioners' motion for attorney fees and costs [50−1] (cc: counsel, Judge) (MD) (Entered: 05/28/2003)

JUDGMENT: by Judge Marsha J. Pechman, It is ordered and adjudged petitioners are awarded costs and fees in the amount of $129,449.46 (cc: counsel, Judge, Jgm. Book) Entered on: 5/28/03 (MD) (Entered: 05/28/2003)

JUDGMENT: by Judge Marsha J. Pechman, It is ordered and adjudged− pursuant to this Court's order of 1/17/03 a permanent injunction prehibiting removal of Somali nationals to Somalia is entered. Petitioners Aweys, Ali and Hundiye are ordered release. Filing of this judgment was intended to be concurrent with that order. (cc: counsel, Judge, Jgm. Book) Entered on: 5/28/03 (MD) (Entered:

LODGED ORDER: re: motion for reconsideration/alter or amend the Court's 5/28/03 judgment awarding fees and costs to petitioners [60−1] (MD) (Entered: 06/10/2003)

MINUTE ORDER: by Judge Marsha J. Pechman Court hereby calls for a response pursuant to Local Rule CR7(h)(3). Such response shall be due on 6/23/03 and a reply due on 6/26/03 re: Gov motion to alter or amend judgment. (cc: counsel, Judge) (MD) (Entered: 06/19/2003)

RESPONSE/OPPOSITION to Motion filed by Petitioner Yusuf Ali Ali re 60 Motion for Reconsideration/alter or amend judgment awarding fees and costs to petitioners (MD, ) (Entered: 06/26/2003)

REPLY to Response to Motion filed by Respondent John D Ashcroft re 60 Motion for Reconsideration/alter or amend judgment (MD, ) (Entered: 07/01/2003)

SURREPLY filed by Petitioner Yusuf Ali Ali re 60 Motion for Reconsideration (Attachments: # 1)(MD, ) (Entered: 07/07/2003)

MOTION to Amend/correct EAJA reply by Respondent John D Ashcroft. Noting Date 7/18/2003. (Attachments: # proposed order (1))(MD, ) (Entered: 07/07/2003)

REPLY to Response to Motion filed by Respondent John D Ashcroft re 60 Motion for Reconsideration/alter or amend judgment awarding fees and costs to petitioners (MD, ) (Entered: 07/07/2003)

RESPONSE to Motion filed by Petitioner Yusuf Ali Ali re 65 MOTION to Amend (MD, ) (Entered: 07/17/2003)

CERTIFICATE OF SERVICE re 67 Response to Motion. (MD, ) (Entered: 07/17/2003)

NOTICE OF APPEAL (03−35620) as to 58 Judgment, 57 Order by Respondent John D Ashcroft. (Pickrell, Christopher) Modified on 8/6/2003 (SA, ). (Entered: 07/28/2003)

Appeal Fees not received: fee in the amount of $ 0. (receipt # n/a) re 69 Notice of Appeal filed by John D Ashcroft (SA, ) (Entered: 07/29/2003)

APPEAL NOTIFICATION packet sent to US Court of Appeals re 69 Notice of Appeal (SA, ) (Entered: 07/29/2003)

MINUTE ORDER granting 65 Motion to Amend Reply Brief. by Judge Marsha J. Pechman. (JS) (Entered: 07/30/2003)

ORDER denying 60 Motion to Alter or Amend Judgment pursuant to FRCP 59(e). by Judge Marsha J. Pechman. (JS) (Entered: 07/30/2003)

USCA Case Number (03−35620) for 69 Notice of Appeal filed by John D Ashcroft. (SA, ) (Entered: 08/06/2003)

NOTICE OF APPEAL (03−35791) as to 71 Order on Motion for Reconsideration by Respondent John D Ashcroft. (Pickrell, Christopher) Modified on 10/3/2003 (SA, ). (Entered: 09/26/2003)

Appeal Fees NOT received: fee not required for government appellant. (SA, ) (Entered: 09/30/2003)

APPEAL NOTIFICATION packet sent to US Court of Appeals re 73 Notice of Appeal (SA, ) (Entered: 09/30/2003)

USCA Case Number 03−35791 for 73 Notice of Appeal filed by John D Ashcroft. (SA, ) (Entered: 10/03/2003)

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman − Pla Counsel: Nick Gellert ; Def Counsel: Greg Mack ; Telephone Conference held on 8/3/2004. The parties are to submit briefing on 1) whether this Court has jurisdiction to take any action in light of the current posture before the Ninth Circuit, and 2) proposed notice to the class members currently in detention regarding the current status of the case. Briefing should be filed by 8/11. Oral Argument set for 8/24/2004 at 9:00 am, before Hon. Marsha J. Pechman. Class counsel directed to contact the two individuals who have contacted the Court to inform them of the current status.(RG, ) (Entered: 08/03/2004)

Set/Reset Hearings: Oral Argument/In−court Hearing set for 8/24/2004 09:00 AM before Hon. Marsha J. Pechman. (MD, ) (Entered: 08/04/2004)

MEMORANDUM re 77 Telephone Conference,, Re: Notice to Detained Class Members by Petitioner Yusuf Ali Ali. (Gellert, Nicholas) (Entered: 08/10/2004)

MEMORANDUM Concerning the Court's Post−Appeal Authority and Proposed Notice to Class Members by Respondents John D Ashcroft, Robert S Coleman Jr, Immigration and Naturalization Service US. (Attachments: # 1 Exhibit A − part 1# 2 Exhibit A − part 2# 3 Exhibit 2− Filed Under Seal)(Pickrell, Christopher) (Entered: 08/10/2004)

DECLARATION of Kevin Magnuson re 78 Memorandum re: Notice to Detained Class Members by Petitioner Yusuf Ali Ali. (Attachments: # 1 Exhibit pages 7−16)(Gellert, Nicholas) (Entered: 08/10/2004)

SEALED DOCUMENT Declaration of Nicholas Gellert by Petitioner Yusuf Ali Ali re 78 Memorandum. (Attachments/exhibits: # 1 # 2 # 3 # 4 # 5 # 6)(Gellert, Nicholas) Modified text on 8/11/2004 (MD, ). (Entered: 08/10/2004)

SEALED DOCUMENT Exhibit 2 by Respondents John D Ashcroft, Robert S Coleman Jr, Immigration and Naturalization Service US re 79 Memorandum. Originally filed electronically by counsel on 8/10/2004 as Ex Parte/Sealed. (AF, ) (Entered: 08/12/2004)

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman − Dep Clerk: Eileen Scollard ; CR: Joseph Roth ; Pla Counsel: Nicolas Gellert, et al ; Def Counsel: Greg Mack, et al ; In Court Hearing held on 8/25/04. Discussion re Notice, order on website, receipt mechanism, etc. Court directs counsel to work with Law Clerk,Joseph Shaeffer. (ES) (Entered: 08/25/2004)

REQUEST by Petitioner Yusuf Ali Ali for Entry of Order Regarding Notices re 84 In Court Hearing,. (Attachments: # 1 Proposed Order RE Notice of Classwide Injunction# 2 Exhibit to Proposed Order [pgs 5−19])(Gellert, Nicholas) (Entered: 09/02/2004)

DECLARATION of Nicholas Gellert re 85 Request for Entry of Order Re Notices by Petitioner Yusuf Ali Ali. (Attachments: # 1 Exhibit to Declaration of Nicholas Gellert)(Gellert, Nicholas) (Entered: 09/02/2004)

RESPONSE by Respondents John D Ashcroft, Immigration and Naturalization Service US re 85 Request Respondents' Response to Petitioners' Request for Entry of Order Regarding Notices . (Pickrell, Christopher) (Entered: 09/08/2004)

NOTICE of Appearance (Dahl, Christine) (Entered: 09/08/2004)