CCaassee22::0085--cmv-c0-02907295-DSCDocuDmoecunmt 1e0n1t31 FFiilleedd0077//1101//22000088 PPaaggee11ooff55

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

WILMER URBINA AND RUTILO ROMERO-RAMIREZ on behalf of OMAR ROMERO-VILLEGAS, a minor, individually and on behalf of all others similarly situated,
Petitioners,
v.
RAMON C. RUSTIN, Warden, Allegheny County Jail,
Respondent.

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Civil Action No.

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Class Action

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PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 I. Preliminary Statement
Attorneys Donald Driscoll and Evalynn Welling on behalf of Wilmer Urbina and Rutilo Romero-Ramirez, parent of Omar Romero-Villegas, a minor, and on behalf of Omar RomeroVillejas in his own right and all others similarly situated petition this Court for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Wilmer Urbina, Omar Romero-Villegas and others have been detained in the Allegheny County Jail without due process nor any other lawful authority. In support thereof the following is stated: II. Jurisdiction and Venue
1. This Court has jurisdiction and may issue relief pursuant to 28 U.S.C. § 2241 (habeas corpus), 28 U.S.C. § 1331 (federal question) and 42 U.S.C. § 1983 (civil rights).
2. Venue is proper in the Western District of Pennsylvania pursuant to 28 U.S.C. § 2241 because Wilmer Urbina, Omar Romero-Villegas and others on whose behalf this matter is brought are in custody at the Allegheny County Jail in Pennsylvania.

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III. Parties 3. Petitioner Wilmer Urbina is an adult individual who is presently detained in the
Allegheny County Jail. 4. Petitioner Rutilo Romero-Ramirez is an adult individual and the father of Omar
Romero-Villegas, who is 17 years old and is presently detained in the Allegheny County Jail. 5. Respondent Ramon C. Rustin is the Warden of the Allegheny County Jail and is
the immediate custodian of Mr. Urbina, Mr. Romero-Villegas and others who are similarly situated. IV. Class Action Allegations
6. This action is brought, as in Fed.R.Civ.P. 23(b)(2) and (3), on behalf of a class consisting of all who are or will be detained in the Allegheny County Jail without being provided due process and based solely on an immigration detainer which does not authorize their detention.
7. The class is so numerous that joinder of all members is impracticable. Although the precise size of the class is unknown, in one recent month it is believed that there were as many as 76 individuals being improperly held on immigration detainers and without due process.
8. There are questions of law or fact common to the class, specifically whether an immigration detainer authorizes the Respondent Warden to detain members of the class indefinitely and without due process.
9. The claims of the representative parties are typical of the claims of the class. Each have been detained pursuant to the same alleged authority.
10. The representative parties will fairly and adequately protect the interests of the class. Their counsel is experienced in class actions raising civil rights claims.

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11. Adjudications with respect to individual members of the class would, as a practical matter, be dispositive of the interests of the class who are not parties or substantially impair their ability to protect their interests.
12. The Respondent has acted or refused to act on grounds generally applicable to the class, thereby making appropriate relief with respect to the class as a whole.
13. To the extent there are individual issues among class members involving relief, these are subordinate to the common question raised, making a class action a superior method for the fair and efficient adjudication of the controversy. V. Factual Allegations
14. Wilmer Urbina was arrested following a traffic stop in Wilkinsburg, Pa. on April 3, 2008.
15. At the request of the charging police officer his preliminary hearing was continued from April 10, 2008 until June 26, 2008 and upon the initiation of the Magisterial District Judge from June 26, 2008 until July 3, 2008. All pending charges were dismissed on July 3, 2008.
16. Omar Romero-Villegas was arrested after leaving his place of employment in Ross Township Pa. on June 11, 2008.
17. All criminal charges against Omar Romero-Villegas were withdrawn on or before June 27, 2008.
18. Petitioners and others have been continuously confined in the Allegheny County Jail due to detainers placed on them by federal Immigration and Customs Enforcement agents.
19. At most these detainers provide that those subject to them be held for no more than 48 hours from the time state authorized custody has ended.

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20. Petitioners Urbina and Romero-Villegas and others similarly situated are entitled to immediate release. VI. Causes of Action
Violation of the Due Process Clause of the Fourteenth Amendment 21. Because there is no authority for the petitioners’ detention and they have been provided with no process to demonstrate that this detention is erroneous, this continued detention violates the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States. VII. Prayer for Relief WHEREFORE, Petitioners respectfully request that this Court:
a. Assume jurisdiction over this matter; b. Order Respondent to show cause why the writ of habeas corpus should not
be granted, pursuant to 28 U.S.C. § 2243; c. Grant the writ of habeas corpus and order the immediate release from
custody of Mr. Urbina and Mr. Romero-Villegas and all others similarly situated on the grounds that their detention is not authorized by statute and violates due process; d. Grant such other relief as is authorized by the laws upon which Petitioners rely.
Respectfully submitted, /s/Donald Driscoll PA ID# 21548 Community Justice Project Suite 1705, 429 Forbes Av.

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Evalynn PA Community Suite Pittsbu (412)
Counsel

Pittsburgh, PA 15219 (412) 434-6012 dondriscoll@earthlink.net
B. Welling ID# 31993
Justice Project 1705, 429 Forbes Av. rgh, PA 15219 434-6002 evalynnbwelling@earthlink.net
for Petitioners

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 Case 2:08-cv-00979-DSC Document 14 Filed 07/23/08 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

WILMER URBINA and

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RUTILO ROMERO-RAMIREZ,

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on behalf of OMAR ROMERO-

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VILLEGAS, a minor, individually and )

on behalf of all others similarly situated, )

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Petitioners,

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v.

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RAMON C. RUSTIN, Warden

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Allegheny County Jail,

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Respondent.

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2:08cv979 Electronic Filing

ORDER OF COURT AND NOW, this 23rd day of July, 2008, upon consideration of the Petition for Writ of

Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Document No. 1), the response to this Court’s

Show Cause Order, and after argument in open court,

IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus filed on behalf

of the named Petitioners is DENIED as moot and this action is dismissed.

IT IS FURTHER ORDERED that the motion for Class Certification (Document No.

12), the named Petitioners clearly being inadequate representatives of the class as their

petition has been determined to be moot, is DENIED. The Clerk shall mark this case closed.

cc: Donald Driscoll, Esquire Evalynn B. Welling, Esquire Community Justice Project 429 Forbes Avenue 1705 Allegheny Building Pittsburgh, PA 15219
Megan Farrell Assistant United States Attorney
Michael H. Wojcik, Esquire Allegheny County Law Department 300 Fort Pitt Commons 445 Fort Pitt Boulevard Pittsburgh, PA 15219

s/ David Stewart Cercone David Stewart Cercone United States District Judge

 
 Case: 2:08-cv-979 As of: 11/10/2013 10:30 AM EST 1 of 3
CLOSED,HABEAS
U.S. District Court Western District of Pennsylvania (Pittsburgh) CIVIL DOCKET FOR CASE #: 2:08−cv−00979−DSC

URBINA et al v. RUSTIN Assigned to: David S. Cercone Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Petitioner

Date Filed: 07/11/2008 Date Terminated: 07/23/2008 Jury Demand: None Nature of Suit: 530 Habeas Corpus (General) Jurisdiction: Federal Question

WILMER URBINA AND

represented by Donald Driscoll Community Justice Project 429 Forbes Avenue 1705 Allegheny Building Pittsburgh, PA 15219 (412) 434−6012 Email: ddriscoll@cjplaw.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner
RUTILO ROMERO−RAMIREZ on behalf of OMAR ROMERO−VILLEGAS, a minor, individually and on behalf of all others similarly situated

represented by Donald Driscoll (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Evalynn B. Welling Community Justice Project 429 Forbes Avenue, Suite 1705 Pittsburgh, PA 15219 (412) 434−6002 Email: ewelling@cjplaw.org ATTORNEY TO BE NOTICED

V.
Respondent
RAMON C. RUSTIN Warden, Allegheny County Jail

represented by Megan Farrell United States Attorney's Office (PGH) 700 Grant Street Suite 4000 Pittsburgh, PA 15219 (412) 894−7429 Email: megan.farrell@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael H. Wojcik Allegheny County Law Department 300 Fort Pitt Commons 445 Fort Pitt Boulevard Pittsburgh, PA 15219 (412) 350−1120 Email: mwojcik@county.allegheny.pa.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:08-cv-979 As of: 11/10/2013 10:30 AM EST 2 of 3

Date Filed 07/11/2008 07/14/2008
07/15/2008 07/15/2008 07/15/2008 07/15/2008 07/16/2008 07/16/2008 07/17/2008 07/17/2008 07/21/2008 07/23/2008 07/23/2008
07/23/2008

# Docket Text
1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 948478), filed by WILMER URBINA, RUTILO ROMERO−RAMIREZ. (Attachment: # 1 Civil Cover Sheet) (jsp) (Entered: 07/11/2008)
2 ORDER TO SHOW CAUSE − Respondent, Ramon C. Rustin, shall show cause why the petition for writ of habeas corpus should not be granted on or before Wednesday, July 16, 2008. IT IS FURTHER ORDERED that a hearing on Petitioners' Writ is hereby scheduled for Wednesday, July 23, 2008, at 10:00 a.m. Courtroom No. 7A, 7th Floor, United States Post Office &Courthouse, Pittsburgh, PA. Respondent shall produce Petitioner, WILMER URBINA, and minor detainee OMAR ROMERO−VILLEGAS at the hearing. IT IS FURTHER ORDERED that Petitioner shall immediately serve a copy of this Rule to Show Cause and Order setting the hearing upon Respondent and counsel for Respondent via electronic mail and hand delivery; and upon service of this Rule to Show Cause and Order, Petitioners shall file a return of service forthwith. Signed by Judge David S. Cercone on 7/14/08. (jmc) (Entered: 07/14/2008)
3 NOTICE of Appearance by Evalynn B. Welling on behalf of RUTILO ROMERO−RAMIREZ (Welling, Evalynn) (Entered: 07/15/2008)
4 DECLARATION (Return of Service) re 2 Order to Show Cause by RUTILO ROMERO−RAMIREZ Affiant: Donald Driscoll. (Welling, Evalynn) Modified on 7/16/2008. (jsp) (Entered: 07/15/2008)
5 NOTICE of Appearance by Michael H. Wojcik on behalf of RAMON C. RUSTIN (Wojcik, Michael) (Entered: 07/15/2008)
6 RESPONSE to 2 Order to Show Cause filed by RAMON C. RUSTIN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Wojcik, Michael) Modified on 7/16/2008. (jsp) (Entered: 07/15/2008)
7 MOTION to Expedite Discovery by WILMER URBINA. (Attachments: # 1 Proposed Order, # 2 Exhibit A) (Driscoll, Donald) Modified to remove duplicative attachment description on 7/17/2008. (jsp) (Entered: 07/16/2008)
8 MOTION for Extension of Time to File Response/Reply as to 2 Order to Show Cause by RAMON C. RUSTIN. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Farrell, Megan) Modified on 7/17/2008. (jsp) (Entered: 07/16/2008)
9 ORDER granting 8 Motion for Extension of Time to File Response to Rule to Show Cause. Responses due by 7/21/2008. Signed by Judge David S. Cercone on 7/17/08. (jmc) (Entered: 07/17/2008)
10 ORDER denying 7 Motion for Expedited Discovery. Signed by Judge David S. Cercone on 7/17/08. (jmc) (Entered: 07/17/2008)
11 RESPONSE to 2 Order to Show Cause, 1 Petition for Writ of Habeas Corpus, filed by RAMON C. RUSTIN. (Attachments: # 1 Simon Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G) (Farrell, Megan) Modified on 7/22/2008. (jsp) (Entered: 07/21/2008)
12 MOTION to Certify Class by WILMER URBINA, RUTILO ROMERO−RAMIREZ. (Attachment: # 1 Proposed Order) (Driscoll, Donald) Modified on 7/24/2008. (jsp) (Entered: 07/23/2008)
13 ORDER re 1 Petition for Writ of Habeas Corpus filed by WILMER URBINA, RUTILO ROMERO−RAMIREZ is DENIED as moot and this action is dismissed. MOTION to Certify Class filed by WILMER URBINA is DENIED. The Clerk is to mark CASE CLOSED. Signed by Judge David S. Cercone on 7/23/08. (jmc) (Entered: 07/23/2008)
14 CORRECTIVE ENTRY re 13 CORRECTED ORDER denying Petition for Writ of Habeas Corpus filed by WILMER URBINA, RUTILO ROMERO−RAMIREZ as moot and dismissing action. Order also denying MOTION to Certify Class filed by WILMER URBINA. (jmc) (Entered: 07/23/2008)

Case: 2:08-cv-979 As of: 11/10/2013 10:30 AM EST 3 of 3

07/23/2008

15 Minute Entry for Show Cause Hearing on Petition for Writ of Habeas Corpus held before Judge David S. Cercone on 7/23/2008: Petition for Writ of Habeas Corpus denied as moot. Case dismissed. Order filed. (Court Reporter: Wenger) (jmc) (Entered: 07/23/2008)