Case 5:20-cv-00627 Document 1 Filed 03/30/20 Page 1 of 24 Page ID #:1

1 JESSICA KARP BANSAL (SBN 277347) jbansal@aclusocal.org
2 MICHAEL KAUFMAN (SBN 254575) mkaufman@aclusocal.org
3 MICHELLE (MINJU) CHO (SBN 321939) mcho@aclusocal.org
4 ACLU Foundation of Southern California 1313 West 8th Street
5 Los Angeles, CA 90017 Telephone: (213) 977-9500
6 Attorneys for Plaintiffs-Petitioners
7 (Additional counsel listed on following page)

8

9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11

EASTERN DIVISION

12

13 JOSE ROBLES RODRIGUEZ;

) Case No. 5:20-CV-00627

CHARLESTON EDWARD DACOFF; )

14 JOSE HERNANDEZ VELASQUEZ; ) ADELANTO COVID

LUIS LOPEZ SALGADO; PAOLA

)

15 RAYON VITE; MARTIN VARGAS ARELLANO,

) VERIFIED PETITION FOR ) WRIT OF HABEAS CORPUS

16

) AND COMPLAINT FOR

Petitioners-Plaintiffs,

) INJUNCTIVE AND

17

) DECLARATORY RELIEF

v.

)

18

)

CHAD F. WOLF, Acting Secretary, U.S. )

19 Department of Homeland Security;

)

MATTHEW T. ALBENCE, Deputy

)

20 Director and Senior Official Performing )

the Duties of the Director, U.S.

)

21 Immigration and Customs Enforcement; )

DAVID MARIN, Director of the Los )

22 Angeles Field Office, Enforcement and )

Removal Operations, U.S. Immigration )

23 and Customs Enforcement; and JAMES )

JANECKA, Warden, Adelanto ICE

)

24 Processing Center,

)

)

25

Respondents-Defendants. )

26

27

28

Case 5:20-cv-00627 Document 1 Filed 03/30/20 Page 2 of 24 Page ID #:2
1 Additional counsel for Plaintiffs-Petitioners: 2 DAVID FATHI**
dfathi@aclu.org 3 EUNICE H. CHO**
echo@aclu.org 4 ACLU Foundation, National Prison Project
915 15th Street N.W., 7th Floor 5 Washington, DC 20005
Telephone: (202) 548-6616 6
MICHAEL TAN* 7 mtan@aclu.org
OMAR C. JADWAT* 8 ojadwat@aclu.org
ACLU Foundation, Immigrants’ Rights Project 9 125 Broad Street, 18th Floor
New York, NY 10004 10 Telephone: (212) 549-2600 11 STEPHEN KANG (SBN 292280)
skang@aclu.org 12 MY KHANH NGO (SBN 317817)
mngo@aclu.org 13 ACLU Foundation, Immigrants’ Rights Project
39 Drumm Street 14 San Francisco CA 94111
Telephone: (415) 343-0774 15
*Pro hac vice application forthcoming 16
**Pro hac vice application forthcoming; not admitted in D.C., practice limited to 17 federal courts 18 19 20 21 22 23 24 25 26 27 28

Case 5:20-cv-00627 Document 1 Filed 03/30/20 Page 3 of 24 Page ID #:3

1

2

INTRODUCTION

3

1. Petitioners-Plaintiffs (Plaintiffs) are detained at the Adelanto ICE

4 Processing Center (“Adelanto”) and are highly vulnerable to serious illness and

5 death from the COVID-19 global pandemic. Recognizing the gravity of the threat

6 COVID-19 presents to Adelanto detainees, this Court recently ordered the

7 immediate release of two noncitizens subject to immigration detention in Adelanto

8 because of the enormous risk to their health and safety. Castillo v. Barr, TRO and

9 Order to Show Cause (“Castillo TRO”), No. CV 20-605, Dkt. 32, at 11 (March 27,

10 2020). The Court should do the same here.

11

2. COVID-19 is a contagious disease that has spread like wildfire

12 throughout the United States and the world. The number of confirmed cases and

13 deaths rises exponentially by the day, including in the San Bernardino area. There

14 is no specific treatment, vaccine, or cure for COVID-19, and no one is immune.

15

3. COVID-19 will soon reach Adelanto, if it has not already. The

16 Plaintiffs in this case are civil detainees of Immigration and Customs Enforcement

17 (“ICE”) in Adelanto, who are currently housed in conditions that put them squarely

18 at risk. They are a mix of older and younger adults, all with pre-existing medical

19 conditions, such as human immunodeficiency virus (HIV), asthma, hepatitis C,

20 diabetes, hypertension, and congestive heart failure, which make them particularly

21 vulnerable to serious complications or death from COVID-19. They are being held

22 in cramped conditions where “social distancing” and adequate hygiene are

23 impossible.

24

4. Clustering vulnerable individuals under these circumstances and

25 waiting for COVID-19 to explode at Adelanto creates not only a humanitarian

26 crisis, but also a constitutional one. Courts have long recognized the Constitution

27 forbids the government from allowing the people in its custody to suffer and die

28 from infectious disease. The nature of the pandemic and the conditions of

1

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1 confinement at Adelanto make it impossible for Respondents-Defendants

2 (“Defendants”) to protect Plaintiffs from risk of infection. That risk of harm is “so

3 grave that it violates contemporary standards of decency to expose anyone

4 unwillingly to such a risk.” Helling v. McKinney, 509 U.S. 25, 36 (1993).

5

5. Just days ago, this Court found that “[u]nder the Due Process Clause,

6 a civil detainee cannot be subject to the current conditions of confinement at

7 Adelanto,” where there is “potential exposure . . . to a serious, communicable

8 disease . . . [that is] very likely to cause a serious illness.” Castillo TRO at 9

9 (quoting Helling, 509 U.S. at 32). Plaintiffs in this case are just as vulnerable as the

10 petitioners in Castillo, and their health conditions place them at serious risk of life-

11 threatening illness or death if they remain in Adelanto.

12

6. This Court is not alone in acting decisively in the face of this

13 enormous public health threat. Around the country, courts, government officials,

14 and prison systems are increasingly recognizing that release from detention is the

15 only way to protect vulnerable detainees from COVID-19. Last week, a panel of

16 the Ninth Circuit sua sponte ordered the immediate release from civil detention of

17 an immigrant who is in removal proceedings, holding that release was necessary

18 “[i]n light of the rapidly escalating public health crisis, which public health

19 authorities predict will especially impact immigration detention centers.”

20 Xochihua-Jaimes v. Barr, No. 18-71460, 2020 WL 1429877, at *1 (9th Cir. Mar.

21 24, 2020). Most courts have reached the same conclusion. See Coronel v. Decker,

22 20-cv-2472, 2020 WL 1487274 (S.D.N.Y. Mar. 27, 2020) (ordering immediate

23 release of four petitioners with chronic medical conditions on due process

24 grounds); Basank v. Decker, No. 1:20-cv-02518, 2020 WL 1481503 (S.D.N.Y.

25 Mar. 26, 2020) (same, for ten petitioners); Jovel v. Decker, 20 Civ. 308 (GBD)

26 (SN), 2020 WL 1467397 (S.D.N.Y. Mar. 26, 2020) (ordering release of petitioner

27 with unspecified medical problems within eight days unless bond hearing

28 provided); see also In re Extradition of Alejandro Toledo Manrique, Case No.

2

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1 19-mj-71055-MAG-1 (TSH), 2020 WL 1307109, at *1 (N.D. Cal. Mar. 19, 2020)

2 (ordering the release of a 74-year old detainee after rejecting “the government’s

3 suggestion that [the plaintiff] should wait until there is a confirmed outbreak of

4 COVID-19 in [the facility] before seeking release” as “impractical [because b]y

5 then it may be too late”); United States v. Perez, 19 Cr. 297 (PAE), 2020 WL

6 1329225, at *1 (S.D.N.Y. Mar. 19, 2020) (ordering release of detainee with serious

7 lung disease and other significant health problems); United States v. Fellela, No.

8 3:19-cr-79, 2020 U.S. Dist. LEXIS 49198, at *1 (D. Conn. Mar. 20, 2020)

9 (ordering release of diabetic criminal defendant awaiting sentencing, even though

10 there had been no confirmed COVID-19 cases in the facility and despite

11 government’s steps to prevent the spread of coronavirus); United States v.

12 Stephens, 15-cr-95 (AJN), 2020 WL 1295155, at *2 (S.D.N.Y. Mar. 19, 2020)

13 (releasing pretrial detainee in light of “the unprecedented and extraordinarily

14 dangerous nature of the COVID-19 pandemic”); People ex rel. Stoughton on

15 behalf of Little et al. v. Brann, Index No. 260154/2020 (Bronx Sup. Ct. Mar. 25,

16 2020) (ordering immediate release of 106 petitioners held at Rikers on a non-

17 criminal technical parole violation who are older or have underlying medical

18 conditions); State v. Ferguson, Order, No. 2019-270536-FH (Mich. Ct. App. Mar.

19 23, 2020) (ordering defendant’s immediate release on bond due to “the public

20 health factors arising out of the present public health emergency”); In re Request to

21 Commute or Suspend County Jail Sentences, Dkt. No. 084230 (N.J. Mar. 22, 2020)

22 (court consent order, creating immediate presumption of release for every person

23 serving a county jail sentence based on COVID-19).

24

7. This Court has the authority to order Defendants to comply with the

25 Fifth Amendment and release Plaintiffs from civil detention at Adelanto. For the

26 reasons discussed below, the Court should require Defendants to temporarily

27 release Plaintiffs from custody and give them the chance to avoid becoming

28 infected with COVID-19, thereby avoiding the heightened risk of serious illness or

3

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1 death that this infection would cause them.

2

3

JURISDICTION AND VENUE

4

8. Jurisdiction is proper and relief is available pursuant to 28 U.S.C.

5 § 1331 (federal question), 28 U.S.C. § 1346 (original jurisdiction), 5 U.S.C. § 702

6 (waiver of sovereign immunity), 28 U.S.C. § 2241 (habeas corpus jurisdiction),

7 and Article I, Section 9, clause 2 of the United States Constitution (the Suspension

8 Clause).

9

9. Venue is proper in the Central District of California under 28 U.S.C.

10 § 1391, because at least one federal Defendant resides in this District, the

11 Individual Plaintiffs are imprisoned in this District, and a substantial part of the

12 events giving rise to the claims in this action took place in this District. Venue is

13 also proper under 28 U.S.C. § 2243 because the immediate custodians of all the

14 Individual Plaintiffs reside in this District.

15

16

PARTIES

17 Plaintiffs

18

10. Plaintiff Jose Robles Rodriguez is a 37-year-old citizen of Guatemala

19 who has been detained by ICE at Adelanto since December 2019. Mr. Robles

20 suffers from diabetes, high blood pressure, and high cholesterol. As a consequence

21 of his health conditions, Mr. Robles has a high risk of serious illness or death if he

22 contracts COVID-19.

23

11. Plaintiff Charleston Edward Dacoff is a 54-year-old citizen of Belize

24 who has been detained by ICE at Adelanto since March 2017. Mr. Dacoff suffers

25 from congestive heart failure, hypertension, and diabetes. Mr. Dacoff suffered a

26 Code Blue (i.e. a life-threatening medical emergency) at Adelanto in 2017. As a

27 consequence of his health conditions and age, Mr. Dacoff has a high risk of serious

28 illness or death if he contacts COVID-19.

4

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1

12. Plaintiff Luis Lopez Salgado is a 40-year-old citizen of Mexico who

2 has been detained by ICE at Adelanto since August 2018. He has been diagnosed

3 with HIV. As a consequence of his health condition, Mr. Lopez Salgado has a high

4 risk of serious illness or death if he contracts COVID-19.

5

13. Plaintiff Paola Rayon Vite is a 35-year-old citizen of Mexico who has

6 been detained by ICE at Adelanto since November 2019. She has been diagnosed

7 with asthma and diabetes, the latter of which requires her blood sugar to be tested

8 twice daily by Adelanto medical staff. As a consequence of her health conditions,

9 Ms. Rayon Vite has a high risk of serious illness or death if she contracts

10 COVID-19.

11

14. Plaintiff Jose Hernandez Velasquez is a 19-year-old citizen of

12 Guatemala who has been detained by ICE at Adelanto since October 2018. Mr.

13 Hernandez Velasquez has been diagnosed with hypertension and prescribed

14 medication to lower his risk of a heart attack. As a consequence of his health

15 conditions, Mr. Hernandez Velasquez has a high risk of serious illness or death if

16 he contracts COVID-19.

17

15. Plaintiff Martin Vargas Arellano is a 54-year-old citizen of Mexico

18 who has been detained by ICE at Adelanto since April 2019. Mr. Vargas Arellano

19 suffers from diabetes, hypertension, and hepatitis C. As a consequence of his

20 health conditions and age, Mr. Vargas Arellano has a high risk of serious illness or

21 death if he contracts COVID-19.

22 Defendants

23

16. Defendant Chad F. Wolf is the Acting Secretary for DHS. In this

24 capacity, he has responsibility for the administration of immigration laws pursuant

25 to 8 U.S.C. § 1103(a), has authority over ICE and its field offices, and has

26 authority to order the release of Plaintiffs. At all times relevant to this Complaint,

27 Defendant Wolf was acting within the scope and course of his position as the

28 Acting Secretary for DHS. Defendant Wolf is sued in his official capacity.

5

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1

17. Defendant Matthew T. Albence is the Deputy Director and Senior

2 Official Performing the Duties of the Director of ICE. Defendant Albence is

3 responsible for ICE’s policies, practices, and procedures, including those relating

4 to the detention of immigrants. Defendant Albence is a legal custodian of

5 Plaintiffs. At all times relevant to this Complaint, Defendant Albence was acting

6 within the scope and course of his position as an ICE official. He is sued in his

7 official capacity.

8

18. Defendant David Marin is the Director for the Los Angeles Field

9 Office of Enforcement and Removal Operations (“ERO”) within ICE, a federal law

10 enforcement agency within the Department of Homeland Security (“DHS”). ERO

11 is a division of ICE that manages and oversees the immigration detention system.

12 In his capacity as Field Office Director for ERO, Defendant Marin exercises

13 control over and is a custodian of immigration detainees held at Adelanto,

14 including all Plaintiffs in this case. At all times relevant to this Complaint,

15 Defendant Marin was acting within the scope and course of his employment with

16 ICE. He is sued in his official capacity.

17

19. Defendant James Janecka is Warden of Adelanto in San Bernardino

18 County, where all Plaintiffs are detained. Defendant Janecka is the immediate,

19 physical custodian of Plaintiffs. He is named in his official capacity.

20

21

FACTUAL ALLEGATIONS

22

23 A. COVID-19 Poses Grave Risk of Harm, Including Serious Illness or Death, to Older Adults and Persons with Certain Medical Conditions.

24

20. COVID-19 is a disease caused by coronavirus that has reached

25 pandemic status.

26

21. In the United States, more than 140,440 people have already tested

27 positive for the virus, and more than 2,438 people have died. The United States

28

6

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1 now has more confirmed cases than any other country in the world. In the Los

2 Angeles metropolitan area, there are 2,567 confirmed cases and 41 known deaths.

3 Since the Court entered the Castillo TRO three days ago, the number of confirmed

4 cases in San Bernardino County has increased by 73%.

5

22. COVID-19 infects people who come into contact with respiratory

6 droplets that contain the coronavirus, such as those produced when an infected

7 person coughs or sneezes. Such droplets can spread between people even at a

8 distance of up to six feet. The virus that causes COVID-19 is highly contagious

9 and can survive for long periods on inanimate surfaces, making it inevitable that

10 the disease will spread among communities where it appears.

11

23. There is no vaccine to prevent COVID-19. There is no known cure or

12 FDA-approved treatment for COVID-19 at this time. The only known means of

13 minimizing the risk of infection are social distancing and increased sanitization.

14

24. Critically, people over the age of fifty and those with certain medical

15 conditions face greater chances of serious illness or death from COVID-19. The

16 medical conditions that increase the risk of serious complications from COVID-19,

17 for people of any age, include lung disease, heart disease, chronic liver or kidney

18 disease (including hepatitis and dialysis), diabetes, asthma, epilepsy, hypertension,

19 compromised immune systems (such as from cancer, HIV, or autoimmune

20 disease), blood disorders (including sickle cell disease), inherited metabolic

21 disorders, stroke, developmental delay, and pregnancy (current or recent).

22

25. In many people, COVID-19 causes fever, cough, and shortness of

23 breath. But for people over the age of 50 or with medical conditions that increase

24 the risk of the risk of serious COVID-19 infection, the shortness of breath can be

25 severe.

26

26. COVID-19 can severely damage lung tissue, which requires an

27 extensive period of rehabilitation, and in some cases, can cause a permanent loss of

28 respiratory capacity. COVID-19 may also cause inflammation of the heart muscle.

7

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1 This is known as myocarditis; it can affect the heart muscle and electrical system,

2 reducing the heart’s ability to pump. This reduction can lead to rapid or abnormal

3 heart rhythms in the short term, and long-term heart failure that limits exercise

4 tolerance and the ability to work.

5

27. Emerging evidence also suggests that COVID-19 can trigger an over-

6 response of the immune system, further damaging tissue and potentially resulting

7 in widespread damage to the body’s organs, including permanent injury to the

8 kidneys and neurologic injury.

9

28. These complications can develop at an alarming pace. Patients can

10 show the first symptoms of infection within two days of exposure, and their

11 condition can seriously deteriorate in five days or sooner.

12

29. The need for care, including intensive care, and the likelihood of

13 death, is much higher from COVID-19 than from influenza.

14

30. Most people in higher risk categories who contract COVID-19 need

15 advanced support. This level of supportive care requires highly specialized

16 equipment that is in limited supply, and an entire team of care providers, including

17 1:1 or 1:2 nurse to patient ratios, respiratory therapists, and intensive care

18 physicians.

19

31. The extensive degree of support that COVID-19 patients need can

20 quickly exceed local health care resources. When healthcare systems are

21 overwhelmed, doctors and public health authorities are inevitably left to allocate

22 scarce resources regarding who receives care.

23

32. According to recent estimates, the fatality rate of people with

24 COVID-19 is about ten times higher than a severe seasonal influenza, even in

25 advanced countries with highly effective health care systems. For people in the

26 highest risk populations, the fatality rate of COVID-19 is about 15 percent.

27

33. The only way to protect vulnerable people from serious health

28 outcomes, including death, is to prevent them from being infected with the

8

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1 coronavirus.

2

3 B. Conditions at Adelanto Detention Center Increases the Risk of COVID19 Infection.

4

34. The conditions at ICE’s Adelanto Detention Center contravene all

5 medical and public health directives for risk mitigation of COVID-19.

6

35. Adelanto is an enclosed environment where contagious diseases can

7 easily spread. People live in close quarters and are subject to security measures that 8 make the “social distancing” that is needed to effectively prevent the spread of

9 COVID-19 impossible.

10

36. This presents “ideal incubation conditions” for the rapid spread of

11 COVID-19 if and when it is introduced into a facility. This has been demonstrated

12 through the fact that enclosed group environments, like cruise ships or nursing

13 homes, have become the sites for the most severe outbreaks of COVID-19. An

14 alarmingly high person-to-person transmission rate for COVID-19 also took place

15 at Rikers Island Jail, where, as of March 27, 2020, 103 inmates and 80 correctional

16 officers have tested positive for the disease.

17

37. At Adelanto, many immigrant detainees live in dormitories (also

18 known as “pods”) that hold up to 100 detainees at a time. In these dormitories,

19 detainees must share one large room for sleeping, eating, and socializing. Their

20 beds are bunked and placed only a few feet apart. The dozens of detainees in each

21 dormitory must share a relatively small number of sinks, toilets, and showers.

22 Adelanto has the capacity to hold nearly 2,000 detainees.

23

38. Food preparation and food service is communal, with little

24 opportunity for disinfection. Sinks, toilets, and showers are also shared. The

25 showers are consistently dirty and infrequently sanitized.

26

39. Staff members, including medical staff, generally do not wear masks

27 or other personal protective equipment (PPE) to combat the transmission of

28

9

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1 COVID-19. Staff arrive and leave on a shift basis, and there is limited ability to

2 adequately screen staff for new, asymptomatic infection.

3

40. Moreover, because detention facilities also limit access to items and

4 services that are necessary to maintaining hygiene, such as hand sanitizer and clean

5 clothes, the risk of disease spread is even higher. And typically, there is little to no

6 instruction given to detainees regarding sanitation, including in response to the

7 COVID-19 pandemic. At Adelanto, detainees have not been provided with hand

8 sanitizer, gloves, or masks—nor have they been instructed about the need for

9 social distancing. One of the Plaintiffs had never even heard of the term before her

10 attorney inquired into the conditions in Adelanto on March 29, 2020. But in any

11 event, social distancing is not possible in Adelanto.

12

41. Staff members are not monitoring detainees’ temperatures or

13 otherwise systemically testing for COVID-19.

14

42. Indeed, this Court just days ago found that conditions in Adelanto

15 make it ripe for the spread of COVID-19:

16

At Adelanto, a holding area can contain 60 to 70 detainees, with a large

17

common area and dormitory-type sleeping rooms housing four or six

18

detainees with shared sinks, toilets and showers. Guards regularly

19

rotate through the various holding areas several times a day. At meal

20

times – three times a day – the 60 to 70 detainees in each holding area

21

line up together, sometimes only inches apart, in the cafeteria. The

22

guards, detainees and cafeteria workers do not regularly wear gloves or

23

masks to prevent the spread of the coronavirus. While detainees have

24

access to gloves, there is no requirement that they wear them. Detainees

25

do not have access to masks or hand sanitizer . . . .

26 Castillo TRO at 3–4.

27

43. The federal government itself has repeatedly found significant health

28 and safety risks at Adelanto.

10

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1

44. Dr. Robert Greifinger, a correctional health expert with over three

2 decades of prisoner health care experience, attests that the crowded conditions at

3 immigration detention centers like Adelanto make one of the most vital preventive

4 measures, social distancing, impossible. Dr. Todd Schneberk, an emergency

5 medical physician and professor of clinical emergency medicine with experience

6 conducting and supervising multiple physical and psychological evaluations of

7 detainees at Adelanto, explains that “detainees in Adelanto face a dramatically

8 reduced ability to protect themselves by social distancing than they would in the

9 community, and therefore face a significantly higher risk of being exposed to and

10 infected by contagious infected diseases like COVID-19.” Experts predict that it is

11 “perhaps inevitable” that COVID-19 will reach immigration detention facilities

12 like Adelanto, if it has not already.

13

45. This kind of rapid spread has already occurred in other facilities. For

14 example, since its first confirmed case on March 22, 2020, Cook County Jail in

15 Chicago has reported that 89 inmates and nine staff have confirmed cases of

16 COVID-19. Test results are pending on another 92 detainees. Defendants have also

17 acknowledged, in a March 15, 2020 guidance, the risks of COVID-19 infection to

18 those in civil detention.

19

46. After reviewing the COVID-19 protocols announced by ICE, Dr.

20 Greifinger concluded that the guidance is impractical and does not reflect the

21 reality of the overcrowded conditions in immigration detention.

22

47. Although the ICE guidance suggests that “Detainees who meet CDC

23 criteria for epidemiologic risk of exposure to COVID-19 are housed separately

24 from the general population,” the reality is that this practice is not being

25 implemented. Close quarters, lack of testing, and inability to enforce social

26 distancing are an urgent problem.

27

48. Similarly, the ICE guidance states that “[d]etainees who do not have

28 fever or symptoms, but meet CDC criteria for epidemiologic risk, are housed

11

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1 separately in a single cell, or as a group.” However, experts, including Plaintiffs’

2 correctional health expert, Dr. Greifinger, have concluded that cohorting

3 vulnerable detainees together increases their risk of becoming infected with

4 COVID-19.

5

49. Tellingly, the ICE guidance acknowledges that the options to

6 safeguard vulnerable detainees “depend on available space.” The evidence at

7 Adelanto shows that immigration facilities simply do not have that space, and

8 therefore are incapable of protecting Plaintiffs and other detainees from the risks of

9 COVID-19.

10

50. Given the widespread shortage of COVID-19 testing in the United

11 States, it is likely that detention facilities cannot conduct aggressive, widespread

12 testing to identify all positive cases of COVID-19. For this reason, a lack of proven

13 cases of COVID-19 in a context where testing is unavailable is functionally

14 meaningless in determining whether there is a risk of COVID-19 transmission at

15 an institution.

16

51. Without a rigorous testing regime, it is impossible to conclude that

17 COVID-19 has not already entered Adelanto.

18

52. The coronavirus has already been confirmed in other ICE facilities: as

19 of March 29, 2020, an ICE detainee in Bergen County Jail in New Jersey tested

20 positive for COVID-19, and at least one ICE medical staff member tested positive

21 for the virus. Moreover, an internal ICE COVID-19 report states that, as of March

22 19, 2020, ICE’s Health Services Corps had isolated nine detainees and it was

23 monitoring 24 more in ten different ICE facilities, and 1,444 officials with ICE and

24 DHS were in precautionary self-quarantine.

25

26 C. Continued ICE Detention is Unsafe for Those Most Vulnerable to COVID-19.

27

53. Release from detention is the only option to protect vulnerable adults

28

12

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1 from COVID-19 because of the above-described conditions at Adelanto. That fact

2 has been recognized by public health experts and prison administrators alike.

3

54. Dr. Schneberk has concluded that “releasing detainees is the only

4 effective means of preventing widespread infections at the [Adelanto] facility.” As

5 he explains, “Congregate settings such as Adelanto are nearly impossible to protect

6 in scenarios such as this one, and it will be very difficult irrespective of the amount

7 of sanitation and hygiene practices employed, to prevent spread in such a confined

8 densely populated space” as Adelanto. For that reason, Dr. Schneberk recommends

9 that “[a]t a minimum, Adelanto should immediately release all detainees in high

10 risk medical groups,” and opines that “[f]rom a public health perspective, the most

11 effective action to combating COVID-19 would be to depopulate Adelanto” by

12 evaluating individuals for release as quickly as possible, including those not

13 identified as high-risk.

14

55. Dr. Dora Schriro, former Senior Advisor to DHS and founding

15 Director of the ICE Office of Detention Policy and Planning, has also highlighted

16 the increased risks of infection and death in ICE detention facilities, and

17 recommended the release of medically vulnerable individuals, on appropriate

18 conditions of supervision where necessary.

19

56. For similar reasons, multiple jurisdictions, including Los Angeles,

20 CA, Chicago, IL, Harris County, TX, New York City, and the entire states of New

21 Jersey and Iowa have also released thousands of people from criminal custody,

22 acknowledging the grave threat that an outbreak in jails and detention centers pose.

23

57. Notably, other public officials have likewise called for the release of

24 eligible individuals from detention.

25

58. The former Acting Director of ICE, John Sandweg, has stated that

26 “ICE can, and must, reduce the risk [COVID-19] poses to so many people, and the

27 most effective way to do so is to drastically reduce the number of people it is

28 currently holding.”

13

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1

59. As early as February 25, 2020, Dr. Scott Allen and Dr. Josiah Rich,

2 medical experts to DHS, specifically warned the agency about the danger to

3 detainees of rapid spread of COVID-19 in immigration detention facilities.

4

60. In a whistleblower letter to Congress, Dr. Allen and Dr. Rich

5 recommended that “[m]inimally, DHS should consider releasing all detainees in

6 high risk medical groups such as older people and those with chronic diseases.”

7 They concluded that “acting immediately will save lives not of only those detained,

8 but also detention staff and their families, and the community-at-large.”

9

61. Thus, high risk individuals should be released from detention centers

10 before it is too late.

11

12 D. Plaintiffs Must Be Released from ICE Custody Because They Are Particularly Vulnerable to Serious Illness or Death If Infected by

13

COVID-19.

14

62. Each of the Plaintiffs has one or more underlying medical conditions

15 that increases their risk of serious illness or death if exposed to COVID-19. They

16 are detained at Adelanto as they await adjudication of their civil immigration cases.

17

63. Plaintiff Jose Robles Rodriguez is a 37-year-old citizen of Guatemala

18 who has been detained by ICE at Adelanto since December 2019. Mr. Robles

19 suffers from diabetes and hypertension. As a consequence of his health conditions,

20 Mr. Robles has a high risk of serious illness or death if he contracts COVID-19.

21

64. Plaintiff Charleston Edward Dacoff is a 54-year-old citizen of Belize

22 who has been detained by ICE at Adelanto since March 2017. Mr. Dacoff suffers

23 from congestive heart failure and diabetes. Mr. Dacoff suffered a “Code Blue” at

24 Adelanto in 2017, meaning he had a life-threatening medical emergency. As a

25 consequence of his health conditions and age, Mr. Dacoff has a high risk of serious

26 illness or death if he contacts COVID-19.

27

65. Plaintiff Luis Lopez Salgado is a 40-year-old citizen of Mexico who

28 has been detained by ICE at Adelanto since August 2018. He has been diagnosed

14

Case 5:20-cv-00627 Document 1 Filed 03/30/20 Page 17 of 24 Page ID #:17

1 with HIV. As a consequence of his health condition, Mr. Lopez Salgado has a high

2 risk of serious illness or death if he contracts COVID-19.

3

66. Plaintiff Paola Rayon Vite is a 35-year-old citizen of Mexico who has

4 been detained by ICE at Adelanto since November 2019. She has been diagnosed

5 with asthma and diabetes, the latter of which requires her blood sugar to be tested

6 twice daily by Adelanto medical staff. As a consequence of her health conditions,

7 Ms. Rayon Vite has a high risk of serious illness or death if she contracts

8 COVID-19.

9

67. Plaintiff Jose Hernandez Velasquez is a 19-year-old citizen of

10 Guatemala who has been detained by ICE at Adelanto since October 2018. Mr.

11 Hernandez Velasquez has been diagnosed with hypertension and prescribed

12 medication to lower his risk of a heart attack. As a consequence of his health

13 conditions, Mr. Hernandez Velasquez has a high risk of serious illness or death if

14 he contracts COVID-19.

15

68. Plaintiff Martin Vargas Arellano is a 54-year-old citizen of Mexico

16 who has been detained by ICE at Adelanto since April 2019. Mr. Vargas Arellano

17 suffers from diabetes, hypertension, and hepatitis C. As a consequence of his

18 health conditions and age, Mr. Vargas Arellano has a high risk of serious illness or

19 death if he contracts COVID-19.

20

21

LEGAL FRAMEWORK

22

23 A. Immigrant Detainees are Entitled to Constitutional Due Process Protections Against Exposure to Infectious Disease.

24

69. Whenever the government detains or incarcerates someone, it has an

25 affirmative duty to provide conditions of reasonable health and safety. As the

26 Supreme Court has explained, “when the State takes a person into its custody and

27 holds him there against his will, the Constitution imposes upon it a corresponding

28

15

Case 5:20-cv-00627 Document 1 Filed 03/30/20 Page 18 of 24 Page ID #:18

1 duty to assume some responsibility for his safety and general well-being.”

2 DeShaney v. Winnebago County Dept. of Soc. Servs., 489 U.S. 189, 199–200

3 (1989). As a result, the government must provide those in its custody with “food,

4 clothing, shelter, medical care, and reasonable safety.” Id. at 200.

5

70. Conditions that pose an unreasonable risk of future harm violate the

6 Eighth Amendment’s prohibition on cruel and unusual punishment, even if that

7 harm has not yet come to pass. The Eighth Amendment requires that “inmates be

8 furnished with the basic human needs, one of which is ‘reasonable safety.’”

9 Helling, 509 U.S. at 33 (quoting DeShaney, 489 U.S. at 200). Accordingly, “[i]t

10 would be odd to deny an injunction to inmates who plainly proved an unsafe, life-

11 threatening condition in their prison on the ground that nothing yet had happened

12 to them.” Id.

13

71. The Supreme Court has explicitly recognized that the risk of

14 contracting a communicable disease may constitute such an “unsafe, life-

15 threatening condition” that threatens “reasonable safety.” Id.

16

72. These principles also apply in the context of immigration detention.

17

73. Immigrant detainees, regardless of prior criminal convictions, are civil

18 detainees whose constitutional protections while in custody derive from the Fifth

19 Amendment due process clause. See Zadvydas v. Davis, 533 U.S. 678, 690 (2001)

20 (“government detention violates th[e Due Process] Clause unless the detention is

21 ordered in a criminal proceeding with adequate procedural protections . . . or, in

22 certain special and ‘narrow’ nonpunitive ‘circumstances’” not present here).

23

74. The Ninth Circuit has applied this principle to make clear that civil

24 detainees, like Plaintiffs here, are entitled to conditions of confinement that are

25 superior to those of convicted prisoners and to those of criminal pretrial detainees.

26 Jones v. Blanas, 393 F.3d 918, 933–34 (9th Cir. 2004), cert. denied, 546 U.S. 820

27 (2005); see also King v. Cty. of Los Angeles, 885 F.3d 548, 557 (9th Cir. 2018)

28 (finding presumption of punitive, and thus unconstitutional, treatment where

16

Case 5:20-cv-00627 Document 1 Filed 03/30/20 Page 19 of 24 Page ID #:19

1 conditions of confinement for civil detainees are similar to those faced by pre-trial

2 criminal detainees).

3

75. Moreover, because civil detention is governed by the Fifth

4 Amendment rather than the Eighth Amendment, the “deliberate indifference”

5 standard required to establish a constitutional violation in the latter context does

6 not apply to civil detainees like Plaintiffs. Jones, 393 F.3d at 934. Instead, a

7 condition of confinement for a civil immigration detainee violates the Constitution

8 “if it imposes some harm to the detainee that significantly exceeds or is

9 independent of the inherent discomforts of confinement and is not reasonably

10 related to a legitimate governmental objective or is excessive in relation to the

11 legitimate governmental objective.” Unknown Parties v. Johnson, No. CV-15-

12 00250-TUC-DCB, 2016 WL 8188563, at *5 (D. Ariz. Nov. 18, 2016), aff’d sub

13 nom. Doe v. Kelly, 878 F.3d 710 (9th Cir. 2017).

14

15 B. Defendants Are Violating Plaintiffs’ Constitutional Due Process Rights.

16

76. The conditions described above in Adelanto are sufficient to

17 demonstrate that Plaintiffs’ constitutional due process rights are being violated.

18 Keeping at-risk Plaintiffs detained in such close proximity to one another and

19 without the sanitation necessary to combat the spread of the virus serves no

20 legitimate purpose. Nor is detention under these circumstances rationally related to

21 the enforcement of immigration laws.

22

77. Plaintiffs’ due process rights are also being violated because their

23 conditions of confinement place them at serious risk of being infected with

24 COVID-19 and Defendants are being deliberately indifferent to this critical safety

25 concern.

26

78. There is no question that COVID-19 poses a serious risk to Plaintiffs.

27 COVID-19 is highly contagious, and can cause severe illness and death. Plaintiffs

28 are at a heightened risk because of their underlying health conditions.

17

Case 5:20-cv-00627 Document 1 Filed 03/30/20 Page 20 of 24 Page ID #:20

1

79. Defendants are aware of and have completely disregarded the serious

2 risk that COVID-19 poses to Plaintiffs. Medical experts for the Department of

3 Homeland Security have also identified the risk of COVID-19 spreading to ICE

4 detention centers. John Sandweg, a former acting director of ICE, has written

5 publicly about the need to release nonviolent detainees because ICE detention

6 centers “are extremely susceptible to outbreaks of infectious diseases” and

7 “preventing the virus from being introduced into these facilities is impossible.”

8

80. Moreover, prisons and jails around the country are already releasing

9 non-violent detainees because the risk of contagion is overwhelming.

10

81. The circumstances of this case make clear that release is the only

11 means to ensure compliance with Plaintiffs’ due process rights. Public health

12 information makes clear that the only way to prevent infection is through social

13 distancing and increased hygiene, and that these measures are most imperative to

14 protect individuals with underlying medical conditions. These measures are

15 functionally impossible to implement under Adelanto’s current conditions. The

16 only course of action that can remedy these unlawful conditions is release from the

17 detention centers, like Adelanto, where risk mitigation is impossible.

18

19 C. ICE Regularly Uses Its Authority to Release People Detained in Custody Because They Suffer Serious Medical Conditions.

20

82. ICE has a longstanding practice of humanitarian releases from

21 custody. The agency has routinely exercised its authority to release particularly

22 vulnerable detainees. As former Deputy Assistant Director for Custody Programs

23 in ICE Enforcement and Removal Operations Andrew Lorenzen-Strait explains,

24 “ICE has exercised and still exercises discretion for purposes of releasing both

25 individuals with serious medical conditions and individuals who are vulnerable to

26 medical harm.”

27

83. ICE has a range of highly effective tools at its disposal to ensure that

28

18

Case 5:20-cv-00627 Document 1 Filed 03/30/20 Page 21 of 24 Page ID #:21

1 individuals report for court hearings and other appointments, including conditions

2 of supervision. For example, ICE’s conditional supervision program, called ISAP

3 (Intensive Supervision Appearance Program), relies on the use of electronic ankle

4 monitors, biometric voice recognition software, unannounced home visits,

5 employer verification, and in-person reporting to supervise participants. A

6 government-contracted evaluation of this program reported a 99% attendance rate

7 at all immigration court hearings and a 95% attendance rate at final hearings.

8

84. This exercise of discretion is based in the statute and regulations, and

9 comes from a long line of agency directives explicitly instructing officers to

10 exercise favorable discretion in cases involving severe medical concerns and other

11 humanitarian equities militating against detention. For example, under 8 C.F.R.

12 § 212.5(b)(1), ICE has routinely exercised its discretion to release particularly

13 vulnerable detainees.

14

85. While ICE officers may be exercising discretion less frequently in

15 recent years, the statutory and regulatory authority underlying the use of

16 prosecutorial discretion in custodial determinations remains in effect.

17

86. Moreover, ICE has released noncitizens on medical grounds

18 regardless of the statutory basis for a noncitizen’s detention.

19

87. Here the Due Process Clause of the Fifth Amendment to the U.S.

20 Constitution requires ICE to release detainees where civil detention has become

21 punitive and where release is the only remedy to prevent this impermissible

22 punishment. The fact that ICE has the authority to release immigrants from custody

23 and has exercised this authority in the past indicates that the remedy Plaintiffs

24 request is neither unprecedented nor unmanageable for the agency.

25 D. As recognized in Castillo, The Court Has Authority to Order Plaintiffs’

26

Release to Vindicate Their Fifth Amendment Rights, and Such Relief Is

27

Necessary Here.

28

88. Courts have broad power to fashion equitable remedies to address

19

Case 5:20-cv-00627 Document 1 Filed 03/30/20 Page 22 of 24 Page ID #:22

1 constitutional violations in prisons, Hutto v. Finney, 437 U.S. 678, 687 n.9 (1978),

2 and “[w]hen necessary to ensure compliance with a constitutional mandate, courts

3 may enter orders placing limits on a prison’s population,” Brown v. Plata, 563 U.S.

4 493, 511 (2011).

5

89. The circumstances of this case make clear that release is the only

6 means to ensure compliance with the Fifth Amendment’s prohibition against

7 punitive detention.

8

90. Plaintiffs’ medical conditions put them at grave risk of severe illness

9 or death if they contract COVID-19. Public health information makes clear that the

10 only way to prevent infection is through social distancing and increased hygiene,

11 and that these measures are most imperative to protect individuals with pre-

12 existing medical conditions. Yet Defendants are detaining vulnerable Plaintiffs

13 under conditions where they are forced into close contact with many other

14 detainees and staff. By continuing detention in these circumstances, Defendants are

15 subjecting Plaintiffs to unreasonable harm. The only course of action that can

16 remedy these unlawful conditions is release from Adelanto, where risk mitigation

17 is impossible.

18

19

CLAIM FOR RELIEF

20

Violation of the Fifth Amendment Right to Substantive Due Process

(Unlawful Punishment; Freedom from Cruel Treatment and Conditions of

21

Confinement)

22

91. Plaintiffs repeat and incorporate by reference all allegations above as

23 though set forth fully herein.

24

92. The Fifth Amendment of the Constitution guarantees that civil

25 detainees, including all immigrant detainees, may not be subjected to punishment.

26 The federal government violates this substantive due process right when it fails to

27 satisfy its affirmative duty to provide conditions of reasonable health and safety to

28 the people it holds in its custody, and violates the Constitution when it fails to

20

Case 5:20-cv-00627 Document 1 Filed 03/30/20 Page 23 of 24 Page ID #:23

1 provide for their basic human needs—e.g., food, clothing, shelter, medical care,

2 and reasonable safety. The federal government also violates substantive due

3 process when it subjects civil detainees to cruel treatment and conditions of

4 confinement that amount to punishment.

5

93. By detaining Plaintiffs at Adelanto, Defendants are subjecting

6 Plaintiffs to a heightened risk of contracting COVID-19, for which there is no

7 vaccine and no cure. Plaintiffs are particularly vulnerable to serious medical

8 complications from COVID-19 infection and are risk of illness and death as long

9 as they are held in detention. By subjecting Plaintiffs to this risk, Defendants are

10 maintaining detention conditions that amount to punishment and fail to ensure

11 safety and health in violation of Plaintiffs’ due process rights.

12

94. For these reasons, Defendants’ ongoing detention of Plaintiffs violates

13 the Due Process Clause.

14

15

PRAYER FOR RELIEF

16

WHEREFORE, Plaintiffs respectfully ask this Court to take jurisdiction over

17 this actual controversy and:

18 a. Issue a Writ of Habeas Corpus on the ground that Plaintiffs’ continued

19

detention violates the Due Process Clause and order Plaintiffs’ immediate

20

release;

21 b. In the alternative, issue injunctive relief ordering Defendants to immediately

22

release Plaintiffs, on the ground that their continued detention violates

23

Plaintiffs’ constitutional due process rights;

24 c. Issue a declaration that Defendants’ continued detention in civil immigration

25

custody of individuals at increased risk for severe illness, including all

26

people over ages fifty and older and persons of any age with underlying

27

medical conditions that may increase the risk of serious illness or death as a

28

result of COVID-19, violates the Due Process Clause;

21

Case 5:20-cv-00627 Document 1 Filed 03/30/20 Page 24 of 24 Page ID #:24

1 d. Award Plaintiffs their costs and reasonable attorneys’ fees in this action

2

under the Equal Access to Justice Act, as amended, 5 U.S.C. § 504 and 28

3

U.S.C. § 2412, and on any other basis justified under law; and,

4 e. Grant any other and further relief that this Court deems just and appropriate.

5

6

Respectfully submitted,

7 Dated: March 30, 2020 8 9

/s/ Jessica Karp Bansal JESSICA KARP BANSAL Counsel for Plaintiffs-Petitioners

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 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA (Eastern Division - Riverside)
CIVIL DOCKET FOR CASE #: 5:20-cv-00627-TJH-GJS

Jose Robles Rodriguez et al v. Chad F. Wolf, et al Assigned to: Judge Terry J. Hatter, Jr Referred to: Magistrate Judge Gail J. Standish Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)

Date Filed: 03/30/2020 Jury Demand: None Nature of Suit: 463 Habeas Corpus Alien Detainee Jurisdiction: U.S. Government Defendant

Plaintiff Jose Robles Rodriguez

represented by Michael Bryan Kaufman ACLU Foundation of Southern California 1313 West 8th Street Los Angeles, CA 90017 213-977-9500 Fax: 213-977-5297 Email: mkaufman@aclusocal.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

My Khanh Ngo American Civil Liberties Union 39 Drumm Street San Francisco, CA 94111 415-343-0786 Fax: 415-395-0950 Email: mngo@aclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen Bonggyun Kang American Civil Liberties Union 39 Drumm Street San Francisco, CA 94111 415-343-0783 Fax: 415-395-0950 Email: skang@aclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amanda Barnett

Latham and Watkins LLP 355 South Grand Avenue Suite 100 Los Angeles, CA 90071 213-485-1234 Fax: 213-891-8763 Email: amanda.barnett@lw.com ATTORNEY TO BE NOTICED
Jessie Alice Cammack Latham and Watkins LLP 355 South Grand Avenue Suite 100 Los Angeles, CA 90071 213-485-1234 Fax: 213-891-8763 Email: jessie.cammack@lw.com ATTORNEY TO BE NOTICED
Michelle Y Cho ACLU Foundation of Southern California 1313 West 8th Street Los Angeles, CA 90017 213-977-9500 Fax: 213-915-0219 Email: mcho@aclusocal.org TERMINATED: 02/05/2021
Samir Deger-Sen Latham and Watkins LLP 555 Eleventh Street NW Washington, DC 20004-4834 202-637-2200 Fax: 202-637-2201 Email: samir.deger-sen@lw.com PRO HAC VICE ATTORNEY TO BE NOTICED
William M Friedman Latham and Watkins LLP 555 Eleventh Street NW Suite 1000 Washington, DC 20004-1304 202-637-2200 Fax: 202-637-2201 Email: william.friedman@lw.com PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff Charleston Edward Dacoff

Jessica Karp Bansal ACLU Foundation of Southern California 1313 West 8th Street Los Angeles, CA 90017 213-977-9500 Fax: 909-332-7280 Email: jbansal@aclusocal.org ATTORNEY TO BE NOTICED
represented by Michael Bryan Kaufman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
My Khanh Ngo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen Bonggyun Kang (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amanda Barnett (See above for address) ATTORNEY TO BE NOTICED
Jessie Alice Cammack (See above for address) ATTORNEY TO BE NOTICED
Michelle Y Cho (See above for address) TERMINATED: 02/05/2021
Samir Deger-Sen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
William M Friedman (See above for address)

Plaintiff Jose Hernandez Velasquez TERMINATED: 04/13/2020
Plaintiff Luis Lopez Salgado

PRO HAC VICE ATTORNEY TO BE NOTICED
Jessica Karp Bansal (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Bryan Kaufman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
My Khanh Ngo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen Bonggyun Kang (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amanda Barnett (See above for address) ATTORNEY TO BE NOTICED
Jessie Alice Cammack (See above for address) ATTORNEY TO BE NOTICED
Michelle Y Cho (See above for address) TERMINATED: 02/05/2021
Jessica Karp Bansal (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Bryan Kaufman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Paola Rayon Vite

My Khanh Ngo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen Bonggyun Kang (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amanda Barnett (See above for address) ATTORNEY TO BE NOTICED
Jessie Alice Cammack (See above for address) ATTORNEY TO BE NOTICED
Michelle Y Cho (See above for address) TERMINATED: 02/05/2021
Samir Deger-Sen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
William M Friedman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jessica Karp Bansal (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Bryan Kaufman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
My Khanh Ngo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Martin Vargas Arellano

Stephen Bonggyun Kang (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amanda Barnett (See above for address) ATTORNEY TO BE NOTICED
Jessie Alice Cammack (See above for address) ATTORNEY TO BE NOTICED
Michelle Y Cho (See above for address) TERMINATED: 02/05/2021
Samir Deger-Sen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
William M Friedman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jessica Karp Bansal (See above for address) ATTORNEY TO BE NOTICED
represented by Jessica Karp Bansal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Bryan Kaufman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
My Khanh Ngo (See above for address) LEAD ATTORNEY

V.
Defendant
Chad F. Wolf Acting Secretary, U.S. Department of Homeland Security

ATTORNEY TO BE NOTICED
Stephen Bonggyun Kang (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amanda Barnett (See above for address) ATTORNEY TO BE NOTICED
Jessie Alice Cammack (See above for address) ATTORNEY TO BE NOTICED
Michelle Y Cho (See above for address) TERMINATED: 02/05/2021
Samir Deger-Sen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
William M Friedman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Daniel A Beck AUSA - Office of US Attorney Civil Division 300 North Los Angeles Street Suite 7516 Los Angeles, CA 90012 213-894-2574 Fax: 213-894-7819 Email: daniel.beck@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hillary Morgan Burrelle

Defendant
Matthew T. Albence Deputy Director and Senior Official Performing the Duties of the Director, U.S. Immigration and Customs Enforcement

AUSA - US Attorneys Office Civil Division 300 North Los Angeles Street Suite 7516 Los Angeles, CA 90012 213-894-2420 Fax: 213-894-7819 Email: hillary.burrelle@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Assistant 2241-194 US Attorney LA-CV AUSA - Office of US Attorney Criminal Division - US Courthouse 312 North Spring Street 12th Floor Los Angeles, CA 90012-4700 213-894-2434 Email: USACAC.Habeas@usdoj.gov ATTORNEY TO BE NOTICED
OIL-DCS Trial Attorney Office of Immigration Litigation District Court Section PO Box 868 Ben Franklin Station Washington, DC 20044 202-353-8806 Email: oil-dcs.cacd@usdoj.gov ATTORNEY TO BE NOTICED
represented by Daniel A Beck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hillary Morgan Burrelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Assistant 2241-194 US Attorney LA-CV (See above for address) ATTORNEY TO BE NOTICED

Defendant David Marin Director of the Los Angeles Field Office, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement
Defendant James Janecka Warden, Adelanto ICE Processing Center

OIL-DCS Trial Attorney (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A Beck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hillary Morgan Burrelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Assistant 2241-194 US Attorney LA-CV (See above for address) ATTORNEY TO BE NOTICED
OIL-DCS Trial Attorney (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A Beck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hillary Morgan Burrelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Assistant 2241-194 US Attorney LA-CV (See above for address) ATTORNEY TO BE NOTICED
OIL-DCS Trial Attorney (See above for address) ATTORNEY TO BE NOTICED

Defendant
U.S. Immigrations and Customs Enforcement;

represented by Hillary Morgan Burrelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/30/2020
03/30/2020 03/30/2020 03/30/2020 03/30/2020

# Docket Text
1 COMPLAINT Receipt No: ACACDC-25902285 - Fee: $400, filed by Plaintiffs-Petitioners Jose Hernandez Velasquez, Charleston Edward Dacoff, Luis Lopez Salgado, Jose Robles Rodriguez, Paola Rayon Vite. (Attorney Jessica Karp Bansal added to party Charleston Edward Dacoff(pty:pla), Attorney Jessica Karp Bansal added to party Jose Hernandez Velasquez(pty:pla), Attorney Jessica Karp Bansal added to party Luis Lopez Salgado(pty:pla), Attorney Jessica Karp Bansal added to party Paola Rayon Vite(pty:pla), Attorney Jessica Karp Bansal added to party Jose Robles Rodriguez(pty:pla))(Bansal, Jessica) (Entered: 03/30/2020)
2 CIVIL COVER SHEET filed by Plaintiffs Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
3 NOTICE of Interested Parties filed by Plaintiffs-Petitioners All Plaintiffs, identifying Jose Robles Rodriguez, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Martin Vargas Arellano, Chad F. Wolf, Matthew T. Albence, David Marin, James Janecka. (Bansal, Jessica) (Entered: 03/30/2020)
4 NOTICE of Related Case(s) filed by Plaintiffs-Petitioners Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. Related Case(s): 5:20-cv-00590-TJH; 5:20-cv-00605-TJH; 5:20-cv-00617TJH; 5:20-cv-00625-TJH; 5:20-cv-00626-TJH (Bansal, Jessica) (Entered: 03/30/2020)
5 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Terry J. Hatter, Jr and referred to Magistrate Judge Gail J. Standish, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days

03/30/2020 03/30/2020 03/30/2020

of any address change. See notice for additional details. (esa) (Entered: 03/30/2020)
6 NOTICE OF PRO HAC VICE APPLICATION DUE for NonResident Attorney David Fathi. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) (Entered: 03/30/2020)
7 NOTICE OF PRO HAC VICE APPLICATION DUE for NonResident Attorney Eunice H. Cho. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) (Entered: 03/30/2020)
8 NOTICE OF PRO HAC VICE APPLICATION DUE for NonResident Attorney Michael Tan. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) (Entered: 03/30/2020)

03/30/2020
03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020

9 NOTICE OF PRO HAC VICE APPLICATION DUE for NonResident Attorney Omar Jadwat. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) (Entered: 03/30/2020)
10 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: Other error(s) with document(s): A temporary restraining order (TRO) flag was indicated, but no TRO document was filed.. (esa) (Entered: 03/30/2020)
11 Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto filed by Plaintiffs-Petitioners Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Attachments: # 1 Memorandum, # 2 Attachments A-C, # 3 Proposed Order to Show Cause, # 4 Proposed Order Granting TRO) (Attorney Jessica Karp Bansal added to party Martin Vargas Arellano(pty:pla)) (Bansal, Jessica) (Entered: 03/30/2020)
12 DECLARATION of Carlo Brooks in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
13 DECLARATION of Jose Luis Garcia in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
14 DECLARATION of Margaret Hellerstein in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs

03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020

Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
15 DECLARATION of Yolanda Martin in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
16 DECLARATION of Munmeeth Kaur Soni in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
17 DECLARATION of Sarah Zelcer in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
18 DECLARATION of Jonathan Luis Golob in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
19 DECLARATION of Robert B. Greifinger in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
20 DECLARATION of Todd William Schneberk in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)

03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/31/2020

21 DECLARATION of Dora Schriro in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
22 DECLARATION Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)
23 DECLARATION of My Khanh Ngo in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Attachments: # 1 Exhibits A-J)(Bansal, Jessica) (Entered: 03/30/2020)
24 Proof of Service filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez (Bansal, Jessica) (Entered: 03/30/2020)
25 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel A Beck counsel for Defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. Adding Daniel A. Beck as counsel of record for Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security; Matthew T. Albence, Deputy Director U.S. Immigration and Customs Enforcement; David Marin, Director of Los Angeles Field Office, ERO; U.S. Immigrations and Customs Enforcement; and James Janecka, Warden for the reason indicated in the G-123 Notice. Filed by Defendants Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security; Matthew T. Albence, Deputy Director U.S. Immigration and Customs Enforcement; David Marin, Director of Los Angeles Field Office, ERO; U.S. Immigrations and Customs Enforcement; and James Janecka, Warden. (Attorney Daniel A Beck added to party Matthew T. Albence(pty:dft), Attorney Daniel A Beck added to party James Janecka(pty:dft), Attorney Daniel A Beck added to party David Marin(pty:dft), Attorney Daniel A Beck added to party Chad F. Wolf(pty:dft))(Beck, Daniel) (Entered: 03/31/2020)

03/31/2020

26 Notice of Appearance or Withdrawal of Counsel: for attorney Hillary Morgan Burrelle counsel for Defendants Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf, U.S. Immigrations and Customs Enforcement;. Adding Hillary M. Burrelle as counsel of record for Federal defendants Chad F. Wolf, Acting Secretary, U.S. Dep't of Homeland Security; Matthew T. Albence, Deputy Director U.S. Immigration and Customs Enforcement; David Marin, Director of Los Angeles Field Office, ERO; U.S. Immigrations and Customs Enforcement; and James Janecka, Warden for the reason indicated in the G-123 Notice. Filed by Defendant Federal defendants Chad F. Wolf, Acting Secretary, U.S. Dep't of Homeland Security; Matthew T. Albence, Deputy Director U.S. Immigration and Customs Enforcement; David Marin, Director of Los Angeles Field Office, ERO; U.S. Immigrations and Customs Enforcement; and James Janecka, Warden. (Attorney Hillary Morgan Burrelle added to party Matthew T. Albence(pty:dft), Attorney Hillary Morgan Burrelle added to party James Janecka(pty:dft), Attorney Hillary Morgan Burrelle added to party David Marin(pty:dft), Attorney Hillary Morgan Burrelle added to party Chad F. Wolf(pty:dft), Attorney Hillary Morgan Burrelle added to party U.S. Immigrations and Customs Enforcement;(pty:dft))(Burrelle, Hillary) (Entered: 03/31/2020)

03/31/2020 27

MINUTE (IN CHAMBERS) -NEW CASE BEFORE JUDGE HATTER: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judges initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents. Judge Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be reached at (213) 894-5276. Counsel shall not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda_skipper@cacd.uscourts.gov, with appropriate inquiries. Judge Hatters courtroom is located on the 9th Floor, at 350 W. 1st Street, United States Courthouse, Additional information about Judge Hatters procedures and schedules can be found on the courts website at www.cacd.uscourts.gov. Defendants are to file their opposition to the Temporary Restraining Order by no later than5pm on March 31, 2020. See order for further details. (shb) (Entered: 03/31/2020)

03/31/2020

28 MEMORANDUM in Opposition to Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Defendants Matthew

03/31/2020 04/01/2020 04/01/2020
04/02/2020

T. Albence, James Janecka, David Marin, U.S. Immigrations and Customs Enforcement;, Chad F. Wolf. (Attachments: # 1 Declaration of Gabriel Valdez, # 2 Declaration of Rosa Quevedo, # 3 Declaration of Daniel Beck, # 4 Rodriguez evidentiary objections Decl. Brooks, # 5 Rodriguez evidentiary objections Decl. Garcia, # 6 Rodriguez evidentiary objections Decl. Hellerstein, # 7 Rodriguez evidentiary objections Decl. Martin, # 8 Rodriguez evidentiary objections Decl. Soni, # 9 Rodriguez evidentiary objections Decl. Zelcer, # 10 Rodriguez evidentiary objections Decl. Golob, # 11 Rodriguez evidentiary objections Decl. Greifinger, # 12 Rodriguez evidentiary objections Decl. Schneberk, # 13 Rodriguez evidentiary objections Decl. Schriro, # 14 Rodriguez evidentiary objections Decl. Lorenzen-Strait, # 15 Rodriguez evidentiary objections Decl. Ngo)(Burrelle, Hillary) (Entered: 03/31/2020)
29 REPLY in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Attachments: # 1 Declaration of Sarah Zelcer, # 2 Declaration of Margaret Hellerstein, # 3 Declaration of Robert B. Greifinger, MD)(Bansal, Jessica) (Entered: 04/01/2020)
30 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, 1 filed by Plaintiffs-Petitioners Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 04/01/2020)
31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 24 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Service Documents Service of Subsequent Document Filings Proof of Service (subsequent documents). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 04/01/2020)
32 TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE, 11 by Judge Terry J. Hatter, Jr: IT IS ORDERED that the application for a temporary restraining order be, and hereby is GRANTED. IT IS FURTHER ORDERED that Respondents shall

by 5:00 p.m. on April 2, 2020 release Petitioner Jose Hernadez Velazquez from custody pending order of this Court. IT IS FURTHER ORDERED that Respondents shall show cause, if they have any, as to why the Court should not issue a preliminary injunction in this case. Respondents' response, if any to this order to show cause shall be filed by Noon on April 8, 2020. Petitioner's reply, if any, to Respondents' response shall be filed by Noon on April 13, 2020. The matter will then stand submitted. (shb) (Entered: 04/02/2020)

04/02/2020 33

MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are notified that pursuant to the Judge's directive, Petitioner Rodriguez and Petitioner Dacoff, of their counsel, shall file, as soon as possible a supplemental declaration setting forth the name and address of Petitioner's wife. Petitioner Salgado, or his counel shall file, as soon as possible, a supplemental declaration setting forth the name and address of Petitioner's mother. Petitioner Vite, or her counsel, shall file, as soon as possible, a supplemental declaration setting forth the name and address of Petitioner's uncle, Ernesto Vite. After filing, a copy of the declaration shall be emailed to TJH_chambers@cacd.uscourts.gov. (shb) (Entered: 04/02/2020)

04/02/2020

34 DECLARATION of Jessica Karp Bansal re Minutes of In

Chambers Order/Directive - no proceeding held,,, 33 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 04/02/2020)

04/02/2020 35

ORDER by Judge Terry J. Hatter: It is Ordered that the application for a temporary restraining order be, and hereby is, Granted. It is further Ordered that Respondents shall, by 5:00 p.m. on April 3, 2020, release Petitioner Arellano from custody pending further order of this Court, and subject to the following conditions of release: 1. Petitioner shall reside, and shelter in place, at the Echo Park Community Center as arranged by Petitioners counsel. 2. Petitioners counsel shall arrange for Petitioners transportation from the Adelanto Detention Center to the Echo Park Community Center; 3. Petitioner shall not leave the Echo Park Community Center, pending further order of the Court, except to obtain food or medical care; 4. Petitioner shall not violate any federal, state or local laws; 5. Petitioner shall not use or possess illegal drugs; and 6. At the discretion of DHS and/or BICE, to enforce the above restrictions, Petitioners whereabouts may be monitored by telephonic and/or electronic and/or GPS monitoring and/or a location verification

04/02/2020 36
04/02/2020 37

system and/or an automated identification system. It is further Ordered that Respondents shall show cause, if they have any, as to why the Court should not issue a preliminary injunction in this case. Respondents response, if any, to this order to show cause shall be filed by Noon on April 9, 2020. Petitioners reply, if any, to Respondents response shall be filed by Noon on April 14, 2020. The matter will then stand submitted. (shb) Modified on 4/6/2020 (shb). (Entered: 04/02/2020)
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr.: It is Ordered that the application for a temporary restraining order be, and hereby is, Granted. It is further Ordered that Respondents shall, by 5:00 p.m. on April 3, 2020, release Petitioner Charleston Edward Dacoff from custody pending further order of this Court, and subject to the following conditions of release: 1. Petitioner shall reside, and shelter in place, at the residence of his wife, Pamela Dacoff; 2. Petitioner shall be transported from the Adelanto Detention Center directly to the Residence by his attorney, Carlo Brooks; 3. Petitioner shall not leave the Residence, pending further order of the Court, except to obtain medical care; 4. Petitioner shall not violate any federal, state or local laws; 5. Petitioner shall not use or possess alcohol or illegal drugs; and 6. At the discretion of DHS and/or BICE, to enforce the above restrictions, Petitioners whereabouts may be monitored by telephonic and/or electronic and/or GPS monitoring and/or a location verification system and/or anautomated identification system. IT IS FURTHER ORDERED that Respondent shall show cause, if they have any, as to why the court should not issue a preliminary injunction in this case. Respondents' response, if any, to this order to show cause shall be filed by Noon on April 9, 2020. Petitioner's reply, if any to Respondent's response shall be filed by Noon on April 14, 2020. the matter will then stand submitted. (shb) (Entered: 04/02/2020)
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr: IT IS ORDERED that the application for a temporary restraining order be and hereby is GRANTED. IT IS FURTHER ORDERED that Respondents shall by 5:00 p.m. on April 3, 2020, release Petitioner Jose Robles Rodriguez from custody pending further order of this Court. IT IS FURTHER ORDERED that Petition shall not violate any federal, state or local laws, or use or possess alcohol or illegal drugs after released from custody pursuant to this order. IT IS FURTHER ORDERED that Respondents shall show cause, if they have any as to why the Court should not issue a preliminary injunction in this case. Respondent's response, if any, to this order to show cause

04/02/2020 38
04/02/2020 39

shall be filed by Noon on April 9, 2020. Petitioner's reply, if any, to Respondents' response shall be filed by Noon on April 14, 2020. The matter will stand submitted. (shb) (Entered: 04/02/2020)
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr.: It is Ordered that the application for a temporary restraining order be, and hereby is, Granted. It is further Ordered that Respondents shall, by 5:00 p.m. on April 3, 2020, release Petitioner Salgado from custody pending further order of this Court, and subject to the following conditions of release: 1. Petitioner shall reside, and shelter in place, at the residence of his mother, Maria Elena Salgado. 2. Petitioner shall be transported from the Adelanto Detention Center directly to the Residence by his attorney, Jose Garcia; 3. Petitioner shall not leave the Residence, pending further order of the Court, except to obtain medical care; 4. Petitioner shall not violate any federal, state or local laws; 5. Petitioner shall not use or possess alcohol or illegal drugs; and 6. At the discretion of DHS and/or BICE, to enforce the above restrictions, Petitioners whereabouts may be monitored by telephonic and/or electronic and/or GPS monitoring and/or a location verification system and/or an automated identification system. IT IS FURTHER ORDERED that Respondents shall show cause, if they have any, as to why the Court should not issue a preliminary injunction in this case. Respondents' response, if any, to this order to show cause shall be filed by Noon on April 9, 2020. Petitioner's reply, if any, to Respondents' response shall be filed by Noon on April 14, 2020. The matter will then be submitted. (shb) Modified on 4/6/2020 (shb). (Entered: 04/02/2020)
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr.: IT IS ORDERED that the application for a temporary restraining order be, and hereby is GRANTED. IT IS FURTHER ORDERED that Respondents shall, by 5:00 p.m. on April 3, 2020, release Petitioner Paola Rayon Vite from custody pending further order of this Court. IT IS FURTHER ORDERED that Petitioner shall not violate any federal, state or local laws, or use or possess alcohol or illegal drugs after released from custody pursuant to this order. IT IS FURTHER ORDERED that Respondents shall show cause, if they have any, as to why the Court should not issue a preliminary injunction in this case. Respondents response, if any, to this order to show cause shall be filed by Noon on April 9, 2020. Petitioner's reply, if any, to Respondent's response shall be filed by Noon on April 14, 2020. The matter will then stand submitted. (shb) (Entered: 04/02/2020)

04/02/2020

40 DECLARATION of Jessica Karp Bansal re Declaration, 34 , Minutes of In Chambers Order/Directive - no proceeding held,,, 33

filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 04/02/2020)

04/03/2020 41

ORDER STAYING RELEASE by Judge Terry J. Hatter, Jr.: The Court has been advised by counsel for Petitioner Martin Vargas Arellano that there is no longer space available for Petitioner at the Echo Part Community Center. The court had issued an order requiring Petitioner's release by 5:00 p.m. today and ordering Petitioner to reside at the Echo Park Community Center. IT IS ORDERED that the Temporary Restraining Order ordering Petitioner's release be, and hereby is STAYED pending further order of this Court. IT IS FURTHER ORDERED that Petitioner shall not be released until the Court approves his new post-release plan. (shb) (Entered: 04/03/2020)

04/03/2020

42 SEALED AMENDED TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr, (shb) (Entered: 04/03/2020)

04/03/2020

43 SEALED AMENDED TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr, (shb) (Entered: 04/03/2020)

04/06/2020

44 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendants Matthew T. Albence, James Janecka, David Marin, U.S. Immigrations and Customs Enforcement;, Chad F. Wolf. (shb) (Entered: 04/06/2020)

04/08/2020

45 RESPONSE filed by Defendants Matthew T. Albence, James Janecka, David Marin, U.S. Immigrations and Customs Enforcement;, Chad F. Wolfto Order,,,,,,, Set/Reset

Deadlines,,,,,, 35 , Order,,,,,,, Set/Reset Deadlines,,,,,, 38 ,

Order,,,, Set/Reset Deadlines,,, 37 , Order,,,,,, 36 , Order on Motion for Temporary Restraining Order,,, 32 , Order,,,,

Set/Reset Deadlines,,, 39 AS TO WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED (Attachments: # 1 Declaration of Gabriel Valdez, # 2 Declaration of Rosa Quevedo, # 3 Declaration of Daniel A. Beck, # 4 Evidentiary Objections Declaration Carlos Brooks, # 5 Evidentiary Objections

04/13/2020 04/13/2020 04/13/2020

Declaration Jose Garcia, # 6 Evidentiary Objections Declaration Margaret Hellerstein, # 7 Evidentiary Objections Declaration Yolanda Martin, # 8 Evidentiary Objections Declaration Munmeeth Kaur Soni, # 9 Evidentiary Objections Declaration Sarah Zelcer, # 10 Evidentiary Objections Declaration Jonathan Louis Golob, # 11 Evidentiary Objections Declaration Robert B. Greifinger, # 12 Evidentiary Objections Declaration William Schneberk, # 13 Evidentiary Objections Declaration Dora B. Schriro, # 14 Evidentiary Objections Declaration Andrew Lorenzen-Strait, # 15 Evidentiary Objections Declaration My Khanh Ngo, # 16 Evidentiary Objections Supplemental Declaration Robert B. Greifinger)(Burrelle, Hillary) (Entered: 04/08/2020)
46 DECLARATION of Margaret Hellerstein in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 04/13/2020)
47 NOTICE of Filing Supplemental Declaration of Margaret Hellerstein filed by Plaintiffs-Petitioners Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Attachments: # 1 Supplemental Declaration of Margaret Hellerstein)(Bansal, Jessica) (Entered: 04/13/2020)
48 Notice of Appearance or Withdrawal of Counsel: for attorney Amanda Barnett counsel for Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. Adding Amanda Barnett as counsel of record for Jose Robles Rodriguez, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, and Martin Vargas Arellano for the reason indicated in the G-123 Notice. Filed by plaintiffs Jose Robles Rodriguez, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, and Martin Vargas Arellano. (Attorney Amanda Barnett added to party Martin Vargas Arellano(pty:pla), Attorney Amanda Barnett added to party Charleston Edward Dacoff(pty:pla), Attorney Amanda Barnett added to party Jose Hernandez Velasquez(pty:pla), Attorney Amanda Barnett added to party Luis Lopez Salgado(pty:pla), Attorney Amanda Barnett added to party Paola Rayon Vite(pty:pla), Attorney Amanda Barnett added to party Jose Robles Rodriguez(pty:pla))(Barnett, Amanda) (Entered: 04/13/2020)

04/13/2020

49 MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Petitioners Charleston Edward Dacoff, Luis Lopez Salgado, Paola Rayon Vite and Martin Vargas Arrellano, all are hereby severed from this case and the Clerk's Office will assign a new civil case number for each individual and copy all of the documents from the original case to the new cases. The Court further orders that Petitioner Jose Hernandez Velasquez is hereby dismissed from this case ashe has a new case assigned to him already [ED CV 20-062]. (shb) (Entered: 04/13/2020)

04/13/2020

50 REPLY filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez to Order,,,,,,, Set/Reset

Deadlines,,,,,, 35 , Order,,,,,,, Set/Reset Deadlines,,,,,, 38 ,

Order,,,, Set/Reset Deadlines,,, 37 , Order,,,,,, 36 , Order on Motion for Temporary Restraining Order,,, 32 , Order,,,,

Set/Reset Deadlines,,, 39 / Reply in Support of Preliminary Injunction (Attachments: # 1 Declaration of Jose Robles Rodriguez, # 2 Declaration of Charleston Edward Dacoff, # 3 Declaration of Jose Hernandez Velasquez, # 4 Declaration of Luis Lopez Salgado, # 5 Declaration of Paola Rayon Vite)(Barnett, Amanda) (Entered: 04/13/2020)

04/13/2020 51

MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Petitioners Charleston Edward Dacoff, Luis Lopez Salgado, Paola Rayon Vite and Martin Vargas Arrellano, all are hereby severed from this case and the Clerk's Office will assign a new civil case number for each individual and copy all of the documents from the original case to the new cases. The Court further orders that Petitioner Jose Hernandez Velasquez is hereby dismissed from this case ashe has a new case assigned to him already [ED CV 20-0652]. (shb) (Entered: 04/13/2020)

04/13/2020 52

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, The parties shall file by 5:00 p.m. on April 16, 2020, proposed Findings of Fact and Conclusions of Law for the submitted OSC re: preliminary injunction. (shb) (Entered: 04/14/2020)

04/14/2020

53 Notice of Appearance or Withdrawal of Counsel: for attorney Jessie Alice Cammack counsel for Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. Adding Jessie Alice Cammack as counsel of record for Jose Robles Rodriguez, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Martin Vargas Arellano for the reason indicated in the G-123 Notice. Filed by Plaintiffs Jose Robles Rodriguez, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Martin Vargas Arellano. (Attorney Jessie Alice Cammack added to party Martin Vargas Arellano(pty:pla), Attorney Jessie Alice Cammack added to party Charleston Edward Dacoff(pty:pla), Attorney Jessie Alice Cammack added to party Jose Hernandez Velasquez(pty:pla), Attorney Jessie Alice Cammack added to party Luis Lopez Salgado(pty:pla), Attorney Jessie Alice Cammack added to party Paola Rayon Vite(pty:pla), Attorney Jessie Alice Cammack added to party Jose Robles Rodriguez(pty:pla))(Cammack, Jessie) (Entered: 04/14/2020)

04/14/2020 54

MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Pursuant to Fed. R. Civ. P. 65(b)(2), the TRO will expire on April 16, 2020, the fourteenth day after the date of issuance, unless, for good cause, the Court extends it. The parties have filed their respective briefs in response to the Courts Order to Show Cause: re: Preliminary Injunction. The Court finds that good cause exists under Rule 65(b)(2)to extend the TRO for an additional 14days. The good cause is that the extension will allow the Court time to consider the significant constitutional issues raised in the parties briefs. The TRO will remain in effect until April 30, 2020. See order for further details. (shb) (Entered: 04/14/2020)

04/14/2020

55 APPLICATION of Non-Resident Attorney William M. Friedman to Appear Pro Hac Vice on behalf of Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26079453) filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Attachments: # 1 Proposed Order) (Barnett, Amanda) (Entered: 04/14/2020)

04/14/2020

56 APPLICATION of Non-Resident Attorney Samir Deger-Sen to Appear Pro Hac Vice on behalf of Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez,

Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26079533) filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Attachments: # 1 Proposed Order) (Barnett, Amanda) (Entered: 04/14/2020)

04/14/2020 57

MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the parties shall file by 5:00 p.m. on April 26, 2020, proposed Findings of Fact and Conclusions of Law for the submitted OSC re preliminary injunction. (shb) (Entered: 04/14/2020)

04/15/2020

58 DECLARATION of Margaret Hellerstein re Declaration (Motion related), 46 Second Supplemental Declaration filed by Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered: 04/15/2020)

04/16/2020

59 NOTICE filed by Defendants Matthew T. Albence, James Janecka, David Marin, U.S. Immigrations and Customs Enforcement;, Chad F. Wolf. (Attachments: # 1 Declaration of Gabriel Valdez)(Burrelle, Hillary) (Entered: 04/16/2020)

04/16/2020

60 ORDER by Judge Terry J. Hatter, Jr: Granting 55 Non-Resident Attorney William M Friedman APPLICATION to Appear Pro Hac Vice on behalf of Jose Robles Rodriguez, Charleston Edward Dacoff; Jose Hernandez Velasquez Salgado; Paola Rayon Vite; Martin Vargas Arellano, designating Amanda Barnett as local counsel. (shb) (Entered: 04/16/2020)

04/16/2020

61 ORDER by Judge Terry J. Hatter, Jr: Granting 56 Non-Resident Attorney Samit Deger-Sen APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs, Jose Robles Rodriquez; Charleston Edward Dacoff; Jose Hernandez Velasquez; Luis Lopez Salgado; Paola Rayon Vite; Martin Vargas Arellano, designating Amanda Barnett as local counsel. (shb) (Entered: 04/16/2020)

04/16/2020

62 NOTICE OF LODGING filed Petitioners' Proposed Finding of Facts and Conclusions of Law re Minutes of In Chambers

Order/Directive - no proceeding held, 52 , Minutes of In Chambers Order/Directive - no proceeding held, 57

(Attachments: # 1 Proposed Findings of Fact and Conclusions of Law)(Bansal, Jessica) (Entered: 04/16/2020)

04/16/2020 04/24/2020 04/27/2020
06/01/2020

63 NOTICE OF LODGING filed re Defendants' [Proposed] Findings of Fact and Conclusions of Law re Minutes of In Chambers
Order/Directive - no proceeding held, 57 (Attachments: # 1 [Proposed] Findings of Fact and Conclusions of Law)(Burrelle, Hillary) (Entered: 04/16/2020)
64 STAY ORDER by Judge Terry J. Hatter, Jr., that, pursuant to the Preliminary Injunction issued in Roman, Petitioner shall remain released pending a final resolution of Roman or further order of the Court. Further Ordered that pending a final resolution of Roman, this case be, and hereby is, Stayed. (See document for further details). (jp) (Entered: 04/24/2020)
65 MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the order of dismissal as to
Petitioner Jose Hernanez Velasquez in docket entry 51 is hereby vacated. Petitioner Jose Hernandez Velasquez is hereby ordered severed from this case and the Court will order the Clerk's Office to assign a new civil case number and copy all of the documents from the original case to the new assigned case. (shb) (Entered: 04/27/2020)
66 SCHEDULING ORDER by Judge Terry J. Hatter, Jr. The Court has considered the evidence and arguments presented in favor of and against Petitioners petition for a writ of habeas corpus. The Court will combine the evidentiary hearing on Petitioners petition for a writ of habeas corpus with a court trial on Petitioners claims for injunctive and declaratory relief. Each side will be allowed 8 hours to present their case. The time limit includes all aspects of the case, including opening statements, direct and cross examinations, arguments on objections, and closing arguments. In lieu of closing arguments, the parties may file closing briefs, of no more than 25 pages, no later than ten days after the conclusion of the evidentiary hearing and trial. The following dates are subject to change by the Court in response to the COVID-19 pandemic; at this time, it is unclear as to when the First Street Courthouse will re-open for evidentiary hearings and court trials for civil cases. Discovery cutoff 7/31/2020., Substantive Motion Filing Deadline by 8/10/2020., Motions in Limine Filing Deadline filed by 8/27/2020., Evidentiary Hearing and Court Trial set for 10/6/2020 at 10:00 a.m., Final Pretrial Conference set for 9/14/2020 at 10:00 a.m. While the Ninth Circuit has not yet reached the issue, it is clear to the Court that it has the inherent authority, at least in extraordinary cases, to release

02/05/2021

detainees on bail during the pendency of their habeas petitions. See order for further details. DOCKETED IN THIS CASE PER ATTACHMENT. (shb) (Entered: 06/01/2020)
67 Notice of Appearance or Withdrawal of Counsel: for attorney Michelle Y Cho counsel for Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez. Michelle Young Cho is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Jose Robles Rodriguez, et al.. (Cho, Michelle) (Entered: 02/05/2021)

PACER Service Center Transaction Receipt

03/05/2021 07:11:59

PACER Login:

CRClearinghouse

Client Code:

McEvoy

Description: Docket Report

Search Criteria:

5:20-cv-00627-TJHGJS End date: 3/5/2021

Billable Pages:

19

Cost:

1.90

Exempt flag: Not Exempt

Exempt reason:

Not Exempt

 
 Case 5:20-cv-00627-TJH-GJS Document 32 Filed 04/02/20 Page 1 of 2 Page ID #:552

Case 5:20-cv-00627-TJH-GJS Document 32 Filed 04/02/20 Page 2 of 2 Page ID #:553

 
 Case 5:20-cv-00627-TJH-GJS Document 35 Filed 04/02/20 Page 1 of 3 Page ID #:559

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United States District Court

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Central District of California

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Western Division

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12 MARTIN VARGAS ARELLANO,

CV 20-00627 TJH (GJSx)

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Petitioner,

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v.

15 CHAD T. WOLF, et al.,

Order

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Respondents.

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The Court has considered the application for a temporary restraining order

19 seeking immediate release, filed in connection with a petition for a writ of habeas

20 corpus, pursuant to 28 U.S.C. § 2241, challenging the conditions of confinement, by

21 Petitioner Martin Vargas Arellano, together with the moving and opposing papers.

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Petitioner is, currently, detained at the Adelanto Detention Center [“Adelanto”],

23 in San Bernardino County, which is within the Central District of California. Petitioner

24 asserts that, in light of the COVID-19 pandemic, the conditions of his confinement are,

25 now, unconstitutional. Petitioner has a history of various criminal convictions, but he

26 has completed his criminal sentences and is, now, a civil detainee.

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The Court incorporates by reference into this order the factual and legal grounds

28 supporting emergency injunctive relief, namely, immediate release, set forth in the

Order – Page 1 of 3

Case 5:20-cv-00627-TJH-GJS Document 35 Filed 04/02/20 Page 2 of 3 Page ID #:560

1 Court’s orders issued in Castillo v. Barr, CV 20-00605-TJH (AFMx)(C.D. Cal. Mar.

2 27, 2020), ECF No. 32; and Hernandez v. Wolf, CV 20-60017-TJH (KSx)(C.D. Cal.

3 Apr. 1, 2020), ECF No. 17.

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Based on the incorporated factual and legal grounds, and the facts and arguments

5 presented, here,

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It is Ordered that the application for a temporary restraining order be, and

8 hereby is, Granted.

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It is further Ordered that Respondents shall, by 5:00 p.m. on April 3, 2020,

11 release Petitioner Martin Vargas Arellano from custody pending further order of this

12 Court, and subject to the following conditions of release:

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1. Petitioner shall reside, and shelter in place, at the Echo Park Community

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Center, located at 303 Patton Street, Los Angeles, California 90026, as

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arranged by Petitioner’s counsel.

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2. Petitioner’s counsel shall arrange for Petitioner’s transportation from the

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Adelanto Detention Center to the Echo Park Community Center;

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3. Petitioner shall not leave the Echo Park Community Center, pending

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further order of the Court, except to obtain food or medical care;

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4. Petitioner shall not violate any federal, state or local laws;

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5. Petitioner shall not use or possess illegal drugs; and

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6. At the discretion of DHS and/or BICE, to enforce the above restrictions,

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Petitioner’s whereabouts may be monitored by telephonic and/or electronic

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and/or GPS monitoring and/or a location verification system and/or an

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automated identification system.

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It is further Ordered that Respondents shall show cause, if they have any, as

28 to why the Court should not issue a preliminary injunction in this case. Respondents’

Order – Page 2 of 3

Case 5:20-cv-00627-TJH-GJS Document 35 Filed 04/02/20 Page 3 of 3 Page ID #:561

1 response, if any, to this order to show cause shall be filed by Noon on April 9, 2020. 2 Petitioner’s reply, if any, to Respondents’ response shall be filed by Noon on April 14, 3 2020. The matter will then stand submitted.

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5 Date: April 2, 2020
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__________________________________ Terry J. Hatter, Jr.
Senior United States District Judge

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Order – Page 3 of 3

 
 Case 5:20-cv-00627-TJH-GJS Document 64 Filed 04/24/20 Page 1 of 2 Page ID #:894

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April 24, 2020

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VPC

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United States District Court

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Central District of California

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Western Division

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12 JOSE ROBLES RODRIGUEZ,

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Petitioner,

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v.

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Respondents.

CV 20-00627 TJH (GJSx)
Stay

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On April 23, 2020, the Court: (1) Provisionally certified Roman, et al. v. Wolf,

20 et al., CV 20-768 TJH (PVCx) as a class action pursuant to Fed. R. Civ. P. 23(b)(2);

21 and (2) Issued a class-wide Preliminary Injunction in Roman. As a class action certified

22 under Fed. R. Civ. P. 23(b)(2), Roman is a mandatory, no opt out class action. See

23 Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 361-62 (2011).

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Petitioner is a member of the provisionally certified class in Roman.

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The Court previously issued a Temporary Restraining Order, in this case,

28 ordering Petitioner’s release from detention.

Temporary Restraining Order – Page 1 of 2

Case 5:20-cv-00627-TJH-GJS Document 64 Filed 04/24/20 Page 2 of 2 Page ID #:895

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Accordingly,

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It is Ordered that, pursuant to the Preliminary Injunction issued in Roman,

4 Petitioner shall remain released pending a final resolution of Roman or further order of

5 the Court.

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It is further Ordered that pending a final resolution of Roman, this case be,

8 and hereby is, Stayed.

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11 Date: April 24, 2020
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__________________________________ Terry J. Hatter, Jr.
Senior United States District Judge

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Temporary Restraining Order – Page 2 of 2