ACCO,(KKx),CLOSED,DISCOVERY,MANADR
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA (Eastern Division − Riverside)
CIVIL DOCKET FOR CASE #: 5:18−cv−01609−JGB−KK

Stephenson Awah Teneng et al v. Donald J. Trump et al Assigned to: Judge Jesus G. Bernal Referred to: Magistrate Judge Kenly Kiya Kato Cause: 28:1331 Fed. Question
Plaintiff

Date Filed: 08/01/2018 Date Terminated: 10/29/2018 Jury Demand: None Nature of Suit: 560 Prisoner Petitions: Civil Detainee: Conditions of Confinement Jurisdiction: U.S. Government Defendant

Stephenson Awah Teneng and all others similarly situated

represented by Margot Knight Mendelson Prison Law Office 1917 Fifth Street Berkeley, CA 94710 510−280−2621 Fax: 510−280−2704 Email: mmendelson@prisonlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anne Elizabeth Smiddy Meyers Nave Riback Silver and Wilson 101 West Broadway Suite 1105 San Diego, CA 92101 619−569−2099 Fax: 619−330−4800 Email: asmiddy@meyersnave.com ATTORNEY TO BE NOTICED

Corene Kendrick Prison Law Office 1917 Fifth Street Berkeley, CA 94710 510−280−2621 Fax: 510−280−2704 Email: ckendrick@prisonlaw.com ATTORNEY TO BE NOTICED

Daniel Mach ACLU Foundation Program on Freedom of Religion and Belief 915 15th Street NW Suite 600 Washington, DC 20005 202−675−2330 Fax: 202−546−0738 Email: dmach@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED

David C Fathi ACLU Foundation Human Right Watch 1630 Connecticut Avenue NW Suite 500 Washington, DC 20009 202−612−4326 Fax: 202−393−4931 Email: dfathi@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED

Donald Specter Prison Law Office 1917 Fifth Street Berkeley, CA 94710 510−280−2621 Fax: 510−280−2704 Email: dspecter@prisonlaw.com ATTORNEY TO BE NOTICED
Elizabeth B Jordan Civil Rights Education and Enforcement Center 1245 E. Colfax Ave Suite 400 Denver, Co 80218 303−757−7901 Fax: 303−872−9072 Email: ejordan@creeclaw.org PRO HAC VICE ATTORNEY TO BE NOTICED
Ellyn Moscowitz Meyers Nave Riback Silver and Wilson 555 12th Street Suite 1500 Oakland, CA 94607 510−808−2000 Fax: 510−444−1108 Email: emoscowitz@meyersnave.com ATTORNEY TO BE NOTICED
Heather L Weaver ACLU Foundation 915 15th Street NW Suite 600 Washington, DC 20005 202−548−6603 Fax: 202−393−4931 Email: hweaver@aclu.org ATTORNEY TO BE NOTICED
Jason Sherriff Rosenberg Meyers Nave Riback Silver and Wilson 555 Twelfth Street Suite 1500 Oakland, CA 94607 510−808−2000 Fax: 510−444−1108 Email: jrosenberg@meyersnave.com ATTORNEY TO BE NOTICED
Lori J Barker Meyers Nave Riback Silver and Wilson 555 Capitol Mall Suite 1200 Sacramento, CA 95814 916−556−1531 Fax: 916−556−1516 Email: lbarker@meyersnave.com ATTORNEY TO BE NOTICED
Michael Bryan Kaufman ACLU Foundation of Southern California 1313 West Eighth Street Los Angeles, CA 90017 213−977−5232 Fax: 213−977−5297 Email: mkaufman@aclu−sc.org

Plaintiff
Marcel Ngwa and all others similarly situated

ATTORNEY TO BE NOTICED
Nancy E Harris Meyers Nave Riback Silver and Wilson 555 Twelfth Street Suite 1500 Oakland, CA 94607 510−808−2100 Fax: 510−444−1108 Email: nharris@meyersnave.com ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham ACLU of Southern California 313 West 8th Street Los Angeles, CA 90017 213−977−5215 Email: rarulanantham@rbgg.com TERMINATED: 09/05/2018
Timothy P Fox Civil Rights Education and Enforcement Center 1245 E. Colfax Ave Suite 400 Denver Denver, CO 80218 303−757−7901 Fax: 303−593−3339 Email: tfox@creeclaw.org ATTORNEY TO BE NOTICED
Victoria A Lopez ACLU Foundation 915 15th Street NW Suite 600 Washington, DC 20005 202−548−6616 Fax: 202−393−4931 Email: vlopez@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Anne Elizabeth Smiddy (See above for address) ATTORNEY TO BE NOTICED
Corene Kendrick (See above for address) ATTORNEY TO BE NOTICED
Daniel Mach (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
David C Fathi (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Donald Specter (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Ankush Kumar and all others similarly situated

Elizabeth B Jordan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Ellyn Moscowitz (See above for address) ATTORNEY TO BE NOTICED
Heather L Weaver (See above for address) ATTORNEY TO BE NOTICED
Jason Sherriff Rosenberg (See above for address) ATTORNEY TO BE NOTICED
Lori J Barker (See above for address) ATTORNEY TO BE NOTICED
Michael Bryan Kaufman (See above for address) ATTORNEY TO BE NOTICED
Nancy E Harris (See above for address) ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham (See above for address) TERMINATED: 09/05/2018
Timothy P Fox (See above for address) ATTORNEY TO BE NOTICED
Victoria A Lopez (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Margot Knight Mendelson (See above for address) ATTORNEY TO BE NOTICED
represented by Anne Elizabeth Smiddy (See above for address) ATTORNEY TO BE NOTICED
Corene Kendrick (See above for address) ATTORNEY TO BE NOTICED
Daniel Mach (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
David C Fathi (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff
Gurjinder Singh and all others similarly situated

Donald Specter (See above for address) ATTORNEY TO BE NOTICED
Elizabeth B Jordan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Ellyn Moscowitz (See above for address) ATTORNEY TO BE NOTICED
Heather L Weaver (See above for address) ATTORNEY TO BE NOTICED
Jason Sherriff Rosenberg (See above for address) ATTORNEY TO BE NOTICED
Lori J Barker (See above for address) ATTORNEY TO BE NOTICED
Michael Bryan Kaufman (See above for address) ATTORNEY TO BE NOTICED
Nancy E Harris (See above for address) ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham (See above for address) TERMINATED: 09/05/2018
Timothy P Fox (See above for address) ATTORNEY TO BE NOTICED
Victoria A Lopez (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Margot Knight Mendelson (See above for address) ATTORNEY TO BE NOTICED
represented by Anne Elizabeth Smiddy (See above for address) ATTORNEY TO BE NOTICED
Corene Kendrick (See above for address) ATTORNEY TO BE NOTICED
Daniel Mach (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff Atinder Paul Singh

David C Fathi (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Donald Specter (See above for address) ATTORNEY TO BE NOTICED
Elizabeth B Jordan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Ellyn Moscowitz (See above for address) ATTORNEY TO BE NOTICED
Heather L Weaver (See above for address) ATTORNEY TO BE NOTICED
Jason Sherriff Rosenberg (See above for address) ATTORNEY TO BE NOTICED
Lori J Barker (See above for address) ATTORNEY TO BE NOTICED
Michael Bryan Kaufman (See above for address) ATTORNEY TO BE NOTICED
Nancy E Harris (See above for address) ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham (See above for address) TERMINATED: 09/05/2018
Timothy P Fox (See above for address) ATTORNEY TO BE NOTICED
Victoria A Lopez (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Margot Knight Mendelson (See above for address) ATTORNEY TO BE NOTICED
represented by Anne Elizabeth Smiddy (See above for address) ATTORNEY TO BE NOTICED
Corene Kendrick (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Noe Mauricio Granados Aquino and all others similarly situated

Daniel Mach (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
David C Fathi (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Donald Specter (See above for address) ATTORNEY TO BE NOTICED
Elizabeth B Jordan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Ellyn Moscowitz (See above for address) ATTORNEY TO BE NOTICED
Heather L Weaver (See above for address) ATTORNEY TO BE NOTICED
Jason Sherriff Rosenberg (See above for address) ATTORNEY TO BE NOTICED
Lori J Barker (See above for address) ATTORNEY TO BE NOTICED
Michael Bryan Kaufman (See above for address) ATTORNEY TO BE NOTICED
Nancy E Harris (See above for address) ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham (See above for address) TERMINATED: 09/05/2018
Timothy P Fox (See above for address) ATTORNEY TO BE NOTICED
Victoria A Lopez (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Margot Knight Mendelson (See above for address) ATTORNEY TO BE NOTICED
represented by Margot Knight Mendelson (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anne Elizabeth Smiddy (See above for address) ATTORNEY TO BE NOTICED
Corene Kendrick (See above for address) ATTORNEY TO BE NOTICED
Daniel Mach (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
David C Fathi (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Donald Specter (See above for address) ATTORNEY TO BE NOTICED
Elizabeth B Jordan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Ellyn Moscowitz (See above for address) ATTORNEY TO BE NOTICED
Heather L Weaver (See above for address) ATTORNEY TO BE NOTICED
Jason Sherriff Rosenberg (See above for address) ATTORNEY TO BE NOTICED
Lori J Barker (See above for address) ATTORNEY TO BE NOTICED
Michael Bryan Kaufman (See above for address) ATTORNEY TO BE NOTICED
Nancy E Harris (See above for address) ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham (See above for address) TERMINATED: 09/05/2018
Timothy P Fox (See above for address) ATTORNEY TO BE NOTICED
Victoria A Lopez (See above for address) PRO HAC VICE

V. Defendant Donald J. Trump President of the United States, in their official capacities only
Defendant Kirstjen Nielsen Secretary Department of Homeland Security, in their official capacities only
Defendant Ronald D. Vitiello Acting Director Immigration and Customs Enforcement, in their official capacities only Defendant David Marin Field Office Director, Los Angeles Field Office of Immigration and Customs Enforcement, in their official capacities only Defendant Jefferson Beauregard Sessions, III U.S. Attorney General, in their official capacities only
Defendant Hugh J. Hurwitz Acting Director Federal Bureau of Prisons, in their official capacities only
Defendant David Shinn Warden, FCI Victorville Medium Security

ATTORNEY TO BE NOTICED
represented by David E Pinchas AUSA − Office of US Attorney Civil Division 300 North Los Angeles Street Suite 7516 Los Angeles, CA 90012 213−894−2920 Fax: 213−894−7819 Email: usacac.civil@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joanne I Osinoff AUSA − Office of US Attorney Civil Division 300 North Los Angeles Street Suite 7516 Los Angeles, CA 90012 213−894−6880 Fax: 213−894−7819 Email: USACAC.Civil@usdoj.gov ATTORNEY TO BE NOTICED
represented by David E Pinchas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David E Pinchas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David E Pinchas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David E Pinchas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David E Pinchas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David E Pinchas (See above for address)

Prison I/II, in their official capacities only

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/01/2018
08/01/2018 08/01/2018 08/01/2018 08/01/2018 08/02/2018 08/02/2018 08/02/2018 08/02/2018
08/02/2018

# Docket Text
1 COMPLAINT Receipt No: 0973−22182360 − Fee: $400, filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Gurjinder Singh, Stephenson Awah Teneng, Atinder Paul Singh. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20) (Attorney Margot Knight Mendelson added to party Noe Mauricio Granados Aquino(pty:pla), Attorney Margot Knight Mendelson added to party Ankush Kumar(pty:pla), Attorney Margot Knight Mendelson added to party Marcel Ngwa(pty:pla), Attorney Margot Knight Mendelson added to party Atinder Paul Singh(pty:pla), Attorney Margot Knight Mendelson added to party Gurjinder Singh(pty:pla), Attorney Margot Knight Mendelson added to party Stephenson Awah Teneng(pty:pla))(Mendelson, Margot) (Entered: 08/01/2018)
2 CIVIL COVER SHEET filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Mendelson, Margot) (Entered: 08/01/2018)
3 Certification and NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Mendelson, Margot) (Entered: 08/01/2018)
4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,, 1 filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Mendelson, Margot) (Entered: 08/01/2018)
5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,, 1 filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Mendelson, Margot) (Entered: 08/01/2018)
6 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato. (lh) (Entered: 08/02/2018)
7 NOTICE TO PARTIES OF COURT−DIRECTED ADR PROGRAM filed. (lh) (Entered: 08/02/2018)
8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 5 . The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re−file your request. (lh) (Entered: 08/02/2018)
9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non−Resident Attorney David C. 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. (lh) (Entered: 08/02/2018)
10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non−Resident Attorney Daniel Mach. 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

08/02/2018
08/02/2018
08/02/2018 08/03/2018 08/03/2018 08/08/2018 08/08/2018
08/08/2018

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. (lh) (Entered: 08/02/2018)
11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non−Resident Attorney Victoria Lopez. 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. (lh) (Entered: 08/02/2018)
12 NOTICE OF PRO HAC VICE APPLICATION DUE for Non−Resident Attorney Elizabeth Jordan. 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. (lh) (Entered: 08/02/2018)
13 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,, 1 filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Mendelson, Margot) (Entered: 08/02/2018)
14 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Donald J. Trump. (twdb) (Entered: 08/06/2018)
15 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendants Hugh J. Hurwitz, David Marin, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, David Shinn, Ronald D. Vitiello. (twdb) (Entered: 08/06/2018)
16 STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima) (Entered: 08/08/2018)
17 APPLICATION of Non−Resident Attorney Daniel I. Mach to Appear Pro Hac Vice on behalf of Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng (Pro Hac Vice Fee − $400 Fee Paid, Receipt No. 0973−22221868) filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Attachments: # 1 Proposed Order) (Attorney Michael Bryan Kaufman added to party Noe Mauricio Granados Aquino(pty:pla), Attorney Michael Bryan Kaufman added to party Ankush Kumar(pty:pla), Attorney Michael Bryan Kaufman added to party Marcel Ngwa(pty:pla), Attorney Michael Bryan Kaufman added to party Atinder Paul Singh(pty:pla), Attorney Michael Bryan Kaufman added to party Gurjinder Singh(pty:pla), Attorney Michael Bryan Kaufman added to party Stephenson Awah Teneng(pty:pla)) (Kaufman, Michael) (Entered: 08/08/2018)
18 APPLICATION of Non−Resident Attorney David C. Fathi to Appear Pro Hac Vice on behalf of Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng (Pro Hac Vice Fee − $400 Fee Paid, Receipt No. 0973−22222930) filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Attachments: # 1 Proposed Order) (Kaufman, Michael) (Entered: 08/08/2018)

08/08/2018 08/09/2018 08/09/2018 08/09/2018 08/17/2018 08/22/2018
08/22/2018 08/29/2018
08/29/2018

19 APPLICATION of Non−Resident Attorney Elizabeth B. Jordan to Appear Pro Hac Vice on behalf of Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng (Pro Hac Vice Fee − $400 Fee Paid, Receipt No. 0973−22223000) filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Attachments: # 1 Proposed Order) (Kaufman, Michael) (Entered: 08/08/2018)
20 ORDER by Judge Jesus G. Bernal: granting 17 Non−Resident Attorney Daniel I. Mach APPLICATION to Appear Pro Hac Vice on behalf of Teneng et al., Plaintiffs, designating Michael B. Kaufman as local counsel. (twdb) (Entered: 08/09/2018)
21 ORDER by Judge Jesus G. Bernal: granting 18 Non−Resident Attorney David C. Fathi APPLICATION to Appear Pro Hac Vice on behalf of Stephenson Awah Teneng, et al., designating Michael Kaufman as local counsel. (twdb) (Entered: 08/09/2018)
22 ORDER by Judge Jesus G. Bernal: granting 19 Non−Resident Attorney Elizabeth B. Jordan APPLICATION to Appear Pro Hac Vice on behalf of Stephenson Awah Teneng, et al., Plaintiffs, designating Michael Kaufman as local counsel. (twdb) (Entered: 08/09/2018)
23 APPLICATION of Non−Resident Attorney Victoria A. Lopez to Appear Pro Hac Vice on behalf of Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng (Pro Hac Vice Fee − $400 Fee Paid, Receipt No. 0973−22273915) filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Attachments: # 1 Proposed Order) (Kaufman, Michael) (Entered: 08/17/2018)
24 PROOF OF SERVICE Executed by Plaintiff Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Gurjinder Singh, Stephenson Awah Teneng, Atinder Paul Singh, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Fabiola De La Rosa, Civil Clerk. Executed upon the Attorney Generals Office of the United States by delivering a copy to Certified Mail. Executed upon the officer agency or corporation by delivering a copy to Certified Mail. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Fox, Timothy) (Entered: 08/22/2018)
25 ORDER by Judge Jesus G. Bernal: granting 23 Non−Resident Attorney Victoria A. Lopez APPLICATION to Appear Pro Hac Vice on behalf of Stephenson Awah Teneng, et al., Plaintiffs, designating Michael Kaufman as local counsel. (twdb) (Entered: 08/23/2018)
26 PROOF OF SERVICE Executed by Plaintiff Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Gurjinder Singh, Stephenson Awah Teneng, Atinder Paul Singh, upon Defendant Donald J. Trump served on 8/27/2018, answer due 10/26/2018. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Pay Myles, Civil Intake Clerk. Executed upon the Attorney Generals Office of the United States by delivering a copy to Certified Mail. Executed upon the officer agency or corporation by delivering a copy to Certified Mail. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration attached. Registered or certified mail return receipt NOT attached. Original Summons returned. Amended Proof of Service. (Fox, Timothy) (Entered: 08/29/2018)
27 PROOF OF SERVICE Executed by Plaintiff Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Gurjinder Singh, Stephenson Awah Teneng, Atinder Paul Singh, upon Defendant Hugh J. Hurwitz served on 8/27/2018, answer due 10/26/2018; David Marin served on 8/27/2018, answer due 10/26/2018; Kirstjen Nielsen served on 8/27/2018, answer due 10/26/2018; David Shinn served on 8/27/2018, answer due 10/26/2018; Ronald D. Vitiello served on 8/27/2018, answer due 10/26/2018. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Pay Myles, Civil Intake Clerk. Executed upon the Attorney Generals Office of the United States by delivering a copy to Certified Mail. Executed upon the officer agency or corporation by delivering a copy to Certified

08/29/2018 08/31/2018 08/31/2018 08/31/2018 08/31/2018

Mail. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration attached. Registered or certified mail return receipt attached. Original Summons returned. Amended Proof of Service. (Fox, Timothy) (Entered: 08/29/2018)
28 PROOF OF SERVICE Executed by Plaintiff Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Gurjinder Singh, Stephenson Awah Teneng, Atinder Paul Singh, upon Defendant Jefferson Beauregard Sessions, III served on 8/29/2018, answer due 10/29/2018. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Pay Myles, Civil Intake Clerk. Executed upon the Attorney Generals Office of the United States by delivering a copy to Certified Mail. Executed upon the officer agency or corporation by delivering a copy to Certified Mail. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration attached. Registered or certified mail return receipt attached. Original Summons returned. Amended Proof of Service. (Fox, Timothy) (Entered: 08/29/2018)
29 Notice of Appearance or Withdrawal of Counsel: for attorney Jason Sherriff Rosenberg counsel for Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. Adding Jason Sherriff Rosenberg as counsel of record for Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Gurjinder Singh, Stephenson Awah Teneng, Atinder Paul Singh for the reason indicated in the G−123 Notice. Filed by Plaintiff Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Gurjinder Singh, Stephenson Awah Teneng, Atinder Paul Singh. (Attorney Jason Sherriff Rosenberg added to party Noe Mauricio Granados Aquino(pty:pla), Attorney Jason Sherriff Rosenberg added to party Ankush Kumar(pty:pla), Attorney Jason Sherriff Rosenberg added to party Marcel Ngwa(pty:pla), Attorney Jason Sherriff Rosenberg added to party Atinder Paul Singh(pty:pla), Attorney Jason Sherriff Rosenberg added to party Gurjinder Singh(pty:pla), Attorney Jason Sherriff Rosenberg added to party Stephenson Awah Teneng(pty:pla))(Rosenberg, Jason) (Entered: 08/31/2018)
30 Notice of Appearance or Withdrawal of Counsel: for attorney Lori J Barker counsel for Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. Adding Lori J Barker as counsel of record for Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng for the reason indicated in the G−123 Notice. Filed by Plaintiff Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Attorney Lori J Barker added to party Noe Mauricio Granados Aquino(pty:pla), Attorney Lori J Barker added to party Ankush Kumar(pty:pla), Attorney Lori J Barker added to party Marcel Ngwa(pty:pla), Attorney Lori J Barker added to party Atinder Paul Singh(pty:pla), Attorney Lori J Barker added to party Gurjinder Singh(pty:pla), Attorney Lori J Barker added to party Stephenson Awah Teneng(pty:pla))(Barker, Lori) (Entered: 08/31/2018)
31 Notice of Appearance or Withdrawal of Counsel: for attorney Ellyn Moscowitz counsel for Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. Adding Ellyn L. Moscowitz as counsel of record for Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng for the reason indicated in the G−123 Notice. Filed by Plaintiff Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Attorney Ellyn Moscowitz added to party Noe Mauricio Granados Aquino(pty:pla), Attorney Ellyn Moscowitz added to party Ankush Kumar(pty:pla), Attorney Ellyn Moscowitz added to party Marcel Ngwa(pty:pla), Attorney Ellyn Moscowitz added to party Atinder Paul Singh(pty:pla), Attorney Ellyn Moscowitz added to party Gurjinder Singh(pty:pla), Attorney Ellyn Moscowitz added to party Stephenson Awah Teneng(pty:pla))(Moscowitz, Ellyn) (Entered: 08/31/2018)
32 Notice of Appearance or Withdrawal of Counsel: for attorney Nancy E Harris counsel for Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. Adding Nancy E. Harris as counsel of record for Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng for the reason indicated in the G−123 Notice. Filed by Plaintiff Noe Mauricio Granados Aquino,

09/04/2018
09/04/2018 09/04/2018 09/04/2018 09/04/2018 09/04/2018 09/04/2018 09/05/2018 09/05/2018

Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Attorney Nancy E Harris added to party Noe Mauricio Granados Aquino(pty:pla), Attorney Nancy E Harris added to party Ankush Kumar(pty:pla), Attorney Nancy E Harris added to party Marcel Ngwa(pty:pla), Attorney Nancy E Harris added to party Atinder Paul Singh(pty:pla), Attorney Nancy E Harris added to party Gurjinder Singh(pty:pla), Attorney Nancy E Harris added to party Stephenson Awah Teneng(pty:pla))(Harris, Nancy) (Entered: 08/31/2018)
33 Notice of Appearance or Withdrawal of Counsel: for attorney Anne Elizabeth Smiddy counsel for Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. Adding Anne E. Smiddy as counsel of record for Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng for the reason indicated in the G−123 Notice. Filed by Plaintiff Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Attorney Anne Elizabeth Smiddy added to party Noe Mauricio Granados Aquino(pty:pla), Attorney Anne Elizabeth Smiddy added to party Ankush Kumar(pty:pla), Attorney Anne Elizabeth Smiddy added to party Marcel Ngwa(pty:pla), Attorney Anne Elizabeth Smiddy added to party Atinder Paul Singh(pty:pla), Attorney Anne Elizabeth Smiddy added to party Gurjinder Singh(pty:pla), Attorney Anne Elizabeth Smiddy added to party Stephenson Awah Teneng(pty:pla))(Smiddy, Anne) (Entered: 09/04/2018)
34 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. Motion set for hearing on 10/9/2018 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Proposed Order) (Kendrick, Corene) (Entered: 09/04/2018)
35 DECLARATION of Corene Kendrick in support of NOTICE OF MOTION AND MOTION to Certify Class 34 filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Attachments: # 1 Exhibit 1)(Kendrick, Corene) (Entered: 09/04/2018)
36 DECLARATION of Donald Specter in support of NOTICE OF MOTION AND MOTION to Certify Class 34 filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Attachments: # 1 Exhibit 1−3)(Kendrick, Corene) (Entered: 09/04/2018)
37 DECLARATION of David C. Fathi in support of NOTICE OF MOTION AND MOTION to Certify Class 34 filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Kendrick, Corene) (Entered: 09/04/2018)
38 DECLARATION of Timothy Fox in support of NOTICE OF MOTION AND MOTION to Certify Class 34 filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Kendrick, Corene) (Entered: 09/04/2018)
39 DECLARATION of Nancy Harris in support of NOTICE OF MOTION AND MOTION to Certify Class 34 filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Kendrick, Corene) (Entered: 09/04/2018)
40 Notice of Appearance or Withdrawal of Counsel: for attorney Rekha Elaine Arulanantham counsel for Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. Rekha Arulanantham is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G−123 Notice. Filed by Attorney Rekha Arulanantham. (Arulanantham, Rekha) (Entered: 09/05/2018)
41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Certify Class 34 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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.

09/05/2018 09/06/2018 09/06/2018 09/11/2018 09/11/2018 09/20/2018
09/21/2018 09/24/2018

You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 09/05/2018)
42 NOTICE OF MOTION AND MOTION to Exceed Page Limitation Memoranda of Points and Authority to PI Motion, NOTICE OF MOTION AND MOTION to Exceed the 25−page limit filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Attachments: # 1 Declaration Donald Specter ISO Motion for Leave to Exceed, # 2 Proposed Order Granting Motion for Leave to Exceed Page Limits) (Mendelson, Margot) (Entered: 09/05/2018)
43 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Exceed Page Limitation Memoranda of Points and Authority to PI Motion NOTICE OF MOTION AND MOTION to Exceed the 25−page limit 42 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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. (ad) (Entered: 09/06/2018)
44 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order GRANTING IN PART AND DENYING IN PART Plaintiffs' Motion to Exceed the Twenty Five Page Limit for Memoranda of Points and Authority 42 . (twdb) (Entered: 09/07/2018)
45 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Granting Plaintiffs Constitutional rights and accompanying Memorandum of Points and Authorities. Motion filed by Plaintiff Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. Motion set for hearing on 10/15/2018 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Declaration Mendelson Declaration ISO Motion, # 11 Proposed Order Granting Motion) (Mendelson, Margot) (Entered: 09/11/2018)
46 NOTICE OF MOTION AND MOTION for Order for allowing limited expedited discovery filed by plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. Motion set for hearing on 10/15/2018 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Declaration of Ana Diaz, # 2 Proposed Order Limited Expedited Discovery)(Mendelson, Margot) (Entered: 09/11/2018)
47 Notice of Appearance or Withdrawal of Counsel: for attorney David E Pinchas counsel for Defendants Hugh J. Hurwitz, David Marin, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, David Shinn, Donald J. Trump, Ronald D. Vitiello. Adding David Pinchas as counsel of record for Donald J. Trump; Kirstjen Nielsen; Ronald D. Vitiello; David Marin; Jefferson Beauregard Sessions, III; Hugh J. Hurwitz; David Shinn for the reason indicated in the G−123 Notice. Filed by Defendants Donald J. Trump; Kirstjen Nielsen; Ronald D. Vitiello; David Marin; Jefferson Beauregard Sessions, III; Hugh J. Hurwitz; and David Shinn. (Attorney David E Pinchas added to party Hugh J. Hurwitz(pty:dft), Attorney David E Pinchas added to party David Marin(pty:dft), Attorney David E Pinchas added to party Kirstjen Nielsen(pty:dft), Attorney David E Pinchas added to party Jefferson Beauregard Sessions, III(pty:dft), Attorney David E Pinchas added to party David Shinn(pty:dft), Attorney David E Pinchas added to party Donald J. Trump(pty:dft), Attorney David E Pinchas added to party Ronald D. Vitiello(pty:dft))(Pinchas, David) (Entered: 09/20/2018)
48 Joint STIPULATION for Extension of Time to File Oppositions to Plaintiffs' Motions for Class Certification, Preliminary Injunction and For Expedited Discovery filed by Defendants Donald J. Trump. (Attachments: # 1 Declaration of Joanne Osinoff, # 2 Proposed Order)(Attorney Joanne I Osinoff added to party Donald J. Trump(pty:dft))(Osinoff, Joanne) (Entered: 09/21/2018)
49 OPPOSITION in Opposition to re: NOTICE OF MOTION AND MOTION to Certify Class 34 , Memorandum of Points and Authorities filed by Defendants Hugh J. Hurwitz, David Marin, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, David Shinn, Donald J. Trump, Ronald D. Vitiello. (Attachments: # 1 Declaration of Ian

09/27/2018 10/01/2018
10/02/2018 10/02/2018 10/02/2018 10/04/2018 10/18/2018 10/26/2018 10/29/2018
11/28/2018 11/29/2018

Herrera, # 2 Declaration of Tae D. Johnson, # 3 Declaration of Jess Pino, # 4 Exhibit "A" − "G")(Pinchas, David) (Entered: 09/24/2018)
50 ORDER by Judge Jesus G. Bernal, Granting Joint Stipulation for Extension of Time For Defendants' to Oppose Plaintiffs' Motions for Class Certification, Preliminary Injunction, and for Expedited Discovery 48 . The hearing date for Plaintiffs' MOTION to Certify Class 34 will be continued to 10/15/18 at 9:00 a.m. . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 10/01/2018)
51 STIPULATION for Extension of Time to File Briefing on Plaintiffs' Motions for Class Certification, Preliminary Injunction, and Expedited Discovery filed by Defendants Hugh J. Hurwitz, David Marin, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, David Shinn, Donald J. Trump, Ronald D. Vitiello. (Attachments: # 1 Proposed Order re: Joint Stipulation for Extension of Time for Briefing on Plaintiffs' Motions for Class Certification, Preliminary Injunction, and Expedited Discovery)(Pinchas, David) (Entered: 10/01/2018)
52 Amendment to NOTICE OF MOTION AND MOTION to Certify Class 34 filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Kendrick, Corene) (Entered: 10/02/2018)
53 Amendment to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Granting Plaintiffs Constitutional rights and accompanying Memorandum of Points and Authorities. Motion 45 filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Kendrick, Corene) (Entered: 10/02/2018)
54 Amendment to MOTION for Order for allowing limited expedited discovery 46 filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Kendrick, Corene) (Entered: 10/02/2018)
55 ORDER by Judge Jesus G. Bernal, Granting Stipulation for Extension of Time For Briefing 51 . The hearing RE Plaintiffs' Motion(s) are continued RE MOTION for Preliminary Injunction 45 MOTION for Order allowing limited expedited discovery 46 , NOTICE OF MOTION AND MOTION to Certify Class 34 Motion hearing continued to 11/19/2018 at 09:00 AM before Judge Jesus G. Bernal. (twdb) (Entered: 10/05/2018)
56 STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening),,,, 1 filed by Federal Defendants Jefferson Beauregard Sessions, III, Donald J. Trump, Ronald D. Vitiello, Hugh J. Hurwitz, Kirstjen Nielsen, David Marin, David Shinn.(Pinchas, David) (Entered: 10/18/2018)
57 NOTICE of Settlement filed by Defendants Hugh J. Hurwitz, David Marin, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, David Shinn, Donald J. Trump, Ronald D. Vitiello. (Pinchas, David) (Entered: 10/26/2018)
58 SCHEDULING NOTICE by Judge Jesus G. Bernal: In light of the Notice of Settlement filed October 26, 2018 (Doc. No. 57), indicating that the case has settled in its entirety, this action is placed in inactive status. By November 28, 2018, the parties shall file either (1) a proper stipulation and order for dismissal or judgment or (2) a motion to reopen if settlement has not been consummated. Upon the failure to timely comply with this Order, this action shall be deemed dismissed as of November 29, 2018. This Court retains full jurisdiction over this action and this Order shall not prejudice any party. All previously set deadlines and dates are hereby VACATED. (JS−6) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ima) TEXT ONLY ENTRY (Entered: 10/29/2018)
59 STATUS REPORT Plaintiffs Motion to Reopen Case Pursuant to Court Order (Doc. 58) filed by Plaintiffs Noe Mauricio Granados Aquino, Ankush Kumar, Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, Stephenson Awah Teneng. (Kendrick, Corene) (Entered: 11/28/2018)
60 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion and Motion to Reopen Case 59 . The following error(s) was/were

found: Incorrect event selected. Correct event to be used is: "Motions and Related Filings" − Applications/Ex Parte Applications/Motions/Requests − Motion. Hearing information is missing, incorrect, or not timely. 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. (ad) (Entered: 11/29/2018)

 
 Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 1 of 39 Page ID #:1

Ballard Spahr LLP One Sin, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 Donald Specter, CA #083925 dspecter@prisonlaw.com
2 Corene T. Kendrick, CA #226642 ckendrick@prisonlaw.com
3 Margot K. Mendelson, CA #268583 mmendelson@prisonlaw.com
4 PRISON LAW OFFICE 1917 Fifth Street
5 Berkeley, CA 94710 Phone: 510-280-2621
6 Fax: 510-280-2704

7
[ADDITIONAL COUNSEL ON 8 FOLLOWING PAGE]

9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11

EASTERN DIVISION – RIVERSIDE

12

STEPHENSON AWAH TENENG, MARCEL NGWA, ANKUSH KUMAR,

Case Number:

13

GURJINDER SINGH, ATINDER PAUL SINGH, NOE MAURICIO GRANADOS

14 AQUINO, and all others similarly situated, COMPLAINT

15

Plaintiffs, CLASS ACTION

16

v. DONALD J. TRUMP, President of the

17

United States, KIRSTJEN NIELSEN, Secretary

18

Department of Homeland Security; RONALD D. VITIELLO, Acting Director,

19

Immigration and Customs Enforcement; DAVID MARIN, Field Office Director, Los

20

Angeles Field Office of Immigration and Customs Enforcement;

21

JEFFERSON BEAUREGARD SESSIONS, III, U.S. Attorney General;

22

HUGH J. HURWITZ, Acting Director, Federal Bureau of Prisons,

23

DAVID SHINN, Warden, FCI Victorville Medium Security Prison I/II, in their official

24 capacities only,

25

Defendants.

26

27

28

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 2 of 39 Page ID #:2

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

David C. Fathi (pro hac vice to be filed)* dfathi@aclu.org

2

Daniel Mach (pro hac vice to be filed) dmach@aclu.org

3

Victoria Lopez (pro hac vice to be filed)* vlopez@aclu.org

4

Heather L. Weaver, CA # 226853 hweaver@aclu.org

5

Rekha Arulanantham*, CA #317995 rarulanantham@aclu.org

6

ACLU FOUNDATION 915 15th St. N.W., Ste. 600

7

Washington, DC 20005 Phone: (202) 548-6603

8 Fax: (202) 393-4931

9 *Not admitted in DC; practice limited to federal courts

10

Timothy Fox, CA #157750 tfox@creeclaw.org

11

Elizabeth Jordan (pro hac vice to be filed)* ejordan@creeclaw.org

12

CIVIL RIGHTS EDUCATION AND ENFORCEMENT CENTER

13

104 Broadway, Suite 400 Denver, CO 80203

14

Phone: 303-757-7901 Fax: 303-593-3339

15 *Not admitted in Colorado

16 Attorneys for Plaintiffs, on behalf of

17 themselves and others similarly situated

18

19

20

21

22

23

24

25

26

27

28

2

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 3 of 39 Page ID #:3

Ballard Spahr LLP One Sin, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

INTRODUCTION

2

1. Shackled at the ankles and wrists, men in orange and brown prison

3 jumpsuits shuffle from prison buildings to buses, surrounded by chained link

4 fences and barbed wire in the hot California desert. Inside the prison, they are

5 confused, despondent, and hungry. They are locked in prison cells for much of

6 the day and all night. No health care provider has assessed them, asked if they

7 are suicidal, or attempted to help them cope with the underlying trauma that

8 drove many of them to seek asylum in this country. In the chow hall, they are

9 offered inadequate and, at times, inedible food, such as spoiled milk and

10 sandwiches that consist of just two slices of bread. Uniformed corrections

11 officers rush the men out of the chow hall only minutes after food is served.

12

2. Outdoor exercise is limited to only a few hours of fresh air and

13 sunlight each week. Correctional officers bark orders in English, occasionally

14 in Spanish, even though many of the men speak only French, Punjabi, Mam, or

15 other languages. As if these conditions were not appalling enough, Defendants

16 have stripped from the imprisoned men one of the few things that might bring

17 them some sense of comfort or peace of mind—the ability to freely practice

18 their faith. Defendants fail to provide religious services or consultation with

19 clergy, and they prohibit detainees from engaging in group prayer and

20 congregate worship. They deny detainees halal or kosher meals that comport

21 with their religious needs, forcing many to go hungry. Upon the detainees’

22 detention by the Defendants, Defendants confiscate all religious head covers,

23 jewelry, and other articles of faith, and the detainees are unable to obtain

24 replacements for the items.

25

3. These conditions, all well documented at the Federal Correctional

26 Institution Medium II (“Victorville”), are constitutionally impermissible when

27 applied to individuals convicted of crimes and sentenced under our nation’s

28 criminal laws. But this lawsuit is not about such individuals. Rather, it is

1

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 4 of 39 Page ID #:4

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 about immigrants and refugees who have come to the United States seeking

2 relief, but have been detained by the Department of Homeland Security

3 Immigration and Customs Enforcement. Many of these men—refugees from

4 El Salvador, Honduras, India, Cameroon, and other troubled regions—risked

5 their lives and those of their families by traveling across continents to avail

6 themselves of our nation’s asylum and immigration laws. All of them seek a

7 legal remedy under our nation’s immigration laws.

8

4. Since June 8, 2018, Defendants have imprisoned more than 1,000

9 civil immigration detainees, in violation of their constitutional rights, at

10 Victorville. On that date, with very little notice to the Bureau of Prisons

11 (“BOP”) and its staff, the Immigration and Customs Enforcement agency

12 (“ICE”) of the Department of Homeland Security (“DHS”) transferred these

13 men to Victorville, subjecting them to harsh prison conditions that can only

14 reasonably be described as punitive and inhumane.

15

5. Immigration detention is a form civil confinement. The law

16 prohibits the government from subjecting this population to punitive

17 incarceration. Moreover, ICE itself has recognized that there are “important

18 distinctions between the characteristics of the Immigration Detention

19 population in ICE custody and the administrative purpose of their detention—

20 which is to hold, process, and prepare individuals for removal [or, as here, to

21 ensure their appearance at future immigration and/or asylum proceedings]—as

22 compared to the punitive purpose of the Criminal Incarceration system.”1 As

23 that same report noted, “[t]he demeanor of the Immigration Detention

24 population is distinct from the Criminal Incarceration population. The majority

25 of the population [detained by ICE] is motivated by the desire for repatriation

26

27

1 Dora Schriro, Immigration Detention Overview and Recommendations at 2 (Oct. 6, 2009), https://www.ice.gov/doclib/about/offices/odpp/pdf/ice-

28 detention-rpt.pdf (emphasis added).

2

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 5 of 39 Page ID #:5

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 or relief, and [they] exercise exceptional restraint.” Id. at 21. Nonetheless, the

2 ICE detainees at Victorville are being held at a medium-security federal prison

3 and subjected to policies and practices designed for persons who have been

4 convicted of crimes. As a result of the unconstitutional treatment of these civil

5 detainees, many have expressed a desire to be returned, immediately, to their

6 countries of origin—foregoing their claims for immigration relief altogether—

7 because they would rather face the dangers back home than be imprisoned in

8 these abysmal conditions.

9

6. Under clearly established law, these men are deprived of their

10 rights to due process of law, which the Fifth Amendment to the U.S.

11 Constitution guarantees to all persons who are present on our soil, regardless of

12 citizenship. Plaintiffs and the other detainees are also denied their

13 constitutional rights guaranteed by the Free Exercise Clause of the First

14 Amendment to the U.S. Constitution, as well as their statutory rights under the

15 Religious Freedom Restoration Act, 42 U.S.C. § 2000bb, et seq. This lawsuit,

16 brought by six class representatives on behalf of all civil immigration detainees

17 who currently are or in the future will be imprisoned at Victorville, respectfully

18 asks this Court to immediately end these terrible injustices.

19

7. Specifically, Plaintiffs ask the Court to enter an order directing the

20 Defendants, under a strict deadline, to move all ICE immigration detainees

21 from Victorville as quickly as possible. In addition, during the brief period that

22 such plans are being implemented, the Court should order the Defendants

23 immediately to provide Plaintiffs, and the classes they seek to represent,

24 adequate health care, nutrition, out-of-cell time, programming, reading

25 materials, religious diets, religious clothing and jewelry, religious texts,

26 opportunities for prayer and group worship, and other accommodations

27 necessary to practice their religious beliefs.

28

3

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 6 of 39 Page ID #:6

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

8. Defendants’ actions have inflicted, and continue to inflict,

2 needless harm and suffering on Plaintiffs. In addition to other constitutional

3 violations, Defendants systematically and knowingly: (1) fail to provide

4 minimally adequate health care; (2) fail to provide adequate nutrition;

5 (3) inhibit detainees’ free exercise of religion by (i) refusing to provide

6 religious services or other adequate opportunities for group prayer, congregate

7 worship, or consultation with clergy, (ii) ignoring religious dietary needs,

8 (iii) severely impeding the possession and wearing of religious headwear,

9 jewelry, and other religious items, (iv) denying access to religious texts, and

10 (v) otherwise restricting detainees’ ability to practice their religious beliefs; and

11 (4) confine detainees under conditions that are unnecessarily restrictive and

12 punitive in nature.

13

JURISDICTION AND VENUE

14

9. This Court has subject matter jurisdiction pursuant to 28 U.S.C.

15 § 1331, and 5 U.S.C. § 702.

16

10. Venue lies in the Central District of California under 28 U.S.C.

17 § 1391 because at least one federal Defendant resides in this District, Plaintiffs

18 are detained in this District, and a substantial part of the events giving rise to

19 the claims in this action took place in this District.

20

PARTIES

21

11. Plaintiff Stephenson Awah Teneng is a civil detainee currently

22 incarcerated at Victorville under the authority of DHS and ICE.

23

12. Mr. Teneng is an asylum seeker who has been detained at

24 Victorville since June 8, 2018. He has suffered from weeks of unaddressed

25 dental pain, has been unable to access medication or have an appointment with

26 a dentist, and has been unnecessarily and punitively subject to harsh

27 conditions, including being denied food and locked in his prison cell for hours

28 at a time in retaliation for requesting medical care.

4

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 7 of 39 Page ID #:7

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

13. Plaintiff Marcel Ngwa is a civil detainee currently incarcerated at

2 Victorville under the authority of DHS and ICE.

3

14. Mr. Ngwa is an asylum seeker who has been detained at

4 Victorville since June 8, 2018. He suffers from back pain that has not been

5 treated. Due to his imprisonment at Victorville, he has suffered from

6 depression that has not been treated. He has been told that only BOP prisoners

7 at Victorville, not ICE detainees, can take classes and buy the majority of

8 products in the commissary. Mr. Ngwa is a Presbyterian whose sincere

9 religious beliefs counsel him to attend church and seek out consultation with

10 clergy, when needed. During his imprisonment at Victorville, he has been

11 denied access to church services and has not been able to see any clergy.

12

15. Plaintiff Ankush Kumar is a civil detainee currently incarcerated

13 at Victorville under the authority of DHS and ICE.

14

16. Mr. Kumar is an asylum seeker has been detained at Victorville

15 since July 16, 2018. Mr. Kumar has a history of kidney stones and has not

16 received adequate medical care while imprisoned in Victorville. After

17 experiencing excruciating pain, his request for emergency medical attention

18 went unmet for hours, until finally he was shackled and taken to a hospital. He

19 has been met with repeated delays in refilling the medication he was prescribed

20 at the hospital.

21

17. Plaintiff Gurjinder Singh is a civil detainee currently incarcerated

22 at Victorville under the authority of DHS and ICE.

23

18. Mr. Gurjinder Singh is an asylum seeker who has been detained at

24 Victorville since July 16, 2018. As a practicing Sikh, Mr. Singh’s sincere

25 religious beliefs dictate that his diet must be vegetarian and that he wear and

26 keep with him Sikh religious articles of faith, including a turban and kara (a

27 religious bracelet). During his imprisonment at Victorville, Mr. Singh has been

28

5

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 8 of 39 Page ID #:8

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 denied an adequate vegetarian diet that comports with his Sikh beliefs. His

2 turban and kara were confiscated by Defendants and not returned or replaced.

3

19. Plaintiff Atinder Paul Singh is a civil detainee currently

4 incarcerated at Victorville under the authority of DHS and ICE.

5

20. Mr. Atinder Paul Singh is an asylum seeker who has been

6 detained at Victorville since June 12, 2018. For the first two weeks he was

7 incarcerated at Victorville, he wore the same prison uniform without access to

8 clean clothes or laundry. As an adherent of the Sikh faith, Mr. Singh’s sincere

9 religious beliefs require him to wear a turban and kara, as well as to follow a

10 vegetarian diet. During his imprisonment, Mr. Singh’s articles of faith were

11 confiscated by Defendants and not returned or replaced, and he has been

12 denied an adequate vegetarian diet. As a result, he has lost about 15 pounds

13 since he was taken into ICE custody.

14

21. Plaintiff Noe Mauricio Granados Aquino is a civil detainee

15 currently incarcerated at Victorville under the authority of DHS and ICE.

16

22. Mr. Granados Aquino is an asylum seeker who has been detained

17 at Victorville since approximately July 20, 2018. He suffers from depression,

18 which has been exacerbated by the isolation he experiences at Victorville. Mr.

19 Granados Aquino is a Christian whose sincere religious beliefs counsel him to

20 attend church and read the Bible. During his imprisonment at Victorville, he

21 has been denied access to congregate prayer. Mr. Granados Aquino had a

22 Bible in his backpack when he crossed the border, but Defendants confiscated

23 it, and he has not been able to access a Bible at Victorville.

24

23. Defendant Donald J. Trump is the President of the United States.

25 He is ultimately responsible for the immigration policies as set out and

26 executed by DHS and BOP. He is responsible for the so-called “zero

27 tolerance” immigration policy that has prompted the unconstitutional

28

6

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 9 of 39 Page ID #:9

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 imprisonment of civil immigration detainees. He is named in his official

2 capacity.

3

24. Kirstjen Nielsen is the Secretary of DHS, an agency of the United

4 States. Secretary Nielsen is ultimately responsible for the actions of ICE. She

5 is the legal custodian of immigration detainees incarcerated at the Victorville

6 prison. She is named in her official capacity.

7

25. Defendant Ronald D. Vitiello is the Acting Director of ICE, a

8 component of DHS. ICE is responsible for apprehension, detention, and

9 removal of noncitizens from the United States. He is the legal custodian of

10 immigration detainees incarcerated at the Victorville prison. Director Vitiello

11 is named in his official capacity.

12

26. Defendant David Marin is the Field Office Director for the Los

13 Angeles Field Office of ICE. Director Marin is responsible for the

14 enforcement of the immigration laws within this district, and for ensuring that

15 ICE officials follow the agency’s policies and procedures. He is the legal

16 custodian of immigration detainees incarcerated at the Victorville prison. He is

17 named in his official capacity.

18

27. Defendant Jefferson Beauregard Sessions III is the Attorney

19 General of the United States and the most senior official in the U.S.

20 Department of Justice (DOJ). The Attorney General is ultimately responsible

21 for the actions of the BOP and for the nation’s enforcement of its immigration

22 and asylum laws. Mr. Sessions has implemented the so-called “zero tolerance”

23 immigration policy of the current presidential administration that has prompted

24 the unconstitutional imprisonment of civil immigration detainees. He is named

25 in his official capacity.

26

28. Defendant Hugh J. Hurwitz is the Acting Director of BOP. He is

27 responsible for the actions, policies and practices of BOP and for the operation

28 of Victorville. He is named in his official capacity.

7

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 10 of 39 Page ID #:10

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

29. Defendant David Shinn is the Warden of Victorville prison in

2 Victorville, California. He is the custodian of civil immigration detainees

3 incarcerated at the Victorville prison. He is named in his official capacity.

4

I. FACTUAL ALLEGATIONS

5 A.
6 7

Victorville is a Medium Security Federal Prison Meant to Imprison Persons Who Have Been Convicted of Crimes, Not Civil Immigration Detainees. 30. Victorville is a medium security prison operated by BOP.

8

31. Victorville was built on the site of a former U.S. Air Force waste

9 site for radioactive materials, and was declared a Superfund site by the

10 Environmental Protection Agency. According to published reports, the water

11 supply for the prison at Victorville contains toxic materials.2

12

32. Victorville has been recognized as being among the most

13 dangerous places for convicted persons in the BOP’s system of medium

14 security prisons.

15

33. Hiring freezes imposed by the federal government have led to

16 severe understaffing at BOP prisons throughout the country, including

17 Victorville. Victorville was so critically understaffed that BOP closed down

18 nine housing units in early 2018 because it could not safely operate with such

19 limited staff.

20

34. As has been widely reported, the present presidential

21 administration announced a “zero tolerance” policy toward immigrants that has

22 employed a series of cruel and inhumane tactics—separating families, denying

23 parole,3 widespread detention of immigrants, including the elderly and long-

24

25

2 Michael Waters, How Prisons Are Poisoning Their Inmates, The Outline (July 23, 2018, 10:40 AM), https://theoutline.com/post/5410/toxic-prisons-

26 fayette-tacoma-contaminated?zd=1&zi=eeblichf.

27

3 Spencer S. Hsu, U.S. Judge Blocks Trump Crackdown on Asylum Seekers, Bars Blanket Detentions of Those With Persecution Claims, Wash. Post (July

28

2, 2018) https://www.washingtonpost.com/local/public-safety/us-judge-blockstrump-crackdown-on-asylum-seekers-bars-blanket-detentions-of-those-with-

8

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 11 of 39 Page ID #:11

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 time U.S. residents, blocking asylum seekers from ports of entry,4 and

2 prosecuting immigrants crossing the border—all with the stated objective to

3 “deter” those fleeing oppressive and life-threatening conditions.

4

35. As a result of these practices, the administration has manufactured

5 a “crisis” of insufficient bed space to detain immigrants. ICE announced, in

6 early June, that it would begin transferring 1,600 detainees to five federal

7 prisons in early June 2018, one of which is Victorville.

8

36. On June 8, 2018, ICE suddenly began transferring hundreds of

9 immigration detainees to Victorville. On June 11, 2018, BOP and ICE entered

10 into a formal Inter-Agency Agreement that has a term of one year, concluding

11 on June 8, 2019.

12

37. When the ICE detainees arrived at Victorville, BOP reopened the

13 housing units it had previously closed, but failed to hire sufficient additional

14 staff to address chronic understaffing at the prison and to accommodate the

15 influx of new detainees. On information and belief, teachers and other civilian

16 staff at the prison have been reassigned to serve as corrections officers due to

17 the dire shortages.5

18 persecution-claims/2018/07/02/cdc707ba-7e36-11e8-b660-

19

4d0f9f0351f1_story.html?noredirect=on&utm_term=.8893f444427e; Lydia Wheeler, Judge Rules DHS Must Give Asylum Seekers Individualized Parole

20

Hearings, The Hill (July 2, 2018) http://thehill.com/regulation/395254-judgerules-dhs-must-give-asylum-seekers-individualized-parole-hearings.

21

4 Robert Moore, At The U.S. Border, Asylum Seekers Fleeing Violence Are Told To Come Back Later, Wash. Post, June 8, 2018 (“They have told those

22

who cross the border illegally and make asylum requests that they will face criminal prosecution, but that if they go through the official border crossings,

23

their applications will be processed. Yet in several cities along the border, asylum seekers who follow those instructions are turned away and told to

24

return later. At some crossings, applicants camp out for days.”); Aaron Montes, Try Later: It’s Getting Tougher for Migrants to Claim Asylum at U.S.

25 PAoMrt)shottfpEs:n//twryw, wN.BnCbcNneewwss.c(oJumn/est2o3ry, l2i0n1e/8i,m5m:0i0gration-border-crisis/try-later-it-

26

s-getting-tougher-migrants-claim-asylum-u-n885861 (reporting that “Customs and border protection agents now wait at the port of entry, checking

27 identification and preventing asylum seekers from stepping into the U.S.”).

28

5 Lauren Gill, As Immigrant Detainees Are Moved to Prisons, What Happens to the Prisoners?, Rolling Stone, July 3, 2018.

9

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 12 of 39 Page ID #:12

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

38. Prior to June 2018, Victorville housed only criminally convicted

2 persons. On information and belief, the prison has housed well over 1,000 civil

3 immigration detainees since June. Some have been detained at Victorville for

4 nearly two months.

5

39. According to the BOP corrections officers’ union, the officers and

6 staff employed at Victorville are trained under BOP standards and have not

7 received training under ICE standards.6

8

40. Upon their arrival at Victorville, ICE detainees are given

9 Victorville’s BOP Inmate Handbook. On information and belief, the

10 Handbook is available only in English and Spanish.

11

41. BOP Policy states that ICE detainees in BOP facilities are to be

12 treated as criminal pre-trial detainees.

13

42. Victorville has always operated, and continues to operate, as a

14 prison that incarcerates people who have been convicted of crimes.

15 B. Plaintiffs and Putative Class Members are Denied Minimally

16

Adequate Health Care

17

43. By policy and practice, Defendants fail to provide minimally

18 adequate health care to Plaintiffs and other detainees. Detainees receive

19 minimal or no medical, dental, or mental health screenings upon their arrival at

20 Victorville. See Ex. 10, E. Berrios Banegas Dec. at ¶ 12 (no dental screening

21 despite painful toothache); Ex. 15, J. Rodriguez Rivera Dec. at ¶ 5 (no medical,

22 dental, or mental health screening upon arrival). The lack of screening is

23 especially dangerous in light of the confirmed outbreaks of chicken pox and

24

25 6 Samantha Michaels, Understaffed Federal Prison Is Taking in 1,000

26 N(Jounncer1im5,in2a0l1I8m) m(“iMgroatnhtesr, aJonndeEsvAerntitchlee”G),uards Are Protesting, Mother Jones

27

https://www.motherjones.com/crime-justice/2018/06/understaffed-federalprison-is-taking-in-1000-noncriminal-immigrants-and-even-the-guards-are-

28 protesting/.

10

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 13 of 39 Page ID #:13

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 scabies among the detained population.7 Medical staff provide little

2 information to detainees about the nature of the screenings they are conducting.

3 See Ex. 6, N. Granados Aquino Dec. at ¶ 15 (“They didn’t tell us what was in

4 the injection”); Ex. 2, M. Ngwa Dec. at ¶ 13 (screening was merely an

5 injection of unknown contents).

6

44. Those detainees who have received any sort of health screening

7 generally have been forced to communicate with medical personnel who speak

8 only English, without the benefit of a translator, even when the detainee does

9 not speak English. See Ex. 17, P. Jaimez Bueno Dec. at ¶ 8 (received medical

10 treatment he did not understand; all services rendered in English). Prison

11 medical staff inappropriately rely on detainees who speak English to serve as

12 translators for other detainees, even for sensitive medical encounters, in

13 violation of state and federal health privacy laws. Plaintiff Antush Kumar saw

14 a nurse regarding his kidney stones with the assistance of a fellow Punjabi

15 detainee who is fluent in English and has been compelled to translate for all

16 Punjabi speakers in medical encounters. Ex. 3, A. Kumar Dec. at ¶ 6. Plaintiff

17 Ngwa is fluent in English, and acts as a translator for French speaking

18 detainees. Ex. 2, M. Ngwa Dec. at ¶ 16.; see also Ex. 7, A. Thea Dec. at ¶ 4

19 (relies on cellmate to translate to French); Ex. 9, M. Escoto Cortez Dec. ¶ 16

20 (another detainee translated when he saw nurse regarding stomach pain).

21

45. Mental health screening is also inadequate. Victorville medical

22 staff rely on a short, written survey as the only means of mental health

23 screening. Plaintiff Aquino has “never been asked about [his] mental health in

24 person” since arriving at Victorville.” Ex. 6, N. Granados Aquino Dec. at ¶ 15.

25

26

7 Roxana Kopetman, Immigration detainees in Victorville prison get more scabies, chicken pox; protesters to gather Saturday, The Orange County

27

Register (June 29, 2018), https://www.ocregister.com/2018/06/29/immigrationinmates-in-victorville-get-more-scabies-chicken-pox-protesters-to-gather-

28 saturday/.

11

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 14 of 39 Page ID #:14

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 When he first arrived at the prison, Mr. Granados Aquino filled out a form, on

2 which he indicated that he was depressed. Id. at ¶ 16. No one ever followed

3 up to conduct an assessment or offer him mental health services. Id. See also

4 Ex. 19, W. Velasquez Ramirez Dec. at ¶ 6 (describing questionnaire used in

5 lieu of mental health screening). The detainees are required to fill this

6 screening form out on their own, and on information and belief, it is available

7 only in English and Spanish. The lack of an adequate mental health screening

8 process subjects detainees to a substantial risk of needless suffering and harm.

9

46. There is inadequate health care staff to meet the needs of the civil

10 detainees imprisoned at Victorville, resulting in all detainees being at a

11 significant risk of serious harm. See n.5, supra (reporting on medical staff

12 shortage).

13

47. The sick call process at Victorville is inadequate, resulting in a

14 significant risk of serious harm. There is no clear process for civil detainees

15 imprisoned at Victorville to request medical attention other than an emergency

16 button in their cells. Plaintiff Ngwa has not seen any form to request an

17 appointment with medical staff. See Ex. 2, M. Ngwa Dec. at ¶ 11–12; Ex. 9,

18 M. Escoto Cortez Dec. at ¶ 15 (there are no forms to fill out to see medical

19 staff); Ex. 10, E. Berrios Benegas Dec. ¶ 11 (same); Ex. 11, R. Padilla Flores

20 Dec. ¶ 6 (same).

21

48. Moreover, detainees who try to seek medical help are often

22 punished by being locked in their cells. Plaintiff Teneng reports that he was

23 locked in his cell for several hours while other detainees were allowed out in

24 response to his asking medical staff to care for his tooth pain. Ex. 1, S. Teneng

25 Dec. at ¶¶ 13-18. As a result, other detainees have been dissuaded from

26 requesting medical care for their own needs, having witnessed the isolation and

27 punishment of those who have spoken up. See Ex. 13, R. Kumar Dec. at ¶ 3

28

12

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 15 of 39 Page ID #:15

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 (describing his fear of seeking medical care because of possible punishment

2 and isolation).

3

49. Defendants deny civil detainees access to emergency health care.

4 Detainees who have pushed the emergency button in their cells have been

5 denied care. For example, Plaintiff Kumar pushed the button in his cell to

6 report excruciating pain from a kidney stone. In response, an officer told him

7 to wait until the next day, and in the meantime, to soak a towel in hot water and

8 put it over his abdomen. See Ex. 3, A. Kumar Dec. at ¶ 5. Another detainee,

9 Oscar Colindres Velasquez, witnessed a corrections officer deny medical

10 attention to a young man who pushed the emergency button when the young

11 man’s nose was bleeding. Mr. Colindres Velasquez witnessed the corrections

12 officer yell at the man to “deal with it and cut out your bullshit.” See Ex. 8, O.

13 Colindres Velasquez Dec. at ¶ 13. A corrections officers told detainee Jexon

14 Rodriguez Rivera that he “should not touch the call button in [his] cell unless

15 [he is] dying.” Ex. 15, J. Rodriguez Rivera Dec. at ¶ 24. Roger Padilla Flores

16 suffers from gastritis, and after he pushed the emergency button in his cell, the

17 officer told him to wait until “mañana” for treatment, and subsequently an

18 officer told him “don’t be a dumbass” and instructed him never to push the

19 button again. Ex. 11, R. Padilla Flores Dec. at ¶¶ 7-8.

20

50. Detainees do not have access to necessary medications. Detainees

21 who have attempted to relate their medical problems to the BOP staff that

22 disburse prescriptions or to corrections officers at Victorville have been denied

23 those necessary medications. For example, after experiencing excruciating

24 pain consistent with his history of kidney stones, Plaintiff Ankush Kumar

25 waited 18 hours to receive emergency medical attention, when he was finally

26 taken to the hospital while shackled. See Ex. 3, A. Kumar Dec. at ¶¶ 5-7. He

27 was not given any medication prior to his emergency, despite his history of

28

13

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 16 of 39 Page ID #:16

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 taking medication in his home country, and has experienced delays getting his

2 pain medication refilled since returning to Victorville from the hospital.

3

51. Another detainee, Jexon Rodriguez Rivera, suffers from chronic

4 asthma, which he informed staff upon arrival at Victorville. See Ex. 15, J.

5 Rodriguez Rivera Dec. at ¶¶ 3, 5. Mr. Rodriguez Rivera did not receive an

6 inhaler or other asthma medicine upon arrival or after informing staff of his

7 condition. Id. One week after arriving at Victorville, Mr. Rodriguez Rivera

8 suffered an asthma attack. Id. at ¶ 6. He told corrections officers but they did

9 nothing. Id. The following day or soon thereafter, he was given an inhaler. Id.

10 at ¶ 7. The inhaler had only 15 doses left, which ran out about one week later.

11 Id. Mr. Rodriguez Rivera requested a new inhaler but did not receive one. Id.

12 at ¶ 8. Fear of another asthma attack without an inhaler confined

13 Mr. Rodriguez Rivera to his cell the majority of the time while he was detained

14 at Victorville. Id. at ¶ 9.

15

52. As another example, Dervi Garcia Perez was badly injured after

16 being thrown from a truck during his journey to the U.S. border. See Ex. 20,

17 D. Garcia Perez Dec. at ¶ 2. While in Border Patrol custody, he was taken to a

18 hospital, where he was given pain medication. Id. He has not received any

19 pain medication since his arrival at Victorville. Id. at ¶ 4. Mr. Garcia Perez

20 has been unable to refill medication for his gastritis since arriving in

21 Victorville. Id. at ¶ 8. He has no information on the process for requesting

22 more medication or a doctor’s appointment. Id. at ¶ 9. Similarly, Mr. Thea

23 suffers from such severe gastritis that it keeps him awake at night and causes

24 him to feel at times that he cannot breathe. Ex. 7, A. Thea Dec. at ¶¶ 7-8.

25 Despite multiple requests for medical attention, Mr. Thea has received no

26 treatment for or medical assessment of his stomach condition. Id. at ¶¶ 7-12.

27

53. Marlon Escoto Cortez, after suffering days of stomach pain,

28 finally saw a nurse, who only took his blood pressure, felt his stomach, and

14

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 17 of 39 Page ID #:17

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 joked that perhaps he was pregnant. The nurse did not refer him to a physician.

2 Neither the nurse nor any other medical staff took any labs, ran any tests, or

3 made any diagnosis of Mr. Escoto Cortez’s source of pain. See Ex. 9, M.

4 Escoto Cortez Dec. ¶¶ 15-16.

5

54. Many other detainees have experienced similar instances of

6 having their known medical conditions and needs ignored. For example,

7 Plaintiff Teneng reports that he complained for nearly a week about a

8 toothache without receiving any medical treatment. Instead, he was locked in

9 his cell and threatened with pepper spray if he continued to complain. Ex. 1, S.

10 Teneng Dec. at ¶ 17. See also Ex. 2, M. Ngwa Dec. at ¶ 13 (Plaintiff reporting

11 that medical staff screening for chicken pox “did not want to talk to me about

12 my pain”); Ex. 19, W. Velasquez Ramirez at ¶¶ 7–9 (complained of fever,

13 cough, and sore throat which persisted for five days, but was told that there

14 “weren’t any medical consultations unless it was really serious, so [he] could

15 not have any help”).

16

55. Detainees have minimal or no access to mental health services.

17 For example, Plaintiff Aquino has received no mental health assessment or

18 services despite expressly indicating upon his arrival to the prison that he was

19 experiencing depression. Ex. 6, N. Granados Aquino Dec. at ¶¶ 15-16. At one

20 point, Mr. Granados Aquino told an officer in his housing unit that he felt sad

21 and depressed; the officer responded, “I can’t help you right now. Maybe

22 tomorrow.” Id. at ¶11. No one followed up on Mr. Granados Aquino’s request

23 for help.

24

56. Many detainees have suffered severe trauma in their home

25 countries or on their journey to the United States, and require mental health

26 treatment as a result. Mr. Rodriguez Rivera reported hearing “men crying in

27 their beds” at night and observing men in his housing unit “with scars from

28 cutting themselves due to depression and desperation.” Ex. 15, J. Rodriguez

15

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 18 of 39 Page ID #:18

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 Rivera Dec. at ¶¶ 17, 18. Mr. Colindres Velasquez also witnessed a different

2 young man who had cut himself across his arms and wrists with the blade from

3 his razor. Ex. 8, O. Colindres Velasquez Dec. at ¶ 14. Prison staff at

4 Victorville did not remove the young man to receive mental health care or

5 medical attention for three days. Id.

6

57. The punitive and degrading conditions of confinement exacerbate

7 detainees’ mental health needs. Plaintiff Ngwa feels depressed and sad, but no

8 health care staff at the prison has asked him whether he is depressed or

9 suicidal. Ex. 2, M. Ngwa Dec. at ¶¶ 10, 15. Plaintiff Aquino cries “every time

10 [he is] locked back up” in his cell because he feels “so alone.” Ex. 6, N.

11 Granados Aquino Dec. at ¶ 11. With nothing to do, Mr. Granados Aquino

12 finds himself ruminating on “my mom, who didn’t know where I was, and my

13 loved ones, who I traveled with and who had been separated from me at the

14 border, and about the horrible things that happened to us that caused us to

15 come to the U.S.” Id. at 14.

16

58. Similarly, Mr. Rodriguez Rivera said he needed to talk to a mental

17 health professional due to his mounting depression and difficulty coping with

18 the extreme isolation and idleness at the prison, but did not know whom he

19 should contact or how to get help. Ex. 15, J. Rodriguez Rivera Dec. at ¶¶ 16,

20 25. Mr. Diallo reported that while he is locked in his cell with nothing to do

21 but worry about his family, “my thoughts race and I have difficulty sleeping.

22 My eyes have gotten red because I don’t really sleep.” Ex. 18, O. Diallo Dec.

23 at ¶ 3. Mr. Diallo has not received “any counseling or support for [his]

24 anxiety.” Id. at ¶ 7; see also Ex. 17, P. Jaimez Bueno Dec. at ¶ 16 (“I spent

25 much of my time being anxious and worrying about the safety of my family

26 numbers. As a result, I have not slept at all in the past three nights.”)

27

59. In lieu of a meaningful assessment, detainees are given a written

28 form to fill out regarding their mental health. See Ex. 19, W. Velasquez

16

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 19 of 39 Page ID #:19

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 Ramirez Dec. at ¶ 6; Ex. 6, N. Granados Aquino Dec. at ¶ 15. The form is only

2 available in English and Spanish. Upon information and belief, this is BOP

3 Standard P5310.017,8 which is used for screenings of all criminal pre-trial

4 inmates in BOP custody.

5

60. Defendants’ conduct vis-à-vis the Plaintiffs and the other

6 detainees does not comply with either ICE or the BOP’s written policies.

7 C. Plaintiffs Are Denied Adequate Nutrition

8

61. Defendants routinely and systematically deny Plaintiffs and other

9 detainees adequate nutrition and adequate time to eat even the substandard

10 food they are provided.

11

62. Upon their arrival at Victorville, Plaintiffs and other detainees

12 were on lockdown for two or three days and received all of their meals in their

13 cells. These meals were insufficient and regularly consisted of a sandwich and

14 nothing else. The sandwiches the Plaintiffs were provided were sometimes

15 frozen in the middle. Upon their initial arrival, detainees who are vegetarians

16 for religious reasons were given meals with meat in them, with no alternatives.

17 Ex. 5, G. Singh Dec. ¶ 7.

18

63. When not on lockdown, the civil detainees imprisoned at

19 Victorville receive their meals in the chow hall. These meals are small,

20 inadequate, and of poor nutritional value, and frequently do not contain meat or

21 any other sufficient source of protein. See Ex. 15, J. Rodriguez Rivera Dec.

22 at ¶ 21 (“Some days we receive sandwiches with nothing in them—just two

23 pieces of bread.”); see also Ex. 10, E. Berrios Banegas Dec. at ¶ 8

24 (complaining of inadequate food and being hungry an hour and a half after

25 dinner); Ex. 8, O. Colindres Velasquez Dec. at ¶ 15 (complaining of inadequate

26 food). Detainees who are vegetarians for religious reasons, like Plaintiff G.

27 8 BOP Standard P5310.017, Psychology Services Manual, p. 14, 28 https://www.bop.gov/policy/progstat/5310_017.pdf.

17

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 20 of 39 Page ID #:20

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 Singh, are often offered nothing but two pieces of bread for lunch, and green

2 beans and rice for dinner. See Ex. 5, G. Singh Dec. ¶ 8.

3

64. Plaintiffs and other detainees imprisoned at Victorville have lost

4 weight due to inadequate food. Plaintiff Atinder Paul Singh reports that since

5 he arrived in mid-June, he has lost approximately 15 pounds due to the

6 inadequate amount of food, especially for detainees who adhere to a vegetarian

7 diet for religious reasons. Ex. 4, A.P. Singh Dec. ¶ 11. See also Ex. 8, O.

8 Colindres Velasquez Dec. at ¶ 15 (10 to 15 pounds lost; “you can see the bones

9 sticking out of my wrists that you couldn’t see before”); Ex. 11, R. Padilla

10 Flores Dec. at ¶ 5 (10 pounds of weight loss); Ex. 10, E. Berrios Banegas Dec.

11 at ¶ 8 (5 to 10 pounds lost); Ex. 15, J. Rodriguez Rivera Dec. at ¶ 22.

12

65. Defendants sometimes serve Plaintiffs food that is inedible. See

13 Ex. 9, M. Escoto Cortez Dec. at ¶ 10 (“I have seen what looks like worms or

14 maggots in the meat;” complaining of stomach problems and blood in his stool

15 since arriving at Victorville); Ex. 8, O. Colindres Velasquez Dec. at ¶ 17 (milk

16 is “often sour and you can’t drink it or you will get sick”); Ex. 15, J. Rodriguez

17 Rivera Dec. at ¶ 21 (“Many mornings, we receive spoiled milk at breakfast.”);

18 Ex. 10, E. Berrios Banegas Dec. at ¶ 8 (“Sometimes the meat tastes expired.”).

19

66. Defendants allow Plaintiffs and other detainees only minutes to

20 eat each meal, and throw away any uneaten food. Plaintiff Aquino reports that

21 minutes after sitting down in the chow hall, guards yell at the detainees that

22 they have “only two minutes left” to eat. Ex. 6, N. Granados Aquino Dec. at

23 ¶ 20. Mr. Thea reports that detainees are permitted to remain in the chow hall

24 for no more than five minutes at meal times. Ex. 7, A. Thea Dec. at ¶ 5. See

25 also Ex. 17, P. Jaimez Bueno Dec. at ¶ 12 (detainees are given three or four

26 minutes to eat, after which uneaten food is confiscated and thrown away);

27 Ex. 8, O. Colindres Velasquez Dec. at ¶ 15 (detainees are given approximately

28

18

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 21 of 39 Page ID #:21

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 five minutes before corrections officers start rushing them out); Ex. 10, E.

2 Berrios Banegas Dec. at ¶ 8 (“We are only given 3 to 5 minutes to eat.”).

3

67. Detainees are not permitted to take any uneaten food out of the

4 chow hall. See Ex. 6, N. Granados Aquino Dec. at ¶ 21 (“I saw an official

5 force another detainee to throw away a piece of bread he had put in his pocket

6 when we were leaving the chow hall . . .”); Ex. 8, O. Colindres Velasquez Dec.

7 at ¶ 15 (detainees are not permitted to take even an apple from the chow hall).

8

68. Until very recently, Plaintiffs and other detainees were denied

9 access to commissary to supplement their meals, so they had no access to food

10 between dinner and the next day’s breakfast. The detainees are not permitted

11 to purchase all of the food products available in the commissary. For example,

12 Plaintiff Ngwa was told that only prisoners could purchase certain food items.

13 Many detainees are indigent and so cannot buy food from the commissary.

14

69. Defendants’ conduct vis-à-vis the Plaintiffs and the other

15 detainees does not comply with either ICE or the BOP’s written policies.

16 D. Plaintiffs and Members of the Putative Subclass Are Denied the

17

Right to Freely Exercise their Religious Beliefs

18

70. Plaintiffs Atinder Paul Singh and Gurjander Singh are adherents

19 of the Sikh faith. Plaintiff Marcel Ngwa is a Presbyterian. Plaintiff Noe

20 Mauricio Granados Aquino is a Christian. These Plaintiffs and other religious

21 detainees, who include Muslims, Catholics, and Hindus, are unable to freely

22 practice their religious beliefs due to restrictions imposed by Defendants, as

23 well as by Defendants’ failure to accommodate their religious beliefs.

24

71. Defendants have refused to provide, or make available, any

25 religious services to Plaintiffs or the other detainees of faith at Victorville, and

26 they have refused to provide other adequate opportunities for detainees to

27 engage in congregate worship or group prayer. By policy, detainees are

28 restricted to their cells to practice religious activities. For example, Plaintiff

19

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 22 of 39 Page ID #:22

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 Aquino, a Christian, reports that a correctional officer denied detainees’

2 requests to meet as a group to pray, sing, and preach. Ex. 6, N. Granados

3 Aquino Dec. at ¶ 23. Similarly, Mr. Ngwa reports that there are no church

4 services for detainees. Ex. 2, M. Ngwa Dec. at ¶ 9. Vakil Singh, a Hindu,

5 reports the same regarding Hindu religious services. Ex. 14, V. Singh Dec. at

6 ¶ 12. Sarvejeet Singh, a Sikh, likewise complains that no Sikh religious

7 services are provided. Ex. 12, S. Singh Dec. ¶ 7. Mr. Thea, a practicing

8 Catholic, has no opportunity to attend Catholic services or consult with a priest.

9 Ex. 7, A. Thea Dec. at ¶ 13. Detainee Marlon Escoto Cortez attempted to hold

10 a Bible study group with about 15 other detainees in a common area of his

11 building. They were told by an officer to stop praying, and they did not have

12 the right to assemble or pray. Ex. 9, M. Escoto Cortez Dec. ¶ 9. Mr. O. Diallo,

13 a practicing Muslim, is forced to complete his prayers on the floor of his cell

14 and has no access to an Imam or group services. Ex. 18, O. Diallo Dec. at ¶ 2.

15

72. Defendants confiscated from Plaintiffs and the other detainees

16 imprisoned at Victorville all religious headwear, jewelry, and other religious

17 items. The detainees have been unable to replace those items. Plaintiffs

18 Gurjinder Singh and Atinder Paul Singh have both had their turbans and kara

19 bracelets confiscated. Atinder Paul Singh has made repeated requests for a

20 head covering and was told it was not allowed. See Ex. 4, A.P. Singh Dec. at

21 ¶ 9; Ex. 5, G. Singh Dec. at ¶ 6 (in response to multiple requests, was told

22 “[turban and kara] are in [his] personal property”); see also Ex. 12, S. Singh

23 Dec. at ¶ 4-9 (Sikh religious headwear and bracelet taken away).

24

73. Plaintiffs and other detainees are also denied access to religious

25 texts. Plaintiff Aquino reported that “I had a Bible in my backpack when I

26 crossed the border. I have asked to have it back but was told I couldn’t. I have

27 seen other detainees ask for Bibles, and they were told there weren’t any in

28 Spanish.” Ex. 6, N. Granados Aquino at ¶¶ 24-25. See also Ex. 18, O. Diallo

20

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 23 of 39 Page ID #:23

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 Dec. at ¶ 3; Ex. 15, J. Rodriguez Rivera Dec. at ¶ 15 (in response to multiple

2 requests for a Bible, detainee told “there are no Bibles here.”).

3

74. Some Sikh detainees, including Plaintiff A.P. Singh, were told

4 that they could purchase religious head coverings for $10 at the commissary.

5 See Ex. 4, A.P. Singh Dec. at ¶ 10. Not all of the detainees have money on

6 their books to be able to purchase their covering. None of the detainees has

7 received a head covering. Id.

8

75. Plaintiffs and other detainees are not offered diets that comport

9 with their religious beliefs. Vegetarian meals offered to members of the Sikh

10 faith are woefully inadequate nutritionally. Plaintiffs G. Singh and A.P. Singh

11 and other practicing Sikhs have been forced to go hungry to avoid food that

12 violates their religious beliefs. See Ex. 5, G. Singh Dec. ¶ 7; Ex. 4, A.P. Singh

13 Dec. ¶ 11.

14

76. Plaintiffs and the other detainees hold sincere religious beliefs that

15 counsel them to engage in a variety of religious practices including the

16 attendance of worship services, participation in congregate worship and group

17 prayer, and consultation with clergy and religious leaders; the consumption of a

18 religiously mandated diet; the wearing of religious headgear and jewelry; the

19 use of other religious items; and the reading and study of religious texts.

20

77. Defendants’ refusal to provide detainees with religious services

21 and clergy access, and their refusal to meet detainees’ religious dietary needs,

22 as well as their restrictions on religious items and texts, severely impede or

23 outright prevent Plaintiffs and the other detainees from practicing these

24 sincerely held religious beliefs and force them to violate their religious beliefs

25 in many instances. Plaintiffs’ and the other detainees’ inability to freely

26 practice these religious beliefs has been—and continues to be—a cause of

27 immeasurable distress for them.

28

21

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 24 of 39 Page ID #:24

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

78. Defendants’ conduct vis-à-vis the Plaintiffs’ and the other

2 detainees’ religious practices does not comply with either ICE or the BOP’s

3 written policies, which expressly permit the very sort of religious practices that

4 detainees seek to engage in here.

5 E. The Conditions at Victorville are Unnecessarily Restrictive and

6

Punitive

7

79. Plaintiffs and other detainees are subjected to conditions at

8 Victorville that are unnecessarily restrictive to fulfill the government’s

9 purported objectives of ensuring that immigrants appear at future immigration

10 proceedings.

11

80. Upon transferring Plaintiffs and other detainees to Victorville,

12 Defendants maintained a 24-hour lockdown for three or more days, during

13 which time Plaintiffs were not allowed to leave their cells for any reason,

14 including exercise, free time, telephone calls, religious services, personal or

15 attorney visits, meals, or showers. See Ex. 4, A.P. Singh Dec. ¶ 8 (Plaintiff

16 was not allowed to make a phone call for the first week he was at Victorville);

17 Ex. 5, G. Singh ¶ 7 (Plaintiff was kept in his cell the first few days after he

18 arrived); Ex. 17, P. Jaimez Bueno Dec. at ¶ 7 (“I spent the first three or four

19 days in FCI-II Victorville locked in my cell.”); Ex. 11, R. Padilla Flores Dec. at

20 ¶ 3 (“The first three days I was here, we were constantly locked in our cells 24-

21 hours a day.”); Ex. 8, O. Colindres Velasquez Dec. at ¶ 16 (describing lock

22 down “for about four days without clean clothes or showers”).

23

81. Victorville was so unprepared for the influx of detainees in June

24 that Defendants issued to the men only one set of clothing upon their arrival at

25 Victorville. Defendants did not issue another set of clean clothing, including

26 clean undergarments, to detainees for approximately the first two to three

27 weeks the detainees were at the prison. Plaintiff Atinder Paul Singh, who

28 arrived at Victorville in June soon after detainees were sent to the prison,

22

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 25 of 39 Page ID #:25

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 reports that he went for 15 days with one prison uniform before he was

2 provided a new one, and he had to wash the uniform in the sink in his cell.

3 Ex. 4, A.P. Singh Dec. ¶ 3. Mr. Rodriguez Rivera reported that for over a

4 month, he washed his prison jumpsuit with hand soap in the toilet in his cell

5 because of the lack of clean clothing or laundry services. The only clean

6 jumpsuit offered to Mr. Rodriguez Rivera was size 8X—so large that he could

7 not move while wearing it. See Ex. 15, J. Rodriguez Rivera Dec. at ¶ 23. See

8 also Ex. 10, E. Berrios Banegas Dec. at ¶ 9 (had only one set of clothing for

9 three weeks); Ex. 9, M. Escoto Cortez Dec. at ¶ 11 (same); Ex. 17, P. Jaimez

10 Bueno Dec. at ¶ 11 (same).

11

82. Plaintiffs’ time outside of their prison cells is extremely limited.

12 The prison provides, at most, a few hours per week of outdoor exercise time;

13 this time is not regularly scheduled and is sometimes canceled. See Ex. 10, E.

14 Berrios Banegas Dec. at ¶ 4; Ex. 17, P. Jaimez Bueno Dec. at ¶ 10 (describing

15 outdoor exercise as one or two hours per week); Ex. 15, J. Rodriguez Rivera

16 Dec. at ¶ 20 (describing outdoor exercise as once per week for 40 minutes).

17

83. The amount of time that Plaintiffs are permitted to spend in indoor

18 common areas is also severely limited. Defendants require Plaintiffs and other

19 immigration detainees to be locked in their cells whenever the prison’s general

20 population of prisoners are being moved throughout the facility, resulting in

21 several hours of lockdown each day that Plaintiffs would not experience if they

22 were not being imprisoned in the same facility as prisoners. See Ex. 10, E.

23 Berrios Banegas Dec. at ¶ 5 (describing extremely limited out of cell time);

24 Ex. 9, M. Escoto Cortez Dec. at ¶ 6 (same); Ex. 11, R. Padilla Flores Dec. at

25 ¶ 3 (lockdown 24 hours per day on weekends for the first month at Victorville).

26

84. From June 8 through July 13, 2018, there were no clocks

27 anywhere in the cell blocks in which the Plaintiffs and other civil detainees are

28

23

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 26 of 39 Page ID #:26

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 imprisoned. As a result, they had no way to tell the time of day or to mark the

2 passage of time, which added to their sensory deprivation and disorientation.

3

85. Detainees have no access to educational or other programming,

4 work opportunities, or even reading materials in languages they understand.

5 For example, Plaintiff Atinder Paul Singh reports that there are no books in his

6 building in a language he can understand. Ex. 4, A.P. Singh Dec. at ¶ 7.

7 Mr. Rodriguez Rivera was detained alone in a small cell, with no radio or

8 television. There was one TV in the common space of his housing unit, which

9 he could see through the door of his cell, but the television was muted

10 throughout the day. Mr. Rodriguez Rivera was unable even to access a book in

11 Spanish for over a month, despite his repeated requests. Ex. 15, J. Rodriguez

12 Rivera Dec. at ¶ 14.

13

86. Plaintiff Marcel Ngwa read in the Inmate Handbook he was given

14 upon arrival at Victorville the list of classes available at the prison. When he

15 asked whether he could take any of the classes listed there to improve his

16 reading and writing, ICE officials responded, “sorry, [you] couldn’t.” Ex. 2,

17 M. Ngwa Dec. at ¶ 8. On information and belief, these programs are available

18 only to inmates at Victorville and not to ICE detainees.

19

87. The Plaintiffs and other civil detainees are forced to wear prison

20 uniforms, and when they are transported to or from Victorville, they are

21 shackled like convicted prisoners. Their hands are cuffed to belly chains, and

22 they wear ankle shackles that connect their feet via a short chain that severely

23 limits their ability to walk normally. Plaintiff Aquino reports that “[w]hen I

24 was moved to Victorville, I was shackled. I had handcuffs on my wrists and

25 they were tied to a belly chain. I also had a chain between my ankles and cuffs

26 around my ankles. The ankle cuffs cut my skin. . . . We were shackled for

27 the whole bus ride, which was 4 or 5 hours long. I have never been chained

28 like that in my life.” Ex. 6, N. Granados Aquino Dec. at ¶ 5.

24

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 27 of 39 Page ID #:27

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

88. Upon his arrival at Victorville, Plaintiff Aquino was informed by

2 an officer that “the more food you ask for, the less we’re going to give you.

3 The more you ask us to let you out, the less we’re going to.” Id. at 6. Mr.

4 Granados Aquino was still shackled at the time. Id. Correctional officers at

5 Victorville informed Plaintiff Teneng that “the rules at a federal prison are

6 stricter than a jail.” Ex. 1, S. Teneng Dec. at ¶ 7.

7

89. When he was suffering excruciating pain from a kidney stone,

8 Plaintiff Antush Kumar was transported to the hospital in full shackles. While

9 at the local hospital receiving treatment, he was chained to the hospital bed

10 despite the lack of any indicia that he was a threat to any others in the hospital.

11 Ex. 3, A. Kumar Dec. ¶¶ 7-8.

12

90. As a result of the many hours of imprisonment in cells, with no

13 reading material, no religious or other programming, and virtually no

14 information about the processing of their immigration and/or asylum

15 proceedings, Plaintiffs and other ICE detainees are suffering from anxiety, fear,

16 apprehension, enforced idleness, fatigue, and, in many instances, depression,

17 including suicidal ideation.

18

91. Faced with harsh, punitive conditions, some detainees have been

19 coerced into abandoning their immigration claims and returning to their home

20 countries rather than remain incarcerated at Victorville. Emerson Berrios

21 Banegas, who had planned to seek asylum, reported, “I signed papers agreeing

22 to be deported. I do not want to go back but I signed the papers because I do

23 not like being treated like a criminal prisoner.” See Ex. 10, E. Berrios Banegas

24 Dec. at ¶ 3. Detainees who came to this country to exercise their right to seek

25 asylum have expressed shock at the conditions of their confinement. Plaintiff

26 Teneng said, “I didn’t expect to be sent to prison. I came here as an asylum

27 seeker, seeking liberty.” Ex. 1, S. Teneng Dec. at ¶ 17. Similarly, Mr. Diallo

28

25

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 28 of 39 Page ID #:28

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 said, “I don’t understand why I am being held in a prison since I am just an

2 immigrant asking for asylum.” Ex. 18, O. Diallo Dec. at ¶ 10

3

92. Plaintiffs are detained ostensibly to ensure their appearance at

4 immigration proceedings, but detainees report that they have not spoken to ICE

5 officials regarding their cases. Plaintiff Aquino reports that he has been unable

6 to access information about his immigration case. Ex. 6, N. Granados Aquino

7 Dec. at ¶ 19. Detainees have been told that their immigration cases will not

8 proceed until they are moved to an immigration detention center, such as the

9 nearby Adelanto facility. ICE agents told Mr. Granados Aquino “to think of

10 Victorville like a hotel.” Id.

11

93. These individuals are not being detained because they stand

12 accused of a crime, much less convicted of one. Yet the conditions under

13 which these civil detainees are being imprisoned are no better than, and in

14 some instances worse than, the conditions to which the population of convicted

15 prisoners at Victorville is subjected.

16

94. On information and belief, ICE routinely detains immigrants in

17 conditions that are far less restrictive and punitive than those at Victorville.

18 The conditions to which Defendants are subjecting Plaintiffs and other

19 detainees violate their own standards applicable at other facilities where ICE

20 detainees are held.

21

95. Significantly less restrictive and more humane means exist of

22 ensuring civil detainees’ appearance at immigration proceedings. For example,

23 Defendants offer to some individuals the opportunity to parole into the United

24 States on their own recognizance. Additionally, Defendants maintain a bond

25 system whereby individuals may be released upon posting a cash bond as low

26 as $1,500. Some released individuals are required to wear a GPS-enabled

27 ankle monitoring device while others are not.

28

26

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 29 of 39 Page ID #:29

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

96. The conditions of confinement at Victorville, and the very

2 deprivation of the Plaintiffs’ liberty, are excessive in relation to, and not

3 reasonably related to, the legitimate objective of ensuring Plaintiffs’ and other

4 detainees’ appearances at future immigration proceedings.

5

97. The BOP’s Program Statement on Religious Beliefs and Practices,

6 Victorville USP’s Inmate Handbook, and ICE’s Religious Practices and Policy

7 all represent less restrictive means that could be used by Defendants.

8

II. INJUNCTIVE RELIEF

9

98. Plaintiffs re-allege and incorporate by reference paragraphs 1-97

10 of this Complaint as if fully set out herein.

11

99. Plaintiffs and the putative class are entitled to preliminary and

12 permanent injunctive relief.

13

100. Defendants have acted, and threaten to act, to deprive Plaintiffs,

14 and the others they seek to represent, of their constitutional and statutory rights.

15

101. Plaintiffs and those similarly situated have suffered irreparable

16 physical and psychological injury and the loss of fundamental due-process and

17 religious-exercise rights. They have been and will continue to be subjected to

18 serious risk of irreparable harm as the result of imprisonment at Victorville.

19

102. Defendants have been and are aware of the conditions and

20 deprivations complained of herein. In the alternative, Defendants have acted

21 with deliberate indifference regarding the conduct and conditions described

22 herein.

23

103. Plaintiffs and putative class members have no plain, adequate, or

24 speedy remedy at law.

25

III. CLASS ACTION ALLEGATIONS

26

104. Plaintiffs re-allege and incorporate by reference paragraphs 1-103

27 of this Complaint as if fully set out herein.

28

27

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 30 of 39 Page ID #:30

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

105. Plaintiffs Stephenson Awah Teneng, Marcel Ngwa, Ankush

2 Kumar, Gurjinder Singh, Atinder Paul Singh, and Noe Mauricio Granados

3 Aquino bring this action on behalf of themselves and all other persons who are

4 similarly situated, pursuant to Federal Rules of Civil Procedure 23(a), 23(b)(1),

5 and 23(b)(2), and in compliance with Local Rule 23-3.

6

106. With respect to the First Claim herein, Plaintiffs seek to represent

7 a class (the “Civil Detainee Class”) consisting of: “All persons who are now,

8 or in the future will be, in the legal custody of the U.S. Immigrations and

9 Customs Enforcement (‘ICE’) and housed at Federal Correctional Institution

10 (‘FCI’) Victorville.”

11

107. There are multiple questions of law and fact common to the

12 putative Civil Detainee Class, including:

13

a. The sufficiency of access to medical and mental health care for

14

civil detainees at Victorville;

15

b. The sufficiency of access to adequate nutrition for civil detainees

16

at Victorville;

17

c. Whether the conditions at Victorville are unnecessarily restrictive

18

and/or punitive;

19

d. Whether civil detainees at Victorville are confined in conditions

20

similar to, or more restrictive than, persons convicted of criminal

21

offenses; and

22

e. Whether deprivation of the aforementioned results in

23

constitutional or statutory violations.

24

108. The putative Civil Detainee Class is so numerous that joinder of

25 all members would be impracticable. There are currently approximately 1,000

26 civil detainees imprisoned at Victorville. The putative Civil Detainee Class is

27 fluid, with detainees arriving at and leaving Victorville every day, making

28 joinder of all members not just impracticable but impossible.

28

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 31 of 39 Page ID #:31

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

109. Prosecution of separate actions by individual class members

2 would create a risk of inconsistent or varying adjudications with respect to

3 individual class members that would establish incompatible standards of

4 conduct for defendants, or adjudications with respect to individual class

5 members that, as a practical matter, would be dispositive of the interests of

6 other members not parties to the individual adjudications or would

7 substantially impair their ability to protect their interests.

8

110. The claims of the Plaintiffs are typical of the claims of the

9 putative Civil Detainee Class. Each of the Plaintiffs, like all putative class

10 members in the Civil Detainee Class, is a civil detainee at Victorville, subject

11 to the same conditions of confinement challenged here. The claims of the

12 Plaintiffs arise from the same policies, practices, and courses of conduct, and

13 their claims are based on the same theory of law as the Civil Detainee Class’s

14 claims are.

15

111. All of the Plaintiffs will fairly and adequately represent the

16 interests of all members of the putative Civil Detainee Class because they seek

17 relief on behalf of the class they represent as a whole and have no interest

18 antagonistic to other members of the class. The plaintiffs are represented by

19 counsel from the Prison Law Office; the Civil Rights Education and

20 Enforcement Center; and the American Civil Liberties Union (“ACLU”)

21 National Prison Project and ACLU Program on Freedom of Religion and

22 Belief. Counsel are experienced in class action, complex litigation, detention

23 and prisoners’ rights litigation, religious liberty law, and constitutional law

24 generally.

25 Religious Freedom Subclass

26

112. With respect to the Second and Third Claims herein, Plaintiffs

27 Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, and Noe Mauricio

28 Granados Aquino further seek to represent a subclass (the “Religious Freedom

29

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 32 of 39 Page ID #:32

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 Subclass”) consisting of: “All religious persons who are now, or in the future

2 will be, in the legal custody of ICE and housed at FCI Victorville, and whose

3 ability to practice their religious beliefs is or would be impeded or substantially

4 burdened by Defendants’ policies and practices.”

5

113. There are multiple questions of law and fact common to the

6 putative Religious Freedom Subclass, including:

7

a. The sufficiency of access to religious services or other

8

adequate opportunities for group prayer, congregate

9

worship, or consultation with clergy for civil detainees at

10

Victorville;

11

b. The sufficiency of access to meals that comport with

12

detainees’ religious beliefs for civil detainees at Victorville;

13

c. The sufficiency of access to the possession and wearing of

14

religious headwear, jewelry, and other religious items for

15

civil detainees at Victorville;

16

d. The sufficiency of access to religious texts for civil

17

detainees at Victorville;

18

e. Whether deprivation of the aforementioned impermissibly

19

infringes on detainees’ religious exercise; and

20

f. Whether deprivation of the aforementioned results in

21

constitutional or statutory violations.

22

114. The putative Religious Freedom Subclass is so numerous that

23 joinder of all members would be impracticable. The precise number of the

24 subclass is difficult to ascertain, as Defendants do not track or report detainees’

25 religious beliefs, but upon information and belief, Plaintiffs estimate that it is at

26 least 150. Moreover, the putative Religious Freedom Subclass is fluid, with

27 detainees arriving at and leaving Victorville every day, making joinder of all

28 members not just impracticable but impossible.

30

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 33 of 39 Page ID #:33

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

115. Prosecution of separate actions by individual class members

2 would create a risk of inconsistent or varying adjudications with respect to

3 individual class members that would establish incompatible standards of

4 conduct for defendants, or adjudications with respect to individual class

5 members that, as a practical matter, would be dispositive of the interests of

6 other members not parties to the individual adjudications or would

7 substantially impair their ability to protect their interests.

8

116. The claims of Plaintiffs Marcel Ngwa, Atinder Paul Singh,

9 Gurjinder Singh, and Noe Mauricio Granados Aquino are typical of the claims

10 of the putative Religious Freedom Subclass, since their claims arise from the

11 same policies, practices, and courses of conduct, and their claims are based on

12 the same theory of law as the Religious Freedom Subclass’s claims are.

13

117. Plaintiffs Marcel Ngwa, Atinder Paul Singh, Gurjinder Singh, and

14 Noe Mauricio Granados Aquino will fairly and adequately represent the

15 interests of all members of the putative Religious Freedom Subclass because

16 they seek relief on behalf of the class they represent as a whole and have no

17 interest antagonistic to other members of the class. The plaintiffs are

18 represented by counsel from the Prison Law Office; the Civil Rights Education

19 and Enforcement Center; and the American Civil Liberties Union (“ACLU”)

20 National Prison Project and ACLU Program on Freedom of Religion and

21 Belief. Counsel are experienced in class action, complex litigation, detention

22 and prisoners’ rights litigation, religious liberty law, and constitutional law

23 generally.

24

IV. CLAIMS FOR RELIEF

25

FIRST CLAIM

26

(Violation of the Due Process Clause of the Fifth Amendment to the United States Constitution)

27

118. Plaintiffs re-allege and incorporate by reference paragraphs 1-116

28 of this Complaint as if fully set out herein.

31

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 34 of 39 Page ID #:34

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

119. Due process prohibits the use of detention as a means of punishing

2 civil detainees. Zadvydas v. Davis, 533 U.S. 678, 690-91 (2001)

3 (acknowledging that immigration detention is civil); Jones v. Blanas, 393 F.3d

4 918, 932 (9th Cir. 2004); King v. County of Los Angeles, 885 F.3d 548 (9th Cir.

5 2018).

6

120. As the United States Court of Appeals for the Ninth Circuit has

7 held, “[A civil] detainee is entitled to ‘more considerate treatment’ than his

8 criminally detained counterparts. . . . Therefore, when a [civil] detainee is

9 confined in conditions identical to, similar to, or more restrictive than those in

10 which criminal counterparts are held, we presume that the detainee is being

11 subjected to ‘punishment.’” Jones, 393 F.3d at 933 (citations omitted)

12 (emphasis added).

13

121. As an initial matter, BOP policy makes clear that that ICE

14 detainees at Victorville are equivalent to criminal “pre-trial inmates.”9 The

15 Jones presumption is therefore triggered in this case.

16

122. In addition, conditions of confinement that are expressly intended

17 to punish, that are not reasonably related to a legitimate governmental

18 objective, or that are excessive in relation to that objective, constitute

19 punishment in violation of the due process clause.

20

123. The conditions of confinement at Victorville for immigration civil

21 detainees violate the Due Process Clause.

22

124. For example, Defendants have deprived and continue to deprive

23 Plaintiffs and putative class members imprisoned at Victorville of adequate and

24 necessary health care by, without limitation:

25

a. Failing to provide sufficient medical and mental health

26

screenings to civil detainees upon their arrival at

27 9 See BOP Program Statement 7331.04, available at 28 https://www.bop.gov/policy/progstat/7331_004.pdf.

32

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 35 of 39 Page ID #:35

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

Victorville. As a result of Defendants’ actions, Plaintiffs

2

and other civil detainees have not received adequate

3

medical or mental health care for conditions existing at the

4

time they arrived at Victorville, or that have arisen since

5

their imprisonment there.

6

b. Failing to staff Victorville with adequate numbers of

7

qualified medical or mental health care providers and

8

custody staff to service the civil detainee population.

9

c. Failing to provide a method by which Plaintiffs and other

10

detainees can seek non-emergency medical or mental health

11

care when in their cells, or by which they can seek any sort

12

of medical or mental health care when outside of their cells.

13

d. Failing to respond to Plaintiffs’ or other detainees’ requests

14

for emergency help, including by using the emergency

15

button located in their cells.

16

e. Failing to respond to Plaintiffs’ non-emergency requests for

17

medical care, and failing to follow-up on known medical

18

and mental health concerns.

19

125. As a result of Defendants’ practices and policies, Plaintiffs are

20 exposed to a significant risk of serious harm to which Defendants are

21 deliberately indifferent, in violation of Plaintiffs’ rights under the Due Process

22 clause of the Fifth Amendment.

23

126. In addition, Defendants are systemically failing to provide

24 adequate nutrition to Plaintiffs by serving meals that are inedible or of

25 insufficient size or nutritional value, and by denying Plaintiffs adequate time to

26 eat the food they are provided. As a result of Defendants’ policies and

27 practices, Plaintiffs do not receive adequate nutrition at Victorville, creating a

28 substantial risk of serious harm to which Defendants are deliberately

33

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 36 of 39 Page ID #:36

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 indifferent, in violation of Plaintiffs’ rights secured by the Due Process clause

2 of the Fifth Amendment.

3

127. Defendants severely limit Plaintiffs’ access to outdoor exercise to

4 only a handful of hours each week and such limited and inadequate

5 opportunities to exercise outside are not regularly scheduled.

6

128. Defendants severely limit Plaintiffs’ out-of-cell time by

7 maintaining a policy under which Plaintiffs are on lockdown several times

8 throughout the day in order to accommodate the movement of Victorville’s

9 prisoner population.

10

129. Defendants have impeded Plaintiffs’ and other detainees’ ability

11 to practice their faith by refusing to provide religious services and meals that

12 meet detainees’ religious needs, severely impeding detainees’ ability to wear

13 and possess religious items, and denying detainees access to religious texts,

14 among other restrictions.

15

130. The conditions described herein, which are illustrative and not

16 exhaustive, violate the Due Process clause because they, individually and

17 collectively: (a) are identical to, similar to, or more restrictive than those in

18 which persons convicted of criminal offenses at Victorville are confined;

19 (b) are expressly intended to punish; (c) are not reasonably related to legitimate

20 governmental objectives; and/or (d) are excessive in relation to those

21 objectives.

22

SECOND CLAIM

23

(Violation of the Free Exercise Clause of the First Amendment)

24

131. Plaintiffs re-allege and incorporate by reference paragraphs 1-130

25 of this Complaint as if fully set out herein.

26

132. By Defendants’ conduct alleged above, they have violated, and

27 continue to violate, Plaintiffs’ and the other detainees’ rights under the Free

28 Exercise Clause of the First Amendment to the U.S. Constitution.

34

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 37 of 39 Page ID #:37

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

133. Defendants’ restriction of Plaintiffs’ and other detainees’ ability to

2 exercise their religion, as described in detail above, is not narrowly tailored to

3 further a compelling governmental interest. Nor is there a rational basis or

4 legitimate penological interest upon which Defendants may justify their

5 conduct, especially in light of the Defendants’ own written policies pertaining

6 to religious exercise and the distinctions between civil immigration detainees

7 and convicted persons.

8

THIRD CLAIM

9

(Violation of the Religious Freedom Restoration Act, 42 U.S.C § 2000bb, et seq.)

10

134. Plaintiffs re-allege and incorporate by reference paragraphs 1-133
11

of this Complaint as if fully set out herein.
12

135. Defendants’ policies and practices restricting and impeding
13

Plaintiffs’ and the other detainees’ religious exercise, as described above,
14

substantially burden Plaintiffs’ and the other detainees’ exercise of their
15

sincerely held religious beliefs. Because of Defendants’ conduct, Plaintiffs and
16

the other detainees have been, and continue to be, severely impeded or
17

prevented outright from attending religious services, engaging in congregate
18

worship and group prayer, consulting with clergy and religious leaders,
19

following religious requirements for their diet, wearing religious headgear and
20

religiously significant jewelry, possessing other religious items, and accessing
21

religious texts for reading and religious study. Unless this Court intervenes,
22

Plaintiffs and the other detainees will be forced to abandon, or significantly
23

limit, their religious practices and violate their sincerely held religious beliefs
24

throughout their entire imprisonment at Victorville.
25

136. Under RFRA, Defendants may not impose these substantial
26

burdens on Plaintiffs and the other detainees unless they can demonstrate that
27

28

35

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 38 of 39 Page ID #:38

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1 doing so is the least restrictive means of furthering a compelling governmental

2 interest.

3

137. Defendants have no compelling interest in treating Plaintiffs and

4 the other detainees in this manner.

5

138. Even if Defendants could identify a compelling interest to support

6 their policies and practices pertaining to detainees’ religious exercise, they

7 have not used the least restrictive means to further that interest. The BOP’s

8 Program Statement on Religious Beliefs and Practices, Victorville USP’s

9 Inmate Handbook, and ICE’s Religious Practices and Policy all represent less

10 restrictive means that could be used by Defendants. To eliminate the

11 substantial burdens on Plaintiffs’ and the other detainees’ religious exercise,

12 Defendants could also simply release Plaintiffs and the other detainees from

13 imprisonment at Victorville, in the same manner that civil detainees have

14 previously been treated.

15

PRAYER FOR RELIEF

16

WHEREFORE, Plaintiffs respectfully ask this Court to exercise its

17 federal question jurisdiction over this actual controversy and:

18

(a) certify the Civil Detainee Class and Religious Freedom Sub-Class

19

as proposed above, appoint the Named Plaintiffs to serve as

20

representatives of those two Classes and appoint undersigned

21

counsel to represent the two Classes;

22

(b) enter an order preliminarily and permanently enjoining

23

Defendants from imprisoning Plaintiffs, or any member of the

24

Civil Detainee Class, at Victorville, and set a date certain by

25

which all such detainees must be removed therefrom;

26

(c) enter an order preliminarily and permanently enjoining

27

Defendants from depriving Plaintiffs:

28

i. of minimally adequate health care;

36

Case 5:18-cv-01609-JGB-KK Document 1 Filed 08/01/18 Page 39 of 39 Page ID #:39

Ballard Spahr LLP One Sum, 1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

1

ii. of adequate food, clean non-prison uniform clothing,

2

freedom of movement, and other programming or

3

activities that do not cause physical, emotional, and

4

psychological harm and other affronts to basic human

5

dignity;

6

iii. of their constitutional and statutory rights to exercise

7

their freedom of religion;

8

iv. of their rights to due process of law as a result of

9

their being imprisoned at Victorville, in conditions

10

that are excessive and constitute punishment;

11

(d) award Plaintiffs their attorneys’ fees and costs; and

12

(e) enter such other and further relief as the Court deems just and

13

proper.

14

15

16

17

Respectfully submitted,

18 Dated: August 1, 2018
19 20 21 22

/s/ Margot K. Mendelson Margot K. Mendelson CA #268583 PRISON LAW OFFICE 1917 Fifth Street Berkeley, CA 94710

23

24

25

26

27

28

37