c i v i l d o c k e t f o r c a s e #: 5: 20- c v- 00627 ... · jose hernandez velasquez:...

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA (Eastern Division - Riverside)

CIVIL DOCKET FOR CASE #: 5:20-cv-00627-TJH-GJS

Jose Robles Rodriguez et al v. Chad F. Wolf, et al

Assigned to: Judge Terry J. Hatter, Jr

Referred to: Magistrate Judge Gail J. Standish

Cause: 28:2241 Petition for Writ of Habeas Corpus

(federal)

Date Filed: 03/30/2020

Jury Demand: None

Nature of Suit: 463 Habeas Corpus -

Alien Detainee

Jurisdiction: U.S. Government

Defendant

Plaintiff

Jose Robles Rodriguez represented by Michael Bryan Kaufman

ACLU Foundation of Southern

California

1313 West 8th Street

Los Angeles, CA 90017

213-977-9500

Fax: 213-977-5297

Email: [email protected]

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

My Khanh Ngo

American Civil Liberties Union

39 Drumm Street

San Francisco, CA 94111

415-343-0786

Fax: 415-395-0950


LEAD ATTORNEY


Stephen Bonggyun Kang

American Civil Liberties Union

39 Drumm Street

San Francisco, CA 94111

415-343-0783

Fax: 415-395-0950


LEAD ATTORNEY


Amanda Barnett

Latham and Watkins LLP

355 South Grand Avenue Suite 100


213-485-1234

Fax: 213-891-8763



Jessie Alice Cammack


355 South Grand Avenue Suite 100


213-485-1234

Fax: 213-891-8763



Michelle Y Cho


California



213-977-9500

Fax: 213-915-0219


TERMINATED: 02/05/2021

Samir Deger-Sen


555 Eleventh Street NW

Washington, DC 20004-4834

202-637-2200

Fax: 202-637-2201


PRO HAC VICE


William M Friedman


555 Eleventh Street NW Suite 1000

Washington, DC 20004-1304

202-637-2200

Fax: 202-637-2201


PRO HAC VICE


Jessica Karp Bansal


California



213-977-9500

Fax: 909-332-7280



Plaintiff

Charleston Edward Dacoff represented by Michael Bryan Kaufman

(See above for address)

LEAD ATTORNEY


My Khanh Ngo


LEAD ATTORNEY




LEAD ATTORNEY


Amanda Barnett






Michelle Y Cho



Samir Deger-Sen


PRO HAC VICE


William M Friedman


PRO HAC VICE


Jessica Karp Bansal



Plaintiff

Jose Hernandez Velasquez


represented by Michael Bryan Kaufman


LEAD ATTORNEY


My Khanh Ngo


LEAD ATTORNEY




LEAD ATTORNEY


Amanda Barnett






Michelle Y Cho



Jessica Karp Bansal



Plaintiff

Luis Lopez Salgado represented by Michael Bryan Kaufman


LEAD ATTORNEY


My Khanh Ngo


LEAD ATTORNEY




LEAD ATTORNEY


Amanda Barnett






Michelle Y Cho



Samir Deger-Sen


PRO HAC VICE


William M Friedman


PRO HAC VICE


Jessica Karp Bansal



Plaintiff

Paola Rayon Vite represented by Michael Bryan Kaufman


LEAD ATTORNEY


My Khanh Ngo


LEAD ATTORNEY




LEAD ATTORNEY


Amanda Barnett






Michelle Y Cho



Samir Deger-Sen


PRO HAC VICE


William M Friedman


PRO HAC VICE


Jessica Karp Bansal



Plaintiff

Martin Vargas Arellano represented by Jessica Karp Bansal


LEAD ATTORNEY


Michael Bryan Kaufman


LEAD ATTORNEY


My Khanh Ngo


LEAD ATTORNEY




LEAD ATTORNEY


Amanda Barnett






Michelle Y Cho



Samir Deger-Sen


PRO HAC VICE


William M Friedman


PRO HAC VICE


V.

Defendant

Chad F. Wolf

Acting Secretary, U.S. Department

of Homeland Security

represented by Daniel A Beck

AUSA - Office of US Attorney

Civil Division

300 North Los Angeles Street Suite

7516


213-894-2574

Fax: 213-894-7819


LEAD ATTORNEY


Hillary Morgan Burrelle

AUSA - US Attorneys Office

Civil Division

300 North Los Angeles Street Suite

7516


213-894-2420

Fax: 213-894-7819


LEAD ATTORNEY


Assistant 2241-194 US Attorney

LA-CV

AUSA - Office of US Attorney

Criminal Division - US Courthouse

312 North Spring Street 12th Floor

Los Angeles, CA 90012-4700

213-894-2434

Email:

[email protected]


OIL-DCS Trial Attorney

Office of Immigration Litigation

District Court Section

PO Box 868 Ben Franklin Station

Washington, DC 20044

202-353-8806



Defendant

Matthew T. Albence

Deputy Director and Senior Official

Performing the Duties of the

Director, U.S. Immigration and

Customs Enforcement



LEAD ATTORNEY




LEAD ATTORNEY



LA-CV






Defendant

David Marin

Director of the Los Angeles Field

Office, Enforcement and Removal

Operations, U.S. Immigration and

Customs Enforcement



LEAD ATTORNEY




LEAD ATTORNEY



LA-CV






Defendant

James Janecka

Warden, Adelanto ICE Processing

Center



LEAD ATTORNEY




LEAD ATTORNEY



LA-CV






Defendant

U.S. Immigrations and Customs

Enforcement;

represented by Hillary Morgan Burrelle


LEAD ATTORNEY


Date Filed # Docket Text

03/30/2020 1 COMPLAINT Receipt No: ACACDC-25902285 - Fee: $400, filed

by Plaintiffs-Petitioners Jose Hernandez Velasquez, Charleston

Edward Dacoff, Luis Lopez Salgado, Jose Robles Rodriguez, Paola

Rayon Vite. (Attorney Jessica Karp Bansal added to party

Charleston Edward Dacoff(pty:pla), Attorney Jessica Karp Bansal

added to party Jose Hernandez Velasquez(pty:pla), Attorney Jessica

Karp Bansal added to party Luis Lopez Salgado(pty:pla), Attorney

Jessica Karp Bansal added to party Paola Rayon Vite(pty:pla),

Attorney Jessica Karp Bansal added to party Jose Robles

Rodriguez(pty:pla))(Bansal, Jessica) (Entered: 03/30/2020)

03/30/2020 2 CIVIL COVER SHEET filed by Plaintiffs Charleston Edward

Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado, Paola

Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered:

03/30/2020)

03/30/2020 3 NOTICE of Interested Parties filed by Plaintiffs-Petitioners All

Plaintiffs, identifying Jose Robles Rodriguez, Charleston Edward


Rayon Vite, Martin Vargas Arellano, Chad F. Wolf, Matthew T.

Albence, David Marin, James Janecka. (Bansal, Jessica) (Entered:

03/30/2020)

03/30/2020 4 NOTICE of Related Case(s) filed by Plaintiffs-Petitioners

Charleston Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez

Salgado, Paola Rayon Vite, Jose Robles Rodriguez. Related

Case(s): 5:20-cv-00590-TJH; 5:20-cv-00605-TJH; 5:20-cv-00617-

TJH; 5:20-cv-00625-TJH; 5:20-cv-00626-TJH (Bansal, Jessica)

(Entered: 03/30/2020)

03/30/2020 5 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case

has been assigned to the calendar of the Honorable District Judge

Terry J. Hatter, Jr and referred to Magistrate Judge Gail J. Standish,

who is authorized to consider preliminary matters and conduct all

further hearings as may be appropriate or necessary. Pursuant to

Local Rule 83-2.4, the Court must be notified within five (5) days

https://ecf.cacd.uscourts.gov/doc1/031132768985





of any address change. See notice for additional details. (esa)

(Entered: 03/30/2020)

03/30/2020 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-

Resident Attorney David Fathi. A document recently filed in this

case lists you as an out-of-state attorney of record. However, the

Court has not been able to locate any record that you are admitted to

the Bar of this Court, and you have not filed an application to

appear Pro Hac Vice in this case. Accordingly, within 5 business

days of the date of this notice, you must either (1) have your local

counsel file an application to appear Pro Hac Vice (Form G-64) and

pay the applicable fee, or (2) complete the next section of this form

and return it to the court at [email protected]. You

have been removed as counsel of record from the docket in this

case, and you will not be added back to the docket until your Pro

Hac Vice status has been resolved. (esa) (Entered: 03/30/2020)


Resident Attorney Eunice H. Cho. A document recently filed in this













Resident Attorney Michael Tan. A document recently filed in this
















Resident Attorney Omar Jadwat. A document recently filed in this












03/30/2020 10 NOTICE OF DEFICIENCIES in Attorney Case Opening. The

following error(s) was found: Other error(s) with document(s): A

temporary restraining order (TRO) flag was indicated, but no TRO

document was filed.. (esa) (Entered: 03/30/2020)

03/30/2020 11 Emergency EX PARTE APPLICATION for Temporary Restraining

Order as to Plaintiffs' Immediate Release from Adelanto filed by

Plaintiffs-Petitioners Martin Vargas Arellano, Charleston Edward


Rayon Vite, Jose Robles Rodriguez. (Attachments:

# 1 Memorandum, # 2 Attachments A-C, # 3 Proposed Order to

Show Cause, # 4 Proposed Order Granting TRO) (Attorney Jessica

Karp Bansal added to party Martin Vargas Arellano(pty:pla))

(Bansal, Jessica) (Entered: 03/30/2020)

03/30/2020 12 DECLARATION of Carlo Brooks in Support of Emergency EX

PARTE APPLICATION for Temporary Restraining Order as to

Plaintiffs' Immediate Release from Adelanto 11 filed by Plaintiffs

Martin Vargas Arellano, Charleston Edward Dacoff, Jose

Hernandez Velasquez, Luis Lopez Salgado, Paola Rayon Vite, Jose

Robles Rodriguez. (Bansal, Jessica) (Entered: 03/30/2020)

03/30/2020 13 DECLARATION of Jose Luis Garcia in Support of Emergency EX






03/30/2020 14 DECLARATION of Margaret Hellerstein in Support of Emergency

EX PARTE APPLICATION for Temporary Restraining Order as to


















03/30/2020 15 DECLARATION of Yolanda Martin in Support of Emergency EX






03/30/2020 16 DECLARATION of Munmeeth Kaur Soni in Support of

Emergency EX PARTE APPLICATION for Temporary Restraining

Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by

Plaintiffs Martin Vargas Arellano, Charleston Edward Dacoff, Jose



03/30/2020 17 DECLARATION of Sarah Zelcer in Support of Emergency EX






03/30/2020 18 DECLARATION of Jonathan Luis Golob in Support of Emergency






03/30/2020 19 DECLARATION of Robert B. Greifinger in Support of Emergency






03/30/2020 20 DECLARATION of Todd William Schneberk in Support of

Emergency EX PARTE APPLICATION for Temporary Restraining

Order as to Plaintiffs' Immediate Release from Adelanto 11 filed by
















03/30/2020 21 DECLARATION of Dora Schriro in Support of Emergency EX






03/30/2020 22 DECLARATION Emergency EX PARTE APPLICATION for

Temporary Restraining Order as to Plaintiffs' Immediate Release

from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano,


Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Bansal,

Jessica) (Entered: 03/30/2020)

03/30/2020 23 DECLARATION of My Khanh Ngo in Support of Emergency EX





Robles Rodriguez. (Attachments: # 1 Exhibits A-J)(Bansal, Jessica)

(Entered: 03/30/2020)

03/30/2020 24 Proof of Service filed by Plaintiffs Martin Vargas Arellano,


Salgado, Paola Rayon Vite, Jose Robles Rodriguez (Bansal, Jessica)

(Entered: 03/30/2020)

03/31/2020 25 Notice of Appearance or Withdrawal of Counsel: for attorney

Daniel A Beck counsel for Defendants Matthew T. Albence, James

Janecka, David Marin, Chad F. Wolf. Adding Daniel A. Beck as

counsel of record for Chad F. Wolf, Acting Secretary, U.S.

Department of Homeland Security; Matthew T. Albence, Deputy

Director U.S. Immigration and Customs Enforcement; David

Marin, Director of Los Angeles Field Office, ERO; U.S.

Immigrations and Customs Enforcement; and James Janecka,

Warden for the reason indicated in the G-123 Notice. Filed by

Defendants Chad F. Wolf, Acting Secretary, U.S. Department of

Homeland Security; Matthew T. Albence, Deputy Director U.S.

Immigration and Customs Enforcement; David Marin, Director of

Los Angeles Field Office, ERO; U.S. Immigrations and Customs

Enforcement; and James Janecka, Warden. (Attorney Daniel A

Beck added to party Matthew T. Albence(pty:dft), Attorney Daniel

A Beck added to party James Janecka(pty:dft), Attorney Daniel A

Beck added to party David Marin(pty:dft), Attorney Daniel A Beck

added to party Chad F. Wolf(pty:dft))(Beck, Daniel) (Entered:

03/31/2020)











Hillary Morgan Burrelle counsel for Defendants Matthew T.

Albence, James Janecka, David Marin, Chad F. Wolf, U.S.

Immigrations and Customs Enforcement;. Adding Hillary M.

Burrelle as counsel of record for Federal defendants Chad F. Wolf,

Acting Secretary, U.S. Dep't of Homeland Security; Matthew T.

Albence, Deputy Director U.S. Immigration and Customs

Enforcement; David Marin, Director of Los Angeles Field Office,

ERO; U.S. Immigrations and Customs Enforcement; and James

Janecka, Warden for the reason indicated in the G-123 Notice. Filed

by Defendant Federal defendants Chad F. Wolf, Acting Secretary,

U.S. Dep't of Homeland Security; Matthew T. Albence, Deputy

Director U.S. Immigration and Customs Enforcement; David

Marin, Director of Los Angeles Field Office, ERO; U.S.

Immigrations and Customs Enforcement; and James Janecka,

Warden. (Attorney Hillary Morgan Burrelle added to party Matthew

T. Albence(pty:dft), Attorney Hillary Morgan Burrelle added to

party James Janecka(pty:dft), Attorney Hillary Morgan Burrelle

added to party David Marin(pty:dft), Attorney Hillary Morgan

Burrelle added to party Chad F. Wolf(pty:dft), Attorney Hillary

Morgan Burrelle added to party U.S. Immigrations and Customs

Enforcement;(pty:dft))(Burrelle, Hillary) (Entered: 03/31/2020)

03/31/2020 27

MINUTE (IN CHAMBERS) -NEW CASE BEFORE JUDGE

HATTER: This action has been assigned to the calendar of the

HONORABLE TERRY J. HATTER, JR., United States District

Judge. Please include the initials TJH in all documents pertaining to

this case, as documents are routed using the judges initials, it is

imperative that the correct initials TJH be used on all subsequent

filings to prevent any delays in the processing of documents. Judge

Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be

reached at (213) 894-5276. Counsel shall not attempt to contact the

Court or its chambers staff by telephone or by any other ex parte

means, although counsel may contact the Courtroom Deputy,

Yolanda Skipper, at: [email protected], with

appropriate inquiries. Judge Hatters courtroom is located on the 9th

Floor, at 350 W. 1st Street, United States Courthouse, Additional

information about Judge Hatters procedures and schedules can be

found on the courts website at www.cacd.uscourts.gov. Defendants

are to file their opposition to the Temporary Restraining Order by

no later than5pm on March 31, 2020. See order for further details.

(shb) (Entered: 03/31/2020)

03/31/2020 28 MEMORANDUM in Opposition to Emergency EX PARTE

APPLICATION for Temporary Restraining Order as to Plaintiffs'

Immediate Release from Adelanto 11 filed by Defendants Matthew





https://www.courtlistener.com/recap/gov.uscourts.cacd.777951/gov.uscourts.cacd.777951.27.0.pdf


T. Albence, James Janecka, David Marin, U.S. Immigrations and

Customs Enforcement;, Chad F. Wolf. (Attachments:

# 1 Declaration of Gabriel Valdez, # 2 Declaration of Rosa

Quevedo, # 3 Declaration of Daniel Beck, # 4 Rodriguez

evidentiary objections Decl. Brooks, # 5 Rodriguez evidentiary

objections Decl. Garcia, # 6 Rodriguez evidentiary objections Decl.

Hellerstein, # 7 Rodriguez evidentiary objections Decl. Martin,

# 8 Rodriguez evidentiary objections Decl. Soni, # 9 Rodriguez

evidentiary objections Decl. Zelcer, # 10 Rodriguez evidentiary

objections Decl. Golob, # 11 Rodriguez evidentiary objections

Decl. Greifinger, # 12 Rodriguez evidentiary objections Decl.

Schneberk, # 13 Rodriguez evidentiary objections Decl. Schriro,

# 14 Rodriguez evidentiary objections Decl. Lorenzen-Strait,

# 15 Rodriguez evidentiary objections Decl. Ngo)(Burrelle, Hillary)

(Entered: 03/31/2020)

03/31/2020 29 REPLY in Support of Emergency EX PARTE APPLICATION for

Temporary Restraining Order as to Plaintiffs' Immediate Release

from Adelanto 11 filed by Plaintiffs Martin Vargas Arellano,


Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Attachments:

# 1 Declaration of Sarah Zelcer, # 2 Declaration of Margaret

Hellerstein, # 3 Declaration of Robert B. Greifinger, MD)(Bansal,


04/01/2020 30 Request for Clerk to Issue Summons on Complaint (Attorney Civil

Case Opening),, 1 filed by Plaintiffs-Petitioners Martin Vargas

Arellano, Charleston Edward Dacoff, Jose Hernandez Velasquez,

Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez.

(Bansal, Jessica) (Entered: 04/01/2020)

04/01/2020 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed

Documents RE: Miscellaneous Document 24 . The following

error(s) was/were found: Incorrect event selected. Correct event to

be used is: Civil Events Service Documents Service of Subsequent

Document Filings Proof of Service (subsequent documents). In

response to this notice, the Court may: (1) order an amended or

correct document to be filed; (2) order the document stricken; or (3)

take other action as the Court deems appropriate. You need not take

any action in response to this notice unless and until the Court

directs you to do so. (shb) (Entered: 04/01/2020)

04/02/2020 32 TEMPORARY RESTRAINING ORDER AND ORDER TO

SHOW CAUSE, 11 by Judge Terry J. Hatter, Jr: IT IS ORDERED

that the application for a temporary restraining order be, and hereby

is GRANTED. IT IS FURTHER ORDERED that Respondents shall



























by 5:00 p.m. on April 2, 2020 release Petitioner Jose Hernadez

Velazquez from custody pending order of this Court. IT IS

FURTHER ORDERED that Respondents shall show cause, if they

have any, as to why the Court should not issue a preliminary

injunction in this case. Respondents' response, if any to this order to

show cause shall be filed by Noon on April 8, 2020. Petitioner's

reply, if any, to Respondents' response shall be filed by Noon on

April 13, 2020. The matter will then stand submitted. (shb)

(Entered: 04/02/2020)

04/02/2020 33

MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL

PARTIES by Judge Terry J. Hatter, Jr: Counsel are notified that

pursuant to the Judge's directive, Petitioner Rodriguez and

Petitioner Dacoff, of their counsel, shall file, as soon as possible a

supplemental declaration setting forth the name and address of

Petitioner's wife. Petitioner Salgado, or his counel shall file, as soon

as possible, a supplemental declaration setting forth the name and

address of Petitioner's mother. Petitioner Vite, or her counsel, shall

file, as soon as possible, a supplemental declaration setting forth the

name and address of Petitioner's uncle, Ernesto Vite. After filing, a

copy of the declaration shall be emailed to

[email protected]. (shb) (Entered: 04/02/2020)

04/02/2020 34 DECLARATION of Jessica Karp Bansal re Minutes of In

Chambers Order/Directive - no proceeding held,,, 33 filed by




04/02/2020 35

ORDER by Judge Terry J. Hatter: It is Ordered that the application

for a temporary restraining order be, and hereby is, Granted. It is

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

2020, release Petitioner Arellano from custody pending further

order of this Court, and subject to the following conditions of

release: 1. Petitioner shall reside, and shelter in place, at the Echo

Park Community Center as arranged by Petitioners counsel. 2.

Petitioners counsel shall arrange for Petitioners transportation from

the Adelanto Detention Center to the Echo Park Community Center;

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

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

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

5. Petitioner shall not use or possess illegal drugs; and 6. At the

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

Petitioners whereabouts may be monitored by telephonic and/or

electronic and/or GPS monitoring and/or a location verification











system and/or an automated identification system. It is further

Ordered that Respondents shall show cause, if they have any, as to

why the Court should not issue a preliminary injunction in this case.

Respondents response, if any, to this order to show cause shall be

filed by Noon on April 9, 2020. Petitioners reply, if any, to

Respondents response shall be filed by Noon on April 14, 2020.

The matter will then stand submitted. (shb) Modified on 4/6/2020

(shb). (Entered: 04/02/2020)

04/02/2020 36

TEMPORARY RESTRAINING ORDER AND ORDER TO

SHOW CAUSE by Judge Terry J. Hatter, Jr.: It is Ordered that the

application for a temporary restraining order be, and hereby is,

Granted. It is further Ordered that Respondents shall, by 5:00 p.m.

on April 3, 2020, release Petitioner Charleston Edward Dacoff from

custody pending further order of this Court, and subject to the

following conditions of release: 1. Petitioner shall reside, and

shelter in place, at the residence of his wife, Pamela Dacoff; 2.

Petitioner shall be transported from the Adelanto Detention Center

directly to the Residence by his attorney, Carlo Brooks; 3.

Petitioner shall not leave the Residence, pending further order of the

Court, except to obtain medical care; 4. Petitioner shall not violate

any federal, state or local laws; 5. Petitioner shall not use or possess

alcohol or illegal drugs; and 6. At the discretion of DHS and/or

BICE, to enforce the above restrictions, Petitioners whereabouts

may be monitored by telephonic and/or electronic and/or GPS

monitoring and/or a location verification system and/or

anautomated identification system. IT IS FURTHER ORDERED

that Respondent shall show cause, if they have any, as to why the

court should not issue a preliminary injunction in this case.

Respondents' response, if any, to this order to show cause shall be

filed by Noon on April 9, 2020. Petitioner's reply, if any to

Respondent's response shall be filed by Noon on April 14, 2020. the

matter will then stand submitted. (shb) (Entered: 04/02/2020)

04/02/2020 37


SHOW CAUSE by Judge Terry J. Hatter, Jr: IT IS ORDERED that

the application for a temporary restraining order be and hereby is

GRANTED. IT IS FURTHER ORDERED that Respondents shall

by 5:00 p.m. on April 3, 2020, release Petitioner Jose Robles

Rodriguez from custody pending further order of this Court. IT IS

FURTHER ORDERED that Petition shall not violate any federal,

state or local laws, or use or possess alcohol or illegal drugs after

released from custody pursuant to this order. IT IS FURTHER

ORDERED that Respondents shall show cause, if they have any as

to why the Court should not issue a preliminary injunction in this

case. Respondent's response, if any, to this order to show cause







shall be filed by Noon on April 9, 2020. Petitioner's reply, if any, to

Respondents' response shall be filed by Noon on April 14, 2020.

The matter will stand submitted. (shb) (Entered: 04/02/2020)

04/02/2020 38


SHOW CAUSE by Judge Terry J. Hatter, Jr.: It is Ordered that the

application for a temporary restraining order be, and hereby is,

Granted. It is further Ordered that Respondents shall, by 5:00 p.m.

on April 3, 2020, release Petitioner Salgado from custody pending

further order of this Court, and subject to the following conditions

of release: 1. Petitioner shall reside, and shelter in place, at the

residence of his mother, Maria Elena Salgado. 2. Petitioner shall be

transported from the Adelanto Detention Center directly to the

Residence by his attorney, Jose Garcia; 3. Petitioner shall not leave

the Residence, pending further order of the Court, except to obtain

medical care; 4. Petitioner shall not violate any federal, state or

local laws; 5. Petitioner shall not use or possess alcohol or illegal

drugs; and 6. At the discretion of DHS and/or BICE, to enforce the

above restrictions, Petitioners whereabouts may be monitored by

telephonic and/or electronic and/or GPS monitoring and/or a

location verification system and/or an automated identification

system. IT IS FURTHER ORDERED that Respondents shall show

cause, if they have any, as to why the Court should not issue a

preliminary injunction in this case. Respondents' response, if any, to

this order to show cause shall be filed by Noon on April 9, 2020.

Petitioner's reply, if any, to Respondents' response shall be filed by

Noon on April 14, 2020. The matter will then be submitted. (shb)

Modified on 4/6/2020 (shb). (Entered: 04/02/2020)

04/02/2020 39


SHOW CAUSE by Judge Terry J. Hatter, Jr.: IT IS ORDERED that

the application for a temporary restraining order be, and hereby is

GRANTED. IT IS FURTHER ORDERED that Respondents shall,

by 5:00 p.m. on April 3, 2020, release Petitioner Paola Rayon Vite

from custody pending further order of this Court. IT IS FURTHER

ORDERED that Petitioner shall not violate any federal, state or

local laws, or use or possess alcohol or illegal drugs after released

from custody pursuant to this order. IT IS FURTHER ORDERED

that Respondents shall show cause, if they have any, as to why the

Court should not issue a preliminary injunction in this case.

Respondents response, if any, to this order to show cause shall be

filed by Noon on April 9, 2020. Petitioner's reply, if any, to

Respondent's response shall be filed by Noon on April 14, 2020.

The matter will then stand submitted. (shb) (Entered: 04/02/2020)







04/02/2020 40 DECLARATION of Jessica Karp Bansal re Declaration, 34 ,

Minutes of In Chambers Order/Directive - no proceeding held,,, 33

filed by Plaintiffs Martin Vargas Arellano, Charleston Edward


Rayon Vite, Jose Robles Rodriguez. (Bansal, Jessica) (Entered:

04/02/2020)

04/03/2020 41

ORDER STAYING RELEASE by Judge Terry J. Hatter, Jr.: The

Court has been advised by counsel for Petitioner Martin Vargas

Arellano that there is no longer space available for Petitioner at the

Echo Part Community Center. The court had issued an order

requiring Petitioner's release by 5:00 p.m. today and ordering

Petitioner to reside at the Echo Park Community Center. IT IS

ORDERED that the Temporary Restraining Order ordering

Petitioner's release be, and hereby is STAYED pending further

order of this Court. IT IS FURTHER ORDERED that Petitioner

shall not be released until the Court approves his new post-release

plan. (shb) (Entered: 04/03/2020)

04/03/2020 42 SEALED AMENDED TEMPORARY RESTRAINING ORDER

AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr,

(shb) (Entered: 04/03/2020)

04/03/2020 43 SEALED AMENDED TEMPORARY RESTRAINING ORDER

AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr,

(shb) (Entered: 04/03/2020)

04/06/2020 44 60 DAY Summons Issued re Complaint (Attorney Civil Case

Opening),, 1 as to Defendants Matthew T. Albence, James Janecka,

David Marin, U.S. Immigrations and Customs Enforcement;, Chad

F. Wolf. (shb) (Entered: 04/06/2020)

04/08/2020 45 RESPONSE filed by Defendants Matthew T. Albence, James

Janecka, David Marin, U.S. Immigrations and Customs

Enforcement;, Chad F. Wolfto Order,,,,,,, Set/Reset

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

Order,,,, Set/Reset Deadlines,,, 37 , Order,,,,,, 36 , Order

on Motion for Temporary Restraining Order,,, 32 , Order,,,,

Set/Reset Deadlines,,, 39 AS TO WHY A PRELIMINARY

INJUNCTION SHOULD NOT BE ISSUED (Attachments:

# 1 Declaration of Gabriel Valdez, # 2 Declaration of Rosa

Quevedo, # 3 Declaration of Daniel A. Beck, # 4 Evidentiary

Objections Declaration Carlos Brooks, # 5 Evidentiary Objections
























































Declaration Jose Garcia, # 6 Evidentiary Objections Declaration

Margaret Hellerstein, # 7 Evidentiary Objections Declaration

Yolanda Martin, # 8 Evidentiary Objections Declaration Munmeeth

Kaur Soni, # 9 Evidentiary Objections Declaration Sarah Zelcer,

# 10 Evidentiary Objections Declaration Jonathan Louis Golob,

# 11 Evidentiary Objections Declaration Robert B. Greifinger,

# 12 Evidentiary Objections Declaration William Schneberk,

# 13 Evidentiary Objections Declaration Dora B. Schriro,

# 14 Evidentiary Objections Declaration Andrew Lorenzen-Strait,

# 15 Evidentiary Objections Declaration My Khanh Ngo,

# 16 Evidentiary Objections Supplemental Declaration Robert B.

Greifinger)(Burrelle, Hillary) (Entered: 04/08/2020)

04/13/2020 46 DECLARATION of Margaret Hellerstein in Support of Emergency






04/13/2020 47 NOTICE of Filing Supplemental Declaration of Margaret

Hellerstein filed by Plaintiffs-Petitioners Martin Vargas Arellano,


Salgado, Paola Rayon Vite, Jose Robles Rodriguez. (Attachments:

# 1 Supplemental Declaration of Margaret Hellerstein)(Bansal,



Amanda Barnett counsel for Plaintiffs Martin Vargas Arellano,


Salgado, Paola Rayon Vite, Jose Robles Rodriguez. Adding

Amanda Barnett as counsel of record for Jose Robles Rodriguez,


Salgado, Paola Rayon Vite, and Martin Vargas Arellano for the

reason indicated in the G-123 Notice. Filed by plaintiffs Jose

Robles Rodriguez, Charleston Edward Dacoff, Jose Hernandez

Velasquez, Luis Lopez Salgado, Paola Rayon Vite, and Martin

Vargas Arellano. (Attorney Amanda Barnett added to party Martin

Vargas Arellano(pty:pla), Attorney Amanda Barnett added to party

Charleston Edward Dacoff(pty:pla), Attorney Amanda Barnett

added to party Jose Hernandez Velasquez(pty:pla), Attorney

Amanda Barnett added to party Luis Lopez Salgado(pty:pla),

Attorney Amanda Barnett added to party Paola Rayon Vite(pty:pla),

Attorney Amanda Barnett added to party Jose Robles

Rodriguez(pty:pla))(Barnett, Amanda) (Entered: 04/13/2020)

















04/13/2020 49 MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL

PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified

that pursuant to the Judge's directive, the Petitioners Charleston

Edward Dacoff, Luis Lopez Salgado, Paola Rayon Vite and Martin

Vargas Arrellano, all are hereby severed from this case and the

Clerk's Office will assign a new civil case number for each

individual and copy all of the documents from the original case to

the new cases. The Court further orders that Petitioner Jose

Hernandez Velasquez is hereby dismissed from this case ashe has a

new case assigned to him already [ED CV 20-062]. (shb) (Entered:

04/13/2020)

04/13/2020 50 REPLY filed by Plaintiffs Martin Vargas Arellano, Charleston

Edward Dacoff, Jose Hernandez Velasquez, Luis Lopez Salgado,

Paola Rayon Vite, Jose Robles Rodriguez to Order,,,,,,, Set/Reset

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

Order,,,, Set/Reset Deadlines,,, 37 , Order,,,,,, 36 , Order

on Motion for Temporary Restraining Order,,, 32 , Order,,,,

Set/Reset Deadlines,,, 39 / Reply in Support of Preliminary

Injunction (Attachments: # 1 Declaration of Jose Robles Rodriguez,

# 2 Declaration of Charleston Edward Dacoff, # 3 Declaration of

Jose Hernandez Velasquez, # 4 Declaration of Luis Lopez Salgado,

# 5 Declaration of Paola Rayon Vite)(Barnett, Amanda) (Entered:

04/13/2020)

04/13/2020 51



that pursuant to the Judge's directive, the Petitioners Charleston

Edward Dacoff, Luis Lopez Salgado, Paola Rayon Vite and Martin

Vargas Arrellano, all are hereby severed from this case and the

Clerk's Office will assign a new civil case number for each

individual and copy all of the documents from the original case to

the new cases. The Court further orders that Petitioner Jose

Hernandez Velasquez is hereby dismissed from this case ashe has a

new case assigned to him already [ED CV 20-0652]. (shb) (Entered:

04/13/2020)

04/13/2020 52

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL


that pursuant to the Judge's directive, The parties shall file by 5:00

p.m. on April 16, 2020, proposed Findings of Fact and Conclusions

of Law for the submitted OSC re: preliminary injunction. (shb)

(Entered: 04/14/2020)


















































04/14/2020 53 Notice of Appearance or Withdrawal of Counsel: for attorney Jessie

Alice Cammack counsel for Plaintiffs Martin Vargas Arellano,


Salgado, Paola Rayon Vite, Jose Robles Rodriguez. Adding Jessie

Alice Cammack as counsel of record for Jose Robles Rodriguez,


Salgado, Paola Rayon Vite, Martin Vargas Arellano for the reason

indicated in the G-123 Notice. Filed by Plaintiffs Jose Robles

Rodriguez, Charleston Edward Dacoff, Jose Hernandez Velasquez,

Luis Lopez Salgado, Paola Rayon Vite, Martin Vargas Arellano.

(Attorney Jessie Alice Cammack added to party Martin Vargas

Arellano(pty:pla), Attorney Jessie Alice Cammack added to party

Charleston Edward Dacoff(pty:pla), Attorney Jessie Alice

Cammack added to party Jose Hernandez Velasquez(pty:pla),

Attorney Jessie Alice Cammack added to party Luis Lopez

Salgado(pty:pla), Attorney Jessie Alice Cammack added to party

Paola Rayon Vite(pty:pla), Attorney Jessie Alice Cammack added

to party Jose Robles Rodriguez(pty:pla))(Cammack, Jessie)

(Entered: 04/14/2020)

04/14/2020 54


PARTIES by Judge Terry J. Hatter, Jr: Pursuant to Fed. R. Civ. P.

65(b)(2), the TRO will expire on April 16, 2020, the fourteenth day

after the date of issuance, unless, for good cause, the Court extends

it. The parties have filed their respective briefs in response to the

Courts Order to Show Cause: re: Preliminary Injunction. The Court

finds that good cause exists under Rule 65(b)(2)to extend the TRO

for an additional 14days. The good cause is that the extension will

allow the Court time to consider the significant constitutional issues

raised in the parties briefs. The TRO will remain in effect until

April 30, 2020. See order for further details. (shb) (Entered:

04/14/2020)

04/14/2020 55 APPLICATION of Non-Resident Attorney William M. Friedman to

Appear Pro Hac Vice on behalf of Plaintiffs Martin Vargas


Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez (Pro

Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26079453)



Rayon Vite, Jose Robles Rodriguez. (Attachments: # 1 Proposed

Order) (Barnett, Amanda) (Entered: 04/14/2020)

04/14/2020 56 APPLICATION of Non-Resident Attorney Samir Deger-Sen to

Appear Pro Hac Vice on behalf of Plaintiffs Martin Vargas









Luis Lopez Salgado, Paola Rayon Vite, Jose Robles Rodriguez (Pro

Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26079533)



Rayon Vite, Jose Robles Rodriguez. (Attachments: # 1 Proposed

Order) (Barnett, Amanda) (Entered: 04/14/2020)

04/14/2020 57



that pursuant to the Judge's directive, the parties shall file by 5:00

p.m. on April 26, 2020, proposed Findings of Fact and Conclusions

of Law for the submitted OSC re preliminary injunction. (shb)

(Entered: 04/14/2020)

04/15/2020 58 DECLARATION of Margaret Hellerstein re Declaration (Motion

related), 46 Second Supplemental Declaration filed by Plaintiffs




04/16/2020 59 NOTICE filed by Defendants Matthew T. Albence, James Janecka,

David Marin, U.S. Immigrations and Customs Enforcement;, Chad

F. Wolf. (Attachments: # 1 Declaration of Gabriel Valdez)(Burrelle,

Hillary) (Entered: 04/16/2020)

04/16/2020 60 ORDER by Judge Terry J. Hatter, Jr: Granting 55 Non-Resident

Attorney William M Friedman APPLICATION to Appear Pro Hac

Vice on behalf of Jose Robles Rodriguez, Charleston Edward

Dacoff; Jose Hernandez Velasquez Salgado; Paola Rayon Vite;

Martin Vargas Arellano, designating Amanda Barnett as local

counsel. (shb) (Entered: 04/16/2020)

04/16/2020 61 ORDER by Judge Terry J. Hatter, Jr: Granting 56 Non-Resident

Attorney Samit Deger-Sen APPLICATION to Appear Pro Hac Vice

on behalf of Plaintiffs, Jose Robles Rodriquez; Charleston Edward

Dacoff; Jose Hernandez Velasquez; Luis Lopez Salgado; Paola

Rayon Vite; Martin Vargas Arellano, designating Amanda Barnett

as local counsel. (shb) (Entered: 04/16/2020)

04/16/2020 62 NOTICE OF LODGING filed Petitioners' Proposed Finding of

Facts and Conclusions of Law re Minutes of In Chambers

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

Chambers Order/Directive - no proceeding held, 57

(Attachments: # 1 Proposed Findings of Fact and Conclusions

of Law)(Bansal, Jessica) (Entered: 04/16/2020)
















https://www.courtlistener.com/recap/gov.uscourts.cacd.777951/gov.uscourts.cacd.777951.57.0_1.pdf








04/16/2020 63 NOTICE OF LODGING filed re Defendants' [Proposed] Findings

of Fact and Conclusions of Law re Minutes of In Chambers

Order/Directive - no proceeding held, 57 (Attachments:

# 1 [Proposed] Findings of Fact and Conclusions of Law)(Burrelle,

Hillary) (Entered: 04/16/2020)

04/24/2020 64 STAY ORDER by Judge Terry J. Hatter, Jr., that, pursuant to the

Preliminary Injunction issued in Roman, Petitioner shall remain

released pending a final resolution of Roman or further order of the

Court. Further Ordered that pending a final resolution of Roman,

this case be, and hereby is, Stayed. (See document for further

details). (jp) (Entered: 04/24/2020)

04/27/2020 65 MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL


that pursuant to the Judge's directive, the order of dismissal as to

Petitioner Jose Hernanez Velasquez in docket entry 51 is

hereby vacated. Petitioner Jose Hernandez Velasquez is hereby

ordered severed from this case and the Court will order the Clerk's

Office to assign a new civil case number and copy all of the

documents from the original case to the new assigned case. (shb)

(Entered: 04/27/2020)

06/01/2020 66 SCHEDULING ORDER by Judge Terry J. Hatter, Jr. The Court has

considered the evidence and arguments presented in favor of and

against Petitioners petition for a writ of habeas corpus. The Court

will combine the evidentiary hearing on Petitioners petition for a

writ of habeas corpus with a court trial on Petitioners claims for

injunctive and declaratory relief. Each side will be allowed 8 hours

to present their case. The time limit includes all aspects of the case,

including opening statements, direct and cross examinations,

arguments on objections, and closing arguments. In lieu of closing

arguments, the parties may file closing briefs, of no more than 25

pages, no later than ten days after the conclusion of the evidentiary

hearing and trial. The following dates are subject to change by the

Court in response to the COVID-19 pandemic; at this time, it is

unclear as to when the First Street Courthouse will re-open for

evidentiary hearings and court trials for civil cases. Discovery cut-

off 7/31/2020., Substantive Motion Filing Deadline by 8/10/2020.,

Motions in Limine Filing Deadline filed by 8/27/2020., Evidentiary

Hearing and Court Trial set for 10/6/2020 at 10:00 a.m., Final

Pretrial Conference set for 9/14/2020 at 10:00 a.m. While the Ninth

Circuit has not yet reached the issue, it is clear to the Court that it

has the inherent authority, at least in extraordinary cases, to release












detainees on bail during the pendency of their habeas petitions. See

order for further details. DOCKETED IN THIS CASE PER

ATTACHMENT. (shb) (Entered: 06/01/2020)


Michelle Y Cho counsel for Plaintiffs Martin Vargas Arellano,


Salgado, Paola Rayon Vite, Jose Robles Rodriguez. Michelle

Young Cho is no longer counsel of record for the aforementioned

party in this case for the reason indicated in the G-123 Notice. Filed

by Plaintiffs Jose Robles Rodriguez, et al.. (Cho, Michelle)

(Entered: 02/05/2021)

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