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18-10225 - Calderon Jimenez v. Cronen et al


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18-10225 - Calderon Jimenez v. Cronen et al
February 7, 2018
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. (Bono, Christine)
February 15, 2018
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Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Respondents shall, by 12:00 noon on February 21, 2018, file an affidavit from an ICE representative describing: (a) the official who made the original decision that Calderon should be detained; (b) the legal basis for the decision, including whether ICE considered her detention mandatory or discretionary; (c) the procedures followed in reaching the decision and, if any, the individualized reasons for it; (d) the official who decided that Calderon should be released; (e) the reason(s) for her release; (f) the reason(s) why she was released on February 13, 2018, rather than sooner or later; (g) whether respondents assert that they had, and still have, the authority to detain Calderon without an individualized determination of dangerousness and risk of flight; (h) whether Calderon has been released for a defined period of time and, therefore, may be detained again; (i) whether any individuals other than Calderon and de Oliveira were arrested while taking steps to seek permanent residency at a Massachusetts or Rhode Island CIS office in January 2018; (j) if so, whether any of those individuals have received individualized determinations of dangerousness and risk of flight without filing petitions under ยง2241; and (k) whether any of them have also been released. 2. The parties shall confer and, by 12:00 noon on February 23, 2018, report, jointly if possible, concerning: (a) whether they have reached an agreement to resolve this case; (b) the issues to be litigated, including but not limited to whether Calderon's release moots the issue of ICE's authority to detain her; and (c) a proposed schedule for briefing the issues identified." ORDER entered. MEMORANDUM AND ORDER (Bono, Christine)
June 11, 2018
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER.Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW(Bono, Christine)
July 16, 2018
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Judge Mark L. Wolf: ENDORSED ORDER entered. MEMORANDUM AND ORDER. Accordingly, it is hereby ORDERED that: 1.Petitioner's Motion for Leave to Depose ICE Directors Adducci, Brophy, and Lyons (Docket Nos. 108, 114) is ALLOWED in part and DENIED in part. 2.Respondents shall, by July 18, 2018, produce all documents concerning: (a) the 2018 policies and general practices of the ICE Boston Field Office concerning the arrest, detention, and removal of aliens presenting for I-130 interviews at CIS offices or otherwise pursuing the provisional waiver process; (b) the identity and status of all aliens arrested while at a CIS office in 2018 within the jurisdiction of the ICE Boston Field Office while appearing for an I-130 interview, including: whether and for how long they have been detained; whether and when they received or will receive notices of custody reviews and custody reviews; whether and when ICE intends to deport them; whether they have received stays of removal; and whether ICE considered their applications for provisional waivers when deciding whether to deport them; and (c) the reasons for the decision to give De Souza a June 12, 2018 notice to depart the United States and to withdraw it, and the identity of the official(s) who made those decisions. 3.Petitioners may take one six-hour deposition of Adducci. They shall confer concerning whether depositions of Brophy and Lyons remain necessary and, if so, petitioners may take one up to four-hour deposition of each. The depositions shall be taken by July 27, 2018. 4.Petitioners shall by, August 1, 2018, supplement their submissions on the pending motions. 5. Respondents shall, by August 7, 2018, supplement their submissions on the pending motions. 6.A hearing on the pending motions shall commence on August 14, 2018, at 10:00 a.m., and may continue from day to day. (Franklin, Yvonne)
September 21, 2018
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Amended Complaint (Docket No. 44) is hereby DENIED." ORDER entered. MEMORANDUM AND ORDER(Bono, Christine)Judge Mark L. Wolf: "...For the foregoing reasons, this court has jurisdiction, petitioners state plausible claims on which relief can be granted, and their detention claims are not moot. Therefore, respondents' Motion to Dismiss the First