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Torres, et al. v. DHS, et al. (No. 5:18-cv-02604)

April 11, 2020

Pursuant to the Preliminary Injunction issued in Torres v. DHS, attorneys representing detainees at Adelanto ICE Processing Center may:

  • Request that the positive acceptance requirement (i.e. that a live person must answer the phone) be removed for their phone numbers. This request can be made by calling (760) 561-6160. Please note that if the positive acceptance requirement is removed from your phone number, your client may be charged for a call to your number that goes to a voicemail box or phone tree.
  • Request and schedule confidential telephone calls with their clients, with at least 24 hours’ notice to the facility. This request can be made by calling (760) 561-6160.
  • Request that their numbers be set to unmonitored, unrecorded, and free status from the housing unit phones. This request can be made by calling (760) 561-6160.
  • Utilize the dropbox outside the Adelanto facility to drop off correspondence for their clients.
  • Request contact information (mobile phone number, last name, and first initial) for the Deportation Officer assigned to their client’s case. This contact information shall be disclosed only to attorneys and their staff who represent Adelanto detainees in legal proceedings during the period the Preliminary Injunction is in effect. Pursuant to the Preliminary Injunction, the contact information is not to be disclosed to any third parties and shall be used only in connection with legal representation. This request can be made by calling (760) 561-6160.
  • Email requests to #APCERO000-500@ice.dhs.gov or #APCERO501-999@ice.dhs.gov depending on the last three numbers of the detainee’s alien number.

Gonzalez v. ICE, No. 13-4416 (C.D. Cal. Feb. 5, 2020), ECF No. 574

February 5, 2020

On February 5, 2020, the U.S. District Court for the Central District of California entered a judgment in Gonzalez v. ICE, No. 13-4416 (C.D. Cal. Feb. 5, 2020), ECF No. 574. The judgment declared any detainer issued by a U.S. Immigration and Customs Enforcement (ICE) officer or agent in the Central District of California to a law enforcement agency (LEA) for a member of the Probable Cause Subclass, which is defined below, to be null and void and ordered ICE to immediately rescind all such detainers. The judgment also stated that ICE violates the Fourth Amendment by issuing detainers to state and local law enforcement agencies in states that do not expressly authorize civil immigration arrests on detainers in state statute. The judgment directed ICE to notify LEAs that could have received an immigration detainer (DHS Form I-247A) from ICE that “a detainer does not provide the legal authority for a state or local law enforcement officer to make a civil immigration arrest.”

Probable Cause Subclass members are defined as:

All current and future persons who are subject to an immigration detainer issued by an ICE agent located in the Central District of California, where the detainer is not based upon a final order of removal signed by an immigration judge or the individual is not subject to ongoing removal proceedings and the detainer was issued solely on the basis of electronic database checks. (For these individuals, an LEA would have received a DHS Form I-247A, with only the third box checked in the section labeled “1. DHS HAS DETERMINED THAT PROBABLE CAUSE EXISTS THAT THE SUBJECT IS A REMOVABLE ALIEN. THIS DETERMINATION IS BASED ON.”)

ICE offices within the Central District of California include:

  • Pacific Enforcement Response Center located in Laguna Niguel, California
  • Enforcement and Removal Operations (ERO) Field Office in Los Angeles, California
  • Homeland Security Investigations (HSI) Office of Special Agent in Charge in Long Beach, California

The judgment does not prohibit ICE from requesting, or state and local law enforcement agencies from providing, advance notification of release, nor does the judgment prohibit ICE from issuing detainers when the suspected removable alien is subject to a final order of removal, is subject to ongoing removal proceedings, or has made statements to an immigration officer affirmatively indicating that he or she lacks immigration status or notwithstanding such status is removable under U.S. immigration law to any law enforcement agency. The judgment does not bar the cooperative efforts of any federal, state, or local law enforcement agency and only applies to ICE.

The government is seeking further review of this judgment. De La Cerda v. U.S. Dep’t of Homeland Security, No. 20-55175 (9th Cir. filed Feb. 14, 2020). On March 2, 2020, the Ninth Circuit Court of Appeals granted the government’s emergency request to stay the part of the judgment prohibiting ICE from issuing detainers seeking the detention of Probable Cause Subclass members to LEAs in states that lack state law permitting state and local LEAs to make civil immigration arrests based on civil immigration detainers only. Id., Dkt. 10.

Lyon v. ICE et al., No. 3:13-cv-5878 (N.D. Cal.)

September 27, 2016

This notice is to inform you of a settlement of a class action lawsuit called Lyon v. ICE et al., No. 3:13-cv-5878 (N.D. Cal.).

Settlement Agreement and Release

  • English: Settlement Agreement and Release (PDF | 1.5 MB)
  • Notice of Final Settlement
    • English (PDF | 226 KB)
    • Spanish (PDF | 180 KB)

Franco-Gonzalez v. Holder, No. CV 10-02211 DMG (DTBx) (C.D. Cal.)

July 20, 2015

This notice is being given by order of the Court to individuals who are members of a class of current and former individuals in immigration detention in Arizona, California, and Washington; who have certain serious mental disorders; and who have not had legal representation in their immigration cases. This notice is to inform you of a partial settlement of a class action lawsuit called Franco-Gonzalez v. Holder, No. CV 10-02211 DMG (DTBx) (C.D. Cal.).

  • Agreement Regarding Procedures for Notifying and Reopening Cases of Franco Class Members Who Have Received Final Orders of Removal (PDF | 1.5 MB)

Pursuant to the settlement, Plaintiffs’ counsel has drafted the below notices and instructions.

  • Summary Class Notice (PDF | 585 KB)
  • Joint Motion Notice and Instructions (PDF | 548 KB)
  • Unilateral Motion Notice and Instructions (PDF | 557 KB)

De Abadia Peixoto et al. v. United States Dept. of Homeland Security, et al., Case No.: 3:11-CV-4001 RS (U.S. District Court, Northern District of California)

January 29, 2014

This notice is being given by Order of the Court to individuals who may be members of a class of current and future adult immigration detainees who have or will have proceedings in immigration court in San Francisco during the period from December 23, 2011 to April 10, 2017, who are affected by the settlement of a class action lawsuit called De Abadia Peixoto et al. v. United States Dept. of Homeland Security, et al., Case No.: 3:11-CV-4001 RS (U.S. District Court, Northern District of California).

  • Full Document - English (PDF | 89 KB)
  • Full Document - Español (PDF | 95 KB)
  • Full Document - Chinese (PDF | 164 KB)
  • Full Document - Punjabi (PDF | 234 KB)

Victims of Carder.su

April 19, 2012

Since November 2005, the Carder.su organization, a transnational criminal organization, has been engaged in large scale trafficking of compromised credit card account data and counterfeit instruments. In March 2012, the U.S. Secret Service and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations arrested more than 19 members during Operation Open Market, an investigation into the Carder.su organization, which operated primarily out of Las Vegas and elsewhere. If you believe your personal and financial identifiers have been compromised by members of the Carder.su organization, or if you are a financial institution that has had accounts compromised by this organization, please visit the U.S. Attorney for the District of Nevada’s website for additional information about the status of these cases and your rights as a victim.

Former immigration clients and members of the Seamens Harvest Ministries Organization

February 23, 2012

In June 2011, the U.S. Attorney’s Office for the Southern District of Florida and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), charged four individuals with immigration fraud and other related crimes. The defendants allegedly filed on behalf of their clients false and fraudulent immigration applications with the U.S. Citizenship and Immigration Services (USCIS). While committing this fraud, one defendant allegedly posed as an employee and officer of ICE. The defendants are scheduled to appear in court for trial on May 14, 2012 at the U.S. District Courthouse in Miami, Fla.

Pursuant to federal law, victims of federal offenses are entitled to certain rights which include, among others, the ability to receive notice of case events, submit information to the court concerning the impact of the crime, seek any possible restitution, and may be able to attend the trial or any public hearings in this matter. If you believe that you were a victim of these crimes, please call U.S. Immigration and Customs Enforcement at (866) DHS-2ICE or (866) 347-2423.

Please note that the filing of charges are merely an accusation. Any and every person charged with a crime is presumed innocent unless and until proven guilty at trial or through change of plea.

Special Juvenile Immigration Benefits

January 27, 2011

On December 15, 2010, the U.S. District Court for the Central District of California approved a settlement agreement regarding special immigrant juveniles in the Perez-Olano, et al. v. Holder, et al litigation. A copy of the settlement agreement and the district court’s order are posted on this website. Click the links below to view the settlement agreement and court order.

  • Court Order (PDF | 34.5 KB)
  • Settlement Agreement (PDF | 3.4 MB)
Last Reviewed/Updated: 05/20/2020