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Saravia v. Barr, Case No. 3:17-cv-03615 (N.D. Cal.)

October 15, 2020

If you are a non-citizen minor who came to the United States as an unaccompanied child, was released from government custody, and then re-arrested by immigration authorities under suspicion of gang membership, your rights may be affected by a proposed class action settlement.

A proposed settlement has been reached in a class action lawsuit called Saravia v. Barr, Case No. 3:17-cv-03615 (N.D. Cal.). This lawsuit is about the rights of noncitizen minors who were once detained in U.S. government custody by the Office of Refugee Resettlement (“ORR”), released to parents or other sponsors in the United States, and then re-arrested by the government based on allegations of gang membership or affiliation. The parties in the lawsuit have proposed to settle the case, and a federal court must decide whether to approve the settlement.

This Notice will tell you about your rights under this proposed settlement. You are not being sued, and this is not an advertisement. If you think this Settlement relates to you, please read.

What is the lawsuit about?

Saravia v. Barr is a federal court case brought on behalf of a class of noncitizen minors who entered the United States as unaccompanied minors, were detained by ORR, were released to a parent or other sponsor, and were later rearrested by immigration officials based on allegations of gang affiliation. A case like this is brought on behalf of a whole group of people who are alleging similar legal disputes.

The case alleges that the rearrest and detention of, and denial of immigration benefits to, these minors violates the U.S. Constitution, the Trafficking Victims Protection Reauthorization Act (“TVPRA”), and other laws. In November 2017, a federal Judge issued an order requiring that the government provide Class Members with a hearing before an immigration judge within seven days of their rearrest (called a “Saravia Hearing”). See Saravia v. Sessions, 280 F. Supp. 3d 1168, 1197-98 (N.D. Cal. 2017).

After additional litigation, Plaintiff and the government subsequently agreed to a settlement, which will (1) provide Class Members with the right to a Saravia Hearing pursuant to certain procedures, and (2) provide certain rights to Class Members with respect to their applications for certain immigration benefits, including applications for asylum, Special Immigrant Juvenile (“SIJ”) status, or T or U nonimmigrant status. The government denies any wrongdoing, but is settling the case in order to avoid the expense and resources to keep fighting the case. The Plaintiff and their attorneys believe that the Settlement provides important rights and benefits for the Class, and that it is in the best interests of the Class to settle the case, while avoiding the expense and delay of continuing to litigate the case.


SPLC v. DHS, et al. (No. 18-0760)

June 17, 2020

Irwin County Detention Center

Unmonitored Phone Calls and Video Teleconference Meetings

All legal representative communication requests will be responded to and placed on the communication schedule within forty-eight (48) hours of the request, excluding weekends and holidays.

Unmonitored calls and video teleconference meetings with legal representatives can occur in the following ways:

By Facilitated Telephone Call

Legal representatives may make an appointment for a facilitated, unmonitored call with clients or prospective clients by contacting one of two dedicated Law Library Clerks at 229-468-4121 ext. 251 or 252 or Irwinice@irwincdc.com, within 24-hours (excluding weekends and holidays) of the desired call time. If you do not reach a Law Library Clerk, simply leave the following information by voicemail message:

  • Legal Representative’s Full Name
  • Legal Representative’s Contact Information which includes all phone numbers and email addresses
  • Name and Facility ID # or the A# of the detained individual

Facilitated telephone calls are scheduled from 9:00 a.m. to 5:00 p.m. Monday through Friday, but this availability time may be expanded in urgent situations. Phone calls will take place in a private room and will be scheduled in 60-minute increments. Legal representatives may request additional time when making the appointment. Additional time will be granted if available. The officer will advise the detainee when there are 5 minutes remaining in the call. Facilitated phone calls do not automatically end.

If legal representatives have a technical issue with a facilitated phone call, they can contact the Law Library Clerks at Irwinice@irwincdc.com or 229-468-4121 ext. 251 or 252.

By Video Teleconference

Legal representatives may request video teleconference meeting appointments with their clients or potential clients 24-hours prior to the requested meeting time (excluding weekends and holidays) by contacting the Law Library Clerks at 229-468-4121 ext. 251 or 252 or Irwinice@irwincdc.com. The following information must be in included in the email:

  • Legal Representative’s Full Name
  • Legal Representative’s Contact Information which includes phone number and email addresses
  • Name and Facility ID # or the A# of the detained individual

Video teleconference meeting appointments are scheduled from 9:00 a.m. to 5:00 p.m. Monday through Friday, but this availability time may be expanded in urgent situations. The Law Library Clerks are available on-site during these hours. Video teleconference meetings will be scheduled in 60-minute increments. Legal representatives may request additional time when making the appointment. Additional time will be granted if available. The officer will advise the detainee when there are 5 minutes remaining in the videoconference meeting. Video teleconference meetings do not automatically end.

In addition to providing their general government-issued identification, legal representatives will also be required to show appropriate identification or documentation reflecting their status as an active legal representative, such as a state bar card, attorney license, paralegal license, or similar legal status.

If legal representatives have a technical issue with a video teleconferencing device, they can contact the Law Library Clerks at Irwinice@irwincdc.com or 229-468-4121 ext. 251 or 252.

By Detainee Telephone System (DTS)

Unmonitored legal phone calls can also be made by detainees through the detainee telephone system from 5:00 a.m. to 11:00 p.m. Monday through Thursday and until 1:00 a.m. Friday and Saturday. These calls are placed by the detainee and are not scheduled through the facility. These calls are subject to the standard time limits imposed by the local phone service provider. Therefore, these calls will terminate after 15 minutes. However, detainees are able to make back-to-back phone calls.

Detainee calls made through the DTS pro bono platform are not monitored or recorded.

Legal representatives not already on the DTS pro bono platform can set up an account for unmonitored calls by emailing a request on letterhead with a maximum of two phone numbers to Irwin.attorneys@irwincdc.com or faxing it to 229-468-4186. The numbers will be checked and approved by ICDC staff. ICDC will notify the legal representative when the numbers are approved. After approval, the legal representative will need to contact Correct Solutions at https://cgspay.com or 1-877-618-3516 to deposit funds into the account.

If legal representatives have technical or other difficulties with the detainee telephone system, they may email the issue to the Phone Maintenance Officer at phones.vtc@irwincdc.com.

Faxing Legal Documents

Documents Sent by Detainees to Legal Representatives

  1. Monday through Friday at approximately 11:00 a.m. ICDC staff will make a verbal announcement to notify detainees that a Law Library Clerk will circulate in each housing unit to collect documents to be faxed. Detainees will be provided a cover sheet and envelope. The coversheet must be completed by the detainee and placed in the envelope along with the documents to be faxed. The detainee will write their name, A#, and housing unit on the envelope before giving it to the Law Library Clerk. One of two dedicated Law Library Clerks will collect the fax requests from the detainees. If detainees have an emergency or urgent fax request after this initial collection, he or she must notify an ICDC staff member so that a Law Library Clerk can return to his or her housing unit to collect the documents to be faxed.
  2. One of the two dedicated Law Library Clerks will review the fax request coversheet form to determine the recipient of the fax (the underlying documents will be inspected but will not be read, consistent with PBNDS 2011 Sections 5.1 and 5.7), fax the legal documents, and enter non-confidential notes in the logbook. The envelope containing the documents and the transmittal receipt will be returned to the detainee. To ensure confidentiality, documents transmitted and received by fax will only be handled by the two dedicated Law Library Clerks or one of three dedicated and trained staff members.

Documents Sent by Legal Representatives to Detainees

  1. The following fax number may be used to receive and transmit legal paperwork: 229-468-5743.
  2. Legal representatives transmitting documents should include a cover sheet containing the detained individual’s name and either their A# or Facility ID#.
  3. This fax number and machine are used solely for transmitting or receiving legal documentation. As such, all transmissions received are treated as confidential and do not need to be marked as such. Once a fax transmission is received, one of the two Law Library Clerks will examine the coversheet of the fax transmission (the underlying documents will be inspected but not be read, consistent with PBNDS 2011 Sections 5.1 and 5.7). Incoming faxes will be placed in an envelope with the detainee’s name and A# written on the outside. This individual will then deliver the transmission directly to the detained individual in his or her housing unit. In the event that the Law Library Clerks are absent from the facility, this process is handled by one of three dedicated and trained staff members

Technical Difficulties

If legal representatives have difficulty in faxing or receiving legal documents to/from the above fax number, they may call the Law Library Clerks at 229-468-4121, ext. 251 or 252. If no one answers, please leave a voicemail message.

Depositing Funds on Detainee Phone Accounts

For a convenient and secure way for detainees to deposit funds into phone accounts, two (2) account options are available:

  1. Pre-Paid Accounts – This type of account is good for phone numbers listed by the payee only.
  2. Inmate Pin Debit – This type of account is good for any number the detainee calls.

To make a deposit, customers must first set up an account online at https://csgpay.com/ or contact the call center at 1-877-618-3516. When setting up the account, you need to have the name, birth date, and location of the detainee (Irwin County Detention Center # 24027).

Note – Adding funds to Commissary is not available for Irwin County Detention Center (ICDC)

 

Stewart Detention Center

Unmonitored Phone Calls and Video Teleconference Meetings

All legal representative communication requests will be responded to and placed on the communication schedule within forty-eight (48) hours of the request excluding weekends and holidays.

Unmonitored calls and video teleconference meetings with legal representatives can occur in the following ways:

By Facilitated Telephone Call

Legal representatives may schedule facilitated telephone calls by calling the Warden's Assistant at 229-838-5000 (select option 7 when prompted by the directory) during normal business hours, 7:00 AM to 3:00 PM, Monday – Friday. In addition to providing their general government-issued identification, legal representatives will also be required to provide appropriate identification or documentation reflecting their status as an active legal representative, such as a state bar card, attorney license, paralegal license, or other similar legal status. Additionally, a requested time for the call must be provided. Credential verification documents shall be faxed to 229-838-6816, to the attention of the Warden's Assistant.

The Warden's Assistant will schedule the call and notify Unit Management Team staff of the time of the call. At the appointed time, facility staff will bring the detainee to a private room and place the detainee on the phone call. After the call is connected, the staff member will leave the room but will remain within eyeshot, but out of earshot. Phone calls shall not exceed thirty (30) minutes. The assigned staff member will advise the detainee that the call is scheduled to conclude, ten (10) minutes prior to the conclusion of the call. Additional time may be requested for verified urgent situations and may be granted if available.

Legal representatives should note the name of the staff member facilitating the call. If any technical issues arise during the call, the legal representative should call the facility operator at 229-838-5000 and ask the operator to alert the Chief of Unit Management of the technical problem.

By Video Teleconference

Legal representatives who wish to request video teleconference (VTC) appointments with their clients or potential clients must submit a request at least 24-hours prior to the requested meeting time by sending an email to StewartVTC@corecivic.com. The following information must be in included in the email:

  • Legal Representative’s Full Name
  • Legal Representative’s Contact Information which includes phone number and email addresses
  • Name and A# of the detained individual
  • Requested date and time of the appointment, including alternate times if the first choice is not available.

Video teleconference meetings are scheduled from 8:00 a.m. to 6:00 p.m. Monday through Friday. Appointments are scheduled in 60-minute increments. Legal representatives are not limited on the number of VTC appointments they can request, but no legal representative is permitted more than one 60-minute appointment with a detainee in a single day. Legal representatives who anticipate a need for a longer consultation, are permitted to schedule video teleconferences with a single detainee on consecutive days. The officer will knock on the door and advise the detainee when the 60-minute time limit has expired.

Legal representatives should note the name of the staff member facilitating the video teleconference. If any technical issues arise during the call, the legal representative should call the facility operator at 229-838-5000 and ask the operator to alert the Chief of Unit Management of the technical problem.

Any additional questions or concerns about VTC calls may be emailed to StewartVTC@corecivic.com.

By Detainee Telephone System (DTS)

Unmonitored legal phone calls can also be made by detainees through the detainee telephone system (DTS), which is located in facility housing areas, from 4:00 a.m. to 11:00 p.m. seven (7) days a week. Unmonitored calls placed through the DTS are not subject to standard cut off times. However, calls may be disconnected after 60 minutes. Detainees can make back-to-back calls. In addition, detainees will not be permitted to use the telephone system during scheduled facility counts, and after lights out.

Detainee calls made through the DTS pro bono platform are not monitored or recorded.

Legal representatives not already on the DTS pro bono platform can set up an account for unmonitored calls by sending a request to Jacqueline Norman via facsimile (229-838-6816) or email. The request should include the phone number(s) to which unmonitored calls may be made, government-issued identification, and appropriate identification or documentation reflecting their status as an active legal representative, such as a state bar card, attorney license, paralegal license, or other similar legal status. The numbers will be checked and approved by Stewart Detention Center (SDC) staff. SDC will notify the legal representative when the numbers are approved. After approval, the legal representative wishing to have a prepaid account may do so at https://www.globaltel.net (when signing up, select "Georgia" and "Stewart Det. Center – CCA (ICE)" from the dropdown lists) or by calling Talton Communications at 1-866-348-6321. If a legal representative changes their phone number(s), they should contact the facility to provide the updated phone number(s) for unmonitored calls.

Legal representatives who wish to confirm that their number is not monitored may email ICESupport@Talton.com and advise ICE's contracted telephone provider that their number is an attorney number. Talton can confirm that it will not be recorded or monitored. If legal representatives have technical or other difficulties with the detainee telephone system, they may contact the facility Investigator at 229-838-5014.

Any additional questions or concerns regarding detainee legal communications may be directed to the Warden's Assistant by phone at 229-838-5000, Option 7.

Faxing Legal Documents

Detainees housed at SDC may exchange legal documents with legal representatives via an electronic fax machine in the facility Law Library during normal hours of operation from 6:00 AM to 10:00 PM, Monday – Friday.

Documents Sent by Detainees to Legal Representatives

  1. Detainees wishing to send faxes to legal representatives must submit a Detainee Information Request to the Law Library Supervisor. The Law Library Supervisor will schedule all requests on a first-come, first-served basis. When scheduled, the detainee will bring to the Law Library the legal documents to be sent, along with the following information: the name of the legal representative, the name of the Law Firm (if applicable), the Law Firm's (or legal representative's) address, and office telephone and fax numbers. The detainee will complete a fax cover sheet provided at the time of transmission. The Law Library Officer will fax the documents in the presence of the detainee and return the original documents to the detainee. In the event a detainee is unable to go to the Law Library, arrangements will be made with the Law Library Officer.
  2. Consistent with PBNDS 2011 Section 5.1 and 5.7, facility staff will inspect the outgoing documents for contraband in the presence of the detainee; the documents will not be read. After transmission, facility staff will return the documents and provide the fax confirmation to the detainee. For detainees who are unable to go to the law library and for whom special arrangements have been made to fax, the documents will be faxed by the Law Library Officer and then placed in an envelope with the detainee's name and A# along with the fax confirmation and returned to the detainee.

Documents Sent by Legal Representatives to Detainees

  1. The following fax number may be used to receive and transmit legal paperwork: 229-838-5038.
  2. Legal representatives transmitting documents must include a cover sheet containing the detainee's name, A#, and total number of pages being sent.
  3. Incoming faxes will be placed in an envelope with the detainee's name and A# written on the outside. The Law Library Officer will notify a Unit Team member who will have the detainee sent to the Law Library to get the faxed documents. If a detainee is unable to pick up the documents, they will be delivered in the envelope to the detainee. Consistent with PBNDS 2011 Section 5.1 and 5.7, facility staff will inspect the incoming documents for contraband in the presence of the detainee; the documents will not be read.

Technical Difficulties

If a legal representative has difficulty in faxing or receiving legal documents to/from the above fax number, the Chief of Unit Management may be reached at 229-838-5000.

 


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: 10/19/2020