Saravia v. Sessions et al

Filing 105

ORDER re 103 GRANTING IN PART PLAINTIFFS' EMERGENCY APPLICATION FOR RELIEF. Signed by Judge Vince Chhabria on November 27, 2017. (vclc3S, COURT STAFF) (Filed on 11/27/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

ILSA SARAVIA, et al.,

Case No. 17-cv-03615-VC

Petitioners/Plaintiffs,
v.
JEFFERSON B. SESSIONS, et al.,
Respondents/Defendants.

ORDER GRANTING IN PART
PLAINTIFFS' EMERGENCY
APPLICATION FOR RELIEF
Re: Dkt. No. 103

Having reviewed the plaintiffs' request for emergency relief relating to implementation of
the Court's November 20, 2017 Order, and after holding two telephonic conferences with the
parties, the Court grants the request in part and denies it in part, as set forth below.
1. Defendants must use best efforts to provide notice, for any hearings required by the
November 20, 2017 Order for which notice has not previously been given, to all Class
Members, their sponsors, individual attorneys of record, and Class Counsel, by 7:00 a.m.
(PST) on Tuesday, November 28, 2017, setting forth in detail the time and place of the
hearing.
2. Defendants will support any Class Member who requests a brief extension of time for the
commencement of the hearing, or following the conclusion of the Government’s presentation
of its evidence, to secure legal representation, prepare for the hearing, and/or respond to
previously undisclosed allegations or evidence. Where the Class Member is unrepresented,
the Government will request that the Immigration Judge continue the hearing to allow the
Class Member to obtain counsel.

3. Defendants will provide facility staff contact information for all facilities where Class
Members are held to allow Class Counsel and attorneys representing Class Members in their
hearings access to currently detained Class Members. This information shall be used only
for the purpose of representing currently detained Class Members in hearings required by the
Court's November 20, 2017 Order. Defendants have agreed to instruct all facilities where
Class Members are being held to immediately allow their attorneys and Class Counsel to
have access to them in person, by video conference and/or by telephone.
4. Because a further hearing pursuant to the Court's November 20, 2017 Order would be largely
or entirely duplicative, Defendants must immediately release from detention any currently
detained Class Member who has already had a Flores hearing after being rearrested, at which
the Immigration Judge ruled that the Class Member has not been shown to be a danger or a
flight risk, including three Class Members, O.C., J.G.R. and L.V.
5. Defendants must hold all hearings required by the November 20, 2017 Order in the
jurisdiction in which the Class Member was living or was arrested when requested by the
Class Member or his counsel. Where a Class Member is unrepresented, the Immigration
Judge must inform the Class Member that the Class Member can request a transfer of the
hearing to the jurisdiction of his home or arrest. The hearing must take place within two
weeks of any request with respect to any Class Member who requests transfer under this
paragraph. Plaintiffs agree to meet and confer with the Government in the event the
Government notifies Class Counsel or a Class Member’s counsel that two weeks is
impracticable and the Government believes additional time is required.

IT IS SO ORDERED.
Dated: November 27, 2017
______________________________________
VINCE CHHABRIA
United States District Judge

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