REID v. DONELAN

Nos. 19-1787 19-1900.

17 F.4th 1 (2021)

Mark Anthony REID; Robert Williams, on behalf of himself and others similarly situated; Leo Felix Charles, on behalf of himself and others similarly situated, Petitioners, Appellants/Cross-Appellees, v. Christopher J. DONELAN, Sheriff, Franklin County, Massachusetts; Lori Streeter, Superintendent, Franklin County Jail & House of Correction; Thomas M. Hodgson, Sheriff, Bristol County, Massachusetts; Joseph D. McDonald, Jr., Sheriff, Plymouth County, Massachusetts; Steven W. Tompkins, Sheriff, Suffolk County, Massachusetts; Alejandro Mayorkas, Secretary of the Department of Homeland Security; Denis C. Riordan, Director, Immigration and Customs Enforcement Boston Field Office; Merrick B. Garland, Attorney General; Jean King, Acting Director of the Executive Office for Immigration Review; Executive Office for Immigration Review; David Dubois, Sheriff, Strafford County, New Hampshire; Christopher Brackett, Superintendent, Strafford County House of Corrections; Tae D. Johnson, Acting Director, Immigration and Customs Enforcement, Respondents, Appellees/Cross-Appellants.

United States Court of Appeals, First Circuit.

October 26, 2021.


Attorney(s) appearing for the Case

Anant K. Saraswat and Michael Tayag , with whom Michelle Nyein , Wolf, Greenfield & Sacks, P.C., Grace Choi , Kayla Crowell , Aseem Mehta , Alden Pinkham , Bianca Rey , Marisol Orihuela , Michael Wishnie , Jerome N. Frank Legal Services Organization, Michael K.T. Tan , and ACLU Immigrants' Rights Project were on brief, for appellants/cross-appellees.

William Tong , Attorney General of the State of Connecticut, Clare Kindall , Solicitor General of the State of Connecticut, Joshua Perry , Special Counsel for Civil Rights, Kathleen Jennings , Attorney General of the State of Delaware, Keith Ellison , Attorney General of the State of Minnesota, Aaron D. Ford , Attorney General of the State of Nevada, Hector H. Balderas , Attorney General of the State of New Mexico, Letitia James , Attorney General of the State of New York, Ellen F. Rosenblum , Attorney General of the State of Oregon, Thomas J. Donovan, Jr. , Attorney General of the State of Vermont, Maura Healey , Attorney General of the Commonwealth of Massachusetts, Mark R. Herring , Attorney General of the Commonwealth of Virginia, and Karl A. Racine , Attorney General of the District of Columbia, on brief for the States of Connecticut, Delaware, Minnesota, Nevada, New Mexico, New York, Oregon, and Vermont, the Commonwealths of Massachusetts and Virginia, and the District of Columbia, amici curiae.

Alina Das , Rebecca Suldan , and Washington Square Legal Services, Immigrant Rights Clinic, on brief for Boston College Immigration Clinic, Boston University School of Law, Immigrants' Rights and Human Trafficking Program, Detention Watch Network, Families for Freedom, Greater Boston Legal Services, Harvard Law School Crimmigration Clinic, Immigrant Defense Project, Immigrant Legal Resource Center, Lawyers for Civil Rights, National Immigration Project of the National Lawyers Guild, and Suffolk University Law School Immigration Clinic, amici curiae.

Kevin P. Martin , Madelaine M. Cleghorn , and Goodwin Procter LLP, on brief for The American Immigration Lawyers Association, amicus curiae.

Sarah H. Paoletti and Transnational Legal Clinic, University of Pennsylvania Law School, on brief for International Law Professors and Human Rights Clinicians, amici curiae.

James J. Beha II and Morrison & Foerster LLP, on brief for Retired Immigration Judges and Board of Immigration Appeals Members, amici curiae.

Nina Rabin and Immigrant Family Legal Clinic, UCLA School of Law, on brief for 35 Scholars and Researchers in Sociology, Criminology, Anthropology, Psychology, Geography, Public Health, Medicine, Latin American Studies, and Law, Whose Work Relates to Incarceration, Detention, and the Effect of U.S. Immigration Detention and Removal Policies on Migrant Populations, amici curiae.

Jonathan D. Selbin , Jason L. Lichtman , Katherine I. McBride , Elizabeth J. Cabraser , Andrew R. Kaufman , and Lieff Cabraser Heimann & Bernstein, LLP, on brief for Civil Law Professors, amici curiae.

Lauren E. Fascett , Senior Litigation Counsel, Civil Division, Office of Immigration Litigation, with whom Joseph H. Hunt , Assistant Attorney General, Civil Division, William C. Peachey , Director, District Court Section, Office of Immigration Litigation, Elianis N. Perez , Assistant Director, Sarah S. Wilson , Senior Litigation Counsel, Appellate Counsel Section, Office of Immigration Litigation, and Catherine M. Reno , Trial Attorney, Civil Division, Office of Immigration Litigation, were on brief for appellees/cross-appellants.

Before LYNCH, LIPEZ, and KAYATTA, Circuit Judges.


This class action, brought on behalf of noncitizen detainees held without possibility of release pending the completion of their removal proceedings, comes before this court for a second time. See Reid v. Donelan, 819 F.3d 486 (1st Cir. 2016)...

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