300 F.R.D. 28
D. Mass.2014Background
- Plaintiffs are noncitizens who, after release from criminal custody, were taken into ICE custody under the mandatory-detention statute 8 U.S.C. § 1226(c).
- Proposed class seeks declaratory and injunctive relief that § 1226(c)’s phrase “when ... released” requires detention at the time of release (i.e., an immediacy requirement), not at any later time.
- Cesar Chavarria Restrepo is the named class representative and separately sought habeas relief; parties agreed that resolving his individual remedy together with class certification avoids repeated pleading to maintain a live controversy.
- The court previously held in Gordon that “when ... released” means “at the time of release” and rejected deference to the BIA’s contrary interpretation in Matter of Rojas.
- The court certified a Rule 23(b)(2) class limited to individuals not taken into immigration custody within 48 hours of release (or up to five days if a weekend/holiday intervenes) to ease practical transfer burdens; those detained within that window may seek individual relief.
- The court granted Chavarria’s habeas petition, ordered an individualized bond hearing per the parties’ joint submissions, allowed class certification, and denied defendants’ motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statutory meaning of “when ... released” in 8 U.S.C. § 1226(c) | Phrase imposes an immediacy requirement: mandatory detention only if ICE takes custody at time of criminal release | Phrase only fixes the time detention power attaches; government may detain at any later time | Court held the phrase means “at the time of release” — imposes temporal requirement; BIA deference not warranted |
| Class certification under Fed. R. Civ. P. 23 | A statewide class of persons detained beyond the statute’s temporal limit meets numerosity, commonality, typicality, adequacy, and fits Rule 23(b)(2) for declaratory/injunctive relief | Defendants challenged some elements but did not seriously contest numerosity; raised factual differences | Court certified the class under Rule 23(b)(2); common legal question (statutory interpretation) predominates |
| Scope of class / remedial carve-out | Class should include all persons detained not at time of release; but practicable limits acceptable | Government cited practical needs for transfers from criminal custody | Court limited class to persons taken into ICE custody more than 48 hours after release (or up to five days if weekend/holiday), reserving individual remedies for those detained within 48 hours |
| Individual habeas remedy for Chavarria | Chavarria sought immediate relief and bond hearing | Government opposed dismissal and sought to maintain detention subject to statute | Court granted Chavarria’s habeas petition and ordered an individualized bond hearing per joint submissions |
Key Cases Cited
- Gordon v. Johnson, 991 F. Supp. 2d 258 (D. Mass. 2013) (district court interpretation that “when ... released” means at the time of release; declined to defer to BIA)
- George v. Nat’l Water Main Cleaning Co., 286 F.R.D. 168 (D. Mass. 2012) (numerosity guidance for class certification)
- Reid v. Donelan, 297 F.R.D. 185 (D. Mass. 2014) (example of Rule 23(b)(2) class seeking declaratory/ injunctive relief)