Date: 06-29-2018

Case Style:

Case Number: 1:18-cv-04412

Judge: Manish S. Shah

Court: United States District Court for the Northern District of Illinois (Cook CountyO

Plaintiff's Attorney: Chris Comstock, Jesse Bless, Mike Bornhorst, Priya Desai, Britt Miller

Defendant's Attorney: Craig Arthur Oswald, Sarah Bernadette Fabian, Joshua Samuel Press for Jeff Sessions, et al.

David Justin Dale and Eric Daniel Anderson for Manager Cecilia Contreras and Heartland Human Care Services, Inc.

Description: Chicago, IL - United States Magistrate Orders Attorney General To Return Child To His Mother

Lidia Karine Souza, individually and a the parent and next friend of her son, D.F., a minor, sued the Attorney General of Jefferson Beauregard Sessions, III, Secretary of DHS Kirstjen Nielsen, U.S. Immigration and Customs Enforcement (ICE), U.S. Immigration and Customs Enforcement (ICE), U.S. Immigration and Customs Enforcement (ICE), CBP U.S. Customs and Border Protection, Acting Commissioner Kevin K. McAleenan, U.S. Citizenship and Immigration Services, U.S. Citizenship and Immigration Services, U.S. Department of Health and Human Services, Secretary of HHS Alex Azar, Office of Refugee Resettlement ("ORR"), Office of Refugee Resettlement ("ORR"), Heartland Alliance International, LLC, Manager Cecilia Contrerasand Heartland Human Care Services, Inc. on seeking a declaratory judgment and habeas corpus (alien detainee) ordering the Attorney General to produce her child for reunification.

Ms. Souza pleaded guilty to illegal entry into the United States, a misdemeanor, and was allowed to join her family in Massachusetts on June 9th.

He son, Diogo had been taken from her when she was arrested and was being held in Casa de Guadalupe, a shelter for migrant youth operated by Heartland Alliance in Chicago.

The New York Times reported on June 30, 2018 that the United States Department of State issued a report saying that separating children from their parents can cause lasting psychological injury to children.

Court Docket Entries:

Date Filed # Docket Text
06/26/2018 1 COMPLAINT filed by D. F., Lidia Karine Souza; N. Filing fee $ 400, receipt number 0752-14631549.(Miller, Britt) (Entered: 06/26/2018)
06/26/2018 2 CIVIL Cover Sheet (Miller, Britt) (Entered: 06/26/2018)
06/26/2018 3 ATTORNEY Appearance for Plaintiffs D. F., Lidia Karine Souza by Britt Marie Miller (Miller, Britt) (Entered: 06/26/2018)
06/26/2018 4 ATTORNEY Appearance for Plaintiffs D. F., Lidia Karine Souza by Christopher Steven Comstock (Comstock, Christopher) (Entered: 06/26/2018)
06/26/2018 5 ATTORNEY Appearance for Plaintiffs D. F., Lidia Karine Souza by Priya Ashley Desai (Desai, Priya) (Entered: 06/26/2018)
06/26/2018 6 ATTORNEY Appearance for Plaintiffs D. F., Lidia Karine Souza by Michael Hercules Bornhorst (Bornhorst, Michael) (Entered: 06/26/2018)
06/26/2018 7 DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants Alex Azar, L. Francis Cissna, Thomas Homan, Scott LLoyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement ("ORR"), Jefferson Beauregard Sessions III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security ("DHS"), U.S. Immigration and Customs Enforcement (ICE), Ricardo Wong (Oswald, Craig) (Entered: 06/26/2018)
06/26/2018 CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (acm) (Entered: 06/26/2018)
06/26/2018 8 MOTION by Plaintiffs D. F., Lidia Karine Souza for temporary restraining order (Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction) (Miller, Britt) (Entered: 06/26/2018)
06/26/2018 9 MEMORANDUM by D. F., Lidia Karine Souza in support of motion for temporary restraining order 8 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Miller, Britt) (Entered: 06/26/2018)
06/26/2018 10 NOTICE of Motion by Britt Marie Miller for presentment of motion for temporary restraining order 8 before Honorable Manish S. Shah on 6/28/2018 at 10:00 AM. (Miller, Britt) (Entered: 06/26/2018)
06/26/2018 11 ATTORNEY Appearance for Defendants Alex Azar, L. Francis Cissna, Thomas Homan, Scott LLoyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement ("ORR"), Jefferson Beauregard Sessions III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security ("DHS"), U.S. Immigration and Customs Enforcement (ICE), Ricardo Wong by Sarah Bernadette Fabian (Fabian, Sarah) (Entered: 06/26/2018)
06/26/2018 12 First AMENDED complaint by D. F., Lidia Karine Souza against Alex Azar, L. Francis Cissna, Cecilia Contreras, Heartland Alliance International, LLC, Thomas Homan, Scott LLoyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement ("ORR"), Jefferson Beauregard Sessions III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security ("DHS"), U.S. Immigration and Customs Enforcement (ICE), Ricardo Wong (Miller, Britt) (Entered: 06/26/2018)
06/26/2018 13 CERTIFICATE of Service by Plaintiffs D. F., Lidia Karine Souza regarding amended complaint,, 12 (Miller, Britt) (Entered: 06/26/2018)
06/27/2018 14 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14636730. (Bless, Jesse) (Entered: 06/27/2018)
06/27/2018 15 NOTICE by D. F., Lidia Karine Souza of Supplemental Authority in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Miller, Britt) (Entered: 06/27/2018)
06/27/2018 16 ATTORNEY Appearance for Defendants Cecilia Contreras, Heartland Human Care Services, Inc. by Eric Daniel Anderson (Anderson, Eric) (Entered: 06/27/2018)
06/27/2018 17 ATTORNEY Appearance for Defendants Cecilia Contreras, Heartland Human Care Services, Inc. by David Justin Dale (Dale, David) (Entered: 06/27/2018)
06/27/2018 18 ATTORNEY Appearance for Defendants Alex Azar, L. Francis Cissna, Thomas Homan, Scott LLoyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement ("ORR"), Jefferson Beauregard Sessions III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security ("DHS"), U.S. Immigration and Customs Enforcement (ICE), Ricardo Wong by Joshua Samuel Press (Press, Joshua) (Entered: 06/27/2018)
06/27/2018 19 ORDER. Signed by the Honorable Manish S. Shah on 6/27/2018: The U.S. Marshal Service is directed to allow plaintiff Lidia Karine Souza to enter the United States Courthouse located at 219 South Dearborn Street, Chicago, Illinois, without a government-issued photo identification document, for the limited purpose of her attendance at a noticed motion hearing set for June 28, 2018 at 10:00 a.m. in the above captioned case before the Honorable Manish S. Shah. Notices mailed. (psm, ) (Entered: 06/27/2018)
06/27/2018 SUMMONS Issued as to Alex Azar, L. Francis Cissna, Cecilia Contreras, Heartland Alliance International, LLC, Heartland Human Care Services, Inc., Thomas Homan, Scott LLoyd, Kirstjen Nielsen, Office of Refugee Resettlement ("ORR"), Jefferson Beauregard Sessions III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement (ICE), Ricardo Wong, and U.S. Attorney (dal, ) (Entered: 06/27/2018)
06/27/2018 20 MINUTE entry before the Honorable Manish S. Shah: The motion for leave to appear pro hac vice 14 is granted. Notices mailed. (psm, ) (Entered: 06/27/2018)
06/28/2018 SUMMONS Issued as to Defendants Kevin K. McAleenan, U.S. Department of Homeland Security ("DHS") (kb, ) (Entered: 06/28/2018)
06/28/2018 21 Notice of Clarification Regarding Statements at Hearing by D. F., Lidia Karine Souza (Miller, Britt) (Entered: 06/28/2018)
06/28/2018 22 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. Plaintiffs' motion for temporary restraining order 8 is taken under advisement. The court will issue an order via cm/ecf in which any further briefing deadlines and court dates shall be set. Notices mailed. (psm, ) (Entered: 06/28/2018)
06/28/2018 23 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 6/28/2018: Plaintiffs' motion for a temporary restraining order and preliminary injunction, 8 , is granted. [For further detail see attached order.] A status hearing is set for 7/19/18 at 9:30 a.m. Notices mailed. (psm, ) (Entered: 06/28/2018)

Outcome: Magistrate Shah found that holding the boy violated his rights and ordered that Sessions return the boy to his mother.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: Taking children away from their parents is legally and morally reprehensible. The government apparently intended to make it so hard for the parents to get their children back that they would never be returned.