Jacinto-Castanon De Nolasco v. U.S. Immigration & Customs Enforcement

319 F. Supp. 3d 491
CourtCourt of Appeals for the D.C. Circuit
DecidedJuly 19, 2018
DocketCivil Action No. 18-1536 (PLF)
StatusPublished
Cited by16 cases

This text of 319 F. Supp. 3d 491 (Jacinto-Castanon De Nolasco v. U.S. Immigration & Customs Enforcement) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jacinto-Castanon De Nolasco v. U.S. Immigration & Customs Enforcement, 319 F. Supp. 3d 491 (D.C. Cir. 2018).

Opinion

PAUL L. FRIEDMAN, United States District Judge

The matter is before the Court on plaintiffs' motion for a preliminary injunction [Dkt. No. 2], requiring the United States government to immediately reunify plaintiff Alma Zuli Jacinto-Castanon de Nolasco with her nine-year-old son and her eleven-year-old son, from whom Ms. Jacinto-Castanon was forcibly separated shortly after crossing the United States-Mexico border over two months ago. Upon careful consideration of the parties' filings, the relevant legal authorities, the arguments of counsel at the hearing on July 12, 2018, and the entire record in this case, the Court granted plaintiffs' motion by separate Order yesterday, July 18, 2018. This Opinion explains the reasons for that Order.1

I. BACKGROUND

A. Factual History

On April 6, 2018, the Attorney General of the United States announced a "zero-tolerance" immigration policy, under which all immigrant parents unlawfully crossing the United States-Mexico border with their young children would be subject to criminal prosecution and separated from *495their children. See Compl. ¶ 35. Following widespread criticism over the separation of immigrant families, on June 20, 2018, the President of the United States signed an Executive Order requiring immigrant parents and their children who are apprehended at the border to remain together during the pendency of their criminal or immigration proceedings, to the extent permitted by law. See Mot. at 9. The Executive Order did not, however, address the reunification of the more than 2,000 children whom the government had already separated from their parents. See id. at 9-10.

Plaintiffs in this action are Ms. Jacinto-Castanon and her two sons, who were forcibly separated after crossing the border prior to the issuance of the Executive Order on June 20, 2018. Ms. Jacinto-Castanon is presently detained in Arizona, while her sons are detained in California. Compl. ¶ 51. They are being held solely as civil immigration detainees and not in association with any criminal charge or conviction. Ms. Jacinto-Castanon has passed a credible fear interview - the first step in the asylum process. There is no evidence suggesting that Ms. Jacinto-Castanon is not the biological mother of her sons. Nor is there any suggestion that she is an unfit parent or poses a danger to her sons. In addition, Ms. Jacinto-Castanon's niece is a U.S. citizen who resides in North Carolina and has offered to sponsor Ms. Jacinto-Castanon and her sons during the pendency of Ms. Jacinto-Castanon's asylum proceedings. See Mot. Ex. 1, June 26, 2018 Jacinto-Castanon Aff. at ¶ 22.

In May 2018, after gang members murdered her husband and threatened to kill her and kidnap her children, Ms. Jacinto-Castanon and her sons fled Guatemala to pursue asylum in the United States. See Compl. ¶ 45. On May 14, 2018, they entered the United States near Lukeville, Arizona and told border agents that they intended to seek asylum. See id. at 1 and ¶ 46. Although they were initially detained together, the family was forcibly separated two days later on May 16, 2018. See id. ¶¶ 46-49. Ms. Jacinto-Castanon was taken to a court hearing that day and when she returned, her children were gone: "The immigration officers told me that my children had been taken away, but did not tell me where they were. The immigration officers stated that if the [g]overnment wanted to keep my children they would do so, and I would be deported alone and be forced to leave my sons behind." See Mot. Ex. 1, June 26, 2018 Jacinto-Castanon Aff. at ¶¶ 12-13. Unbeknownst to Ms. Jacinto-Castanon, her sons had been deemed "unaccompanied minors" because they had "no parent or legal guardian in the United States ... available to provide care and physical custody." Opp'n at 7. As a result, her sons were transferred to the custody of the Office of Refugee Resettlement ("ORR") and detained in a separate facility. See id.2

*496Ms. Jacinto-Castanon later pled guilty to misdemeanor improper entry under 8 U.S.C. § 1325(a) and was sentenced to time served. See Opp'n at 7. She was then transferred to immigration detention for consideration of her asylum application. She subsequently passed a credible fear interview and is no longer subject to expedited removal or mandatory immigration detention. See Opp'n at 21 n.8. She is currently detained in Eloy, Arizona and is awaiting an asylum hearing. See Mot. Ex. 1, June 26, 2018 Jacinto-Castanon Aff. at ¶ 16; Pl. Suppl. Notice at 3.

Ms. Jacinto-Castanon has not seen her sons since May 16, 2018. See Mot. Ex. 1, June 26, 2018 Jacinto-Castanon Aff. at ¶¶ 12-13. She believes that her sons are in a shelter in Los Angeles, California during the day, and then stay with an unrelated and unknown family at night. See id. ¶ 18. She has spoken to her sons only a few times over the phone each week since their separation. Id. ¶ 19. During the few conversations that they have had, her youngest son "cries and tells [her] he has nightmares." Id. ¶ 20. Both of her sons tell her that they are upset and afraid, and "wish they could be together as a family." Id. Due to her separation from her sons and her lack of information about their well-being, she feels "profound anguish, a deep sense of helplessness, and depression." Compl. ¶ 54.

B. Procedural History

Plaintiffs brought suit on June 27, 2018 against certain federal agencies and officials responsible for enforcing immigration laws and regulations. See Compl. ¶¶ 12-27. The complaint alleges, inter alia, that plaintiffs' continued separation, absent a showing that Ms. Jacinto-Castanon is an unfit parent or otherwise presents a danger to her sons, violates their substantive due process right to family integrity under the Fifth Amendment to the United States Constitution. See id. ¶¶ 60-63.

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319 F. Supp. 3d 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacinto-castanon-de-nolasco-v-us-immigration-customs-enforcement-cadc-2018.