Pereira Brito v. Garland


United States Court of Appeals For the First Circuit Nos. 20-1037, 20-1119 GILBERTO PEREIRA BRITO, individually and on behalf of all those similarly situated; FLORENTIN AVILA LUCAS, individually and on behalf of all those similarly situated; JACKY CELICOURT, individually and on behalf of all those similarly situated, Petitioners, Appellants/Cross-Appellees, v. MERRICK B. GARLAND,* Attorney General, U.S. Department of Justice; TIMOTHY S. ROBBINS, Acting Field Office Director, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement; TAE D. JOHNSON, Acting Director, U.S. Immigration and Customs Enforcement; ALEJANDRO MAYORKAS, Secretary, U.S. Department of Homeland Security; JEAN F. KING, Director, Executive Office of Immigration Review, U.S. Department of Justice; ANTONE MONIZ, Superintendent of the Plymouth County Correctional Facility; YOLANDA SMITH, Superintendent of the Suffolk County House of Corrections; STEVEN J. SOUZA, Superintendent of the Bristol County House of Corrections; CHRISTOPHER BRACKETT, Superintendent of the Strafford County Department of Corrections; LORI STREETER, Superintendent of the Franklin County House of Corrections, Respondents, Appellees/Cross-Appellants. APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS * Pursuant to Fed. R. App. P. 43(c)(2), Attorney General Merrick B. Garland has been substituted for former Attorney General William P. Barr as respondent, Acting Director Tae D. Johnson has been substituted for former Acting Director Matthew T. Albence as respondent, Secretary of Homeland Security Alejandro Mayorkas has been substituted for former Secretary Chad F. Wolf as respondent, and Director Jean C. King has been substituted for former Director James McHenry as respondent. [Hon. Patti B. Saris, U.S. District Judge] Before Lynch, Lipez, and Kayatta, Circuit Judges. Daniel McFadden, with whom Matthew R. Segal, Adrian Lafaille, American Civil Liberties Union Foundation of Massachusetts, Inc., Gilles R. Bissonnette, Henry R. Klementowicz, SangYeob Kim, American Civil Liberties Union Foundation of New Hampshire, New Hampshire Immigrants' Rights Project, Michael K. T. Tan, ACLU Foundation Immigrants' Rights Project, Susan M. Finegan, Susan J. Cohen, Andrew Nathanson, Mathilda S. McGee-Tubb, Ryan Dougherty, and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. were on brief, for Appellants/Cross-Appellees. Maura Healey, Attorney General of Massachusetts, Amanda Hainsworth, Assistant Attorney General, Civil Rights Division, Mark R. Herring, Attorney General of Virginia, William Tong, Attorney General of Connecticut, Claire Kindall, Solicitor General of Connecticut, Joshua Perry, Special Counsel for Civil Rights, Xavier Becerra, Attorney General of California, Kathleen Jennings, Attorney General of Delaware, Clare E. Connors, Attorney General of Hawai'i, Kwame Raoul, Attorney General of Illinois, Aaron M. Frey, Attorney General of Maine, Brian E. Frosh, Attorney General of Maryland, Dana Nessel, Attorney General of Michigan, Keith Ellison, Attorney General of Minnesota, Aaron D. Ford, Attorney General of Nevada, Gurbir S. Grewal, Attorney General of New Jersey, Hector Balderas, Attorney General of New Mexico, Letitia James, Attorney General of New York, Ellen F. Rosenblum, Attorney General of Oregon, Peter F. Neronha, Attorney General of Rhode Island, Thomas J. Donavan, Jr., Attorney General of Vermont, Robert W. Ferguson, Attorney General of Washington, and Karl A. Racine, Attorney General for the District of Columbia, on brief for the Commonwealths of Massachusetts …

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