02 Nov 2023

Proposed Settlement of Credible Fear Class in Padilla et al v. ICE et al

Matt Adams writes: "This week the district court granted preliminary approval to the proposed settlement submitted by the parties with respect to the Credible Fear Class. This class is focused on challenges to prolonged delays in making credible fear determinations. The notice of proposed settlement and the proposed settlement agreement are attached. Any objections to the settlement need to be received by the Court by January 5, 2024. Please feel free to reach out to NWIRP, NILA, or AIC if you have any questions regarding the proposed settlement. Please note that this does not address the bond hearing class, as there is no settlement with respect to the bond hearing class. As a reminder, the injunction on behalf of the bond hearing class was vacated in light of the Supreme Court's decision in Thuraissigiam, and we are now waiting for the court to rule on the government's corresponding motion to dismiss all claims on behalf of the bond hearing class."

[Docket Text: ORDER granting Parties' [215] Joint Motion for Preliminary Approval of Settlement and Request for Fairness Hearing. The Court preliminarily approves the Agreement, provisionally finding that the terms of the Agreement are fair, reasonable, and adequate as required by Fed. R. Civ. P. 23(e)(2), and within the range of possible approval and sufficient to warrant providing notice to the Credible Fear Class. The Court directs that a hearing be scheduled on 1/5/2024 at 10:00 a.m. (the "Fairness Hearing") to assist the Court in finally determining whether the settlement is fair, reasonable and adequate. Signed by Judge Marsha J. Pechman.]