Franco-Gonzalez v. Holder
What's at Stake
Franco-Gonzalez v. Holder is a class action lawsuit in the Central District of California brought on behalf of immigration detainees with mental disabilities in Arizona, California, and Washington.
Summary
A federal district judge has ordered the U.S. Immigration and Customs Enforcement, the Attorney General, and the Executive Office of Immigration Review to provide legal representation to immigrant detainees with mental disabilities who are facing deportation and who are unable to adequately represent themselves in immigration hearings. The ruling in the class-action lawsuit is the first of its kind for immigrant detainees, who often languish in detention facilities for years without legal representation.
On April 23, 2013, the U.S. District Court for the Central District of California issued an order granting judgment in favor of plaintiffs in the case, Franco-Gonzalez v. Holder, which applies to certain detainees in Arizona, California and Washington. The decision comes more than three years after a lawsuit was filed by José Antonio Franco-Gonzalez, a Mexican immigrant with a cognitive disability who was detained in federal immigration facilities for nearly five years without a hearing or a lawyer. In 2010, Plaintiffs sought to expand the reach of the challenge to the government’s inadequate procedures by converting the lawsuit into a class action.
The suit was litigated by the ACLU of Southern California, ACLU Immigrants’ Rights Project, Public Counsel, Sullivan & Cromwell, LLP, ACLU of San Diego, ACLU of Arizona, Mental Health Advocacy Services, and the Northwest Immigrants Rights Project.
Legal Documents
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10/31/2014
Franco-Gonzalez v. Holder - Order Further Implementing this Court's Permanent Injunction
Date Filed: 10/31/2014
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09/25/2006
Mussa et al v. Gonzales Amended Complaint
Date Filed: 09/25/2006
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08/02/2010
Franco-Gonzalez et al. v. Holder et al. - First Amended Class-Action Complaint
Date Filed: 08/02/2010
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07/27/2015
Final Summary Notice-Franco-Gonzalez v. Holder (Spanish)
Date Filed: 07/27/2015
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04/24/2013
Franco-Gonzalez v. Holder - Order
Date Filed: 04/24/2013
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04/24/2013
Franco-Gonzalez v. Holder - Decision
Date Filed: 04/24/2013
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01/18/2013
ESI Amicus Brief
Press Releases
Federal Court Orders Legal Representation for Immigrant Detainees With Mental Disabilities
Federal Court Grants Class-Action Status to Unrepresented Immigration Detainees With Mental Disabilities
ACLU/SC, ACLU And Others File First Class-Action Lawsuit On Behalf Of Immigrants With Mental Disabilities
Immigrants with Mental Disabilities Lost in Detention for Years