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Keywords

plaintiffdefendantappealmotiondue processimmigration lawliensmotion to dismiss
plaintiffdefendantappealmotionbailimmigration lawmotion to dismiss

Related Cases

Doe v. Hobson

Facts

Plaintiffs Jane Doe #1, Jane Doe #2, John Doe #1, and John Doe #2, all undocumented aliens from Mexico, were arrested for fishing without a license. Jane Doe #1 was detained for two days, while the others were held for a few hours. They contested their charges in state court and were convicted, but they appealed. The plaintiffs allege that the enforcement of Alabama's immigration law, specifically Section 5 of House Bill 658, would lead to public disclosure of their undocumented status, violating their due process and privacy rights.

Plaintiffs Jane Doe #1, Jane Doe #2, John Doe #1, and John Doe #2 are residents of Montgomery, Alabama. All of them were born in Mexico and moved to the United States several years ago. Jane Doe #1 is Jane Doe #2's mother. Jane Doe #2 is married to John Doe #1. These three Does live together. John Doe #2 is the nephew of Jane Doe #1 and the cousin of Jane Doe #2; he lives separately from but near the other Does. All Plaintiffs lack 'documents proving that they currently have permission to reside in the United States.' (Compl., at 52.) Plaintiffs went fishing, allegedly without a state license to do so, and were arrested. Jane Doe #1 was detained for approximately two days in a county jail and denied bail because federal Immigration and Customs Enforcement ('ICE') officers wished to investigate whether she had permission to remain in the United States. The other Plaintiffs were detained in jail for several hours. ICE officials determined that Jane Doe #1 lacked permission to remain in the United States, but exercised their discretion not to keep her in custody or to initiate removal proceedings against her. Plaintiffs all appeared in state district court to contest the charges of fishing without licenses. All four were convicted, but they have appealed their convictions to state circuit court.

Issue

Whether the plaintiffs have standing to challenge the enforcement of Alabama's immigration law and whether the case is moot.

Whether the plaintiffs have standing to challenge the enforcement of Alabama's immigration law and whether the case is moot.

Rule

To establish standing, a plaintiff must show a personal injury that is fairly traceable to the defendant's conduct and likely to be redressed by the requested relief. The injury must be concrete, particularized, and actual or imminent.

To establish standing, a plaintiff must show a personal injury that is fairly traceable to the defendant's conduct and likely to be redressed by the requested relief. The injury must be concrete, particularized, and actual or imminent.

Analysis

The court determined that the plaintiffs had sufficiently alleged an imminent injury due to the potential enforcement of Section 5, which would publicly disclose their undocumented status. The court rejected the defendants' arguments regarding mootness and ripeness, concluding that the plaintiffs were in immediate danger of sustaining harm if the law were enforced.

The court determined that the plaintiffs had sufficiently alleged an imminent injury due to the potential enforcement of Section 5, which would publicly disclose their undocumented status. The court rejected the defendants' arguments regarding mootness and ripeness, concluding that the plaintiffs were in immediate danger of sustaining harm if the law were enforced.

Conclusion

The court denied the state's motion to dismiss, allowing the plaintiffs' case to proceed.

The court denied the state's motion to dismiss, allowing the plaintiffs' case to proceed.

Who won?

The plaintiffs prevailed because the court found that they had standing to challenge the law and that their claims were not moot.

The plaintiffs prevailed because the court found that they had standing to challenge the law and that their claims were not moot.

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