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Case Name Colotl Coyotl v. Kelly IM-GA-0010
Docket / Court 1:17-cv-01670-MHC ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Immigration Enforcement Orders
Attorney Organization ACLU Immigrants' Rights Project
ACLU National (all projects)
Case Summary
On May 9, 2017, a Georgia resident filed this lawsuit in the U.S. District Court for the Northern District of Georgia. In her first amended complaint filed on May 18, 2017, she challenged the U.S. Citizenship and Immigration Services (USCIS)’s arbitrary denial of her Deferred Action for Childhood ... read more >
On May 9, 2017, a Georgia resident filed this lawsuit in the U.S. District Court for the Northern District of Georgia. In her first amended complaint filed on May 18, 2017, she challenged the U.S. Citizenship and Immigration Services (USCIS)’s arbitrary denial of her Deferred Action for Childhood Arrivals (DACA) status renewal application, alleging that it violated the Administrative Procedure Act (APA) and the Due Process Clause of the Fifth Amendment. The plaintiff sought a declaration that the defendants’ decision violated the APA because it was arbitrary and capricious. She also sought to compel the defendants to find that she was eligible for a renewal for her DACA status and to unrevoke and approve her DACA status.

On May 23, 2017, the plaintiff filed a motion for a Temporary Restraining Order and/or a Preliminary Injunction. She sought to temporarily enjoin the revocation of her DACA status pending an eligibility determination that comports with the APA and Due Process Clause.

On June 12, 2017, Judge Mark Cohen preliminarily enjoined USCIS’s decision to terminate the plaintiff’s status under the DACA program as well as the termination of her employment authorization. In addition, the plaintiff’s DACA status was reinstated pending the defendants’ re-adjudication of her renewal application in a manner consistent with DHS’s standard procedures. The defendants then filed a motion for reconsideration of this order, which was denied by Judge Cohen on July 31, 2017.

On August 14, the defendants filed a motion to stay proceedings pending further administrative action because they were in the process of re-adjudicating the plaintiff’s DACA application and staying the case until her application is re-adjudicated would preserve judicial economy. This motion was granted on August 21, 2017.

On October 25, 2017, the defendants filed an emergency motion to dismiss the case, or to dissolve the June 12 Order granting preliminary relief because USCIS has issued a new decision denying the plaintiff’s CADA renewal request after complying with this court’s order.

The plaintiff immediately filed a second amended complaint the next day with similar claims as the first amendment complaint. On November 1, the plaintiff filed a second motion for preliminary injunction as well as an opposition to the defendants’ motion to dissolve. On November 8, 2017, Judge Cohen denied the defendant’s emergency motion to dismiss without prejudice in light of the second amended complaint.

On January 12, 2018, the defendants filed a motion to dismiss or a motion for summary judgment on all claims. Judge Thomas Thrash then stayed proceedings in light of lapse in appropriates of federal funding on January 22.

On May 25, 2018, the parties filed a joints stipulation of settlement to dismiss this case pursuant to their settlement agreement. Under the settlement agreement, USCIS will grant the plaintiff’s May 2017 DACA renewal request, including her application for work authorization, within two business days after execution of this agreement, such that her DACA and employment authorization will be valid from the date of approval through May 9, 2019. USCIS agreed to deter action with respect to the plaintiff until at least May 9, 2019 and to not issue a new Notice of Termination during that time period unless the plaintiff took part in conduct that rendered her unable to continue to meet the DACA guideline. The parties also agreed to bear their own costs and fees. Judge Cohen granted this stipulation and dismissed this case with prejudice.

The case is now closed.

Sichun Liu - 05/12/2019


compress summary

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Issues and Causes of Action
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Issues
Benefit Source
DACA (Deferred Action for Childhood Arrivals)
Constitutional Clause
Due Process
Content of Injunction
Preliminary relief granted
Defendant-type
Law-enforcement
Immigration/Border
Constitutional rights
Deportation - criteria
Deportation - procedure
Type of Facility
Government-run
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Department of Homeland Security
Plaintiff Description Georgia resident who is seeking a DACA status renewal
Indexed Lawyer Organizations ACLU Immigrants' Rights Project
ACLU National (all projects)
Class action status sought No
Class action status granted Moot
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration 2018 - 2019
Filing Year 2017
Case Closing Year 2018
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Implementation of Executive Order 13768, "Enhancing Public Safety in the Interior of the United States
The Washington Post
Date: May 22, 2017
By: Jefferson Sessions (U.S. Department of Justice)
[ Detail ] [ External Link ]

  Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)
dhs.gov
Date: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)
dhs.gov
Date: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Executive Order 13767: Border Security and Immigration Enforcement Improvements
Federal Register
Date: Jan. 27, 2017
By: President Donald Trump (Office of the President)
Citation: 82 Fed. Reg. Presidential Documents 8793 (Jan. 27, 2017)
[ Detail ] [ PDF ]

  Executive Order 13768: Enhancing Public Safety in the Interior of the United States
Federal Register
Date: Jan. 25, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
1:17-cv-1670 (N.D. Ga.)
IM-GA-0010-9000.pdf | Detail
Date: 05/25/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-GA-0010-0004.pdf | Detail
Date: 05/09/2017
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint for Declaratory and Injunctive Relief [with Exhibit 1] [ECF# 8]
IM-GA-0010-0001.pdf | Detail
Date: 05/18/2017
Source: PACER [Public Access to Court Electronic Records]
Reply in Support of Plaintiff's Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction [with Exhibit 2 and Declaration] [ECF# 19]
IM-GA-0010-0002.pdf | Detail
Date: 06/05/2017
Source: PACER [Public Access to Court Electronic Records]
Order [granting preliminary injunction] [ECF# 28] (2017 WL 2889681) (N.D. Ga.)
IM-GA-0010-0003.pdf | WESTLAW | Detail
Date: 06/12/2017
Source: Plaintiffs' counsel
Order [ECF# 43] (N.D. Ga.)
IM-GA-0010-0005.pdf | Detail
Date: 07/31/2017
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 60] (N.D. Ga.)
IM-GA-0010-0006.pdf | Detail
Date: 11/08/2017
Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement [ECF# 73-1]
IM-GA-0010-0007.pdf | Detail
Date: 05/25/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Cohen, Mark Howard (N.D. Ga.) show/hide docs
IM-GA-0010-0003 | IM-GA-0010-0005 | IM-GA-0010-0006 | IM-GA-0010-9000
Plaintiff's Lawyers Claffey, Danielle M. (Georgia) show/hide docs
IM-GA-0010-0001 | IM-GA-0010-0002 | IM-GA-0010-0004 | IM-GA-0010-9000
Eiland, Katrina L. (California) show/hide docs
IM-GA-0010-0001 | IM-GA-0010-0002 | IM-GA-0010-0007 | IM-GA-0010-9000
Gelernt, Lee (New York) show/hide docs
IM-GA-0010-0001 | IM-GA-0010-0002
Kuck, Charles H. (Georgia) show/hide docs
IM-GA-0010-0001 | IM-GA-0010-0002 | IM-GA-0010-0004 | IM-GA-0010-9000
Newell, Jennifer Chang (California) show/hide docs
IM-GA-0010-0001 | IM-GA-0010-0002 | IM-GA-0010-9000
Tan, Michael K. T. (New York) show/hide docs
IM-GA-0010-0001 | IM-GA-0010-0002
Young, Sean J (New York) show/hide docs
IM-GA-0010-0001 | IM-GA-0010-0002
Defendant's Lawyers Robins, Jeffrey S (District of Columbia) show/hide docs
IM-GA-0010-0007 | IM-GA-0010-9000
Walker, James Joseph (District of Columbia) show/hide docs
IM-GA-0010-9000
Wall, Sheetul Sheth (District of Columbia) show/hide docs
IM-GA-0010-9000

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