Case: O.A. v. Trump

1:18-cv-02718 | U.S. District Court for the District of Columbia

Filed Date: Nov. 20, 2018

Closed Date: Dec. 3, 2023

Clearinghouse coding complete

Case Summary

On November 20, 2018, a group of asylum seekers challenged the federal government’s latest asylum policy, which prohibited people who enter the United States along the southern border somewhere other than a designated port of entry from obtaining asylum. Specifically, the plaintiffs challenged an interim final rule promulgated on November 9, 2018, declaring all those subject to a presidential proclamation concerning the southern border ineligible for asylum. The plaintiffs also challenged the "…

On November 20, 2018, a group of asylum seekers challenged the federal government’s latest asylum policy, which prohibited people who enter the United States along the southern border somewhere other than a designated port of entry from obtaining asylum. Specifically, the plaintiffs challenged an interim final rule promulgated on November 9, 2018, declaring all those subject to a presidential proclamation concerning the southern border ineligible for asylum. The plaintiffs also challenged the "Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States,” which then President Trump signed the same day, blocking the entry of all people entering the United States without inspection at the southern border. The plaintiffs alleged violations of the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA), and the William Wilberforce Trafficking Victims Protection Act. Represented by the National Immigrant Justice Center, Human Rights First, and private counsel, they sought declaratory and injunctive relief. The case was filed in the United States District Court for the District of Columbia, and assigned to Magistrate Judge Randolph D. Moss.

The plaintiffs were six non-citizens who entered the United States seeking asylum. Two were a father and daughter who fled Honduras to escape a gang threatening to kill them, fearing the local police would not be willing to protect them. Another fled from Mexico, seeking safety from her gang-affiliated partner, who repeatedly beat her and threatened to kill her. A fourth plaintiff was an unaccompanied minor from Honduras who sought to escape a credible fear of murder from his father—a police officer who abused him—and from a gang that the plaintiff refused to join on moral grounds. Another two plaintiffs were a mother and her son from Honduras seeking asylum to escape the violence and threat of death posed by her husband. None had been granted asylum.

The plaintiffs argued that federal law allowed non-citizens to seek asylum regardless of their immigration status or how they entered the United States. Further, federal law established procedural safeguards that aimed to give asylum seekers a fair review process during removal proceedings. The plaintiffs also argued that under treaty obligations, the United States could not deny asylum on the basis of where the non-citizen entered the country. But the government’s new rule, part of its broader “zero-tolerance” policy on immigration, “shutter[ed] access to the asylum system for thousands of men, women, and children that the Administration concedes are likely to have meritorious asylum claims.” Faced with even longer wait times at the border, the complaint argued, that asylum seekers already in dangerous situations and with scarce financial resources were thus left seriously vulnerable to violence from criminal organizations near the border.

At the same time the complaint was filed, the plaintiffs filed a motion for a temporary restraining order, to be followed by a preliminary injunction enjoining implementation and enforcement of the rule and the proclamation.

The Office of the United Nations High Commissioner for Refugees filed an amicus brief in support of the plaintiffs, as did a group of seven United States senators.

On December 17, 2018, the court held a hearing on the plaintiffs’ motion for a temporary restraining order and preliminary injunction, and consolidated the case with S.M.S.R. v. Trump, designating this case as the lead case. On December 21, the court decided to hold the motion in abeyance.

On December 18, 2018, the S.M.S.R. v. Trump plaintiffs filed an amended complaint listing seven additional asylum seekers as plaintiffs. At the same time, the plaintiffs in this case also filed an amended complaint seeking certification of a class consisting of all persons who had crossed the southern border since November 10, 2018, and had either gone into hiding to avoid detection, presented outside a port of entry and been detained, or presented and been released pending further immigration proceedings.

On December 26, 2018, the defendants filed a motion to stay all briefing deadlines in light of the lapse in appropriations to the Department of Justice caused by the federal government shutdown. The court, however, denied this motion.

On January 4, 2019, the plaintiffs in both cases filed motions for summary judgment and class certification. The defendants filed a cross motion for summary judgment on February 25, 2019. Oral argument on these pending motions was scheduled for May 29, 2019.

On August 2, 2019, the court granted in part the plaintiffs’ summary judgment and class certification motions, denied the defendants’ motion for summary judgment, and denied as moot the plaintiffs’ earlier motion for a temporary restraining order. 404 F.Supp.3d 109. The court held that the rule challenged by the plaintiffs was “unlawful” within the meaning of the Administrative Procedure Act. The court also found both the plaintiffs’ argument for an injunction and the defendants’ argument against the injunction unpersuasive; as a practical matter, it would be impossible to vacate the challenged rule with respect to the organizational plaintiffs without vacating the rule entirely. As such, the court agreed to vacate the rule but declined the plaintiffs’ request to enforce the requested injunction. As to the class certification, the court found that, here, the class certification requirements of numerosity, commonality, typicality, and adequacy of representation were met. All members of the proposed class faced the same potential loss of the right to seek asylum and sought invalidation of the interim final rule.

On September 30, 2019, the defendants appealed the case. Oral argument was held in December 2020. Then, on February 2, 2021, President Biden issued the Executive Order on Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border. The U.S. Court of Appeals for the District of Columbia Circuit issued a per curiam order the following day asking the parties to file supplemental briefs addressing the mootness of the appeal in light of the executive order. A few days after receiving the supplemental briefs, the D.C. Circuit filed another order holding the case in abeyance as the new Biden administration worked to implement its own immigration policies. The administration was instructed to file status reports every 60 days. 

Over the next few months, the Biden administration worked to strengthen the U.S. asylum system and end many Trump-era policies, including Remain in Mexico and Title 42. In October 2023, the U.S. government filed an unopposed motion to voluntarily dismiss the case. This motion was granted, and the district court dismissed the case on December 3, 2023. This case is now closed.

Summary Authors

Virginia Weeks (11/28/2018)

Eva Richardson (5/22/2019)

Bogyung Lim (8/14/2020)

Brillian Bao (12/20/2023)

Related Cases

S.M.S.R. v. Trump, District of Columbia (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8221650/parties/oa-v-trump/


Judge(s)
Attorney for Plaintiff

Appelbaum, Adina Bassim (District of Columbia)

Attorney, Thomas G.

Attorney, Curtis FJ

Attorney for Defendant
Expert/Monitor/Master/Other

Attorney, Robert E.

Attorney, Lawrence J.

Judge(s)

Moss, Randolph Daniel (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:18-cv-02718

Complaint

Nov. 20, 2018

Nov. 20, 2018

Complaint
39

1:18-cv-02718

Amended Class Complaint for Declaratory and Injunctive Relief

Dec. 18, 2018

Dec. 18, 2018

Complaint
40

1:18-cv-02718

Amended Class Action Complaint for Declaratory and Injunctive Relief

Dec. 18, 2018

Dec. 18, 2018

Complaint
92

1:18-cv-02718

18-02838

Memorandum Opinion

Aug. 2, 2019

Aug. 2, 2019

Order/Opinion

404 F.Supp.3d 404

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8221650/oa-v-trump/

Last updated March 16, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against LEE FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER ( Filing fee $ 400, receipt number 4616095599) filed by K.S., G.Z., D.S., O.A., C.A., A.V.. (Attachments: # 1 Civil Cover Sheet)(ztd) (Entered: 11/21/2018)

1 Civil Cover Sheet

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Nov. 20, 2018

Nov. 20, 2018

Clearinghouse

Summons Not Issued

Nov. 20, 2018

Nov. 20, 2018

PACER
2

MOTION to Proceed Under Pseudonym by A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Additional attachment(s) added on 11/21/2018: # 1 List, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Text of Proposed Order) (ztd). (Entered: 11/21/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
3

Memorandum and ORDER re 2 MOTION to Proceed Under Pseudonym filed by O.A., K.S., D.S., G.Z., A.V., C.A.. Signed by Chief Judge Beryl A. Howell on 11/20/18. (ztd) (Entered: 11/21/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
4

SEALED DOCUMENT (Main Document - List) filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration)(ztd) (Entered: 11/21/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER

SUMMONS Not Issued as to LEE FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER (ztd) Modified date filed on 12/3/2018 (ztd).

Nov. 20, 2018

Nov. 20, 2018

PACER
5

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.V., C.A., D.S., G.Z., K.S., O.A. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Text of Proposed Order, # 7 Certificate of Service)(Hentoff, Thomas) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
6

MOTION for Temporary Restraining Order by A.V., C.A., D.S., G.Z., K.S., O.A. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Text of Proposed Order)(Hentoff, Thomas). Added MOTION for Preliminary Injunction on 11/26/2018 (ztd). (Entered: 11/21/2018)

1 Declaration

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2 Declaration

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3 Declaration

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4 Declaration

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5 Declaration

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6 Declaration

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7 Text of Proposed Order

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Nov. 21, 2018

Nov. 21, 2018

RECAP
7

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in this Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 11/21/2018. (lcrdm1, ) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

RECAP
8

Unopposed MOTION for Briefing Schedule by O.A. (Attachments: # 1 Text of Proposed Order)(Oberwetter, Ellen) (Entered: 11/23/2018)

1 Text of Proposed Order

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Nov. 23, 2018

Nov. 23, 2018

PACER

Order on Motion for Briefing Schedule

Nov. 23, 2018

Nov. 23, 2018

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' unopposed motion for briefing schedule, Dkt. 8, it is hereby ORDERED that the motion is GRANTED. Defendants' response shall be filed on or before Friday, December 7, 2018, and Plaintiffs' reply shall be filed on or before Friday, December 14, 2018. It is further ORDERED that the parties shall meet and confer about the date of a hearing on Plaintiffs' TRO motion and shall file proposed dates on or before Friday, November 30, 2018. Signed by Judge Randolph D. Moss on 11/23/2018. (lcrdm1, )

Nov. 23, 2018

Nov. 23, 2018

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Sealed Motion for Leave to File Document Under Seal, Dkt. 5, it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 11/25/2018. (lcrdm1, )

Nov. 25, 2018

Nov. 25, 2018

PACER

Order on Sealed Motion for Leave to File Document Under Seal

Nov. 25, 2018

Nov. 25, 2018

PACER

Set/Reset Deadlines: Defendants' response shall be filed on or before 12/7/2018: Plaintiffs' reply shall be filed on or before 12/14/2018; Joint proposed dates regarding hearing on TRO motion due by 11/30/2018. (kt)

Nov. 26, 2018

Nov. 26, 2018

PACER

Set/Reset Deadlines

Nov. 26, 2018

Nov. 26, 2018

PACER
9

REQUEST FOR SUMMONS TO ISSUE filed by K.S., G.Z., D.S., O.A., C.A., A.V..(Hentoff, Thomas) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
10

SUMMONS (5) Issued Electronically as to LEE FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER. (ztd) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
11

RESPONSE TO ORDER OF THE COURT re Order on Motion for Briefing Schedule,, Plaintiffs' Submission in Response to Court's November 23, 2018 Minute Order Regarding Proposed TRO Hearing Dates filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (Hentoff, Thomas) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER

Order

Nov. 30, 2018

Nov. 30, 2018

PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 11/30/2018 (Hentoff, Thomas) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KRISTJEN M. NIELSEN served on 11/30/2018 (Hentoff, Thomas) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LEE FRANCIS CISSNA served on 11/30/2018 (Hentoff, Thomas) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN LAFFERTY served on 11/30/2018 (Hentoff, Thomas) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
16

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/30/2018. (Hentoff, Thomas) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' submission, Dkt. 11, it is hereby ORDERED that the parties shall appear for a hearing on Plaintiffs' TRO motion on Monday, December 17, 2018, at 10:00 a.m. in Courtroom 21. It is further ORDERED that the date previously set for Plaintiffs to file their reply brief is VACATED, and Plaintiffs shall now file their reply brief on or before Wednesday, December 12, 2018. Signed by Judge Randolph D. Moss on 11/30/2018. (lcrdm1, )

Nov. 30, 2018

Nov. 30, 2018

PACER

Set/Reset Deadlines/Hearings: Motion Hearing re: 6 Motion for Temporary Restraining Order set for 12/17/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. Plaintiff's reply brief due by 12/12/2018. (kt)

Dec. 3, 2018

Dec. 3, 2018

PACER

Set/Reset Deadlines/Hearings

Dec. 3, 2018

Dec. 3, 2018

PACER
17

NOTICE of Appearance by Thomas Benton York on behalf of All Defendants (York, Thomas) (Main Document 17 replaced on 12/7/2018) (ztd). (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
18

NOTICE of Appearance by Patrick William Pearsall on behalf of OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (Pearsall, Patrick) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
19

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Vaishalee V. Yeldandi, :Firm- Jenner & Block LLP, :Address- 353 N. Clark Street, Chicago, IL 60654. Phone No. - 312-840-7378. Fax No. - 312-527-0484 Filing fee $ 100, receipt number 0090-5826292. Fee Status: Fee Paid. by OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Pearsall, Patrick) (Entered: 12/06/2018)

1 Declaration

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2 Text of Proposed Order

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Dec. 6, 2018

Dec. 6, 2018

PACER
20

Unopposed MOTION for Leave to File Brief as Amicus Curiae by OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (Attachments: # 1 Amicus Brief, # 2 Text of Proposed Order)(Pearsall, Patrick) (Entered: 12/06/2018)

1 Amicus Brief

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2 Text of Proposed Order

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Dec. 6, 2018

Dec. 6, 2018

PACER

MINUTE ORDER: Upon consideration of the unopposed motion of the Office of the United Nations High Commissioner for Refugees for leave to file brief as amicus curiae, Dkt. 20, the motion is hereby GRANTED. The brief, Dkt. [20-1], shall be deemed FILED. Signed by Judge Randolph D. Moss on 12/7/2018. (lcrdm1, )

Dec. 7, 2018

Dec. 7, 2018

PACER

Order on Motion for Leave to File

Dec. 7, 2018

Dec. 7, 2018

PACER

MINUTE ORDER: Upon consideration of the motion for leave to appear pro hac vice, Dkt. 19, it is hereby ORDERED that the motion is GRANTED. Vaishalee V. Yeldandi is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 12/7/2018. (lcrdm1, )

Dec. 7, 2018

Dec. 7, 2018

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 7, 2018

Dec. 7, 2018

PACER
21

AMICUS BRIEF by OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES. (ztd) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

RECAP
22

Memorandum in opposition to re 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by L. FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Declaration, # 8 Declaration, # 9 Declaration, # 10 Text of Proposed Order)(Reuveni, Erez) (Entered: 12/07/2018)

1 Declaration

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2 Declaration

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3 Declaration

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4 Declaration

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5 Declaration

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6 Declaration

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7 Declaration

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8 Declaration

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9 Declaration

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10 Text of Proposed Order

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Dec. 7, 2018

Dec. 7, 2018

PACER
23

REPLY to opposition to motion re 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (Hentoff, Thomas) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

RECAP
24

MOTION for Leave to File Brief as Amici Curiae by PATRICK J. LEAHY, RON WYDEN, SHELDON WHITEHOUSE, RICHARD BLUMENTHAL, JEFF MERKLEY, CORY BOOKER, KAMALA D. HARRIS (Attachments: # 1 Amicus Brief, # 2 Text of Proposed Order)(Manning, Susan); Modified text on 12/14/2018 (tth). (Entered: 12/13/2018)

1 Amicus Brief

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2 Text of Proposed Order

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Dec. 13, 2018

Dec. 13, 2018

PACER
25

NOTICE of Appearance by Susan Baker Manning on behalf of PATRICK J. LEAHY (Manning, Susan); Modified text on 12/14/2018 (ztth). (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER

Order on Motion for Leave to File

Dec. 14, 2018

Dec. 14, 2018

PACER

MINUTE ORDER: Upon consideration of the unopposed motion of Senators Patrick J. Leahy, Ron Wyden, Sheldon Whitehouse, Richard Blumenthal, Jeff Merkley, Cory Booker, and Kamala D. Harris for leave to file brief as amicus curiae, Dkt. 24, the motion is hereby GRANTED. The brief, Dkt. [24-1], shall be deemed FILED. Signed by Judge Randolph D. Moss on 12/14/2018. (lcrdm1, )

Dec. 14, 2018

Dec. 14, 2018

PACER
26

NOTICE of Appearance by Susan Baker Manning on behalf of RICHARD BLUMENTHAL, CORY BOOKER, KAMALA D. HARRIS, JEFF MERKLEY, SHELDON WHITEHOUSE, RON WYDEN (Manning, Susan) Modified text to correct spelling on 12/14/2018 (ztd). (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
27

NOTICE of Appearance by Scott Grant Stewart on behalf of All Defendants (Stewart, Scott) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
34

AMICUS BRIEF by RICHARD BLUMENTHAL, CORY BOOKER, KAMALA D. HARRIS, PATICK J. LEAHY, JEFF MERKLEY, SHELDON WHITEHOUSE, RON WYDEN. (ztd) (Entered: 12/17/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
28

NOTICE of Certification Pursuant to LCvR 83.2(g) -- Eleni Rebecca Bakst by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
29

NOTICE of Certification Pursuant to LCvR 83.2(g) -- Gianna Borroto by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
30

NOTICE of Certification Pursuant to LCvR 83.2(g) -- Matthew D. Heins by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
31

NOTICE of Certification Pursuant to LCvR 83.2(g) -- Anwen Hughes by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
32

NOTICE of Certification Pursuant to LCvR 83.2(g) -- Charles George Roth by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
33

NOTICE of Appearance by Christina Greer on behalf of L. FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER (Greer, Christina) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER

Motion Hearing

Dec. 17, 2018

Dec. 17, 2018

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 12/17/2018 re: 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by O.A., K.S., D.S., G.Z., A.V., C.A. The 6 Motion is HELD IN ABEYANCE. The Court ORDERS that this case and case no. 18cv2838 be CONSOLIDATED, with this case being designated as the lead case. The parties shall meet and confer as to a proposed schedule going forward. Plaintiffs to file an Amended Complaint by end of day on 12/18/2018. (Court Reporter: Jeff Hook.) (kt)

Dec. 17, 2018

Dec. 17, 2018

PACER

Order

Dec. 17, 2018

Dec. 17, 2018

PACER

MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference at 10:00 a.m. on Friday, December 21, 2018, in Courtroom 21 to discuss further proceedings in this matter. Signed by Judge Randolph D. Moss on 12/17/2018. (lcrdm1, )

Dec. 17, 2018

Dec. 17, 2018

PACER

Set/Reset Hearings: Status Conference set for 12/21/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

Dec. 18, 2018

Dec. 18, 2018

PACER

Set/Reset Hearings

Dec. 18, 2018

Dec. 18, 2018

PACER
35

NOTICE of Appearance by Ana C. Reyes on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (Reyes, Ana) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER

Order on Sealed Motion for Leave to File Document Under Seal

Dec. 18, 2018

Dec. 18, 2018

PACER
36

NOTICE of filing of Plaintiffs' notices of appearance and order of expedited removal by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER (Reuveni, Erez) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

RECAP
37

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Form I-860 Order of Expedited Removal, # 2 Exhibit Form I-213 Record of Removable Alien, # 3 Exhibit Notice to Appear, # 4 Exhibit Notice to Appear, # 5 Exhibit Notice to Appear, # 6 Exhibit Notice to Appear, # 7 Exhibit Notice to Appear, # 8 Exhibit Notice to Appear, # 9 Exhibit Notice to Appear, # 10 Exhibit Additional Hearing Notices)(Reuveni, Erez) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER
38

ENTERED IN ERROR. . . . .NOTICE of Certification Pursuant to LCvR 83.2(g) -- Vanessa O. Omoroghomwan by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) Modified on 12/19/2018 (ztd). (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER

MINUTE ORDER: Upon consideration of Defendants' sealed motion for leave to file under seal, Dkt. 37, the motion is hereby GRANTED. Signed by Judge Randolph D. Moss on 12/18/2018. (lcrdm1, )

Dec. 18, 2018

Dec. 18, 2018

PACER
39

AMENDED COMPLAINT against All Defendants filed by R.S.P.S., S.M.S.R., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, S.M.S.R., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., R.S.P.S..Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Bernick, Justin) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

Clearinghouse
40

AMENDED COMPLAINT against L. FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER filed by G.Z., O.A., K.S., D.S., C.A., A.V..(Hentoff, Thomas) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

Clearinghouse
44

SEALED DOCUMENT filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER. (This document is SEALED and only available to authorized persons.)(ztd) (Entered: 12/19/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER

NOTICE OF ERROR re 38 Notice (Other); emailed to thentoff@wc.com, cc'd 25 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. Each attorney must use their own CMECF password to electronically file. (ztd, )

Dec. 19, 2018

Dec. 19, 2018

PACER

Notice of QC

Dec. 19, 2018

Dec. 19, 2018

PACER
41

TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on December 17, 2018. Page Numbers: 1 - 155. Date of Issuance: December 19, 2018. Court Reporter: Jeff Hook. Contact Information: 202-354-3373 / jeff_hook@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/9/2019. Redacted Transcript Deadline set for 1/19/2019. Release of Transcript Restriction set for 3/19/2019.(Hook, Jeff) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER
42

REQUEST FOR SUMMONS TO ISSUE filed by G.Z., O.A., K.S., D.S., C.A., A.V..(Hentoff, Thomas) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER
43

SUMMONS (1) Issued Electronically for Amended Complaint as to U.S. Attorney (ztd) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER
45

NOTICE of Appearance by Mary Beth Hickcox-Howard on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (Hickcox-Howard, Mary Beth) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 12/21/2018. The 6 Motion for Temporary Restraining Order and Preliminary Injunction are HELD IN ABEYANCE. The parties may file supplemental briefs/additional motions on or before 12/28/2018; Opposition briefs due 1/11/2019; Replies due by 1/17/2019. If there are any other developments, the parties shall confer and file a joint status report. (Court Reporter: Jeff Hook.) (kt)

Dec. 21, 2018

Dec. 21, 2018

PACER

Status Conference

Dec. 21, 2018

Dec. 21, 2018

PACER

MINUTE ORDER: In light of the telephone conference with the parties on December 21, 2018, the following schedule shall govern further proceedings in this case: (1) Plaintiffs shall file their combined motions for summary judgment and motions with respect to class certification on or before January 4, 2019 (limited to 30 pages for each Plaintiff group); (2) Defendants shall file their combined opposition to Plaintiffs' motions and and their cross-motion on or before January 18, 2019 (limited to 60 pages); (3) Plaintiffs shall file their combined opposition to Defendants' cross-motion and reply on or before February 1, 2019 (limited to 30 pages for each Plaintiff group); and (4) Defendants shall file their final reply in support of their cross-motion on or before February 8, 2019 (limited to 30 pages). Defendants shall promptly provide Plaintiffs with a copy of the administrative record, and shall file a certified copy of the administrative record with the Court on or before January 4, 2019. Signed by Judge Randolph D. Moss on 12/21/2018. (lcrdm1, ) Modified on 12/26/2018 to correct date/year for one of the deadlines (kt).

Dec. 21, 2018

Dec. 21, 2018

PACER

Order

Dec. 21, 2018

Dec. 21, 2018

PACER

Set/Reset Deadlines: Plaintiffs shall file their combined motions for summary judgment and motions with respect to class certification on or before 1/4/2019; Defendants shall file their combined opposition to Plaintiffs' motions and and their cross-motion on or before 1/18/2019; Plaintiffs shall file their combined opposition to Defendants' cross-motion and reply on or before 2/1/2019; Defendants shall file their final reply in support of their cross-motion on or before 2/8/2019; Defendants certified copy of the administrative record due on or before 1/4/2019. (kt)

Dec. 26, 2018

Dec. 26, 2018

PACER

Set/Reset Deadlines

Dec. 26, 2018

Dec. 26, 2018

PACER
46

MOTION to Stay by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER (Attachments: # 1 Text of Proposed Order)(Reuveni, Erez) (Entered: 12/26/2018)

1 Text of Proposed Order

View on PACER

Dec. 26, 2018

Dec. 26, 2018

RECAP

MINUTE ORDER: Upon consideration of Defendants' Motion to Stay, Dkt. 46, it is hereby ordered that the motion is GRANTED in part and DENIED in part. The motion is GRANTED with respect to Defendants' request to stay production of the certified administrative record, on the understanding that the record will be identical to that produced in the East Bay litigation. With respect to Defendants' request to stay current briefing deadlines, the motion is DENIED. Although the Court is mindful of the current lapse in appropriations, where there is "some reasonable and articulable connection between the function to be performed and the safety of human life or the protection of property," government functions may continue. 43 Op. Att'y Gen. 293 (January 16, 1981). Plaintiffs allege that this is just such a case. The Court further notes that, according to government reports, 48% of employees from the Executive Office for Immigration Review are excepted "to process all immigration cases and appeals involving detained aliens," U.S. Department of Justice FY 2019 Contingency Plan at 5; see also id. at 12, and approximately 91% of Customs and Border Protection employees and 81% of Immigration and Customs Enforcement employees will be retained during a lapse in appropriations. See U.S. Department of Homeland Security, Procedures Relating to a Lapse in Appropriations, at 35-37 (Dec. 17, 2018). Signed by Judge Randolph D. Moss on 12/27/2018. (lcrdm1, )

Dec. 27, 2018

Dec. 27, 2018

PACER

Order on Motion to Stay

Dec. 27, 2018

Dec. 27, 2018

PACER
47

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Adina Appelbaum, :Firm- CAIR Coalition, :Address- 1612 K Street NW Suite 204, Washington, DC 20006. Phone No. - 202-899-1412. Fax No. - 202-331-3341 Filing fee $ 100, receipt number 0090-5866257. Fee Status: Fee Paid. by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, R.S.P.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., S.M.S.R. (Attachments: # 1 Declaration of Adina Appelbaum)(Welborn, Kaitlin) (Entered: 01/02/2019)

1 Declaration of Adina Appelbaum

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Jan. 2, 2019

Jan. 2, 2019

RECAP
48

NOTICE of Voluntary Dismissal re Z.A.G.G. & D.A.L.G. (Bernick, Justin) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

RECAP

MINUTE ORDER: Upon consideration of the motion for leave to appear pro hac vice, Dkt. 47, it is hereby ORDERED that the motion is GRANTED. Adina Appelbaum is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 1/3/2019. (lcrdm1, )

Jan. 3, 2019

Jan. 3, 2019

PACER

MINUTE ORDER: Upon consideration of the notice of voluntary dismissal, Dkt. 48, it is hereby ORDERED that Plaintiffs Z.A.G.G. and D.A.L.G. are dismissed from this matter without prejudice. Signed by Judge Randolph D. Moss on 1/4/2019. (lcrdm1, )

Jan. 4, 2019

Jan. 4, 2019

PACER
49

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/28/2018. Answer due for ALL FEDERAL DEFENDANTS by 2/26/2019. (Heins, Matthew) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

RECAP
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SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.V., C.A., D.S., G.Z., K.S., O.A. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration of Plaintiff OA (Original), # 2 Declaration of Plaintiff OA (Supplemental), # 3 Declaration of Plaintiff AV (Original), # 4 Declaration of Plaintiff AV (Supplemental), # 5 Declaration of Plaintiff GZ (Original), # 6 Declaration of Plaintiff GZ (Supplemental), # 7 Declaration of Plaintiff DS (Original), # 8 Declaration of Plaintiff DS (Supplemental), # 9 Declaration of Plaintiff DR, # 10 Declaration of Plaintiff PR, # 11 Declaration of Plaintiff GR, # 12 Text of Proposed Order Granting Motion to File Under Seal)(Hentoff, Thomas) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER
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MOTION to Certify Class, MOTION for Summary Judgment by A.V., C.A., D.S., G.Z., K.S., O.A. (Attachments: # 1 Statement of Facts, # 2 Declaration of Plaintiff OA (Redacted Original), # 3 Declaration of Plaintiff OA (Redacted Supplemental), # 4 Declaration of Plaintiff AV (Redacted Original), # 5 Declaration of Plaintiff AV (Redacted Supplemental), # 6 Declaration of Plaintiff GZ (Redacted Original), # 7 Declaration of Plaintiff GZ (Redacted Supplemental), # 8 Declaration of Plaintiff DS (Redacted Original), # 9 Declaration of Plaintiff DS (Redacted Supplemental), # 10 Declaration of Plaintiff DR, # 11 Declaration of Plaintiff PR, # 12 Declaration of Plaintiff GR, # 13 Declaration of Ana C. Reyes, # 14 Declaration of Hardy Vieux, # 15 Declaration of Charles G. Roth, # 16 Text of Proposed Order Granting Class Certification and Summary Judgment)(Hentoff, Thomas) (Entered: 01/04/2019)

1 Statement of Facts

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2 Declaration of Plaintiff OA (Redacted Original)

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3 Declaration of Plaintiff OA (Redacted Supplemental)

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4 Declaration of Plaintiff AV (Redacted Original)

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5 Declaration of Plaintiff AV (Redacted Supplemental)

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6 Declaration of Plaintiff GZ (Redacted Original)

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7 Declaration of Plaintiff GZ (Redacted Supplemental)

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8 Declaration of Plaintiff DS (Redacted Original)

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9 Declaration of Plaintiff DS (Redacted Supplemental)

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10 Declaration of Plaintiff DR

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11 Declaration of Plaintiff PR

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12 Declaration of Plaintiff GR

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13 Declaration of Ana C. Reyes

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14 Declaration of Hardy Vieux

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15 Declaration of Charles G. Roth

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16 Text of Proposed Order Granting Class Certification and Summary Judgment

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Jan. 4, 2019

Jan. 4, 2019

PACER
52

MOTION to Certify Class, MOTION for Summary Judgment by A.J.A.C., A.J.E.A.M., C.S.C.C., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, K.P.P.V., L.C.V.R, N.A.G.A., R.D.P.V., R.G.G., R.S.P.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., S.M.S.R., Y.A.L.P. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Decl. of LCVR, # 4 Declaration Decl. of RGG, # 5 Declaration Decl. of AJAC, # 6 Declaration Decl. of KPPV, # 7 Declaration Decl. of YALP, # 8 Declaration Decl. of K. Welborn, # 9 Declaration Decl. of J. Bernick, # 10 Declaration Decl. of M. Govindaiah, # 11 Declaration Decl. of A. Appelbaum, # 12 Declaration Decl. of S. Fluharty, # 13 Text of Proposed Order, # 14 Certificate of Service)(Bernick, Justin) (Entered: 01/04/2019)

1 Memorandum in Support

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2 Statement of Facts

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3 Declaration Decl. of LCVR

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4 Declaration Decl. of RGG

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5 Declaration Decl. of AJAC

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6 Declaration Decl. of KPPV

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7 Declaration Decl. of YALP

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8 Declaration Decl. of K. Welborn

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9 Declaration Decl. of J. Bernick

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10 Declaration Decl. of M. Govindaiah

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11 Declaration Decl. of A. Appelbaum

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12 Declaration Decl. of S. Fluharty

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13 Text of Proposed Order

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14 Certificate of Service

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Jan. 4, 2019

Jan. 4, 2019

PACER
53

NOTICE of Appearance pursuant to 83.2(g) by Matthew D. Heins on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

Jan. 4, 2019

Jan. 4, 2019

RECAP
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NOTICE of Appearance pursuant to 83.2(g) by Ruben Loyo on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

Jan. 4, 2019

Jan. 4, 2019

RECAP
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NOTICE of Appearance pursuant to 83.2(g) by Vanessa O. Omoroghomwan on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

Jan. 4, 2019

Jan. 4, 2019

RECAP
56

NOTICE of Appearance pursuant to 83.2(g) by Charles L. Mccloud on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

Jan. 4, 2019

Jan. 4, 2019

RECAP
57

NOTICE of Appearance pursuant to 83.2(g) by Gianna Borroto on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

Jan. 4, 2019

Jan. 4, 2019

RECAP
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NOTICE of Appearance pursuant to 83.2(g) by Anwen Hughes on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

Jan. 4, 2019

Jan. 4, 2019

RECAP
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NOTICE of Appearance pursuant to 83.2(g) by Eleni R. Bakst on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

Jan. 4, 2019

Jan. 4, 2019

RECAP
60

NOTICE of Appearance pursuant to 83.2(g) by Charles G. Roth on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

Jan. 4, 2019

Jan. 4, 2019

RECAP

NOTICE of Hearing: Telephone Conference set for 1/7/2019, at 4:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

Jan. 7, 2019

Jan. 7, 2019

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 1/7/2019. Defendants shall provide immediate notice to this Court if the stay in the 9th Circuit is lifted or modified in any way, as well as if it files anything in another court related to this issue. Defendants shall also provide notice regarding expending appropriated funds with respect to the rule-making process. Defendants' 46 Motion to Stay is GRANTED, for the reasons stated on the record. (Court Reporter: Jeff Hook.) (kt)

Jan. 7, 2019

Jan. 7, 2019

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 20, 2018

Closing Date: Dec. 3, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Six non-citizens seeking asylum in the U.S., representing themselves and a class of asylum seekers.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Human Rights First

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Homeland Security (- United States (national) -), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

International law

Discrimination-basis:

Immigration status

National origin discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Border police

Border wall

Refugees

National Origin/Ethnicity:

Hispanic