Case: Bhattarai v. Nielsen

3:19-cv-00731 | U.S. District Court for the Northern District of California

Filed Date: Feb. 10, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 10, 2019, a group of beneficiaries of Temporary Protected Status (“TPS”) from Honduras and Nepal and their U.S.-citizen children filed this class action in the U.S. District Court for the Northern District of California. The plaintiffs, represented by the ACLU Foundation of Southern California, the National Day Laborer Organizing Network, Asian Americans Advancing Justice, and private attorneys, sued the Department of Homeland Security (“DHS”), seeking declaratory and injunctive rel…

On February 10, 2019, a group of beneficiaries of Temporary Protected Status (“TPS”) from Honduras and Nepal and their U.S.-citizen children filed this class action in the U.S. District Court for the Northern District of California. The plaintiffs, represented by the ACLU Foundation of Southern California, the National Day Laborer Organizing Network, Asian Americans Advancing Justice, and private attorneys, sued the Department of Homeland Security (“DHS”), seeking declaratory and injunctive relief, as well as attorneys’ fees and costs. The plaintiffs challenged the Trump Administration’s recent decisions to terminate the TPS designations for Honduras and Nepal, alleging that the decisions violated the APA as well as equal protection and due process under the Fifth Amendment.

The plaintiffs pointed to another recent lawsuit challenging the Administration’s decisions to terminate TPS (in that case for El Salvador, Haiti, Nicaragua, and Sudan), where this District Court issued a preliminary injunction halting the terminations. The plaintiffs claimed that the same defects in the terminations at issue in that case, Ramos v. Nielsen (located here in this Clearinghouse), existed here. The case was originally assigned to Judge Jon Tigar, but was later reassigned to Judge Edward Chen after this case was related to Ramos v. Nielsen.

TPS is a form of humanitarian immigration relief that permits individuals from TPS-designated countries to lawfully live and work in the U.S. when they cannot safely return to their country of origin due to an exceptional circumstance, such as armed conflict or a natural disaster. The complaint stated that more than 100,000 individuals from Honduras and Nepal currently have TPS, most of them having lived in the U.S. for the majority of their lives. Many are also the parents of U.S.-citizen children, who would be faced with the choice of being separated from their families or leaving the only home they had ever known if their parents lost TPS. The minor plaintiffs sought to represent the following nationwide class: U.S.-citizen children, from ages five to eighteen, of all TPS holders from Honduras and Nepal.

The complaint explained that typically, when DHS was considering whether to terminate a country’s TPS designation, it would consider all of the conditions in that country, including the impact of crises or exceptional circumstances that occurred after the country’s original TPS designation. The plaintiffs then alleged that since President Trump took office, DHS, without any formal announcement, explanation, or acknowledgment of a departure from past practice, adopted a new interpretation of the TPS statute that no longer considers intervening country conditions. The plaintiffs claimed that this new interpretation and subsequent decisions to terminate TPS designations for certain countries were motivated by racial animus, highlighting President Trump’s various past statements denigrating non-white, non-European immigrants.

On March 12, 2019, the parties jointly stipulated to a stay of the proceedings in this case pending final resolution of the defendants’ appeal of the preliminary injunction in Ramos. Judge Chen granted the stipulation, finding that the “interests of justice and judicial economy would be served by treating the decisions terminating TPS for Honduras and Nepal similarly to the decisions at issue in Ramos during the pendency of the Ramos appeal.” The defendants agreed to abstain from implementing their decisions to terminate TPS for Nepal and Honduras pending the resolution of that appeal.

The Ninth Circuit heard oral argument on August 14, 2019. The Ninth Circuit vacated the injunction in Ramos on September 14, 2020. 975 F.3d 872., but the appellate court has yet to issue a directive to the district court to make the decision effective. On December 9, 2020, DHS published a notice extending TPS for Honduras and Nepal through October 4, 2021 As of March 16, 2021, the injunction remains in effect, and the defendants still may not terminate TPS for Nepal and Honduras. The case is ongoing.

Summary Authors

Sam Kulhanek (4/22/2020)

Emily Kempa (3/16/2021)

Related Cases

Ramos v. Nielsen, Northern District of California (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14589912/parties/bhattarai-v-nielsen/


Judge(s)

Chen, Edward Milton (California)

Attorney for Plaintiff

Arulanantham, Ahilan T (California)

Bansal, Jessica Karp (California)

Bansal, Jessica Karp (California)

Attorney for Defendant

Avallone, Zachary Anthony (California)

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Documents in the Clearinghouse

Document

3:19-cv-00731

Docket [PACER]

Oct. 31, 2019

Oct. 31, 2019

Docket
1

3:19-cv-00731

Class Action Complaint

Feb. 10, 2019

Feb. 10, 2019

Complaint
22

3:19-cv-00731

Stipulation to Stay Proceedings

March 12, 2019

March 12, 2019

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14589912/bhattarai-v-nielsen/

Last updated Feb. 18, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT against All Defendants, (Filing Fee: $400.00, receipt number 0971-13080047). Filed by Sajjan Pandey, S.S. (a minor), Sumnima Thapa, Sorayda Rodriguez Motino, G.D.P. (a minor), Donaldo Posadas Caceres, Denis Molina Chavez, Keshav Bhattarai. (Attachments: #(1) Civil Cover Sheet)(Degen, Alycia) (Filed on 2/10/2019) Modified on 2/12/2019 (tnS, COURT STAFF). (Entered: 02/10/2019)

1 Civil Cover Sheet

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Feb. 10, 2019

Feb. 10, 2019

RECAP
6

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-13083844) filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Attachments: #(1) Certificate of Good Standing)(Leaman, Kimberly) (Filed on 2/11/2019) (Entered: 02/11/2019)

1 Certificate of Good Standing

View on PACER

Feb. 11, 2019

Feb. 11, 2019

PACER
5

NOTICE filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa of NOTICE OF PENDENCY OF OTHER ACTIONS (Degen, Alycia) (Filed on 2/11/2019) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
4

Certification of Interested Entities or Persons Pursuant to Civil Local Rule 3-15 filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa (Degen, Alycia) (Filed on 2/11/2019) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

RECAP
3

Proposed Summons. (Degen, Alycia) (Filed on 2/11/2019) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

RECAP
2

Case assigned to Judge Jon S. Tigar. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (jjbS, COURT STAFF) (Filed on 2/11/2019) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
8

Summons Issued as to Defendants Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security & United States of America. (tnS, COURT STAFF) (Filed on 2/12/2019) (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER
7

Initial Case Management Scheduling Order with ADR Deadlines: This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras Joint Case Management Statement due by 5/8/2019. Initial Case Management Conference set for 5/15/2019 at 2:00 PM in San Francisco, Courtroom 09, 19th Floor. (Attachments: #(1) Standing Order for All Civil Cases Before District Judge Jon S. Tigar, #(2) Standing Order for All Judges, #(3) Notice of Eligibility for Video Recording) (tnS, COURT STAFF) (Filed on 2/12/2019) (Entered: 02/12/2019)

1 Standing Order for All Civil Cases Before District Judge Jon S. Tigar

View on PACER

2 Standing Order for All Judges

View on PACER

3 Notice of Eligibility for Video Recording

View on PACER

Feb. 12, 2019

Feb. 12, 2019

PACER
11

ORDER by Judge Jon S. Tigar granting 6 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 2/14/2019) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
10

ORDER by Judge Jon S. Tigar granting 9 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 2/14/2019) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
9

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-13093553) filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Attachments: #(1) Certificate of Good Standing)(Domino, Tyler) (Filed on 2/14/2019) (Entered: 02/14/2019)

1 Certificate of Good Standing

View on PACER

Feb. 14, 2019

Feb. 14, 2019

PACER
13

ORDER by Judge Jon S. Tigar granting 12 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
12

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-13102134) filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Attachments: #(1) Certificate of Good Standing)(Guo, Ava) (Filed on 2/19/2019) (Entered: 02/19/2019)

1 Certificate of Good Standing

View on PACER

Feb. 19, 2019

Feb. 19, 2019

PACER
15

Case reassigned to Judge Edward M. Chen. Judge Jon S. Tigar no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras (srnS, COURT STAFF) (Filed on 2/26/2019) (Entered: 02/26/2019)

Feb. 26, 2019

Feb. 26, 2019

PACER
14

RELATED CASE ORDER. Related to: 18-cv-01554-EMC, Ramos v. Nielsen. Signed by Judge Edward M. Chen on 2/25/2019. (afmS, COURT STAFF) (Filed on 2/26/2019) (Entered: 02/26/2019)

Feb. 26, 2019

Feb. 26, 2019

PACER
16

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13129042.) filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Attachments: # 1 Certificate of Good Standing)(Weerasingha-Cote, Tami) (Filed on 2/27/2019) (Entered: 02/27/2019)

1 Certificate of Good Standing

View on PACER

Feb. 27, 2019

Feb. 27, 2019

PACER
17

Order by Judge Edward M. Chen granting 16 Motion for Pro Hac Vice.(afmS, COURT STAFF) (Filed on 3/1/2019) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
19

Joint Discovery Letter Brief filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Degen, Alycia) (Filed on 3/4/2019) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
18

NOTICE of Appearance by Adam Kirschner (Kirschner, Adam) (Filed on 3/4/2019) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
20

ORDER by Judge Edward M. Chen Re 19 Joint Discovery Letter of March 4, 2019. (emcsec, COURT STAFF) (Filed on 3/5/2019) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
21

MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13152110.) filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Dugan, Jon) (Filed on 3/7/2019) Modified on 3/8/2019 (aaaS, COURT STAFF). (Entered: 03/07/2019)

1 Certificate/Proof of Service Certificate of Good Standing

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March 7, 2019

March 7, 2019

RECAP
24

Order by Judge Edward M. Chen granting 21 Motion for Pro Hac Vice.(afmS, COURT STAFF) (Filed on 3/12/2019) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

RECAP
23

Order by Judge Edward M. Chen granting 22 Stipulation to Stay Proceedings.(afmS, COURT STAFF) (Filed on 3/12/2019) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

RECAP
22

STIPULATION WITH PROPOSED ORDER to Stay Proceedings filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Degen, Alycia) (Filed on 3/12/2019) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

PACER
25

NOTICE of Change In Counsel by Jon Dugan (Attachments: # 1 Proposed Order)(Dugan, Jon) (Filed on 6/13/2019) (Entered: 06/13/2019)

1 Proposed Order

View on PACER

June 13, 2019

June 13, 2019

PACER
26

NOTICE of Change In Counsel by Tyler J. Domino (Attachments: # 1 Proposed Order)(Domino, Tyler) (Filed on 7/31/2019) (Entered: 07/31/2019)

1 Proposed Order

View on PACER

July 31, 2019

July 31, 2019

PACER
27

Transcript of Proceedings held on August 2, 2018, before Judge Sallie Kim. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (152 in 3:18-cv-01554-EMC) Transcript Order, ) Redaction Request due 9/25/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/3/2019. (Columbini, Joan) (Filed on 9/4/2019) (Entered: 09/04/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER
28

First MOTION to Withdraw as Attorney filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. Responses due by 9/20/2019. Replies due by 9/27/2019. (Lapinig, Christopher) (Filed on 9/6/2019) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
29

Order by Judge Edward M. Chen granting 28 Motion to Withdraw as Attorney..(afmS, COURT STAFF) (Filed on 9/6/2019) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
30

MOTION to Withdraw as Attorney filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. Responses due by 9/27/2019. Replies due by 10/4/2019. (Attachments: # 1 Proposed Order)(Weerasingha-Cote, Tami) (Filed on 9/13/2019) (Entered: 09/13/2019)

1 Proposed Order

View on PACER

Sept. 13, 2019

Sept. 13, 2019

PACER
31

Order by Judge Edward M. Chen granting 30 Motion to Withdraw as Attorney. (afmS, COURT STAFF) (Filed on 9/14/2019) (Entered: 09/14/2019)

Sept. 14, 2019

Sept. 14, 2019

PACER
32

NOTICE of Withdrawal of Attorney filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. Responses due by 10/3/2019. Replies due by 10/10/2019. (MacLean, Emilou) (Filed on 9/19/2019) Modified on 9/19/2019 (slhS, COURT STAFF). (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER

Electronic Filing Error

Sept. 19, 2019

Sept. 19, 2019

PACER

Electronic filing error Re: 32 MOTION to Withdraw as Attorney filed by G.D.P. (a minor), Donaldo Posadas Caceres, Keshav Bhattarai, Sorayda Rodriguez Motino, Denis M olina Chavez, Sumnima Thapa, S.S. (a minor), Sajjan Pandey. Incorrect event used. [err101] Corrected by Clerk's Office. No further action is necessary. (slhS, COURT STAFF) (Filed on 9/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
33

MOTION to Withdraw as Attorney filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. Motion Hearing set for 12/3/2019 01:00 PM before Judge Edward M. Chen. Responses due by 11/14/2019. Replies due by 11/21/2019. (Attachments: # 1 Proposed Order)(Hoq, Laboni) (Filed on 10/31/2019) (Entered: 10/31/2019)

1 Proposed Order

View on PACER

Oct. 31, 2019

Oct. 31, 2019

PACER
34

Order by Judge Edward M. Chen granting 33 Motion to Withdraw as Attorney. Attorney Laboni A. Hoq terminated. (afmS, COURT STAFF) (Filed on 10/31/2019) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
35

NOTICE of Change of Address by Jessica Karp Bansal (Bansal, Jessica) (Filed on 3/15/2022) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

RECAP
36

NOTICE of Appearance by Jennifer Lee Pasquarella (Pasquarella, Jennifer) (Filed on 3/15/2022) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
37

NOTICE of Change of Address by Ahilan Thevanesan Arulanantham (Arulanantham, Ahilan) (Filed on 3/16/2022) (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

PACER
38

CLERK'S NOTICE: Parties in the above entitled action are to file one joint statement no later than seven (7) days from the receipt of this notice setting forth the current status of this action. Status Report due by 6/21/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tmi, COURT STAFF) (Filed on 6/14/2022) (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER

Clerk's Notice

June 14, 2022

June 14, 2022

PACER
39

JOINT STATUS REPORT by G.D.P. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa, S.S. (a minor), Kirstjen Nielsen, Elaine C. Duke, United States of America and United States Department of Homeland Security. (Commons, Sean) (Filed on 6/21/2022) Modified on 6/22/2022 (kkp, COURT STAFF). (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

RECAP
40

CLERK'S NOTICE SETTING ZOOM HEARING AND STATUS CONFERENCE. Status Conference set for 9/27/2022, at 2:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. Joint Status Report due by 9/20/2022. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGener al Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associ ated with this entry.) (vla, COURT STAFF) (Filed on 6/27/2022) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

PACER

Clerk's Notice Setting Zoom Hearing

June 27, 2022

June 27, 2022

PACER
41

NOTICE of Change/Withdrawal of Counsel: Zoe McKinney by Jennifer Lee Pasquarella. (Pasquarella, Jennifer) (Filed on 8/15/2022) Modified on 8/15/2022 (kkp, COURT STAFF). (Entered: 08/15/2022)

Aug. 15, 2022

Aug. 15, 2022

PACER
42

ORDER GRANTING 41 Notice of Change In Counsel. Signed by Judge Edward M. Chen on 8/15/2022. (vla, COURT STAFF) (Filed on 8/15/2022) (Entered: 08/15/2022)

Aug. 15, 2022

Aug. 15, 2022

PACER
43

STATUS REPORT JOINT AND JOINT STIPULATION TO CONTINUE STATUS CONFERENCE by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Degen, Alycia) (Filed on 9/20/2022) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

RECAP

Electronic filing error. ***NOTICE TO COUNSEL*** Incorrect event used. [err101] Correct Event is Stipulation with Proposed Order. Event can be found at Civil Events > Mo tions and Related Filings > Stipulations > Stipulation and Proposed Order. This filing will not be processed by the clerks office. Please re-file in its entirety. Re: 43 Status Report filed by G.D.P. (a minor), Donaldo Posadas Caceres, Keshav Bhattarai, Sorayda Rodriguez Motino, Denis Molina Chavez, Sumnima Thapa, S.S. (a minor), Sajjan Pandey (kkp, COURT STAFF) (Filed on 9/20/2022)

Sept. 20, 2022

Sept. 20, 2022

PACER
44

STIPULATION WITH PROPOSED ORDER TO CONTINUE STATUS CONFERENCE AND JOINT STATUS REPORT filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Degen, Alycia) (Filed on 9/20/2022) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

PACER

Electronic Filing Error

Sept. 20, 2022

Sept. 20, 2022

PACER
45

Order by Judge Edward M Chen GRANTING 44 STIPULATION TO CONTINUE STATUS CONFERENCE. Status Conference reset from 9/27/2022 to 10/25/2022, at 2:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. Joint Status Report due by 10/18/2022.(vla, COURT STAFF) (Filed on 9/22/2022) (Entered: 09/22/2022)

Sept. 22, 2022

Sept. 22, 2022

PACER
46

NOTICE of Appearance by Emilou MacLean (MacLean, Emilou) (Filed on 9/22/2022) (Entered: 09/22/2022)

Sept. 22, 2022

Sept. 22, 2022

PACER
47

JOINT STATUS REPORT by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa and Kirstjen Nielsen, et al.. (Degen, Alycia) (Filed on 10/18/2022) Modified on 10/18/2022 (kkp, COURT STAFF). (Entered: 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

RECAP
48

CLERK'S NOTICE SETTING ZOOM HEARING AND CONTINUING STATUS CONFERENCE. Status Conference set for 12/13/2022 at 2:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. Joint Status Report due by 12/6/2022. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG IN TO ZOOM NO LATER THAN 2:20 PM.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, rec ording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.can d.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 10/19/2022) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

PACER

Clerk's Notice Setting Zoom Hearing

Oct. 19, 2022

Oct. 19, 2022

PACER
49

JOINT STATUS REPORT by Keshav Bhattarai, et al and Kirstjen Nielsen, et al.. (Degen, Alycia) (Filed on 12/6/2022) Modified on 12/6/2022 (kkp, COURT STAFF). (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

RECAP
50

CLERK'S NOTICE CONTINUING 12/13/2022 STATUS CONFERENCE. Joint Status Report due by 2/14/2023. Status Conference reset to 2/21/2023 at 02:30 PM by Videoconference Only before Judge Edward M Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this e ntry.)(bxs, COURT STAFF) (Filed on 12/6/2022) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER

Clerk's Notice AND ~Util - Teleconference Zoom

Dec. 6, 2022

Dec. 6, 2022

PACER

~Util - Teleconference Zoom AND Clerk's Notice

Dec. 6, 2022

Dec. 6, 2022

PACER
51

NOTICE of Appearance by Christopher Marisak Lynch (Lynch, Christopher) (Filed on 1/30/2023) (Entered: 01/30/2023)

Jan. 30, 2023

Jan. 30, 2023

RECAP
52

JOINT STATUS REPORT by Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa, Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. (Degen, Alycia) (Filed on 2/14/2023) Modified on 2/14/2023 (cjl, COURT STAFF). (Entered: 02/14/2023)

Feb. 14, 2023

Feb. 14, 2023

RECAP
53

CLERK'S NOTICE CONTINUING STATUS CONFERENCE AND SETTING ZOOM HEARING. Status Conference reset from 2/21/2023 to 7/25/2023 at 2:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. Joint Status Report due by 7/18/2023. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG IN TO ZOOM NO LATER THAN 2:20 PM.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 2/14/2023) (Entered: 02/14/2023)

Feb. 14, 2023

Feb. 14, 2023

PACER

~Util - Teleconference Zoom AND Clerk's Notice Setting Zoom Hearing

Feb. 14, 2023

Feb. 14, 2023

PACER
54

NOTICE of Appearance by Zachary Anthony Avallone on behalf of Defendants (Avallone, Zachary) (Filed on 5/24/2023) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

RECAP
55

JOINT STATUS REPORT by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa, Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. (Degen, Alycia) (Filed on 7/13/2023) Modified on 7/14/2023 (cjl, COURT STAFF). (Entered: 07/13/2023)

July 13, 2023

July 13, 2023

PACER
56

JOINT STATUS REPORT by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa, Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. (Degen, Alycia) (Filed on 7/18/2023) Modified on 7/18/2023 (cjl, COURT STAFF). (Entered: 07/18/2023)

July 18, 2023

July 18, 2023

PACER
57

NOTICE of Appearance by Michael Bryan Kaufman as Counsel for Plaintiffs (Kaufman, Michael) (Filed on 7/19/2023) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

PACER
58

MOTION to Withdraw as Attorney filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. Responses due by 8/2/2023. Replies due by 8/9/2023. (Pasquarella, Jennifer) (Filed on 7/19/2023) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

PACER
59

STIPULATION WITH PROPOSED ORDER TO CONSOLIDATE CASES, AMEND COMPLAINT, AND SET BRIEFING SCHEDULE filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa, Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security, United States of America. (Degen, Alycia) (Filed on 7/31/2023) Modified on 8/1/2023 (cjl, COURT STAFF). (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

PACER
60

Order by Judge Edward M Chen GRANTING 59 STIPULATION TO CONSOLIDATE CASES, AMEND COMPLAINT, AND SET BRIEFING SCHEDULE. Amended Consolidated Complaint due by 8/24/2023. (jlg, COURT STAFF) (Filed on 8/2/2023) (Entered: 08/02/2023)

Aug. 2, 2023

Aug. 2, 2023

PACER

All future filings shall be made on the Ramos docket case #18-cv-1554. (cjl, COURT STAFF) (Filed on 8/2/2023)

Aug. 2, 2023

Aug. 2, 2023

PACER
61

ORDER by Judge Edward M Chen GRANTING 58 Motion to Withdraw as Attorney. (jlg, COURT STAFF) (Filed on 8/3/2023) (Entered: 08/03/2023)

Aug. 3, 2023

Aug. 3, 2023

PACER

Remark

Aug. 3, 2023

Aug. 3, 2023

PACER
63

NOTICE of Substitution of Counsel by Glenn Michael Katon (Katon, Glenn) (Filed on 11/13/2023) (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

PACER
64

Notice of Change In Counsel

Jan. 31, 2024

Jan. 31, 2024

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 10, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

TPS beneficiaries from Nepal and Honduras and their U.S.-citizen children.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

National Day Laborer Organizing Network (NDLON)

Asian Americans Advancing Justice | AAJC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

U.S. Department of Homeland Security (Washington, D.C.), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination-basis:

National origin discrimination

Immigration/Border:

Constitutional rights

Temporary protected status