Case: East Bay Sanctuary Covenant v. Barr

4:19-cv-04073 | U.S. District Court for the Northern District of California

Filed Date: July 16, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about the ability of the U.S. Department of Homeland Security (DHS) to issue new guidelines on asylum application procedures and whether DHS is allowed to issue a rule that asylum seekers must first apply for asylum in another country before applying in the U.S..On July 16, 2019, four advocacy organizations -- the East Bay Sanctuary Covenant, Al Otro Lado, Innovation Law Lab, and the Central American Resource Center -- challenged a new asylum policy of the Trump administration narr…

This case is about the ability of the U.S. Department of Homeland Security (DHS) to issue new guidelines on asylum application procedures and whether DHS is allowed to issue a rule that asylum seekers must first apply for asylum in another country before applying in the U.S..

On July 16, 2019, four advocacy organizations -- the East Bay Sanctuary Covenant, Al Otro Lado, Innovation Law Lab, and the Central American Resource Center -- challenged a new asylum policy of the Trump administration narrowing eligibility qualifications for asylum seekers. The rule blocked asylum for noncitizens who transited through another country prior to reaching the southern U.S. border. The plaintiffs sued the U.S. Attorney General and Secretary of Homeland Security under the Administrative Procedure Act (APA), 5 U.S.C. §§ 551 et seq., and the Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq. The plaintiffs sought declaratory and injunctive relief. This lawsuit was filed in the United States District Court in the Northern District of California and assigned to Judge Jon S. Tigar.

The complaint had three key arguments. First, plaintiffs argued that Congress made clear that noncitizens may apply for asylum regardless of where they enter the U.S., and that many necessarily transit through another country before reaching a U.S. port of entry. U.S.C. § 1158(a)(1). The complaint emphasized the distinction between firm resettlement barring eligibility for asylum under 8 U.S.C. § 1158(b)(2)(A), and temporary transit through another country. Second, plaintiffs argued that the rule jeopardized the international law principle of non-refoulment which prohibits the forcible return of asylum seekers to countries where they would be persecuted. Third, plaintiffs argued that the government failed to follow procedural steps required by the APA, including providing notice and an opportunity to comment prior to enacting the Rule.

On July 24, 2019, the Court granted the plaintiffs’ motion for a preliminary injunction, preventing the government from implementing the rule due to the government’s failure to comply with notice and comment procedures of the APA and the balance of public interests. 385 F.Supp.3d 922.

On July 29, 2019, the government requested a stay of the injunction pending an appeal to the Ninth Circuit, arguing that the nationwide scope of the injunction was unwarranted and would serve to undermine the constitutional and statutory authority of the Executive Branch. On August 16, 2019, the Ninth Circuit denied a stay for application of the injunction inside its boundaries. The Ninth Circuit granted the stay pending appeal for all locations outside the Ninth Circuit, finding that the nationwide scope of the injunction was not supported by the record in the district court. 934 F.3d 1026. The plaintiffs then moved in the district court to restore the nationwide scope of the injunction, supplementing the record the appeals court had found inadequate.

On September 9, 2019, the district court granted the plaintiffs’ motion to restore the nationwide scope of the injunction, viewing it as the only sufficient remedy to provide complete relief to the plaintiffs, as well as necessary to maintain uniform immigration policy. 391 F.Supp.3d 974. The government again appealed to the Ninth Circuit and filed an emergency motion for a stay. While the stay issue was being briefed, the Supreme Court granted a stay pending disposition of the government's appeal to the Ninth Circuit (140 S.Ct. 3). The government again appealed the injunction to the Ninth Circuit on July 6, 2020.

While the injunction was on appeal, but before the change of administration, the Department of Homeland Security issued a separate “final rule” on the asylum issue that was substantially similar to the one the district court had preliminarily enjoined. On January 28, 2021, the plaintiffs filed an amended complaint seeking to enjoin the government from implementing this new rule as well. The district court granted that injunction on February 16, 2021.

On January 21, 2021, the plaintiffs moved for a preliminary injunction and stay of the final rule's effective date. Judge Tigar granted the preliminary injunction and stay of the effective date on February 16.

In in April 2021, the Ninth Circuit upheld the original injunction and found that the rule change was arbitrary and capricious because the government did not take the evidence in front of the agency into account when making the rule change, and that the balance of harms favored upholding the injunction (994 F. 3d 962). The Ninth Circuit also found that the district court did not abuse its discretion by applying the injunction along the four states bordering Mexico.

The case is ongoing, but is likely to terminate soon due to the inauguration of the Biden Administration. There has been no movement on the trial court docket since the court of appeals mandate in April.

Summary Authors

Hafsa Tout (10/5/2019)

Sam Kulhanek (2/26/2020)

John Duffield (6/30/2021)

Brillian Bao (12/29/2023)

Related Cases

East Bay Sanctuary Covenant v. Trump, Northern District of California (2018)

Capital Area Immigrants' Rights (CAIR) Coalition v. Trump; I.A. v. Barr, District of Columbia (2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15925501/parties/east-bay-sanctuary-covenant-v-barr/


Judge(s)
Attorney for Plaintiff

Amdur, Spencer E. W. (California)

Azmy, Baher (New York)

Balakrishnan, Anand V. (New York)

Bauer, Mary C. (Virginia)

Attorney for Defendant
Expert/Monitor/Master/Other

Bookey, Blaine (California)

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Documents in the Clearinghouse

Document
1

4:19-cv-04073

Complaint

July 16, 2019

July 16, 2019

Complaint
42

4:19-cv-04073

Order Granting Preliminary Injunction

July 24, 2019

July 24, 2019

Order/Opinion

0:19-16487

Order

U.S. Court of Appeals for the Ninth Circuit

Aug. 16, 2019

Aug. 16, 2019

Order/Opinion

934 F.3d 934

73

4:19-cv-04073

Order Granting Motion to Restore Nationwide Scope of Injunction

Sept. 9, 2019

Sept. 9, 2019

Order/Opinion

391 F.Supp.3d 391

19-00230

Opinion

Supreme Court of the United States

Sept. 11, 2019

Sept. 11, 2019

Order/Opinion

140 S.Ct. 140

0:19-16487

Opinion

U.S. Court of Appeals for the Ninth Circuit

July 6, 2020

July 6, 2020

Order/Opinion

964 F.3d 964

123

4:19-cv-04073

Order Denying Leave To Intervene And Denying Preliminary Injunction

Nov. 10, 2020

Nov. 10, 2020

Order/Opinion

500 F.Supp.3d 500

134

4:19-cv-04073

First Amended and Supplemental Complaint for Declaratory and Injunctive Relief

East Bay Sanctuary Covenant v. Rosen

Jan. 28, 2021

Jan. 28, 2021

Complaint
138

4:19-cv-04073

Order Granting Preliminary Injunction

Feb. 16, 2021

Feb. 16, 2021

Order/Opinion

2021 WL 2021

145

4:19-cv-04073

0:19-16773

0:19-16487

Order and Amended Opinion

East Bay Sanctuary Covenant v. Garland

U.S. Court of Appeals for the Ninth Circuit

April 8, 2021

April 8, 2021

Order/Opinion

994 F.3d 994

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15925501/east-bay-sanctuary-covenant-v-barr/

Last updated March 19, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief (Immigration Action) against All Defendants, (Filing Fee: $400.00, receipt number 0971-13523432). Filed by Innovation Law Lab, Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant. (Attachments: #(1) Civil Cover Sheet)(Eiland, Katrina) (Filed on 7/16/2019) (Entered: 07/16/2019)

1 Civil Cover Sheet

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July 16, 2019

July 16, 2019

Clearinghouse

~Util - Case Assigned by Intake

July 16, 2019

July 16, 2019

PACER
2

Case assigned to Magistrate Judge Laurel Beeler. 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. Consent/Declination due by 7/30/2019. (bwS, COURT STAFF) (Filed on 7/16/2019) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
3

MOTION for Temporary Restraining Order filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Attachments: # 1 Memorandum ISO Motion for TRO, # 2 Declaration Smith Declaration, # 3 Declaration Pinheiro Declaration, # 4 Declaration Manning Declaration, # 5 Declaration Sharp Declaration, # 6 Declaration Frydman Declaration, # 7 Declaration Anker and Hathaway Declaration, # 8 Proposed Order)(Eiland, Katrina) (Filed on 7/17/2019) (Entered: 07/17/2019)

1 Memorandum ISO Motion for TRO

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2 Declaration Smith Declaration

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3 Declaration Pinheiro Declaration

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4 Declaration Manning Declaration

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5 Declaration Sharp Declaration

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6 Declaration Frydman Declaration

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7 Declaration Anker and Hathaway Declaration

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8 Proposed Order

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July 17, 2019

July 17, 2019

RECAP

Clerk's Notice of Impending Reassignment - Text Only

July 17, 2019

July 17, 2019

PACER

Set/Reset Hearings

July 17, 2019

July 17, 2019

PACER
4

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab.. (Eiland, Katrina) (Filed on 7/17/2019) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
5

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 7/17/2019) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
6

Immigration Mandamus Case Procedural Order, (fabS, COURT STAFF) (Filed on 7/17/2019) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

RECAP
7

ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 7/17/19. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 7/17/2019) (Entered: 07/17/2019)

1 Notice of Eligibility for Video Recording

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July 17, 2019

July 17, 2019

RECAP
8

NOTICE of Appearance by Erez R. Reuveni (Reuveni, Erez) (Filed on 7/17/2019) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
9

MOTION for Leave to Appear in Pro Hac Vice of Lee Gelernt, (Filing Fee: $310.00, receipt number 0971-13528529) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Gelernt, Lee) (Filed on 7/17/2019) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
10

NOTICE of Appearance by Julie Michelle Veroff (Veroff, Julie) (Filed on 7/17/2019) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
11

NOTICE of Appearance by Cody H. Wofsy (Wofsy, Cody) (Filed on 7/17/2019) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
12

NOTICE of Appearance by Spencer Elijah Wittmann Amdur (Amdur, Spencer) (Filed on 7/17/2019) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
13

ORDER RELATING CASES 18-cv-06810-JST and 19-cv-04073-WHO. Signed by Judge Jon S. Tigar on July 17, 2019. (mllS, COURT STAFF) (Filed on 7/17/2019) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

RECAP

Set/Reset Hearing re 13 Order Relating Case Telephone Conference set for 7/18/2019 08:30 AM in San Francisco, Chambers before Judge Jon S. Tigar. (mllS, COURT STAFF) (Filed on 7/17/2019)

July 17, 2019

July 17, 2019

PACER
14

Case reassigned to Judge Jon S. Tigar per related case order. Judge William H. Orrick no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (srnS, COURT STAFF) (Filed on 7/18/2019) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER

Telephone Conference

July 18, 2019

July 18, 2019

PACER

~Util - Set Deadlines/Hearings

July 18, 2019

July 18, 2019

PACER

Set/Reset Hearings

July 18, 2019

July 18, 2019

PACER
15

Minute Entry for proceedings held before Judge Jon S. Tigar: Telephone Conference held on 7/18/2019. Parties are to meet and confer regarding the Temporary Restraining Order briefing and submit a proposed schedule by noon today. Proposed Schedule due by 7/18/2019 by 12:00 PM PST.Total Time in Court: 30 minutes. Court Reporter: Not Reported or Recorded. Plaintiff Attorney: Lee Gelernt, Melissa Crow, Julie Veroff, Bahar Azmy, Katrina Eiland. Defendant Attorney: Erez Reuveni. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Date Filed: 7/18/2019) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
16

NOTICE of Appearance by Vasudha Talla (Talla, Vasudha) (Filed on 7/18/2019) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
17

NOTICE of Appearance by Christine Patricia Sun (Sun, Christine) (Filed on 7/18/2019) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
18

SCHEDULING ORDER. Responses due by 7/19/2019 by 5:00 PM. Replies due by 7/21/2019 by 5:00 PM. Administrative record due by 7/23/2019 at 5:00 PM. Motion Hearing set for 7/24/2019 09:30 AM in San Francisco, Courtroom 09, 19th Floor before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on July 18, 2019. (mllS, COURT STAFF) (Filed on 7/18/2019) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

RECAP
19

ORDER UNSEALING DOCKET. Signed by Judge Jon S. Tigar on July 18, 2019. (mllS, COURT STAFF) (Filed on 7/18/2019) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

RECAP
20

Order by Judge Jon S. Tigar granting 9 Motion for Pro Hac Vice to Lee Gelernt. (mllS, COURT STAFF) (Filed on 7/18/2019) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

RECAP
21

MOTION for Leave to Appear in Pro Hac Vice of Anand Balakrishnan, (Filing Fee: $310.00, receipt number 0971-13533138) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Balakrishnan, Anand) (Filed on 7/18/2019) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
22

Order by Judge Jon S. Tigar granting 21 Motion for Pro Hac Vice as to Anand Balakrishnan.(mllS, COURT STAFF) (Filed on 7/18/2019) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

RECAP
23

NOTICE of Appearance by Scott G. Stewart (Stewart, Scott) (Filed on 7/19/2019) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

RECAP
24

MOTION for Leave to Appear in Pro Hac Vice of Omar Jadwat, (Filing Fee: $310.00, receipt number 0971-13537122) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Jadwat, Omar) (Filed on 7/19/2019) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

RECAP
25

Proposed Summons. (Eiland, Katrina) (Filed on 7/19/2019) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

RECAP
26

Summons Issued as to Defendants Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security & U.S. Department of Justice. (tnS, COURT STAFF) (Filed on 7/19/2019) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

RECAP
27

Order by Judge Jon S. Tigar granting 24 Motion for Pro Hac Vice as to Omar Jadwat.(mllS, COURT STAFF) (Filed on 7/19/2019) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

RECAP
28

OPPOSITION/RESPONSE to (re 3 MOTION for Temporary Restraining Order ) filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: #(1) [Proposed] Order)(Reuveni, Erez) (Filed on 7/19/2019) (Entered: 07/19/2019)

1 Proposed Order

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July 19, 2019

July 19, 2019

RECAP
29

NOTICE filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice of Filing of the Administrative Record (Attachments: # 1 Exhibit Administrative Record Part 1, # 2 Exhibit Administrative Record Part 2, # 3 Exhibit Administrative Record Part 3, # 4 Exhibit Administrative Record Part 4, # 5 Exhibit Administrative Record Part 5, # 6 Exhibit Administrative Record Part 6, # 7 Exhibit Administrative Record Part 6, # 8 Exhibit Administrative Record Part 8, # 9 Exhibit Administrative Record Part 9)(Reuveni, Erez) (Filed on 7/19/2019) (Entered: 07/19/2019)

1 Exhibit Administrative Record Part 1

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2 Exhibit Administrative Record Part 2

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3 Exhibit Administrative Record Part 3

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4 Exhibit Administrative Record Part 4

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5 Exhibit Administrative Record Part 5

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6 Exhibit Administrative Record Part 6

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7 Exhibit Administrative Record Part 6

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8 Exhibit Administrative Record Part 8

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9 Exhibit Administrative Record Part 9

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July 19, 2019

July 19, 2019

RECAP
30

ORDERBecause the Government has now produced the administrative record and both parties will be able to rely upon it in making their arguments, and in order both to promptly provide clarity regarding the legality of the challenged regulation and to facilitate the parties' ability to seek appellate review should they so wish, the Court will inquire at the July 24, 2019 hearing whether there is any reason it should not construe Plaintiffs' motion for temporary restraining order as a motion for preliminary injunction. See Four Seasons Hotels And Resorts, B.V. v. Consorcio Barr, S.A., 320 F.3d 1205, 1210 n.3 (11th Cir. 2003) ("The district court may convert a hearing for a temporary restraining order into a hearing for a preliminary injunction as long as the adverse party had notice of the hearing."); Voth v. Mills, No. CV 09-423-HA, 2010 WL 1640401, at *1 (D. Or. Apr. 19, 2010) (converting motion for temporary restraining order to motion for preliminary injunction "on the basis that defendants were given notice and an opportunity to respond to the [m]otion"). (This is a text-only entry generated by the court. There is no document associated with this entry.) (Tigar, Jon) (Filed on 7/20/2019) (Entered: 07/20/2019)

July 20, 2019

July 20, 2019

PACER

Order

July 20, 2019

July 20, 2019

PACER
31

REPLY (re 3 MOTION for Temporary Restraining Order) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Gelernt, Lee) (Filed on 7/21/2019) (Entered: 07/21/2019)

July 21, 2019

July 21, 2019

RECAP
32

First MOTION for Leave to File Amicus Curiae Brief filed by East Bay Sanctuary Covenant. Motion Hearing set for 8/5/2019 08:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Jon S. Tigar. Responses due by 8/5/2019. Replies due by 8/12/2019. (Attachments: # 1 Exhibit)(Murch, Marienna) (Filed on 7/21/2019) (Entered: 07/21/2019)

1 Exhibit

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July 21, 2019

July 21, 2019

RECAP
33

First MOTION for Leave to File Amicus Curiae Brief - CORRECTION OF DOCKET # 32 filed by Marienna Murch. Responses due by 8/5/2019. Replies due by 8/12/2019. (Attachments: #(1) Exhibit)(Murch, Marienna) (Filed on 7/21/2019) Modified on 8/1/2019 (amgS, COURT STAFF). (Entered: 07/21/2019)

1 Exhibit

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July 21, 2019

July 21, 2019

RECAP
34

NOTICE of Appearance by Angelica Salceda (Salceda, Angelica) (Filed on 7/22/2019) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

RECAP
35

CLERK'S NOTICE RE: MEDIA PARTICIPATION. Members of the press wishing to listen to the proceedings scheduled for July 24, 2019, shall contact CourtCall at 1-866-582-6878 to make arrangements to do so. Recording of the hearing is prohibited. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 7/23/2019) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

PACER

Clerk's Notice

July 23, 2019

July 23, 2019

PACER
36

ORDER GRANTING LEAVE TO FILE AMICUS BRIEF by Judge Jon S. Tigar. (mllS, COURT STAFF) (Filed on 7/23/2019) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

RECAP
37

MOTION for Leave to Appear in Pro Hac Vice of Melissa Crow, (Filing Fee: $310.00, receipt number 0971-13547242) filed by East Bay Sanctuary Covenant. (Crow, Melissa) (Filed on 7/24/2019) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER

Motion Hearing

July 24, 2019

July 24, 2019

PACER
38

MOTION for Leave to Appear in Pro Hac Vice of Mary Bauer, (Filing Fee: $310.00, receipt number 0971-13547247) filed by East Bay Sanctuary Covenant. (Crow, Melissa) (Filed on 7/24/2019) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
39

Minute Entry for proceedings held on 7/24/2019 before Judge Jon S. Tigar regarding motion for temporary restraining order 3 . Hearing held and argument heard. The matter is taken under submission and the Court shall issue a written order ruling on the motion. Total Time in Court: 63 minutes. Court Reporter: Debra Pas. Plaintiff Attorneys: Lee Gelernt, Julie Veroff, Melissa Crow, Bahar Azmy, Katrina Eiland, Vasudha Talla, Angelica Salceda, and Spencer Amdur. Defendant Attorneys: Scott Stewart and Erez Reuveni. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Date Filed: 7/24/2019) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
40

TRANSCRIPT ORDER for proceedings held on 07/24/2019 before Judge Jon S. Tigar by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, for Court Reporter Debra Pas. (Kisor, Colin) (Filed on 7/24/2019) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

RECAP
41

TRANSCRIPT ORDER for proceedings held on 07/24/2019 before Judge Jon S. Tigar by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab, for Court Reporter Debra Pas. (Gelernt, Lee) (Filed on 7/24/2019) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
42

ORDER GRANTING PRELIMINARY INJUNCTION by Judge Jon S. Tigar re: 3 Motion for Temporary Restraining Order. Case Management Statement due by 10/11/2019. Initial Case Management Conference set for 10/21/2019 at 2:00 PM in Oakland, Courtroom 6, 2nd Floor. (jstlc3, COURT STAFF) (Filed on 7/24/2019) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

Clearinghouse
43

Order by Judge Jon S. Tigar granting 37 Motion for Pro Hac Vice as to Melissa Crow. (mllS, COURT STAFF) (Filed on 7/25/2019) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

RECAP
44

Order by Judge Jon S. Tigar granting 38 Motion for Pro Hac Vice as to Mary Bauer.(mllS, COURT STAFF) (Filed on 7/25/2019) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

RECAP
45

Transcript of Proceedings held on 7-24-2019, before Judge Jon S. Tigar. Court Reporter/Transcriber Debra L. Pas, CRR, telephone number (415) 431-1477/Email: Debra_Pas@cand.uscourts.gov. 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 41 Transcript Order, 40 Transcript Order, ) Release of Transcript Restriction set for 10/23/2019. (Related documents(s) 41, 40 ) (pasdl50S, COURT STAFF) (Filed on 7/25/2019) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
46

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. Appeal of Order on Motion for TRO, 42 (Appeal fee FEE WAIVED.) (Reuveni, Erez) (Filed on 7/29/2019) USCA Number 19-16487 Modified on 7/29/2019 (wsnS, COURT STAFF). (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

RECAP
47

Emergency MOTION to Stay Preliminary Injunction Order Pending Appeal re 42 Order on Motion for TRO filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. Motion Hearing set for 8/20/2019 09:30 AM in San Francisco, Courtroom 09, 19th Floor before Judge Jon S. Tigar. Responses due by 8/12/2019. Replies due by 8/19/2019. (Attachments: #(1) [Proposed] Order)(Reuveni, Erez) (Filed on 7/29/2019) (Entered: 07/29/2019)

1 Proposed Order

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July 29, 2019

July 29, 2019

RECAP
48

Emergency MOTION to Shorten Time For Decision on Motion to Stay Pending Appeal filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: # 1 Proposed Order)(Reuveni, Erez) (Filed on 7/29/2019) (Entered: 07/29/2019)

1 Proposed Order

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July 29, 2019

July 29, 2019

RECAP
49

USCA Case Number 19-16487 U.S. Court of Appeals for the Ninth Circuit for 46 Notice of Appeal, filed by U.S. Department of Homeland Security, Matthew T. Albence, U.S. Customs and Border Protection, William Barr, U.S. Department of Justice, Kenneth T. Cuccinelli, James McHenry, U.S. Citizenship and Immigration Services, Kevin K. McAleenan, Executive Office for Immigration Review, Immigration and Customs Enforcement, John P. Sanders. (wsnS, COURT STAFF) (Filed on 7/29/2019) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

RECAP
50

ORDER by Judge Jon S. Tigar. The Court hereby GRANTS the government's 48 emergency motion to shorten time. Plaintiffs shall file their response to the 47 motion for a stay pending appeal by 12:00 p.m. on July 31, 2019. The Court will then take the matter under submission. The Court intends to rule on the motion for a stay by 12:00 p.m. on August 2, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jstlc1S, COURT STAFF) (Filed on 7/29/2019) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

PACER

Order on Motion to Shorten Time

July 30, 2019

July 30, 2019

PACER
51

OPPOSITION/RESPONSE (re 47 Emergency MOTION to Stay re 42 Order on Motion for TRO, ) filed byAl Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Gelernt, Lee) (Filed on 7/31/2019) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

RECAP
52

ORDER DENYING STAY PENDING APPEAL by Judge Jon S. Tigar. (mllS, COURT STAFF) (Filed on 8/1/2019) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

RECAP
53

MOTION for Leave to File Amicus Brief for Dismissal for Lack of Jurisdiction submitted by Duane Morley Cox. (Attachments: # 1 Amicus Brief, # 2 Notice of Appearance, # 3 Envelope) (gbaS, COURT STAFF) (Filed on 8/2/2019) (Entered: 08/04/2019)

1 Amicus Brief

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2 Notice of Appearance

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3 Envelope

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Aug. 2, 2019

Aug. 2, 2019

PACER
54

ORDER of USCA as to 46 Notice of Appeal 19-16487, filed by U.S. Department of Homeland Security, Matthew T. Albence, U.S. Customs and Border Protection, William Barr, U.S. Department of Justice, Kenneth T. Cuccinelli, James McHenry, U.S. Citizenship and Immigration Services, Kevin K. McAleenan, Executive Office for Immigration Review, Immigration and Customs Enforcement, John P. Sanders. (wsnS, COURT STAFF) (Filed on 8/5/2019) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

RECAP
55

ORDER DENYING LEAVE TO FILE AMICUS BRIEF by Judge Jon S. Tigar. (mllS, COURT STAFF) (Filed on 8/6/2019) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

RECAP
56

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 10/31/2019 by 5:00 PM. Initial Case Management Conference set for 11/7/2019 02:00 PM in Oakland, Courtroom 6, 2nd Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 8/14/2019) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER

Clerk's Notice

Aug. 15, 2019

Aug. 15, 2019

PACER
57

Emergency MOTION to Consider Supplemental Evidence and Restore the Nationwide Scope of Injunction filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. Responses due by 8/21/2019. Replies due by 8/22/2019. (Attachments: # 1 Memorandum ISO Motion, # 2 Supplemental Manning Declaration, # 3 Supplemental Smith Declaration, # 4 Ramos Declaration, # 5 Alvarez Declaration, # 6 Reichlin-Melnick Declaration, # 7 Proposed Order)(Gelernt, Lee) (Filed on 8/19/2019) (Entered: 08/19/2019)

1 Memorandum ISO Motion

View on RECAP

2 Supplemental Manning Declaration

View on PACER

3 Supplemental Smith Declaration

View on PACER

4 Ramos Declaration

View on RECAP

5 Alvarez Declaration

View on PACER

6 Reichlin-Melnick Declaration

View on RECAP

7 Proposed Order

View on RECAP

Aug. 19, 2019

Aug. 19, 2019

RECAP
58

ORDER of USCA as to 46 Notice of Appeal 19-16487, filed by U.S. Department of Homeland Security, Matthew T. Albence, U.S. Customs and Border Protection, William Barr, U.S. Department of Justice, Kenneth T. Cuccinelli, James McHenry, U.S. Citizenship and Immigration Services, Kevin K. McAleenan, Executive Office for Immigration Review, Immigration and Customs Enforcement, John P. Sanders. (wsnS, COURT STAFF) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

RECAP
59

SCHEDULING ORDER. Signed by Judge Jon S. Tigar on August 19, 2019. (mllS, COURT STAFF) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

RECAP
60

First MOTION for Leave to File Amicus Curiae Brief filed by Non-Profit Organizations and Law School Clinics filed by Blaine Bookey. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Bookey, Blaine) (Filed on 8/19/2019) (Entered: 08/19/2019)

1 Exhibit A

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2 Proposed Order

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Aug. 19, 2019

Aug. 19, 2019

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61

ORDER GRANTING MOTION FOR LEAVE TO FILE AMICUS BRIEFThe Non-Profit Organizations and Law School Clinics' motion for leave to file an amicus curiae brief, ECF No. 60, is granted without objection. (This is a text-only entry generated by the court. There is no document associated with this entry.)(Entered by Judge Jon S. Tigar) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER

Order on Motion for Leave to File

Aug. 20, 2019

Aug. 20, 2019

PACER
62

CLERKS NOTICE REGARDING LOCATION CHANGE FOR JUDGE JON S. TIGAR Effective August 26, 2019:Judge Jon S. Tigar's courtroom and chambers will be located at the Ronald V. Dellums Federal Building and United States Courthouse, Courtroom 6, 2nd Floor, 1301 Clay Street, Oakland, CA 94612.On or after the effective date, all court appearances, filings, and deliveries of chambers copies must be made at the Oakland Courthouse (https://cand.uscourts.gov/locations). For updated scheduling information, please visit https://cand.uscourts.gov/jst. Judge Tigar's case assignments will be updated to reflect the correct office assignment (for example: 3:19-cv-00123-JST will now be 4:19-cv-00123-JST). (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecgS-adi, COURT STAFF) (Filed on 8/21/2019) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER

Clerk's Notice Regarding Location Change for Judge Jon S. Tigar

Aug. 21, 2019

Aug. 21, 2019

PACER
63

Supplemental Brief re 57 Emergency MOTION to Consider Supplemental Evidence and Restore the Nationwide Scope of Injunction filed byAl Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Related document(s) 57 ) (Gelernt, Lee) (Filed on 8/22/2019) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

RECAP
64

**RE-FILED AS DOCKET NO. 65 ** OPPOSITION/RESPONSE (re 57 Emergency MOTION to Consider Supplemental Evidence and Restore the Nationwide Scope of Injunction ) filed byMatthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Reuveni, Erez) (Filed on 8/29/2019) Modified on 8/30/2019 (jjbS, COURT STAFF). (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
65

OPPOSITION/RESPONSE (re 57 Emergency MOTION to Consider Supplemental Evidence and Restore the Nationwide Scope of Injunction ) (corrected, with exhibits) filed byMatthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: # 1 Exhibit Ex. A (EOIR Guidance), # 2 Exhibit Ex. B (USCIS Guidance), # 3 Exhibit Ex. C (ICE Guidance))(Reuveni, Erez) (Filed on 8/29/2019) Modified on 8/30/2019 (cpS, COURT STAFF).***ATTACHMENT 2 RE-FILED AT DKT. # 66 *** (Entered: 08/29/2019)

1 Exhibit Ex. A (EOIR Guidance)

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2 Exhibit Ex. B (USCIS Guidance)

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3 Exhibit Ex. C (ICE Guidance)

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Aug. 29, 2019

Aug. 29, 2019

RECAP
66

ERRATA re 65 Opposition/Response to Motion,, (substituting attached documents in place of Exhibits B in ECF 65-2)) by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: # 1 Exhibit Ex. B (USCIS Guidance), # 2 Exhibit Ex. B (USCIS Guidance))(Reuveni, Erez) (Filed on 8/29/2019) Modified on 8/30/2019 (cpS, COURT STAFF). (Entered: 08/29/2019)

1 Exhibit Ex. B (USCIS Guidance)

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2 Exhibit Ex. B (USCIS Guidance)

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Aug. 29, 2019

Aug. 29, 2019

RECAP

Electronic Filing Error

Aug. 30, 2019

Aug. 30, 2019

PACER

Electronic filing error. NOTICE TO COUNSEL: Document includes redacted pages. A written request must be filed to seal documents. Please see Local Rules 79-5 and re-file in its entirety. Re: 66 Errata, filed by U.S. Department of Homeland Security, Matthew T. Albence, U.S. Customs and Border Protection, William Barr, U.S. Department of Justice, Kenneth T. Cuccinelli, James McHenry, U.S. Citizenship and Immigration Services, Kevin K. McAleenan, Executive Office for Immigration Review, Immigration and Customs Enforcement, John P. Sanders, 65 Opposition/Response to Motion,, filed by U.S. Department of Homeland Security, Matthew T. Albence, U.S. Customs and Border Protection, William Barr, U.S. Department of Justice, Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services, James McHenry, Kevin K. McAleenan, Immigration and Customs Enforcement, Executive Office for Immigration Review, John P. Sanders (jjbS, COURT STAFF) (Filed on 8/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
67

REPLY (re 57 Emergency MOTION to Consider Supplemental Evidence and Restore the Nationwide Scope of Injunction ) filed byAl Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Gelernt, Lee) (Filed on 9/3/2019) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

RECAP
68

Administrative Motion to File Under Seal portions of ECF 65-1 and 65-3 filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Exhibit EOIR Guidance, redacted, # 4 Exhibit EOIR Guidance, unredacted, # 5 Exhibit ICE Guidance, redacted, # 6 Exhibit ICE Guidance, unredacted)(Reuveni, Erez) (Filed on 9/3/2019) Modified on 9/4/2019 (ajsS, COURT STAFF). (Entered: 09/03/2019)

1 Declaration

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2 Proposed Order

View on PACER

3 Exhibit EOIR Guidance, redacted

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5 Exhibit ICE Guidance, redacted

View on PACER

Sept. 3, 2019

Sept. 3, 2019

PACER
69

Minute Entry for proceedings held before Judge Jon S. Tigar: Motion Hearing held on 9/5/2019. re 57 Emergency MOTION to Consider Supplemental Evidence and Restore the Nationwide Scope of Injunction filed by East Bay Sanctuary Covenant, Innovation Law Lab, Central American Resource Center, Al Otro Lado. Argument heard from both parties. Motion taken under submission. Written order to issue.Total Time in Court: 35 minutes. Court Reporter: Pamela Hebel. Plaintiff Attorney: Lee Gelernt, Julie Veroff, Katrina Eiland, Morgan Russell. Defendant Attorney: Scott Stewart. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Date Filed: 9/5/2019) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER

Motion Hearing

Sept. 5, 2019

Sept. 5, 2019

PACER
70

Order by Judge Jon S. Tigar granting 68 Administrative Motion to File Under Seal.(mllS, COURT STAFF) (Filed on 9/5/2019) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
71

TRANSCRIPT ORDER for proceedings held on 09/05/2019 before Judge Jon S. Tigar by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, for Court Reporter Pam Batalo. (Genova, Francesca) (Filed on 9/6/2019) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
72

Transcript of Proceedings held on 09/05/19, before Judge Tigar. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@cand.uscourts.gov. 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 71 Transcript Order, ) Redaction Request due 9/27/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/5/2019. (Related documents(s) 71 ) (Batalo, Pam) (Filed on 9/6/2019) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
73

Order by Judge Jon S. Tigar granting 57 Motion to Consider Supplemental Evidence and Restore the Nationwide Scope of Injunction.(mllS, COURT STAFF) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

Clearinghouse
74

Proposed Summons. (Eiland, Katrina) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
75

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. Appeal of Order on Motion for Miscellaneous Relief 73 (Appeal fee FEE WAIVED.) (Reuveni, Erez) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

RECAP
76

Emergency MOTION to Stay re 73 Order on Motion for Miscellaneous Relief filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. Motion Hearing set for 10/2/2019 09:30 AM in Oakland, Chambers before Judge Jon S. Tigar. Responses due by 9/24/2019. Replies due by 10/1/2019. (Attachments: # 1 Proposed Order)(Reuveni, Erez) (Filed on 9/10/2019) (Entered: 09/10/2019)

1 Proposed Order

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Sept. 10, 2019

Sept. 10, 2019

RECAP
77

Emergency MOTION to Stay re 73 Order on Motion for Miscellaneous Relief (CORRECTED) filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. Motion Hearing set for 10/2/2019 09:30 AM in Oakland, Chambers before Judge Jon S. Tigar. Responses due by 9/24/2019. Replies due by 10/1/2019. (Attachments: # 1 Proposed Order)(Reuveni, Erez) (Filed on 9/10/2019) (Entered: 09/10/2019)

1 Proposed Order

View on PACER

Sept. 10, 2019

Sept. 10, 2019

PACER
78

USCA Case Number 19-16773 Ninth Circuit Court of Appeals for 75 Notice of Appeal filed by U.S. Department of Homeland Security, Matthew T. Albence, U.S. Customs and Border Protection, William Barr, U.S. Department of Justice, Kenneth T. Cuccinelli, James McHenry, U.S. Citizenship and Immigration Services, Kevin K. McAleenan, Executive Office for Immigration Review, Immigration and Customs Enforcement, John P. Sanders. (cjlS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
79

Summons Issued as to David L. Anderson, U.S. Attorney for the Northern District of California. (jjbS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
80

ORDER The Court notes Defendants' emergency motion to stay the Court's preliminary injunction order pending appeal. ECF No. 77 . Although Defendants have not filed a motion for order shortening time, the Court on its own motion orders Plaintiffs to file an opposition by September 13, 2019. The Court will then take the matter under submission without a hearing. Signed by Judge Jon S. Tigar on September 10, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jstlc1S, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
81

TRANSCRIPT ORDER for proceedings held on 9/5/2019 before Judge Jon S. Tigar by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab, for Court Reporter Pam Batalo. (Eiland, Katrina) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER

Order

Sept. 11, 2019

Sept. 11, 2019

PACER
82

Joint Statement Concerning Defendants' Emergency Stay Motion by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Attachments: # 1 Proposed Order)(Gelernt, Lee) (Filed on 9/12/2019) Modified on 9/12/2019 (jmlS, COURT STAFF). (Entered: 09/12/2019)

1 Proposed Order

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Sept. 12, 2019

Sept. 12, 2019

RECAP

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 16, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four nonprofit legal service organizations working with asylum seekers.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Center for Constitutional Rights (CCR)

Southern Poverty Law Center

ACLU Immigrants' Rights Project

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

United States Department of Justice (- United States (national) -), Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Ex parte Young (federal or state officials)

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2019 - None

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Asylum - criteria

Asylum - procedure

Undocumented immigrants - rights and duties