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Case Name East Bay Sanctuary Covenant v. Barr IM-CA-0146
Docket / Court 4:19-cv-04073 ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Attorney Organization ACLU Immigrants' Rights Project
ACLU of Northern California
Center for Constitutional Rights
Southern Poverty Law Center
Case Summary
On July 16, 2019, the East Bay Sanctuary Covenant, Al Otro Lado, Innovation Law Lab, and the Central American Resource Center in Los Angeles challenged a new asylum policy of the federal government narrowing eligibility qualifications for asylum seekers. Specifically, plaintiffs challenged an ... read more >
On July 16, 2019, the East Bay Sanctuary Covenant, Al Otro Lado, Innovation Law Lab, and the Central American Resource Center in Los Angeles challenged a new asylum policy of the federal government narrowing eligibility qualifications for asylum seekers. Specifically, plaintiffs challenged an interim final rule, promulgated by the Attorney General and Acting Secretary of Homeland Security, that made ineligible for asylum noncitizens who transit through another country prior to reaching the southern border of the United States. Plaintiffs sued the Attorney General and Acting 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. This lawsuit was filed in the United States District Court in the Northern District of California. The case was assigned to Jon S. Tigar.

The complaint for declaratory and injunctive relief argued that the Congress 8 U.S.C. § 1158(a)(1) to recognize that, with the exception of Mexican asylum seekers arriving at the southern border and Canadians at the northern border, many asylum seekers arriving in the United States necessarily transit through another country before reaching a port of arrival. 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. Plaintiffs argued that the Rule jeopardizes the right of those fleeing dangerous conditions to non-refoulement, which protects against forced return of asylum seekers to a country where they are or could be subject to persecution. Plaintiffs further argued that Defendants failed to follow procedural steps required by the APA, which include providing notice and opportunity to comment prior to the promulgation of regulations.

In the complaint, plaintiffs moved for a preliminary injunction preventing Defendants from moving forward with the Rule’s implementation.

On July 24, 2019, the court granted plaintiffs’ motion for a preliminary injunction, preventing Defendants from taking any further action to implement the Rule. Defendants requested a stay pending an appeal to the Ninth Circuit Court, arguing that the nationwide scope of the injunction was unwarranted and would serve to undermine the constitutional and statutory authority of the Executive Branch. The Ninth Circuit granted Defendants’ motion for stay pending appeal insofar as the injunction applied outside its jurisdiction. Plaintiffs sought restoration of the nationwide scope of injunction from the United States District Court.

On September 9, 2019, Judge Jon S. Tigar granted plaintiffs’ motion to reissue the nationwide scope of the injunction, viewing it as the only sufficient remedy to provide complete relief to Plaintiffs, as well as necessary to maintain uniform immigration policy.

The appeal is still pending. The case remains open.

Hafsa Tout - 10/05/2019


compress summary

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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief granted
Discrimination-basis
Immigration status
National origin discrimination
Immigration/Border
Admission - criteria
Admission - procedure
Asylum - criteria
Asylum - procedure
Refugees
Undocumented immigrants - rights and duties
National Origin/Ethnicity
Hispanic
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Ex Parte Young (Federal) or Bivens
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) Acting Secretary of Homeland Security
Attorney General
Plaintiff Description Four nonprofit legal service organizations working with asylum seekers.
Indexed Lawyer Organizations ACLU Immigrants' Rights Project
ACLU of Northern California
Center for Constitutional Rights
Southern Poverty Law Center
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 2019 - n/a
Filing Year 2019
Case Ongoing Yes
Case Listing IM-CA-0137 : East Bay Sanctuary Covenant v. Trump (N.D. Cal.)
IM-DC-0063 : Capital Area Immigrants' Rights Coalition v. Trump (D.D.C.)
Docket(s)
4:19-cv-4073 (N.D. Cal.)
IM-CA-0146-9000.pdf | Detail
Date: 09/23/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-CA-0146-0001.pdf | Detail
Date: 07/16/2019
Source: PACER [Public Access to Court Electronic Records]
Order Granting Preliminary Injunction [ECF# 42] (N.D. Cal.)
IM-CA-0146-0002.pdf | Detail
Date: 07/24/2019
Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion to Restore Nationwide Scope of Injunction [ECF# 73] (2019 WL 4265078) (N.D. Cal.)
IM-CA-0146-0003.pdf | WESTLAW | Detail
Date: 09/09/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Tigar, Jon Steven (State Trial Court, N.D. Cal.) show/hide docs
IM-CA-0146-0002 | IM-CA-0146-0003 | IM-CA-0146-9000
Plaintiff's Lawyers Amdur, Spencer E. W. (California) show/hide docs
IM-CA-0146-0001 | IM-CA-0146-9000
Azmy, Baher (New York) show/hide docs
IM-CA-0146-0001
Balakrishnan, Anand V. (New York) show/hide docs
IM-CA-0146-0001 | IM-CA-0146-9000
Bauer, Mary C. (Virginia) show/hide docs
IM-CA-0146-0001 | IM-CA-0146-9000
Crow, Melissa E. (District of Columbia) show/hide docs
IM-CA-0146-0001 | IM-CA-0146-9000
Eiland, Katrina L. (California) show/hide docs
IM-CA-0146-0001 | IM-CA-0146-9000
Gelernt, Lee (New York) show/hide docs
IM-CA-0146-0001 | IM-CA-0146-9000
Guisado, Angelo R. (New York) show/hide docs
IM-CA-0146-0001
Jadwat, Omar C. (New York) show/hide docs
IM-CA-0146-0001 | IM-CA-0146-9000
Salceda, Angelica H. (California) show/hide docs
IM-CA-0146-0001 | IM-CA-0146-9000
Schwarz, Ghita (New York) show/hide docs
IM-CA-0146-0001
Sun, Christine Patricia (California) show/hide docs
IM-CA-0146-0001 | IM-CA-0146-9000
Talla, Vasudha (California) show/hide docs
IM-CA-0146-0001 | IM-CA-0146-9000
Veroff, Julie Michelle (California) show/hide docs
IM-CA-0146-0001 | IM-CA-0146-9000
Wofsy, Cody H. (California) show/hide docs
IM-CA-0146-0001 | IM-CA-0146-9000
Defendant's Lawyers Genova, Francesca (District of Columbia) show/hide docs
IM-CA-0146-9000
Kisor, Colin A. (District of Columbia) show/hide docs
IM-CA-0146-9000
Reuveni, Erez (District of Columbia) show/hide docs
IM-CA-0146-9000
Stewart, Scott Grant (District of Columbia) show/hide docs
IM-CA-0146-9000
Other Lawyers Bookey, Blaine (California) show/hide docs
IM-CA-0146-9000
Murch, Marienna Harnden (California) show/hide docs
IM-CA-0146-9000

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