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Case Name J.O.P. v. U.S. Department of Homeland Security IM-MD-0012
Docket / Court 8:19-cv-01944 ( D. Md. )
State/Territory Maryland
Case Type(s) Immigration and/or the Border
Attorney Organization Public Counsel
Case Summary
On July 1, 2019, four unaccompanied children seeking asylum in the United States filed this lawsuit in the U.S. District Court for the District of Maryland. The plaintiffs sued the Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) under the ... read more >
On July 1, 2019, four unaccompanied children seeking asylum in the United States filed this lawsuit in the U.S. District Court for the District of Maryland. The plaintiffs sued the Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) under the Administrative Procedure Act (APA). The plaintiffs, represented by Goodwin Proctor LLP, Kids in Need of Defense, the Catholic Legal Immigration Network, and Public Counsel sought declaratory and injunctive relief. The plaintiffs claimed that a new USCIS policy would retroactively strip them of protections granted under the Trafficking Victims Protection Reauthorization Act (TVPRA) in violation of the APA and the Fifth Amendment's due process clause. Specifically, they claimed that the new policy would act retroactively on individuals with pending asylum applications because it applied to any USCIS decision made after June 30, 2019. Additionally, the plaintiffs alleged that they could lose asylum eligibility because of the retroactive application of a filing deadline that did not exist when they filed their applications.

On July 1, 2019, the Plaintiffs moved for a temporary restraining order to preserve the prior policy until the court considered the new policy's validity. On August 2, the court (Judge George J. Hazel) granted the motion for a temporary restraining order, which it later converted to a preliminary injunction.

On December 20, 2019, the Plaintiffs filed an amended complaint, adding U.S. Immigration and Customs Enforcement as a defendant. The defendants moved to dismiss the amended complaint on January 24, 2020.

The case is currently ongoing.

Nora Baty - 10/10/2019
Bogyung Lim - 01/28/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Procedural Due Process
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
General
Juveniles
Immigration/Border
Asylum - procedure
Constitutional rights
Family
Refugees
Status/Classification
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. ยงยง 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) U.S. Department of Homeland Security
Plaintiff Description Four children seeking asylum.
Indexed Lawyer Organizations Public Counsel
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief None yet
Filed 07/01/2019
Case Ongoing Yes
Additional Resources
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Docket(s)
8:19-cv-1944 (D. Md.)
IM-MD-0012-9000.pdf | Detail
Date: 10/09/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-MD-0012-0001.pdf | Detail
Date: 07/01/2019
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion [ECF# 54] (409 F.Supp.3d 367) (D. Md.)
IM-MD-0012-0002.pdf | WESTLAW| LEXIS | Detail
Date: 08/02/2019
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 91]
IM-MD-0012-0003.pdf | Detail
Date: 12/20/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Hazel, George Jarrod (D. Md.) show/hide docs
IM-MD-0012-0002 | IM-MD-0012-9000
Plaintiff's Lawyers Blais, Elaine Herrmann (Massachusetts) show/hide docs
IM-MD-0012-0001 | IM-MD-0012-0003 | IM-MD-0012-9000
Burgess, Brian (District of Columbia) show/hide docs
IM-MD-0012-0001 | IM-MD-0012-0003 | IM-MD-0012-9000
DeJong, Kevin J. (Massachusetts) show/hide docs
IM-MD-0012-0001 | IM-MD-0012-0003 | IM-MD-0012-9000
Frederick, Sarah (Massachusetts) show/hide docs
IM-MD-0012-0001 | IM-MD-0012-0003 | IM-MD-0012-9000
Jackson, Kristen M. (California) show/hide docs
IM-MD-0012-0001 | IM-MD-0012-0003 | IM-MD-0012-9000
Mendez, Michelle N. (Maryland) show/hide docs
IM-MD-0012-0001 | IM-MD-0012-0003 | IM-MD-0012-9000
Ross, Mary Tanagho (California) show/hide docs
IM-MD-0012-0001 | IM-MD-0012-0003 | IM-MD-0012-9000
Scholtz, Rebecca (Minnesota) show/hide docs
IM-MD-0012-0001 | IM-MD-0012-0003 | IM-MD-0012-9000
Shaw, Stephen (District of Columbia) show/hide docs
IM-MD-0012-0001 | IM-MD-0012-0003 | IM-MD-0012-9000
Shuchart, Scott (District of Columbia) show/hide docs
IM-MD-0012-0001 | IM-MD-0012-0003 | IM-MD-0012-9000
Wylegala, Wendy (New York) show/hide docs
IM-MD-0012-0001 | IM-MD-0012-0003 | IM-MD-0012-9000
Defendant's Lawyers Haven, Matthew A. (Maryland) show/hide docs
IM-MD-0012-9000
LeDuc, Vickie (Maryland) show/hide docs
IM-MD-0012-9000
Loucks, Allen (Maryland) show/hide docs
IM-MD-0012-9000

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