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Case Name Doe v. McAleenan IM-CA-0152
Docket / Court 3:19-cv-02119-DMS-AGS ( S.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Attorney Organization ACLU Chapters (any)
Case Summary
This is a case about asylum seekers' right to counsel in interviews that determine whether they can remain in the United States during their immigration proceedings.

On November 5, 2019, asylum seekers filed this lawsuit in the U.S. District Court of Southern District of California. The ... read more >
This is a case about asylum seekers' right to counsel in interviews that determine whether they can remain in the United States during their immigration proceedings.

On November 5, 2019, asylum seekers filed this lawsuit in the U.S. District Court of Southern District of California. The plaintiffs, represented by the ACLU of San Diego, sued the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, and U.S. Customs and Border Protection for violating the Administrative Procedure Act, the Immigration and Nationality Act, procedural and substantive due process, and the First Amendment of the United States Constitution. The plaintiffs sought a declaration that the defendants unlawfully deprived them of access to counsel to prepare for hearings that could result in immediate deportation under the Migrant Protection Protocols (also called the "Remain in Mexico Policy") along with an injunction allowing access to counsel (or habeas relief if access to counsel would be impractical) and attorneys' fees.

The plaintiffs are parents who fled from Guatemala to the United States through Mexico, where they alleged they were robbed and assaulted. They were detained in the United States and faced deportation to Mexico under the Migrant Protection Protocols while their asylum claims were pending in the United States. However, they could avoid deportation if they could establish that their life or freedom would be threatened in Mexico at a "non-refoulement" interview. But the plaintiffs alleged that the defendants prevented them from retaining counsel to help them prepare for and represent them in their impending non-refoulement interviews.

The plaintiffs immediately filed a motion for temporary restraining order as well as a motion for class certification. Judge Dana M. Sabraw granted a temporary restraining order to enjoin the government from denying the plaintiffs' access to legal counsel before and during their non-refoulement interview on November 12, 2019. Judge Sabraw also certified a class consisting of “all individuals who are detained in CBP custody in California awaiting or undergoing non-refoulement interviews pursuant to what the government calls the 'Migrant Protection Protocols' program and who have retained lawyers,” on January 14, 2020.

This case is ongoing.

Bogyung Lim - 02/10/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Freedom of speech/association
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
General
Access to lawyers or judicial system
Conditions of confinement
Confinement/isolation
Habeas Corpus
Over/Unlawful Detention
Pattern or Practice
Immigration/Border
Asylum - procedure
Constitutional rights
Detention - conditions
Detention - criteria
Detention - procedures
Immigration lawyers
Refugees
Undocumented immigrants - rights and duties
Special Case Type
Habeas
Type of Facility
Government-run
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) U.S. Citizenship and Immigration Services
U.S. Customs and Border Protection
U.S. Department of Homeland Security
Plaintiff Description A class consisting of “all individuals who are detained in CBP custody in California awaiting or undergoing non-refoulement interviews pursuant to what the government calls the 'Migrant Protection Protocols' program and who have retained lawyers.”
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Filed 2019
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities
White House
Date: Oct. 24, 2017
By: United States
[ Detail ] [ External Link ]

  Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats
www.whitehouse.gov
Date: Sep. 24, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ External Link ]

  Implementing Executive Order 13780 Following Supreme Court Ruling -- Guidance to Visa-Adjudicating Posts
Reuters
Date: Jun. 28, 2017
By: U.S. Department of State
[ Detail ] [ PDF ] [ External Link ]

  Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence
The White House
Date: Jun. 14, 2017
By: Donald Trump (White House)
[ Detail ] [ External Link ]

  Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
Date: Mar. 6, 2017
By: President Donald Trump (President of the United States)
[ Detail ] [ External Link ]

  Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security
The White House
Date: Feb. 1, 2017
By: Donald F. McGahn II, Counsel to the President (The White House)
[ Detail ] [ PDF ] [ External Link ]

  Statement by Acting Attorney General Sally Yates
https://www.nytimes.com/
Date: 1/30/2017
By: Acting Attorney General Sally Yates (Department of Justice)
[ Detail ] [ PDF ] [ External Link ]

  Statement By Secretary John Kelly on the Entry of Lawful Permanent Residents into the United States
https://www.dhs.gov/
Date: 1/29/2017
By: DHS Secretary John Kelly (Department of Homeland Security)
Citation: https://www.dhs.gov/news/2017/01/29/statement-secretary-john-kelly-entry-lawful-permanent-residents-united-states
[ Detail ] [ PDF ] [ External Link ]

  OLC Memo Re: Proposed Executive Order Entitled "Protecting the Nation from Foreign Terrorist Entry into the United States"
Date: Jan. 27, 2017
By: Curtis Gannon (U.S. Department of Justice, Office of Legal Counsel)
[ Detail ] [ PDF ] [ External Link ]

  Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States
Federal Register
Date: Jan. 27, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
3:19-cv-02119 (S.D. Cal.)
IM-CA-0152-9000.pdf | Detail
Date: 01/24/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint-Class Action and Petition for Writ of Habeas Corpus [ECF# 1]
IM-CA-0152-0001.pdf | Detail
Date: 11/05/2019
Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion for Temporary Restraining Order [ECF# 18] (415 F.Supp.3d 971) (S.D. Cal.)
IM-CA-0152-0004.pdf | WESTLAW| LEXIS | Detail
Date: 11/12/2019
Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion for Class Certification [ECF# 39] (2020 WL 209919) (S.D. Cal.)
IM-CA-0152-0003.pdf | WESTLAW | Detail
Date: 01/14/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Sabraw, Dana Makoto (S.D. Cal.) show/hide docs
IM-CA-0152-0003 | IM-CA-0152-0004 | IM-CA-0152-9000
Plaintiff's Lawyers Langarica, Monika Yvette (California) show/hide docs
IM-CA-0152-0001 | IM-CA-0152-9000
Loy, John David (California) show/hide docs
IM-CA-0152-9000
Markovitz, Jonathan Paul (California) show/hide docs
IM-CA-0152-9000
Vakili, Bardis (California) show/hide docs
IM-CA-0152-9000
Defendant's Lawyers Church, Rebecca G. (California) show/hide docs
IM-CA-0152-9000
Ramkumar, Archith (District of Columbia) show/hide docs
IM-CA-0152-9000

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