Case: Johns Hopkins University v. U.S. Department of Homeland Security

1:20-cv-01873 | U.S. District Court for the District of Columbia

Filed Date: July 10, 2020

Closed Date: Oct. 20, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a lawsuit brought by Johns Hopkins University regarding the July 2020 release of ICE regulations which, in effect, meant that students on F-1 visas would risk deportation if their school shifted to online learning. In a different lawsuit filed against the administration over the same July directive, plaintiffs met with counsel for the government and worked to get the regulations rescinded. In order to effectuate the rescission, ICE removed the guidance from its website…

COVID-19 Summary: This is a lawsuit brought by Johns Hopkins University regarding the July 2020 release of ICE regulations which, in effect, meant that students on F-1 visas would risk deportation if their school shifted to online learning. In a different lawsuit filed against the administration over the same July directive, plaintiffs met with counsel for the government and worked to get the regulations rescinded. In order to effectuate the rescission, ICE removed the guidance from its website and replaced it with the previous guidance which exempted students from the limitation on online learning credits in light of the COVID-19 pandemic. Johns Hopkins later voluntarily dismissed the university's claims.


Background

Generally speaking, F-1 visas (colloquially "student visas") can be granted to international students who attend American universities. However, regulations on the granting of these visas limit the amount of online or distance learning the student can engage in. According to these regulations, an international student can engage in only one such class or three credits of that class per semester. 8 C.F.R. § 214.2(f)(6)(i)(G).

The COVID-19 outbreak in early 2020 made this regulation untenable, as schools and universities had to shift to online learning systems. In response, defendant ICE issued an exemption on March 13, 2020, affirming that international students would be permitted to continue distance learning in the United States under their F-1 visas. The exemption would apply until the end of the emergency. However, on July 6, 2020, ICE issued a new directive stating that it would rescind that exemption. This directive would then mean that international students at schools that would still be fully online would have to either transfer to other schools that were at least partially in-person, go back to their countries voluntarily, or risk deportation. The directive also ordered schools that had gone fully online or had simply decided not to have classes to submit an "operational change plan" within nine days, and ordered schools that would have a hybrid system to certify each F-1 student to make sure that they were not taking entirely online courses.

The Lawsuit

In response to the new directive, Johns Hopkins University filed this lawsuit on July 10, 2020, represented by private counsel. The University sued the U.S. Department of Homeland Security and the U.S. Immigration and Customs Enforcement. Plaintiffs argued that the new directive violated the Administrative Procedure Act (APA) in a number of ways. First, the complaint asserted that the new directive was arbitrary and capricious, because it did not give a reasoned basis for the new action nor consider important elements of the problem and it failed to consider important reliance interests established since the original exemption in March. Second, the university asserted that the new directive violated the APA because it did not actually rescind or even amend the previous order, and was therefore in contradiction of established law, violating the APA. Third, the university claimed that this new directive did not follow the proper procedure, because defendants failed to abide by notice-and-comment rule-making procedures when issuing the order. The university also asserted the directive violated due process because it constituted deprivation of property without any notice or opportunity to be heard and it left no indication as to how the university and its international students could retain their visas. Finally, the complaint asserted that the order violated guarantees of academic freedom under the First Amendment.

The university sought injunctive relief in the form of a temporary restraining order and a permanent injunction prohibiting the government from enforcing the directive. They also sought an order vacating and setting aside the directive, as well as declaratory relief. The university also sought attorney's fees and costs.

On July 13, the university submitted a motion for a temporary restraining order and a preliminary injunction to prevent the government from enforcing the directive. That same day, the case was assigned to Judge Dabney L. Friedrich. Judge Friedrich instructed defendants to file a response to Johns Hopkins' motion for a temporary restraining order by the next day, July 14.

Meanwhile, in a different lawsuit filed against the administration over the same directive, President and Fellows of Harvard College, the parties conferred and the government agreed to rescind their implementation of the directive and to return to the March policy.

The court denied the university's motion for a temporary restraining order and preliminary injunction as moot on July 14. On October 6, the defendants filed a motion to dismiss the complaint as moot and the university filed a notice of voluntary dismissal on October 20, 2020.

Summary Authors

Jack Hibbard (7/14/2020)

Chandler Hart-McGonigle (11/29/2020)

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People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17340371/parties/johns-hopkins-university-v-us-department-of-homeland-security/


Judge(s)

Friedrich, Dabney Langhorne (District of Columbia)

Attorney for Plaintiff

Burck, William A (District of Columbia)

Crook, Jamie Lorraine (California)

Galindo, Daniel Antonio (New York)

Attorney for Defendant

Craigmyle, Bradley (District of Columbia)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:20-cv-01873

Docket [PACER]

Oct. 20, 2020

Oct. 20, 2020

Docket
1

1:20-cv-01873

Complaint for Declaratory Relief and Temporary and Permanent Injunctive Relief

July 10, 2020

July 10, 2020

Complaint
9, 9-1, 9-2, 9-7

1:20-cv-01873

Motion for a Temporary Restraining Order and Preliminary Injunction

July 13, 2020

July 13, 2020

Pleading / Motion / Brief
10

1:20-cv-01873

Declaration of Ellen Mackenzie

July 13, 2020

July 13, 2020

Declaration/Affidavit
11

1:20-cv-01873

Declaration of Sunil Kumar

July 13, 2020

July 13, 2020

Declaration/Affidavit
12

1:20-cv-01873

Declaration of Stephen Gange

July 13, 2020

July 13, 2020

Declaration/Affidavit

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17340371/johns-hopkins-university-v-us-department-of-homeland-security/

Last updated March 27, 2024, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-7325563) filed by JOHNS HOPKINS UNIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Burck, William) (Entered: 07/10/2020)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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July 10, 2020

July 10, 2020

RECAP
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JOHNS HOPKINS UNIVERSITY (Burck, William) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
3

NOTICE of Appearance by Derek Lawrence Shaffer on behalf of JOHNS HOPKINS UNIVERSITY (Shaffer, Derek) (Entered: 07/12/2020)

July 12, 2020

July 12, 2020

PACER
4

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kathleen M. Sullivan, Firm-Quinn Emanuel Urquhart & Sullivan LLP, Address-865 S. Figueroa St 10th Floor, Los Angeles, CA 90017, Phone No.-213-443-3000 Filing fee $ 100, receipt number ADCDC-7328354. Fee Status: Fee Paid. by JOHNS HOPKINS UNIVERSITY (Attachments: # 1 Declaration of Kathleen M. Sullivan, # 2 Text of Proposed Order)(Shaffer, Derek) (Entered: 07/12/2020)

1 Declaration of Kathleen M. Sullivan

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2 Text of Proposed Order

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July 12, 2020

July 12, 2020

PACER
5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Crystal Nix-Hines, Firm-Quinn Emanuel Urquhart & Sullivan LLP, Address-865 S. Figueroa St 10th Floor, Los Angeles, CA 90017, Phone No.-213-443-3000 Filing fee $ 100, receipt number ADCDC-7328355. Fee Status: Fee Paid. by JOHNS HOPKINS UNIVERSITY (Attachments: # 1 Declaration Crystal Nix-Hines, # 2 Text of Proposed Order)(Shaffer, Derek) (Entered: 07/12/2020)

1 Declaration Crystal Nix-Hines

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2 Text of Proposed Order

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July 12, 2020

July 12, 2020

PACER
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Shon Morgan, Firm-Quinn Emanuel Urquhart & Sullivan LLP, Address-865 S. Figueroa St 10th Floor, Los Angeles, CA 90017, Phone No.-213-443-3000 Filing fee $ 100, receipt number ADCDC-7328358. Fee Status: Fee Paid. by JOHNS HOPKINS UNIVERSITY (Attachments: # 1 Declaration of Shon Morgan, # 2 Text of Proposed Order)(Shaffer, Derek) (Entered: 07/12/2020)

1 Declaration of Shon Morgan

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2 Text of Proposed Order

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July 12, 2020

July 12, 2020

PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Marina Lev, Firm-Quinn Emanuel Urquhart & Sullivan LLP, Address-865 S. Figueroa St 10th Floor, Los Angeles, CA 90017, Phone No.-213-443-3000 Filing fee $ 100, receipt number ADCDC-7328362. Fee Status: Fee Paid. by JOHNS HOPKINS UNIVERSITY (Attachments: # 1 Declaration of Marina Lev, # 2 Text of Proposed Order)(Shaffer, Derek) (Entered: 07/12/2020)

1 Declaration of Marina Lev

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2 Text of Proposed Order

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July 12, 2020

July 12, 2020

PACER
8

NOTICE of Appearance by William A. Burck on behalf of JOHNS HOPKINS UNIVERSITY (Burck, William) (Entered: 07/12/2020)

July 12, 2020

July 12, 2020

PACER
9

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by JOHNS HOPKINS UNIVERSITY (Attachments: # 1 Memorandum in Support, # 2 Declaration of Derek L. Shaffer, # 3 Exhibit 1 to Shaffer Declaration, # 4 Exhibit 2 to Shaffer Declaration, # 5 Exhibit 3 to Shaffer Declaration, # 6 Exhibit 4 to Shaffer Declaration, # 7 Text of Proposed Order, # 8 Certificate of Service)(Burck, William) (Entered: 07/13/2020)

1 Memorandum in Support

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2 Declaration of Derek L. Shaffer

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3 Exhibit 1 to Shaffer Declaration

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4 Exhibit 2 to Shaffer Declaration

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5 Exhibit 3 to Shaffer Declaration

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6 Exhibit 4 to Shaffer Declaration

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7 Text of Proposed Order

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8 Certificate of Service

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July 13, 2020

July 13, 2020

PACER

Case Assigned/Reassigned

July 13, 2020

July 13, 2020

PACER
10

AFFIDAVIT re 9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction of Ellen MacKenzie by JOHNS HOPKINS UNIVERSITY. (Burck, William) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER

Order

July 13, 2020

July 13, 2020

PACER
11

AFFIDAVIT re 9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction of Sunil Kumar by JOHNS HOPKINS UNIVERSITY. (Burck, William) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER

Set/Reset Deadlines/Hearings

July 13, 2020

July 13, 2020

PACER
12

AFFIDAVIT re 9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction of Stephen Gange by JOHNS HOPKINS UNIVERSITY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Burck, William) (Entered: 07/13/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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July 13, 2020

July 13, 2020

PACER
13

MOTION to Permit Three Declarants to Proceed by Pseudonym by JOHNS HOPKINS UNIVERSITY (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Declaration of Student A, # 3 Exhibit B - Declaration of Student B, # 4 Exhibit C - Declaration of Student C, # 5 Text of Proposed Order, # 6 Certificate of Service)(Burck, William) (Entered: 07/13/2020)

1 Memorandum in Support

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2 Exhibit A - Declaration of Student A

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3 Exhibit B - Declaration of Student B

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4 Exhibit C - Declaration of Student C

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5 Text of Proposed Order

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6 Certificate of Service

View on RECAP

July 13, 2020

July 13, 2020

PACER

Case Assigned to Judge Dabney L. Friedrich. (zsb)

July 13, 2020

July 13, 2020

PACER
14

NOTICE of Appearance by Jeremy S. Simon on behalf of All Defendants (Simon, Jeremy) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

RECAP
15

REQUEST FOR SUMMONS TO ISSUE Attorney General re 1 Complaint, filed by JOHNS HOPKINS UNIVERSITY. Related document: 1 Complaint, filed by JOHNS HOPKINS UNIVERSITY.(Burck, William) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
16

REQUEST FOR SUMMONS TO ISSUE U.S. Attorney re 1 Complaint, filed by JOHNS HOPKINS UNIVERSITY. Related document: 1 Complaint, filed by JOHNS HOPKINS UNIVERSITY.(Burck, William) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
17

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(eg) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

RECAP

MINUTE ORDER. The defendants shall file any response to the plaintiff's 9 Motion for a Temporary Restraining Order by 4:00 p.m. on July 14, 2020. The Court shall hold a hearing on the motion by videoconference at 11:30 a.m. on July 15, 2020. The Courtroom Deputy will provide counsel with videoconference information separately. So Ordered by Judge Dabney L. Friedrich on July 13, 2020. (lcdlf1)

July 13, 2020

July 13, 2020

PACER
18

MOTION for Leave to File Brief as Amici Curiae in Support of Plaintiff by SIXTY INSTITUTIONS OF HIGHER EDUCATION (Attachments: # 1 Exhibit A - Amicus Brief, # 2 Text of Proposed Order)(Harrison, Lindsay) (Entered: 07/13/2020)

1 Exhibit A - Amicus Brief

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2 Text of Proposed Order

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July 13, 2020

July 13, 2020

RECAP

Set/Reset Deadlines/Hearings: Responses due by 4:00 PM 7/14/2020 Motion Hearing set for 7/15/2020 at 11:30 AM in Telephonic/VTC before Judge Dabney L. Friedrich. (zjch)

July 13, 2020

July 13, 2020

PACER

.Order

July 13, 2020

July 13, 2020

PACER

MINUTE ORDER granting the plaintiff's 4 Motion for Admission Pro Hac Vice of Attorney Kathleen M. Sullivan. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 14, 2020. (lcdlf1)

July 14, 2020

July 14, 2020

PACER

MINUTE ORDER granting the plaintiff's 5 Motion for Admission Pro Hac Vice of Attorney Crystal Nix-Hines. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 14, 2020. (lcdlf1)

July 14, 2020

July 14, 2020

PACER

MINUTE ORDER granting the plaintiff's 6 Motion for Admission Pro Hac Vice of Attorney Shon Morgan. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 14, 2020. (lcdlf1)

July 14, 2020

July 14, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

July 14, 2020

July 14, 2020

PACER

MINUTE ORDER granting the plaintiff's 7 Motion for Admission Pro Hac Vice of Attorney Marina Lev. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 14, 2020. (lcdlf1)

July 14, 2020

July 14, 2020

PACER
19

Memorandum in opposition to re 9 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MATTHEW T. ALBENCE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD WOLF. (Attachments: # 1 Proposed Order, # 2 Exhibit 1 (Jan 2020), # 3 Exhibit 2 (March 9 and March 13, 2020), # 4 Exhibit 3 (March 24, 2020), # 5 Exhibit 4 (April 2020), # 6 Exhibit 5 (July 6 message), # 7 Exhibit 6 (July 7 FAQ))(Simon, Jeremy) (Entered: 07/14/2020)

1 Proposed Order

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2 Exhibit 1 (Jan 2020)

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3 Exhibit 2 (March 9 and March 13, 2020)

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4 Exhibit 3 (March 24, 2020)

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5 Exhibit 4 (April 2020)

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6 Exhibit 5 (July 6 message)

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7 Exhibit 6 (July 7 FAQ)

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July 14, 2020

July 14, 2020

RECAP
20

SUMMONS (4) Issued Electronically as to MATTHEW T. ALBENCE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD WOLF. (Attachment: # 1 Notice and Consent)(zsb) (Entered: 07/14/2020)

1 Notice and Consent

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July 14, 2020

July 14, 2020

PACER
21

NOTICE Joint Notice Regarding July 15, 2020 Hearing by JOHNS HOPKINS UNIVERSITY (Burck, William) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

RECAP

MINUTE ORDER. Upon consideration of the parties' 21 Joint Notice, the July 15, 2020 hearing on the plaintiff's 9 Motion for a Temporary Restraining Order and Preliminary Injunction is VACATED and the plaintiff's 9 Motion for a Temporary Restraining Order and Preliminary Injunction is DENIED as moot in light of the government's decision to rescind implementation of the July 6, 2020 Policy Directive and the July 7, 2020 FAQ and return to the March 9, 2020 and March 13, 2020 policy. So Ordered by Judge Dabney L. Friedrich on July 14, 2020. (lcdlf1)

July 14, 2020

July 14, 2020

PACER

Set/Reset Deadlines/Hearings

July 14, 2020

July 14, 2020

PACER

Order on Motion for Preliminary Injunction AND Order on Motion for TRO

July 15, 2020

July 15, 2020

PACER

MINUTE ORDER. Upon consideration of the parties' 21 Joint Notice, the 13 Motion to Permit Three Declarants to Proceed by Pseudonym and the 18 Motion for Leave to File Brief as Amici Curiae in Support of Plaintiff are DENIED as moot. So Ordered by Judge Dabney L. Friedrich on July 16, 2020. (lcdlf1)

July 16, 2020

July 16, 2020

PACER

Order on Motion for Leave to File AND Order on Motion for Miscellaneous Relief

July 16, 2020

July 16, 2020

PACER
22

Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by MATTHEW T. ALBENCE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 09/16/2020)

1 Proposed Order

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Sept. 16, 2020

Sept. 16, 2020

PACER

MINUTE ORDER. Upon consideration of the defendants' 22 Consent Motion for Extension of Time, it is ORDERED that the motion is GRANTED. Accordingly, the defendants shall answer or otherwise respond to the plaintiff's complaint on or before October 6, 2020. So Ordered by Judge Dabney L. Friedrich on September 16, 2020. (lcdlf1)

Sept. 16, 2020

Sept. 16, 2020

PACER

Set/Reset Deadlines: Answer due by 10/6/2020, (zjch)

Sept. 16, 2020

Sept. 16, 2020

PACER

Order on Motion for Extension of Time to

Sept. 16, 2020

Sept. 16, 2020

PACER

Set/Reset Deadlines

Sept. 17, 2020

Sept. 17, 2020

PACER
23

MOTION to Dismiss Complaint as Moot by MATTHEW T. ALBENCE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF (Attachments: # 1 Supporting Memorandum, # 2 Proposed Order, # 3 Exhibit 1 (Broadcast Message July 24, 2020), # 4 Exhibit 2 (FAQ July 24, 2020), # 5 Exhibit 3 (ICE Newsroom Posting), # 6 Z.W. Decision (C.D.Cal) (Oct. 1, 2020))(Simon, Jeremy) (Entered: 10/06/2020)

1 Supporting Memorandum

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2 Proposed Order

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3 Exhibit 1 (Broadcast Message July 24, 2020)

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4 Exhibit 2 (FAQ July 24, 2020)

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5 Exhibit 3 (ICE Newsroom Posting)

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6 Z.W. Decision (C.D.Cal) (Oct. 1, 2020)

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Oct. 6, 2020

Oct. 6, 2020

PACER
24

NOTICE of Voluntary Dismissal by JOHNS HOPKINS UNIVERSITY (Shaffer, Derek) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER

MINUTE ORDER dismissing this case without prejudice in light of the plaintiff's 24 Notice of Voluntary Dismissal Without Prejudice. See Fed. R. Civ. P. 41(a). The Clerk of Court is directed to close this case. So Ordered by Judge Dabney L. Friedrich on October 20, 2020. (lcdlf1)

Oct. 20, 2020

Oct. 20, 2020

PACER

.Order

Oct. 20, 2020

Oct. 20, 2020

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: July 10, 2020

Closing Date: Oct. 20, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Johns Hopkins University

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Homeland Security, Federal

United States Immigration and Customs Enforcement, Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

School/University Facilities

School/University policies

Immigration/Border:

Admission - criteria

Admission - procedure

Deportation - procedure

Detention - criteria

Visas - criteria

Visas - procedures