Case: Gomez v. Trump

1:20-cv-01419 | U.S. District Court for the District of Columbia

Filed Date: May 28, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involves a dispute about visa processing. Following a March 20, 2020 decision by the State Department to cease most visa services, President Trump issued Presidential Proclamation 10014 on April 20, suspending the entry of all immigrants into the U.S. for two months, unless they qualified for an exception. Two months later, the entry suspension was extended to December 31, 2020 and expanded to include temporary nonimmigrant visas in Proclamation 10052. As a result, the State Departmen…

This case involves a dispute about visa processing. Following a March 20, 2020 decision by the State Department to cease most visa services, President Trump issued Presidential Proclamation 10014 on April 20, suspending the entry of all immigrants into the U.S. for two months, unless they qualified for an exception. Two months later, the entry suspension was extended to December 31, 2020 and expanded to include temporary nonimmigrant visas in Proclamation 10052. As a result, the State Department suspended review and adjudication of visas for non-excepted applicants (the No-Visa Policy).

Many groups were affected, including diversity lottery (DV-2020) winners who had not yet been issued a visa and who would not have their eligibility carry over into the next year, and minors who would age out of the preferential treatment for which they were eligible.

On May 28, 2020, U.S. citizens and lawful permanent residents who had sponsored noncitizen minor children or other relatives for immigrant visas filed this class action lawsuit against President Trump, the State Department, and the Department of Homeland Security in the U.S. District Court for the District of Columbia, with Judge Amit P. Mehta presiding. The plaintiffs sought a preliminary and permanent injunction preventing the government from acting to “deny or refuse consideration” of their visa petitions, a declaration that the Proclamations were unlawful, and attorney’s fees. They sued under the Administrative Procedure Act (APA) (5 U.S.C. § 706) and the Immigration and Nationality Act (8 U.S.C. §§ 1182, 1185) and alleged that the defendants’ conduct exceeded their authority and violated the plaintiffs’ rights under the Due Process Clause.

The plaintiffs moved to certify a class of visa sponsors whose beneficiaries or derivative beneficiaries were subject to the Proclamations and at risk of aging out on June 2.

On June 23, Judge Mehta denied the plaintiffs' motions for a preliminary injunction and class certification because they failed to show that a justiciable case or controversy existed. Specifically, Judge Mehta found that the plaintiffs had not shown that they faced imminent injury because some of the plaintiffs’ minor beneficiaries had successfully applied for visas under the “national interest exception” (a separate administrative procedure), and others had been unable to apply for visas for reasons unrelated to the Proclamations. 2020 WL 3429786.

The plaintiffs then amended their complaint on July 17, 2020, adding as plaintiffs corporations that were unable to hire necessary workers because workers’ visas had not been issued along with diversity visa selectees whose visas had to issue by September 30 to remain eligible for entry. They also proposed the following four subclasses:

1. Those who will be unable to receive their diversity visas before Sept. 30 deadline, and will thus be unable to immigrate.

2. Citizens who have sponsored an immediate relative who now cannot immigrate.

3. Lawful permanent residents who have an “approved immigrant visa petition for a preference relative” who, because of the Proclamations, will be unable to immigrate.

4. U.S. employers whose employees or potential employees cannot now immigrate.

Several states and the District of Columbia also filed an amicus brief arguing that immigrants were good for their economies and that the presidential action would hurt their recovery.

Three other suits filed between July 10, 2020 and August 5, 2020 were fully consolidated with this case on August 13: Aker v. Trump, No. 20-cv-1926; Mohammed v. Pompeo, No. 20-cv-1856; and Fonjong v. Trump, No. 20-cv-2128. In all of these cases, the plaintiffs were diversity visa selectees and derivative beneficiaries challenging Presidential Proclamations 10014 and 10052 under the APA; two (Mohammed and Fonjong) were filed by the same law firm.

Judge Mehta also partially consolidated Panda v. Wolf, No. 20-cv-1907, with this case to the extent that Panda raised similar issues. Panda involved an APA challenge to Proclamation 10052 but also included an equal protection argument that the government's conduct disparately impacted Indian nationals. On September 16, Judge Mehta denied the Panda plaintiffs' request for a preliminary injunction in the part of that case continuing separately. 2020 WL 5545554. The Panda plaintiffs appealed, and on September 29, Panda was stayed pending the outcome of the appeal.

Following the consolidation, many influential companies filed an amicus brief as well, arguing that they would suffer serious economic harm from the proclamations. The companies included Adobe, Amazon, Apple, Google, Microsoft, Paypal, Reddit, Twitter, Uber Technologies, and Zillow.

The plaintiffs filed a second amended complaint on August 23, 2020, adding a claim under the Mandamus Act (28 U.S.C. § 1361) and requesting that the court issue an order of mandamus requiring defendants to adjudicate visa petitions.

On September 4, 2020, Judge Mehta granted the DV-2020 plaintiffs a preliminary injunction. The defendants were ordered to “undertake good-faith efforts . . . to expeditiously process and adjudicate DV-2020 diversity visas.” Defendants were preliminarily enjoined “from interpreting and applying the COVID Guidance to DV-2020 selectees” in such a way as not to process their visas because they were not “mission critical.” The remaining motions and requests were not granted. The court also delayed certifying a class, and the non DV-2020 plaintiffs did not obtain injunctive relief because vacatur of the policy would not eliminate their family separation problem. 2020 WL 5367010.

On September 14, 2020, the court amended the preliminary injunction to prevent the State Department from waiting 14 days to issue visas to DV-2020 applicants who were inside certain COVID-affected regions because the delay served no rational purpose. 2020 WL 5886855. On September 24, 2020, non DV-2020 plaintiffs appealed to the U.S. Court of Appeals for the D.C. Circuit over the ruling against their motion for a preliminary injunction.

On September 30, 2020, the court certified a class in Gomez consisting of all “Individuals who have been selected to receive an immigrant visa through the U.S. Department of State’s FY2020 Diversity Visa Lottery and who had not received their immigrant visa on or before April 23, 2020, when the Presidential Proclamation 10014, later extended by Presidential Proclamation 10052, took effect.” But the court declined to certify a class in Aker because it was unclear how many applicants who were issued visas before the Proclamation had not been able to have them renewed, and because there was no legal impediment to renewing a visa. It also ordered the State Department to reserve 9,095 visas (calculated based on the expected reduction due to COVID-19) to correct for the loss of visas due to the illegal processing delays. 2020 WL 5861101.

This case is ongoing.

Summary Authors

Samuel Poortenga (10/2/2020)

Brillian Bao (12/28/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17202406/parties/gomez-v-trump/


Judge(s)

Bates, John D. (District of Columbia)

Attorney for Plaintiff

Banias, Bradley (South Carolina)

Barre, Abadir Jama (New York)

Attorney for Defendant
Expert/Monitor/Master/Other

Appelbaum, John M. (California)

Balderas, Hector (New Mexico)

Judge(s)

Bates, John D. (District of Columbia)

Mehta, Amit Priyavadan (District of Columbia)

show all people

Documents in the Clearinghouse

Document
1

1:20-cv-01419

Complaint

May 28, 2020

May 28, 2020

Complaint
41

1:20-cv-01419

Memorandum Opinion and Order

June 23, 2020

June 23, 2020

Order/Opinion

2020 WL 2020

1

1:20-cv-01856

Complaint for Declaratory and Injunctive Relief and for Writ of Mandamus

Mohammed v. Trump

July 10, 2020

July 10, 2020

Complaint
1

1:20-cv-01907

Complaint

Panda v. Wolf

July 14, 2020

July 14, 2020

Complaint
1

1:20-cv-01926

Complaint for Declaratory and Injunctive Relief and for Writ of Mandamus

Aker v. Trump

July 16, 2020

July 16, 2020

Complaint
26

1:20-cv-01856

Order

Mohammed v. Pompeo

Aug. 3, 2020

Aug. 3, 2020

Order/Opinion
19

1:20-cv-01926

Order

Aker v. Trump

Aug. 4, 2020

Aug. 4, 2020

Order/Opinion
1

1:20-cv-02128

Complaint for Declaratory and Injunctive Relief and for Writ of Mandamus

Fonjong v. Trump

Aug. 5, 2020

Aug. 5, 2020

Complaint
58

1:20-cv-01419

[Brief of Several States as Amici Curiae in Support of Plaintiffs]

Aug. 7, 2020

Aug. 7, 2020

Pleading / Motion / Brief
82

1:20-cv-01419

Amicus Brief of Leading Companies and Business Organizations in Support of Plaintiffs' Motion for Preliminary Injunction

Aug. 12, 2020

Aug. 12, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17202406/gomez-v-trump/

Last updated March 17, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against WILLIAM BARR, MICHAEL POMPEO, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE, CHAD WOLF ( Filing fee $ 400 receipt number ADCDC-7171161) filed by VICENTA S., MIRNA S., DOMINGO ARREGUIN GOMEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Trump, # 3 Summons Barr, # 4 Summons Dept. of State, # 5 Summons Pompeo, # 6 Summons Dept. of Homeland Security, # 7 Summons Wolf, # 8 Summons U.S. Attorney)(Pincus, Andrew) (Entered: 05/28/2020)

1 Civil Cover Sheet

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2 Summons Trump

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3 Summons Barr

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4 Summons Dept. of State

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5 Summons Pompeo

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6 Summons Dept. of Homeland Security

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7 Summons Wolf

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8 Summons U.S. Attorney

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May 28, 2020

May 28, 2020

Clearinghouse
2

NOTICE OF RELATED CASE by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S.. Case related to Case No. 20-cv-718. (Pincus, Andrew) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
3

NOTICE of Appearance by Jesse Matthew Bless on behalf of All Plaintiffs (Bless, Jesse) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER

Case Assigned to Judge Amit P. Mehta. (adh, )

May 29, 2020

May 29, 2020

PACER
4

SUMMONS (7) Issued Electronically as to WILLIAM BARR, MICHAEL POMPEO, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE, CHAD WOLF, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nadia H. Dahab, Filing fee $ 100, receipt number ADCDC-7175389. Fee Status: Fee Paid. by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Bless, Jesse) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephen W. Manning, Filing fee $ 100, receipt number ADCDC-7175415. Fee Status: Fee Paid. by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Bless, Jesse) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

RECAP
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Tess Hellgren, Filing fee $ 100, receipt number ADCDC-7175424. Fee Status: Fee Paid. by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Bless, Jesse) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER

MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Attorney Nadia Halima Dahab is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 5/29/2020. (lcapm1)

May 29, 2020

May 29, 2020

PACER

MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Attorney Stephen W. Manning is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 5/29/2020. (lcapm1)

May 29, 2020

May 29, 2020

PACER

MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Attorney Tess Hellgren is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 5/29/2020. (lcapm1)

May 29, 2020

May 29, 2020

PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew D. Ingber, Filing fee $ 100, receipt number ADCDC-7176101. Fee Status: Fee Paid. by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Attachments: # 1 Declaration of Matthew D. Ingber, # 2 Text of Proposed Order)(Pincus, Andrew) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cleland B. Welton II, Filing fee $ 100, receipt number ADCDC-7176117. Fee Status: Fee Paid. by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Attachments: # 1 Declaration of Cleland B. Welton II, # 2 Text of Proposed Order)(Pincus, Andrew) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER

MINUTE ORDER granting 8 Motion for Leave to Appear Pro Hac Vice. Attorney Matthew D. Ingber is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 5/29/2020. (lcapm1)

May 29, 2020

May 29, 2020

PACER

MINUTE ORDER granting 9 Motion for Leave to Appear Pro Hac Vice. Attorney Cleland B. Welton II is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 5/29/2020. (lcapm1)

May 29, 2020

May 29, 2020

PACER
10

MOTION to Proceed Under Pseudonym by MIRNA S., VICENTA S. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Pincus, Andrew) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Esther H. Sung, Filing fee $ 100, receipt number ADCDC-7176410. Fee Status: Fee Paid. by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Bless, Jesse) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
12

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Karen C. Tumlin, Filing fee $ 100, receipt number ADCDC-7176416. Fee Status: Fee Paid. by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Bless, Jesse) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER

MINUTE ORDER granting 11, 12 Motions for Leave to Appear Pro Hac Vice. Attorneys Esther H. Sung and Karen C. Tumlin are hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 6/1/2020. (lcapm1)

June 1, 2020

June 1, 2020

PACER
13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Laboni A. Hoq, Filing fee $ 100, receipt number ADCDC-7181157. Fee Status: Fee Paid. by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Bless, Jesse) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
14

ERRATA re 13 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Laboni A. Hoq, Filing fee $ 100, receipt number ADCDC-7181157. Fee Status: Fee Paid. by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Bless, Jesse) Modified docket event/text on 6/2/2020 (eg). (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
15

NOTICE of Appearance by Esther H. Sung on behalf of All Plaintiffs (Sung, Esther) (Main Document 15 replaced on 6/5/2020) (zeg). (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
16

NOTICE Regarding Exhibits to Complaint by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. re 1 Complaint,, (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pincus, Andrew) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
17

NOTICE of Appearance by Matthew David Ingber on behalf of DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Ingber, Matthew) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER

MINUTE ORDER granting 13 Motion for Leave to Appear Pro Hac Vice. Attorney Laboni A. Hoq is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 6/2/2020. (lcapm1)

June 2, 2020

June 2, 2020

PACER
18

NOTICE of Appearance by Cleland B. Welton, II on behalf of DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Welton, Cleland) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
19

NOTICE of Appearance by Karen C. Tumlin on behalf of All Plaintiffs (Tumlin, Karen) (Main Document 19 replaced on 6/5/2020) (zeg). (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
20

MOTION to Certify Class by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Attachments: # 1 Text of Proposed Order)(Bless, Jesse) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
21

Emergency MOTION for Temporary Restraining Order by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Attachments: # 1 Local Civil Rule 65.1(a) Statement, # 2 Exhibit A - Declaration of Charles Wheeler, # 3 Exhibit B - Declaration of Stephen W. Manning, # 4 Exhibit A to the Manning Declaration, # 5 Exhibit B to the Manning Declaration, # 6 Exhibit C to the Manning Declaration, # 7 Exhibit D to the Manning Declaration, # 8 Exhibit E to the Manning Declaration, # 9 Exhibit C - Declaration of Mirna S., # 10 Exhibit D - Declaration of Michael J. Eatroff, # 11 Exhibit E - Declaration of M.T.S., # 12 Exhibit A to the M.T.S. Declaration, # 13 Exhibit B to the M.T.S. Declaration, # 14 Exhibit F - Declaration of Domingo Arreguin Gomez, # 15 Exhibit G - Declaration of Monica Tay Belej, # 16 Exhibit H - Declaration of Vicenta S., # 17 Exhibit I - Affidavit of Brian J. Blackford, # 18 Text of Proposed Order)(Pincus, Andrew) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
22

Emergency MOTION to Expedite Defendants' Time to Respond to Plaintiffs' Motion for a Temporary Restraining Order and For Expedited Decision by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Attachments: # 1 Text of Proposed Order)(Pincus, Andrew) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
23

NOTICE of Appearance by William Chang on behalf of All Defendants (Chang, William) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER

MINUTE ORDER. The parties shall appear for a telephonic status conference at 4:45 p.m. today, June 3, 2020. The courtroom deputy will circulate dial-in information to counsel. Members of the public or media may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. Signed by Judge Amit P. Mehta on 6/3/2020. (lcapm1)

June 3, 2020

June 3, 2020

PACER
24

NOTICE of Appearance by Stephen Manning on behalf of All Plaintiffs (Manning, Stephen) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
25

NOTICE of Appearance by Tess Hellgren on behalf of All Plaintiffs (Hellgren, Tess) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER

Minute Entry for proceedings held before Judge Amit P. Mehta: Telephonic Status Conference held on 6/3/2020. Telephonic Status Conference set for 6/4/2020 at 5:30 PM before Judge Amit P. Mehta. (Court Reporter: William Zaremba) (zjd)

June 3, 2020

June 3, 2020

PACER

Minute Entry for proceedings held before Judge Amit P. Mehta: Telephone Conference held on 6/4/2020. Opposition with respect to specified plaintiffs due by 6/8/2020. Oppositions to Motions for TRO and Class Certification due by 6/12/2020. Replies due by 6/15/2020. (Court Reporter: William Zaremba) (zjd)

June 4, 2020

June 4, 2020

PACER

MINUTE ORDER granting Plaintiffs' 10 Motion for Leave to Proceed Under Pseudonym. Plaintiffs Mirna S. and Vicenta S. are permitted to proceed under pseudonyms and without providing their personal residential addresses. Signed by Judge Amit P. Mehta on 6/5/2020. (lcapm1).

June 5, 2020

June 5, 2020

PACER
26

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/1/2020. Answer due for ALL FEDERAL DEFENDANTS by 7/31/2020. (Pincus, Andrew) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
27

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/5/2020. (Pincus, Andrew) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER

MINUTE ORDER. The parties shall appear for a telephonic status conference at 5:00 p.m. today, June 5, 2020. The dial-in credentials are the same. Members of the public or media may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. Signed by Judge Amit P. Mehta on 6/5/2020. (lcapm1)

June 5, 2020

June 5, 2020

PACER

Set/Reset Hearings: Telephone Conference set for 6/5/2020 at 5:00 PM before Judge Amit P. Mehta. (zjd)

June 5, 2020

June 5, 2020

PACER

Minute Entry for proceedings held before Judge Amit P. Mehta: Telephone Conference held on 6/5/2020. (Court Reporter: William Zaremba) (zjd)

June 5, 2020

June 5, 2020

PACER
28

NOTICE of Appearance by Thomas Benton York on behalf of All Defendants (York, Thomas) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
29

NOTICE of Appearance by James Wen on behalf of All Defendants (Wen, James) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER

Set/Reset Deadlines: Surreply due by 6/22/2020. (zgdf)

June 11, 2020

June 11, 2020

PACER
30

Memorandum in opposition to re 21 Emergency MOTION for Temporary Restraining Order DEFENDANTS' OPPOSITION TO PLAINTIFFS EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER filed by WILLIAM BARR, MICHAEL POMPEO, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE, CHAD WOLF. (Attachments: # 1 Exhibit Ex 1 Proclamation 10014 (Federal Register), # 2 Exhibit Ex 2 Marwaha Declaration, # 3 Exhibit Ex 3 Dus Declaration, # 4 Exhibit Ex 4 Second Dus Declaration, # 5 Exhibit Ex 5 Bent Declaration)(Wen, James) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
31

NOTICE of Appearance by Nadia H. Dahab on behalf of All Plaintiffs (Dahab, Nadia) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
32

Memorandum in opposition re 20 MOTION to Certify Class filed by WILLIAM BARR, MICHAEL POMPEO, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE, CHAD WOLF. (Attachments: # 1 Exhibit 1 - Proclamation, # 2 Exhibit 2 - Marwaha Declaration, # 3 Exhibit 3 - Dus Declaration, # 4 Exhibit 4 - Second Dus Declaration, # 5 Exhibit 5 - Bent Declaration)(York, Thomas) Modified docket event/text on 6/15/2020 (eg). (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
33

Unopposed MOTION for Leave to File Memorandum of Law in Support of Defendants as Amicus Curiae by IMMIGRATION REFORM LAW INSTITUTE (Attachments: # 1 Exhibit Proposed Amicus Memo of Law, # 2 Text of Proposed Order proposed order)(Joseph, Lawrence) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER

MINUTE ORDER granting 33 Motion for Leave to File Memorandum of Law in Support of Defendants as Amicus Curiae. The Clerk is directed to file Immigration Reform Law Institute's brief submitted with the Motion for Leave to File. Signed by Judge Amit P. Mehta on 6/15/2020. (lcapm1)

June 15, 2020

June 15, 2020

PACER
34

Emergency MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Certify Class, 21 Emergency MOTION for Temporary Restraining Order (Unopposed) by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Attachments: # 1 Text of Proposed Order)(Pincus, Andrew) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER

MINUTE ORDER granting Plaintiffs' 34 motion to extend the deadline to submit their reply briefs in further support of the pending motions. Plaintiffs' reply briefs shall be filed by June 16, 2020. The hearing on the pending motions is hereby rescheduled for June 18, 2020, at 2:00 p.m. Signed by Judge Amit P. Mehta on 6/15/2020. (lcapm1) Modified on 6/15/2020 (lczh).

June 15, 2020

June 15, 2020

PACER

Set/Reset Deadlines/Hearings: Plaintiffs' Reply Briefs due by 6/16/2020. Motion Hearing set for 6/18/2020 at 2:00 PM via video conference before Judge Amit P. Mehta. The courtroom deputy shall circulate dial-in information to counsel. Members of the public or media may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. (zjd)

June 15, 2020

June 15, 2020

PACER
35

AMICUS BRIEF by IMMIGRATION REFORM LAW INSTITUTE. (eg) (Entered: 06/16/2020)

June 15, 2020

June 15, 2020

PACER
36

REPLY to opposition to motion re 20 MOTION to Certify Class filed by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S.. (Dahab, Nadia) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
37

REPLY to opposition to motion re 21 Emergency MOTION for Temporary Restraining Order filed by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S.. (Attachments: # 1 Declaration of Brian J. Blackford, # 2 Exhibit 1 to Declaration of Brian J. Blackford, # 3 Declaration of Alondra Ramos Flores)(Pincus, Andrew) (Entered: 06/16/2020)

1 Declaration of Brian J. Blackford

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2 Exhibit 1 to Declaration of Brian J. Blackford

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3 Declaration of Alondra Ramos Flores

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June 16, 2020

June 16, 2020

RECAP

MINUTE ORDER. Defendants may, if they wish, file a surreply brief of no more than ten double-spaced pages (excluding exhibits) by 12:00 pm on June 18, 2020, which addresses Plaintiffs' contentions that (1) Vincenta S. has standing to sue, and (2) Plaintiffs' Class Claims are not moot. Signed by Judge Amit P. Mehta on 6/17/2020. (lcapm1)

June 17, 2020

June 17, 2020

PACER
38

SURREPLY to re 20 MOTION to Certify Class, 21 Emergency MOTION for Temporary Restraining Order filed by WILLIAM BARR, MICHAEL POMPEO, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE, CHAD WOLF. (York, Thomas) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER

Minute Entry for proceedings held before Judge Amit P. Mehta: Motion Hearing held on 6/18/2020 re 20 Motion to Certify Class and 21 Motion for Temporary Restraining Order. Arguments heard and taken under advisement. (Court Reporter: William Zaremba) (zjd)

June 18, 2020

June 18, 2020

PACER
39

NOTICE of Appearance by Christopher Thomas Lyerla on behalf of All Defendants (Lyerla, Christopher) (Main Document 39 replaced on 6/26/2020) (zeg). (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
40

NOTICE AND REQUEST FOR STATUS CONFERENCE by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S. (Attachments: # 1 Exhibit A)(Pincus, Andrew) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
41

MEMORANDUM OPINION AND ORDER denying Plaintiffs' 21 Motion for Temporary Restraining Order, and denying Plaintiffs' 20 Motion for Class Certification. The parties shall provide the court with a joint status report by June 25, 2020, updating the court on the status of W.Z.A.'s visa application. See the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 6/23/2020. (lcapm1) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

Clearinghouse

Set/Reset Deadlines: Joint Status Report due by 6/25/2020 (zjd)

June 23, 2020

June 23, 2020

PACER

NOTICE of Hearing: Telephone Conference set for 6/24/2020 at 4:00 PM before Judge Amit P. Mehta. Members of the public or media may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. (zjd)

June 24, 2020

June 24, 2020

PACER

Set/Reset Hearings: Telephone Conference reset to 6/24/2020 at 3:30 PM before Judge Amit P. Mehta. (zjd)

June 24, 2020

June 24, 2020

PACER

Minute Entry for proceedings held before Judge Amit P. Mehta: Telephone Conference held on 6/24/2020. (Court Reporter: William Zaremba) (zjd)

June 24, 2020

June 24, 2020

PACER
42

NOTICE of Appearance by Laboni Hoq on behalf of All Plaintiffs (Hoq, Laboni) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
43

Joint STATUS REPORT by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S.. (Pincus, Andrew) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
44

TRANSCRIPT OF MOTION HEARING VIA VIDEOCONFERENCE PROCEEDINGS before Judge Amit P. Mehta held on June 18, 2020; Page Numbers: 1-72. Date of Issuance: June 26, 2020. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purcha sed from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/17/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/24/2020.(wz) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER

Set/Reset Hearings: Motion Hearing set for 7/14/2020 at 10:30 AM in Telephonic/VTC before Judge Ellen S. Huvelle. (zgdf)

June 27, 2020

June 27, 2020

PACER
45

PROPOSED BRIEFING SCHEDULE by DOMINGO ARREGUIN GOMEZ, MIRNA S., VICENTA S.. (Pincus, Andrew) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER

MINUTE ORDER. Plaintiffs shall file their Amended Complaint by July 17, 2020, and Defendants shall file their answer or motion by September 17, 2020. Signed by Judge Amit P. Mehta on 7/2/2020. (lcapm1).

July 2, 2020

July 2, 2020

PACER

Set/Reset Deadlines: Amended Complaint due by 7/17/2020. Responsive Pleading due by 9/17/2020. (zjd)

July 2, 2020

July 2, 2020

PACER

MINUTE ORDER Setting Hearing on Motions: It is hereby ORDERED that a hearing on all pending motions, to be conducted by video/teleconference, is set for 7/16/2020 at 02:30 PM before Judge Ellen S. Huvelle. The Courtroom Deputy email counsel with instructions for joining the video/teleconference. Signed by Judge Ellen S. Huvelle on July 8, 2020. (AG)

July 8, 2020

July 8, 2020

PACER

Set/Reset Hearings: Motion Hearing set for 7/16/2020 at 2:30 PM via videoconference before Judge Ellen S. Huvelle. (zgdf)

July 8, 2020

July 8, 2020

PACER

Minute Entry for Video/Telephonic Motion Hearing proceedings held on 7/16/2020 before Judge Ellen S. Huvelle as to re 4 MOTION for Summary Judgment; 5 MOTION to Certify Class and to Appoint Class Counsel and MOTION to Appoint Lead Counsel; 19 Cross MOTION for Summary Judgment. Oral argument heard and motions taken under advisement. (Court Reporter Lisa Griffith) (zgdf)

July 16, 2020

July 16, 2020

PACER
46

AMENDED COMPLAINT against WILLIAM BARR, MICHAEL POMPEO, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE, CHAD WOLF filed by MIRNA S., DOMINGO ARREGUIN GOMEZ, VICENTA S., 3Q DIGITAL, CARMEN LIGIA VIDAL PIMENTEL, IWUNDU EPOUSE KOUADIO IJEOMA GOLDEN, FARANGIS KURBONOVA, ASSE INTERNATIONAL, INC., CLAUDIO ALEJANDRO SARNIGUET JIMENEZ, SUPERIOR SCAPE, INC., NAZIF ALAM, SHIPCO TRANSPORT, INC., NANCY ABARCA, ANGELA SINON, POWERTRUNK, INC., M.S., EURAUPAIR INTERNATIONAL, INC., DANIEL CHIBUNDU NWANKWO, JODI LYNN KARPES, FATMA BUSHATI, AYA NAKAMURA, JUAN CARLOS ROSARIO LEBRON, LOIDA PHELPS, SEIU COMMITTEE OF INTERNS AND RESIDENTS, SHYAM SUNDAR KOIRALA, AJA TAMAMU MARIAMA KINTEH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Pincus, Andrew) (Entered: 07/17/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

10 Exhibit J

View on PACER

11 Exhibit K

View on PACER

12 Exhibit L

View on PACER

13 Exhibit M

View on PACER

14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

View on PACER

July 17, 2020

July 17, 2020

Clearinghouse
47

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jordan Cunnings, Filing fee $ 100, receipt number ADCDC-7366438. Fee Status: Fee Paid. by 3Q DIGITAL, NANCY ABARCA, NAZIF ALAM, ASSE INTERNATIONAL, INC., FATMA BUSHATI, EURAUPAIR INTERNATIONAL, INC., IWUNDU EPOUSE KOUADIO GOLDEN, DOMINGO ARREGUIN GOMEZ, CLAUDIO ALEJANDRO SARNI JIMENEZ, JODI LYNN KARPES, AJA TAMAMU MARIAMA KINTEH, SHYAM SUNDAR KOIRALA, FARANGIS KURBONOVA, JUAN CARLOS ROSARIO LEBRON, M.S., AYA NAKAMURA, DANIEL CHIBUNDU NWANKWO, LOIDA PHELPS, CARMEN LIGIA VIDAL PIMENTEL, POWERTRUNK, INC., MIRNA S., VICENTA S., SEIU COMMITTEE OF INTERNS AND RESIDENTS, SHIPCO TRANSPORT, INC., ANGELA SINON, SUPERIOR SCAPE, INC. (Attachments: # 1 Declaration of Jordan Cunnings, # 2 Text of Proposed Order)(Pincus, Andrew) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
48

NOTICE of Voluntary Dismissal re Plaintiffs Domingo Arreguin Gomez, Mirna S., and Vicenta S. and Advising Court that Plaintiff Mohamed Saleh, Identified as M.S., No Longer Seeks to Proceed Under Pseudonym (Pincus, Andrew) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER

MINUTE ORDER granting 47 Motion for Leave to Appear Pro Hac Vice. Attorney Jordan Cunnings is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 7/22/2020. (lcapm1)

July 22, 2020

July 22, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

July 22, 2020

July 22, 2020

PACER
49

NOTICE of Voluntary Dismissal re Farangis Kurbonova (Pincus, Andrew) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
50

MOTION to Consolidate Cases by WILLIAM BARR, MICHAEL POMPEO, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE, CHAD WOLF (Lyerla, Christopher) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

RECAP

MINUTE ORDER. Plaintiffs shall file their opposition to Defendants' 50 Motion to Consolidate by August 3, 2020, at 10:00 a.m. Signed by Judge Amit P. Mehta on 7/30/2020. (lcapm1)

July 30, 2020

July 30, 2020

PACER

Set/Reset Deadlines: Opposition due by 8/3/2020 at 10:00 a.m. (zjd)

July 30, 2020

July 30, 2020

PACER
51

NOTICE of Appearance by Jordan Elizabeth Cunnings on behalf of All Plaintiffs (Cunnings, Jordan) (Main Document 51 replaced on 7/30/2020) (zeg). (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER

.Order

July 30, 2020

July 30, 2020

PACER

Set/Reset Deadlines

July 30, 2020

July 30, 2020

PACER
52

MOTION to Certify Class by 3Q DIGITAL, NANCY ABARCA, NAZIF ALAM, ASSE INTERNATIONAL, INC., FATMA BUSHATI, EURAUPAIR INTERNATIONAL, INC., IWUNDU EPOUSE KOUADIO GOLDEN, DOMINGO ARREGUIN GOMEZ, CLAUDIO ALEJANDRO SARNI JIMENEZ, JODI LYNN KARPES, AJA TAMAMU MARIAMA KINTEH, SHYAM SUNDAR KOIRALA, FARANGIS KURBONOVA, JUAN CARLOS ROSARIO LEBRON, M.S., AYA NAKAMURA, DANIEL CHIBUNDU NWANKWO, LOIDA PHELPS, CARMEN LIGIA VIDAL PIMENTEL, POWERTRUNK, INC., MIRNA S., VICENTA S., SEIU COMMITTEE OF INTERNS AND RESIDENTS, SHIPCO TRANSPORT, INC., ANGELA SINON, SUPERIOR SCAPE, INC. (Attachments: # 1 Text of Proposed Order)(Dahab, Nadia) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
53

MOTION for Preliminary Injunction by 3Q DIGITAL, NANCY ABARCA, NAZIF ALAM, ASSE INTERNATIONAL, INC., FATMA BUSHATI, EURAUPAIR INTERNATIONAL, INC., IWUNDU EPOUSE KOUADIO GOLDEN, DOMINGO ARREGUIN GOMEZ, CLAUDIO ALEJANDRO SARNI JIMENEZ, JODI LYNN KARPES, AJA TAMAMU MARIAMA KINTEH, SHYAM SUNDAR KOIRALA, FARANGIS KURBONOVA, JUAN CARLOS ROSARIO LEBRON, M.S., AYA NAKAMURA, DANIEL CHIBUNDU NWANKWO, LOIDA PHELPS, CARMEN LIGIA VIDAL PIMENTEL, POWERTRUNK, INC., MIRNA S., VICENTA S., SEIU COMMITTEE OF INTERNS AND RESIDENTS, SHIPCO TRANSPORT, INC., ANGELA SINON, SUPERIOR SCAPE, INC. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Declaration of Nancy Abarca, # 10 Declaration of MD Nazif Alam, # 11 Declaration of Fatma Bushati, # 12 Declaration of Scott Corley, # 13 Declaration of Ralph DeRosa, # 14 Declaration of William J. Gustafson, # 15 Declaration of Jennifer Hunt, # 16 Declaration of Iwundu Epouse Kouadio Ijeoma Golden, # 17 Declaration of Klaus H. Jepsen, # 18 Declaration of Claudio Alejandro Sarniguet Jimenez, # 19 Declaration of Jodi Lynn Karpes, # 20 Declaration of Aja Tamamu Mariama Kinteh, # 21 Declaration of Shyam Sundar Koirala, # 22 Declaration of Leighton Ku, # 23 Declaration of Juan Carlos Rosario Lebron, # 24 Declaration of Jose Martin, # 25 Declaration of Aya Nakamura, # 26 Declaration of Terry Newman, # 27 Declaration of Alex Nowrasteh, # 28 Declaration of Daniel Chibundu Nwankwo, # 29 Declaration of Giovanni Peri, # 30 Declaration of Loida Phelps, # 31 Declaration of Carmen Ligia Vidal Pimentel, # 32 Declaration of Laura Rodnitzky, # 33 Declaration of Mohamed Saleh, # 34 Declaration of Angela Sinon, # 35 Declaration of Chad Sparber, # 36 Text of Proposed Order)(Pincus, Andrew) (Entered: 07/31/2020)

1 Memorandum in Support

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Declaration of Nancy Abarca

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10 Declaration of MD Nazif Alam

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11 Declaration of Fatma Bushati

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12 Declaration of Scott Corley

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13 Declaration of Ralph DeRosa

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14 Declaration of William J. Gustafson

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15 Declaration of Jennifer Hunt

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16 Declaration of Iwundu Epouse Kouadio Ijeoma Golden

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17 Declaration of Klaus H. Jepsen

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18 Declaration of Claudio Alejandro Sarniguet Jimenez

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19 Declaration of Jodi Lynn Karpes

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20 Declaration of Aja Tamamu Mariama Kinteh

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21 Declaration of Shyam Sundar Koirala

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22 Declaration of Leighton Ku

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23 Declaration of Juan Carlos Rosario Lebron

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24 Declaration of Jose Martin

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25 Declaration of Aya Nakamura

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26 Declaration of Terry Newman

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27 Declaration of Alex Nowrasteh

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28 Declaration of Daniel Chibundu Nwankwo

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29 Declaration of Giovanni Peri

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30 Declaration of Loida Phelps

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31 Declaration of Carmen Ligia Vidal Pimentel

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32 Declaration of Laura Rodnitzky

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33 Declaration of Mohamed Saleh

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34 Declaration of Angela Sinon

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35 Declaration of Chad Sparber

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36 Text of Proposed Order

View on PACER

July 31, 2020

July 31, 2020

Clearinghouse
54

Memorandum in opposition to re 50 MOTION to Consolidate Cases filed by 3Q DIGITAL, NANCY ABARCA, NAZIF ALAM, ASSE INTERNATIONAL, INC., FATMA BUSHATI, EURAUPAIR INTERNATIONAL, INC., IWUNDU EPOUSE KOUADIO GOLDEN, DOMINGO ARREGUIN GOMEZ, CLAUDIO ALEJANDRO SARNI JIMENEZ, JODI LYNN KARPES, AJA TAMAMU MARIAMA KINTEH, SHYAM SUNDAR KOIRALA, FARANGIS KURBONOVA, JUAN CARLOS ROSARIO LEBRON, M.S., AYA NAKAMURA, DANIEL CHIBUNDU NWANKWO, LOIDA PHELPS, CARMEN LIGIA VIDAL PIMENTEL, POWERTRUNK, INC., MIRNA S., VICENTA S., SEIU COMMITTEE OF INTERNS AND RESIDENTS, SHIPCO TRANSPORT, INC., ANGELA SINON, SUPERIOR SCAPE, INC.. (Attachments: # 1 Text of Proposed Order)(Pincus, Andrew) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
55

First MOTION for Extension of Time to File Response/Reply as to 53 MOTION for Preliminary Injunction, 52 MOTION to Certify Class by WILLIAM BARR, MICHAEL POMPEO, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE, CHAD F. WOLF (Attachments: # 1 Text of Proposed Order Granting Extension)(York, Thomas) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
56

Memorandum in opposition to re 55 First MOTION for Extension of Time to File Response/Reply as to 53 MOTION for Preliminary Injunction, 52 MOTION to Certify Class filed by 3Q DIGITAL, NANCY ABARCA, NAZIF ALAM, ASSE INTERNATIONAL, INC., FATMA BUSHATI, EURAUPAIR INTERNATIONAL, INC., IWUNDU EPOUSE KOUADIO GOLDEN, DOMINGO ARREGUIN GOMEZ, CLAUDIO ALEJANDRO SARNI JIMENEZ, JODI LYNN KARPES, AJA TAMAMU MARIAMA KINTEH, SHYAM SUNDAR KOIRALA, FARANGIS KURBONOVA, JUAN CARLOS ROSARIO LEBRON, M.S., AYA NAKAMURA, DANIEL CHIBUNDU NWANKWO, LOIDA PHELPS, CARMEN LIGIA VIDAL PIMENTEL, POWERTRUNK, INC., MIRNA S., VICENTA S., SEIU COMMITTEE OF INTERNS AND RESIDENTS, SHIPCO TRANSPORT, INC., ANGELA SINON, SUPERIOR SCAPE, INC.. (Attachments: # 1 Declaration of Cleland B. Welton II, # 2 Exhibit A, # 3 Text of Proposed Order)(Pincus, Andrew) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER

MINUTE ORDER. The parties in Aker v. Trump, 20-cv-1926; Mohammed v. Pompeo, 20-cv-1856; and Gomez v. Trump, 20-cv-1419, shall appear for a telephonic scheduling hearing on August 7, 2020, at 10:00 a.m. In advance of the hearing, the parties shall meet and confer about a schedule on the pending motions for preliminary injunction and discuss whether case consolidation at least with respect to the diversity immigrant visa plaintiffs is warranted. The courtroom deputy shall circulate dial-in information to counsel. Members of the public or media who wish to access the hearing may dial the court's toll-free public access line: (877) 848-7030, access code 321-8747. Signed by Judge Amit P. Mehta on 8/5/2020. (lcapm1)

Aug. 5, 2020

Aug. 5, 2020

PACER

Set/Reset Hearings: Telephonic Status Conference set for 8/7/2020 at 10:00 AM before Judge Amit P. Mehta. (zjd)

Aug. 5, 2020

Aug. 5, 2020

PACER

Minute Entry for Telephone Conference held on 8/7/2020 before Judge Amit P. Mehta. Governments' Responses due by 8/18/2020. Plaintiffs' Replies due by 8/24/2020. Motion Hearing set for 8/27/2020 at 1:00 PM in Telephonic/VTC before Judge Amit P. Mehta. Status Conference set for 8/12/2020 at 11:30 AM in Telephonic/VTC before Judge Amit P. Mehta. Court Reporter William Zaremba. (zjch)

Aug. 7, 2020

Aug. 7, 2020

PACER

MINUTE ORDER. Four actions currently pending before the court involve common questions of law and fact: Gomez v. Trump, 20-cv-1419; Mohammed v. Pompeo, 20-cv-1856; Aker v. Trump, 20-cv-1926; and Fonjong v. Trump, 20-cv-2128. Accordingly, the court grants Defendants' 50 Motion to Consolidate Cases, and orders that the four matters be consolidated pursuant to Federal Rule of Civil Procedure 42(a). It is further ordered that the Clerk's Office close Mohammed v. Pompeo, Aker v. Trump, and Funjong v. Trump, and transfer plaintiffs and counsel in those cases to Gomez v. Trump. It is further ordered that all filings with this Court shall be filed only in Gomez v. Trump. Signed by Judge Amit P. Mehta on 8/7/2020. (lcapm1)

Aug. 7, 2020

Aug. 7, 2020

PACER
57

ORDER granting in part and denying in part Defendants' 55 Motion for Extension of Time to Respond to Plaintiffs' Motion for A Preliminary Injunction, and setting the schedule for further proceedings in this consolidated matter. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 8/7/2020. (lcapm1) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

RECAP
58

AMICUS BRIEF by STATE OF NEW YORK, STATE OF CALIFORNIA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, STATE OF HAWAII, STATE OF ILLINOIS, STATE OF MAINE, STATE OF MARYLAND, COMMONWEALTH OF MASSACHUSETTS, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF OREGON, COMMONWEALTH OF PENNSYLVANIA, STATE OF RHODE ISLAND, STATE OF VERMONT, COMMONWEALTH OF VIRGINIA, STATE OF WASHINGTON, STATE OF WISCONSIN, DISTRICT OF COLUMBIA. (Murdukhayeva, Ester) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

Clearinghouse
59

First MOTION for Leave to File Amicus Brief by GREGORY SISKIND, JOHNNA MAIN BAILEY, CHARLES KUCK (Kuck, Charles) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 28, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals and corporations who have been unable to gain visas for themselves or others due to Presidential Proclamations 10014 and 10052. Class Definition: “Individuals who have been selected to receive an immigrant visa through the U.S. Department of State’s FY2020 Diversity Visa Lottery and who had not received their immigrant visa on or before April 23, 2020, when the Presidential Proclamation 10014, later extended by Presidential Proclamation 10052, took effect.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

American Immigration Lawyers Association (AILA)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States (- United States (national) -), Federal

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

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

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Mandamus, 28 U.S.C. § 1361

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Right to travel

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - 2021

Content of Injunction:

Preliminary relief granted

Issues

General:

Family reunification

Government services

Juveniles

Wait lists

Discrimination-basis:

Immigration status

National origin discrimination

COVID-19:

Mitigation Granted

Mitigation Requested

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Employment

Family Separation

Refugees

Undocumented immigrants - rights and duties

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Indian