University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Immigration Equality v. U.S. Department of Homeland Security IM-CA-0174
Docket / Court 3:20-cv-09258 ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Attorney Organization Lambda Legal
Case Summary
On December 21, 2020, nonprofit organizations that serve LGBTQIA+/H individuals filed this lawsuit against the United States Department of Homeland Security (DHS) in the U.S. District Court of the Northern District of California. Plaintiffs alleged that DHS was acting contrary to legal precedent on ... read more >
On December 21, 2020, nonprofit organizations that serve LGBTQIA+/H individuals filed this lawsuit against the United States Department of Homeland Security (DHS) in the U.S. District Court of the Northern District of California. Plaintiffs alleged that DHS was acting contrary to legal precedent on the issue of refugee policy, the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA), and the U.S. Constitution when enacting new rules regarding asylum eligibility. Plaintiffs asserted that changes to asylum rules included denying the ability for people to claim persecution on the basis of gender or interpersonal animus, which would disproportionately harm LGBTQIA+/H persons, frustrate the plaintiff organizations’ missions, and divert the plaintiff organizations’ resources toward litigation. Represented by Lambda Legal, Immigration Equality, and Kramer Levin, plaintiffs sought to vacate the rules as well as attorneys’ fees. Plaintiffs argued that the rules set forth by DHS exceeded the latter’s statutory authority, were arbitrary and capricious, and procedurally ignored public comments and the interests of other parties, all in violation of the APA. Plaintiffs additionally alleged violations of asylum seekers’ due process. Moreover, plaintiffs claimed that the rules were invalid because the Acting Secretary of Homeland Security, Chad Wolf, was without official authority. Judge Jeffrey S. White was assigned to the case.

On December 23, 2020, the court sua sponte moved to refer this case to Judge James Donato, who was assigned Pangea Legal Services v. DHS in the same district court. On December 29, 2020, following Judge Donato’s determination that the two cases were related, the case was re-assigned to him.

On January 8, 2021, the court granted a preliminary injunction in the two related cases. Reasoning that the plaintiffs demonstrated a reasonable chance of success at trial and that there was risk of irreparable harm without injunction, the court enjoined DHS from enacting the revised rules on a nationwide scale.

On January 28, 2021, the two related cases were stayed so as to allow the incoming administration to review and revise the refugee policy. That status report will be due on April 19, 2021.

Matthew Feng - 03/12/2021


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Due Process
Content of Injunction
Preliminary relief granted
Immigration/Border
Asylum - criteria
Refugees
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) U.S. Department of Homeland Security
Plaintiff Description Nonprofit organizations that serve LGBTQIA+/H immigrant populations
Indexed Lawyer Organizations Lambda Legal
Class action status sought No
Class action status outcome Not sought
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 12/21/2020
Case Ongoing Yes
Case Listing IM-CA-0173 : Pangea Legal Services v. U.S. Department of Homeland Security (N.D. Cal.)
Court Docket(s)
N.D. Cal.
02/02/2021
3:20-cv-09258-JD
IM-CA-0174-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
N.D. Cal.
12/21/2020
Complaint for Declaratory and Injunctive Relief [ECF# 1 & 1-1]
IM-CA-0174-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
01/08/2021
Order Re Preliminary Injunction [ECF# 55] (2020 WL 75756)
IM-CA-0174-0002.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Donato, James (N.D. Cal.) show/hide docs
IM-CA-0174-0002 | IM-CA-0174-9000
Plaintiff's Lawyers Crawford, Bridget A (New York) show/hide docs
IM-CA-0174-0001 | IM-CA-0174-9000
Frankel, Aaron M (New York) show/hide docs
IM-CA-0174-0001 | IM-CA-0174-9000
Gonzalez-Pagan, Omar (New York) show/hide docs
IM-CA-0174-0001 | IM-CA-0174-9000
Manes, Austin W (California) show/hide docs
IM-CA-0174-0001 | IM-CA-0174-9000
Mechanick, Chase Henry (New York) show/hide docs
IM-CA-0174-0001 | IM-CA-0174-9000
Moff, Jason Michael (New York) show/hide docs
IM-CA-0174-0001 | IM-CA-0174-9000
Pizer, Jennifer Carol (California) show/hide docs
IM-CA-0174-0001 | IM-CA-0174-9000
Saenz, Richard (New York) show/hide docs
IM-CA-0174-0001 | IM-CA-0174-9000
Trachtman, Jeffery S (New York) show/hide docs
IM-CA-0174-0001 | IM-CA-0174-9000
Defendant's Lawyers Flentje, August E. (District of Columbia) show/hide docs
IM-CA-0174-9000
Greer, Christina P. (District of Columbia) show/hide docs
IM-CA-0174-9000
Other Lawyers Dundas, Michael Joseph (California) show/hide docs
IM-CA-0174-9000
Kingsolver, Justin (District of Columbia) show/hide docs
IM-CA-0174-9000
Krumplitsch, Susan Marie (California) show/hide docs
IM-CA-0174-9000
Malouff, Marissa (California) show/hide docs
IM-CA-0174-9000
Morrison, Danielle Therease (Pennsylvania) show/hide docs
IM-CA-0174-9000
Scordino, Ellen (Massachusetts) show/hide docs
IM-CA-0174-9000
Stortz, Michael James (California) show/hide docs
IM-CA-0174-9000
Zirkelbach, Gail Debra (California) show/hide docs
IM-CA-0174-9000

- click to show/hide ALL -

new search
page permalink

- top of page -