Case: Lui v. Holder

2:11-cv-01267 | U.S. District Court for the Central District of California

Filed Date: Feb. 10, 2011

Closed Date: 2013

Clearinghouse coding complete

Case Summary

This is a case about the immigration consequences of a same-sex marriage between a U.S. citizen and an alien -- here, a citizen of Indonesia. The Indonesian citizen, apparently facing removal proceedings, was the subject of a Board of Immigration Appeals (BIA) decision against him. There seem not to be any publicly available documents that clarify the grounds of that decision. But in any event, prior to the appeal of the adverse BIA decision to the Court of Appeals for the Ninth Circuit (whi…

This is a case about the immigration consequences of a same-sex marriage between a U.S. citizen and an alien -- here, a citizen of Indonesia.

The Indonesian citizen, apparently facing removal proceedings, was the subject of a Board of Immigration Appeals (BIA) decision against him. There seem not to be any publicly available documents that clarify the grounds of that decision. But in any event, prior to the appeal of the adverse BIA decision to the Court of Appeals for the Ninth Circuit (which was filed in July 2, 2009, under appeal number 09-72068), the couple married in Massachusetts on April 9, 2009. On the same day, the U.S. citizen filed an I-130 petition on behalf of the Indonesian citizen with U.S. Citizenship and Immigration Services (USCIS) California Service Center. The petition sought permission for the Indonesian citizen to immigrate, as an immediate relative of the U.S. citizen. On August 28, 2009, USCIS denied that I-130 petition; plaintiff appealed to the BIA. (The earlier 9th Circuit appeal was stayed, while the BIA considered the matter.) On January 20, 2011, the BIA dismissed Plaintiffs' appeal of the I-130 Petition Denial.

Plaintiffs then brought this case in the U.S. District Court for the Central District of California, claiming that the U.S.'s refusal to grant the Petition on the basis of Plaintiffs' same-sex marriage constitutes sex discrimination in violation of the Immigration and Nationality Act (INA) anti-discrimination provision, 8 U.S.C. § 1152(a)(1)(A), and that Defendants' application of definition of marriage from the federal Defense of Marriage Act, in making the determination that a same-sex spouse is not an "immediate relative" for I-130 petition purposes, violated their constitutional due process and equal protection rights.

The U.S. opposed the suit, taking the position that refusal to credit the validity of same-sex marriages did not violate the INA. However, because the Obama administration had previously announced that it would enforce but not defend the constitutionality of the federal Defense of Marriage Act, the "Bipartisan Legal Advisory Group" (BLAG) appeared for the U.S. House of Representatives as an intervenor, and filed its opposition to Plaintiffs' constitutional challenge to DOMA.

On September 28, 2011, the District Court (Stephen Wilson, J.) rejected the plaintiffs' claims and dismissed the suit, without prejudice. The court held that it was bound by the 9th Circuit precedent of Adams v. Howerton, 673 F.2d 1036 (9th Cir. 1982), which also involved an I-130 immediate relative petition filed by a party to a same-sex marriage. Under that case, the court explained, federal disregard of a same-sex marriage did not constitute an Equal Protection Clause violation. In addition, the court rejected the idea that such disregard amounted to sex, rather than sexual orientation, discrimination.

Plaintiffs filed a motion to amend their complaint on October 14, 2011, but rather than permitting the amendment, the court informed the plaintiffs (on November 3, 2011) that they could freely file a new complaint, instead.

Both BLAG and the U.S. appealed (these appeals were given the numbers 11-57072 and 11-57166, respectively), but both soon voluntarily dismissed their appeals, in February 2012. That left in place the 2009 appeal by the Indonesian citizen, from the adverse BIA decision (Appeal No. 09-72068). BLAG filed a notice that it will not appear in the case, so it seems it did not raise the same-sex marriage issue. The Indonesian citizen asked for a remand to the BIA in that matter, but in 2012 voluntarily dismissed the appeal.

Summary Authors

Nadji Allan (10/23/2014)

People


Judge(s)

Gandhi, Jay C. (California)

Wilson, Stephen Victor (California)

Attorneys(s) for Plaintiff

Holguín, Carlos R. (California)

Manulkin, Gary H. (California)

Schey, Peter A. (California)

Singer, Michael Jay (District of Columbia)

Tanner, Reyna Manulkin (California)

Attorneys(s) for Defendant

Carlson, Jesi J. (District of Columbia)

Flentje, August E. (District of Columbia)

Kingsley, Benjamin S. (District of Columbia)

Judge(s)

Gandhi, Jay C. (California)

Wilson, Stephen Victor (California)

Attorneys(s) for Plaintiff

Holguín, Carlos R. (California)

Manulkin, Gary H. (California)

Schey, Peter A. (California)

Singer, Michael Jay (District of Columbia)

Tanner, Reyna Manulkin (California)

Attorneys(s) for Defendant

Carlson, Jesi J. (District of Columbia)

Flentje, August E. (District of Columbia)

Kingsley, Benjamin S. (District of Columbia)

Kline, David J. (District of Columbia)

Menkin, Jeffrey Lawrence (District of Columbia)

Orrick, William Horsley III (District of Columbia)

Robins, Jeffrey S (District of Columbia)

West, Tony (District of Columbia)

Other Attorney(s)

Bartolomucci, H. Christopher (District of Columbia)

Clement, Paul D. (District of Columbia)

Davenport, Christine (District of Columbia)

Dugan, Conor Brendan (District of Columbia)

Filamor, John D. (District of Columbia)

Kircher, Kerry W. (District of Columbia)

Konar, Kirsten W. (District of Columbia)

McCarron, Katherine E. (District of Columbia)

Nelson, Nicholas J. (District of Columbia)

Pittard, William (District of Columbia)

Tatelman, Todd B. (District of Columbia)

Documents in the Clearinghouse

Document

2:11-cv-01267

Docket

Feb. 22, 2012

Feb. 22, 2012

Docket

11-57166

General Docket

U. S. Court of Appeals for the Ninth Circuit

April 6, 2012

April 6, 2012

Docket

11-57072

General Docket

U. S. Court of Appeals for the Ninth Circuit

April 6, 2012

April 6, 2012

Docket

09-72068

General Docket

U. S. Court of Appeals for the Ninth Circuit

Oct. 30, 2012

Oct. 30, 2012

Docket
38

2:11-cv-01267

Order

Sept. 28, 2011

Sept. 28, 2011

Order/Opinion
45

2:11-cv-01267

Order

Nov. 3, 2011

Nov. 3, 2011

Order/Opinion

Docket

Last updated Aug. 28, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants Jane Arellano, Eric H Holder, Jr, Alejandro Mayorkas, Janet Napolitano. Case assigned to Judge Stephen V. Wilson for all further proceedings. Discovery referred to Magistrate Judge Jay C. Gandhi. (Filing fee $ 350 PAID.), filed by Plaintiffs Michael Ernest Roberts, Handi Lui. [SUMMONS NOT ISSUED ON 2/10/2011] (et) (mg). (Entered: 02/14/2011)

Feb. 10, 2011

Feb. 10, 2011

2

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Handi Lui, Michael Ernest Roberts. (et) (mg). (Entered: 02/14/2011)

Feb. 10, 2011

Feb. 10, 2011

3

NEW CASE ORDER by Judge Stephen V. Wilson, (im) (Entered: 02/15/2011)

Feb. 15, 2011

Feb. 15, 2011

4

NOTICE of Appearance filed by attorney Jesi J Carlson on behalf of Defendants Jane Arellano, Eric H Holder, Jr, Alejandro Mayorkas, Janet Napolitano (Carlson, Jesi) (Entered: 03/03/2011)

March 3, 2011

March 3, 2011

5

First STIPULATION for Extension of Time to File Answer to 6/17/2011 re Complaint − (Discovery), Complaint − (Discovery) 1 filed by Defendants Jane Arellano, Eric H Holder, Jr, Alejandro Mayorkas, Janet Napolitano. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Carlson, Jesi) (Entered: 03/09/2011)

March 9, 2011

March 9, 2011

6

ORDER granting Stipulation to Extend Time to Answer (More than 30 days), Stipulation to Extend Time to Answer (More than 30 days) 5 , Defendants Jane Arellano answer due 6/17/2011; Eric H Holder, Jr answer due 6/17/2011; Alejandro Mayorkas answer due 6/17/2011; Janet Napolitano answer due 6/17/2011 by Judge Stephen V. Wilson (pj) (Entered: 03/23/2011)

March 22, 2011

March 22, 2011

7

PROOF OF SERVICE Executed by Plaintiff Michael Ernest Roberts, Handi Lui, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Pat M.. Executed upon the Attorney Generals Office of the United States by delivering a copy to Grant Pauly (date stamp). Executed upon the officer agency or corporation by unspecified means. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Tanner, Reyna) (Entered: 03/24/2011)

March 24, 2011

March 24, 2011

8

Second STIPULATION for Extension of Time to File Answer to 7/18/2011 re Complaint − (Discovery), Complaint − (Discovery) 1 filed by Defendants Jane Arellano, Eric H Holder, Jr, Alejandro Mayorkas, Janet Napolitano. (Attachments: # 1 Proposed Order)(Carlson, Jesi) (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

9

MINUTES (IN CHAMBERS) ORDER by Judge Stephen V. Wilson: Proceedings: Re Second Stipulation for Extension of Time to File Answer 8 . The Court is in receipt of the Second Stipulation 8 . The Complaint in this case was filed on 2/10/11. On 3/22/11, the Court granted a three−month extension of time to file an answer. The parties now seek another extension. The extension sought 8 is DENIED. (mg) (Entered: 05/18/2011)

May 17, 2011

May 17, 2011

10

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Stephen V. Wilson ORDERING Notice of Motion and Motion of the Bipartisan legal advisory group of the US House of Representatives to Intervene for a Limited Purpose submitted by Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives received on 5/27/2011 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the

May 27, 2011

May 27, 2011

12

NOTICE OF MOTION AND MOTION to Intervene for a Limited Purpose filed by Proposed Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives. Motion set for hearing on 7/11/2011 at 01:30 PM before Judge Stephen V. Wilson. (pj) (Entered: 06/03/2011)

June 2, 2011

June 2, 2011

13

MEMORANDUM in Opposition to MOTION to Intervene 11 , MOTION to Intervene 12 filed by Plaintiffs Handi Lui, Michael Ernest Roberts. (Tanner, Reyna) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

14

Notice of Withdrawal of Motion to Intervene 11 filed by Proposed Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Davenport, Christine) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

15

NOTICE filed by Proposed Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives. of Intent to File Reply in Support of Motion to Intervene (Davenport, Christine) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

16

STIPULATION to Exceed Page Limitation as to Memorandum of Points and Authorities in Support of Motion to Dismiss filed by Proposed Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Declaration of Kerry W. Kircher, # 2 Proposed Order)(Davenport, Christine) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

17

NOTICE OF NON−OPPOSITION to MOTION to Intervene 12 filed by Defendants Jane Arellano, Eric H Holder, Jr, Alejandro Mayorkas, Janet Napolitano. (Attachments: # 1 Proposed Order)(Carlson, Jesi) (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

18

NOTICE OF MOTION AND MOTION to Dismiss Allegations in Paragraphs 8, 32, and 35 of the Complaint filed by Defendants Jane Arellano, Eric H Holder, Jr, Alejandro Mayorkas, Janet Napolitano. Motion set for hearing on 9/26/2011 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Proposed Order)(Carlson, Jesi) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

19

NOTICE OF MOTION AND MOTION to Dismiss Equal Protection Claims filed by Proposed Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives. Motion set for hearing on 9/26/2011 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Memorandum, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order)(Davenport, Christine) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

20

STIPULATION to Exceed Page Limitation as to Consolidated Reply to Plaintiffs' Opposition and Defendants' Response to the Motion to Intervene filed by Proposed Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Declaration of Kerry W. Kircher, # 2 Proposed Order)(Davenport, Christine) (Entered: 06/22/2011)

June 22, 2011

June 22, 2011

21

NOTICE of Continuance of MOTION to Intervene 12 reset to July 25, 2011 at 1:30pm (Attachments: # 1 Proposed Order, # 2 Declaration)(Tanner, Reyna) (Entered: 06/23/2011)

June 23, 2011

June 23, 2011

22

REPLY Reply to Opposition to Motion MOTION to Intervene 12 filed by Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit)(Davenport, Christine) (Entered: 06/23/2011)

June 23, 2011

June 23, 2011

23

ORDER by Judge Stephen V. Wilson, re Stipulation to Exceed Page Limitation, 20 approving stipulation re filing by proposed Intervenor of consolidated reply in excess of 12 pages to plaintiffs opposition defendants response to proposed Intervenor's motion to intervene (pj) (Entered: 06/30/2011)

June 27, 2011

June 27, 2011

24

IN CHAMBERS ORDER re Motion to Intervene for a Limited Purpose filedby Intervenor Bipartisan Legal Advisory Group of the U.S. House ofRepresentatives 12 by Judge Stephen V. Wilson. The Motion is suitable for a ruling without a hearing. The Court VACATES the hearing set onJuly 11, 2011. Order to issue. (rs) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

25

MINUTES IN CHAMBERS ORDER re Motion to Intervene for a Limited Purpose filedby Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives 12 by Judge Stephen V. Wilson: The Motion to Intervene is GRANTED. Finally, as to Plaintiffs' objection to BLAG's request for a waiver of its obligation to file an answer, the Court notes that BLAG has now filed a Motion to Dismiss, eliminatingPlaintiffs' concerns about BLAG's position in the litigation. (pj) (Entered: 07/15/2011)

July 13, 2011

July 13, 2011

26

NOTICE of Change of Lead Counsel changing lead counsel from Gary H. Manulkin to Carlos R. Holguin. filed by Plaintiff Handi Lui, (Tanner, Reyna) (Entered: 08/30/2011)

Aug. 30, 2011

Aug. 30, 2011

27

STIPULATION to Exceed Page Limitation as to Defendants' Opposition to Bipartisan Legal Advisory Group's Motion to Dismiss filed by Defendants Jane Arellano, Eric H Holder, Jr, Alejandro Mayorkas, Janet Napolitano. (Attachments: # 1 Proposed Order)(Carlson, Jesi) (Entered: 09/02/2011)

Sept. 2, 2011

Sept. 2, 2011

28

MEMORANDUM in Opposition to MOTION to Dismiss Equal Protection Claims 19 filed by Defendants Jane Arellano, Eric H Holder, Jr, Alejandro Mayorkas, Janet Napolitano. (Attachments: # 1 Proposed Order)(Carlson, Jesi) (Entered: 09/02/2011)

Sept. 2, 2011

Sept. 2, 2011

29

STIPULATION for Extension of Time to File − Modification of Briefing Schedule and Hearing Date filed by Intervenor−Defendant Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Declaration Declaration of Kerry W. Kircher, # 2 Proposed Order)(Davenport, Christine) (Entered: 09/02/2011)

Sept. 2, 2011

Sept. 2, 2011

30

MEMORANDUM in Opposition to MOTION to Dismiss Allegations in Paragraphs 8, 32, and 35 of the Complaint 18 filed by Plaintiffs Handi Lui, Michael Ernest Roberts. (Tanner, Reyna) (Entered: 09/02/2011)

Sept. 2, 2011

Sept. 2, 2011

31

MEMORANDUM in Opposition to MOTION to Dismiss Equal Protection Claims 19 filed by Plaintiffs Handi Lui, Michael Ernest Roberts. (Tanner, Reyna) (Entered: 09/02/2011)

Sept. 2, 2011

Sept. 2, 2011

32

IN CHAMBERS ORDER re STIPULATION FOR EXTENSION OF TIME TO FILE; STIPULATION TO EXCEED PAGE LIMITATION 27 29 by Judge Stephen V. Wilson: The Court DENIES the Stipulation filed by Intervenor−Defendant the Bipartisan Legal AdvisoryGroup Re: Modification of Briefing Schedule and Hearing Date. Intervenor−Defendant's and Federal Defendants' replies will remain due on September 12, 2011. The hearing will take place on September 26, 2011, as previously scheduled. Furthermore, the Court GRANTS in part the Stipulation to Exceed 25 Page Limit for Defendants' Opposition to BLAG's Motion to dismiss. The Court will allow Defendants to exceed the 25 Page Limit by five pages. Accordingly, the Court will consider Defendants' 28−page Opposition, filed September 2, 2011, in its entirety. (pc) (Entered: 09/07/2011)

Sept. 7, 2011

Sept. 7, 2011

33

STIPULATION to Exceed Page Limitation as to Consolidated Reply filed by Intervenor−Defendant Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Declaration, # 2 Proposed Order)(Davenport, Christine) (Entered: 09/08/2011)

Sept. 8, 2011

Sept. 8, 2011

34

REPLY in support of Defendants' Partial Motion to Dismiss MOTION to Dismiss Allegations in Paragraphs 8, 32, and 35 of the Complaint 18 filed by Defendants Jane Arellano, Eric H Holder, Jr, Alejandro Mayorkas, Janet Napolitano. (Carlson, Jesi) (Entered: 09/12/2011)

Sept. 12, 2011

Sept. 12, 2011

35

REPLY in support of MOTION to Dismiss Equal Protection Claims 19 filed by Intervenor Defendant Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Davenport, Christine) (Entered: 09/12/2011)

Sept. 12, 2011

Sept. 12, 2011

37

IN CHAMBERS ORDER re DEFENDANT'S MOTION TO DISMISS; PROPOSED INTERVENOR'S MOTION TO DISMISS 18 19 by Judge Stephen V. Wilson: Upon review of the parties' briefs, the Court concludes that the Motion is suitable for determination without oral argument. Fed. R. Civ. P. 78(b); Local Rule 7−15. The hearing scheduled for Monday September 26, 2011 is hereby VACATED. Order to issue. (pc) (Entered: 09/21/2011)

Sept. 21, 2011

Sept. 21, 2011

38

MINUTES (IN CHAMBERS): ORDER re DEFENDANTS PARTIAL MOTION TO DISMISS; INTERVENOR'S MOTION TO DISMISS 18 19 by Judge Stephen V. Wilson: For the reasons set forth in this Order, Defendants Partial Motion to Dismiss and Intervenors Motion to Dismiss are hereby GRANTED without prejudice. 18 19 Motion to Dismiss (MD JS−6. Case Terminated) (pj) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

39

NOTICE of Appearance filed by attorney Reyna Manulkin Tanner on behalf of Plaintiffs Handi Lui, Michael Ernest Roberts (Tanner, Reyna) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

40

NOTICE OF MOTION AND First MOTION to AMEND Complaint − (Discovery), Complaint − (Discovery) 1 filed by plaintiff Handi Lui, Michael Ernest Roberts. Motion set for hearing on 11/7/2011 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Tanner, Reyna) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

41

NOTICE OF MOTION AND First MOTION to correct First MOTION to AMEND Complaint − (Discovery), Complaint − (Discovery) 1 First MOTION to AMEND Complaint − (Discovery), Complaint − (Discovery) 1 40 filed by plaintiff Handi Lui, Michael Ernest Roberts. Motion set for hearing on 11/7/2011 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Memorandum Motion to Amend Complaint (Corrected))(Tanner, Reyna) (Entered: 10/15/2011)

Oct. 15, 2011

Oct. 15, 2011

42

MINUTE ORDER IN CHAMBERS by Judge Stephen V. Wilson 40 41 . On the Courts own motion, Plaintiffs Motions to Amend Complaint (Docket #40 and #41) scheduled forNovember 7, 2011, at 1:30 p.m. will now be heard on November 21, 2011, at 1:30 p.m. (im) (Entered: 10/21/2011)

Oct. 20, 2011

Oct. 20, 2011

43

OPPOSITION to First MOTION to correct First MOTION to AMEND Complaint − (Discovery), Complaint − (Discovery) 1 First MOTION to AMEND Complaint − (Discovery), Complaint − (Discovery) 1 40 First MOTION to correct First MOTION to AMEND Complaint − (Discovery), Complaint − (Discovery) 1 First MOTION to AMEND Complaint − (Discovery), Complaint − (Discovery) 1 40 41 filed by Intervenor Defendant Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Davenport, Christine) (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

44

Defendants' Response to Plaintiffs' Motion for Leave to Amend Their Complaint re First MOTION to correct First MOTION to AMEND Complaint − (Discovery), Complaint − (Discovery) 1 First MOTION to AMEND Complaint − (Discovery), Complaint − (Discovery) 1 40 First MOTION to correct First MOTION to AMEND Complaint − (Discovery), Complaint − (Discovery) 1 First MOTION to AMEND Complaint − (Discovery), Complaint − (Discovery) 1 40 41 filed by Defendants Jane Arellano, Eric H Holder, Jr, Alejandro Mayorkas, Janet Napolitano. (Carlson, Jesi) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

45

MINUTES IN CHAMBERS ORDER re PLAINTIFFS' MOTION FOR LEAVE TOAMEND 40 41 by Judge Stephen V. Wilson: Plaintiffs' Motion is hereby DENIED. The hearing scheduled for November 21, 2011 at 1:30p.m. is hereby VACATED. (pj) (Entered: 11/03/2011)

Nov. 3, 2011

Nov. 3, 2011

46

NOTICE OF APPEAL to the 9th CCA filed by Intervenor−Defendant Bipartisan Legal Advisory Group of the U.S. House of Representatives. Appeal of Order on Motion to Dismiss,,, 38 (Appeal fee FEE WAIVED.) (Attachments: # 1 Exhibit)(Davenport, Christine) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

Notice of Electronic Filing re Notice of Appeal to 9th Circuit Court of Appeals, 46 e−mailed to john.filamor@mail.house.gov bounced due to attorney no longer with firm. The primary e−mail address associated with the attorney record has been deleted. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e−mail address in the CM/ECF system. (Wilson, Tammie) TEXT ONLY ENTRY (Entered: 11/30/2011)

Nov. 28, 2011

Nov. 28, 2011

48

NOTIFICATION by Circuit Court of Appellate Docket Number 11−57072, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 46 as to Intervenor−Defendant Bipartisan Legal Advisory Group of the U.S. House of Representatives. (car) (Entered: 12/01/2011)

Nov. 30, 2011

Nov. 30, 2011

49

Intervenor−Defendant's Certificate of Intent Not to Order Transcripts (Davenport, Christine) (Entered: 12/08/2011)

Dec. 8, 2011

Dec. 8, 2011

50

NOTICE OF APPEAL to the 9th CCA filed by Defendants Jane Arellano, Eric H Holder, Jr, Alejandro Mayorkas, Janet Napolitano. Appeal of Order on Motion to Dismiss,,, 38 (Appeal fee FEE WAIVED.) (Attachments: # 1 Exhibit Addendum to Notice of Appeal, # 2 Exhibit 9/28/11 Court Order)(Carlson, Jesi) (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

51

REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, 50 . (Carlson, Jesi) (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

52

NOTIFICATION by Circuit Court of Appellate Docket Number 11−57166, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 50 as to Defendant(s) Jane Arellano, Eric H Holder, Jr, Alejandro Mayorkas and Janet Napolitano. (dmap) (Entered: 12/14/2011)

Dec. 13, 2011

Dec. 13, 2011

53

NOTICE of Change of Attorney Information for attorney Christine Davenport counsel for Intervenor Defendant Bipartisan Legal Advisory Group of the U.S. House of Representatives.Katherine E. McCarron is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G−06 Notice. Filed by Intervenor−Defendant Bipartisan Legal Advisory Group of the U.S. House of Representatives (Davenport, Christine) (Entered: 01/24/2012)

Jan. 24, 2012

Jan. 24, 2012

54

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 50 filed by Eric H Holder, Jr, Jane Arellano, Alejandro Mayorkas and Janet Napolitano CCA # 11−57166. The stipulation to dismiss the appeal under Federal Rules of appellate Procedure 42(b) is granted. The costs shall be allocated pursuant to the stipulation. A copy of this order shall act as and for the mandate of this court. Order received in this district on 2/7/2012. (dmap) (Entered: 02/09/2012)

Feb. 7, 2012

Feb. 7, 2012

55

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 46 filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives CCA # 11−57072. This appeal is dismissed. Order received in this district on 2/22/2012. (dmap) (Entered: 02/23/2012)

Feb. 22, 2012

Feb. 22, 2012

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Feb. 10, 2011

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Same-sex married couple seeking recognition of their marriage for immigration purposes.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Human Rights & Constitutional Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S., Federal

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.

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sex discrimination

Sexual orientatation

Immigration/Border:

Family Separation