Case: J.E.F.M. v. Holder

2:14-cv-01026 | U.S. District Court for the Western District of Washington

Filed Date: July 9, 2014

Closed Date: May 2, 2019

Clearinghouse coding complete

Case Summary

On July 9, 2014, this class action lawsuit was filed on behalf of all children who are or will be in immigration proceedings who do not have legal representation in their proceedings. The suit was filed in the United States District Court for the Western District of Washington under the Immigration and Nationality Act (INA) against the U.S. Department of Justice and U.S. Immigration and Customs Enforcement. The plaintiffs, represented by private counsel and several public interest groups, sough…

On July 9, 2014, this class action lawsuit was filed on behalf of all children who are or will be in immigration proceedings who do not have legal representation in their proceedings. The suit was filed in the United States District Court for the Western District of Washington under the Immigration and Nationality Act (INA) against the U.S. Department of Justice and U.S. Immigration and Customs Enforcement. The plaintiffs, represented by private counsel and several public interest groups, sought declaratory and injunctive relief, claiming that the defendants' failure to ensure legal representation for the plaintiffs and the putative class at immigration proceedings violated the INA and the Due Process Clause of the Fifth Amendment to the United States Constitution.

On September 29, 2014, the court (District Judge Thomas S. Zilly) denied plaintiffs' motion for a preliminary injunction. The plaintiffs' motion did not ask the Court to compel the defendants to provide them with legal representation at government expense; rather, it sought an order enjoining defendants from denying continuances of plaintiffs' removal proceedings. Judge Zilly found, however, that plaintiffs had not first sought such continuances from immigration judges, and he held that the plaintiffs' motion was thus "not ripe for adjudication" and that the court "currently lacks jurisdiction to grant the specific relief sought by plaintiffs." Judge Zilly further stated that "[t]he core issue of whether plaintiffs are entitled, under the Fifth Amendment, to counsel at government expense is not now before the Court and must await another day." The court deferred, however, a ruling on plaintiffs' class certification motion until it considered Defendants' recently filed motion to dismiss. 2014 WL 12515265 (W.D. Wash. Sept. 29, 2014).

On April 13, 2015, after considering the defendants' motion to dismiss the plaintiffs' second amended complaint, the court granted in part and denied in part the defendants' motion. The court held that it lacked jurisdiction over plaintiffs' INA claims because of the jurisdiction-stripping provisions of IIRIRA and the Real ID Act. The court also struck plaintiff's request for class-wide injunctive relief on the grounds that it could provide only class-wide declaratory relief. But focusing on the plaintiffs already in removal proceedings and not yet ordered removed, the court held that it had jurisdiction to decide plaintiffs' Due Process claim. Under the Mathews due process test, the plaintiffs had a high liberty interest in avoiding removal and plausibly faced a risk of erroneous deprivation of this interest without counsel, though the court could not determine the cost to the government in providing counsel. 107 F. Supp. 3d 1119 (W.D. Wash. Apr. 13, 2015).

The defendants requested leave to file an interlocutory appeal to the Ninth Circuit Court of Appeals to clarify the jurisdictional issues. The defendants also asked the district court to stay the litigation there in the meantime. But in an August 27, 2015 order, the court explained that, although it had granted defendants' first request (for an appeal), it had denied their second request (for a stay). According to the court, defendants were unlikely to prevail on their jurisdictional challenge, plaintiffs were soon to age out of being minors, and discovery could continue. At the same order, however, the court also denied plaintiffs' most recent request for class certification, finding the proposed class of unrepresented minors to be too broad. The court also noted that, of the remaining six plaintiffs, five had either won some form of immigration relief or now had counsel. The court thus dismissed the three plaintiffs who had already received permanent resident status. 2015 WL 9839679 (W.D. Wash. Aug. 27, 2015).

On December 4, 2015, the plaintiffs filed a third amended complaint. This complaint included fourteen named plaintiffs in removal proceedings without counsel, and it sought class certification for indigent minors in removal proceedings unable to afford counsel. As in the original complaint, the plaintiffs requested injunctive relief on statutory (INA) and due process constitutional grounds.

On January 21, 2016, however, the court issued an order denying plaintiffs' most recent request for class certification. The court held that the proposed class was still too broad and that the named plaintiffs' respective situations (i.e., nearing 18 years old or on track to receive permanent resident status) were not representative of proposed class members. 2016 WL 4533605 (W.D. Wash. Jan. 21, 2016).

The defendants again moved to dismiss. In an April 15, 2016 order, the court granted, denied, and deferred different parts of the motion. Judge Zilly dismissed the plaintiffs' claims against the USCIS Director and dismissed as moot the claim of one plaintiff who had turned 18 and was no longer in removal proceedings. The court deferred, however, a decision on the claim of another plaintiff who had turned 18 and was on track to permanent resident status but was still in removal proceedings. As for the claims of the remaining plaintiffs, the court denied the defendants' motion to dismiss. The court rejected the defendants' argument that arriving noncitizens had no procedural due process rights beyond those specified by Congress, but it also conceded that noncitizens who entered without inspection may have fewer due process rights than those who were lawfully admitted. Accordingly, the court found appropriate for trial the issue of whether due process rights include the right to counsel at government expense. 180 F.Supp.3d 811 (W.D. Wash. Apr. 15, 2016).

Returning to the class certification process, the court, in a June 24, 2016 order, certified the class of minors in removal proceedings in the Ninth Circuit as of the date of the order who were financially unable to afford legal representation, were charged with inadmissibility, and had credible claims to relief under asylum, withholding of removal, Convention Against Torture, or existing U.S. citizenship. 2016 WL 3458352 (W.D. Wash. June 24, 2016).

After oral argument, the court on July 8, 2016, denied plaintiffs' most recent motion for preliminary injunction (on behalf of one plaintiff) but did not provide written reasoning.

Next, the Ninth Circuit, where the parties had litigated defendants' interlocutory appeal on the jurisdictional questions, issued an order on September 20, 2016. Without reaching the merits of plaintiffs' claims, the Ninth Circuit held that the district court had no jurisdiction over either the statutory or constitutional claims (thus reversing the district court's Apr. 13, 2015 determination of jurisdiction over the latter only). According to the Ninth Circuit, the INA required plaintiffs to exhaust administrative remedies and then file for circuit court review, thus foreclosing district court review. 837 F.3d 1026 (9th Cir. 2016).

After this order, the district court on the same day struck the trial date and all remaining deadlines and motions. The court struck them without prejudice, however, to permit reinstating them in the event that the Ninth Circuit's decision was vacated, reversed, or modified before a mandate issues.

On November 13, 2018, the Ninth Circuit denied a motion to rehear the case en banc. 908 F.3d 1157. Circuit Judge Marsha S. Berzon (joined by Circuit Judges Kim McLane Wardlaw, William A. Fletcher, Richard A. Paez, and Mary H. Murguia) dissented and voted to rehear the case. Judge Berzon argued that the panel read the INA’s jurisdiction stripping provisions too broadly and that the relevant provisions only precluded review of claim where an order of removal was entered and an individual seeks relief from that order. The mandate of the Ninth Circuit was entered on November 27, 2018.

Judge Zilly then issued an order to show cause why the case should not be dismissed without prejudice for lack of jurisdiction. On December 6, 2018, the plaintiffs responded that they would not appeal the Ninth Circuit decision to the U.S. Supreme Court. As the plaintiffs declined to appeal the Ninth Circuit decision, the court dismissed the case without prejudice for lack of jurisdiction on May 2, 2019.

Summary Authors

Dan Whitman (9/30/2014)

Ava Morgenstern (5/8/2017)

Raul Noguera-McElroy (4/19/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4411427/parties/f-lb-v-holder/


Judge(s)

Berzon, Marsha Siegel (California)

Kleinfeld, Andrew Jay (Alaska)

McKeown, M. Margaret (California)

Smith, Milan Dale Jr. (California)

Zilly, Thomas Samuel (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Angelis, Theodore J. (Washington)

Arulanantham, Ahilan T (California)

Baker, La Rond (Washington)

Chen, Margaret (Washington)

Judge(s)

Berzon, Marsha Siegel (California)

Kleinfeld, Andrew Jay (Alaska)

McKeown, M. Margaret (California)

Smith, Milan Dale Jr. (California)

Zilly, Thomas Samuel (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Angelis, Theodore J. (Washington)

Arulanantham, Ahilan T (California)

Baker, La Rond (Washington)

Chen, Margaret (Washington)

Chiang, Emily (Washington)

Creighton, Emily J. (District of Columbia)

Crow, Melissa E. (District of Columbia)

Dunne, Sarah A. (Washington)

Garcia, Heidi Craig (Washington)

Iguina, Carmen G. (California)

Inlender, Talia R. (California)

Jackson, Kristen M. (California)

Kang, Stephen B. (California)

Kisor, Colin A. (District of Columbia)

Macleod-Ball, Kristin A. (Massachusetts)

Madrid, Glenda Melinda Aldana (Washington)

Nunn, Todd L. (Washington)

Wang, Cecillia D (California)

Werlin, Beth (District of Columbia)

Attorneys(s) for Defendant

Andrapalliyal, Vinita (District of Columbia)

Branda, Joyce R. (District of Columbia)

Darrow, Joseph A. (District of Columbia)

Davila, Yamileth G. (District of Columbia)

Evans, Walter Manning (District of Columbia)

Fresco, Leon (District of Columbia)

Maloney, Sarah (District of Columbia)

Murley, Nicole N. (District of Columbia)

Parascandola, Christina B. (District of Columbia)

Peachey, William Charles (District of Columbia)

Perez, Elianis N. (District of Columbia)

Reuveni, Erez (District of Columbia)

Silvis, William C. (District of Columbia)

Taylor, Margaret Kuehne (District of Columbia)

Wilson, Sarah S. (District of Columbia)

Other Attorney(s)

Glasgow, Rebecca Ripoli (Washington)

Documents in the Clearinghouse

Document

2:14-cv-01026

Docket [PACER]

F.L.B. v. Holder

May 2, 2019

May 2, 2019

Docket
1

2:14-cv-01026

Complaint--Class Action

July 9, 2014

July 9, 2014

Complaint
74-1

2:14-cv-01026

Amended Complaint--Class Action

Sept. 4, 2014

Sept. 4, 2014

Complaint
80

2:14-cv-01026

Defendants' Motion To Dismiss

Sept. 19, 2014

Sept. 19, 2014

Pleading / Motion / Brief
81

2:14-cv-01026

Order denying Plaintiffs' Motion for Preliminary Injunction and deferring Plaintiffs' Motion for Class Certification until resolution of Defendants' Motion To Dismiss

2014 WL 12515265

Sept. 29, 2014

Sept. 29, 2014

Order/Opinion
114

2:14-cv-01026

Order

107 F.Supp.3d 1119

April 13, 2015

April 13, 2015

Order/Opinion
136

2:14-cv-01026

Minute Order

J.E.F.M. v. Lynch

2015 WL 12030113

May 5, 2015

May 5, 2015

Order/Opinion
174

2:14-cv-01026

Order

J.E.F.M. v. Lynch

2015 WL 9839679

Aug. 27, 2015

Aug. 27, 2015

Order/Opinion
207

2:14-cv-01026

Third Amended Complaint - Class Action

J.E.F.M. v. Lynch

Dec. 4, 2015

Dec. 4, 2015

Complaint
225

2:14-cv-01026

Order

F.L.B. v. Lynch

2016 WL 4533605

Jan. 21, 2016

Jan. 21, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4411427/f-lb-v-holder/

Last updated Aug. 5, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant(s) All Defendants (Receipt # 0981-3664259), filed by J FM, GDS, J E FM, MAM, G M GC, S R IC, D G FM, F LB. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet, # 3 Civil Cover Sheet)(Adams, Matt) (Entered: 07/09/2014)

1 Exhibit Exhibit A

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2 Civil Cover Sheet

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3 Civil Cover Sheet

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July 9, 2014

July 9, 2014

RECAP

Add and Terminate Judges

July 9, 2014

July 9, 2014

PACER
2

MOTION to Certify Class by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. Oral Argument Requested. (Attachments: # 1 Exhibit Exhs. A-Q, # 2 Proposed Order, # 3 corporate disclosure statment) Noting Date 8/1/2014, (Adams, Matt) (Entered: 07/09/2014)

1 Exhibit Exhs. A-Q

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2 Proposed Order

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3 corporate disclosure statment

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July 9, 2014

July 9, 2014

RECAP
3

APPLICATION OF ATTORNEY Ahilan Arulanantham FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM (Fee Paid) Receipt No. 0981-3664747. (Adams, Matt) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
4

ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Ahilan T Arulanantham for D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, and for MAM, by William M. McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d))(No document associated with this docket entry, text only.)(DS) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
5

APPLICATION OF ATTORNEY Melissa Crow FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM (Fee Paid) Receipt No. 0981-3664872. (Adams, Matt) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER

Judge Thomas S. Zilly added. (PM)

July 9, 2014

July 9, 2014

PACER
6

APPLICATION OF ATTORNEY Carmen Iguina FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM (Fee Paid) Receipt No. 0981-3664893. (Adams, Matt) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
7

NOTICE REGARDING LACK OF PROPER SIGNATURE. The 1 Complaint filed on 7/9/2014 was improperly signed by Glenda Melinda Aldana Madrid, Theodore Angelis, Sarah Dunne and Todd L. Nunn. Pursuant to FRCP Rule 11 and LCR 83.2(a), signatures must comply with Section III(L) of the Electronic Filing Procedures, which states, "An electronically filed pleading or other document which requires an attorney's signature must have the signors' names printed or typed on the line and under all signature lines." Do not re-file this document;please be sure all future documents are properly signed. Thank you. (PM) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
8

APPLICATION OF ATTORNEY Talia Inlender FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM (Fee Paid) Receipt No. 0981-3664905. (Adams, Matt) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
9

APPLICATION OF ATTORNEY Kristen Jackson FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM (Fee Paid) Receipt No. 0981-3664924. (Adams, Matt) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
10

APPLICATION OF ATTORNEY Stephen Kang FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM (Fee Paid) Receipt No. 0981-3664931. (Adams, Matt) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
11

APPLICATION OF ATTORNEY Cecillia Wang FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM (Fee Paid) Receipt No. 0981-3664939. (Adams, Matt) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
12

APPLICATION OF ATTORNEY Beth Werlin FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM (Fee Paid) Receipt No. 0981-3664965. (Adams, Matt) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
13

ORDER re 5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Melissa Crow for D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, and for MAM, by William M. McCool.(NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)). (No document associated with this docket entry, text only.)(DS) Added language regarding Local Counsel on 7/9/2014 (DS). (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
14

ORDER re 6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Carmen G Iguina for D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, and for MAM, by William M. McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)).(No document associated with this docket entry, text only.)(DS) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
15

ORDER re 8 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Talia Inlender for D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, and for MAM, by William M. McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)).(No document associated with this docket entry, text only.)(DS) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
16

ORDER re 9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kristen Jackson for D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, and for MAM, by William M. McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)).(No document associated with this docket entry, text only.)(DS) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
17

ORDER re 10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Stephen B Kang for D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, and for MAM, by William M. McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)).(No document associated with this docket entry, text only.)(DS) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
18

ORDER re 11 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Cecillia Wang for D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, and for MAM, by William M. McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)).(No document associated with this docket entry, text only.)(DS) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
19

ORDER re 12 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Beth Werlin for D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, and for MAM, by William M. McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)). (No document associated with this docket entry, text only.)(DS) Added language regarding Local Counsel on 7/9/2014 (DS). (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
20

PRAECIPE TO ISSUE SUMMONS re 1 Complaint by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Attachments: # 1 Summons - Asher, # 2 Summons - Burwell, # 3 Summons - Hamilton, # 4 Summons - Holder, # 5 Summons - Johnson, # 6 Summons - Negash, # 7 Summons - Osuna, # 8 Summons - Winkowski)(Arulanantham, Ahilan) (Entered: 07/10/2014)

1 Summons - Asher

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2 Summons - Burwell

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3 Summons - Hamilton

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4 Summons - Holder

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5 Summons - Johnson

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6 Summons - Negash

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7 Summons - Osuna

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8 Summons - Winkowski

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July 10, 2014

July 10, 2014

PACER
21

Summons Issued by clerk and mailed to pltf for service as to defendant(s) Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski. (TM) (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

PACER
22

Summons electronically Issued. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(LMK) (Entered: 07/18/2014)

1 Summons

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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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6 Summons

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7 Summons

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July 18, 2014

July 18, 2014

RECAP
23

NOTICE of Appearance by attorney William Charles Silvis on behalf of Defendants Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski. (Silvis, William) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER

Notice of Docket Text Modification

July 31, 2014

July 31, 2014

PACER
24

MOTION for Preliminary Injunction by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 8/22/2014, (Adams, Matt) (Entered: 07/31/2014)

1 Proposed Order

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July 31, 2014

July 31, 2014

PACER
25

EXHIBIT Declaration re 24 MOTION for Preliminary Injunction by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB. (Attachments: # 1 Exhibit)(Adams, Matt) (Entered: 07/31/2014)

1 Exhibit

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July 31, 2014

July 31, 2014

PACER
26

EXHIBIT re 24 MOTION for Preliminary Injunction by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Adams, Matt) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
27

EXHIBIT Declaration re 24 MOTION for Preliminary Injunction by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Adams, Matt) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
28

SEALED DOCUMENT EXHIBIT Declaration re 24 MOTION for Preliminary Injunction by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Adams, Matt) (PS). (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
29

EXHIBIT Declaration re 24 MOTION for Preliminary Injunction by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Adams, Matt) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
30

EXHIBIT Declaration re 24 MOTION for Preliminary Injunction by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Adams, Matt) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
31

EXHIBIT Declaration re 24 MOTION for Preliminary Injunction by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Adams, Matt) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
32

EXHIBIT Declaration re 24 MOTION for Preliminary Injunction by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Adams, Matt) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
33

EXHIBIT Declaration re 24 MOTION for Preliminary Injunction by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Adams, Matt) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
34

EXHIBIT Declaration re 24 MOTION for Preliminary Injunction by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Adams, Matt) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
35

EXHIBIT Declaration re 24 MOTION for Preliminary Injunction by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Adams, Matt) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
36

Unopposed MOTION to Seal by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Attachments: # 1 Proposed Order) Noting Date 8/1/2014, (Adams, Matt) (Entered: 08/01/2014)

1 Proposed Order

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July 31, 2014

July 31, 2014

PACER

NOTICE of Docket Text Modification Sealed document due to unredacted document being filed in error, per counsel. (PS)

July 31, 2014

July 31, 2014

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37

EXHIBIT Declaration re 36 Unopposed MOTION to Seal by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Adams, Matt) (Entered: 08/01/2014)

Aug. 1, 2014

Aug. 1, 2014

PACER
38

SEALED DOCUMENT Exhibits A-F, Aldana Madrid Declaration by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM re 36 Unopposed MOTION to Seal (Adams, Matt) (Entered: 08/01/2014)

Aug. 1, 2014

Aug. 1, 2014

PACER
39

NOTICE that the following is RE-NOTED: 2 MOTION to Certify Class . Filed by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. Noting Date 8/22/2014, (Adams, Matt) (Entered: 08/01/2014)

Aug. 1, 2014

Aug. 1, 2014

PACER
40

EXHIBIT Declaration of S.R.I.C. re 28 Exhibit by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Adams, Matt) (Entered: 08/01/2014)

Aug. 1, 2014

Aug. 1, 2014

PACER

Set/Reset Hearings

Aug. 5, 2014

Aug. 5, 2014

PACER

Set/Reset Hearings: Telephone Conference set for 8/7/2014 at 10:00 AM before Judge Thomas S. Zilly. (CH)

Aug. 5, 2014

Aug. 5, 2014

PACER
41

NOTICE of Appearance by attorney Elianis N Perez on behalf of Defendants Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski. (Perez, Elianis) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER
42

NOTICE of Association of Attorney by Heidi Craig Garcia on behalf of Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Garcia, Heidi) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER
44

MINUTE ENTRY for proceedings held before Hon. Judge Thomas S. Zilly- Dep Clerk: Gail Glass; Pla Counsel: Matt Adams, Ahilan Arulanantham,Theodore Angelis, Hedi Craig Garcia and Stephen Kang; Def Counsel: William Silvin, Colin Kisor, Nichole Sardone, Elianis Perez, Yamileth Davila; CR: Nancy Bauer; Courtroom: Chambers;Telephone Conference held on 8/7/2014. Oral argument on the pending motions, docket nos. 2 and 24, is set for Wednesday, September 3, 2014, at 9:00 a.m. Defendants' responses to the pending motions are due on August 18, 2014, and plaintiffs' replies are due on Monday, August 25, 2014. Defendants may file a surreply, not to exceed twelve (12) pages in length, as to the jurisdictional issues only, on or before August 28, 2014. Motion Hearing set for 9/3/2014 at 09:00 AM in Courtroom 15206 before Judge Thomas S. Zilly. (GG) (Entered: 08/11/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER
43

NOTICE of Appearance by attorney Colin A Kisor on behalf of Defendants Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski. (Kisor, Colin) (Entered: 08/08/2014)

Aug. 8, 2014

Aug. 8, 2014

PACER
45

MINUTE ORDER Granting Plaintiffs' Unopposed 36 Motion to Seal by Judge Thomas S. Zilly. (LMK) (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

PACER
46

MOTION for Leave to File Brief of Amicus Curiae State of Washington by Amicus Rebecca R Glasgow. (Attachments: # 1 amicus curiae, # 2 Proposed Order) Noting Date 8/29/2014, (Glasgow, Rebecca) (Entered: 08/14/2014)

1 amicus curiae

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2 Proposed Order

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Aug. 14, 2014

Aug. 14, 2014

PACER
47

NOTICE of Appearance by attorney Yamileth G Davila on behalf of Defendants Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski. (Attachments: # 1 Certificate of Service)(Davila, Yamileth) (Entered: 08/15/2014)

1 Certificate of Service

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Aug. 15, 2014

Aug. 15, 2014

PACER
48

CERTIFICATE OF SERVICE by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM (Attachments: # 1 USPS Domestic Return Receipts)(Arulanantham, Ahilan) (Entered: 08/15/2014)

1 USPS Domestic Return Receipts

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Aug. 15, 2014

Aug. 15, 2014

PACER
49

AFFIDAVIT of Service of Summons and Complaint on all defendants on 7/21/2014, filed by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Angelis, Theodore) (Entered: 08/15/2014)

Aug. 15, 2014

Aug. 15, 2014

PACER
50

NOTICE of Appearance by attorney Margaret Kuehne Taylor on behalf of Defendants Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski. (Taylor, Margaret) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
51

RESPONSE, by Defendants Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski, to 24 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit Order in Gonzalez Machado v. Ashcroft, No. 02 0066 (E.D. Wash.))(Silvis, William) (Entered: 08/18/2014)

1 Exhibit Order in Gonzalez Machado v. Ashcroft, No. 02 0066 (E.D. Wash.)

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Aug. 18, 2014

Aug. 18, 2014

RECAP
52

Image has been Restricted per the Request of filer; Document to be Re-filed. RESPONSE, by Defendants Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski, to 2 MOTION to Certify Class . (Attachments: # 1 Exhibit Exhibits A-I, # 2 Proposed Order)(Davila, Yamileth) Modified on 8/21/2014; Defendants' will re-file redacted version of this document. (LMK). (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
53

Unopposed MOTION for Leave to File Excess Pages -Plaintiffs' Unopposed Motion for Leave to File Over-Length Replies by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM. (Attachments: # 1 Proposed Order) Noting Date 8/20/2014, (Angelis, Theodore) (Entered: 08/20/2014)

1 Proposed Order

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Aug. 20, 2014

Aug. 20, 2014

PACER

Terminate Motions

Aug. 21, 2014

Aug. 21, 2014

PACER

Plaintiffs' unopposed motion to exceed page limits, docket no. 53, is GRANTED. Plaintiffs may include an additional six (6) pages in their replies, to be allocated between the two briefs as plaintiffs wish. (KK)

Aug. 21, 2014

Aug. 21, 2014

PACER

Docket Annotation

Aug. 21, 2014

Aug. 21, 2014

PACER

Image in re to 52 Response has been Restricted per the Request of filer; Redacted Version of Document to be Re-filed by Defendant. (LMK)

Aug. 21, 2014

Aug. 21, 2014

PACER
54

Stipulated MOTION to replace Defendants' Certification Opposition and Withdraw Docket Entry No. 52 by Defendants Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski. (Attachments: # 1 Proposed Order Proposed Order Granting Stipulation To Replace and Withdraw Defendants' Certification Opposition, # 2 Exhibit Defendants' Replacement Certification Opposition, # 3 Exhibit Defendants' Replacement Exhibits to Certification Opposition, # 4 Exhibit Defendants' Replacement Proposed Order Denying Certification) Noting Date 8/22/2014, (Davila, Yamileth) (Entered: 08/22/2014)

1 Proposed Order Proposed Order Granting Stipulation To Replace and Withdraw Defen

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2 Exhibit Defendants' Replacement Certification Opposition

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3 Exhibit Defendants' Replacement Exhibits to Certification Opposition

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4 Exhibit Defendants' Replacement Proposed Order Denying Certification

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Aug. 22, 2014

Aug. 22, 2014

PACER
55

DISREGARD THIS FILING. FILED IN ERROR PER COUNSEL. CORRECTLY FILED AS 61 DECLARATION of Jojo Annobil, Esq. filed by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS re 24 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Arulanantham, Ahilan) (PS). (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER
56

DISREGARD THIS FILING. FILED IN ERROR PER COUNSEL. CORRECTLY FILED AS 62 DECLARATION of Erin Apte filed by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS re 24 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Arulanantham, Ahilan) (PS). (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER

Notice of Docket Text Modification

Aug. 25, 2014

Aug. 25, 2014

PACER
57

DECLARATION of William O. Holston, Jr., Esq. filed by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM re 24 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Arulanantham, Ahilan) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER
58

DECLARATION of Cheryl Pollman filed by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM re 24 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Arulanantham, Ahilan) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER
59

DECLARATION of David B. Thronson filed by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM re 24 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Arulanantham, Ahilan) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER
60

DECLARATION of Scott Bratton, Esq. filed by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM re 24 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Arulanantham, Ahilan) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER
61

DECLARATION of Jojo Annobil, Esq. filed by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM re 24 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Arulanantham, Ahilan) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER
62

DECLARATION of Erin Apte filed by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM re 24 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Arulanantham, Ahilan) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER
63

DECLARATION of Tin Than Nguyen, Esq. filed by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM re 24 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Arulanantham, Ahilan) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

RECAP
64

DECLARATION of Sonia Gutierrez filed by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM re 24 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Arulanantham, Ahilan) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER

NOTICE of Docket Text Modification re 55 Declaration, : DISREGARD THIS FILING. FILED IN ERROR PER COUNSEL. CORRECTLY FILED AS #61 (PS)

Aug. 25, 2014

Aug. 25, 2014

PACER

NOTICE of Docket Text Modification re 56 Declaration, : DISREGARD THIS FILING. FILED IN ERROR PER COUNSEL. CORRECTLY FILED AS #62 (PS)

Aug. 25, 2014

Aug. 25, 2014

PACER
65

REPLY, filed by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM, TO RESPONSE to 2 MOTION to Certify Class (Adams, Matt) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER
66

REPLY, filed by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM, TO RESPONSE to 24 MOTION for Preliminary Injunction (Arulanantham, Ahilan) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER
67

SUPPLEMENT re 59 Declaration by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM (Attachments: # 1 Curriculum Vitae of David B. Thronson)(Arulanantham, Ahilan) (Entered: 08/26/2014)

1 Curriculum Vitae of David B. Thronson

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Aug. 26, 2014

Aug. 26, 2014

PACER
68

NOTICE of Appearance by attorney Leon Fresco on behalf of Defendants Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski. (Fresco, Leon) (Entered: 08/27/2014)

Aug. 27, 2014

Aug. 27, 2014

PACER
69

NOTICE of Request for Video Recording of Motion Hearing on 9/3/2014, at 9:00 a.m. before Thomas S. Zilly. Parties must submit PARTY RESPONSE TO REQUEST FOR VIDEO RECORDING before Tuesday, 9/2/2014, by 1:00 p.m. Please Note: This form must not be filed electronically with the Court. (GG) (Entered: 08/28/2014)

Aug. 28, 2014

Aug. 28, 2014

RECAP
70

SURREPLY filed by Defendants Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit)(Silvis, William) (Entered: 08/28/2014)

1 Exhibit

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Aug. 28, 2014

Aug. 28, 2014

PACER

Docket Annotation

Aug. 30, 2014

Aug. 30, 2014

PACER

At the hearing scheduled for September 3, 2014, the Court intends to hear argument in the following sequence. First, the Court will hear argument on the jurisdictional issues, with each side having 30 minutes. With regard to the effect of 8 U.S.C. § 1252(b)(9), in addition to the authorities cited in their briefs, counsel shall be prepared to discuss the following cases: McNary v. Haitian Refugee Ctr., Inc., 498 U.S. 479 (1991); Reno v. Catholic Soc. Servs., Inc., 509 U.S. 43 (1993); City of Rialto v. W. Coast Loading Corp., 581 F.3d 865 (9th Cir. 2009); Proyecto San Pablo v. INS, 189 F.3d 1130 (9th Cir. 1999); and Ortiz v. Meissner, 179 F.3d 718 (9th Cir. 1999). With regard to the relief sought by plaintiffs, counsel shall also be prepared to discuss the effect of 8 U.S.C. § 1252(f). Second, the Court will hear argument on the merits of the motion for preliminary injunction, with each side having 20 minutes. Finally, the Court will hear argument on the motion for class certification, with each side having 15 minutes. (KK)

Aug. 30, 2014

Aug. 30, 2014

PACER
71

NOTIFICATION REGARDING PROPOSED VIDEO RECORDING. All parties have consented to the video recording of the Motion Hearing on 9/3/2014 at 9:00 a.m.. Unless otherwise ordered by the presiding judge, the proceeding will be video recorded as part of the CAMERAS Pilot Project. (ELS) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
72

MINUTE ORDER by Judge Thomas S. Zilly. The State of Washingtons unopposed motion for leave to participate as amicus curiae, docket no. 46 is GRANTED. The State of Washington will not be permitted to present oral argument at the hearing scheduled for September 3, 2014. The parties stipulated motion to replace defendants response to plaintiffs motion for class certification, docket no. 54 is GRANTED. Defendants original brief and supporting materials, docket no. 52, shall remain under seal.(LMK) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
73

AMENDED COMPLAINT against defendant(s) Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski, filed by J FM, GDS, J E FM, G M GC, D G FM.(Angelis, Theodore) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
76

MINUTE ENTRY for proceedings held before Hon. Judge Thomas S. Zilly- Dep Clerk: Gail Glass ; Pla Counsel: Ahilan Arulanantham, Matt Adams, Stephan Kang and Kristen Jackson; Def Counsel: Leon Fresco, William Silvis, Jeff Rosenblum and Brea Burgie; CR: Kari McGrath; Time of Hearing: 9:00a.m.; Courtroom: 15206;Motion Hearing held on 9/3/2014. The Court hears oral argument concerning plaintiffs' motion for class certification, docket no. 2, and plaintiffs' motion for preliminary injunction, docket no. 24 . The Court takes both motions under advisement. Plaintiffs are granted leave to file an amended complaint, and they are directed to electronically file their amended complaint as soon as possible. (GG) (Entered: 09/08/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
74

PRAECIPE to attach document Corrected re 73 Amended Complaint by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS (Attachments: # 1 Errata Amended Complaint-Class Action)(Angelis, Theodore) (Entered: 09/04/2014)

1 Errata Amended Complaint-Class Action

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Sept. 4, 2014

Sept. 4, 2014

PACER
75

NOTICE of Immigration Proceedings re 24 MOTION for Preliminary Injunction ; filed by Defendants Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski. (Attachments: # 1 Exhibit JEFM Continuance, # 2 Exhibit JFM Continuance, # 3 Exhibit DGFM Continuance)(Silvis, William) (Entered: 09/05/2014)

1 Exhibit JEFM Continuance

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2 Exhibit JFM Continuance

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3 Exhibit DGFM Continuance

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Sept. 5, 2014

Sept. 5, 2014

PACER
77

RESPONSE by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM re 75 Notice-Other, (Adams, Matt) (Entered: 09/09/2014)

Sept. 9, 2014

Sept. 9, 2014

RECAP
78

DECLARATION of Glenda M. Aldana Madrid re 77 Response (non motion) by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM (Adams, Matt) (Entered: 09/09/2014)

Sept. 9, 2014

Sept. 9, 2014

PACER
79

NOTICE of Appearance by attorney Erez Reuveni on behalf of Defendants Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski. (Reuveni, Erez) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

PACER
80

MOTION to Dismiss For Lack of Subject Matter Jurisdiction and Failure to State a Claim by Defendants Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski. (Attachments: # 1 Proposed Order) Noting Date 10/17/2014, (Reuveni, Erez) (Entered: 09/19/2014)

1 Proposed Order

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Sept. 19, 2014

Sept. 19, 2014

RECAP
81

ORDER by Judge Thomas S. Zilly. Plaintiffs 24 Motion for a preliminary injunction is DENIED. Plaintiffs 2 Motion for Class Certification is DEFERRED, and will be considered after the Court rules on defendants recently filed motion to dismiss, and only upon a finding that the Court has jurisdiction to consider the underlying claims. (LMK) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

RECAP
82

NOTICE that the following is RE-NOTED: 80 MOTION to Dismiss For Lack of Subject Matter Jurisdiction and Failure to State a Claim. Filed by Defendants Nathalie R. Asher, Sylvia M Burwell, Kenneth Hamilton, Eric H. Holder, Jeh Johnson, Eskinder Negash, Juan P. Osuna, Thomas S Winkowski. Noting Date 10/31/2014, (Silvis, William) (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

PACER
83

STIPULATION AND PROPOSED ORDER re briefing schedule for the motion to dismiss the amended complaint by parties (Silvis, William) (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

PACER
84

STIPULATION AND ORDER re 83 Stipulation filed re briefing schedule for the motion to dismiss the amended complaint by parties by Judge Thomas S. Zilly. (LMK) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
85

RESPONSE, by Plaintiffs D G FM, J FM, J E FM, G M GC, GDS, S R IC, F LB, MAM, to 80 MOTION to Dismiss For Lack of Subject Matter Jurisdiction and Failure to State a Claim. (Arulanantham, Ahilan) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

PACER

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 9, 2014

Closing Date: May 2, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

minors in removal proceedings in the Ninth Circuit as of June 24, 2016 who were financially unable to afford legal representation, were charged with inadmissibility, and had credible claims to relief under asylum, withholding of removal, Convention Against Torture, or existing U.S. citizenship

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU of Southern California

Northwest Immigrant Rights Project (NWIRP)

Public Counsel

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

U.S. Department of Justice (Washington), Federal

U.S. Immigration and Customs Enforcement (Washington), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Access to lawyers or judicial system

Juveniles

Immigration/Border:

Constitutional rights

Deportation - judicial review

Deportation - procedure

Immigration lawyers

Undocumented immigrants - rights and duties