Case: Batalla Vidal v. Nielsen

1:16-cv-04756 | U.S. District Court for the Eastern District of New York

Filed Date: Aug. 25, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 25, 2016, a Mexican-born Deferred Action for Childhood Arrivals (DACA) recipient living in New York filed this suit against U.S. Citizenship and Immigration Services (USCIS) in the U.S. District Court for the Eastern District of New York. The plaintiff, represented by Make the Road New York, the National Immigration Law Center, and the Jerome N. Frank Legal Services Organization, sued under the Administrative Procedure Act (APA) and 5 U.S.C. § 551, alleging that the revocation of his …

On August 25, 2016, a Mexican-born Deferred Action for Childhood Arrivals (DACA) recipient living in New York filed this suit against U.S. Citizenship and Immigration Services (USCIS) in the U.S. District Court for the Eastern District of New York. The plaintiff, represented by Make the Road New York, the National Immigration Law Center, and the Jerome N. Frank Legal Services Organization, sued under the Administrative Procedure Act (APA) and 5 U.S.C. § 551, alleging that the revocation of his employment authorization was unlawful, and seeking declaratory and injunctive relief to have the authorization reinstated. He also sought an award for reasonable attorney’s fees and costs. The case was assigned to Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein.

Specifically, the plaintiff claimed that USCIS granted the plaintiff a three-year employment authorization under DACA, which had been expanded by the Obama administration in 2014. That authorization was then revoked pursuant to a nationwide injunction granted by the U.S. District Court in United States v. Texas (IM-TX-0034 in this Clearinghouse), enjoining the Department of Homeland Security (DHS) from implementing the expansion of DACA, which had allowed the grant or renewal of deferred action and three-year employment authorization to individuals such as the plaintiff. In place of the three-year employment authorization, the plaintiff was issued a two-year authorization, which would require the plaintiff to go through the burdensome application process more frequently than under the expansion plan. The plaintiff claimed that the United States v. Texas court had issued an overly-broad injunction, lacked jurisdiction to bind New York residents, and that revocation of his three-year employment authorization violated the APA.

The plaintiff filed an amended complaint on September 29, 2016. Further proceedings were then postponed until briefing was completed, and there was no further activity in the case until Feb. 2017. On April 5, the court granted the parties' joint motion to stay the briefing schedule indefinitely pending proceedings in the U.S. v. Texas case.

Nothing significant happened until Sept. 5, 2017, when the Trump administration revoked DACA. That day, the plaintiffs moved for a pre-motion conference, which the court immediately granted. The plaintiffs stated that they wanted leave to amend their complaint, highlighting that "[m]illions of people have benefited from, and relied on, the DACA program over the past five years," including the DACA recipients themselves and those close to them. As a result, the plaintiffs argued that "the Government has failed to provide a reasoned explanation for its reversal, in violation of the [Administrative Procedure Act]" and that "the Administration’s reversal is unconstitutionally motivated by anti-Mexican and anti-Latino animus, in violation of the equal protection component of the Due Process Clause of the Fifth Amendment." Pursuant to a Sept. 7 court order, the plaintiffs filed a letter on Sept. 11 stating the additional claims they planned to assert in an amended complaint, the interests of individual parties they want to add as plaintiffs, and additional defendants they wanted to name. The letter asserted additional claims that the government violated the APA, the Regulatory Flexibility Act, and Fifth Amendment equal protection and due process. The plaintiffs also stated they were seeking to add as plaintiffs individuals with current DACA status, and as defendants President Trump, the Acting Secretary of Homeland Security (Elaine Duke), and the Attorney General (Jeff Sessions).

The plaintiffs filed that amended complaint on Sept. 19. In addition to including the aforementioned changes, the amended complaint also requested class certification for a "class consisting of (1) all persons with DACA as of September 5, 2017; and (2) all persons who are or will be eligible for DACA under the terms of the 2012 Guidance" for all claims except the Regulatory Flexibility Act claim. Also on that day, the plaintiffs gave notice of voluntarily dismissing the defendants named in the original complaint.

On Oct. 6, the defendants filed the administrative record, which included a series of government documents pertaining to DACA from its inception up to the decision to rescind it. The plaintiffs then moved to compel the defendants to complete the administrative record, arguing that the defendants did not produce all relevant documents leading to the rescission. Specifically, they omitted related documents that Acting Secretary Duke did not directly review. The court granted the motion on Oct. 19.

The defendants appealed to the Second Circuit, which granted an emergency motion for a stay of discovery and record supplementation in the district court pending consideration by the Second Circuit on Oct. 20.

On Oct. 27, 2017, the defendants moved to dismiss the case, arguing that the rescission was an enforcement action "presumed immune from judicial review" and that the government provided ample explanation for the rescission based on the enjoinment of DAPA (Deferred Action for Parents of Americans) in U.S. v. Texas. On Nov. 9, the court granted in part and denied in part the motion. 2017 WL 4737280. The court dismissed the plaintiffs' claim that the government violated due process by failing to provide individualized notice of the rescission because the plaintiffs lacked standing. The court did find, however, that the plaintiffs had standing to challenge the DACA rescission. The court reserved ruling on the government's motion to dismiss for failure to state a claim and denied all other parts of its motion.

On Dec. 11, 2017, the plaintiffs filed an amended complaint, naming Kirstjen M. Nielsen as a defendant in her capacity as the Secretary of DHS. They filed motions for a preliminary injunction and class certification on Dec. 15. The plaintiffs wanted to enjoin the rescission and certify a class defined as: "(1) all persons with deferred action through DACA as of September 5, 2017; and (2) all persons who are or will be eligible for deferred action under the terms of the original DACA guidance issued by DHS in 2012; (3) except the individual recipients of, or applicants for, deferred action through DACA who are Plaintiffs in other actions challenging the DACA Termination pending in a U.S. District Court as of December 11, 2017."

The government moved to dismiss the new complaint on Dec. 26.

Meanwhile, a series of entities filed amicus briefs. The following entities filed in support of the plaintiffs: over 100 companies, educational justice organizations, Fred T. Korematsu Center for Law and Equality, historians, public education groups, law enforcement leaders, workers' organizations, legal services organizations, New York University, Latino/a services and support organizations, the Mexican government, dozens of religious organizations, immigration nonprofits, various U.S. cities and counties, and civil rights organizations.

On Dec. 27, the Second Circuit denied the government's petition for mandamus and lifted the district court's stay on discovery. Seeking to appeal the court's Nov. 9, 2017 decision, two days later, the government moved to stay further supplementation of the administrative record in the district court in light of its pending filing of a "petition for writ of mandamus challenging the scope of the administrative record and discovery in these matters." The court granted the motion on Dec. 30 pending consideration of the government's motion for certification of interlocutory appeal of the Nov. 9 order. On Jan. 8, the court granted the government's motion for certification of interlocutory appeal and stayed further proceedings pending resolution in the Second Circuit. 2018 WL 333515. The government appealed the Nov. 9 order that day.

On Jan. 31, 2018, the Second Circuit ordered that the petitions for leave to appeal be held in abeyance while the district court resolved the motions for injunctive relief and dismissal.

On Feb. 13, 2018, the district court granted the preliminary injunction, holding that the government had not provided a legally sufficient basis for ending the DACA program. 279 F. Supp. 3d 401. The court found that while the government could end DACA, the question was whether they provided the necessary legally adequate reasons for the rescission. The court found that the decision to end the program was based on an erroneous conclusion that DACA was unconstitutional and violated the APA and the Immigration & Nationality Act (INA), and that this conclusion in turn relied on the "plainly incorrect factual premise" that courts have found the related DAPA program to have "constitutional defects." The court also found that the purported reason for rescission was contradictory in that the government claimed DACA must end because it was unconstitutional and yet also provided for a wind-down period in which certain DACA renewal applications would continue to be adjudicated. As a result, the court held that the rescission was arbitrary and capricious and enjoined the government from ending the program on a nationwide basis pending the court's decision on the merits of the case. In the same order, the court also denied the plaintiffs' motion for class certification as moot.

The government filed notice on Feb. 20 that it had appealed the preliminary injunction to the Second Circuit.

On March 29, 2018, the district court granted in part and denied in part the government's motion to dismiss. 279 F. Supp. 3d 401. The court dismissed the plaintiffs' claim that the rescission violated the APA's requirement for notice-and-comment, finding that the rescission memorandum was a general statement of policy exempt from the notice-and-comment requirement rather than a legislative rule. This finding led the court to further dismiss the plaintiffs' claim regarding Regulatory Flexibility Act violations since an RFA violation is contingent on a notice-and-comment requirement in the first place. The court also dismissed the plaintiffs' claim that the government changed its information-use policy but left the door open to other challenges of that policy. The court sustained the plaintiffs' equal protection claim that the rescission was motivated by racial animus against Latinos, finding that the plaintiffs adequately alleged the rescission had a disparate impact. Further, the court found that while the plaintiffs may not have sufficiently alleged that Acting Secretary Duke or the Attorney General had discriminatory intent, they did sufficiently allege that President Trump may have had such intent and that his influence on the rescission cannot be ignored.

The government promptly appealed the decision to the Second Circuit, which granted leave to appeal the November 9, 2017, and March 29, 2018 orders of the district court.

Meanwhile, the defendants sought certiorari from the U.S. Supreme Court before judgment in this case, as well as in Regents of the University of California v. DHS and NAACP v. Trump. In both this case and Regents of the University of California v. U.S. Department of Homeland Security, the district courts had granted a nationwide injunction to maintain the DACA program. In NAACP v. Trump, the district court also found that the vacatur of rescission was proper, but later granted a limited stay for certain DACA applications pending appeal. All three cases were appealed to the Circuit courts as well. On June 28, 2019, the Supreme Court agreed to consolidate and hear these three cases. 139 S.Ct. 2779.

The Supreme Court heard oral argument on November 12, 2019, on the issues of whether DHS's decision to wind down the DACA policy is judicially reviewable and whether DHS’s decision to rescind DACA is lawful.

On June 18, 2020, in an opinion by Chief Justice Roberts (joined by Justices Ginsburg, Breyer, Kagan, and Sotomayor), the Court held that the DACA rescission was subject to judicial review under the APA and that the DHS secretary had offered insufficient justification to rescind the program. 2020 WL 3271746. The case was remanded to the district court. 966 F.3d 1036.

On July 28, 2020, the Acting Secretary of DHS issued a memorandum effectively suspending DACA while DHS reviewed it. The plaintiffs sought to challenge the memorandum on the grounds that the Acting Secretary was not lawfully appointed to his position and thus did not have the authority to issue the memorandum. The plaintiffs also argued that the memorandum was arbitrary and capricious under the APA. The district court directed the parties to brief their cross-motions for partial summary judgment on whether the Acting Secretary lawfully held his position.

Before the district court issued its opinion, the plaintiffs filed a Fourth Amended Complaint on August 28, 2020. In their amended complaint, the plaintiffs (composed of four new DACA recipients and dropping one old recipient) renamed President Trump as a defendant and added as defendants the purported Acting Secretary of DHS, DHS, the Deputy Director for Policy of USCIS, and USCIS. The plaintiffs also redefined the class to include “[a]ll persons who are or will be prima facie eligible for deferred action under the terms of the Napolitano Memorandum" and defined a subclass including individuals who had DACA applications pending between June 30, 2020 and July 28, 2020 that had not been adjudicated. The plaintiffs alleged that the President, the purported Acting Secretary, and DHS had violated the FVRA and the Appointments Clause of the U.S. Constitution by failing to adhere to the appointments process. Specifically, the plaintiffs alleged that the purported Acting Secretary's predecessor held his position for more than 210 days in violation of FVRA and thus had no authority to appoint a successor. Moreover, the purported Acting Secretary had not been confirmed by the Senate. As a result, the plaintiffs alleged, the Acting Secretary lacked the authority to issue the memorandum.

On November 14, 2020, the court found that the Acting Secretary was not lawfully serving as Acting Secretary of DHS and therefore did not have the authority to issue the memorandum. 2020 WL 6695076. Accordingly, the court granted the plaintiffs' motion for partial summary judgment and denied defendants' cross-motions for summary judgment. The court also granted the plaintiffs' motion for class certification of the newly proposed class; the certification consisted of a main class (the "DACA Class") and a subclass (the "Pending Applications Subclass"). The DACA Class included all persons who are or will be prima facie eligible for deferred action under the terms of the 2012 Napolitano Memorandum. The Pending Application Subclass included all persons who had an application for deferred action through DACA, whether initial or renewal, pending at USCIS on any date between June 30, 2020, and July 28, 2020, that have not been or will not be adjudicated in accordance with the 2012 Napolitano Memorandum.

The plaintiffs filed another partial motion for summary judgment on November 24, 2020. The court granted the plaintiffs’ motion on December 4, 2020, vacating the Acting Secretary's memorandum and ordering DHS to resume processing DACA applications and to notify the public accordingly. 2020 WL 7121849. he order required DHS to accept initial DACA applications, accept advance parole applications, and grant DACA renewals for two-years. On December 7, 2020 USCIS updated their website and indicated that effective that day, USCIS would accept initial applications, extend one-year DACA renewals to two-years, and accept applications for advance parole.

This case is ongoing.

Summary Authors

Nicholas Hazen (2/2/2017)

Virginia Weeks (3/30/2018)

Sam Kulhanek (2/19/2020)

Averyn Lee (6/18/2020)

Becca Rogers (12/19/2020)

Related Cases

State of Texas v. United States, Southern District of Texas (2014)

State of New York v. Trump, Eastern District of New York (2017)

Regents of University of California v. U.S. Department of Homeland Security, Northern District of California (2017)

National Association for the Advancement of Colored People v. Trump, District of Columbia (2017)

Trustees of Princeton University v. U.S., District of Columbia (2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4521200/parties/batalla-vidal-v-nielsen/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Droney, Christopher Fitzgerald (New York)

Garaufis, Nicholas (New York)

Kavanaugh, Brett M. (District of Columbia)

Lynch, Gerard E. (New York)

Orenstein, James (New York)

Roberts, John Glover Jr. (District of Columbia)

Scanlon, Vera M. (New York)

Sotomayor, Sonia (District of Columbia)

Thomas, Clarence (District of Columbia)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Droney, Christopher Fitzgerald (New York)

Garaufis, Nicholas (New York)

Kavanaugh, Brett M. (District of Columbia)

Lynch, Gerard E. (New York)

Orenstein, James (New York)

Roberts, John Glover Jr. (District of Columbia)

Scanlon, Vera M. (New York)

Sotomayor, Sonia (District of Columbia)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Ahmad, Muneer I. (Connecticut)

Amend, Andrew W. (New York)

Austin, Paige (New York)

Axt, Deborah (New York)

Balderas, Hector (New Mexico)

Chin, Douglas S.G. (Hawaii)

Cox, Justin Bryan (Georgia)

Dell, Vanessa Laura (New York)

Denn, Matthew P. (Delaware)

Donovan, Thomas J. Jr. (Vermont)

Frankel, David S (New York)

Hanson, Jessica R. (California)

Healey, Maura T. (Massachusetts)

Herring, Mark R. (Virginia)

Hickenlooper, John W. (Colorado)

Jepsen, George (Connecticut)

Joachin, Mayra B. (California)

Keaney, Melissa S. (California)

Kilmartin, Peter F. (Rhode Island)

Lee, Clement (New York)

Madigan, Lisa (Illinois)

Martinez-Olguin, Araceli (New York)

Melmed, Jacki Cooper (Colorado)

Orihuela, Marisol (California)

Racine, Karl A. (District of Columbia)

Rebert, Trudy S. (New York)

Rosenblum, Ellen F. (Oregon)

Rosenthal, Joshua M. (New York)

Schapira, Alexia (New York)

Shapiro, Joshua D. (Pennsylvania)

Stein, Joshua H (North Carolina)

Taylor, Amy S. (New York)

Tumlin, Karen C. (California)

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

Bailey, Kate (District of Columbia)

Dodge, Christopher D. (Massachusetts)

Dunn, Scott (New York)

Ellis, Jonathan Y. (District of Columbia)

Francisco, Noel (District of Columbia)

Halainen, Daniel (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Kirschner, Adam D. (District of Columbia)

Marutollo, Joseph Anthony (New York)

Mooppan, Hashim M. (District of Columbia)

Pezzi, Stephen M. (District of Columbia)

Pulham, Thomas (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Rohde, Stephen Lee (Texas)

Rosenberg, Brad P. (District of Columbia)

Shumate, Brett (District of Columbia)

Thorp, Galen N. (District of Columbia)

Tyler, John Russell (District of Columbia)

Underwood, Barbara D. (District of Columbia)

Wall, Jeffrey B. (District of Columbia)

Westmoreland, Rachael (District of Columbia)

Other Attorney(s)

Alam, Lubna A. (District of Columbia)

Alger, Maureen P. (California)

Badlani, Chirag (Illinois)

Berck, Greg (New York)

Berner, Nicole (District of Columbia)

Bhatti, Upnit K (District of Columbia)

Bohorquez, Fernando A. (New York)

Brennan, Kelley A. (New Mexico)

Bronson, Kristin M. (Colorado)

Bryant, Bruce (District of Columbia)

Calemine, Jody (District of Columbia)

Carlson, Jennifer (New York)

Carome, Patrick J. (District of Columbia)

Cartagena, Juan (New York)

Carter, Margaret L. (California)

Chang, Robert S. (Washington)

Clark, James Patrick (California)

Conboy, Jacinda Hall (New York)

Cooper, Channing M. (District of Columbia)

Coston, William D. (District of Columbia)

Cuenin, Ari (Texas)

Curran, Brian F. (New York)

Davies, Mark (District of Columbia)

DeGroote, Jessa (New York)

DiGrande, Melissa (New York)

Dilg, Lane (California)

Dilkes, Eleanor (Iowa)

Dundas, Michael Joseph (California)

Elliott, Mara W. (California)

Ferguson, Ashley C. (New York)

Feuer, Michael Nelson (California)

Fisher, Cheryl Watson (Massachusetts)

Fiur, Seth D. (New York)

Flores, Valerie L. (California)

Foletta, Scott (New York)

Foxx, Kimberly M. (Illinois)

Freedman, Alexander (California)

Fresco, Leon (District of Columbia)

Friel, Alan L. (California)

Gans, David H. (District of Columbia)

Geltzer, Joshua A. (District of Columbia)

Gertner, Leo (District of Columbia)

Gittens, Naomi E. (Virginia)

Glowa, Nancy E. (Massachusetts)

Goldhammer, Sean (District of Columbia)

Goldiner, Judith (New York)

Goldman, Lauren R (New York)

Grandwetter, David (New York)

Gray, Danielle C. (New York)

Guerra, Michael Anthony (New York)

Gupta, Deepak (District of Columbia)

Harrell, J. Wells (District of Columbia)

Harris, John Barney (New York)

Hawkins, Kyle Douglas (Texas)

Herrera, Dennis J. (California)

Holder, Adriene L. (New York)

Holmes, Peter S. (Washington)

Holtzblatt, Ari (District of Columbia)

James, Seymour W. Jr. (New York)

Jenkins, Michael (California)

Jestin, Katya T. (New York)

Kapur, Leela (California)

Karanjia, Peter (District of Columbia)

Kennelly, Kaitland McCann (New York)

Khan, Juvaria (District of Columbia)

Khandawala, Leena (New York)

Klipper, Erica (New York)

Kolick, Joseph E. (Maryland)

Kolodin, Zachary J. F. (New York)

Kolodner, Jonathan Samuel (New York)

Lederer, Caryn C (Illinois)

Levy, Jennifer (New York)

Li, Joan Renxin (California)

Lin, Karen (New York)

Lopez, Janine Marie (Massachusetts)

Mangi, Adeel Abdullah (New York)

Martinez, Mario (California)

Mateer, Jeffrey C (Texas)

Maytal, Anat (New York)

McLaughlin, Matthew T. (New York)

Miller, Joseph W. (California)

Morgan, Anne L. (Texas)

Negron, Francisco (Virginia)

Nolan, Terrance J. (New York)

O'Brien, Alice (District of Columbia)

Obus, Steven E. (New York)

O'Flaherty, Eugene (Massachusetts)

Olson, William J. (Virginia)

Parker, Barbara J (California)

Paxton, Ken (Texas)

Payer, Paul (Massachusetts)

Perez, Pedro J. (New York)

Piers, Matthew J. (Illinois)

Pincus, Andrew J. (District of Columbia)

Rainwater, Shiloh (New York)

Rankin, Michael (Arizona)

Reaves, John Daniel (District of Columbia)

Reeve, Tracy (Oregon)

Reilly, Robert T. (New York)

Rivlin, Judith (District of Columbia)

Ross, Adam (New York)

Rutter, Jessica (District of Columbia)

Ruyak, Matthew D. (California)

Saad, Martin L. (District of Columbia)

Sarnoff, Stuart M. (New York)

Satterberg, Daniel T. (Washington)

Scherb, Matthew Alex (California)

Schneider, Rory K. (New York)

Schwartz, William J. (New York)

Segal, Susan L. (Minnesota)

Shafiqullah, Hasan (New York)

Shebaya, Sirine (District of Columbia)

Sheikh, Sameer Parvez (District of Columbia)

Sherman, Monique R (California)

Siegel, Michael (Texas)

Silverstein, Thomas S. (District of Columbia)

Siskel, Edward N. (Illinois)

Smith, Deborah L. (District of Columbia)

Sokol, Howard (New York)

Sokoler, Jennifer B (New York)

Star, Wendy Michelle (New York)

Stern, Rikki S. (New York)

Strom, David J. (District of Columbia)

Sullivan, John C. (Texas)

Suvor, Daniel R (California)

Titus, Herbert W. (Virginia)

Tulante, Sozi Pedro (Pennsylvania)

Vega-Brown, Jennifer (New Mexico)

Vigliotti, Oriana (New York)

Waxman, Seth (District of Columbia)

Welber, Susan (New York)

Wilson, Kara Corinne (New York)

Woo, Tiffany M. (New York)

Worona, Jay (New York)

Wright, Francis X. Jr. (Massachusetts)

Zalesin, Steven Alan (New York)

Zuberi, Madiha M. (New York)

Zwiebach, Peter (New York)

Expert/Monitor/Master

Dasgupta, Anisha (New York)

Documents in the Clearinghouse

Document

1:16-cv-04756

0:17-cv-05228

Docket [PACER]

Dec. 18, 2020

Dec. 18, 2020

Docket
1

1:16-cv-04756

Complaint

Batalla Vidal v. Baran

Aug. 25, 2016

Aug. 25, 2016

Complaint
29

1:16-cv-04756

Amended Complaint

Batalla Vidal v. Baran

Sept. 29, 2016

Sept. 29, 2016

Complaint
46

1:16-cv-04756

Re: Batalla Vidal v. Baran

Batalla Vidal v. Baran

Sept. 5, 2017

Sept. 5, 2017

Pleading / Motion / Brief
52

1:16-cv-04756

Re: Batalla Vidal v. Baran

Batalla Vidal v. Baran

Sept. 11, 2017

Sept. 11, 2017

Correspondence
56

1:16-cv-04756

Re: Batalla Vidal v. Baran

Batalla Vidal v. Baran

Sept. 13, 2017

Sept. 13, 2017

Pleading / Motion / Brief
61

1:16-cv-04756

Notice of Voluntary Dismal Pursuant to F.R.C.P. 41(a)(1)(A)(i)

Batalla Vidal v. Duke

Sept. 19, 2017

Sept. 19, 2017

Notice Letter
60

1:16-cv-04756

Second Amended Complaint

Batalla Vidal v. Duke

Sept. 19, 2017

Sept. 19, 2017

Complaint
77

1:16-cv-04756

Notice of Filing of Administrative Record

Batalla Vidal v. Baran

Oct. 6, 2017

Oct. 6, 2017

Pleading / Motion / Brief
95

1:16-cv-04756

Notice of Motion to Dismiss

Batalla Vidal v. Baran

Oct. 27, 2017

Oct. 27, 2017

Notice Letter

Resources

Title Description External URL Date / External URL

Wolf v. Vidal

SCOTUS Blog

Holding: The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals program was arbitrary and capricious under the Administrative Procedure Act.

June 18, 2020

June 18, 2020

https://www.scotusblog.com/...

Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)

Department of Homeland Security

"This memorandum rescinds the June 15, 2012 memorandum entitled 'Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,' which established the prog… Sept. 5, 2017

Sept. 5, 2017

https://www.dhs.gov/...

Batalla Vidal v. Baran

Yale Law School

Summary of case provided by co-counsel Worker and Immigrant Rights Advocacy Clinic at Yale Law School Sept. 6, 2017

Sept. 6, 2017

https://law.yale.edu/...

Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017

Feb. 20, 2017

https://www.dhs.gov/...

Executive Order 13768: Enhancing Public Safety in the Interior of the United States

President Donald Trump

Jan. 25, 2017

Jan. 25, 2017

https://www.gpo.gov/...

Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017

Feb. 20, 2017

https://www.dhs.gov/...

Executive Order 13767: Border Security and Immigration Enforcement Improvements

President Donald Trump

Jan. 27, 2017

Jan. 27, 2017

None

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4521200/batalla-vidal-v-nielsen/

Last updated Aug. 7, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link

Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)

Aug. 25, 2016

Aug. 25, 2016

PACER
1

COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-8866017 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Martin Jonathan Batalla Vidal. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Civil Cover Sheet) (Taylor, Amy)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

5 Exhibit

View on PACER

6 Civil Cover Sheet

View on PACER

Aug. 25, 2016

Aug. 25, 2016

RECAP
2

Civil Cover Sheet.. by Martin Jonathan Batalla Vidal (Taylor, Amy)

Aug. 25, 2016

Aug. 25, 2016

PACER
3

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly)

Aug. 25, 2016

Aug. 25, 2016

PACER
4

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)

Aug. 25, 2016

Aug. 25, 2016

PACER
5

NOTICE of Appearance by Michael J. Wishnie on behalf of All Plaintiffs (aty to be noticed) (Wishnie, Michael)

Aug. 26, 2016

Aug. 26, 2016

PACER
6

Proposed Summons. by Martin Jonathan Batalla Vidal (Wishnie, Michael)

Aug. 26, 2016

Aug. 26, 2016

PACER
7

Summons Issued as to Kathy A. Baran, Susan M. Curda, Kelvin Medlock, Donald W. Neufeld. (Lee, Tiffeny)

Aug. 29, 2016

Aug. 29, 2016

PACER
8

MOTION for Leave to Appear Pro Hac Vice Karen C. Tumlin Filing fee $ 150, receipt number 0207-8875764. by Martin Jonathan Batalla Vidal. (Attachments: # (1) Notice of Motion, # (2) Affidavit in Support) (Tumlin, Karen)

1 Notice of Motion

View on PACER

2 Affidavit in Support

View on PACER

Aug. 29, 2016

Aug. 29, 2016

PACER

ORDER denying 8 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to renewal in conformity with this court's local rules, which require that an application for admission pro hac vice include a certificate from the state court of each state in which the applicant is a member of the bar confirming that the applicant is a member in good standing of the state court's bar. See Loc. Civ. R. 1.3(c). Ordered by Magistrate Judge James Orenstein on 8/30/2016. (Howley, Thomas)

Aug. 30, 2016

Aug. 30, 2016

PACER

ORDER granting Plaintiff's 10 application for Pre-Motion Conference. The application is GRANTED. The parties are instructed to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 8/30/2016. (Polaris, Julian)

Aug. 30, 2016

Aug. 30, 2016

PACER
9

SUMMONS Returned Executed by Martin Jonathan Batalla Vidal. All Defendants. (Wishnie, Michael)

Aug. 30, 2016

Aug. 30, 2016

PACER
10

Letter MOTION for pre motion conference by Martin Jonathan Batalla Vidal. (Wishnie, Michael)

Aug. 30, 2016

Aug. 30, 2016

PACER
11

First MOTION for Leave to Appear Pro Hac Vice on behalf of Clement Lee Filing fee $ 150, receipt number 0207-8878570. by Martin Jonathan Batalla Vidal. (Taylor, Amy)

Aug. 30, 2016

Aug. 30, 2016

RECAP
12

ORDER granting [11] Motion for Leave to Appear Pro Hac Vice -- Attorney Clement K. Lee, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 7, 2016, Mr. Lee shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Lee shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Lee shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 8/31/2016. (Howley, Thomas)

Aug. 31, 2016

Aug. 31, 2016

PACER
13

MOTION for Leave to File Law Student Appearances by Martin Jonathan Batalla Vidal. (Attachments: # (1) Law Student Intern Appearance Form of Willem Bloom, # (2) Law Student Intern Appearance Form of Jordan Laris Cohen, # (3) Law Student Intern Appearance Form of Amit Jain, # (4) Law Student Intern Appearance Form of Aaron Korthuis, # (5) Law Student Intern Appearance Form of Zachary Manfredi) (Wishnie, Michael)

1 Law Student Intern Appearance Form of Willem Bloom

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2 Law Student Intern Appearance Form of Jordan Laris Cohen

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3 Law Student Intern Appearance Form of Amit Jain

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4 Law Student Intern Appearance Form of Aaron Korthuis

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5 Law Student Intern Appearance Form of Zachary Manfredi

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Aug. 31, 2016

Aug. 31, 2016

PACER
14

MOTION for Leave to Appear Pro Hac Vice on behalf of Karen C. Tumlin Filing fee $ 150, receipt number 0207-8880437. by Martin Jonathan Batalla Vidal. (Attachments: # (1) Affidavit in Support, # (2) Certificate of Good Standing) (Tumlin, Karen)

1 Affidavit in Support

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2 Certificate of Good Standing

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Aug. 31, 2016

Aug. 31, 2016

PACER

ORDER granting 13 Motion for Leave to File Law Student Appearances -- The motion is granted. The law students are authorized to appear under the supervision of attorney Michael J. Wishnie. Ordered by Magistrate Judge James Orenstein on 9/1/2016. (Howley, Thomas)

Sept. 1, 2016

Sept. 1, 2016

PACER
15

ORDER granting [14] Motion for Leave to Appear Pro Hac Vice -- Attorney Karen C. Tumlin, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 8, 2016, Ms. Tumlin shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Tumlin shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Tumlin shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/1/2016. (Howley, Thomas)

Sept. 1, 2016

Sept. 1, 2016

RECAP
16

NOTICE of Appearance by Clement Lee on behalf of Martin Jonathan Batalla Vidal (aty to be noticed) (Lee, Clement)

Sept. 1, 2016

Sept. 1, 2016

PACER
17

NOTICE of Appearance by Scott Dunn on behalf of All Defendants (aty to be noticed) (Dunn, Scott)

Sept. 7, 2016

Sept. 7, 2016

PACER
18

MOTION for Leave to Appear Pro Hac Vice on behalf of Muneer I. Ahmad Filing fee $ 150, receipt number 0207-8892225. by Martin Jonathan Batalla Vidal. (Ahmad, Muneer)

Sept. 7, 2016

Sept. 7, 2016

PACER
19

NOTICE of Appearance by Karen C. Tumlin on behalf of Martin Jonathan Batalla Vidal (notification declined or already on case) (Tumlin, Karen)

Sept. 7, 2016

Sept. 7, 2016

PACER
20

ORDER granting [18] Motion for Leave to Appear Pro Hac Vice -- Attorney Muneer I. Ahmad, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 15, 2016, Mr. Ahmad shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Ahmad shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Ahmad shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/8/2016. (Howley, Thomas)

Sept. 8, 2016

Sept. 8, 2016

PACER
21

NOTICE of Appearance by Adam Kirschner on behalf of All Defendants (aty to be noticed) (Kirschner, Adam)

Sept. 9, 2016

Sept. 9, 2016

PACER
22

NOTICE of Appearance by Muneer Ahmad on behalf of Martin Jonathan Batalla Vidal (notification declined or already on case) (Ahmad, Muneer)

Sept. 9, 2016

Sept. 9, 2016

PACER
23

NOTICE by Kathy A. Baran, Susan M. Curda, Kelvin Medlock, Donald W. Neufeld, Proposed Briefing Schedule (Kirschner, Adam)

Sept. 15, 2016

Sept. 15, 2016

PACER
24

MOTION for Leave to Appear Pro Hac Vice on behalf of Marisol Orihuela Filing fee $ 150, receipt number 0207-8921984. by Martin Jonathan Batalla Vidal. (Orihuela, Marisol)

Sept. 19, 2016

Sept. 19, 2016

PACER
25

ORDER granting [24] Motion for Leave to Appear Pro Hac Vice -- Attorney Marisol Orihuela, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 27, 2016, Ms. Orihuela shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Orihuela shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Orihuela shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/20/2016. (Howley, Thomas)

Sept. 20, 2016

Sept. 20, 2016

PACER
26

NOTICE of Appearance by Marisol Orihuela on behalf of Martin Jonathan Batalla Vidal (notification declined or already on case) (Orihuela, Marisol)

Sept. 20, 2016

Sept. 20, 2016

PACER
27

MOTION for Leave to Appear Pro Hac Vice Justin Cox Filing fee $ 150, receipt number 0207-8931610. by Martin Jonathan Batalla Vidal. (Cox, Justin)

Sept. 21, 2016

Sept. 21, 2016

PACER

Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-Motion Conference held on 9/22/2016. Counsel for both parties present. The court granted leave for Plaintiff to file an amended complaint, and for both parties to file motions for dismissal or summary judgment. The court set the following schedule: Plaintiff shall file his amended complaint by September 29, 2016; Plaintiff shall serve his motion by October 6, 2016; Defendants shall serve their consolidated opposition and cross-motion by November 10, 2016; Plaintiff shall serve his reply, if any, and his consolidated opposition by November 30, 2016; and Defendants shall serve their reply, if any, and file the fully briefed motions by December 28, 2016. Oral argument is scheduled for January 25, 2017, at 2 p.m. The court granted Defendants' oral request to stay Defendants' answer to the anticipated amended complaint until 30 days after the court rules on the parties' dispositive motions. (Court Reporter Anthony Mancuso) (Polaris, Julian)

Sept. 22, 2016

Sept. 22, 2016

PACER
28

ORDER granting [27] Motion for Leave to Appear Pro Hac Vice -- Attorney Justin B. Cox, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 29, 2016, Mr. Cox shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Cox shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Cox shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/22/2016. (Howley, Thomas)

Sept. 22, 2016

Sept. 22, 2016

PACER
29

AMENDED COMPLAINT against All Defendants, filed by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit) (Wishnie, Michael)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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Sept. 29, 2016

Sept. 29, 2016

RECAP
30

Proposed Summons. by Martin Jonathan Batalla Vidal, Make the Road New York (Wishnie, Michael)

Oct. 5, 2016

Oct. 5, 2016

PACER
31

NOTICE of Appearance by Justin B. Cox on behalf of All Plaintiffs (aty to be noticed) (Cox, Justin)

Oct. 5, 2016

Oct. 5, 2016

PACER
32

Summons Issued as to Leon Rodriguez, U.S. Attorney and U.S. Attorney General. (Lee, Tiffeny)

Oct. 11, 2016

Oct. 11, 2016

RECAP
33

SUMMONS Returned Executed by Make the Road New York, Martin Jonathan Batalla Vidal. Leon Rodriguez served on 10/11/2016, answer due 11/1/2016. (Wishnie, Michael)

Oct. 12, 2016

Oct. 12, 2016

RECAP
34

MOTION for Leave to File Law Student Appearances by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # (1) Law Student Appearances) (Wishnie, Michael)

1 Law Student Appearances

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Oct. 27, 2016

Oct. 27, 2016

PACER
35

First MOTION to Stay Briefing Schedule by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # (1) Proposed Order) (Wishnie, Michael)

1 Proposed Order

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Nov. 21, 2016

Nov. 21, 2016

PACER
36

ORDER granting [35] Motion to Stay Briefing Schedule. Plaintiffs' response to Defendants' Motion to Dismiss and Motion in Opposition to Plaintiffs' Motion for Summary Judgment is due on February 20,2017. Defendant's reply is due on March 20,2017. The hearing currently scheduled for January 25,2017 will be postponed until briefing is completed. So Ordered by Judge Nicholas G. Garaufis on 11/21/2016. (Lee, Tiffeny)

Nov. 22, 2016

Nov. 22, 2016

RECAP

ORDER granting 34 Motion for Leave to File -- The motion is granted. The law students are authorized to appear under the supervision of attorney Michael J. Wishnie. Ordered by Magistrate Judge James Orenstein on 11/28/2016. (Miao, Tiffany)

Nov. 28, 2016

Nov. 28, 2016

PACER
37

Joint MOTION to Stay Briefing Schedule by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # (1) Proposed Order) (Wishnie, Michael)

1 Proposed Order

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Feb. 13, 2017

Feb. 13, 2017

PACER
38

ORDER granting Joint [37] Motion to Stay Briefing Schedule. Plaintiffs' response to Defendants' Motion to Dismiss and Motion in Opposition to Plaintiffs' Motion for Summary Judgment is due on April 17, 2017. Defendants' reply is due on May 15, 2017. So Ordered by Judge Nicholas G. Garaufis on 2/14/2017. (Lee, Tiffeny)

Feb. 15, 2017

Feb. 15, 2017

PACER
39

NOTICE of Appearance by Daniel Halainen on behalf of All Defendants (aty to be noticed) (Halainen, Daniel)

March 27, 2017

March 27, 2017

PACER
40

Joint MOTION to Stay Briefing Schedule and Schedule Joint Status Report by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # (1) Proposed Order) (Wishnie, Michael)

1 Proposed Order

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April 4, 2017

April 4, 2017

PACER
41

ORDER granting [40] Motion to Stay Briefing Schedule. The Court hereby GRANTS Plaintiffs' and Defendants' joint motion to indefinitely stay the briefing schedule. Plaintiffs' and Defendants' joint status report to the Court is due on September 15,2017. So Ordered by Judge Nicholas G. Garaufis on 4/4/2017. (Lee, Tiffeny)

April 5, 2017

April 5, 2017

PACER
42

NOTICE of Appearance by Joseph Anthony Marutollo on behalf of All Defendants (aty to be noticed) (Marutollo, Joseph)

May 15, 2017

May 15, 2017

PACER
43

NOTICE of Change of Mailing address and telephone number by Justin B. Cox (Cox, Justin)

Aug. 4, 2017

Aug. 4, 2017

PACER
44

Notice of MOTION for Leave to Appear Pro Hac Vice of Jessica R. Hanson, Filing fee $ 150, receipt number 02079785605. by Martin Jonathan Batalla Vidal. (Attachments: # (1) Payment Confirmation) (Barrett, C)

1 Payment Confirmation

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Aug. 28, 2017

Aug. 28, 2017

PACER
45

ORDER denying [44] Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to renewal in conformity with this court's local rules, which require that an application for admission pro hac vice include a certificate from the state court of each state in which the applicant is a member of the bar confirming that the applicant is a member in good standing of the state court's bar. See Loc. Civ. R. 1.3(c). If and when the applicant seeks renewal, she must file a second motion for leave to appear pro hac vice. If the court grants the motion, counsel may request a refund of the second filing fee with the Clerk of the Court. Ordered by Magistrate Judge James Orenstein on 8/29/2017. (Miao, Tiffany)

Aug. 29, 2017

Aug. 29, 2017

PACER

ORDER re Plaintiffs' 46 Application for Pre-Motion Conference: The Application is GRANTED. The parties are instructed to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 9/5/2017. (Scott, Conrad)

Sept. 5, 2017

Sept. 5, 2017

PACER
46

MOTION for pre motion conference by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # (1) Exhibit A-F) (Wishnie, Michael)

1 Exhibit A-F

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Sept. 5, 2017

Sept. 5, 2017

RECAP
47

MOTION for Leave to Appear Pro Hac Vice Jessica R. Hanson Filing fee $ 150, receipt number 0207-9804601. by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # (1) Certificate of Good Standing) (Hanson, Jessica)

1 Certificate of Good Standing

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Sept. 5, 2017

Sept. 5, 2017

PACER
48

MOTION for Leave to Appear Pro Hac Vice Mayra B. Joachin Filing fee $ 150, receipt number 0207-9805274. by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # (1) Certificate of Good Standing) (Joachin, Mayra)

1 Certificate of Good Standing

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Sept. 5, 2017

Sept. 5, 2017

PACER

ORDER granting 48 Motion for Leave to Appear Pro Hac Vice -- Attorney Mayra Joachin, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 13, 2017, Ms. Joachin shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Joachin shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Joachin shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/6/2017. (Miao, Tiffany)

Sept. 6, 2017

Sept. 6, 2017

PACER
49

NOTICE of Appearance by Jessica Hanson on behalf of All Plaintiffs (notification declined or already on case) (Hanson, Jessica)

Sept. 7, 2017

Sept. 7, 2017

PACER
50

NOTICE of Appearance by Mayra B. Joachin on behalf of All Plaintiffs (notification declined or already on case) (Joachin, Mayra)

Sept. 7, 2017

Sept. 7, 2017

PACER
51

ORDER re Plaintiffs' [46] Application for Pre-Motion Conference. Plaintiffs are DIRECTED, by no later than Monday, September 11, 2017, to file either their proposed second amended complaint or a letter (1) identifying all claims Plaintiffs wish to assert in a second amended complaint, specifically including any claims for which Plaintiffs intend to seek class treatment; (2) describing the interests in this case of any additional parties Plaintiffs wish to add as plaintiffs in a second amended complaint; and (3) identifying any additional parties Plaintiffs wish to name as defendants and explaining why Plaintiffs intend to name such parties as defendants. The Government is DIRECTED, by no later than Wednesday, September 13, 2017, to file a letter stating, with as much specificity as possible, its position on Plaintiffs' proposal to amend their complaint. The parties should be prepared to discuss these filings at the pre-motion conference currently scheduled for September 14, 2017, at 2:30 p.m. Ordered by Judge Nicholas G. Garaufis on September 7, 2017. (Scott, Conrad)

Sept. 7, 2017

Sept. 7, 2017

RECAP
52

Letter by Martin Jonathan Batalla Vidal, Make the Road New York (Wishnie, Michael)

Sept. 11, 2017

Sept. 11, 2017

PACER
53

NOTICE of Appearance by Brett Shumate on behalf of All Defendants (aty to be noticed) (Shumate, Brett)

Sept. 12, 2017

Sept. 12, 2017

PACER
54

MOTION for Leave to File Law Student Appearances by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # (1) Law Student Intern Appearance Form of David Chen, # (2) Law Student Intern Appearance Form of Hannah Schoen, # (3) Law Student Intern Appearance Form of Emily Villano) (Wishnie, Michael)

1 Law Student Intern Appearance Form of David Chen

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2 Law Student Intern Appearance Form of Hannah Schoen

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3 Law Student Intern Appearance Form of Emily Villano

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Sept. 12, 2017

Sept. 12, 2017

PACER
55

NOTICE of Appearance by Brad Rosenberg on behalf of All Defendants (aty to be noticed) (Rosenberg, Brad)

Sept. 13, 2017

Sept. 13, 2017

PACER
56

Letter in Response to Order (ECF No. 51), Letter (ECF No. 52) by Kathy A. Baran, Susan M. Curda, Kelvin Medlock, Donald W. Neufeld, Leon Rodriguez (Rosenberg, Brad)

Sept. 13, 2017

Sept. 13, 2017

PACER
57

CERTIFICATE OF SERVICE by Martin Jonathan Batalla Vidal, Make the Road New York re [54] MOTION for Leave to File Law Student Appearances Corrected (Wishnie, Michael)

Sept. 13, 2017

Sept. 13, 2017

PACER

ORDER granting 54 Motion for Leave to File -- The motion is granted. Law students David Chen, Hannah Schoen, and Emily Villano are authorized to appear under the supervision of attorney Michael Wishnie. Ordered by Magistrate Judge James Orenstein on 9/14/2017. (Miao, Tiffany)

Sept. 14, 2017

Sept. 14, 2017

PACER

Minute Entry for proceedings held before Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein: Pre-Motion Conference held on 9/14/2017. Counsel for all parties present. The court GRANTED Plaintiffs leave to file a second amended complaint. Plaintiffs shall file their second amended complaint by 9/19/2017. The court GRANTED Defendants leave to file a motion to dismiss and, separately, GRANTED Plaintiffs leave to move for class certification. The court set the following schedule for the anticipated motions: Defendants shall serve their motion to dismiss, and Plaintiffs shall serve their motion for class certification, by 10/20/2017; the parties shall serve their respective responses by 11/17/2017; and the parties shall serve their respective replies and file the fully briefed motions by 12/15/2017. A status conference will be held on 9/26/2017, at 4:00 PM, at which the parties are DIRECTED to appear. Judge Orenstein will address discovery issues in a separate order. (Court Reporter Georgette Betts) (Scott, Conrad)

Sept. 15, 2017

Sept. 15, 2017

PACER
58

ORDER: As discussed on the record at the conference in the Batalla Vidal action on September 14, 2017, I respectfully direct the parties to meet and confer about discovery. No later than September 22, 2017, the parties shall report their respective positions on the threshold question of whether discovery should proceed now or await the resolution of the defendants' anticipated motion for dismissal. By the same date, the parties shall submit their respective scheduling proposals in the event discovery is not stayed, as well as a proposed schedule for litigating any specific discovery disputes that the parties have identified as likely to arise. I will expect the parties to be prepared to discuss all matters relating to discovery at the next conference on September 26, 2017. In light of the fact that the parties to the Batalla Vidal action have agreed to the filing of a second amended complaint that will include claims that overlap with those already asserted in State of New York action, I encourage the plaintiffs' counsel in the latter case to participate in the meet-and-confer process in the former. Although issue has not yet been joined in the State of New York action, the participation of counsel from that case in the discovery planning process in the Batalla Vidal action will help to avoid needless burdens on the parties in each case. I therefore invite counsel for the parties in the State of New York action to appear at the conference in the Batalla Vidal action on September 26, 2017, and to participate in the discussion of issues relating to the discovery process. Ordered by Magistrate Judge James Orenstein on 9/15/2017. (Orenstein, James)

Sept. 15, 2017

Sept. 15, 2017

RECAP
59

MOTION for Leave to Appear Pro Hac Vice on behalf of Joshua A. Rosenthal Filing fee $ 150, receipt number 0207-9840907. by Martin Jonathan Batalla Vidal, Make the Road New York. (Attachments: # (1) Certificate of Good Standing) (Rosenthal, Joshua)

1 Certificate of Good Standing

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Sept. 19, 2017

Sept. 19, 2017

PACER
60

AMENDED COMPLAINT Second against Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump, filed by Make the Road New York, Martin Jonathan Batalla Vidal. (Attachments: # (1) Exhibit A-G) (Wishnie, Michael)

1 Exhibit A-G

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Sept. 19, 2017

Sept. 19, 2017

RECAP
61

NOTICE of Voluntary Dismissal by Martin Jonathan Batalla Vidal, Make the Road New York against Kathy A. Baran, Kelvin Medlock, Susan M. Curda, Donald Neufeld, and Leon Rodriguez (Wishnie, Michael)

Sept. 19, 2017

Sept. 19, 2017

RECAP

ORDER granting 59 Motion for Leave to Appear Pro Hac Vice -- Attorney Joshua Rosenthal, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 27, 2017, Mr. Rosenthal shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Rosenthal shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Rosenthal shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 9/20/2017. (Miao, Tiffany)

Sept. 20, 2017

Sept. 20, 2017

PACER
62

NOTICE of Appearance by Stephen M. Pezzi on behalf of All Defendants (aty to be noticed) (Pezzi, Stephen)

Sept. 20, 2017

Sept. 20, 2017

PACER
63

MOTION to Withdraw as Attorney by Kathy A. Baran, Susan M. Curda, Kelvin Medlock, Donald W. Neufeld, Leon Rodriguez. (Attachments: # (1) Declaration, # (2) Declaration, # (3) Proposed Order) (Halainen, Daniel)

1 Declaration

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2 Declaration

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3 Proposed Order

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Sept. 20, 2017

Sept. 20, 2017

PACER

ORDER granting 63 Motion to Withdraw as Attorney -- The motion is granted; attorney Daniel Halainen and attorney Adam Kirschner terminated. Ordered by Magistrate Judge James Orenstein on 9/21/2017. (Miao, Tiffany)

Sept. 21, 2017

Sept. 21, 2017

PACER
64

NOTICE of Appearance by Joshua Rosenthal on behalf of All Plaintiffs (notification declined or already on case) (Rosenthal, Joshua)

Sept. 21, 2017

Sept. 21, 2017

PACER
65

Letter in Response to Sept. 15, 2017 Order Regarding Defendants' Position on Discovery by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump (Pezzi, Stephen)

Sept. 22, 2017

Sept. 22, 2017

RECAP
66

Letter in Response to September 15, 2017 Order Regarding Discovery by Martin Jonathan Batalla Vidal (Cox, Justin)

Sept. 22, 2017

Sept. 22, 2017

RECAP
67

SCHEDULING ORDER: Joint proposal for schedule of bi-weekly status conferences to address outstanding discovery disputes due by: September 29, 2017. Deadline for all Rule 26(a)(1) disclosures: October 4, 2017. Deadline for defendants' production of administrative record and privilege log: October 6, 2017. Objections to discovery requests due by: 1 week after service of requests. Responses to discovery requests due by: 2 weeks after service of requests. Deposition errata due by: 1 week after deposition. Joint status report due by: 1 week before each status conference. All expert disclosures due by: November 15, 2017. All discovery to be completed by: December 15, 2017. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 9/27/2017. (Orenstein, James)

Sept. 27, 2017

Sept. 27, 2017

RECAP
68

Proposed Scheduling Order Joint Schedule Re: Discovery by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Wishnie, Michael)

Sept. 29, 2017

Sept. 29, 2017

PACER
69

Letter MOTION to Vacate in part Sept. 27, 2017 Case-Management and Scheduling Order by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen)

Sept. 29, 2017

Sept. 29, 2017

RECAP

ORDER re: Defendants' 69 Motion to Vacate in Part Magistrate Judge James Orenstein's 67 Case Management and Scheduling Order. Plaintiffs are DIRECTED to respond to Defendants' motion by no later than Tuesday, October 3, 2017, at 12 p.m. Ordered by Judge Nicholas G. Garaufis on 9/30/2017. (Scott, Conrad)

Sept. 30, 2017

Sept. 30, 2017

PACER

Minute Entry for proceedings held before Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein: Status Conference held on 9/26/2017. Counsel for all parties and for the States of Massachusetts, New York, and Washington present. The court revised the briefing schedule for Defendants' anticipated motion to dismiss and set a briefing schedule for Plaintiffs' anticipated motion for preliminary relief as follows: Defendants shall file their anticipated motion to dismiss, or a motion for summary judgment, and Plaintiffs shall file any motion for preliminary relief, by no later than December 15, 2017; and Plaintiffs shall file their opposition to Defendants' anticipated motion, and Defendants shall file their opposition to any motion for preliminary relief, by January 13, 2018. The parties are directed to disregard Individual Rule III(B), regarding bundling of motion papers, for purposes of these anticipated motions. The court will hear oral argument on the motion or motions on January 18, 2018. (Court Reporters Lisa Schmid and David Roy) (Scott, Conrad)

Oct. 2, 2017

Oct. 2, 2017

PACER

SCHEDULING ORDER: I respectfully direct the parties to appear before me for a status conference on each of the following dates, at 2:00 p.m. in courtroom 11D South: October 11, October 25, November 8, November 29, and December 13, 2017. I further respectfully direct the parties to submit a joint status report by October 6, 2017, in advance of the first conference scheduled above, and to submit a joint status report no later than one week before each subsequent conference. I will cancel any conference on the parties' unanimous request. Any counsel of record who wishes to listen to a conference by telephone may make arrangements to do so, but any counsel who wishes to be heard at a conference must appear in person. Ordered by Magistrate Judge James Orenstein on 10/2/2017. (Orenstein, James)

Oct. 2, 2017

Oct. 2, 2017

PACER
70

RESPONSE in Opposition re [69] Letter MOTION to Vacate in part Sept. 27, 2017 Case-Management and Scheduling Order filed by All Plaintiffs. (Ahmad, Muneer)

Oct. 3, 2017

Oct. 3, 2017

RECAP
71

MOTION for Leave to File Law Student Appearances by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas. (Attachments: # (1) Law Student Appearance Form of Victoria Roeck, # (2) Law Student Appearance Form of Healy Ko) (Wishnie, Michael)

1 Law Student Appearance Form of Victoria Roeck

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2 Law Student Appearance Form of Healy Ko

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Oct. 3, 2017

Oct. 3, 2017

PACER
72

ORDER re Defendants' Motion to Vacate in Part Magistrate Judge James Orenstein's Case Management and Scheduling Order: The Motion is GRANTED in part, as stated in the attached order. Defendants' time to submit a privilege log is extended to October 20, 2017. The court will address Defendants' remaining objections by separate order. Defendants are invited to file a reply, not to exceed five pages, to Plaintiffs' oppositions no later than October 10, 2017. Re (69) Motion to Vacate in Case 16-CV-4756-NGG-JO and (48) Motion to Vacate in Case 17-CV-5228-NGG-JO. Ordered by Judge Nicholas G. Garaufis on 10/3/2017. (Scott, Conrad)

Oct. 3, 2017

Oct. 3, 2017

PACER
73

NOTICE of Appearance by Mary Bailey on behalf of All Defendants (aty to be noticed) (Bailey, Mary)

Oct. 4, 2017

Oct. 4, 2017

PACER
74

NOTICE of Change of Address by Karen C. Tumlin (Tumlin, Karen)

Oct. 5, 2017

Oct. 5, 2017

PACER
75

NOTICE of Change of Address by Mayra B. Joachin (Joachin, Mayra)

Oct. 5, 2017

Oct. 5, 2017

PACER
76

NOTICE of Change of Address by Jessica Hanson (Hanson, Jessica)

Oct. 5, 2017

Oct. 5, 2017

PACER

ORDER granting 71 Motion for Leave to File -- The motion is granted. Law students Victoria Roeck and Healy Ko are authorized to appear under the supervision of attorney Michael Wishnie. Ordered by Magistrate Judge James Orenstein on 10/6/2017. (Drake, Shaw)

Oct. 6, 2017

Oct. 6, 2017

PACER
77

NOTICE by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump of Filing of Administrative Record (Attachments: # (1) Ex. 1 - Administrative Record) (Pezzi, Stephen)

1 Ex. 1 - Administrative Record

View on PACER

Oct. 6, 2017

Oct. 6, 2017

PACER
78

STATUS REPORT (Joint) by Kathy A. Baran, Susan M. Curda, Elaine C. Duke, Kelvin Medlock, Donald W. Neufeld, Leon Rodriguez, Jefferson Beauregard Sessions, Donald J. Trump (Bailey, Kate)

Oct. 6, 2017

Oct. 6, 2017

RECAP

ORDER re docket entry #78 in CV 16-4756 and docket entry #57 in CV 17-5228 STATUS REPORT (Joint) -- The plaintiffs may file a response to the defendants' objections to discovery by 2:00 p.m. on October 10, 2017. Ordered by Magistrate Judge James Orenstein on 10/9/2017. (Guy, Alicia)

Oct. 9, 2017

Oct. 9, 2017

PACER
79

Letter in Response to the Defendants' Objections to Discovery by Antonio Alarcon, Martin Jonathan Batalla Vidal, Carolina Fung Feng, Eliana Fernandez, Make the Road New York, Mariano Mondragon, Carlos Vargas (Rosenthal, Joshua)

Oct. 10, 2017

Oct. 10, 2017

RECAP
80

REPLY in Support re [69] Letter MOTION to Vacate in part Sept. 27, 2017 Case-Management and Scheduling Order filed by Elaine C. Duke, Jefferson Beauregard Sessions, Donald J. Trump. (Pezzi, Stephen)

Oct. 10, 2017

Oct. 10, 2017

RECAP
81

Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 10/11/2017, ( Status Conference set for 11/30/2017 02:00 PM in Courtroom 11D South before Magistrate Judge James Orenstein.) SCHEDULING: (1) The next status conference will be held on October 25, 2017, at 2:00 p.m. (2) A further status conference will be held on November 8, 2017, at 2:00 p.m. (3) A further status conference will be held on November 30, 2017, at 2:00 p.m. (4) A further status conference will be held on December 13, 2017, at 2:00 p.m. SUMMARY: (1) The conference previously scheduled for November 29, 2017, was adjourned to November 30, 2017, at 2:00 p.m. (2) I provided information to the parties about former colleagues and friends of mine who are involved in the litigation. I see no need to disqualify myself sua sponte, but any party seeking my disqualification on the basis of that information may file a motion by October 18, 2017. (3) As set forth on the record, I overruled the defendants' objections to the depositions of Donald Neufeld and Gene Hamilton. Other discovery disputes were not ripe for resolution today. The plaintiffs shall file a letter motion to compel the defendants to complete their production of the administrative record by October 13, 2017, and the defendants shall respond by October 16, 2017. (Court Reporter Linda Marino.) (Orenstein, James)

Oct. 11, 2017

Oct. 11, 2017

PACER
82

SCHEDULING ORDER: At a conference on October 11, 2017, I made certain discovery rulings as to which the parties may seek review. See Fed. R. Civ. P. 72(a). Because the exigencies of this case make it impractical to allow the parties the full 14 days to file objections that would normally be available, I direct any party seeking review of this or any other ruling I make in this case to file objections no later than two business days after the ruling at issue unless otherwise ordered. See, e.g., Hispanic Counseling Ctr., Inc. v. Inc. Vill. of Hempstead, 237 F. Supp. 2d 284, 290 (E.D.N.Y. 2002). Responses to such objections shall be due two business days after the objections are filed unless otherwise ordered. Ordered by Magistrate Judge James Orenstein on 10/11/2017. (Orenstein, James)

Oct. 11, 2017

Oct. 11, 2017

PACER
83

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 11, 2017, before Judge James Orenstein. Court Reporter/Transcriber Linda A. Marino, Telephone number 718-613-2484. Email address: lindacsr@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/3/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/11/2018. (Marino, Linda)

Oct. 13, 2017

Oct. 13, 2017

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 25, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several current and potential DACA recipients and a nonprofit immigrant rights organization.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Jerome N. Frank Legal Services Organization (Yale)

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Citizenship and Immigration Services, Federal

United States Department of Homeland Security, Federal

Acting Secretary, Private Entity/Person

Deputy Director for Policy, Private Entity/Person

President, Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Drivers Licenses

Education

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Youth / Adult separation

Discrimination-basis:

Immigration status

National origin discrimination

Benefit Source:

DACA (Deferred Action for Childhood Arrivals)

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Employment

Family Separation

Legalization/Amnesty

Status/Classification

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

Work authorization - criteria

Work authorization - procedures

National Origin/Ethnicity:

Hispanic