Case: State of California v. Department of Homeland Security

3:17-cv-05235 | U.S. District Court for the Northern District of California

Filed Date: Sept. 11, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 11, 2017, several states initiated this action in the District Court for the Northern District of California, challenging President Trump’s attempted revocation of Deferred Action for Childhood Arrivals (DACA). The plaintiffs alleged that DACA provided invaluable protections to young people across their states and allowed them to pursue education and employment. In turn, DACA recipients have contributed to state economies and the educational experiences of all students in state sch…

On September 11, 2017, several states initiated this action in the District Court for the Northern District of California, challenging President Trump’s attempted revocation of Deferred Action for Childhood Arrivals (DACA). The plaintiffs alleged that DACA provided invaluable protections to young people across their states and allowed them to pursue education and employment. In turn, DACA recipients have contributed to state economies and the educational experiences of all students in state school systems. The complaint argued that the proposed revocation violated Fifth Amendment Due Process and Fourteenth Amendment Equal Protection, the Administrative Procedure Act, and the Regulatory Flexibility Act. The plaintiffs sought equitable estoppel to prevent the government from divulging the personal information of DACA recipients, as well as an order from the court enjoining the government from rescinding the program.

In 2012, the Obama administration created the DACA program via Department of Homeland Security (DHS) policy statements. The program offered work permits and temporary protection from deportation to undocumented immigrants who had been brought to the United States as children (and who meet some additional requirements). As of 2017, there were an estimated 800,000 DACA recipients. On September 5, 2017, President Trump announced that he was ending the program in March unless Congress acted within the next six months. As the plaintiffs' complaint highlights, the Obama administration made key promises to applicants when it promoted DACA: that any information they provided in the application process would not be used for immigration enforcement purposes, and that, barring criminal activity or fraud in their DACA applications, DACA recipients would be able to renew their status and keep their benefits.

The plaintiffs were the states of California, Maine, Minnesota, and Maryland. The complaint noted that California in particular was home to more DACA recipients than any other state in the country (over 200,000). The states argued that rescinding DACA "violates fundamental notions of justice" by leaving recipients without access to jobs and making them vulnerable to deportation. The complaint also alleged that DACA recipients were required to divulge confidential information in order to apply for the program, including information about their immigration status and address. Recipients were previously assured that the information would be kept confidential. By revoking DACA, the plaintiffs argued that the government created a "confusing and threatening situation" in which that private information was at risk of being used against recipients in future immigration proceedings.

The case was assigned to Magistrate Judge Maria-Elena James on Sept. 11, 2017, and reassigned to Judge William Alsup on Sept. 18, after it was related to Regents of University of California v. U.S. Department of Homeland Security(No. 17-cv-05211). The cases were subsequently related to Garcia v. United States of America (No. 17-cv-5380), a href="https://www.clearinghouse.net/detail.php?id=16156">City of San Jose v. Trump, (No. 17-cv-5329), and County of Santa Clara v. Trump (No. 17-cv-5823).

On October 6, in a related challenge led by Regents of University of California before this judge, the government filed the administrative record, available here, which included a series of government documents pertaining to DACA from its inception up to the decision to rescind it. On October 17, after the University in the related case moved to compel the defendants to complete the administrative record, the court ordered them to do so in all related cases, including this one. The court found that the defendants did not produce all documents leading to the rescission: specifically, they failed to produce related documents that Acting DHS Secretary Duke did not directly review.

The defendants moved to stay further proceedings at this court on October 18 in light of their intent to appeal this ruling to the Ninth Circuit Court of Appeals. The court denied the requested stay on October 19, and the defendants appealed the next day by filing a petition for a writ of mandamus to the District Court and an emergency motion for stay. On October 23, the District Court replied to the Ninth Circuit's invitation to answer the government's petition, stating it would not stay proceedings in light of the narrow window of time until DACA was intended to end (March 5, 2018).

On November 16, the Ninth Circuit denied the defendants' motion for a writ of mandamus and vacated the stay of discovery and record expansion that had been entered, and the District Court immediately ordered the federal government to file an augmented administrative record by November 22. On November 17, the federal government filed an emergency motion that it intended to file an application for mandamus with the US Supreme Court no later than November 20. The government requested that the Ninth Circuit stay its order pending the Supreme Court's resolution of that petition. On November 21, the Ninth Circuit dismissed the federal government's motion, noting that jurisdiction was with the District Court and instructing the federal government that further relief must be sought in a new petition for mandamus.

Meanwhile, in the District Court, Judge Alsup on November 20 agreed to stay all discovery until December 22 when the augmented administrative record would be due.

On December 1, 2017, the government filed notice that it appealed the Ninth's Circuit denial of mandamus relief and applied for a stay to the Supreme Court. On December 20 in a per curiam opinion, the Supreme Court vacated the Ninth Circuit's denial and remanded the case, arguing that the District Court should have stayed implementation of the October 17 order compelling the government to complete the administrative record. The Supreme Court stated that the lower court should have "first resolved the Government’s threshold arguments" (that the Acting Secretary’s determination to rescind DACA is unreviewable because it is “committed to agency discretion,” 5 U. S. C. §701(a)(2), and that the Immigration and Nationality Act deprives the District Court of jurisdiction). Either of those arguments, if accepted, likely would eliminate the need for the District Court to examine a complete administrative record. 138 S.Ct. 443 (2017). The same day, the District Court stayed the order compelling the government to complete the administrative record. 138 S.Ct. 371 (2017).

On January 9, 2018, the court denied the government's motion to dismiss for lack of jurisdiction and provided provisional relief to the plaintiffs. The order indicated the court would separately dismiss the government's motion to dismiss for failure to state a claim. The court ordered a nationwide preliminary injunction, ordering that DACA remain in effect on the same terms and conditions that existed prior to the rescission. However, the government did not need to process new applications from individuals who had never before received deferred action. 279 F. Supp. 3d 1011. The court then granted in part and denied in part the government's motion to dismiss on January 12, dismissing the plaintiffs' Regulatory Flexibility Act and equitable estoppel claims as well as the individual plaintiffs' declaratory relief claims. The court sustained the plaintiffs' APA, due process, and equal protection claims (with a few exceptions from the various complaints of the related cases). 298 F. Supp.3 d 1304.

The government appealed to the Ninth Circuit on January 16, 2018. The government also sought certiorari from the US Supreme Court on January 18 while the Ninth Circuit appeal was pending, arguing that the Supreme Court's immediate review was warranted because of how long the appeal would take in the Ninth Circuit and how time-sensitive the issue was. The Supreme Court denied cert without prejudice on February 26, 2018, indicating the justices assumed "that the Court of Appeals will proceed expeditiously to decide this case." 138 S.Ct. 1182.

The related cases were consolidated in the Ninth Circuit for the purposes of appeal. In February and March 2018, the parties and amici filed their briefs, which can be found here.

The Ninth Circuit affirmed the district court's rulings on November 8, 2018. The panel held that the government's decision to rescind DACA was reviewable because the government was not exercising discretion in rescinding the program, but rather acting out of a belief that DHS lacked the authority to issue DACA in the first place, and so rescission was necessary. The panel further concluded the decision was reviewable because it did not fall within one of the three discrete occasions when the INA bars judicial review of DHS decisions. 2018 WL 5833232.

As to the merits of a preliminary injunction, the panel held that "DACA was a permissible exercise of executive discretion," and that the government's belief that DACA was illegal was wrong. Thus, the panel concluded the plaintiffs were likely to succeed on the merits in showing that the rescission was arbitrary and capricious under the APA. The panel also held that a nationwide injunction was appropriate because it "promotes uniformity in immigration enforcement, and is necessary to provide the plaintiffs here with complete redress." Id.

The defendants petitioned the Supreme Court of the U.S. for a writ of certiorari on Nov. 5, 2018.

On June 28, 2019, the Supreme Court granted writs of certiorari in three DACA cases: Regents of University of California v. U.S. Department of Homeland Security, Batalla Vidal v. Nielsen, and NAACP v. Trump, all of which were pending before different circuit courts of appeal. The Court consolidated the three cases (No. 18-587).

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, that the DHS secretary had offered insufficient justification to rescind the program, and that the rescission was unlawful, arbitrary, and capricious in violation fo the APA. 140 S. Ct. 1891.

Following the Supreme Court's decision, in another case challenging the DACA recession, Casa De Maryland v. U.S. Department of Homeland Security, the Fourth Circuit issued a mandate to reinstate DACA and set aside the recession memo on a nationwide basis on June 30, 2020. On July 17, 2020, the District Court of Maryland ordered DHS to reinstate DACA as it existed before the issuance of the recession memo and ordered DHS to resume accepting initial DACA applications.

However, Acting Secretary of Homeland Security Chad Wolf instead issued a memorandum entitled "Reconsideration of the June 15, 2012 Memorandum Entitled 'Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children" on July 28, 2020 ("Wolf Memorandum"). In this memo, Acting Secretary Wolf stated that he would reconsider DACA's future in light of the Supreme Court's decision. In the interim, the memo instructed USCIS to reject all initial requests for DACA, to only grant advance parole to current DACA beneficiaries in exceptional circumstances, and grant DACA renewals for only one-year, rather than two-year, periods. Later in August, Deputy Director for Policy for USCIS Joseph Edlow issued a memorandum implementing the Wolf Memorandum.

On August 4, 2020, the Ninth Circuit remanded the case to the district court for further action consistent with the opinion of the Supreme Court.

In response to the Wolf Memorandum, the plaintiffs filed an amended complaint on November 2, 2020. In the amended complaint, the plaintiffs substituted some of the defendants to reflect new individuals occupying the relevant roles and to add additional responsible officials, including Deputy Director for Policy Edlow. The amended complaint argued that the Acting Secretary Wolf actions were invalid under the Federal Vacancies Reform Action, Homeland Security Act, and the Appointments Clause of the Constitution because he lacked proper authority to issue the Wolf Memorandum. In addition, the plaintiffs argued that the Wolf Memorandum and Edlow Memorandum violated the APA because Wolf and Edlow acted in an arbitrary and capricious manner. The plaintiffs sought declaratory relief and an injunction preventing the defendants from altering or limiting DACA program and vacating the Wolf and Edlow Memoranda.

Before any additional activity on the amended complaint in this case, on December 4, the court in another case challenging the Wolf Memorandum,Batalla Vidal v. Nielsen and State of New York v. Trump, ordered DHS to fully reinstate DACA as it existed prior to the attempted recession in September 2017 after it found that Acting Secretary Wolf was not lawfully serving as Acting Secretary. The 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.

Then, in early 2021, President Biden took office. On the day of his inauguration (January 20, 2021), President Biden signed a memorandum directing DHS and the Attorney General “to preserve and fortify DACA.” In light of potential additional agency action to implement the memorandum, the parties filed a joint stipulation to stay further proceedings and vacate pending deadlines on March 22, 2021. They agreed to provide the court with status updates every 60 days. The first is due May 24, 2021. This case is ongoing.

Summary Authors

Jamie Kessler (9/25/2017)

Virginia Weeks (11/8/2018)

Sam Kulhanek (2/14/2020)

Emily Kempa (5/14/2021)

Related Cases

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)

City of San Jose v. Trump, Northern District of California (2017)

Garcia v. United States of America, Northern District of California (2017)

County of Santa Clara v. Trump, Northern District of California (2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6150482/parties/state-of-california-v-department-of-homeland-security/


Judge(s)

Alsup, William Haskell (California)

James, Maria-Elena (California)

Kavanaugh, Brett M. (District of Columbia)

Kim, Sallie (California)

Roberts, John Glover Jr. (District of Columbia)

Attorneys(s) for Plaintiff

Becerra, Xavier (California)

Berger, Justin Theodore (California)

Chuang, Christine (California)

Davidson, Jeffrey Michael (California)

Ellison, Keith (Minnesota)

Judge(s)

Alsup, William Haskell (California)

James, Maria-Elena (California)

Kavanaugh, Brett M. (District of Columbia)

Kim, Sallie (California)

Roberts, John Glover Jr. (District of Columbia)

Attorneys(s) for Plaintiff

Becerra, Xavier (California)

Berger, Justin Theodore (California)

Chuang, Christine (California)

Davidson, Jeffrey Michael (California)

Ellison, Keith (Minnesota)

Fretz, Rebekah A (California)

Fretz [inactive], Rebekah A. (California)

Frey, Aaron M (Maine)

Frosh, Brian E. (Maryland)

Hansen, Greta Suzanne (California)

Herman, Susan P. (Maine)

Kieschnick, Hannah (California)

Lee, Ronald H. (California)

Leyton, Stacey M. (California)

Mills, Janet T. (Maine)

Newman, Michael L. (California)

Passe, Julianna F. (Minnesota)

Patwardhan, Kimberly L (Maine)

Quinones, Marcelo (California)

Radez, Kathleen Vermazen (California)

Rodriquez, Matthew (California)

Rosenbaum, Mark Dale (California)

Shivpuri, Shubhra (California)

Sullivan, Steven M. (Maryland)

Swanson, Lori (Minnesota)

Trice, Laura Susan (California)

Williams, James Robyzad (California)

Zahradka, James F. II (California)

Zahradka [inactive], James (California)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Pezzi, Stephen M. (District of Columbia)

Rosenberg, Brad P. (District of Columbia)

Shumate, Brett (District of Columbia)

Other Attorney(s)

Chopra, Apalla U (California)

Dettmer, Ethan D. (California)

Gray, Danielle C. (New York)

Leheny, Emma (District of Columbia)

Sokoler, Jennifer B (New York)

Documents in the Clearinghouse

Document

3:17-cv-05235

Docket [PACER]

July 3, 2019

July 3, 2019

Docket
1

3:17-cv-05235

Complaint For Declaratory and Injunctive Relief

Sept. 11, 2017

Sept. 11, 2017

Complaint
18

3:17-cv-05235

Order Relating Cases

Regents of University of California v. Department of Homeland Security

Sept. 18, 2017

Sept. 18, 2017

Order/Opinion
23

3:17-cv-05235

Order Relating Cases

The Regents of University of California v. Department of Homeland Security

Sept. 20, 2017

Sept. 20, 2017

Order/Opinion
22

3:17-cv-05235

Order Relating Cases

The Regents of University of California v. U.S. Department of Homeland Security

Sept. 20, 2017

Sept. 20, 2017

Order/Opinion
39

3:17-cv-05235

Order Re Motion to Complete Administrative Record

The Regents of the University of California v. United States Department of Homeland Security

2017 WL 4642324

Oct. 17, 2017

Oct. 17, 2017

Order/Opinion
42

3:17-cv-05235

Order Re Motion to Stay Proceedings

The Regents of the University of California v. United States Department of Homeland Security

Oct. 19, 2017

Oct. 19, 2017

Order/Opinion
46

3:17-cv-05235

Order re Deposition of Acting Secretary of Homeland Security Duke

UC Regents v. Department of Homeland Security

Oct. 24, 2017

Oct. 24, 2017

Order/Opinion
80

3:17-cv-05235

17-00801

Opinion [Supreme Court]

re United States, et al.

Supreme Court of the United States

86 U.S. 4009, 138 S.Ct. 443

Dec. 21, 2017

Dec. 21, 2017

Order/Opinion
83

3:17-cv-05235

Order Denying FRCP 12(b)(1) Dismissal and Granting Provisional Relief

The Regents of the University of California v. United States Department of Homeland Security

Jan. 9, 2018

Jan. 9, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6150482/state-of-california-v-department-of-homeland-security/

Last updated Aug. 5, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-11704330.). Filed byState of Minnesota, State of California, State of Maryland, State of Maine. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Zahradka, James) (Filed on 9/11/2017) (Entered: 09/11/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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Sept. 11, 2017

Sept. 11, 2017

RECAP
2

Civil Cover Sheet by State of California, State of Maine, State of Maryland, State of Minnesota . (Zahradka, James) (Filed on 9/11/2017) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
3

Proposed Summons. (Zahradka, James) (Filed on 9/11/2017) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
4

Case assigned to Magistrate Judge Maria-Elena James. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/25/2017. (haS, COURT STAFF) (Filed on 9/11/2017) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
5

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/7/2017. Initial Case Management Conference set for 12/14/2017 10:00 AM. (hdjS, COURT STAFF) (Filed on 9/11/2017) (Entered: 09/12/2017)

Sept. 11, 2017

Sept. 11, 2017

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6

Summons Issued as to Department of Homeland Security, Elaine C. Duke, United States of America, U.S. Attorney and U.S. Attorney General (hdjS, COURT STAFF) (Filed on 9/12/2017) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
7

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11712273.) filed by State of Minnesota. (Attachments: # 1 Exhibit)(Passe, Julianna) (Filed on 9/13/2017) (Entered: 09/13/2017)

1 Exhibit

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Sept. 13, 2017

Sept. 13, 2017

PACER
8

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11712322.) filed by State of Maine. (Herman, Susan) (Filed on 9/13/2017) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
9

ORDER by Magistrate Judge Maria-Elena James granting 7 Motion for Pro Hac Vice re: Julianna F. Passe. (rmm2S, COURT STAFF) (Filed on 9/13/2017) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
10

ORDER by Magistrate Judge Maria-Elena James granting 8 Motion for Pro Hac Vice re: Susan P. Herman. (rmm2S, COURT STAFF) (Filed on 9/13/2017) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
11

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11715886.) filed by State of Maryland. (Attachments: # 1 Certificate of Good Standing)(Sullivan, Steven) (Filed on 9/14/2017) (Entered: 09/14/2017)

1 Certificate of Good Standing

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Sept. 14, 2017

Sept. 14, 2017

PACER
12

ORDER by Magistrate Judge Maria-Elena James granting 11 Motion for Pro Hac Vice re: Steven M. Sullivan.(rmm2S, COURT STAFF) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
13

NOTICE of Appearance by Christine Chuang (Chuang, Christine) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
14

NOTICE of Appearance by Ronald Hak King Lee (Lee, Ronald) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

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15

NOTICE of Appearance by Steven Marshall Sullivan (Sullivan, Steven) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

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NOTICE of Appearance by Shubhra Shivpuri COUNSEL FOR PLAINTIFF STATE OF CALIFORNIA (Shivpuri, Shubhra) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

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17

NOTICE of Appearance by Brad Prescott Rosenberg (Rosenberg, Brad) (Filed on 9/15/2017) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
18

ORDER RELATING CASE. Signed by Judge Alsup on 9/18/2017. (whalc1, COURT STAFF) (Filed on 9/18/2017) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

RECAP

Set/Reset Hearings

Sept. 18, 2017

Sept. 18, 2017

PACER
19

NOTICE RE SEPTEMBER 21 CASE MANAGEMENT CONFERENCE Signed by Judge Alsup on 9/18/2017. (whalc1, COURT STAFF) (Filed on 9/18/2017) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

RECAP

Set/Reset Hearing re 19 Order Initial Case Management Conference set for 9/21/2017 10:30 AM in Courtroom 8, 19th Floor, San Francisco before Judge William Alsup. (tlS, COURT STAFF) (Filed on 9/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
20

Case Reassigned to Judge Hon. William Alsup. Magistrate Judge Maria-Elena James no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras (as, COURT STAFF) (Filed on 9/18/2017) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER

Related cases: Create association to 3:17-cv-05211-WHA. (sxbS, COURT STAFF) (Filed on 9/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER

Create Case Relationship

Sept. 19, 2017

Sept. 19, 2017

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21

NOTICE of Appearance by Brett A. Shumate (Shumate, Brett) (Filed on 9/20/2017) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

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22

ORDER RELATING CASES by Hon. William Alsup granting (39) Motion to Relate Case in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA(whalc1, COURT STAFF) (Filed on 9/20/2017) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

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23

ORDER RELATING CASES by Judge Alsup granting (38) Motion to Relate Case; granting (42) Stipulation in case 3:17-cv-05211-WHA (whalc1, COURT STAFF) (Filed on 9/20/2017) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
24

CASE MANAGEMENT SCHEDULING ORDER FOR ALL DACA ACTIONS IN THIS DISTRICT: Bench Trial set for 2/5/2018 07:30 AM before Hon. William Alsup. Motion Hearing set for 12/20/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Pretrial Conference set for 1/24/2018 02:00 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on 9/22/2017. (whalc1, COURT STAFF) (Filed on 9/22/2017) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER

Set/Reset Hearings

Sept. 22, 2017

Sept. 22, 2017

PACER

Set/Reset Hearing Tutorial Hearing set for 10/3/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco. (whasec, COURT STAFF) (Filed on 9/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
25

Letter from State of California, Office of the Attorney General RE EQUITABLE ESTOPPEL. (Zahradka, James) (Filed on 9/22/2017) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
26

Transcript of Proceedings held on 9/21/17, before Judge William H. Alsup. Court Reporter Jo Ann Bryce, telephone number 510-910-5888, joann_bryce@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction after 90 days. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (45 in 3:17-cv-05211-WHA) Transcript Order ) Release of Transcript Restriction set for 12/21/2017. (jabS, COURTSTAFF) (Filed on 9/22/2017) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
27

FURTHER NOTICE RE TUTORIAL re (12 in 3:17-cv-05380-WHA) Case Management Scheduling Order, Signed by Judge Alsup on 9/25/2017. (whalc1, COURT STAFF) (Filed on 9/25/2017) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER
28

NOTICE OF REFERRAL FOR DISCOVERY. Signed by Magistrate Judge Sallie Kim on 9/25/2017. (Attachments: # 1 Magistrate Judge Kim's Standing Order)(mklS, COURT STAFF) (Filed on 9/25/2017) (Entered: 09/25/2017)

1 Standing Order

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Sept. 25, 2017

Sept. 25, 2017

PACER
29

Minute Entry for proceedings held before William Alsup: Initial Case Management Conference held on 9/21/2017. Motion(s) hearing set for 12/20/2017 at 8:00 AM. Tutorial set for 10/3/2017 at 8:00 AM. Final Pretrial Conference set for 1/24/2018 at 2:00 PM. Bench Trial set for 2/5/2018 at 7:30 AM. Case referred to Magistrate Sallie Kim for Discovery.Total Time in Court: 1:22. Court Reporter: Jo Ann Bryce. Plaintiff Attorney: Jeffrey Davidson; Alexander Berengaut; Alex Covington; Mark Lynch; James Zahradka; Nancy Fineman; Mark Rosenbaum; Ethan Dettmer. Defendant Attorney: Brad Rosenberg; Sara Winslow; Brett Shumate. Attachment: Civil Minutes. (tlS, COURT STAFF) (Date Filed: 9/25/2017) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER

CASE REFERRED to Magistrate Judge Sallie Kim for Discovery (ahm, COURT STAFF) (Filed on 9/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER

Case Referred to Magistrate Judge for Discovery

Sept. 26, 2017

Sept. 26, 2017

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30

NOTICE of Appearance by Kathleen Vermazen Radez (Radez, Kathleen) (Filed on 9/27/2017) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
31

STIPULATION WITH PROPOSED ORDER re 24 Case Management Scheduling Order, filed by Department of Homeland Security, Elaine C. Duke, United States of America. (Rosenberg, Brad) (Filed on 9/29/2017) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
32

ORDER GRANTING STIPULATION REGARDING CASE MANAGEMENT ORDER by Judge William Alsup granting (57) Stipulation in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA(whalc1, COURT STAFF) (Filed on 9/29/2017) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
33

Minute Entry for proceedings held before Judge William Alsup: Tutorial Hearing held on 10/3/2017.Total Time in Court: 2 Hours, 15 Minutes. Court Reporter: Belle Ball. Plaintiffs' Attorneys: Regents: Jeffrey Davidson, Mark Lynch, Monica Almadani; Garcia: Mark Rosenbaum, Kelsey Helland, Ethan Dettmer, Luis Romero; City of San Jose: Nancy Fineman; State of CA: James Zahradka, Ronald Lee. Defendant's Attorneys: Brad Rosenberg, Jeffrey Robins.Also Present via Videoconference: District Judge Nicholas Garaufis (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Date Filed: 10/3/2017) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
34

Transcript of Proceedings held on October 3, 2017, before Judge William H. Alsup. Court Reporter Belle Ball, CSR, CRR, RDR, telephone number (415)373-2529, belle_ball@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (62 in 3:17-cv-05211-WHA) Transcript Order, (24 in 3:17-cv-05329-WHA) Transcript Order ) Release of Transcript Restriction set for 1/3/2018. (ballbb15S, COURT STAFF) (Filed on 10/5/2017) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
35

ORDER SHORTENING TIME FOR BRIEFING ON MOTION TO COMPLETE ADMINISTRATIVE RECORD by Judge William Alsup re 66 Motion to Shorten Time in case 3:17-cv-05211-WHA. Motion Hearing set for 10/16/2017 11:00 AM in Courtroom 8, 19th Floor, San Francisco before Judge William Alsup.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA(whalc1, COURT STAFF) (Filed on 10/10/2017) Modified on 10/10/2017 (afmS, COURT STAFF). (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
36

Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held on 10/16/2017 re (65 in 3:17-cv-05211-WHA) MOTION for an Order Directing Defendants to Complete the Administrative Record filed by UC Regents, Janet Napolitano. Written Order to issue. Total Time in Court: 1:15. Court Reporter: Pamela Batalo. Plaintiff Attorney: Jeffery Davidson (Regents)Plaintiff Attorney: James Zahradka (State of CA)Plaintiff Attorney: Nancy Fineman (City of San Jose)Plaintiff Attorney: Kevin Yea (Garcia) Defendant Attorney: Brad Rosenberg (all defendants). (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Date Filed: 10/16/2017) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
37

ORDER RELATING CASE by Judge William Alsup granting (69) Motion to Relate Case in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA(whalc1, COURT STAFF) (Filed on 10/16/2017) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
38

Transcript of Proceedings held on 10/16/17, before Judge Alsup. Court Reporter Pamela A. Batalo, telephone number pamela_batalo@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (74 in 3:17-cv-05211-WHA) Transcript Order ) Redaction Request due 11/7/2017. Redacted Transcript Deadline set for 11/17/2017. Release of Transcript Restriction set for 1/16/2018. (Batalo, Pam) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
39

ORDER RE MOTION TO COMPLETE ADMINISTRATIVE RECORD by Judge William Alsup granting in part and denying in part (65) Motion Complete Administrative Record in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
40

ORDER TO COMPILE SUPPLEMENT FORTHWITH re (12 in 3:17-cv-05813-WHA) Order on Motion for Miscellaneous Relief, Signed by Judge Alsup on 10/18/2017. (whalc1, COURT STAFF) (Filed on 10/18/2017) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
41

ORDER ADOPTING STIPULATED BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO STAY ALL PROCEEDINGS by Judge William Alsup granting (82) Stipulation in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 10/19/2017) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER

Set/Reset Hearings

Oct. 19, 2017

Oct. 19, 2017

PACER

Terminate Hearing re (15 in 3:17-cv-05813-WHA) Order on Stipulation, (whalc1, COURT STAFF) (Filed on 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
42

ORDER RE MOTION TO STAY PROCEEDINGS by Judge William Alsup denying (81) Motion to Stay in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 10/19/2017) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
43

NOTICE by Department of Homeland Security, Elaine C. Duke, United States of America of Filing of Petition for Writ of Mandamus (Attachments: # 1 Petition for Writ of Mandamus)(Rosenberg, Brad) (Filed on 10/20/2017) (Entered: 10/20/2017)

1 Petition for Writ of Mandamus

View on PACER

Oct. 20, 2017

Oct. 20, 2017

PACER
47

USCA Case Number 17-72917 USCA 9th Circuit re Petition for Writ of Mandamus (sxbS, COURT STAFF) (Filed on 10/20/2017) (Entered: 10/24/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
48

ORDER of USCA re Petition for Writ of Mandamus (sxbS, COURT STAFF) (Filed on 10/20/2017) (Entered: 10/24/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
44

ANSWER BY DISTRICT COURT TO PETITION FOR WRIT OF MANDAMUS Signed by Judge Alsup on 10/23/2017. (whalc1, COURT STAFF) (Filed on 10/23/2017) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

RECAP
45

ORDER by Magistrate Judge Sallie Kim granting (91) Unopposed Administrative Motion for Additional Pages for Joint Discovery Letter Brief in case 3:17-cv-05211-WHA. (mklS, COURT STAFF) (Filed on 10/24/2017) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
46

ORDER RE: DEPOSITION OF ACTING SECRETARY OF HOMELAND SECURITY DUKE by Magistrate Judge Sallie Kim (Re: (88) Discovery Letter Brief in case 3:17-cv-05211-WHA). (mklS, COURT STAFF) (Filed on 10/24/2017) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
49

FURTHER CASE MANAGEMENT ORDER RE MOTION SCHEDULE Signed by Judge Alsup on 10/25/2017. (whalc1, COURT STAFF) (Filed on 10/25/2017) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
50

ORDER GRANTING STIPULATION REGARDING AMICUS BRIEFING AS MODIFIED by Judge William Alsup granting as modified (101) Stipulation in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 10/25/2017) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
62

ORDER of USCA regarding oral arguments and amicus briefs as to (21 in 3:17-cv-05813-WHA, 38 in 3:17-cv-05329-WHA, 95 in 317-cv-05211-WHA, 47 in 3:17-cv-05235-WHA, 34 in 3:17-cv-05380-WHA) (sxbS, COURT STAFF) (Filed on 10/26/2017) (Entered: 11/03/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
51

ORDER GRANTING PLAINTIFFS' UNOPPOSED ADMINISTRATIVE MOTION TO AMEND PAGE LIMITS IN CONNECTION WITH MOTION FOR PROVISIONAL RELIEF by Judge William Alsup granting (103) Administrative Motion to alter page limits in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 10/27/2017) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
52

NOTICE of Appearance by Apalla U. Chopra for Brown University, California Institute of Technology, University of Chicago, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, Georgetown University, Harvard University, Massachusetts Institute of Technology, Northwestern University, University of Pennsylvania, Princeton University, Stanford University, Vanderbilt University, and Yale University (Chopra, Apalla) (Filed on 10/30/2017) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
53

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11838829.) filed by Brown University, California Institute of Technology, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, Georgetown University, Harvard University, Massachusetts Institute of Technology, Northwestern University, Princeton University, Stanford University, University of Chicago, University of Pennsylvania, Vanderbilt University, Yale University. (Attachments: # 1 Attachment, # 2 Certificate of Good Standing)(Gray, Danielle) (Filed on 10/31/2017) (Entered: 10/31/2017)

1 Attachment

View on PACER

2 Certificate of Good Standing

View on PACER

Oct. 31, 2017

Oct. 31, 2017

PACER
54

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11838863.) filed by Brown University, California Institute of Technology, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, Georgetown University, Harvard University, Massachusetts Institute of Technology, Northwestern University, Princeton University, Stanford University, University of Chicago, University of Pennsylvania, Vanderbilt University, Yale University. (Attachments: # 1 Attachment, # 2 Certificate of Good Standing)(Sokoler, Jennifer) (Filed on 10/31/2017) (Entered: 10/31/2017)

1 Attachment

View on PACER

2 Certificate of Good Standing

View on PACER

Oct. 31, 2017

Oct. 31, 2017

PACER
63

ORDER of USCA regarding amicus briefs as to (21 in 3:17-cv-05813-WHA, 38 in 3:17-cv-05329-WHA, 95 in 3:17-cv-05211-WHA, 47 in 3:17-cv-05235-WHA, 34 in 3:17-cv-05380-WHA) (sxbS, COURT STAFF) (Filed on 10/31/2017) (Entered: 11/03/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
55

ADMINISTRATIVE MOTION Leave to File Amicus Brief filed by National Education Association Of The United States, Association of California School Administrators, Berkeley Unified School District, Moreno Valley Unified School District, San Diego Unified School District, West Contra Costa Unified School District, California Faculty Association, California Federation of Teachers, California School Boards Association, California Teachers Association, Los Angeles County Superintendent of Schools, Los Angeles County Board of Education, Los Angeles Unified School District, Oakland Unified School District, Sacramento City Unified School District. Responses due by 11/6/2017. (Attachments: # 1 Exhibit Amicus Curiae Brief)(Leheny, Emma) (Filed on 11/1/2017) (Entered: 11/01/2017)

1 Exhibit Amicus Curiae Brief

View on PACER

Nov. 1, 2017

Nov. 1, 2017

PACER
56

PROTECTIVE ORDER by Judge William Alsup granting (115) Motion for Protective Order in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 11/1/2017) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
57

ORDER GRANTING MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF DEFENDANTS by Judge William Alsup granting (110) Administrative Motion leave to file amicus curiae brief in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 11/1/2017) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
58

NOTICE of Appearance by Apalla U. Chopra on behalf of Amici Curiae George Washington University and Washington University in St. Louis (Chopra, Apalla) (Filed on 11/1/2017) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
59

NOTICE of Appearance by Danielle C Gray on behalf of Amici Curiae George Washington University and Washington University in St. Louis (Gray, Danielle) (Filed on 11/1/2017) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
60

NOTICE of Appearance by Jennifer B Sokoler on behalf of Amici Curiae George Washington University and Washington University in St. Louis (Sokoler, Jennifer) (Filed on 11/1/2017) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
61

ADMINISTRATIVE MOTION For Leave to File Amicus Brief Of Nineteen Universities In Support Of Plaintiffs' Motion For Provisional Relief filed by Brown University, California Institute of Technology, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, George Washington University, Georgetown University, Harvard University, Massachusetts Institute of Technology, Northwestern University, Princeton University, Stanford University, University of Chicago, University of Pennsylvania, Vanderbilt University, Washington University in St. Louis, Yale University. Responses due by 11/6/2017. (Attachments: # 1 Brief of Amici Curiae, # 2 Proposed Order)(Gray, Danielle) (Filed on 11/1/2017) (Entered: 11/01/2017)

1 Brief of Amici Curiae

View on PACER

2 Proposed Order

View on PACER

Nov. 1, 2017

Nov. 1, 2017

PACER
64

NOTICE of Appearance by Rebekah Amber Fretz (Fretz, Rebekah) (Filed on 11/7/2017) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
65

ORDER GRANTING 53 APPLICATION FOR ADMISSION PRO HAC VICE FOR ATTORNEY DANIELLE C. GRAY. Signed by Judge William Alsup on 11/7/2017.(afmS, COURT STAFF) (Filed on 11/7/2017) Modified on 11/7/2017 (afmS, COURT STAFF). (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
66

ORDER GRANTING 54 APPLICATION FOR ADMISSION PRO HAC VICE FOR ATTORNEY JENNIFER SOKOLER. Signed by Judge William Alsup on 11/7/2017.(afmS, COURT STAFF) (Filed on 11/7/2017) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
67

ORDER RE MOTION TO MAINTAIN ANONYMITY by Judge Alsup granting in part and denying in part (125) Administrative Motion maintain anonymity; granting in part and denying in part (126) Administrative Motion to File Under Seal in case 3:17-cv-05211-WHA. (whalc1, COURT STAFF) (Filed on 11/8/2017) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
68

ORDER TO FILE COMPLETED ADMINISTRATIVE RECORD AND PROPOSE SCHEDULE Signed by Judge Alsup on 11/16/2017. (whalc1, COURT STAFF) (Filed on 11/16/2017) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
69

TENTATIVE ORDER RE MOTIONS TO STAY DISCOVERY AND COMPLETION OF THE ADMINISTRATIVE RECORD Signed by Judge Alsup on 11/20/2017. (Attachments: # 1 Tentative Order)(whalc1, COURT STAFF) (Filed on 11/20/2017) (Entered: 11/20/2017)

1 Tentative Order

View on PACER

Nov. 20, 2017

Nov. 20, 2017

PACER
70

ONE-MONTH CONTINUANCE OF DUE DATE FOR AUGMENTED ADMINISTRATIVE RECORD AND TEMPORARY STAY OF DISCOVERY by Judge Alsup re (190) Motion to Stay; re (191) Motion to Stay; re (192) Stipulation in case 3:17-cv-05211-WHA. (whalc1, COURT STAFF) (Filed on 11/20/2017) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
71

ORDER of USCA denying petition (sxbS, COURT STAFF) (Filed on 11/21/2017) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
72

ORDER of USCA Dismissing Motion for Stay filed by government. (sxbS, COURT STAFF) (Filed on 11/21/2017) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
73

ORDER of USCA regarding Motion for Stay. (sxbS, COURT STAFF) (Filed on 11/21/2017) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
74

Memorandum of USCA regarding Administrative Record. (sxbS, COURT STAFF) (Filed on 11/21/2017) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
75

ORDER of USCA denying Petition for Writ of Mandamus (sxbS, COURT STAFF) (Filed on 11/22/2017) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
76

NOTICE by Department of Homeland Security, Elaine C. Duke, United States of America of Filing of Petition for Writ of Mandamus and Application for a Stay in the United States Supreme Court (Attachments: # 1 Petition for a Writ of Mandamus, # 2 Application for a Stay)(Rosenberg, Brad) (Filed on 12/1/2017) (Entered: 12/01/2017)

1 Petition for a Writ of Mandamus

View on PACER

2 Application for a Stay

View on PACER

Dec. 1, 2017

Dec. 1, 2017

PACER
77

NOTICE OF FILING OF STATEMENT OF DISTRICT COURT IN RESPONSE TO APPLICATION FOR A STAY Signed by Judge Alsup on 12/6/2017. (whalc1, COURT STAFF) (Filed on 12/6/2017) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
78

Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held on 12/20/2017 re 114 MOTION to Dismiss All N.D. Cal. DACA Cases and Memorandum in Support filed by Elaine Duke, United States Department of Homeland Security; 111 MOTION for Preliminary Injunction -- Plaintiffs' Motion for Provisional Relie filed by UC Regents, Janet Napolitano. Motions are submitted. Total Time in Court: 3 Hours; 40 Minutes. Court Reporter: Lydia Zinn. Plaintiff Attorneys: Jeffrey Davidson, Megan Crowley, Alexander Berengaut, Mark Lynch, Lanny Breuer, James Zahradka, Brian Danitz, Mark Rosenbaum, Ethan Dettmer, Eric Brown. Defendant Attorneys: Brad Rosenberg, Kate Bailey, Brett Shumate. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Date Filed: 12/20/2017) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
79

Transcript of Proceedings held on 12/20/2017, before Judge William Alsup. Court Reporter/Transcriber Lydia Zinn, telephone number (415) 531-6587. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (222 in 3:17-cv-05211-WHA) Transcript Order, (220 in 3:17-cv-05211-WHA) Transcript Order ) Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/21/2018. (Zinn, Lydia) (Filed on 12/21/2017) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
80

PER CURIAM of Supreme Court of the United States on Petition for Writ of Mandamus vacating judgment of USCA and remanding case. (sxbS, COURT STAFF) (Filed on 12/21/2017) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
81

STAY OF NOVEMBER 20 ORDER 197 . Signed by Judge Alsup on 12/21/2017. (whalc1, COURT STAFF) (Filed on 12/21/2017) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
82

ORDER of USCA regarding Government's threshold arguments and certification for appeal (sxbS, COURT STAFF) (Filed on 12/27/2017) (Entered: 12/27/2017)

Dec. 27, 2017

Dec. 27, 2017

PACER
83

ORDER DENYING 114 FRCP 12(b)(1) DISMISSAL AND GRANTING 111 PROVISIONAL RELIEF (granting 227 ) by Judge William Alsup. (whalc1, COURT STAFF) (Filed on 1/9/2018) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
84

CLERK'S NOTICE: Discovery Hearing set for 1/10/2018 10:30 AM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Sallie Kim. Personal appearances are preferred, but given the short notice counsel may appear by telephone. Only one attorney per party to speak if appearing by telephone, although other attorneys for the same party may listen to the hearing. Attorneys wishing to participate by telephone shall contact the Court by email to SKCRD@cand.uscourts.gov to request the dial-in information. In the email, counsel shall identify which party they represent and the name(s) of the attorney(s) that will be appearing. The Court will issue a follow up order with specific topics to be addressed during the hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 1/10/2018) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
85

CLERK'S NOTICE Correcting Date/Time of Discovery Hearing: Discovery Hearing set for 1/11/2018 10:30 AM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Sallie Kim. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 1/10/2018) Modified on 1/10/2018 (mklS, COURT STAFF). (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
86

ORDER REGARDING DISCOVERY HEARING ON 1/11/2018. Signed by Magistrate Judge Sallie Kim on 1/10/2018. (mklS, COURT STAFF) (Filed on 1/10/2018) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
87

Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Discovery Hearing held on 1/11/2018. The Court and parties discuss the status of discovery. Further Discovery Hearing set for 1/30/2018 09:30 AM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Sallie Kim. Defense counsel may appear by telephone. (FTR Time: 10:32-10:41.) Plaintiff Attorney: Jeffrey Davidson; James Zahradka; Eric Brown; Justin Berger; Kelsey Helland. Defendant Attorney: Brad Rosenberg (by telephone). (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Date Filed: 1/11/2018) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
88

ORDER GRANTING IN PART 114 DEFENDANTS' MOTION TO DISMISS UNDER FRCP 12(b)(6) by Judge William Alsup. (whalc1, COURT STAFF) (Filed on 1/12/2018) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
89

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Department of Homeland Security, Kirstjen Nielson, United States of America. Appeal of Order on Motion for Preliminary Injunction 83, Order on Motion to Dismiss 88 (Appeal fee FEE WAIVED.) (Rosenberg, Brad) (Filed on 1/16/2018) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

PACER
90

CLERK'S NOTICE: The Discovery Hearing currently set for 1/30/2018 at 9:30 AM before Magistrate Judge Sallie Kim is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 1/22/2018) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 11, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

States of California, Maine, Maryland, and Minnesota

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

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: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Discrimination-basis:

Immigration status

Benefit Source:

DACA (Deferred Action for Childhood Arrivals)

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Legalization/Amnesty

Status/Classification

Undocumented immigrants - rights and duties

Work authorization - criteria

Work authorization - procedures