Case: Gonzalez Torres v. U.S. Department of Homeland Security

3:17-cv-01840 | U.S. District Court for the Southern District of California

Filed Date: Sept. 11, 2017

Case Ongoing

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Case Summary

On September 11, 2017, an individual recipient of the Deferred Action for Childhood Arrivals (“DACA”) program filed this lawsuit in the U.S. District Court for the Southern District of California. He sued the U.S. Department of Homeland Security (“DHS”), U.S. Citizenship and Immigration Services (“USCIS”), U.S. Immigration and Customs Enforcement (“ICE”), and U.S. Customs and Border Protection (“CBP”). The case was assigned to District Judge Jeffrey T. Miller. Represented by private counsel, th…

Represented by private counsel, the plaintiff stated that he had been a two-time DACA recipient since 2013. He alleged that in May 2016, DHS had apprehended him in a raid, detained him for a month, and initiated removal proceedings against him solely for unlawful presence. DHS denied the plaintiff's allegations and claimed the arrest was for human smuggling. Because of the removal proceedings, DHS automatically terminated the plaintiff’s DACA status, including his employment authorization, leading to his job loss. The plaintiff argued that this automatic status termination, with no notice or opportunity to respond, ran contrary to the USCIS’s DACA Standard Operating Procedures (“SOP”), and thus violated the Administrative Procedure Act (“APA”) for being arbitrary, capricious, and an abuse of discretion. The plaintiff also alleged that the government’s actions violated his Fifth Amendment due process rights. He sought declaratory relief and an injunction requiring compliance with the SOP—i.e., for his DACA authorization to be reinstated and not terminated prior to notice and an opportunity to respond.

The plaintiff noted that President Donald Trump had, on September 5, 2017, announced a phase-out of the DACA program. This phase-out included a renewal option for current DACA holders with a deadline of Oct. 5, 2017. Given this impending deadline, the plaintiff also moved for a temporary restraining order (“TRO”) on the same day as the complaint, requesting an expedited hearing. Judge Miller scheduled a motion hearing for September 28, 2017.

On September 21, 2017, DHS responded to the plaintiff's motion for a TRO. The government argued that the plaintiff was unlikely to succeed on the merits because (1) he could challenge removal only in removal proceedings in immigration court and not in the district court, and (2) DACA and its associated employment authorization was a discretionary program not governed by the Constitution or the APA. The plaintiff replied on September 26, 2017, arguing that the government’s jurisdictional arguments mischaracterized the plaintiff and DACA, and that the government imposed irreparable harm.

Judge Miller held a TRO motion hearing on September 28, 2017. The next day, the court issued a preliminary injunction, enjoining DHS's revocation of plaintiff's DACA status and allowing the plaintiff to apply for an extension. The court found that it had jurisdiction to review DHS's termination of the plaintiff's status, even though the court lacked jurisdiction in the plaintiff's immigration removal proceeding. Next, Judge Miller held that the plaintiff had established a likelihood of success on his claim demonstrating that DHS's termination of his status without reference to the DACA SOP was arbitrary, capricious, and an abuse of discretion. Further, due to the status termination and loss of employment, the plaintiff had suffered irreparable harm. 2017 WL 4340385.

On November 13, 2017, the plaintiff moved to modify the preliminary injunction. He explained that USCIS had not yet adjudicated his pending DACA renewal application, but that his status would expire on December 22, 2017. He asked the court to modify the preliminary injunction to ensure he would retain his status while USCIS processed the renewal application.

Following a December 12, 2017 motion hearing, the plaintiff alerted the court of a December 13, 2017 news report that ICE had detained a Pennsylvania DACA recipient after a postal delay with his renewal application had caused his status to lapse. DHS objected to the plaintiff introducing the news report.

On December 15, 2017, Judge Miller denied the plaintiff's motion to modify the preliminary injunction. The court stated that DHS had complied with the order by reinstating plaintiff's DACA status and employment authorization and accepting his renewal request. Although DHS intended to terminate the plaintiff's status by December 22, 2019, USCIS was also adjudicating his renewal request. The court concluded that since it had ordered DHS to comply with the APA and SOP, DHS was unlikely to improperly terminate the plaintiff's DACA status, detain, or remove him before December 22, 2019.

On December 22, 2017, DHS asked the court to dissolve the preliminary injunction and allow the status termination to take effect.

On January 12, 2018, the plaintiff filed an amended complaint and motion for a preliminary injunction. At this point in time, DHS had already terminated the plaintiff's DACA status and denied his renewal application based upon the removal proceedings. The plaintiff alleged that these actions violated the APA, as they lacked reasoned explanation guided by the DACA SOP, as well as his Fifth Amendment due process rights. The plaintiff requested a preliminary injunction vacating and enjoining the purported termination and the purported subsequent denial of his renewal application.

The government moved to dismiss the case on February 23, 2018. DHS argued that the plaintiff lacked standing after his DACA termination, that the case belonged in removal proceedings rather than before the district court, and that the termination implicated no constitutional interest.

On April 12, 2018, the court granted DHS's motion to dismiss without leave to amend the complaint, dissolved the initial preliminary injunction, and denied the plaintiff's January 12 motion for a new preliminary injunction. The court held that the second revocation of the plaintiff's DACA grant complied with the SOP and thus the preliminary injunction could be dissolved. In Judge Miller’s view, DHS had considered all the relevant factors in deeming the plaintiff an enforcement priority because of the allegations of human smuggling against him–even with no further evidence. Thus, DHS did not violate the APA. The court also found no constitutional violations. Judge Miller conceded that DACA implicated due process interests, entitling recipients to a notice and hearing before termination. However, the court held that the plaintiff had in fact received those procedural due process protections. In addition, the court dissolved the preliminary injunction issued on September 29, 2017. 2018 WL 1757668.

The plaintiff moved for reconsideration on May 10, 2018. The court denied the motion for reconsideration on July 20, 2018 because no newly discovered evidence was presented, no error was made in the initial judgment, and the controlling law had not changed. 2018 WL 3495830.

The plaintiff appealed to the United States Court of Appeals for the Ninth Circuit on August 3, 2018. After reviewing the district court docket, the Ninth Circuit issued an order stating that the appeal did not appear to be a preliminary injunction appeal. The plaintiff filed a reply brief on May 29, 2019, arguing that the district court's denial of a preliminary injunction, dismissal of the case, and entry of judgment was legally erroneous. The plaintiff asked the Ninth Circuit to vacate the district court’s decision and remand with instructions to enter a preliminary injunction setting aside USCIS’s termination of the plaintiff’s DACA status, benefits, and renewal application.

The case was considered for oral argument. However, the Ninth Circuit removed the case from the oral argument calendar on April 4, 2023, due to a scheduling conflict. As of April 16, 2024, no docket activity has occurred since April 4, 2023.

	Document
3:17-cv-01840	Docket [PACER] Torres v. U.S. Department of Homeland Security	Oct. 2, 2019	Oct. 2, 2019 Docket
1 3:17-cv-01840	Complaint for Declaratory and Injunctive Relief Torres v. U.S. Department of Homeland Security	Sept. 11, 2017	Sept. 11, 2017 Complaint
2 3:17-cv-01840	Plaintiff's Ex Parte Emergency Motion for Temporary Restraining Order and/or Preliminary Injunction; Application for Order Shortening Time and Expedited Hearing Prior to October 2017 Torres v. U.S. Department of Homeland Security	Sept. 11, 2017	Sept. 11, 2017 Pleading / Motion / Brief
9 3:17-cv-01840	Defendants’ Memorandum of Points and Authorities in Opposition to Plaintiff's Ex Parte Emergency Motion for temporary Restraining Order and/or Preliminary Injunction [DKT. 2]. Torres v. The U.S. Department of Homeland Security	Sept. 21, 2017	Sept. 21, 2017 Pleading / Motion / Brief
10 3:17-cv-01840	Plaintiff's Reply in Support of Ex Parte Emergency Motion For Temporary Restraining Order and/or Preliminary Injunction Gonzalez Torres v. Department of Homeland Security	Sept. 25, 2017	Sept. 25, 2017 Pleading / Motion / Brief
12 3:17-cv-01840	Order Granting Motion For Preliminary Injunction Gonzalez Torres v. DHS	Sept. 29, 2017	Sept. 29, 2017 Order/Opinion 2017 WL 2017
13 3:17-cv-01840	Plaintiff's Notice of Motion and Motion to Modify Order Granting Motion For Preliminary Injunction	Nov. 13, 2017	Nov. 13, 2017 Pleading / Motion / Brief
18 3:17-cv-01840	Defendants' Memorandum of Points and Authorities in Opposition to Plaintiff's Motion to Modify Order Granting Motion for Preliminary Injunction Torres v. U.S. Department Homeland Security	Dec. 4, 2017	Dec. 4, 2017 Pleading / Motion / Brief
22 3:17-cv-01840	Plaintiff's Reply in Support of Motion to Modify Order Granting Motion for Preliminary Injunction Torres v. U.S. Department of Homeland Security	Dec. 7, 2017	Dec. 7, 2017 Pleading / Motion / Brief
26 3:17-cv-01840	Plaintiff's Ex Parte Application for Leave to File Letter Alerting the Court of News that is Pertinent to Concerns Expressed by the Court at the Hearing on Plaintiff's Motion to Modify Preliminary Injunction Torres v. U.S. Department of Homeland Security	Dec. 14, 2017	Dec. 14, 2017 Pleading / Motion / Brief

Title	Description		External URL Date / External URL
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/...
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 https://www.govinfo.gov/...

ECF Number	Description	Date	Link Date / Link
2	MOTION for Temporary Restraining Order by Alberto Luciano Gonzalez Torres. (Attachments: # 1 Memo of Points and Authorities In support of ex parte emergency motion for TRO, # 2 Notice Request for oral argument, # 3 Declaration Declaration of John C. Ulin, # 4 Exhibit Ulin Declaration Exhibit A, # 5 Exhibit Ulin Declaration Exhibit B, # 6 Exhibit Ulin Declaration Exhibit C, # 7 Exhibit Ulin Declaration Exhibit D, # 8 Exhibit Ulin Declaration Exhibit E, # 9 Exhibit Ulin Declaration Exhibit F, # 10 Exhibit Ulin Declaration Exhibit G, # 11 Exhibit Ulin Declaration Exhibit H, # 12 Exhibit Ulin Declaration Exhibit I, # 13 Exhibit Ulin Declaration Exhibit J, # 14 Exhibit Ulin Declaration Exhibit K, # 15 Exhibit Ulin Declaration Exhibit L, # 16 Exhibit Ulin Declaration Exhibit M, # 17 Exhibit Ulin Declaration Exhibit N, # 18 Exhibit Ulin Declaration Exhibit O, # 19 Declaration of Plaintiff Alberto Luciano Gonzalez Torres)(anh) (jao). (Entered: 09/12/2017)	Sept. 11, 2017	Sept. 11, 2017 Clearinghouse
1	COMPLAINT against DOES 1-10, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement ( Filing fee $ 400 receipt number 0974-10430694.), filed by Alberto Luciano Gonzalez Torres. (Attachments: # 1 Civil Case Cover Sheet, # 2 Notice Ex Parte emergency motion for TRO, # 3 Memo of Points and Authorities In support of ex parte emergency motion for TRO, # 4 Notice Request for oral argument, # 5 Declaration John C. Ulin, # 6 Exhibit Declaration Exhibit A, # 7 Exhibit Ulin Declaration Exhibit B, # 8 Exhibit Ulin Declaration Exhibit C, # 9 Exhibit Ulin Declaration Exhibit D, # 10 Exhibit Ulin Declaration Exhibit E, # 11 Exhibit Ulin Declaration Exhibit F, # 12 Exhibit Ulin Declaration Exhibit G, # 13 Exhibit Ulin Declaration Exhibit H, # 14 Exhibit Ulin Declaration Exhibit I, # 15 Exhibit Ulin Declaration Exhibit J, # 16 Exhibit Ulin Declaration Exhibit K, # 17 Exhibit Exhibit Ulin Declaration Exhibit L, # 18 Exhibit Ulin Declaration Exhibit M, # 19 Exhibit Ulin Declaration Exhibit N, # 20 Exhibit Ulin Declaration Exhibit O, # 21 Declaration of Plaintiff Alberto Luciano Gonzalez Torres)The new case number is 3:17-cv-01840-JM-NLS. Judge Jeffrey T. Miller and Magistrate Judge Nita L. Stormes are assigned to the case. (Ulin, John)(anh) (jao). (Entered: 09/12/2017)	Sept. 11, 2017	Sept. 11, 2017 Clearinghouse
3	Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (anh) (jao). (Entered: 09/12/2017)	Sept. 12, 2017	Sept. 12, 2017 PACER
7	NOTICE of Appearance by Jaba Tsitsuashvili on behalf of Alberto Luciano Gonzalez Torres (Tsitsuashvili, Jaba)Attorney Jaba Tsitsuashvili added to party Alberto Luciano Gonzalez Torres(pty:pla) (jpp). (Entered: 09/13/2017)	Sept. 13, 2017	Sept. 13, 2017 PACER
6	SCHEDULING ORDER - Plaintiffs application for a temporary restrainingorder is calendared for oral argument on September 29, 2017, at 1:00 p.m. Defendants shall file a responding brief on or before September 22, 2017, and Plaintiff shall file a reply brief by September 26, 2017. Signed by Judge Jeffrey T. Miller on 9/13/2017.(jpp) (Entered: 09/13/2017)	Sept. 13, 2017	Sept. 13, 2017 PACER
5	SUMMONS Returned Executed by Alberto Luciano Gonzalez Torres. U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement served. (Ulin, John) (jpp). (Entered: 09/13/2017)	Sept. 13, 2017	Sept. 13, 2017 PACER
4	NOTICE of Appearance by Jeffrey S. Robins on behalf of U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Robins, Jeffrey)Attorney Jeffrey S. Robins added to party U.S. Citizenship and Immigration Services(pty:dft), Attorney Jeffrey S. Robins added to party U.S. Customs and Border Protection(pty:dft), Attorney Jeffrey S. Robins added to party U.S. Department of Homeland Security(pty:dft), Attorney Jeffrey S. Robins added to party U.S. Immigration and Customs Enforcement(pty:dft) (jpp). (Entered: 09/13/2017)	Sept. 13, 2017	Sept. 13, 2017 PACER
8	AMENDED SCHEDULING ORDER - Plaintiffs application for a temporary restraining order is calendared for oral argument on September 28, 2017, at 10:00 am. Defendants shall file a responding brief on or before September 21, 2017, and Plaintiff a reply brief by September 25, 2017. Signed by Judge Jeffrey T. Miller on 9/14/2017.(jpp) (Entered: 09/14/2017)	Sept. 14, 2017	Sept. 14, 2017 PACER
9	RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Robins Exhibit Declaration, # 2 Exhibit A: USCIS Form I-821D Instructions, # 3 Exhibit B: DACA SOP Appendix I (Mar. 1, 2016), # 4 Exhibit C: NTA, I-213, G-166, and related documents)(Robins, Jeffrey) (jpp). (Entered: 09/21/2017)	Sept. 21, 2017	Sept. 21, 2017 Clearinghouse
10	REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order filed by Alberto Luciano Gonzalez Torres. (Ulin, John) (Entered: 09/25/2017)	Sept. 25, 2017	Sept. 25, 2017 Clearinghouse
11	Minute Entry for proceedings held before Judge Jeffrey T. Miller: Motion Hearing held on 9/28/2017 re 2 MOTION for Temporary Restraining Order filed by Alberto Luciano Gonzalez Torres. Submitting, 2 MOTION for Temporary Restraining Order. Written order to follow. (Court Reporter/ECR Ellen Simone). (Plaintiff Attorney John Charles Ulin; Jaba Tsitsuashvili). (Defendant Attorney Jeffrey S. Robins). (no document attached) (gac) (Entered: 09/28/2017)	Sept. 28, 2017	Sept. 28, 2017 PACER
12	ORDER granting 2 Motion for Preliminary Injunction. Signed by Judge Jeffrey T. Miller on 9/29/2017. (jpp) (Entered: 09/29/2017)	Sept. 29, 2017	Sept. 29, 2017 Clearinghouse
13	MOTION Modify order granting motion for preliminary injunction re 12 Order on Motion for TRO by Alberto Luciano Gonzalez Torres. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit, # 4 Exhibit)(Ulin, John) (jpp). (Entered: 11/13/2017)	Nov. 13, 2017	Nov. 13, 2017 Clearinghouse
15	CERTIFICATE OF SERVICE by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re 14 Ex Parte MOTION for Extension of Time to File Answer re 1 Complaint (Robins, Jeffrey) (jpp). (Entered: 11/14/2017)	Nov. 14, 2017	Nov. 14, 2017 PACER
14	Ex Parte MOTION for Extension of Time to File Answer re 1 Complaint,,,,, by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - Reopening and reinstatement notice, # 2 Exhibit B - DACA renewal request receipt notice, # 3 Exhibit C - Notice of Intent to Terminate)(Robins, Jeffrey) (jpp). (Entered: 11/14/2017)	Nov. 14, 2017	Nov. 14, 2017 PACER
16	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/28/2017, before Judge Jeffrey T. Miller. Court Reporter/Transcriber: Ellen L. Simone. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/11/2017. Redacted Transcript Deadline set for 12/21/2017. Release of Transcript Restriction set for 2/20/2018. (akr) (Entered: 11/20/2017)	Nov. 20, 2017	Nov. 20, 2017 PACER
17	ORDER granting 14 application for enlargement of time to answer complaint. Defendants shall file their response to the complaint by December 29, 2017. Signed by Judge Jeffrey T. Miller on 11/21/2017. (jpp) (Entered: 11/21/2017)	Nov. 21, 2017	Nov. 21, 2017 PACER
20	Ex Parte MOTION to Shorten Time on Plaintiff's Motion to Modify Preliminary Injunction (Dkt. No. 13) by Alberto Luciano Gonzalez Torres. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Ulin, John) (jpp). (Entered: 12/04/2017)	Dec. 4, 2017	Dec. 4, 2017 PACER
19	CERTIFICATE OF SERVICE by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re 18 Response in Opposition to Motion, (Robins, Jeffrey) (jpp). (Entered: 12/04/2017)	Dec. 4, 2017	Dec. 4, 2017 PACER
18	RESPONSE in Opposition re 13 MOTION Modify order granting motion for preliminary injunction re 12 Order on Motion for TRO filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Robins, Jeffrey) (jpp). (Entered: 12/04/2017)	Dec. 4, 2017	Dec. 4, 2017 Clearinghouse
21	ORDER granting 20 application to Shorten Time on Plaintiffs Motion to Modify Order Granting Motion for Preliminary Injunction (Motion). Plaintiffs shall file a reply brief by December 7, 2017, and oral argument on the Motion is calendared for December 12, 2017 at 1:30pm. Signed by Judge Jeffrey T. Miller on 12/05/2017. (jpp) (Entered: 12/05/2017)	Dec. 5, 2017	Dec. 5, 2017 PACER
22	REPLY to Response to Motion re 13 MOTION Modify order granting motion for preliminary injunction re 12 Order on Motion for TRO filed by Alberto Luciano Gonzalez Torres. (Ulin, John) (jpp). (Entered: 12/07/2017)	Dec. 7, 2017	Dec. 7, 2017 Clearinghouse
24	CERTIFICATE OF SERVICE by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re 23 Ex Parte MOTION for Leave to File Sur-Reply (Robins, Jeffrey) (jpp). (Entered: 12/08/2017)	Dec. 8, 2017	Dec. 8, 2017 PACER
23	Ex Parte MOTION for Leave to File Sur-Reply by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Jeffrey S. Robins, # 2 Exhibit A - Proposed Surreply for Filing, # 3 Exhibit Exhibit 1 to Proposed Surreply - Form I-213, # 4 Exhibit Exhibit 2 to Proposed Surreply - ICE Jurisdictional Brief)(Robins, Jeffrey) (jpp). (Entered: 12/08/2017)	Dec. 8, 2017	Dec. 8, 2017 PACER
25	Minute Order for proceedings held before Judge Jeffrey T. Miller :Motion Hearing held on 12/12/2017, Submitting 13 Motion to Modify order granting motion for preliminary injunction re 12 Order on Motion for TRO filed by Alberto Luciano Gonzalez Torres. Written order to follow. Granting, 23 Ex Parte MOTION for Leave to File Sur-Reply filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, U.S. Citizenship and Immigration Services. [23-2] Sur-Reply by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement filed nunc pro tunc to 12/08/2017. (Court Reporter/ECR Ellen Simone). (Plaintiff Attorney John Chalres Ulin; Jaba Tsitsuashvili).(Defendant Attorney Jeffrey S. Robins). (no document attached) (gac) (Entered: 12/13/2017)	Dec. 12, 2017	Dec. 12, 2017 PACER
26	Ex Parte MOTION for Leave to File Letter filed as SUPPLEMENTAL DOCUMENT by Alberto Luciano Gonzalez Torres re 13 MOTION Modify order granting motion for preliminary injunction re 12 Order on Motion for TRO, 20 Ex Parte MOTION to Shorten Time on Plaintiff's Motion to Modify Preliminary Injunction (Dkt. No. 13) Ex Parte Application for Leave to File Letter Alerting the Court of News Pertinent to Concerns Expressed by the Court. (Attachments: # 1 Declaration, # 2 Supplement proposed letter alerting the Court of news pertinent to the Court's concerns, # 3 Exhibit, # 4 Exhibit)(Ulin, John) (aef). (Entered: 12/14/2017)	Dec. 14, 2017	Dec. 14, 2017 Clearinghouse
29	ORDER Denying 13 Motion to Modify Preliminary Injunction. The Court denies the motion to modify the Order, without prejudice. Signed by Judge Jeffrey T. Miller on 12/15/2017. (aef) (Entered: 12/15/2017)	Dec. 15, 2017	Dec. 15, 2017 Clearinghouse
28	CERTIFICATE OF SERVICE by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re 27 Objection, (Robins, Jeffrey) (jpp). (Entered: 12/15/2017)	Dec. 15, 2017	Dec. 15, 2017 PACER
27	OBJECTION by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re 26 Supplemental Document,, . (Attachments: # 1 Exhibit Motion to Dismiss NTA)(Robins, Jeffrey) (jpp). (Entered: 12/15/2017)	Dec. 15, 2017	Dec. 15, 2017 Clearinghouse
30	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/12/2017, before Judge Jeffrey T. Miller. Court Reporter/Transcriber: Ellen L. Simone. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/10/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/20/2018. (akr) (Entered: 12/21/2017)	Dec. 20, 2017	Dec. 20, 2017 PACER
31	Ex Parte MOTION re 12 Order on Motion for TRO by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Termination Notice, # 2 Declaration)(Robins, Jeffrey) (jpp). (Entered: 12/22/2017)	Dec. 22, 2017	Dec. 22, 2017 Clearinghouse
32	SCHEDULING ORDER - The court calendars 31 Defendants Ex Parte Applicationfor Order Dissolving Preliminary Injunction (Application) as a noticed motion and sets a hearing date of 2/05/2018 at 10:00am. Signed by Judge Jeffrey T. Miller on 12/27/2017.(jpp) (Entered: 12/27/2017)	Dec. 27, 2017	Dec. 27, 2017 PACER
34	CERTIFICATE OF SERVICE by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re 33 Ex Parte MOTION for Extension of Time to File Answer re 1 Complaint,,,,, Ex Parte MOTION Re-Notice Hearing re 32 Order,, Set Motion and R&R Deadlines/Hearings, (Robins, Jeffrey) (jpp). (Entered: 12/29/2017)	Dec. 29, 2017	Dec. 29, 2017 PACER
33	Ex Parte MOTION for Extension of Time to File Answer re 1 Complaint,,,,,, Ex Parte MOTION Re-Notice Hearing re 32 Order,, Set Motion and R&R Deadlines/Hearings, by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Robins, Jeffrey) (jpp). (Entered: 12/29/2017)	Dec. 29, 2017	Dec. 29, 2017 PACER
35	AMENDED SCHEDULING ORDER - the court grants Defendants ex parte application toenlarge the time to respond to the complaint until January 15, 2018, and recalendars Defendants motion to dissolve the injunction from February 5 to February 12, 2018 at 10:00am. Signed by Judge Jeffrey T. Miller on 1/05/2018. (jpp) (Entered: 01/05/2018)	Jan. 5, 2018	Jan. 5, 2018 PACER
36	Ex Parte MOTION for Leave to File Excess Pages in Consolidated Memorandum in Opposition to Defendants' Pending Motion and in Support of Plaintiff's Pending Motion by Alberto Luciano Gonzalez Torres. (Attachments: # 1 Declaration)(Ulin, John) (jpp). (Entered: 01/11/2018)	Jan. 11, 2018	Jan. 11, 2018 PACER
39	MOTION for Preliminary Injunction by Alberto Luciano Gonzalez Torres. (Attachments: # 1 Memo of Points and Authorities in Support of Motion for Preliminary Injunction, # 2 Declaration of Plaintiff Alberto Luciano Gonzalez Torres in Support of Motion for Preliminary Injunction, # 3 Declaration of John C. Ulin in Support of Motion for Preliminary Injunction, # 4 Exhibit Exs. A through K, # 5 Exhibit Ex. L, # 6 Exhibit Exs. M through U)(Ulin, John) (jpp). (Entered: 01/12/2018) 3 View on RECAP	Jan. 12, 2018	Jan. 12, 2018 PACER
38	AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by Alberto Luciano Gonzalez Torres. (Ulin, John) (jpp). (Entered: 01/12/2018)	Jan. 12, 2018	Jan. 12, 2018 Clearinghouse
37	ORDER granting 36 Plaintiff's ex parte application for order of 5-page extension of page limit. Signed by Judge Jeffrey T. Miller on 1/12/2018. (jpp) (Entered: 01/12/2018)	Jan. 12, 2018	Jan. 12, 2018 PACER
41	CERTIFICATE OF SERVICE by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re 40 Ex Parte MOTION to Stay the entire case (Robins, Jeffrey) (jpp). (Entered: 01/22/2018)	Jan. 22, 2018	Jan. 22, 2018 PACER

Case: Gonzalez Torres v. U.S. Department of Homeland Security

3:17-cv-01840 | U.S. District Court for the Southern District of California

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