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

Clearinghouse coding complete

Case Summary

On Sept. 11, 2017, an individual private plaintiff in San Diego filed this lawsuit in the U.S. District Court for the Southern District of California against the U.S. Department of Homeland Security (DHS). Private counsel from the law firm Arnold & Porter represented the plaintiff.In the complaint, 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 aga…

On Sept. 11, 2017, an individual private plaintiff in San Diego filed this lawsuit in the U.S. District Court for the Southern District of California against the U.S. Department of Homeland Security (DHS). Private counsel from the law firm Arnold & Porter represented the plaintiff.

In the complaint, 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 alien smuggling. Because of the removal proceedings, DHS automatically terminated his DACA status, including his employment authorization, leading to his job loss. Plaintiff argued that this automatic status termination, with no notice or opportunity to respond, ran contrary to USCIS's DACA Standard Operating Procedures (SOP) and thus violated the Administrative Procedure Act (APA) as arbitrary, capricious, and an abuse of discretion. The plaintiff also alleged that DHS's actions violated his Fifth Amendment due process rights. Plaintiff sought injunctive and declaratory relief for his DACA authorization to be reinstated and not terminated prior to notice and an opportunity to respond, as required in the SOP.

The plaintiff also noted that President Trump had, on September 5, 2017, announced a phase-out of the DACA program but with a renewal option for current DACA holders with a deadline of Oct. 5, 2017. Given this impending deadline, the plaintiff also filed a motion for a temporary restraining order (TRO) on the same day as the complaint, requesting an expedited hearing. Judge Jeffrey Miller, who was assigned to this case, scheduled a motion hearing for September 28, 2017.

On September 21, 2017, DHS responded to the plaintiff's TRO motion. The government argued that the plaintiff was unlikely to succeed on the merits because he could challenge removal only in removal proceedings in Immigration Court and not in the District Court and because DACA and its associated employment authorization were a discretionary program not governed by the Constitution or the APA. The plaintiff replied on September 26, 2017 in support of his claims and that the defendants' jurisdictional arguments rely on a mischaracterization of the plaintiff and DACA, and that the harm imposed by the defendants is irreparable.

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, so that the plaintiff could apply for an extension. 2017 WL 4340385 (S.D. Cal. Sept. 29, 2017). The court found that they 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.

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. DHS responded on December 4, 2019, and the plaintiff replied on December 7, 2019.

Following a December 12, 2017 motion hearing, the plaintiff alerted the court of a December 13, 2017 a news report that Immigration and Customs Enforcement (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, 2019, DHS asked the Court for an order dissolving the preliminary injunction and allowing the status termination to take effect.

On January 12, 2018, the plaintiff filed an amended complaint and motion for 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. Plaintiff alleged that these actions violated the APA as they lacked reasoned explanation guided by the DACA SOP. The plaintiff asked for a preliminary injunction vacating and enjoining the purported termination and the purported subsequent denial of his renewal application. DHS responded on February 5, 2018, and the plaintiff replied on February 12, 2019.

DHS moved to dismiss 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 February 23, 2019 motion to dismiss without leave to amend the complaint, dissolved the initial preliminary injunction, and denied the plaintiff's January 12, 2019 motion for a new preliminary injunction. In the order, the court held that the second revocation of the plaintiff's DACA grant complied with the SOP, so that the preliminary injunction could be dissolved. In his view, DHS had considered all relevant factors in determining that the plaintiff due to the allegations of alien smuggling against him, even with no further evidence was an enforcement priority within the SOP and other agency materials. In addition to seeing no APA violation, the court also saw no constitutional violation. The court conceded that DACA implicated due process interests, entitling recipients to a notice and hearing before termination. Judge Miller held that the plaintiff had in fact received these procedural due process protections. In addition, the court dissolved the preliminary injunction issued on September 29, 2017. 2018 WL 1757668.

On May 10, 2018, the plaintiff filled a motion for reconsideration for denying his motion for preliminary injunction and granting the defendants' motion to dismiss. 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 judgement, and that there had been no change in the controlling law.

On August 3, 2018, the plaintiff filed an appeal in the United States Court of Appeals for the 9th Circuit Court, docket #18-56037. After reviewing the district court docket, the 9th Circuit ordered that the appeal did not appear to be a preliminary injunction appeal. The plaintiff last filed a reply brief on May 29, 2019 clarifying that the district court's denial of a preliminary injunction, dismissal of the case, and entry of judgement was legally erroneous and should be vacated, reversed, and remanded with instructions to enter a preliminary injunction setting aside USCIS's termination of the plaintiff’s DACA status and benefits, as well as its denial of his DACA renewal application, which was based solely on that unlawful termination. The appeal remained pending as of November 13, 2019 and this case is ongoing.

Summary Authors

Ava Morgenstern (4/21/2018)

Emma Himes (11/13/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6163618/parties/gonzalez-torres-v-us-department-of-homeland-security/


Judge(s)

Miller, Jeffrey T. (California)

Stormes, Nita L. (California)

Attorneys(s) for Plaintiff

Tsitsuashvili, Jaba (California)

Ulin, John C. (California)

Attorneys(s) for Defendant

Peachey, William Charles (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Robins, Jeffrey S (District of Columbia)

Walker, James Joseph (District of Columbia)

Judge(s)

Miller, Jeffrey T. (California)

Stormes, Nita L. (California)

Attorneys(s) for Plaintiff

Tsitsuashvili, Jaba (California)

Ulin, John C. (California)

Attorneys(s) for Defendant

Peachey, William Charles (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Robins, Jeffrey S (District of Columbia)

Walker, James Joseph (District of Columbia)

Documents in the Clearinghouse

Document

3:17-cv-01840

Docket [PACER]

Torres v. U.S. Department of Homeland Security

Oct. 2, 2019

Oct. 2, 2019

Docket
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
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
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

2017 WL 4340385, 2017 U.S.Dist.LEXIS 161406

Sept. 29, 2017

Sept. 29, 2017

Order/Opinion
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

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6163618/gonzalez-torres-v-us-department-of-homeland-security/

Last updated Aug. 6, 2022, 3:14 a.m.

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

PACER
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

PACER
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

RECAP
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

PACER
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

RECAP
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

PACER
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

PACER
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

PACER
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

PACER
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

RECAP
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

PACER
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

PACER
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

PACER
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
40

Ex Parte MOTION to Stay the entire case 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, # 2 Exhibit Proposed Order)(Robins, Jeffrey) (jpp). (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
42

Ex Parte MOTION for Extension of Time to File Answer, Ex Parte MOTION Re-Notice Hearing 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)(Robins, Jeffrey) (jpp). (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
43

ORDER granting 42 Defendants' ex parte application for enlargement of time to answer complaint and request to re-notice hearing. Plaintiffs Motion for Preliminary Injunction (Doc. No. 39 ), currently scheduled for hearing on 2/12/2018, and Defendants Ex Parte Application for Stay of the Entire Case( Doc. No. 40 ) shall both be heard on 2/27/2018 at 10:00am. Answer to complaint due 2/13/2018. Signed by Judge Jeffrey T. Miller on 2/02/2018. (jpp) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
45

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 44 Response in Opposition to Motion, (Robins, Jeffrey) (jpp). (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
44

RESPONSE in Opposition re 39 MOTION for Preliminary Injunction 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: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
46

REPLY to Response to Motion re 39 MOTION for Preliminary Injunction filed by Alberto Luciano Gonzalez Torres. (Ulin, John) (jpp). (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
47

Ex Parte MOTION for Extension of Time to File Answer re 38 Amended 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 Declaration, # 2 Proof of Service)(Robins, Jeffrey) (jpp). (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

PACER
48

ORDER granting in part and denying in part 47 application to enlarge time to respond; Scheduling Order. For good cause shown, the court grants the motion to enlarge time and orders Defendants to file their motion to dismiss by February 23, 2018. Plaintiffs response is due March 9, 2018, and Defendants reply is due by March 16, 2018. The court sets a hearing date on the motion for March 26, 2018 at 10:00a.m. In order to promote judicial economy, the court, on its own motion, also continues all pending motions (ECF 31, 39 ) to March 26, 2018.Signed by Judge Jeffrey T. Miller on 2/20/2018. (jpp) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
49

MOTION to Dismiss 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 Memo of Points and Authorities, # 2 Proof of Service)(Robins, Jeffrey) (jpp). (Entered: 02/23/2018)

1

View on RECAP

Feb. 23, 2018

Feb. 23, 2018

PACER
50

RESPONSE in Opposition re 49 MOTION to Dismiss First Amended Complaint filed by Alberto Luciano Gonzalez Torres. (Ulin, John) (jpp). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
51

REPLY to Response to Motion re 49 MOTION to Dismiss 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 Proof of Service)(Robins, Jeffrey) (jpp). (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
52

Ex Parte MOTION for Leave to File Sur-Reply and Proposed Sur-Reply in Opposition to Motion to Dismiss First Amended Complaint by Alberto Luciano Gonzalez Torres. (Ulin, John)(acc). (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
53

NOTICE of Appearance by James Joseph Walker 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 (Walker, James)Attorney James Joseph Walker added to party U.S. Citizenship and Immigration Services(pty:dft), Attorney James Joseph Walker added to party U.S. Customs and Border Protection(pty:dft), Attorney James Joseph Walker added to party U.S. Department of Homeland Security(pty:dft), Attorney James Joseph Walker added to party U.S. Immigration and Customs Enforcement(pty:dft) (jpp). (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
54

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Motion Hearing held on 3/26/2018. Oral argument held. Court takes Motions, 49 MOTION to Dismiss, 39 MOTION for Preliminary Injunction, 31 Ex Parte MOTION re 12 Order on Motion for TRO under submission. Written order to follow. (Court Reporter/ECR James Pence). (Plaintiff Attorney Jaba Tsitsuashvili; John Charles Ulin). (Defendant Attorney Jeffrey S. Robins; James Joseph Walker). (no document attached) (gac) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
55

ORDER denying Plaintiff's 39 Motion for Preliminary Injunction; Granting Defendants' 49 Motion to dissolve the September 29, 2018 preliminary injunction, and Motion to Dismiss the First Amended Complaint without leave to amend. The Clerk of Court is instructed to close the file. Signed by Judge Jeffrey T. Miller on 4/12/2018. (gac) (sjt). (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

RECAP
56

CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that judgment is in favor 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 against Alberto Luciano Gonzalez by Judge Jeffrey T. Miller on 4/13/2018.(gac) (sjt). (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

RECAP
57

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/26/2018, before Judge Jeffrey T. Miller. Court Reporter/Transcriber: James C. Pence-Aviles. 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 5/21/2018. Redacted Transcript Deadline set for 5/31/2018. Release of Transcript Restriction set for 7/30/2018. (akr) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
58

MOTION for Reconsideration re 56 Clerk's Judgment, 55 Order on Motion for Preliminary Injunction,, Order on Motion to Dismiss, by Alberto Luciano Gonzalez Torres. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit)(Ulin, John) (Entered: 05/10/2018)

May 10, 2018

May 10, 2018

PACER
59

NOTICE of Errata (Missing Table of Contents and Table of Authorities in Memorandum of Points and Authorities) and Corrected Memorandum by Alberto Luciano Gonzalez Torres re 58 MOTION for Reconsideration re 56 Clerk's Judgment, 55 Order on Motion for Preliminary Injunction,, Order on Motion to Dismiss, (Attachments: # 1 Memo of Points and Authorities Corrected Memorandum (Only to Add Table of Contents and Table of Authorities))(Ulin, John) (jpp). (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
60

RESPONSE in Opposition re 58 MOTION for Reconsideration re 56 Clerk's Judgment, 55 Order on Motion for Preliminary Injunction,, Order on Motion to Dismiss, 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. (Walker, James) (jpp). (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
61

REPLY to Response to Motion re 58 MOTION for Reconsideration re 56 Clerk's Judgment, 55 Order on Motion for Preliminary Injunction,, Order on Motion to Dismiss, filed by Alberto Luciano Gonzalez Torres. (Attachments: # 1 Exhibit)(Ulin, John) (jpp). (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
62

Minute Order by Judge Jeffrey T. Miller: Submitting, 58 MOTION for Reconsideration re 56 Clerk's Judgment, 55 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss. Motion Hearing set for 7/9/2018 10:00 AM before Judge Jeffrey T. Miller is vacated. Written order to follow. (no document attached) (gac) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
63

ORDER denying 58 Motion for Reconsideration. Signed by Judge Jeffrey T. Miller on 7/20/2018. (jpp) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

RECAP
64

NOTICE OF APPEAL to the 9th Circuit as to 56 Clerk's Judgment, 63 Order, 55 Order, by Alberto Luciano Gonzalez Torres. (Filing fee $ 505 receipt number 0974-11511602.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Ulin, John). (Modified on 8/1/2018: Edited docket text re linked Orders.) (akr). (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
65

USCA Case Number 18-56037 for 64 Notice of Appeal to 9th Circuit, filed by Alberto Luciano Gonzalez Torres. (akr) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
66

ORDER of USCA as to 64 Notice of Appeal to 9th Circuit, filed by Alberto Luciano Gonzalez Torres. Based on a review of the USDC docket, this does not appear to be a preliminary injunction appeal. Briefing schedule issued. (Copy to Court Reporters.) (akr) (Entered: 08/06/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
67

TRANSCRIPT DESIGNATION AND ORDERING FORM by Alberto Luciano Gonzalez Torres for proceedings held on 9/28/2017, 12/12/2017, and 3/26/2018 re 64 Notice of Appeal to the 9th Circuit. (Ulin, John). (Modified on 8/9/2018: Added designated dates to the docket text.) (akr). (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

PACER
68

Withdraw as Attorney

Oct. 2, 2019

Oct. 2, 2019

PACER
69

Order on Motion to Withdraw as Attorney

Oct. 2, 2019

Oct. 2, 2019

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:

A private plaintiff who received DACA in 2013 but challenged DHS's automatic termination of the status after a May 2016 removal order.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2017 - 2018

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

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

Benefit Source:

DACA (Deferred Action for Childhood Arrivals)

Immigration/Border:

Constitutional rights

Employment

Status/Classification

Undocumented immigrants - rights and duties

Work authorization - criteria

Work authorization - procedures