Case: National Association for the Advancement of Colored People v. U.S. Department of Homeland Security

1:18-cv-00239 | U.S. District Court for the District of Maryland

Filed Date: Jan. 24, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On Jan. 24, 2018, the NAACP Legal Defense Fund (LDF) filed this lawsuit against the U.S. Department of Homeland Security (DHS) in the U.S. District Court for the District of Maryland. Represented by its own counsel, LDF challenged DHS's Nov. 2017 revocation of Temporary Protected Status (TPS) for Haitians living in the United States. The plaintiff alleged that DHS violated the Due Process and Equal Protection Clauses of the Fifth Amendment by relying on stereotypes based on race and national or…

On Jan. 24, 2018, the NAACP Legal Defense Fund (LDF) filed this lawsuit against the U.S. Department of Homeland Security (DHS) in the U.S. District Court for the District of Maryland. Represented by its own counsel, LDF challenged DHS's Nov. 2017 revocation of Temporary Protected Status (TPS) for Haitians living in the United States. The plaintiff alleged that DHS violated the Due Process and Equal Protection Clauses of the Fifth Amendment by relying on stereotypes based on race and national origin to deprive Haitians of their rights. The plaintiff sought mandamus (for DHS to carry out the Immigration and Nationality Act's procedures for reviewing TPS) and a declaratory judgment. The case was assigned to Judge Marvin J. Garbis.

Under the Immigration and Nationality Act (INA), the Secretary of DHS may find that a country's conditions temporarily prevent its nationals from safely returning, or that the country is unable to adequately handle the return of nationals. In such a situation, the Secretary may grant TPS to these nationals for 6 to 18 months, with a possible extension following a review of country conditions. TPS allows recipients to remain and work legally in the United States.

DHS had initiated TPS for Haitians following the Jan. 2010 earthquake in Haiti. After each 18-month period since then, DHS had reviewed the program, determined that Haitian nationals could not yet return safely (due to severe safety, health, housing, and infrastructure problems, exacerbated by subsequent hurricanes), and extended the program.

This policy, however, ended with DHS' termination of TPS for Haitians in Nov. 2017. LDF argued that DHS' decision to end the program was not based on a change in conditions in Haiti, but rather on racially discriminatory stereotypes of Haitians. These stereotypes allegedly appeared in President Trump's remarks that the plaintiffs claimed disparaged Haitians, and DHS' alleged search for evidence of Haitians' criminality and welfare dependence.

On Apr. 17, LDF filed an amended complaint, adding two other organizational plaintiffs that advocate for Haitians living in the U.S.

On May 7, the defendants filed a motion to dismiss for failure to state a claim and lack of jurisdiction. The defendants argued that Congress had statutorily precluded judicial review of challenges to the Secretary's discretionary decisions regarding TPS designations. As to the plaintiffs' equal protection claims, the defendants argued that the rational basis standard of review applied and that the plaintiffs had failed to demonstrate that the Secretary's decision was not rationally related to a legitimate government interest.

The case was reassigned to Judge Deborah K. Chasanow on July 24, 2018.

On March 12, 2019, Judge Chasanow filed an opinion and order granting in part and denying in part the defendants' motion to dismiss. First, Judge Chasanow found that the court did have jurisdiction to hear the plaintiffs' constitutional claims. Next, she held that the plaintiffs had alleged a plausible claim for relief. Instead of rational basis review, Judge Chasanow found that the proper question was whether the government's decision to terminate TPS was motivated by impermissible race or national origin discrimination; if so, the action would be presumptively invalid and only upheld if it were narrowly tailored to achieve a compelling government purpose. Consequently, Judge Chasanow held that it was appropriate to view any circumstantial evidence to find proof of discriminatory motive, and that the plaintiffs had provided such evidence, which was to be viewed in their favor at this stage. Judge Chasanow then dismissed the plaintiffs' claims for mandamus and declaratory relief, as their constitutional claim would provide them with full relief. 364 F.Supp.3d 568.

On April 8, 2019, the defendants filed a motion to stay or, in the alternative, to confine discovery to the administrative record. The defendants requested that the court stay this case pending final appellate review of the preliminary injunction issued in a parallel case, Ramos v. Nielsen (located here in this Clearinghouse).

In an April 26 order, Judge Chasanow informed the parties that if they could reach an agreement, discovery could be limited to what had already been produced by the government in other, parallel litigation.

On March 23, 2020, Judge Chasanow granted the defendants' motion to stay. Due to the interconnected nature of the parallel litigation, particularly related to the scope of permissible discovery, and the ongoing COVID-19 pandemic, Judge Chasanow concluded it was best to stay proceedings in this case while the other cases were litigated.

This case is ongoing.

Summary Authors

Ava Morgenstern (4/21/2018)

Virginia Weeks (7/25/2018)

Sam Kulhanek (5/14/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6296521/parties/national-association-for-the-advancement-of-colored-people-v-united-states/


Judge(s)

Chasanow, Deborah K. (Maryland)

Garbis, Marvin J. (Maryland)

Attorneys(s) for Plaintiff

Asaka, Anson (Maryland)

Audain, Raymond (New York)

Berry, Bradford (Maryland)

Craine, Khyla Danielle (Maryland)

Ifill, Sherrilyn (New York)

James, Erika (New York)

Johnson, Kristen (New York)

Lee, Jin Hee (New York)

Judge(s)

Chasanow, Deborah K. (Maryland)

Garbis, Marvin J. (Maryland)

Attorneys(s) for Plaintiff

Asaka, Anson (Maryland)

Audain, Raymond (New York)

Berry, Bradford (Maryland)

Craine, Khyla Danielle (Maryland)

Ifill, Sherrilyn (New York)

James, Erika (New York)

Johnson, Kristen (New York)

Lee, Jin Hee (New York)

Louard, Janette (Maryland)

McClammy, James Irving (New York)

McClellan, Cara (New York)

Merle, Natasha C. (New York)

Nelson, Janai S. (New York)

Quereshi, Ajmel (District of Columbia)

Ross, Deuel (New York)

Spital, Samuel (New York)

Attorneys(s) for Defendant

Dugan, Joseph C. (District of Columbia)

Kirschner, Adam D. (District of Columbia)

Other Attorney(s)

Barrett, Shannon (District of Columbia)

Carter, Margaret L. (California)

Greenblatt, Jonathan Lee (District of Columbia)

Ryan, Christopher M (District of Columbia)

Suvor, Daniel R (California)

Expert/Monitor/Master

Haynes, Antonio M (New York)

Documents in the Clearinghouse

Document

1:18-cv-00239

Docket [PACER]

NAACP v. Department of Homeland Security

March 23, 2020

March 23, 2020

Docket
1

1:18-cv-00239

Complaint

NAACP v. Department of Homeland Security

Jan. 24, 2018

Jan. 24, 2018

Complaint
30

1:18-cv-00239

Preliminary Statement

NAACP v. Department of Homeland Security

April 17, 2018

April 17, 2018

Pleading / Motion / Brief
67

1:18-cv-00239

Memorandum Opinion

NAACP v. Department of Homeland Security

364 F.Supp.3d 568

March 12, 2019

March 12, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6296521/national-association-for-the-advancement-of-colored-people-v-united-states/

Last updated Aug. 2, 2022, 3:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security ( Filing fee $ 400 receipt number 0416-7118932.), filed by National Association for the Advancement of Colored People. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Summons - US Atty, # 5 Summons - US Atty General, # 6 Summons - Dept of Homeland Sec, # 7 Summons - Elaine C. Duke, # 8 Summons - Kirstjen Nielsen)(Ifill, Sherrilyn) (Entered: 01/24/2018)

1 Civil Cover Sheet

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2 Exhibit A

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3 Exhibit B

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4 Summons - US Atty

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5 Summons - US Atty General

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6 Summons - Dept of Homeland Sec

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7 Summons - Elaine C. Duke

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8 Summons - Kirstjen Nielsen

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Jan. 24, 2018

Jan. 24, 2018

PACER
2

NOTICE of Appearance by Sherrilyn A Ifill on behalf of National Association for the Advancement of Colored People (Ifill, Sherrilyn) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER

Deficiency Notice as to National Association for the Advancement of Colored People -- Your Local Rule 103.3 disclosure statement has not been filed. The Statement must be filed by 2/1/2018 (kw2s, Deputy Clerk)

Jan. 25, 2018

Jan. 25, 2018

PACER

Deficiency Notice

Jan. 25, 2018

Jan. 25, 2018

PACER
3

Summons Issued 60 days as to Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(kw2s, Deputy Clerk) (Entered: 01/25/2018)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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Jan. 25, 2018

Jan. 25, 2018

PACER
4

NOTICE of Appearance by Cara McClellan on behalf of National Association for the Advancement of Colored People (McClellan, Cara) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
5

NOTICE of Appearance by Ajmel Quereshi on behalf of National Association for the Advancement of Colored People (Quereshi, Ajmel) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
6

Local Rule 103.3 Disclosure Statement by National Association for the Advancement of Colored People (Ifill, Sherrilyn) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
7

MOTION to Appear Pro Hac Vice for Samuel Spital (Filing fee $100, receipt number 0416-7132075.) by National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 01/31/2018)

1 Text of Proposed Order

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Jan. 31, 2018

Jan. 31, 2018

PACER
8

MOTION to Appear Pro Hac Vice for Jin Hee Lee (Filing fee $100, receipt number 0416-7132144.) by National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 01/31/2018)

1 Text of Proposed Order

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Jan. 31, 2018

Jan. 31, 2018

PACER
9

MOTION to Appear Pro Hac Vice for Natasha C. Merle (Filing fee $100, receipt number 0416-7132153.) by National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 01/31/2018)

1 Text of Proposed Order

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Jan. 31, 2018

Jan. 31, 2018

PACER
10

MOTION to Appear Pro Hac Vice for Deuel Ross (Filing fee $100, receipt number 0416-7132175.) by National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 01/31/2018)

1 Text of Proposed Order

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Jan. 31, 2018

Jan. 31, 2018

PACER
11

MOTION to Appear Pro Hac Vice for Raymond Audain (Filing fee $100, receipt number 0416-7134052.) by National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 02/01/2018)

1 Text of Proposed Order

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Feb. 1, 2018

Feb. 1, 2018

PACER
12

SUMMONS Returned Executed by National Association for the Advancement of Colored People. Elaine Costanzo Duke served on 2/2/2018, answer due 4/3/2018; Kirstjen Nielsen served on 2/2/2018, answer due 4/3/2018; United States Department of Homeland Security served on 2/2/2018, answer due 4/3/2018.(McClellan, Cara) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
13

PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice on behalf of Samuel Spital. Directing attorney Samuel Spital to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/6/2018. (srd, Deputy Clerk) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
14

PAPERLESS ORDER granting 8 Motion to Appear Pro Hac Vice on behalf of Jin Hee Lee. Directing attorney Jin Hee Lee to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/6/2018. (srd, Deputy Clerk) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
15

PAPERLESS ORDER granting 9 Motion to Appear Pro Hac Vice on behalf of Natasha Merle. Directing attorney Natasha Merle to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/6/2018. (srd, Deputy Clerk) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
16

PAPERLESS ORDER granting 10 Directing attorney Deuel Ross to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/6/2018. (srd, Deputy Clerk) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
17

PAPERLESS ORDER granting 11 Attorney Raymond Audain will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 2/6/2018. (srd, Deputy Clerk) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
18

MOTION to Appear Pro Hac Vice for Kristen Johnson (Filing fee $100, receipt number 0416-7144954.) by National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 02/07/2018)

1 Text of Proposed Order

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Feb. 7, 2018

Feb. 7, 2018

PACER
19

SUMMONS Returned Executed by National Association for the Advancement of Colored People. United States Department of Homeland Security served on 2/6/2018, answer due 4/9/2018.(McClellan, Cara) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
20

SUMMONS Returned Executed by National Association for the Advancement of Colored People. Kirstjen Nielsen served on 2/6/2018, answer due 4/9/2018.(McClellan, Cara) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
21

SUMMONS Returned Executed by National Association for the Advancement of Colored People. Elaine Costanzo Duke served on 2/6/2018, answer due 4/9/2018.(McClellan, Cara) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
22

PAPERLESS ORDER granting 18 Motion to Appear Pro Hac Vice on behalf of Kristen Johnson. Directing attorney Kristen Johnson to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/12/2018. (srd, Deputy Clerk) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
23

SUMMONS Returned Executed by National Association for the Advancement of Colored People. United States Department of Homeland Security served on 2/5/2018, answer due 4/9/2018.(McClellan, Cara) Modified on 2/13/2018 (kw2s, Deputy Clerk). (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
24

NOTICE of Appearance by Adam D Kirschner on behalf of All Defendants (Kirschner, Adam) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
25

NOTICE of Appearance by Joseph C Dugan on behalf of All Defendants (Dugan, Joseph) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
26

Joint MOTION for Extension of Time and to Set Deadlines by Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 04/04/2018)

1 Text of Proposed Order

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April 4, 2018

April 4, 2018

PACER
27

ORDER granting 26 Joint MOTION for Extension of Time and to Set Deadlines. Signed by Judge Marvin J. Garbis on 4/4/2018. (kw2s, Deputy Clerk) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

RECAP
28

(FILED IN ERROR) AMENDED COMPLAINT against Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security, filed by National Association for the Advancement of Colored People, Haitian Women for Haitian Refugees, Haitian Lawyers Association, Inc..(Ifill, Sherrilyn) Modified on 4/17/2018 (kw2s, Deputy Clerk). (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
29

QC NOTICE: 28 Amended Complaint, filed by Haitian Lawyers Association, Inc., National Association for the Advancement of Colored People, Haitian Women for Haitian Refugees was filed incorrectly. The following corrective actions are needed regarding missing or incomplete information:***Redline copy has not been filed. Please re-file the clean version of the amended complaint as the main document and the redline version as an attachment to the amended complaint. It has been noted as FILED IN ERROR, and the document link has been disabled. (kw2s, Deputy Clerk) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

PACER
30

AMENDED COMPLAINT against Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security, filed by Haitian Lawyers Association, Inc., National Association for the Advancement of Colored People, Haitian Women for Haitian Refugees. (Attachments: # 1 Comparison of Complaint to Amended Complaint)(Ifill, Sherrilyn) (Entered: 04/17/2018)

1 Comparison of Complaint to Amended Complaint

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April 17, 2018

April 17, 2018

PACER
31

Local Rule 103.3 Disclosure Statement by Haitian Lawyers Association, Inc. (Ifill, Sherrilyn) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
32

Local Rule 103.3 Disclosure Statement by Haitian Women for Haitian Refugees (Audain, Raymond) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
33

MOTION to Appear Pro Hac Vice for Erika A. James (Filing fee $100, receipt number 0416-7311417.) by Haitian Lawyers Association, Inc., Haitian Women for Haitian Refugees, National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 05/04/2018)

1 Text of Proposed Order

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May 4, 2018

May 4, 2018

PACER
34

MOTION to Appear Pro Hac Vice for James I. McClammy (Filing fee $100, receipt number 0416-7311418.) by Haitian Lawyers Association, Inc., Haitian Women for Haitian Refugees, National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 05/04/2018)

1 Text of Proposed Order

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May 4, 2018

May 4, 2018

PACER
35

MOTION to Appear Pro Hac Vice for Antonio M. Haynes (Filing fee $100, receipt number 0416-7311430.) by Haitian Lawyers Association, Inc., Haitian Women for Haitian Refugees, National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 05/04/2018)

1 Text of Proposed Order

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May 4, 2018

May 4, 2018

PACER
36

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 05/07/2018)

1 Text of Proposed Order

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May 7, 2018

May 7, 2018

PACER
37

PAPERLESS ORDER granting 33 Motion to Appear Pro Hac Vice on behalf of Erika James. Directing attorney Erika James to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/8/2018. (srd, Deputy Clerk) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
38

PAPERLESS ORDER granting 34 Motion to Appear Pro Hac Vice on behalf of James Irving McClammy. Directing attorney James Irving McClammy to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 5/8/2018. (srd, Deputy Clerk) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
39

PAPERLESS ORDER granting 35 Motion to Appear Pro Hac Vice on behalf of Antonio Haynes. Directing attorney Antonio Haynes to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/8/2018. (srd, Deputy Clerk) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
40

NOTICE of Appearance by James Irving McClammy on behalf of Haitian Lawyers Association, Inc., Haitian Women for Haitian Refugees, National Association for the Advancement of Colored People (McClammy, James) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER
41

NOTICE of Appearance by Antonio M Haynes on behalf of Haitian Lawyers Association, Inc., Haitian Women for Haitian Refugees, National Association for the Advancement of Colored People (Haynes, Antonio) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER
42

NOTICE of Appearance by Erika A James on behalf of Haitian Lawyers Association, Inc., Haitian Women for Haitian Refugees, National Association for the Advancement of Colored People (James, Erika) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER
43

Consent MOTION for Extension of Time by Haitian Lawyers Association, Inc., Haitian Women for Haitian Refugees, National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(Audain, Raymond) (Entered: 05/29/2018)

1 Text of Proposed Order

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May 29, 2018

May 29, 2018

PACER
44

ORDER granting 43 Consent MOTION for Extension of Time. Signed by Judge Marvin J. Garbis on 5/29/2018. (kw2s, Deputy Clerk) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
45

RESPONSE in Opposition re 36 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Haitian Lawyers Association, Inc., Haitian Women for Haitian Refugees, National Association for the Advancement of Colored People. (Attachments: # 1 Declaration of Raymond Audain in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Appendix)(Audain, Raymond) (Entered: 06/07/2018)

1 Declaration of Raymond Audain in Support of Plaintiffs' Opposition to Defe

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Appendix

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June 7, 2018

June 7, 2018

PACER
46

Amicus Curiae APPEARANCE entered by Shannon Barrett on behalf of County of Los Angeles(Barrett, Shannon) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
47

MOTION to Appear Pro Hac Vice for Daniel R. Suvor (Filing fee $100, receipt number 0416-7386213.) by County of Los Angeles(Barrett, Shannon) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
48

MOTION to Appear Pro Hac Vice for Margaret L. Carter (Filing fee $100, receipt number 0416-7386224.) by County of Los Angeles(Barrett, Shannon) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
49

NOTICE of Appearance by Christopher M Ryan on behalf of Catholic Legal Services, Archdiocese of Miami, Inc. (Ryan, Christopher) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
50

Local Rule 103.3 Disclosure Statement by Catholic Legal Services, Archdiocese of Miami, Inc. (Ryan, Christopher) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
51

Consent MOTION for Extension of Time to File Amicus Brief in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss by Catholic Legal Services, Archdiocese of Miami, Inc. (Attachments: # 1 Text of Proposed Order)(Ryan, Christopher) (Entered: 06/13/2018)

1 Text of Proposed Order

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June 13, 2018

June 13, 2018

PACER
52

PAPERLESS ORDER granting 47 Motion to Appear Pro Hac Vice on behalf of Daniel Suvor. Directing attorney Daniel Suvor to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 6/13/2018. (srd, Deputy Clerk) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
53

ORDER granting 51 Motion for Extension of Time to File Amicus Brief in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. Signed by Judge Marvin J. Garbis on 6/13/2018. (bmhs, Deputy Clerk) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
54

PAPERLESS ORDER granting 48 Motion to Appear Pro Hac Vice on behalf of Margaret Carter. Directing attorney Margaret Carter to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 6/14/2018. (srd, Deputy Clerk) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
55

NOTICE of Appearance by Jonathan Lee Greenblatt on behalf of Catholic Legal Services, Archdiocese of Miami, Inc. (Greenblatt, Jonathan) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
56

MOTION for Leave to File Brief of Amici Curiae 20 Cities and 6 Counties re 45 Opposition to Motion by County of Los Angeles (Attachments: # 1 [Proposed] Brief of Amici Curiae)(Barrett, Shannon) (Entered: 06/14/2018)

1 [Proposed] Brief of Amici Curiae

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June 14, 2018

June 14, 2018

PACER
57

RESPONSE re 45 Response in Opposition to Motion,, / Brief of Amicus Curiae Catholic Legal Services, Archdiocese of Miami, Inc. in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss filed by Catholic Legal Services, Archdiocese of Miami, Inc..(Greenblatt, Jonathan) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
58

REPLY to Response to Motion re 36 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security.(Kirschner, Adam) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
59

Consent MOTION for Leave to File Surreply Memorandum by Haitian Lawyers Association, Inc., Haitian Women for Haitian Refugees, National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(Audain, Raymond) (Entered: 06/29/2018)

1 Text of Proposed Order

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June 29, 2018

June 29, 2018

PACER
60

Joint Request for Conference (Audain, Raymond) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
61

MARGINAL ORDER granting 59 Motion for Leave to File Surreply Memorandum. Signed by Chief Judge James K. Bredar on 7/1/2018. (kns, Deputy Clerk) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
62

SURREPLY Memorandum of Law in Further Support by Haitian Lawyers Association, Inc., Haitian Women for Haitian Refugees, National Association for the Advancement of Colored People re 45 Response in Opposition to Motion,, (Audain, Raymond) Modified on 7/9/2018 (kw2s, Deputy Clerk). (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER

Case reassigned to Judge Deborah K. Chasanow. Judge Marvin J. Garbis no longer assigned to the case. (cags, Deputy Clerk)

July 24, 2018

July 24, 2018

PACER

Case Assigned/Reassigned

July 24, 2018

July 24, 2018

PACER
63

Correspondence re: Supplemental Authority (Attachments: # 1 Memorandum and Order, Centro Presente v. United States Department of Homeland Security, 18-10340)(McClammy, James) (Entered: 07/27/2018)

1 Memorandum and Order, Centro Presente v. United States Department of Homeland S

View on PACER

July 27, 2018

July 27, 2018

PACER
64

Correspondence re: Supplemental Authority (Attachments: # 1 Exhibit A-Order Denying Defendants' Motion to Dismiss, USDC-NDCA 18-cv-1554)(McClammy, James) (Entered: 08/09/2018)

1 Exhibit A-Order Denying Defendants' Motion to Dismiss, USDC-NDCA 18-cv-1554

View on PACER

Aug. 9, 2018

Aug. 9, 2018

PACER
65

MOTION to Withdraw as Attorney by Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security(Dugan, Joseph) (Entered: 02/23/2019)

Feb. 23, 2019

Feb. 23, 2019

PACER
66

PAPERLESS ORDER GRANTING 65 Motion to Withdraw as Attorney. Attorney Joseph C. Dugan terminated. Signed by Judge Deborah K. Chasanow on 2/25/2019. (Chasanow, Deborah) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER
67

MEMORANDUM OPINION. Signed by Judge Deborah K. Chasanow on 3/12/2019. (sat, Chambers) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

RECAP
68

ORDER GRANTING IN PART and DENYING IN PART 36 motion to dismiss, DISMISSING Counts II and III of Plaintiffs' amended complaint, GRANTING 56 motion for leave to file Brief of Amici Curiae, and SCHEDULING a telephone conference with counsel on April 24, 2019, at 12:00 p.m. (E.D.T.). Signed by Judge Deborah K. Chasanow on 3/12/2019. (sat, Chambers) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

PACER
69

Consent MOTION for Extension of Time to File Answer by Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 03/22/2019)

1 Text of Proposed Order

View on PACER

March 22, 2019

March 22, 2019

PACER
70

PAPERLESS ORDER GRANTING 69 unopposed motion for extension of time. Defendants' response to 30 amended complaint is now due by April 9, 2019. Signed by Judge Deborah K. Chasanow on 3/22/2019. (Chasanow, Deborah) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
71

MOTION to Withdraw as Attorney Khyla D. Craine by National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(Craine, Khyla) (Entered: 04/05/2019)

1 Text of Proposed Order

View on PACER

April 5, 2019

April 5, 2019

PACER
72

PAPERLESS ORDER GRANTING 71 Motion to Withdraw as Attorney. Attorney Khyla Danielle Craine terminated. Signed by Judge Deborah K. Chasanow on 4/5/2019. (Chasanow, Deborah) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER
73

MOTION to Stay by Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 04/08/2019)

1 Text of Proposed Order

View on PACER

April 8, 2019

April 8, 2019

RECAP
74

ANSWER to 30 Amended Complaint, by Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security.(Kirschner, Adam) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

PACER
75

NOTICE by Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security re 73 MOTION to Stay of Supplemental Authority (Kirschner, Adam) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
76

RESPONSE in Opposition re 73 MOTION to Stay /Memorandum of Law in Opposition to Defendants' Motion to Stay or Limit Discovery filed by Haitian Lawyers Association, Inc., Haitian Women for Haitian Refugees, National Association for the Advancement of Colored People.(McClammy, James) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

PACER
77

RECORDED Telephone Conference held on 4/24/2019 before Judge Deborah K. Chasanow.(FTR-Hibbs-3A) (jmhs, Deputy Clerk) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
78

LETTER/ORDER re: limited discovery and DEFERRING 73 motion to stay. Signed by Judge Deborah K. Chasanow on 4/26/2019. (sat, Chambers) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER
79

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of telephone conference held on 4/24/19, before Judge Deborah K. Chasanow. Total number of pages filed: 14. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber, 301-344-3106, before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 5/21/2019. Redacted Transcript Deadline set for 5/31/2019. Release of Transcript Restriction set for 7/29/2019.(krc, Deputy Clerk) Modified on 7/18/2019 (sp2, Deputy Clerk). (Additional attachment(s) added on 7/18/2019: # 1) (sp2, Deputy Clerk). (Entered: 05/02/2019)

1 Revised Transcript

View on PACER

April 30, 2019

April 30, 2019

PACER
80

STIPULATION and [Proposed] Order Governing Confidential Information by Haitian Lawyers Association, Inc., Haitian Women for Haitian Refugees, National Association for the Advancement of Colored People(McClammy, James) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
81

PAPERLESS ORDER APPROVING 80 Stipulation Governing Confidential Information and NOTING that whenever materials subject to the confidentiality order (or any pleading, motion or memorandum referring to them) are proposed to be filed in the court record under seal, the party making such filing must simultaneously submit a motion and accompanying order which includes (a) proposed reasons supported by specific factual representations to justify the sealing and (b) an explanation why alternatives to sealing would not provide sufficient protection (see Local Rule 105.11). Signed by Judge Deborah K. Chasanow on 5/21/2019. (Chasanow, Deborah) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
82

PAPERLESS NOTICE SCHEDULING a recorded telephone conference with counsel on Tuesday, July 23, 2019, at 10:00 a.m. Chambers will initiate the conference call. (sat, Chambers) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
90

ORDER GRANTING 73 motion to stay and STAYING this case until further order of court or June 1, 2020, whichever first occurs. Signed by Judge Deborah K. Chasanow on 3/23/2020. (sat, Chambers) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

83

Consent REQUEST for Extension of Time to File Letter re Plaintiffs' Position on Defendants' Request for Stay (Audain, Raymond) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER
84

PAPERLESS ORDER APPROVING 83 Plaintiffs' unopposed request for an extension of time. Plaintiffs' update to the court regarding its position on the government's request to stay is now due by July 18, 2019. Signed by Judge Deborah K. Chasanow on 7/11/2019. (Chasanow, Deborah) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
85

Correspondence Regarding Substantive legal issues (Audain, Raymond) Modified on 7/19/2019 (heps, Deputy Clerk). (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
86

RESPONSE re 85 Substantive legal issues - addressing filed by Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security.(Kirschner, Adam) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
87

RECORDED Telephone Conference held on 7/23/2019 re: 73 Motion of Defendants to Stay or, in the alternative, to Confine Discovery to the Administrative Record - Argued - RESERVED, all as stated by and before Judge Deborah K. Chasanow. (Court to issue a written opinion) (Court Reporter: Renee Ewing) (tds, Deputy Clerk) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

PACER
88

NOTICE by Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security re 73 MOTION to Stay (Kirschner, Adam) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

PACER
89

MEMORANDUM OPINION. Signed by Judge Deborah K. Chasanow on 3/23/2020. (sat, Chambers)

March 23, 2020

March 23, 2020

RECAP

Case Details

State / Territory: Maryland

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 24, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The NAACP, a civil rights organization

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Mandamus, 28 U.S.C. § 1361

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Racial profiling

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

Immigration/Border:

Constitutional rights

Status/Classification

Temporary protected status

National Origin/Ethnicity:

Other