Case: Moreno v. Nielsen

1:18-cv-01135 | U.S. District Court for the Eastern District of New York

Filed Date: Feb. 22, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 22, 2018, four noncitizens, on behalf of a proposed class of Temporary Protected Status (TPS) recipients, filed this lawsuit against the U.S. Department of Homeland Security (DHS) and its component U.S. Citizenship and Immigration Services (USCIS). Represented by the American Immigration Council and the Northwest Immigrant Rights Project, the plaintiffs filed their complaint in the U.S. District Court for the Eastern District of New York, challenging the defendants’ denial of their …

On February 22, 2018, four noncitizens, on behalf of a proposed class of Temporary Protected Status (TPS) recipients, filed this lawsuit against the U.S. Department of Homeland Security (DHS) and its component U.S. Citizenship and Immigration Services (USCIS). Represented by the American Immigration Council and the Northwest Immigrant Rights Project, the plaintiffs filed their complaint in the U.S. District Court for the Eastern District of New York, challenging the defendants’ denial of their applications for lawful permanent resident (LPR) status.

Under the Immigration and Nationality Act (INA), the Secretary of Homeland Security may find that a country’s conditions temporarily prevent its nationals from returning safely, or that the country is unable to adequately handle the return of nationals. Temporary Protected Status allows recipients to remain and work legally in the United States. During the Trump administration, the defendants had announced the termination, phasing-out, or review of TPS for nationals of various countries. Following years of residence in the United States, TPS recipients from those countries then faced an uncertain future. Some applied for Legal Permanent Resident status on an independent basis through sponsorship by a family member or employer. The plaintiffs in this case, however, alleged that the defendants had denied their LPR applications based on an erroneous interpretation of the INA.

To adjust to lawful permanent resident status, a noncitizen must demonstrate to USCIS that she was inspected and admitted to the United States. 8 U.S.C. § 1255(a), (k). A TPS holder, for purposes of adjustment of status, is “considered as being in, and maintaining, lawful status as a nonimmigrant.” 8 U.S.C. § 1254a(f)(4). In the Sixth and Ninth Circuits, courts have held that a TPS holder is deemed to have been inspected and admitted because she is deemed to be in “lawful nonimmigrant status,” and an individual in such status necessarily has been inspected and admitted. But, plaintiffs alleged, in the First, Second, Third, Fourth, Fifth, Seventh, Eighth, and Tenth Circuits, the defendants had a policy of denying the LPR applications of TPS holders who initially entered without inspection and admission, refusing to give effect to 8 U.S.C. § 1245a(f)(4) and refusing to acknowledge that a grant of TPS constitutes the inspection and admission required to adjust status.

The plaintiffs challenged the defendants' policy under the INA and the Administrative Procedure Act (APA) as contrary to law and exceeding the defendants’ statutory authority. The plaintiffs sought mandamus (for the defendants to lawfully adjudicate the LPR applications) and declaratory and injunctive relief.

In their class certification motion, the plaintiffs also proposed a class of all TPS recipients in the First, Second, Third, Fourth, Fifth, Seventh, Eighth, and Tenth Circuits, who initially entered the United States without inspection, who had applied or would apply for LPR status, and whose applications had been or would be denied on the basis of USCIS’s policy that TPS does not constitute an “admission” for purposes of adjusting status under 8 U.S.C. § 1255. On February 22, 2018 this case was assigned to Judge Roslynn R. Mauskopf.

On March 26, 2018 the plaintiffs filed an amended complaint. In May, the Commonwealth of Massachusetts and the group Asian Americans Advancing Justice offered amicus curiae briefs. The parties submitted letters to the court ahead of a May 30 conference. In their letter, the defendants filed a motion to dismiss, and the court ordered the plaintiffs to respond to this motion and to the defendants’ opposition to class certification. The court heard oral arguments on the outstanding motions at the May 30 conference.

On June 12, 2018 the defendants then filed a motion to dismiss and a motion for summary judgment. The plaintiffs filed their own motion for summary judgment a little over a month later. On July 20, 2018 the plaintiffs filed a second motion for class certification.

While these motions were still outstanding, the plaintiffs filed a motion for preliminary injunction on November 16, 2018. The parties both submitted reply briefs. With the government shutdown, the defendants filed a motion to stay proceedings due to a lapse in funding on January 23, 2019. The plaintiffs opposed the stay. Shortly after, the defendants moved to withdraw the motion to stay.

On January 24, 2019, the plaintiffs filed and the defendants opposed a motion for a temporary restraining order or a preliminary injunction in the alternative. One of the plaintiffs sought an order directing the defendants to reopen and re-adjudicate his application for adjustment of status before March 30, 2019, when his employer and visa petitioner would cease operations. The defendants sought to stay his motion until the government reopened. Once funding was restored, the defendants responded to the motion for a temporary restraining order.

On February 15, 2019 the court denied the plaintiff’s request for a temporary restraining order, and directed him to provide further information on whether he had standing to challenge the defendants’ “inspected and admitted” policy described above. 2019 WL 653139. Within the month, both parties filed reply briefs in support and in opposition to the plaintiff’s request for relief. The plaintiffs November 16, 2018 motion for a preliminary injunction also remained pending.

The court denied the plaintiffs’ motion for preliminary injunction on May 18, 2020. 460 F. Supp. 3d 291. The court found that although the plaintiffs “must make a ‘strong showing’ of irreparable harm” in order to obtain injunctive relief, they had failed to do so. The court noted that a preliminary injunction in another case Ramos v. Nielsen already enjoined the defendants “from engaging in, committing, or performing, directly or indirectly, by any means whatsoever, implementation and/or enforcement of the decisions to terminate TPS for Sudan, Haiti, El Salvador, and Nicaragua” and ordered defendants to take “all steps needed to ensure the continued validity of documents that prove lawful status and employment authorization” for these TPS holders “pending completion of discovery and a ruling on the merits of the action.” Ramos v. Nielsen, 336 F. Supp. 3d 1075, 1108-09 (N.D. Cal. 2018). The court found that this injunction, combined with a Federal Register notice that assured TPS would not be terminated immediately regardless of the outcome of the appeal in Ramos, the plaintiffs' argument of imminent harm was unpersuasive.

On January 8, 2021, the Supreme Court granted review in a parallel case, Santos v. Wolf, proceeding in the Third Circuit. In Sanchez, the plaintiff and his wife were citizens of El Salvador who had applied for and received TPS, but had been denied adjustment of status when they sought to become lawful permanent residents because they had not been admitted to the United States. The district court in Sanchez granted the plaintiffs’ motion for summary judgment and found that TPS met § 1255(a)’s requirement of inspection and admittance or parole. The Third Circuit reversed though and found that TPS could not serve as admission.

This case is ongoing.

Summary Authors

Ava Morgenstern (4/21/2018)

Erica Lignell (4/5/2019)

Bogyung Lim (7/31/2020)

Emily Kempa (3/3/2021)

Related Cases

Ramos v. Nielsen, Northern District of California (2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6324601/parties/moreno-v-nielsen/


Judge(s)

Mauskopf, Roslynn Renee (New York)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Kang, Leila (Washington)

Kenney, Mary (District of Columbia)

Macleod-Ball, Kristin A. (Massachusetts)

Macleod-Ball [inactive], Kristin Arina (Massachusetts)

Realmuto, Trina (Massachusetts)

Attorneys(s) for Defendant

Marutollo, Joseph Anthony (New York)

Marutollo [inactive], Joseph Anthony (New York)

Smith, Sheldon A. (New York)

Judge(s)

Mauskopf, Roslynn Renee (New York)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Kang, Leila (Washington)

Kenney, Mary (District of Columbia)

Macleod-Ball, Kristin A. (Massachusetts)

Macleod-Ball [inactive], Kristin Arina (Massachusetts)

Realmuto, Trina (Massachusetts)

Attorneys(s) for Defendant

Marutollo, Joseph Anthony (New York)

Marutollo [inactive], Joseph Anthony (New York)

Smith, Sheldon A. (New York)

ul-Haq, Ubaid (District of Columbia)

Other Attorney(s)

Huang, Eric Hui-Chieh (New York)

Miller, Jonathan B. (Massachusetts)

Urena, David (New York)

Documents in the Clearinghouse

Document

1:18-cv-01135

Docket [PACER]

Feb. 22, 2018

Feb. 22, 2018

Docket

1:18-cv-01135

Docket [PACER]

July 28, 2020

July 28, 2020

Docket
1

1:18-cv-01135

Class Action Complaint for Declaratory, Injunctive and Mandamus Relief

Feb. 22, 2018

Feb. 22, 2018

Complaint
2-1

1:18-cv-01135

Memorandum of Law in Support of Plaintiffs' Motion for Class Certification

Feb. 22, 2018

Feb. 22, 2018

Pleading / Motion / Brief
12

1:18-cv-01135

Class Action Complaint for Declaratory, Injunctive, and Mandamus Relief

Feb. 22, 2018

Feb. 22, 2018

Complaint
52

1:18-cv-01135

Memorandum and Order

2019 WL 653139

Feb. 15, 2019

Feb. 15, 2019

Order/Opinion
72

1:18-cv-01135

Memorandum and Order

560 F.Supp.3d 291, 2020 WL 2523052

May 18, 2020

May 18, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6324601/moreno-v-nielsen/

Last updated Aug. 8, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link

Case Assigned/Reassigned

Feb. 22, 2018

Feb. 22, 2018

PACER
1

COMPLAINT Class Action Complaint for Declaratory, Injunctive, and Mandamus Relief against All Defendants filing fee $ 400, receipt number 0207-10219749 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Jose Cantarero Argueta, Nelda Yolanda Reyes, Haydee Avilez Rojas, Amado de Jesus Moreno. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons Nielsen, # 3 Proposed Summons Cissna, # 4 Proposed Summons Sessions, # 5 Proposed Summons AUSA EDNY) (Realmuto, Trina) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
2

First MOTION to Certify Class by Haydee Avilez Rojas, Jose Cantarero Argueta, Amado de Jesus Moreno, Nelda Yolanda Reyes. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Index of Exhibits, # 3 Declaration First Realmuto Dec, # 4 Declaration Cortes del Olmo Dec, # 5 Declaration Estrada Dec, # 6 Declaration Liberles Dec, # 7 Declaration Pilsbury Dec, # 8 Declaration Shafiqullah Dec, # 9 Declaration Friedland Dec, # 10 Declaration Nowak Dec, # 11 Declaration Hohenstein Dec, # 12 Declaration Miller Dec, # 13 Declaration Volpe Dec, # 14 Declaration Yang Dec, # 15 Declaration Taylor Dec, # 16 Declaration Garcia Dec, # 17 Declaration Goodwin Dec, # 18 Declaration Takhsh Dec, # 19 Declaration Sharma-Crawford Dec, # 20 Declaration Loesch Dec, # 21 Declaration Blackford Dec, # 22 Declaration Peterson Dec, # 23 Declaration Hall Dec, # 24 Declaration Kenney Dec, # 25 Declaration Second Realmuto Dec, # 26 Declaration Adams Dec, # 27 Exhibit Moreno MTR Denial, # 28 Exhibit Reyes AOS Denial, # 29 Exhibit Cantarero Argueta NOID, # 30 Proposed Order) (Realmuto, Trina) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER

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

Feb. 22, 2018

Feb. 22, 2018

PACER
3

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
4

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
5

Summons Issued as to L. Francis Cissna, Kirstjen Nielsen, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summon, # 2 Summon, # 3 Summon) (Davis, Kimberly) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
6

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10229771. by Haydee Avilez Rojas, Jose Cantarero Argueta, Amado de Jesus Moreno, Nelda Yolanda Reyes. (Attachments: # 1 Admission Information, # 2 Affidavit) (Adams, Matt) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
7

MOTION for Leave to Appear Pro Hac Vice Mary Kenney Filing fee $ 150, receipt number 0207-10231079. by Haydee Avilez Rojas, Jose Cantarero Argueta, Amado de Jesus Moreno, Nelda Yolanda Reyes. (Attachments: # 1 Affidavit, # 2 WV Certificate of Good Standing, # 3 DC Certificate of Good Standing) (Kenney, Mary) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
8

NOTICE of Appearance by Joseph Anthony Marutollo on behalf of All Defendants (aty to be noticed) (Marutollo, Joseph) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
9

Letter in accordance with Judge Mauskopf's Standing Order by L. Francis Cissna, Kirstjen Nielsen, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security (Marutollo, Joseph) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
10

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10258762. by Haydee Avilez Rojas, Jose Cantarero Argueta, Amado de Jesus Moreno, Nelda Yolanda Reyes. (Attachments: # 1 Affidavit in Support, # 2 WA Certificate of Good Standing) (Kang, Leila) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
11

SUMMONS Returned Executed by Jose Cantarero Argueta, Nelda Yolanda Reyes, Haydee Avilez Rojas, Amado de Jesus Moreno. L. Francis Cissna served on 2/26/2018, answer due 4/27/2018; Kirstjen Nielsen served on 2/26/2018, answer due 4/27/2018. (Attachments: # 1 Exhibit) (Kenney, Mary) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
12

AMENDED COMPLAINT against All Defendants, filed by Jose Cantarero Argueta, Nelda Yolanda Reyes, Haydee Avilez Rojas, Amado de Jesus Moreno. (Realmuto, Trina) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
13

Joint MOTION for Extension of Time to File - Request for the Court to endorse the parties' proposed briefing schedule by L. Francis Cissna, Kirstjen Nielsen, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security. (Marutollo, Joseph) (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER
14

Joint MOTION for Extension of Time to File - Request for the Court to endorse the parties' proposed amended briefing schedule by L. Francis Cissna, Kirstjen Nielsen, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security. (Marutollo, Joseph) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER
15

NOTICE of Appearance by Jonathan B. Miller on behalf of Commonwealth of Massachusetts (aty to be noticed) (Miller, Jonathan) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
16

Letter MOTION for Leave to File Brief as Amici Curiae on behalf of Amici States by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER

ORDER re: 2 Motion to Certify Class; 13 Motion for Extension of Time to File; 14 Motion for Extension of Time to File; 16 Motion for Leave to File: The Court will hold a pre-motion conference on Wednesday May 30 at 12:00 noon. Counsel fully familiar with this action shall appear. By May 15, 2018, the parties shall submit pre-motion conference letters outlining briefly, but with sufficient particularity, the bases for their respective motions, and by May 22, the opposing party shall respond. The parties shall also address their respective positions with respect to the need for and scope of any discovery in this action, as well as why the proposed class certification motion should proceed at this juncture. Counsel for the Commonwealth of Massachusetts, representing proposed amici, may appear, and shall advise the Court by letter no later than May 22 as to the "other interested states" that seek to join the proposed brief in support of plaintiffs' cross-motion for summary judgment. The Court will hold in abeyance any decision on the need for such briefing pending receipt of further information on the scope of the parties' proposed motions. Ordered by Judge Roslynn R. Mauskopf on 5/7/2018. (Mauskopf, Roslynn)

May 7, 2018

May 7, 2018

PACER

Order on Motion to Certify Class

May 7, 2018

May 7, 2018

PACER
17

Consent MOTION for Leave to File Brief as Amicus Curaie in support of Plaintiffs' Motion for Summary Judgment by Asian Americans Advancing Justice - AAJC. (Huang, Eric) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
18

NOTICE of Appearance by Ubaid Ul-Haq on behalf of All Defendants (aty to be noticed) (Ul-Haq, Ubaid) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
19

Letter in Advance of May 30 Pre-Motion Conference by L. Francis Cissna, Kirstjen Nielsen, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security (Ul-Haq, Ubaid) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
20

Letter in Advance of May 30, 2018 Pre-Motion Conference by Haydee Avilez Rojas, Jose Cantarero Argueta, Amado de Jesus Moreno, Nelda Yolanda Reyes (Realmuto, Trina) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
21

Letter Advising the Court of Amici States by Commonwealth of Massachusetts (Miller, Jonathan) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER

ORDER: By May 25, 2018, plaintiffs shall respond by letter to the government's pre-motion conference letter filed on May 15, 2018 (Doc. No. 19 ), setting forth the bases for opposing the proposed motion to dismiss, and setting forth their response to the government's opposition to class certification. Ordered by Judge Roslynn R. Mauskopf on 5/22/2018. (Taronji, Robert)

May 22, 2018

May 22, 2018

PACER

Order of Entry

May 22, 2018

May 22, 2018

PACER

ORDER: The Court's previous order dated 5/22/2018 is hereby VACATED. The parties shall adhere to the deadlines set forth in the Court's order dated 5/7/2018. Ordered by Judge Roslynn R. Mauskopf on 5/22/2018. (Taronji, Robert)

May 22, 2018

May 22, 2018

PACER

Order

May 22, 2018

May 22, 2018

PACER
22

Letter Response to Plaintiffs' Pre-Motion Conference Letter by L. Francis Cissna, Kirstjen Nielsen, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security (Ul-Haq, Ubaid) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER
23

Letter Response to Defendants' Pre-Motion Conference Letter by Haydee Avilez Rojas, Jose Cantarero Argueta, Amado de Jesus Moreno, Nelda Yolanda Reyes (Realmuto, Trina) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER
24

NOTICE of Appearance by Sheldon A. Smith on behalf of All Defendants (aty to be noticed) (Smith, Sheldon) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER

Minute Entry for proceedings held before Judge Roslynn R. Mauskopf: Pre Motion Conference held on 5/30/2018. Joseph Martuollo The Court grants the pending motions for admission Pro Hac Vice Admission. Mary Kenney and Trina Realmuto for plaintiffs. Eric Huang for proposed Amici AAJC. Joseph Marutollo and Ubaid Ul-Haq with Sheldon Smith for defendants. Argumrnt heard on the parties' proposed motions. The Court defers ruling on intervention by Amici pending the review of the fully briefed motions. All defendants' time to answer is extended nunc pro tunc from April 10, 2018 until 21 days after the Court's decision on any motion or until further order of the Court. The parties shall confer and submit a joint proposed briefing schedule no later than Friday June 1. (Court Reporter Anthony Mancuso) (Taronji, Robert)

May 30, 2018

May 30, 2018

PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 30, 2018

May 30, 2018

PACER
25

Letter pursuant to the Court's May 30, 2018 order, regarding a joint proposed briefing schedule, for the Court's endorsement by L. Francis Cissna, Kirstjen Nielsen, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security (Marutollo, Joseph) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER

ORDER: The parties' proposed briefing schedule at 25 is so ordered. Any request to modify the schedule shall be made in writing in accordance with this Court's individual rules. Ordered by Judge Roslynn R. Mauskopf on 6/1/2018. (Taronji, Robert)

June 1, 2018

June 1, 2018

PACER

Order of Entry

June 1, 2018

June 1, 2018

PACER
26

NOTICE of Change of Telephone number by Sheldon A. Smith 718-254-6011 (Smith, Sheldon) (Entered: 06/04/2018)

June 4, 2018

June 4, 2018

PACER
27

NOTICE of Appearance by Kristin Arina Macleod-Ball on behalf of All Plaintiffs (aty to be noticed) (Macleod-Ball, Kristin) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
28

MOTION to Dismiss for Lack of Jurisdiction under Fed. R. Civ. P. 12(b)(1) and (b)(3), Motion to Dismiss for Failure to State a Claim under Fed. R. Civ. P. 12(b)(6), MOTION for Summary Judgment under Fed. R. Civ. P. 56 by L. Francis Cissna, Kirstjen Nielsen, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security. (Attachments: # 1 Memorandum in Support of Defendants' Motion to Dismiss, Alternative Motion for Summary Judgment, # 2 Declaration, Ubaid ul-Haq re: Exhibits, # 3 Exhibit 1, USCIS AAO Decision Rejecting Reyes I-290B, # 4 Exhibit 2, Argueta's NOID Response, # 5 Exhibit 3, USCIS Decision Denying Rojas I-485) (Ul-Haq, Ubaid) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
29

First MOTION for Summary Judgment by Plaintiffs by Haydee Avilez Rojas, Jose Cantarero Argueta, Amado de Jesus Moreno, Nelda Yolanda Reyes. (Attachments: # 1 Rule 56.1 Statement Rule 56.1 Statement, # 2 Memorandum in Support Memo ISO Plaintiffs' Motion for Summary Judgment, # 3 Index of Exhibits, # 4 Declaration Fourth Realmuto Declaration, # 5 Exhibit EE - Moreno Adv. Parole Approval, # 6 Exhibit FF - Moreno I-94, # 7 Exhibit GG - Moreno I-140 Approval, # 8 Exhibit HH - Moreno I-485 Decision, # 9 Exhibit II - Reyes I-130 Receipt, # 10 Exhibit JJ - Reyes I-485 Receipt, # 11 Exhibit KK - Reyes I-130 Approval, # 12 Exhibit LL - Cantarero Argueta I-94, # 13 Exhibit MM - Cantarero Argueta I-140 Approval, # 14 Exhibit NN - Cantarero Argueta I-485 Receipt, # 15 Exhibit OO - Cantarero Argueta Response to NOID, # 16 Exhibit PP - Avilez Rojas I-485 Receipt, # 17 Exhibit QQ - Garnica Silva Decision, # 18 Exhibit RR - DHS Brief in Garnica Silva, # 19 Proposed Order Proposed Summary Judgment Order) (Realmuto, Trina) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
30

MEMORANDUM in Opposition re 29 First MOTION for Summary Judgment by Plaintiffs -- Defendants' Memorandum of Law In Opposition filed by All Plaintiffs. (Realmuto, Trina) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
31

REPLY in Support re 29 First MOTION for Summary Judgment by Plaintiffs filed by All Plaintiffs. (Realmuto, Trina) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
32

Second MOTION to Certify Class by Haydee Avilez Rojas, Jose Cantarero Argueta, Amado de Jesus Moreno, Nelda Yolanda Reyes. (Attachments: # 1 Memorandum in Support of Plaintiffs' Amended Motion for Class Certification, # 2 Index of Exhibits, # 3 Declaration Third Realmuto Declaration, # 4 Exhibit A - Cortes del Olmo Dec., # 5 Exhibit B - Estrada Dec., # 6 Exhibit C - Liberles Dec., # 7 Exhibit D - Pilsbury Dec., # 8 Exhibit E - Shafiqullah Dec., # 9 Exhibit F - Friedland Dec., # 10 Exhibit G - Nowak Dec., # 11 Exhibit H - Hohenstein Dec., # 12 Exhibit I - Miller Dec., # 13 Exhibit J - Volpe Dec., # 14 Exhibit K - Yang Dec., # 15 Exhibit L - Taylor Dec., # 16 Exhibit M - Garcia Dec., # 17 Exhibit N - Goodwin Dec., # 18 Exhibit O - Takhsh Dec., # 19 Exhibit P - Sharma-Crawford Dec., # 20 Exhibit Q - Loesch Dec., # 21 Exhibit R - Blackford Dec., # 22 Exhibit S - Peterson Dec., # 23 Exhibit T - Hall Dec., # 24 Exhibit U - Kenney Dec., # 25 Exhibit V - Second Realmuto Dec., # 26 Exhibit W - Adams Dec., # 27 Exhibit X - Moreno Motion to Reopen Denial, # 28 Exhibit Y - Reyes I-485 Denial, # 29 Exhibit Z - Cantarero Argueta NOID, # 30 Exhibit AA - Moreno Dec., # 31 Exhibit BB - Reyes Dec., # 32 Exhibit CC - Cantarero Argueta Dec., # 33 Exhibit DD - Avilez Rojas Dec., # 34 Proposed Order Granting Amended Motion for Class Certification) (Realmuto, Trina) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
33

MEMORANDUM in Opposition re 32 Second MOTION to Certify Class -- Defendants' Memorandum of Law in Opposition filed by All Plaintiffs. (Realmuto, Trina) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
34

REPLY in Support re 32 Second MOTION to Certify Class filed by All Plaintiffs. (Realmuto, Trina) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
35

MEMORANDUM in Opposition re 28 MOTION to Dismiss for Lack of Jurisdiction under Fed. R. Civ. P. 12(b)(1) and (b)(3) Motion to Dismiss for Failure to State a Claim under Fed. R. Civ. P. 12(b)(6) MOTION for Summary Judgment under Fed. R. Civ. P. 56 - Plaintiffs' Memorandum of Law in Opposition - filed by All Defendants. (Attachments: # 1 Declaration, # 2 Appendix (Index), # 3 Exhibit SS) (Marutollo, Joseph) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
36

REPLY in Support re 28 MOTION to Dismiss for Lack of Jurisdiction under Fed. R. Civ. P. 12(b)(1) and (b)(3) Motion to Dismiss for Failure to State a Claim under Fed. R. Civ. P. 12(b)(6) MOTION for Summary Judgment under Fed. R. Civ. P. 56 filed by All Defendants. (Marutollo, Joseph) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
37

Letter regarding service of courtesy copies by L. Francis Cissna, Kirstjen Nielsen, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security (Marutollo, Joseph) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
38

Letter of Continued Interest in Submitting Amicus Brief by Commonwealth of Massachusetts (Miller, Jonathan) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
39

Letter of Continued Interest in Filing Amicus Brief by Asian Americans Advancing Justice - AAJC (Huang, Eric) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
40

Letter Request to approve briefing schedule for motion for preliminary injunction by Haydee Avilez Rojas, Jose Cantarero Argueta, Amado de Jesus Moreno, Nelda Yolanda Reyes (Kenney, Mary) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER

Order: The parties' proposed briefing schedule at 40 is so ordered. Plaintiffs' motion for a preliminary injunction shall be served on or before October 26, 2018. Defendants' response shall be served on or before November 9, 2018. Plaintiffs' reply, if any, as well as the fully briefed motion, shall be filed on or before November 16, 2018. Ordered by Judge Roslynn R. Mauskopf on 9/22/2018. (Wechsler, Simon)

Sept. 22, 2018

Sept. 22, 2018

PACER

Order

Sept. 22, 2018

Sept. 22, 2018

PACER
41

Motion for Preliminary Injunction

Nov. 16, 2018

Nov. 16, 2018

PACER
42

Response in Opposition to Motion

Nov. 16, 2018

Nov. 16, 2018

PACER
43

Reply in Support

Nov. 16, 2018

Nov. 16, 2018

PACER
44

Letter

Nov. 16, 2018

Nov. 16, 2018

PACER
45

NOTICE of Change of Attorney address for Kristin Macleod-Ball (Macleod-Ball, Kristin) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
46

NOTICE of Change of address for Trina Realmuto (Realmuto, Trina) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
47

MOTION to Stay - the Government respectfully requests a stay of this matter, including its opposition to Plaintiffs' anticipated motion, on account of the current lapse in appropriations. In the event that the Court denies the Government's stay request, the Government alternatively requests the endorsement of the revised briefing schedule. by L. Francis Cissna, Kirstjen Nielsen, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security. (Marutollo, Joseph) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
48

Response in Opposition to Motion

Jan. 24, 2019

Jan. 24, 2019

PACER
49

Motion for TRO

Jan. 24, 2019

Jan. 24, 2019

PACER
50

Motion to Withdraw

Jan. 29, 2019

Jan. 29, 2019

PACER
51

Memorandum in Opposition

Feb. 13, 2019

Feb. 13, 2019

PACER
52

MEMORANDUM AND ORDER: For the reasons set forth in the attached written order, it is ORDERED: 1) Moreno's request for a temporary restraining order is denied. 2) Moreno's reply papers shall address the standing issue raised in section II.B. His time to reply is extended from February 18, 2019, to February 22, 2019. 3) Defendants are granted leave to file a sur-reply, which shall address only the standing issue. That sur-reply, if any, shall be filed on or before February 28, 2019. Ordered by Judge Roslynn R. Mauskopf on 2/15/2019. (Taronji, Robert)

Feb. 15, 2019

Feb. 15, 2019

RECAP
53

Reply in Support

Feb. 22, 2019

Feb. 22, 2019

PACER
54

Reply in Opposition

Feb. 28, 2019

Feb. 28, 2019

PACER
55

Letter

March 8, 2019

March 8, 2019

PACER
56

Letter

March 12, 2019

March 12, 2019

PACER
57

Letter

March 26, 2019

March 26, 2019

PACER
58

Letter

June 27, 2019

June 27, 2019

PACER
59

Letter

July 2, 2019

July 2, 2019

PACER
60

Letter

Aug. 2, 2019

Aug. 2, 2019

PACER
61

Letter

Oct. 3, 2019

Oct. 3, 2019

PACER
62

Letter

Oct. 8, 2019

Oct. 8, 2019

PACER
63

Letter

Oct. 15, 2019

Oct. 15, 2019

PACER
64

Withdraw as Attorney

Nov. 5, 2019

Nov. 5, 2019

PACER
65

Withdraw as Attorney

Dec. 11, 2019

Dec. 11, 2019

PACER
66

Notice of Appearance

Jan. 2, 2020

Jan. 2, 2020

PACER
67

Withdraw as Attorney

Jan. 2, 2020

Jan. 2, 2020

PACER
68

Order

Feb. 24, 2020

Feb. 24, 2020

PACER
69

Letter

March 18, 2020

March 18, 2020

PACER
70

Notice of Change of Address/Firm/Email

May 5, 2020

May 5, 2020

PACER
71

Withdraw as Attorney

May 15, 2020

May 15, 2020

PACER
72

MEMORANDUM AND ORDER: For the reasons set forth in the attached Order, Plaintiffs' motion for a preliminary injunction is denied. (Taronji, Robert)

May 18, 2020

May 18, 2020

RECAP
73

Notice of Change of Address/Firm/Email

June 2, 2020

June 2, 2020

PACER
74

Letter

July 22, 2020

July 22, 2020

PACER
75

Letter

July 28, 2020

July 28, 2020

PACER

Order on Motion for Hearing

Sept. 29, 2020

Sept. 29, 2020

PACER

Order on Motion to Withdraw as Attorney AND Order on Motion to Withdraw as Attorney AND Order on Motion to Withdraw as Attorney AND Order on Motion to Withdraw as Attorney

Sept. 29, 2020

Sept. 29, 2020

PACER
76

Letter

Sept. 29, 2020

Sept. 29, 2020

PACER
77

Letter

Jan. 11, 2021

Jan. 11, 2021

PACER
78

Notice of Change of Address/Firm/Email

Feb. 2, 2021

Feb. 2, 2021

PACER
79

Appear Pro Hac Vice

Feb. 16, 2021

Feb. 16, 2021

PACER
80

Letter

June 7, 2021

June 7, 2021

PACER
81

Reply in Support

June 7, 2021

June 7, 2021

PACER

Order Dismissing Case

June 8, 2021

June 8, 2021

PACER
82

Judgment - Clerk

June 9, 2021

June 9, 2021

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 22, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

TPS recipients whose LPR applications were denied

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Northwest Immigrant Rights Project (NWIRP)

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

U.S. Department of Homeland Security, Federal

U.S. Citizenship and Immigration Services, Federal

Case Details

Causes of Action:

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Mandamus, 28 U.S.C. § 1361

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 denied

Issues

General:

Government Services

Immigration/Border:

Admission - criteria

Admission - procedure

Employment

Status/Classification

Temporary protected status

Visas - criteria

Visas - procedures

Work authorization - criteria

Work authorization - procedures