Case: Moreno v. Nielsen

Northwest Immigrant Rights Project

American Immigration Council

Case Assigned/Reassigned

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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

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)

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)

Order on Motion to Certify Class

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)

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

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)

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)

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

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)

Order of Entry

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)

Order

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)

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)

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

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)

Order on Motion for Leave to Appear Pro Hac Vice

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)

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)

Order of Entry

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

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

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)

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)

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)

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

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)

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)

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

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)

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)

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)

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

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

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)

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)

Order

Motion for Preliminary Injunction

Response in Opposition to Motion

Reply in Support

Letter

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

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

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)

Response in Opposition to Motion

Motion for TRO

Motion to Withdraw

Memorandum in Opposition

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)

Reply in Support

Reply in Opposition

Letter

Letter

Letter

Letter

Letter

Letter

Letter

Letter

Letter

Withdraw as Attorney

Withdraw as Attorney

Notice of Appearance

Withdraw as Attorney

Order

Letter

Notice of Change of Address/Firm/Email

Withdraw as Attorney

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

Notice of Change of Address/Firm/Email

Letter

Letter

Order on Motion for Hearing

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

Letter

Letter

Notice of Change of Address/Firm/Email

Appear Pro Hac Vice

Letter

Reply in Support

Order Dismissing Case

Judgment - Clerk