Case: Damus v. Nielsen

1:18-cv-00578 | U.S. District Court for the District of Columbia

Filed Date: March 15, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This class action suit, filed on March 15, 2018, sought to enjoin the U.S. Department of Homeland Security (DHS) from detaining asylum seekers in order to deter other potential migrants from seeking refuge in the United States. The plaintiffs, represented by the ACLU and private counsel, were asylum seekers who had been detained without individualized determinations that they posed a flight risk or danger to the community. The plaintiffs sued DHS under 42 U.S.C. § 1983 and alleged violations of…

This class action suit, filed on March 15, 2018, sought to enjoin the U.S. Department of Homeland Security (DHS) from detaining asylum seekers in order to deter other potential migrants from seeking refuge in the United States. The plaintiffs, represented by the ACLU and private counsel, were asylum seekers who had been detained without individualized determinations that they posed a flight risk or danger to the community. The plaintiffs sued DHS under 42 U.S.C. § 1983 and alleged violations of the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA), and the due process clause of the Fifth Amendment. They sought injunctive and declaratory relief. The case was filed in the U.S. District Court for the District of Columbia and assigned to Judge James E. Boasberg.

The plaintiffs stated that, upon arriving in the U.S., the government determined they had a credible fear of persecution and referred them to immigration courts for further assessment of their asylum claims. In the meantime, DHS detained them and did not provide individualized review of the need for detention. The plaintiffs argued that they were not detained due to individualized assessments that they pose a flight risk or danger to the community, but rather because DHS wanted to deter other migrants from seeking asylum in the U.S.

The plaintiffs argued that DHS adopted this broad policy of detaining asylum seekers at five Immigration and Customs Enforcement (ICE) offices--the offices in Detroit, El Paso, Los Angeles, Newark, and Philadelphia--on the basis that it would deter other migrants. The plaintiffs argued this policy was in violation of a 2015 opinion from this district court, as well as Supreme Court precedent holding that such general deterrence interests can inform criminal but not civil detention and that a conclusory national security interest was not sufficient to support the policy.

On March 20, 2018, the plaintiffs moved to certify the class, defined in the complaint as: "(1) All arriving asylum seekers; (2) who are found to have a credible fear of persecution or torture; and (3) who are or will be detained by U.S. Immigration and Customs Enforcement; (4) after having been denied parole under the authority of ICE’s Detroit, El Paso, Los Angeles, Newark, or Philadelphia Field Office."

The plaintiffs then moved for a preliminary injunction on March 30, 2018, seeking to enjoin the government from continuing to apply its deterrence policy. On April 24, 2018, the government moved to dismiss the case, claiming that the court should dismiss the complaint in its entirety because the court lacked jurisdiction to grant constitutional injunctive relief and because the complaint failed to allege facts that, taken as true, could plausibly demonstrate that the alleged unlawful deterrence policy exists.

On July 2, finding that the circumstances warranted extraordinary relief, Judge Boasberg granted the plaintiffs’ motion for preliminary injunction and granted class certification on a provisional basis for purposes of the preliminary injunction. Judge Boasberg held that it was likely that DHS had a policy or practice of detaining asylum seekers in violation of its own guidance or regulations, and so he ordered the government to follow a 2009 ICE Parole Directive--a set of principles and procedures establishing the processes by which the agency must determine whether an asylum seeker will be detained or released pending their immigration hearing. The court enjoined the defendants from denying parole to any provisional class member without first giving an individualized determination, through the parole process, that such provisional class member presented a flight risk or a danger to the community. Moreover, Judge Boasberg required that the individualized determinations be based on the specific facts of each provisional class member’s case rather than categorical criteria applicable to all provisional class members.

The court then held the motion to dismiss in abeyance as the parties worked together to implement the injunction and resolve outstanding issues outside of the courtroom. On Oct. 22, 2018 the court permitted the plaintiffs to conduct discovery for the limited purpose of determining if the government was complying with the preliminary injunction.

In a December 21, 2018 status report, the plaintiffs reported concerns about the defendants' noncompliance with the court's preliminary injunction order.

On February 28, 2019, Judge Boasberg filed an opinion and order granting in part and denying in part the defendants' motion to dismiss. He denied the motion as to the plaintiffs' APA and due process claims, but granted it as to certain defendants, dismissing them from the case. He found that his prior opinion foreclosed most of the defendants' arguments as to the plaintiffs' APA claims, and that he did not need to weigh in on the due process claim, as a decision at this point would not affect the outcome of the case. 2019 WL 1003440.

The defendants filed the administrative record on April 8.

On April 11, the plaintiffs filed a motion for a finding of civil contempt against the Los Angeles ICE Field Office for alleged ongoing violations of the court's preliminary injunction. They also requested that the court appoint a special master to oversee the Field Office's compliance with the injunction.

In a July 3 telephonic status conference, Judge Boasberg ordered the plaintiffs' motion for contempt to be held in abeyance pending the parole-grant rates to be disclosed in the defendants' next report. He noted that the rates at the Los Angeles Field Office had risen in the last report.

On July 19, the plaintiffs filed a motion for summary judgment and a permanent injunction. On September 20, the defendants filed a cross-motion for summary judgment.

On January 29, 2020, the parties filed a joint status report proposing that they withdraw their pending motions for summary judgment and that the court set a new briefing schedule to give the plaintiffs sufficient time to review any supplementation of the administrative record that may occur, as the defendants had recently completed collecting documents from the ICE field offices. The court entered an order to effectuate the parties' requests.

On February 7, Judge Boasberg issued an opinion and order denying in part the plaintiffs' motion for contempt. Judge Boasberg noted that he was denying the motion because the defendants had volunteered to implement certain remedies to ensure compliance with the preliminary injunction, but that he also found it necessary to mandate certain measures to enforce the injunction. He ordered that the staff of the Los Angeles Field Office receive training on the 2009 ICE Parole Directive (which they are supposed to be following pursuant to the injunction). He also ordered that field office officials provide short explanations when rendering parole decisions to better inform asylum seekers of their reasoning. Finally, he declined to appoint a special master, concluding that the above measures would be sufficient to ensure compliance. 2020 WL 601629.

The case is ongoing.

Summary Authors

Virginia Weeks (3/23/2018)

Virginia Weeks (10/22/2018)

Jake Parker (7/3/2018)

Sam Kulhanek (5/15/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6338360/parties/damus-v-nielsen/


Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorneys(s) for Plaintiff

Ahmed, Sameer (New York)

Anello, Farrin R (New York)

Arulanantham, Ahilan T (California)

Auerbach, Dennis B. (District of Columbia)

Bakst, Eleni Rebecca (New York)

Barocas, Edward (New Jersey)

Bookey, Blaine (California)

Cardoso-Rojo, Josie (New York)

Fakhimi, Golnaz (Pennsylvania)

Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorneys(s) for Plaintiff

Ahmed, Sameer (New York)

Anello, Farrin R (New York)

Arulanantham, Ahilan T (California)

Auerbach, Dennis B. (District of Columbia)

Bakst, Eleni Rebecca (New York)

Barocas, Edward (New Jersey)

Bookey, Blaine (California)

Cardoso-Rojo, Josie (New York)

Fakhimi, Golnaz (Pennsylvania)

Gault, Laura (District of Columbia)

Howard, Leon F. III (New Mexico)

Kang, Stephen Bonggyun (District of Columbia)

Lee, Eunice Cheryl (New York)

Levenson, Freda J. (Ohio)

Levitz, Phillip J. (District of Columbia)

LoCicero, Jeanne (New Jersey)

Love, Kristin Greer (New Mexico)

Rabinovitz, Judy (New York)

Saldivar, Edgar (Texas)

Segura, Andre (Texas)

Siegel, Andrew (District of Columbia)

Spitzer, Arthur (District of Columbia)

Steinberg, Michael J. (Michigan)

Stottlemyer, Patricia (District of Columbia)

Tan, Michael K. T. (New York)

Valdes, Abril (Michigan)

Vieux, Hardy (District of Columbia)

Walczak, Witold J. (Pennsylvania)

Attorneys(s) for Defendant

Braga, Victoria Marie (District of Columbia)

Connolly, Kathleen Ann (District of Columbia)

Fabian, Sarah B. (District of Columbia)

Halaska, Alexander James (District of Columbia)

Kelly, Genevieve M. (District of Columbia)

Documents in the Clearinghouse

Document

1:18-cv-00578

Docket [PACER]

April 24, 2020

April 24, 2020

Docket
3

1:18-cv-00578

Class Complaint for Injunctive and Declaratory Relief

March 15, 2018

March 15, 2018

Complaint
33

1:18-cv-00578

Order

July 2, 2018

July 2, 2018

Order/Opinion
34

1:18-cv-00578

Memorandum Opinion

313 F.Supp.3d 317

July 2, 2018

July 2, 2018

Order/Opinion
68

1:18-cv-00578

Memorandum Opinion

2019 WL 1003440

Feb. 28, 2019

Feb. 28, 2019

Order/Opinion
128

1:18-cv-00578

Memorandum Opinion

2020 WL 601629

Feb. 7, 2020

Feb. 7, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6338360/damus-v-nielsen/

Last updated Aug. 7, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

MOTION to Proceed Anonymously and To File Supporting Exhibits Under Seal by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(jf) (Entered: 03/19/2018)

1 Memorandum in Support

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2 Text of Proposed Order

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March 15, 2018

March 15, 2018

PACER
2

ORDER granting 1 MOTION to Proceed Anonymously and To File Supporting Exhibits Under Seal. Signed by Judge James E. Boasberg on 03/15/2018. (jf) (Entered: 03/19/2018)

March 15, 2018

March 15, 2018

RECAP
3

COMPLAINT against REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS ( Filing fee $ 400, receipt number 4616090051) filed by A.M.M., ALEXI ISMAEL MONTES CASTRO, L.I.L.M., ANSLY DAMUS, L.H.A., N.J.J.R., H.A.Y., E.E.C.S., ABELARDO ASENSIO CALLOL. (Attachments: # 1 Civil Cover Sheet)(jf) (Entered: 03/19/2018)

1 Civil Cover Sheet

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March 15, 2018

March 15, 2018

RECAP
4

NOTICE OF RELATED CASE by All Plaintiffs. Case related to :Case No. 15-cv-011. (jf) (Entered: 03/19/2018)

March 15, 2018

March 15, 2018

RECAP
5

SEALED List of Plaintiffs Names and Pseudonyms for Purposes of This Litigation filed by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R.. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration)(zjf) (Entered: 03/19/2018)

March 15, 2018

March 15, 2018

PACER
6

NOTICE of Appearance by Philip J. Levitz on behalf of All Plaintiffs (Levitz, Philip) (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

PACER
7

NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/16/2018. (Levitz, Philip) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/16/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/15/2018. (Levitz, Philip) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. REBECCA ADDUCCI served on 3/16/2018; GREG BRAWLEY served on 3/16/2018; THOMAS D. HOMAN served on 3/16/2018; WILLIAM P. JOYCE served on 3/16/2018; DAVID MARIN served on 3/16/2018; JAMES MCHENRY served on 3/16/2018; KIRSTJEN M. NIELSEN served on 3/16/2018; JOHN TSOUKARIS served on 3/16/2018 (Levitz, Philip) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
11

MOTION to Certify Class by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1 - Declaration of Ansly Damus, # 4 Exhibit 2 - Declaration of N.J.J.R., # 5 Exhibit 3 - Declaration of Abelardo Asensio Callol, # 6 Exhibit 4 - Declaration of Alexi Ismael Montes Castro, # 7 Exhibit 5 - Declaration of H.A.Y., # 8 Exhibit 6 - Declaration of A.M.M., # 9 Exhibit 7 - Declaration of L.H.A., # 10 Exhibit 8 - Declaration of E.E.C.S., # 11 Exhibit 9 - Declaration of L.I.L.M., # 12 Exhibit 10 - Declaration of Anne Daher, # 13 Exhibit 11 - Declaration of Caitlin Bellis, # 14 Exhibit 12 - Declaration of Carlos Spector, # 15 Exhibit 13 - Declaration of Elizabeth B. Ford, # 16 Exhibit 14 - Declaration of Jessica Miles, # 17 Exhibit 15 - Declaration of Joan Del Valle, # 18 Exhibit 16 - Declaration of Elizabeth Knowles, # 19 Exhibit 17 - Declaration of Rosina C. Stambaugh, # 20 Exhibit 18 - Declaration of Bradley Maze, # 21 Exhibit 19 - Declaration of Lauren Major, # 22 Exhibit 20 - Declaration of Philip J. Levitz, # 23 Exhibit 21 - Declaration of Michael K.T. Tan)(Levitz, Philip) (Entered: 03/20/2018)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Exhibit 1 - Declaration of Ansly Damus

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4 Exhibit 2 - Declaration of N.J.J.R.

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5 Exhibit 3 - Declaration of Abelardo Asensio Callol

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6 Exhibit 4 - Declaration of Alexi Ismael Montes Castro

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7 Exhibit 5 - Declaration of H.A.Y.

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8 Exhibit 6 - Declaration of A.M.M.

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9 Exhibit 7 - Declaration of L.H.A.

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10 Exhibit 8 - Declaration of E.E.C.S.

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11 Exhibit 9 - Declaration of L.I.L.M.

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12 Exhibit 10 - Declaration of Anne Daher

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13 Exhibit 11 - Declaration of Caitlin Bellis

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14 Exhibit 12 - Declaration of Carlos Spector

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15 Exhibit 13 - Declaration of Elizabeth B. Ford

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16 Exhibit 14 - Declaration of Jessica Miles

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17 Exhibit 15 - Declaration of Joan Del Valle

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18 Exhibit 16 - Declaration of Elizabeth Knowles

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19 Exhibit 17 - Declaration of Rosina C. Stambaugh

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20 Exhibit 18 - Declaration of Bradley Maze

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21 Exhibit 19 - Declaration of Lauren Major

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22 Exhibit 20 - Declaration of Philip J. Levitz

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23 Exhibit 21 - Declaration of Michael K.T. Tan

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March 20, 2018

March 20, 2018

PACER
12

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Judy Rabinovitz, :Firm- ACLU Foundation, Immigrants' Rights Project, :Address- 125 Broad Street, 18th Floor, New York, NY 10004. Phone No. - 212-549-2618. Fax No. - 212-549-2654 Filing fee $ 100, receipt number 0090-5382701. Fee Status: Fee Paid. by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Levitz, Philip) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael K.T. Tan, :Firm- ACLU Foundation, Immigrants' Rights Project, :Address- 125 Broad Street, 18th Floor, New York, NY 10004. Phone No. - 212-549-2660. Fax No. - 212-549-2654 Filing fee $ 100, receipt number 0090-5382706. Fee Status: Fee Paid. by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Levitz, Philip) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephen Kang, :Firm- ACLU Foundation, Immigrants' Rights Project, :Address- 39 Drumm Street, San Francisco, CA 94111. Phone No. - 415-343-0783. Fax No. - 415-395-0950 Filing fee $ 100, receipt number 0090-5382708. Fee Status: Fee Paid. by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Levitz, Philip) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
15

NOTICE of Appearance by Sarah B. Fabian on behalf of All Defendants (Fabian, Sarah) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER

MINUTE ORDER GRANTING 12 Motion for Admission Pro Hac Vice of Judy Rabinovitz. So ORDERED by Judge James E. Boasberg on 3/22/2018. (lcjeb2)

March 22, 2018

March 22, 2018

PACER

MINUTE ORDER GRANTING 13 Motion for Admission Pro Hac Vice of Michael King Thomas Tan. So ORDERED by Judge James E. Boasberg on 3/22/2018. (lcjeb2)

March 22, 2018

March 22, 2018

PACER

MINUTE ORDER GRANTING 14 Motion for Admission Pro Hac Vice of Stephen Bonggyun Kang. So ORDERED by Judge James E. Boasberg on 3/22/2018. (lcjeb2)

March 22, 2018

March 22, 2018

PACER

Order on Motion for Leave to Appear Pro Hac Vice

March 22, 2018

March 22, 2018

PACER

MINUTE ORDER: The Court ORDERS that the parties shall jointly call the Court at 202-354-3300 on April 3, 2018, at 11:00 a.m. to discuss scheduling. So ORDERED by Judge James E. Boasberg on 3/23/2018. (lcjeb2)

March 23, 2018

March 23, 2018

PACER

Order

March 23, 2018

March 23, 2018

PACER

Set/Reset Hearings: Telephone Conference set for 4/3/2018 at 11:00 AM in Chambers before Judge James E. Boasberg. (nbn)

March 23, 2018

March 23, 2018

PACER

Set/Reset Hearings

March 23, 2018

March 23, 2018

PACER
16

NOTICE of Appearance by Alexander James Halaska on behalf of All Defendants (Halaska, Alexander) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
17

MOTION for Preliminary Injunction by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1 - Stambaugh Declaration, # 4 Exhibit 2 - Spector Declaration, # 5 Exhibit 3 - Ford Declaration, # 6 Exhibit 4 - Miles Declaration, # 7 Exhibit 5 - Knowles Declaration, # 8 Exhibit 6 - Major Declaration, # 9 Exhibit 7 - Damus Declaration, # 10 Exhibit 8 - Daher Declaration, # 11 Exhibit 9 - Bellis Declaration, # 12 Exhibit 10 - Del Valle Declaration, # 13 Exhibit 11 - Maze Declaration, # 14 Exhibit 12 - N.J.J.R. Declaration, # 15 Exhibit 13 - Callol Declaration, # 16 Exhibit 14 - Castro Declaration, # 17 Exhibit 15 - H.A.Y. Declaration, # 18 Exhibit 16 - A.M.M. Declaration, # 19 Exhibit 17 - E.E.C.S. Declaration, # 20 Exhibit 18 - A.M.M. Supp. Declaration, # 21 Exhibit 19 - L.H.A. Declaration, # 22 Exhibit 20 - L.I.L.M. Declaration, # 23 Exhibit 21 - Keller Declaration, # 24 Exhibit 22 - Hiskey Declaration)(Levitz, Philip) (Entered: 03/30/2018)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Exhibit 1 - Stambaugh Declaration

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4 Exhibit 2 - Spector Declaration

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5 Exhibit 3 - Ford Declaration

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6 Exhibit 4 - Miles Declaration

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7 Exhibit 5 - Knowles Declaration

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8 Exhibit 6 - Major Declaration

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9 Exhibit 7 - Damus Declaration

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10 Exhibit 8 - Daher Declaration

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11 Exhibit 9 - Bellis Declaration

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12 Exhibit 10 - Del Valle Declaration

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13 Exhibit 11 - Maze Declaration

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14 Exhibit 12 - N.J.J.R. Declaration

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15 Exhibit 13 - Callol Declaration

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16 Exhibit 14 - Castro Declaration

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17 Exhibit 15 - H.A.Y. Declaration

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18 Exhibit 16 - A.M.M. Declaration

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19 Exhibit 17 - E.E.C.S. Declaration

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20 Exhibit 18 - A.M.M. Supp. Declaration

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21 Exhibit 19 - L.H.A. Declaration

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22 Exhibit 20 - L.I.L.M. Declaration

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23 Exhibit 21 - Keller Declaration

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24 Exhibit 22 - Hiskey Declaration

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March 30, 2018

March 30, 2018

RECAP
18

NOTICE of Appearance by Genevieve McCarthy Kelly on behalf of All Defendants (Kelly, Genevieve) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

PACER
19

STIPULATION regarding briefing schedule by REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS. (Kelly, Genevieve) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

PACER

MINUTE ORDER: As discussed in today's conference call, the Court ORDERS that, as generally stipulated 19 by the parties: 1) Defendants shall file a combined motion to dismiss and opposition to Plaintiffs' PI motion by April 20, 2018; 2) Plaintiffs shall file a combined opposition to Defendants' motion to dismiss and reply in support of their PI motion by May 3, 2018; 3) Defendants shall file a reply in support of their motion to dismiss by May 9, 2018; 4) The parties shall appear for a hearing on the motions on May 17, 2018, at 11:00 a.m.; and 5) Briefing on the motion for class certification shall be held in abeyance until further Order of the Court. So ORDERED by Judge James E. Boasberg on 4/3/2018. (lcjeb2)

April 3, 2018

April 3, 2018

PACER

Order

April 3, 2018

April 3, 2018

PACER

Set/Reset Deadlines/Hearings: Defendants shall file a combined motion to dismiss and opposition to Plaintiffs' PI motion by April 20, 2018. Plaintiffs shall file a combined opposition to Defendants' motion to dismiss and reply in support of their PI motion by May 3, 2018. Defendants shall file a reply in support of their motion to dismiss by May 9, 2018. Motion Hearing set for 5/17/2018 at 11:00 AM in Courtroom 25 before Judge James E. Boasberg. (znbn)

April 3, 2018

April 3, 2018

PACER

Set/Reset Deadlines/Hearings

April 3, 2018

April 3, 2018

PACER
20

ENTERED IN ERROR. . . . . MOTION to Dismiss and Opposition to Request for Preliminary Injunction by REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS (Attachments: # 1 Exhibit Ex. A Parole Directive, # 2 Exhibit Ex. B Kelly Memorandum, # 3 Exhibit Ex. C Declaration, # 4 Exhibit Ex. D Declaration, # 5 Exhibit Ex. E Declaration, # 6 Exhibit Ex. F Declaration, # 7 Exhibit Ex. G Declaration)(Kelly, Genevieve) Modified on 4/23/2018 (td). (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

RECAP

NOTICE OF ERROR re 20 Motion to Dismiss; emailed to genevieve.m.kelly@usdoj.gov, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. The main document should be the Motion to dismiss and not the Memorandum in support. Please docket all part of your documents 1. Motion and 2. Opposition. (ztd, )

April 23, 2018

April 23, 2018

PACER

Notice of QC

April 23, 2018

April 23, 2018

PACER
21

NOTICE of Sealing of Exhibits by REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS (Kelly, Genevieve) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
22

MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction by REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS (Attachments: # 1 Exhibit Ex. A - Directive, # 2 Exhibit Ex. B - Memorandum, # 3 Exhibit Ex. C - Declaration, # 4 Exhibit Ex. D - Declaration, # 5 Exhibit Ex. E - Declaration, # 6 Exhibit Ex F - Declaration, # 7 Exhibit Ex. G - Declaration, # 8 Text of Proposed Order Proposed Order)(Kelly, Genevieve) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
23

RESPONSE re 17 MOTION for Preliminary Injunction filed by REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS. (Attachments: # 1 Exhibit Ex. A Directive, # 2 Exhibit Ex. B Memorandum, # 3 Exhibit Ex. C Declaration, # 4 Exhibit Ex. D Declaration, # 5 Exhibit Ex. E Declaration, # 6 Exhibit Ex. F Declaration, # 7 Exhibit Ex. G Declaration, # 8 Text of Proposed Order Proposed Order)(Kelly, Genevieve) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

RECAP
24

REPLY to opposition to motion re 17 MOTION for Preliminary Injunction filed by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R.. (Attachments: # 1 Exhibit 23 - Behr Decl., # 2 Exhibit 24 - Suppl. Bellis Decl., # 3 Exhibit 25 - Suppl. Stambaugh Decl., # 4 Exhibit 26 - Suppl. Spector Decl., # 5 Exhibit 27 - Levitz Decl., # 6 Exhibit 28 - Suppl. Ford Decl., # 7 Exhibit 29 - Guinan Decl., # 8 Exhibit 30 - Suppl. L.I.L.M. Decl., # 9 Exhibit 31 - Suppl. E.E.C.S. Decl.)(Levitz, Philip) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

PACER
25

Memorandum in opposition to re 22 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R.. (Attachments: # 1 Exhibit 23 - Behr Decl., # 2 Exhibit 24 - Suppl. Bellis Decl., # 3 Exhibit 25 - Suppl. Stambaugh Decl., # 4 Exhibit 26 - Suppl. Spector Decl., # 5 Exhibit 27 - Levitz Decl., # 6 Exhibit 28 - Suppl. Ford Decl., # 7 Exhibit 29 - Guinan Decl., # 8 Exhibit 30 - Suppl. L.I.L.M. Decl., # 9 Exhibit 31 - Suppl. E.E.C.S. Decl.)(Levitz, Philip) (Entered: 05/03/2018)

1 Exhibit 23 - Behr Decl.

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2 Exhibit 24 - Suppl. Bellis Decl.

View on PACER

3 Exhibit 25 - Suppl. Stambaugh Decl.

View on PACER

4 Exhibit 26 - Suppl. Spector Decl.

View on PACER

5 Exhibit 27 - Levitz Decl.

View on PACER

6 Exhibit 28 - Suppl. Ford Decl.

View on PACER

7 Exhibit 29 - Guinan Decl.

View on PACER

8 Exhibit 30 - Suppl. L.I.L.M. Decl.

View on PACER

9 Exhibit 31 - Suppl. E.E.C.S. Decl.

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May 3, 2018

May 3, 2018

RECAP
26

REPLY to opposition to motion re 22 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS. (Kelly, Genevieve) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
27

NOTICE OF SUPPLEMENTAL AUTHORITY by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R. (Attachments: # 1 Exhibit A - Hearing Transcript)(Levitz, Philip) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER

Minute Entry for proceedings held before Judge James E. Boasberg: Motion Hearing held on 5/17/2018 re 17 MOTION for Preliminary Injunction filed by E.E.C.S., L.I.L.M., H.A.Y., ANSLY DAMUS, L.H.A., A.M.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R., ABELARDO ASENSIO CALLOL. Oral arguments heard, and motion taken under advisement. (Court Reporter Crystal Pilgrim) (nbn)

May 17, 2018

May 17, 2018

PACER

Motion Hearing

May 17, 2018

May 17, 2018

PACER
28

SUPPLEMENTAL MEMORANDUM to the Court filed by REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS. (Kelly, Genevieve) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

RECAP
29

SUPPLEMENTAL MEMORANDUM to the Court filed by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R.. (Levitz, Philip) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
30

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Eunice Lee, :Firm- UC Hastings Center for Gender and Refugee Studies, :Address- 200 McAllister Street, San Francisco, CA 94102. Phone No. - 415-565-4877. Fax No. - 415-581-8824 Filing fee $ 100, receipt number 0090-5499872. Fee Status: Fee Paid. by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Levitz, Philip) (Entered: 05/24/2018)

1 Declaration

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2 Text of Proposed Order

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May 24, 2018

May 24, 2018

PACER

MINUTE ORDER: The Court ORDERS that a conference call is set for Tuesday, May 29, 2018, at 1:00 p.m. The parties shall jointly call Chambers at 202-354-3300 at this time. So ORDERED by Judge James E. Boasberg on 5/25/2018. (lcjeb2)

May 25, 2018

May 25, 2018

PACER

Order

May 25, 2018

May 25, 2018

PACER

Set/Reset Hearings: Telephone Conference set for 5/29/2018 at 01:00 PM in Chambers before Judge James E. Boasberg. (znbn)

May 25, 2018

May 25, 2018

PACER

Set/Reset Hearings

May 25, 2018

May 25, 2018

PACER

MINUTE ORDER: As discussed in today's conference call, the Court ORDERS that Defendants shall file any opposition to Plaintiffs' 11 Class Certification Motion by June 8, 2018, and Plaintiffs shall file any reply by June 15, 2018. Signed by Judge James E. Boasberg on 5/29/2018. (lcjeb2)

May 29, 2018

May 29, 2018

PACER

Order

May 29, 2018

May 29, 2018

PACER

MINUTE ORDER GRANTING 30 Motion for Admission Pro Hac Vice of Eunice Lee. So ORDERED by Judge James E. Boasberg on 5/29/2018. (lcjeb2)

May 29, 2018

May 29, 2018

PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 29, 2018

May 29, 2018

PACER

Set/Reset Deadlines: Responses due by 6/8/2018. Replies due by 6/15/2018. (znbn)

May 29, 2018

May 29, 2018

PACER

Set/Reset Deadlines

May 29, 2018

May 29, 2018

PACER
31

Memorandum in opposition to re 11 MOTION to Certify Class filed by REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS. (Attachments: # 1 Declaration of David Jennings, # 2 Exhibit Excerpt of May 17 Hearing Transcript)(Halaska, Alexander) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
32

REPLY to opposition to motion re 11 MOTION to Certify Class filed by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R.. (Attachments: # 1 Exhibit A - Excerpt of May 17 Hearing Transcript)(Levitz, Philip) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
33

ORDER GRANTING 17 Motion for Preliminary Injunction and GRANTING 11 Motion for Class Certification on provisional basis for the purposes of preliminary injunction. Signed by Judge James E. Boasberg on 7/2/2018. (lcjeb2) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

RECAP

Order

July 2, 2018

July 2, 2018

PACER
34

MEMORANDUM OPINION re 33 Order on Motion for Preliminary Injunction and Motion for Class Certification. Signed by Judge James E. Boasberg on 7/2/2018. (lcjeb2) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

RECAP

MINUTE ORDER: The parties shall appear for a status conference to discuss further proceedings in the case on 7/10/2018 at 11:30 AM in Courtroom 25 before Judge James E. Boasberg. So ORDERED by Judge James E. Boasberg on 7/10/18.(nbn)

July 2, 2018

July 2, 2018

PACER
35

TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 05/17/18; Page Numbers: 1-33. Date of Issuance:07/05/18. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced ab ove. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/26/2018. Redacted Transcript Deadline set for 8/5/2018. Release of Transcript Restriction set for 10/3/2018.(Pilgrim, Crystal) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER

MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that: 1) Defendants' Motion to Dismiss shall be held in abeyance; and 2) The parties shall submit a joint status report by July 17, 2018. So ORDERED by Judge James E. Boasberg on 7/10/2018. (lcjeb2)

July 10, 2018

July 10, 2018

PACER

Order

July 10, 2018

July 10, 2018

PACER

Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 7/10/2018. Joint Status Report due by 7/17/2018. (Court Reporter Crystal Pilgrim) (nbn)

July 10, 2018

July 10, 2018

PACER

Status Conference

July 10, 2018

July 10, 2018

PACER
36

Joint STATUS REPORT by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R.. (Levitz, Philip) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

RECAP

MINUTE ORDER: Per the parties' 36 Joint Status Report, the Court ORDERS that a conference call is hereby set for Tuesday, July 24, 2018, at 11:00 a.m. to discuss outstanding issues in the case. The Court ORDERS that the parties shall jointly call Chambers at 202-354-3300 at this time (in Chambers). So ORDERED by Judge James E. Boasberg on 7/18/2016. (lcjeb2)

July 18, 2018

July 18, 2018

PACER

Order

July 18, 2018

July 18, 2018

PACER

Set/Reset Hearings: Telephone Conference set for 7/24/2018 at 11:00 AM in Chambers before Judge James E. Boasberg. (znbn)

July 18, 2018

July 18, 2018

PACER

Set/Reset Hearings

July 18, 2018

July 18, 2018

PACER

MINUTE ORDER: As discussed in today's conference call from chambers, the Court ORDERS that: 1) By July 29, 2018, the agreed-upon notice to class members shall be posted in all detention centers subject to the Court's injunction; 2) Such notice shall also be included in all parole advisals to class members; 3) Unless the directive notice to affected ICE field offices was sent from counsel, that notice shall be produced to Plaintiffs by July 27, 2018; 4) By that same date, Defendants shall inform Plaintiffs of the officials to whom that directive notice was sent; 5) By August 1, 2018, Defendants shall provide Plaintiffs a preliminary list of all class members and where they are detained, and Defendants shall thereafter supplement that list as they learn of other class members; 6) Parole advisals to all class members shall be completed by August 14, 2018, and shall proceed on a staggered basis with approximately the first third being sent by July 31, 2018, a second third by August 7, 2018, and the final third by August 14, 2018, absent compelling reason; 7) Interviews shall occur within 7 days of the advisals unless the class member seeks more time or an exception in the Parole Directive applies; 8) Determinations shall be made within 7 days after interviews unless an exception in the Parole Directive applies; 9) Defendants shall submit a report to the Court by August 24, 2018, covering the information contained in the bullet points on page 3 of the 36 Joint Status Report; and 10) The parties shall appear for a status conference on August 28, 2018, at 11:00 a.m. So ORDERED by Judge James E. Boasberg on 7/24/2018. (lcjeb2)

July 24, 2018

July 24, 2018

PACER

Order

July 24, 2018

July 24, 2018

PACER

Set/Reset Deadlines/Hearings: Status Report due by 8/24/2018 Status Conference set for 8/28/2018 at 11:00 AM in Courtroom 25 before Judge James E. Boasberg. (znbn)

July 24, 2018

July 24, 2018

PACER

Set/Reset Deadlines/Hearings

July 24, 2018

July 24, 2018

PACER
37

NOTICE of Appearance by Hardy Vieux on behalf of All Plaintiffs (Vieux, Hardy) (Entered: 07/25/2018)

July 25, 2018

July 25, 2018

PACER
38

STIPULATION for Protective Order by REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS. (Kelly, Genevieve) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
39

ORDER issuing Stipulation and Protective Order. Signed by Judge James E. Boasberg on 8/2/2018. (lcjeb2) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

RECAP
40

SEALED DOCUMENT filed by REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1 - Detroit Provisional Class List, # 2 Exhibit 2 - El Paso Provisional Class List, # 3 Exhibit 3 - Los Angeles Provisional Class List, # 4 Exhibit 4 - Newark Provisional Class List, # 5 Exhibit 5 - Philadelphia Provisional Class List)(Halaska, Alexander) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER

MINUTE ORDER: As discussed in today's status conference, the Court ORDERS that: 1) Until further Order of the Court, Defendants shall provide by the 24th of each month an updated spreadsheet regarding parole determinations through the 17th of that month; and 2) Plaintiffs may file any motion for discovery by September 7, 2018, with the Government's opposition due September 21, 2018, and Plaintiffs' reply due September 28, 2018. So ORDERED by Judge James E. Boasberg on 08/28/2018. (lcjeb2)

Aug. 28, 2018

Aug. 28, 2018

PACER

Order

Aug. 28, 2018

Aug. 28, 2018

PACER

Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 8/28/2018. Plaintiffs may file any motion for discovery by September 7, 2018, with the Government's opposition due September 21, 2018, and Plaintiffs' reply due September 28, 2018. (Court Reporter Lisa Griffith) (znbn)

Aug. 28, 2018

Aug. 28, 2018

PACER

Status Conference

Aug. 28, 2018

Aug. 28, 2018

PACER
41

MOTION for Discovery Regarding Compliance with the Preliminary Injunction, or, Alternatively, MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1 - Ford Decl., # 3 Exhibit 2 - Suppl. Spector Decl., # 4 Exhibit 3 - Hercules-Paez Decl., # 5 Exhibit 4 - Reyneri Decl., # 6 Exhibit 5 - Elder Decl., # 7 Exhibit 6 - Alonso Decl., # 8 Exhibit 7 - Gian-Grasso Decl., # 9 Exhibit 8 - Guzman Orellana Decl., # 10 Exhibit 9 - Casado Milanes Decl., # 11 Exhibit 10 - Corchado Decl., # 12 Exhibit 11 - Levitz Decl.)(Levitz, Philip) (Entered: 09/07/2018)

1 Text of Proposed Order

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2 Exhibit 1 - Ford Decl.

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3 Exhibit 2 - Suppl. Spector Decl.

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4 Exhibit 3 - Hercules-Paez Decl.

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5 Exhibit 4 - Reyneri Decl.

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6 Exhibit 5 - Elder Decl.

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7 Exhibit 6 - Alonso Decl.

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8 Exhibit 7 - Gian-Grasso Decl.

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9 Exhibit 8 - Guzman Orellana Decl.

View on PACER

10 Exhibit 9 - Casado Milanes Decl.

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11 Exhibit 10 - Corchado Decl.

View on PACER

12 Exhibit 11 - Levitz Decl.

View on RECAP

Sept. 7, 2018

Sept. 7, 2018

RECAP
42

Unopposed MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Discovery Regarding Compliance with the Preliminary Injunction, or, Alternatively MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt by REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS (Attachments: # 1 Declaration of Alexander J. Halaska, # 2 Text of Proposed Order)(Halaska, Alexander) (Entered: 09/11/2018)

1 Declaration of Alexander J. Halaska

View on PACER

2 Text of Proposed Order

View on PACER

Sept. 11, 2018

Sept. 11, 2018

RECAP

Order on Motion for Extension of Time to File Response/Reply

Sept. 11, 2018

Sept. 11, 2018

PACER

MINUTE ORDER GRANTING 42 Motion for Extension of Time to File Response/Reply. The Court ORDERS that Defendants shall file their Opposition to Plaintiffs' 41 Motion on or before September 25, 2018, and Plaintiffs shall file their Reply on or before October 4, 2018. So ORDERED by Judge James E. Boasberg on 9/11/2018. (lcjeb2)

Sept. 11, 2018

Sept. 11, 2018

PACER

Set/Reset Deadlines

Sept. 11, 2018

Sept. 11, 2018

PACER

Set/Reset Deadlines: Responses due by 9/25/2018. Replies due by 10/4/2018. (znbn)

Sept. 11, 2018

Sept. 11, 2018

PACER
43

NOTICE of Appearance by Eunice Lee on behalf of All Plaintiffs (Lee, Eunice) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
44

ENTERED IN ERROR.....SEALED DOCUMENT filed by REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1 - Detroit Provisional Class List, # 2 Exhibit 2 - El Paso Provisional Class List, # 3 Exhibit 3 - Los Angeles Provisional Class List, # 4 Exhibit 4 - Newark Provisional Class List, # 5 Exhibit 5 - Philadelphia Provisional Class List)(Halaska, Alexander); Modified on 9/26/2018 (tth). (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER
45

Memorandum in opposition to re 41 MOTION for Discovery Regarding Compliance with the Preliminary Injunction, or, Alternatively MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt filed by REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS. (Halaska, Alexander) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

RECAP
46

MOTION for Limited Discovery by REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS. (See Docket Entry 45 to view document) (tth) (Entered: 09/26/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 44 Sealed Document, was entered in error and counsel was instructed to refile said pleading as a Report. (ztth)

Sept. 26, 2018

Sept. 26, 2018

PACER

Notice of Corrected Docket Entry

Sept. 26, 2018

Sept. 26, 2018

PACER
47

SEALED DOCUMENT filed by REBECCA ADDUCCI, GREG BRAWLEY, THOMAS D. HOMAN, WILLIAM P. JOYCE, DAVID MARIN, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON B. SESSIONS, JOHN TSOUKARIS re Notice of Corrected Docket Entry, 44 Sealed Document,, (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1 - Detroit Provisional Class List, # 2 Exhibit 2 - El Paso Provisional Class List, # 3 Exhibit 3 - Los Angeles Provisional Class List, # 4 Exhibit 4 - Newark Provisional Class List, # 5 Exhibit 5 - Philadelphia Provisional Class List)(Halaska, Alexander) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
48

REPLY to opposition to motion re 41 MOTION for Discovery Regarding Compliance with the Preliminary Injunction, or, Alternatively MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt filed by A.M.M., ABELARDO ASENSIO CALLOL, ANSLY DAMUS, E.E.C.S., H.A.Y., L.H.A., L.I.L.M., ALEXI ISMAEL MONTES CASTRO, N.J.J.R.. (Levitz, Philip) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

RECAP
49

TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 8-28-18; Page Numbers: 1-26. Date of Issuance:10-5-18. Court Reporter/Transcriber Lisa Griffith, Telephone number (202) 354-3247, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/26/2018. Redacted Transcript Deadline set for 11/5/2018. Release of Transcript Restriction set for 1/3/2019.(Griffith, Lisa) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

PACER
50

TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 07/10/18; Page Numbers: 1-11. Date of Issuance:10/22/18. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced ab ove. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/12/2018. Redacted Transcript Deadline set for 11/22/2018. Release of Transcript Restriction set for 1/20/2019.(Pilgrim, Crystal) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: March 15, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All arriving asylum seekers who are found to have a credible fear of persecution or torture and who are or will be detained by U.S. Immigration and Customs Enforcement after having been denied parole under the authority of ICE’s Detroit, El Paso, Los Angeles, Newark, or Philadelphia Field Office.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

ACLU National (all projects)

ACLU National Prison Project

Human Rights First

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2018 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Over/Unlawful Detention

Placement in detention facilities

Discrimination-basis:

Immigration status

Type of Facility:

Government-run

Immigration/Border:

Asylum - criteria

Asylum - procedure

Constitutional rights

Detention - criteria

Detention - procedures