Case: Ms. L. v. U.S. Immigration and Customs Enforcement

3:18-cv-00428 | U.S. District Court for the Southern District of California

Filed Date: Feb. 26, 2018

Case Ongoing

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Case Summary

On February 26, 2018, an asylum seeker from the Democratic Republic of Congo (Ms. L.) filed this lawsuit and a writ for habeas corpus in the U.S. District Court for the Southern District of California. 2018 WL 1310160. The plaintiff sued the U.S. Immigration and Customs Enforcement (ICE) and its parent agency, the U.S. Department of Homeland Security (DHS), and several other government entities all under 42 U.S.C. § 1983, federal asylum statutes, and the Administrative Procedure Act (APA). Repr…

On February 26, 2018, an asylum seeker from the Democratic Republic of Congo (Ms. L.) filed this lawsuit and a writ for habeas corpus in the U.S. District Court for the Southern District of California. 2018 WL 1310160. The plaintiff sued the U.S. Immigration and Customs Enforcement (ICE) and its parent agency, the U.S. Department of Homeland Security (DHS), and several other government entities all under 42 U.S.C. § 1983, federal asylum statutes, and the Administrative Procedure Act (APA). Represented by the ACLU Immigrants’ Rights Project, the plaintiff sought declaratory and injunctive relief as well as attorneys’ fees and costs. The case was assigned to Judge Dana M. Sabraw.

This immigration case involved the United States government’s forcible separation of over 2,000 asylum-seeking families who arrived at the southern border without documentation. The plaintiff and her seven-year-old daughter were victims of this policy. Since their arrival on November 1, the plaintiff and her daughter had been detained. For the first 4 days upon arriving, they were detained together until the plaintiff was then sent to the Otay Mesa Detention Center in the San Diego area where she remained for nearly four months without her daughter.

Ms. L. asserted violations of the Due Process Clause of the Fifth Amendment, the federal asylum statute at 8 U.S.C. § 1158 which provides that all non-citizens with a well-founded fear of persecution shall have the opportunity to seek asylum, and APA violations for arbitrary and capricious ICE practices and failure by ICE to consider paroling detained asylum seekers as per its own parole directive.

When the officers separated them, the plaintiff could hear her daughter in the next room frantically screaming that she wanted to remain with her mother. No one explained to the plaintiff why they were taking her daughter away from her or where her daughter was going or even when she would next see her daughter. The plaintiff claimed that by forcibly taking a 7-year-old child from her mother, without justification or even a hearing, the defendants were in violation of the due process clause of the Fifth Amendment.

On March 2, 2018, the plaintiff filed a motion for preliminary injunction and a motion to expedite resolution of said motion. The plaintiff asked the court to enjoin the defendants from continuing to separate her from her daughter and argued that expedition was necessary to remedy the devastating harms that this separation was inflicting with each passing day. In support of this argument, the plaintiff offered testimony from nine medical experts who asserted that the trauma of forced separation from a parent imposes severe and long-lasting psychological and emotional damage on young children, especially children who are incarcerated and have already suffered the trauma of fleeing their home country.

For reasons not apparent from the docket, on March 8, 2018, Judge Sabraw granted in part and denied in part the plaintiff’s motion to expedite. She also required the plaintiff to provide a DNA sample to verify her maternity to her daughter. When the results of the DNA test came back on March 12, 2018, they showed a 99.99999% probability of maternity.

On March 9, 2018, the plaintiff filed an amended complaint to modify this lawsuit into a class action and adding a new named plaintiff, Ms. C. 2018 WL 3155677. That same day, the plaintiffs moved for class certification, asking that the court certify a class defined as “[a]ll adult parents nationwide who (1) are or will be detained in immigration custody by the Department of Homeland Security, and (2) have a minor child who is or will be separated from them by DHS and detained in ORR custody, absent a demonstration in a hearing that the parent is unfit or presents a danger to the child.”

On March 19, 2018, the plaintiffs moved for preliminary injunction for classwide relief that would order the defendants to reunite the class members with their children and to discontinue their family separation practice. Given this motion, the court denied as moot the plaintiffs' motion for individual preliminary relief.

On April 6, 2018, the defendants moved to dismiss the amended complaint. First, they argued that the original plaintiffs' claims were moot because she has been released from ICE detention and reunited with her daughter. Second, the defendants asserted that the court lacked jurisdiction over Ms. C.’s habeas claim and that venue was improper for Ms. C.’s other claims. Third, the defendants claimed the court lacked jurisdiction to review ICE’s decision to detain rather than parole the plaintiffs, and also lacked jurisdiction to review ICE’s decision about where to detain the plaintiffs or to order ICE to detain them in a particular facility. Fourth, they contended that separation of the plaintiffs from their children did not violate the Fifth Amendment. Fifth, the defendants argued that the plaintiffs had failed to state a claim under both the APA and the Asylum Act.

Partially agreeing with the defendants, Judge Sabraw granted in part and denied in part the defendants’ motion to dismiss on June 6, 2018. 302 F.Supp.3d 1149. Specifically, the court dismissed the plaintiffs’ claims under the APA and relating to the federal asylum statute but retained the plaintiffs’ due process claim.

The administration's practice of separating families at the border was formally abandoned on June 20, 2018, through Executive Order No. 13841. The Executive Order reestablished a policy to maintain family unity and directed that "alien families be detained together 'during the pendency of any criminal improper entry or immigration proceedings involving their members.'" The Executive Order did not provide any guidance on the reunification of families or future family separations.

On June 26, 2018, the court granted the plaintiffs’ motion for class certification, finding that the class was sufficiently numerous, that there were common questions of law among the class, that the plaintiffs are typical of the class as a whole, and that the plaintiffs would represent the class adequately. 331 F.R.D. 529.

On that same day, Judge Sabraw granted the plaintiffs’ motion for classwide preliminary injunction, requiring much from the government to remedy the harm. 310 F.Supp.3d 1133. Specifically, the court enjoined the defendants, and their officers, agents, servants, employees, attorneys, and all those who are in active concert or participation with them, from detaining class members in DHS custody without and apart from their minor children, absent a determination that the parent is unfit or presents a danger to the child, unless the parent affirmatively, knowingly, and voluntarily declines to be reunited with the child in DHS custody. Second, if the defendants chose to release class members from DHS custody, the defendants, were preliminarily enjoined from continuing to detain the minor children of the class members and had to release the minor children to the custody of their respective class members. Third, the court required that the defendants must reunify all class members with their minor children who were under the age of five within fourteen days of the entry of this order and that the defendants must reunify all class members with their minor children that were age five and over within thirty days of the entry of this order. Fourth, the defendants were required to immediately take all steps necessary to facilitate regular communication between class members and their children who remained in DHS custody. Fifth, the defendants were required to immediately take all steps necessary to facilitate regular communication between and among all executive agencies responsible for the custody, detention or shelter of class members and the custody and care of their children. Sixth, the defendants were preliminarily enjoined from removing any class members without their child, unless the class member affirmatively, knowingly, and voluntarily declined to be reunited with the child prior to the class member’s deportation, or there was a determination that the parent is unfit or presents a danger to the child. Finally, the court retained jurisdiction to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this order and preliminary injunction. 310 F.Supp.3d 1133.

On July 3, 2018, the plaintiffs filed a second amended complaint claiming that the government had separated thousands of migrant families over the past year without a legitimate purpose. 2018 WL 3575383. It forwarded the idea that the government's true purpose in separating these families was to deter future families from seeking refuge (i.e., asylum) in the United States. It referenced Attorney General Jeff Session's May 2018 announcement announced “a new initiative” to refer “100 percent” of immigrants who cross the Southwest border for criminal immigration prosecutions, also known as the “zero-tolerance policy," by which all parents who are prosecuted would be separated from their children. The complaint asserted that the true purpose of this new policy was to separate families in the hope that it would deter other families from seeking refuge in the United States. It also referenced President Trump's Executive Order (EO) of June 20, 2018, which purported to end the practice of family separation but allowed DHS to separate families for "the child's welfare" without setting forth how that standard would be applied. The complaint highlighted that this EO made no provision for reunifying families separated prior to its issuance or for returning children to parents who had already been deported.

The plaintiffs moved for a stay of removal and a temporary restraining order (TRO) on July 16, 2018. 2018 WL 3575386. The plaintiffs requested that the court order the government not to remove parents until one week after they have been reunited with their children given rumors that the government was planning mass deportations to be carried out imminently and immediately upon reunification. The plaintiffs claimed that class members were at imminent risk of deportation without being advised of their rights under the injunction or the effect of waiving their children's rights against prolonged detention under the Flores settlement.

That same day, constitutional law scholars including Dean Erwin Chemerinsky of Berkeley Law filed an amicus brief in support of the plaintiffs' arguments regarding the district court's authority to grant the TRO. The scholars asserted that the Suspension Clause of the U.S. Constitution forbids the government from delaying reunification of class members and their children until the eve of physical removal from the country; they said that this was because doing so would deny the plaintiffs and their families an effective means to fairly consider and present valid grounds for asylum and other relief from deportation.

In opposition to the TRO, the government argued that the district court lacked the authority from staying the deportation of class members who had final orders of expedited removal (because in the procedural posture of their individual immigration cases, many had not passed an asylum screening and so did not have the right under federal law to present their asylum claims before an immigration judge).

The parties filed a joint status report on July 19, 2018, in which the government stated that they had identified 2551 separated children from age 5 to 17 but that only 848 had been interviewed and cleared for reunification. 2018 WL 3575388. Many of these families were united but kept detained, mostly at two private family detention facilities in Texas. The plaintiffs noted that the government had failed to provide them a list of class members who had been released from ICE custody, a list of those who had been deported, as well as a list of parents with final removal orders, who needed to be counseled on their options and their children's options immediately.

The next week in July 2018, Judge Sabraw ordered the government to provide the plaintiffs with a list of all class members who had been deported and of all who had been released into the interior of the country. She also ordered the plaintiffs and the government to produce a written plan for reuniting parents who had been deported but whose children remained in the United States; she later ordered each to appoint people to implement those plans. On August 3, 2018, she ordered the government to provide information regarding class members who the defendants found ineligible for reunification with their children because of alleged criminal histories.

Judge Sabraw issued an order clarifying the scope of the injunction on August 16, 2018. She ordered that the injunctive relief did not limit DHS's authority to detain adults in its custody and that reunification did not give a parent a right to release if their detention was lawful. She ordered that if DHS was trying to reunify a detained adult in its custody with their child, the parent could either (i) waive the child's rights under the Flores settlement so that the family could be detained together in DHS custody or (ii) waive his or her right not to be separated from his or her child under this court's injunction and allow the child to be detained in the custody of the Office of Refugee Resettlement (ORR) and treated as an unaccompanied minor.

That same day, the government informed the court of a "disturbance" at the ICE family detention center in Karnes County, Texas, between adult male class members who were being held there with their children. They said that the whole group of men were separated from their children again overnight but would be returned to Karnes.

The TRO was denied as moot after Judge Sabraw granted a TRO for the plaintiffs in M.M.M et al v. Sessions (3:18-cv-01832-DMS-MDD, ECF No. 55), a family separation lawsuit filed by private counsel on August 3, 2018. The plaintiffs in M.M.M. are the children of class member parents in this case and the complaint raised issues surrounding the asylum process for families that had been separated at the border. The TRO granted for M.M.M. on August 16, 2018, stayed the deportation orders of Ms. L. class member parents pending the resolution of their children's asylum claims, in order to maintain family unity. In that order, Judge Sabraw ordered the parties in both cases to meet and confer with the government and to propose a solution.

On August 23, 2018, the parties filed a new joint status report. 2018 WL 4144367. The government reported that they had identified 2,654 separated children ages 0-5 of which 1,923 had been reunited with a separated parent and 203 had been discharged to a sponsor (i.e., another family member or adult friend of the family) or had turned 18. 528 separated children remained in ORR custody; parents of 343 children of that group had been deported. The plaintiffs had received information from the government of 412 parents who had been deported. 231 parents had been reached by the plaintiffs and NGOs but 140 had not; of that group, neither party had a phone number for 41 parents and the phone numbers of 38 parents were inoperable or ineffective. The plaintiffs noted that they were investigating reports from deported parents who appeared to have been coerced or misled by U.S. government actions that deprived them of their right to seek asylum. These incidents include parents who were told that they needed to accept removal and not pursue asylum in order to be reunited with their children, and parents who were required to sign documents they did not understand, in languages they do not speak, that had the effect of waiving their right to seek asylum.

The government appealed the court's order granting class certification to the U.S. Court of Appeals for the Ninth Circuit in August 2018 (see 18-56151). Those proceedings were stayed in November 2018 before the parties had briefed the issues.

On August 30, 2018, the parties filed another joint status report in which the plaintiffs identified discrepancies between lists it provided of parents and children. They also flagged that they had learned of separated children through legal service providers and NGOs who did not appear on government lists.

The parties continued to file approximately weekly joint reports in September and October 2018 and less frequent reports in November 2018. As of September 23, 2018, 1,977 children had been reunited with their parents. Over 100 deported parents had not been reached in spite of significant NGO support.

The plaintiffs filed a third amended complaint on October 9, 2018. It added two named plaintiffs who were separated from their children at the time of the credible fear interviews (i.e., asylum screening) and who had received a negative determination. One of the women's negative determination had been affirmed by an immigration judge such that she had exhausted all administrative remedies and could be deported at any time. This complaint also added a right to family integrity under the Due Process Clause and asserted more robust violations under the federal asylum statute.

That same day, Judge Sabraw granted the parties' motion for preliminary approval of a settlement agreement, in which she approved classes in this case and in M.M.M. for the purposes of settlement only. A key component of that agreement allowed parents to have a new credible fear screening in "good faith" to determine whether a positive determination is warranted; with a positive determination, an asylum seeker may submit an asylum application and present their claim before an immigration judge. This was important because many parents had received negative determinations due in part to the trauma they were experiencing while separated from their children.

On October 16, 2018, Judge Sabraw granted the plaintiffs' motion to require immediate implementation of the settlement agreement. This required the government to allow 60+ class members in detention who had elected to take advantage of the asylum procedures set out in the settlement agreement but who the government had refused to orient until final approval of the settlement. She noted that it was the government's statutory obligation to allow people asserting a fear of persecution access to an asylum screening.

The government informed the court on October 25, 2018 that it had released a total of 2,404 children and was working towards release of an additional 47.

Together and Free, a grassroots organization that provides assistance to separated families, filed a notice of objection on November 6, 2018 to the fairness and adequacy of the proposed settlement agreement. It noted that many families which were treated as reunified were not in fact, as many parents remained in ICE custody while their children had been released to friends or extended family members. It also highlighted that deported family members did not receive adequate relief, as the settlement only would allow a reopening of their cases and a new asylum screening in "rare and unusual" instances.

The court certified the settlement classes and granted final approval of the class action settlement on November 15, 2018, in response to the plaintiffs' motion filed the week prior. 2018 WL 7075890. Separate counsel were appointed for each of three groups: nonprofit organizations for members of the parent class who remained physically present in the United States, the ACLU for members of the parent class who had been physically removed from the United States, and private counsel for the child class. It provides that class members with expedited removal orders are entitled to a sua sponte review of their negative credible fear determinations and the opportunity to present additional evidence to an asylum officer.

On December 14, 2018, the ACLU requested that the court clarify that the scope of the Ms. L class included parents whose children were separated from them before June 26, 2018, which was the date when the court granted the preliminary injunction. The government filed their opposition to this motion on February 6, 2019 (the deadline was extended because of a government shutdown), arguing that this backward-looking definition conflicted with the forward-looking language of the settlement. 2019 WL 927180. The court granted this motion on March 8, 2019, and modified the class definition to include parents who entered on or before June 1, 2017; she noted that there was no dispute that they were subjected to the same family separation policies as the parents who indisputably fit into the scope of the class. 330 F.R.D. 284.

On February 8, 2019, the court issued an order further clarifying the settlement agreement. It states that where a child was issued a Notice to Appear (NTA) in immigration court but a parent had not because they had received a negative CFI determination, the parent's case would be reviewed again so that both parent and child were deported or both placed in immigration court proceedings.

On February 22, 2019, the court issued an order on the plaintiffs' motion to enforce the settlement agreement for class members who had not submitted executed waiver forms, after the plaintiffs filed their reply in support of this motion on February 13. 2019 WL 259140. Judge Sabraw did not outright grant the motion but ordered the government to provide plaintiffs' counsel with a list of names of people subject to removal for failure to execute these forms. She also required that the government advise ICE to not remove class members until they were advised of their rights under the settlement agreement and an opportunity to execute the relevant forms.

On April 5, 2019, the government filed a proposed plan to identify additional Ms. L. class members through statistical analysis of ORR records of 47,000 children who were released from its custody on or after June 1, 2017. From there, the government says they will manually review the case records of children who appeared to have the highest probability of having been separated, a process that they estimate will take 2 years to complete.

Following a status conference and review of the parties' status report, Judge Sabraw issued an order on April 25, 2019, approving the government's plan to identify additional class members and mandating that the plan be completed within six months. 2019 WL 1868487.

On June 6, 2019, the plaintiffs filed a motion to allow 21 parents deported without their children to travel to the U.S. to obtain an opportunity to reunite with their children. The parents are part of a group of 51 parents deported without their children that the plaintiffs identified as being deprived of an opportunity to apply for asylum, currently in danger, and possessing bonafide asylum claims. The government rejected all 51 applications without any individualized explanations. However, 30 of these parents managed to make it to the U.S.-Mexico border and all of them passed their credible fear interviews or were placed directly into immigration proceedings before an immigration judge, and were subsequently reunified with their children. The plaintiffs asserted that the remaining 21 parents are no different than those 30 and sought a remedy, appropriate under the Settlement Agreement and Ninth Circuit law, to provide a pathway to legal travel to the U.S. where they would "almost certainly" pass their credible fear interviews and reunite with their children.

On July 30, 2019, the plaintiffs filed a motion to enforce the preliminary injunction and request that the court clarify the standard for ongoing separations. The plaintiffs asserted that from June 2018 to June 2019 the defendants separated more than 900 children based on criminal history of the parents, no matter how insignificant the crime, and a unilateral determination that the parent is unfit or dangerous. The plaintiffs requested that the court set guidelines and work with the parties to create a process for resolving disputes about separations. The defendants argued that their practices were no different than the practices of other administrations and that the number of separations was a small fraction of individuals entering the border during that time, reflecting a careful exercise of discretion consistent with the court's order.

On September 4, 2019, Judge Sabraw issued an order granting in part and denying in part plaintiffs' motion to allow parents deported without their children to travel to the United States. After initially requesting relief for 21 parents, the plaintiffs reduced the request to 18 parents. The court found that 11 of the parents were entitled to the requested relief and 7 were not, as these parents failed prove that they were wrongfully removed. 403 F.Supp.3d 853.

After holding a status conference with the parties, Judge Sabraw issued an order on September 20, 2019, mandating that defendants "produce all governing documents memorializing standardized procedures, guidelines and guidance for separating parents and children at the border."

The government informed the court on October 16, 2019, that it had released 2,788 children out of 2,814 possible children of potential class members for the original class period and identified 1,290 children of potential expanded class members.

On January 13, 2020, Judge Sabraw issued an order granting in part and denying in part the plaintiffs' motion to enforce preliminary injunction. Judge Sabraw, considering the defendants' implementation of guidelines and additional practices, its authority to secure the borders, and the scope of the class and need to avoid individualized determinations, found that defendants were exercising discretion consistent with the court's orders and plaintiffs' right to family integrity. Accordingly, Judge Sabraw concluded that there was no need for the court to intervene to further enforce the preliminary injunction. However, Judge Sabraw did find that the defendants were not acting consistently with the court's order with regard to DNA testing and requested clarification regarding separations based on family residential center standards. 415 F.Supp.3d 980.

The defendants filed an unopposed motion to voluntarily dismiss the appeal in the Ninth Circuit on February 26, 2020. The appeal had been stayed since November 2018 and no briefs had been filed by either party.

As of March 4, 2020, the case is ongoing in the district court. The defendants' answer to the plaintiffs' third amended complaint is due by April 10, 2020.

Summary Authors

Jake Parker (6/28/2018)

Veronica Portillo Heap (4/7/2019)

Aaron Gurley (3/3/2020)

Related Cases

M.G.U. v. Nielsen, District of Columbia (2018)

State of Washington v. United States of America, Western District of Washington (2018)

N.T.C. v. U.S. Immigration and Customs Enforcement, Southern District of California (2018)

M.M.M. v. Sessions, Southern District of California (2018)

Dora v. Sessions, District of Columbia (2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6316323/parties/ms-l-v-us-immigration-and-customs-enforcement/


Judge(s)

Sabraw, Dana Makoto (California)

Attorneys(s) for Plaintiff

Amdur, Spencer E. W. (California)

Balakrishnan, Anand V. (New York)

Gelernt, Lee (New York)

Kang, Stephen B. (California)

Rabinovitz, Judy (New York)

Vakili, Bardis (California)

Vakili [inactive], Bardis (California)

Attorneys(s) for Defendant

Bettwy, Samuel William (California)

Fabian, Sarah B. (District of Columbia)

Judge(s)

Sabraw, Dana Makoto (California)

Attorneys(s) for Plaintiff

Amdur, Spencer E. W. (California)

Balakrishnan, Anand V. (New York)

Gelernt, Lee (New York)

Kang, Stephen B. (California)

Rabinovitz, Judy (New York)

Vakili, Bardis (California)

Vakili [inactive], Bardis (California)

Attorneys(s) for Defendant

Bettwy, Samuel William (California)

Fabian, Sarah B. (District of Columbia)

Murley, Nicole N. (District of Columbia)

Other Attorney(s)

Casamassima, Christopher T. (California)

Shipley, Michael (California)

Wynn, Summer J. (California)

Documents in the Clearinghouse

Document

3:18-cv-00428

Docket [PACER]

March 6, 2020

March 6, 2020

Docket
1

3:18-cv-00428

Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief

Feb. 26, 2018

Feb. 26, 2018

Complaint
32

3:18-cv-00428

Amended Complaint for Declaratory and Injunctive Relief with Class Action Allegations

March 9, 2018

March 9, 2018

Complaint
71

3:18-cv-00428

Order Granting in Part and Denying in Part Defendants' Motion to Dismiss

June 6, 2018

June 6, 2018

Order/Opinion
82

3:18-cv-00428

Order Granting in Part Plaintiffs' Motion for Class Certification

June 26, 2018

June 26, 2018

Order/Opinion
83

3:18-cv-00428

Order Granting Plaintiffs' Motion for Classwide Preliminary Injunction

June 26, 2018

June 26, 2018

Order/Opinion
85

3:18-cv-00428

Second Amended Complaint for Declaratory and Injunctive Relief

July 3, 2018

July 3, 2018

Complaint
111

3:18-cv-00428

Application of Scholars of Habeas Corpus and Constitutional Law to File Brief Amicus Curiae in Support of Plaintiffs'Motion for Stay of Removal and Emergency Tro Pending Ruling on the Stay Motion

July 16, 2018

July 16, 2018

Pleading / Motion / Brief
124

3:18-cv-00428

Joint Status Report

July 19, 2018

July 19, 2018

Monitor/Expert/Receiver Report
204

3:18-cv-00428

Joint Status Report

Aug. 23, 2018

Aug. 23, 2018

Monitor/Expert/Receiver Report

Resources

Title Description External URL Date / External URL

Attorney General Sessions' Delivers Remarks to the Association of State Criminal Investigative Agencies 2018 Spring Conference

Attorney General Jeff Sessions

Attorney General Jeff Session's public remarks regarding a "zero tolerance" policy to refer "100 percent of illegal Southwest Border crossings to the Department of Justice for prosecution." May 7, 2018

May 7, 2018

https://www.justice.gov/...

Ms. L v. ICE: Case Documents and Resources

March 23, 2019

March 23, 2019

https://www.aclu.org/...

Presidential Executive Order (13815) on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities

United States

Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities Oct. 24, 2017

Oct. 24, 2017

https://www.federalregister.gov/...

Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats

President Donald Trump

Sept. 24, 2017

Sept. 24, 2017

https://www.federalregister.gov/...

Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence

Donald Trump

This memorandum provides guidance for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence in light of two preliminary injunctio… June 14, 2017

June 14, 2017

https://trumpwhitehouse.archives.gov/...

Executive Order 13780: Protecting The Nation From Foreign Terrorist Entry Into The United States

President Donald Trump

In light of the Ninth Circuit's observation that the political branches are better suited to determine the appropriate scope of any suspensions than are the courts, and in order to avoid spending add… March 6, 2017

March 6, 2017

https://www.federalregister.gov/...

Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017

Feb. 20, 2017

https://www.dhs.gov/...

Executive Order 13769: Protecting the Nation from Foreign Terrorist Entry into the United States

President Donald Trump

This Executive Order restricted travel, immigration, and visas for people from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen, and put the U.S. refugee program on hold for 120 days. Jan. 27, 2017

Jan. 27, 2017

https://www.gpo.gov/...

Executive Order 13768: Enhancing Public Safety in the Interior of the United States

President Donald Trump

Jan. 25, 2017

Jan. 25, 2017

https://www.gpo.gov/...

Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security

Donald F. McGahn II, Counsel to the President

This memo states that the Executive Order on refugees etc. does not apply to Legal Permanent Residents. Feb. 1, 2017

Feb. 1, 2017

http://www.politico.com/...

Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017

Feb. 20, 2017

https://www.dhs.gov/...

Executive Order 13767: Border Security and Immigration Enforcement Improvements

President Donald Trump

Jan. 27, 2017

Jan. 27, 2017

None

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6316323/ms-l-v-us-immigration-and-customs-enforcement/

Last updated Aug. 29, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief against Greg Archambeault, Alex Azar, L. Francis Cissna, Fred Figueroa, Pete Flores, Joseph Greene, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement ( Filing fee $ 400 receipt number 0974-10950244.), filed by Ms. L. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:18-cv-428-DMS-MDD. Judge Dana M. Sabraw and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Vakili, Bardis)(tcf)(jrd) (Entered: 02/26/2018)

1 Civil Cover Sheet

View on RECAP

Feb. 26, 2018

Feb. 26, 2018

RECAP
2

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (tcf)(jrd) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

RECAP
3

MOTION to File Complaint Using Pseudonym (Vakili, Bardis). Modified on 2/28/2018 - No Proof of Service. QC Email sent to file Proof of Service (jah). Modified on 3/7/2018 - Corrected motion event (jah). (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

RECAP
4

SEALED LODGED Proposed Document re: 3 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Vakili, Bardis). (jah). (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
5

SUMMONS Returned Executed by Ms. L.. Greg Archambeault, Alex Azar, L. Francis Cissna, Fred Figueroa, Pete Flores, Joseph Greene, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement served. (Vakili, Bardis) (aef). (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

RECAP
6

CERTIFICATE OF SERVICE by Ms. L. re 3 MOTION to File Documents Under Seal, 4 Sealed Lodged Proposed Document (Vakili, Bardis) (aef). (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

RECAP
7

Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-10963954.)(Application to be reviewed by Clerk.) (Rabinovitz, Judy)(jrd) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

RECAP
8

PRO HAC APPROVED: Judy Rabinovitz appearing for Petitioner Ms. L. (no document attached) (ajs) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
9

Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Gelernt, Lee) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

RECAP
10

PRO HAC APPROVED: Lee Gelernt appearing for Petitioner Ms. L. (no document attached) (jrd) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
11

Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-10964160.)(Application to be reviewed by Clerk.) (Balakrishnan, Anand)(jrd) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
12

PRO HAC APPROVED: Anand Venkata Balakrishnan appearing for Petitioner Ms. L. (no document attached) (jrd) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
13

MOTION for Permanent Injunction by Ms. L.. (Attachments: # 1 Memo of Points and Authorities Memorandum in Support of Motion for Preliminary Injunction and Declarations)(Gelernt, Lee) (aef). (Entered: 03/02/2018)

1 Memo of Points and Authorities Memorandum in Support of Motion for Preliminary I

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March 2, 2018

March 2, 2018

RECAP
14

MOTION to Expedite Preliminary Injunction Schedule by Ms. L.. (Attachments: # 1 Memo of Points and Authorities Memorandum in Support of Motion to Expedite)(Gelernt, Lee) (aef). (Entered: 03/02/2018)

1 Memo of Points and Authorities Memorandum in Support of Motion to Expedite

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March 2, 2018

March 2, 2018

RECAP
15

MOTION to File Documents Under Seal (Gelernt, Lee). (jah). (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
16

*** DOCKETED SEALED ON 3/5/19, ECF 371 *** SEALED LODGED Proposed Document re: 15 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Gelernt, Lee). (jah). Modified on 3/5/2019 (dlg). (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
17

MOTION for Leave to File Brief by Amicus Curiae in Support of Plaintiff's Habeas Corpus Petition and Complaint for Declaratory Injunctive Relief by Children's Rights, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Linh Nguyen, # 3 Exhibit A to Declaration, # 4 Exhibit B to Declaration, # 5 Exhibit C to Declaration, # 6 Exhibit D to Declaration, # 7 Exhibit E to Declaration, # 8 Exhibit F to Declaration, # 9 Exhibit G to Declaration, # 10 Exhibit H to Declaration, # 11 Exhibit I to Declaration, # 12 Exhibit J to Declaration, # 13 Exhibit K to Declaration, # 14 Exhibit L to Declaration, # 15 Exhibit M to Declaration, # 16 Proof of Service)(Wynn, Summer)Attorney Summer J Wynn added to party Children's Rights, Inc.(pty:ip) (aef). (Entered: 03/02/2018)

1 Memo of Points and Authorities

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2 Declaration of Linh Nguyen

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3 Exhibit A to Declaration

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4 Exhibit B to Declaration

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5 Exhibit C to Declaration

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6 Exhibit D to Declaration

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7 Exhibit E to Declaration

View on PACER

8 Exhibit F to Declaration

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9 Exhibit G to Declaration

View on PACER

10 Exhibit H to Declaration

View on PACER

11 Exhibit I to Declaration

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12 Exhibit J to Declaration

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13 Exhibit K to Declaration

View on PACER

14 Exhibit L to Declaration

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15 Exhibit M to Declaration

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16 Proof of Service

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March 2, 2018

March 2, 2018

PACER
18

CERTIFICATE OF SERVICE by Ms. L. re 13 MOTION for Permanent Injunction and Memorandum in Support of Preliminary Injunction (Gelernt, Lee) (aef). (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
19

CERTIFICATE OF SERVICE by Ms. L. re 14 MOTION to Expedite Preliminary Injunction Schedule and Memorandum in Support of Motion (Gelernt, Lee) (aef). (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
20

CERTIFICATE OF SERVICE by Ms. L. re 15 MOTION to File Documents Under Seal (Gelernt, Lee) (aef). (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
21

Amended MOTION for Preliminary Injunction by Ms. L.. (Attachments: # 1 Memo of Points and Authorities Memorandum in Support of Motion for Preliminary Injunction and Corrected Exhibits)(Gelernt, Lee) (aef). (Entered: 03/03/2018)

1 Memo of Points and Authorities Memorandum in Support of Motion for Preliminary I

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March 3, 2018

March 3, 2018

RECAP
22

CERTIFICATE OF SERVICE by Ms. L. re 21 Amended MOTION for Preliminary Injunction and Memorandum in Support of Preliminary Injunction (Gelernt, Lee) (aef). (Entered: 03/03/2018)

March 3, 2018

March 3, 2018

PACER
23

Amicus Curiae Appearance entered by Michael Shipley on behalf of Michael Wishnie, et al., amici curiae. (Attachments: # 1 Memo of Points and Authorities Brief of Scholars of Immigration Law and Constitutional Law as Amici Curiae in Support of Ms. L.'s Motion for a Preliminary Injunction, # 2 Proof of Service)(Shipley, Michael) (aef). (Entered: 03/04/2018)

1 Memo of Points and Authorities Brief of Scholars of Immigration Law and Constitu

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2 Proof of Service

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March 4, 2018

March 4, 2018

PACER
24

NOTICE of Withdrawal of Documents by Ms. L. re 13 MOTION for Permanent Injunction (Vakili, Bardis) (aef). (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

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25

CERTIFICATE OF SERVICE by Ms. L. re 24 Notice (Other) of Withdrawal of Documents (Vakili, Bardis) (aef). (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

PACER
26

ORDER granting Petitioner's 3 Motion to File Complaint Using Pseudonym. The Petitioner is granted leave to file the Complaint using only the Petitioner's initial. An unredacted copy of the Complaint will be received as a restricted document, only available to the parties in this litigation. The parties will not disclose the unredacted Complaint or Petitioner's true name to anyone other than parties to the litigation. Signed by Judge Dana M. Sabraw on 3/6/2018. (jah) (Entered: 03/07/2018)

March 6, 2018

March 6, 2018

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27

Unredacted Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief by Ms. L. re 1 Petition. (jah) (Entered: 03/07/2018)

March 6, 2018

March 6, 2018

PACER
28

RESPONSE in Opposition re 14 MOTION to Expedite Preliminary Injunction Schedule filed by Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration, # 2 Proof of Service)(Bettwy, Samuel) (aef). (Entered: 03/07/2018)

1 Declaration

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2 Proof of Service

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March 7, 2018

March 7, 2018

RECAP
29

NOTICE of Appearance by Spencer E. W. Amdur on behalf of Ms. L. (Amdur, Spencer)Attorney Spencer E. W. Amdur added to party Ms. L.(pty:pet) (aef). (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
30

Minute Entry for proceedings held before Judge Dana M. Sabraw: Telephonic Status Conference held on 3/8/2018. Court to issue order. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Lee Gelernt, Bardis Vakili). (Defendant Attorney Samuel Bettwy, Nicole Murley). (no document attached) (jak) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
31

ORDER (1) Granting in part and Denying in part 14 Motion to Expedite and (2) Setting Briefing Schedule and Hearing Date on Motion for Preliminary Injunction and Motions for Leave to File Amicus Brief. Respondents-Defendants shall provide the results of the DNA testing to Petitioner-Plaintiff's counsel and the Court on or before March 14, 2018. Respondents-Defendants shall file their responses to the motions for preliminary injunction and to file amicus briefs on or before March 16, 2018. Petitioner-Plaintiff and Amici shall file their reply briefs on or before March 23, 2018. Absent a finding by theCourt that oral argument is unnecessary pursuant to Civil Local Rule 7.1(d)(1), the motions will be heard on March 29, 2018, at 1:30 p.m. Signed by Judge Dana M. Sabraw on 3/8/2018. (aef) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

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32

AMENDED COMPLAINT for Declaratory and Injunctive Relief with Class Action Allegations against Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Hector A. Mancha Jr., Adrian P. Macias, Francis M. Jackson, filed by Ms. L., Ms. C..New Summons Requested. (Gelernt, Lee) (aef). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

RECAP
33

MOTION to File Documents Under Seal (Gelernt, Lee). (jah). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

RECAP
34

*** DOCKETED SEALED ON 3/5/19, ECF 373 *** SEALED LODGED Proposed Document re: 33 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Gelernt, Lee). (jah). Modified on 3/5/2019 (dlg). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
35

***DOCUMENT STRICKEN PER ECF 41 *** - MOTION to Certify Class by Ms. C., Ms. L.. (Attachments: # 1 Memo of Points and Authorities Memorandum in Support of Motion for Class Certification and Exhibits)(Gelernt, Lee) (Main Document 35 replaced on 3/9/2018) (aef). Modified on 3/9/2018 to strike document; motion termed (aef). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
36

MOTION to File Documents Under Seal (Gelernt, Lee). (jah). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
37

*** DOCKETED SEALED ON 3/5/19, ECF 375 *** SEALED LODGED Proposed Document re: 36 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Gelernt, Lee). (jah). Modified on 3/5/2019 (dlg). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
38

CERTIFICATE OF SERVICE by Ms. C., Ms. L. re 33 MOTION to File Documents Under Seal, 34 Sealed Lodged Proposed Document (Gelernt, Lee) (aef). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
39

CERTIFICATE OF SERVICE by Ms. C., Ms. L. re 35 MOTION to Certify Class and Memorandum in Support of Motion (Gelernt, Lee) (aef). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
40

CERTIFICATE OF SERVICE by Ms. C., Ms. L. re 36 MOTION to File Documents Under Seal, 37 Sealed Lodged Proposed Document (Gelernt, Lee) (aef). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
41

Notice of Document Discrepancies and Order Thereon by Judge Dana M. Sabraw Rejecting re 35 Motion to Certify Class, from Petitioners Ms. C., Ms. L. Non-compliance with local rule(s), Civil Local Rule 7.1.b. Counsel must obtain a hearing date from chambers prior to filing motions. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Dana M. Sabraw on 3/9/2018.(aef) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
42

MOTION to Certify Class by Ms. C., Ms. L.. (Attachments: # 1 Memo of Points and Authorities Memorandum in Support of Motion for Class Certification and Exhibits)(Gelernt, Lee) (aef). (Entered: 03/09/2018)

1 Memo of Points and Authorities Memorandum in Support of Motion for Class Certifi

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March 9, 2018

March 9, 2018

RECAP
43

Summons Issued re 32 Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (aef) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

PACER
44

NOTICE of DNA Results by Alex Azar, Scott Lloyd, Office of Refugee Resettlement, U.S. Department of Health and Human Services re 31 Order on Motion to Expedite, (Attachments: # 1 Proof of Service)(Bettwy, Samuel)Attorney Samuel William Bettwy added to party Alex Azar(pty:res), Attorney Samuel William Bettwy added to party Scott Lloyd(pty:res), Attorney Samuel William Bettwy added to party Office of Refugee Resettlement(pty:res), Attorney Samuel William Bettwy added to party U.S. Department of Health and Human Services(pty:res) (aef). (Entered: 03/12/2018)

1 Proof of Service

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March 12, 2018

March 12, 2018

RECAP
45

NON Opposition re 17 MOTION for Leave to File Brief by Amicus Curiae in Support of Plaintiff's Habeas Corpus Petition and Complaint for Declaratory Injunctive Relief filed by Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proof of Service)(Bettwy, Samuel) (aef). (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
46

RESPONSE in Opposition re 21 Amended MOTION for Preliminary Injunction filed by Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration Ortiz, # 2 Declaration Banzon, # 3 Proof of Service)(Bettwy, Samuel) (aef). (Entered: 03/16/2018)

1 Declaration Ortiz

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2 Declaration Banzon

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3 Proof of Service

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March 16, 2018

March 16, 2018

RECAP
47

MOTION to File Documents Under Seal (With attachments)(Bettwy, Samuel) QC mailer sent re missing proposed document (jjg). (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
48

MOTION for Preliminary Injunction for Classwide Relief by Ms. C., Ms. L.. (Attachments: # 1 Memo of Points and Authorities in Support of Classwide Preliminary Injunction and Exhibits)(Gelernt, Lee) (aef). (Entered: 03/19/2018)

1 Memo of Points and Authorities in Support of Classwide Preliminary Injunction an

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March 19, 2018

March 19, 2018

RECAP
49

STATUS REPORT by Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proof of Service)(Bettwy, Samuel) (aef). (Entered: 03/19/2018)

1 Proof of Service

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March 19, 2018

March 19, 2018

PACER
50

*** DOCKETED SEALED ON 3/5/19, ECF 377 *** SEALED LODGED Proposed Document re: 47 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Bettwy, Samuel) (jjg). Modified on 3/5/2019 (dlg). (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

PACER
51

Joint MOTION for Hearing (reset hearing date & set briefing schedule) by Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proof of Service)(Bettwy, Samuel) (aef). (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

PACER
52

ORDER (1) Granting 51 Joint Motion to Reset Hearing Date and Set Briefing Schedule and (2) Denying as Moot 21 Motion for Preliminary Injunction and Vacating Hearing Date Thereon. Signed by Judge Dana M. Sabraw on 3/22/2018. (aef) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
53

ORDER Granting 17, 23 Motions for Leave to File Amicus Briefs. Signed by Judge Dana M. Sabraw on 3/22/2018. (aef) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
54

NOTICE of Appearance by Sarah B. Fabian on behalf of Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Fabian, Sarah)Attorney Sarah B. Fabian added to party Greg Archambeault(pty:res), Attorney Sarah B. Fabian added to party Alex Azar(pty:res), Attorney Sarah B. Fabian added to party L. Francis Cissna(pty:res), Attorney Sarah B. Fabian added to party Pete Flores(pty:res), Attorney Sarah B. Fabian added to party Joseph Greene(pty:res), Attorney Sarah B. Fabian added to party Thomas Homan(pty:res), Attorney Sarah B. Fabian added to party Scott Lloyd(pty:res), Attorney Sarah B. Fabian added to party Kevin K. McAleenan(pty:res), Attorney Sarah B. Fabian added to party Kirstjen Nielsen(pty:res), Attorney Sarah B. Fabian added to party Office of Refugee Resettlement(pty:res), Attorney Sarah B. Fabian added to party Jefferson Beauregard Sessions, III(pty:res), Attorney Sarah B. Fabian added to party U.S. Citizenship and Immigration Services(pty:res), Attorney Sarah B. Fabian added to party U.S. Customs and Border Protection(pty:res), Attorney Sarah B. Fabian added to party U.S. Department of Health and Human Services(pty:res), Attorney Sarah B. Fabian added to party U.S. Department of Homeland Security(pty:res), Attorney Sarah B. Fabian added to party U.S. Immigration and Customs Enforcement(pty:res) (jpp). (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
55

NOTICE of Appearance by Nicole N. Murley on behalf of Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Murley, Nicole)Attorney Nicole N. Murley added to party Greg Archambeault(pty:res), Attorney Nicole N. Murley added to party Alex Azar(pty:res), Attorney Nicole N. Murley added to party L. Francis Cissna(pty:res), Attorney Nicole N. Murley added to party Pete Flores(pty:res), Attorney Nicole N. Murley added to party Joseph Greene(pty:res), Attorney Nicole N. Murley added to party Thomas Homan(pty:res), Attorney Nicole N. Murley added to party Scott Lloyd(pty:res), Attorney Nicole N. Murley added to party Kevin K. McAleenan(pty:res), Attorney Nicole N. Murley added to party Kirstjen Nielsen(pty:res), Attorney Nicole N. Murley added to party Office of Refugee Resettlement(pty:res), Attorney Nicole N. Murley added to party Jefferson Beauregard Sessions, III(pty:res), Attorney Nicole N. Murley added to party U.S. Citizenship and Immigration Services(pty:res), Attorney Nicole N. Murley added to party U.S. Customs and Border Protection(pty:res), Attorney Nicole N. Murley added to party U.S. Department of Health and Human Services(pty:res), Attorney Nicole N. Murley added to party U.S. Department of Homeland Security(pty:res), Attorney Nicole N. Murley added to party U.S. Immigration and Customs Enforcement(pty:res) (aef). (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
56

MOTION to Dismiss for Lack of Jurisdiction and Lack of Venue, MOTION to Dismiss for Failure to State a Claim by Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Memo of Points and Authorities)(Fabian, Sarah)Attorney Sarah B. Fabian added to party Francis M. Jackson(pty:res), Attorney Sarah B. Fabian added to party Adrian P. Macias(pty:res), Attorney Sarah B. Fabian added to party Hector A. Mancha Jr.(pty:res) (aef). (Entered: 04/06/2018)

1 Memo of Points and Authorities

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April 6, 2018

April 6, 2018

PACER
57

RESPONSE in Opposition re 48 MOTION for Preliminary Injunction for Classwide Relief filed by Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Fabian, Sarah) (aef). (Entered: 04/20/2018)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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April 20, 2018

April 20, 2018

RECAP
58

RESPONSE in Opposition re 56 MOTION to Dismiss for Lack of Jurisdiction and Lack of Venue MOTION to Dismiss for Failure to State a Claim filed by Ms. C., Ms. L.. (Gelernt, Lee) (aef). (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

RECAP
59

RESPONSE in Opposition re 42 MOTION to Certify Class filed by Greg Archambeault, Alex Azar, L. Francis Cissna, Fred Figueroa, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Murley, Nicole)(aef). (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

RECAP
60

ORDER Granting Motion to File Amended Complaint Using Pseudonym. It is ORDERED that the Petitioners-Plaintiffs are granted leave to file the Amended Complaint using only the Petitioner-Plaintiff's initial. Signed by Judge Dana M. Sabraw on 4/24/2018.(aef) (Entered: 04/26/2018)

April 25, 2018

April 25, 2018

RECAP
61

REPLY to Response to Motion re 56 MOTION to Dismiss for Lack of Jurisdiction and Lack of Venue MOTION to Dismiss for Failure to State a Claim filed by Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Fabian, Sarah) (aef). (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

RECAP
62

REPLY to Response to Motion re 42 MOTION to Certify Class filed by Ms. C., Ms. L.. (Gelernt, Lee)(aef). (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

RECAP
63

REPLY to Response to Motion re 48 MOTION for Preliminary Injunction for Classwide Relief filed by Ms. C., Ms. L.. (Gelernt, Lee) (aef). (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

RECAP
64

MOTION to File Documents Under Seal (Gelernt, Lee) (aef). (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

RECAP
65

*** DOCKETED SEALED ON 3/5/19, ECF 379 *** SEALED LODGED Proposed Document re: 64 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Gelernt, Lee)(aef). Modified on 3/5/2019 (dlg). (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
66

CERTIFICATE OF SERVICE by Ms. C., Ms. L. re 64 MOTION to File Documents Under Seal, 65 Sealed Lodged Proposed Document (Gelernt, Lee) (aef). (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
67

SUMMONS Returned Executed by Ms. L.. Greg Archambeault, Alex Azar, L. Francis Cissna, Fred Figueroa, Pete Flores, Joseph Greene, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement served. (Gelernt, Lee)(aef). (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

RECAP
68

SUMMONS Returned Executed by Ms. L., Ms. C.. Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement served. (Gelernt, Lee) (aef). (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER
69

Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 5/4/2018 re 42 MOTION to Certify Class filed by Ms. C., Ms. L., 48 MOTION for Preliminary Injunction for Classwide Relief filed by Ms. C., Ms. L. Court to issue order. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Anana Balakrishnan, Lee Gelernt, Bardis Vakili). (Defendant Attorney Sara Fabian, Nicole Murley). (no document attached) (jak) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
70

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 5/4/2018, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/30/2018. Redacted Transcript Deadline set for 6/11/2018. Release of Transcript Restriction set for 8/7/2018. (akr) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

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71

ORDER Granting in part and Denying in part 56 Defendants' Motion to Dismiss. The Court grants in part and denies in part Defendants' motion to dismiss. Specifically, the Court grants Defendants' motion to dismiss Plaintiffs' claims under the APA and the Asylum Statute, and denies Defendants' motion to dismiss Plaintiffs' due process claim. Although Plaintiffs did not request leave to amend in the event any portion of Defendants' motion was granted, the Court grants Plaintiffs leave to file a Second Amended Complaint that cures the pleading deficiencies set out above. If Plaintiffs wish to do so, they shall file their Second Amended Complaint on or before July 3, 2018. Signed by Judge Dana M. Sabraw on 6/6/2018. (aef) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

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72

NOTICE of Appearance by Stephen B. Kang on behalf of Ms. C., Ms. L. (Kang, Stephen)Attorney Stephen B. Kang added to party Ms. C.(pty:pet), Attorney Stephen B. Kang added to party Ms. L.(pty:pet) (aef). (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

RECAP
73

ORDER Setting Status Conference. In light of the Executive Order issued today, June 20, 2018, entitled "Affording Congress an Opportunity to Address Family Separation," a telephonic status conference shall be held on June 22, 2018, at 12:00 p.m. Counsel for Defendants shall organize and initiate the call to the Court. Signed by Judge Dana M. Sabraw on 6/20/2018.(aef) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

RECAP
74

NOTICE of Dial-In Information. For purposes of the telephonic status conference scheduled for June 22, 2018, at 12:00 p.m., the Court has set up a dial in number for counsel and any members of the news media that wish to attend. This number is for counsel and media only, 877-873-8018. (aef) (Entered: 06/22/2018)

June 21, 2018

June 21, 2018

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75

Minute Entry for proceedings held before Judge Dana M. Sabraw: Telephonic Status Conference held on 6/22/2018. Plaintiff to file additional briefing by 6/25/2018. Defense to file response by 6/27/2018 4:30pm PST. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Lee Gelernt, Vakili Bardis). (Defendant Attorney Sarah Fabian, Samuel Bettwy). (no document attached) (jak) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
76

ORDER Amending Briefing Schedule. In light of the urgent nature of the motions currently pending before the Court, the Court finds good cause to advance the deadline for Defendants' supplemental brief. Accordingly, Defendants shall file their supplemental brief on or before June 26, 2018, at 9:00 a.m. Pacific Time. Signed by Judge Dana M. Sabraw on 6/24/2018.(aef) (Entered: 06/25/2018)

June 24, 2018

June 24, 2018

RECAP
77

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Status Conference) held on 6/22/2018, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 7/16/2018. Redacted Transcript Deadline set for 7/26/2018. Release of Transcript Restriction set for 9/24/2018. (akr) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

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78

SUPPLEMENTAL BRIEFING by Petitioners Ms. C., Ms. L. re 48 MOTION for Preliminary Injunction for Classwide Relief and Additional Evidence. (Gelernt, Lee) (aef). (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

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79

RESPONSE in Opposition re 48 MOTION for Preliminary Injunction for Classwide Relief Supplemental Brief filed by Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proof of Service)(Fabian, Sarah) (aef). (Entered: 06/26/2018)

1 Proof of Service

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June 26, 2018

June 26, 2018

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80

DECLARATION re 79 Response in Opposition to Motion,, by Respondents Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration)(Fabian, Sarah) (aef). (Entered: 06/26/2018)

1 Declaration

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June 26, 2018

June 26, 2018

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81

REPLY - Other re 79 Response in Opposition to Motion,, filed by Ms. C., Ms. L.. (Gelernt, Lee) (aef). (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

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82

ORDER Granting In Part 42 Plaintiffs' Motion for Class Certification. Plaintiffs' motion for class certification is granted in part as to Plaintiffs' substantive due process claim. Plaintiffs are appointed as Class Representatives, and Counsel from the ACLU Immigrants' Rights Project and the ACLU of San Diego and Imperial Counties are appointed as counsel for this Class pursuant to Federal Rule of Civil Procedure 23(g). Signed by Judge Dana M. Sabraw on 6/26/2018. (aef) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

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83

ORDER Granting 48 Plaintiffs' Motion for Classwide Preliminary Injunction. The Court hereby GRANTS Plaintiffs' motion for classwide preliminary injunction. A status conference will be held on July 6, 2018, at 12:00 noon. Signed by Judge Dana M. Sabraw on 6/26/2018. (aef) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

RECAP
84

NOTICE of Dial-In Information. For purposes of the telephonic status conference scheduled for 7/6/2018 at 12:00 p.m., the Court has set up a dial in number for counsel and any members of the news media that wish to attend. (jdt) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

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85

SECOND AMENDED COMPLAINT against Greg Archambeault, Alex Azar, L. Francis Cissna, Fred Figueroa, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, filed by Ms. L., Ms. C. (Gelernt, Lee) (aef). (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

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86

NOTICE Regarding Compliance by Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit)(Fabian, Sarah) (jpp). (Entered: 07/05/2018)

1 Declaration

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2 Exhibit

View on PACER

3 Exhibit

View on PACER

July 5, 2018

July 5, 2018

RECAP
87

NOTICE of Appearance by Scott Grant Stewart on behalf of Greg Archambeault, Alex Azar, L. Francis Cissna, Fred Figueroa, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Stewart, Scott)Attorney Scott Grant Stewart added to party Greg Archambeault(pty:res), Attorney Scott Grant Stewart added to party Alex Azar(pty:res), Attorney Scott Grant Stewart added to party L. Francis Cissna(pty:res), Attorney Scott Grant Stewart added to party Fred Figueroa(pty:res), Attorney Scott Grant Stewart added to party Pete Flores(pty:res), Attorney Scott Grant Stewart added to party Joseph Greene(pty:res), Attorney Scott Grant Stewart added to party Thomas Homan(pty:res), Attorney Scott Grant Stewart added to party Francis M. Jackson(pty:res), Attorney Scott Grant Stewart added to party Scott Lloyd(pty:res), Attorney Scott Grant Stewart added to party Adrian P. Macias(pty:res), Attorney Scott Grant Stewart added to party Hector A. Mancha Jr.(pty:res), Attorney Scott Grant Stewart added to party Kevin K. McAleenan(pty:res), Attorney Scott Grant Stewart added to party Kirstjen Nielsen(pty:res), Attorney Scott Grant Stewart added to party Office of Refugee Resettlement(pty:res), Attorney Scott Grant Stewart added to party Jefferson Beauregard Sessions, III(pty:res), Attorney Scott Grant Stewart added to party U.S. Citizenship and Immigration Services(pty:res), Attorney Scott Grant Stewart added to party U.S. Customs and Border Protection(pty:res), Attorney Scott Grant Stewart added to party U.S. Department of Health and Human Services(pty:res), Attorney Scott Grant Stewart added to party U.S. Department of Homeland Security(pty:res), Attorney Scott Grant Stewart added to party U.S. Immigration and Customs Enforcement(pty:res) (aef). (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

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88

DECLARATION re 86 Notice (Other),, ICE Declaration by Respondents Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Fabian, Sarah) (aef). (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

RECAP
89

Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Conference held on 7/6/2018. Status Conference set for 7/9/2018 10:00 AM in Courtroom 13A before Judge Dana M. Sabraw. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Lee Gelernt, Bardis Vakili, Anand Balakrishnan). (Defendant Attorney Sarah Fabian, Scott Stewart). (no document attached) (jak) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
91

ORDER Setting Further Status Conference. A Status Conference is set for 7/9/2018 at 10:00 AM before Judge Dana M. Sabraw. Signed by Judge Dana M. Sabraw on 7/6/2018.(aef) (Entered: 07/09/2018)

July 6, 2018

July 6, 2018

RECAP
90

Joint MOTION for Protective Order by Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Fabian, Sarah) (aef). (Entered: 07/08/2018)

July 8, 2018

July 8, 2018

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92

PROTECTIVE ORDER. (ECF 90 ) Signed by Judge Dana M. Sabraw on 7/8/2018. (aef) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

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93

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Conference) held on 7/6/2018, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 7/30/2018. Redacted Transcript Deadline set for 8/9/2018. Release of Transcript Restriction set for 10/9/2018. (akr) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

RECAP
94

Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Conference held on 7/9/2018. (Further Status Conference set for 7/10/2018 11:00 AM in Courtroom 13A before Judge Dana M. Sabraw.)(Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Lee Gelernt). (Defendant Attorney Sarah Fabian). (no document attached) (jak) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
95

ORDER Following Status Conference. A Status Conference is set for 7/10/2018 at 11:00 AM before Judge Dana M. Sabraw. Signed by Judge Dana M. Sabraw on 7/9/2018.(aef) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

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96

NOTICE Joint Notice of Parties Re Process for Release by Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Fabian, Sarah) (aef). (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

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97

NOTICE Joint Notice of Parties re Notice to Class Members by Ms. C., Ms. L. (Attachments: # 1 Exhibit Government's Version, # 2 Exhibit Plaintiffs' Version)(Gelernt, Lee) (aef). (Entered: 07/09/2018)

1 Exhibit Government's Version

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2 Exhibit Plaintiffs' Version

View on RECAP

July 9, 2018

July 9, 2018

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98

DECLARATION of Michelle Brane and Jennifer Podkul by Petitioners Ms. C., Ms. L.. (Gelernt, Lee) (aef). (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

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99

NOTICE Joint Notice Re Compliance by Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Fabian, Sarah) (aef). (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

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100

Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Hearing held on 7/10/2018. (Further Status Conference set for 7/13/2018 01:00 PM in Courtroom 13A before Judge Dana M. Sabraw.)(Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Lee Gelernt, Bardis Vakili, Anand Balakrishnan, Stephen Kang). (Defendant Attorney Sarah Fabian, Scott Stewart). (no document attached) (jak) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 26, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All adult parents nationwide who (1) are or will be detained in immigration custody by the Department of Homeland Security, and (2) have a minor child who is or will be separated from them by DHS and detained in ORR custody, absent a demonstration in a hearing that the parent is unfit or presents a danger to the child.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Immigrants' Rights Project

Juvenile Law Center

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.

Constitutional Clause(s):

Due Process

Special Case Type(s):

Habeas

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:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2018 - None

Content of Injunction:

Goals (e.g., for hiring, admissions)

Preliminary relief granted

Reporting

Issues

General:

Confinement/isolation

Family reunification

Habeas Corpus

Placement in detention facilities

Youth / Adult separation

Type of Facility:

Government-run

Non-government for-profit

Non-government non-profit

Immigration/Border:

Asylum - procedure

Constitutional rights

Deportation - judicial review

Deportation - procedure

Detention - procedures

Family Separation

Undocumented immigrants - rights and duties