Case: Doe 1 v. McAleenan

5:18-cv-02349 | U.S. District Court for the Northern District of California

Filed Date: April 18, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 18, 2018, a group of five unnamed plaintiffs filed this class action lawsuit against the Department of Homeland Security (DHS) in the U.S. District Court for the Northern District of California. The plaintiffs sought to represent a class of Iranian refugees and their U.S.-based family members who applied for refugee resettlement through the Vienna, Austria-based Lautenberg-Specter program and were denied. The plaintiffs alleged that they had applied for refugee resettlement through the…

On April 18, 2018, a group of five unnamed plaintiffs filed this class action lawsuit against the Department of Homeland Security (DHS) in the U.S. District Court for the Northern District of California. The plaintiffs sought to represent a class of Iranian refugees and their U.S.-based family members who applied for refugee resettlement through the Vienna, Austria-based Lautenberg-Specter program and were denied. The plaintiffs alleged that they had applied for refugee resettlement through the Lautenberg program for members of Iranian religious minorities and had traveled to Vienna for processing. But they received mass denial notices in February 2018 with the sole explanation that the applications were denied “as a matter of discretion.” They sought declaratory and injunctive relief, claiming that the denial notices violated the Lautenberg Amendment, the Accardi doctrine (agency cannot violate its own regulations), and Fifth Amendment due process. The plaintiffs were represented by counsel from the International Refugee Assistance Project (IRAP) and the law firm Latham and Watkins LLP.

The Lautenberg Amendment designates certain vulnerable groups, including certain persecuted religious minorities, for whom less evidence is needed to establish refugee status. If an application for refugee status submitted under the provision is denied, the Lautenberg Amendment requires that the denial be made in writing and “state, to the maximum extent feasible, the reason for the denial.” Under the Lautenberg-Specter program, which extends the protections of the Lautenberg Amendment to Iranian religious minorities, U.S. residents submit an application on behalf of refugee applicants in Iran. Once applicants pass an initial screening, they travel to Vienna where their applications can be processed by the U.S. government. In the years prior to the events at issue in this case, applications submitted through the program had had a near 100 percent admittance rate. The plaintiffs' denials came after many of them had been waiting in Vienna for nearly a year, and now many of them are at risk of deportation back to Iran.

On April 20, 2018, the plaintiffs sought class certification and partial summary judgment on their Lautenberg Amendment, Accardi doctrine, and Fifth Amendment due process claims. In response, DHS argued that all three claims were nonjusticiable because decisions over whether to admit or deny noncitizens outside the U.S. are immune from judicial review. In the alternative, DHS opposed class certification on the grounds that the Iranian plaintiffs and the U.S. plaintiffs were in fundamentally different positions, and that the wide array of familial relationships between the U.S. and Iranian class members meant that the five plaintiffs could not adequately represent the interests of the class. DHS also opposed partial summary judgment on the grounds that the “as a matter of discretion” language in the notices complied with the Lautenberg Amendment’s requirement to explain the reason for the denial to the maximum extent feasible, and that the DHS regulations cited by the plaintiffs did not apply to this case.

On July 10, 2018, the district court (Judge Beth Labson Freeman) granted the motion for class certification, and granted partial summary judgment as to the plaintiffs’ Lautenberg Amendment and Accardi claims, while declining to rule on their due process claim. 357 F.Supp.3d 972. Judge Freeman explained that DHS’s nonjusticiability arguments were not on point, because the plaintiffs were not challenging the decisions to admit or deny the applications, but were rather alleging that DHS failed to comply with the Lautenberg Amendment and the applicable regulations. She sided with the plaintiffs’ arguments that the “as a matter of discretion” explanation contained in the notices did not comply with the Lautenberg Amendment’s mandate to give the reasons for the denial “to the maximum extent feasible,” because it effectively prevented plaintiffs from requesting agency review. With respect to the Accardi doctrine claim, Judge Freeman also pointed out that DHS’ own regulations require it to advise refugee applicants of any derogatory facts on which an adverse decision is based; she rejected DHS’s arguments that the regulations at issue were inapplicable to the plaintiffs. Citing the fact that she already fully disposed of plaintiff’s claims on statutory grounds, she declined to reach the plaintiff’s due process claim. Judge Freeman thus set aside the February 2018 notices of denial as unlawful, and ordered DHS to re-issue new notices within 14 days containing their determinations to re-open processing or deny the plaintiffs’ refugee applications.

DHS filed an appeal to the partial summary judgment motion and the class certification with the Ninth Circuit on September 18, 2018. DHS moved to dismiss the appeal voluntarily on November 16, 2018, and the Ninth Circuit filed the dismissal on November 20.

Meanwhile, discovery continued in the District Court. Discovery was fairly contentious with several motions to claw back, sequester, and compel; Magistrate Judge Virginia K. Demarchi assessed sanctions of $41,546.52 in attorney's fees against DHS on October 31, 2019. With the COVID-19 pandemic, proceedings on various discovery motions have moved to Zoom, with the most recent motion, a motion to redact portions of a hearing transcript, filed on June 2, 2020. The case is ongoing.

Summary Authors

Alexander Walling (7/18/2018)

Ellen Aldin (6/3/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6367778/parties/doe-1-v-mcaleenan/


Judge(s)

DeMarchi, Virginia K. (California)

Freeman, Beth Labson (California)

Attorneys(s) for Plaintiff

Alagesan, Deepa (New York)

Diggs, Devon Aubry (California)

Esser, Caroline Nicole (California)

Golding, Thomas E. (California)

Hirose, Mariko (New York)

Keaney, Melissa S. (California)

Keaney [inactive], Melissa S (California)

Larkin-Wong, Katherine Maureen (California)

Judge(s)

DeMarchi, Virginia K. (California)

Freeman, Beth Labson (California)

Attorneys(s) for Plaintiff

Alagesan, Deepa (New York)

Diggs, Devon Aubry (California)

Esser, Caroline Nicole (California)

Golding, Thomas E. (California)

Hirose, Mariko (New York)

Keaney, Melissa S. (California)

Keaney [inactive], Melissa S (California)

Larkin-Wong, Katherine Maureen (California)

Lee, Belinda S. (California)

Meyer, Kathryn Claire (New York)

Rocos, Oliver (California)

Rogers, Ariel E. (California)

Williams, Keith L (California)

Attorneys(s) for Defendant

Chung, Daniel Paul (District of Columbia)

Hollis, Christopher W. (District of Columbia)

Menna, Frank P (District of Columbia)

Platt, Steven (District of Columbia)

Sarkany, Sergio F (District of Columbia)

Wen, James J (District of Columbia)

White, David W. (District of Columbia)

York, Thomas Benton (District of Columbia)

Young, Stacey Ilene (District of Columbia)

Documents in the Clearinghouse

Document

5:18-cv-02349

Docket [PACER]

June 2, 2020

June 2, 2020

Docket
1

5:18-cv-02349

Complaint for Declaratory, Injunctive, and Mandamus Relief

Doe v. Nielsen

April 18, 2018

April 18, 2018

Complaint

Press Release: Groups File Class Action Challenge to Unprecedented Mass Denials of Iranian Refugees in the Lautenberg-Specter Program

Doe v. Nielsen

No Court

April 19, 2018

April 19, 2018

Press Release
87

5:18-cv-02349

Order (1) Granting Plaintiffs' Motion for Class Certification; and (2) Granting Plaintiffs' Motion for Partial Summary Judgment

Doe v. Nielsen

357 F.Supp.3d 972

July 10, 2018

July 10, 2018

Order/Opinion
147

5:18-cv-02349

Order Denying Motion to Stay

Doe 1 v. Nielsen

2019 WL 1473463

Jan. 3, 2019

Jan. 3, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6367778/doe-1-v-mcaleenan/

Last updated Aug. 6, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory, Injunctive, and Mandamus Relief against L. Francis Cissna, Jennifer B. Higgins, Kirstjen Nielsen, John Sullivan, U.S. Department of Homeland Security, U.S. Department of State ( Filing fee $ 400, receipt number 0971-12283444.). Filed byJane Doe 3, John Doe 2, Jane Doe 1, Jane Doe 4, Jane Doe 5. (Attachments: # 1 Civil Cover Sheet)(Lee, Belinda) (Filed on 4/18/2018) (Entered: 04/18/2018)

1 Civil Cover Sheet

View on PACER

April 18, 2018

April 18, 2018

RECAP
2

Certificate of Interested Entities by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5 (Lee, Belinda) (Filed on 4/18/2018) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
3

Proposed Summons. (Lee, Belinda) (Filed on 4/18/2018) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
4

MOTION for Leave to File Under Pseudonyms filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Attachments: # 1 Proposed Order)(Lee, Belinda) (Filed on 4/18/2018) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
5

Declaration of Thomas Golding in Support of 4 MOTION for Leave to File Under Pseudonyms filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Related document(s) 4 ) (Lee, Belinda) (Filed on 4/18/2018) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
6

Declaration of Jane Doe 1 in Support of 4 MOTION for Leave to File Under Pseudonyms filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Related document(s) 4 ) (Lee, Belinda) (Filed on 4/18/2018) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
7

Declaration in Support of 4 MOTION for Leave to File Under Pseudonyms filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Related document(s) 4 ) (Lee, Belinda) (Filed on 4/18/2018) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
8

Declaration of Jane Doe 3 in Support of 4 MOTION for Leave to File Under Pseudonyms filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Related document(s) 4 ) (Lee, Belinda) (Filed on 4/18/2018) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
9

Declaration of Jane Doe 4 in Support of 4 MOTION for Leave to File Under Pseudonyms filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Related document(s) 4 ) (Lee, Belinda) (Filed on 4/18/2018) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
10

Declaration of Jane Doe 5 in Support of 4 MOTION for Leave to File Under Pseudonyms filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Related document(s) 4 ) (Lee, Belinda) (Filed on 4/18/2018) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
11

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12286488.) filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Meyer, Kathryn) (Filed on 4/19/2018) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
12

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12286596.) filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Hirose, Mariko) (Filed on 4/19/2018) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
13

Amended Civil Cover Sheet by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5 . (Lee, Belinda) (Filed on 4/19/2018) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
14

Case assigned to Magistrate Judge Howard R. Lloyd. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/3/2018. (srnS, COURT STAFF) (Filed on 4/19/2018) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
15

Immigration Mandamus Case Procedural Order, (dhmS, COURT STAFF) (Filed on 4/19/2018) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
16

Summons Issued as to L. Francis Cissna, Jennifer B. Higgins, Kirstjen Nielsen, John Sullivan, U.S. Department of Homeland Security, U.S. Department of State, U.S. Attorney and U.S. Attorney General (dhmS, COURT STAFF) (Filed on 4/19/2018) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
17

Order granting 11 Motion for Pro Hac Vice. Signed by Magistrate Judge Howard R. Lloyd on 4/20/2018. (hrllc3S, COURT STAFF) (Filed on 4/20/2018) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
18

Order granting 12 Motion for Pro Hac Vice. Signed by Magistrate Judge Howard R. Lloyd on 4/20/2018. (hrllc3S, COURT STAFF) (Filed on 4/20/2018) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
19

MOTION to Shorten Time for: (1) Motion for Class Certification and (2) Motion for Partial Summary Judgment filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Attachments: # 1 Declaration of Belinda S Lee, # 2 Exhbiit A to Lee Decl., # 3 Exhibit B to Lee Decl., # 4 Exhibit C to Lee Decl., # 5 Exhibit D to Lee Decl., # 6 Exhibit E to Lee Decl., # 7 Exhibit F to Lee Decl., # 8 Proposed Order)(Lee, Belinda) (Filed on 4/20/2018) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
20

MOTION to Certify Class filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. Motion Hearing set for 5/11/2018 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Howard R. Lloyd. Responses due by 5/4/2018. Replies due by 5/8/2018. (Attachments: # 1 Proposed Order)(Lee, Belinda) (Filed on 4/20/2018) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
21

Declaration of Belinda S Lee in Support of 20 MOTION to Certify Class filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 20 ) (Lee, Belinda) (Filed on 4/20/2018) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
22

Declaration of Mariko Hirose in Support of 20 MOTION to Certify Class filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Attachments: # 1 Exhibit A)(Related document(s) 20 ) (Lee, Belinda) (Filed on 4/20/2018) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
23

Declaration of Samuel Witten in Support of 20 MOTION to Certify Class filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Attachments: # 1 Exhibit A)(Related document(s) 20 ) (Lee, Belinda) (Filed on 4/20/2018) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
24

Declaration of Adam Bates in Support of 20 MOTION to Certify Class filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Attachments: # 1 Exhibit A)(Related document(s) 20 ) (Lee, Belinda) (Filed on 4/20/2018) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
25

MOTION for Partial Summary Judgment filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. Motion Hearing set for 5/11/2018 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Howard R. Lloyd. Responses due by 5/4/2018. Replies due by 5/8/2018. (Attachments: # 1 Proposed Order)(Lee, Belinda) (Filed on 4/20/2018) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
26

Declaration of Belinda S Lee in Support of 25 MOTION for Partial Summary Judgment filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Related document(s) 25 ) (Lee, Belinda) (Filed on 4/20/2018) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
27

Declaration of Samuel Witten in Support of 25 MOTION for Partial Summary Judgment filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Attachments: # 1 Exhibit A)(Related document(s) 25 ) (Lee, Belinda) (Filed on 4/20/2018) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
28

Declaration of Adam Bates in Support of 25 MOTION for Partial Summary Judgment filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Attachments: # 1 Exhibit A)(Related document(s) 25 ) (Lee, Belinda) (Filed on 4/20/2018) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
29

EXHIBITS (Corrected Exhibits B and S to 26 Declaration of Belinda S Lee in Support of Plaintiffs' Motion for Partial Summary Judgment) filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Attachments: # 1 Exhibit B, # 2 Exhibit S)(Lee, Belinda) (Filed on 4/20/2018) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
30

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** AFFIDAVIT of Service for Summons in a Civil Action; Complaint for Declaratory, Injunctive, and Mandamus Relief; Administrative Motion for Leave to Proceed Under Pseudonyms and Memorandum of Points and Authorities in Support served on Alex G. Tse, U.S. Attorney for the Northern District of California on April 19, 2018, filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Lee, Belinda) (Filed on 4/20/2018) Modified text on 4/23/2018 (dhmS, COURT STAFF). (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
31

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** AFFIDAVIT of Service for Summons in a Civil Action; Complaint for Declaratory, Injunctive, and Mandamus Relief; Administrative Motion for Leave to Proceed Under Pseudonyms and Memorandum of Points and Authorities in Support served on Attorney General Jeff Sessions on April 20, 2018, filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Lee, Belinda) (Filed on 4/20/2018) Modified text on 4/23/2018 (dhmS, COURT STAFF). (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
32

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** AFFIDAVIT of Service for Summons in a Civil Action; Complaint for Declaratory, Injunctive, and Mandamus Relief; Administrative Motion for Leave to Proceed Under Pseudonyms and Memorandum of Points and Authorities in Support served on Jennifer B. Higgins on April 20, 2018, filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Lee, Belinda) (Filed on 4/20/2018) Modified text on 4/23/2018 (dhmS, COURT STAFF). (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
33

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** AFFIDAVIT of Service for Summons in a Civil Action; Complaint for Declaratory, Injunctive, and Mandamus Relief; Administrative Motion for Leave to Proceed Under Pseudonyms and Memorandum of Points and Authorities in Support served on John Sullivan on April 20, 2018, filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Lee, Belinda) (Filed on 4/20/2018) Modified text on 4/23/2018 (dhmS, COURT STAFF). (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
34

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** AFFIDAVIT of Service for Summons in a Civil Action; Complaint for Declaratory, Injunctive, and Mandamus Relief; Administrative Motion for Leave to Proceed Under Pseudonyms and Memorandum of Points and Authorities in Support served on Kirstjen Nielsen on April 20, 2018, filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Lee, Belinda) (Filed on 4/20/2018) Modified text on 4/23/2018 (dhmS, COURT STAFF). (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
35

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** AFFIDAVIT of Service for Summons in a Civil Action; Complaint for Declaratory, Injunctive, and Mandamus Relief; Administrative Motion for Leave to Proceed Under Pseudonyms and Memorandum of Points and Authorities in Support served on L. Francis Cissna on April 20, 2018, filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Lee, Belinda) (Filed on 4/20/2018) Modified text on 4/23/2018 (dhmS, COURT STAFF). (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
36

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** AFFIDAVIT of Service for Summons in a Civil Action; Complaint for Declaratory, Injunctive, and Mandamus Relief; Administrative Motion for Leave to Proceed Under Pseudonyms and Memorandum of Points and Authorities in Support served on U.S. Department of State on April 20, 2018, filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Lee, Belinda) (Filed on 4/20/2018) Modified text on 4/23/2018 (dhmS, COURT STAFF). (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
37

***INCORRECT EVENT SELECTED WHEN POSTING DOCUMENT*** AFFIDAVIT of Service for Summons in a Civil Action; Complaint for Declaratory, Injunctive, and Mandamus Relief; Administrative Motion for Leave to Proceed Under Pseudonyms and Memorandum of Points and Authorities in Support served on U.S. Department of Homeland Security on April 20, 2018, filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Lee, Belinda) (Filed on 4/20/2018) Modified text on 4/23/2018 (dhmS, COURT STAFF). (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER

CLERK'S NOTICE. Reminder Re: Consent to Magistrate Judge. All parties must file a consent or declination to proceed before a magistrate judge. Civil L.R. 73-1. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hrllc3S, COURT STAFF) (Filed on 4/23/2018)

April 23, 2018

April 23, 2018

PACER

Clerk's Notice re: Consent or Declination

April 23, 2018

April 23, 2018

PACER

Electronic filing error. Incorrect event used. [err101]Please re-file in its entirety selecting the correct event Summons Returned Executed. Re: 37 Affidavit of Servic e, filed by Jane Doe 4, Jane Doe 1, John Doe 2, Jane Doe 5, Jane Doe 3, 32 Affidavit of Service, filed by Jane Doe 4, Jane Doe 1, John Doe 2, Jane Doe 5, Jane Doe 3, 30 Affidavit of Service, filed by Jane Doe 4, Jane Doe 1, John Doe 2, Jane Doe 5, Jane Doe 3, 35 Affidavit of Service, filed by Jane Doe 4, Jane Doe 1, John Doe 2, Jane Doe 5, Jane Doe 3, 34 Affidavit of Service, filed by Jane Doe 4, Jane Doe 1, John Doe 2, Jane Doe 5, Jane Doe 3, 36 Affidavit of Service, filed by Jane Doe 4, Jane Doe 1, John Doe 2, Jane Doe 5, Jane Doe 3, 33 Affidavit of Service, filed by Jane Doe 4, Jane Doe 1, John Doe 2, Jane Doe 5, Jane Doe 3, 31 Affidavit of Service, filed by Jane Doe 4, Jane Doe 1, John Doe 2, Jane Doe 5, Jane Doe 3 (dhmS, COURT STAFF) (Filed on 4/23/2018)

April 23, 2018

April 23, 2018

PACER

Electronic Filing Error

April 23, 2018

April 23, 2018

PACER
38

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5.. (Lee, Belinda) (Filed on 4/23/2018) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
39

SUMMONS Returned Executed by Jane Doe 3, John Doe 2, Jane Doe 1, Jane Doe 4, Jane Doe 5. L. Francis Cissna served on 4/20/2018, answer due 6/19/2018. (Lee, Belinda) (Filed on 4/23/2018) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
40

SUMMONS Returned Executed by Jane Doe 3, John Doe 2, Jane Doe 1, Jane Doe 4, Jane Doe 5. Jennifer B. Higgins served on 4/20/2018, answer due 6/19/2018. (Lee, Belinda) (Filed on 4/23/2018) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
41

SUMMONS Returned Executed by Jane Doe 3, John Doe 2, Jane Doe 1, Jane Doe 4, Jane Doe 5. Kirstjen Nielsen served on 4/20/2018, answer due 6/19/2018. (Lee, Belinda) (Filed on 4/23/2018) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
42

SUMMONS Returned Executed by Jane Doe 3, John Doe 2, Jane Doe 1, Jane Doe 4, Jane Doe 5. John Sullivan served on 4/20/2018, answer due 6/19/2018. (Lee, Belinda) (Filed on 4/23/2018) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
43

SUMMONS Returned Executed by Jane Doe 3, John Doe 2, Jane Doe 1, Jane Doe 4, Jane Doe 5. U.S. Department of Homeland Security served on 4/20/2018, answer due 6/19/2018. (Lee, Belinda) (Filed on 4/23/2018) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
44

SUMMONS Returned Executed by Jane Doe 3, John Doe 2, Jane Doe 1, Jane Doe 4, Jane Doe 5. U.S. Department of State served on 4/20/2018, answer due 6/19/2018. (Lee, Belinda) (Filed on 4/23/2018) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
45

NOTICE of Appearance by Stacey Ilene Young (Young, Stacey) (Filed on 5/3/2018) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

PACER
46

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by L. Francis Cissna, Jennifer B. Higgins, Kirstjen Nielsen, John Sullivan, U.S. Department of Homeland Security, U.S. Department of State.. (Young, Stacey) (Filed on 5/3/2018) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

PACER
47

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (pmc, COURT STAFF) (Filed on 5/3/2018) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

PACER
48

ORDER REASSIGNING CASE. Case reassigned to Judge Beth Labson Freeman for all further proceedings. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Howard R. Lloyd remains as referral judge assigned to the case. Reassignment Order signed by Executive Committee on 5/4/2018. (Attachments: # 1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 5/4/2018) (Entered: 05/04/2018)

1 Notice of Eligibility for Video Recording

View on PACER

May 4, 2018

May 4, 2018

PACER
49

STIPULATION WITH PROPOSED ORDER regarding Hearing and Briefing Schedule for Motions for Partial Summary Judgment and for Class Certification filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Lee, Belinda) (Filed on 5/4/2018) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
51

NOTICE of Appearance by Christopher W Hollis (Hollis, Christopher) (Filed on 5/9/2018) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
52

Minute Entry for proceedings held before Judge Beth Labson Freeman: Telephonic Case Management Conference held on 5/10/2018.FTR Time: 1:31 - 1:59. Plaintiff Attorney: Mariko Hirose via CourtCall, Belinda Lee via Courtcall. Defendant Attorney: Christopher Hollis via CourtCall, Stacey Young via Courtcall. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF)(Date Filed: 5/10/2018) Modified on 5/11/2018 (tshS, COURT STAFF). (Entered: 05/11/2018)

May 10, 2018

May 10, 2018

PACER
53

PDF with attached Audio File. Court Date & Time [ 5/10/2018 1:30:48 PM ]. File Size [ 13792 KB ]. Run Time [ 00:28:44 ]. (courtspeak). (Entered: 05/11/2018)

May 10, 2018

May 10, 2018

PACER
54

STIPULATION AND ORDER AS MODIFIED BY THE COURT, AND AS STATED ON THE RECORD AT THE MAY 10, 2018 CASE MANAGEMENT CONFERENCE ORDER by Judge Beth Labson Freeman. (tshS, COURT STAFF) (Filed on 5/10/2018) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
55

ORDER GRANTING PLAINTIFFS UNOPPOSED MOTION TO PROCEED UNDER PSEUDONYMS by Judge Beth Labson Freeman. Granting 4 Motion for Leave to File. (tshS, COURT STAFF) (Filed on 5/11/2018) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
56

STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule and Hearing Date filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Lee, Belinda) (Filed on 5/14/2018) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
57

ORDER REQUESTING RESPONSE FROM PARTIES ON OR BEFORE MAY 18, 2018 REGARDING BRIEFING AND HEARING SCHEDULE ON PLAINTIFFS' PENDING MOTIONS. Signed by Judge Beth Labson Freeman on 5/15/2018. (blflc2S, COURT STAFF) (Filed on 5/15/2018) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
58

STIPULATION WITH PROPOSED ORDER Re: Briefing and Hearing Schedule on Plaintiffs' Pending Motions filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Lee, Belinda) (Filed on 5/16/2018) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

PACER

Set/Reset Hearings

May 16, 2018

May 16, 2018

PACER
59

ORDER GRANTING 58 STIPULATION RE: BRIEFING AND HEARING SCHEDULE ON PLAINTIFFS' PENDING MOTIONS. The hearing on Plaintiffs' pending motions is hereby RESET to June 22, 2018 at 9:00 A.M. Signed by Judge Beth Labson Freeman on 5/16/2018. (blflc2S, COURT STAFF) (Filed on 5/16/2018) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

PACER

Set Hearing re 59 Order on Stipulation, 54 Order on Stipulation, Order on Motion to Shorten Time. Motion for Summary Judgment and Motion for Class Certification set for 6/22/2018 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. (tshS, COURT STAFF) (Filed on 5/16/2018)

May 16, 2018

May 16, 2018

PACER
60

Amended MOTION to Certify Class filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. Motion Hearing set for 6/22/2018 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 6/4/2018. Replies due by 6/11/2018. (Attachments: # 1 Proposed Order)(Lee, Belinda) (Filed on 5/18/2018) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
61

Declaration of Belinda S Lee in Support of 60 Amended MOTION to Certify Class filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Related document(s) 60 ) (Lee, Belinda) (Filed on 5/18/2018) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
62

Declaration of Mariko Hirose in Support of 60 Amended MOTION to Certify Class filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Related document(s) 60 ) (Hirose, Mariko) (Filed on 5/18/2018) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
63

Declaration of Samuel Witten in Support of 60 Amended MOTION to Certify Class filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Related document(s) 60 ) (Lee, Belinda) (Filed on 5/18/2018) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
64

Declaration of Adam Bates in Support of 60 Amended MOTION to Certify Class filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Related document(s) 60 ) (Lee, Belinda) (Filed on 5/18/2018) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
65

Declaration of Jane Doe 1 in Support of 60 Amended MOTION to Certify Class filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Related document(s) 60 ) (Lee, Belinda) (Filed on 5/18/2018) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
66

Declaration of John Doe 2 in Support of 60 Amended MOTION to Certify Class filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Related document(s) 60 ) (Lee, Belinda) (Filed on 5/18/2018) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
67

Declaration of Jane Doe 3 in Support of 60 Amended MOTION to Certify Class filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Related document(s) 60 ) (Lee, Belinda) (Filed on 5/18/2018) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
68

Declaration of Jane Doe 4 in Support of 60 Amended MOTION to Certify Class filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Related document(s) 60 ) (Lee, Belinda) (Filed on 5/18/2018) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
69

Declaration of Jane Doe 5 in Support of 60 Amended MOTION to Certify Class filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Related document(s) 60 ) (Lee, Belinda) (Filed on 5/18/2018) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
71

OPPOSITION/RESPONSE (re 25 MOTION for Partial Summary Judgment ) filed byL. Francis Cissna, Jennifer B. Higgins, Kirstjen Nielsen, John Sullivan, U.S. Department of Homeland Security, U.S. Department of State. (Attachments: # 1 Declaration Declaration of Joanna Ruppel, # 2 Declaration Declaration of Stacey I. Young)(Young, Stacey) (Filed on 6/4/2018) (Entered: 06/04/2018)

June 4, 2018

June 4, 2018

PACER
72

OPPOSITION/RESPONSE (re 60 Amended MOTION to Certify Class ) filed byL. Francis Cissna, Jennifer B. Higgins, Kirstjen Nielsen, John Sullivan, U.S. Department of Homeland Security, U.S. Department of State. (Attachments: # 1 Declaration Declaration of Joanna Ruppel)(Hollis, Christopher) (Filed on 6/4/2018) (Entered: 06/04/2018)

June 4, 2018

June 4, 2018

PACER
73

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Virginia K DeMarchi for all further discovery proceedings. Judge Magistrate Judge Howard R. Lloyd no longer assigned to the case. Signed by The Executive Committee on 6/7/2018. (tshS, COURT STAFF) (Filed on 6/11/2018) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
74

REPLY (re 25 MOTION for Partial Summary Judgment ) filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Hirose, Mariko) (Filed on 6/11/2018) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
75

REPLY (re 60 Amended MOTION to Certify Class ) filed byJane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Lee, Belinda) (Filed on 6/11/2018) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
76

STIPULATION WITH PROPOSED ORDER Regarding Schedule for Answer and Summary Judgment filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Attachments: # 1 Declaration of Belinda S Lee)(Lee, Belinda) (Filed on 6/15/2018) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
77

Statement (Joint Statement Regarding Discovery) by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Lee, Belinda) (Filed on 6/15/2018) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
78

ORDER GRANTING 76 STIPULATION REGARDING SCHEDULE FOR ANSWER AND SUMMARY JUDGMENT. Signed by Judge Beth Labson Freeman on 6/18/2018. (blflc2S, COURT STAFF) (Filed on 6/18/2018) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
79

ORDER REFERRING 77 PARTIES' DISCOVERY DISPUTE TO MAGISTRATE JUDGE VIRGINIA K. DEMARCHI. Signed by Judge Beth Labson Freeman on 6/18/2018. (blflc2S, COURT STAFF) (Filed on 6/18/2018) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
80

Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 6/22/2018 re 20 MOTION to Certify Class filed by Jane Doe 4, Jane Doe 1, John Doe 2, Jane Doe 5, Jane Doe 3, 25 MOTION for Partial Summary Judgment filed by Jane Doe 4, Jane Doe 1, John Doe 2, Jane Doe 5, Jane Doe 3, 60 Amended MOTION to Certify Class filed by Jane Doe 4, Jane Doe 1, John Doe 2, Jane Doe 5, Jane Doe 3. Parties present oral arguments.The court takes matter under submission; written order to be issued. Total Time in Court: 1:25 (9:01 - 10:26). Court Reporter: Summer Fisher. Plaintiff Attorney: Kathryn Meyer, Mariko Hirose, Oliver Rocos, Belinda Lee. Defendant Attorney: Christopher Hollis, Stacey Young. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 6/22/2018) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
81

TRANSCRIPT ORDER for proceedings held on 06/22/2018 before Judge Beth Labson Freeman by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, for Court Reporter Summer Fisher. (Lee, Belinda) (Filed on 6/25/2018) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
82

TRANSCRIPT ORDER for proceedings held on 6/22/2018 before Judge Beth Labson Freeman by L. Francis Cissna, Jennifer B. Higgins, Kirstjen Nielsen, John Sullivan, U.S. Department of Homeland Security, U.S. Department of State, for Court Reporter Summer Fisher. (Hollis, Christopher) (Filed on 6/27/2018) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
83

Proposed Order re 25 MOTION for Partial Summary Judgment ([Amended Proposed] Order Granting Plaintiffs' Motion for Partial Summary Judgment) by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Lee, Belinda) (Filed on 6/29/2018) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
84

Transcript of Proceedings held on 06/22/2018, before Judge Beth Labson Freeman. Court Reporter/Transcriber Summer Fisher, telephone number 408-288-6150 summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 81 Transcript Order ) Release of Transcript Restriction set for 10/1/2018. (Related documents(s) 81 ) (Fisher, Summer) (Filed on 7/3/2018) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
85

STIPULATION WITH PROPOSED ORDER Regarding Class Notice filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Attachments: # 1 Exhibit A - Proposed Class Notice)(Lee, Belinda) (Filed on 7/6/2018) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
86

Joint Discovery Letter Brief filed by Jane Doe 1, John Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5. (Attachments: # 1 Exhibit A)(Lee, Belinda) (Filed on 7/9/2018) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
87

ORDER GRANTING 60 PLAINTIFFS' AMENDED MOTION FOR CLASS CERTIFICATION; GRANTING 25 PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT. Signed by Judge Beth Labson Freeman on 7/10/2018. (blflc2S, COURT STAFF) (Filed on 7/10/2018) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

RECAP
88

ORDER GRANTING 85 STIPULATION REGARDING CLASS NOTICE. Signed by Judge Beth Labson Freeman on 7/10/2018. (Attachments: # 1 Exhibit A)(blflc2S, COURT STAFF) (Filed on 7/10/2018) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER
89

ORDER SETTING CASE MANAGEMENT CONFERENCE ON OCTOBER 4, 2018 AT 11:00 A.M. Signed by Judge Beth Labson Freeman on 7/12/2018. (blflc2S, COURT STAFF) (Filed on 7/12/2018) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
90

ORDER by Magistrate Judge Virginia K DeMarchi re 86 Discovery Letter Brief. Defendants to produce administrative record by 8/3/2018 unless otherwise stipulated. (vkdlc1S, COURT STAFF) (Filed on 7/19/2018) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

RECAP
91

NOTICE of Appearance by Daniel Paul Chung (Chung, Daniel) (Filed on 7/19/2018) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
92

STIPULATION WITH PROPOSED ORDER to Enlarge Defendants' Time to Respond to the Complaint filed by L. Francis Cissna, Jennifer B. Higgins, Kirstjen Nielsen, John Sullivan, U.S. Department of Homeland Security, U.S. Department of State. (Attachments: # 1 Declaration of Christopher W. Hollis)(Hollis, Christopher) (Filed on 7/20/2018) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
93

ORDER GRANTING 92 STIPULATION TO ENLARGE DEFENDANTS' TIME TO RESPOND TO COMPLAINT. Signed by Judge Beth Labson Freeman on 7/23/2018. (blflc2S, COURT STAFF) (Filed on 7/23/2018) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
94

NOTICE by L. Francis Cissna, Jennifer B. Higgins, Kirstjen Nielsen, John Sullivan, U.S. Department of Homeland Security, U.S. Department of State Notice of Filing of Declaration in Compliance with the Court's July 10, 2018 Order (Attachments: # 1 Declaration Ex.A-Declaration of Mary Margaret Stone)(Chung, Daniel) (Filed on 7/31/2018) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
95

NOTICE by L. Francis Cissna, Jennifer B. Higgins, Kirstjen Nielsen, John Sullivan, U.S. Department of Homeland Security, U.S. Department of State NOTICE OF FILING OF DECLARATION IN COMPLIANCE WITH THE COURT'S JULY 19, 2018 ORDER RE JOINT DISCOVERY LETTER BRIEF (Attachments: # 1 Declaration)(Chung, Daniel) (Filed on 8/3/2018) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
96

MOTION to Dismiss filed by L. Francis Cissna, Jennifer B. Higgins, Kirstjen Nielsen, John Sullivan, U.S. Department of Homeland Security, U.S. Department of State. Motion Hearing set for 9/20/2018 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 8/28/2018. Replies due by 9/4/2018. (Attachments: # 1 Proposed Order)(Hollis, Christopher) (Filed on 8/14/2018) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: April 18, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Iranian refugees who (1) applied for refugee admission to the United States under the Lautenberg Amendment, whether as a principal applicant or derivative relatives; (2) traveled to Vienna, Austria, for processing; and (3) received denials from the United States government in or after February 2018 with the sole explanation that: “After review of all information concerning your case, including your testimony, supporting documentation, background checks, country conditions, and other availabl

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

International Refugee Assistance Project (IRAP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Homeland Security (DHS), Federal

Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

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

Mandamus, 28 U.S.C. § 1361

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2018 - None

Content of Injunction:

Required disclosure

Issues

General:

Confidentiality

Family reunification

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

National origin discrimination

Religion discrimination

Type of Facility:

Government-run

Immigration/Border:

Admission - procedure

Asylum - procedure

Family Separation

Refugees

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern