Case: Padilla v. U.S. Immigration and Customs Enforcement

2:18-cv-00928 | U.S. District Court for the Western District of Washington

Filed Date: June 25, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 25, 2018, three plaintiffs filed this class-action lawsuit challenging the federal government's forcible separation of minor children from their parents, as well as its practice of prolonging the separation by failing to conduct credible fear interviews in a timely manner. The plaintiffs sued the Department of Homeland Security, Immigration and Customs Enforcement, Customs and Border Patrol, the Executive Office for Immigration Review, Citizenship and Immigration Services, Health and Hu…

On June 25, 2018, three plaintiffs filed this class-action lawsuit challenging the federal government's forcible separation of minor children from their parents, as well as its practice of prolonging the separation by failing to conduct credible fear interviews in a timely manner. The plaintiffs sued the Department of Homeland Security, Immigration and Customs Enforcement, Customs and Border Patrol, the Executive Office for Immigration Review, Citizenship and Immigration Services, Health and Human Services, the Office of Refugee Resettlement, and the respective administrators of each agency in their official capacities.

The plaintiffs, mothers of young children, had entered the United States seeking asylum for themselves and their children. In May 2018, the mothers were separated from their minor children (six, five, and eight years old, respectively) and relocated to a detention center in Washington State as part of the federal government’s zero-tolerance policy targeting illegal entry. The plaintiffs challenged the federal government’s forcible separation of minor children from their parents, as well as the practice of prolonging this separation by failing to conduct credible fear interviews in a timely manner. The plaintiffs asserted Fifth Amendment due process claims, as well as violations of asylum statutes and the Administrative Procedure Act. They sought injunctive and declaratory relief. The three women filed the complaint in federal district court in the Western District of Washington on behalf of themselves and other similarly situated parents, and the case was assigned to Judge Marsha Pechman.

The plaintiffs filed an amended complaint on July 15, 2018. The amended complaint acknowledged that the day after the plaintiffs filed their complaint, a federal court in the Southern District of California implemented a nationwide injunction against family separation. While the plaintiffs were not waiving their claim for relief under the earlier filed claims (challenging the zero-tolerance policy as it applied to family separation and credible fear interviews), they planned not to pursue the claims further, pending the governments’ compliance with the nationwide order. The plaintiffs also added a claim against the government’s bond hearings process, challenging the legality of the government’s practice of excessively prolonging the detention of asylum seekers by delaying their bond hearings and failing to establish any timeline for these hearings. In August, the plaintiffs filed a second amended complaint, confirming that they will not pursue the claims that were addressed by the nationwide injunction issued in July.

The plaintiffs later moved to certify a class. That motion was amended in September, and defined two proposed classes as follows:

• Credible Fear Interview (“CFI”) Class: All detained asylum seekers in the United States subject to expedited removal proceedings under 8 U.S.C. § 1225(b) who are not provided a credible fear determination within 10 days of requesting asylum or expressing a fear of persecution to a DHS official, absent a request by the asylum seeker for a delayed credible fear interview.

• Bond Hearing (“BH”) Class: All detained asylum seekers who entered the United States without inspection, were initially subject to expedited removal proceedings under 8 U.S.C. § 1225(b), were determined to have a credible fear of persecution, but are not provided a bond hearing with a verbatim transcript or recording of the hearing within 7 days of requesting a bond hearing.

On September 6, 2018, the defendants filed a Motion to Dismiss. The defendants claimed that the court was not authorized to hear the plaintiffs' claims challenging the timing of credible fear interviews. The defendants also sought dismissal on the grounds that members of the Credible Fear Class had no right to enter the U.S. or to have the determination of their admissibility subject to any procedural safeguards. The defendants further argued that the plaintiffs' claims were not amenable to resolution in a class-action suit and that the APA did not provide a cause of action for certain claims that were made.

On September 20, 2018, the plaintiffs filed a motion for a preliminary injunction. The plaintiffs sought injunctive relief from the court, asking that the court order the EOIR defendants to 1) conduct bond hearings within seven days of a hearing request, 2) place the burden of proof in those hearings on DHS, 3) produce a recording or verbatim transcript of the hearings and 4) produce a contemporaneous written decision with particularized determinations. In the absence of this action, the plaintiffs asserted that they will face irreparable harm in the form of violations of their constitutional rights, prolonged detention, and interference with their ability to pursue their asylum claims.

On December 11, 2018, Judge Marsha Pechman issued an order granting in part and denying in part the defendants' Motion to Dismiss. Judge Pechman concluded that the court had jurisdiction to hear the suit, that both classes adequately stated a claim for constitutional relief from alleged violations of due process by the defendants, and that the Bond Hearing class succeeded in stating a claim under the APA concerning certain procedural safeguards. Judge Pechman granted the motion in part, resulting in the dismissal of the Credible Fear Interview class' APA claim and the Bond Hearing class' APA claim concerning the timing of bond hearings. 354 F. Supp. 3d 1218.

On March 6, 2019, Judge Pechman granted the plaintiffs' Amended Motion for Class Certification and certified the following classes:

Credible Fear Interview Class: All detained asylum seekers in the United States subject to expedited removal proceedings under 8 U.S.C. § 1225(b) who are not provided a credible fear determination within ten days of the later of (1) requesting asylum or expressing a fear of persecution to a DHS official or (2) the conclusion of any criminal proceeding related to the circumstances of their entry, absent a request by the asylum seeker for a delayed credible fear interview.

Bond Hearing Class: All detained asylum seekers who entered the United States without inspection, were initially subject to expedited removal proceedings under 8 U.S.C. § 1225(b), were determined to have a credible fear of persecution, but are not provided a bond hearing with a verbatim transcript or recording of the hearing within seven days of requesting a bond hearing. 2019 WL 1056466.

On April 5, 2019, Judge Pechman issued an order granting the plaintiffs' Motion for Preliminary Injunction. The injunction mandated that the defendants conduct bond hearings within seven days of a bond request by a class member and that the burden would be placed on the defendants to demonstrate why the class member should not be released on bond. The injunction also mandated that the bond hearing be recorded and that a written decision with individualized determinations and finding be produced at the conclusion of a bond hearing. 379 F. Supp. 3d 1170.

On April 26, 2019, the defendants filed a motion to vacate the preliminary injunction.

On May 20, 2019, the plaintiffs filed a Third Amended Complaint in light of the Attorney General's decision in the Matter of M-S-, "announcing that immigrants in removal proceedings awaiting the determination of their application for asylum must be detained for the duration of that process, subject to release only under a highly-limited 'parole' system adjudicated solely by immigration officials." The plaintiffs added three new claims to challenge the Attorney General's decision; (1) that section § 1225(b)(1)(B)(ii) is unconstitutional, (2) that the Attorney General’s decision in Matter of M-S- violates section 1225(b)(1), and (3) Matter of M-S- should have been issued in notice and comment rulemaking. The plaintiffs also amended the complaint to add declaratory and injunctive relief mandating that the defendants do not follow a policy of denying bond hearings to noncitizens found to have a credible fear of persecution.

On May 28, 2019, in wake of the Attorney General's decision, the plaintiffs filed a Motion for Modification of the Existing Preliminary Injunction. The plaintiffs sought to have the preliminary injunction modified to ensure that class members found to have credible fear would be granted a bond hearing before an impartial adjudicator to determine if further detention is justified.

On July 2, 2019, Judge Pechman issued an order affirming the previously entered preliminary injunction and modifying the injunction to conclude that the Bond Hearing Class is constitutionally entitled to a bond hearing pending resolution of their asylum applications. Judge Pechman found that the statute denying these class members a bond hearing is unconstitutional because "any statute that provides for 'no bond hearing at all' is unlawful on its face." 387 F. Supp. 3d 1219.

On July 3, 2019, the defendants appealed the order affirming and modifying the preliminary injunction to the Ninth Circuit.

Only July 9, 2019, the defendants filed an Emergency Motion to Stay Pending Appeal the district court's preliminary injunction, arguing that the injunction will cause substantial harm to the defendants by "drastically limiting the government’s ability to enforce the immigration laws that Congress has written."

On July 12, 2019, the Ninth Circuit issued a temporary stay on the preliminary injunction to allow for the parties to file briefs on the Motion to Stay Pending Appeal.

On July 22, 2019, Circuit Judges Mary Schroeder, William Canby, and Morgan Christen issued an order granting in part and denying in part the defendants' Emergency Motion to Stay. The appeals court declined to stay the part of the district court injunction holding that the Bond Hearing Class is constitutionally entitled to bond hearings pending resolution of their asylum applications. The appeals court granted the motion to stay the part of the injunction regarding deadlines for requested bond hearings and the procedural guidelines for those bond hearings, finding that these procedures would impose a short-term hardship on the government and the immigration system.

After hearing oral argument in October 2019, on March 27, 2020, a Ninth Circuit panel (Judge Sidney R. Thomas, Judge Michael Daly Hawkins, and Judge Bridget S. Bade) issued an opinion and order affirming in part the district court's preliminary injunction and directing the district court to "reconsider some of the technical aspects of its order." 2020 WL 1482393. Writing for the panel, Judge Thomas concluded that the district court did not abuse its discretion in finding that the plaintiffs were likely to succeed on the merits of their due process claim regarding the availability of bond hearings, "that they are constitutionally entitled to individualized bond hearings before a neutral decisionmaker," and that "the theoretical availability of the habeas process did not alone satisfy due process." Moreover, Judge Thomas held that the district court did not abuse its discretion "in concluding that the plaintiffs would suffer irreparable harm absent the grant of a preliminary injunction," in the form of "substandard physical conditions, low standards of medical care, lack of access to attorneys and evidence as Plaintiffs prepare their cases, separation from their families, and retraumatization of a population already found to have legitimate circumstances of victimization." However, Judge Thomas vacated and remanded to the district court Part A of the preliminary injunction, which laid out the procedural guidelines for the required bond hearings, to further develop the factual record and to revisit the scope of the injunction.

Judge Bade dissented from the panel's opinion and order and concluded that:

"despite Congress unequivocally barring lower courts from issuing classwide injunctions against the operation of certain immigration statutes, the majority opinion gives a green light for the district courts in this circuit (as well as this court) to issue (and uphold) such relief. And, even if the district court had jurisdiction to issue injunctive relief, the preliminary injunction is overbroad and exceeds what the Constitution demands."
The defendants then filed a writ of certiorari in the Supreme Court of the Ninth Circuit’s decision on August 24, 2020. The case was docketed in the Supreme Court as No. 20-234. The parties agreed to stay the case while the cert petition was pending in the Supreme Court, and the district court stayed the case on September 11, 2020. The Supreme Court granted the cert petition on January 11, 2021. In the same order, it vacated the judgment and remanded the case the Ninth Circuit in light of the Court’s decision in Thuraissigiam v. U.S. Department of Homeland Security earlier in the summer.

On February 16, 2021, the defendants requested that Ninth Circuit stay appellate proceedings. The Ninth Circuit granted this motion and held the appeal in abeyance. It further directed the parties to file a status report within 60 days of how the case should proceed.

The case is ongoing.

Summary Authors

Alexandra Gilewicz (11/12/2018)

Aaron Gurley (6/1/2020)

Emily Kempa (3/21/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7270273/parties/padilla-v-us-immigration-and-customs-enforcement/


Judge(s)

Pechman, Marsha J. (Washington)

Thomas, Sidney Runyan (Montana)

Attorneys(s) for Plaintiff

Abrams, William F. (Washington)

Adams, Matthew (Matt) Hyrum (Washington)

Ahearne, Thomas Fitzgerald (Washington)

Balakrishnan, Anand V. (New York)

Boisen, Joanna Plichta (Washington)

Chiang, Emily (Washington)

Hodges, Benjamin J. (Washington)

Kang, Leila (Washington)

Judge(s)

Pechman, Marsha J. (Washington)

Thomas, Sidney Runyan (Montana)

Attorneys(s) for Plaintiff

Abrams, William F. (Washington)

Adams, Matthew (Matt) Hyrum (Washington)

Ahearne, Thomas Fitzgerald (Washington)

Balakrishnan, Anand V. (New York)

Boisen, Joanna Plichta (Washington)

Chiang, Emily (Washington)

Hodges, Benjamin J. (Washington)

Kang, Leila (Washington)

Korthuis, Aaron (Washington)

Macleod-Ball, Kristin A. (Massachusetts)

Madrid, Glenda Melinda Aldana (Washington)

Ormiston, Kevin (Washington)

Rabinovitz, Judy (New York)

Realmuto, Trina (Massachusetts)

Tan, Michael K. T. (New York)

Attorneys(s) for Defendant

Bingham, Lauren Crowell (District of Columbia)

Darrow, Joseph A. (District of Columbia)

Ramkumar, Archith (District of Columbia)

Wilson, Sarah S. (District of Columbia)

Documents in the Clearinghouse

Document

2:18-cv-00928

Docket [PACER]

Padilla v. US Immigration and Customs Enforcement

March 27, 2020

March 27, 2020

Docket
1

2:18-cv-00928

Complaint - Class Action for Injunctive and Declaratory Relief

Padilla v. US Immigration and Customs Enforcement

June 25, 2018

June 25, 2018

Complaint
91

2:18-cv-00928

Order on Motion to Dismiss

354 F.Supp.3d 1218

Dec. 11, 2018

Dec. 11, 2018

Order/Opinion
102

2:18-cv-00928

Order Granting Certification of the Classes

2019 WL 1056466

March 6, 2019

March 6, 2019

Order/Opinion
110

2:18-cv-00928

Order Granting Preliminary Injunction

379 F.Supp.3d 1170

April 5, 2019

April 5, 2019

Order/Opinion
130

2:18-cv-00928

Third Amended Complaint: Class Action for Injunctive and Declaratory

Padilla v. US Immigration and Customs Enforcement

May 20, 2019

May 20, 2019

Complaint
149

2:18-cv-00928

Order on Motions re: Preliminary Injunction

Padilla v. US Immigration and Customs Enforcement

387 F.Supp.3d 1219

July 2, 2019

July 2, 2019

Order/Opinion

19-35565

Opinion

U. S. Court of Appeals for the Ninth Circuit

953 F.3d 1134, 2020 WL 1482393

March 27, 2020

March 27, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7270273/padilla-v-us-immigration-and-customs-enforcement/

Last updated Aug. 6, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link

Add and Terminate Judges

June 25, 2018

June 25, 2018

PACER
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COMPLAINT against defendant(s) Alex M. Azar, II, L. Francis Cissna, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Office of Refugee Resettlement, US Citizenship and Immigration Services, US Customs and Border Protection, US Department of Health and Human Services, US Department of Homeland Security, US Immigration and Customs Enforcement (Receipt # 0981-5369615) Attorney Matt Adams added to party Ibis Guzman(pty:pla), Attorney Matt Adams added to party Blanca Orantes(pty:pla), Attorney Matt Adams added to party Yolany Padilla(pty:pla), filed by Ibis Guzman, Yolany Padilla, Blanca Orantes. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Azar, # 3 Summons CBP, # 4 Summons Cissna, # 5 Summons DHS, # 6 Summons HHS, # 7 Summons Homan, # 8 Summons ICE, # 9 Summons Lloyd, # 10 Summons McAleenan, # 11 Summons Moore, # 12 Summons Nielsen, # 13 Summons ORR, # 14 Summons USCIS)(Adams, Matt) (Entered: 06/25/2018)

1 Civil Cover Sheet

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2 Summons Azar

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3 Summons CBP

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4 Summons Cissna

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5 Summons DHS

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6 Summons HHS

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7 Summons Homan

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8 Summons ICE

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9 Summons Lloyd

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10 Summons McAleenan

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11 Summons Moore

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12 Summons Nielsen

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13 Summons ORR

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14 Summons USCIS

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June 25, 2018

June 25, 2018

Clearinghouse

Judge Marsha J. Pechman added. (ST)

June 25, 2018

June 25, 2018

PACER
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Summons(es) Electronically Issued as to defendant(s) Alex M. Azar, II, L. Francis Cissna, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Office of Refugee Resettlement, US Citizenship and Immigration Services, US Customs and Border Protection, US Department of Health and Human Services, US Department of Homeland Security, US Immigration and Customs Enforcement, (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons)(ST) (Entered: 06/25/2018)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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June 25, 2018

June 25, 2018

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NOTICE of Appearance by attorney Thomas Fitzgerald Ahearne on behalf of Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla. (Ahearne, Thomas) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

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APPLICATION OF ATTORNEY William F. Abrams FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla (Fee Paid) Receipt No. 0981-5375032 (Ahearne, Thomas) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

RECAP

Attorneys Joanna Plichta,Benjamin J Hodges,and Kevin Ormiston added as counsel for Ibis Guzman, Blanca Orantes, and Yolany Padilla per 3 Notice of Appearance. (PM)

June 28, 2018

June 28, 2018

PACER

Add and Terminate Attorneys

June 28, 2018

June 28, 2018

PACER
5

ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney William F. Abrams for Plaintiff Ibis Guzman, Blanca Orantes, and Yolany Padilla, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
6

MINUTE ORDER reminding parties of the necessity to adhere to the formatting requirements set out in the Local Rules; specifically, the formatting requirements set out in LCR 10(c)(1). Authorized by Judge Marsha J. Pechman. (PM) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

RECAP
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MINUTE ORDER clarifying to parties that all pleadings filed before this Court must be in font which is 12 point Times New Roman or larger. Pleadings filed in any other font type will not be accepted. Authorized by Judge Marsha J. Pechman. (PM) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

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AMENDED COMPLAINT against All Defendants, filed by Yolany Padilla.(Ahearne, Thomas) (Entered: 07/15/2018)

July 15, 2018

July 15, 2018

RECAP

Party Baltazar Vasquez as Plaintiff; Executive Office for Immigration Review, Jefferson Beauregard Sessions, III, Lowell Clark, Charles Ingram and David Shinn added as defendants per 8 Amended Complaint. (PM)

July 16, 2018

July 16, 2018

PACER

Add and Terminate Parties

July 16, 2018

July 16, 2018

PACER
9

PRAECIPE TO ISSUE SUMMONS re 8 Amended Complaint by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez (Attachments: # 1 Summons Executive Office for Immigration Review, # 2 Summons Jefferson Sessions, # 3 Summons Lowell Clark, # 4 Summons Charles Ingram, # 5 Summons David Shinn)(Ahearne, Thomas) (Entered: 07/16/2018)

1 Summons Executive Office for Immigration Review

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2 Summons Jefferson Sessions

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3 Summons Lowell Clark

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4 Summons Charles Ingram

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5 Summons David Shinn

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July 16, 2018

July 16, 2018

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Summons(es) Electronically Issued as to defendant(s) Executive Office for Immigration Review (main document), (Attachments: # 1 Summons Jefferson Beauregard Sessions, III, # 2 Summons Lowell Clark, # 3 Summons Charles Ingram, # 4 Summons David Shinn)(PM) (Entered: 07/17/2018)

1 Summons Jefferson Beauregard Sessions, III

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2 Summons Lowell Clark

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3 Summons Charles Ingram

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4 Summons David Shinn

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July 17, 2018

July 17, 2018

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MOTION to Certify Class, filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 8/24/2018, (Ahearne, Thomas) (Entered: 07/30/2018)

1 Proposed Order

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July 30, 2018

July 30, 2018

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DECLARATION of Glenda M. Aldana Madrid filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 11 MOTION to Certify Class (Ahearne, Thomas) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

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DECLARATION of Ashleen O'Brien filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 11 MOTION to Certify Class (Ahearne, Thomas) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

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DECLARATION of Matt Adams filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 11 MOTION to Certify Class (Ahearne, Thomas) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

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DECLARATION of Thomas F. Ahearne filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 11 MOTION to Certify Class (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Ahearne, Thomas) (Entered: 07/30/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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July 30, 2018

July 30, 2018

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CERTIFICATE OF SERVICE by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 13 Declaration, 14 Declaration, 15 Declaration, 12 Declaration, 11 MOTION to Certify Class (Ahearne, Thomas) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

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ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 9/11/2018, FRCP 26f Conference Deadline is 8/28/2018, Initial Disclosure Deadline is 9/4/2018, by Judge Marsha J. Pechman. (RM) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

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AFFIDAVIT of Mailing of Summons and Complaint to US Attorney's Office; ICE; DHS; CBP; USCIS; HHS; ORR; Thomas Homan; Kirstjen Nielsen; Kevin K. McAleenan; L. Francis Cissna; Alex M. Azar II; Scott Lloyd; Marc J. Moore on 6/27/2018, filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez. (Adams, Matt) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

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AFFIDAVIT of Mailing of Summons and Complaint to EOIR; Jefferson B. Sessions III; Lowell Clark; Charles Ingram; David Shinn on 7/17/2018, filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez. (Adams, Matt) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

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NOTICE of Appearance by attorney Joseph A. Darrow on behalf of Defendants Alex M. Azar, II, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, Scott Lloyd, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, David Shinn, US Citizenship and Immigration Services, US Customs and Border Protection, US Department of Health and Human Services, US Department of Homeland Security, US Immigration and Customs Enforcement. (Darrow, Joseph) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

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NOTICE of Appearance by attorney Lauren C. Bingham on behalf of Defendants Alex M. Azar, II, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, Scott Lloyd, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, David Shinn, US Citizenship and Immigration Services, US Customs and Border Protection, US Department of Health and Human Services, US Department of Homeland Security, US Immigration and Customs Enforcement. (Bingham, Lauren) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

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NOTICE that the following is RE-NOTED: 11 MOTION to Certify Class . Filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez. Noting Date 9/28/2018, (Hodges, Benjamin) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

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STIPULATION AND PROPOSED ORDER REGARDING MOTION BRIEFING SCHEDULE by parties (Hodges, Benjamin) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

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STIPULATION AND ORDER per parties' 23 Stipulation. IT IS SO ORDERED. After filing of the Second Amended Complaint on August 22, 2018, defendants' motion to dismiss will be due September 5 and noted for September 28. Plaintiffs' response to the motion to dismiss will be due September 24, and defendants' reply will be due September 28. Defendants' response to plaintiffs' pending renoted Motion for Class Certification (Dkt. # 11 ) is due September 17, and plaintiffs' reply is due September 28. Signed by Judge Marsha J. Pechman. (PM) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

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NOTICE Regarding Second Amended Complaint and Stipulation ; filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez. (Attachments: # 1 Exhibit Exhibit A & B)(Hodges, Benjamin) (Entered: 08/22/2018)

1 Exhibit Exhibit A & B

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Aug. 22, 2018

Aug. 22, 2018

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Second AMENDED COMPLAINT CLASS ACTION FOR INJUNCTIVE AND DECLARATORY RELIEF against defendant(s) L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, David Shinn, US Citizenship and Immigration Services, US Customs and Border Protection, US Department of Homeland Security, US Immigration and Customs Enforcement, James Janecka, filed by Ibis Guzman, Yolany Padilla, Blanca Orantes, Baltazar Vasquez.(Adams, Matt) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

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APPLICATION OF ATTORNEY Trina Realmuto FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez (Fee Paid) Receipt No. 0981-5445052 (Adams, Matt) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

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APPLICATION OF ATTORNEY Kristin Macleod-Ball FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez (Fee Paid) Receipt No. 0981-5445053 (Adams, Matt) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

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ORDER re 27 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Trina Realmuto for Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, and Baltazar Vasquez, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
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ORDER re 28 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kristin Macleod-Ball for Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, and Baltazar Vasquez, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
31

JOINT STIPULATION AND ORDER REGARDING MOTION BRIEFING SCHEDULE signed by Judge Marsha J. Pechman. After filing of the Second Amended Complaint on August 22, 2018, defendants' motion to dismiss will be due September 5 and noted for September 28. Plaintiffs' response to the motion to dismiss will be due September 24, and defendants' reply will be due September 28. Defendants' response to plaintiffs' pending renoted Motion for Class Certification (Dkt. # 11 ) is due September 17, and plaintiffs' reply is due September 28. (PM) (Entered: 08/29/2018)

Aug. 28, 2018

Aug. 28, 2018

RECAP
32

MINUTE ORDER: At the request of the parties, an extension of time to file the joint status report is granted. The report will be due on 10/11/2018. All other FRCP 26-related dates are adjusted accordingly. Failure to adhere to these deadlines may result in sanctions, up to and including dismissal of this action. Authorized by Judge Marsha J. Pechman. (RM) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
33

Stipulated MOTION Regarding Briefing Schedule, filed by Defendants L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, David Shinn, US Citizenship and Immigration Services, US Customs and Border Protection, US Department of Homeland Security, US Immigration and Customs Enforcement. Noting Date 9/4/2018, (Bingham, Lauren) (Entered: 09/02/2018)

Sept. 2, 2018

Sept. 2, 2018

RECAP
34

STIPULATON AND ORDER regarding motion briefing schedule re parties' 33 Stipulated Motion, signed by Judge Marsha J. Pechman. (SWT) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

RECAP
35

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Joanna Plichta Boisen; Benjamin J Hodges; Kevin Ormiston; William F. Abrams and Thomas Fitzgerald Ahearne for Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez. (Hodges, Benjamin) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

RECAP
36

MOTION to Dismiss, filed by Defendants L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, David Shinn, US Citizenship and Immigration Services, US Customs and Border Protection, US Department of Homeland Security, US Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Vasquez Bond Order, # 2 Proposed Order) Noting Date 9/28/2018, (Bingham, Lauren) (Entered: 09/06/2018)

1 Exhibit Vasquez Bond Order

View on PACER

2 Proposed Order

View on PACER

Sept. 6, 2018

Sept. 6, 2018

RECAP
37

Amended MOTION to Certify Class, filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 9/28/2018, (Aldana Madrid, Glenda) (Entered: 09/06/2018)

1 Proposed Order

View on PACER

Sept. 6, 2018

Sept. 6, 2018

RECAP
38

DECLARATION of Trina Realmuto filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 37 Amended MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

RECAP
39

DECLARATION of Carlos Moctezuma Garcia filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 37 Amended MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

RECAP
40

DECLARATION of Priya A. Patel filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 37 Amended MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

RECAP
41

DECLARATION of Kelly M.L. Rojas filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 37 Amended MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

RECAP
42

DECLARATION of K. Russell filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 37 Amended MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

RECAP
43

DECLARATION of Benjamin E. Stein filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 37 Amended MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

RECAP
44

DECLARATION of Timothy Warden-Hertz filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 37 Amended MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

RECAP
45

MOTION for Preliminary Injunction, filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 10/12/2018, (Adams, Matt) (Entered: 09/20/2018)

1 Proposed Order

View on PACER

Sept. 20, 2018

Sept. 20, 2018

RECAP
46

DECLARATION of Carolina Antonini filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
47

DECLARATION of Eduardo Beckett filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
48

DECLARATION of Anna Byers filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
49

DECLARATION of Holly S. Cooper filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
50

DECLARATION of Talia Inlender filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
51

DECLARATION of Jeremy Jong filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
52

DECLARATION of Jennifer Lee Koh filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
53

DECLARATION of Taylor Levy filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
54

DECLARATION of Allegra S. Love filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
55

DECLARATION of Laura P. Lunn filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
56

DECLARATION of Hilario Mercado, Jr. filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
57

DECLARATION of Blanca Orantes filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
58

DECLARATION of Jessica Shulruff Schneider filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
59

DECLARATION of Jocelyn L. Valencia filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
60

DECLARATION of Edna Yang filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
61

DECLARATION of Baltazar Vasquez filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez re 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

RECAP
62

DECLARATION of Aaron Hull filed by Defendants Alex M. Azar, II, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Scott Lloyd, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, David Shinn, US Customs and Border Protection, US Department of Health and Human Services, US Department of Homeland Security, US Immigration and Customs Enforcement, United StatesCitizenship and Immigration Services re 45 MOTION for Preliminary Injunction (Darrow, Joseph) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

RECAP
63

DECLARATION of Sidney K. Aki filed by Defendants Alex M. Azar, II, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Scott Lloyd, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, David Shinn, US Customs and Border Protection, US Department of Health and Human Services, US Department of Homeland Security, US Immigration and Customs Enforcement, United StatesCitizenship and Immigration Services re 45 MOTION for Preliminary Injunction (Darrow, Joseph) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

RECAP
64

DECLARATION of John L. Lafferty filed by Defendants Alex M. Azar, II, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Scott Lloyd, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, David Shinn, US Customs and Border Protection, US Department of Health and Human Services, US Department of Homeland Security, US Immigration and Customs Enforcement, United StatesCitizenship and Immigration Services re 45 MOTION for Preliminary Injunction (Darrow, Joseph) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

RECAP
65

DECLARATION of David W. Jennings filed by Defendants Alex M. Azar, II, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Scott Lloyd, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, David Shinn, US Customs and Border Protection, US Department of Health and Human Services, US Department of Homeland Security, US Immigration and Customs Enforcement, United StatesCitizenship and Immigration Services re 37 Amended MOTION to Certify Class (Darrow, Joseph) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

RECAP
66

DECLARATION of Joe Neifert filed by Defendants Alex M. Azar, II, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Scott Lloyd, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, David Shinn, US Customs and Border Protection, US Department of Health and Human Services, US Department of Homeland Security, US Immigration and Customs Enforcement, United StatesCitizenship and Immigration Services re 37 Amended MOTION to Certify Class (Darrow, Joseph) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

RECAP
67

DECLARATION of Hilma Torres filed by Defendants Alex M. Azar, II, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Scott Lloyd, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, David Shinn, US Customs and Border Protection, US Department of Health and Human Services, US Department of Homeland Security, US Immigration and Customs Enforcement, United StatesCitizenship and Immigration Services re 37 Amended MOTION to Certify Class (Darrow, Joseph) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

RECAP
68

RESPONSE, by Defendants Alex M. Azar, II, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Scott Lloyd, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, David Shinn, US Customs and Border Protection, US Department of Health and Human Services, US Department of Homeland Security, US Immigration and Customs Enforcement, United StatesCitizenship and Immigration Services, to 37 Amended MOTION to Certify Class . (Attachments: # 1 Exhibit A - Guzman Bond Order)(Darrow, Joseph) (Entered: 09/24/2018)

1 Exhibit A - Guzman Bond Order

View on PACER

Sept. 24, 2018

Sept. 24, 2018

RECAP
69

RESPONSE, by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez, to 36 MOTION to Dismiss . Oral Argument Requested. (Kang, Leila) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

RECAP
70

PRAECIPE re 42 Declaration of Kathrine Russell re: 37 Amended Motion for Class Certification by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez (Attachments: # 1 Exhibit)(Adams, Matt) Modified on 9/27/2018 to add link and language re: amended motion for class certification (PM). (Entered: 09/26/2018)

1 Exhibit

View on PACER

Sept. 26, 2018

Sept. 26, 2018

RECAP
71

NOTICE of Appearance by attorney Sarah S. Wilson on behalf of Defendants L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, David Shinn, US Customs and Border Protection, US Department of Homeland Security, US Immigration and Customs Enforcement, United StatesCitizenship and Immigration Services. (Wilson, Sarah) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

RECAP
72

REPLY, filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez, TO RESPONSE to 37 Amended MOTION to Certify Class (Attachments: # 1 Citation Dist. Ct. decision cited to)(Adams, Matt) (Entered: 09/28/2018)

1 Citation Dist. Ct. decision cited to

View on PACER

Sept. 28, 2018

Sept. 28, 2018

RECAP
73

DECLARATION of Yolany Padilla filed by Plaintiff Yolany Padilla re 37 Amended MOTION to Certify Class (Adams, Matt) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

RECAP
74

DECLARATION of Ibis Guzman filed by Plaintiff Ibis Guzman re 37 Amended MOTION to Certify Class (Adams, Matt) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

RECAP
75

Second DECLARATION of Blanca Orantes filed by Plaintiff Blanca Orantes re 37 Amended MOTION to Certify Class (Adams, Matt) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

RECAP
76

REPLY, filed by Defendants L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, David Shinn, US Customs and Border Protection, US Department of Homeland Security, US Immigration and Customs Enforcement, United StatesCitizenship and Immigration Services, TO RESPONSE to 36 MOTION to Dismiss (Wilson, Sarah) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

RECAP
77

Stipulated MOTION Regarding Motion for Preliminary Injunction Briefing Schedule, filed by Defendants L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, David Shinn, US Customs and Border Protection, US Department of Homeland Security, US Immigration and Customs Enforcement, United StatesCitizenship and Immigration Services. Noting Date 10/1/2018, (Bingham, Lauren) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

RECAP
78

ORDER re: parties' 77 Stipulated Motion. Defendants' response to Plaintiffs' 45 MOTION for Preliminary Injunction due 10/17/2018; Plaintiffs' reply due 10/26/2018; Plaintiffs' 45 MOTION for Preliminary Injunction is re-noted for 10/26/2018. Signed by Judge Marsha J. Pechman. (PM) (Entered: 10/04/2018)

Oct. 3, 2018

Oct. 3, 2018

RECAP
79

Stipulated MOTION Regarding Exchange of Initial Disclosures and Submission of 26(f) report, filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez. Noting Date 10/11/2018, (Adams, Matt) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

RECAP
80

NOTICE of Appearance by attorney Aaron Korthuis on behalf of Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez. (Korthuis, Aaron) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

RECAP
81

STIPULATION AND ORDER Regarding Exchange of Initial Disclosures and Submission of 26(f) Report re parties' 79 Stipulated Motion. The parties shall exchange initial disclosures by November 5, 2018. The parties shall submit their 26(f) report by November 12, 2018. Signed by Judge Marsha J. Pechman. (TH) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

RECAP
82

RESPONSE, by Defendants L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, David Shinn, US Customs and Border Protection, US Department of Homeland Security, US Immigration and Customs Enforcement, United StatesCitizenship and Immigration Services, to 45 MOTION for Preliminary Injunction . (Wilson, Sarah) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

RECAP
83

MOTION for Relief from Deadlines, filed by Defendants L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, David Shinn, US Customs and Border Protection, US Department of Homeland Security, US Immigration and Customs Enforcement, United StatesCitizenship and Immigration Services. (Attachments: # 1 Proposed Order) Noting Date 10/26/2018, (Bingham, Lauren) (Entered: 10/18/2018)

1 Proposed Order

View on PACER

Oct. 18, 2018

Oct. 18, 2018

RECAP
84

RESPONSE, by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez, to 83 MOTION for Relief from Deadlines. (Korthuis, Aaron) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

RECAP
85

REPLY, filed by Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez, TO RESPONSE to 45 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

RECAP
86

RESPONSE, filed by Defendants L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, David Shinn, US Customs and Border Protection, US Department of Homeland Security, US Immigration and Customs Enforcement, United StatesCitizenship and Immigration Services, TO REPLY to 83 MOTION for Relief from Deadlines (Bingham, Lauren) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

RECAP

Set Oral Argument on 36 MOTION to Dismiss : Motion Hearing set for 11/20/2018 at 1:30 PM before Judge Marsha J. Pechman. (LW)

Nov. 7, 2018

Nov. 7, 2018

PACER

Set/Reset Oral Argument on Motion

Nov. 7, 2018

Nov. 7, 2018

PACER
87

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Glenda Melinda Aldana Madrid for Plaintiffs Ibis Guzman, Blanca Orantes, Yolany Padilla, Baltazar Vasquez. (Aldana Madrid, Glenda) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

RECAP
88

Joint Stipulated MOTION Regarding 26(f) Report, filed by Defendants L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J Moore, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, David Shinn, US Customs and Border Protection, US Department of Homeland Security, US Immigration and Customs Enforcement, United StatesCitizenship and Immigration Services. Noting Date 11/9/2018, (Bingham, Lauren) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

RECAP
89

JOINT STIPULATION AND ORDER regarding submission of 26(f) report re parties' 88 Stipulated Motion: The parties shall submit their 26(f) within two weeks of Court's ruling on pending motion for certification. Signed by Judge Marsha J. Pechman.(SWT) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

RECAP
90

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Lowell Williams; Pla Counsel: Matt Adams, Leila Kang, Aaron Korthuis, Trina Realmuto (by phone); Def Counsel: Sarah Wilson, Brianna Evans; CR: Andrea Ramirez; Time of Hearing: 1:30 PM; Motion Hearing held on 11/20/2018 re 36 MOTION to Dismiss filed by Jefferson Beauregard Sessions, III, US Immigration and Customs Enforcement, Thomas Homan, L. Francis Cissna, US Department of Homeland Security, James Janecka, Marc J Moore, David Shinn, Charles Ingram, Lowell Clark, Kirstjen Nielsen, Executive Office for Immigration Review, US Customs and Border Protection, Kevin K. McAleenan, United StatesCitizenship and Immigration Services. Court hears argument from counsel and takes matter under advisement. Court advises counsel that its ruling will issue in 14 days. (LW) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
91

ORDER granting in part and denying in part Defendants' 36 Motion to Dismiss. Plaintiffs' claims relating to violations of the Administrative Procedures Act are DISMISSED with prejudice (except as to the claims of the Bond Hearing class for certain procedural safeguards); the motion to dismiss the remainder of Plaintiffs' claims is DENIED. Signed by Judge Marsha J. Pechman. (PM) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

Clearinghouse
92

MOTION for Reconsideration re 91 Order on Motion to Dismiss,, filed by Defendants L Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J Moore, Kirstjen M Nielsen, Jefferson Beauregard Sessions, III, David Shinn, US Customs and Border Protection, US Department of Homeland Security, US Immigration and Customs Enforcement, United StatesCitizenship and Immigration Services. (Attachments: # 1 Proposed Order) Noting Date 12/26/2018, (Wilson, Sarah) (Entered: 12/26/2018)

1 Proposed Order

View on PACER

Dec. 26, 2018

Dec. 26, 2018

RECAP

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 25, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Credible Fear Interview Class: All detained asylum seekers in the United States subject to expedited removal proceedings who are not provided a credible fear determination within 10 days of requesting asylum or expressing a fear of persecution to a DHS official. Bond Hearing Class: All detained asylum seekers who entered the United States without inspection, determined to have a credible fear of persecution, but are not provided a bond hearing within 7 days of requesting a bond hearing.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Northwest Immigrant Rights Project (NWIRP)

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

US Immigration and Customs Enforcement , Federal

Defendant Type(s):

Law-enforcement

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.

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

Content of Injunction:

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

Preliminary relief granted

Issues

General:

Family reunification

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Placement in detention facilities

Immigration/Border:

Asylum - procedure

Constitutional rights

Detention - criteria

Detention - procedures

Family Separation

Refugees