Case: Afghan and Iraqi Allies v. Pompeo

1:18-cv-01388 | U.S. District Court for the District of District of Columbia

Filed Date: June 12, 2018

Case Ongoing

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Case Summary

Background After long delays in the processing of their Special Immigrant Visa (SIV) applications, a group of Afghans and Iraqis who worked for the U.S. government to support U.S. missions in their home countries, filed this class action challenge against the Departments of State (DOS) and Homeland Security (DHS). The plaintiffs, represented by the International Refugee Assistance Project (IRAP) and the law firm Freshfields Bruckhaus Deringer LLP, filed the lawsuit on June 12, 2018, in the U.S.…

Background

After long delays in the processing of their Special Immigrant Visa (SIV) applications, a group of Afghans and Iraqis who worked for the U.S. government to support U.S. missions in their home countries, filed this class action challenge against the Departments of State (DOS) and Homeland Security (DHS). The plaintiffs, represented by the International Refugee Assistance Project (IRAP) and the law firm Freshfields Bruckhaus Deringer LLP, filed the lawsuit on June 12, 2018, in the U.S. District Court for the District of Columbia. Seeking declaratory and mandamus relief, they alleged that the ongoing delays in the processing of their SIV applications violated the Refugee Crisis in Iraq Act of 2007 (RCIA), the Afghan Allies Protection Act of 2009 (AAPA), and the Administrative Procedure Act. Before filing their complaint, Judge Beryl A. Howell granted the plaintiffs' motion for leave to file their complaint under pseudonyms, noting that disclosure of the plaintiffs' names would put their safety and well-being in serious jeopardy and also have minimal public benefit. Along with their complaint, the plaintiffs requested class certification, proposing a class of:

All people who have applied for an Afghan or Iraqi SIV pursuant to the [AAPA] and [RCIA] by submitting an application for COM (Chief of Mission, i.e. the principal officer in charge of the diplomatic missions in Afghanistan and Iraq) approval and whose applications have been in government-controlled steps for longer than nine months.

As the U.S. military and diplomatic missions in Iraq and Afghanistan wore on and Iraqis and Afghans who supported the U.S. government found their safety increasingly threatened, Congress enacted the SIV program in 2008 (for Iraqis) and 2009 (for Afghans) in order to allow them to legally migrate to the United States. In 2013, Congress amended the SIV laws to mandate that the processing of SIV applications be completed within nine months to remedy the severe backlog. According to the plaintiffs, the backlogs persisted. By 2015, DOS and DHS faced at least two lawsuits from separate groups of SIV applicants seeking to have the deadline enforced. This was after a court rejected its motion to dismiss in one of the cases. The government agreed to adjudicate the SIV applications promptly for both groups of plaintiffs. Nine Iraqi Allies Under Serious Threat Because of Their Faithful Service to the United States v. Kerry; Doe v. United States Department of State.

Here, the plaintiffs alleged that their claims were largely identical to those in the 2015 cases, the only difference being that they sought relief for the whole class of SIV applicants experiencing delays, as opposed to just one subset.

The government filed its opposition to the plaintiffs’ class certification on July 26, 2018, arguing that the proposed class was overbroad because it would encompass some individuals who would never be in a position to apply for an actual visa. The government also filed a motion to dismiss on August 13, 2018. The government argued that the plaintiffs’ case should be dismissed because: (1) the plaintiffs lacked standing to sue the government, and (2) the plaintiffs failed to state claims because Congress’ nine-month deadline was not actually mandatory.

Meanwhile, the plaintiffs filed a motion for a preliminary injunction on September 7, 2018. They sought a declaration that the processing delays were unreasonable, an order that the government provide a plan to promptly process the applications, and an order that the government submit reports every 30 days to show their progress on their processing plan.

Judge Tanya Chutkan denied the government’s motion to dismiss on January 30, 2019, holding that the plaintiffs did have standing under the precedent of Nine Iraqi Allies Under Serious Threat. Moreover, even though the nine-month deadline was not mandatory, it could be used as a benchmark to assess whether the delays were unreasonable. 2019 WL 367841.

Finding of "Unreasonable Delay" and the First Adjudication Plan

During a motions hearing in July 2019, the court consolidated the hearing on the preliminary injunction with the "trial on the merits," thereby converting the plaintiffs' motion into a summary judgment motion. On September 20, 2019, the court granted the motion in part. 2019 WL 4575565. Finding that the defendants’ delays in the processing and adjudication of the plaintiffs’ SIV applications were unreasonable in light of the RCIA and the AAPA, the court ordered that the defendants submit a plan for promptly processing and adjudicating the applications of current class members within thirty days of the resolution of the class certification dispute. Following this initial submission, the plaintiffs were required to file any objections to the plan within twenty-one days. And following court approval of the plan, the defendants were required to submit progress reports every sixty days. The government sought reconsideration of the order on October 18, 2019, which the court denied on February 5, 2020. Judge Chutkan concluded that the defendants' assertions — which concerned when the nine-month timetable began and whether the court had erred in finding the defendants unreasonably delayed adjudicating applications — were unpersuasive. 2020 WL 587878.

On the same day, the court issued a separate opinion granting plaintiffs' motion for class certification, accepting the plaintiff’s definition of the relevant class. Judge Chutkan found that the defendants had a "non-discretionary duty to fully adjudicate applications without unreasonable delay" and that granting the class would "efficiently and effectively bring the defendants into compliance with that statutory duty." 2020 WL 590121. Throughout the course of the litigation, the court frequently consolidated cases with this lead one where the plaintiffs in the other cases met the class definition, would not have been able to obtain separate relief, and their cases involved the same legal and factual issues as the present case.

On February 10, 2020, the court set a deadline for March 5, 2020, for the government to submit a plan to promptly process and adjudicate the applications of current class members. Two weeks later, on February 24, 2020, the government filed a motion to temporarily stay the preliminary injunction, in order to "align the deadline for submission of the plan with defendants’ deadline to submit a notice of appeal." The government argued that the requirement that they submit an adjudication plan before they are required to appeal is prejudicial, as it would adversely affect their decision-making on whether to appeal and file a stay pending appeal. The court denied the stay motion on March 4, 2020, finding that "the balance of judicial economy and prejudice to the parties does not weigh in favor of a stay."

The next day, in accordance with the preliminary injunction, the government filed its proposed adjudication plan. To more effectively process and adjudicate applications, they proposed to "process principal aliens before derivative aliens," limit repeat applications, and impose deadlines for the submission and verification of documents, among other measures.

On March 19, 2020, the plaintiffs filed a motion for contempt, or, in the alternative, to enforce the court's September 2019 and February 2020 orders. The plaintiffs asserted that the government's proposed plan was inadequate because it lacked a proposed timetable for adjudication and an accurate method for identifying class members. The plaintiffs further contended that the proposed plan did "not commit to reducing the time Defendants spend adjudicating applications and instead cut off opportunities for SIV applicants to establish their qualifications." The government argued that the motion should be denied because plaintiffs had veered from the court's sequence for arriving at a final plan and because the motion was based on inferences as to what the court’s order required.

The defendants filed a motion to decertify the class on March 23, 2020, asserting that changes had been made under the AAPA, such that the plaintiffs could no longer demonstrate commonality, typicality, or adequacy, and making class-wide relief inconsistent with the AAPA. The manner in which the applications of Afghan class members were processed was modified to "give preferential treatment to higher-priority applicants." The plaintiffs argued that the parties had already briefed this change and that the Court had already rejected the argument.

The government filed a motion to dismiss in part the plaintiffs' amended class complaint for lack of subject matter jurisdiction on April 6, 2020. They argued that three of plaintiffs' claims were moot due to the Court granting relief under the APA and the government designating coordinators as required by the RCIA and the APA.

The court issued an order requiring the parties to file a joint proposed adjudication plan on April 15, 2020. It ordered that the proposed plan "target defendant’s processing time rather than applicant deadlines" and include the following:

"A clear basis by which the court and Plaintiffs can evaluate Defendants’ progress in remedying the unreasonable delay such as target timeframes for processing class member applications and interim benchmarks for achieving those targets"
"A proposal for identifying class members consistent with the class certification order"
"A proposed format for progress reports"

Judge Chutkan concluded that defendants' conduct did not warrant a finding of contempt but that the proposed adjudication plan was misguided and inadequate, writing: "Most fundamentally, the plan fails to commit to reducing the time that Defendants spend adjudicating applications. Instead, it targets SIV applicants and forces a reduction in their time to submit materials."

The parties submitted a proposed joint adjudication plan on May 21, 2020. A press release from IRAP stated that "according to the new plan, the government will adjudicate an estimated 10,000 outstanding applications, completing all government-controlled steps within agreed upon timeframes. For example, Chief of Mission approval, which verifies an applicant’s employment supporting U.S. missions, must be granted or denied within 120 days." The proposed plan also required the government to submit a report on the progress of these adjudications every 90 days. Under the plan, defendants are required to report on their performance, and, if their performance did not meet the target timeframe, explain why performance was lacking. On June 14, 2020, the Court approved the plan.

The Court denied defendants' motion to de-certify the class on June 23, 2020. The Court acknowledged recent policy changes, but reasoned that these changes "do not alter the questions that were previously decided by this court." As such, the "same issue" should "lead to the same result."

Defendants filed a notice of an interlocutory appeal to the U.S. Court of Appeals for the District of Columbia Circuit on August 12, 2020, challenging six of the District Court's prior orders:

The September 20, 2019, order converting plaintiffs' motion for preliminary injunction into a summary judgment and granting it in part.
The February 5, 2020, order denying defendants' motion for reconsideration of the previously mentioned order.
The February 5, 2020, order granting plaintiff's motion for class certification.
The April 15, 2020, order requiring parties to submit a joint adjudication plan.
The June 14, 2020, order approving the aforementioned joint adjudication plan.
The June 23, 2020, order denying defendants' motion to de-certify the class.

At the appellate court on October 5, 2020, the plaintiffs filed a motion to dismiss for lack of jurisdiction. They argued that there was no appealable injunction and that the orders in question were time-barred until final judgment. The defendants ultimately filed for voluntary dismissal of this appeal due to ongoing settlement discussions (see below), which the appellate court granted on September 16, 2021.

Back at the District Court, the defendants moved for entry of a final judgment on December 11, 2020. In the alternative, the defendants sought a partial final judgment for counts one and two of the amended complaint. The defendants cited the Court's approval of the joint adjudication plan, which established procedures for the prompt processing of SIV applications. Because the plaintiffs had been seeking redress for delayed processing of SIV applications, the defendants argued that accepting the plan effectively already rendered a final judgment — plaintiffs had received the relief sought and there was "simply nothing more for the court to adjudicate."

Executive Review of the SIV Programs and the Second Adjudication Plan

Then, on February 2, 2021, President Biden signed Executive Order 14012, which required the Secretary of State, the Attorney General, and the Secretary of Homeland Security to conduct a comprehensive review to "identify barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits and make recommendations on how to remove these barriers, as appropriate and consistent with applicable law." Further, on February 4, 2021, President Biden signed Executive Order 14013, which required the Secretary of State, in consultation with the Secretary of Defense and the Secretary of Homeland Security, to "complete a review of the Iraqi and Afghan SIV programs and submit a report to the President with recommendations of any concerns identified" within 180 days.

Believing that the executive orders might ultimately have a mooting effect on the litigation, the defendants requested a full stay of litigation in the March 5, 2021 joint status report to the court. The defendants stated that they intended to use this time to review the SIV programs, monitor SIV applications and adjudications, and engage in settlement negotiations with the plaintiffs. The plaintiffs objected to the stay, as well as the defendants’ use of the joint status report to make a unilateral request. On May 27, 2021, the court responded by ordering the parties to meet, confer, and file a joint status report on: 1) any recent developments affecting the litigation; 2) any portion(s) of the case the parties believed were mooted by the defendants' actions in response to the executive orders; and 3) any portion(s) of the case the parties wished to stay.

Upon joint motion from the parties, the court granted a temporary stay of the adjudication plan and monitoring reports so that the parties could pursue settlement negotiations. The parties later agreed to extend the stay to March 16, 2022. In light of the continuing discussions, the court subsequently denied without prejudice the defendants’ motion to dismiss and motion for final judgment. However, settlement talks began to stall, and by March 2022, the plaintiffs refused to agree to another extension of the stay. The defendants filed a motion requesting that the court continue the stay and allow the parties to file separate reports on whether intervening events had mooted any of the issues. In response, the plaintiffs filed a cross motion to lift the stay and opposed the defendants' motion for leave to file a response. The court granted each of these motions in part, extending the stay but requiring a joint response from the parties. The plaintiffs appealed this decision in June. The appellate court first denied the motion for summary reversal and the alternative requests for a stay and expedited consideration. 2022 WL 3136486. The appellate court subsequently dismissed the appeal in November for lack of jurisdiction. 2022 WL 19842476.

Meanwhile, on May 24, 2022, the defendants asked the court to reconsider its partial grant of summary judgment to the plaintiffs, conclude that there was no longer unreasonable delay, and vacate the adjudication plan. The government pointed to both external and internal changes over the past two years that streamlined the application process, as well as the administrative burdens that the adjudication plan created. In response, the plaintiffs filed a cross motion arguing that the changes in recent years did not justify disturbing the court's partial summary judgment decision or the adjudication plan. The plaintiffs additionally requested that any plan modifications be overseen by a magistrate judge, and that the court enforce and clarify its partial summary judgment decision by lifting the stay, ordering the government to report on all class members' statuses within 30 days, imposing additional tracking and reporting measures, and declaring that the adjudication plan covered class members added since 2020.

On November 30, 2022, the court granted both of these motions in part, reconsidering its prior partial grant of summary judgment to the plaintiffs. 643 F.Supp.3d 148. While finding that the government had made some alterations to the SIV visa adjudication process, the court concluded that the government had continued to engage in unreasonable delay. Thus, instead of terminating relief, the court instead temporarily referred the case to a magistrate judge to oversee the development of a new plan that included new plaintiffs who had recently joined the class as a result of consolidation. The court ordered that the government submit both a report detailing the progress of the plaintiffs' applications through the application process and a new adjudication plan. The court stayed the original adjudication plan while the parties developed a new plan, but cautioned the government that significant delay or noncompliance could result in the stay being lifted. Magistrate Judge Moxila A. Upadhyaya was assigned to oversee the development of the new adjudication plan and limited discovery related to that plan. The defendants appealed these orders. Oral argument was scheduled for November 3, 2023.

While the appeal remained pending, in February 2023, the government filed its proposed revised adjudication plan. Per the court’s order, the plaintiffs filed their objections to the plan the following month, arguing that the defendants had not attempted to justify the changes they sought and had omitted some required elements of the plan, including timelines at major steps of the SIV application process for Afghan applicants and class identification.

This case is ongoing.

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Summary Authors

Alexander Walling (7/24/2018)

Nathan Santoscoy (3/5/2019)

Mary Novakovic (11/7/2019)

Aaron Gurley (5/22/2020)

Eric Gripp (8/12/2021)

Brillian Bao (11/25/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7150182/parties/afghan-and-iraqi-allies-v-pompeo/

Judge(s)

Attorney for Plaintiff

Alagesan, Deepa (New York)

Attorney for Defendant

Attorney, Yamileth G. (District of Columbia)

Expert/Monitor/Master/Other

Attorney, Travis L. (District of Columbia)

Attorney, Robert H. (District of Columbia)

Attorney, Christopher Westley (District of Columbia)

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Howell, Beryl Alaine (District of Columbia)

Leon, Richard J. (District of Columbia)

Moss, Randolph Daniel (District of Columbia)

Attorney for Plaintiff

Alagesan, Deepa (New York)

Austin, Kathryn S. (District of Columbia)

Castillo, Geroline (New York)

Curwin, Rebecca (New York)

Dao, Thomas J (District of Columbia)

Grano, Kimberly Robin (District of Columbia)

Greene, Olivia P. (New York)

Havaldar, Anika (District of Columbia)

Hirose, Mariko (New York)

Keaney, Melissa S. (California)

Kerr, Rebecca Curwin (District of Columbia)

Leitner, Shannon M. (New York)

Livshiz, David Y. (New York)

Martin, Linda H. (New York)

Rhee, Wang Jae (District of Columbia)

Simeone, Justin C (District of Columbia)

Tsui, Mia (District of Columbia)

Wilson, Allison (New York)

Yoon, Carla Sung (District of Columbia)

Zaretsky, Alexandra (District of Columbia)

Attorney for Defendant

Attorney, Yamileth G. (District of Columbia)

Belsan, Timothy Michael (District of Columbia)

Boynton, Brian Matthew (District of Columbia)

Byerley, David J. (District of Columbia)

Carilli, Joseph F. Jr. (District of Columbia)

Davila, Yamileth G. (District of Columbia)

Halaska, Alexander James (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Ingebretsen, Richard Gordon (District of Columbia)

King, Sean Lynden (District of Columbia)

Martin, William M. (District of Columbia)

McGuire, Caroline (District of Columbia)

Mueller, Ruth Ann (District of Columbia)

Peachey, William Charles (District of Columbia)

Platt, Steven (District of Columbia)

Spencer, Vaughn DE (District of Columbia)

Turcios, Victoria Elizabeth (District of Columbia)

Expert/Monitor/Master/Other

Attorney, Travis L. (District of Columbia)

Attorney, Robert H. (District of Columbia)

Attorney, Christopher Westley (District of Columbia)

Cagniart, Stephanie F. (District of Columbia)

Dempsey, Christopher Westley (District of Columbia)

Koukios, James M. (District of Columbia)

Landicho, Robert (District of Columbia)

Marwell, Jeremy C. (District of Columbia)

Natenson, Meghan (District of Columbia)

Young, Evan A. (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:18-cv-01388	Class Action Complaint Afghan and Iraqi Allies v. Pompeo, et al.	June 12, 2018	June 12, 2018 Complaint
7 1:18-cv-01388	Memorandum and Order	June 12, 2018	June 12, 2018 Order/Opinion
	IRAP & Freshfields File Class Action Challenge to Egregious Processing Delays in Special Immigrant Visa Program for Afghan and Iraqi Allies No Court	June 13, 2018	June 13, 2018 Press Release
23 1:18-cv-01388	Amended Class Action Complaint	July 12, 2018	July 12, 2018 Complaint
47 1:18-cv-01388	Memorandum Opinion	Jan. 30, 2019	Jan. 30, 2019 Order/Opinion 2019 WL 367841
75 1:18-cv-01388	Memorandum Opinion	Sept. 20, 2019	Sept. 20, 2019 Order/Opinion
88 1:18-cv-01388	Memorandum Opinion	Feb. 5, 2020	Feb. 5, 2020 Order/Opinion 334 F.R.D. 449
86 1:18-cv-01388	Memorandum Opinion	Feb. 5, 2020	Feb. 5, 2020 Order/Opinion 2020 WL 587878
106 1:18-cv-01388	Order	April 15, 2020	April 15, 2020 Order/Opinion
111, 111-1 1:18-cv-01388	Notice of Lodging Joint Proposed Adjudication Plan	May 21, 2020	May 21, 2020 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
Press Release: Following Court Victory for Iraqi and Afghan U.S. Allies, Government Submits Plan to Process Thousands of Delayed SIV Applicants International Refugee Assistance Project (IRAP)	(Washington, DC) – Yesterday, the government and plaintiffs submitted a proposed joint plan to address the delayed applications of an estimated 10,000 Afghans and Iraqis who supported U.S. missions i…	May 22, 2020	May 22, 2020 https://refugeerights.org/...
Afghan and Iraqi Allies v. Blinken: Challenging systemic delays in deciding Special Immigrant Visa applications	This case challenges the U.S. government’s systemic delays in the processing of Special Immigrant Visa (SIV) applications of Afghan and Iraqi nationals whose lives are at risk because of their work s…	June 6, 2023	June 6, 2023 https://refugeerights.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/7150182/afghan-and-iraqi-allies-v-pompeo/

Last updated Dec. 17, 2024, 8:49 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400, receipt number 4616092777) with Jury Demand filed by AFGHAN AND IRAQI ALLIES. (Attachments: # 1 Civil Cover Sheet)(ztd) (Entered: 06/13/2018) 1 Civil Cover Sheet View on PACER	June 12, 2018	June 12, 2018 Clearinghouse
2	MOTION for Leave to File Complaint and Motion for Class Certification Under Pseudonyms by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(ztd) (Entered: 06/13/2018)	June 12, 2018	June 12, 2018 PACER
3	MOTION to Certify Class, MOTION Appointment of Class Representatives and Counsel by AFGHAN AND IRAQI ALLIES (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)(ztd) Modified on 6/15/2018 (znmw). Added MOTION to Appoint Lead Counsel on 6/15/2018 (znmw). (Entered: 06/13/2018) 1 Exhibit A View on RECAP 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER	June 12, 2018	June 12, 2018 PACER
4	SEALED MOTION TO CERTIFY CLASS AND APPOINTMENT OF CLASS REPRESENTATIVES AND COUNSEL filed by AFGHAN AND IRAQI ALLIES. (This document is SEALED and only available to authorized persons.) (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)(ztd) (Entered: 06/13/2018)	June 12, 2018	June 12, 2018 PACER
5	SEALED MOTION for Leave to File Complaint and Motion for Class Certification Under Pseudonyms filed by AFGHAN AND IRAQI ALLIES. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(ztd) (Entered: 06/13/2018)	June 12, 2018	June 12, 2018 PACER
7	ORDER granting 2 Motion for Leave to File Complaint and Motion for Class Certification Under Pseudonyms. Signed by Chief Judge Beryl A. Howell on 6/12/2018. (zrdj) Modified to correct typo on 6/22/2018 (tg). (Entered: 06/14/2018)	June 12, 2018	June 12, 2018 Clearinghouse
6	SUMMONS (7) Issued Electronically as to L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (ztd) (Entered: 06/13/2018)	June 13, 2018	June 13, 2018 PACER
8	NOTICE of Appearance by Mariko Hirose on behalf of All Plaintiffs (Hirose, Mariko) (Entered: 06/15/2018)	June 15, 2018	June 15, 2018 PACER
9	CERTIFICATE OF SERVICE by AFGHAN AND IRAQI ALLIES re 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel, 2 MOTION for Leave to File, 1 Complaint, 6 Summons Issued Electronically, 7 Order on Motion for Leave to File, Order on Sealed Motion (Affidavit of Service on Michael R. Pompeo, c/o United States Department of State; Carl C. Risch, c/o United States Department of State; United States Department of State; Kirstjen Nielson, c/o United States Department of Homeland Security; L. Francis Cissna, c/o United States Department of Homeland Security; Donald Neufeld, c/o United States Department of Homeland Security; United States Department of Homeland Security; Attorney General of the United States). (Leitner, Shannon) (Entered: 06/18/2018)	June 18, 2018	June 18, 2018 PACER
10	ENTERED IN ERROR. . . . .CERTIFICATE OF SERVICE by AFGHAN AND IRAQI ALLIES re 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel, 2 MOTION for Leave to File, 1 Complaint, 6 Summons Issued Electronically, 7 Order on Motion for Leave to File, Order on Sealed Motion (Affidavit of Service on the US Attorney, District of Columbia). (Leitner, Shannon) Modified on 6/19/2018 (ztd). (Entered: 06/18/2018)	June 18, 2018	June 18, 2018 PACER
11	NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Carilli, Joseph) (Entered: 06/18/2018)	June 18, 2018	June 18, 2018 PACER
12	NOTICE of Appearance by William M. Martin on behalf of All Defendants (Martin, William) (Entered: 06/18/2018)	June 18, 2018	June 18, 2018 PACER
	NOTICE OF ERROR re 10 Certificate of Service; emailed to Shannon.LEITNER@freshfields.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Refile using the events under Initial Pleadings and Service, Service of Process and then select Summons Returned Executed as to U.S. Attorney. (ztd, )	June 19, 2018	June 19, 2018 PACER
13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/14/2018. Answer due for ALL FEDERAL DEFENDANTS by 8/13/2018. (Leitner, Shannon) (Entered: 06/19/2018)	June 19, 2018	June 19, 2018 PACER
14	Consent MOTION for Protective Order by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order)(Leitner, Shannon) (Entered: 06/20/2018)	June 20, 2018	June 20, 2018 PACER
15	NOTICE of Appearance by Linda H. Martin on behalf of AFGHAN AND IRAQI ALLIES (Martin, Linda) (Entered: 06/26/2018)	June 26, 2018	June 26, 2018 PACER
16	NOTICE of Appearance by Rebecca Curwin on behalf of AFGHAN AND IRAQI ALLIES (Curwin, Rebecca) (Entered: 06/26/2018)	June 26, 2018	June 26, 2018 PACER
17	NOTICE of Appearance by Allison Wilson on behalf of AFGHAN AND IRAQI ALLIES (Wilson, Allison) (Entered: 06/26/2018)	June 26, 2018	June 26, 2018 PACER
18	Joint MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel with STATUS REPORT ON SCHEDULING by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered: 06/27/2018)	June 27, 2018	June 27, 2018 PACER
19	STATUS REPORT by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE; (See docket entry no. 18 to view.) (ztd) (Entered: 06/28/2018)	June 27, 2018	June 27, 2018 PACER
20	Joint STATUS REPORT on Scheduling by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Martin, William) (Entered: 07/03/2018)	July 3, 2018	July 3, 2018 PACER
21	NOTICE of Appearance by David Yury Livshiz on behalf of AFGHAN AND IRAQI ALLIES (Livshiz, David) (Entered: 07/09/2018)	July 9, 2018	July 9, 2018 PACER
22	Joint STATUS REPORT by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 07/11/2018)	July 11, 2018	July 11, 2018 PACER
23	AMENDED COMPLAINT (Amended Class Action Complaint) against L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE filed by AFGHAN AND IRAQI ALLIES.(Leitner, Shannon) (Entered: 07/12/2018)	July 12, 2018	July 12, 2018 Clearinghouse
24	Joint MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 07/18/2018)	July 18, 2018	July 18, 2018 PACER
25	VACATED PURSUANT OT ORDER 55 FILED ON 03/20/19.....ORDER granting 14 Motion for Protective Order. Signed by Judge Tanya S. Chutkan on 7/18/18. (DJS) Modified on 3/26/2019 (tb). (Entered: 07/18/2018)	July 18, 2018	July 18, 2018 PACER
26	SEALED DOCUMENT filed by AFGHAN AND IRAQI ALLIES re 7 Order on Motion for Leave to File, Order on Sealed Motion (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Certificate of Service)(Leitner, Shannon) (Entered: 07/19/2018)	July 19, 2018	July 19, 2018 PACER
	MINUTE ORDER: Granting 24 in part and denying in part Joint Motion for Extension of Time to File Response/Reply. Defendants' response to Plaintiffs' Motion for Class Certification 3 is due by July 26, 2018. Plaintiffs' reply in support of Class Certification Motion is due August 9, 2018. Signed by Judge Tanya S. Chutkan on 7/25/18. (DJS)	July 25, 2018	July 25, 2018 PACER
	Set/Reset Deadlines: Response due by 7/26/2018. Reply due by 8/9/2018. (tb)	July 26, 2018	July 26, 2018 PACER
27	Memorandum in opposition to re 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel filed by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 07/26/2018) 1 Text of Proposed Order View on RECAP	July 26, 2018	July 26, 2018 RECAP
28	Joint MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order)(Leitner, Shannon) (Entered: 08/08/2018)	Aug. 8, 2018	Aug. 8, 2018 PACER
	MINUTE ORDER: Granting Joint Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that Plaintiffs' reply in support of Plaintiffs' Motion for Class Certification and Appointment of Class Representatives and Counsel 3 is due on Thursday, August 16, 2018. Signed by Judge Tanya S. Chutkan on 8/8/2018. (lctsc3).	Aug. 8, 2018	Aug. 8, 2018 PACER
	Set/Reset Deadlines: Reply due by 8/16/2018. (tb)	Aug. 9, 2018	Aug. 9, 2018 PACER
29	ERRATA by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE 27 Memorandum in Opposition, filed by L. FRANCIS CISSNA, CARL C. RISCH, KIRSTJEN NIELSEN, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, DONALD NEUFELD, MICHAEL R. POMPEO, UNITED STATES DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 08/13/2018)	Aug. 13, 2018	Aug. 13, 2018 RECAP
30	MOTION to Dismiss by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Carilli, Joseph) (Entered: 08/13/2018) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Text of Proposed Order View on PACER	Aug. 13, 2018	Aug. 13, 2018 PACER
31	REPLY to opposition to motion re 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel filed by AFGHAN AND IRAQI ALLIES. (Leitner, Shannon) (Entered: 08/16/2018)	Aug. 16, 2018	Aug. 16, 2018 PACER
32	REQUEST for oral argument by AFGHAN AND IRAQI ALLIES. (See Docket Entry 31 to view document). (tth) (Entered: 08/17/2018)	Aug. 16, 2018	Aug. 16, 2018 PACER
	ENTERED IN ERROR.....NOTICE OF ERROR re 31 Reply to opposition to Motion; emailed to Shannon.LEITNER@freshfields.com, cc'd 12 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry (ztth, ) Modified on 8/17/2018 (jf).	Aug. 17, 2018	Aug. 17, 2018 PACER
	NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry re Notice of QC, was entered in error and counsel was instructed to disregard docket entry.(jf)	Aug. 17, 2018	Aug. 17, 2018 PACER
33	Joint MOTION for Briefing Schedule by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 08/20/2018)	Aug. 20, 2018	Aug. 20, 2018 PACER
34	MOTION for Preliminary Injunction by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Steven Miska, # 3 Exhibit A, # 4 Exhibit B, # 5 Declaration of Stephen Poellot, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Declaration of Allison Wilson, # 13 Exhibit 1, # 14 Exhibit 2, # 15 Exhibit 3, # 16 Exhibit 4, # 17 Exhibit 5, # 18 Exhibit 6, # 19 Exhibit 7, # 20 Exhibit 8, # 21 Exhibit 9, # 22 Exhibit 10, # 23 Exhibit 11)(Leitner, Shannon) (Entered: 09/07/2018)	Sept. 7, 2018	Sept. 7, 2018 PACER
35	MOTION to Expedite Discovery by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order, # 2 Plaintiffs' First Request for Production of Documents, # 3 Notice of Deposition Department of State, # 4 Notice of Deposition Department of Homeland Security)(Leitner, Shannon) (Entered: 09/07/2018) 1 Text of Proposed Order View on PACER 2 Plaintiffs' First Request for Production of Documents View on PACER 3 Notice of Deposition Department of State View on PACER 4 Notice of Deposition Department of Homeland Security View on PACER	Sept. 7, 2018	Sept. 7, 2018 PACER
36	Memorandum in opposition to re 30 MOTION to Dismiss filed by AFGHAN AND IRAQI ALLIES. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of John Doe-Echo, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Declaration John Doe-Alpha, # 9 Exhibit A, # 10 Exhibit B, # 11 Exhibit C, # 12 Exhibit D, # 13 Declaration of Stephen Poellot, # 14 Exhibit A, # 15 Exhibit B, # 16 Exhibit C, # 17 Exhibit D, # 18 Exhibit E, # 19 Exhibit F)(Leitner, Shannon) (Entered: 09/07/2018)	Sept. 7, 2018	Sept. 7, 2018 PACER
	MINUTE ORDER: Granting 33 Joint Motion for Briefing Schedule. Plaintiffs' response to Defendants' motion to dismiss, as well as Plaintiffs' motion for preliminary injunction and motion for expedited discovery due on September 7, 2018. Defendants' reply in support of their motion to dismiss, in part, and response to Plaintiffs' motion for preliminary injunction/motion for expedited discovery due on September 21, 2018. Plaintiffs' reply in support of the motion for preliminary injunction and motion for expedited discovery due October 5, 2018. Signed by Judge Tanya S. Chutkan on 9/13/18. (DJS)	Sept. 13, 2018	Sept. 13, 2018 PACER
	Set/Reset Deadlines: Response to Dispositive Motion due by 9/7/2018. Reply to Dispositive Motion due by 9/21/2018. Motion due by 9/7/2018. Response due by 9/21/2018. Replies due by 10/5/2018. (tb)	Sept. 14, 2018	Sept. 14, 2018 PACER
37	NOTICE of Appearance by Evan A. Young on behalf of Ryan C. Crocker (Young, Evan) (Entered: 09/14/2018)	Sept. 14, 2018	Sept. 14, 2018 PACER
38	Unopposed MOTION for Leave to File Amicus Brief by Ryan C. Crocker (Young, Evan) (Entered: 09/14/2018)	Sept. 14, 2018	Sept. 14, 2018 PACER
39	Joint MOTION to Modify Briefing Schedule by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Martin, William) (Entered: 09/19/2018)	Sept. 19, 2018	Sept. 19, 2018 PACER
	ORDER granting 38 Motion for Leave to File Amicus Brief. Signed by Judge Tanya S. Chutkan on 9/26/18. (DJS)	Sept. 26, 2018	Sept. 26, 2018 PACER
40	AMICUS BRIEF by RYAN C. CROCKER. (td) (Entered: 09/27/2018)	Sept. 26, 2018	Sept. 26, 2018 RECAP
41	RESPONSE re 35 MOTION to Expedite Discovery filed by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 09/28/2018)	Sept. 28, 2018	Sept. 28, 2018 PACER
42	RESPONSE re 34 MOTION for Preliminary Injunction filed by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 09/28/2018)	Sept. 28, 2018	Sept. 28, 2018 PACER
43	REPLY to opposition to motion re 30 MOTION to Dismiss filed by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Carilli, Joseph) (Entered: 09/28/2018)	Sept. 28, 2018	Sept. 28, 2018 PACER
44	REPLY to opposition to motion re 34 MOTION for Preliminary Injunction filed by AFGHAN AND IRAQI ALLIES. (Leitner, Shannon) (Entered: 10/16/2018)	Oct. 16, 2018	Oct. 16, 2018 PACER
45	REPLY to opposition to motion re 35 MOTION to Expedite Discovery filed by AFGHAN AND IRAQI ALLIES. (Leitner, Shannon) (Entered: 10/16/2018)	Oct. 16, 2018	Oct. 16, 2018 PACER
	MINUTE ORDER: The parties' September 19, 2018 joint motion 39 to modify the briefing schedules of Defendants' motion to dismiss, Plaintiffs' motion for a preliminary injunction, and Plaintiffs' motion for expedited discovery is GRANTED nunc pro tunc. Signed by Judge Tanya S. Chutkan on 10/19/18. (lctsc1)	Oct. 19, 2018	Oct. 19, 2018 PACER
46	MOTION for Hearing re 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel, 30 MOTION to Dismiss, 34 MOTION for Preliminary Injunction by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order)(Leitner, Shannon). Added MOTION for Ruling on 12/18/2018 (znmw). (Entered: 12/13/2018)	Dec. 13, 2018	Dec. 13, 2018 PACER
47	MEMORANDUM OPINION regarding Defendants' Motion 30 to Dismiss. Signed by Judge Tanya S. Chutkan on 1/30/2019. (lctsc1)	Jan. 30, 2019	Jan. 30, 2019 Clearinghouse
48	ORDER denying Defendants' Motion 30 to Dismiss. Signed by Judge Tanya S. Chutkan on 1/30/2019. (lctsc1) (Entered: 01/30/2019)	Jan. 30, 2019	Jan. 30, 2019 PACER
49	ORDER granting Plaintiffs' motion 35 to expedite discovery and granting, in part, and denying, in part, Plaintiffs' motion 46 to schedule oral argument and for a ruling on the pending expedited discovery motion. Expedited discovery shall be completed on or before March 18, 2019. Plaintiffs' supplemental brief shall be filed on or before April 1, 2019. Defendants' response shall be filed on or before April 15, 2019. Oral argument on Plaintiffs' motion 34 for a preliminary injunction shall take place on May 3, 2019 at 10:00 a.m. Signed by Judge Tanya S. Chutkan on 1/30/2019. (lctsc1) (Entered: 01/30/2019)	Jan. 30, 2019	Jan. 30, 2019 PACER
	Set/Reset Deadlines/Hearings: Expedited Discovery due by 3/18/2019. Plaintiffs' Supplemental Brief due by 4/1/2019. Responses due by 4/15/2019 Motion Hearing re 34 set for 5/3/2019 at 10:00 AM in Courtroom 9 before Judge Tanya S. Chutkan. (dot)	Jan. 30, 2019	Jan. 30, 2019 PACER
50	ANSWER to 23 Amended Complaint, by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE.(Carilli, Joseph) (Entered: 02/13/2019)	Feb. 13, 2019	Feb. 13, 2019 PACER
	Set/Reset Hearings	March 13, 2019	March 13, 2019 PACER
	Set/Reset Hearings: Telephone Conference set for 3/14/2019 at 11:30 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb)	March 13, 2019	March 13, 2019 PACER
	Minute Entry: Telephone Conference held on 3/14/2019 before Judge Tanya S. Chutkan: Order forthcoming. (Court Reporter Bryan Wayne) (tb)	March 14, 2019	March 14, 2019 PACER
	Telephone Conference	March 15, 2019	March 15, 2019 PACER
51	Consent MOTION for Protective Order by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Carilli, Joseph) (Entered: 03/18/2019)	March 18, 2019	March 18, 2019 PACER
52	MOTION to Compel Production of Documents by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Leitner, Shannon) (Entered: 03/19/2019)	March 19, 2019	March 19, 2019 PACER
53	NOTICE of Change of Address by Deepa Alagesan (Alagesan, Deepa) (Entered: 03/20/2019)	March 20, 2019	March 20, 2019 PACER
54	NOTICE of Change of Address by Mariko Hirose (Hirose, Mariko) (Entered: 03/20/2019)	March 20, 2019	March 20, 2019 PACER
55	ORDER granting Consent Motion 51 for Stipulated Amended Protective Order and vacating current stipulated protective order 25 . Signed by Judge Tanya S. Chutkan on 3/20/2019. (lctsc1) (Entered: 03/20/2019)	March 20, 2019	March 20, 2019 PACER
56	TRANSCRIPT OF 3/14/19 TELEPHONE CONFERENCE, before Judge Tanya S. Chutkan, held on March 14, 2019. Page Numbers: 1-22. Date of Issuance: 3/22/19. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the Transcript Order Form at https://www.dcd.uscourts.gov/court-reporting-and-transcript-information. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (PDF, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/12/2019. Redacted Transcript Deadline set for 4/22/2019. Release of Transcript Restriction set for 6/20/2019.(Wayne, Bryan) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
57	RESPONSE re 52 MOTION to Compel Production of Documents filed by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Carilli, Joseph) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
58	WITHDRAWN PURSUANT TO DOCKET ENTRY 61 . . . . .Joint MOTION to Modify Discovery and to Modify Briefing Schedule by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order)(Leitner, Shannon) Modified text and event on 3/26/2019 (ztd). Modified on 4/10/2019 (ztd). (Entered: 03/25/2019)	March 25, 2019	March 25, 2019 PACER
59	MOTION for Leave to File Supplement to Opposition to Motion for Class Certification by L. FRANCIS CISSNA, DONALD NEUFELD, KIRSTJEN NIELSEN, MICHAEL R. POMPEO, CARL C. RISCH, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Supplement, # 2 Text of Proposed Order)(Carilli, Joseph) (Entered: 03/25/2019)	March 25, 2019	March 25, 2019 PACER
60	REPLY to opposition to motion re 52 MOTION to Compel Production of Documents filed by AFGHAN AND IRAQI ALLIES. (Attachments: # 1 Declaration of Rebecca Curwin)(Leitner, Shannon) (Entered: 03/26/2019)	March 26, 2019	March 26, 2019 PACER
61	Joint MOTION Withdrawing 58 by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order)(Leitner, Shannon) Modified event and text on 4/10/2019 (ztd). Added MOTION to Modify on 4/10/2019 (ztd). (Entered: 04/09/2019)	April 9, 2019	April 9, 2019 PACER
	Order on Motion to Withdraw	April 11, 2019	April 11, 2019 PACER
	Order on Motion to Modify	April 11, 2019	April 11, 2019 PACER
	Order on Motion for Leave to File	April 11, 2019	April 11, 2019 PACER
	Order on Motion to Compel	April 11, 2019	April 11, 2019 PACER
	MINUTE ORDER: The court has considered the arguments raised in Plaintiffs' motion 52 to compel production of documents, Defendants' response 57, Plaintiffs' reply 60, and in the March 14, 2019 teleconference. Under 8 U.S.C. § 1202(f), with some exceptions, "records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential and shall be used only for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States." The court agrees with Defendants that the scope of the statute "is not limited to information supplied by the visa applicant, it includes information revealing the thought-processes of those who rule on the application." Medina-Hincapie v. Dep't of State, 700 F.2d 737, 744 (D.C. Cir. 1983). However, the court disagrees with Defendants' assertion that the dates decisions were made "are inextricably tied to the thought-processes and decisions required to determine whether an alien meets the statutory requirements for an SIV." (Defs.' Resp. at 4.) The dates will show only the pace at which an application is processed and where an application is in the process. As in a privilege log, the dates at issue here will shed no light on a reviewer's thought-process or decision-making. In addition, the dates will be associated only with an anonymized, unique identifier; they will not be associated with an applicant's name. Moreover, dates are not included in the definition of "record" provided in Defendant State's Foreign Affairs Manual. See 9 FAM 603.12(b). Accordingly, Plaintiffs' motion 52 to compel production of documents is GRANTED. No certificate of appealability will issue because Defendants' cursory request does not meet their "burden of showing that exceptional circumstances justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment." Virtual Def. & Dev. Int'l, Inc. v. Republic of Moldova, 133 F. Supp. 2d 9, 22 (D.D.C. 2001). Signed by Judge Tanya S. Chutkan on 4/11/2019. (lctsc1)	April 11, 2019	April 11, 2019 PACER
	MINUTE ORDER: The court has considered the arguments raised in Plaintiffs' motion 52 to compel production of documents, Defendants' response 57, Plaintiffs' reply 60, and in the March 14, 2019 teleconference. Under 8 U.S.C. ยง 1202(f), with some exceptions, "records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential and shall be used only for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States." The court agrees with Defendants that the scope of the statute "is not limited to information supplied by the visa applicant, it includes information revealing the thought-processes of those who rule on the application." Medina-Hincapie v. Dep't of State, 700 F.2d 737, 744 (D.C. Cir. 1983). However, the court disagrees with Defendants' assertion that the dates decisions were made "are inextricably tied to the thought-processes and decisions required to determine whether an alien meets the statutory requirements for an SIV." (Defs.' Resp. at 4.) The dates will show only the pace at which an application is processed and where an application is in the process. As in a privilege log, the dates at issue here will shed no light on a reviewer's thought-process or decision-making. In addition, the dates will be associated only with an anonymized, unique identifier; they will not be associated with an applicant's name. Moreover, dates are not included in the definition of "record" provided in Defendant State's Foreign Affairs Manual. See 9 FAM 603.12(b). Accordingly, Plaintiffs' motion 52 to compel production of documents is GRANTED. No certificate of appealability will issue because Defendants' cursory request does not meet their "burden of showing that exceptional circumstances justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment." Virtual Def. & Dev. Int'l, Inc. v. Republic of Moldova, 133 F. Supp. 2d 9, 22 (D.D.C. 2001). Signed by Judge Tanya S. Chutkan on 4/11/2019. (lctsc1)	April 11, 2019	April 11, 2019 PACER
	MINUTE ORDER: The parties' joint motion 61 to withdraw the pending motion 58 and modify the discovery/briefing schedule, and Defendants' motion 59 for leave to file a supplement to their opposition to Plaintiffs' motion for class certification, to which Plaintiffs have failed to articulate the bases of their objection, are GRANTED. The parties are directed to adhere to the following deadlines: (1) Plaintiffs' response to Defendants' supplement regarding its opposition to Plaintiffs' motion for class certification shall be filed on or before April 15, 2019; (2) Plaintiffs shall depose Defendants' corporate representatives on or before April 17, 2019; (3) Defendant Department of State shall produce the remaining documents requested in Plaintiffs' first, second, and third Requests for Production on or before April 18, 2019; and (4) Plaintiffs' supplement to their preliminary injunction motion shall be filed on or before May 2, 2019, Defendants' response shall be filed on or before May 16, 2019, and Plaintiffs' Reply shall be filed on or before May 23, 2019. Further, the preliminary injunction hearing, previously scheduled for May 3, 2019, is adjourned to June 20, 2019 at 10:00 a.m. Signed by Judge Tanya S. Chutkan on 4/11/2019. (lctsc1)	April 11, 2019	April 11, 2019 PACER
	Set/Reset Deadlines/Hearings	April 12, 2019	April 12, 2019 PACER
	Set/Reset Deadlines/Hearings: Response due by 4/15/2019. Defendant's supplemental response due by 5/16/2019. Reply due by 5/23/2019. Preliminary Injunction Hearing set for 6/20/2019 at 10:00 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb)	April 12, 2019	April 12, 2019 PACER
62	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by AFGHAN AND IRAQI ALLIES (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Leitner, Shannon) (Entered: 04/15/2019)	April 15, 2019	April 15, 2019 PACER
	Sealed Order	April 19, 2019	April 19, 2019 PACER
	MINUTE ORDER: Upon consideration of Plaintiffs' unopposed motion for leave to file documents under seal (the "Motion"), it is hereby: ORDERED that the Motion is GRANTED; and it is further ORDERED that the Clerk shall file under seal the documents attached to the Motion. (This document is SEALED and only available to authorized persons.)Signed by Judge Tanya S. Chutkan on 04/18/19.(tb) Modified on 4/24/2019 (tb).	April 19, 2019	April 19, 2019 PACER
63	SEALED DOCUMENT filed by AFGHAN AND IRAQI ALLIES. re 3 MOTION to Certify ClassMOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel filed by AFGHAN AND IRAQI ALLIES. (This document is SEALED and only available to authorized persons.)(ztd) (Entered: 04/23/2019)	April 19, 2019	April 19, 2019 PACER
64	Consent MOTION to Modify the current briefing schedule by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order)(Leitner, Shannon) (Entered: 04/30/2019)	April 30, 2019	April 30, 2019 PACER
	Order on Motion to Modify	May 1, 2019	May 1, 2019 PACER
	MINUTE ORDER: Plaintiffs' consent motion 64 to modify the briefing schedule is GRANTED. Plaintiffs' supplement to their preliminary injunction motion shall be filed on or before May 10, 2019; Defendants' response shall be filed on or before May 24, 2019; and Plaintiffs' Reply shall be filed on or before May 31, 2019. Signed by Judge Tanya S. Chutkan on 5/1/2019. (lctsc1)	May 1, 2019	May 1, 2019 PACER
	Set/Reset Deadlines	May 2, 2019	May 2, 2019 PACER
	Set/Reset Deadlines: Response due by 5/24/2019 Reply due by 5/31/2019. Supplemental Memorandum due by 5/10/2019. (tb)	May 2, 2019	May 2, 2019 PACER
65	Joint MOTION to Modify Briefing Schedule by AFGHAN AND IRAQI ALLIES (Attachments: # 1 Text of Proposed Order)(Leitner, Shannon) (Entered: 05/09/2019)	May 9, 2019	May 9, 2019 PACER
	Order on Motion to Modify	May 10, 2019	May 10, 2019 PACER
	MINUTE ORDER: The parties' May 9, 2019 joint motion 65 to modify the briefing schedule is GRANTED. Plaintiffs' supplement to their preliminary injunction motion shall be filed on or before June 11, 2019; Defendants' response shall be filed on or before June 25, 2019; and Plaintiffs' Reply shall be filed on or before July 2, 2019. Further, the preliminary injunction hearing, previously scheduled for June 20, 2019, is adjourned to July 26, 2019 at 10:00 a.m. Signed by Judge Tanya S. Chutkan on 5/10/2019. (lctsc1)	May 10, 2019	May 10, 2019 PACER
	Set/Reset Deadlines/Hearings	May 13, 2019	May 13, 2019 PACER
	Set/Reset Deadlines/Hearings: Response due by 6/25/2019. Reply due by 7/2/2019. Supplemental Memorandum due by 6/11/2019. Preliminary Injunction Hearing reset for 7/26/2019 at 10:00 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb)	May 13, 2019	May 13, 2019 PACER

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Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 12, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All people who have applied for an Afghan or Iraqi SIV pursuant to the [AAPA] and [RCIA] by submitting an application for COM (Chief of Mission, i.e. the principal officer in charge of the diplomatic missions in Afghanistan and Iraq) approval and whose applications have been in government-controlled steps for longer than nine months.

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 State (- United States (national) -), Federal

Department of Homeland Security (- United States (national) -), Federal

Defendant Type(s):