Case: M.G.U. v. Nielsen

1:18-cv-01458 | U.S. District Court for the District of Columbia

Filed Date: June 20, 2018

Closed Date: July 19, 2019

Clearinghouse coding complete

Case Summary

This case arose in response to President Trump's 2018 family separation policy. On April 6, 2018, the U.S. Attorney General announced a “zero-tolerance” immigration policy, which criminally prosecuted all adult entrants crossing the border without documentation, including asylum seekers accompanied by minor children. The Trump administration stated that its zero-tolerance policy was intended to reduce illegal border crossing, migration, and the burdens resulting from fraudulent asylum requests.…

This case arose in response to President Trump's 2018 family separation policy. On April 6, 2018, the U.S. Attorney General announced a “zero-tolerance” immigration policy, which criminally prosecuted all adult entrants crossing the border without documentation, including asylum seekers accompanied by minor children. The Trump administration stated that its zero-tolerance policy was intended to reduce illegal border crossing, migration, and the burdens resulting from fraudulent asylum requests. However, enforcement of the zero-tolerance policy resulted in widely-publicized separation of children from their parents. Although the Department of Homeland Security (DHS) held authority over detainment of adult non-citizens, minor children were not permitted to be held in federal criminal detention facilities. Therefore, accompanying children were held separately under the guidelines of the Flores Settlement Agreement (FSA), which required the government to limit the time accompanied minors spent in detention to 20 days. In cases where the parents were not released in 20 days, minors were considered unaccompanied non-citizen children, under the custody of the Department of Health and Human Services’ Office of Refugee Resettlement (ORR).

Public pressure prompted an executive order from President Trump, which mandated the DHS to maintain custody of immigrant families on June 20, 2018. This allowed immigrant parents and children apprehended at the border to remain together during the pendency of their criminal or immigration proceedings.

On June 20, 2018, three immigrant parents forcibly separated from their children filed a lawsuit against various immigration federal agencies and officials in the U.S. District Court for the District of Columbia seeking immediate reunification with their children. Represented by Texas RioGrande Legal Aid, the plaintiffs alleged that family separation was a punishment in violation of Due Process and sought preliminary and permanent injunctions to immediately reunite with their children as well as declaratory relief. They also sought attorney fees. The case was initially assigned to Judge Tanya S. Chutkan, then re-assigned to Judge Paul L. Friedman as he had an earlier related case.

Specifically, the plaintiffs, all of whom entered the U.S. with accompanying children, crossed the US-Mexico border from Central America after the announcement of the zero-tolerance policy, prior to the issuance of the June 20 executive order. Plaintiff M.G.U. crossed the U.S.-Mexico border with her children, then presented herself with her children at the San Ysidro, California port of entry on May 4, 2018. Initially detained together with her children at the South Texas Family Residential Center (STFRC), Plaintiff M.G.U was moved to an adult detention facility from the STFRC due to a past criminal conviction. Her children were determined as non-citizen children without a suitable legal guardian, separated to be transported to New York in custody of the ORR. Plaintiff E.F. and Plaintiff A.P.F. were prosecuted for entering the U.S. without inspection after crossing the US-Mexico border with their children. In accordance with the Trafficking Victim Protection Reauthorization Act (TVPRA), their children were similarly transferred to the custody of the ORR.

On June 22, 2018, the plaintiffs filed for a temporary restraining order (TRO), allowing them access to daily information on the children’s well-being as well as consistent communication with the children during the period of the separation. At the hearing held on June 27, 2018, the defendants claimed that most of the information requested by the plaintiffs was already available, or available upon request. Judge Friedman withheld the TRO application and suggested a joint status report between the plaintiffs and defendants. The parties submitted the joint status report on July 5, 2018, which resolved several issues. However, the parties could not reach an agreement on matters regarding communication between the plaintiffs and children, or the release of specific information on the location of Plaintiff E.F.’s child. On July 16, 2018, the Court granted the plaintiffs’ TRO for the matters above.

Meanwhile, the plaintiffs requested a preliminary injunction for immediate reunification with their children. A hearing was held on July 12, 2018, during which Plaintiff E.F. informed the Court that she was awaiting a review decision on a negative credible fear determination. A credible fear determination by an asylum officer determines whether an individual has reasonable fear of returning to their home country. If negative, the plaintiff would be removed, which risked Plaintiff E.F. being removed from the U.S. without her son. On July 13, 2018, an immigration judge had affirmed Plaintiff E.F.’s negative fear determination. For that reason, the Court prohibited defendants from removing Plaintiff E.F. from the U.S. prior to the preliminary injunction decision.

Meanwhile, in another case, on June 26, 2018, Judge Dana M. Sabraw of the U.S. District Court for the Southern District of California issued a class-wide preliminary injunction requiring reunification of children under the age of five with their parents by July 10, 2018, and children over the age of five by July 26, 2018. For more information, see Ms. L v. U.S. Immigration and Customs Enforcement.

On July 18, 2018, Judge Friedman granted Plaintiff E.F.’s motion for a preliminary injunction, ordering the defendants to reunite her with her 9-year-old son by July 20, 2018. Plaintiff M.G.U. and Plaintiff A.P.F. had been reunited with their children prior to the court order on July 11, 2018, and July 17, 2018, respectively.

On November 9, 2018, the defendants moved to dismiss the case because the plaintiffs' claims were based on the separation from their children, who were now united. Additionally, they asserted that there was no fundamental right of parents to be detained with their children while they were detained pursuant to a criminal charge.

On December 23, 2018, the plaintiffs moved to add two additional plaintiffs, plaintiffs P.M.B. and C.O.M., a mother subject to a final order of deportation, and daughter, whose asylum was pending. The mother and daughter were initially detained together near Dilley, Texas, but faced imminent separation, as the defendants argued that the proposed plaintiff was not a class member because the family had not been forcibly separated previously.

The plaintiffs filed for an emergency TRO to preserve the status quo detention of P.M.B. and C.O.M., preventing their separation, which was granted on December 24, 2018. On January 26, 2019, the defendants released the proposed plaintiffs from detention to lawfully pursue immigration relief in the U.S., subject to an ankle monitor. Since releasing C.O.M. and P.M.B., the defendants indicated they no longer had intent to separate the plaintiffs while they pursued immigration relief. Consequently, Plaintiffs sought dissolution of the TRO and withdrew their motions without prejudice. On February 19, 2019, the court granted the plaintiff's motion.

On July 19, 2019, the plaintiffs voluntarily dismissed the case. The case is now closed.

Summary Authors

Averyn Lee (8/6/2020)

Related Cases

Ms. L. v. U.S. Immigration and Customs Enforcement, Southern District of California (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7232973/parties/m-g-u-v-nielsen/


Judge(s)

Friedman, Paul L. (District of Columbia)

Attorneys(s) for Plaintiff

Arfa, Meredith (New York)

Ball, David J. (District of Columbia)

Chisholm, Amanda (Texas)

Fell, Katherine Kelly (New York)

Herzog, Steven C. (New York)

McGraw, Peter Eammon (Texas)

Sithian, Anand (New York)

Wesevich, Jerome W. (District of Columbia)

William, Jerome (Texas)

Judge(s)

Friedman, Paul L. (District of Columbia)

Attorneys(s) for Plaintiff

Arfa, Meredith (New York)

Ball, David J. (District of Columbia)

Chisholm, Amanda (Texas)

Fell, Katherine Kelly (New York)

Herzog, Steven C. (New York)

McGraw, Peter Eammon (Texas)

Sithian, Anand (New York)

Wesevich, Jerome W. (District of Columbia)

William, Jerome (Texas)

Attorneys(s) for Defendant

Fabian, Sarah B. (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Liu, Jessie K. (District of Columbia)

Murley, Nicole N. (District of Columbia)

Peachey, William Charles (District of Columbia)

Silvis, William C. (District of Columbia)

Simon, Jeremy S (District of Columbia)

Van Horn, Daniel F (District of Columbia)

Documents in the Clearinghouse

Document

1:18-cv-01458

Docket [PACER]

Dec. 27, 2018

Dec. 27, 2018

Docket
1

1:18-cv-01458

Complaint Seeking Preliminary and Permanent Injunctive Relief

June 20, 2018

June 20, 2018

Complaint
30

1:18-cv-01458

Memorandum Opinion and Order

July 9, 2018

July 9, 2018

Order/Opinion
44

1:18-cv-01458

Memorandum Order and Opinion

316 F.Supp.3d 518, 2018 WL 3432720

July 16, 2018

July 16, 2018

Order/Opinion
42

1:18-cv-01458

Memorandum Opinion and Order

July 16, 2018

July 16, 2018

Order/Opinion
47

1:18-cv-01458

Opinion

325 F.Supp.3d 111, 2018 WL 3474189

July 18, 2018

July 18, 2018

Order/Opinion
51

1:18-cv-01458

Joint Report on Case Status as of September 10, 2018

Sept. 10, 2018

Sept. 10, 2018

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7232973/m-g-u-v-nielsen/

Last updated June 7, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5545322) filed by All Plaintiffs. (Attachments: # 1 Exhibit DHS 2013 Policy, # 2 Exhibit DHS 2017 Policy, # 3 Exhibit AG Zero-Tolerance Directive, # 4 Exhibit DHS Family Separation Policy, # 5 Exhibit DHS Flyer for Detained Parents, # 6 Exhibit Sample 1325 Docket, # 7 Exhibit AAP Child Detention Policy Statement)(Wesevich, Jerome) (Entered: 06/20/2018)

1 Exhibit DHS 2013 Policy

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2 Exhibit DHS 2017 Policy

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3 Exhibit AG Zero-Tolerance Directive

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4 Exhibit DHS Family Separation Policy

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5 Exhibit DHS Flyer for Detained Parents

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6 Exhibit Sample 1325 Docket

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7 Exhibit AAP Child Detention Policy Statement

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June 20, 2018

June 20, 2018

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2

REQUEST FOR SUMMONS TO ISSUE filed by All Plaintiffs. (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, # 13 Summons, # 14 Summons)(Wesevich, Jerome) (Entered: 06/20/2018)

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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13 Summons

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14 Summons

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June 20, 2018

June 20, 2018

PACER
3

CIVIL COVER SHEET filed by All Plaintiffs.(Wesevich, Jerome) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

RECAP
4

MOTION for Leave to File and Proceed Using Pseudonyms filed by All Plaintiffs (Attachments: # 1 Text of Proposed Order)(Wesevich, Jerome) Modified event title on 6/27/2018 (znmw). (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

RECAP
5

CIVIL COVER SHEET (Corrected) by E. F., M. G. U., A. P. F. re 1 Complaint, filed by E. F., M. G. U., A. P. F.. Related document: 1 Complaint, filed by E. F., A. P. F., M. G. U..(Wesevich, Jerome) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

RECAP
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SEALED DOCUMENT filed by A. P. F., E. F., M. G. U. re 4 MOTION File and Proceed Using Pseudonyms (This document is SEALED and only available to authorized persons.)(Wesevich, Jerome) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
7

MEMORANDUM AND ORDER GRANTING the plaintiffs' 4 Motion to File Complaint and Proceed Using Pseudonyms. See Memorandum and Order for further details. Signed by Chief Judge Beryl A. Howell on June 21, 2018. (lcbah1) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

RECAP

Case Assigned to Judge Tanya S. Chutkan. (zsb)

June 21, 2018

June 21, 2018

PACER
8

MOTION for Temporary Restraining Order by A. P. F., E. F., M. G. U. (Attachments: # 1 Exhibit Declaration of APF, # 2 Exhibit Declaration of EF, # 3 Exhibit Declaration of MGU, # 4 Exhibit Declaration of Dr. Athan, # 5 Exhibit Declaration of Dr. Fortuna, # 6 Text of Proposed Order)(Wesevich, Jerome) (Entered: 06/22/2018)

1 Exhibit Declaration of APF

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2 Exhibit Declaration of EF

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3 Exhibit Declaration of MGU

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4 Exhibit Declaration of Dr. Athan

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5 Exhibit Declaration of Dr. Fortuna

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6 Text of Proposed Order

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June 22, 2018

June 22, 2018

RECAP
9

NOTICE of Appearance by Sarah B. Fabian on behalf of All Defendants (Fabian, Sarah) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

RECAP
10

SUMMONS (15) Issued Electronically as to All Defendants. (Attachment: # 1 Notice and Consent)(zsb) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

RECAP
11

Case reassigned to Judge Paul L. Friedman as he has an earlier related case. Judge Tanya S. Chutkan is no longer assigned to the case. (rj) (Entered: 06/25/2018)

June 22, 2018

June 22, 2018

RECAP
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ERRATA by A. P. F., E. F., M. G. U. 8 MOTION for Temporary Restraining Order filed by E. F., A. P. F., M. G. U.. (Attachments: # 1 Exhibit Declaration of APF, # 2 Exhibit Declaration of MGU)(Wesevich, Jerome) (Entered: 06/25/2018)

1 Exhibit Declaration of APF

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2 Exhibit Declaration of MGU

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June 25, 2018

June 25, 2018

RECAP

MINUTE ORDER. The parties shall appear for a hearing on plaintiffs' motion 8 for a temporary restraining order on June 27, 2018 at 2:00 P.M. in Courtroom 29A before Judge Paul L. Friedman. The defendants may file a written response to plaintiffs' motion on or before noon on June 27, 2018. Signed by Judge Paul L. Friedman on June 25, 2018. (MA)

June 25, 2018

June 25, 2018

PACER
13

MOTION for Preliminary Injunction by A. P. F., E. F., M. G. U. (Attachments: # 1 Exhibit Executive Order, # 2 Exhibit DHS Retraction Policy, # 3 Exhibit DHS Family Apprehensions, # 4 Declaration M.G.U. Declaration, # 5 Declaration E.F. Declaration, # 6 Declaration A.P.F. Declaration, # 7 Declaration Chris Carlin Declaration, # 8 Declaration Agent Ortiz Declaration, # 9 Exhibit UN Letter Human Rights, # 10 Declaration Dr. Griffin Declaration, # 11 Declaration Dr. Linton Declaration, # 12 Declaration Dr. Shapiro Declaration, # 13 Exhibit Medical Association Chorus, # 14 Exhibit NPR Transcript, # 15 Exhibit Marshall Project on HHS, # 16 Exhibit CNN Video Link, # 17 Exhibit Houston Chronicle Article, # 18 Exhibit NYT Article, # 19 Declaration PM Authenticating, # 20 Text of Proposed Order Proposed Preliminary Injunction)(Wesevich, Jerome) (Entered: 06/26/2018)

1 Exhibit Executive Order

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2 Exhibit DHS Retraction Policy

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3 Exhibit DHS Family Apprehensions

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4 Declaration M.G.U. Declaration

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5 Declaration E.F. Declaration

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6 Declaration A.P.F. Declaration

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7 Declaration Chris Carlin Declaration

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8 Declaration Agent Ortiz Declaration

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9 Exhibit UN Letter Human Rights

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10 Declaration Dr. Griffin Declaration

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11 Declaration Dr. Linton Declaration

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12 Declaration Dr. Shapiro Declaration

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13 Exhibit Medical Association Chorus

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14 Exhibit NPR Transcript

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15 Exhibit Marshall Project on HHS

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16 Exhibit CNN Video Link

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17 Exhibit Houston Chronicle Article

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18 Exhibit NYT Article

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19 Declaration PM Authenticating

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20 Text of Proposed Order Proposed Preliminary Injunction

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June 26, 2018

June 26, 2018

RECAP

MINUTE ORDER. The parties shall submit a joint report proposing a briefing schedule for plaintiffs' motion 13 for a preliminary injunction on or before June 27, 2018 at 12:00 P.M. The joint report shall specify the following: (1) the due date of the United States' response to plaintiffs' motion; (2) the due date of plaintiffs' reply in support of their motion; (3) proposed dates and times for a hearing on the motion during the week of July 9, 2018 or July 16, 2018. Signed by Judge Paul L. Friedman on June 26, 2018. (MA)

June 26, 2018

June 26, 2018

PACER
14

Joint MOTION for Scheduling Order for Consideration of Application for Preliminary Injunction by A. P. F., E. F., M. G. U. (Wesevich, Jerome) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

RECAP

MINUTE ORDER. The parties' joint motion 14 for a briefing schedule is GRANTED. Defendants shall file their response to plaintiffs' motion 13 for a preliminary injunction on or before July 6, 2018. Plaintiffs shall file a reply on or before July 9, 2018. The parties shall appear for a hearing on plaintiffs' motion 13 for a preliminary injunction on July 12, 2018 at 10:30 A.M. in Courtroom 29A before Judge Paul L. Friedman. Signed by Judge Paul L. Friedman on June 26, 2018. (MA)

June 26, 2018

June 26, 2018

PACER
15

NOTICE of Appearance by Jeremy S. Simon on behalf of All Defendants (Simon, Jeremy) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

RECAP

Set/Reset Hearings: Hearing on motion for temporary restraining order set for 6/27/2018 at 2:00 PM in Courtroom 29A before Judge Paul L. Friedman. (tj)

June 26, 2018

June 26, 2018

PACER

Set/Reset Hearings: Defendant's Response to Motion for Preliminary Injunction due by 7/6/2018; Plaintiff's Reply due by 7/9/2018; Preliminary Injunction Hearing set for 7/12/2018 at 10:30 AM in Courtroom 29A before Judge Paul L. Friedman. (tj)

June 26, 2018

June 26, 2018

PACER
16

Memorandum in opposition to re 8 MOTION for Temporary Restraining Order filed by ALEX AZAR, DANIEL A. BIBLE, ROBERT L. BOATRIGHT, THOMAS HOMAN, WILLIAM JOYCE, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, MANUEL PADILLA, JR, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. OFFICE OF REFUGEE RESETTLEMENT. (Attachments: # 1 Exhibit)(Fabian, Sarah) (Entered: 06/27/2018)

1 Exhibit

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June 27, 2018

June 27, 2018

RECAP

Minute Entry for proceedings held before Judge Paul L. Friedman: Motion Hearing held on 6/27/2018 re 8 MOTION for Temporary Restraining Order filed by E. F., A. P. F., M. G. U.. Motion held in ABEYANCE for reasons stated on the record. Joint Status Report due by 7/5/2018. (Court Reporter: Cathryn Jones.) (tj)

June 27, 2018

June 27, 2018

PACER
17

NOTICE of Appearance by David J. Ball on behalf of A. P. F., E. F., M. G. U. (Ball, David) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

RECAP
18

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Steven C. Herzog, :Firm- Paul, Weiss, Rifkind, Wharton & Garrison LLP, :Address- 1285 Avenue of the Americas, New York, NY 10019-6064. Phone No. - (212) 373-3000. Fax No. - (212) 492-0317 Filing fee $ 100, receipt number 0090-5562962. Fee Status: Fee Paid. by A. P. F., E. F., M. G. U. (Attachments: # 1 Declaration of Steven C. Herzog, # 2 Text of Proposed Order)(Ball, David) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Meredith A. Arfa, :Firm- Paul, Weiss, Rifkind, Wharton & Garrison LLP, :Address- 1285 Avenue of the Americas, New York, NY 10019-6064. Phone No. - (212) 373-3000. Fax No. - (212) 492-0214 Filing fee $ 100, receipt number 0090-5562964. Fee Status: Fee Paid. by A. P. F., E. F., M. G. U. (Attachments: # 1 Declaration of Meredith A. Arfa, # 2 Text of Proposed Order)(Ball, David) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine Kelly Fell, :Firm- Paul, Weiss, Rifkind, Wharton & Garrison LLP, :Address- 1285 Avenue of the Americas, New York, NY 10019-6064. Phone No. - (212) 373-3000. Fax No. - (212) 492-0550 Filing fee $ 100, receipt number 0090-5562965. Fee Status: Fee Paid. by A. P. F., E. F., M. G. U. (Attachments: # 1 Declaration of Katherine Kelly Fell, # 2 Text of Proposed Order)(Ball, David) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

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MINUTE ORDER granting Motion 18 for Leave to Appear Pro Hac Vice of Steven C. Herzog; Motion 19 for Leave to Appear Pro Hac Vice of Meredith A. Arfa; and Motion 20 for Leave to Appear Pro Hac Vice of Katherine Kelly Fell on behalf of plaintiffs. Signed by Judge Paul L. Friedman on June 29, 2018. (lcplf1)

June 29, 2018

June 29, 2018

PACER
21

STIPULATION for Protective Order by ALEX AZAR, DANIEL A. BIBLE, ROBERT L. BOATRIGHT, THOMAS HOMAN, WILLIAM JOYCE, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, MANUEL PADILLA, JR, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. OFFICE OF REFUGEE RESETTLEMENT. (Fabian, Sarah) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

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22

Stipulated Protective Order. Signed by Judge Paul L. Friedman on June 29, 2018. (lcplf1) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

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23

Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Peter McGraw, :Firm- Texas RioGrande Legal Aid, :Address- 1206 East Van Buren St., Brownsville, Texas 78520. Phone No. - 956-982-5543. Fax No. - 915-541-1410 Filing fee $ 100, receipt number 0090-5570175. Fee Status: Fee Paid. by A. P. F., E. F., M. G. U. (Attachments: # 1 Declaration Peter McGraw, # 2 Text of Proposed Order)(Wesevich, Jerome) Modified attorney information on 7/5/2018 (ztd). (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

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Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amanda Chilsholm, :Firm- Texas RioGrande Legal Aid, :Address- 11r N. 6th Street., Alpine, Texas 79830. Phone No. - 432-837-1199. Filing fee $ 100, receipt number 0090-5570193. Fee Status: Fee Paid. by A. P. F., E. F., M. G. U. (Attachments: # 1 Declaration Amanda Chisholm, # 2 Text of Proposed Order)(Wesevich, Jerome) Modified attorney information on 7/5/2018 (ztd). (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

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Emergency MOTION for Discovery Expedition in Advance of Preliminary Injunction Hearing by A. P. F., E. F., M. G. U. (Attachments: # 1 Memorandum in Support, # 2 Declaration Discovery Sought From Defendants, # 3 Text of Proposed Order)(Wesevich, Jerome) (Entered: 07/03/2018)

1 Memorandum in Support

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2 Declaration Discovery Sought From Defendants

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3 Text of Proposed Order

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July 3, 2018

July 3, 2018

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MINUTE ORDER granting Motion 23 for Leave to Appear Pro Hac Vice of Peter McGraw and Motion 24 for Leave to Appear Pro Hac Vice of Amanda Chisholm on behalf of plaintiffs. Signed by Judge Paul L. Friedman on July 4, 2018. (lcplf1)

July 4, 2018

July 4, 2018

PACER

MINUTE ORDER directing defendants to respond to plaintiffs' emergency motion 25 for expedited discovery on or before Friday, July 6, 2018. Signed by Judge Paul L. Friedman on July 4, 2018. (lcplf1)

July 4, 2018

July 4, 2018

PACER
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Joint STATUS REPORT CONCERNING TRO APPLICATION, ECF No. 8 by A. P. F., E. F., M. G. U.. (Attachments: # 1 Text of Proposed Order Plaintiffs' Proposed Order)(Wesevich, Jerome) (Entered: 07/05/2018)

1 Text of Proposed Order Plaintiffs' Proposed Order

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July 5, 2018

July 5, 2018

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MINUTE ORDER. In advance of the hearing on July 12, 2018, the parties are invited to file submissions no longer than five pages each, addressing the relevance, if any, of Damus v. Nielsen, Civil Action No. 18-578, 2018 WL 3232515 (D.D.C. July 2, 2018), to the issues in this case. Signed by Judge Paul L. Friedman on July 6, 2018. (lcplf1)

July 6, 2018

July 6, 2018

PACER
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Memorandum in opposition to re 13 MOTION for Preliminary Injunction filed by ALEX AZAR, DANIEL A. BIBLE, ROBERT L. BOATRIGHT, THOMAS HOMAN, WILLIAM JOYCE, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, MANUEL PADILLA, JR, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. OFFICE OF REFUGEE RESETTLEMENT. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit)(Fabian, Sarah) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

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Memorandum in opposition to re 25 Emergency MOTION for Discovery Expedition in Advance of Preliminary Injunction Hearing filed by ALEX AZAR, DANIEL A. BIBLE, ROBERT L. BOATRIGHT, THOMAS HOMAN, WILLIAM JOYCE, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, MANUEL PADILLA, JR, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. OFFICE OF REFUGEE RESETTLEMENT. (Fabian, Sarah) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

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MINUTE ORDER directing plaintiffs to file a reply in support of their emergency motion 25 for expedited discovery on or before 12:00 p.m. on Monday, July 9, 2018. Signed by Judge Paul L. Friedman on July 7, 2018. (lcplf1)

July 7, 2018

July 7, 2018

PACER
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REPLY to opposition to motion re 25 Emergency MOTION for Discovery Expedition in Advance of Preliminary Injunction Hearing filed by A. P. F., E. F., M. G. U.. (Wesevich, Jerome) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

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MEMORANDUM OPINION AND ORDER granting in part and denying in part 25 plaintiffs' emergency motion for expedited discovery. Signed by Judge Paul L. Friedman on July 9, 2018. (MA) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

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MINUTE ORDER. At the hearing on July 12, 2018, the parties shall be prepared to address both Plaintiffs' Motion 13 for a Preliminary Injunction and Plaintiffs' Motion 8 for a Temporary Restraining Order. Signed by Judge Paul L. Friedman on July 9, 2018. (MA)

July 9, 2018

July 9, 2018

PACER
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REPLY to opposition to motion re 13 MOTION for Preliminary Injunction filed by A. P. F., E. F., M. G. U.. (Attachments: # 1 Exhibit ORR Policy, # 2 Exhibit Texas DFPS Policy, # 3 Exhibit July 6 Status Conference - Ms. L, # 4 Declaration Ms. Shalyn Flulharty)(Wesevich, Jerome) (Entered: 07/09/2018)

2

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4

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July 9, 2018

July 9, 2018

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32

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anand Sithian, :Firm- Paul, Weiss, Rifkind, Wharton & Garrison LLP, :Address- 1285 Avenue of the Americas, New York, NY 10019-6064. Phone No. - (212) 373-3000. Fax No. - (212) 492-0464 Filing fee $ 100, receipt number 0090-5580221. Fee Status: Fee Paid. by A. P. F., E. F., M. G. U. (Attachments: # 1 Declaration of Anand Sithian, # 2 Text of Proposed Order)(Ball, David) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

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33

NOTICE of Appearance by Nicole Newcomb Murley on behalf of All Defendants (Murley, Nicole) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

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34

ORDER granting 32 motion for admission pro hac vice of Anand Sithian on behalf of plaintiffs. Signed by Judge Paul L. Friedman on July 11, 2018. (MA) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
35

TRANSCRIPT OF PROCEEDINGS before Judge Paul L. Friedman held on June 27, 2018; Page Numbers: 1 - 32. Court Reporter/Transcriber Cathryn Jones, Telephone number 2023543246, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>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, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>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.<P></P> Redaction Request due 8/1/2018. Redacted Transcript Deadline set for 8/11/2018. Release of Transcript Restriction set for 10/9/2018.(Jones, Cathryn) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

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36

NOTICE of Supplementary Preliminary Injunction Evidence by A. P. F., E. F., M. G. U. re 12 Errata (Attachments: # 1 Exhibit Defendants' Discovery Responses, # 2 Exhibit EF Form Produced by Defendants, # 3 Exhibit EF Declaration)(Wesevich, Jerome) (Entered: 07/12/2018)

1 Exhibit Defendants' Discovery Responses

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2 Exhibit EF Form Produced by Defendants

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3 Exhibit EF Declaration

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July 11, 2018

July 11, 2018

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37

NOTICE Regarding Damus v. Nielsen by A. P. F., E. F., M. G. U. re Order, (Wesevich, Jerome) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

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38

NOTICE of Supplementary Preliminary Injunction Evidence by A. P. F., E. F., M. G. U. re 13 MOTION for Preliminary Injunction (Attachments: # 1 Declaration Ashley Martinez)(Wesevich, Jerome) (Entered: 07/12/2018)

1

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July 12, 2018

July 12, 2018

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Minute Entry for Preliminary Injunction hearing held before Judge Paul L. Friedman on 7/12/18. Argument heard and motion taken under advisement. Oral motion for stay of plaintiff E.F.s removal from the United States until plaintiffs intentions are clarified, is taken under advisement. Declaration of Ms. Martinez and plaintiff E.F. to be filed by 7/13/18. Status report regarding asylum application of plaintiff E.F. and status of removal order to be filed by defendants by 7/13/18. Status report regarding credible fear interview of plaintiff A.P.F to be filed by defendants by 7/13/18. Revised proposed order regarding plaintiffs motion for temporary restraining order to be filed by 7/13/18. Relevant status reports submitted in the Ms. L. class action on or after 7/12/18, to be promptly filed in this action by defendants. Order to follow. (Court Reporter: Lisa Griffith.) (tj)

July 12, 2018

July 12, 2018

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39

STATUS REPORT by ALEX AZAR, DANIEL A. BIBLE, ROBERT L. BOATRIGHT, THOMAS HOMAN, WILLIAM JOYCE, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, MANUEL PADILLA, JR, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. OFFICE OF REFUGEE RESETTLEMENT. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Murley, Nicole) (Entered: 07/13/2018)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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July 13, 2018

July 13, 2018

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40

STATUS REPORT BY PLAINTIFFS REGARDING JULY 12, 2018 HEARING by A. P. F., E. F., M. G. U.. (Attachments: # 1 Declaration E.F., # 2 Text of Proposed Order)(Wesevich, Jerome) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

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41

Supplemental STATUS REPORT BY PLAINTIFFS REGARDING JULY 12, 2018 HEARING by A. P. F., E. F., M. G. U.. (Attachments: # 1 Declaration Ashley Martinez)(Wesevich, Jerome) (Entered: 07/13/2018)

1 Declaration Ashley Martinez

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July 13, 2018

July 13, 2018

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42

MEMORANDUM OPINION AND ORDER granting in part and denying in part as moot 8 plaintiffs' application for a temporary restraining order. Signed by Judge Paul L. Friedman on July 16, 2018. (MA) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

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43

NOTICE Of Additional Filings in Ms. L by ALEX AZAR, DANIEL A. BIBLE, ROBERT L. BOATRIGHT, THOMAS HOMAN, WILLIAM JOYCE, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, MANUEL PADILLA, JR, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. OFFICE OF REFUGEE RESETTLEMENT (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Murley, Nicole) (Entered: 07/16/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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July 16, 2018

July 16, 2018

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44

MEMORANDUM OPINION AND ORDER that defendants are temporarily restrained from removing from the United States plaintiff E.F. until further court order. Signed by Judge Paul L. Friedman on July 16, 2018. (MA) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

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45

STATUS REPORT by ALEX AZAR, DANIEL A. BIBLE, ROBERT L. BOATRIGHT, THOMAS HOMAN, WILLIAM JOYCE, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, MANUEL PADILLA, JR, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. OFFICE OF REFUGEE RESETTLEMENT. (Murley, Nicole) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

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46

ORDER granting plaintiffs' Motion 13 for a Preliminary Injunction. Defendants must reunify plaintiff E.F. with her son on or before midnight on Friday, July 20, 2018. Signed by Judge Paul L. Friedman on July 18, 2018. (lcplf1) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

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47

OPINION re plaintiffs' Motion 13 for a Preliminary Injunction. Signed by Judge Paul L. Friedman on July 18, 2018. (lcplf1) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

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MINUTE ORDER directing the parties to file a joint notice on or before July 25, 2018, advising the Court of the status of plaintiff E.F. and her child and defendants' compliance with the Court's Order of July 18, 2018. Signed by Judge Paul L. Friedman on July 24, 2018. (MA)

July 24, 2018

July 24, 2018

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Set/Reset Deadlines: Joint Notice due by 7/25/2018. (gdf)

July 24, 2018

July 24, 2018

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48

NOTICE Joint Notice by ALEX AZAR, DANIEL A. BIBLE, ROBERT L. BOATRIGHT, THOMAS HOMAN, WILLIAM JOYCE, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, MANUEL PADILLA, JR, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. OFFICE OF REFUGEE RESETTLEMENT re Order, (Fabian, Sarah) (Entered: 07/25/2018)

July 25, 2018

July 25, 2018

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49

TRANSCRIPT OF PROCEEDINGS before Judge Paul L. Friedman held on 7-12-18; Page Numbers: 1-59. Date of Issuance:8-8-18. Court Reporter/Transcriber Lisa Griffith, Telephone number (202) 354-3247, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>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, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>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.<P></P> Redaction Request due 8/29/2018. Redacted Transcript Deadline set for 9/8/2018. Release of Transcript Restriction set for 11/6/2018.(Griffith, Lisa) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

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MINUTE ORDER. The parties are directed to meet and confer and submit a joint status report as to how they intend to proceed in this matter on or before Monday, August 27, 2018. Signed by Judge Paul L. Friedman on August 20, 2018. (lcplf1)

Aug. 20, 2018

Aug. 20, 2018

PACER

Set/Reset Deadlines: Status Report due by 8/27/2018 (tj)

Aug. 21, 2018

Aug. 21, 2018

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50

Joint STATUS REPORT Regarding August 20, 2018 Order by A. P. F., E. F., M. G. U.. (Herzog, Steven) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

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MINUTE ORDER. In view of the parties' joint status report 50, the parties shall file a further joint status report on or before September 10, 2018. Signed by Judge Paul L. Friedman on August 28, 2018. (MA)

Aug. 28, 2018

Aug. 28, 2018

PACER

Set/Reset Deadlines: Status Report due by 9/10/2018 (tj)

Aug. 29, 2018

Aug. 29, 2018

PACER
51

Joint STATUS REPORT by A. P. F., E. F., M. G. U.. (TEXAS RIOGRANDE LEGAL AID, INCWesevich, Jerome) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

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52

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by ALEX AZAR, DANIEL A. BIBLE, ROBERT L. BOATRIGHT, THOMAS HOMAN, WILLIAM JOYCE, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, MANUEL PADILLA, JR, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. OFFICE OF REFUGEE RESETTLEMENT (Fabian, Sarah) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

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MINUTE ORDER granting defendants' unopposed motion 52 to extend the deadline to answer or otherwise respond to plaintiffs' complaint to November 9, 2018. Signed by Judge Paul L. Friedman on November 2, 2018. (lcplf1)

Nov. 2, 2018

Nov. 2, 2018

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53

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by ALEX AZAR, DANIEL A. BIBLE, ROBERT L. BOATRIGHT, THOMAS HOMAN, WILLIAM JOYCE, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, MANUEL PADILLA, JR, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. OFFICE OF REFUGEE RESETTLEMENT (Fabian, Sarah) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

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54

Unopposed MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss for Lack of Jurisdiction by A. P. F., E. F., M. G. U. (Attachments: # 1 Text of Proposed Order)(Herzog, Steven) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

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MINUTE ORDER granting plaintiffs' unopposed motion 54 for extension of time regarding briefing schedule. Plaintiffs shall file their response to defendants' motion to dismiss 53 on or before December 7, 2018. Defendants shall file their reply, if any, on or before December 21, 2018. Signed by Judge Paul L. Friedman on November 19, 2018. (MA)

Nov. 19, 2018

Nov. 19, 2018

PACER

Set/Reset Deadlines: Responses due by 12/7/2018; Replies due by 12/21/2018. (tj)

Nov. 20, 2018

Nov. 20, 2018

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55

Memorandum in opposition to re 53 MOTION to Dismiss for Lack of Jurisdiction filed by A. P. F., E. F., M. G. U.. (Attachments: # 1 Exhibit 1-11, # 2 Text of Proposed Order)(Herzog, Steven) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

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56

Unopposed MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss for Lack of Jurisdiction by ALEX AZAR, DANIEL A. BIBLE, ROBERT L. BOATRIGHT, THOMAS HOMAN, WILLIAM JOYCE, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, MANUEL PADILLA, JR, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. OFFICE OF REFUGEE RESETTLEMENT (Fabian, Sarah) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

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57

ORDER granting defendants' unopposed motion 56 for extension of time to file their reply in support of their motion 53 to dismiss. Defendants shall file their reply on or before January 4, 2019. Signed by Judge Paul L. Friedman on December 21, 2018. (lcplf1) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

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58

MOTION for Leave to File Attached First Supplemental Complaint Adding Two Parties by A. P. F., E. F., M. G. U. (Attachments: # 1 Exhibit Proposed Supplemental Complaint, # 2 Text of Proposed Order)(TEXAS RIOGRANDE LEGAL AID, INCWesevich, Jerome) (Entered: 12/23/2018)

Dec. 23, 2018

Dec. 23, 2018

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59

Emergency MOTION for Temporary Restraining Order by A. P. F., E. F., M. G. U., P. M. B., C. O. M. (Attachments: # 1 Declaration Declaration of Denise Gilman, # 2 Exhibit Settlement Agreement, # 3 Exhibit Government's Denial of Settlement Agreement Applicability, # 4 Declaration Young Center Declaration, # 5 Declaration Fluharty Declaration, # 6 Declaration Plaintiff P.M.B. Declaration, # 7 Text of Proposed Order)(TEXAS RIOGRANDE LEGAL AID, INCWesevich, Jerome) (Entered: 12/23/2018)

1 Declaration Declaration of Denise Gilman

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2 Exhibit Settlement Agreement

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3 Exhibit Government's Denial of Settlement Agreement Applicability

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4 Declaration Young Center Declaration

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5 Declaration Fluharty Declaration

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6 Declaration Plaintiff P.M.B. Declaration

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7 Text of Proposed Order

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Dec. 23, 2018

Dec. 23, 2018

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60

ORDER: Upon consideration of Plaintiffs' Motion for Emergency TRO, Dkt. 59, it is hereby ORDERED that Defendants are temporarily restrained from separating P.M.B. and C.O.M. or removing from the United States Plaintiff P.M.B. until further order of this Court. See document for details. Signed by Judge Randolph D. Moss on 12/24/2018. (lcrdm1, ) (Entered: 12/24/2018)

Dec. 24, 2018

Dec. 24, 2018

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61

Unopposed MOTION to Stay All Case Deadlines Due To Lapse in Appropriations by ALEX AZAR, DANIEL A. BIBLE, ROBERT L. BOATRIGHT, THOMAS HOMAN, WILLIAM JOYCE, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, MANUEL PADILLA, JR, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. OFFICE OF REFUGEE RESETTLEMENT (Fabian, Sarah) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

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Set/Reset Deadlines: Replies due by 1/4/2019. (tj)

Dec. 26, 2018

Dec. 26, 2018

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62

ORDER granting defendants' unopposed motion 61 to stay case deadlines in light of lapse of appropriations. Signed by Judge Paul L. Friedman on December 27, 2018. (lcplf1) (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

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63

NOTICE of Restoration of Appropriations by ALEX AZAR, DANIEL A. BIBLE, ROBERT L. BOATRIGHT, THOMAS HOMAN, WILLIAM JOYCE, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, MANUEL PADILLA, JR, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. OFFICE OF REFUGEE RESETTLEMENT (Fabian, Sarah) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

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MINUTE ORDER In accordance with 63 Defendants' Notice of Restoration of Appropriations, the stay on briefing is lifted and Defendants shall submit any reply in support of 53 their motion to dismiss by February 15, 2019. Defendants shall also submit any response to 58 Plaintiff's Motion for Leave to File Supplemental Complaint by February 15, 2019. Signed by Judge Paul L. Friedman on January 31, 2019. (MA)

Jan. 31, 2019

Jan. 31, 2019

PACER
64

Unopposed MOTION to Withdraw 58 MOTION for Leave to File Attached First Supplemental Complaint Adding Two Parties, 60 Order on Motion for TRO, by P. M. B., A. P. F., E. F., C. O. M., M. G. U. (Attachments: # 1 Text of Proposed Order)(Wesevich, Jerome). Added MOTION on 2/4/2019 (ztd). (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

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65

REPLY to opposition to motion re 53 MOTION to Dismiss for Lack of Jurisdiction filed by ALEX AZAR, DANIEL A. BIBLE, ROBERT L. BOATRIGHT, THOMAS HOMAN, WILLIAM JOYCE, SCOTT LLOYD, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, MANUEL PADILLA, JR, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. OFFICE OF REFUGEE RESETTLEMENT. (Fabian, Sarah) (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

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66

ORDER granting 64 plaintiffs' unopposed motion to dissolve temporary restraining order and to withdraw motions [58, 59] without prejudice to refiling as necessary. Signed by Judge Paul L. Friedman on February 19, 2019. (MA) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

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67

NOTICE OF WITHDRAWAL OF APPEARANCE as to P. M. B., A. P. F., E. F., C. O. M., M. G. U.. Attorney Katherine kelly Fell terminated. (Fell, Katherine) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

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68

SHOW CAUSE ORDER: On or before July 9, 2019, plaintiffs shall show cause for why this action should not be dismissed as moot. Signed by Judge Paul L. Friedman on June 25, 2019. (lcplf1) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

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Set/Reset Deadlines

June 26, 2019

June 26, 2019

PACER

Set/Reset Deadlines: Reply to Show Cause due by 7/9/2019. (tj)

June 26, 2019

June 26, 2019

PACER
69

Extension of Time to File Response/Reply

July 3, 2019

July 3, 2019

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

July 3, 2019

July 3, 2019

PACER
70

Notice of Voluntary Dismissal

July 19, 2019

July 19, 2019

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Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 20, 2018

Closing Date: July 19, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three non-U.S. citizens from Guatemala and Honduras who were seeking entry at the U.S. border and separated from their children.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security (Washington D.C.), Federal

U.S. Immigration and Customs Enforcement (Washington D.C.), Federal

U.S. Customs and Border Protection (Washington D.C.), Federal

U.S. Department of Health & Human Services (Washington D.C.), Federal

U.S. Office of Refugee Resettlement (Washington D.C.), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2018 - 2019

Content of Injunction:

Preliminary relief granted

Issues

General:

Family reunification

Juveniles

Parents (visitation, involvement)

Placement in detention facilities

Sanitation / living conditions

Youth / Adult separation

Type of Facility:

Government-run

Immigration/Border:

Asylum - criteria

Asylum - procedure

Constitutional rights

Criminal prosecution

Detention - conditions

Detention - criteria

Detention - procedures

Family Separation

Refugees

Undocumented immigrants - rights and duties