Case: Grace v. Sessions

1:18-cv-01853 | U.S. District Court for the District of Columbia

Filed Date: Aug. 7, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is a response to the Attorney General's decision in Matter of A-B-, issued in June 2018, and updated guidelines for asylum officers the Department of Homeland Security (DHS) issued a month later, instructing them to apply Matter of A-B-'s holding to credible fear screenings. On August 7, 2018, this suit was filed in the U.S. District Court for the District of Columbia by asylum applicants plaintiffs all ordered removed following the rejection of their asylum claims at the credible fea…

This case is a response to the Attorney General's decision in Matter of A-B-, issued in June 2018, and updated guidelines for asylum officers the Department of Homeland Security (DHS) issued a month later, instructing them to apply Matter of A-B-'s holding to credible fear screenings.

On August 7, 2018, this suit was filed in the U.S. District Court for the District of Columbia by asylum applicants plaintiffs all ordered removed following the rejection of their asylum claims at the credible fear assessment stage. They alleged that the Attorney General's decision in Matter of A-B- articulated new, unlawful standards for adjudicating asylum claims relating to domestic and gang violence. The defendants were the Attorney General, the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), and the Executive Office for Immigration Review (EOIR). The plaintiffs filed these claims under the Administrative Procedure Act (APA), the Immigration and Nationality Act (INA), and the Refugee Act of 1980. Represented by the ACLU and the Center for Gender & Refugee Studies, the plaintiffs sought declaratory and injunctive relief, as well as attorneys' fees and costs. They claimed that the defendants unlawfully implemented this new screening standard for asylum seekers in expedited removal proceedings, effectively depriving all applicants of their right to pursue asylum. The case was assigned to Judge Emmet Sullivan.

The plaintiffs claimed that as a result of these new policies most credible fear claims connected to domestic or gang violence were categorically denied; applicants were required to show that their home government "condones or is completely helpless" to protect them from feared persecution (as opposed to the prior "unable or unwilling" standard). This placed a higher burden on individuals seeking asylum based on membership in a particular social group. Moreover, asylum adjudicators were instructed to ignore any federal court of appeals decisions that conflicted with these new credible fear policies.

On August 8, 2018, the plaintiffs filed for a preliminary injunction and an emergency motion for stay of removal because two of the plaintiffs were subject to imminent removal. At an emergency hearing on August 8, the defendants agreed that the two plaintiffs would not be removed prior to 11:59 pm on August 9. However, following a hearing on the motions on the morning of August 9, the court learned that the two plaintiffs had in fact been removed from detention and placed on a flight to El Salvador during the hearing. The Court issued an oral order requiring the defendants to return the two plaintiffs to the U.S. as soon as possible.

On August 9, 2018, the court also granted a temporary stay of removal for all the plaintiffs pending the Court's determination of whether it had jurisdiction to enter a stay of removal in the case. 2018 WL 3812445.

On September 12 the defendants filed for summary judgment, claiming that the court lacked jurisdiction to hear the plaintiffs' claims, and furthermore, that all of the plaintiffs' claims failed as a matter of law. The plaintiffs filed a cross motion for summary judgment on September 26, alleging that their claims were justiciable and that they were entitled to summary judgment on the merits.

Four parties filed amicus briefs in support of the plaintiff's motion for summary judgment on October 2 and 3, 2018. The amici were filed by Tahrih Justice Center; a group of 10 law professors specializing in administrative law; the attorneys general of California, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington; and the United Nations High Commissioner of Refugees.

The District Court heard arguments on the cross motions on November 19, 2018. Judge Sullivan partially granted and partially denied the motions for summary judgment in a December 19, 2018 opinion. He found several parts of the DHS's policies and rules based off of Matter of A-B- to be in violation of the APA's arbitrary and capricious standard:

the general rule against credible fear claims relating to domestic and gang violence . . . the requirement that a noncitizen whose credible fear claim involves non-governmental persecutors “show the government condoned the private actions or at least demonstrated a complete helplessness to protect the victim” . . . the Policy Memorandum’s rule that domestic violence based particular social group definitions that include “inability to leave” a relationship are impermissibly circular. . . the Policy Memorandum’s requirement that, during the credible fear stage, individuals claiming credible fear must delineate or identify any particular social group in order to satisfy credible fear based on the particular social group protected ground. . . the Policy Memorandum’s directive that asylum officers conducting credible fear interviews should apply federal circuit court case law only “to the extent that those cases are not inconsistent with Matter of A-B-”. . . [and] the Policy Memorandum’s directive that asylum officers conducting credible fear interviews should apply only the case law of “the circuit where the alien is physically located during the credible fear interview.”
He vacated all of these policies and permanently enjoined the defendants from using them going forward. In addition, he ordered the defendants to bring back any plaintiffs who had been removed from the United States under the now-enjoined policies and to give them a new credible fear evaluation. He granted the defendant's summary judgment motion with respect to due process and nexus and discretion claims. 344 F.Supp.3d 96.

The defendants appealed the summary judgment decision to the D.C. Court of Appeals on January 17, 2019. They also filed a motion to stay district court proceedings, but Judge Sullivan denied the motion on January 25; this left the injunction in place and forced the defendants to continue reporting on compliance with the injunction during the appeal. 2019 WL 329572. The U.N. High Commissioner for Refugees and the state attorneys general from the district court amicus briefs, among others, filed amici for the appeal as well.

On July 17, 2020, the D.C. Circuit issued their opinion and ruled primarily in favor of the plaintiffs. It reversed the district court’s grant of summary judgment with respect to the “circularity rule,” which governs how immigration officials analyze asylum claims premised on an applicant's membership in a particular social group, and the rule regarding domestic- and gang-violence claims. As such, it vacated the injunction as it pertained to those issues. But the appellate court affirmed the judgment and the injunction otherwise; and remanded the case back to the district court. 965 F.3d 883.

The case is ongoing.

Summary Authors

Sam Kulhanek (11/29/2018)

Ellen Aldin (6/12/2020)

Lily Sawyer-Kaplan (9/21/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7619981/parties/grace-v-sessions/


Judge(s)

Griffith, Thomas Beall (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Clancy, Thomas P. (California)

Dutton, Anne Kathleen Scholten (California)

Eiland, Katrina L. (California)

Jadwat, Omar C. (New York)

Lapidus, Lenora M. (New York)

Lee, Eunice (California)

Judge(s)

Griffith, Thomas Beall (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Clancy, Thomas P. (California)

Dutton, Anne Kathleen Scholten (California)

Eiland, Katrina L. (California)

Jadwat, Omar C. (New York)

Lapidus, Lenora M. (New York)

Lee, Eunice (California)

Michelman, Scott (District of Columbia)

Musalo, Karen (California)

Newell, Jennifer Chang (California)

Park, Sandra S. (New York)

Perez, Celso Javier (New York)

Rabinovitz, Judy (New York)

Roth, Emma Jane (New York)

Segura, Andre (Texas)

Spitzer, Arthur (District of Columbia)

Wofsy, Cody H. (California)

Attorneys(s) for Defendant

Darrow, Joseph A. (District of Columbia)

Greer, Christina P. (District of Columbia)

Press, Joshua S. (District of Columbia)

Reuveni, Erez (District of Columbia)

Other Attorney(s)

Alikhan, Loren L. (District of Columbia)

Balderas, Hector (New Mexico)

Becerra, Xavier (California)

Carpenter, Julie (District of Columbia)

Connors, Clare E. (Hawaii)

Denn, Matthew P. (Delaware)

Donovan, Thomas J. Jr. (Vermont)

Ellison, Keith (Minnesota)

Farmer, Alice (District of Columbia)

Ferguson, Robert W. (Washington)

Ford, Aaron D. (Nevada)

Frey, Aaron M (Maine)

Frosh, Brian E. (Maryland)

Grewal, Gurbir S. (New Jersey)

Gupta, Anjum (District of Columbia)

Healey, Maura T. (Massachusetts)

Herring, Mark R. (Virginia)

Ho, Derek Tam (District of Columbia)

James, Letitia (New York)

Jennings, Kathleen (Delaware)

Jepsen, George (Connecticut)

Kasner, Alexander J. (District of Columbia)

Kilmartin, Peter F. (Rhode Island)

Levine, Philip J. (District of Columbia)

Litos, Stephanie E. (District of Columbia)

Madigan, Lisa (Illinois)

Majumdar, Irina M. (District of Columbia)

May, Rachel Proctor (District of Columbia)

Miller, Thomas J. (Iowa)

Mills, Janet T. (Maine)

Neronha, Peter F. (Rhode Island)

Nessel, Dana M. (Michigan)

Preston, Lewis T. (District of Columbia)

Racine, Karl A. (District of Columbia)

Ragland, Thomas K. (District of Columbia)

Raoul, Kwame (Illinois)

Reyes, Ana C. (District of Columbia)

Rosenblum, Ellen F. (Oregon)

Sarma, Christopher M. (District of Columbia)

Shapiro, Joshua D. (Pennsylvania)

Speyer, Joseph (District of Columbia)

Suzuki, Russell A. (Hawaii)

Swanson, Lori (Minnesota)

Thompson, Paul Michael (Virginia)

Tong, William (Connecticut)

Underwood, Barbara D. (New York)

Van Zile, Caroline S. (District of Columbia)

Wang, Xiao (District of Columbia)

Weiser, Philip J. (Colorado)

Yuan, Youlin (District of Columbia)

Documents in the Clearinghouse

Document

1:18-cv-01853

Docket [PACER]

Nov. 12, 2020

Nov. 12, 2020

Docket
1

1:18-cv-01853

Complaint

Aug. 7, 2018

Aug. 7, 2018

Complaint
22

1:18-cv-01853

Order

2018 WL 3812445

Aug. 9, 2018

Aug. 9, 2018

Order/Opinion
80

1:18-cv-01853

Brief of the Tahirih Justice Center, et al. as Amici Curiae in Support of Plaintiffs' Opposition and Motion for Summary Judgment

Oct. 2, 2018

Oct. 2, 2018

Pleading / Motion / Brief
82

1:18-cv-01853

Brief for the District of Columbia and the States of California, Colorado, [...] and Washington as Amici Curiae in Support of the Plaintiffs

Oct. 2, 2018

Oct. 2, 2018

Pleading / Motion / Brief
81

1:18-cv-01853

Brief of Administrative Law Professors as Amici Curiae in Support of Plaintiffs

Oct. 2, 2018

Oct. 2, 2018

Pleading / Motion / Brief
84

1:18-cv-01853

Brief of the United Nations High Commissioner for Refugees as Amicus Curiae of Plaintiffs' Cross-Motion for Summary Judgment

Oct. 3, 2018

Oct. 3, 2018

Pleading / Motion / Brief
105

1:18-cv-01853

Order

Grace v. Whitaker

Dec. 19, 2018

Dec. 19, 2018

Order/Opinion
106

1:18-cv-01853

Memorandum Opinion

Grace v. Whitaker

344 F.Supp.3d 96

Dec. 19, 2018

Dec. 19, 2018

Order/Opinion
124

1:18-cv-01853

Memorandum Opinion and Order

Grace v. Whitaker

2019 WL 329572

Jan. 25, 2019

Jan. 25, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7619981/grace-v-sessions/

Last updated Aug. 14, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

MOTION for Leave to Proceed Under Pseudonyms and to File Supporting Exhibits Under Seal by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (jf) (Entered: 08/08/2018)

Aug. 7, 2018

Aug. 7, 2018

RECAP
2

ORDER granting 1 MOTION for Leave to Proceed Under Pseudonyms and to File Supporting Exhibits Under Seal; further ordered, that the list of the full names of the plaintiffs and their children shall remain under seal until further order of the Court.. Signed by Chief Judge Beryl A. Howell on August 07, 2018. (See Order for Full Details) (jf) (Entered: 08/08/2018)

Aug. 7, 2018

Aug. 7, 2018

RECAP
3

COMPLAINT against LEE FRANCIS CISSNA, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON BEAUREGARD SESSIONS, III ( Filing fee $ 400, receipt number 4616094025) filed by CINDY ARDON MEJIA, J.A.C.F., MINA, GRACE, CARMEN, GINA, NORA, A.P.A., GIO, MONA, A.B.A., MARIA. (Attachments: # 1 Civil Cover Sheet)(jf) Modified on 8/10/2018 (zrdj). (Entered: 08/08/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
4

SEALED Declarations filed by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA. re 3 Complaint, filed by MARIA, A.B.A., J.A.C.F., CINDY ARDON MEJIA, A.P.A., GINA, MINA, MONA, CARMEN, GIO, GRACE, NORA. (This document is SEALED and only available to authorized persons.)(zjf) (Entered: 08/08/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER

MINUTE ORDER. In view of the forthcoming motion for temporary restraining order, the Court, sua sponte, schedules a status conference for August 8, 2018 at 2:00 pm in Courtroom 24A. Plaintiffs are HEREBY DIRECTED to contact forthwith the United States Attorney's Office for the District or Columbia and/or the Department of Justice as appropriate to identify government counsel. Signed by Judge Emmet G. Sullivan on 8/8/2018. (lcegs2)

Aug. 8, 2018

Aug. 8, 2018

PACER
5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cody H. Wofsy, :Firm- American Civil Liberties Union Foundation Immigrants' Right Project, :Address- 39 Drumm St, San Francisco, CA 94111. Phone No. - 415-343-0770. Fax No. - 415-395-0950 Filing fee $ 100, receipt number 0090-5628203. Fee Status: Fee Paid. by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (Attachments: # 1 Certificate of Service Certificate of Service)(Michelman, Scott) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jennifer Chang Newell, :Firm- American Civil Liberties Union Foundation Immigrants' Rights Project, :Address- 39 Drumm St, San Francisco, CA 94111. Phone No. - 415-343-0770. Fax No. - 415-395-0950 Filing fee $ 100, receipt number 0090-5628241. Fee Status: Fee Paid. by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (Attachments: # 1 Certificate of Service Certificate of Service)(Michelman, Scott) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Judy Rabinovitz, :Firm- American Civil Liberties Union Foundation Immigrants' Rights Project, :Address- 125 Broad St, 18th Floor, New York, NY 10004. Phone No. - 212-549-2618. Fax No. - 212-549-2654 Filing fee $ 100, receipt number 0090-5628273. Fee Status: Fee Paid. by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (Attachments: # 1 Certificate of Service Certificate of Service)(Michelman, Scott) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katrina Eiland, :Firm- American Civil Liberties Union Foundation Immigrants' Rights Project, :Address- 39 Drumm St, San Francisco, CA 94111. Phone No. - 415-343-0770. Fax No. - 415-395-0950 Filing fee $ 100, receipt number 0090-5628296. Fee Status: Fee Paid. by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (Attachments: # 1 Certificate of Service Certificate of Service)(Michelman, Scott) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
9

NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER

Status Conference

Aug. 8, 2018

Aug. 8, 2018

PACER
10

MOTION for Preliminary Injunction by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (Attachments: # 1 Memorandum in Support, # 2 Declaration of Deborah Anker, # 3 Declaration of Sarah Mujahid, # 4 Exhibit Exhibit Index, # 5 Exhibit A - F, # 6 Exhibit G - L, # 7 Exhibit M - T, # 8 Text of Proposed Order)(Michelman, Scott) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER

Order

Aug. 8, 2018

Aug. 8, 2018

PACER
11

MOTION for Temporary Restraining Order for Emergency Stay of Removal by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (Attachments: # 1 LR 65.1 Cert of Counsel, # 2 Text of Proposed Order)(Michelman, Scott) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 8, 2018

Aug. 8, 2018

PACER
12

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration of Grace, # 2 Declaration of Carmen, # 3 Declaration of Mina, # 4 Declaration of Gina, # 5 Declaration of Mona, # 6 Declaration of Gio, # 7 Declaration of Maria, # 8 Declaration of Nora, # 9 Declaration of Cindy, # 10 Text of Proposed Order)(Michelman, Scott) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER

MINUTE ORDER granting 5 motion for leave to appear pro hac vice. Cody H. Wofsy is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on 8/8/2018. (lcegs2)

Aug. 8, 2018

Aug. 8, 2018

PACER

MINUTE ORDER granting 6 motion for leave to appear pro hac vice. Jennifer Chang Newell is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on 8/8/2018. (lcegs2)

Aug. 8, 2018

Aug. 8, 2018

PACER

MINUTE ORDER granting 7 motion for leave to appear pro hac vice. Judy Rabinovitz is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on 8/8/2018. (lcegs2)

Aug. 8, 2018

Aug. 8, 2018

PACER

MINUTE ORDER granting 8 motion for leave to appear pro hac vice. Katrina Eiland is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on 8/8/2018. (lcegs2)

Aug. 8, 2018

Aug. 8, 2018

PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 8/8/2018. Government Submissions to be filed no later than 8:00 PM on 8/8/2018. Plaintiff to Reply by 1:00 AM. A Motion Hearing is set for 8/9/2018 at 09:30 AM in Courtroom 24A before Judge Emmet G. Sullivan. (Court Reporter Scott Wallace) (znbn)

Aug. 8, 2018

Aug. 8, 2018

PACER
13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sandra Shin-Young Park, :Firm- American Civil Liberties Union Women's Rights Project, :Address- 125 Broad St, 18th Floor, New York, NY 10004. Phone No. - 212-519-7871. Fax No. - 212-549-2650 Filing fee $ 100, receipt number 0090-5629175. Fee Status: Fee Paid. by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (Attachments: # 1 Certificate of Service Certificate of Service)(Michelman, Scott) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER

MINUTE ORDER. Plaintiffs have not yet filed the memorandum accompanying 11 Motion for Temporary Restraining Order for Emergency Stay of Removal referenced in the Motion. ECF No. 11 at 1. Plaintiffs are HEREBY ORDERED to file the memorandum in support of their motion by no later than 5:50 pm Eastern Daylight Time. Signed by Judge Emmet G. Sullivan on 8/8/2018. (lcegs2)

Aug. 8, 2018

Aug. 8, 2018

PACER
14

NOTICE of Filing Memorandum by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA re Order, 11 MOTION for Temporary Restraining Order for Emergency Stay of Removal (Attachments: # 1 Memorandum in Support of Stay Motion (and Preliminary Injunction))(Michelman, Scott) (Entered: 08/08/2018)

1 Memorandum in Support of Stay Motion (and Preliminary Injunction)

View on RECAP

Aug. 8, 2018

Aug. 8, 2018

RECAP
15

NOTICE of Appearance by Erez Reuveni on behalf of All Defendants (Reuveni, Erez) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
16

Memorandum in opposition to re 10 MOTION for Preliminary Injunction, 11 MOTION for Temporary Restraining Order for Emergency Stay of Removal filed by LEE FRANCIS CISSNA, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON BEAUREGARD SESSIONS, III. (Reuveni, Erez) Modified to add link on 8/13/2018 (znmw). (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER

MINUTE ORDER granting 13 motion for leave to appear pro hac vice. Sandra Shin-Young Park is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on 8/8/2018. (lcegs2)

Aug. 8, 2018

Aug. 8, 2018

PACER
17

NOTICE of Appearance by Cody H. Wofsy on behalf of All Plaintiffs (Wofsy, Cody) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
18

NOTICE of Appearance by Jennifer Chang Newell on behalf of All Plaintiffs (Newell, Jennifer) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
19

REPLY to opposition to motion re 10 MOTION for Preliminary Injunction, 11 MOTION for Temporary Restraining Order for Emergency Stay of Removal filed by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA. (Michelman, Scott) Modified to add link on 8/13/2018 (znmw). (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

PACER

Order

Aug. 9, 2018

Aug. 9, 2018

PACER

MINUTE ORDER. Due to the Court's calendar, the motions hearing previously scheduled for 8/9/2018 at 9:30am will now take place on 8/9/2018 at 10:00am in Courtroom 24A. PLEASE NOTE THE TIME CHANGE. The Court regrets any inconvenience to the parties. Signed by Judge Emmet G. Sullivan on 8/9/2018. (lcegs2)

Aug. 9, 2018

Aug. 9, 2018

PACER

Set/Reset Hearings

Aug. 9, 2018

Aug. 9, 2018

PACER

Set/Reset Hearings: Motion Hearing set for 8/9/2018 at 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (znbn)

Aug. 9, 2018

Aug. 9, 2018

PACER

Motion Hearing

Aug. 9, 2018

Aug. 9, 2018

PACER
20

STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 08/09/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 08/09/2018)

1 Exhibit 1

View on PACER

Aug. 9, 2018

Aug. 9, 2018

PACER

Set/Reset Deadlines

Aug. 9, 2018

Aug. 9, 2018

PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion Hearing held on 8/9/2018 re 10 Motion for Preliminary Injunction and 11 Motion for Temporary Restraining Order. The Court Will Issue Orders Forthcoming. (Court Reporter SCOTT WALLACE.) (mac)

Aug. 9, 2018

Aug. 9, 2018

PACER
21

ORDER granting temporary stay of removal. Signed by Judge Emmet G. Sullivan on 8/9/2018. (lcegs2) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

RECAP
22

ORDER directing defendants to return plaintiffs to the United States FORTHWITH. Signed by Judge Emmet G. Sullivan on 8/9/2018.(lcegs2) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

RECAP

Set/Reset Deadlines: Defendant Status Report due on 8/10/2018 by 5:00PM. (mac)

Aug. 9, 2018

Aug. 9, 2018

PACER
23

TRANSCRIPT OF PROCEEDINGS before Judge Emmet G. Sullivan held on 8-9-18; Page Numbers: 1-48. Date of Issuance:8-9-18. Court Reporter/Transcriber Scott Wallace, Telephone number 202-354-3196, 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 8/31/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/8/2018.(Wallace, Scott) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

RECAP

Order

Aug. 10, 2018

Aug. 10, 2018

PACER
24

NOTICE of Appearance by Joshua Samuel Press on behalf of All Defendants (Press, Joshua) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
25

STATUS REPORT concerning compliance with the Court's order (ECF No. 22) by LEE FRANCIS CISSNA, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON BEAUREGARD SESSIONS, III. (Reuveni, Erez) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

RECAP
26

NOTICE of Appearance by Joseph Anton Darrow on behalf of All Defendants (Darrow, Joseph) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER

MINUTE ORDER directing defendants to file a comprehensive report to the Court explaining the circumstances surrounding the removal of plaintiffs on the morning of August 9, 2018, notwithstanding the representations from the attorney for the defendants that the government would not remove the plaintiffs prior to 11:59 pm that day. The report shall be supported by declarations of appropriate officials. Defendants shall file the report by no later than 5:00 pm August 13, 2018. Signed by Judge Emmet G. Sullivan on 8/10/2018. (lcegs2)

Aug. 10, 2018

Aug. 10, 2018

PACER
27

Joint STATUS REPORT by LEE FRANCIS CISSNA, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON BEAUREGARD SESSIONS, III. (Press, Joshua) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

RECAP

Set/Reset Deadlines: Defendants Report due on 8/13/2018 by 5:00PM. (mac)

Aug. 13, 2018

Aug. 13, 2018

PACER
28

Unopposed MOTION to Lift Stay of Removal as to Her Only by MONA (Attachments: # 1 Declaration of Katrina Eiland)(Wofsy, Cody) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER

Order on Motion to Lift Stay

Aug. 13, 2018

Aug. 13, 2018

PACER

MINUTE ORDER granting 28 Plaintiff Mona's unopposed motion to lift 21 Order granting temporary stay of removal as to her ONLY. In view of the government's detention policy regarding individuals in expedited removal, the stay of removal is HEREBY VACATED as to Plaintiff Mona ONLY. Plaintiff's counsel is reminded of the obligation, pursuant to Local Civil Rule 7(c), to provide a proposed order with each motion and opposition. Signed by Judge Emmet G. Sullivan on 8/13/2018. (lcegs2)

Aug. 13, 2018

Aug. 13, 2018

PACER

Order

Aug. 13, 2018

Aug. 13, 2018

PACER

MINUTE ORDER. In view of the 27 parties' joint status report on scheduling, defendants shall serve the administrative record and index on the parties by no later than August 17, 2018. The plaintiffs shall complete their review of the administrative record and provide correspondence to the defendants raising any concerns by no later than August 22, 2018. The parties shall attempt to resolve record disputes amongst themselves by no later than August 24, 2018. If the parties resolve the record disputes amongst themselves, the parties are ordered to submit a joint schedule proposal for further proceedings by no later than August 27, 2018. If the parties are unable to resolve any record disputes, the parties shall adhere to the following schedule for resolution of any disputes by the Court: Any motion to complete/compel/supplement shall be filed by no later than August 29, 2018; any response/opposition shall be filed by no later than September 4, 2018; and any reply shall be filed by no later than September 6, 2018. One week after either an order resolving all administrative record disputes or the parties resolution of any administrative record concerns themselves, whichever is later, defendants shall file the certified list of the contents of the administrative record with the Court. The defendants shall provide a complete copy of the administrative record, with certified list, to the Court on flash drive(s) or DVD(s). The Court will schedule further proceedings in this matter following the production of the administrative record and resolution of any disputes regarding the administrative record. Signed by Judge Emmet G. Sullivan on 8/13/2018. (lcegs2)

Aug. 13, 2018

Aug. 13, 2018

PACER

Set/Reset Deadlines

Aug. 13, 2018

Aug. 13, 2018

PACER

Set/Reset Deadlines: Joint Schedule Proposal For Further Proceedings due by 8/27/2018 Motion To Complete/Compel/Supplement due by 8/29/2018. Response/Opposition due by 9/4/2018. Reply due by 9/6/2018. (mac)

Aug. 13, 2018

Aug. 13, 2018

PACER
29

STATUS REPORT Responding to the Court's Minute Order (8/13/18) by LEE FRANCIS CISSNA, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON BEAUREGARD SESSIONS, III. (Attachments: # 1 Declaration Cronen Declaration, # 2 Declaration Bible Declaration, # 3 Exhibit Email to counsel)(Reuveni, Erez) (Entered: 08/13/2018)

1 Declaration Cronen Declaration

View on PACER

2 Declaration Bible Declaration

View on PACER

3 Exhibit Email to counsel

View on PACER

Aug. 13, 2018

Aug. 13, 2018

PACER
30

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Eunice Lee, :Firm- Center for Gender and Refugee Studies, University of California -- Hastings College of the Law, :Address- 200 McAllister Street, San Francisco CA 94102. Phone No. - 415-581-8836. Fax No. - 415-581-8824 Filing fee $ 100, receipt number 0090-5636296. Fee Status: Fee Paid. by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA (Michelman, Scott) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 13, 2018

Aug. 13, 2018

PACER
31

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anne Dutton, :Firm- Center for Gender and Refugee Studies, University of California -- Hastings College of the Law, :Address- 200 McAllister Street, San Francisco CA 94102. Phone No. - 415-581-8825. Fax No. - 415-581-8824 Filing fee $ 100, receipt number 0090-5636315. Fee Status: Fee Paid. by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (Michelman, Scott) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
32

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Karen Musalo, :Firm- Center for Gender and Refugee Studies, University of California -- Hastings College of the Law, :Address- 200 McAllister Street, San Francisco CA 94102. Phone No. - 415-581-8836. Fax No. - 415-581-8824 Filing fee $ 100, receipt number 0090-5636337. Fee Status: Fee Paid. by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (Michelman, Scott) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
33

RESPONSE re 29 Status Report, filed by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA. (Attachments: # 1 Declaration of Carmen)(Wofsy, Cody) (Entered: 08/13/2018)

1

View on RECAP

Aug. 13, 2018

Aug. 13, 2018

PACER

MINUTE ORDER granting 30 motion for leave to appear pro hac vice. Eunice Lee is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on 8/13/2018. (lcegs2)

Aug. 13, 2018

Aug. 13, 2018

PACER

MINUTE ORDER granting 31 motion for leave to appear pro hac vice. Anne Dutton is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on 8/13/2018. (lcegs2)

Aug. 13, 2018

Aug. 13, 2018

PACER

MINUTE ORDER granting 32 motion for leave to appear pro hac vice. Karen Musalo is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on 8/13/2018. (lcegs2)

Aug. 13, 2018

Aug. 13, 2018

PACER
34

NOTICE of Appearance by Katrina Eiland on behalf of All Plaintiffs (Eiland, Katrina) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
35

NOTICE of Appearance by Judy Rabinovitz on behalf of All Plaintiffs (Rabinovitz, Judy) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
36

NOTICE of Appearance by Sandra Shin-Young Park on behalf of All Plaintiffs (Park, Sandra) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
37

NOTICE of Appearance by Christina Greer on behalf of All Defendants (Greer, Christina) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
38

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Omar C. Jadwat, :Firm- American Civil Liberties Union Foundation Immigrants' Rights Project, :Address- 125 Broad St, 18th Floor, New York, NY 10004. Phone No. - 212-549-2660. Fax No. - 212-549-2654 Filing fee $ 100, receipt number 0090-5646458. Fee Status: Fee Paid. by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (Michelman, Scott) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 17, 2018

Aug. 17, 2018

PACER

MINUTE ORDER granting 38 motion for leave to appear pro hac vice. Omar C. Jadwat is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on 8/17/2018. (lcegs2)

Aug. 17, 2018

Aug. 17, 2018

PACER
39

NOTICE of service of the administrative record by LEE FRANCIS CISSNA, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON BEAUREGARD SESSIONS, III (Reuveni, Erez) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

RECAP
40

Joint STATUS REPORT on Scheduling by All Parties by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA. (Newell, Jennifer) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

RECAP

MINUTE ORDER. Upon consideration of 40 the parties' joint status report, the following schedule shall govern the proceedings in this case: Defendants' Motion for Summary Judgment shall be filed no later than September 12, 2018, and shall be no longer than 45 pages in length. Any motions seeking leave to file an amicus curiae brief in support of the Defendants, with the brief attached as an exhibit, shall be filed by no later than September 19, 2018. The Plaintiffs' Opposition and Cross-Motion for Summary Judgment shall be filed by no later than September 26, 2018, and shall be no longer than 65 pages in length. Any motions seeking leave to file an amicus curiae brief in support of Plaintiffs, with the brief attached as an exhibit, shall be filed by no later than October 3, 2018. Defendants' Opposition and Reply shall be filed no later than October 3, 2018, and shall be no longer than 45 pages in length. Plaintiffs' Reply shall be filed by no later than October 10, 2018, and shall be no longer than 25 pages in length. It is FURTHER ORDERED that by no later than October 17, 2018, the parties, including those seeking leave to file an amicus curiae brief, shall submit to the Court two hard copies and one USB drive containing all submissions to the Court governed by this scheduling order, including points and authorities. All paper copy submissions to the Court shall include the headers added by the Case Management/Electronic Case Files (CM/ECF) System shall be single-sided, double-spaced, use 12-point Times New Roman font, and use one-inch page margins. Each set of hard copies shall be in three-ring binders, with appropriate tables of contents and tabs, and the binders shall be clearly labeled to identify the pleading therein. It is FURTHER ORDERED that by no later than October 17, 2018, the parties shall jointly submit one copy of each principal case or authority cited by any party. The points and authorities shall be in three-ring binders, with appropriate tables of contents and tabs, and the binders shall be clearly labeled to identify the contents therein. Signed by Judge Emmet G. Sullivan on 8/29/2018. (lcegs2)

Aug. 29, 2018

Aug. 29, 2018

PACER

Order

Aug. 29, 2018

Aug. 29, 2018

PACER
41

NOTICE of Filing of Administrative Record and Certified List of Contents by LEE FRANCIS CISSNA, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON BEAUREGARD SESSIONS, III (Attachments: # 1 Exhibit A - Certified List of Contents of Administrative Record, # 2 Exhibit B - List of Contents of EOIR Record of Proceedings)(Darrow, Joseph) (Entered: 08/29/2018)

1 Exhibit A - Certified List of Contents of Administrative Record

View on RECAP

2 Exhibit B - List of Contents of EOIR Record of Proceedings

View on RECAP

Aug. 29, 2018

Aug. 29, 2018

RECAP

Order on Motion for Briefing Schedule

Aug. 29, 2018

Aug. 29, 2018

PACER
42

Joint MOTION for Briefing Schedule seeking revision of current briefing schedule by LEE FRANCIS CISSNA, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON BEAUREGARD SESSIONS, III (Attachments: # 1 Text of Proposed Order)(Reuveni, Erez) (Entered: 08/29/2018)

1 Text of Proposed Order

View on PACER

Aug. 29, 2018

Aug. 29, 2018

RECAP

Set/Reset Deadlines/Hearings

Aug. 29, 2018

Aug. 29, 2018

PACER

MINUTE ORDER granting 42 the parties' joint motion to revise the briefing schedule, and vacating the prior scheduling order. The following revised schedule shall govern the proceedings in this case: Defendants' Motion for Summary Judgment shall be filed no later than September 12, 2018, and shall be no longer than 45 pages in length. Any motions seeking leave to file an amicus curiae brief in support of the Defendants, with the brief attached as an exhibit, shall be filed by no later than September 21, 2018. The Plaintiffs' Opposition and Cross-Motion for Summary Judgment shall be filed by no later than September 26, 2018, and shall be no longer than 65 pages in length. Any motions seeking leave to file an amicus curiae brief in support of Plaintiffs, with the brief attached as an exhibit, shall be filed by no later than September 28, 2018. Defendants' Opposition and Reply shall be filed no later than October 3, 2018, and shall be no longer than 45 pages in length. Plaintiffs' Reply shall be filed by no later than October 10, 2018, and shall be no longer than 25 pages in length. It is FURTHER ORDERED that by no later than October 17, 2018, the parties, including those seeking leave to file an amicus curiae brief, shall submit to the Court two hard copies and one USB drive containing all submissions to the Court governed by this scheduling order, including points and authorities. All paper copy submissions to the Court shall include the headers added by the Case Management/Electronic Case Files (CM/ECF) System shall be single-sided, double-spaced, use 12-point Times New Roman font, and use one-inch page margins. Each set of hard copies shall be in three-ring binders, with appropriate tables of contents and tabs, and the binders shall be clearly labeled to identify the pleading therein. It is FURTHER ORDERED that by no later than October 17, 2018, the parties shall jointly submit one copy of each principal case or authority cited by any party. The points and authorities shall be in three-ring binders, with appropriate tables of contents and tabs, and the binders shall be clearly labeled to identify the contents therein. It is FURTHER ORDERED that any prospective amici shall file their briefs either upon motion for leave of the Court or upon consent of all parties. Signed by Judge Emmet G. Sullivan on 8/29/2018. (lcegs2)

Aug. 29, 2018

Aug. 29, 2018

PACER

Set/Reset Deadlines/Hearings: Defendants' Summary Judgment motion due by 9/12/2018. Response to Motion for Summary Judgment due by 9/26/2018. Reply to Motion for Summary Judgment due by 10/3/2018. Motions for leave to file amicus curiae brief in support defendants due by 9/19/2018. Plaintiffs' Cross Summary Judgment motion due by 9/26/2018. Response to Cross Motion due by 10/3/2018. Reply to Cross Motion due by 10/10/2018. Motions for leave to file amicus curiae brief in support of plaintiffs due by 10/3/2018. Parties' two hard copies and one USB drive of their submissions due by 10/17/2018. Parties joint submission of each principal case or authority cited due by 10/17/2018. (zcdw)

Aug. 29, 2018

Aug. 29, 2018

PACER
43

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Eiland, Katrina) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
44

ERRATA Correcting Certificates of Service for by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA 12 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (This document is SEALED and only available to authorized persons.) filed by MARIA, A.B.A., J.A.C.F., CINDY ARDON MEJIA, A.P.A., GINA, MINA, MONA, CARMEN, GIO, GRACE, NORA, 10 MOTION for Preliminary Injunction filed by MARIA, A.B.A., J.A.C.F., CINDY ARDON MEJIA, A.P.A., GINA, MONA, MINA, CARMEN, GRACE, GIO, NORA. (Eiland, Katrina) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
46

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JEFFERSON BEAUREGARD SESSIONS, III served on 8/27/2018 (Attachments: # 1 Exhibit Delivery Confirmation)(Wofsy, Cody) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
47

ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 8/27/2018. Answer due for ALL D.C. DEFENDANTS by 9/17/2018. (Attachments: # 1 Exhibit Delivery Confirmation)(Wofsy, Cody) Modified on 9/7/2018 (jf). (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
48

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LEE FRANCIS CISSNA served on 8/27/2018; JAMES MCHENRY served on 8/27/2018; KIRSTJEN M. NIELSEN served on 8/27/2018 (Attachments: # 1 Exhibit Delivery Confirmation)(Wofsy, Cody) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
51

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/27/2018. Answer due for ALL FEDERAL DEFENDANTS by 10/26/2018. (jf) (Entered: 09/07/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
49

NOTICE of Appearance by Omar C. Jadwat on behalf of All Plaintiffs (Jadwat, Omar) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

PACER
50

RESPONSE re 43 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (This document is SEALED and only available to authorized persons.) Response to Sealed Court Order filed by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA. (Attachments: # 1 Revised Consent Motion, # 2 Text of Proposed Order (Revised))(Eiland, Katrina) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

PACER

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 47 Summons Returned Executed as to DC Attorney General, was entered in error and refiled by counsel under the correct docket event. (jf)

Sept. 7, 2018

Sept. 7, 2018

PACER

Notice of Corrected Docket Entry

Sept. 7, 2018

Sept. 7, 2018

PACER
52

NOTICE of Appearance by Ann Kathleen Scholten Dutton on behalf of All Plaintiffs (Scholten Dutton, Ann) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
53

ORDER granting Plaintiffs' consent motion for an Order under Federal Rule of Civil Procedure 5.2(c) to lift restrictions on docket, and to seal documents containing confidential information. Signed by Judge Emmet G. Sullivan on 9/10/2018. (lcegs2) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

RECAP
54

COMPLAINT REDACTED against LEE FRANCIS CISSNA, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON BEAUREGARD SESSIONS, III (Fee Status:Filing Fee Waived) filed by CINDY ARDON MEJIA, J.A.C.F., MINA, GRACE, CARMEN, GINA, NORA, A.P.A., GIO, MONA, A.B.A., MARIA.(Michelman, Scott) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

RECAP
55

MOTION for Preliminary Injunction REDACTED by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (Attachments: # 1 Memorandum in Support REDACTED, # 2 Text of Proposed Order REDACTED)(Michelman, Scott) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
56

MOTION for Emergency Stay of Removal REDACTED by A.B.A., A.P.A., CARMEN, GINA, GIO, GRACE, J.A.C.F., MARIA, CINDY ARDON MEJIA, MINA, MONA, NORA (Attachments: # 1 Memorandum in Support REDACTED)(Michelman, Scott) Modified on 9/11/2018 to correct docket event/text (jf). (Entered: 09/11/2018)

1 Memorandum in Support REDACTED

View on PACER

Sept. 11, 2018

Sept. 11, 2018

RECAP
57

MOTION for Summary Judgment by LEE FRANCIS CISSNA, JAMES MCHENRY, KIRSTJEN M. NIELSEN, JEFFERSON BEAUREGARD SESSIONS, III (Attachments: # 1 Memorandum in Support memorandum in support of motion for summary judgment, # 2 Text of Proposed Order)(Reuveni, Erez) (Entered: 09/12/2018)

1 Memorandum in Support memorandum in support of motion for summary judgment

View on RECAP

2 Text of Proposed Order

View on PACER

Sept. 12, 2018

Sept. 12, 2018

PACER
58

NOTICE of Appearance by Eunice Lee on behalf of All Plaintiffs (Lee, Eunice) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER
59

NOTICE of Appearance by Karen Musalo on behalf of All Plaintiffs (Musalo, Karen) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 7, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A group of adults and children who sought and were denied asylum in the U.S. at the credible fear stage during expedited removal proceedings.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

US Department of Homeland Security (Washington, DC), Federal

US Citizenship and Immigration Services (Washington, DC), Federal

US Executive Office for Immigration Review (Falls Church), Federal

US Department of Justice (Washington, DC), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Implement complaint/dispute resolution process

Reporting

Preliminary relief granted

Issues

General:

Juveniles

Type of Facility:

Government-run

Immigration/Border:

Asylum - criteria

Asylum - procedure

Constitutional rights

Convention against Torture

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Refugees

National Origin/Ethnicity:

Hispanic