Case: East Bay Sanctuary Covenant v. Trump

3:18-cv-06810 | U.S. District Court for the Northern District of California

Filed Date: Nov. 9, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 9, 2018, several nonprofit organizations filed this lawsuit in the U.S. District Court for the Northern District of California, challenging a Trump Administration asylum policy that prohibited people who enter the U.S. along the southern border somewhere other than a designated port of entry from obtaining asylum. The plaintiffs—East Bay Sanctuary Covenant, Al Otro Lado, Innovation Law Lab, and Central American Resource Center—challenged an interim final rule promulgated on November…

On November 9, 2018, several nonprofit organizations filed this lawsuit in the U.S. District Court for the Northern District of California, challenging a Trump Administration asylum policy that prohibited people who enter the U.S. along the southern border somewhere other than a designated port of entry from obtaining asylum. The plaintiffs—East Bay Sanctuary Covenant, Al Otro Lado, Innovation Law Lab, and Central American Resource Center—challenged an interim final rule promulgated on November 8, 2018, declaring all those subject to a presidential proclamation concerning the southern border ineligible for asylum. The proclamation, “Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States,” blocked the entry of all people entering the U.S. without inspection at the southern border. The plaintiffs claimed violations of the Immigration and Nationality Act (INA) and Administrative Procedure Act (APA) and sought declaratory and injunctive relief. The case was assigned to Magistrate Judge Donna M. Ryu.

The complaint stated that the plaintiff organizations assisted refugees fleeing political persecution, terror, war, intolerance, exploitation, and other violence by providing sanctuary, support, community organizing assistance, advocacy, and legal services. The plaintiffs argued that under existing federal law, "manner of entry cannot constitute a categorical asylum bar." The complaint stated that federal law expressly provides that "[a]ny alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival . . . ), . . . may apply for asylum.” The plaintiffs further argued that in proclaiming its new policy, the Department of Homeland Security did not follow necessary procedural steps, like providing a notice and comment period, nor did it have good cause for failing to do so.

The case was reassigned to Judge Jon S. Tigar on November 13, 2018.

On November 19, 2018, the court granted the plaintiffs' motion for a temporary restraining order and ordered the government to show cause why it should not be permanently enjoined from putting in place its latest asylum policy. 349 F. Supp. 3d 838. Judge Tigar held that the government's new rule and proclamation "irreconcilably conflict[ed] with the INA and the expressed intent of Congress" and that "w]hatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden." The court concluded that the plaintiff organizations and the immigrants they represented would suffer irreparable injury without the TRO because asylum seekers would face a greater risk of violence and other harms at the border, and many would be unable to make meritorious asylum claims. The TRO would remain in effect until December 19, 2018, at which point the government was to show cause why it should not be permanently enjoined from implementing the new rule and proclamation.

Later that month, the defendants appealed the TRO to the Ninth Circuit Court of Appeals and asked the district court for a stay of the TRO pending the Ninth Circuit’s decision. The district court denied the government's request for a stay pending appeal on November 30, 2018. 354 F. Supp. 3d 1085. The defendants also filed an emergency motion in the Ninth Circuit for a stay of the TRO pending appeal.

The following month, on December 7, the Ninth Circuit denied the government's emergency stay request, agreeing with the district court that the new asylum rule was likely inconsistent with existing federal law. 932 F.3d 742. The defendants also sought a stay from the U.S. Supreme Court, but that request was denied on December 21, 2018. 139 S. Ct. 782.

Meanwhile, on December 4, 2018, the plaintiffs filed a motion for a preliminary injunction in the district court.

About two weeks later, on December 19, the district court granted the plaintiffs' preliminary injunction, ordering the defendants to return to pre-rule practices for processing asylum applications and preventing them from taking any action continuing to implement the rule pending further decisions. 354 F. Supp. 3d 1094. Judge Tigar found that the plaintiff organizations had organizational standing and were likely to succeed on the merits of their INA claim, and that a nationwide injunction was warranted. The defendants again appealed to the Ninth Circuit. The appeal of the preliminary injunction was consolidated with the defendants' appeal of the TRO.

On February 11, 2019, the defendants filed a motion to stay the district court proceedings pending the Ninth Circuit appeal, and on March 5, 2019, that motion was granted.

Later that year, on August 2, the rule challenged in this case was also vacated by the U.S. District Court for the District of Columbia in O.A. v. Trump

On February 28, 2020, the Ninth Circuit upheld the district court's nationwide injunction in this case. 950 F.3d 1242. The Ninth Circuit found that the rule violated the INA, which supports eligibility for asylum seekers regardless of where they enter the U.S. Thus, the Court also found that the rule was an arbitrary and capricious interpretation of the relevant INA provisions, and ran afoul of the U.S.'s non-refoulement obligations under the International Refugee Convention.

The defendants petitioned the Ninth Circuit for a rehearing en banc later that year. On February 2, 2021, the Biden Administration revoked the “Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States.” The following month, on March 24, the Ninth Circuit concluded that the revocation did not make the case moot, but denied the petition for rehearing en banc. 993 F.3d 640.

On June 22, 2022, the defendants filed an unopposed motion in the district court to continue the stay of proceedings because the Biden Administration was reconsidering the challenged rule. The court granted the motion two days later. In February of the following year, the Biden Administration proposed a new rule rescinding the challenged rule. The new rule would create a presumption (with some exceptions) against granting people asylum if they passed through another country on the way from their home country to the United States’ southern border. The rule became final on May 16, 2023.

On May 11, 2023, the plaintiffs filed a motion for leave to file an amended and supplemental complaint and to lift the stay of proceedings. The following day, the court granted the parties’ stipulated proposed order, which allowed the plaintiffs leave to file an amended and supplemental complaint.

The plaintiffs filed this new complaint on May 18, 2023. They alleged that the Biden administration’s new rule would “resuscitate and combine the illegal features of the two previous asylum bans that this Court and the Ninth Circuit found to be unlawful.” The plaintiffs alleged that the new rule, apart from its limited exceptions, would cause anyone from a country other than Mexico to be automatically denied asylum unless they scheduled one of the few available appointments on the CBP One app, were denied asylum in a country they had traveled through before reaching the U.S., or got permission to come to the U.S. through a parole program. The plaintiffs argued that this rule violated the APA because it contradicted the INA, was arbitrary and capricious, and lacked a sufficient comment period. The plaintiffs sought a declaratory judgment and an order vacating and enjoining the rule. 

Subsequently, the plaintiffs filed a motion for summary judgment on June 5, 2023. The defendants filed their own motion for summary judgment later that month.

On July 25, 2023, the court granted the plaintiffs' motion for summary judgment and denied the defendants’ motion for summary judgment. 2023 WL 4729278. Judge Tigar held that the plaintiffs had organizational standing and that the INA’s limitations on judicial review and injunctive relief were inapplicable. As to the merits, Judge Tigar held that the rule violated the APA in three ways. First, the rule contradicted the INA because the presumption against granting asylum and its specific exceptions did not align with congressional intent. Second, the rule was arbitrary and capricious because Congress did not intend for asylum eligibility to depend on whether a person could have applied for asylum in another country, and because many of the exceptions to the presumption were not available to many people. Third, the rule violated the APA’s procedural rules because the administration did not give people enough time to comment on it, did not inform the public about related policy changes they were enacting, and did not publicly release the data they based the rule on. Therefore, Judge Tigar vacated the rule and remanded it to the agencies. 

However, the defendants immediately appealed the ruling to the Ninth Circuit and moved to stay the ruling pending appeal. The district court denied the emergency motion for stay pending appeal on August 1, 2023. 

Two days later, on August 3, the Ninth Circuit granted the defendants’ motion to stay the summary judgment ruling pending appeal. Oral argument is currently scheduled for November 7, 2023. 

Summary Authors

Virginia Weeks (11/24/2018)

Anna Brito (3/20/2019)

Sam Kulhanek (3/7/2020)

Venesa Haska (10/12/2023)

Related Cases

East Bay Sanctuary Covenant v. Barr, Northern District of California (2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8160426/parties/east-bay-sanctuary-covenant-v-trump/


Judge(s)
Attorney for Plaintiff

Amdur, Spencer (New York)

Attorney, Katrina Leigh

Attorney, Richard Caldarone,

Attorney, Keren Hart

Attorney for Defendant

Attorney, Francesca Genova,

Expert/Monitor/Master/Other
Judge(s)

Fernandez, Ferdinand Francis (California)

Fletcher, William A. (California)

Paez, Richard A. (California)

Tigar, Jon Steven (California)

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Documents in the Clearinghouse

Document

3:18-cv-06810

Docket [PACER]

Feb. 28, 2020

Feb. 28, 2020

Docket
1

3:18-cv-06810

Complaint

Nov. 9, 2018

Nov. 9, 2018

Complaint
43

3:18-cv-06810

Order Granting Temporary Restraining Order; Order to Show Cause Re Preliminary Injunction

Nov. 19, 2018

Nov. 19, 2018

Order/Opinion
61

3:18-cv-06810

Order Denying Motion for Stay Pending Appeal

Nov. 30, 2018

Nov. 30, 2018

Order/Opinion

18-17274

Order

U. S. Court of Appeals for the Ninth Circuit

Dec. 7, 2018

Dec. 7, 2018

Order/Opinion
99

3:18-cv-06810

Order Granting Preliminary Injunction

Dec. 19, 2018

Dec. 19, 2018

Order/Opinion
81

3:18-cv-06810

18-17274

18-17436

Opinion

U. S. Court of Appeals for the Ninth Circuit

Feb. 28, 2020

Feb. 28, 2020

Order/Opinion
132

3:18-cv-06810

Order and Amended Opinion

East Bay Sanctuary Covenant v. Biden

U. S. Court of Appeals for the Ninth Circuit

March 24, 2021

March 24, 2021

Order/Opinion
164

3:18-cv-06810

Amended and Supplemental Complaint for Declaratory and Injunctive Relief

East Bay Sanctuary Covenant v. Biden

May 18, 2023

May 18, 2023

Complaint
187

3:18-cv-06810

Order Granting Plaintiffs' Motion for Summary Judgment and Denying Defendants' Motion for Summary Judgment

East Bay Sanctuary Covenant v. Biden

July 25, 2023

July 25, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8160426/east-bay-sanctuary-covenant-v-trump/

Last updated Feb. 23, 2024, 4:48 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief (Immigration Action) against All Defendants, (Filing Fee: $400.00, receipt number 0971-12836235). Filed by Al Otro Lado, East Bay Sanctuary Covenant, Innovation Law Lab, Central American Resource Center. (Attachments: #(1) Civil Cover Sheet)(Newell, Jennifer) (Filed on 11/9/2018) (Entered: 11/09/2018)

1 Civil Cover Sheet

View on RECAP

Nov. 9, 2018

Nov. 9, 2018

Clearinghouse
2

Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/23/2018. (as, COURT STAFF) (Filed on 11/9/2018) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
3

Proposed Summons. (Newell, Jennifer) (Filed on 11/9/2018) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

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4

NOTICE of Appearance by Cody H. Wofsy (Wofsy, Cody) (Filed on 11/9/2018) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
5

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 26DE7N7T.) Filing fee previously paid on 11/9/2018 filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Gelernt, Lee) (Filed on 11/9/2018) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
6

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12838766.) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Rabinovitz, Judy) (Filed on 11/9/2018) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
7

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12838819.) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Jadwat, Omar) (Filed on 11/9/2018) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
8

MOTION for Temporary Restraining Order filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Attachments: # 1 Memorandum In Support of a Temporary Restraining Order, # 2 Declaration Adam Isacson, # 3 Declaration of Daniel Sharp, # 4 Declaration of Erika Pinheiro, # 5 Declaration of Guy Goodwin-Gill, # 6 Declaration of Stephen Manning, # 7 Declaration of Michael Smith, # 8 Proposed Order, # 9 Common)(Newell, Jennifer) (Filed on 11/9/2018) (Entered: 11/09/2018)

1 Memorandum In Support of a Temporary Restraining Order

View on RECAP

2 Declaration Adam Isacson

View on RECAP

3 Declaration of Daniel Sharp

View on RECAP

4 Declaration of Erika Pinheiro

View on RECAP

5 Declaration of Guy Goodwin-Gill

View on RECAP

6 Declaration of Stephen Manning

View on RECAP

7 Declaration of Michael Smith

View on RECAP

8 Proposed Order

View on PACER

9 Common

View on RECAP

Nov. 9, 2018

Nov. 9, 2018

RECAP
13

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (napS, COURT STAFF) (Filed on 11/9/2018) (Entered: 11/13/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
9

ORDER REASSIGNING CASE. Case reassigned to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 11/13/2018. (Attachments: # 1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 11/13/2018) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
10

Certificate of Interested Entities by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab (Newell, Jennifer) (Filed on 11/13/2018) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
11

SCHEDULING ORDER re 8 MOTION for Temporary Restraining Order filed by East Bay Sanctuary Covenant, Innovation Law Lab, Central American Resource Center, Al Otro Lado. Responses due by 11/15/2018. Replies due by 11/16/2018. Motion Hearing set for 11/19/2018 at 9:30 AM in San Francisco, Courtroom 9, 19th Floor before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on November 13, 2018. (wsn, COURT STAFF) (Filed on 11/13/2018) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

RECAP
12

NOTICE of Appearance by Erez R. Reuveni (Reuveni, Erez) (Filed on 11/13/2018) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
14

NOTICE of Appearance by Vasudha Talla (Talla, Vasudha) (Filed on 11/14/2018) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
15

NOTICE of Appearance by Christine Patricia Sun (Sun, Christine) (Filed on 11/14/2018) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
16

Clerk's Notice of Video Recording Request. Video Camera hearing set for 11/19/2018 at 9:30 AM. Objections to Video Recording due 11/16/2018 by 12:00 PM. (wsn, COURT STAFF) (Filed on 11/14/2018) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
17

CERTIFICATE OF SERVICE by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab (Wofsy, Cody) (Filed on 11/14/2018) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
18

Summons Issued as to All Defendants. (msrS, COURT STAFF) (Filed on 11/14/2018) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
19

Consent MOTION to File Amicus Curiae Brief on Shortened Time filed by State of Washington. Motion Hearing set for 11/14/2018 06:00 PM before Judge Jon S. Tigar. Responses due by 11/14/2018. Replies due by 11/14/2018. (Attachments: # 1 Exhibit Brief of Amicus Curiae)(Lin, Megan) (Filed on 11/14/2018) (Entered: 11/14/2018)

1

View on RECAP

Nov. 14, 2018

Nov. 14, 2018

PACER
20

ORDER GRANTING MOTION TO FILE AMICUS CURIAE BRIEFBefore the Court is an Administrative Motion for Leave to File an Amicus Brief in support of Plaintiffs' request for a temporary restraining order, filed by the States of Washington, Massachusetts, New York, and California (the "States"). ECF No. 19. The motion includes the proposed amicus brief as an exhibit. See ECF No. 19-1. The States represent that Defendants do not oppose the motion, provided that the proposed amicus brief is fewer than ten pages and this motion was filed by 6:00 p.m. on November 14, 2018. ECF No. 19 at 2. The States have complied with these requirements. See ECF No. 19-1."There are no strict prerequisites that must be established prior to qualifying for amicus status; an individual seeking to appear as amicus must merely make a showing that his participation is useful to or otherwise desirable to the court." In re Roxford Foods Litig., 790 F. Supp. 987, 997 (E.D. Cal. 1991) (citation omitted). Having reviewed the proposed amicus brief, the Court grants the States' motion for leave to file.The States shall file their proposed amicus brief, see ECF No. 19-1, as soon as practicable, and in any event, no later than November 15, 2018 by 12:00 p.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
21

ORDER UNSEALING DOCKET. Signed by Judge Jon S. Tigar on November 14, 2018. (wsn, COURT STAFF) (Filed on 11/15/2018) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

RECAP
22

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY LEE GELERNT PRO HAC VICE by Judge Jon S. Tigar granting 5 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 11/15/2018) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
23

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY OMAR JADWAT PRO HAC VICE by Judge Jon S. Tigar granting 7 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 11/15/2018) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
24

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY JUDY RABINOVITZ PRO HAC VICE by Judge Jon S. Tigar granting 6 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 11/15/2018) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
25

First MOTION for leave to appear in Pro Hac Vice Baher Azmy ( Filing fee $ 310, receipt number 0971-12848902.) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Attachments: # 1 Certificate/Proof of Service Certificate Good Standing)(Azmy, Baher) (Filed on 11/15/2018) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
26

ORDER GRANTING APPLICATION FOR ADMISSION OF BAHER AZMY PRO HAC VICE by Judge Jon S. Tigar granting 25 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 11/15/2018) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

RECAP
27

OPPOSITION/RESPONSE (re 8 MOTION for Temporary Restraining Order ) filed byLee Francis Cissna, Executive Office for Immigration Review (EOIR), Kevin K. McAleenan, James McHenry, Kirstjen M. Nielsen, Donald J. Trump, U.S Customs and Border Protection, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Attachments: # 1 Proposed Order)(Reuveni, Erez) (Filed on 11/15/2018) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

RECAP
28

First MOTION for leave to appear in Pro Hac Vice Angelo Guisado ( Filing fee $ 310, receipt number 0971-12854228.) filed by Al Otro Lado. (Attachments: # 1 Exhibit Certificate of Good Standing)(Guisado, Angelo) (Filed on 11/16/2018) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
29

NOTICE of Appearance by Scott G. Stewart (Stewart, Scott) (Filed on 11/16/2018) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
30

NOTICE of Appearance by Julie Michelle Veroff (Veroff, Julie) (Filed on 11/16/2018) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

RECAP
31

NOTICE of Appearance by Celso Javier Perez (Perez, Celso) (Filed on 11/16/2018) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

RECAP
32

NOTICE REGARDING VIDEO RECORDING re: 16 Clerk's Notice of Video Recording Request. All parties have consented to the video recording of the proceeding. (wsn, COURT STAFF) (Filed on 11/16/2018) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

RECAP
33

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY ANGELO GUISADO PRO HAC VICE by Judge Jon S. Tigar granting 28 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 11/16/2018) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

RECAP
34

MOTION for Leave to File Amicus Brief on Jurisdictional Issues in Support of Defendants filed by Immigration Reform Law Institute. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit Proposed Amicus Brief, # 3 Certificate/Proof of Service COS)(Joseph, Lawrence) (Filed on 11/16/2018) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

RECAP
35

REPLY (re 8 MOTION for Temporary Restraining Order ) filed byAl Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Attachments: # 1 Declaration of Chavla, # 2 Declaration of Cutlip-Mason, # 3 Declaration of Griffey, # 4 Declaration of Isacson, # 5 Declaration of Love, # 6 Declaration of Manning, # 7 Declaration of Penman, # 8 Declaration of Pinheiro, # 9 Declaration of Rodriguez, # 10 Declaration Seyler)(Gelernt, Lee) (Filed on 11/16/2018) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

RECAP
36

ORDER GRANTING MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEFAmicus Curiae Immigration Reform Law Institutes (IRLI) has filed a motion for leave to file an amicus brief. ECF No. 34. The brief seeks to support Defendants' arguments that Plaintiffs lack standing to bring their lawsuit. ECF No. 34-2 at 5. The motion was filed less than 90 minutes before Plaintiffs' reply brief was due, and in fact Plaintiffs' reply brief has now been filed. Nonetheless, given the importance of the case and to ensure full consideration of all the relevant issues, the Court GRANTS the motion. IRLI's brief is not deemed filed. IRLI must file its brief by Saturday, November 16, 2018, at 5:00 p.m.IRLI's brief appears to repeat arguments already made by the Government, as IRLI acknowledges. ECF No. 34 at 4. Plaintiffs might therefore conclude that no response is necessary. Should they wish to file one, however, they may do so by Sunday, November 18, 2018, at 4:00 p.m. Any such response must not exceed four pages, the length of IRLI's brief. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
37

Brief re 36 Order on Motion for Leave to File,,,, Amicus Brief filed as previously lodged as ECF 34-2 filed byImmigration Reform Law Institute. (Related document(s) 36 ) (Joseph, Lawrence) (Filed on 11/16/2018) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

RECAP
38

NOTICE of Appearance by Francesca M Genova (Genova, Francesca) (Filed on 11/18/2018) (Entered: 11/18/2018)

Nov. 18, 2018

Nov. 18, 2018

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39

Minute Entry for proceedings held before Judge Jon S. Tigar: Motion Hearing held on 11/19/2018 re 8 MOTION for Temporary Restraining Order filed by East Bay Sanctuary Covenant, Innovation Law Lab, Central American Resource Center, Al Otro Lado. Total Time in Court: 1 hour, 19 minutes. Court Reporter: Belle Ball. (wsn, COURT STAFF) (Date Filed: 11/19/2018) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

RECAP
40

First MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12859792.) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Attachments: # 1 Exhibit Certificate of Good Standing)(Schwarz, Ghita) (Filed on 11/19/2018) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
41

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY GHITA SCHWARZ PRO HAC VICE by Judge Jon S. Tigar granting 40 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 11/19/2018) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
42

Joint MOTION to File Amicus Curiae Brief to Deem Amicus Brief Filed filed by State of Washington. Motion Hearing set for 11/19/2018 04:00 PM before Judge Jon S. Tigar. Responses due by 11/19/2018. Replies due by 11/19/2018. (Lin, Megan) (Filed on 11/19/2018) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
43

ORDER GRANTING TEMPORARY RESTRAINING ORDER; ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION by Judge Jon S. Tigar granting 8 Motion for TRO. Stipulation or proposals due by 11/26/2018. Order to Show Cause Hearing set for 12/19/2018 at 9:30 AM in Courtroom 9, 19th Floor, San Francisco, before Judge Jon S. Tigar. (wsn, COURT STAFF) (Filed on 11/19/2018) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

Clearinghouse
44

TRANSCRIPT ORDER for proceedings held on 11/19/2018 before Judge Jon S. Tigar by Lee Francis Cissna, Executive Office for Immigration Review (EOIR), Immigration Reform Law Institute, Kevin K. McAleenan, James McHenry, Kirstjen M. Nielsen, Donald J. Trump, U.S Customs and Border Protection, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker, for Court Reporter Belle Ball. (Genova, Francesca) (Filed on 11/20/2018) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
45

Transcript of Proceedings held on November 19, 2018, before Judge Jon S. Tigar. Court Reporter Belle Ball, CSR, CRR, RDR, telephone number (415)373-2529, belle_ball@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 44 Transcript Order,, ) Release of Transcript Restriction set for 2/19/2019. (Related documents(s) 44 ) (ballbb15S, COURT STAFF) (Filed on 11/20/2018) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
46

TRANSCRIPT ORDER for proceedings held on 11/19/2018 before Judge Jon S. Tigar by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab, for Court Reporter Belle Ball. (Wofsy, Cody) (Filed on 11/20/2018) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
47

MOTION for Leave to Appear in Pro Hac Vice Mary Bauer, (Filing Fee: $310.00, receipt number 0971-12867291) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Newell, Jennifer) (Filed on 11/21/2018) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
48

STIPULATION WITH [PROPOSED] ORDER filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Attachments: #(1) [Proposed] Order)(Gelernt, Lee) (Filed on 11/26/2018) (Entered: 11/26/2018)

1 Proposed Order

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Nov. 26, 2018

Nov. 26, 2018

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49

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY MARY BAUER PRO HAC VICE by Judge Jon S. Tigar; granting 47 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 11/27/2018) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

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50

SCHEDULING ORDER. Plaintiffs' motion for preliminary injunction due 12/3/2018. Amicus briefs in support of Plaintiffs or neither party due 12/5/2018. Defendants' opposition due 12/12/2018 by 12:00 PM. Amicus briefs in support of Defendants due 12/12/2018 by 12:00 PM. Plaintiffs' reply due 12/14/2018. Motion Hearing set for 12/19/2018 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on November 27, 2018. (wsnS, COURT STAFF) (Filed on 11/27/2018) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

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51

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Lee Francis Cissna, Executive Office for Immigration Review (EOIR), Kevin K. McAleenan, James McHenry, Kirstjen M. Nielsen, Donald J. Trump, U.S Customs and Border Protection, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. Appeal of Order on Motion for TRO, 43 - (Appeal Fee: FEE WAIVED). (Reuveni, Erez) (Filed on 11/27/2018) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

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52

Emergency MOTION to Stay re 43 Order on Motion for TRO, filed by Lee Francis Cissna, Executive Office for Immigration Review (EOIR), Kevin K. McAleenan, James McHenry, Kirstjen M. Nielsen, Donald J. Trump, U.S Customs and Border Protection, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. Motion Hearing set for 1/3/2019 10:00 AM before Judge Jon S. Tigar. Responses due by 12/11/2018. Replies due by 12/18/2018. (Attachments: # 1 Proposed Order)(Reuveni, Erez) (Filed on 11/27/2018) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

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53

Emergency MOTION to Shorten Time For Decision on Motion to Stay Pending Appeal filed by Lee Francis Cissna, Executive Office for Immigration Review (EOIR), Kevin K. McAleenan, James McHenry, Kirstjen M. Nielsen, Donald J. Trump, U.S Customs and Border Protection, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Attachments: # 1 Proposed Order)(Reuveni, Erez) (Filed on 11/27/2018) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

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54

ORDER by Judge Jon S. Tigar granting in part 53 Emergency MOTION to Shorten Time. Plaintiffs' opposition to 52 Emergency MOTION to Stay re 43 Order on Motion for TRO due by 11/29/2018 at 5:00 p.m. The Court will rule on the motion to stay by the end of 11/30/2018. (jstlc3, COURT STAFF) (Filed on 11/27/2018) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

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Set/Reset Deadlines as to 52 Emergency MOTION to Stay re 43 Order on Motion for TRO. Responses due 11/29/2018 by 5:00 PM. (wsn, COURT STAFF) (Filed on 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
55

STIPULATION WITH [PROPOSED] ORDER re 50 Order filed by Lee Francis Cissna, Executive Office for Immigration Review (EOIR), Kevin K. McAleenan, James McHenry, Kirstjen M. Nielsen, Donald J. Trump, U.S Customs and Border Protection, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Reuveni, Erez) (Filed on 11/28/2018) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

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56

ORDER RE: STIPULATED EXTENSION FOR PRODUCTION OF ADMINISTRATIVE RECORD re 55 STIPULATION WITH PROPOSED ORDER. Signed by Judge Jon S. Tigar on November 28, 2018. (wsn, COURT STAFF) (Filed on 11/28/2018) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

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57

NOTICE of Appearance by Thomas Benton York (York, Thomas) (Filed on 11/29/2018) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER

Set Motion and Deadlines/Hearings

Nov. 29, 2018

Nov. 29, 2018

PACER

Set/Reset Deadlines. Motion Hearing set for 12/19/2018 at 9:30 AM in San Francisco, Courtroom 9, 19th Floor before Judge Jon S. Tigar. Correcting docketing error. Time of hearing set by the Order at docket number 50 . (wsn, COURT STAFF) (Filed on 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
58

NOTICE of Appearance by Christina P Greer (Greer, Christina) (Filed on 11/29/2018) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
59

OPPOSITION/RESPONSE to (re 52 Emergency MOTION to Stay re 43 Order on Motion for TRO) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Gelernt, Lee) (Filed on 11/29/2018) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

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60

NOTICE filed by Lee Francis Cissna, Executive Office for Immigration Review (EOIR), Kevin K. McAleenan, James McHenry, Kirstjen M. Nielsen, Donald J. Trump, U.S Customs and Border Protection, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker of Filing of the Administrative Record (Greer, Christina) (Filed on 11/29/2018) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

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61

ORDER DENYING MOTION FOR STAY PENDING APPEAL by Judge Jon S. Tigar; denying 52 Motion to Stay. (wsn, COURT STAFF) (Filed on 11/30/2018) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

Clearinghouse
62

NOTICE of Appearance by Brian Hauck on behalf of United Nations High Commissioner for Refugees (Hauck, Brian) (Filed on 12/3/2018) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
63

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-12893705) filed by United Nations High Commissioner for Refugees. (Attachments: #(1) Certificate of Good Standing)(Pearsall, Patrick) (Filed on 12/3/2018) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
64

ORDER by Judge Jon S. Tigar granting 63 Motion for Pro Hac Vice. (wsnS, COURT STAFF) (Filed on 12/3/2018) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

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65

NOTICE of Appearance by Spencer Elijah Wittmann Amdur (Amdur, Spencer) (Filed on 12/3/2018) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
66

MOTION for Leave to Appear in Pro Hac Vice for Melissa Crow, (Filing Fee: $310.00, receipt number 0971-12896080) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Newell, Jennifer) (Filed on 12/4/2018) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
67

ORDER by Judge Jon S. Tigar granting 66 Motion for Pro Hac Vice. (wsnS, COURT STAFF) (Filed on 12/4/2018) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
68

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-12898756) filed by Immigration Law Professors. (Attachments: #(1) Certificate in Good Standing)(Margulies, Peter) (Filed on 12/4/2018) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
69

USCA Case Number 18-17274 for 51 Notice of Appeal filed by Ronald D. Vitiello, U.S. Department of Homeland Security, Executive Office for Immigration Review (EOIR), U.S. Department of Justice, U.S. Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, James McHenry, Matthew G. Whitaker, U.S Customs and Border Protection, Kevin K. McAleenan, Kirstjen M. Nielsen, Lee Francis Cissna & Donald J. Trump. (tnS, COURT STAFF) (Filed on 12/4/2018) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

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70

ORDER by Judge Jon S. Tigar granting 68 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 12/4/2018) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

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71

MOTION for Preliminary Injunction filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. Motion Hearing set for 12/19/2018 09:30 AM in San Francisco, Courtroom 09, 19th Floor before Judge Jon S. Tigar. Responses due by 12/12/2018. Replies due by 12/14/2018. (Attachments: # 1 Proposed Order, # 2 Declaration Corrected Pinheiro Supp., # 3 Declaration Alvarez, # 4 Declaration Joint Former Officials, # 5 Declaration Slack, # 6 Declaration Mitchell-Bennett, # 7 Declaration Brane, # 8 Declaration Ramos, # 9 Declaration Penman Supp., # 10 Declaration Smith Supp., # 11 Declaration Manning Second Supp.)(Gelernt, Lee) (Filed on 12/4/2018) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

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72

First MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-12900213) filed by Immigration Law Professors. (Attachments: #(1) Exhibit Certificate in Good Standing)(Wadhia, Shoba) (Filed on 12/5/2018) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
73

ORDER by Judge Jon S. Tigar granting 72 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 12/5/2018) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

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74

NOTICE of Appearance by Julie Wilensky for proposed Amicus NCLR et al. (Wilensky, Julie) (Filed on 12/5/2018) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
75

MOTION for Leave to File Brief of Amici Curiae NCLR et al. filed by National Center for Lesbian Rights. (Attachments: # 1 Proposed Brief of Amici Curiae, # 2 Proposed Order)(Wilensky, Julie) (Filed on 12/5/2018) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
76

NOTICE of Appearance by David Charles Marcus as Counsel for Amici Curiae Professors of Immigration Law (Marcus, David) (Filed on 12/5/2018) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
77

MOTION for Leave to File Amicus Brief filed by Immigration Law Professors. (Attachments: # 1 Proposed Order)(Marcus, David) (Filed on 12/5/2018) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
78

AGREED MOTION OF TWENTY-THREE ORGANIZATIONS REPRESENTING ASYLUM SEEKERS FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF filed by Asian Law Alliance, Bet Tzedek, CASA, Central American Refugee Center, City Bar Justice Center, Dolores Street Community Services, Empire Justice Center, Her Justice, HIAS and Council Migration Services, Inc. of Philadelphia, Immigrant Justice Corps, Immigrant Legal Resource Center, International Refugee Assistance Project, LatinoJustice PRLDEF, Legal Aid Society of New York, Loyola Immigrant Justice Clinic, Make the Road New York, New York Immigration Coalition, Public Law Center, Safe Passage Project, The Legal Project, Torture Abolition Survivors Support Coalition, University of California, Irvine School of Law Immigrant Rights, UnLocal, Inc.. Motion Hearing set for 12/19/2018 09:30 AM in San Francisco, Courtroom 09, 19th Floor before Judge Jon S. Tigar. Responses due by 12/19/2018. Replies due by 12/19/2018. (Attachments: # 1 Proposed Order, # 2 Exhibit A - Amicus Brief)(Frahn, Harrison) (Filed on 12/5/2018) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

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79

Brief in Support of re 77 MOTION for Leave to File Amicus Brief filed by Immigration Law Professors. (Related document(s) 77 ) (Marcus, David) (Filed on 12/5/2018) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

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80

Amicus Curiae APPEARANCE entered by Jocelyn Dion Larkin on behalf of Public Citizen Litigation Group. (Attachments: # 1 Amicus Curiae Brief, # 2 Certification of Interested Entities, # 3 Corporate Disclosure)(Larkin, Jocelyn) (Filed on 12/5/2018) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

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81

MOTION for Leave to File Amicus Curiae Brief filed by Office of United Nations High Commissioner for Refugees. (Attachments: #(1) Amicus Curiae Brief)(Pearsall, Patrick) (Filed on 12/5/2018) (Entered: 12/05/2018)

1 Amicus Curiae Brief

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Dec. 5, 2018

Dec. 5, 2018

Clearinghouse
82

MOTION for Leave to File Amicus Curiae Brief of the States of California, Washington, Massachusetts, New York, Connecticut, Hawaii, Illinois, Maryland, Minnesota, New Jersey, Oregon, Vermont, and the District of Columbia filed by State of California. (Attachments: # 1 Exhibit 1: States' Proposed Amicus Brief, # 2 Proposed Order)(Zahradka, James) (Filed on 12/5/2018) (Entered: 12/05/2018)

1

View on RECAP

Dec. 5, 2018

Dec. 5, 2018

PACER
83

ORDER GRANTING IN PART LEAVE TO FILE AMICUS BRIEFS by Judge Jon S. Tigar; granting 75 Motion for Leave to File; granting 77 Motion for Leave to File; granting 78 Motion to File Amicus Curiae Brief; granting 80 Motion to File Amicus Curiae Brief. The Court further orders Defendants to file any objections to the 81 MOTION for Leave to File Amicus Curiae Brief filed by United Nations High Commissioner for Refugees or 82 MOTION for Leave to File Amicus Curiae Brief of the States of California, Washington, Massachusetts, New York, Connecticut, Hawaii, Illinois, Maryland, Minnesota, New Jersey, Oregon, Vermont, and the District of Columbia proposed briefs by 5:00 pm on December 7, 2018. (wsn, COURT STAFF) (Filed on 12/6/2018) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

RECAP

Set Motion and Deadlines/Hearings

Dec. 6, 2018

Dec. 6, 2018

PACER

Set/Reset Deadlines as to 81 MOTION for Leave to File Amicus Curiae Brief, 82 MOTION for Leave to File Amicus Curiae Brief of the States of California, Washington, Massachusetts, New York, Connecticut, Hawaii, Illinois, Maryland, Minnesota, New Jersey, Oregon, Vermont, and the District of Columbia. Responses due 12/7/2018 by 5:00 PM. (wsn, COURT STAFF) (Filed on 12/6/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
84

NOTICE OF ERRATA regarding ECF No. 71-8 (Notice of Corrected Declaration) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Attachments: #(1) Declaration of Nicole Ramos)(Gelernt, Lee) (Filed on 12/6/2018) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

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85

Statement of Non-Opposition to re 81 MOTION for Leave to File Amicus Curiae Brief, re 82 MOTION for Leave to File Amicus Curiae Brief of the States of California, Washington, Massachusetts, New York, Connecticut, Hawaii, Illinois, Maryland, Minnesota, New Jersey, Oregon, Vermont, and the District of Columbia - RESPONSE to Court's Order on Amicus Filings filed by Lee Francis Cissna, Executive Office for Immigration Review (EOIR), Kevin K. McAleenan, Kirstjen M. Nielsen, Donald J. Trump, U.S Customs and Border Protection, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Related document(s) 81, 82 ) (Reuveni, Erez) (Filed on 12/7/2018) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
86

ORDER GRANTING LEAVE TO FILE AMICUS BRIEFS by Judge Jon S. Tigar; granting 81 Motion for Leave to File; granting 82 Motion for Leave to File. (wsnS, COURT STAFF) (Filed on 12/7/2018) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

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87

OPPOSITION/RESPONSE to (re 71 MOTION for Preliminary Injunction ) filed by Lee Francis Cissna, Executive Office for Immigration Review (EOIR), Kevin K. McAleenan, James McHenry, Kirstjen M. Nielsen, Donald J. Trump, U.S Customs and Border Protection, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Attachments: #(1) [Proposed] Order)(Reuveni, Erez) (Filed on 12/12/2018) (Entered: 12/12/2018)

1 Proposed Order

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Dec. 12, 2018

Dec. 12, 2018

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88

MOTION to Strike 71 MOTION for Preliminary Injunction, re 35 Reply to Opposition/Response, re 8 MOTION for Temporary Restraining Order filed by Lee Francis Cissna, Executive Office for Immigration Review (EOIR), Kevin K. McAleenan, James McHenry, Kirstjen M. Nielsen, Donald J. Trump, U.S Customs and Border Protection, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. Responses due by 12/26/2018. Replies due by 1/2/2019. (Attachments: #(1) [Proposed] Order)(Greer, Christina) (Filed on 12/12/2018) (Entered: 12/12/2018)

1 Proposed Order

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Dec. 12, 2018

Dec. 12, 2018

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89

Consent MOTION for Extension of Time to File Response/Reply to Motion to Strike Extra-Record Evidence filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Attachments: # 1 Proposed Order)(Gelernt, Lee) (Filed on 12/13/2018) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
90

ORDER by Judge Jon S. Tigar granting in part and denying in part 89 Motion for Extension of Time to File Response/Reply re 88 MOTION to Strike. Responses due by 5:00 p.m. on 12/15/2018. Replies due by 5:00 p.m. on 12/16/2018. (jstlc1S, COURT STAFF) (Filed on 12/13/2018) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

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91

ORDER of USCA as to 51 Notice of Appeal filed by Ronald D. Vitiello, U.S. Department of Homeland Security, Executive Office for Immigration Review (EOIR), U.S. Department of Justice, U.S. Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, James McHenry, Matthew G. Whitaker, U.S Customs and Border Protection, Kevin K. McAleenan, Kirstjen M. Nielsen, Lee Francis Cissna, Donald J. Trump. (tnS, COURT STAFF) (Filed on 12/13/2018) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

RECAP

Set/Reset Deadlines as to 88 MOTION to Strike. Responses due 12/15/2018 by 5:00 PM. Replies due 12/16/2018 by 5:00 PM. (wsn, COURT STAFF) (Filed on 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
92

REPLY (re 71 MOTION for Preliminary Injunction ) filed byAl Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Gelernt, Lee) (Filed on 12/14/2018) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

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93

OPPOSITION/RESPONSE to (re 88 MOTION to Strike 71 MOTION for Preliminary Injunction, re 35 Reply to opposition/Response, re 8 MOTION for Temporary Restraining Order) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Gelernt, Lee) (Filed on 12/15/2018) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

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94

REPLY (re 88 MOTION to Strike 71 MOTION for Preliminary Injunction, re 35 Reply to Opposition/Response, re 8 MOTION for Temporary Restraining Order) filed by Lee Francis Cissna, Executive Office for Immigration Review (EOIR), Kevin K. McAleenan, James McHenry, Kirstjen M. Nielsen, Donald J. Trump, U.S Customs and Border Protection, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, Ronald D. Vitiello, Matthew G. Whitaker. (Attachments: #(1) Proposed Order Updated)(Greer, Christina) (Filed on 12/16/2018) (Entered: 12/16/2018)

1 Proposed Order Updated

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Dec. 16, 2018

Dec. 16, 2018

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Case Details