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 the federal government's latest asylum policy prohibiting people who enter the U.S. along the southern border somewhere other than a designated port of entry from obtaining asylum. Specifically, East Bay Sanctuary Covenant (EBSC), Al Otro Lado, Innovation Law Lab, and Central American Resource Center (CARECEN), challenged an interim final rule p…

On November 9, 2018, several nonprofit organizations filed this lawsuit in the U.S. District Court for the Northern District of California, challenging the federal government's latest asylum policy prohibiting people who enter the U.S. along the southern border somewhere other than a designated port of entry from obtaining asylum. Specifically, East Bay Sanctuary Covenant (EBSC), Al Otro Lado, Innovation Law Lab, and Central American Resource Center (CARECEN), 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 Nov. 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 court ordered the TRO to remain in effect until Dec. 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.

On November 27, 2018, the defendants appealed the TRO to the Ninth Circuit Court of Appeals and requested 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 stay of the TRO pending appeal.

On December 7, 2018, 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.

On December 19, 2018, 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, 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.

On February 28, 2020, the Ninth Circuit upheld the district court's nationwide injunction. 950 F.3d 1242. The Court 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 case is ongoing.

Summary Authors

Virginia Weeks (11/24/2018)

Anna Brito (3/20/2019)

Sam Kulhanek (3/7/2020)

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)

Fernandez, Ferdinand Francis (California)

Fletcher, William A. (California)

Paez, Richard A. (California)

Tigar, Jon Steven (California)

Attorneys(s) for Plaintiff

Amdur, Spencer (New York)

Azmy, Baher (New York)

Balakrishnan, Anand V. (New York)

Bauer, Mary C. (Virginia)

Crow, Melissa E. (District of Columbia)

Gelernt, Lee (New York)

Judge(s)

Fernandez, Ferdinand Francis (California)

Fletcher, William A. (California)

Paez, Richard A. (California)

Tigar, Jon Steven (California)

Attorneys(s) for Plaintiff

Amdur, Spencer (New York)

Azmy, Baher (New York)

Balakrishnan, Anand V. (New York)

Bauer, Mary C. (Virginia)

Crow, Melissa E. (District of Columbia)

Gelernt, Lee (New York)

Guisado, Angelo R. (New York)

Jadwat, Omar C. (New York)

Newell, Jennifer Chang (California)

Perez, Celso Javier (New York)

Rabinovitz, Judy (New York)

Schwarz, Ghita (New York)

Sun, Christine Patricia (California)

Talla, Vasudha (California)

Veroff, Julie Michelle (California)

Wofsy, Cody H. (California)

Attorneys(s) for Defendant

Genova, Francesca (District of Columbia)

Greer, Christina P. (District of Columbia)

Reuveni, Erez (District of Columbia)

Stewart, Scott Grant (District of Columbia)

York, Thomas Benton (District of Columbia)

Other Attorney(s)

Frahn, Harrison [Buzz] (California)

Hauck, Brian (California)

Joseph, Lawrence J (District of Columbia)

Larkin, Jocelyn Dion (California)

Lin, Megan (Washington)

Marcus, David Charles (California)

Margulies, Peter (Rhode Island)

Minter, Shannon (California)

Nahmias, David (Georgia)

Nako, Lindsay Elizabeth (California)

Pearsall, Patrick William (District of Columbia)

Smullin, Rebecca (California)

Wadhia, Shoba Sivaprasad (Pennsylvania)

Whelan, Amy E. (California)

Wilensky, Julie H. (California)

Wilensky [inactive], Julie (California)

Zahradka, James F. II (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 28, 2020 Docket
1

Complaint

Nov. 9, 2018 Complaint
43

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

349 F.Supp.3d 838, 2018 WL 6053140

Nov. 19, 2018 Order/Opinion
99

Order Granting Preliminary Injunction

349 F.Supp.3d 838, 2018 WL 6053140

Dec. 19, 2018 Order/Opinion
81

Opinion

U. S. Court of Appeals for the Ninth Circuit

950 F.3d 1242, 2020 WL 962336

Feb. 28, 2020 Order/Opinion

Docket

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

Last updated May 11, 2022, 8 p.m.

ECF Number Description 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

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Nov. 9, 2018 RECAP
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 PACER
3

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

Nov. 9, 2018 PACER
4

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

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 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 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 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

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2 Declaration Adam Isacson

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3 Declaration of Daniel Sharp

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4 Declaration of Erika Pinheiro

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5 Declaration of Guy Goodwin-Gill

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6 Declaration of Stephen Manning

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7 Declaration of Michael Smith

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8 Proposed Order

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9 Common

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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 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 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 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 RECAP
12

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

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 PACER
15

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

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 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 PACER
18

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

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

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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 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 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 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 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 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 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 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 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 PACER
29

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

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 RECAP
31

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

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 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 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 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 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 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 RECAP
38

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

Nov. 18, 2018 RECAP
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 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 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 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 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 RECAP
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 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 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 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 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 RECAP
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 RECAP
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 RECAP
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 RECAP
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 RECAP
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 RECAP
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 RECAP

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 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 RECAP
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 RECAP
57

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

Nov. 29, 2018 PACER

Set Motion and Deadlines/Hearings

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 PACER
58

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

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 RECAP
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 RECAP
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 RECAP
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 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 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 RECAP
65

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

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 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 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 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 RECAP
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 RECAP
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 RECAP
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 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 RECAP
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 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 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 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 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 RECAP
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 RECAP
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 RECAP
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

View on RECAP

Dec. 5, 2018 PACER
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 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 RECAP

Set Motion and Deadlines/Hearings

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 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 RECAP
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 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 RECAP
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

View on PACER

Dec. 12, 2018 RECAP
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

View on PACER

Dec. 12, 2018 RECAP
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 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 RECAP
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 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 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 RECAP
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 RECAP
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

View on PACER

Dec. 16, 2018 RECAP

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 9, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Nonprofit organizations working with asylum seekers

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

ACLU of Northern California

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

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.

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2018 - 2018

Content of Injunction:

Preliminary relief granted

Issues

Discrimination-basis:

Immigration status

National origin discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Border police

Constitutional rights

Refugees

Undocumented immigrants - rights and duties

National Origin/Ethnicity:

Hispanic