Case: O.A. v. Trump

DHS Secretary John Kelly

President Donald Trump

DHS Secretary John Kelly

President Donald Trump

COMPLAINT against LEE FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER ( Filing fee $ 400, receipt number 4616095599) filed by K.S., G.Z., D.S., O.A., C.A., A.V.. (Attachments: # 1 Civil Cover Sheet)(ztd) (Entered: 11/21/2018)

1 Civil Cover Sheet

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MOTION to Proceed Under Pseudonym by A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Additional attachment(s) added on 11/21/2018: # 1 List, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Text of Proposed Order) (ztd). (Entered: 11/21/2018)

Memorandum and ORDER re 2 MOTION to Proceed Under Pseudonym filed by O.A., K.S., D.S., G.Z., A.V., C.A.. Signed by Chief Judge Beryl A. Howell on 11/20/18. (ztd) (Entered: 11/21/2018)

SEALED DOCUMENT (Main Document - List) filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration)(ztd) (Entered: 11/21/2018)

Summons Not Issued

SUMMONS Not Issued as to LEE FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER (ztd) Modified date filed on 12/3/2018 (ztd).

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.V., C.A., D.S., G.Z., K.S., O.A. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Text of Proposed Order, # 7 Certificate of Service)(Hentoff, Thomas) (Entered: 11/21/2018)

MOTION for Temporary Restraining Order by A.V., C.A., D.S., G.Z., K.S., O.A. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Text of Proposed Order)(Hentoff, Thomas). Added MOTION for Preliminary Injunction on 11/26/2018 (ztd). (Entered: 11/21/2018)

1 Declaration

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2 Declaration

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3 Declaration

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4 Declaration

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5 Declaration

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6 Declaration

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7 Text of Proposed Order

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STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in this Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 11/21/2018. (lcrdm1, ) (Entered: 11/21/2018)

Unopposed MOTION for Briefing Schedule by O.A. (Attachments: # 1 Text of Proposed Order)(Oberwetter, Ellen) (Entered: 11/23/2018)

1 Text of Proposed Order

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MINUTE ORDER: Upon consideration of Plaintiffs' unopposed motion for briefing schedule, Dkt. 8, it is hereby ORDERED that the motion is GRANTED. Defendants' response shall be filed on or before Friday, December 7, 2018, and Plaintiffs' reply shall be filed on or before Friday, December 14, 2018. It is further ORDERED that the parties shall meet and confer about the date of a hearing on Plaintiffs' TRO motion and shall file proposed dates on or before Friday, November 30, 2018. Signed by Judge Randolph D. Moss on 11/23/2018. (lcrdm1, )

Order on Motion for Briefing Schedule

MINUTE ORDER: Upon consideration of Plaintiffs' Sealed Motion for Leave to File Document Under Seal, Dkt. 5, it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 11/25/2018. (lcrdm1, )

Order on Sealed Motion for Leave to File Document Under Seal

Set/Reset Deadlines

Set/Reset Deadlines: Defendants' response shall be filed on or before 12/7/2018: Plaintiffs' reply shall be filed on or before 12/14/2018; Joint proposed dates regarding hearing on TRO motion due by 11/30/2018. (kt)

REQUEST FOR SUMMONS TO ISSUE filed by K.S., G.Z., D.S., O.A., C.A., A.V..(Hentoff, Thomas) (Entered: 11/27/2018)

SUMMONS (5) Issued Electronically as to LEE FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER. (ztd) (Entered: 11/29/2018)

RESPONSE TO ORDER OF THE COURT re Order on Motion for Briefing Schedule,, Plaintiffs' Submission in Response to Court's November 23, 2018 Minute Order Regarding Proposed TRO Hearing Dates filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (Hentoff, Thomas) (Entered: 11/30/2018)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 11/30/2018 (Hentoff, Thomas) (Entered: 11/30/2018)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KRISTJEN M. NIELSEN served on 11/30/2018 (Hentoff, Thomas) (Entered: 11/30/2018)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LEE FRANCIS CISSNA served on 11/30/2018 (Hentoff, Thomas) (Entered: 11/30/2018)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN LAFFERTY served on 11/30/2018 (Hentoff, Thomas) (Entered: 11/30/2018)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/30/2018. (Hentoff, Thomas) (Entered: 11/30/2018)

Order

MINUTE ORDER: Upon consideration of Plaintiffs' submission, Dkt. 11, it is hereby ORDERED that the parties shall appear for a hearing on Plaintiffs' TRO motion on Monday, December 17, 2018, at 10:00 a.m. in Courtroom 21. It is further ORDERED that the date previously set for Plaintiffs to file their reply brief is VACATED, and Plaintiffs shall now file their reply brief on or before Wednesday, December 12, 2018. Signed by Judge Randolph D. Moss on 11/30/2018. (lcrdm1, )

Set/Reset Deadlines/Hearings: Motion Hearing re: 6 Motion for Temporary Restraining Order set for 12/17/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. Plaintiff's reply brief due by 12/12/2018. (kt)

Set/Reset Deadlines/Hearings

NOTICE of Appearance by Thomas Benton York on behalf of All Defendants (York, Thomas) (Main Document 17 replaced on 12/7/2018) (ztd). (Entered: 12/06/2018)

NOTICE of Appearance by Patrick William Pearsall on behalf of OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (Pearsall, Patrick) (Entered: 12/06/2018)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Vaishalee V. Yeldandi, :Firm- Jenner & Block LLP, :Address- 353 N. Clark Street, Chicago, IL 60654. Phone No. - 312-840-7378. Fax No. - 312-527-0484 Filing fee $ 100, receipt number 0090-5826292. Fee Status: Fee Paid. by OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Pearsall, Patrick) (Entered: 12/06/2018)

1 Declaration

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2 Text of Proposed Order

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Unopposed MOTION for Leave to File Brief as Amicus Curiae by OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (Attachments: # 1 Amicus Brief, # 2 Text of Proposed Order)(Pearsall, Patrick) (Entered: 12/06/2018)

1 Amicus Brief

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2 Text of Proposed Order

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AMICUS BRIEF by OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES. (ztd) (Entered: 12/07/2018)

Memorandum in opposition to re 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by L. FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Declaration, # 8 Declaration, # 9 Declaration, # 10 Text of Proposed Order)(Reuveni, Erez) (Entered: 12/07/2018)

1 Declaration

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2 Declaration

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3 Declaration

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4 Declaration

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5 Declaration

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6 Declaration

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7 Declaration

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8 Declaration

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9 Declaration

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10 Text of Proposed Order

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MINUTE ORDER: Upon consideration of the unopposed motion of the Office of the United Nations High Commissioner for Refugees for leave to file brief as amicus curiae, Dkt. 20, the motion is hereby GRANTED. The brief, Dkt. [20-1], shall be deemed FILED. Signed by Judge Randolph D. Moss on 12/7/2018. (lcrdm1, )

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER: Upon consideration of the motion for leave to appear pro hac vice, Dkt. 19, it is hereby ORDERED that the motion is GRANTED. Vaishalee V. Yeldandi is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 12/7/2018. (lcrdm1, )

Order on Motion for Leave to File

REPLY to opposition to motion re 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (Hentoff, Thomas) (Entered: 12/12/2018)

MOTION for Leave to File Brief as Amici Curiae by PATRICK J. LEAHY, RON WYDEN, SHELDON WHITEHOUSE, RICHARD BLUMENTHAL, JEFF MERKLEY, CORY BOOKER, KAMALA D. HARRIS (Attachments: # 1 Amicus Brief, # 2 Text of Proposed Order)(Manning, Susan); Modified text on 12/14/2018 (tth). (Entered: 12/13/2018)

1 Amicus Brief

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2 Text of Proposed Order

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NOTICE of Appearance by Susan Baker Manning on behalf of PATRICK J. LEAHY (Manning, Susan); Modified text on 12/14/2018 (ztth). (Entered: 12/14/2018)

NOTICE of Appearance by Susan Baker Manning on behalf of RICHARD BLUMENTHAL, CORY BOOKER, KAMALA D. HARRIS, JEFF MERKLEY, SHELDON WHITEHOUSE, RON WYDEN (Manning, Susan) Modified text to correct spelling on 12/14/2018 (ztd). (Entered: 12/14/2018)

NOTICE of Appearance by Scott Grant Stewart on behalf of All Defendants (Stewart, Scott) (Entered: 12/14/2018)

AMICUS BRIEF by RICHARD BLUMENTHAL, CORY BOOKER, KAMALA D. HARRIS, PATICK J. LEAHY, JEFF MERKLEY, SHELDON WHITEHOUSE, RON WYDEN. (ztd) (Entered: 12/17/2018)

Order on Motion for Leave to File

MINUTE ORDER: Upon consideration of the unopposed motion of Senators Patrick J. Leahy, Ron Wyden, Sheldon Whitehouse, Richard Blumenthal, Jeff Merkley, Cory Booker, and Kamala D. Harris for leave to file brief as amicus curiae, Dkt. 24, the motion is hereby GRANTED. The brief, Dkt. [24-1], shall be deemed FILED. Signed by Judge Randolph D. Moss on 12/14/2018. (lcrdm1, )

NOTICE of Certification Pursuant to LCvR 83.2(g) -- Eleni Rebecca Bakst by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) (Entered: 12/15/2018)

NOTICE of Certification Pursuant to LCvR 83.2(g) -- Gianna Borroto by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) (Entered: 12/15/2018)

NOTICE of Certification Pursuant to LCvR 83.2(g) -- Matthew D. Heins by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) (Entered: 12/15/2018)

NOTICE of Certification Pursuant to LCvR 83.2(g) -- Anwen Hughes by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) (Entered: 12/15/2018)

NOTICE of Certification Pursuant to LCvR 83.2(g) -- Charles George Roth by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) (Entered: 12/15/2018)

NOTICE of Appearance by Christina Greer on behalf of L. FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER (Greer, Christina) (Entered: 12/17/2018)

Order

MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference at 10:00 a.m. on Friday, December 21, 2018, in Courtroom 21 to discuss further proceedings in this matter. Signed by Judge Randolph D. Moss on 12/17/2018. (lcrdm1, )

Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 12/17/2018 re: 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by O.A., K.S., D.S., G.Z., A.V., C.A. The 6 Motion is HELD IN ABEYANCE. The Court ORDERS that this case and case no. 18cv2838 be CONSOLIDATED, with this case being designated as the lead case. The parties shall meet and confer as to a proposed schedule going forward. Plaintiffs to file an Amended Complaint by end of day on 12/18/2018. (Court Reporter: Jeff Hook.) (kt)

Motion Hearing

NOTICE of Appearance by Ana C. Reyes on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (Reyes, Ana) (Entered: 12/18/2018)

NOTICE of filing of Plaintiffs' notices of appearance and order of expedited removal by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER (Reuveni, Erez) (Entered: 12/18/2018)

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Form I-860 Order of Expedited Removal, # 2 Exhibit Form I-213 Record of Removable Alien, # 3 Exhibit Notice to Appear, # 4 Exhibit Notice to Appear, # 5 Exhibit Notice to Appear, # 6 Exhibit Notice to Appear, # 7 Exhibit Notice to Appear, # 8 Exhibit Notice to Appear, # 9 Exhibit Notice to Appear, # 10 Exhibit Additional Hearing Notices)(Reuveni, Erez) (Entered: 12/18/2018)

ENTERED IN ERROR. . . . .NOTICE of Certification Pursuant to LCvR 83.2(g) -- Vanessa O. Omoroghomwan by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) Modified on 12/19/2018 (ztd). (Entered: 12/18/2018)

AMENDED COMPLAINT against All Defendants filed by R.S.P.S., S.M.S.R., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, S.M.S.R., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., R.S.P.S..Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Bernick, Justin) (Entered: 12/18/2018)

AMENDED COMPLAINT against L. FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER filed by G.Z., O.A., K.S., D.S., C.A., A.V..(Hentoff, Thomas) (Entered: 12/18/2018)

SEALED DOCUMENT filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER. (This document is SEALED and only available to authorized persons.)(ztd) (Entered: 12/19/2018)

Order on Sealed Motion for Leave to File Document Under Seal

Set/Reset Hearings

Set/Reset Hearings: Status Conference set for 12/21/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

MINUTE ORDER: Upon consideration of Defendants' sealed motion for leave to file under seal, Dkt. 37, the motion is hereby GRANTED. Signed by Judge Randolph D. Moss on 12/18/2018. (lcrdm1, )

TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on December 17, 2018. Page Numbers: 1 - 155. Date of Issuance: December 19, 2018. Court Reporter: Jeff Hook. Contact Information: 202-354-3373 / jeff_hook@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/9/2019. Redacted Transcript Deadline set for 1/19/2019. Release of Transcript Restriction set for 3/19/2019.(Hook, Jeff) (Entered: 12/19/2018)

REQUEST FOR SUMMONS TO ISSUE filed by G.Z., O.A., K.S., D.S., C.A., A.V..(Hentoff, Thomas) (Entered: 12/19/2018)

SUMMONS (1) Issued Electronically for Amended Complaint as to U.S. Attorney (ztd) (Entered: 12/19/2018)

Notice of QC

NOTICE OF ERROR re 38 Notice (Other); emailed to thentoff@wc.com, cc'd 25 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. Each attorney must use their own CMECF password to electronically file. (ztd, )

NOTICE of Appearance by Mary Beth Hickcox-Howard on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (Hickcox-Howard, Mary Beth) (Entered: 12/20/2018)

Status Conference

Order

Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 12/21/2018. The 6 Motion for Temporary Restraining Order and Preliminary Injunction are HELD IN ABEYANCE. The parties may file supplemental briefs/additional motions on or before 12/28/2018; Opposition briefs due 1/11/2019; Replies due by 1/17/2019. If there are any other developments, the parties shall confer and file a joint status report. (Court Reporter: Jeff Hook.) (kt)

MINUTE ORDER: In light of the telephone conference with the parties on December 21, 2018, the following schedule shall govern further proceedings in this case: (1) Plaintiffs shall file their combined motions for summary judgment and motions with respect to class certification on or before January 4, 2019 (limited to 30 pages for each Plaintiff group); (2) Defendants shall file their combined opposition to Plaintiffs' motions and and their cross-motion on or before January 18, 2019 (limited to 60 pages); (3) Plaintiffs shall file their combined opposition to Defendants' cross-motion and reply on or before February 1, 2019 (limited to 30 pages for each Plaintiff group); and (4) Defendants shall file their final reply in support of their cross-motion on or before February 8, 2019 (limited to 30 pages). Defendants shall promptly provide Plaintiffs with a copy of the administrative record, and shall file a certified copy of the administrative record with the Court on or before January 4, 2019. Signed by Judge Randolph D. Moss on 12/21/2018. (lcrdm1, ) Modified on 12/26/2018 to correct date/year for one of the deadlines (kt).

MOTION to Stay by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER (Attachments: # 1 Text of Proposed Order)(Reuveni, Erez) (Entered: 12/26/2018)

1 Text of Proposed Order

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Set/Reset Deadlines: Plaintiffs shall file their combined motions for summary judgment and motions with respect to class certification on or before 1/4/2019; Defendants shall file their combined opposition to Plaintiffs' motions and and their cross-motion on or before 1/18/2019; Plaintiffs shall file their combined opposition to Defendants' cross-motion and reply on or before 2/1/2019; Defendants shall file their final reply in support of their cross-motion on or before 2/8/2019; Defendants certified copy of the administrative record due on or before 1/4/2019. (kt)

Set/Reset Deadlines

Order on Motion to Stay

MINUTE ORDER: Upon consideration of Defendants' Motion to Stay, Dkt. 46, it is hereby ordered that the motion is GRANTED in part and DENIED in part. The motion is GRANTED with respect to Defendants' request to stay production of the certified administrative record, on the understanding that the record will be identical to that produced in the East Bay litigation. With respect to Defendants' request to stay current briefing deadlines, the motion is DENIED. Although the Court is mindful of the current lapse in appropriations, where there is "some reasonable and articulable connection between the function to be performed and the safety of human life or the protection of property," government functions may continue. 43 Op. Att'y Gen. 293 (January 16, 1981). Plaintiffs allege that this is just such a case. The Court further notes that, according to government reports, 48% of employees from the Executive Office for Immigration Review are excepted "to process all immigration cases and appeals involving detained aliens," U.S. Department of Justice FY 2019 Contingency Plan at 5; see also id. at 12, and approximately 91% of Customs and Border Protection employees and 81% of Immigration and Customs Enforcement employees will be retained during a lapse in appropriations. See U.S. Department of Homeland Security, Procedures Relating to a Lapse in Appropriations, at 35-37 (Dec. 17, 2018). Signed by Judge Randolph D. Moss on 12/27/2018. (lcrdm1, )

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Adina Appelbaum, :Firm- CAIR Coalition, :Address- 1612 K Street NW Suite 204, Washington, DC 20006. Phone No. - 202-899-1412. Fax No. - 202-331-3341 Filing fee $ 100, receipt number 0090-5866257. Fee Status: Fee Paid. by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, R.S.P.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., S.M.S.R. (Attachments: # 1 Declaration of Adina Appelbaum)(Welborn, Kaitlin) (Entered: 01/02/2019)

1 Declaration of Adina Appelbaum

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NOTICE of Voluntary Dismissal re Z.A.G.G. & D.A.L.G. (Bernick, Justin) (Entered: 01/03/2019)

MINUTE ORDER: Upon consideration of the motion for leave to appear pro hac vice, Dkt. 47, it is hereby ORDERED that the motion is GRANTED. Adina Appelbaum is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 1/3/2019. (lcrdm1, )

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/28/2018. Answer due for ALL FEDERAL DEFENDANTS by 2/26/2019. (Heins, Matthew) (Entered: 01/04/2019)

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.V., C.A., D.S., G.Z., K.S., O.A. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration of Plaintiff OA (Original), # 2 Declaration of Plaintiff OA (Supplemental), # 3 Declaration of Plaintiff AV (Original), # 4 Declaration of Plaintiff AV (Supplemental), # 5 Declaration of Plaintiff GZ (Original), # 6 Declaration of Plaintiff GZ (Supplemental), # 7 Declaration of Plaintiff DS (Original), # 8 Declaration of Plaintiff DS (Supplemental), # 9 Declaration of Plaintiff DR, # 10 Declaration of Plaintiff PR, # 11 Declaration of Plaintiff GR, # 12 Text of Proposed Order Granting Motion to File Under Seal)(Hentoff, Thomas) (Entered: 01/04/2019)

MOTION to Certify Class, MOTION for Summary Judgment by A.V., C.A., D.S., G.Z., K.S., O.A. (Attachments: # 1 Statement of Facts, # 2 Declaration of Plaintiff OA (Redacted Original), # 3 Declaration of Plaintiff OA (Redacted Supplemental), # 4 Declaration of Plaintiff AV (Redacted Original), # 5 Declaration of Plaintiff AV (Redacted Supplemental), # 6 Declaration of Plaintiff GZ (Redacted Original), # 7 Declaration of Plaintiff GZ (Redacted Supplemental), # 8 Declaration of Plaintiff DS (Redacted Original), # 9 Declaration of Plaintiff DS (Redacted Supplemental), # 10 Declaration of Plaintiff DR, # 11 Declaration of Plaintiff PR, # 12 Declaration of Plaintiff GR, # 13 Declaration of Ana C. Reyes, # 14 Declaration of Hardy Vieux, # 15 Declaration of Charles G. Roth, # 16 Text of Proposed Order Granting Class Certification and Summary Judgment)(Hentoff, Thomas) (Entered: 01/04/2019)

1 Statement of Facts

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2 Declaration of Plaintiff OA (Redacted Original)

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3 Declaration of Plaintiff OA (Redacted Supplemental)

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4 Declaration of Plaintiff AV (Redacted Original)

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5 Declaration of Plaintiff AV (Redacted Supplemental)

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6 Declaration of Plaintiff GZ (Redacted Original)

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7 Declaration of Plaintiff GZ (Redacted Supplemental)

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8 Declaration of Plaintiff DS (Redacted Original)

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9 Declaration of Plaintiff DS (Redacted Supplemental)

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10 Declaration of Plaintiff DR

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11 Declaration of Plaintiff PR

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12 Declaration of Plaintiff GR

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13 Declaration of Ana C. Reyes

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14 Declaration of Hardy Vieux

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15 Declaration of Charles G. Roth

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16 Text of Proposed Order Granting Class Certification and Summary Judgment

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MOTION to Certify Class, MOTION for Summary Judgment by A.J.A.C., A.J.E.A.M., C.S.C.C., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, K.P.P.V., L.C.V.R, N.A.G.A., R.D.P.V., R.G.G., R.S.P.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., S.M.S.R., Y.A.L.P. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Decl. of LCVR, # 4 Declaration Decl. of RGG, # 5 Declaration Decl. of AJAC, # 6 Declaration Decl. of KPPV, # 7 Declaration Decl. of YALP, # 8 Declaration Decl. of K. Welborn, # 9 Declaration Decl. of J. Bernick, # 10 Declaration Decl. of M. Govindaiah, # 11 Declaration Decl. of A. Appelbaum, # 12 Declaration Decl. of S. Fluharty, # 13 Text of Proposed Order, # 14 Certificate of Service)(Bernick, Justin) (Entered: 01/04/2019)

1 Memorandum in Support

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2 Statement of Facts

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3 Declaration Decl. of LCVR

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4 Declaration Decl. of RGG

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5 Declaration Decl. of AJAC

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6 Declaration Decl. of KPPV

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7 Declaration Decl. of YALP

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8 Declaration Decl. of K. Welborn

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9 Declaration Decl. of J. Bernick

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10 Declaration Decl. of M. Govindaiah

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11 Declaration Decl. of A. Appelbaum

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12 Declaration Decl. of S. Fluharty

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13 Text of Proposed Order

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14 Certificate of Service

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NOTICE of Appearance pursuant to 83.2(g) by Matthew D. Heins on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

NOTICE of Appearance pursuant to 83.2(g) by Ruben Loyo on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

NOTICE of Appearance pursuant to 83.2(g) by Vanessa O. Omoroghomwan on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

NOTICE of Appearance pursuant to 83.2(g) by Charles L. Mccloud on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

NOTICE of Appearance pursuant to 83.2(g) by Gianna Borroto on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

NOTICE of Appearance pursuant to 83.2(g) by Anwen Hughes on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

NOTICE of Appearance pursuant to 83.2(g) by Eleni R. Bakst on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

NOTICE of Appearance pursuant to 83.2(g) by Charles G. Roth on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Entered: 01/11/2019)

MINUTE ORDER: Upon consideration of the notice of voluntary dismissal, Dkt. 48, it is hereby ORDERED that Plaintiffs Z.A.G.G. and D.A.L.G. are dismissed from this matter without prejudice. Signed by Judge Randolph D. Moss on 1/4/2019. (lcrdm1, )

Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 1/7/2019. Defendants shall provide immediate notice to this Court if the stay in the 9th Circuit is lifted or modified in any way, as well as if it files anything in another court related to this issue. Defendants shall also provide notice regarding expending appropriated funds with respect to the rule-making process. Defendants' 46 Motion to Stay is GRANTED, for the reasons stated on the record. (Court Reporter: Jeff Hook.) (kt)

NOTICE of Hearing: Telephone Conference set for 1/7/2019, at 4:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt)