Case: O.A. v. Trump

1:18-cv-02718 | U.S. District Court for the District of District of Columbia

Filed Date: Nov. 20, 2018

Closed Date: Dec. 3, 2023

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Case Summary

On November 20, 2018, a group of asylum seekers challenged the federal government’s latest asylum policy, which prohibited people who enter the United States along the southern border somewhere other than a designated port of entry from obtaining asylum. Specifically, the plaintiffs challenged an interim final rule promulgated on November 9, 2018, declaring all those subject to a presidential proclamation concerning the southern border ineligible for asylum. The plaintiffs also challenged the "Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States,” which then President Trump signed the same day, blocking the entry of all people entering the United States without inspection at the southern border. The plaintiffs alleged violations of the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA), and the William Wilberforce Trafficking Victims Protection Act. Represented by the National Immigrant Justice Center, Human Rights First, and private counsel, they sought declaratory and injunctive relief. The case was filed in the United States District Court for the District of Columbia, and assigned to Magistrate Judge Randolph D. Moss.

The plaintiffs were six non-citizens who entered the United States seeking asylum. Two were a father and daughter who fled Honduras to escape a gang threatening to kill them, fearing the local police would not be willing to protect them. Another fled from Mexico, seeking safety from her gang-affiliated partner, who repeatedly beat her and threatened to kill her. A fourth plaintiff was an unaccompanied minor from Honduras who sought to escape a credible fear of murder from his father—a police officer who abused him—and from a gang that the plaintiff refused to join on moral grounds. Another two plaintiffs were a mother and her son from Honduras seeking asylum to escape the violence and threat of death posed by her husband. None had been granted asylum.

The plaintiffs argued that federal law allowed non-citizens to seek asylum regardless of their immigration status or how they entered the United States. Further, federal law established procedural safeguards that aimed to give asylum seekers a fair review process during removal proceedings. The plaintiffs also argued that under treaty obligations, the United States could not deny asylum on the basis of where the non-citizen entered the country. But the government’s new rule, part of its broader “zero-tolerance” policy on immigration, “shutter[ed] access to the asylum system for thousands of men, women, and children that the Administration concedes are likely to have meritorious asylum claims.” Faced with even longer wait times at the border, the complaint argued, that asylum seekers already in dangerous situations and with scarce financial resources were thus left seriously vulnerable to violence from criminal organizations near the border.

At the same time the complaint was filed, the plaintiffs filed a motion for a temporary restraining order, to be followed by a preliminary injunction enjoining implementation and enforcement of the rule and the proclamation.

The Office of the United Nations High Commissioner for Refugees filed an amicus brief in support of the plaintiffs, as did a group of seven United States senators.

On December 17, 2018, the court held a hearing on the plaintiffs’ motion for a temporary restraining order and preliminary injunction, and consolidated the case with S.M.S.R. v. Trump, designating this case as the lead case. On December 21, the court decided to hold the motion in abeyance.

On December 18, 2018, the S.M.S.R. v. Trump plaintiffs filed an amended complaint listing seven additional asylum seekers as plaintiffs. At the same time, the plaintiffs in this case also filed an amended complaint seeking certification of a class consisting of all persons who had crossed the southern border since November 10, 2018, and had either gone into hiding to avoid detection, presented outside a port of entry and been detained, or presented and been released pending further immigration proceedings.

On December 26, 2018, the defendants filed a motion to stay all briefing deadlines in light of the lapse in appropriations to the Department of Justice caused by the federal government shutdown. The court, however, denied this motion.

On January 4, 2019, the plaintiffs in both cases filed motions for summary judgment and class certification. The defendants filed a cross motion for summary judgment on February 25, 2019. Oral argument on these pending motions was scheduled for May 29, 2019.

On August 2, 2019, the court granted in part the plaintiffs’ summary judgment and class certification motions, denied the defendants’ motion for summary judgment, and denied as moot the plaintiffs’ earlier motion for a temporary restraining order. 404 F.Supp.3d 109. The court held that the rule challenged by the plaintiffs was “unlawful” within the meaning of the Administrative Procedure Act. The court also found both the plaintiffs’ argument for an injunction and the defendants’ argument against the injunction unpersuasive; as a practical matter, it would be impossible to vacate the challenged rule with respect to the organizational plaintiffs without vacating the rule entirely. As such, the court agreed to vacate the rule but declined the plaintiffs’ request to enforce the requested injunction. As to the class certification, the court found that, here, the class certification requirements of numerosity, commonality, typicality, and adequacy of representation were met. All members of the proposed class faced the same potential loss of the right to seek asylum and sought invalidation of the interim final rule.

On September 30, 2019, the defendants appealed the case. Oral argument was held in December 2020. Then, on February 2, 2021, President Biden issued the Executive Order on Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border. The U.S. Court of Appeals for the District of Columbia Circuit issued a per curiam order the following day asking the parties to file supplemental briefs addressing the mootness of the appeal in light of the executive order. A few days after receiving the supplemental briefs, the D.C. Circuit filed another order holding the case in abeyance as the new Biden administration worked to implement its own immigration policies. The administration was instructed to file status reports every 60 days.

Over the next few months, the Biden administration worked to strengthen the U.S. asylum system and end many Trump-era policies, including Remain in Mexico and Title 42. In October 2023, the U.S. government filed an unopposed motion to voluntarily dismiss the case. This motion was granted, and the district court dismissed the case on December 3, 2023. This case is now closed.

	Document
1 1:18-cv-02718	Complaint	Nov. 20, 2018	Nov. 20, 2018 Complaint
40 1:18-cv-02718	Amended Class Action Complaint for Declaratory and Injunctive Relief	Dec. 18, 2018	Dec. 18, 2018 Complaint
39 1:18-cv-02718	Amended Class Complaint for Declaratory and Injunctive Relief	Dec. 18, 2018	Dec. 18, 2018 Complaint
92 1:18-cv-02718 18-02838	Memorandum Opinion	Aug. 2, 2019	Aug. 2, 2019 Order/Opinion 404 F.Supp.3d 109

ECF Number	Description	Date	Link Date / Link
1	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 View on PACER	Nov. 20, 2018	Nov. 20, 2018 Clearinghouse
	Summons Not Issued	Nov. 20, 2018	Nov. 20, 2018 PACER
2	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)	Nov. 20, 2018	Nov. 20, 2018 PACER
3	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)	Nov. 20, 2018	Nov. 20, 2018 PACER
4	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)	Nov. 20, 2018	Nov. 20, 2018 PACER
	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).	Nov. 20, 2018	Nov. 20, 2018 PACER
5	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)	Nov. 21, 2018	Nov. 21, 2018 PACER
6	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 View on PACER 2 Declaration View on PACER 3 Declaration View on PACER 4 Declaration View on PACER 5 Declaration View on PACER 6 Declaration View on PACER 7 Text of Proposed Order View on PACER	Nov. 21, 2018	Nov. 21, 2018 RECAP
7	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)	Nov. 21, 2018	Nov. 21, 2018 RECAP
8	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 View on PACER	Nov. 23, 2018	Nov. 23, 2018 PACER
	Order on Motion for Briefing Schedule	Nov. 23, 2018	Nov. 23, 2018 PACER
	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, )	Nov. 23, 2018	Nov. 23, 2018 PACER
	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, )	Nov. 25, 2018	Nov. 25, 2018 PACER
	Order on Sealed Motion for Leave to File Document Under Seal	Nov. 25, 2018	Nov. 25, 2018 PACER
	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)	Nov. 26, 2018	Nov. 26, 2018 PACER
	Set/Reset Deadlines	Nov. 26, 2018	Nov. 26, 2018 PACER
9	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)	Nov. 27, 2018	Nov. 27, 2018 PACER
10	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)	Nov. 29, 2018	Nov. 29, 2018 PACER
11	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)	Nov. 30, 2018	Nov. 30, 2018 PACER
	Order	Nov. 30, 2018	Nov. 30, 2018 PACER
12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 11/30/2018 (Hentoff, Thomas) (Entered: 11/30/2018)	Nov. 30, 2018	Nov. 30, 2018 PACER
13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KRISTJEN M. NIELSEN served on 11/30/2018 (Hentoff, Thomas) (Entered: 11/30/2018)	Nov. 30, 2018	Nov. 30, 2018 PACER
14	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LEE FRANCIS CISSNA served on 11/30/2018 (Hentoff, Thomas) (Entered: 11/30/2018)	Nov. 30, 2018	Nov. 30, 2018 PACER
15	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN LAFFERTY served on 11/30/2018 (Hentoff, Thomas) (Entered: 11/30/2018)	Nov. 30, 2018	Nov. 30, 2018 PACER
16	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)	Nov. 30, 2018	Nov. 30, 2018 PACER
	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, )	Nov. 30, 2018	Nov. 30, 2018 PACER
	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)	Dec. 3, 2018	Dec. 3, 2018 PACER
	Set/Reset Deadlines/Hearings	Dec. 3, 2018	Dec. 3, 2018 PACER
17	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)	Dec. 6, 2018	Dec. 6, 2018 PACER
18	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)	Dec. 6, 2018	Dec. 6, 2018 PACER
19	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 View on PACER 2 Text of Proposed Order View on PACER	Dec. 6, 2018	Dec. 6, 2018 PACER
20	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 View on PACER 2 Text of Proposed Order View on PACER	Dec. 6, 2018	Dec. 6, 2018 PACER
	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, )	Dec. 7, 2018	Dec. 7, 2018 PACER
	Order on Motion for Leave to File	Dec. 7, 2018	Dec. 7, 2018 PACER
	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, )	Dec. 7, 2018	Dec. 7, 2018 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Dec. 7, 2018	Dec. 7, 2018 PACER
21	AMICUS BRIEF by OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES. (ztd) (Entered: 12/07/2018)	Dec. 7, 2018	Dec. 7, 2018 RECAP
22	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 View on PACER 2 Declaration View on PACER 3 Declaration View on PACER 4 Declaration View on PACER 5 Declaration View on PACER 6 Declaration View on PACER 7 Declaration View on PACER 8 Declaration View on PACER 9 Declaration View on PACER 10 Text of Proposed Order View on PACER	Dec. 7, 2018	Dec. 7, 2018 PACER
23	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)	Dec. 12, 2018	Dec. 12, 2018 RECAP
24	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 View on PACER 2 Text of Proposed Order View on PACER	Dec. 13, 2018	Dec. 13, 2018 PACER

Case: O.A. v. Trump

1:18-cv-02718 | U.S. District Court for the District of District of Columbia

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