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

Clearinghouse coding complete

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 "…

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.

Summary Authors

Virginia Weeks (11/28/2018)

Eva Richardson (5/22/2019)

Bogyung Lim (8/14/2020)

Brillian Bao (12/20/2023)

Related Cases

S.M.S.R. v. Trump, District of District of Columbia (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8221650/parties/oa-v-trump/


Judge(s)
Attorney for Plaintiff

Appelbaum, Adina Bassim (District of Columbia)

Attorney, Thomas G.

Attorney, Curtis FJ

Attorney for Defendant
Expert/Monitor/Master/Other

Attorney, Robert E.

Attorney, Lawrence J.

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Documents in the Clearinghouse

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

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8221650/oa-v-trump/

Last updated Sept. 23, 2025, 2:03 a.m.

ECF Number Description Date Link Date / Link
61

NOTICE concerning lapse in funding and other cases 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 re Telephone Conference,, Order, (Attachments: # 1 Notice in 18-18274, # 2 Notice in 17-17436)(Reuveni, Erez) (Entered: 01/28/2019)

1 Notice in 18-18274

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2 Notice in 17-17436

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Jan. 28, 2019

Jan. 28, 2019

RECAP

MINUTE ORDER: Given that funding has been restored for the Department of Justice, it is hereby ORDERED that the stay in this case is lifted. It is further ORDERED that the parties shall meet and confer and submit a joint status report, on or before Friday, February 1, 2019, that includes a proposed briefing schedule taking into account the duration of the lapse in appropriations. Signed by Judge Randolph D. Moss on 1/28/2019. (lcrdm1, )

Jan. 28, 2019

Jan. 28, 2019

PACER

Set/Reset Deadlines: Joint Status Report due by 2/1/2019. (kt)

Jan. 28, 2019

Jan. 28, 2019

PACER
62

Joint STATUS REPORT 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. (Reuveni, Erez) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

RECAP

MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 62, it is hereby ORDERED that the government shall serve a certified administrative record on Plaintiffs on or before February 18, 2019; the government shall file its opposition and cross-motion on or before February 25, 2019; Plaintiffs shall file their opposition and reply on or before March 18, 2019; and the government shall file its final reply on or before March 29, 2019. Signed by Judge Randolph D. Moss on 2/3/2019. (lcrdm1, )

Feb. 3, 2019

Feb. 3, 2019

PACER
63

NOTICE 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 Exhibit)(Reuveni, Erez) (Entered: 02/04/2019)

1 Exhibit

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Feb. 4, 2019

Feb. 4, 2019

RECAP
64

ADMINISTRATIVE RECORD Notice of Electronic Filing by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, 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, 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 Exhibit Index - Administrative Record, # 2 Exhibit EOIR Certification - Administrative Record, # 3 Exhibit DHS Certification - Administrative Record, # 4 Exhibit Administrative Record)Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Gray, Kathryne) (Entered: 02/15/2019)

1 Exhibit Index - Administrative Record

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2 Exhibit EOIR Certification - Administrative Record

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3 Exhibit DHS Certification - Administrative Record

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4 Exhibit Administrative Record

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Feb. 15, 2019

Feb. 15, 2019

PACER
65

Memorandum in opposition to re (52 in 1:18-cv-02718-RDM, 52 in 1:18-cv-02718-RDM) MOTION to Certify Class MOTION for Summary Judgment, (51 in 1:18-cv-02718-RDM, 51 in 1:18-cv-02718-RDM) MOTION to Certify Class MOTION for Summary Judgment filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN. (Attachments: # 1 Statement of Facts Response to Plaintiffs' Statements of Facts)Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Darrow, Joseph) (Entered: 02/25/2019)

1 Statement of Facts Response to Plaintiffs' Statements of Facts

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Feb. 25, 2019

Feb. 25, 2019

RECAP
66

Cross MOTION for Summary Judgment by 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 Statement of Facts Response to Plaintiffs' Statements of Facts)(Darrow, Joseph) (Entered: 02/25/2019)

1 Statement of Facts Response to Plaintiffs' Statements of Facts

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Feb. 25, 2019

Feb. 25, 2019

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67

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 re 65 Memorandum in Opposition,, 66 Cross MOTION for Summary Judgment (This document is SEALED and only available to authorized persons.)(Darrow, Joseph) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER
68

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 re 65 Memorandum in Opposition,, 66 Cross MOTION for Summary Judgment (This document is SEALED and only available to authorized persons.)(Darrow, Joseph) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER
69

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 re 65 Memorandum in Opposition,, 68 Sealed Document,, 66 Cross MOTION for Summary Judgment (This document is SEALED and only available to authorized persons.)(Darrow, Joseph) (Entered: 02/26/2019)

Feb. 26, 2019

Feb. 26, 2019

PACER
70

Consent MOTION for Leave to File Amicus Brief in Support of Federal Defs by IMMIGRATION REFORM LAW INSTITUTE (Attachments: # 1 Memorandum in Support Proposed Amicus Brief, # 2 Text of Proposed Order Proposed Order)Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Joseph, Lawrence) (Entered: 03/13/2019)

1 Memorandum in Support Proposed Amicus Brief

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2 Text of Proposed Order Proposed Order

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March 13, 2019

March 13, 2019

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71

AMICUS BRIEF by IMMIGRATION REFORM LAW INSTITUTE. (ztd) (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

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Order on Motion for Leave to File

March 15, 2019

March 15, 2019

PACER

MINUTE ORDER: Upon consideration of the consent motion of the Immigration Reform Law Institute for leave to file brief as amicus curiae, Dkt. 70, it is hereby ORDERED that the motion is GRANTED. The brief, Dkt. [70-1], shall be deemed filed. Signed by Judge Randolph D. Moss on 3/15/2019. (lcrdm1, )

March 15, 2019

March 15, 2019

PACER
72

REPLY to opposition to motion re 52 MOTION to Certify Class MOTION for Summary Judgment filed 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.. (Bernick, Justin) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

RECAP
73

REPLY to opposition to motion re 51 MOTION to Certify Class MOTION for Summary Judgment filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (Attachments: # 1 Statement of Facts Reply Supporting Statement of Material Facts)(Hentoff, Thomas) (Entered: 03/18/2019)

1 Statement of Facts Reply Supporting Statement of Material Facts

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March 18, 2019

March 18, 2019

RECAP
74

Memorandum in opposition to re 66 Cross MOTION for Summary Judgment filed 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.. (See Docket Entry 72 to view document). (znmw) (Entered: 03/19/2019)

March 18, 2019

March 18, 2019

PACER
75

Memorandum in opposition to re 66 Cross MOTION for Summary Judgment filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (See Docket Entry 73 to view document). (znmw) (Entered: 03/19/2019)

March 18, 2019

March 18, 2019

PACER

Memorandum in opposition to motion

March 19, 2019

March 19, 2019

PACER
76

REPLY to opposition to motion re (66 in 1:18-cv-02718-RDM) Cross MOTION for Summary Judgment filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, 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, 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 Exhibit A, NTAs for L.V.C.R. & C.S.C.C., # 2 Exhibit B, NTAs for R.G.G. & N.A.G.A., # 3 Exhibit C, Defendants Response to Plaintiffs Reply Concerning Statement of Material Facts)(York, Thomas) (Entered: 03/29/2019)

1 Exhibit A, NTAs for L.V.C.R. & C.S.C.C.

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2 Exhibit B, NTAs for R.G.G. & N.A.G.A.

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3 Exhibit C, Defendants Response to Plaintiffs Reply Concerning Statement of Mater

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March 29, 2019

March 29, 2019

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77

NOTICE of Change of Address by Elizabeth Hagerty (Hagerty, Elizabeth) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

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.Order

May 8, 2019

May 8, 2019

PACER

MINUTE ORDER: The Court intends to hear oral argument on the parties' pending motions at 9:30 a.m. in Courtroom 21 on either May 29, 2019, or May 31, 2019. The Court requests that the parties be prepared to appear at these times, and will notify the parties regarding which day to appear as soon as possible. Signed by Judge Randolph D. Moss on 5/8/2019. (lcrdm1, )

May 8, 2019

May 8, 2019

PACER

.Order

May 13, 2019

May 13, 2019

PACER

MINUTE ORDER: It is hereby ORDERED that the parties shall appear for oral argument on their pending motions on May 29, 2019, at 9:30 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 5/13/2019. (lcrdm1, )

May 13, 2019

May 13, 2019

PACER

Set/Reset Hearings

May 14, 2019

May 14, 2019

PACER

Set/Reset Hearings: Motion Hearing set for 5/29/2019, at 9:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

May 14, 2019

May 14, 2019

PACER

.Order

May 21, 2019

May 21, 2019

PACER

Set/Reset Deadlines

May 21, 2019

May 21, 2019

PACER

MINUTE ORDER: Local Rule 7(h) provides that no Statement of Material Facts is necessary in cases in which judicial review is based solely on the administrative record. LCvR 7(h)(2). Because the parties have taken positions as to justiciability that rely on facts outside of the administrative record, however, this is not such a case. See, e.g., Chesapeake Climate Action Network v. Export-Import Bank of the U.S., 78 F. Supp. 3d 208, 217 (D.D.C. 2015) ("Although judicial review of agency action is typically confined to the administrative record, where there is not sufficient evidence of standing in the record because the question was not before the agency, plaintiffs may submit extra-record evidence to establish standing."). Accordingly, it is hereby ORDERED that the Government shall file a response to Plaintiffs' statements of material facts not in dispute, Dkt. 51-1; Dkt. 52-2, on or before May 28, 2019, at 2:00 p.m. Signed by Judge Randolph D. Moss on 5/21/2019. (lcrdm1, )

May 21, 2019

May 21, 2019

PACER

Set/Reset Deadlines: Government's Response due by 5/28/2019, at 2:00 PM. (kt)

May 21, 2019

May 21, 2019

PACER

.Order

May 24, 2019

May 24, 2019

PACER

Set/Reset Deadlines

May 24, 2019

May 24, 2019

PACER

MINUTE ORDER: In light of the parties' discussion of Pereira v. Sessions, 138 S. Ct. 2105 (2018), it is hereby ORDERED that the Government shall file any updated information regarding the Notices to Appear ("NTA") and/or notices of hearing dates for each of the Plaintiffs on or before May 28, 2019. The Court notes that for Plaintiffs D.R., P.R., G.R., L.C.V.R., C.S.C.C., R.G.G., N.A.G.A., K.P.P.V., R.D.P.V., A.J.E.A.M., and Y.A.L.P., the Government has not submitted documentation of notices of hearing dates, although it asserts that "each individual Plaintiff who was issued an NTA has also received a notice of hearing date." Dkt. 66 at 39. Signed by Judge Randolph D. Moss on 5/24/2019. (lcrdm1, )

May 24, 2019

May 24, 2019

PACER

Set/Reset Deadlines: The Government shall file any updated information regarding the Notices to Appear ("NTA") and/or notices of hearing dates for each of the Plaintiffs on or before 5/28/2019. (kt)

May 24, 2019

May 24, 2019

PACER
78

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 re Order,, Order,,,, (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Ex. A (D.S. & C.A. Hearing Notices), # 2 Exhibit Ex. B (Decl. of Burgus), # 3 Exhibit Ex. C (G.Z. Hearing Notices), # 4 Exhibit Ex. D - Decl. of Hale, # 5 Exhibit Ex. E D.R. Hearing Notices, # 6 Exhibit Ex. F Decl. of Johnson, # 7 Exhibit Ex. G P.R. Hearing Notices, # 8 Exhibit Ex. H G.R. Hearing Notices and Other Documents, # 9 Exhibit Ex. I NTA for A.V., # 10 Exhibit Ex. J S.M.S.R. and R.S.P.S. Worksheets and Hearing Notices, # 11 Exhibit Ex. K - L.V.C.R. and C.S.C.C. Worksheets and Hearing Notices, # 12 Exhibit Ex. L R.G.G. and N.A.G.A. Hearing Notices, # 13 Exhibit Ex. M - A.J.E.A.M. Worksheet and Hearing Notices, # 14 Exhibit Ex. N - K.P.P.V. and R.D.P.V. Worksheet and Hearing Notices, # 15 Exhibit Ex. O Y.A.L.P. Hearing Notices)(Gray, Kathryne) (Entered: 05/28/2019)

May 28, 2019

May 28, 2019

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~Util - Set/Reset Deadlines

May 29, 2019

May 29, 2019

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Motion Hearing

May 29, 2019

May 29, 2019

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 5/29/2019 re: 51 MOTION to Certify Class MOTION for Summary Judgment filed by K.S., O.A., D.S., G.Z., A.V., C.A., 52 MOTION to Certify Class MOTION for Summary Judgment filed by A.J.A.C., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., K.P.P.V., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, N.A.G.A., S.M.S.R., R.S.P.S., Y.A.L.P., R.D.P.V., A.J.E.A.M., L.C.V.R, R.G.G., C.S.C.C., and 66 Cross MOTION for Summary Judgment filed by KEVIN K. MCALEENAN, DONALD J. TRUMP, KRISTJEN M. NIELSEN, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF JUSTICE, RONALD D. VITIELLO, JOHN LAFFERTY, MATTHEW G. WHITAKER, U.S. DEPARTMENT OF HOMELAND SECURITY, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. MATTERS TAKEN UNDER ADVISMENT. Plaintiff's Supplemental Brief, 10 pages or less, due by 6/5/2019; Government's Response, 10 pages or less, due by 6/12/2019. (Court Reporter Jeff Hook.) (kt)

May 29, 2019

May 29, 2019

PACER
79

TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on May 29, 2019. Page Numbers: 1 - 112. Date of Issuance: June 4, 2019. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. 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 a bove. 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 6/25/2019. Redacted Transcript Deadline set for 7/5/2019. Release of Transcript Restriction set for 9/2/2019.(Hook, Jeff) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
80

SUPPLEMENTAL MEMORANDUM to re 51 MOTION to Certify Class MOTION for Summary Judgment filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (Attachments: # 1 Declaration Declaration of A. Welsh)(Hentoff, Thomas) (Entered: 06/05/2019)

1 Declaration Declaration of A. Welsh

View on PACER

June 5, 2019

June 5, 2019

RECAP
81

SUPPLEMENTAL MEMORANDUM to Defendants' Cross-Motion for Summary Judgment filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, 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, 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. Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Gray, Kathryne) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

RECAP
82

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 re 81 Supplemental Memorandum,,, (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Exhibit 2 to Defendants' Supplemental Brief)(Gray, Kathryne) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

PACER
83

NOTICE of Appearance by Patricia Stottlemyer on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (Stottlemyer, Patricia) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

RECAP
84

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 Exhibit Exhibit A to Statement Concerning Undisputed Facts)(Hentoff, Thomas) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
85

NOTICE of Statement Concerning Undisputed Facts by A.V., C.A., D.S., G.Z., K.S., O.A. (Attachments: # 1 Exhibit Exhibit A (Redacted))(Hentoff, Thomas) (Entered: 06/27/2019)

1 Exhibit Exhibit A (Redacted)

View on PACER

June 27, 2019

June 27, 2019

RECAP
86

SEALED DOCUMENT (Exhibit A to Statement Concerning Undisputed Facts) filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (This document is SEALED and only available to authorized persons.)(ztd) (Entered: 07/02/2019)

July 1, 2019

July 1, 2019

PACER

Order on Sealed Motion for Leave to File Document Under Seal

July 1, 2019

July 1, 2019

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Sealed Motion for Leave to File Under Seal, Dkt. 84, it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 7/1/2019. (lcrdm1, )

July 1, 2019

July 1, 2019

PACER
87

SUPPLEMENTAL MEMORANDUM to 85 in Response to O.A. PLAINTIFFS SUPPLEMENTAL STATEMENT OF MATERIAL FACTS NOT IN GENUINE DISPUTE filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, 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, 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. Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Gray, Kathryne) Modified to add linkage on 7/3/2019 (ztd). (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

RECAP
88

RESPONSE TO ORDER OF THE COURT by A.V., C.A., D.S., G.Z., K.S., O.A.. (Oberwetter, Ellen) Modified event title on 7/18/2019 (znmw). (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

RECAP

.Order

July 17, 2019

July 17, 2019

PACER

MINUTE ORDER: Counsel is hereby directed promptly to review and, if appropriate, to respond to the Court's minute order just entered in Capital Area Immigrants' Rights Coalition, et al., v. Trump, et al., 19-cv-2117. Signed by Judge Randolph D. Moss on 7/17/2019. (lcrdm1, )

July 17, 2019

July 17, 2019

PACER
89

NOTICE OF SUPPLEMENTAL AUTHORITY by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, 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, 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 Exhibit A)Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Gray, Kathryne) (Entered: 07/31/2019)

1 Exhibit A

View on PACER

July 31, 2019

July 31, 2019

RECAP
90

RESPONSE re Order,, Defendants' Statement of Material Facts filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, 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, 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. Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Gray, Kathryne) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

RECAP

.Order

July 31, 2019

July 31, 2019

PACER

Set/Reset Deadlines

July 31, 2019

July 31, 2019

PACER

MINUTE ORDER: It is hereby ORDERED that Defendants shall either file their statement of material facts not in genuine dispute, Dkt. 78, on the public docket, or shall indicate to the Court why it should remain under seal, by 5:00 p.m. today, July 31, 2019. While the Court understands that the exhibits to this statement contain sensitive information and should remain under seal, the statement itself does not appear to contain any such information. Signed by Judge Randolph D. Moss on 7/31/2019. (lcrdm1, )

July 31, 2019

July 31, 2019

PACER

Set/Reset Deadlines: Defendants' response to the court due by 5:00 PM, 7/31/2019. (kt)

July 31, 2019

July 31, 2019

PACER
91

RESPONSE to Government's Notice of Supplemental Authority 89 by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, R.S.P.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., S.M.S.R., A.J.A.C., A.J.E.A.M., A.V., C.A., C.S.C.C., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.S., G.Z., K.P.P.V., K.S., L.C.V.R, N.A.G.A., O.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. Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Hentoff, Thomas) Modified to add linkage and title on 8/12/2019 (ztd). (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

RECAP
92

MEMORANDUM OPINION GRANTING in part and DENYING in part Plaintiffs' motions for summary judgment and class certification, Dkt. 51 ; Dkt. 52 ; DENYING Defendants' cross-motion for summary judgment, Dkt. 66 ; and DENYING as moot Plaintiffs ' earlier-filed motions for temporary and preliminary injunctive relief, Dkt. 6 ; Mot. for Temp. Restraining Order, Dkt. 6, S.M.S.R. et al. v. Trump et al. (No. 18-2838). See document for details. Signed by Judge Randolph D. Moss on 8/2/2019. (lcrdm1, )

Aug. 2, 2019

Aug. 2, 2019

Clearinghouse
93

ORDER: It is hereby ORDERED that (1) a class consisting of "[a]ll noncitizen asylum-seekers who have entered or will enter the United States through the southern border but outside ports of entry after November 9, 2018," is certified pursuant to Fed. R. Civ. P. 23(b)(2); (2) named Plaintiffs O.A., A.V., K.S., G.Z., C.A., D.S. S.M.S.R., R.S.P.S., L.C.V.R., C.S.C.C., R.G.G., D.A.G.A., A.J.A.C. (on behalf of his minor son, A.J.E.A.M.), K.P.P.V., R.D.P.V., and Y.A.L.P. are designated as class representatives; and (3) counsel for Plaintiffs in the consolidated cases O.A. v. Trump and S.M.S.R. v. Trump are designated as co-counsel for the class. See document for details. Signed by Judge Randolph D. Moss on 8/2/2019. (lcrdm1, ) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

RECAP
94

ORDER: It is hereby ORDERED that Plaintiffs' motions for summary judgment and class certification, Dkt. 51 ; Dkt. 52, are GRANTED in part and DENIED in part; Defendants' cross-motion for summary judgment, Dkt. 66, is DENIED; and Plaintiffs' earlier-filed motions for temporary and preliminary injunctive relief, Dkt. 6 ; Mot. for Temp. Restraining Order, Dkt. 6, S.M.S.R. et al. v. Trump et al. (No. 18-2838), are DENIED as moot. See document for details. Signed by Judge Randolph D. Moss on 8/2/2019. (lcrdm1, ) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

RECAP

Order on Sealed Motion for Leave to File Document Under Seal

Aug. 2, 2019

Aug. 2, 2019

PACER

MINUTE ORDER: Upon consideration of Plaintiffs sealed motion for leave to file under seal, Dkt. 50, it is hereby ORDERED that the motion is GRANTED. The following documents shall be deemed filed, under seal: Dkt. [50-1]; Dkt. [50-2]; Dkt. [50-3]; Dkt. [50-4]; Dkt. [50-5]; Dkt. [50-6]; Dkt. [50-7]; Dkt. [50-8]; Dkt. [50-9]; Dkt. [50-10]; and Dkt. [50-11]. Signed by Judge Randolph D. Moss on 8/2/2019. (lcrdm1, )

Aug. 2, 2019

Aug. 2, 2019

PACER
95

NOTICE OF WITHDRAWAL OF APPEARANCE as to A.V., C.A., D.S., G.Z., K.S., O.A.. Attorney Eleni R. Bakst terminated. (ztd) (Entered: 09/12/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
96

NOTICE OF APPEAL TO DC CIRCUIT COURT by JAMES MCHENRY, KRISTJEN M. NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, MATTHEW G. WHITAKER, KEVIN K. MCALEENAN, U.S. DEPARTMENT OF JUSTICE, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, L. FRANCIS CISSNA, U.S. DEPARTMENT OF HOMELAND SECURITY, RONALD D. VITIELLO, DONALD J. TRUMP, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, JOHN LAFFERTY, U.S. DEPARTMENT OF HOMELAND SECURITY, KRISTJEN M. NIELSEN, U.S. CUSTOMS AND BORDER PROTECTION, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, RONALD D. VITIELLO, U.S. DEPARTMENT OF JUSTICE, MATTHEW G. WHITAKER, JAMES MCHENRY, DONALD J. TRUMP, L. FRANCIS CISSNA. Fee Status: No Fee Paid. Parties have been notified. Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Gray, Kathryne) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

RECAP
97

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 96 Notice of Appeal to DC Circuit Court,,,. (ztd) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

RECAP

USCA Case Number 19-5272 for 96 Notice of Appeal to DC Circuit Court,,, filed by KEVIN K. MCALEENAN, DONALD J. TRUMP, KRISTJEN M. NIELSEN, U.S. CUSTOMS AND BORDER PROTECTION, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. DEPARTMENT OF JUSTICE, RONALD D. VITIELLO, JOHN LAFFERTY, MATTHEW G. WHITAKER, U.S. DEPARTMENT OF HOMELAND SECURITY, L. FRANCIS CISSNA, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (zrdj)

Oct. 11, 2019

Oct. 11, 2019

PACER

USCA Case Number

Oct. 16, 2019

Oct. 16, 2019

PACER
98

NOTICE OF WITHDRAWAL OF APPEARANCE as to 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.. Attorney Elizabeth Hagerty terminated. (Hagerty, Elizabeth) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

RECAP
99

MOTION to Withdraw as Attorney Kaitlin Welborn 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. (Welborn, Kaitlin) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER

Order on Motion to Withdraw as Attorney

April 24, 2020

April 24, 2020

PACER

MINUTE ORDER: Upon consideration of the motion to withdraw as attorney, Dkt. 99, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that attorney Kaitlin Welborn may withdraw her appearance as co-counsel in this matter. Signed by Judge Randolph D. Moss on 4/24/2020. (lcrdm1)

April 24, 2020

April 24, 2020

PACER
100

MOTION to Withdraw as Attorney by A.V., C.A., D.S., G.Z., K.S., O.A. (Attachments: # 1 Text of Proposed Order)(Hickcox-Howard, Mary Beth) (Entered: 09/10/2020)

1 Text of Proposed Order

View on PACER

Sept. 10, 2020

Sept. 10, 2020

RECAP

MINUTE ORDER: Upon consideration of the motion to withdraw, Dkt. 100, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the appearance of attorney Mary Beth Hickcox-Howard is hereby withdrawn. Signed by Judge Randolph D. Moss on 09/11/2020. (lcrdm3)

Sept. 11, 2020

Sept. 11, 2020

PACER

Order on Motion to Withdraw as Attorney

Sept. 11, 2020

Sept. 11, 2020

PACER
101

MOTION to Withdraw as Attorney (Scott G. Stewart) by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, KIRSTJEN 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, L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KIRSTJEN 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 Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Reuveni, Erez) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
102

MOTION to Withdraw as Attorney by Kathryne M. Gray by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, KIRSTJEN 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, L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KIRSTJEN 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)Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Gray, Kathryne) (Entered: 02/01/2021)

1 Text of Proposed Order

View on PACER

Feb. 1, 2021

Feb. 1, 2021

PACER

MINUTE ORDER: Upon consideration of the motions to withdraw as attorney, Dkt. 100, Dkt. 101, it is hereby ORDERED that the motions are GRANTED. It is further ORDERED that the appearance of attorneys Scott G. Stewart and Kathryne M. Gray are hereby withdrawn. Signed by Judge Randolph D. Moss on 2/2/2021. (lcrdm3)

Feb. 2, 2021

Feb. 2, 2021

PACER

Order on Motion to Withdraw as Attorney AND Order on Motion to Withdraw as Attorney

Feb. 2, 2021

Feb. 2, 2021

PACER
103

MOTION to Withdraw as Attorney P. Stottlemyer as Counsel for Plaintiffs by A.V., C.A., D.S., G.Z., K.S., O.A.. (Stottlemyer, Patricia) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER

MINUTE ORDER: Upon consideration of Patricia Stottlemyer's motion to withdraw, Dkt. 103, it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 08/15/2021. (lcrdm3)

Aug. 15, 2021

Aug. 15, 2021

PACER

Order on Motion to Withdraw as Attorney

Aug. 15, 2021

Aug. 15, 2021

PACER
104

NOTICE OF WITHDRAWAL OF APPEARANCE as to 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.. Attorney Thomas P. Schmidt terminated. (Schmidt, Thomas) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
105

MANDATE of USCA as to 96 Notice of Appeal to DC Circuit Court,,, filed by KEVIN K. MCALEENAN, KIRSTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CUSTOMS AND BORDER PROTECTION, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. DEPARTMENT OF JUSTICE, RONALD D. VITIELLO, JOHN LAFFERTY, MATTHEW G. WHITAKER, L. FRANCIS CISSNA, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT ; USCA Case Number 19-5272. (Attachments: # 1 USCA Order 11/1/2023)(znmw) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

PACER

.Order

Dec. 3, 2023

Dec. 3, 2023

PACER

MINUTE ORDER: In light of the issuance of the D.C. Circuit's mandate in this case, Dkt. 105, the Clerk of Court is hereby directed to terminate this case. Signed by Judge Randolph D. Moss on 12/3/2023. (lcrdm3)

Dec. 3, 2023

Dec. 3, 2023

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 1.0: Challenges to the Government

Key Dates

Filing Date: Nov. 20, 2018

Closing Date: Dec. 3, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Six non-citizens seeking asylum in the U.S., representing themselves and a class of asylum seekers.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Human Rights First

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Homeland Security (- United States (national) -), Federal

Defendant Type(s):

Law-enforcement

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

Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General/Misc.:

International law

Discrimination Basis:

Immigration status

National origin discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Border police

Border wall

Refugees