Case: S.M.S.R. v. Trump

1:18-cv-02838 | U.S. District Court for the District of Columbia

Filed Date: Dec. 3, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 3, 2018, the Capital Area Immigrants’ Rights Coalition (CAIR Coalition), the Refugee and Immigrant Center for Education and Legal Services (RAICES), and two individual asylum seeking filed this class action lawsuit against the federal government in the District Court for the District of Columbia. The lawsuit challenged the federal government's latest asylum policy prohibiting people who enter the U.S. along the southern border somewhere other than a designated port of entry from obt…

On December 3, 2018, the Capital Area Immigrants’ Rights Coalition (CAIR Coalition), the Refugee and Immigrant Center for Education and Legal Services (RAICES), and two individual asylum seeking filed this class action lawsuit against the federal government in the District Court for the District of Columbia. The lawsuit challenged the federal government's latest asylum policy prohibiting people who enter the U.S. along the southern border somewhere other than a designated port of entry from obtaining asylum. Specifically, the plaintiffs challenged an interim final rule promulgated on Nov. 9, 2018 declaring all those subject to a presidential proclamation concerning the southern border ineligible for asylum, as well as President Trump’s proclamation signed the same day suspending entry of all people entering the U.S. without inspection at the southern border. The plaintiffs claimed the rule and proclamation violated the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA), the Fifth Amendment Due Process Clause, and the Trafficking Victims Protection Reauthorization Act. They sought declaratory relief, as well as a temporary restraining order followed by a nationwide preliminary injunction against the enforcement and implementation of the rule and proclamation.

The plaintiffs also sought class certification on behalf of a proposed nationwide class under Federal Rules of Civil Procedure 23(b)(2) and 23(c)(4), consisting of all noncitizen who have entered or will enter the U.S. through the southern border but outside ports of entry at any time on or after Nov. 9, 2018.

The case was assigned to Judge Randolph D. Moss and marked as related to O.A. v. Trump. On December 17, the court held a hearing on the plaintiffs’ motion for a TRO and preliminary injunction and consolidated the case with O.A. v. Trump, designating O.A. v. Trump as the lead case. On December 18, the plaintiffs filed an amended complaint listing seven additional asylum seekers as lead plaintiffs. The remainder of this case’s activity can be found at O.A. v. Trump.

Summary Authors

Eva Richardson (8/7/2019)

Related Cases

O.A. v. Trump, District of Columbia (2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/8345530/parties/smsr-v-trump/


Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorneys(s) for Plaintiff

Bernick, Justin W. (District of Columbia)

Best, Zachary W. (District of Columbia)

Doebbler, Curtis FJ (New York)

Govindaiah, Manoj Gorantla (Florida)

Hagerty, Elizabeth (District of Columbia)

Hoover, Craig Alan (District of Columbia)

Katyal, Neal Kumar (District of Columbia)

Reich, Mitchell P. (District of Columbia)

Schmidt, Thomas P. (New York)

Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorneys(s) for Plaintiff

Bernick, Justin W. (District of Columbia)

Best, Zachary W. (District of Columbia)

Doebbler, Curtis FJ (New York)

Govindaiah, Manoj Gorantla (Florida)

Hagerty, Elizabeth (District of Columbia)

Hoover, Craig Alan (District of Columbia)

Katyal, Neal Kumar (District of Columbia)

Reich, Mitchell P. (District of Columbia)

Schmidt, Thomas P. (New York)

Sinzdak, Colleen Roh (District of Columbia)

Welborn, Kaitlin (District of Columbia)

Weymouth, Theodore Clark (District of Columbia)

Attorneys(s) for Defendant

Darrow, Joseph A. (District of Columbia)

Gray, Kathryne M. (District of Columbia)

Reuveni, Erez (District of Columbia)

Stewart, Scott Grant (District of Columbia)

York, Thomas Benton (District of Columbia)

Other Attorney(s)

Pearsall, Patrick William (District of Columbia)

Yeldandi, Vaishalee V. (Illinois)

Documents in the Clearinghouse

Document

1:18-cv-02838

Docket [PACER]

March 29, 2019

March 29, 2019

Docket
3

1:18-cv-02838

Complaint

Dec. 3, 2018

Dec. 3, 2018

Complaint
49

1:18-cv-02838

Amended Class Complaint for Declaratory and Injunctive Relief

Dec. 18, 2018

Dec. 18, 2018

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8345530/smsr-v-trump/

Last updated Aug. 7, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

MOTION to Proceed Under Pseudonym by R.S.P.S., S.M.S.R. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(jf) (Entered: 12/04/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
2

MEMORANDUM and ORDER granting 1 Motion for Leave to Proceed Under Pseudonym. Signed by Chief Judge Beryl A. Howell on 12/03/2018. (See Order for Full Details) (jf) (Entered: 12/04/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
3

COMPLAINT against 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 JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER ( Filing fee $ 400, receipt number 4616095731) with Jury Demand filed 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 Civil Cover Sheet)(jf) (Entered: 12/04/2018)

1 Civil Cover Sheet

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Dec. 3, 2018

Dec. 3, 2018

RECAP

SUMMONS Not Issued as to 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 JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER (jf)

Dec. 3, 2018

Dec. 3, 2018

PACER
4

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 18-2718. (jf) (Entered: 12/04/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
5

SEALED Declarations filed by R.S.P.S., S.M.S.R.. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declarations of R.S.P.S and S.M.S.R.)(zjf) (Entered: 12/04/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
6

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction 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 Memorandum in Support, # 2 Rule 65.1, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Text of Proposed Order)(jf) (Entered: 12/04/2018)

1 Memorandum in Support

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2 Rule 65.1

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Text of Proposed Order

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Dec. 3, 2018

Dec. 3, 2018

PACER
7

MOTION for Expedited Hearing 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 Text of Proposed Order)(jf) (Entered: 12/04/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' motion for expedited hearing, Dkt. 7, it is hereby ORDERED that the parties shall appear for a hearing on Plaintiffs' TRO Motion at 10:00 a.m. on December 17, 2018, in Courtroom 21. It is further ORDERED that the parties shall meet and confer and submit a joint proposed briefing schedule for Plaintiffs' TRO motion before 7:00 p.m. today. Signed by Judge Randolph D. Moss on 12/4/2018. (lcrdm1, )

Dec. 4, 2018

Dec. 4, 2018

PACER
8

NOTICE of Appearance by Elizabeth Hagerty on behalf of All Plaintiffs (Hagerty, Elizabeth) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER

Set/Reset Hearings: Motion Hearing set for 12/17/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

Dec. 4, 2018

Dec. 4, 2018

PACER
9

NOTICE of Appearance by Kaitlin Welborn on behalf of All Plaintiffs (Welborn, Kaitlin) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
10

SUMMONS (14) Issued Electronically as to 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 JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER, U.S. Attorney. (Attachments: # 1 Notice and Consent) (zmd) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
11

NOTICE of Appearance by Craig Alan Hoover on behalf of All Plaintiffs (Hoover, Craig) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
12

PROPOSED BRIEFING SCHEDULE on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, R.S.P.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., S.M.S.R.. (Bernick, Justin) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER

MINUTE ORDER: Upon consideration of the parties' joint proposed briefing schedule, Dkt. 12, it is hereby ORDERED that the Defendants shall file their opposition brief no later than 5:00 p.m. on December 12, 2018, and Plaintiffs shall file their reply on or before December 14, 2018. Signed by Judge Randolph D. Moss on 12/4/2018. (lcrdm1, )

Dec. 4, 2018

Dec. 4, 2018

PACER

Set/Reset Deadlines: Defendants shall file their opposition brief no later than 5:00 p.m. on 12/12/2018; Plaintiffs shall file their reply on or before 12/14/2018. (kt)

Dec. 4, 2018

Dec. 4, 2018

PACER
13

NOTICE of Appearance by Erez Reuveni on behalf of All Defendants (Reuveni, Erez) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
14

NOTICE of Appearance by Justin Bernick on behalf of All Plaintiffs (Bernick, Justin) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
15

NOTICE of Appearance by Zachary W. H. Best on behalf of All Plaintiffs (Best, Zachary) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
16

NOTICE of Appearance by Neal Kumar Katyal on behalf of All Plaintiffs (Katyal, Neal) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
17

NOTICE of Appearance by T. Clark Weymouth on behalf of All Plaintiffs (Weymouth, T.) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
18

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 12/6/2018. (lcrdm1, ) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
19

NOTICE of Appearance by Thomas Benton York on behalf of All Defendants (York, Thomas) (Main Document 19 replaced on 12/10/2018) (znmw). (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
20

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas P. Schmidt, :Firm- Hogan Lovells US LLP, :Address- 875 Third Avenue, New York, NY 10022. Phone No. - 212-918-5547. Fax No. - 212-918-3100 Filing fee $ 100, receipt number 0090-5827741. 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. (Hagerty, Elizabeth) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER

MINUTE ORDER: Upon consideration of the motion for leave to appear pro hac vice, Dkt. 20, it is hereby ORDERED that the motion is GRANTED. Thomas P. Schmidt 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
21

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION (Hagerty, Elizabeth) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
22

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (Hagerty, Elizabeth) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
23

NOTICE of Appearance by Manoj Gorantla Govindaiah on behalf of REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (Govindaiah, Manoj) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
24

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mitchell P. Reich, :Firm- Hogan Lovells US LLP, :Address- 555 Thirteenth Street NW. Phone No. - 202-637-5833. Fax No. - 202-637-5910 Filing fee $ 100, receipt number 0090-5831553. 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. (Hagerty, Elizabeth) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
25

NOTICE of Appearance by Patrick William Pearsall on behalf of OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (Pearsall, Patrick) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
26

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Vaishalee 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 0090-5831694. Fee Status: Fee Paid. by OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (Pearsall, Patrick) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
27

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: 12/10/2018)

Dec. 10, 2018

Dec. 10, 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. 27, the motion is hereby GRANTED. The brief, Dkt. [27-1], shall be deemed FILED. Signed by Judge Randolph D. Moss on 12/11/2018. (lcrdm1, )

Dec. 11, 2018

Dec. 11, 2018

PACER

MINUTE ORDER: Upon consideration of the motion for leave to appear pro hac vice, Dkt. 26, it is hereby ORDERED that the motion is GRANTED. Vaishalee Yeldandi is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 12/11/2018. (lcrdm1, )

Dec. 11, 2018

Dec. 11, 2018

PACER

MINUTE ORDER: Upon consideration of the motion for admission pro hac vice 24, the motion is hereby GRANTED in part and DENIED in part. Because Mitchell P. Reich indicates that he maintains his office at 555 Thirteenth Street, NW, Washington, DC, 20004, he may be heard in open court but may not file papers in this court. See Local Civil Rule 83.2(c)(2) ("An attorney who engages in the practice of law from an office located in the District of Columbia must be a member of the District of Columbia Bar and the Bar of this Court to file papers in this Court."). Signed by Judge Randolph D. Moss on 12/11/2018. (lcrdm1, )

Dec. 11, 2018

Dec. 11, 2018

PACER
29

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

Dec. 11, 2018

Dec. 11, 2018

PACER
28

NOTICE of Appearance by Joseph Anton Darrow on behalf of All Defendants (Darrow, Joseph) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
30

NOTICE of Appearance by Kathryne Marie Gray on behalf of All Defendants (Gray, Kathryne) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
31

RESPONSE re 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction 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 JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER. (Attachments: # 1 Exhibit A - Scott Declaration, # 2 Text of Proposed Order Proposed Order)(Darrow, Joseph) (Entered: 12/12/2018)

1 Exhibit A - Scott Declaration

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2 Text of Proposed Order Proposed Order

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Dec. 12, 2018

Dec. 12, 2018

PACER
32

Amended MOTION for Leave to Appear Pro Hac Vice of Mitchell P. Reich by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, R.S.P.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., S.M.S.R. (Hagerty, Elizabeth) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER

MINUTE ORDER: Upon consideration of the amended motion for leave to appear pro hac vice, Dkt. 32, it is hereby ORDERED that the motion is GRANTED. Mitchell P. Reich is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 12/14/2018. (lcrdm1, )

Dec. 14, 2018

Dec. 14, 2018

PACER
33

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

Dec. 14, 2018

Dec. 14, 2018

PACER
34

REPLY to opposition to motion re 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed 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 Ex. 1, Decl. of K. Welborn, # 2 Certificate of Service)(Bernick, Justin) (Entered: 12/14/2018)

1 Declaration Ex. 1, Decl. of K. Welborn

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2 Certificate of Service

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Dec. 14, 2018

Dec. 14, 2018

PACER
35

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/10/2018. Answer due for ALL FEDERAL DEFENDANTS by 2/8/2019. (Hagerty, Elizabeth) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
36

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 12/10/2018 (Hagerty, Elizabeth) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
37

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/10/18. (Hagerty, Elizabeth) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
38

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KRISTJEN M. NIELSEN served on 12/10/2018 (Hagerty, Elizabeth) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

RECAP
39

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. L. FRANCIS CISSNA served on 12/10/2018 (Hagerty, Elizabeth) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
40

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KEVIN K. MCALEENAN served on 12/10/2018 (Hagerty, Elizabeth) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
41

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RONALD D. VITIELLO served on 12/10/2018 (Hagerty, Elizabeth) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
42

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JAMES MCHENRY served on 12/10/2018 (Hagerty, Elizabeth) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
43

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 12/10/2018 (Hagerty, Elizabeth) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
44

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 12/10/2018 (Hagerty, Elizabeth) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
45

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CITIZENSHIP AND IMMIGRATION SERVICES served on 12/10/2018 (Hagerty, Elizabeth) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
46

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 12/10/2018 (Hagerty, Elizabeth) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
47

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION AND CUSTOM ENFORCEMENT served on 12/10/2018 (Hagerty, Elizabeth) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER
48

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW served on 12/7/2018 (Hagerty, Elizabeth) (Entered: 12/15/2018)

Dec. 15, 2018

Dec. 15, 2018

PACER

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 REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., R.S.P.S., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, S.M.S.R. The 6 Motion is HELD IN ABEYANCE. The Court ORDERS that this case be CONSOLIDATED with case no. 18cv2718, and that case no. 18cv2718 be 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)

Dec. 17, 2018

Dec. 17, 2018

PACER

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, )

Dec. 17, 2018

Dec. 17, 2018

PACER

Case consolidated pursuant to Minute Entry filed 12/17/18. The Court ORDERS that this case be CONSOLIDATED with case no. 18cv2718, and that case no. 18cv2718 be designated as the lead case. The parties are advised NOT to select the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing and emails. All parties have been added to the lead case no. 18cv2718 RDM. (ztd)

Dec. 17, 2018

Dec. 17, 2018

PACER
49

ENTERED IN ERROR. . . . .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) Modified on 12/19/2018 (ztd). (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER

NOTICE OF ERROR re 49 Amended Complaint; emailed to justin.bernick@hoganlovells.com, cc'd 18 associated attorneys -- The PDF file you docketed contained errors: 1. All filings should ONLY be made in the lead case no. 18cv2718. (ztd, )

Dec. 19, 2018

Dec. 19, 2018

PACER
50

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)

Feb. 15, 2019

Feb. 15, 2019

PACER
51

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)

Feb. 25, 2019

Feb. 25, 2019

PACER

NOTICE OF ERROR re 51 Memorandum in Opposition; emailed to joseph.a.darrow@usdoj.gov, cc'd 20 associated attorneys -- The PDF file you docketed contained errors: 1. FYI: See Court's Order of 12/17/18. In consolidated cases, unless specified, all documents are only filed in the lead case and should not be spread to the member cases. (ztd, )

Feb. 26, 2019

Feb. 26, 2019

PACER
52

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)

March 13, 2019

March 13, 2019

PACER
53

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)

March 29, 2019

March 29, 2019

PACER
54

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

PACER
55

SUPPLEMENTAL MEMORANDUM to 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) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER
56

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)

July 31, 2019

July 31, 2019

PACER
57

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

PACER
58

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

PACER
59

ENTERED IN ERROR. . . . .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) Modified on 10/1/2019 (ztd). (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 59 Notice of Appeal to DC Circuit Court,,, was entered in error. Document was filed in the lead case and Court's order is in the lead case. (ztd)

Sept. 30, 2019

Sept. 30, 2019

PACER

Notice of Corrected Docket Entry

Oct. 1, 2019

Oct. 1, 2019

PACER
60

Withdraw as Attorney

Jan. 15, 2021

Jan. 15, 2021

PACER
61

Withdraw as Attorney

Jan. 15, 2021

Jan. 15, 2021

PACER

Notice of Corrected Docket Entry

Jan. 15, 2021

Jan. 15, 2021

PACER
62

Withdraw as Attorney

Feb. 1, 2021

Feb. 1, 2021

PACER

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

Feb. 2, 2021

Feb. 2, 2021

PACER
63

Notice of Withdrawal of Appearance

May 20, 2022

May 20, 2022

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 3, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two immigrants' rights nonprofits and two noncitizens seeking asylum in the U.S.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

United States, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

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

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Discrimination-basis:

Immigration status

National origin discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Border police

Border wall

Refugees

National Origin/Ethnicity:

Hispanic