Case: J.E.C.M. v. Lloyd

1:18-cv-00903 | U.S. District Court for the Eastern District of Virginia

Filed Date: July 20, 2018

Closed Date: Sept. 5, 2023

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Case Summary

This case concerns U.S. immigration and family reunification policies. A group of Honduran and Guatemalan minors, guardians, and sponsors filed this class action lawsuit in the U.S. District Court for the Eastern District of Virginia on July 20, 2018. The plaintiffs sued the Office of Refugee Resettlement (“ORR”), U.S. Customs and Border Protection (“CBP”), the Shenandoah Valley Juvenile Center (“SVJC”), Youth for Tomorrow, and other contractors supporting immigration enforcement under the Traf…

This case concerns U.S. immigration and family reunification policies.

A group of Honduran and Guatemalan minors, guardians, and sponsors filed this class action lawsuit in the U.S. District Court for the Eastern District of Virginia on July 20, 2018. The plaintiffs sued the Office of Refugee Resettlement (“ORR”), U.S. Customs and Border Protection (“CBP”), the Shenandoah Valley Juvenile Center (“SVJC”), Youth for Tomorrow, and other contractors supporting immigration enforcement under the Trafficking Victims Protection Reauthorization Act (“TVPRA”), 8 U.S.C. § 1232, and the Administrative Procedure Act (“APA”), 5 U.S.C. § 551. The plaintiffs also petitioned for writs of habeas corpus. They alleged that the defendants’ separation of children from their families for extended periods of time violated the TVPRA, the APA, and the Fifth Amendment’s Due Process Clause. In their complaint, the plaintiffs also pointed to a Memorandum of Agreement (“MOA”) signed by ORR, CBP, and Immigrations and Customs Enforcement (ICE) on April 13, 2018. In the MOA, ORR agreed to provide CBP and ICE information that it learned about sponsors and their households through the reunification process; the plaintiffs alleged that this information sharing, which was supposedly meant to facilitate better household placement, was really meant to help ICE arrest undocumented people. Represented by the Legal Aid Justice Center, Southern Poverty Law Center, and private counsel, the plaintiffs sought declaratory relief and the immediate release of unlawfully detained children. The case was assigned to U.S. District Judge Leonie M. Brinkema.

The plaintiffs raised six claims. The first three claims alleged that the ORR’s procedures for family reunification applications violated the TVPRA and the plaintiffs’ Fifth Amendment rights to substantive and procedural due process. The next two claims related to ORR’s policy of requesting biological and biometric information from family members seeking reunification. The plaintiffs alleged that this policy deterred potential sponsors from filing family reunification applications, due to fear of immigration consequences. They also claimed this policy violated the APA for failure to comply with notice-and-comment rulemaking and because it was arbitrary and capricious. The final claim sought habeas relief under 28 U.S.C. § 2241(c).

The complaint alleged that minor plaintiffs had fled their home countries for fear of persecution or after the death of a family member, and were apprehended by CBP. Two of the four minor plaintiffs were separated from siblings who had fled with them. The other two plaintiffs were placed in ORR custody–one was sent to Youth for Tomorrow, and the other was transferred to SVJC (a Walmart-turned-detention-center). All plaintiffs were held for six months or more before being reunited with their families.

The plaintiffs filed a second amended complaint and a motion to seal on August 16, 2018. This motion was granted, which means that many of the files related to this case, including the initial complaint, additional complaints, and several motions, are unavailable for public access. The information in this summary comes from those filings that are publicly available.

On September 21, 2018, the defendants moved to dismiss the amended complaint for lack of jurisdiction and failure to state a claim. The court partially granted this motion two months later, on November 15. Judge Brinkema dismissed as moot the claims of three individual plaintiffs who had, at the time of the motion, been released from ORR’s custody. The court also granted the defendants’ motion to dismiss the substantive due process claims. However, the court allowed the APA, TVPRA, and procedural due process claims to proceed. 352 F. Supp. 3d 559.

The plaintiffs filed a third amended complaint on February 22, 2019 and moved for class certification on March 4, 2019. The defendants filed another motion to dismiss the amended complaint for lack of jurisdiction on March 14, 2019, which the court granted five days later. Judge Brinkema dismissed the individual claims of all the plaintiffs as moot because none of the named plaintiffs were still in custody, but the class claims remained.

The court certified two classes on April 26, 2019. First, the court certified a “Minor Class” of “All children designated as unaccompanied [undocumented] minors who (a) were, are being, or will be held in the custody of the ORR anywhere in Virginia at any date on or after July 20, 2018, and (b) have been or will be held in ORR custody for 60 days or more.”

Second, the court certified a “Sponsor Class” of “All individuals, anywhere in the United States, who (a) have initiated the process to sponsor a member of the Minor Class (b) as a Category 1 or Category 2 sponsor (c) by either (i) returning a family reunification packet to ORR or to an ORR-contracted caseworker of their desire or willingness to sponsor the Minor Class member (d) to whom the Minor Class member has not been released.”

The parties conducted discovery over the following months.

Both the plaintiffs and the defendants filed motions for summary judgment on September 16 and October 16, 2019, respectively. The plaintiffs then moved for a temporary restraining order (“TRO”) on May 6, 2020. Two days later, the court denied the proposed TRO without prejudice.

On March 17, 2021, the court held both parties’ motions for summary judgment in abeyance. The U.S. Department of Health and Human Services and the U.S. Department of Homeland Security had issued a new memorandum terminating the April 2018 MOA. The new memorandum recognized that the April 2018 MOA’s biometric-data-sharing policy “undermined the interests of children and had a chilling effect on potential sponsors.” Because the April 2018 MOA was central to this case, the court gave the parties time to respond.

Later that year, on June 15, the plaintiffs moved to voluntarily dismiss claims related to the now-terminated April 2018 MOA. This included the entire notice-and-comment claim and parts of the arbitrary and capricious, due process, and TVPRA claims. The court dismissed the claims on June 16, 2021.

On March 25, 2022, the court consolidated the remaining counts into a single issue: did ORR’s current reunification policy, “insofar as that policy allowed no notice and hearing for discretionary decisions that delay reunification after a child has been in custody for 60 days or more,” violate the plaintiffs’ Fifth Amendment due process rights?

The court heard oral argument on the remaining issue on April 29, 2022. For the reasons stated in open court, Judge Brinkema returned the cross-motions for summary judgment back to the court’s active docket.

On August 29, 2023, the court granted summary judgment for the defendants. Judge Brinkema recognized that the minor plaintiffs had constitutionally cognizable interests in family unity and being free from institutional restraints. However, the court held that the Due Process Clause did not require changes to ORR’s procedures. The plaintiffs had requested that ORR be required to provide notice and a formal review process for denials of sponsorship applications and after an application has been unresolved for 60 days. The court held that the existing denial notice procedure, which involved notice to the sponsor but not the child, was sufficient, and noted that denials could be based on “sensitive” grounds like the sponsor’s criminal history or unwillingness to take care of the child. Further, the court found that the current review process, by a neutral factfinder, was sufficient. Next, the court held that notice and review after 60 days was unnecessary and perhaps counter-productive, as a formal review process at 60 days could actually prolong the time unaccompanied children were in custody. Therefore, the court held that the current procedure, which involved a review after 90 days, was sufficient. Finally, the court denied the plaintiffs’ request that ORR include among its reunification assessment criteria “the harm to the child’s [well-being] of continued federal custody.” The court held that this factor might prevent ORR from properly investigating sponsors to make sure children were going to safe homes. Judge Brinkema’s analysis relied significantly on Lucas R. v. Becerra, a recent case with similar facts from the Central District of California (2022 WL 2177454). 689 F.Supp.3d 180.

This case is now closed.

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Summary Authors

Elizabeth Helpling (10/10/2019)

Eric Gripp (7/19/2021)

Sophia Acker (4/8/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7501423/parties/jecm-v-lloyd/

Judge(s)

Brinkema, Leonie M. (Virginia)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Bezos, Salvador Manuel (District of Columbia)

Attorney for Defendant

Barghaan, Dennis Carl (Virginia)

Botkins, Jason (Virginia)

Expert/Monitor/Master/Other

Judge(s)

Brinkema, Leonie M. (Virginia)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Bezos, Salvador Manuel (District of Columbia)

Ciolfi, Angela A. (Virginia)

Donovan, Kristin Fisher (Virginia)

Draper, Saira (Georgia)

Gregg, Sophia Leticia (Virginia)

Lopez, Luz Virginia (Georgia)

Rivera, Laura G. (Georgia)

Rozendaal, John Christopher (District of Columbia)

Sandoval-Moshenberg, Simon (Virginia)

Warner, Granville Clayton (Virginia)

Wolozin, Rebecca Ruth (Virginia)

Attorney for Defendant

Barghaan, Dennis Carl (Virginia)

Botkins, Jason (Virginia)

Flores, John Robert (Virginia)

Hall, Jeffery A. (Virginia)

Lucier, Jonathan Tyler (Virginia)

Yang, Catherine M. (Virginia)

Expert/Monitor/Master/Other

Everard, Joshua S. (Virginia)

Glenn, Dallin George (Virginia)

Lange, Perry Andrew (District of Columbia)

Sr, John R (Virginia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:18-cv-00903	Docket [PACER]	June 3, 2021	June 3, 2021 Docket
60 1:18-cv-00903	Memorandum Opinion	Nov. 15, 2018	Nov. 15, 2018 Order/Opinion 353 F.Supp.3d 559
72-1 1:18-cv-00903	Third Amended Class Action Complaint	Jan. 18, 2019	Jan. 18, 2019 Complaint
138 1:18-cv-00903	Order J.E.C.M. v. Hayes	April 26, 2019	April 26, 2019 Order/Opinion
323 1:18-cv-00903	Order J.E.C.M v. Huang	March 17, 2021	March 17, 2021 Order/Opinion
341 1:18-cv-00903	Order J.E.C.M. v. Huang	March 25, 2022	March 25, 2022 Order/Opinion
370 1:18-cv-00903	Memorandum Opinion	Aug. 29, 2023	Aug. 29, 2023 Order/Opinion 689 F.Supp.3d 180

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/7501423/jecm-v-lloyd/

Last updated July 6, 2025, 10:51 p.m.

ECF Number	Description	Date	Link Date / Link
1	PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0422-6187464.), filed by J.E.C.M., Jose Jiminez Saravia. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(dvanm, ) (Entered: 07/20/2018)	July 20, 2018	July 20, 2018 PACER
	Set Motion and R&R Deadlines/Hearings	July 20, 2018	July 20, 2018 PACER
2	NOTICE of Appearance by Simon Yehuda Sandoval-Moshenberg on behalf of J.E.C.M., Jose Jiminez Saravia (Sandoval-Moshenberg, Simon) (Entered: 07/20/2018)	July 20, 2018	July 20, 2018 PACER
3	ORDER TO SHOW CAUSE; ORDER of Service (2241) upon respondents. Given J.E.C.M.'s young age and the length of time he has spent in custody, it is hereby ORDERED that respondents SHOW CAUSE by Friday, July 27, 2018 why the habeas corpus petition should not be granted; and it is further ORDERED that any reply to respondents' brief be filed by Tuesday, July 31, 2018; and it is further ORDERED that the parties appear for a hearing on the habeas corpus petition at 9:30 a.m. on Thursday, August 2, 2018. Signed by District Judge Leonie M. Brinkema on 07/20/2018. (c/s to USAO)(dvanm, ) (Entered: 07/20/2018)	July 20, 2018	July 20, 2018 RECAP
	Set Deadlines as to Hearing set for 8/2/2018 at 09:30 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (see order 3 ) (dvanm, )	July 20, 2018	July 20, 2018 PACER
4	AMENDED Petition and Class Action Complaint against Alex Azar, Natasha David, Scott Lloyd, Johnitha McNair, Steven Wagner, filed by J.E.C.M., Jose Jiminez Saravia. (Attachments: # 1 Exhibit SWK Discharge Notification, # 2 Exhibit SCH Discharge Notification, # 3 Exhibit ORR Notification to ICE CC, # 4 Exhibit Memorandum of Agreement, # 5 Exhibit Sponsor Reunification Packet, # 6 Exhibit ORR Policy Guide, # 7 Exhibit ORR Record of Posting and Revision Dates)(Wolozin, Rebecca) (Entered: 07/21/2018)	July 21, 2018	July 21, 2018 PACER
5	MOTION to Certify Class by J.E.C.M., Jose Jiminez Saravia. (Wolozin, Rebecca) (Entered: 07/21/2018)	July 21, 2018	July 21, 2018 PACER
6	Memorandum in Support re 5 MOTION to Certify Class filed by J.E.C.M., Jose Jiminez Saravia. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Wolozin, Rebecca) (Entered: 07/21/2018)	July 21, 2018	July 21, 2018 PACER
7	Notice of Hearing Date set for August 2, 2018 re 5 MOTION to Certify Class (Wolozin, Rebecca) (Entered: 07/21/2018)	July 21, 2018	July 21, 2018 PACER
	Set Deadline as to 5 MOTION to Certify Class. Motion Hearing set for 8/2/2018 at 09:30 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (jlan)	July 23, 2018	July 23, 2018 PACER
	Set Motion and R&R Deadlines/Hearings	July 23, 2018	July 23, 2018 PACER
8	NOTICE of Appearance by John Christopher Rozendaal on behalf of J.E.C.M., Jose Jiminez Saravia (Rozendaal, John) (Entered: 07/23/2018)	July 23, 2018	July 23, 2018 PACER
9	NOTICE of Appearance by Salvador Manuel Bezos on behalf of J.E.C.M., Jose Jiminez Saravia (Bezos, Salvador) (Entered: 07/23/2018)	July 23, 2018	July 23, 2018 PACER
10	Notice of Hearing Date re 5 MOTION to Certify Class (Wolozin, Rebecca) (Entered: 07/24/2018)	July 24, 2018	July 24, 2018 PACER
11	MOTION for Extension of Time to Respond to Petitioner's Habeas Petition by Alex Azar, Natasha David, Scott Lloyd, Johnitha McNair, Steven Wagner. (Attachments: # 1 Proposed Order)(Yang, Catherine) (Entered: 07/24/2018)	July 24, 2018	July 24, 2018 PACER
12	ORDER granting 11 Motion for Extension of Time to File; and it is further ORDERED that Respondents show cause by Monday, July 30, 2018 at 5:00 p.m. why the habeas petition should not be granted, and that any reply to Respondents' brief be filed by Wednesday, August 1, 2018. Signed by District Judge Leonie M. Brinkema on 07/24/2018. (dvanm, ) (Entered: 07/24/2018)	July 24, 2018	July 24, 2018 PACER
	Reset Deadlines as to 5 MOTION to Certify Class . Motion Hearing set for 8/31/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (klau, )	July 25, 2018	July 25, 2018 PACER
	Set Motion and R&R Deadlines/Hearings	July 25, 2018	July 25, 2018 PACER
13	NOTICE by Alex Azar, Natasha David, Scott Lloyd, Johnitha McNair, Steven Wagner (Joint) (Barghaan, Dennis) (Entered: 07/27/2018)	July 27, 2018	July 27, 2018 PACER
14	ORDERED that the briefing schedule related to the Court's Order to Show Cause 3 be and is VACATED; that the hearing on the habeas corpus petition currently scheduled for 9:30 a.m. on Thursday, 8/2/2018 be and is CANCELED; that petitioners immediately advise the Court what, if any issues remain to be resolved in the current lawsuit and, specifically, whether the current lawsuit is moot in light of the apparent resolution of all issues related to the only named petitioners. Signed by District Judge Leonie M. Brinkema on 7/30/2018. (rban, ) (Entered: 07/30/2018)	July 30, 2018	July 30, 2018 PACER
15	NOTICE by J.E.C.M., Jose Jiminez Saravia re 14 Order,, Notice Regarding Non-Mootness (Wolozin, Rebecca) (Entered: 07/30/2018)	July 30, 2018	July 30, 2018 PACER
16	Proposed Summons re 4 Amended Petition,, by J.E.C.M., Jose Jiminez Saravia. (Wolozin, Rebecca) (Entered: 07/31/2018)	July 31, 2018	July 31, 2018 PACER
17	Joint MOTION for Briefing Schedule by Alex Azar, Natasha David, Scott Lloyd, Johnitha McNair, Steven Wagner. (Attachments: # 1 Proposed Order)(Yang, Catherine) (Entered: 08/03/2018)	Aug. 3, 2018	Aug. 3, 2018 PACER
	Set Motion and R&R Deadlines/Hearings	Aug. 3, 2018	Aug. 3, 2018 PACER
18	ORDER granting in part 17 Motion for Briefing Schedule. ORDERED that respondents file their opposition to petitioner's Motion for Class Certification on or before 8/10/2018; that petitioners file their reply in support of their Motion for Class Certification on or before 8/20/2018; that the hearing on petitioners' Motion for Class Certification 5 be and is CONTINUED from 8/31/2018 until 9/7/2018 at 10 a.m. Signed by District Judge Leonie M. Brinkema on 8/3/2018. (rban, ) (Entered: 08/03/2018)	Aug. 3, 2018	Aug. 3, 2018 PACER
	Set/Reset Deadlines as to 5 MOTION to Certify Class . Responses due by 8/10/2018 Replies due by 8/20/2018. Motion Hearing set for 9/7/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (rban, )	Aug. 3, 2018	Aug. 3, 2018 PACER
19	Memorandum in Opposition re 5 MOTION to Certify Class filed by Alex Azar, Natasha David, Scott Lloyd, Johnitha McNair, Steven Wagner. (Attachments: # 1 DEX A)(Yang, Catherine) (Entered: 08/10/2018)	Aug. 10, 2018	Aug. 10, 2018 PACER
20	ORDER - The parties having agreed upon the filing of a Second Amended Complaint and a briefing schedule in this matter, and for good cause shown, the court hereby ORDERS as follows: 1. By consent of all parties, Petitioners may file a Second Amended Complaint on August 16, 2018. Signed by District Judge Leonie M. Brinkema on 08/16/2018. (see order for full details)(dvanm, ) (Entered: 08/16/2018)	Aug. 16, 2018	Aug. 16, 2018 PACER
21	AMENDED COMPLAINT Second Amended Class Action Complaint and Petition for a Writ of Habeas Corpus against Alex Azar, Natasha David, Scott Lloyd, Johnitha McNair, Steven Wagner, filed by J.E.C.M., Jose Jiminez Saravia. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Wolozin, Rebecca) (Entered: 08/16/2018)	Aug. 16, 2018	Aug. 16, 2018 PACER
22	MOTION to Seal by J.E.C.M., Jose Jiminez Saravia. (Attachments: # 1 Proposed Order)(Wolozin, Rebecca) (Entered: 08/16/2018)	Aug. 16, 2018	Aug. 16, 2018 PACER
23	Memorandum in Support re 22 MOTION to Seal filed by J.E.C.M., Jose Jiminez Saravia. (Wolozin, Rebecca) (Entered: 08/16/2018)	Aug. 16, 2018	Aug. 16, 2018 PACER
24	Waiver of re 22 MOTION to Seal Notice of Waiver of Oral Argument by J.E.C.M., Jose Jiminez Saravia (Wolozin, Rebecca) (Entered: 08/16/2018)	Aug. 16, 2018	Aug. 16, 2018 PACER
	Notice of Correction re 22 MOTION to Seal . The filing user has been notified to file the Local Civil Rule 5(B) Notice. (dvanm, )	Aug. 17, 2018	Aug. 17, 2018 PACER
	Notice of Correction	Aug. 17, 2018	Aug. 17, 2018 PACER
25	Notice of Under Seal Filing LCvR5 (B) by B.G.S.S., J.E.C.M., K.T.M., R.A.I., Jose Jiminez Saravia re 22 MOTION to Seal (Wolozin, Rebecca) (Entered: 08/17/2018)	Aug. 17, 2018	Aug. 17, 2018 PACER
26	NOTICE of Appearance by John Christopher Rozendaal on behalf of B.G.S.S., K.T.M., R.A.I. (Rozendaal, John) (Entered: 08/17/2018)	Aug. 17, 2018	Aug. 17, 2018 PACER
27	NOTICE of Appearance by Salvador Manuel Bezos on behalf of B.G.S.S., K.T.M., R.A.I. (Bezos, Salvador) (Entered: 08/17/2018)	Aug. 17, 2018	Aug. 17, 2018 PACER
28	Supplemental MOTION to Certify Class by B.G.S.S., J.E.C.M., K.T.M., R.A.I., Jose Jiminez Saravia, Blanca Jeronimo Sis, Sandra Alvarado, Cinthia Velasquez Trail. (Attachments: # 1 Proposed Order)(Wolozin, Rebecca) (Entered: 08/17/2018)	Aug. 17, 2018	Aug. 17, 2018 PACER
29	Memorandum in Support re 28 Supplemental MOTION to Certify Class filed by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Exhibit, # 2 Exhibit)(Wolozin, Rebecca) (Entered: 08/17/2018)	Aug. 17, 2018	Aug. 17, 2018 PACER
30	ORDER granting 22 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 08/20/2018. (dvanm, ) (Entered: 08/20/2018)	Aug. 20, 2018	Aug. 20, 2018 PACER
31	Consent MOTION for Extension of Time to Respond to Second Amended Complaint by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Attachments: # 1 Proposed Order)(Yang, Catherine) (Entered: 09/12/2018)	Sept. 12, 2018	Sept. 12, 2018 PACER
	Set Motion and R&R Deadlines/Hearings	Sept. 12, 2018	Sept. 12, 2018 PACER
32	ORDER granting 31 Motion for Extension of Time to File. It is furtherORDERED that Defendants shall file any dispositive motion with respect to the Second Amended Complaint on or before September 21, 2018; Plaintiffs may file an opposition to Defendants' motion on or before October 12, 2018; Defendants may file any reply memorandum on or before October 19, 2018; and argument on Defendants' motion shall be held on October 26,2018. Signed by District Judge Leonie M. Brinkema on 09/12/2018. (dvanm, ) (Entered: 09/12/2018)	Sept. 12, 2018	Sept. 12, 2018 PACER
	Set Deadlines as to Motion Hearing set for 10/26/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (see Order 32 for details) (dvanm, )	Sept. 12, 2018	Sept. 12, 2018 PACER
33	Consent MOTION for Leave to File Excess Pages by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Attachments: # 1 Proposed Order)(Yang, Catherine) (Entered: 09/21/2018)	Sept. 21, 2018	Sept. 21, 2018 PACER
34	ORDER: Upon consideration of Defendants' consent motion for an enlargement of the page limit for their response to the Second Amended Complaint, and for good cause shown, it is hereby ORDERED that Defendants' consent motion is GRANTED; and it is further ORDERED that Defendants may file an opening brief of up to forty (40) pages in response to the Second Amended Complaint.. Signed by District Judge Leonie M. Brinkema on 9/21/18. (yguy) (Entered: 09/21/2018)	Sept. 21, 2018	Sept. 21, 2018 PACER
35	MOTION to Dismiss for Lack of Jurisdiction by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Yang, Catherine) (Entered: 09/21/2018)	Sept. 21, 2018	Sept. 21, 2018 PACER
36	MOTION to Dismiss for Failure to State a Claim by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Yang, Catherine) (Entered: 09/21/2018)	Sept. 21, 2018	Sept. 21, 2018 PACER
37	Memorandum in Support re 36 MOTION to Dismiss for Failure to State a Claim, 35 MOTION to Dismiss for Lack of Jurisdiction filed by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Attachments: # 1 DEX A, # 2 DEX B, # 3 DEX C)(Yang, Catherine) (Entered: 09/21/2018)	Sept. 21, 2018	Sept. 21, 2018 PACER
	Notice of Correction re 36 MOTION to Dismiss for Failure to State a Claim, 35 MOTION to Dismiss for Lack of Jurisdiction. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (dvanm, )	Sept. 24, 2018	Sept. 24, 2018 PACER
	Notice of Correction	Sept. 24, 2018	Sept. 24, 2018 PACER
38	Consent MOTION for Leave to File Excess Pages by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Proposed Order)(Wolozin, Rebecca) (Entered: 10/10/2018)	Oct. 10, 2018	Oct. 10, 2018 PACER
39	Waiver of re 38 Consent MOTION for Leave to File Excess Pages Notice of Waiver of Oral Argument by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail (Wolozin, Rebecca) (Entered: 10/10/2018)	Oct. 10, 2018	Oct. 10, 2018 PACER
40	ORDER granting 38 Motion for Leave to File Excess Pages. Plaintiffs' may file a response brief of up to forty-one (41) pages in response to Defendants' Motion to Dismiss. Signed by District Judge Leonie M. Brinkema on 10/11/2018. (dvanm, ) (Entered: 10/11/2018)	Oct. 11, 2018	Oct. 11, 2018 PACER
41	Memorandum in Opposition re 36 MOTION to Dismiss for Failure to State a Claim, 35 MOTION to Dismiss for Lack of Jurisdiction filed by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Exhibit Madrid - Locking Up the Children, # 2 Exhibit Fig. 1, # 3 Exhibit Jeronimo Sis Decl., # 4 Exhibit JECM Sponsor Information_Redacted, # 5 Exhibit Dickerson - Migrant Children Moved)(Wolozin, Rebecca) (Entered: 10/12/2018)	Oct. 12, 2018	Oct. 12, 2018 PACER
42	Consent MOTION for Leave to File Amicus Curiae Brief in Opposition to Defendants' Motions to Dismiss by HUMAN TRAFFICKING LEGAL CENTER. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Lange, Perry) (Entered: 10/12/2018)	Oct. 12, 2018	Oct. 12, 2018 PACER
43	Motion to appear Pro Hac Vice by Andrew Brown Cherry and Certification of Local Counsel Perry Lange Filing fee $ 75, receipt number 0422-6314496. by HUMAN TRAFFICKING LEGAL CENTER. (Lange, Perry) (Entered: 10/12/2018)	Oct. 12, 2018	Oct. 12, 2018 PACER
44	ORDER granting 42 Consent MOTION for Leave to File Amicus Curiae Brief in Opposition to Defendants' Motions to Dismiss ; directing that the Clerk is to accept the proposed amicus brief for filing. Signed by District Judge Leonie M. Brinkema on 10/15/2018. (aott) (Entered: 10/15/2018)	Oct. 15, 2018	Oct. 15, 2018 PACER
45	Brief of Amicus Curiae Human Trafficking Legal Center in Opposition to 36 MOTION to Dismiss for Failure to State a Claim. (aott) (Entered: 10/15/2018)	Oct. 15, 2018	Oct. 15, 2018 PACER
46	ORDER granting 43 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 10/15/2018. (rban, ) (Entered: 10/16/2018)	Oct. 15, 2018	Oct. 15, 2018 PACER
47	MOTION for Extension of Time to File Response/Reply by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Attachments: # 1 Proposed Order)(Yang, Catherine) (Entered: 10/18/2018)	Oct. 18, 2018	Oct. 18, 2018 PACER
48	ORDER granting 47 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that defendants may file their reply brief by 5:00 p.m. on October 22, 2018. Signed by District Judge Leonie M. Brinkema on 10/18/2018. (dest, ) (Entered: 10/18/2018)	Oct. 18, 2018	Oct. 18, 2018 PACER
49	MOTION for Reconsideration re 48 Order on Motion for Extension of Time to File Response/Reply by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Proposed Order)(Wolozin, Rebecca) (Entered: 10/18/2018)	Oct. 18, 2018	Oct. 18, 2018 PACER
50	Waiver of re 49 MOTION for Reconsideration re 48 Order on Motion for Extension of Time to File Response/Reply by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail (Wolozin, Rebecca) (Entered: 10/18/2018)	Oct. 18, 2018	Oct. 18, 2018 PACER
51	RESPONSE in Opposition re 49 MOTION for Reconsideration re 48 Order on Motion for Extension of Time to File Response/Reply filed by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Yang, Catherine) (Entered: 10/19/2018)	Oct. 19, 2018	Oct. 19, 2018 PACER
52	ORDER denying 49 Motion for Reconsideration. Signed by District Judge Leonie M. Brinkema on 10/19/2018. (dvanm, ) (Entered: 10/19/2018)	Oct. 19, 2018	Oct. 19, 2018 PACER
53	REPLY to Response to Motion re 36 MOTION to Dismiss for Failure to State a Claim, 35 MOTION to Dismiss for Lack of Jurisdiction filed by Alex Azar, Natasha David, Gary L. Jones, Scott Lloyd, Johnitha McNair, Timothy Smith, Steven Wagner. (Yang, Catherine) (Entered: 10/22/2018)	Oct. 22, 2018	Oct. 22, 2018 PACER
54	NOTICE of Appearance by Angela A. Ciolfi on behalf of Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail (Ciolfi, Angela) (Entered: 10/25/2018)	Oct. 25, 2018	Oct. 25, 2018 PACER
55	NOTICE of Appearance by John Christopher Rozendaal on behalf of Sandra Alvarado, Blanca Jeronimo Sis, Cinthia Velasquez Trail (Rozendaal, John) (Entered: 10/25/2018)	Oct. 25, 2018	Oct. 25, 2018 PACER
56	NOTICE of Appearance by Salvador Manuel Bezos on behalf of Sandra Alvarado, Blanca Jeronimo Sis, Cinthia Velasquez Trail (Bezos, Salvador) (Entered: 10/25/2018)	Oct. 25, 2018	Oct. 25, 2018 PACER
	Notice of Correction	Oct. 26, 2018	Oct. 26, 2018 PACER
	Notice of Correction re 54 Notice of Appearance. The filing user has been notified that the Notice of Appearance is an incorrectly saved PDF fillable form and has been removed. The filing user was directed to refile the document. (dvanm, )	Oct. 26, 2018	Oct. 26, 2018 PACER
57	Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 10/26/2018. Appearances of counsel. Defts' 36 MOTION to Dismiss for Failure to State a Claim and 35 MOTION to Dismiss for Lack of Jurisdiction are argued and TAKEN UNDER ADVISEMENT. (Court Reporter A. Thomson.)(yguy) (Entered: 10/26/2018)	Oct. 26, 2018	Oct. 26, 2018 PACER
58	NOTICE of Appearance by Angela A. Ciolfi on behalf of Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail (Ciolfi, Angela) (Entered: 10/26/2018)	Oct. 26, 2018	Oct. 26, 2018 PACER
59	TRANSCRIPT of proceedings held on 10/26/2018, before Judge Leonie M. Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/10/2018. Redacted Transcript Deadline set for 1/10/2019. Release of Transcript Restriction set for 2/8/2019.(thomson, anneliese) (Entered: 11/10/2018)	Nov. 10, 2018	Nov. 10, 2018 PACER
60	MEMORANDUM OPINION: For the reasons stated above, defendant's motion to dismiss [Dkt. No. 35] will be GRANTED in part as to the individual claims of plaintiffs J.E.C.M., Jimenez Saravia, R.A.I., Alvarado, K.T.M., and Velasquez Trail and as to Count II and DENIED in all other respects by an appropriate Order to be issued with this Memorandum Opinion. Signed by District Judge Leonie M. Brinkema on 11/15/18. (yguy) (Entered: 11/15/2018)	Nov. 15, 2018	Nov. 15, 2018 Clearinghouse
61	ORDER: For the reasons stated in the accompanying Memorandum Opinion, the individual claims of plaintiffs J.E.C.M., Jimenez Saravia, R. A.L, Alvarado, K.T.M., and Velasquez Trail are DISMISSED AS MOOT, and it is hereby ORDERED that Defendants' Motion to Dismiss the Second Amended Complaint [Dkt. Nos. 35 and 36] be and is GRANTED IN PART with respect to Count II (substantive due process) and DENIED in all other respects. Signed by District Judge Leonie M. Brinkema on 11/15/18. (yguy) (Entered: 11/15/2018)	Nov. 15, 2018	Nov. 15, 2018 PACER
62	ORDERED that the parties meet and confer to develop a briefing schedule on the class certification issue. Signed by District Judge Leonie M. Brinkema on 11/27/2018. (jlan) (Entered: 11/28/2018)	Nov. 27, 2018	Nov. 27, 2018 PACER
63	ANSWER to Complaint (Second Amended Complaint) by Alex Azar, Natasha David, Scott Lloyd, Steven Wagner.(Yang, Catherine) (Entered: 11/29/2018)	Nov. 29, 2018	Nov. 29, 2018 PACER
64	ORDER - The parties having agreed on a briefing schedule on the class certification issue, and for good cause shown, the Court hereby ORDERS as follows: 1. Federal Defendants may file an opposition to Plaintiffs' Supplemental Motion for Class Certification 28 on or before December 14, 2018. 2. Plaintiffs may file a consolidated reply in support of their Motion for Class Certification 5 and Supplemental Motion for Class Certification on or before December 21, 2018. 3. Hearing on Plaintiffs' motions for class certification shall be set for January 4, 2019, at 10:00 a.m. Signed by District Judge Liam O'Grady on 12/03/2018. (dvanm, ) (Entered: 12/03/2018)	Dec. 3, 2018	Dec. 3, 2018 PACER
	Set Motion and R&R Deadlines/Hearings	Dec. 3, 2018	Dec. 3, 2018 PACER
	Set Deadlines as to 5 MOTION to Certify Class, 28 Supplemental MOTION to Certify Class . Motion Hearing set for 1/4/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (dvanm, )	Dec. 3, 2018	Dec. 3, 2018 PACER
65	Consent MOTION to Amend/Correct 64 Order,, Set Motion and R&R Deadlines/Hearings Consent Motion to Alter Briefing Schedule by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 12/10/2018)	Dec. 10, 2018	Dec. 10, 2018 PACER
66	Waiver of re 65 Consent MOTION to Amend/Correct 64 Order,, Set Motion and R&R Deadlines/Hearings Consent Motion to Alter Briefing Schedule Notice of Waiver of Oral Argument by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail (Sandoval-Moshenberg, Simon) (Entered: 12/10/2018)	Dec. 10, 2018	Dec. 10, 2018 PACER
67	ORDER granting 65 Consent Motion to Amend/Correct. Signed by District Judge Leonie M. Brinkema on 12/10/2018. (See order for further details). (acha, ) (Entered: 12/10/2018)	Dec. 10, 2018	Dec. 10, 2018 PACER
68	NOTICE by Alex Azar, Natasha David, Scott Lloyd, Steven Wagner of Party Substitution (Yang, Catherine) (Entered: 12/21/2018)	Dec. 21, 2018	Dec. 21, 2018 PACER
69	MOTION for Extension of Time to Amend 67 Order on Motion to Amend/Correct Motion to Alter Briefing Schedule by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 01/03/2019)	Jan. 3, 2019	Jan. 3, 2019 PACER
70	Waiver of re 69 MOTION for Extension of Time to Amend 67 Order on Motion to Amend/Correct Motion to Alter Briefing Schedule Notice of Waiver of Oral Argument by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail (Sandoval-Moshenberg, Simon) (Entered: 01/03/2019)	Jan. 3, 2019	Jan. 3, 2019 PACER
71	ORDER granting 69 Motion to Alter Briefing Schedule and for good cause shown, the Court hereby orders as follows:1. The Consent Order dated December 10, 2018 67 is hereby VACATED.. Signed by District Judge Leonie M. Brinkema on 01/03/2019. (see Order for further details) (dvanm, ) (Entered: 01/03/2019)	Jan. 3, 2019	Jan. 3, 2019 PACER
72	MOTION for Leave to File Third Amended Complaint by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Third Amended Complaint, # 2 Exhibit Exh 1 to Third Am. Compl., # 3 Exhibit Exh 2 to Third Am. Compl., # 4 Exhibit Exh 3 to Third Am. Compl., # 5 Exhibit Exh 4 to Third Am. Compl., # 6 Exhibit Exh 5 to Third Am. Compl., # 7 Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
73	Notice of Hearing Date set for Feb. 15, 2019, 10:00am re 72 MOTION for Leave to File Third Amended Complaint (Sandoval-Moshenberg, Simon) (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
74	Second MOTION to Certify Class Plaintiffs' Second Supplemental Motion for Class Certification by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
75	Memorandum in Support re 74 Second MOTION to Certify Class Plaintiffs' Second Supplemental Motion for Class Certification filed by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Sandoval-Moshenberg, Simon) (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
76	Notice of Hearing Date set for Feb. 15, 2019, 10:00am re 75 Memorandum in Support,, 74 Second MOTION to Certify Class Plaintiffs' Second Supplemental Motion for Class Certification (Sandoval-Moshenberg, Simon) (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
	Set Deadlines as to 74 Second MOTION to Certify Class Plaintiffs' Second Supplemental Motion for Class Certification, 72 MOTION for Leave to File Third Amended Complaint. Motion Hearing set for 2/15/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, )	Jan. 22, 2019	Jan. 22, 2019 PACER
	Set Motion and R&R Deadlines/Hearings	Jan. 22, 2019	Jan. 22, 2019 PACER
77	NOTICE of Appearance by Mary Catherine Bauer on behalf of Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail (Bauer, Mary) (Main Document 77 replaced with non fillable form on 1/24/2019) (dvanm, ). (Entered: 01/23/2019)	Jan. 23, 2019	Jan. 23, 2019 PACER
78	Motion to appear Pro Hac Vice by Laura Rivera and Certification of Local Counsel Mary Bauer Filing fee $ 75, receipt number 0422-6458455. by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Bauer, Mary) (Entered: 01/23/2019)	Jan. 23, 2019	Jan. 23, 2019 PACER
79	Motion to appear Pro Hac Vice by Luz Lopez and Certification of Local Counsel Mary Bauer Filing fee $ 75, receipt number 0422-6458484. by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Bauer, Mary) (Entered: 01/23/2019)	Jan. 23, 2019	Jan. 23, 2019 PACER
80	Motion to appear Pro Hac Vice by Saira Draper and Certification of Local Counsel Mary Bauer Filing fee $ 75, receipt number 0422-6458494. by Sandra Alvarado, B.G.S.S., J.E.C.M., Blanca Jeronimo Sis, K.T.M., R.A.I., Jose Jiminez Saravia, Cinthia Velasquez Trail. (Bauer, Mary) (Entered: 01/23/2019)	Jan. 23, 2019	Jan. 23, 2019 PACER

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