Case: Bhattarai v. Nielsen

3:19-cv-00731 | U.S. District Court for the Northern District of California

Filed Date: Feb. 10, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 10, 2019, a group of beneficiaries of Temporary Protected Status (“TPS”) from Honduras and Nepal and their U.S.-citizen children filed this class action in the U.S. District Court for the Northern District of California. The plaintiffs, represented by the ACLU Foundation of Southern California, the National Day Laborer Organizing Network, Asian Americans Advancing Justice, and private attorneys, sued the Department of Homeland Security (“DHS”), seeking declaratory and injunctive rel…

On February 10, 2019, a group of beneficiaries of Temporary Protected Status (“TPS”) from Honduras and Nepal and their U.S.-citizen children filed this class action in the U.S. District Court for the Northern District of California. The plaintiffs, represented by the ACLU Foundation of Southern California, the National Day Laborer Organizing Network, Asian Americans Advancing Justice, and private attorneys, sued the Department of Homeland Security (“DHS”), seeking declaratory and injunctive relief, as well as attorneys’ fees and costs. The plaintiffs challenged the Trump Administration’s recent decisions to terminate the TPS designations for Honduras and Nepal, alleging that the decisions violated the APA as well as equal protection and due process under the Fifth Amendment.

The plaintiffs pointed to another recent lawsuit challenging the Administration’s decisions to terminate TPS (in that case for El Salvador, Haiti, Nicaragua, and Sudan), where this District Court issued a preliminary injunction halting the terminations. The plaintiffs claimed that the same defects in the terminations at issue in that case, Ramos v. Nielsen (located here in this Clearinghouse), existed here. The case was originally assigned to Judge Jon Tigar, but was later reassigned to Judge Edward Chen after this case was related to Ramos v. Nielsen.

TPS is a form of humanitarian immigration relief that permits individuals from TPS-designated countries to lawfully live and work in the U.S. when they cannot safely return to their country of origin due to an exceptional circumstance, such as armed conflict or a natural disaster. The complaint stated that more than 100,000 individuals from Honduras and Nepal currently have TPS, most of them having lived in the U.S. for the majority of their lives. Many are also the parents of U.S.-citizen children, who would be faced with the choice of being separated from their families or leaving the only home they had ever known if their parents lost TPS. The minor plaintiffs sought to represent the following nationwide class: U.S.-citizen children, from ages five to eighteen, of all TPS holders from Honduras and Nepal.

The complaint explained that typically, when DHS was considering whether to terminate a country’s TPS designation, it would consider all of the conditions in that country, including the impact of crises or exceptional circumstances that occurred after the country’s original TPS designation. The plaintiffs then alleged that since President Trump took office, DHS, without any formal announcement, explanation, or acknowledgment of a departure from past practice, adopted a new interpretation of the TPS statute that no longer considers intervening country conditions. The plaintiffs claimed that this new interpretation and subsequent decisions to terminate TPS designations for certain countries were motivated by racial animus, highlighting President Trump’s various past statements denigrating non-white, non-European immigrants.

On March 12, 2019, the parties jointly stipulated to a stay of the proceedings in this case pending final resolution of the defendants’ appeal of the preliminary injunction in Ramos. Judge Chen granted the stipulation, finding that the “interests of justice and judicial economy would be served by treating the decisions terminating TPS for Honduras and Nepal similarly to the decisions at issue in Ramos during the pendency of the Ramos appeal.” The defendants agreed to abstain from implementing their decisions to terminate TPS for Nepal and Honduras pending the resolution of that appeal.

The Ninth Circuit heard oral argument on August 14, 2019. The Ninth Circuit vacated the injunction in Ramos on September 14, 2020. 975 F.3d 872., but the appellate court has yet to issue a directive to the district court to make the decision effective. On December 9, 2020, DHS published a notice extending TPS for Honduras and Nepal through October 4, 2021 As of March 16, 2021, the injunction remains in effect, and the defendants still may not terminate TPS for Nepal and Honduras. The case is ongoing.

Summary Authors

Sam Kulhanek (4/22/2020)

Emily Kempa (3/16/2021)

Related Cases

Ramos v. Nielsen, Northern District of California (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14589912/parties/bhattarai-v-nielsen/


Judge(s)

Chen, Edward Milton (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bansal, Jessica Karp (California)

Cho, Michelle (California)

Commons, Sean A. (California)

Degen, Alycia Ann (California)

Domino, Tyler J. (District of Columbia)

Dugan, Jon (District of Columbia)

Guo, Ava Xiaoqing (District of Columbia)

Hoq, Laboni Amena (California)

Judge(s)

Chen, Edward Milton (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bansal, Jessica Karp (California)

Cho, Michelle (California)

Commons, Sean A. (California)

Degen, Alycia Ann (California)

Domino, Tyler J. (District of Columbia)

Dugan, Jon (District of Columbia)

Guo, Ava Xiaoqing (District of Columbia)

Hoq, Laboni Amena (California)

Kao, Winifred (California)

Lapinig, Christopher M. (California)

Leaman, Kimberly Ann (District of Columbia)

MacLean, Emilou (California)

MacLean [inactive], Emilou (California)

McKinney, Zoe N. (California)

Weerasingha−Cote, Tami (District of Columbia)

Zhao, Jingni (California)

Attorneys(s) for Defendant

Kirschner, Adam D. (District of Columbia)

Documents in the Clearinghouse

Document

3:19-cv-00731

Docket [PACER]

Oct. 31, 2019

Oct. 31, 2019

Docket
1

3:19-cv-00731

Class Action Complaint

Feb. 10, 2019

Feb. 10, 2019

Complaint
22

3:19-cv-00731

Stipulation to Stay Proceedings

March 12, 2019

March 12, 2019

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14589912/bhattarai-v-nielsen/

Last updated May 28, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT against All Defendants, (Filing Fee: $400.00, receipt number 0971-13080047). Filed by Sajjan Pandey, S.S. (a minor), Sumnima Thapa, Sorayda Rodriguez Motino, G.D.P. (a minor), Donaldo Posadas Caceres, Denis Molina Chavez, Keshav Bhattarai. (Attachments: #(1) Civil Cover Sheet)(Degen, Alycia) (Filed on 2/10/2019) Modified on 2/12/2019 (tnS, COURT STAFF). (Entered: 02/10/2019)

1 Civil Cover Sheet

View on PACER

Feb. 10, 2019

Feb. 10, 2019

RECAP
6

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-13083844) filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Attachments: #(1) Certificate of Good Standing)(Leaman, Kimberly) (Filed on 2/11/2019) (Entered: 02/11/2019)

1 Certificate of Good Standing

View on PACER

Feb. 11, 2019

Feb. 11, 2019

PACER
5

NOTICE filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa of NOTICE OF PENDENCY OF OTHER ACTIONS (Degen, Alycia) (Filed on 2/11/2019) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
4

Certification of Interested Entities or Persons Pursuant to Civil Local Rule 3-15 filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa (Degen, Alycia) (Filed on 2/11/2019) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

RECAP
3

Proposed Summons. (Degen, Alycia) (Filed on 2/11/2019) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

RECAP
2

Case assigned to Judge Jon S. Tigar. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (jjbS, COURT STAFF) (Filed on 2/11/2019) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
8

Summons Issued as to Defendants Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security & United States of America. (tnS, COURT STAFF) (Filed on 2/12/2019) (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER
7

Initial Case Management Scheduling Order with ADR Deadlines: This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras Joint Case Management Statement due by 5/8/2019. Initial Case Management Conference set for 5/15/2019 at 2:00 PM in San Francisco, Courtroom 09, 19th Floor. (Attachments: #(1) Standing Order for All Civil Cases Before District Judge Jon S. Tigar, #(2) Standing Order for All Judges, #(3) Notice of Eligibility for Video Recording) (tnS, COURT STAFF) (Filed on 2/12/2019) (Entered: 02/12/2019)

1 Standing Order for All Civil Cases Before District Judge Jon S. Tigar

View on PACER

2 Standing Order for All Judges

View on PACER

3 Notice of Eligibility for Video Recording

View on PACER

Feb. 12, 2019

Feb. 12, 2019

PACER
11

ORDER by Judge Jon S. Tigar granting 6 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 2/14/2019) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
10

ORDER by Judge Jon S. Tigar granting 9 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 2/14/2019) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
9

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-13093553) filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Attachments: #(1) Certificate of Good Standing)(Domino, Tyler) (Filed on 2/14/2019) (Entered: 02/14/2019)

1 Certificate of Good Standing

View on PACER

Feb. 14, 2019

Feb. 14, 2019

PACER
13

ORDER by Judge Jon S. Tigar granting 12 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
12

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-13102134) filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Attachments: #(1) Certificate of Good Standing)(Guo, Ava) (Filed on 2/19/2019) (Entered: 02/19/2019)

1 Certificate of Good Standing

View on PACER

Feb. 19, 2019

Feb. 19, 2019

PACER
15

Case reassigned to Judge Edward M. Chen. Judge Jon S. Tigar no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras (srnS, COURT STAFF) (Filed on 2/26/2019) (Entered: 02/26/2019)

Feb. 26, 2019

Feb. 26, 2019

PACER
14

RELATED CASE ORDER. Related to: 18-cv-01554-EMC, Ramos v. Nielsen. Signed by Judge Edward M. Chen on 2/25/2019. (afmS, COURT STAFF) (Filed on 2/26/2019) (Entered: 02/26/2019)

Feb. 26, 2019

Feb. 26, 2019

PACER
16

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13129042.) filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Attachments: # 1 Certificate of Good Standing)(Weerasingha-Cote, Tami) (Filed on 2/27/2019) (Entered: 02/27/2019)

1 Certificate of Good Standing

View on PACER

Feb. 27, 2019

Feb. 27, 2019

PACER
17

Order by Judge Edward M. Chen granting 16 Motion for Pro Hac Vice.(afmS, COURT STAFF) (Filed on 3/1/2019) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
19

Joint Discovery Letter Brief filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Degen, Alycia) (Filed on 3/4/2019) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
18

NOTICE of Appearance by Adam Kirschner (Kirschner, Adam) (Filed on 3/4/2019) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
20

ORDER by Judge Edward M. Chen Re 19 Joint Discovery Letter of March 4, 2019. (emcsec, COURT STAFF) (Filed on 3/5/2019) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
21

MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13152110.) filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Dugan, Jon) (Filed on 3/7/2019) Modified on 3/8/2019 (aaaS, COURT STAFF). (Entered: 03/07/2019)

1 Certificate/Proof of Service Certificate of Good Standing

View on PACER

March 7, 2019

March 7, 2019

RECAP
24

Order by Judge Edward M. Chen granting 21 Motion for Pro Hac Vice.(afmS, COURT STAFF) (Filed on 3/12/2019) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

RECAP
23

Order by Judge Edward M. Chen granting 22 Stipulation to Stay Proceedings.(afmS, COURT STAFF) (Filed on 3/12/2019) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

RECAP
22

STIPULATION WITH PROPOSED ORDER to Stay Proceedings filed by G.D.P. (a minor), S.S. (a minor), Keshav Bhattarai, Denis Molina Chavez, Sajjan Pandey, Donaldo Posadas Caceres, Sorayda Rodriguez Motino, Sumnima Thapa. (Degen, Alycia) (Filed on 3/12/2019) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

PACER
25

NOTICE of Change In Counsel by Jon Dugan (Attachments: # 1 Proposed Order)(Dugan, Jon) (Filed on 6/13/2019) (Entered: 06/13/2019)

1 Proposed Order

View on PACER

June 13, 2019

June 13, 2019

PACER
26

Notice of Change In Counsel

1 Proposed Order

View on PACER

July 31, 2019

July 31, 2019

PACER
27

Transcript

Sept. 5, 2019

Sept. 5, 2019

PACER
28

Withdraw as Attorney

Sept. 6, 2019

Sept. 6, 2019

PACER
29

Order on Motion to Withdraw as Attorney

Sept. 6, 2019

Sept. 6, 2019

PACER
30

Withdraw as Attorney

1 Proposed Order

View on PACER

Sept. 13, 2019

Sept. 13, 2019

PACER
31

Order on Motion to Withdraw as Attorney

Sept. 14, 2019

Sept. 14, 2019

PACER
32

Withdraw as Attorney

Sept. 19, 2019

Sept. 19, 2019

PACER

Electronic Filing Error

Sept. 19, 2019

Sept. 19, 2019

PACER
33

Withdraw as Attorney

1 Proposed Order

View on PACER

Oct. 31, 2019

Oct. 31, 2019

PACER
34

Order on Motion to Withdraw as Attorney

Oct. 31, 2019

Oct. 31, 2019

PACER
35

Notice of Change of Address

March 15, 2022

March 15, 2022

RECAP
36

Notice of Appearance

March 15, 2022

March 15, 2022

PACER
37

Notice of Change of Address

March 16, 2022

March 16, 2022

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Feb. 10, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

TPS beneficiaries from Nepal and Honduras and their U.S.-citizen children.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

National Day Laborer Organizing Network (NDLON)

Asian Americans Advancing Justice | AAJC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

U.S. Department of Homeland Security (Washington, D.C.), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination-basis:

National origin discrimination

Immigration/Border:

Constitutional rights

Temporary protected status