Case: Guilford College v. Nielsen

1:18-cv-00891 | U.S. District Court for the Middle District of North Carolina

Filed Date: Oct. 23, 2018

Closed Date: Aug. 3, 2020

Clearinghouse coding complete

Case Summary

On August 9, 2018, the United States Citizenship and Immigration Services (USCIS) changed its longstanding policy for determining unlawful presence of students and exchange visitors. Under the old policy, students and exchange visitors were deemed unlawfully present only after an official determination. However, the new policy deemed students as unlawfully present immediately after any unauthorized activity. The unauthorized activity could be as minor as a failure to report a change of address.…

On August 9, 2018, the United States Citizenship and Immigration Services (USCIS) changed its longstanding policy for determining unlawful presence of students and exchange visitors. Under the old policy, students and exchange visitors were deemed unlawfully present only after an official determination. However, the new policy deemed students as unlawfully present immediately after any unauthorized activity. The unauthorized activity could be as minor as a failure to report a change of address.

On October 23, 2018, Guilford College and other universities filed suit in U.S. District Court for the Middle District of North Carolina against USCIS and the Department of Homeland Security (DHS) under the Administrative Procedure Act (APA). Plaintiffs were represented by private counsel including Mayer Brown. Plaintiffs alleged that the defendants failed to provide notice and comment and comply with other requirements of the APA. Further, the new policy allegedly imposed three- and ten-year bars on individuals without notice or opportunity to cure and thus violated the protections guaranteed by the due process clause. Finally, plaintiffs alleged the new policy violated provisions of the Immigration and Nationality Act (INA).

On December 14, 2018, plaintiffs filed their first amended complaint. The plaintiffs also filed motions for a preliminary injunction and partial summary judgement on some of their claims involving the APA and the INA. On January 10, 2019, the government filed a motion to dismiss for lack of jurisdiction.

On May 3, 2019, the court agreed with plaintiffs and issued a nationwide preliminary injunction against the new policy, noting the APA directed courts to "set aside agency action" found unlawful. However, it denied the plaintiffs’ motion for partial summary judgment without prejudice because the parties failed to file the relevant administrative record.

The plaintiffs again filed a motion for partial summary judgment in late May, 2019. At the same time, the defendants filed a motion for summary judgment, claiming that the plaintiffs lacked standing and that the new policy was exempt from notice and comment requirements of the APA. On July 3, 2019, the judge denied both motions for summary judgement without prejudice, again stating that the parties failed to provide a sufficient administrative record. The parties subsequently renewed their summary judgment motions.

On February 6, 2020, the Court granted the plaintiffs’ motion for partial summary judgment on two grounds. First, Judge Biggs found that the new rule was subject to notice and comment rulemaking under the APA that had not taken place. Second, Judge Biggs found that the rule conflicted with the INA's plain text because the INA defined "unlawful presence" to mean more than mere participation in unauthorized activity. The Court remedied this violation by entering a nationwide injunction against the policy. 389 F. Supp. 3d 377.

The government appealed the decision and injunction to the Fourth Circuit on April 3, 2020. However, on August 3, 2020, the government voluntarily dismissed that appeal, leaving the underlying injunction in place. It is unclear why the government chose to drop the appeal.

Summary Authors

Bogyung Lim (1/28/2020)

John Duffield (6/15/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8067856/parties/guilford-college-v-mcaleenan/


Judge(s)

Biggs, Loretta Copeland (Georgia)

Peake, Joi Elizabeth (North Carolina)

Attorneys(s) for Plaintiff

Hughes, Paul W. (District of Columbia)

Kimberly, Michael B. (District of Columbia)

Klasko, H. Ronald (Pennsylvania)

Lyons-Berg, Andrew A. (District of Columbia)

Menees, Cory S. (North Carolina)

Routh, Jennifer B. (District of Columbia)

Rutter, Jessica (District of Columbia)

Strom, David J. (District of Columbia)

Judge(s)

Biggs, Loretta Copeland (Georgia)

Peake, Joi Elizabeth (North Carolina)

Attorneys(s) for Plaintiff

Hughes, Paul W. (District of Columbia)

Kimberly, Michael B. (District of Columbia)

Klasko, H. Ronald (Pennsylvania)

Lyons-Berg, Andrew A. (District of Columbia)

Menees, Cory S. (North Carolina)

Routh, Jennifer B. (District of Columbia)

Rutter, Jessica (District of Columbia)

Strom, David J. (District of Columbia)

Attorneys(s) for Defendant

Girdharry, Glenn M. (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Peachey, William Charles (District of Columbia)

Press, Joshua S. (District of Columbia)

Other Attorney(s)

Atteberry, Jeffrey A. (California)

Babha, Ishan K. (District of Columbia)

Perrelli, Thomas J. (District of Columbia)

Speas, Edwin M. Jr. (North Carolina)

Documents in the Clearinghouse

Document

Docket

July 11, 2021 Docket
1

Complaint

Oct. 23, 2018 Complaint
14

First Amended Complaint

Dec. 14, 2018 Complaint
45

Memorandum Opinion and Order

389 F.Supp.3d 377

May 3, 2019 Order/Opinion
46

Order

May 3, 2019 Order/Opinion
56

Order

July 3, 2019 Order/Opinion
59

Order

July 12, 2019 Order/Opinion
63

Memorandum of Law in Support of Defendants' Motion for Summary Judgment

July 22, 2019 Internal memorandum
69

Memorandum Opinion and Order

2020 WL 586672

Feb. 6, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8067856/guilford-college-v-mcaleenan/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link

Case Assigned

Oct. 23, 2018 PACER
1

COMPLAINT against L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0418-2448895.), filed by GUILFORD COLLEGE, FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, THE NEW SCHOOL, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE. (Attachments: # 1 Exhibit A - August 2018 Policy Memorandum, # 2 Exhibit B - May 2018 Policy Memorandum, # 3 Exhibit C - May 2009 Consolidated Guidance, # 4 Exhibit D - September 1997 Virtue Memo, # 5 Civil Cover Sheet)(MENEES, CORY) (Entered: 10/23/2018)

1 Exhibit A - August 2018 Policy Memorandum

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2 Exhibit B - May 2018 Policy Memorandum

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3 Exhibit C - May 2009 Consolidated Guidance

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4 Exhibit D - September 1997 Virtue Memo

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5 Civil Cover Sheet

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Oct. 23, 2018 PACER
2

Corporate Disclosure Statement by GUILFORD COLLEGE. (MENEES, CORY) (Entered: 10/23/2018)

Oct. 23, 2018 PACER
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Corporate Disclosure Statement by GUILFORD COLLEGE INTERNATIONAL CLUB. (MENEES, CORY) (Entered: 10/23/2018)

Oct. 23, 2018 PACER
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Corporate Disclosure Statement by THE NEW SCHOOL. (MENEES, CORY) (Entered: 10/23/2018)

Oct. 23, 2018 PACER
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Corporate Disclosure Statement by FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT. (MENEES, CORY) (Entered: 10/23/2018)

Oct. 23, 2018 RECAP
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Corporate Disclosure Statement by HAVERFORD COLLEGE. (MENEES, CORY) (Entered: 10/23/2018)

Oct. 23, 2018 PACER

Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAGISTRATE JUDGE JOI ELIZABETH PEAKE. (Coyne, Michelle)

Oct. 23, 2018 PACER
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Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 AUSA, # 2 CITIZENSHIP, # 3 CISSNA, # 4 USDHS, # 5 USAG)(Coyne, Michelle) (Entered: 10/23/2018)

1 AUSA

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2 CITIZENSHIP

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3 CISSNA

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4 USDHS

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5 USAG

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Oct. 23, 2018 PACER
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Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form)(Coyne, Michelle) (Entered: 10/23/2018)

1 Consent Form

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Oct. 23, 2018 PACER
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STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 10/24/2018)

Oct. 24, 2018 RECAP

Case Reassigned to JUDGE LORETTA C. BIGGS. JUDGE CATHERINE C. EAGLES no longer assigned to the case. (Marsh, Keah)

Oct. 29, 2018 PACER

Case Reassigned

Oct. 29, 2018 PACER
10

SUMMONS Returned Executed by GUILFORD COLLEGE, FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, THE NEW SCHOOL, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE. L. FRANCIS CISSNA served on 10/30/2018, answer due 12/31/2018; KIRSTJEN NIELSEN served on 10/30/2018, answer due 12/31/2018; U.S. CITIZENSHIP AND IMMIGRATION SERVICES served on 10/30/2018, answer due 12/31/2018; U.S. DEPARTMENT OF HOMELAND SECURITY served on 10/30/2018, answer due 12/31/2018. on Affidavit of Service as to Matthew G.T. Martin, United States Attorney for the Middle District of North Carolina (Attachments: # 1 Affidavit of Service - US Attorney General, # 2 Affidavit of Service - L. Francis Cissna, # 3 Affidavit of Service - Kirstjen M. Nielsen, # 4 Affidavit of Service - US Citizenship and Immigration Services, # 5 Affidavit of Service - US Department of Homeland Security)(MENEES, CORY) (Entered: 11/08/2018)

1 Affidavit of Service - US Attorney General

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2 Affidavit of Service - L. Francis Cissna

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3 Affidavit of Service - Kirstjen M. Nielsen

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4 Affidavit of Service - US Citizenship and Immigration Services

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5 Affidavit of Service - US Department of Homeland Security

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Nov. 8, 2018 PACER
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NOTICE of Appearance by attorney JOSHUA S. PRESS on behalf of Defendants L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY (PRESS, JOSHUA) (Entered: 11/15/2018)

Nov. 15, 2018 PACER
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NOTICE of Appearance by attorney MICHAEL B. KIMBERLY on behalf of Plaintiffs FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, THE NEW SCHOOL (KIMBERLY, MICHAEL) (Entered: 12/13/2018)

Dec. 13, 2018 PACER
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NOTICE of Appearance by attorney PAUL W. HUGHES on behalf of Plaintiffs FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, THE NEW SCHOOL (HUGHES, PAUL) (Entered: 12/13/2018)

Dec. 13, 2018 PACER
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First AMENDED COMPLAINT against defendant L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, filed by THE NEW SCHOOL, GUILFORD COLLEGE INTERNATIONAL CLUB, FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, HAVERFORD COLLEGE, American Federation of Teachers, JIA YE, SEN LI. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(HUGHES, PAUL) (Entered: 12/14/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Dec. 14, 2018 RECAP
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MOTION for Preliminary Injunction and Partial Summary Judgment by American Federation of Teachers, FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE NEW SCHOOL, JIA YE. Response to Motion due by 1/4/2019 (Attachments: # 1 Text of Proposed Order)(HUGHES, PAUL) (Entered: 12/14/2018)

1 Text of Proposed Order

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Dec. 14, 2018 RECAP
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MEMORANDUM filed by Plaintiffs American Federation of Teachers, FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE NEW SCHOOL, JIA YE re 15 MOTION for Preliminary Injunction and Partial Summary Judgment filed by American Federation of Teachers, FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE NEW SCHOOL, JIA YE. (Attachments: # 1 Declaration of Sen Li, # 2 Declaration of Jia Ye, # 3 Declaration of Michelle Relyea, # 4 Declaration of Rhonda Weingarten, # 5 Declaration of John Doe, # 6 Declaration of Jane Doe, # 7 Declaration of Jane Doe II)(HUGHES, PAUL) (Entered: 12/14/2018)

1 Declaration of Sen Li

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2 Declaration of Jia Ye

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3 Declaration of Michelle Relyea

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4 Declaration of Rhonda Weingarten

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5 Declaration of John Doe

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6 Declaration of Jane Doe

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7 Declaration of Jane Doe II

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Dec. 14, 2018 PACER
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MOTION for Leave to File Brief Amici Curiae of Institutions of Higher Education in Support of Plaintiffs' Motion for Preliminary Injunction and Partial Summary Judgment by ADLER UNIVERSITY, AMHERST COLLEGE, ARIZONA STATE UNIVERSITY, BARNARD COLLEGE, BENNINGTON COLLEGE, BOSTON COLLEGE, BROWN UNIVERSITY, BUCKNELL UNIVERSITY, CALIFORNIA COMMUNITY COLLEGES BOARD OF GOVERNORS, CALIFORNIA INSTITUTE OF TECHNOLOGY, CASE WESTERN RESERVE UNIVERSITY, CHRISTIAN BROTHERS UNIVERSITY, CLARK UNIVERSITY, COLUMBIA UNIVERSITY, CORNELL COLLEGE, CORNELL UNIVERSITY, DARTMOUTH COLLEGE, DREXEL UNIVERSITY, DUKE UNIVERSITY, EASTERN MICHIGAN UNIVERSITY, EMERSON COLLEGE, EMORY UNIVERSITY, FRANKLIN & MARSHALL COLLEGE, GEORGE WASHINGTON UNIVERSITY, GEORGETOWN UNIVERSITY, GETTYSBURG COLLEGE, GOUCHER COLLEGE, PRESIDENT AND FELLOWS OF HARVARD COLLEGE, ILLINOIS INSTITUTE OF TECHNOLOGY, MACALESTER COLLEGE, MANHATTANVILLE COLLEGE, MASSACHUSETTS INSTITUTE OF TECHNOLOGY, MENLO COLLEGE, MIDDLEBURY COLLEGE, MILLS COLLEGE, MOUNT HOLYOKE COLLEGE, NEW YORK UNIVERSITY, NORTHEASTERN UNIVERSITY, NORTHWESTERN UNIVERSITY, THE PENNSYLVANIA STATE UNIVERSITY, POMONA COLLEGE, PRINCETON UNIVERSITY, RHODE ISLAND SCHOOL OF DESIGN, RHODES COLLEGE, RICE UNIVERSITY, ROCHESTER INSTITUTE OF TECHNOLOGY, ROOSEVELT UNIVERSITY, RUTGERS UNIVERSITY-NEWARK, SARAH LAWRENCE COLLEGE, SMITH COLLEGE, SOUTHEASTERN UNIVERSITY, STANFORD UNIVERSITY, SWARTHMORE COLLEGE, TRINITY WASHINGTON UNIVERSITY, TUFTS UNIVERSITY, UNIVERSITY OF DENVER (COLORADO SEMINARY), UNIVERSITY OF MICHIGAN, UNIVERSITY OF PENNSYLVANIA, UNIVERSITY OF SAN DIEGO, UNIVERSITY OF SOUTHERN CALIFORNIA, UNIVERSITY OF UTAH, VANDERBILT UNIVERSITY, WASHINGTON UNIVERSITY IN ST. LOUIS, WELLESLEY COLLEGE, WILLIAMS COLLEGE, YALE UNIVERSITY. Response to Motion due by 1/11/2019 (Attachments: # 1 Proposed - Brief Amici Curiae of Institutions of Higher Education in Support of Plaintiffs' Motion for Preliminary Injunction and Partial Summary Judgment, # 2 Text of Proposed Order)(SPEAS, EDWIN) (Entered: 12/21/2018)

1 Proposed - Brief Amici Curiae of Institutions of Higher Education in Support of

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2 Text of Proposed Order

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Dec. 21, 2018 PACER
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NOTICE of Appearance by attorney EDWIN M. SPEAS, JR on behalf of Amicus Parties ADLER UNIVERSITY, AMHERST COLLEGE, ARIZONA STATE UNIVERSITY, BARNARD COLLEGE, BENNINGTON COLLEGE, BOSTON COLLEGE, BROWN UNIVERSITY, BUCKNELL UNIVERSITY, CALIFORNIA COMMUNITY COLLEGES BOARD OF GOVERNORS, CALIFORNIA INSTITUTE OF TECHNOLOGY, CASE WESTERN RESERVE UNIVERSITY, CHRISTIAN BROTHERS UNIVERSITY, CLARK UNIVERSITY, COLUMBIA UNIVERSITY, CORNELL COLLEGE, CORNELL UNIVERSITY, DARTMOUTH COLLEGE, DREXEL UNIVERSITY, DUKE UNIVERSITY, EASTERN MICHIGAN UNIVERSITY, EMERSON COLLEGE, EMORY UNIVERSITY, FRANKLIN & MARSHALL COLLEGE, GEORGE WASHINGTON UNIVERSITY, GEORGETOWN UNIVERSITY, GETTYSBURG COLLEGE, GOUCHER COLLEGE, ILLINOIS INSTITUTE OF TECHNOLOGY, MACALESTER COLLEGE, MANHATTANVILLE COLLEGE, MASSACHUSETTS INSTITUTE OF TECHNOLOGY, MENLO COLLEGE, MIDDLEBURY COLLEGE, MILLS COLLEGE, MOUNT HOLYOKE COLLEGE, NEW YORK UNIVERSITY, NORTHEASTERN UNIVERSITY, NORTHWESTERN UNIVERSITY, POMONA COLLEGE, PRESIDENT AND FELLOWS OF HARVARD COLLEGE, PRINCETON UNIVERSITY, RHODE ISLAND SCHOOL OF DESIGN, RHODES COLLEGE, RICE UNIVERSITY, ROCHESTER INSTITUTE OF TECHNOLOGY, ROOSEVELT UNIVERSITY, RUTGERS UNIVERSITY-NEWARK, SARAH LAWRENCE COLLEGE, SMITH COLLEGE, SOUTHEASTERN UNIVERSITY, STANFORD UNIVERSITY, SWARTHMORE COLLEGE, THE PENNSYLVANIA STATE UNIVERSITY, TRINITY WASHINGTON UNIVERSITY, TUFTS UNIVERSITY, UNIVERSITY OF DENVER (COLORADO SEMINARY), UNIVERSITY OF MICHIGAN, UNIVERSITY OF PENNSYLVANIA, UNIVERSITY OF SAN DIEGO, UNIVERSITY OF SOUTHERN CALIFORNIA, UNIVERSITY OF UTAH, VANDERBILT UNIVERSITY, WASHINGTON UNIVERSITY IN ST. LOUIS, WELLESLEY COLLEGE, WILLIAMS COLLEGE, YALE UNIVERSITY (SPEAS, EDWIN) (Entered: 12/21/2018)

Dec. 21, 2018 PACER
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CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Amicus Parties ADLER UNIVERSITY, AMHERST COLLEGE, ARIZONA STATE UNIVERSITY, BARNARD COLLEGE, BENNINGTON COLLEGE, BOSTON COLLEGE, BROWN UNIVERSITY, BUCKNELL UNIVERSITY, CALIFORNIA COMMUNITY COLLEGES BOARD OF GOVERNORS, CALIFORNIA INSTITUTE OF TECHNOLOGY, CASE WESTERN RESERVE UNIVERSITY, CHRISTIAN BROTHERS UNIVERSITY, CLARK UNIVERSITY, COLUMBIA UNIVERSITY, CORNELL COLLEGE, CORNELL UNIVERSITY, DARTMOUTH COLLEGE, DREXEL UNIVERSITY, DUKE UNIVERSITY, EASTERN MICHIGAN UNIVERSITY, EMERSON COLLEGE, EMORY UNIVERSITY, FRANKLIN & MARSHALL COLLEGE, GEORGE WASHINGTON UNIVERSITY, GEORGETOWN UNIVERSITY, GETTYSBURG COLLEGE, GOUCHER COLLEGE, ILLINOIS INSTITUTE OF TECHNOLOGY, MACALESTER COLLEGE, MANHATTANVILLE COLLEGE, MASSACHUSETTS INSTITUTE OF TECHNOLOGY, MENLO COLLEGE, MIDDLEBURY COLLEGE, MILLS COLLEGE, MOUNT HOLYOKE COLLEGE, NEW YORK UNIVERSITY, NORTHEASTERN UNIVERSITY, NORTHWESTERN UNIVERSITY, POMONA COLLEGE, PRESIDENT AND FELLOWS OF HARVARD COLLEGE, PRINCETON UNIVERSITY, RHODE ISLAND SCHOOL OF DESIGN, RHODES COLLEGE, RICE UNIVERSITY, ROCHESTER INSTITUTE OF TECHNOLOGY, ROOSEVELT UNIVERSITY, RUTGERS UNIVERSITY-NEWARK, SARAH LAWRENCE COLLEGE, SMITH COLLEGE, SOUTHEASTERN UNIVERSITY, STANFORD UNIVERSITY, SWARTHMORE COLLEGE, THE PENNSYLVANIA STATE UNIVERSITY, TRINITY WASHINGTON UNIVERSITY, TUFTS UNIVERSITY, UNIVERSITY OF DENVER (COLORADO SEMINARY), UNIVERSITY OF MICHIGAN, UNIVERSITY OF PENNSYLVANIA, UNIVERSITY OF SAN DIEGO, UNIVERSITY OF SOUTHERN CALIFORNIA, UNIVERSITY OF UTAH, VANDERBILT UNIVERSITY, WASHINGTON UNIVERSITY IN ST. LOUIS, WELLESLEY COLLEGE, WILLIAMS COLLEGE, YALE UNIVERSITY (SPEAS, EDWIN) (Entered: 12/21/2018)

Dec. 21, 2018 PACER
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Consent MOTION for Extension of Time to File Answer re 15 MOTION for Preliminary Injunction and Partial Summary Judgment, 14 Amended Complaint, by L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(PRESS, JOSHUA) (Entered: 12/26/2018)

1 Text of Proposed Order

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Dec. 26, 2018 PACER

Motions Referred

Dec. 27, 2018 PACER

Motion Referred: RE: 20 Consent MOTION for Extension of Time to File Answer re 15 MOTION for Preliminary Injunction and Partial Summary Judgment, 14 Amended Complaint, to MAG/JUDGE JOI ELIZABETH PEAKE. (Marsh, Keah)

Dec. 27, 2018 PACER
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ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 12/28/2018; that the Motion for Extension of Time [Doc. # 20 ] is GRANTED, and the time for Defendants to answer or otherwise respond to both Plaintiffs' Amended Complaint and Plaintiffs' Motion for a Preliminary Injunction is extended to January 7, 2019. (Sheets, Jamie) (Entered: 12/28/2018)

Dec. 28, 2018 PACER
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MOTION to Stay ALL PENDING DEADLINES IN LIGHT OF LAPSE OF APPROPRIATIONS by L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. Response to Motion due by 1/4/2019 (Attachments: # 1 Text of Proposed Order)(PRESS, JOSHUA) (Entered: 01/03/2019)

1 Text of Proposed Order

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Jan. 3, 2019 PACER
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RESPONSE in Opposition re 22 MOTION to Stay ALL PENDING DEADLINES IN LIGHT OF LAPSE OF APPROPRIATIONS filed by KIRSTJEN NIELSEN, L. FRANCIS CISSNA, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY filed by American Federation of Teachers, FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE NEW SCHOOL, JIA YE. Replies due by 1/17/2019 (HUGHES, PAUL) (Entered: 01/03/2019)

Jan. 3, 2019 PACER

Motion Referred: RE: 22 MOTION to Stay ALL PENDING DEADLINES IN LIGHT OF LAPSE OF APPROPRIATIONS, to MAG/JUDGE JOI ELIZABETH PEAKE. (Blay, Debbie)

Jan. 4, 2019 PACER

Motions Referred

Jan. 4, 2019 PACER

Motions Submitted

Jan. 4, 2019 PACER
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REPLY, filed by Defendants L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, to Response to 22 MOTION to Stay ALL PENDING DEADLINES IN LIGHT OF LAPSE OF APPROPRIATIONS filed by L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (PRESS, JOSHUA) (Entered: 01/04/2019)

Jan. 4, 2019 PACER

Motion Submitted: 22 MOTION to Stay ALL PENDING DEADLINES IN LIGHT OF LAPSE OF APPROPRIATIONS to JUDGE LORETTA C. BIGGS. (Blay, Debbie)

Jan. 4, 2019 PACER
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ORDER signed by JUDGE LORETTA C. BIGGS on 1/7/2019; that Defendants' Motion for Stay of All Pending Deadlines, (ECF.No. 22 ), is hereby DENIED. (Sheets, Jamie) (Entered: 01/07/2019)

Jan. 7, 2019 PACER
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Consent MOTION for Extension of Time to File Answer re 15 MOTION for Preliminary Injunction and Partial Summary Judgment, 14 Amended Complaint, 25 Order on Motion to Stay by L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(PRESS, JOSHUA) (Entered: 01/07/2019)

1 Text of Proposed Order

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Jan. 7, 2019 PACER

Motion Referred: RE: 26 Consent MOTION for Extension of Time to File Answer re 15 MOTION for Preliminary Injunction and Partial Summary Judgment, 14 Amended Complaint, 25 Order on Motion to Stay, to MAG/JUDGE JOI ELIZABETH PEAKE. (Blay, Debbie)

Jan. 8, 2019 PACER

Motions Referred

Jan. 8, 2019 PACER
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ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 01/08/2018, that the Consent Motion for Extension of Time [Doc. # 26 ] is GRANTED, and Defendants have until January 9, 2019 to respond to the Amended Complaint and the Motion for a Preliminary Injunction. (Garland, Leah) (Entered: 01/08/2019)

Jan. 8, 2019 PACER
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NOTICE of Appearance by attorney JEFFREY A. ATTEBERRY on behalf of Amicus Parties ADLER UNIVERSITY, AMHERST COLLEGE, ARIZONA STATE UNIVERSITY, BARNARD COLLEGE, BENNINGTON COLLEGE, BOSTON COLLEGE, BROWN UNIVERSITY, BUCKNELL UNIVERSITY, CALIFORNIA COMMUNITY COLLEGES BOARD OF GOVERNORS, CALIFORNIA INSTITUTE OF TECHNOLOGY, CASE WESTERN RESERVE UNIVERSITY, CHRISTIAN BROTHERS UNIVERSITY, CLARK UNIVERSITY, COLUMBIA UNIVERSITY, CORNELL COLLEGE, CORNELL UNIVERSITY, DARTMOUTH COLLEGE, DREXEL UNIVERSITY, DUKE UNIVERSITY, EASTERN MICHIGAN UNIVERSITY, EMERSON COLLEGE, EMORY UNIVERSITY, FRANKLIN & MARSHALL COLLEGE, GEORGE WASHINGTON UNIVERSITY, GEORGETOWN UNIVERSITY, GETTYSBURG COLLEGE, GOUCHER COLLEGE, ILLINOIS INSTITUTE OF TECHNOLOGY, MACALESTER COLLEGE, MANHATTANVILLE COLLEGE, MASSACHUSETTS INSTITUTE OF TECHNOLOGY, MENLO COLLEGE, MIDDLEBURY COLLEGE, MILLS COLLEGE, MOUNT HOLYOKE COLLEGE, NEW YORK UNIVERSITY, NORTHEASTERN UNIVERSITY, NORTHWESTERN UNIVERSITY, POMONA COLLEGE, PRESIDENT AND FELLOWS OF HARVARD COLLEGE, PRINCETON UNIVERSITY, RHODE ISLAND SCHOOL OF DESIGN, RHODES COLLEGE, RICE UNIVERSITY, ROCHESTER INSTITUTE OF TECHNOLOGY, ROOSEVELT UNIVERSITY, RUTGERS UNIVERSITY-NEWARK, SARAH LAWRENCE COLLEGE, SMITH COLLEGE, SOUTHEASTERN UNIVERSITY, STANFORD UNIVERSITY, SWARTHMORE COLLEGE, THE PENNSYLVANIA STATE UNIVERSITY, TRINITY WASHINGTON UNIVERSITY, TUFTS UNIVERSITY, UNIVERSITY OF DENVER (COLORADO SEMINARY), UNIVERSITY OF MICHIGAN, UNIVERSITY OF PENNSYLVANIA, UNIVERSITY OF SAN DIEGO, UNIVERSITY OF SOUTHERN CALIFORNIA, UNIVERSITY OF UTAH, VANDERBILT UNIVERSITY, WASHINGTON UNIVERSITY IN ST. LOUIS, WELLESLEY COLLEGE, WILLIAMS COLLEGE, YALE UNIVERSITY (ATTEBERRY, JEFFREY) (Entered: 01/09/2019)

Jan. 9, 2019 PACER
29

NOTICE of Appearance by attorney THOMAS J. PERRELLI on behalf of Amicus Parties ADLER UNIVERSITY, AMHERST COLLEGE, ARIZONA STATE UNIVERSITY, BARNARD COLLEGE, BENNINGTON COLLEGE, BOSTON COLLEGE, BROWN UNIVERSITY, BUCKNELL UNIVERSITY, CALIFORNIA COMMUNITY COLLEGES BOARD OF GOVERNORS, CALIFORNIA INSTITUTE OF TECHNOLOGY, CASE WESTERN RESERVE UNIVERSITY, CHRISTIAN BROTHERS UNIVERSITY, CLARK UNIVERSITY, COLUMBIA UNIVERSITY, CORNELL COLLEGE, CORNELL UNIVERSITY, DARTMOUTH COLLEGE, DREXEL UNIVERSITY, DUKE UNIVERSITY, EASTERN MICHIGAN UNIVERSITY, EMERSON COLLEGE, EMORY UNIVERSITY, FRANKLIN & MARSHALL COLLEGE, GEORGE WASHINGTON UNIVERSITY, GEORGETOWN UNIVERSITY, GETTYSBURG COLLEGE, GOUCHER COLLEGE, ILLINOIS INSTITUTE OF TECHNOLOGY, MACALESTER COLLEGE, MANHATTANVILLE COLLEGE, MASSACHUSETTS INSTITUTE OF TECHNOLOGY, MENLO COLLEGE, MIDDLEBURY COLLEGE, MILLS COLLEGE, MOUNT HOLYOKE COLLEGE, NEW YORK UNIVERSITY, NORTHEASTERN UNIVERSITY, NORTHWESTERN UNIVERSITY, POMONA COLLEGE, PRESIDENT AND FELLOWS OF HARVARD COLLEGE, PRINCETON UNIVERSITY, RHODE ISLAND SCHOOL OF DESIGN, RHODES COLLEGE, RICE UNIVERSITY, ROCHESTER INSTITUTE OF TECHNOLOGY, ROOSEVELT UNIVERSITY, RUTGERS UNIVERSITY-NEWARK, SARAH LAWRENCE COLLEGE, SMITH COLLEGE, SOUTHEASTERN UNIVERSITY, STANFORD UNIVERSITY, SWARTHMORE COLLEGE, THE PENNSYLVANIA STATE UNIVERSITY, TRINITY WASHINGTON UNIVERSITY, TUFTS UNIVERSITY, UNIVERSITY OF DENVER (COLORADO SEMINARY), UNIVERSITY OF MICHIGAN, UNIVERSITY OF PENNSYLVANIA, UNIVERSITY OF SAN DIEGO, UNIVERSITY OF SOUTHERN CALIFORNIA, UNIVERSITY OF UTAH, VANDERBILT UNIVERSITY, WASHINGTON UNIVERSITY IN ST. LOUIS, WELLESLEY COLLEGE, WILLIAMS COLLEGE, YALE UNIVERSITY (PERRELLI, THOMAS) (Entered: 01/09/2019)

Jan. 9, 2019 PACER

Set/Reset Motion and R and R Deadlines/Hearings

Jan. 10, 2019 PACER
30

MOTION to Dismiss for Lack of Jurisdiction by L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. Response to Motion due by 1/23/2019 (Attachments: # 1 Text of Proposed Order)(PRESS, JOSHUA) (Entered: 01/10/2019)

1 Text of Proposed Order

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Jan. 10, 2019 RECAP
31

MEMORANDUM filed by Defendants L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY re 14 Amended Complaint, 30 MOTION to Dismiss for Lack of Jurisdiction filed by L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (PRESS, JOSHUA) (Entered: 01/10/2019)

Jan. 10, 2019 RECAP

Reset Motion Response Deadlines re 30 MOTION to Dismiss for Lack of Jurisdiction: Responses due by 1/31/2019. (Sheets, Jamie)

Jan. 10, 2019 PACER
32

RESPONSE in Opposition re 15 MOTION for Preliminary Injunction and Partial Summary Judgment filed by GUILFORD COLLEGE, SEN LI, HAVERFORD COLLEGE, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE INTERNATIONAL CLUB, JIA YE, 16 Memorandum,,, filed by GUILFORD COLLEGE, SEN LI, HAVERFORD COLLEGE, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, JIA YE, GUILFORD COLLEGE INTERNATIONAL CLUB filed by L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. Replies due by 1/15/2019 (Attachments: # 1 Text of Proposed Order)(PRESS, JOSHUA) (Entered: 01/10/2019)

1 Text of Proposed Order

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Jan. 10, 2019 RECAP

Reset Reply Deadline re 15 MOTION for Preliminary Injunction and Partial Summary Judgment: Replies due by 1/24/2019. (Sheets, Jamie)

Jan. 10, 2019 PACER
33

REPLY, filed by Plaintiffs FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE, to Response to 15 MOTION for Preliminary Injunction and Partial Summary Judgment (HUGHES, PAUL) Modified to clean up text on 1/25/2019 (Blay, Debbie). (Entered: 01/21/2019)

Jan. 21, 2019 RECAP

Motions Submitted: 15 MOTION for Preliminary Injunction and Partial Summary Judgment, 17 MOTION for Leave to File Brief Amici Curiae of Institutions of Higher Education in Support of Plaintiffs' Motion for Preliminary Injunction and Partial Summary Judgment, to JUDGE LORETTA C. BIGGS. (Blay, Debbie)

Jan. 24, 2019 PACER

Motions Submitted

Jan. 24, 2019 PACER
34

NOTICE of Appearance by attorney ISHAN K. BHABHA on behalf of Amicus Parties ADLER UNIVERSITY, AMHERST COLLEGE, ARIZONA STATE UNIVERSITY, BARNARD COLLEGE, BENNINGTON COLLEGE, BOSTON COLLEGE, BROWN UNIVERSITY, BUCKNELL UNIVERSITY, CALIFORNIA COMMUNITY COLLEGES BOARD OF GOVERNORS, CALIFORNIA INSTITUTE OF TECHNOLOGY, CASE WESTERN RESERVE UNIVERSITY, CHRISTIAN BROTHERS UNIVERSITY, CLARK UNIVERSITY, COLUMBIA UNIVERSITY, CORNELL COLLEGE, CORNELL UNIVERSITY, DARTMOUTH COLLEGE, DREXEL UNIVERSITY, DUKE UNIVERSITY, EASTERN MICHIGAN UNIVERSITY, EMERSON COLLEGE, EMORY UNIVERSITY, FRANKLIN & MARSHALL COLLEGE, GEORGE WASHINGTON UNIVERSITY, GEORGETOWN UNIVERSITY, GETTYSBURG COLLEGE, GOUCHER COLLEGE, ILLINOIS INSTITUTE OF TECHNOLOGY, MACALESTER COLLEGE, MANHATTANVILLE COLLEGE, MASSACHUSETTS INSTITUTE OF TECHNOLOGY, MENLO COLLEGE, MIDDLEBURY COLLEGE, MILLS COLLEGE, MOUNT HOLYOKE COLLEGE, NEW YORK UNIVERSITY, NORTHEASTERN UNIVERSITY, NORTHWESTERN UNIVERSITY, POMONA COLLEGE, PRESIDENT AND FELLOWS OF HARVARD COLLEGE, PRINCETON UNIVERSITY, RHODE ISLAND SCHOOL OF DESIGN, RHODES COLLEGE, RICE UNIVERSITY, ROCHESTER INSTITUTE OF TECHNOLOGY, ROOSEVELT UNIVERSITY, RUTGERS UNIVERSITY-NEWARK, SARAH LAWRENCE COLLEGE, SMITH COLLEGE, SOUTHEASTERN UNIVERSITY, STANFORD UNIVERSITY, SWARTHMORE COLLEGE, THE PENNSYLVANIA STATE UNIVERSITY, TRINITY WASHINGTON UNIVERSITY, TUFTS UNIVERSITY, UNIVERSITY OF DENVER (COLORADO SEMINARY), UNIVERSITY OF MICHIGAN, UNIVERSITY OF PENNSYLVANIA, UNIVERSITY OF SAN DIEGO, UNIVERSITY OF SOUTHERN CALIFORNIA, UNIVERSITY OF UTAH, VANDERBILT UNIVERSITY, WASHINGTON UNIVERSITY IN ST. LOUIS, WELLESLEY COLLEGE, WILLIAMS COLLEGE, YALE UNIVERSITY (BHABHA, ISHAN) (Entered: 01/24/2019)

Jan. 24, 2019 RECAP
35

RESPONSE in Opposition re 30 MOTION to Dismiss for Lack of Jurisdiction filed by KIRSTJEN NIELSEN, L. FRANCIS CISSNA, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY filed by FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE. Replies due by 2/7/2019 (HUGHES, PAUL) (Entered: 01/24/2019)

Jan. 24, 2019 PACER

Set/Reset Deadlines/Hearings

Jan. 28, 2019 PACER
36

ORDER signed by JUDGE LORETTA C. BIGGS on 1/28/2019; that the Motion for Preliminary Injunction, (ECF No. 15 ), and Motion to Dismiss for Lack of Jurisdiction, (ECF No. 30 ), are set for a hearing on March 26, 2019, at 10:00 a.m. in Courtroom 1 of the United States Courthouse, Winston-Salem, North Carolina. FURTHER that pending resolution of the Motion for Preliminary Injunction and Motion to Dismiss, the Defendants are temporarily restrained from applying the August 9, 2018 Policy Memorandum to Plaintiffs Ye and Li. (Sheets, Jamie) (Entered: 01/28/2019)

Jan. 28, 2019 RECAP

Reset Hearings: Motion Hearing set for 3/26/2019 10:00 AM in Winston-Salem Courtroom #1 before JUDGE LORETTA C. BIGGS. (Sheets, Jamie)

Jan. 28, 2019 PACER
37

ORDER signed by JUDGE LORETTA C. BIGGS on 1/28/2019; that the Motion for Leave to File is GRANTED; and FURTHER that the Clerk is directed to file the brief of amici curiae submitted with the Motion for Leave to File. (Sheets, Jamie) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
38

BRIEF AMICI CURIAE OF INSTITUTIONS OF HIGHER EDUCATION IN SUPPORT OF 15 MOTION for Preliminary Injunction and Partial Summary Judgment filed by ADLER UNIVERSITY, AMHERST COLLEGE, ARIZONA STATE UNIVERSITY, BARNARD COLLEGE, BENNINGTON COLLEGE, BOSTON COLLEGE, BROWN UNIVERSITY, BUCKNELL UNIVERSITY, CALIFORNIA COMMUNITY COLLEGES BOARD OF GOVERNORS, CALIFORNIA INSTITUTE OF TECHNOLOGY, CASE WESTERN RESERVE UNIVERSITY, CHRISTIAN BROTHERS UNIVERSITY, CLARK UNIVERSITY, COLUMBIA UNIVERSITY, CORNELL COLLEGE, CORNELL UNIVERSITY, DARTMOUTH COLLEGE, DREXEL UNIVERSITY, DUKE UNIVERSITY, EASTERN MICHIGAN UNIVERSITY, EMERSON COLLEGE, EMORY UNIVERSITY, FRANKLIN & MARSHALL COLLEGE, GEORGE WASHINGTON UNIVERSITY, GEORGETOWN UNIVERSITY, GETTYSBURG COLLEGE, GOUCHER COLLEGE, ILLINOIS INSTITUTE OF TECHNOLOGY, MACALESTER COLLEGE, MANHATTANVILLE COLLEGE, MASSACHUSETTS INSTITUTE OF TECHNOLOGY, MENLO COLLEGE, MIDDLEBURY COLLEGE, MILLS COLLEGE, MOUNT HOLYOKE COLLEGE, NEW YORK UNIVERSITY, NORTHEASTERN UNIVERSITY, NORTHWESTERN UNIVERSITY, POMONA COLLEGE, PRESIDENT AND FELLOWS OF HARVARD COLLEGE, PRINCETON UNIVERSITY, RHODE ISLAND SCHOOL OF DESIGN, RHODES COLLEGE, RICE UNIVERSITY, ROCHESTER INSTITUTE OF TECHNOLOGY, ROOSEVELT UNIVERSITY, RUTGERS UNIVERSITY-NEWARK, SARAH LAWRENCE COLLEGE, SMITH COLLEGE, SOUTHEASTERN UNIVERSITY, STANFORD UNIVERSITY, SWARTHMORE COLLEGE, THE PENNSYLVANIA STATE UNIVERSITY, TRINITY WASHINGTON UNIVERSITY, TUFTS UNIVERSITY, UNIVERSITY OF DENVER (COLORADO SEMINARY), UNIVERSITY OF MICHIGAN, UNIVERSITY OF PENNSYLVANIA, UNIVERSITY OF SAN DIEGO, UNIVERSITY OF SOUTHERN CALIFORNIA, UNIVERSITY OF UTAH, VANDERBILT UNIVERSITY, WASHINGTON UNIVERSITY IN ST. LOUIS, WELLESLEY COLLEGE, WILLIAMS COLLEGE, YALE UNIVERSITY. (Filed per 37 Order) (Sheets, Jamie) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
39

MOTION to Expand the Scope of the Temporary Restraining Order re 36 Order,, by FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE. Response to Motion due by 2/19/2019 (Attachments: # 1 Text of Proposed Order)(HUGHES, PAUL) (Entered: 01/29/2019)

1 Text of Proposed Order

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Jan. 29, 2019 PACER
40

MEMORANDUM filed by Plaintiffs FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE re 39 MOTION to Expand the Scope of the Temporary Restraining Order re 36 Order,, filed by FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE. (HUGHES, PAUL) (Entered: 01/29/2019)

Jan. 29, 2019 PACER
41

REPLY, filed by Defendants L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, to Response to 30 MOTION to Dismiss for Lack of Jurisdiction filed by L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (PRESS, JOSHUA) (Entered: 02/07/2019)

Feb. 7, 2019 PACER

Motion Submitted: 30 MOTION to Dismiss for Lack of Jurisdiction to JUDGE LORETTA C. BIGGS. (Blay, Debbie)

Feb. 8, 2019 PACER

Motions Submitted

Feb. 8, 2019 PACER
42

RESPONSE in Opposition re 39 MOTION to Expand the Scope of the Temporary Restraining Order re 36 Order,, filed by GUILFORD COLLEGE, SEN LI, HAVERFORD COLLEGE, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE INTERNATIONAL CLUB, JIA YE filed by L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. Replies due by 3/5/2019 (PRESS, JOSHUA) (Entered: 02/19/2019)

Feb. 19, 2019 PACER

Motions Submitted

March 6, 2019 PACER

Motion Submitted: 39 MOTION to Expand the Scope of the Temporary Restraining Order to JUDGE LORETTA C. BIGGS. (Blay, Debbie)

March 6, 2019 PACER
43

NOTICE of Rescheduling: Motion Hearing reset from 3/26/2019 at 10:00 AM to 4/4/2019 at 10:00 AM in Winston-Salem Courtroom #1 before JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 03/13/2019)

March 13, 2019 PACER

Motion Hearing

April 4, 2019 PACER

Minute Entry for proceedings held before JUDGE LORETTA C. BIGGS: Motion Hearing held on 4/4/2019 re 15 MOTION for Preliminary Injunction and Partial Summary Judgment filed by GUILFORD COLLEGE, SEN LI, HAVERFORD COLLEGE, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE INTERNATIONAL CLUB, JIA YE, 30 MOTION to Dismiss for Lack of Jurisdiction filed by KIRSTJEN NIELSEN, U.S. DEPARTMENT OF HOMELAND SECURITY, L. FRANCIS CISSNA, U.S. CITIZENSHIP AND IMMIGRATION SERVICES. 39 Motion to Expand the Scope of the Temporary Restraining Order is moot. Attorneys Paul Hughes, Corey Menees, and Ron Klasko present on behalf of the Plaintiffs. Attorney Joshua Press present on behalf of the Defendants. Oral argument heard. Written Order forthcoming. (Court Reporter Lori Russell.) (Blay, Debbie)

April 4, 2019 PACER
44

Transcript of Proceedings held on 04/04/2019, re: Motion Hearing, before Judge Loretta C. Biggs. Court Reporter Lori Russell, Telephone number 336-734-2547. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 5/9/2019. Redacted Transcript Deadline set for 5/20/2019. Release of Transcript Restriction set for 7/18/2019. (Russell, Lori) (Entered: 04/15/2019)

April 15, 2019 PACER
45

MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 5/3/2019; that Plaintiffs' Motion for Preliminary Injunction and Partial Summary Judgment, (ECF No. 15 ), is GRANTED IN PART and DENIED IN PART. The motion is GRANTED in that the Court hereby enjoins implementation, in all applications, of the memorandum titled "Accrual of Unlawful Presence and F, J, and M Nonimmigrants," issued by Defendant United States Citizenship and Immigration Services on August 9, 2018 and bearing the file number PM-602-1060.1, as well as the memorandum with the same title issued on May 10, 2018 and bearing file number PM-602-1060, until further order of this Court. The motion is DENIED WITHOUT PREJUDICE to the extent it seeks partial summary judgment on the first and third causes of action alleged in Plaintiffs' First Amended Complaint. FURTHER that Defendants' Motion to Dismiss, (ECF No. 30 ), is hereby DENIED. FURTHER that the parties shall engage in expedited summary judgment briefing as set forth in a separate Order which shall be filed contemporaneously with this Memorandum Opinion and Order. FURTHER that Plaintiff's Motion to Expand the Scope of the Temporary Restraining Order, (ECF No. 39 ), is DENIED AS MOOT. (Sheets, Jamie) (Entered: 05/03/2019)

May 3, 2019 RECAP
46

ORDER signed by JUDGE LORETTA C. BIGGS on 5/3/2019. For the reasons set forth in the Memorandum Opinion and Order filed contemporaneously with this Judgment; that the parties shall engage in expedited summary judgment briefing as follows: Cross-motions for summary judgment and supporting documents, including brief, shall be due no later than May 13, 2019; Responses to motions for summary judgment shall be due no later than May 23, 2019; Replies to responses to motions for summary judgment shall be due no later than May 30, 2019. FURTHER that Defendants shall file an Answer to Plaintiffs' First Amended Complaint no later than May 13, 2019. (Sheets, Jamie) (Entered: 05/03/2019)

May 3, 2019 RECAP
47

MOTION for Partial Summary Judgment by FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE. Response to Motion due by 6/12/2019 (HUGHES, PAUL) (Entered: 05/13/2019)

May 13, 2019 RECAP
48

MEMORANDUM filed by Plaintiffs FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE re 47 MOTION for Partial Summary Judgment filed by FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE. (Attachments: # 1 Declaration of Paul W. Hughes, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(HUGHES, PAUL) (Entered: 05/13/2019)

1 Declaration of Paul W. Hughes

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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May 13, 2019 PACER
49

ANSWER to Amended Complaint by L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (PRESS, JOSHUA) (Entered: 05/13/2019)

May 13, 2019 PACER
50

MOTION for Summary Judgment by L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. Response to Motion due by 5/23/2019 (PRESS, JOSHUA) (Entered: 05/13/2019)

May 13, 2019 PACER
51

MEMORANDUM filed by Defendants L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY re 50 MOTION for Summary Judgment filed by L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (PRESS, JOSHUA) (Entered: 05/13/2019)

May 13, 2019 PACER
52

RESPONSE in Opposition re 50 MOTION for Summary Judgment filed by KIRSTJEN NIELSEN, L. FRANCIS CISSNA, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY filed by FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE. Replies due by 5/30/2019 (Attachments: # 1 Supplemental Declaration of Paul W. Hughes, # 2 Exhibit A, # 3 Exhibit B)(HUGHES, PAUL) Modified on 5/24/2019 to edit reply deadline per 4 Order. (Sheets, Jamie) (Entered: 05/23/2019)

1 Supplemental Declaration of Paul W. Hughes

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2 Exhibit A

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3 Exhibit B

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May 23, 2019 PACER
53

RESPONSE in Opposition re 47 MOTION for Partial Summary Judgment filed by GUILFORD COLLEGE, SEN LI, HAVERFORD COLLEGE, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE INTERNATIONAL CLUB, JIA YE filed by L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. Replies due by 5/30/2019 (PRESS, JOSHUA) (Entered: 05/23/2019)

May 23, 2019 PACER
54

REPLY, filed by Plaintiffs FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, JIA YE, to Response to 47 MOTION for Partial Summary Judgment filed by FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, JIA YE. (HUGHES, PAUL) (Entered: 05/30/2019)

May 30, 2019 PACER
55

REPLY, filed by Defendants L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, to Response to 50 MOTION for Summary Judgment filed by L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (PRESS, JOSHUA) (Entered: 05/30/2019)

May 30, 2019 PACER

Motions Submitted

May 31, 2019 PACER

Motions Submitted: 47 MOTION for Partial Summary Judgment, 50 MOTION for Summary Judgment, to JUDGE LORETTA C. BIGGS. (Blay, Debbie)

May 31, 2019 PACER
56

ORDER signed by JUDGE LORETTA C. BIGGS on 7/3/2019. Plaintiffs' Motion for Partial Summary Judgment (ECF No. 47 ) and Defendants' Motion for Summary Judgment (ECF No. 50 ) are DENIED WITHOUT PREJUDICE. Such motions shall not be refiled unless and until they are accompanied by the administrative record and any other supporting documents required to be filed under the applicable rules. FURTHER that the preliminary injunction entered in the Court's May 3 Opinion and Order shall continue and remain in full force and effect as set forth in the May 3 Opinion and Order, until such time that this Court orders otherwise. (Daniel, J) (Entered: 07/03/2019)

July 3, 2019 RECAP
57

ADMINISTRATIVE RECORD re 56 Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,, . (Attachments: # 1 Exhibit 1 of 2, # 2 Exhibit 2 of 2)(PRESS, JOSHUA) (Entered: 07/03/2019)

1 Exhibit 1 of 2

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2 Exhibit 2 of 2

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July 3, 2019 RECAP
58

REQUEST (Joint) by Defendants L. FRANCIS CISSNA, KIRSTJEN NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY for Vacatur of Prior Order re 56 Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,,. (PRESS, JOSHUA) (Entered: 07/10/2019)

July 10, 2019 RECAP

Case Referred to Judge

July 11, 2019 PACER

CASE REFERRED RE: 58 Joint Request, to JUDGE LORETTA C. BIGGS. (Blay, Debbie)

July 11, 2019 PACER
59

ORDER signed by JUDGE LORETTA C. BIGGS on 7/12/2019; that, to the extent the parties intend this request (ECF No. 58 ) to serve as a motion seeking relief from the Court, the motion is DENIED, and the Court's Order entered on July 3, 2019, (ECF No. 56 ), speaks for itself. (Sheets, Jamie) (Entered: 07/12/2019)

July 12, 2019 RECAP
60

MOTION for Partial Summary Judgment by FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE. Response to Motion due by 8/21/2019 (HUGHES, PAUL) (Entered: 07/22/2019)

July 22, 2019 RECAP
61

MEMORANDUM filed by Plaintiffs FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE re 60 MOTION for Partial Summary Judgment filed by FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE. (Attachments: # 1 Declaration of Paul W. Hughes, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 CAR (part 1), # 10 CAR (part 2))(HUGHES, PAUL) (Entered: 07/22/2019)

1 Declaration of Paul W. Hughes

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 CAR (part 1)

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10 CAR (part 2)

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July 22, 2019 PACER
62

MOTION for Summary Judgment by L. FRANCIS CISSNA, KEVIN K. MCALEENAN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. Response to Motion due by 8/21/2019 (PRESS, JOSHUA) (Entered: 07/22/2019)

July 22, 2019 PACER
63

MEMORANDUM filed by Defendants L. FRANCIS CISSNA, KEVIN K. MCALEENAN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY re 62 MOTION for Summary Judgment filed by L. FRANCIS CISSNA, KEVIN K. MCALEENAN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit CAR Part 1, # 2 Exhibit CAR Part 2)(PRESS, JOSHUA) (Entered: 07/22/2019)

1 Exhibit CAR Part 1

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2 Exhibit CAR Part 2

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July 22, 2019 PACER
64

RESPONSE in Opposition re 62 MOTION for Summary Judgment filed by KEVIN K. MCALEENAN, L. FRANCIS CISSNA, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY filed by FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE. Replies due by 8/6/2019 (Attachments: # 1 Supplemental Declaration of Paul W. Hughes, # 2 Exhibit A, # 3 Exhibit B)(HUGHES, PAUL) (Entered: 07/23/2019)

1 Supplemental Declaration of Paul W. Hughes

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2 Exhibit A

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3 Exhibit B

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July 23, 2019 PACER
65

RESPONSE in Opposition re 60 MOTION for Partial Summary Judgment filed by GUILFORD COLLEGE, SEN LI, HAVERFORD COLLEGE, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE INTERNATIONAL CLUB, JIA YE filed by L. FRANCIS CISSNA, KEVIN K. MCALEENAN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. Replies due by 8/6/2019 (PRESS, JOSHUA) (Entered: 07/23/2019)

July 23, 2019 PACER
66

REPLY, filed by Plaintiffs FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE, to Response to 60 MOTION for Partial Summary Judgment filed by FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE. (HUGHES, PAUL) (Entered: 07/24/2019)

July 24, 2019 PACER
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REPLY, filed by Defendants L. FRANCIS CISSNA, KEVIN K. MCALEENAN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, to Response to 62 MOTION for Summary Judgment filed by L. FRANCIS CISSNA, KEVIN K. MCALEENAN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (PRESS, JOSHUA) (Entered: 07/24/2019)

July 24, 2019 PACER

Motions Submitted

July 25, 2019 PACER

Motions Submitted: 60 MOTION for Partial Summary Judgment, 62 MOTION for Summary Judgment to JUDGE LORETTA C. BIGGS. (Blay, Debbie)

July 25, 2019 PACER
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NOTICE of Appearance by attorney JENNIFER B. ROUTH on behalf of Plaintiffs FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT, GUILFORD COLLEGE, GUILFORD COLLEGE INTERNATIONAL CLUB, HAVERFORD COLLEGE, SEN LI, THE AMERICAN FEDERATION OF TEACHERS, THE NEW SCHOOL, JIA YE (ROUTH, JENNIFER) (Entered: 08/28/2019)

Aug. 28, 2019 PACER
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MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 2/6/2020; that Plaintiffs' Motion for Partial Summary Judgment, (ECF No. 60 ), is GRANTED. The United States Citizenship and Immigration Services' August 9, 2018 memorandum entitled "Accrual of Unlawful Presence and F, J, and M Nonimmigrants" (PM-602-1060.1), as well as the corresponding memorandum with the same title issued on May 10, 2018 (PM-602-1060), are hereby declared invalid, set aside, and enjoined nationwide in all applications. FURTHER that the Government's Motion for Summary Judgment, (ECF No. 62 ), is DENIED. A Judgment terminating this case will be filed contemporaneously with this Memorandum and Order. (Sheets, Jamie) (Entered: 02/06/2020)

Feb. 6, 2020 RECAP

State / Territory: North Carolina

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 23, 2018

Closing Date: Aug. 3, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Guilford College, Guilford College International Club, The New School, Foothill-De Anza Community College District, and Haverford College

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Constitutional rights

Status/Classification

Temporary visitors

Undocumented immigrants - rights and duties

Visas - criteria

Visas - procedures