Case: Kiakombua v. McAleenan

1:19-cv-01872 | U.S. District Court for the District of Columbia

Filed Date: June 25, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 25, 2019, five asylum seekers from Angola, Cuba, and El Salvador filed this lawsuit in the United States District Court for the District of Columbia. The plaintiffs sued the Department of Homeland Security and the U.S. Attorney General under the Refugee Act, 8 U.S.C. § 1158(a); Immigration and Nationality Act, 8 U.S.C. § 1231(b)(3); Article 3 of the Convention Against Torture, 8 C.F.R. § 208.16(c), (d); and the Administrative Procedure Act, 5 U.S.C. § 706(2). The plaintiffs, represented…

On June 25, 2019, five asylum seekers from Angola, Cuba, and El Salvador filed this lawsuit in the United States District Court for the District of Columbia. The plaintiffs sued the Department of Homeland Security and the U.S. Attorney General under the Refugee Act, 8 U.S.C. § 1158(a); Immigration and Nationality Act, 8 U.S.C. § 1231(b)(3); Article 3 of the Convention Against Torture, 8 C.F.R. § 208.16(c), (d); and the Administrative Procedure Act, 5 U.S.C. § 706(2). The plaintiffs, represented by the International Refugee Assistance Program and the Refugee and Immigrant Center for Education and Legal Services, sought declarative, injunctive, and monetary relief. The plaintiffs alleged that the Trump Administration issued a set of instructions (the "Lesson Plan") on April 30, 2019, to asylum officers that were designed to turn back as many asylum seekers as possible. The Lesson Plan allegedly made it far more difficult for asylum seekers to pass their “credible fear interviews.” If an asylum seeker is found to lack “credible fear,” they may be unable to apply for asylum. The case was assigned to Judge Ketanji Brown Jackson.

On August 19, 2019, the defendants moved for summary judgment. The defendants argued that the plaintiffs’ case should be dismissed because it was not a legal issue over which the court could exercise its judicial authority because there was no evidence that enjoining the Lesson Plan would remedy plaintiffs' injuries and because the Lesson Plan was not subject to judicial review under the APA. Furthermore, the defendants contended that the Lesson Plan had no real impact on the credible fear process and that it was just a minor update to account for developments in the case law.

On September 5, 2019, the plaintiffs cross-moved for summary judgment. The plaintiffs contended that they were entitled to summary judgment on the merits because the Lesson Plan was inconsistent with the statutory and regulatory scheme of the credible fear process and was in violation of the APA. With regards to the defendants’ contention that the Lesson Plan had no real impact, the plaintiffs rebutted that the record showed a significant change to policy. Judge Jackson held a hearing on the motions for summary judgment on October 22, 2019.

On March 5, 2020, Judge Jackson issued an order staying the case pending resolution of appeal in Grace v. Barr, No. 19-5013 (D.C. Cir. 2019). Judge Jackson stated that Grace v. Barr presented various questions regarding the meaning of terms under 8 U.S.C. § 1252(e), the credible fear interview statute, such as the meaning of "implementation," "implement," and "written policy directive, written policy guideline, or written procedure." Judge Jackson found that because similar questions of law are relevant in the current case, it should be stayed pending resolution in the D.C. Circuit. More information about Grace v. Barr can be found here.

After the D.C. Circuit released its opinion in Grace, Judge Jackson granted plaintiffs’ motion for summary judgment and denied defendants’ motion for summary judgment on October 31, 2020. 2020 WL 6392824. Applying the Chevron deference framework, Judge Jackson concluded that USCIS unlawfully required screening officers to make credible fear determinations in a manner that is "inconsistent with the two-stage asylum eligibility framework that the INA plainly establishe[d]." Therefore, Judge Jackson declared that the provisions of the Lesson Plan that conflicted with the INA were unlawful. Because the unlawful parts couldn't be severed from the rest of the document, Judge Jackson vacated the entire Lesson Plan. Finally, judge Jackson enjoined the credible fear determinations previously made pursuant to the plan, and ordered that these plaintiffs be provided a new credible fear screening.

On December 15, the defendants appealed to the D.C. Circuit Court. A week later, the plaintiffs filed a motion to enforce the court’s earlier order.

In mid-July 2021, the defendants filed a consent motion to dismiss the appeal. Three months later the parties agreed to proceed to mediation before Magistrate Judge Robin M. Meriweather, with mediation scheduled for March 29, 2022. Because of Judge Jackson’s elevation to the D.C. Circuit, the case was reassigned to Judge Jia M. Cobb. A settlement conference was held on April 8, 2022. As of April 10, 2022, the case remains ongoing.

Summary Authors

Aaron Gurley (3/16/2020)

Gabrielle Simeck (12/19/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15833385/parties/kiakombua-v-mcaleenan/


Judge(s)

Jackson, Ketanji Brown (District of Columbia)

Attorneys(s) for Plaintiff

Alagesan, Deepa (New York)

Austin, Kathryn (New York)

Cox, Justin Bryan (Georgia)

Govindaiah, Manoj (Texas)

Hirose, Mariko (New York)

Osornio, Maria (Texas)

Attorneys(s) for Defendant

Cirino, Paul (District of Columbia)

Platt, Steven (District of Columbia)

Other Attorney(s)

Active

Judge(s)

Jackson, Ketanji Brown (District of Columbia)

Attorneys(s) for Plaintiff

Alagesan, Deepa (New York)

Austin, Kathryn (New York)

Cox, Justin Bryan (Georgia)

Govindaiah, Manoj (Texas)

Hirose, Mariko (New York)

Osornio, Maria (Texas)

Attorneys(s) for Defendant

Cirino, Paul (District of Columbia)

Platt, Steven (District of Columbia)

Other Attorney(s)

Hethmon, Michael M. (District of Columbia)

Lacovara, Michael (New York)

Thompson, Paul Michael (District of Columbia)

Tucci, Michael Edward (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 17, 2020 Docket
1

Complaint

June 25, 2019 Complaint
6

First Amended Complaint

June 28, 2019 Complaint
83

Order

Kiakombua v. Wolf

Oct. 31, 2020 Order/Opinion
84

Memorandum Opinion

Kiakombua v. Wolf

498 F.Supp.3d 1, 2020 WL 6392824

Oct. 31, 2020 Order/Opinion
85

Supplemented First Amended Complaint for Declaratory and Injunctive Relief

Oct. 31, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Refugee Reception and Perception: US Detention Camps and German Welcome Centers

Valeria Gomez & Karla Mari McKanders

The reception of refugees and asylum seekers has emerged as one of the most critical contemporary global issues. In 2015, the world experienced the most forced migrants since World War II. This essay… March 31, 2017 https://papers.ssrn.com/...

Sanctuary: K-12 School Districts in Agricultural Communities

Cecilia Barnes

This comment was initiated some eight months after the Executive Order was issued and well after the Executive Order’s enforcement had been challenged by multiple lawsuits on constitutional grounds. … Jan. 1, 2017 http://www.sjcl.edu/...

Libraries Keep a Resourceful Eye on the President

George H. Pike

From the earliest times, libraries have had a mission to collect, curate, organize, and disseminate knowledge and information as broadly as possible for the benefit of the societies they serve. Libra… June 6, 2017 http://newsbreaks.infotoday.com/...

Executive Orders on Travel and Immigration Create a Far-from-Ordinary Semester in Michigan Law's Civil Rights Litigation Clearinghouse

Julie Aust, Jamie Kessler, and Virginia Weeks

President Donald J. Trump's second travel ban for nationals from a group of predominantly Muslim countries was scheduled to take effect on March 16, 2017—until it was enjoined the day before by the U… March 16, 2017 None

Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017 https://www.dhs.gov/...

Executive Order 13768: Enhancing Public Safety in the Interior of the United States

President Donald Trump

Jan. 25, 2017 https://www.gpo.gov/...

Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017 https://www.dhs.gov/...

Executive Order 13767: Border Security and Immigration Enforcement Improvements

President Donald Trump

Jan. 27, 2017 None

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15833385/kiakombua-v-mcaleenan/

Last updated May 20, 2022, 5:10 a.m.

ECF Number Description Date Link
1

COMPLAINT against All Plaintiffs ( Filing fee $ 400 receipt number 0090-6213417) filed by MARIA KIAKOMBUA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Hirose, Mariko) (Entered: 06/25/2019)

1 Civil Cover Sheet

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2 Summons

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June 25, 2019 RECAP
2

NOTICE of Appearance by Deepa Alagesan on behalf of MARIA KIAKOMBUA (Alagesan, Deepa) (Entered: 06/26/2019)

June 26, 2019 RECAP

Summons Not Issued

June 27, 2019 PACER

Case Assigned/Reassigned

June 27, 2019 PACER

Case Assigned to Judge Ketanji Brown Jackson. (zsb)

June 27, 2019 PACER

SUMMONS Not Issued as to WILLIAM P. BARR, KENNETH T. CUCCINELLI, JENNIFER HIGGINS, KEVIN K. MCALEENAN (zsb)

June 27, 2019 PACER
3

GENERAL ORDER AND GUIDELINES APPLICABLE TO APA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for batching motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 6/28/2019. (lckbj1) (Entered: 06/28/2019)

June 28, 2019 PACER
4

NOTICE of Appearance by Justin B. Cox on behalf of All Plaintiffs (Cox, Justin) (Entered: 06/28/2019)

June 28, 2019 PACER
5

NOTICE of Amended Complaint by MARIA M. KIAKOMBUA (Attachments: # 1 Exhibit A - Redline)(Cox, Justin) (Entered: 06/28/2019)

June 28, 2019 PACER
6

AMENDED COMPLAINT against All Defendants filed by MARIA M. KIAKOMBUA, SOFIA, ANA, JULIA, EMMA. (Attachments: # 1 Exhibit A - Lesson Plan dated April 30, 2019)(Cox, Justin) (Entered: 06/28/2019)

June 28, 2019 PACER
7

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ANA, EMMA, JULIA, SOFIA (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Index, # 2 Exhibit A - Decl. of Ana*, # 3 Exhibit B - Decl. of Emma*, # 4 Exhibit C - Decl. of Sofia*, # 5 Exhibit D - Decl. of Julia*, # 6 Exhibit E - Grace Pseudonym Opinion, # 7 Exhibit F - Damus Pseudonym Order, # 8 Text of Proposed Order)(Cox, Justin) (Entered: 06/28/2019)

June 28, 2019 PACER
8

REQUEST FOR SUMMONS TO ISSUE filed by SOFIA, ANA, MARIA M. KIAKOMBUA, EMMA, JULIA. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(Cox, Justin) (Entered: 06/28/2019)

June 28, 2019 PACER
9

SUMMONS (5) Issued Electronically as to WILLIAM P. BARR, KENNETH T. CUCCINELLI, JENNIFER HIGGINS, KEVIN K. MCALEENAN and U.S. Attorney (jf) (Entered: 07/01/2019)

July 1, 2019 PACER
10

NOTICE of Appearance by Manoj Govindaiah on behalf of All Plaintiffs (Govindaiah, Manoj) (Entered: 07/01/2019)

July 1, 2019 PACER
11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Plaintiffs, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/2/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/2/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 8/31/2019.) (Cox, Justin) (Entered: 07/02/2019)

July 2, 2019 PACER
12

ORDER. The Pseudonymous Plaintiffs' motion 7 to proceed under pseudonyms is GRANTED. Consistent with this Order, the Clerk is directed to lodge the declarations attached to Pseudonymous Plaintiffs' motion 7 under seal. Signed by Judge Ketanji Brown Jackson on 7/3/19. (lckbj3) (Entered: 07/03/2019)

July 3, 2019 PACER
13

Emergency MOTION for Temporary Restraining Order to Stay the Removal of Plaintiffs Ana & Emma, MOTION for Telephone Conference, MOTION for Scheduling Order by ANA, EMMA, JULIA, MARIA M. KIAKOMBUA, SOFIA (Attachments: # 1 Exhibit A & Cox Declaration, # 2 Exhibit B, # 3 Text of Proposed Order)(Cox, Justin) (Entered: 07/08/2019)

July 8, 2019 PACER

~Util - Set/Reset Deadlines/Hearings

July 8, 2019 PACER

.Order

July 8, 2019 PACER
14

NOTICE of Appearance by Paul Cirino on behalf of All Defendants (Cirino, Paul) (Entered: 07/08/2019)

July 8, 2019 PACER

MINUTE ORDER. Plaintiffs have filed an 13 Emergency Motion for an Administrative Stay of Removal, in which Plaintiffs' counsel represents pursuant to LCvR 7(m) that government counsel "ha[s] been unwilling to state their position as to whether the Courts intervention is necessary" to prevent the removal of Plaintiffs Ana and Emma. (See Pls.' Emergency Mot., ECF No. 13, at 2.) Given this representation, it is hereby ORDERED that Defendants shall file a response to Plaintiffs' 13 Emergency Motion at or before 6:30 PM this evening. It is FURTHER ORDERED that a telephonic status conference is set for tomorrow, July 9, 2019, at 11:00 AM, before Judge Ketanji Brown Jackson. The Court will provide the conference call call-in information to counsel by email. Signed by Judge Ketanji Brown Jackson on 7/8/2019. (lckbj3, )

July 8, 2019 PACER
15

NOTICE of Appearance by Kathryn S. Austin on behalf of All Plaintiffs (Austin, Kathryn) (Entered: 07/08/2019)

July 8, 2019 PACER
16

Memorandum in opposition to re 13 Emergency MOTION for Temporary Restraining Order to Stay the Removal of Plaintiffs Ana & Emma MOTION for Telephone Conference MOTION for Scheduling Order filed by WILLIAM P. BARR, KENNETH T. CUCCINELLI, JENNIFER HIGGINS, KEVIN K. MCALEENAN. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 07/08/2019)

July 8, 2019 PACER
21

SEALED DOCUMENT (Declarations) filed by ANA, EMMA, JULIA, SOFIA. (This document is SEALED and only available to authorized persons (Entered: 07/10/2019)

July 8, 2019 PACER
17

REPLY to opposition to motion re 13 Emergency MOTION for Temporary Restraining Order to Stay the Removal of Plaintiffs Ana & Emma MOTION for Telephone Conference MOTION for Scheduling Order filed by ANA, EMMA, JULIA, MARIA M. KIAKOMBUA, SOFIA. (Cox, Justin) (Entered: 07/09/2019)

July 9, 2019 PACER

~Util - Terminate Motions

July 9, 2019 PACER

~Util - Set/Reset Deadlines

July 9, 2019 PACER

.Order

July 9, 2019 PACER
18

ORDER granting Plaintiffs' Emergency Motion for a Temporary Stay of Removal 13 . Signed by Judge Ketanji Brown Jackson on 7/9/2019. (lckbj3) (Entered: 07/09/2019)

July 9, 2019 RECAP

Motion(s) terminated: 13 Emergency MOTION for Temporary Restraining Order to Stay the Removal of Plaintiffs Ana & Emma MOTION for Telephone Conference MOTION for Scheduling Order filed by MARIA M. KIAKOMBUA, JULIA, ANA, SOFIA, EMMA. Signed by Judge Ketanji Brown Jackson on 7/9/2019. (lckbj1)

July 9, 2019 PACER

MINUTE ORDER. During this morning's teleconference, Plaintiffs' counsel proposed that the Court require the government to produce an index of any relevant documents that the agency excludes from the administrative record when it undertakes to compile the record in this case. If Plaintiffs intend to pursue this requested order, they must provide proposed language for inclusion in the Court's scheduling order concerning the production of the administrative record, and Defendant must have the opportunity to oppose any such language. Accordingly, and consistent with the representations that the Court made during the teleconference, it is hereby ORDERED that, on or before 7/10/19 at 10:00 AM, Plaintiffs shall file any motion for a withholding index or other Court order concerning compilation of the administrative record. Plaintiffs shall provide with their motion the proposed language of the requested order, which shall include deadlines for filings related to disputes regarding the content of the proposed withholding index and any other aspects of the production of the administrative record, and a memorandum of law of no more than 5 pages that identifies the legal authority for the proposed order language. It is FURTHER ORDERED that any response by Defendant to Plaintiffs' motion shall be no more than 5 pages, and shall be filed on or before 7/10/19 at 2 PM. Signed by Judge Ketanji Brown Jackson on 7/9/2019. (lckbj3)

July 9, 2019 PACER

Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Telephone Conference held on 7/9/2019, in Chambers. (Court Reporter Nancy Meyer) (gdf)

July 9, 2019 PACER
19

MOTION for Order Regarding the Administrative Record by ANA, EMMA, JULIA, MARIA M. KIAKOMBUA, SOFIA (Attachments: # 1 Text of Proposed Order)(Cox, Justin) (Entered: 07/10/2019)

July 10, 2019 PACER

Telephone Conference

July 10, 2019 PACER
20

RESPONSE re 19 MOTION for Order Regarding the Administrative Record filed by WILLIAM P. BARR, KENNETH T. CUCCINELLI, JENNIFER HIGGINS, KEVIN K. MCALEENAN. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 07/10/2019)

July 10, 2019 PACER
22

SCHEDULING ORDER. See attached document for details. Signed by Judge Ketanji Brown Jackson on 7/10/2019. (lckbj3) (Entered: 07/10/2019)

July 10, 2019 RECAP

Set/Reset Deadlines/Hearings: Administrative Record due by 8/5/2019. Cross Motions due by 9/5/2019. Response to Cross Motions due by 9/26/2019. Reply to Cross Motions due by 10/10/2019. Motions due by 8/5/2019. Responses due by 8/12/2019 Replies due by 8/16/2019. Summary Judgment motions due by 8/15/2019. Response to Motion for Summary Judgment due by 9/5/2019. Reply to Motion for Summary Judgment due by 9/26/2019. Motion Hearing set for 10/22/2019 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. (zgdf)

July 10, 2019 PACER

.Order

July 11, 2019 PACER

MINUTE ORDER. Pursuant to Federal Rule of Civil Procedure 5.2(c), all ECF filings in this matter have been automatically restricted to prevent remote access by the general public. However, the parties agree that all non-sealed ECF filings in this matter should be unrestricted and remotely available to the public. Accordingly, the court ORDERS that all current and future non-sealed ECF filings be made remotely accessible to members of the public. Signed by Judge Ketanji Brown Jackson on 7/11/2019. (lckbj3)

July 11, 2019 PACER

***Case and documents 1 through 6, 8 through 20, Minute Entries and Orders and 22 Unsealed pursuant to Minute Order filed 7/11/19. Docket entries 7 and 21 will remain under seal. (ztd)

July 11, 2019 PACER

Case Unsealed

July 12, 2019 PACER

Set/Reset Deadlines/Hearings

July 12, 2019 PACER
23

NOTICE of Filing of Index to Administrative Record by WILLIAM P. BARR, KENNETH T. CUCCINELLI, JENNIFER HIGGINS, KEVIN K. MCALEENAN (Attachments: # 1 Certified Index to Administrative Record)(Cirino, Paul) (Entered: 07/25/2019)

July 25, 2019 PACER
24

MOTION to Compel by ANA, EMMA, JULIA, MARIA M. KIAKOMBUA, SOFIA (Attachments: # 1 Declaration of Justin B. Cox, # 2 Exhibit Index, # 3 Exhibit A - Certification of the Administrative Record, # 4 Exhibit B - Letter from Pls' Counsel dated July 29, 2019, # 5 Exhibit C - Letter from Pls' Counsel dated July 31, 2019, # 6 Exhibit D - Emails from Pls' Counsel dated August 1 & 2, 2019, # 7 Exhibit E - Attachment to Pls' Counsel email of August 1, 2019, # 8 Exhibit F - Email from Defs' Counsel dated August 2, 2019, # 9 Text of Proposed Order)(Cox, Justin) (Entered: 08/05/2019)

1 Declaration of Justin B. Cox

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2 Exhibit Index

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3 Exhibit A - Certification of the Administrative Record

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4 Exhibit B - Letter from Pls' Counsel dated July 29, 2019

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5 Exhibit C - Letter from Pls' Counsel dated July 31, 2019

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6 Exhibit D - Emails from Pls' Counsel dated August 1 & 2, 2019

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7 Exhibit E - Attachment to Pls' Counsel email of August 1, 2019

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8 Exhibit F - Email from Defs' Counsel dated August 2, 2019

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9 Text of Proposed Order

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Aug. 5, 2019 PACER
25

TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson held on 07/09/2019; Page Numbers: 1-25. Date of Issuance: 08/05/2019. Court Reporter Nancy J. Meyer, Telephone number (202) 354-3118, Tape Number: N/A. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 8/27/2019. Redacted Transcript Deadline set for 9/6/2019. Release of Transcript Restriction set for 11/4/2019.(Meyer, Nancy) (Entered: 08/06/2019)

Aug. 6, 2019 PACER
26

NOTICE of Appearance by Steven A. Platt on behalf of All Defendants (Platt, Steven) (Entered: 08/09/2019)

Aug. 9, 2019 PACER
27

Memorandum in opposition to re 24 MOTION to Compel filed by WILLIAM P. BARR, KENNETH T. CUCCINELLI, JENNIFER HIGGINS, KEVIN K. MCALEENAN. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Cirino, Paul) (Entered: 08/12/2019)

Aug. 12, 2019 PACER
28

NOTICE of Appearance- Pro Bono by Maria R. Osornio on behalf of All Plaintiffs (Osornio, Maria) (Entered: 08/13/2019)

Aug. 13, 2019 PACER
29

CERTIFICATE OF SERVICE by WILLIAM P. BARR, KENNETH T. CUCCINELLI, JENNIFER HIGGINS, KEVIN K. MCALEENAN of Defendants' Motion for Summary Judgment on Plaintiffs. (Platt, Steven) (Entered: 08/15/2019)

Aug. 15, 2019 PACER
30

REPLY to opposition to motion re 24 MOTION to Compel filed by ANA, EMMA, JULIA, MARIA M. KIAKOMBUA, SOFIA. (Cox, Justin) (Entered: 08/16/2019)

Aug. 16, 2019 PACER

.Order

Aug. 19, 2019 PACER

MINUTE ORDER. Defendants have served on Plaintiffs an expedited motion for summary judgment in accordance with the Court's 22 Scheduling Order of 7/10/19, consistent with the procedures set forth in the Court's 3 General Order and Guidelines Applicable to APA Cases. (See Certificate of Service, ECF No. 29.) Given the expedited nature of these proceedings, as well as the significant public interest in this case, it is hereby ORDERED that the "Batching" requirements contained in Para. 4(a) of this 3 Court's General Order and Guidelines for APA Cases are STRICKEN, and it is FURTHER ORDERED that the parties shall file their summary judgment briefs on the docket individually, on or before the deadlines the Court set in the 22 Scheduling Order. Having served their summary judgment motion prior to the instant order, Defendants shall promptly file on the docket the motion for summary judgment, memorandum of law, exhibits thereto, and proposed order that were served on Plaintiffs' counsel on August 15, 2019. Signed by Judge Ketanji Brown Jackson on 8/19/2019. (lckbj1)

Aug. 19, 2019 PACER
31

MOTION for Summary Judgment by WILLIAM P. BARR, KENNETH T. CUCCINELLI, JENNIFER HIGGINS, KEVIN K. MCALEENAN (Attachments: # 1 Memorandum in Support, # 2 Exhibit Index, # 3 Exhibit A - Order of the Immigration Judge, # 4 Exhibit B - Order, Grace v. Whitaker, # 5 Text of Proposed Order)(Platt, Steven) (Entered: 08/19/2019)

Aug. 19, 2019 PACER
32

MEMORANDUM OPINION AND ORDER denying Plaintiffs' 24 Motion to Compel. Signed by Judge Ketanji Brown Jackson on 08/27/2019. (lckbj3) (Entered: 08/27/2019)

Aug. 27, 2019 RECAP
33

NOTICE of Appearance by Michael Meriwether Hethmon on behalf of IMMIGRATION REFORM LAW INSTITUTE (Hethmon, Michael) (Main Document 33 replaced on 8/30/2019) (znmw). (Entered: 08/29/2019)

Aug. 29, 2019 PACER
34

Unopposed MOTION for Leave to File Amicus Curiae Brief by IMMIGRATION REFORM LAW INSTITUTE (Attachments: # 1 Text of Proposed Order, # 2 In Support of Defendants' Motion for Summary Judgment)(Hethmon, Michael) (Entered: 08/29/2019)

Aug. 29, 2019 PACER

Order on Motion for Leave to File

Aug. 30, 2019 PACER

MINUTE ORDER granting 34 Motion for Leave to File Amicus Curiae brief. Signed by Judge Ketanji Brown Jackson on 08/30/2019. (lckbj1)

Aug. 30, 2019 PACER
35

AMICUS BRIEF by IMMIGRATION REFORM LAW INSTITUTE. (jf) (Entered: 09/05/2019)

Aug. 30, 2019 PACER
36

MOTION for Summary Judgment & Opp'n to Defs.' MSJ by ANA, EMMA, JULIA, MARIA M. KIAKOMBUA, SOFIA (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A - Q, # 4 Text of Proposed Order)(Cox, Justin) (Entered: 09/05/2019)

Sept. 5, 2019 PACER
37

NOTICE of Combined Corrected Memorandum of Law in Support of Plaintiffs' Cross-Motion and in Opposition to Defendants' Motion for Summary Judgment by ANA, EMMA, JULIA, MARIA M. KIAKOMBUA, SOFIA re 36 MOTION for Summary Judgment & Opp'n to Defs.' MSJ (Cox, Justin) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
38

Memorandum in opposition to re 31 MOTION for Summary Judgment, 36 MOTION for Summary Judgment & Opp'n to Defs.' MSJ Corrected Combined Memorandum of Law in Support of Plaintiffs' Cross-Motion and in Opposition to Defendants' Motion for Summary Judgment filed by ANA, EMMA, JULIA, MARIA M. KIAKOMBUA, SOFIA. (Cox, Justin) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
39

MOTION for Leave to File an Amicus Curiae Brief in Support of Plaintiffs' Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment by TAHIRIH JUSTICE CENTER (Attachments: # 1 Brief as Amicus Curiae in Support of Plaintiff's Cross-Motion for Summary Judgment, # 2 Text of Proposed Order)(Thompson, Paul) (Entered: 09/19/2019)

Sept. 19, 2019 PACER
40

ENTERED IN ERROR.....Unopposed MOTION for Leave to File Amicus Curiae Brief by NATIONAL CITIZENSHIP AND IMMIGRATION SERVICES COUNCIL 119 OF THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Attachments: # 1 Exhibit A - Proposed Amicus Brief, # 2 Exhibit B - Certificate of Corporate Disclosure, # 3 Text of Proposed Order)(Lacovara, Michael) Modified on 9/20/2019 (jf). (Entered: 09/19/2019)

Sept. 19, 2019 PACER
41

ENTERED IN ERROR.....NOTICE of Appearance by Michael Lacovara on behalf of NATIONAL CITIZENSHIP AND IMMIGRATION SERVICES COUNCIL 119 OF THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Lacovara, Michael) Modified on 9/20/2019 (jf). (Entered: 09/19/2019)

Sept. 19, 2019 PACER
42

Unopposed MOTION for Leave to File Amicus Curiae Brief In Support of Plaintiffs' Opposition To Defendants' Motion For Summary Judgment And Memorandum In Support Thereof by ADVOCATES FOR HUMAN RIGHTS (Attachments: # 1 Text of Proposed Order, # 2 Amicus Curiae Brief Of The Advocates For Human Rights In Support Of Plaintiffs And Their Opposition To Defendants' Motion for Summary Judgment)(Tucci, Michael) Modified on 9/20/2019 to reinstate motion (jf). (Entered: 09/19/2019)

Sept. 19, 2019 PACER
43

NOTICE of Appearance by Michael Edward Tucci on behalf of ADVOCATES FOR HUMAN RIGHTS (Tucci, Michael) (Entered: 09/19/2019)

Sept. 19, 2019 PACER
44

Unopposed MOTION for Leave to File Amicus Curiae Brief (CORRECTED) by NATIONAL CITIZENSHIP AND IMMIGRATION SERVICES COUNCIL 119 (Attachments: # 1 Exhibit A - Proposed Amicus Brief, # 2 Exhibit B - Certificate of Corporate Disclosure, # 3 Text of Proposed Order)(Lacovara, Michael) (Entered: 09/20/2019)

Sept. 20, 2019 PACER

Notice of Corrected Docket Entry

Sept. 20, 2019 PACER

Order on Motion for Leave to File

Sept. 20, 2019 PACER
45

NOTICE of Appearance by Michael Lacovara on behalf of NATIONAL CITIZENSHIP AND IMMIGRATION SERVICES COUNCIL 119 (Lacovara, Michael) (Entered: 09/20/2019)

Sept. 20, 2019 PACER

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 40 41 Unopposed MOTION for Leave to File Amicus Curiae Brief; NOTICE of Appearance by Michael Lacovara was entered in error at the request of counsel and refiled. (jf)

Sept. 20, 2019 PACER

MINUTE ORDER granting 44 Unoppsed Motion for Leave to File Amicus Curiae Brief. Signed by Judge Ketanji Brown Jackson on 9/20/2019. (lckbj1)

Sept. 20, 2019 PACER

MINUTE ORDER granting 42 Consent Motion for Leave to File Amicus Curiae brief. Signed by Judge Ketanji Brown Jackson on 9/20/2019. (lckbj1)

Sept. 20, 2019 PACER
46

AMICUS BRIEF by ADVOCATES FOR HUMAN RIGHTS. (znmw) (Entered: 09/26/2019)

Sept. 20, 2019 PACER
47

AMICUS BRIEF by NATIONAL CITIZENSHIP AND IMMIGRATION SERVICES COUNCIL 119. (znmw) (Entered: 09/26/2019)

Sept. 20, 2019 PACER
48

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL CITIZENSHIP AND IMMIGRATION SERVICES COUNCIL 119 (znmw) (Entered: 09/26/2019)

Sept. 20, 2019 PACER
49

Memorandum in opposition to re 36 MOTION for Summary Judgment & Opp'n to Defs.' MSJ filed by WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, JENNIFER HIGGINS, KEVIN K. MCALEENAN. (Platt, Steven) (Entered: 09/26/2019)

Sept. 26, 2019 PACER
50

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, JENNIFER HIGGINS, KEVIN K. MCALEENAN (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit D, # 2 Text of Proposed Order)(Platt, Steven) (Entered: 09/26/2019)

Sept. 26, 2019 PACER
51

SEALED DOCUMENT filed by WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, JENNIFER HIGGINS, KEVIN K. MCALEENAN re 12 Order on Sealed Motion for Leave to File Document Under Seal, (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit E)(Platt, Steven) (Entered: 09/26/2019)

Sept. 26, 2019 PACER
52

MOTION to Strike 36 MOTION for Summary Judgment & Opp'n to Defs.' MSJ 's 36-2, 36-3 by WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, JENNIFER HIGGINS, KEVIN K. MCALEENAN (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Platt, Steven) (Entered: 09/26/2019)

1 Memorandum in Support

View on PACER

2 Text of Proposed Order

View on PACER

Sept. 26, 2019 PACER
53

REPLY re 31 MOTION for Summary Judgment filed by WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, JENNIFER HIGGINS, KEVIN K. MCALEENAN. (See Docket Entry 49 to view document) (jf) (Entered: 09/30/2019)

Sept. 26, 2019 PACER

MINUTE ORDER granting 50 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Ketanji Brown Jackson on 9/27/2019. (lckbj1)

Sept. 27, 2019 PACER

MINUTE ORDER granting 39 Motion for Leave to File Amicus Curiae Brief. Signed by Judge Ketanji Brown Jackson on 9/27/2019. (lckbj1)

Sept. 27, 2019 PACER
54

SEALED Exhibit D re 49 Memorandum in Opposition filed by KEVIN K. MCALEENAN, JENNIFER HIGGINS, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II. (This document is SEALED and only available to authorized persons.)(zjf) (Entered: 10/01/2019)

Sept. 27, 2019 PACER
55

AMICUS BRIEF by TAHIRIH JUSTICE CENTER. (jf) (Entered: 10/01/2019)

Sept. 27, 2019 PACER

Order on Sealed Motion for Leave to File Document Under Seal

Sept. 28, 2019 PACER

Order on Motion for Leave to File

Sept. 28, 2019 PACER

Reply to (non-motion) Document

Sept. 30, 2019 PACER
56

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ANA, EMMA, JULIA, MARIA M. KIAKOMBUA, SOFIA (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order)(Alagesan, Deepa) (Entered: 10/01/2019)

Oct. 1, 2019 PACER

Order on Sealed Motion for Leave to File Document Under Seal

Oct. 3, 2019 PACER

MINUTE ORDER granting 56 Sealed Motion for Leave to File Document Under Seal. The Clerk is directed to seal ECF No. 36-3. Signed by Judge Ketanji Brown Jackson on 10/3/2019. (lckbj1) Modified on 10/8/2019, to correct spelling. (zgdf).

Oct. 3, 2019 PACER
57

REDACTED DOCUMENT- Corrected Exhibits A-Q to 36 MOTION for Summary Judgment & Opp'n to Defs.' MSJ, 38 Memorandum in Opposition, (replacing ECF No. 36-3) by ANA, EMMA, JULIA, MARIA M. KIAKOMBUA, SOFIA. (Alagesan, Deepa) (Entered: 10/03/2019)

Oct. 3, 2019 PACER
58

STATUS REPORT by WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, JENNIFER HIGGINS, KEVIN K. MCALEENAN (Attachments: # 1 Exhibit A - September 2019 Lesson Plan)(Platt, Steven) Modified event title on 10/10/2019 (znmw). (Entered: 10/09/2019)

Oct. 9, 2019 PACER
59

Memorandum in opposition to re 52 MOTION to Strike 36 MOTION for Summary Judgment & Opp'n to Defs.' MSJ 's 36-2, 36-3 filed by ANA, EMMA, JULIA, MARIA M. KIAKOMBUA, SOFIA. (Attachments: # 1 Text of Proposed Order)(Alagesan, Deepa) (Entered: 10/10/2019)

Oct. 10, 2019 PACER
60

REPLY to opposition to motion re 36 MOTION for Summary Judgment & Opp'n to Defs.' MSJ filed by ANA, EMMA, JULIA, MARIA M. KIAKOMBUA, SOFIA. (Cox, Justin) (Entered: 10/10/2019)

Oct. 10, 2019 PACER
61

ADMINISTRATIVE RECORD APPENDIX by ANA, EMMA, JULIA, MARIA M. KIAKOMBUA, SOFIA. (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 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 14, # 13 Exhibit 16, # 14 Exhibit 17, # 15 Exhibit 18, # 16 Exhibit 19, # 17 Exhibit 20, # 18 Exhibit 21, # 19 Exhibit 22, # 20 Exhibit 23, # 21 Exhibit 24, # 22 Exhibit 25, # 23 Exhibit 26, # 24 Exhibit 27, # 25 Exhibit 28, # 26 Exhibit 29)(Alagesan, Deepa) (Entered: 10/11/2019)

Oct. 11, 2019 PACER
62

MOTION for Leave to File Supplemental Pleading by ANA, EMMA, JULIA, MARIA M. KIAKOMBUA, SOFIA (Attachments: # 1 Exhibit Index, # 2 Exhibit 1 - Supplemented First Amended Complaint, # 3 Exhibit 2 - Redline from First Amended Complaint, # 4 Text of Proposed Order)(Cox, Justin) (Entered: 10/11/2019)

Oct. 11, 2019 PACER
63

REPLY to opposition to motion re 52 MOTION to Strike 36 MOTION for Summary Judgment & Opp'n to Defs.' MSJ 's 36-2, 36-3 filed by WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, JENNIFER HIGGINS, KEVIN K. MCALEENAN. (Platt, Steven) (Entered: 10/17/2019)

Oct. 17, 2019 PACER
64

Memorandum in opposition to re 62 MOTION for Leave to File Supplemental Pleading filed by WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, JENNIFER HIGGINS, KEVIN K. MCALEENAN. (Platt, Steven) (Entered: 10/17/2019)

Oct. 17, 2019 PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: June 25, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Asylum seekers from Angola, El Salvador, and Cuba.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

International Refugee Assistance Project (IRAP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

Attorney General of the United States, Federal

United States Citizen and Immigration Services, Federal

Refugee, Asylum and International Operations, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Immigration/Border:

Asylum - criteria

Asylum - procedure