Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: Capital Area Immigrants' Rights (CAIR) Coalition v. Trump; I.A. v. Barr

1:19-cv-02117 | U.S. District Court for the District of Columbia

Filed Date: July 16, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This Clearinghouse entry describes two consolidated lawsuits challenging the Trump Administration's new asylum rule, which reversed longstanding asylum laws that allow individuals to seek asylum in the U.S. regardless of how they arrive in the country. The first one was filed in July 2019 by Capital Area Immigrants’ Rights Coalition (CAIR) and Refugee and Immigrant Center for Education and Legal Services (RAICES), represented by Human Rights First and private counsel; the second was filed in Au…

This Clearinghouse entry describes two consolidated lawsuits challenging the Trump Administration's new asylum rule, which reversed longstanding asylum laws that allow individuals to seek asylum in the U.S. regardless of how they arrive in the country. The first one was filed in July 2019 by Capital Area Immigrants’ Rights Coalition (CAIR) and Refugee and Immigrant Center for Education and Legal Services (RAICES), represented by Human Rights First and private counsel; the second was filed in August 2019 by eight asylum seekers and the Tahirih Justice Center, represented by the ACLU Immigrant Rights Project. They were immediately consolidated and adjudication covered both together.

The first case was filed on July 16, 2019 by two immigrant advocacy organizations, Capital Area Immigrants’ Rights Coalition (CAIR) and Refugee and Immigrant Center for Education and Legal Services (RAICES). Proceeding in the U.S. District Court for the District of Columbia, the plaintiffs sued President Trump, the Department of Justice, and the Department of Homeland Security. The plaintiffs alleged that the defendants violated federal law and the Fifth Amendment by issuing an interim final rule barring asylum eligibility for individuals entering the U.S. via the southern border without first applying for protection in a third country through which they had traveled. The plaintiffs sought declaratory and injunctive relief under the Declaratory Judgment Act, the Administrative Procedure Act (APA), and the Mandamus Act. The case was assigned to Judge Timothy J. Kelly.

In their complaint, the plaintiffs emphasized that the defendants’ rule was promulgated absent a notice-and-comment period (in violation of the APA, they argued) and would deny asylum seekers access to the asylum procedures to which they are entitled under the Immigration and Nationality Act (INA). Specifically, the rule would create an assumption of ineligibility for asylum for all individuals entering the U.S. via the southern border after transiting through a third country, unless the individual can demonstrate that they applied for and were denied protection in a third country, or that they are a “victim of a severe form of trafficking in persons." The plaintiffs alleged that the rule was intentionally crafted to strip asylum eligibility from migrants fleeing persecution and violence across the southern border--namely, women, children, and other vulnerable populations. As organizations that provide services to asylum seekers, the plaintiffs claimed that the rule posed irreparable harm to their organizational missions.

On July 24, 2019, Judge Kelly made an oral ruling on the plaintiffs’ motion for a temporary restraining order. Finding that the plaintiffs failed to meet the irreparable harm requirement, Judge Kelly denied the plaintiffs’ motion. 2019 WL 3436501.

On the same day, in East Bay Sanctuary Covenant v. Barr, another case challenging the government’s new asylum rule, Judge Jon S. Tigar of the U.S. District Court for the Northern District of California granted the plaintiffs’ motion for a preliminary injunction, enjoining the rule nationwide. 385 F.Supp.3d 922. After some back-and-forth litigation, the Supreme Court stayed the injunction. 140 S.Ct. 3. Details of that ongoing case can be found here.

Meanwhile, in the present case, the plaintiffs filed an amended complaint on August 18, 2019. The amended complaint added individual plaintiffs ineligible for asylum under the rule, as well as the organization Human Rights First.

The parties also had agreed to hold the plaintiffs’ motion for a preliminary injunction in abeyance while the injunction entered in East Bay Sanctuary Covenant v. Barr remained in effect. However, once that injunction was stayed by the Supreme Court, the parties requested that the district court treat their briefs concerning the plaintiffs' motions for preliminary injunction as briefs in support of cross-motions for summary judgment. The district court heard oral argument on the motions on November 7, 2019.

On June 30, 2020, Judge Kelley granted plaintiffs’ motions for summary judgment, denied defendants’ cross-motions for summary judgment and vacated the interim rule. 2020 WL 3542481. In his opinion, Judge Kelley held that the defendants failed to comply with the Administrative Procedure Act’s notice-and-comment requirements and did not qualify for “good cause” or “foreign affairs function” exceptions to that requirement. Judge Kelley emphasized that the evidence the defendants’ relied on was exceedingly thin: “a single newspaper article that [did] not even directly address the key predictive judgment in question.” The defendants appealed the decision to the D.C. Court of Appeals.

Although the Interim final rule was vacated, it was superseded by a Final Rule issued through the notice-and-comment procedure with an effective date of January 19, 2021. 8 C.F.R. § 1208. Unless there additional litigation or the stay is lifted in East Bay Sanctuary Covenant v. Barr, the Final Rule would have the same effect as the Interim Rule that Judge Kelley vacated—in order for immigrants traveling through a third country en route to the United States to be granted asylum in the United States, they must demonstrate that they applied for protection from that third country and were denied.

As of December 22, 2020, the case remains ongoing.

Summary Authors

Sam Kulhanek (2/26/2020)

Becca Rogers (12/22/2020)

Related Cases

East Bay Sanctuary Covenant v. Barr, Northern District of California (2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/60413551/parties/capital-area-immigrants-rights-coalition-v-trump/


Judge(s)

Kelly, Timothy James (District of Columbia)

Attorneys(s) for Plaintiff

Appelbaum, Adina Bassim (District of Columbia)

Bernick, Justin W. (District of Columbia)

Briggs, Heather A (Virginia)

Govindaiah, Manoj (Texas)

Hagerty, Elizabeth (Colorado)

Hennadige, Mohan Warusha (New York)

Hoover, Craig Alan (District of Columbia)

Katyal, Neal Kumar (District of Columbia)

Reich, Mitchell P. (District of Columbia)

Judge(s)

Kelly, Timothy James (District of Columbia)

Attorneys(s) for Plaintiff

Appelbaum, Adina Bassim (District of Columbia)

Bernick, Justin W. (District of Columbia)

Briggs, Heather A (Virginia)

Govindaiah, Manoj (Texas)

Hagerty, Elizabeth (Colorado)

Hennadige, Mohan Warusha (New York)

Hoover, Craig Alan (District of Columbia)

Katyal, Neal Kumar (District of Columbia)

Reich, Mitchell P. (District of Columbia)

Schmidt, Thomas P. (New York)

Stottlemyer, Patricia (District of Columbia)

Vieux, Hardy (District of Columbia)

Welborn, Kaitlin (District of Columbia)

West, Michael J (District of Columbia)

Weymouth, Theodore Clark (District of Columbia)

Attorneys(s) for Defendant

Bingham, Lauren Crowell (District of Columbia)

Reuveni, Erez (District of Columbia)

Other Attorney(s)

Joseph, Lawrence J (District of Columbia)

Lamb, Kevin M. (District of Columbia)

Raffman, Mark S (District of Columbia)

Documents in the Clearinghouse

Document

1:19-cv-02117

Docket

Capital Area Immigrants' Rights Coalition v. Trump

Sept. 2, 2020

Sept. 2, 2020

Docket
1

1:19-cv-02117

Complaint for Declaratory Injunctive Relief

Capital Area Immigrants' Rights Coalition v. Trump

July 16, 2019

July 16, 2019

Complaint
28

1:19-cv-02117

Transcript of Oral Ruling Held Before the Honorable Timothy J. Kelly United States District Judge

Capital Area Immigrants' Rights Coalition v. Trump

July 24, 2019

July 24, 2019

Order/Opinion
37

1:19-cv-02117

Amended Complaint for Declaratory and Injunctive Relief

Capital Area Immigrants' Rights Coalition v. Trump

Aug. 18, 2019

Aug. 18, 2019

Complaint
72

1:19-cv-02117

1:19-cv-02530

Memorandum Opinion

Capital Area Immigrants' Rights Coalition v. Trump

June 30, 2020

June 30, 2020

Order/Opinion
71

1:19-cv-02117

1:19-cv-02530

Order

Capital Area Immigrants' Rights Coalition v. Trump

June 30, 2020

June 30, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60413551/capital-area-immigrants-rights-coalition-v-trump/

Last updated Sept. 6, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6258216) filed by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons)(Bernick, Justin) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
2

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:18-cv-2718; 1:18-cv-2838. (Bernick, Justin) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
3

MOTION for Temporary Restraining Order by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michelle Garza Pareja, # 3 Declaration of Claudia Cubas, # 4 Text of Proposed Order, # 5 Declaration of Counsel Regarding Compliance with Local Rule 65.1)(Bernick, Justin). Added MOTION for Preliminary Injunction on 7/18/2019 (znmw). (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
4

MOTION to Expedite Hearing by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (Attachments: # 1 Text of Proposed Order)(Bernick, Justin) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
5

NOTICE of Appearance by Erez Reuveni on behalf of All Defendants (Reuveni, Erez) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
6

RESPONSE re 2 NOTICE of Related Case by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, JOHN P. SANDERS, DONALD J. TRUMP, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Reuveni, Erez) Modified event title on 7/18/2019 (znmw). (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
7

RESPONSE TO ORDER TO SHOW CAUSE re Order,,, filed by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC.. (Bernick, Justin) Modified event title on 7/18/2019 (znmw). (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
8

CERTIFICATE OF SERVICE by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. re 7 Response to Order of the Court . (Bernick, Justin) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
9

NOTICE OF SUPPLEMENTAL AUTHORITY by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (Attachments: # 1 Exhibit A)(Bernick, Justin) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER

MINUTE ORDER: In filing the present action, Plaintiffs indicated that the matter should be designated as related to O.A. et al. v. Trump et al., 18-cv-2718, pursuant to Local Rule 40.5(a)(3). To ensure that the matter is properly assigned, Plaintiffs are hereby ORDERED to show cause before 7:00 p.m. July 17, 2019, why this case should be treated as related to O.A. v. Trump. Defendants may also file a brief before 7:00 p.m. today expressing their views on whether and, if so, why the cases should be treated as related. The Court recognizes that this is a very abbreviated schedule but has concluded that expedition is necessary in light of the pending motion for a temporary restraining order. Signed by Judge Randolph D. Moss on 7/17/2019. (lcrdm1, )

July 17, 2019

July 17, 2019

PACER

Case Assigned to Judge Randolph D. Moss. (zsb)

July 17, 2019

July 17, 2019

PACER
10

NOTICE of Appearance by Mitchell Pearsall Reich on behalf of CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (Reich, Mitchell) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
11

NOTICE of Appearance by Elizabeth Hagerty on behalf of All Plaintiffs (Hagerty, Elizabeth) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
12

Case randomly reassigned to Judge Christopher R. Cooper. Judge Randolph D. Moss is no longer assigned to the case. (rj) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
13

Case randomly reassigned to Judge Timothy J. Kelly. Judge Christopher R. Cooper is no longer assigned to the case. (rj) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
14

SUMMONS (14) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER

MINUTE ORDER: As discussed at the telephonic status conference held today, it is hereby ORDERED that Defendants shall file their opposition to Plaintiffs' 3 Motion for Temporary Restraining Order by July 20, 2019, at 10:00 a.m., and Plaintiffs shall file their reply in support of their motion by July 21, 2019, at 6:00 p.m. The parties shall appear for a hearing on Plaintiffs' motion for a temporary restraining order on July 22, 2019, at 2:00 p.m. in Courtroom 11. It is further ORDERED that Defendants shall file the administrative record as soon as practicable, and no later than July 23, 2019, at 8:00 p.m. In light of this order, Plaintiffs' 4 Motion for Expedited Hearing is hereby DENIED AS MOOT. Signed by Judge Timothy J. Kelly on 7/18/2019. (lctjk2)

July 18, 2019

July 18, 2019

PACER

Minute Entry for proceedings held before Judge Timothy J. Kelly: Telephone Status Conference held on 7/18/2019. Order to be issued by the court. Hearing on 3 MOTION for Temporary Restraining Order set for 7/22/2019 at 2:00 PM in Courtroom 11 before Judge Timothy J. Kelly. (Court Reporter: Patricia Kaneshiro-Miller) (kh)

July 18, 2019

July 18, 2019

PACER

MINUTE ORDER: The parties shall appear for a telephonic status conference today, July 18, 2019, at 4:30 p.m. to discuss Plaintiffs' 4 Motion for Expedited Hearing. The parties shall promptly contact the Courtroom Deputy at (202) 354-3495 to make arrangements to do so. Signed by Judge Timothy J. Kelly on 7/18/2019. (lctjk2)

July 18, 2019

July 18, 2019

PACER

MINUTE ORDER: Local Rule 40.5(a)(3) provides that "[c]ivil, including miscellaneous, cases are deemed related when the earliest is still pending on the merits in the District Court and they (i) relate to common property, or (ii) involve common issues of fact, or (iii) grow out of the same event or transaction or (iv) involve the validity or infringement of the same patent." "The fundamental rationale for the general rule requiring random assignment of cases is to ensure greater public confidence in the integrity of the judicial process. The rule guarantees fair and equal distribution of cases to all judges, avoids public perception or appearance of favoritism in assignments, and reduces opportunities for judge-shopping." Tripp v. Executive Office of the President, 196 F.R.D. 201, 202 (D.D.C. 2000) (Calendar Committee three-judge panel). Because the two cases at issue, O.A. et al. v. Trump et al., 18-cv-2718 and CAIR et al. v. Trump et al., 19-cv-2117, involve APA challenges to different interim final rules enacting different policies based on different administrative records, the Court has determined that they are not related for the purposes of Local Rule 40.5(a)(3). That the cases may involve some overlapping legal issues and similar factual contentions relating to standing does not change this conclusion. Thus, it is hereby ORDERED that this case shall be randomly reassigned pursuant to Local Rule 40.3(a). Signed by Judge Randolph D. Moss on 7/18/2019. (lcrdm1, )

July 18, 2019

July 18, 2019

PACER
15

NOTICE of Appearance by Scott Grant Stewart on behalf of All Defendants (Stewart, Scott) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
16

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/19/2019. Answer due for ALL FEDERAL DEFENDANTS by 9/17/2019. (Hagerty, Elizabeth) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
17

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION (Hagerty, Elizabeth) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
18

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (Hagerty, Elizabeth) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
19

MOTION for Leave to File A Brief Amicus Curiae by KIDS IN NEED OF DEFENSE (KIND) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Raffman, Mark) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
20

Memorandum in opposition to re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, JOHN P. SANDERS, DONALD J. TRUMP, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Reuveni, Erez) (Entered: 07/20/2019)

July 20, 2019

July 20, 2019

PACER
21

ADMINISTRATIVE RECORD by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, JOHN P. SANDERS, DONALD J. TRUMP, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Administrative Record Part 1, # 2 Administrative Record Part 2, # 3 Administrative Record Part 3, # 4 Administrative Record Part 4, # 5 Administrative Record Part 5, # 6 Administrative Record Part 6, # 7 Administrative Record Part 7, # 8 Administrative Record Part 8, # 9 Administrative Record Part 9)(Reuveni, Erez) (Entered: 07/20/2019)

July 20, 2019

July 20, 2019

PACER
22

REPLY to opposition to motion re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC.. (Bernick, Justin) (Entered: 07/21/2019)

July 21, 2019

July 21, 2019

PACER
23

NOTICE of Appearance by Kaitlin Welborn on behalf of All Plaintiffs (Welborn, Kaitlin) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
24

NOTICE of Appearance by T. Clark Weymouth on behalf of All Plaintiffs (Weymouth, T.) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
25

NOTICE of Appearance by Neal Kumar Katyal on behalf of All Plaintiffs (Katyal, Neal) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
26

NOTICE of Appearance by Manoj Govindaiah on behalf of REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (Govindaiah, Manoj) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER

Minute Entry for proceedings held before Judge Timothy J. Kelly: Motion Hearing held on 7/22/2019 re 3 MOTION for Temporary Restraining Order. Oral argument heard and taken under advisement. (Court Reporter: Timothy Miller) (kh)

July 22, 2019

July 22, 2019

PACER
27

NOTICE of Appearance by Lauren Crowell Bingham on behalf of MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, JOHN P. SANDERS, DONALD J. TRUMP, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Bingham, Lauren) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

PACER

MINUTE ORDER: It is hereby ORDERED that the parties shall appear for an oral ruling on Plaintiffs' 3 Motion for Temporary Restraining Order on July 24, 2019, at 10:00 a.m. in Courtroom 11. If counsel wish to appear telephonically, they shall contact the Courtroom Deputy at (202) 354-3495 to make arrangements to do so. Signed by Judge Timothy J. Kelly on 7/23/2019. (lctjk2)

July 23, 2019

July 23, 2019

PACER
28

TRANSCRIPT OF ORAL RULING before Judge Timothy J. Kelly held on 7-24-19; Page Numbers: 1-16; Date of Issuance: 7-24-19; Court Reporter: Timothy R. Miller, Telephone Number (202) 354-3111. 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 8/14/2019. Redacted Transcript Deadline set for 8/24/2019. Release of Transcript Restriction set for 10/22/2019.(Miller, Timothy) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER

Minute Entry for proceedings held before Judge Timothy J. Kelly: Oral Ruling held on 7/24/2019. For the reasons stated on the record in open court, Plaintiff's 3 MOTION for Temporary Restraining Order is DENIED. (Court Reporter: Timothy Miller) (kh)

July 24, 2019

July 24, 2019

PACER

MINUTE ORDER: Despite the Court's instruction at the oral ruling held on July 24, 2019, it is hereby ORDERED that the parties shall meet, confer, and file a joint status report no later than Monday, July 29, 2019, proposing how they would like to proceed in this matter. That report shall address, in particular, whether the Government, if it has not already done so, intends to seek a stay of the District Court for the Northern District of California's order entering a preliminary injunction in Case No. 19-cv-04073-JST, ECF No. 42, and further whether, in light of that order, the parties in this case will consent to holding Plaintiffs' 3 Motion for Preliminary Injunction in abeyance and proceed to summary judgment briefing on Plaintiffs' claims. It is further ORDERED that Defendants shall file their response to Movant KIND's 19 Motion for Leave to File an Amicus Brief by Monday, July 29, 2019. Signed by Judge Timothy J. Kelly on 7/25/2019. (lctjk2)

July 25, 2019

July 25, 2019

PACER
29

RESPONSE re 19 MOTION for Leave to File A Brief Amicus Curiae filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, JOHN P. SANDERS, DONALD J. TRUMP, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Reuveni, Erez) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

PACER
30

Joint STATUS REPORT by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC.. (Bernick, Justin) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

PACER

MINUTE ORDER: Upon consideration of the parties' 30 Joint Status Report, it is hereby ORDERED that the following schedule shall govern further proceedings: (1) Plaintiffs shall file their motion for summary judgment by August 27, 2019; (2) Defendants shall file their consolidated cross-motion for summary judgment and opposition to Plaintiffs' motion by September 17, 2019; (3) Plaintiffs shall file their consolidated reply in support of their motion and opposition to Defendants' cross-motion by September 24, 2019; (4) and Defendants shall file their reply in support of their cross-motion by October 1, 2019. The parties shall appear for a hearing on their motions on October 16, 2019, at 2:00 p.m. in Courtroom 11. Upon consent of the parties, the Court shall hold Plaintiffs' Motion for Preliminary Injunction in abeyance in light of the preliminary injunction entered by the District Court for the Northern District of California in East Bay Sanctuary Covenant v. Barr, Case No. 19-cv-4073-JST, ECF No. 42. Plaintiffs are, of course, entitled to renew their motion if that injunction is stayed or vacated in whole or in part. Signed by Judge Timothy J. Kelly on 7/30/2019. (lctjk2)

July 30, 2019

July 30, 2019

PACER
31

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Memorandum in Support, # 2 Amended Complaint, # 3 Declaration of J.M.M., # 4 Declaration of D.L.R., # 5 Declaration of Z.B.M., # 6 Declaration of Y.C.G., # 7 Declaration of M.Y.R.B., # 8 Declaration of K.M.V.M., # 9 Declaration of W.M.R.O., # 10 Declaration of C.C.R.O., # 11 Declaration of N.G.R.L., # 12 Text of Proposed Order, # 13 Certificate of Service)(Bernick, Justin) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
32

TRANSCRIPT OF TEMPORARY RESTRAINING ORDER HEARING before Judge Timothy J. Kelly held on 7-22-19; Page Numbers: 1-156; Date of Issuance: 8-9-19; Court Reporter: Timothy R. Miller, Telephone Number (202) 354-3111. 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 8/30/2019. Redacted Transcript Deadline set for 9/9/2019. Release of Transcript Restriction set for 11/7/2019.(Miller, Timothy) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
33

NOTICE of Appearance by Patricia Stottlemyer on behalf of All Plaintiffs (Stottlemyer, Patricia) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
34

NOTICE of Appearance by Hardy Vieux on behalf of All Plaintiffs (Vieux, Hardy) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
35

RESPONSE re 31 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (This document is SEALED and only available to authorized persons.) filed by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC.. (Bernick, Justin) (Entered: 08/16/2019)

Aug. 16, 2019

Aug. 16, 2019

PACER
36

MEMORANDUM OPINION & ORDER granting Plaintiffs' 31 Motion for Leave to File Using Pseudonyms and Under Seal. See Order for details. Signed by Judge Timothy J. Kelly on 8/18/2019. (lctjk2) (Entered: 08/18/2019)

Aug. 18, 2019

Aug. 18, 2019

PACER
37

AMENDED COMPLAINT against All Defendants filed by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, Z.B.M., C.C.R.O., Y.G.C., D.L.R., M.Y.R.B., N.G.R.L., Human Rights First, W.M.R.O., J.M.M., K.M.V.M..(Hagerty, Elizabeth) (Entered: 08/18/2019)

Aug. 18, 2019

Aug. 18, 2019

PACER
38

MEMORANDUM re 31 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (This document is SEALED and only available to authorized persons.) filed by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION by C.C.R.O., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.L.R., Human Rights First, J.M.M., K.M.V.M., M.Y.R.B., N.G.R.L., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., W.M.R.O., Y.G.C., Z.B.M.. (Hagerty, Elizabeth) (Entered: 08/18/2019)

Aug. 18, 2019

Aug. 18, 2019

PACER
39

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MATTHEW T. ALBENCE served on 7/22/2019; WILLIAM P. BARR served on 7/23/2019; KENNETH T. CUCCINELLI served on 7/22/2019; EXECUTIVE OFFICE FOR IMMIGRATION REVIEW served on 7/22/2019; KEVIN K. MCALEENAN served on 7/22/2019; JAMES MCHENRY served on 7/22/2019; JOHN P. SANDERS served on 7/22/2019; DONALD J. TRUMP served on 7/25/2019; U.S. CITIZENSHIP & IMMIGRATION SERVICES served on 7/22/2019; U.S. CUSTOMS & BORDER PROTECTION served on 7/22/2019; U.S. DEPARTMENT OF HOMELAND SECURITY served on 7/22/2019; U.S. DEPARTMENT OF JUSTICE served on 7/23/2019; U.S. IMMIGRATION & CUSTOMS ENFORCEMENT served on 7/23/2019 (Hagerty, Elizabeth) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
40

PROPOSED BRIEFING SCHEDULE re Order,,,,, Set Deadlines/Hearings,,,, by C.C.R.O., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.L.R., HUMAN RIGHTS FIRST, J.M.M., K.M.V.M., M.Y.R.B., N.G.R.L., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., W.M.R.O., Y.G.C., Z.B.M.. (Bernick, Justin) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
41

MOTION for Preliminary Injunction by C.C.R.O., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.L.R., HUMAN RIGHTS FIRST, J.M.M., K.M.V.M., M.Y.R.B., N.G.R.L., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., W.M.R.O., Y.G.C., Z.B.M. (Attachments: # 1 Memorandum in Support, # 2 Declaration (Supplemental) of Claudia Cubas, # 3 Declaration (Supplemental) of Michelle Garza Pareja, # 4 Declaration of Sharon McBride, # 5 Declaration of Lisa Frydman, # 6 Text of Proposed Order, # 7 Certificate of Service)(Bernick, Justin) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER

MINUTE ORDER: Upon consideration of the parties' 40 Joint Statement, it is hereby ORDERED that the following schedule shall govern further proceedings: (1) Defendants shall file their opposition to Plaintiffs' 41 Motion for Preliminary Injunction by August 28, 2019; (2) Plaintiffs shall file their reply by September 3, 2019; and (3) the parties shall appear for a hearing on Plaintiffs' motion on September 11, 2019, at 2:00 p.m. in Courtroom 11. The parties may, where feasible, incorporate by reference any arguments made in their briefing on Plaintiffs' motion for a temporary restraining order. Furthermore, Defendants are permitted to file a consolidated memorandum in opposition addressing both Plaintiffs' motion in this case and the plaintiffs' motion for a preliminary injunction in the related case, I.A. et al. v. Barr et al., Civil Action No. 19-2530, provided that Defendants file the memorandum on both dockets. It is further ORDERED that, upon the parties' request, the briefing schedule entered by the Court on July 30, 2019, concerning the parties' cross-motions for summary judgment is hereby held in abeyance pending resolution of Plaintiffs' renewed motion for a preliminary injunction. Signed by Judge Timothy J. Kelly on 8/22/2019. (lctjk2)

Aug. 22, 2019

Aug. 22, 2019

PACER
42

MOTION for Leave to File a Brief as Amicus Curiae by Professors of Immigration Law (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(Lamb, Kevin) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
43

RESPONSE re 41 MOTION for Preliminary Injunction filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, JOHN P. SANDERS, DONALD J. TRUMP, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Bingham, Lauren) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
44

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, JOHN P. SANDERS, DONALD J. TRUMP, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Bingham, Lauren) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
45

Consent MOTION for Leave to File Memorandum of Law in Support of Defendants as Amicus Curiae by IMMIGRATION REFORM LAW INSTITUTE (Attachments: # 1 Exhibit Proposed Amicus Memo of Law, # 2 Exhibit Exhibit to Proposed Memo, # 3 Text of Proposed Order Proposed Order)(Joseph, Lawrence) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
46

REPLY to opposition to motion re 41 MOTION for Preliminary Injunction filed by C.C.R.O., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.L.R., HUMAN RIGHTS FIRST, J.M.M., K.M.V.M., M.Y.R.B., N.G.R.L., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., W.M.R.O., Y.G.C., Z.B.M.. (Bernick, Justin) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
47

SEALED DOCUMENT (Exhibit A) filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, JOHN P. SANDERS, DONALD J. TRUMP, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. re 43 Response to motion,, filed by U.S. CUSTOMS & BORDER PROTECTION, KEVIN K. MCALEENAN, KENNETH T. CUCCINELLI, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT, DONALD J. TRUMP, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN P. SANDERS, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, MATTHEW T. ALBENCE, WILLIAM P. BARR, JAMES MCHENRY. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit N) (ztth) (Entered: 09/05/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER

MINUTE ORDER granting Defendants' 44 Unopposed Motion to File Exhibits Under Seal. In light of the Court's 36 Memorandum Opinion & Order and Defendants' obligations under 8 C.F.R. ยง 208.6, and upon consideration of the relevant factors set forth in United States v. Hubbard, 650 F.2d 293, 317-22 (D.C. Cir. 1980), including the fact that no party objects, it is hereby ORDERED that Defendants' motion is GRANTED. Exhibits A through O, attached to the motion as ECF No. 44-1 through ECF No. 44-15, the last of which the Court presumes is incorrectly marked Exhibit N, shall remain under seal. Signed by Judge Timothy J. Kelly on 9/4/2019. (lctjk2)

Sept. 4, 2019

Sept. 4, 2019

PACER
48

NOTICE of Appearance by Craig Alan Hoover on behalf of C.C.R.O., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.L.R., HUMAN RIGHTS FIRST, J.M.M., K.M.V.M., M.Y.R.B., N.G.R.L., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., W.M.R.O., Y.G.C., Z.B.M. (Hoover, Craig) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
49

PROPOSED BRIEFING SCHEDULE by C.C.R.O., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.L.R., HUMAN RIGHTS FIRST, J.M.M., K.M.V.M., M.Y.R.B., N.G.R.L., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., W.M.R.O., Y.G.C., Z.B.M.. (Bernick, Justin) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER

MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a telephonic status conference on September 10, 2019, at 9:00 a.m. The parties shall confer in light of the District Court for the Northern District of California's order reinstating the scope of injunctive relief in East Bay Sanctuary Covenant et al. v. Barr et al., Case No. 19-cv-04073-JST, ECF No. 73, and be prepared to discuss how they would like to proceed in this case. The parties shall promptly contact the Courtroom Deputy at (202) 354-3495 to make arrangements to do so. Signed by Judge Timothy J. Kelly on 9/9/2019. (lctjk2)

Sept. 9, 2019

Sept. 9, 2019

PACER

MINUTE ORDER: Consistent with the structure of the hearing on Plaintiffs' motion for a temporary restraining order, the Court plans to ask the parties a set of prepared questions at the consolidated hearing scheduled for September 11, 2019, on Plaintiffs' 41 Motion for Preliminary Injunction and the plaintiffs' comparable motion in the related case, I.A. et al. v. Barr et al., Civil Action No. 19-2530. Accordingly, and in light of the numerous common issues presented by the cases, it is hereby ORDERED that Plaintiffs shall confer with the plaintiffs in the related case to discuss a mutually agreeable plan for responding to the Court's questioning on those common issues. The Court will not tolerate duplicative arguments from both sets of plaintiffs. Signed by Judge Timothy J. Kelly on 9/9/2019. (lctjk2)

Sept. 9, 2019

Sept. 9, 2019

PACER

MINUTE ORDER: Upon consideration of the parties' 49 Joint Statement on Scheduling Concerning Plaintiffs' Motions for Preliminary Injunction, and in light of the renewed injunction issued by the District Court for the Northern District of California in East Bay Sanctuary Covenant et al. v. Barr et al., Case No. 19-cv-04073-JST, ECF No. 73, it is hereby ORDERED that Plaintiffs' 41 Motion for Preliminary Injunction is held in abeyance, and the hearing on that motion scheduled for September 11, 2019, is VACATED. Plaintiffs are entitled to renew their motion if that injunction is stayed or vacated in whole or in part. It is further ORDERED that within two days of the Supreme Court's decision on the application for a stay pending appeal in Barr et al. v. East Bay Sanctuary Covenant et al., No. 19A230, the parties shall promptly confer and propose a schedule concerning cross-motions for summary judgment. In light of this order, the telephonic status conference scheduled for September 10, 2019, is hereby VACATED. Signed by Judge Timothy J. Kelly on 9/9/2019. (lctjk2)

Sept. 9, 2019

Sept. 9, 2019

PACER

MINUTE ORDER: It is hereby ORDERED that the deadline to submit a joint proposed schedule concerning cross-motions for summary judgment is EXTENDED to September 16, 2019. Signed by Judge Timothy J. Kelly on 9/13/2019. (lctjk2)

Sept. 13, 2019

Sept. 13, 2019

PACER
50

PROPOSED BRIEFING SCHEDULE by C.C.R.O., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.L.R., HUMAN RIGHTS FIRST, J.M.M., K.M.V.M., M.Y.R.B., N.G.R.L., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., W.M.R.O., Y.G.C., Z.B.M.. (Bernick, Justin) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
51

NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 19-cv-2773. (Reuveni, Erez) (Main Document 51 replaced on 9/18/2019) (znmw). (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER

MINUTE ORDER: Upon consideration of the parties' 50 Joint Statement on Scheduling, it is hereby ORDERED that the parties' briefs concerning Plaintiffs' 41 Motion for Preliminary Injunction shall be treated as cross-motions for summary judgment. The following schedule shall govern further proceedings as to those cross-motions: (1) each party shall file a statement of undisputed material facts by September 30, 2019; (2) each party shall file a response to the opposing party's statement of undisputed material facts by October 11, 2019; (3) Defendants shall file their consolidated supplemental brief by October 16, 2019; (4) Plaintiffs shall file their supplemental brief by October 23, 2019; and (5) the parties shall appear for a hearing on their cross-motions for summary judgment on October 28, 2019, at 2:00 p.m. in Courtroom 11. Upon the parties' joint request, and because Defendants intend to raise threshold jurisdictional issues in their supplemental briefing, it is further ORDERED that Defendants' deadline to answer the 37 Amended Complaint is STAYED pending further order of the Court. Signed by Judge Timothy J. Kelly on 9/18/2019. (lctjk2)

Sept. 18, 2019

Sept. 18, 2019

PACER
52

SUPPLEMENTAL MEMORANDUM re 41 Statement of Undisputed Material Facts from Defendants. (Attachments: # 1 Exhibit Declaration of Elizabeth Burgus, # 2 Exhibit N.B. Redacted Interview Notice)(Bingham, Lauren) Modified event title and link on 10/3/2019 (znmw). (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER
53

SUPPLEMENTAL MEMORANDUM re 41 Statement of Undisputed Material Facts from Plaintiffs. (Bernick, Justin) Modified event title and link on 10/3/2019 (znmw). (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER
54

NOTICE of correction and mootness by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, JOHN P. SANDERS, DONALD J. TRUMP, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Exhibit)(Reuveni, Erez) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
55

SUPPLEMENTAL MEMORANDUM to re 52 Civil Statement, (corrected) filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, JOHN P. SANDERS, DONALD J. TRUMP, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Reuveni, Erez) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
56

RESPONSE re 53 Civil Statement filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, JOHN P. SANDERS, DONALD J. TRUMP, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Reuveni, Erez) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
57

RESPONSE re 55 Supplemental Memorandum, (Civil Statement) filed by C.C.R.O., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.L.R., HUMAN RIGHTS FIRST, J.M.M., K.M.V.M., M.Y.R.B., N.G.R.L., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., W.M.R.O., Y.G.C., Z.B.M.. (Attachments: # 1 Declaration of Kaitlin Welborn, # 2 Declaration of Prajakta Sonalker, # 3 Certificate of Service)(Hagerty, Elizabeth) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
58

SUPPLEMENTAL MEMORANDUM to support motion for summary judgment filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, JOHN P. SANDERS, DONALD J. TRUMP, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Reuveni, Erez) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
59

SUPPLEMENTAL MEMORANDUM to Support Summary Judgment filed by C.C.R.O., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.L.R., HUMAN RIGHTS FIRST, J.M.M., K.M.V.M., M.Y.R.B., N.G.R.L., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., W.M.R.O., Y.G.C., Z.B.M.. (Bernick, Justin) (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

PACER

MINUTE ORDER: The hearing on the parties' cross-motions for summary judgment scheduled for October 28, 2019, at 2:00 PM is hereby CONTINUED to November 4, 2019, at 2:00 PM. Should the parties have a scheduling conflict, they shall jointly contact the Courtroom Deputy as soon as practicable to reschedule to a mutually agreeable date and time. Signed by Judge Timothy J. Kelly on 10/24/19. (lctjk2)

Oct. 24, 2019

Oct. 24, 2019

PACER

NOTICE of Hearing: The Motion Hearing currently set for 11/4/2019 is RESCHEDULED for 11/7/2019 at 2:30 PM in Courtroom 11 before Judge Timothy J. Kelly. (zkh)

Oct. 28, 2019

Oct. 28, 2019

PACER

Minute Entry for proceedings held before Judge Timothy J. Kelly: Motion Hearing held on 11/7/2019 re 41 cross motions for Summary Judgment. Oral argument heard and taken under advisement. (Court Reporter: Timothy Miller) (zkh)

Nov. 7, 2019

Nov. 7, 2019

PACER
60

NOTICE of Appearance by Thomas P. Schmidt on behalf of All Plaintiffs (Schmidt, Thomas) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
61

NOTICE OF WITHDRAWAL OF APPEARANCE as to C.C.R.O., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.L.R., HUMAN RIGHTS FIRST, J.M.M., K.M.V.M., M.Y.R.B., N.G.R.L., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., W.M.R.O., Y.G.C., Z.B.M.. Attorney Elizabeth Hagerty terminated. (Hagerty, Elizabeth) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER
62

TRANSCRIPT OF PROCEEDINGS before Judge Timothy J. Kelly held on November 7, 2019; Page Numbers: 1-89. Date of Issuance:January 28, 2020. Court Reporter/Transcriber Timothy R. Miller, RPR, CRR, NJ-CCR, Telephone number (202) 354-3111, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased fro m 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.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. Redaction Request due 2/18/2020. Redacted Transcript Deadline set for 2/28/2020. Release of Transcript Restriction set for 4/27/2020.(ztnr) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

PACER
63

NOTICE OF SUPPLEMENTAL AUTHORITY by C.C.R.O., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.L.R., HUMAN RIGHTS FIRST, J.M.M., K.M.V.M., M.Y.R.B., N.G.R.L., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., W.M.R.O., Y.G.C., Z.B.M. (Bernick, Justin) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
64

NOTICE of Upcoming Removal by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (Bingham, Lauren) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER

MINUTE ORDER: Upon consideration of Defendants' 64 Notice of Upcoming Removal, if Plaintiff J.M.M. intends to file a response to the Notice, Plaintiff J.M.M. shall do so by March 24, 2020, at 5:00 p.m. Signed by Judge Timothy J. Kelly on 3/23/2020. (lctjk1)

March 23, 2020

March 23, 2020

PACER
65

RESPONSE TO ORDER OF THE COURT re Order,, Set Deadlines, filed by C.C.R.O., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.L.R., HUMAN RIGHTS FIRST, J.M.M., K.M.V.M., M.Y.R.B., N.G.R.L., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., W.M.R.O., Y.G.C., Z.B.M.. (Attachments: # 1 Declaration)(Bernick, Justin) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER
66

RESPONSE re 63 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, JOHN P. SANDERS, DONALD J. TRUMP, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Bingham, Lauren) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
67

MOTION to Withdraw as Attorney Kaitlin Welborn by C.C.R.O., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.L.R., HUMAN RIGHTS FIRST, J.M.M., K.M.V.M., M.Y.R.B., N.G.R.L., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., W.M.R.O., Y.G.C., Z.B.M. (Welborn, Kaitlin) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER

MINUTE ORDER granting Plaintiffs' 67 Motion to Withdraw. It is hereby ORDERED that attorney Kaitlin Welborn is withdrawn as counsel of record for Plaintiffs. Signed by Judge Timothy J. Kelly on 4/24/2020. (lctjk1)

April 24, 2020

April 24, 2020

PACER
68

AMICUS BRIEF by KIDS IN NEED OF DEFENSE (KIND). (Attachment: # 1 Declaration) (ztth) (Entered: 06/03/2020)

June 1, 2020

June 1, 2020

PACER
69

AMICUS BRIEF by PROFESSORS OF IMMIGRATION LAW. (ztth) (Entered: 06/03/2020)

June 1, 2020

June 1, 2020

PACER
70

AMICUS BRIEF by IMMIGRATION REFORM LAW INSTITUTE. (Attachment: # 1 Exhibit - A) (ztth) (Entered: 06/03/2020)

June 1, 2020

June 1, 2020

PACER

MINUTE ORDER granting the 19, 42, and 45 Motions for Leave to File Amicus Curiae Briefs. It is hereby ORDERED that the accompanying briefs and any exhibits thereto shall be deemed filed. The Court shall not consider any portions that offer or rely on extra-record evidence. See IMS, P.C. v. Alvarez, 129 F.3d 618, 624 (D.C. Cir. 1997) (noting that to consider extra-record evidence now would be to permit ex post supplementation of the record, which is not consistent with the prevailing standards of agency review). Signed by Judge Timothy J. Kelly on 6/1/2020. (lctjk1)

June 1, 2020

June 1, 2020

PACER
71

ORDER granting Plaintiffs' 41 Motion for Summary Judgment, denying Defendants' 43 Cross-Motion for Summary Judgment, and vacating the interim final rule. See Order for details. Signed by Judge Timothy J. Kelly on 6/30/2020. (lctjk1) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
72

MEMORANDUM OPINION in support of 71 Order granting Plaintiffs' 41 Motion for Summary Judgment, denying Defendants' 43 Cross-Motion for Summary Judgment, and vacating the interim final rule. Signed by Judge Timothy J. Kelly on 6/30/2020. (lctjk1) (Main Document 72 replaced on 7/7/2020) (zkh). (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
73

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 72 Memorandum & Opinion, 71 Order by U.S. CUSTOMS & BORDER PROTECTION, JAMES MCHENRY, WILLIAM P. BARR, DONALD J. TRUMP, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, MATTHEW T. ALBENCE, KEVIN K. MCALEENAN, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT, U.S. DEPARTMENT OF JUSTICE, KENNETH THOMAS CUCCINELLI, II, U.S. CITIZENSHIP & IMMIGRATION SERVICES, JOHN P. SANDERS. Fee Status: No Fee Paid. Parties have been notified. (Reuveni, Erez) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
74

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 73 Notice of Appeal to DC Circuit Court. (zjf) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER

USCA Case Number 20-5273 for 73 Notice of Appeal to DC Circuit Court,, filed by U.S. CUSTOMS & BORDER PROTECTION, KEVIN K. MCALEENAN, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT, DONALD J. TRUMP, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. DEPARTMENT OF JUSTICE, JOHN P. SANDERS, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, MATTHEW T. ALBENCE, WILLIAM P. BARR, JAMES MCHENRY, KENNETH THOMAS CUCCINELLI, II. (zrdj)

Sept. 2, 2020

Sept. 2, 2020

PACER
75

MOTION to Withdraw as Attorney (Scott G. Stewart) by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN P. SANDERS, DONALD J. TRUMP, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Reuveni, Erez) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: July 16, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Capital Area Immigrants’ Rights Coalition, Refugee and Immigrant Center for Education and Legal Services, Inc., Human Rights First, and individuals ineligible for asylum.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Human Rights First

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

U.S. Department of Justice, 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.

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

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Asylum - criteria

Asylum - procedure