Case: J.O.P. v. U.S. Department of Homeland Security

8:19-cv-01944 | U.S. District Court for the District of Maryland

Filed Date: July 1, 2019

Case Ongoing

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Case Summary

This case challenges the U.S. Citizenship and Immigration Services (USCIS) 2019 policy memorandum that instructed asylum officers to reassess whether applicants previously determined to be unaccompanied alien children (UACs) still met that definition at the time of application and, if not, to decline jurisdiction. On July 1, 2019, four unaccompanied children seeking asylum in the United States filed this lawsuit in the U.S. District Court for the District of Maryland. The plaintiffs sued the De…

On July 1, 2019, four unaccompanied children seeking asylum in the United States filed this lawsuit in the U.S. District Court for the District of Maryland. The plaintiffs sued the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) under the Administrative Procedure Act (APA).

Plaintiffs alleged that the policy retroactively stripped them of protections under the Trafficking Victims Protection Reauthorization Act (TVPRA) and created a filing deadline that did not exist at the time they submitted their claims, in violation of the APA and the Fifth Amendment. Represented by Goodwin Procter LLP, Kids in Need of Defense, the Catholic Legal Immigration Network, and Public Counsel, the plaintiffs sought declaratory and injunctive relief. On the day of filing, plaintiffs moved for a temporary restraining order. On August 2, 2019, the court, Judge George J. Hazel, granted the TRO, which was later converted to a preliminary injunction. 409 F.Supp.3d 367.

Subsequently, the plaintiffs filed an amended complaint adding U.S. Immigration and Customs Enforcement (ICE) as a defendant. The court denied the government’s motion to dismiss the amended complaint. 2020 WL 2932922.

On December 21, 2020, the court certified a class of individuals who had been designated UACs and filed asylum applications prior to the effective date of any lawful new policy, but whose applications remained pending. 228 F.R.D. 33. The court also granted plaintiffs’ motion to amend the preliminary injunction. The order enjoined USCIS from applying the 2019 policy to decline jurisdiction over class members’ asylum applications, barred the agency from deferring to EOIR determinations, and restricted ICE from seeking control of class members’ asylum claims during removal proceedings.

The parties proceeded through further discovery and motion practice, including filing an amended complaint. The government appealed the class certification order to the Fourth Circuit (No. 21-1187), but voluntarily dismissed that appeal in November 2024 following settlement. 2024 Wl 5515354.

In January 2022, the parties requested referral to mediation, which ultimately resulted in a joint motion for class-wide settlement approval filed in July 2024. On November 29, 2024, the court approved the settlement, dissolved the preliminary injunction, and entered final judgment. Under the agreement, USCIS rescinded the 2019 Redetermination Memo, reaffirmed initial jurisdiction over covered UAC asylum applications, and agreed not to execute removal orders until those applications were adjudicated. On December 23, 2024, plaintiffs moved for attorneys’ fees. (These were eventually granted, in July 2025. 2025 WL 1940353. The court found over $900,000 fees justified because the government’s implementation of the 2019 policy failed to provide the required notice and comment period, and because it was inappropriately applied retroactively. On September 16, 2025, the government appealed this order.)

Trump Administration Violates Settlement Agreement

Following the start of a new administration in April 2025, the plaintiffs filed an emergency motion to enforce the settlement. They alleged that ICE had removed a class member on March 15, 2025, under a presidential proclamation invoking the Alien Enemies Act (AEA). The class member, Cristian (a pseudonym), is a Venezuelan youth with a pending USCIS asylum application. On April 23, the court, now Judge Stephanie A. Gallagher, granted the enforcement motion. 779 F.Supp.3d 570. The court found that Cristian fell within the class definition and that the government’s removal of him prior to asylum adjudication violated Section III.I of the agreement. The court ordered ICE to “facilitate” Cristian’s return and enjoined the removal of any class members with pending asylum applications.

On May 4, 2025, the government moved to vacate the enforcement order, arguing that Cristian’s asylum claim was barred due to his designation as a member of the Venezuelan gang Tren de Aragua (TdA) and his prior felony conviction. USCIS had issued an “Indicative Asylum Decision” concluding that Cristian’s application would be denied. The court denied the motion to vacate but stayed the return order for two days to allow for appeal.

On May 8, the Fourth Circuit (No. 25-1519) granted an administrative stay of the return provision through May 15. On May 19, the court denied a broader stay in a split decision. Judge Benjamin, joined by Judge Gregory, upheld the district court’s enforcement order. 2025 WL 1431263. Judge Gregory also issued a concurrence suggesting that the underlying AEA proclamation was “plainly invalid.” Judge Richardson dissented, arguing that AEA removals fell outside the scope of the settlement and that “court-commanded negotiation with a foreign state” exceeded judicial authority.

The government will also sought an abeyance of appellate proceedings pending an indicative ruling from the district court. Though the government maintained that the court order was unlawful, because it has complied with the order, the injunction should be dissolved making the case moot. (The Fourth Circuit granted this motion on October 9, 2025.).

Back in the district court, the court ordered the government to file sworn status reports on steps taken to return Cristian. Because the government’s filings were vague and unresponsive, the court ordered expedited discovery. On June 5, 2025, the court directed the government to answer interrogatories, produce documents, and submit to two depositions. The court also required weekly sworn updates from knowledgeable officials.

The following month, the court issued a letter order noting that a UN human rights report—cited in parallel litigation in J.G.G. v. Trump—contained statements from the Salvadoran government disclaiming custody responsibility for deported Venezuelans, suggesting that the U.S. retained control. The court directed the government to explain why diplomatic negotiations were necessary to comply with the return order.

On August 14, 2025, the plaintiffs asked the court to find probable cause to hold defendants in contempt for intentionally violating the court ordered Settlement Agreement. Plaintiffs alleged that the government had failed to adequately update the court on Cristian’s whereabouts and had arranged for his release to Venezuela rather than return to the U.S.

The government filed its response on September 11, 2025. The government claimed that they could not simply request that El Salvador return Cristian to U.S. custody because he was under their sovereign authority and this was a matter of complex diplomatic relations traditionally carried out by the Secretary of State. Thus, the fact that the government facilitated talks between El Salvador and the Maduro Regime of Venezuela, with the agreement that the individual would be able to come back to the U.S. is sufficient to comply with the court's order. Additionally, the government claimed that it was not able to fully disclose information within status reports because of state secrets privileges.

On October 2, 2025, the plaintiffs notified the court that the government had removed six “potential” J.O.P. class members in violation of the settlement agreement. Three individuals were removed three months ago, but the government has not specified when the other removals occurred. The plaintiffs requested additional information from the government about these six individuals. Once they have that information, the plaintiffs expect that they will file motions seeking expedited relief.

Plaintiffs also filed a reply to the government's claims regarding the contempt motion. The plaintiffs contend that the court order was clearly and narrowly required the government to make a request to the El Salvador government to facilitate the release of Cristian to U.S. custody. Based on the record available and the government's omissions, plaintiffs claim that request was not made. Additionally, the plaintiffs take issue with the fact that government's failure to file timely status reports were a strategic choice to conceal real time events during the prisoner exchange. Especially given that the government conceded that it was partly out of fear of public scrutiny affecting the deal.

As of October 2025, the government maintains that it will facilitate Cristian’s return from Venezuela when he wishes to return. But the government has declined to confirm that it will not detain or remove him to a third country without due process if he chooses to return. The preliminary injunction remains in effect and discovery on enforcement is ongoing. Also, the attorneys fee appeal in the Fourth Circuit remains pending.

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Summary Authors

Nora Baty (10/10/2019)

Bogyung Lim (1/28/2020)

Rachel Kreager (4/7/2021)

Scott Shuchart (5/2/2025)

Clearinghouse (5/20/2025)

Brian Chen (8/6/2025)

Zainab Mustafa (10/1/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15867241/parties/jop-v-us-department-of-homeland-security/

Judge(s)

Attorney for Plaintiff

Blais, Elaine Herrmann (Massachusetts)

Attorney for Defendant

Attorney, Brandon Davis

Attorney, Yamileth G. (Maryland)

Bedestani, Erhan Bedestani (Maryland)

Boynton, Brian (Maryland)

Judge(s)

Gallagher, Stephanie A. (Maryland)

Hazel, George Jarrod (Maryland)

Attorney for Plaintiff

Blais, Elaine Herrmann (Massachusetts)

Burgess, Brian (District of Columbia)

DeJong, Kevin J. (Massachusetts)

Esq., Brian Timothy (Maryland)

Frederick, Sarah (Massachusetts)

Jackson, Kristen M. (California)

Lempel, Jesse

Mendez, Michelle N. (Maryland)

Perez-Sparks, Sierra (Maryland)

Ross, Mary Tanagho (California)

Santos, Jaime A. (Maryland)

Scholtz, Rebecca (Minnesota)

Shaw, Stephen (District of Columbia)

Shuchart, Scott (District of Columbia)

Wylegala, Wendy (New York)

Attorney for Defendant

Attorney, Brandon Davis

Attorney, Yamileth G. (Maryland)

Bedestani, Erhan Bedestani (Maryland)

Boynton, Brian (Maryland)

Davila, Yamileth G. (Maryland)

General, Brett A.

Habashi, Kelark Azer

Halaska, Alexander (Maryland)

Haven, Matthew A. (Maryland)

Ingebretsen, Richard Gordon (Maryland)

LeDuc, Vickie (Maryland)

Loucks, Allen (Maryland)

Mueller, Ruth Ann (Maryland)

Peachey, William Charles (Maryland)

Platt, Steven Albert (Maryland)

Roth, Jacob Moshe

Roth, Yaakov M.

Seamon, Matthew (Maryland)

Turcios, Victoria (Maryland)

Zeller, Brandon Davis (Maryland)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
8:19-cv-01944 21-01187	Docket [PACER]	Feb. 23, 2021	Feb. 23, 2021 Docket
1 8:19-cv-01944	Complaint	July 1, 2019	July 1, 2019 Complaint
54 8:19-cv-01944	Memorandum Opinion	Aug. 2, 2019	Aug. 2, 2019 Order/Opinion 409 F.Supp.3d 367
91 8:19-cv-01944	First Amended Complaint J.O.P vs U.S. Department of Homeland Security	Dec. 20, 2019	Dec. 20, 2019 Complaint
144 8:19-cv-01944	Order	Dec. 21, 2020	Dec. 21, 2020 Order/Opinion
143 8:19-cv-01944	Memorandum Opinion	Dec. 21, 2020	Dec. 21, 2020 Order/Opinion 338 F.R.D. 33
199-2 8:19-cv-01944	Settlement Agreement	July 30, 2024	July 30, 2024 Settlement Agreement
199 8:19-cv-01944	Joint Motion for Preliminary Approval of Class Action Settlement Agreement and to Amend the Class Definition	July 30, 2024	July 30, 2024 Settlement Agreement
205 8:19-cv-01944	Order Granting Joint Motion for Final Approval of Settlement Agreement	Nov. 25, 2024	Nov. 25, 2024 Order/Opinion
227-1 8:19-cv-01944	Class Counsel's Memorandum in Support of Their Emergency Motion to Enforce the Settlement Agreement	April 14, 2025	April 14, 2025 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
Proclamation - Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua President Donald Trump	Authorizing the immediate removal, without any opportunity for judicial review, of “all Venezuelan citizens 14 years of age or older who are members of [Tren de Aragua], are within the United States,…	March 15, 2025	March 15, 2025 https://www.whitehouse.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/15867241/jop-v-us-department-of-homeland-security/

Last updated Oct. 15, 2025, 5:54 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT J.O.P. et al. against All Defendants ( Filing fee $ 400 receipt number 0416-8101981.), filed by K.A.R.C., M.A.L.C., M.E.R.E., J.O.P..(Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 Clearinghouse
10	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Proposed Summons William Barr (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
11	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Proposed Summons USCIS (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
12	MOTION for Other Relief Permission to Proceed Under Pseudonym by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Text of Proposed Order Proposed Order)(Burgess, Brian) (Entered: 07/01/2019) 1 Memorandum in Support Memorandum in Support View on PACER 2 Text of Proposed Order Proposed Order View on PACER	July 1, 2019	July 1, 2019 PACER
13	(FILED IN ERROR - PER COUNSEL) MOTION for Temporary Restraining Order by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Text of Proposed Order Proposed Order)(Burgess, Brian) Modified on 7/2/2019 (jf3s, Deputy Clerk). (Entered: 07/01/2019) 1 Memorandum in Support Memorandum in Support View on RECAP 2 Text of Proposed Order Proposed Order View on PACER	July 1, 2019	July 1, 2019 PACER
14	MOTION for Temporary Restraining Order by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Supplement Proposed Order)(Burgess, Brian) (Entered: 07/01/2019) 1 Memorandum in Support Memorandum in Support View on RECAP 2 Supplement Proposed Order View on PACER	July 1, 2019	July 1, 2019 PACER
15	NOTICE re 14 Motion for TRO by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Declaration of Brian Burgess (Attachments: # 1 Appendix Appendix of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13, # 15 Exhibit Exhibit 14)(Burgess, Brian) Modified on 7/2/2019 (jf3s, Deputy Clerk). (Entered: 07/01/2019) 1 Appendix Appendix of Exhibits View on PACER 2 Exhibit Exhibit 1 View on PACER 3 Exhibit Exhibit 2 View on PACER 4 Exhibit Exhibit 3 View on PACER 5 Exhibit Exhibit 4 View on PACER 6 Exhibit Exhibit 5 View on PACER 7 Exhibit Exhibit 6 View on PACER 8 Exhibit Exhibit 7 View on PACER 9 Exhibit Exhibit 8 View on PACER 10 Exhibit Exhibit 9 View on PACER 11 Exhibit Exhibit 10 View on PACER 12 Exhibit Exhibit 11 View on PACER 13 Exhibit Exhibit 12 View on PACER 14 Exhibit Exhibit 13 View on PACER 15 Exhibit Exhibit 14 View on PACER	July 1, 2019	July 1, 2019 PACER
16	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 14 MOTION for Temporary Restraining Order J.O.P. Declaration (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
17	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 14 MOTION for Temporary Restraining Order E Lopez Declaration (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
18	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 14 MOTION for Temporary Restraining Order KRC Declaration (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
19	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 14 MOTION for Temporary Restraining Order MALC Declaration (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
2	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 1 Complaint Civil Cover Sheet (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
20	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 14 MOTION for Temporary Restraining Order MERE Declaration (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
3	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 1 Complaint Exhibits 1 through 8 (Attachments: # 1 Exhibit Exhibit 2, # 2 Exhibit Exhibit 3, # 3 Exhibit Exhibit 4, # 4 Exhibit Exhibit 5, # 5 Exhibit Exhibit 6, # 6 Exhibit Exhibit 7, # 7 Exhibit Exhibit 8)(Burgess, Brian) (Entered: 07/01/2019) 1 Exhibit Exhibit 2 View on PACER 2 Exhibit Exhibit 3 View on PACER 3 Exhibit Exhibit 4 View on PACER 4 Exhibit Exhibit 5 View on PACER 5 Exhibit Exhibit 6 View on PACER 6 Exhibit Exhibit 7 View on PACER 7 Exhibit Exhibit 8 View on PACER	July 1, 2019	July 1, 2019 PACER
4	-SEALED - NOTICE of Filing Under Seal Plaintiffs' Sealed Complaint by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Attachment SEALED COMPLAINT)(Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
5	MOTION to Seal Plaintiffs' Unredacted Complaint by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Text of Proposed Order Proposed Order)(Burgess, Brian) (Entered: 07/01/2019) 1 Text of Proposed Order Proposed Order View on PACER	July 1, 2019	July 1, 2019 PACER
6	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Proposed Summons of Kenneth T. Cuccinelli (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
7	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Proposed Summons DHS (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
8	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Proposed Summons Kevin K. McAleenan (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
9	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Proposed Summons Robert K. Hur (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
21	Summons Issued 60 days as to Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(jf3s, Deputy Clerk) (Entered: 07/02/2019) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER	July 2, 2019	July 2, 2019 PACER
22	Supplemental to 14 MOTION for Temporary Restraining Order filed by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Corrected Memorandum (Burgess, Brian) (Entered: 07/02/2019)	July 2, 2019	July 2, 2019 PACER
23	Supplemental to 12 MOTION for Other Relief Permission to Proceed Under Pseudonym filed by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Corrected Memorandum (Burgess, Brian) (Entered: 07/02/2019)	July 2, 2019	July 2, 2019 PACER
24	AFFIDAVIT of Service for All Case Initiating Documents, Summonses, Pleadings, Motions, Memoranda, and Proposed Orders served on United States Attorney Robert K. Hur, U.S. Attorney General William Barr, and All Named Defendants on July 3, 2019, filed by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E..(Burgess, Brian) (Entered: 07/03/2019)	July 3, 2019	July 3, 2019 PACER
25	MOTION to Appear Pro Hac Vice for Kevin J. DeJong (Filing fee $100, receipt number 0416-8110362.) by J.O.P.(Burgess, Brian) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
26	MOTION to Appear Pro Hac Vice for Sarah K. Frederick (Filing fee $100, receipt number 0416-8110422.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
27	MOTION to Appear Pro Hac Vice for Kristen Jackson (Filing fee $100, receipt number 0416-8110431.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
28	MOTION to Appear Pro Hac Vice for Mary Tanagho Ross (Filing fee $100, receipt number 0416-8110440.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
29	MOTION to Appear Pro Hac Vice for Rebecca Scholtz (Filing fee $100, receipt number 0416-8110451.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
30	MOTION to Appear Pro Hac Vice for Scott Shuchart (Filing fee $100, receipt number 0416-8110483.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
31	MOTION to Appear Pro Hac Vice for Wendy Wylegala (Filing fee $100, receipt number 0416-8110504.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
32	PAPERLESS ORDER granting 25 Motion to Appear Pro Hac Vice on behalf of Kevin Dejong. Directing attorney Kevin Dejong to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/12/2019. (srd, Deputy Clerk) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
33	PAPERLESS ORDER granting 26 Motion to Appear Pro Hac Vice on behalf of Sarah K Frederick. Attorney Sarah K Frederick will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 7/12/2019. (srd, Deputy Clerk) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
34	PAPERLESS ORDER granting 27 Motion to Appear Pro Hac Vice on behalf of Kristen Jackson. Directing attorney Kristen Jackson to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/12/2019. (srd, Deputy Clerk) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
35	PAPERLESS ORDER granting 28 Motion to Appear Pro Hac Vice on behalf of Mary Tanagho Ross. Directing attorney Mary Tanagho Ross to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/12/2019. (srd, Deputy Clerk) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
36	PAPERLESS ORDER granting 29 Motion to Appear Pro Hac Vice on behalf of Rebecca Scholtz. Directing attorney Rebecca Scholtz to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/12/2019. (srd, Deputy Clerk) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
37	PAPERLESS ORDER granting 30 Motion to Appear Pro Hac Vice on behalf of Scott Schuchart. Directing attorney Scott Schuchart to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/12/2019. (srd, Deputy Clerk) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
38	PAPERLESS ORDER granting 31 Motion to Appear Pro Hac Vice on behalf of Wendy Wylegala. Directing attorney Wendy Wylegala to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/12/2019. (srd, Deputy Clerk) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
39	SUMMONS Returned Executed by M.E.R.E., K.A.R.C., J.O.P., M.A.L.C.. All Defendants.(DeJong, Kevin) (Entered: 07/17/2019)	July 17, 2019	July 17, 2019 PACER
40	NOTICE of Appearance by Vickie LeDuc on behalf of All Defendants (LeDuc, Vickie) (Entered: 07/18/2019)	July 18, 2019	July 18, 2019 PACER
41	Correspondence re: hearing (LeDuc, Vickie) (Entered: 07/18/2019)	July 18, 2019	July 18, 2019 PACER
42	NOTICE of Appearance by Allen F Loucks on behalf of Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security (Loucks, Allen) (Entered: 07/18/2019)	July 18, 2019	July 18, 2019 PACER
43	Motion Hearing held on 7/19/2019 before Judge George Jarrod Hazel. re 14 MOTION for Temporary Restraining Order. (Court Reporter: Cindy Davis/4A) (ds2s, Deputy Clerk) (Entered: 07/19/2019)	July 19, 2019	July 19, 2019 PACER
44	Correspondence re: Hearing on Temporary Restraining Order (Burgess, Brian) (Entered: 07/21/2019)	July 21, 2019	July 21, 2019 RECAP
45	Substantive legal issues - addressing (LeDuc, Vickie) (Entered: 07/22/2019)	July 22, 2019	July 22, 2019 RECAP
46	MOTION to Appear Pro Hac Vice for Stephen Shaw (Filing fee $100, receipt number 0416-8141998.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/24/2019)	July 24, 2019	July 24, 2019 PACER
47	MOTION to Appear Pro Hac Vice for Elaine H. Blais (Filing fee $100, receipt number 0416-8142017.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/24/2019)	July 24, 2019	July 24, 2019 PACER
48	NOTICE of Appearance by Michelle N Mendez on behalf of All Plaintiffs (Mendez, Michelle) (Entered: 07/26/2019)	July 26, 2019	July 26, 2019 PACER
49	Supplemental Correspondence re: Hearing on Temporary Restraining Order (Attachments: # 1 Exhibit A)(Burgess, Brian) (Entered: 07/30/2019) 1 Exhibit A View on PACER	July 30, 2019	July 30, 2019 RECAP
50	PAPERLESS ORDER granting 46 Motion to Appear Pro Hac Vice on behalf of Stephen Shaw. Directing attorney Stephen Shaw to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/31/2019. (srd, Deputy Clerk) (Entered: 07/31/2019)	July 31, 2019	July 31, 2019 PACER
51	PAPERLESS ORDER granting 47 Motion to Appear Pro Hac Vice on behalf of Elaine Blais. Directing attorney Elaine Blais to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/31/2019. (srd, Deputy Clerk) (Entered: 07/31/2019)	July 31, 2019	July 31, 2019 PACER
52	NOTICE of Appearance by Scott Shuchart on behalf of All Plaintiffs (Shuchart, Scott) (Entered: 08/01/2019)	Aug. 1, 2019	Aug. 1, 2019 PACER
53	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motions Hearing for a TRO) held on July 19, 2019, before Judge George J. Hazel. Court Reporter Cindy Davis, Telephone number (301) 344-3228. Total number of pages filed: 86. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 8/22/2019. Redacted Transcript Deadline set for 9/3/2019. Release of Transcript Restriction set for 10/30/2019.(cd, Court Reporter) (Entered: 08/01/2019)	Aug. 1, 2019	Aug. 1, 2019 PACER
54	MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 8/2/2019. (kns, Deputy Clerk) (Entered: 08/02/2019)	Aug. 2, 2019	Aug. 2, 2019 Clearinghouse
55	ORDER granting 14 Plaintiffs' Motion for Temporary Restraining Order; granting 12 Plaintiffs' Motion to Proceed under Pseudonym and granting 46 & 47 Motions to Appear Pro Hac Vice. Signed by Judge George Jarrod Hazel on 8/2/2019. (kns, Deputy Clerk) (Entered: 08/02/2019)	Aug. 2, 2019	Aug. 2, 2019 RECAP
56	PAPERLESS CORRESPONDENCE Scheduling a conference call for August 13, 2019 at 9:30AM. Dial in instructions will be provided via email. (jw2s, Deputy Clerk) (Entered: 08/06/2019)	Aug. 6, 2019	Aug. 6, 2019 PACER
57	MOTION for Extension of Time to Comply with Court Order by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security (Attachments: # 1 Exhibit 1)(Haven, Matthew) (Entered: 08/09/2019) 1 Exhibit 1 View on PACER	Aug. 9, 2019	Aug. 9, 2019 PACER
58	RESPONSE in Opposition re 57 MOTION for Extension of Time to Comply with Court Order filed by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.. (Attachments: # 1 Exhibit A)(Burgess, Brian) (Entered: 08/12/2019) 1 Exhibit A View on PACER	Aug. 12, 2019	Aug. 12, 2019 PACER
59	Telephone Conference held on 8/13/2019 before Judge George Jarrod Hazel. (jw2s, Deputy Clerk) (Entered: 08/13/2019)	Aug. 13, 2019	Aug. 13, 2019 PACER
60	ORDER extending the Temporary Restraining Order issued at 55 until September 3, 2019. Signed by Judge George Jarrod Hazel on 8/13/2019. (jf3s, Deputy Clerk) (Entered: 08/13/2019)	Aug. 13, 2019	Aug. 13, 2019 PACER
61	NOTICE of Appearance by Wendy Wylegala on behalf of All Plaintiffs (Wylegala, Wendy) (Entered: 08/26/2019)	Aug. 26, 2019	Aug. 26, 2019 PACER
62	MOTION Extension of Temporary Restraining Order re 14 MOTION for Temporary Restraining Order by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 08/28/2019)	Aug. 28, 2019	Aug. 28, 2019 RECAP
63	PAPERLESS ORDER granting 62 MOTION Extension of Temporary Restraining Order. Signed by Judge George Jarrod Hazel on 8/28/2019. (jw2s, Deputy Clerk) (Entered: 08/28/2019)	Aug. 28, 2019	Aug. 28, 2019 PACER
64	Consent MOTION for Extension of Time to File Answer by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security(Loucks, Allen) (Entered: 09/19/2019)	Sept. 19, 2019	Sept. 19, 2019 PACER
65	MOTION Extension of Temporary Restraining Order re 14 MOTION for Temporary Restraining Order by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 09/20/2019)	Sept. 20, 2019	Sept. 20, 2019 RECAP
66	ORDER granting 65 Extension of Temporary Restraining Order re 14 MOTION for Temporary Restraining Order. Signed by Judge George Jarrod Hazel on 9/23/2019. (jf3s, Deputy Clerk) (Entered: 09/24/2019)	Sept. 23, 2019	Sept. 23, 2019 PACER
67	MOTION for Extension of Time by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(Loucks, Allen) (Entered: 10/01/2019) 1 Text of Proposed Order View on PACER	Oct. 1, 2019	Oct. 1, 2019 PACER
68	Amended MOTION for Extension of Time by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security(Loucks, Allen) (Entered: 10/01/2019)	Oct. 1, 2019	Oct. 1, 2019 PACER
69	ORDER granting 67 Defendant's Motion for Extension of Time. Signed by Judge George Jarrod Hazel on 10/4/2019. (jf3s, Deputy Clerk) (Entered: 10/08/2019)	Oct. 7, 2019	Oct. 7, 2019 PACER
70	MOTION for Preliminary Injunction by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 10/09/2019)	Oct. 9, 2019	Oct. 9, 2019 RECAP
71	ORDER Granting 70 Motion for Preliminary Injunction. Signed by Judge George Jarrod Hazel on 10/15/2019. (heps, Deputy Clerk) (Entered: 10/16/2019)	Oct. 15, 2019	Oct. 15, 2019 RECAP
72	MOTION for Extension of Time by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security(Loucks, Allen) (Entered: 11/08/2019)	Nov. 8, 2019	Nov. 8, 2019 PACER
73	MOTION to Dismiss or, in the Alternative, for Summary Judgment by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security (Attachments: # 1 Memorandum in Support)(Loucks, Allen) (Entered: 11/13/2019) 1 Memorandum in Support View on PACER	Nov. 13, 2019	Nov. 13, 2019 PACER
74	MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss, and to File an Amended Complaint (Unopposed) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Text of Proposed Order)(Burgess, Brian) (Entered: 11/21/2019) 1 Text of Proposed Order View on PACER	Nov. 21, 2019	Nov. 21, 2019 PACER
75	MOTION to Enforce Judgment by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Text of Proposed Order)(Burgess, Brian) (Entered: 11/22/2019) 1 Text of Proposed Order View on PACER	Nov. 22, 2019	Nov. 22, 2019 PACER
76	Memorandum re 75 MOTION to Enforce Judgment filed by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E..(Burgess, Brian) (Entered: 11/22/2019)	Nov. 22, 2019	Nov. 22, 2019 PACER
77	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 75 MOTION to Enforce Judgment Declaration of Kevin J. DeJong (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Burgess, Brian) (Entered: 11/22/2019) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER	Nov. 22, 2019	Nov. 22, 2019 PACER
78	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 75 MOTION to Enforce Judgment Declaration of Hector Vega (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Burgess, Brian) (Entered: 11/22/2019) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Nov. 22, 2019	Nov. 22, 2019 PACER
79	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 75 MOTION to Enforce Judgment Declaration of Jack Ross (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Burgess, Brian) (Entered: 11/22/2019) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	Nov. 22, 2019	Nov. 22, 2019 PACER
80	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 75 MOTION to Enforce Judgment Declaration of Miguel Mariscal (Attachments: # 1 Exhibit A)(Burgess, Brian) (Entered: 11/22/2019) 1 Exhibit A View on PACER	Nov. 22, 2019	Nov. 22, 2019 PACER
81	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 75 MOTION to Enforce Judgment Declaration of Lauren Esterle (Burgess, Brian) (Entered: 11/22/2019)	Nov. 22, 2019	Nov. 22, 2019 PACER
82	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 75 MOTION to Enforce Judgment Declaration of Jennifer Bibby-Girth (Burgess, Brian) (Entered: 11/22/2019)	Nov. 22, 2019	Nov. 22, 2019 PACER
	PAPERLESS ORDER granting 72 Motion for Extension of Time. Signed by Judge George Jarrod Hazel on 11/26/2019. (jw2s, Chambers)	Nov. 26, 2019	Nov. 26, 2019 PACER
	Order on Motion for Extension of Time	Nov. 26, 2019	Nov. 26, 2019 PACER
83	NOTICE of Change of Address by Brian Burgess (Burgess, Brian) (Entered: 12/05/2019)	Dec. 5, 2019	Dec. 5, 2019 PACER
84	Joint MOTION for Extension of Time to File by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Text of Proposed Order)(Burgess, Brian) (Entered: 12/06/2019) 1 Text of Proposed Order View on PACER	Dec. 6, 2019	Dec. 6, 2019 PACER
85	Paperless ORDER granting 84 Motion for Extension of Time to File Document. Signed by Judge George Jarrod Hazel on 12/6/2019. (jw2s, Chambers) (Entered: 12/06/2019)	Dec. 6, 2019	Dec. 6, 2019 PACER
86	Joint MOTION for Extension of Time (Corrected) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Text of Proposed Order)(Burgess, Brian) (Entered: 12/11/2019) 1 Text of Proposed Order View on PACER	Dec. 11, 2019	Dec. 11, 2019 PACER
87	Consent MOTION to Seal by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(Loucks, Allen) (Entered: 12/19/2019) 1 Text of Proposed Order View on PACER	Dec. 19, 2019	Dec. 19, 2019 PACER
88	RESPONSE in Opposition re 75 MOTION to Enforce Judgment filed by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security. (Attachments: # 1 Affidavit)(Loucks, Allen) (Entered: 12/19/2019) 1 Affidavit View on PACER	Dec. 19, 2019	Dec. 19, 2019 PACER
89	PAPERLESS ORDER granting 86 Motion for Extension of Time. Signed by Judge George Jarrod Hazel on 12/19/2019. (jw2s, Chambers) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019 PACER
90	PAPERLESS ORDER granting 87 Motion to Seal. Signed by Judge George Jarrod Hazel on 12/19/2019. (jw2s, Chambers) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019 PACER
91	AMENDED COMPLAINT against Kenneth Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad Wolf, U.S. Immigration and Customs Enforcement, Matthew T. Albence, filed by M.E.R.E., K.A.R.C., J.O.P., M.A.L.C., E.D.G.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Burgess, Brian) (Entered: 12/20/2019) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP 6 Exhibit 6 View on RECAP 7 Exhibit 7 View on RECAP	Dec. 20, 2019	Dec. 20, 2019 Clearinghouse
92	MOTION for Other Relief (Motion for Permission to Proceed Under Pseudonym and Omit Address) by E.D.G. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Burgess, Brian) (Entered: 12/20/2019) 1 Memorandum in Support View on PACER 2 Text of Proposed Order View on PACER	Dec. 20, 2019	Dec. 20, 2019 PACER
93	MOTION to Seal by E.D.G., J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Text of Proposed Order)(Burgess, Brian) (Entered: 12/20/2019) 1 Text of Proposed Order View on PACER	Dec. 20, 2019	Dec. 20, 2019 PACER
94	-SEALED - NOTICE of Filing Under Seal Plaintiffs' First Amended Complaint by E.D.G., J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 First Amended Complaint for Declaratory and Injunctive Relief)(Burgess, Brian) (Entered: 12/20/2019)	Dec. 20, 2019	Dec. 20, 2019 PACER
95	RESPONSE in Opposition re 73 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by E.D.G., J.O.P., K.A.R.C., M.A.L.C., M.E.R.E..(Burgess, Brian) (Entered: 12/20/2019)	Dec. 20, 2019	Dec. 20, 2019 RECAP
96	RESPONSE re 73 MOTION to Dismiss or, in the Alternative, for Summary Judgment (Declaration of Kevin J. DeJong in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss) filed by E.D.G., J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(DeJong, Kevin) (Entered: 12/20/2019) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER	Dec. 20, 2019	Dec. 20, 2019 PACER
97	NOTICE by E.D.G., J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Plaintiffs' Notice of Filing Proposed Summonses (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Burgess, Brian) (Entered: 12/26/2019) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Dec. 26, 2019	Dec. 26, 2019 PACER
98	Summons Issued 60 days as to Matthew T. Albence, U.S. Immigration and Customs Enforcement.(heps, Deputy Clerk) (Entered: 12/31/2019)	Dec. 31, 2019	Dec. 31, 2019 PACER

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Case Details

State / Territory: Maryland

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 1.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Reversing Course on Existing Litigation

Immigration

Key Dates

Filing Date: July 1, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals who (1) were determined to be an Unaccompanied Alien Child; and (2) who filed an asylum application that was pending with the USCIS; and (3) on the date they filed their asylum application with USCIS, were 18 years of age or older, or had a parent or legal guardian in the United States who is available to provide care and physical custody; and (4) for whom USCIS has not adjudicated the individual’s asylum application on the merit

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Counsel

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

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

Defendant Type(s):

Jurisdiction-wide