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

Clearinghouse coding complete

Case Summary

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 the U.S. Citizenship and Immigration Services (USCIS) under the Administrative Procedure Act (APA). The plaintiffs, represented by Goodwin Proctor LLP, Kids in Need of Defense, the Catholic Legal Immigration Network, and Public Counsel sought declaratory and injunctive relief…

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 the U.S. Citizenship and Immigration Services (USCIS) under the Administrative Procedure Act (APA). The plaintiffs, represented by Goodwin Proctor LLP, Kids in Need of Defense, the Catholic Legal Immigration Network, and Public Counsel sought declaratory and injunctive relief. The plaintiffs claimed that a new USCIS policy would retroactively strip them of protections granted under the Trafficking Victims Protection Reauthorization Act (TVPRA) in violation of the APA and the Fifth Amendment's due process clause. Specifically, they claimed that the new policy would act retroactively on individuals with pending asylum applications because it applied to any USCIS decision made after June 30, 2019. Additionally, the plaintiffs alleged that they could lose asylum eligibility because of the retroactive application of a filing deadline that did not exist when they filed their applications.

On July 1, 2019, the plaintiffs moved for a temporary restraining order to preserve the prior policy until the court considered the new policy's validity. On August 2, the court (Judge George J. Hazel) granted the motion for a temporary restraining order, which it later converted to a preliminary injunction.

On December 20, 2019, the plaintiffs filed an amended complaint, adding U.S. Immigration and Customs Enforcement (ICE) as a defendant. The defendants moved to dismiss the amended complaint for failure to state a claim against ICE on January 3, 2020. On June 3, 2020, the court denied defendant's motion to dismiss because it found the all of defendants' arguments within the motion to be "unpersuasive, premature, or unsupported by necessary evidence."

The plaintiffs then filed a motion to certify a class on June 15, 2020. Defining the class broadly, they sought to include all individuals nationwide who were subject to the challenged USCIS policy. The defendants filed their response in opposition to class certification on July 13.

On June 29, 2020, the court issued a scheduling order in which, the defendants were to release the administrative record that led up to the challenged policy's adoption, which they did on July 24. In light of ongoing conversations about deficiencies in the administrative record, the parties jointly filed a motion to stay the summary judgment briefing on August 10.

On December 21, 2020, the court granted the plaintiffs' motion for class certification and the motion to stay the summary judgment schedule. The court certified the following class: "certifies the following class: All individuals nationwide who prior to the effective date of a lawfully promulgated policy (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 merits."

The plaintiffs had additionally moved to amend the preliminary injunction on July 7, 2020. Regarding that motion, in the same December 21 opinion the court ordered that defendants are: (1) enjoined and restrained from relying on the policies set forth in the 2019 Redetermination Memorandum as a basis to decline jurisdiction over asylum applications of individuals previously determined to be unaccompanied alien children; (2) enjoined and restrained from rejecting jurisdiction over any asylum application filed by plaintiffs and members of the class whose applications would have been accepted under the 2013 policy; (3) enjoined and restrained from deferring to EOIR determinations in assessing jurisdiction over asylum applications filed by plaintiffs and members of the proposed class; and (4) enjoined and restrained during the removal proceedings of any plaintiff or member of the class (including EOIR proceedings before immigration judges and members of the Board of Immigration appeals) from seeking denials of continuances or other postponements in order to await adjudication of an asylum application that has been filed with USCIS, from seeking EOIR exercise of jurisdiction over any asylum claim where USCIS has initial jurisdiction under the terms of the 2013 policy, or from otherwise taking a position in such individual’s removal proceedings that USCIS does not have initial jurisdiction over the individual’s asylum application."

Subsequently, the plaintiffs filed an amended complaint on January 11, 2021; the defendants filed their answer on February 12, 2021.

On February 18, 2021, the defendants appealed the district court's decision to certify the class to the Fourth Circuit (21-1187). As of April 8, 2021, the Fourth Circuit has not yet issued an opinion.

The case is ongoing.

Summary Authors

Nora Baty (10/10/2019)

Bogyung Lim (1/28/2020)

Rachel Kreager (4/7/2021)

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)

Hazel, George Jarrod (Maryland)

Attorneys(s) for Plaintiff

Blais, Elaine Herrmann (Massachusetts)

Burgess, Brian (District of Columbia)

DeJong, Kevin J. (Massachusetts)

Frederick, Sarah (Massachusetts)

Jackson, Kristen M. (California)

Mendez, Michelle N. (Maryland)

Ross, Mary Tanagho (California)

Scholtz, Rebecca (Minnesota)

Shaw, Stephen (District of Columbia)

Judge(s)

Hazel, George Jarrod (Maryland)

Attorneys(s) for Plaintiff

Blais, Elaine Herrmann (Massachusetts)

Burgess, Brian (District of Columbia)

DeJong, Kevin J. (Massachusetts)

Frederick, Sarah (Massachusetts)

Jackson, Kristen M. (California)

Mendez, Michelle N. (Maryland)

Ross, Mary Tanagho (California)

Scholtz, Rebecca (Minnesota)

Shaw, Stephen (District of Columbia)

Shuchart, Scott (District of Columbia)

Wylegala, Wendy (New York)

Attorneys(s) for Defendant

Haven, Matthew A. (Maryland)

LeDuc, Vickie (Maryland)

Loucks, Allen (Maryland)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 23, 2021 Docket
1

Complaint

July 1, 2019 Complaint
54

Memorandum Opinion

409 F.Supp.3d 367

Aug. 2, 2019 Order/Opinion
91

First Amended Complaint

J.O.P vs U.S. Department of Homeland Security

Dec. 20, 2019 Complaint
143

Memorandum Opinion

338 F.R.D. 33, 2020 WL 7489017

Dec. 21, 2020 Order/Opinion

Docket

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

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

ECF Number Description 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 RECAP
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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 PACER
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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

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2 Exhibit Exhibit 3

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3 Exhibit Exhibit 4

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4 Exhibit Exhibit 5

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5 Exhibit Exhibit 6

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6 Exhibit Exhibit 7

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7 Exhibit Exhibit 8

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July 1, 2019 PACER
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-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 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

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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 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 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 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 PACER
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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 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 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

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2 Text of Proposed Order Proposed Order

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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

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2 Text of Proposed Order Proposed Order

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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

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2 Supplement Proposed Order

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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

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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7 Exhibit Exhibit 6

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10 Exhibit Exhibit 9

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11 Exhibit Exhibit 10

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12 Exhibit Exhibit 11

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13 Exhibit Exhibit 12

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14 Exhibit Exhibit 13

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15 Exhibit Exhibit 14

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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 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 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 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 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 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

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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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 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 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 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 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 PACER
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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 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 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 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 PACER
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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 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 PACER
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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 PACER
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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 PACER
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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 PACER
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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 PACER
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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 PACER
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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 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 PACER
40

NOTICE of Appearance by Vickie LeDuc on behalf of All Defendants (LeDuc, Vickie) (Entered: 07/18/2019)

July 18, 2019 PACER
41

Correspondence re: hearing (LeDuc, Vickie) (Entered: 07/18/2019)

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 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 PACER
44

Correspondence re: Hearing on Temporary Restraining Order (Burgess, Brian) (Entered: 07/21/2019)

July 21, 2019 RECAP
45

Substantive legal issues - addressing (LeDuc, Vickie) (Entered: 07/22/2019)

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 PACER
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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 PACER
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NOTICE of Appearance by Michelle N Mendez on behalf of All Plaintiffs (Mendez, Michelle) (Entered: 07/26/2019)

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

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July 30, 2019 RECAP
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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 PACER
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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 PACER
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NOTICE of Appearance by Scott Shuchart on behalf of All Plaintiffs (Shuchart, Scott) (Entered: 08/01/2019)

Aug. 1, 2019 PACER
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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 PACER
54

MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 8/2/2019. (kns, Deputy Clerk) (Entered: 08/02/2019)

Aug. 2, 2019 RECAP
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 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 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

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Aug. 9, 2019 PACER
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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

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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 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 PACER
61

NOTICE of Appearance by Wendy Wylegala on behalf of All Plaintiffs (Wylegala, Wendy) (Entered: 08/26/2019)

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 RECAP
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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 PACER
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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 PACER
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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 RECAP
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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 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

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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 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 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 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 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 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

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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

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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

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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 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

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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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

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2 Exhibit B

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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

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2 Exhibit B

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3 Exhibit C

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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

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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 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 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 PACER

Order on Motion for Extension of Time

Nov. 26, 2019 PACER
83

NOTICE of Change of Address by Brian Burgess (Burgess, Brian) (Entered: 12/05/2019)

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

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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 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

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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

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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

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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 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 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

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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Dec. 20, 2019 RECAP
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

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2 Text of Proposed Order

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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

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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 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 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

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2 Exhibit 2

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3 Exhibit 3

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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

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2 Exhibit B

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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 PACER

State / Territory: Maryland

Case Type(s):

Immigration and/or the Border

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: Pending

Defendants

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

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Issues

General:

Juveniles

Immigration/Border:

Asylum - procedure

Constitutional rights

Family Separation

Refugees

Status/Classification