Case: Irish International Immigrant Center, Inc. v. Cuccinelli

1:19-cv-11880 | U.S. District Court for the District of Massachusetts

Filed Date: Sept. 5, 2019

Closed Date: June 15, 2021

Clearinghouse coding complete

Case Summary

This case addressed the termination of an immigration program granting deferred action to seriously ill individuals.The Irish International Immigrant Center (a.k.a. the Rian Immigration Center) filed this lawsuit in the U.S. District Court for the District of Massachusetts on September 5, 2019. The plaintiff sued U.S. Citizenship and Immigration Services (USCIS) and President Trump under the Administrative Procedure Act (APA) and the Declaratory Judgment Act. Plaintiff sought injunctive and dec…

This case addressed the termination of an immigration program granting deferred action to seriously ill individuals.

The Irish International Immigrant Center (a.k.a. the Rian Immigration Center) filed this lawsuit in the U.S. District Court for the District of Massachusetts on September 5, 2019. The plaintiff sued U.S. Citizenship and Immigration Services (USCIS) and President Trump under the Administrative Procedure Act (APA) and the Declaratory Judgment Act. Plaintiff sought injunctive and declaratory relief claiming violations of the APA and the Fifth Amendment’s Equal Protection Clause. For decades, USCIS allowed people battling serious illnesses to request deferred action. In August 2019, the Trump Administration prohibited USCIS field offices from granting deferred action to the individuals who could ordinarily be protected by this program. The plaintiff alleged this prohibition was illegal. Plaintiff was represented by the ACLU of Massachusetts, Lawyers for Civil Rights, and private counsel. Judge Indira Talwani was assigned.

The parties jointly moved to stay the case on October 29, 2019. The parties sought a settlement or other nonjudicial resolution. The court granted the stay two days later. This followed the USCIS announcement that it would reinstate the deferred action program, but requests would only be granted “based on compelling facts and circumstances.”

Defendants filed a motion to dismiss on February 28, 2020. The defendants first argued that the court lacked subject-matter jurisdiction to review defendants' enforcement discretion. They also argued that the plaintiffs failed to state a claim under the Fifth Amendment. The motion was denied three days later. 2020 WL 6395575.

On June 15, 2021, plaintiff filed a notice of voluntary dismissal without prejudice regarding all claims in this case. As of July 13, 2021, no further reasoning was stated in the notice itself or on the ACLU of Massachusetts's website. This case is now closed.

Summary Authors

Peter Harding (10/30/2019)

Eric Gripp (7/13/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16156133/parties/rian-immigrant-center-v-cuccinelli/


Attorneys(s) for Plaintiff

Carroll, Robert D. (Massachusetts)

Lafaille, Adriana (Massachusetts)

Levy, Ira J. (New York)

Marino, Anthony M. (Massachusetts)

Nimni, Oren N. (Massachusetts)

Segal, Matthew (Massachusetts)

Walsh, Rachel (California)

Attorneys(s) for Defendant

Farquhar, Rayford A. (Massachusetts)

Attorneys(s) for Plaintiff

Carroll, Robert D. (Massachusetts)

Lafaille, Adriana (Massachusetts)

Levy, Ira J. (New York)

Marino, Anthony M. (Massachusetts)

Nimni, Oren N. (Massachusetts)

Segal, Matthew (Massachusetts)

Walsh, Rachel (California)

Attorneys(s) for Defendant

Farquhar, Rayford A. (Massachusetts)

Documents in the Clearinghouse

Document

Docket

June 15, 2021 Docket
1

Complaint

Sept. 5, 2019 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16156133/rian-immigrant-center-v-cuccinelli/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7861525 (Fee Status: Filing Fee paid), filed by Irish International Immigrant Center, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit 1, # 4 Exhibit 2)(Carroll, Robert) (Entered: 09/05/2019)

Sept. 5, 2019 RECAP
2

CORPORATE DISCLOSURE STATEMENT by Irish International Immigrant Center, Inc.. (Carroll, Robert) (Entered: 09/05/2019)

Sept. 5, 2019 PACER
3

ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) (Entered: 09/05/2019)

Sept. 5, 2019 PACER
4

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Currie, Haley) (Entered: 09/05/2019)

Sept. 5, 2019 PACER
5

NOTICE of Appearance by Adriana Lafaille on behalf of Irish International Immigrant Center, Inc. (Lafaille, Adriana) (Entered: 09/06/2019)

Sept. 6, 2019 PACER
6

NOTICE of Appearance by Matthew Segal on behalf of Irish International Immigrant Center, Inc. (Segal, Matthew) (Entered: 09/07/2019)

Sept. 7, 2019 PACER
7

MOTION for Leave to Appear Pro Hac Vice for admission of Rachel M. Walsh Filing fee: $ 100, receipt number 0101-7872586 by Irish International Immigrant Center, Inc.. (Attachments: # 1 Exhibit A- Certificate of Rachel M. Walsh)(Carroll, Robert) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
8

MOTION for Leave to Appear Pro Hac Vice for admission of Ira J. Levy Filing fee: $ 100, receipt number 0101-7872608 by Irish International Immigrant Center, Inc.. (Attachments: # 1 Exhibit A- Certificate of Ira J. Levy)(Carroll, Robert) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
9

Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 7 Motion for Leave to Appear Pro Hac Vice Added Rachel M. Walsh; ALLOWING 8 Motion for Leave to Appear Pro Hac Vice Added Ira J. Levy. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Vieira, Leonardo). (Entered: 09/12/2019)

Sept. 12, 2019 PACER

Order on Motion for Leave to Appear

Sept. 12, 2019 PACER
10

NOTICE of Appearance by Rayford A. Farquhar on behalf of Kenneth Cuccinelli, Kevin McAleenan, Secretary of the Department of Homeland Security, Transportation Security Administration, Michael J McCleary, Lori Pietropaoli, The Department of Homeland Security, Donald J Trump, U.S. Citizenship and Immigration Services (Farquhar, Rayford) (Entered: 09/23/2019)

Sept. 23, 2019 PACER
11

NOTICE of Scheduling Conference. Scheduling Conference set for 11/5/2019 03:00 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) (Entered: 10/08/2019)

Oct. 8, 2019 PACER
12

Joint MOTION to Stay by Irish International Immigrant Center, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Carroll, Robert) (Entered: 10/29/2019)

Oct. 29, 2019 RECAP
13

Judge Indira Talwani: ORDER entered granting 12 Motion to Stay. (MacDonald, Gail) (Entered: 10/31/2019)

Oct. 31, 2019 RECAP
14

ELECTRONIC NOTICE Canceling Hearing. Scheduling Conference set for 11/05/2019, is canceled. (MacDonald, Gail) (Entered: 10/31/2019)

Oct. 31, 2019 PACER
15

STATUS REPORT Jointly Filed by Plaintiff and by Kenneth Cuccinelli, Kevin McAleenan, Secretary of the Department of Homeland Security, Transportation Security Administration, Michael J McCleary, Lori Pietropaoli, The Department of Homeland Security, Donald J Trump, U.S. Citizenship and Immigration Services. (Attachments: # 1 Text of Proposed Order (Plaintiff's Proposal), # 2 Text of Proposed Order (Defendants' Proposal))(Thorp, Galen) (Entered: 01/27/2020)

Jan. 27, 2020 PACER
16

Judge Indira Talwani: ELECTRONIC ORDER entered: Electronic order administratively staying case for 30 days. The parties shall submit a jointly proposed briefing schedule for Defendants' anticipated motion to dismiss.(Kelly, Danielle) (Entered: 01/28/2020)

Jan. 28, 2020 PACER

Order

Jan. 28, 2020 PACER
17

NOTICE of Appearance by Galen N. Thorp on behalf of Kenneth Cuccinelli, Kevin McAleenan, Secretary of the Department of Homeland Security, Transportation Security Administration, Michael J McCleary, Lori Pietropaoli, The Department of Homeland Security, Donald J Trump, U.S. Citizenship and Immigration Services (Thorp, Galen) (Entered: 02/04/2020)

Feb. 4, 2020 PACER
18

Joint MOTION for Scheduling Order by Kenneth Cuccinelli, Kevin McAleenan, Secretary of the Department of Homeland Security, Transportation Security Administration, Michael J McCleary, Lori Pietropaoli, The Department of Homeland Security, Donald J Trump, U.S. Citizenship and Immigration Services. (Attachments: # 1 Text of Proposed Order)(Thorp, Galen) (Entered: 02/05/2020)

Feb. 5, 2020 PACER
19

Judge Indira Talwani: ORDER entered: ALLOWING 18 Joint MOTION for Scheduling Order. Please see attached Order. (Kelly, Danielle) (Entered: 02/07/2020)

Feb. 7, 2020 RECAP
20

MOTION to Dismiss by Kenneth Cuccinelli, Kevin K. McAleenan, Michael J McCleary, Lori Pietropaoli, The Department of Homeland Security, Donald J Trump, U.S. Citizenship and Immigration Services. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Thorp, Galen). Modified on 3/4/2020: Main document replaced to extract Memorandum in Support to properly file in separate entry. (Kelly, Danielle). (Entered: 02/28/2020)

Feb. 28, 2020 RECAP
21

NOTICE by Irish International Immigrant Center, Inc. Change of Party Name (Carroll, Robert) (Entered: 02/28/2020)

Feb. 28, 2020 PACER
22

MEMORANDUM in Support re 20 MOTION to Dismiss filed by Kenneth Cuccinelli, Kevin K. McAleenan, Michael J McCleary, Lori Pietropaoli, The Department of Homeland Security, Donald J Trump, U.S. Citizenship and Immigration Services.(Kelly, Danielle) (Entered: 03/04/2020)

Feb. 28, 2020 PACER
23

Judge Indira Talwani: ELECTRONIC ORDER entered. ORDER LIFTING STAY. (Kelly, Danielle) (Entered: 03/09/2020)

March 9, 2020 PACER

Order Lifting Stay

March 9, 2020 PACER
24

Consent MOTION for Extension of Time to April 3, 2020 to File Response/Reply by Rian Immigrant Center.(Carroll, Robert) (Entered: 03/19/2020)

March 19, 2020 PACER
25

Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 24 Motion for Extension of Time to File Response/Reply. Plaintiff opposition extended to April 3, 2020. Defendants reply extended to April 17, 2020. (Kelly, Danielle) (Entered: 03/20/2020)

March 20, 2020 PACER

Order on Motion for Extension of Time to File Response/Reply

March 20, 2020 PACER
26

Joint MOTION for Extension of Time to April 17, 2020 & May 8, 2020 to File Response/Reply by Rian Immigrant Center.(Levy, Ira) (Entered: 04/02/2020)

April 2, 2020 PACER
27

Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 26 Joint Motion for Extension of Time to File Response/Reply. Plaintiff opposition extended to April 17, 2020. Defendants reply extended to May 8, 2020. (Kelly, Danielle) (Entered: 04/03/2020)

April 3, 2020 PACER

Order on Motion for Extension of Time to File Response/Reply

April 3, 2020 PACER
28

Consent MOTION for Extension of Time to April 23, 2020 & May 14, 2020 to File Response/Reply by Rian Immigrant Center.(Levy, Ira) (Entered: 04/17/2020)

April 17, 2020 PACER
29

Judge Indira Talwani: ELECTRONIC ORDER entered granting 28 Motion for Extension of Time to File Response/Reply Responses due by 4/23/2020 Replies due by 5/14/2020. (Talwani, Indira) (Entered: 04/20/2020)

April 20, 2020 PACER

Order on Motion for Extension of Time to File Response/Reply

April 20, 2020 PACER
30

Opposition re 20 MOTION to Dismiss filed by Rian Immigrant Center. (Attachments: # 1 Exhibit A)(Levy, Ira) (Entered: 04/23/2020)

April 23, 2020 RECAP
31

REPLY to Response to 20 MOTION to Dismiss filed by Kenneth Cuccinelli, Michael J McCleary, Lori Pietropaoli, The Department of Homeland Security, Donald J Trump, U.S. Citizenship and Immigration Services. (Attachments: # 1 Exhibit C, # 2 Exhibit D, # 3 Exhibit E)(Thorp, Galen) (Entered: 05/14/2020)

May 14, 2020 PACER
32

Notice of Supplemental Authorities re 20 MOTION to Dismiss (Attachments: # 1 Exhibit A)(Thorp, Galen) (Entered: 06/22/2020)

June 22, 2020 PACER
33

MOTION for Leave to File Supplemental Record by Rian Immigrant Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Levy, Ira) (Entered: 06/22/2020)

June 22, 2020 PACER
34

Judge Indira Talwani: ELECTRONIC ORDER: On June 22, 2020, the government filed a document entitled "Notice of Subsequent Legal Development" 32 in which the government requests that the court address the argument in the pending Motion to Dismiss 20 that Plaintiff's Complaint 1 be dismissed as moot before determining whether to request supplemental briefing as to the government's alternative arguments. Counsel for the government shall confer with Plaintiff's counsel as required under Local Rule 7.1 and advise the court as to whether Plaintiff assents to or opposes this request. Also on June 22, 2020, Plaintiff filed a Motion for Leave to Supplement the Record 33 . In the body of the motion, Plaintiff states that Defendants oppose the motion, but in the Local Rule 7.1 certificate, counsel certifies that opposing counsel consents to the motion. Plaintiff shall file a corrected Motion clarifying whether the motion is assented to or opposed. (Kelly, Danielle) (Entered: 06/23/2020)

June 23, 2020 PACER
35

MOTION for Leave to File Supplemental Record (Corrected) by Rian Immigrant Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Levy, Ira) (Entered: 06/23/2020)

June 23, 2020 PACER

Order

June 23, 2020 PACER
36

Consent MOTION to Bifurcate Disposition of Defendants' Motion to Dismiss by Kenneth Cuccinelli, Kevin K. McAleenan, Michael J McCleary, Lori Pietropaoli, The Department of Homeland Security, Donald J Trump, U.S. Citizenship and Immigration Services. (Attachments: # 1 Text of Proposed Order)(Thorp, Galen) (Entered: 06/26/2020)

June 26, 2020 PACER
37

Judge Indira Talwani: ELECTRONIC ORDER GRANTING Defendants' Consent Motion to Bifurcate Disposition of Defendants Motion to Dismiss 36 . If the court does not dismiss this action as moot, Parties shall meet and confer and submit a joint status report within seven days of such order as to whether the parties request supplemental briefing to address Department of Homeland Security v. Regents of the University of California, No. 18-587, ___ S.Ct. ___, 2020 WL 3271746 (June 18, 2020), and if so, to propose a briefing schedule. (Kelly, Danielle) (Entered: 06/29/2020)

June 29, 2020 PACER

Order on Motion to Bifurcate

June 29, 2020 PACER
38

Consent MOTION for Leave to File Declaration Correcting Error in Prior Filing by Kenneth Cuccinelli, Kevin K. McAleenan, Michael J McCleary, Lori Pietropaoli, The Department of Homeland Security, Donald J Trump, U.S. Citizenship and Immigration Services. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Thorp, Galen) (Entered: 07/01/2020)

July 1, 2020 PACER
39

Judge Indira Talwani: ELECTRONIC ORDER: ALLOWING 38 Defendants' Consent Motion. Defendants are granted leave to file the Supplemental Declaration to correct error in prior filing; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) (Entered: 07/02/2020)

July 2, 2020 PACER
40

DECLARATION re 31 Reply to Response to Motion, (leave to file granted July 1, 2020) by Kenneth Cuccinelli, Kevin K. McAleenan, Michael J McCleary, Lori Pietropaoli, The Department of Homeland Security, Donald J Trump, U.S. Citizenship and Immigration Services. (Attachments: # 1 Exhibit - 3d Renaud Declaration)(Thorp, Galen) (Entered: 07/02/2020)

July 2, 2020 PACER

Order on Motion for Leave to File Document

July 2, 2020 PACER
41

MEMORANDUM in Opposition re 35 MOTION for Leave to File Supplemental Record (Corrected) filed by Kenneth Cuccinelli, Kevin K. McAleenan, Michael J McCleary, Lori Pietropaoli, The Department of Homeland Security, Donald J Trump, U.S. Citizenship and Immigration Services. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Thorp, Galen) (Entered: 07/06/2020)

July 6, 2020 PACER
42

Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER.Defendants' Motion to Dismiss 20 is DENIED insofar as it contends that this action should be dismissed for mootness and Plaintiff's Motion for Leave to File Supplemental Record 35 is DENIED without prejudice. Counsel shall meet and confer and submit a joint status report within seven days as to whether they request supplemental briefing to address Department of Homeland Security v. Regents of the University of California, 140 S.Ct. 1891 (2020), and if so, shall include a proposed briefing schedule. (Kelly, Danielle) (Entered: 11/02/2020)

Nov. 2, 2020 RECAP
43

MOTION for Extension of Time to November 16, 2020 to meet and confer, and file a Joint Status Report by Rian Immigrant Center.(Levy, Ira) (Entered: 11/06/2020)

Nov. 6, 2020 PACER
44

Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 43 Motion for Extension of Time to November 16, 2020 to meet and confer, and file a Joint Status Report. (Kelly, Danielle) (Entered: 11/09/2020)

Nov. 9, 2020 PACER

Order

Nov. 9, 2020 PACER
45

Joint MOTION to Stay by Rian Immigrant Center. (Attachments: # 1 Text of Proposed Order)(Levy, Ira) (Entered: 11/16/2020)

Nov. 16, 2020 PACER
46

Judge Indira Talwani: ORDER entered. Order Staying Case. Parties shall file a Joint Status Report on or before February 16, 2021. (Kelly, Danielle) (Entered: 11/17/2020)

Nov. 17, 2020 RECAP
47

STATUS REPORT Jointly Filed by Plaintiff and Defendants by Michael J McCleary, Lori Pietropaoli, The Department of Homeland Security, U.S. Citizenship and Immigration Services. (Attachments: # 1 Text of Proposed Order)(Thorp, Galen) (Entered: 02/16/2021)

Feb. 16, 2021 PACER
48

Judge Indira Talwani: ORDER entered. Order Extending Stay. Parties shall file a Joint Status Report on or before April 16, 2021. (Kelly, Danielle) (Entered: 02/17/2021)

Feb. 17, 2021 RECAP
49

MOTION to Withdraw Appearance by Oren N. Nimni (Nimni, Oren) Modified on 3/12/2021: Corrected event type & docket text to properly reflect document (Kelly, Danielle). (Entered: 03/11/2021)

March 11, 2021 PACER
50

Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 49 Motion to Withdraw as Attorney. Attorney Oren N. Nimni terminated. (Kelly, Danielle) (Entered: 03/15/2021)

March 15, 2021 PACER

Order on Motion to Withdraw as Attorney

March 15, 2021 PACER
51

NOTICE of Appearance by Srish Khakurel on behalf of Rian Immigrant Center (Khakurel, Srish) (Entered: 03/26/2021)

March 26, 2021 PACER
52

STATUS REPORT Jointly Filed by Plaintiff and by The Department of Homeland Security, U.S. Citizenship and Immigration Services. (Attachments: # 1 Text of Proposed Order)(Thorp, Galen) (Entered: 04/16/2021)

April 16, 2021 PACER
53

Judge Indira Talwani: ORDER entered. Order Extending Stay. Parties shall file a Joint Status Report on or before June 15, 2021. (Kelly, Danielle) (Entered: 04/20/2021)

April 20, 2021 PACER
54

NOTICE of Voluntary Dismissal by Rian Immigrant Center (Walsh, Rachel) (Entered: 06/15/2021)

June 15, 2021 RECAP

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Sept. 5, 2019

Closing Date: June 15, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Irish International Immigrant Center, Inc., a nonprofit immigrant rights organization in Boston, Massachusetts.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

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

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Government Services

Discrimination-basis:

Disability (inc. reasonable accommodations)

National origin discrimination

Disability:

disability, unspecified

Medical/Mental Health:

HIV/AIDS

Medical care, general

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - procedure

Status/Classification

Temporary protected status

Undocumented immigrants - rights and duties

Work authorization - procedures