Case: Asylum Seeker Advocacy Project v. Barr

1:19-cv-06443 | U.S. District Court for the Southern District of New York

Filed Date: July 11, 2019

Closed Date: Nov. 21, 2019

Clearinghouse coding complete

Case Summary

On July 11, 2019, a group of organizations dedicated to helping immigrant families and children including Asylum Seeker Advocacy Project, Central American Resource Center – LA, Immigrant Defenders Law Center, and Public Counsel filed this lawsuit, pro se, in United States District Court for the Southern District of New York. The plaintiffs, sued Attorney General William Barr, the directors of Homeland Security and U.S. Immigration and Customs Enforcement (ICE), and other U.S. officials under E…

On July 11, 2019, a group of organizations dedicated to helping immigrant families and children including Asylum Seeker Advocacy Project, Central American Resource Center – LA, Immigrant Defenders Law Center, and Public Counsel filed this lawsuit, pro se, in United States District Court for the Southern District of New York. The plaintiffs, sued Attorney General William Barr, the directors of Homeland Security and U.S. Immigration and Customs Enforcement (ICE), and other U.S. officials under Ex Parte Young and the Immigration and Nationality Act. The plaintiffs claimed that the defendants violated the due process of the Fifth Amendment by entering removal orders without first affording unrepresented immigrant families proper notice of a hearing or a meaningful opportunity to be heard. In addition, the plaintiffs alleged that the defendants violated the refugee-protection provisions of the Immigration and Nationality Act and its prohibition on removal to a country where the individual would face persecution or torture. Represented by the ACLU of Southern California, New York Civil Liberties Union, and private counsel, the plaintiffs sought declaratory and injunctive relief and attorneys’ fees and costs. They sought a declaration and corresponding injunctive order that, under the due process clause, “all currently unrepresented families and children who were ordered removed in absentia on or after May 1, 2014 are entitled, prior to their physical removal, to . . . a hearing before an immigration judge” and, in advance of the hearing, to access to their immigration files and certain related records.

Specifically, the plaintiffs claimed that thousands of immigrant families, mostly from El Salvador, Guatemala, and Honduras, were in danger of deportation during rumored en masse arrests in the summer of 2019. These families had all arrived to the United States within the past 5 years and claimed asylum, but never had their claims for asylum and related relief heard by an immigration judge. Instead, they were ordered deported in absentia for failing to appear at their hearings. The plaintiffs claimed that these orders violated the refugees’ due process rights as they had little to no notice of the hearings. According to the plaintiffs, hearing notices were frequently sent to the wrong address, sent with no date or time specified, or specified for dates and times (including weekends) when no hearings could actually take place, or dates that did not exist, such as September 31. When notices were sent to the right address for the right time, the plaintiffs alleged the notices were sent too late and for locations far from the immigrants’ homes. This meant that immigrants received the notice days after the hearings, or were forced to travel across the country on only a few days’ notice. Finally, deportation in absentia was ordered on multiple children, who could not read English had no control over whether they could attend their own hearings. The plaintiffs argue that the process by which unrepresented immigrants may challenge the removal orders, by filing a written motion to reopen, is effectively unavailable to those who speak limited English and lack the capacity to read, understand, and comply with the requirements for writing and filing a motion to reopen.

On July 16, 2019, the plaintiffs moved for an expedited discovery process due to the imminent harm that could come to the immigrant families. District Judge Jesse M. Furman granted the motion and ordered counsel for all parties to meet on July 18th. Judge Furman issued an opinion on July 17, 2019 lifting the usual limitations on remote electronic access to the court docket for actions related to an order of removal.

The defendants filed a motion to dismiss for lack of jurisdiction on July 24, 2019. The defendants claimed that the court lacked jurisdiction under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The defendants argued the claims should be dismissed because under the IIRIRA, all challenges of immigration proceedings and removal orders must be channeled to the courts of appeals. They also argued that 8 U.S.C. section 1252(g) eliminated the court’s jurisdiction because it barred review of claims arising from the decision or action to execute removal orders. Finally, they argued the injunctive relief that the plaintiffs sought was impossible due to immigration regulations that only allow injunctive relief for individual plaintiffs, not groups (8 U.S.C. § 1252(f)(1)).

On September 5, 2019, Judge Furman agreed with the defendants’ arguments and granted the defendants’ motion to dismiss. 409 F. Supp. 3d 221. Judge Furman was troubled by the plaintiffs’ allegations but found that any remedy for these circumstances lied elsewhere: in immigration court (by way of a motion to reopen), in the Court of Appeals (by way of a petition for review), or in Congress (by way of changing the law). The court clerk issued final judgment and dismissed the complaint the next day.

On November 4, 2019, the plaintiffs filed an appeal with the 2nd Circuit. However, the plaintiffs withdrew their appeal on November 21, 2019, and the appeal was dismissed with prejudice. The case is closed.

Summary Authors

Maddie McFee (10/2/2019)

Aaron Gurley (1/20/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/15905289/parties/asylum-seeker-advocacy-project-v-barr/


Judge(s)

Furman, Jesse Matthew (New York)

Attorneys(s) for Plaintiff

Angelo, Robert L. Dell (California)

Arulanantham, Ahilan T (California)

Belsher, Amy (New York)

Brooks, Skylar D. (California)

Dunn, Christopher (New York)

Elliott, Gina (California)

Hodgson, Robert (New York)

Karteron, Alexis (New York)

Lemoine, Melinda Eades (California)

Judge(s)

Furman, Jesse Matthew (New York)

Attorneys(s) for Plaintiff

Angelo, Robert L. Dell (California)

Arulanantham, Ahilan T (California)

Belsher, Amy (New York)

Brooks, Skylar D. (California)

Dunn, Christopher (New York)

Elliott, Gina (California)

Hodgson, Robert (New York)

Karteron, Alexis (New York)

Lemoine, Melinda Eades (California)

Lieberman, Donna (New York)

Padmanabhan, Aadhithi (New York)

Phillips, Bradley S. (California)

Wells, Jordan (New York)

Attorneys(s) for Defendant

Byars, Michael James (New York)

Waterman, Brandon M. (New York)

Documents in the Clearinghouse

Document

1:19-cv-06443

Docket [PACER]

Nov. 21, 2019

Nov. 21, 2019

Docket
1

1:19-cv-06443

Complaint

July 11, 2019

July 11, 2019

Complaint
30

1:19-cv-06443

Memorandum Opinion and Order

July 17, 2019

July 17, 2019

Order/Opinion
48

1:19-cv-06443

Memorandum Opinion and Order

409 F.Supp.3d 221, 2019 WL 4221479

Sept. 5, 2019

Sept. 5, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15905289/asylum-seeker-advocacy-project-v-barr/

Last updated Aug. 7, 2022, 3:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against William Barr, Thomas Decker, in his official capacity as New York Field Office Director, U.S. Immigration and Customs Enforcement, Kevin K. McAleenan, Acting Secretary of DHS, James McHenry, Mark Morgan. (Filing Fee $ 400.00, Receipt Number ANYSDC-17227686)Document filed by Immigrant Defenders Law Center, Central American Resource Center Los Angeles, Asylum Seeker Advocacy Project, Public Counsel.(Lemoine, Melinda) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

RECAP
2

CIVIL COVER SHEET filed. (Lemoine, Melinda) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to William Barr, Attorney General, re: 1 Complaint,. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Lemoine, Melinda) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to James McHenry, Director of the Executive Office for Immigration Review, re: 1 Complaint,. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Lemoine, Melinda) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
5

FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kevin McAleenan, Secretary of Homeland Security, re: 1 Complaint,. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Lemoine, Melinda) Modified on 7/12/2019 (pne). (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to Mark Morgan, Acting Director, U.S. Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Lemoine, Melinda) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to Thomas R. Decker, Field Office Director, New York Field Office, U.S. Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Lemoine, Melinda) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

July 12, 2019

July 12, 2019

PACER

Notice to Attorney Regarding Party Modification

July 12, 2019

July 12, 2019

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

July 12, 2019

July 12, 2019

PACER

Case Opening Initial Assignment Notice

July 12, 2019

July 12, 2019

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pne)

July 12, 2019

July 12, 2019

PACER

Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pne)

July 12, 2019

July 12, 2019

PACER

Case Designated ECF. (pne)

July 12, 2019

July 12, 2019

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Melinda Eades Lemoine. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (pne)

July 12, 2019

July 12, 2019

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Melinda Eades Lemoine. The party information for the following party/parties has been modified: Thomas R. Decker, Kevin McAleenan, James McHenry, Mark Morgan. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (pne)

July 12, 2019

July 12, 2019

PACER
8

ELECTRONIC SUMMONS ISSUED as to James McHenry. (pne) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
9

ELECTRONIC SUMMONS ISSUED as to Mark Morgan. (pne) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
10

ELECTRONIC SUMMONS ISSUED as to Thomas R. Decker. (pne) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
11

ELECTRONIC SUMMONS ISSUED as to William Barr. (pne) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Melinda Eades Lemoine to RE-FILE Document No. 5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): defendant name in the 'To' field must appear as it does on the pleading caption (remove middle initial). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)

July 12, 2019

July 12, 2019

PACER
12

NOTICE OF APPEARANCE by Christopher T Dunn on behalf of Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Dunn, Christopher) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
13

NOTICE OF APPEARANCE by Amy Belsher on behalf of Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Belsher, Amy) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
14

NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Hodgson, Robert) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
15

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Kevin McAleenan, re: 1 Complaint,. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Lemoine, Melinda) Modified on 7/15/2019 (dnh). (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
16

MOTION for Bradley S. Phillips to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-17244272. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Attachments: # 1 Affidavit ISO Motion for Admission PHV, # 2 Text of Proposed Order for Admission PHV)(Phillips, Bradley) (Entered: 07/15/2019)

1 Affidavit ISO Motion for Admission PHV

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2 Text of Proposed Order for Admission PHV

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July 15, 2019

July 15, 2019

PACER

Notice Regarding Pro Hac Vice Motion

July 15, 2019

July 15, 2019

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

July 15, 2019

July 15, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Bradley S. Phillips to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-17244272. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)

July 15, 2019

July 15, 2019

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Melinda Eades Lemoine to RE-FILE Document No. 15 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; This is not an Amended Summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)

July 15, 2019

July 15, 2019

PACER
17

REQUEST FOR ISSUANCE OF SUMMONS as to Kevin McAleenan, re: 1 Complaint,. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Lemoine, Melinda) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
18

MOTION for Gregory Duncan Phillips to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17246983. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Attachments: # 1 Affidavit Affidavit of Gregory D. Phillips in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order)(Phillips, Gregory) (Entered: 07/15/2019)

1 Affidavit Affidavit of Gregory D. Phillips in Support of Motion for Admission Pr

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2 Text of Proposed Order

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July 15, 2019

July 15, 2019

PACER
19

MOTION for Skylar D. Brooks to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17247445. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Attachments: # 1 Affidavit Skylar D. Brooks, # 2 Text of Proposed Order)(Brooks, Skylar) (Entered: 07/15/2019)

1 Affidavit Skylar D. Brooks

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2 Text of Proposed Order

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July 15, 2019

July 15, 2019

PACER

Notice Regarding Pro Hac Vice Motion

July 16, 2019

July 16, 2019

PACER

Order on Motion to Appear Pro Hac Vice

July 16, 2019

July 16, 2019

PACER

Order on Motion for Conference

July 16, 2019

July 16, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 19 MOTION for Skylar D. Brooks to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17247445. Motion and supporting papers to be reviewed by Clerk's Office staff., 18 MOTION for Gregory Duncan Phillips to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17246983. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

July 16, 2019

July 16, 2019

PACER
20

ORDER granting 19 Motion for Skylar D. Brooks to Appear Pro Hac Vice; 16 Motion for Bradley S. Phillips to Appear Pro Hac Vice; and 18 Motion for Gregory Duncan Phillips to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
21

MOTION for Gina Elliott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17251018. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Attachments: # 1 Affidavit Affidavit of Gina Elliott in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order Order re Motion for Admission Pro Hac Vice)(Elliott, Gina) (Entered: 07/16/2019)

1 Affidavit Affidavit of Gina Elliott in Support of Motion for Admission Pro Hac V

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2 Text of Proposed Order Order re Motion for Admission Pro Hac Vice

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July 16, 2019

July 16, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for Gina Elliott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17251018. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

July 16, 2019

July 16, 2019

PACER
22

MOTION for Robert L. Dell Angelo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17251831. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Attachments: # 1 Affidavit of Robert L. Dell Angelo in Support of Motion for Pro Hac Vice, # 2 Order for Admission Pro Hac Vice)(Dell Angelo, Robert) (Entered: 07/16/2019)

1 Affidavit of Robert L. Dell Angelo in Support of Motion for Pro Hac Vice

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2 Order for Admission Pro Hac Vice

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July 16, 2019

July 16, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 22 MOTION for Robert L. Dell Angelo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17251831. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

July 16, 2019

July 16, 2019

PACER
23

ORDER granting 21 Motion for Gina Elliott to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
24

ORDER granting 22 Motion for Robert L. Dell Angelo to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
25

ELECTRONIC SUMMONS ISSUED as to Kevin McAleenan. (dnh) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
26

LETTER MOTION for Conference on July 18, 2019 addressed to Judge Jesse M. Furman from Bradley S. Phillips dated July 16, 2019. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel.(Phillips, Bradley) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

RECAP
27

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of William Barr, Thomas R. Decker, Kevin McAleenan, James McHenry, Mark Morgan. (Waterman, Brandon) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
28

ORDER granting 26 Letter Motion for Conference. Defendants shall file a response to Plaintiffs' letter motion by July 17, 2019, at 5 p.m., and counsel for all parties shall appear for a conference with the Court on July 18, 2019 at 11:00 a.m. in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Absent leave of Court obtained by letter-motion filed before the conference, the conference must be attended by the attorney who will serve as principal trial counsel. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
29

NOTICE OF APPEARANCE by Michael James Byars on behalf of William Barr, Thomas R. Decker, Kevin McAleenan, James McHenry, Mark Morgan. (Byars, Michael) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER

Order on Motion for Conference

July 17, 2019

July 17, 2019

PACER
30

MEMORANDUM OPINION AND ORDER: For these reasons, the Clerk of Court is directed to change the nature of suit code to No. 890, "Other Statutory Actions," thereby lifting the limitations on remote electronic access to the docket imposed by Rule 5.2(c). (Signed by Judge Jesse M. Furman on 7/17/2019) (ne) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

RECAP
31

LETTER addressed to Judge Jesse M. Furman from Brandon M. Waterman dated July 17, 2019 re: The defendants' response to the plaintiffs' July 16 letter (ECF No. 26) and opposition to plaintiffs' request for expedited discovery. Document filed by William Barr, Thomas R. Decker, Kevin McAleenan, James McHenry, Mark Morgan.(Waterman, Brandon) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

RECAP
32

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ahilan T. Arulanantham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17263895. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Attachments: # 1 Affidavit, # 2 Correspondence, # 3 Proposed Order)(Arulanantham, Ahilan) Modified on 7/18/2019 (wb). (Entered: 07/17/2019)

1 Affidavit

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2 Correspondence

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3 Proposed Order

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July 17, 2019

July 17, 2019

PACER
33

LETTER MOTION for Conference -- Appearances by Bradley S. Phillips (in person) and Ahilan Arulanantham (telephonically) addressed to Judge Jesse M. Furman from Bradley S. Phillips dated July 17, 2019. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel.(Phillips, Bradley) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

RECAP
34

ORDER granting 33 Letter Motion Seeking Leave for Counsel to Participate by Telephone. Mr. Arulanantham is granted leave to participate in tomorrow's conference by telephone. Prior the conference, co-counsel shall provide the Court's staff with a telephone number at which Mr. Arulanantham can be reached at the time of the conference. The Court anticipates that counsel in the courtroom will do most, if not all, of the speaking. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

July 18, 2019

July 18, 2019

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 32 MOTION for Ahilan T. Arulanantham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17263895. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)

July 18, 2019

July 18, 2019

PACER

Minute Entry for proceedings held before Judge Jesse M. Furman: Discovery Conference held on 7/18/2019. Gregory Phillips, Christopher Dunn, Ahilan Arulanantham (via phone), Robert Hodgson present for Plaintiffs. Brandon Waterman and Michael Byars present for Defendants. Court reporter present. -- See transcript. (ab)

July 18, 2019

July 18, 2019

PACER
35

SCHEDULING ORDER: As discussed on the record during the conference held earlier today, Defendants shall file a motion to dismiss the Complaint on jurisdictional grounds no later than July 24, 2019. Any opposition to the motion shall be filed no later than July 30, 2019. Any reply shall be filed no later than August 2, 2019. SO ORDERED. (Motions due by 7/24/2019. Responses due by 7/30/2019. Replies due by 8/2/2019). (Signed by Judge Jesse M. Furman on 7/18/2019) (rjm) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
36

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ahilan Thevanesan Arulanantham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17280999. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center. (Attachments: # 1 Affidavit Affidavit of Ahilan Arulanantham in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order)(Arulanantham, Ahilan) Modified on 7/22/2019 (wb). (Entered: 07/19/2019)

1 Affidavit Affidavit of Ahilan Arulanantham in Support of Motion for Admission Pr

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2 Text of Proposed Order

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July 19, 2019

July 19, 2019

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

July 22, 2019

July 22, 2019

PACER

Notice Regarding Pro Hac Vice Motion

July 22, 2019

July 22, 2019

PACER

Order on Motion to Appear Pro Hac Vice

July 22, 2019

July 22, 2019

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 36 MOTION for Ahilan Thevanesan Arulanantham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17280999. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)

July 22, 2019

July 22, 2019

PACER
37

MOTION for Ahilan Thevanesan Arulanantham to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center. (Attachments: # 1 Affidavit Affidavit of Ahilan Arulanantham in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order Order for Admission Pro Hac Vice)(Arulanantham, Ahilan) (Entered: 07/22/2019)

1 Affidavit Affidavit of Ahilan Arulanantham in Support of Motion for Admission Pr

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2 Text of Proposed Order Order for Admission Pro Hac Vice

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July 22, 2019

July 22, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 37 MOTION for Ahilan Thevanesan Arulanantham to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

July 22, 2019

July 22, 2019

PACER
38

ORDER granting 37 Motion for Ahilan Thevanesan Arulanantham to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
39

MOTION to Dismiss for Lack of Jurisdiction . Document filed by William Barr, Thomas R. Decker, Kevin McAleenan, James McHenry, Mark Morgan.(Waterman, Brandon) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
40

MEMORANDUM OF LAW in Support re: 39 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by William Barr, Thomas R. Decker, Kevin McAleenan, James McHenry, Mark Morgan. (Waterman, Brandon) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
41

SUMMONS RETURNED EXECUTED Summons and Complaint, served. All Defendants. Service was made by Certified Mail. Document filed by Immigrant Defenders Law Center, Central American Resource Center Los Angeles, Asylum Seeker Advocacy Project, Public Counsel. (Brooks, Skylar) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
42

RESPONSE in Opposition to Motion re: 39 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. (Attachments: # 1 Declaration of Bo Cooper, # 2 Declaration of Shalyn Fluharty, # 3 Declaration of Mariela Jasso, # 4 Declaration of Judy London, # 5 Declaration of Trina A. Realmuto, # 6 Declaration of Swapna Reddy)(Arulanantham, Ahilan) (Entered: 07/30/2019)

1 Declaration of Bo Cooper

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2 Declaration of Shalyn Fluharty

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3 Declaration of Mariela Jasso

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4 Declaration of Judy London

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5 Declaration of Trina A. Realmuto

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6 Declaration of Swapna Reddy

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July 30, 2019

July 30, 2019

PACER
43

TRANSCRIPT of Proceedings re: CONFERENCE held on 7/18/2019 before Judge Jesse M. Furman. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/21/2019. Redacted Transcript Deadline set for 9/3/2019. Release of Transcript Restriction set for 10/29/2019.(McGuirk, Kelly) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER
44

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/18/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER
45

LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Brandon M. Waterman dated August 2, 2019. Document filed by William Barr, Thomas R. Decker, Kevin McAleenan, James McHenry, Mark Morgan.(Waterman, Brandon) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

PACER

Order on Motion for Leave to File Excess Pages

Aug. 2, 2019

Aug. 2, 2019

PACER
46

ORDER granting 45 Letter Motion for Leave to File Excess Pages. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

PACER
47

REPLY MEMORANDUM OF LAW in Support re: 39 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by William Barr, Thomas R. Decker, Kevin McAleenan, James McHenry, Mark Morgan. (Waterman, Brandon) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

PACER
48

MEMORANDUM OPINION AND ORDER: re: 39 MOTION to Dismiss for Lack of Jurisdiction filed by William Barr, Thomas R. Decker, James McHenry, Mark Morgan, Kevin McAleenan. If true (and the Court has assumed that they are true for purposes of this motion), Plaintiffs' allegations are certainly troubling. According to the Complaint, unrepresented immigrant families and children find themselves in "a classic Catch-22 situation": having been deprived of notice and the opportunity to challenge entry of removal orders in the first instance, the only way they can challenge those orders now is by filing written motions to reopen. Opp'n at 1; see Compl. Paragraphs 3-6. But without counsel, English fluency, or an ability to navigate the complex immigration system, they realistically cannot file written motions to reopen to bring those failures [in notice] to light." Opp'n at 1. In light of Sections 1252(a)(5) and (b)(9),however, any remedy for these circumstances lies not in this Court, but elsewhere: in immigration court (by way of a motion to reopen), in the Court of Appeals (by way of a petition for review), or in Congress (by way of changing the law). Accordingly, and for the foregoing reasons, Defendants' motion to dismiss for lack of subject-matter jurisdiction is GRANTED and the Complaint is dismissed. The Clerk of Court is directed to terminate ECF No. 39 and to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/05/2019) (ama) Transmission to Orders and Judgments Clerk for processing. (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

RECAP
49

CLERK'S JUDGMENT re: 48 Memorandum & Opinion in favor of James McHenry, Kevin McAleenan, Mark Morgan, Thomas R. Decker, William Barr against Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated September 5, 2019, if true (and the Court has assumed that they are true for purposes of this motion), Plaintiffs' allegations are certainly troubling. According to the Complaint, unrepresented immigrant families and children find themselves in "a classic Catch-22 situation": having been deprived of notice and the opportunity to challenge entry of removal orders in the first instance, the only way they can challenge those orders now is by filing written motions to reopen. Opp'n at I; see Comp!. Paragraphs 3-6. But without counsel, English fluency, or an ability to navigate the complex immigration system, they realistically cannot file written motions to reopen to bring those failures [in notice] to light." Opp'n at I. In light of Sections 1252(a)(5) and (b )(9), however, any remedy for these circumstances lies not in this Court, but elsewhere: in immigration court (by way of a motion to reopen), in the Court of Appeals (by way of a petition for review), or in Congress (by way of changing the law). Accordingly, and for the foregoing reasons, Defendants' motion to dismiss for lack of subject-matter jurisdiction is GRANTED and the Complaint is dismissed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/6/2019) (Attachments: # 1 Right to Appeal)(km) (Entered: 09/06/2019)

1 Right to Appeal

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Sept. 6, 2019

Sept. 6, 2019

PACER

Terminate Transcript Deadlines (km)

Sept. 6, 2019

Sept. 6, 2019

PACER
50

NOTICE OF APPEAL from 48 Memorandum & Opinion,,,,,,. Document filed by Asylum Seeker Advocacy Project, Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Arulanantham, Ahilan) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER

Appeal Record Sent to USCA - Electronic File

Nov. 4, 2019

Nov. 4, 2019

PACER

Transmission of Notice of Appeal and Docket Sheet to USCA

Nov. 4, 2019

Nov. 4, 2019

PACER

Appeal Fee Due

Nov. 4, 2019

Nov. 4, 2019

PACER

Appeal Fee Due: for 50 Notice of Appeal,.$505.00 Appeal fee due by 11/18/2019. (nd)

Nov. 4, 2019

Nov. 4, 2019

PACER

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 50 Notice of Appeal,. (nd)

Nov. 4, 2019

Nov. 4, 2019

PACER

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 50 Notice of Appeal, filed by Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel, Asylum Seeker Advocacy Project were transmitted to the U.S. Court of Appeals. (nd)

Nov. 4, 2019

Nov. 4, 2019

PACER
51

MANDATE of USCA (Certified Copy) as to 50 Notice of Appeal, filed by Central American Resource Center Los Angeles, Immigrant Defenders Law Center, Public Counsel, Asylum Seeker Advocacy Project. USCA Case Number 19-3659. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/21/2019. (nd) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: July 11, 2019

Closing Date: Nov. 21, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of organizations dedicated to helping immigrant families and children comprised of Asylum Seeker Advocacy Project, Central American Resource Center – LA, Immigrant Defenders Law Center, and Public Counsel

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General of the United States, Federal

Director, Federal

Secretary, Federal

Acting Director, Federal

Field Office Director, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

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

All Writs Act, 28 U.S.C. § 1651

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Constitutional rights

Deportation - procedure