Filed Date: Aug. 17, 2018
Closed Date: Feb. 5, 2019
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On August 17, 2018, 29 parents who were forcibly separated from their children by the federal government filed this lawsuit in U.S. District Court of District Columbia. The plaintiffs sued the Department of Justice for violating the Immigration and Nationality Act (8 U.S.C. §§ 1101 et seq.), the Rehabilitation Act (29 U.S.C. § 701), the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.), and the Due Process Clause of the U.S. Constitution. The Plaintiffs, represented by Muslim Advocates as well as the Legal Aid Justice Center and the law firm of Eversheds & Sunderland, LLP, sought an order compelling the defendants to vacate the results of credible fear interviews, which had found them eligible for removal, as well as the resulting orders of removal. The plaintiffs sought declaratory relief and new credible fear interviews.
Specifically, the plaintiffs alleged that under DOJ policy, parents were forced to undergo credible fear interviews while they were suffering from emotional and psychological trauma from being separated from their children. Credible fear interviews determine whether an asylum seeker faces a credible fear of persecution or torture when returned to their home country. Unable to articulate their experiences due to trauma, the plaintiffs received negative credible fear determinations and faced immediate deportation.
This case was assigned to Judge Paul L. Friedman.
On August 17, 2018, the plaintiffs filed a motion to proceed under pseudonyms and a redacted complaint. The defendant filed a motion to extend time to file an answer on October 22, 2018. On December 31, 2018, the defendant again filed such a motion.
Along with two related cases, MMM v. Sessions and Ms. L v. ICE, this case settled. On November 15, 2018, Judge Dana M. Sabraw (the judge assigned in Ms. L. v. ICE) issued a final approval of the settlement. According to this settlement, the government committed to conducting a good faith review of the plaintiff’s prior credible fear findings to determine if reconsideration would be appropriate. However, the government refused to return any parent who had already been deported.
On February 5, 2019, the plaintiffs filed a notice of voluntary dismissal. This case is now closed, but the court in Ms. L v. ICE retained jurisdiction to enforce the settlement agreement. For more information on that case, including disputes that have developed over the settlement's terms, see here.
Summary Authors
Bogyung Lim (2/5/2020)
Ms. L. v. U.S. Immigration and Customs Enforcement, Southern District of California (2018)
M.M.M. v. Sessions, Southern District of California (2018)
For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7702427/parties/dora-v-sessions/
Friedman, Paul L. (District of Columbia)
Sabraw, Dana Makoto (California)
Aguirre, Samir A. (District of Columbia)
Amdur, Spencer E. W. (California)
Balakrishnan, Anand V. (New York)
Barmeyer, Wilson G. (District of Columbia)
Flatt, Margaret (Georgia)
Fleming, John Howard (Georgia)
Ford, Kara (New York)
Gelernt, Lee (New York)
Friedman, Paul L. (District of Columbia)
Sabraw, Dana Makoto (California)
Aguirre, Samir A. (District of Columbia)
Amdur, Spencer E. W. (California)
Balakrishnan, Anand V. (New York)
Barmeyer, Wilson G. (District of Columbia)
Flatt, Margaret (Georgia)
Fleming, John Howard (Georgia)
Ford, Kara (New York)
Gelernt, Lee (New York)
Gregg, Sophia Leticia (Virginia)
Kang, Stephen B. (California)
McClarnon, Carol T. (District of Columbia)
Rabinovitz, Judy (New York)
Sandoval-Moshenberg, Simon (Virginia)
Shebaya, Sirine (District of Columbia)
Smith, Johnathan James (District of Columbia)
Vakili, Bardis (California)
Bettwy, Samuel William (California)
Braverman, Adam (California)
Fabian, Sarah B. (District of Columbia)
Hunt, Joseph H. (District of Columbia)
Murley, Nicole N. (District of Columbia)
Peachey, William Charles (District of Columbia)
Robins, Jeffrey S (District of Columbia)
Silvis, William C. (District of Columbia)
Stewart, Scott Grant (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/7702427/dora-v-sessions/
Last updated Dec. 19, 2022, 3:11 a.m.
State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Trump Immigration Enforcement Order Challenges
Key Dates
Filing Date: Aug. 17, 2018
Closing Date: Feb. 5, 2019
Case Ongoing: No
Plaintiffs
Plaintiff Description:
29 parents who underwent credible fear interviews after being separated from their children.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Department of Justice (District of Columbia), Federal
U.S. Department of Homeland Security (District of Columbia), Federal
U.S. Citizenship and Immigration Services (District of Columbia), Federal
Defendant Type(s):
Case Details
Causes of Action:
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Constitutional Clause(s):
Due Process: Procedural Due Process
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Issues
General:
Parents (visitation, involvement)
Discrimination-basis:
Disability (inc. reasonable accommodations)
Disability:
Medical/Mental Health:
Immigration/Border: