Case: Dora v. Sessions

1:18-cv-01938 | U.S. District Court for the District of District of Columbia

Filed Date: Aug. 17, 2018

Closed Date: Feb. 5, 2019

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Case Summary

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.

	Document
1:18-cv-01938	Docket [PACER]	Feb. 5, 2019	Feb. 5, 2019 Docket
3 1:18-cv-01938	Complaint	Aug. 17, 2018	Aug. 17, 2018 Complaint
220-1 3:18-cv-00428	Plan to Address the Asylum Claims of Class-Member Parents and Children who are Physically Present in the United States Ms. L. v. U.S. Immigration and Customs Enforcement U.S. District Court for the Southern District of California	Sept. 12, 2018	Sept. 12, 2018 Settlement Agreement
321 3:18-cv-00428	Order Certifying the Settlement Classes and Granting Final Approval of Class Action Settlement Ms. L. v. U.S. Immigration and Customs Enforcement U.S. District Court for the Southern District of California	Nov. 15, 2018	Nov. 15, 2018 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	MOTION to Proceed Under Pseudonyms and to File Supporting Exhibits Under Seal by ALEX, ALMA, BEATRIZ, BENJAMIN, CARLA, CARLOS, DORA, ESPERANZA, FANY, GINA, HELENA, ISIDRA, JENIFER, KARA, LINDA, MINDY, NORA, ORELIA, PATRICIA, QUELA, RITA, SYLVIA, TANIA, ULA, VICTORIA, WILMA, XIOMARA, YADIRA, ZANDRA (Attachments: # 1 Declaration of Carol T. McClarnon, # 2 Text of Proposed Order)(jf) (Entered: 08/21/2018) 1 Declaration of Carol T. McClarnon View on PACER 2 Text of Proposed Order View on PACER	Aug. 17, 2018	Aug. 17, 2018 PACER
2	ORDER temporarily granting 1 MOTION to Proceed Under Pseudonyms and to File Supporting Exhibits Under Seal. Signed by Judge Rudolph Contreras on 08/17/2018. (jf) (Entered: 08/21/2018)	Aug. 17, 2018	Aug. 17, 2018 RECAP
3	REDACTED COMPLAINT against L. FRANCIS CISSNA, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, JEFFERSON B. SESSIONS, III, RONALD VITIELLO ( Filing fee $ 400, receipt number 4616094175) filed by ULA, GINA, ZANDRA, QUELA, ALMA, DORA, RITA, PATRICIA, YADIRA, ALEX, BENJAMIN, TANIA, NORA, XIOMARA, JENIFER, KARA, VICTORIA, MINDY, WILMA, CARLOS, FANY, BEATRIZ, ISIDRA, LINDA, ORELIA, HELENA, CARLA, SYLVIA, ESPERANZA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(jf) (Entered: 08/21/2018) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Civil Cover Sheet View on PACER	Aug. 17, 2018	Aug. 17, 2018 RECAP
	SUMMONS (5) Issued as to L. FRANCIS CISSNA, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, JEFFERSON B. SESSIONS, III, RONALD VITIELLO, U.S. Attorney and U.S. Attorney General (jf)	Aug. 17, 2018	Aug. 17, 2018 PACER
	SUMMONS (4) Issued as to L. FRANCIS CISSNA, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, JEFFERSON B. SESSIONS, III, RONALD VITIELLO, and U.S. Attorney General (jf) .	Aug. 17, 2018	Aug. 17, 2018 PACER
4	NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 18-1835. (jf) (Entered: 08/21/2018)	Aug. 17, 2018	Aug. 17, 2018 RECAP
5	SEALED COMPLAINT re 3 Redacted Complaint filed by ULA, RITA, HELENA, YADIRA, ORELIA, JENIFER, KARA, ALMA, BEATRIZ, DORA, VICTORIA, SYLVIA, ZANDRA, QUELA, LINDA, CARLA, ESPERANZA, ISIDRA, ALEX, WILMA, MINDY, CARLOS, TANIA, BENJAMIN, GINA, FANY, XIOMARA, PATRICIA, NORA. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Sealed Names)(zjf) (Entered: 08/21/2018)	Aug. 17, 2018	Aug. 17, 2018 PACER
	SUMMONS (1) Issued as to U.S. Attorney (jf)	Aug. 20, 2018	Aug. 20, 2018 PACER
6	NOTICE of Appearance by Jeffrey S Robins on behalf of All Defendants (Robins, Jeffrey) (Entered: 08/22/2018)	Aug. 22, 2018	Aug. 22, 2018 PACER
7	ENTERED IN ERROR. . . . .NOTICE of Appearance by Sirine Shebaya on behalf of ALL PLAINTIFFS (Shebaya, Sirine) Modified on 8/30/2018 (ztd). (Entered: 08/28/2018)	Aug. 28, 2018	Aug. 28, 2018 PACER
8	NOTICE of Appearance by Johnathan James Smith on behalf of ALL PLAINTIFFS (Smith, Johnathan) (Entered: 08/30/2018)	Aug. 30, 2018	Aug. 30, 2018 PACER
	NOTICE OF ERROR re 7 Notice of Appearance; emailed to sirine@muslimadvocates.org, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Please file in the correct case. (ztd, )	Aug. 30, 2018	Aug. 30, 2018 PACER
9	NOTICE of Appearance by Sirine Shebaya on behalf of ALL PLAINTIFFS (Shebaya, Sirine) (Entered: 08/31/2018)	Aug. 31, 2018	Aug. 31, 2018 PACER
10	Joint STATUS REPORT by ALL PLAINTIFFS. (Attachments: # 1 Exhibit Notice Lodging Agreement for Court's Approval in Case No. 18cv1832, # 2 Certificate of Service)(Barmeyer, Wilson) (Entered: 09/24/2018)	Sept. 24, 2018	Sept. 24, 2018 PACER
11	NOTICE of Appearance by Sirine Shebaya on behalf of All Plaintiffs (Shebaya, Sirine) (Entered: 09/24/2018)	Sept. 24, 2018	Sept. 24, 2018 PACER
	MINUTE ORDER. In view of the parties' joint status report 10, the parties shall file a further joint status report on or before October 26, 2018. Signed by Judge Paul L. Friedman on Septenber 26, 2018. (MA)	Sept. 26, 2018	Sept. 26, 2018 PACER
	Set/Reset Deadlines: Status Report due by 10/26/2018 (tj)	Sept. 27, 2018	Sept. 27, 2018 PACER
12	Consent MOTION for Extension of Time to File Answer re 3 Complaint,, by L. FRANCIS CISSNA, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, JEFFERSON B. SESSIONS, III, RONALD VITIELLO (Attachments: # 1 Text of Proposed Order)(Robins, Jeffrey) (Entered: 10/22/2018)	Oct. 22, 2018	Oct. 22, 2018 PACER
	MINUTE ORDER granting defendants' unopposed motion 12 for extension of time to file their responsive pleading. Defendants shall file their responsive pleading on or before January 1, 2019. Signed by Judge Paul L. Friedman on October 23, 2018. (lcplf1)	Oct. 23, 2018	Oct. 23, 2018 PACER
13	Joint STATUS REPORT by DORA. (Barmeyer, Wilson) (Entered: 10/26/2018)	Oct. 26, 2018	Oct. 26, 2018 PACER
14	Consent MOTION for Extension of Time to File Answer re 3 Complaint,, 5 Sealed Document, by L. FRANCIS CISSNA, KEVIN K. MCALEENAN, KIRSTJEN NIELSEN, JEFFERSON B. SESSIONS, III, RONALD VITIELLO (Attachments: # 1 Text of Proposed Order)(Robins, Jeffrey) (Entered: 12/31/2018)	Dec. 31, 2018	Dec. 31, 2018 PACER
15	ORDER granting defendants' unopposed motion 14 to stay the deadline for the filing of defendants' answer or responsive pleading, commensurate with the duration of the lapse in appropriations. Signed by Judge Paul L. Friedman on January 2, 2019. (lcplf1) (Entered: 01/02/2019)	Jan. 2, 2019	Jan. 2, 2019 PACER
	MINUTE ORDER: In accordance with 15 the Court's Order granting Defendants' unopposed motion to stay commensurate with the duration of the lapse in appropriations, and the subsequent restoration of appropriations on 1/25/19 after 35 days, the stay on the filing deadline is lifted. Defendants' answer or responsive pleading to 31 Plaintiffs' First Amended Complaint is due February 5, 2019, 35 days after the original deadline of January 1, 2019. Signed by Judge Paul L. Friedman on January 31, 2019.	Jan. 31, 2019	Jan. 31, 2019 PACER
16	NOTICE OF WITHDRAWAL OF APPEARANCE as to ALL PLAINTIFFS. Attorney Johnathan James Smith terminated. (Smith, Johnathan) (Entered: 02/01/2019)	Feb. 1, 2019	Feb. 1, 2019 PACER
17	NOTICE of Voluntary Dismissal by DORA (Barmeyer, Wilson) (Entered: 02/05/2019)	Feb. 5, 2019	Feb. 5, 2019 PACER

Case: Dora v. Sessions

1:18-cv-01938 | U.S. District Court for the District of District of Columbia

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