Case: Doe v. McAleenan

3:19-cv-02119 | U.S. District Court for the Southern District of California

Filed Date: Nov. 5, 2019

Case Ongoing

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Case Summary

This is a case about asylum seekers' right to counsel in refoulment interviews conducted by U.S. Citizenship and Immigration Services which determine whether an asylum seeker can remain in the United States during their immigration proceedings. On November 5, 2019, asylum seekers filed this lawsuit in the U.S. District Court of Southern District of California (in San Diego). The plaintiffs, represented by the ACLU of San Diego, sued the U.S. Department of Homeland Security, U.S. Citizenship and…

On November 5, 2019, asylum seekers filed this lawsuit in the U.S. District Court of Southern District of California (in San Diego). The plaintiffs, represented by the ACLU of San Diego, sued the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, and U.S. Customs and Border Protection for violating the Administrative Procedure Act (5 U.S.C. §§ 551), the Immigration and Nationality Act (8 U.S.C. §§ 1101), and Plaintiffs’ rights to procedural and substantive due process under the Fifth Amendment and their right to free speech under the First Amendment. The plaintiffs sought a declaration that the Federal Government unlawfully deprived them of access to counsel to prepare for hearings that could result in immediate deportation under the Migrant Protection Protocols (also called the "Remain in Mexico Policy") along with an injunction allowing access to counsel (or habeas relief if access to counsel would be impractical) and attorneys' fees.

The plaintiffs are parents who fled from Guatemala to the United States through Mexico, where they alleged they were robbed and assaulted. They were detained in the United States and faced deportation to Mexico under the Migrant Protection Protocols while their asylum claims were pending in the United States. However, they could avoid deportation if they could establish that their life or freedom would be threatened in Mexico at a "non-refoulement" interview. But the plaintiffs alleged that the defendants prevented them from retaining counsel to help them prepare for and represent them in their impending non-refoulement interviews.

On the same day they filed suit, the plaintiffs asked the Court for a temporary restraining order to allow them access to retained counsel and filed a motion for class certification. Judge Dana M. Sabraw granted a temporary restraining order to enjoin the government from denying the plaintiffs' access to legal counsel before and during their non-refoulement interview on November 12, 2019. Judge Sabraw also certified a class consisting of “all individuals who are detained in CBP custody in California awaiting or undergoing non-refoulement interviews pursuant to what the government calls the 'Migrant Protection Protocols' program and who have retained lawyers” on January 14, 2020. On the same day, Judge Sabraw issued a class-wide preliminary injunction in the Plaintiffs' favor. 415 F. Supp. 3d 971.

In March of 2020, Defendants appealed the preliminary injunction to the US Court of Appeals for the Ninth Circuit. The appeal in this case was stayed pending the outcome of a separate Supreme Court case on the same issue, Wolf [or Pekoske] v. Innovation Law Lab. Later, on December 15, 2020, the court of appeals ordered: “Submission of this case is vacated pending the Supreme Court’s disposition of Wolf, et al. v. Innovation Law Lab, et al., No. 19-1212.” The Supreme Court granted certiorari on October 19, 2020, under the name “Mayorkas v. Innovation Law Lab”. On June 21, 2021 (entered on July 23, 2021), the judgment was vacated, and the case was remanded to the United States Court of Appeals for the Ninth Circuit with instructions to direct the District Court to vacate as moot the April 8, 2019 order granting a preliminary injunction.

On February 2, 2022, the defendant filed for a motion to stay and finding of mootness as the currently implemented version of MPP is separate from the policy Plaintiffs initially challenged, and the current version provides the same or greater access to counsel than that Plaintiffs initially sought. The court on March 14, 2022, denied the defendant’s motion to stay and suggestion of mootness and granted the unopposed motion for a 90-day extension to answer or otherwise respond to the complaint. The court held that while the instant case will become moot should the government prevail in Biden v. Texas at the Supreme Court and subsequently terminate MPP, it currently remained live.

The government won on appeal at the Supreme Court in Biden v. Texas (2022). The question of that case was whether the Biden administration must continue to enforce the Trump administration’s Migrant Protection Protocols, or whether the Biden Department of Homeland Security decision ending the policy has legal effect. The Supreme Court held that the Government’s rescission of Migrant Protection Protocols did not violate section 1225 of the Immigration and Nationality Act, and the resolution constituted valid final agency action.

The case went back to the district court, where the parties filed cross-motions for summary judgment. Plaintiffs argue the case is not moot, as a decision in Texas v. Biden may require MPP's reimplementation. On August 16, 2024, both parties asked the court to continue to stay the case for 90 days to allow additional time to continue discussing a possible resolution in this matter. On August 21, 2024, the court stayed the case until November 19, 2024.

The case is currently ongoing.

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Summary Authors

Bogyung Lim (2/10/2020)

John Duffield (6/14/2021)

Mario Campos (10/20/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16429866/parties/doe-v-mcaleenan/

Judge(s)

Expert/Monitor/Master/Other

Church, Rebecca Grace (California)

CV, U S (California)

Langarica, Monika Yvette (California)

Loy, John David (California)

Markovitz, Jonathan Paul (California)

Judge(s)

Sabraw, Dana Makoto (California)

Expert/Monitor/Master/Other

Church, Rebecca Grace (California)

CV, U S (California)

Langarica, Monika Yvette (California)

Loy, John David (California)

Markovitz, Jonathan Paul (California)

Ramkumar, Archith (California)

Vakili, Bardis (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:19-cv-02119	Docket	Jan. 24, 2020	Jan. 24, 2020 Docket
1 3:19-cv-02119	Complaint-Class Action and Petition for Writ of Habeas Corpus	Nov. 5, 2019	Nov. 5, 2019 Complaint
18 3:19-cv-02119	Order Granting Motion for Temporary Restraining Order	Nov. 12, 2019	Nov. 12, 2019 Order/Opinion 415 F.Supp.3d 971
40 3:19-cv-02119	Doe v. Wolf Order Granting Motion for Classwide Preliminary Injunction	Jan. 14, 2020	Jan. 14, 2020 Order/Opinion 432 F.Supp.3d 1200
39 3:19-cv-02119	Order Granting Motion for Class Certification Doe v. Wolf	Jan. 14, 2020	Jan. 14, 2020 Order/Opinion 424 F.Supp.3d 1028
45 3:19-cv-02119	Notice of Appeal/Petition Received by the USCA Doe v. Wolf U.S. Court of Appeals for the Ninth Circuit	March 13, 2020	March 13, 2020 Pleading / Motion / Brief
76 3:19-cv-02119	Order Granting Unopposed Motion for 90-Day Stay	Aug. 4, 2021	Aug. 4, 2021 Order/Opinion
77 3:19-cv-02119	Order Doe v. Mayorkas U.S. Court of Appeals for the Ninth Circuit	Sept. 3, 2021	Sept. 3, 2021 Order/Opinion
77 3:19-cv-02119	Order Doe v. Mayorkas U.S. Court of Appeals for the Ninth Circuit	Sept. 3, 2021	Sept. 3, 2021 Order/Opinion
82 3:19-cv-02119	Order Doe v. Mayorkas U.S. Court of Appeals for the Ninth Circuit	Nov. 8, 2021	Nov. 8, 2021 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16429866/doe-v-mcaleenan/

Last updated Oct. 21, 2025, 7:14 a.m.

ECF Number	Description	Date	Link Date / Link
1	Petition for Writ of Habeas Corpus against William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder, filed by Diana Doe, Cristian Doe.(Filing fee $5 - receipt number: 0974-13129808) (Attachments: # 1 Civil Cover Sheet)The new case number is 3:19-cv-2119-DMS-AGS. Judge Dana M. Sabraw and Magistrate Judge Andrew G. Schopler are assigned to the case. (Langarica, Monika)(jms) (Entered: 11/05/2019) 1 Civil Cover Sheet View on PACER	Nov. 5, 2019	Nov. 5, 2019
2	MOTION for Temporary Restraining Order by Cristian Doe, Diana Doe. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration)(jms) (Entered: 11/05/2019)	Nov. 5, 2019	Nov. 5, 2019
3	MOTION for Class Certification by Cristian Doe, Diana Doe. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Monika Y. Langarica, # 3 Declaration of Bardis Vakili)(jms) (Entered: 11/05/2019)	Nov. 5, 2019	Nov. 5, 2019
4	MOTION Ex Parte Application to Leave to Proceed Under Pseudonym, to File Documents Under Seal, and For Interim Protective Order by Cristian Doe, Diana Doe. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration)(jms). Added MOTION to File Documents Under Seal on 11/5/2019 (dlg). (Entered: 11/05/2019)	Nov. 5, 2019	Nov. 5, 2019
5	SEALED LODGED Proposed Document re: 4 MOTION Ex Parte Application to Leave to Priceed Under Pseudonym, to File Documents Under Seal, and For Interim Protective OrderMOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Langarica, Monika) (dlg). (Entered: 11/05/2019)	Nov. 5, 2019	Nov. 5, 2019
6	ORDER Setting Briefing Schedule. Respondents-Defendants shall file a response to this motion on or before November 6, 2019 at 12:00 p.m. Hearing on the Petitioners-Plaintiff's motion for temporary restraining order shall be scheduled for November 6, 2019 at 2:00 p.m. The Parties may appear telephonically if necessary. Signed by Judge Dana M. Sabraw on 11/5/2019.(aef) (Entered: 11/05/2019)	Nov. 5, 2019	Nov. 5, 2019
7	NOTICE of Appearance by Bardis Vakili on behalf of Cristian Doe, Diana Doe (Vakili, Bardis)Attorney Bardis Vakili added to party Cristian Doe(pty:pet), Attorney Bardis Vakili added to party Diana Doe(pty:pet) (jms). (Entered: 11/05/2019)	Nov. 5, 2019	Nov. 5, 2019
8	NOTICE of Appearance by Jonathan Paul Markovitz on behalf of Cristian Doe, Diana Doe (Markovitz, Jonathan)Attorney Jonathan Paul Markovitz added to party Cristian Doe(pty:pet), Attorney Jonathan Paul Markovitz added to party Diana Doe(pty:pet)(jms). (Entered: 11/05/2019)	Nov. 5, 2019	Nov. 5, 2019
9	NOTICE of Appearance by John David Loy on behalf of Cristian Doe, Diana Doe (Loy, John)Attorney John David Loy added to party Cristian Doe(pty:pet), Attorney John David Loy added to party Diana Doe(pty:pet) (jms). (Entered: 11/05/2019)	Nov. 5, 2019	Nov. 5, 2019
10	NOTICE Ex Parte Notice to Stipulate to Postpone Non-Refoulment Interviews of Petitioners Pending TRO Adjudication by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder re 6 Order Setting Briefing Schedule, (Church, Rebecca)Attorney Rebecca Grace Church added to party William Barr(pty:res), Attorney Rebecca Grace Church added to party Sergio Beltran(pty:res), Attorney Rebecca Grace Church added to party Kenneth T. Cuccinelli(pty:res), Attorney Rebecca Grace Church added to party Douglas Harrison(pty:res), Attorney Rebecca Grace Church added to party Robert Hood(pty:res), Attorney Rebecca Grace Church added to party Kevin K. McAleenan(pty:res), Attorney Rebecca Grace Church added to party Mark A. Morgan(pty:res), Attorney Rebecca Grace Church added to party Ryan Scudder(pty:res) (aef). (Entered: 11/06/2019)	Nov. 6, 2019	Nov. 6, 2019
11	RESPONSE re 10 Notice (Other), to Defendants-Respondents' Ex Parte Notice to Stipulate to Postpone Non-Refoulement Interviews of Petitioners Pending TRO Adjudication filed by Cristian Doe, Diana Doe. (Langarica, Monika) (aef). (Entered: 11/06/2019)	Nov. 6, 2019	Nov. 6, 2019
12	ORDER Setting Briefing Schedule. Respondents-Defendants shall file a response to Petitioners-Plaintiffs' motion for temporary restraining order on or before November 7, 2019 at 5:00 p.m. Hearing on this matter shall be scheduled for November 8, 2019 at 2:30 p.m. Signed by Judge Dana M. Sabraw on 11/6/2019.(aef) (Entered: 11/06/2019)	Nov. 6, 2019	Nov. 6, 2019
13	Minute Entry for proceedings held before Judge Dana M. Sabraw: Telephonic Status Conference held on 11/6/2019. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Monika Langarica, Bardis Vakili). (Defendant Attorney Katherine Parker, Rebecca Church, Samuel Bettwy). (no document attached) (jak) (Entered: 11/06/2019)	Nov. 6, 2019	Nov. 6, 2019
	Status Conference	Nov. 6, 2019	Nov. 6, 2019
14	RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Attachments: # 1 Exhibit, # 2 Declaration Christian A. Couch)(Bettwy, Samuel) (jms). (Entered: 11/07/2019)	Nov. 7, 2019	Nov. 7, 2019
15	Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jms) (Entered: 11/08/2019)	Nov. 8, 2019	Nov. 8, 2019
16	REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order filed by Cristian Doe, Diana Doe. (Vakili, Bardis) (jms). (Entered: 11/08/2019)	Nov. 8, 2019	Nov. 8, 2019
17	Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 11/8/2019 re 2 MOTION for Temporary Restraining Order filed by Cristian Doe, Diana Doe. Court to issue order.(Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Bardis Vakili, Monika Langarica, Jonathan Markovitz). (Defendant Attorney Samuel Bettwy, Rebecca Church, Caroline Prime). (no document attached) (jak) (Entered: 11/08/2019)	Nov. 8, 2019	Nov. 8, 2019
	Motion Hearing	Nov. 8, 2019	Nov. 8, 2019
18	ORDER Granting 2 Motion for Temporary Restraining Order. Petitioners' motion for temporary restraining order is granted. Pending before the Court are Petitioners' motions for class certification and preliminary injunction. Respondents shall respond to the motions by November 27, 2019 at 5:00 p.m., and Petitioners shall file their replies by December 6, 2019 at 5 p.m. The parties are ordered to meet and confer in person by no later than December 4, 2019 to attempt resolution of these matters. Absent resolution, the motions will be heard on December 13, 2019 at 1:30 p.m. Signed by Judge Dana M. Sabraw on 11/12/2019. (aef) (Entered: 11/12/2019)	Nov. 12, 2019	Nov. 12, 2019 RECAP
19	*DOCUMENT WITHDRAWN PER ECF 23 * - Ex Parte MOTION for Order to Enforce TRO by Cristian Doe, Diana Doe. (Attachments: # 1 Declaration)(Vakili, Bardis) Modified on 11/13/2019 to withdraw document; motion termed (aef). (Entered: 11/13/2019) 1 Declaration View on RECAP	Nov. 13, 2019	Nov. 13, 2019 RECAP
20	NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 11/8/2019 before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/4/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/11/2020. (akr) (Entered: 11/13/2019)	Nov. 13, 2019	Nov. 13, 2019
21	*DOCUMENT WITHDRAWN PER ECF 23 * - MOTION to Supplement Ex Parte Application to Enforce TRO and Request to Hold Defendant U.S. Border Patrol in Contempt by Cristian Doe, Diana Doe. (Vakili, Bardis) Modified on 11/13/2019 to withdraw document; motion termed (aef). (Entered: 11/13/2019)	Nov. 13, 2019	Nov. 13, 2019 RECAP
22	ORDER TO SHOW CAUSE Why Respondents are not in Contempt. Respondents, specifically Douglass Harrison, Chief Agent for San Diego Sector of Border Patrol, are ordered to show cause why. Hearing on this matter shall be scheduled for November 13, 2019 at 3:30 p.m. Signed by Judge Dana M. Sabraw on 11/13/2019.(aef) (Entered: 11/13/2019)	Nov. 13, 2019	Nov. 13, 2019 RECAP
23	NOTICE OF WITHDRAWAL OF DOCUMENT by Cristian Doe, Diana Doe re 19 Ex Parte MOTION for Order to Enforce TRO filed by Cristian Doe, Diana Doe, 21 MOTION to Supplement Ex Parte Application to Enforce TRO and Request to Hold Defendant U.S. Border Patrol in Contempt filed by Cristian Doe, Diana Doe . (Vakili, Bardis) (aef). (Entered: 11/13/2019)	Nov. 13, 2019	Nov. 13, 2019 RECAP
24	ORDER Re: Hearing. The hearing set for November 13, 2019 is vacated. Signed by Judge Dana M. Sabraw on 11/13/2019.(aef) (Entered: 11/13/2019)	Nov. 13, 2019	Nov. 13, 2019
25	Ex Parte MOTION for Extension of Time to File Unopposed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Church, Rebecca)(aef). (Entered: 11/19/2019)	Nov. 19, 2019	Nov. 19, 2019
26	NOTICE of Appearance by Archith Ramkumar on behalf of William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder (Ramkumar, Archith)Attorney Archith Ramkumar added to party William Barr(pty:res), Attorney Archith Ramkumar added to party Sergio Beltran(pty:res), Attorney Archith Ramkumar added to party Kenneth T. Cuccinelli(pty:res), Attorney Archith Ramkumar added to party Douglas Harrison(pty:res), Attorney Archith Ramkumar added to party Robert Hood(pty:res), Attorney Archith Ramkumar added to party Kevin K. McAleenan(pty:res), Attorney Archith Ramkumar added to party Mark A. Morgan(pty:res), Attorney Archith Ramkumar added to party Ryan Scudder(pty:res) (jms). (Entered: 11/19/2019)	Nov. 19, 2019	Nov. 19, 2019
27	ORDER Granting 25 Unopposed Ex Parte Application for One-Week Extension of Time. The following deadlines set in the Order Granting Motion for Temporary Restraining Order (ECF No. 18) are extended: (1) the responses to the motions for class certification and preliminary injunction are extended from November 27, 2019 to December 4, 2019; (2) Petitioners replies are extended from December 6, 2019 to December 13, 2019; (3) the meet and confer deadline is extended from December 4, 2019 to December 11, 2019; and (4) the hearing is extended from December 13, 2019 to December 20, 2019 at 1:30 p.m. Signed by Judge Dana M. Sabraw on 11/19/2019. (aef) (Entered: 11/19/2019)	Nov. 19, 2019	Nov. 19, 2019
28	Ex Parte MOTION Allow Telephonic Meet and confer re 18 Order on Motion for TRO,, Unopposed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Church, Rebecca) (jms). (Entered: 12/02/2019)	Dec. 2, 2019	Dec. 2, 2019
29	ORDER Granting 28 Unopposed Ex Parte Application to Allow Telephonic Meet and Confer. The Court's Order Granting Motion for Temporary Restraining Order (ECF No. 18) is MODIFIED to allow for a telephonic meet and confer. Signed by Judge Dana M. Sabraw on 12/3/2019. (aef) (Entered: 12/03/2019)	Dec. 3, 2019	Dec. 3, 2019
30	RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Attachments: # 1 Exhibit Oral Decision Cruz v. DHS, # 2 Declaration of Ashley Caudill-Mirillo, # 3 Declaration of Scott Garrett, # 4 Declaration of Mariza Marin)(Ramkumar, Archith) (jms). (Entered: 12/04/2019)	Dec. 4, 2019	Dec. 4, 2019
31	RESPONSE in Opposition re 3 MOTION to Certify Class filed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Attachments: # 1 Declaration of Ashley Caudill-Mirillo)(Ramkumar, Archith)(jms). (Entered: 12/04/2019)	Dec. 4, 2019	Dec. 4, 2019
32	STATUS REPORT Joint Status Report Regarding Meet and Confer by Cristian Doe, Diana Doe. (Vakili, Bardis) (jms). (Entered: 12/10/2019)	Dec. 10, 2019	Dec. 10, 2019
33	REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order filed by Cristian Doe, Diana Doe. (Attachments: # 1 Declaration)(Vakili, Bardis) (jms). (Entered: 12/13/2019)	Dec. 13, 2019	Dec. 13, 2019
34	REPLY to Response to Motion re 3 MOTION to Certify Class filed by Cristian Doe, Diana Doe. (Vakili, Bardis) (jms). (Entered: 12/13/2019)	Dec. 13, 2019	Dec. 13, 2019
35	SUMMONS Returned Executed by Diana Doe, Cristian Doe. William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder served. (Attachments: # 1 Attachment to Proof of Service)(Vakili, Bardis) (jms). (Entered: 12/18/2019)	Dec. 18, 2019	Dec. 18, 2019
36	Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 12/20/2019. Court to issue order. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Bardis Vakili, Jonathan Markovitz, Monika Langarica). (Defendant Attorney Archith Ramkumar). (no document attached) (jak) (Entered: 12/20/2019)	Dec. 20, 2019	Dec. 20, 2019
	Motion Hearing	Dec. 20, 2019	Dec. 20, 2019
37	MOTION for Extension of Time to File Answer unopposed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Ramkumar, Archith) (jms). (Entered: 01/09/2020)	Jan. 9, 2020	Jan. 9, 2020
38	ORDER Granting 37 Unopposed Motion for an Extension of Time to Answer or Otherwise Respond to the Complaint. Respondents must file their Answer or Response to the Complaint no later than three weeks after the Court rules on Petitioners' preliminary injunction motion (Dkt. 2). Signed by Judge Dana M. Sabraw on 1/10/2020. (aef) (Entered: 01/10/2020)	Jan. 10, 2020	Jan. 10, 2020
39	ORDER Granting 3 Motion for Class Certification. Petitioners are appointed as Class Representatives, and Counsel from the ACLU Foundation of San Diego and Imperial Counties are appointed as counsel for this Class pursuant to Federal Rule of Civil Procedure 23(g). Signed by Judge Dana M. Sabraw on 1/14/2020. (mme) (Entered: 01/14/2020)	Jan. 14, 2020	Jan. 14, 2020 RECAP
40	ORDER Granting Motion for Classwide Preliminary Injunction. Respondents may not conduct class members non-refoulement interviews without first affording the interviewees access to their retained counsel both before and during any such interview. Signed by Judge Dana M. Sabraw on 1/14/2020.(mme) (Entered: 01/14/2020)	Jan. 14, 2020	Jan. 14, 2020 RECAP
41	MOTION for Extension of Time to File Answer unopposed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Ramkumar, Archith) (tcf). (Entered: 01/22/2020)	Jan. 22, 2020	Jan. 22, 2020
42	ORDER Granting 41 Unopposed Motion for an Extension of Time to Answer or Otherwise Respond to the Complaint. Respondents must file their Answer or Response to the Complaint no later than April 6, 2020. Signed by Judge Dana M. Sabraw on 1/22/2020. (aef) (Entered: 01/22/2020)	Jan. 22, 2020	Jan. 22, 2020
43	NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 12/20/2019 before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/14/2020. Redacted Transcript Deadline set for 2/24/2020. Release of Transcript Restriction set for 4/23/2020. (akr) (Entered: 01/24/2020)	Jan. 24, 2020	Jan. 24, 2020
44	Notice of Appeal to 9th Circuit	March 12, 2020	March 12, 2020
45	USCA Case Number	March 13, 2020	March 13, 2020 RECAP
46	Extension of Time to File Answer	March 25, 2020	March 25, 2020
47	Order on Motion for Extension of Time to Answer	March 25, 2020	March 25, 2020
48	Extension of Time to File Answer	June 25, 2020	June 25, 2020
49	ORDER Granting 48 Unopposed Motion for Extension of Time of All Pending Deadlines, including the Time to Answer or Otherwise Respond to the Complaint. Respondents must file their Answer or Response to the Complaint no later than September 4, 2020. Signed by Judge Dana M. Sabraw on 06/25/2020. (mme)	June 25, 2020	June 25, 2020 RECAP
50	Order on Motion to File Documents Under Seal AND Order on Motion for Miscellaneous (Other 1)	Aug. 7, 2020	Aug. 7, 2020
52	Extension of Time to File Answer	Aug. 11, 2020	Aug. 11, 2020
53	Order on Motion for Extension of Time to Answer	Aug. 12, 2020	Aug. 12, 2020
54	Extension of Time to File Answer	Oct. 7, 2020	Oct. 7, 2020
55	ORDER Granting Unopposed 54 Motion for Extension of Time of All Pending Deadlines including the Time to Answer or Otherwise Respond to the Complaint. Respondents must file their Answer or Response to the Complaint no later than January 4, 2021. Signed by Judge Dana M. Sabraw on 10/8/2020. (mme)	Oct. 8, 2020	Oct. 8, 2020 RECAP
56	Withdraw as Attorney	Oct. 21, 2020	Oct. 21, 2020
58	USCA Order	Nov. 23, 2020	Nov. 23, 2020
59	Notice of Appearance	Nov. 25, 2020	Nov. 25, 2020
60	USCA Order	Dec. 15, 2020	Dec. 15, 2020 RECAP
61	Extension of Time to File Answer	Dec. 30, 2020	Dec. 30, 2020
62	Order on Motion for Extension of Time to Answer	Jan. 4, 2021	Jan. 4, 2021
63	Extension of Time to File Answer	March 1, 2021	March 1, 2021
64	ORDER Granting 63 Unopposed Motion for Extension of Time of All Pending Deadlines, Including the Time to Answer or Otherwise Response to the Complaint re 63 MOTION for Extension of Time to File Answer Unopposed. Respondents must file their Answer or Response to the Complaint no later than May 4, 2021. Signed by Chief District Judge Dana M. Sabraw on 3/1/2021. (mme)	March 2, 2021	March 2, 2021 RECAP
65	Extension of Time to File Answer	May 4, 2021	May 4, 2021
66	Order on Motion for Extension of Time to Answer	May 4, 2021	May 4, 2021
67	Notice of Appearance	May 5, 2021	May 5, 2021
68	Withdrawal of Document	May 5, 2021	May 5, 2021
69	ORDER re 56 Withdrawal of Counsel. Attorney Rebecca Grace Church terminated. Signed by Chief District Judge Dana M. Sabraw on 5/10/2021. (mme)	May 11, 2021	May 11, 2021 RECAP
70	USCA Order	June 22, 2021	June 22, 2021
71	Extension of Time to File Answer	July 2, 2021	July 2, 2021
72	Order on Motion for Extension of Time to Answer	July 6, 2021	July 6, 2021
73	USCA Order	July 19, 2021	July 19, 2021
74	Order	July 30, 2021	July 30, 2021
75	Stay	Aug. 4, 2021	Aug. 4, 2021
76	Order on Motion to Stay	Aug. 4, 2021	Aug. 4, 2021 RECAP
77	USCA Order	Sept. 3, 2021	Sept. 3, 2021 RECAP
	Notice of Hearing	Oct. 4, 2021	Oct. 4, 2021
79	Extension of Time to File Answer	Oct. 25, 2021	Oct. 25, 2021
	Order on Motion for Extension of Time to Answer	Nov. 5, 2021	Nov. 5, 2021
82	USCA Mandate	Nov. 8, 2021	Nov. 8, 2021 RECAP
	Appeal Mandate Hearing	Nov. 8, 2021	Nov. 8, 2021
83	Extension of Time to File Answer	Dec. 16, 2021	Dec. 16, 2021
84	Notice of Change of Address	Dec. 17, 2021	Dec. 17, 2021
85	Order on Motion for Extension of Time to Answer	Dec. 21, 2021	Dec. 21, 2021
86	Notice (Other)	Feb. 2, 2022	Feb. 2, 2022
87	Stay	Feb. 2, 2022	Feb. 2, 2022
88	Notice (Other)	Feb. 15, 2022	Feb. 15, 2022
89	Response in Opposition to Motion	Feb. 18, 2022	Feb. 18, 2022
90	Notice (Other)	Feb. 19, 2022	Feb. 19, 2022
91	Reply to Response to Motion	Feb. 25, 2022	Feb. 25, 2022
92	~Util - Terminate Motion and R&R Deadlines/Hearings AND Order	Feb. 28, 2022	Feb. 28, 2022
93	Order Denying Stay and Finding of Mootness 87 , and Granting Unopposed Motion for 90-Day Extension to Answer. The Court grants the unopposed 90-day extension, giving Defendants until May 3, 2022, to answer or otherwise respond to the complaint. Signed by Chief District Judge Dana M. Sabraw on 3/14/2022. (zda) Modified on 3/15/2022 to update docket text; NEF regenerated (zda).	March 14, 2022	March 14, 2022 RECAP
94	Extension of Time to File Answer	May 3, 2022	May 3, 2022
95	Order on Motion for Extension of Time to Answer	May 4, 2022	May 4, 2022
96	Extension of Time to File Answer	July 5, 2022	July 5, 2022
97	Order on Motion for Extension of Time to Answer	July 6, 2022	July 6, 2022
98	Extension of Time to File Answer	July 29, 2022	July 29, 2022
99	Order on Motion for Extension of Time to Answer	Aug. 2, 2022	Aug. 2, 2022

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Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 1.0: Challenges to the Government

Key Dates

Filing Date: Nov. 5, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class consisting of “all individuals who are detained in CBP custody in California awaiting or undergoing non-refoulment interviews pursuant to what the government calls the 'Migrant Protection Protocols' program and who have retained lawyers.” 415 F. Supp. 3d 971.

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Homeland Security, Federal

U.S. Citizenship and Immigration Services, Federal

U.S. Customs and Border Protection, Federal

Defendant Type(s):

Jurisdiction-wide