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

Clearinghouse coding complete

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…

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 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. As the Clearinghouse summary of that case explains, the new Biden administration altered the policy in question and has sought dismissal. This case remains pending until Innovation Law Lab is resolved in the Supreme Court.

Summary Authors

Bogyung Lim (2/10/2020)

John Duffield (6/14/2021)

Related Cases

Innovation Law Lab v. Nielsen, Northern District of California (2019)

People

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


Judge(s)

Sabraw, Dana Makoto (California)

Attorneys(s) for Plaintiff

Langarica, Monika Yvette (California)

Loy, John David (California)

Markovitz, Jonathan Paul (California)

Vakili, Bardis (California)

Attorneys(s) for Defendant

Church, Rebecca G. (California)

Ramkumar, Archith (District of Columbia)

Judge(s)

Sabraw, Dana Makoto (California)

Attorneys(s) for Plaintiff

Langarica, Monika Yvette (California)

Loy, John David (California)

Markovitz, Jonathan Paul (California)

Vakili, Bardis (California)

Attorneys(s) for Defendant

Church, Rebecca G. (California)

Ramkumar, Archith (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Jan. 24, 2020 Docket
1

Complaint-Class Action and Petition for Writ of Habeas Corpus

Nov. 5, 2019 Complaint
18

Order Granting Motion for Temporary Restraining Order

415 F.Supp.3d 971

Nov. 12, 2019 Order/Opinion
40

Doe v. Wolf

Order Granting Motion for Classwide Preliminary Injunction

432 F.Supp.3d 1200

Jan. 14, 2020 Order/Opinion
39

Order Granting Motion for Class Certification

Doe v. Wolf

424 F.Supp.3d 1028, 2020 WL 209919

Jan. 14, 2020 Order/Opinion

Docket

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

Last updated May 16, 2022, 8 p.m.

ECF Number Description 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 Clearinghouse
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 PACER
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 Clearinghouse
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER

Status Conference

Nov. 6, 2019 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER

Motion Hearing

Nov. 8, 2019 PACER
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 PACER
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 PACER
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 Clearinghouse
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 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 PACER
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 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 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 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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER

Motion Hearing

Dec. 20, 2019 PACER
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 PACER
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 PACER
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 Clearinghouse
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 Clearinghouse
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 PACER
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 PACER
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 PACER
44

Notice of Appeal to 9th Circuit

March 12, 2020 PACER
45

USCA Case Number

March 13, 2020 RECAP
46

Extension of Time to File Answer

March 25, 2020 PACER
47

Order on Motion for Extension of Time to Answer

March 25, 2020 PACER
48

Extension of Time to File Answer

June 25, 2020 PACER
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 RECAP
50

Order on Motion to File Documents Under Seal AND Order on Motion for Miscellaneous (Other 1)

Aug. 7, 2020 PACER
52

Extension of Time to File Answer

Aug. 11, 2020 PACER
53

Order on Motion for Extension of Time to Answer

Aug. 12, 2020 PACER
54

Extension of Time to File Answer

Oct. 7, 2020 PACER
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 RECAP
56

Withdraw as Attorney

Oct. 21, 2020 PACER
58

USCA Order

Nov. 23, 2020 PACER
59

Notice of Appearance

Nov. 25, 2020 PACER
60

USCA Order

Dec. 15, 2020 RECAP
61

Extension of Time to File Answer

Dec. 30, 2020 PACER
62

Order on Motion for Extension of Time to Answer

Jan. 4, 2021 PACER
63

Extension of Time to File Answer

March 1, 2021 PACER
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 RECAP
65

Extension of Time to File Answer

May 4, 2021 PACER
66

Order on Motion for Extension of Time to Answer

May 4, 2021 PACER
67

Notice of Appearance

May 5, 2021 PACER
68

Withdrawal of Document

May 5, 2021 PACER
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 RECAP
70

USCA Order

June 22, 2021 PACER
71

Extension of Time to File Answer

July 2, 2021 PACER
72

Order on Motion for Extension of Time to Answer

July 6, 2021 PACER
73

USCA Order

July 19, 2021 PACER
74

Order

July 30, 2021 PACER
75

Stay

Aug. 4, 2021 PACER
76

Order on Motion to Stay

Aug. 4, 2021 PACER
77

USCA Order

Sept. 3, 2021 PACER

Notice of Hearing

Oct. 4, 2021 PACER
79

Extension of Time to File Answer

Oct. 25, 2021 PACER

Order on Motion for Extension of Time to Answer

Nov. 5, 2021 PACER

Appeal Mandate Hearing

Nov. 8, 2021 PACER
82

USCA Mandate

Nov. 8, 2021 PACER
83

Extension of Time to File Answer

Dec. 16, 2021 PACER
84

Notice of Change of Address

Dec. 17, 2021 PACER
85

Order on Motion for Extension of Time to Answer

Dec. 21, 2021 PACER
86

Notice (Other)

Feb. 2, 2022 PACER
87

Stay

Feb. 2, 2022 PACER
88

Notice (Other)

Feb. 15, 2022 PACER
89

Response in Opposition to Motion

Feb. 18, 2022 PACER
90

Notice (Other)

Feb. 19, 2022 PACER
91

Reply to Response to Motion

Feb. 25, 2022 PACER
92

~Util - Terminate Motion and R&R Deadlines/Hearings AND Order

Feb. 28, 2022 PACER
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 RECAP
94

Extension of Time to File Answer

May 3, 2022 PACER
95

Order on Motion for Extension of Time to Answer

May 4, 2022 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

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

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.

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Conditions of confinement

Confinement/isolation

Habeas Corpus

Over/Unlawful Detention

Pattern or Practice

Type of Facility:

Government-run

Immigration/Border:

Asylum - procedure

Constitutional rights

Detention - conditions

Detention - criteria

Detention - procedures

Immigration lawyers

Refugees

Undocumented immigrants - rights and duties