Case: U.T. v. Barr

1:20-cv-00116 | U.S. District Court for the District of Columbia

Filed Date: Jan. 15, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 15, 2020, six individual plaintiffs, along with the Tahirih Justice Center and Las Americas Immigrant Advocacy Center, filed this lawsuit in the U.S. District Court for the District of Columbia, challenging the Trump Administration’s new policy of removing asylum seekers to Guatemala pursuant to an “asylum cooperative agreement” (ACA). The individual plaintiffs are noncitizens who came to the U.S. seeking asylum and were subsequently removed to Guatemala pursuant to the new policy. R…

On January 15, 2020, six individual plaintiffs, along with the Tahirih Justice Center and Las Americas Immigrant Advocacy Center, filed this lawsuit in the U.S. District Court for the District of Columbia, challenging the Trump Administration’s new policy of removing asylum seekers to Guatemala pursuant to an “asylum cooperative agreement” (ACA). The individual plaintiffs are noncitizens who came to the U.S. seeking asylum and were subsequently removed to Guatemala pursuant to the new policy. Represented by the National Immigrant Justice Center, the American Civil Liberties Union, and Human Rights First, the plaintiffs sued the Department of Justice and the Department of Homeland Security under the Administrative Procedure Act (APA), the Immigration and Nationality Act (INA), the Foreign Affairs Reform and Restructuring Act of 1998 (FARRA), and the U.S. Constitution. The plaintiffs alleged that the government’s new policy violated the APA, INA, FARRA, and the Suspension Clause. The plaintiffs sought declaratory and injunctive relief, including an order paroling the individual plaintiffs into the U.S. and vacating their removal orders, as well as attorneys fees and costs. The case was assigned to Judge Emmet G. Sullivan.

The U.S. signed ACAs with Guatemala, Honduras, and El Salvador in the summer of 2019, and on November 19, 2019, the government issued an Interim Final Rule establishing procedures for the removal of asylum seekers from the U.S. to those three countries. On November 20, the government issued written guidance implementing its ACA with Guatemala and began removing non-Guatemalan asylum seekers there. The plaintiffs challenged the Rule, as well as the agency guidance implementing the Guatemala ACA, arguing that they unlawfully deny individuals the right to apply for asylum in the U.S.

The plaintiffs brought the following claims: 1) the Rule violated the INA’s safe third country provision, 8 U.S.C. § 1158(a)(2)(A), which requires an individualized likelihood-of-persecution determination in every case prior to removal to a third country; it also requires that any receiving nation be equipped to provide asylum seekers access to full and fair asylum procedures. 2) the Rule violated the withholding of removal statute, 8 U.S.C. § 1231(b)(3), and FARRA, which bar the removal of individuals to countries where they would face torture or persecution on account of a protected ground. 3) the Rule violated the expedited removal statute, 8 U.S.C. § 1225(b), by denying access to a credible fear interview, and by depriving asylum seekers of numerous procedural safeguards created by Congress. 4) the Rule violated the APA because it is arbitrary and capricious and it was issued without the use of notice-and-comment procedures. 5) the Rule violated the Suspension Clause of the U.S. Constitution because it subjects individuals to expedited removal to third countries without the constitutionally required level of federal court review of an expedited removal order.

The plaintiffs’ motion for summary judgment is due by February 28, 2020. The case is ongoing.

Summary Authors

Sam Kulhanek (2/7/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16698886/parties/ut-v-barr/


Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Bookey, Blaine (California)

Borroto, Gianna (Illinois)

Daher, Annie (California)

Eiland, Katrina L. (California)

Fleming, Mark (Illinois)

Gelernt, Lee (New York)

Harrold, Adrienne (California)

Jadwat, Omar C. (New York)

Loyo, Ruben (Illinois)

Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Bookey, Blaine (California)

Borroto, Gianna (Illinois)

Daher, Annie (California)

Eiland, Katrina L. (California)

Fleming, Mark (Illinois)

Gelernt, Lee (New York)

Harrold, Adrienne (California)

Jadwat, Omar C. (New York)

Loyo, Ruben (Illinois)

Maitra, Sayoni (California)

Michelman, Scott (District of Columbia)

Musalo, Karen (California)

Roth, Charles G. (Illinois)

Russell, Morgan (California)

Spitzer, Arthur (District of Columbia)

Stottlemyer, Patricia (District of Columbia)

Veroff, Julie Michelle (California)

Vieux, Hardy (District of Columbia)

Zwick, Keren Hart (Illinois)

Attorneys(s) for Defendant

Reuveni, Erez (District of Columbia)

Ward, Brian Christopher (District of Columbia)

Documents in the Clearinghouse

Document

1:20-cv-00116

Docket

Feb. 10, 2020

Feb. 10, 2020

Docket
3

1:20-cv-00116

Complaint for Declaratory and Injunctive Relief

Jan. 15, 2020

Jan. 15, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16698886/ut-v-barr/

Last updated June 6, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

MOTION to Proceed Under Pseudonym by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T. (Attachments: # 1 Text of Proposed Order)(jf) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
2

ORDER granting 1 Motion for Leave to Proceed Under Pseudonym. Signed by Chief Judge Beryl A. Howell on 01/15/2020. (See Order for Full Detail) (jf) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
3

COMPLAINT against MATTHEW T. ALBENCE, WILLIAM BARR, KENNETH T. CUCCINELLI, EXECUTIVE OFFICE OF IMMIGRATION REVIEW, JAMES MCHENRY, MARK MORGAN, U.S. CITIZEN AND IMMIGRATION SERVICE, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF ( Filing fee $ 400, receipt number 4616102109) filed by H.D., U.T., M.H., E.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, TAHIRIH JUSTICE CENTER, H.R., J.R. (Attachments: # 1 Civil Cover Sheet)(zjf) (Entered: 01/15/2020)

1 Civil Cover Sheet

View on PACER

Jan. 15, 2020

Jan. 15, 2020

RECAP
4

SEALED Declarations re 3 Complaint, filed by H.D., M.H., H.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, TAHIRIH JUSTICE CENTER, U.T., E.R., J.R. (This document is SEALED and only available to authorized persons.)(zjf) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER

MINUTE ORDER. The Court, sua sponte, schedules a status conference for January 16, 2020 at 1:30 PM in Courtroom 24A. Plaintiffs are HEREBY DIRECTED to contact FORTHWITH the United States Attorney's Office for the District of Columbia and/or the United States Department of Homeland Security as appropriate to identify government counsel. Signed by Judge Emmet G. Sullivan on 1/15/2020. (lcegs3)

Jan. 15, 2020

Jan. 15, 2020

PACER
5

NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER

SUMMONS (13) Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (jf)

Jan. 15, 2020

Jan. 15, 2020

PACER

.Order

Jan. 16, 2020

Jan. 16, 2020

PACER

Set/Reset Hearings

Jan. 16, 2020

Jan. 16, 2020

PACER

Set/Reset Hearings: Status Conference set for 1/16/2020 at 1:30 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac)

Jan. 16, 2020

Jan. 16, 2020

PACER

Status Conference

Jan. 16, 2020

Jan. 16, 2020

PACER
6

NOTICE of Appearance- Pro Bono by Charles G. Roth on behalf of All Plaintiffs (Roth, Charles) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER
7

NOTICE of Appearance- Pro Bono by Gianna Borroto on behalf of All Plaintiffs (Borroto, Gianna) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER
8

NOTICE of Certification Pursuant to LCvR 83.2(g) -- Mark Fleming by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T. (Borroto, Gianna) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/16/2020. Answer due for ALL FEDERAL DEFENDANTS by 3/16/2020. (Zwick, Keren) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 1/16/2020. Per Reasons Stated On The Record, The Court Will Refer This Case To The Calendar Committee For Case Reassignment. (Court Reporter NANCY MEYER.) (mac)

Jan. 16, 2020

Jan. 16, 2020

PACER
10

NOTICE of Appearance by Erez Reuveni on behalf of All Defendants (Reuveni, Erez) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER

Summons Issued as to AUSA,USAG

Jan. 17, 2020

Jan. 17, 2020

PACER

Set/Reset Deadlines

Jan. 21, 2020

Jan. 21, 2020

PACER

.Order

Jan. 21, 2020

Jan. 21, 2020

PACER

MINUTE ORDER. At the January 16, 2020 status conference, the Court informed the parties that because Plaintiffs' counsel stated that a Temporary Restraining Order or Motion for Preliminary Injunction would not be filed, Clerk of Court procedures required the case to be returned to the Calendar Committee for random reassignment. The Court subsequently learned that it was provided with inaccurate information about Clerk of Court procedures. Accordingly, the case will remain assigned to this Court. The parties are ordered to submit, by no later than January 24, 2020, a joint recommendation for further proceedings. Signed by Judge Emmet G. Sullivan on 1/21/2020. (lcegs3)

Jan. 21, 2020

Jan. 21, 2020

PACER

Set/Reset Deadlines: Joint Recommendation due by 1/24/2020. (mac)

Jan. 21, 2020

Jan. 21, 2020

PACER
11

NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
12

STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 01/23/20. (Attachment: Exhibit 1) (mac) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katrina Eiland, Filing fee $ 100, receipt number ADCDC-6760596. Fee Status: Fee Paid. by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T. (Zwick, Keren) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Omar Jadwat, Filing fee $ 100, receipt number ADCDC-6760625. Fee Status: Fee Paid. by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T. (Zwick, Keren) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
15

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Morgan Russell, Filing fee $ 100, receipt number ADCDC-6760697. Fee Status: Fee Paid. by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T. (Zwick, Keren) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
16

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lee Gelernt, Filing fee $ 100, receipt number ADCDC-6760919. Fee Status: Fee Paid. by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T. (Zwick, Keren) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Jan. 24, 2020

Jan. 24, 2020

PACER

MINUTE ORDER granting 13 Motion for Leave to Appear Pro Hac Vice. Attorney Katrina Eiland is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 1/24/2020. (lcegs3)

Jan. 24, 2020

Jan. 24, 2020

PACER

MINUTE ORDER granting 14 Motion for Leave to Appear Pro Hac Vice. Attorney Omar Cassim Jadwat is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 1/24/2020. (lcegs3) Modified on 1/24/2020 (lcegs3).

Jan. 24, 2020

Jan. 24, 2020

PACER

MINUTE ORDER granting 15 Motion for Leave to Appear Pro Hac Vice. Attorney Morgan Russell is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 1/24/2020. (lcegs3)

Jan. 24, 2020

Jan. 24, 2020

PACER

MINUTE ORDER granting 16 Motion for Leave to Appear Pro Hac Vice. Attorney Lee Gelernt is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 1/24/2020. (lcegs3)

Jan. 24, 2020

Jan. 24, 2020

PACER
17

NOTICE of Appearance by Hardy Vieux on behalf of All Plaintiffs (Vieux, Hardy) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
18

NOTICE of Appearance by Patricia Stottlemyer on behalf of All Plaintiffs (Stottlemyer, Patricia) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
19

RESPONSE TO ORDER OF THE COURT re Order,, (joint scheduling proposal) filed by MATTHEW T. ALBENCE, WILLIAM BARR, KENNETH T. CUCCINELLI, EXECUTIVE OFFICE OF IMMIGRATION REVIEW, JAMES MCHENRY, MARK MORGAN, U.S. CITIZEN AND IMMIGRATION SERVICE, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF. (Reuveni, Erez) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

RECAP
20

NOTICE of Appearance by Katrina Eiland on behalf of All Plaintiffs (Eiland, Katrina) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
21

NOTICE of Appearance by Omar C. Jadwat on behalf of All Plaintiffs (Jadwat, Omar) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
22

NOTICE of Appearance by Lee Gelernt on behalf of All Plaintiffs (Gelernt, Lee) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER

.Order

Jan. 27, 2020

Jan. 27, 2020

PACER

MINUTE ORDER. In view of the parties' 19 Response to Order of the Court, the parties shall adhere to the following schedule: (1) Defendants shall produce the Administrative Record by no later than February 13, 2020; (2) Plaintiffs shall file their motion for summary judgment, which shall not exceed 45 pages, by no later than February 28, 2020; (3) any motions seeking leave to file an amicus curiae brief in support of Plaintiffs shall be filed by no later than March 6, 2020; (4) Defendants shall file their cross-motion for summary judgment and opposition, which shall not exceed 65 pages, by no later than March 25, 2020; (5) any motions seeking leave to file an amicus curiae brief in support of Defendants shall be filed by no later than April 1, 2020; (6) Plaintiffs shall file their opposition and reply, which shall not exceed 45 pages, by no later than April 10, 2020; and (7) Defendants shall file their reply, which shall not exceed 25 pages, by no later than April 29, 2020. It is FURTHER ORDERED that the parties shall adhere to the following deadlines to resolve any disputes concerning the Administrative Record: (1) Plaintiffs shall lodge any written objections to the Administrative Record to Defendants by no later than February 19, 2020; (2) the parties shall meet and confer to attempt to resolve any dispute by no later than February 20, 2020; and (3) if any disputes exist and remain unresolved, the parties shall file a joint status report by no later than February 24, 2020, concerning how to proceed, including what disputes remain, what briefing may be necessary to resolve those disputes, a schedule for that briefing, and the parties' positions on whether the dispute necessitates resolving the record disputes before merits briefing occurs. Signed by Judge Emmet G. Sullivan on 1/27/2020. (lcegs3)

Jan. 27, 2020

Jan. 27, 2020

PACER

MINUTE ORDER GOVERNING THE FILING OF AMICUS CURIAE BRIEFS. Any party seeking leave of the Court to file an amicus curiae brief in this case must comply with the rules and procedures set forth in this Order and Local Civil Rule 7(o). See LCvR 7(o). Pursuant to Local Civil Rule 7(o), an attorney seeking to file an amicus curiae brief shall attach the brief as an exhibit to the motion seeking leave to file the brief, which shall be filed in accordance with the Scheduling Order entered in this case. The motion seeking leave to file the amicus curiae brief shall identify the pending motion to which the proposed amicus curiae brief relates. Non-members of this Court's Bar seeking leave to file an amicus curiae brief shall comply with the applicable provisions of Local Civil Rule 83.2. See LCvR 83.2. Signed by Judge Emmet G. Sullivan on 1/27/2020. (lcegs3)

Jan. 27, 2020

Jan. 27, 2020

PACER

Set/Reset Deadlines

Jan. 28, 2020

Jan. 28, 2020

PACER

Set/Reset Deadlines: Defendants To Produce Administrative Record due by 2/13/2020. Plaintiff Motion For Summary Judgment due by 2/28/2020. Motions Seeking Leave To File An Amicus Curiae Brief In Support Of Plaintiffs due by 3/6/2020. Defendants Cross- Motion For Summary Judgment And Opposition due by 3/25/2020. Motions Seeking Leave To File An Amicus Curiae Brief In Support Of Defendants due by 4/1/2020. Plaintiffs Opposition And Reply due by 4/10/2020. Defendants Reply due by 4/29/2020. Plaintiffs To Lodge Any Written Objections To The Administrative Record To Defendants due by 2/19/2020. Parties Meet and Confer Conference due by 2/20/2020. Joint Status Report due by 2/24/2020. (mac)

Jan. 28, 2020

Jan. 28, 2020

PACER
23

NOTICE of Appearance by Brian Christopher Ward on behalf of All Defendants (Ward, Brian) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

PACER
24

NOTICE of Appearance by Morgan Russell on behalf of All Plaintiffs (Russell, Morgan) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
25

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/28/2020. (Eiland, Katrina) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
26

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MATTHEW T. ALBENCE served on 1/27/2020; KENNETH T. CUCCINELLI served on 1/27/2020; EXECUTIVE OFFICE OF IMMIGRATION REVIEW served on 1/28/2020; JAMES MCHENRY served on 1/27/2020; MARK MORGAN served on 1/27/2020; U.S. CITIZEN AND IMMIGRATION SERVICE served on 1/27/2020; U.S. DEPARTMENT OF JUSTICE served on 1/30/2020; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 1/27/2020; CHAD F. WOLF served on 1/27/2020 (Eiland, Katrina) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER

.Order

Feb. 7, 2020

Feb. 7, 2020

PACER

Set/Reset Deadlines

Feb. 7, 2020

Feb. 7, 2020

PACER

MINUTE ORDER. The Court has learned that the petitioners in H G-M, et al. v. Alex M. Azar II et al., Civil Action No. 7:20-cv-00010 (S.D. Tex.) (the "Southern District of Texas Action") challenge the removal procedures for asylum-seekers in accordance with the "Agreement Between the Government of the United States of America and the Government of the Republic of Guatemala on Cooperation Regarding the Examination of Protection Claims." Under the Local Civil Rules, civil cases can be deemed related when they involve common issues of fact or grow out of the same event or transaction. See LCvR 40.5(a)(3). The parties are directed to file a joint submission by no later than February 12, 2020, addressing the following issues: (1) whether the Southern District of Texas Action is related to this case within the meaning of the applicable Local Civil Rules; and (2) whether the parties should submit a Notice of Designation of Related Case pursuant to Local Civil Rule 40.5(b). Signed by Judge Emmet G. Sullivan on 2/7/2020. (lcegs3)

Feb. 7, 2020

Feb. 7, 2020

PACER

Set/Reset Deadlines: Joint Submission due by 2/12/2020. (mac)

Feb. 7, 2020

Feb. 7, 2020

PACER

MINUTE ORDER. The Court has been informed that H G-M, et al. v. Alex M. Azar II et al., Civil Action No. 7:20-cv-00010 (S.D. Tex.) will proceed in the Southern District of Texas with the approval of the Honorable Ricardo H. Hinojosa of the United States District Court for the Southern District of Texas. The Court's Minute Order of February 7, 2020, directing the parties to file the joint submission is hereby VACATED. Signed by Judge Emmet G. Sullivan on 2/7/2020. (lcegs3)

Feb. 7, 2020

Feb. 7, 2020

PACER
27

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Annie Daher, Filing fee $ 100, receipt number ADCDC-6815374. Fee Status: Fee Paid. by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T. (Zwick, Keren) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER
28

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Blaine Bookey, Filing fee $ 100, receipt number ADCDC-6815458. Fee Status: Fee Paid. by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T. (Zwick, Keren) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER
29

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Karen Musalo, Filing fee $ 100, receipt number ADCDC-6815489. Fee Status: Fee Paid. by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T. (Zwick, Keren) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER
30

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sayoni Maitra, Filing fee $ 100, receipt number ADCDC-6815503. Fee Status: Fee Paid. by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T. (Zwick, Keren) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER

MINUTE ORDER granting 27 Motion for Leave to Appear Pro Hac Vice. Attorney Annie P. Daher is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 2/10/2020. (lcegs3)

Feb. 10, 2020

Feb. 10, 2020

PACER

MINUTE ORDER granting 28 Motion for Leave to Appear Pro Hac Vice. Attorney Blaine M. Bookey is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 2/10/2020. (lcegs3)

Feb. 10, 2020

Feb. 10, 2020

PACER

MINUTE ORDER granting 29 Motion for Leave to Appear Pro Hac Vice. Attorney Karen B. Musalo is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 2/10/2020. (lcegs3)

Feb. 10, 2020

Feb. 10, 2020

PACER

MINUTE ORDER granting 30 Motion for Leave to Appear Pro Hac Vice. Attorney Sayoni Maitra is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 2/10/2020. (lcegs3)

Feb. 10, 2020

Feb. 10, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 11, 2020

Feb. 11, 2020

PACER
31

NOTICE of Appearance by Anne Daher on behalf of All Plaintiffs (Daher, Anne) (Main Document 31 replaced on 2/19/2020) (zjf). (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
32

NOTICE of Appearance by Blaine Bookey on behalf of All Plaintiffs (Bookey, Blaine) (Main Document 32 replaced on 2/19/2020) (zjf). (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
33

NOTICE of Appearance by Karen Musalo on behalf of All Plaintiffs (Musalo, Karen) (Main Document 33 replaced on 2/19/2020) (zjf). (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
34

NOTICE of Appearance by Sayoni Maitra on behalf of All Plaintiffs (Maitra, Sayoni) (Main Document 34 replaced on 2/19/2020) (zjf). (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
35

Joint STATUS REPORT Concerning Parties' Disputes Regarding Administrative Record by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T.. (Eiland, Katrina) (Entered: 02/24/2020)

Feb. 24, 2020

Feb. 24, 2020

RECAP
36

Joint MOTION for Leave to Submit Separate Appendices of Administrative Record Under Rule 7(n)(3) by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T. (Attachments: # 1 Text of Proposed Order)(Eiland, Katrina) Modified event on 2/26/2020 (znmw). (Entered: 02/24/2020)

Feb. 24, 2020

Feb. 24, 2020

PACER

Order on Motion for Miscellaneous Relief

Feb. 25, 2020

Feb. 25, 2020

PACER

.Order

Feb. 25, 2020

Feb. 25, 2020

PACER

MINUTE ORDER. In view of the parties' 35 Joint Status Report Concerning Parties' Disputes Regarding Administrative Record, the Court adopts the parties' proposal to resolve the narrow dispute regarding whether it is appropriate for Plaintiffs to cite extra-record evidence. The Court will resolve the narrow dispute with the existing cross-motions for summary judgment briefing schedule. The parties shall adhere to the following deadlines if Defendants object to Plaintiffs' reliance on any extra-record evidence in Plaintiffs' motion for summary judgment: (1) Defendants shall file a motion to strike by no later than March 25, 2020; (2) Plaintiffs shall file an opposition brief to Defendants' motion to strike by no later than April 10, 2020; and (3) Defendants shall file a reply brief by no later than April 29, 2020. Signed by Judge Emmet G. Sullivan on 2/25/2020. (lcegs3)

Feb. 25, 2020

Feb. 25, 2020

PACER

MINUTE ORDER granting 36 Joint Motion to Submit Separate Appendices of Administrative Record Under Rule 7(n)(3). Pursuant to Local Civil Rule 7(n)(3), the parties are permitted to file separate appendices of the administrative record with their respective cross-motions for summary judgment. Signed by Judge Emmet G. Sullivan on 2/25/2020. (lcegs3)

Feb. 25, 2020

Feb. 25, 2020

PACER

Set/Reset Deadlines

Feb. 26, 2020

Feb. 26, 2020

PACER

Set/Reset Deadlines: Defendants Motion To Strike due by 3/25/2020. Plaintiffs Opposition Brief To Defendants Motion To Strike due by 4/10/2020. Defendants Reply Brief due by 4/29/2020. (mac)

Feb. 26, 2020

Feb. 26, 2020

PACER
37

NOTICE of Appearance- Pro Bono by Ruben Loyo on behalf of All Plaintiffs (Loyo, Ruben) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
38

MOTION for Summary Judgment, MOTION for Permanent Injunction by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T. (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment, # 2 Statement of Facts, # 3 Declaration of Alondra Martinez, # 4 Exhibit #1-8, # 5 Declaration of Linda Corchado, # 6 Declaration of Rena Cutlip-Mason, # 7 Declaration of Claudia Paz y Paz Bailey, # 8 Declaration of Dr. Eric Hershberg, # 9 Declaration of Dr. Ursula Roldan Andrade, # 10 Declaration of Elizabeth Ann Oglesby, # 11 Declaration of Lisa Frydman, # 12 Declaration of Natalie Cadwalader-Schultheis, # 13 Text of Proposed Order)(Eiland, Katrina). Added MOTION for Permanent Injunction on 3/2/2020 (jf). (Entered: 02/28/2020)

1 Memorandum in Support of Motion for Summary Judgment

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2 Statement of Facts

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3 Declaration of Alondra Martinez

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4 Exhibit #1-8

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5 Declaration of Linda Corchado

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6 Declaration of Rena Cutlip-Mason

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7 Declaration of Claudia Paz y Paz Bailey

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8 Declaration of Dr. Eric Hershberg

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9 Declaration of Dr. Ursula Roldan Andrade

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10 Declaration of Elizabeth Ann Oglesby

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11 Declaration of Lisa Frydman

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12 Declaration of Natalie Cadwalader-Schultheis

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13 Text of Proposed Order

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Feb. 28, 2020

Feb. 28, 2020

PACER
39

JOINT APPENDIX (Plaintiffs' Separate Administrative Record Appendix) by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T.. (Eiland, Katrina) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
40

ERRATA to Plaintiffs' Memorandum in Support of Motion for Summary Judgment and Permanent Injunction by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T. 38 MOTION for Summary Judgment MOTION for Permanent Injunction filed by H.D., M.H., H.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, TAHIRIH JUSTICE CENTER, U.T., E.R., J.R.. (Attachments: # 1 Memorandum in Support)(Eiland, Katrina) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
41

ERRATA to Plaintiffs' Motion for Summary Judgment and Permanent Injunction by E.R., H.D., H.R., J.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.H., TAHIRIH JUSTICE CENTER, U.T. 38 MOTION for Summary Judgment MOTION for Permanent Injunction filed by H.D., M.H., H.R., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, TAHIRIH JUSTICE CENTER, U.T., E.R., J.R.. (Attachments: # 1 Motion for Summary Judgment and Permanent Injunction)(Eiland, Katrina) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
42

NOTICE of Appearance by David E. Carney on behalf of REFUGEES INTERNATIONAL (Carney, David) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
43

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lea Haber Kuck, Filing fee $ 100, receipt number ADCDC-6896284. Fee Status: Fee Paid. by REFUGEES INTERNATIONAL (Attachments: # 1 Declaration of L. Haber Kuck, # 2 Text of Proposed Order)(Carney, David) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
44

MOTION for Leave to File (Motion of Refugees International for Leave to File Amicus Curiae Brief in Support of Plaintiffs) by REFUGEES INTERNATIONAL (Attachments: # 1 Brief of Amicus Curiae Refugees International, # 2 Text of Proposed Order)(Carney, David) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
45

MOTION for Leave to File an Amicus Curiae Brief in Support of Plaintiffs' Motion for Summary Judgment and Permanent Injunction by NATIONAL CITIZENSHIP AND IMMIGRATION SERVICES COUNCIL 119 (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(Odom, Mary) (Entered: 03/06/2020)

1 Proposed Amicus Brief

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2 Text of Proposed Order

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March 6, 2020

March 6, 2020

PACER
46

NOTICE of Appearance by Mary J. Odom on behalf of NATIONAL CITIZENSHIP AND IMMIGRATION SERVICES COUNCIL 119 (Odom, Mary) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
47

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jordan M. Engelhardt, Filing fee $ 100, receipt number ADCDC-6896733. Fee Status: Fee Paid. by NATIONAL CITIZENSHIP AND IMMIGRATION SERVICES COUNCIL 119 (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Odom, Mary) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
48

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Muhammad Usman Faridi, Filing fee $ 100, receipt number ADCDC-6896847. Fee Status: Fee Paid. by NATIONAL CITIZENSHIP AND IMMIGRATION SERVICES COUNCIL 119 (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Odom, Mary) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
49

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth Riordan Hurley, Filing fee $ 100, receipt number ADCDC-6896962. Fee Status: Fee Paid. by NATIONAL CITIZENSHIP AND IMMIGRATION SERVICES COUNCIL 119 (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Odom, Mary) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
50

MOTION to Intervene MOTION for Leave to File Amicus Curiae Brief by CALIFORNIA, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, OREGON, RHODE ISLAND, VERMONT, WASHINGTON, AND THE DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit)(Zamora-Graziano, Rosa Erandi) Modified on 3/9/2020 (jf). (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
51

MOTION for Leave to File Amicus Brief in Support of Plaintiffs by Harvard Immigration and Refugee Clinical Program (Attachments: # 1 Brief of Amicus Curiae Harvard Immigration and Refugee Clinical Program In Support of Plaintiffs, # 2 Text of Proposed Order)(Schulman, Steven) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
52

MOTION for Leave to File MOTION for Leave to File Amicus Curiae Brief by CALIFORNIA, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, OREGON, RHODE ISLAND, VERMONT, WASHINGTON, AND THE D (Attachments: # 1 Exhibit)(Zamora-Graziano, Rosa Erandi) Modified event title on 3/9/2020 (znmw). (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
53

Amended MOTION for Leave to File Amicus Curiae Brief by CALIFORNIA, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, OREGON, RHODE ISLAND, VERMONT, WASHINGTON, AND THE D (Attachments: # 1 Exhibit)(Zamora-Graziano, Rosa Erandi) Modified on 3/9/2020 (znmw). (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
54

NOTICE of Appearance by Manoj Govindaiah on behalf of REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (Govindaiah, Manoj) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
55

MOTION for Leave to File an Amicus Curiae Brief in Support of Plaintiffs' Motion for Summary Judgment by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (Govindaiah, Manoj) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER

Order on Motion for Leave to File

March 9, 2020

March 9, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

March 9, 2020

March 9, 2020

PACER

MINUTE ORDER granting 43 Motion for Leave to Appear Pro Hac Vice. Attorney Lea Haber Kuck is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 3/9/2020. (lcegs3) Modified on 3/12/2020 (lcegs3).

March 9, 2020

March 9, 2020

PACER

MINUTE ORDER granting 44 Motion for Leave to File (Motion of Refugees International for Leave to File Amicus Curiae Brief in Support of Plaintiffs). The Amicus Curiae Brief, ECF No. 44-1, shall be deemed filed. Signed by Judge Emmet G. Sullivan on 3/9/2020. (lcegs3)

March 9, 2020

March 9, 2020

PACER

MINUTE ORDER granting 45 Motion for Leave to File an Amicus Curiae Brief in Support of Plaintiffs' Motion for Summary Judgment and Permanent Injunction. The Amicus Curiae Brief, ECF No. 45-1, shall be deemed filed. Signed by Judge Emmet G. Sullivan on 3/9/2020. (lcegs3)

March 9, 2020

March 9, 2020

PACER

MINUTE ORDER granting 47 Motion for Leave to Appear Pro Hac Vice. Attorney Jordan M. Engelhardt is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 3/9/2020. (lcegs3) Modified on 3/12/2020 (lcegs3).

March 9, 2020

March 9, 2020

PACER

MINUTE ORDER granting 48 Motion for Leave to Appear Pro Hac Vice. Attorney Muhammad Usman Faridi is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 3/9/2020. (lcegs3) Modified on 3/12/2020 (lcegs3).

March 9, 2020

March 9, 2020

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Jan. 15, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five noncitizens who came to the U.S. seeking asylum and were removed to Guatemala, the Tahirih Justice Center, and Las Americas Immigrant Advocacy Center.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Human Rights First

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice, Federal

U.S. Department of Homeland Security, Federal

U.S. Customs and Border Protection, Federal

U.S. Citizenship and Immigration Services, Federal

U.S. Immigration and Customs Enforcement, 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.

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Admission - procedure

Asylum - criteria

Asylum - procedure

Constitutional rights