Case: Thuraissigiam v. U.S. Department of Homeland Security

3:18-cv-00135 | U.S. District Court for the Southern District of California

Filed Date: Jan. 19, 2018

Closed Date: Oct. 6, 2020

Clearinghouse coding complete

Case Summary

This case, currently being heard by the U.S. Supreme Court, is about whether the Constitution requires that noncitizens facing "expedited removal" have access to any review by federal judges. The Department of Justice has taken the position before the Supreme Court that there is no constitutional right to any judicial review of any deportation order, because the Suspension Clause--which bars congressional suspension of access to the judicial writ of habeas corpus (that is, to judicial review)--…

This case, currently being heard by the U.S. Supreme Court, is about whether the Constitution requires that noncitizens facing "expedited removal" have access to any review by federal judges. The Department of Justice has taken the position before the Supreme Court that there is no constitutional right to any judicial review of any deportation order, because the Suspension Clause--which bars congressional suspension of access to the judicial writ of habeas corpus (that is, to judicial review)--does not apply to deportations.

On January 19, 2018, a Sri Lankan citizen--arrested after crossing the U.S.-Mexico border without documentation and placed in expedited removal proceedings--filed this suit in the U.S. District Court for the Southern District of California. Represented by the ACLU, the plaintiff sued the U.S. Department of Homeland Security, several of its constituent agencies, and individual agency officials; he filed a habeas petition to challenge that the summary procedures leading to his expedited removal order violated his statutory, regulatory, and constitutional rights. He sought to vacate the removal order and requested relief in the form of a “new, meaningful opportunity to apply for asylum and other relief from removal.” Judge M. James Lorenz and Magistrate Judge Andrew G. Schopler were assigned to the case.

The plaintiff is a native of Sri Lanka and a Tamil, an ethnic minority group in Sri Lanka. The plaintiff fled Sri Lanka in 2016 and at some point ended up in Mexico. On February 17, 2017, the plaintiff crossed the border into the U.S., where he was arrested and placed in expedited removal proceedings. After the plaintiff indicated a fear of persecution in Sri Lanka, an asylum officer (employed by DHS) interviewed the plaintiff. The officer determined that the plaintiff had not established a credible fear of persecution. After a supervising officer and an immigration judge affirmed the officer's finding, the case was returned to DHS for the plaintiff's removal.

The plaintiff's petition asserted two causes of action. First, the plaintiff asserted that the credible fear screening deprived him of a right to apply for asylum, violating 8 U.S.C. § 1225(b)(1) and the international Convention Against Torture. Second, the plaintiff contended that the asylum officer and immigration judge violated due process by failing to provide the plaintiff with a meaningful opportunity to establish his claims. The core of the plaintiff's claim is that the government failed to follow the required procedures and apply the correct legal standards when evaluating his credible fear claim

On March 5, 2018, the defendants filed a Fed. R. Civ. P. 12(b)(1) motion to dismiss for lack of subject-matter jurisdiction, arguing that under 8 U.S.C. § 1252(e)(2)(B), federal courts are jurisdictionally barred from hearing direct challenges to expedited removal orders. Then, on March 7, 2018, the plaintiff filed an emergency motion for stay of removal, where he argued that the court does have jurisdiction to hear his petition under 8 U.S.C. § 1252(e)(2)(B) and to "review ... whether the negative credible fear determination was properly made." The plaintiff also asserted that the stay of removal was necessary because returning to Sri Lanka would expose him to extreme danger.

On March 7, 2018, Judge Lorenz recused himself and Judge Anthony J. Battaglia was randomly assigned to the case. On March 8, 2018, Judge Battaglia issued an order dismissing the case with prejudice for lack of jurisdiction, denying the plaintiff's emergency motion to stay removal proceedings, and denying the petitioner's ex parte application for temporary stay. Judge Battaglia reasoned that the clear reading of the applicable federal statute and consistent case law from the Ninth Circuit foreclosed the court's ability to analyze the removal order or review the credible fear determination that resulted in the plaintiff's removal order. The Ninth Circuit has held that the federal statute in question only allows the review of expedited removal orders explicitly enumerated in the statute. Thus, the court cannot broaden or expand the statute to include review based on the plaintiff's contentions. Judge Battaglia also held that the "statute’s 'strict restraints' on habeas review of expedited removal orders did not effectively suspend the writ of habeas corpus and were therefore constitutionally sound." 287 F. Supp. 3d 1077 (S.D. Cal. 2018).

On the same day, the plaintiff appealed the district court's dismissal and moved for a stay of removal pending appeal. On March 13, 2018, a Ninth Circuit motions panel initially denied the plaintiff's motion to stay removal. However, that decision was reversed on March 21, 2018, and the removal was stayed pending appeal.

On March 7, 2019, Judge Wallace Tashima of the Ninth Circuit issued an opinion reversing the district court's dismissal and remanded the case for further proceedings. Keeping in line with precedent, the appeals held that 8 U.S.C. § 1252(e) does not authorize jurisdiction to hear the plaintiff's petition. The appeals court then addressed whether the federal provision restricting habeas review violates the Suspension Clause (Article 1, § 9 of the Constitution, which mandates that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it”). The court found that the statute, which prevents judicial review of whether DHS complied with procedures or applied the correct legal standards, did not satisfy the constitutional minimum that requires such review. Therefore, the court concluded that the expedited removal statute violated the Suspension Clause because it bars claims relating to a procedural error. Judge Tashima remanded proceedings to the district court to consider the plaintiff's legal challenges to the procedures that led to the removal order. 917 F.3d 1097.

On August 2, 2019, the defendants filed a petition for writ of certiorari to the U.S. Supreme Court. The petition was granted on October 18, 2019 and oral argument was held before the Supreme Court on March 2, 2020.

The Court issued an opinion on June 25, 2020. The Court held that (1) the Illegal Immigration Reform and Immigrant Responsibility Act, in limiting habeas review in expedited-removal proceedings, does not violate the Suspension Clause because this interpretation of the writ would extend it far beyond the intended scope of the Constitution, and (2) the Sri Lankan plaintiff lacked the procedural due process right to judicial review of the adverse determination regarding whether or not he had a credible fear of persecution if sent home, as he was owed no additional processes than that dictated by the statute. Justice Alito authored the opinion which was joined by Chief Justice Roberts and Justices Gorsuch and Kavanaugh. Justice Thomas authored a concurring opinion and Justices Breyer authored a separate concurrence, joined by Justice Ginsberg. Justices Sotomayor and Kagan dissented.

The Court reversed the Ninth Circuit's judgment and remanded the case with directions that the application for habeas corpus be dismissed. In accordance with this opinion, on August 12, 2020, the Ninth Circuit issued an order affirming the district court's dismissal of the petition for a writ of habeas corpus. Accordingly, on October 6, the Ninth Circuit issued a mandate regarding the dismissal. The case is now closed.

Summary Authors

Aaron Gurley (2/24/2020)

Rachel Kreager (10/29/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6321028/parties/thuraissigiam-v-us-department-of-homeland-security/


Judge(s)

Battaglia, Anthony Joseph (California)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

Gelernt, Lee (New York)

Jadwat, Omar C. (New York)

Loy, John David (California)

Newell, Jennifer Chang (California)

Perez, Celso Javier (New York)

Thompson, Sarah D. (California)

Wang, Cecillia D (California)

Wofsy, Cody H. (California)

Judge(s)

Battaglia, Anthony Joseph (California)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

Gelernt, Lee (New York)

Jadwat, Omar C. (New York)

Loy, John David (California)

Newell, Jennifer Chang (California)

Perez, Celso Javier (New York)

Thompson, Sarah D. (California)

Wang, Cecillia D (California)

Wofsy, Cody H. (California)

Attorneys(s) for Defendant

Francisco, Noel (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Kneedler, Edwin S. (District of Columbia)

Press, Joshua S. (District of Columbia)

Reuveni, Erez (District of Columbia)

Tripp, Zachary D. (District of Columbia)

Other Attorney(s)

Brnovich, Mark (Arizona)

Cohen, David B. (New York)

Cox, Adam (New York)

Crandell, Rusty D. (Arizona)

Hunger, Sarah Ann (Illinois)

Jessen, Katherine H. (Arizona)

Kanefield, Joseph Andrew (Arizona)

Lazarus, Eli M. (California)

Levine, Noah Adam (New York)

Lipshutz, Joshua S. (District of Columbia)

Metlitsky, Anton (New York)

Mohan, Anna O. (District of Columbia)

Muse, Kathryn Hunt (Illinois)

Notz, Jane Elinor (Illinois)

Price, Matthew E. (District of Columbia)

Raoul, Kwame (Illinois)

Rodriguez, Cristina (Connecticut)

Roysden, Brunn Wall III (Arizona)

Savdie, Andrea (New York)

Sawyer, Kate B. (Arizona)

Scapellati, Ethan M. (New York)

Skinner, Oramel Horace (Arizona)

Sokoler, Jennifer B (New York)

VanDam, Jeff (Illinois)

Wishnie, Michael J. (Connecticut)

Documents in the Clearinghouse

Document

Docket

Jan. 24, 2020 Docket
1

Petition for Writ of Habeas Corpus

Jan. 19, 2018 Pleading / Motion / Brief
55

Order

287 F.Supp.3d 1077

March 8, 2018 Order/Opinion

Opinion

U. S. Court of Appeals for the Ninth Circuit

917 F.3d 1097

March 7, 2019 Order/Opinion

Petition for a Writ of Certiorari

Supreme Court of the United States

Aug. 1, 2019 Pleading / Motion / Brief

Petition for Writ of Habeas Corpus

U.S. Department of Homeland Security v. Thuraissigiam

Aug. 2, 2019 Other

Brief in Opposition

U.S. Department of Homeland Security v. Thuraissigiam

Supreme Court of the United States

Sept. 4, 2019 Pleading / Motion / Brief

Brief for the United States

U.S. Department of Homeland Security v. Thuraissigiam

Supreme Court of the United States

Dec. 9, 2019 Pleading / Motion / Brief

Brief for Amici Curiae the States of Arizona, Alabama, Alaska, Arkansas, Indiana, Louisiana, Nebraska, South Carolina, South Dakota, ad Texas in Support of Petitioners

U.S. Department of Homeland Security v. Thuraissigiam

Supreme Court of the United States

Dec. 16, 2019 Pleading / Motion / Brief

Brief for the States of Illinois, California, etc. as Amici Curiae in Support of Respondent

U.S. Department of Homeland Security v. Thuraissigiam

Supreme Court of the United States

Jan. 22, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Department of Homeland Security v. Thuraissigiam

ScotusBlog

Docket and filings. <br />Issue: Whether, as applied to the respondent, 8 U.S.C. § 1252(e)(2) is unconstitutional under the suspension clause. Jan. 22, 2020 https://www.scotusblog.com/case-files/cases/department-of-homeland-security-v-thuraissigiam/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6321028/thuraissigiam-v-us-department-of-homeland-security/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Petition for Writ of Habeas Corpus against Gregory Archambeault, L. Francis Cissna, Fred Figueroa, Pete Flores, Thomas Homan, Kevin K. McAleenan, Kirtjen Nielsen, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement ( Filing fee $ 5 receipt number 0974-10828736.), filed by Vijayakumar Thuraissigiam. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:18-cv-135-L-AGS. Judge M. James Lorenz and Magistrate Judge Andrew G. Schopler are assigned to the case. (Wofsy, Cody) (lrc) Modified to remove screening text . (jao). (Entered: 01/19/2018)

Jan. 19, 2018 PACER
2

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. (lrc) (dsn) (jao). (Entered: 01/19/2018)

Jan. 19, 2018 PACER
3

NOTICE of Appearance by John David Loy on behalf of Vijayakumar Thuraissigiam (Attachments: # 1 Proof of Service)(Loy, John)Attorney John David Loy added to party Vijayakumar Thuraissigiam(pty:pla) (dsn). (Entered: 01/31/2018)

Jan. 31, 2018 PACER
4

SUMMONS Returned Executed by Vijayakumar Thuraissigiam. Kirtjen Nielsen served. (Wofsy, Cody) (dsn). (Entered: 02/05/2018)

Feb. 5, 2018 PACER
5

SUMMONS Returned Executed by Vijayakumar Thuraissigiam. Gregory Archambeault served. (Wofsy, Cody) (dsn). (Entered: 02/05/2018)

Feb. 5, 2018 PACER
6

SUMMONS Returned Executed by Vijayakumar Thuraissigiam. U.S. Immigration and Customs Enforcement served. (Wofsy, Cody)(dsn). (Entered: 02/05/2018)

Feb. 5, 2018 PACER
7

SUMMONS Returned Executed by Vijayakumar Thuraissigiam. Kevin K. McAleenan served. (Wofsy, Cody) (dsn). (Entered: 02/05/2018)

Feb. 5, 2018 PACER
8

SUMMONS Returned Executed by Vijayakumar Thuraissigiam. U.S. Department of Homeland Security served. (Wofsy, Cody) (dsn). (Entered: 02/05/2018)

Feb. 5, 2018 PACER
9

SUMMONS Returned Executed by Vijayakumar Thuraissigiam. U.S. Customs and Border Protection served. (Wofsy, Cody) (dsn). (Entered: 02/05/2018)

Feb. 5, 2018 PACER
10

SUMMONS Returned Executed by Vijayakumar Thuraissigiam. Thomas Homan served. (Wofsy, Cody) (dsn). (Entered: 02/05/2018)

Feb. 5, 2018 PACER
11

SUMMONS Returned Executed by Vijayakumar Thuraissigiam. Pete Flores served. (Wofsy, Cody) (dsn). (Entered: 02/05/2018)

Feb. 5, 2018 PACER
12

SUMMONS Returned Executed by Vijayakumar Thuraissigiam. L. Francis Cissna served. (Wofsy, Cody) (dsn). (Entered: 02/05/2018)

Feb. 5, 2018 PACER
13

SUMMONS Returned Executed by Vijayakumar Thuraissigiam. U.S. Citizenship and Immigration Services served. (Wofsy, Cody) (Entered: 02/05/2018)

Feb. 5, 2018 PACER
14

SUMMONS Returned Executed by Vijayakumar Thuraissigiam. Fred Figueroa served. (Wofsy, Cody) (dsn). (Entered: 02/05/2018)

Feb. 5, 2018 PACER
15

SUMMONS Returned Executed by Vijayakumar Thuraissigiam. Jefferson Beauregard Sessions, III served. (Wofsy, Cody) (dsn). (Entered: 02/05/2018)

Feb. 5, 2018 PACER
16

Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-10889082.)(Gelernt, Lee)(QC Mailer; missing signature.)(jrd). (Entered: 02/06/2018)

Feb. 6, 2018 PACER
17

NOTICE of Appearance by Jennifer C. Newell on behalf of Vijayakumar Thuraissigiam (Newell, Jennifer)Attorney Jennifer C. Newell added to party Vijayakumar Thuraissigiam(pty:pet) (dsn). (Entered: 02/07/2018)

Feb. 7, 2018 PACER
18

Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-10889082 re: Doc. No. 16 ) (Gelernt, Lee)(jrd) (Entered: 02/08/2018)

Feb. 8, 2018 PACER
19

NOTICE of Appearance by Joshua Samuel Press on behalf of Gregory Archambeault, L. Francis Cissna, Fred Figueroa, Pete Flores, Thomas Homan, Kevin K. McAleenan, Kirtjen Nielsen, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Press, Joshua)Attorney Joshua Samuel Press added to party Gregory Archambeault(pty:dft), Attorney Joshua Samuel Press added to party L. Francis Cissna(pty:dft), Attorney Joshua Samuel Press added to party Fred Figueroa(pty:dft), Attorney Joshua Samuel Press added to party Pete Flores(pty:dft), Attorney Joshua Samuel Press added to party Thomas Homan(pty:dft), Attorney Joshua Samuel Press added to party Kevin K. McAleenan(pty:dft), Attorney Joshua Samuel Press added to party Kirtjen Nielsen(pty:dft), Attorney Joshua Samuel Press added to party Jefferson Beauregard Sessions, III(pty:dft), Attorney Joshua Samuel Press added to party U.S. Citizenship and Immigration Services(pty:dft), Attorney Joshua Samuel Press added to party U.S. Customs and Border Protection(pty:dft), Attorney Joshua Samuel Press added to party U.S. Department of Homeland Security(pty:dft), Attorney Joshua Samuel Press added to party U.S. Immigration and Customs Enforcement(pty:dft)(sjt). (Entered: 02/09/2018)

Feb. 9, 2018 PACER
20

ORDER Approving the Pro Hac Vice Application of Lee Gelernt, re 18 Request to Appear Pro Hac Vice. Signed by Judge M. James Lorenz on 2/12/2018.(kcm) (Entered: 02/13/2018)

Feb. 12, 2018 PACER
21

Joint MOTION to Bifurcate Briefing of Respondents' Rule 12(b) Motion by Gregory Archambeault, L. Francis Cissna, Fred Figueroa, Pete Flores, Thomas Homan, Kevin K. McAleenan, Kirtjen Nielsen, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Press, Joshua) (dsn). (Main Document 21 replaced on 2/26/2018) (anh). (Entered: 02/24/2018)

Feb. 24, 2018 PACER
22

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re 21 Joint MOTION to Bifurcate Briefing of Respondents' Rule 12(b) Motion. Non-compliance with local rule(s), CADS ECF Policies and Procedures ยง2(f)(4): no signature certification. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 2/26/2018.(anh) (Additional attachment(s) added on 2/26/2018: # 1 Stricken Document) (anh). (Entered: 02/26/2018)

Feb. 26, 2018 PACER
23

Joint MOTION to Bifurcate Briefing of Respondents' Rule 12(b) Motion by Gregory Archambeault, L. Francis Cissna, Fred Figueroa, Pete Flores, Thomas Homan, Kevin K. McAleenan, Kirtjen Nielsen, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Press, Joshua) (anh). (Entered: 02/26/2018)

Feb. 26, 2018 PACER
24

ORDER granting in part and denying in part 23 Motion to Bifurcate. Signed by Judge M. James Lorenz on 2/27/2018. (anh) (Entered: 02/28/2018)

Feb. 27, 2018 RECAP
25

MOTION to Dismiss by Gregory Archambeault, L. Francis Cissna, Fred Figueroa, Pete Flores, Thomas Homan, Kevin K. McAleenan, Kirtjen Nielsen, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Press, Joshua) (Entered: 03/05/2018)

March 5, 2018 PACER
26

***STRIKEN PER ORDER 38 *** MOTION to File Documents Under Seal (Press, Joshua)(mxn). (Main Document 26 replaced on 3/6/2018) (mxn). Modified to strike and edit docket text on 3/6/2018 (mxn). (Entered: 03/05/2018)

March 5, 2018 PACER
27

[FILED AS SEALED DOCUMENT ON 3/7/2018] - SEALED LODGED Proposed Document re: 26 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Press, Joshua)(mxn). (Main Document 27 replaced on 3/7/2018) (mxn). Modified on 3/7/2018 to add file date of lodgment (mxn). (Entered: 03/05/2018)

March 5, 2018 PACER
28

[FILED AS SEALED DOCUMENT ON 3/7/2018] - SEALED LODGED Proposed Document re: 26 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Press, Joshua)(mxn). (Main Document 28 replaced on 3/7/2018) (mxn). Modified on 3/7/2018 to add file date of lodgment (mxn). (Entered: 03/05/2018)

March 5, 2018 PACER
29

[FILED AS SEALED DOCUMENT ON 3/7/2018] - SEALED LODGED Proposed Document re: 26 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Press, Joshua)(mxn). (Main Document 29 replaced on 3/7/2018) (mxn). Modified on 3/7/2018 to add file date of lodgment (mxn). (Entered: 03/05/2018)

March 5, 2018 PACER
30

[FILED AS SEALED DOCUMENT ON 3/7/2018] - SEALED LODGED Proposed Document re: 26 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Press, Joshua)(mxn). (Main Document 30 replaced on 3/7/2018) (mxn). Modified on 3/7/2018 to add file date of lodgment (mxn). (Entered: 03/05/2018)

March 5, 2018 PACER
31

[FILED AS SEALED DOCUMENT ON 3/7/2018] - SEALED LODGED Proposed Document re: 26 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Press, Joshua)(mxn). (Main Document 31 replaced on 3/7/2018) (mxn). Modified on 3/7/2018 to add file date of lodgment (mxn). (Entered: 03/05/2018)

March 5, 2018 PACER
32

[FILED AS SEALED DOCUMENT ON 3/7/2018] - SEALED LODGED Proposed Document re: 26 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Press, Joshua)(mxn). (Main Document 32 replaced on 3/7/2018) (mxn). Modified on 3/7/2018 to add file date of lodgment (mxn). (Entered: 03/05/2018)

March 5, 2018 PACER
33

[FILED AS SEALED DOCUMENT ON 3/7/2018] - SEALED LODGED Proposed Document re: 26 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Press, Joshua)(mxn). (Main Document 33 replaced on 3/7/2018) (mxn). Modified on 3/7/2018 to add file date of lodgment (mxn). (Entered: 03/05/2018)

March 5, 2018 PACER
34

[FILED AS SEALED DOCUMENT ON 3/7/2018] - SEALED LODGED Proposed Document re: 26 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Press, Joshua)(mxn). (Main Document 34 replaced on 3/7/2018) (mxn). Modified on 3/7/2018 to add file date of lodgment (mxn). (Entered: 03/05/2018)

March 5, 2018 PACER
35

[FILED AS SEALED DOCUMENT ON 3/7/2018] - SEALED LODGED Proposed Document re: 26 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Press, Joshua)(mxn). (Main Document 35 replaced on 3/7/2018) (mxn). Modified on 3/7/2018 to add file date of lodgment (mxn). (Entered: 03/05/2018)

March 5, 2018 PACER
36

[FILED AS SEALED DOCUMENT ON 3/7/2018] - SEALED LODGED Proposed Document re: 26 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Press, Joshua)(mxn). (Main Document 36 replaced on 3/7/2018) (mxn). Modified on 3/7/2018 to add file date of lodgment (mxn). (Entered: 03/05/2018)

March 5, 2018 PACER
37

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting, from Defendants Gregory Archambeault, L. Francis Cissna, Fred Figueroa, Pete Flores, Thomas Homan, Kevin K. McAleenan, Kirtjen Nielsen, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Non-compliance with local rule(s), Civ. L. R. 7.1.e.8 Missing notation Special Briefing Schedule in the caption.. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 3/6/2018.(anh) (Entered: 03/06/2018)

March 6, 2018 PACER
38

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting, from Defendant Gregory Archambeault. Non-compliance with local rule(s), ECF ยง2.j. & j.1.b. - failure to properly serve opposing counsel with documents lodged under seal. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 3/6/2018.(mxn) (Additional attachment(s) added on 3/6/2018: # 1 Stricken Document) (mxn). (Entered: 03/06/2018)

March 6, 2018 PACER
39

MOTION to File Documents Under Seal (Press, Joshua) (Entered: 03/06/2018)

March 6, 2018 PACER
40

ORDER Granting 39 Motion to File Documents Under Seal. Signed by Judge M. James Lorenz on 3/7/2018. (mxn) (Entered: 03/07/2018)

March 7, 2018 PACER
51

MINUTE ORDER: Judge M. James Lorenz hereby recuses from this case and requests the Clerk to randomly reassign this matter to another district judge. Case randomly reassigned to Judge Anthony J. Battaglia for all further proceedings.Judge M. James Lorenz is no longer assigned. The new case number is 18cv0135-AJB-AGS.(no document attached) (cge) (Entered: 03/07/2018)

March 7, 2018 PACER
52

Emergency MOTION to Stay of Removal by Vijayakumar Thuraissigiam. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Proof of Service)(Gelernt, Lee) (acc). (Entered: 03/07/2018)

March 7, 2018 PACER
53

Emergency MOTION to Stay re 52 Emergency MOTION to Stay of Removal Pending Petitioner's Emergency Motion for Stay of Removal by Vijayakumar Thuraissigiam. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Proof of Service)(Gelernt, Lee) (acc). (Entered: 03/07/2018)

March 7, 2018 PACER
54

Joint MOTION to Shorten Time for Petitioner's Emergency Motion for Stay of Removal by Vijayakumar Thuraissigiam. (Gelernt, Lee) QC re: missing cert of service(acc). (Entered: 03/07/2018)

March 7, 2018 PACER
55

ORDER Dismissing Case with prejudice for lack of Jurisdiction; denying as moot 52, 53 Petitioner's Ex Parte Application for Temporary Stay; denying as moot 54 Joint Motion to Shorten Time for Petitioner's Emergency Motion for Stay of Removal; and denying as moot 25 Respondent's Motion to Dismiss. the Petition is DISMISSED WITH PREJUDICE for lack of subject matter jurisdiction. As a result, as there is no likelihood of success on the merits to support Petitioner's emergency motion for stay of removal, this motion is DENIED. (Doc. No. 52 (see Nken v. Holder, 556 U.S. 418, 426 (2009)). Thus, Respondents' motion to dismiss, Petitioner's ex parte application for a stay of removal pending his emergency motion, and the joint motion to shorten time for Petitioner's emergency motion for stay of removal are DENIED AS MOOT.4 (Doc. Nos. 25, 53, 54.) The Clerk of Court is DIRECTED to CLOSE this case. Signed by Judge Anthony J. Battaglia on 3/8/2018. (acc) (Entered: 03/08/2018)

March 8, 2018 RECAP
56

CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Petition is DISMISSED WITH PREJUDICE for lack of subject matter jurisdiction. As a result, asthere is no likelihood of success on the merits to support Petitioner's emergency motion for stay of removal, this motion is DENIED. (Doc. No. 52 (see Nken v. Holder, 556 U.S. 418, 426 (2009)). Thus, Respondents' motion to dismiss, Petitioner's ex parte application for a stay of removal pending his emergency motion, and the joint motion to shorten time for Petitioner's emergency motion for stay of removal are DENIED AS MOOT.4 (Doc. Nos. 25, 53, 54.) The Clerk of Court is DIRECTED to CLOSE this case.(acc) (Entered: 03/08/2018)

March 8, 2018 PACER
57

NOTICE OF APPEAL to the 9th Circuit as to 56 Clerk's Judgment, 55 Order, by Vijayakumar Thuraissigiam. (Filing fee $ 505 receipt number 0974-10997026.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: # 1 Judgment and Order, # 2 Representation Statement)(Newell, Jennifer). (Modified on 3/9/2018: Edited docket text re linked Order and Judgment.) (akr). (Entered: 03/08/2018)

March 8, 2018 PACER
58

USCA Case Number 18-55313 for 57 Notice of Appeal to the 9th Circuit, filed by Vijayakumar Thuraissigiam. (no document attached) (akr) (Entered: 03/09/2018)

March 9, 2018 PACER
59

ORDER of USCA as to 57 Notice of Appeal to 9th Circuit, filed by Vijayakumar Thuraissigiam Appellant's request for a temporary stay of removal contained within Docket Entry No. 2 is granted. Appellees' response to the motion for a stay pending appeal is due March 12, 2018 at 9:00 am Pacific Time. Appellant's optional reply is due March 12, 2018 at 1:00 pm Pacific Time. The briefing schedule established previously remains in effect. (akr) (Entered: 03/09/2018)

March 9, 2018 PACER
60

ORDER of USCA as to 57 Notice of Appeal to 9th Circuit, filed by Vijayakumar Thuraissigiam. Appellant's motion for a stay of removal pending appeal is denied... The briefing schedule established previously remains in effect. (akr) (Entered: 03/12/2018)

March 12, 2018 PACER
61

***VACATED BY THE USCA PER 63 ORDER OF USCA***: ORDER of USCA as to 57 Notice of Appeal to 9th Circuit, filed by Vijayakumar Thuraissigiam. The motion for reconsideration is denied. The motion for reconsideration en banc is denied on behalf of the court. The motion to stay appellant's removal pending the motion for reconsideration is denied as moot. The briefing schedule established previously remains in effect. (akr). (Modified on 3/22/2018: This Order has been vacated by the USCA.) (akr). (Entered: 03/14/2018)

March 13, 2018 PACER
62

ORDER of USCA as to 57 Notice of Appeal to 9th Circuit, filed by Vijayakumar Thuraissigiam. In response to a request from a member of the court, the USCA's March 13, 2018 order is vacated to the extent that the order denies reconsideration en banc on behalf of the court. Appellant's removal from the United States is stayed pending further court order. This matter is deemed urgent. The Clerk shall set an expedited briefing schedule and refer this matter to a three-judge panel for resolution. All other pending motions will be addressed by separate order. (akr) (Entered: 03/21/2018)

March 21, 2018 PACER
63

ORDER of USCA as to 57 Notice of Appeal to 9th Circuit, filed by Vijayakumar Thuraissigiam. The motion for summary affirmance is denied without prejudice to renewing the arguments in the briefing. The USCA's March 13, 2018 order is vacated in its entirety. Appellant's removal remains stayed. The Clerk will establish a briefing schedule by separate order. (akr) (Entered: 03/22/2018)

March 22, 2018 PACER
64

ORDER of USCA as to 57 Notice of Appeal to the 9th Circuit filed by Vijayakumar Thuraissigiam. Respondents-Appellees' unopposed motion for extension of time to file petition for rehearing and rehearing en banc is granted. The time within which to file the petition is extended to and including June 5, 2019. (akr) (Entered: 04/17/2019)

April 17, 2019 PACER
65

NOTICE of Spreading the Mandate: Appeal Mandate Hearing set for 8/29/2019 02:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. (no document attached) (ymm) (Entered: 08/07/2019)

Aug. 7, 2019 PACER

Notice of Spreading the Mandate

Aug. 7, 2019 PACER
66

Joint MOTION to Hold In Abeyance by Vijayakumar Thuraissigiam. (Gelernt, Lee) (jrm). (Entered: 08/21/2019)

Aug. 21, 2019 PACER
67

ORDER granting Joint Motion to Hold Case in Abeyance (Doc. No. 66 ). Signed by Judge Anthony J. Battaglia on 8/22/2019. (jrm) (jao). (Entered: 08/22/2019)

Aug. 22, 2019 PACER
68

NOTICE of Vacated Hearing. Hearing re: Spreading the Mandate. Case held in abeyance. (no document attached) (sc) (Entered: 08/28/2019)

Aug. 28, 2019 PACER

~Util - Terminate Hearings

Aug. 28, 2019 PACER

Order

Aug. 28, 2019 PACER

Notice of Vacated Hearing(s)

Aug. 28, 2019 PACER
69

ORDER by Judge Anthony J. Battaglia:Due to [doc 66] Order granting Joint Motion to Hold Case in Abeyance filed, the Appeal Mandate Hearing set for 8/29/19 @ 2pm before Judge Battaglia is vacated. (jrm) (Entered: 2019-08-22 ) (no document attached) (ymm) (Entered: 08/28/2019)

Aug. 28, 2019 PACER
70

MOTION to Withdraw as Attorney, Jennifer Chang Newell by Vijayakumar Thuraissigiam. (Attachments: # 1 Proposed Order)(Wofsy, Cody) (jrm). (Entered: 01/23/2020)

Jan. 23, 2020 PACER
71

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting re 70 MOTION to Withdraw as Attorney, Jennifer Chang Newell, from Plaintiff Vijayakumar Thuraissigiam. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by the Chambers of Judge Anthony J. Battaglia.(jrm) (Entered: 01/24/2020)

Jan. 24, 2020 PACER
72

ORDER granting 70 Motion to Withdraw as Attorney. Signed by Judge Anthony J. Battaglia on 1/24/2020. (jrm) (Entered: 01/27/2020)

Jan. 24, 2020 PACER
73

USCA Order

Aug. 12, 2020 PACER
74

USCA Mandate

Oct. 6, 2020 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 19, 2018

Closing Date: Oct. 6, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Sri Lankan citizen who was ordered to be removed

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Due Process: Procedural Due Process

Suspension Clause

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Habeas Corpus

Immigration/Border:

Asylum - criteria

Asylum - procedure

Convention against Torture

Deportation - procedure