Case: New York v. U.S. Immigration and Customs Enforcement

1:19-cv-08876 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 25, 2019

Case Ongoing

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Case Summary

On September 25, 2019, the State of New York and the Kings County District Attorney filed this lawsuit in the U.S. District Court for the Southern District of New York against U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Homeland Security (DHS). Represented by private counsel, the plaintiffs challenged the federal government’s new directive authorizing civil immigration arrests in and around New York State courthouses (“the Directive”). The plaintiffs sought injunct…

In their complaint, the plaintiffs stated that prior to a January 2018 ICE directive addressing “Civil Immigration Enforcement Actions Inside Courthouses,” there was a longstanding practice of avoiding civil immigration arrests in and around state courthouses. And, because New York recognizes a common-law privilege against civil arrests in, or while traveling to or from, courthouses, the plaintiffs argued that the Directive, which generally authorizes such arrests, violates the APA by exceeding ICE’s statutory authority. The plaintiffs also claimed that the Directive is arbitrary and capricious in violation of the APA because it was issued absent adequate justification or explanation.

Next, the plaintiffs alleged that implementation of the Directive disrupts the effective functioning of the State’s court system, deters victims and witnesses from assisting law enforcement and vindicating their rights, hinders criminal prosecution, and undermines public safety. The plaintiffs also noted that ICE enforcement actions at New York State courthouses had “skyrocketed” since the Directive was issued, and that such enforcement had significantly chilled participation in the courts. Thus, the plaintiffs argued that the Directive violates the Tenth Amendment by impermissibly interfering with New York’s right to form its own government by disrupting state court operations and impeding criminal prosecutions.

On October 23, 2019, the defendants filed a motion to dismiss. The defendants claimed that the Directive is unreviewable under the APA, there is no federal common-law immunity from immigration enforcement for those who are subject to ICE arrest, and that the Directive does not implicate the Tenth Amendment because it does not command or compel state actors to take any action.

On December 19, 2019, the district court denied the defendants’ motion to dismiss with respect to all of the plaintiffs’ claims for relief. First, Judge Rakoff found that the Directive was final agency action subject to judicial review. Next, he held that the common-law privilege against civil courthouse arrests applies to immigration arrests, and has not been displaced by federal immigration law. Finally, he found that the facts presented demonstrate that ICE has commandeered state and local judges and court officials not to take action in response to ICE courthouse arrests, even when such arrests cause great disruption and state agents would therefore normally intervene. 431 F.Supp.3d 377.

The plaintiffs filed a motion for summary judgment on March 13, 2020. The motion was accompanied by three amicus briefs: one from former nominee to be U.S. Attorney General for Civil Rights and Commissioner of the U.S. Commission on Civil Rights Debo Adegbile, another from Harvard Law Professor Nikolas Bowie, and a third from the New York Bar Association.

Judge Rakoff granted the plaintiff's motion for summary judgment on June 10, 2020. He held that the Immigration and Nationality Act incorporated the English common law rule preventing service and arrest on people in or traveling to a courthouse. He also ruled that the policy change violated the APA's arbitrary and capricious review standard. He was not persuaded by the defendants' arguments that executive orders and policy directives from DHS effectively mandated that arrests must be carried out in courthouses because the orders mandated no such thing. In granting the summary judgment motion, Judge Rakoff also granted the motion for declaratory and injunctive relief and enjoined ICE from carrying out any civil arrests in New York courthouses. 2020 WL 3067715.

On August 7, 2020, the defendants appealed to the Second Circuit. As of December 23, 2020, the appeal is pending.

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Summary Authors

Sam Kulhanek (3/8/2020)

Ellen Aldin (6/11/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16243304/parties/state-of-new-york/

Judge(s)

Attorney for Plaintiff

Colangelo, Matthew (New York)

Eisman, Scott Andrew (New York)

Attorney for Defendant

Expert/Monitor/Master/Other

Adegbile, Debo Patrick (New York)

Axelrod, Lauren Grant (New York)

Bowie, Nikolas (Massachusetts)

Judge(s)

Rakoff, Jed Saul (New York)

Attorney for Plaintiff

Colangelo, Matthew (New York)

Eisman, Scott Andrew (New York)

Fajana, Morenike (New York)

Harris, Jill (New York)

James, Letitia (New York)

Kaye, Fiona Jeannette (New York)

Lichstein, Toni C (New York)

Malhotra, Anjana (New York)

Nogueira, Daniela (New York)

Savitzky, Ari Joseph (New York)

Wu, Steven C. (New York)

Attorney for Defendant

Friedman, Rebecca Ruth (New York)

Oestericher, Jeffrey Stuart (New York)

Onozawa, Tomoko (New York)

Expert/Monitor/Master/Other

Adegbile, Debo Patrick (New York)

Axelrod, Lauren Grant (New York)

Bowie, Nikolas (Massachusetts)

Lawson, Theresa Dawn (New York)

Neilson, Victoria (New York)

Rao, Rahul (Washington)

Sokoler, Jennifer B (New York)

Sutherland, Brian A. (California)

Zafran, Jarret A (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:19-cv-08876	Docket [PACER]	Nov. 20, 2020	Nov. 20, 2020 Docket
1 1:19-cv-08876	Complaint	Sept. 25, 2019	Sept. 25, 2019 Complaint
51 1:19-cv-08876	Opinion and Order	Dec. 19, 2019	Dec. 19, 2019 Order/Opinion 431 F.Supp.3d 377
84 1:19-cv-08876	Brief of Professor Nikolas Bowie as Amicus Curiae in Support of Plaintiffs' Motion for Summary Judgment State of New York v. ICE	March 13, 2020	March 13, 2020 Pleading / Motion / Brief
83 1:19-cv-08876	Brief of Former Judges as Amici Curiae in Support of Plaintiffs' Motion for Summary Judgment State of New York v. ICE	March 13, 2020	March 13, 2020 Pleading / Motion / Brief
87 1:19-cv-08876	Brief of Amicus Curiae Association of the Bar of the City of New York in Support of Plaintiffs' Motion for Summary Judgment State of New York v. ICE	March 13, 2020	March 13, 2020 Pleading / Motion / Brief
109 1:19-cv-08876	Opinion and Order State of New York v. ICE	June 10, 2020	June 10, 2020 Order/Opinion 466 F.Supp.3d 439

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16243304/state-of-new-york/

Last updated March 5, 2024, 3:09 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against United States Immigration and Customs Enforcement, Matthew T. Albence, United States Department of Homeland Security, Kevin K. McAleenan. (Filing Fee $ 400.00, Receipt Number ANYSDC-17659362)Document filed by State of New York, Eric Gonzalez. (Attachments: # 1 Exhibit 1 (ICE Directive Number 11072.1, "Civil Immigration Enforcement Actions Inside Courthouses"), # 2 Exhibit 2 (2017 N.Y. State Unified Court System Policy), # 3 Exhibit 3 (2019 N.Y. State Unified Court System Policy))(Colangelo, Matthew) (Entered: 09/25/2019) 1 Exhibit 1 (ICE Directive Number 11072.1, "Civil Immigration Enforcement Act View on PACER 2 Exhibit 2 (2017 N.Y. State Unified Court System Policy) View on PACER 3 Exhibit 3 (2019 N.Y. State Unified Court System Policy) View on PACER	Sept. 25, 2019	Sept. 25, 2019 RECAP
2	FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Colangelo, Matthew) Modified on 9/26/2019 (jgo). (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
3	REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
4	REQUEST FOR ISSUANCE OF SUMMONS as to Matthew T. Albence, in his official capacity as Acting Director of United States Immigration and Customs Enforcement, re: 1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
5	REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
6	REQUEST FOR ISSUANCE OF SUMMONS as to Kevin K. McAleenan, in his official capacity as Acting Secretary of Homeland Security, re: 1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
7	CIVIL COVER SHEET filed. (Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
8	STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-8892. Document filed by Eric Gonzalez, State of New York.(Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 RECAP
1	COMPLAINT against United States Immigration and Customs Enforcement, Matthew T. Albence, United States Department of Homeland Security, Kevin K. McAleenan. (Filing Fee $ 400.00, Receipt Number ANYSDC-17659362)Document filed by State of New York, Eric Gonzalez. (Attachments: # 1 Exhibit 1 (ICE Directive Number 11072.1, "Civil Immigration Enforcement Actions Inside Courthouses"), # 2 Exhibit 2 (2017 N.Y. State Unified Court System Policy), # 3 Exhibit 3 (2019 N.Y. State Unified Court System Policy))(Colangelo, Matthew) (Entered: 09/25/2019) 1 Exhibit 1 (ICE Directive Number 11072.1, "Civil Immigration Enforcement Act View on PACER 2 Exhibit 2 (2017 N.Y. State Unified Court System Policy) View on PACER 3 Exhibit 3 (2019 N.Y. State Unified Court System Policy) View on PACER	Sept. 25, 2019	Sept. 25, 2019 RECAP
2	FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Colangelo, Matthew) Modified on 9/26/2019 (jgo). (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
3	REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
4	REQUEST FOR ISSUANCE OF SUMMONS as to Matthew T. Albence, in his official capacity as Acting Director of United States Immigration and Customs Enforcement, re: 1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
5	REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
6	REQUEST FOR ISSUANCE OF SUMMONS as to Kevin K. McAleenan, in his official capacity as Acting Secretary of Homeland Security, re: 1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
7	CIVIL COVER SHEET filed. (Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
8	STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-8892. Document filed by Eric Gonzalez, State of New York.(Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 RECAP
1	COMPLAINT against United States Immigration and Customs Enforcement, Matthew T. Albence, United States Department of Homeland Security, Kevin K. McAleenan. (Filing Fee $ 400.00, Receipt Number ANYSDC-17659362)Document filed by State of New York, Eric Gonzalez. (Attachments: # 1 Exhibit 1 (ICE Directive Number 11072.1, "Civil Immigration Enforcement Actions Inside Courthouses"), # 2 Exhibit 2 (2017 N.Y. State Unified Court System Policy), # 3 Exhibit 3 (2019 N.Y. State Unified Court System Policy))(Colangelo, Matthew) (Entered: 09/25/2019) 1 Exhibit 1 (ICE Directive Number 11072.1, "Civil Immigration Enforcement Act View on PACER 2 Exhibit 2 (2017 N.Y. State Unified Court System Policy) View on PACER 3 Exhibit 3 (2019 N.Y. State Unified Court System Policy) View on PACER	Sept. 25, 2019	Sept. 25, 2019 RECAP
2	FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Colangelo, Matthew) Modified on 9/26/2019 (jgo). (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
3	REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
4	REQUEST FOR ISSUANCE OF SUMMONS as to Matthew T. Albence, in his official capacity as Acting Director of United States Immigration and Customs Enforcement, re: 1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
5	REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
6	REQUEST FOR ISSUANCE OF SUMMONS as to Kevin K. McAleenan, in his official capacity as Acting Secretary of Homeland Security, re: 1 Complaint,,. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
7	CIVIL COVER SHEET filed. (Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 PACER
8	STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-8892. Document filed by Eric Gonzalez, State of New York.(Colangelo, Matthew) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 RECAP
	***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Colangelo. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:551;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 05:702;. (jgo)	Sept. 26, 2019	Sept. 26, 2019 PACER
	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew Colangelo. The party information for the following party/parties has been modified: State of New York; Eric Gonzalez; United States Immigration and Customs Enforcement; Matthew T. Albence; United States Department of Homeland Security; Kevin K. McAleenan. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error; party text was removed. (jgo)	Sept. 26, 2019	Sept. 26, 2019 PACER
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo)	Sept. 26, 2019	Sept. 26, 2019 PACER
	Case Designated ECF. (jgo)	Sept. 26, 2019	Sept. 26, 2019 PACER
	CASE REFERRED TO Judge Alison J. Nathan as possibly related to 19-cv-8892. (jgo)	Sept. 26, 2019	Sept. 26, 2019 PACER
9	ELECTRONIC SUMMONS ISSUED as to Kevin K. McAleenan. (jgo) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
10	ELECTRONIC SUMMONS ISSUED as to Matthew T. Albence. (jgo) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
11	ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (jgo) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
12	ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (jgo) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
13	NOTICE OF APPEARANCE by Scott Andrew Eisman on behalf of State of New York. (Eisman, Scott) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
14	AFFIDAVIT OF SERVICE. All Defendants. Service was made by Mail. Document filed by State of New York, Eric Gonzalez. (Colangelo, Matthew) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
	CASE DECLINED AS NOT RELATED. Case referred as related to 19cv8892 and declined by Judge Alison Nathan and returned to wheel for assignment. (wb)	Sept. 26, 2019	Sept. 26, 2019 PACER
	NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Unassigned is no longer assigned to the case. (wb)	Sept. 26, 2019	Sept. 26, 2019 PACER
	Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (wb)	Sept. 26, 2019	Sept. 26, 2019 PACER
	***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Colangelo. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:551;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 05:702;. (jgo)	Sept. 26, 2019	Sept. 26, 2019 PACER
	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew Colangelo. The party information for the following party/parties has been modified: State of New York; Eric Gonzalez; United States Immigration and Customs Enforcement; Matthew T. Albence; United States Department of Homeland Security; Kevin K. McAleenan. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error; party text was removed. (jgo)	Sept. 26, 2019	Sept. 26, 2019 PACER
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo)	Sept. 26, 2019	Sept. 26, 2019 PACER
	Case Designated ECF. (jgo)	Sept. 26, 2019	Sept. 26, 2019 PACER
	CASE REFERRED TO Judge Alison J. Nathan as possibly related to 19-cv-8892. (jgo)	Sept. 26, 2019	Sept. 26, 2019 PACER
9	ELECTRONIC SUMMONS ISSUED as to Kevin K. McAleenan. (jgo) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
10	ELECTRONIC SUMMONS ISSUED as to Matthew T. Albence. (jgo) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
11	ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (jgo) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
12	ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (jgo) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
13	NOTICE OF APPEARANCE by Scott Andrew Eisman on behalf of State of New York. (Eisman, Scott) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
14	AFFIDAVIT OF SERVICE. All Defendants. Service was made by Mail. Document filed by State of New York, Eric Gonzalez. (Colangelo, Matthew) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
	CASE DECLINED AS NOT RELATED. Case referred as related to 19cv8892 and declined by Judge Alison Nathan and returned to wheel for assignment. (wb)	Sept. 26, 2019	Sept. 26, 2019 PACER
	NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Unassigned is no longer assigned to the case. (wb)	Sept. 26, 2019	Sept. 26, 2019 PACER
	Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (wb)	Sept. 26, 2019	Sept. 26, 2019 PACER
	***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Colangelo. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:551;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 05:702;. (jgo)	Sept. 26, 2019	Sept. 26, 2019 PACER
	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew Colangelo. The party information for the following party/parties has been modified: State of New York; Eric Gonzalez; United States Immigration and Customs Enforcement; Matthew T. Albence; United States Department of Homeland Security; Kevin K. McAleenan. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error; party text was removed. (jgo)	Sept. 26, 2019	Sept. 26, 2019 PACER
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo)	Sept. 26, 2019	Sept. 26, 2019 PACER
	Case Designated ECF. (jgo)	Sept. 26, 2019	Sept. 26, 2019 PACER
	CASE REFERRED TO Judge Alison J. Nathan as possibly related to 19-cv-8892. (jgo)	Sept. 26, 2019	Sept. 26, 2019 PACER
9	ELECTRONIC SUMMONS ISSUED as to Kevin K. McAleenan. (jgo) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
10	ELECTRONIC SUMMONS ISSUED as to Matthew T. Albence. (jgo) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
11	ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (jgo) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
12	ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (jgo) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
13	NOTICE OF APPEARANCE by Scott Andrew Eisman on behalf of State of New York. (Eisman, Scott) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
14	AFFIDAVIT OF SERVICE. All Defendants. Service was made by Mail. Document filed by State of New York, Eric Gonzalez. (Colangelo, Matthew) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
	CASE DECLINED AS NOT RELATED. Case referred as related to 19cv8892 and declined by Judge Alison Nathan and returned to wheel for assignment. (wb)	Sept. 26, 2019	Sept. 26, 2019 PACER
	NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Unassigned is no longer assigned to the case. (wb)	Sept. 26, 2019	Sept. 26, 2019 PACER
	Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (wb)	Sept. 26, 2019	Sept. 26, 2019 PACER
15	NOTICE OF APPEARANCE by Anjana Malhotra on behalf of State of New York. (Malhotra, Anjana) (Entered: 09/27/2019)	Sept. 27, 2019	Sept. 27, 2019 PACER
15	NOTICE OF APPEARANCE by Anjana Malhotra on behalf of State of New York. (Malhotra, Anjana) (Entered: 09/27/2019)	Sept. 27, 2019	Sept. 27, 2019 PACER
15	NOTICE OF APPEARANCE by Anjana Malhotra on behalf of State of New York. (Malhotra, Anjana) (Entered: 09/27/2019)	Sept. 27, 2019	Sept. 27, 2019 PACER
16	NOTICE OF COURT CONFERENCE: Initial Conference set for 10/8/2019 at 11:30 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 10/3/2019) (jwh) (Entered: 10/03/2019)	Oct. 3, 2019	Oct. 3, 2019 PACER
17	NOTICE OF COURT CONFERENCE: Initial Conference set for 10/31/2019 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 10/3/2019) (jwh)	Oct. 3, 2019	Oct. 3, 2019 PACER
	***DELETED DOCUMENT. Deleted document number 17 NOTICE OF COURT CONFERENCE. The document was incorrectly filed in this case. (jwh)	Oct. 3, 2019	Oct. 3, 2019 PACER
16	NOTICE OF COURT CONFERENCE: Initial Conference set for 10/8/2019 at 11:30 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 10/3/2019) (jwh) (Entered: 10/03/2019)	Oct. 3, 2019	Oct. 3, 2019 PACER
17	NOTICE OF COURT CONFERENCE: Initial Conference set for 10/31/2019 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 10/3/2019) (jwh)	Oct. 3, 2019	Oct. 3, 2019 PACER
	***DELETED DOCUMENT. Deleted document number 17 NOTICE OF COURT CONFERENCE. The document was incorrectly filed in this case. (jwh)	Oct. 3, 2019	Oct. 3, 2019 PACER
16	NOTICE OF COURT CONFERENCE: Initial Conference set for 10/8/2019 at 11:30 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 10/3/2019) (jwh) (Entered: 10/03/2019)	Oct. 3, 2019	Oct. 3, 2019 PACER
17	NOTICE OF COURT CONFERENCE: Initial Conference set for 10/31/2019 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 10/3/2019) (jwh)	Oct. 3, 2019	Oct. 3, 2019 PACER
	***DELETED DOCUMENT. Deleted document number 17 NOTICE OF COURT CONFERENCE. The document was incorrectly filed in this case. (jwh)	Oct. 3, 2019	Oct. 3, 2019 PACER
18	NOTICE OF APPEARANCE by Rebecca Ruth Friedman on behalf of Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Friedman, Rebecca) (Entered: 10/07/2019)	Oct. 7, 2019	Oct. 7, 2019 PACER
19	NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Oestericher, Jeffrey) (Entered: 10/07/2019)	Oct. 7, 2019	Oct. 7, 2019 PACER
18	NOTICE OF APPEARANCE by Rebecca Ruth Friedman on behalf of Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Friedman, Rebecca) (Entered: 10/07/2019)	Oct. 7, 2019	Oct. 7, 2019 PACER
19	NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Oestericher, Jeffrey) (Entered: 10/07/2019)	Oct. 7, 2019	Oct. 7, 2019 PACER
18	NOTICE OF APPEARANCE by Rebecca Ruth Friedman on behalf of Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Friedman, Rebecca) (Entered: 10/07/2019)	Oct. 7, 2019	Oct. 7, 2019 PACER
19	NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Oestericher, Jeffrey) (Entered: 10/07/2019)	Oct. 7, 2019	Oct. 7, 2019 PACER
20	CIVIL CASE MANAGEMENT PLAN: Ready for Trial by 3/8/2020. Motion To Dismiss: Moving - 10/23; Answering - 11/5; Reply - 11/12; Oral Argument set for 11/20/2019 at 04:00 PM before Judge Jed S. Rakoff. Amended Pleadings due by 12/17/2019. Joinder of Parties due by 12/17/2019. Administrative Record to be filed by 12/10/19. Deposition due by 2/14/2020. Discovery due by 2/14/2020. Motions due by 2/24/2020. Responses due by 3/3/2020. Replies due by 3/10/2020. Oral Argument set for 3/19/2020 at 02:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 3/19/2020 at 02:00 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 10/8/2019) (jwh) (Entered: 10/08/2019)	Oct. 8, 2019	Oct. 8, 2019 PACER
	Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 10/8/2019, ( Final Pretrial Conference set for 3/19/2020 at 02:00 PM before Judge Jed S. Rakoff., Oral Argument set for 11/20/2019 at 04:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)	Oct. 8, 2019	Oct. 8, 2019 PACER
20	CIVIL CASE MANAGEMENT PLAN: Ready for Trial by 3/8/2020. Motion To Dismiss: Moving - 10/23; Answering - 11/5; Reply - 11/12; Oral Argument set for 11/20/2019 at 04:00 PM before Judge Jed S. Rakoff. Amended Pleadings due by 12/17/2019. Joinder of Parties due by 12/17/2019. Administrative Record to be filed by 12/10/19. Deposition due by 2/14/2020. Discovery due by 2/14/2020. Motions due by 2/24/2020. Responses due by 3/3/2020. Replies due by 3/10/2020. Oral Argument set for 3/19/2020 at 02:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 3/19/2020 at 02:00 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 10/8/2019) (jwh) (Entered: 10/08/2019)	Oct. 8, 2019	Oct. 8, 2019 PACER
	Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 10/8/2019, ( Final Pretrial Conference set for 3/19/2020 at 02:00 PM before Judge Jed S. Rakoff., Oral Argument set for 11/20/2019 at 04:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)	Oct. 8, 2019	Oct. 8, 2019 PACER
20	CIVIL CASE MANAGEMENT PLAN: Ready for Trial by 3/8/2020. Motion To Dismiss: Moving - 10/23; Answering - 11/5; Reply - 11/12; Oral Argument set for 11/20/2019 at 04:00 PM before Judge Jed S. Rakoff. Amended Pleadings due by 12/17/2019. Joinder of Parties due by 12/17/2019. Administrative Record to be filed by 12/10/19. Deposition due by 2/14/2020. Discovery due by 2/14/2020. Motions due by 2/24/2020. Responses due by 3/3/2020. Replies due by 3/10/2020. Oral Argument set for 3/19/2020 at 02:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 3/19/2020 at 02:00 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 10/8/2019) (jwh) (Entered: 10/08/2019)	Oct. 8, 2019	Oct. 8, 2019 PACER
	Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 10/8/2019, ( Final Pretrial Conference set for 3/19/2020 at 02:00 PM before Judge Jed S. Rakoff., Oral Argument set for 11/20/2019 at 04:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)	Oct. 8, 2019	Oct. 8, 2019 PACER
21	NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Onozawa, Tomoko) (Entered: 10/10/2019)	Oct. 10, 2019	Oct. 10, 2019 PACER
21	NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Onozawa, Tomoko) (Entered: 10/10/2019)	Oct. 10, 2019	Oct. 10, 2019 PACER
21	NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Onozawa, Tomoko) (Entered: 10/10/2019)	Oct. 10, 2019	Oct. 10, 2019 PACER
22	NOTICE OF APPEARANCE by Jill Harris on behalf of Eric Gonzalez. (Harris, Jill) (Entered: 10/15/2019)	Oct. 15, 2019	Oct. 15, 2019 PACER
23	TRANSCRIPT of Proceedings re: CONFERENCE held on 10/8/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. 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. Redaction Request due 11/5/2019. Redacted Transcript Deadline set for 11/15/2019. Release of Transcript Restriction set for 1/13/2020.(McGuirk, Kelly) (Entered: 10/15/2019)	Oct. 15, 2019	Oct. 15, 2019 PACER
24	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/8/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/15/2019)	Oct. 15, 2019	Oct. 15, 2019 PACER
22	NOTICE OF APPEARANCE by Jill Harris on behalf of Eric Gonzalez. (Harris, Jill) (Entered: 10/15/2019)	Oct. 15, 2019	Oct. 15, 2019 PACER
23	TRANSCRIPT of Proceedings re: CONFERENCE held on 10/8/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. 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. Redaction Request due 11/5/2019. Redacted Transcript Deadline set for 11/15/2019. Release of Transcript Restriction set for 1/13/2020.(McGuirk, Kelly) (Entered: 10/15/2019)	Oct. 15, 2019	Oct. 15, 2019 PACER
24	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/8/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/15/2019)	Oct. 15, 2019	Oct. 15, 2019 PACER
22	NOTICE OF APPEARANCE by Jill Harris on behalf of Eric Gonzalez. (Harris, Jill) (Entered: 10/15/2019)	Oct. 15, 2019	Oct. 15, 2019 PACER