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

Clearinghouse coding complete

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…

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 injunctive and declaratory relief, alleging that the Directive violates the Administrative Procedure Act (APA) and the Tenth Amendment. The case was assigned to Judge Jed S. Rakoff.

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.

Summary Authors

Sam Kulhanek (3/8/2020)

Ellen Aldin (6/11/2020)

Related Cases

Doe v. U.S. Immigration and Customs Enforcement, Southern District of New York (2019)

People

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


Judge(s)

Rakoff, Jed Saul (New York)

Attorneys(s) 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)

Judge(s)

Rakoff, Jed Saul (New York)

Attorneys(s) 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)

Attorneys(s) for Defendant

Friedman, Rebecca Ruth (New York)

Oestericher, Jeffrey Stuart (New York)

Onozawa, Tomoko (New York)

Other Attorney(s)

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)

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

431 F.Supp.3d 377

Dec. 19, 2019

Dec. 19, 2019

Order/Opinion
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
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
109

1:19-cv-08876

Opinion and Order

State of New York v. ICE

466 F.Supp.3d 439, 2020 WL 3067715

June 10, 2020

June 10, 2020

Order/Opinion

Resources

Docket

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

Last updated May 31, 2022, 3:04 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

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2 Exhibit 2 (2017 N.Y. State Unified Court System Policy)

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3 Exhibit 3 (2019 N.Y. State Unified Court System Policy)

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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
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
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
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
25

MOTION to Dismiss . Document filed by Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Responses due by 11/5/2019 Return Date set for 11/20/2019 at 04:00 PM.(Onozawa, Tomoko) (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

PACER
26

MEMORANDUM OF LAW in Support re: 25 MOTION to Dismiss . . Document filed by Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Onozawa, Tomoko) (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

RECAP
27

DECLARATION of AUSA Tomoko Onozawa in Support re: 25 MOTION to Dismiss .. Document filed by Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Onozawa, Tomoko) (Entered: 10/23/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Oct. 23, 2019

Oct. 23, 2019

PACER

Notice Regarding Deleted Document

Oct. 25, 2019

Oct. 25, 2019

PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/25/2019. (Kotowski, Linda)

Oct. 25, 2019

Oct. 25, 2019

PACER
28

NOTICE OF APPEARANCE by Morenike Fajana on behalf of State of New York. (Fajana, Morenike) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/4/2019. (Kotowski, Linda)

Nov. 4, 2019

Nov. 4, 2019

PACER
29

Amicus Curiae APPEARANCE entered by Theresa Dawn Lawson on behalf of Immigrant Defense Project.(Lawson, Theresa) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
30

BRIEF BRIEF OF AMICI CURIAE IMMIGRANT DEFENSE PROJECT AND 40 LEGAL SERVICES ORGANIZATIONS, PUBLIC DEFENDER ORGANIZATIONS, AND NON-PROFIT ORGANIZATIONS IN SUPPORT OF PLAINTIFFS. Document filed by Immigrant Defense Project.(Lawson, Theresa) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
31

NOTICE OF APPEARANCE by Brian Adair Sutherland on behalf of Immigration Law Scholars. (Sutherland, Brian) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
32

BRIEF of Amicus Curiae Immigration Law Scholars. Document filed by Immigration Law Scholars.(Sutherland, Brian) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
33

MEMORANDUM OF LAW in Opposition re: 25 MOTION to Dismiss . . Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

RECAP
34

BRIEF of Former Judges as Amici Curiae in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. Document filed by Former Judges.(Adegbile, Debo) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
35

BRIEF of Professor Nikolas Bowie as Amicus Curiae In Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. Document filed by Nikolas Bowie.(Sokoler, Jennifer) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
36

NOTICE OF APPEARANCE by Jennifer Sokoler on behalf of Nikolas Bowie. (Sokoler, Jennifer) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

PACER
37

AMENDED BRIEF of Professor Nikolas Bowie as Amicus Curiae In Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. Document filed by Nikolas Bowie.(Sokoler, Jennifer) (Entered: 11/07/2019)

Nov. 7, 2019

Nov. 7, 2019

PACER
38

REPLY MEMORANDUM OF LAW in Support re: 25 MOTION to Dismiss . . Document filed by Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Onozawa, Tomoko) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/18/2019. (Kotowski, Linda)

Nov. 18, 2019

Nov. 18, 2019

PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 11/20/2019 re: 25 MOTION to Dismiss . filed by United States Immigration and Customs Enforcement, Kevin K. McAleenan, Matthew T. Albence, United States Department of Homeland Security. (Kotowski, Linda)

Nov. 20, 2019

Nov. 20, 2019

PACER
39

TRANSCRIPT of Proceedings re: CONFERENCE held on 11/20/2019 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 12/16/2019. Redacted Transcript Deadline set for 12/26/2019. Release of Transcript Restriction set for 2/24/2020.(McGuirk, Kelly) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
40

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/20/19 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: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
41

SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 25 MOTION to Dismiss . . Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

RECAP
42

SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 25 MOTION to Dismiss . . Document filed by Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Onozawa, Tomoko) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

PACER
43

DECLARATION of AUSA Tomoko Onozawa (Supplemental Declaration) in Support re: 25 MOTION to Dismiss .. Document filed by Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A (Transcript of November 20, 2019 oral argument))(Onozawa, Tomoko) (Entered: 12/03/2019)

1 Exhibit A (Transcript of November 20, 2019 oral argument)

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Dec. 3, 2019

Dec. 3, 2019

PACER
44

MOTION for Nikolas Bowie to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18221662. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nikolas Bowie. (Attachments: # 1 Declaration of Jennifer B. Sokoler, # 2 Declaration of Nikolas Bowie, # 3 Certificate of Good Standing - Massachusetts, # 4 Text of Proposed Order)(Sokoler, Jennifer) (Entered: 12/05/2019)

1 Declaration of Jennifer B. Sokoler

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2 Declaration of Nikolas Bowie

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3 Certificate of Good Standing - Massachusetts

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4 Text of Proposed Order

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Dec. 5, 2019

Dec. 5, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 44 MOTION for Nikolas Bowie to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18221662. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Dec. 5, 2019

Dec. 5, 2019

PACER
45

LETTER addressed to Judge Jed S. Rakoff from T. Komatsu, dated 12/5/19 re: Non-party Tomaki Komatsu submits this letter to the Court to request to be granted intervention as of right pursuant to Federal Rule of Civil Procedure Rule 24 (a)(2) or permissive intervention pursuant to FRCP Rule 24(b) in order to intervene as an interested party or to appear in it as an amicus curiae etc. (sc) (Entered: 12/06/2019)

Dec. 5, 2019

Dec. 5, 2019

PACER
46

ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting 44 Motion for Nikolas Bowie to Appear Pro Hac Vice. SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/8/2019) (ks) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
48

LETTER addressed to Judge Jed S. Rakoff from T. Komatsu, dated 12/9/19 re: Plaintiff files this letterwith the Court in order to supplement the application which he filed on 12/5/19 to intervene in this case; and that supplement primarily concerns audio and visual recordings which he discussed between pages 66 and 69 within a table that appears in that filing etc. (sc) (Entered: 12/11/2019)

Dec. 9, 2019

Dec. 9, 2019

RECAP
47

NOTICE OF APPEARANCE by Nikolas Bowie on behalf of Nikolas Bowie. (Bowie, Nikolas) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
49

LETTER addressed to Judge Jed S. Rakoff from T. Komatsu. dated 12/13/19 re: Nonparty Towaki Komatsu submits this letter to the Court to further supplement the application which he filed in this action to be granted the ability to intervene in it or otherwise appear as an amicus curiae. (sc) (Entered: 12/16/2019)

Dec. 13, 2019

Dec. 13, 2019

PACER
50

MEMORANDUM ORDER re: 45 Letter: Non-party Towaki Komatsu, proceeding prose, petitions the Court for leave to intervene in the instant lawsuit under Fed. R. Civ. P. 24 or, in the alternative, to appear as an amicus curiae. ECF Nos. 45, 48 & 49. For the following reasons, his motion is denied. (Signed by Judge Jed S. Rakoff on 12/17/2019) (jwh) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

RECAP
51

OPINION AND ORDER re: 25 MOTION to Dismiss: For the aforementioned reasons, the motion to dismiss is hereby denied with respect to all of plaintiffs' claims for relief. The stay granted from the bench at oral argument is lifted, and the case management plan adopted on October 8, 2019 is amended as follows: The administrative record is to be filed by no later than January 3, 2020; all discovery is to be completed by February 28, 2020; moving papers for any post-discovery summary judgment motions are to be filed no later than March 13, 2020, with answering papers by no later than March 27, 2020 and reply papers by no later than April 3, 2020; and a final pre-trial conference, as well as oral argument on any summary judgment motions, will be held on April 14, 2020 at 11:00 AM. (Signed by Judge Jed S. Rakoff on 12/19/2019) (jwh) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

RECAP

Set/Reset Deadlines: Discovery due by 2/28/2020. Motions due by 3/13/2020. Responses due by 3/27/2020. Replies due by 4/3/2020. Set/Reset Hearings: Final Pretrial Conference set for 4/14/2020 at 11:00 AM before Judge Jed S. Rakoff. Oral Argument set for 4/14/2020 at 11:00 AM before Judge Jed S. Rakoff. (jwh)

Dec. 19, 2019

Dec. 19, 2019

PACER
52

LETTER addressed to Judge Jed S. Rakoff from T. Komatsu, dated 12/18/19 re: Plaintiff informs the Court that he files this letter pursuant to Federal Rules of Civil Procedure Rule 60 to request to be granted reconsideration of the order, which the Court issued on 12/16/19, denying his request to be granted authorization to intervene in this action and to otherwise appear as an amicus curiae in it etc. (sc) (Entered: 12/20/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
53

LETTER addressed to Judge Jed S. Rakoff from T. Komatsu, dated 12/20/19 re: Plaintiff files this letter to present further grounds to be granted reconsideration of the order which the Court issued on 12/16/19 in this action in which the Court denied both his request to be granted authorization to intervene and to otherwise appear as an amicus curiae in it. (sc) (Entered: 12/26/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
54

ORDER re: 53 Letter, 52 Letter: Without the permission of the Court, non-pprty Towaki Komatsu has submitted not one but two ex parte letters asking the Court to reconsider its December 17 order denying his motion to intervene in the above-captioned case. Finding the arguments in his latest submissions without merit, his motion for reconsideration is denied. Komatsu is directed to refrain from further unauthorized communications with the Court. (Signed by Judge Jed S. Rakoff on 12/29/2019) (jwh) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

RECAP
55

NOTICE of Filing of Administrative Record. Document filed by Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 AR 1-110, # 2 AR 111-170)(Onozawa, Tomoko) (Entered: 01/03/2020)

1 AR 1-110

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2 AR 111-170

View on PACER

Jan. 3, 2020

Jan. 3, 2020

PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/3/2020. (Kotowski, Linda)

Jan. 3, 2020

Jan. 3, 2020

PACER
58

LETTER addressed to Judge Jed S. Rakoff from T. Komatsu, dated 1/5/20 re: This letter motion is in response to the order which the Court issued in this action on 12/29/19; and that the order is patently unlawful primarily because it violates my First Amendment right to petition courts for redress of grievances which include violations of my Fourteenth Amendment equal protection rights that would certainly and unlawfully occur if the Court issues a decision in favor of the plaintiffs in this action. (sc) (Entered: 01/09/2020)

Jan. 5, 2020

Jan. 5, 2020

RECAP
56

ANSWER to 1 Complaint,,. Document filed by Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Onozawa, Tomoko) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER

Minute Order Proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/7/2020. (Kotowski, Linda)

Jan. 7, 2020

Jan. 7, 2020

PACER
57

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Scott Eisman to Withdraw as Attorney . Document filed by Eric Gonzalez, State of New York. (Attachments: # 1 Affidavit of Scott A. Eisman)(Eisman, Scott) Modified on 2/3/2020 (ldi). (Entered: 01/08/2020)

1 Affidavit of Scott A. Eisman

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Jan. 8, 2020

Jan. 8, 2020

PACER
59

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of motion to compel production of privilege log. Document filed by Eric Gonzalez, State of New York. (Colangelo, Matthew) Modified on 1/23/2020 (ldi). (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
60

MEMO ENDORSEMENT granting 57 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. (Attorney Scott Andrew Eisman terminated.) (Signed by Judge Jed S. Rakoff on 1/9/2020) (jwh) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
61

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Compel Defendants to produce privilege log identifying materials withheld from the Administrative Record. Document filed by Eric Gonzalez, State of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Colangelo, Matthew) Modified on 1/23/2020 (ldi). (Entered: 01/14/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

View on PACER

4 Exhibit 4

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Jan. 14, 2020

Jan. 14, 2020

PACER
62

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 61 MOTION to Compel Defendants to produce privilege log identifying materials withheld from the Administrative Record. . Document filed by Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Onozawa, Tomoko) Modified on 1/23/2020 (ldi). (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER

Notice to Attorney to Re-File Document - Deficient Docket Entry Error

Jan. 23, 2020

Jan. 23, 2020

PACER

Notice to Attorney to Re-File Document - Event Type Error

Jan. 23, 2020

Jan. 23, 2020

PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Matthew Colangelo to RE-FILE Document 59 Notice (Other). Use the event type Compel found under the event list Motions. (ldi)

Jan. 23, 2020

Jan. 23, 2020

PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Matthew Colangelo to RE-FILE Document 61 MOTION to Compel Defendants to produce privilege log identifying materials withheld from the Administrative Record. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi)

Jan. 23, 2020

Jan. 23, 2020

PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Tomoko Onozawa to RE-FILE Document 62 Memorandum of Law in Opposition to Motion. ERROR(S): document linked to filing error. (ldi)

Jan. 23, 2020

Jan. 23, 2020

PACER
63

MOTION to Compel Defendants to produce privilege log identifying materials withheld from the Administrative Record . Document filed by Eric Gonzalez, State of New York.(Colangelo, Matthew) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
64

MEMORANDUM OF LAW in Support re: 63 MOTION to Compel Defendants to produce privilege log identifying materials withheld from the Administrative Record . . Document filed by Eric Gonzalez, State of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Colangelo, Matthew) (Entered: 01/23/2020)

1 Exhibit 1

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2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

Jan. 23, 2020

Jan. 23, 2020

PACER
65

MEMORANDUM OF LAW in Opposition re: 63 MOTION to Compel Defendants to produce privilege log identifying materials withheld from the Administrative Record . . Document filed by Matthew T. Albence, Kevin K. McAleenan, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Onozawa, Tomoko) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
66

NOTICE OF APPEARANCE by Fiona Jeannette Kaye on behalf of State of New York. (Kaye, Fiona) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
67

REPLY MEMORANDUM OF LAW in Support re: 63 MOTION to Compel Defendants to produce privilege log identifying materials withheld from the Administrative Record . . Document filed by Eric Gonzalez, State of New York. (Kaye, Fiona) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/27/2020. (Kotowski, Linda)

Jan. 27, 2020

Jan. 27, 2020

PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Discovery Hearing held on 1/31/2020. (Kotowski, Linda)

Jan. 31, 2020

Jan. 31, 2020

PACER
68

PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Jed S. Rakoff on 2/3/2020) (jwh) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

RECAP

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/7/2020. (Kotowski, Linda)

Feb. 7, 2020

Feb. 7, 2020

PACER
69

OPINION AND ORDER re: 63 MOTION to Compel Defendants to produce privilege log identifying materials withheld from the Administrative Record: For the foregoing reasons, the Court grants plaintiffs' motion and directs defendants to produce a privilege log identifying deliberative materials withheld from the administrative record by no later than February 28, 2020. (Signed by Judge Jed S. Rakoff on 2/9/2020) (jwh) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

RECAP
70

TRANSCRIPT of Proceedings re: CONFERENCE held on 1/31/2020 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Kristen Carannante, (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 3/2/2020. Redacted Transcript Deadline set for 3/12/2020. Release of Transcript Restriction set for 5/11/2020..(McGuirk, Kelly) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER
71

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/31/2020 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: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER
72

MOTION to Compel Defendants to produce documents . Document filed by Eric Gonzalez, State of New York..(Colangelo, Matthew) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

RECAP
73

LETTER addressed to Judge Lorna G. Schofield from T. Komatsu, dated 2/11/20 re: I am filing this letter to apprise you that all of you are continuing to flagrantly and impermissi violate your legal duties which you share that require all of you to promote civility by everyone who visits the Daniel Patrick Moynihan and Thurgood Marsall federal courthouses while they are inside of them. Document filed by Towaki Komatsu.(sc) (Entered: 02/13/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Sept. 25, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of New York and the Kings County District Attorney.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement (ICE), Federal

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Access to lawyers or judicial system

Pattern or Practice

Immigration/Border:

Constitutional rights

Undocumented immigrants - state and local regulation