Case: L.M.-M. v. Cuccinelli

1:19-cv-02676 | U.S. District Court for the District of Columbia

Filed Date: Sept. 6, 2019

Closed Date: Aug. 18, 2021

Clearinghouse coding complete

Case Summary

On September 6, 2019, a legal services provider and seven individuals detained at the South Texas Family Residential Center in Dilley, Texas, filed this lawsuit in the U.S. District Court for the District of Columbia against U.S. Citizenship & Immigration Services (USCIS) and the Department of Homeland Security (DHS). The individual plaintiffs, along with the Refugee & Immigrant Center for Education & Legal Services (RAICES), challenged new directives that the government issued at two detention…

On September 6, 2019, a legal services provider and seven individuals detained at the South Texas Family Residential Center in Dilley, Texas, filed this lawsuit in the U.S. District Court for the District of Columbia against U.S. Citizenship & Immigration Services (USCIS) and the Department of Homeland Security (DHS). The individual plaintiffs, along with the Refugee & Immigrant Center for Education & Legal Services (RAICES), challenged new directives that the government issued at two detention centers in Texas, which effectively gave asylum seekers just twenty-four hours to prepare for their credible fear interviews (“the Directives”). Represented by Democracy Forward Foundation, RAICES, and Catholic Legal Immigration Network (CLINIC), the plaintiffs alleged that the Directives violated the First Amendment, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), the Administrative Procedure Act (APA), the Rehabilitation Act, the Federal Vacancies Reform Act, and the Appointments Clause. The plaintiffs sought declaratory and injunctive relief, and the case was assigned to Judge Randolph D. Moss.

In their complaint, the plaintiffs argued that the combination of three new USCIS directives resulted in an unlawful infringement on the right to seek asylum in the U.S. Specifically, the Directives reduced the time given to asylum seekers to consult with third parties prior to their credible fear interviews, mandated that requests for extensions be denied absent the most extraordinary circumstances, and eliminated a legal orientation program for asylum seekers at the Dilley facility. The plaintiffs made the following legal claims in their complaint:

(1) that by impeding asylum seekers’ ability to consult with persons of their choosing and preventing them from fully and effectively participating in the credible fear interview process, the Directives violate IIRIRA;

(2) the Directives are arbitrary and capricious and an abuse of discretion under the APA as they were motivated by racial animus and the defendants failed to provide an adequate justification for changing policy;

(3) the Directives violate the APA because they were issued absent notice and comment; (4) the Directives violate the Rehabilitation Act, because they unlawfully discriminate against the individual plaintiffs (who have disabilities under the Act) by failing to provide them with a reasonable accommodation and/or excluding them from the asylum process altogether;

(5) the Directives violate the First Amendment because they unduly impede communication and association between the individual plaintiffs and their counsel, as well as between RAICES and its clients; and

(6) the Directives were issued in violation of the Federal Vacancies Reform Act and the Appointments Clause, because Mr. Cuccinelli’s service as Acting Director of USCIS is not in accordance with the Act, nor was he nominated by the President and confirmed by the Senate.

On September 27, 2019, the plaintiffs filed a motion for a preliminary injunction. The defendants filed the administrative record on October 21, and on January 9 the parties agreed to treat the plaintiffs’ motion as a motion for partial summary judgment. The defendants also filed a motion for partial summary judgment.

On March 1, 2020, the district court granted in part and denied in part the summary judgment motions of both the plaintiffs and defendants. L.M.-M. v. Cuccinelli, 442 F. Supp. 3d 1, 7 (D.D.C. 2020). First, Judge Moss concluded that the court had jurisdiction only over the plaintiffs’ challenges to the directives reducing consultation time and prohibiting extensions. Next, he found that Mr. Cuccinelli was not lawfully appointed to serve as Acting Director of USCIS, thereby requiring that those two directives be set aside. He also set aside the individual plaintiffs’ negative credible-fear determinations and removal orders and remanded to USCIS for further proceedings. Judge Moss did not reach the plaintiffs’ other legal challenges.

Following the court's March 1 order, the parties disagreed over whether partial final judgment was proper. On April 16, 2020, the court granted partial judgment as to plaintiffs' individual Federal Vacancies Reform Act claims against their wishes. 2020 WL 1905063. Judge Moss considered plaintiffs' concern that USCIS might ratify or to reissue the directives dismissed by the court, but disagreed that this hypothetical possibility justified delaying partial final judgment. Instead, the court concluded that such action on USCIS's behalf would be cause for a new claim.

Defendants appealed Judge Moss's March 1 order to the DC Circuit Court of Appeal. But they voluntarily withdrew their appeal on August 19, 2020. 2020 WL 5358686.

On August 18, 2021, the court dismissed plaintiffs' remaining claims upon the parties' suggestion in their joint status report. They agreed that the remaining claims were moot in light of the Court’s April 16, 2020 Order, and dismissal without prejudice was proper for lack of subject-matter jurisdiction.

Summary Authors

Sam Kulhanek (3/8/2020)

Jordan Katz (10/30/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16176760/parties/lm-m-v-cuccinelli/


Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorneys(s) for Plaintiff

Goodlette, Tamara (Texas)

Govindaiah, Manoj (Texas)

Guzman, Javier M (District of Columbia)

Jenkins, Bradley (Maryland)

Lewis, John T. (District of Columbia)

Seel, Benjamin (District of Columbia)

Shah, Nitin (District of Columbia)

Waldon, Samuel J. (District of Columbia)

Attorneys(s) for Defendant

Burnham, James M (District of Columbia)

Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorneys(s) for Plaintiff

Goodlette, Tamara (Texas)

Govindaiah, Manoj (Texas)

Guzman, Javier M (District of Columbia)

Jenkins, Bradley (Maryland)

Lewis, John T. (District of Columbia)

Seel, Benjamin (District of Columbia)

Shah, Nitin (District of Columbia)

Waldon, Samuel J. (District of Columbia)

Attorneys(s) for Defendant

Burnham, James M (District of Columbia)

Kurz, Julian (District of Columbia)

Lipper, Gregory M. (District of Columbia)

Ramkumar, Archith (District of Columbia)

Rosen-Shaud, Brian C (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 18, 2021 Docket
1

Complaint

Sept. 6, 2019 Complaint
34

Memorandum Opinion and Order

L.M.-M. v. Cuccinelli II

442 F.Supp.3d 1, 2020 WL 985376

March 1, 2020 Order/Opinion
37

Memorandum Opinion

2020 WL 1905063

April 16, 2020 Order/Opinion
38

Order

April 16, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16176760/lm-m-v-cuccinelli/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400, receipt number 4616100516) filed by S.G.-C., B.M.-M., M.A.-H., I.M.-A., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, L.M.-M., B.O.-G., V.M.-M.. (Attachments: # 1 Civil Cover Sheet, # 2 Certificate of Service)(ztd) (Entered: 09/10/2019)

1 Civil Cover Sheet

View on PACER

2 Certificate of Service

View on PACER

Sept. 6, 2019 Clearinghouse
1

COMPLAINT against KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400, receipt number 4616100516) filed by S.G.-C., B.M.-M., M.A.-H., I.M.-A., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, L.M.-M., B.O.-G., V.M.-M.. (Attachments: # 1 Civil Cover Sheet, # 2 Certificate of Service)(ztd) (Entered: 09/10/2019)

1 Civil Cover Sheet

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2 Certificate of Service

View on PACER

Sept. 6, 2019 Clearinghouse
1

COMPLAINT against KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400, receipt number 4616100516) filed by S.G.-C., B.M.-M., M.A.-H., I.M.-A., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, L.M.-M., B.O.-G., V.M.-M.. (Attachments: # 1 Civil Cover Sheet, # 2 Certificate of Service)(ztd) (Entered: 09/10/2019)

1 Civil Cover Sheet

View on PACER

2 Certificate of Service

View on PACER

Sept. 6, 2019 Clearinghouse
1

COMPLAINT against KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400, receipt number 4616100516) filed by S.G.-C., B.M.-M., M.A.-H., I.M.-A., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, L.M.-M., B.O.-G., V.M.-M.. (Attachments: # 1 Civil Cover Sheet, # 2 Certificate of Service)(ztd) (Entered: 09/10/2019)

1 Civil Cover Sheet

View on PACER

2 Certificate of Service

View on PACER

Sept. 6, 2019 Clearinghouse
2

SEALED MOTION filed by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M.. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order, # 3 Exhibit)(ztd) (Entered: 09/10/2019)

Sept. 6, 2019 PACER
2

SEALED MOTION filed by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M.. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order, # 3 Exhibit)(ztd) (Entered: 09/10/2019)

Sept. 6, 2019 PACER
2

SEALED MOTION filed by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M.. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order, # 3 Exhibit)(ztd) (Entered: 09/10/2019)

Sept. 6, 2019 PACER
2

SEALED MOTION filed by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M.. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order, # 3 Exhibit)(ztd) (Entered: 09/10/2019)

Sept. 6, 2019 PACER
3

SEALED ORDER re 2 SEALED MOTION filed by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M.. (This document is SEALED and only available to authorized persons.) filed by M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, B.O.-G., S.G.-C., L.M.-M., B.M.-M., V.M.-M., I.M.-A..(This document is SEALED and only available to authorized persons.)Signed by Chief Judge Beryl A. Howell on 9/6/19.(ztd) (Entered: 09/10/2019)

Sept. 6, 2019 PACER
3

SEALED ORDER re 2 SEALED MOTION filed by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M.. (This document is SEALED and only available to authorized persons.) filed by M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, B.O.-G., S.G.-C., L.M.-M., B.M.-M., V.M.-M., I.M.-A..(This document is SEALED and only available to authorized persons.)Signed by Chief Judge Beryl A. Howell on 9/6/19.(ztd) (Entered: 09/10/2019)

Sept. 6, 2019 PACER
3

SEALED ORDER re 2 SEALED MOTION filed by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M.. (This document is SEALED and only available to authorized persons.) filed by M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, B.O.-G., S.G.-C., L.M.-M., B.M.-M., V.M.-M., I.M.-A..(This document is SEALED and only available to authorized persons.)Signed by Chief Judge Beryl A. Howell on 9/6/19.(ztd) (Entered: 09/10/2019)

Sept. 6, 2019 PACER
3

SEALED ORDER re 2 SEALED MOTION filed by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M.. (This document is SEALED and only available to authorized persons.) filed by M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, B.O.-G., S.G.-C., L.M.-M., B.M.-M., V.M.-M., I.M.-A..(This document is SEALED and only available to authorized persons.)Signed by Chief Judge Beryl A. Howell on 9/6/19.(ztd) (Entered: 09/10/2019)

Sept. 6, 2019 PACER
4

SUMMONS (6) Issued Electronically as to KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(ztd) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
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SUMMONS (6) Issued Electronically as to KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(ztd) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
4

SUMMONS (6) Issued Electronically as to KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(ztd) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
4

SUMMONS (6) Issued Electronically as to KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(ztd) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
5

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 09/11/2019. (lcrdm2, ) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
5

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 09/11/2019. (lcrdm2, ) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
5

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 09/11/2019. (lcrdm2, ) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
5

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 09/11/2019. (lcrdm2, ) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
6

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES (Lewis, John) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
6

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES (Lewis, John) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
6

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES (Lewis, John) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
6

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES (Lewis, John) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH T. CUCCINELLI, II served on 9/12/2019; KEVIN K. MCALEENAN served on 9/12/2019; U.S. CITIZENSHIP & IMMIGRATION SERVICES served on 9/12/2019; U.S. DEPARTMENT OF HOMELAND SECURITY served on 9/12/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/13/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/13/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 11/12/2019.) (Attachments: # 1 Declaration)(Lewis, John) (Entered: 09/13/2019)

Sept. 13, 2019 PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH T. CUCCINELLI, II served on 9/12/2019; KEVIN K. MCALEENAN served on 9/12/2019; U.S. CITIZENSHIP & IMMIGRATION SERVICES served on 9/12/2019; U.S. DEPARTMENT OF HOMELAND SECURITY served on 9/12/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/13/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/13/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 11/12/2019.) (Attachments: # 1 Declaration)(Lewis, John) (Entered: 09/13/2019)

Sept. 13, 2019 PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH T. CUCCINELLI, II served on 9/12/2019; KEVIN K. MCALEENAN served on 9/12/2019; U.S. CITIZENSHIP & IMMIGRATION SERVICES served on 9/12/2019; U.S. DEPARTMENT OF HOMELAND SECURITY served on 9/12/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/13/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/13/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 11/12/2019.) (Attachments: # 1 Declaration)(Lewis, John) (Entered: 09/13/2019)

Sept. 13, 2019 PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH T. CUCCINELLI, II served on 9/12/2019; KEVIN K. MCALEENAN served on 9/12/2019; U.S. CITIZENSHIP & IMMIGRATION SERVICES served on 9/12/2019; U.S. DEPARTMENT OF HOMELAND SECURITY served on 9/12/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/13/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/13/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 11/12/2019.) (Attachments: # 1 Declaration)(Lewis, John) (Entered: 09/13/2019)

Sept. 13, 2019 PACER
8

Joint MOTION for Briefing Schedule and Stipulation by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., S.G.-C., V.M.-M. (Attachments: # 1 Text of Proposed Order)(Lewis, John) (Entered: 09/19/2019)

Sept. 19, 2019 PACER
8

Joint MOTION for Briefing Schedule and Stipulation by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., S.G.-C., V.M.-M. (Attachments: # 1 Text of Proposed Order)(Lewis, John) (Entered: 09/19/2019)

Sept. 19, 2019 PACER
8

Joint MOTION for Briefing Schedule and Stipulation by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., S.G.-C., V.M.-M. (Attachments: # 1 Text of Proposed Order)(Lewis, John) (Entered: 09/19/2019)

Sept. 19, 2019 PACER
8

Joint MOTION for Briefing Schedule and Stipulation by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., S.G.-C., V.M.-M. (Attachments: # 1 Text of Proposed Order)(Lewis, John) (Entered: 09/19/2019)

Sept. 19, 2019 PACER
9

NOTICE of Appearance by Manoj Govindaiah on behalf of All Plaintiffs (Govindaiah, Manoj) (Entered: 09/20/2019)

Sept. 20, 2019 PACER
9

NOTICE of Appearance by Manoj Govindaiah on behalf of All Plaintiffs (Govindaiah, Manoj) (Entered: 09/20/2019)

Sept. 20, 2019 PACER
9

NOTICE of Appearance by Manoj Govindaiah on behalf of All Plaintiffs (Govindaiah, Manoj) (Entered: 09/20/2019)

Sept. 20, 2019 PACER
9

NOTICE of Appearance by Manoj Govindaiah on behalf of All Plaintiffs (Govindaiah, Manoj) (Entered: 09/20/2019)

Sept. 20, 2019 PACER
10

NOTICE of Appearance by Julian Michael Kurz on behalf of All Defendants (Kurz, Julian) (Entered: 09/25/2019)

Sept. 25, 2019 PACER
10

NOTICE of Appearance by Julian Michael Kurz on behalf of All Defendants (Kurz, Julian) (Entered: 09/25/2019)

Sept. 25, 2019 PACER
10

NOTICE of Appearance by Julian Michael Kurz on behalf of All Defendants (Kurz, Julian) (Entered: 09/25/2019)

Sept. 25, 2019 PACER
10

NOTICE of Appearance by Julian Michael Kurz on behalf of All Defendants (Kurz, Julian) (Entered: 09/25/2019)

Sept. 25, 2019 PACER

Order on Motion for Briefing Schedule

Sept. 26, 2019 PACER

Order on Motion for Briefing Schedule

Sept. 26, 2019 PACER

Order on Motion for Briefing Schedule

Sept. 26, 2019 PACER

Order on Motion for Briefing Schedule

Sept. 26, 2019 PACER

MINUTE ORDER: Upon consideration of the parties' joint proposed briefing schedule, Dkt. 8, it is hereby ORDERED that the motion is GRANTED. The following schedule shall govern future proceedings in this matter: Plaintiffs shall file their motion for preliminary injunction on or before September 27, 2019; Defendants shall file their opposition on or before October 21, 2019; and Plaintiffs shall file their reply on or before October 28, 2019. It is further ORDERED that the parties shall appear for oral argument on Plaintiffs' motion for preliminary injunction on December 3, 2019, at 10:00a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 09/26/2019. (lcrdm2, )

Sept. 26, 2019 PACER

MINUTE ORDER: Upon consideration of the parties' joint proposed briefing schedule, Dkt. 8, it is hereby ORDERED that the motion is GRANTED. The following schedule shall govern future proceedings in this matter: Plaintiffs shall file their motion for preliminary injunction on or before September 27, 2019; Defendants shall file their opposition on or before October 21, 2019; and Plaintiffs shall file their reply on or before October 28, 2019. It is further ORDERED that the parties shall appear for oral argument on Plaintiffs' motion for preliminary injunction on December 3, 2019, at 10:00a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 09/26/2019. (lcrdm2, )

Sept. 26, 2019 PACER

MINUTE ORDER: Upon consideration of the parties' joint proposed briefing schedule, Dkt. 8, it is hereby ORDERED that the motion is GRANTED. The following schedule shall govern future proceedings in this matter: Plaintiffs shall file their motion for preliminary injunction on or before September 27, 2019; Defendants shall file their opposition on or before October 21, 2019; and Plaintiffs shall file their reply on or before October 28, 2019. It is further ORDERED that the parties shall appear for oral argument on Plaintiffs' motion for preliminary injunction on December 3, 2019, at 10:00a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 09/26/2019. (lcrdm2, )

Sept. 26, 2019 PACER

MINUTE ORDER: Upon consideration of the parties' joint proposed briefing schedule, Dkt. 8, it is hereby ORDERED that the motion is GRANTED. The following schedule shall govern future proceedings in this matter: Plaintiffs shall file their motion for preliminary injunction on or before September 27, 2019; Defendants shall file their opposition on or before October 21, 2019; and Plaintiffs shall file their reply on or before October 28, 2019. It is further ORDERED that the parties shall appear for oral argument on Plaintiffs' motion for preliminary injunction on December 3, 2019, at 10:00a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 09/26/2019. (lcrdm2, )

Sept. 26, 2019 PACER

Set/Reset Deadlines/Hearings

Sept. 26, 2019 PACER

Set/Reset Deadlines/Hearings

Sept. 26, 2019 PACER

Set/Reset Deadlines/Hearings

Sept. 26, 2019 PACER

Set/Reset Deadlines/Hearings

Sept. 26, 2019 PACER

Set/Reset Deadlines/Hearings: Plaintiffs shall file their motion for preliminary injunction on or before 9/27/2019; Plaintiffs shall file their motion for preliminary injunction on or before 10/21/2019; Plaintiffs shall file their reply on or before 10/28/2019. Motion Hearing set for 12/3/2019, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

Sept. 26, 2019 PACER

Set/Reset Deadlines/Hearings: Plaintiffs shall file their motion for preliminary injunction on or before 9/27/2019; Plaintiffs shall file their motion for preliminary injunction on or before 10/21/2019; Plaintiffs shall file their reply on or before 10/28/2019. Motion Hearing set for 12/3/2019, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

Sept. 26, 2019 PACER

Set/Reset Deadlines/Hearings: Plaintiffs shall file their motion for preliminary injunction on or before 9/27/2019; Plaintiffs shall file their motion for preliminary injunction on or before 10/21/2019; Plaintiffs shall file their reply on or before 10/28/2019. Motion Hearing set for 12/3/2019, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

Sept. 26, 2019 PACER

Set/Reset Deadlines/Hearings: Plaintiffs shall file their motion for preliminary injunction on or before 9/27/2019; Plaintiffs shall file their motion for preliminary injunction on or before 10/21/2019; Plaintiffs shall file their reply on or before 10/28/2019. Motion Hearing set for 12/3/2019, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

Sept. 26, 2019 PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bradley Jenkins, :Firm- Catholic Legal Immigration Network, Inc., :Address- 8757 Georgia Ave., Suite 850, Silver Spring, MD 20910. Phone No. - (301) 565-4820. Filing fee $ 100, receipt number 0090-6404536. Fee Status: Fee Paid. by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Lewis, John) (Entered: 09/27/2019)

Sept. 27, 2019 PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bradley Jenkins, :Firm- Catholic Legal Immigration Network, Inc., :Address- 8757 Georgia Ave., Suite 850, Silver Spring, MD 20910. Phone No. - (301) 565-4820. Filing fee $ 100, receipt number 0090-6404536. Fee Status: Fee Paid. by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Lewis, John) (Entered: 09/27/2019)

Sept. 27, 2019 PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bradley Jenkins, :Firm- Catholic Legal Immigration Network, Inc., :Address- 8757 Georgia Ave., Suite 850, Silver Spring, MD 20910. Phone No. - (301) 565-4820. Filing fee $ 100, receipt number 0090-6404536. Fee Status: Fee Paid. by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Lewis, John) (Entered: 09/27/2019)

Sept. 27, 2019 PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bradley Jenkins, :Firm- Catholic Legal Immigration Network, Inc., :Address- 8757 Georgia Ave., Suite 850, Silver Spring, MD 20910. Phone No. - (301) 565-4820. Filing fee $ 100, receipt number 0090-6404536. Fee Status: Fee Paid. by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Lewis, John) (Entered: 09/27/2019)

Sept. 27, 2019 PACER
12

MOTION for Preliminary Injunction by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M. (Attachments: # 1 Declaration of Bridget Cambria, # 2 Declaration of Shalyn Fluharty, # 3 Declaration of L.M.-M., # 4 Declaration of M.A.-H., # 5 Declaration of Andrea Meza, # 6 Declaration of Catherine Monk and Exhibits, # 7 Declaration of Dr. Anita Ravi, # 8 Text of Proposed Order)(Lewis, John) Modified on 1/8/2020 to correct docket event/text (jf). (Entered: 09/27/2019)

1 Declaration of Bridget Cambria

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2 Declaration of Shalyn Fluharty

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3 Declaration of L.M.-M.

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4 Declaration of M.A.-H.

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5 Declaration of Andrea Meza

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6 Declaration of Catherine Monk and Exhibits

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7 Declaration of Dr. Anita Ravi

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8 Text of Proposed Order

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Sept. 27, 2019 RECAP
12

MOTION for Preliminary Injunction by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M. (Attachments: # 1 Declaration of Bridget Cambria, # 2 Declaration of Shalyn Fluharty, # 3 Declaration of L.M.-M., # 4 Declaration of M.A.-H., # 5 Declaration of Andrea Meza, # 6 Declaration of Catherine Monk and Exhibits, # 7 Declaration of Dr. Anita Ravi, # 8 Text of Proposed Order)(Lewis, John) Modified on 1/8/2020 to correct docket event/text (jf). (Entered: 09/27/2019)

1 Declaration of Bridget Cambria

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2 Declaration of Shalyn Fluharty

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3 Declaration of L.M.-M.

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4 Declaration of M.A.-H.

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5 Declaration of Andrea Meza

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6 Declaration of Catherine Monk and Exhibits

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7 Declaration of Dr. Anita Ravi

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8 Text of Proposed Order

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Sept. 27, 2019 RECAP
12

MOTION for Preliminary Injunction by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M. (Attachments: # 1 Declaration of Bridget Cambria, # 2 Declaration of Shalyn Fluharty, # 3 Declaration of L.M.-M., # 4 Declaration of M.A.-H., # 5 Declaration of Andrea Meza, # 6 Declaration of Catherine Monk and Exhibits, # 7 Declaration of Dr. Anita Ravi, # 8 Text of Proposed Order)(Lewis, John) Modified on 1/8/2020 to correct docket event/text (jf). (Entered: 09/27/2019)

1 Declaration of Bridget Cambria

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2 Declaration of Shalyn Fluharty

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3 Declaration of L.M.-M.

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4 Declaration of M.A.-H.

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5 Declaration of Andrea Meza

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6 Declaration of Catherine Monk and Exhibits

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7 Declaration of Dr. Anita Ravi

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8 Text of Proposed Order

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Sept. 27, 2019 RECAP
12

MOTION for Preliminary Injunction by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, S.G.-C., V.M.-M. (Attachments: # 1 Declaration of Bridget Cambria, # 2 Declaration of Shalyn Fluharty, # 3 Declaration of L.M.-M., # 4 Declaration of M.A.-H., # 5 Declaration of Andrea Meza, # 6 Declaration of Catherine Monk and Exhibits, # 7 Declaration of Dr. Anita Ravi, # 8 Text of Proposed Order)(Lewis, John) Modified on 1/8/2020 to correct docket event/text (jf). (Entered: 09/27/2019)

1 Declaration of Bridget Cambria

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2 Declaration of Shalyn Fluharty

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3 Declaration of L.M.-M.

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4 Declaration of M.A.-H.

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5 Declaration of Andrea Meza

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6 Declaration of Catherine Monk and Exhibits

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7 Declaration of Dr. Anita Ravi

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8 Text of Proposed Order

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Sept. 27, 2019 RECAP
29

MOTION for Partial Summary Judgment by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., S.G.-C., V.M.-M. (See Minute Order filed on 01/09/2020) (jf) (Entered: 01/24/2020)

Sept. 27, 2019 PACER
29

MOTION for Partial Summary Judgment by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., S.G.-C., V.M.-M. (See Minute Order filed on 01/09/2020) (jf) (Entered: 01/24/2020)

Sept. 27, 2019 PACER
29

MOTION for Partial Summary Judgment by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., S.G.-C., V.M.-M. (See Minute Order filed on 01/09/2020) (jf) (Entered: 01/24/2020)

Sept. 27, 2019 PACER
29

MOTION for Partial Summary Judgment by B.M.-M., B.O.-G., I.M.-A., L.M.-M., M.A.-H., S.G.-C., V.M.-M. (See Minute Order filed on 01/09/2020) (jf) (Entered: 01/24/2020)

Sept. 27, 2019 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Sept. 28, 2019 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Sept. 28, 2019 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Sept. 28, 2019 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Sept. 28, 2019 PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Leave to Appear Pro Hac Vice, Dkt. 11, it is hereby ORDERED that the motion is GRANTED. Bradley Jenkins is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 09/28/2019. (lcrdm2, )

Sept. 28, 2019 PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Leave to Appear Pro Hac Vice, Dkt. 11, it is hereby ORDERED that the motion is GRANTED. Bradley Jenkins is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 09/28/2019. (lcrdm2, )

Sept. 28, 2019 PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Leave to Appear Pro Hac Vice, Dkt. 11, it is hereby ORDERED that the motion is GRANTED. Bradley Jenkins is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 09/28/2019. (lcrdm2, )

Sept. 28, 2019 PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Leave to Appear Pro Hac Vice, Dkt. 11, it is hereby ORDERED that the motion is GRANTED. Bradley Jenkins is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 09/28/2019. (lcrdm2, )

Sept. 28, 2019 PACER
13

Consent MOTION for Leave to File Amicus Brief by MORTON ROSENBERG (Attachments: # 1 Exhibit Amicus Brief) (jf) (Entered: 10/08/2019)

Oct. 7, 2019 PACER
13

Consent MOTION for Leave to File Amicus Brief by MORTON ROSENBERG (Attachments: # 1 Exhibit Amicus Brief) (jf) (Entered: 10/08/2019)

Oct. 7, 2019 PACER
13

Consent MOTION for Leave to File Amicus Brief by MORTON ROSENBERG (Attachments: # 1 Exhibit Amicus Brief) (jf) (Entered: 10/08/2019)

Oct. 7, 2019 PACER
13

Consent MOTION for Leave to File Amicus Brief by MORTON ROSENBERG (Attachments: # 1 Exhibit Amicus Brief) (jf) (Entered: 10/08/2019)

Oct. 7, 2019 PACER
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- J. Carl Cecere, :Firm- Cecere PC, :Address- 6035 McCommas Blvd.. Phone No. - 469-600-9455. Fax No. - NA Filing fee $ 100, receipt number ADCDC-6430083. Fee Status: Fee Paid. by MORTON ROSENBERG (Attachments: # 1 Affidavit Declaration of J. Carl Cecere, # 2 Text of Proposed Order Proposed Order)(Lipper, Gregory) (Entered: 10/08/2019)

Oct. 8, 2019 PACER
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- J. Carl Cecere, :Firm- Cecere PC, :Address- 6035 McCommas Blvd.. Phone No. - 469-600-9455. Fax No. - NA Filing fee $ 100, receipt number ADCDC-6430083. Fee Status: Fee Paid. by MORTON ROSENBERG (Attachments: # 1 Affidavit Declaration of J. Carl Cecere, # 2 Text of Proposed Order Proposed Order)(Lipper, Gregory) (Entered: 10/08/2019)

Oct. 8, 2019 PACER
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- J. Carl Cecere, :Firm- Cecere PC, :Address- 6035 McCommas Blvd.. Phone No. - 469-600-9455. Fax No. - NA Filing fee $ 100, receipt number ADCDC-6430083. Fee Status: Fee Paid. by MORTON ROSENBERG (Attachments: # 1 Affidavit Declaration of J. Carl Cecere, # 2 Text of Proposed Order Proposed Order)(Lipper, Gregory) (Entered: 10/08/2019)

Oct. 8, 2019 PACER
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- J. Carl Cecere, :Firm- Cecere PC, :Address- 6035 McCommas Blvd.. Phone No. - 469-600-9455. Fax No. - NA Filing fee $ 100, receipt number ADCDC-6430083. Fee Status: Fee Paid. by MORTON ROSENBERG (Attachments: # 1 Affidavit Declaration of J. Carl Cecere, # 2 Text of Proposed Order Proposed Order)(Lipper, Gregory) (Entered: 10/08/2019)

Oct. 8, 2019 PACER

Order on Motion for Leave to File

Oct. 8, 2019 PACER

Order on Motion for Leave to File

Oct. 8, 2019 PACER

Order on Motion for Leave to File

Oct. 8, 2019 PACER

Order on Motion for Leave to File

Oct. 8, 2019 PACER

MINUTE ORDER: Upon consideration of Morton Rosenberg's unopposed motion for leave to file an amicus curiae brief, Dkt. 13, it is hereby ORDERED that the motion is GRANTED. The brief that Mr. Rosenberg attached to his motion, Dkt. 13-1, is hereby deemed FILED. Signed by Judge Randolph D. Moss on 10/08/2019. (lcrdm2, )

Oct. 8, 2019 PACER

MINUTE ORDER: Upon consideration of Morton Rosenberg's unopposed motion for leave to file an amicus curiae brief, Dkt. 13, it is hereby ORDERED that the motion is GRANTED. The brief that Mr. Rosenberg attached to his motion, Dkt. 13-1, is hereby deemed FILED. Signed by Judge Randolph D. Moss on 10/08/2019. (lcrdm2, )

Oct. 8, 2019 PACER

MINUTE ORDER: Upon consideration of Morton Rosenberg's unopposed motion for leave to file an amicus curiae brief, Dkt. 13, it is hereby ORDERED that the motion is GRANTED. The brief that Mr. Rosenberg attached to his motion, Dkt. 13-1, is hereby deemed FILED. Signed by Judge Randolph D. Moss on 10/08/2019. (lcrdm2, )

Oct. 8, 2019 PACER

MINUTE ORDER: Upon consideration of Morton Rosenberg's unopposed motion for leave to file an amicus curiae brief, Dkt. 13, it is hereby ORDERED that the motion is GRANTED. The brief that Mr. Rosenberg attached to his motion, Dkt. 13-1, is hereby deemed FILED. Signed by Judge Randolph D. Moss on 10/08/2019. (lcrdm2, )

Oct. 8, 2019 PACER
15

AMICUS BRIEF by MORTON ROSENBERG. (ztd) (Entered: 10/09/2019)

Oct. 8, 2019 RECAP
15

AMICUS BRIEF by MORTON ROSENBERG. (ztd) (Entered: 10/09/2019)

Oct. 8, 2019 RECAP
15

AMICUS BRIEF by MORTON ROSENBERG. (ztd) (Entered: 10/09/2019)

Oct. 8, 2019 RECAP
15

AMICUS BRIEF by MORTON ROSENBERG. (ztd) (Entered: 10/09/2019)

Oct. 8, 2019 RECAP
16

NOTICE of Appearance by Archith Ramkumar on behalf of All Defendants (Ramkumar, Archith) (Entered: 10/21/2019)

Oct. 21, 2019 PACER
16

NOTICE of Appearance by Archith Ramkumar on behalf of All Defendants (Ramkumar, Archith) (Entered: 10/21/2019)

Oct. 21, 2019 PACER
16

NOTICE of Appearance by Archith Ramkumar on behalf of All Defendants (Ramkumar, Archith) (Entered: 10/21/2019)

Oct. 21, 2019 PACER
16

NOTICE of Appearance by Archith Ramkumar on behalf of All Defendants (Ramkumar, Archith) (Entered: 10/21/2019)

Oct. 21, 2019 PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Sept. 6, 2019

Closing Date: Aug. 18, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Refugee & Immigrant Center for Education & Legal Services (RAICES) and seven individuals detained at the South Texas Family Residential Center in Dilley, Texas.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Citizenship & Immigration Services (USCIS), Federal

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Immigration/Border:

Asylum - procedure

Constitutional rights

Detention - procedures

Immigration lawyers