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

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

Filed Date: Sept. 6, 2019

Closed Date: Aug. 18, 2021

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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 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.

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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)

Attorney for Plaintiff

Goodlette, Tamara (Texas)

Govindaiah, Manoj (Texas)

Guzman, Javier M (District of Columbia)

Jenkins, Bradley (Maryland)

Attorney for Defendant

Burnham, James M (District of Columbia)

Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorney 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)

Attorney 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)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:19-cv-02676	Docket [PACER]	Aug. 18, 2021	Aug. 18, 2021 Docket
1 1:19-cv-02676	Complaint	Sept. 6, 2019	Sept. 6, 2019 Complaint
34 1:19-cv-02676	Memorandum Opinion and Order L.M.-M. v. Cuccinelli II	March 1, 2020	March 1, 2020 Order/Opinion 442 F.Supp.3d 1
37 1:19-cv-02676	Memorandum Opinion	April 16, 2020	April 16, 2020 Order/Opinion 2020 WL 1905063
38 1:19-cv-02676	Order	April 16, 2020	April 16, 2020 Order/Opinion

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Docket

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

Last updated June 2, 2026, 2:27 a.m.

ECF Number	Description	Date	Link 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	Sept. 6, 2019 RECAP
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	Sept. 6, 2019
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	Sept. 6, 2019
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	Sept. 10, 2019
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	Sept. 11, 2019
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	Sept. 11, 2019
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	Sept. 13, 2019
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	Sept. 19, 2019
9	NOTICE of Appearance by Manoj Govindaiah on behalf of All Plaintiffs (Govindaiah, Manoj) (Entered: 09/20/2019)	Sept. 20, 2019	Sept. 20, 2019
10	NOTICE of Appearance by Julian Michael Kurz on behalf of All Defendants (Kurz, Julian) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019
	Order on Motion for Briefing Schedule	Sept. 26, 2019	Sept. 26, 2019
	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	Sept. 26, 2019
	Set/Reset Deadlines/Hearings	Sept. 26, 2019	Sept. 26, 2019
	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	Sept. 26, 2019
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	Sept. 27, 2019
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 View on PACER 2 Declaration of Shalyn Fluharty View on PACER 3 Declaration of L.M.-M. View on PACER 4 Declaration of M.A.-H. View on PACER 5 Declaration of Andrea Meza View on PACER 6 Declaration of Catherine Monk and Exhibits View on PACER 7 Declaration of Dr. Anita Ravi View on PACER 8 Text of Proposed Order View on RECAP	Sept. 27, 2019	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	Sept. 27, 2019
	Order on Motion for Leave to Appear Pro Hac Vice	Sept. 28, 2019	Sept. 28, 2019
	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	Sept. 28, 2019
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	Oct. 7, 2019
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	Oct. 8, 2019
15	AMICUS BRIEF by MORTON ROSENBERG. (ztd) (Entered: 10/09/2019)	Oct. 8, 2019	Oct. 8, 2019 RECAP
	Order on Motion for Leave to File	Oct. 8, 2019	Oct. 8, 2019
	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	Oct. 8, 2019
16	NOTICE of Appearance by Archith Ramkumar on behalf of All Defendants (Ramkumar, Archith) (Entered: 10/21/2019)	Oct. 21, 2019	Oct. 21, 2019
17	Memorandum in opposition to re 12 MOTION for Preliminary Injunction filed by KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration of Ashley Caudill-Mirillo, # 2 Declaration of Paul Johnson, # 3 Declaration of Michelle Monroe, # 4 Declaration of Julianna Blackwell)(Ramkumar, Archith) (Entered: 10/21/2019) 1 Declaration of Ashley Caudill-Mirillo View on PACER 2 Declaration of Paul Johnson View on PACER 3 Declaration of Michelle Monroe View on PACER 4 Declaration of Julianna Blackwell View on PACER	Oct. 21, 2019	Oct. 21, 2019
18	ADMINISTRATIVE RECORD Notice of Electronic Filing by KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Index-Administrative Record, # 2 Exhibit Certification of Administrative Record, # 3 Exhibit Administrative Record)(Ramkumar, Archith) (Entered: 10/21/2019) 1 Exhibit Index-Administrative Record View on PACER 2 Exhibit Certification of Administrative Record View on PACER 3 Exhibit Administrative Record View on PACER	Oct. 21, 2019	Oct. 21, 2019
	Order on Motion for Leave to Appear Pro Hac Vice	Oct. 22, 2019	Oct. 22, 2019
	MINUTE ORDER: Upon consideration of Amici's Motion for Leave to Appear Pro Hac Vice, Dkt. 14, it is hereby ORDERED that the motion is GRANTED. Joseph Carl Cecere is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 10/21/2019. (lcrdm2, )	Oct. 22, 2019	Oct. 22, 2019
19	REPLY to opposition to motion re 12 MOTION for Preliminary Injunction 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.. (Lewis, John) (Entered: 10/28/2019)	Oct. 28, 2019	Oct. 28, 2019
20	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ramkumar, Archith) (Entered: 11/19/2019)	Nov. 19, 2019	Nov. 19, 2019
	Set/Reset Deadlines	Nov. 20, 2019	Nov. 20, 2019
	Order on Motion for Extension of Time to Answer	Nov. 20, 2019	Nov. 20, 2019
	MINUTE ORDER: Upon consideration of Defendants' Consent Motion for an Extension of Time for Defendants to Answer or Otherwise Respond to the Complaint, Dkt. 20, it is hereby ORDERED that Defendants' Motion is GRANTED. Defendants shall file their answer or otherwise respond to the Complaint within fourteen days of the Court's issuance of its ruling on Plaintiffs' pending preliminary injunction motion. Signed by Judge Randolph D. Moss on 11/20/2019. (lcrdm2, )	Nov. 20, 2019	Nov. 20, 2019
21	NOTICE of Appearance by James Mahoney Burnham on behalf of All Defendants (Burnham, James) (Entered: 12/01/2019)	Dec. 1, 2019	Dec. 1, 2019
	~Util - Set/Reset Deadlines	Dec. 3, 2019	Dec. 3, 2019
	Motion Hearing	Dec. 3, 2019	Dec. 3, 2019
	Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 12/3/2019 re: 12 MOTION for Preliminary Injunction 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., and I.M.-A. Plaintiffs' statement of material facts and any additional factual submission, in support thereof, are due by 12/10/2019; Defendants' response and supplemental brief are due 12/17/2019; Plaintiffs' response to Defendants' supplemental brief is due by 12/24/2019. Briefs shall be no more than 25 pages. (Court Reporter: Sara Wick.) (kt)	Dec. 3, 2019	Dec. 3, 2019
22	NOTICE of Filing Statement of Undisputed Material Facts 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. re 12 MOTION for Preliminary Injunction (Attachments: # 1 Statement of Facts, # 2 Declaration Supplemental Declaration of Shalyn Fluharty, # 3 Declaration Declaration of I.M.-A., # 4 Declaration Supplemental Declaration of L.M.-M., # 5 Declaration Supplemental Declaration of M.A.-H., # 6 Declaration Supplemental Declaration of Andrea Meza, # 7 Text of Proposed Order)(Lewis, John) (Entered: 12/10/2019)	Dec. 10, 2019	Dec. 10, 2019
23	NOTICE of Voluntary Dismissal re S.G.-C. and B.O.-G. (Lewis, John) (Entered: 12/10/2019)	Dec. 10, 2019	Dec. 10, 2019
24	TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on 12/3/19; Page Numbers: 1-122. Court Reporter/Transcriber Sara A. Wick, RPR, CRR, Telephone number 202-354-3284, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/1/2020. Redacted Transcript Deadline set for 1/11/2020. Release of Transcript Restriction set for 3/10/2020.(ztnr) (Entered: 12/11/2019)	Dec. 11, 2019	Dec. 11, 2019
25	SUPPLEMENTAL MEMORANDUM re 12 Motion for Preliminary Injunction by KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration Supplemental Declaration of Ashley Caudill-Mirillo)(Ramkumar, Archith) Modified text and linkage on 12/18/2019 (ztd). (Entered: 12/17/2019) 1 Declaration Supplemental Declaration of Ashley Caudill-Mirillo View on PACER	Dec. 17, 2019	Dec. 17, 2019 RECAP
26	RESPONSE re 22 Notice (Other),, filed by KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Ramkumar, Archith) (Entered: 12/17/2019)	Dec. 17, 2019	Dec. 17, 2019
27	SUPPLEMENTAL MEMORANDUM to re Motion Hearing,,, Set Deadlines,, Defendants' Statement of Undisputed Material Facts filed by KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Ramkumar, Archith) (Entered: 12/17/2019)	Dec. 17, 2019	Dec. 17, 2019 RECAP
28	SUPPLEMENTAL MEMORANDUM to re 12 MOTION for Partial Summary Judgment filed by B.M.-M., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, V.M.-M.. (Attachments: # 1 Opposition to Defendants' Statement of Undisputed Material Facts)(Lewis, John) (Entered: 12/24/2019)	Dec. 24, 2019	Dec. 24, 2019
30	MOTION for Partial Summary Judgment by KENNETH T. CUCCINELLI, II, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (See Minute Order filed on 01/09/2020) (jf) (Entered: 01/24/2020)	Jan. 9, 2020	Jan. 9, 2020
	.Order	Jan. 9, 2020	Jan. 9, 2020
	MINUTE ORDER: As previously advised, and with consent of the parties, it is hereby ORDERED that, pursuant to Federal Rule of Civil Procedure 65(a)(2), the pending motion for preliminary injunction, Dkt. 12, shall be treated as a partial motion for summary judgment. The Clerk of the Court is directed to create the following events on the docket: (i) Plaintiffs' Motion for Partial Summary Judgment, dated September 27, 2019, and (ii) Defendants' Motion for Partial Summary Judgment, dated December 17, 2019. Signed by Judge Randolph D. Moss on 01/09/2020. (lcrdm2, )	Jan. 9, 2020	Jan. 9, 2020
	Order	Jan. 9, 2020	Jan. 9, 2020
31	NOTICE Regarding Relevant Pending D.C. Circuit Cases by KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY (Ramkumar, Archith) (Entered: 01/24/2020)	Jan. 24, 2020	Jan. 24, 2020
	Partial Summary Judgment	Jan. 24, 2020	Jan. 24, 2020
32	RESPONSE re 31 Notice (Other) filed by B.M.-M., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, V.M.-M.. (Lewis, John) (Entered: 01/27/2020)	Jan. 27, 2020	Jan. 27, 2020 RECAP
33	MOTION to Withdraw as Attorney by KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY (Burnham, James) (Entered: 02/04/2020)	Feb. 4, 2020	Feb. 4, 2020 RECAP
	Order on Motion to Withdraw as Attorney	Feb. 7, 2020	Feb. 7, 2020
	MINUTE ORDER: Upon consideration of Attorney Burnham's motion to withdraw appearance 33, it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 02/07/2020. (lcrdm2, )	Feb. 7, 2020	Feb. 7, 2020
34	MEMORANDUM OPINION AND ORDER: granting in part and denying in part Plaintiffs' partial motion for summary judgment, Dkt. 29, and granting in part and denying in part Defendants' partial motion for summary judgment, Dkt. 30. See document for details. Signed by Judge Randolph D. Moss on 03/01/2020. (lcrdm2, ) Modified on 3/2/2020 to change document type to "Opinion" (kt). (Main Document 34 replaced on 10/29/2020 to correct typo (kt). (Entered: 03/01/2020)	March 1, 2020	March 1, 2020 RECAP
	~Util - Set/Reset Deadlines	March 1, 2020	March 1, 2020
	.Order	March 1, 2020	March 1, 2020
	Order	March 1, 2020	March 1, 2020
	MINUTE ORDER: In light of the Court's Memorandum Opinion and Order, Dkt. 34, the parties are hereby ORDERED to file a joint status report on or before March 13, 2020, proposing recommended next steps for this litigation, including whether the Court should enter final judgment pursuant to Rule 54(b). Signed by Judge Randolph D. Moss on 03/01/2020. (lcrdm2, )	March 1, 2020	March 1, 2020
35	Joint STATUS REPORT by B.M.-M., I.M.-A., L.M.-M., M.A.-H., REFUGEE & IMMIGRANT CENTER FOR EDUCATION & LEGAL SERVICES, V.M.-M.. (Lewis, John) (Entered: 03/13/2020)	March 13, 2020	March 13, 2020 RECAP
	~Util - Set/Reset Deadlines	March 18, 2020	March 18, 2020
	.Order	March 18, 2020	March 18, 2020
	MINUTE ORDER: Before the Court is the parties' joint status report setting forth the parties' separate proposals for further proceedings. Dkt. 35. Defendants contend that, in light of the Court's resolution of Plaintiffs' claim that Cuccinelli was not appointed in compliance with the FVRA, "the only logical next step is for the Court to enter final judgment" pursuant to Federal Rule of Civil Procedure 54(b). Id. at 4. The Court is hesitant to enter partial final judgment as to that claim, however, until USCIS clarifies whether it intends to ratify (that is, whether it will seek to give retroactive effect to) the Asylum Directives vacated by the Court. If so, RAICES might still have a live claim and that claim might be intertwined with the merits of the claim as to which Defendants ask the Court to enter partial final judgment. Accordingly, it is hereby ORDERED that the parties shall file a joint status report on or before April 10, 2020, updating the Court regarding the status of the Asylum Directives vacated by the Court and again proposing recommended next steps, including whether the Court should enter final judgment pursuant to Rule 54(b). Signed by Judge Randolph D. Moss on 03/18/2020. (lcrdm2, )	March 18, 2020	March 18, 2020
	Order	March 18, 2020	March 18, 2020
36	Joint STATUS REPORT by KENNETH THOMAS CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Ramkumar, Archith) (Entered: 04/10/2020)	April 10, 2020	April 10, 2020 RECAP
37	MEMORANDUM OPINION: Because there is no just reason for delay, the Court will enter partial final judgment as to the individual Plaintiffs' FVRA claims pursuant to Federal Rule of Civil Procedure 54(b). A separate order will issue. See document for details. Signed by Judge Randolph D. Moss on 04/16/2020. (lcrdm2, ) (Entered: 04/16/2020)	April 16, 2020	April 16, 2020 RECAP
38	ORDER: For the reasons stated in the accompanying Memorandum Opinion, Dkt. 37, and because there is no just reason for delay, it is hereby ORDERED that, pursuant to Federal Rule of Civil Procedure 54(b), final judgment is entered as to the individual Plaintiffs' Federal Vacancies Reform Act of 1998 claim consistent with the Court's Memorandum Opinion and Order, Dkt. 34. See document for details. Signed by Judge Randolph D. Moss on 04/16/2020. (lcrdm2, ) (Entered: 04/16/2020)	April 16, 2020	April 16, 2020 RECAP
	~Util - Set/Reset Deadlines	April 17, 2020	April 17, 2020
	.Order	April 17, 2020	April 17, 2020
	MINUTE ORDER: In light of the Court's Order entering partial final judgment, Dkt. 38, the parties are hereby ORDERED to file a joint status report on or before May 14, 2020, proposing next steps for this litigation, including whether the Court should stay proceedings pending appeal or the ratification of the vacated directives. Signed by Judge Randolph D. Moss on 04/17/2020. (lcrdm2, )	April 17, 2020	April 17, 2020
	Order	April 17, 2020	April 17, 2020
39	Joint STATUS REPORT by KENNETH THOMAS CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Ramkumar, Archith) (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 RECAP
	~Util - Set/Reset Deadlines	May 14, 2020	May 14, 2020
	.Order	May 14, 2020	May 14, 2020
	Order	May 14, 2020	May 14, 2020
	MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 39, it is hereby ORDERED that this case is STAYED. It is further ORDERED that Defendants shall file a status report the earlier of: (1) any decision as to whether it will appeal the Court's decision and Order entering partial final judgment, (2) any decision to ratify or reissue the set-aside directives, or (3) June 22, 2020, informing the Court of any developments in the case. Signed by Judge Randolph D. Moss on 05/14/2020. (lcrdm2, )	May 14, 2020	May 14, 2020
40	WITHDRAWN PURSUANT TO NOTICE FILED ON 8/19/2020.....NOTICE OF APPEAL TO DC CIRCUIT COURT as to 38 Order, 34 Order on Motion for Partial Summary Judgment,,,, Order on Motion for Preliminary Injunction, by KENNETH THOMAS CUCCINELLI, II, U.S. CITIZENSHIP & IMMIGRATION SERVICES, KEVIN K. MCALEENAN, U.S. DEPARTMENT OF HOMELAND SECURITY. Fee Status: No Fee Paid. Parties have been notified. (Ramkumar, Archith); Modified on 8/19/2020 (ztth). (Entered: 05/15/2020)	May 15, 2020	May 15, 2020 RECAP
	Case Stayed	May 15, 2020	May 15, 2020
	Case STAYED. (kt)	May 15, 2020	May 15, 2020
41	Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 40 Notice of Appeal to DC Circuit Court,. (ztd) (Entered: 05/18/2020)	May 18, 2020	May 18, 2020 RECAP
	USCA Case Number	May 19, 2020	May 19, 2020
	USCA Case Number 20-5141 for 40 Notice of Appeal to DC Circuit Court, filed by KEVIN K. MCALEENAN, KENNETH THOMAS CUCCINELLI, II, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (zrdj)	May 19, 2020	May 19, 2020
42	STATUS REPORT by KENNETH THOMAS CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Ramkumar, Archith) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 RECAP
43	NOTICE of withdrawal of appeal by KENNETH THOMAS CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY (Ramkumar, Archith) (Entered: 08/19/2020)	Aug. 19, 2020	Aug. 19, 2020 RECAP
44	Supplemental Record on Appeal transmitted to US Court of Appeals re 40 Notice of Appeal to DC Circuit Court, 43 Notice of withdrawal of appeal; USCA Case Number 20-5141. (ztth) (Entered: 08/19/2020)	Aug. 19, 2020	Aug. 19, 2020
	Order	Aug. 19, 2020	Aug. 19, 2020
	MINUTE ORDER: In light of Defendants' withdrawal of their notice of appeal, Dkt. 43, the parties are hereby ORDERED to meet and confer and to file a joint status report on or before September 2, 2020, proposing next steps, if any, in the litigation. Signed by Judge Randolph D. Moss on 8/19/20. (lcrdm2)	Aug. 19, 2020	Aug. 19, 2020
	~Util - Set/Reset Deadlines AND .Order	Aug. 19, 2020	Aug. 19, 2020
45	ORDER of USCA as to 40 Notice of Appeal to DC Circuit Court, filed by KEVIN K. MCALEENAN, KENNETH THOMAS CUCCINELLI, II, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY ; USCA Case Number 20-5141. (zrdj) (Entered: 08/27/2020)	Aug. 25, 2020	Aug. 25, 2020 RECAP
46	Joint STATUS REPORT 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.. (Lewis, John) (Entered: 09/02/2020)	Sept. 2, 2020	Sept. 2, 2020 RECAP
	MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 46, it is hereby ORDERED that further proceedings in this case are STAYED. It is further ORDERED that Defendants shall promptly file a status report notifying the Court if they purport to ratify or reissue the directives that the Court previously set aside; that Plaintiffs shall be permitted to file a motion, if necessary, related to Defendants' compliance with the Court's decision; and that the parties shall file a further joint status report on or before February 1, 2021. Signed by Judge Randolph D. Moss on 9/3/2020. (lcrdm2)	Sept. 3, 2020	Sept. 3, 2020
	Order	Sept. 3, 2020	Sept. 3, 2020
	~Util - Set/Reset Deadlines AND Order Staying Case AND .Order	Sept. 3, 2020	Sept. 3, 2020
	~Util - Set/Reset Deadlines AND .Order AND Order Staying Case	Sept. 3, 2020	Sept. 3, 2020
	Order Staying Case AND ~Util - Set/Reset Deadlines AND .Order	Sept. 3, 2020	Sept. 3, 2020
47	WITHDRAWN PURSUANT TO DOCKET ENTRY NO. 63 . . . . . MOTION for Attorney Fees by B.M.-M., I.M.-A., L.M.-M., M.A.-H., V.M.-M. (Attachments: # 1 Exhibit - Billing Statements, # 2 Exhibit USAO Attorney's - Fees Matrix - 2015-2020, # 3 Declaration of L.M.-M., # 4 Declaration of M.A.-H., # 5 Declaration of Michelle N. Mendez, # 6 Declaration of Adriana C. Zambrano, # 7 Text of Proposed Order)(Jenkins, Bradley) Modified on 7/21/2021 (ztd). (Entered: 09/24/2020) 1 Exhibit - Billing Statements View on PACER 2 Exhibit USAO Attorney's - Fees Matrix - 2015-2020 View on PACER 3 Declaration of L.M.-M. View on PACER 4 Declaration of M.A.-H. View on PACER 5 Declaration of Michelle N. Mendez View on PACER 6 Declaration of Adriana C. Zambrano View on PACER 7 Text of Proposed Order View on PACER	Sept. 24, 2020	Sept. 24, 2020
48	Consent MOTION for Extension of Time to File Response/Reply as to 47 MOTION for Attorney Fees by KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Ramkumar, Archith) (Entered: 09/30/2020) 1 Proposed Order View on PACER	Sept. 30, 2020	Sept. 30, 2020
	Order on Motion for Extension of Time to File Response/Reply	Sept. 30, 2020	Sept. 30, 2020
	MINUTE ORDER: Upon consideration of Defendants' unopposed motion for extension of time, Dkt. 48, it is hereby ORDERED that the motion is GRANTED. Defendants shall respond to Plaintiffs' motion for attorneys' fees, Dkt. 47, on or before October 29, 2020. Signed by Judge Randolph D. Moss on 9/30/2020. (lcrdm2)	Sept. 30, 2020	Sept. 30, 2020

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

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

Federal

U.S. Citizenship & Immigration Services (USCIS)

U.S. Department of Homeland Security

Defendant Type(s):