Case: Doe v. U.S. Immigration and Customs Enforcement

1:19-cv-08892 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 25, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is an access to courts case to stop U.S. Immigration and Customs Enforcement (ICE) from making arrests at courthouses without warrants. More information about a similar challenge to ICE’s courthouse arrest policy is available here. A dual Venezuelan-Spanish citizen who had lived in New York City for four years without lawful immigration status together with immigrant advocacy organizations including Make the Road New York, the Urban Justice Center, the Sanctuary for Families, The Door, and…

This is an access to courts case to stop U.S. Immigration and Customs Enforcement (ICE) from making arrests at courthouses without warrants. More information about a similar challenge to ICE’s courthouse arrest policy is available here.

A dual Venezuelan-Spanish citizen who had lived in New York City for four years without lawful immigration status together with immigrant advocacy organizations including Make the Road New York, the Urban Justice Center, the Sanctuary for Families, The Door, and New York Immigration Coalition filed this lawsuit in the U.S. District Court for the Southern District of New York on September 25, 2019. Represented by private counsel, the plaintiffs sued ICE, the U.S. Department of Homeland Security, and several executive branch officials under the Administrative Procedure Act (5 U.S.C. § 551 et seq.) and state law. The plaintiffs alleged that ICE’s policy of surveilling and arresting individuals without judicial warrants at courthouses was arbitrary and capricious and violated the First, Fifth, and Sixth Amendments to the U.S. Constitution as well as state common law. They sought declaratory relief, a permanent injunction against the policy, and an order setting aside the policy.

Specifically, the individual plaintiff alleged that he needed a protective order against a former abusive partner but had not filed in family court because he feared arrest by ICE when appearing in court. The organizational plaintiffs claimed they had to expend time and resources training staff on how to manage ICE's courthouse arrests that could have been spent addressing substantive legal issues.

The defendants moved to dismiss the case, and Judge Alison J. Nathan heard oral arguments on the motion to dismiss on February 12, 2020. On September 28, 2020, Judge Nathan denied the defendants' motion to dismiss except as to the plaintiff's Sixth Amendment claim. 490 F.Supp.3d 672. Notably, Judge Nathan held that both the individual and organizational plaintiffs had standing and that the agency decision was ripe for action. Judge Nathan also held that a common law privilege against civil courthouse arrests exists at New York common law and that the Immigration and Nationality Act (INA) did not preempt this common law privilege. Judge Nathan dismissed the Sixth Amendment claim because the right of access to the courts that the plaintiffs were asserting is not grounded in the Sixth Amendment; it is grounded in the First and Fifth Amendments.

The case is ongoing.

Summary Authors

Caitlin Kierum (3/21/2020)

Casey D'Alesandro (4/11/2021)

Related Cases

New York 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/16246261/parties/doe-v-us-immigration-and-customs-enforcement/


Judge(s)

Cott, James (New York)

Nathan, Alison Julie (New York)

Attorneys(s) for Plaintiff

Blackman, Jonathan I (New York)

Cameron, Susan Joan (New York)

Goldiner, Judith (New York)

Hill, Jack Lee (New York)

Holder, Adriene L. (New York)

Joshi, Vishakha (New York)

Riff, Adam Joseph (New York)

Sabel, Janet E. (New York)

Judge(s)

Cott, James (New York)

Nathan, Alison Julie (New York)

Attorneys(s) for Plaintiff

Blackman, Jonathan I (New York)

Cameron, Susan Joan (New York)

Goldiner, Judith (New York)

Hill, Jack Lee (New York)

Holder, Adriene L. (New York)

Joshi, Vishakha (New York)

Riff, Adam Joseph (New York)

Sabel, Janet E. (New York)

Shafiqullah, Hasan (New York)

Stern, Rikki S. (New York)

Thompson, Jessica (New York)

Toson, Lilia (New York)

Welber, Susan (New York)

Attorneys(s) for Defendant

Friedman, Rebecca Ruth (New York)

Onozawa, Tomoko (New York)

Other Attorney(s)

Lawson, Theresa Dawn (New York)

Sutherland, Brian A. (California)

Documents in the Clearinghouse

Document

Docket

March 4, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

Sept. 25, 2019 Complaint
121

Opinion & Order

490 F.Supp.3d 672, 2020 WL 5769478

Sept. 28, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16246261/doe-v-us-immigration-and-customs-enforcement/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against Matthew T. Albence, Kevin McAleenan, Susan Quintana, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Filing Fee $ 400.00, Receipt Number 465401244843)Document filed by Urban Justice Center, The Door, New York Immigration Coalition, Sanctuary For Families, John Doe, Make the Road New York.(pc) (pc). (Entered: 09/25/2019)

Sept. 25, 2019
1

COMPLAINT against Matthew T. Albence, Kevin McAleenan, Susan Quintana, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Filing Fee $ 400.00, Receipt Number 465401244843)Document filed by Urban Justice Center, The Door, New York Immigration Coalition, Sanctuary For Families, John Doe, Make the Road New York.(pc) (pc). (Entered: 09/25/2019)

Sept. 25, 2019 RECAP
2

CIVIL COVER SHEET filed. (pc) (pc). (Entered: 09/25/2019)

Sept. 25, 2019

Sealed Document

Sept. 25, 2019 PACER

Magistrate Judge James L. Cott 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. (pc) (Entered: 09/25/2019)

Sept. 25, 2019

Civil Cover Sheet

Sept. 25, 2019 PACER

Complaint

Sept. 25, 2019 PACER

Case Designated ECF. (pc) (Entered: 09/25/2019)

Sept. 25, 2019
3

DOCUMENTS TO BE SEALED (Signed by Judge Jesse M. Furman on 9/25/2019) (pc) (Entered: 09/25/2019)

Sept. 25, 2019
2

CIVIL COVER SHEET filed. (pc) (pc). (Entered: 09/25/2019)

Sept. 25, 2019 PACER

Magistrate Judge James L. Cott 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. (pc)

Sept. 25, 2019 PACER
4

SEALED DOCUMENT placed in vault.(rz) (Entered: 09/25/2019)

Sept. 25, 2019

Case Designated ECF. (pc)

Sept. 25, 2019 PACER
5

STATEMENT OF RELATEDNESS re: that this action be filed as related to 19−cv−8876. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center.(Blackman, Jonathan) (Entered: 09/25/2019)

Sept. 25, 2019
3

DOCUMENTS TO BE SEALED (Signed by Judge Jesse M. Furman on 9/25/2019) (pc) (Entered: 09/25/2019)

Sept. 25, 2019 PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) (Entered: 09/26/2019)

Sept. 26, 2019
4

SEALED DOCUMENT placed in vault.(rz) (Entered: 09/25/2019)

Sept. 25, 2019 PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) (Entered: 09/26/2019)

Sept. 26, 2019
8

FILING ERROR − DEFICIENT PLEADING − SUMMONS REQUEST PDF ERROR − REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) Modified on 9/27/2019 (dnh). (Entered: 09/26/2019)

Sept. 26, 2019
5

STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-8876. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center.(Blackman, Jonathan) (Entered: 09/25/2019)

Sept. 25, 2019 RECAP
9

REQUEST FOR ISSUANCE OF SUMMONS as to Kevin McAleenan, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) (Entered: 09/26/2019)

Sept. 26, 2019
6

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) (Entered: 09/26/2019)

Sept. 26, 2019 PACER
10

REQUEST FOR ISSUANCE OF SUMMONS as to Matthew T. Albence, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) (Entered: 09/26/2019)

Sept. 26, 2019
7

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) (Entered: 09/26/2019)

Sept. 26, 2019 PACER
11

FILING ERROR − DEFICIENT PLEADING − SUMMONS REQUEST PDF ERROR − REQUEST FOR ISSUANCE OF SUMMONS as to Susan Quintana, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) Modified on 9/27/2019 (dnh). (Entered: 09/26/2019)

Sept. 26, 2019
8

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) Modified on 9/27/2019 (dnh). (Entered: 09/26/2019)

Sept. 26, 2019 PACER
12

NOTICE OF APPEARANCE by Susan Joan Cameron on behalf of John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Cameron, Susan) (Entered: 09/26/2019)

Sept. 26, 2019
9

REQUEST FOR ISSUANCE OF SUMMONS as to Kevin McAleenan, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) (Entered: 09/26/2019)

Sept. 26, 2019 PACER
10

REQUEST FOR ISSUANCE OF SUMMONS as to Matthew T. Albence, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) (Entered: 09/26/2019)

Sept. 26, 2019 PACER
13

NOTICE OF APPEARANCE by Rikki Shana Stern on behalf of John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Stern, Rikki) (Entered: 09/26/2019)

Sept. 26, 2019
11

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Susan Quintana, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) Modified on 9/27/2019 (dnh). (Entered: 09/26/2019)

Sept. 26, 2019 PACER
15

NOTICE OF APPEARANCE by Vishakha Joshi on behalf of John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Joshi, Vishakha) (Entered: 09/26/2019)

Sept. 26, 2019
12

NOTICE OF APPEARANCE by Susan Joan Cameron on behalf of John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Cameron, Susan) (Entered: 09/26/2019)

Sept. 26, 2019 PACER
16

NOTICE OF APPEARANCE by Hasan Shafiqullah on behalf of John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Shafiqullah, Hasan) (Entered: 09/26/2019)

Sept. 26, 2019
13

NOTICE OF APPEARANCE by Rikki Shana Stern on behalf of John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Stern, Rikki) (Entered: 09/26/2019)

Sept. 26, 2019 PACER
17

ELECTRONIC SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement. (dnh) (Entered: 09/27/2019)

Sept. 27, 2019
18

ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security. (dnh) (Entered: 09/27/2019)

Sept. 27, 2019
14

NOTICE OF APPEARANCE by Jack Lee Hill on behalf of John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Hill, Jack) (Entered: 09/26/2019)

Sept. 26, 2019 PACER
19

ELECTRONIC SUMMONS ISSUED as to Kevin McAleenan. (dnh) (Entered: 09/27/2019)

Sept. 27, 2019
15

NOTICE OF APPEARANCE by Vishakha Joshi on behalf of John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Joshi, Vishakha) (Entered: 09/26/2019)

Sept. 26, 2019 PACER
20

ELECTRONIC SUMMONS ISSUED as to Matthew T. Albence. (dnh) (Entered: 09/27/2019)

Sept. 27, 2019
16

NOTICE OF APPEARANCE by Hasan Shafiqullah on behalf of John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Shafiqullah, Hasan) (Entered: 09/26/2019)

Sept. 26, 2019 PACER
17

ELECTRONIC SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement. (dnh) (Entered: 09/27/2019)

Sept. 27, 2019 PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan I. Blackman to RE−FILE Document No. 11 Request for Issuance of Summons, 8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): 'C/o' Error; include 'c/o' or 'via' before second party names (For example, Donald J. Trump via The White House). Re−file the document using the event type Request for Issuance of Summons found under the event list Service of Process − select the correct filer/filers − and attach the correct summons form PDF. (dnh) (Entered: 09/27/2019)

Sept. 27, 2019
18

ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security. (dnh) (Entered: 09/27/2019)

Sept. 27, 2019 PACER
21

REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) (Entered: 09/27/2019)

Sept. 27, 2019
22

REQUEST FOR ISSUANCE OF SUMMONS as to Susan Quintana, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) (Entered: 09/27/2019)

Sept. 27, 2019
19

ELECTRONIC SUMMONS ISSUED as to Kevin McAleenan. (dnh) (Entered: 09/27/2019)

Sept. 27, 2019 PACER
31

LETTER addressed to Judge Alison J. Nathan from Towaki Komatsu dated 9/27/2019 re: My name is Towaki Komatsu. I'm filing this letter pursuant to FRCP Rule 24 that concerns intervention both as of right and by permission in order to be granted the ability to intervene in this action as an interested party. In the event that this Court declines to grant me intervenor status in this action, I wish to instead be granted the ability to appear as an amicus curiae in this action. Document filed by Towaki Komatsu. (sac) (Entered: 10/07/2019)

Sept. 27, 2019
20

ELECTRONIC SUMMONS ISSUED as to Matthew T. Albence. (dnh) (Entered: 09/27/2019)

Sept. 27, 2019 PACER
23

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center.(Blackman, Jonathan) (Entered: 09/30/2019)

Sept. 30, 2019

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan I. Blackman to RE-FILE Document No. 11 Request for Issuance of Summons, 8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): 'C/o' Error; include 'c/o' or 'via' before second party names (For example, Donald J. Trump via The White House). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)

Sept. 27, 2019 PACER
24

ELECTRONIC SUMMONS ISSUED as to Donald J. Trump. (dnh) (Entered: 09/30/2019)

Sept. 30, 2019
21

REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) (Entered: 09/27/2019)

Sept. 27, 2019 PACER
25

ELECTRONIC SUMMONS ISSUED as to Susan Quintana. (dnh) (Entered: 09/30/2019)

Sept. 30, 2019
22

REQUEST FOR ISSUANCE OF SUMMONS as to Susan Quintana, re: 1 Complaint,. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) (Entered: 09/27/2019)

Sept. 27, 2019 PACER
26

LETTER addressed to Judge Alison J. Nathan from T. Komatsu, dated 10/1/19 re: Non−party Towaki Komatsu files this letter to provide an update in regard to the letter which he filed in this action on 9/27/19 to apply for this Court's authorization to intervene in it or, alternatively, to appear as an amicus curiae in it etc. (sc) (Entered: 10/02/2019)

Oct. 1, 2019
31

LETTER addressed to Judge Alison J. Nathan from Towaki Komatsu dated 9/27/2019 re: My name is Towaki Komatsu. I'm filing this letter pursuant to FRCP Rule 24 that concerns intervention both as of right and by permission in order to be granted the ability to intervene in this action as an interested party. In the event that this Court declines to grant me intervenor status in this action, I wish to instead be granted the ability to appear as an amicus curiae in this action. Document filed by Towaki Komatsu. (sac) (Entered: 10/07/2019)

Sept. 27, 2019 PACER
27

ORDER: On September 26, 2019, the Court received from Plaintiffs a letter motion for leave to proceed under pseudonym and for a protective order, as well as accompanying affidavits. On or before October 8, 2019, Plaintiffs shall file proposed redacted versions of the motion and accompanying affidavits, as well as a proposed order, on the public docket. The Court will maintain the unredacted versions of the motion and accompanying affidavits under seal. The Court will wait for a response from Defendants before deciding Plaintiffs' motion. (Signed by Judge Alison J. Nathan on 10/2/2019) (cf) (Entered: 10/02/2019)

Oct. 2, 2019
23

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center.(Blackman, Jonathan) (Entered: 09/30/2019)

Sept. 30, 2019 PACER
24

ELECTRONIC SUMMONS ISSUED as to Donald J. Trump. (dnh) (Entered: 09/30/2019)

Sept. 30, 2019 PACER
28

NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, February 21, 2020 at 3:45 pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference. Additionally, in accordance with the Court's Individual Rules, the parties are hereby ORDERED to ECF file a Proposed Civil Case Management Plan and Scheduling Order no later than seven days prior to the Initial Pretrial Conference. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Counsel who have noticed an appearance as of the issuance of this order are directed to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and Individual Rules to that party personally. And as set forth herein. Initial Conference set for 2/21/2020 at 03:45 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 10/03/2019) (ama) (Entered: 10/03/2019)

Oct. 3, 2019
25

ELECTRONIC SUMMONS ISSUED as to Susan Quintana. (dnh) (Entered: 09/30/2019)

Sept. 30, 2019 PACER
29

AFFIDAVIT OF SERVICE of Summons and Complaint,. Document filed by Urban Justice Center, The Door, New York Immigration Coalition, Sanctuary For Families, John Doe, Make the Road New York. (Blackman, Jonathan) (Entered: 10/03/2019)

Oct. 3, 2019
30

AFFIDAVIT OF SERVICE of Summons and Complaint,. Document filed by Urban Justice Center, The Door, New York Immigration Coalition, Sanctuary For Families, John Doe, Make the Road New York. (Blackman, Jonathan) (Entered: 10/03/2019)

Oct. 3, 2019
26

LETTER addressed to Judge Alison J. Nathan from T. Komatsu, dated 10/1/19 re: Non-party Towaki Komatsu files this letter to provide an update in regard to the letter which he filed in this action on 9/27/19 to apply for this Court's authorization to intervene in it or, alternatively, to appear as an amicus curiae in it etc. (sc) (Entered: 10/02/2019)

Oct. 1, 2019 PACER
32

LETTER MOTION to Seal Document \ Letter Motion to Proceed Under Pseudonym and for a Protective Order addressed to Judge Alison J. Nathan from Jonathan I. Blackman dated October 7, 2019. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center.(Blackman, Jonathan) (Entered: 10/07/2019)

Oct. 7, 2019

***DELETED DOCUMENT. Deleted document number 27 NOTICE OF INITIAL PRETRIAL CONFERENCE. The document was incorrectly filed in this case. (kv)

Oct. 2, 2019 PACER
33

AFFIDAVIT of John Doe [REDACTED] in Support re: 32 LETTER MOTION to Seal Document \ Letter Motion to Proceed Under Pseudonym and for a Protective Order addressed to Judge Alison J. Nathan from Jonathan I. Blackman dated October 7, 2019.. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) (Entered: 10/07/2019)

Oct. 7, 2019
27

ORDER: On September 26, 2019, the Court received from Plaintiffs a letter motion for leave to proceed under pseudonym and for a protective order, as well as accompanying affidavits. On or before October 8, 2019, Plaintiffs shall file proposed redacted versions of the motion and accompanying affidavits, as well as a proposed order, on the public docket. The Court will maintain the unredacted versions of the motion and accompanying affidavits under seal. The Court will wait for a response from Defendants before deciding Plaintiffs' motion. (Signed by Judge Alison J. Nathan on 10/2/2019) (cf) (Entered: 10/02/2019)

Oct. 2, 2019 PACER
34

PROPOSED ORDER. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. Related Document Number: 32 . (Blackman, Jonathan) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 10/07/2019)

Oct. 7, 2019
28

NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, February 21, 2020 at 3:45 pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference. Additionally, in accordance with the Court's Individual Rules, the parties are hereby ORDERED to ECF file a Proposed Civil Case Management Plan and Scheduling Order no later than seven days prior to the Initial Pretrial Conference. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Counsel who have noticed an appearance as of the issuance of this order are directed to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and Individual Rules to that party personally. And as set forth herein. Initial Conference set for 2/21/2020 at 03:45 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 10/03/2019) (ama) (Entered: 10/03/2019)

Oct. 3, 2019 PACER

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 34 Proposed Order was reviewed and approved as to form. (km) (Entered: 10/07/2019)

Oct. 7, 2019
29

AFFIDAVIT OF SERVICE of Summons and Complaint,. Document filed by Urban Justice Center, The Door, New York Immigration Coalition, Sanctuary For Families, John Doe, Make the Road New York. (Blackman, Jonathan) (Entered: 10/03/2019)

Oct. 3, 2019 PACER
30

AFFIDAVIT OF SERVICE of Summons and Complaint,. Document filed by Urban Justice Center, The Door, New York Immigration Coalition, Sanctuary For Families, John Doe, Make the Road New York. (Blackman, Jonathan) (Entered: 10/03/2019)

Oct. 3, 2019 PACER
35

LETTER addressed to Judge Alison J. Nathan from T. Komatsu, dated 10/8/19 re: Non−party Towaki Komatsu files this letter to inform the Court that the Pro Se Office for this Courthouse again lost a legal filing which he submitted to it; and that on 9/27/19, he submitted the first attached legal filing to submit an application to intervene in this action to the Pro Se Office in−person in the Thurgood Marshall federal courthouse etc. (sc) (Entered: 10/08/2019)

Oct. 8, 2019
32

LETTER MOTION to Seal Document \ Letter Motion to Proceed Under Pseudonym and for a Protective Order addressed to Judge Alison J. Nathan from Jonathan I. Blackman dated October 7, 2019. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center.(Blackman, Jonathan) (Entered: 10/07/2019)

Oct. 7, 2019 PACER
36

SEALED DOCUMENT placed in vault.(rz) (Entered: 10/09/2019)

Oct. 9, 2019
33

AFFIDAVIT of John Doe [REDACTED] in Support re: 32 LETTER MOTION to Seal Document \ Letter Motion to Proceed Under Pseudonym and for a Protective Order addressed to Judge Alison J. Nathan from Jonathan I. Blackman dated October 7, 2019.. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) (Entered: 10/07/2019)

Oct. 7, 2019 PACER
37

NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of Matthew T. Albence, Kevin McAleenan, Susan Quintana, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Onozawa, Tomoko) (Entered: 10/10/2019)

Oct. 10, 2019
34

PROPOSED ORDER. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. Related Document Number: 32 . (Blackman, Jonathan) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 10/07/2019)

Oct. 7, 2019 PACER
38

LETTER MOTION for Conference addressed to Judge Alison J. Nathan from Jonathan I. Blackman dated October 10, 2019. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Attachments: # 1 Attachment − Civil Case Management Plan in New York v. U.S. Immigration and Customs Enforcement, 19cv8876)(Blackman, Jonathan) (Entered: 10/10/2019)

Oct. 10, 2019

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 34 Proposed Order was reviewed and approved as to form. (km)

Oct. 7, 2019 PACER
39

NOTICE OF APPEARANCE by Rebecca Ruth Friedman on behalf of Matthew T. Albence, Kevin McAleenan, Susan Quintana, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Friedman, Rebecca) (Entered: 10/11/2019)

Oct. 11, 2019
35

LETTER addressed to Judge Alison J. Nathan from T. Komatsu, dated 10/8/19 re: Non-party Towaki Komatsu files this letter to inform the Court that the Pro Se Office for this Courthouse again lost a legal filing which he submitted to it; and that on 9/27/19, he submitted the first attached legal filing to submit an application to intervene in this action to the Pro Se Office in-person in the Thurgood Marshall federal courthouse etc. (sc) (Entered: 10/08/2019)

Oct. 8, 2019 PACER
40

LETTER RESPONSE to Motion addressed to Judge Alison J. Nathan from AUSA Tomoko Onozawa dated 10/15/2019 re: 38 LETTER MOTION for Conference addressed to Judge Alison J. Nathan from Jonathan I. Blackman dated October 10, 2019. . Document filed by Matthew T. Albence, Kevin McAleenan, Susan Quintana, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Onozawa, Tomoko) (Entered: 10/15/2019)

Oct. 15, 2019
36

SEALED DOCUMENT placed in vault.(rz) (Entered: 10/09/2019)

Oct. 9, 2019 PACER
41

ORDER granting 38 Letter Motion for Conference. The initial pretrial conference scheduled for February 21, 2020 is hereby rescheduled to November 1, 2019 at 3:45 p.m. The filings described in the Court's October 3, 2019 Order, see Dkt. No. 28, should be filed no later than seven days prior to the initial pretrial conference. SO ORDERED. Initial Conference set for 11/1/2019 at 03:45 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 10/16/2019) (kv) (Entered: 10/17/2019)

Oct. 17, 2019

Sealed Document

Oct. 9, 2019 PACER
42

LETTER RESPONSE to Motion addressed to Judge Alison J. Nathan from Rebecca R. Friedman dated October 21, 2019 re: 32 LETTER MOTION to Seal Document \ Letter Motion to Proceed Under Pseudonym and for a Protective Order addressed to Judge Alison J. Nathan from Jonathan I. Blackman dated October 7, 2019. . Document filed by Matthew T. Albence, Kevin McAleenan, Susan Quintana, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Guidance, # 2 Exhibit Guidance)(Friedman, Rebecca) (Entered: 10/21/2019)

Oct. 21, 2019
37

NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of Matthew T. Albence, Kevin McAleenan, Susan Quintana, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Onozawa, Tomoko) (Entered: 10/10/2019)

Oct. 10, 2019 PACER
43

LETTER REPLY to Response to Motion addressed to Judge Alison J. Nathan from Jonathan I. Blackman dated October 22, 2019 re: 32 LETTER MOTION to Seal Document \ Letter Motion to Proceed Under Pseudonym and for a Protective Order addressed to Judge Alison J. Nathan from Jonathan I. Blackman dated October 7, 2019. . Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Blackman, Jonathan) (Entered: 10/22/2019)

Oct. 22, 2019
38

LETTER MOTION for Conference addressed to Judge Alison J. Nathan from Jonathan I. Blackman dated October 10, 2019. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Attachments: # 1 Attachment - Civil Case Management Plan in New York v. U.S. Immigration and Customs Enforcement, 19cv8876)(Blackman, Jonathan) (Entered: 10/10/2019)

Oct. 10, 2019 PACER
45

LETTER addressed to Judge Alison J. Nathan from T. Komatsu, dated 10/22/19 re: Non−party Towaki Komatsu files this letter to request an upsdate about the request which he submitted on 9/27/19 to intervene in this action or otherwise appear as an amicus curiae; and to provide the Court with a significant update about a recent development which supports the request he submitted to intervene etc. (sc) (Entered: 10/24/2019)

Oct. 22, 2019
39

NOTICE OF APPEARANCE by Rebecca Ruth Friedman on behalf of Matthew T. Albence, Kevin McAleenan, Susan Quintana, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Friedman, Rebecca) (Entered: 10/11/2019)

Oct. 11, 2019 PACER
44

ORDER granting 32 Motion to Seal Document. IT IS HEREBY ORDERED that: 1. Movant Plaintiff's motion for leave to proceed under pseudonym and for a protective order is GRANTED; 2. The unredacted complaint, motion to proceed anonymously and for a protective order, and accompanying affidavits filed under seal in this action shall remain filed under seal; 3. Movant Plaintiff shall be referred to by his designated pseudonym "John Doe" in all publicly filed documents; 4. All subsequent filings by either party that contain Movant Plaintiff's name or other identifying information must be filed under seal, and any publicly−filed documents shall be redacted to remove identifying information about Movant Plaintiff; 5. Movant Plaintiff will provide his name to Defendants; 6. Defendants may not reveal or disclose Movant Plaintiff's true identity (or any information which could reveal Movant Plaintiff's true identity) to any individual or entity other than their attorneys, and then only for purposes of litigating the above−referenced action; and 7. Because Movant Plaintiff could face significant harm if his identity become public, this Court shall, within its discretion, impose the maximum sanction permitted by law for any violation of this Order. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/24/2019) (kv) Transmission to Sealed Records Clerk for processing. (Entered: 10/24/2019)

Oct. 24, 2019
46

LETTER addressed to Judge Alison J. Nathan from Jonathan I. Blackman dated October 25, 2019 re: initial pretrial conference. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Attachments: # 1 Ex. A − Plaintiffs' Letter Opposing Stay of Discovery and Plaintiffs' Proposed CMP, # 2 Ex. B − Defendants' Proposed CMP)(Blackman, Jonathan) (Entered: 10/25/2019)

Oct. 25, 2019
40

LETTER RESPONSE to Motion addressed to Judge Alison J. Nathan from AUSA Tomoko Onozawa dated 10/15/2019 re: 38 LETTER MOTION for Conference addressed to Judge Alison J. Nathan from Jonathan I. Blackman dated October 10, 2019. . Document filed by Matthew T. Albence, Kevin McAleenan, Susan Quintana, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Onozawa, Tomoko) (Entered: 10/15/2019)

Oct. 15, 2019 PACER
47

ORDER: Due to the Court's unavailability, the initial pretrial conference previously scheduled for Friday, November 1, 2019 at 3:45 p.m. is hereby rescheduled to November 1, 2019 at 10 a.m. The conference will be held in Courtroom 318 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. (Initial Conference set for 11/1/2019 at 10:00 AM in Courtroom 318, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 10/25/2019) (rro) (Entered: 10/28/2019)

Oct. 28, 2019
41

ORDER granting 38 Letter Motion for Conference. The initial pretrial conference scheduled for February 21, 2020 is hereby rescheduled to November 1, 2019 at 3:45 p.m. The filings described in the Court's October 3, 2019 Order, see Dkt. No. 28, should be filed no later than seven days prior to the initial pretrial conference. SO ORDERED. Initial Conference set for 11/1/2019 at 03:45 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 10/16/2019) (kv) (Entered: 10/17/2019)

Oct. 17, 2019 PACER

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:

Undocumented immigrant and advocacy organizations.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security (Washington), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Petitions clause

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Immigration/Border:

Constitutional rights

Detention - procedures

ICE/DHS/INS raid

Immigration lawyers

Undocumented immigrants - rights and duties