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 attrorneys, 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

1:19-cv-08892

Docket

March 4, 2021

March 4, 2021

Docket
1

1:19-cv-08892

Complaint for Declaratory and Injunctive Relief

Sept. 25, 2019

Sept. 25, 2019

Complaint
121

1:18-cv-08892

Opinion & Order

Sept. 28, 2020

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 Aug. 27, 2022, 3:07 a.m.

ECF Number Description Date Link 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

Sept. 25, 2019

RECAP

Sealed Document

Sept. 25, 2019

Sept. 25, 2019

PACER

Civil Cover Sheet

Sept. 25, 2019

Sept. 25, 2019

PACER

Complaint

Sept. 25, 2019

Sept. 25, 2019

PACER
2

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

Sept. 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

Sept. 25, 2019

PACER

Case Designated ECF. (pc)

Sept. 25, 2019

Sept. 25, 2019

PACER
3

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

Sept. 25, 2019

Sept. 25, 2019

PACER
4

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

Sept. 25, 2019

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

Sept. 25, 2019

RECAP
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

Sept. 26, 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

Sept. 26, 2019

PACER
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

Sept. 26, 2019

PACER
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

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

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

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

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

Sept. 26, 2019

PACER
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

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

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

Sept. 26, 2019

PACER
17

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

Sept. 27, 2019

Sept. 27, 2019

PACER
18

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

Sept. 27, 2019

Sept. 27, 2019

PACER
19

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

Sept. 27, 2019

Sept. 27, 2019

PACER
20

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

Sept. 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)

Sept. 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

Sept. 27, 2019

PACER
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

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

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

Sept. 30, 2019

PACER
24

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

Sept. 30, 2019

Sept. 30, 2019

PACER
25

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

Sept. 30, 2019

Sept. 30, 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

Oct. 1, 2019

PACER

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

Oct. 2, 2019

Oct. 2, 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

Oct. 2, 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

Oct. 3, 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

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

Oct. 3, 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

Oct. 7, 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

Oct. 7, 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

Oct. 7, 2019

PACER

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

Oct. 7, 2019

Oct. 7, 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

Oct. 8, 2019

PACER
36

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

Oct. 9, 2019

Oct. 9, 2019

PACER

Sealed Document

Oct. 9, 2019

Oct. 9, 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

Oct. 10, 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)

1 Attachment - Civil Case Management Plan in New York v. U.S. Immigration and Cus

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Oct. 10, 2019

Oct. 10, 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

Oct. 11, 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

Oct. 15, 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

Oct. 17, 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)

1 Exhibit Guidance

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2 Exhibit Guidance

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Oct. 21, 2019

Oct. 21, 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

Oct. 22, 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

Oct. 22, 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

Oct. 24, 2019

PACER
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)

1 Ex. A - Plaintiffs' Letter Opposing Stay of Discovery and Plaintiffs'

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2 Ex. B - Defendants' Proposed CMP

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Oct. 25, 2019

Oct. 25, 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

Oct. 28, 2019

PACER
48

NOTICE OF APPEARANCE by Susan Elizabeth Welber on behalf of John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Welber, Susan) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
49

LETTER MOTION for Conference on the Government's motion to stay discovery until the Court decides the Government's anticipated motion to dismiss addressed to Judge Alison J. Nathan from Rebecca R. Friedman dated October 29, 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 Case Management Plan, # 2 Exhibit Transcript Excerpt, # 3 Exhibit Docket)(Friedman, Rebecca) (Entered: 10/29/2019)

1 Exhibit Case Management Plan

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2 Exhibit Transcript Excerpt

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3 Exhibit Docket

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Oct. 29, 2019

Oct. 29, 2019

PACER
51

LETTER addressed to Judge Alison J. Nathan from T. Komatsu, re: Non-party Tomaki Komatsu files this letter to yet again request a status update about the request that he submitted on 9/27/19 to intervene in this action or otherwise appear as an amicus curiae primarily, because it clearly appears that this Court is acting in defiance of his constitutional due process right to receive such notice in a timely manner etc. (sc) (Entered: 10/31/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER
50

ORDER re: 31 Letter. For the reasons stated above, the Court DENIES Mr. Komatsu's motion to intervene or, in the alternative, to appear as an amicus curiae. The Court ce1iifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purposes of an appeal. Coppedge v. United States, 269 U.S. 438, 444-45 (1962). A copy of this Order will be mailed to Mr. Komatsu, and that mailing will be noted on the public docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/31/2019) Copies Mailed By Chambers. (kv) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER

Minute Entry for proceedings held before Judge Alison J. Nathan. Initial pre-trial conference held. A scheduling plan will be entered by separate order. See transcript for complete details. (Court Reporter Steven Greenblum) (qs) Modified on 11/1/2019 (qs).

Nov. 1, 2019

Nov. 1, 2019

PACER
52

ORDER: Accordingly, Defendants' motion to dismiss is due December 2, 2019; Plaintiffs' opposition is due December 23, 2019; and Defendants' reply is due January 13, 2020. Oral argument on the motion to dismiss is hereby scheduled for February 12, 2020 at 2 p.m. The Court also adopts Plaintiffs' proposed case management plan, which will be entered separately. If the motion to dismiss pending in State of New York, et al. v. US. Immigration and Customs Enforcement, et al., l 9-cv-8876, is granted, Defendants may renew their motion to stay discovery in this case within three days of that grant. SO ORDERED. (Motions due by 12/2/2019, Responses due by 12/23/2019, Replies due by 1/13/2020, Oral Argument set for 2/12/2020 at 02:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 11/1/2019) (jca) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
53

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. ยง 636(c). This case to not to be tried to a jury. Deposition due by 2/14/2020. Expert Deposition due by 2/28/2020. Fact Discovery due by 3/1/2020. Expert Discovery due by 2/28/2020. Case Management Conference set for 3/20/2020 at 03:00 PM before Judge Alison J. Nathan. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/1/2019) (ks) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
54

LETTER addressed to Judge Alison J. Nathan from T. Komatsu, dated 11/5/19 re: Non-Party T. Komatsu writes that he is legally entitled to intervene as of right in this action due to how FRCP Rule 24 is written; and he invokes that right to order the Court pursuant to FRCP Rule 60 to enable him to promptly do so etc. (sc) Modified on 11/6/2019 (sc). (Entered: 11/06/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
55

TRANSCRIPT of Proceedings re: CONFERENCE held on 11/1/2019 before Judge Alison J. Nathan. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/4/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/11/2020.(McGuirk, Kelly) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
56

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/1/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
57

LETTER MOTION for Extension of Time addressed to Judge Alison J. Nathan from Rebecca R. Friedman dated November 22, 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 Transcript Excerpt, # 2 Exhibit Case Management Plan)(Friedman, Rebecca) (Entered: 11/22/2019)

1 Exhibit Transcript Excerpt

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2 Exhibit Case Management Plan

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Nov. 22, 2019

Nov. 22, 2019

PACER
60

LETTER addressed to Judge Jed S. Rakoff from T. Komatsu, dated 11/22/19 re: Plaintiff writes that it is simply impossible to reconcile and justify a continuation of the practice that has him stalked every time in which he visits federal courthouses by CSOs with a determination that this Court may issue that prohibits ICE personnel and/or agents from following others inside courthouses in New York State. (sc) (Entered: 11/26/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
58

TRANSCRIPT of Proceedings re: CONFERENCE held on 11/1/2019 before Judge Alison J. Nathan. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/16/2019. Redacted Transcript Deadline set for 12/26/2019. Release of Transcript Restriction set for 2/24/2020.(McGuirk, Kelly) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
59

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/1/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
61

ORDER granting 57 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/26/2019) (ks) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER

Set/Reset Deadlines: Motions due by 12/4/2019. Responses due by 12/27/2019 Replies due by 1/16/2020. (ks)

Nov. 26, 2019

Nov. 26, 2019

PACER
62

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. ยง 636(c). This case is not to be tried to jury. Deposition due by 3/27/2020. Fact Discovery due by 4/1/2020. Expert Discovery due by 3/27/2020. Case Management Conference set for 4/17/2020 at 02:00 PM before Judge Alison J. Nathan. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/26/2019) (ks) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
63

MOTION to Dismiss Complaint. 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. Responses due by 1/16/2020 Return Date set for 2/12/2020 at 02:00 PM.(Onozawa, Tomoko) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

RECAP
64

MEMORANDUM OF LAW in Support re: 63 MOTION to Dismiss Complaint. . 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: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

RECAP
65

DECLARATION of AUSA Tomoko Onozawa in Support re: 63 MOTION to Dismiss Complaint.. 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 A, # 2 Exhibit B, # 3 Exhibit C)(Onozawa, Tomoko) (Entered: 12/04/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

View on PACER

Dec. 4, 2019

Dec. 4, 2019

PACER
66

LETTER MOTION to File Amicus Brief addressed to Judge Alison J. Nathan from Immigrant Defense Project dated December 10, 2019. Document filed by Immigrant Defense Project.(Lawson, Theresa) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

RECAP
67

ORDER granting 66 Letter Motion to File Amicus Brief. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/11/2019) (rro) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
68

LETTER MOTION to File Amicus Brief addressed to Judge Alison J. Nathan from Brian A. Sutherland dated 12/20/2019. Document filed by Immigration Law Scholars.(Sutherland, Brian) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

RECAP
69

Amicus Curiae APPEARANCE entered by Theresa Dawn Lawson on behalf of Immigrant Defense Project.(Lawson, Theresa) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
70

BRIEF of Amici Curiae Immigrant Defense Project and 39 Legal Services Organizations, Public Defender Organizations, and Non-Profit Organizations In Support Of Plaintiffs. Document filed by Immigrant Defense Project.(Lawson, Theresa) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

RECAP
71

ORDER granting 68 Letter Motion to File Amicus Brief. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/20/2019) (cf) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
72

LETTER MOTION for Discovery - Agreement On Administrative Record Filing Date addressed to Judge Alison J. Nathan from Rebecca R. Friedman dated December 23, 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.(Friedman, Rebecca) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

PACER
73

BRIEF of Amici Curiae Immigration Law Scholars. Document filed by Immigration Law Scholars.(Sutherland, Brian) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

RECAP
74

MEMORANDUM OF LAW in Opposition re: 63 MOTION to Dismiss 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: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

RECAP
75

NOTICE of Filing of Administrative Record. 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 AR 1-110, # 2 AR 111-170)(Onozawa, Tomoko) (Entered: 01/03/2020)

1 AR 1-110

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2 AR 111-170

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Jan. 3, 2020

Jan. 3, 2020

PACER
76

ORDER granting 72 Letter Motion for Discovery. The parties shall submit a proposed amended case management plan by January 10, 2020. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/6/2020) (rro) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

RECAP
77

LETTER addressed to Judge Alison J. Nathan from Jonathan I. Blackman dated January 10, 2020 re: Case Management Plan. 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: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
78

MEMO ENDORSEMENT on re: 77 Letter, filed by New York Immigration Coalition, The Door, Sanctuary For Families, John Doe, Make the Road New York, Urban Justice Center. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 1/13/2020) (kv) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER
79

CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Alison J. Nathan from Rebecca R. Friedman dated January 14, 2020. 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.(Friedman, Rebecca) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
80

ORDER granting 79 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/14/2020) (kv) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
81

REPLY MEMORANDUM OF LAW in Support re: 63 MOTION to Dismiss Complaint. . 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: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

RECAP
82

NOTICE OF APPEARANCE by Lilia Isobel Toson on behalf of John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center..(Toson, Lilia) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
83

LETTER addressed to Judge Alison J. Nathan from Jonathan I. Blackman dated February 4, 2020 re: Proposed Protective Order. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Attachments: # 1 Text of Proposed Order).(Blackman, Jonathan) (Entered: 02/04/2020)

1 Text of Proposed Order

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Feb. 4, 2020

Feb. 4, 2020

PACER
84

PROPOSED PROTECTIVE ORDER. 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: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

PACER
85

MEMO ENDORSEMENT on re: 83 Letter, filed by New York Immigration Coalition, The Door, Sanctuary For Families, John Doe, Make the Road New York, Urban Justice Center. ENDORSEMENT: The Court is prepared to issue the parties' proposed protective order, but they have not signed it. By February 12, 2020, the parties shall submit a signed proposed order. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/7/2020) (ks) (Entered: 02/07/2020)

Feb. 7, 2020

Feb. 7, 2020

PACER
86

LETTER addressed to Judge Alison J. Nathan from Jonathan I. Blackman dated February 10, 2020 re: proposed Protective Order. Document filed by John Doe, Make the Road New York, New York Immigration Coalition, Sanctuary For Families, The Door, Urban Justice Center. (Attachments: # 1 Text of Proposed Order).(Blackman, Jonathan) (Entered: 02/10/2020)

1 Text of Proposed Order

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Feb. 10, 2020

Feb. 10, 2020

PACER
87

PROPOSED PROTECTIVE ORDER. 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: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER
88

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...Nothing in this Order affects the parties' obligation to comply with Rule 4 of the Court's Individual Practices in Civil Cases governing redactions and filing under seal, or with any of the Court's other Individual Practices as relevant. (Signed by Judge Alison J. Nathan on 2/12/2020) (mro) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

RECAP

Minute Entry for proceedings held before Judge Alison J. Nathan. Oral Argument held on Defendants' motion to dismiss. Decision reserved. See transcript for complete details. (Court Reporter Martha Martin) (qs)

Feb. 12, 2020

Feb. 12, 2020

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 25, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Undocumented immigrant and advocacy organizations.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

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

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Petitions clause

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