Case: Las Americas Immigrant Advocacy Center v. Trump

3:19-cv-02051 | U.S. District Court for the District of Oregon

Filed Date: Dec. 18, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: The SPLC, Innovation Law Lab, Las Americas Immigrant Advocacy Center, Asylum Seeker Advocacy Project, Catholic Legal Immigration Network, Inc. and Santa Fe Dreamers Project filed for an emergency temporary restraining order challenging the continued operation of the immigration courts despite the current public health crisis. On April 1, 2020, Judge Karin J. Immergut denied the plaintiffs' motion, finding the relief requested to be too attenuated from the claims underlying the…

COVID-19 Summary: The SPLC, Innovation Law Lab, Las Americas Immigrant Advocacy Center, Asylum Seeker Advocacy Project, Catholic Legal Immigration Network, Inc. and Santa Fe Dreamers Project filed for an emergency temporary restraining order challenging the continued operation of the immigration courts despite the current public health crisis. On April 1, 2020, Judge Karin J. Immergut denied the plaintiffs' motion, finding the relief requested to be too attenuated from the claims underlying the plaintiffs' initial complaint. On July 31, the court granted in part and denied in part the defendant's motion to dismiss. The defendants then filed a motion for reconsideration on September 4, which was denied on September 15.


On December 18, 2019, six immigration legal service providers filed this lawsuit in the U.S. District Court for the District of Oregon, alleging that the federal government had manipulated the immigration adjudication system in a way that makes it virtually impossible for asylum seekers to win their cases. The organizations (Las Americas Immigrant Advocacy Center, Asylum Seeker Advocacy Project, Catholic Legal Immigration Network, Inc., Innovation Law Lab, Santa Fe Dreamers Project, and Southern Poverty Law Center), sued President Trump, the Department of Justice (DOJ), and the Executive Office for Immigration Review (EOIR), under the U.S. Constitution, the Administrative Procedure Act (APA), and the Immigration and Nationality Act (INA). Represented by Innovation Law Lab, Southern Poverty Law Center, and private counsel, the plaintiffs alleged violations of the Take Care Clause of the U.S. Constitution, as well as provisions of the INA and the APA. The plaintiffs sought declaratory and injunctive relief. The case was assigned to Magistrate Judge Stacie Beckerman.

In their complaint, the plaintiffs alleged that the defendants had abused their authority to perpetuate “asylum-free zones”—immigration court jurisdictions where asylum is virtually impossible to win, thus nullifying the U.S. asylum statutory scheme. The plaintiffs also claimed that by burdening the immigration courts with a backlog of more than a million cases, the defendants had undermined fairness in the system and impaired the INA’s case-by-case decision-making process. Finally, the plaintiffs alleged that by implementing new performance metrics for immigration judges (the Metrics Policy) and a rapid-removal family docketing directive (the FAMU Directive), the defendants had impaired the impartiality of immigration judges and undermined the fairness of proceedings for recently-arrived families. As immigration legal service providers, the plaintiffs stated that the defendants’ efforts had denied them a fair forum in which to vindicate their organization missions.

The defendants filed a motion to dismiss on March 20, 2020.

On March 27, the plaintiffs filed an emergency motion for a temporary restraining order (TRO) due to the COVID-19 pandemic. In their request, the plaintiffs alleged that the defendants’ actions in response to the pandemic had turned the immigration court system into a public health hazard. Specifically, they claimed that the defendants were continuing to require attorneys, respondents, judges, and staff to appear in person at many immigration courts, refusing to extend deadlines despite the danger associated with compliance, failing to provide adequate notice of emergency court closures and procedures, and ordering immigration judges to fast-track cases to completion (i.e. deportation) in the absence of respondents and counsel.

The plaintiffs sought a temporary injunction under the All Writs Act to require the defendants to take reasonable steps to the protect public health in the immigration courts, including: no longer compelling respondents to appear in person or holding hearings without the consent of the respondent or their counsel, no longer invoking in absentia procedures to order removal in cases where respondents fail to appear, tolling deadlines, waiving certain filing requirements, and allowing attorneys not to appear in person without being held in contempt.

The same day, the case was reassigned to Judge Karin J. Immergut.

A group of former immigration judges and members of the Board of Immigration Appeals filed an amicus brief in support of the plaintiffs’ request for a TRO on March 30, 2020.

On April 1, 2020, Judge Immergut denied the plaintiffs’ motion. In an April 2 order, she explained that the relief sought by the plaintiffs was too attenuated from the claims alleged in their complaint to sustain their burden for a temporary injunction under the All Writs Act. Judge Immergut also noted that the defendants demonstrated that they had taken significant steps to reduce in-person contacts and modify immigration court functions in the wake of the pandemic. Consequently, she did not find it necessary to grant the sweeping relief sought by the plaintiffs.

On July 31, the court granted in part and denied in part the defendant's motion to dismiss, dismissing the plaintiffs' claims that sought enjoinder of “asylum-free zones”—i.e. immigration courts with unusually high rates of denials for asylum applications— for lack of jurisdiction. 2020 WL 4431682. However, all of the remaining claims were allowed to proceed.

The defendants sought reconsideration on September 4. They argued that the court lacked jurisdiction over claims arising from or relating to removal proceedings. The defendants also claimed that the plaintiffs failed to state a claim upon which relief could be granted.

The defendants' motion for reconsideration was denied on September 15, as it repeated and expounded upon arguments previously made without a new basis for reconsideration. The district court also noted that it was bound by Ninth Circuit precedent, East Bay Sanctuary Covenant v. Trump, which recognized organizational standing for immigration services organizations when they can establish their own injury. The court also found that it had jurisdiction because the plaintiffs' asserted injuries did not arise from any removal proceeding and were not cognizable under the petition-for-review process.

On April 15, 2021, the defendants filed an unopposed motion to stay, which the court granted the next day; the case was stayed until July 14, 2021. The parties continued with some discovery and the case is ongoing.

Summary Authors

Sam Kulhanek (4/2/2020)

Averyn Lee (9/17/2020)

Chandler Hart-McGonigle (11/17/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16601201/parties/las-americas-immigrant-advocacy-center-v-trump/


Judge(s)

Immergut, Karin Johanna (Oregon)

Attorneys(s) for Plaintiff

Beel, Bryan D (Oregon)

Brenner, Alletta S (Oregon)

Cassler, Rebecca (Georgia)

Crow, Melissa E. (District of Columbia)

Cunnings, Jordan (Oregon)

Dahab, Nadia H. (Oregon)

Hellgren, Tess (Oregon)

Johnson, Thomas R. (Oregon)

Manning, Stephen W. (Oregon)

Judge(s)

Immergut, Karin Johanna (Oregon)

Attorneys(s) for Plaintiff

Beel, Bryan D (Oregon)

Brenner, Alletta S (Oregon)

Cassler, Rebecca (Georgia)

Crow, Melissa E. (District of Columbia)

Cunnings, Jordan (Oregon)

Dahab, Nadia H. (Oregon)

Hellgren, Tess (Oregon)

Johnson, Thomas R. (Oregon)

Manning, Stephen W. (Oregon)

Morales, Nathan R (Oregon)

Parker, Christopher G. (California)

Stoller, Heidee (Oregon)

Willis, Gracie Harper (Georgia)

Attorneys(s) for Defendant

Davis, Ethan P. (District of Columbia)

Fudim, Elissa (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Peachey, William Charles (District of Columbia)

Reuveni, Erez (District of Columbia)

Ward, Brian Christopher (District of Columbia)

Other Attorney(s)

Berne, Gary M. (Oregon)

Dubanevich, Keith S. (Oregon)

Hoesly, Cody B (Oregon)

Mueller, Keil M. (Oregon)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 15, 2021 Docket
1

Complaint

Dec. 18, 2019 Complaint
28

Emergency Motion for Temporary Restraining Order

March 27, 2020 Pleading / Motion / Brief
52

Order

451 F.Supp.3d 1191, 2020 WL 1671584

April 2, 2020 Order/Opinion
57

Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss

April 24, 2020 Pleading / Motion / Brief
62

Brief of Amici Former Immigration Judges and Members of Board of Immigration Appeals

May 8, 2020 Pleading / Motion / Brief
68

Defendants' Reply in Support of Defendants' Motion to Dismiss

May 29, 2020 Pleading / Motion / Brief
79

Opinion and Order

475 F.Supp.3d 1194, 2020 WL 4431682

July 31, 2020 Order/Opinion
84

Defendants' Motion to Reconsider

Sept. 4, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Las Americas v. Trump

Tess Hellgren

On December 18, 2019, Innovation Law Lab and its partners sued in federal court to challenge the weaponization of the nation's immigration court system to serve the Trump administration's anti-immigr… March 27, 2020 https://innovationlawlab.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16601201/las-americas-immigrant-advocacy-center-v-trump/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-6125948 Jury Trial Requested: No. Filed by Asylum Seeker Advocacy Project, Innovation Law Lab, Catholic Legal Immigration Network, Inc., Las Americas Immigrant Advocacy Center, Santa Fe Dreamers Project, Southern Poverty Law Center against All Defendants (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Civil Cover Sheet). (Beel, Bryan) (Entered: 12/18/2019)

1 Proposed Summons

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2 Proposed Summons

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3 Proposed Summons

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4 Proposed Summons

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5 Proposed Summons

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6 Civil Cover Sheet

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Dec. 18, 2019 RECAP
2

Motion for Leave to Appear Pro Hac Vice for Attorney Rebecca M. Cassler . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-6125984. Filed by All Plaintiffs. (Beel, Bryan) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
3

Motion for Leave to Appear Pro Hac Vice for Attorney Melissa Crow . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-6125997. Filed by All Plaintiffs. (Beel, Bryan) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
4

Motion for Leave to Appear Pro Hac Vice for Attorney Christopher G. Parker . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-6126000. Filed by All Plaintiffs. (Beel, Bryan) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
5

Motion for Leave to Appear Pro Hac Vice for Attorney Gracie H. Willis . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-6126004. Filed by All Plaintiffs. (Beel, Bryan) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
6

Notice of Case Assignment to Magistrate Judge Stacie F. Beckerman and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 4/16/2020. Joint Alternate Dispute Resolution Report is due by 5/18/2020. Pretrial Order is due by 5/18/2020. Ordered by Magistrate Judge Stacie F. Beckerman. (ecp) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
7

Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (Attachments: # 1 issued summons Barr, # 2 issued summons McHenry, # 3 issued summons US Dept of Justice, # 4 issued summons EOIR) (ecp) (Entered: 12/18/2019)

1 issued summons Barr

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2 issued summons McHenry

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3 issued summons US Dept of Justice

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4 issued summons EOIR

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Dec. 18, 2019 PACER
8

ORDER: Granting Application for Special Admission Pro Hac Vice of Rebecca M. Cassler for Asylum Seeker Advocacy Project, Catholic Legal Immigration Network, Inc., Innovation Law Lab, Las Americas Immigrant Advocacy Center, Santa Fe Dreamers Project, Southern Poverty Law Center. Signed on 12/18/2019 by Magistrate Judge Stacie F. Beckerman. (jn) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
9

Notification of CM/ECF Account for Rebecca M. Cassler (Pro Hac Vice admission). Your login is: rmcassler. Go to the CM/ECF login page to set your password. (jn) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
10

ORDER: Granting Application for Special Admission Pro Hac Vice of Melissa Crow for Asylum Seeker Advocacy Project, Catholic Legal Immigration Network, Inc., Innovation Law Lab, Las Americas Immigrant Advocacy Center, Santa Fe Dreamers Project, Southern Poverty Law Center. Signed on 12/18/2019 by Magistrate Judge Stacie F. Beckerman. (jn) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
11

Notification of CM/ECF Account for Melissa Crow (Pro Hac Vice admission). Your login is: mcrow. Go to the CM/ECF login page to set your password. (jn) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
12

ORDER: Granting Application for Special Admission Pro Hac Vice of Christopher G. Parker for Asylum Seeker Advocacy Project, Catholic Legal Immigration Network, Inc., Innovation Law Lab, Las Americas Immigrant Advocacy Center, Santa Fe Dreamers Project, Southern Poverty Law Center. Signed on 12/18/2019 by Magistrate Judge Stacie F. Beckerman. (jn) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
13

Notification of CM/ECF Account for Christopher G. Parker (Pro Hac Vice admission). Your login is: cgparker. Go to the CM/ECF login page to set your password. (jn) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
14

ORDER: Granting Application for Special Admission Pro Hac Vice of Gracie H. Willis for Asylum Seeker Advocacy Project, Catholic Legal Immigration Network, Inc., Innovation Law Lab, Las Americas Immigrant Advocacy Center, Santa Fe Dreamers Project, Southern Poverty Law Center. Signed on 12/18/2019 by Magistrate Judge Stacie F. Beckerman. (jn) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
15

Notification of CM/ECF Account for Gracie H. Willis (Pro Hac Vice admission). Your login is: ghwillis. Go to the CM/ECF login page to set your password. (jn) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
16

Return of Service Executed as to U.S. Department of Justice served on 1/13/2020, answer due on 3/13/2020. Service specifically made upon Local U.S. Attorney. (Stoller, Heidee) (Entered: 01/21/2020)

Jan. 21, 2020 PACER
17

Return of Service Executed as to William Barr served on 1/13/2020, answer due on 3/13/2020. Service specifically made upon Local U.S. Attorney. (Stoller, Heidee) (Entered: 01/21/2020)

Jan. 21, 2020 PACER
18

Return of Service Executed as to Executive Office for Immigration Review served on 1/13/2020, answer due on 3/13/2020. Service specifically made upon Local U.S. Attorney. (Stoller, Heidee) (Entered: 01/21/2020)

Jan. 21, 2020 PACER
19

Return of Service Executed as to James McHenry served on 1/13/2020, answer due on 3/13/2020. Service specifically made upon Local U.S. Attorney. (Stoller, Heidee) (Entered: 01/21/2020)

Jan. 21, 2020 PACER
20

Return of Service Executed as to Donald J. Trump served on 1/13/2020, answer due on 3/13/2020. Service specifically made upon Local U.S. Attorney. (Stoller, Heidee) (Entered: 01/21/2020)

Jan. 21, 2020 PACER
21

Notice of Appearance of Brian C. Ward appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Ward, Brian) (Entered: 02/21/2020)

Feb. 21, 2020 PACER
22

Unopposed Motion for Extension of Time to Answer Complaint,, 1 . Filed by All Defendants. (Ward, Brian) (Entered: 03/06/2020)

March 6, 2020 PACER

Order on Motion for Extension of Time to Answer a Complaint/Petition

March 6, 2020 PACER
23

ORDER: Granting Defendants' Unopposed Motion for Extension of Time (ECF No. 22 ). Answer or other responsive pleading is due by 3/20/2020. Ordered on 3/6/2020 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 03/06/2020)

March 6, 2020 PACER
24

Motion to Dismiss . Oral Argument requested. Filed by All Defendants. (Ward, Brian) (Entered: 03/20/2020)

March 20, 2020 RECAP
25

Notice of Attorney Withdrawal: Christopher Parker for Plaintiffs Filed by All Plaintiffs. (Stoller, Heidee) (Entered: 03/24/2020)

March 24, 2020 PACER

Order on Motion for Extension of Time

March 24, 2020 PACER
26

Stipulated Motion for Extension of Time for Court to Issue a Scheduling Order and Set a Briefing Schedule for Defendants' Motion to Dismiss. Filed by All Plaintiffs. (Stoller, Heidee) (Entered: 03/24/2020)

March 24, 2020 PACER
27

ORDER: Motion for Extension of Time 26 is GRANTED. Response is due by 4/24/2020. Reply is due by 5/22/2020. The Court will issue a scheduling order following a Rule 16 conference. Ordered by Magistrate Judge Stacie F. Beckerman. (dsg) Modified on 3/24/2020 to correct docket text (dsg). (Entered: 03/24/2020)

March 24, 2020 PACER
28

Emergency Motion for Temporary Restraining Order Pursuant to 28 U.S.C. § 1651(a). Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Stoller, Heidee) (Entered: 03/27/2020)

March 27, 2020 PACER
29

Declaration of Linda Corchado in Support of Emergency Motion for Temporary Restraining Order Pursuant to 28 U.S.C. § 1651(a). Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 28 .) (Stoller, Heidee) (Entered: 03/27/2020)

March 27, 2020 PACER
30

Declaration of Nadia Dahab in Support of Emergency Motion for Temporary Restraining Order Pursuant to 28 U.S.C. § 1651(a). Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 28 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (Stoller, Heidee) (Entered: 03/27/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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March 27, 2020 PACER
31

Declaration of Allegra Love in Support of Emergency Motion for Temporary Restraining Order Pursuant to 28 U.S.C. § 1651(a). Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 28 .) (Attachments: # 1 Exhibit A) (Stoller, Heidee) (Entered: 03/27/2020)

1 Exhibit A

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March 27, 2020 PACER
32

Declaration of Michelle Mendez in Support of Emergency Motion for Temporary Restraining Order Pursuant to 28 U.S.C. § 1651(a). Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 28 .) (Stoller, Heidee) (Entered: 03/27/2020)

March 27, 2020 PACER
33

Declaration of Ariel Prado in Support of Emergency Motion for Temporary Restraining Order Pursuant to 28 U.S.C. § 1651(a). Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 28 .) (Stoller, Heidee) (Entered: 03/27/2020)

March 27, 2020 PACER
34

Declaration of Swapna Reddy in Support of Emergency Motion for Temporary Restraining Order Pursuant to 28 U.S.C. § 1651(a). Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 28 .) (Stoller, Heidee) (Entered: 03/27/2020)

March 27, 2020 PACER
35

Declaration of Laura G. Rivera in Support of Emergency Motion for Temporary Restraining Order Pursuant to 28 U.S.C. § 1651(a). Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 28 .) (Stoller, Heidee) (Entered: 03/27/2020)

March 27, 2020 PACER
36

Declaration of Joshua M. Sharfstein in Support of Emergency Motion for Temporary Restraining Order Pursuant to 28 U.S.C. § 1651(a). Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 28 .) (Stoller, Heidee) (Entered: 03/27/2020)

March 27, 2020 PACER
37

Declaration of Kate Voigt in Support of Emergency Motion for Temporary Restraining Order Pursuant to 28 U.S.C. § 1651(a). Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 28 .) (Stoller, Heidee) (Entered: 03/27/2020)

March 27, 2020 PACER
38

Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Stacie F. Beckerman to Judge Karin J. Immergut. (eo) (Entered: 03/27/2020)

March 27, 2020 PACER
39

Scheduling Order by Judge Karin J. Immergut regarding Emergency Motion for Temporary Restraining Order 28 . This Court has received Plaintiffs' Motion for Temporary Restraining Order 28 filed today at 3:13PM. Defendants have requested until March 31, 2020 to respond. This Court GRANTS Defendants' request and orders Defendants to file a Response to Plaintiffs' TRO by 3:00PM (Pacific) on March 31, 2020. A telephonic hearing will be held to consider Plaintiffs' Motion on April 1, 2020 at 12 noon (Pacific). Ordered by Judge Karin J. Immergut. (jy) (Entered: 03/27/2020)

March 27, 2020 PACER

1 - Scheduling

March 28, 2020 PACER
40

Motion to Appear as Amicus Curiae . Oral Argument requested. Filed by Former Immigration Judges. (Dubanevich, Keith) (Entered: 03/30/2020)

March 30, 2020 PACER
41

Brief of Amici Curiae. Filed by Former Immigration Judges. (Related document(s): Motion to appear as amicus curiae 40 .) (Dubanevich, Keith) (Entered: 03/30/2020)

March 30, 2020 PACER
42

Notice of Appearance of Erez Reuveni appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Reuveni, Erez) (Entered: 03/31/2020)

March 31, 2020 PACER

Order on Motion to Appear as Amicus Curiae

March 31, 2020 PACER
43

Supplement to Local Rule 7-1 Certification. Filed by Former Immigration Judges. (Related document(s): Motion to appear as amicus curiae 40 .) (Dubanevich, Keith) (Entered: 03/31/2020)

March 31, 2020 PACER
44

ORDER Granting Motion to Appear as Amicus Curiae 40 . Ordered by Judge Karin J. Immergut. (jy) (Entered: 03/31/2020)

March 31, 2020 PACER
45

Response in Opposition to Emergency Motion for Temporary Restraining Order Pursuant to 28 U.S.C. § 1651(a) 28 . Filed by All Defendants. (Attachments: # 1 Exhibit 1) (Ward, Brian) (Entered: 03/31/2020)

1 Exhibit 1

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March 31, 2020 PACER
46

Amended Declaration of Kate Voigt in Support of Emergency Motion for Temporary Restraining Order Pursuant to 28 U.S.C. § 1651(a). Filed by All Plaintiffs. (Related document(s): Declaration 37, Motion for Temporary Restraining Order 28 .) (Stoller, Heidee) (Entered: 03/31/2020)

March 31, 2020 RECAP
47

Supplemental Brief in Support of Emergency Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 28 .) (Stoller, Heidee) (Entered: 04/01/2020)

April 1, 2020 PACER

Motion Hearing Held

April 1, 2020 PACER

Order on Motion for Temporary Restraining Order

April 1, 2020 PACER
48

Supplemental Declaration of Nadia Dahab in Support of Supplemental Brief in Support of Emergency Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Brief 47 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Stoller, Heidee) (Entered: 04/01/2020)

1 Exhibit A

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2 Exhibit B

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April 1, 2020 PACER
49

Supplement Titled as "Corrections to Brief of Amici Former Federal Immigration Judges and Members of Board of Immigration Appeals in Support of Plaintiffs Motion for an Emergency Order". Filed by Former Immigration Judges. (Related document(s): Brief 41 .) (Berne, Gary) (Entered: 04/01/2020)

April 1, 2020 PACER
50

MINUTES of Proceedings: Telephonic Motion Hearing Held regarding Plaintiffs' Motion for Temporary Restraining Order 28 . The Court DENIES the Motion for Temporary Restraining Order. Written order to follow. Gracie H. Willis, Heidee Stoller, Jordan Cunnings, Nadia H. Dahab, Nathan R. Morales, Stephen W. Manning, Tess Hellgren, Melissa Crow, Rebecca M. Cassler, and Bryan D. Beel present as counsel for plaintiff(s). Brian C. Ward and Erez Reuveni present as counsel for defendant(s). Gary M. Berne - Amicus.(Court Reporter Jill Jessup.)Judge Karin J. Immergut presiding. (jy) (Entered: 04/01/2020)

April 1, 2020 PACER
51

Transcript Designation and Order Form for the hearing held on 4/1/2020 before Judge Immergut. Court Reporter: Jill Jessup. . Filed by All Defendants. (Ward, Brian) (Entered: 04/02/2020)

April 2, 2020 PACER
52

ORDER: Plaintiffs' Emergency Motion for Temporary Restraining Order 28 is DENIED. See attached order for details. Signed on 4/2/20 by Judge Karin J. Immergut. (jy) (Entered: 04/02/2020)

April 2, 2020 RECAP
53

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Motion Hearing held on April 1, 2020, before Judge Karin J. Immergut, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 4/21/2020. Redaction Request due 5/5/2020. Redacted Transcript Deadline set for 5/15/2020. Release of Transcript Restriction set for 7/13/2020. (jjcr) (Entered: 04/14/2020)

April 14, 2020 PACER
54

Notice of Appearance of Thomas R. Johnson appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs. (Johnson, Thomas) (Entered: 04/21/2020)

April 21, 2020 PACER
55

Unopposed Motion to File Excess Pages Plaintiff's Unopposed Motion for Leave to File Brief in Excess of Page Limit re Motion to Dismiss 24 . Filed by All Plaintiffs. (Stoller, Heidee) (Entered: 04/21/2020)

April 21, 2020 PACER
56

ORDER: Granting Motion to File Excess Pages 55 . Ordered by Judge Karin J. Immergut. (jy) (Entered: 04/22/2020)

April 22, 2020 PACER

Order on Motion to File Excess Pages

April 22, 2020 PACER
57

Response in Opposition to Defendants' Motion to Dismiss to Motion to Dismiss 24 Oral Argument requested. Filed by All Plaintiffs. (Johnson, Thomas) (Entered: 04/24/2020)

April 24, 2020 PACER
58

Stipulated Motion for Extension of Time to File a Response/Reply to Motion to Dismiss 24 . Filed by All Defendants. (Ward, Brian) (Entered: 05/07/2020)

May 7, 2020 PACER
59

ORDER: Defendants' Stipulated Motion for Extension of Time to File a Reply to Motion to Dismiss 28 is GRANTED. The deadline for Defendants to file reply briefing is extended from May 22, 2020 until May 29, 2020. Ordered by Judge Karin J. Immergut. (jy) (Entered: 05/08/2020)

May 8, 2020 PACER

Order on Motion for Extension of Time to File Response/Reply to Motion

May 8, 2020 PACER
60

Notice of Appearance of Keil M. Mueller appearing on behalf of Former Immigration Judges Filed by on behalf of Former Immigration Judges. (Mueller, Keil) (Entered: 05/08/2020)

May 8, 2020 PACER
61

Unopposed Motion to Appear as Amicus Curiae . Oral Argument requested. Filed by Former Immigration Judges. (Mueller, Keil) (Entered: 05/08/2020)

May 8, 2020 PACER
62

Brief of Amici Curiae. Filed by Former Immigration Judges. (Related document(s): Motion to appear as amicus curiae 61 .) (Mueller, Keil) (Entered: 05/08/2020)

May 8, 2020 PACER
63

ORDER: Granting Motion to Appear as Amicus Curiae 61 . Ordered by Judge Karin J. Immergut. (jy) (Entered: 05/14/2020)

May 14, 2020 PACER

Order on Motion to Appear as Amicus Curiae

May 14, 2020 PACER
64

Joint Motion for Extension of Discovery & PTO Deadlines . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 05/18/2020)

May 18, 2020 PACER
65

ORDER: This Court Grants the Joint Motion 64 to Stay the Remaining Deadlines in the Discovery and Pretrial Scheduling Order Pursuant to Fed.R.Civ.P. 16(b)(4) and LR 16-3(a). This Court hereby stays the remaining deadlines in the Discovery and Pretrial Scheduling Order (ECF 6 ), and requires the parties to confer on a revised proposed schedule for the remaining deadlines after this Court issues its decision on Defendants' Motion to Dismiss (ECF 24 ) and submit within 45 days of that decision a proposed pretrial schedule. Ordered by Judge Karin J. Immergut. (jy) (Entered: 05/19/2020)

May 19, 2020 PACER

Order on Motion for Extension of Discovery & PTO Deadlines

May 19, 2020 PACER
66

Unopposed Motion to Appear as Amicus Curiae. Filed by Professors of Immigration Law, Civil Procedure and Administrative Law. (Hoesly, Cody) (Entered: 05/22/2020)

May 22, 2020 PACER
67

Brief of Amicus Curiae. Filed by Professors of Immigration Law, Civil Procedure and Administrative Law. (Related document(s): Motion - Miscellaneous 66 .) (Hoesly, Cody) (Entered: 05/22/2020)

May 22, 2020 PACER
68

Reply to Motion to Dismiss 24 Oral Argument requested. Filed by All Defendants. (Ward, Brian) (Entered: 05/29/2020)

May 29, 2020 PACER
69

ORDER: Granting Motion to Appear as Amicus Curiae 66 . Ordered by Judge Karin J. Immergut. (jy) (Entered: 06/04/2020)

June 4, 2020 PACER

Order on Motion

June 4, 2020 PACER
70

Scheduling Order by Judge Karin J. Immergut. The court ORDERS Plaintiffs to file a supplemental sur-reply, due 6/25/20. The brief must be no more than 7 pages, and it must address only Defendants' argument relating to 8 U.S.C. 1252(f)(1) and Padilla v. ICE, located at p. 22 of Defendants' Reply Brief 68 . Ordered by Judge Karin J. Immergut. (jy) (Entered: 06/18/2020)

June 18, 2020 PACER

1 - Scheduling

June 18, 2020 PACER
71

Scheduling Order by Judge Karin J. Immergut regarding Motion to Dismiss 24 . Oral Argument is set for 7/14/2020 at 10:00AM in Portland by telephone before Judge Karin J. Immergut. Ordered by Judge Karin J. Immergut. (jy) (Entered: 06/25/2020)

June 25, 2020 PACER
72

Supplemental Sur-Reply in Opposition to Motion to Dismiss 24 . Filed by Asylum Seeker Advocacy Project, Catholic Legal Immigration Network, Inc., Innovation Law Lab, Las Americas Immigrant Advocacy Center, Santa Fe Dreamers Project, Southern Poverty Law Center. (Johnson, Thomas) (Entered: 06/25/2020)

June 25, 2020 PACER
73

Notice of Additional Authority Filed by Asylum Seeker Advocacy Project, Catholic Legal Immigration Network, Inc., Innovation Law Lab, Las Americas Immigrant Advocacy Center, Santa Fe Dreamers Project, Southern Poverty Law Center. (Johnson, Thomas) (Entered: 06/25/2020)

June 25, 2020 PACER

1 - Scheduling

June 25, 2020 PACER
74

Notice of Additional Authority Filed by All Defendants. (Ward, Brian) (Entered: 07/09/2020)

July 9, 2020 PACER
75

Notice re Notice, 73, Defendants' Response Filed by All Defendants. (Related document(s): Notice, 73 .) (Ward, Brian) (Entered: 07/09/2020)

July 9, 2020 PACER
76

Notice of Additional Authorities Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 07/11/2020)

July 11, 2020 PACER
77

Response to Notice of Additional Authorities. Filed by All Defendants. (Related document(s): Notice 76 .) (Ward, Brian) (Entered: 07/13/2020)

July 13, 2020 PACER
78

MINUTES of Proceedings: Motion Hearing Held regarding Motion to Dismiss 24 . The Court takes the motion under advisement. Melissa Crow, Tess Hellgren, Gracie H. Willis, Joran Cunnings, Nadia H. Dahab, Stephen W. Manning, and Bryan D. Beel present as counsel for plaintiff(s). Brian C. Ward and Erez Reuveni present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Karin J. Immergut presiding. (Related document(s): Motion to Dismiss 24 .) (jy) (Entered: 07/15/2020)

July 14, 2020 PACER

Motion Hearing Held

July 15, 2020 PACER
79

Opinion and Order. Defendants' Motion to Dismiss 24 is GRANTED in part andDENIED in part. Plaintiffs' claims that seek enjoinder of "asylum-free zones"i.e. immigration courts with unusually high rates of denials for asylum applicationsare DISMISSED on the grounds that this Court does not have jurisdiction to hear them, and Defendants' motion is GRANTED with respect to those claims. Defendants' motion is DENIED with respect to all of Plaintiffs' remaining claims. IT IS SO ORDERED. See attached order for further details. Signed on 7/31/20 by Judge Karin J. Immergut. (jy) (Entered: 07/31/2020)

July 31, 2020 RECAP
80

Notice of Appearance of Alletta S. Brenner appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs. (Brenner, Alletta) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
81

Unopposed Motion for Extension of Time to Answer Complaint,, 1 . Filed by All Defendants. (Ward, Brian) (Entered: 08/14/2020)

Aug. 14, 2020 PACER
82

ORDER - Defendants' Unopposed Motion for Extension of Time to Answer Complaint 81 is GRANTED. The deadline for Defendants to Answer Complaint is Extended until 9/14/2020. Ordered by Judge Karin J. Immergut (mja) (Entered: 08/18/2020)

Aug. 18, 2020 PACER

Order on Motion for Extension of Time to Answer a Complaint/Petition

Aug. 18, 2020 PACER
83

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Video Conference Oral Argument held on July 14, 2020, before Judge Karin J. Immergut, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 9/8/2020. Redaction Request due 9/21/2020. Redacted Transcript Deadline set for 10/1/2020. Release of Transcript Restriction set for 11/30/2020. (jjcr) (Entered: 08/31/2020)

Aug. 31, 2020 PACER
84

Motion for Reconsideration of Opinion and Order,, 79 . Oral Argument requested. Filed by All Defendants. (Ward, Brian) (Entered: 09/04/2020)

Sept. 4, 2020 RECAP
85

Unopposed Motion for Extension of Time to Answer . Filed by All Defendants. (Ward, Brian) (Entered: 09/14/2020)

Sept. 14, 2020 PACER

State / Territory: Oregon

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Dec. 18, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Six immigration legal service providers

Plaintiff Type(s):

Non-profit NON-religious organization

Non-profit religious organization

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Asylum - criteria

Asylum - procedure