Case: National Immigration Project of the National Lawyers Guild v. Executive Office of Immigration Review

1:20-cv-00852 | U.S. District Court for the District of Columbia

Filed Date: March 30, 2020

Closed Date: June 2, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: Five particularly vulnerable immigration detainees and organizations comprised of immigration attorneys filed this complaint on March 30, 2020, challenging EOIR and ICE's failure to implement a uniform policy suspending in-person immigration court appearances and providing for remote communication alternatives. Their emergency motion for a temporary restraining order, seeking the suspension of in-person hearings and the implementation of procedures for remote communications, w…

COVID-19 Summary: Five particularly vulnerable immigration detainees and organizations comprised of immigration attorneys filed this complaint on March 30, 2020, challenging EOIR and ICE's failure to implement a uniform policy suspending in-person immigration court appearances and providing for remote communication alternatives. Their emergency motion for a temporary restraining order, seeking the suspension of in-person hearings and the implementation of procedures for remote communications, was denied in late April. On June 2, the plaintiffs voluntarily dismissed the case.


On March 30, 2020, individuals detained in ICE facilities and several organizations whose members include attorneys representing current and prospective clients detained in U.S. Immigration and Customs Enforcement (ICE) facilities filed this complaint in the United States District Court for the District of Columbia. The plaintiffs sued the Executive Office of Immigration Review (EOIR), ICE, and the directors of those agencies in their official capacities. The plaintiffs claimed that in failing to "put in place a uniform policy suspending in-person appearances and enacting protective measures for detained noncitizens who wish to proceed with their immigration hearings," the defendants violated the Immigration and Nationality Act (“INA”), the Administrative Procedures Act (“APA”), the First Amendment, and the Due Process Clause of the Fifth Amendment. They sought injunctive relief ordering the defendants "to suspend in-person immigration hearings for detained individuals and to provide robust remote access alternatives for detained individuals who wish to proceed with their hearings" during the COVID-19 pandemic and to "guarantee secure and reliable remote communication between noncitizens in detention and their legal representatives." The plaintiffs also sought attorneys' fees and costs, personal protective equipment should it be necessary, and, in the alternative, "injunctive relief ordering temporary release for detained immigrants who have inadequate access to alternative means of remote communication with legal representatives or the immigration court." The case was assigned to Judge Carl J. Nichols.

This case was filed in response to the COVID-19 pandemic and the potential for in-person court appearances as a risk factor for further outbreak of the disease. States and countries around the world had taken unprecedented measures to control the spread of the disease (for which there is no vaccine, known treatment, or cure) including shutting down nonessential businesses, restricting public gatherings, and imposing “shelter-in-place” orders. The Centers for Disease Control and Prevention (CDC) warned that courthouses, because of the level of interaction with people and objects that in-person court appearances require, are especially susceptible to the spread of the virus. The CDC recommended social distancing measures and specifically urged “alternatives to in-person court appearances, such as virtual court, as a social distancing measure to reduce the risk of COVID-19 transmission.” As such, federal courts and the Bureau of Prisons have taken measures to implement uniform policies to minimize the health risk. Yet, the plaintiffs asserted that EOIR has not taken the same uniform protective measures and most immigration courts remain open for business, putting the health and safety of attorneys and clients at risk. Moreover, plaintiffs contended that the defendants were still holding in-person immigration hearings, despite the availability of telephonic and video teleconferencing capabilities, and continued to require paper filings to made at physical court locations. Lastly, the plaintiffs' contended that the lack of a uniform policy and unavailability of remote access have made "effective representation by counsel extremely challenging."

The plaintiffs claimed that the defendants' failure to issue and implement uniform, reasonable policies were arbitrary and capricious and interfered with the detained plaintiffs' right to counsel, in violation of the APA and INA. Furthermore, the detained plaintiffs claimed that the defendants' policies deprived noncitizens of their ability to retain counsel and to receive their counsel's legal advice, in violation of the First and Fifth Amendment. The organizational plaintiffs claimed that defendants' policies restricted their ability to communicate with and advise their clients and risked the safety and health of their members, in violation of the First and Fifth Amendments. Lastly, the detained plaintiffs claimed that the defendants' practice of continuing to hold in-person proceedings subjected them to "an unreasonable risk of serious harm and punitive conditions, in violation of their rights under the Due Process Clause."

On April 8, the plaintiffs filed an Emergency Motion for Temporary Restraining Order (TRO) and Request for Hearing, seeking an order that defendants "suspend in-person hearings during the health emergency and require EOIR and ICE to adopt policies and procedures to enable the conduct of remote hearings consistent with Plaintiffs’ constitutional and statutory rights." The plaintiffs argued that they are likely to succeed on the merits of their statutory and constitutional claims, that they are likely to suffer irreparable harm in the absence of a TRO, and that the public interest weighs heavily in favor of a TRO. Defendants asserted that the court does not have jurisdiction to grant this motion. Moreover, defendants argued that plaintiffs cannot succeed on the merits of their APA claim or their right-to-counsel and procedural-due-process claims. Finally, defendants contended that plaintiffs' "speculative claims of future injury do not outweigh the public interest in retaining EOIR's and ICE's flexibility to respond to changing circumstances."

After a hearing on the emergency motion for TRO, Judge Nichols issued a minute order on April 15 requiring that "in the event that Defendants issue any further guidance or otherwise make policy changes relevant to this case, then Defendants shall provide the Court with immediate notice." The order also required that, "in the event that any of the individual Plaintiffs' upcoming hearings are continued, rescheduled, or otherwise changed, then the Party who learns of the change first shall provide the Court with immediate notice."

On April 28, following supplemental briefing and an amicus brief from the National Association of Immigration Judges, Judge Nichols issued a memorandum and order denying the plaintiffs' emergency motion for TRO. First, Judge Nichols concluded that plaintiffs failed to establish that the court has jurisdiction over their claims. Judge Nichols further stated that even if the court had jurisdiction, "Plaintiffs are unlikely to succeed on the merits. Plaintiffs have not pointed to EOIR and ICE actions that are reviewable under the APA, and, perhaps most important, they also have not demonstrated that EOIR’s and ICE’s actions are arbitrary and capricious given the rapidly changing situation relating to the COVID-19 pandemic." Judge Nichols also found that "Plaintiffs have not established that they are 'certain' to suffer an 'imminent' injury, especially when weighed against their chances of prevailing on the merits." Finally, Judge Nichols held that the balance of equities and public interest did not tip in favor of preliminary injunctive relief, as the court was"not certainly not well-positioned to second-guess those health and safety determinations" made by defendants. 2020 WL 2026971.

On June 2, the plaintiffs voluntarily dismissed the case.

Summary Authors

Aaron Gurley (6/20/2020)

Chandler Hart-McGonigle (10/29/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17025991/parties/national-immigration-project-of-the-national-lawyers-guild-v-executive/


Judge(s)

Nichols, Carl John (District of Columbia)

Attorneys(s) for Plaintiff

Alrabe, Khaled (Massachusetts)

Bennett, Elsbeth (District of Columbia)

Bensman, Lina (New York)

Park, Jennifer Kennedy (New York)

Qureshi, Amber (District of Columbia)

Shebaya, Sirine (District of Columbia)

Slater, Matthew D. (District of Columbia)

Velez, Cristina (District of Columbia)

Attorneys(s) for Defendant

Bateman, William III (District of Columbia)

Judge(s)

Nichols, Carl John (District of Columbia)

Attorneys(s) for Plaintiff

Alrabe, Khaled (Massachusetts)

Bennett, Elsbeth (District of Columbia)

Bensman, Lina (New York)

Park, Jennifer Kennedy (New York)

Qureshi, Amber (District of Columbia)

Shebaya, Sirine (District of Columbia)

Slater, Matthew D. (District of Columbia)

Velez, Cristina (District of Columbia)

Attorneys(s) for Defendant

Bateman, William III (District of Columbia)

Halaska, Alexander James (District of Columbia)

Reuveni, Erez (District of Columbia)

Ward, Brian Christopher (District of Columbia)

Other Attorney(s)

Freedman, John A. (District of Columbia)

Mitchell, Joshua (District of Columbia)

Parrish, Ashley C. (District of Columbia)

Expert/Monitor/Master

Beckett, Eduardo (Texas)

Edstrom, Michelle L (Oklahoma)

Greenstein, Ilana Etkin (Massachusetts)

Hartnett, Matthew J (Pennsylvania)

Lopez, Homero Jr. (Louisiana)

Semino, Veronica (North Carolina)

Stump, Kelli (Oklahoma)

Sud-Devaraj, Monika (Arizona)

Tolchin, Stacy Eva (California)

Tolchin [inactive], Stacy (California)

Voigt, Kate (District of Columbia)

Documents in the Clearinghouse

Document

1:20-cv-00852

Docket [PACER]

June 2, 2020

June 2, 2020

Docket
1

1:20-cv-00852

Complaint

March 30, 2020

March 30, 2020

Complaint
7

1:20-cv-00852

Emergency Motion for Temporary Restraining Order and Request for Hearing and Plaintiffs' Memorandum of Law in Support

April 8, 2020

April 8, 2020

Pleading / Motion / Brief
19 (& 19-1 to 19-7)

1:20-cv-00852

Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Temporary Restraining Order

April 13, 2020

April 13, 2020

Pleading / Motion / Brief
29-1 to 29-13

1:20-cv-00852

Plaintiffs' Supplemental Brief in Support of Emergency Motion for Temporary Restraining Order

April 20, 2020

April 20, 2020

Pleading / Motion / Brief
29 (& 29-1 to 29-14)

1:20-cv-00852

Motion for Leave to File Plaintiffs' Supplemental Brief in Support of Emergency Motion for Temporary Restraining Order

April 20, 2020

April 20, 2020

Pleading / Motion / Brief
34

1:20-cv-00852

Brief of the National Association of Immigration Judges as Amicus Curiae in Support of Neither Party

April 23, 2020

April 23, 2020

Pleading / Motion / Brief
37

1:20-cv-00852

Memorandum Opinion

456 F.Supp.3d 16, 2020 WL 2026971

April 28, 2020

April 28, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17025991/national-immigration-project-of-the-national-lawyers-guild-v-executive/

Last updated June 8, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive and Declaratory Relief against All Defendants ( Filing fee $ 400 receipt number ADCDC-6971307) filed by ARLETY ALIAGA-COBAS, IMMIGRATION JUSTICE CAMPAIGN, REYNALDO GUERRERO-CORNEJO, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, ROBERTO FAUSTO VELASQUE QUIALA, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, ENRIQUE NAPOLES VAILLANT, ERNESTO RODRIGUEZ CEDENO. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Shebaya, Sirine) (Entered: 03/30/2020)

1 Civil Cover Sheet

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2 Summons

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March 30, 2020

March 30, 2020

RECAP

Case Assigned to Judge Carl J. Nichols. (adh, )

March 31, 2020

March 31, 2020

PACER

Case Assigned/Reassigned

March 31, 2020

March 31, 2020

PACER
2

SUMMONS (3) Issued Electronically as to MATTHEW T. ALBENCE, EXECUTIVE OFFICE OF IMMIGRATION REVIEW, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
3

STANDING ORDER. Signed by Judge Carl J. Nichols on March 31, 2020. (lccjn1) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
4

REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by ARLETY ALIAGA-COBAS, IMMIGRATION JUSTICE CAMPAIGN, REYNALDO GUERRERO-CORNEJO, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, ROBERTO FAUSTO VELASQUE QUIALA, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, ENRIQUE NAPOLES VAILLANT, ERNESTO RODRIGUEZ CEDENO. Related document: 1 Complaint, filed by ARLETY ALIAGA-COBAS, IMMIGRATION JUSTICE CAMPAIGN, ENRIQUE NAPOLES VAILLANT, REYNALDO GUERRERO-CORNEJO, ERNESTO RODRIGUEZ CEDENO, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, ROBERTO FAUSTO VELASQUE QUIALA.(Shebaya, Sirine) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
5

SUMMONS (1) Issued Electronically as to JAMES MCHENRY. (eg) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
6

NOTICE of Appearance by Matthew David Slater on behalf of All Plaintiffs (Slater, Matthew) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER

.Order

April 8, 2020

April 8, 2020

PACER
7

Emergency MOTION for Temporary Restraining Order, MOTION for Hearing by ARLETY ALIAGA-COBAS, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, ERNESTO RODRIGUEZ CEDENO, REYNALDO GUERRERO-CORNEJO, IMMIGRATION JUSTICE CAMPAIGN, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, ROBERTO FAUSTO VELASQUE QUIALA, ENRIQUE NAPOLES VAILLANT (Attachments: # 1 Declaration of Matthew D. Slater, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Text of Proposed Scheduling Order, # 37 Text of Proposed Order)(Slater, Matthew) (Entered: 04/08/2020)

1 Declaration of Matthew D. Slater

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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34 Exhibit 33

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35 Exhibit 34

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36 Text of Proposed Scheduling Order

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37 Text of Proposed Order

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April 8, 2020

April 8, 2020

RECAP
8

NOTICE of Appearance by Brian Christopher Ward on behalf of All Defendants (Ward, Brian) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
9

NOTICE of Appearance by Alexander James Halaska on behalf of All Defendants (Halaska, Alexander) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER

MINUTE ORDER. In light of Plaintiffs' 7 Emergency Motion for Temporary Restraining Order and Request for Hearing, it is hereby ORDERED that (1) on or before April 13, 2020, Defendants shall file their Opposition to Plaintiffs' 7 Emergency Motion; and (2) on or before April 14, 2020, Plaintiffs shall file their Reply in support of their 7 Emergency Motion. It is further ORDERED that a hearing on the Motion is scheduled for April 15, 2020, at 2 PM. The Courtroom Deputy will supply further information about the logistics for the April 15 hearing. It is so ORDERED. Signed by Judge Carl J. Nichols on April 8, 2020. (lccjn1)

April 8, 2020

April 8, 2020

PACER
10

NOTICE of Appearance by William Bateman, III on behalf of All Defendants (Bateman, William) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER

Set/Reset Deadlines/Hearings: Defendant's response due by 4/13/2020. Plaintiff's reply due by 4/14/2020. Motion Hearing set for 4/15/2020 at 2:00 PM before Judge Carl J. Nichols. (zcdw)

April 8, 2020

April 8, 2020

PACER
11

Unopposed MOTION for Leave to File Amicus Brief by Former Immigration Judges (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order)(Freedman, John) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER

Set/Reset Deadlines/Hearings

April 9, 2020

April 9, 2020

PACER
12

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lina Bensman, Filing fee $ 100, receipt number ADCDC-7010226. Fee Status: Fee Paid. by ARLETY ALIAGA-COBAS, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, ERNESTO RODRIGUEZ CEDENO, REYNALDO GUERRERO-CORNEJO, IMMIGRATION JUSTICE CAMPAIGN, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, ROBERTO FAUSTO VELASQUE QUIALA, ENRIQUE NAPOLES VAILLANT (Attachments: # 1 Declaration of Lina Bensman in Support, # 2 Text of Proposed Order)(Slater, Matthew) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER

Order on Motion for Leave to File

April 10, 2020

April 10, 2020

PACER
13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jennifer Kennedy Park, Filing fee $ 100, receipt number ADCDC-7010478. Fee Status: Fee Paid. by ARLETY ALIAGA-COBAS, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, ERNESTO RODRIGUEZ CEDENO, REYNALDO GUERRERO-CORNEJO, IMMIGRATION JUSTICE CAMPAIGN, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, ROBERTO FAUSTO VELASQUE QUIALA, ENRIQUE NAPOLES VAILLANT (Attachments: # 1 Declaration of Jennifer Kennedy Park in Support, # 2 Text of Proposed Order)(Slater, Matthew) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER

MINUTE ORDER. After review of Proposed Amici's 11 Motion of Former Federal Immigration Judges and Members of Board of Immigration Appeals for Leave to File Amicus Curiae Brief in Support of Plaintiffs, it is hereby ORDERED that the Motion is GRANTED and that the submitted amicus curiae brief, ECF No. 11-1, shall be considered part of the record in this matter. Signed by Judge Carl J. Nichols on April 10, 2020. (lccjn1)

April 10, 2020

April 10, 2020

PACER
20

AMICUS BRIEF by FORMER FEDERAL IMMIGRATION JUDGES, MEMBERS OF BOARD OF IMMIGRATION APPEALS. (eg) (Entered: 04/14/2020)

April 10, 2020

April 10, 2020

RECAP
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Khaled Alrabe, Filing fee $ 100, receipt number ADCDC-7013409. Fee Status: Fee Paid. by ARLETY ALIAGA-COBAS, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, ERNESTO RODRIGUEZ CEDENO, REYNALDO GUERRERO-CORNEJO, IMMIGRATION JUSTICE CAMPAIGN, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, ROBERTO FAUSTO VELASQUE QUIALA, ENRIQUE NAPOLES VAILLANT (Attachments: # 1 Exhibit Ex 1 Declaration of Khaled Alrabe, # 2 Text of Proposed Order Ex 2 Proposed Order)(Shebaya, Sirine) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

PACER
15

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amber Qureshi, Filing fee $ 100, receipt number ADCDC-7013410. Fee Status: Fee Paid. by ARLETY ALIAGA-COBAS, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, ERNESTO RODRIGUEZ CEDENO, REYNALDO GUERRERO-CORNEJO, IMMIGRATION JUSTICE CAMPAIGN, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, ROBERTO FAUSTO VELASQUE QUIALA, ENRIQUE NAPOLES VAILLANT (Attachments: # 1 Exhibit Ex 1 - Declaration of Amber Qureshi, # 2 Text of Proposed Order Ex 2 - Proposed Order)(Shebaya, Sirine) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

PACER
16

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cristina Velez, Filing fee $ 100, receipt number ADCDC-7013411. Fee Status: Fee Paid. by ARLETY ALIAGA-COBAS, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, ERNESTO RODRIGUEZ CEDENO, REYNALDO GUERRERO-CORNEJO, IMMIGRATION JUSTICE CAMPAIGN, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, ROBERTO FAUSTO VELASQUE QUIALA, ENRIQUE NAPOLES VAILLANT (Attachments: # 1 Exhibit Ex 1 - Declaration of Cristina Velez, # 2 Text of Proposed Order Ex 2 - Proposed Order)(Shebaya, Sirine) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 13, 2020

April 13, 2020

PACER

MINUTE ORDER. After review of Plaintiffs' 12 Motion for Admission Pro Hac Vice, it is hereby ORDERED that Attorney Lina Bensman is admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Carl J. Nichols on April 13, 2020. (lccjn1)

April 13, 2020

April 13, 2020

PACER

MINUTE ORDER. After review of Plaintiffs' 13 Motion for Admission Pro Hac Vice, it is hereby ORDERED that Attorney Jennifer Kennedy Park is admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Carl J. Nichols on April 13, 2020. (lccjn1)

April 13, 2020

April 13, 2020

PACER

MINUTE ORDER. After review of Plaintiffs' 14 Motion for Leave to Appear Pro Hac Vice, it is hereby ORDERED that Attorney Khaled Alrabe is admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Carl J. Nichols on April 13, 2020. (lccjn1)

April 13, 2020

April 13, 2020

PACER

MINUTE ORDER. After review of Plaintiffs' 16 Motion for Leave to Appear Pro Hac Vice, it is hereby ORDERED that Attorney Cristina Velez is admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Carl J. Nichols on April 13, 2020. (lccjn1)

April 13, 2020

April 13, 2020

PACER
17

NOTICE of Appearance by Khaled Alrabe on behalf of All Plaintiffs (Alrabe, Khaled) (Main Document 17 replaced on 4/14/2020) (zeg). (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER

MINUTE ORDER. After review of Plaintiffs' 15 Motion for Leave to Appear Pro Hac Vice, it is hereby ORDERED that Attorney Amber Qureshi is admitted pro hac vice to appear in this matter. Counsel may not e-file via PACER pursuant to LCvR 83.2(c)(2). Signed by Judge Carl J. Nichols on April 13, 2020. (lccjn1)

April 13, 2020

April 13, 2020

PACER
18

NOTICE of Appearance by Amber Qureshi on behalf of All Plaintiffs (Qureshi, Amber) (Main Document 18 replaced on 4/14/2020) (zeg). (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
19

Memorandum in opposition to re 7 Emergency MOTION for Temporary Restraining Order MOTION for Hearing filed by MATTHEW T. ALBENCE, EXECUTIVE OFFICE OF IMMIGRATION REVIEW, IMMIGRATION AND CUSTOMS ENFORCEMENT, JAMES MCHENRY. (Attachments: # 1 Declaration of Alexander J. Halaska, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Text of Proposed Order)(Halaska, Alexander) (Entered: 04/13/2020)

1 Declaration of Alexander J. Halaska

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2 Exhibit 1

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3 Exhibit 2

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Text of Proposed Order

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April 13, 2020

April 13, 2020

RECAP
21

NOTICE of Appearance by Erez Reuveni on behalf of All Defendants (Reuveni, Erez) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
22

REPLY to opposition to motion re 7 Emergency MOTION for Temporary Restraining Order MOTION for Hearing filed by ARLETY ALIAGA-COBAS, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, ERNESTO RODRIGUEZ CEDENO, REYNALDO GUERRERO-CORNEJO, IMMIGRATION JUSTICE CAMPAIGN, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, ROBERTO FAUSTO VELASQUE QUIALA, ENRIQUE NAPOLES VAILLANT. (Attachments: # 1 Declaration of Matthew D. Slater, # 2 Exhibit 35, # 3 Exhibit 36, # 4 Exhibit 37, # 5 Exhibit 38, # 6 Exhibit 39, # 7 Exhibit 40, # 8 Exhibit 41, # 9 Exhibit 42, # 10 Exhibit 43, # 11 Exhibit 44, # 12 Exhibit 45, # 13 Exhibit 46, # 14 Exhibit 47, # 15 Exhibit 48, # 16 Exhibit 49, # 17 Exhibit 50)(Slater, Matthew) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
23

MOTION for Leave to File Excess Pages by ARLETY ALIAGA-COBAS, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, ERNESTO RODRIGUEZ CEDENO, REYNALDO GUERRERO-CORNEJO, IMMIGRATION JUSTICE CAMPAIGN, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, ROBERTO FAUSTO VELASQUE QUIALA, ENRIQUE NAPOLES VAILLANT (Attachments: # 1 Text of Proposed Order)(Slater, Matthew) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER

Order on Motion for Leave to File Excess Pages

April 15, 2020

April 15, 2020

PACER

.Order

April 15, 2020

April 15, 2020

PACER

MINUTE ORDER. After review of Plaintiffs' 23 Motion to Extend the Page Limit for Plaintiffs' Reply Brief, it is hereby ORDERED that the Motion is GRANTED. Signed by Judge Carl J. Nichols on April 15, 2020. (lccjn1)

April 15, 2020

April 15, 2020

PACER
24

NOTICE of Appearance by Polina Bensman on behalf of All Plaintiffs (Bensman, Polina) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
25

NOTICE of Appearance by Jennifer Kennedy Park on behalf of All Plaintiffs (Park, Jennifer) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER

MINUTE ORDER. As discussed in today's hearing on Plaintiffs' 7 Emergency Motion for Temporary Restraining Order, it is hereby ORDERED that (1) in the event that Defendants issue any further guidance or otherwise make policy changes relevant to this case, then Defendants shall provide the Court with immediate notice; and (2) in the event that any of the individual Plaintiffs' upcoming hearings are continued, rescheduled, or otherwise changed, then the Party who learns of the change first shall provide the Court with immediate notice. Signed by Judge Carl J. Nichols on April 15, 2020. (lccjn1)

April 15, 2020

April 15, 2020

PACER
26

REPLY to opposition to motion re 7 Emergency MOTION for Temporary Restraining Order MOTION for Hearing /Corrected Plaintiffs' Reply Memorandum of Law in Further Support of Their Emergency Motion for Temporary Restraining Order filed by ARLETY ALIAGA-COBAS, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, ERNESTO RODRIGUEZ CEDENO, REYNALDO GUERRERO-CORNEJO, IMMIGRATION JUSTICE CAMPAIGN, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, ROBERTO FAUSTO VELASQUE QUIALA, ENRIQUE NAPOLES VAILLANT. (Slater, Matthew) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER

Minute Entry for proceedings held before Judge Carl J. Nichols: Motion Hearing re 7 Emergency Motion for Temporary Restraining Order held on 4/15/2020. Motion heard and taken under advisement. (Court Reporter: Nancy Meyer) (zcdw)

April 15, 2020

April 15, 2020

PACER
27

TRANSCRIPT OF PROCEEDINGS before Judge Carl J. Nichols held on 04/15/2020. Page Numbers: 1-78. Date of Issuance: 04/16/2020. Court Reporter: Nancy J. Meyer. Telephone Number: (202) 354-3118, Tape Number: N/A. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter re ferenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have 21 days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/7/2020. Redacted Transcript Deadline set for 5/17/2020. Release of Transcript Restriction set for 7/15/2020.(Meyer, Nancy) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER

Evidentiary Hearing

April 17, 2020

April 17, 2020

PACER
28

NOTICE of Appearance by Cristina Velez on behalf of All Plaintiffs (Velez, Cristina) (Main Document 28 replaced on 4/20/2020) (zeg). (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
29

MOTION for Leave to File Plaintiffs' Supplemental Brief in Support of Emergency Motion for Temporary Restraining Order by ARLETY ALIAGA-COBAS, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, ERNESTO RODRIGUEZ CEDENO, REYNALDO GUERRERO-CORNEJO, IMMIGRATION JUSTICE CAMPAIGN, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, ROBERTO FAUSTO VELASQUE QUIALA, ENRIQUE NAPOLES VAILLANT (Attachments: # 1 Plaintiffs' Supplemental Brief in Support of Emergency Motion for Temporary Restraining Order, # 2 Declaration of Matthew D. Slater, # 3 Exhibit 51, # 4 Exhibit 52, # 5 Exhibit 53, # 6 Exhibit 54, # 7 Exhibit 55, # 8 Exhibit 56, # 9 Exhibit 57, # 10 Exhibit 58, # 11 Exhibit 59, # 12 Exhibit 60, # 13 Exhibit 61, # 14 Text of Proposed Order)(Slater, Matthew) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
30

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MATTHEW T. ALBENCE served on 4/3/2020; EXECUTIVE OFFICE OF IMMIGRATION REVIEW served on 4/6/2020; IMMIGRATION AND CUSTOMS ENFORCEMENT served on 4/3/2020; JAMES MCHENRY served on 4/8/2020 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Slater, Matthew) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
31

MOTION for Leave to File Amicus Curiae Brief in Support of Neither Party by NATIONAL ASSOCIATION OF IMMIGRATION JUDGES (Attachments: # 1 Amicus Curiae Brief, # 2 Text of Proposed Order)(Parrish, Ashley) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER

MINUTE ORDER. After review of Plaintiffs' 29 Motion for Leave to File Plaintiffs' Supplemental Brief in Support of Emergency Motion for Temporary Restraining Order, it is hereby ORDERED that the Motion is GRANTED and that the submitted Supplemental Brief and its accompanying exhibits shall be considered filed. It is further ORDERED that (1) on or before April 23, 2020, Defendants shall file their Opposition to Plaintiffs' Supplemental Brief; and (2) on or before April 24, 2020, Plaintiffs shall file their Reply in support of their Supplemental Brief. Signed by Judge Carl J. Nichols on April 20, 2020. (lccjn1)

April 20, 2020

April 20, 2020

PACER

Order on Motion for Leave to File

April 21, 2020

April 21, 2020

PACER

.Order

April 21, 2020

April 21, 2020

PACER

MINUTE ORDER. Yesterday, Proposed Amicus National Association of Immigration Judges's ("NAIJ") filed a Motion for Leave to File an Amicus Curiae Brief in Support of Neither Party, ECF No. 31, in which NAIJ states that Defendants oppose its 31 Motion. As a result, it is hereby ORDERED that Defendants shall file their Opposition to NAIJ's 31 Motion on or before April 22, 2020. Signed by Judge Carl J. Nichols on April 21, 2020. (lccjn1)

April 21, 2020

April 21, 2020

PACER

Set/Reset Deadlines/Hearings: Response to 31 due by 4/22/2020. (zcdw)

April 21, 2020

April 21, 2020

PACER
32

NOTICE of Appearance by Elsbeth Jane Bennett on behalf of All Plaintiffs (Bennett, Elsbeth) (Main Document 32 replaced on 4/22/2020) (zeg). (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

Set/Reset Deadlines/Hearings

April 22, 2020

April 22, 2020

PACER
33

RESPONSE re 31 MOTION for Leave to File Defendants' Position on NAIJ's Motion filed by IMMIGRATION AND CUSTOMS ENFORCEMENT, JAMES MCHENRY. (Bateman, William) Modified event title and link on 4/23/2020 (znmw). (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

Order on Motion for Leave to File

April 23, 2020

April 23, 2020

PACER

MINUTE ORDER. After review of Proposed Amicus's 31 Motion of the National Association of Immigration Judges for Leave to File an Amicus Curiae Brief in Support of Neither Party, it is hereby ORDERED that the Motion is GRANTED and that the submitted amicus curiae brief, ECF No. 31-1, shall be considered part of the record in this matter. Signed by Judge Carl J. Nichols on April 23, 2020. (lccjn1)

April 23, 2020

April 23, 2020

PACER
34

AMICUS BRIEF by NATIONAL ASSOCIATION OF IMMIGRATION JUDGES. (eg) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
35

Memorandum in opposition to re 29 MOTION for Leave to File Plaintiffs' Supplemental Brief in Support of Emergency Motion for Temporary Restraining Order filed by MATTHEW T. ALBENCE, EXECUTIVE OFFICE OF IMMIGRATION REVIEW, IMMIGRATION AND CUSTOMS ENFORCEMENT, JAMES MCHENRY. (Attachments: # 1 Declaration of Alexander J. Halaska, # 2 Exhibit 16, # 3 Exhibit 17, # 4 Exhibit 18, # 5 Exhibit 19, # 6 Exhibit 20)(Halaska, Alexander) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
36

REPLY to opposition to motion re 29 MOTION for Leave to File Plaintiffs' Supplemental Brief in Support of Emergency Motion for Temporary Restraining Order filed by ARLETY ALIAGA-COBAS, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, ERNESTO RODRIGUEZ CEDENO, REYNALDO GUERRERO-CORNEJO, IMMIGRATION JUSTICE CAMPAIGN, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, ROBERTO FAUSTO VELASQUE QUIALA, ENRIQUE NAPOLES VAILLANT. (Attachments: # 1 Declaration of Matthew D. Slater, # 2 Exhibit 62, # 3 Exhibit 63, # 4 Exhibit 64, # 5 Exhibit 65, # 6 Exhibit 66, # 7 Exhibit 67)(Slater, Matthew) (Entered: 04/25/2020)

April 24, 2020

April 24, 2020

PACER
37

MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on April 28, 2020. (lccjn1) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP
38

ORDER. Signed by Judge Carl J. Nichols on April 28, 2020. (lccjn1) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
39

NOTICE of Voluntary Dismissal by All Plaintiffs (Slater, Matthew) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: March 30, 2020

Closing Date: June 2, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Membership organizations comprised of immigration attorneys and immigrant rights advocates, and individuals detained in ICE custody

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

American Immigration Lawyers Association (AILA)

National Immigration Project of the NLG

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement, Federal

Executive Office of Immigration Review, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Availably Documents:

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Access to lawyers or judicial system

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Immigration/Border:

Constitutional rights

Detention - procedures

Immigration lawyers