Case: J.B.B.C. v. Wolf

1:20-cv-01509 | U.S. District Court for the District of Columbia

Filed Date: June 9, 2020

Closed Date: July 6, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This lawsuit was filed on behalf on an unaccompanied minor subject to deportation, alleging that the Trump administrations' system of authorizing the summary removal of persons to prevent the introduction of COVID-19 bypassed procedural protections otherwise granted to minor children. On June 24, the court granted a TRO. On June 29, the defendants notified the court that they have exempted the plaintiff from processing under Title 42. On August 6, the plaintiffs voluntarily di…

COVID-19 Summary: This lawsuit was filed on behalf on an unaccompanied minor subject to deportation, alleging that the Trump administrations' system of authorizing the summary removal of persons to prevent the introduction of COVID-19 bypassed procedural protections otherwise granted to minor children. On June 24, the court granted a TRO. On June 29, the defendants notified the court that they have exempted the plaintiff from processing under Title 42. On August 6, the plaintiffs voluntarily dismissed the case.


On June 9, 2020, a 16-year-old migrant filed this lawsuit against the U.S. Department of Homeland Security, U.S. Customs and Border Protection, CBP Office of Field Operations, U.S. Border Patrol, U.S. Immigration and Customs Enforcement, U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, and the Office of Refugee Resettlement, against the Trump administration’s system which authorizes deportation from the United States even without any signs of COVID-19. The plaintiff brought suit in the United States District Court for the District of Columbia. The plaintiff sought declaratory and injunctive relief enjoining the defendants from enforcing the order under the Administrative Procedure Act (APA), Immigration and Nationality Act (INA), Foreign Affairs Reform and Restructuring Act of 1998, the Public Health Services Act of 1944, and 28 U.S.C. §§ 2201-2202. Specifically, the plaintiff alleged that the new system for restricting immigration along the borders (collectively referred to as “Title 42 Process”) which authorizes the summary removal of unaccompanied children without any due process is an unlawful invocation of Title 42 of the U.S. Code. The plaintiff was represented by the American Civil Liberties Union Foundation Immigrants Rights Project, ACLU District of Columbia, ACLU Texas, Oxfam America, and the Center for Gender & Refugee Studies. The case was assigned to Judge Carl K. Nichols.

On May 19, the Centers for Disease Control and Prevention (CDC) issued an order suspending “the introduction into the United States of persons from designated foreign countries or places” to prevent the introduction of COVID-19 under 42 U.S.C. § 265 (Title 42). The CDC interpreted the authority expansively to cover not only those entering the U.S but also those who have already crossed the border. The Title 42 Process was amended on May 20 to take effect indefinitely until the CDC determined it was no longer necessary.

The plaintiff, an unaccompanied minor, fled persecution from Honduras and was apprehended by CBP upon entry. Under the Title 42 Process, he was subject to summary expulsion and was scheduled to be deported to Honduras on June 10. The plaintiff alleged that the Title 42 Process bypassed statutory and procedural protections otherwise granted to unaccompanied minor children. While the Immigration and Nationality Act (INA) already authorized the rapid removal of noncitizens who entered the U.S. illegally, unaccompanied children were not subject to expedited removal unlike the May 19 order which did not exempt minors. Prior to implementation of the Title 42 Process, the plaintiff would have been entitled to a full hearing and appeals process to determine his right to remain in the U.S. The plaintiff also alleged that while the Title 42 Process authorized the defendant for testing and quarantine as a health directive, the expulsion of children seeking protection from persecution violated the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

The plaintiff also filed an emergency motion for a temporary restraining order (TRO) staying his expulsion scheduled for June 10, pending the hearing on the authority of Title 42. The plaintiff also sought an order staying his expulsion under the protection of the INA and the Trafficking Victims Protection Reauthorization Act.

The same day the complaint was filed, the parties agreed that the government will not move the plaintiff until June 10. On June 10, a hearing was held regarding the TRO. On June 15, an amicus brief was submitted by the International Refugee Assistance Project in support of the plaintiff’s emergency TRO motion. On June 17, the defendants submitted an opposition to the TRO, contending that public health concerns justified the CDC order. The following day, the Scholars or Refugee and Immigration Law sought to submit an amicus brief in support of the plaintiff.

On June 24, the TRO was granted pending the plaintiff’s motion for a preliminary injunction.

On June 29, the defendants notified the court that they had transferred the custody of the plaintiff to the Office of Refugee Resettlement (ORR), Department of Health and Human Services, for immigration processing under Title 8 of the U.S. Code, which exempted the plaintiff from processing under Title 42. The defendants argued that since the plaintiff would no longer be subject to the challenged CDC Order, the case was moot.

On July 2, the plaintiffs filed an amended complaint, adding another minor child as an additional plaintiff. The defendants filed a motion to dismiss on July 23, arguing lack of jurisdiction. They argued that the case is moot, since both plaintiffs are now excepted from the order, and therefore, there is no actual ongoing controversy.

On August 6, the plaintiffs voluntarily dismissed the case.

Summary Authors

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/17236799/parties/j-b-b-c-v-wolf/


Judge(s)

Nichols, Carl John (District of Columbia)

Attorneys(s) for Plaintiff

Bookey, Blaine (California)

Crook, Jamie Lorraine (California)

Drake, Brantley Shaw (New York)

Galindo, Daniel Antonio (New York)

Garza, Rochelle M (Texas)

Gelernt, Lee (New York)

Harrold, Adrienne (California)

Huddleston, Kathryn (Texas)

Kang, Stephen B. (California)

Judge(s)

Nichols, Carl John (District of Columbia)

Attorneys(s) for Plaintiff

Bookey, Blaine (California)

Crook, Jamie Lorraine (California)

Drake, Brantley Shaw (New York)

Galindo, Daniel Antonio (New York)

Garza, Rochelle M (Texas)

Gelernt, Lee (New York)

Harrold, Adrienne (California)

Huddleston, Kathryn (Texas)

Kang, Stephen B. (California)

Michelman, Scott (District of Columbia)

Musalo, Karen (California)

Perez, Celso Javier (New York)

Russell, Morgan (California)

Segura, Andre (Texas)

Silverman, Robert (Massachusetts)

Snell, Kevin Matthew (District of Columbia)

Spitzer, Arthur (District of Columbia)

Wofsy, Cody H. (California)

Attorneys(s) for Defendant

Craigmyle, Bradley (District of Columbia)

Davis, Ethan P. (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Lin, Jean (District of Columbia)

Morrell, David Michael (District of Columbia)

Other Attorney(s)

Austin, Kathryn (New York)

Castillo, Geroline (New York)

Hirose, Mariko (New York)

Levine, Noah Adam (New York)

Wolfson, Paul Reinherz (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 6, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief

June 9, 2020 Complaint
2 (incl. 2-1 to 2-4)

Emergency Motion for Temporary Restraining Order

June 9, 2020 Pleading / Motion / Brief
27

Brief of Amicus Curiae the International Refugee Assistance Project, Inc. in Support of Plaintiff's Emergency Motion for Temporary Restraining Order

June 15, 2020 Pleading / Motion / Brief
28 (incl. 28-1 to 28-7)

Defendants' Opposition to Plaintiff's Emergency Motion for a Temporary Restraining Order

June 17, 2020 Pleading / Motion / Brief
34

Plaintiff's Reply in Support of Motion for Emergency Stay of Removal

June 22, 2020 Pleading / Motion / Brief
38

Order

June 24, 2020 Order/Opinion
42, 42-1

First Amended Complaint for Declaratory and Injunctive Relief

July 2, 2020 Complaint
47 (incl. 47-1 to 47-3)

Defendants' Motion to Dismiss

July 23, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

J.B.C.C v. Wolf

American Civil Liberties Union

The American Civil Liberties Union, Center for Gender & Refugee Studies, and Oxfam filed the nation’s first legal challenge to the Trump administration’s order restricting immigration at the border b… June 24, 2020 https://www.aclu.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17236799/j-b-b-c-v-wolf/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants filed by J. B. B. C.. (Attachment: # 1 Civil Cover Sheet)(zsb) (Entered: 06/10/2020)

1 Civil Cover Sheet

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June 9, 2020 RECAP
2

EMERGENCY MOTION for Temporary Restraining Order by J. B. B. C. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Stephen Kang, # 3 Declaration of Linda Corchado, # 4 Text of Proposed Order)(zsb) (Entered: 06/10/2020)

1 Memorandum in Support

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2 Declaration of Stephen Kang

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3 Declaration of Linda Corchado

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4 Text of Proposed Order

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June 9, 2020 RECAP
3

ORDERED that the parties have agreed that the government will not remove the minor child, J.B.B.C., from the United States prior to 11:59 PM on June 10, 2020, based on the representations from the attorney for Defendants. Signed by Judge Emmet G. Sullivan on 06/09/2020. (zsb) (Entered: 06/10/2020)

June 9, 2020 RECAP

SUMMONS Not Issued as to All Defendants (zsb)

June 10, 2020 PACER

Payment for 1 Complaint. ($400; Receipt number ADCDC-7214851). (Perez, Celso)

June 10, 2020 PACER
4

REQUEST FOR SUMMONS TO ISSUE AS TO ACTING SECRETARY OF HOMELAND SECURITY; ACTING COMMISSIONER OF U.S. CUSTOMS AND BORDER PROTECTION; EXECUTIVE ASSISTANT COMMISSIONER, CBP OFFICE OF FIELD OPERATIONS; CHIEF OF U.S. BORDER PATROL; DEPUTY DIRECTOR OF U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; SECRETARY OF HEALTH AND HUMAN SERVICES; DIRECTOR OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION; ACTING DIRECTOR OF THE OFFICE OF REFUGEE RESETTLEMENT; ATTORNEY GENERAL; U.S. ATTORNEY filed by J. B. B. C.. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons)(Perez, Celso) (Entered: 06/10/2020)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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June 10, 2020 PACER

Set/Reset Hearings: Hearing re 2 Emergency Motion for Temporary Restraining Order set for 6/10/2020 at 4:00 PM in Telephonic/VTC before Judge Carl J. Nichols. (zcdw)

June 10, 2020 PACER
5

SUMMONS (10) Issued Electronically as to MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, HEIDI STIRRUP, CHAD F. WOLF, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 06/10/2020)

1 Notice and Consent

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June 10, 2020 PACER
6

NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 06/10/2020)

June 10, 2020 PACER

Minute Entry for proceedings held before Judge Carl J. Nichols: Hearing re 2 Emergency Motion for Temporary Restraining Order held on 6/10/2020. Defense counsel is directed to email the Court's Deputy Clerk by 12:00 PM on 6/11/2020, to inform the Court whether they're authorized to accept the Court's proposal for next steps in this matter. If the next steps proposal is accepted and agreed upon, the Court will issue a scheduling order. (Court Reporter: Janice Dickman) (zcdw)

June 10, 2020 PACER

MINUTE ORDER. In light of the telephonic status conference held on this date, it is hereby ORDERED that before 12:00 PM on June 11, 2020, Defendants shall inform the Court whether they consent to the proposal and briefing schedule for Plaintiff's 2 Emergency Motion for Temporary Restraining Order discussed between the Court and the Parties. It is further ORDERED that the Court's 3 Order is extended until 12:00 PM on June 11, 2020. Signed by Judge Carl J. Nichols on June 10, 2020. (lccjn3)

June 10, 2020 PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephen B. Kang, Filing fee $ 100, receipt number ADCDC-7216747. Fee Status: Fee Paid. by J. B. B. C. (Perez, Celso) (Entered: 06/10/2020)

June 10, 2020 PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Adrienne Harrold, Filing fee $ 100, receipt number ADCDC-7216749. Fee Status: Fee Paid. by J. B. B. C. (Perez, Celso) (Entered: 06/10/2020)

June 10, 2020 PACER

Summons Not Issued

June 10, 2020 PACER

Payment of Fee - Complaint

June 10, 2020 PACER

Set/Reset Hearings

June 10, 2020 PACER

~Util - Set/Reset Deadlines/Hearings AND Status Conference

June 10, 2020 PACER

.Order

June 10, 2020 PACER
9

SCHEDULING ORDER. Signed by Judge Carl J. Nichols on June 11, 2020. (lccjn3) (Entered: 06/11/2020)

June 11, 2020 RECAP
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Morgan Russell, Filing fee $ 100, receipt number ADCDC-7220284. Fee Status: Fee Paid. by J. B. B. C. (Perez, Celso) (Entered: 06/11/2020)

June 11, 2020 PACER
11

NOTICE of Appearance by Jamie L. Crook on behalf of All Plaintiffs (Crook, Jamie) (Entered: 06/11/2020)

June 11, 2020 PACER
12

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel Galindo, Filing fee $ 100, receipt number ADCDC-7220431. Fee Status: Fee Paid. by J. B. B. C. (Perez, Celso) (Entered: 06/11/2020)

June 11, 2020 PACER
13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lee Gelernt, Filing fee $ 100, receipt number ADCDC-7220672. Fee Status: Fee Paid. by J. B. B. C. (Perez, Celso) (Entered: 06/11/2020)

June 11, 2020 PACER
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cody Wofsy, Filing fee $ 100, receipt number ADCDC-7220741. Fee Status: Fee Paid. by J. B. B. C. (Perez, Celso) (Entered: 06/11/2020)

June 11, 2020 PACER

Set/Reset Deadlines/Hearings: Motion Hearing set for 6/24/2020 at 10:00 AM before Judge Carl J. Nichols. (zcdw)

June 11, 2020 PACER
15

NOTICE of Appearance by Jean Lin on behalf of All Defendants (Lin, Jean) (Entered: 06/12/2020)

June 12, 2020 PACER
16

NOTICE of Appearance by Kevin Matthew Snell on behalf of All Defendants (Snell, Kevin) (Entered: 06/12/2020)

June 12, 2020 PACER
17

MOTION for Leave to File Amicus Curiae Brief by INTERNATIONAL REFUGEE ASSISTANCE PROJECT (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order)(Hirose, Mariko) (Entered: 06/12/2020)

1 Exhibit Proposed Amicus Brief

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2 Text of Proposed Order

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June 12, 2020 PACER
18

AFFIDAVIT re 2 MOTION for Temporary Restraining Order by J. B. B. C.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Perez, Celso) (Entered: 06/12/2020)

1 Exhibit

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2 Exhibit

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June 12, 2020 PACER
19

ENTERED IN ERROR.....MEMORANDUM by SCHOLARS OF REFUGEE AND IMMIGRATION LAW. (Wolfson, Paul) Modified on 6/14/2020 (zjf). (Entered: 06/12/2020)

June 12, 2020 RECAP
20

NOTICE of Appearance by Bradley Thomas Craigmyle on behalf of All Defendants (Craigmyle, Bradley) (Entered: 06/13/2020)

June 13, 2020 PACER

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 19 Memorandum was entered in error and counsel was instructed to refile said pleading with a Motion for Leave to Appear Amicus. (zjf)

June 14, 2020 PACER

Notice of Corrected Docket Entry

June 14, 2020 PACER
21

NOTICE OF RELATED CASE by J. B. B. C.. Case related to Case No. 20-cv-01511. (Perez, Celso) (Entered: 06/15/2020)

June 15, 2020 PACER

MINUTE ORDER. The Court having considered Plaintiff's 7 Motion for Admission Pro Hac Vice of Stephen B. Kang, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Stephen B. Kang is ADMITTED to practice before the Court pro hac vice. 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 June 15, 2020. (lccjn3)

June 15, 2020 PACER

MINUTE ORDER. The Court having considered Plaintiff's 8 Motion for Admission Pro Hac Vice of Adrienne Harold, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Adrienne Harold is ADMITTED to practice before the Court pro hac vice. 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 June 15, 2020. (lccjn3)

June 15, 2020 PACER

MINUTE ORDER. The Court having considered Plaintiff's 10 Motion for Admission Pro Hac Vice of Morgan Russell, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Morgan Russell is ADMITTED to practice before the Court pro hac vice. 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 June 15, 2020. (lccjn3)

June 15, 2020 PACER

MINUTE ORDER. The Court having considered Plaintiff's 12 Motion for Admission Pro Hac Vice of Daniel Galindo, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Daniel Galindo is ADMITTED to practice before the Court pro hac vice. 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 June 15, 2020. (lccjn3)

June 15, 2020 PACER

MINUTE ORDER. The Court having considered Plaintiff's 13 Motion for Admission Pro Hac Vice of Lee Gelernt, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Lee Gelernt is ADMITTED to practice before the Court pro hac vice. 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 June 15, 2020. (lccjn3)

June 15, 2020 PACER

MINUTE ORDER. The Court having considered Plaintiff's 14 Motion for Admission Pro Hac Vice of Cody Wofsy, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Cody Wofsy is ADMITTED to practice before the Court pro hac vice. 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 June 15, 2020. (lccjn3)

June 15, 2020 PACER

MINUTE ORDER. Upon review of the International Refugee Assistance Project, Inc.'s 17 Unopposed Motion for Leave to file an Amicus Curiae Brief in Support of Plaintiff's Emergency Motion for Temporary Restraining Order, it is hereby ORDERED that the Motion is GRANTED and that the [17-1] Brief shall be deemed filed. Signed by Judge Carl J. Nichols on June 15, 2020. (lccjn3)

June 15, 2020 PACER
22

NOTICE of Appearance by Stephen Bonggyun Kang on behalf of All Plaintiffs (Kang, Stephen) (Entered: 06/15/2020)

June 15, 2020 PACER
23

NOTICE of Appearance by Cody H. Wofsy on behalf of All Plaintiffs (Wofsy, Cody) (Entered: 06/15/2020)

June 15, 2020 PACER
24

NOTICE of Appearance by Daniel Antonio Galindo on behalf of All Plaintiffs (Galindo, Daniel) (Entered: 06/15/2020)

June 15, 2020 PACER
25

NOTICE of Appearance by Lee Gelernt on behalf of All Plaintiffs (Gelernt, Lee) (Entered: 06/15/2020)

June 15, 2020 PACER
26

NOTICE of Appearance by Morgan Russell on behalf of All Plaintiffs (Russell, Morgan) (Entered: 06/15/2020)

June 15, 2020 PACER
27

AMICUS BRIEF by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. (eg) Modified filed date on 6/18/2020 (znmw). (Entered: 06/16/2020)

June 15, 2020 RECAP

Order on Motion for Leave to Appear Pro Hac Vice

June 16, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 16, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 16, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 16, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 16, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 16, 2020 PACER

Order on Motion for Leave to File

June 16, 2020 PACER
28

Memorandum in opposition re 2 MOTION for Temporary Restraining Order filed by MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, HEIDI STIRRUP, CHAD F. WOLF. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Affidavit (Declaration of Robert Danley), # 6 Affidavit (Declaration of Danielle Hernandez), # 7 Text of Proposed Order)(Lin, Jean) Modified docket event/text on 6/18/2020 (eg). (Entered: 06/17/2020)

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 Affidavit (Declaration of Robert Danley)

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6 Affidavit (Declaration of Danielle Hernandez)

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7 Text of Proposed Order

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June 17, 2020 RECAP
29

NOTICE of Appearance by Adrienne Pon Harrold on behalf of All Plaintiffs (Harrold, Adrienne) (Entered: 06/18/2020)

June 18, 2020 PACER
30

Unopposed MOTION for Leave to File Amicus Curiae Brief by SCHOLARS OF REFUGEE AND IMMIGRATION LAW (Attachments: # 1 Amicus Brief, # 2 Text of Proposed Order)(Wolfson, Paul) (Entered: 06/18/2020)

1 Amicus Brief

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2 Text of Proposed Order

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June 18, 2020 PACER
31

NOTICE of Appearance by Paul R.Q. Wolfson on behalf of SCHOLARS OF REFUGEE AND IMMIGRATION LAW (Wolfson, Paul) (Entered: 06/18/2020)

June 18, 2020 PACER
32

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Noah A. Levine, Filing fee $ 100, receipt number ADCDC-7245657. Fee Status: Fee Paid. by SCHOLARS OF REFUGEE AND IMMIGRATION LAW (Attachments: # 1 Declaration of Noah A. Levine, # 2 Text of Proposed Order)(Wolfson, Paul) (Entered: 06/18/2020)

1 Declaration of Noah A. Levine

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2 Text of Proposed Order

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June 18, 2020 PACER

Set/Reset Deadlines/Hearings

June 18, 2020 PACER

MINUTE ORDER. Upon review of the 30 Unopposed Motion for Leave to File a Brief for Scholars of Refugee and Immigration Law as Amici Curiae in Support of Plaintiff's Emergency Motion for Temporary Restraining Order, it is hereby ORDERED that the Motion is GRANTED and that the [30-1] Brief shall be deemed filed. Signed by Judge Carl J. Nichols on June 22, 2020. (lccjn3)

June 22, 2020 PACER

MINUTE ORDER. The Court having considered Plaintiff's 32 Motion for Admission Pro Hac Vice of Noah A. Levine, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Noah A. Levine is ADMITTED to practice before the Court pro hac vice. 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 June 22, 2020. (lccjn3)

June 22, 2020 PACER
33

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. B. B. C. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration of Carlos Emilio Barrera Rodriguez)(Gelernt, Lee) (Entered: 06/22/2020)

June 22, 2020 PACER
34

REPLY to opposition to motion re 2 MOTION for Temporary Restraining Order filed by J. B. B. C.. (Attachments: # 1 Declaration of Adrienne Harrold, # 2 Exhibit A-E to Adrienne Harrold Declaration, # 3 Declaration of Linda Corchado)(Gelernt, Lee) (Entered: 06/22/2020)

1 Declaration of Adrienne Harrold

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2 Exhibit A-E to Adrienne Harrold Declaration

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3 Declaration of Linda Corchado

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June 22, 2020 RECAP

Order on Motion for Leave to File

June 22, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 22, 2020 PACER
35

NOTICE of Appearance by Mariko Hirose on behalf of INTERNATIONAL REFUGEE ASSISTANCE PROJECT (Hirose, Mariko) (Entered: 06/23/2020)

June 23, 2020 PACER

Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Motion Hearing held on 6/24/2020 re 2 MOTION for Temporary Restraining Order filed by J. B. B. C.. 2 Motion for TRO; GRANTED. Further Order to be issued by the Court. Court Reporter: Nancy Meyer. (zcal)

June 24, 2020 PACER

MINUTE ORDER. In light of Plaintiffs' 22 Motion for a Preliminary Injunction or 5 U.S.C. ยง 705 Stay Pending Judicial Review, it is hereby ORDERED that on or before June 29, 2020, the Parties shall meet, confer, and file a Joint Status Report that includes: (1) a proposed briefing schedule for Plaintiffs' Motion and (2) a statement addressing whether a hearing on Plaintiffs' Motion is necessary, and if so, a date for such a hearing. The Parties may also address any other issues that they believe will be helpful to the Court. Any disagreements should be noted in the Joint Status Report. Signed by Judge Carl J. Nichols on June 24, 2020. (lccjn3)

June 24, 2020 PACER

ENTERED IN ERROR.....MINUTE ORDER. In light of Plaintiffs' 22 Motion for a Preliminary Injunction or 5 U.S.C. ยง 705 Stay Pending Judicial Review, it is hereby ORDERED that on or before June 29, 2020, the Parties shall meet, confer, and file a Joint Status Report that includes: (1) a proposed briefing schedule for Plaintiffs' Motion and (2) a statement addressing whether a hearing on Plaintiffs' Motion is necessary, and if so, a date for such a hearing. The Parties may also address any other issues that they believe will be helpful to the Court. Any disagreements should be noted in the Joint Status Report. Signed by Judge Carl J. Nichols on June 24, 2020. (lccjn3) Modified on 6/24/2020. Order entered in incorrect case (zcal).

June 24, 2020 PACER
36

NOTICE of Appearance by Noah A. Levine on behalf of SCHOLARS OF REFUGEE AND IMMIGRATION LAW (Levine, Noah) (Entered: 06/24/2020)

June 24, 2020 PACER

NOTICE OF CORRECTED DOCKET ENTRY: Minute Order filed 6/24/2020 was entered in error and on the incorrect case docket. (zcal)

June 24, 2020 PACER
37

SEALED DOCUMENT filed by J. B. B. C.. re 33 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by J. B. B. C. (This document is SEALED and only available to authorized persons.) filed by J. B. B. C.. (This document is SEALED and only available to authorized persons.)(zeg) (Entered: 06/24/2020)

June 24, 2020 PACER

Set/Reset Deadlines: Joint Status Report due by 6/29/2020. (zcal)

June 24, 2020 PACER
38

ORDER. Signed by Judge Carl J. Nichols on June 24, 2020. (lccjn3) (Entered: 06/24/2020)

June 24, 2020 RECAP

Motion Hearing AND Order on Motion for TRO

June 24, 2020 PACER

.Order

June 24, 2020 PACER

Notice of Corrected Docket Entry

June 24, 2020 PACER

Set/Reset Deadlines

June 24, 2020 PACER
39

TRANSCRIPT OF PROCEEDINGS before Judge Carl J. Nichols held on 06/24/2020; Page Numbers: 1-55. Date of Issuance:06/24/2020. 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 refe renced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/17/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/24/2020.(Meyer, Nancy) (Entered: 06/26/2020)

June 26, 2020 PACER
40

Supplemental NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:20-cv-01511. (Perez, Celso) Modified event title on 7/1/2020 (znmw). (Entered: 06/29/2020)

June 29, 2020 PACER
41

NOTICE to the Court by MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, HEIDI STIRRUP, CHAD F. WOLF (Lin, Jean) (Entered: 06/29/2020)

June 29, 2020 PACER
42

AMENDED COMPLAINT against All Defendants filed by J. B. B. C.. (Attachments: # 1 Exhibit to Amended Complaint)(Gelernt, Lee) (Entered: 07/02/2020)

1 Exhibit to Amended Complaint

View on RECAP

July 2, 2020 RECAP
43

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/29/2020. (Gelernt, Lee) (Entered: 07/07/2020)

July 7, 2020 PACER
44

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/29/2020. Answer due for ALL FEDERAL DEFENDANTS by 8/28/2020. (Gelernt, Lee) (Entered: 07/07/2020)

July 7, 2020 PACER
45

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MATTHEW T. ALBENCE served on 6/29/2020; ALEX M. AZAR, II served on 6/29/2020; MARK A. MORGAN served on 6/29/2020; TODD C. OWEN served on 6/29/2020; ROBERT R. REDFIELD served on 6/30/2020; RODNEY S. SCOTT served on 6/29/2020; HEIDI STIRRUP served on 6/29/2020; CHAD F. WOLF served on 6/29/2020 (Gelernt, Lee) (Entered: 07/08/2020)

July 8, 2020 PACER
46

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robert Silverman, Filing fee $ 100, receipt number ADCDC-7349027. Fee Status: Fee Paid. by J. B. B. C., E.Y. (Perez, Celso) (Entered: 07/16/2020)

July 16, 2020 PACER

MINUTE ORDER. The Court having considered Plaintiffs' 46 Motion for Admission Pro Hac Vice of Robert K. Silverman, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Robert K. Silverman is ADMITTED to practice before the Court pro hac vice. 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 July 20, 2020. (lccjn3)

July 20, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

July 20, 2020 PACER
47

MOTION to Dismiss for Lack of Jurisdiction by MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, HEIDI STIRRUP, CHAD F. WOLF (Attachments: # 1 Declaration 2nd Decl. of Robert Danley, # 2 Declaration 2d Decl. of Danielle Fernandez, # 3 Text of Proposed Order)(Lin, Jean) (Entered: 07/23/2020)

1 Declaration 2nd Decl. of Robert Danley

View on PACER

2 Declaration 2d Decl. of Danielle Fernandez

View on PACER

3 Text of Proposed Order

View on PACER

July 23, 2020 RECAP
48

NOTICE of Voluntary Dismissal by J. B. B. C., E.Y. (Gelernt, Lee) (Entered: 08/06/2020)

Aug. 6, 2020 RECAP

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: June 9, 2020

Closing Date: July 6, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An unaccompanied minor subject to deportation from the United States

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

U.S. Customs and Border Protection, Federal

CBP Office of Field Operations, Federal

U.S. Border Patrol, Federal

U.S. Immigration and Customs Enforcement, Federal

U.S. Department of Health and Human Services, Federal

Centers for Disease Control and Prevention, Federal

the Office of Refugee Resettlement, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

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.

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

None

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Issues

COVID-19:

Mitigation Granted

Mitigation Requested

Type of Facility:

Government-run

Immigration/Border:

Admission - procedure

Asylum - procedure

Border police

Convention against Torture

Deportation - procedure

Refugees