Case: Garcia Ramirez v. U.S. Immigration and Customs Enforcement

1:18-cv-00508 | U.S. District Court for the District of District of Columbia

Filed Date: March 5, 2018

Case Ongoing

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Case Summary

This is a case about Immigration and Customs Enforcement's (ICE) policies for detaining immigrants after they turned 18 who had entered the U.S. as unaccompanied minors. On March 5, 2018, two individual plaintiffs filed this lawsuit in the U.S. District Court for the District of Columbia, where it was assigned to District Judge Rudolph Contreras. They brought suit on behalf of a class of unaccompanied children who had been placed in the custody of the Department of Health and Human Services' Of…

This is a case about Immigration and Customs Enforcement's (ICE) policies for detaining immigrants after they turned 18 who had entered the U.S. as unaccompanied minors. On March 5, 2018, two individual plaintiffs filed this lawsuit in the U.S. District Court for the District of Columbia, where it was assigned to District Judge Rudolph Contreras. They brought suit on behalf of a class of unaccompanied children who had been placed in the custody of the Department of Health and Human Services' Office of Refugee Resettlement (ORR) when they arrived in the U.S. However, on their 18th birthdays, members of the plaintiff class were transferred to ICE custody, where many of them were placed in adult detention, allegedly without consideration of alternative, less restrictive options, as required by law. The plaintiffs sued ICE, its parent agency, the Department of Homeland Security (DHS), and the heads of both agencies. Represented by the National Immigrant Justice Center and private counsel, the plaintiffs sought class certification for a group of similarly situated immigrants, a declaration that ICE had violated the law, injunctive relief requiring that ICE comply with the law going forward, and attorneys' fees.

The plaintiffs alleged that the defendants violated two sections of the Administrative Procedure Act (APA)(5 U.S.C. §§ 706(2), 701(1)) and the Trafficking Victims Protection Reauthorization Act (TVPRA). The TVPRA requires that ICE "shall consider placement in the least restrictive setting available after taking into account the alien’s danger to self, danger to the community, and risk of flight" when it receives custody of an immigrant who arrived in the U.S. as an unaccompanied minor and was placed in the custody of ORR. 8 U.S.C. § 1232(c)(2)(B). The plaintiffs alleged that ICE was systematically failing to comply with its obligations under this statute by automatically, or nearly automatically, placing these individuals in adult detention. According to the plaintiffs, ICE's failure to comply with this requirement was arbitrary and capricious, in violation of §706(2)(A) of the APA. As such, the plaintiffs requested that the court "compel agency action."

A third named plaintiff joined the suit in an amended complaint filed on March 30, 2018; the allegations in that complaint were identical to those in the original. A year later, on April 5, 2019, however, the parties stipulated to the new plaintiff's voluntary dismissal from the case.

After the case was filed, the plaintiffs immediately moved for a temporary restraining order (TRO) and a preliminary injunction, applying only to the two named plaintiffs. Judge Contreras denied the TRO during a hearing on March 8, 2018. However, on April 18, 2018, he issued an opinion granting a preliminary injunction ordering ICE to comply with 8 U.S.C. § 1232(c)(2)(B) in the named plaintiffs’ placement, effectively considering the least restrictive alternative to detention. 310 F.Supp.3d 7. As a result, ICE released the plaintiffs from custody.

On March 6, 2018, the plaintiffs moved for class certification, seeking to define the class as "[a]ll former unaccompanied alien children who are detained or will be detained by ICE after being transferred by ORR because they have turned 18 years of age and as to whom ICE did not consider placement in the least restrictive setting available, including alternative to detention programs, as required by 8 U.S.C.§ 1232(c)(2)(B)." Meanwhile, the defendants moved to dismiss the complaint for lack of jurisdiction on May 7, 2018. Judge Contreras resolved both of those motions in an August 30, 2018, order granting class certification and denying the defendants' motion to dismiss.

After the court's August 2018 opinion, the parties wrangled over discovery for close to a year and a half. While this was going on, the defendants moved to decertify the plaintiffs' class on April 1, 2019, but eventually asked the court to hold their motion in abeyance due to issues with ICE data that formed the motion's basis. The defendants also filed a partial motion for summary judgment in mid-September 2019. Judge Contreras denied that motion on November 7, 2019, finding that the case contained disputes of fact that would have to be litigated at trial. 2019 WL 7370368.

Between December 2, 2019, and January 15, 2020, Judge Contreras conducted an 18-day bench trial. On July 2, 2020, he issued findings of fact and conclusions of law in favor of the plaintiffs. 471 F.Supp.3d 88. Judge Contreras found that ICE did not comply with its statutory obligations to place immigrants who arrived in the U.S. as unaccompanied minors in the least restrictive setting available. Due to poor training and non-existent guidance from ICE headquarters, many ICE field offices detained these individuals on a nearly automatic basis (above 95% in certain field offices), and in some cases refused to release immigrants to their parents or organizations who volunteered to take care of them. Judge Contreras deferred the issue of remedy for further consideration.

After a July 21, 2020, conference, the parties began working together to select a monitor for the case and draft training materials to help ICE employees comply with the findings. On December 16, 2020, Judge Contreras referred the case to Magistrate Judge Michael Harvey for mediation.

After six months of mediation, the plaintiffs filed a motion for entry of final judgment and a permanent injunction. 

On September 21, 2021, the court issued a five-year permanent injunction, requiring ICE to retrain its officers, fill out new paperwork, revamp its training and policies with regard to age-outs, and provide monthly reports and documentation to class counsel on its rates of detention for age-outs. On November 10, 2021, the court modified the permanent injunction to clarify that the permanent injunction would expire after five years, but that this duration applied to the requirements the court had imposed upon defendants and that the decision to enjoin defendants from continuing to violate 8 USC § 1232(c)(2)(B) was permanent. The government appealed Judge Contreras' order to the U.S. Court of Appeals for the D.C. Circuit on January 7, 2022. 

On September 7, 2022, the district court approved a settlement agreement wherein the government agreed to dismiss its appeal, and the judgment and permanent injunction became final. Class counsel were to continue to monitor the progress of ICE's compliance with the settlement through review of monthly data from ICE through September 2026. The defendants also agreed to pay the plaintiffs $4.8 million in attorneys' fees and costs as well as any future costs incurred in the process of monitoring the defendants' behavior. The court retained jurisdiction over the parties and the settlement agreement to enforce the agreement. 

The case became active again in October 2025 upon the plaintiffs' learning that the defendants issued new interim guidance instructing ICE field offices to detain all unaccompanied children who entered the United States without having been admitted, on their 18th birthdays – when they aged out of the Office of Refugee Resettlement’s custody. In response, the plaintiffs sought a TRO to force the defendants to comply with their previous settlement agreement, which permanently enjoined Defendants from violating 8 U.S.C. § 1232(c)(2)(B) by failing to “consider placement [of children aging out of Office of Refugee Resettlement custody] in the least restrictive setting available” and failing to "make each age-out ‘eligible for participation’ in certain programs regardless of the age-out’s danger to self, danger to community, or risk of flight.” The court granted the TRO on the same day the motion was filed.

The plaintiffs further filed a motion to enforce the final judgment and for a permanent injunction. On December 12, 2025, the court granted the plaintiffs' motions, enjoining the defendants from implementing their new policy. The court reasoned that it had the authority to enjoin "from re-arresting and detaining age-outs absent a material change in their circumstances" due to the previously ordered permanent injunction and defendants' "obligation to comply with Section 1232(c)(2)(B) when making age-out custody determinations." 2025 WL 3563183.

On February 10, 2026, the defendants appealed the December 12, 2025, decision to the D.C. Circuit Court (Case No. 26-5053). 

On April 28, 2026, the plaintiffs sought clarification and enforcement of the December 12, 2025, order, contending that the defendants misapplied the order and improperly delayed the release of class members who did not pose a risk of flight or danger. On June 2, 2026, the court clarified that materially changed circumstances regarding risk factors under § 1232(c)(2)(B) turn on whether an aged-out individual’s circumstances had materially changed such that that person presents a danger to themselves or the community or a risk of flight. The court then ordered the defendants to release class members within five days, all those for whom this materially changed circumstance could not be established, and to promptly produce to the plaintiffs information on records about the rearrests of age-outs and any documents relied upon to justify rearrests and detentions. Additionally, it was ordered that the defendants pay the plaintiffs’ attorneys’ fees. 

On June 17, 2026, the plaintiffs moved to enforce the court’s June 2, 2026, order—the third enforcement motion the plaintiffs had filed in response to the defendants' noncompliance. On July 6, 2026, the court granted the motion, finding that the defendants had failed to comply with the court’s orders. 

On August 3, 2026, the defendants appealed the June 2, 2026, order to the D.C. Circuit Court (Case No. 26-5280).

The case in the district court and the two cases in the appeals court remain ongoing. 

 

 

Summary Authors

Madeline Dollard (8/11/2026)

Jonah Hudson-Erdman (2/5/2021)

Clearinghouse (9/9/2022)

Rhea Sharma (10/23/2022)

Afrore Shaipi (4/23/2025)

Maddy Ligon (1/8/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6325761/parties/garcia-ramirez-v-us-immigration-and-custom-enforcement/


Judge(s)

Contreras, Rudolph (District of Columbia)

Attorney for Plaintiff

Borroto, Gianna (Illinois)

Brinkman, Paul F (District of Columbia)

Cassler, Rebecca (District of Columbia)

Attorney for Defendant

Alsterberg, Cara Elizabeth (District of Columbia)

Documents in the Clearinghouse

Documents in this case
1

1:18-cv-00508

Complaint for Declaratory and Injunctive Relief

Ramirez v. U.S. Immigration and Customs Enforcement

March 5, 2018

March 5, 2018

Complaint
21

1:18-cv-00508

First Amended Complaint for Declaratory and Injunctive Relief

Ramirez v. U.S. Immigration and Customs Enforcement

March 30, 2018

March 30, 2018

Complaint
28

1:18-cv-00508

Memorandum Opinion Granting Plaintiffs' Motion for Preliminary Injunction

Ramirez v. U.S. Immigration and Customs Enforcement

April 18, 2018

April 18, 2018

Order/Opinion

310 F.Supp.3d 7

50

1:18-cv-00508

Memorandum Opinion Denying Defendants' Motion to Dismiss Plaintiffs' Amended Complaint; Granting Plaintiffs' Motion for Class Certification

Ramirez v. U.S. Immigration and Customs Enforcement

Aug. 30, 2018

Aug. 30, 2018

Order/Opinion

338 F.Supp.3d 1

240

1:18-cv-00508

Order Denying Motion for Partial Summary Judgment

Nov. 7, 2019

Nov. 7, 2019

Order/Opinion

2019 WL 7370368

333

1:18-cv-00508

Findings of Fact and Conclusions of Law Concerning Liability

Ramirez v. U.S. Immigration and Customs Enforcement

July 2, 2020

July 2, 2020

Order/Opinion

471 F.Supp.3d 88

367

1:18-cv-00508

Memorandum Opinion and Order

Ramirez v. U.S. Immigration and Customs Enforcement

Sept. 21, 2021

Sept. 21, 2021

Order/Opinion

568 F.Supp.3d 10

402

1:18-cv-00508

Joint Motion and Supporting Memorandum

Ramirez v. US Immigration and Customs Enforcement

Sept. 1, 2022

Sept. 1, 2022

Pleading / Motion / Brief
402-1

1:18-cv-00508

Exhibit A - Settlement Agreement

Ramirez v. U.S. Immigration and Customs Enforcement

Sept. 1, 2022

Sept. 1, 2022

Settlement Agreement
403

1:18-cv-00508

Order on Motion for Settlement

Ramirez v. US Immigration and Customs Enforcement

Sept. 7, 2022

Sept. 7, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6325761/garcia-ramirez-v-us-immigration-and-custom-enforcement/

Last updated Aug. 11, 2026, 12:38 p.m.

Docket for: GARCIA RAMIREZ v. U.S. IMMIGRATION AND CUSTOM ENFORCEMENT
ECF Number Date Description Link
1 March 5, 2018

COMPLAINT against DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT ( Filing fee $ 400, receipt number 4616089822) filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO. (Attachments: # 1 Civil Cover Sheet)(jf) . (Entered: 03/06/2018)

10 Civil Cover Sheet

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Clearinghouse
2 March 5, 2018

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Certificate of Counsel, # 12 Text of Proposed Order)(jf) (Entered: 03/06/2018)

1 Memorandum in Support

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Certificate of Counsel

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12 Text of Proposed Order

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RECAP
3 March 5, 2018

LCVR 83.2(g) CERTIFICATE OF PRO BONO REPRESENTATION for WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO by Katherine Melloy Goettel (jf) (Entered: 03/06/2018)

RECAP
4 March 5, 2018

LCVR 83.2(g) CERTIFICATE OF PRO BONO REPRESENTATION for WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO by Stephen R. Patton, P.C. (jf) (Entered: 03/06/2018)

RECAP
5 March 5, 2018

LCVR 83.2(g) CERTIFICATE OF PRO BONO REPRESENTATION for WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO by Anne K. Reser (jf) (Entered: 03/06/2018)

RECAP
6 March 6, 2018

MOTION to Certify Class by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Trout Perez, Tia) (Entered: 03/06/2018)

RECAP
March 6, 2018

MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a hearing on 2 Plaintiff's motion for a temporary restraining order on March 8, 2018 at 3:00 PM in Courtroom 14 before Judge Rudolph Contreras. SO ORDERED. Signed by Judge Rudolph Contreras on March 6, 2018. (lcrc2) Modified on 3/6/2018 (lcrc2, ).

March 6, 2018

.Order

March 6, 2018

Set/Reset Hearings

March 6, 2018

Set/Reset Hearings: Motion Hearing set for 3/8/2018 at 03:00 PM in Courtroom 14 before Judge Rudolph Contreras. (tj)

7 March 7, 2018

NOTICE of Appearance by Katherine E.M. Goettel on behalf of All Plaintiffs (Goettel, Katherine) (Entered: 03/07/2018)

RECAP
8 March 7, 2018

NOTICE of Appearance by Stephen R. Patton on behalf of WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO (Patton, Stephen) (Entered: 03/07/2018)

RECAP
9 March 7, 2018

NOTICE of Appearance by Colin Abbott Kisor on behalf of All Defendants (Kisor, Colin) (Entered: 03/07/2018)

RECAP
10 March 7, 2018

NOTICE of Appearance by Christina Parascandola on behalf of All Defendants (Parascandola, Christina) (Entered: 03/07/2018)

RECAP
11 March 7, 2018

NOTICE of Appearance by Cara Elizabeth Alsterberg on behalf of All Defendants (Alsterberg, Cara) (Entered: 03/07/2018)

RECAP
12 March 7, 2018

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/6/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/5/2018. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit)(Trout Perez, Tia) (Entered: 03/07/2018)

RECAP
13 March 7, 2018

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/6/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 3/6/2018; THOMAS HOMAN served on 3/6/2018; KIRSTJEN M. NIELSEN served on 3/6/2018; U.S. IMMIGRATION AND CUSTOM ENFORCEMENT served on 3/6/2018. (See Docket Entry 12 to view document). (znmw) (Entered: 03/08/2018)

RECAP
March 8, 2018

Minute Entry for proceedings held before Judge Rudolph Contreras: Motion Hearing held on 3/8/2018 re 2 MOTION for Temporary Restraining filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO. Oral argument heard, and Motion for Temporary Restraining Order is DENIED for reasons stated on the record. Parties are directed to meet and confer on a briefing schedule for Preliminary Injunction and Motion for Class certification by 3/9/18. (Court Reporter: Patricia Kaneshiro Miller.) (tj)

March 8, 2018

Motion Hearing

March 8, 2018

Summons Returned Executed as to Federal Defendant AND Summons Returned Executed as to U.S. Attorney General

14 March 9, 2018

Joint STATUS REPORT regarding Preliminary Injunction and Class Certification briefing schedule by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO. (Goettel, Katherine) (Entered: 03/09/2018)

RECAP
15 March 13, 2018

SCHEDULING ORDER: See document for details. Signed by Judge Rudolph Contreras on March 13, 2018. (lcrc2) (Entered: 03/13/2018)

RECAP
16 March 13, 2018

NOTICE of Appearance by Anne K. Reser on behalf of All Plaintiffs (Reser, Anne) (Entered: 03/13/2018)

RECAP
March 13, 2018

Set/Reset Deadlines/Hearings

March 13, 2018

Set/Reset Deadlines/Hearings: Response to Preliminary Injunction due by 3/29/2018; Preliminary Injunction Hearing set for 4/3/2018 at 10:00 AM in Courtroom 14 before Judge Rudolph Contreras. (tj)

17 March 16, 2018

TRANSCRIPT OF PROCEEDINGS before Judge Rudolph Contreras held on March 8, 2018; Page Numbers: 1-47. Date of Issuance:March 16, 2018. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Tape Number: Patricia_Kaneshiro-Miller@dcd.uscourts.gov. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For 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 referenced 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.<P>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.<P></P> Redaction Request due 4/6/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/14/2018.(pk) (Entered: 03/16/2018)

RECAP
18 March 19, 2018

NOTICE of Appearance by Theo Nickerson on behalf of All Defendants (Nickerson, Theo) (Entered: 03/19/2018)

RECAP
19 March 29, 2018

TRANSCRIPT OF PROCEEDINGS before Judge Rudolph Contreras held on March 8, 2018; Page Numbers: 1-47. Date of Issuance:March 29, 2018. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For 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 referenced 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.<P>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.<P></P> Redaction Request due 4/19/2018. Redacted Transcript Deadline set for 4/29/2018. Release of Transcript Restriction set for 6/27/2018.(pk) (Entered: 03/29/2018)

RECAP
20 March 29, 2018

Memorandum in opposition to re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Alsterberg, Cara) (Entered: 03/29/2018)

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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RECAP
21 March 30, 2018

AMENDED COMPLAINT against DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Trout Perez, Tia) (Entered: 03/30/2018)

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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Clearinghouse
22 March 30, 2018

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit, # 2 Text of Proposed Order, # 3 Text of Proposed Order)(Trout Perez, Tia) (Entered: 03/30/2018)

RECAP
23 March 30, 2018

MOTION for Leave to File by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO (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 Text of Proposed Order)(Trout Perez, Tia) (Entered: 03/30/2018)

RECAP
24 April 2, 2018

REPLY to opposition to motion re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO. (Trout Perez, Tia) (Entered: 04/02/2018)

RECAP
April 3, 2018

Minute Entry for proceedings held before Judge Rudolph Contreras: Preliminary Injunction hearing held on 4/3/2018. Oral argument heard, and motion taken under advisement. (Court Reporter: Sara Wick.) (tj)

April 3, 2018

Preliminary Injunction

25 April 12, 2018

TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING before Judge Rudolph Contreras held on 04/03/2018. Page Numbers: 1-61. Date of Issuance: 04/12/2018. Court Reporter: Sara A. Wick, Telephone number 202-354-3284. 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 referenced 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 5/3/2018. Redacted Transcript Deadline set for 5/13/2018. Release of Transcript Restriction set for 7/11/2018.(Wick, Sara) (Entered: 04/12/2018)

RECAP
26 April 13, 2018

RESPONSE re 22 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO (This document is SEALED and only available to authorized persons.) filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Alsterberg, Cara) (Entered: 04/13/2018)

RECAP
27 April 18, 2018

ORDER granting 2 Plaintiffs' Motion for Preliminary Injunction. See document for details. Signed by Judge Rudolph Contreras on April 18, 2018. (lcrc2) (Entered: 04/18/2018)

RECAP
28 April 18, 2018

MEMORANDUM OPINION granting 2 Plaintiffs' Motion for Preliminary Injunction. See document for details. Signed by Judge Rudolph Contreras on April 18, 2018. (lcrc2) (Entered: 04/18/2018)

Clearinghouse
29 April 18, 2018

ADDITIONAL DECLARATIONS re 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO. (jf) (Entered: 04/19/2018)

RECAP
April 18, 2018

MINUTE ORDER granting 23 Plaintiffs' Motion for Leave to File Additional Declarations. Plaintiffs' additional declarations are DEEMED FILED. SO ORDERED. Signed by Judge Rudolph Contreras on April 18, 2018. (lcrc2)

April 18, 2018

Order on Motion for Leave to File

30 May 2, 2018

RESPONSE TO ORDER OF THE COURT re 28 Memorandum & Opinion, 27 Order on Motion for TRO, Order on Motion for Preliminary Injunction filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Exhibit Declaration of Jose A. Cortez, Supervisory Deportation and Detention Officer, ICE, Enforcement and Removal Operations, Harlingen, # 2 Exhibit Declaration of Andrew Swierski, Supervisory Deportation and Detention Officer, ICE, Enforcement and Removal Operations, Eloy Detention Center)(Parascandola, Christina) (Entered: 05/02/2018)

RECAP
31 May 3, 2018

MEMORANDUM in Opposition re 6 MOTION to Certify Class filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Parascandola, Christina) Modified on 5/3/2018 to correct docket event/text (jf). (Entered: 05/03/2018)

RECAP
May 3, 2018

NOTICE OF ERROR re 31 Reply to opposition to Motion; emailed to christina.parascandola@usdoj.gov, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. DO NOT REFILE (jf, )

32 May 7, 2018

MOTION to Dismiss for Lack of Jurisdiction by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT (Nickerson, Theo) (Entered: 05/07/2018)

RECAP
33 May 8, 2018

NOTICE of Appearance by Paul F. Brinkman on behalf of All Plaintiffs (Brinkman, Paul) (Entered: 05/08/2018)

RECAP
34 May 8, 2018

NOTICE of Appearance by Devin Allan DeBacker on behalf of All Plaintiffs (DeBacker, Devin) (Entered: 05/08/2018)

RECAP
35 May 8, 2018

NOTICE of Pro Bono Representation Pursuant to LR83.2(g) by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P. (Jacobowski, Amanda) (Entered: 05/08/2018)

RECAP
36 May 9, 2018

Amended MOTION to Dismiss for Lack of Jurisdiction corrected version by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT (Nickerson, Theo) (Entered: 05/09/2018)

RECAP
37 May 14, 2018

REPLY to opposition to motion re 6 MOTION to Certify Class filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P.. (Attachments: # 1 Declaration, # 2 Exhibit 1)(Patton, Stephen) (Entered: 05/14/2018)

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38 May 21, 2018

RESPONSE re 36 Amended MOTION to Dismiss for Lack of Jurisdiction corrected version filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P.. (Patton, Stephen) (Entered: 05/21/2018)

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39 May 29, 2018

REPLY to opposition to motion re 36 Amended MOTION to Dismiss for Lack of Jurisdiction corrected version filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Nickerson, Theo) (Entered: 05/29/2018)

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40 June 14, 2018

NOTICE OF SUPPLEMENTAL AUTHORITY by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P. (Attachments: # 1 Exhibit A)(Patton, Stephen) (Entered: 06/14/2018)

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41 June 27, 2018

NOTICE of Pro Bono Representation Pursuant to LR83.2(g) by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P. (Netznik, Jamie) (Entered: 06/27/2018)

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42 June 27, 2018

NOTICE of Pro Bono Representation Pursuant to LR83.2(g) by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P. (Powell, Kevin) (Entered: 06/27/2018)

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43 July 3, 2018

NOTICE OF SUPPLEMENTAL AUTHORITY by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P. (Attachments: # 1 Exhibit A)(DeBacker, Devin) (Entered: 07/03/2018)

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44 July 9, 2018

NOTICE OF SUPPLEMENTAL AUTHORITY by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P. (Attachments: # 1 Exhibit A)(DeBacker, Devin) (Entered: 07/09/2018)

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45 July 16, 2018

RESPONSE re 40 NOTICE OF SUPPLEMENTAL AUTHORITY filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Nickerson, Theo) (Entered: 07/16/2018)

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46 Aug. 3, 2018

MOTION to Expedite Discovery by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Text of Proposed Order)(DeBacker, Devin). Added MOTION for Briefing Schedule, MOTION for Hearing on 8/8/2018 (znmw). (Entered: 08/03/2018)

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47 Aug. 17, 2018

RESPONSE re 46 MOTION to Expedite Discovery MOTION for Briefing Schedule MOTION for Hearing in opposition filed by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Nickerson, Theo) (Entered: 08/17/2018)

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48 Aug. 24, 2018

REPLY to opposition to motion re 46 MOTION to Expedite Discovery MOTION for Briefing Schedule MOTION for Hearing filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Patton, Stephen) (Entered: 08/24/2018)

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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Aug. 24, 2018

MINUTE ORDER: It is hereby ORDERED that, by September 10, 2018, the parties shall meet, confer, and jointly file a proposed schedule or schedules to govern further proceedings in this matter, assuming that the Court will deny Defendants' motion to dismiss and grant Plaintiffs' motion for class certification. It is FURTHER ORDERED that the parties shall appear for a status conference on September 14, 2018 at 10:00 AM in Courtroom 14 before Judge Rudolph Contreras. SO ORDERED. Signed by Judge Rudolph Contreras on August 24, 2018. (lcrc2)

Aug. 27, 2018

Set/Reset Deadlines/Hearings: Status Conference set for 9/14/2018 at 10:00 AM in Courtroom 14 before Judge Rudolph Contreras. (tj)

Aug. 27, 2018

Set/Reset Deadlines: Proposed Briefing Schedule due by 9/10/2018 (tj)

49 Aug. 30, 2018

ORDER denying 36 Defendants' Motion to Dismiss Plaintiffs' Amended Complaint; and granting 6 Plaintiffs' Motion for Class Certification. See document for details. Signed by Judge Rudolph Contreras on August 30, 2018. (lcrc2) (Entered: 08/30/2018)

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50 Aug. 30, 2018

MEMORANDUM OPINION denying 36 Defendants' Motion to Dismiss Plaintiffs' Amended Complaint; and granting 6 Plaintiffs' Motion for Class Certification. See document for details. Signed by Judge Rudolph Contreras on August 30, 2018. (lcrc2) (Entered: 08/30/2018)

Clearinghouse
Aug. 30, 2018

MINUTE ORDER: Upon consideration of 22 Plaintiff's Motion for Leave to File Under Seal, [22-1] Plaintiff's Motion for Leave to Proceed Under a Pseudonym, and Defendants' lack of opposition to either motion, it is hereby ORDERED that Plaintiff's motions are GRANTED. Plaintiff may proceed in this matter under the pseudonym Ana P. SO ORDERED. Signed by Judge Rudolph Contreras on August 30, 2018. (lcrc2)

51 Sept. 10, 2018

MEET AND CONFER STATEMENT. (Goettel, Katherine) (Entered: 09/10/2018)

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52 Sept. 13, 2018

ANSWER to 21 Amended Complaint, by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT.(Parascandola, Christina) (Entered: 09/13/2018)

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Sept. 14, 2018

Minute Entry for proceedings held before Judge Rudolph Contreras: Status Conference held on 9/14/2018. Parties advise the court of the status of this action. Order to follow by the court. (Court Reporter: Patricia Kaneshiro Miller.) (tj)

Sept. 14, 2018

MINUTE ORDER: As stated on the record at the September 14, 2018 status conference, discovery in this matter shall commence today, September 14, 2018, and shall be completed by January 15, 2019. By September 21, 2018, the parties shall meet, confer, and submit a Joint Status Report that: (1) proposes any interim discovery deadlines; (2) indicates whether the parties wish to be referred to a Magistrate Judge for mediation; and (3) addresses any other issues raised at today's status conference or otherwise. SO ORDERED. Signed by Judge Rudolph Contreras on September 14, 2018. (lcrc2)

Sept. 14, 2018

MINUTE ORDER denying 46 Plaintiffs' Motion to Expedite Discovery: On August 3, 2018, Plaintiffs filed a Motion for Expedited Discovery and a Briefing Schedule and Hearing with Respect to Plaintiffs' Motion for Class-Wide Preliminary Injunction. Since Plaintiffs filed that motion, this Court has denied Defendants' motion to dismiss, granted Plaintiffs' motion for class certification, and set a deadline for discovery in this matter. In light of these developments, and for the reasons stated on the record at the September 14, 2018 status conference, the Court DENIES 46 Plaintiffs' Motion to Expedite Discovery, in part as moot and in part on the merits. As explained at the September 14, 2018 status conference, Plaintiffs are not precluded from renewing their motion for preliminary injunction in response to developments during the discovery period. SO ORDERED. Signed by Judge Rudolph Contreras on September 14, 2018. (lcrc2)

Sept. 14, 2018

Set/Reset Deadlines: Discovery due by 1/15/2019. Status Report due by 9/21/2018 (tj)

53 Sept. 21, 2018

Joint STATUS REPORT by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P.. (Patton, Stephen) (Entered: 09/21/2018)

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54 Sept. 24, 2018

SCHEDULING ORDER. See document for details. Signed by Judge Rudolph Contreras on September 24, 2018. (lcrc3) (Entered: 09/24/2018)

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55 Sept. 25, 2018

NOTICE of Appearance by Benjamin Jay Zeitlin on behalf of All Defendants (Zeitlin, Benjamin) (Entered: 09/25/2018)

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Sept. 25, 2018

Set/Reset Deadlines: Disclosures due by 9/21/2018; Responses due by 10/4/2018; Expert Disclosures due by 12/15/2018; Initial Telephone Conference set for 9/28/2018 at 2:30 PM in Chambers before Judge Rudolph Contreras. (tj)

Oct. 3, 2018

MINUTE ORDER: For the reasons stated on the record during the September 28, 2018 telephone hearing, it is hereby ORDERED that the parties shall submit the following materials: First, on or before October 5, 2018, the parties shall submit proposed protective orders governing the production of personal identifying information or other privacy protected information contained in the class members' "A files" or in other records responsive to discovery requests. Second, on or before October 12, 2018, the government shall collect "A files" for ten of the class members, review those files with the Plaintiffs, and determine what information in the files is responsive to the Plaintiffs' document requests. In the meantime, the government shall immediately begin the process of locating and collecting the A files for all class members. On or before October 17, 2018 the parties shall file a joint status report containing proposals for how the parties will address production of the "A files" going forward. Third, the parties shall submit proposals identifying which ICE facilities should be searched for emails and documents, which custodians' emails and documents should be collected and searched from those facilities (the juvenile coordinator, juvenile enforcement officers, their supervisors), and which search terms should be applied to the searches for those emails and documents. Fourth, the parties shall submit proposals identifying the custodians at ICE's headquarters from whom emails and documents should be collected and searched, and identifying the search terms to be applied to those documents. For the third and fourth items, the parties shall exchange initial proposals on or before October 3, 2018 and file with the Court a joint status report containing their final proposals on or before October 5, 2018. Sixth, by October 5, 2018, the parties shall agree on a set of dates on which counsel for both parties are available to depose the third-party witnesses discussed during the telephone hearing (both fact depositions and depositions to preserve testimony for trial). Seventh, by October 5, 2018, the government shall send to plaintiffs a list of the identities of all class members and the name of the ICE facility at which each class member is held. SO ORDERED. Signed by Judge Rudolph Contreras on 10/3/2018. (lcrc2)

56 Oct. 4, 2018

MOTION for Protective Order by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Parascandola, Christina) (Entered: 10/04/2018)

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57 Oct. 4, 2018

MOTION to Amend/Correct 56 MOTION for Protective Order by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT (Attachments: # 1 Errata Amended Motion, # 2 Text of Proposed Order Proposed Protective Order, # 3 Exhibit Original motion, # 4 Text of Proposed Order Proposed Order Granting Leave to Amend)(Parascandola, Christina) (Entered: 10/04/2018)

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58 Oct. 5, 2018

STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Exhibit Exhibit A Proposals pursuant to the Courts Order of October 3 2018)(Parascandola, Christina) (Entered: 10/05/2018)

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59 Oct. 5, 2018

STATUS REPORT regarding discovery by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P.. (Attachments: # 1 Ex. A - Plaintiffs' Proposed Search Terms, # 2 Ex. B - Sept. 2018 FOIA Response from ICE, # 3 Ex. C - Blacklined Proposed Protective Order, # 4 Ex. D - Email regarding joint statement)(Goettel, Katherine) (Entered: 10/05/2018)

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60 Oct. 9, 2018

TRANSCRIPT OF PROCEEDINGS before Judge Rudolph Contreras held on September 14, 2018; Page Numbers: 1-21. Date of Issuance:October 9, 2018. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Tape Number: Patricia_Kaneshiro-Miller@dcd.uscourts.gov. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For 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 referenced 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.<P>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.<P></P> Redaction Request due 10/30/2018. Redacted Transcript Deadline set for 11/9/2018. Release of Transcript Restriction set for 1/7/2019.(pk) (Entered: 10/09/2018)

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61 Oct. 9, 2018

TRANSCRIPT OF PROCEEDINGS before Judge Rudolph Contreras held on September 28, 2018; Page Numbers: 1-48. Date of Issuance:October 9, 2018. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Tape Number: Patricia_Kaneshiro-Miller@dcd.uscourts.gov. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For 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 referenced 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.<P>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.<P></P> Redaction Request due 10/30/2018. Redacted Transcript Deadline set for 11/9/2018. Release of Transcript Restriction set for 1/7/2019.(pk) (Entered: 10/09/2018)

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Oct. 9, 2018

Set/Reset Hearings: Telephone Conference set for 10/12/2018, 10/19/18 at 02:30 PM in Chambers before Judge Rudolph Contreras. (tj)

62 Oct. 10, 2018

NOTICE OF APPEARANCE for Defendants by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT (Schultz, Evan); Modified text on 10/12/2018 (tth). (Entered: 10/10/2018)

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63 Oct. 11, 2018

ORDER granting 57 Defendants' Amended Motion for Protective Order. At the October 12, 2018 telephone hearing, the parties should be prepared to discuss Paragraph 2.c, involving the names, telephone numbers, and electronic mail addresseses of federal government employees. Until the issues is ultimately resolved, Plaintiffs may show, but not provide copies of, this information to witnesses, consultants, and experts. In all other respects, see document for details. SO ORDERED. Signed by Judge Rudolph Contreras on 10/11/2018. (lcrc2) (Entered: 10/11/2018)

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Oct. 12, 2018

Minute Entry for proceedings held before Judge Rudolph Contreras: Telephone Conference held on 10/12/2018. Parties report the status of this action. (Court Reporter: Patricia Kaneshiro Miller.) (tj)

Oct. 12, 2018

MINUTE ORDER: For the reasons stated on the record at the October 12, 2018 telephone hearing, it is hereby ORDERED that Defendants shall begin searching for responsive documents in the possession of any individuals at the San Antonio, San Francisco, and Phoenix field offices holding the custodial positions identified in 59 Plaintiffs' October 5, 2018 Status Report. It is FURTHER ORDERED that Defendants shall begin searching for responsive documents in the possession of any individuals at ICE headquarters holding the custodial positions identified in Plaintiffs' October 5, 2018 Status Report. To perform these searches, Defendants shall use the search terms that Plaintiffs identified in their October 5, 2018 Status Report. Defendants should be prepared to discuss the results of these searches at the October 19, 2018 telephone hearing. SO ORDERED. Signed by Judge Rudolph Contreras on 10/12/2018. (lcrc2)

64 Oct. 17, 2018

Joint STATUS REPORT regarding the production of A-files by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P.. (Goettel, Katherine) (Entered: 10/17/2018)

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65 Oct. 19, 2018

NOTICE regarding E discovery by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT re Order,,, (Attachments: # 1 Declaration)(Kisor, Colin) (Entered: 10/19/2018)

1 Declaration

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Oct. 19, 2018

MINUTE ORDER: For the reasons stated on the record at the October 19, 2018 telephone hearing, it is hereby ORDERED that, by close of business on October 23, 2018, Defendants shall submit unredacted and redacted copies of one A-File for the Court's in camera review. The particular A-File that is submitted shall be one chosen by Plaintiffs, and it should include redactions based on claims of deliberative process privilege. SO ORDERED. Signed by Judge Rudolph Contreras on 10/19/2018. (lcrc2)

Oct. 19, 2018

Minute Entry for proceedings held before Judge Rudolph Contreras: Telephone Conference held on 10/19/2018. Order to follow. (Court Reporter: Patricia Kaneshiro Miller.) (tj)

66 Oct. 24, 2018

NOTICE of Filing by DEPARTMENT OF HOMELAND SECURITY, THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT (Zeitlin, Benjamin) (Entered: 10/24/2018)

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Oct. 26, 2018

Minute Entry for proceedings held before Judge Rudolph Contreras: Telephone Conference held on 10/26/2018. (Court Reporter: Patricia Kaneshiro Miller.) (tj)

Oct. 29, 2018

MINUTE ORDER: For the reasons stated on the record during the October 26, 2018 telephone hearing, it is hereby ORDERED that the parties shall take the following actions. First, the parties shall file submissions addressing the applicability of the deliberative process privilege to documents produced in this action. As part of these submissions, the parties should specifically address the claim of deliberative process privilege over a Parole Determination Worksheet in the example A-File that the Court has reviewed in camera. If the parties wish, their submissions may also discuss the applicability of 8 U.S.C. ยง 1367 and 8 C.F.R. ยง 208.6 to the production of documents in this case. Defendants shall file their submission by the close of business on October 30, 2018, and Plaintiffs shall file their response by close of business on November 1, 2018. The submissions shall be limited to five pages in length. Second, Defendants shall produce 5 A-Files to Plaintiffs by November 2, 2018, and 7 additional A-Files by November 9, 2018. Third, Defendants shall collect all emails in the possession of all individuals holding the position of Juvenile Coordinator at the ten field offices identified in 59 Plaintiff's October 5, 2018 Status Report and export them to PST files. Defendants shall make a good faith effort to convert all ten custodians' emails to PST files by November 2, 2018. At the November 2 telephone hearing, defendants should be prepared to discuss how long this process is taking and share the size of the files they have successfully exported. SO ORDERED. Signed by Judge Rudolph Contreras on 10/29/2018. (lcrc2)

Oct. 29, 2018

MINUTE ORDER: For the reasons stated on the record during the October 26, 2018 telephone hearing, it is hereby ORDERED that the parties shall take the following actions. First, the parties shall file submissions addressing the applicability of the deliberative process privilege to documents produced in this action. As part of these submissions, the parties should specifically address the claim of deliberative process privilege over a Parole Determination Worksheet in the example A-File that the Court has reviewed in camera. If the parties wish, their submissions may also discuss the applicability of 8 U.S.C. § 1367 and 8 C.F.R. § 208.6 to the production of documents in this case. Defendants shall file their submission by the close of business on October 30, 2018, and Plaintiffs shall file their response by close of business on November 1, 2018. The submissions shall be limited to five pages in length. Second, Defendants shall produce 5 A-Files to Plaintiffs by November 2, 2018, and 7 additional A-Files by November 9, 2018. Third, Defendants shall collect all emails in the possession of all individuals holding the position of Juvenile Coordinator at the ten field offices identified in 59 Plaintiff's October 5, 2018 Status Report and export them to PST files. Defendants shall make a good faith effort to convert all ten custodians' emails to PST files by November 2, 2018. At the November 2 telephone hearing, defendants should be prepared to discuss how long this process is taking and share the size of the files they have successfully exported. SO ORDERED. Signed by Judge Rudolph Contreras on 10/29/2018. (lcrc2)

67 Oct. 30, 2018

RESPONSE TO ORDER OF THE COURT re Order,,,,,, regarding Deliberative Process Privilege filed by THOMAS HOMAN, KIRSTJEN M. NIELSEN, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Parascandola, Christina) (Entered: 10/30/2018)

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68 Nov. 1, 2018

RESPONSE TO ORDER OF THE COURT re Order,,,,,, regarding Deliberative Process Privilege filed by WILMER GARCIA RAMIREZ, SULMA HERNANDEZ ALFARO, ANA P.. (Attachments: # 1 Exhibit A)(Patton, Stephen) (Entered: 11/01/2018)

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: March 5, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All former unaccompanied alien children who are detained or will be detained by ICE after being transferred by ORR because they have turned 18 years of age and as to whom ICE did not consider placement in the least restrictive setting available, including alternative to detention programs, as required by 8 U.S.C. § 1232(c)(2)(B)

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal

Department of Homeland Security (DHS)

Immigration and Customs Enforcement (ICE)

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589

Other Dockets:

District of District of Columbia 1:18-cv-00508

U.S. Court of Appeals for the District of Columbia Circuit 22-05002

U.S. Court of Appeals for the District of Columbia Circuit 26-05053

U.S. Court of Appeals for the District of Columbia Circuit 26-05280

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $4,800,000

Issues

General/Misc.:

Classification / placement

Family reunification

Juveniles

Placement in shelters

Immigration/Border:

Detention - criteria

Detention - procedures

Family Separation

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Placement in detention facilities

Recommended Citation