Case: Nio v. United States Department of Homeland Security

1:17-cv-00998 | U.S. District Court for the District of Columbia

Filed Date: May 24, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

Note: This lawsuit challenged the Department of Homeland Security’s policy of delaying naturalization for MAVNI soldiers who had already received certification of their honorable military service.Kirwa v. United States Department of Defense is a challenge to the Department of Defense’s failure to certify the honorable military service of MAVNI soldiers seeking expedited naturalization; Samma v. United States Department of Defense is a similar challenge by non-MAVNI soldiers.The Immigration and …

Note: This lawsuit challenged the Department of Homeland Security’s policy of delaying naturalization for MAVNI soldiers who had already received certification of their honorable military service.

Kirwa v. United States Department of Defense is a challenge to the Department of Defense’s failure to certify the honorable military service of MAVNI soldiers seeking expedited naturalization;

Samma v. United States Department of Defense is a similar challenge by non-MAVNI soldiers.


The Immigration and Nationality Act provides an expedited path to citizenship for foreign nationals serving in the United States military. However, in 2017, the Department of Homeland Security began (at the request of the Department of Defense) to delay soldiers’ citizenship applications until the Department of Defense could complete an additional background check. Objecting to this new policy, 10 non-citizen service members, represented by private counsel, filed this class-action lawsuit against the Department of Homeland Security, United States Citizenship and Immigration Services, and the Department of Defense. The complaint, filed May 24, 2017 in the United States District Court for the District of Columbia and assigned to Judge Ellen S. Huvelle, alleged that the Department of Homeland Security’s policy was in violation of the Administrative Procedure Act.

The plaintiffs had all joined the military through the MAVNI program (“Military Accessions Vital to the National Interest”), through which the Department of Defense enlisted non-citizen soldiers who had special medical or linguistic skills needed by the military. Under this program, which was authorized by 8 U.S.C. §1440, MAVNI soldiers qualified for an expedited pathway to U.S. citizenship; the military even contractually required MAVNI soldiers to apply for citizenship. This opportunity was a significant recruiting incentive.

When a soldier applied for expedited naturalization, the Department of Defense was required by law to certify the soldier’s honorable military service (using DHS Form N-426), after which the Department of Homeland Security would process the soldier’s naturalization application. The plaintiffs in this case had already received certification of their honorable military service; however, after issuing certification, the Department of Defense asked the Department of Homeland Security to delay the soldiers’ applications while it conducted further background checks and investigations.

When the Department of Homeland Security complied with this request, the resulting delay deprived the plaintiffs of the protections of citizenship that the statute was intended to provide for service members. The plaintiffs claimed that Congress had enacted the statute to make the naturalization process easier for soldiers, not harder, and that this enhanced background investigation process was directly contrary to congressional intent.

The plaintiffs sought a declaration that it was not lawful for the agencies to put applications on hold to conduct background checks. They sought an injunction compelling the Department of Homeland Security to promptly process applications (and to expedite applications which had already been delayed); barring the Department of Defense from further interference with the processing of applications; and prohibiting either agency from retaliating against the plaintiffs or members of the proposed class. They sought similar mandamus and Administrative Procedure Act relief. Finally, they sought attorneys’ fees and costs under the Equal Access to Justice Act.

The plaintiffs filed an amended complaint on August 4, 2017. On August 24, the court ordered the agencies to begin submitting weekly status reports.

On September 6, the court denied the plaintiffs’ motion for a preliminary injunction. Although they had demonstrated that the processing delay was causing them irreparable harm, they had failed to demonstrate a likelihood of success on the merits. Further, the plaintiffs’ irreparable harm did not outweigh the seriousness of the national security concerns presented by the agencies. 270 F. Supp. 3d 49.

On October 13, 2017, the Department of Defense further announced that it would “recall and de-certify” its honorable service certifications for service members who had not yet completed a background check. The plaintiffs filed a second amended complaint, objecting to this additional obstacle in the naturalization process.

The court granted class certification on October 27, 2017. 323 F.R.D. 28. The class consisted of MAVNI soldiers who had enlisted prior to October 13, 2017; had received an N-426 certifying their honorable service; and whose naturalization had been delayed or withheld because of the agencies’ new policies. The same day, the court granted the plaintiffs’ motion for a preliminary injunction, “for the reasons set forth in the Court’s opinion granting a preliminary injunction in Kirwa” (issued two days earlier). The injunction prevented the Department of Defense from recalling or de-certifying a soldier’s Form N-426 while awaiting the results of a background investigation.

On January 23, 2018, the court denied the agencies’ motion to dismiss. In an April 12, 2018 order, the court denied the plaintiffs’ motion for more extensive preliminary injunctive relief. The agencies were ordered to submit reports to the court every four weeks, and the case was referred to Magistrate Judge Robin M. Meriweather for further proceedings.

On June 20, 2018, the court denied another motion by the agencies for dismissal or for summary judgment. On July 16, 2018, the magistrate judge ordered the agencies to provide a redacted version of a confidential agency document that the plaintiffs sought in discovery. 314 F. Supp. 3d 238.

A year later, on May 22, 2019, the court granted partial summary judgment to the plaintiffs. Because the Department of Homeland Security’s “purported reasons” for delaying applications “[did] not comport with the evidence before the Court,” the court concluded that the policy of delay was “arbitrary and capricious in violation of the Administrative Procedure Act.” The court therefore vacated the MSSD portion of the delay policy (the MSSD was one of the key components of the background investigation). 385 F. Supp. 3d 44. In the same order, the court denied another motion by the defendants for summary judgment.

The court continued to require the agencies to provide regular reports regarding the number of naturalization applications processed and the time it took to process them.

On December 13, 2019, the case was referred to Magistrate Judge Michael Harvey for mediation.

On August 20, 2020, the court converted the preliminary injunction of October 27, 2017 into a permanent injunction. This ruling was based on the court’s May 22 decision vacating the MSSD requirement. The plaintiffs’ remaining claims were dismissed with prejudice and the case was closed; the court retained jurisdiction to enforce its orders.

Summary Authors

Gregory Marsh (8/29/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6121722/parties/nio-v-united-states-department-of-homeland-security/


Judge(s)

Huvelle, Ellen Segal (District of Columbia)

Meriweather, Robin Michelle (District of Columbia)

Raol, Neaha P (District of Columbia)

Wollenberg, Jennifer M (District of Columbia)

Attorneys(s) for Plaintiff

Baruch, Douglas W. (District of Columbia)

Beary, Webster R.M (District of Columbia)

Gates, Shaun A (District of Columbia)

Kaplan, Kayla M.S. (District of Columbia)

LoBue, Joseph J. (District of Columbia)

Perez, Elianis N. (District of Columbia)

Judge(s)

Huvelle, Ellen Segal (District of Columbia)

Meriweather, Robin Michelle (District of Columbia)

Raol, Neaha P (District of Columbia)

Wollenberg, Jennifer M (District of Columbia)

Attorneys(s) for Plaintiff

Baruch, Douglas W. (District of Columbia)

Beary, Webster R.M (District of Columbia)

Gates, Shaun A (District of Columbia)

Kaplan, Kayla M.S. (District of Columbia)

LoBue, Joseph J. (District of Columbia)

Perez, Elianis N. (District of Columbia)

St. Romain, Katherine L (District of Columbia)

Attorneys(s) for Defendant

Adebonojo, Kenneth (District of Columbia)

Kisor, Colin A. (District of Columbia)

Sheffield, Carlton F. (District of Columbia)

Vuong, Sarah Lake (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 20, 2020 Docket
1

Compaint

May 24, 2017 Complaint
61

Second Amended Class Action Complaint and Prayer and Prayer for Declaratory, Temporary, Preliminary and Permanent Injunctive, Administrative Procedure Act, and Mandamus Relief

Oct. 20, 2017 Pleading / Motion / Brief
73

Memorandum Opinion

Oct. 27, 2017 Order/Opinion
167

Memorandum Opinion

July 16, 2018 Order/Opinion
240

Memorandum Opinon and Order

March 4, 2019 Order/Opinion
249

Memorandum Opinion

385 F.Supp.3d 44

April 22, 2019 Order/Opinion

Resources

Title Description External URL

Nio Documents

MAVNI Federal Class Action Litigation

This page contains some of the useful documents relevant to MAVNIs in the Nio class. Click on the document title to open each document as a PDF. <br /> <br />Note that the updated email address to … July 27, 2020 https://dcfederalcourtmavniclasslitigation.org/nio_docs/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6121722/nio-v-united-states-department-of-homeland-security/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (INCLUDING CLASS ACTION) FOR DECLARATORY, PRELIMINARY AND PERMANENT INJUNCTIVE, ADMINISTRATIVE PROCEDURE ACT, AND MANDAMUS RELIEF against JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-4965078) filed by LUCAS CALIXTO, JAE SEONG PARK, SHU CHENG, YE LIU, WANJING LI, SEUNG JOO HONG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, KUSUMA NIO, EMEKA UDEIGWE, PRASHANTH BATCHU. (Attachments: # 1 Civil Cover Sheet, # 2 Summons UNITED STATES DEPARTMENT OF HOMELAND SECURITY, # 3 Summons JOHN KELLY, # 4 Summons UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, # 5 Summons JAMES MCCAMENT, # 6 Summons UNITED STATES DEPARTMENT OF DEFENSE, # 7 Summons JAMES MATTIS, # 8 Summons JEFF SESSIONS, UNITED STATES ATTORNEY GENERAL, # 9 Summons CHANNING D. PHILLIPS, UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA)(LoBue, Joseph) (Entered: 05/24/2017)

1 Civil Cover Sheet

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2 Summons UNITED STATES DEPARTMENT OF HOMELAND SECURITY

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3 Summons JOHN KELLY

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4 Summons UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

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5 Summons JAMES MCCAMENT

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6 Summons UNITED STATES DEPARTMENT OF DEFENSE

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7 Summons JAMES MATTIS

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8 Summons JEFF SESSIONS, UNITED STATES ATTORNEY GENERAL

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9 Summons CHANNING D. PHILLIPS, UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBI

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May 24, 2017 RECAP

Case Assigned to Judge Ellen S. Huvelle. (zsb)

May 25, 2017 PACER
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SUMMONS (8) Issued Electronically as to JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 05/25/2017)

May 25, 2017 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN KELLY served on 5/25/2017 (LoBue, Joseph) (Entered: 05/26/2017)

May 26, 2017 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 5/25/2017 (LoBue, Joseph) (Entered: 05/26/2017)

May 26, 2017 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF DEFENSE served on 5/25/2017 (LoBue, Joseph) (Entered: 05/26/2017)

May 26, 2017 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/25/2017. Answer due for ALL FEDERAL DEFENDANTS by 7/24/2017. (LoBue, Joseph) (Entered: 05/26/2017)

May 26, 2017 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/25/2017. (LoBue, Joseph) (Entered: 05/26/2017)

May 26, 2017 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 5/25/2017 (LoBue, Joseph) (Entered: 05/26/2017)

May 26, 2017 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JAMES MATTIS served on 5/25/2017 (LoBue, Joseph) (Entered: 05/26/2017)

May 26, 2017 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (LoBue, Joseph) (Entered: 05/26/2017)

May 26, 2017 PACER
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NOTICE of Appearance by Elianis N. Perez on behalf of All Defendants (Perez, Elianis) (Entered: 06/01/2017)

June 1, 2017 PACER
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NOTICE of Appearance by Sarah Lake Vuong on behalf of All Defendants (Vuong, Sarah) (Entered: 06/01/2017)

June 1, 2017 PACER
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NOTICE of Appearance by Douglas W. Baruch on behalf of All Plaintiffs (Baruch, Douglas) (Entered: 06/01/2017)

June 1, 2017 PACER
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NOTICE of Appearance by Jennifer M. Wollenberg on behalf of All Plaintiffs (Wollenberg, Jennifer) (Entered: 06/01/2017)

June 1, 2017 PACER
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NOTICE of Appearance by Kenneth A. Adebonojo on behalf of All Defendants (Adebonojo, Kenneth) (Entered: 06/05/2017)

June 5, 2017 PACER
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Unopposed MOTION for Relief Under Federal Rule of CIvil Procedure 5.2(c) by PRASHANTH BATCHU, LUCAS CALIXTO, SHU CHENG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, SEUNG JOO HONG, WANJING LI, YE LIU, KUSUMA NIO, JAE SEONG PARK, EMEKA UDEIGWE (Attachments: # 1 Text of Proposed Order)(LoBue, Joseph) (Entered: 06/26/2017)

June 26, 2017 PACER

MINUTE ORDER granting 16 Motion for Relief Under Federal Rule of Civil Procedure 5.2(c): Upon consideration of Plaintiffs' unopposed motion for relief under Federal Rule Civil Procedure 5.2(c) respectfully requesting (1) an Order from this Court instructing the Clerk of the Court to remove the remote electronic access limitations to the case file imposed by Rule 5.2(c); or in the alternative (2) an Order from this Court instructing the Clerk to re-designate the "Nature of Suit" to "Other Statutes: 890 Other Statutory Action," such that Rule 5.2(c) is not applicable, and defendants having no objection to the requested relief, and for good cause appearing, it is hereby ORDERED that the Plaintiffs' motion is GRANTED; and the Clerk of the Court is instructed to remove the remote electronic access limitations to the case file imposed by Rule 5.2(c). Signed by Judge Ellen S. Huvelle on June 27, 2017. (AG)

June 27, 2017 PACER
17

MOTION for Preliminary Injunction by PRASHANTH BATCHU, LUCAS CALIXTO, SHU CHENG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, SEUNG JOO HONG, WANJING LI, YE LIU, EMEKA UDEIGWE (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Declaration of Ye Liu, # 34 Declaration of Emeka Udeigwe, # 35 Declaration of Haendel Crist Calisto Alves De Almeida, # 36 Declaration of Prashanth Batchu, # 37 Declaration of Lucas Augusto Calixto, # 38 Declaration of Shu Cheng, # 39 Declaration of Seung Joo Hong, # 40 Declaration of Wanjing Li, # 41 Declaration of Jennifer M. Wollenberg, # 42 Text of Proposed Order)(LoBue, Joseph) Modified on 6/29/2017 to correct docket text (jf). (Entered: 06/28/2017)

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June 28, 2017 PACER
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ORDER re: plaintiffs' 17 Motion for Preliminary Injunction: defendants' opposition due by 5:00 p.m. on 7/7/17; plaintiffs' reply due by 5:00 p.m. on 7/12/17; Hearing set for 2:00 p.m. on 7/19/2017 in Courtroom 23A. The parties shall notify the Court consistent with LCvR 65.1(d) if they intend to offer live testimony at the hearing. See Order for details. Signed by Judge Ellen S. Huvelle on June 30, 2017. (lcesh1) (Main Document 18 replaced on 6/30/2017) (ztnr). (Entered: 06/30/2017)

June 30, 2017 PACER
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RESPONSE re 17 MOTION for Preliminary Injunction In Opposition filed by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit 1 - 2016 DoD Memo, # 2 Exhibit 2 - 2010 DoD Memo, # 3 Exhibit 3 - 2012 DoD Memo, # 4 Exhibit 4 - 2015 DoD Memo, # 5 Exhibit 5 - MAVNI Contract, # 6 Exhibit 6 - Renaud Declaration, # 7 Exhibit 7 - Miller Declaration, # 8 Exhibit 8 - Canty Declaration)(Perez, Elianis) (Entered: 07/07/2017)

1 Exhibit 1 - 2016 DoD Memo

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2 Exhibit 2 - 2010 DoD Memo

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3 Exhibit 3 - 2012 DoD Memo

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4 Exhibit 4 - 2015 DoD Memo

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5 Exhibit 5 - MAVNI Contract

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6 Exhibit 6 - Renaud Declaration

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7 Exhibit 7 - Miller Declaration

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8 Exhibit 8 - Canty Declaration

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July 7, 2017 RECAP
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NOTICE of Appearance by Colin Abbott Kisor on behalf of All Defendants (Kisor, Colin) (Entered: 07/10/2017)

July 10, 2017 PACER
21

REPLY to opposition to motion re 17 MOTION for Preliminary Injunction filed by PRASHANTH BATCHU, LUCAS CALIXTO, SHU CHENG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, SEUNG JOO HONG, WANJING LI, YE LIU, EMEKA UDEIGWE. (LoBue, Joseph) (Entered: 07/12/2017)

July 12, 2017 RECAP
22

ORDER directing defendants to file copies of certain documents by Monday, July 17, 2017, at 10 a.m. See order for details. Signed by Judge Ellen S. Huvelle on July 14, 2017. (AG) (Entered: 07/14/2017)

July 14, 2017 RECAP

Set/Reset Deadlines: Defendant shall file copies of any written documentation of the actions described in 23-26 of the Renaud Declaration due by 7/17/2017, by 10:00 AM. (gdf)

July 14, 2017 PACER
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RESPONSE TO ORDER OF THE COURT re 22 Order filed by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Vuong, Sarah) (Entered: 07/17/2017)

1 Exhibit A

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2 Exhibit B

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July 17, 2017 PACER
24

ORDER setting schedule for filing supplemental papers and setting status conference for August 23, 2017, at 2:00 p.m. See order for details. Signed by Judge Ellen S. Huvelle on July 18, 2017. (AG) (Entered: 07/19/2017)

July 19, 2017 PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Motion Hearing held on 7/19/2017 re 17 MOTION for Preliminary Injunction. Oral argument heard and motion taken under advisement. Status Conference set for 8/23/2017 at 2:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (Court Reporter Lisa Griffith) (gdf)

July 19, 2017 PACER

Set/Reset Deadlines/Hearings: Declaration due by 7/28/2017. Amended Complaint by 8/4/2017. Response due by 8/14/2017 Reply due by 8/18/2017. Status Conference set for 8/23/2017 at 02:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (gdf)

July 20, 2017 PACER
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RESPONSE TO ORDER OF THE COURT re 24 Order filed by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A - Renaud Declaration, # 2 Exhibit B - Miller Declaration, # 3 Exhibit C - Canty Declaration)(Perez, Elianis) (Entered: 07/28/2017)

July 28, 2017 PACER
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NOTICE of Supplemental Documentation by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 24 Order (Perez, Elianis) (Entered: 08/04/2017)

Aug. 4, 2017 PACER
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AMENDED COMPLAINT against All Defendants filed by LUCAS CALIXTO, JAE SEONG PARK, SHU CHENG, YE LIU, WANJING LI, SEUNG JOO HONG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, KUSUMA NIO, EMEKA UDEIGWE, PRASHANTH BATCHU.(LoBue, Joseph) (Entered: 08/04/2017)

Aug. 4, 2017 PACER
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RESPONSE TO ORDER OF THE COURT re 24 Order to File Revised Statement of Preliminary Relief filed by PRASHANTH BATCHU, LUCAS CALIXTO, SHU CHENG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, SEUNG JOO HONG, WANJING LI, YE LIU, EMEKA UDEIGWE. (LoBue, Joseph) (Entered: 08/04/2017)

Aug. 4, 2017 PACER
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ORDER re 25 defendants' Response to Order of the Court, directing defendants to supplement answers. See order for details. Signed by Judge Ellen S. Huvelle on August 8, 2017. (AG) (Entered: 08/08/2017)

Aug. 8, 2017 PACER
30

MOTION to Certify Class, MOTION to Appoint Counsel for Class by PRASHANTH BATCHU, LUCAS CALIXTO, SHU CHENG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, SEUNG JOO HONG, WANJING LI, YE LIU, EMEKA UDEIGWE (Attachments: # 1 Memorandum in Support of Motion for Class Certification and Appointment of Class Counsel, # 2 Exhibit 1, # 3 Declaration of Douglas Baruch, # 4 Text of Proposed Order)(LoBue, Joseph) (Entered: 08/11/2017)

Aug. 11, 2017 PACER
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Supplemental Memorandum in opposition to re 17 MOTION for Preliminary Injunction filed by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A - ICE DECLARATION, # 2 Exhibit B - 7.27.17 USCIS EMAIL)(Perez, Elianis) Modified event title on 8/15/2017 (nmw). (Entered: 08/14/2017)

Aug. 14, 2017 PACER
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MOTION for Extension of Time to File Response/Reply as to 30 MOTION to Certify Class MOTION to Appoint Counsel for Class by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit A - Pages 109 to 116 from 7/19/17 Hearing Transcript)(Perez, Elianis) (Entered: 08/18/2017)

Aug. 18, 2017 PACER
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SUPPLEMENTAL MEMORANDUM to re 17 MOTION for Preliminary Injunction filed by PRASHANTH BATCHU, LUCAS CALIXTO, SHU CHENG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, SEUNG JOO HONG, WANJING LI, YE LIU, EMEKA UDEIGWE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(LoBue, Joseph) (Entered: 08/18/2017)

Aug. 18, 2017 PACER
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TRANSCRIPT OF PROCEEDINGS before Judge Ellen S. Huvelle held on 7-19-17; Page Numbers: 1-114. Date of Issuance:8-21-17. Court Reporter/Transcriber Lisa Griffith, Telephone number (202) 354-3247, 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 9/11/2017. Redacted Transcript Deadline set for 9/21/2017. Release of Transcript Restriction set for 11/19/2017.(Griffith, Lisa) (Entered: 08/21/2017)

Aug. 21, 2017 PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 8/23/2017. Continuance oral argument heard on the 17 Motion for Preliminary Injunction, heard and taken under advisement. Order to be entered by chambers. (Court Reporter: Jeff Hook) (kh)

Aug. 23, 2017 PACER
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Plaintiff's exhibit list. (jl) (Entered: 08/23/2017)

Aug. 23, 2017 PACER

MINUTE ORDER granting 32 defendants' Motion for Extension of Time to File Response re 30 plaintiffs' MOTION to Certify Class and Appoint Class Counsel: As stated in open court on August 23, 2017, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendants' response is due by September 15, 2017; and it is further ORDERED that plaintiffs shall file their reply by 9/22/2017. Signed by Judge Ellen S. Huvelle on August 24, 2017. (AG)

Aug. 24, 2017 PACER
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ORDER setting deadlines and briefing schedule. Supplemental filings due from defendants on August 30, 2017. Motion to dismiss due by September 15, 2017; opposition due by 9/29/2017; reply due by October 6, 2017. Weekly status reports due from defendants starting on September 1, 2017. See order for details. Signed by Judge Ellen S. Huvelle on August 24, 2017. (AG) (Entered: 08/24/2017)

Aug. 24, 2017 PACER
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TRANSCRIPT OF PROCEEDINGS before Judge Ellen S. Huvelle held on August 23, 2017. Page Numbers: 1 - 108. Date of Issuance: August 24, 2017. Court Reporter: Jeff Hook. Contact Information: 202-354-3373 / jeff_hook@dcd.uscourts.gov. 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 purch ased 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 9/14/2017. Redacted Transcript Deadline set for 9/24/2017. Release of Transcript Restriction set for 11/22/2017.(Hook, Jeff) (Entered: 08/24/2017)

Aug. 24, 2017 PACER

Set/Reset Deadlines: Supplemental filings by 8/30/2017. Motion due by 9/15/2017. Response due by 9/29/2017 Reply due by 10/6/2017. Status Report due by 9/1/2017. (gdf)

Aug. 24, 2017 PACER
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NOTICE of Compliance by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 36 Order, (Vuong, Sarah) (Entered: 08/30/2017)

Aug. 30, 2017 PACER
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RESPONSE TO ORDER OF THE COURT re 36 Order, of August 24, 2017 filed by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Perez, Elianis) (Entered: 08/30/2017)

Aug. 30, 2017 PACER
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NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:17-cv-01793. (LoBue, Joseph) (Entered: 09/01/2017)

Sept. 1, 2017 PACER
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RESPONSE TO ORDER OF THE COURT re 36 Order, Weekly Status Report filed by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 09/01/2017)

Sept. 1, 2017 PACER
42

RESPONSE TO ORDER OF THE COURT re 36 Order, Amended Status Report filed by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 09/05/2017)

Sept. 5, 2017 PACER
43

ORDER denying 17 Plaintiffs' Motion for Preliminary Injunction for the reasons stated in an accompanying Memorandum Opinion (ECF No. 44 ). Signed by Judge Ellen S. Huvelle on September 6, 2017. (lcesh1, ) (Entered: 09/06/2017)

Sept. 6, 2017 PACER
44

MEMORANDUM OPINION supporting Order 43 denying Plaintiffs' motion for preliminary injunctive relief. Signed by Judge Ellen S. Huvelle on September 6, 2017. (lcesh1, ) (Entered: 09/06/2017)

Sept. 6, 2017 RECAP
45

RESPONSE TO ORDER OF THE COURT re 43 Order on Motion for Preliminary Injunction, 36 Order, filed by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 09/08/2017)

Sept. 8, 2017 PACER
46

ORDER directing defendants to respond to inquiries by September 22, 2017, see ORDER for details. Signed by Judge Ellen S. Huvelle on September 15, 2017.(lcesh1,) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
47

RESPONSE TO ORDER OF THE COURT re 43 Order on Motion for Preliminary Injunction, 36 Order, 9-15-17 WEEKLY REPORT filed by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
48

Memorandum in opposition to re 30 MOTION to Certify Class MOTION to Appoint Counsel for Class filed by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Kisor, Colin) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
49

MOTION to Dismiss Plaintiffs' Amended Complaint by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Perez, Elianis) (Entered: 09/15/2017)

Sept. 15, 2017 PACER

Set/Reset Deadlines: Responses due by 9/22/2017 (gdf)

Sept. 17, 2017 PACER
50

RESPONSE TO ORDER OF THE COURT re 43 Order on Motion for Preliminary Injunction, 36 Order, Defendants' Amended Weekly Status Report filed by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 09/18/2017)

Sept. 18, 2017 PACER
51

RESPONSE TO ORDER OF THE COURT re 43 Order on Motion for Preliminary Injunction, 46 Order, 36 Order, Weekly Status Report filed by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 09/22/2017)

Sept. 22, 2017 PACER
52

REPLY to opposition to motion re 30 MOTION to Certify Class MOTION to Appoint Counsel for Class filed by PRASHANTH BATCHU, LUCAS CALIXTO, SHU CHENG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, SEUNG JOO HONG, WANJING LI, YE LIU, EMEKA UDEIGWE. (Attachments: # 1 Exhibit A, # 2 Declaration of Douglas W. Baruch)(LoBue, Joseph) (Entered: 09/22/2017)

Sept. 22, 2017 PACER
53

NOTICE of similar cases in other judicial districts by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 52 Reply to opposition to Motion, (Kisor, Colin) (Entered: 09/25/2017)

Sept. 25, 2017 PACER

NOTICE OF ERROR re 51 Response to Order of the Court; emailed to elianis.perez@usdoj.gov, cc'd 16 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. In the future, begin using the event STATUS REPORT instead of Response to Order of the Court. (znmw, )

Sept. 25, 2017 PACER
54

STATUS REPORT by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Vuong, Sarah) (Entered: 09/29/2017)

Sept. 29, 2017 PACER
55

Memorandum in opposition to re 49 MOTION to Dismiss Plaintiffs' Amended Complaint filed by PRASHANTH BATCHU, LUCAS CALIXTO, SHU CHENG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, SEUNG JOO HONG, WANJING LI, YE LIU, KUSUMA NIO, JAE SEONG PARK, EMEKA UDEIGWE. (Attachments: # 1 Text of Proposed Order)(LoBue, Joseph) (Entered: 09/29/2017)

Sept. 29, 2017 PACER
56

STATUS REPORT by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 10/06/2017)

Oct. 6, 2017 PACER
57

REPLY to opposition to motion re 49 MOTION to Dismiss Plaintiffs' Amended Complaint filed by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 10/06/2017)

Oct. 6, 2017 PACER
58

STATUS REPORT by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Perez, Elianis) (Entered: 10/13/2017)

Oct. 13, 2017 PACER
59

RESPONSE re 58 Status Report, filed by PRASHANTH BATCHU, LUCAS CALIXTO, SHU CHENG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, SEUNG JOO HONG, WANJING LI, YE LIU, EMEKA UDEIGWE. (LoBue, Joseph) (Entered: 10/16/2017)

Oct. 16, 2017 PACER

MINUTE ORDER: It is hereby ORDERED that a status conference will be scheduled on October 18, 2017 at 2:30 PM in Courtroom 23A to discuss plaintiffs' request for permission to renew their Motion for Preliminary Injunction, at least in part, based on changed circumstances. Signed by Judge Ellen S. Huvelle on October 16, 2017. (lcesh1)

Oct. 16, 2017 PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 10/18/2017. Scheduling order to be entered via chambers. (Court Reporter Janice Dickman) (jl)

Oct. 18, 2017 PACER
60

ORDER setting briefing schedule discussed at Court's October 18, 2017 Hearing. See Order for details. Signed by Judge Ellen S. Huvelle on October 18, 2017. (lcesh1) (Entered: 10/18/2017)

Oct. 18, 2017 PACER

Set/Reset Deadlines: Amended Pleadings due by 10/20/2017. Motion for Preliminary Injunction due by 10/20/2017. Response due by 10/24/2017 Reply due by 10/26/2017. (gdf)

Oct. 19, 2017 PACER
61

AMENDED COMPLAINT SECOND against JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY filed by LUCAS CALIXTO, JAE SEONG PARK, SHU CHENG, YE LIU, WANJING LI, SEUNG JOO HONG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, KUSUMA NIO, EMEKA UDEIGWE, PRASHANTH BATCHU.(LoBue, Joseph) (Entered: 10/20/2017)

Oct. 20, 2017 RECAP
62

Amended MOTION to Certify Class and Appointment of Class Counsel by PRASHANTH BATCHU, LUCAS CALIXTO, SHU CHENG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, SEUNG JOO HONG, WANJING LI, YE LIU, EMEKA UDEIGWE (Attachments: # 1 Text of Proposed Order)(LoBue, Joseph) Modified on 10/20/2017 (zrdj). Modified to correct text on 10/20/2017 (ztd). Added MOTION to Appoint Class Counsel on 10/23/2017 (znmw). (Entered: 10/20/2017)

Oct. 20, 2017 PACER
63

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by PRASHANTH BATCHU, LUCAS CALIXTO, SHU CHENG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, SEUNG JOO HONG, WANJING LI, YE LIU, EMEKA UDEIGWE (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(LoBue, Joseph) (Entered: 10/20/2017)

Oct. 20, 2017 PACER
64

TRANSCRIPT OF PROCEEDINGS before Judge Ellen S. Huvelle held on October 18, 2017; Page Numbers: 1-41. Date of Issuance: October 20, 2017. Court Reporter/Transcriber Janice Dickman, Telephone number 202-354-3267, 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 11/10/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/18/2018.(Dickman, Janice) (Entered: 10/20/2017)

Oct. 20, 2017 PACER
65

STATUS REPORT by JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 10/20/2017)

Oct. 20, 2017 PACER
66

SUPPLEMENTAL MEMORANDUM to re 48 Memorandum in Opposition, to certify a class filed by L. FRANCIS CISSNA, ELAINE DUKE, JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Kisor, Colin) (Entered: 10/24/2017)

Oct. 24, 2017 PACER
67

RESPONSE re 63 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by L. FRANCIS CISSNA, ELAINE DUKE, JOHN KELLY, JAMES MATTIS, JAMES MCCAMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit 1, Renaud Declaration)(Perez, Elianis) (Entered: 10/24/2017)

Oct. 24, 2017 PACER

MINUTE ORDER Setting Hearing on Motion: It is hereby ORDERED that a hearing on 63 plaintiffs' motion for a temporary restraining order/preliminary injunction is set for 10/27/2017 at 11:00 AM in Courtroom 23A before Judge Ellen S. Huvelle. Signed by Judge Ellen S. Huvelle on October 24, 2017. (AG)

Oct. 24, 2017 PACER
68

REPLY to opposition to motion re 63 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by PRASHANTH BATCHU, LUCAS CALIXTO, SHU CHENG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, SEUNG JOO HONG, WANJING LI, YE LIU, EMEKA UDEIGWE. (LoBue, Joseph) (Entered: 10/26/2017)

Oct. 26, 2017 PACER
69

NOTICE of Supplemental Documentation by L. FRANCIS CISSNA, ELAINE DUKE, JAMES MATTIS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 67 Response to motion, (Attachments: # 1 Exhibit 2, Second Asher Declaration)(Perez, Elianis) (Entered: 10/26/2017)

Oct. 26, 2017 PACER
70

STATUS REPORT by L. FRANCIS CISSNA, ELAINE DUKE, JAMES MATTIS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 10/27/2017)

Oct. 27, 2017 PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Motion Hearing held on 10/27/2017 re 30 MOTION to Certify Class; 17 MOTION for Preliminary Injunction; 63 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . Order to follow. (Court Reporter: Catherine Jones.) (tj)

Oct. 27, 2017 PACER
71

ORDER setting 11/17/2017 as deadline for defendants to respond to the 61 Second Amended Complaint; denying as moot 30 plaintiffs' first Motion to Certify Class and 49 defendants' Motion to Dismiss the first amended complaint. Signed by Judge Ellen S. Huvelle on October 27, 2017. (AG) (Entered: 10/27/2017)

Oct. 27, 2017 PACER
72

ORDER granting 62 Motion to Certify Class; granting 62 Motion to Appoint Counsel, See ORDER for details. Signed by Judge Ellen S. Huvelle on October 27, 2017. (lcesh1) (Entered: 10/27/2017)

Oct. 27, 2017 PACER
73

MEMORANDUM OPINION granting class certification and appointing counsel. See Opinion and Accompanying Order, ECF No. 72 for details. Signed by Judge Ellen S. Huvelle on October 27, 2017. (lcesh1) (Entered: 10/27/2017)

Oct. 27, 2017 RECAP
74

ORDER denying 63 Motion for TRO as moot, and granting 63 Motion for Preliminary Injunction. See ORDER for details. Signed by Judge Ellen S. Huvelle on October 27, 2017. (lcesh1) (Entered: 10/27/2017)

Oct. 27, 2017 RECAP
75

TRANSCRIPT OF PROCEEDINGS before Judge Ellen S. Huvelle held on October 27, 2017; Page Numbers: 1 - 86. Court Reporter/Transcriber Cathryn Jones, Telephone number 2023543246, 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 11/21/2017. Redacted Transcript Deadline set for 12/1/2017. Release of Transcript Restriction set for 1/29/2018.(Jones, Cathryn) (Entered: 10/31/2017)

Oct. 31, 2017 PACER
76

NOTICE of correction by L. FRANCIS CISSNA, ELAINE DUKE, JAMES MATTIS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 64 Transcript,,,,, (Kisor, Colin) (Entered: 10/31/2017)

Oct. 31, 2017 PACER
77

STATUS REPORT by L. FRANCIS CISSNA, ELAINE DUKE, JAMES MATTIS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 11/03/2017)

Nov. 3, 2017 PACER
78

STATUS REPORT by L. FRANCIS CISSNA, ELAINE DUKE, JAMES MATTIS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 11/09/2017)

Nov. 9, 2017 PACER
79

STATUS REPORT by L. FRANCIS CISSNA, ELAINE DUKE, JAMES MATTIS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 11/17/2017)

Nov. 17, 2017 RECAP
80

MOTION to Dismiss For Failure to State a Claim by L. FRANCIS CISSNA, ELAINE DUKE, JAMES MATTIS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Perez, Elianis) (Entered: 11/17/2017)

Nov. 17, 2017 PACER
81

ADMINISTRATIVE RECORD INDEX by L. FRANCIS CISSNA, ELAINE DUKE, JAMES MATTIS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 11/17/2017)

Nov. 17, 2017 PACER
82

STATUS REPORT by L. FRANCIS CISSNA, ELAINE DUKE, JAMES MATTIS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 11/24/2017)

Nov. 24, 2017 PACER
83

STATUS REPORT by L. FRANCIS CISSNA, ELAINE DUKE, JAMES MATTIS, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Perez, Elianis) (Entered: 12/01/2017)

Dec. 1, 2017 PACER

MINUTE ORDER: It is hereby ORDERED that for all motions or briefings exceeding 25 pages, or otherwise including exhibits, counsel shall provide Chambers with two courtesy paper copies. All courtesy copies should be in 3-ring binders with tabbed exhibits and an exhibit list/table of contents. Signed by Judge Ellen S. Huvelle on December 1, 2017. (lcesh1)

Dec. 1, 2017 PACER
84

Memorandum in opposition to re 80 MOTION to Dismiss For Failure to State a Claim filed by PRASHANTH BATCHU, LUCAS CALIXTO, SHU CHENG, HAENDEL CRIST CALISTO ALVES DE ALMEIDA, SEUNG JOO HONG, WANJING LI, YE LIU, KUSUMA NIO, JAE SEONG PARK, EMEKA UDEIGWE. (Attachments: # 1 Text of Proposed Order)(LoBue, Joseph) (Entered: 12/01/2017)

Dec. 1, 2017 PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 24, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class of MAVNI soldiers who had received certification of their honorable service, but whose applications for naturalization were delayed by the Department of Homeland Security.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Department of Homeland Security, Federal

United States Citizenship and Immigration Services, Federal

United States Department of Defense, 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

Mandamus, 28 U.S.C. § 1361

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Reporting

Retaliation Prohibition

Issues

Type of Facility:

Government-run

Immigration/Border:

U.S. citizenship - acquiring