Case: Z.W. v. U.S. Department of Homeland Security

8:20-cv-01220 | U.S. District Court for the Central District of California

Filed Date: July 10, 2020

Closed Date: Oct. 1, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a lawsuit brought by several international students regarding the July 2020 release of ICE regulations which, in effect, meant that students on F-1 visas would risk deportation if their school shifted to online learning. On July 15, in a different lawsuit filed against the administration over the same July directive, plaintiffs met with counsel for the government and worked to get the regulations rescinded. In order to effectuate the rescission, ICE removed the guidanc…

COVID-19 Summary: This is a lawsuit brought by several international students regarding the July 2020 release of ICE regulations which, in effect, meant that students on F-1 visas would risk deportation if their school shifted to online learning. On July 15, in a different lawsuit filed against the administration over the same July directive, plaintiffs met with counsel for the government and worked to get the regulations rescinded. In order to effectuate the rescission, ICE removed the guidance from its website and replaced it with the previous guidance, but the plaintiffs filed an amended complaint that sought a formal declaration that the July 6 directive was improperly issued and an order that the government administer the student visa program in accordance with the March guidance for the duration of the emergency. The court found that the students' claims were mooted by the rescission and granted the government's motion to dismiss on October 1, 2020.


Background

Generally speaking, F-1 visas (colloquially "student visas") can be granted to international students who attend American universities. However, regulations on the granting of these visas limit the amount of online or distance learning the student can engage in. According to these regulations, an international student can engage in only one such class or three credits of that class per semester. 8 C.F.R. § 214.2(f)(6)(i)(G).

The COVID-19 outbreak in early 2020 made this regulation untenable, as schools and universities had to shift to online learning systems. In response, defendant ICE issued an exemption on March 13, 2020, affirming that international students would be permitted to continue distance learning in the United States under their F-1 visas. The exemption would apply until the end of the emergency. However, on July 6, 2020, ICE issued a new directive stating that it would rescind that exemption. This directive would then mean that international students at schools that would still be fully online would have to either transfer to other schools that were at least partially in-person, go back to their countries voluntarily, or risk deportation. The directive also ordered schools that had gone fully online or had simply decided not to have classes to submit an "operational change plan" within nine days, and ordered schools that would have a hybrid system to certify each F-1 student to make sure that they were not taking entirely online courses.

The Lawsuit

This lawsuit was filed in the U.S. District Court for the Central District of California on July 10, 2020, four days after the directive was issued. Plaintiffs were seven foreign nationals attending University of California schools at the post-graduate level. They were represented by Public Counsel and private attorneys. Defendants were the U.S. Department of Homeland Security and the U.S. Immigration and Customs Enforcement (ICE). The plaintiffs claimed that the new directive violated the Administrative Procedure Act in four ways: 1) the directive was arbitrary and capricious in that it failed to consider reliance interests of F-1 and M-1 visa holders; 2) the directive was arbitrary and capricious in that it failed to offer a reasoned basis to justify the policy; 3) defendants did not engage in notice-and-comment rulemaking when coming up with the new policy; and 4) the directive violated the Fifth Amendment in that it stripped plaintiffs of their visas without due process of law. Plaintiffs sought injunctive relief in the form of a temporary restraining order as well as preliminary and permanent injunctions prohibiting the agencies from enforcing the new directive. Plaintiffs also requested that the court vacate and set aside the new directive, in addition to declaratory relief and attorney's fees and costs. The case was assigned to Judge Cormac J. Carney and Magistrate Judge Karen E. Scott.

The students filed an application for a temporary restraining order on July 14.

Meanwhile, in a different lawsuit filed against the administration over the same directive, President and Fellows of Harvard College, the parties conferred and the defendants agreed to rescind their implementation of the directive and to return to the March policy.

On July 16, the parties filed a joint stipulation that stated the government agreed to rescind the July directive by removing it from its website and replacing it with the March guidance, which mooted the students original claims. However, in an amendment to the students' application for a temporary restraining order, they noted that despite the removal, the government failed to issue a formal statement of rescission or explanation and failed to issue a statement confirming that the March guidance would remain in effect for the duration of the emergency. They sought an order directing the government to administer the student visa program in accordance with the March guidance for the duration of the emergency.

The government filed a motion to dismiss and opposition to the students' application for a temporary restraining order. On August 3, the court denied the students' application for a temporary restraining order because the rescission satisfied much of the relief demanded by plaintiffs. The court also denied the government's motion to dismiss, allowing the students to amend their complaint to clarify the relief they continued to seek.

The students filed an amended complaint on August 14. The complaint reiterated their demands from the amended application for a temporary restraining order. They sought a declaration that the July 6 directive was improperly issued in violation of the APA and the plaintiffs' due process rights and a directive that the government administer the student visa program in accordance with the March guidance for the duration of the emergency. The government filed a motion to dismiss on August 28.

The court found that the students' claims were moot and granted the government's motion to dismiss on October 1, 2020.

Summary Authors

Jack Hibbard (7/13/2020)

Chandler Hart-McGonigle (11/29/2020)

Related Cases

President and Fellows of Harvard College v. U.S. Department of Homeland Security, District of Massachusetts (2020)

State of California v. U.S. Department of Homeland Security, Northern District of California (2020)

State of Washington v. United States Department of Homeland Security, Western District of Washington (2020)

Johns Hopkins University v. U.S. Department of Homeland Security, District of Columbia (2020)

The Regents of the University of California v. U.S. Department of Homeland Security, Northern District of California (2020)

University of Oregon v. United States Department of Homeland Security, District of Oregon (2020)

Commonwealth of Massachusetts et al v. United States Department of Homeland Security, District of Massachusetts (2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17341219/parties/zw-v-us-department-of-homeland-security/


Judge(s)

Carney, Cormac J. (California)

Scott, Karen E (California)

Attorneys(s) for Plaintiff

Caminker, Evan H. (California)

Carpenter, David R (California)

Gilford, Lisa (California)

Haddad, Mark E. (California)

Horth-Neubert, Stacy R. (California)

Rockwell, Sheri Porath (California)

Rosenbaum, Mark Dale (California)

Attorneys(s) for Defendant

Green, Paul Bartholomew (California)

Judge(s)

Carney, Cormac J. (California)

Scott, Karen E (California)

Attorneys(s) for Plaintiff

Caminker, Evan H. (California)

Carpenter, David R (California)

Gilford, Lisa (California)

Haddad, Mark E. (California)

Horth-Neubert, Stacy R. (California)

Rockwell, Sheri Porath (California)

Rosenbaum, Mark Dale (California)

Attorneys(s) for Defendant

Green, Paul Bartholomew (California)

Yang, Jasmin (California)

Documents in the Clearinghouse

Document

8:20-cv-01220

Docket [PACER]

Oct. 1, 2020

Oct. 1, 2020

Docket
1

8:20-cv-01220

Complaint for Injunctive and Declaratory Relief

July 10, 2020

July 10, 2020

Complaint
16

8:20-cv-01220

Plaintiffs' Application for Temporary Restraining Order; Memorandum of Points and Authorities in Support Thereof

July 14, 2020

July 14, 2020

Pleading / Motion / Brief
49

8:20-cv-01220

Proceedings: (In Chambers) Order Denying Plaintiffs' Application for Temporary Restraining Order [...]

Z.W. v. United States Department of Homeland Security

Aug. 3, 2020

Aug. 3, 2020

Order/Opinion
50

8:20-cv-01220

First Amended Complaint for Declaratory and Injunctive Relief

Aug. 14, 2020

Aug. 14, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17341219/zw-v-us-department-of-homeland-security/

Last updated Aug. 6, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: ACACDC-27161598 - Fee: $400, filed by Plaintiffs C. Y., A. G., X. Y., Z. L., DOES 1 through 50, M. X., W R., Z W.. (Attorney David R Carpenter added to party DOES 1 through 50(pty:pla), Attorney David R Carpenter added to party A. G.(pty:pla), Attorney David R Carpenter added to party Z. L.(pty:pla), Attorney David R Carpenter added to party W R.(pty:pla), Attorney David R Carpenter added to party Z W.(pty:pla), Attorney David R Carpenter added to party M. X. (pty:pla), Attorney David R Carpenter added to party C. Y.(pty:pla), Attorney David R Carpenter added to party X. Y.(pty:pla))(Carpenter, David) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

RECAP
2

CIVIL COVER SHEET filed by Plaintiffs DOES 1 through 50, A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Carpenter, David) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
3

* REQUEST TO ISSUE SUMMONS * filed as PROCESS RECEIPT AND RETURN (USM-285) of summons unexecuted re Complaint (Attorney Civil Case Opening),, 1 for U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Immigration and Customs Enforcement Matthew T. Albence, Acting Enforcement Director, Chad R Wolf., Acting Secretary, U.S. Department of Homeland Security (Carpenter, David) Modified on 7/10/2020 (esa). (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
4

NOTICE of Interested Parties filed by Plaintiffs DOES 1 through 50, A. G., Z. L., W R., Z W., M. X., C. Y., X. Y., (Carpenter, David) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
5

NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Karen E. Scott. (esa) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
6

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
7

60 DAY Summons issued re Complaint 1 as to defendants Matthew Albence, Chad R Wolf. (esa) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
8

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Evan Caminker. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
9

EX PARTE APPLICATION for Order for Leave to Proceed Under Fictitious Names and for Leave to File Under Seal Portions of the Declaration of Stacy Horth-Neubert filed by plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Horth-Neubert, Stacy) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

RECAP
10

DECLARATION of William Lacker re EX PARTE APPLICATION for Order for Leave to Proceed Under Fictitious Names and for Leave to File Under Seal Portions of the Declaration of Stacy Horth-Neubert 9 filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Horth-Neubert, Stacy) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

RECAP
11

DECLARATION of Stacy Horth-Neubert re EX PARTE APPLICATION for Order for Leave to Proceed Under Fictitious Names and for Leave to File Under Seal Portions of the Declaration of Stacy Horth-Neubert 9 filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Horth-Neubert, Stacy) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

RECAP
12

Notice of Appearance or Withdrawal of Counsel: for attorney Sheri Porath Rockwell counsel for Plaintiffs DOES 1 through 50, A. G., Z. L., W R., Z W., M. X., C. Y.. Adding Sheri Porath Rockwell as counsel of record for Plaintiffs for the reason indicated in the G-123 Notice. Filed by Plaintiff Sheri Porath Rockwell. (Attorney Sheri Porath Rockwell added to party DOES 1 through 50(pty:pla), Attorney Sheri Porath Rockwell added to party A. G.(pty:pla), Attorney Sheri Porath Rockwell added to party Z. L.(pty:pla), Attorney Sheri Porath Rockwell added to party W R.(pty:pla), Attorney Sheri Porath Rockwell added to party Z W.(pty:pla), Attorney Sheri Porath Rockwell added to party M. X. (pty:pla), Attorney Sheri Porath Rockwell added to party C. Y.(pty:pla))(Rockwell, Sheri) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
13

STIPULATION to Withdraw Motion EX PARTE APPLICATION for Order for Leave to Proceed Under Fictitious Names and for Leave to File Under Seal Portions of the Declaration of Stacy Horth-Neubert 9 filed by plaintiff A. G., Z. L., W R., Z W., M. X., C. Y., X. Y..(Horth-Neubert, Stacy) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

RECAP
14

EX PARTE APPLICATION to file document Declaration of Stacy Horth-Neubert under seal filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Attachments: # 1 Declaration of William Lacker, # 2 Declaration of Stacy Horth-Neubert, # 3 Proposed Order to Proceed Under Fictitious Names, # 4 Proposed Order to Documents Under Seal)(Horth-Neubert, Stacy) (Entered: 07/13/2020)

1 Declaration of William Lacker

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2 Declaration of Stacy Horth-Neubert

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3 Proposed Order to Proceed Under Fictitious Names

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4 Proposed Order to Documents Under Seal

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July 13, 2020

July 13, 2020

PACER
15

SEALED DECLARATION IN SUPPORT OF EX PARTE APPLICATION to file document Declaration of Stacy Horth-Neubert under seal 14 filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y..(Horth-Neubert, Stacy) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
16

APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP filed by Plaintiffs A. G., Z. L., W R., Z W.. (Carpenter, David) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

RECAP
17

NOTICE OF LODGING filed Proposed Orders re APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP 16 (Attachments: # 1 Proposed Order Granting Plaintiffs' Application For Temporary Restraining Order, # 2 Proposed Order To Show Cause As to Why A Preliminary Injunction Should Not Issue)(Carpenter, David) (Entered: 07/14/2020)

1 Proposed Order Granting Plaintiffs' Application For Temporary Restraining O

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2 Proposed Order To Show Cause As to Why A Preliminary Injunction Should Not Issue

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July 14, 2020

July 14, 2020

PACER
18

[EX PARTE APPLICATION TO SET STATUS CONFERENCE REGARDING PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING ORDER, filed as] EX PARTE APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Attachments: # 1 Proposed Order Granting Plaintiffs' Ex Parte Application For Status Conference Re Plaintiffs' Application for Temporary Restraining Order) (Carpenter, David) Modified on 7/15/2020 (twdb). (Entered: 07/14/2020)

1 Proposed Order Granting Plaintiffs' Ex Parte Application For Status Confere

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July 14, 2020

July 14, 2020

PACER
19

NOTICE filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. of Pendency of Other Actions or Proceedings (Carpenter, David) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

RECAP
20

DECLARATION of Sheri Porath Rockwell In Support of APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP 16 filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Attachments: # 1 Exhibit A to Rockwell Declaration, # 2 Exhibit B to Rockwell Declaration, # 3 Exhibit C to Rockwell Declaration, # 4 Exhibit D to Rockwell Declaration)(Carpenter, David) (Entered: 07/14/2020)

1 Exhibit A to Rockwell Declaration

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2 Exhibit B to Rockwell Declaration

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3 Exhibit C to Rockwell Declaration

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4 Exhibit D to Rockwell Declaration

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July 14, 2020

July 14, 2020

PACER
21

DECLARATION of Z.W. In Support of APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP 16 filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Carpenter, David) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
22

DECLARATION of C.Y. In Support of APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP 16 filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Carpenter, David) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
23

DECLARATION of X.Y. In Support of APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP 16 filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Carpenter, David) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
24

DECLARATION of A.G. In Support of APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP 16 filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Carpenter, David) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
25

DECLARATION of M.X. In Support of APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP 16 filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Carpenter, David) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
26

DECLARATION of Z.L. In Support of APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP 16 filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Carpenter, David) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
27

DECLARATION of W.R. In Support of APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP 16 filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Carpenter, David) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
28

DECLARATION of L. Song Richardson In Support of APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP 16 filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Carpenter, David) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
29

DECLARATION of Dr. Ranit Mishori In Support of APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP 16 filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Carpenter, David) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
30

DECLARATION of Sarah Zearfoss In Support of APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP 16 filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Carpenter, David) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
31

PROOF OF SERVICE filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y., re Declaration (Motion related) 28, Declaration (Motion related), 20, Declaration (Motion related) 24, Declaration (Motion related) 23, Declaration (Motion related) 25, Declaration (Motion related) 27, Declaration (Motion related) 26, Declaration (Motion related) 22, Declaration (Motion related) 21, Notice (Other) 19, Notice of Lodging, 17, Declaration (Motion related) 29, EX PARTE APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP 18, Declaration (Motion related) 30, APPLICATION for Temporary Restraining Order as to Defendants July 6 Guidance Re SEVP 16 served on July 14, 2020. (Carpenter, David) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

RECAP
32

MINUTES (IN CHAMBERS) by Judge Cormac J. Carney: ORDER DENYING PLAINTIFFS EX PARTE APPLICATION TO SET STATUS CONFERENCE [Dkt. 18 . The parties shall submit their proposed briefing schedule by Friday, July 17, 2020. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

RECAP
33

Notice of Appearance or Withdrawal of Counsel: for attorney Paul Bartholomew Green counsel for Defendants Matthew Albence, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad R Wolf. Adding Paul Bartholomew Green as counsel of record for U.S. Department of Homeland Security; U.S. Immigration and Customs Enforcement; Chad R. Wolf; and Matthew Albence for the reason indicated in the G-123 Notice. Filed by defendants U.S. Department of Homeland Security; U.S. Immigration and Customs Enforcement; Chad R. Wolf; and Matthew Albence. (Attorney Paul Bartholomew Green added to party Matthew Albence (pty:dft), Attorney Paul Bartholomew Green added to party U.S. Department of Homeland Security(pty:dft), Attorney Paul Bartholomew Green added to party U.S. Immigration and Customs Enforcement(pty:dft), Attorney Paul Bartholomew Green added to party Chad R Wolf(pty:dft))(Green, Paul) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
34

APPLICATION of Non-Resident Attorney Evan Caminker to Appear Pro Hac Vice on behalf of Plaintiffs DOES 1 through 50, A. G., Z. L., W R., Z W., M. X., C. Y., X. Y. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27239699) filed by Plaintiff DOES 1 through 50, A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Attachments: # 1 Proposed Order) (Attorney Sheri Porath Rockwell added to party X. Y.(pty:pla)) (Rockwell, Sheri) (Entered: 07/16/2020)

1 Proposed Order

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July 16, 2020

July 16, 2020

PACER
35

STIPULATION for Hearing re Stipulation Re Briefing Schedule on Plaintiffs' Application for Temporary Restraining Order filed by Plaintiff DOES 1 through 50, A. G., Z. L., W R., Z W., M. X., C. Y., X. Y..(Rockwell, Sheri) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

RECAP
36

Amended APPLICATION for Temporary Restraining Order filed by Plaintiff DOES 1 through 50, A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Rockwell, Sheri) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

RECAP
37

DECLARATION of David R. Carpenter In Support of Plaintiffs' Application for Temporary Restraining Order filed by Plaintiffs A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Rockwell, Sheri) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

RECAP
40

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Evan Caminker to Appear Pro Hac Vice on behalf of Plaintiffs DOES 1 through 50, A. G., Z. L., W R., Z W., M. X., C. Y., X. Y. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27239699) 34 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. See Instructions for Applicants (1) (G-64). (Thrasher, Lupe) (Entered: 07/19/2020)

July 16, 2020

July 16, 2020

PACER
38

PROOF OF SERVICE Executed by Plaintiff C. Y., A. G., X. Y., Z. L., DOES 1 through 50, M. X., W R., Z W., upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to David Hill. The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to DHS Office of General Counsel. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. Proof of Service of Summons & Complaint (Rockwell, Sheri) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

RECAP
39

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended APPLICATION for Temporary Restraining Order 36, Stipulation for Hearing 35 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
41

DECLARATION of Sheri Porath Rockwell re APPLICATION of Non-Resident Attorney Evan Caminker to Appear Pro Hac Vice on behalf of Plaintiffs DOES 1 through 50, A. G., Z. L., W R., Z W., M. X., C. Y., X. Y. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27239699) 34 Declaration of Sheri Porath Rockwell Attaching Exhibit in Support of Application of Non-Resident Attorney Evan Caminker to Appear in a Specific Case Pro Hac Vice filed by Plaintiffs DOES 1 through 50, A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Rockwell, Sheri) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
42

MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: ORDER SETTING BRIEFING SCHEDULE OR PLAINTIFFS' AMENDED APPLICATION FOR TEMPORARY RESTRAINING ORDER [Dkt. 36 ]. Opposition due 7/23/20. Reply due 7/30/20. After the briefing has been completed, the Court will schedule a hearing if necessary. (twdb) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

RECAP
43

ORDER by Judge Cormac J. Carney: Granting 34 Non-Resident Attorney Evan H. Caminker APPLICATION to Appear Pro Hac Vice on behalf of Z.W., C.Y., X.Y., A.G., M.X., Z.I., and W.R., Plaintiffs, designating Sheri Porath Rockwell as local counsel. (twdb) (Entered: 07/21/2020)

July 20, 2020

July 20, 2020

PACER
44

Notice of Appearance or Withdrawal of Counsel: for attorney Jasmin Yang counsel for Defendants Matthew Albence, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad R Wolf. Adding Jasmin Yang as counsel of record for United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad R. Wolf, and Matthew Albence for the reason indicated in the G-123 Notice. Filed by Defendants United States Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad Wolf, Matthew Albence. (Attorney Jasmin Yang added to party Matthew Albence (pty:dft), Attorney Jasmin Yang added to party U.S. Department of Homeland Security(pty:dft), Attorney Jasmin Yang added to party U.S. Immigration and Customs Enforcement(pty:dft), Attorney Jasmin Yang added to party Chad R Wolf(pty:dft))(Yang, Jasmin) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
45

NOTICE OF MOTION AND MOTION to Dismiss Case and OPPOSITION to Plaintiffs' Application for a Temporary Restraining Order filed by Defendants Matthew Albence, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad R Wolf. Motion set for hearing on 8/24/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Proposed Warrant) (Green, Paul) (Entered: 07/23/2020)

1 Proposed Warrant

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July 23, 2020

July 23, 2020

RECAP
46

NOTICE of Supplemental Authority in Support of Motion to Dismiss Plaintiffs' Complaint and in Opposition to Plaintiffs' Application for a Temporary Restraining Order filed by defendants Matthew Albence, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad R Wolf. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Green, Paul) (Entered: 07/27/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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July 27, 2020

July 27, 2020

RECAP
47

PROOF OF SERVICE Executed by Plaintiff C. Y., A. G., X. Y., Z. L., DOES 1 through 50, M. X., W R., Z W., upon Defendant All Defendants. Service of the Summons and Complaint were Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. Proof of Service on US Attorney General & US Attorney's Office - Central District of California (Rockwell, Sheri) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

RECAP
48

Opposition Motion to Dismiss re: NOTICE OF MOTION AND MOTION to Dismiss Case and OPPOSITION to Plaintiffs' Application for a Temporary Restraining Order 45 Plaintiffs' Opposition to Motion to Dismiss and Response to Reapplication for Temporary Restraining Order filed by Plaintiffs DOES 1 through 50, A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Rockwell, Sheri) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

RECAP
49

MINUTES (IN CHAMBERS) by Judge Cormac J. Carney: ORDER DENYING PLAINTIFFS APPLICATION FOR TEMPORARY RESTRAINING ORDER [Dkt. 16 AND AMENDED APPLICATION FOR TEMPORARY RESTRAINING ORDER [Dkt. 36 AND DENYING WITHOUT PREJUDICE DEFENDANTS MOTION TO DISMISS [Dkt. 45 . Plaintiffs are hereby ORDERED to file an amended pleading that sets forth the relief they continue to seek by August 14, 2020. The hearing on Defendants motion set for August 24, 2020 is hereby vacated and taken off calendar. (twdb) (Entered: 08/04/2020)

Aug. 3, 2020

Aug. 3, 2020

RECAP
50

First AMENDED COMPLAINT against Defendant All Defendants amending Complaint (Attorney Civil Case Opening),, 1, filed by Plaintiff C. Y., A. G., X. Y., Z. L., DOES 1 through 50, M. X., W R., Z W.(Rockwell, Sheri) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

RECAP
51

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Matthew Albence, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad R Wolf. Motion set for hearing on 9/28/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Proposed Order) (Green, Paul) (Entered: 08/28/2020)

1 Proposed Order

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Aug. 28, 2020

Aug. 28, 2020

PACER
52

Joint STIPULATION for Extension of Time to File : Joint Stipulation Extending Briefing Schedule and Continuing Hearing on Defendants' Motion to Dismiss; Declaration of David R. Carpenter filed by Plaintiff DOES 1 through 50, A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Attachments: # 1 Proposed Order)(Rockwell, Sheri) (Entered: 09/02/2020)

1 Proposed Order

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Sept. 2, 2020

Sept. 2, 2020

PACER
53

ORDER EXTENDING BRIEFING SCHEDULE AND CONTINUING HEARING ON DEFENDANTS' MOTION TO DISMISS 52 by Judge Cormac J. Carney. Plaintiffs' deadline to file any opposition to the Motion shall be moved to Thursday, September 10, 2020; Defendants' deadline to file any reply papers in support of the Motion shall bemoved to Monday, September 21, 2020; The hearing on the motion shall be continued to Monday, October 5, 2020 at 1:30 p.m. (iv) (Entered: 09/04/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
54

Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case 51 Plaintiffs' Opposition to Motion to Dismiss Amended Complaint filed by Plaintiffs DOES 1 through 50, A. G., Z. L., W R., Z W., M. X., C. Y., X. Y.. (Rockwell, Sheri) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
55

REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case 51 filed by Defendants Matthew Albence, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad R Wolf. (Green, Paul) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
56

ORDER GRANTING DEFENDANTS MOTION TO DISMISS 14 by Judge Cormac J. Carney : The Court finds that Plaintiffs claims are moot, and the Governments motion is GRANTED.( MD JS-6. Case Terminated ) (lc) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: July 10, 2020

Closing Date: Oct. 1, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Seven unnamed UC post-grad students

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Counsel

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Homeland Security, Federal

United States Immigration and Customs Enforcement, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

School/University Facilities

School/University policies

COVID-19:

Mitigation Denied

Mitigation Requested

Immigration/Border:

Admission - criteria

Admission - procedure

Deportation - criteria

Deportation - procedure

Visas - criteria

Visas - procedures