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Case: Casa de Maryland v. Wolf

8:20-cv-02118 | U.S. District Court for the District of Maryland

Filed Date: July 21, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the legality of two rules issued by the Department of Homeland Security in June 2020 that would delay or eliminate employment authorization documents (EADs) for asylum seekers beginning in August 2020. On July 21, 2020, five nonprofit legal services organizations filed this lawsuit against the U.S. Department of Homeland Security and its Secretary in the U.S. District Court for the District of Maryland. The organizations sued under the Administrative Procedure Act (APA) (5 …

This is a case about the legality of two rules issued by the Department of Homeland Security in June 2020 that would delay or eliminate employment authorization documents (EADs) for asylum seekers beginning in August 2020. On July 21, 2020, five nonprofit legal services organizations filed this lawsuit against the U.S. Department of Homeland Security and its Secretary in the U.S. District Court for the District of Maryland. The organizations sued under the Administrative Procedure Act (APA) (5 U.S.C. § 701) and sought injunctive relief and vacatur of the rules.

During the lengthy application process for asylum in the U.S., the government does not provide any economic or legal support to refugee applicants. Instead, EADs are often the sole opportunity for a refugee to earn an income and the only form of government-issued photo identification. EADs are therefore crucial for securing basic needs—such as housing, food, medical care, or legal counsel—and proving an individual’s status as an asylum applicant. The organizations alleged that the new rules would complicate the EAD application process by repealing the requirement that DHS approve or deny EAD applications within 30 days of its filing, thereby delaying or eliminating some applicants’ access to work authorizations. The organizations further alleged that the two rules violated the APA by 1) failing to consider the Refugee Act of 1980, which allows refugees to apply for asylum in the U.S. 2) preventing the public from commenting on the proposed rules, 3) failing to reasonably explain the need for the new rules, and 4) acting through the Acting Secretary of Homeland Security, who had not been confirmed by the Senate.

This case was assigned to Judge Paula Xinis. On July 24, 2020, the legal services organizations filed motions for a preliminary injunction and to stay implementation of the rules. On September 11, 2020, the court filed a memorandum opinion and order granting in part and denying in part the organizations’ motion for a preliminary injunction. The court preliminarily enjoined DHS from enforcing a subset of the rules, including the repeal of the 30-day processing requirement and other changes to the application process, against members of the organizations. But the court also declined to stay implementation of the rules while the case proceeded. Casa de Md., Inc. v. Mayorkas, 486 F. Supp. 3d 928 (D. Md. 2020).  For more information on the preliminary injunction, see here.

The government filed an interlocutory appeal, but later withdrew it. The government then requested that the case be placed in abeyance, because the two rules at issue were under review pursuant to in section 3(b) of Executive Order 14,012, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” 86 Fed. Reg. 8,277 (Feb. 5, 2021).

On February 7, 2022, in a different case, Asylumworks v. Mayorkas, No. 1:20-cv-03815-BAH (D.D.C.), the District Court entered an order vacating the relevant regulations. The government in this case argued that that order obviated the need for the preliminary injunction here, and more generally mooted the case; the plaintiffs disagreed. 

On April 12, 2022, the Court denied several pending Motions for Summary Judgment as moot. The parties continue to disagree about the need for ongoing litigation; defendants filed a motion to pause the case on August 26, 2022. 

On September 21, 2022, the government announced that the next day it would formally remove the challenged regulatory text and restore the regulatory provisions as they had previously appeared. 

This case remains open. 

Summary Authors

Zofia Peach (10/9/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17368237/parties/casa-de-maryland-inc-v-wolf/


Judge(s)

Xinis, Paula (Maryland)

Attorneys(s) for Plaintiff

Austin, Kathryn (New York)

Castillo, Geroline (New York)

Cox, Justin Bryan (Georgia)

Cruz, Conchita (New York)

Evall, Joseph (New York)

Evarts, Linda (New York)

Hirose, Mariko (New York)

Manfredi, Zachary (New York)

Mark, Richard (New York)

Judge(s)

Xinis, Paula (Maryland)

Attorneys(s) for Plaintiff

Austin, Kathryn (New York)

Castillo, Geroline (New York)

Cox, Justin Bryan (Georgia)

Cruz, Conchita (New York)

Evall, Joseph (New York)

Evarts, Linda (New York)

Hirose, Mariko (New York)

Manfredi, Zachary (New York)

Mark, Richard (New York)

Marquart, Katherine (California)

Moreno, Dennis (New York)

Attorneys(s) for Defendant

Andersen, Jane Elizabeth (Maryland)

Other Attorney(s)

Hu, Xiaonan April (District of Columbia)

Jones, Robert Stanton (District of Columbia)

Levitz, Phillip J (New York)

Rock, Jimmy (District of Columbia)

Sweeney, Maureen A. (Maryland)

Zolle, Dayna J (District of Columbia)

Zwick, Keren Hart (Illinois)

Documents in the Clearinghouse

Document

8:20-cv-02118

Docket [PACER]

Casa De Maryland, Inc. v. Wolf

Oct. 9, 2020

Oct. 9, 2020

Docket
1

8:20-cv-02118

Complaint

July 21, 2020

July 21, 2020

Complaint
70

8:20-cv-02118

Order

Sept. 11, 2020

Sept. 11, 2020

Order/Opinion
69

8:20-cv-02118

Memorandum Opinion

Sept. 11, 2020

Sept. 11, 2020

Order/Opinion
106

8:20-cv-02118

Joint Status Report

Casa De Maryland, Inc. v. Mayorkas

April 16, 2021

April 16, 2021

Pleading / Motion / Brief
170

8:20-cv-02118

Order

Casa De Maryland, Inc. v. Mayorkas

April 12, 2022

April 12, 2022

Order/Opinion
171

8:20-cv-02118

Joint Status Report and Stipulation [And Proposed Order]

Casa De Maryland, Inc. v. Mayorkas

May 9, 2022

May 9, 2022

Pleading / Motion / Brief
173

8:20-cv-02118

Joint Status Report and Stipulation [and Proposed Order]

Casa De Maryland, Inc. v. Mayorkas

June 6, 2022

June 6, 2022

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17368237/casa-de-maryland-inc-v-wolf/

Last updated Sept. 23, 2022, 10:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory & Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0416-8764158.), filed by Casa De Maryland, Inc., Asylum Seeker Advocacy Project, Oasis Legal Services, Pangea Legal Services, Centro Legal de la Raza. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Cox, Justin) (Entered: 07/21/2020)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

July 21, 2020

July 21, 2020

Clearinghouse
2

MOTION to Appear Pro Hac Vice for Mariko Hirose (Filing fee $100, receipt number 0416-8764245.) by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services (Cox, Justin) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
3

MOTION to Appear Pro Hac Vice for Kathryn S. Austin (Filing fee $100, receipt number 0416-8764458.) by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services (Cox, Justin) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
4

Summons Issued 60 days as to U.S. Department of Homeland Security, Chad F. Wolf, U.S. Attorney and U.S. Attorney General(ybs, Deputy Clerk) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
5

Local Rule 103.3 Disclosure Statement by Casa De Maryland, Inc. (Cox, Justin) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
6

Local Rule 103.3 Disclosure Statement by Asylum Seeker Advocacy Project (Cox, Justin) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
7

Local Rule 103.3 Disclosure Statement by Centro Legal de la Raza (Cox, Justin) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
8

Local Rule 103.3 Disclosure Statement by Oasis Legal Services (Cox, Justin) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
9

Local Rule 103.3 Disclosure Statement by Pangea Legal Services (Cox, Justin) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
10

MOTION to Appear Pro Hac Vice for Conchita Cruz (Filing fee $100, receipt number 0416-8767266.) by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services (Cox, Justin) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
11

MOTION to Appear Pro Hac Vice for Zachary Manfredi (Filing fee $100, receipt number 0416-8767296.) by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services (Cox, Justin) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
12

MOTION to Appear Pro Hac Vice for Richard W. Mark (Filing fee $100, receipt number 0416-8768757.) by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services (Cox, Justin) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
13

MOTION to Appear Pro Hac Vice for Joseph Evall (Filing fee $100, receipt number 0416-8768762.) by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services (Cox, Justin) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
14

MOTION to Appear Pro Hac Vice for Katherine Marquart (Filing fee $100, receipt number 0416-8768766.) by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services (Cox, Justin) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
15

PAPERLESS ORDER granting 2 Motion to Appear Pro Hac Vice on behalf of Mariko Hirose. Directing attorney Mariko Hirose to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 7/23/2020. (srds, Deputy Clerk) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
16

PAPERLESS ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of Kathryn Shu-yeng Austin. Directing attorney Kathryn Shu-yeng Austin to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 7/23/2020. (srds, Deputy Clerk) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
17

PAPERLESS ORDER granting 10 Motion to Appear Pro Hac Vice on behalf of Conchita Cruz. Directing attorney Conchita Cruz to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/23/2020. (srds, Deputy Clerk) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
18

PAPERLESS ORDER granting 11 Motion to Appear Pro Hac Vice on behalf of Zachary Manfredi. Directing attorney Zachary Manfredi to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/23/2020. (srds, Deputy Clerk) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
19

PAPERLESS ORDER granting 12 Motion to Appear Pro Hac Vice on behalf of Richard W. Mark. Directing attorney Richard W. Mark to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/23/2020. (srds, Deputy Clerk) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
20

PAPERLESS ORDER granting 13 Motion to Appear Pro Hac Vice on behalf of Joseph Evall. Directing attorney Joseph Evall to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/23/2020. (srds, Deputy Clerk) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
21

PAPERLESS ORDER granting 14 Motion to Appear Pro Hac Vice on behalf of Katherine Marquart. Directing attorney Katherine Marquart to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/23/2020. (srds, Deputy Clerk) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
22

MOTION to Appear Pro Hac Vice for Geroline A. Castillo (Filing fee $100, receipt number 0416-8771790.) by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services (Cox, Justin) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
23

MOTION for Preliminary Injunction, MOTION to Stay Effective Dates Under 5 U.S.C. 705 by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services (Attachments: # 1 Memorandum in Support, # 2 Index of Exhibits)(Hirose, Mariko) (Entered: 07/24/2020)

1 Memorandum in Support

View on RECAP

2 Index of Exhibits

View on PACER

July 24, 2020

July 24, 2020

PACER
24

AFFIDAVIT re 23 MOTION for Preliminary Injunction MOTION to Stay Effective Dates Under 5 U.S.C. 705 by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services (Attachments: # 1 Exhibit Summary Table, # 2 Exhibit Timeline Repeal Rule, # 3 Exhibit Broader EAD Rule, # 4 Exhibit CASA Declaration, # 5 Exhibit ASAP Declaration, # 6 Exhibit Centro Legal Declaration, # 7 Exhibit Oasis Declaration, # 8 Exhibit Pangea Declaration, # 9 Exhibit Donald J. Trump Memorandum, # 10 Exhibit Martin Article (1995), # 11 Exhibit Martin Article (2000), # 12 Exhibit Martin Article (1990), # 13 Exhibit CIS Ombudsman Annual Report, # 14 Exhibit Nielsen Resignation Letter, # 15 Exhibit DHS Orders of Succession, # 16 Exhibit Executive Order 13753, # 17 Exhibit Amendment to DHS Order of Succession, # 18 Exhibit NIJC Comment, # 19 Exhibit IJN Comment, # 20 Exhibit State Comment, # 21 Exhibit City of New York Comment, # 22 Exhibit Members of Congress Comment, # 23 Exhibit LSS-NY Comment, # 24 Exhibit MIRC Comment, # 25 Exhibit RAICES Comment, # 26 Exhibit McLaughlin Comment)(Hirose, Mariko) (Entered: 07/24/2020)

1

View on RECAP

2

View on RECAP

5

View on RECAP

July 24, 2020

July 24, 2020

PACER
25

PAPERLESS NOTICE: A recorded conference call has been scheduled for July 27, 2020 at 1:00 p.m. Instructions were emailed to the Parties. (tb2s, Chambers) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
26

NOTICE of Appearance by Jane Elizabeth Andersen on behalf of All Defendants (Andersen, Jane) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
27

CERTIFICATE OF SERVICE by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services re 24 Affidavit,,,, 23 MOTION for Preliminary Injunction MOTION to Stay Effective Dates Under 5 U.S.C. 705 (Hirose, Mariko) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
28

SCHEDULING ORDER: a virtual hearing is scheduled for August 11, 2020 at 11:00 am. Signed by Judge Paula Xinis on 7/27/2020. (ybs, Deputy Clerk) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

RECAP
29

Amended SCHEDULING ORDER:a virtual hearing is scheduled for August 14, 2020 at 11:00 am. Signed by Judge Paula Xinis on 7/27/2020. (ybs, Deputy Clerk) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

RECAP
30

CERTIFICATE OF SERVICE by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services re 5 Local Rule 103.3 Disclosure Statement, 8 Local Rule 103.3 Disclosure Statement, 12 MOTION to Appear Pro Hac Vice for Richard W. Mark (Filing fee $100, receipt number 0416-8768757.), 7 Local Rule 103.3 Disclosure Statement, 13 MOTION to Appear Pro Hac Vice for Joseph Evall (Filing fee $100, receipt number 0416-8768762.), 2 MOTION to Appear Pro Hac Vice for Mariko Hirose (Filing fee $100, receipt number 0416-8764245.), 11 MOTION to Appear Pro Hac Vice for Zachary Manfredi (Filing fee $100, receipt number 0416-8767296.), 3 MOTION to Appear Pro Hac Vice for Kathryn S. Austin (Filing fee $100, receipt number 0416-8764458.), 9 Local Rule 103.3 Disclosure Statement, 6 Local Rule 103.3 Disclosure Statement, 14 MOTION to Appear Pro Hac Vice for Katherine Marquart (Filing fee $100, receipt number 0416-8768766.), 22 MOTION to Appear Pro Hac Vice for Geroline A. Castillo (Filing fee $100, receipt number 0416-8771790.), 10 MOTION to Appear Pro Hac Vice for Conchita Cruz (Filing fee $100, receipt number 0416-8767266.) (Hirose, Mariko) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
31

MOTION to Appear Pro Hac Vice for Philip J. Levitz (Filing fee $100, receipt number 0416-8782266.) by District of Columbia, State of New York(Rock, Jimmy) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
32

SUMMONS Returned Executed by Asylum Seeker Advocacy Project, Oasis Legal Services, Pangea Legal Services, Casa De Maryland, Inc., Centro Legal de la Raza. U.S. Department of Homeland Security served on 7/22/2020, answer due 9/21/2020; Chad F. Wolf served on 7/22/2020, answer due 9/21/2020.(Hirose, Mariko) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
33

SUMMONS Returned Executed by Asylum Seeker Advocacy Project, Oasis Legal Services, Pangea Legal Services, Casa De Maryland, Inc., Centro Legal de la Raza. All Defendants.(Hirose, Mariko) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
34

PAPERLESS ORDER granting 22 Motion to Appear Pro Hac Vice on behalf of Geroline A Castillo. Directing attorney Geroline A Castillo to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/31/2020. (srds, Deputy Clerk) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
35

PAPERLESS ORDER granting 31 Motion to Appear Pro Hac Vice on behalf of Philip J Levitz. Directing attorney Philip J Levitz to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/31/2020. (srds, Deputy Clerk) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
36

Final MOTION to Appear Pro Hac Vice for Xiaonan April Hu (Filing fee $100, receipt number 0416-8787469.) by KIND (Kids In Need of Defense)(Moreno, Gabriel) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
37

Final MOTION to Appear Pro Hac Vice for Keren Hart Zwick (Filing fee $100, receipt number 0416-8787836.) by KIND (Kids In Need of Defense) (Attachments: # 1 Attachment Attachment in Response to paragraph 2.)(Moreno, Gabriel) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
38

MOTION for Leave to File Amicus Curiae Brief by Constitutional Accountability Center (Attachments: # 1 Attachment Amicus Brief)(Zolle, Dayna) (Entered: 08/03/2020)

1 Attachment Amicus Brief

View on RECAP

Aug. 3, 2020

Aug. 3, 2020

PACER
39

MOTION for Leave to File Amicus Curiae Brief by KIND (Kids In Need of Defense) (Attachments: # 1 Attachment Amicus Curiae Brief by Nonprofit Immigration Advocates and Legal and Social Service Providers, # 2 Attachment Proposed Order)(Moreno, Gabriel) (Entered: 08/03/2020)

1 Attachment Amicus Curiae Brief by Nonprofit Immigration Advocates and Legal and

View on RECAP

2 Attachment Proposed Order

View on PACER

Aug. 3, 2020

Aug. 3, 2020

PACER
40

MOTION for Leave to File Amicus Curiae Brief by Morton Rosenberg (Attachments: # 1 Attachment Amicus Brief)(Jones, Robert Stanton) (Entered: 08/03/2020)

1 Attachment Amicus Brief

View on PACER

Aug. 3, 2020

Aug. 3, 2020

PACER
41

RESPONSE in Opposition re 23 MOTION for Preliminary Injunction MOTION to Stay Effective Dates Under 5 U.S.C. 705 filed by U.S. Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Affidavit Juliana Blackwell, # 2 Affidavit Neal Swartz)(Andersen, Jane) (Entered: 08/03/2020)

1 Affidavit Juliana Blackwell

View on RECAP

2 Affidavit Neal Swartz

View on RECAP

Aug. 3, 2020

Aug. 3, 2020

RECAP
42

MOTION for Leave to File Amici Curiae Brief by District of Columbia, State of New York (Attachments: # 1 Attachment Brief for States and Localities as Amici Curiae)(Levitz, Philip) (Entered: 08/03/2020)

1 Attachment Brief for States and Localities as Amici Curiae

View on RECAP

Aug. 3, 2020

Aug. 3, 2020

PACER
43

NOTICE of Appearance by Oxfam America, University of Maryland Carey Immigration Clinic(Sweeney, Maureen) Modified on 8/4/2020 (ybs, Deputy Clerk). (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
44

MOTION for Leave to File amicus brief in support of Plaintiffs motion for a preliminary injunction. by Oxfam America, University of Maryland Carey Immigration Clinic(Sweeney, Maureen) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
45

NOTICE by U.S. Department of Homeland Security, Chad F. Wolf of Supplemental Authority (Andersen, Jane) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

RECAP
46

NOTICE of Appearance by Dennise Moreno on behalf of All Plaintiffs (Moreno, Dennise) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
47

REPLY to Response to Motion re 23 MOTION for Preliminary Injunction MOTION to Stay Effective Dates Under 5 U.S.C. 705 filed by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services.(Hirose, Mariko) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

RECAP
48

PAPERLESS ORDER granting 36 Motion to Appear Pro Hac Vice on behalf of Xiaonan April Hu. Directing attorney Xiaonan April Hu to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 8/10/2020. (srds, Deputy Clerk) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
49

PAPERLESS ORDER granting 37 Motion to Appear Pro Hac Vice on behalf of Keren Zwick. Directing attorney Keren Zwick to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 8/10/2020. (srds, Deputy Clerk) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
50

NOTICE by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services - Notice of Additional Authority (Attachments: # 1 La Clinica Decision)(Mark, Richard) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
51

NOTICE by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services of Supplemental Authority (Attachments: # 1 Attachment GAO Decision dated August 14, 2020)(Cox, Justin) (Entered: 08/14/2020)

1 Attachment GAO Decision dated August 14, 2020

View on PACER

Aug. 14, 2020

Aug. 14, 2020

RECAP
52

Motions Hearing held on 8/14/2020 before Judge Paula Xinis. (Court Reporter: Marlene Kerr-via Zoom) (ss5s, Deputy Clerk) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
53

LETTER ORDER directing parties to submit pleadings on or before August 21, 2020. Signed by Judge Paula Xinis on 8/14/2020. (ybs, Deputy Clerk) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

RECAP
54

Substantive legal issues - addressing (Attachments: # 1 Text of Proposed Order Proposed Order)(Hirose, Mariko) (Entered: 08/17/2020)

1 Text of Proposed Order Proposed Order

View on RECAP

Aug. 17, 2020

Aug. 17, 2020

RECAP
55

RESPONSE re 53 Order filed by U.S. Department of Homeland Security, Chad F. Wolf.(Andersen, Jane) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
56

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/14/2020, before Judge Paula Xinis. Court Reporter/Transcriber Marlene Kerr, Telephone number 3013443499. Total number of pages filed: 100. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 9/8/2020. Redacted Transcript Deadline set for 9/18/2020. Release of Transcript Restriction set for 11/16/2020.(mmk, Court Reporter) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
57

MOTION for Leave to File Excess Pages by U.S. Department of Homeland Security, Chad F. Wolf(Andersen, Jane) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
58

PAPERLESS ORDER GRANTING 57 Motion for Leave to File Excess Pages. Signed by Judge Paula Xinis on 8/21/2020. (tb2s, Chambers) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
59

Substantive legal issues - addressing (Moreno, Dennise) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP
60

RESPONSE re 53 Order and in Further Opposition to Plainitffs' Motion for a Preliminary Injunction filed by U.S. Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Andersen, Jane) (Entered: 08/21/2020)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

Aug. 21, 2020

Aug. 21, 2020

RECAP
61

Request for Hearing re 59 Substantive legal issues - addressing, 54 Substantive legal issues - addressing, 23 MOTION for Preliminary Injunction MOTION to Stay Effective Dates Under 5 U.S.C. 705 requesting status conference today on TRO and related matters (Hirose, Mariko) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

RECAP
62

MOTION for Leave to File / PLAINTIFFS' MOTION FOR LEAVE TO FILE RESPONSE TO DEFENDANTS' AUGUST 21, 2020 SUPPLEMENTAL BRIEF by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services (Attachments: # 1 Exhibit A - Draft Supplemental Letter Brief)(Mark, Richard) (Entered: 08/26/2020)

1 Exhibit A - Draft Supplemental Letter Brief

View on RECAP

Aug. 26, 2020

Aug. 26, 2020

RECAP
63

Motion Hearing held on 8/28/2020 before Judge Paula Xinis re 23 MOTION for Preliminary Injunction MOTION to Stay Effective Dates Under 5 U.S.C. 705 filed by Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services, Casa De Maryland, Inc., Asylum Seeker Advocacy Project. (Court Reporter: Marlene Kerr) (ds2s, Deputy Clerk) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
64

LETTER ORDER directing parties to submit pleadings. Signed by Judge Paula Xinis on 8/31/2020. (ybs, Deputy Clerk) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

RECAP
65

RESPONSE in Opposition re 23 MOTION for Preliminary Injunction MOTION to Stay Effective Dates Under 5 U.S.C. 705, RESPONSE re 64 Order filed by U.S. Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Exhibit 1)(Andersen, Jane) (Entered: 09/02/2020)

1 Exhibit 1

View on RECAP

Sept. 2, 2020

Sept. 2, 2020

RECAP
66

RESPONSE re 64 Order filed by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services.(Mark, Richard) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

RECAP
67

RESPONSE re 64 Order, 65 Response in Opposition to Motion,,, filed by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services. (Attachments: # 1 Exhibit A (index), # 2 Exhibit B (cumulative table of authorities))(Hirose, Mariko) (Entered: 09/04/2020)

1 Exhibit A (index)

View on PACER

2 Exhibit B (cumulative table of authorities)

View on PACER

Sept. 4, 2020

Sept. 4, 2020

RECAP
68

RESPONSE re 64 Order, 66 Response filed by U.S. Department of Homeland Security, Chad F. Wolf.(Andersen, Jane) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

RECAP
69

MEMORANDUM OPINION. Signed by Judge Paula Xinis on 9/11/2020. (kns, Deputy Clerk) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

Clearinghouse
70

ORDER granting in part and denying in part 23 Motion for Preliminary Injunction; denying 23 Motion to Stay pending judicial review and granting 38, 39, 40, 42 and 44 Motions for Leave to File amicus curiae briefs. Signed by Judge Paula Xinis on 9/11/2020. (kns, Deputy Clerk) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

Clearinghouse
71

PAPERLESS ORDER granting 62 Motion for Leave to File Response to Defendants' August 21, 2020 Supplemental Brief. Signed by Judge Paula Xinis on 9/11/2020. (kns, Deputy Clerk) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
72

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 08/28/2020, before Judge Paula Xinis. Court Reporter/Transcriber Marlene Kerr, Telephone number 301-344-3499. Total number of pages filed: 119. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 10/6/2020. Redacted Transcript Deadline set for 10/16/2020. Release of Transcript Restriction set for 12/14/2020.(mmk, Court Reporter) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
73

MOTION to Appear Pro Hac Vice for Linda Evarts (Filing fee $100, receipt number 0416-8868799.) by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services (Cox, Justin) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
74

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. Department of Homeland Security, Chad F. Wolf(Andersen, Jane) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
75

PAPERLESS ORDER granting 73 Motion to Appear Pro Hac Vice on behalf of Linda B Evarts. Directing attorney Linda B Evarts to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 9/23/2020. (srds, Deputy Clerk) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
76

Request for Conference (Andersen, Jane) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

RECAP
77

PAPERLESS ORDER GRANTING 74 Motion for Extension of Time. Defendants' Answer or otherwise Response to the Complaint is extended to October 23, 2020. Signed by Judge Paula Xinis on 10/13/2020. (tb2s, Chambers) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
78

PAPERLESS ORDER GRANTING 76 Request for Conference. A recorded call has been scheduled for October 19, 2020 at 1:30 p.m. Instructions will be emailed to the Parties. Signed by Judge Paula Xinis on 10/13/2020. (tb2s, Chambers) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
79

RESPONSE re 76 Request for Conference Plaintiffs' Position Statement in Advance of Conference filed by Asylum Seeker Advocacy Project, Oasis Legal Services, Pangea Legal Services, Casa De Maryland, Inc., Centro Legal de la Raza.(Evarts, Linda) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

RECAP
80

Supplemental to 79 Response, filed by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services (Attachments: # 1 Exhibit Plaintiffs' Reference Document in Advance of Conference)(Castillo, Geroline) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
81

PAPERLESS NOTICE: The recorded call scheduled for October 19, 2020 at 1:30 p.m. has been CHANGED to a virtual proceeding. (tb2s, Chambers) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
82

Status Conference held on 10/19/2020 before Judge Paula Xinis.(Court Reporter: Marlene Kerr) (ds2s, Deputy Clerk) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
83

Status Report Submitted Regarding ECF No. 76 by U.S. Department of Homeland Security, Chad F. Wolf (Andersen, Jane) Modified on 10/22/2020 (ybs, Deputy Clerk). (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

RECAP
84

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. Department of Homeland Security, Chad F. Wolf(Andersen, Jane) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

RECAP
85

PAPERLESS ORDER GRANTING 84 Motion for Extension of Time. Defendants' Answer or otherwise Response to the Complaint is extended without date. Defendants are DIRECTED to submit a status report on November 23, 2020. Signed by Judge Paula Xinis on 10/23/2020. (Xinis, Paula) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
86

Joint MOTION for Protective Order by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services (Moreno, Dennise) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
87

ORDER granting 86 Motion for Protective Order. Signed by Judge Paula Xinis on 11/6/2020. (ybs, Deputy Clerk) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
88

NOTICE OF INTERLOCUTORY APPEAL as to 69 Memorandum Opinion, 70 Order on Motion for Leave to File,,,,,,,,,, Order on Motion for Preliminary Injunction,, Order on Motion to Stay, by U.S. Department of Homeland Security, Chad F. Wolf. (Andersen, Jane) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

RECAP
89

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 88 Notice of Interlocutory Appeal,. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(jj2s, Deputy Clerk) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
90

USCA Case Number 20-2217 for 88 Notice of Interlocutory Appeal, filed by U.S. Department of Homeland Security, Chad F. Wolf. Case Manager - Emily Borneisen (jj2s, Deputy Clerk) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
91

STATUS REPORT by U.S. Department of Homeland Security, Chad F. Wolf(Andersen, Jane) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER
92

NOTICE OF CROSS APPEAL as to 69 Memorandum Opinion, 70 Order on Motion for Leave to File,,,,,,,,,, Order on Motion for Preliminary Injunction,, Order on Motion to Stay, by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services. Filing fee $ 505, receipt number 0416-8979776.(Evarts, Linda) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER
93

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 92 Notice of Cross Appeal,. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(jj2s, Deputy Clerk) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER
94

USCA Case Number 20-2263 for 92 Notice of Cross Appeal, filed by Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services, Casa De Maryland, Inc., Asylum Seeker Advocacy Project. Case Manager - Emily Borneisen (jj2s, Deputy Clerk) (Entered: 11/30/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
95

ORDER of USCA as to 92 Notice of Cross Appeal, filed by Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services, Casa De Maryland, Inc., Asylum Seeker Advocacy Project, 88 Notice of Interlocutory Appeal, filed by U.S. Department of Homeland Security, Chad F. Wolf (jj2s, Deputy Clerk) (Entered: 11/30/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
96

Status Report Submitted Joint by U.S. Department of Homeland Security, Chad F. Wolf (Andersen, Jane) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
97

PAPERLESS ORDER: This case is held in ABEYANCE until February 22, 2021 at which time a joint status report will be due. Signed by Judge Paula Xinis on 2/4/2021. (tb2s, Chambers) (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

PACER
98

Joint MOTION for Extension of Time to File Joint Status Report by Asylum Seeker Advocacy Project, Casa De Maryland, Inc., Centro Legal de la Raza, Oasis Legal Services, Pangea Legal Services (Evarts, Linda) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER
99

PAPERLESS ORDER granting 98 Joint Motion for Extension of Time; directing parties to file a joint status report by March 1, 2021. Signed by Judge Paula Xinis on 2/26/2021. (ybs, Deputy Clerk) Modified on 2/26/2021 (ybs, Deputy Clerk). (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
100

Joint MOTION for Extension of Time to File Joint Status Report by U.S. Department of Homeland Security, Chad F. Wolf(Andersen, Jane) (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

RECAP

Case Details

State / Territory: Maryland

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 21, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five nonprofit legal services organizations

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Acting Secretary of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Government services

Language access/needs

Work release or work assignments

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Employment

Refugees

Undocumented immigrants - rights and duties

Work authorization - criteria

Work authorization - procedures