Case: D.A.M. v. Barr

1:20-cv-01321 | U.S. District Court for the District of Columbia

Filed Date: May 28, 2020

Closed Date: Sept. 23, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This lawsuit was filed in response to the effects of COVID-19 on deportation procedures. The plaintiffs argued that deportation would expose them to COVID-19 and return them to countries that were unable to care for their medical needs. The court twice declined to enter a temporary restraining order. The defendants filed a motion to dismiss on September 18. Following several months of filing status reports, the plaintiffs filed a stipulation of dismissal and the case was dismi…

COVID-19 Summary: This lawsuit was filed in response to the effects of COVID-19 on deportation procedures. The plaintiffs argued that deportation would expose them to COVID-19 and return them to countries that were unable to care for their medical needs. The court twice declined to enter a temporary restraining order. The defendants filed a motion to dismiss on September 18. Following several months of filing status reports, the plaintiffs filed a stipulation of dismissal and the case was dismissed with prejudice.


Immigrants subject to deportation held in the South Texas Family Residential Facility or the Berks County Residential Center filed this lawsuit on May 18, 2020 in the U.S. District Court for the District of Columbia. Represented by private counsel and attorneys from Rapid Defense Network, the plaintiffs sued the U.S. Attorney General and the Acting Secretary of the Department of Homeland Security. The plaintiffs sought declaratory relief, injunctive relief, and writs of habeas corpus to stop their removals as well as attorneys' fees and costs. The plaintiffs also filed emergency motions for temporary restraining order and to stay deportation on the same day.

The plaintiffs alleged that deporting them during COVID-19 was illegal on several grounds. First, the plaintiffs argued that deportation would violate their substantive and procedural due process rights by subjecting them to a risk of contracting COVID-19 and then deporting them to countries with insufficient resources to treat them. Second, they argued that deportation (which involved placing them in confined spaces like buses and planes) was a state-created danger that violated their substantive due process rights. Third, they argued that the government's special duty to persons it held in custody prevented the government from deporting them during the pandemic. Finally, the plaintiffs argued that deportations violated CDC guidelines against international travel that ICE had promised to follow. And that, they said, violated the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.) and the Accardi doctrine, under which agencies must follow their own self-imposed rules.

The case was assigned to Judge Carl J. Nichols and then reassigned to Judge Christopher R. Cooper.

The plaintiffs filed an amended complaint on July 9, 2020. The Clearinghouse does not have access to this document as this time. On July 23, 2020, the court denied the plaintiffs' motion for a temporary restraining order. The court found that the plaintiffs were not likely to succeed on the merits. According to Judge Cooper, while the plaintiffs did have due process rights despite being in the country illegally, deporting them during the pandemic would not violate those rights. Judge Cooper found that the government had a legitimate interest in the enforcement of immigration laws and that the deportations were rationally related to that interest. The court also found that the government was not forbidden from deporting plaintiffs under Accardi. The court wrote that Accardi only applies to procedural due process, whereas the CDC guidelines that plaintiffs wanted the government to abide by were substantive. 2020 WL 4218003.

On the same same day, July 23, the plaintiffs filed a second motion for temporary restraining order and the court granted a stay of the plaintiffs' removal orders.

Around the same time, another judge struck down the "Transit Ban," an interim rule that barred most claims by asylum-seekers who entered the United States at the Mexican border but had not sought asylum in any countries they passed through on their way to the United States. For more information on that case, see CAIR v. Trump.

Many of the orders of removal at issue in this case were issued under the Transit Ban. With the Transit Ban gone, the plaintiffs filed another motion for a temporary restraining order. They argued that deporting them based on determinations made under the now-defunct Transit Ban would violate their due process rights.

Judge Cooper denied the motion for a temporary restraining order and lifted the stay on removals on September 15, 2020. Judge Cooper acknowledged that the plaintiffs "will likely suffer irreparable harm in the absence of a TRO," and that the balance of equities likely favored the plaintiffs. He also suggested that deporting the plaintiffs on the basis of removal orders issued under a vacated rule would violate due process. Still, Judge Cooper determined that the plaintiffs were unlikely to succeed on the merits. Specifically, he found that the court likely lacked jurisdiction under 8 U.S.C. § 1252, which bars judicial review of any claim "arising from or relating to the implementation" of expedited removal proceedings. He also rejected the plaintiffs' argument that § 1252 violated the Constitution's Suspension Clause because the plaintiffs were not seeking release from custody. 2020 WL 5525056.

On September 15, 2020, the plaintiffs filed an appeal in the D.C. Circuit, which was assigned USCA Case Number 20-5281. The D.C. Circuit stayed the case on September 15, 2020, and a panel (Judges Karen L. Henderson, David S. Tatel, and Gregory G. Katsas) dissolved the stay on September 30. The en banc court stayed the plaintiffs' removals on October 2. On October 16, the court dissolved the October 2 stay, and the parties voluntarily dismissed the case on October 30.

Meanwhile, the government filed a motion to dismiss or, alternatively, transfer the case to the Southern District of Texas or the Eastern District of Pennsylvania (where the plaintiffs were detained) on September 18, 2020. The plaintiffs filed a motion in opposition on October 16. For several months, the parties filed status reports with the court until on September 22, 2021, the plaintiffs filed a stipulation of dismissal. The next day the court granted the stipulation and dismissed the case with prejudice; the Clearinghouse does not have access to further details.

Summary Authors

Jack Hibbard (7/30/2020)

Timothy Leake (10/9/2020)

Zofia Peach (3/3/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17175771/parties/dam-v-barr/


Judge(s)

Cooper, Christopher Reid (District of Columbia)

Attorneys(s) for Plaintiff

Barringer, Steven G. (District of Columbia)

Copeland, Gregory Paul (New York)

Gillman, Sarah Telo (New York)

Heller, Caroline (New York)

Attorneys(s) for Defendant

Hair, Christopher Charles (District of Columbia)

Reuveni, Erez (District of Columbia)

Judge(s)

Cooper, Christopher Reid (District of Columbia)

Attorneys(s) for Plaintiff

Barringer, Steven G. (District of Columbia)

Copeland, Gregory Paul (New York)

Gillman, Sarah Telo (New York)

Heller, Caroline (New York)

Attorneys(s) for Defendant

Hair, Christopher Charles (District of Columbia)

Reuveni, Erez (District of Columbia)

Documents in the Clearinghouse

Document

1:20-cv-01321

20-05281

20-cv-05106

20-cv-05129

Docket [PACER]

Sept. 23, 2021

Sept. 23, 2021

Docket
6-2 to 6-6

1:20-cv-01321

Petitioners' Notice of Motion for Temporary Restraining Order and Request for Emergency Hearing

May 18, 2020

May 18, 2020

Pleading / Motion / Brief
34

1:20-cv-01321

Memorandum Opinion

July 23, 2020

July 23, 2020

Order/Opinion
33

1:20-cv-01321

Order

July 23, 2020

July 23, 2020

Order/Opinion
50

1:20-cv-01321

Memorandum Opinion

Sept. 15, 2020

Sept. 15, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17175771/dam-v-barr/

Last updated Aug. 29, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

MOTION to Proceed Under Pseudonym by A.P.O., ALL PLAINTIFFS, D.A.M., D.M.S., J.S.M., J.S.P., L.O.R., M.A.S., M.F.L., S.L.V., Y.H.A., (Attachments: # 1 Text of Proposed Order)(zjf) (Entered: 05/19/2020)

May 18, 2020

May 18, 2020

PACER
2

ORDER granting 1 Motion for Leave to Proceed Under Pseudonym. Signed by Chief Judge Beryl A. Howell on 05/18/2020. (See Order for Full Details) (zjf) (Entered: 05/19/2020)

May 18, 2020

May 18, 2020

PACER
3

COMPLAINT against WILLIAM BARR, CHAD WOLF filed by A.P.O., ALL PLAINTIFFS, J.S.P., J.S.M., S.L.V., Y.H.A., D.M.S., D.A.M., M.A.S., M.F.L., L.O.R.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons) (zjf) (Entered: 05/19/2020)

2 Summons

View on PACER

May 18, 2020

May 18, 2020

PACER
6

Emergency MOTION for Temporary Restraining Order, MOTION to Stay, MOTION for Hearing by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order, # 2 Notice, # 3 Text of Proposed Order TRO, # 4 Declaration of B. Cambria, # 5 Declaration of S. Fluharty, # 6 Declaration C. Heller) (zjf). (Entered: 05/19/2020)

2 Notice

View on PACER

3 Text of Proposed Order TRO

View on PACER

4 Declaration of B. Cambria

View on RECAP

5 Declaration of S. Fluharty

View on RECAP

6 Declaration C. Heller

View on PACER

May 18, 2020

May 18, 2020

PACER
7

Emergency MOTION to Stay by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(zjf) (Entered: 05/19/2020)

May 18, 2020

May 18, 2020

PACER

Minute Entry for proceedings held before Judge Carl J. Nichols: Evidentiary Hearing held on 5/18/2020 re Petitioners' Emergency Motion for the Entry of an Administrative Stay Order. Motion heard and granted. (Court Reporter: William Zaremba) (zcdw)

May 18, 2020

May 18, 2020

PACER
8

ORDER GRANTING ADMINISTRATIVE STAY. Signed by Judge Carl J. Nichols on 5/18/2020. (zcdw) (Entered: 05/19/2020)

May 18, 2020

May 18, 2020

PACER
12

NOTICE OF RELATED CASE by ALL PLAINTIFFS. Case related to Case No. 19-2773. (zjf) (Entered: 05/19/2020)

May 18, 2020

May 18, 2020

PACER
4

NOTICE of Appearance- Pro Bono by Gregory P. Copeland on behalf of A.P.O., ALL PLAINTIFFS, D.A.M., D.M.S., J.S.M., J.S.P., L.O.R., M.A.S., M.F.L., S.L.V., Y.H.A., a minor (Copeland, Gregory) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER

.Order

May 19, 2020

May 19, 2020

PACER

Payment of Fee - Complaint

May 19, 2020

May 19, 2020

PACER

Evidentiary Hearing

May 19, 2020

May 19, 2020

PACER
5

NOTICE of Appearance- Pro Bono by Sarah Telo Gillman on behalf of A.P.O., ALL PLAINTIFFS, D.A.M., D.M.S., J.S.M., J.S.P., L.O.R., M.A.S., M.F.L., S.L.V., Y.H.A., a minor (Gillman, Sarah) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER

Payment for 3 Complaint. ($400; Receipt number ADCDC-7138387). (Barringer, Steven)

May 19, 2020

May 19, 2020

PACER
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Caroline J. Heller, Filing fee $ 100, receipt number ADCDC-7138501. Fee Status: Fee Paid. by ALL PLAINTIFFS (Barringer, Steven) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
10

TRANSCRIPT OF TEMPORARY RESTRAINING ORDER TELEPHONE HEARING PROCEEDINGS before Judge Carl J. Nichols held on May 18, 2020; Page Numbers: 1-34. Date of Issuance: May 19, 2020. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. 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 termina l or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF 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 6/9/2020. Redacted Transcript Deadline set for 6/19/2020. Release of Transcript Restriction set for 8/17/2020.(wz) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
11

NOTICE of Appearance by Christopher Charles Hair on behalf of All Defendants (Hair, Christopher) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER

MINUTE ORDER. The Court finds that this matter is not related to M.M.V. v. Barr, Civ. A. No. 19-2773, for reasons to be set forth in a written order. This case shall be referred to the Calendar and Case Management Committee for random reassignment. The administrative stay entered by the emergency motions judge 8 will be extended until the matter can be assessed by the judge to be assigned. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/19/2020. (lcabj2)

May 19, 2020

May 19, 2020

PACER
13

Case randomly reassigned to Judge Christopher R. Cooper. Judge Amy Berman Jackson is no longer assigned to the case as deemed not related. (ztnr) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER

MINUTE ORDER: It is hereby ORDERED that 8 the administrative stay entered by the emergency motions judge shall be extended until the Court decides plaintiffs' 6 Motion for a Temporary Restraining Order. The government shall file its response to the plaintiffs' motion by Thursday, May 21, 2020 at 5:00 pm, and the Court will hold a telephonic hearing on the motion on Friday, May 22, 2020 at 10:00 am. SO ORDERED. Signed by Judge Christopher R. Cooper on 05/19/2020. (lccrc3)

May 19, 2020

May 19, 2020

PACER

~Util - Set/Reset Deadlines/Hearings

May 20, 2020

May 20, 2020

PACER

.Order

May 20, 2020

May 20, 2020

PACER

MINUTE ORDER: Pursuant to Standing Order 20-19 (BAH), the Court will provide access for the public to participate in the hearing on the motion for temporary restraining order. It is ORDERED that the participants using the public access telephone line shall adhere to the rules set forth in Standing Order 20-20 (BAH), available on the Court's website.Toll Free Number: 888-204-5984; Access Code: 8981531 Signed by Judge Christopher R. Cooper on 5/20/2020. (lsj)

May 20, 2020

May 20, 2020

PACER
14

SUMMONS (3) Issued Electronically as to WILLIAM BARR, CHAD WOLF, and U.S. Attorney (Attachment: # 1 Notice and Consent)(zsb) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER

~Util - Set/Reset Deadlines/Hearings AND .Order

May 20, 2020

May 20, 2020

PACER
15

ORDER. For the reasons stated in the attached Order, the Court found that the case is not related to Civil Action No. 19-2773, and it ordered that the case be sent to the Calendar and Case Management Committee for random reassignment on May 19, 2020. See Order for complete details. Signed by Judge Amy Berman Jackson on 5/21/2020. (lcabj2) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
16

NOTICE of Appearance by Erez Reuveni on behalf of All Defendants (Reuveni, Erez) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
17

Memorandum in opposition to re 6 MOTION for Temporary Restraining Order MOTION for Hearing MOTION to Stay filed by WILLIAM BARR, CHAD WOLF. (Attachments: # 1 Declaration of Mellissa Harper)(Hair, Christopher) (Additional attachment(s) added on 5/22/2020: # 2 Declaration Robert Cordero) (ztd). (Entered: 05/21/2020)

2 Declaration Robert Cordero

View on PACER

May 21, 2020

May 21, 2020

PACER
18

ENTERED IN ERROR. . . . .AFFIDAVIT re 17 Memorandum in Opposition (Declaration of Robert Cordero) by WILLIAM BARR, CHAD WOLF. (Hair, Christopher) Modified on 5/22/2020 (ztd). (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
19

MOTION Leave to File Reply Brief and Supplemental Declarations by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(Barringer, Steven) Modified event on 5/26/2020 (znmw). (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 18 Affidavit was entered in error and attached to docket entry no. 17 . (ztd)

May 21, 2020

May 21, 2020

PACER

MINUTE ORDER granting 9 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Christopher R. Cooper on 05/22/2020. (lccrc3)

May 22, 2020

May 22, 2020

PACER
20

NOTICE of Appearance by Caroline Heller on behalf of ALL PLAINTIFFS (Heller, Caroline) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER

Minute Entry for Motion Hearing held before Judge Christopher R. Cooper on 5/22/2020. Oral arguments submitted on Petitioner's Motion 6 for Temporary Restraining Order. Motion taken under advisement, forthcoming order. (Court Reporter: Lisa Moreira) (lsj)

May 22, 2020

May 22, 2020

PACER

MINUTE ORDER: As indicated at today's hearing, petitioners' 19 Motion for Leave to File Reply Brief and Supplemental Declarations is hereby GRANTED. Signed by Judge Christopher R. Cooper on 05/22/2020. (lccrc3)

May 22, 2020

May 22, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 22, 2020

May 22, 2020

PACER

Motion Hearing

May 22, 2020

May 22, 2020

PACER

Notice of Corrected Docket Entry

May 22, 2020

May 22, 2020

PACER

Order on Motion for Miscellaneous Relief

May 22, 2020

May 22, 2020

PACER
21

REPLY to opposition to motion re 6 MOTION for Temporary Restraining Order MOTION for Hearing MOTION to Stay filed by ALL PLAINTIFFS. (Attachments: # 1 Declaration of Caroline J. Heller)(Barringer, Steven) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
22

TRANSCRIPT OF MOTION HEARING before Judge Christopher R. Cooper held on May 22, 2020; Page Numbers: 1-50. Date of Issuance:May 27, 2020. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the cour t 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 6/17/2020. Redacted Transcript Deadline set for 6/27/2020. Release of Transcript Restriction set for 8/25/2020.(Moreira, Lisa) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
23

Unopposed MOTION for Leave to File Surreply by WILLIAM BARR, CHAD WOLF (Attachments: # 1 Respondents' Surreply, # 2 Declaration of Richard M. Hunt, # 3 Declaration of Christopher George, # 4 Declaration Jaime J. Martinez, # 5 Text of Proposed Order)(Hair, Christopher) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
24

ERRATA by WILLIAM BARR, CHAD WOLF 23 Unopposed MOTION for Leave to File Surreply filed by CHAD WOLF, WILLIAM BARR. (Attachments: # 1 Slip Opinion re: A.S.M. v. Warden, Stewart County Detention Center)(Hair, Christopher) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
25

MOTION for Judicial Notice of Congressional Testimony by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(Barringer, Steven) Modified relief on 6/9/2020 (ztd). (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
26

NOTICE of Voluntary Dismissal re E.G.M., J.A.R., and J.G.A. (Barringer, Steven) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
27

NOTICE OF SUPPLEMENTAL AUTHORITY by WILLIAM BARR, CHAD WOLF (Attachments: # 1 Exhibit DHS v. Thuraissigiam, No. 19-161)(Reuveni, Erez) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
28

NOTICE OF SUPPLEMENTAL AUTHORITY by ALL PLAINTIFFS (Attachments: # 1 Exhibit Make the Road New York v. Wolf, # 2 Exhibit DHS v. Thuraissigiam)(Barringer, Steven) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
29

MOTION to Take Judicial Notice by ALL PLAINTIFFS (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Text of Proposed Order)(Barringer, Steven) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
30

RESPONSE re 28 NOTICE OF SUPPLEMENTAL AUTHORITY filed by WILLIAM BARR, CHAD WOLF. (Reuveni, Erez) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
31

AMENDED COMPLAINT Verified Amended Petition for Writ of Habeus Corpus & Complaint for Declaratory And Injunctive Relief against defendant N.C.I. filed by ALL PLAINTIFFS.(Barringer, Steven) Modified text to indicate against defendant on 7/18/2020 (ztd). (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
32

Unopposed MOTION for Extension of Time to File Answer re 31 Amended Complaint, by WILLIAM BARR, CHAD WOLF (Hair, Christopher) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER

MINUTE ORDER granting Defendants' 32 Motion for Extension of Time to Answer. It is hereby ORDERED that defendants shall answer or otherwise respond to petitioners' 31 Amended Complaint on or before August 19, 2020. Signed by Judge Christopher R. Cooper on 07/20/2020. (lccrc3)

July 20, 2020

July 20, 2020

PACER

Order on Motion for Extension of Time to Answer

July 20, 2020

July 20, 2020

PACER
33

ORDER denying Petitioners' 6 Motion for Temporary Restraining Order and lifting the administrative stay; granting the Government's 23 Motion for Leave to File Surreply; and granting Petitioners' 25 / 29 Motions for Judicial Notice. See full Order & accompanying Memorandum Opinion for details. Signed by Judge Christopher R. Cooper on 07/23/2020. (lccrc3) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
34

MEMORANDUM OPINION re: 33 Order. Signed by Judge Christopher R. Cooper on 07/23/2020. (lccrc3) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

RECAP
35

MOTION for Temporary Restraining Order by ALL PLAINTIFFS (Attachments: # 1 Notice to Counsel/Party, # 2 Declaration, # 3 Text of Proposed Order, # 4 Text of Proposed Order)(Barringer, Steven). Added MOTION to Stay on 7/24/2020 (znmw). (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER

MINUTE ORDER: Petitioners' Emergency Motion for the Entry of an Administrative Stay pending adjudication of their 35 Motion for Temporary Restraining Order is hereby GRANTED. Execution of Petitioners' removal orders is therefore STAYED until further order of the Court. In entering this brief administrative stay, the Court takes no position on whether Petitioners have established the requirements for a TRO. The government is directed to notify the Court when it expects to file its opposition to Petitioners' motion. Upon receipt of the notice, the Court will set a reply deadline and schedule a hearing to take place soon thereafter. Signed by Judge Christopher R. Cooper on 07/23/2020. (lccrc3)

July 23, 2020

July 23, 2020

PACER
36

SEALED SURREPLY TO OPPOSITION filed by WILLIAM BARR, CHAD WOLF re 6 MOTION for Temporary Restraining Order MOTION for Hearing MOTION to Stay, 7 MOTION to Stay (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration Richard Hunt, # 2 Declaration Christopher George, # 3 Declaration Jamie J. Martinez)(ztd) . (Entered: 07/24/2020)

July 23, 2020

July 23, 2020

PACER

.Order

July 23, 2020

July 23, 2020

PACER
37

NOTICE Regarding Respondents' Proposed Response Deadline to Petitioners' TRO Motion by WILLIAM BARR, CHAD WOLF re Order,, (Hair, Christopher) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER

MINUTE ORDER: In light of the government's 37 Response to the Court's July 23, 2020 Minute Order, the Court will set the following briefing schedule regarding petitioners' 35 Second Motion for Temporary Restraining Order. The government's opposition brief shall be due Thursday, July 30, 2020, and the petitioners' reply shall be due Tuesday, August 4, 2020. The Court will hold a hearing by video on Thursday, August 6, 2020 at 11:00 AM. Video conference instructions will be communicated separately. Signed by Judge Christopher R. Cooper on 07/24/2020. (lccrc3)

July 24, 2020

July 24, 2020

PACER

.Order

July 24, 2020

July 24, 2020

PACER

Set/Reset Deadlines/Hearings: Opposition brief due by 7/30/2020 and Petitioner's Reply due by 8/4/2020. Video Motion Hearing set for 8/6/2020 at 11:00 AM before Judge Christopher R. Cooper. (lsj)

July 27, 2020

July 27, 2020

PACER

Set/Reset Deadlines/Hearings

July 27, 2020

July 27, 2020

PACER
38

Memorandum in opposition to re 35 MOTION for Temporary Restraining Order MOTION to Stay filed by WILLIAM BARR, CHAD WOLF. (Hair, Christopher) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
39

REPLY to opposition to motion re 35 MOTION for Temporary Restraining Order MOTION to Stay Removal filed by ALL PLAINTIFFS. (Barringer, Steven) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER

MINUTE ORDER: As discussed at today's hearing, it is hereby ORDERED that the government shall file the supplemental letter briefs originally filed in Patel v. Barr, No. 20-cv-922, 2020 WL 4282051 (E.D. Pa. July 27, 2020), that addressed the effect of Judge Kelly's opinion in CAIR v. Trump, No. 19-cv-2530, 2020 WL 3542481 (D.D.C. 2020).The government may also file by Friday, August 7, 2020 a supplemental brief, not to exceed 5 pages, that discusses Patel's application to this case. Petitioners may file a supplemental brief in response, not to exceed 5 pages, by Tuesday, August 11, 2020. Signed by Judge Christopher R. Cooper on 08/06/2020. (lccrc3)

Aug. 6, 2020

Aug. 6, 2020

PACER

Minute Entry for Video Motion Hearing held before Judge Christopher R. Cooper on 8/6/2020. Oral arguments submitted on Plaintiff's Motion 35 for Temporary Restraining Order and Stay of Removal. Motion taken under advisement; forthcoming Order. (Court Reporter: Lisa Moreira) (lsj)

Aug. 6, 2020

Aug. 6, 2020

PACER

.Order

Aug. 6, 2020

Aug. 6, 2020

PACER

Motion Hearing

Aug. 6, 2020

Aug. 6, 2020

PACER
40

SEALED DOCUMENT filed by WILLIAM BARR, CHAD F. WOLF(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Motion to Dismiss and VacateTRO, # 2 Exhibit Opposition to Motion to Dismiss, # 3 Exhibit Reply in Support of Motion to Dismiss and Vacate, # 4 Exhibit Order directing parties to brief impact of CAIR v. Trump, # 5 Exhibit Defendants Supplemental Letter on CAIR, # 6 Exhibit Plaintiffs' Supplemental Letter on CAIR)(Reuveni, Erez) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
41

SUPPLEMENTAL MEMORANDUM re Order,, by WILLIAM BARR, CHAD F. WOLF. (Reuveni, Erez) Modified event title on 8/11/2020 (znmw). (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
42

NOTICE of Voluntary Dismissal by A.G.H., S.G.H. (Barringer, Steven) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
43

TRANSCRIPT OF MOTION HEARING before Judge Christopher R. Cooper held on August 6, 2020; Page Numbers: 1-60. Date of Issuance:August 11, 2020. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/1/2020. Redacted Transcript Deadline set for 9/11/2020. Release of Transcript Restriction set for 11/9/2020.(Moreira, Lisa) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
44

SUPPLEMENTAL MEMORANDUM to re 41 Memorandum filed by ALL PLAINTIFFS. (Barringer, Steven) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
45

Unopposed MOTION for Extension of Time to File Answer re 31 Amended Complaint, by WILLIAM BARR, CHAD F. WOLF (Hair, Christopher) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
46

ERRATA by WILLIAM BARR, CHAD F. WOLF 45 Unopposed MOTION for Extension of Time to File Answer re 31 Amended Complaint, filed by CHAD F. WOLF, WILLIAM BARR. (Attachments: # 1 Text of Proposed Order (corrected))(Hair, Christopher) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER

MINUTE ORDER: Upon consideration of respondents' 45 unopposed Motion for Extension of Time to Answer, the motion is hereby GRANTED. It is hereby ORDERED that respondents shall answer or otherwise respond to petitioners' 31 Amended Complaint on or before September 18, 2020. Signed by Judge Christopher R. Cooper on 08/18/2020. (lccrc3) Modified on 8/18/2020 (lsj).

Aug. 18, 2020

Aug. 18, 2020

PACER

Set/Reset Deadlines: Answer to Amended Complaint due by 9/18/2020 (lsj)

Aug. 18, 2020

Aug. 18, 2020

PACER
47

NOTICE OF SUPPLEMENTAL AUTHORITY by WILLIAM BARR, CHAD F. WOLF (Attachments: # 1 Exhibit MMV Order)(Reuveni, Erez) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
48

RESPONSE re 47 NOTICE OF SUPPLEMENTAL AUTHORITY filed by ALL PLAINTIFFS. (Barringer, Steven) Modified event title on 8/24/2020 (znmw). (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
49

ORDER denying 35 Motion for Temporary Restraining Order and lifting the administrative stay of removal. See full Order & accompanying Memorandum Opinion for details. Signed by Judge Christopher R. Cooper on 09/15/2020. (lccrc3) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
50

MEMORANDUM OPINION re: 49 Order denying 35 Motion for Temporary Restraining Order and lifting the administrative stay of removal. Signed by Judge Christopher R. Cooper on 09/15/2020. (lccrc3) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

RECAP
51

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 49 Order on Motion for TRO, 50 Memorandum & Opinion by ALL PLAINTIFFS. Filing fee $ 505, receipt number ADCDC-7592653. Fee Status: Fee Paid. Parties have been notified. (Barringer, Steven) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
52

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 51 Notice of Appeal to DC Circuit Court. (zrdj) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER

USCA Case Number 20-5281 for 51 Notice of Appeal to DC Circuit Court filed by ALL PLAINTIFFS. (zrdj)

Sept. 15, 2020

Sept. 15, 2020

PACER
53

MOTION to Stay re 49 Order on Motion for TRO, 50 Memorandum & Opinion by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(Barringer, Steven) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER

MINUTE ORDER: Upon consideration of the 53 Motion to Stay, the Court hereby ORDERS that petitioners' removals are administratively stayed for seven days to permit petitioners to seek emergency relief from the District of Columbia Circuit. Unless vacated by the Circuit, this administrative stay of removal expires at 11:59 pm on September 22, 2020. SO ORDERED. Signed by Judge Christopher R. Cooper on 09/15/2020.(lccrc3)

Sept. 15, 2020

Sept. 15, 2020

PACER

USCA Case Number

Sept. 15, 2020

Sept. 15, 2020

PACER

.Order

Sept. 16, 2020

Sept. 16, 2020

PACER
54

MOTION to Dismiss or, in the alternative,, MOTION to Transfer Case to the Southern District of Texas and/or the Eastern District of Pennsylvania by WILLIAM BARR, CHAD F. WOLF (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Hair, Christopher) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
55

Joint MOTION for Extension of Time Extending Briefing Schedule on Respondents' Motion to Dismiss by ALL PLAINTIFFS (Heller, Caroline) Modified event title on 9/30/2020 (znmw). (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER

MINUTE ORDER granting 55 Motion for Order Extending Briefing Schedule on Respondents' Motion to Dismiss. Petitioners shall file their opposition on or before October 16, 2020. The Government shall file its reply on or before October 30, 2020. Signed by Judge Christopher R. Cooper on 09/28/2020. (lccrc3)

Sept. 28, 2020

Sept. 28, 2020

PACER

Order on Motion for Order

Sept. 28, 2020

Sept. 28, 2020

PACER

Set/Reset Deadlines: Response to Dispositive Motions due by 10/16/2020. Reply to Dispositive Motions due by 10/30/2020. (lsj)

Sept. 29, 2020

Sept. 29, 2020

PACER

Set/Reset Deadlines

Sept. 29, 2020

Sept. 29, 2020

PACER
56

Memorandum in opposition to re 54 MOTION to Dismiss or, in the alternative, MOTION to Transfer Case to the Southern District of Texas and/or the Eastern District of Pennsylvania filed by ALL PLAINTIFFS. (Attachments: # 1 Declaration of Caroline J. Heller with Exhibits)(Heller, Caroline) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
57

REPLY to opposition to motion re 54 MOTION to Dismiss or, in the alternative, MOTION to Transfer Case to the Southern District of Texas and/or the Eastern District of Pennsylvania filed by WILLIAM BARR, CHAD F. WOLF. (Hair, Christopher) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
58

NOTICE OF WITHDRAWAL OF APPEARANCE as to A.A.M., A.G.H., A.G.L., A.L.V., A.P.O., A.R.A., A.R.G., A.R.M., ALL PLAINTIFFS, B.S.C., C.A.A., C.C.G., C.C.N., C.G.M., D.A.M., D.M.S., D.P.R., E.A.N., E.C.G., E.P.V., I.F.L., I.G.L., J.A.R., J.F.P., J.G.A., J.M.R., J.S.M., J.S.P., K.N.E., L.C.R., L.M.L., L.O.R., E. G. M., M.A.A., M.A.S., M.C.M., M.F.L., M.G.V., M.M.B., M.M.V., M.R.A., M.R.M., N.M.L., N.M.M., R.F.L., R.L.A., R.P.F., S.B.P., S.G.H., S.L.V., S.M.C., Y.H.A., Y.V.O.. Attorney Gregory P. Copeland terminated. (Copeland, Gregory) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER

MINUTE ORDER: The parties are hereby directed to appear by videoconference for a hearing on the 54 Motion to Dismiss or Transfer Venue on May 27, 2021 at 2:30 PM. Video connection information will be sent to the parties separately. Signed by Judge Christopher R. Cooper on 05/12/2021. (lccrc3)

May 12, 2021

May 12, 2021

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 28, 2020

Closing Date: Sept. 23, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Immigrants facing deportation held in the South Texas Family Residential Facility or the Berks County Residential Center

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Acting Secretary of the Department of Homeland Security, Federal

Attorney General of the United States, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Unknown

Source of Relief:

None yet

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Confinement/isolation

Habeas Corpus

Juveniles

Placement in detention facilities

Sanitation / living conditions

COVID-19:

Mitigation Denied

Mitigation Requested

Type of Facility:

Government-run

Immigration/Border:

Asylum - criteria

Asylum - procedure

Constitutional rights

Convention against Torture

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Detention - conditions

Detention - procedures

Family Separation

Undocumented immigrants - rights and duties