Case: Texas Civil Rights Project v. Wolf

1:20-cv-02035 | U.S. District Court for the District of Columbia

Filed Date: July 24, 2020

Closed Date: Aug. 6, 2020

Clearinghouse coding complete

Case Summary

This lawsuit was filed on July 24, 2020 in the U.S. District Court for the District of Columbia. The suit was brought by the Texas Civil Rights Project as next friend for one hundred unaccompanied migrant children who had been arrested by Customs and Border Protection. The plaintiffs were represented by attorneys from the American Civil Liberties Union Immigration Rights Project, the ACLU Foundation of Texas, Oxfam America, the Center for Gender and Refugees Studies, and the ACLU of D.C.. They …

This lawsuit was filed on July 24, 2020 in the U.S. District Court for the District of Columbia. The suit was brought by the Texas Civil Rights Project as next friend for one hundred unaccompanied migrant children who had been arrested by Customs and Border Protection. The plaintiffs were represented by attorneys from the American Civil Liberties Union Immigration Rights Project, the ACLU Foundation of Texas, Oxfam America, the Center for Gender and Refugees Studies, and the ACLU of D.C.. They sued the Acting Secretary of the Department of Homeland Security Chad Wolf, Acting Commissioner of Customs and Border Protection Mark Morgan, Chief of U.S. Border Patrol Rodney Scott, Director of Immigration Customs and Enforcement Matthew Albence, Secretary of HHS Alex Azar, and CDC Director Robert Redfield. The complaint contended that the federal government had implemented a new process of removing immigrant children without providing for adequate protections, especially by holding those children away from their families or other sponsors and by not providing counsel. This process was instituted over a series of regulations, orders, and agency memos that the complaint calls the "Title 42 Process." The complaint argued that this Title 42 Process violated the Trafficking Victims Protection Reauthorization Act (TVPRA), the Administrative Procedure Act (APA), the Public Health Service Act (PHSA), the Foreign Affairs Reform and Restructuring Act (FARRA), and that agencies exceed the power granted to them under the Immigration and Naturalization Act. They requested declaratory relief and injunctive relief that would prohibit the defendants from enforcing the Title 42 Process, stay their removal, grant them counsel, and grant the children TVPRA protections.

The case was assigned to Judge Beryl A. Howell.

A few weeks later, on August 6, the plaintiffs voluntarily dismissed the case, even before defendants responded -- they did not give an explanation as to why they dismissed the case. In a minute order on August 10, Judge Howell dismissed the case without prejudice and closed the case.

Summary Authors

Jack Hibbard (8/21/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17382388/parties/texas-civil-rights-project-v-wolf/


Judge(s)

Howell, Beryl Alaine (District of Columbia)

Attorneys(s) for Plaintiff

Bookey, Blaine (California)

Crook, Jamie Lorraine (California)

Drake, Brantley Shaw (Texas)

Galindo, Daniel Antonio (New York)

Garza, Rochelle M (Texas)

Harrold, Adrienne (California)

Huddleston, Kathryn (Texas)

Kang, Stephen B. (California)

Michelman, Scott (District of Columbia)

Judge(s)

Howell, Beryl Alaine (District of Columbia)

Attorneys(s) for Plaintiff

Bookey, Blaine (California)

Crook, Jamie Lorraine (California)

Drake, Brantley Shaw (Texas)

Galindo, Daniel Antonio (New York)

Garza, Rochelle M (Texas)

Harrold, Adrienne (California)

Huddleston, Kathryn (Texas)

Kang, Stephen B. (California)

Michelman, Scott (District of Columbia)

Musalo, Karen (California)

Perez, Celso Javier (New York)

Russell, Morgan (California)

Segura, Andre (Texas)

Silverman, Robert (Massachusetts)

Spitzer, Arthur (District of Columbia)

Wofsy, Cody H. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 10, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief

July 24, 2020 Complaint
10

Plaintiffs' Notice of Voluntary Dismissal without Prejudice

Aug. 6, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

The Origins of Fair Lending Litigation

Andrew Nash

This paper describes the origins of fair lending litigation in the 1970s. It documents two litigation strategies, one aimed at discriminatory lenders in local communities and a second at the federal … Dec. 4, 2008 http://ssrn.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17382388/texas-civil-rights-project-v-wolf/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, CHAD F. WOLF ( Filing fee $ 400 receipt number ADCDC-7384883) filed by TEXAS CIVIL RIGHTS PROJECT. (Attachments: # 1 Civil Coversheet, # 2 Summons for All Defendants, U.S. Attorney, and U.S. Attorney General)(Perez, Celso) (Entered: 07/24/2020)

1 Civil Coversheet

View on PACER

2 Summons for All Defendants, U.S. Attorney, and U.S. Attorney General

View on PACER

July 24, 2020 RECAP
2

WITHDRAWN PURSUANT TO 4 NOTICE FILED 7/26/2020..... MOTION for Temporary Restraining Order by TEXAS CIVIL RIGHTS PROJECT (Attachments: # 1 Memorandum in Support, # 2 Exhibit to Memorandum in Support of Motion, # 3 Declaration of Daniel Galindo, # 4 Declaration of Efren C. Olivares, # 5 Declaration of Linda Corchado, # 6 Declaration of Maria Odom, # 7 Text of Proposed Order)(Perez, Celso) Modified on 7/30/2020 (znmw). (Entered: 07/24/2020)

1 Memorandum in Support

View on PACER

2 Exhibit to Memorandum in Support of Motion

View on RECAP

3 Declaration of Daniel Galindo

View on RECAP

4 Declaration of Efren C. Olivares

View on RECAP

5 Declaration of Linda Corchado

View on RECAP

6 Declaration of Maria Odom

View on RECAP

7 Text of Proposed Order

View on PACER

July 24, 2020 RECAP
3

NOTICE of Statement Regarding Other Pending Cases by TEXAS CIVIL RIGHTS PROJECT (Perez, Celso) (Entered: 07/24/2020)

July 24, 2020 RECAP
4

NOTICE OF WITHDRAWAL OF MOTION by TEXAS CIVIL RIGHTS PROJECT re 2 MOTION for Temporary Restraining Order (Perez, Celso) (Entered: 07/26/2020)

July 26, 2020 PACER

Case Assigned to Chief Judge Beryl A. Howell. (adh, )

July 27, 2020 PACER
5

SUMMONS (9) Issued Electronically as to MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, CHAD F. WOLF, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 07/27/2020)

1 Notice and Consent

View on PACER

July 27, 2020 PACER
6

NOTICE to the Court by MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, CHAD F. WOLF (Lin, Jean) (Entered: 07/27/2020)

July 27, 2020 RECAP

Case Assigned/Reassigned

July 27, 2020 PACER
7

NOTICE (Corrected Notice) to the Court by MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, CHAD F. WOLF re 6 Notice (Other) (Lin, Jean) (Entered: 07/28/2020)

July 28, 2020 RECAP
8

STANDING ORDER. Signed by Chief Judge Beryl A. Howell on July 31, 2020. (lcbah2) (Entered: 07/31/2020)

July 31, 2020 RECAP
9

NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
10

NOTICE of Voluntary Dismissal by TEXAS CIVIL RIGHTS PROJECT (Perez, Celso) (Entered: 08/06/2020)

Aug. 6, 2020 RECAP

MINUTE ORDER (paperless) DISMISSING, in light of the plaintiffs' 10 Notice of Voluntary Dismissal Without Prejudice, this case without prejudice, since defendants have filed neither an answer to the complaint nor a motion for summary judgment in this case, see Fed. R. Civ. P. 41(a)(1)(A)(i); and further DIRECTING the Clerk of the Court to close this case. Signed by Chief Judge Beryl A. Howell on August 10, 2020. (lcbah2)

Aug. 10, 2020 PACER

.Order

Aug. 10, 2020 PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 24, 2020

Closing Date: Aug. 6, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Texas Civil Rights Project as Next Friend for one hundred unnamed children

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

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 Chad Wolf, Federal

Acting Commissioner of CBP Mark Morgan, Federal

Executive Assistant Commissioner of CBP Todd Owen, Federal

Chief of U.S. Border Patrol Rodney Scott, Federal

Deputy Director of ICE Matthew Albence, Federal

Secretary of HHS Alex Azar, Federal

Director of CDC Robert Redfield, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

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

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Access to lawyers or judicial system

Access to public accommodations - governmental

Conditions of confinement

Confinement/isolation

Family reunification

Housing

Juveniles

Over/Unlawful Detention

Parents (visitation, involvement)

Placement in detention facilities

Quality of representation

COVID-19:

Mitigation Requested

Immigration/Border:

Asylum - criteria

Asylum - procedure

Border police

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Detention - conditions

Detention - criteria

Detention - procedures

Family Separation

Immigration lawyers