Case: P.J.E.S v. Wolf

1:20-cv-02245 | U.S. District Court for the District of District of Columbia

Filed Date: Aug. 24, 2020

Closed Date: Nov. 6, 2023

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Case Summary

Immigration Safeguards For Unaccompanied Children Previously, unaccompanied children arriving at the border seeking safety were awarded protection under two laws. First, provisions in the Homeland Security Act vest care for unaccompanied children with the Office of Refugee Resettlement (ORR), giving the minors access to legal care and housing. Second, the Trafficking Victims Protection Reauthorization Act (TVPRA) requires that minors must be transferred to ORR custody within 72 hours following …

Immigration Safeguards For Unaccompanied Children

Previously, unaccompanied children arriving at the border seeking safety were awarded protection under two laws. First, provisions in the Homeland Security Act vest care for unaccompanied children with the Office of Refugee Resettlement (ORR), giving the minors access to legal care and housing. Second, the Trafficking Victims Protection Reauthorization Act (TVPRA) requires that minors must be transferred to ORR custody within 72 hours following apprehension, and removal of a child requires a decision by an immigration judge. Separately, statutes affirming internationally agreed upon protections permit unaccompanied children to seek shelter in the United States by claiming asylum, withholding of removal, and protection from torture. Furthermore, immigration laws recognize the possibility that immigrants arrive at the border with a communicable disease, however these statutes do not permit deportation without screening for persecution or torture.

CDC Issues Emergency Public Health Order (Title 42 Process)

On March 20, 2020, President Trump announced that public health provision of Title 42 of the U.S. Code would be used to suspend entry of all individuals at the border who lack proper documentation. Simultaneously, the Centers for Disease Control (CDC) issued a regulation without notice and comment. Specifically invoking language contained in Section 265, the government claimed that the Surgeon General may prohibit introduction of persons that pose serious danger to the United States because of the presence of a communicable disease in their country of origin. Pursuant to the regulation, the CDC issued an order that other agencies may immediately suspend the introduction of these immigrants because of the danger they pose to Border Patrol personnel at ports of entry. The order gives the U.S. Department of Homeland Security discretion to allow exceptions based on the totality of the circumstances. The order remains silent on application for individuals seeking asylum, withholding of removal, Convention Against Torture (CAT) protection, and circumstances for unaccompanied children. In the complaint, this regulation and subsequent order is referred to as the Title 42 Process.

The Plaintiff’s Apprehension Under the Title 42 Process and Subsequent Lawsuit

On August 11, 2020, border patrol agents apprehended Plaintiff, a 16-year-old unaccompanied minor fleeing persecution in Guatemala. Immediately, U.S. Customs and Border Patrol (CBP) placed him into custody awaiting deportation under the Title 42 Process. Despite the presence of a relative in the United States and vacancy in an Office of Refugee Resettlement facility, Plaintiff – exhibiting no COVID-19 symptoms – remained in CBP custody.

In response to this treatment by CPB, on August 14, 2020, Plaintiff, represented by the ACLU, sued the leaders of numerous governmental departments, including the Acting Secretary of Homeland Security, the Secretary of Health and Human Services, the Director of the CDC, and officials leading CPB, Immigration and Customs Enforcement, and the Office of Refugee Resettlement in the U.S. District Court for the District of Columbia under the Administrative Procedure Act for unlawful agency action and arbitrary and capricious enforcement. Plaintiff alleged that the Title 42 Process violates the requirements of the TVPRA, the Immigration and Nationality Act, the Foreign Affairs Reform and Restructuring Act, and the Public Health Service Act. The plaintiff requested also that the court certify a class for purposes of the suit comprised of “[a]ll unaccompanied noncitizen children who (1) are or will be detained in U.S. government custody in the United States, and (2) are or will be subjected to the Title 42 Process.” In addition, Plaintiff sought declaratory and injunctive relief from the new Title 42 Process as applied to himself and other class members, as well as attorney’s fees and costs. The case was assigned to Judge Emmet G. Sullivan.

Plaintiff filed a motion for class-wide preliminary injunction on August 20, 2020, asking the court to cease the application of the Title 42 Process to himself and class members. On September 6, 2020, the case was referred to Magistrate Judge G. Michael Harvey for the preparation of a report and recommendation on both the motions for a preliminary injunction and class certification.

On September 25, 2020, Magistrate Judge Harvey recommended that Judge Sullivan grant the class certification and the preliminary injunction. 2020 WL 5793305. He found that Plaintiff was likely to succeed on his claim that the government's regulation and order exceeded the authority granted by the Public Health Service Act because the Act does not authorize the government to expel Plaintiff or putative class members from the United States outside of the removal process of the Immigration and Nationality Act and other safeguards in Title 8 of the U.S. Code, including protections provided in the TVPRA.

On November 18, 2020, Judge Sullivan adopted Magistrate Judge Harvey's recommendations and granted Plaintiff's motion for preliminary injunction and provisionally granted the class certification motion. 502 F. Supp. 3d 492. The order declared that the removal of Plaintiff without due process exceeded the authority that public health emergency decrees usually confer. Judge Harvey noted that in another case with similar facts where the D.C. District Court examined the Title 42 Process, the court also granted a preliminary injunction based on likelihood of success on the merits. For more information, see J.B.B.C. v. Wolf.

On November 25, 2020, Defendants appealed the district court's order to the U.S. Court of Appeals for the D.C. Circuit. Defendants then filed a motion to stay pending appeal on December 3, 2020.

Back in the district court, Defendants moved for reconsideration of the November 18 order, which the court denied on December 3, 2020. Defendants contended that, given the strain on the healthcare systems along the southern border and the increased number of unaccompanied minors covered by the CDC order, prohibiting the expulsion of class members deprived the government of an "important tool" to help address the public health emergency. This, they argued, increased the risk of transmitting COVID-19 into the United States and further strained the country's limited healthcare resources. The court ruled that the government did not meet its burden of showing that the circumstances justified a stay pending appeal.

In response to status reports submitted to the court regarding Defendants' compliance with the preliminary injunction, on January 22, 2021, the district court ordered the parties to submit joint status reports addressing Defendants' compliance and, more specifically, updating the court on the situation regarding thirty-two minors who the government returned to Guatemala in November 2020 in violation of the injunction.

On January 29, 2021, the D.C. Circuit granted Defendants' motion to stay. 2021 WL 9100552. Shortly thereafter, the Biden Administration, which had taken office just days before the stay was issued, announced changes to the Trump-era immigration policies. More specifically, on February 11, 2021, the CDC issued a notice stating that it had “exercised its discretion to temporarily exempt from expulsion unaccompanied noncitizen children encountered in the United States” pending a reassessment of the Title 42 Process. As a result, on March 1, 2021, Defendants filed a joint motion to hold the briefing schedule in abeyance, which the D.C. Circuit granted the following day. On July 19, 2021, following the aforementioned reassessment of the Title 42 Process, the CDC issued an order that exempted unaccompanied noncitizen children from the process's application.

In the district court, Defendants filed multiple joint motions throughout 2021 to hold the case in abeyance, which the court granted. The defendants also continued filing status reports to the court. Defendants filed with the D.C. Circuit on March 2, 2022, a motion to terminate the abeyance, vacate this court’s preliminary injunction as moot, and remand to the district court for a determination of whether the case as a whole is moot. On October 17, 2022, the D.C. Circuit ordered the abeyance be lifted. 2022 WL 17246563. As requested by Defendants, the circuit court also ordered the case be remanded to the district court to consider whether all or part of the case had become moot.

On November 22, 2022, Defendants filed a motion in district court seeking to have the case dismissed as moot or, in the alternative, to have the court vacate the preliminary injunction. On January 25, 2023, the district court issued an order granting Plaintiff's motion to hold Defendants' motion to dismiss in abeyance. The order also stayed the case pending completion of appellate proceedings in a related case, Huisha-Huisha v. Mayorkas. 652 F.Supp.3d 103.

On May 11, 2023, implementation of the Title 42 Process ended after the CDC's public health emergency expired. Federal courts quickly thereafter resolved Huisha-Huisha. With the implementation of the Title 42 Process over, and with the resumption of immigration processing of noncitizens apprehended in the United States without travel documents, the parties jointly stipulated to dismiss this case in November 2023.

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Summary Authors

Andrew Pierce (10/1/2020)

Chandler Hart-McGonigle (11/27/2020)

Zofia Peach (3/26/2021)

Logan Moore (4/12/2024)

Texas Civil Rights Project v. Wolf, District of District of Columbia (2020)

Huisha-Huisha v. Mayorkas, District of District of Columbia (2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17448296/parties/pjes-v-wolf/

Judge(s)

Attorney for Plaintiff

Cheung, Ming (New York)

Crook, Jamie Lorraine (California)

Attorney for Defendant

Craigmyle, Bradley (District of Columbia)

Expert/Monitor/Master/Other

Austin, Kathryn (New York)

Castillo, Geroline (New York)

Judge(s)

Harvey, G. Michael (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Attorney for Plaintiff

Cheung, Ming (New York)

Crook, Jamie Lorraine (California)

Drake, Brantley Shaw (Texas)

Galindo, Daniel Antonio (New York)

Garza, Rochelle M (Texas)

Gelernt, Lee (New York)

Goodlette, Tamara (Texas)

Harrold, Adrienne (California)

Huddleston, Kathryn (Texas)

Kang, Stephen Bonggyun (District of Columbia)

Michelman, Scott (District of Columbia)

Olivares, Efren Carlos (Texas)

Perez, Celso Javier (New York)

Russell, Morgan (California)

Segura, Andre (Texas)

Silverman, Robert (Massachusetts)

Spitzer, Arthur (District of Columbia)

Vargas, Karla (Texas)

Wofsy, Cody H. (California)

Attorney for Defendant

Craigmyle, Bradley (District of Columbia)

Kossak, Jonathan D. (District of Columbia)

Lin, Jean (District of Columbia)

Robinson, John (District of Columbia)

Senanayake, Tanya D (District of Columbia)

Snell, Kevin Matthew (District of Columbia)

Expert/Monitor/Master/Other

Austin, Kathryn (New York)

Castillo, Geroline (New York)

Hirose, Mariko (New York)

Levine, Noah Adam (New York)

Miano, John Michael (New York)

Pickering, Wilmer Cutler (District of Columbia)

Volchok, Daniel (District of Columbia)

Wolfson, Paul R. Q. (Illinois)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:20-cv-02245	Docket [PACER] P.J.E.S. v. Wolf	Aug. 24, 2021	Aug. 24, 2021 Docket
1 1:20-cv-02245	Class Action Complaint for Declaratory and Injunctive Relief	Aug. 14, 2020	Aug. 14, 2020 Complaint
15 & 15-1 1:20-cv-02245	Plaintiffs' Motion for Classwide Preliminary Injunction P.J.E.S. v. Wolf	Aug. 20, 2020	Aug. 20, 2020 Pleading / Motion / Brief
30-1 1:20-cv-02245	Brief of Amicus Curiae the International Refugee Assistance Project, INC. In Support of Plaintiff's Motion for Classwide Preliminary Injunction P.J.E.S. v. Wolf	Aug. 31, 2020	Aug. 31, 2020 Pleading / Motion / Brief
36 1:20-cv-02245	Brief for Scholars of Refugee and Immigration Law as Amici Curiae in Support of Plaintiff's Motion for Classwide Preliminary Injunction P.J.E.S. v. Wolf	Sept. 3, 2020	Sept. 3, 2020 Pleading / Motion / Brief
57 1:20-cv-02245	Brief Amicus Curiae of the Immigration Reform Law Institute P.J.E.S. v. Wolf	Sept. 17, 2020	Sept. 17, 2020 Pleading / Motion / Brief
65 1:20-cv-02245	Magistrate Judge's Report and Recommendation P.J.E.S. v. Wolf	Sept. 25, 2020	Sept. 25, 2020 Magistrate Report/Recommendation 2020 WL 5793305
80 1:20-cv-02245	Memorandum Opinion P.J.E.S. v. Wolf	Nov. 18, 2020	Nov. 18, 2020 Order/Opinion 502 F.Supp.3d 492
148 1:20-cv-02245	Motion to Hold Motion to Dismiss in Abeyance P.J.E.S v. Mayorkas	Jan. 6, 2023	Jan. 6, 2023 Pleading / Motion / Brief
152 1:20-cv-02245	Memorandum Opinion and Order P.J.E.S v. Mayorkas	Jan. 25, 2023	Jan. 25, 2023 Order/Opinion 652 F.Supp.3d 103

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Resources

Title	Description		External URL Date / External URL
Judge Halts ‘Public Health’ Expulsions of Children at the Border Zolan Kanno-Youngs	A federal judge ruled Wednesday that a public health emergency decree did not give the Trump administration authority to expel unaccompanied children before they could request asylum.	Nov. 18, 2020	Nov. 18, 2020 https://www.nytimes.com/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17448296/pjes-v-wolf/

Last updated May 4, 2025, 10:56 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, HEIDI STIRRUP, CHAD F. WOLF ( Filing fee $ 400 receipt number CDCDC-7467238) filed by P.J.E.S.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for All Defendants, U.S. Attorney, and U.S. Attorney General)(Perez, Celso) (Entered: 08/14/2020) 1 Civil Cover Sheet View on PACER 2 Summons for All Defendants, U.S. Attorney, and U.S. Attorney General View on PACER	Aug. 14, 2020	Aug. 14, 2020 Clearinghouse
2	MOTION to Certify Class by P.J.E.S. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Stephen B. Kang with Exhibits, # 3 Declaration of Scott Michelman, # 4 Declaration of Nicholas Stefaniak)(Perez, Celso) (Entered: 08/14/2020) 1 Memorandum in Support View on RECAP 2 Declaration of Stephen B. Kang with Exhibits View on PACER 3 Declaration of Scott Michelman View on PACER 4 Declaration of Nicholas Stefaniak View on PACER	Aug. 14, 2020	Aug. 14, 2020 PACER
3	NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 08/14/2020)	Aug. 14, 2020	Aug. 14, 2020 PACER
	Case assigned to Judge Emmet G. Sullivan. (zmc)	Aug. 17, 2020	Aug. 17, 2020 PACER
	Case Assigned/Reassigned	Aug. 17, 2020	Aug. 17, 2020 PACER
4	SUMMONS (10) Issued Electronically as to MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, HEIDI STIRRUP, CHAD F. WOLF, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 08/17/2020) 1 Notice and Consent View on PACER	Aug. 17, 2020	Aug. 17, 2020 PACER
5	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephen B. Kang, Filing fee $ 100, receipt number ADCDC-7483309. Fee Status: Fee Paid. by P.J.E.S. (Perez, Celso) (Entered: 08/19/2020)	Aug. 19, 2020	Aug. 19, 2020 PACER
6	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Adrienne Harrold, Filing fee $ 100, receipt number ADCDC-7483388. Fee Status: Fee Paid. by P.J.E.S. (Perez, Celso) (Entered: 08/19/2020)	Aug. 19, 2020	Aug. 19, 2020 PACER
7	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel Galindo, Filing fee $ 100, receipt number ADCDC-7483442. Fee Status: Fee Paid. by P.J.E.S. (Perez, Celso) (Entered: 08/19/2020)	Aug. 19, 2020	Aug. 19, 2020 PACER
8	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lee Gelernt, Filing fee $ 100, receipt number ADCDC-7483556. Fee Status: Fee Paid. by P.J.E.S. (Perez, Celso) (Entered: 08/19/2020)	Aug. 19, 2020	Aug. 19, 2020 PACER
9	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Morgan Russell, Filing fee $ 100, receipt number ADCDC-7483673. Fee Status: Fee Paid. by P.J.E.S. (Perez, Celso) (Entered: 08/19/2020)	Aug. 19, 2020	Aug. 19, 2020 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Aug. 19, 2020	Aug. 19, 2020 PACER
10	STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 08/19/20. (Attachment: # 1 Exhibit 1) (mac) (Entered: 08/19/2020) 1 Exhibit 1 View on PACER	Aug. 19, 2020	Aug. 19, 2020 PACER
	MINUTE ORDER granting 5 motion for leave to appear pro hac vice. Stephen B. Kang is hereby admitted pro hac vice in this action. However, the Court notes that this is Attorney Kang's fifth time being admitted pro hac vice in this court in two years. 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 Emmet G. S ullivan on 8/19/2020. (lcegs2)	Aug. 19, 2020	Aug. 19, 2020 PACER
	MINUTE ORDER granting 6 motion for leave to appear pro hac vice. Adrienne Harrold is hereby admitted pro hac vice in this action. However, the Court notes that this is Attorney Harrold's fourth time being admitted pro hac vice in this court in two years. 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 Emm et G. Sullivan on 8/19/2020. (lcegs2)	Aug. 19, 2020	Aug. 19, 2020 PACER
	MINUTE ORDER granting 7 motion for leave to appear pro hac vice. Daniel Galindo is hereby admitted pro hac vice in this action. However, the Court notes that this is Attorney Galindo's fifth time being admitted pro hac vice in this court in two years. 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 Emmet G. Sullivan on 8/19/2020. (lcegs2)	Aug. 19, 2020	Aug. 19, 2020 PACER
	MINUTE ORDER granting 8 motion for leave to appear pro hac vice. Lee Gelernt is hereby admitted pro hac vice in this action. However, the Court notes that this is Attorney Gelernt's sixth time being admitted pro hac vice in this court in two years. 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 Emmet G. Sul livan on 8/19/2020. (lcegs2)	Aug. 19, 2020	Aug. 19, 2020 PACER
	MINUTE ORDER granting 9 motion for leave to appear pro hac vice. Morgan Russell is hereby admitted pro hac vice in this action. However, the Court notes that this is Attorney Russell's fifth time being admitted pro hac vice in this court in two years. 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 Emmet G. Sullivan on 8/19/2020. (lcegs2)	Aug. 19, 2020	Aug. 19, 2020 PACER
11	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cody Wofsy, Filing fee $ 100, receipt number ADCDC-7488178. Fee Status: Fee Paid. by P.J.E.S. (Perez, Celso) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
12	NOTICE of Appearance by Lee Gelernt on behalf of P.J.E.S. (Gelernt, Lee) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
13	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Omar Jadwat, Filing fee $ 100, receipt number ADCDC-7489893. Fee Status: Fee Paid. by P.J.E.S. (Perez, Celso) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
14	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by P.J.E.S. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration of Mario Francisco Escobar)(Gelernt, Lee) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
15	MOTION for Preliminary Injunction by P.J.E.S. (Attachments: # 1 Memorandum in Support of Preliminary Injunction, # 2 Text of Proposed Order, # 3 Index of Exhibits in Support of Motion for Preliminary Injunction, # 4 Declaration of Adrienne Harrold, # 5 Exhibit A-H of Adrienne Harrold Declaration, # 6 Declaration of Chris Palusky, # 7 Declaration of Les Roberts and Stephen Patrick Kachur, # 8 Exhibit CV of Les Roberts, # 9 Exhibit CV of Stephen Patrick Kachur, # 10 Declaration of Linda Corchado, # 11 Declaration of Taylor Levy, # 12 Declaration of Lisa Frydman)(Gelernt, Lee) (Entered: 08/20/2020) 1 Memorandum in Support of Preliminary Injunction View on RECAP 2 Text of Proposed Order View on PACER 3 Index of Exhibits in Support of Motion for Preliminary Injunction View on RECAP 4 Declaration of Adrienne Harrold View on PACER 5 Exhibit A-H of Adrienne Harrold Declaration View on PACER 6 Declaration of Chris Palusky View on PACER 7 Declaration of Les Roberts and Stephen Patrick Kachur View on PACER 8 Exhibit CV of Les Roberts View on PACER 9 Exhibit CV of Stephen Patrick Kachur View on PACER 10 Declaration of Linda Corchado View on PACER 11 Declaration of Taylor Levy View on RECAP 12 Declaration of Lisa Frydman View on RECAP	Aug. 20, 2020	Aug. 20, 2020 Clearinghouse
16	ERRATA Concerning Motion for Class Certification by P.J.E.S. 2 MOTION to Certify Class filed by P.J.E.S.. (Attachments: # 1 Text of Proposed Order of Motion for Class Certification)(Gelernt, Lee) (Entered: 08/21/2020) 1 Text of Proposed Order of Motion for Class Certification View on PACER	Aug. 21, 2020	Aug. 21, 2020 PACER
	Order	Aug. 21, 2020	Aug. 21, 2020 PACER
17	Unopposed MOTION for Leave to File Amicus Curiae Brief by Scholars of Refugee and Immigration Law (Attachments: # 1 Amicus Brief, # 2 Text of Proposed Order)(Wolfson, Paul) (Entered: 08/21/2020) 1 Amicus Brief View on PACER 2 Text of Proposed Order View on PACER	Aug. 21, 2020	Aug. 21, 2020 RECAP
	Set/Reset Deadlines	Aug. 21, 2020	Aug. 21, 2020 PACER
	MINUTE ORDER. In view of 15 plaintiffs' motion for classwide preliminary injunction, plaintiffs are HEREBY DIRECTED to contact forthwith the United States Attorney's Office for the District of Columbia and/or the Department of Justice as appropriate to identify government counsel. The parties shall thereafter file a joint status report by no later than 12:00 pm on August 27, 2020 with recommendations for further proceedings, including, inter alia, (1) proposed briefing schedule for 2 Motion to Certify Class; (2) whether plaintiffs' motion for classwide preliminary injunction should be consolidated with the merits under Federal Rule of Civil Procedure 65; and (3) recommendations for further proceedings including, if necessary, a briefing schedule for plaintiffs' motion for classwide preliminary injunction. Signed by Judge Emmet G. Sullivan on 8/21/2020. (lcegs1)	Aug. 21, 2020	Aug. 21, 2020 PACER
18	NOTICE of Appearance by Paul R.Q. Wolfson on behalf of Scholars of Refugee and Immigration Law (Wolfson, Paul) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
19	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Noah A. Levine, Filing fee $ 100, receipt number ADCDC-7494939. Fee Status: Fee Paid. by Scholars of Refugee and Immigration Law (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Wolfson, Paul) (Entered: 08/21/2020) 1 Declaration View on PACER 2 Text of Proposed Order View on PACER	Aug. 21, 2020	Aug. 21, 2020 PACER
	Set/Reset Deadlines: Joint Status Report due no later than 12:00PM on 8/27/2020 (mac)	Aug. 21, 2020	Aug. 21, 2020 PACER
20	NOTICE of Appearance by Stephen Bonggyun Kang on behalf of P.J.E.S. (Kang, Stephen) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
21	NOTICE of Appearance by Morgan Russell on behalf of P.J.E.S. (Russell, Morgan) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
22	NOTICE of Appearance by Adrienne Pon Harrold on behalf of P.J.E.S. (Harrold, Adrienne) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
23	NOTICE of Appearance by Daniel Antonio Galindo on behalf of P.J.E.S. (Galindo, Daniel) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
	.Order	Aug. 21, 2020	Aug. 21, 2020 PACER
	MINUTE ORDER granting 11 motion for leave to appear pro hac vice. Cody Wofsy is hereby admitted pro hac vice in this action. However, the Court notes that this is Attorney Wofsy's fifth time being admitted pro hac vice in this court in two years. 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 Emmet G. Sull ivan on 8/22/2020. (lcegs2)	Aug. 22, 2020	Aug. 22, 2020 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Aug. 22, 2020	Aug. 22, 2020 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Aug. 23, 2020	Aug. 23, 2020 PACER
	MINUTE ORDER granting 13 motion for leave to appear pro hac vice. Omar Jadwat is hereby admitted pro hac vice in this action. However, the Court notes that this is Attorney Jadwat's fifth time being admitted pro hac vice in this court in two years. 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 Emmet G. Su llivan on 8/24/2020. (lcegs2)	Aug. 24, 2020	Aug. 24, 2020 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Aug. 24, 2020	Aug. 24, 2020 PACER
	MINUTE ORDER granting 19 motion for leave to appear pro hac vice. Noah A. Levine is hereby admitted pro hac vice in this action. 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 Emmet G. Sullivan on 8/24/2020. (lcegs2)	Aug. 24, 2020	Aug. 24, 2020 PACER
24	NOTICE of Appearance by Noah A. Levine on behalf of SCHOLARS OF REFUGEE AND IMMIGRATION LAW (Levine, Noah) (Entered: 08/25/2020)	Aug. 25, 2020	Aug. 25, 2020 PACER
25	Joint STATUS REPORT by MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, HEIDI STIRRUP, CHAD F. WOLF. (Lin, Jean) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 RECAP
26	NOTICE of Appearance by Cody H. Wofsy on behalf of P.J.E.S. (Wofsy, Cody) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 PACER
	MINUTE ORDER. In view of 25 joint status report, in which parties indicate that the Centers for Disease Control and Prevention ("CDC") expects to issue a Final Rule, as well as an amended CDC Order, the parties SHALL limit their briefs to arguments concerning Plaintiff's motions for preliminary injunction and class certification. Parties SHALL adhere to the following briefing schedule: Defendant's Opposition to Plaintiffs motions for preliminary injunction and class certification shall be filed by no later than September 8, 2020, and Plaintiff's Reply shall be filed by no later than September 15, 2020. Signed by Judge Emmet G. Sullivan on 8/28/2020. (lcegs2)	Aug. 28, 2020	Aug. 28, 2020 PACER
	Order	Aug. 28, 2020	Aug. 28, 2020 PACER
	Set/Reset Deadlines	Aug. 28, 2020	Aug. 28, 2020 PACER
	Set/Reset Deadlines: Defendant's Opposition To Plaintiffs Motions For Preliminary Injunction And Class Certification due by 9/8/2020. Plaintiff's Reply due by 9/15/2020. (mac)	Aug. 28, 2020	Aug. 28, 2020 PACER
	.Order	Aug. 28, 2020	Aug. 28, 2020 PACER
27	NOTICE of Appearance by Jean Lin on behalf of All Defendants (Lin, Jean) (Entered: 08/29/2020)	Aug. 29, 2020	Aug. 29, 2020 PACER
28	NOTICE of Appearance by Kevin Matthew Snell on behalf of All Defendants (Snell, Kevin) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020 PACER
29	NOTICE of Appearance by Jamie L. Crook on behalf of All Plaintiffs (Crook, Jamie) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020 PACER
30	MOTION for Leave to File Amicus Curiae Brief by INTERNATIONAL REFUGEE ASSISTANCE PROJECT (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order)(Austin, Kathryn) (Entered: 08/31/2020) 1 Exhibit Proposed Amicus Brief View on Clearinghouse 2 Text of Proposed Order View on PACER	Aug. 31, 2020	Aug. 31, 2020 PACER
31	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Karla M. Vargas, Filing fee $ 100, receipt number ADCDC-7546995. Fee Status: Fee Paid. by P.J.E.S. (Perez, Celso) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 RECAP
	Order on Motion for Leave to File	Sept. 3, 2020	Sept. 3, 2020 PACER
32	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Efren C. Olivares, Filing fee $ 100, receipt number ADCDC-7547014. Fee Status: Fee Paid. by P.J.E.S. (Perez, Celso) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Sept. 3, 2020	Sept. 3, 2020 PACER
	MINUTE ORDER granting 14 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL. Plaintiff may file his document under seal. However, given the strong presumption in favor of public access to judicial records, see, e.g., Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978) ("It is clear that the courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents."), and the ease with which confidential and proprietary information may be redacted from documents before they are filed publicly, Plaintiffs are directed to file a redacted version of their sealed document on the public record within five business days of this Order. Plaintiffs are cautioned that redactions shall be made solely to the extent necessary to preserve the confidential or proprietary nature of the relevant information. Further, the Court GRANTS 17 Unopposed MOTION for Leave to File Amicus Curiae Brief by Scholars of Refugee and Immigration Law and 30 MOTION for Leave to File Amicus Curiae Brief by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. Signed by Judge Emmet G. Sullivan on 9/3/2020. (lcegs2)	Sept. 3, 2020	Sept. 3, 2020 PACER
	MINUTE ORDER granting 31 motion for leave to appear pro hac vice. Karla M. Vargas is hereby admitted pro hac vice in this action. 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 Emmet G. Sullivan on 9/3/2020. (lcegs2)	Sept. 3, 2020	Sept. 3, 2020 PACER
	MINUTE ORDER granting 32 motion for leave to appear pro hac vice. Efren C. Olivares is hereby admitted pro hac vice in this action. 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 Emmet G. Sullivan on 9/3/2020. (lcegs2)	Sept. 3, 2020	Sept. 3, 2020 PACER
33	NOTICE of Appearance by Kathryn S. Austin on behalf of INTERNATIONAL REFUGEE ASSISTANCE PROJECT (Austin, Kathryn) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 PACER
36	AMICUS BRIEF by SCHOLARS OF REFUGEE AND IMMIGRATION LAW. (zjf) (Entered: 09/08/2020)	Sept. 3, 2020	Sept. 3, 2020 Clearinghouse
37	AMICUS BRIEF by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. (zjf) (Entered: 09/08/2020)	Sept. 3, 2020	Sept. 3, 2020 PACER
	Order on Motion for Leave to File AND Order on Sealed Motion for Leave to File Document Under Seal AND Order on Motion for Leave to File	Sept. 3, 2020	Sept. 3, 2020 PACER
	Order on Motion for Leave to File AND Order on Motion for Leave to File AND Order on Sealed Motion for Leave to File Document Under Seal	Sept. 3, 2020	Sept. 3, 2020 PACER
	Order on Sealed Motion for Leave to File Document Under Seal AND Order on Motion for Leave to File AND Order on Motion for Leave to File	Sept. 3, 2020	Sept. 3, 2020 PACER
	Set/Reset Deadlines	Sept. 4, 2020	Sept. 4, 2020 PACER
	Set/Reset Deadlines: Plaintiff Redacted Document due by 9/8/2020. (mac)	Sept. 4, 2020	Sept. 4, 2020 PACER
34	NOTICE of Appearance by Mariko Hirose on behalf of INTERNATIONAL REFUGEE ASSISTANCE PROJECT (Hirose, Mariko) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
35	NOTICE of Appearance by Karla Vargas on behalf of P.J.E.S. (Vargas, Karla) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 RECAP
	MINUTE ORDER referring case to Magistrate Judge Harvey for full case management pursuant to Local Civil Rule 72.2, including, pursuant to Local Civil Rule 72.3(a)(2), the preparation of a report and recommendation on the motion for classwide preliminary injunction and, pursuant to Local Civil Rule 72.3(a)(3), the motion to certify class; as well as, pursuant to Local Civil Rule 72.3(a)(3), any subsequent cross motion for summary judgment. Signed by Judge Emmet G. Sullivan on 9/6/2020. (lcegs1)	Sept. 6, 2020	Sept. 6, 2020 PACER
	MINUTE ORDER. In view of the referral of this case to Magistrate Judge Harvey for full case management pursuant to Local Civil Rule 72.2, the parties shall adhere to the following expedited briefing schedule should there be objections to the recommendations of the Magistrate Judge. Objections shall be due no later than 7 after being served with a copy thereof; oppositions shall be due no later than 7 days after being served with a copy of the objections; and replies shall be due no later than 5 days after being served with a copy of the opposition. Signed by Judge Emmet G. Sullivan on 9/6/2020. (lcegs1)	Sept. 6, 2020	Sept. 6, 2020 PACER
	Order	Sept. 6, 2020	Sept. 6, 2020 PACER
	Order Referring Case to Magistrate Judge AND .Order	Sept. 6, 2020	Sept. 6, 2020 PACER
	.Order AND Order Referring Case to Magistrate Judge	Sept. 6, 2020	Sept. 6, 2020 PACER
	.Order	Sept. 6, 2020	Sept. 6, 2020 PACER
38	NOTICE of Appearance by Tanya D. Senanayake on behalf of All Defendants (Senanayake, Tanya) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
39	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/21/2020. Answer due for ALL FEDERAL DEFENDANTS by 10/20/2020. (Perez, Celso) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
40	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/21/2020. (Perez, Celso) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
41	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MATTHEW T. ALBENCE served on 8/21/2020; ALEX M. AZAR, II served on 8/21/2020; MARK A. MORGAN served on 8/21/2020; TODD C. OWEN served on 8/21/2020; ROBERT R. REDFIELD served on 8/20/2020; RODNEY S. SCOTT served on 8/21/2020; HEIDI STIRRUP served on 8/21/2020; CHAD F. WOLF served on 8/21/2020 (Perez, Celso) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
42	RESPONSE re 15 MOTION for Preliminary Injunction filed by MATTHEW T. ALBENCE, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, HEIDI STIRRUP, CHAD F. WOLF. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(Lin, Jean) (Entered: 09/08/2020) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Text of Proposed Order View on PACER	Sept. 8, 2020	Sept. 8, 2020 RECAP
43	RESPONSE re 2 MOTION to Certify Class filed by MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, HEIDI STIRRUP, CHAD F. WOLF. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(Lin, Jean) (Entered: 09/08/2020) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Text of Proposed Order View on PACER	Sept. 8, 2020	Sept. 8, 2020 PACER
44	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, HEIDI STIRRUP, CHAD F. WOLF (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order, # 5 Certificate of Service)(Lin, Jean) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
	Case Referred to Magistrate Judge	Sept. 9, 2020	Sept. 9, 2020 PACER
	CASE REFERRED to Magistrate Judge G. Michael Harvey for full case management pursuant to Local Civil Rule 72.2 (zmd)	Sept. 9, 2020	Sept. 9, 2020 PACER
45	ORDER granting 44 Sealed Motion for Leave to File Document Under Seal. Signed by Magistrate Judge G. Michael Harvey on 9/9/20. (MFB) (Entered: 09/09/2020)	Sept. 9, 2020	Sept. 9, 2020 PACER
46	REDACTED DOCUMENT- Redacted Declaration to 15 MOTION for Preliminary Injunction by P.J.E.S.. (Attachments: # 1 Declaration of Mario Escobar Francisco)(Gelernt, Lee) (Entered: 09/10/2020) 1 Declaration of Mario Escobar Francisco View on RECAP	Sept. 10, 2020	Sept. 10, 2020 PACER
47	NOTICE of Appearance by John Michael Miano on behalf of IMMIGRATION REFORM LAW INSTITUTE (Miano, John) (Main Document 47 replaced on 9/14/2020) (zjf). (Entered: 09/13/2020)	Sept. 13, 2020	Sept. 13, 2020 PACER
48	MOTION for Leave to File by IMMIGRATION REFORM LAW INSTITUTE (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order, # 3 Certificate of Service)(Miano, John) (Entered: 09/14/2020)	Sept. 14, 2020	Sept. 14, 2020 PACER
49	SCHEDULING ORDER: See Order for details. Responses due by 9/16/2020. Signed by Magistrate Judge G. Michael Harvey on 9/14/20. (MFB) (Entered: 09/14/2020)	Sept. 14, 2020	Sept. 14, 2020 RECAP
50	CERTIFICATE OF SERVICE by IMMIGRATION REFORM LAW INSTITUTE re 48 MOTION for Leave to File Corrected. (Miano, John) (Entered: 09/14/2020)	Sept. 14, 2020	Sept. 14, 2020 PACER
51	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by P.J.E.S. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Memorandum in Support of Motions for Classwide Preliminary Injunction and Class Certification)(Gelernt, Lee) (Entered: 09/15/2020)	Sept. 15, 2020	Sept. 15, 2020 PACER
52	REPLY to opposition to motion re 15 MOTION for Preliminary Injunction, 2 MOTION to Certify Class filed by P.J.E.S.. (Attachments: # 1 Declaration of P.J.E.S., # 2 Declaration of Stephen B. Kang (Second), # 3 Exhibit in Support of Stephen B. Kang's Second Declaration, # 4 Declaration of Mark Greenberg with Exhibit)(Gelernt, Lee) (Entered: 09/15/2020) 1 Declaration of P.J.E.S. View on PACER 2 Declaration of Stephen B. Kang (Second) View on PACER 3 Exhibit in Support of Stephen B. Kang's Second Declaration View on PACER 4 Declaration of Mark Greenberg with Exhibit View on PACER	Sept. 15, 2020	Sept. 15, 2020 RECAP
53	ORDER granting 51 Sealed Motion for Leave to File Document Under Seal. Signed by Magistrate Judge G. Michael Harvey on 9/16/20. (MFB) (Entered: 09/16/2020)	Sept. 16, 2020	Sept. 16, 2020 PACER
54	NOTICE by P.J.E.S. re 49 Scheduling Order (Gelernt, Lee) (Entered: 09/16/2020)	Sept. 16, 2020	Sept. 16, 2020 PACER
56	SEALED MEMORANDUM re 15 MOTION for Preliminary Injunction and, 2 MOTION to Certify Class filed by P.J.E.S. (This document is SEALED and only available to authorized persons.)(zjf) (Entered: 09/22/2020)	Sept. 16, 2020	Sept. 16, 2020 PACER
55	ORDER granting 48 Motion for Leave to File. Signed by Magistrate Judge G. Michael Harvey on 9/17/20. (MFB) (Entered: 09/17/2020)	Sept. 17, 2020	Sept. 17, 2020 PACER
57	AMICUS BRIEF by IMMIGRATION REFORM LAW INSTITUTE. (zjf) (Entered: 09/22/2020)	Sept. 17, 2020	Sept. 17, 2020 Clearinghouse
58	MOTION to Strike 52 Reply to opposition to Motion, ECF No. 52-4 (Declaration of Mark Greenberg), MOTION for Leave to File September 17, 2020 Declaration of Jallyn Sualog by MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, HEIDI STIRRUP, CHAD F. WOLF (Attachments: # 1 Exhibit Declaration of Jallyn Sualog, # 2 Text of Proposed Order Proposed Order)(Senanayake, Tanya) (Entered: 09/22/2020) 1 Exhibit Declaration of Jallyn Sualog View on PACER 2 Text of Proposed Order Proposed Order View on PACER	Sept. 22, 2020	Sept. 22, 2020 PACER

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Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 24, 2020

Closing Date: Nov. 6, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

16-year old minor fleeing Guatemala. The provisional class is "all unaccompanied noncitizen children who (1) are or will be detained in U.S. government custody in the United States, and (2) are or will be subjected to expulsion from the United States under the CDC Order Process, whether pursuant to an Order issued by the Director of the Centers for Disease Control and Prevention."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Secretary of Homeland Security (Washington, DC, District of Columbia), Federal

Acting Commissioner of CBP (Washington DC, District of Columbia), Federal