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

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

Filed Date: Aug. 24, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This putative class action case challenges the government’s use of an emergency public health order issued under 42 U.S.C. § 265 to restrict immigration of unaccompanied minors. Pursuant to the emergency public order, the government has expelled unaccompanied children without following usual immigration laws, saying the children could spread COVID-19 if the children were processed and detained under regular immigration laws. The plaintiff sought declaratory and injunctive rel…

COVID-19 Summary: This putative class action case challenges the government’s use of an emergency public health order issued under 42 U.S.C. § 265 to restrict immigration of unaccompanied minors. Pursuant to the emergency public order, the government has expelled unaccompanied children without following usual immigration laws, saying the children could spread COVID-19 if the children were processed and detained under regular immigration laws. The plaintiff sought declaratory and injunctive relief from the order, as well as class certification and a preliminary injunction. On November 18, the court granted the plaintiff's request for a preliminary injunction and certified the class. The defendants appealed on November 25 and moved to stay the case pending appeal, which the D.C. Circuit granted. The case and appeal remain ongoing.


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, the President 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 Department of Homeland Security discretion to allow exceptions based on the totality of the circumstances, and it 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 the 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 pursuant to the Title 42 Process. Additionally, even with the presence of a relative in the United States and vacancy in an ORR facility, the plaintiff – exhibiting no COVID-19 symptoms – remained in CBP custody.

In response to this treatment by the Border Patrol, on August 14, 2020, the 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 Centers for Disease and Control, 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. The 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 the court certify the class as “[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, the plaintiff sought declaratory and injunctive relief from the new Title 42 Process as applied to the plaintiff and class members, as well as attorney’s fees and costs. The case was assigned to Judge Emmet G. Sullivan.

The plaintiff filed a motion for classwide preliminary injunction on August 20th, asking the court to cease the application of the Title 42 Process to plaintiff and class members. The International Refugee Assistance Project filed an Amicus Brief in support of the plaintiff’s motion. On September 6, 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, Magistrate Judge Harvey recommended that Judge Sullivan grant the class certification and the preliminary injunction. 2020 WL 5793305. He found that the plaintiff was likely to succeed on his claim that the Regulation and Order exceeded the authority granted by the Public Health Service Act because the Act does not authorize the government to expel the plaintiff or putative class members from the US 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, Judge Sullivan adopted Magistrate Judge Harvey's recommendations and granted the plaintiff's motion for preliminary injunction and provisionally granted the motion to certify class. 2020 WL 6770508. The order declared that the removal of the plaintiff without due process exceeded the authority that public health emergency decrees usually confer. Judge Harvey noted that another court in the D.C. District Court examined the Title 42 Process in a case with similar facts 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, the defendants appealed the order to the D.C. Circuit, which was assigned USCA Case Number 20-5357. The defendants also filed a motion to stay pending appeal on December 3.

Back in the district court, the defendants moved for reconsideration of the November 18 order, which the court denied on December 3. The defendants contended that, given the strain on the strain on the healthcare systems along the southern border and 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, 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 its burden of showing that the circumstances justified a stay pending appeal.

In response to the defendants' notices to the court regarding their compliance with the preliminary injunction, on January 22, the court ordered the parties to submit joint status reports addressing the defendants' compliance and, more specifically, updating the court on the situation regarding thirty-two minors who were returned to Guatemala in violation of the injunction.

On January 29, the D.C. Circuit granted the defendants' motion to stay. On March 1, the defendants filed a joint motion to suspend the briefing schedule, which the Circuit Court granted the following day.

In the District Court, the defendants filed multiple joint motions to hold the case in abeyance, which the court granted. The defendants continued filing status reports to the court throughout 2021.

The case remains ongoing.

Summary Authors

Andrew Pierce (10/1/2020)

Chandler Hart-McGonigle (11/27/2020)

Zofia Peach (3/26/2021)

Related Cases

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

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/59766270/parties/pjes-v-wolf/


Judge(s)

Harvey, G. Michael (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) 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)

Judge(s)

Harvey, G. Michael (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) 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)

Attorneys(s) for Defendant

Craigmyle, Bradley (District of Columbia)

Lin, Jean (District of Columbia)

Senanayake, Tanya D (District of Columbia)

Snell, Kevin Matthew (District of Columbia)

Other Attorney(s)

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)

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

2020 WL 5793305

Sept. 25, 2020

Sept. 25, 2020

Magistrate Report/Recommendation
80

1:20-cv-02245

Memorandum Opinion

P.J.E.S. v. Wolf

502 F.Supp.3d 492, 2020 WL 6770508

Nov. 18, 2020

Nov. 18, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59766270/pjes-v-wolf/

Last updated Aug. 6, 2022, 3:05 a.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)

Aug. 14, 2020

Aug. 14, 2020

PACER
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)

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
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)

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
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)

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)

Aug. 20, 2020

Aug. 20, 2020

PACER
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)

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)

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)

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

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

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

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

PACER
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

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
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)

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

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

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

PACER
37

AMICUS BRIEF by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. (zjf) (Entered: 09/08/2020)

Sept. 3, 2020

Sept. 3, 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

PACER

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
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)

Sept. 8, 2020

Sept. 8, 2020

PACER
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)

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 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)

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

PACER
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)

Sept. 15, 2020

Sept. 15, 2020

PACER
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

PACER
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)

Sept. 22, 2020

Sept. 22, 2020

PACER
59

ENTERED IN ERROR..... MOTION for Leave to File (same filing as ECF No. 58) 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) Modified on 9/24/2020 (znmw). (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
60

SCHEDULING ORDER: Responses due by 5:00 p.m. EDT 9/24/2020 Replies due by 3:00 p.m. EDT 9/25/2020. See Order for further details. Signed by Magistrate Judge G. Michael Harvey on 9/23/20. (MFB) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER

NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 59 MOTION for Leave to File (same filing as ECF No. 58) was entered in error (duplicate); Docket Entry 58 is correct as filed as to both reliefs requested. (znmw)

Sept. 24, 2020

Sept. 24, 2020

PACER
61

RESPONSE re 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 and Notice Regarding Impact of Order in Flores v. Barr filed by P.J.E.S.. (Attachments: # 1 Text of Proposed Order)(Gelernt, Lee) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
62

NOTICE TO COURT CORRECTING PLAINTIFF'S AGE by P.J.E.S. re 52 Reply to opposition to Motion, (Gelernt, Lee) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
63

REPLY to opposition to motion re 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 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. (Senanayake, Tanya) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
64

ORDER denying 58 Motion to Strike ; granting 58 Motion for Leave to File. Signed by Magistrate Judge G. Michael Harvey on 9/25/20. (MFB) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
65

REPORT AND RECOMMENDATION re 15 MOTION for Preliminary Injunction filed by P.J.E.S., 2 MOTION to Certify Class filed by P.J.E.S.. Signed by Magistrate Judge G. Michael Harvey on 9/25/20. (MFB) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
68

SUPPLEMENTARY DECLARATION OF JALLYN SUALOG, DEPUTY DIRECTOR, OFFICE OF REFUGEE RESETTLEMENT re 42 RESPONSE re 15 MOTION for Preliminary Injunction by MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, HEIDI STIRRUP. (zjf) (Entered: 10/02/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
66

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ming Cheung, Filing fee $ 100, receipt number ADCDC-7648323. Fee Status: Fee Paid. by P.J.E.S. (Perez, Celso) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
67

ORDER granting 66 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 in structions. Signed by Magistrate Judge G. Michael Harvey on 9/29/20. (MFB) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
69

OBJECTION to 65 Report and Recommendations 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. (Lin, Jean) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
70

NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) (Entered: 10/04/2020)

Oct. 4, 2020

Oct. 4, 2020

PACER
71

NOTICE of Appearance by Ming Cheung on behalf of P.J.E.S. (Cheung, Ming) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
72

RESPONSE re 69 Objection to Report and Recommendations filed by P.J.E.S.. (Gelernt, Lee) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
73

Unopposed MOTION to Vacate deadline for Defendants to answer or otherwise respond to Complaint, Unopposed MOTION for Scheduling Order for 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 (Attachments: # 1 Text of Proposed Order)(Senanayake, Tanya) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
74

ORDER granting 73 Motion to Vacate ; granting 73 Motion for Scheduling Order. See Order for details. Signed by Magistrate Judge G. Michael Harvey on 10/14/20. (MFB) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
75

REPLY re 69 Report and Recommendations (REPLY IN SUPPORT OF OJBECTION) 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. (Lin, Jean) Modified on 10/15/2020 to add docket link (zjf). (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
76

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robert Silverman, Filing fee $ 100, receipt number ADCDC-7739760. Fee Status: Fee Paid. by P.J.E.S. (Perez, Celso) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
77

ORDER granting 76 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 in structions. Signed by Magistrate Judge G. Michael Harvey on 10/21/20. (MFB) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
78

NOTICE REGARDING PENDING MOTION FOR PRELIMINARY INJUNCTION by P.J.E.S. re 15 MOTION for Preliminary Injunction (Gelernt, Lee) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
79

ORDER adopting 65 REPORT AND RECOMMENDATION; provisionally granting 2 MOTION to Certify Class; and granting 15 MOTION for Preliminary Injunction. Signed by Judge Emmet G. Sullivan on 11/18/2020. (lcegs2) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER

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

Case Ongoing: Yes

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

Executive Assistant Commissioner of CBP's Office of Field Operations (Washington, District of Columbia), Federal

Chief of U.S. Border Patrol (Washington D.C. , District of Columbia), Federal

Deputy Director of ICE (Washington DC, District of Columbia), Federal

Secretary of Health and Human Services (Washington DC, District of Columbia), Federal

Director of the Center for Disease Control (Washington DC, District of Columbia), Federal

Acting Director of the Office of Refugee Resettlement (Washington DC, District of Columbia), 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.

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

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

COVID-19:

Mitigation Granted

Mitigation Requested

Release-process created/modified

Transfer-ordered or process created/modified

Type of Facility:

Government-run

Immigration/Border:

Admission - procedure

Asylum - procedure

Convention against Torture

Deportation - procedure