Case: A.B. v. Morgan

1:20-cv-00846 | U.S. District Court for the District of Columbia

Filed Date: March 27, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about whether untrained Customs and Border Protection (CBP) agents can make asylum determinations in place of trained career Asylum Officers. The district court granted the plaintiffs' motion for a preliminary injunction and preliminarily enjoined the defendants from permitting CBP agents to conduct asylum interviews or make credible fear determinations pending a ruling on the merits in this case. Plaintiffs File Complaint Challenging "Credible Fear" Interviews by CBPOn March 27, 2…

This case is about whether untrained Customs and Border Protection (CBP) agents can make asylum determinations in place of trained career Asylum Officers. The district court granted the plaintiffs' motion for a preliminary injunction and preliminarily enjoined the defendants from permitting CBP agents to conduct asylum interviews or make credible fear determinations pending a ruling on the merits in this case.

Plaintiffs File Complaint Challenging "Credible Fear" Interviews by CBP

On March 27, 2020, the plaintiffs, a group of mothers and children from Honduras, Ecuador, and Mexico seeking asylum in the United States, filed this lawsuit in the District Court for the District of Columbia. The plaintiffs sued the Acting Commissioner of CBP, the Acting Secretary of Homeland Security, the Acting Director of U.S. Citizenship and Immigration Services, and the Attorney General. The plaintiffs alleged that a January 30, 2020 Memo permitting CBP agents to conduct “credible fear” interviews for asylum seekers (1) was issued in violation of the Federal Vacancies Reform Act (FVRA), (2) violated the Homeland Security Act's delegation of asylum authority to USCIS, (3) violated the Immigration and Nationality Act's requirements for asylum procedures, (4) was arbitrary and capricious in violation of the Administrative Procedure Act (APA), (5) violated the Fifth Amendment, and (6) violated the Convention Against Torture’s protection against refoulment. The plaintiffs sought declaratory and injunctive relief for themselves and all future asylum seekers from asylum adjudications performed by the CBP. The plaintiffs also sought litigation costs and reasonable attorney fees. The case was assigned to Judge Richard Leon.

Background on "Credible Fear" Interviews & January 2020 Memo

Since 1996, prior to a hearing before an immigration judge, noncitizens seeking asylum must first conduct an interview with a trained Asylum Officer who determines the reasonableness of the noncitizen’s fear of persecution. Beginning in June 2019, the Acting Director of U.S. Citizenship and Immigration Services (USCIS) signed an agreement granting CBP officers the permission to conduct asylum interviews and make credible fear determinations in place of trained CIS Asylum Officers. In January 2020, USCIS and CBP renewed this agreement. The plaintiffs were each issued a negative credible fear determination by the new policy, which automatically triggered removal from the United States.

Emergency Motion for Temporary Restraining Order

The plaintiffs filed a motion for a temporary restraining order and administrative stay on April 1, 2020. Judge Leon temporarily enjoined the defendants from removing plaintiffs and held a telephonic hearing the next day. After the hearing, Judge Leon administratively stayed the removal of plaintiffs from United States to preserve the status quo and enjoined the defendants from removing each of the plaintiffs pending Judge Leon's ruling on a forthcoming motion for a preliminary injunction. Shortly after, the plaintiffs filed a motion for preliminary injunction on April 13, 2020.

District Court Grants Motion for Preliminary Injunction

On August 31, 2020, Judge Leon granted plaintiff’s motion for a preliminary injunction pending a ruling on the merits of the case. 2020 WL 5107548. Judge Leon found that as a result of limited training and inherently adversarial nature of CBP agents, use of these agents to conduct interviews likely violated the Immigration and Nationality Act. Additionally, Judge Leon found the potential of irreparable harm to plaintiffs in absence of injunctive relief and ceased implementation of the agreement that permitted their removal from the United States. Under the preliminary injunction, the defendants were enjoined from removing the plaintiffs. In addition, they were preliminarily enjoined from continuing to implement the January 2020 Memorandum of Agreement or otherwise permitting CBP agents to conduct asylum interviews or make credible fear determinations.

As of October 14, the preliminary injunction remains in effect and the case awaits a trial on the merits.

Summary Authors

Andrew Pierce (10/14/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17034105/parties/ab-b-v-miller/


Judge(s)

Leon, Richard J. (District of Columbia)

Attorneys(s) for Plaintiff

Carpenter, Julie (District of Columbia)

Cutri-Kohart, Rebecca (District of Columbia)

Frazelle, Brian Rene (District of Columbia)

Gorod, Brianne J. (District of Columbia)

Wydra, Elizabeth B. (District of Columbia)

Attorneys(s) for Defendant

Carilli, Joseph F. Jr. (District of Columbia)

Hair, Christopher Charles (District of Columbia)

Molen, Kathleene A. (District of Columbia)

Judge(s)

Leon, Richard J. (District of Columbia)

Attorneys(s) for Plaintiff

Carpenter, Julie (District of Columbia)

Cutri-Kohart, Rebecca (District of Columbia)

Frazelle, Brian Rene (District of Columbia)

Gorod, Brianne J. (District of Columbia)

Wydra, Elizabeth B. (District of Columbia)

Attorneys(s) for Defendant

Carilli, Joseph F. Jr. (District of Columbia)

Hair, Christopher Charles (District of Columbia)

Molen, Kathleene A. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

A.B.-B v. Morgan

Sept. 11, 2020 Docket
3

Complaint for Declaratory and Injunctive Relief

A.B.-B v. Morgan

March 27, 2020 Complaint
33

Order

A.B.-B. v. Morgan

Aug. 29, 2020 Order/Opinion
32

Memorandum Opinion

A.B.-B v. Morgan

2020 WL 5107548

Aug. 31, 2020 Order/Opinion

Resources

Title Description External URL

A.B.-B. v. Morgan

Hold CBP Accountable

On March 27, 2020, five asylum-seeking mothers and their children filed this action challenging the use of U.S. Border Patrol agents to screen asylum seekers for their “credible fear” of persecution.… June 24, 2020 https://holdcbpaccountable.org/2020/06/24/a-b-b-v-morgan/

A.B.-B., et al. v. Morgan, et al.

Constitutional Accountability Center

People who arrive at the United States without documentation allowing them to enter the country may be summarily deported, without a hearing, unless they express an intention to apply for asylum or a… Aug. 31, 2020 https://www.theusconstitution.org/litigation/a-b-b-et-al-v-morgan-et-al/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17034105/ab-b-v-miller/

Last updated May 13, 2022

ECF Number Description Date Link
1

MOTION to Proceed Under Pseudonym by A.A.R.-S, A.B.-B, A.P.- S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.-M, S.B.-B, W.G.L.-S (Attachments: # 1 Text of Proposed Order)(zjf) (Entered: 04/01/2020)

March 27, 2020
1

MOTION to Proceed Under Pseudonym by A.A.R.-S, A.B.-B, A.P.-S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.-M, S.B.-B, W.G.L.-S (Attachments: # 1 Text of Proposed Order)(zjf) (Entered: 04/01/2020)

March 27, 2020 PACER
2

MEMORANDUM AND ORDER re granting 1 Motion for Leave to Proceed Under Pseudonym. Signed by Chief Judge Beryl A. Howell on 03/27/2020. (zjf) (Entered: 04/01/2020)

March 27, 2020 RECAP
2

MEMORANDUM AND ORDER re granting 1 Motion for Leave to Proceed Under Pseudonym. Signed by Chief Judge Beryl A. Howell on 03/27/2020. (zjf) (Entered: 04/01/2020)

March 27, 2020
3

COMPLAINT against WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF ( Filing fee $ 400, receipt number 4616102799) with Jury Demand filed by W.G.L.-S, A.P.-S, S.B.-B, A.B.-B, I.I.E- L, M.A.G.-M, A.A.R.-S, E.L.R.-S, D.G.M.-G, B.J.R.-S, L.E.-L. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(zjf) (Additional attachment(s) added on 4/1/2020: # 3 Appendix Sealed) (zjf). (Additional attachment(s) added on 4/1/2020: # 4 Summons) (zsb). (Entered: 04/01/2020)

March 27, 2020
3

COMPLAINT against WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF ( Filing fee $ 400, receipt number 4616102799) with Jury Demand filed by W.G.L.-S, A.P.-S, S.B.-B, A.B.-B, I.I.E-L, M.A.G.-M, A.A.R.-S, E.L.R.-S, D.G.M.-G, B.J.R.-S, L.E.-L. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(zjf) (Additional attachment(s) added on 4/1/2020: # 3 Appendix Sealed) (zjf). (Additional attachment(s) added on 4/1/2020: # 4 Summons) (zsb). (Entered: 04/01/2020)

March 27, 2020 PACER
5

SUMMONS (6) Issued Electronically as to WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF, and U.S. Attorney (jf) Modified on 4/1/2020 to correct docket text (zsb) (Entered: 04/01/2020)

April 1, 2020
4

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 19-2773. (jf) (Entered: 04/01/2020)

March 27, 2020 PACER
6

ORDER. It is ORDERED that this case shall be sent to the Calendar and Case Management Committee for random reassignment. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/1/2020. (lcabj2) (Entered: 04/01/2020)

April 1, 2020
5

SUMMONS (6) Issued Electronically as to WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF, and U.S. Attorney (jf) Modified on 4/1/2020 to correct docket text (zsb) (Entered: 04/01/2020)

April 1, 2020 PACER

Electronic Summons Issued as to AUSA,USAG

April 1, 2020 PACER
7

Case randomly reassigned to Judge Richard J. Leon. Judge Amy Berman Jackson is no longer assigned to the case as deemed not related. (ztnr) (Entered: 04/01/2020)

April 1, 2020
8

Emergency MOTION for Temporary Restraining Order and Administrative Stay by A.A.R.-S, A.B.-B, A.P.-S, B.J.R.-S, D.G.M.- G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.-M, S.B.-B, W.G.L.-S (Attachments: # 1 Affidavit Declaration of ABB, # 2 Affidavit Declaration of APS, # 3 Affidavit Declaration of LEL, # 4 Affidavit Declaration of MAGM, # 5 Affidavit Declaration of Allison Herre, # 6 Text of Proposed Order Proposed Order TRO, # 7 Text of Proposed Order Proposed Order Admin Stay)(Carpenter, Julie). Added MOTION to Stay on 4/2/2020 (jf). (Entered: 04/01/2020)

April 1, 2020

~Util - Set/Reset Hearings

April 1, 2020 PACER

.Order

April 1, 2020 PACER

ORDER. It is hereby ORDERED that defendants are temporarily enjoined from removing plaintiffs from the United States, pending a hearing tomorrow on 8 plaintiffs' Emergency Motion for Temporary Restraining Order and Related Administrative Stay where the government's interests may be represented. A telephonic hearing is set for April 2, 2020 at 3:00 PM before Judge Richard J. Leon. The Court will provide instructions regarding the conference call to counsel by email. SO ORDERED. Signed by Judge Richard J. Leon on 4/1/2020. (lcrjl2) (Entered: 04/01/2020)

April 1, 2020
9

NOTICE of Appearance by Christopher Charles Hair on behalf of All Defendants (Hair, Christopher) (Entered: 04/02/2020)

April 2, 2020

Order

April 1, 2020 PACER
6

ORDER. It is ORDERED that this case shall be sent to the Calendar and Case Management Committee for random reassignment. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/1/2020. (lcabj2) (Entered: 04/01/2020)

April 1, 2020 PACER
10

NOTICE of Appearance by Rebecca Marie Cutri-Kohart on behalf of All Defendants (Cutri-Kohart, Rebecca) (Entered: 04/02/2020)

April 2, 2020
7

Case randomly reassigned to Judge Richard J. Leon. Judge Amy Berman Jackson is no longer assigned to the case as deemed not related. (ztnr) (Entered: 04/01/2020)

April 1, 2020 PACER

Minute Entry for proceedings held before Judge Richard J. Leon: Motion Hearing held on 4/2/2020 re: Plaintiffs' 8 Emergency Motion for Temporary Restraining Order and Administrative Stay . The Court GRANTS plaintiffs' 8 Emergency Motion for An Administrative administratively stayed to preserve the status quo; and it is further ORDERED that defendants, their agents, and any persons acting in concert with them are enjoined from removing each of the plaintiffs from the United States pending the Court's ruling on plaintiffs' motion for a preliminary injunction. The following schedule shall govern this case: Plaintiffs shall submit their motion for a preliminary injunction and supporting memoranda on or before April 13, 2020. Defendants shall submit their opposition to plaintiffs' motion for a preliminary injunction on or before April 23, 2020. Plaintiffs shall submit any Reply memorandum on or before April 27, 2020. A hearing on the motion for a preliminary injunction will be scheduled for the week of April 27, 2020 or the week of May 4, 2020. (Court Reporter: William P. Zaremba) (jth) (Entered: 04/02/2020)

April 2, 2020
11

ORDER. Upon consideration of plaintiffs' 8 Emergency Motion for an Administrative Stay, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the Removal of plaintiffs from the United States is administratively stayed to preserve the status quo; and it is further ORDERED that defendants, their agents, and any persons acting in concert with them are enjoined from removing each of the plaintiffs from the United States pending the Court's ruling on plaintiffs' motion for a preliminary injunction. SO ORDERED. Signed by Judge Richard J. Leon on 04/02/2020. (jth) (Entered: 04/02/2020)

April 2, 2020
8

Emergency MOTION for Temporary Restraining Order and Administrative Stay by A.A.R.-S, A.B.-B, A.P.-S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.-M, S.B.-B, W.G.L.-S (Attachments: # 1 Affidavit Declaration of ABB, # 2 Affidavit Declaration of APS, # 3 Affidavit Declaration of LEL, # 4 Affidavit Declaration of MAGM, # 5 Affidavit Declaration of Allison Herre, # 6 Text of Proposed Order Proposed Order TRO, # 7 Text of Proposed Order Proposed Order Admin Stay)(Carpenter, Julie). Added MOTION to Stay on 4/2/2020 (jf). (Entered: 04/01/2020)

April 1, 2020 PACER
12

MOTION for Preliminary Injunction by A.A.R.-S, A.B.-B, A.P.-S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.-M, S.B.-B, W.G.L.-S (Attachments: # 1 Text of Proposed Order for Preliminary Injunction Motion, # 2 Affidavit regarding Exhibits, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit)(Carpenter, Julie) (Entered: 04/13/2020)

April 13, 2020

ORDER. It is hereby ORDERED that defendants are temporarily enjoined from removing plaintiffs from the United States, pending a hearing tomorrow on 8 plaintiffs' Emergency Motion for Temporary Restraining Order and Related Administrative Stay where the government's interests may be represented. A telephonic hearing is set for April 2, 2020 at 3:00 PM before Judge Richard J. Leon. The Court will provide instructions regarding the conference call to counsel by email. SO ORDERED. Signed by Judge Richard J. Leon on 4/1/2020. (lcrjl2)

April 1, 2020 PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/09/2020. (Attachments: # 1 Exhibit Proof of delivery)(Carpenter, Julie) (Entered: 04/17/2020)

April 17, 2020
9

NOTICE of Appearance by Christopher Charles Hair on behalf of All Defendants (Hair, Christopher) (Entered: 04/02/2020)

April 2, 2020 PACER
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH T. CUCCINELLI served on 4/8/2020; ANDREW J. DAVIDSON served on 4/8/2020; MARK A. MORGAN served on 4/8/2020; CHAD F. WOLF served on 4/8/2020 (Attachments: # 1 Exhibit proof of delivery)(Carpenter, Julie) (Entered: 04/17/2020)

April 17, 2020

~Util - Set/Reset Deadlines

April 2, 2020 PACER
16

ERRATA Revised Redacted PI Motion Exhibits by A.A.R.-S, A.B.- B, A.P.-S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.- M, S.B.-B, W.G.L.-S 12 MOTION for Preliminary Injunction filed by I.I.E-L, D.G.M.-G, A.B.-B, E.L.R.-S, B.J.R.-S, A.A.R.-S, M.A.G.-M, W.G.L.-S, A.P.-S, L.E.-L, S.B.-B. (Attachments: # 1 Exhibit properly redacted version of Dkt # 12-3, # 2 Exhibit properly redacted version of Dkt# 12-4, # 3 Exhibit properly redacted version of Dkt# 12-5, # 4 Exhibit properly redacted version of Dkt# 12-6)(Carpenter, Julie) (Entered: 04/17/2020)

April 17, 2020

Motion Hearing

April 2, 2020 PACER
10

NOTICE of Appearance by Rebecca Marie Cutri-Kohart on behalf of All Defendants (Cutri-Kohart, Rebecca) (Entered: 04/02/2020)

April 2, 2020 PACER
17

Memorandum in opposition to re 12 MOTION for Preliminary Injunction filed by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF. (Attachments: # 1 Declaration of Juliana Blackwell and Exhibits, # 2 Declaration of Wayne Winterling and Exhibits, # 3 Declaration of Michelle Burton, # 4 Declaration of Stephen Dove and Exhibits, # 5 Declaration of Craig J. Heintz and Exhibits, # 6 Declaration of Ashley B. Caudill-Mirillo)(Hair, Christopher) (Entered: 04/23/2020)

April 23, 2020
18

REPLY to opposition to motion re 12 MOTION for Preliminary Injunction filed by A.A.R.-S, A.B.-B, A.P.-S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.-M, S.B.-B, W.G.L.-S. (Attachments: # 1 Affidavit Relating to Documentary Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Carpenter, Julie) (Entered: 04/27/2020)

April 27, 2020

Minute Entry for proceedings held before Judge Richard J. Leon: Motion Hearing held on 4/2/2020 re: Plaintiffs' 8 Emergency Motion for Temporary Restraining Order and Administrative Stay. The Court GRANTS plaintiffs' 8 Emergency Motion for An Administrative Stay. The Removal of plaintiffs from the United States is administratively stayed to preserve the status quo; and it is further ORDERED that defendants, their agents, and any persons acting in concert with them are enjoined from removing each of the plaintiffs from the United States pending the Court's ruling on plaintiffs' motion for a preliminary injunction. The following schedule shall govern this case: Plaintiffs shall submit their motion for a preliminary injunction and supporting memoranda on or before April 13, 2020. Defendants shall submit their opposition to plaintiffs' motion for a preliminary injunction on or before April 23, 2020. Plaintiffs shall submit any Reply memorandum on or before April 27, 2020. A hearing on the motion for a preliminary injunction will be scheduled for the week of April 27, 2020 or the week of May 4, 2020. (Court Reporter: William P. Zaremba) (jth)

April 2, 2020 PACER
11

ORDER. Upon consideration of plaintiffs' 8 Emergency Motion for an Administrative Stay, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the Removal of plaintiffs from the United States is administratively stayed to preserve the status quo; and it is further ORDERED that defendants, their agents, and any persons acting in concert with them are enjoined from removing each of the plaintiffs from the United States pending the Court's ruling on plaintiffs' motion for a preliminary injunction. SO ORDERED. Signed by Judge Richard J. Leon on 04/02/2020. (jth) (Entered: 04/02/2020)

April 2, 2020 PACER

MINUTE ORDER. A Telephonic Preliminary Injunction Hearing is set for Thursday, May 7, 2020 at 3:00 PM in Chambers before Judge Richard J. Leon. In a separate email, counsel for the parties will be provided with instructions regarding the conference call. SO ORDERED. Signed by Judge Richard J. Leon on 4/29/2020. (lcrjl2) (Entered: 04/29/2020)

April 29, 2020
20

NOTICE of Appearance by Brianne Jenna Gorod on behalf of All Plaintiffs (Gorod, Brianne) (Entered: 04/30/2020)

April 30, 2020
12

MOTION for Preliminary Injunction by A.A.R.-S, A.B.-B, A.P.-S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.-M, S.B.-B, W.G.L.-S (Attachments: # 1 Text of Proposed Order for Preliminary Injunction Motion, # 2 Affidavit regarding Exhibits, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit)(Carpenter, Julie) (Entered: 04/13/2020)

April 13, 2020 PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/09/2020. (Attachments: # 1 Exhibit Proof of delivery)(Carpenter, Julie) (Entered: 04/17/2020)

April 17, 2020 PACER
21

NOTICE of Appearance by Brian Rene Frazelle on behalf of All Plaintiffs (Frazelle, Brian) (Entered: 04/30/2020)

April 30, 2020
22

NOTICE OF SUPPLEMENTAL AUTHORITY AND RATIFICATION by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF re 17 Memorandum in Opposition,, (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cutri-Kohart, Rebecca) Modified event on 5/7/2020 (znmw). (Entered: 05/05/2020)

May 5, 2020
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/9/2020. Answer due for ALL FEDERAL DEFENDANTS by 6/8/2020. (Attachments: # 1 Exhibit proof of delivery)(Carpenter, Julie) (Entered: 04/17/2020)

April 17, 2020 PACER
23

RESPONSE re 22 Notice (Other), filed by A.A.R.-S, A.B.-B, A.P.-S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.-M, S.B.-B, W.G.L.-S. (Carpenter, Julie) Modified event on 5/7/2020 (znmw). (Entered: 05/06/2020)

May 6, 2020
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH T. CUCCINELLI served on 4/8/2020; ANDREW J. DAVIDSON served on 4/8/2020; MARK A. MORGAN served on 4/8/2020; CHAD F. WOLF served on 4/8/2020 (Attachments: # 1 Exhibit proof of delivery)(Carpenter, Julie) (Entered: 04/17/2020)

April 17, 2020 PACER

MINUTE ORDER. The Telephonic Preliminary Injunction Hearing currently scheduled for Thursday, May 7, 2020 at 3:00 PM is CONTINUED to Tuesday, May 12, 2020 at 3:00 PM before Judge Richard J. Leon. In a separate email, counsel for the parties will be provided with instructions regarding the conference call. SO ORDERED. Signed by Judge Richard J. Leon on 5/7/2020. (lcrjl2) (Entered: 05/07/2020)

May 7, 2020
16

ERRATA Revised Redacted PI Motion Exhibits by A.A.R.-S, A.B.-B, A.P.-S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.-M, S.B.-B, W.G.L.-S 12 MOTION for Preliminary Injunction filed by I.I.E-L, D.G.M.-G, A.B.-B, E.L.R.-S, B.J.R.-S, A.A.R.-S, M.A.G.-M, W.G.L.-S, A.P.-S, L.E.-L, S.B.-B. (Attachments: # 1 Exhibit properly redacted version of Dkt # 12-3, # 2 Exhibit properly redacted version of Dkt# 12-4, # 3 Exhibit properly redacted version of Dkt# 12-5, # 4 Exhibit properly redacted version of Dkt# 12-6)(Carpenter, Julie) (Entered: 04/17/2020)

April 17, 2020 PACER
17

Memorandum in opposition to re 12 MOTION for Preliminary Injunction filed by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF. (Attachments: # 1 Declaration of Juliana Blackwell and Exhibits, # 2 Declaration of Wayne Winterling and Exhibits, # 3 Declaration of Michelle Burton, # 4 Declaration of Stephen Dove and Exhibits, # 5 Declaration of Craig J. Heintz and Exhibits, # 6 Declaration of Ashley B. Caudill-Mirillo)(Hair, Christopher) (Entered: 04/23/2020)

April 23, 2020 PACER

Minute Entry for Proceedings held before Judge Richard J. Leon: Hearing on Plaintiffs' 12 Motion for Preliminary Injunction held on 5/12/2020. The 12 Motion was Heard and Taken under Advisement. The parties may file supplemental pleadings (not to exceed 15 pages) based only on issues raised during argument, within ten (10) days of their receipt of the transcript. No responses or replies to the supplemental pleadings are to be filed. (Court Reporter: William P. Zaremba) (jth) (Entered: 05/12/2020)

May 12, 2020
18

REPLY to opposition to motion re 12 MOTION for Preliminary Injunction filed by A.A.R.-S, A.B.-B, A.P.-S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.-M, S.B.-B, W.G.L.-S. (Attachments: # 1 Affidavit Relating to Documentary Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Carpenter, Julie) (Entered: 04/27/2020)

April 27, 2020 PACER
24

SUPPLEMENTAL MEMORANDUM to re 12 MOTION for Preliminary Injunction filed by A.A.R.-S, A.B.-B, A.P.-S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.-M, S.B.-B, W.G.L.-S. (Carpenter, Julie) (Entered: 06/01/2020)

June 1, 2020
25

SUPPLEMENTAL MEMORANDUM to re 17 Memorandum in Opposition,, filed by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF. (Attachments: # 1 Declaration of NEAL J. SWARTZ)(Cutri-Kohart, Rebecca) (Entered: 06/01/2020)

June 1, 2020

~Util - Set/Reset Hearings

April 29, 2020 PACER
27

Unopposed MOTION for Extension of Time to File Answer re 3 Complaint, by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF (Hair, Christopher) (Entered: 06/05/2020)

June 5, 2020

.Order

April 29, 2020 PACER

MINUTE ORDER. Upon consideration of 27 Defendants' Unopposed Motion for an Extension of Time to Respond to Plaintiffs' Complaint, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendants' response to plaintiffs' Complaint shall be due no later than 14 days after the Court issues its ruling regarding plaintiffs' motion for a preliminary injunction. SO ORDERED. Signed by Judge Richard J. Leon on 6/8/2020. (lcrjl2) (Entered: 06/08/2020)

June 8, 2020

MINUTE ORDER. A Telephonic Preliminary Injunction Hearing is set for Thursday, May 7, 2020 at 3:00 PM in Chambers before Judge Richard J. Leon. In a separate email, counsel for the parties will be provided with instructions regarding the conference call. SO ORDERED. Signed by Judge Richard J. Leon on 4/29/2020. (lcrjl2)

April 29, 2020 PACER
28

NOTICE OF SUPPLEMENTAL AUTHORITY by A.A.R.-S, A.B.- B, A.P.-S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.- M, S.B.-B, W.G.L.-S (Attachments: # 1 Exhibit Grace v. Barr decision)(Carpenter, Julie) (Entered: 07/22/2020)

July 22, 2020

Order

April 29, 2020 PACER
19

NOTICE of Appearance by Elizabeth Bonnie Wydra on behalf of All Plaintiffs (Wydra, Elizabeth) (Entered: 04/30/2020)

April 30, 2020 PACER
29

NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of All Defendants Substituting for attorney Christopher C. Hair (Molen, Kathleene) (Entered: 07/23/2020)

July 23, 2020
31

NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Kathleene A. Molen (Carilli, Joseph) (Entered: 08/22/2020)

Aug. 22, 2020
20

NOTICE of Appearance by Brianne Jenna Gorod on behalf of All Plaintiffs (Gorod, Brianne) (Entered: 04/30/2020)

April 30, 2020 PACER
21

NOTICE of Appearance by Brian Rene Frazelle on behalf of All Plaintiffs (Frazelle, Brian) (Entered: 04/30/2020)

April 30, 2020 PACER
32

MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 8/29/2020. (lcrjl2) Modified on 8/31/2020 to reflect the correct signature date of the Judge (jth). (Entered: 08/31/2020)

Aug. 31, 2020
33

ORDER. For the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that plaintiffs' 12 Motion for Preliminary Injunction is GRANTED. Accordingly, it is hereby ORDERED that defendants, their agents, and any persons acting in concert with them, are enjoined from removing plaintiffs from the United States pending a ruling on the merits of this case; and it is further ORDERED that defendants, their agents, and any persons acting in concert with them are preliminarily enjoined from continuing to implement the January 30, 2020 Memorandum of Agreement or otherwise permitting U.S. Customs and Border Protection agents to conduct asylum interviews or make credible fear determinations, pending a ruling on the merits in this case. SO ORDERED. Signed by Judge Richard J. Leon on 8/29/2020. (lcrjl2) Modified on 8/31/2020 to reflect the correct signature date of the Judge (jth). (Entered: 08/31/2020)

Aug. 31, 2020
22

NOTICE OF SUPPLEMENTAL AUTHORITY AND RATIFICATION by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF re 17 Memorandum in Opposition,, (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cutri-Kohart, Rebecca) Modified event on 5/7/2020 (znmw). (Entered: 05/05/2020)

May 5, 2020 PACER
23

RESPONSE re 22 Notice (Other), filed by A.A.R.-S, A.B.-B, A.P.-S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.-M, S.B.-B, W.G.L.-S. (Carpenter, Julie) Modified event on 5/7/2020 (znmw). (Entered: 05/06/2020)

May 6, 2020 PACER
34

Unopposed MOTION for Extension of Time to File Response by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 09/09/2020)

Sept. 9, 2020

~Util - Set/Reset Hearings

May 7, 2020 PACER

MINUTE ORDER. Upon consideration of 34 defendants' Unopposed Motion for Extension of Time to File Response, it is hereby ORDERED that the motion is GRANTED. Defendants shall file their Answer or otherwise respond to the Complaint on or before October 26, 2020. SO ORDERED. Signed by Judge Richard J. Leon on 9/11/2020. (lcrjl2) (Entered: 09/11/2020)

Sept. 11, 2020

MINUTE ORDER. The Telephonic Preliminary Injunction Hearing currently scheduled for Thursday, May 7, 2020 at 3:00 PM is CONTINUED to Tuesday, May 12, 2020 at 3:00 PM before Judge Richard J. Leon. In a separate email, counsel for the parties will be provided with instructions regarding the conference call. SO ORDERED. Signed by Judge Richard J. Leon on 5/7/2020. (lcrjl2)

May 7, 2020 PACER

Set Hearings

May 7, 2020 PACER

~Util - Set/Reset Deadlines

May 12, 2020 PACER

Order on Motion for Preliminary Injunction

May 12, 2020 PACER

Motion Hearing

May 12, 2020 PACER

Minute Entry for Proceedings held before Judge Richard J. Leon: Hearing on Plaintiffs' 12 Motion for Preliminary Injunction held on 5/12/2020. The 12 Motion was Heard and Taken under Advisement. The parties may file supplemental pleadings (not to exceed 15 pages) based only on issues raised during argument, within ten (10) days of their receipt of the transcript. No responses or replies to the supplemental pleadings are to be filed. (Court Reporter: William P. Zaremba) (jth)

May 12, 2020 PACER
24

SUPPLEMENTAL MEMORANDUM to re 12 MOTION for Preliminary Injunction filed by A.A.R.-S, A.B.-B, A.P.-S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.-M, S.B.-B, W.G.L.-S. (Carpenter, Julie) (Entered: 06/01/2020)

June 1, 2020 PACER
25

SUPPLEMENTAL MEMORANDUM to re 17 Memorandum in Opposition,, filed by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF. (Attachments: # 1 Declaration of NEAL J. SWARTZ)(Cutri-Kohart, Rebecca) (Entered: 06/01/2020)

June 1, 2020 PACER
26

TRANSCRIPT OF TELEPHONIC PRELIMINARY INJUNCTION MOTION HEARING PROCEEDINGS before Judge Richard J. Leon held on May 12, 2020; Page Numbers: 1-46. Date of Issuance: June 3, 2020. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public term inal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/24/2020. Redacted Transcript Deadline set for 7/4/2020. Release of Transcript Restriction set for 9/1/2020.(wz) (Entered: 06/03/2020)

June 3, 2020 PACER
27

Unopposed MOTION for Extension of Time to File Answer re 3 Complaint, by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF (Hair, Christopher) (Entered: 06/05/2020)

June 5, 2020 PACER

MINUTE ORDER. Upon consideration of 27 Defendants' Unopposed Motion for an Extension of Time to Respond to Plaintiffs' Complaint, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendants' response to plaintiffs' Complaint shall be due no later than 14 days after the Court issues its ruling regarding plaintiffs' motion for a preliminary injunction. SO ORDERED. Signed by Judge Richard J. Leon on 6/8/2020. (lcrjl2)

June 8, 2020 PACER

Order on Motion for Extension of Time to Answer

June 8, 2020 PACER

Terminate Deadlines AND Order on Motion for Extension of Time to Answer

June 8, 2020 PACER
28

NOTICE OF SUPPLEMENTAL AUTHORITY by A.A.R.-S, A.B.-B, A.P.-S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.-M, S.B.-B, W.G.L.-S (Attachments: # 1 Exhibit Grace v. Barr decision)(Carpenter, Julie) (Entered: 07/22/2020)

July 22, 2020 PACER
29

NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of All Defendants Substituting for attorney Christopher C. Hair (Molen, Kathleene) (Entered: 07/23/2020)

July 23, 2020 PACER
30

NOTICE OF SUPPLEMENTAL AUTHORITY by A.A.R.-S, A.B.-B, A.P.-S, B.J.R.-S, D.G.M.-G, E.L.R.-S, I.I.E-L, L.E.-L, M.A.G.-M, S.B.-B, W.G.L.-S (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Frazelle, Brian) (Entered: 08/14/2020)

Aug. 14, 2020 PACER
31

NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Kathleene A. Molen (Carilli, Joseph) (Entered: 08/22/2020)

Aug. 22, 2020 PACER
32

MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 8/29/2020. (lcrjl2) Modified on 8/31/2020 to reflect the correct signature date of the Judge (jth). (Entered: 08/31/2020)

Aug. 31, 2020 RECAP
33

ORDER. For the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that plaintiffs' 12 Motion for Preliminary Injunction is GRANTED. Accordingly, it is hereby ORDERED that defendants, their agents, and any persons acting in concert with them, are enjoined from removing plaintiffs from the United States pending a ruling on the merits of this case; and it is further ORDERED that defendants, their agents, and any persons acting in concert with them are preliminarily enjoined from continuing to implement the January 30, 2020 Memorandum of Agreement or otherwise permitting U.S. Customs and Border Protection agents to conduct asylum interviews or make credible fear determinations, pending a ruling on the merits in this case. SO ORDERED. Signed by Judge Richard J. Leon on 8/29/2020. (lcrjl2) Modified on 8/31/2020 to reflect the correct signature date of the Judge (jth). (Entered: 08/31/2020)

Aug. 31, 2020 RECAP
34

Unopposed MOTION for Extension of Time to File Response by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 09/09/2020)

Sept. 9, 2020 PACER

MINUTE ORDER. Upon consideration of 34 defendants' Unopposed Motion for Extension of Time to File Response, it is hereby ORDERED that the motion is GRANTED. Defendants shall file their Answer or otherwise respond to the Complaint on or before October 26, 2020. SO ORDERED. Signed by Judge Richard J. Leon on 9/11/2020. (lcrjl2)

Sept. 11, 2020 PACER

Order on Motion for Extension of Time to

Sept. 11, 2020 PACER

Set/Reset Deadlines AND Order on Motion for Extension of Time to

Sept. 11, 2020 PACER
35

STANDING ORDER. Signed by Judge Richard J. Leon on 10/6/2020. (lcrjl2) (Entered: 10/06/2020)

Oct. 6, 2020 RECAP
36

Unopposed MOTION for Extension of Time to by WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 10/26/2020)

Oct. 26, 2020 PACER
37

Unopposed MOTION for Extension of Time to File Response to Complaint by WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, ANDREW J. DAVIDSON, MARK A. MORGAN, CHAD F. WOLF (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 10/27/2020)

Oct. 27, 2020 PACER

MINUTE ORDER. Upon consideration of 37 Defendants' Unopposed Motion for Extension of Time to File Response, it is hereby ORDERED that the motion is GRANTED. Defendants shall file their Answer or otherwise respond to the Complaint on or before January 25, 2021. SO ORDERED. Signed by Judge Richard J. Leon on 10/28/2020. (lcrjl2)

Oct. 28, 2020 PACER

Order on Motion for Extension of Time to

Oct. 28, 2020 PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 27, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four mothers and seven children from Latin American countries seeking asylum based on fear of persecution and torture.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Acting Commissioner of U.S. Customs and Border Protection (Washington, District of Columbia), Federal

Director of U.S. Citizenship and Immigration Services (Washington, District of Columbia), Federal

Chief of the Asylum Division of U.S. Citizenship and Immigration Services (Washington, District of Columbia), Federal

Attorney General (Washington, District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

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.

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Asylum - procedure

Border police

Deportation - procedure