Case: Immigrant Legal Resource Center v. Wolf

4:20-cv-05883 | U.S. District Court for the Northern District of California

Filed Date: Aug. 20, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about the legality of a rule change proposed August 3, 2020 by the Department of Homeland Security (DHS), which was set to go into effect October 2, 2020. The Final Rule (specifically, the USCIS Fee Schedule & Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46,788) increased the cost of applying for immigration benefits, including naturalization and asylum. The plaintiffs, eight non-profit organizations that provide a variety of services for low inco…

This case is about the legality of a rule change proposed August 3, 2020 by the Department of Homeland Security (DHS), which was set to go into effect October 2, 2020. The Final Rule (specifically, the USCIS Fee Schedule & Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46,788) increased the cost of applying for immigration benefits, including naturalization and asylum. The plaintiffs, eight non-profit organizations that provide a variety of services for low income applicants for immigration benefits, filed this lawsuit on August 20, 2020 in the U.S. District Court for the Northern District of California against the acting secretary of the DHS, the senior official performing the duties of deputy secretary of the DHS, and the United States Citizenship and Immigration Services (USCIS).

Represented by the American Immigration Lawyers Association and private counsel, the plaintiffs sued under the Administrative Procedure Act (5 U.S.C. § 706) and sought an injunction against the enforcement of the Final Rule, a stay against its enforcement, and declaratory relief. The plaintiffs asserted that the Final Rule was procedurally defective, contrary to law, and arbitrary and capricious under the Administrative Procedure Act (“APA”). The plaintiffs further asserted the Final Rule violated the Fifth Amendment’s Due Process Clause and the Fourteenth Amendment’s Equal Protection Clause by denying indigent people the right to access a statutory process for seeking immigration benefits. Finally, the plaintiffs alleged violations of the Homeland Security Act, the Federal Vacancies Reform Act of 1998 and the Appointments Clause of the United States Constitution. Specifically, they argued that the two individual defendants had assumed their positions without constitutional or statutory authority, so the rule was void.

In their complaint, the plaintiffs outlined the fee increases proposed by the Final Rule, and in particular, they highlighted the increase in price for asylum seekers: from $0 to $630. The rule, for the first time in U.S. history, would charge a non-waivable fee of $50 to apply for asylum plus $580 to obtain their first employment authorization for all asylum seekers. The USCIS and DHS’s budgets would increase by 21% as a result of these and other changes in the rule. By switching from ability-to-pay principles on which the plaintiff’ organizations relied to a beneficiary-pays principle, the plaintiffs contended the Final Rule would transform the purpose of the USCIS from “adjudicating immigration benefits to one that serves this Administration’s goals of reducing immigration and naturalization for low-income applicants and deterring asylum seekers.” 2020 WL 4930113.

On August 25, 2020, the plaintiffs filed a motion for a preliminary injunction.

Judge Jeffery S. White granted the motion on September 29, 2020. While he pointed out that “the Immigration and Nationality Act (“INA”) permits USCIS to impose a fee “for the consideration of an application for asylum [and] for employment authorization” so long as the fees do not “exceed the Attorney General’s costs in adjudicating the applications,” 8 U.S.C. § 1158(d), he held that the plaintiffs’ claim that the Acting Secretary of DHS was not validly serving in office was likely to succeed. Moreover, the court held that the plaintiffs were likely to succeed on at least some of their APA claims. The court agreed with the plaintiffs’ allegation that “a more detailed justification” was required for the “significant departure” from the ability-to-pay principle to the beneficiary-pays principle. Because the defendants only looked at past data, and the U.S. had never charged a fee for asylum seekers before, the defendants failed to consider the effect of the decrease in ability to pay both on the plaintiffs’ organizations and the asylum seekers themselves. 2020 WL 5798269.

The court also held that the plaintiffs successfully established a likelihood of irreparable harm. The haste with which the plaintiffs filed their complaint after the rule change was proposed (within three weeks) supported their claim of urgency, and their showing of the need to significantly alter their programs to the determent of the population they served supported their claim of harm. Finally, the court found that the public interest would be served by the injunction. The court found that the public interest would be served both by not exposing vulnerable and low-income applicants to further danger and, in regard to the probable invalidity of the appointment, by avoiding an overreach of executive power. 2020 WL 5798269.

As the validity of the entire Final Rule was called into question by the court’s findings, Judge White held it “appropriate to stay the effective date of the Final Rule pending resolution of the merits in this case.” 2020 WL 5798269.

The case is currently ongoing.

Summary Authors

Madeline Buday (10/29/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/62152416/parties/immigrant-legal-resource-center-v-wolf/


Judge(s)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Bharmal, Samina M (District of Columbia)

Bless, Jesse (District of Columbia)

Bohn, Brendan (California)

Chorba, William (California)

Davis, Chelsea (California)

Gibbons, John L (California)

Goldenberg, David (California)

Hampton, Emmanuel (California)

Igra, Naomi Ariel (California)

Judge(s)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Bharmal, Samina M (District of Columbia)

Bless, Jesse (District of Columbia)

Bohn, Brendan (California)

Chorba, William (California)

Davis, Chelsea (California)

Gibbons, John L (California)

Goldenberg, David (California)

Hampton, Emmanuel (California)

Igra, Naomi Ariel (California)

MacGill, Elizabeth (California)

Olson, Katherine (California)

Stretch, Brian (District of Columbia)

Attorneys(s) for Defendant

Craigmyle, Bradley (District of Columbia)

Harris, Julie Straus (District of Columbia)

Roberts, Charles E.T. (District of Columbia)

Other Attorney(s)

Downer, William H. (California)

Hu, Xiaonan April (District of Columbia)

Joseph, Lawrence J (District of Columbia)

Lee, Joseph Daniel (California)

Malm, Steven Jeffrey (California)

Paparelli, Angelo A (California)

Rogge, Mark Howard (California)

Shuchart, Scott (District of Columbia)

Spiegel, Julia Blau (California)

Strugar, Matthew D. (California)

Wydra, Elizabeth B. (District of Columbia)

Zwick, Keren Hart (Illinois)

Documents in the Clearinghouse

Document

4:20-cv-05883

Docket [PACER]

Oct. 16, 2020

Oct. 16, 2020

Docket
1

4:20-cv-05883

Complaint for Injunctive Relief and Administrative Procedure Case

Aug. 20, 2020

Aug. 20, 2020

Complaint
98

4:20-cv-05883

Order Granting Plaintiffs' Motion for Preliminary Injunction and Request for Stay of Effective Date of Rule and Denying Request for Administrative Stay

491 F.Supp.3d 520, 2020 WL 5798269

Sept. 29, 2020

Sept. 29, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/62152416/immigrant-legal-resource-center-v-wolf/

Last updated May 31, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT For Injunctive Relief and Administrative Procedure Case against All Defendants with jury demand ( Filing fee $ 400, receipt number 0971-14843547.). Filed by OneAmerica, Coalition for Humane Immigrant Rights, Asian Counseling and Referral Service, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Catholic Legal Immigration Network, Inc., Immigrant Legal Resource Center, International Rescue Committee. (Attachments: # 1 Civil Cover Sheet)(Stretch, Brian) (Filed on 8/20/2020) Modified on 8/24/2020 (jmlS, COURT STAFF). (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
2

Proposed Summons. (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
3

NOTICE of Appearance by Naomi Ariel Igra (Igra, Naomi) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
4

NOTICE of Appearance by Chelsea B. Davis (Davis, Chelsea) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
5

MOTION for leave to appear in Pro Hac Vice of Samina Bharmal ( Filing fee $ 310, receipt number 0971-14843684.) filed by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. (Bharmal, Samina) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
6

Corporate Disclosure Statement by Asian Counseling and Referral Service and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
7

Corporate Disclosure Statement by Coalition for Humane Immigrant Rights and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
8

Corporate Disclosure Statement by Catholic Legal Immigration Network, Inc. and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
9

Corporate Disclosure Statement by East Bay Sanctuary Covenant and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
10

Corporate Disclosure Statement by Illinois Coalition for Immigrant and Refugee Rights and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
11

Corporate Disclosure Statement by International Rescue Committee and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
12

Corporate Disclosure Statement by OneAmerica and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
13

Corporate Disclosure Statement by Immigrant Legal Resource Center and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
14

Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/4/2020. (cv, COURT STAFF) (Filed on 8/21/2020) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
15

ORDER by Magistrate Judge Donna M. Ryu granting 5 Samina M. Bharmal's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 8/21/2020) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER

Electronic filing error. A maximum of THREE summons will be issued. Please list all defendants on ONE summons or multiple defendants on THREE summons and re-file in its entirety. Re: 2 Proposed Summons filed by Illinois Coalition for Immigrant and Refugee Rights, East Bay Sanctuary Covenant, International Rescue Committee, Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, OneAmerica, Asian Counseling and Referral Service (jmlS, COURT STAFF) (Filed on 8/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
16

MOTION for leave to appear in Pro Hac Vice Re: Jesse Bless (Filing fee $310, receipt number 0971-14850768) filed by East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. (Bless, Jesse) (Filed on 8/24/2020) Modified on 8/25/2020 (cjlS, COURT STAFF). (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
17

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/25/2020. Initial Case Management Conference set for 12/2/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
18

ORDER by Magistrate Judge Donna M. Ryu granting 16 Jesse Bless's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
19

Proposed Summons. (Stretch, Brian) (Filed on 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
20

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Kenneth T. Cuccinelli and Chad Wolf. (Stretch, Brian) (Filed on 8/24/2020) Modified on 8/24/2020 (jmlS, COURT STAFF). (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
21

NOTICE of Appearance by Julie Straus Harris (Straus Harris, Julie) (Filed on 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
22

Summons Issued as to Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf, U.S. Attorney and U.S. Attorney General. (jmlS, COURT STAFF) (Filed on 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
23

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
24

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 8/24/2020. (Attachments: # 1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
25

ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge JEFFREY S. WHITE on 8/25/20. Joint Case Management Statement due by 11/27/2020. Initial Case Management Conference set for 12/4/2020 11:00 AM. (jjoS, COURT STAFF) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
26

CERTIFICATE OF SERVICE by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica re 1 Complaint,, (Stretch, Brian) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
27

MOTION for Preliminary Injunction and Memorandum of Points and Authorities In Support Thereof, And Petition For Review and Request for Stay filed by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. Motion Hearing set for 10/9/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 9/8/2020. Replies due by 9/15/2020. (Attachments: # 1 Declaration Brian J. Stretch, # 2 Exhibit 1-12 to Brian J. Strech Declaration, # 3 Exhibit 13-34 to Brian J. Stretch Declaration, # 4 Declaration Lawrence Benito, # 5 Declaration Olga Byrne, # 6 Declaration Michael Byun, # 7 Declaration Jeff Chenoweth, # 8 Declaration Douglas B. Rand, # 9 Declaration Duncan Lawrence, PhD., # 10 Declaration Michael Smith, # 11 Declaration Manuel Pastor Jr., # 12 Declaration Melissa Rodgers, # 13 Declaration Angelica Salas, # 14 Declaration Rich Stolz, # 15 Proposed Order)(Stretch, Brian) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
28

ORDER Requiring Delivery of Chambers Copies of 27 MOTION for Preliminary Injunction and Memorandum of Points and Authorities In Support Thereof, And Petition For Review and Request for Stay and 1 Complaint. Signed by Judge Jeffrey S. White on August 26, 2020. (jswlc2S, COURT STAFF) (Filed on 8/26/2020) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
29

NOTICE OF WITHDRAWAL OF CHELSEA DAVIS AS COUNSEL FOR PLAINTIFFS by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. (Davis, Chelsea) (Filed on 8/27/2020) Modified on 8/28/2020 (cjlS, COURT STAFF). (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
30

Joint MOTION to Modify Schedule filed by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica, Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Declaration of Brian J. Stretch, # 2 Proposed Order)(Stretch, Brian) (Filed on 8/27/2020) Modified on 8/28/2020 (cjlS, COURT STAFF). (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
31

ORDER GRANTING AS MODIFIED 30 Joint Motion to Modify Schedule on 27 Plaintiff's Motion for a Preliminary Injunction. Opposition to Motion due by 12:00 p.m. 9/9/2020. Amicus Briefs due by 9/9/2020 at 12:00 p.m. Plaintiffs' Reply due by 9/15/2020 at 12:00 p.m. Defendants' Reply to Amicus Briefs due by 9/15/2020 at 12:00 p.m. Preliminary Injunction Hearing set for 9/25/2020 09:00 AM. Signed by Judge Jeffrey S. White on August 28, 2020. (jswlc3S, COURT STAFF) (Filed on 8/28/2020) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
32

MOTION for Leave to File Excess Pages filed by Constitutional Accountability Center. (Attachments: # 1 Proposed Order, # 2 Declaration)(Wydra, Elizabeth) (Filed on 9/3/2020) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
33

ORDER by Judge Jeffrey S. White granting 32 Motion for Leave to File Excess Pages. (jjoS, COURT STAFF) (Filed on 9/3/2020) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
34

MOTION for Leave to File as Amici Curiae in Support of Plaintiffs; Motion for Request for Excess Pages filed by Cato Institute. (Attachments: # 1 Proposed Order)(Rogge, Mark) (Filed on 9/8/2020) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
35

ORDER by Judge Jeffrey S. White granting 34 Motion for Leave to File as Amici Curiae in Support of Plaintiffs; Motion for Request for Excess Pages. (jjoS, COURT STAFF) (Filed on 9/8/2020) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
36

MOTION to File Amicus Curiae Brief with Amicus Curaie Brief attached filed by Alliance of Business Immigration Lawyers, Inc. Motion Hearing set for 9/25/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 9/22/2020. Replies due by 9/29/2020. (Attachments: # 1 Proposed Order Proposed order granting leave, # 2 Certificate/Proof of Service Certificate of Service on Parties)(Malm, Steven) (Filed on 9/8/2020) Modified on 9/9/2020 (cjlS, COURT STAFF). (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
37

ORDER by Judge Jeffrey S. White granting 36 Motion to File Amicus Curiae Brief. (jjoS, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
38

MOTION for Leave to File Amicus Brief filed by Constitutional Accountability Center. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Wydra, Elizabeth) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
39

BRIEF FOR AMICUS CURIAE CATO INSTITUTE IN SUPPORT OF PLAINTIFFS by Allison Ann Davis on behalf of Cato Institute. (Davis, Allison) (Filed on 9/9/2020) Modified on 9/9/2020 (cjlS, COURT STAFF). (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
40

MOTION to File Amicus Curiae Brief filed by State of California. Responses due by 9/23/2020. Replies due by 9/30/2020. (Attachments: # 1 Exhibit Amicus Curiae Brief of the States of California, Connecticut, District of Columbia, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington in Support of Plaintiffs Motion for Preliminary Injunction, # 2 Proposed Order [Proposed] Order Granting Motion for Leave to File Amicus Curiae Brief in Support of Plaintiffs Motion for Preliminary Injunction)(Downer, William) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
41

ORDER by Judge Jeffrey S. White granting AS MODIFIED 38 Motion for Leave to File Amicus Brief filed by Constitutional Accountability Center.. (jjoS, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
42

MOTION to File Amicus Curiae Brief Memorandum of Law in Support of Defendants as Amicus Curiae filed by Immigration Reform Law Institute. Responses due by 9/23/2020. Replies due by 9/30/2020. (Attachments: # 1 Exhibit Proposed Amicus Memo of Law, # 2 Proposed Order Proposed Order)(Joseph, Lawrence) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
43

MOTION for Leave to File Amicus Brief filed by Amicus Curiae 21 Counties, Cities, and Municipalities. (Attachments: # 1 Proposed Order)(Spiegel, Julia) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
44

NOTICE of Appearance by Bradley Craigmyle (Craigmyle, Bradley) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
45

INCORRECT DOCUMENT ATTACHED - PLEASE DISREGARD AND SEE DOCUMENT 53ORDER by Judge JEFFREY S. WHITE granting 40 Motion to File Amicus Curiae Brief filed by State of California. (jjoS, COURT STAFF) (Filed on 9/9/2020) Modified on 9/9/2020 (jjoS, COURT STAFF). (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
46

ORDER by Judge JEFFREY S. WHITE granting 42 Motion to File Amicus Curiae Brief. (jjoS, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
47

MOTION to File Amicus Curiae Brief filed by NONPROFIT IMMIGRATION ADVOCATES AND LEGAL AND SOCIAL SERVICE PROVIDERS. Motion Hearing set for 10/9/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 9/23/2020. Replies due by 9/30/2020. (Attachments: # 1 Exhibit Exhibit 1, # 2 Proposed Order)(Lee, Joseph) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
48

ORDER by Judge JEFFREY S. WHITE granting 43 Motion for Leave to File Amicus Brief filed by Amicus Curiae 21 Counties, Cities, and Municipalities. (jjoS, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
49

OPPOSITION/RESPONSE (re 27 MOTION for Preliminary Injunction and Memorandum of Points and Authorities In Support Thereof, And Petition For Review and Request for Stay ) filed byKenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf. (Straus Harris, Julie) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
50

ORDER by Judge JEFFREY S. WHITE granting 47 Motion to File Amicus Curiae Brief by IMMIGRATION ADVOCATES AND LEGAL AND SOCIAL SERVICE PROVIDERS. (jjoS, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
51

Brief of Amicus Curiae Immigration Reform Law Institute in Support of Defendants Opposition to Plaintiff's Motion for Preliminary Injunction and Stay re 46 Order on Motion to File by Immigration Reform Law Institute. (Joseph, Lawrence) (Filed on 9/9/2020) Modified on 9/9/2020 (cjlS, COURT STAFF). (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
52

Proposed Order re 49 Opposition/Response to Motion, by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf. (Straus Harris, Julie) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
53

ORDER by Judge JEFFREY S. WHITE granting 40 Motion to File Amicus Curiae Brief filed by State of California. Signed by Judge Jeffrey S. White on 9/9/20. (jjoS, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
54

Amicus Curiae Brief filed by Amicus Curiae 21 Counties, Cities, and Municipalities. (Spiegel, Julia) (Filed on 9/9/2020) Modified on 9/9/2020 (cjlS, COURT STAFF). (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
55

Amicus Curiae Brief in Support of Plaintiffs Motion for Preliminary Injunction filed by State of California, State of Connecticut, District of Columbia, State of Delaware, State of Hawaii, State of Illinois, State of Maryland, State of Massachusetts, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Pennsylvania, State of Rhode Island, State of Vermont, State of Washington. (Downer, William) (Filed on 9/9/2020) Modified on 9/9/2020 (cjlS, COURT STAFF). (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
56

MOTION for leave to appear in Pro Hac Vice Re; Scott Shuchart (Filing fee $ 310, receipt number 0971-14920024.) filed by NONPROFIT IMMIGRATION ADVOCATES AND LEGAL AND SOCIAL SERVICE PROVIDERS. (Shuchart, Scott) (Filed on 9/9/2020) Modified on 9/9/2020 (cjlS, COURT STAFF). (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
57

MOTION for leave to appear in Pro Hac Vice Re: Xiaonan April Hu (Filing fee $ 310, receipt number 0971-14920094.) filed by NONPROFIT IMMIGRATION ADVOCATES AND LEGAL AND SOCIAL SERVICE PROVIDERS. (Hu, Xiaonan) (Filed on 9/9/2020) Modified on 9/9/2020 (cjlS, COURT STAFF). (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
58

ORDER REQUIRING FEDEX DELIVERY OF TWO SETS OF CHAMBERS COPIES OF DEFENDANTS BRIEF AND ADDITIONAL MATERIALS. Signed by Judge Jeffrey S. White on 9/9/20. (jjoS, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
59

ORDER by Judge Jeffrey S. White granting 56 Motion for Pro Hac Vice re Scott Shuchart. (jjoS, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
60

ORDER by Judge Jeffrey S. White granting 57 Motion for Pro Hac Vice re Xiaonan April Hu. (jjoS, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
61

NOTICE of Appearance by Angelo A. Paparelli (Attachments: # 1 Certificate/Proof of Service Certificate of Filing and Service)(Paparelli, Angelo) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
62

MOTION for leave to appear in Pro Hac Vice Re: Keren Z wick (Filing fee $ 310, receipt number 0971-14923115) filed by NONPROFIT IMMIGRATION ADVOCATES AND LEGAL AND SOCIAL SERVICE PROVIDERS. (Zwick, Keren) (Filed on 9/10/2020) Modified on 9/10/2020 (cjlS, COURT STAFF). (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
63

ORDER by Judge Jeffrey S. White granting 62 Motion for Pro Hac Vice re Keren Zwick. (jjoS, COURT STAFF) (Filed on 9/10/2020) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
64

NOTICE of Appearance by Matthew Daniel Strugar for Amicus Curiae Reclaim the Records (Strugar, Matthew) (Filed on 9/10/2020) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
65

MOTION to File Amicus Curiae Brief filed by Reclaim the Records. Motion Hearing set for 10/9/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 9/24/2020. Replies due by 10/1/2020. (Attachments: # 1 Proposed Amicus Brief in Support of Plaintiffs' Motion for a Preliminary Injunction and Petition for Review and Request for Stay, # 2 Proposed Order)(Strugar, Matthew) (Filed on 9/10/2020) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
66

ORDER REQUIRING RESPONSE FROM DEFENDANTS TO RESPOND TO REQUEST TO FILE AMICUS FROM RECLAIM THE RECORDS re: 65 MOTION to File Amicus Curiae Brief filed by Reclaim the Records. Signed by Judge Jeffrey S. White on 9/10/20. (jjoS, COURT STAFF) (Filed on 9/10/2020) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
67

DEFENDANTS RESPONSE TO 65 RECLAIM THE RECORDS REQUEST TO FILE AMICUS Re: 66 Order by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf. (Straus Harris, Julie) (Filed on 9/11/2020) Modified on 9/14/2020 (cjlS, COURT STAFF). (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
68

ORDER by Judge Jeffrey S. White granting 65 Motion to File Amicus Curiae Brief filed by Reclaim the Records. Responses due by 12:30 pm 9/17/2020. (jjoS, COURT STAFF) (Filed on 9/11/2020) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
69

DEFENDANTS NOTICE OF FILING OF DOCUMENTS RELEVANT TO PLAINTIFFS CLAIMS UNDER THE ADMINISTRATIVE PROCEDURE ACT ALLEGING VIOLATIONS OF THE FEDERAL VACANCIES REFORM ACT, THE HOMELAND SECURITY ACT, AND THE APPOINTMENTS CLAUSE by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Exhibit Designation of an Order of Succession for the Secretary (Apr. 9, 2019), # 2 Exhibit DHS Orders of Succession and Delegations of Authorities for Named Positions, DHS Delegation No. 00106, Revision No. 08.5 (Apr. 10, 2019))(Craigmyle, Bradley) (Filed on 9/11/2020) Modified on 9/14/2020 (cjlS, COURT STAFF). (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
70

ORDER AMENDING DEADLINE TO RESPOND TO AMICUS BRIEF FROM RECLAIM THE RECORDS AND GIVING DEFENDANTS EXTENSION OF TIME TO RESPOND re 68 Order on Motion to File Amicus Curiae Brief. Signed by Judge Jeffrey S. White on 9/13/20. (jjoS, COURT STAFF) (Filed on 9/14/2020) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
71

MOTION for Leave to File Excess Pages filed by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. (Attachments: # 1 Declaration of Brian J. Stretch in Support of Plaintiffs' Motion for Excess Pages, # 2 Proposed Order)(Stretch, Brian) (Filed on 9/14/2020) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
72

ORDER by Judge Jeffrey S. White granting 71 Motion for LEAVE TO FILE OVERSIZE REPLY AND INSTRUCTIONS TO COUNSEL (jjoS, COURT STAFF) (Filed on 9/14/2020) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
73

CLERKS NOTICE SETTING ZOOM HEARING. Preliminary Injunction Hearing set for 9/25/2020 09:00 AM. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jsw Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an app earance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jswcrd@cand.uscourts.gov no later than 9/21/20 by 12:00 PM PDT.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jjoS, COURT S TAFF) (Filed on 9/14/2020) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
74

REPLY (re 27 MOTION for Preliminary Injunction and Memorandum of Points and Authorities In Support Thereof, And Petition For Review and Request for Stay ) filed byAsian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. (Attachments: # 1 Declaration, # 2 Exhibit 35, # 3 Exhibit 36, # 4 Exhibit 37, # 5 Exhibit 38, # 6 Exhibit 39, # 7 Exhibit 40, # 8 Exhibit 41, # 9 Exhibit 42, # 10 Exhibit 43)(Stretch, Brian) (Filed on 9/15/2020) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
75

DEFENDANTS MEMORANDUM OF POINTS AND AUTHORITIES IN RESPONSE TO THE BRIEFS OF AMICI CURIAE IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION re 50 Order on Motion to File Amicus Curiae Brief, 68 Order on Motion to File Amicus Curiae Brief, 48 Order on Motion for Leave to File, 41 Order on Motion for Leave to File, 61 Notice of Appearance, 39 Amicus Curiae Appearance, 55 Brief by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Declaration Declaration of Bradley Craigmyle, # 2 Exhibit Exhibits to Craigmyle Declaration)(Straus Harris, Julie) (Filed on 9/15/2020) Modified on 9/16/2020 (cjlS, COURT STAFF). (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
76

ORDER REQUIRING FED EX COPIES OF 75 Response to Amicus. Signed by Judge Jeffrey S. White on September 15, 2020. (jswlc3S, COURT STAFF) (Filed on 9/15/2020) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
77

NOTICE by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica Plaintiffs' Notice of Filing Relevant Documents and Request for Supplemental Briefing (Attachments: # 1 Declaration of Jesse Bless, # 2 Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Stretch, Brian) (Filed on 9/16/2020) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
78

ORDER GRANTING 77 Request for Supplemental Briefing. Signed by Judge Jeffrey S. White on 9/19/20. Plaintiffs and Defendants Supplemental Briefs due by 12:00 PM 9/21/2020 and Shall not exceed 5 pages. (jjoS, COURT STAFF) (Filed on 9/17/2020) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
79

NOTICE OF QUESTIONS FOR HEARING re 27 MOTION for Preliminary Injunction. Signed by Judge Jeffrey S. White on 9/18/20. (jjoS, COURT STAFF) (Filed on 9/18/2020) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
80

NOTICE of Ratification and Legal Authority Not Cited in Defendants' Briefs by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf re 79 Order (Attachments: # 1 Declaration Declaration of Bradley Craigmyle, # 2 Exhibit CFPB v. Gordon, 819 F.3d 1179 (9th Cir. 2016))(Craigmyle, Bradley) (Filed on 9/18/2020) Modified on 9/21/2020 (jmlS, COURT STAFF). (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
81

Supplemental Brief re 27 MOTION for Preliminary Injunction and Memorandum of Points and Authorities In Support Thereof, And Petition For Review and Request for Stay, 78 Order Plaintiffs' Supplemental Brief in Support of Motion for Preliminary Injunction filed byAsian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. (Related document(s) 27, 78 ) (Stretch, Brian) (Filed on 9/21/2020) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
82

DEFENDANTS SUPPLEMENTAL BRIEF IN RESPONSE TO PLAINTIFFS FILING, ECF NO. 77 by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf. (Straus Harris, Julie) (Filed on 9/21/2020) Modified on 9/22/2020 (cjlS, COURT STAFF). (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
83

ORDER PERMTTING SUPPLEMENTAL BRIEFING ON 80 Notice of Additional Authority. Signed by Judge Jeffrey S. White on September 21, 2020. (jswlc3S, COURT STAFF) (Filed on 9/21/2020) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
84

STIPULATION WITH PROPOSED ORDER to Manually File Drive Containing Electronic Copy of Administrative Record filed by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Declaration of Julie Straus Harris)(Straus Harris, Julie) (Filed on 9/22/2020) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
85

PLAINTIFFS SECOND SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION re 83 Order, 27 MOTION for Preliminary Injunction and Memorandum of Points and Authorities In Support Thereof, And Petition For Review and Request for Stay, 80 Notice (Other), filed by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. (Related document(s) 83, 27, 80 ) (Stretch, Brian) (Filed on 9/23/2020) Modified on 9/23/2020 (cjlS, COURT STAFF). (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
86

DEFENDANTS SUPPLEMENTAL BRIEF REGARDING NOTICE OF RATIFICATION, ECF NO. 80 re 83 Order, 27 MOTION for Preliminary Injunction and Memorandum of Points and Authorities In Support Thereof, And Petition For Review and Request for Stay, 80 Notice (Other), filed by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf. (Related document(s) 83, 27, 80 ) (Straus Harris, Julie) (Filed on 9/23/2020) Modified on 9/23/2020 (cjlS, COURT STAFF). (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
87

NOTICE of Appearance by Charles E.T. Roberts on behalf of Defendants. (Roberts, Charles) (Filed on 9/24/2020) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
88

NOTICE OF ADDITIONAL QUESTIONS FOR HEARING re 27 MOTION for Preliminary Injunction. Signed by Judge Jeffrey S. White on 9/24/20. (jjoS, COURT STAFF) (Filed on 9/24/2020) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
89

ORDER GRANTING AS MODIFIED 84 STIPULATION to Manually File Drive Containing Electronic Copy of Administrative Record. Chambers Copies to be provided per Docket No. 76. Signed by Judge Jeffrey S. White on September 25, 2020. (jswlc3S, COURT STAFF) (Filed on 9/25/2020) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
90

Minute Entry for proceedings held before Judge Jeffrey S. White: Motion Hearing held on 9/25/2020. Total Time in Court: 3 hours 15 minutes. Court Reporter: Pamela Batalo Hebel. Plaintiff Attorney: Samina M. Bharmal. Defendant Attorney: Julie Straus Harris and Bradley Craigmyle. Attachment: Minute Order. (jjoS, COURT STAFF) (Date Filed: 9/25/2020) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
91

NOTICE of Filing of the Administrative Record Certification and Index by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Certification of the Administrative Record, # 2 Certified List of Contents of the Administrative Record)(Roberts, Charles) (Filed on 9/25/2020) Modified on 9/28/2020 (cjlS, COURT STAFF). (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
92

NOTICE of Manual Filing of the Administrative Record by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf. (Roberts, Charles) (Filed on 9/25/2020) Modified on 9/28/2020 (cjlS, COURT STAFF). (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
93

NOTICE of Supplemental Citations by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Exhibit)(Roberts, Charles) (Filed on 9/25/2020) Modified on 9/28/2020 (cjlS, COURT STAFF). (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
94

TRANSCRIPT ORDER for proceedings held on 09/25/2020 before Judge Jeffrey S. White by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf, for Court Reporter Pam Batalo. (Roberts, Charles) (Filed on 9/25/2020) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
95

Plaintiffs' Response to Request from the Court During September 25, 2020 Hearing filed by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. (Stretch, Brian) (Filed on 9/25/2020) Modified on 9/28/2020 (cjlS, COURT STAFF). (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
96

Transcript of Proceedings held on 09/25/2020, before Judge White. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 94 Transcript Order, ) Redaction Request due 10/19/2020. Redacted Transcript Deadline set for 10/29/2020. Release of Transcript Restriction set for 12/28/2020. (Related documents(s) 94 ) (Batalo, Pam) (Filed on 9/28/2020) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
97

Administrative Record on a Digital Storage Drive re 92 Notice of Manual Filing, filed by Chad F. Wolf. (Related document(s) 92 ) (anjS, COURT STAFF) (Filed on 9/29/2020) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
98

ORDER GRANTING 27 Motion for Preliminary Injunction. Signed by Judge Jeffrey S. White on September 29, 2020. (jswlc3S, COURT STAFF) (Filed on 9/29/2020) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
99

CERTIFICATE OF SERVICE by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica re 22 Summons Issued as to USA, 1 Complaint,, (Stretch, Brian) (Filed on 10/1/2020) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 20, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Eight non-profit organizations that provide a variety of services for low income applicants for immigration benefits

Plaintiff Type(s):

Non-profit NON-religious organization

Non-profit religious organization

Attorney Organizations:

American Immigration Lawyers Association (AILA)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Citizenship and Immigration Services , Federal

Acting Secretary, Federal

Senior Official Performing the Duties of Deputy Secretary, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Impact

Government Services

Discrimination-basis:

Immigration status

National origin discrimination

Race:

Race, unspecified

Immigration/Border:

Admission - procedure

Asylum - procedure

Constitutional rights

Refugees

Work authorization - procedures

National Origin/Ethnicity:

Hispanic