Case: Vangala v. USCIS

Vangala v. U.S. Citizenship and Immigration Services

Vangala v. U.S. Citizenship and Immigration Services

Vangala v. U.S. Citizenship and Immigration Services

National Immigration Litigation Alliance

American Immigration Lawyers Association

DHS Secretary John Kelly

President Donald Trump

DHS Secretary John Kelly

President Donald Trump

CLASS ACTION COMPLAINT for Injunctive and Declaratory Relief against U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, (Filing Fee: $400.00, receipt number 0971-15213281). Filed by Akhilesh R. Vangala, Kenney M. Castaneda Penate, I.S.A.. (Attachments: #(1) Civil Cover Sheet)(Realmuto, Trina) (Filed on 11/19/2020) Modified on 11/20/2020 (tnS, COURT STAFF). (Entered: 11/19/2020)

Proposed Summons. (Realmuto, Trina) (Filed on 11/19/2020) (Entered: 11/19/2020)

ADMINISTRATIVE MOTION to Proceed under a Pseudonym filed by I.S.A.. Responses due by 11/23/2020. (Attachments: # 1 Proposed Order)(Realmuto, Trina) (Filed on 11/19/2020) (Entered: 11/19/2020)

NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION filed by Kenney M. Castaneda Penate, I.S.A., Akhilesh R. Vangala. Responses due by 12/3/2020. Replies due by 12/10/2020. (Attachments: # 1 Declaration Realmuto (Authenticating), # 2 Declaration Dandelet, # 3 Declaration Pavri, # 4 Declaration Dalal-Dheini, # 5 Declaration Engen, # 6 Declaration Ziegeweid, # 7 Declaration Joyner, # 8 Declaration Limb, # 9 Declaration Odom, # 10 Declaration Levin, # 11 Declaration Koop, # 12 Declaration Adams, # 13 Declaration Kenney, # 14 Declaration Realmuto, # 15 Declaration Nightingale, # 16 [Proposed] Order)(Realmuto, Trina) (Filed on 11/19/2020) (Entered: 11/19/2020)

Case assigned to Magistrate Judge Joseph C. Spero. 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 12/3/2020. (bwS, COURT STAFF) (Filed on 11/19/2020) (Entered: 11/19/2020)

NOTICE of Appearance by Helen Elizabeth Beasley for Plaintiffs (Beasley, Helen) (Filed on 11/19/2020) (Entered: 11/19/2020)

NOTICE of Appearance by Zachary Miller Nightingale for Plaintiffs (Nightingale, Zachary) (Filed on 11/19/2020) (Entered: 11/19/2020)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kenney M. Castaneda Penate, I.S.A., Akhilesh R. Vangala.. (Beasley, Helen) (Filed on 11/19/2020) (Entered: 11/19/2020)

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. (klhS, COURT STAFF) (Filed on 11/19/2020) (Entered: 11/19/2020)

~Util - Case Assigned by Intake

ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case.. Signed by The Clerk on 11/20/20. (haS, COURT STAFF) (Filed on 11/20/2020) (Entered: 11/20/2020)

SCHEDULING ORDER (IMMIGRATION MANDAMUS CASE). (tnS, COURT STAFF) (Filed on 11/20/2020) (Entered: 11/20/2020)

Summons Issued as to U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, Office of the United States Attorney & United States Attorney General. (tnS, COURT STAFF) (Filed on 11/20/2020) (Entered: 11/20/2020)

MOTION for leave to appear in Pro Hac Vice for Tiffany Lieu ( Filing fee $ 310, receipt number 0971-15223168.) filed by Kenney M. Castaneda Penate, I.S.A., Akhilesh R. Vangala. (Attachments: # 1 Certificate of Good Standing - WA State, # 2 Certificate of Admission - S.D. Texas)(Lieu, Tiffany) (Filed on 11/20/2020) Modified on 11/23/2020 (bnsS, COURT STAFF). (Entered: 11/20/2020)

Clerk's Notice of Impending Reassignment - Text Only

Clerk's Notice of Impending Reassignment - Text Only

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15226722.) filed by Kenney M. Castaneda Penate, I.S.A., Akhilesh R. Vangala. (Attachments: # 1 Exhibit Certificate of Good Standing)(Kenney, Mary) (Filed on 11/23/2020) (Entered: 11/23/2020)

ORDER by Hon. Haywood S. Gilliam, Jr., DIRECTING Defendants to file by Monday, November 30, 2020 an Opposition or a Notice of Non-Opposition in response to Dkt. No. 3 Plaintiffs Motion to Proceed Under a Pseudonym. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2, COURT STAFF) (Filed on 11/23/2020) (Entered: 11/23/2020)

Order

MOTION for leave to appear in Pro Hac Vice for Attorney Matt Adams ( Filing fee $ 310, receipt number 0971-15236881.) filed by Kenney M. Castaneda Penate, I.S.A., Akhilesh R. Vangala. (Attachments: # 1 Exhibit Certificate of Good Standing)(Adams, Matthew) (Filed on 11/24/2020) (Entered: 11/24/2020)

MOTION for leave to appear in Pro Hac Vice for Attorney Margot Adams ( Filing fee $ 310, receipt number 0971-15236911.) filed by Kenney M. Castaneda Penate, I.S.A., Akhilesh R. Vangala. (Attachments: # 1 Exhibit Certificate of Good Standing)(Adams, Matthew) (Filed on 11/24/2020) (Entered: 11/24/2020)

MOTION for leave to appear in Pro Hac Vice for Attorney Aaron Korthuis ( Filing fee $ 310, receipt number 0971-15236934.) filed by Kenney M. Castaneda Penate, I.S.A., Akhilesh R. Vangala. (Attachments: # 1 Exhibit Certificate of Good Standing)(Adams, Matthew) (Filed on 11/24/2020) (Entered: 11/24/2020)

Electronic filing error. REMINDER TO COUNSEL: Counsel is instructed that all future filings shall bear the initials HSG immediately after the case number. Re: 14 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15226722.) filed by I.S.A., Kenney M. Castaneda Penate, Akhilesh R. Vangala (jjbS, COURT STAFF) (Filed on 11/24/2020)

Electronic Filing Error

Electronic filing error. REMINDER TO COUNSEL: Case division and case location information are incorrect. In the future, please be sure that the case number is correctly reflected on your documents as Oakland Division and the case number should be 4:20-cv-08143 HSG. [err102] Re: 16 MOTION for leave to appear in Pro Hac Vice for Attorney Matt Adams ( Filing fee $ 310, receipt number 0971-15236881.) filed by I.S.A., Kenney M. Castaneda Penate, Akhilesh R. Vangala, 18 MOTION for leave to appear in Pro Hac Vice for Attorney Aaron Korthuis ( Filing fee $ 310, receipt number 0971-15236934.) filed by I.S.A., Kenney M. Castaneda Penate, Akhilesh R. Vangala, 17 MOTION for leave to appear in Pro Hac Vice for Attorney Margot Adams ( Filing fee $ 310, receipt number 0971-15236911.) filed by I.S.A., Kenney M. Castaneda Penate, Akhilesh R. Vangala (bnsS, COURT STAFF) (Filed on 11/25/2020)

OPPOSITION/RESPONSE (re 3 ADMINISTRATIVE MOTION to Proceed under a Pseudonym ) NONOPPOSITION filed byU.S. Citizenship and Immigration Services, U.S. Department of Homeland Security. (Winslow, Sara) (Filed on 11/30/2020) (Entered: 11/30/2020)

STIPULATION WITH PROPOSED ORDER filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, Akhilesh R. Vangala, I.S.A., and Kenny M. Castaneda Penate. (Winslow, Sara) (Filed on 12/2/2020) Modified on 12/3/2020 (bnsS, COURT STAFF). (Entered: 12/02/2020)

ORDER by Judge Haywood S. Gilliam, Jr. Granting 20 Stipulation.(ndrS, COURT STAFF) (Filed on 12/3/2020) (Entered: 12/03/2020)

Reset/Set Deadlines/Hearing as to 4 MOTION to Certify Class, See Docket No. 21 : Responses due by 1/14/2021; Replies due by 1/21/2021; Motion Hearing set for 2/4/2021 02:00 PM in Oakland before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 12/3/2020)

Set Motion and Deadlines/Hearings

CERTIFICATE OF SERVICE by Kenney M. Castaneda Penate, I.S.A., Akhilesh R. Vangala re 14 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15226722.), 8 Consent/Declination to Proceed Before a US Magistrate Judge, 6 Notice of Appearance, 7 Notice of Appearance, 13 MOTION for leave to appear in Pro Hac Vice for Tiffany Lieu ( Filing fee $ 310, receipt number 0971-15223168.), 10 Order,, Case Assigned/Reassigned, 1 Complaint, 5 Case Assigned by Intake,,, 3 ADMINISTRATIVE MOTION to Proceed under a Pseudonym, 11 Immigration Mandamus Case Procedural Order, 15 Order, 4 MOTION to Certify Class, 12 Summons Issued (Beasley, Helen) (Filed on 12/10/2020) (Entered: 12/10/2020)

ORDER by Judge Haywood S. Gilliam, Jr. Granting 13 Motion for Pro Hac Vice for Tiffany Lieu. (ndrS, COURT STAFF) (Filed on 12/17/2020) (Entered: 12/17/2020)

ORDER by Judge Haywood S. Gilliam, Jr. Granting 14 Motion for Pro Hac Vice as to Kenney, Mary. (ndrS, COURT STAFF) (Filed on 12/17/2020) (Entered: 12/17/2020)

ORDER by Judge Haywood S. Gilliam, Jr. Granting 16 Motion for Pro Hac Vice for Attorney Matt Adams. (ndrS, COURT STAFF) (Filed on 12/17/2020) (Entered: 12/17/2020)

ORDER by Judge Haywood S. Gilliam, Jr. Granting 17 Motion for Pro Hac Vice for Attorney Margot Adams. (ndrS, COURT STAFF) (Filed on 12/17/2020) (Entered: 12/17/2020)

ORDER by Judge Haywood S. Gilliam, Jr. Granting 18 Motion for Pro Hac Vice for Attorney Aaron Korthuis. (ndrS, COURT STAFF) (Filed on 12/17/2020) (Entered: 12/17/2020)

CLERK'S NOTICE. Notice is hereby given that the hearing on the 4 motion for class certification, previously set for February 4, 2021, is continued to March 4, 2021 before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 12/29/2020) (Entered: 12/29/2020)

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

NOTICE of Appearance by Elizabeth D. Kurlan for Defendants (Kurlan, Elizabeth) (Filed on 1/5/2021) (Entered: 01/05/2021)

STIPULATION WITH PROPOSED ORDER to Stay Proceedings filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, Akhilesh R. Vangala, I.S.A., and Kenney M. Castaneda Penate. (Kurlan, Elizabeth) (Filed on 1/13/2021) Modified on 1/14/2021 (bnsS, COURT STAFF). (Entered: 01/13/2021)

ORDER by Judge Haywood S. Gilliam, Jr. Granting 30 Stipulation to Stay Proceedings. (ndrS, COURT STAFF) (Filed on 1/14/2021) (Entered: 01/14/2021)

Case Stayed

Case Stayed until February 15, 2021, See Docket No. 31 . (ndrS, COURT STAFF) (Filed on 1/14/2021)

JOINT STATUS REPORT and Stipulation to Continue the Stay of Proceedings by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, Kenney M. Castaneda Penate, I.S.A. and Akhilesh R. Vangala. (Kurlan, Elizabeth) (Filed on 2/16/2021) Modified on 2/17/2021 (bnsS, COURT STAFF). (Entered: 02/16/2021)

ORDER by Hon. Haywood S. Gilliam, Jr., GRANTING the parties' request in Dkt. No. 32 Joint Status Report to STAY the case until March 18, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 2/18/2021) (Entered: 02/18/2021)

Case Stayed, See Docket No. 33 . (ndrS, COURT STAFF) (Filed on 2/18/2021)

Terminate Deadlines AND Case Stayed

Order

STATUS REPORT and Stipulation to Continue the Stay of Proceedings by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, Kenney M. Castaneda Penate, I.S.A., and Akhilesh R. Vangala. (Kurlan, Elizabeth) (Filed on 3/18/2021) Modified on 3/19/2021 (bnsS, COURT STAFF). (Entered: 03/18/2021)

ORDER by Hon. Haywood S. Gilliam, Jr., GRANTING the parties' request in Dkt. No. 34 Joint Status Report to STAY the case until April 19, 2021. The Court SETS a further case management conference for April 27, 2021 at 2 p.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 3/25/2021) (Entered: 03/25/2021)

CLERK'S NOTICE RE DOCKET NO. 35 . Notice is hereby given that the further case management conference previously set for April 27, 2021 will be held telephonically. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.).(ndrS, COURT STAFF) (Filed on 3/25/2021) (Entered: 03/25/2021)

~Util - Telephonic Hearing (AT&T) AND Clerk's Notice

Clerk's Notice AND ~Util - Telephonic Hearing (AT&T)

Order

STATUS REPORT and Stipulation to Continue the Stay of Proceedings by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, Akhilesh R. Vangala, I.S.A. and Kenney M. Castaneda Penate . (Kurlan, Elizabeth) (Filed on 4/19/2021) Modified on 4/20/2021 (jmlS, COURT STAFF). (Entered: 04/19/2021)

Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Further Case Management Conference held on 4/27/2021. Total Time in Court: 4 Minutes. Not Reported. Plaintiff Attorney: Matt Adams. Defendant Attorney: Elizabeth Kurlan. Parties advise the Court that a motion for preliminary approval of class action settlement will be filed within 30 days from todays date (5/27). The stay previously ordered will remain in effect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 4/27/2021) Modified on 4/28/2021 to add "telephonic"(ndrS, COURT STAFF). (Entered: 04/28/2021)

~Util - Set Deadlines AND Case Management Conference - Further

ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties TO SHOW CAUSE why the stay of proceedings should not be lifted in light of the failure to file a motion for preliminary approval of class action settlement by May 27, 2021 as anticipated by the parties at the April 27, 2021 case management conference. The parties shall file a joint statement of 5 pages or less by July 6, 2021 explaining the failure to file the preliminary approval motion and updating the Court on the status of settlement negotiations. Alternatively, Plaintiffs may file the motion for preliminary approval by July 6, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 6/27/2021) (Entered: 06/27/2021)

Order

STIPULATION WITH PROPOSED ORDER FOR APPROVAL OF SETTLEMENT filed by Kenney M. Castaneda Penate, I.S.A., Akhilesh R. Vangala. (Attachments: # 1 Exhibit Proposed Settlement Agreement)(Adams, Matthew) (Filed on 7/6/2021) (Entered: 07/06/2021)

CLERKS NOTICE SETTING TELEPHONIC CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 7/13/2021 02:00 PM in Oakland, - Telephonic Only. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amgS, COURT STAFF) (Filed on 7/7/2021) (Entered: 07/07/2021)

Clerk's Notice Setting Telephonic Hearing (AT&T)

Minute Entry for proceedings held before Judge Haywood S Gilliam, Jr: Further Case Management Conference held on 7/13/2021. Total Time in Court: 9 minutes. Not Reported. Plaintiff Attorney: Matt Adams; Trina Realmuto; Mary Kenney; Tiffany Lieu. Defendant Attorney: Elazabeth Kurlan. Parties are directed to efile within one week of today (6/20/2021) a revised settlement proposal striking "and Applicants" from Section VI and requesting that the case be dismissed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Date Filed: 7/13/2021) (Entered: 07/13/2021)

Case Management Conference - Further AND 1 - Terminate Hearings

JOINT MOTION FOR APPROVAL OF SETTLEMENT: [PROPOSED ORDER] filed by Kenney M. Castaneda Penate, I.S.A., Akhilesh R. Vangala. (Attachments: # 1 Exhibit Settlement Agreement)(Adams, Matthew) (Filed on 7/19/2021) Modified on 7/20/2021 (bnsS, COURT STAFF). (Entered: 07/19/2021)

1 Exhibit Settlement Agreement

View on RECAP

ORDER by Judge Haywood S. Gilliam, Jr. Granting 43 Stipulation. *Docket Nos. 3, 4, and 40 are terminated as moot in light of this order.* (ndrS, COURT STAFF) (Filed on 7/20/2021) (Entered: 07/20/2021)

Electronic filing error. REMINDER TO COUNSEL: Incorrect Event Used. In the future, the correct event is Statement. Correct event is found under Civil Events > Motion and R elated Filings > Motions-General.[err101] Corrected by Clerk's Office. No further action is necessary. Re: 43 (bnsS, COURT STAFF) (Filed on 7/20/2021)

Electronic Filing Error

ORDER by Hon. Haywood S. Gilliam, Jr., DIRECTING the Clerk to close the case in light of Dkt. No. 44 the order granting the joint motion for approval of settlement and to dismiss the case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 8/10/2021) (Entered: 08/10/2021)

Order