Case: Human Rights First v. Wolf

1:20-cv-03764 | U.S. District Court for the District of Columbia

Filed Date: Dec. 21, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 21, 2020, Human Rights First, a nonprofit human rights organization, brought this lawsuit against then-Acting Secretary of Homeland Security Chad Wolf and others in the U.S. District Court for the District of Columbia on behalf of refugees seeking to enter the United States for asylum. Plaintiffs challenged a new rule promulgated by the Department of Homeland Security that sought to change applicants' eligibility for asylum. The new rule would have restricted who qualified as a refu…

On December 21, 2020, Human Rights First, a nonprofit human rights organization, brought this lawsuit against then-Acting Secretary of Homeland Security Chad Wolf and others in the U.S. District Court for the District of Columbia on behalf of refugees seeking to enter the United States for asylum. Plaintiffs challenged a new rule promulgated by the Department of Homeland Security that sought to change applicants' eligibility for asylum. The new rule would have restricted who qualified as a refugee, which refugees were able to seek asylum, and how likely a given applicant could succeed in their claim. Represented by Williams and Connolly in D.C., plaintiffs alleged that the rule changes amounted to overturning legal precedent as well as being counter to the Immigration and Nationality Act (INA), Refugee Act, and the Illegal Immigration Reform and Immigrant Responsibility Act. Specifically, plaintiffs argued that the Department of Homeland Security acted contrary to existing legal authority, in excess of the Department’s given authority, in a manner inconsistent with how procedural rulemaking ought to occur, and without comprehensive consideration of the interests involved. Plaintiffs further argued that the rules were enacted by Wolf when the latter was without proper authority as the Acting Secretary. Plaintiffs thus sought declaratory and injunctive relief pertaining to their claims and to strike down the rules as well as attorneys’ fees. Judge Tanya S. Chutkan was assigned to the case.

On December 22, 2020, plaintiffs moved for a preliminary injunction. However, as a result of a nationwide preliminary injunction granted in the cases Pangea Legal Services v. DHS and Immigration Equality v. DHS on January 8, 2021, the motion in this case no longer required consideration.

On January 28, 2021, as a result of the administrative transition and in accordance with the aforementioned two cases, this case was held in abeyance pending the status report due in Pangea and Immigration Equality on April 19, 2021, so that the government could review and potentially revise the regulations at hand.

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/18763091/parties/human-rights-first-v-wolf/


Attorneys(s) for Plaintiff

Johnson, Melinda K (District of Columbia)

Nino, Emma J. (District of Columbia)

Reyes, Ana C. (District of Columbia)

White, Helen E. (District of Columbia)

Attorneys(s) for Defendant

Greer, Christina P. (District of Columbia)

Attorneys(s) for Plaintiff

Johnson, Melinda K (District of Columbia)

Nino, Emma J. (District of Columbia)

Reyes, Ana C. (District of Columbia)

White, Helen E. (District of Columbia)

Attorneys(s) for Defendant

Greer, Christina P. (District of Columbia)

Documents in the Clearinghouse

Document

1:20-cv-03764

Docket [PACER]

Feb. 5, 2021

Feb. 5, 2021

Docket
12/21/2020

1:20-cv-03764

Complaint for Declaratory and Injunctive Relief

Dec. 21, 2020

Dec. 21, 2020

Complaint
5

1:20-cv-03764

Plaintiff's Motion for Preliminary Injunction

Dec. 22, 2020

Dec. 22, 2020

Pleading / Motion / Brief
17

1:20-cv-03764

Joint Stipulation to Hold Case in Abeyance

Human Rights First v. Mayorkas

Feb. 5, 2021

Feb. 5, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18763091/human-rights-first-v-wolf/

Last updated July 24, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-7983614) filed by HUMAN RIGHTS FIRST. (Attachments: # 1 Civil Cover Sheet, # 2 Summons C. Wolf Summons, # 3 Summons W. Barr Summons, # 4 Summons K. Cuccinelli Summons, # 5 Summons A. Davidson Summons)(Reyes, Ana) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Human Rights First (Reyes, Ana) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
3

NOTICE of Appearance by Melinda K Johnson on behalf of Human Rights First (Johnson, Melinda) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER

Case Assigned to Judge Tanya S. Chutkan. (zmd)

Dec. 21, 2020

Dec. 21, 2020

PACER

Case Assigned/Reassigned

Dec. 21, 2020

Dec. 21, 2020

PACER
4

SUMMONS (4) Issued Electronically as to WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, CHAD F. WOLF. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
5

MOTION for Preliminary Injunction by Human Rights First (Attachments: # 1 Exhibit A (J. Hathaway Declaration), # 2 Exhibit B (M. Breen Declaration), # 3 Exhibit C (M. Clemens Declaration), # 4 Text of Proposed Order)(Reyes, Ana) (Entered: 12/22/2020)

1 Exhibit A (J. Hathaway Declaration)

View on RECAP

2 Exhibit B (M. Breen Declaration)

View on RECAP

3 Exhibit C (M. Clemens Declaration)

View on RECAP

4 Text of Proposed Order

View on PACER

Dec. 22, 2020

Dec. 22, 2020

RECAP
6

NOTICE of Appearance by Christina Greer on behalf of All Defendants (Greer, Christina) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
7

STIPULATION re 5 MOTION for Preliminary Injunction by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, CHAD F. WOLF. (Greer, Christina) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

RECAP

MINUTE ORDER: Given the complexity of the issues and the quickly approaching implementation date of the challenged regulation, the court hereby rejects the parties' proposed briefing deadlines. Defendant shall file is response to the motion for preliminary injunction 5 by noon on January 30, 2020. Plaintiffs reply is due by noon on January 1, 2021. If a hearing becomes necessary, the court will contact the parties. Going forward, the parties are hereby advised that they must file a motion seeking court approval to alter the limitations in the local rules, as well as the Federal Rules of Civil Procedure, or to extend any deadlines. Signed by Judge Tanya S. Chutkan on 12/23/2020. (DJS)

Dec. 23, 2020

Dec. 23, 2020

PACER

AMENDED MINUTE ORDER: Given the complexity of the issues and the quickly approaching implementation date of the challenged regulation, the court hereby rejects the parties' proposed briefing deadlines. Defendant shall file is response to the motion for preliminary injunction 5 by noon on December 30, 2020. Plaintiff's reply is due by noon on January 1, 2021. If a hearing becomes necessary, the court will contact the parties. Going forward, the parties are hereby advised that they must file a motion seeking court approval to alter the limitations in the local rules, as well as the Federal Rules of Civil Procedure, or to extend any deadlines. Signed by Judge Tanya S. Chutkan on 12/23/20. (DJS)

Dec. 23, 2020

Dec. 23, 2020

PACER

Set/Reset Deadlines: Response due by 12/30/2020. Reply due by 1/1/2021. (tb)

Dec. 23, 2020

Dec. 23, 2020

PACER

.Order

Dec. 23, 2020

Dec. 23, 2020

PACER

Set/Reset Deadlines

Dec. 23, 2020

Dec. 23, 2020

PACER
8

RESPONSE re 5 MOTION for Preliminary Injunction filed by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, CHAD F. WOLF. (Attachments: # 1 Exhibit A (Index of Exhibits), # 2 Exhibit B (Blackwell Declaration), # 3 Exhibit C (Swartz Declaration), # 4 Text of Proposed Order)(Greer, Christina) (Entered: 12/30/2020)

1 Exhibit A (Index of Exhibits)

View on PACER

2 Exhibit B (Blackwell Declaration)

View on RECAP

3 Exhibit C (Swartz Declaration)

View on RECAP

4 Text of Proposed Order

View on PACER

Dec. 30, 2020

Dec. 30, 2020

RECAP
9

REPLY to opposition to motion re 5 MOTION for Preliminary Injunction filed by Human Rights First. (Reyes, Ana) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

RECAP
10

NOTICE of Appearance- Pro Bono by Emma Nino on behalf of HUMAN RIGHTS FIRST (Attachments: # 1 Declaration of Emma Nino - LCvR 83.2(g) Certification)(Nino, Emma) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER

MINUTE ORDER: By 5:00 pm on Friday 1/8/2021, the parties shall meet, confer and file a joint status report informing the court whether the Defendants will agree to stay implementation of the challenged regulations in light of recent and fast changing events nationally and at the Department of Homeland Security. To the extent Defendants are willing to do so, the parties shall attach a proposed order to the status report. Signed by Judge Tanya S. Chutkan on 1/7/2021. (DJS)

Jan. 7, 2021

Jan. 7, 2021

PACER

Set/Reset Deadlines: Joint Status Report due by 1/8/2021. (tb)

Jan. 8, 2021

Jan. 8, 2021

PACER
11

Joint STATUS REPORT by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, CHAD F. WOLF. (Greer, Christina) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

RECAP
12

ORDER requiring supplemental briefing. Defendant's brief due by 8:00 am on Saturday January 8, 2021 and Plaintiff's Brief due by 5:00 pm on Saturday January 8, 2021 (see order for further details).. Signed by Judge Tanya S. Chutkan on 1/8/21. (DJS) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

RECAP
13

NOTICE of Preliminary Injunction by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, CHAD F. WOLF (Greer, Christina) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

RECAP

MINUTE ORDER: In light of the nationwide Preliminary Injunction entered in Pangea Legal Servs. v. U.S. Dept of Homeland Sec., No. 3:20-cv-09253-JD (N.D. Cal. Jan. 8, 2021) and Immigration Equality v. U.S. Dept of Homeland Sec., 3:20-cv-09258-JD (N.D. Cal. Jan. 8, 2021) enjoining implementation of the regulation at issue in this case, the courts 1/8/21 Minute Order is hereby vacated. Signed by Judge Tanya S. Chutkan on 1/8/21. (DJS)

Jan. 8, 2021

Jan. 8, 2021

PACER

VACATED BY MINUTE ORDER FILED ON 01/08/2021.....MINUTE ORDER: In light of the nationwide Preliminary Injunction entered in Pangea Legal Servs. v. U.S. Dept of Homeland Sec., No. 3:20-cv-09253-JD (N.D. Cal. Jan. 8, 2021) and Immigration Equality v. U.S. Dept of Homeland Sec., 3:20-cv-09258-JD (N.D. Cal. Jan. 8, 2021) enjoining implementation of the regulation at issue in this case, the courts 1/8/21 Minute Order is hereby vacated. Signed by Judge Tanya S. Chutkan on 1/8/21. (DJS) Modified on 1/10/2021 (tb).

Jan. 8, 2021

Jan. 8, 2021

PACER

Set/Reset Deadlines

Jan. 8, 2021

Jan. 8, 2021

PACER

.Order

Jan. 9, 2021

Jan. 9, 2021

PACER

Set/Reset Deadlines: Reply due by 1/8/2021. Supplemental Brief due by 1/8/2021. (tb)

Jan. 10, 2021

Jan. 10, 2021

PACER

Set/Reset Deadlines

Jan. 10, 2021

Jan. 10, 2021

PACER
14

ENTERED IN ERROR. . . . .NOTICE by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, CHAD F. WOLF (Attachments: # 1 Exhibit A)(Greer, Christina) Modified on 1/19/2021 (ztd). (Entered: 01/19/2021)

1 Exhibit A

View on PACER

Jan. 19, 2021

Jan. 19, 2021

RECAP

NOTICE OF CORRECTED DOCKET ENTRY: re 14 Notice (Other) was entered in error per counsel. Counsel will refile. (ztd)

Jan. 19, 2021

Jan. 19, 2021

PACER
15

NOTICE by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, CHAD F. WOLF (Attachments: # 1 Exhibit A)(Greer, Christina) (Entered: 01/19/2021)

1 Exhibit A

View on PACER

Jan. 19, 2021

Jan. 19, 2021

RECAP
16

RESPONSE re 15 Notice (Other) filed by HUMAN RIGHTS FIRST. (Reyes, Ana) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

RECAP

Notice of Corrected Docket Entry

Jan. 19, 2021

Jan. 19, 2021

PACER

MINUTE ORDER: In light of recent Executive and Administrative actions, the parties shall meet, confer and file a joint status report by 3/5/21 advising the court: 1) whether the current dispute has been mooted or the parties anticipate that it will be mooted; 2) whether the parties wish to stay this action for any reason, including the parties' negotiations over resolving this dispute; or 3) whether the parties agree that this litigation should continue as anticipated pursuant to the federal rules, local rules or a scheduling order. The report shall be accompanied by a proposed order as appropriate. Signed by Judge Tanya S. Chutkan on 1/28/21. (DJS)

Jan. 28, 2021

Jan. 28, 2021

PACER

.Order

Jan. 28, 2021

Jan. 28, 2021

PACER

Set/Reset Deadlines: Joint Status Report due by 3/5/2021. (tb)

Feb. 1, 2021

Feb. 1, 2021

PACER

Set/Reset Deadlines

Feb. 1, 2021

Feb. 1, 2021

PACER
17

STIPULATION re Order,, by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, CHAD F. WOLF. (Attachments: # 1 Text of Proposed Order)(Greer, Christina) (Entered: 02/05/2021)

1 Text of Proposed Order

View on PACER

Feb. 5, 2021

Feb. 5, 2021

RECAP

MINUTE ORDER: Having considered the parties' joint status report and stipulation 17, it is herby ordered that this action is STAYED pending further order of the court. By 5/7/21, the parties shall file another joint report, accompanied by proposed order. Signed by Judge Tanya S. Chutkan on 2/5/21. (DJS) Modified on 2/7/2021 (tb).

Feb. 5, 2021

Feb. 5, 2021

PACER

.Order

Feb. 5, 2021

Feb. 5, 2021

PACER
18

Joint STATUS REPORT by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, CHAD F. WOLF. (Attachments: # 1 Text of Proposed Order)(Greer, Christina) (Entered: 05/07/2021)

May 7, 2021

May 7, 2021

PACER

MINUTE ORDER: Having considered the parties' joint status report 18, it is hereby ordered that the Stay in this action shall continue until further order of the court so as to allow Defendants time to review the Rule at issue in this litigation. The parties shall file a joint status report by 8/9/21 and every 30 days thereafter. To the extent the joint status report contains a proposed change in the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 5/7/21. (DJS)

May 7, 2021

May 7, 2021

PACER

.Order

May 7, 2021

May 7, 2021

PACER

Set/Reset Deadlines: Joint Status Report due by 8/9/2021. (tb)

May 10, 2021

May 10, 2021

PACER

Set/Reset Deadlines

May 10, 2021

May 10, 2021

PACER
19

Joint STATUS REPORT by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, CHAD F. WOLF. (Greer, Christina) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
20

Joint STATUS REPORT by WILLIAM P. BARR, KENNETH T. CUCCINELLI, ANDREW J. DAVIDSON, CHAD F. WOLF. (Greer, Christina) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

RECAP

MINUTE ORDER: In light of the 2/5/2021 Stay entered in this case, the Clerk of the Court is hereby directed to ADMINSTRATIVELY CLOSE this case. Upon motion, one or more parties may move to reopen this action and return it to the court's active docket. Plaintiffs' Motion for Preliminary Injunction 5 is hereby DENIED without prejudice to Plaintiffs' right to renew the motion should the circumstances warrant such action. Signed by Judge Tanya S. Chutkan on 9/8/21. (DJS)

Sept. 8, 2021

Sept. 8, 2021

PACER

Order on Motion for Preliminary Injunction

Sept. 8, 2021

Sept. 8, 2021

PACER

MINUTE ORDER: During the stay and administrative closing of this action, the parties shall continue to file joint status reports. The next report is due 1/15/22 and every 60 days thereafter. To the extent a party proposes a change in the status quo the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 10/29/21. (DJS)

Oct. 29, 2021

Oct. 29, 2021

PACER

.Order

Oct. 29, 2021

Oct. 29, 2021

PACER

Set/Reset Deadlines: Joint Status Report due by 1/15/2022. (tb)

Nov. 2, 2021

Nov. 2, 2021

PACER

Set/Reset Deadlines

Nov. 2, 2021

Nov. 2, 2021

PACER
21

NOTICE of Appearance by Lindsay M. Vick on behalf of All Defendants (Vick, Lindsay) (Entered: 01/10/2022)

Jan. 10, 2022

Jan. 10, 2022

PACER
22

Joint STATUS REPORT by WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, ANDREW J. DAVIDSON, CHAD F. WOLF. (Vick, Lindsay) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

PACER
23

Status Report

March 15, 2022

March 15, 2022

RECAP
24

Status Report

May 13, 2022

May 13, 2022

RECAP
25

Notice of Appearance

May 24, 2022

May 24, 2022

PACER
26

Notice of Withdrawal of Appearance

May 24, 2022

May 24, 2022

PACER
27

Status Report

July 12, 2022

July 12, 2022

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 21, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Non-profit human rights organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Immigration/Border:

Asylum - criteria

Refugees