Asylumworks v. Wolf

Asylumworks v. Wolf

Asylumworks v. Wolf

Asylumworks v. Mayorkas

2021 WL 2227335

Asylumworks v. Mayorkas

2022 WL 355213

UC Hastings College of the Law Center for Gender & Refugee Studies

MOTION to Proceed Under Pseudonym, MOTION to Seal by ASYLUMWORKS, C. A., COMMUNITY LEGAL SERVICES IN EAST PALO ALTO, D.M.C, G.O.T, G.S.M, H.M.R, J.H.C, K.N.E, L.G.M., L.M.M.G, M.C.R, M.L.V, N.E.F, TAHIRIH JUSTICE CENTER, V.M.B (Attachments: # 1 Exhibits, # 2 Text of Proposed Order)(zeg) (Entered: 12/29/2020)

ORDER granting 1 Motion for Leave to Proceed Under Pseudonym; granting 1 Motion to Seal. Signed by Chief Judge Beryl A. Howell on 12/23/2020. (eg) (Entered: 12/29/2020)

COMPLAINT against CHAD MIZELLE, U.S. DEPARTMENT OF HOMELAND SECURITY, CHAD F. WOLF filed by J.H.C, C. A., TAHIRIH JUSTICE CENTER, ASYLUMWORKS, V.M.B, M.L.V, N.E.F, COMMUNITY LEGAL SERVICES IN EAST PALO ALTO, L.M.M.G, H.M.R, G.S.M, M.C.R, L.G.M., D.M.C, G.O.T, K.N.E. (Attachments: # 1 Exhibits, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Civil Cover Sheet)(eg) (Entered: 12/29/2020)

2 Summons

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3 Summons

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4 Summons

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5 Civil Cover Sheet

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SUMMONS (3) Issued Electronically as to CHAD MIZELLE, U.S. DEPARTMENT OF HOMELAND SECURITY, CHAD F. WOLF. (Attachment: # 1 Notice and Consent)(eg) (Entered: 12/29/2020)

STANDING ORDER. Signed by Chief Judge Beryl A. Howell on December 29, 2020. (lcbah2) (Entered: 12/29/2020)

NOTICE of Appearance by Jamie L. Crook on behalf of All Plaintiffs (Crook, Jamie) (Main Document 6 replaced on 12/31/2020) (zeg). (Entered: 12/29/2020)

Filing fee received: $ 402, receipt number: ADCDC-8012376. (eg)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/12/2021. Answer due for ALL FEDERAL DEFENDANTS by 3/13/2021. (Crook, Jamie) (Entered: 01/21/2021)

Filing Fee Received

NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 03/08/2021)

Consent MOTION for Extension of Time to to Respond to the Complaint by CHAD MIZELLE, U.S. DEPARTMENT OF HOMELAND SECURITY, CHAD F. WOLF. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 03/11/2021)

MINUTE ORDER (paperless) GRANTING defendants' 9 Consent Motion to Extend Time and DIRECTING defendants to respond to plaintiffs' 1 Complaint by March 26, 2021. Signed by Chief Judge Beryl A. Howell on March 11, 2021. (lcbah2)

Order on Motion for Extension of Time to

Set/Reset Deadlines: Answer to the Complaint due by 3/26/2021. (ztg)

Set/Reset Deadlines

MOTION for Leave to File an Amended Complaint by ASYLUMWORKS, C. A., COMMUNITY LEGAL SERVICES IN EAST PALO ALTO, D.M.C, G.S.M, H.M.R, J.H.C, K.N.E, L.G.M., L.M.M.G, M.C.R, M.L.V, N.E.F, TAHIRIH JUSTICE CENTER, V.M.B, U.O., C.H.A., R.P.P., L.E.J.J.* and M.C.J.J.*, through their next friend W.C.J.A., M.A.S.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Zwick, Keren) (Entered: 03/22/2021)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ASYLUMWORKS, C. A., C.H.A., COMMUNITY LEGAL SERVICES IN EAST PALO ALTO, D.M.C, G.S.M, H.M.R, J.H.C, K.N.E, L.E.J.J. and M.C.J.J., through their next friend W.C.J.A., L.G.M., L.M.M.G, M.A.S., M.C.R, M.L.V, N.E.F, R.P.P., TAHIRIH JUSTICE CENTER, U.O., V.M.B (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Zwick, Keren) (Entered: 03/22/2021)

MINUTE ORDER (paperless) GRANTING plaintiffs' 10 Motion for Leave to Amend. "Leave to amend a complaint under Rule 15(a) 'shall be freely given when justice so requires.'" Firestone v. Firestone, 76 F.3d 1205, 1208 (D.C. Cir. 1996) (quoting Fed. R. Civ. P. 15(a)). Leave to amend may ordinarily be denied based only on sufficient reasons, such as "undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, [and] futility of amendment." Foman v. Davis, 371 U.S. 178, 182 (1962). None of the reasons enumerated in Foman that would warrant denial of leave to amend the complaint under Rule 15(a) is present here, and defendants do not oppose plaintiffs' motion. Accordingly, plaintiffs' motion to amend their complaint is GRANTED. Signed by Chief Judge Beryl A. Howell on March 23, 2021. (lcbah2)

AMENDED COMPLAINT against JOSEPH MAHER, ALEJANDRO MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY filed by ALL PLAINTIFFS.(zjf) (Entered: 03/26/2021)

Order on Motion for Leave to File

MEMORANDUM AND ORDER signed by Chief Judge Beryl A. Howell on 3/29/2021. (This document is SEALED and only available to authorized persons.)(ztg) (Entered: 03/29/2021)

Unopposed MOTION for Extension of Time to Respond to the Amended Complaint by JOSEPH MAHER, ALEJANDRO MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 04/03/2021)

MINUTE ORDER (paperless) GRANTING defendants' 14 Unopposed Motion to Extend Time and DIRECTING defendants to respond to plaintiffs' 12 Amended Complaint by April 19, 2021. Signed by Chief Judge Beryl A. Howell on April 5, 2021. (lcbah2)

Set/Reset Deadlines: Answer to the Amended Complaint due by 4/19/2021. (ztg)

Order on Motion for Extension of Time to

Set/Reset Deadlines

Unopposed MOTION for Extension of Time to Respond to the Complaint by JOSEPH MAHER, ALEJANDRO MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 04/15/2021)

MINUTE ORDER (paperless) GRANTING defendants' 15 Unopposed Motion to Extend Time and DIRECTING defendants to respond to plaintiffs' 12 Amended Complaint by April 26, 2021. Signed by Chief Judge Beryl A. Howell on April 16, 2021. (lcbah2)

Order on Motion for Extension of Time to

Set/Reset Deadlines: Answer to the Amended Complaint due by 4/26/2021. (ztg)

Set/Reset Deadlines

MOTION to Stay by JOSEPH MAHER, ALEJANDRO MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 04/22/2021)

1 Text of Proposed Order

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Memorandum in opposition to re 16 MOTION to Stay filed by ALL PLAINTIFFS. (Zwick, Keren) Modified docket event/text on 4/30/2021 (eg). (Entered: 04/29/2021)

Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Stay by JOSEPH MAHER, ALEJANDRO MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 05/06/2021)

MINUTE ORDER (paperless) GRANTING defendants' 18 Unopposed Motion to Extend Time and DIRECTING defendants to file, by May 7, 2021, their reply in support of their 16 Motion to Stay. Signed by Chief Judge Beryl A. Howell on May 6, 2021. (lcbah2)

Order on Motion for Extension of Time to File Response/Reply

Set/Reset Deadlines: Defendants' reply in support of their 16 Motion to Stay due by 5/7/2021. (ztg)

REPLY to opposition to motion re 16 MOTION to Stay filed by JOSEPH MAHER, ALEJANDRO MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit 1)(Walker, Johnny) (Entered: 05/07/2021)

1 Exhibit 1

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MOTION for Leave to File Surreply in Opposition to the Governments Motion to Stay by ALL PLAINTIFFS. (Attachments: # 1 Memorandum in Support)(Zwick, Keren) (Entered: 05/12/2021)

MINUTE ORDER (paperless) GRANTING plaintiffs' 20 Motion for Leave to File Surreply in Opposition to the Government's Motion to Stay and DIRECTING the Clerk of the Court to docket plaintiffs' [20-1] Surreply in Opposition to the Government's Motion to Stay. Signed by Chief Judge Beryl A. Howell on May 13, 2021. (lcbah2)

SURREPLY to re 16 MOTION to Stay filed by ALL PLAINTIFFS. (eg) (Entered: 05/19/2021)

Order on Motion for Leave to File

MEMORANDUM OPINION AND ORDER DENYING defendants' 16 Motion to Stay. See Memorandum Opinion and Order for further details. Signed by Chief Judge Beryl A. Howell on June 1, 2021. (lcbah2) (Entered: 06/01/2021)

Set/Reset Deadlines: Answer to the Complaint due by 6/8/2021; Joint Status Report due by 6/8/2021. (ztg)

Set/Reset Deadlines

Joint STATUS REPORT by JOSEPH MAHER, ALEJANDRO MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 06/08/2021)

ANSWER to 12 Amended Complaint by JOSEPH MAHER, ALEJANDRO MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY.(Walker, Johnny) (Entered: 06/08/2021)

MOTION for Partial Summary Judgment by ALL PLAINTIFFS. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Statement of Facts, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Declaration)(Zwick, Keren) (Entered: 06/09/2021)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Statement of Facts

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4 Declaration

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5 Declaration

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6 Declaration

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7 Declaration

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MINUTE ORDER (paperless) ISSUING, in light of the parties' 23 Joint Status Report, the following SCHEDULING ORDER to control the timing of proceedings in this matter:(1) by July 14, 2021, defendants shall file any cross-motions for partial summary judgment and/or opposition to plaintiffs' 25 Partial Motion for Summary Judgment; (2) by July 28, 2021, plaintiffs shall file any opposition to defendants' cross-motions for partial summary judgment and/or reply in support for their 25 Partial Motion for Summary Judgment; (3) by August 13, 2021, defendants shall file any reply in support of their cross-motions for partial summary judgment. Signed by Chief Judge Beryl A. Howell on June 9, 2021. (lcbah2)

Set/Reset Deadlines: Cross-motion and opposition to Partial Motion for Summary Judgment due by 7/14/2021; opposition to cross-motion for summary judgment and reply to opposition to Partial Motion for Summary Judgment due by 7/28/2021; reply to opposition to cross-motion due by 8/13/2021. (ztg)

.Order

Set/Reset Deadlines

Unopposed MOTION to Modify the Briefing Schedule by JOSEPH MAHER, ALEJANDRO MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/09/2021)

MINUTE ORDER (paperless) GRANTING defendants' 26 Unopposed Motion to Modify the Briefing Schedule and MODIFYING the Court's June 10, 2021 SCHEDULING ORDER as follows:(1) by July 21, 2021, defendants shall file any cross-motions for partial summary judgment and/or opposition to plaintiffs' 25 Partial Motion for Summary Judgment; (2) by August 11, 2021, plaintiffs shall file any opposition to defendants' cross-motions for pretrial summary judgment and/or reply in support for their 25 Partial Motion for Summary Judgment; (3) by September 3, 2021, defendants shall file any reply in support of their cross-motions for partial summary judgment. Signed by Chief Judge Beryl A. Howell on July 12, 2021. (lcbah2)

Set/Reset Deadlines: Cross-motions for partial summary judgment and opposition to Partial Summary Judgment due by 7/21/2021; opposition to cross-motions and reply in support of Partial Motion for Summary Judgment due by 8/11/2021; reply in support of cross-motions due by 9/3/2021. (ztg)

Order on Motion to Modify

Set/Reset Deadlines

Unopposed MOTION to Modify the Briefing Schedule by JOSEPH MAHER, ALEJANDRO MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/20/2021)

MINUTE ORDER (paperless) GRANTING defendants' 27 Unopposed Motion to Extend Time and for Relief from the Four-Day Requirement and MODIFYING the Court's June 10, 2021 SCHEDULING ORDER, which was amended once on July 13, 2021, as follows:(1) by July 28, 2021, defendants shall file any cross-motions for partial summary judgment and/or opposition to plaintiffs' 25 Partial Motion for Summary Judgment; (2) by August 18, 2021, plaintiffs shall file any opposition to defendants' cross-motions for pretrial summary judgment and/or reply in support for their 25 Partial Motion for Summary Judgment; and(3) by September 3, 2021, defendants shall file any reply in support of their cross-motions for partial summary judgment. Signed by Chief Judge Beryl A. Howell on July 20, 2021. (lcbah2)

Order on Motion to Modify

Set/Reset Deadlines: Cross motions for partial summary judgment due by 7/28/2021; opposition to cross-motions and reply to oppositions to partial motion for summary judgment due by 8/18/2021; replies to opposition to cross-motions for partial summary judgment due by 9/3/2021. (ztg)

Set/Reset Deadlines

MOTION for Partial Summary Judgment by JOSEPH MAHER, ALEJANDRO MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Neal Swartz (with exhibits), # 3 Declaration of Juliana Blackwell (with exhibit), # 4 Text of Proposed Order)(Walker, Johnny) (Entered: 07/28/2021)

Memorandum in opposition to re 25 MOTION for Partial Summary Judgment filed by JOSEPH MAHER, ALEJANDRO MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration of Neal Swartz (with exhibits), # 2 Declaration of Juliana Blackwell (with exhibit), # 3 Response to Plaintiffs' Statement of Material Facts, # 4 Text of Proposed Order)(Walker, Johnny) (Entered: 07/28/2021)

1 Declaration of Neal Swartz (with exhibits)

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2 Declaration of Juliana Blackwell (with exhibit)

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3 Response to Plaintiffs' Statement of Material Facts

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4 Text of Proposed Order

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MOTION for Order Excusing Defendants from the Requirements of Local Civil Rule 7(n) by JOSEPH MAHER, ALEJANDRO MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/28/2021)

MINUTE ORDER (paperless) GRANTING defendants' unopposed 30 Motion to Excuse Compliance with Local Civil Rule 7(n) and DIRECTING defendants to instead file a certified list of the contents of the administrative record. Signed by Chief Judge Beryl A. Howell on July 29, 2021. (lcbah2)

Order on Motion for Order

MEMORANDUM in Opposition re, 28 MOTION for Partial Summary Judgment filed by ALL PLAINTIFFS. (Attachments: # 1 Statement of Facts, # 2 Declaration)(Zwick, Keren) Modified text on 8/18/2021 (ztd). (Entered: 08/18/2021)

1 Statement of Facts

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2 Declaration

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REPLY to opposition to motion re 25 MOTION for Partial Summary Judgment filed by ALL PLAINTIFFS. (ztd); (SEE DOCKET ENTRY NO. 31 TO VIEW.) (Entered: 08/18/2021)

Reply to opposition to motion

REPLY to opposition to motion re 28 MOTION for Partial Summary Judgment filed by JOSEPH MAHER, ALEJANDRO MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 09/03/2021)

NOTICE of Appearance by Deepa Acharya on behalf of All Plaintiffs (Acharya, Deepa) (Entered: 09/08/2021)

MOTION for Leave to Appear on behalf of Plaintiffs by ALL PLAINTIFFS. (Attachments: # 1 Text of Proposed Order, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Declaration)(Zwick, Keren) (Entered: 09/22/2021)

MINUTE ORDER (paperless) DENYING plaintiffs' 35 Motion for Authorization of the Appearance of Misha Boutilier. Several licensed attorneys have already appeared for plaintiffs in this case and could participate in any oral argument that the Court may schedule before ruling on plaintiffs' pending 25 Motion for Partial Summary Judgment. There is therefore no special need for the Court to grant this exceptional request when, as plaintiffs explain, Local Rule 83.4, which governs the practice in this Court by law students, "does not apply to Mr. Boutilier's precise circumstances," Mot. at 3, because he is a law school graduate with more than three years of legal experience. Should this matter remain pending then, Mr. Boutilier is invited to seek pro hac vice admission once he is admitted to the New York Bar. Signed by Chief Judge Beryl A. Howell on September 23, 2021. (lcbah2)

Order on Motion for Leave to Appear

NOTICE OF SUPPLEMENTAL AUTHORITY by ALL PLAINTIFFS (Zwick, Keren) (Entered: 10/05/2021)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Misha Tyler Boutilier, Filing fee $ 100, receipt number ADCDC-8868745. Fee Status: Fee Paid. by ALL PLAINTIFFS. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Acharya, Deepa) (Entered: 11/16/2021)

MINUTE ORDER (paperless) GRANTING plaintiffs' 37 Motion for Admission Pro Hac Vice of Attorney Misha Tyler Boutilier. Mr. Boutilier may enter an appearance pro hac vice for the purpose of representing plaintiffs in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Chief Judge Beryl A. Howell on November 24, 2021. (lcbah2)

Order on Motion for Leave to Appear Pro Hac Vice

NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of All Defendants Substituting for attorney Johnny H. Walker (Hair, Christopher) (Entered: 12/01/2021)

NOTICE OF SUBSTITUTION OF COUNSEL by Bradley Silverman on behalf of All Defendants Substituting for attorney Christopher Charles Hair (Silverman, Bradley) (Entered: 12/25/2021)

NOTICE OF WITHDRAWAL OF APPEARANCE as to ALL PLAINTIFFS. Attorney Jamie L. Crook terminated. (Crook, Jamie) (Entered: 01/25/2022)

ORDER GRANTING plaintiffs' 25 Motion for Partial Summary Judgment and DENYING defendants' 28 Cross-Motion for Partial Summary Judgment. See Order for further details. The Clerk of the Court is directed to close this case. Signed by Chief Judge Beryl A. Howell on February 7, 2022. (lcbah2) (Entered: 02/07/2022)

MEMORANDUM OPINION regarding plaintiffs' 25 Motion for Partial Summary Judgment and defendants' 28 Cross-Motion for Partial Summary Judgment. Signed by Chief Judge Beryl A. Howell on February 7, 2022. (lcbah2) (Entered: 02/07/2022)

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