Case: AsylumWorks v. Wolf

1:20-cv-03815 | U.S. District Court for the District of Columbia

Filed Date: Dec. 23, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about a change of rules by the Department of Homeland Security (DHS) which curtailed access to employment authorization documents (EADs) by asylum seekers. On December 23, 2020, three nonprofit organizations and fourteen noncitizen asylum seekers filed this lawsuit in United States District Court for the District of Columbia. The plaintiffs sued DHS, the Secretary of DHS, and General Counsel for DHS under the Administrative Procedures Act (APA). Represented by National Immigrant …

This is a case about a change of rules by the Department of Homeland Security (DHS) which curtailed access to employment authorization documents (EADs) by asylum seekers. On December 23, 2020, three nonprofit organizations and fourteen noncitizen asylum seekers filed this lawsuit in United States District Court for the District of Columbia. The plaintiffs sued DHS, the Secretary of DHS, and General Counsel for DHS under the Administrative Procedures Act (APA). Represented by National Immigrant Justice Center, the plaintiffs sought injunctive relief to vacate two agency rules that curtailed access to EADs. Specially, they claimed that the rules changed by DHS were arbitrary and capricious and contrary to the Immigration and Nationality Act (INA). They also claimed that Acting DHS Secretary was not validly serving as Acting DHS Secretary under the Homeland Security Act, Federal Vacancies Reform Act, and the Appointments Clause of the Constitution when he signed the rules. The case was assigned to Judge Beryl Howell.

The challenged Timeline Repeal Rule removed the requirement that United States Citizenship and Immigration Services (USCIS) respond to an application for EAD within 30 days of filing, which resulted in asylum seekers waiting indefinitely for a decision on their application. The challenged EAD Bar Rule included USCIS regulations which created additional barriers to asylum applicants’ access to work authorization. The complaint detailed the critical role that EADs serve in assisting asylum seekers to obtain government services, housing, healthcare, and work.

The plaintiffs filed an amended complaint on March 23, 2021, adding five additional individual plaintiffs and removing one. The amended complaint also addressed pertinent events that occurred subsequent to the initial complaints’ filing, such as personnel changes in DHS and the Secretary’s attempt to ratify the rules in January 2021.

Subsequently, on April 22, 2021, the defendants filed a motion to stay prior to filing an answer. In denying the stay on June 1, the court rejected the defendants’ arguments that the parallel proceedings in ​​Casa de Maryland v. Mayorkas and changes in DHS leadership might moot or reshape the case. According to the court, the potential impact of the Maryland court’s decision here was too speculative in both timing and scope, and defendants offered no evidence that DHS planned to alter or repeal the rules. 2021 WL 2227335.

The asylum seekers filed a motion for partial summary judgment on June 9, 2021, and the defendants filed a motion for partial summary judgment on July 28, 2021. On February 7, 2022, the court granted the asylum seekers’ motion for summary judgment on their claim that Wolf’s appointment was invalid. The court noted that five other district courts and another judge in the U.S. District Court for the District of Columbia had already concluded that Wolf’s appointment as Acting Secretary was invalid. See Pangea Legal Servs. v. U.S. Dep’t of Homeland Sec., 512 F. Supp. 3d 966 (N.D. Cal. 2021); Batalla Vidal v. Wolf, 501 F. Supp. 3d 117 (E.D.N.Y. 2020); Nw. Imm. Rights. Proj. v. USCIS, 496 F. Supp. 3d 31 (D.D.C. 2020); Imm. Legal Res. Ctr. v. Wolf, 491 F. Supp. 3d 520 (N.D. Cal. 2020); Casa de Md., Inc. v. Wolf, 486 F. Supp. 3d 928 (D. Md. 2020); La Clinica De La Raza v. Trump, No. 19-cv-4980, 2020 WL 7053313 (N.D. Cal. Nov. 25, 2020). The court found no reason to depart from the other decisions. Because Wolf’s appointment was invalid, the Timeline Repeal Rule and the EAD Bar rule were vacated. The court denied DHS’s cross-motion for summary judgment.

The case is ongoing.

Summary Authors

Emma Mertens (4/8/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/26442433/parties/asylumworks-v-wolf/


Judge(s)

Howell, Beryl Alaine (District of Columbia)

Attorneys(s) for Plaintiff

Acharya, Deepa (District of Columbia)

Borroto, Gianna (Illinois)

Caldarone, Richard (Virginia)

Carpenter, Julie (Virginia)

Crook, Jamie Lorraine (California)

Daher, Annie (California)

Fleming, Mark (Illinois)

Hoy, Nicholas A. S. (New York)

McGrail, Brian (District of Columbia)

Judge(s)

Howell, Beryl Alaine (District of Columbia)

Attorneys(s) for Plaintiff

Acharya, Deepa (District of Columbia)

Borroto, Gianna (Illinois)

Caldarone, Richard (Virginia)

Carpenter, Julie (Virginia)

Crook, Jamie Lorraine (California)

Daher, Annie (California)

Fleming, Mark (Illinois)

Hoy, Nicholas A. S. (New York)

McGrail, Brian (District of Columbia)

Shuchart, Scott (District of Columbia)

Spilly, Carl (District of Columbia)

Whitmer, Tyler (District of Columbia)

Wylegala, Wendy (New York)

Zwick, Keren Hart (Illinois)

Documents in the Clearinghouse

Document

PACER (Docket)

Asylumworks v. Wolf

Sept. 8, 2021 Docket
3

Complaint for Declaratory and Injunctive Relief

Asylumworks v. Wolf

Dec. 23, 2020 Complaint
12

Complaint for Declaratory and Injunctive Relief

Asylumworks v. Wolf

March 23, 2021 Complaint
22

Memorandum Opinion and Order

Asylumworks v. Mayorkas

2021 WL 2227335

June 1, 2021 Order/Opinion
36

Notice of Supplemental Authority

None

Oct. 5, 2021 None
42

Memorandum & Opinion

Asylumworks v. Mayorkas

2022 WL 355213

Feb. 7, 2022 Order/Opinion

Resources

Title Description External URL

AsylumWorks v. Wolf

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

The Trump administration promulgated new rules that drastically curtail access to work authorization for people who flee to the United States and apply for asylum protection. Employment authorization… June 2, 2021 https://cgrs.uchastings.edu/our-work/asylumworks-v-wolf

Docket

See docket on RECAP: https://www.courtlistener.com/docket/26442433/asylumworks-v-wolf/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

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)

Dec. 23, 2020 PACER
2

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)

Dec. 23, 2020 PACER
3

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

View on PACER

3 Summons

View on PACER

4 Summons

View on PACER

5 Civil Cover Sheet

View on PACER

Dec. 23, 2020 Clearinghouse
4

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)

Dec. 29, 2020 PACER
5

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

Dec. 29, 2020 PACER
6

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)

Dec. 29, 2020 PACER

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

Dec. 29, 2020 PACER
7

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)

Jan. 21, 2021 PACER

Filing Fee Received

Feb. 8, 2021 PACER
8

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

March 8, 2021 PACER
9

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)

March 11, 2021 PACER

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)

March 12, 2021 PACER

Order on Motion for Extension of Time to

March 12, 2021 PACER

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

March 15, 2021 PACER

Set/Reset Deadlines

March 15, 2021 PACER
10

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

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

March 22, 2021 RECAP
11

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)

March 22, 2021 PACER

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)

March 23, 2021 PACER
12

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

March 23, 2021 Clearinghouse

Order on Motion for Leave to File

March 23, 2021 PACER
13

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)

March 29, 2021 PACER
14

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)

April 3, 2021 PACER

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)

April 6, 2021 PACER

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

April 6, 2021 PACER

Order on Motion for Extension of Time to

April 6, 2021 PACER

Set/Reset Deadlines

April 6, 2021 PACER
15

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)

April 15, 2021 PACER

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)

April 16, 2021 PACER

Order on Motion for Extension of Time to

April 17, 2021 PACER

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

April 19, 2021 PACER

Set/Reset Deadlines

April 19, 2021 PACER
16

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

View on PACER

April 22, 2021 RECAP
17

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)

April 29, 2021 RECAP
18

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)

May 6, 2021 PACER

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)

May 6, 2021 PACER

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

May 6, 2021 PACER

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

May 7, 2021 PACER
19

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

View on PACER

May 7, 2021 RECAP

Set/Reset Deadlines

May 7, 2021 PACER
20

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)

May 12, 2021 PACER

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)

May 13, 2021 PACER
21

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

May 13, 2021 RECAP

Order on Motion for Leave to File

May 13, 2021 PACER
22

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)

June 1, 2021 Clearinghouse

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

June 2, 2021 PACER

Set/Reset Deadlines

June 2, 2021 PACER
23

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

June 8, 2021 PACER
24

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

June 8, 2021 PACER
25

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

View on PACER

2 Text of Proposed Order

View on RECAP

3 Statement of Facts

View on RECAP

4 Declaration

View on PACER

5 Declaration

View on PACER

6 Declaration

View on PACER

7 Declaration

View on PACER

June 9, 2021 RECAP

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)

June 10, 2021 PACER

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)

June 10, 2021 PACER

.Order

June 10, 2021 PACER

Set/Reset Deadlines

June 10, 2021 PACER
26

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)

July 9, 2021 PACER

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)

July 13, 2021 PACER

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)

July 13, 2021 PACER

Order on Motion to Modify

July 13, 2021 PACER

Set/Reset Deadlines

July 13, 2021 PACER
27

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)

July 20, 2021 PACER

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)

July 20, 2021 PACER

Order on Motion to Modify

July 20, 2021 PACER

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)

July 21, 2021 PACER

Set/Reset Deadlines

July 21, 2021 PACER
28

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)

July 28, 2021 PACER
29

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)

View on PACER

2 Declaration of Juliana Blackwell (with exhibit)

View on PACER

3 Response to Plaintiffs' Statement of Material Facts

View on PACER

4 Text of Proposed Order

View on PACER

July 28, 2021 PACER
30

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)

July 28, 2021 PACER

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)

July 29, 2021 PACER

Order on Motion for Order

July 29, 2021 PACER
31

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

View on RECAP

2 Declaration

View on PACER

Aug. 18, 2021 RECAP
32

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)

Aug. 18, 2021 PACER

Reply to opposition to motion

Aug. 18, 2021 PACER
33

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)

Sept. 3, 2021 RECAP
34

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

Sept. 8, 2021 PACER
35

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)

Sept. 22, 2021 PACER

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)

Sept. 23, 2021 PACER

Order on Motion for Leave to Appear

Sept. 23, 2021 PACER
36

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

Oct. 5, 2021 Clearinghouse
37

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)

Nov. 16, 2021 PACER

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)

Nov. 24, 2021 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 24, 2021 PACER
38

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)

Dec. 1, 2021 PACER
39

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)

Dec. 25, 2021 PACER
40

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

Jan. 25, 2022 PACER
41

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)

Feb. 7, 2022 RECAP
42

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)

Feb. 7, 2022 Clearinghouse
41

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)

Feb. 7, 2022 RECAP
42

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)

Feb. 7, 2022 RECAP
43

Extension of Time to

May 4, 2022 PACER

Order on Motion for Extension of Time to

May 5, 2022 PACER

Set/Reset Deadlines

May 6, 2022 PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 23, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

three nonprofit organizations and eighteen noncitizen asylum seekers

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of Homeland Security (Washington, District of Columbia), Federal

Department of Homeland Security (Washington, District of Columbia), Federal

Acting General Counsel (Washington, District of Columbia), Federal

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Gay/lesbian/transgender

Government Services

Immigration/Border:

Asylum - procedure

Employment

Work authorization - procedures