Case: Pangea Legal Services v. U.S. Department of Homeland Security

3:20-cv-09253 | U.S. District Court for the Northern District of California

Filed Date: Dec. 21, 2020

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Case Summary

This case challenged a Department of Homeland Security (DHS) rule affecting asylum proceedings issued in the final days of the first Trump administration. 85 Fed. Reg. 80274 (Dec. 11, 2020). Most notably, the rule (a) set new de facto bars to asylum eligibility; (b) expanded the “firm resettlement” bar, withholding asylum from people previously resettled in another country prior to arrival in the United States; (c) allowed judges to “pretermit” applicants that failed to make a prima facie asyl…

This case challenged a Department of Homeland Security (DHS) rule affecting asylum proceedings issued in the final days of the first Trump administration. 85 Fed. Reg. 80274 (Dec. 11, 2020).

Most notably, the rule (a) set new de facto bars to asylum eligibility; (b) expanded the “firm resettlement” bar, withholding asylum from people previously resettled in another country prior to arrival in the United States; (c) allowed judges to “pretermit” applicants that failed to make a prima facie asylum claim on the face of the application; and (d) restricted the definition of “refugee” under the Immigration and Nationality Act (INA).

On December 21, 2020, Pangea Legal Services and other legal organizations filed this suit against the United States Department of Homeland Security (DHS) in the U.S. District Court for the Northern District of California, in front of Judge James Donato, on behalf of refugees seeking to enter the United States for asylum. The plaintiffs alleged that DHS unlawfully changed asylum rules and thus restricted asylum eligibility by making it more difficult to meet the definition of a refugee, qualify for asylum review, and then meet the requirements to be granted asylum. The plaintiffs argued that such changes would frustrate their organizational missions and divert resources toward litigation. Represented by Sidley Austin, the Harvard Immigration and Refugee Clinical Program, and the University of California Hastings Center for Gender and Refugee Studies, the plaintiffs sought both attorneys' fees and preliminary and permanent injunctive relief to prevent implementation of the changed rules.

Specifically, the plaintiffs claimed that the rules upended precedent on refugee law and were contrary to the Immigration and Nationality Act (INA). The plaintiffs stated that the actions of the administration were in violation of law because the rule was promulgated under an acting Secretary of Homeland Security, who was without authority under the relevant statutes. The plaintiffs further alleged the rule violated the Administrative Procedure Act for various reasons, including that (a) DHS acted in excess of authority because its rule was contrary to the INA as well as the Refugee Act, (b) the rule was arbitrary and capricious because it was hastily implemented and was inconsistent with decades of precedent, and (3) the rule was violated observance of procedure because DHS failed to include stakeholders (like the plaintiffs) when making changes to the rules. The plaintiffs further asserted a violation of due process rights for asylum seekers.

On December 23, 2020, Judge Susan Illston, presiding over another case between Pangea and DHS, denied a motion to relate that case to both this suit and the case Immigration Equality v. DHS. However, Judge Donato on December 29, 2020, granted a sua sponte motion to relate this suit to that of Immigration Equality.

On January 8, 2021, the court granted a preliminary injunction in the two related cases. Reasoning that the plaintiffs demonstrated a reasonable chance of success at trial and that there was a risk of irreparable harm without an injunction, the court enjoined DHS from enacting the revised rules on a nationwide scale.

On January 28, 2021, the two related cases were stayed so as to allow the incoming Biden administration to review and revise the refugee policy. Status reports were filed on April 19, 2021, May 19, 2021, August 19, 2021, and September 20, 2021. On October 20, 2021, the court filed an order terminating the civil case in both related cases.

On January 31, 2022, the parties requested the cases be administratively closed and the preliminary injunction remain in place while the agency continued to work on draft regulations. The court granted the parties motion for the cases to be administratively closed on February 4, 2022.

	Document
3:20-cv-09253 3:20-09258	Docket (PACER)	Feb. 12, 2021	Feb. 12, 2021 Docket
1 3:20-cv-09253	Complaint for Declaratory and Injunctive Relief (Administrative Procedure Act Case )	Dec. 21, 2020	Dec. 21, 2020 Complaint
66 3:20-cv-09253	Order Re Preliminary Injunction	Jan. 8, 2021	Jan. 8, 2021 Order/Opinion 512 F.Supp.3d 966

ECF Number	Description	Date	Link Date / Link
	Set/Reset Hearing re 13 Order Relating Case Telephone Conference set for 7/18/2019 08:30 AM in San Francisco, Chambers before Judge Jon S. Tigar. (mllS, COURT STAFF) (Filed on 7/17/2019)	July 17, 2019	July 17, 2019 PACER
	Electronic filing error. NOTICE TO COUNSEL: Document includes redacted pages. A written request must be filed to seal documents. Please see Local Rules 79-5 and re-file in its entirety. Re: 66 Errata, filed by U.S. Department of Homeland Security, Matthew T. Albence, U.S. Customs and Border Protection, William Barr, U.S. Department of Justice, Kenneth T. Cuccinelli, James McHenry, U.S. Citizenship and Immigration Services, Kevin K. McAleenan, Executive Office for Immigration Review, Immigration and Customs Enforcement, John P. Sanders, 65 Opposition/Response to Motion,, filed by U.S. Department of Homeland Security, Matthew T. Albence, U.S. Customs and Border Protection, William Barr, U.S. Department of Justice, Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services, James McHenry, Kevin K. McAleenan, Immigration and Customs Enforcement, Executive Office for Immigration Review, John P. Sanders (jjbS, COURT STAFF) (Filed on 8/30/2019)	Aug. 30, 2019	Aug. 30, 2019 PACER
	*** Attorney Mary Catherine Bauer terminated. 92 NOTICE of Change In Counsel. (jmlS, COURT STAFF) (Filed on 11/15/2019)	Nov. 15, 2019	Nov. 15, 2019 PACER
	Electronic filing error. No title Page. Exhibits e-filed separately and not as an attachment, require a title page. Please refer to Civil Local Rules 3-4 re first page requirement . Please re-file in its entirety. Re: 97 Exhibits filed by J.S.M., et al. (jmlS, COURT STAFF) (Filed on 10/16/2020)	Oct. 16, 2020	Oct. 16, 2020 PACER
100	Declaration of Shalyn Fluharty in Support of 96 First MOTION to Stay filed byJ.S.M., et al.. (Related document(s) 96 ) (Ogata, Jonathan) (Filed on 10/19/2020) (Entered: 10/19/2020)	Oct. 19, 2020	Oct. 19, 2020 PACER
101	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15089940.) filed by J.S.M., et al.. (Siegler, Adam) (Filed on 10/20/2020) (Entered: 10/20/2020)	Oct. 20, 2020	Oct. 20, 2020 PACER
102	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15089991.) filed by J.S.M., et al.. (Siegler, Adam) (Filed on 10/20/2020) (Entered: 10/20/2020)	Oct. 20, 2020	Oct. 20, 2020 PACER
103	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15090384.) filed by J.S.M., et al.. (Copeland, Gregory) (Filed on 10/20/2020) (Entered: 10/20/2020)	Oct. 20, 2020	Oct. 20, 2020 PACER
104	Order by Judge Jon S. Tigar granting 101 Motion for Pro Hac Vice as to Steve Barringer.(mllS, COURT STAFF) (Filed on 10/21/2020) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
105	Order by Judge Jon S. Tigar granting 102 Motion for Pro Hac Vice as to Caroline Heller.(mllS, COURT STAFF) (Filed on 10/21/2020) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
106	Order by Judge Jon S. Tigar granting 103 Motion for Pro Hac Vice as to Gregory Copeland.(mllS, COURT STAFF) (Filed on 10/21/2020) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
107	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15095668.) filed by J.S.M., et al.. (Gillman, Sarah) (Filed on 10/21/2020) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
108	CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 10/29/2020 09:30 AM in Videoconference Only before Judge Jon S. Tigar. 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/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be ident ified by the court as making an appearance or will be participating in the argument at the hearing. One list of names and emails of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than October 28, 2020 by Noon.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/., Set/Reset Deadlines as to 98 Temporar y Restraining Order,, Set Deadlines/Hearings,, Terminate Motions,. Motion Hearing set for 10/29/2020 09:30 AM in Videoconference Only before Judge Jon S. Tigar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 10/22/2020) (Entered: 10/22/2020)	Oct. 22, 2020	Oct. 22, 2020 PACER
109	Order by Judge Jon S. Tigar granting 107 Motion for Pro Hac Vice as to Sarah Gillman.(mllS, COURT STAFF) (Filed on 10/22/2020) (Entered: 10/22/2020)	Oct. 22, 2020	Oct. 22, 2020 PACER
110	OPPOSITION/RESPONSE (re 96 First MOTION to Stay, 95 First MOTION to Intervene MOTION for Order of Sale MOTION for Preliminary Injunction MOTION for Temporary Restraining Order ) filed byMatthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: # 1 Declaration Declaration of Jay Visconti, # 2 Appendix Appendix of Citations Not Available on Westlaw)(Reuveni, Erez) (Filed on 10/23/2020) (Entered: 10/23/2020)	Oct. 23, 2020	Oct. 23, 2020 PACER
111	AFFIDAVIT re 110 Opposition/Response to Motion,, (Corrected, with electronic signature) by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: # 1 Exhibit Exhibit to Declaration of Jay Visconti)(Reuveni, Erez) (Filed on 10/23/2020) (Entered: 10/23/2020)	Oct. 23, 2020	Oct. 23, 2020 PACER
112	REPLY (re 95 First MOTION to Intervene MOTION for Order of Sale MOTION for Preliminary Injunction MOTION for Temporary Restraining Order ) filed byJ.S.M., et al.. (Attachments: # 1 Declaration of Caroline Heller, # 2 Exhibit 5, # 3 Exhibit 6)(Ogata, Jonathan) (Filed on 10/26/2020) (Entered: 10/26/2020)	Oct. 26, 2020	Oct. 26, 2020 PACER
113	Minute Entry for proceedings held before Judge Jon S. Tigar: Motion Hearing held on 10/29/2020. re 95 First MOTION to Intervene MOTION for Order of Sale MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by J.S.M., et al. Hearing held via Zoom videoconference. Argument heard from both parties. The Court will make a determination as to whether it has the authority to extend the TRO. Motion taken under submission. Total Time in Court: 1 hour 16 minutes. Court Reporter: Diane Skillman. Plaintiff Attorney: Caroline J. Heller, Jon Ogata, Gregory Copeland, Sarah Gillman. Defendant Attorney: Erez R. Reuveni. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Date Filed: 10/29/2020) (Entered: 10/29/2020)	Oct. 29, 2020	Oct. 29, 2020 PACER
114	NOTICE of Filing of Transcript in M.M.V. v. Barr by J.S.M., et al. (Heller, Caroline) (Filed on 10/29/2020) Modified on 10/30/2020 (jmlS, COURT STAFF). (Entered: 10/29/2020)	Oct. 29, 2020	Oct. 29, 2020 PACER
115	NOTICE (re: extension of TRO by 1 week through November 6) by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice re 113 Motion Hearing,,,, Terminate Deadlines and Hearings,,, 98 Temporary Restraining Order,, Set Deadlines/Hearings,, Terminate Motions, (Reuveni, Erez) (Filed on 10/29/2020) Modified on 10/30/2020 (jmlS, COURT STAFF). (Entered: 10/29/2020)	Oct. 29, 2020	Oct. 29, 2020 PACER
116	ORDER EXTENDING TEMPORARY RESTRAINING ORDER re 98 Temporary Restraining Order. Signed by Judge Jon S. Tigar on October 29, 2020. (mllS, COURT STAFF) (Filed on 10/29/2020) (Entered: 10/29/2020)	Oct. 29, 2020	Oct. 29, 2020 PACER
117	TRANSCRIPT ORDER for proceedings held on 10/29/20 before Judge Jon S. Tigar by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, for Court Reporter Diane Skillman. (Reuveni, Erez) (Filed on 10/30/2020) (Entered: 10/30/2020)	Oct. 30, 2020	Oct. 30, 2020 PACER
118	Letter from Proposed Plaintiff-Intervenors regarding Reply in Further Support of Motion to Intervene. (Heller, Caroline) (Filed on 11/2/2020) (Entered: 11/02/2020)	Nov. 2, 2020	Nov. 2, 2020 PACER
119	RESPONSE re 118 Letter (in opposition to request for clarification) by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Reuveni, Erez) (Filed on 11/2/2020) (Entered: 11/02/2020)	Nov. 2, 2020	Nov. 2, 2020 PACER
120	ORDER REGARDING MOTION BRIEFING re 118 Letter filed by J.S.M., et al.. Signed by Judge Jon S. Tigar on November 4, 2020. (mllS, COURT STAFF) (Filed on 11/4/2020) (Entered: 11/04/2020)	Nov. 4, 2020	Nov. 4, 2020 PACER
121	NOTICE of Supplemental Authority by J.S.M., et al. (Attachments: # 1 Exhibit A-Kiakombua et al v. Wolf et al)(Heller, Caroline) (Filed on 11/4/2020) Modified on 11/5/2020 (jmlS, COURT STAFF). (Entered: 11/04/2020)	Nov. 4, 2020	Nov. 4, 2020 PACER
122	RESPONSE re 121 Notice (Other) by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Reuveni, Erez) (Filed on 11/5/2020) (Entered: 11/05/2020)	Nov. 5, 2020	Nov. 5, 2020 PACER
123	Order by Judge Jon S. Tigar denying 95 Motion to Intervene; denying 95 Motion for Preliminary Injunction.(mllS, COURT STAFF) (Filed on 11/10/2020) (Entered: 11/10/2020)	Nov. 10, 2020	Nov. 10, 2020 PACER
124	NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by J.S.M., et al.. Appeal of Order on Motion to Intervene, Order on Motion for Preliminary Injunction 123 (Appeal fee of $505 receipt number 0971-15179645 paid.) (Heller, Caroline) (Filed on 11/11/2020) (Entered: 11/11/2020)	Nov. 11, 2020	Nov. 11, 2020 PACER
125	USCA Case Number 20-17204 Ninth Circuit Court of Appeals for 124 Notice of Appeal, filed by J.S.M., et al. (cjlS, COURT STAFF) (Filed on 11/12/2020) (Entered: 11/12/2020)	Nov. 12, 2020	Nov. 12, 2020 PACER
126	TRANSCRIPT ORDER for proceedings held on 10/29/2020 before Judge Jon S. Tigar by J.S.M., et al., for Court Reporter Diane Skillman. (Ogata, Jonathan) (Filed on 11/16/2020) (Entered: 11/16/2020)	Nov. 16, 2020	Nov. 16, 2020 PACER
127	ORDER of USCA as to 124 Notice of Appeal, filed by J.S.M., et al. (jmlS, COURT STAFF) (Filed on 11/21/2020) (Entered: 11/23/2020)	Nov. 21, 2020	Nov. 21, 2020 PACER
128	Transcript of Proceedings held on October 29, 2020, before Judge Jon S. Tigar. Court Reporter Diane E. Skillman, telephone number 925-899-2912, Diane_Skillman@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 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 126 Transcript Order ) Release of Transcript Restriction set for 3/1/2021. (Related documents(s) 126 ) (Skillman, Diane) (Filed on 11/30/2020) (Entered: 11/30/2020)	Nov. 30, 2020	Nov. 30, 2020 PACER
	***Motions terminated: 96 First MOTION to Stay filed by J.S.M., et al.. (mllS, COURT STAFF) (Filed on 11/30/2020)	Nov. 30, 2020	Nov. 30, 2020 PACER
1	COMPLAINT For Declaratory and Injunctive Relief, Adminstrative Procedure Act Case against All Defendants, (Filing Fee: $402.00, receipt number 0971-15348321). Filed by Catholic Legal Immigration Network, Inc., Dolores Street Community Services, Inc., Capital Area Immigrants' Rights Coalition, Pangea Legal Services. (Attachments: # 1 Civil Cover Sheet)(Igra, Naomi) (Filed on 12/21/2020) Modified on 12/21/2020 (tnS, COURT STAFF). (Entered: 12/21/2020) 1 Civil Cover Sheet View on PACER	Dec. 21, 2020	Dec. 21, 2020 Clearinghouse
2	Proposed Summons. (Igra, Naomi) (Filed on 12/21/2020) (Entered: 12/21/2020)	Dec. 21, 2020	Dec. 21, 2020 PACER
3	Corporate Disclosure Statement by Pangea Legal Services And Certification of Interested Entities or Persons (Igra, Naomi) (Filed on 12/21/2020) (Entered: 12/21/2020)	Dec. 21, 2020	Dec. 21, 2020 PACER
4	Corporate Disclosure Statement by Dolores Street Community Services, Inc. And Certification of Interested Entities or Persons (Igra, Naomi) (Filed on 12/21/2020) (Entered: 12/21/2020)	Dec. 21, 2020	Dec. 21, 2020 PACER
5	Corporate Disclosure Statement by Catholic Legal Immigration Network, Inc. And Certification of Interested Entities or Persons (Igra, Naomi) (Filed on 12/21/2020) (Entered: 12/21/2020)	Dec. 21, 2020	Dec. 21, 2020 PACER
6	Corporate Disclosure Statement by Capital Area Immigrants' Rights Coalition And Certification of Interested Entities or Persons (Igra, Naomi) (Filed on 12/21/2020) (Entered: 12/21/2020)	Dec. 21, 2020	Dec. 21, 2020 PACER

Case: Pangea Legal Services v. U.S. Department of Homeland Security

3:20-cv-09253 | U.S. District Court for the Northern District of California

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