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

Case Ongoing

Clearinghouse coding complete

Case Summary

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 on behalf of refugees seeking to enter the United States for asylum. The plaintiffs alleged that DHS unlawfully changed the rules around asylum and thus restricted asylum eligibility by making it more difficult to meet the definition of a refugee, qualify for asylum review, and…

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 on behalf of refugees seeking to enter the United States for asylum. The plaintiffs alleged that DHS unlawfully changed the rules around asylum 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 the prevent implementation of the changed rules.

Specifically, the plaintiffs claimed that the rules upend precedent on refugee law and were contrary to the Immigration and Nationality Act. The plaintiffs stated that the actions of the administration were in violation of law because the Acting Secretary of Homeland Security, Chad Wolf, was without authority. The plaintiffs further alleged violations of the Administrative Procedure Act, stating that DHS acted in excess of authority because it was counter to the Immigration and Nationality Act as well as the Refugee Act, in an arbitrary and capricious way because it was hastily implemented and is inconsistent with decades of precedent, and without 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. Judge James Donato was assigned to the case.

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 administration to review and revise the refugee policy. That status report will be due on April 19, 2021. This case is ongoing

Related Cases

Immigration Equality v. U.S. Department of Homeland Security, Northern District of California (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18763207/parties/pangea-legal-services-v-us-department-of-homeland-security/


Judge(s)

Donato, James (California)

Attorneys(s) for Plaintiff

Ahmed, Sameer (California)

Albun, Zachary Abraham (Massachusetts)

Anker, Deborah E (Massachusetts)

Ardalan, Sabrineh (Massachusetts)

Axel, Douglas Aaron (California)

Bookey, Blaine (California)

Carrera, John Willshire (Massachusetts)

Crook, Jamie Lorraine (California)

Daher, Annie (California)

Judge(s)

Donato, James (California)

Attorneys(s) for Plaintiff

Ahmed, Sameer (California)

Albun, Zachary Abraham (Massachusetts)

Anker, Deborah E (Massachusetts)

Ardalan, Sabrineh (Massachusetts)

Axel, Douglas Aaron (California)

Bookey, Blaine (California)

Carrera, John Willshire (Massachusetts)

Crook, Jamie Lorraine (California)

Daher, Annie (California)

Earl, Brian C (New York)

Igra, Naomi Ariel (California)

Kelly, Nancy (Massachusetts)

Musalo, Karen (California)

Schwarz, Chaim Benzion (Massachusetts)

Willshire, John E. (Massachusetts)

Attorneys(s) for Defendant

Flentje, August E. (District of Columbia)

Greer, Christina P. (District of Columbia)

Other Attorney(s)

Dowlatshahi, Camron (California)

Dundas, Michael Joseph (California)

Krumplitsch, Susan Marie (California)

Malouff, Marissa (California)

Manes, August W (California)

Margulies, Peter (Rhode Island)

McNally, Laura K. (Illinois)

Morrison, Danielle Therease (Pennsylvania)

Nandi, Neil Gerard (Illinois)

Schulman, Steven H. (District of Columbia)

Scordino, Ellen (Massachusetts)

Stortz, Michael James (California)

Wadhia, Shoba Sivaprasad (Pennsylvania)

Documents in the Clearinghouse

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

512 F.Supp.3d 966, 2021 WL 75756

Jan. 8, 2021

Jan. 8, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18763207/pangea-legal-services-v-us-department-of-homeland-security/

Last updated May 29, 2022, 3:04 a.m.

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

PACER
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
7

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Capital Area Immigrants' Rights Coalition, Catholic Legal Immigration Network, Inc., Dolores Street Community Services, Inc., Pangea Legal Services.. (Igra, Naomi) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
8

NOTICE of Appearance by Steven Patrick Kelly (Kelly, Steven) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
9

NOTICE of Appearance by Douglas Aaron Axel (Axel, Douglas) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
10

MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15349212) filed by Capital Area Immigrants' Rights Coalition, Catholic Legal Immigration Network, Inc., Dolores Street Community Services, Inc., Pangea Legal Services. (Schwarz, Chaim) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
11

Case assigned to Judge James Donato. 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. (bwS, COURT STAFF) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
12

MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15349380) filed by Capital Area Immigrants' Rights Coalition, Catholic Legal Immigration Network, Inc., Dolores Street Community Services, Inc., Pangea Legal Services. (Earl, Brian) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
13

NOTICE of Appearance by Sameer Ahmed (Ahmed, Sameer) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
14

MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15349528) filed by Capital Area Immigrants' Rights Coalition, Catholic Legal Immigration Network, Inc., Dolores Street Community Services, Inc., Pangea Legal Services. (Ardalan, Sabrineh) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
15

MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15349587) filed by Capital Area Immigrants' Rights Coalition, Catholic Legal Immigration Network, Inc., Dolores Street Community Services, Inc., Pangea Legal Services. (Albun, Zachary) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
16

NOTICE of Appearance by Jamie Lorraine Crook (Crook, Jamie) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
17

NOTICE of Appearance by Karen Barbara Musalo (Musalo, Karen) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

RECAP
18

NOTICE of Appearance by Anne Pellegrom Daher (Daher, Anne) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
19

NOTICE of Appearance by Blaine Meredith Bookey (Bookey, Blaine) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
20

Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Joint Case Management Statement due by 3/18/2021. Initial Case Management Conference set for 3/25/2021 at 10:00 AM in San Francisco, Courtroom 11, 19th Floor. (tnS, COURT STAFF) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
21

Summons Issued as to Defendants William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, James McHenry, Mark A. Morgan, Tony H. Pham, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, Chad F. Wolf. (tnS, COURT STAFF) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER

~Util - Case Assigned by Intake

Dec. 21, 2020

Dec. 21, 2020

PACER
22

NOTICE of Appearance by Christina P Greer (Greer, Christina) (Filed on 12/22/2020) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
23

CERTIFICATE OF SERVICE by Capital Area Immigrants' Rights Coalition, Catholic Legal Immigration Network, Inc., Dolores Street Community Services, Inc., Pangea Legal Services re 21 Summons Issued, 1 Complaint, and Other New Case Documents (Igra, Naomi) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
24

ORDER DENYING MOTIONS TO RELATE (Illston, Susan) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

RECAP
25

SUA SPONTE REFERRAL ORDER. Signed by Judge Jeffrey S. White on 12/23/20. (jswlc4S, COURT STAFF) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

RECAP
26

UNOPPOSED MOTION for Leave to File Excess Pages filed by Capital Area Immigrants' Rights Coalition, Catholic Legal Immigration Network, Inc., Dolores Street Community Services, Inc., Pangea Legal Services. (Attachments: #(1) Declaration Of Naomi Igra In Support of Plaintiffs' Unopposed Motion to Enlarge Page Limit, #(2) [Proposed] Order)(Igra, Naomi) (Filed on 12/23/2020) (Entered: 12/23/2020)

1 Declaration Of Naomi Igra In Support of Plaintiffs' Unopposed Motion to Enl

View on PACER

2 Proposed Order

View on PACER

Dec. 23, 2020

Dec. 23, 2020

RECAP
27

MOTION for Temporary Restraining Order - Plaintiffs Notice of Motion and Motion for Preliminary Injunction, Temporary Restraining Order And Order To Show Cause; Memorandum of Points and Authorities In Support filed by Capital Area Immigrants' Rights Coalition, Catholic Legal Immigration Network, Inc., Dolores Street Community Services, Inc., Pangea Legal Services. (Attachments: # 1 Complaint, # 2 Declaration of Etan Newman, # 3 Declaration of Katherine Mahoney, # 4 Declaration of Victoria Neilson, # 5 Declaration of Adina Appelbaum, # 6 Declaration of Naomi A. Igra In Support of Plaintiffs Motion for a Temporary Restraining Order and Order to Show Cause with Exhibit 1-29, # 7 Proposed Order)(Igra, Naomi) (Filed on 12/23/2020) (Entered: 12/23/2020)

1 Complaint

View on PACER

2 Declaration of Etan Newman

View on PACER

3 Declaration of Katherine Mahoney

View on PACER

4 Declaration of Victoria Neilson

View on PACER

5 Declaration of Adina Appelbaum

View on PACER

6 Declaration of Naomi A. Igra In Support of Plaintiffs Motion for a Temporary Res

View on PACER

7 Proposed Order

View on PACER

Dec. 23, 2020

Dec. 23, 2020

RECAP
28

MOTION to Shorten Time Plaintiffs' Unoppsed Motion For An Order Entering Briefing Schedule and Setting Hearing Date filed by Capital Area Immigrants' Rights Coalition, Catholic Legal Immigration Network, Inc., Dolores Street Community Services, Inc., Pangea Legal Services. (Attachments: # 1 Declaration of Naomi A. Igra In Support of Plaintiffs' unopposed Motion For an Order Entering Briefing Schedule and Setting Hearing Date, # 2 Proposed Order)(Igra, Naomi) (Filed on 12/23/2020) (Entered: 12/23/2020)

1 Declaration of Naomi A. Igra In Support of Plaintiffs' unopposed Motion For

View on PACER

2 Proposed Order

View on PACER

Dec. 23, 2020

Dec. 23, 2020

PACER
29

ORDER. At the parties' joint request, Dkt. No. 28, defendants may file an opposition to the application for a temporary restraining order (TRO), Dkt. No. 27, by December 31, 2020. Plaintiffs may file a reply by January 5, 2021. A hearing on the TRO application is tentatively set for January 7, 2021, at 10:00 a.m. California time, subject to possible resolution of the application on the papers without a hearing. As a one-time accommodation, each side may use up to five additional pages for the opening and opposition briefs. No additional pages are granted for the reply. See Dkt. No. 26 . Signed by Judge James Donato on 12/23/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 12/24/2020) (Entered: 12/24/2020)

Dec. 24, 2020

Dec. 24, 2020

PACER

Set Motion and Deadlines/Hearings AND Order AND ~Util - Terminate Motions

Dec. 24, 2020

Dec. 24, 2020

PACER

~Util - Terminate Motions AND Set Motion and Deadlines/Hearings AND Order

Dec. 24, 2020

Dec. 24, 2020

PACER

Set Motion and Deadlines/Hearings AND ~Util - Terminate Motions AND Order

Dec. 24, 2020

Dec. 24, 2020

PACER

~Util - Terminate Motions AND Order AND Set Motion and Deadlines/Hearings

Dec. 24, 2020

Dec. 24, 2020

PACER
30

RESPONSE to re 25 Sua Sponte Referral Order filed by William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, James McHenry, Mark A. Morgan, Tony H. Pham, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, Chad F. Wolf. (Greer, Christina) (Filed on 12/28/2020) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

RECAP
31

RESPONSE TO DEFENDANTS SUBMISSION REGARDING RELATING CASES [Dkt. No. 30] re 30 Response filed by Immigration Equality. (Attachments: # 1 Exhibit Exhibit A to Plaintiffs' Immigration Equality's Response to Defendants' Submission Regarding Relating Cases [Dkt. No. 30])(Manes, Austin) (Filed on 12/28/2020) (Entered: 12/28/2020)

1 Exhibit Exhibit A to Plaintiffs' Immigration Equality's Response to De

View on PACER

Dec. 28, 2020

Dec. 28, 2020

PACER
32

ORDER RELATING CASE. Signed by Judge James Donato on 12/29/2020. (jdlc1S, COURT STAFF) (Filed on 12/29/2020) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
33

UNOPPOSED MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE STATES IN SUPPORT OF PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION, TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE - - Amicus Curiae APPEARANCE entered by Marissa Suzanne Malouff on behalf of State of California. (Attachments: #(1) Exhibit Exhibit A - Proposed Amicus Brief, #(2) Proposed Order)(Malouff, Marissa) (Filed on 12/29/2020) Modified on 12/29/2020 (tnS, COURT STAFF). (Entered: 12/29/2020)

1 Exhibit Exhibit A - Proposed Amicus Brief

View on PACER

2 Proposed Order

View on PACER

Dec. 29, 2020

Dec. 29, 2020

RECAP
34

NOTICE of Appearance by Camron Dowlatshahi as counsel for Amicus Curiae Immigration Law Professors (Dowlatshahi, Camron) (Filed on 12/29/2020) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
35

MOTION for leave to appear in Pro Hac Vice by Laura K. McNally, (Filing Fee: $317.00, receipt number 0971-15378146) filed by Immigration Law Professors. (Attachments: # 1 Certificate of Good Standing)(McNally, Laura) (Filed on 12/29/2020) (Entered: 12/29/2020)

1 Certificate of Good Standing

View on PACER

Dec. 29, 2020

Dec. 29, 2020

PACER
36

MOTION for leave to appear in Pro Hac Vice by Neil G. Nandi, (Filing Fee: $317.00, receipt number 0971-15378160) filed by Immigration Law Professors. (Attachments: # 1 Certificate of Good Standing)(Nandi, Neil) (Filed on 12/29/2020) (Entered: 12/29/2020)

1 Certificate of Good Standing

View on PACER

Dec. 29, 2020

Dec. 29, 2020

PACER
37

MOTION for leave to appear in Pro Hac Vice by Peter S. Margulies, (Filing Fee: $317.00, receipt number 0971-15378173) filed by Immigration Law Professors. (Attachments: #(1) Certificate of Good Standing)(Margulies, Peter) (Filed on 12/29/2020) (Entered: 12/29/2020)

1 Certificate of Good Standing

View on PACER

Dec. 29, 2020

Dec. 29, 2020

PACER
38

MOTION for leave to appear in Pro Hac Vice by Shoba Sivaprasad Wadhia, (Filing Fee: $317.00, receipt number 0971-15378199) filed by Immigration Law Professors. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate of Good Standing)(Wadhia, Shoba) (Filed on 12/29/2020) (Entered: 12/29/2020)

1 Certificate of Good Standing

View on PACER

2 Certificate of Good Standing

View on PACER

Dec. 29, 2020

Dec. 29, 2020

PACER
39

UNOPPOSED MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Temporary Restraining Order filed by Immigration Law Professors. Responses due by 1/12/2021. Replies due by 1/19/2021. (Attachments: # 1 Amicus Curiae Brief in Support of Plaintiffs' Motion for Temporary Restraining Order, # 2 Declaration of Cameron Dowlatshahi in Support of Unopposed Administrative Motion for Leave to File Amicus Curiae Brief, # 3 [Proposed] Order Granting Unopposed Administrative Motion for Leave to File Amicus Curiae Brief)(Dowlatshahi, Camron) (Filed on 12/29/2020) (Entered: 12/29/2020)

1 Amicus Curiae Brief in Support of Plaintiffs' Motion for Temporary Restrai

View on RECAP

2 Declaration of Cameron Dowlatshahi in Support of Unopposed Administrative Motio

View on RECAP

3 [Proposed] Order Granting Unopposed Administrative Motion for Leave to File Ami

View on PACER

Dec. 29, 2020

Dec. 29, 2020

RECAP
40

Amicus Curiae APPEARANCE entered by Michael James Stortz on behalf of Former Immigration Judges, Members of the Board of Immigration Appeals. (Stortz, Michael) (Filed on 12/30/2020) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
41

ADMINISTRATIVE MOTION For Leave to File an Amicus Brief filed by Former Immigration Judges, Members of the Board of Immigration Appeals. Responses due by 1/4/2021. (Attachments: # 1 Stipulation to Permit Filing of Amici Curiae; [Proposed] Order)(Stortz, Michael) (Filed on 12/30/2020) (Entered: 12/30/2020)

1 Stipulation to Permit Filing of Amici Curiae; [Proposed] Order

View on PACER

Dec. 30, 2020

Dec. 30, 2020

RECAP
42

MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15380535) filed by Former Immigration Judges, Members of the Board of Immigration Appeals. (Schulman, Steven) (Filed on 12/30/2020) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
43

Amicus Curiae APPEARANCE entered by Marissa Suzanne Malouff on behalf of State of California. (Malouff, Marissa) (Filed on 12/30/2020) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
44

MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15386235) filed by Kids in Need of Defense, Young Center for Immigrant Children's Rights. (Attachments: #(1) Certificate of Good Standing)(Scordino, Ellen) (Filed on 12/31/2020) (Entered: 12/31/2020)

1 Certificate of Good Standing

View on PACER

Dec. 31, 2020

Dec. 31, 2020

PACER
45

MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15386264) filed by Kids in Need of Defense, Young Center for Immigrant Children's Rights. (Attachments: # 1 Certificate of Good Standing)(Morrison, Danielle) (Filed on 12/31/2020) (Entered: 12/31/2020)

1 Certificate of Good Standing

View on PACER

Dec. 31, 2020

Dec. 31, 2020

PACER
46

NOTICE of Appearance by Michael Joseph Dundas on behalf of Amicus Curiae City of Los Angeles (Dundas, Michael) (Filed on 12/31/2020) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

PACER
47

ADMINISTRATIVE MOTION For Leave to File an Amicus Brief filed by City of Los Angeles. Responses due by 1/4/2021. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Dundas, Michael) (Filed on 12/31/2020) (Entered: 12/31/2020)

1 Proposed Amicus Brief

View on RECAP

2 Proposed Order

View on PACER

Dec. 31, 2020

Dec. 31, 2020

PACER
48

OPPOSITION/RESPONSE to (re 27 Plaintiffs Notice of Motion and Motion for Preliminary Injunction, Temporary Restraining Order And Order To Show Cause; Memorandum of Points and Authorities In Support) filed by William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, James McHenry, Mark A. Morgan, Tony H. Pham, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, Chad F. Wolf. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit Blackwell Declaration, # 3 Exhibit Swartz Declaration)(Greer, Christina) (Filed on 12/31/2020) (Entered: 12/31/2020)

1 Exhibit Index of Exhibits

View on PACER

2 Exhibit Blackwell Declaration

View on PACER

3 Exhibit Swartz Declaration

View on PACER

Dec. 31, 2020

Dec. 31, 2020

RECAP
49

Amicus Curiae APPEARANCE entered by Susan Marie Krumplitsch on behalf of Kids in Need of Defense, Young Center for Immigrant Children's Rights, Public Counsel. (Krumplitsch, Susan) (Filed on 12/31/2020) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

PACER
50

MOTION for Leave to File Brief of Amici Curiae filed by Kids in Need of Defense, Public Counsel, Young Center for Immigrant Children's Rights. (Krumplitsch, Susan) (Filed on 12/31/2020) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

PACER
51

ORDER by Judge James Donato granting 35 Motion for Pro Hac Vice as to Laura K. McNally. (lrcS, COURT STAFF) (Filed on 1/4/2021) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
52

ORDER by Judge James Donato granting 36 Motion for Pro Hac Vice as to Neil G. Nandi. (lrcS, COURT STAFF) (Filed on 1/4/2021) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
53

ORDER by Judge James Donato granting 37 Motion for Pro Hac Vice as to Peter S. Margolies. (lrcS, COURT STAFF) (Filed on 1/4/2021) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
54

ORDER by Judge James Donato granting 38 Motion for Pro Hac Vice as to Shoba Siviprasad Wadhia. (lrcS, COURT STAFF) (Filed on 1/4/2021) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
55

ORDER by Judge James Donato granting 42 Motion for Pro Hac Vice as to Steven H. Schulman. (lrcS, COURT STAFF) (Filed on 1/4/2021) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
56

ORDER by Judge James Donato granting 44 Motion for Pro Hac Vice as to Ellen Scordino. (lrcS, COURT STAFF) (Filed on 1/4/2021) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
57

ORDER by Judge James Donato granting 45 Motion for Pro Hac Vice as to Danielle Therease Morrison. (lrcS, COURT STAFF) (Filed on 1/4/2021) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
58

ORDER by Judge James Donato granting 10 Motion for Pro Hac Vice as to Chaim Benzion Schwarz. (lrcS, COURT STAFF) (Filed on 1/5/2021) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
59

NOTICE of Appearance by August Flentje (Flentje, August) (Filed on 1/5/2021) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
60

ORDER by Judge James Donato granting 12 Motion for Pro Hac Vice as to Brian C. Earl. (lrcS, COURT STAFF) (Filed on 1/5/2021) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
61

ORDER by Judge James Donato granting 14 Motion for Pro Hac Vice as to Sabrineh Ardalan. (lrcS, COURT STAFF) (Filed on 1/5/2021) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 21, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Organizations that provide a wide range of services to immigrants

Plaintiff Type(s):

Non-profit NON-religious organization

Non-profit religious organization

Public Interest Lawyer: Yes

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:

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Asylum - criteria

Refugees