Case: Immigration Equality v. U.S. Department of Homeland Security

3:20-cv-09258 | 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, nonprofit organizations that serve LGBTQIA+/H individuals filed this lawsuit against the United States Department of Homeland Security (DHS) in the U.S. District Court of the Northern District of California. Plaintiffs alleged that DHS was acting contrary to legal precedent on the issue of refugee policy, the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA), and the U.S. Constitution when enacting new rules regarding asylum eligibility. Plainti…

On December 21, 2020, nonprofit organizations that serve LGBTQIA+/H individuals filed this lawsuit against the United States Department of Homeland Security (DHS) in the U.S. District Court of the Northern District of California. Plaintiffs alleged that DHS was acting contrary to legal precedent on the issue of refugee policy, the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA), and the U.S. Constitution when enacting new rules regarding asylum eligibility. Plaintiffs asserted that changes to asylum rules included denying the ability for people to claim persecution on the basis of gender or interpersonal animus, which would disproportionately harm LGBTQIA+/H persons, frustrate the plaintiff organizations’ missions, and divert the plaintiff organizations’ resources toward litigation. Represented by Lambda Legal, Immigration Equality, and Kramer Levin, plaintiffs sought to vacate the rules as well as attorneys’ fees. Plaintiffs argued that the rules set forth by DHS exceeded the latter’s statutory authority, were arbitrary and capricious, and procedurally ignored public comments and the interests of other parties, all in violation of the APA. Plaintiffs additionally alleged violations of asylum seekers’ due process. Moreover, plaintiffs claimed that the rules were invalid because the Acting Secretary of Homeland Security, Chad Wolf, was without official authority. Judge Jeffrey S. White was assigned to the case.

On December 23, 2020, the court sua sponte moved to refer this case to Judge James Donato, who was assigned Pangea Legal Services v. DHS in the same district court. On December 29, 2020, following Judge Donato’s determination that the two cases were related, the case was re-assigned to him.

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 risk of irreparable harm without 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.

Related Cases

Pangea Legal Services v. U.S. Department of Homeland Security, Northern District of California (2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/18763645/parties/immigration-equality-v-us-department-of-homeland-security/


Judge(s)

Donato, James (California)

Attorneys(s) for Plaintiff

Crawford, Bridget A (New York)

Frankel, Aaron M (New York)

Gonzalez-Pagan, Omar (New York)

Manes, Austin W (California)

Mechanick, Chase Henry (New York)

Moff, Jason Michael (New York)

Pizer, Jennifer Carol (California)

Saenz, Richard (New York)

Trachtman, Jeffery S (New York)

Judge(s)

Donato, James (California)

Attorneys(s) for Plaintiff

Crawford, Bridget A (New York)

Frankel, Aaron M (New York)

Gonzalez-Pagan, Omar (New York)

Manes, Austin W (California)

Mechanick, Chase Henry (New York)

Moff, Jason Michael (New York)

Pizer, Jennifer Carol (California)

Saenz, Richard (New York)

Trachtman, Jeffery S (New York)

Attorneys(s) for Defendant

Flentje, August E. (District of Columbia)

Greer, Christina P. (District of Columbia)

Other Attorney(s)

Dundas, Michael Joseph (California)

Kingsolver, Justin (District of Columbia)

Krumplitsch, Susan Marie (California)

Malouff, Marissa (California)

Morrison, Danielle Therease (Pennsylvania)

Scordino, Ellen (Massachusetts)

Stortz, Michael James (California)

Zirkelbach, Gail Debra (California)

Documents in the Clearinghouse

Document

3:20-cv-09258

3:20-cv-09253

Docket [PACER]

Feb. 2, 2021

Feb. 2, 2021

Docket
1 & 1-1

3:20-cv-09258

Complaint for Declaratory and Injunctive Relief

Immigrant Equality v. U.S. Department of Homeland Security

Dec. 21, 2020

Dec. 21, 2020

Complaint
55

3:20-cv-09258

3:20-cv-09253

Order Re Preliminary Injunction

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

512 F.Supp.3d 966, 2020 WL 75756

Jan. 8, 2021

Jan. 8, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18763645/immigration-equality-v-us-department-of-homeland-security/

Last updated Aug. 7, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
10

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15350621.) filed by Black LGBTQIA Migrant Project, Immigration Equality, Oasis Legal Services, The Translatin@ Coalition, Transgender Law Center. (Crawford, Bridget) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
9

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15350531.) filed by Black LGBTQIA Migrant Project, Immigration Equality, Oasis Legal Services, The Translatin@ Coalition, Transgender Law Center. (Saenz, Richard) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
8

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15350150.) filed by Black LGBTQIA Migrant Project, Immigration Equality, Oasis Legal Services, The Translatin@ Coalition, Transgender Law Center. (Gonzalez-Pagan, Omar) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
7

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/24/2021. Initial Case Management Conference set for 3/31/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
6

Summons Issued as to William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Pete Gaynor, James McHenry, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Dept. of Justice, Chad F. Wolf. (cjlS, COURT STAFF) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
5

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Black LGBTQIA Migrant Project, Immigration Equality, Oasis Legal Services, The Translatin@ Coalition, Transgender Law Center.. (Manes, Austin) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
4

Case assigned to Magistrate Judge Donna M. Ryu. 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. Consent/Declination due by 1/4/2021. (haS, COURT STAFF) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
3

Rule 7.1 Disclosures by Black LGBTQIA Migrant Project, Immigration Equality, Oasis Legal Services, The Translatin@ Coalition, Transgender Law Center (Manes, Austin) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
2

Proposed Summons. (Manes, Austin) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 402, receipt number 0971-15349007.). Filed byThe Translatin@ Coalition, Oasis Legal Services, Black LGBTQIA Migrant Project, Immigration Equality, Transgender Law Center. (Attachments: # 1 Civil Cover Sheet)(Manes, Austin) (Filed on 12/21/2020) (Entered: 12/21/2020)

1 Civil Cover Sheet

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Dec. 21, 2020

Dec. 21, 2020

PACER

~Util - Case Assigned by Intake

Dec. 21, 2020

Dec. 21, 2020

PACER
14

Consent ADMINISTRATIVE MOTION Exceed the Page Limit for Plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction, and Stay Under 5 U.S.C. § 705 re 13 MOTION for Temporary Restraining Order Preliminary Injunction, and Stay Under 5 U.S.C. § 705 Unopposed filed by Black LGBTQIA Migrant Project, Immigration Equality, Oasis Legal Services, The Translatin@ Coalition, Transgender Law Center. Responses due by 12/28/2020. (Attachments: # 1 Declaration Declaration of Jennifer C. Pizer in Support of Immigration Equality's Unopposed Administrative Motion to Exceed Pages, # 2 Proposed Order [Proposed] Order Granting Plaintiffs' Unopposed Administrative Motion to Exceed Page Limit, # 3 Certificate/Proof of Service Proof of Service)(Manes, Austin) (Filed on 12/22/2020) (Entered: 12/22/2020)

1 Declaration Declaration of Jennifer C. Pizer in Support of Immigration Equality&

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2 Proposed Order [Proposed] Order Granting Plaintiffs' Unopposed Administrati

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3 Certificate/Proof of Service Proof of Service

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Dec. 22, 2020

Dec. 22, 2020

PACER
13

MOTION for Temporary Restraining Order Preliminary Injunction, and Stay Under 5 U.S.C. § 705 filed by Black LGBTQIA Migrant Project, Immigration Equality, Oasis Legal Services, The Translatin@ Coalition, Transgender Law Center. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion, # 2 Declaration Declaration of Jennifer C. Pizer in Support of Plaintiffs' Motion for Temporary Restraining Order, # 3 Declaration Declaration of Chase Mechanick in Support of Plaintiff's Motion for Temporary Restraining Order, # 4 Exhibit Exhibit A to Mechanick Declaration, # 5 Exhibit Exhibit B to Mechanick Declaration, # 6 Exhibit Exhibit C to Mechanick Declaration, # 7 Exhibit Exhibit D to Mechanick Declaration, # 8 Exhibit Exhibit E to Mechanick Declaration, # 9 Exhibit Exhibit F to Mechanick Declaration, # 10 Exhibit Exhibit G to Mechanick Declaration, # 11 Exhibit Exhibit H to Mechanick Declaration, # 12 Exhibit Exhibit I to Mechanick Declaration, # 13 Exhibit Exhibit J to Mechanick Declaration, # 14 Exhibit Exhibit K to Mechanick Declaration, # 15 Exhibit Exhibit L to Mechanick Declaration, # 16 Exhibit Exhibit M to Mechanick Declaration, # 17 Declaration Declaration of Aaron Morris in Support of Plaintiffs' Motion for Temporary Restraining Order, # 18 Declaration Declaration of Bamby Salceda in Support of Plaintiffs' Motion for Temporary Restraining Order, # 19 Declaration Declaration of Madison Blu Fairchild in Support of Plaintiffs' Motion for Temporary Restraining Order, # 20 Declaration Declaration of Caroline Kornfield Roberts in Support of Plaintiffs' Motion for Temporary Restraining Order, # 21 Declaration Declaration of Meghan D. Maurus in Support of Plaintiffs' Motion for Temporary Restraining Order, # 22 Declaration Declaration of Ola Osaze in Support of Plaintiffs' Motion for Temporary Restraining Order, # 23 Proposed Order [Proposed] Order To Show Cuase Why a TRO Should Not Issue, # 24 Certificate/Proof of Service Proof of Service)(Manes, Austin) (Filed on 12/22/2020) (Entered: 12/22/2020)

1 Memorandum of Points and Authorities in Support of Motion

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2 Declaration Declaration of Jennifer C. Pizer in Support of Plaintiffs' Moti

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3 Declaration Declaration of Chase Mechanick in Support of Plaintiff's Motion

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4 Exhibit Exhibit A to Mechanick Declaration

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5 Exhibit Exhibit B to Mechanick Declaration

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6 Exhibit Exhibit C to Mechanick Declaration

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7 Exhibit Exhibit D to Mechanick Declaration

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8 Exhibit Exhibit E to Mechanick Declaration

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9 Exhibit Exhibit F to Mechanick Declaration

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10 Exhibit Exhibit G to Mechanick Declaration

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11 Exhibit Exhibit H to Mechanick Declaration

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12 Exhibit Exhibit I to Mechanick Declaration

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13 Exhibit Exhibit J to Mechanick Declaration

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14 Exhibit Exhibit K to Mechanick Declaration

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15 Exhibit Exhibit L to Mechanick Declaration

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16 Exhibit Exhibit M to Mechanick Declaration

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17 Declaration Declaration of Aaron Morris in Support of Plaintiffs' Motion fo

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18 Declaration Declaration of Bamby Salceda in Support of Plaintiffs' Motion f

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19 Declaration Declaration of Madison Blu Fairchild in Support of Plaintiffs'

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20 Declaration Declaration of Caroline Kornfield Roberts in Support of Plaintiffs&#

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21 Declaration Declaration of Meghan D. Maurus in Support of Plaintiffs' Motio

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22 Declaration Declaration of Ola Osaze in Support of Plaintiffs' Motion for T

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23 Proposed Order [Proposed] Order To Show Cuase Why a TRO Should Not Issue

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24 Certificate/Proof of Service Proof of Service

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Dec. 22, 2020

Dec. 22, 2020

RECAP
12

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 12/22/2020) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
11

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

Clerk's Notice of Impending Reassignment - Text Only

Dec. 22, 2020

Dec. 22, 2020

PACER
18

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

Dec. 23, 2020

Dec. 23, 2020

RECAP
17

MOTION for leave to appear in Pro Hac Vice for Aaron M. Frankel ( Filing fee $ 317, receipt number 0971-15360784.) filed by Black LGBTQIA Migrant Project, Immigration Equality, Oasis Legal Services, The Translatin@ Coalition, Transgender Law Center. (Frankel, Aaron) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
16

ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE as to 13 MOTION for Temporary Restraining Order Preliminary Injunction, and Stay Under 5 U.S.C. § 705. Signed by Judge Jeffrey S. White on 12/23/20. Responses due by 12/31/2020. Replies due by 1/5/2021. Motion Hearing set for 1/8/2021 09:00 AM in Oakland, - Videoconference Only before Judge Jeffrey S. White.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/jsw Court Appearances: Advanced notice is required of counsel who wish to be i dentified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jswcrd@cand.uscourts.gov no later than January 4, 2021 by 12:00 pm.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/. (jjoS, COURT STAFF) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

RECAP
15

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 12/23/2020. (Attachments: # 1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 12/23/2020) (Entered: 12/23/2020)

1 Notice of Eligibility for Video Recording

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Dec. 23, 2020

Dec. 23, 2020

PACER
22

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 Proposed Order)(Malouff, Marissa) (Filed on 12/29/2020) (Entered: 12/29/2020)

1 Exhibit Exhibit A - Proposed Amicus Brief

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2 Proposed Order Proposed Order

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Dec. 29, 2020

Dec. 29, 2020

PACER
21

ORDER REASSIGNING CASE. Case reassigned to Judge James Donato for all further proceedings. Judge Jeffrey S. White no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 12/29/2020. (Attachments: # 1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 12/29/2020) (Entered: 12/29/2020)

1 Notice of Eligibility for Video Recording

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Dec. 29, 2020

Dec. 29, 2020

PACER
20

ORDER. On this one occasion, the Court will permit plaintiffs to file an over-sized brief. See Dkt. No. 14 . Defendants have a reciprocal 53 pages if necessary for their opposition brief. No additional pages are granted for plaintiffs' reply brief. The Court emphasizes to all parties that these page-limit extensions are a one-time accommodation, and any future requests for extra pages are unlikely to be granted. A hearing on the temporary restraining order (TRO) application, Dkt. No. 13, is tentatively set for January 7, 2021, at 10:00 a.m. California time, at the same time as the TRO application in Pangea, Case No. 20-cv-9253, subject to possible resolution of the application on the papers without a hearing. All other briefing deadlines remain unchanged. Signed by Judge James Donato on 12/29/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 12/29/2020) Modified on 12/29/2020 (jdlc1S, COURT STAFF). (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
19

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

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

Dec. 29, 2020

Dec. 29, 2020

PACER

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

Dec. 29, 2020

Dec. 29, 2020

PACER

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

Dec. 29, 2020

Dec. 29, 2020

PACER
28

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
27

Renotice motion hearing re 13 MOTION for Temporary Restraining Order Preliminary Injunction, and Stay Under 5 U.S.C. § 705 filed byBlack LGBTQIA Migrant Project, Immigration Equality, Oasis Legal Services, The Translatin@ Coalition, Transgender Law Center. (Related document(s) 13 ) (Manes, Austin) (Filed on 12/30/2020) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
26

MOTION for leave to appear in Pro Hac Vice Application for Admission of Attorney Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15381471.) filed by Black LGBTQIA Migrant Project, Immigration Equality, Oasis Legal Services. (Moff, Jason) (Filed on 12/30/2020) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
25

MOTION for leave to appear in Pro Hac Vice Application for Admission of Attorney Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15381436.) filed by Black LGBTQIA Migrant Project, Immigration Equality, Oasis Legal Services. (Trachtman, Jeffrey) (Filed on 12/30/2020) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
24

MOTION for leave to appear in Pro Hac Vice Application for Admission of Attorney Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15381388.) filed by Black LGBTQIA Migrant Project, Immigration Equality, Oasis Legal Services. (Mechanick, Chase) (Filed on 12/30/2020) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
23

MOTION to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Preliminary Injunction, Temporary Restraining Order, and Stay filed by State of California. Responses due by 1/12/2021. Replies due by 1/19/2021. (Attachments: # 1 Exhibit Ex. A - Proposed Amicus Brief, # 2 Proposed Order CORRECTION OF DOCKET # 22, [22-1], and [22-2])(Malouff, Marissa) (Filed on 12/30/2020) (Entered: 12/30/2020)

1 Exhibit Ex. A - Proposed Amicus Brief

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2 Proposed Order CORRECTION OF DOCKET # [22], [22-1], and [22-2]

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Dec. 30, 2020

Dec. 30, 2020

PACER
39

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
38

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
37

OPPOSITION/RESPONSE (re 13 MOTION for Temporary Restraining Order Preliminary Injunction, and Stay Under 5 U.S.C. § 705 ) filed byWilliam P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Pete Gaynor, James McHenry, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Dept. of Justice, 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

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2 Exhibit Blackwell Declaration

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3 Exhibit Swartz Declaration

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Dec. 31, 2020

Dec. 31, 2020

PACER
36

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

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2 Proposed Order

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Dec. 31, 2020

Dec. 31, 2020

PACER
35

MOTION to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Preliminary Injunction, Temporary Restraining Order, and Stay filed by AIDS United. Responses due by 1/14/2021. Replies due by 1/21/2021. (Attachments: # 1 Exhibit Proposed Amicus Curiae Brief of AIDS United in Support of Plaintiffs' Motion for Preliminary Injunction, Temporary Restraining Order, and Stay, # 2 Proposed Order)(Zirkelbach, Gail) (Filed on 12/31/2020) (Entered: 12/31/2020)

1 Exhibit Proposed Amicus Curiae Brief of AIDS United in Support of Plaintiffs

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2 Proposed Order

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Dec. 31, 2020

Dec. 31, 2020

PACER
34

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
33

NOTICE of Appearance by Gail Debra Zirkelbach as Counsel for Amicus Curiae AIDS United (Zirkelbach, Gail) (Filed on 12/31/2020) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

PACER
32

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15386197.) 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

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Dec. 31, 2020

Dec. 31, 2020

PACER
31

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15386134.) 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

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Dec. 31, 2020

Dec. 31, 2020

PACER
30

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 12/31/2020) (Entered: 12/31/2020)

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

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Dec. 31, 2020

Dec. 31, 2020

PACER
29

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 12/31/2020) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

PACER
45

ORDER by Judge James Donato granting 32 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
44

ORDER by Judge James Donato granting 31 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
43

ORDER by Judge James Donato granting 26 Motion for Pro Hac Vice as to Jason M. Moff. (lrcS, COURT STAFF) (Filed on 1/4/2021) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
42

ORDER by Judge James Donato granting 25 Motion for Pro Hac Vice as to Jeffrey S. Trachtman. (lrcS, COURT STAFF) (Filed on 1/4/2021) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
41

ORDER by Judge James Donato granting 24 Motion for Pro Hac Vice as to Chase Mechanick. (lrcS, COURT STAFF) (Filed on 1/4/2021) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
40

ORDER by Judge James Donato granting 17 Motion for Pro Hac Vice as to Aaron M. Frankel. (lrcS, COURT STAFF) (Filed on 1/4/2021) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

RECAP
52

REPLY (re 13 MOTION for Temporary Restraining Order Preliminary Injunction, and Stay Under 5 U.S.C. § 705 ) filed byBlack LGBTQIA Migrant Project, Immigration Equality, Oasis Legal Services, The Translatin@ Coalition, Transgender Law Center. (Pizer, Jennifer) (Filed on 1/5/2021) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
51

MOTION for leave to appear in Pro Hac Vice for Amicus Curiae Counsel Justin D. Kingsolver ( Filing fee $ 317, receipt number 0971-15401008.) filed by AIDS United. (Kingsolver, Justin) (Filed on 1/5/2021) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
50

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

Jan. 5, 2021

Jan. 5, 2021

PACER
49

ORDER by Judge James Donato granting 9 Motion for Pro Hac Vice as to Richard Saenz. (lrcS, COURT STAFF) (Filed on 1/5/2021) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
48

ORDER. The motion hearings in Case No. 20-cv-9253 and Case No. 20-cv-9258 set for January 7, 2021, at 10:00 a.m., will be held by Zoom Webinar. Each party should designate a lead counsel to speak at the hearing by emailing the name of their lead counsel to Judge Donato's Courtroom Deputy, Ms. Lisa Clark, at jdcrd@cand.uscourts.gov by January 6, 2021, at 10:00 a.m. California time. The names for lead counsel are needed so that Ms. Clark can identify them during the Zoom hearing when the case is called. All lead counsel must call in fifteen minutes before the hearing to test internet, video, and audio capabilities. All counsel, parties, members of the public, and press may join the webinar using the link or information below: https://cand-uscourts.zoomgov.com/j/1617171523?pwd=VWJqM2ZYT1UvNFZ0ZHNZUUhGWTBCZz09 Webinar ID: 161 717 1523 Password: 213597 Or iPhone one-tap : US: +16692545252,,1617171523#,,1#,213597# or +16468287666,,1617171523#,,1#,213597# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666PLEASE NOTE: Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). See General Order 58 at Paragraph III. Any recording of a court proceeding held by video or teleconference, including "screen-shots" or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. Please see https://www.cand.uscourts.gov/zoom for information on preparing for and participating in a Zoom Webinar. Signed by Judge James Donato on 1/5/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 1/5/2021) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
47

ORDER by Judge James Donato granting 8 Motion for Pro Hac Vice as Omar Gonzalez-Pagan. (lrcS, COURT STAFF) (Filed on 1/5/2021) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
46

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

Jan. 5, 2021

Jan. 5, 2021

PACER

Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Order

Jan. 5, 2021

Jan. 5, 2021

PACER

~Util - Teleconference Zoom AND Set Motion and Deadlines/Hearings AND Order

Jan. 5, 2021

Jan. 5, 2021

PACER

~Util - Teleconference Zoom AND Order AND Set Motion and Deadlines/Hearings

Jan. 5, 2021

Jan. 5, 2021

PACER
54

Minute Entry for proceedings held before Judge James Donato: Motion Hearing held on 1/7/2021. (jdlc1S, COURT STAFF) (Date Filed: 1/7/2021) (Entered: 01/08/2021)

Jan. 7, 2021

Jan. 7, 2021

RECAP
53

ORDER by Judge James Donato denying 51 Motion for Pro Hac Vice as to Justin D. Kingsolver. (lrcS, COURT STAFF) (Filed on 1/7/2021) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

RECAP
56

TRANSCRIPT ORDER for proceedings held on 01/07/2021 before Judge James Donato by Black LGBTQIA Migrant Project, Immigration Equality, Oasis Legal Services, The Translatin@ Coalition, Transgender Law Center, for Court Reporter Belle Ball. (Frankel, Aaron) (Filed on 1/8/2021) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER
55

ORDER RE PRELIMINARY INJUNCTION. Signed by Judge James Donato on 1/8/2021. (jdlc2S, COURT STAFF) (Filed on 1/8/2021) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

RECAP
57

Transcript of Proceedings held on January 7, 2021, before Judge James Donato. Court Reporter Belle Ball, CSR, telephone number (415)373-2529, belle_ball@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 (56 in 3:20-cv-09258-JD) Transcript Order, ) Release of Transcript Restriction set for 4/9/2021. (ballbb15S, COURT STAFF) (Filed on 1/9/2021) (Entered: 01/09/2021)

Jan. 9, 2021

Jan. 9, 2021

PACER

Remark: Received electronic copy of Administrative Record from the Executive Office for Immigration Review and the Department of Homeland Security. (wsnS, COURT STAFF) (Filed on 1/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
58

MOTION for leave to appear in Pro Hac Vice for Amicus Counsel (following Ms. Zirkelbach's Jan. 8 admission) ( Filing fee $ 317, receipt number 0971-15401008.) Filing fee previously paid on 01/05/2021 filed by AIDS United. (Kingsolver, Justin) (Filed on 1/15/2021) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER

Remark

Jan. 15, 2021

Jan. 15, 2021

PACER
59

ORDER by Judge James Donato granting 58 Motion for Pro Hac Vice as to Justin Kingsolver. (lrcS, COURT STAFF) (Filed on 1/19/2021) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
60

STIPULATION WITH PROPOSED ORDER to Hold Cases in Abeyance filed by William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Pete Gaynor, James McHenry, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Dept. of Justice, Chad F. Wolf. (Attachments: # 1 Proposed Order)(Greer, Christina) (Filed on 1/27/2021) (Entered: 01/27/2021)

1 Proposed Order

View on PACER

Jan. 27, 2021

Jan. 27, 2021

RECAP
61

ORDER. At the parties' joint request, Pangea Dkt. No. 75; Immigration Equality Dkt. No. 60, the cases are stayed pending further order. The parties will submit a joint status report by April 19, 2021, advising the Court of the status of the government's review of the regulation at issue in these cases, and of any relevant policy changes or other material developments. The request to file for reconsideration, Pangea Dkt. No. 74, is terminated without prejudice. Signed by Judge James Donato on 1/28/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 1/28/2021) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER

~Util - Terminate Motions AND Order

Jan. 28, 2021

Jan. 28, 2021

PACER

Order AND ~Util - Terminate Motions

Jan. 28, 2021

Jan. 28, 2021

PACER
62

CERTIFICATE OF SERVICE by Black LGBTQIA Migrant Project, Immigration Equality, Oasis Legal Services, The Translatin@ Coalition, Transgender Law Center re 1 Complaint, 6 Summons Issued as to USA, (Manes, Austin) (Filed on 2/2/2021) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
64

ORDER. At the parties' joint request, Pangea Dkt. No. 81; Immigration Equality Dkt. No. 63, the case will remain stayed pending further order. The parties will submit an updated joint status report by May 19, 2021, advising the Court of the status of the government's review of the regulation at issue in these cases, and of any relevant policy changes or other material developments. Signed by Judge James Donato on 4/19/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 4/19/2021) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
63

STATUS REPORT by William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Pete Gaynor, James McHenry, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Dept. of Justice, Chad F. Wolf. (Greer, Christina) (Filed on 4/19/2021) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER

Order

April 19, 2021

April 19, 2021

PACER
65

STATUS REPORT by William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Pete Gaynor, James McHenry, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Dept. of Justice, Chad F. Wolf. (Greer, Christina) (Filed on 5/19/2021) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
66

ORDER. A status conference is set for August 19, 2021, at 10:00 a.m. California time. Signed by Judge James Donato on 6/8/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 6/8/2021) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER

Order AND ~Util - Set Hearings

June 9, 2021

June 9, 2021

PACER

~Util - Set Hearings AND Order

June 9, 2021

June 9, 2021

PACER
67

Minute Entry for proceedings held before Judge James Donato: Status Conference held on 8/19/2021. (jdlc1S, COURT STAFF) (Date Filed: 8/20/2021) Modified on 8/24/2021: Matter transcribed by Peggy Schuerger (AdHoc Reporting). (rjdS, COURT STAFF). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
68

Transcript of Proceedings held on 08/19/2021, before Judge James Donato. Court Reporter/Transcriber Peggy Schuerger/Ad Hoc Reporting, telephone number (619) 228-3774/adhocreporting@aol.com. 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/Transcriber 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 (87 in 3:20-cv-09253-JD) Transcript Order, ) Redaction Request due 9/15/2021. Redacted Transcript Deadline set for 9/27/2021. Release of Transcript Restriction set for 11/23/2021. (pls, COURT STAFF) (Filed on 8/25/2021) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
69

STATUS REPORT by William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Pete Gaynor, James McHenry, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Dept. of Justice, Chad F. Wolf. (Greer, Christina) (Filed on 9/20/2021) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

RECAP
70

ORDER. In response to the joint status report, Dkt. No. 90, the parties may file a joint case management proposal by October 20, 2021. Signed by Judge James Donato on 9/21/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 9/21/2021) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER

Order

Sept. 21, 2021

Sept. 21, 2021

PACER
71

STATUS REPORT by William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Pete Gaynor, James McHenry, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Dept. of Justice, Chad F. Wolf. (Greer, Christina) (Filed on 10/20/2021) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

RECAP
72

ORDER. In response to the joint status report, Dkt. No. 71, the parties may file a joint case management proposal by January 31, 2022. The case is administratively closed pending further order. Signed by Judge James Donato on 10/21/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 10/21/2021) Modified on 10/21/2021 (jdlc1S, COURT STAFF). (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER

Order AND Terminate Civil Case

Oct. 21, 2021

Oct. 21, 2021

PACER
73

NOTICE of Change In Counsel by Austin W Manes (Manes, Austin) (Filed on 5/17/2022) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 21, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Nonprofit organizations that serve LGBTQIA+/H immigrant populations

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Lambda Legal

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