Case: Connecticut v. Department of Homeland Security

3:19-cv-01597 | U.S. District Court for the District of Connecticut

Filed Date: Oct. 10, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case regarding the Department of Homeland Security’s (DHS) interpretation of the Pardon Waiver Clause of the Immigration and Nationality Act (INA)(8 U.S.C. §1227). The clause provided that that a noncitizen will not be deportable for certain criminal convictions “if [the noncitizen] . . . has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.” Connecticut granted pardons via a Board of Pardons and Paroles…

This is a case regarding the Department of Homeland Security’s (DHS) interpretation of the Pardon Waiver Clause of the Immigration and Nationality Act (INA)(8 U.S.C. §1227). The clause provided that that a noncitizen will not be deportable for certain criminal convictions “if [the noncitizen] . . . has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.”

Connecticut granted pardons via a Board of Pardons and Paroles rather than through an action of the Governor. In the summer of 2018, DHS interpreted the Pardon Waiver Clause of the INA to mean that Connecticut’s system of granting pardons did not waive a person’s deportability even if they were granted a pardon by the board. This re-interpretation resulted in DHS arresting and detaining some noncitizens who had received a Connecticut pardon. Connecticut filed suit on October 10, 2018, in the U.S. District Court for the District of Connecticut. Connecticut claimed DHS’s interpretation singled out the state for unfair treatment and violated its interest in being treated with equal sovereignty to the other states by showing no need to single out the state. Connecticut argued the DHS interpretation and the department’s pattern and practice of rejecting Connecticut pardons: 1) was not in accordance with the Administrative Procedure Act (APA) or with years of precedent; 2) violated the APA as the change was arbitrary and capricious; 3) violated the Tenth Amendment of the constitution by attempting to control how the state exercised its pardoning power; and 4) violated Connecticut’s constitutional right to equal sovereignty. Connecticut sought declaratory relief stating that the DHS’s practice violated the APA, and injunctive relief prohibiting DHS from interfering with Connecticut’s pardon system. Judge Vanessa Bryant was assigned the case.

The government moved to dismiss on January 27, 2020, arguing that the state failed to allege any injury fairly traceable to DHS’s interpretation of the clause, and that even if an injury did exist, Connecticut failed to plead sufficient facts upon which relief could be granted because it did not challenge a reviewable final agency action under the APA. Connecticut responded by filing an amended complaint with more particularized facts on March 18, 2020. The government moved to dismiss the amended complaint on May 18, 2020, for reasons similar to the previous motion to dismiss.

On August 6, 2020, the parties jointly moved to allow Connecticut to respond to the government’s second motion to dismiss in a joint status report. The report was filed on August 31, 2020 and indicated the parties were attempting a good-faith effort to settle the issues without further litigation. Meanwhile, on September 3, Judge Bryant denied the first of the government’s motions to dismiss as moot.

The parties filed a notice of Settlement in Principle on September 24, 2020, in which they agreed that a resolution of Connecticut’s claims had been reached. Judge Bryant ordered the case dismissed without prejudice the following day. However, DHS never provided a formal approval of the settlement.

On March 23, 2021, DHS posted online that the agency would honor Connecticut pardons, but maintained that its prior position—that noncitizens could be deported despite receiving a Connecticut pardon—was a reasonable interpretation of the governing statute. DHS’s statement indicated that the agency could adopt the prior interpretation again in the future because no formal settlement was ever approved that would resolve the issue. As such, Connecticut filed to have the case reopened on March 25, 2021. The court granted this on April 8, finding that while the case had supposedly settled in principle, the issue of DHS’s interpretation of the pardon clause of the INA and whether it was reasonable remained contested; the issue raised by Connecticut was thus still ripe. Connecticut filed a response to the government’s second motion to dismiss on April 22, 2021.

The case remains open.

Summary Authors

John Duffield (8/2/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16319811/parties/connecticut-v-us-department-of-homeland-security/


Judge(s)

Bryant, Vanessa Lynne (Connecticut)

Attorneys(s) for Plaintiff

Avery, Vanessa Roberts (Connecticut)

Chapple, Margaret Quilter (Connecticut)

Perry, Joshua (Connecticut)

Tong, William (Connecticut)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Clark, Jeffrey Bossert (District of Columbia)

Davis, Ethan P. (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Larson, John W (Connecticut)

Judge(s)

Bryant, Vanessa Lynne (Connecticut)

Attorneys(s) for Plaintiff

Avery, Vanessa Roberts (Connecticut)

Chapple, Margaret Quilter (Connecticut)

Perry, Joshua (Connecticut)

Tong, William (Connecticut)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Clark, Jeffrey Bossert (District of Columbia)

Davis, Ethan P. (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Larson, John W (Connecticut)

Peachey, William Charles (District of Columbia)

Silvis, William C. (District of Columbia)

Steinhart, Eric Conrad (District of Columbia)

York, Thomas Benton (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

June 22, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

Oct. 10, 2019 Complaint
19

First Amended Complaint for Declaratory and Injunctive Relief

March 18, 2020 Complaint
24

Defendants' Motion to Dismiss Plaintiff's Complaint

May 18, 2020 Pleading / Motion / Brief
32

Joint Status Report

Aug. 31, 2020 Pleading / Motion / Brief
34

Joint Notice of Settlement and Motion to Continue

Sept. 24, 2020 Pleading / Motion / Brief

DHS Statement on Treatment of a Full and Unconditional Pardon Issued Under the Law and Process Currently in Place in Connecticut as Effective for Purposes of the INA § 237(a)(2)(A)(vi) Pardon Waiver Clause and 8 C.F.R. § 316.10(c)(2)

No Court

March 23, 2021 Other
42

Report of Parties' Rule 26(f) Planning Meeting

April 22, 2021 Pleading / Motion / Brief

Resources

Title Description External URL

DHS Statement on Treatment of a Full and Unconditional Pardon Issued Under the Law and Process Currently in Place in Connecticut as Effective for Purposes of the INA § 237(a)(2)(A)(vi) Pardon Waiver Clause and 8 C.F.R. § 316.10(c)(2)

Department of Homeland Security

Section 237(a)(2)(A)(vi) of the Immigration and Nationality Act (INA) provides that a noncitizen will not be deportable for certain criminal convictions “if [the noncitizen] . . . has been granted a … March 23, 2021 https://www.dhs.gov/news/2021/03/23/dhs-statement-connecticut-pardons-and-immigration

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16319811/connecticut-v-us-department-of-homeland-security/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-5480134.), filed by State of Connecticut. (Attachments: # 1 Exhibit Attachment 1 BIA decision, # 2 Exhibit Attchment 2 USCIS letter, # 3 Exhibit Attachment 3 DOJ letter)(Chapple, Margaret) (Entered: 10/10/2019)

1 Exhibit Attachment 1 BIA decision

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2 Exhibit Attchment 2 USCIS letter

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3 Exhibit Attachment 3 DOJ letter

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Oct. 10, 2019 RECAP

Request to Issue Summons

Oct. 10, 2019 PACER

Request for Clerk to issue summons as to All Defendants. (Chapple, Margaret)

Oct. 10, 2019 PACER
2

NOTICE of Appearance by Vanessa Roberts Avery on behalf of State of Connecticut (Avery, Vanessa) (Entered: 10/10/2019)

Oct. 10, 2019 PACER

Judge Vanessa L. Bryant added. (Anastasio, F.)

Oct. 10, 2019 PACER
3

Order on Pretrial Deadlines: Amended Pleadings due by 12/9/2019; Discovery due by 4/10/2020; Dispositive Motions due by 5/15/2020. Signed by Clerk on 10/10/2019. (Velez, F.) (Entered: 10/11/2019)

Oct. 10, 2019 PACER
4

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 10/10/2019. (Velez, F.) (Entered: 10/11/2019)

Oct. 10, 2019 PACER
5

STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 10/10/2019. (Velez, F.) (Entered: 10/11/2019)

Oct. 10, 2019 RECAP
6

ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 10/10/2019. (Velez, F.) (Entered: 10/11/2019)

Oct. 10, 2019 PACER
7

NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES: Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 2 Notice of Appearance filed by State of Connecticut, 1 Complaint, filed by State of Connecticut, 4 Electronic Filing Order, 5 Standing Protective Order, 3 Order on Pretrial Deadlines, 6 Order Re: Chambers Practices. Signed by Clerk on 10/11/2019. (Velez, F.) (Entered: 10/11/2019)

Oct. 11, 2019 PACER

Add and Terminate Judges

Oct. 11, 2019 PACER
8

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Matthew T. Albence, William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Kevin McAleenan, James Mchenry, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration & Customs Enforcement* with answer to complaint due within *60* days. Attorney *Margaret Q. Chapple* *Attorney General's Office, Employment Rights* *55 Elm St., PO Box 120* *Hartford, CT 06141-0120*. (Velez, F.) (Entered: 10/11/2019)

Oct. 11, 2019 RECAP
9

NOTICE of Appearance by Joshua Perry on behalf of State of Connecticut (Perry, Joshua) (Entered: 11/06/2019)

Nov. 6, 2019 PACER
10

AFFIDAVIT of Service for Complaint served on All defendants and U.S. attorney on 10/28, filed by State of Connecticut. (Perry, Joshua) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
11

NOTICE of Appearance by Thomas Benton York on behalf of Matthew T. Albence, William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Kevin McAleenan, James Mchenry, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration & Customs Enforcement (York, Thomas) (Entered: 12/10/2019)

Dec. 10, 2019 PACER
12

Consent MOTION for Extension of Time until 1/27/2020for Defendants' Responsive Pleading by Matthew T. Albence, William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Kevin McAleenan, James Mchenry, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration & Customs Enforcement. (York, Thomas) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
13

ORDER granting 12 Motion for Extension of Time until 1/27/2020 for Defendants' Responsive Pleading. Signed by Judge Vanessa L. Bryant on 12/23/2019. (Nault, James) (Entered: 12/23/2019)

Dec. 23, 2019 PACER

Order on Motion for Extension of Time

Dec. 23, 2019 PACER

Answer deadline to 1/27/2020 per Dkt. 13 Order. (Shafer, J.)

Dec. 23, 2019 PACER

Update Answer Deadline

Dec. 26, 2019 PACER
14

MOTION to Dismiss by Matthew T. Albence, William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Kevin McAleenan, James Mchenry, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration & Customs Enforcement.Responses due by 2/17/2020 (Attachments: # 1 Memorandum in Support of Motion to Dismiss)(York, Thomas) (Entered: 01/27/2020)

1 Memorandum in Support of Motion to Dismiss

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Jan. 27, 2020 RECAP
15

EXHIBIT in Support of Defendants' Motion to Dismiss by Matthew T. Albence, William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Kevin McAleenan, James Mchenry, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration & Customs Enforcement re 14 MOTION to Dismiss . (Attachments: # 1 Exhibit A -- Murphy (BIA 2002), # 2 Exhibit B -- Walton (BIA 2019))(York, Thomas) (Entered: 01/27/2020)

Jan. 27, 2020 PACER
16

NOTICE of Appearance by John W. Larson on behalf of Matthew T. Albence, William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Kevin McAleenan, James Mchenry, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration & Customs Enforcement (Larson, John) (Entered: 01/28/2020)

Jan. 28, 2020 PACER
17

First MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss until 3/18/20 by State of Connecticut. (Perry, Joshua) (Entered: 02/14/2020)

Feb. 14, 2020 PACER

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

Feb. 14, 2020 PACER
18

ORDER granting 17 Motion for Extension of Time to File Response/Reply re 14 MOTION to Dismiss. Responses due by 3/18/2020. Signed by Judge Vanessa L. Bryant on 02/14/2020. (Nault, James) (Entered: 02/14/2020)

Feb. 14, 2020 PACER
19

AMENDED COMPLAINT against All Defendants, filed by State of Connecticut.(Perry, Joshua) (Entered: 03/18/2020)

March 18, 2020 RECAP

Request to Issue Summons

March 18, 2020 PACER

Request for Clerk to issue summons as to US Department of State. (Perry, Joshua)

March 18, 2020 PACER

Request for Clerk to issue summons as to Michael R. Pompeo. (Perry, Joshua)

March 18, 2020 PACER
20

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *US Department of State* with answer to complaint due within *60* days. Attorney *Joshua Perry* *Connecticut Office of the Attorney General* *55 Elm Street* *Hartford, CT 06106*. (Shafer, J.) (Entered: 03/19/2020)

March 19, 2020 PACER
21

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Michael R. Pompeo* with answer to complaint due within *60* days. Attorney *Joshua Perry* *Connecticut Office of the Attorney General* *55 Elm Street* *Hartford, CT 06106*. (Shafer, J.) (Entered: 03/19/2020)

March 19, 2020 RECAP
22

MOTION for Extension of Time until May 18, 2020for DHS and Sec. Wolf's Response to Plaintiff's Amended Complaint by Matthew T. Albence, William P. Barr, Kenneth T. Cuccinelli, US Department of State, Executive Office for Immigration Review, Kevin McAleenan, James Mchenry, Michael R. Pompeo, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration & Customs Enforcement, Chad Wolf. (York, Thomas) (Entered: 03/27/2020)

March 27, 2020 PACER
23

ORDER granting Defendants' 22 Consent Motion for Extension of Time until 05/18/2020 for DHS and Sec. Wolf's Response to Plaintiff's Amended Complaint. Signed by Judge Vanessa L. Bryant on 03/28/2020. (Nault, James) (Entered: 03/28/2020)

March 28, 2020 PACER

Order on Motion for Extension of Time

March 28, 2020 PACER

Answer deadline updated for U.S. Department of Homeland Security and Chad Wolf to 5/18/2020 per Dkt. 23. (Shafer, J.)

March 28, 2020 PACER

Update Answer Deadline

March 30, 2020 PACER
24

MOTION to Dismiss Plaintiff's First Amended Complaint by Matthew T. Albence, William P. Barr, Kenneth T. Cuccinelli, US Department of State, Executive Office for Immigration Review, Kevin McAleenan, James Mchenry, Michael R. Pompeo, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration & Customs Enforcement, Chad Wolf.Responses due by 6/8/2020 (Attachments: # 1 Memorandum in Support of Motion to Dismiss)(York, Thomas) (Entered: 05/18/2020)

1 Memorandum in Support of Motion to Dismiss

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May 18, 2020 RECAP
25

EXHIBIT in Support of Defendants' Motion to Dismiss Plaintiff's First Amended Complaint by US Department of State, Michael R. Pompeo, U.S. Department of Homeland Security, Chad Wolf re 24 MOTION to Dismiss Plaintiff's First Amended Complaint. (Attachments: # 1 Exhibit A -- Walton (2020), # 2 Exhibit B -- Dus Declaration)(York, Thomas) (Entered: 05/19/2020)

May 19, 2020 PACER
26

Consent MOTION for Extension of Time until 7/8/20 Response to Motion to Dismiss by State of Connecticut. (Perry, Joshua) (Entered: 06/01/2020)

June 1, 2020 RECAP
27

ORDER granting 26 Consent Motion for Extension of Time to Respond to 24 Motion to Dismiss until 7/8/2020. Signed by Judge Vanessa L. Bryant on 06/02/2020. (Nault, James) (Entered: 06/02/2020)

June 2, 2020 PACER

Reset deadline as to 24 MOTION to Dismiss Plaintiff's Complaint: response is now due by 7/8/2020 per Dkt. 27. (Shafer, J.)

June 2, 2020 PACER

Order on Motion for Extension of Time

June 2, 2020 PACER

Set Motion and Rcmd Ruling Deadlines/Hearings

June 2, 2020 PACER
28

Joint MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Dismiss Plaintiff's First Amended Complaint until 8/7/2020 by US Department of State, Michael R. Pompeo, U.S. Department of Homeland Security, Chad Wolf. (York, Thomas) (Entered: 07/02/2020)

July 2, 2020 PACER
29

ORDER granting the Parties' Joint 28 Motion for Extension of Time to File Response/Reply re 24 MOTION to Dismiss Plaintiff's First Amended Complaint until 8/7/2020. Response due by 8/7/2020. Signed by Judge Vanessa L. Bryant on 7/3/2020. (Nault, James) (Entered: 07/03/2020)

July 3, 2020 PACER

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

July 3, 2020 PACER
30

Joint MOTION to Continue the Deadline for Plaintiff to File its Opposition Brief by Matthew T. Albence, William P. Barr, Kenneth T. Cuccinelli, US Department of State, Executive Office for Immigration Review, Kevin McAleenan, James Mchenry, Michael R. Pompeo, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration & Customs Enforcement, Chad Wolf. (York, Thomas) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
31

ORDER granting the Parties' 30 Joint Motion to Continue Plaintiff's response to Defendants' 24 Motion to Dismiss, with a Joint Status Report to be filed on or before 8/31/2020. Signed by Judge Vanessa L. Bryant on 8/6/2020. (Nault, James) (Entered: 08/06/2020)

Aug. 6, 2020 PACER

Set deadline: Joint Status Report due by 8/31/2020 per Dkt. 31 Order. (Shafer, J.)

Aug. 6, 2020 PACER

Order on Motion to Continue

Aug. 6, 2020 PACER

Set Deadlines/Hearings

Aug. 6, 2020 PACER
32

Joint STATUS REPORT by US Department of State, Michael R. Pompeo, U.S. Department of Homeland Security, Chad Wolf. (York, Thomas) (Entered: 08/31/2020)

Aug. 31, 2020 RECAP
33

ORDER denying Defendants' 14 Motion to Dismiss Plaintiff's 1 Original Complaint as moot in light of Plaintiff's follow-on, timely 19 Amended Complaint and Defendants' 24 Motion to Dismiss same. Signed by Judge Vanessa L. Bryant on 9/3/2020. (Nault, James) (Entered: 09/03/2020)

Sept. 3, 2020 PACER

Order on Motion to Dismiss

Sept. 3, 2020 PACER
34

NOTICE of Settlement in Principle and Joint Motion to Continue by US Department of State, Michael R. Pompeo, U.S. Department of Homeland Security, Chad Wolf (York, Thomas) (Entered: 09/24/2020)

Sept. 24, 2020 RECAP
35

ORDER DISMISSING CASE as settled. The parties have reported that this case has settled in principle pending approval of the settlement agreement. Rather than continue to keep the case open on the docket, the Clerk is directed to terminate this file without prejudice to reopening on or before 3/25/2021. If the parties wish to file a stipulation of dismissal (for approval by the Court or simply for inclusion in the Court's file), they may do so on or before 3/25/2021. The date set forth in this order may be extended for good cause in accordance with Local Rule 7(b). Signed by Judge Vanessa L. Bryant on 9/25/2020. (Nault, James) (Entered: 09/25/2020)

Sept. 25, 2020 PACER
36

ORDER denying 24 Motion to Dismiss as moot in light of the Court's Dkt. 35 Order Dismissing Case without prejudice. Signed by Judge Vanessa L. Bryant on 9/25/2020. (Nault, James) (Entered: 09/25/2020)

Sept. 25, 2020 PACER

JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Shafer, J.)

Sept. 25, 2020 PACER

Order Dismissing Case

Sept. 25, 2020 PACER

Order on Motion to Dismiss

Sept. 25, 2020 PACER

Judicial Evaluation Program Survey

Sept. 25, 2020 PACER
37

MOTION to Reopen Case by State of Connecticut.Responses due by 4/15/2021 (Attachments: # 1 Exhibit Exhibit A -- DHS Statement, # 2 Exhibit Exhibit B -- Kimanie Graham)(Perry, Joshua) (Entered: 03/25/2021)

1 Exhibit Exhibit A -- DHS Statement

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2 Exhibit Exhibit B -- Kimanie Graham

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March 25, 2021 PACER
38

Memorandum in Opposition to Defendant's Motion to Dismiss, ECF No. 24 re 37 MOTION to Reopen Case filed by State of Connecticut. (Attachments: # 1 Exhibit Exhibit A - Graham Pardon, # 2 Exhibit Exhibit B -- Kimanie Graham, # 3 Exhibit Exhibit C - DHS Statement)(Perry, Joshua) (Entered: 03/25/2021)

1 Exhibit Exhibit A - Graham Pardon

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2 Exhibit Exhibit B -- Kimanie Graham

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3 Exhibit Exhibit C - DHS Statement

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March 25, 2021 PACER
39

MOTION for Clarification Regarding Briefing Schedule by US Department of State, Michael R. Pompeo, U.S. Department of Homeland Security, Chad Wolf. (Attachments: # 1 Exhibit A -- 4/7/21 Email)(York, Thomas) (Entered: 04/07/2021)

April 7, 2021 PACER
40

ORDER granting Plaintiff's 37 Motion to Reopen Case and granting Defendants' 39 Motion for Clarification through clarification of the Parties' briefing schedule. The case is being reopened because the case, though reported settled in principle, did not settle as DHS maintains "the INA ยง 237(a)(2)(A)(vi) pardon waiver clause may reasonably be interpreted to either include or exclude such a pardon." Thus the issue raised by Plaintff appears ripe and not moot. D. Conn. L. Civ. R. 7(a)(4) ("the Court may rule on a motion before expiration of the period ordinarily permitted for filing opposition papers."). Defendants' 24 Motion to Dismiss is hereby reinstated. "Reply memoranda are not required and the absence of a reply memorandum will not prejudice the moving party. Any reply memorandum... must be filed within fourteen (14) days of the filing of the responsive memorandum to which reply is being made, as computed under Fed.R.Civ.P. 6. A reply memorandum may not exceed 10 pages." D. Conn. L. Civ. R. 7(d). Should Defendants desire to file a Reply Brief to their 24 Motion to Dismiss, which is not required, they may do so by 4/22/2021, as Plaintiff's 38 Opposition to Defendants' 24 Motion to Dismiss did not become effective until today. Signed by Judge Vanessa L. Bryant on 4/8/2021. (Nault, James) (Entered: 04/08/2021)

April 8, 2021 PACER
41

ORDER: It is hereby ordered that the Parties must file on or before 4/22/2021: (1) a written statement signed by all counsel of record demonstrating that this case is exempt from the requirement of filing a form 26(f) report; or (2) a form 26(f) report. Signed by Judge Vanessa L. Bryant on 4/8/2021. (Nault, James) (Entered: 04/08/2021)

April 8, 2021 PACER

Set deadline: Rule 26 Meeting Report due by 4/22/2021 per Dkt. 41 Order. (Shafer, J.)

April 8, 2021 PACER

Order on Motion for Clarification AND Order on Motion to Reopen Case

April 8, 2021 PACER

Order

April 8, 2021 PACER

Set Deadlines/Hearings

April 8, 2021 PACER
42

Joint REPORT of Rule 26(f) Planning Meeting. (Perry, Joshua) (Entered: 04/22/2021)

April 22, 2021 RECAP
43

REPLY to Response to 24 MOTION to Dismiss Plaintiff's First Amended Complaint filed by US Department of State, Michael R. Pompeo, U.S. Department of Homeland Security, Chad Wolf. (Attachments: # 1 Exhibit A -- Thompson BIA Decision, # 2 Exhibit B -- Luangpraeseuth Joint Motion, # 3 Exhibit C -- Nikiforides Govt Brief)(York, Thomas) (Entered: 04/22/2021)

April 22, 2021 PACER
44

MOTION for Leave to File Sur-Reply to Plaintiff's Response by State of Connecticut. (Attachments: # 1 Supplement Sur-Reply)(Perry, Joshua) (Entered: 04/26/2021)

April 26, 2021 PACER
45

RESPONSE re 44 MOTION for Leave to File Sur-Reply to Plaintiff's Response filed by U.S. Department of Homeland Security, Alejandro Mayorkas. (York, Thomas) (Entered: 04/27/2021)

April 27, 2021 PACER
46

NOTICE of Appearance by Eric Conrad Steinhart on behalf of Matthew T. Albence, William P. Barr, Kenneth T. Cuccinelli, US Department of State, Executive Office for Immigration Review, Alejandro Mayorkas, Kevin McAleenan, James Mchenry, Michael R. Pompeo, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration & Customs Enforcement, Chad Wolf (Steinhart, Eric) (Entered: 06/22/2021)

June 22, 2021 PACER
47

ORDER granting 44 Motion for Leave to File within 14 days of this order. Signed by Judge Vanessa L. Bryant on 9-28-21. (Bryant, Vanessa) (Entered: 09/28/2021)

Sept. 28, 2021 PACER

Order on Motion for Leave to File

Sept. 28, 2021 PACER
48

REPLY to Response to 24 MOTION to Dismiss Plaintiff's First Amended Complaint Sur-Reply by Leave of the Court filed by State of Connecticut. (Perry, Joshua) (Entered: 09/29/2021)

Sept. 29, 2021 PACER
49

Consent MOTION for Benton York to Withdraw as Attorney for Defendants by US Department of State, Alejandro Mayorkas, U.S. Department of Homeland Security, Antony Blinken. (York, Benton) (Entered: 09/30/2021)

Sept. 30, 2021 PACER
50

ORDER granting Defendants' 49 Consent Motion for Attorney Benton York to Withdraw, as Defendants are represented by other counsel. See D. Conn. L. Civ. R. 7(e). Attorney Benton York terminated. Signed by Judge Vanessa L. Bryant on 10/1/2021. (Nault, James) (Entered: 10/01/2021)

Oct. 1, 2021 PACER

Order on Motion to Withdraw as Attorney

Oct. 1, 2021 PACER
51

ORDER: The Court has evaluated the Parties' 42 Joint Rule 26(f) Report and sets the following case management deadlines. As a preliminary matter, the Court expects to rule on Defendants' pending 24 Motion to Dismiss in the coming weeks. Discovery will proceed on the topics identified by Plaintiff in the Rule 26(f) Report and shall be completed by 3/1/2022. The Court will refer the Parties to a Magistrate Judge for a Settlement Conference to occur in the month of April 2022. Dispositive motions are due by 6/1/2022. If no dispositive motions are filed, the joint trial memorandum ("JTM") is due by 7/1/2022, and a bench trial will take place in the month of August 2022 in Courtroom Two, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. If dispositive motions are filed, the JTM is due by 3/1/2023, and a bench trial will take place in the month of April 2023 in Courtroom Two, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. Counsel shall be prepared to present evidence on any day during the month that the bench trial is scheduled to take place. The parties are directed to closely follow Chambers' Practices 6 --including the deadlines and format of filings--when completing and filing the JTM, which shall be accompanied by the motions in limine. All evidentiary objections raised in the JTM must be the subject of a motion in limine and supported by applicable Second Circuit precedent. The Parties' exhibit binders and electronic exhibits, as well as any courtroom technology requests, must be submitted no later than two weeks before the month of trial. The Court also requests that any courtesy copies sent to Chambers be printed from the docket and contain the header of the Court's electronic filing system. Signed by Judge Vanessa L. Bryant on 12/1/2021. (Nault, James) (Entered: 12/01/2021)

Dec. 1, 2021 PACER
52

ORDER: The Clerk is directed to refer the Parties to a Magistrate Judge for a settlement conference to occur in April 2022. Signed by Judge Vanessa L. Bryant on 12/1/2021. (Nault, James) (Entered: 12/01/2021)

Dec. 1, 2021 PACER

Set Deadlines/Hearings per Dkt. 51 Order: Dispositive Motions due by 6-1-2022; Joint Trial Memorandum due by 7-1-2022/3-1-2023; Bench Trial set for August 2022/April 2023. (Shafer, J.)

Dec. 1, 2021 PACER
53

ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a settlement conference to occur in April 2022. Signed by Judge Vanessa L. Bryant on 12-1-2021. (Shafer, J.) (Entered: 12/01/2021)

Dec. 1, 2021 PACER

Order

Dec. 1, 2021 PACER

Set Deadlines/Hearings

Dec. 1, 2021 PACER

Order Referring Case to Magistrate Judge

Dec. 1, 2021 PACER
54

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A Telephonic Pre-Settlement Conference is set for 12/16/2021 at 10:30 AM before Judge Robert M. Spector. A date for the settlement conference will be set during the telephone call. As the Court requires parties or their representatives with settlement authority to attend (in-person or by remote means) the settlement conference, counsel should obtain dates of unavailability from their clients over the next 90 days and have their own calendars available to aid in the scheduling. During the telephone call, counsel should be prepared to discuss what information needs to be exchanged and anything else that needs to be accomplished prior to the settlement conference for the discussions to be productive. Please use the following dial-in for this call: (877) 873-8017; Access Code: 7040261. (Kim, Jiwon) (Entered: 12/02/2021)

Dec. 2, 2021 PACER

Calendar Entry

Dec. 2, 2021 PACER
55

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 12/16/2021 at 10:30AM The Telephonic Pre-Settlement Conference is reset for 12/16/2021 at 03:30 PM before Judge Robert M. Spector. Please refer to the original calendar notice (see Doc. No. 54) for instructions. (Kim, Jiwon) (Entered: 12/09/2021)

Dec. 9, 2021 PACER

Calendar Entry

Dec. 9, 2021 PACER
56

Minute Entry for proceedings held before Judge Robert M. Spector: Telephonic Pre-Settlement Conference held on 12/16/2021. 15 minutes (Kim, Jiwon) (Entered: 12/16/2021)

Dec. 16, 2021 PACER
57

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. During the telephonic pre-settlement conference (Doc. No 56 ), the parties expressed their interests regarding a settlement conference in February 2022, rather than April 2022. As such, a Settlement Conference via Zoom is set for 2/10/2022 at 10:00 AM before Judge Robert M. Spector. (Kim, Jiwon) (Entered: 12/16/2021)

Dec. 16, 2021 PACER
58

ORDER: A Settlement Conference is scheduled in this case for February 10, 2022 at 10:00AM. Please see the attached Settlement Conference Order for detailed instructions and deadlines. Signed by Judge Robert M. Spector on 12/16/2021.(Kim, Jiwon) (Entered: 12/16/2021)

Dec. 16, 2021 PACER

Pretrial Conference

Dec. 16, 2021 PACER

Calendar Entry

Dec. 16, 2021 PACER
59

NOTICE of Appearance by Inez M. Diaz Galloza on behalf of State of Connecticut (Diaz Galloza, Inez) (Entered: 12/17/2021)

Dec. 17, 2021 PACER
60

Joint MOTION for Extension of Time until May 11, 2022of Deadline to complete discovery by US Department of State, Michael R. Pompeo, U.S. Department of Homeland Security, Chad Wolf. (Attachments: # 1 Text of Proposed Order)(Steinhart, Eric) (Entered: 01/05/2022)

Jan. 5, 2022 PACER

State / Territory: Connecticut

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 10, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is the State of Connecticut

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security (Washington D.C.), Federal

U.S. Department of Homeland Security (Washington D.C.), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Pattern or Practice

Type of Facility:

Government-run

Immigration/Border:

Deportation - criteria