Case: Florida v. U.S.A.

8:21-cv-00541 | U.S. District Court for the Middle District of Florida

Filed Date: March 8, 2021

Closed Date: Feb. 25, 2022

Clearinghouse coding complete

Case Summary

This is a case about President Biden’s Executive Order 13993, which revoked an Executive Order from the previous administration and prompted the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) to issue memoranda affecting the U.S. policy of deporting criminal non-citizens who were present in the United States before November 20, 2020. On March 8, 2021, the State of Florida filed this lawsuit in the U.S. District Court for the Middle District of Flor…

This is a case about President Biden’s Executive Order 13993, which revoked an Executive Order from the previous administration and prompted the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) to issue memoranda affecting the U.S. policy of deporting criminal non-citizens who were present in the United States before November 20, 2020. On March 8, 2021, the State of Florida filed this lawsuit in the U.S. District Court for the Middle District of Florida. Florida sued the United States of America, DHS, U.S. Customs and Border Protection (CBP), ICE, and U.S. Citizenship and Immigration Services under the Administrative Procedure Act (5 U.S.C. §§ 702–703), the Federal Tort Claims Act (28 U.S.C. § 1346), and the Immigration and Nationality Act (8 U.S.C. §§ 1226, 1231). Represented by the Office of the Florida Attorney General, the plaintiff sought injunctive and declaratory relief and attorneys’ fees. The state claimed that the Biden administration was attempting to shirk its non-discretionary duty to detain and remove criminal non-citizens under an interim policy during which DHS and ICE conducted a review of their policies and practices surrounding immigration and deportation. This case was assigned to Judge Charlene Edwards Honeywell.

The plaintiff moved for a preliminary injunction precluding the federal government from implementing and enforcing the interim immigration policies set forth in the memoranda from DHS and ICE on March 9, 2021. The court denied this motion on May 18, 2021, for two main reasons. First, the interim policies in the memos by the DHS and ICE were guidelines that prioritized certain enforcements rather than a prohibition of enforcement. The nature of these interim policies was not a “final agency action,” as evidenced by the additions to the policies from the memos and the ongoing input from ICE, CBP, and DHS. Second, the memo’s guidelines for the prioritization of immigration enforcement cases are not subject to judicial review. The plaintiff’s suit was predicated on the reviewability of the agency actions under the Administrative Procedure Act (APA), which the court determined to be an incorrect assumption.

The plaintiff appealed this decision to the U.S. Court of Appeals for the Eleventh Circuit on May 19, 2021. After that filing, the plaintiff moved on May 20 to stay the proceedings in the district court. The district court granted the stay four days later.

On September 30, 2021, DHS issued new Guidelines for the Enforcement of Civil Immigration Law, which went into effect on November 29, 2022. The new guidelines superseded the interim policy that required DHS and ICE to conduct a review of their policies and practices. Soon after the new guidelines went into effect, the plaintiff filed an unopposed motion for voluntary dismissal and vacatur with the Eleventh Circuit. The Eleventh Circuit dismissed the plaintiff’s appeal and vacated the district court’s order denying the preliminary injunction on December 14, 2021. 2021 WL 5910702. The Eleventh Circuit remanded the case to the district court, directing the district court to close the case.  

Following the appellate decision, the plaintiff filed a Motion for Clarification in the district court, arguing that further action was required because the appeal had been interlocutory, and a final judgment had not been issued in the case. The plaintiff thus asked the court to clarify whether the district court intended to sua sponte dismiss its complaint on mootness grounds. Following a hearing on this motion, the plaintiff filed a notice of voluntary dismissal on February 25, 2022, concluding that its challenge was moot because the policies at issue were no longer in effect. 

This case is closed. 

Summary Authors

Calvin Kim (9/30/2021)

Zoe Goldstein (4/7/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59714320/parties/state-of-florida-v-united-states-of-america/


Judge(s)

Flynn, Sean P. (Florida)

Honeywell, Charlene Vanessa Edwards (Florida)

Attorneys(s) for Plaintiff

Guard, John (Florida)

Hilborn, Jason H. (Florida)

Kamoutsas, Rachel (Florida)

Moody, Ashley (Florida)

Patel, Anita J (Florida)

Percival, James H. II (District of Columbia)

Attorneys(s) for Defendant

Cholera, Kuntal (District of Columbia)

Other Attorney(s)

Active

Judge(s)

Flynn, Sean P. (Florida)

Honeywell, Charlene Vanessa Edwards (Florida)

Attorneys(s) for Plaintiff

Guard, John (Florida)

Hilborn, Jason H. (Florida)

Kamoutsas, Rachel (Florida)

Moody, Ashley (Florida)

Patel, Anita J (Florida)

Percival, James H. II (District of Columbia)

Attorneys(s) for Defendant

Cholera, Kuntal (District of Columbia)

Other Attorney(s)

Dunn, Kristian E (Florida)

Kacou, Amien (Florida)

Zimolong, Walter S (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

State of Florida v. United States of America

June 22, 2021 Docket
1

Complaint for Declaratory Relief and Preliminary and Permanent Injunctive Relief

State of Florida v. The United States of America

March 8, 2021 Complaint
38

Order

State of Florida v. United States of America

2021 WL 1985058

May 18, 2021 Order/Opinion

USCA Opinion/Order

U. S. Court of Appeals for the Eleventh Circuit

2021 WL 5910702

Dec. 14, 2021 Order/Opinion
51

Notice of voluntary dismissal

Feb. 25, 2022 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59714320/state-of-florida-v-united-states-of-america/

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

ECF Number Description Date Link
1

COMPLAINT against Alejandro Mayorkas, Tae Johnson, United States of America, Tracy Renaud, Troy Miller, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement (Filing fee $ 402 receipt number 113A-17974414) filed by State of Florida. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Exhibit 1, January 20 Memo, # 4 Exhibit 2, February 18 Memo, # 5 Exhibit 3, 2017 Memo, # 6 Exhibit 4, 2014 Memo, # 7 Exhibit 5, Thomas Declaration w/ Attachments, # 8 Exhibit 6, Criminal Information)(Percival, James) Modified on 3/9/2021 (JLD). (Entered: 03/08/2021)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Exhibit 1, January 20 Memo

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4 Exhibit 2, February 18 Memo

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5 Exhibit 3, 2017 Memo

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6 Exhibit 4, 2014 Memo

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7 Exhibit 5, Thomas Declaration w/ Attachments

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8 Exhibit 6, Criminal Information

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March 8, 2021 Clearinghouse
2

NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Sean P. Flynn. New case number: 8:21-cv-0541-CEH-SPF. (SJB) (Entered: 03/09/2021)

March 9, 2021 PACER
3

SUMMONS issued as to Alejandro Mayorkas, Tae Johnson, The United States of America, Tracy Renaud, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement. (JLD) (Entered: 03/09/2021)

March 9, 2021 PACER
4

MOTION for Preliminary Injunction by State of Florida. (Attachments: # 1 Exhibit 1, Thomas Declaration w/ ICE Emails, # 2 Exhibit 2, Criminal Alien Information, # 3 Exhibit 3, January 20 Memo, # 4 Exhibit 4, February 18 Memo, # 5 Exhibit 5, 2017 Memo, # 6 Exhibit 6, 2014 Memo, # 7 Exhibit 7, Agreements w/ ICE, # 8 Exhibit 8, ICE Arrest Data, # 9 Exhibit 9, BOP Florida Data, # 10 Exhibit 10, Federal Alien Inmates Data, # 11 Exhibit 11, Recidivism Data, # 12 Exhibit 12, Crime Victim Expenditures, # 13 Exhibit 13, Ensley Declaration, # 14 Exhibit 14, Lloyd Declaration, # 15 Exhibit 15, Gourley Declaration, # 16 Exhibit 16, Pasco County Public Records, # 17 Exhibit 17, ICE's New Procedures, # 18 Exhibit 18, Homan Declaration, # 19 Text of Proposed Order)(Percival, James) (Entered: 03/09/2021)

1

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5

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6

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18

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March 9, 2021 RECAP
5

NOTICE to counsel Jason H. Hilborn of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system. (Signed by Deputy Clerk) (JLD) (Entered: 03/09/2021)

March 9, 2021 PACER
6

CORPORATE Disclosure Statement by State of Florida. (Patel, Anita) (Entered: 03/09/2021)

March 9, 2021 PACER
7

MOTION/REQUEST for oral argument re 4 MOTION for Preliminary Injunction by State of Florida. (Patel, Anita) Modified on 3/9/2021 (CTR). (Entered: 03/09/2021)

March 9, 2021 RECAP

Case Assigned/Reassigned

March 9, 2021 PACER

Notice to Counsel of Local Rule

March 9, 2021 PACER
8

NOTICE to Counsel of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (BGS) (Entered: 03/10/2021)

March 10, 2021 PACER
9

NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (BGS) (Entered: 03/10/2021)

March 10, 2021 PACER
10

NOTICE of Appearance by Kuntal V. Cholera on behalf of Alejandro Mayorkas, Tae Johnson, Tracy Renaud, Troy Miller, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States of America (Cholera, Kuntal) (Entered: 03/10/2021)

March 10, 2021 RECAP

Notice to Counsel of Local Rule

March 10, 2021 PACER
11

Consent MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Preliminary Injunction, Consent MOTION to File Excess Pages by All Defendants. (Cholera, Kuntal) Motions referred to Magistrate Judge Sean P. Flynn. (Entered: 03/11/2021)

March 11, 2021 PACER
12

ENDORSED ORDER granting 7 Motion for Hearing / Settlement Conference. Oral argument on the motion for preliminary injunction will be scheduled by separate notice. Signed by Judge Charlene Edwards Honeywell on 3/11/2021. (CEH) (Entered: 03/11/2021)

March 11, 2021 PACER
13

ENDORSED ORDER granting 11 Motion for Extension of Time to File Response / Reply ; granting 11 Motion to File Excess Pages. Defendants may file a response to the motion for preliminary injunction, which does not exceed twenty-five (25) pages, by March 23, 2021 or seven days before the oral argument, whichever is later. See Local Rule 6.02(c). Signed by Judge Charlene Edwards Honeywell on 3/11/2021. (CEH) (Entered: 03/11/2021)

March 11, 2021 PACER

Order on Motion for Hearing / Settlement Conference

March 11, 2021 PACER

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

March 11, 2021 PACER
14

MOTION for Walter S. Zimolong III to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17995637 for $150 by Advocates for Victims of Illegal Alien Crime. (Zimolong, Walter) Motions referred to Magistrate Judge Sean P. Flynn. (Entered: 03/12/2021)

March 12, 2021 PACER
15

ENDORSED ORDER granting 14 ENDORSED ORDER granting 14 Walter S. Zimolong's motion to appear pro hac vice. Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements. Signed by Magistrate Judge Sean P. Flynn on 3/12/2021. (DK) (Entered: 03/12/2021)

March 12, 2021 PACER

Order on Motion to Appear Pro Hac Vice

March 12, 2021 PACER
16

ORDERED: Plaintiff is directed to SHOW CAUSE as to why venue of this action is proper in the Middle District of Florida, Tampa Division, pursuant to 28 U.S.C. ยง 1391(e)(1). Plaintiff shall file a written response within FOURTEEN (14) DAYS from the date of this Order. Additionally, Plaintiff may file an Amended Complaint, which cures the deficiency as to venue, within FOURTEEN (14) DAYS from the date of this Order. Failure to respond to this Order within the time provided will result in this action being transferred to the Northern District of Florida, without further notice. Signed by Judge Charlene Edwards Honeywell on 3/15/2021. (CSS) (Entered: 03/15/2021)

March 15, 2021 PACER
17

RESPONSE TO ORDER TO SHOW CAUSE re 16 Order pdf filed by State of Florida. (Patel, Anita) (Entered: 03/16/2021)

March 16, 2021 RECAP
18

Unopposed MOTION for Leave to File Amicus Brief in Support of Plaintiff's Motion for a Preliminary Injunction by Immigration Reform Law Institute. (Attachments: # 1 Local Rule 3.01(g) Certification, # 2 Disclosure Statement, # 3 Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Injunction, # 4 Certificate of Service)(Dunn, Kristian) (Entered: 03/16/2021)

March 16, 2021 PACER
19

NOTICE by State of Florida of Service (Attachments: # 1 Exhibit A - USPS Certified Mail Receipts, # 2 Exhibit B - USPS Delivery Confirmations)(Patel, Anita) (Entered: 03/22/2021)

March 22, 2021 PACER
20

ORDERED: Upon review of Plaintiff's Response 17 to the Court's Order to Show Cause 16, the Court accepts Florida's Response and finds that venue in the Middle District of Florida, Tampa Division, has been sufficiently alleged. The Court will take no further action on the Order to Show Cause and it is DISCHARGED. Signed by Judge Charlene Edwards Honeywell on 3/22/2021. (JDE) (Entered: 03/22/2021)

March 22, 2021 RECAP
21

MOTION for Leave to File Amicus Brief by Advocates for Victims of Illegal Alien Crime. (Attachments: # 1 Exhibit proposed amicus brief)(Zimolong, Walter) (Entered: 03/23/2021)

March 23, 2021 PACER
22

Unopposed MOTION for Leave to File Amicus Brief by American Civil Liberties Union, ACLU of Florida. (Attachments: # 1 Exhibit Proposed Amici Brief)(Kacou, Amien) (Entered: 03/23/2021)

March 23, 2021 PACER
23

RESPONSE in Opposition re 4 MOTION for Preliminary Injunction filed by Alejandro Mayorkas, Tae Johnson, Tracy Renaud, Troy Miller, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Declaration of Peter Berg, # 4 Declaration of Mitchell Diaz)(Cholera, Kuntal) (Entered: 03/23/2021)

1 Exhibit A

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2 Exhibit B

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3 Declaration of Peter Berg

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4 Declaration of Mitchell Diaz

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March 23, 2021 RECAP
24

ORDERED: Unopposed Motion of Immigration Reform Law Institute for Leave to File a Memorandum of Law as Amicus Curiae in Support of Florida's Motion for a Preliminary Injunction 18 is DENIED. Unopposed Motion of Advocates for Victims of Illegal Alien Crime for Leave to File an Amicus Brief in Support of the State of Florida's Motion for a Preliminary Injunction 21 is DENIED. Unopposed Motion of the American Civil Liberties Union and ACLU of Florida for Leave to File Brief as Amici Curiae 22 is DENIED.Signed by Judge Charlene Edwards Honeywell on 3/24/2021. (JDE) (Entered: 03/24/2021)

March 24, 2021 RECAP
25

NOTICE of Hearing on Motion re 4 MOTION for Preliminary Injunction. Motion Hearing set for 4/13/2021 at 10:00 AM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. The hearing scheduled for APRIL 13, 2021 will be conducted via ZOOM VIDEO CONFERENCE. The Clerk will be sending everyone an invitation to the meeting via email. If you have any questions, please contact courtroom deputy, Bettye Samuel, at Bettye_Samuel@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, you are hereby reminded that under Local Rule 5.01 the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited. Additionally, please dress appropriately for the hearing and DO NOT share the hearing password with anyone.(BGS) (Entered: 03/27/2021)

March 27, 2021 PACER

Notice of hearing on motion

March 27, 2021 PACER
26

Unopposed MOTION to Amend 4 MOTION for Preliminary Injunction by State of Florida. (Patel, Anita) (Entered: 04/01/2021)

April 1, 2021 PACER
27

ORDERED: Plaintiff's Unopposed Motion for Leave to Amend Motion for Preliminary Injunction 26 is GRANTED. See Order for additional details. Signed by Judge Charlene Edwards Honeywell on 4/2/2021. (CSS) (Entered: 04/02/2021)

April 2, 2021 PACER
28

***TERMINATED-COUNSEL ON SIGNATURE LINE DOES NOT MATCH COUNSEL OF ENTRY--COUNSEL NOTIFIED TO RE-FILE***NOTICE by State of Florida of Filing Supplemental Exhibits re 4 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 19 - Thomas Declaration with ICE Emails (Supp. to Doc. 4-1), # 2 Exhibit 20 - Criminal Alien Information (Supp. to Doc. 4-2))(Patel, Anita) Modified on 4/5/2021 (CTR). (Entered: 04/05/2021)

April 5, 2021 PACER
29

NOTICE by State of Florida of Filing Supplemental Exhibits re 4 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 19 - Thomas Declaration with ICE Emails (Supp. to Doc. 4-1), # 2 Exhibit 20 - Criminal Alien Information (Supp. to Doc. 4-2))(Patel, Anita) (Entered: 04/05/2021)

1 Exhibit 19 - Thomas Declaration with ICE Emails (Supp. to Doc. 4-1)

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2 Exhibit 20 - Criminal Alien Information (Supp. to Doc. 4-2)

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April 5, 2021 RECAP
30

NOTICE by Alejandro Mayorkas, Tae Johnson, Tracy Renaud, Troy Miller, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States of America (Attachments: # 1 Supplement Declaration)(Cholera, Kuntal) (Entered: 04/12/2021)

1 Supplement Declaration

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April 12, 2021 RECAP
31

Minute Entry. Virtual Proceedings held before Judge Charlene Edwards Honeywell: MOTION HEARING held on 4/13/2021 re 4 MOTION for Preliminary Injunction filed by State of Florida. Court Reporter: Sharon A. Miller (BGS) (Entered: 04/13/2021)

April 13, 2021 PACER
32

TRANSCRIPT of PRELIMINARY INJUNCTION HEARING (via ZOOM) held on APRIL 13, 2021 before Judge CHARLENE EDWARDS HONEYWELL. Court Reporter/Transcriber SHARON A. MILLER,Telephone number 813-301-5041. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 5/7/2021 Redacted Transcript Deadline set for 5/17/2021 Release of Transcript Restriction set for 7/15/2021. (SAM) (Entered: 04/16/2021)

April 16, 2021 PACER
33

NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Sharon A. Miller. (SAM) (Entered: 04/16/2021)

April 16, 2021 PACER

Notice to counsel of filing of official transcript

April 16, 2021 PACER
34

Unopposed MOTION to Amend 4 MOTION for Preliminary Injunction by State of Florida. (Attachments: # 1 Exhibit PI Hearing Transcript, # 2 Exhibit ICE Email)(Percival, James) (Entered: 04/29/2021)

April 29, 2021 PACER
35

NOTICE or, in the alternative, MOTION to Dismiss by Alejandro Mayorkas, Tae Johnson, Tracy Renaud, Troy Miller, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States of America (Attachments: # 1 Exhibit 1)(Cholera, Kuntal) Modified event and text on 5/10/2021 (MCB). (Entered: 05/07/2021)

May 7, 2021 PACER
36

RESPONSE to Motion re 34 Unopposed MOTION to Amend 4 MOTION for Preliminary Injunction filed by Alejandro Mayorkas, Tae Johnson, Tracy Renaud, Troy Miller, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States of America. (Attachments: # 1 Exhibit A)(Cholera, Kuntal) (Entered: 05/10/2021)

May 10, 2021 PACER
37

REQUEST for oral argument re 4 MOTION for Preliminary Injunction, 34 Unopposed MOTION to Amend 4 MOTION for Preliminary Injunction (supplemental argument or a status conference) by State of Florida. (Attachments: # 1 Exhibit)(Percival, James) (Entered: 05/18/2021)

May 18, 2021 PACER
38

ORDERED: Florida's Unopposed Motion for Leave to Amend its Motion for Preliminary Injunction 34 is GRANTED. Florida's Motion for a Preliminary Injunction 4 is DENIED. Signed by Judge Charlene Edwards Honeywell on 5/18/2021. (JDE) (Entered: 05/18/2021)

May 18, 2021 Clearinghouse
39

***STRICKEN PURSUANT TO ORDER 42***NOTICE by State of Florida of Filing Supplemental Exhibits re 4 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 21-1 - Administrative record related to the 1/20 and 2/18 Memorandums, # 2 Exhibit 21-2 - Administrative record cont'd, # 3 Exhibit 21-3 - Administrative record cont'd, # 4 Exhibit 22 - ICE Detention Statistics)(Patel, Anita) Modified on 5/20/2021 (CTR). (Entered: 05/19/2021)

May 19, 2021 PACER
40

NOTICE OF APPEAL as to 38 Order on Motion to Amend / Correct / Modify / SupplementOrder on Motion for Preliminary Injunction by State of Florida. Filing fee $ 505, receipt number AFLMDC-18269962. (Attachments: # 1 Exhibit Appealed Order)(Percival, James) (Entered: 05/19/2021)

1 Exhibit Appealed Order

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May 19, 2021 RECAP
41

TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 40 Notice of Appeal. (CTR) (Entered: 05/19/2021)

May 19, 2021 PACER
42

ORDERED: Florida's Notice of Filing Supplemental Exhibits 39 and Exhibits attached thereto (Docs. 39-1 through 39-4) are STRICKEN. The Clerk is directed to STRIKE Florida's Notice of Filing Supplemental Exhibits 39 and the attached exhibits (Doc. 39-1 through 39-4). Signed by Judge Charlene Edwards Honeywell on 5/19/2021. (JDE) (Entered: 05/19/2021)

May 19, 2021 PACER
43

Unopposed MOTION to Stay Proceedings by State of Florida. (Patel, Anita) (Entered: 05/20/2021)

May 20, 2021 PACER
44

ORDER granting 43 Motion to Stay. This case is STAYED pending resolution of the Plaintiff's appeal of the Court's Order denying the motion for preliminary injunction. The Clerk is directed to terminate all pending motions and deadlines and administratively close this file. Upon the expiration of the stay, any party may move to reopen this case and renew any previously pending motions. Signed by Judge Charlene Edwards Honeywell on 5/24/2021. (BGS) (Entered: 05/24/2021)

May 24, 2021 RECAP

Case Stayed. (CTR)

May 24, 2021 PACER

Case Stayed

May 24, 2021 PACER
45

TRANSCRIPT information form filed by State of Florida re 40 Notice of Appeal. USCA number: 21-11715. (Percival, James) (Entered: 06/02/2021)

June 2, 2021 PACER

Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: 40 Notice of Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 21-11715-X (CTR)

June 22, 2021 PACER

Electronic certificate of readiness

June 22, 2021 PACER
46

OPINION/ORDER of USCA: DISMISSED as to 40 Notice of Appeal filed by State of Florida. EOD: 12/14/21; Mandate to issue at a later date. USCA number: 21-11715-BB. (JNB) (Entered: 12/15/2021)

Dec. 15, 2021 Clearinghouse
47

MANDATE of USCA: DISMISSED as to 40 Notice of Appeal filed by State of Florida. Issued as Mandate: 2/7/22. USCA number: 21-11715-BB. (JNB) (Entered: 02/07/2022)

Feb. 7, 2022 PACER
48

ORDER: The Clerk is directed to CLOSE this case, as the Eleventh Circuit Court of Appeals has issued its mandate. Signed by Judge Charlene Edwards Honeywell on 2/7/2022. (CEH) (Entered: 02/07/2022)

Feb. 7, 2022 PACER

*Order no pdf

Feb. 7, 2022 PACER
49

MOTION for Clarification re 48 Order no pdf by State of Florida. (Percival, James) (Entered: 02/18/2022)

Feb. 18, 2022 RECAP
50

NOTICE of Hearing on Motion re 49 MOTION for Clarification re 48 Order no pdf. Motion Hearing set for 3/17/2022 at 2:00 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. The motion hearing scheduled for MARCH 17, 2022 at 2:00PM will be conducted via ZOOM VIDEO CONFERENCE. The Clerk will be sending everyone an invitation to the meeting via email. If you have any questions, please contact courtroom deputy, Bettye Samuel, at Bettye_Samuel@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, you are hereby reminded that under Local Rule 5.01 the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited. Additionally, please dress appropriately for the hearing and DO NOT share the hearing password with anyone prior to consulting courtroom deputy. (BGS) (Entered: 02/24/2022)

Feb. 24, 2022 PACER

Notice of hearing on motion

Feb. 24, 2022 PACER
51

NOTICE of voluntary dismissal by State of Florida (Percival, James) (Entered: 02/25/2022)

Feb. 25, 2022 RECAP
52

ENDORSED ORDER denying as moot 49 Plaintiff's Motion for Reconsideration / Clarification as Plaintiff has voluntarily dismissed this action. Signed by Judge Charlene Edwards Honeywell on 2/25/2022. (JDE) (Entered: 02/25/2022)

Feb. 25, 2022 PACER

Order on Motion for Reconsideration / Clarification

Feb. 25, 2022 PACER
51

NOTICE of voluntary dismissal by State of Florida (Percival, James) (Entered: 02/25/2022)

Feb. 25, 2022 RECAP
52

ENDORSED ORDER denying as moot 49 Plaintiff's Motion for Reconsideration / Clarification as Plaintiff has voluntarily dismissed this action. Signed by Judge Charlene Edwards Honeywell on 2/25/2022. (JDE) (Entered: 02/25/2022)

Feb. 25, 2022 PACER

Order on Motion for Reconsideration / Clarification

Feb. 25, 2022 PACER

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 8, 2021

Closing Date: Feb. 25, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State of Florida

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States of America, 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.

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

Immigration/Border:

Deportation - procedure