Case: Make the Road New York v. Wolf

1:19-cv-02369 | U.S. District Court for the District of Columbia

Filed Date: Aug. 6, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns the Trump Administration’s decision to expand “expedited removal,” under which low-level Department of Homeland Security (“DHS”) immigration officers were allowed to summarily deport individuals from the United States without a court hearing or opportunity for meaningful review. The plaintiffs were a number of nonprofits, including Make the Road New York, La Union del Pueblo Entero, WeCount, the National Immigration Litigation Alliance, and a number of private plaintiffs. The…

This case concerns the Trump Administration’s decision to expand “expedited removal,” under which low-level Department of Homeland Security (“DHS”) immigration officers were allowed to summarily deport individuals from the United States without a court hearing or opportunity for meaningful review. The plaintiffs were a number of nonprofits, including Make the Road New York, La Union del Pueblo Entero, WeCount, the National Immigration Litigation Alliance, and a number of private plaintiffs. The ACLU helped represent the plaintiffs. The states of California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Virginia, and Washington, as well as Washington D.C., signed on as movants.

The plaintiffs filed suit in the U.S. District Court for the District of Columbia on August 6, 2019. The plaintiffs argued the expedited removal policy: 1) violated the Administrative Procedure Act (APA) (5 U.S.C. §553) by not complying with notice and comment rulemaking procedures; 2) violated the APA for being arbitrary and capricious; 3) violated the Immigration and Nationality Act (INA) (8 U.S.C. §1225(a)) for depriving persons faced with expedited removal with minimal safeguards of due process; 4) violated the INA for restricting access to counsel for those facing expedited removal; 5) violated the Due Process clause of the Fifth Amendment; and 6) violated the Suspension Clause (Art. 1 §9, cl. 2) by depriving subjected individuals to removal without federal court review. Judge Ketanji Brown Jackson was assigned to the case.

The plaintiffs sought a declaration that the policy was unconstitutional and a violation of law, injunctive relief ordering the government to refrain from implementing the rule, and reasonable attorney fees. The same day the case was filed, the plaintiffs moved for a preliminary injunction to enjoin the government from applying the Notice Designating Aliens for Expedited Removal.

On September 27, 2019, Judge Jackson granted the plaintiff’s motion for preliminary injunction and enjoined the Secretary of DHS from enforcing the policy changes in question. Judge Jackson found that the Department of Homeland Security had likely violated the APA since the decision to alter the expedited removal rule had likely resulted from arbitrary and capricious decision making—this was based on evidence provided by the plaintiffs of flaws in the pre-existing expedited scheme which the agency failed to account for. 405 F.Supp.3d 1.

The government appealed the decision on the preliminary injunction to the U.S. Court of Appeals of the D.C. Circuit on October 25, 2019. The appeal was expedited after a government request. On June 23, 2020, the D.C. Circuit Court reversed the preliminary injunction, finding that while DHS’s actions were subject to judicial review, the rule change implemented constituted agency action committed to agency discretion by law. The circuit court pointed to the language of the Designation Provision of the INA (8 U.S.C. §1225(b)) as evidence of congressional intent to leave decisions regarding the scope of expedited removal within the Secretary’s independent judgement. The relevant text read: “Such designation shall be in the sole and unreviewable discretion of the [Secretary] and may be modified at any time.” The court remanded the case back to the district court. The plaintiffs filed a petition for rehearing en banc on September 4, 2020; the D.C. Circuit Court denied this on September 22.

Back at the district court, the plaintiffs filed a second amended complaint on October 19, 2020. This complaint added a claim that DHS’s policy violated the Homeland Security Act (6 U.S.C. §113(g)). The plaintiffs filed a second motion for preliminary injunction on October 19, 2020.

Before the district court ruled on the second motion for preliminary injunction, Joe Biden won the 2020 Presidential election. On January 20, 2021, the Biden-led DHS issued a memo indicating the department would be reviewing its rules, policies, and practices concerning immigration enforcement. Judge Jackson stayed the case on February 8, 2021, pending the Biden Administration’s review and possible alteration of the expedited removal policy. Judge Jackson was elevated to the D.C. Circuit Court of Appeals in mid-2021 and the case was reassigned to Judge Jia M. Cobb.

The case remains open and proceedings remain stayed.

Summary Authors

John Duffield (8/4/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/61598707/parties/make-the-road-new-york-v-mcaleenan/


Judge(s)

Jackson, Ketanji Brown (District of Columbia)

Attorneys(s) for Plaintiff

Amdur, Spencer E. W. (California)

Balakrishnan, Anand V. (New York)

Baxley, Adrienne V. (District of Columbia)

Gelernt, Lee (New York)

Geltman, Susannah S (New York)

Jadwat, Omar C. (New York)

Kang, Stephen B. (California)

Macleod-Ball, Kristin A. (Massachusetts)

Michelman, Scott (District of Columbia)

Judge(s)

Jackson, Ketanji Brown (District of Columbia)

Attorneys(s) for Plaintiff

Amdur, Spencer E. W. (California)

Balakrishnan, Anand V. (New York)

Baxley, Adrienne V. (District of Columbia)

Gelernt, Lee (New York)

Geltman, Susannah S (New York)

Jadwat, Omar C. (New York)

Kang, Stephen B. (California)

Macleod-Ball, Kristin A. (Massachusetts)

Michelman, Scott (District of Columbia)

Newell, Jennifer Chang (California)

Perez, Celso Javier (New York)

Polster, Joshua (New York)

Realmuto, Trina (Massachusetts)

Spitzer, Arthur (District of Columbia)

Tan, Michael K. T. (New York)

Veroff, Julie Michelle (California)

Walters, Karolina Joanna (District of Columbia)

Youngwood, Jonathan K. (New York)

Attorneys(s) for Defendant

Cutri-Kohart, Rebecca (District of Columbia)

Gray, Kathryne M. (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Peachey, William Charles (District of Columbia)

Ramkumar, Archith (District of Columbia)

Reuveni, Erez (District of Columbia)

Other Attorney(s)

Faer, Laura Lynne (California)

Gorod, Brianne J. (District of Columbia)

Documents in the Clearinghouse

Document

1:19-cv-02369

1:19-cv-02840

0:19-05298

Docket

Make the Road New York v. McAleenan

June 28, 2021

June 28, 2021

Docket
1

1:19-cv-02369

Complaint for Declaratory and Injunctive Relief

Make the Road New York v. McAleenan

Aug. 6, 2019

Aug. 6, 2019

Complaint
13

1:19-cv-02369

Plaintiffs' Motion for a Preliminary Injunction

Make the Road New York v. McAleenan

Aug. 9, 2019

Aug. 9, 2019

Pleading / Motion / Brief
20

1:19-cv-02369

Joint Statement on Scheduling

Make the Road New York v. McAleenan

Aug. 14, 2019

Aug. 14, 2019

Pleading / Motion / Brief
40

1:19-cv-02369

Memorandum Opinion

Make the Road New York v. McAleenan

405 F.Supp.3d 1

Sept. 27, 2019

Sept. 27, 2019

Order/Opinion
56

1:19-cv-02369

Plaintiffs' Motion for a Preliminary Injunction

Oct. 19, 2020

Oct. 19, 2020

Pleading / Motion / Brief
55

1:19-cv-02369

Second Amended Complaint for Declaratory and Injunctive Relief

Make the Road New York v. McAleenan

Oct. 19, 2020

Oct. 19, 2020

Complaint
76

1:19-cv-02369

Plaintiffs' Response to Order to Show Cause

Make the Road New York v. Mayorkas

Feb. 4, 2021

Feb. 4, 2021

Pleading / Motion / Brief
79

1:19-cv-02369

Status Report

Make the Road New York v. McAleenan

June 2, 2021

June 2, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61598707/make-the-road-new-york-v-mcaleenan/

Last updated July 24, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6304121) filed by MAKE THE ROAD NEW YORK, WECOUNT!, INC., LA UNION DEL PUEBLO ENTERO. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Perez, Celso) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

Clearinghouse
2

NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
3

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anand Balakrishnan, :Firm- American Civil Liberties Union Foundation Immigrants Rights Project, :Address- 125 Broad St, 18th Floor, New York, NY 10004. Phone No. - (212) 549-2536. Fax No. - (212) 549-2654 Filing fee $ 100, receipt number 0090-6304642. Fee Status: Fee Paid. by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT!, INC. (Perez, Celso) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
4

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lee Gelernt, :Firm- American Civil Liberties Union Foundation Immigrants Rights Project, :Address- 125 Broad St, 18th Floor, New York, NY 10004. Phone No. - (212) 549-5585. Fax No. - (212) 549-2654 Filing fee $ 100, receipt number 0090-6304748. Fee Status: Fee Paid. by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT!, INC. (Perez, Celso) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
5

NOTICE of Appearance by Karolina Joanna Walters on behalf of All Plaintiffs (Walters, Karolina) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Trina Realmuto, :Firm- American Immigration Council, :Address- 1318 Beacon St., Suite 18, Brookline, MA 02446. Phone No. - 857-305-3600. Filing fee $ 100, receipt number 0090-6305012. Fee Status: Fee Paid. by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT!, INC. (Walters, Karolina) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kristin Macleod-Ball, :Firm- American Immigration Council, :Address- 1318 Beacon St., Suite 18, Brookline, MA 02446. Phone No. - 857-305-3722. Filing fee $ 100, receipt number 0090-6305016. Fee Status: Fee Paid. by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT!, INC. (Walters, Karolina) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER

Case Assigned to Judge Ketanji Brown Jackson. (zeg)

Aug. 7, 2019

Aug. 7, 2019

PACER
8

SUMMONS (5) Issued Electronically as to MATTHEW T. ALBENCE, WILLIAM BARR, KENNETH T. CUCCINELLI, KEVIN MCALEENAN, MARK MORGAN. (Attachment: # 1 Notice and Consent)(zeg) (Entered: 08/07/2019)

Aug. 7, 2019

Aug. 7, 2019

PACER
9

NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) (Entered: 08/07/2019)

Aug. 7, 2019

Aug. 7, 2019

PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephen B. Kang, :Firm- American Civil Liberties Union Foundation Immigrants Rights Project, :Address- 39 Drumm St, San Francisco, CA 94111. Phone No. - (415) 343-0783. Fax No. - (415) 395-0950 Filing fee $ 100, receipt number 0090-6308855. Fee Status: Fee Paid. by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT! (Perez, Celso) (Entered: 08/08/2019)

Aug. 8, 2019

Aug. 8, 2019

PACER

MINUTE ORDER granting 3, 4, 6, 7, 10 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Anand Balakrishnan, Lee Gelernt, Trina Realmuto, Kristin Macleod-Ball, and Stephen B. Kang are admitted pro hac vice in this matter as counsel for Plaintiffs. Signed by Judge Ketanji Brown Jackson on 8/8/2019. (lckbj1)

Aug. 8, 2019

Aug. 8, 2019

PACER

MINUTE ORDER. The Clerk is directed to change the nature of suit code in this matter from 465 to 890, and to remove any public access restrictions to documents that have already been filed. Signed by Judge Ketanji Brown Jackson on 8/8/2019. (lckbj1)

Aug. 8, 2019

Aug. 8, 2019

PACER
11

GENERAL ORDER AND GUIDELINES APPLICABLE TO APA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for batching motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 8/8/2019. (lckbj1) (Entered: 08/08/2019)

Aug. 8, 2019

Aug. 8, 2019

PACER

***Attorneys Anand Balakrishnan, Lee Gelernt, Trina Ann Realmuto, Kristin Macleod-Ball, Stephen Bonggyun Kang for LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK and WECOUNT! added. (jch)

Aug. 9, 2019

Aug. 9, 2019

PACER
12

NOTICE of Appearance by Erez Reuveni on behalf of All Defendants (Reuveni, Erez) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
13

MOTION for Preliminary Injunction by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT! (Attachments: # 1 Memorandum in Support of Preliminary Injunction, # 2 Index of Exhibits, # 3 Declaration of Paige Austin, # 4 Declaration of Juanita Valdez-Cox, # 5 Declaration of Jonathan Fried, # 6 Declaration of Eduardo Beckett, # 7 Declaration of Gracie Willis, # 8 Declaration of Hannah Cartwright, # 9 Declaration of Shalyn Fluharty, # 10 Declaration of Jessica Shulruff Schneider, # 11 Declaration of Joanna Delfunt, # 12 Declaration of Edna Yang, # 13 Declaration of Jose Jesus Rodriguez, # 14 Declaration of Kara Hartzler, # 15 Declaration of Kelly White, # 16 Declaration of Laura Lunn, # 17 Declaration of Leah A. Jones, # 18 Declaration of Timothy Warden-Hertz, # 19 Declaration of Cecilia Menjivar, # 20 Declaration of Taslim Tavarez, # 21 Exhibit A, # 22 Exhibit B, # 23 Exhibit C, # 24 Exhibit D, # 25 Exhibit E, # 26 Exhibit F, # 27 Exhibit G, # 28 Exhibit H, # 29 Exhibit I, # 30 Exhibit J, # 31 Exhibit K, # 32 Exhibit L, # 33 Exhibit M, # 34 Exhibit N, # 35 Exhibit O, # 36 Exhibit P, # 37 Exhibit Q, # 38 Exhibit R, # 39 Exhibit S, # 40 Exhibit T, # 41 Exhibit U, # 42 Exhibit V, # 43 Text of Proposed Order)(Perez, Celso) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

Clearinghouse
14

REQUEST FOR SUMMONS TO ISSUE filed by MAKE THE ROAD NEW YORK, WECOUNT!, LA UNION DEL PUEBLO ENTERO.(Perez, Celso) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
15

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Omar C. Jadwat, :Firm- American Civil Liberties Union Foundation Immigrants Rights Project, :Address- 125 Broad Street, 18th Floor, New York, NY 10004. Phone No. - (212) 549-2620. Fax No. - (212) 549-2654 Filing fee $ 100, receipt number 0090-6315754. Fee Status: Fee Paid. by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT! (Perez, Celso) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
16

SUMMONS (1) Issued Electronically as to U.S. Attorney (jf) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
17

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Susannah Geltman, :Firm- Simpson Thacher & Bartlett LLP, :Address- 425 Lexington Avenue New York, NY 10017. Phone No. - (212) 455-2762. Filing fee $ 100, receipt number 0090-6317389. Fee Status: Fee Paid. by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT! (Perez, Celso) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
18

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joshua Polster, :Firm- Simpson Thacher & Bartlett LLP, :Address- 425 Lexington Avenue New York, NY 10017. Phone No. - (212) 455-2266. Filing fee $ 100, receipt number 0090-6317394. Fee Status: Fee Paid. by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT! (Perez, Celso) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
19

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan K. Youngwood, :Firm- Simpson Thacher & Bartlett LLP, :Address- 425 Lexington Avenue New York, NY 10017. Phone No. - (212) 455-3539. Filing fee $ 100, receipt number 0090-6317404. Fee Status: Fee Paid. by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT! (Perez, Celso) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER

Set/Reset Hearings: Telephone Conference set for 8/13/2019 at 4:00 PM in Chambers before Judge Ketanji Brown Jackson. (jch )

Aug. 13, 2019

Aug. 13, 2019

PACER

MINUTE ORDER granting 15, 17, 18, 19 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Omar C. Jadwat, Susannah Geltman, Joshua Polster, and Jonathan K. Youngwood are admitted pro hac vice in this matter as counsel for Plaintiffs. Signed by Judge Ketanji Brown Jackson on 8/13/2019. (lckbj1)

Aug. 13, 2019

Aug. 13, 2019

PACER

Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Telephone Conference held in chambers on 8/13/2019. (Court Reporter Nancy Meyer.) (zgdf)

Aug. 13, 2019

Aug. 13, 2019

PACER
20

Joint STATUS REPORT on proposed schedule by MATTHEW T. ALBENCE, WILLIAM BARR, KENNETH T. CUCCINELLI, KEVIN MCALEENAN, MARK MORGAN. (Reuveni, Erez) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

Clearinghouse

MINUTE ORDER. In light of the representations made in the parties' 20 Joint Statement on Scheduling, it is hereby ORDERED that the following briefing schedule is set regarding Plaintiffs' 13 Motion for a Preliminary Injunction: Plaintiffs shall file a supplemental brief on jurisdiction of no more than 15 pages on or before noon on 8/21/2019; Defendant shall file an omnibus opposition of more than 60 pages on or before noon on 8/28/2019; Plaintiffs shall file a reply of no more than 35 pages on or before noon on 9/3/2019. It is FURTHER ORDERED that a Motion Hearing on Plaintiffs' 13 Motion for a Preliminary Injunction is set for 9/6/2019 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 8/14/2019. (lckbj1)

Aug. 14, 2019

Aug. 14, 2019

PACER

MINUTE ORDER. It is hereby ORDERED that Defendants' obligation to respond to the complaint shall be suspended during the Court's consideration of the merits of the motion for a preliminary injunction. Defendants must answer or otherwise respond to the Complaint within 14 days after the Court issues its order on the motion for a preliminary injunction. It is FURTHER ORDERED that if any parallel litigation is pending, the parties shall keep the Court fully apprised of the status of such ligation, including notifying the Court within 24 hours whenever a document is filed, a hearing is held or scheduled, or an order is issued in that litigation. Signed by Judge Ketanji Brown Jackson on 8/14/2019. (lckbj1)

Aug. 14, 2019

Aug. 14, 2019

PACER
21

TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson held on 08/13/2019; Page Numbers: 1-27. Date of Issuance: 08/14/2019. Court Reporter: Nancy J. Meyer. Telephone Number (202) 354-3118, Tape Number: N/A. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 9/5/2019. Redacted Transcript Deadline set for 9/15/2019. Release of Transcript Restriction set for 11/13/2019.(Meyer, Nancy) (Entered: 08/15/2019)

Aug. 15, 2019

Aug. 15, 2019

PACER
22

TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson held on 08/14/2019; Page Numbers: 1-10. Date of Issuance: 08/20/2019. Court Reporter: Nancy J. Meyer, Telephone Number: (202) 354-3118, Tape Number: N/A. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 9/11/2019. Redacted Transcript Deadline set for 9/21/2019. Release of Transcript Restriction set for 11/19/2019.(Meyer, Nancy) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
23

SUPPLEMENTAL MEMORANDUM to Brief in Support of Preliminary Injunction filed by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT!. (Perez, Celso) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
24

MOTION for Leave to File Amicus Brief by State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maryland, State of Massachusetts, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Vermont, State of Virginia, State of Washington, District of Columbia (Attachments: # 1 Exhibit Brief of Amici Curiae in Support of Plaintiffs Motion for Preliminary Injunction)(Faer, Laura) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER

NOTICE OF ERROR re 24 Motion for Leave to File; emailed to laura.faer@doj.ca.gov, cc'd 25 associated attorneys -- The PDF file you docketed contained errors: 1. DO NOT REFILE - FYI parties are to be added in all caps and no addresses (zjf, )

Aug. 22, 2019

Aug. 22, 2019

PACER

MINUTE ORDER granting 24 Motion for Leave to File Amicus Brief. Signed by Judge Ketanji Brown Jackson on 8/22/2019. (lckbj1)

Aug. 22, 2019

Aug. 22, 2019

PACER
25

Memorandum in opposition to re 13 MOTION for Preliminary Injunction filed by MATTHEW T. ALBENCE, WILLIAM BARR, KENNETH T. CUCCINELLI, KEVIN MCALEENAN, MARK MORGAN. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Reuveni, Erez) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
26

NOTICE of filing of administrative record by MATTHEW T. ALBENCE, WILLIAM BARR, KENNETH T. CUCCINELLI, KEVIN MCALEENAN, MARK MORGAN (Attachments: # 1 Exhibit Administrative Record Part 1, # 2 Exhibit Administrative Record Part 2, # 3 Exhibit Administrative Record Part 3, # 4 Exhibit Administrative Record Part 4, # 5 Exhibit Administrative Record Part 5, # 6 Exhibit Administrative Record Part 6, # 7 Exhibit Administrative Record Part 7, # 8 Exhibit Administrative Record Part 8, # 9 Exhibit Administrative Record Part 9, # 10 Exhibit Administrative Record Part 10, # 11 Exhibit Administrative Record Part 11, # 12 Exhibit Administrative Record Part 12, # 13 Errata Administrative Record Part 13, # 14 Exhibit Administrative Record Part 14, # 15 Exhibit Administrative Record Part 15, # 16 Exhibit Administrative Record Part 16, # 17 Exhibit Administrative Record Part 17, # 18 Exhibit Administrative Record Part 18, # 19 Exhibit Administrative Record Part 19, # 20 Exhibit Administrative Record Part 20, # 21 Exhibit Administrative Record Part 21, # 22 Exhibit Administrative Record Part 22, # 23 Exhibit Administrative Record Part 23, # 24 Exhibit Administrative Record Part 24, # 25 Exhibit Administrative Record Part 25, # 26 Exhibit Administrative Record Part 26, # 27 Exhibit Administrative Record Part 27)(Reuveni, Erez) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
27

NOTICE of Appearance by Archith Ramkumar on behalf of All Defendants (Ramkumar, Archith) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
28

REPLY to opposition to motion re 13 MOTION for Preliminary Injunction filed by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT!. (Attachments: # 1 Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Perez, Celso) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
29

NOTICE of Appearance by Kathryne Marie Gray on behalf of All Defendants (Gray, Kathryne) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
30

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael Tan, :Firm- American Civil Liberties Union Foundation Immigrants Rights Project, :Address- 125 Broad St, 18th Floor, New York, NY 10004. Phone No. - (347) 714-0740. Fax No. - (212) 549-2654 Filing fee $ 100, receipt number 0090-6360345. Fee Status: Fee Paid. by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT! (Perez, Celso) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER

MINUTE ORDER granting 30 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Michael Tan is admitted pro hac vice in this matter as counsel for Plaintiffs. Signed by Judge Ketanji Brown Jackson on 9/6/2019. (lckbj1)

Sept. 6, 2019

Sept. 6, 2019

PACER

MINUTE ORDER. This Court held a Motion Hearing on Plaintiffs' 13 Motion for Preliminary Injunction on 9/6/2019. For the reasons stated on the record at the hearing, it is hereby ORDERED that the parties shall promptly meet and confer, and that, on or before 9/10/2019 by 12:00 PM, the parties shall submit a joint proposal regarding procedures for maintaining the status quo with respect to enforcement of the July 23rd Notice while the Plaintiffs' preliminary injunction is under review. Signed by Judge Ketanji Brown Jackson on 9/6/2019. (lckbj2)

Sept. 6, 2019

Sept. 6, 2019

PACER

Minute Entry for Motion Hearing held on 9/6/2019 before Judge Ketanji Brown Jackson re 13 MOTION for Preliminary Injunction filed by WECOUNT!, LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK. Court heard arguments from both parties and will take the matter under advisement and issue findings. Parties will confer in order to come up with a proposal to prevent potential harm to the members during the pendency of the Court writing an opinion (Court Reporters Nancy Meyer and Elizabeth Saint-Loth.) (zjch)

Sept. 6, 2019

Sept. 6, 2019

PACER
31

Joint STATUS REPORT concerning the Court's September 6, 2019 minute order by MATTHEW T. ALBENCE, WILLIAM BARR, KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, MARK MORGAN. (Reuveni, Erez) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
32

TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson held on 09/06/2019; Page Numbers: 1-97. Date of Issuance: 09/10/2019. Court Reporter: Nancy J. Meyer, Telephone No.: (202) 354-3118, Tape Number: N/A. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 10/1/2019. Redacted Transcript Deadline set for 10/11/2019. Release of Transcript Restriction set for 12/9/2019.(Meyer, Nancy) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
33

TRANSCRIPT OF PROCEEDINGS, afternoon session, before Judge Ketanji Brown Jackson, held on 9/06/2019; Page Numbers: 98 - 172. Date of Issuance: 9/11/2019. Court Reporter/Transcriber: Elizabeth SaintLoth; Telephone number: 202-354-3242. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 10/2/2019. Redacted Transcript Deadline set for 10/12/2019. Release of Transcript Restriction set for 12/10/2019.(Saint-Loth, Elizabeth) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
34

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/13/2019. (Perez, Celso) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
35

ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 8/13/2019. Answer due for ALL D.C. DEFENDANTS by 9/3/2019. (Perez, Celso) Modified on 9/20/2019 (jf). (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
36

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MATTHEW T. ALBENCE served on 8/13/2019; KENNETH T. CUCCINELLI, II served on 8/13/2019; KEVIN K. MCALEENAN served on 8/13/2019; MARK MORGAN served on 8/13/2019 (Perez, Celso) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
37

Consent MOTION to Amend/Correct 1 Complaint by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT! (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Redline Comparison of Amended Complaint, # 3 Exhibit Text of Proposed Order)(Perez, Celso) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 35 Summons Returned Executed as to DC Attorney General, was entered in error and counsel was instructed to refile said pleading as to the correct filing event (U.S. Attorney for DC) (zjf)

Sept. 20, 2019

Sept. 20, 2019

PACER
38

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/13/2019. Answer due for ALL FEDERAL DEFENDANTS by 10/12/2019. (Perez, Celso) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER

MINUTE ORDER granting 37 Consent Motion to Amend Complaint. Signed by Judge Ketanji Brown Jackson on 9/20/2019. (lckbj1)

Sept. 20, 2019

Sept. 20, 2019

PACER
39

NOTICE Regarding commencement of expanded expedited removal by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT! (Perez, Celso) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
40

MEMORANDUM OPINION granting Plaintiffs' 13 Motion for a Preliminary Injunction. Signed by Judge Ketanji Brown Jackson on 9/27/2019. (lckbj2) (Main Document 40 replaced on 10/11/2019) (zgdf). (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

Clearinghouse
41

ORDER granting Plaintiffs' 13 Motion for a Preliminary Injunction. Signed by Judge Ketanji Brown Jackson on 9/27/2019. (lckbj2) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
42

STIPULATION on scheduling by MATTHEW T. ALBENCE, WILLIAM BARR, KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, MARK MORGAN. (Reuveni, Erez) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER

MINUTE ORDER. Before the Court at present is the parties' 42 Joint Stipulation on Scheduling, in which they represent to the Court that they have reached an agreement as to an extension for Defendants to respond to the Complaint in this matter. The Court will construe this Stipulation as a motion for extension of time to respond to the complaint (see Appendix to Gen. Order and Guidelines for APA Cases, ECF No. 11, Para. 5(g)), and so construed, it is hereby ORDERED that the motion is GRANTED, and Defendants shall answer or otherwise respond to the complaint on or before 12/10/2019. It is FURTHER ORDERED that, in the event that Defendants notice an appeal, the parties shall promptly meet and confer and, within 7 days of the filing of a notice of appeal, file a status report that proposes how to further proceed in this case. Signed by Judge Ketanji Brown Jackson on 10/7/2019. (jag)

Oct. 7, 2019

Oct. 7, 2019

PACER

Set/Reset Deadlines: Defendant's Answer to the Complaint due by 12/10/2019, (hs)

Oct. 8, 2019

Oct. 8, 2019

PACER
43

NOTICE of Appearance by Adrienne V. Baxley on behalf of LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT! (Baxley, Adrienne) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
44

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 41 Order, 40 Memorandum & Opinion by MARK MORGAN, KENNETH T. CUCCINELLI, II, WILLIAM BARR, KEVIN K. MCALEENAN, MATTHEW T. ALBENCE. Fee Status: No Fee Paid. Parties have been notified. (Reuveni, Erez) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
45

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 44 Notice of Appeal to DC Circuit Court. (jf) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER

USCA Case Number 19-5298 for 44 Notice of Appeal to DC Circuit Court, filed by MATTHEW T. ALBENCE, KEVIN K. MCALEENAN, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, MARK MORGAN. (zrdj)

Nov. 1, 2019

Nov. 1, 2019

PACER
46

STIPULATION on deadline to submit status report that proposes how to further proceed in this case by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, MARK MORGAN. (Reuveni, Erez) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
47

Joint STATUS REPORT proposing the court stay district court proceedings pending appeal by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, MARK MORGAN. (Reuveni, Erez) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER

MINUTE ORDER. Before the Court at present is the parties' 47 Joint Status Report, in which they propose that the Court stay this matter pending the resolution of the government's appeal to the D.C. Circuit of the preliminary injunction that this Court entered. See Make the Road New York v. McAleenan, No. 19-5298 (D.C. Cir.). The Court will construe this Joint Status Report as a motion to stay, and so construed, it is hereby ORDERED that the motion to stay is GRANTED, and this case is STAYED until further order of this Court. It is FURTHER ORDERED that, notwithstanding this stay, the parties shall file a status report within 30 days of the D.C. Circuit's issuance of the mandate in 19-5298, which shall propose a schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 11/15/2019. (jag)

Nov. 15, 2019

Nov. 15, 2019

PACER
49

MANDATE of USCA as to 44 Notice of Appeal to DC Circuit Court, filed by MATTHEW T. ALBENCE, KEVIN K. MCALEENAN, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, MARK MORGAN ; USCA Case Number 19-5298. (Attachments: # 1 USCA Judgment)(zrdj) (Entered: 10/02/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
48

MOTION for Hearing Joint Request for a Status Conference by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT! (Perez, Celso) Modified event on 10/5/2020 (znmw). (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
50

Joint STATUS REPORT by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT!. (Perez, Celso) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
51

Joint STATUS REPORT by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT!. (Perez, Celso) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
52

ORDER, setting the following briefing schedule: Plaintiffs shall file an amended complaint on or before 10/19/2020; Plaintiffs shall file a motion for preliminary injunction on or before 10/19/2020; Defendants shall file any additional administrative record materials on or before 10/26/2020; Defendants shall file their opposition to the motion for preliminary injunction on or before 11/2/2020; Plaintiffs shall file any reply on or before 11/6/2020. See attached document for additional details. Signed by Judge Ketanji Brown Jackson on 10/15/2020 (lckbj2) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
53

Joint MOTION for Leave to File Excess Pages by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, MARK MORGAN (Reuveni, Erez) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER

MINUTE ORDER granting 53 Motion for Leave to File Excess Pages. It is hereby ORDERED that Plaintiffs are granted leave to file an omnibus opening brief of no more than 65 pages, that Defendants are granted leave to file an omnibus response of no more than 65 pages, and that Plaintiffs are granted leave to file an omnibus reply of no more than 35 pages. Signed by Judge Ketanji Brown Jackson on 10/16/2020. (jag)

Oct. 16, 2020

Oct. 16, 2020

PACER
54

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Spencer Amdur, Filing fee $ 100, receipt number ADCDC-7725064. Fee Status: Fee Paid. by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT! (Perez, Celso) (Entered: 10/17/2020)

Oct. 17, 2020

Oct. 17, 2020

PACER

MINUTE ORDER granting 54 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Spencer Amdur is admitted pro hac vice in this matter as counsel for Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Ketanji Brown Jackson on 10/19/2020. (jag)

Oct. 19, 2020

Oct. 19, 2020

PACER
55

SECOND AMENDED COMPLAINT against All Defendants filed by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT!. (Attachments: # 1 Exhibit to Amended Complaint)(Perez, Celso) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

Clearinghouse
56

Second MOTION for Preliminary Injunction by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT! (Attachments: # 1 Memorandum in Support of Preliminary Injunction, # 2 Index of Exhibits, # 3 Declaration of Paige Austin, # 4 Declaration (Second) of Paige Austin, # 5 Declaration of Javier Valds, # 6 Declaration of John Doe, # 7 Declaration of Juanita Valdez-Cox (August 2, 2019), # 8 Declaration of Juanita Valdez-Cox (August 30, 2019), # 9 Declaration of Juanita Valdez-Cox (October 15, 2020), # 10 Declaration of LUPE-Jane Doe, # 11 Declaration of Jonathan Fried (August 5, 2019), # 12 Declaration of Oscar Londoo, # 13 Declaration of Cecilia Menjivar, # 14 Declaration (Supplemental) of Cecilia Menjivar, # 15 Declaration of Ira Kurzban, # 16 Declaration of Gracie Willis, # 17 Declaration of Hannah Cartwright, # 18 Declaration of Shalyn Fluharty, # 19 Declaration of Jessica Shulruff Schneider, # 20 Declaration of Joanna Delfunt, # 21 Declaration of Edna Yang, # 22 Declaration (Supplemental) of Edna Yang, # 23 Declaration of Jose Jesus Rodriguez, # 24 Declaration of Kara Hartzler, # 25 Declaration of Kelly White, # 26 Declaration of Laura Lunn, # 27 Declaration of Leah A. Jones, # 28 Declaration of Timothy Warden-Hertz, # 29 Declaration (Supplemental) of Timothy Warden-Hertz, # 30 Declaration of Max Brooks, # 31 Declaration of Stacy Tolchin, # 32 Declaration of Linda Corchado, # 33 Declaration of Carly Salazar, # 34 Declaration of Nicole Ramos, # 35 Declaration of Dorien Ediger-Seto, # 36 Declaration of Laura St. John, # 37 Declaration of Eric Fish, # 38 Declaration of Eduardo Beckett, # 39 Declaration of Darlene Boggs, # 40 Text of Proposed Order)(Perez, Celso) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

Clearinghouse
57

LARGE ADDITIONAL ATTACHMENT(S) by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT! 56 Second MOTION for Preliminary Injunction filed by WECOUNT!, LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T, # 20 Exhibit U, # 21 Exhibit V, # 22 Exhibit W, # 23 Exhibit X, # 24 Exhibit Y, # 25 Exhibit Z, # 26 Exhibit AA, # 27 Exhibit AB, # 28 Exhibit AC, # 29 Exhibit AD, # 30 Exhibit AE, # 31 Exhibit AF)(Perez, Celso) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
58

MOTION for Leave to File Amicus Brief by CONSTITUTIONAL ACCOUNTABILITY CENTER (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Gorod, Brianne) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER

MINUTE ORDER. On October 15, 2020, this Court issued an order setting a briefing schedule for Plaintiffs' second motion for a preliminary injunction. This Court is now in receipt of Plaintiffs' motion. Accordingly, it is hereby ORDERED that a VTC Motion Hearing on Plaintiffs' 56 motion for a preliminary injunction is set for 11/13/2020 at 10:00 AM before Judge Ketanji Brown Jackson. Access information will be sent to counsel by e-mail; information on public access to this proceeding can be found on the Court's website. Signed by Judge Ketanji Brown Jackson on 10/21/2020. (lckbj2)

Oct. 21, 2020

Oct. 21, 2020

PACER
59

NOTICE of filing of administrative record by WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, MARK A. MORGAN, TONY H. PHAM, CHAD F. WOLF (Attachments: # 1 Exhibit ICE Policy 11058.2, # 2 Exhibit Administrative Record for ICE Policy 11058.2)(Reuveni, Erez) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
60

NOTICE of Appearance by Spencer Elijah Wittmann Amdur on behalf of LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT! (Amdur, Spencer) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
61

MOTION to Strike 56 Second MOTION for Preliminary Injunction by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, MARK A. MORGAN, TONY H. PHAM, CHAD F. WOLF (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Ramkumar, Archith) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
62

Memorandum in opposition to re 56 Second MOTION for Preliminary Injunction filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, MARK A. MORGAN, TONY H. PHAM, CHAD F. WOLF. (Attachments: # 1 Exhibit Index of exhibits, # 2 Declaration Declaration of Jay Visconti, # 3 Declaration Declaration of Juliana Blackwell, # 4 Declaration Declaration of Neal J. Swartz, # 5 Text of Proposed Order Proposed Order)(Reuveni, Erez) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER

MINUTE ORDER granting 58 Motion for Leave to File Amicus Brief. Signed by Judge Ketanji Brown Jackson on 11/5/2020. (jag)

Nov. 5, 2020

Nov. 5, 2020

PACER
65

AMICUS BRIEF by CONSTITUTIONAL ACCOUNTABILITY CENTER. (zjf) (Entered: 11/08/2020)

Nov. 5, 2020

Nov. 5, 2020

PACER
63

Memorandum in opposition to re 61 MOTION to Strike 56 Second MOTION for Preliminary Injunction filed by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT!. (Attachments: # 1 Appendix, # 2 Text of Proposed Order)(Perez, Celso) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
64

REPLY to opposition to motion re 56 Second MOTION for Preliminary Injunction filed by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT!. (Attachments: # 1 Index of Exhibits, # 2 Declaration of Jane Doe 2 (Member of MRNY), # 3 Declaration of John Doe 2 (Member of LUPE), # 4 Declaration of John Doe 3 (Member of MRNY), # 5 Declaration of Jodi Ziesemer, # 6 Declaration of Holly S. Cooper)(Perez, Celso) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
66

REPLY to opposition to motion re 61 MOTION to Strike 56 Second MOTION for Preliminary Injunction filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, MARK A. MORGAN, TONY H. PHAM, CHAD F. WOLF. (Ramkumar, Archith) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER
67

ERRATA by WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, MARK A. MORGAN, TONY H. PHAM, CHAD F. WOLF. (Attachments: # 1 Exhibit Corrected Administrative Record)(Reuveni, Erez) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER
68

NOTICE of Appearance by Rebecca Marie Cutri-Kohart on behalf of All Defendants (Cutri-Kohart, Rebecca) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER

Minute Entry for video proceedings held before Judge Ketanji Brown Jackson: Motion Hearing held on 11/13/2020, re 56 Second MOTION for Preliminary Injunction and 61 MOTION to Strike. Oral arguments heard and motions taken under advisement. (Court Reporter: Nancy Meyer) (zgdf)

Nov. 13, 2020

Nov. 13, 2020

PACER

MINUTE ORDER. Pursuant to the briefing schedule established at the Motion Hearing in this matter held on November 13, 2020, it is hereby ORDERED that on or before November 20, 2020, Defendants shall file a supplemental brief regarding the timing of Peter Gaynor's September 10, 2020, succession order in relation to Chad Wolf's nomination to serve as Secretary of Homeland Security, and its import on the instant dispute. Additionally, it is hereby ORDERED that Plaintiffs may file a response on or before November 24, 2020. Signed by Judge Ketanji Brown Jackson on 11/16/2020. (lckbj2)

Nov. 16, 2020

Nov. 16, 2020

PACER
69

TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson held on 11/13/2020. Page Numbers: 1-119. Date of Issuance: 11/14/2020. Court Reporter: Nancy J. Meyer. Telephone Number: 202-354-3118. Tape Number: N/A. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have 21 days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 12/7/2020. Redacted Transcript Deadline set for 12/17/2020. Release of Transcript Restriction set for 2/14/2021.(Meyer, Nancy) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
70

NOTICE OF WITHDRAWAL OF APPEARANCE as to WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, MARK A. MORGAN, TONY H. PHAM, CHAD F. WOLF. Attorney Archith Ramkumar terminated. (Ramkumar, Archith) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER
71

SUPPLEMENTAL MEMORANDUM to re 62 Memorandum in Opposition, filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, KEVIN K. MCALEENAN, MARK A. MORGAN, TONY H. PHAM, CHAD F. WOLF. (Attachments: # 1 Declaration Juliana Blackwell, # 2 Declaration Neal J. Swartz, # 3 Declaration Lauren Fischer, # 4 Declaration Ian Brekke)(Cutri-Kohart, Rebecca) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
72

RESPONSE re 71 Supplemental Memorandum, filed by LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK, WECOUNT!. (Perez, Celso) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER
73

NOTICE of ratification by WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, MARK A. MORGAN, TONY H. PHAM, CHAD F. WOLF (Attachments: # 1 Exhibit Notice to Senate)(Reuveni, Erez) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER

MINUTE ORDER. On January 20, 2021, the Department of Homeland Security issued a memorandum titled "Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities," which indicates that the agency is reviewing its rules, policies, and practices concerning immigration enforcement during the next 100 days. The memorandum also states that the agency has paused removals of some of the noncitizens who are subject to the expedited removal designation that is challenged in the instant matter. In light of the current uncertainty concerning the state of the policy under review in this case, the parties are ORDERED to SHOW CAUSE why this Court should not suspend consideration of this matter, including Plaintiffs' motion for a preliminary injunction, pending the agency's review of its immigration enforcement policies. The parties' responses shall be no more than 10 pages in length, and shall be filed on or before February 4, 2021. Signed by Judge Ketanji Brown Jackson on 01/22/2021. (lckbj2)

Jan. 22, 2021

Jan. 22, 2021

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Aug. 6, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A number of immigrant right nonprofit groups

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Type of Facility:

Government-run

Immigration/Border:

Deportation - judicial review

Deportation - procedure