Case: Haitian Bridge Alliance v. Biden

1:21-cv-03317 | U.S. District Court for the District of District of Columbia

Filed Date: Dec. 20, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 21, 2021, Haitian asylum seekers brought this class action lawsuit in the U.S. District Court for the District of Columbia. The named plaintiffs, along with putative class of 15,000 Haitian asylum seekers, had set up a makeshift encampment on the U.S. border while they sought the opportunity to make their case for asylum. U.S. officials distributed bread and water to the asylum seekers, but the plaintiffs alleged these provisions were not enough to keep them alive. The asylum seeker…

On December 21, 2021, Haitian asylum seekers brought this class action lawsuit in the U.S. District Court for the District of Columbia. The named plaintiffs, along with putative class of 15,000 Haitian asylum seekers, had set up a makeshift encampment on the U.S. border while they sought the opportunity to make their case for asylum. U.S. officials distributed bread and water to the asylum seekers, but the plaintiffs alleged these provisions were not enough to keep them alive. The asylum seekers were allegedly kept in this encampment until U.S. officials expelled them from the United States pursuant to a "Title 42 Process." This process relied on public health rationale for summarily expelling Haitian asylum seekers. Additionally, the plaintiffs alleged that the Department of Homeland Security had developed a "Haitian Deterrence Policy" to apply the Title 42 Process in a way that expelled Hatitian asylum seekers after subjecting them to deplorable conditions caused by federal failure to provide sufficient infrastructure, personnel, and resources to the people in the encampment.

The putative class included "all Haitian, or presumed Haitian, individuals who (1) sought access to the U.S. asylum process in or around the CBP Encampment near the Del Rio Port of Entry between September 9 and 24, 2021, and (2) were denied access to the U.S. asylum process." The case was assigned to Judge Emmet G. Sullivan.

The named plaintiffs were represented by public interest legal groups Innovation Law Lab, Haitian Bridge Alliance, and Justice Action Center. Suing under 42 U.S.C. § 1983, they alleged that the Title 42 Process and the Haitian Deterrence Policy violated the Equal Protection and Due Process clauses of the Fifth Amendment. They also alleged violations of the Administrative Procedure Act. The plaintiffs sought class certification, declaratory relief that Title 42 and the Haitian Deterrence Policy were unlawful, injunctive relief enjoining these policies from being enforced, and injunctive relief staying further expulsions of class members under the Title 42 process to plead their case for asylum and allowing those already expelled to return and plead their case.

The case was ongoing as of February 6, 2022; little had yet happened. 

Summary Authors

Jordan Katz (2/6/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61630343/parties/haitian-bridge-alliance-v-biden/


Judge(s)
Attorney for Plaintiff

Bentrott, Jane Petersen (District of Columbia)

Chang, Trillium (District of Columbia)

Delgado, Matthew Erik (District of Columbia)

Hellgren, Tess (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

D'Andrea, Gina (District of Columbia)

show all people

Documents in the Clearinghouse

Document
1

1:21-cv-03317

Class Action Complaint for Injunctive and Declaratory Relief

Dec. 20, 2021

Dec. 20, 2021

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61630343/haitian-bridge-alliance-v-biden/

Last updated April 29, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8941164) filed by SAMENTHA DOE, JACQUES DOE, MIRARD JOSEPH, HAITIAN BRIDGE ALLIANCE, WILSON DOE, MADELEINE PROSPERE, EMMANUEL DOE, PAUL DOE, ESTHER DOE, MAYCO CELON, SAMUEL DOE, VERONIQUE CASSONELL. (Attachments: # 1 Civil Cover Sheet, # 2 Related Case Form, # 3 Summons Becerra, # 4 Summons Biden, # 5 Summons CBP, # 6 Summons CDC, # 7 Summons DHS, # 8 Summons Ferrara, # 9 Summons HHS, # 10 Summons ICE, # 11 Summons Johnson, # 12 Summons Magnus, # 13 Summons Mayorkas, # 14 Summons Ortiz, # 15 Summons Walensky, # 16 Summons Graves)(Tumlin, Karen) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

Clearinghouse
2

NOTICE of Appearance by Karen C. Tumlin on behalf of All Plaintiffs (Tumlin, Karen) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
3

NOTICE of Appearance by Tess Hellgren on behalf of All Plaintiffs (Hellgren, Tess) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
4

NOTICE of Appearance by Daniel J. Tully on behalf of All Plaintiffs (Tully, Daniel) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
5

NOTICE of Appearance by Esther H. Sung on behalf of All Plaintiffs (Sung, Esther) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
6

NOTICE of Appearance by Jane Petersen Bentrott on behalf of All Plaintiffs (Bentrott, Jane) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
7

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:20-cv-02245-EGS-GMH; 1:21-cv-00100-EGS. (zsb) (Entered: 12/21/2021)

Dec. 20, 2021

Dec. 20, 2021

Clearinghouse

NOTICE OF ERROR re 1 Complaint; emailed to karen.tumlin@justiceactioncenter.org, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Pseudonym Request e-filed without leave of court. Please submit motion using the event Motion to Proceed Under Pseudonym. In the future, do not file these kinds of cases electronically., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, )

Dec. 21, 2021

Dec. 21, 2021

PACER
8

MOTION to Proceed Under Pseudonym by EMMANUEL DOE, ESTHER DOE, JACQUES DOE, PAUL DOE, SAMENTHA DOE, SAMUEL DOE, WILSON DOE. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration Emmanuel, # 4 Declaration Esther, # 5 Declaration Jacques, # 6 Declaration Paul, # 7 Declaration Samentha, # 8 Declaration Samuel, # 9 Declaration Wilson)(Tumlin, Karen) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER

Notice of QC- New Case

Dec. 21, 2021

Dec. 21, 2021

PACER
9

ORDER GRANTING plaintiffs' 8 Motion for Leave to Proceed Under Pseudonym. See Order for further details. Signed by Chief Judge Beryl A. Howell on December 23, 2021. (lcbah4) (Entered: 12/23/2021)

Dec. 23, 2021

Dec. 23, 2021

RECAP
10

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by VERONIQUE CASSONELL, MAYCO CELON, EMMANUEL DOE, ESTHER DOE, JACQUES DOE, PAUL DOE, SAMENTHA DOE, SAMUEL DOE, WILSON DOE, HAITIAN BRIDGE ALLIANCE, MIRARD JOSEPH, MADELEINE PROSPERE (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration of Karen C. Tumlin, # 2 Text of Proposed Order)(Tumlin, Karen) (Entered: 01/03/2022)

Jan. 3, 2022

Jan. 3, 2022

PACER

Case Assigned to Judge Emmet G. Sullivan. (znmg)

Jan. 4, 2022

Jan. 4, 2022

PACER
11

SUMMONS (14) Issued Electronically as to All Defendants and U.S. Attorney. (Attachment: # 1 Notice and Consent)(znmg) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER

Case Assigned/Reassigned

Jan. 4, 2022

Jan. 4, 2022

PACER

Case Assigned to Judge Emmet G. Sullivan. (znmg)

Jan. 4, 2022

Jan. 4, 2022

PACER
11

SUMMONS (14) Issued Electronically as to All Defendants and U.S. Attorney. (Attachment: # 1 Notice and Consent)(znmg) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER

Case Assigned/Reassigned

Jan. 4, 2022

Jan. 4, 2022

PACER
12

NOTICE of Appearance by Lauren Wilfong on behalf of All Plaintiffs (Wilfong, Lauren) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/13/2022. Answer due for ALL FEDERAL DEFENDANTS by 3/14/2022. (Tumlin, Karen) (Entered: 01/27/2022)

Jan. 27, 2022

Jan. 27, 2022

PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. XAVIER BECERRA served on 1/11/2022; JOSEPH BIDEN served on 1/14/2022; CENTERS FOR DISEASE CONTROL AND PREVENTION served on 1/13/2022; WILLIAM A. FERRARA served on 1/10/2022; TAE D. JOHNSON served on 1/10/2022; CHRIS MAGNUS served on 1/10/2022; ALEJANDRO J. MAYORKAS served on 1/10/2022; RAUL ORTIZ served on 1/10/2022; U.S. CUSTOMS AND BORDER PROTECTION served on 1/10/2022; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 1/10/2022; U.S. DEPARTMENT OF HOMELAND SECURITY served on 1/11/2022; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 1/10/2022; ROCHELLE P. WALENSKY served on 1/10/2022 (Tumlin, Karen) (Entered: 01/27/2022)

Jan. 27, 2022

Jan. 27, 2022

PACER
15

NOTICE OF WITHDRAWAL OF APPEARANCE as to VERONIQUE CASSONELL, MAYCO CELON, EMMANUEL DOE, ESTHER DOE, JACQUES DOE, PAUL DOE, SAMENTHA DOE, SAMUEL DOE, WILSON DOE, HAITIAN BRIDGE ALLIANCE, MIRARD JOSEPH, MADELEINE PROSPERE. Attorney Daniel J. Tully terminated. (Tully, Daniel) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER

MINUTE ORDER granting 10 sealed motion for leave to file document under seal. Signed by Judge Emmet G. Sullivan on 2/4/2022. (lcegs3)

Feb. 4, 2022

Feb. 4, 2022

PACER
17

SEALED Declaration re 1 Complaint,, filed by MADELEINE PROSPERE, PAUL DOE, HAITIAN BRIDGE ALLIANCE, JACQUES DOE, EMMANUEL DOE, SAMUEL DOE, WILSON DOE, ESTHER DOE, MIRARD JOSEPH, MAYCO CELON, VERONIQUE CASSONELL, SAMENTHA DOE. (This document is SEALED and only available to authorized persons.)(zjf) (Entered: 02/11/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER

Order on Sealed Motion for Leave to File Document Under Seal

Feb. 4, 2022

Feb. 4, 2022

PACER
16

NOTICE of Appearance by Stephen Manning on behalf of All Plaintiffs (Manning, Stephen) (Entered: 02/10/2022)

Feb. 10, 2022

Feb. 10, 2022

PACER
18

STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 02/14/22. (Attachment: # 1 Exhibit 1) (mac) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER

MINUTE ORDER. The parties are directed to file a joint status report by no later than March 4, 2022 addressing whether this case is related to Civil Action Number 21-cv-100 and Civil Action Number 20-cv-2245. Signed by Judge Emmet G. Sullivan on 2/18/2022. (lcegs3)

Feb. 18, 2022

Feb. 18, 2022

PACER

.Order

Feb. 18, 2022

Feb. 18, 2022

PACER

Set/Reset Deadlines: Joint Status Report due by 3/4/2022 (mac)

Feb. 22, 2022

Feb. 22, 2022

PACER

Set/Reset Deadlines

Feb. 22, 2022

Feb. 22, 2022

PACER
19

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by XAVIER BECERRA, JOSEPH BIDEN, CENTERS FOR DISEASE CONTROL AND PREVENTION, WILLIAM A. FERRARA, TAE D. JOHNSON, CHRIS MAGNUS, ALEJANDRO J. MAYORKAS, RAUL ORTIZ, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, ROCHELLE P. WALENSKY. (Tepe, Sean) (Entered: 03/03/2022)

March 3, 2022

March 3, 2022

PACER
20

Joint STATUS REPORT by VERONIQUE CASSONELL, MAYCO CELON, EMMANUEL DOE, ESTHER DOE, JACQUES DOE, PAUL DOE, SAMENTHA DOE, SAMUEL DOE, WILSON DOE, HAITIAN BRIDGE ALLIANCE, MIRARD JOSEPH, MADELEINE PROSPERE. (Sung, Esther) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER
21

NOTICE of Appearance by Diana Viggiano Valdivia on behalf of All Defendants (Valdivia, Diana) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER

NOTICE OF ERROR re 20 Status Report; emailed to esther.sung@justiceactioncenter.org, cc'd 10 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. DO NOT REFILE - Counsel is reminded signature must match login/password (zjf, )

March 6, 2022

March 6, 2022

PACER

Notice of QC

March 6, 2022

March 6, 2022

PACER
22

Unopposed MOTION for Extension of Time to Move for Class Certification by VERONIQUE CASSONELL, MAYCO CELON, EMMANUEL DOE, ESTHER DOE, JACQUES DOE, PAUL DOE, SAMENTHA DOE, SAMUEL DOE, WILSON DOE, HAITIAN BRIDGE ALLIANCE, MIRARD JOSEPH, MADELEINE PROSPERE. (Sung, Esther) (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

PACER

MINUTE ORDER granting 19 unopposed motion for extension of time. Defendants shall answer or otherwise respond to the Complaint by no later than April 28, 2022. Signed by Judge Emmet G. Sullivan on 3/17/2022. (lcegs3)

March 17, 2022

March 17, 2022

PACER

MINUTE ORDER granting 22 unopposed motion for extension of time. Plaintiffs shall file for their Motion for Class Certification on or before ninety (90) days after a Local Civil Rule 16.3 scheduling conference is held or, if only Administrative Procedure Act claims remain following a decision on Defendants' Motion to Dismiss, ninety (90) days after the Court's decision on Defendants' Motion to Dismiss. Signed by Judge Emmet G. Sullivan on 3/17/2022. (lcegs3)

March 17, 2022

March 17, 2022

PACER

Order on Motion for Extension of Time to Answer

March 17, 2022

March 17, 2022

PACER

Order on Motion for Extension of Time to

March 17, 2022

March 17, 2022

PACER

Set/Reset Deadlines: Defendant Answer Or Response To The Complaint due by 4/28/2022. (mac)

March 18, 2022

March 18, 2022

PACER

Set/Reset Deadlines

March 18, 2022

March 18, 2022

PACER
23

MOTION for Extension of Time to Respond to Complaint by XAVIER BECERRA, JOSEPH BIDEN, CENTERS FOR DISEASE CONTROL AND PREVENTION, TAE D. JOHNSON, CHRIS MAGNUS, ALEJANDRO J. MAYORKAS, RAUL ORTIZ, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, ROCHELLE P. WALENSKY, PETE FLORES. (Attachments: # 1 Text of Proposed Order)(Tepe, Sean) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER

MINUTE ORDER. Plaintiffs are directed to file their response to 23 motion for extension of time by no later than April 22, 2022. Signed by Judge Emmet G. Sullivan on 4/19/2022. (lcegs3)

April 19, 2022

April 19, 2022

PACER

Set/Reset Deadlines: Response due by 4/22/2022. (zacr)

April 19, 2022

April 19, 2022

PACER

.Order

April 19, 2022

April 19, 2022

PACER

Set/Reset Deadlines

April 19, 2022

April 19, 2022

PACER
24

WITHDRAWN PURSUANT TO DE# 26 FILED ON 04/27/2022.....Memorandum in opposition to re 23 MOTION for Extension of Time to Respond to Complaint filed by VERONIQUE CASSONELL, MAYCO CELON, EMMANUEL DOE, ESTHER DOE, JACQUES DOE, PAUL DOE, SAMENTHA DOE, SAMUEL DOE, WILSON DOE, HAITIAN BRIDGE ALLIANCE, MIRARD JOSEPH, MADELEINE PROSPERE. (Sung, Esther) Modified on 4/28/2022 (zjf). (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
25

REPLY to opposition to motion re 23 MOTION for Extension of Time to Respond to Complaint filed by XAVIER BECERRA, JOSEPH BIDEN, CENTERS FOR DISEASE CONTROL AND PREVENTION, PETE FLORES, TAE D. JOHNSON, CHRIS MAGNUS, ALEJANDRO J. MAYORKAS, RAUL ORTIZ, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, ROCHELLE P. WALENSKY. (Tepe, Sean) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
26

NOTICE of Withdrawal of Opposition re 24 by HAITIAN BRIDGE ALLIANCE (Sung, Esther) Modified to add link on 4/28/2022 (znmw). (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER

MINUTE ORDER. In view of 26 notice of withdrawal of opposition, the Court hereby GRANTS 23 motion for extension of time to respond to Complaint. It is FURTHER ORDERED that Plaintiffs shall inform the Court by no later than May 27, 2022 whether they intend to amend their Complaint. It is FURTHER ORDERED that if Plaintiffs intend to amend the Complaint, Defendants shall answer or otherwise respond to the amended complaint by no later than thirty (30) days after the amended complaint's filing. It is FURTHER ORDERED that if Plaintiffs indicate that they will not be amending the Complaint, Defendants shall respond to the Complaint by no later than June 10, 2022. Signed by Judge Emmet G. Sullivan on 5/2/2022. (lcegs3)

May 2, 2022

May 2, 2022

PACER

Set/Reset Deadlines: Plaintiffs Inform The Court Whether They Intend To Amend Complaint due by 5/27/2022. Defendants Response To The Complaint due by 6/10/2022. (mac)

May 2, 2022

May 2, 2022

PACER

Order on Motion for Extension of Time to

May 2, 2022

May 2, 2022

PACER

Set/Reset Deadlines

May 2, 2022

May 2, 2022

PACER
27

NOTICE of No Intent to Amend Complaint by VERONIQUE CASSONELL, MAYCO CELON, EMMANUEL DOE, ESTHER DOE, JACQUES DOE, PAUL DOE, SAMENTHA DOE, SAMUEL DOE, WILSON DOE, HAITIAN BRIDGE ALLIANCE, MIRARD JOSEPH, MADELEINE PROSPERE (Hellgren, Tess) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
28

Dismiss

June 11, 2022

June 11, 2022

PACER
29

MEMORANDUM OPINION AND ORDER sustaining the government's objection to this case's designation as related to Huisha-Huisha v. Gaynor, No. 21-cv-100 (D.D.C. 2021), and P.J.E.S. v. Wolf, No. 20-cv-2245 (D.D.C. 2020). This case shall be transferred to the Calendar and Case Management Committee for random reassignment. LCvR 40.5(c)(1). Signed by Judge Emmet G. Sullivan on 6/14/2022. (lcegs3) (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

RECAP

Case randomly reassigned to Judge Jia M. Cobb as the case is not related. Judge Emmet G. Sullivan is no longer assigned to the case. (rj)

June 14, 2022

June 14, 2022

PACER

Case Assigned/Reassigned

June 14, 2022

June 14, 2022

PACER
30

NOTICE to Appear amicus curiae by IMMIGRATION REFORM LAW INSTITUTE. (D'Andrea, Gina) Modified on 6/21/2022 to correct docket event/text (zjm). (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
31

Unopposed MOTION for Leave to File brief of amicus curiae by IMMIGRATION REFORM LAW INSTITUTE. (Attachments: # 1 Memorandum in Support)(D'Andrea, Gina) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
32

Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss by VERONIQUE CASSONELL, MAYCO CELON, EMMANUEL DOE, ESTHER DOE, JACQUES DOE, PAUL DOE, SAMENTHA DOE, SAMUEL DOE, WILSON DOE, HAITIAN BRIDGE ALLIANCE, MIRARD JOSEPH, MADELEINE PROSPERE. (Hellgren, Tess) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER

MINUTE ORDER granting 31 Unopposed Motion for Leave to File: The Court GRANTS 31 the Unopposed Motion for Leave to File by Immigration Reform Law Institute. Signed by Judge Jia M. Cobb on June 21, 2022. (lcjmc3)

June 21, 2022

June 21, 2022

PACER
33

ORDER granting 32 Unopposed Motion for Extension of Time: The Court GRANTS 32 Unopposed Motion to Extend Deadline to Oppose Defendants' Motion to Dismiss: The Court directs Plaintiffs to file their opposition to Defendants' Motion to Dismiss by July 15, 2022; and Defendants' Reply to Plaintiffs' opposition is due by July 22, 2022 per LCvR 7(d). Signed by Judge Jia M. Cobb on June 21, 2022. (lcjmc3) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER
34

AMICUS BRIEF by IMMIGRATION REFORM LAW INSTITUTE. (D'Andrea, Gina) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

RECAP

Order on Motion for Leave to File

June 21, 2022

June 21, 2022

PACER
35

NOTICE of Appearance by Trillium Chang on behalf of All Plaintiffs (Chang, Trillium) (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER
36

NOTICE of Appearance by Stanley Young on behalf of All Plaintiffs (Young, Stanley) (Main Document 36 replaced on 7/11/2022) (zjf). (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER
37

NOTICE of Appearance by Alexander Lawrenson Schultz on behalf of All Plaintiffs (Schultz, Alexander) (Main Document 37 replaced on 7/11/2022) (zjf). (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER
38

Memorandum in opposition to re 28 MOTION to Dismiss filed by VERONIQUE CASSONELL, MAYCO CELON, EMMANUEL DOE, ESTHER DOE, JACQUES DOE, PAUL DOE, SAMENTHA DOE, SAMUEL DOE, WILSON DOE, HAITIAN BRIDGE ALLIANCE. (Attachments: # 1 Exhibit A - Declaration of Nicole Phillips, # 2 Text of Proposed Order)(Wilfong, Lauren) (Entered: 07/15/2022)

1 Exhibit A - Declaration of Nicole Phillips

View on PACER

2 Text of Proposed Order

View on PACER

July 15, 2022

July 15, 2022

RECAP
39

MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss by XAVIER BECERRA, JOSEPH BIDEN, CENTERS FOR DISEASE CONTROL AND PREVENTION, WILLIAM A. FERRARA, PETE FLORES, TAE D. JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, RAUL ORTIZ, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, ROCHELLE P. WALENSKY. (Tepe, Sean) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
40

Memorandum in opposition to re 39 MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss filed by VERONIQUE CASSONELL, MAYCO CELON, EMMANUEL DOE, ESTHER DOE, JACQUES DOE, PAUL DOE, SAMENTHA DOE, SAMUEL DOE, WILSON DOE, HAITIAN BRIDGE ALLIANCE, MIRARD JOSEPH, MADELEINE PROSPERE. (Attachments: # 1 Ex. A Declaration of Esther Sung, # 2 Proposed Order)(Sung, Esther) (Entered: 07/20/2022)

1 Ex. A Declaration of Esther Sung

View on PACER

2 Proposed Order

View on PACER

July 20, 2022

July 20, 2022

PACER
41

MOTION for Leave to File Amicus Brief In Support of Plaintiffs by District of Columbia and the States of Illinois, Connecticut, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington. (Attachments: # 1 Multistate Amicus Brief From 15 States)(Tan, Caroline) (Entered: 07/22/2022)

1 Multistate Amicus Brief From 15 States

View on PACER

July 22, 2022

July 22, 2022

PACER

MINUTE ORDER granting 39 Defendants' Motion for Extension of Time to File Reply: The Court has considered the Parties' respective positions and GRANTS Defendants' Motion. The Court is sympathetic to Plaintiffs' position and agrees that the extension Defendants seek is much longer than the default deadline contemplated for filing reply briefs. However, Defendants' motion provides specific detail concerning other trials, leave, and dispositive motions deadlines that make the current deadline a significant hardship for counsel. The Court finds that Defendants' proffered justifications go beyond conclusory claims about their schedule and present real conflicts that establish good cause for the requested extension, as well as that these conflicts do not appear to be the result of any lack of diligence by Government counsel. Nor will the extension unduly delay the resolution of the pending motion or result in prejudice to Plaintiffs. Accordingly, the Court ORDERS that Defendants' reply brief is due on or before September 2, 2022. There will be no further extensions of this deadline absent an extraordinary circumstance. Signed by Judge Jia M. Cobb on July 22, 2022. (lcjmc3)

July 25, 2022

July 25, 2022

PACER

Set/Reset Deadlines AND Order on Motion for Extension of Time to File Response/Reply

July 25, 2022

July 25, 2022

PACER
42

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- MATTHEW E. DELGADO, Filing fee $ 100, receipt number ADCDC-9406903. Fee Status: Fee Paid. by VERONIQUE CASSONELL, MAYCO CELON, EMMANUEL DOE, ESTHER DOE, JACQUES DOE, PAUL DOE, SAMENTHA DOE, SAMUEL DOE, WILSON DOE, HAITIAN BRIDGE ALLIANCE, MIRARD JOSEPH, MADELEINE PROSPERE. (Attachments: # 1 Declaration OF MATTHEW E. DELGADO IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, # 2 Exhibit A)(Young, Stanley) (Entered: 07/29/2022)

July 29, 2022

July 29, 2022

PACER

MINUTE ORDER granting 42 Motion for Leave to Appear Pro Hac Vice: Counsel, Matthew E. Delgado, 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 Jia M. Cobb on August 2, 2022. (lcjmc3)

Aug. 2, 2022

Aug. 2, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 2, 2022

Aug. 2, 2022

PACER
43

NOTICE OF WITHDRAWAL OF APPEARANCE as to VERONIQUE CASSONELL, MAYCO CELON, EMMANUEL DOE, ESTHER DOE, JACQUES DOE, PAUL DOE, SAMENTHA DOE, SAMUEL DOE, WILSON DOE, HAITIAN BRIDGE ALLIANCE, MIRARD JOSEPH, MADELEINE PROSPERE. Attorney Trillium Chang terminated. (Chang, Trillium) (Entered: 08/11/2022)

Aug. 11, 2022

Aug. 11, 2022

PACER
44

NOTICE OF WITHDRAWAL OF APPEARANCE by Caroline W. Tan as to CONNECTICUT, DISTRICT OF COLUMBIA, ILLINOIS, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, OREGON, RHODE ISLAND, VERMONT, WASHINGTON. (Tan, Caroline) Modified event title on 8/15/2022 (znmw). (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
45

NOTICE of Appearance by Caroline S. Van Zile on behalf of CONNECTICUT, DISTRICT OF COLUMBIA, ILLINOIS, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, OREGON, RHODE ISLAND, VERMONT, WASHINGTON (Van Zile, Caroline) (Entered: 08/15/2022)

Aug. 15, 2022

Aug. 15, 2022

PACER
46

NOTICE of Appearance by Matthew Erik Delgado on behalf of All Plaintiffs (Delgado, Matthew) (Main Document 46 replaced on 8/24/2022) (ztth). (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
47

Unopposed MOTION for Leave to File Excess Pages by XAVIER BECERRA, JOSEPH BIDEN, CENTERS FOR DISEASE CONTROL AND PREVENTION, PETE FLORES, TAE D. JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, RAUL ORTIZ, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, ROCHELLE P. WALENSKY. (Attachments: # 1 Text of Proposed Order)(Tepe, Sean) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
48

REPLY to opposition to motion re 28 MOTION to Dismiss filed by XAVIER BECERRA, JOSEPH BIDEN, CENTERS FOR DISEASE CONTROL AND PREVENTION, PETE FLORES, TAE D. JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, RAUL ORTIZ, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, ROCHELLE P. WALENSKY. (Tepe, Sean) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

RECAP

MINUTE ORDER granting 47 unopposed motion for leave to file excess pages. It is hereby ORDERED that The Government's Reply in Support of Motion to Dismiss may exceed the page limit set forth in Local Civil Rule 7(e) by eight additional pages. Signed by Judge Jia M. Cobb on 9/8/2022. (lcjmc3)

Sept. 8, 2022

Sept. 8, 2022

PACER

Order on Motion for Leave to File Excess Pages

Sept. 8, 2022

Sept. 8, 2022

PACER
49

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nicole Maile Phillips, Filing fee $ 100, receipt number ADCDC-9610375. Fee Status: Fee Paid. by VERONIQUE CASSONELL, MAYCO CELON, EMMANUEL DOE, ESTHER DOE, JACQUES DOE, PAUL DOE, SAMENTHA DOE, SAMUEL DOE, WILSON DOE, HAITIAN BRIDGE ALLIANCE, MIRARD JOSEPH, MADELEINE PROSPERE. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Bentrott, Jane) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

PACER

MINUTE ORDER granting 49 Motion for Leave to Appear Pro Hac Vice. Attorney Nicole Maile Phillips is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Jia M. Cobb on October 20, 2022. (lcjmc3)

Oct. 20, 2022

Oct. 20, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 20, 2022

Oct. 20, 2022

PACER
50

NOTICE OF CORRECTED MEMORANDUM AND EXHIBITS by VERONIQUE CASSONELL, MAYCO CELON, EMMANUEL DOE, ESTHER DOE, JACQUES DOE, PAUL DOE, SAMENTHA DOE, SAMUEL DOE, WILSON DOE, HAITIAN BRIDGE ALLIANCE, MIRARD JOSEPH, MADELEINE PROSPERE (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Sung, Esther) (Entered: 02/01/2023)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

Feb. 1, 2023

Feb. 1, 2023

RECAP

.Order AND ~Util - Set/Reset Deadlines

May 12, 2023

May 12, 2023

PACER

MINUTE ORDER. Plaintiffs filed a putative class action lawsuit making various challenges to (1) the "Title 42 Policy," which was implemented by HHS and the CDC in 2020 pursuant to the authority granted to the Executive in 42 U.S.C. § 265, and (2) the "Haitian Deterrence Policy," which is Plaintiffs' label for the way the Title 42 Policy has been applied to a certain population of Haitian migrants. Plaintiffs seek declaratory and injunctive relief to prevent the future implementation of those policies against both the individual Plaintiffs and similarly situated Haitian asylum seekers. It is the Court's understanding that the challenged policies formally expired yesterday, May 11, 2023, and are no longer in effect. Therefore, the Court ORDERS Plaintiffs to SHOW CAUSE, by June 2, 2023, why the case is not moot. If Plaintiffs maintain that some portion of their claims are not moot, the Court further ORDERS Plaintiffs to clarify which claims they plan to pursue, and what remedies they are seeking in light of recent developments. Signed by Judge Jia M. Cobb on May 12, 2023. (lcjmc3)

May 12, 2023

May 12, 2023

PACER
51

NOTICE of Appearance by Maura Sokol on behalf of All Plaintiffs (Sokol, Maura) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
52

Unopposed MOTION for Extension of Time to Respond to Order to Show Cause by VERONIQUE CASSONELL, MAYCO CELON, EMMANUEL DOE, ESTHER DOE, JACQUES DOE, PAUL DOE, SAMENTHA DOE, SAMUEL DOE, WILSON DOE, HAITIAN BRIDGE ALLIANCE, MIRARD JOSEPH, MADELEINE PROSPERE. (Hellgren, Tess) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
53

Response to Order to Show Cause

June 2, 2023

June 2, 2023

PACER

Order on Motion for Extension of Time to AND Set/Reset Deadlines

June 6, 2023

June 6, 2023

PACER
54

Notice of Withdrawal of Appearance

June 14, 2023

June 14, 2023

PACER
55

Leave to File Document

1 Supplemental Complaint

View on RECAP

2 Text of Proposed Order

View on PACER

June 16, 2023

June 16, 2023

PACER
56

Response to Order to Show Cause

June 16, 2023

June 16, 2023

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Presidential/Gubernatorial Authority

Key Dates

Filing Date: Dec. 20, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Haitian, or presumed Haitian, individuals who sought access to the U.S. asylum process in or around the CBP Encampment near the Del Rio Port of Entry between September 9 and 24, 2021, and were denied access to the U.S. asylum process.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

President of the United States, Federal

Secretary of Homeland Security, Federal

Commissioner for US Customs and Border Patrol, Federal

Acting Director of Immigration and Customs Enforcement, Federal

Secretary of US Department of Health and Human Services, Federal

Director of Center for Disease Control and Prevention, Federal

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Bathing and hygiene

Conditions of confinement

International law

Placement in shelters

Sanitation / living conditions

Totality of conditions

Discrimination Basis:

Immigration status

National origin discrimination

Race discrimination

Discrimination Area:

Disparate Treatment

Affected National Origin/Ethnicity(s):

Other

Affected Race(s):

Black

Immigration/Border:

Asylum - criteria

Asylum - procedure

Border police

Constitutional rights

Convention against Torture

Cuban/Haitian entrant

Deportation - criteria

Deportation - procedure

Detention - conditions

Detention - criteria

Detention - procedures

Undocumented immigrants - rights and duties

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities