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Case: Make the Road New York v. Cuccinelli

1:19-cv-07993 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 27, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the Trump administration’s reinterpretation of the Department of Homeland Security’s (DHS) “public charge” rule (“the Rule”). On August 27, 2019, the plaintiffs Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, and Catholic Legal Immigration Network filed this lawsuit in the U.S. District Court for the Southern District of New York. The case was assigned to Judge George B. Daniels. The plaintiffs sued…

This is a case challenging the Trump administration’s reinterpretation of the Department of Homeland Security’s (DHS) “public charge” rule (“the Rule”). On August 27, 2019, the plaintiffs Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, and Catholic Legal Immigration Network filed this lawsuit in the U.S. District Court for the Southern District of New York. The case was assigned to Judge George B. Daniels. The plaintiffs sued the Department of Homeland Security and United States Citizenship and Immigration Services alleging violations of the Administrative Procedure Act, the Rehabilitation Act of 1973, and the Constitution of the United States. The plaintiffs requested a declaratory judgment that DHS’s rule was unauthorized by law and unconstitutional and asked that the court vacate the Rule. The plaintiffs also sought both preliminary and permanent injunctions to block implementation or enforcement of the Rule.

The Rule implemented a provision of the Immigration and Nationality Act (“INA”), barring admission and lawful permanent residence to any noncitizen who immigration officials concluded was “likely to become a public charge.” DHS’s proposed rule would have narrowed a provision of the INA by reinterpreting the term “public charge,” and would have provided a new framework for assessing whether a noncitizen is likely at any time to become a public charge. On September 9, 2019, the plaintiffs moved to enjoin DHS from implementing the new Rule.

Judge Daniels granted the plaintiffs' September 9 motion. The court accordingly issued a nationwide preliminary injunction on October 11, 2019, preventing the Rule from taking effect. 419 F.Supp.3d 647. In its opinion explaining this order, the district court devoted most of its analysis to the plaintiffs’ likelihood of success on the two APA claims. Still, it found that all of the plaintiffs’ claims–that is, both of their claims under the APA, their claim under the Rehabilitation Act, and their Fifth Amendment constitutional claim–could support the preliminary injunction. So with regard to each claim, the court found that the plaintiffs demonstrated a likelihood of success on the merits, satisfied threshold requirements, and thus that a preliminary injunction was warranted. On November 29, 2019, DHS moved in the district court for a stay pending appeal to the United States Circuit Court for the Second Circuit. Judge Daniels, in light of his extant findings of the plaintiffs’ likelihood of success on the merits, denied the motion. The court entered an order to this effect on December 2, 2019. DHS then appealed to the Second Circuit on December 31, 2019.

DHS moved in the Second Circuit for a stay pending their appeal of the district court’s preliminary injunction, but the Second Circuit denied this motion on January 8, 2020. 2020 WL 95815. In its denial, the Second Circuit noted that it had expedited briefing and that “[a]s always, the merits panel as soon as constituted has full authority to consider the scope of the existing injunction.” Litigation continued in the district court: on February 14, 2020, DHS moved to dismiss the plaintiffs’ claims. And on March 3, 2020, the U.S. House of Representatives filed an amicus brief opposing the defendants’ motion to dismiss.

DHS filed a motion with the Supreme Court on January 13, 2020, still seeking a stay of the preliminary injunction. The Supreme Court granted this request and accordingly stayed the preliminary injunction pending the Second Circuit’s disposition of the defendants’ appeal “and any subsequent petition for certiorari.” DHS then implemented the Rule, which took effect on February 24, 2020. On April 13, 2020, the plaintiffs moved the Supreme Court to temporarily lift or modify its stay of the district court’s nationwide injunction in light of the COVID-19 pandemic. But on April 24, 2020, the Supreme Court denied this motion.

The plaintiffs filed a new motion with the district court on April 28, 2020, requesting a preliminary injunction and stay—or a temporary restraining order—for the duration of the COVID-19 national emergency. In an order released July 29, 2020, Judge Daniels addressed both this request for a new injunction and the defendants’ February 14 motion to dismiss. He rejected the defendants’ assertion that the plaintiffs failed to state a claim, as well as the defendants’ claim that the plaintiffs could not meet the jurisdictional requirements of standing and ripeness. On the other hand, Judge Daniels granted the plaintiffs’ motion for an injunction. He acknowledged the Supreme Court’s stay of the prior, October 2019 injunction, but explained that “[m]uch has significantly changed since January 27[, 2020.]” Accordingly, Judge Daniels found that the COVID-19 pandemic warranted temporary equitable relief and explained that such relief would take the form of a nationwide temporary injunction.

At this point in the litigation, the district court had granted two injunctions against the Rule: one on October 11, 2019 and the other on July 29, 2020. The Supreme Court had stayed the first of these injunctions but only pending appeal to the Second Circuit. Thus, the defendants appealed both injunctions to the Second Circuit. As to the first injunction, the Second Circuit agreed with the district court that a preliminary injunction was warranted. The court focused on the arguments that the Rule was unlawful (1) because it was contrary to the INA and (2) because it was arbitrary and capricious. The court explained that the plaintiffs showed a likelihood of success on both arguments, making preliminary relief appropriate. That said, the court modified the scope of the district court’s injunction to cover only the states of New York, Connecticut, and Vermont. This opinion was released on August 4, 2020, followed by an administrative order implementing the opinion on August 12, 2020. 969 F.3d 42.

As to the second injunction issued on July 29, the district court made that decision upon finding that the COVID-19 pandemic heightened the need for a stay of the Rule. The Second Circuit concluded that the district court lacked jurisdiction to enter this second preliminary injunction while appeal of the district court’s first, virtually identical injunction was pending before the Second Circuit. Thus, on September 11, 2020, the Second Circuit granted the defendants’ motion to stay the second injunction.

The plaintiffs amended their complaint on October 2, 2020. The defendants then filed a petition for writ of certiorari with the Supreme Court on October 7, 2020, challenging the Second Circuit’s August 4 affirmation of the district court’s injunction. The Supreme Court agreed to hear the case on February 22, 2021. But on March 9, 2021, DHS formally abandoned the Rule. That same day, at all parties' requests, the Supreme Court dismissed the pending petition from this case.

On February 24, 2022, DHS published a notice of proposed rulemaking that would potentially raise questions like those raised by the Rule. And later in 2022, DHS announced its intention to promulgate a new public charge rule. The plaintiffs have therefore moved for multiple extensions of the district court’s stay; the court has granted all of them thus far. The court most recently extended the stay until November 17, 2022, and required the parties to file a joint status letter by November 11, 2022.

Summary Authors

Hank Minor (9/23/2022)

Documents in the Clearinghouse

Document
1

1:19-cv-07993

Complaint

Aug. 27, 2019

Aug. 27, 2019

Complaint
147

1:19-cv-07993

Memorandum Decision and Order

Oct. 11, 2019

Oct. 11, 2019

Order/Opinion

On Application for Stay

Supreme Court of the United States

Jan. 27, 2020

Jan. 27, 2020

Order/Opinion
189-1

1:19-cv-07993

Brief of United States House of Representatives as Amicus Curiae in Opposition to Defendants Motion to Dismiss

March 20, 2020

March 20, 2020

Pleading / Motion / Brief
221

1:19-cv-07993

Memorandum Decision and Order

July 29, 2020

July 29, 2020

Order/Opinion

12-03591

19-03595

Opinion

State of New York v. U.S. Department of Homeland Security

U. S. Court of Appeals for the Second Circuit

Aug. 4, 2020

Aug. 4, 2020

Order/Opinion

12-03591

19-03595

Opinion

State of New York v. U.S. Department of Homeland Security

U. S. Court of Appeals for the Second Circuit

Sept. 11, 2020

Sept. 11, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16115562/make-the-road-new-york-v-cuccinelli/

Last updated Sept. 19, 2022, 9:33 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Ken Cuccinelli, Kevin K. McAleenan, United States Citizenship & Immigration Services, United States Department of Homeland Security. (Filing Fee $ 400.00, Receipt Number ANYSDC-17497324)Document filed by Make the Road New York, Catholic Charities Community Services (Archdiocese of New York), Asian American Federation, African Services Committee, Catholic Legal Immigration Network, Inc..(Hurwitz, Jonathan) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

Clearinghouse
2

CIVIL COVER SHEET filed. (Hurwitz, Jonathan) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

PACER
3

STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-07777 (GBD). Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York.(Hurwitz, Jonathan) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

RECAP
4

REQUEST FOR ISSUANCE OF SUMMONS as to Ken Cuccinelli, in his official capacity as Acting Director of United States Citizenship and Immigration Services, re: 1 Complaint,. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Hurwitz, Jonathan) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, re: 1 Complaint,. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Hurwitz, Jonathan) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to Kevin K. McAleenan, in his official capacity as Acting Secretary of Department of Homeland Security, re: 1 Complaint,. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Hurwitz, Jonathan) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Hurwitz, Jonathan) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

PACER
8

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Make the Road New York.(Hurwitz, Jonathan) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

PACER
9

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by African Services Committee.(Hurwitz, Jonathan) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

PACER
10

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Asian American Federation.(Hurwitz, Jonathan) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

PACER
11

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Catholic Charities, Archdiocese of New York for Catholic Charities Community Services (Archdiocese of New York). Document filed by Catholic Charities Community Services (Archdiocese of New York).(Hurwitz, Jonathan) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

PACER
12

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Catholic Legal Immigration Network, Inc..(Hurwitz, Jonathan) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

PACER
13

NOTICE OF APPEARANCE by Andrew James Ehrlich on behalf of African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Ehrlich, Andrew) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
14

NOTICE OF APPEARANCE by Daniel Shiah Sinnreich on behalf of African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Sinnreich, Daniel) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
15

NOTICE OF APPEARANCE by Robert Joseph O'Loughlin, III on behalf of African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (O'Loughlin, Robert) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
16

ELECTRONIC SUMMONS ISSUED as to United States Citizenship & Immigration Services. (pc) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
17

ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (pc) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
18

ELECTRONIC SUMMONS ISSUED as to Ken Cuccinelli. (pc) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
19

ELECTRONIC SUMMONS ISSUED as to Kevin K. McAleenan. (pc) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER

CASE REFERRED TO Judge George B. Daniels as possibly related to 19cv7777. (pc)

Aug. 28, 2019

Aug. 28, 2019

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pc)

Aug. 28, 2019

Aug. 28, 2019

PACER

Case Designated ECF. (pc)

Aug. 28, 2019

Aug. 28, 2019

PACER
20

NOTICE OF APPEARANCE by Susan Joan Cameron on behalf of African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Cameron, Susan) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
21

NOTICE OF APPEARANCE by Ghita Schwarz on behalf of African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Schwarz, Ghita) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
22

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Service was made by Mail. Document filed by Make the Road New York, Catholic Charities Community Services (Archdiocese of New York), Asian American Federation, African Services Committee, Catholic Legal Immigration Network, Inc.. (Hurwitz, Jonathan) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
23

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Service was made by Mail. Document filed by Make the Road New York, Catholic Charities Community Services (Archdiocese of New York), Asian American Federation, African Services Committee, Catholic Legal Immigration Network, Inc.. (Hurwitz, Jonathan) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
24

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Service was made by Mail. Document filed by Make the Road New York, Catholic Charities Community Services (Archdiocese of New York), Asian American Federation, African Services Committee, Catholic Legal Immigration Network, Inc.. (Hurwitz, Jonathan) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

RECAP
25

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Service was made by Mail. Document filed by Make the Road New York, Catholic Charities Community Services (Archdiocese of New York), Asian American Federation, African Services Committee, Catholic Legal Immigration Network, Inc.. (Hurwitz, Jonathan) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

RECAP
26

NOTICE OF APPEARANCE by Kathleen Mary Kelleher on behalf of African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Kelleher, Kathleen) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

RECAP
27

NOTICE OF APPEARANCE by Brittany Thomas on behalf of African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Thomas, Brittany) (Entered: 09/04/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER
28

INITIAL PRETRIAL CONFERENCE: This case has been designated an electronic case and has been assigned to this Court for all purposes. Counsel for all parties are required to promptly register as filing "USERS" in accordance with the procedure for Electronic Case Filing. Counsel for all parties are hereby directed to attend a conference at the time and place fixed below, for the purpose of Case Management and scheduling pursuant to Fed. R. Civ. P. 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures, and to furnish chambers with a copy of any transmittal letter(s). If you are unaware of the identity of counsel for any of the parties, you must forthwith send a copy of the notice and rules to that party personally. An Initial pretrial conference will be held on Tuesday, September 24, 2019 at 10:30 a.m. at the United States District Courthouse, 500 Pearl Street, New York, New York, Courtroom 11A. So Ordered. (Initial Conference set for 9/24/2019 at 10:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 9/5/19) (yv) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
29

LETTER MOTION for Leave to File Excess Pages addressed to Judge George B. Daniels from Jonathan H. Hurwitz dated September 5, 2019. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York.(Hurwitz, Jonathan) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER

Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (ad)

Sept. 5, 2019

Sept. 5, 2019

PACER

NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Unassigned is no longer assigned to the case. (ad)

Sept. 5, 2019

Sept. 5, 2019

PACER

CASE ACCEPTED AS RELATED. Create association to 1:19-cv-07777-GBD. Notice of Assignment to follow. (ad)

Sept. 5, 2019

Sept. 5, 2019

PACER
30

NOTICE OF APPEARANCE by Joshua Kolsky on behalf of Ken Cuccinelli, Kevin K. McAleenan, United States Citizenship & Immigration Services, United States Department of Homeland Security. (Kolsky, Joshua) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
31

LETTER RESPONSE to Motion addressed to Judge George B. Daniels from Joshua M. Kolsky dated September 6, 2019 re: 29 LETTER MOTION for Leave to File Excess Pages addressed to Judge George B. Daniels from Jonathan H. Hurwitz dated September 5, 2019. . Document filed by Ken Cuccinelli, Kevin K. McAleenan, United States Citizenship & Immigration Services, United States Department of Homeland Security. (Kolsky, Joshua) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
32

ORDER granting 29 Letter Motion for Leave to File Excess Pages. The page limit for Plaintiffs' memorandum of law in support of their motion for a preliminary injunction is extended to 40 pages. (Signed by Judge George B. Daniels on 9/6/2019) (tro) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
33

ORDER: The page limit for Plaintiffs' memorandum of law in support of their motion for a preliminary injunction is extended to 40 pages. SO ORDERED. (Signed by Judge George B. Daniels on 9/6/2019) (jca) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

RECAP
34

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 38 Motion) - MOTION for Preliminary Injunction . Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York.(Herzog, Steven) Modified on 9/11/2019 (db). (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
35

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 39 Memorandum) - MEMORANDUM OF LAW in Support re: 34 MOTION for Preliminary Injunction . . Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Herzog, Steven) Modified on 9/11/2019 (db). (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
36

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 40 Declaration) - DECLARATION of Diane Schanzenbach, Ph.D. in Support re: 34 MOTION for Preliminary Injunction . Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Attachments: # 1 Exhibit A - CV)(Herzog, Steven) Modified on 9/11/2019 (db). (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
37

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 41 Declaration) - DECLARATION of Ryan Allen in Support re: 34 MOTION for Preliminary Injunction . Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Attachments: # 1 Exhibit A - CV, # 2 Exhibit B - Tables)(Herzog, Steven) Modified on 9/11/2019 (db). (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
38

MOTION for Preliminary Injunction . Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York.(Hurwitz, Jonathan) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

RECAP
39

MEMORANDUM OF LAW in Support re: 38 MOTION for Preliminary Injunction . . Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Hurwitz, Jonathan) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

RECAP
40

DECLARATION of Diane Schanzenbach, Ph.D. in Support re: 38 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Attachments: # 1 Exhibit A - CV)(Hurwitz, Jonathan) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
41

DECLARATION of Ryan Allen, Ph.D. in Support re: 38 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Attachments: # 1 Exhibit A - CV, # 2 Exhibit B - Tables)(Hurwitz, Jonathan) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

RECAP
42

DECLARATION of Leighton Ku, Ph.D., M.P.H. in Support re: 38 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Attachments: # 1 Exhibit CV)(Hurwitz, Jonathan) (Entered: 09/09/2019)

1 Exhibit CV

View on PACER

Sept. 9, 2019

Sept. 9, 2019

PACER
43

DECLARATION of Theo Oshiro in Support re: 38 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Attachments: # 1 Exhibit A - Comment)(Hurwitz, Jonathan) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
44

DECLARATION of C. Mario Russell in Support re: 38 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Attachments: # 1 Exhibit A - Comment)(Hurwitz, Jonathan) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
45

DECLARATION of Jennifer L. Van Hook, Ph.D. in Support re: 38 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Attachments: # 1 Exhibit A - Figures and Tables, # 2 Exhibit B - Publications, # 3 Exhibit C - CV)(Hurwitz, Jonathan) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
46

DECLARATION of Kim Nichols in Support re: 38 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Attachments: # 1 Exhibit A - Comment)(Hurwitz, Jonathan) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
47

DECLARATION of Jo-Ann Yoo in Support re: 38 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Attachments: # 1 Exhibit A - Comment)(Hurwitz, Jonathan) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
48

DECLARATION of Charles Wheeler in Support re: 38 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Attachments: # 1 Exhibit A - Comment)(Hurwitz, Jonathan) (Entered: 09/10/2019)

1 Exhibit A - Comment

View on PACER

Sept. 10, 2019

Sept. 10, 2019

PACER
49

DECLARATION of Haeyoung Yoon in Support re: 38 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Hurwitz, Jonathan) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
50

DECLARATION of Robert J. O'Loughlin in Support re: 38 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Attachments: # 1 Exhibit 1-Final Rule, # 2 Exhibit 2-Article, # 3 Exhibit 3-Article, # 4 Exhibit 4-Article, # 5 Exhibit 5-NPRM, # 6 Exhibit 6-Bill, # 7 Exhibit 7-Bill, # 8 Exhibit 8-Bill Excerpts, # 9 Exhibit 9-Debate Excerpts, # 10 Exhibit 10-Comment, # 11 Exhibit 11-Table, # 12 Exhibit 12-Yearbook, # 13 Exhibit 13-Book Excerpts, # 14 Exhibit 14-Article, # 15 Exhibit 15-Article, # 16 Exhibit 16-Report Excerpts, # 17 Exhibit 17-Report Excerpts, # 18 Exhibit 18-Bill Excerpts, # 19 Exhibit 19-Bill Excerpts, # 20 Exhibit 20-Comment, # 21 Exhibit 21-Bill Excerpts, # 22 Exhibit 22-Debate Excerpts, # 23 Exhibit 23-Report Excerpts, # 24 Exhibit 24-Debate Excerpts, # 25 Exhibit 25-Bill Excerpts, # 26 Exhibit 26-Field Guidance, # 27 Exhibit 27-Proposed Regulation, # 28 Exhibit 28-Article, # 29 Exhibit 29-Comment, # 30 Exhibit 30-Article, # 31 Exhibit 31-Article, # 32 Exhibit 32-Article, # 33 Exhibit 33-Memorandum, # 34 Exhibit 34-Emails, # 35 Exhibit 35-Emails, # 36 Exhibit 36-Bill, # 37 Exhibit 37-Comment, # 38 Exhibit 38-I-944 Form, # 39 Exhibit 39-Article, # 40 Exhibit 40-Article, # 41 Exhibit 41-Article, # 42 Exhibit 42-Article, # 43 Exhibit 43-Economic Analysis, # 44 Exhibit 44-Regulatory Impact Analysis, # 45 Exhibit 45-E.Bay Santuary Covenant V. Barr)(Hurwitz, Jonathan) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

RECAP
51

MOTION for Christopher J. Frisina to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17572890. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Deans, Chairs, and Scholars, American Public Health Association, American Academy of Nursing. (Attachments: # 1 Text of Proposed Order)(Frisina, Christopher) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
52

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Phillip A. Escoriaza to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17573044. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Academy of Nursing, American Public Health Association, Deans, Chairs, and Scholars. (Attachments: # 1 Text of Proposed Order)(Escoriaza, Phillip) Modified on 9/10/2019 (wb). (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
53

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Edward T. Waters to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17573094. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Academy of Nursing, American Public Health Association, Deans, Chairs, and Scholars. (Attachments: # 1 Text of Proposed Order)(Waters, Edward) Modified on 9/10/2019 (wb). (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
54

MOTION to File Amicus Brief . Document filed by American Academy of Nursing, American Public Health Association, Deans, Chairs, and Scholars. (Attachments: # 1 Exhibit Proposed Amici Brief, # 2 Text of Proposed Order)(Waters, Edward) (Entered: 09/10/2019)

1 Exhibit Proposed Amici Brief

View on PACER

2 Text of Proposed Order

View on RECAP

Sept. 10, 2019

Sept. 10, 2019

RECAP
55

NOTICE OF APPEARANCE by Susan Elizabeth Welber on behalf of African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York. (Welber, Susan) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
56

NOTICE OF APPEARANCE by Russell Laurence Hirschhorn on behalf of Justice in Aging, American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, The National Asian Pacific Center on Aging, National Council on Aging, National Hispanic Council on Aging, MAZON, PHI. (Hirschhorn, Russell) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
57

MOTION for Owen T. Masters to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17576321. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, Justice in Aging, MAZON, National Council on Aging, National Hispanic Council on Aging, PHI, The National Asian Pacific Center on Aging. (Attachments: # 1 Text of Proposed Order)(Masters, Owen) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
58

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Denny Chan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17576471. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, Justice in Aging, MAZON, National Council on Aging, National Hispanic Council on Aging, PHI, The National Asian Pacific Center on Aging. (Attachments: # 1 Text of Proposed Order)(Chan, Denny) Modified on 9/11/2019 (wb). (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
59

MOTION for Leave to File Brief of Amici Curiae . Document filed by American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, Justice in Aging, MAZON, National Council on Aging, National Hispanic Council on Aging, PHI, The National Asian Pacific Center on Aging. (Attachments: # 1 Memorandum in Support, # 2 Proposed Brief, # 3 Text of Proposed Order)(Hirschhorn, Russell) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
60

NOTICE OF APPEARANCE by Jared Alexander Levine on behalf of Asian Americans Advancing Justice/Asian American Legal Defense and Education Fund/National Women's Law Center. (Levine, Jared) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
61

NOTICE OF APPEARANCE by Anne Elise Li on behalf of Asian Americans Advancing Justice/Asian American Legal Defense and Education Fund/National Women's Law Center. (Li, Anne) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
62

LETTER MOTION to File Amicus Brief addressed to Judge George B. Daniels from Jared A. Levine, Esq. dated 9/10/2019. Document filed by Asian Americans Advancing Justice/Asian American Legal Defense and Education Fund/National Women's Law Center. (Attachments: # 1 Proposed amicus brief)(Levine, Jared) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Sept. 10, 2019

Sept. 10, 2019

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 53 MOTION for Edward T. Waters to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17573094. Motion and supporting papers to be reviewed by Clerk's Office staff., 52 MOTION for Phillip A. Escoriaza to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17573044. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of New York, Puerto Rico, Virginia and Connecticut;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)

Sept. 10, 2019

Sept. 10, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 51 MOTION for Christopher J. Frisina to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17572890. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Sept. 10, 2019

Sept. 10, 2019

PACER
63

ORDER granting 51 Motion for Christopher J. Frisina to Appear Pro Hac Vice. The motion of Christopher J. Frisina for admission to practice Pro Hac Vice in the above captioned case is GRANTED. IT IS HEREBY ORDERED that Mr. Frisina is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge George B. Daniels on 9/11/19) (yv) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
64

ORDER FOR ADMISSION PRO HAC VICE granting 57 Motion for Owen T. Masters to Appear Pro Hac Vice. The motion of Owen T. Masters for admission to practice Pro Hae Vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge George B. Daniels on 9/11/19) (yv) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
65

ORDER. Upon consideration of amici Deans, Chairs, and Scholars; the American Public Health Association; and the American Academy of Nursing's motion for leave to file an amici curiae brief in support of Plaintiffs, (ECF No. 54), it is hereby ORDERED that the motion is GRANTED. So ordered. Granting 54 Motion to File Amicus Brief. (Signed by Judge George B. Daniels on 9/11/2019) (rjm) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
66

ORDER granting 62 Letter Motion to File Amicus Brief. Upon consideration of amici Asian Americans Advancing Justice, AAJC, Asian American Legal Defense and Education Fund, National Women's Law Center, and 57 other organizations' motion for leave to file an amici curiae brief in support of Plaintiffs, (ECF No. 62), it is hereby ORDERED that the motion is GRANTED. SO ORDERED. (Signed by Judge George B. Daniels on 9/11/2019) (ama) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
67

ORDER: granting 59 Motion for Leave to File Document. Upon consideration of amici Justice in Aging, American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, The National Asian Pacific Center on Aging, National Council on Aging, National Hispanic Council on Aging, MAZON, and PHI's motion for leave to file an amici curiae brief in support of Plaintiffs, (ECF No. 59), it is hereby ORDERED that the motion is GRANTED. (Signed by Judge George B. Daniels on 9/11/2019) (ama) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
68

MOTION to File Amicus Brief . Document filed by Congressional Tri-Caucus. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(Bullerjahn, Caroline) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
69

MOTION for Kristyn Marie DeFilipp to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583852. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Health Law Advocates et al.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(DeFilipp, Kristyn) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
70

MOTION for Justin Lowe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583930. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Health Law Advocates et al.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(DeFilipp, Kristyn) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
71

MOTION for Wendy Ellen Parmet to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583976. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Health Law Advocates et al.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(DeFilipp, Kristyn) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
72

MOTION for Andrew Paul Cohen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17584011. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Health Law Advocates et al.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(DeFilipp, Kristyn) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
73

MOTION for Andrew London to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17584034. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Health Law Advocates et al.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(DeFilipp, Kristyn) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
74

MOTION for Emily Joanne Nash to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17584043. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Health Law Advocates et al.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(DeFilipp, Kristyn) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
75

MOTION to File Amicus Brief . Document filed by Health Law Advocates et al.. (Attachments: # 1 Exhibit 1)(DeFilipp, Kristyn) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
76

LETTER addressed to Judge George B. Daniels from Steven C. Herzog dated September 11, 2019 re: Requesting to be Removed from the Docket. Document filed by African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Make the Road New York.(Herzog, Steven) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 58 MOTION for Denny Chan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17576471. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)

Sept. 11, 2019

Sept. 11, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 57 MOTION for Owen T. Masters to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17576321. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Sept. 11, 2019

Sept. 11, 2019

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Sept. 11, 2019

Sept. 11, 2019

PACER
77

MOTION for Regan Bailey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17587804. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, Justice in Aging, MAZON, National Council on Aging, National Hispanic Council on Aging, PHI, The National Asian Pacific Center on Aging. (Attachments: # 1 Text of Proposed Order)(Bailey, Regan) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
78

ORDER granting 68 Motion to File Amicus Brief. Upon consideration of amici Members of Congress Judy Chu, Chair of the CAP AC, Adriano Espaillat, CHC Whip, Yvette D. Clarke, Chair of the CBC Immigration Task Force, Joaquin Castro, Chair of the CHC, Karen Bass, Chair of the CBC, Pramila Jayapal, Chair of the CAPAC Immigration Task Force, Barbara Lee, Co-Chair of the CAPAC Healthcare Task Force, et al.'s motion for leave to file an amici curiae brief in support of Plaintiffs, (ECF No. 68), it is hereby ORDERED that the motion is GRANTED. (Signed by Judge George B. Daniels on 9/12/2019) (rro) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
79

ORDER FOR ADMISSION PRO HAC VICE granting 72 Motion for Andrew Paul Cohen to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/12/2019) (rjm) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
80

MEMO ENDORSEMENT on re: 76 Letter, filed by Catholic Legal Immigration Network, Inc., Asian American Federation, African Services Committee, Make the Road New York, Catholic Charities Community Services (Archdiocese of New York). ENDORSEMENT: SO ORDERED. (Attorney Steven Craig Herzog terminated.) (Signed by Judge George B. Daniels on 9/12/2019) (rro) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
81

ORDER FOR ADMISSION PRO HAC VICE granting 70 Motion for Justin J. Lowe to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/12/2019) (rjm) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
82

ORDER FOR ADMISSION PRO HAC VICE granting 71 Motion for Wendy E. Parmet to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/12/2019) (rjm) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
83

ORDER FOR ADMISSION PRO HAC VICE granting 74 Motion for Emily Joanne Nash to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/12/2019) (kv) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
84

ORDER granting 75 Motion to File Amicus Brief: Upon consideration of amici Health Law Advocates, Health Care For All, the Massachusetts Law Reform Institute, Northeastern University's Center for Health Policy and Law, Public Health Law Watch, and Health in Justice Action Lab, Northwest Health Law Advocates, Charlotte Center for Legal Advocacy, the Latino Coalition for a Healthy California, the California Pan-Ethnic Health Network, Korean Community Center of the East Bay, the California Immigrant Policy Center, the Kentucky Equal Justice Center, the Michigan Immigrant Rights Center, the Florida Health Justice Project, the Maine Immigrant Rights Coalition, the New York Immigration Coalition, Community Healthcare Network, the Arab Community Center for Economic and Social Services, Treatment Action Group, Families USA, UMass Memorial Health Care, Inc., and Community Catalyst's motion for leave to file an amici curiae brief in support of Plaintiffs, (ECF No. 75), it is hereby ORDERED that the motion is GRANTED. (Signed by Judge George B. Daniels on 9/12/2019) (jwh) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
85

ORDER FOR ADMISSION PRO HAC VICE granting 73 Motion for Andrew London to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/12/2019) (kv) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
86

MOTION for Sarah M. Ray to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17592956. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, Center for Public Representation, American Association of People with Disabilities, Association of University Centers on Disabilities, Autistic Self Advocacy Network, Civil Rights Education and Enforcement Center, Coelho Center for Disability Law, Policy and Innovation, Disability Rights Advocates, Disability Rights Education and Defense Fund, Disability Rights New York, Judge David L. Bazelon Center for Mental Health Law, Little Lobbyists, Mental Health America, National Association of Councils on Developmental Disabilities, National Council on Independent Living, National Disability Rights Network, National Federation of the Blind, New York Civil Liberties Union, The Arc of United States, United Spinal Association. (Attachments: # 1 Affidavit of Sarah M. Ray in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Ray, Sarah) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
87

MOTION for Kyle A. Virgien to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17592979. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Association of People with Disabilities, American Civil Liberties Union, Association of University Centers on Disabilities, Autistic Self Advocacy Network, Center for Public Representation, Civil Rights Education and Enforcement Center, Coelho Center for Disability Law, Policy and Innovation, Disability Rights Advocates, Disability Rights Education and Defense Fund, Disability Rights New York, Judge David L. Bazelon Center for Mental Health Law, Little Lobbyists, Mental Health America, National Association of Councils on Developmental Disabilities, National Council on Independent Living, National Disability Rights Network, National Federation of the Blind, New York Civil Liberties Union, The Arc of United States, United Spinal Association. (Attachments: # 1 Affidavit of Kyle A. Virgien in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Virgien, Kyle) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
88

MOTION for Charles Ferer Sprague to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17592997. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Association of People with Disabilities, American Civil Liberties Union, Association of University Centers on Disabilities, Autistic Self Advocacy Network, Center for Public Representation, Civil Rights Education and Enforcement Center, Coelho Center for Disability Law, Policy and Innovation, Disability Rights Advocates, Disability Rights Education and Defense Fund, Disability Rights New York, Judge David L. Bazelon Center for Mental Health Law, Little Lobbyists, Mental Health America, National Association of Councils on Developmental Disabilities, National Council on Independent Living, National Disability Rights Network, National Federation of the Blind, New York Civil Liberties Union, The Arc of United States, United Spinal Association. (Attachments: # 1 Affidavit of Charles Ferer Sprague in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Sprague, Charles) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 27, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, and Catholic Legal Immigration Network are public interest groups that work with immigrants to the United States.

Plaintiff Type(s):

Non-profit religious organization

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security (- United States (national) -), Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2019 - 2022

Content of Injunction:

Preliminary relief granted

Issues

Discrimination-basis:

Disability (inc. reasonable accommodations)

Immigration status

National origin discrimination

Race discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Deportation - criteria

Deportation - procedure