Case: Fang v. Saldana

2:17-cv-02092 | U.S. District Court for the District of New Jersey

Filed Date: March 30, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case brought by noncitizen students facing immigration enforcement about the fallout from a U.S. Immigration and Customs Enforcement sting operation. The noncitizens had entered the U.S. on student visas, and had enrolled in the University of Northern New Jersey (UNNJ) to maintain their student visa status after graduating from other U.S. universities and beginning work. As it turned out, in April 2016 ICE revealed that the UNNJ was a fake university it created to investigate and pros…

This is a case brought by noncitizen students facing immigration enforcement about the fallout from a U.S. Immigration and Customs Enforcement sting operation. The noncitizens had entered the U.S. on student visas, and had enrolled in the University of Northern New Jersey (UNNJ) to maintain their student visa status after graduating from other U.S. universities and beginning work. As it turned out, in April 2016 ICE revealed that the UNNJ was a fake university it created to investigate and prosecute academic brokers who it believed were likely to commit visa fraud. The noncitizens were steered by such brokers to enroll in UNNJ, unaware that it was part of a sting operation. After ICE concluded its sting and shut down UNNJ, it summarily terminated the status of the students enrolled in the school -- more than 1,000 -- and found them to have knowingly participated in visa fraud. ICE then placed many of the students in removal proceedings because of the defective visa status. ICE had undertaken great effort to make UNNJ appear legitimate, including obtaining accreditation, having DHS approve it for participation in the student visa program, hiring a "President," maintaining office space, and creating active social media accounts on which ICE posted wedding pictures of two of the school's "alumni."

On November 18, 2016, three noncitizens who had enrolled in UNNJ filed this putative class action in the U.S. District Court for the Eastern District of New York against the Director of U.S. Immigration and Customs Enforcement (ICE), the Secretary of the U.S. Department Homeland Security (DHS), and the Director of U.S. Citizenship and Immigration Services (USCIS). The plaintiffs alleged that the summary visa terminations and fraud determinations violated their Fifth Amendment right to procedural due process and were arbitrary and capricious under the Administrative Procedures Act (APA). Represented by private counsel, the plaintiffs sought declaratory relief and orders requiring the immigration agencies to provide individualized fraud hearings and entrapment determinations without relying on UNNJ enrollment to indicate fraud. 

On December 9, 2016, the plaintiffs amended their complaint; because the amended complaint in this immigration-related action is not available via PACER, we don't know the details.  

On March 29, 2017, District Judge Eric N. Vitaliano transferred the case to the U.S. District Court for the District of New Jersey pursuant to 28 U.S.C. § 1404(a)'s voluntary transfer provision. The case was assigned to District Judge Jose L. Linares. 

On July 7, 2017, the DHS, ICE, and USCIS officials filed a motion to dismiss. Judge Linares that motion without prejudice on October 2, 2017. The court found that the noncitizen plaintiffs had applied to ICE for reinstatement of their visas, so the visa terminations were not final agency actions eligible for review under the APA. Further, the court found that the lack of finality made the noncitizens' claims not ripe for review because ICE proceedings were ongoing. In essence, the district court found that the noncitizens would need their applications for visa reinstatement to be denied for the court to review the determinations under the APA. 2017 WL 6453466. 

The plaintiffs appealed the dismissal to the U.S. Court of Appeals for the Third Circuit; the appeal was heard by Circuit Judges Theodore A. McKee, L. Felipe Restrepo, and Julio M. Fuentes. On August 15, 2019, the Third Circuit reversed the district court's dismissal and remanded the case there for further proceedings. Judge McKee wrote the unanimous panel opinion. The court of appeals held that the termination of the noncitizen students' visas was a final order eligible for review because it "marked the culmination of the agency's decisionmaking process." The conclusion followed from two findings: First, there was "no statutory or regulatory requirement that a student seek reinstatement after his or her F-1 visa has been terminated," and that even if the students elected to apply for reinstatement, those proceedings contained "no mechanism to review the propriety of the original termination order." Second, the finality of the terminations could not "depend on the institution of removal proceedings which may never occur" (because they are discretionary enforcement proceedings), and "in any event, immigration judges cannot review the original denial of reinstatement." And because the terminations were final, the controversy was ripe for consideration. 935 F.3d 172.  

On March 18, 2020, the noncitizen students filed a second amended complaint; again we don't have the details because it is not available on PACER. Over the next months, the parties litigated discovery. 

On April 28, 2021, the parties notified the court of settlement negotiations; the court scheduled meet-and-confers and status update deadlines. In light of these negotiations, on August 20, 2021, the court terminated the pending motions to dismiss, noting the officials could renew the motions if the settlement fell apart. On December 19, 2021, the parties filed a joint motion for preliminary class certification and settlement approval. 

The court preliminarily approved the settlement and settlement class on January 10, 2022, and scheduled a fairness hearing for May 2, 2022. The settlement would require the government to rescind the student visa termination letters; estop the government from asserting that UNNJ enrollment is grounds for inadmissiblity or deportability in future adjudications and removes the effect of any prior such assertion; require the government to agree that the students not be considered to have accrued unlawful presence/failure to maintain lawful status since the date of their UNNJ enrollments and 180 days from the settlement's effective date; dismiss any removal proceedings based on UNNJ enrollment; require DHS to adjudicate and, to the extent possible, grant visa reinstatements to former UNNJ students; and set timelines and notice requirements. 

The case is ongoing.  

Summary Authors

John Juenemann (2/22/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6207988/parties/fang-v-saldana/

Documents in the Clearinghouse

Document
1

1:16-cv-06422

Class Action Complaint for Injunctive and Declaratory Relief

U.S. District Court for the Eastern District of New York

Nov. 18, 2016

Nov. 18, 2016

Complaint
15

2:17-cv-02092

1:16-cv-06422

Order Transfering Venue

U.S. District Court for the Eastern District of New York

March 29, 2017

March 29, 2017

Order/Opinion
50

2:17-cv-02092

Opinion

Oct. 2, 2017

Oct. 2, 2017

Order/Opinion

2:17-cv-02092

17-cv-03318

Opinion of the Court

Fang v. Director United States Immigration & Customs Enforcement

U. S. Court of Appeals for the Third Circuit

935 F.3d 172

Aug. 15, 2019

Aug. 15, 2019

Order/Opinion

2:17-cv-02092

[Untitled]

U. S. Court of Appeals for the Third Circuit

935 F.3d 172

Aug. 15, 2019

Aug. 15, 2019

Order/Opinion

2:17-cv-02092

Proposed Settlement Agreement and Release

Dong v. Johnson

Nov. 22, 2021

Nov. 22, 2021

Settlement Agreement
133

2:17-cv-02092

Order Granting Joint Motion for Preliminary Class Certification and Preliminary Statement Approval

Dong v. Johnson

Jan. 10, 2022

Jan. 10, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6207988/fang-v-saldana/

Last updated June 5, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jeh Johnson, Leon Rodriguez, Sarah Saldana filing fee $ 400, receipt number 0207-9078320 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Jie Fang, Xiaoyu Zhang, Lifang Lin. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons Sarah Saldana, # 3 Proposed Summons Jeh Johnson, # 4 Proposed Summons Leon Rodriguez, # 5 Proposed Summons US Attorney General, # 6 Proposed Summons US Attorney) (Kurzban, Ira) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

Clearinghouse

NOTICE - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet (missing second page). Counsel is directed to forward a completed Civil Cover Sheet, answering all questions in NY-E Division of Business Rule 50.1(d)(2) section on the second page. This document can be found under the event Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla)

Nov. 21, 2016

Nov. 21, 2016

PACER

Notice (Other)

Nov. 21, 2016

Nov. 21, 2016

PACER
2

Civil Cover Sheet.. by Jie Fang, Lifang Lin, Xiaoyu Zhang (Kurzban, Ira) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER

Case Assigned to Judge Eric N. Vitaliano. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)

Nov. 22, 2016

Nov. 22, 2016

PACER

Case Assigned/Reassigned

Nov. 22, 2016

Nov. 22, 2016

PACER
3

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
4

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
5

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Davis, Kimberly) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
6

NOTICE of Appearance by Scott Dunn on behalf of All Defendants (aty to be noticed) (Dunn, Scott) (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER
7

NOTICE of Appearance by Melanie Dyani Hendry on behalf of All Defendants (aty to be noticed) (Hendry, Melanie) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
8

AMENDED COMPLAINT against Jeh Johnson, Leon Rodriguez, Sarah Saldana, filed by Xiaoyu Zhang, Jie Fang, Shaofu Li, Kaushalkumar Patel, Hirenkumar Patel. (Kurzban, Ira) (Entered: 12/09/2016)

Dec. 9, 2016

Dec. 9, 2016

PACER
9

MOTION for Leave to Appear Pro Hac Vice of Ian K. Shaw Filing fee $ 150, receipt number 0207-9128297. by Jie Fang, Shaofu Li, Hirenkumar Patel, Kaushalkumar Patel, Xiaoyu Zhang. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Shaw, Ian) (Entered: 12/09/2016)

Dec. 9, 2016

Dec. 9, 2016

PACER
10

MOTION for Leave to Appear Pro Hac Vice of Edward F. Ramos Filing fee $ 150, receipt number 0207-9128327. by Jie Fang, Shaofu Li, Hirenkumar Patel, Kaushalkumar Patel, Xiaoyu Zhang. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Ramos, Edward) (Entered: 12/09/2016)

Dec. 9, 2016

Dec. 9, 2016

PACER

ORDER granting 9 Motion for Leave to Appear Pro Hac Vice. Attorney Ian K. Shaw is permitted to appear Pro Hac Vice on behalf of plaintiffs in this matter. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Judge Eric N. Vitaliano on 12/15/2016. (Simeone, Julie)

Dec. 15, 2016

Dec. 15, 2016

PACER

ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. Attorney Edward F. Ramos is permitted to appear Pro Hac Vice on behalf of plaintiffs in this matter. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Judge Eric N. Vitaliano on 12/15/2016. (Simeone, Julie)

Dec. 15, 2016

Dec. 15, 2016

PACER

Order on Motion for Leave to Appear

Dec. 15, 2016

Dec. 15, 2016

PACER
11

SUMMONS Returned Executed by Xiaoyu Zhang, Shaofu Li, Jie Fang, Hirenkumar Patel, Kaushalkumar Patel. Jeh Johnson served on 11/28/2016, answer due 1/27/2017; Leon Rodriguez served on 11/28/2016, answer due 1/27/2017; Sarah Saldana served on 11/28/2016, answer due 1/27/2017. (Attachments: # 1 Proof of Service) (Kurzban, Ira) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER

ORDER. On or before 2/15/2017, defendants are directed to provide a brief status report regarding activity in Fang et al v. Saldana et al, 16-cv-6422. Ordered by Judge Eric N. Vitaliano on 2/8/2017. (Simeone, Julie)

Feb. 8, 2017

Feb. 8, 2017

PACER

Order

Feb. 8, 2017

Feb. 8, 2017

PACER
12

Letter Filed and dated February 14-2017 written in reponse to Court's Order tjhat parties provide a brief sttius report to the Court by February 15, 2017. by Sarah Saldana (Dunn, Scott) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER

ORDER. On or before 3/15/17, the parties are directed to provide a status report regarding activity in Fang et al v. Saldana et al, 16-cv-6422. Ordered by Judge Eric N. Vitaliano on 2/15/2017. (Simeone, Julie)

Feb. 15, 2017

Feb. 15, 2017

PACER

Order

Feb. 15, 2017

Feb. 15, 2017

PACER
13

Letter Filed and dated 3-15-17 by Sarah Saldana (Dunn, Scott) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
14

Letter Filed and dated with Attachments on March 24, 2016. The letter moves to transfer venue. by Sarah Saldana (Attachments: # 1 Order of The Immigration Judge, # 2 Order Transfering Venue) (Dunn, Scott) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
15

ORDER DISMISSING CASE, Case transferred to District of New Jersey. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. Ordered by Judge Eric N. Vitaliano on 3/28/2017. c/m (Galeano, Sonia) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

Clearinghouse
16

Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:16-cv-06422. Original file certified copy of transfer order and docket sheet received. (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
17

Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (jjc) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER

Judge Jose L. Linares and Magistrate Judge Joseph A. Dickson added. (eu, )

March 31, 2017

March 31, 2017

PACER

Add and Terminate Judges

March 31, 2017

March 31, 2017

PACER
18

NOTICE of Appearance by DANIEL WILLIAM MEYLER on behalf of All Defendants (Attachments: # 1 Certificate of Service)(MEYLER, DANIEL) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
19

Letter from Daniel W. Meyler. (Attachments: # 1 Certificate of Service)(MEYLER, DANIEL) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
20

TEXT ORDER: The parties are advised that an in person status conference is scheduled for 5/1/17 at 2:30 p.m.. So Ordered by Magistrate Judge Joseph A. Dickson on 4/11/17. (nm, ) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
21

TEXT ORDER: Counsel for defendant is to notify any counsel for plaintiff of the date and time of the status conference.. So Ordered by Magistrate Judge Joseph A. Dickson on 4/11/17. (nm, ) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
22

NOTICE of Appearance by THOMAS E. MOSELEY on behalf of All Plaintiffs (MOSELEY, THOMAS) (Entered: 04/26/2017)

April 26, 2017

April 26, 2017

PACER
23

APPLICATION/PETITION for Pro hac for by Jie Fang. (MOSELEY, THOMAS) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

PACER
24

APPLICATION/PETITION for by Jie Fang. (MOSELEY, THOMAS) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Initial Pretrial Conference/Status Conference held on 5/1/2017. Telephone status conference scheduled for 6/15/17 at 3:30 p.m. Counsel for plaintiff is to initiate the call to 973-645-2580. (nm, )

May 1, 2017

May 1, 2017

PACER

Pretrial Conference - Initial

May 1, 2017

May 1, 2017

PACER
25

ORDER granting Pro hac vice admission as to Ira J. Kurzban, Esq., and Ian k. Shaw, Esq. re 24 Application/Petition filed by Jie Fang. Signed by Magistrate Judge Joseph A. Dickson on 5/5/17. (cm, ) (Entered: 05/05/2017)

May 5, 2017

May 5, 2017

PACER

Pro Hac Vice fee: $ 150, receipt number NEW033244 as to Ira J. Kurzban, Esq. (cm, )

May 12, 2017

May 12, 2017

PACER

Pro Hac Vice fee: $ 150, receipt number NEW033245 as to Ian K. Shaw, Esq. (cm, )

May 12, 2017

May 12, 2017

PACER

Pro Hac Vice Fee Received

May 12, 2017

May 12, 2017

PACER
26

Letter from Thomas E. Moseley re Pretrial Conference - Initial,. (MOSELEY, THOMAS) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
27

Letter from U.S. Attorney's Office. (MEYLER, DANIEL) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
28

TEXT ORDER: Per the request of plaintiff's counsel, the telephone status conference scheduled for 6/15/17 at 3:30 p.m. has been changed to an in person status conference, Courtroom 2D, US Courthouse Building, 50 Walnut Street, Newark, NJ.. So Ordered by Magistrate Judge Joseph A. Dickson on 6/14/17. (nm, ) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
29

Letter from Thomas E. Moseley re 27 Letter, 28 Order, 26 Letter. (MOSELEY, THOMAS) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Status Conference held on 6/15/2017. (CD #ECR.) (nm, )

June 15, 2017

June 15, 2017

PACER

Status Conference

June 15, 2017

June 15, 2017

PACER
30

TEXT ORDER: Defendant to respond to complaint by 7/7/17. Telephone status conference scheduled for 9/7/17 at 11:30 a.m. Counsel for plaintiff is to initiate the call to 973-645-2580.. So Ordered by Magistrate Judge Joseph A. Dickson on 6/15/17. (nm, ) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
33

Transcript of Proceedings held on June 15, 2017, before Judge Joseph A. Dickson. Court Reporter/Transcriber KLJ Transcription Service, LLC (201-703-1670). (mfr) (Entered: 07/10/2017)

June 30, 2017

June 30, 2017

PACER
31

MOTION to Expedite Discovery by All Plaintiffs. (Attachments: # 1 Brief, # 2 Exhibit, # 3 Text of Proposed Order)(MOSELEY, THOMAS) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER

Set Deadlines as to 31 MOTION to Expedite Discovery. Motion set for 8/7/2017 before Chief Judge Jose L. Linares. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (cm, )

July 7, 2017

July 7, 2017

PACER
32

MOTION to Dismiss for Lack of Jurisdiction by THOMAS D. HOMAN, JOHN F. KELLY, JAMES MCCAMENT. Responses due by 7/24/2017 (Attachments: # 1 Brief, # 2 Declaration of Lisa L. Newman (Exhibit 1), # 3 Declaration of Kristina C. Ellsworth-Spooner (Exhibit 2), # 4 Declaration of Craig Vanderhoff (Exhibit 3), # 5 Declaration of Daniel W. Meyler (Exhibit 4), # 6 Text of Proposed Order, # 7 Certificate of Service)(MEYLER, DANIEL) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER

Set/Reset Motion and R&R Deadlines/Hearings

July 7, 2017

July 7, 2017

PACER

Set Deadlines as to 32 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 8/7/2017 before Chief Judge Jose L. Linares. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (cm, )

July 7, 2017

July 7, 2017

PACER
34

Letter from Thomas E. Moseley re 31 MOTION to Expedite Discovery, Set/Reset Motion and R&R Deadlines/Hearings, Set/Reset Motion and R&R Deadlines/Hearings, 32 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: # 1 Exhibit Proposed deposition notices)(MOSELEY, THOMAS) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
35

Letter from U.S. Attorney's Office re 34 Letter,. (Attachments: # 1 Certificate of Service)(MEYLER, DANIEL) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
36

Letter re 35 Letter. (MOSELEY, THOMAS) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
37

Text Order: I have read the letters on Plaintiffs Request to depose Defendants three declarants. (ECF No. 34, 35). The depositions will not go forward at this time because this Court wants additional letter briefing on the issue. The plaintiff shall address the scope of the requested depositions, which if to be considered at all, shall be limited. The Government shall, inter alia, in its response shall address the necessity of the District Courts consideration of the declarations at all in light of its arguments in ECF No. 35 that [d]etermining whether a notation in a government database constitutes a final agency action under the Administrative Procedures Act is a question of law. Plaintiffs letter shall be filed on or before July 18, 2017. The Government shall file its response on or before July 21, 2017. The return date to the motion to dismiss is now returnable on September 18, 2017. Plaintiffs response brief is due on or before September 5, 2017. Defendants reply brief is due on or before September 11, 2017. So Ordered by Magistrate Judge Joseph A. Dickson on 7/14/17. (nm, ) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
38

Letter from Thomas E. Moseley re 37 Order,,,,. (MOSELEY, THOMAS) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
39

Letter from U.S. Attorney's Office. (Attachments: # 1 Certificate of Service)(MEYLER, DANIEL) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
40

BRIEF in Opposition filed by THOMAS D. HOMAN, JOHN F. KELLY, JAMES MCCAMENT re 31 MOTION to Expedite Discovery (Attachments: # 1 Certificate of Service)(MEYLER, DANIEL) (Entered: 07/24/2017)

July 24, 2017

July 24, 2017

PACER
41

REPLY BRIEF to Opposition to Motion filed by All Plaintiffs re 31 MOTION to Expedite Discovery, 32 MOTION to Dismiss for Lack of Jurisdiction (MOSELEY, THOMAS) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
42

Letter from Defendants requesting adjournment of status conference and extension of briefing schedule. (Attachments: # 1 Certificate of Service)(MEYLER, DANIEL) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
43

Text Order: The parties are advised that an in-person conference has been scheduled for September 29, 2017 at 10 am. Furthermore, Plaintiff shall submit opposition to Defendant's motion to dismiss on or before September 15, 2017. The Government's reply is due on or before September 22, 2017.. So Ordered by Magistrate Judge Joseph A. Dickson on 8/18/17. (nm, ) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER

Remark: The parties are advised that the telephone conference scheduled for 9/7/17 has been cancelled. (nm, )

Sept. 6, 2017

Sept. 6, 2017

PACER

Remark

Sept. 6, 2017

Sept. 6, 2017

PACER
44

MEMORANDUM in Opposition filed by All Plaintiffs re 31 MOTION to Expedite Discovery, 32 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Certificate of Service)(MOSELEY, THOMAS) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
45

Letter from Government Defendants requesting one-week extension of the Government's time to file a reply brief. (Attachments: # 1 Certificate of Service)(MEYLER, DANIEL) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
46

Letter from Thomas E. Moseley re 45 Letter. (MOSELEY, THOMAS) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
47

ORDER granting Government a one week extension of time to file a reply brief in support of its motion to dismiss until 9/29/17, etc. re 45 Letter. Signed by Chief Judge Jose L. Linares on 9/20/17. (cm, ) (Entered: 09/21/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
48

REPLY BRIEF to Opposition to Motion filed by THOMAS D. HOMAN, JAMES MCCAMENT, ELAINE DUKE re 32 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(MEYLER, DANIEL) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Status Conference held on 9/29/2017. (CD #ECR.) (nm, )

Sept. 29, 2017

Sept. 29, 2017

PACER

Status Conference

Sept. 29, 2017

Sept. 29, 2017

PACER
49

TEXT ORDER - The parties shall meet and confer and provide the Court with both a joint status letter and a joint proposed discovery plan by 10/20/17. If the parties are unable to agree on the content of a joint status letter, they may submit individual status letters by 10/20/17.. So Ordered by Magistrate Judge Joseph A. Dickson on 9/29/17. (nm, ) (Entered: 10/02/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
50

OPINION. Signed by Chief Judge Jose L. Linares on 10/2/17. (cm, ) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

Clearinghouse
51

ORDER and JUDGMENT granting 32 Motion to Dismiss for Lack of Jurisdiction ***CIVIL CASE TERMINATED. Signed by Chief Judge Jose L. Linares on 10/2/17. (cm, ) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
52

NOTICE OF APPEAL as to 50 Opinion, 51 Order on Motion to Dismiss/Lack of Jurisdiction by Jie Fang, Shaofu Li, Lifang Lin, Hirenkumar Patel, Kaushalkumar Patel, Xiaoyu Zhang. Filing fee $ 505, receipt number 0312-8178375. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. Appeal Record due by 11/20/2017. (MOSELEY, THOMAS) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
53

USCA Case Number 17-3318 for 52 Notice of Appeal (USCA), filed by Hirenkumar Patel, Xiaoyu Zhang, Lifang Lin, Jie Fang, Shaofu Li, Kaushalkumar Patel. USCA Case Manager Tonya (Document Restricted - Court Only) (Tonya) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
54

TRANSCRIPT REQUEST by All Plaintiffs for proceedings held on None before Judge Linares.. (MOSELEY, THOMAS) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
55

USCA JUDGMENT as to 52 Notice of Appeal (USCA) filed by Hirenkumar Patel, Xiaoyu Zhang, Lifang Lin, Jie Fang, Shaofu Li, Kaushalkumar Patel. Vacated and Remanded the judgment/order of the District Court. (ca3kr) (Entered: 08/15/2019)

Aug. 15, 2019

Aug. 15, 2019

PACER
56

TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Esther Salas for all further proceedings. Judge Jose L. Linares no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 09/04/19. (aw, ) (Entered: 09/06/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER
57

TEXT ORDER: Telephone Conference has been scheduled for 10/2/2019 at 3:00 PM before Judge Esther Salas. Each party shall file a 3 page status letter by 9/27/2019. Plaintiff's counsel shall kindly coordinate the call. Please use phone number (973) 297-4887 for the call. So Ordered by Judge Esther Salas on 9/17/2019. (ps, ) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER
58

Letter from the U.S. Attorney's Office (status update). (Attachments: # 1 Exhibit A (Motion to Circuit Court))(MEYLER, DANIEL) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
59

TEXT ORDER: The Court is in receipt of Defendants letter (D.E. No. 58 ). The status conference scheduled for 10/2/2019 at 3:00 PM is cancelled. This matter will remain closed until the rehearing issue is resolved and the Third Circuit issues a mandate. So Ordered by Judge Esther Salas on 09/27/2019. (ek) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
60

STATUS REPORT by All Plaintiffs. (MOSELEY, THOMAS) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER

CLERK'S QUALITY CONTROL MESSAGE - The STATUS REPORT document number 60 submitted by Thomas E. Moseley on 09/27/2019 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorney's Name.) This submission will remain on the docket unless otherwise ordered by the court. (ek)

Sept. 30, 2019

Sept. 30, 2019

PACER

QC - Document Not Signed by Attorney

Sept. 30, 2019

Sept. 30, 2019

PACER
61

MANDATE of USCA issued. (Attachments: # 1 mandate letter, # 2 opinion)(ca3tmm, ) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER

Mandate Notice

Jan. 6, 2020

Jan. 6, 2020

PACER
62

Substitution of Attorney - Attorney DANIEL WILLIAM MEYLER terminated. Attorney KRUTI D. DHARIA for ELAINE DUKE,KRUTI D. DHARIA for THOMAS D. HOMAN,KRUTI D. DHARIA for JEH JOHNSON,KRUTI D. DHARIA for JOHN F. KELLY,KRUTI D. DHARIA for JAMES MCCAMENT,KRUTI D. DHARIA for LEON RODRIGUEZ,KRUTI D. DHARIA for Sarah Saldana added.. (DHARIA, KRUTI) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER

Pursuant to Local Rule 79.4, notice is hereby given of the Appellate ruling filed on 1/6/2020.. In the event that the mandate or judgment provides for costs or directs a disposition other than an affirmance, the prevailing party shall prepare and submit an order implementing the mandate or judgment. (dam, )

Jan. 6, 2020

Jan. 6, 2020

PACER
63

TEXT ORDER: The parties are advised that an in-person Conference is scheduled for 2/13/20 at 2:00 p.m. in Newark-Courtroom 2D before Magistrate Judge Joseph A. Dickson. The parties shall be prepared to discuss the next steps in moving this litigation forward. So Ordered by Magistrate Judge Joseph A. Dickson on 1/7/20. (jbb) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
64

Letter from Plaintiffs' counsel, Ira J. Kurzban and Thomas Moseley re Mandate Notice,. (Attachments: # 1 Text of Proposed Order)(MOSELEY, THOMAS) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
65

Letter from the Government in response to plaintiffs' January 17th letter. (DHARIA, KRUTI) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
66

TEXT ORDER: The Court is in receipt of the parties' recent correspondence. (ECF Nos. 64, 65). The 2/13/20 in-person conference will proceed as scheduled. The parties shall meet and confer prior to the 2/13/20 conference so that they are prepared to jointly propose and discuss the next steps in this litigation. So Ordered by Magistrate Judge Joseph A. Dickson on 1/22/2020. (tjd) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER

Order

Jan. 22, 2020

Jan. 22, 2020

PACER
67

Letter from Plaintiffs' counsel, requesting leave to withdraw the appearance of pro hac vice attorney Ian K. Shaw. (Attachments: # 1 Text of Proposed Order)(MOSELEY, THOMAS) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
68

ORDER granting Plaintiffs' request to withdraw attorney Ian K. Shaw as pro hac vice counsel for Plaintiffs in this action. Signed by Magistrate Judge Joseph A. Dickson on 2/6/2020. (sm) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Immigration and/or the Border

Education

Key Dates

Filing Date: March 30, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Noncitizen students

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Director, Federal

Director, Federal

Secretary, Federal

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process: Procedural Due Process

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2022 - 2022

Issues

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Status/Classification

Visas - procedures

Work authorization - procedures