Case: Arizona v. Department of Homeland Security

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Filing fee received: $ 402.00, receipt number 0970-19123665 filed by Mark Brnovich, Arizona, State of. (Roysden, Brunn) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(MCO) (Entered: 02/03/2021)

1 Civil Cover Sheet

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2 Exhibit

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SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(MCO) (Entered: 02/03/2021)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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Filing fee paid, receipt number 0970-19123665. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-21-186-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) (Entered: 02/03/2021)

NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Mark Brnovich, Arizona, State of. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO) (Entered: 02/03/2021)

Summons Issued as to Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/03/2021)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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Notice of Deficiency (Text Only)

ORDER OF RECUSAL - IT IS ORDERED this case be reassigned, by lot, to another judge in the District of Arizona. IT IS FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable Eileen S. Willett. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-21-00186-PHX-ESW. Signed by Judge Douglas L Rayes on 02/04/2021. (MHW) (Entered: 02/04/2021)

Magistrate Election Form Deadline. (Attachments: # 1 Consent Form)(MAP) (Entered: 02/05/2021)

1 Consent Form

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Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 02/05/2021)

MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Susan R Bolton. All further pleadings/papers should now list the following COMPLETE case number: CV-21-186-PHX-SRB. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 02/05/2021)

25 Pct Mag - Election to Assign Case to District Judge

~Util - Add and Terminate Judges AND Minute Order

*SERVICE EXECUTED United States of America( c/o US Attorney-District of Arizona) on 2/5/2021; United States Department of Homeland Security, Troy Miller, Alejandro Mayorkas, United States of America (c/o Attorney General and Brian M Boynton-Acting Assistant AG), and Tae Johnson on 2/8/2021 NOTICE of Mailing to Tracy Renaud (as of the date of this filing the Summons/Complaint are in transit) by Arizona, State of, Mark Brnovich (Attachments: # 1 Exhibit 1)(Roysden, Brunn) *Modified to correct event on 3/9/2021 (MHW). (Entered: 03/08/2021)

AMENDED COMPLAINT against All Defendants filed by Mark Brnovich, Arizona, State of, Montana, State of. (Attachments: # 1 Exhibit Exhibits to Amended Complaint)(Napolitano, Anthony) (Entered: 03/08/2021)

1 Exhibit Exhibits to Amended Complaint

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* MOTION for Preliminary Injunction by Arizona, State of, Mark Brnovich, Montana, State of. (Attachments: # 1 Exhibit Exhibits L-O, # 2 Text of Proposed Order)(Napolitano, Anthony) *Modified to terminate. Document was duplicative of lodged motion 15 which was filed in as 17 on 3/12/2021 (MHW). (Entered: 03/08/2021)

1 Exhibit Exhibits L-O

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2 Text of Proposed Order

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MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction by Arizona, State of, Mark Brnovich, Montana, State of. (Attachments: # 1 Text of Proposed Order)(Napolitano, Anthony) (Entered: 03/08/2021)

* Filed at 17 pursuant to 16 Order -- LODGED Proposed Motion for Preliminary Injunction re: 14 MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona, State of, Mark Brnovich, Montana, State of. (Attachments: # 1 Exhibit Exhibits L-O, # 2 Text of Proposed Order)(Napolitano, Anthony) *Modified on 3/12/2021 (MHW). (Entered: 03/08/2021)

ORDER granting 14 Motion for Leave to Exceed Page Limit. IT IS HEREBY ORDERED that the Plaintiffs may file a Motion for Preliminary Injunction that does not exceed 24 pages. Signed by Senior Judge Susan R Bolton on 3/11/21. (MAW) (Entered: 03/12/2021)

MOTION for Preliminary Injunction by Arizona, State of, Mark Brnovich, Montana, State of. (45 pages) (MHW) (Entered: 03/12/2021)

Remark: Pro hac vice motion(s) granted for David M Dewhirst on behalf of Plaintiff Montana, State of. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

*Joint MOTION for Scheduling Order re: 17 MOTION for Preliminary Injunction by Arizona, State of, Mark Brnovich, Montana, State of. (Attachments: # 1 Text of Proposed Order)(Napolitano, Anthony) *Modified on 3/16/2021 to remove motion parts (KAH). (Entered: 03/15/2021)

1 Text of Proposed Order

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ORDER granting 18 Joint Motion for Scheduling Order. Oral Argument via telephone or in person is set for April 8, 2021 at 10:30 a.m. in Courtroom 601. If any Counsel elect to appear by telephone please call (866) 390-1828; Access code: 9667260 five minutes prior to the hearing. Counsel are advised that speaker phones are not permitted [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 3/17/21. (MAW) (Entered: 03/17/2021)

ORDER: On March 15, 2021 the parties filed a Joint Motion for Scheduling Order agreeing on a briefing schedule for the Preliminary Injunction Motion but disagreeing about whether limited discovery should be allowed and whether the administrative records for the Removal Memorandum and the Interim Guidance should be filed before the hearing on the motion. The Court has set the agreed upon briefing schedule and a date for hearing on the motion in a separate Order. IT IS ORDERED denying in part the parties' Joint Motion for Scheduling Order [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 3/17/21. (MAW) (Entered: 03/17/2021)

MOTION for Leave to File by Immigration Reform Law Institute. (Attachments: # 1 IRLI Amicus Memo, # 2 IRLI Proposed Order, # 3 IRLI Corporate Disclosure Form)(Williams, Michael) (Entered: 03/23/2021)

NOTICE TO FILER OF DEFICIENCY re: 21 MOTION for Leave to File filed by Immigration Reform Law Institute. Corporate Disclosure Form filed as attachment, please resubmit form using the proper Corporate Disclosure Statement event. FOLLOW-UP ACTION REQUIRED: Please refile with correct PDF document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MHW) (Entered: 03/24/2021)

ORDER granting 21 Motion for Leave to File. IT IS FURTHER ORDERED directing the Clerk of Court to file the Memorandum of Law submitted with the Motion for Leave to File. Signed by Senior Judge Susan R Bolton on 3/24/21. (MAW) (Entered: 03/24/2021)

MEMORANDUM OF LAW OF IMMIGRATION REFORM LAW INSTITUTE AS AMICUS CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION by Amicus Immigration Reform Law Institute. (20 pages) (MHW) (Entered: 03/24/2021)

Corporate Disclosure Statement by Immigration Reform Law Institute. (Williams, Michael) (Entered: 03/24/2021)

Notice of Deficiency (Text Only)

RESPONSE in Opposition re: 17 MOTION for Preliminary Injunction filed by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America. (Attachments: # 1 Text of Proposed Order)(Knapp, Michael) (Entered: 03/26/2021)

* MOTION to File Amicus Curiae by American Civil Liberties Union, American Civil Liberties Union Foundation of Arizona, American Civil Liberties Union of Montana Foundation Incorporated (Attachments: # 1 Text of Proposed Order, # 2 Brief of AMICI ACLU, ACLU-AZ, and ACLU of Montana in support of Defendants)(Lopez, Victoria) *Modified to correct filers on 3/29/2021 (MHW). (Entered: 03/26/2021)

1 Text of Proposed Order

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2 Brief of AMICI ACLU, ACLU-AZ, and ACLU of Montana in support of Defendants

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NOTICE of Appearance by Michael Fraser Knapp on behalf of Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 03/29/2021)

ORDER granting 27 Motion to File Amicus Curiae. The Clerk of the Court shall file in the amicus brief attached to this motion. Signed by Senior Judge Susan R Bolton on 3/29/21. (MAW) (Entered: 03/29/2021)

BRIEF OF AMICI CURIAE AMERICAN CIVIL LIBERTIES UNION, ACLU OFARIZONA, AND ACLU OF MONTANA IN SUPPORT OF DEFENDANTS by Amicus Parties American Civil Liberties Union, American Civil Liberties Union Foundation of Arizona, American Civil Liberties Union of Montana Foundation Incorporated. (23 pages) (MHW) (Entered: 03/29/2021)

MOTION for Extension of Time to File Answer re: 12 Amended Complaint by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America. (Attachments: # 1 Text of Proposed Order)(Knapp, Michael) (Entered: 03/30/2021)

ORDER re: 31 Motion for Extension of Time to Answer: IT IS HEREBY ORDERED that Defendants shall answer or otherwise respond to Plaintiffs' Amended Complaint (Doc. 12 ) no later than 30 days after the Court rules on Plaintiffs' pending Motion for Preliminary Injunction (Doc. 17 ). Signed by Senior Judge Susan R Bolton on 3/30/21. (MAW) (Entered: 03/30/2021)

MOTION to Transfer Related Case by Chicanos Por La Causa Incorporated, Puente Human Rights Movement, The Florence Immigrant & Refugee Rights Project Incorporated. (Attachments: # 1 Exhibit EX. A - Motion to Transfer Case, # 2 Exhibit EX. B - Puente v. Brnovich Complaint, # 3 Exhibit EX. C - Arizona v. USDHS Amended Complaint, # 4 Exhibit EX. D - USDHS Opp. to Arizona PI Mot., # 5 Text of Proposed Order Proposed Order) (Associated Cases: 2:21-cv-00446-JZB, 2:21-cv-00186-SRB) (Estrada, Esteban) (Entered: 03/30/2021)

Remark: Pro hac vice motion(s) granted for Noorulain Zafar on behalf of Amicus American Civil Liberties Union. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP)

MOTION for Leave to File Excess Pages for Reply In Support of Motion for Preliminary Injunction by Arizona, State of, Mark Brnovich, Montana, State of. (Attachments: # 1 Text of Proposed Order Proposed Order)(Napolitano, Anthony) (Entered: 04/02/2021)

*FILED at 38 pursuant to 37 Order -- LODGED Proposed Reply In Support of Motion for Preliminary Injunction re: 34 MOTION for Leave to File Excess Pages for Reply In Support of Motion for Preliminary Injunction . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona, State of, Mark Brnovich, Montana, State of. (Attachments: # 1 Exhibit Exhibits to Reply)(Napolitano, Anthony) *Modified on 4/5/2021 (MHW). (Entered: 04/02/2021)

NOTICE TO FILER OF DEFICIENCY re: 34 MOTION for Leave to File Excess Pages for Reply In Support of Motion for Preliminary Injunction filed by Montana, State of, Mark Brnovich, Arizona, State of. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MHW) (Entered: 04/05/2021)

ORDER granting 34 Motion for Leave to Exceed Page Limit. IT IS HEREBY ORDERED that the Plaintiffs may file a Reply in Support of the Motion for Preliminary Injunction that does not exceed 17 pages. Signed by Senior Judge Susan R Bolton on 4/5/21. (MAW) (Entered: 04/05/2021)

REPLY to Response to Motion re: 17 MOTION for Preliminary Injunction filed by Arizona, State of, Mark Brnovich, Montana, State of. (MHW) (Entered: 04/05/2021)

Notice of Deficiency (Text Only)

RESPONSE to Motion re: (33 in 2:21-cv-00186-SRB, 33 in 2:21-cv-00186-SRB) MOTION to Transfer Related Case filed by Tae D Johnson, Alejandro Mayorkas, Troy Miller, David Pekoske, Tracy Renaud, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Associated Cases: 2:21-cv-00446-JJT, 2:21-cv-00186-SRB) (Rosen-Shaud, Brian) (Entered: 04/06/2021)

Remark: Pro hac vice motion(s) granted for Cody H Wofsy, Spencer E Amdur on behalf of Amicus American Civil Liberties Union. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

TRANSCRIPT REQUEST by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America for proceedings held on 4/8/2021, Judge Susan R Bolton hearing judge(s). (Knapp, Michael) (Entered: 04/08/2021)

MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Motion Hearing held on 4/8/2021 re: Plaintiffs' Motion for Preliminary Injunction (Doc. 17 ). Argument held. For reasons as stated on the record, IT IS ORDERED denying as moot Plaintiffs' Motion for Preliminary Injunction regarding Section C of the January 20, 2021, Memorandum entitled Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities. With respect to Plaintiff's Motion regarding the February 18, 2021 Interim Guidance, additional briefing will be allowed to separately address the request for a preliminary injunction of the Interim Guidance. The Court will also permit Plaintiffs' counsel and Defendants' counsel to serve five requests for production, five interrogatories and take up to three depositions before the additional briefing. IT IS ORDERED directing counsel to confer and file a joint notice no later than April 12, 2021, regarding agreed upon dates for the filing of the administrative record, completion of discovery and further briefing. (Court Reporter Hilda Lopez) Hearing held 10:31 AM to 11:43 AM.(MAW) (Entered: 04/09/2021)

TRANSCRIPT REQUEST by Arizona, State of for proceedings held on 04-08-2021, Judge Susan R Bolton hearing judge(s). (Roysden, Brunn) (Entered: 04/09/2021)

Remark: Pro hac vice motion(s) granted for Alex Rate on behalf of Amicus American Civil Liberties Union of Montana Foundation Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION proceedings held on 04/08/2021, before Judge SUSAN R. BOLTON. [Court Reporter: Hilda E. Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/30/2021. Redacted Transcript Deadline set for 5/10/2021. Release of Transcript Restriction set for 7/8/2021. (RAP) (Entered: 04/09/2021)

TRANSCRIPT REQUEST by American Civil Liberties Union for proceedings held on 04/08/2021, Judge Susan R Bolton hearing judge(s). (Zafar, Noorulain) (Entered: 04/12/2021)

*Joint MOTION Scheduling Order by Arizona, State of, Mark Brnovich, Montana, State of. (Attachments: # 1 Text of Proposed Order)(Napolitano, Anthony) *Modified to remove extra motion parts on 4/13/2021 (MHW). (Entered: 04/12/2021)

ORDER granting 45 Motion for Scheduling Order. Plaintiffs shall file further briefing on its Motion for Preliminary Injunction on May 6, 2021. Defendants shall file a Motion to Dismiss on May 6, 2021. A hearing on Plaintiffs' Motion for Preliminary Injunction and Defendants' Motion to Dismiss is set for May 27, 2021 at 10:00 a.m. [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 4/13/21. (MAW) (Entered: 04/13/2021)

RESPONSE to Motion re: (33 in 2:21-cv-00186-SRB, 33 in 2:21-cv-00186-SRB) MOTION to Transfer Related Case filed by Mark Brnovich. (Associated Cases: 2:21-cv-00186-SRB, 2:21-cv-00446-JJT) (Napolitano, Anthony) (Entered: 04/13/2021)

NOTICE of Service of Discovery filed by Arizona, State of, Mark Brnovich, Montana, State of. (Napolitano, Anthony) (Entered: 04/16/2021)

NOTICE of Service of Discovery filed by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 04/19/2021)

REPLY to Response to Motion re: (33 in 2:21-cv-00186-SRB) MOTION to Transfer Related Case filed by Chicanos Por La Causa Incorporated, Florence Immigrant & Refugee Rights Project Incorporated, Puente Human Rights Movement. (Associated Cases: 2:21-cv-00446-JJT, 2:21-cv-00186-SRB) (Estrada, Esteban) (Entered: 04/20/2021)

NOTICE of Service of Discovery filed by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 04/26/2021)

NOTICE of Service of Discovery filed by Arizona, State of, Mark Brnovich, Montana, State of. (Napolitano, Anthony) (Entered: 04/26/2021)

Joint MOTION for Protective Order and Rule 502(d) Order by Arizona, State of, Mark Brnovich, Montana, State of. (Attachments: # 1 Text of Proposed Order)(Napolitano, Anthony) (Entered: 04/29/2021)

1 Text of Proposed Order

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PROTECTIVE ORDER AND RULE 502(d) ORDER [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 4/29/21. (MAW) (Entered: 04/29/2021)

NOTICE of Service of Discovery filed by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 04/30/2021)

*NOTICE of Service of Discovery filed by Arizona, State of, Mark Brnovich (Roysden, Brunn) *Modified to correct filers on 5/3/2021 (MHW). (Entered: 04/30/2021)

Remark: Pro hac vice motion(s) granted for John Talton Lewis on behalf of Amicus Immigration Organizations. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

NOTICE of Service of Discovery filed by Arizona, State of, Mark Brnovich, Montana, State of. (Napolitano, Anthony) (Entered: 05/03/2021)

MOTION to File Amicus Curiae by American Immigration Lawyers Association, Catholic Legal Immigration Network, Inc., National Immigrant Justice Center, National Immigration Law Center, Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Proposed Brief of Amici Curiae, # 2 Text of Proposed Order)(Lewis, John) (Entered: 05/06/2021)

1 Proposed Brief of Amici Curiae

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2 Text of Proposed Order

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MOTION to Dismiss for Lack of Jurisdiction re Plaintiffs' Amended Complaint by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America. (Attachments: # 1 Exhibit 1 - Pls.' Disc. Resps.)(Knapp, Michael) (Entered: 05/06/2021)

1 Exhibit 1 - Pls.' Disc. Resps.

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MOTION for Leave to File Excess Pages for Supplemental Brief in Support of Motion for Summary Judgment by Arizona, State of, Mark Brnovich, Montana, State of. (Attachments: # 1 Text of Proposed Order)(Napolitano, Anthony) (Entered: 05/06/2021)

*Filed at 64 pursuant to 65 -- LODGED Proposed Supplemental Brief in Support of Motion for Preliminary Injunction re: 60 MOTION for Leave to File Excess Pages for Supplemental Brief in Support of Motion for Summary Judgment . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona, State of, Mark Brnovich, Montana, State of. (Attachments: # 1 Exhibit R 1 of 2, # 2 Exhibit R 2 of 2, # 3 Exhibit S - V, # 4 Exhibit W, # 5 Exhibit X - Z)(Napolitano, Anthony) *Modified on 5/7/2021 (MHW). (Entered: 05/06/2021)

ORDER - The Court exercises its discretion to GRANT the motion. The Clerk is direct to file the brief. (Doc. 58 ) See document for complete details. Signed by Senior Judge Susan R Bolton on 05/07/2021. (MHW) (Entered: 05/07/2021)

BRIEF of Amici Curiae Immigration Organizations In Support of Defendants by Amicus Parties American Immigration Lawyers Association, Catholic Legal Immigration Network, Inc., National Immigrant Justice Center, National Immigration Law Center, Refugee and Immigrant Center for Education and Legal Services. (MHW) (Entered: 05/07/2021)

SUPPLEMENTAL Brief in Support of Motion for Preliminary Injunction re: 17 MOTION for Preliminary Injunction by Plaintiffs Arizona, State of, Mark Brnovich, Montana, State of. (635 pages) (Attachments: # 1 Exhibit R 1of2, # 2 Exhibit R 2of2, # 3 Exhibits S-V, # 4 Exhibit W, # 5 Exhibits X-Z)(MHW) (Entered: 05/07/2021)

1 Exhibit R 1of2

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2 Exhibit R 2of2

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3 Exhibits S-V

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4 Exhibit W

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5 Exhibits X-Z

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ORDER - IT IS HEREBY ORDERED that the Plaintiffs may file a Supplemental Brief in Support of Motion for Preliminary Injunction, pursuant to the Court's April 13, 2021, Order (Doc. 46 at 5) up to and including 22 pages. Defendants may file "further briefing in opposition to Plaintiffs' Motion for Preliminary Injunction on May 13, 2021" (Doc. 46 at 7) up to and including 22 pages. See document for complete details. Signed by Senior Judge Susan R Bolton on 05/07/2021. (MHW) (Entered: 05/07/2021)

ORDER - IT IS ORDERED setting a telephonic discovery dispute on Thursday, May 13, 2021 at 11:00 a.m. Counsel are directed to call (866) 390-1828; Access Code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones are not permitted. Signed by Senior Judge Susan R Bolton on 05/07/2021. (MHW) (Entered: 05/07/2021)

NOTICE of Service of Discovery filed by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 05/13/2021)

MOTION to File Amicus Curiae by American Civil Liberties Union, American Civil Liberties Union Foundation of Arizona, American Civil Liberties Union of Montana Foundation Incorporated. (Attachments: # 1 SUPPLEMENTAL BRIEF OF AMICI CURIAE AMERICAN CIVIL LIBERTIES UNION, ACLU OF ARIZONA, AND ACLU OF MONTANA IN SUPPORT OF DEFENDANTS, # 2 Text of Proposed Order)(Lopez, Victoria) (Entered: 05/13/2021)

*SUPPLEMENTAL Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction re: 17 MOTION for Preliminary Injunction filed by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America. (Attachments: # 1 Exhibit 2 - Decl. of Peter B. Berg)(Knapp, Michael) *Modified to correct event type on 5/17/2021 (MFR). *Modified to correct text on 5/24/2021 (MHW). (Entered: 05/13/2021)

1 Exhibit 2 - Decl. of Peter B. Berg

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RESPONSE to Motion re: 59 MOTION to Dismiss for Lack of Jurisdiction re Plaintiffs' Amended Complaint filed by Arizona, State of, Mark Brnovich, Montana, State of. (Attachments: # 1 Exhibit AA - BB)(Napolitano, Anthony) (Entered: 05/13/2021)

1 Exhibit AA - BB

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MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Telephonic Discovery Dispute Hearing held on 5/13/2021 held at the request of Plaintiffs' counsel regarding 2 requests for production of documents and one interrogatory. Argument held. The Court advises counsel it cannot resolve this matter without briefing. Discussion held. At the request of counsel, a stipulation will be filed setting forth the deadline for the filing of Plaintiffs' motion to compel, Defendants' response and Plaintiffs' reply. The Court's order regarding the motion will encompass the subjects counsel wish to examine Henry Lucero on at his deposition. Regarding the pending hearing on May 27, 2021, counsel advise that they will submit additional evidence in writing and that said hearing will be argument only. The Court will set aside 90 minutes for said hearing. At the request of Plaintiffs' counsel, and Defense counsel having no objection, IT IS ORDERED modifying the Court's order at Doc. 46 as follows: Plaintiffs' three page Supplement to its Preliminary Injunction shall be served on Defendants no later than May 18, 2021, to allow the parties to stipulate to possible redactions and filed on the court's docket no later than May 20, 2021. Defendants' three page response shall be filed no later than May 21, 2021. APPEARANCES: Anthony Napolitano, Brunn Roysden, III, and David Dewhirst (all appearing telephonically) for Plaintiffs. Michael Knapp(appearing telephonically) for Defendants. (Court Reporter Hilda Lopez) Hearing held 11:04 AM to 11:27 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 05/14/2021)

ORDER granting 68 Motion to File a Supplemental Amicus Curiae Brief. The Clerk is directed to file the amicus brief. Signed by Senior Judge Susan R Bolton on 5/14/21. (MAW) (Entered: 05/14/2021)

SUPPLEMENTAL BRIEF OF AMICI CURIAE AMERICAN CIVIL LIBERTIES UNION, ACLU OF ARIZONA, AND ACLU OF MONTANA IN SUPPORT OF DEFENDANTS re: 30 Brief of Amicus Parties American Civil Liberties Union, American Civil Liberties Union Foundation of Arizona, American Civil Liberties Union of Montana Foundation Incorporated by Amicus Parties American Civil Liberties Union, American Civil Liberties Union Foundation of Arizona, American Civil Liberties Union of Montana Foundation Incorporated. (19 pages) (MHW) (Entered: 05/14/2021)

*ORDER - IT IS THEREFORE ORDERED denying Plaintiffs' Motion to Transfer Case 33 under LRCiv 42.1 (Doc. 13 -1 in CV-21-00446-PHX-JJT). See document for complete details. Signed by Judge John J Tuchi on 05/13/2021. (MHW) *Modified to add link to motion in this case on 5/14/2021 (MHW). (Entered: 05/14/2021)

1 - Common Prompts (Text Only) AND Discovery Hearing

Second MOTION to File Amicus Curiae by Immigration Reform Law Institute. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Amicus Memorandum)(Williams, Michael). Attachment #2 filed at Doc. 77 pursuant to Order 76 on 5/18/2021 (SST). (Entered: 05/18/2021)

ORDER granting 75 Motion for Leave to File. IT IS FURTHER ORDERED that the Clerk is directed to file the Memorandum of Law submitted with the Motion for Leave to File. Signed by Senior Judge Susan R Bolton on 5/18/21. (MAW) (Entered: 05/18/2021)

Amicus Curiae BRIEF: Memorandum of Law in Opposition to Defendants' Motion to Dismiss by Amicus Immigration Reform Law Institute. (SST) (Entered: 05/18/2021)

NOTICE re: Supplemental Authority by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America re: 17 MOTION for Preliminary Injunction, 59 MOTION to Dismiss for Lack of Jurisdiction re Plaintiffs' Amended Complaint . (Attachments: # 1 Exhibit 3 - Florida v. United States Order Denying PI)(Knapp, Michael) (Entered: 05/19/2021)

*SUPPLEMENT to 64 Supplemental Brief re: 17 MOTION for Preliminary Injunction by Arizona, State of, Mark Brnovich, Montana, State of. (Attachments: # 1 Exhibit)(Roysden, Brunn) *Modified to reflect correct event and to correct docket text on 5/20/2021 (SST). (Entered: 05/19/2021)

1 Exhibit

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*SUPPLEMENT to 69 Supplemental Brief re: 17 MOTION for Preliminary Injunction by Defendants Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America. (Attachments: # 1 Exhibit 4 - Excerpts of Albert Carter Deposition, # 2 Exhibit 5 - Feb. 21, 2017 Memorandum)(Knapp, Michael) *Modified to add link on 5/24/2021 (MHW). (Entered: 05/21/2021)

1 Exhibit 4 - Excerpts of Albert Carter Deposition

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2 Exhibit 5 - Feb. 21, 2017 Memorandum

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MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Preliminary Injunction Hearing and Motion Hearing held on 5/27/2021. Oral argument is heard regarding 17 Motion for Preliminary Injunction and 59 Motion to Dismiss. The Court takes the matters under advisement. APPEARANCES: Telephonic appearance by Anthony Napolitano, Brunn Roysden, and Drew Ensign for Plaintiffs State of Arizona and Mark Brnovich. Telephonic appearance by David Dewhirst for Plaintiff State of Montana. Telephonic appearance by Michael Knapp and Brian Rosen-Shaud for Defendants. (Court Reporter Barbara Stockford.) Hearing held 10:03 am to 11:14 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV) (Entered: 05/27/2021)

TRANSCRIPT REQUEST by American Immigration Lawyers Association, Catholic Legal Immigration Network, Inc., National Immigrant Justice Center, National Immigration Law Center, Refugee and Immigrant Center for Education and Legal Services for proceedings held on 5/27/2021, Judge Susan R Bolton hearing judge(s). (Lewis, John) (Entered: 05/27/2021)

1 - Common Prompts (Text Only) AND Motion Hearing

TRANSCRIPT REQUEST by Arizona, State of for proceedings held on 05/27/2021, Judge Susan R Bolton hearing judge(s). (Roysden, Brunn) (Entered: 05/28/2021)

TRANSCRIPT REQUEST by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America for proceedings held on 5/27/2021, Judge Susan R Bolton hearing judge(s). (Knapp, Michael) (Entered: 06/01/2021)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING AND MOTION HEARING proceedings held on 05/27/2021, before Judge SUSAN R. BOLTON. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/6/2021. Redacted Transcript Deadline set for 7/15/2021. Release of Transcript Restriction set for 9/13/2021. (RAP) (Entered: 06/14/2021)

NOTICE re: Timeline for Superseding Immigration Enforcement Priorities by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America re: 17 MOTION for Preliminary Injunction, 59 MOTION to Dismiss for Lack of Jurisdiction re Plaintiffs' Amended Complaint . (Knapp, Michael) (Entered: 06/07/2021)

NOTICE re: Supplemental Authority by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America re: 17 MOTION for Preliminary Injunction, 59 MOTION to Dismiss for Lack of Jurisdiction re Plaintiffs' Amended Complaint . (Attachments: # 1 Exhibit 6 - Texas v. California)(Knapp, Michael) (Entered: 06/17/2021)

1 Exhibit 6 - Texas v. California

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RESPONSE re: 87 Notice (Other) Supplemental Authority and Notice by Plaintiffs Arizona, State of, Mark Brnovich, Montana, State of. (Napolitano, Anthony) (Entered: 06/17/2021)

*SECOND NOTICE re: Timeline for Superseding Immigration Enforcement Priorities by Tae Johnson, Alejandro Mayorkas, Troy Miller, Tracy Renaud, United States Department of Homeland Security, United States of America re: 17 MOTION for Preliminary Injunction, 59 MOTION to Dismiss for Lack of Jurisdiction re Plaintiffs' Amended Complaint . (Knapp, Michael) *Modified to change text on 6/29/2021 (MHW). (Entered: 06/28/2021)