Case: Arizona v. Biden

3:21-cv-00314 | U.S. District Court for the Southern District of Ohio

Filed Date: Nov. 18, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

The states of Arizona, Montana, and Ohio sued the Biden administration on November 18, 2021, in the U.S. District Court for the Southern District of Ohio to challenge the administration's immigration policies. The plaintiffs sued the United States, the Department of Homeland Security and its secretary, the Acting Commissioner of Customs and Border Protection, the Acting Director of Immigration and Customs Enforcement, and the Director of United States Citizenship and Immigration Services. The l…

The states of Arizona, Montana, and Ohio sued the Biden administration on November 18, 2021, in the U.S. District Court for the Southern District of Ohio to challenge the administration's immigration policies. The plaintiffs sued the United States, the Department of Homeland Security and its secretary, the Acting Commissioner of Customs and Border Protection, the Acting Director of Immigration and Customs Enforcement, and the Director of United States Citizenship and Immigration Services. The lawsuit challenged "Permanent Guidance" issued by DHS on September 30, 2021. The guidance declared that noncitizens who were threats to national or border security or public safety would be prioritized for apprehension and removal. The guidance provided factors for DHS staff to consider in determining whether noncitizens posed such threat.

The plaintiffs claimed that the guidance ran afoul of two federal statutes, 8 U.S.C. §§ 1226(c) and 1231(a). § 1226(c) requires DHS to take custody of noncitizens convicted of certain serious crimes after their release from prison, while § 1231(a) requires DHS to remove noncitizens within 90 days after a final order of removal. The plaintiffs accordingly asserted that the guidance violated the Administrative Procedures Act as contrary to law and the Take Care Clause. They also asserted other APA violations: that the guidance was arbitrary and capricious, failed to follow required notice-and-comment procedures, and was pretextual. They sought declaratory and injunctive relief to prohibit DHS from enforcing the policy, a remand to DHS to follow required APA procedures, and attorney's fees and costs. The case was assigned to District Judge Michael J. Newman.

On November 23, 2021, the defendants moved to change the venue to the District of Arizona, where Arizona and Montana had challenged an earlier version of the Biden administration's immigration policy. Arizona v. DHS, No. 2:21-cv-186, 2021 WL 2787930 (D. Ariz. June 30, 2021), appeal pending, No. 21-16118 (9th Cir.). The court denied the motion on December 6, because the S.D. Ohio case challenged a different iteration of the policy and included another plaintiff, Ohio, with new claims. 2021 WL 5796421. The defendants then moved to dismiss on December 27.

On March 22, 2022, the court denied the defendants' motion to dismiss and issued a nationwide preliminary injunction prohibiting DHS from enforcing the challenged policy. The court held that the plaintiffs had standing, brought a reviewable claim under the APA, and were likely to succeed on the merits of their claims that the guidance was contrary to law, arbitrary and capricious, and failed to follow required notice-and-comment procedures. The court issued the injunction after determining that the plaintiffs were likely to be irreparably harmed and that an injunction would be in the public interest. 593 F.Supp.3d 676. The defendants both moved to stay the order and appealed to the Sixth Circuit on March 28, 2022. The district court denied the motion for stay on March 31.

On April 12, 2022, a Sixth Circuit panel stayed the injunction pending appeal. The Sixth Circuit held the plaintiffs had failed to make a strong showing of likeliness to succeed on the merits on several points: standing, reviewability under the APA, whether the guidance was contrary to law, and whether the guidance was arbitrary and capricious. The court also noted that the guidance was not governed by notice-and-comment requirements. 31 F.4th 469.

On July 6, 2022, the Sixth Circuit reversed the preliminary injunction, concluding that guidance fell well within the agency's enforcement discretion, and Arizona, Ohio and Montana could not show that it would cause them any harm.

On August 31, 2022, this case was stayed for further proceedings pending the Supreme Court's resolution of United States v. Texas.

The case is ongoing.

Summary Authors

Kevin Decker (6/9/2022)

Michelle Wolk (11/18/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61537799/parties/state-of-arizona-v-biden/


Judge(s)
Attorney for Plaintiff

Corrigan, Christian Brian (Ohio)

Flowers, Benjamin Michael (Ohio)

Attorney for Defendant

Kirschner, Adam (Ohio)

Expert/Monitor/Master/Other

Carey, David J. (Ohio)

Hurley, Brian E (Ohio)

show all people

Documents in the Clearinghouse

Document
1

3:21-cv-00314

Complaint for Declaratory and Injunctive Relief

State of Arizona v. Biden

Nov. 18, 2021

Nov. 18, 2021

Complaint
17

3:21-cv-00314

Order: (1) Denying Defendants’ Motion to Transfer (DOC. NO. 7); (2) Lifting the Stay on Briefing of Plaintiffs’ Motion for a Preliminary Injunction; and (3) Setting a Briefing Schedule on Plaintiffs’ Motion for a Preliminary Injunction

State of Arizona v. Biden

Dec. 6, 2021

Dec. 6, 2021

Order/Opinion

2021 WL 2021

44

3:21-cv-00314

Order: (1) Denying Defendants’ Motion to Dismiss (DOC. NO. 29); (2) Granting the States’ Motion for a Preliminary Injunction (DOC. NO. 4); and (3) Enjoining Enforcement of the Permanent Guidance (DOC. NO. 4-1) as Described Herein

State of Arizona v. Biden

March 22, 2022

March 22, 2022

Order/Opinion

593 F.Supp.3d 593

47

3:21-cv-00314

Order Denying Defendants’ Emergency Motion for an Administrative Stay (DOC. NO. 45)

State of Arizona v. Biden

March 23, 2022

March 23, 2022

Order/Opinion
55

3:21-cv-00314

Order: (1) Denying Defendants’ Motion for a Stay Pending Appeal (DOC. NO. 49); and (2) Denying Defendants’ Motion for an Administrative Stay (DOC. NO. 50)

State of Arizona v. Biden

March 31, 2022

March 31, 2022

Order/Opinion
25

22-3273

Order

State of Arizona v. Biden

U.S. Court of Appeals for the Sixth Circuit

April 12, 2022

April 12, 2022

Order/Opinion

31 F.4th 31

62

22-3273

Opinion

U.S. Court of Appeals for the Sixth Circuit

July 6, 2022

July 6, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61537799/state-of-arizona-v-biden/

Last updated March 6, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8599591), filed by State of Ohio, State of Montana, State of Arizona. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons Form Attorney General, # 4 Summons Form US Attorney, # 5 Summons Form Civil Process Clerk, # 6 Summons Form Biden, # 7 Summons Form Biden, # 8 Summons Form Department of Homeland Security, # 9 Summons Form Mayorkas, # 10 Summons Form Miller, # 11 Summons Form Johnson, # 12 Summons Form Jaddou) (Flowers, Benjamin) (Entered: 11/18/2021)

1 Exhibit A

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2 Civil Cover Sheet

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3 Summons Form Attorney General

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4 Summons Form US Attorney

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5 Summons Form Civil Process Clerk

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6 Summons Form Biden

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7 Summons Form Biden

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8 Summons Form Department of Homeland Security

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9 Summons Form Mayorkas

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10 Summons Form Miller

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11 Summons Form Johnson

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12 Summons Form Jaddou

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Nov. 18, 2021

Nov. 18, 2021

Clearinghouse
2

Summons Issued as to All Defendants. (srb) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
3

CERTIFICATE of Mailing by the Clerk: A copy of the complaint and issued summons were sent to the named defendants via certified mail. (daf) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
4

MOTION for Preliminary Injunction by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S) (Flowers, Benjamin) (Entered: 11/23/2021)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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Nov. 23, 2021

Nov. 23, 2021

RECAP
5

NOTICE OF HEARING: An informal conference on Plaintiffs' motion for a preliminary injunction, under S.D. Ohio Civ. R. 65.1(a), is set for 11/29/2021 at 4:00 p.m. ET before Judge Michael J. Newman by telephone. Judge Newman's courtroom deputy will provide counsel of record with call-in information. (jak) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
6

NOTICE of Appearance by Adam Kirschner for Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America (Kirschner, Adam) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
7

MOTION to Change Venue to the District of Arizona by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: # 1 Text of Proposed Order) (Kirschner, Adam) (Entered: 11/23/2021)

1 Text of Proposed Order

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Nov. 23, 2021

Nov. 23, 2021

RECAP

Order

Nov. 23, 2021

Nov. 23, 2021

PACER
8

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number Waived) of Sylvia May Davis by Plaintiff State of Ohio. (Attachments: # 1 Certificate of Good Standing) (Flowers, Benjamin) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
9

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8608715) of Christian B. Corrigan by Plaintiff State of Ohio. (Attachments: # 1 Certificate of Good Standing) (Flowers, Benjamin) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
10

RESPONSE to Motion re 7 MOTION to Change Venue to the District of Arizona filed by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Flowers, Benjamin) (Entered: 11/26/2021)

Nov. 26, 2021

Nov. 26, 2021

RECAP

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 29, 2021

Nov. 29, 2021

PACER

NOTATION ORDER re: 9 Motion for Leave to Appear Pro Hac Vice of Christian B. Corrigan is DENIED WITHOUT PREJUDICE for Counsel's failure to submit a Certificate of Good Standing from the State of Montana, as stated in its motion. Counsel may re-file such a motion that contains the appropriate affirmative statement of Mr. Corrigan's state of licensure to correspond with his Certificate of Good Standing. Signed by Magistrate Judge Peter B. Silvain, Jr. on 11/29/2021. (del)

Nov. 29, 2021

Nov. 29, 2021

PACER
11

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8608715) of Christian B. Corrigan by Plaintiff State of Ohio. (Attachments: # 1 Certificate of Good Standing) (Flowers, Benjamin) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER
12

REPLY to Response to Motion re 7 MOTION to Change Venue to the District of Arizona filed by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Kirschner, Adam) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER
13

ORDER granting 11 Motion for Leave to Appear Pro Hac Vice of Christian B. Corrigan as counsel or co-counsel in this case for Plaintiff, State of Montana. Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Michael J. Newman on 11/29/2021. (bjr) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER
14

ORDER granting 8 Motion for Leave to Appear Pro Hac Vice of Sylvia May Davis as counsel or co-counsel in this case for Plaintiff, State of Ohio. Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Michael J. Newman on 11/30/2021. (bjr) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER
15

Minute entry for informal conference held under S.D. Ohio Civ. R. 65.1 before Judge Michael J. Newman on 11/29/2021. Benjamin M. Flowers and Anthony R. Napolitano appeared and participated on behalf of Plaintiffs. Adam Kirschner appeared and participated on behalf of Defendants. The Court recognized that Defendants' motion to transfer (Doc. No. 7 ) is ripe and has taken the matter under advisement. Defendants orally moved to stay briefing on Plaintiffs' motion for a preliminary injunction until the Court issues a decision on the motion to transfer. Should a briefing schedule on Plaintiffs' motion for a preliminary injunction be necessary, the parties agreed to the default timeline set forth in S.D. Ohio Civ. R. 7.2(a)(2). No party anticipates discovery issues, and Defendants intend to compile and promptly produce the administrative record to Plaintiffs. (Court Reporter: Julie Renee Hohenstein) (jak) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER
16

NOTATION ORDER granting Defendants' oral motion to stay briefing on Plaintiffs' motion for a preliminary injunction pending disposition of Defendants' motion to transfer (Doc. No. 7 ). Should the Court deny Defendants' motion to transfer, a simultaneous briefing schedule order shall issue. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 11/30/2021. (jak) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 30, 2021

Nov. 30, 2021

PACER

Status Conference

Nov. 30, 2021

Nov. 30, 2021

PACER

Order

Nov. 30, 2021

Nov. 30, 2021

PACER
17

ORDER: (1) DENYING DEFENDANTS' MOTION TO TRANSFER (DOC. NO. 7 ); (2) LIFTING THE STAY ON BRIEFING OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION; AND (3) SETTING A BRIEFING SCHEDULE ON PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION. The Court DENIES DHS's motion to transfer. 7 The Court hereby LIFTS the stay on the briefing schedule for Plaintiffs' motion for a preliminary injunction. Doc. No. 16 . DHS shall file an opposition memorandum in response to Plaintiffs' preliminary injunction request on or before December 27, 2021. Plaintiffs shall file a reply brief 14 days from the filing of DHS's opposition memorandum.The Court intends to schedule an in-person oral argument on Plaintiffs' motion for a preliminary injunction. An order setting a status conference to discuss the date and time of oral argument will issue by separate entry. Signed by Judge Michael J. Newman on 12/6/2021. (bjr) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

Clearinghouse
18

NOTICE of Appearance by Michael F Knapp for Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America (Knapp, Michael) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER
19

NOTICE OF HEARING: Status conference set for 12/15/21 at 4:00 p.m. ET before Judge Michael J. Newman by telephone. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (jak) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER
20

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8625714) of Anthony R. Napolitano by Plaintiff State of Ohio. (Attachments: # 1 Certificate of Good Standing) (Flowers, Benjamin) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER

~Util - Set Hearings AND Order

Dec. 7, 2021

Dec. 7, 2021

PACER
21

NOTICE by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America of Administrative Record (Attachments: # 1 Exhibit AR Certification, # 2 Exhibit AR Index) (Kirschner, Adam) (Entered: 12/08/2021)

Dec. 8, 2021

Dec. 8, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 8, 2021

Dec. 8, 2021

PACER

NOTATION ORDER granting 20 Motion for Leave to Appear Pro Hac Vice of Anthony R. Napolitano,as Counsel or Co-Counsel in this case for Plaintiff, for the State of Arizona. Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Michael J. Newman on 12-8-2021. (bjr)

Dec. 8, 2021

Dec. 8, 2021

PACER
22

NOTICE of Appearance by Brian C. Rosen-Shaud for Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America (Rosen-Shaud, Brian) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
23

SUMMONS Returned Executed as to Defendant, Joseph R. Biden. Card marked Received Mail Operation. Tracking No. 7014 3490 0000 7920 1805. Joseph R. Biden served on 12/14/2021; Answer due 1/4/2022. (bjr) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

PACER
24

Minute entry for status conference held on 12/15/2021 before Judge Michael J. Newman. Benjamin D. Flowers and Sylvia May Davis appeared and participated on behalf of Plaintiffs. Brian C. Rosen-Shaud and Michael F. Knapp appeared and participated on behalf of Defendants. Defendants intend to file a motion to dismiss simultaneous to their opposition memorandum in response to Plaintiffs' motion for a preliminary injunction. Upon agreement of the parties, the Court set an oral argument on Plaintiffs' motion for a preliminary injunction and Defendants' forthcoming motion to dismiss on 02/16/2022. The Court modified the briefing schedule as follows: Defendants' opposition memorandum in response to Plaintiffs' motion for a preliminary injunction and motion to dismiss is due on or before 12/27/2021; Plaintiffs shall file an omnibus opposition memorandum in response to Defendants' motion to dismiss and reply in support of their motion for a preliminary injunction 21 days thereafter; and Defendants' reply brief in support of their motion to dismiss is due 14 days from the filing of Plaintiffs' omnibus brief. (Court Reporter: Julie Renee Hohenstein) (jak) (Entered: 12/16/2021)

Dec. 16, 2021

Dec. 16, 2021

PACER

Status Conference

Dec. 16, 2021

Dec. 16, 2021

PACER

Set Motion and R&R Deadlines/Hearings

Dec. 17, 2021

Dec. 17, 2021

PACER

Set/Reset Deadlines as to 4 MOTION for Preliminary Injunction. Defendants' opposition memorandum in response to Plaintiffs' motion for a preliminary injunction and motion to dismiss is due on or before 12/27/2021; Plaintiffs shall file an omnibus opposition memorandum in response to Defendants' motion to dismiss and reply in support of their motion for a preliminary injunction 21 days thereafter; and Defendants' reply brief in support of their motion to dismiss is due 14 days from the filing of Plaintiffs' omnibus brief. (bjr)

Dec. 17, 2021

Dec. 17, 2021

PACER
25

NOTICE OF ORAL ARGUMENT - Upon agreement of the parties, oral argument on Plaintiffs motion for a preliminary injunction and Defendants motion to dismiss is set on February 16, 2022 at 10:00 a.m. ET in the Walter H. Rice Federal Building & U.S. Courthouse, Courtroom 1. Signed by Judge Michael J. Newman on 12/17/21. (pb) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
26

SUMMONS Returned Executed as to 1 Complaint executed upon Merrick Garland, Attorney General, US Dept. Justice, 950 Pennsylvania Ave NW, Washington DC 20530; Tracking No. 7014 3490 0000 7920 1799. Answer due 1/29/2022. (bjr) Modified on 12/22/2021 to correct clerical error (bjr). (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER

Set/Reset Deadlines

Dec. 22, 2021

Dec. 22, 2021

PACER

Set/Reset Deadlines: United States Department of Homeland Security answer due 1/31/2022. (pb)

Dec. 22, 2021

Dec. 22, 2021

PACER

Set Motion and R&R Deadlines/Hearings AND Set/Reset Scheduling Order Deadlines AND Set/Reset Deadlines

Dec. 22, 2021

Dec. 22, 2021

PACER

Set/Reset Scheduling Order Deadlines AND Set Motion and R&R Deadlines/Hearings AND Set/Reset Deadlines

Dec. 22, 2021

Dec. 22, 2021

PACER

Set Motion and R&R Deadlines/Hearings AND Set/Reset Deadlines AND Set/Reset Scheduling Order Deadlines

Dec. 22, 2021

Dec. 22, 2021

PACER
27

ADMINISTRATIVE RECORD by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: # 1 Exhibit Corrected AR Index, # 2 Exhibit Considerations Memo, # 3 Exhibit Bernsen 1976 Memo, # 4 Exhibit Meissner 2000 Memo, # 5 Exhibit Morton 2010 Memo, # 6 Exhibit Morton 2011 Memo, # 7 Exhibit J Johnson 2014 Memo, # 8 Exhibit Kelly 2017 Memo, # 9 Exhibit Pekoske 2021 Memo, # 10 Exhibit ICE 2021 Interim Guidance, # 11 Exhibit Stakeholder Outreach Summary Memo, # 12 Exhibit ICE Listening Sessions Memo, # 13 Exhibit Outreach April 6-April 9, # 14 Exhibit Outreach April 14-May 20, # 15 Exhibit AART Data Memo, # 16 Exhibit OPLA PD Memo, # 17 Exhibit Reps Comer and Jordan Ltr, # 18 Exhibit Rep Bishop Ltr, # 19 Exhibit Ill AG Raoul Ltr, # 20 Exhibit Rep Biggs Ltr, # 21 Exhibit Fla Gov DeSantis Ltr, # 22 Exhibit Rep Fallon Ltr, # 23 Exhibit Rep Thompson Ltr, # 24 Exhibit Sen Scott Ltr, # 25 Exhibit Sheriff Rambosk Ltr, # 26 Exhibit Rep Ocasio-Cortez Ltr, # 27 Exhibit Sen Booker Ltr, # 28 Exhibit EO 13993, # 29 Exhibit Light Article, # 30 Exhibit Decker Decl, # 31 Exhibit Berg Decl, # 32 Exhibit Burke Decl) (Knapp, Michael) (Entered: 12/27/2021)

Dec. 27, 2021

Dec. 27, 2021

PACER
28

RESPONSE in Opposition re 4 MOTION for Preliminary Injunction filed by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 12/27/2021)

Dec. 27, 2021

Dec. 27, 2021

PACER
29

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION for Judgment as a Matter of Law ( Responses due by 1/18/2022) by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: # 1 Text of Proposed Order) (Knapp, Michael) (Entered: 12/27/2021)

1 Text of Proposed Order

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Dec. 27, 2021

Dec. 27, 2021

RECAP
30

UNOPPOSED MOTION TO FILE BRIEF AS AMICI CURIAE OF THE AMERICAN CIVIL LIBERTIES UNION, ACLU OF OHIO, AND ACLU OF ARIZONA (Attachments: # 1 Proposed Amici Curiae, # 2 Affidavit Declaration of David K. Hausman) (Carey, David) Modified on 12/28/2021 to correct text (pb). (Entered: 12/28/2021)

Dec. 28, 2021

Dec. 28, 2021

PACER
31

NOTATION ORDER granting 30 motion for leave of Court to file brief as amici curiae. The Clerk is directed to separately file Amici's proposed brief ([30-1]) and affidavit ([30-2]). Should the parties wish to respond, they shall do so on or before 01/18/2022. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 12/28/2021. (jak) (Entered: 12/28/2021)

Dec. 28, 2021

Dec. 28, 2021

PACER
32

BRIEF OF AMICI CURIAE THE AMERICAN CIVIL LIBERTIES UNION, ACLU OF OHIO, AND ACLU OF ARIZONA re 29 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Judgment as a Matter of Law by Amicus David J. Carey. (Attachments: # 1 Declaration of David Hausman) (pb) (Entered: 12/28/2021)

Dec. 28, 2021

Dec. 28, 2021

PACER

Order on Motion for Leave to File

Dec. 28, 2021

Dec. 28, 2021

PACER
33

REPLY to Response to Motion re 4 MOTION for Preliminary Injunction filed by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Attachments: # 1 Exhibit T) (Flowers, Benjamin) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

PACER
34

RESPONSE to Motion re 29 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Judgment as a Matter of Law filed by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Attachments: # 1 Exhibit T) (Flowers, Benjamin) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

PACER
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Unopposed MOTION for Leave to File Brief as Amicus Curiae of the Immigration Reform Law Institute by Amicus Immigration Reform Law Institute. (Attachments: # 1 Amicus Curiae Brief) (Hurley, Brian) (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER
36

NOTATION ORDER granting 35 motion for leave of Court to file brief as amici curiae. The Clerk is directed to separately file [35-1] Amici's proposed brief. Should the parties wish to respond, they shall do so on or before 02/11/2022. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 01/21/2022. (jak) (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER

Order on Motion for Leave to File

Jan. 21, 2022

Jan. 21, 2022

PACER
37

NOTICE: The 02/16/2022 oral argument will now be held via GoToMeeting video conference software at 10:00 a.m. ET before Judge Michael J. Newman. Call-in information for interested parties, the media, or the general public is: +1 (786) 535-3211, access code: 730-143-365. Information for the GoToMeeting video conference will be supplied to counsel of record prior to the hearing. Pursuant to S.D. Ohio Civ. R. 83.2, publication or broadcast of this proceeding is PROHIBITED. (jak) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

PACER

Order

Jan. 26, 2022

Jan. 26, 2022

PACER
38

REPLY to Response to Motion re 29 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Judgment as a Matter of Law filed by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

RECAP
39

MOTION to Supplement Evidence by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Attachments: # 1 Exhibit U) (Flowers, Benjamin) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER
40

RESPONSE to Motion re 39 MOTION to Supplement Evidence filed by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER
41

NOTATION ORDER granting 39 Plaintiffs' unopposed motion to supplement evidence. [39-1] Exhibit U will be considered as appended to 4 Plaintiffs' motion for a preliminary injunction. Signed by Judge Michael J. Newman on 2/10/2022. (bjs) (Entered: 02/10/2022)

Feb. 10, 2022

Feb. 10, 2022

PACER

Order on Motion for Miscellaneous Relief

Feb. 10, 2022

Feb. 10, 2022

PACER
42

Minute entry for oral argument on 4 motion for a preliminary injunction and 29 motion to dismiss or alternatively for judgment on the administrative record held on 02/16/2022 before Judge Michael J. Newman. Counsel for all parties appeared and participated. The Court took the motions under advisement at the conclusion of the proceeding. (Court Reporter: Julie Renee Hoenstein) (jak) (Entered: 02/16/2022)

Feb. 16, 2022

Feb. 16, 2022

PACER

Motion Hearing

Feb. 16, 2022

Feb. 16, 2022

PACER
43

Transcript of Proceedings held on February 16, 2022, before Judge Michael J. Newman. Court Reporter/Transcriber Julie Hohenstein, RPR, CRR, RMR, Telephone number 937-512-1639. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 3/16/2022. Redacted Transcript Deadline set for 3/28/2022. Release of Transcript Restriction set for 5/24/2022. (jrh) (Entered: 02/23/2022)

Feb. 23, 2022

Feb. 23, 2022

PACER
44

ORDER: (1) DENYING DEFENDANTS MOTION TO DISMISS (DOC. NO. 29 ); (2) GRANTING THE STATES MOTION FOR A PRELIMINARY INJUNCTION (DOC.NO. 4 ); AND (3) ENJOINING ENFORCEMENT OF THE PERMANENT GUIDANCE (DOC. NO. 4 -1) AS DESCRIBED HEREIN. Signed by Judge Michael J. Newman on 3/22/22. (pb) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

Clearinghouse
45

Emergency MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

RECAP
46

RESPONSE in Opposition re 45 Emergency MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, filed by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Flowers, Benjamin) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

RECAP
47

ORDER DENYING DEFENDANT'S EMERGENCY MOTION FOR AN ADMINISTRATIVE STAY (DOC. NO. 45). Signed by Judge Michael J. Newman on 3/23/2022. (srb) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

Clearinghouse
48

NOTICE OF APPEAL re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, (ifp status requested) by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
49

MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: # 1 Affidavit of Daniel Bible) (Knapp, Michael) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
50

MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, (Administrative Stay) by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
51

ORDER FOR EXPEDITED BRIEFING - Before the Court is Defendants motion for a stay pending appeal and a renewed motion for an administrative stay of the Court's March 22, 2022 Order. Doc. Nos. 49, 50 . The Court ORDERS that responsive briefing be submitted on or before March 30, 2022, at 12:00 p.m. A reply brief, if any, shall be filed on or before March 31, 2022, at 12:00 p.m. Signed by Judge Michael J. Newman on 3/29/22. (pb) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
52

USCA Case Number 22-3272 for 48 Notice of Appeal, filed by Alejandro Mayorkas, Joseph R. Biden, Ur Jaddou, Tae Johnson, Troy Miller, United States of America, United States Department of Homeland Security. (pb) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
53

RESPONSE in Opposition re 50 MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, (Administrative St, 49 MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, filed by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Flowers, Benjamin) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
54

REPLY to Response to Motion re 50 MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, (Administrative St, 49 MOTION to Stay re 44 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Judgment as a Matter of Law,, Order on Motion for Preliminary Injunction, filed by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Knapp, Michael) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

RECAP
55

ORDER: (1) DENYING DEFENDANTS MOTION FOR A STAY PENDING APPEAL (DOC. NO. 49 ); AND (2) DENYING DEFENDANTS MOTION FOR AN ADMINISTRATIVE STAY (DOC. NO. 50 ). Signed by Judge Michael J. Newman on 3/31/22. (pb) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

Clearinghouse
56

Consent MOTION for Extension of Time to File Answer re 1 Complaint,, New date requested 4/26/2022. by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: # 1 Text of Proposed Order) (Knapp, Michael) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
57

NOTATION ORDER granting 56 Defendants' consent motion to extend answer deadline. Defendants' answer due on or before 04/26/2022. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 04/01/2022. (jak) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER

Order on Motion for Extension of Time to Answer

April 1, 2022

April 1, 2022

PACER
56

Consent MOTION for Extension of Time to File Answer re 1 Complaint,, New date requested 4/26/2022. by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: # 1 Text of Proposed Order) (Knapp, Michael) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
57

NOTATION ORDER granting 56 Defendants' consent motion to extend answer deadline. Defendants' answer due on or before 04/26/2022. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 04/01/2022. (jak) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER

Order on Motion for Extension of Time to Answer

April 1, 2022

April 1, 2022

PACER
58

ORDER of USCA as to 48 Notice of Appeal filed by Alejandro Mayorkas, Joseph R. Biden, Ur Jaddou, Tae Johnson, Troy Miller, United States of America & United States Department of Homeland Security: The Sixth Circuit grants the National Government's stay pending appeal. Note: No Mandate details noted. (er) (Entered: 04/13/2022)

April 12, 2022

April 12, 2022

PACER
59

SUMMONS Returned Executed as to Defendant, Tae Johnson. Tae Johnson served on 4/13/2022, Answer due 5/4/2022. (bjr) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
60

Unopposed MOTION to Stay Proceedings by Defendants Joseph R. Biden, Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security, United States of America. (Attachments: # 1 Text of Proposed Order) (Knapp, Michael) (Entered: 04/20/2022)

1 Text of Proposed Order

View on PACER

April 20, 2022

April 20, 2022

PACER
61

ORDER: (1) GRANTING DEFENDANTS UNOPPOSED MOTION TO STAY PROCEEDINGS (DOC. NO. 60 ); AND (2) STAYING FURTHER PROCEEDINGS IN THIS COURT PENDING COMPLETION OF APPELLATE REVIEW. Signed by Judge Michael J. Newman on 4/20/22. (pb)

April 20, 2022

April 20, 2022

RECAP
62

ORDER of USCA It is ORDERED that the district courts grant of preliminaryinjunctive relief is REVERSED and REMANDED for further proceedings consistent with the opinion ofthis court. as to 48 Notice of Appeal, filed by Alejandro Mayorkas, Joseph R. Biden, Ur Jaddou, Tae Johnson, Troy Miller, United States of America, United States Department of Homeland Security Note: Mandate to issue. (Note attached judgement document was received without the signature of the Sixth Circuit Clerk Deborah S. Hunt (pb) (Entered: 07/06/2022)

July 6, 2022

July 6, 2022

PACER
63

MOTION to Stay District Court Proceedings Pending the Supreme Courts Resolution of United States v. Texas, No. 22-58 (2022) by Plaintiffs State of Arizona, State of Montana, State of Ohio. (Flowers, Benjamin) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
64

MANDATE of USCA as to 48 Notice of Appeal filed by Alejandro Mayorkas, Joseph R. Biden, Ur Jaddou, Tae Johnson, Troy Miller, United States of America & United States Department of Homeland Security: No costs taxed. (er) (Entered: 08/31/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
65

ORDER: (1) GRANTING PLAINTIFFS' UNOPPOSED MOTION TO CONTINUE STAY OF PROCEEDINGS (DOC. NO. 63 ); AND (2) STAYING FURTHER PROCEEDINGS IN THIS COURT PENDING THE SUPREME COURT'S RESOLUTION OF UNITED STATES v. TEXAS, NO. 22-58-(2022). Signed by Judge Michael J. Newman on 8/31/2022. (srb) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

RECAP
66

NOTICE of Appearance by Anthony Roman Napolitano for Plaintiff State of Arizona (Napolitano, Anthony) (Entered: 12/30/2022)

Dec. 30, 2022

Dec. 30, 2022

PACER
67

MOTION to Withdraw as Attorney Sylvia May Mailman by Plaintiff State of Ohio. (Mailman, Sylvia) (Entered: 03/28/2023)

March 28, 2023

March 28, 2023

PACER

Order on Motion to Withdraw as Attorney

March 29, 2023

March 29, 2023

PACER

NOTATION ORDER granting 67 Motion to Withdraw as Attorney. Attorney Sylvia May Mailman terminated. Signed by Judge Michael J. Newman on 03/29/2023. (mfs)

March 29, 2023

March 29, 2023

PACER
68

Notice of Voluntary Dismissal

June 27, 2023

June 27, 2023

RECAP

Terminate Civil Case

June 27, 2023

June 27, 2023

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 18, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three states

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Deportation - criteria

Detention - criteria