Case: R.F M. v. Nielsen

1:18-cv-05068 | U.S. District Court for the Southern District of New York

Filed Date: June 7, 2018

Closed Date: June 1, 2022

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Case Summary

This class action lawsuit challenged a U.S. Citizenship & Immigration Services (USCIS) change to qualifications for the Special Immigrant Juvenile Status (SIJS) program during the Trump administration. On June 7, 2018, this lawsuit was filed in the U.S. District Court for the Southern District of New York by three immigrant youths, aged 19 to 20, whose SIJS applications had been denied even though they would have been eligible before the change. Represented by private counsel and the Legal Aid …

On June 7, 2018, this lawsuit was filed in the U.S. District Court for the Southern District of New York by three immigrant youths, aged 19 to 20, whose SIJS applications had been denied even though they would have been eligible before the change. Represented by private counsel and the Legal Aid Society of New York, the plaintiffs sued the Secretary of the Department of Homeland Security and USCIS officials of the national and New York offices in their official capacities. The complaint claimed that USCIS' policy changes violated the statute enacting SIJS and the Administrative Procedure Act (APA), 5 U.S.C. § 706(2), on three grounds: 1) erroneous interpretation of federal and state law, 2) arbitrariness, and 3) failure to provide adequate notice. The plaintiffs sought injunctive and declaratory relief that would halt and reverse application of USCIS' policy changes against themselves and other members of the putative class. They also sought attorneys' fees.

Under prior administrations, SIJS applicants in New York between the ages of 18 and 21 had been able to meet one of the program's eligibility requirements by getting a Special Findings Order from a state family court. But the USCIS' new policy, enacted in early 2018, instituted a "Competent Jurisdiction" requirement that created two new grounds to deny SIJS applications: first, family courts no longer qualified as "juvenile courts" as defined in the Immigration and Nationality Act because they lacked jurisdiction over 18 to 21 year-olds; and second, family courts lacked the authority to reunify youths of that age group with a parent. Over the first two months of this case, the court accepted three amicus briefs in opposition to this new policy: one from a group of law professors, one from a group of U.S. Congress members, and one from the state of New York.

With their complaint, the plaintiffs filed several additional documents: motions to file and proceed anonymously, a motion to certify their proposed class, a motion for a preliminary injunction, and a statement of relatedness to another pending case that challenged the new SIJS policy changes on similar grounds (17-cv-07512). The case was assigned to Judge John G. Koeltl and Magistrate Ona T. Wang, both of whom were already assigned to that related case. The related case and its plaintiff's habeas petition were never fully consolidated with this case, but the court required cross-filing to coordinate the briefing schedules for all three cases.

On July 6, 2018, the court ordered the plaintiffs to release their names and alien registration numbers to the defendants, who agreed to use that information only as required for litigation and not to retaliate. The next month, on August 10, 2018, the plaintiffs filed an amended complaint to add one additional named plaintiff. In September and October of 2018, the defendants filed a motion to dismiss for lack of jurisdiction, and both parties filed cross motions for summary judgment.

The court ruled in the plaintiffs' favor on March 15, 2019, finding that USCIS' policy change (the "Competent Jurisdiction Requirement") violated the SIJ statute. The defendants' motion to dismiss and motion for summary judgment were denied. 365 F. Supp. 3d 350.

The plaintiff class was certified as follows:

"[A]ll immigrants who obtained Special Findings Orders from the New York Family Court between their eighteenth and twenty-first birthdays, applied for SIJ status, and either:

(1) [were] issued (i) Notices of Intent to Deny, (ii) Notices of Intent to Revoke, (iii) Decisions of Denial, or (iv) Decisions revoking previously-granted SIJ status since January 1, 2016 on the ground that the Family Court is not a “juvenile court” under 8 C.F.R. § 204.11(a) and/or that the Family Court is not empowered to issue Special Findings Orders under 8 U.S.C. § 1101(a)(27)(J); or

(2) have a Special Findings Order finding the eligibility criteria of 8 U.S.C. § 1101(a)(27)(J) are satisfied and have a pending petition for SIJ status before the USCIS based on the Special Findings Order."

The court issued an initial judgment on April 8, 2019 and then accepted proposed amended judgments from both parties. The court's final amended judgment was issued on May 31, 2019. In that judgment, the defendants were ordered to adjudicate or re-adjudicate class members' petitions in accordance with the court's opinion and order, without the Competent Jurisdiction requirement. The court retained jurisdiction for three years and required the defendants to file compliance reports every six months.

Almost a year later, on May 4, 2020, Magistrate Wang issued a report that recommended awarding attorneys' fees to the plaintiffs in the amount of $592,954.26. 2020 WL 6393583. The court adopted that recommendation on May 20, 2020. 2020 WL 6393718.

The defendants proceeded to file periodic status reports as required by the judgment until the court's jurisdiction expired. The final status report was filed on June 1, 2022. The case is closed.

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Summary Authors

Christina Van Wagenen (5/8/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7077824/parties/rf-m-v-nielsen/

Judge(s)

Attorney for Plaintiff

Delisi, Alexander Richard (New York)

Dona, Julie Ann (New York)

Attorney for Defendant

Expert/Monitor/Master/Other

Ansanelli, Julia M (New York)

Colangelo, Matthew (New York)

Derrick, Geoffrey James (New York)

Judge(s)

Stanton, Louis Lee (New York)

Attorney for Plaintiff

Delisi, Alexander Richard (New York)

Dona, Julie Ann (New York)

Freeman, Lisa (New York)

Krause, Beth A. (New York)

Levy, Jennifer L. (New York)

Malionek, Robert John (New York)

McQuaid, Nicholas Lloyd (New York)

Moser, Theresa Beth (New York)

Pont, Amy Rebecca (New York)

Rieser-Murphy, Elizabeth Mary (New York)

Romero, Cristina (New York)

Attorney for Defendant

Onozawa, Tomoko (New York)

Reddy, Kirti Vaidya (New York)

Expert/Monitor/Master/Other

Ansanelli, Julia M (New York)

Colangelo, Matthew (New York)

Derrick, Geoffrey James (New York)

Eisman, Scott Andrew (New York)

Liebmann, Theodor Samuel (New York)

Picon, David A. (New York)

Schulman, Steven H. (New York)

Shapiro, Kaitlin Dabbert (New York)

Silverman, William Charles (New York)

Werb, Daniel Joseph (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:18-cv-05068	Complaint	June 7, 2018	June 7, 2018 Complaint
56 1:18-cv-05068	Amended Complaint R.F.M. v. Nielsen	Aug. 10, 2018	Aug. 10, 2018 Complaint
119 1:18-cv-05068	Opinion and Order	March 15, 2019	March 15, 2019 Order/Opinion
129 1:18-cv-05068	[Defendants' Proposed] Judgment	April 8, 2019	April 8, 2019 Order/Opinion
148 1:18-cv-05068	Amended Judgment	May 31, 2019	May 31, 2019 Order/Opinion
135 1:18-cv-05068	Practice Advisory [Class Notice] R.F.M. v. Nielsen	June 7, 2019	June 7, 2019 Other
1:18-cv-05068	Report & Recommendation	May 4, 2020	May 4, 2020 Magistrate Report/Recommendation 2020 WL 6393583

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/7077824/rf-m-v-nielsen/

Last updated Dec. 21, 2024, 4:27 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against William Bierman, Thomas Cioppa, Lee Francis Cissna, Robert M. Cowan, Gwynne Dinolfo, Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling. (Filing Fee $ 400.00, Receipt Number 0208-15166104)Document filed by T. D., R. F. M., S. W., D. A. F.A.. (Attachments: # 1 Exhibit 1 --Decl of RFM, # 2 Exhibit 2 --Decl of TD, # 3 Exhibit 3 --Decl of SW, # 4 Exhibit 4 --Decl of DAFA, # 5 Exhibit 5 --Decl of Hon Gail Prudenti, # 6 Exhibit 6 --Decl of Beth Krause, # 7 Exhibit 7 --Decl of Maria Odom, # 8 Exhibit 8 --Decl of Eve Stotland, # 9 Exhibit 9 --Decl of Alan Shapiro, # 10 Exhibit 10 --Decl of Judith Meltzer, # 11 Exhibit 11 --USCIS Policy Manual, # 12 Exhibit 12 --Apr 18 NY Times Article, # 13 Exhibit 13 --Apr 25 Politico Article and Statement, # 14 Exhibit 14 --USCIS 2015 Ombudsman, # 15 Exhibit 15 --Interoffice Memorandum from Michael Aytes)(Malionek, Robert) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 RECAP
	Notice to Attorney to Re-File Document - Event Type Error	June 7, 2018	June 7, 2018 PACER
2	CIVIL COVER SHEET filed. (Malionek, Robert) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
3	STATEMENT OF RELATEDNESS re: that this action be filed as related to 17-cv-07512 (JGK). Document filed by T. D., D. A. F.A., R. F. M., S. W..(Malionek, Robert) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
4	REQUEST FOR ISSUANCE OF SUMMONS as to Kirstjen Nielsen, in her capacity as Secretary of the Department of Homeland Security, Lee Francis Cissna, in his capacity as Director of United States Citizenship and Immigration Services, Barbara Velarde, in her capacity as Chief of the Administrative Appeals Office of United States Citizenship and Immigration Services, Robert M. Cowan, in his capacity as Director of the United States Citizenship and Immigration Services National Benefits Center, Thomas Cioppa, in his capacity as Director of the United States Citizenship and Immigration Services New York City District Office, Edward Newman, in his capacity as Director of the United States Citizenship and Immigration Services Buffalo District Office, Daniel Renaud, in his capacity as Associate Director of United States Citizenship and Immigration Services Field Operations Directorate, Gwynne Dinolfo, in her capacity as United States Citizenship and Immigration Services Albany Field Office Director, Gina Pastore, in her capacity as United States Citizenship and Immigration Services Brooklyn Field Office Director, Carmen Whaling, in her capacity as United States Citizenship and Immigration Services Buffalo and Syracuse Field Office Director, Elizabeth Miller, in her capacity as United States Citizenship and Immigration Services Long Island Field Office Director, William Bierman, in his capacity as United States Citizenship and Immigration Services New York Field Office Director, Brian Meier, in his capacity as United States Citizenship and Immigration Services Queens Field Office Director, re: 1 Complaint,,,. Document filed by T. D., D. A. F.A., R. F. M., S. W.. (Malionek, Robert) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
5	FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Leave to File Anonymously . Document filed by T. D., D. A. F.A., R. F. M., S. W..(Malionek, Robert) Modified on 6/7/2018 (db). (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
6	MEMORANDUM OF LAW in Support re: 5 MOTION for Leave to File Anonymously . . Document filed by T. D., D. A. F.A., R. F. M., S. W.. (Malionek, Robert) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 RECAP
7	MOTION for Preliminary Injunction . Document filed by T. D., D. A. F.A., R. F. M., S. W..(Malionek, Robert) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 RECAP
8	MEMORANDUM OF LAW in Support re: 7 MOTION for Preliminary Injunction . . Document filed by T. D., D. A. F.A., R. F. M., S. W.. (Malionek, Robert) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 RECAP
9	MOTION to Certify Class . Document filed by T. D., D. A. F.A., R. F. M., S. W..(Malionek, Robert) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
10	MEMORANDUM OF LAW in Support re: 9 MOTION to Certify Class . . Document filed by T. D., D. A. F.A., R. F. M., S. W.. (Malionek, Robert) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 RECAP
11	DECLARATION of Robert J. Malionek in Support re: 7 MOTION for Preliminary Injunction ., 9 MOTION to Certify Class .. Document filed by T. D., D. A. F.A., R. F. M., S. W.. (Attachments: # 1 Exhibit 1 --Decl of RFM, # 2 Exhibit 2 --Decl of TD, # 3 Exhibit 3 --Decl of SW, # 4 Exhibit 4 --Decl of DAFA, # 5 Exhibit 5 --Decl of Hon Gail Prudenti, # 6 Exhibit 6 --Decl of Beth Krause, # 7 Exhibit 7 --Decl of Maria Odom, # 8 Exhibit 8 --Decl of Eve Stotland, # 9 Exhibit 9 --Decl of Alan Shapiro, # 10 Exhibit 10 --Decl of Judith Meltzer, # 11 Exhibit 11 --USCIS Policy Manual, # 12 Exhibit 12 --Apr 18 NY Times Article, # 13 Exhibit 13 --Apr 25 Politico Article and Statement, # 14 Exhibit 14 --USCIS 2015 Ombudsman, # 15 Exhibit 15 --Interoffice Memorandum from Michael Aytes)(Malionek, Robert) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert John Malionek to RE-FILE Document 5 MOTION for Leave to File Anonymously . Use the event type Miscellaneous Relief found under the event list Motion(s). (db)	June 7, 2018	June 7, 2018 PACER
12	MOTION for Leave to Proceed Anonymously . Document filed by T. D., D. A. F.A., R. F. M., S. W..(Malionek, Robert) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
13	MEMORANDUM OF LAW in Support re: 12 MOTION for Leave to Proceed Anonymously . . Document filed by T. D., D. A. F.A., R. F. M., S. W.. (Malionek, Robert) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne)	June 8, 2018	June 8, 2018 PACER
	Case Opening Initial Assignment Notice	June 8, 2018	June 8, 2018 PACER
	Case Designated ECF. (pne)	June 8, 2018	June 8, 2018 PACER
	Case Designated ECF	June 8, 2018	June 8, 2018 PACER
	CASE REFERRED TO Judge John G. Koeltl as possibly related to 17CV7512. (pne)	June 8, 2018	June 8, 2018 PACER
	Case Referred as Possibly Related/Similar	June 8, 2018	June 8, 2018 PACER
14	ELECTRONIC SUMMONS ISSUED as to William Bierman, Thomas Cioppa, Lee Francis Cissna, Robert M. Cowan, Gwynne Dinolfo, Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling. (pne) (Entered: 06/08/2018)	June 8, 2018	June 8, 2018 PACER
15	NOTICE OF APPEARANCE by Theodor Samuel Liebmann on behalf of Amici Curiae Law Professors. (Liebmann, Theodor) (Entered: 06/14/2018)	June 14, 2018	June 14, 2018 PACER
16	NOTICE OF APPEARANCE by David A. Picon on behalf of Amici Curiae Law Professors. (Picon, David) (Entered: 06/14/2018)	June 14, 2018	June 14, 2018 PACER
17	NOTICE OF APPEARANCE by William Charles Silverman on behalf of Amici Curiae Law Professors. (Silverman, William) (Entered: 06/14/2018)	June 14, 2018	June 14, 2018 PACER
18	NOTICE OF APPEARANCE by Daniel Joseph Werb on behalf of Amici Curiae Law Professors. (Werb, Daniel) (Entered: 06/14/2018)	June 14, 2018	June 14, 2018 PACER
19	MOTION to File Amicus Brief Motion For Leave to File Brief of Amici Curiae By Certain Law Professors in Support of Plaintiffs' Complaint and Motion for a Preliminary Injunction. Document filed by Amici Curiae Law Professors. (Attachments: # 1 Exhibit A-List of Amici Law Professors, # 2 Exhibit B-The Amicus Brief, # 3 Exhibit 1 to Ex. B--2008 Bill Jacket cited in Amicus Brief)(Liebmann, Theodor) (Entered: 06/14/2018) 1 Exhibit A-List of Amici Law Professors View on PACER 2 Exhibit B-The Amicus Brief View on PACER 3 Exhibit 1 to Ex. B--2008 Bill Jacket cited in Amicus Brief View on PACER	June 14, 2018	June 14, 2018 PACER
	CASE ACCEPTED AS RELATED. Create association to 1:17-cv-07512-JGK. Notice of Assignment to follow. (jc)	June 18, 2018	June 18, 2018 PACER
	Case Accepted as Related	June 18, 2018	June 18, 2018 PACER
	NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Unassigned is no longer assigned to the case. (jc)	June 18, 2018	June 18, 2018 PACER
	Notice of Case Assignment/Reassignment	June 18, 2018	June 18, 2018 PACER
	Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (jc)	June 18, 2018	June 18, 2018 PACER
	Case Designation	June 18, 2018	June 18, 2018 PACER
20	NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of William Bierman, Thomas Cioppa, Lee Francis Cissna, Robert M. Cowan, Gwynne Dinolfo, Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling. (Onozawa, Tomoko) (Entered: 06/19/2018)	June 19, 2018	June 19, 2018 RECAP
21	NOTICE OF APPEARANCE by Lisa Freeman on behalf of R. F. M.. (Freeman, Lisa) (Entered: 06/20/2018)	June 20, 2018	June 20, 2018 PACER
22	NOTICE OF APPEARANCE by Theresa Beth Moser on behalf of T. D., D. A. F.A., R. F. M., S. W.. (Moser, Theresa) (Entered: 06/20/2018)	June 20, 2018	June 20, 2018 PACER
23	NOTICE OF APPEARANCE by Jennifer L. Levy on behalf of T. D., D. A. F.A., R. F. M., S. W.. (Levy, Jennifer) (Entered: 06/21/2018)	June 21, 2018	June 21, 2018 PACER
24	FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Beth Ann Tutuncuoglu Krause to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15237232. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by R. F. M.. Return Date set for 7/13/2018 at 10:00 AM. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order Proposed Order)(Krause, Beth) Modified on 6/22/2018 (bcu). (Entered: 06/22/2018)	June 22, 2018	June 22, 2018 PACER
	Notice Regarding Deficient Motion to Appear Pro Hac vice	June 22, 2018	June 22, 2018 PACER
	>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 24 FIRST MOTION for Beth Ann Tutuncuoglu Krause to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15237232. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit/Declaration is missing per local rule 1.3.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)	June 22, 2018	June 22, 2018 PACER
25	LETTER MOTION for Conference addressed to Judge John G. Koeltl from Robert J. Malionek dated June 22, 2018. Document filed by T. D., D. A. F.A., R. F. M., S. W..(Malionek, Robert) (Entered: 06/22/2018)	June 22, 2018	June 22, 2018 RECAP
26	AMENDED MOTION for Beth Ann Tutuncuoglu Krause to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., AMENDED MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,,, .( Return Date set for 7/13/2018 at 10:00 AM.) Document filed by T. D., D. A. F.A., R. F. M., S. W.. (Attachments: # 1 Affidavit Affidavit in support of motion, # 2 Exhibit Certificates of Good Standing, # 3 Text of Proposed Order Proposed Order)(Krause, Beth) (Entered: 06/22/2018)	June 22, 2018	June 22, 2018 PACER
27	NOTICE OF APPEARANCE by Kirti Vaidya Reddy on behalf of William Bierman, Thomas Cioppa, Lee Francis Cissna, Robert M. Cowan, Gwynne Dinolfo, Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling. (Reddy, Kirti) (Entered: 06/22/2018)	June 22, 2018	June 22, 2018 PACER
	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 26 AMENDED MOTION for Beth Ann Tutuncuoglu Krause to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.AMENDED MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,,, .. The document has been reviewed and there are no deficiencies. (wb)	June 25, 2018	June 25, 2018 PACER
	Notice Regarding Pro Hac Vice Motion	June 25, 2018	June 25, 2018 PACER
28	ORDER FOR ADMISSION PRO HAC VICE: granting 26 Motion for Beth Ann Tutuncuoglu Krause to Appear Pro Hac Vice; granting 26 Motion to Amend/Correct. (Signed by Judge John G. Koeltl on 6/23/2018) (ama) (Entered: 06/25/2018)	June 25, 2018	June 25, 2018 PACER
29	LETTER addressed to Judge John G. Koeltl from AUSA Tomoko Onozawa dated 6/25/2018 re: Plaintiff's June 22, 2018 Letter Motion [ECF No. 25]. Document filed by William Bierman, Thomas Cioppa, Lee Francis Cissna, Robert M. Cowan, Gwynne Dinolfo, Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling.(Onozawa, Tomoko) (Entered: 06/25/2018)	June 25, 2018	June 25, 2018 PACER
30	ORDER granting 25 Letter Motion for Conference. Application granted. Conference scheduled for 6/26/2018 at 3:00 p.m. So Ordered. (Status Conference set for 6/26/2018 at 03:00 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 6/25/2018) (rro) (Entered: 06/25/2018)	June 25, 2018	June 25, 2018 PACER
31	LETTER addressed to Judge John G. Koeltl from Robert J. Malionek dated June 25, 2018 re: providing the Court with an update in advance of the joint conference scheduled for Tuesday, June 26, 2018. Document filed by T. D., D. A. F.A., R. F. M., S. W..(Malionek, Robert) (Entered: 06/25/2018)	June 25, 2018	June 25, 2018 PACER
32	NOTICE OF APPEARANCE by Julie Ann Dona on behalf of T. D., D. A. F.A., R. F. M., S. W.. (Dona, Julie) (Entered: 06/26/2018)	June 26, 2018	June 26, 2018 PACER
33	ORDER: As stated at the conference held today, Jefferson Randolfo Flores Zabaleta shall file any amended petition for a writ of habeas corpus in No. 18-cv-1802 by July 3, 2018. The parties shall file proposed briefing schedules in No. 17-cv-7512, No. 18-cv-1802, and No. 18-cv-5068 also by July 3, 2018. (Signed by Judge John G. Koeltl on 6/26/2018) (mro) (Entered: 06/27/2018)	June 27, 2018	June 27, 2018 PACER
34	MOTION to File Amicus Brief . Document filed by Amici Curiae Members of Congress. (Attachments: # 1 Proposed Brief of Amici Curiae Members of Congress, # 2 Appendix - List of Members of Congress Amici, # 3 Certificate of Service)(Dabbert, Kaitlin) (Entered: 06/28/2018)	June 28, 2018	June 28, 2018 PACER
35	MEMORANDUM OF LAW in Support re: 34 MOTION to File Amicus Brief . . Document filed by Amici Curiae Members of Congress. (Dabbert, Kaitlin) (Entered: 06/28/2018)	June 28, 2018	June 28, 2018 PACER
36	MEMO ENDORSED ORDER granting 34 Motion to File Amicus Brief. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 6/29/18) (yv) (Entered: 07/02/2018)	July 2, 2018	July 2, 2018 PACER
37	FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference Regarding Briefing Schedule and Protective Order addressed to Judge John G. Koeltl from Robert J. Malionek dated 7/3/2018. Document filed by T. D., D. A. F.A., R. F. M., S. W.. (Attachments: # 1 Exhibit A - Proposed Protective Order, # 2 Exhibit B - Transcript)(Malionek, Robert) Modified on 7/12/2018 (db). (Entered: 07/03/2018) 1 Exhibit A - Proposed Protective Order View on RECAP 2 Exhibit B - Transcript View on RECAP	July 3, 2018	July 3, 2018 PACER
38	LETTER MOTION for Extension of Time until noon on July 5, 2018 addressed to Judge John G. Koeltl from Kirti Reddy dated July 3, 2018. Document filed by Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling.(Reddy, Kirti) (Entered: 07/03/2018)	July 3, 2018	July 3, 2018 PACER
39	LETTER addressed to Judge John G. Koeltl from Kirti Vaidya Reddy dated July 5, 2018 re: proposed briefing schedule and reply to Plaintiffs' July 3 letter. Document filed by William Bierman, Thomas Cioppa, Lee Francis Cissna, Robert M. Cowan, Gwynne Dinolfo, Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling.(Reddy, Kirti) (Entered: 07/05/2018)	July 5, 2018	July 5, 2018 RECAP
40	ORDER. To pursue the case in R.F.M., the plaintiffs must promptly turn over to the government the names and alien registration numbers for all of the plaintiffs named in the Complaint. That information should be held confidentially by the government and may be used by the government only in connection with this case. The government has represented that it will not take any action against any of the named plaintiffs in retaliation for filing the R.F.M. lawsuit. The government should convey that representation to any other government agencies with whom the plaintiffs' names and alien registration numbers may be shared. The briefing schedule in R.F.M. is as follows: The government shall file the administrative record eighteen days after receiving the identifying information of the named plaintiffs. The government shall file a joint brief in opposition to the plaintiffs' motion to proceed using initials, the plaintiffs' motion for a preliminary injunction, and the plaintiffs' motion for class certification three weeks after filing the administrative record, and the plaintiffs shall file a reply brief two weeks thereafter. The government shall file any dispositive motion two weeks after the government files its brief in opposition to the plaintiffs' motions, referenced above. The plaintiffs shall respond to the any dispositive motion by the government three weeks after such motion is filed, and the government shall reply two weeks thereafter. The briefing schedule in Zabaleta v. Nielsen is as follows: The government shall file the administrative record in this case simultaneously with the filing of the administrative record in R.F.M. The government shall file any dispositive motion in this case simultaneously with the filing of any dispositive motion in R.F.M. Zabaleta shall respond to any dispositive motion by the government three weeks after such motion is filed, and the government shall reply two weeks thereafter. The briefing schedule in Zabaleta v. Decker is as follows: The government shall respond to Zabaleta's amended petition by July 20, 2018, and Zabaleta shall file any reply by August 6, 2018. A final word. The Court expects greater cooperation among the parties in the future. There is no reason that all parties could not have agreed upon some basic, reasonable restrictions on the use of the plaintiffs' named and alien registration numbers. Moreover, it is difficult to understand how the parties could have failed to agree on briefing schedules when only a couple of weeks separated the parties' proposals. SO ORDERED. (Signed by Judge John G. Koeltl on 7/5/18) (yv) (Entered: 07/06/2018)	July 6, 2018	July 6, 2018 PACER
41	LETTER addressed to Judge John G. Koeltl from David A. Picon dated 7/6/2018 re: Informing the Court of Filing of Formal Notice of Motion. Document filed by Amici Curiae Law Professors.(Picon, David) (Entered: 07/06/2018)	July 6, 2018	July 6, 2018 PACER
42	MOTION for Leave to File Brief of Amici Curiae (NOTICE of Motion Previously Filed, Dkt. 19). Document filed by Amici Curiae Law Professors.(Picon, David) (Entered: 07/06/2018)	July 6, 2018	July 6, 2018 PACER
43	MEMO ENDORSEMENT on NOTICE OF MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE BY CERTAIN LAW PROFESSORS IN SUPPORT OF PLAINTIFFS' COMPLAINT AND MOTION FOR A PRELIMINARY INJUNCTION granting 42 Motion for Leave to File Document. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 7/6/2018) (anc) (Entered: 07/09/2018)	July 6, 2018	July 6, 2018 PACER
44	ORDER denying as moot 37 Motion for Conference ; denying as moot 38 Motion for Extension of Time; granting 19 Motion to File Amicus Brief. The motion in R.F.M. v. Nielsen for leave to file an amicus brief on behalf of certain law professors is granted. The Clerk is therefore directed to close the motions at docket numbers 19 and 42 in 18-cv-5068. The Clerk is also directed to close the motions at docket numbers 37 and 38 in 18-cv-5068 because those motions are now moot. SO ORDERED. (Signed by Judge John G. Koeltl on 7/7/18) (yv) (Entered: 07/09/2018)	July 7, 2018	July 7, 2018 PACER
45	LETTER MOTION to Seal Document (named plaintiffs' A-files) addressed to Judge John G. Koeltl from AUSA Tomoko Onozawa dated 7/24/2018. Document filed by William Bierman, Thomas Cioppa, Lee Francis Cissna, Robert M. Cowan, Gwynne Dinolfo, Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling.(Onozawa, Tomoko) (Entered: 07/24/2018)	July 24, 2018	July 24, 2018 PACER
46	NOTICE of Administrative Record. Document filed by William Bierman, Thomas Cioppa, Lee Francis Cissna, Robert M. Cowan, Gwynne Dinolfo, Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling. (Attachments: # 1 Supplement D.A.F.A. Administrative Record, # 2 Supplement R.F.M. Administrative Record, # 3 Supplement S.W. Administrative Record, # 4 Supplement T.D. Administrative Record, # 5 Supplement Non A-File Administrative Record)(Onozawa, Tomoko) (Entered: 07/24/2018)	July 24, 2018	July 24, 2018 PACER
47	ORDER granting 45 Motion to Seal Document. APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 7/24/2018) (mro) (Entered: 07/25/2018)	July 25, 2018	July 25, 2018 PACER
48	SEALED DOCUMENT placed in vault.(mhe) (Entered: 07/25/2018)	July 25, 2018	July 25, 2018 PACER
49	LETTER MOTION for Leave to File Excess Pages for Defendants' Brief in Opposition to Plaintiffs' Motions for Leave to Proceed Anonymously, Class Certification, and Preliminary Injunction addressed to Judge John G. Koeltl from AUSA Tomoko Onozawa dated 8/6/2018. Document filed by William Bierman, Thomas Cioppa, Lee Francis Cissna, Robert M. Cowan, Gwynne Dinolfo, Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling.(Onozawa, Tomoko) (Entered: 08/06/2018)	Aug. 6, 2018	Aug. 6, 2018 PACER
50	ORDER granting 49 Letter Motion for Leave to File Excess Pages. Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 8/6/18) (yv) (Entered: 08/07/2018)	Aug. 7, 2018	Aug. 7, 2018 PACER
51	NOTICE OF APPEARANCE by Scott Andrew Eisman on behalf of Amicus Curiae State of New York. (Eisman, Scott) (Entered: 08/07/2018)	Aug. 7, 2018	Aug. 7, 2018 PACER
52	MOTION to File Amicus Brief . Document filed by Amicus Curiae State of New York. (Attachments: # 1 Proposed Brief of Amicus Curiae State of New York)(Eisman, Scott) (Entered: 08/07/2018)	Aug. 7, 2018	Aug. 7, 2018 PACER
53	MEMORANDUM OF LAW in Support re: 52 MOTION to File Amicus Brief . . Document filed by Amicus Curiae State of New York. (Eisman, Scott) (Entered: 08/07/2018)	Aug. 7, 2018	Aug. 7, 2018 PACER
54	MEMO ENDORSEMENT granting 52 Motion to File Amicus Brief. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 8/8/2018) (jwh) (Entered: 08/09/2018)	Aug. 8, 2018	Aug. 8, 2018 PACER
55	NOTICE OF APPEARANCE by Julia M Ansanelli on behalf of Amici Curiae Law Professors. (Ansanelli, Julia) (Entered: 08/10/2018)	Aug. 10, 2018	Aug. 10, 2018 PACER
56	AMENDED COMPLAINT amending 1 Complaint,,, against William Bierman, Thomas Cioppa, Lee Francis Cissna, Robert M. Cowan, Gwynne Dinolfo, Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling.Document filed by T. D., R. F. M., S. W., D. A. F.A., O. M. S.. Related document: 1 Complaint,,,. (Attachments: # 1 Statement Regarding Timeliness of Amended Complaint)(Malionek, Robert) (Entered: 08/10/2018)	Aug. 10, 2018	Aug. 10, 2018 PACER
57	NOTICE of Joinder re: 12 MOTION for Leave to Proceed Anonymously ., 7 MOTION for Preliminary Injunction ., 9 MOTION to Certify Class .. Document filed by O. M. S.. (Malionek, Robert) (Entered: 08/10/2018)	Aug. 10, 2018	Aug. 10, 2018 PACER
58	DECLARATION of Robert J. Malionek in Support re: 57 Notice (Other). Document filed by T. D., D. A. F.A., R. F. M., O. M. S., S. W.. (Attachments: # 1 Exhibit 16 -- Declaration of O.M.S., # 2 Exhibit 17 -- Redline Version of Amended Complaint)(Malionek, Robert) (Entered: 08/10/2018)	Aug. 10, 2018	Aug. 10, 2018 PACER
59	FIRST LETTER MOTION for Extension of Time to File addressed to Judge John G. Koeltl from AUSA Tomoko Onozawa dated 8/10/2018. Document filed by William Bierman, Thomas Cioppa, Lee Francis Cissna, Robert M. Cowan, Gwynne Dinolfo, Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling.(Onozawa, Tomoko) (Entered: 08/10/2018)	Aug. 10, 2018	Aug. 10, 2018 PACER
60	MOTION for Steven Schulman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15441373. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amici Curiae Members of Congress. (Attachments: # 1 Affidavit of Steven Schulman in Support, # 2 Certificate of Good Standing, # 3 Order for Admission Pro Hac Vice)(Schulman, Steven) (Entered: 08/13/2018)	Aug. 13, 2018	Aug. 13, 2018 PACER
	Notice Regarding Pro Hac Vice Motion	Aug. 13, 2018	Aug. 13, 2018 PACER
	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 60 MOTION for Steven Schulman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15441373. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)	Aug. 13, 2018	Aug. 13, 2018 PACER
	Set/Reset Deadlines	Aug. 13, 2018	Aug. 13, 2018 PACER
61	ORDER granting 59 Letter Motion for Extension of Time to File. Application Granted. The request for the revised briefing schedule in 17cv7512 (simil) is also granted. So Ordered. (Signed by Judge John G. Koeltl on 8/11/18) (yv) (Entered: 08/13/2018)	Aug. 13, 2018	Aug. 13, 2018 PACER
	Set/Reset Deadlines: Motions due by 9/20/2018. Responses due by 10/4/2018. Replies due by 10/18/2018. (yv)	Aug. 13, 2018	Aug. 13, 2018 PACER
62	ORDER FOR ADMISSION PRO HAC VICE: granting 60 Motion for Steven Schulman to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 8/14/2018) (ama) (Entered: 08/14/2018)	Aug. 14, 2018	Aug. 14, 2018 PACER
63	LETTER MOTION to Seal Document (A file of plaintiff O.M.S.) addressed to Judge John G. Koeltl from Kirti Vaidya Reddy dated August 29, 2018. Document filed by William Bierman, Thomas Cioppa, Lee Francis Cissna, Robert M. Cowan, Gwynne Dinolfo, Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling.(Reddy, Kirti) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 RECAP
64	LETTER MOTION for Conference in anticipation of filing an application for an order preventing Defendants from removing putative class members addressed to Judge John G. Koeltl from Robert J. Malionek dated August 29, 2018. Document filed by T. D., D. A. F.A., R. F. M., O. M. S., S. W..(Malionek, Robert) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
65	ORDER granting 63 Letter Motion to Seal Document. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni, PART I on 8/30/18) (yv) (Entered: 08/30/2018)	Aug. 30, 2018	Aug. 30, 2018 PACER
66	NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference to be held on Wednesday, September 5, 2018, in Courtroom 14A, at 10:30am, before the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court.For any further information, please contact the Court at (212) 805-0107. (Pretrial Conference set for 9/5/2018 at 10:30 AM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.)(rro) (Entered: 08/30/2018)	Aug. 30, 2018	Aug. 30, 2018 PACER
67	SECOND LETTER MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Leave to Proceed Anonymously ., 7 MOTION for Preliminary Injunction ., 9 MOTION to Certify Class . and Briefing Schedule for Defendants' Dispositive Motion addressed to Judge John G. Koeltl from AUSA Tomoko Onozawa dated 8/31/2018. Document filed by William Bierman, Thomas Cioppa, Lee Francis Cissna, Robert M. Cowan, Gwynne Dinolfo, Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling.(Onozawa, Tomoko) (Entered: 08/31/2018)	Aug. 31, 2018	Aug. 31, 2018 PACER
68	ORDER granting 67 Letter Motion for Extension of Time to File Response/Reply. Application to amend the briefing schedule as requested is granted, although some of the other dates may be changed after the upcoming conference. So Ordered. (Responses due by 10/11/2018. Replies due by 11/2/2018.) (Signed by Judge John G. Koeltl on 9/3/18) (yv) (Entered: 09/04/2018)	Sept. 4, 2018	Sept. 4, 2018 PACER
	Set/Reset Deadlines	Sept. 4, 2018	Sept. 4, 2018 PACER
	Set/Reset Deadlines: Motions due by 9/27/2018. (yv)	Sept. 4, 2018	Sept. 4, 2018 PACER
69	LETTER RESPONSE to Motion addressed to Judge John G. Koeltl from AUSA Tomoko Onozawa dated 9/4/2018 re: 64 LETTER MOTION for Conference in anticipation of filing an application for an order preventing Defendants from removing putative class members addressed to Judge John G. Koeltl from Robert J. Malionek dated August 29, 2018. . Document filed by William Bierman, Thomas Cioppa, Lee Francis Cissna, Robert M. Cowan, Gwynne Dinolfo, Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling. (Onozawa, Tomoko) (Entered: 09/04/2018)	Sept. 4, 2018	Sept. 4, 2018 PACER
70	NOTICE OF APPEARANCE by Amy Pont on behalf of T. D., D. A. F.A., R. F. M., O. M. S., S. W.. (Pont, Amy) (Entered: 09/04/2018)	Sept. 4, 2018	Sept. 4, 2018 PACER
71	LETTER REPLY to Response to Motion addressed to Judge John G. Koeltl from Robert J. Malionek dated 9/4/2018 re: 64 LETTER MOTION for Conference in anticipation of filing an application for an order preventing Defendants from removing putative class members addressed to Judge John G. Koeltl from Robert J. Malionek dated August 29, 2018. . Document filed by T. D., D. A. F.A., R. F. M., O. M. S., S. W.. (Malionek, Robert) (Entered: 09/04/2018)	Sept. 4, 2018	Sept. 4, 2018 PACER
72	NOTICE OF APPEARANCE by Alexander Richard Delisi on behalf of T. D., D. A. F.A., R. F. M., O. M. S.. (Delisi, Alexander) (Entered: 09/05/2018)	Sept. 5, 2018	Sept. 5, 2018 PACER
	Pre-Motion Conference	Sept. 5, 2018	Sept. 5, 2018 PACER
73	NOTICE OF APPEARANCE by Nicholas Lloyd McQuaid on behalf of T. D., D. A. F.A., R. F. M., O. M. S.. (McQuaid, Nicholas) (Entered: 09/05/2018)	Sept. 5, 2018	Sept. 5, 2018 PACER
	Minute Entry for proceedings held before Judge John G. Koeltl: Conference held on 9/5/2018. (Court Reporter Sam Mauro)(Fletcher, Donnie)	Sept. 5, 2018	Sept. 5, 2018 PACER
74	NOTICE of Supplemental Administrative Record. Document filed by William Bierman, Thomas Cioppa, Lee Francis Cissna, Robert M. Cowan, Gwynne Dinolfo, Brian Meier, Elizabeth Miller, Edward Newman, Kirstjen Nielsen, Gina Pastore, Daniel Renaud, Barbara Velarde, Carmen Whaling. (Attachments: # 1 Supplement O.M.S. Administrative Record)(Reddy, Kirti) (Entered: 09/07/2018)	Sept. 7, 2018	Sept. 7, 2018 PACER

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Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 7, 2018

Closing Date: June 1, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All immigrants who obtained Special Findings Orders from the New York Family Court between their eighteenth and twenty-first birthdays, applied for SIJ status, and either: (1) [were] issued (i) Notices of Intent to Deny, (ii) Notices of Intent to Revoke, (iii) Decisions of Denial, or (iv) Decisions revoking previously-granted SIJ status since January 1, 2016 on the ground that the Family Court is not a “juvenile court” under 8 C.F.R. § 204.11(a) and/or that the Family Court is not empowered to issue Special Findings Orders under 8 U.S.C. § 1101(a)(27)(J); or (2) have a Special Findings Order finding the eligibility criteria of 8 U.S.C. § 1101(a)(27)(J) are satisfied and have a pending petition for SIJ status before the USCIS based on the Special Findings Order.

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

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

U.S. Citizenship and Immigration Services (- United States (national) -), Federal

Case Details

Causes of Action:

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