Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: J.L. v. Cissna

5:18-cv-04914 | U.S. District Court for the Northern District of California

Filed Date: Aug. 14, 2018

Closed Date: March 3, 2022

Clearinghouse coding complete

Case Summary

This class action lawsuit challenged changes during the Trump administration to the operation of Special Immigrant Juveniles (SIJ) Status program.  SIJ Status provides a pathway to lawful permanent residency in the U.S. for immigrants under the age of 21 who have been found dependent on a juvenile court because parental reunification is not possible and return to country of nationality is not in the juvenile's best interest.  Unlike other immigration remedies, which are processed solely before …

This class action lawsuit challenged changes during the Trump administration to the operation of Special Immigrant Juveniles (SIJ) Status program.  SIJ Status provides a pathway to lawful permanent residency in the U.S. for immigrants under the age of 21 who have been found dependent on a juvenile court because parental reunification is not possible and return to country of nationality is not in the juvenile's best interest.  Unlike other immigration remedies, which are processed solely before federal immigration authorities, SIJS requires a state “juvenile court” to first make certain determinations under state law about the child’s welfare, custody and best interest, before the SIJS petition can be considered by U.S. Citizenship and Immigration Services (USCIS).  In 2015, the California Legislature passed a new law, Assembly Bill 900, which gave California probate courts jurisdiction to appoint legal guardians and to issue SIJ findings for children between the ages of 18 and 20.  

On August 14, 2018, four young adults who received guardianship orders from California probate courts and sought SIJ status before USCIS brought this class action in the U.S. District Court for the Northern District of California against USCIS, the U.S. Department of Homeland Security and the individual officers in charge of these departments.  The plaintiffs challenged a 2017 USCIS policy, adopted without any underlying change in federal or state law,  requiring state courts to have the authority to return a child to the custody of their parent in order to find that reunification was not viable for purposes of their SIJ eligibility.  The plaintiffs claimed that their SIJ petitions were unlawfully denied or remained pending because, pursuant to this policy, USCIS refused to recognize the California probate courts as competent “juvenile courts” that were capable of issuing SIJ findings.  They brought claims under the Fifth and Fourteenth Amendment Due Process Clause, the Immigration and Nationality Act (INS) and the Administrative Procedure Act (APA).  The plaintiffs sought to certify a class of similarly situated young adults seeking SIJ status, a declaratory judgment that the challenged policy was unlawful, rescission of the allegedly improper denial of their petitions and attorney's fees.  The case was assigned to Magistrate Judge Nathaniel M. Cousins.  The plaintiffs were represented by Public Counsel and the Lawyers' Committee for Civil Rights of the San Francisco Bay Area, in addition to a private law firm.

Shortly after the case was filed, the plaintiffs moved for a preliminary injunction, which Judge Cousins granted on October 24, 2018.  341 F. Supp.3d 1048.  Judge Cousins found that the plaintiffs were likely to succeed on the merits of their APA claim that the USCIS policy was arbitrary and capricious because it was inconsistent with the SIJ statute, and implemented without a reasoned explanation and the notice and comment procedures required by the APA.  He rejected USCIS’ argument that three of the named plaintiffs, whose SIJ petitions remained pending, had not been subject to “judicially reviewable final agency action” since they contested USCIS’ adoption of the policy, as opposed to the specific SIJ petitions that would follow.  Finally, Judge Cousins found that the plaintiffs had demonstrated they would suffer irreparable harm without the injunction because of the lost opportunity to use California probate court orders to obtain SIJ status and its associated benefits.  The preliminary injunction prohibited defendants from relying on the challenged policy to deny SIJ classification and from removing or initiating removal proceedings against any juvenile immigrant whose SIJ petition was denied on that basis. 

In November 2018, the plaintiffs filed a motion for class certification.  Judge Cousins certified the class on February 1, 2019 to include "children who have received or will receive guardianship orders [from California probate courts] and who have received or will receive denials of their SIJS petitions" by USCIS as a result of the new policy.  2019 WL 415579.  

The defendants moved to dismiss the case on January 7, 2019.  Judge Cousins denied the motion on March 15, 2019.  374 F.Supp.3d 855.  First, Judge Cousins again found that the new SIJ requirement constituted a judicially reviewable final agency action under the APA, despite defendants’ renewed argument to the contrary.  Second, he held that the REAL ID Act of 2005, which prevents district courts from hearing the claims of aliens where the federal government has pursued deportation of those aliens, did not apply because the plaintiffs challenged USCIS’ application of the SIJ statute, not any decision to seek their removal.  Third, Judge Cousins determined that the policy was subject to the notice and comment procedures required by the APA, which USCIS had failed to follow.  Finally, he held that the plaintiffs had plausibly alleged a protected property interest in SIJ status and, therefore, sufficient support for their fifth and fourteenth amendment due process claims.  

The parties filed cross motions for summary judgment in August 2019.  Prior to a hearing or decision on these motions, however, the parties initiated settlement negotiations.  The case was referred to Magistrate Judge Donna M. Ryu for settlement on September 18, 2019.  

In October 2019, the parties reached a settlement agreement that required USCIS to rescind its policy requiring a state court to have jurisdiction over parental reunification and to recognize California probate courts as capable of making findings for SIJ purposes.  The agreement mandated that defendants adjudicate the SIJ petitions of all named plaintiffs and class members.  Class members retained the right to challenge the adjudication of their individual immigration petitions or removal orders.  The parties agreed to exclude attorneys' fees and costs from the agreement, which plaintiffs' counsel could instead seek under the Equal Access to Justice Act.  Judge Cousins approved the settlement agreement on December 18, 2019, and the court’s retained jurisdiction to enforce its terms for one year after a further Court order approving Defendants' certification that they had fully adjudicated the petitions of the class members in compliance with the agreement. 

On December 13, 2019, however, the parties filed a joint statement notifying the court that three class members had been removed from the U.S. in an apparent violation of the court’s preliminary injunction.  Judge Cousins held the defendants in civil contempt on February 20, 2020, after finding that they had violated the injunction by removing five class members with pending SIJ petitions and by failing to provide notice to plaintiffs' counsel of those removals.  2020 WL 2562895.  He rejected defendants’ arguments that they had complied with or taken all reasonable steps within their power to comply with the injunction, ordered defendants to return these removed individuals to the U.S. within two weeks and to file a status report explaining their compliance.  Moreover, Judge Cousins ordered defendants to pay both compensatory and coercive sanctions to plaintiffs’ counsel, including the costs associated with the removed class members’ travel to the U.S. and a fine for each day exceeding two weeks in which any class member was not returned to the U.S.  The defendants eventually confirmed that each deported class member had returned to the U.S.  

The settlement agreement remained in force until March 2021, when the court certified that the agency had fully complied with its terms by fully adjudicating the SIJ petitions of class members. The case is now closed.  

Summary Authors

Chris Miller (10/23/2022)

Documents in the Clearinghouse

Document
1

5:18-cv-04914

Class Action Complaint for Declaratory and Injunctive Relief

Aug. 14, 2018

Aug. 14, 2018

Complaint
49

5:18-cv-04914

Order Granting Plaintiff's Motion for Preliminary Injunction

Oct. 24, 2018

Oct. 24, 2018

Order/Opinion
70

5:18-cv-04914

First Amended Class Action Complaint For Declaratory and Injunctive Relief

Nov. 20, 2018

Nov. 20, 2018

Complaint
112

5:18-cv-04914

Order Granting Plaintiff's Motion for Class Certification

Feb. 1, 2019

Feb. 1, 2019

Order/Opinion
142

5:18-cv-04914

Order Denying Defendants' Motion to Dismiss

March 15, 2019

March 15, 2019

Order/Opinion
211

Settlement Agreement

Oct. 25, 2019

Oct. 25, 2019

Settlement Agreement
218

5:18-cv-04914

Order Granting Preliminary Approval of Settlement Agreement

Oct. 30, 2019

Oct. 30, 2019

Order/Opinion
224

5:18-cv-04914

Order to Show Cause Why Defendants Should Not be Held in Civil Contempt

Dec. 16, 2019

Dec. 16, 2019

Order/Opinion
228

5:18-cv-04914

Order Granting Final Approval of the Settlement Agreement

Dec. 18, 2019

Dec. 18, 2019

Order/Opinion
229

5:18-cv-04914

Judgment

Dec. 18, 2019

Dec. 18, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7657940/jl-v-lee-francis-cissna/

Last updated Oct. 12, 2022, 11:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against Lee Francis Cissna, Kirstjen M. Nielsen, Robert Cowan, United States Department of Homeland Security, United States Citizenship and Immigration Services ( Filing fee $ 400, receipt number 0971-12592534.). Filed byJ.L., J.B.A., M.D.G.B., M.V.B.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet)(Castillo, Sirena) (Filed on 8/14/2018) (Entered: 08/14/2018)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Civil Cover Sheet

View on PACER

Aug. 14, 2018

Aug. 14, 2018

Clearinghouse
2

*Filing Error* Proposed Summons. (Castillo, Sirena) (Filed on 8/14/2018) Modified on 8/14/2018 (sfbS, COURT STAFF). (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
3

Certificate of Interested Entities by J.B.A., J.L., M.D.G.B., M.V.B. re 1 Complaint, (Castillo, Sirena) (Filed on 8/14/2018) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
4

Case assigned to Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/28/2018. (bwS, COURT STAFF) (Filed on 8/14/2018) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
5

MOTION for Leave to Proceed Using Pseudonyms re 1 Complaint, filed by J.B.A., J.L., M.D.G.B., M.V.B.. Responses due by 8/28/2018. Replies due by 9/4/2018. (Attachments: # 1 Proposed Order)(Castillo, Sirena) (Filed on 8/14/2018) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
6

MOTION for Preliminary Injunction filed by J.B.A., J.L., M.D.G.B., M.V.B.. Responses due by 8/28/2018. Replies due by 9/4/2018. (Attachments: # 1 Proposed Order)(Castillo, Sirena) (Filed on 8/14/2018) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
7

Appendix re 5 MOTION for Leave to Proceed Using Pseudonyms re 1 Complaint,, 6 MOTION for Preliminary Injunction -- Plaintiffs' Appendix of Evidence filed byJ.B.A., J.L., M.D.G.B., M.V.B.. (Attachments: # 1 Declaration of J.L., # 2 Declaration of M.V.B., # 3 Declaration of M.D.G.B., # 4 Declaration of J.B.A., # 5 Declaration of Amanda Lynn Bhuket, # 6 Declaration of Sirena P. Castillo, # 7 Declaration of Kristen Jackson, # 8 Declaration of Beth Tsoulos, # 9 Declaration of Debra Waters-Roman)(Related document(s) 5, 6 ) (Castillo, Sirena) (Filed on 8/14/2018) *Exhibits 1-5 have been locked at filer's request due to sensitive material* Modified on 8/22/2018 (sfbS, COURT STAFF). DOCUMENT(S) 7-1 TO 7-5 REMOVED PURSUANT TO ORDER 20 (jy, COURT STAFF). Modified on 8/28/2018 (jy, COURT STAFF). (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
8

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/7/2018. Initial Case Management Conference set for 11/14/2018 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 8/14/2018) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
9

CLERK'S NOTICE REGARDING Consent or Declination: All parties shall file a consent or declination to proceed before a magistrate judge by 8/21/2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Plaintiffs are to serve a copy of this consent notice upon defendants. (lmh, COURT STAFF) (Filed on 8/14/2018) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
10

Proposed Summons. (Castillo, Sirena) (Filed on 8/14/2018) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER

Electronic filing error. Duplicate entry. [err103]This filing will not be processed by the clerks office. Please re-file in its entirety. *Only 1 Outstanding Summons can be Iss ued per Defendant* Re: 2 Proposed Summons filed by M.D.G.B., M.V.B., J.B.A., J.L. (sfbS, COURT STAFF) (Filed on 8/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
11

NOTICE of Appearance by Matthew Brent Golper (Golper, Matthew) (Filed on 8/15/2018) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
12

Summons Issued as to Lee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (sfbS, COURT STAFF) (Filed on 8/15/2018) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
13

NOTICE of Appearance by Kathleen Elizabeth Ingra Wise on behalf of J.L., M.V.B., M.D.G.B., and J.B.A., and all others similarly situated, Plaintiffs. (Wise, Kathleen) (Filed on 8/16/2018) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
14

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by J.B.A., J.L., M.D.G.B., M.V.B... (Castillo, Sirena) (Filed on 8/21/2018) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
15

**Filing Error Disregard Duplicate Entry** Summons Issued as to Lee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (sfbS, COURT STAFF) (Filed on 8/22/2018) Modified on 8/22/2018 (sfbS, COURT STAFF). (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
16

MOTION to Remove Incorrectly Filed Document filed by J.B.A., J.L., M.D.G.B., M.V.B.. (Attachments: # 1 Certificate/Proof of Service)(Castillo, Sirena) (Filed on 8/22/2018) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
17

EXHIBITS re 16 MOTION to Remove Incorrectly Filed Document, 7 Appendix,,, CORRECTION OF DOCKET # [7-1], # [7-2], # [7-3],# [7-4], # [7-5] filed byJ.B.A., J.L., M.D.G.B., M.V.B.. (Attachments: # 1 Corrected Version of Docket #7-2 Decl. of MVB Redacted, # 2 Corrected Version of Docket #7-3 Decl. of MDGB Redacted, # 3 Corrected Version of Docket #7-4 Decl. of JBA Redacted, # 4 Corrected Version of Docket #7-5 Decl. of Bhuket Redacted, # 5 Certificate/Proof of Service)(Related document(s) 16, 7 ) (Castillo, Sirena) (Filed on 8/22/2018) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
18

Renotice motion hearing re 5 MOTION for Leave to Proceed Using Pseudonyms re 1 Complaint, Amended Notice of Motion filed byJ.B.A., J.L., M.D.G.B., M.V.B.. (Related document(s) 5 ) (Golper, Matthew) (Filed on 8/24/2018) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
19

Renotice motion hearing re 6 MOTION for Preliminary Injunction Amended Notice of Motion for Preliminary Injunction filed byJ.B.A., J.L., M.D.G.B., M.V.B.. (Related document(s) 6 ) (Golper, Matthew) (Filed on 8/24/2018) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
20

ORDER GRANTING Plaintiffs' Motion to Remove Incorrectly File Documents 16 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/27/2018) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
21

CLERK'S NOTICE REGARDING Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 8/31/2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Plaintiffs to serve this notice upon defendants. (lmh, COURT STAFF) (Filed on 8/27/2018) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
22

CLERK'S NOTICE SETTING HEARING PURSUANT to Amended Notice of Preliminary Injunction 19 . Hearing re Motion for Leave to Proceed Using Pseudonyms 5 and Motion for Preliminary Injunction 6 set for 10/3/2018 01:00 PM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 8/28/2018) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
23

STIPULATION WITH PROPOSED ORDER Continuing Hearings on Plaintiffs' (1) Motion for Preliminary Injunction and (2) Motion for Leave to Proceed Using Pseudonyms and Setting Briefing Schedule filed by Lee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Pyle, Michael) (Filed on 8/28/2018) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
24

CERTIFICATE OF SERVICE by J.B.A., J.L., M.D.G.B., M.V.B. re 21 Clerk's Notice re: Consent or Declination, of Assignment of United States Magistrate Judge Nathanael M. Cousins (Nelson, Allison) (Filed on 8/28/2018) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
25

ORDER GRANTING STIPULATION Continuing Hearings on Plaintiffs' Motion for Preliminary Injunction 6 and Motion for Leave to Proceed Using Pseudonyms 5 . Responses due by 9/18/2018. Replies due by 10/2/2018. Motion Hearing set for 10/17/2018 01:00 PM in San Jose, Courtroom 7, 4th Floor. Signed by Judge Nathanael Cousins on 8/28/2018. (lmh, COURT STAFF) (Filed on 8/28/2018) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
26

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security.. (Pyle, Michael) (Filed on 9/4/2018) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
27

SUMMONS Returned Executed by M.D.G.B., M.V.B., J.B.A., J.L.. All Defendants. Service of the Summons and Complaint was executed upon the United States Attorney's Office by delivering a copy to Non-Legible Signature. Service of the Summons and Complaint was executed upon the office of the United States Attorney General by delivering a copy to Non-Legible Signature. Service of the Summons and Complaint was executed upon the Office of the General Counsel, Department of Homeland Security by delivering a copy to No Signature Provided. Service was executed in compliance with Federal Rules of Civil Procedure. Due Diligence Declaration or USPS Tracking Delivery Confirmation attached. Registered or Certified Mail Return Receipts attached. Original Summons NOT returned. (Nelson, Allison) (Filed on 9/5/2018) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
28

NOTICE of Appearance by Michael Gregory Nordon on behalf of J.L., M.V.B., M.D.G.B., and J.B.A., and all others similarly situated, Plaintiffs (Nordon, Michael) (Filed on 9/11/2018) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
29

NOTICE of Appearance by Allison Claire Nelson on behalf of J.L., M.V.B., M.D.G.B., and J.B.A., and all others similarly situated, Plaintiffs (Nelson, Allison) (Filed on 9/12/2018) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER
30

NOTICE of Appearance by Ari Nazarov (Nazarov, Ari) (Filed on 9/17/2018) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
31

OPPOSITION/RESPONSE (re 5 MOTION for Leave to Proceed Using Pseudonyms re 1 Complaint, ) filed byLee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services. (Nazarov, Ari) (Filed on 9/18/2018) (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

PACER
32

OPPOSITION/RESPONSE (re 6 MOTION for Preliminary Injunction ) filed byLee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Nazarov, Ari) (Filed on 9/18/2018) (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

PACER
33

ERRATA re 32 Opposition/Response to Motion, by Lee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services. (Nazarov, Ari) (Filed on 9/21/2018) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER
34

OPPOSITION/RESPONSE (re 6 MOTION for Preliminary Injunction ) CORRECTED filed byLee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Nazarov, Ari) (Filed on 9/21/2018) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER
35

MOTION for Leave to File Amicus Brief filed by Immigration, Children's Rights and Family Law Scholars. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Daum, Nicholas) (Filed on 9/27/2018) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
36

REPLY (re 5 MOTION for Leave to Proceed Using Pseudonyms re 1 Complaint, ) filed byJ.B.A., J.L., M.D.G.B., M.V.B.. (Attachments: # 1 Declaration of S. Castillo ISO Plaintiffs Pseudonym Reply Brief, # 2 Exhibit 1 to Declaration of S. Castillo)(Golper, Matthew) (Filed on 10/2/2018) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
37

REPLY (re 6 MOTION for Preliminary Injunction ) filed byJ.B.A., J.L., M.D.G.B., M.V.B.. (Attachments: # 1 Supplement Plaintiffs' Request for Judicial Notice ISO Reply ISO Motion for Preliminary Injunction, # 2 Exhibit A to Request for Judicial Notice, # 3 Exhibit B to Request for Judicial Notice, # 4 Exhibit C to Request for Judicial Notice, # 5 Exhibit D to Request for Judicial Notice, # 6 Exhibit E to Request for Judicial Notice)(Golper, Matthew) (Filed on 10/2/2018) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
38

ORDER GRANTING MOTION for Leave to File Amicus Brief filed by Immigration, Children's Rights and Family Law Scholars 35 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/9/2018) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
39

MOTION for Leave to File Amicus Brief filed by Non-Profit SIJS Service Providers. (Attachments: # 1 Exhibit A - Proposed Amicus Brief, # 2 Proposed Order)(Dakin-Grimm, Linda) (Filed on 10/9/2018) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
40

NOTICE of Appearance by Kenneth John Ian (Ian, Kenneth) (Filed on 10/10/2018) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
41

ORDER GRANTING MOTION FOR LEAVE TO FILE AMICUS BRIEF. Re: Dkt. No. 39 . Defendants may respond to the amicus briefs currently filed with the Court. Any response is limited to a combined length of ten pages and must filed by 10/16/2018. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/11/2018) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
42

CLERK'S NOTICE ADVANCING HEARING RE: Motion for Leave to Proceed Using Pseudonyms 5 and Motion for Preliminary Injunction 6 . Motion Hearing reset for 10/17/2018 11:30 AM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/12/2018) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
43

Supplemental Brief re 6 MOTION for Preliminary Injunction (Supplemental Authority in Support Thereof) filed byJ.B.A., J.L., M.D.G.B., M.V.B.. (Attachments: # 1 Exhibit A)(Related document(s) 6 ) (Golper, Matthew) (Filed on 10/12/2018) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
44

NOTICE of Appearance by Nicole Joann Thomas-Dorris (Thomas-Dorris, Nicole) (Filed on 10/16/2018) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
45

RESPONSE to re 41 Order on Motion for Leave to File, by Lee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Thomas-Dorris, Nicole) (Filed on 10/16/2018) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
46

Minute Entry for proceedings held before Judge Nathanael M. Cousins. Motion hearing held on 10/17/2018: Plaintiffs' Motion for Leave to Proceed Using Pseudonyms 5 - granted; Parties to draft protective order and submit to the Court by 10/31/2018; Plaintiffs' Motion for Preliminary Injunction 6 - submitted; Court to issue written ruling. Attorneys for Plaintiffs: Adrianne Marshack, Mary Tanagho Ross, Sara Van Hofwegen. Attorneys for Defendants: Ari Nazarov, Kenneth Ian. Also present were Attorneys for Amicus Non-Profit SIJS Service Providers: Thomas Kreller, Linda dakim-Grimm. (FTR Time: 11:48am - 12:32pm.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 10/17/2018) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
47

PDF with attached Audio File. Court Date & Time [ 10/17/2018 11:48:48 AM ]. File Size [ 20784 KB ]. Run Time [ 00:43:18 ]. (courtspeak). (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
48

STIPULATION Pursuant to Rule 6-1(a) filed by Lee Francis Cissna, Robert Cowan. (Nazarov, Ari) (Filed on 10/19/2018) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
49

ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION. Re: Dkt. 6 . Within 28 days of this Order, Plaintiffs must move for class certification pursuant to Federal Rule of Civil Procedure 23. Within 14 days of this Order, Defendants must serve and file a declaration verifying that they have complied with this Order and detailing what steps, if any, they have taken to do so. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/24/2018) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

Clearinghouse
50

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Castillo, Sirena) (Filed on 10/24/2018) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
51

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Castillo, Sirena) (Filed on 10/24/2018) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
52

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Castillo, Sirena) (Filed on 10/25/2018) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

PACER
53

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Castillo, Sirena) (Filed on 10/25/2018) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

PACER
54

STIPULATION WITH PROPOSED ORDER to Continue Filing of Protective Order and Answer filed by Lee Francis Cissna, Robert Cowan. (Nazarov, Ari) (Filed on 10/31/2018) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
55

ORDER GRANTING STIPULATION to Continue Filing of Protective Order and Answer 54 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/31/2018) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
56

STIPULATION WITH PROPOSED ORDER to draft and file joint motion requesting Court's assistance with protective order filed by Lee Francis Cissna, Robert Cowan. (Nazarov, Ari) (Filed on 11/5/2018) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
57

ORDER GRANTING STIPULATION CONTINUING FILING OF PROTECTIVE ORDER 35 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/5/2018) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
58

Response re 49 Order on Motion for Preliminary Injunction, Compliance with Court Order byLee Francis Cissna, Robert Cowan. (Attachments: # 1 Declaration)(Nazarov, Ari) (Filed on 11/7/2018) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
59

CASE MANAGEMENT STATEMENT -- JOINT filed by J.B.A., J.L., M.D.G.B., M.V.B.. (Castillo, Sirena) (Filed on 11/7/2018) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
60

RESPONSE to re 49 Order on Motion for Preliminary Injunction, Compliance with Court Order by Lee Francis Cissna, Robert Cowan. (Attachments: # 1 Declaration)(Nazarov, Ari) (Filed on 11/8/2018) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
61

Joint MOTION for Protective Order filed by Lee Francis Cissna, Robert Cowan. Motion Hearing set for 11/14/2018 10:00 AM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 11/23/2018. Replies due by 11/30/2018. (Attachments: # 1 Exhibit, # 2 Exhibit)(Nazarov, Ari) (Filed on 11/8/2018) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
62

Minute Entry for proceedings held before Judge Nathanael M. Cousins. Motion hearing and Initial Case Management Conference held on 11/14/2018: Court grants motion for protective order 61 ; Plaintiff to file separate proposed order; Court to issue scheduling order. Attorney for Plaintiffs: Sirena Castillo. Attorney for Defendants: Kenneth Ian. (FTR Time: 10:18am - 10:51am.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 11/14/2018) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
63

CASE MANAGEMENT SCHEDULING ORDER: Deadline to amend pleadings and add parties is 12/1/2018; Plaintiffs must file their motion for class certification by 11/21/2018; Discovery related to Plaintiffs' APA claim must be completed by 1/23/2019; All other fact discovery must be completed by 5/1/2019; Discovery of expert witnesses must be completed by 5/1/2019; Further Telephonic Case Management Conference set for 2/8/2019 10:00 AM; Updated CMC statement due by 2/1/2019; Dispositive motions must be filed and served by 8/5/2019; Pretrial Conference set for 10/23/2019 at 01:00 PM; Bench Trial set for five days will commence on 11/4/2019 09:00 AM in Courtroom 5, 4th Floor. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/14/2018) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
64

PDF with attached Audio File. Court Date & Time [ 11/14/2018 10:18:30 AM ]. File Size [ 15848 KB ]. Run Time [ 00:33:01 ]. (courtspeak). (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
65

Proposed Order re 62 Motion Hearing,,, Case Management Conference - Initial,,, Order on Motion for Protective Order,, by J.B.A., J.L., M.D.G.B., M.V.B.. (Attachments: # 1 Proposed Order [Proposed] Protective Order)(Castillo, Sirena) (Filed on 11/16/2018) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
66

PROTECTIVE ORDER. Signed by Judge Nathanael Cousins on 11/19/2018. (lmh, COURT STAFF) (Filed on 11/19/2018) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
67

NOTICE of Appearance by Catherine McGann Reno (Reno, Catherine) (Filed on 11/19/2018) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
68

STIPULATION WITH PROPOSED ORDER re 63 Case Management Scheduling Order,,, Regarding the Amended Complaint and Answer filed by Lee Francis Cissna, Robert Cowan. (Nazarov, Ari) (Filed on 11/19/2018) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
69

CLERK'S NOTICE RESETTING Further Case Management Conference to Wednesday, 2/13/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. Case Management Statement due by 2/6/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 11/20/2018) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
70

AMENDED COMPLAINT against All Defendants. Filed byM.D.G.B., J.B.A., J.L., M.G.S.. (Golper, Matthew) (Filed on 11/20/2018) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

Clearinghouse
71

MOTION to Certify Class And Appointment of Class Counsel; Memorandum Of Points & Authorities filed by J.B.A., J.L., M.D.G.B., M.G.S.. Motion Hearing set for 1/23/2019 01:00 PM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. Responses due by 12/20/2018. Replies due by 1/9/2019. (Castillo, Sirena) (Filed on 11/21/2018) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
72

Appendix re 71 MOTION to Certify Class And Appointment of Class Counsel; Memorandum Of Points & Authorities filed byJ.B.A., J.L., M.D.G.B., M.G.S.. (Attachments: # 1 Declaration J.L., # 2 Declaration J.B.A, # 3 Declaration M.D.G.B, # 4 Declaration M.G.S, # 5 Declaration Castillo, # 6 Declaration Della, # 7 Declaration Ross, # 8 Declaration Albrecht, # 9 Declaration Simonini, # 10 Declaration Chavez, # 11 Declaration Elder, # 12 Declaration Herrera, # 13 Declaration Huttenburg, # 14 Declaration McSorley, # 15 Declaration Melwani, # 16 Declaration Johansen-Mendez, # 17 Declaration Mendoza, # 18 Declaration Mittal, # 19 Declaration Pop, # 20 Declaration Reggio, # 21 Declaration Seay, # 22 Declaration Swenson, # 23 Declaration Yamasaki, # 24 Declaration Vincent)(Related document(s) 71 ) (Castillo, Sirena) (Filed on 11/21/2018) (Entered: 11/21/2018)

1 Declaration J.L.

View on RECAP

2 Declaration J.B.A

View on PACER

3 Declaration M.D.G.B

View on PACER

4 Declaration M.G.S

View on PACER

5 Declaration Castillo

View on PACER

6 Declaration Della

View on PACER

7 Declaration Ross

View on PACER

8 Declaration Albrecht

View on PACER

9 Declaration Simonini

View on PACER

10 Declaration Chavez

View on PACER

11 Declaration Elder

View on PACER

12 Declaration Herrera

View on PACER

13 Declaration Huttenburg

View on PACER

14 Declaration McSorley

View on PACER

15 Declaration Melwani

View on PACER

16 Declaration Johansen-Mendez

View on PACER

17 Declaration Mendoza

View on PACER

18 Declaration Mittal

View on PACER

19 Declaration Pop

View on PACER

20 Declaration Reggio

View on PACER

21 Declaration Seay

View on PACER

22 Declaration Swenson

View on PACER

23 Declaration Yamasaki

View on PACER

24 Declaration Vincent

View on PACER

Nov. 21, 2018

Nov. 21, 2018

PACER
73

Proposed Order re 71 MOTION to Certify Class And Appointment of Class Counsel; Memorandum Of Points & Authorities by J.B.A., J.L., M.D.G.B., M.G.S.. (Castillo, Sirena) (Filed on 11/21/2018) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
74

RESPONSE to re 60 Response ( Non Motion ), 58 Response Defendants' Notice of Compliance With Court Order Dated October 24, 2018 by J.B.A., J.L., M.D.G.B., M.G.S.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Castillo, Sirena) (Filed on 11/21/2018) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
75

STIPULATION WITH PROPOSED ORDER JOINT filed by Lee Francis Cissna, Robert Cowan. (Nazarov, Ari) (Filed on 11/27/2018) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
76

ORDER GRANTING JOINT STIPULATION REGARDING THE AMENDED COMPLAINT AND ANSWER 75 . The stipulation at Dkt. 68 is denied as moot. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/28/2018) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
77

NOTICE by Lee Francis Cissna, Robert Cowan re 74 Response ( Non Motion ), Of Updated Compliance (Attachments: # 1 Exhibit, # 2 Exhibit)(Nazarov, Ari) (Filed on 11/30/2018) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
78

NOTICE of Appearance by Katelyn Masetta-Alvarez (Masetta-Alvarez, Katelyn) (Filed on 12/19/2018) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER
79

OPPOSITION/RESPONSE (re 71 MOTION to Certify Class And Appointment of Class Counsel; Memorandum Of Points & Authorities ) filed byLee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Reno, Catherine) (Filed on 12/20/2018) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
80

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Lee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Appeal fee FEE WAIVED.) (Masetta-Alvarez, Katelyn) (Filed on 12/20/2018) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
81

ORDER RE: NOTICE OF APPEAL. Re: Dkt. No. 80 . The Court ORDERS the parties to meet and confer regarding the Court's jurisdiction over this case and whether further proceedings should be stayed. The parties must file a joint letter brief addressing these issues by 1/4/209. Signed by Judge Nathanael Cousins on 12/21/2018. (lmh, COURT STAFF) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
82

TRANSCRIPT ORDER for proceedings held on 10/17/2018 before Judge Nathanael M. Cousins by Lee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security, for Court Reporter FTR - San Jose. (Masetta-Alvarez, Katelyn) (Filed on 12/21/2018) (TRANSCRIBER: JOAN COLUMBINI) Modified on 12/24/2018 (lmh, COURT STAFF). (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
83

MOTION for Extension of Time to File as to 81 ORDER RE: NOTICE OF APPEAL. Re: Dkt. No. 80 filed by Lee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Reno, Catherine) (Filed on 12/26/2018) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
84

Order denying 83 Motion for Extension of Time to File, for lack of good cause shown, entered by Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
85

USCA Case Number 18-17428 USCA (sfbS, COURT STAFF) (Filed on 12/26/2018) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
86

MOTION for Extension of Time to File Response/Reply as to 70 Amended Complaint, MOTION for Extension of Time to Complete Discovery as to 76 ORDER GRANTING JOINT STIPULATION filed by Lee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Reno, Catherine) (Filed on 1/2/2019) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
87

OPPOSITION/RESPONSE (re 86 MOTION for Extension of Time to File Response/Reply as to 70 Amended Complaint MOTION for Extension of Time to Complete Discovery as to 76 ORDER GRANTING JOINT STIPULATION ) filed byJ.B.A., J.L., M.D.G.B., M.V.B.. (Castillo, Sirena) (Filed on 1/3/2019) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
88

Order denying 86 Motion for Extension of Time to File Response/Reply ; denying 86 Motion for Extension of Time to Complete Discovery entered by Judge Nathanael M. Cousins. The requested extensions are not supported by good cause. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
89

Letter Joint Letter Brief re Court's Jurisdiction and Whether Further Proceedings Should Be Stayed.. (Castillo, Sirena) (Filed on 1/4/2019) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER
90

ORDER RE: JOINT LETTER BRIEF ON JURISDICTION AND STAY OF PROCEEDINGS. Re: Dkt. No. 81, 89 . Signed by Judge Nathanael Cousins on 1/7/2019. (lmh, COURT STAFF) (Filed on 1/7/2019) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
91

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Lee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. Motion Hearing set for 3/6/2019 01:00 PM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. Responses due by 1/28/2019. Replies due by 2/11/2019. (Reno, Catherine) (Filed on 1/7/2019) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
92

Transcript Designation Form for proceedings held on 10/17/18 before Judge Cousins, N., Transcript due by 1/15/2019. (Masetta-Alvarez, Katelyn) (Filed on 1/8/2019) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
93

Transcript of Proceedings held on October 17, 2018, before Judge Nathanael M. Cousins. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 82 Transcript Order, ) Redaction Request due 1/30/2019. Redacted Transcript Deadline set for 2/11/2019. Release of Transcript Restriction set for 4/9/2019. (Related documents(s) 82 ) (Columbini, Joan) (Filed on 1/9/2019) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
94

REPLY (re 71 MOTION to Certify Class And Appointment of Class Counsel; Memorandum Of Points & Authorities ) filed byJ.B.A., J.L., M.D.G.B., M.G.S., M.V.B.. (Golper, Matthew) (Filed on 1/9/2019) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
95

TRANSCRIPT ORDER for proceedings held on 10/17/2018 before Judge Nathanael M. Cousins by J.B.A., J.L., M.D.G.B., M.G.S., M.V.B., for Court Reporter Joan Columbini. (Castillo, Sirena) (Filed on 1/10/2019) (Entered: 01/10/2019)

Jan. 10, 2019

Jan. 10, 2019

PACER
96

Administrative Motion to File Under Seal Parts of the CAR filed by Lee Francis Cissna, Robert Cowan. (Attachments: # 1 Declaration Attorney Declaration, # 2 Proposed Order Proposed Order, # 3 Unredacted Portion of CAR - Part 1, # 4 Unredacted Portion of CAR - Part 2, # 5 Unredacted Portion of CAR - Part 3, # 6 Unredacted Portion of CAR - Part 4, # 7 Unsealed Portion of CAR - Part 5)(Masetta-Alvarez, Katelyn) (Filed on 1/11/2019) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
97

MOTION to Stay re 76 Order on Stipulation, hearing on Plaintiffs Class Certification Motion currently scheduled for January 23, 2019 filed by Lee Francis Cissna, Robert Cowan, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. Responses due by 1/25/2019. Replies due by 2/1/2019. (Reno, Catherine) (Filed on 1/11/2019) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
98

OPPOSITION/RESPONSE (re 97 MOTION to Stay re 76 Order on Stipulation, hearing on Plaintiffs Class Certification Motion currently scheduled for January 23, 2019 ) In Light of Lapse of Appropriations filed byJ.B.A., J.L., M.D.G.B., M.G.S.. (Castillo, Sirena) (Filed on 1/11/2019) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
99

ORDER DENYING DEFENDANTS' MOTION TO STAY. Re: ECF 97 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 1/14/2019) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 14, 2018

Closing Date: March 3, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four young immigrant adults who received guardianship orders from California probate courts and sought Special Immigrant Juvenile (SIJ) status before U.S. Citizenship and Immigration Services (USCIS).

Attorney Organizations:

Public Counsel

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Citizenship and Immigration Services (USCIS) (Washington, District of Columbia), Federal

Case Details

Causes of Action:

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2018 - 2022

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Undocumented immigrants - rights and duties

Visas - criteria

Visas - procedures

Work authorization - criteria

Work authorization - procedures