Case: Americans for Immigration Justice v. U.S. Department of Homeland Security

1:22-cv-03118 | U.S. District Court for the District of Columbia

Filed Date: Oct. 13, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about access to legal counsel for people in immigration detention facilities.  On October 13, 2022, five legal services providers filed suit against the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) in the U.S. District Court for the District of Columbia. The complaint alleged that ICE policies prevented detained people from accessing their attorneys in four immigration detention centers, in violation of the First and Fifth Amendmen…

This is a case about access to legal counsel for people in immigration detention facilities. 

On October 13, 2022, five legal services providers filed suit against the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) in the U.S. District Court for the District of Columbia. The complaint alleged that ICE policies prevented detained people from accessing their attorneys in four immigration detention centers, in violation of the First and Fifth Amendments of the U.S. Constitution.  The plaintiffs also claimed that ICE was violating Section 504 of the Rehabilitation Act, 29 U.S.C. § 794(a), since people with disabilities were more severely impacted by the policies. Finally, the plaintiffs claimed that by failing to enforce compliance with its own National Detention Standards regarding access to counsel, ICE was violating the Administrative Procedure Act, 5 U.S.C. § 706. 

Represented by the American Immigration Council, the ACLU National Prison Project, and various ACLU affiliates, the plaintiff organizations sought declaratory and injunctive relief and attorneys' fees. With their complaint, the plaintiffs submitted notice that their case was related to a similar immigration and access-to-justice case, Southern Poverty Law Center v. U.S. Department of Homeland Security. Accordingly, this case was assigned to the judge for that related case, Judge Colleen Kollar-Kotelly. 

About a month later, on November 18, 2022, the plaintiffs filed an amended complaint that fleshed out their Rehabilitation Act claim by adding relevant definitions and additional supporting facts. At the same time, they filed a motion for a preliminary injunction, seeking broad institutional changes at all four of the offending detention facilities.  

The court granted the preliminary injunction in part and denied it in part on February 1, 2023. The court held that only one of the plaintiffs had established a clear likelihood of success, and only on its Fifth Amendment substantive due process claim related to one facility. Thus, the preliminary injunction provided narrow relief that applied only to a facility in Phoenix, Arizona. Under the court's order, the facility had a choice: install six private, confidential attorney-client visitation rooms that allowed for translation services and the passing of documents between attorney and client, or install a telephone system that blocked anyone from listening to legal calls while in progress. 2023 WL 1438376. Over the following months, the defendants requested and the court granted several extensions of time to comply with the preliminary injunction. As of May 2023, the facility currently had until August 23, 2023 to comply. 

Two weeks after the court issued its preliminary injunction, on February 14 and 17, 2023, the defendants filed several motions: motions to dismiss the complaint for lack of jurisdiction and failure to state a claim, a motion to sever, and a motion to transfer venue. As of May 23, 2023, the court had not yet ruled on those motions. 

The case is ongoing.

Summary Authors

Christina Van Wagenen (5/24/2023)

Related Cases

Southern Poverty Law Center v. U.S. Department of Homeland Security, District of Columbia (2018)

Documents in the Clearinghouse

Document
1

1:22-cv-03118

Complaint for Injunctive and Declaratory Relief

Americans for Immigrant Justice v. U.S. Department of Homeland Security

Oct. 13, 2022

Oct. 13, 2022

Complaint
79

1:22-cv-03118

Memorandum Opinion

Feb. 1, 2023

Feb. 1, 2023

Order/Opinion
97

1:22-cv-03118

Order

Florence Immigrant and Refugee Rights Project v. U.S. Department of Homeland Security

April 11, 2023

April 11, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65422293/americans-for-immigration-justice-v-us-department-of-homeland-security/

Last updated May 23, 2023, 7:20 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against TAE D. JOHNSON, ALEJANDRO N. MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 402 receipt number ADCDC-9596995) filed by IMMIGRATION JUSTICE CAMPAIGN, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, AMERICANS FOR IMMIGRATION JUSTICE, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Cho, Eunice) (Entered: 10/13/2022)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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Oct. 13, 2022

Oct. 13, 2022

Clearinghouse
1

Complaint

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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Oct. 13, 2022

Oct. 13, 2022

Clearinghouse
2

Notice of Related Case

Oct. 13, 2022

Oct. 13, 2022

PACER
2

NOTICE OF RELATED CASE by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. Case related to Case No. 1:18-cv-760. (Cho, Eunice) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
3

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests identifying Corporate Parent NONE by AMERICANS FOR IMMIGRATION JUSTICE (Cho, Eunice) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
3

LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests

Oct. 13, 2022

Oct. 13, 2022

PACER
4

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests identifying Corporate Parent NONE by FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT (Cho, Eunice) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
4

LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests

Oct. 13, 2022

Oct. 13, 2022

PACER
5

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests identifying Corporate Parent NONE by IMMIGRATION JUSTICE CAMPAIGN (Cho, Eunice) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
5

LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests

Oct. 13, 2022

Oct. 13, 2022

PACER
6

LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests

Oct. 13, 2022

Oct. 13, 2022

PACER
6

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests identifying Corporate Parent NONE by IMMIGRATION SERVICES AND LEGAL ADVOCACY (Cho, Eunice) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
7

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests identifying Corporate Parent NONE by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES (Cho, Eunice) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
7

LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests

Oct. 13, 2022

Oct. 13, 2022

PACER
8

NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
8

Notice of Appearance

Oct. 13, 2022

Oct. 13, 2022

PACER
9

Summons Issued Electronically as to AUSA

Oct. 14, 2022

Oct. 14, 2022

PACER
9

SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER
10

Order

Oct. 14, 2022

Oct. 14, 2022

PACER
10

ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 10/14/2022. (DM) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER

Case Assigned/Reassigned

Oct. 14, 2022

Oct. 14, 2022

PACER

Case Assigned/Reassigned

Oct. 14, 2022

Oct. 14, 2022

PACER

Case Assigned to Judge Colleen Kollar-Kotelly. (zmrl)

Oct. 14, 2022

Oct. 14, 2022

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine H. Blankenship, Filing fee $ 100, receipt number ADCDC-9605890. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Blankenship, Katherine) (Entered: 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

PACER
11

Motion for Leave to Appear Pro Hac Vice

Oct. 18, 2022

Oct. 18, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 18, 2022

Oct. 18, 2022

PACER

MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice as to Katherine Blankenship conditional upon counsel Blankenship filing a declaration by October 28, 2022 stating that they have reviewed and are familiar with the Local Rules of this court. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on October 18, 2022. (lcckk1)

Oct. 18, 2022

Oct. 18, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 18, 2022

Oct. 18, 2022

PACER
12

Request for Summons to Issue

Oct. 19, 2022

Oct. 19, 2022

PACER
12

REQUEST FOR SUMMONS TO ISSUE U.S. Department of Homeland Security filed by IMMIGRATION JUSTICE CAMPAIGN, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, AMERICANS FOR IMMIGRATION JUSTICE, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES.(Cho, Eunice) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

PACER
13

SUMMONS (1) Reissued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY (Attachment: # 1 Notice and Consent)(zjm) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

PACER
13

Summons Reissued Electronically

Oct. 19, 2022

Oct. 19, 2022

PACER
14

Notice of Appearance

Oct. 21, 2022

Oct. 21, 2022

PACER
14

NOTICE of Appearance by Katherine Blankenship on behalf of All Plaintiffs (Attachments: # 1 Declaration)(Blankenship, Katherine) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
15

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emma Winger, Filing fee $ 100, receipt number ADCDC-9617129. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration of Emma Winger, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
15

Motion for Leave to Appear Pro Hac Vice

Oct. 21, 2022

Oct. 21, 2022

PACER
16

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Suchita Mathur, Filing fee $ 100, receipt number ADCDC-9617189. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration of Suchita Mathur, # 2 Certofocate of Good Standing, # 3 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
16

Motion for Leave to Appear Pro Hac Vice

Oct. 21, 2022

Oct. 21, 2022

PACER

MINUTE ORDER granting 15 Motion for Leave to Appear Pro Hac Vice as to Emma Winger. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on October 21, 2022. (lcckk1)

Oct. 21, 2022

Oct. 21, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 21, 2022

Oct. 21, 2022

PACER

MINUTE ORDER granting 16 Motion for Leave to Appear Pro Hac Vice as to Suchita Mathur. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on October 21, 2022. (lcckk1)

Oct. 21, 2022

Oct. 21, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 21, 2022

Oct. 21, 2022

PACER
17

ENTERED IN ERROR.....NOTICE of Appearance by Linda S. Dakin-Grimm on behalf of All Plaintiffs (Dakin-Grimm, Linda) Modified on 10/26/2022 (zjm). (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
17

Notice of Appearance

Oct. 24, 2022

Oct. 24, 2022

PACER
18

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stacey J. Rappaport, Filing fee $ 100, receipt number ADCDC-9622497. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration of Stacey J. Rappaport, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Dakin-Grimm, Linda) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
19

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andrew B. Lichtenberg, Filing fee $ 100, receipt number ADCDC-9622518. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration of Andrew B. Lichtenberg, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Dakin-Grimm, Linda) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
20

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph J. Kammerman, Filing fee $ 100, receipt number ADCDC-9622526. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration of Joseph J. Kammerman, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Dakin-Grimm, Linda) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
21

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Adriana Cecilia Pinon, Filing fee $ 100, receipt number ADCDC-9622536. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration of Adriana Pinon, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
22

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bernardo Rafael Cruz, Filing fee $ 100, receipt number ADCDC-9622538. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration of Bernardo Cruz, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
23

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kathryn Lynn Huddleston, Filing fee $ 100, receipt number ADCDC-9622541. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration of Kate Huddleston, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
18

Appear Pro Hac Vice

Oct. 25, 2022

Oct. 25, 2022

PACER
19

Appear Pro Hac Vice

Oct. 25, 2022

Oct. 25, 2022

PACER
20

Appear Pro Hac Vice

Oct. 25, 2022

Oct. 25, 2022

PACER
21

Appear Pro Hac Vice

Oct. 25, 2022

Oct. 25, 2022

PACER
22

Appear Pro Hac Vice

Oct. 25, 2022

Oct. 25, 2022

PACER
23

Appear Pro Hac Vice

Oct. 25, 2022

Oct. 25, 2022

PACER
24

NOTICE of Appearance by Emma Winger on behalf of All Plaintiffs (Winger, Emma) (Entered: 10/25/2022)

Oct. 25, 2022

Oct. 25, 2022

PACER
25

MINUTE ORDER granting 21 Motion for Leave to Appear Pro Hac Vice as to Adriana Cecilia Pinon. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on October 25, 2022. (lcckk1) (Entered: 10/25/2022)

Oct. 25, 2022

Oct. 25, 2022

PACER

MINUTE ORDER granting 23 Motion for Leave to Appear Pro Hac Vice as to Kathryn Lynn Huddleston. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on October 25, 2022. (lcckk1)

Oct. 25, 2022

Oct. 25, 2022

PACER

MINUTE ORDER granting 22 Motion for Leave to Appear Pro Hac Vice as to Bernardo Rafael Cruz. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on October 25, 2022. (lcckk1)

Oct. 25, 2022

Oct. 25, 2022

PACER

MINUTE ORDER granting 19 Motion for Leave to Appear Pro Hac Vice as to Andrew B. Lichtenberg. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on October 25, 2022. (lcckk1)

Oct. 25, 2022

Oct. 25, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 25, 2022

Oct. 25, 2022

PACER

MINUTE ORDER granting 18 Motion for Leave to Appear Pro Hac Vice as to Stacey J. Rappaport. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on October 25, 2022. (lcckk1)

Oct. 25, 2022

Oct. 25, 2022

PACER

MINUTE ORDER granting 20 Motion for Leave to Appear Pro Hac Vice as to Joseph J. Kammerman. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on October 25, 2022. (lcckk1)

Oct. 25, 2022

Oct. 25, 2022

PACER
26

STRICKEN PURSUANT TO MINUTE ORDER FILED 11/01/2022.....NOTICE of Appearance- Pro Bono by Linda S. Dakin-Grimm on behalf of All Plaintiffs (Dakin-Grimm, Linda) Modified on 11/1/2022 (zjm). (Entered: 10/26/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER
27

NOTICE of Appearance by Erin Elizabeth Dexter on behalf of All Plaintiffs (Dexter, Erin) (Entered: 10/26/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER
28

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stacey J. Rappaport, Filing fee $ 100, receipt number ADCDC-9628769. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration of Stacey J. Rappaport, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Dexter, Erin) (Entered: 10/26/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER
29

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andrew B. Lichtenberg, Filing fee $ 100, receipt number ADCDC-9628772. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration of Andrew B. Lichtenberg, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Dexter, Erin) (Entered: 10/26/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER
30

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph J. Kammerman, Filing fee $ 100, receipt number ADCDC-9628774. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration of Joseph J. Kammerman, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Dexter, Erin) (Entered: 10/26/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER

Notice of Error

Oct. 26, 2022

Oct. 26, 2022

PACER

.Order

Oct. 26, 2022

Oct. 26, 2022

PACER

NOTICE OF ERROR regarding 17 Notice of Appearance. The following error(s) need correction: Pro Bono Certification required pursuant to LCvR 83.2(f). Please refile using event: Notice of Appearance- pro Bono. (zjm)

Oct. 26, 2022

Oct. 26, 2022

PACER

MINUTE ORDER: Attorney Admissions for the Bar of this jurisdiction has informed the Court that they have no record of counsel Dakin-Grimm having been admitted to the Bar of this court. Attorney Admissions has further represented that counsel Dakin-Grimm informed Attorney Admissions yesterday that she is, in fact, a member of this court's Bar and that she would provide a record of admission to Attorney Admissions forthwith. As of the date of this minute order, Attorney Admissions has received no such communication from counsel Dakin-Grimm. As such, the Court's October 25, 2022 minute orders granting the 18 - 23 motions for leave to appear pro hac vice are VACATED. On or before October 28, 2022, counsel Dakin-Grimm shall provide Chambers and Attorney Admissions a record of her admission and/or the date of her admission. Signed by Judge Colleen Kollar-Kotelly on October 26, 2022. (lcckk1)

Oct. 26, 2022

Oct. 26, 2022

PACER
31

NOTICE of Appearance by Bernardo Rafael Cruz on behalf of AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES (Cruz, Bernardo) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
32

ERRATA re 31 NOTICE of Appearance by Bernardo Rafael Cruz by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES re 31 Notice of Appearance,. (Cruz, Bernardo) Modified on 10/28/2022 to add docket link (zjm). (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
33

NOTICE of Appearance by Adriana Cecilia Pinon on behalf of AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES (Pinon, Adriana) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
34

NOTICE of Appearance by Kathryn Lynn Huddleston on behalf of AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES (Huddleston, Kathryn) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
35

NOTICE of Appearance by Janine M. Lopez on behalf of AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES (Lopez, Janine) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
36

NOTICE of Appearance by Stacey J. Rappaport on behalf of All Plaintiffs (Rappaport, Stacey) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
37

NOTICE of Appearance by Andrew Lichtenberg on behalf of All Plaintiffs (Lichtenberg, Andrew) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
38

NOTICE of Appearance by Joseph Kammerman on behalf of All Plaintiffs (Kammerman, Joseph) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 27, 2022

Oct. 27, 2022

PACER

MINUTE ORDER granting 28 Motion for Leave to Appear Pro Hac Vice as to Stacey J. Rappaport. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on October 27, 2022. (lcckk1)

Oct. 27, 2022

Oct. 27, 2022

PACER

MINUTE ORDER granting 30 Motion for Leave to Appear Pro Hac Vice as to Joseph J. Kammerman. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on October 27, 2022. (lcckk1)

Oct. 27, 2022

Oct. 27, 2022

PACER

MINUTE ORDER granting 29 Motion for Leave to Appear Pro Hac Vice as to Andrew B. Lichtenberg. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on October 27, 2022. (lcckk1)

Oct. 27, 2022

Oct. 27, 2022

PACER
39

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel B. Tilley, Filing fee $ 100, receipt number ADCDC-9636199. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration Ex. 1 - Declaration - Tilley, # 2 Exhibit Ex. 2 - Certificate of Good Standing - Tilley, # 3 Text of Proposed Order Ex. 3 - Proposed Order - Tilley)(Lopez, Janine) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
40

NOTICE of Appearance by Suchita Mathur on behalf of All Plaintiffs (Mathur, Suchita) (Main Document 40 replaced on 11/1/2022) (zjm). (Main Document 40 replaced on 11/1/2022) (zjm). (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 1, 2022

Nov. 1, 2022

PACER

.Order

Nov. 1, 2022

Nov. 1, 2022

PACER

MINUTE ORDER: The Court is in receipt of counsel Dakin-Grimm's second 26 Notice of Appearance. The Court construes the 26 Notice to be responsive to the Court's October 26, 2022 minute order directing counsel Dakin-Grimm to substantiate representations made to Attorney Admissions. In the 26 Notice, counsel Dakin-Grimm evidently clarifies that she is a "pro bono" member of the Bar of this Court. Attorney Admissions has, in the past, assigned "pro bono" Bar numbers to attorneys representing indigents in certain cases. Currently, pursuant to LCvR 83.2(f), an attorney who is not a member of the Bar of this court may enter an appearance "in any case handled without a fee on behalf of indigents upon certifying that the attorney is providing representation without compensation and is personally familiar with the Local Rules...." An "indigent" is a "poor person" or a "person who is found to be financially unable to pay filing fees and court costs and so is allowed to proceed in forma pauperis." Indigent, Black's Law Dictionary (9th ed. 2009). Although Plaintiffs may seek to assert third-party standing on behalf of indigents, each is an organizational entity and not an "indigent" within the meaning of LCvR 83.2(f). As such, counsel Dakin-Grimm's second 26 Notice of Appearance is STRICKEN. Counsel Dakin-Grimm may seek leave to appear pro hac vice. Signed by Judge Colleen Kollar-Kotelly on November 1, 2022. (lcckk1)

Nov. 1, 2022

Nov. 1, 2022

PACER

MINUTE ORDER granting 39 Motion for Leave to Appear Pro Hac Vice as to Daniel B. Tilley. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on November 1, 2022. (lcckk1)

Nov. 1, 2022

Nov. 1, 2022

PACER
41

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amien Kacou, Filing fee $ 100, receipt number ADCDC-9651259. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRANT JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration Ex. 1 - Declaration - Kacou, # 2 Exhibit Ex. 2 - Certificate of Good Standing - Kacou, # 3 Text of Proposed Order Ex. 3 - Proposed Order - Kacou)(Lopez, Janine) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

PACER
42

NOTICE of Appearance by Daniel Boaz Tilley on behalf of All Plaintiffs (Tilley, Daniel) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

PACER

MINUTE ORDER granting 41 Motion for Leave to Appear Pro Hac Vice as to Amien Kacou. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on November 5, 2022. (lcckk1)

Nov. 5, 2022

Nov. 5, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 5, 2022

Nov. 5, 2022

PACER
43

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine Melloy Goettel, Filing fee $ 100, receipt number ADCDC-9654678. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRANT JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration of Katherine Goettel, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Spitzer, Arthur) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

PACER
44

NOTICE of Appearance by Amien Kacou on behalf of All Plaintiffs (Kacou, Amien) (Entered: 11/09/2022)

Nov. 9, 2022

Nov. 9, 2022

PACER
45

NOTICE of Appearance by Danielle Lee on behalf of All Plaintiffs (Lee, Danielle) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
46

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/20/2022. Answer due for ALL FEDERAL DEFENDANTS by 12/19/2022. (Lee, Danielle) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
47

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/21/2022. (Attachments: # 1 Exhibit Certified Mail Receipt)(Lee, Danielle) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Disability Rights

Key Dates

Filing Date: Oct. 13, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five legal services organizations that provide pro bono immigration representation.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National Prison Project

ACLU Affiliates (any)

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security (District of Columbia), Federal

U.S. Immigration and Customs Enforcement (District of Columbia), Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2023 - None

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Issues

General:

Access to lawyers or judicial system

Confidentiality

Language access/needs

Quality of representation

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Type of Facility:

Government-run

Non-government for-profit

Immigration/Border:

Constitutional rights

Deportation - judicial review

Detention - conditions

Immigration lawyers