Case: Garcia Perez v. United States Citizenship and Immigration Services

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against All Defendants (Receipt # AWAWDC-7585717), filed by Bianey Garcia Perez, Alexander Martinez Hernandez, J.M.Z., Maria Martinez Castro. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USCIS, # 3 Summons Ur Jaddou, # 4 Summons EOIR, # 5 Summons David Neal, # 6 Summons DOJ, # 7 Summons USAO)(Adams, Matt) (Entered: 06/09/2022)

MOTION to Certify Class, filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 7/1/2022, (Adams, Matt) (Entered: 06/09/2022)

MOTION for Preliminary Injunction, filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 7/1/2022, (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Sydney Maltese filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Bianey Garcia Perez filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Maria Martinez Castro filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Vicky Dobrin filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Alexander Martinez Hernandez filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Matt Adams filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Mary Kenney filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Trina Realmuto filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Elizabeth Badger filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Kathleen G. Dolan filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Whitney Drake filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Katherine D. Franco filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Christina H. Gai filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Ashley Hamill filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Amy Joseph filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Lisa Koop filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Matthew J. Lamberti filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Kathryn Miller filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Andrew R. Rogoff filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

DECLARATION of Marin Tollefson Almeida filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 06/09/2022)

CERTIFICATE OF SERVICE by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez re 6 Declaration, 18 Declaration, 17 Declaration, 4 Declaration,, 10 Declaration, 3 MOTION for Preliminary Injunction, 15 Declaration, 16 Declaration, 22 Declaration, 19 Declaration, 8 Declaration, 14 Declaration, 2 MOTION to Certify Class, 23 Declaration, 9 Declaration, 13 Declaration, 1 Complaint, 7 Declaration, 12 Declaration, 20 Declaration, 21 Declaration, 11 Declaration, 5 Declaration (Adams, Matt) (Entered: 06/09/2022)

APPLICATION OF ATTORNEY Mary Kenney FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez (Fee Paid) Receipt No. AWAWDC-7586854 (Adams, Matt) (Entered: 06/09/2022)

APPLICATION OF ATTORNEY Trina Realmuto FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez (Fee Paid) Receipt No. AWAWDC-7586865 (Adams, Matt) (Entered: 06/09/2022)

APPLICATION OF ATTORNEY Kristin Macleod-Ball FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez (Fee Paid) Receipt No. AWAWDC-7586875 (Adams, Matt) (Entered: 06/09/2022)

ORDER re 26 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Trina Realmuto for Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, and Alexander Martinez Hernandez by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) (Entered: 06/10/2022)

ORDER re 27 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kristin Macleod-Ball for Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, and Alexander Martinez Hernandez by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) (Entered: 06/10/2022)

Judge John H. Chun added. (JWC)

Summons(es) Electronically Issued as to defendant(s) Executive Office for Immigration Review, Ur Jaddou, David Neal, US Citizenship and Immigration Services (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons) (JWC) (Entered: 06/10/2022)

ORDER re 25 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Mary Kenney for Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, and Alexander Martinez Hernandez by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) (Entered: 06/10/2022)

Add and Terminate Judges

Order on Application for Leave to Appear Pro Hac Vice

NOTICE of Appearance by attorney Sarah Tate Chambers on behalf of Defendants Executive Office for Immigration Review, Ur Jaddou, David Neal, United States Citizenship and Immigration Services. (Chambers, Sarah) (Entered: 06/24/2022)

NOTICE of Appearance by attorney Aneesa Ahmed on behalf of Defendants Executive Office for Immigration Review, Ur Jaddou, David Neal, United States Citizenship and Immigration Services. (Ahmed, Aneesa) (Entered: 06/27/2022)

Stipulated MOTION to Stay Defendants' Responsive Deadlines, filed by Defendants Executive Office for Immigration Review, Ur Jaddou, David Neal, United States Citizenship and Immigration Services. Noting Date 6/27/2022, (Chambers, Sarah) (Entered: 06/27/2022)

ORDER re Parties' 34 Stipulated MOTION to Stay Defendants' Responsive Deadlines. Pursuant to stipulation, IT IS SO ORDERED. Joint Status Report due by 8/29/2022. Signed by Judge John H. Chun. (SB)

AFFIDAVIT of Mailing of Summons and Complaint to USCIS; Ur Jaddou; EOIR; David Neal; DOJ; Civil Process Clerk on 6/10/2022, filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez. (Attachments: # 1 Exhibit A)(Adams, Matt) (Entered: 07/08/2022)

Second Stipulated MOTION, filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez. Noting Date 8/29/2022, (Adams, Matt) (Entered: 08/29/2022)

ORDER re Parties' 37 Second Stipulated MOTION. The Court stays Defendants' responsive deadlines and sets a deadline for a joint status report for 11/28/2022, 90-days from today's date. At that time, the parties will provide the Court with an update on the status of settlement talks and, if applicable, any proposed deadlines. Signed by Judge John H. Chun. (SB)

Third Stipulated MOTION, filed by Defendants Executive Office for Immigration Review, Ur Jaddou, David Neal, United States Citizenship and Immigration Services. Noting Date 11/28/2022, (Ahmed, Aneesa) (Entered: 11/28/2022)

ORDER granting Parties' 39 Third Stipulated MOTION. Joint Status Report due by 2/13/2023. At that time, the parties will provide the Court with an update on the status of settlement talks and, if applicable, any proposed deadlines. Signed by Judge John H. Chun. (SB)

Fourth Stipulated MOTION, filed by Plaintiffs Bianey Garcia Perez, J.M.Z., Maria Martinez Castro, Alexander Martinez Hernandez. Noting Date 2/13/2023, (Korthuis, Aaron) (Entered: 02/13/2023)

ORDER re Parties' 41 Fourth Stipulated MOTION. Defendants' responsive deadlines are further stayed. Joint Status Report due by 4/14/2023. At that time, the parties will provide the Court with an update on the status of settlement talks and, if applicable, any proposed deadlines. Signed by Judge John H. Chun. (SB)

NOTICE of Appearance by attorney Ruth Checketts on behalf of All Defendants. (Checketts, Ruth) (Entered: 02/27/2023)

Fifth Stipulated MOTION for a Stay of Proceedings, filed by All Plaintiffs. Noting Date 4/14/2023, (Korthuis, Aaron) (Entered: 04/14/2023)

ORDER re Parties' 44 Fifth Stipulated MOTION for a Stay of Proceedings. The parties hereby stipulate to a staying of Defendants' responsive deadlines and set a deadline for a joint status report for 5/15/2023. Signed by Judge John H. Chun.(SB)

Joint Status Report

ORDER. The parties hereby stipulate an additional 45-day stay of Defendants' briefing deadlines, until 6/29/2023. At that time, the parties will either submit the settlement agreement to the Court or file the settlement agreement with Court. Signed by Judge John H. Chun. (SB)

Stipulated Motion

ORDER re Parties' 48 Seventh Stipulated MOTION for a Stay of Proceedings. The parties will file a final settlement agreement with the Court or seek a further extension, if necessary, by 8/14/2023. Signed by Judge John H. Chun. (SB)

Status Report

ORDER. The parties have agreed to stipulate to a 30-day stay of Defendants' briefing deadlines. The parties will file a final settlement agreement with the Court or seek a further extension, if necessary, by 9/13/2023. Signed by Judge John H. Chun. (SB)

Joint Status Report

ORDER: The parties have agreed to stipulate to a 30-day stay of Defendants' briefing deadlines. The parties will file a final settlement agreement with the Court or seek a further extension, if necessary, by 10/13/2023. Signed by Judge John H. Chun. (LH)

Notice of Appearance

Joint Status Report

ORDER. The parties hereby stipulate to an additional 45-day stay of proceedings as the parties continue to draft a settlement agreement. The parties will file a final settlement agreement with the Court or seek a further extension, if necessary, by 11/27/2023. Signed by Judge John H. Chun. (SB)

Joint Status Report

ORDER. The parties hereby stipulate to an additional 45-day stay of proceedings as the parties continue to draft a settlement agreement. The parties will file a final settlement agreement with the Court or seek a further extension, if necessary, by 1/11/2024. Signed by Judge John H. Chun. (KRA)

Joint Status Report

ORDER. The parties hereby stipulate to an additional 43-day stay of proceedings as the parties continue to draft a settlement agreement. The parties will file a final settlement agreement with the Court or seek a further extension, if necessary, by 2/23/2024. Signed by Judge John H. Chun. (SB)

Joint Status Report

MINUTE ORDER: The parties' briefing deadlines are hereby stayed for 45 days. Pursuant to Federal Rule of Civil Procedure 6(a), the final settlement agreement is due on 4/22/2024. Authorized by Judge John H. Chun. (SB)

Joint Status Report

ORDER. The parties shall move for preliminary approval of a settlement agreement or seek a further extension, if necessary, by 5/28/2024. Signed by Judge John H. Chun. (SB)

Notice of Appearance

Joint Status Report

ORDER. The parties shall move for preliminary approval of a settlement agreement or seek a further extension, if necessary, by 6/27/2024. Signed by Judge John H. Chun. (SB)

Notice of Appearance

Joint Status Report

ORDER. The parties shall move for preliminary approval of a settlement agreement or seek a further extension, if necessary, by 7/29/2024. Signed by Judge John H. Chun. (SB)

File Over-length Motions and Briefs

Certify Class

Miscellaneous Relief

ORDER granting Parties' 71 Joint Motion for Leave to File Over-length Motions and Briefs. The following word limits apply to the Parties' Joint Motion for Preliminary Approval of Class Action Settlement and Request for Fairness Hearing: 4800 words. Signed by Judge John H. Chun. (SB)

ORDER granting Parties' 72 Joint MOTION to Certify Class for Settlement Purposes Only. Signed by Judge John H. Chun. (SB)

ORDER granting Parties' 73 Joint Motion for Preliminary Approval of Settlement. The Court does hereby preliminarily approve the Settlement Agreement, subject to further consideration at the Fairness Hearing. A Fairness Hearing shall be held be fore this Court on Thursday, 9/26/2024, at 9:00 a.m. The Court may approve the Settlement Agreement, with such modifications as may be agreed to by the Parties, if appropriate, without further notice to Class Members. Signed by Judge John H. Chun. (SB)

JHC Minute Order Setting Trial Date and Related Dates (FORM)

Notice of Docket Text Modification

ORDER granting Motion for Final Approval of the Settlement Agreement. The settlement of this Action under the terms and conditions of the Settlement Agreement is hereby approved pursuant to Federal Rule of Civil Procedure 23(e) and shall be binding on all parties to the Settlement Agreement. The terms, conditions, and releases as set forth in the Settlement Agreement are hereby effectuated as described herein. Signed by Judge John H. Chun. (SB)

In Court Hearing