Case: Centro Legal de la Raza v. Executive Office for Immigration Review

3:21-cv-00463 | U.S. District Court for the Northern District of California

Filed Date: Jan. 19, 2021

Closed Date: Jan. 10, 2025

Clearinghouse coding complete

Case Summary

This was a case about whether the federal government could rewrite immigration-court appeal procedures in ways that, according to the plaintiffs, would make it harder for immigrants to seek relief from removal, including humanitarian relief handled outside the immigration courts.  On January 19, 2021, four nonprofit legal-services organizations—Centro Legal de la Raza, the Immigrant Legal Resource Center, Tahirih Justice Center, and RAICES—filed suit in the United States District Court for the …

This was a case about whether the federal government could rewrite immigration-court appeal procedures in ways that, according to the plaintiffs, would make it harder for immigrants to seek relief from removal, including humanitarian relief handled outside the immigration courts. 

On January 19, 2021, four nonprofit legal-services organizations—Centro Legal de la Raza, the Immigrant Legal Resource Center, Tahirih Justice Center, and RAICES—filed suit in the United States District Court for the Northern District of California against the Executive Office for Immigration Review (“EOIR”), the EOIR Director, the United States Department of Justice, and the Acting Attorney General. The case was first assigned to Magistrate Judge Laurel Beeler. Then, it was reassigned to District Judge Charles R. Breyer, and after Judge Breyer recused on February 8, 2021, it was reassigned again to District Judge Susan Illston.

The lawsuit challenged Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure, first proposed at 85 Fed. Reg. 52,491 (Aug. 26, 2020) and finalized at 85 Fed. Reg. 81,588 (Dec. 16, 2020). This was an Administrative Procedure Act challenge (“APA”), coupled with constitutional claims, brought by organizations that represent and train counsel for noncitizens in removal proceedings. They alleged that the rule violated the APA, conflicted with the INA and the Due Process Clause, and was issued through defective procedures, including an allegedly inadequate comment period and an improper delegation of rulemaking authority to McHenry.

Specifically, the plaintiffs said the rule tightened briefing deadlines, imposed simultaneous briefing in more appeals, curtailed administrative closure, limited sua sponte reopening and reconsideration, narrowed remand authority, expanded the Board of Immigration Appeals’ ability to resolve issues on grounds not reached below, and otherwise made it harder for legal-service providers to protect clients whose immigration cases overlapped with slow-moving USCIS processes such as VAWA, U-visa, T-visa, and SIJ matters. Their theory was that the rule favored speed and finality at the expense of fairness, flexibility, and access to relief. Represented by private counsels and Asian Americans Advancing Justice, the plaintiffs sought declaratory relief, a preliminary and permanent injunction, alternative relief postponing the rule under 5 U.S.C. § 705, set-aside of the rule, and attorneys’ fees and costs under Equal Access to Justice Act (“EAJA”).

Plaintiffs sought a preliminary injunction, and after briefing, amicus participation, and a March 9, 2021 hearing, Judge Susan Illston, United States District Judge, granted nationwide preliminary relief on March 10, 2021. The court held that plaintiffs were likely to succeed at least on their APA claims that the 30-day comment period was inadequate in context and that the agency had acted arbitrarily and capriciously by failing to grapple with how the rule would affect access to humanitarian relief and the risk of wrongful removals. 524 F. Supp. 3d 919. The court enjoined defendants nationwide from implementing or enforcing any part of the rule, stayed the rule’s effectiveness.

On March 24, 2021, the court granted a stipulation to hold the case in abeyance, and the docket then reflected a long series of joint status reports and follow-up orders in 2021 through 2024 while DOJ reconsidered the challenged rule. By an April 5, 2024 joint status report, the parties told the court that DOJ’s new notice of proposed rulemaking—published at 88 Fed. Reg. 62,242 (Sept. 8, 2023)—would largely restore the procedures that had existed before the 2020 rule. DOJ then issued Efficient Case and Docket Management in Immigration Proceedings, 89 Fed. Reg. 46,742 (May 29, 2024), effective July 29, 2024, and explained that it was largely rescinding the 2020 rule challenged in this case and restoring broader adjudicator flexibility and preexisting procedures.

On January 10, 2025, the Plaintiffs voluntarily dismissed the case. The case is closed.

Summary Authors

Jacob Chang (4/15/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/30632723/parties/centro-legal-de-la-raza-v-executive-office-for-immigration-review/


Judge(s)
Attorney for Plaintiff

Berch, Seferina Young (California)

Chang, Stephen (California)

Attorney for Defendant

Bashyrov, Jacob A (California)

Expert/Monitor/Master/Other

Carter, Margaret Louise (California)

Feng, Wendy L. (California)

Documents in the Clearinghouse

Documents in this case
1

3:21-cv-00463

Complaint for Declaratory and Injunctive Relief

Jan. 19, 2021

Jan. 19, 2021

Complaint
59

3:21-cv-00463

Order Granting Plaintiffs' Motion for Preliminary Injunction

March 10, 2021

March 10, 2021

Order/Opinion

524 F.Supp.3d 919

Docket

See docket on RECAP: https://www.courtlistener.com/docket/30632723/centro-legal-de-la-raza-v-executive-office-for-immigration-review/

Last updated July 2, 2026, 4:38 a.m.

Docket for: Centro Legal de la Raza v. Executive Office for Immigration Review
ECF Number Date Description Link
1 Jan. 19, 2021

COMPLAINT For Declaratory And Injunctive Relief; Demand for Jury Trial against Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice, (Filing Fee: $402.00, receipt number 0971-15463726). Filed by Refugee and Immigrant Center for Education and Legal Services, Centro Legal de la Raza, Tahirih Justice Center, Immigrant Legal Resource Center. (Attachments: # 1 Civil Cover Sheet)(Igra, Naomi) (Filed on 1/19/2021) Modified on 1/20/2021 (tnS, COURT STAFF). (Entered: 01/19/2021)

1 Civil Cover Sheet

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2 Jan. 19, 2021

Proposed Summons. (Igra, Naomi) (Filed on 1/19/2021) (Entered: 01/19/2021)

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3 Jan. 19, 2021

NOTICE of Appearance by Scott T. Nonaka (Nonaka, Scott) (Filed on 1/19/2021) (Entered: 01/19/2021)

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4 Jan. 19, 2021

NOTICE of Appearance by Irene Inkyu Yang (Yang, Irene) (Filed on 1/19/2021) (Entered: 01/19/2021)

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5 Jan. 19, 2021

NOTICE of Appearance by Stephen Chang (Chang, Stephen) (Filed on 1/19/2021) (Entered: 01/19/2021)

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6 Jan. 19, 2021

PLAINTIFF CENTRO LEGAL DE LA RAZA CORPORATE DISCLOSURE STATEMENT PURSUANT TO FED. R. CIV. P. 7-1 AND CERTIFICATION OF INTERESTED ENTITIES OR PERSONS PURSUANT TO L.R. 3-15 filed by Centro Legal de la Raza (Igra, Naomi) (Filed on 1/19/2021) (Entered: 01/19/2021)

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7 Jan. 19, 2021

NOTICE of Appearance by Judah Ben Lakin (Lakin, Judah) (Filed on 1/19/2021) (Entered: 01/19/2021)

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8 Jan. 19, 2021

PLAINTIFF IMMIGRANT LEGAL RESOURCE CENTERS CORPORATE DISCLOSURE STATEMENT PURSUANT TO FED. R. CIV. P. 7-1 AND CERTIFICATION OF INTERESTED ENTITIES OR PERSONS PURSUANT TO L.R. 3-15 filed by Immigrant Legal Resource Center (Igra, Naomi) (Filed on 1/19/2021) (Entered: 01/19/2021)

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9 Jan. 19, 2021

PLAINTIFF TAHIRIH JUSTICE CENTERS CORPORATE DISCLOSURE STATEMENT PURSUANT TO FED. R. CIV. P. 7-1 AND CERTIFICATION OF INTERESTED ENTITIES OR PERSONS PURSUANT TO L.R. 3-15 filed by Tahirih Justice Center (Igra, Naomi) (Filed on 1/19/2021) (Entered: 01/19/2021)

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10 Jan. 19, 2021

PLAINTIFF REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES CORPORATE DISCLOSURE STATEMENT PURSUANT TO FED. R. CIV. P. 7-1 AND CERTIFICATION OF INTERESTED ENTITIES OR PERSONS PURSUANT TO L.R. 3-15 filed by Refugee and Immigrant Center for Education and Legal Services (Igra, Naomi) (Filed on 1/19/2021) (Entered: 01/19/2021)

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11 Jan. 19, 2021

MOTION for leave to appear in Pro Hac Vice for Michael McGuinness, (Filing Fee: $317.00, receipt number 0971-15463810) filed by Centro Legal de la Raza, Immigrant Legal Resource Center, Refugee and Immigrant Center for Education and Legal Services, Tahirih Justice Center. (McGuinness, Michael) (Filed on 1/19/2021) (Entered: 01/19/2021)

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12 Jan. 19, 2021

MOTION for leave to appear in Pro Hac Vice for Seferina Berch, (Filing Fee: $317.00, receipt number 0971-15463821) filed by Centro Legal de la Raza, Immigrant Legal Resource Center, Refugee and Immigrant Center for Education and Legal Services, Tahirih Justice Center. (Berch, Seferina) (Filed on 1/19/2021) (Entered: 01/19/2021)

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13 Jan. 19, 2021

Case assigned to Magistrate Judge Laurel Beeler. 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 2/2/2021. (bwS, COURT STAFF) (Filed on 1/19/2021) (Entered: 01/20/2021)

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14 Jan. 20, 2021

NOTICE of Appearance by Jingni (Jenny) Zhao (Zhao, Jingni) (Filed on 1/20/2021) (Entered: 01/20/2021)

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15 Jan. 20, 2021

Order by Magistrate Judge Laurel Beeler granting 11 Motion for Pro Hac Vice. Attorney Michael McGuinness representing Plaintiffs. (ejkS, COURT STAFF) (Filed on 1/20/2021) (Entered: 01/20/2021)

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16 Jan. 20, 2021

Order by Magistrate Judge Laurel Beeler granting 12 Motion for Pro Hac Vice. Attorney Seferina Berch representing Plaintiffs. (ejkS, COURT STAFF) (Filed on 1/20/2021) (Entered: 01/20/2021)

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17 Jan. 20, 2021

NOTICE of Appearance by Glenn Michael Katon (Katon, Glenn) (Filed on 1/20/2021) (Entered: 01/20/2021)

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18 Jan. 20, 2021

Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 4/15/2021. Initial Case Management Conference set for 4/22/2021 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. (tnS, COURT STAFF) (Filed on 1/20/2021) (Entered: 01/20/2021)

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19 Jan. 20, 2021

Summons Issued as to Defendants Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice. (tnS, COURT STAFF) (Filed on 1/20/2021) (Entered: 01/20/2021)

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20 Jan. 20, 2021

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Centro Legal de la Raza, Immigrant Legal Resource Center, Refugee and Immigrant Center for Education and Legal Services, Tahirih Justice Center.. (Igra, Naomi) (Filed on 1/20/2021) (Entered: 01/20/2021)

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21 Jan. 20, 2021

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 1/20/2021) (Entered: 01/20/2021)

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22 Jan. 20, 2021

ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 1/20/21. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 1/20/2021) (Entered: 01/20/2021)

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Jan. 20, 2021

~Util - Case Assigned by Intake

Jan. 20, 2021

Clerk's Notice of Impending Reassignment - Text Only

23 Jan. 21, 2021

CLERK'S NOTICE: A Joint Case Management Statement due by 4/30/2021. Initial Case Management Conference set for 5/7/2021 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 1/21/2021) (Entered: 01/21/2021)

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Jan. 21, 2021

Clerk's Notice

24 Jan. 22, 2021

NOTICE OF MOTION AND MOTION for a Preliminary Injunction filed by Centro Legal de la Raza, Immigrant Legal Resource Center, Refugee and Immigrant Center for Education and Legal Services, Tahirih Justice Center. Motion Hearing set for 3/4/2021 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 2/5/2021. Replies due by 2/12/2021. (Attachments: # 1 Complaint, # 2 Declaration of Priya Arvind Patel, # 3 Declaration of Erin Quinn, # 4 Declaration of Adilene Nunez Huang, # 5 Declaration of Michelle Garza, # 6 Declaration of Naomi A. Igra with Exhibits 1-27, # 7 [Proposed] Order)(Igra, Naomi) (Filed on 1/22/2021) (Entered: 01/22/2021)

1 Complaint

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2 Declaration of Priya Arvind Patel

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3 Declaration of Erin Quinn

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4 Declaration of Adilene Nunez Huang

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5 Declaration of Michelle Garza

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6 Declaration of Naomi A. Igra with Exhibits 1-27

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7 Proposed Order

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25 Jan. 26, 2021

CERTIFICATE OF SERVICE filed by Centro Legal de la Raza, Immigrant Legal Resource Center, Refugee and Immigrant Center for Education and Legal Services, Tahirih Justice Center of re 1 Complaint, re 19 Summons Issued, and Other New Case Documents (Igra, Naomi) (Filed on 1/26/2021) (Entered: 01/26/2021)

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26 Jan. 29, 2021

NOTICE of Appearance by Adrienne Zack (Zack, Adrienne) (Filed on 1/29/2021) (Entered: 01/29/2021)

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27 Jan. 29, 2021

MOTION to File Amicus Curiae Brief of Organizations Advocating for the Rights of Survivors of Domestic Violence and Human Trafficking for Leave to File an Amicus Curiae Brief and to Enlarge the Page Limit for Such Brief filed by ASISTA Immigration Assistance, Asian Pacific Institute on Gender-Based Violence, Casa de Esperanza, Freedom Network USA (FNUSA), Futures Without Violence (FUTURES), National Alliance to End Sexual Violence, National Coalition Against Domestic Violence, National Domestic Violence Hotline (The Hotline), National Network to End Domestic Violence (NNEDV), Her Justice. Motion Hearing set for 3/4/2021 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 2/12/2021. Replies due by 2/19/2021. (Attachments: # 1 Amici Curiae Brief, # 2 Proposed Order)(Zevnik, Paul) (Filed on 1/29/2021) (Entered: 01/29/2021)

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28 Jan. 29, 2021

NOTICE of Appearance by Michael James Stortz (Stortz, Michael) (Filed on 1/29/2021) (Entered: 01/29/2021)

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29 Jan. 29, 2021

MOTION to File Amicus Curiae Brief in Support of Plaintiffs' Motion for a Preliminary Injunction filed by Kids in Need of Defense. Motion Hearing set for 3/4/2021 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 2/12/2021. Replies due by 2/19/2021. (Attachments: # 1 Declaration of Ian Beech Petersen, # 2 Exhibit A: [Proposed] Amicus Brief, # 3 Proposed Order)(Petersen, Ian) (Filed on 1/29/2021) (Entered: 01/29/2021)

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30 Jan. 29, 2021

CERTIFICATE OF SERVICE by ASISTA Immigration Assistance, Asian Pacific Institute on Gender-Based Violence, Casa de Esperanza, Freedom Network USA (FNUSA), Futures Without Violence (FUTURES), Her Justice, National Alliance to End Sexual Violence, National Coalition Against Domestic Violence, National Domestic Violence Hotline (The Hotline), National Network to End Domestic Violence (NNEDV) re 27 MOTION to File Amicus Curiae Brief of Organizations Advocating for the Rights of Survivors of Domestic Violence and Human Trafficking for Leave to File an Amicus Curiae Brief and to Enlarge the Page Limit for Such Brief (Zevnik, Paul) (Filed on 1/29/2021) (Entered: 01/29/2021)

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31 Jan. 29, 2021

MOTION for Leave to File an Amicus Brief filed by Former Immigration Judge, Members of the Board of Immigration Appeals. (Attachments: # 1 Stipulation re Filing of Brief of Amici Curiae; Proposed Order)(Stortz, Michael) (Filed on 1/29/2021) (Entered: 01/29/2021)

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32 Jan. 29, 2021

MOTION for Leave to File Brief of Amici Curiae 28 Cities and Counties in Support of Plaintiffs' Motion for a Preliminary Injunction filed by County of Los Angeles. (Attachments: # 1 Brief of Amici Curiae, # 2 Proposed Order)(Carter, Margaret) (Filed on 1/29/2021) (Entered: 01/29/2021)

1 Brief of Amici Curiae

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2 Proposed Order

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33 Jan. 29, 2021

NOTICE of Appearance by Wendy L. Feng (Feng, Wendy) (Filed on 1/29/2021) (Entered: 01/29/2021)

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34 Jan. 29, 2021

NOTICE of Appearance by Hakeem Salib Rizk (Rizk, Hakeem) (Filed on 1/29/2021) (Entered: 01/29/2021)

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35 Jan. 30, 2021

NOTICE of Appearance by Joan Renxin Li (Li, Joan) (Filed on 1/30/2021) (Entered: 01/30/2021)

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36 Jan. 30, 2021

MOTION for Leave to File Amici Curiae In Support of Plaintiffs' Motion for Preliminary Injunction filed by Al Otro Lado, Alameda County Public Defender's Office, Marin County Public Defender's Office, Public Counsel, San Francisco Public Defender's Office, Santa Clara County Public Defender's Office, University of California, Davis Immigration Clinic, University of California, Los Angeles Immigration Law Clinic. (Attachments: # 1 Exhibit A - Amicus Brief, # 2 Proposed Order)(Feng, Wendy) (Filed on 1/30/2021) (Entered: 01/30/2021)

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37 Feb. 1, 2021

ORDER by Judge Charles R. Breyer: Granting 27 Motion to File Amicus Curiae Brief. (lsS, COURT STAFF) (Filed on 2/1/2021) (Entered: 02/01/2021)

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38 Feb. 1, 2021

ORDER by Judge Charles R. Breyer: Granting 29 Motion to File Amicus Curiae Brief. (lsS, COURT STAFF) (Filed on 2/1/2021) (Entered: 02/01/2021)

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39 Feb. 1, 2021

STIPULATION AND ORDER by Judge Charles R. Breyer: Granting 31 Motion for Leave to File. (lsS, COURT STAFF) (Filed on 2/1/2021) (Entered: 02/01/2021)

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40 Feb. 1, 2021

ORDER by Judge Charles R. Breyer: Granting 32 Motion for Leave to File. (lsS, COURT STAFF) (Filed on 2/1/2021) (Entered: 02/01/2021)

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41 Feb. 1, 2021

ORDER by Judge Charles R. Breyer: Granting 36 Motion for Leave to File. (lsS, COURT STAFF) (Filed on 2/1/2021) (Entered: 02/01/2021)

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42 Feb. 1, 2021

NOTICE of Appearance by Su Yon Yi (Yi, Su Yon) (Filed on 2/1/2021) (Entered: 02/01/2021)

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43 Feb. 1, 2021

Brief of Amici Curiae REGARDING CHANGES TO THE PROCEDURAL AND DECISIONAL FINALITY RULE re 39 Order on Motion for Leave to File filed by Former Immigration Judge, Members of the Board of Immigration Appeals. (Attachments: #(1) Appendix)(Related document(s) 39 ) (Stortz, Michael) (Filed on 2/1/2021) (Entered: 02/01/2021)

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44 Feb. 4, 2021

NOTICE of Appearance by Christina P Greer (Greer, Christina) (Filed on 2/4/2021) (Entered: 02/04/2021)

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45 Feb. 4, 2021

STIPULATION AND [PROPOSED] ORDER Regarding Page Limitation filed by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice. (Zack, Adrienne) (Filed on 2/4/2021) (Entered: 02/04/2021)

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46 Feb. 5, 2021

MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15541810) filed by ASISTA Immigration Assistance, Asian Pacific Institute on Gender-Based Violence, Casa de Esperanza, Freedom Network USA (FNUSA), Futures Without Violence (FUTURES), Her Justice, National Alliance to End Sexual Violence, National Coalition Against Domestic Violence, National Domestic Violence Hotline (The Hotline), National Network to End Domestic Violence (NNEDV). (Vaky, Katherine) (Filed on 2/5/2021) (Entered: 02/05/2021)

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47 Feb. 5, 2021

OPPOSITION/RESPONSE to (re 24 MOTION for a Preliminary Injunction ) filed by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice. (Attachments: # 1 Declaration of Christina P. Greer, # 2 Exhibit 1, # 3 Proposed Order)(Greer, Christina) (Filed on 2/5/2021) (Entered: 02/05/2021)

1 Declaration of Christina P. Greer

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2 Exhibit 1

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3 Proposed Order

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48 Feb. 8, 2021

ORDER by Judge Charles R. Breyer: Granting 46 Motion for Pro Hac Vice, Katherine A. Vaky. (lsS, COURT STAFF) (Filed on 2/8/2021) (Entered: 02/08/2021)

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49 Feb. 8, 2021

ORDER OF RECUSAL. Signed by Judge Charles R. Breyer on 2/8/2021. (lsS, COURT STAFF) (Filed on 2/8/2021) (Entered: 02/08/2021)

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50 Feb. 8, 2021

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Susan Illston for all further proceedings. Judge Charles R. Breyer no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 2/8/21. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 2/8/2021) (Entered: 02/08/2021)

1 Notice of Eligibility for Video Recording

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51 Feb. 8, 2021

INITIAL CASE MANAGEMENT GUILDELINE AND CLERK'S NOTICE ON REASSIGNMENT: Initial Case Management Conference set for 5/7/2021 at 02:30 PM in San Francisco, Courtroom 01, 17th Floor. Joint Case Management Statement due by 4/30/2021. (ecS, COURT STAFF) (Filed on 2/8/2021) (Entered: 02/08/2021)

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52 Feb. 8, 2021

CLERK'S NOTICE re: PRELIMINARY INJUNCTION MOTION 24 : Motion Hearing set for 3/9/2021 at 10:30 AM - Videoconference Only before Judge Susan Illston. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/si Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than March 7, 2021 at 2:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 3/9/2021 10:30 AM in San Francisco, - Videoconfere nce Only before Judge Susan Illston. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ecS, COURT STAFF) (Filed on 2/8/2021) (Entered: 02/08/2021)

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53 Feb. 8, 2021

Order by Judge Susan Illston granting 45 Stipulation Regarding Page Limitation.(ecS, COURT STAFF) (Filed on 2/8/2021) (Entered: 02/08/2021)

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Feb. 8, 2021

~Util - Teleconference Zoom AND Clerk's Notice

54 Feb. 12, 2021

REPLY (re 24 MOTION for Preliminary Injunction ) In Support of Motion for a Preliminary Injunction filed byCentro Legal de la Raza, Immigrant Legal Resource Center, Refugee and Immigrant Center for Education and Legal Services, Tahirih Justice Center. (Attachments: # 1 Declaration)(Igra, Naomi) (Filed on 2/12/2021) (Entered: 02/12/2021)

1 Declaration

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55 Feb. 17, 2021

ORDER DIRECTING DEFENDANTS TO FILE NOTICE OF OTHER CASES (Illston, Susan) (Filed on 2/17/2021) (Entered: 02/17/2021)

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56 Feb. 23, 2021

NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING re 55 Order filed by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice (Greer, Christina) (Filed on 2/23/2021) (Entered: 02/23/2021)

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57 March 8, 2021

RESPONSE re 56 Notice - Plaintiffs'Statement In Response To Defendants' Notice Of Pendency Of Other Action Or Proceeding by Centro Legal de la Raza, Immigrant Legal Resource Center, Refugee and Immigrant Center for Education and Legal Services, Tahirih Justice Center. (Attachments: # 1 Declaration of Naomi A. Igra In Support Of Plaintiffs' Statement In Response to Defendants' Notice of Pendency Of Other Action Or Proceeding, # 2 Exhibit A)(Igra, Naomi) (Filed on 3/8/2021) (Entered: 03/08/2021)

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58 March 9, 2021

Minute Entry for proceedings held before Judge Susan Illston: Motion Hearing held on 3/9/2021 via Zoom webinar re 24 MOTION for Preliminary Injunction filed by Tahirih Justice Center, Immigrant Legal Resource Center, Centro Legal de la Raza, Refugee and Immigrant Center for Education and Legal Services. Total Time in Court: 1:04. Court Reporter: Marla Knox. (ecS, COURT STAFF) (Date Filed: 3/9/2021) (Entered: 03/09/2021)

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59 March 10, 2021

ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION; granting 24 Motion for Preliminary Injunction. (Illston, Susan) (Filed on 3/10/2021) (Entered: 03/10/2021)

Clearinghouse
60 March 11, 2021

TRANSCRIPT ORDER for proceedings held on 3/9/2021 before Judge Susan Illston by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice, for Court Reporter Marla Knox. (Zack, Adrienne) (Filed on 3/11/2021) (Entered: 03/11/2021)

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March 11, 2021

Set Deadlines/Hearings: (ecS, COURT STAFF) (Filed on 3/11/2021)

March 11, 2021

Set Deadlines/Hearings

61 March 12, 2021

TRANSCRIPT ORDER for proceedings held on 3/9/2021 before Judge Susan Illston by Centro Legal de la Raza, for Court Reporter Marla Knox. (Igra, Naomi) (Filed on 3/12/2021) (Entered: 03/12/2021)

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62 March 23, 2021

STIPULATION AND [PROPOSED] ORDER to extend time within which to answer or respond filed by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice. (Greer, Christina) (Filed on 3/23/2021) (Entered: 03/23/2021)

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63 March 24, 2021

Order by Judge Susan Illston granting 62 Stipulation to Extend Time Within Which to Answer or Respond.(ecS, COURT STAFF) (Filed on 3/24/2021) (Entered: 03/24/2021)

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64 March 24, 2021

STIPULATION AND [PROPOSED] ORDER to hold case in abeyance filed by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice. (Greer, Christina) (Filed on 3/24/2021) (Entered: 03/24/2021)

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65 March 24, 2021

Order by Judge Susan Illston granting 64 Stipulation to Hold Case in Abeyance. 5/7/2021 Initial Case Management Conference off-calendar. Status Report due by 6/22/2021.(ecS, COURT STAFF) (Filed on 3/24/2021) (Entered: 03/24/2021)

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66 April 2, 2021

Transcript of Zoom Webinar Proceedings held on March 9, 2021, before Judge Susan Illston. Court Reporter, Marla F. Knox, RPR, CRR, RMR, telephone number (602) 391-6990. 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 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 61 Transcript Order ) Release of Transcript Restriction set for 7/1/2021. (Related documents(s) 61 ) (mfk, COURT STAFF) (Filed on 4/2/2021) (Entered: 04/02/2021)

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67 May 6, 2021

NOTICE of Appearance by Daniel R. Suvor on behalf of Amicus Curiae County of Los Angeles (Suvor, Daniel) (Filed on 5/6/2021) (Entered: 05/06/2021)

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68 May 24, 2021

NOTICE by Centro Legal de la Raza, Immigrant Legal Resource Center, Refugee and Immigrant Center for Education and Legal Services, Tahirih Justice Center Of Withdrawal of Seferina Berch As Counsel for Plaintiffs (Berch, Seferina) (Filed on 5/24/2021) (Entered: 05/24/2021)

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69 June 22, 2021

JOINT STATUS REPORT AND [PROPOSED] ORDER filed by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice. (Greer, Christina) (Filed on 6/22/2021) (Entered: 06/22/2021)

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70 June 23, 2021

ORDER re 69 Status Report. Signed by Judge Susan Illston on 6/23/2021. Further Status Report due by 9/21/2021. (ecS, COURT STAFF) (Filed on 6/23/2021) (Entered: 06/23/2021)

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71 Sept. 21, 2021

STATUS REPORT by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice. (Greer, Christina) (Filed on 9/21/2021) (Entered: 09/21/2021)

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72 Sept. 22, 2021

ORDER Adopting Report and Recommendation re 71 Status Report. Signed by Judge Susan Illston on 9/22/21. (ecS, COURT STAFF) (Filed on 9/22/2021) (Entered: 09/22/2021)

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Sept. 22, 2021

Set Deadlines/Hearings: Status Report due by 12/21/2021. (ecS, COURT STAFF) (Filed on 9/22/2021)

Sept. 22, 2021

Set Deadlines/Hearings

73 Oct. 14, 2021

NOTICE by Al Otro Lado, Alameda County Public Defender's Office, Marin County Public Defender's Office, Public Counsel, San Francisco Public Defender's Office, Santa Clara County Public Defender's Office, University of California, Davis Immigration Clinic, University of California, Los Angeles Immigration Law Clinic Of Withdrawal of Joan R. Li As Counsel for Amici Curiae (Li, Joan) (Filed on 10/14/2021) (Entered: 10/14/2021)

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74 Oct. 21, 2021

NOTICE by Centro Legal de la Raza Of Withdrawal of Michael McGuinness as Counsel for Centro Legal de la Raza (McGuinness, Michael) (Filed on 10/21/2021) (Entered: 10/21/2021)

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75 Dec. 20, 2021

STATUS REPORT by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice. (Greer, Christina) (Filed on 12/20/2021) (Entered: 12/20/2021)

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76 Dec. 22, 2021

NOTICE of Appearance by Brendan Thomas Moore (Moore, Brendan) (Filed on 12/22/2021) (Entered: 12/22/2021)

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77 Dec. 22, 2021

ORDER re 75 Status Report filed by Jeffrey A. Rosen, James McHenry, United States Department of Justice, Executive Office for Immigration Review. Further Joint Status Report due: 3/22/2022. Signed by Judge Susan Illston on 12/22/21. (ec, COURT STAFF) (Filed on 12/22/2021) (Entered: 12/22/2021)

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78 March 22, 2022

STATUS REPORT by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice. (Greer, Christina) (Filed on 3/22/2022) (Entered: 03/22/2022)

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79 March 23, 2022

ORDER re 78 Status Report filed by Jeffrey A. Rosen, James McHenry, United States Department of Justice, Executive Office for Immigration Review. Signed by Judge Susan Illston on 3/23/2022. Status Report due by 6/21/2022. (ec, COURT STAFF) (Filed on 3/23/2022) (Entered: 03/23/2022)

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80 June 21, 2022

STATUS REPORT by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice. (Greer, Christina) (Filed on 6/21/2022) (Entered: 06/21/2022)

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81 Aug. 1, 2022

ORDER re 80 Status Report filed by Jeffrey A. Rosen, James McHenry, United States Department of Justice, Executive Office for Immigration Review. Joint Status Report due by 10/31/2022. Signed by Judge Susan Illston on 8/1/2022. (ec, COURT STAFF) (Filed on 8/1/2022) (Entered: 08/01/2022)

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82 Sept. 1, 2022

NOTICE by Centro Legal de la Raza, Immigrant Legal Resource Center, Refugee and Immigrant Center for Education and Legal Services, Tahirih Justice Center NOTICE OF WITHDRAWAL OF ANOOP PRASAD (Prasad, Anoop) (Filed on 9/1/2022) (Entered: 09/01/2022)

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83 Oct. 31, 2022

STATUS REPORT by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice. (Greer, Christina) (Filed on 10/31/2022) (Entered: 10/31/2022)

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84 Oct. 31, 2022

ORDER re 83 Status Report. Signed by Judge Susan Illston on 10/31/2022. Status Report due by 1/30/2023. (ec, COURT STAFF) (Filed on 10/31/2022) (Entered: 10/31/2022)

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85 Jan. 30, 2023

STATUS REPORT by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice. (Attachments: # 1 Exhibit A)(Greer, Christina) (Filed on 1/30/2023) (Entered: 01/30/2023)

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86 Feb. 2, 2023

ORDER CONTINUING STAY AND SETTING REPORT DEADLINE. Status Report due by 5/3/2023. Signed by Judge Susan Illston on 2/2/2023. (ec, COURT STAFF) (Filed on 2/2/2023) (Entered: 02/02/2023)

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87 May 3, 2023

STATUS REPORT by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Greer, Christina) (Filed on 5/3/2023) (Entered: 05/03/2023)

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88 May 8, 2023

ORDER CONTINUING STAY AND SETTING STATUS REPORT DEADLINE. Status Report due by 8/7/2023. Signed by Judge Susan Illston on 5/8/2023. (ec, COURT STAFF) (Filed on 5/8/2023) (Entered: 05/08/2023)

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89 Aug. 7, 2023

STATUS REPORT by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice. (Attachments: # 1 Exhibit A)(Greer, Christina) (Filed on 8/7/2023) (Entered: 08/07/2023)

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90 Aug. 15, 2023

ORDER SETTING FURTHER STATUS REPORT DEADLINE AS AMENDED BY THE COURT Status Report due by 11/13/2023.. Signed by Judge Susan Illston on 8/15/2023. (ec, COURT STAFF) (Filed on 8/15/2023) (Entered: 08/15/2023)

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91 Nov. 13, 2023

STATUS REPORT by Executive Office for Immigration Review, James McHenry, Jeffrey A. Rosen, United States Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Greer, Christina) (Filed on 11/13/2023) (Entered: 11/13/2023)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

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92 Jan. 30, 2024

NOTICE by County of Los Angeles of Withdrawal of Certain Counsel (Suvor, Daniel) (Filed on 1/30/2024) (Entered: 01/30/2024)

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Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Key Dates

Filing Date: Jan. 19, 2021

Closing Date: Jan. 10, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of immigrant-rights nonprofits.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Asian Americans Advancing Justice | AAJC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Executive Office for Immigration Review

United States Department of Justice

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Other Dockets:

Northern District of California 3:21-cv-00463

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

National / Universal injunction

Order Duration: 2021 - 2025

Issues

Immigration/Border:

Asylum - criteria

Asylum - procedure

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Detention - conditions

Detention - criteria

U.S. citizenship - acquiring

Visas - criteria

Work authorization - procedures

Recommended Citation