Case: Catholic Legal Immigration Network, Inc. v. Executive Office for Immigration Review

1:21-cv-00094 | U.S. District Court for the District of District of Columbia

Filed Date: Jan. 11, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about a proposed immigration rule that would have stripped away procedural protections for noncitizens, limited judicial authority, and made it harder for immigrants to fight deportation.  On January 11, 2021, five organization that provided legal services for immigrants filed this lawsuit against the Executive Office for Immigration Review (EOIR) and the Department of Justice (DOJ) in the United States District Court for the District of Columbia. The Plaintiffs challenged a fina…

This is a case about a proposed immigration rule that would have stripped away procedural protections for noncitizens, limited judicial authority, and made it harder for immigrants to fight deportation. 

On January 11, 2021, five organization that provided legal services for immigrants filed this lawsuit against the Executive Office for Immigration Review (EOIR) and the Department of Justice (DOJ) in the United States District Court for the District of Columbia. The Plaintiffs challenged a final rule, "Appellate Procedure and Decisional Finality in Immigration Proceedings; Administrative Closure", which they alleged stripped away procedural protections for immigrants, restricted the authority of immigration judges, and obstructed critical forms of relief for people at risk of deportation. Plaintiffs alleged that this ran in violation of the Administrative Procedure Act (APA) for (1) being contrary to the law, (2) being arbitrary and capricious, (3) failing to observe required procedure, and (4) being promulgated by an official without statutory jurisdiction or authority to issue a rule; the Regulatory Flexibility Act (RFA), and the Fifth Amendment Due Process Clause.  

Plaintiffs alleged that the rule must be vacated because it was promulgated by an official, the EOIR Director, who had no rulemaking authority. Plaintiffs further alleged that the rule: (a) curtailed briefing schedules and extensions before the Board of Immigration Appeals (“BIA”); (b) eviscerated the BIA’s ability to remand cases to the immigration judge (“IJ”); (c) authorized the BIA to make findings of fact and introduce evidence in the first instance; (d) upended procedures for determining voluntary departure; (e) eliminated the IJ and BIA's authority to reopen cases or administratively close proceeedings; (f) assigned new adjudicatory powers to the Director of EOIR; (g) turned IJs into advocates by allowing them to revoke reversed opinions; and (h) imposed unrealistic adjudication time frames on the BIA. Plaintiffs asked that the court: grant a preliminary and permanent injunction preventing enforcement of the rule; a stay of implementation of the rule; declaratory judgment that the rule is invalid; vacate the rule; an order requiring that Defendants return cases to the status quo; and attorneys' fees.  

On January 12, 2021, the case was assigned to Judge Richard J. Leon.  

On February 1, 2021, Plaintiffs filed a motion to stay and a motion for a preliminary injunction. The memorandum filed in support of the motion stated much of the same claims as the amended complaint. However, the motions further alleged that the rule must be stayed or enjoined because it will irreparably harm respondents in immigration proceedings. Plaintiffs also alleged that they serve tens of thousands of noncitizens each year and that the rule makes their work far more difficult.  

On March 12, 2021, both parties filed a joint motion to stay proceedings or to issue a preliminary injunction. Plaintiffs and Defendants agreed that the case should be stayed following the issuance of a preliminary injunction and staying of the rule's effectiveness in Centro Legal de la Raza v. Exec. Office for Immigration Review. Plaintiffs in Centro Legal challenged the same EOIR rule and the parties agreed that holding this case in abeyance while the Centro Legal injunction was in place would be in both their and the court's interests. The parties also asked that the court allow them to file a joint status report in 90 days.  

On March 16, 2021, Judge Leon denied the joint motion to stay proceedings or issue a preliminary injunction in a minute order that is unavailable to the Clearinghouse. In the same order, however, he asked that the parties file supplemental briefs on the matter. The parties filed separate memoranda in favor of staying proceedings on March 19, 2021.

On April 4, 2021, Judge Leon granted the joint motion to stay proceedings. In the order, Judge Leon found that a stay was appropriate as Plaintiffs have shown that they are likely to succeed on the merits, they are likely to suffer irreparable harm in the absence of preliminary relief, and the balance of equities and public interest favor a stay. Finding that the rule has already been challenged and nationally enjoined by the courts and that the Biden Administration was reviewing the rule already, the court viewed that issuing its own injunction was unnecessary. The parties were ordered to file status reports every 90 days regarding the Defendants' review of the rule.

The parties filed joint status reports every 90 days from October 18, 2021 to October 17, 2024. The status reports during this time indicated that the Defendants were still reviewing the rule and conferring with Plaintiffs.  

The last available status report, filed on October 17, 2024,  stated that the DOJ had finalized a new final rule on Appellate Procedures and Decisional Finality in Immigration Proceedings. The report also stated the parties were currently engaged in discussions regarding the new rule and whether the case could be resolved without further litigation.  

On January 16, 2025, the Defendants filed a consent motion for leave to file a joint status report. On January 23, Judge Leon granted this motion for leave to file.

All proceedings in this case remain stayed and, therefore, this case is ongoing. 

Summary Authors

Herman Gonzalez (2/25/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/29097896/parties/catholic-legal-immigration-network-inc-v-executive-office-for/


Judge(s)
Attorney for Plaintiff

Dubner, Jeffrey B. (District of Columbia)

Harper, Mary Sameera (District of Columbia)

Attorney for Defendant

Bashyrov, Jacob A. (District of Columbia)

Greer, Christina (District of Columbia)

Expert/Monitor/Master/Other

Carter, Margaret L. (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:21-cv-00094

Complaint

Catholic Legal Immigration Network v. Executive Office for Immigration Review

Jan. 11, 2021

Jan. 11, 2021

Complaint
9

1:21-cv-00094

Plaintiffs’ Motion to Stay Agency Action Under 5 U.S.C. § 705 and/or for a Preliminary Injunction

Feb. 1, 2021

Feb. 1, 2021

Pleading / Motion / Brief
43

1:21-cv-00094

Joint Motion to Stay Proceedings, and Memorandum of Points and Authorities in Support Thereof

March 12, 2021

March 12, 2021

Pleading / Motion / Brief
46

1:21-cv-00094

Memorandum Order

April 4, 2021

April 4, 2021

Order/Opinion

2021 WL 3609986

70

1:21-cv-00094

Joint Status Report

Oct. 17, 2024

Oct. 17, 2024

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/29097896/catholic-legal-immigration-network-inc-v-executive-office-for/

Last updated July 4, 2025, 12:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JAMES MCHENRY, JEFFREY A. ROSEN ( Filing fee $ 402 receipt number ADCDC-8063207) filed by FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, BROOLYN DEFENDER SERVICES, CATHOLIC LEGAL IMMIGRATION NETWORK, INC., NATIONAL IMMIGRANT JUSTICE CENTER, HIAS. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons EOIR, # 3 Summons Summons DOJ, # 4 Summons Summons Rosen, # 5 Summons Summons McHenry, # 6 Summons Summons AUSA)(Zwick, Keren) (Entered: 01/11/2021)

1 Civil Cover Sheet Civil Cover Sheet

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2 Summons Summons EOIR

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3 Summons Summons DOJ

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4 Summons Summons Rosen

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5 Summons Summons McHenry

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6 Summons Summons AUSA

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Jan. 11, 2021

Jan. 11, 2021

Clearinghouse

Case Assigned to Judge Richard J. Leon. (adh, )

Jan. 12, 2021

Jan. 12, 2021

PACER
2

SUMMONS (5) Issued Electronically as to DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JAMES MCHENRY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER
3

NOTICE of Appearance by Benjamin M. Seel on behalf of BROOLYN DEFENDER SERVICES, CATHOLIC LEGAL IMMIGRATION NETWORK, INC., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER (Seel, Benjamin) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER
4

NOTICE of Appearance by Jeffrey B. Dubner on behalf of BROOLYN DEFENDER SERVICES, CATHOLIC LEGAL IMMIGRATION NETWORK, INC., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER (Dubner, Jeffrey) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER
5

NOTICE of Appearance by Sean A. Lev on behalf of BROOLYN DEFENDER SERVICES, CATHOLIC LEGAL IMMIGRATION NETWORK, INC., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER (Lev, Sean) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER
6

NOTICE of Appearance- Pro Bono by Sarah D. Thompson on behalf of All Plaintiffs (Thompson, Sarah) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER
7

MOTION Leave to Use Alternate Address by FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT (Attachments: # 1 Memorandum in Support, # 2 Declaration Exh. A, Declaration of Lauren Dasse, Executive Director, Florence Immigrant and Refugee Rights Project, # 3 Text of Proposed Order Exh. B, Proposed Order Granting Motion)(Thompson, Sarah) (Entered: 01/12/2021)

1 Memorandum in Support

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2 Declaration Exh. A, Declaration of Lauren Dasse, Executive Director, Florence Im

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3 Text of Proposed Order Exh. B, Proposed Order Granting Motion

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Jan. 12, 2021

Jan. 12, 2021

RECAP

Case Assigned/Reassigned

Jan. 12, 2021

Jan. 12, 2021

PACER
8

NOTICE of Appearance by April Denise Seabrook on behalf of DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JAMES MCHENRY, JEFFREY A. ROSEN (Seabrook, April) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

RECAP
9

MOTION to Stay, MOTION for Preliminary Injunction by BROOLYN DEFENDER SERVICES, CATHOLIC LEGAL IMMIGRATION NETWORK, INC., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Text of Proposed Order)(Dubner, Jeffrey). Added MOTION for Preliminary Injunction on 2/2/2021 (zjf). (Entered: 02/01/2021)

1 Memorandum in Support

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Text of Proposed Order

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Feb. 1, 2021

Feb. 1, 2021

Clearinghouse
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/27/2021. (Zwick, Keren) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 1/27/2021 (Zwick, Keren) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JAMES MCHENRY served on 1/22/2021 (Zwick, Keren) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW served on 1/22/2021 (Zwick, Keren) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER

MINUTE ORDER. Upon consideration of plaintiffs' 9 Motion to Stay Agency Action Under 5 U.S.C. ยง 705 and/or for a Preliminary Injunction, it is hereby ORDERED that a telephonic hearing on plaintiffs' motion shall be held before the undersigned on February 22, 2021 at 4:00 PM. In a separate email, the Court's Deputy Clerk will provide the parties instructions to access the telephonic hearing. Signed by Judge Richard J. Leon on 2/3/2021.(lcrjl2)

Feb. 3, 2021

Feb. 3, 2021

PACER

~Util - Set/Reset Hearings

Feb. 3, 2021

Feb. 3, 2021

PACER
14

NOTICE of Appearance by Christina Greer on behalf of All Defendants (Greer, Christina) (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

RECAP
15

MOTION for Leave to File an Amicus Curiae Brief and to Enlarge the Page Limit for Such Brief by ASISTA IMMIGRATION ASSISTANCE, ASIAN PACIFIC INSTITUTE ON GENDER-BASED VIOLENCE, CASA DE ESPERANZA, FREEDOM NETWORK USA, FUTURES WITHOUT VIOLENCE, THE NATIONAL ALLIANCE TO END SEXUAL VIOLENCE, THE NATIONAL COALITION AGAINST DOMESTIC VIOLENCE, NATIONAL DOMESTIC VIOLENCE HOTLINE, NATIONAL NETWORK TO END DOMESTIC VIOLENCE, HER JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Brief of Organizations Advocating for the Rights of Survivors of Domestic Violence and Human Trafficking as Amici Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction as to the Administrative Closure Rule, # 3 Exhibit Exhibit A)(Zevnik, Paul) (Entered: 02/05/2021)

1 Text of Proposed Order

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2 Brief of Organizations Advocating for the Rights of Survivors of Domestic Viole

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3 Exhibit Exhibit A

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Feb. 5, 2021

Feb. 5, 2021

PACER
16

NOTICE of Appearance by John Robert Jacob on behalf of Former Immigration Judges and Members of the Board of Immigration Appeals (Jacob, John) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
17

MOTION for Leave to File Amicus Curiae Brief by Former Immigration Judges and Members of the Board of Immigration Appeals. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Appendix Biographies of Amici Curiae, # 3 Text of Proposed Order)(Jacob, John) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
18

MOTION for Leave to File Amicus Curiae Brief by KIDS IN NEED OF DEFENSE (KIND). (Attachments: # 1 Amicus Curiae Brief, # 2 Text of Proposed Order)(Word, J.) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
19

NOTICE of Appearance by Meaghan VerGow on behalf of COUNTY OF LOS ANGELES (VerGow, Meaghan) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
20

MOTION for Leave to File Brief of Amici Curiae 16 Cities and Counties in Support of Plaintiffs' Motion to Stay Agency Action Under 5 U.S.C. Section 705 and/or for a Preliminary Injunction by COUNTY OF LOS ANGELES. (Attachments: # 1 Brief of Amici Curiae 16 Cities and Counties in Support of Plaintiffs' Motion to Stay Agency Action Under 5 U.S.C. Section 705 and/or for a Preliminary Injunction, # 2 Text of Proposed Order Granting Motion for Leave to File Brief of Amici Curiae)(VerGow, Meaghan) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
21

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Margaret L. Carter, Filing fee $ 100, receipt number ADCDC-8177168. Fee Status: Fee Paid. by COUNTY OF LOS ANGELES. (Attachments: # 1 Declaration of Margaret L. Carter in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order Granting Motion for Admission Pro Hac Vice of Margaret L. Carter)(VerGow, Meaghan) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
22

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel R. Suvor, Filing fee $ 100, receipt number ADCDC-8177301. Fee Status: Fee Paid. by COUNTY OF LOS ANGELES. (Attachments: # 1 Declaration of Daniel R. Suvor in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order Granting Motion for Admission Pro Hac Vice of Daniel R. Suvor)(VerGow, Meaghan) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
23

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/8/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/9/2021. (Zwick, Keren) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
24

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mary Van Houten Harper, Filing fee $ 100, receipt number ADCDC-8177905. Fee Status: Fee Paid. by BROOLYN DEFENDER SERVICES, CATHOLIC LEGAL IMMIGRATION NETWORK, INC., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Zwick, Keren) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER

MINUTE ORDER granting 21 Motion for Admission Pro Hac Vice of Margaret L. Carter. It is hereby ORDERED that the Motion is GRANTED and that Margaret L. Carter be, and hereby is, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Richard J. Leon on 2/9/2021. (lcrjl2)

Feb. 9, 2021

Feb. 9, 2021

PACER

MINUTE ORDER granting 22 Motion for Admission Pro Hac Vice of Daniel R. Suvor. It is hereby ORDERED that the Motion is GRANTED and that Daniel R. Suvor be, and hereby is, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Richard J. Leon on 2/9/2021. (lcrjl2)

Feb. 9, 2021

Feb. 9, 2021

PACER

MINUTE ORDER granting 24 Motion for Admission Pro Hac Vice of Mary Van Houten Harper. It is hereby ORDERED that the Motion is GRANTED and that Mary Van Houten Harper be, and hereby is, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Richard J. Leon on 2/9/2021. (lcrjl2)

Feb. 9, 2021

Feb. 9, 2021

PACER

MINUTE ORDER. Upon consideration of 15 Motion of Organizations Advocating for the Rights of Survivors of Domestic Violence and Human Trafficking for Leave to File an Amicus Brief and to Enlarge the Page Limit for Such Brief, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the applicable page limit for such brief is enlarged to 32 pages, exclusive of caption, tables, and certificates. The Clerk is directed to file [15-2] the brief and [15-3] the exhibits thereto; It is further ORDERED that, upon consideration of 17 Motion for Leave to File an Amicus Brief by Former Immigration Judges and Members of the Board of Immigration Appeals, the motion is GRANTED. The Clerk is directed to file [17-1] the brief and [17-2] the appendices thereto; It is further ORDERED that, upon consideration of 18 Motion of Kids in Need of Defense for Leave to File Amicus Curiae Brief, the motion is GRANTED. The Clerk is directed to file [18-1] the brief; It is further ORDERED that, upon consideration of 20 Motion for Leave to File Brief of Amici Curiae 16 Cities and Counties in Support of Plaintiffs' Motion to Stay Agency Action Under 5 U.S.C. ยง 705 and/or for a Preliminary Injunction, the motion is GRANTED. The Clerk is directed to file [20-1] the brief. SO ORDERED. Signed by Judge Richard J. Leon on 2/9/2021. (lcrjl2)

Feb. 9, 2021

Feb. 9, 2021

PACER
25

MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Stay and/or for a Preliminary Injunction MOTION for Preliminary Injunction by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JAMES MCHENRY, JEFFREY A. ROSEN. (Seabrook, April) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

RECAP
27

AMICUS BRIEF by ASIAN PACIFIC INSTITUTE ON GENDER-BASED VIOLENCE, ASISTA IMMIGRATION ASSISTANCE, CASA DE ESPERANZA, FREEDOM NETWORK USA, FUTURES WITHOUT VIOLENCE, NATIONAL DOMESTIC VIOLENCE HOTLINE, NATIONAL NETWORK TO END DOMESTIC VIOLENCE, THE NATIONAL ALLIANCE TO END SEXUAL VIOLENCE, THE NATIONAL COALITION AGAINST DOMESTIC VIOLENCE. (Attachments: # 1 Exhibit)(zjf) (Entered: 02/14/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
28

AMICUS BRIEF by FORMER IMMIGRATION JUDGES AND MEMBERS OF THE BOARD OF IMMIGRATION APPEALS. (Attachments: # 1 Exhibit)(zjf) (Entered: 02/14/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
29

AMICUS BRIEF by KIDS IN NEED OF DEFENSE (KIND). (zjf) (Entered: 02/14/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
30

AMICUS BRIEF by COUNTY OF LOS ANGELES. (zjf) (Entered: 02/14/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 9, 2021

Feb. 9, 2021

PACER

Order on Motion for Leave to File AND Order on Motion for Leave to File AND Order on Motion for Leave to File AND Order on Motion for Leave to File

Feb. 9, 2021

Feb. 9, 2021

PACER

MINUTE ORDER. Upon consideration of defendants' 25 Motion for Extension of Time Nunc Pro Tunc to File Opposition, it is hereby ORDERED that the motion is GRANTED and that defendants have up to and including February 16, 2021 to file an opposition to plaintiffs' 9 Motion to Stay Agency Action 5 U.S.C. ยง 705 and/or for a Preliminary Injunction. SO ORDERED. Signed by Judge Richard J. Leon on 2/11/2021.(lcrjl2)

Feb. 11, 2021

Feb. 11, 2021

PACER

Set/Reset Deadlines AND Order on Motion for Extension of Time to File Response/Reply

Feb. 11, 2021

Feb. 11, 2021

PACER
26

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine A. Vaky, Filing fee $ 100, receipt number ADCDC-8193484. Fee Status: Fee Paid. by ASIAN PACIFIC INSTITUTE ON GENDER-BASED VIOLENCE, ASISTA IMMIGRATION ASSISTANCE, CASA DE ESPERANZA, FREEDOM NETWORK USA, FUTURES WITHOUT VIOLENCE, HER JUSTICE, NATIONAL DOMESTIC VIOLENCE HOTLINE, NATIONAL NETWORK TO END DOMESTIC VIOLENCE, THE NATIONAL ALLIANCE TO END SEXUAL VIOLENCE, THE NATIONAL COALITION AGAINST DOMESTIC VIOLENCE. (Attachments: # 1 Exhibit A to Pro Hac Vice Motion, # 2 Text of Proposed Order)(Zevnik, Paul) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER
31

Consent MOTION for Leave to File Excess Pages by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JAMES MCHENRY, JEFFREY A. ROSEN. (Seabrook, April) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

RECAP
32

NOTICE of Appearance by Daniel Suvor on behalf of COUNTY OF LOS ANGELES (Suvor, Daniel) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
33

NOTICE of Appearance by Margaret Carter on behalf of COUNTY OF LOS ANGELES (Carter, Margaret) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
34

NOTICE of Appearance- Pro Bono by Mary Sameera Van Houten Harper on behalf of BROOLYN DEFENDER SERVICES, CATHOLIC LEGAL IMMIGRATION NETWORK, INC., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER (Van Houten Harper, Mary) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
35

RESPONSE re 9 MOTION to Stay and/or for a Preliminary Injunction MOTION for Preliminary Injunction filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JEAN KING, JAMES MCHENRY, JEFFREY A. ROSEN, MONTY WILKINSON. (Attachments: # 1 Declaration of Christina P. Greer, # 2 Exhibit 1 - Attorney General Order No. 4910-2020, # 3 Text of Proposed Order)(Greer, Christina) (Entered: 02/16/2021)

1 Declaration of Christina P. Greer

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2 Exhibit 1 - Attorney General Order No. 4910-2020

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3 Text of Proposed Order

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Feb. 16, 2021

Feb. 16, 2021

RECAP

MINUTE ORDER. It is hereby ORDERED that the telephonic preliminary injunction hearing scheduled for February 22, 2021 at 4:00 PM is rescheduled to March 4, 2021 at 3:00 PM. The Court finds that this hearing date will not prejudice the parties. The dial in telephone numbers and pass codes previously distributed to the parties will remain the same for the hearing on March 4, 2021. Counsel are reminded that only counsel for the Plaintiffs and Defendants will be permitted to argue and appear on the primary telephone line. All others must dial in on the secondary "listen only" telephone line. SO ORDERED. Signed by Judge Richard J. Leon on 2/19/2021. (jth)

Feb. 19, 2021

Feb. 19, 2021

PACER

Set/Reset Hearing: Telephonic Preliminary Injunction Hearing reset for 3/4/2021 at 3:00 PM before Judge Richard J. Leon. (jth)

Feb. 19, 2021

Feb. 19, 2021

PACER
36

Consent MOTION for Leave to File Reply Brief and Supplemental Declaration by BROOLYN DEFENDER SERVICES, CATHOLIC LEGAL IMMIGRATION NETWORK, INC., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Text of Proposed Order)(Dubner, Jeffrey) (Entered: 02/19/2021)

1 Memorandum in Support

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2 Declaration

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3 Text of Proposed Order

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Feb. 19, 2021

Feb. 19, 2021

RECAP

.Order

Feb. 19, 2021

Feb. 19, 2021

PACER

Set/Reset Hearings

Feb. 19, 2021

Feb. 19, 2021

PACER

MINUTE ORDER. Upon consideration of plaintiffs' 36 Consent Motion for Leave to File Reply Brief and Supplemental Declaration, it is hereby ORDERED that the motion is GRANTED. It if further ORDERED that plaintiffs' Reply Brief in Support of Their Motion to Stay Agency Action under 5 U.S.C. 705 and/or for a Preliminary Injunction may exceed the page limit in Local Civil Rule 7(e) by five pages. The Clerk is directed to file [36-1] the reply and [36-2] the Supplement Declaration of Lisa Koop. Signed by Judge Richard J. Leon on 2/23/2021. (lcrjl2)

Feb. 23, 2021

Feb. 23, 2021

PACER
37

REPLY re 9 MOTION to Stay and/or for a Preliminary Injunction MOTION for Preliminary Injunction filed by BROOLYN DEFENDER SERVICES, CATHOLIC LEGAL IMMIGRATION NETWORK, INC., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (zjf) (Entered: 02/24/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER

Order on Motion for Leave to File

Feb. 23, 2021

Feb. 23, 2021

PACER

MINUTE ORDER granting 26 Motion for Admission Pro Hac Vice of Katherine A. Vaky. It is hereby ORDERED that the Motion is GRANTED and that Katherine A. Vaky be, and hereby is, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Richard J. Leon on 2/24/2021. (lcrjl2)

Feb. 24, 2021

Feb. 24, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 24, 2021

Feb. 24, 2021

PACER
38

NOTICE OF RELATED CASE by BROOLYN DEFENDER SERVICES, CATHOLIC LEGAL IMMIGRATION NETWORK, INC., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. Case related to Case No. 3:21-cv-463 (N.D. Cal.). (Dubner, Jeffrey) (Main Document 38 replaced on 3/2/2021) (zjf). (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

RECAP
39

RESPONSE re 38 Notice of Related Case, filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, MONTY WILKINSON. (Attachments: # 1 Exhibit A)(Greer, Christina) (Entered: 03/03/2021)

1 Exhibit A

View on PACER

March 3, 2021

March 3, 2021

RECAP

Minute Entry for proceedings held before Judge Richard J. Leon: Telephonic Preliminary Injunction held on 3/4/2021. The parties may submit supplemental briefs of 15 pages or less on the limited issue of this Court's authority to issue a stay pending the outcome of this litigation no later than 5:00 PM on 3/15/2021. (Court Reporter: Jan Dickman.) (hmc)

March 4, 2021

March 4, 2021

PACER
40

NOTICE of Appearance by Katherine A Vaky on behalf of ASIAN PACIFIC INSTITUTE ON GENDER-BASED VIOLENCE, ASISTA IMMIGRATION ASSISTANCE, CASA DE ESPERANZA, FREEDOM NETWORK USA, FUTURES WITHOUT VIOLENCE, HER JUSTICE, NATIONAL ALLIANCE TO END SEXUAL VIOLENCE, NATIONAL COALITION AGAINST DOMESTIC VIOLENCE, NATIONAL DOMESTIC VIOLENCE HOTLINE, NATIONAL NETWORK TO END DOMESTIC VIOLENCE (Vaky, Katherine) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER

~Util - Set/Reset Deadlines AND Preliminary Injunction

March 5, 2021

March 5, 2021

PACER
41

TRANSCRIPT OF PROCEEDINGS before Judge Richard J. Leon held on March 4, 2021; Page Numbers: 1-53. Date of Issuance: March 8, 2021. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/29/2021. Redacted Transcript Deadline set for 4/8/2021. Release of Transcript Restriction set for 6/6/2021.(Dickman, Janice) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
42

NOTICE of Preliminary Injunction in Related Case by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JEAN KING, MONTY WILKINSON (Attachments: # 1 Exhibit)(Greer, Christina) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER

MINUTE ORDER. Upon consideration of 31 defendants' Consent Motion for Leave to File Excess Pages, it is hereby ORDERED that the motion is GRANTED nunc pro tunc. SO ORDERED. (lcrjl2)

March 12, 2021

March 12, 2021

PACER

MINUTE ORDER. Upon consideration of 7 plaintiff Florence Immigrant and Refugee Rights Project's Motion for Leave to Use Alternative Address, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that plaintiff Florence Immigrant and Refugee Rights Project shall be permitted to proceed in this action using their alternative P.O. box address. SO ORDERED. Signed by Judge Richard J. Leon on 3/12/2021.(lcrjl2)

March 12, 2021

March 12, 2021

PACER
43

Joint MOTION to Stay Proceedings by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JEAN KING, MONTY WILKINSON. (Attachments: # 1 Text of Proposed Order)(Greer, Christina) (Entered: 03/12/2021)

1 Text of Proposed Order

View on RECAP

March 12, 2021

March 12, 2021

Clearinghouse

Order on Motion for Leave to File Excess Pages

March 12, 2021

March 12, 2021

PACER

Order on Motion for Miscellaneous Relief

March 12, 2021

March 12, 2021

PACER

MINUTE ORDER. Upon consideration of the parties' 43 Joint Motion to Stay Proceedings, it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. The motion is GRANTED to the extent it seeks an extension of time to file the supplemental briefing ordered by this Court on March 4, 2021. The parties shall now file the supplemental briefing described in this Court's March 4, 2021 minute order no later than 5:00 PM E.S.T. on March 19, 2021. The motion is DENIED to the extent it seeks a stay of proceedings and in all other respects. SO ORDERED. Signed by Judge Richard J. Leon on 3/16/2021.(lcrjl2)

March 16, 2021

March 16, 2021

PACER

Order on Motion to Stay

March 16, 2021

March 16, 2021

PACER

Set/Reset Deadlines: Supplemental briefing due by 5:00 PM E.S.T. on 3/19/2021. (hmc)

March 17, 2021

March 17, 2021

PACER

Set/Reset Deadlines

March 17, 2021

March 17, 2021

PACER
44

SUPPLEMENTAL MEMORANDUM to re Preliminary Injunction,, Set Deadlines, filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JEAN KING, MONTY WILKINSON. (Greer, Christina) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
45

SUPPLEMENTAL MEMORANDUM to re 9 MOTION to Stay and/or for a Preliminary Injunction MOTION for Preliminary Injunction filed by BROOLYN DEFENDER SERVICES, CATHOLIC LEGAL IMMIGRATION NETWORK, INC., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Zwick, Keren) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
46

MEMORANDUM ORDER granting 9 Plaintiffs' Motion to Stay Agency Action Under 5 U.S.C. ยง 705. Signed by Judge Richard J. Leon on 4/3/2021. (lcrjl2) (Entered: 04/04/2021)

April 4, 2021

April 4, 2021

Clearinghouse
47

MOTION to Stay Proceedings by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JEAN KING, MONTY WILKINSON. (Attachments: # 1 Text of Proposed Order)(Greer, Christina) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

PACER

MINUTE ORDER. Upon consideration of defendants' 47 Motion to Stay Proceedings, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that all proceedings and deadlines in this case shall be STAYED. Defendants shall submit a status report no later than July 19, 2021 regarding the status of defendants' review of the Rule at issue. Defendants shall also confer with plaintiffs and include in the status report a proposal for further proceedings. SO ORDERED. Signed by Judge Richard J. Leon on 4/18/2021. (lcrjl2)

April 18, 2021

April 18, 2021

PACER

Order on Motion to Stay

April 18, 2021

April 18, 2021

PACER

Set/Reset Deadlines: Status Report due by 7/19/2021. (zjd)

April 19, 2021

April 19, 2021

PACER

Set/Reset Deadlines

April 19, 2021

April 19, 2021

PACER
48

NOTICE OF WITHDRAWAL OF APPEARANCE as to COUNTY OF LOS ANGELES. Attorney Margaret L. Carter terminated. (Suvor, Daniel) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER

MINUTE ORDER. Upon consideration of 48 Notice of Withdrawal of Counsel, it is hereby ORDERED that Margaret L. Carter is permitted to withdraw as counsel for amicus curiae the County of Los Angeles. SO ORDERED. Signed by Judge Richard J. Leon on 5/16/2021. (lcrjl2)

May 16, 2021

May 16, 2021

PACER

.Order

May 16, 2021

May 16, 2021

PACER
49

NOTICE OF WITHDRAWAL OF APPEARANCE as to BROOLYN DEFENDER SERVICES, CATHOLIC LEGAL IMMIGRATION NETWORK, INC., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. Attorney Benjamin M. Seel terminated. (Seel, Benjamin) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
50

Joint STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JEAN KING, MONTY WILKINSON. (Greer, Christina) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER

MINUTE ORDER. Upon consideration of the parties' 50 Joint Status Report, it is hereby ORDERED that all proceedings and deadlines in this case shall remain STAYED. Defendants shall submit a status report no later than October 18, 2021 regarding the status of defendants' review of the Rule at issue. Defendants shall also confer with plaintiffs and include in the status report a proposal for further proceedings. SO ORDERED. Signed by Judge Richard J. Leon on 7/19/2021.(lcrjl2)

July 19, 2021

July 19, 2021

PACER

.Order

July 19, 2021

July 19, 2021

PACER

Set/Reset Deadlines: Defendants' Status Report due by 10/18/2021. (hmc)

July 21, 2021

July 21, 2021

PACER

Set/Reset Deadlines

July 21, 2021

July 21, 2021

PACER
51

Joint STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JEAN KING, MONTY WILKINSON. (Greer, Christina) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER

MINUTE ORDER. Upon consideration of the parties' 51 Joint Status Report, it is hereby ORDERED that all proceedings and deadlines in this case shall remain STAYED for sixty (60) days. It is further ORDERED that the parties shall submit a joint status report no later than January 18, 2022 including a proposal for further proceedings. SO ORDERED. Signed by Judge Richard J. Leon on 11/18/2021.(lcrjl2)

Nov. 18, 2021

Nov. 18, 2021

PACER

.Order

Nov. 18, 2021

Nov. 18, 2021

PACER

Set/Reset Deadlines: Joint Status Report due by 1/18/2022. (hmc)

Nov. 19, 2021

Nov. 19, 2021

PACER

Set/Reset Deadlines

Nov. 19, 2021

Nov. 19, 2021

PACER
52

NOTICE of Appearance by Brendan Thomas Moore on behalf of All Defendants (Moore, Brendan) (Entered: 01/06/2022)

Jan. 6, 2022

Jan. 6, 2022

PACER
53

Joint STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JEAN KING, MONTY WILKINSON. (Greer, Christina) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

RECAP

MINUTE ORDER. Upon consideration of the parties' 53 Joint Status Report, it is hereby ORDERED that all proceedings and deadlines in this case shall remain STAYED for ninety (90) days. It is further ORDERED that the parties shall submit a joint status report no later than April 19, 2022 including a proposal for further proceedings. SO ORDERED. Signed by Judge Richard J. Leon on 1/19/22. (lcrjl2)

Jan. 19, 2022

Jan. 19, 2022

PACER

.Order

Jan. 19, 2022

Jan. 19, 2022

PACER
54

Joint STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JEAN KING, MONTY WILKINSON. (Moore, Brendan) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

RECAP

Case Details