Case: Northwest Immigrant Rights Project v. United States Citizenship and Immigration Services

1:19-cv-03283 | U.S. District Court for the District of District of Columbia

Filed Date: Oct. 31, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 31, 2019, the Northwest Immigrant Rights Project (“NIRP”) filed a complaint against the U.S. Citizenship and Immigration Services (“USCIS”) in the U.S. District Court for the District of Columbia. Seeking declaratory and injunctive relief, the complaint took issue with USCIS’s decision to amend and heighten the standards by which individuals can qualify for waivers of fees associated with applying for immigration benefits. In adopting these changes to the regulation, the complaint al…

On October 31, 2019, the Northwest Immigrant Rights Project (“NIRP”) filed a complaint against the U.S. Citizenship and Immigration Services (“USCIS”) in the U.S. District Court for the District of Columbia. Seeking declaratory and injunctive relief, the complaint took issue with USCIS’s decision to amend and heighten the standards by which individuals can qualify for waivers of fees associated with applying for immigration benefits. In adopting these changes to the regulation, the complaint alleged USCIS violated the Administrative Procedure Act (“APA”) by failing to follow proper notice-and-comment rulemaking and because the changes themselves were alleged to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law. NIRP sought for the court to declare the changes to be unlawful and to set aside the agency action. On November 21, NIRP filed an amended complaint; however, the allegations were not substantively different. The case was assigned to Randolph D. Moss and to Judge Ellen S. Huvelle. 

NIRP filed a motion for summary judgment on December 12 on grounds that USCIS’s changes to the fee-waiver standard were procedurally and substantively unlawful under the APA. An amicus brief was submitted by organizations serving immigrant survivors of violence in support of NIRP’s summary judgment motion on January 22, 2020.

On February 18, 2020, the defendants filed a motion to dismiss for the plaintiff’s lack of Article III standing, or in the alternative, summary judgment in their favor. Proceedings were held on the matter in July 2020. However, shortly after, on August 21, the plaintiffs filed a motion to amend and supplement the complaint. Notably, the Department of Homeland Security had promulgated a new rule (“2020 Fee Rule’) that sought to codify many of the changes that USCIS had initially sought to make without rulemaking. The court granted the motion to amend the complaint. 

The second amended complaint was filed on August 29, 2020. The complaint added plaintiffs Ayuda, Inc. and Casa de Maryland, Inc—two non-profit organizations advocating for and supporting low-income immigrant communities—and added defendants as well, including the Department of Homeland Security and the then-Acting Secretary. The complaint continued to take issue with USCIS’s attempted rulemaking for violations of the APA, but also took issue with the new 2020 Fee Rule for similar violations to the APA, namely failure to follow notice-and-comment, for being contrary to the statutory text of the Immigration and Nationality Act (“INA”), and for being arbitrary and capricious. 

On September 3, the plaintiffs then filed a motion for a preliminary injunction, requesting that the 2020 Fee Rule’s effective date be postponed and for a stay of implementation of the Rule pending conclusion of the proceedings. On September 10, the city of New York and 22 other local governments filed an amicus brief in support of the plaintiffs. 

On October 8, 2020, the court granted the preliminary injunction. 496 F.Supp.3d 31. The court first determined the plaintiffs were likely to prevail on the issue of standing. On the merits, the court found the plaintiffs were likely to succeed on the APA challenge. The court, thus, ordered to stay the effective date of the Rule in its entirety, with the exception of those fees set by statute. The defendants then appealed the decision to the U.S. Court of Appeals for the D.C. Circuit on December 7, 2020; however, the appeal was dismissed voluntarily. 2021 WL 161666.

Following a joint status report after the inauguration of President Joseph Biden, the court stayed the case to allow the government to undertake a review of the challenged rules. The case continued to be stayed through 2021, 2022, and 2023. 

On January 31, 2024, the government published a final rule titled “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements.” The 2024 Final Rule became effective on April 1, 2024, and replaced the 2020 Rule in its entirety. According to a May 2024 status report filed by the plaintiffs, the 2024 Final Rule was being challenged through two other cases: Moody v. Mayorkas, (D. Colo. Mar. 19, 2024), and Civitas Capital Management, LLC v. Mayorkas (N.D. Tex. Apr. 22, 2024). The case continued to be stayed through 2024. 

On February 18, 2025, the court ordered the parties to either file a further joint status report or a stipulation of dismissal on or before August 13, 2025. The case, thus, remains ongoing. 

Summary Authors

Kavitha Babu (2/27/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16408345/parties/northwest-immigrant-rights-project-v-united-states-citizenship-and/


Judge(s)
Attorney for Plaintiff

Adams, Matt (District of Columbia)

Cooper, Laurie Ball (District of Columbia)

Attorney for Defendant

Burch, Alan (District of Columbia)

Expert/Monitor/Master/Other

Delery, Stuart F. (District of Columbia)

Downes, Brendan Barrett (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:19-cv-03283

Complaint for Declaratory and Injunctive Relief

Oct. 31, 2019

Oct. 31, 2019

Complaint
45

1:19-cv-03283

Second Amended and Supplemental Complaint for Declaratory and Injunctive Relief

Aug. 29, 2020

Aug. 29, 2020

Complaint
52

1:19-cv-03283

Brief for 23 Local Governments and Elected Officials as Amici Curiae in Support of Plaintiffs’ Preliminary Injunction Motion

Sept. 10, 2020

Sept. 10, 2020

Pleading / Motion / Brief
85

1:19-cv-03283

Memorandum Opinion

Oct. 8, 2020

Oct. 8, 2020

Order/Opinion

496 F.Supp.3d 31

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16408345/northwest-immigrant-rights-project-v-united-states-citizenship-and/

Last updated Aug. 20, 2025, 11:35 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES ( Filing fee $ 400 receipt number ADCDC-6494518) filed by NORTHWEST IMMIGRANT RIGHTS PROJECT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to the U.S. Attorney, # 3 Summons United States Citizenship and Immigration Services, # 4 Summons to the Attorney General)(Smullin, Rebecca) (Entered: 10/31/2019)

1 Civil Cover Sheet

View on PACER

2 Summons to the U.S. Attorney

View on PACER

3 Summons United States Citizenship and Immigration Services

View on PACER

4 Summons to the Attorney General

View on PACER

Oct. 31, 2019

Oct. 31, 2019

Clearinghouse
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NORTHWEST IMMIGRANT RIGHTS PROJECT (Smullin, Rebecca) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
3

NOTICE of Appearance by Michael T. Kirkpatrick on behalf of NORTHWEST IMMIGRANT RIGHTS PROJECT (Kirkpatrick, Michael) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
4

SUMMONS (3) Issued Electronically as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
5

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 11/1/19. (lcrdm1) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/1/2019. Answer due for ALL FEDERAL DEFENDANTS by 12/31/2019. (Smullin, Rebecca) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER

Case Assigned/Reassigned

Nov. 1, 2019

Nov. 1, 2019

PACER

Case assigned to Judge Randolph D. Moss. (zmc)

Nov. 1, 2019

Nov. 1, 2019

PACER
7

NOTICE of Appearance by Alan Burch on behalf of UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Burch, Alan) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/13/19. (Smullin, Rebecca) Modified date served from October to November on 11/20/2019 (ztd). (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
9

AMENDED COMPLAINT against All Defendants filed by NORTHWEST IMMIGRANT RIGHTS PROJECT. (Attachments: # 1 Redline comparison)(Smullin, Rebecca) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
10

NOTICE of Appearance by Charles Edward Talmadge Roberts on behalf of All Defendants (Roberts, Charles) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
11

MOTION for Summary Judgment by NORTHWEST IMMIGRANT RIGHTS PROJECT (Attachments: # 1 Declaration of Jorge L. Baron, # 2 Declaration of Rebecca Smullin, # 3 Text of Proposed Order)(Smullin, Rebecca) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
12

Consent MOTION for Extension of Time to File Response/Reply, Consent MOTION for Extension of Time to File Answer by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Attachments: # 1 Text of Proposed Order)(Roberts, Charles) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

PACER

Order on Motion for Extension of Time to Answer

Dec. 18, 2019

Dec. 18, 2019

PACER

Set/Reset Deadlines

Dec. 18, 2019

Dec. 18, 2019

PACER

Order on Motion for Extension of Time to File Response/Reply

Dec. 18, 2019

Dec. 18, 2019

PACER

MINUTE ORDER: Upon consideration of Defendant's consent motion to extend deadlines, Dkt. 12, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall respond to Plaintiff's motion for summary judgment and answer or otherwise respond to Plaintiff's first amended complaint on or before January 27, 2020. It is further ORDERED that, on or before February 19, 2020, Plaintiff shall reply to Defendant's response or respond to any cross-motion that Defendant may file. Signed by Judge Randolph D. Moss on 12/18/19. (lcrdm1)

Dec. 18, 2019

Dec. 18, 2019

PACER
13

MOTION for Extension of Time to File Response/Reply and Answer by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Attachments: # 1 Text of Proposed Order)(Roberts, Charles) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
14

RESPONSE re 13 MOTION for Extension of Time to File Response/Reply and Answer filed by NORTHWEST IMMIGRANT RIGHTS PROJECT. (Attachments: # 1 Text of Proposed Order)(Smullin, Rebecca) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
15

REPLY to opposition to motion re 13 MOTION for Extension of Time to File Response/Reply and Answer filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Roberts, Charles) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER
16

NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. Attorney Alan Burch terminated. (Burch, Alan) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
17

MOTION for Leave to File Amicus Curiae Brief by ORGANIZATIONS SERVING IMMIGRANT SURVIVORS OF VIOLENCE (Attachments: # 1 Exhibit A - Brief of Amici Curiae - Proposed, # 2 Corporate Disclosure Statement, # 3 Text of Proposed Order)(Delery, Stuart) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER

~Util - Set/Reset Hearings

Jan. 21, 2020

Jan. 21, 2020

PACER

.Order

Jan. 21, 2020

Jan. 21, 2020

PACER

MINUTE ORDER: Upon consideration of Defendant's motion for an extension of time, Dkt. 13, Plaintiff's opposition, Dkt. 14, and Defendant's reply, Dkt. 15, it is hereby ORDERED that the parties shall appear for a telephonic conference on Friday, January 24, 2020 at 2:30 p.m. The parties should be prepared to discuss whether the government would consent to forego implementing the challenged changes to its form until sixty days after the merits briefing is complete in this matter. It is hereby ORDERED that the parties shall confer with one another about this topic in advance of the telephonic conference. Signed by Judge Randolph D. Moss on 1/21/20. (lcrdm1)

Jan. 21, 2020

Jan. 21, 2020

PACER

Order

Jan. 21, 2020

Jan. 21, 2020

PACER
18

NOTICE of Appearance by David Ari Schnitzer on behalf of ORGANIZATIONS SERVING IMMIGRANT SURVIVORS OF VIOLENCE (Schnitzer, David) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

RECAP
19

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine Marquart, Filing fee $ 100, receipt number ADCDC-6756999. Fee Status: Fee Paid. by ORGANIZATIONS SERVING IMMIGRANT SURVIVORS OF VIOLENCE (Attachments: # 1 Declaration of Katherine Marquart, # 2 Text of Proposed Order)(Delery, Stuart) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
20

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Laura M. Sturges, Filing fee $ 100, receipt number ADCDC-6757007. Fee Status: Fee Paid. by ORGANIZATIONS SERVING IMMIGRANT SURVIVORS OF VIOLENCE (Attachments: # 1 Declaration of Laura M. Sturges, # 2 Text of Proposed Order)(Delery, Stuart) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
21

AMICUS BRIEF to re 11 MOTION for Summary Judgment / Corrected Amicus Brief of Organizations Serving Immigrant Survivors of Violence in Support of Plaintiff's Motion for Summary Judgment filed by ORGANIZATIONS SERVING IMMIGRANT SURVIVORS OF VIOLENCE. (Delery, Stuart) Modified, text and date filed, due to order granting leave to file on 1/22/20 on 1/24/2020 (ztd). (Entered: 01/23/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER

Order on Motion for Leave to File

Jan. 22, 2020

Jan. 22, 2020

PACER

MINUTE ORDER: Upon consideration of Plaintiff's motion for leave to file amicus curiae brief, Dkt. 17, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the amicus curiae brief, Dkt. 17-1, is hereby deemed FILED. Signed by Judge Randolph D. Moss on 1/22/20. (lcrdm1)

Jan. 22, 2020

Jan. 22, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Jan. 23, 2020

Jan. 23, 2020

PACER

.Order

Jan. 23, 2020

Jan. 23, 2020

PACER

MINUTE ORDER: Upon consideration of the pending motions for admission pro hac vice, Dkt. 19 & Dkt. 20, it is hereby ORDERED that the motions are GRANTED. It is further ORDERED that Katherine Marquart and Laura Sturges may appear pro hac vice in this matter as additional counsel of record for amici curiae. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for in structions. Signed by Judge Randolph D. Moss on 1/23/20. (lcrdm1)

Jan. 23, 2020

Jan. 23, 2020

PACER

MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 1/23/20. (lcrdm1)

Jan. 23, 2020

Jan. 23, 2020

PACER

Order

Jan. 23, 2020

Jan. 23, 2020

PACER
22

NOTICE of Appearance by Laura M. Sturges on behalf of ORGANIZATIONS SERVING IMMIGRANT SURVIVORS OF VIOLENCE (Sturges, Laura) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER

Telephone Conference

Jan. 24, 2020

Jan. 24, 2020

PACER

Set/Reset Deadlines

Jan. 24, 2020

Jan. 24, 2020

PACER

Order on Motion for Extension of Time to

Jan. 24, 2020

Jan. 24, 2020

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 1/24/2020. (Court Reporter: Jeff Hook) (zjd)

Jan. 24, 2020

Jan. 24, 2020

PACER

MINUTE ORDER: It is hereby ORDERED that Defendant's motion for extension of time to file a response to Plaintiff's motion for summary judgment and an answer to the amended complaint, Dkt. 13, is hereby GRANTED upon the condition that Defendant shall hold in abeyance all actions at issue in this matter until May 26, 2020. It is further ORDERED that the following schedule shall govern the proceedings in this matter: Defendant shall file its response to Plaintiff's motion for summary judgment, its answer to the amended complaint, and any cross-motion for summary judgment on or before February 18, 2020; Plaintiff shall file its reply in support of its motion for summary judgment and any response to Defendant's cross-motion for summary judgment on or before March 13, 2020; and Defendant shall file its reply in support of any cross-motion for summary judgment on or before March 27, 2020. Signed by Judge Randolph D. Moss on 1/24/20. (lcrdm1)

Jan. 24, 2020

Jan. 24, 2020

PACER
23

NOTICE of Appearance by Katherine Michelle Marquart on behalf of ORGANIZATIONS SERVING IMMIGRANT SURVIVORS OF VIOLENCE (Marquart, Katherine) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER
24

NOTICE OF FILING OF THE CERTIFIED LIST OF THE CONTENTS OF THE ADMINISTRATIVE RECORD by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Attachments: # 1 Certification of List of Contents, # 2 Certified List of Contents)(Roberts, Charles) (Entered: 02/18/2020)

1 Certification of List of Contents

View on PACER

2 Certified List of Contents

View on RECAP

Feb. 18, 2020

Feb. 18, 2020

RECAP
25

MOTION to Dismiss or, in the alternative, for Summary Judgment by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Roberts, Charles). Added MOTION for Summary Judgment on 2/19/2020 (ztd). (Entered: 02/18/2020)

1 Memorandum in Support

View on RECAP

2 Text of Proposed Order

View on PACER

Feb. 18, 2020

Feb. 18, 2020

PACER
26

RESPONSE re 11 MOTION for Summary Judgment filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Text of Proposed Order)(Roberts, Charles) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
27

REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by NORTHWEST IMMIGRANT RIGHTS PROJECT. (Attachments: # 1 Text of Proposed Order)(Smullin, Rebecca) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
28

Memorandum in opposition to re 25 MOTION to Dismiss or, in the alternative, for Summary Judgment MOTION for Summary Judgment filed by NORTHWEST IMMIGRANT RIGHTS PROJECT. (Attachments: # 1 Text of Proposed Order)(Smullin, Rebecca) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
29

Unopposed MOTION for Leave to File Excess Pages by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Attachments: # 1 Text of Proposed Order)(Roberts, Charles) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
30

NOTICE OF SUPPLEMENTAL AUTHORITY by NORTHWEST IMMIGRANT RIGHTS PROJECT (Smullin, Rebecca) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER

Order on Motion for Leave to File Excess Pages

March 26, 2020

March 26, 2020

PACER

MINUTE ORDER: Upon consideration of Defendant's unopposed motion to enlarge page limit, Dkt. 29, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant may file up to fifteen additional pages beyond the normal limit. Signed by Judge Randolph D. Moss on 3/26/2020. (lcrdm1)

March 26, 2020

March 26, 2020

PACER
31

REPLY to opposition to motion re 25 MOTION to Dismiss or, in the alternative, for Summary Judgment MOTION for Summary Judgment filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Roberts, Charles) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
32

RESPONSE re 30 NOTICE OF SUPPLEMENTAL AUTHORITY filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Roberts, Charles) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
33

NOTICE of Filing of Joint Administrative Record Appendix by NORTHWEST IMMIGRANT RIGHTS PROJECT re 11 MOTION for Summary Judgment, 25 MOTION to Dismiss or, in the alternative, for Summary Judgment MOTION for Summary Judgment (Attachments: # 1 Appendix)(Smullin, Rebecca) (Entered: 04/09/2020)

1 Appendix

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April 9, 2020

April 9, 2020

RECAP
34

NOTICE OF SUPPLEMENTAL AUTHORITY by NORTHWEST IMMIGRANT RIGHTS PROJECT (Smullin, Rebecca) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
35

RESPONSE re 34 NOTICE OF SUPPLEMENTAL AUTHORITY filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Roberts, Charles) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER

Case assigned to Judge Ellen S. Huvelle. (zmc)

April 29, 2020

April 29, 2020

PACER

MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice: Upon consideration of the motion to admit Scarlet Kim to appear in this action, pro hac vice, it is hereby ORDERED that the motion is GRANTED. 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 Ellen S. Huvelle on May 5, 2020. (AG)

May 5, 2020

May 5, 2020

PACER

MINUTE ORDER granting 13 Motion for Leave to Appear Pro Hac Vice: Upon consideration of the motion to admit Noor Zafar to appear in this action, pro hac vice, it is hereby ORDERED that the motion is GRANTED. 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 Ellen S. Huvelle on May 5, 2020. (AG)

May 5, 2020

May 5, 2020

PACER

Minute Entry for Telephone Conference proceedings held before Judge Ellen S. Huvelle on 5/5/2020. Scheduling Order forthcoming via Chambers. (Court Reporter: Lisa Griffith) (zgdf)

May 5, 2020

May 5, 2020

PACER

Set/Reset Deadlines: Administrative Record Index due by 5/22/2020. Cross Motions due by 5/22/2020. Response to Cross Motions due by 5/29/2020. Reply to Cross Motions due by 6/8/2020. Responses due by 6/1/2020 Replies due by 6/8/2020. Response to Motion for Summary Judgment due by 5/22/2020. Reply to Motion for Summary Judgment due by 5/29/2020. (zgdf)

May 5, 2020

May 5, 2020

PACER

Set/Reset Deadlines: Surreply due by 6/22/2020. (zgdf)

June 11, 2020

June 11, 2020

PACER

Set/Reset Hearings: Motion Hearing set for 7/14/2020 at 10:30 AM in Telephonic/VTC before Judge Ellen S. Huvelle. (zgdf)

June 27, 2020

June 27, 2020

PACER
36

NOTICE OF SUPPLEMENTAL AUTHORITY by NORTHWEST IMMIGRANT RIGHTS PROJECT (Smullin, Rebecca) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER

MINUTE ORDER Setting Hearing on Motions: It is hereby ORDERED that a hearing on all pending motions, to be conducted by video/teleconference, is set for 7/16/2020 at 02:30 PM before Judge Ellen S. Huvelle. The Courtroom Deputy email counsel with instructions for joining the video/teleconference. Signed by Judge Ellen S. Huvelle on July 8, 2020. (AG)

July 8, 2020

July 8, 2020

PACER

Set/Reset Hearings: Motion Hearing set for 7/16/2020 at 2:30 PM via videoconference before Judge Ellen S. Huvelle. (zgdf)

July 8, 2020

July 8, 2020

PACER
37

RESPONSE re 36 NOTICE OF SUPPLEMENTAL AUTHORITY filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Roberts, Charles) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
38

NOTICE OF SUPPLEMENTAL AUTHORITY by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Roberts, Charles) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER

Minute Entry for Video/Telephonic Motion Hearing proceedings held on 7/16/2020 before Judge Ellen S. Huvelle as to re 4 MOTION for Summary Judgment; 5 MOTION to Certify Class and to Appoint Class Counsel and MOTION to Appoint Lead Counsel; 19 Cross MOTION for Summary Judgment. Oral argument heard and motions taken under advisement. (Court Reporter Lisa Griffith) (zgdf)

July 16, 2020

July 16, 2020

PACER
39

RESPONSE re 38 NOTICE OF SUPPLEMENTAL AUTHORITY filed by NORTHWEST IMMIGRANT RIGHTS PROJECT. (Smullin, Rebecca) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
40

NOTICE of Appearance by Kate Bailey on behalf of All Defendants (Bailey, Kate) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
41

NOTICE OF SUPPLEMENTAL AUTHORITY by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Bailey, Kate) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
42

MOTION to Amend/Correct 9 Amended Complaint and to Supplement by NORTHWEST IMMIGRANT RIGHTS PROJECT (Attachments: # 1 Proposed Second Amended and Supplemental Complaint, # 2 Redline comparison, # 3 Text of Proposed Order)(Smullin, Rebecca) (Entered: 08/21/2020)

1 Proposed Second Amended and Supplemental Complaint

View on PACER

2 Redline comparison

View on PACER

3 Text of Proposed Order

View on PACER

Aug. 21, 2020

Aug. 21, 2020

RECAP

MINUTE ORDER: Upon consideration of Plaintiff's motion to amend and supplement the complaint, Dkt. 42, it is hereby ORDERED that Defendant file a status report on or before August 28, 2020 indicating whether it intends to file a brief in opposition or intends to rest on the recital of its opposition contained in Plaintiff's motion. It is further ORDERED that Plaintiff file a status report on or before August 28, 2020 indicating whether Plaintiff intends to supplement its motion for summary judgment if leave to amend and supplement the complaint is granted and, if Plaintiff does so intend, the date by which Plaintiff proposes to file the supplemented motion for summary judgment. Signed by Judge Randolph D. Moss on 08/26/2020. (lcrdm1)

Aug. 26, 2020

Aug. 26, 2020

PACER

Order

Aug. 26, 2020

Aug. 26, 2020

PACER

~Util - Set/Reset Deadlines AND .Order

Aug. 26, 2020

Aug. 26, 2020

PACER
43

STATUS REPORT by NORTHWEST IMMIGRANT RIGHTS PROJECT. (Smullin, Rebecca) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
44

STATUS REPORT REGARDING DEFENDANT'S POSITION ON PLAINTIFF'S PROPOSED AMENDMENT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Talmor, Kate) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
45

AMENDED COMPLAINT against UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, AYUDA INC, CASA DE MARYLAND INC, DEPARTMENT OF HOMELAND SECURITY, CHAD F. WOLF, KENNETH T. CUCCINELLI filed by NORTHWEST IMMIGRANT RIGHTS PROJECT, AYUDA INC, CASA DE MARYLAND INC.(ztd) (Entered: 09/02/2020)

Aug. 29, 2020

Aug. 29, 2020

Clearinghouse

MINUTE ORDER: Upon consideration of Plaintiff's status report, Dkt. 43, and Defendant's status report, Dkt. 44, it is hereby ORDERED that Plaintiff's motion to file an amended and supplemental complaint, Dkt. 42, is GRANTED. In so deciding, the Court follows Rule 15, which instructs courts to "freely give leave [to amend] when justice so requires." Fed. R. Civ. P. 15(a)(2). Absent reason for denial, including but not limited to "undue delay, bad faith or dilatory motive on the part of the movant," the Court must grant a motion to amend. Foman v. Davis, 371 U.S. 178, 182 (1962). Because Defendant has failed to sufficiently demonstrate any such reason for denial, leave must be "freely given." Id. (internal quotation marks removed). The Court further GRANTS Plaintiff's request to treat the pending cross motions for summary judgment, Dkt. 11 and Dkt. 25, as motions for partial summary judgment on Plaintiff's claims regarding the October 2019 fee-waiver actions. The Court further GRANTS Plaintiff leave to file a supplemental memorandum of no more than 15 pages in support of that motion on or before October 6, 2020. Defendant may file a response to that supplemental memorandum of no more than 15 pages on or before October 16, 2020. The Court further ORDERS that the parties appear telephonically for a status conference on September 1, 2020, at 2:00 p.m. to discuss briefing on Plaintiff's anticipated motion for a preliminary injunction. The Courtroom Deputy Clerk will provide the parties with the teleconference number and access code. Signed by Judge Randolph D. Moss on 08/29/2020. (lcrdm1) Modified on 8/31/2020 to add the word "Minute" in front of "Order" (no order attached). (kt).

Aug. 29, 2020

Aug. 29, 2020

PACER

Order on Motion to Amend/Correct

Aug. 29, 2020

Aug. 29, 2020

PACER

Set/Reset Deadlines/Hearings AND Order on Motion to Amend/Correct

Aug. 29, 2020

Aug. 29, 2020

PACER

MINUTE ORDER: The status conference previously set for September 1, 2020 at 2:00 p.m. is VACATED and RESCHEDULED for September 1, 2020 at 3:00 p.m.. The Courtroom Deputy Clerk will provide the parties with the teleconference number and access code. Signed by Judge Randolph D. Moss on 08/31/2020. (lcrdm1)

Aug. 31, 2020

Aug. 31, 2020

PACER

Order

Aug. 31, 2020

Aug. 31, 2020

PACER

~Util - Set/Reset Hearings AND .Order

Aug. 31, 2020

Aug. 31, 2020

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Status Conference held on 9/1/2020. Plaintiff's Motion for Preliminary Injunction due by 9/8/2020; Defendant's Opposition due by 9/18/2020; Plaintiff's Reply due by 9/23/2020. Administrative Record to be provided to Plaintiff, and index filed with the Court, by 5:00 p.m. on 9/9/2020. The Court grants leave for any amicus briefs to be filed by 9/11/2020. Telephonic Motion Hearing set for 9/24/2020, at 2:00 PM, before Judge Randolph D. Moss. The parties shall utilize the same teleconference number and access code. (Court Reporter: Jeff Hook.) (kt)

Sept. 1, 2020

Sept. 1, 2020

PACER

Status Conference

Sept. 1, 2020

Sept. 1, 2020

PACER

~Util - Set/Reset Deadlines/Hearings AND Status Conference

Sept. 1, 2020

Sept. 1, 2020

PACER
46

REQUEST FOR SUMMONS TO ISSUE re 45 Amended Complaint, filed by CASA DE MARYLAND INC, AYUDA INC, NORTHWEST IMMIGRANT RIGHTS PROJECT. Related document: 45 Amended Complaint, filed by NORTHWEST IMMIGRANT RIGHTS PROJECT, CASA DE MARYLAND INC, AYUDA INC.(Smullin, Rebecca) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
47

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AYUDA INC (Smullin, Rebecca) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
48

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CASA DE MARYLAND INC (Smullin, Rebecca) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
49

SUMMONS (5) Issued Electronically for Amended Complaint as to KENNETH T. CUCCINELLI, DEPARTMENT OF HOMELAND SECURITY, CHAD F. WOLF, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(ztd) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
50

MOTION for Preliminary Injunction, MOTION to Stay and Postpone Effective Date by AYUDA INC, CASA DE MARYLAND INC, NORTHWEST IMMIGRANT RIGHTS PROJECT (Attachments: # 1 Declaration of Jorge L. Baron, # 2 Declaration of Laurie Ball Cooper, # 3 Declaration of George Escobar, # 4 Declaration of Rebecca Smullin (part 1 of 2), # 5 Declaration of Rebecca Smullin (part 2 of 2), # 6 Text of Proposed Order)(Smullin, Rebecca) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

RECAP
51

NOTICE OF FILING OF THE CERTIFIED LIST OF THE CONTENTS OF THE ADMINISTRATIVE RECORD by KENNETH T. CUCCINELLI, DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, CHAD F. WOLF (Attachments: # 1 Certification of List of Contents, # 2 Certified List of Contents)(Roberts, Charles) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
52

AMICUS BRIEF in support of Plaintiffs' Preliminary Injunction Motion by City of New York and 22 other local governments. (Townsend, Jesse) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

Clearinghouse
53

AMICUS BRIEF by CONSTITUTIONAL ACCOUNTABILITY CENTER. (Gorod, Brianne) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
54

NOTICE : STATEMENT OF THE DISTRICT OF COLUMBIA AS AMICUS CURIAE IN SUPPORT OF PLAINTIFFS by DISTRICT OF COLUMBIA (Konopka, Kathleen) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Key Dates

Filing Date: Oct. 31, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Northwest Immigrant Rights Project (“NIRP”) , Ayuda, Inc., and Casa de Maryland, Inc

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security (- United States (national) -), Federal

U.S. Citizenship and Immigration Services (- United States (national) -), Federal

Case Details

Causes of Action:

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

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

National / Universal injunction

Order Duration: 2020 - None

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Immigration/Border:

Admission - procedure