Case: Gonzales & Gonzales Bonds & Insurance Agency, Inc. v. United States Department of Homeland Security

4:20-cv-08897 | U.S. District Court for the Northern District of California

Filed Date: Dec. 14, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 14, 2020, a group of agents and surety companies who post immigration bonds filed a complaint against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services in the U.S. District Court for the Northern District of California. Seeking declaratory and injunctive relief, the suit challenged a Final Rule which mandated exhaustion of administrative remedies by a Treasury-approved surety or its agent when challenging the breach of an immigration bond. In fil…

On December 14, 2020, a group of agents and surety companies who post immigration bonds filed a complaint against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services in the U.S. District Court for the Northern District of California. Seeking declaratory and injunctive relief, the suit challenged a Final Rule which mandated exhaustion of administrative remedies by a Treasury-approved surety or its agent when challenging the breach of an immigration bond. In filing an administrative appeal, sureties and their agents were required to include all defenses to the government’s bond breach declarations, but without the government being required to produce relevant documents and without sufficient time for the surety or agent to discuss the circumstances of the bond breach with the noncitizen. This, the complaint alleged, amounted to a violation of the due process clause. Specifically, the complaint alleged that the Final Rule created an unequal application of the law as cash bond obligors are not required to exhaust their administrative remedies, thereby constituting an equal protection violation. The plaintiffs further claimed that the Rule was in violation of the Administrative Procedure Act (“APA”), both because it was arbitrary and capricious and because it was issued under Acting Secretary Wolf who was not validly appointed. The plaintiffs were represented by private counsel, and the case was assigned to Magistrate Judge Kandis A. Westmore. 

On March 29, 2021, the defendants filed a motion to dismiss alleging the plaintiffs did not have Article III standing as no adverse action had been taken against them under the Final Rule they sought to challenge. The court granted the motion to dismiss on July 13, 2021. In doing so, the court found that the plaintiffs had failed to sufficiently allege an injury-in-fact that satisfied Article III’s standing requirement. 2021 WL 5002220. 

Following the court’s order, the plaintiffs filed an amended complaint on August 3, 2021. The complaint realleged the same claims, but noted that since the Final Rule was promulgated the plaintiffs had filed over a thousand immigration bonds, and DHS had wrongfully declared breaches of a significant number of those bonds. 

On August 21, the defendants again filed a motion to dismiss for still lacking standing. The defendants claimed that the plaintiffs’ claims were still not ripe because they had suffered no injury under the Final Rule and because a ruling in their favor cannot redress their speculative future injury. On October 19, 2021, the court denied the motion to dismiss, finding that the plaintiffs did sufficiently allege an injury and ripeness of their claims this time around. 2021 WL 5002221. 

Following the filing of the administrative record, the plaintiffs filed a motion for summary judgment on May 12, 2022. The plaintiffs did so on grounds that the rule was unlawfully promulgated, specifically because Acting Secretary Wolf lacked authority to issue it. After briefings on the matter, the government also notified the court of a Third Circuit opinion in the case Kajmowicz v. Whitaker (3rd Cir. 2022), which held that where a new and properly appointed agency official ratifies a Rule, the fact that an Acting official may have lacked the authority to initially issue it will not impact a rule’s ultimate lawfulness. Plaintiffs then noted that subsequent ratification in this case cannot cure the issuance of a final rule promulgated by an unauthorized official. 

On August 10, 2022, the court granted the plaintiffs’ motion for summary judgment and entered judgment in favor of the plaintiffs. 2022 WL 4596611. The defendants then appealed this decision to the U.S. Court of Appeals for the Ninth Circuit (22-16552) in October. 

On appeal, the parties began with mediation conferences and filed briefs on the issue. Oral arguments were ultimately scheduled for October 19, 2023. The Ninth Circuit’s final ruling then came down on July 18, 2024 wherein the court reversed the district court’s decision. The court held that the Federal Vacancies Reform Act of 1998 (“FVRA”) did not bar Secretary Mayorkas from ratifying the Final Rule, and that ratification cured any defects in the Rule’s initial promulgation, including Acting Secretary Wolf’s issuance of the Rule. The court, thus, found that the district court erred in granting summary judgment in favor of the plaintiffs and remanded the case to the district court for further proceedings. 107 F.4th 1064. 

Following the Ninth Circuit’s mandate, the parties submitted a case management statement in January 2025 regarding next steps, noting that trial would not be expected. The plaintiffs noted that they were evaluating whether or not to file a Petition for Certiorari. The defendants noted that partial summary judgment ought to be granted in their favor considering the Ninth Circuit’s opinion. 

In a February 2025 case management statement, the plaintiffs stated they would not be filing a Petition for Certiorari. The plaintiffs also noted that they intended to challenge the completeness of the administrative record previously submitted and to seek further discovery on this issue. On March 3, 2025, the court then set a case management conference for June 3, 2025. 

On March 4, the court ordered the parties to meet and confer regarding the administrative record issues, and ordered the defendants to produce a privilege log. On March 6, the defendants filed a motion requesting leave to file a motion seeking reconsideration of the court’s March 4 order to produce the privilege log. 

The case, thus, remains ongoing on remand. 

Summary Authors

Kavitha Babu (3/8/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18742762/parties/gonzales-gonzales-bonds-insurance-agency-inc-v-united-states/


Attorney for Plaintiff

Attorney, Joseph Christopher

Attorney, Gary Nye,

Attorney, David R.

Attorney for Defendant

Attorney, Melissa N.

Expert/Monitor/Master/Other

Counsel, Elizabeth Wydra,

show all people

Documents in the Clearinghouse

Document
1

4:20-cv-08897

Complaint for Declaratory and Injunctive Relief

Gonzales & Gonzales Bonds and Insurance Agency v. United States Department of Homeland Security

Dec. 15, 2020

Dec. 15, 2020

Complaint
33

4:20-cv-08897

Order Granting Motion to Dismiss

July 13, 2021

July 13, 2021

Order/Opinion

2021 WL 5002220

36

4:20-cv-08897

First Amended Complaint

Aug. 3, 2021

Aug. 3, 2021

Complaint
44

4:20-cv-08897

Order Denying Defendants’ Motion to Dismiss the First Amended Complaint

Oct. 19, 2021

Oct. 19, 2021

Order/Opinion

2021 WL 5002221

67

4:20-cv-08897

Order Granting Plaintiffs’ Motion For Summary Judgment

Aug. 10, 2022

Aug. 10, 2022

Order/Opinion

2022 WL 4596611

71

22-16552

Opinion

U.S. Court of Appeals for the Ninth Circuit

July 18, 2024

July 18, 2024

Order/Opinion

107 F.4th 1064

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18742762/gonzales-gonzales-bonds-insurance-agency-inc-v-united-states/

Last updated April 10, 2025, 3 p.m.

ECF Number Description Date Link Date / Link
12

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/9/2021. Initial Case Management Conference set for 3/16/2021 01:30 PM in Oakland, - To be determined. (anjS, COURT STAFF) (Filed on 12/15/2020) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
1

Complaint

Dec. 15, 2020

Dec. 15, 2020

Clearinghouse
2

Proposed Summons

Dec. 15, 2020

Dec. 15, 2020

PACER
3

Proposed Summons

Dec. 15, 2020

Dec. 15, 2020

PACER
4

Proposed Summons

Dec. 15, 2020

Dec. 15, 2020

PACER
5

Proposed Summons

Dec. 15, 2020

Dec. 15, 2020

PACER
6

Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures

Dec. 15, 2020

Dec. 15, 2020

PACER
7

Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures

Dec. 15, 2020

Dec. 15, 2020

PACER
8

Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures

Dec. 15, 2020

Dec. 15, 2020

PACER
9

Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures

Dec. 15, 2020

Dec. 15, 2020

PACER
10

Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures

Dec. 15, 2020

Dec. 15, 2020

PACER

~Util - Case Assigned by Intake

Dec. 15, 2020

Dec. 15, 2020

PACER
13

Certificate of Interested Entities by Allegheny Casualty Company identifying Corporate Parent The Chestnut Group, Inc., Corporate Parent IAT Insurance Group, Inc., Corporate Parent IAT Reinsurance Company Ltd., Corporate Parent Goose Creek Capital, Inc., Other Affiliate Peter Kellogg for Allegheny Casualty Company. (Nye, Gary) (Filed on 12/16/2020) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
14

Certificate of Interested Entities by American Surety Company identifying Corporate Parent Eighth Amendment Holdings, Corporate Parent Paul Longstreth, Other Affiliate Michael Whitlock, Other Affiliate William B Carmichael for American Surety Company. (Nye, Gary) (Filed on 12/16/2020) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
15

Certificate of Interested Entities by Lexington National Insurance Corporation identifying Other Affiliate Phyllis Frank, Other Affiliate Ronald Frank, Other Affiliate Fred W Frank Revocable Trust for Lexington National Insurance Corporation. (Nye, Gary) (Filed on 12/16/2020) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
16

Proposed Summons. (Nye, Gary) (Filed on 12/16/2020) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER

Electronic Filing Error

Dec. 16, 2020

Dec. 16, 2020

PACER

Electronic Filing Error

Dec. 16, 2020

Dec. 16, 2020

PACER

Electronic Filing Error

Dec. 16, 2020

Dec. 16, 2020

PACER

Electronic Filing Error

Dec. 16, 2020

Dec. 16, 2020

PACER

Electronic Filing Error

Dec. 16, 2020

Dec. 16, 2020

PACER

Electronic Filing Error

Dec. 16, 2020

Dec. 16, 2020

PACER
17

Summons Issued as to Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf. (anjS, COURT STAFF) (Filed on 12/17/2020) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER

Electronic Filing Error

Dec. 17, 2020

Dec. 17, 2020

PACER
18

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gonzales & Gonzales Bonds & Insurance Agency, Inc. (Ginsburg, David) (Filed on 12/29/2020) Modified on 12/29/2020 (anjS, COURT STAFF). (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
19

STIPULATION WITH PROPOSED ORDER re 12 Initial Case Management Scheduling Order with ADR Deadlines, 1 Complaint, (Stipulation to Extend Deadline to Respond to the Complaint and to Continue CMC) filed by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf, Gonzales & Gonzales Bonds & Insurance Agency, Inc., Topper Brokerage, Inc., Lexington National Insurance Corporation, American Surety Company, Allegheny Casualty Company. (Attachments: # 1 Declaration)(Mauler, Daniel) (Filed on 2/19/2021) Modified on 2/22/2021 (anjS, COURT STAFF). (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
20

Order by Magistrate Judge Kandis A. Westmore granting 19 Stipulation Extending Deadline and Continuing Case Management Conference. Case Management Statement due by 4/13/2021. Initial Case Management Conference set for 4/20/2021 01:30 PM.(dtmS, COURT STAFF) (Filed on 2/24/2021) (Entered: 02/24/2021)

Feb. 24, 2021

Feb. 24, 2021

PACER
21

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf.. (Mauler, Daniel) (Filed on 3/29/2021) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
22

MOTION to Dismiss for lack of jurisdiction and improper venue filed by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf. Motion Hearing set for 5/20/2021 11:00 AM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. Responses due by 4/12/2021. Replies due by 4/19/2021. (Mauler, Daniel) (Filed on 3/29/2021) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
23

STIPULATION WITH PROPOSED ORDER re 22 MOTION to Dismiss for lack of jurisdiction and improper venue (Joint Stipulation Regarding Proposed Briefing Schedule) filed by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf, Gonzales & Gonzales Bonds and Insurance Agency, Inc., Topper Brokerage, Inc., Allegheny Casualty Company, Lexington National Insurance Corporation; and American Surety Company. (Attachments: # 1 Declaration)(Mauler, Daniel) (Filed on 3/29/2021) Modified on 3/30/2021 (anjS, COURT STAFF). (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER

Electronic filing error. Missing Proposed Order, please refile. A Proposed Order is required in accordance with Local Rule 5-1(g). Re: 22 MOTION to Dismiss for lack of ju risdiction and improper venue filed by Chad F. Wolf, Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security (anjS, COURT STAFF) (Filed on 3/30/2021)

March 30, 2021

March 30, 2021

PACER
24

MOTION to Dismiss for lack of jurisdiction and improper venue; Proposed Order filed by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf. Motion Hearing set for 5/20/2021 11:00 AM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. Responses due by 4/12/2021. Replies due by 4/19/2021. (Attachments: # 1 Proposed Order)(Mauler, Daniel) (Filed on 3/30/2021) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER

Electronic Filing Error

March 30, 2021

March 30, 2021

PACER
25

Order by Magistrate Judge Kandis A. Westmore granting as modified 23 Stipulation Extending Deadline and Continuing Case Management Conference. Case Management Statement due by 7/27/2021. Initial Case Management Conference set for 8/3/2021 01:30 PM.(dtmS, COURT STAFF) (Filed on 4/2/2021) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER

Set/Reset Deadlines as to 24 MOTION to Dismiss . Responses due by 4/26/2021. Replies due by 5/6/2021. Motion Hearing set for 6/17/2021 01:30 PM before Magistrate Judge Kandis A. Westmore. (dtmS, COURT STAFF) (Filed on 4/2/2021)

April 2, 2021

April 2, 2021

PACER
27

CORRECTED Order by Magistrate Judge Kandis A. Westmore granting as modified 23 Stipulation Extending Deadline and Continuing Case Management Conference. Case Management Statement due by 7/27/2021. Initial Case Management Conference set for 8/3/2021 01:30 PM. Signed by Judge Kandis A. Westmore on 4/2/21. (dtmS, COURT STAFF) (Filed on 4/2/2021) (Entered: 04/07/2021)

April 2, 2021

April 2, 2021

PACER

Set Motion and Deadlines/Hearings

April 3, 2021

April 3, 2021

PACER
26

NOTICE of Substitution of Counsel by Leslie Cooper Vigen (Vigen, Leslie) (Filed on 4/6/2021) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

PACER
28

STIPULATION WITH PROPOSED ORDER TO EXTEND THE DEADLINES FOR PLAINTIFFS OPPOSITION AND DEFEDANTS REPLY REGARDING DEFEDANTS MOTION TO DISMISS filed by Gonzales & Gonzales Bonds & Insurance Agency, Inc., Topper Brokerage, Inc., Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf, Allegheny Casualty Company; Lexington National Insurance Corporation, and American Surety Company. (Ginsburg, David) (Filed on 4/23/2021) Modified on 4/26/2021 (anjS, COURT STAFF). (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
29

OPPOSITION/RESPONSE (re 24 MOTION to Dismiss for lack of jurisdiction and improper venue; Proposed Order ) filed byAllegheny Casualty Company, American Surety Company, Gonzales & Gonzales Bonds & Insurance Agency, Inc., Lexington National Insurance Corporation, Topper Brokerage, Inc.. (Ginsburg, David) (Filed on 4/26/2021) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
30

Order by Magistrate Judge Kandis A. Westmore denying as moot 28 Stipulation.(dtmS, COURT STAFF) (Filed on 4/29/2021) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER
31

REPLY (re 24 MOTION to Dismiss for lack of jurisdiction and improper venue; Proposed Order ) filed byKenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Exhibit Ratification of the Final Rule Regarding Surety Bonds)(Vigen, Leslie) (Filed on 5/6/2021) (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

PACER
32

CLERK'S NOTICE VACATING MOTION HEARING. YOU ARE HEREBY NOTIFIED that the hearing re 24 MOTION to Dismiss for lack of jurisdiction and improper venue if VACATED. The motion will be decided on the papers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 6/11/2021) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER

Clerk's Notice

June 11, 2021

June 11, 2021

PACER
33

ORDER by Judge Kandis A. Westmore Granting 24 Motion to Dismiss. Amended Pleadings due by 8/3/2021. (amgS, COURT STAFF) (Filed on 7/13/2021) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
34

CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Notice is hereby given that the initial case management conference previously scheduled for 8/3/2021 at 1:30 p.m. is continued to 10/19/2021 at 1:30 p.m. An updated joint case management statement is due by 10/12/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) Joint Case Management Statement due by 10/12/2021. Initial Case Management Conference set for 10/19/2021 01:30 PM in Oakland, - To be determined. (amgS, COURT STAFF) (Filed on 7/13/2021) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
35

NOTICE of Substitution of Counsel by Christopher David Edelman (Edelman, Christopher) (Filed on 7/13/2021) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER

Clerk's Notice

July 13, 2021

July 13, 2021

PACER
36

FIRST AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filed by Gonzales & Gonzales Bonds & Insurance Agency, Inc.. (Ginsburg, David) (Filed on 8/3/2021) Modified on 8/3/2021 (gbaS, COURT STAFF). (Entered: 08/03/2021)

Aug. 3, 2021

Aug. 3, 2021

PACER
37

JOINT STIPULATION WITH PROPOSED ORDER to Extend the Deadlines Regarding Defendants' Motion to Dismiss and the Deadlines Regarding the Initial Case Management Conference filed by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Declaration in Support of Joint Stipulation and Proposed Order to Extend Deadlines)(Edelman, Christopher) (Filed on 8/16/2021) Modified on 8/17/2021 (gbaS, COURT STAFF). (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
38

ORDER by Judge Kandis A. Westmore granting as modified 37 Stipulation to Extend the Deadlines Regarding Defendants' Motion to Dismiss and the Deadlines Regarding the Initial Case Management Conference. Joint Case Management Statement due by 1/4/2022. Motions due by 8/24/2021. Replies due by 9/24/2021. Responses due by 9/14/2021. Initial Case Management Conference set for 1/11/2022 01:30 PM in Oakland, - To be determined. Motion Hearing set for 10/7/2021 01:30 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 8/19/2021) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
39

MOTION to Dismiss for Lack of Jurisdiction, Improper Venue, and Failure to State a Claim filed by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf. Motion Hearing set for 10/7/2021 01:30 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. Responses due by 9/14/2021. Replies due by 9/24/2021. (Attachments: # 1 Exhibit A - Gellert Declaration, # 2 Exhibit B - Blackwell Declaration, # 3 Proposed Order)(Edelman, Christopher) (Filed on 8/24/2021) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
40

ORDER REQUIRING CHAMBERS COPIES. Pursuant to General Order 78, the courtesy copy requirement in the local rules is suspended pending further notice, unless a judge orders otherwise in a specific case. Accordingly, the filing party shall lodge a chambers copy of 39] MOTION to Dismiss, and all related documents and tabbed exhibits, if applicable, within 7 days of this order. The chambers copy must comply with Para. 5 of the undersigned's standing order, available at: https://cand.uscourts.gov/kaw-standing-order_-general-rev07152021/ Additionally, the parties shall lodge chambers copies of all briefing pertaining to this pending motion within 3 days of filing. Signed by Judge Kandis A. Westmore on 8/25/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kawlc1, COURT STAFF) (Filed on 8/25/2021) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER

Order

Aug. 25, 2021

Aug. 25, 2021

PACER
41

OPPOSITION/RESPONSE (re 39 MOTION to Dismiss for Lack of Jurisdiction, Improper Venue, and Failure to State a Claim ) filed byAllegheny Casualty Company, American Surety Company, Gonzales & Gonzales Bonds & Insurance Agency, Inc., Lexington National Insurance Corporation, Topper Brokerage, Inc.. (Ginsburg, David) (Filed on 9/14/2021) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
42

REPLY (re 39 MOTION to Dismiss for Lack of Jurisdiction, Improper Venue, and Failure to State a Claim ) filed byKenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf. (Edelman, Christopher) (Filed on 9/24/2021) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER
43

CLERK'S NOTICE: Hearing on motion to dismiss 39 set for 10/7/2021 at 1:30 p.m. is vacated. Court finds that the matter is appropriate for resolution without oral argument pursuant to Civil Local Rule 7-1(b). (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Filed on 10/6/2021) (Entered: 10/06/2021)

Oct. 6, 2021

Oct. 6, 2021

PACER

Clerk's Notice

Oct. 6, 2021

Oct. 6, 2021

PACER
44

ORDER by Magistrate Judge Kandis A. Westmore Denying 39 DEFENDANTS' MOTION TO DISMISS THE FIRST AMENDED COMPLAINT.(amgS, COURT STAFF) (Filed on 10/19/2021) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER
45

NOTICE of Appearance by James C. Luh (Luh, James) (Filed on 10/25/2021) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER
46

STIPULATION WITH PROPOSED ORDER re 36 Amended Complaint, 44 Order on Motion to Dismiss (Stipulation and Proposed Order to Extend Time to File Answer to Complaint) filed by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Attestation, # 2 Proposed Order, # 3 Declaration)(Luh, James) (Filed on 10/26/2021) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
47

Order by Magistrate Judge Kandis A. Westmore granting 46 Stipulation to Extend Time to File Answer to Plaintiff's First Amended Complaint. Answer due 11/18/2021. (wft, COURT STAFF) (Filed on 10/29/2021) (Entered: 10/29/2021)

Oct. 29, 2021

Oct. 29, 2021

PACER
48

ANSWER to Amended Complaint by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf. (Luh, James) (Filed on 11/18/2021) Modified on 11/19/2021 (kmg, COURT STAFF). (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

PACER
49

NOTICE of Change of Address by David Ryan Ginsburg (Ginsburg, David) (Filed on 12/15/2021) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER
50

JOINT CASE MANAGEMENT STATEMENT filed by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf. (Edelman, Christopher) (Filed on 1/4/2022) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER
51

CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE: Notice is hereby given that the initial case management conference previously scheduled for 1/11/2022 is continued to 4/5/2022. An updated joint case management statement is due by 3/29/2022. Parties are instructed to file a stipulation and proposed order to address their agreement regarding the production of the administrative record. (This is a text-only entry generated by the court. There is no document associated with this entry.), Updated Joint Case Management Statement due by 3/29/2022. Initial Case Management Conference set for 4/5/2022 01:30 PM in Oakland, - To be determined. (wft, COURT STAFF) (Filed on 1/5/2022) Modified on 1/5/2022 (wft, COURT STAFF). (Entered: 01/05/2022)

Jan. 5, 2022

Jan. 5, 2022

PACER

Set Deadlines/Hearings: Initial Case Management Conference set for 4/5/2022 01:30 PM in Oakland, - Videoconference Only. (wft, COURT STAFF) (Filed on 1/5/2022)

Jan. 5, 2022

Jan. 5, 2022

PACER

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

Jan. 5, 2022

Jan. 5, 2022

PACER

Set Deadlines/Hearings

Jan. 5, 2022

Jan. 5, 2022

PACER
52

STIPULATION WITH PROPOSED ORDER re Filing of the Administrative Record filed by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Declaration, # 2 Proposed Order)(Edelman, Christopher) (Filed on 1/14/2022) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
53

Order by Magistrate Judge Kandis A. Westmore granting 52 Stipulation re: Filing of the Administrative Record. (wft, COURT STAFF) (Filed on 1/18/2022) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

PACER
54

NOTICE Of Filing Administrative Record by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf of Filing of Administrative Record (Attachments: # 1 Certificate/Proof of Service Certification of Administrative Record, # 2 AR_00000001 - AR_00000463, # 3 AR_00000464 - AR_00000984, # 4 AR_00000985 - AR_00001718, # 5 AR_00001719 - AR_00002053)(Edelman, Christopher) (Filed on 1/28/2022) Modified on 1/28/2022 (kmg, COURT STAFF). (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
55

CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Notice is hereby given that the initial case management conference previously scheduled for 4/5/2022 at 1:30PM is continued to 5/3/2022 01:30 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar. A joint case management statement is due by 4/26/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Order 58. Persons granted access to court proce edings 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/. Joint Case Management Statement due by 4/26/2022. Initial Case Management Conference set for 5/3/2022 01:30 PM in Oakland, - Videoconferen ce Only. (wft, COURT STAFF) (Filed on 3/4/2022) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER

~Util - Teleconference Zoom AND Clerk's Notice

March 4, 2022

March 4, 2022

PACER
56

NOTICE by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf re 54 Notice (Other),, Notice of Filing Administrative Record Index (Attachments: # 1 Administrative Record Index)(Edelman, Christopher) (Filed on 3/12/2022) (Entered: 03/12/2022)

March 12, 2022

March 12, 2022

PACER
57

JOINT CASE MANAGEMENT STATEMENT FURTHER filed by Gonzales & Gonzales Bonds & Insurance Agency, Inc.. (Ginsburg, David) (Filed on 4/26/2022) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
58

Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Initial Case Management Conference held on 5/3/2022. Plaintiffs' motion for summary judgment on the appointments issue to be filed by 5/12/2022. Defendants' opposition due by 6/13/2022. Plaintiffs' reply due by 6/27/2022. Motion for summary judgment hearing specially set for 7/28/2022 01:00 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. Total Time in Court: 20 minutes. Recorded Via Zoom: 1:31pm - 1:51pm. (wft, COURT STAFF) (Date Filed: 5/3/2022) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

PACER
59

MOTION for Summary Judgment filed by Gonzales & Gonzales Bonds & Insurance Agency, Inc.. Motion Hearing set for 7/28/2022 01:00 PM before Magistrate Judge Kandis A. Westmore. Responses due by 5/26/2022. Replies due by 6/2/2022. (Attachments: # 1 Declaration of David Ginsburg in Support of Plaintiffs Motion for Summary Judgment, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Proposed Order Granting Plaintiffs Motion for Summary Judgment) (Ginsburg, David) (Filed on 5/12/2022) Modified on 5/13/2022 (gba, COURT STAFF). (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
60

ORDER REGARDING UNUSABLE CHAMBERS COPIES re 59 -1, Signed by Judge Kandis A. Westmore on 5/17/2022. (wft, COURT STAFF) (Filed on 5/17/2022) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
61

OPPOSITION/RESPONSE (re 59 MOTION for Summary Judgment ) (Defendants' Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment) filed byKenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Declaration of Juliana Blackwell)(Luh, James) (Filed on 6/13/2022) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
62

REPLY (re 59 MOTION for Summary Judgment ) filed byAllegheny Casualty Company, American Surety Company, Gonzales & Gonzales Bonds & Insurance Agency, Inc., Lexington National Insurance Corporation, Topper Brokerage, Inc.. (Ginsburg, David) (Filed on 6/27/2022) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

PACER
63

ORDER requiring the parties to email Word (.docx) versions of their moving papers for Defendants' 61 Opposition to Motion for Summary Judgment, Plaintiffs' 62 Reply to KAWpo@cand.uscourts.gov on or before 7/8/2022. Signed by Judge Kandis A. Westmore on 7/5/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kawlc1, COURT STAFF) (Filed on 7/5/2022) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER

Order

July 5, 2022

July 5, 2022

PACER
64

AUDIO RECORDINGS ORDER (re: 58 Case Management Conference - Initial,,, Set Motion and Deadlines/Hearings,, ), by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf. Court will send to James Luh at James.Luh@usdoj.gov a link to the files requested in this order. Fee waived because filer is USAO, FPD or CJA counsel on this case. (Luh, James) (Filed on 7/18/2022) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER

Audio Recordings of Court Proceedings

July 18, 2022

July 18, 2022

PACER
65

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d (Defendants' Statement of Recent Decision) filed byKenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Kajmowicz v. Whitaker, No. 21-2434 (3d Cir. July 21, 2022))(Related document(s) 59 ) (Luh, James) (Filed on 7/21/2022) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
66

CLERK'S NOTICE: You are hereby notified that the hearing previously set for 7/28/2022 at 1:00pm re: 59 Motion for Summary Judgment is vacated. Court finds that the matter is appropriate for resolution without oral argument pursuant to Civil Local Rule 7-1(b). (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Filed on 7/26/2022) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER

Clerk's Notice

July 26, 2022

July 26, 2022

PACER
67

ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT re 59 by Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 8/10/2022) (Entered: 08/10/2022)

Aug. 10, 2022

Aug. 10, 2022

PACER
68

JUDGMENT, signed by Judge Kandis A. Westmore on 8/11/2022. ***Civil Case Terminated. (wft, COURT STAFF) (Filed on 8/11/2022) (Entered: 08/11/2022)

Aug. 11, 2022

Aug. 11, 2022

PACER
69

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security, Chad F. Wolf. (Appeal fee FEE WAIVED.) (Edelman, Christopher) (Filed on 10/7/2022) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
70

USCA Case Number 22-16552 for 69 Notice of Appeal to the Ninth Circuit, filed by Chad F. Wolf, Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security. (gba, COURT STAFF) (Filed on 10/11/2022) (Entered: 10/12/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
71

USCA Opinion as to 69 Notice of Appeal to the Ninth Circuit, filed by Chad F. Wolf, Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security (mbc, COURT STAFF) (Filed on 7/18/2024) (Entered: 07/18/2024)

July 18, 2024

July 18, 2024

PACER
72

MANDATE of USCA as to 69 Notice of Appeal to the Ninth Circuit, filed by Chad F. Wolf, Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, United States Department of Homeland Security. (gba, COURT STAFF) (Filed on 11/5/2024) (Entered: 11/05/2024)

Nov. 5, 2024

Nov. 5, 2024

PACER
73

CLERK'S NOTICE SETTING FURTHER CASE MANAGEMENT CONFERENCE: Joint Case Management Statement due by 1/7/2025. Further Case Management Conference set for 1/14/2025 01:30 PM in Oakland, 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/kaw 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/ (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Filed on 11/7/2024) (Entered: 11/07/2024)

Nov. 7, 2024

Nov. 7, 2024

PACER

Clerk's Notice

Nov. 7, 2024

Nov. 7, 2024

PACER
74

JOINT CASE MANAGEMENT STATEMENT FURTHER filed by Gonzales & Gonzales Bonds & Insurance Agency, Inc.. (Ginsburg, David) (Filed on 1/7/2025) (Entered: 01/07/2025)

Jan. 7, 2025

Jan. 7, 2025

PACER
75

CLERKS NOTICE CONTINUING FURTHER CASE MGMT CONFERENCE AND SETTING ZOOM HEARING. Further Case Management Conference set for 1/14/2025 IS CONTINUED TO 3/4/2025 01:30 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar. Updated Case Management Statement due by 2/25/2025. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 1/9/2025) (Entered: 01/09/2025)

Jan. 9, 2025

Jan. 9, 2025

PACER

Clerk's Notice Setting Zoom Hearing

Jan. 9, 2025

Jan. 9, 2025

PACER
76

JOINT CASE MANAGEMENT STATEMENT FURTHER filed by Gonzales & Gonzales Bonds & Insurance Agency, Inc.. (Ginsburg, David) (Filed on 2/25/2025) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

PACER

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: Dec. 14, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A group of bond agents and surety companies who post immigration bonds.

Public Interest Lawyer: No

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.

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Immigration/Border:

Deportation - procedure

Detention - procedures