Case: Galvez v. Jaddou

2:19-cv-00321 | U.S. District Court for the Western District of Washington

Filed Date: March 5, 2019

Closed Date: Sept. 5, 2024

Clearinghouse coding complete

Case Summary

On March 5, 2019, plaintiffs—immigrant youth under the age of 21 who applied for Special Immigrant Juvenile status (“SIJ”)—filed a class action lawsuit in the Western District of Washington on behalf of themselves and those similarly situated to challenge the Trump Administration’s policy of refusing to adjudicate their SIJ petitions in accordance with the Immigration and Nationality Act (“INA”). The complaint was filed on behalf of the following proposed class:  “All individuals who have been …

On March 5, 2019, plaintiffs—immigrant youth under the age of 21 who applied for Special Immigrant Juvenile status (“SIJ”)—filed a class action lawsuit in the Western District of Washington on behalf of themselves and those similarly situated to challenge the Trump Administration’s policy of refusing to adjudicate their SIJ petitions in accordance with the Immigration and Nationality Act (“INA”). The complaint was filed on behalf of the following proposed class: 

“All individuals who have been issued predicate SIJS orders by Washington state courts after turning eighteen years old but prior to turning twenty-one years old, and have submitted or will submit SIJS petitions to USCIS prior to turning twenty-one years old.” 

Filed against the U.S. Department of Homeland Security (“DHS”), U.S. Citizenship and Immigration Services (“USCIS”), and their respective directors, the complaint alleged that USCIS began denying SIJ applications unless petitioners could show that a state court had the power to return the youth to the custody of their parents. This resulted in USCIS denying petitions to applicants after turning 18 but before the age of 21.  USCIS also delayed the adjudications of numerous applications. These actions, the complaint claimed, were in violation of the INA’s text. Plaintiffs, thus, sought declaratory and injunctive relief to enjoin this unlawful agency action under the Administrative Procedure Act (“APA”). Plaintiffs also alleged, under the APA, that the agency action was arbitrary and capricious; that the new policy was promulgated without notice-and-comment rulemaking; and that action could not be unreasonably delayed beyond the 180 day statutory deadline. Due to the defendant’s duty to adjudicate applications without unreasonable delay, the plaintiffs further sought a writ of mandamus to compel a federal official or agency to adjudicate SIJ applications. The plaintiffs were represented by the Northwest Immigrant Rights Project. The case was assigned to Judge Robert S. Lasnik. 

The plaintiffs filed a motion to certify the class and a motion for a preliminary injunction that same day. The State of Washington filed an amicus brief in support of the plaintiffs on March 25, 2019. On July 17, 2019, the court certified the class. 2019 WL 3219418. The court also granted the motion for preliminary injunction. The court ordered the defendants to adjudicate outstanding SIJ petitions and to readjudicate cases that were denied on grounds that state courts did not have jurisdiction to “reunify” an immigrant with their parents. 387 F.Supp.3d 1208. 

Following the court’s preliminary injunction order, the defendants filed a motion for reconsideration of the judgment on August 7, 2019. Subsequently on August 22, the defendants also requested that certain portions of the preliminary injunction be stayed. However, on August 23, the court denied the motion for reconsideration, citing that the defendants offered no new facts or legal authority that would justify reconsideration. 2019 WL 3996850. 

Given the court’s unwillingness to reconsider the order, the defendants then appealed the preliminary injunction to the Ninth Circuit (No. 19-35884) on October 22, 2019. However, on February 28, 2020, the defendants filed an unopposed motion to dismiss the appeal, which was then granted on March 4, 2020. 

Back in district court, the plaintiffs then filed a motion for summary judgment on May 1, 2020, which included a request for permanent injunctive relief. The court granted summary judgment on October 5, finding that the reunification requirement was arbitrary and capricious and that the delays in adjudication were plainly unlawful as Congress unambiguously intended the adjudication to be expeditious, providing a clear and mandatory deadline of 180 days. The court also entered a permanent injunction, specifically with regard to adjudication timelines. The court ordered the defendants to adjudicate any SIJ petitions based on a Washington state court order within 180 days of the date that the application was filed by the petitioner. The injunction, though, permitted SIJ petitioners to “toll” the deadline to respond to a request for evidence. 492 F.Supp.3d 1169. 

A month later, the defendants appealed this order to the Ninth Circuit as well (20-36052). Following motions to extend the time to file their briefings, the defendants filed their opening brief on July 20, 2021, to which the plaintiffs responded on September 20. Oral arguments were then scheduled for March 9, 2022. Prior to this, though, the defendants submitted a letter to the court to notify that USCIS anticipated a final rule implicating Special Immigrant Juvenile (SIJ) petitions would be issued in the near future, potentially before oral arguments. Following oral arguments on March 9, the court requested the parties to submit supplemental briefs on the impact of the U.S. Supreme Court’s decision in Garland v. Aleman Gonzalez,142 S. Ct. 2057 (2022), which held that injunctive relief was precluded for certain provisions of the INA. 

The Ninth Circuit entered judgment on November 3, 2022, affirming in part and vacating in part the district court’s opinion. The Ninth Circuit determined that the district court had jurisdiction to enter a permanent injunction, despite the Supreme Court’s ruling in Aleman Gonzalez, noting that the provision of the INA implicated in this case was not one that precluded injunctive relief. However, the court did find that the district court abused its discretion when permitting each and every SIJ petitioner to “toll” indefinitely Congress’s timeline for adjudicating SIJ petitions. According to the Ninth Circuit panel, the tolling provisions of the injunction were not narrowly tailored to remedy the harm and did not contemplate USCIS’s relevant regulations. As such, this portion of the injunction was vacated. 52 F.4th 821. 

Following the Ninth Circuit’s official mandate on February 10, 2023, the parties were ordered to submit a joint status report prior to July, proposing amendments to the permanent injunction consistent with the Ninth Circuit's order. Following the parties’ submission of the joint status report, a hearing was held on September 21, 2023. 

An amended permanent injunction was then entered by the district court on September 22, and stated as follows: 

“Defendants must adjudicate any SIJ petitions based on a Washington state court order within 180 days of the date that the application is filed by the petitioner… This timeline is inclusive of any requests for additional evidence or notices of intent to deny that USCIS may issue to a petitioner. USCIS must provide SIJ petitioners with sufficient time prior to the expiration of the 180 days to respond to the request/notice in an effort to complete final adjudication of the SIJ petition in a timely manner. USCIS may not use the issuance of a request for information or notice of intent to deny for the sole purpose of avoiding the statutory deadline for adjudication of an SIJ petition.” 

Plaintiffs then filed a motion for attorney’s fees and costs on December 14, 2023. Briefing deadlines on the matter were extended on multiple occasions as settlement negotiations on the matter continued. On May 22, 2024, the court preliminarily approved the settlement agreement and scheduled a final approval hearing on the matter for September. On September 5, 2024, the final settlement agreement was approved, whereby the defendants agreed to pay the plaintiffs $400,000. 

The case is now considered closed. 

Summary Authors

Kavitha Babu (3/18/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14612761/parties/galvez-v-jaddou/


Judge(s)
Attorney for Plaintiff

Adams, Matt (Washington)

Casey, Meghan E (Washington)

Kang, Leila (Washington)

Attorney for Defendant

Attorney, Matt Waldrop,

Attorney, Katelyn Masetta-Alvarez,

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
1

2:19-cv-00321

Complaint - Class Action for Injunctive and Declaratory Relief

Galvez v. Cissna

March 5, 2019

March 5, 2019

Complaint
22-1

2:19-cv-00321

Brief of Amicus Curiae State of Washington in Support of Plaintiffs’ Motion for Preliminary Injunction

March 25, 2019

March 25, 2019

Pleading / Motion / Brief
42

2:19-cv-00321

Order Granting Plaintiffs’ Motion for Preliminary Injunction

July 17, 2019

July 17, 2019

Order/Opinion
41

2:19-cv-00321

Order Granting Plaintiffs’ Motion for Class Certification

July 17, 2019

July 17, 2019

Order/Opinion
52

2:19-cv-00321

Order Regarding Defendants’ Motion for Reconsideration

Aug. 23, 2019

Aug. 23, 2019

Order/Opinion
76

2:19-cv-00321

Order Granting Plaintiffs’ Motion for Summary Judgment and Permanent Injunction

Oct. 5, 2020

Oct. 5, 2020

Order/Opinion
72-1

20-36052

Opinion

U.S. Court of Appeals for the Ninth Circuit

Nov. 3, 2022

Nov. 3, 2022

Order/Opinion

52 F.4th 821

99

2:19-cv-00321

Amended Permanent Injunction

Sept. 22, 2023

Sept. 22, 2023

Order/Opinion
124

2:19-cv-00321

Order Granting Joint Motion for Final Approval of Settlement Agreement

Sept. 5, 2024

Sept. 5, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14612761/galvez-v-jaddou/

Last updated April 18, 2025, 9:40 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Receipt # 0981-5675744), filed by Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos, Leobardo Moreno Galvez. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Kang, Leila) (Entered: 03/05/2019)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

4 Summons

View on PACER

5 Summons

View on PACER

6 Summons

View on PACER

March 5, 2019

March 5, 2019

Clearinghouse
2

MOTION to Certify Class, filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 3/29/2019, (Kang, Leila) (Entered: 03/05/2019)

1 Proposed Order

View on PACER

March 5, 2019

March 5, 2019

RECAP
3

MOTION for Preliminary Injunction, filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 3/29/2019, (Kang, Leila) (Entered: 03/05/2019)

1 Proposed Order

View on PACER

March 5, 2019

March 5, 2019

RECAP
4

DECLARATION of Sydney Maltese filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Kang, Leila) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
5

DECLARATION of Leobardo Moreno Galvez filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Kang, Leila) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
6

DECLARATION of Jose Luis Vicente Ramos filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Kang, Leila) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
7

DECLARATION of Angel de Jesus Munoz Olivera filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Kang, Leila) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
8

DECLARATION of Matt Adams filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 2 MOTION to Certify Class (Kang, Leila) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
9

DECLARATION of Meghan Casey filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Kang, Leila) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
10

DECLARATION of Ann Wennerstrom filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Kang, Leila) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
11

DECLARATION of Hannah Stone filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Attachments: # 1 Exhibit A)(Kang, Leila) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
12

DECLARATION of Erin Lovell filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Kang, Leila) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
13

CERTIFICATE OF SERVICE by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 4 Declaration, 8 Declaration, 6 Declaration, 3 MOTION for Preliminary Injunction, 7 Declaration, 10 Declaration, 2 MOTION to Certify Class, 12 Declaration, 5 Declaration, 11 Declaration, 9 Declaration, 1 Complaint, (Kang, Leila) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
14

DECLARATION of Janet Gwilym filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Kang, Leila) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER

Add and Terminate Judges

March 6, 2019

March 6, 2019

PACER

Judge Robert S. Lasnik added. (SNP)

March 6, 2019

March 6, 2019

PACER
15

Summons(es) Electronically Issued as to defendant(s) Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(SNP) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER
16

NOTICE of Appearance by attorney Matt Waldrop on behalf of Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Waldrop, Matt) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

PACER
17

STIPULATION AND PROPOSED ORDER to Renote Pending Motion for Preliminary Injunction and Motion for Class Certification by parties (Waldrop, Matt) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

PACER
18

MOTION for Leave to File Over-length Motions and Briefs in Response to Petitioner-Plaintiffs' Motion for Preliminary Injunction, filed by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order) Noting Date 3/18/2019, (Waldrop, Matt) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

PACER
19

ORDER granting respondent-defendants' 18 Motion for Leave to File Over-length Motions and Briefs, signed by Judge Robert S. Lasnik. (SWT)

March 19, 2019

March 19, 2019

RECAP
20

STIPULATION AND ORDER to renote pending motions re parties' 17 Stipulation: RENOTING petitioner-plaintiffs' 3 MOTION for Preliminary Injunction and 2 MOTION to Certify Class to 4/5/2019, by Judge Robert S. Lasnik. (SWT)

March 20, 2019

March 20, 2019

RECAP
21

NOTICE of Appearance by attorney Chalia I. Stallings-Ala'ilima on behalf of Amicus State of Washington. (Stallings-Ala'ilima, Chalia) (Entered: 03/25/2019)

March 25, 2019

March 25, 2019

PACER
22

MOTION for Leave to File Amicus Brief in Support of Plaintiffs' Motion for Preliminary Injunction, filed by Amicus State of Washington. (Attachments: # 1 Amicus Brief, # 2 Proposed Order) Noting Date 4/5/2019, (Stallings-Ala'ilima, Chalia) (Entered: 03/25/2019)

1

View on Clearinghouse

March 25, 2019

March 25, 2019

PACER
23

Stipulated MOTION to Seal, filed by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order) Noting Date 4/1/2019, (Waldrop, Matt) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

PACER
24

RESPONSE, by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security, to 2 MOTION to Certify Class . (Waldrop, Matt) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

RECAP
25

RESPONSE, by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security, to 3 MOTION for Preliminary Injunction . (Waldrop, Matt) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

RECAP
26

DECLARATION of Michael Valverde filed by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Waldrop, Matt) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

PACER
27

DECLARATION of Peter L. Rosenstock filed by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Attachments: # 1 Exhibit Galvez State Court Orders, # 2 Exhibit Galvez SIJ Petition, # 3 Exhibit Galvez SIJ Petition Decision, # 4 Exhibit, # 5 Exhibit Ramos Notice to Appear, # 6 Exhibit Ramos Notice to EOIR, # 7 Exhibit Ramos I-213, # 8 Exhibit Ramos Immigration Custody Order, # 9 Exhibit Ramos State Court Orders, # 10 Exhibit Ramos SIJ Petition, # 11 Exhibit Ramos SIJ Petition Decision, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit Olivera's Notice to Appear, # 15 Exhibit Olivera's Immigration Custody Order, # 16 Exhibit Olivera State Court Orders, # 17 Exhibit Olivera SIJ Petition, # 18 Exhibit Olivera Form I-94)(Waldrop, Matt) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

PACER
28

SEALED DOCUMENT by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security re 23 Stipulated MOTION to Seal, 27 Declaration,,, (Attachments: # 1 Exhibit Ramos Report of Deportable/Inadmissible Alien, # 2 Exhibit Ramos Report of Deportable/Inadmissible Alien, # 3 Exhibit Olivera's Report of Deportable/Inadmissible Alien, # 4 Exhibit Olivera's Record of Determination/Credible Fear Worksheet)(Waldrop, Matt) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

PACER
29

ORDER granting parties' 23 Stipulated Motion to Seal. Signed by Judge Robert S. Lasnik. (SWT)

April 2, 2019

April 2, 2019

RECAP
30

REPLY, filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos, TO RESPONSE to 2 MOTION to Certify Class (Kang, Leila) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

RECAP
31

REPLY, filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos, TO RESPONSE to 3 MOTION for Preliminary Injunction (Korthuis, Aaron) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER
32

ORDER granting State of Washington's 22 Motion for Leave to File Amicus Brief. Signed by Judge Robert S. Lasnik. (SWT)

April 11, 2019

April 11, 2019

RECAP
33

MOTION for Leave to File Response to Washington's Amicus Brief, filed by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order) Noting Date 4/15/2019, (Waldrop, Matt) (Entered: 04/15/2019)

1 Proposed Order

View on PACER

April 15, 2019

April 15, 2019

PACER
34

ORDER granting parties' 33 Stipulated Motion for Leave to File Response to State of Washington's Amicus Brief. Defendants may file a response to Washington's amicus brief on or before 4/22/2019. Signed by Judge Robert S. Lasnik. (SWT)

April 16, 2019

April 16, 2019

RECAP
35

RESPONSE to Washington's Amicus Brief by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security re State of Washington's Amicus Brief, Dkt. 22 -1 (Waldrop, Matt) Modified on 4/22/2019 to create docket entry relationship (SWT). (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

RECAP
36

ACCEPTANCE OF SERVICE of Summons and Complaint by Counsel Matt Waldrop, on behalf of Robert M. Cowan, on 3/5/2019. (Waldrop, Matt) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

PACER
37

AFFIDAVIT of Mailing of Summons and Complaint to Lee Francis Cissna, Kirstjen Nielsen, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, U.S. Department of Justice, U.S. Attorney's Office on 3/5/2019, filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos. (Adams, Matt) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

PACER
38

NOTICE of Supplemental Authority re 3 MOTION for Preliminary Injunction by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos (Kang, Leila) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

RECAP
39

MINUTE ORDER Setting Hearing on 2 MOTION to Certify Class and 3 MOTION for Preliminary Injunction : Motion Hearing set for 7/16/2019 at 1:30 PM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) (Entered: 07/08/2019)

July 8, 2019

July 8, 2019

PACER
40

MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: Matt Adams, Leila Kang, Aaron Korthuis, Meghan Casey, Olivia Gibbons, Tim Warden-Hertz; Def Counsel: Matt Waldrop; CR: Nancy Bauer; Time of Hearing: 1:30 p.m.; Courtroom: 15106; Motion Hearing held on 7/16/2019 re 3 MOTION for Preliminary Injunction filed by Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos, Leobardo Moreno Galvez, 2 MOTION to Certify Class filed by Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos, Leobardo Moreno Galvez. After hearing the arguments of counsel, the Court GRANTS the motions. An Order shall issue. (KERR) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER

Motion Hearing

July 16, 2019

July 16, 2019

PACER
41

ORDER granting Plaintiffs' 2 Motion to Certify Class. Signed by Judge Robert S. Lasnik.(MW)

July 17, 2019

July 17, 2019

Clearinghouse
42

ORDER granting Plaintiffs' 3 Motion for Preliminary Injunction. Signed by Judge Robert S. Lasnik.(MW)

July 17, 2019

July 17, 2019

Clearinghouse
43

MINUTE ORDER Telephone Conference set for 7/31/2019 at 11:30 AM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
44

MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: Leila Kang, Aaron Korthuis; Def Counsel: Matt Waldrop; CR: Nickie Drury; Time of Hearing: 11:30 a.m.; Courtroom: 15106; Telephone Conference held on 7/31/2019. The Court hears from the parties re: defendants' request for extension of time to file a motion for reconsideration. For reasons stated on the record, the Court grants the request and extends the deadline to Wednesday, August 7, 2019. (KERR) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER

Telephone Conference

July 31, 2019

July 31, 2019

PACER
45

MOTION for Reconsideration re 42 Order on Motion for Preliminary Injunction, filed by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order) Noting Date 8/7/2019, (Waldrop, Matt) (Entered: 08/07/2019)

Aug. 7, 2019

Aug. 7, 2019

PACER
46

DECLARATION of Michael Valverde filed by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security re 45 MOTION for Reconsideration re 42 Order on Motion for Preliminary Injunction (Waldrop, Matt) (Entered: 08/07/2019)

Aug. 7, 2019

Aug. 7, 2019

PACER
47

ORDER: Defendants' 45 MOTION for Reconsideration renoted for 8/16/2019. Signed by Judge Robert S. Lasnik. (MW)

Aug. 8, 2019

Aug. 8, 2019

RECAP
48

RESPONSE, by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos, to 45 MOTION for Reconsideration re 42 Order on Motion for Preliminary Injunction . (Korthuis, Aaron) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
49

REPLY, filed by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security, TO RESPONSE to 45 MOTION for Reconsideration re 42 Order on Motion for Preliminary Injunction (Waldrop, Matt) (Entered: 08/16/2019)

Aug. 16, 2019

Aug. 16, 2019

PACER
50

Stipulated MOTION and Proposed Order to Stay Certain Portions of the July 17, 2019 Order Granting Plaintiffs Motion for Preliminary Injunction, filed by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. Noting Date 8/21/2019, (Waldrop, Matt) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
51

MOTION to Stay, filed by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order) Noting Date 8/30/2019, (Waldrop, Matt) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
52

ORDER denying Defendants' 45 Motion for Reconsideration. Signed by Judge Robert S. Lasnik.(MW)

Aug. 23, 2019

Aug. 23, 2019

Clearinghouse
53

RESPONSE, by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos, to 51 MOTION to Stay . (Kang, Leila) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

PACER
54

NOTICE to Withdraw Pending Motion re 51 MOTION to Stay ; by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Waldrop, Matt) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

RECAP
55

NOTICE of Appearance by attorney Katelyn Masetta-Alvarez on behalf of Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Masetta-Alvarez, Katelyn) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
56

NOTICE OF APPEAL to Ninth Circuit (19-35884 ) re 42 Order on Motion for Preliminary Injunction, 52 Order on Motion for Reconsideration by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. No fee required- US Government Party. (cc: USCA) (Masetta-Alvarez, Katelyn) Modified on 10/22/2019 to add CCA #(CDA). (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
57

USCA Case Number 19-35884 for 56 Notice of Appeal, filed by Kirstjen M Nielsen, United States Citizenship and Immigration Services, Robert Cowan, Lee Francis Cissna, United States Department of Homeland Security. (CDA) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

RECAP
58

CERTIFICATE STATING THAT NO TRANSCRIPT WILL BE ORDERED by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security (Masetta-Alvarez, Katelyn) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER
59

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Leila Kang for Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos. (Kang, Leila) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
60

MANDATE/ORDER OF USCA (19-35884) as to 56 Notice of Appeal, filed by Kirstjen M Nielsen, United States Citizenship and Immigration Services, Robert Cowan, Lee Francis Cissna, United States Department of Homeland Security. Appellants' unopposed motion (Docket Entry No. 18) for voluntary dismissal is granted. This appeal is dismissed with prejudice. See Fed. R. App. P. 42(b).This order served on the district court shall act as and for the mandate of this court. DISMISSED (CDA) (Entered: 03/05/2020)

March 4, 2020

March 4, 2020

PACER
61

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 5/6/2020, by Judge Robert S. Lasnik. (KERR) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
62

Stipulated MOTION and [Proposed] Order Setting Dispositive Motion Briefing Schedule, filed by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. Noting Date 4/17/2020, (Waldrop, Matt) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
63

STIPULATION AND ORDER re Parties' 62 Stipulated MOTION Setting Dispositive Motion Briefing Schedule: The following briefing schedule shall apply to any dispositive motions filed in this case: Plaintiffs' motion for summary judgment: 5/1/2020; Defendants' opposition and cross motion: 5/15/2020; Plaintiff's opposition and reply: 5/29/2020; Defendants' reply: 6/12/2020. Signed by Judge Robert S. Lasnik. (MW)

April 20, 2020

April 20, 2020

RECAP
64

MOTION for Summary Judgment, filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 6/12/2020, (Korthuis, Aaron) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
65

DECLARATION of Sydney Maltese filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 64 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Korthuis, Aaron) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
66

CROSS-MOTION AND RESPONSE re 64 MOTION for Summary Judgment ., filed by Defendants Lee Francis Cissna, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order) Noting Date 6/12/2020, (Waldrop, Matt) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
67

DECLARATION of Michael Valverde filed by Defendants Lee Francis Cissna, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security re 66 CROSS-MOTION AND RESPONSE re 64 MOTION for Summary Judgment . (Waldrop, Matt) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
68

DECLARATION of Matt Waldrop filed by Defendants Lee Francis Cissna, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security re 66 CROSS-MOTION AND RESPONSE re 64 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Waldrop, Matt) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
69

RESPONSE, by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos, to 66 CROSS-MOTION AND RESPONSE re 64 MOTION for Summary Judgment .. Oral Argument Requested. (Korthuis, Aaron) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
70

Second DECLARATION of Hannah Stone filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 66 CROSS-MOTION AND RESPONSE re 64 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Korthuis, Aaron) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
71

DECLARATION of Kayley Bebber filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 66 CROSS-MOTION AND RESPONSE re 64 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Korthuis, Aaron) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
72

DECLARATION of Stacy Kowalski filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 66 CROSS-MOTION AND RESPONSE re 64 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Korthuis, Aaron) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
73

DECLARATION of Gretchen Korb-Nice filed by Plaintiffs Leobardo Moreno Galvez, Angel de Jesus Munoz Olivera, Jose Luis Vicente Ramos re 66 CROSS-MOTION AND RESPONSE re 64 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Korthuis, Aaron) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
74

REPLY, filed by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security, TO RESPONSE to 66 CROSS-MOTION AND RESPONSE re 64 MOTION for Summary Judgment . (Waldrop, Matt) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
75

DECLARATION of Matt Waldrop re 74 Reply to Response to Motion, by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security (Attachments: # 1 Exhibit A)(Waldrop, Matt) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
76

ORDER granting Plaintiffs' 64 Motion for Summary Judgment and Request for Permanent Injunctive Relief, and denying Defendants' 66 Cross Motion for Summary Judgment. The Court HEREBY ORDERS and enjoins defendants. Signed by Judge Robert S. Lasnik. (LH)

Oct. 5, 2020

Oct. 5, 2020

Clearinghouse
77

NOTICE OF APPEAL to Ninth Circuit (20-36052) re 76 Order on Motion for Summary Judgment, Order on Cross Motion, by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. No fee required- US Government Party (cc: USCA) (Masetta-Alvarez, Katelyn) Modified on 12/4/2020 to add CCA#.(RE) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
78

TIME SCHEDULE ORDER (20-36052) as to 77 Notice of Appeal, filed by Kirstjen M Nielsen, United States Citizenship and Immigration Services, Robert Cowan, Lee Francis Cissna, United States Department of Homeland Security. (RE) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

RECAP

***Civil Case Terminated re 76 Order on Motion for Summary Judgment, and per the direction of chambers. (LH)

March 9, 2022

March 9, 2022

PACER

Terminate Civil Case

March 9, 2022

March 9, 2022

PACER
79

ORDER OF USCA (20-36052) as to 77 Notice of Appeal, filed by Kirstjen M Nielsen, United States Citizenship and Immigration Services, Robert Cowan, Lee Francis Cissna, United States Department of Homeland Security. (RE) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER
80

ORDER OF USCA (20-36052) as to 77 Notice of Appeal, filed by Kirstjen M Nielsen, United States Citizenship and Immigration Services, Robert Cowan, Lee Francis Cissna, United States Department of Homeland Security. (RE) (Entered: 07/06/2022)

July 5, 2022

July 5, 2022

PACER
81

OPINION FROM USCA (20-36052) (NOT THE MANDATE) as to 77 Notice of Appeal, filed by Kirstjen M Nielsen, United States Citizenship and Immigration Services, Robert Cowan, Lee Francis Cissna, United States Department of Homeland Security. we AFFIRM the district courts issuance of injunctive relief; we VACATE only the provision of the district courts permanent injunction that permits SIJ petitioners (but not the Government) to toll Congresss deadline for adjudicating SIJ petitions; and we REMAND to the district court to make any further, proper modifications to its order consistent with this disposition. We encourage the parties on remand to present the district court with more practical terms for an injunction that considers Congresss plain directive and the parties respective interests. (RE) (Main Document 81 replaced on 11/4/2022-Correction by USCA: Removal of duplicate words in paragraph 3 of summary) (RE) (Entered: 11/04/2022)

Nov. 3, 2022

Nov. 3, 2022

PACER
82

ORDER OF USCA (20-36052) as to 77 Notice of Appeal, filed by Kirstjen M Nielsen, United States Citizenship and Immigration Services, Robert Cowan, Lee Francis Cissna, United States Department of Homeland Security. (RE) (Entered: 12/08/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
83

MANDATE OF USCA (20-36052) as to 77 Notice of Appeal, filed by Kirstjen M Nielsen, United States Citizenship and Immigration Services, Robert Cowan, Lee Francis Cissna, United States Department of Homeland Security, 81 Opinion from USCA. The Judgment from USCA, November 3,2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. we AFFIRM the district courts issuance of injunctive relief; we VACATE only the provision of the district courts permanent injunction that permits SIJ petitioners (but not the Government) to toll Congress's deadline for adjudicating SIJ petitions; and we REMAND to the district court to make any further, proper modifications to its order consistent with this disposition. (CR) Modified on 2/10/2023 to edit docket text. (RE) (Entered: 02/10/2023)

Feb. 10, 2023

Feb. 10, 2023

PACER
84

NOTICE of Pendency of Other Action in Central District of California, case number(s) in other court 2:22-cv-01510-ODW-JPR; filed by Defendants Lee Francis Cissna, Robert Cowan, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Waldrop, Matt) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
85

ORDER: The parties shall submit a joint status report on or before July 14, 2023, proposing amendments to the permanent injunction that are consistent with the Ninth Circuit's instructions and analysis. Signed by Judge Robert S. Lasnik. (LH)

June 12, 2023

June 12, 2023

RECAP

Motion Calendar

June 12, 2023

June 12, 2023

PACER

85 Order NOTED on motion calendar for 7/28/2023 7/14/2023 (LH) Modified noting date on 7/17/2023 (MJV).

June 12, 2023

June 12, 2023

PACER
86

Stipulated MOTION FOR EXTENSION OF DEADLINE, filed by Defendants Robert Cowan, Ur M Jaddou, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. Noting Date 6/29/2023, (Waldrop, Matt) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

PACER
87

ORDER granting 86 Stipulated MOTION FOR EXTENSION OF DEADLINE Joint Status Report due by 7/28/2023, Signed by Judge Robert S. Lasnik.(MJV)

June 30, 2023

June 30, 2023

RECAP

Set/Reset Motion Noting Date (Public)

July 17, 2023

July 17, 2023

PACER

Noting Date Set/Reset: re 85 Order, Joint Status Report Deadline noted for 7/28/2023; per 87 ORDER. (MJV)

July 17, 2023

July 17, 2023

PACER
88

JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 0. (Adams, Matt) (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

PACER
89

NOTICE of Supplemental Authority re 88 Joint Status Report by All Plaintiffs (Attachments: # 1 Exhibit Casa Libre Summary Judgment Order)(Korthuis, Aaron) (Entered: 08/03/2023)

1 Exhibit Casa Libre Summary Judgment Order

View on PACER

Aug. 3, 2023

Aug. 3, 2023

RECAP
90

MOTION TO ESTABLISH DEADLINE FOR REVISIONS TO JOINT STATUS REPORT, filed by Defendants Robert Cowan, Ur M Jaddou, Kirstjen M Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order) Noting Date 8/25/2023, (Waldrop, Matt) (Entered: 08/04/2023)

Aug. 4, 2023

Aug. 4, 2023

PACER

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Key Dates

Filing Date: March 5, 2019

Closing Date: Sept. 5, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who have been issued predicate SIJS orders by Washington state courts after turning eighteen years old but prior to turning twenty-one years old, and have submitted or will submit SIJS petitions to USCIS prior to turning twenty-one years old.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Northwest Immigrant Rights Project (NWIRP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

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)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $400,000

Issues

Immigration/Border:

Admission - criteria

Refugees

Status/Classification

Visas - criteria