Case: Saget v. Trump

1:18-cv-01599 | U.S. District Court for the Eastern District of New York

Filed Date: March 15, 2018

Closed Date: Oct. 15, 2021

Clearinghouse coding complete

Case Summary

This case challenged the Trump Administration’s termination of Temporary Protected Status (TPS) for Haitian immigrants.  On March 15, 2018, ten Haitian TPS beneficiaries, the Haitian newspaper Haiti Liberté, and the immigrant-rights organization Family Action Network Movement (FANM) filed this lawsuit in the U.S. District Court for the Eastern District of New York against President Donald J. Trump, the United States, the Department of Homeland Security (DHS), and DHS officials. Represented by p…

This case challenged the Trump Administration’s termination of Temporary Protected Status (TPS) for Haitian immigrants. 

On March 15, 2018, ten Haitian TPS beneficiaries, the Haitian newspaper Haiti Liberté, and the immigrant-rights organization Family Action Network Movement (FANM) filed this lawsuit in the U.S. District Court for the Eastern District of New York against President Donald J. Trump, the United States, the Department of Homeland Security (DHS), and DHS officials. Represented by private counsel, plaintiffs challenged DHS’s November 20, 2017 decision to terminate Haiti’s TPS designation, which was scheduled to take effect on July 22, 2019. Plaintiffs alleged that the termination violated the Administrative Procedure Act (APA), the Immigration and Nationality Act (INA), the Regulatory Flexibility Act (RFA), and the due process and equal protection guarantees of the Fifth Amendment, arguing that it was arbitrary and capricious, procedurally unlawful, exceeded the agency’s statutory authority, and was motivated by racial and national-origin animus rather than the statutory criteria governing TPS. Plaintiffs further alleged that the TPS statute required DHS to determine whether extraordinary conditions in Haiti continued to prevent nationals from safely returning and that DHS unlawfully departed from that statutory framework. Plaintiffs sought declaratory and injunctive relief preventing implementation of the termination decision, as well as attorneys’ fees and costs. The case was assigned to District Judge William F. Kuntz II. 

Plaintiffs filed an amended complaint on May 31, 2018, alleging that DHS had previously extended Haiti’s TPS designation based on continuing conditions stemming from the 2010 earthquake, cholera epidemic, political instability, housing shortages, and limited access to food, water, and medical care. Plaintiffs alleged that the 2017 termination decision departed from prior agency practice, disregarded conditions in Haiti, and reflected the Trump Administration’s broader hostility toward nonwhite immigrants. 

During discovery, the court ordered the government to supplement the administrative record and permitted limited extra-record discovery into the government’s decision-making process. The government moved to dismiss the amended complaint and sought a stay pending related litigation. On December 14, 2018, the court denied both motions

After a four-day bench trial in January 2019, the court granted Plaintiffs a preliminary injunction on April 11, 2019. The court concluded that Plaintiffs were likely to succeed on their APA claims because the administrative record suggested that DHS had departed from longstanding TPS practices, changed its interpretation of the statute without adequate explanation, and preselected termination through a process influenced by improper political considerations. The court also found that Plaintiffs had raised serious questions under their Fifth Amendment equal protection claim by presenting evidence that racial animus toward non-white immigrants may have motivated the termination decision. Finding irreparable harm and that the balance of equities and public interest favored preliminary relief, the court entered a nationwide preliminary injunction enjoining the government from terminating Haiti’s TPS designation pending further proceedings. 375 F.Supp.3d 280.

On June 7, 2019, the government appealed the preliminary injunction to the U.S. Court of Appeals for the Second Circuit (Docket No. 19-1685). Following the Biden Administration’s redesignation of Haiti for TPS, however, the parties stipulated to withdraw the appeal on October 5, 2021. 

On October 15, 2021, the parties stipulated to dismiss the district court case. The stipulation explained that DHS had redesignated Haiti for TPS for 18 months and had automatically extended documentation for current Haitian TPS beneficiaries, rendering the case moot. The court dismissed the case the same day. 

The case is closed.

Summary Authors

Niam Vora (6/25/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6334950/parties/saget-v-trump/


Judge(s)
Attorney for Plaintiff

Connelly, Vincent J. (New York)

Ferro, Christopher J. (New York)

Attorney for Defendant

Cho, James R. (New York)

Expert/Monitor/Master/Other

Burgess, Brian (New York)

Cedrone, Gerard J. (New York)

Documents in the Clearinghouse

Documents in this case
1

1:18-cv-01599

Complaint for Declaratory and Injunctive Relief

Saget et al. v. Trump et al.

March 15, 2018

March 15, 2018

Complaint
21

1:18-cv-01599

First Amended Complaint

Saget et al. v. Trump et al.

May 31, 2018

May 31, 2018

Complaint
96

1:18-cv-01599

Decision & Order

Saget et al. v. Trump et al.

Dec. 14, 2018

Dec. 14, 2018

Order/Opinion

345 F.Supp.3d 287

155

1:18-cv-01599

Decision & Order

Saget et al. v. Trump et al.

April 11, 2019

April 11, 2019

Order/Opinion

375 F.Supp.3d 280

166

1:18-cv-01599

Stipulation of Dismissal

Saget et al. v. Trump et al.

Oct. 15, 2021

Oct. 15, 2021

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6334950/saget-v-trump/

Last updated Aug. 27, 2026, 4:57 a.m.

Docket for: Saget v. Trump
ECF Number Date Description Link
1 March 15, 2018

COMPLAINT for Declaratory and Injunctive Relief against All Defendants filing fee $ 400, receipt number 0207-10276168 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Family Action Network Movement, Inc., Yolnick Jeune, Sabina Badio Florial, Patrick Saget, Jean Claude Mompoint, Gerald Michaud, Leoma Pierre, Naischa Vilme, Guerline Francois, Beatrice Beliard, Haiti Liberte, Rachelle Guirand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Proposed Summons) (Kurzban, Ira) (Entered: 03/15/2018)

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3 Civil Cover Sheet

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4 Proposed Summons

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2 March 15, 2018

First MOTION for Leave to Appear Pro Hac Vice for Kevin A. Gregg, Esq. Filing fee $ 150, receipt number 0207-10277068. by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme. (Attachments: # 1 Affidavit Affidavit of Movant and Certificates of Good Standing) (Gregg, Kevin) (Entered: 03/15/2018)

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3 March 15, 2018

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 03/16/2018)

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March 15, 2018

Case Assigned/Reassigned

March 15, 2018

Case assigned to Judge William F. Kuntz, II and Magistrate Judge Steven Tiscione. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

4 March 16, 2018

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 03/16/2018)

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5 March 16, 2018

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 03/16/2018)

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6 March 16, 2018

NOTICE of Appearance by Kevin A. Gregg on behalf of All Plaintiffs (notification declined or already on case) (Gregg, Kevin) (Entered: 03/16/2018)

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March 16, 2018

Order on Motion for Leave to Appear Pro Hac Vice

March 16, 2018

ORDER granting 2 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Judge William F. Kuntz, II on 3/16/2018. (Kuntz, William)

7 March 21, 2018

First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10291008. by Beatrice Beliard. (Attachments: # 1 Affidavit in Support Affidavit in support, # 2 Certificates of good standing) (Zota, Sejal) (Entered: 03/21/2018)

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8 March 21, 2018

NOTICE of Appearance by Sejal Zota on behalf of All Plaintiffs (aty to be noticed) (Zota, Sejal) (Entered: 03/21/2018)

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March 21, 2018

Order on Motion for Leave to Appear Pro Hac Vice

March 21, 2018

ORDER granting 7 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Judge William F. Kuntz, II on 3/21/2018. (Kuntz, William)

9 March 26, 2018

NOTICE of Appearance by Christopher James Houpt on behalf of Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme (aty to be noticed) (Houpt, Christopher) (Entered: 03/26/2018)

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10 March 27, 2018

Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10306233. by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme. (Attachments: # 1 Affidavit Affidavit of Geoffrey M. Pipoly, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Pipoly, Geoffrey) (Entered: 03/27/2018)

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11 March 27, 2018

ORDER granting 10 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Judge William F. Kuntz, II on 3/27/2018. (Kuntz, William) (Tavarez, Jennifer). (Entered: 03/27/2018)

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March 27, 2018

Order on Motion for Leave to Appear Pro Hac Vice

12 April 27, 2018

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10390670. by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Proposed Order) (Ferro, Christopher) (Entered: 04/27/2018)

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April 30, 2018

ORDER granting 12 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF. Registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Judge William F. Kuntz, II on 4/30/2018. (Niles, Elizabeth)

April 30, 2018

Order on Motion for Leave to Appear Pro Hac Vice

13 May 10, 2018

ORDER re 12 MOTION for Leave to Appear Pro Hac Vice as to Christopher J. Ferro, Esq. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Eastern District of New York. All attorneys appearing before this Court are subject to the Local Rues of this Court, including the Rules governing discipline of attorneys. So Ordered by Judge William F. Kuntz, II on 5/9/2018. (Lee, Tiffeny) (Entered: 05/10/2018)

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14 May 10, 2018

SUMMONS Returned Executed by Family Action Network Movement, Inc., Yolnick Jeune, Sabina Badio Florial, Patrick Saget, Jean Claude Mompoint, Gerald Michaud, Leoma Pierre, Naischa Vilme, Guerline Francois, Beatrice Beliard, Haiti Liberte, Rachelle Guirand. Department of Homeland Security served on 3/20/2018, answer due 5/21/2018. (Kurzban, Ira) (Entered: 05/10/2018)

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15 May 10, 2018

SUMMONS Returned Executed by Family Action Network Movement, Inc., Yolnick Jeune, Sabina Badio Florial, Patrick Saget, Jean Claude Mompoint, Gerald Michaud, Leoma Pierre, Naischa Vilme, Guerline Francois, Beatrice Beliard, Haiti Liberte, Rachelle Guirand. Elaine C. Duke served on 3/20/2018, answer due 5/21/2018. (Kurzban, Ira) (Entered: 05/10/2018)

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16 May 10, 2018

SUMMONS Returned Executed by Family Action Network Movement, Inc., Yolnick Jeune, Sabina Badio Florial, Patrick Saget, Jean Claude Mompoint, Gerald Michaud, Leoma Pierre, Naischa Vilme, Guerline Francois, Beatrice Beliard, Haiti Liberte, Rachelle Guirand. Kirstjen Nielsen served on 3/20/2018, answer due 5/21/2018. (Kurzban, Ira) (Entered: 05/10/2018)

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17 May 10, 2018

SUMMONS Returned Executed by Family Action Network Movement, Inc., Yolnick Jeune, Sabina Badio Florial, Patrick Saget, Jean Claude Mompoint, Gerald Michaud, Leoma Pierre, Naischa Vilme, Guerline Francois, Beatrice Beliard, Haiti Liberte, Rachelle Guirand. Donald J. Trump served on 3/20/2018, answer due 5/21/2018. (Kurzban, Ira) (Entered: 05/10/2018)

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18 May 10, 2018

SUMMONS Returned Executed by Family Action Network Movement, Inc., Yolnick Jeune, Sabina Badio Florial, Patrick Saget, Jean Claude Mompoint, Gerald Michaud, Leoma Pierre, Naischa Vilme, Guerline Francois, Beatrice Beliard, Haiti Liberte, Rachelle Guirand. United States of America served on 3/20/2018, answer due 5/21/2018. (Kurzban, Ira) (Entered: 05/10/2018)

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19 May 16, 2018

NOTICE of Appearance by Joseph Anthony Marutollo on behalf of All Defendants (aty to be noticed) (Marutollo, Joseph) (Entered: 05/16/2018)

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20 May 16, 2018

Joint MOTION for Extension of Time to File - The Parties Respectfully Request that the Court endorse the following revised schedule: Plaintiffs shall file an Amended Complaint by May 31, 2018; and Defendants' time to file their answer, or otherwise file a pre-motion conference letter, shall be extended to June 14, 2018 by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America. (Marutollo, Joseph) (Entered: 05/16/2018)

RECAP
May 16, 2018

Order on Motion for Extension of Time to File

May 16, 2018

ORDER granting 20 Motion for Extension of Time to File. So Ordered by Judge William F. Kuntz, II on 5/16/2018. (Niles, Elizabeth)

21 May 31, 2018

AMENDED COMPLAINT against All Defendants, filed by Family Action Network Movement, Inc., Yolnick Jeune, Sabina Badio Florial, Patrick Saget, Jean Claude Mompoint, Gerald Michaud, Leoma Pierre, Naischa Vilme, Guerline Francois, Beatrice Beliard, Haiti Liberte, Rachelle Guirand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12) (Kurzban, Ira) (Entered: 05/31/2018)

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6 Exhibit 6

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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Clearinghouse
22 June 14, 2018

MOTION for pre motion conference - Defendants respectfully inform the Court of their intention to move to dismiss this matter for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1), or, in the alternative, for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America. (Marutollo, Joseph) (Entered: 06/14/2018)

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June 14, 2018

Order on Motion for Pre Motion Conference

June 14, 2018

ORDER granting 22 Motion for Pre Motion Conference. The Conference will be held at 10:00 A.M. on Wednesday, June 27, 2018 before the Hon. Willam F. Kuntz, II. The Conference will be held in Courtroom 6H North. So Ordered by Judge William F. Kuntz, II on 6/14/2018. (Kuntz, William) Modified on 6/14/2018 (Jackson, Andrew).

23 June 20, 2018

NOTICE of Appearance by Geoffrey Pipoly on behalf of Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme (notification declined or already on case) (Pipoly, Geoffrey) (Entered: 06/20/2018)

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24 June 21, 2018

Letter response to [Dkt. 22] pre-motion conference by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme (Pipoly, Geoffrey) (Entered: 06/21/2018)

RECAP
June 27, 2018

Minute Entry for proceedings held before Judge William F. Kuntz, II: Pre Motion Conference held on 6/27/2018. Appearances: Sejal Zota, Esq., and Christopher Geoffrey, Esq., appeared on behalf of Plaintiffs. Joseph Marutollo, Esq., appeared on behalf of Defendants. The Court granted Defendants' application to make a motion to dismiss. The Court ordered the following briefing schedule: 1) Defendants shall serve the motion to dismiss on or before Friday, August 10, 2018; 2) Plaintiff shall serve the memorandum in opposition on or before Friday, August 31, 2018; and 3) Defendants shall serve the reply memorandum on or before Friday, September 21, 2018. As a courtesy to the Court, the Court requests that the parties refrain from filing motion papers until the motion has been fully briefed. If the parties elect to file their motion only once it is fully briefed, the notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter shall be electronically filed in advance of the fully briefed motion, and it must be filed as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file their individual motion papers by 5:00 p.m. on September 21, 2018. The government is directed to mail a complete set of courtesy copies of all motion papers, via overnight mail, to the Court, attention of Mr. Andrew Jackson. The parties are granted leave to file amicus briefs at anytime. The Court granted the parties' applications to expand the page limit from twenty-five pages to thirty pages. Any discovery disputes shall be directed to the attention of Magistrate Judge Steven Tiscione. Discovery is not stayed during the pendency of the motion to dismiss. (Court Reporter Denise Parisi.) (Jackson, Andrew)

June 27, 2018

Pre Motion Conference

25 July 3, 2018

Letter respectfully informing the Court that the parties will file a joint letter setting forth their respective discovery positions by Tuesday, July 10. The parties are available for a telephone conference to discuss discovery before Magistrate Judge Tiscione on July 13, 19, 20, 23, or 24 by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America (Marutollo, Joseph) (Entered: 07/03/2018)

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July 5, 2018

SCHEDULING ORDER: A telephone conference to discuss discovery will be held at 12:00 p.m. on Friday, July 13, 2018 before the undersigned. Counsel for Plaintiffs are directed to arrange the call with all parties by having all counsel on the line before calling the Court. So Ordered by Magistrate Judge Steven Tiscione on 7/5/2018. (Vasquez, Lea)

July 5, 2018

Scheduling Order

26 July 10, 2018

Letter setting forth the Government's position regarding discovery, in advance of the July 13, 2018 Conference and in an effort to avoid unnecessary litigation by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America (Marutollo, Joseph) (Entered: 07/10/2018)

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27 July 10, 2018

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 27, 2018, before Judge Kuntz. Court Reporter/Transcriber Denise Parisi, Telephone number 718-613-2605. Email address: deniseparisi72@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/31/2018. Redacted Transcript Deadline set for 8/10/2018. Release of Transcript Restriction set for 10/8/2018. (Parisi, Denise) (Entered: 07/10/2018)

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28 July 10, 2018

Letter setting forth Plaintiffs' position regarding discovery in advance of July 13, 2018 Conference and in an effort to avoid unnecessary litigation by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Pipoly, Geoffrey) (Entered: 07/10/2018)

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29 July 16, 2018

Minute Entry for Telephone Conference held on 7/13/2018 before Magistrate Judge Steven Tiscione: Pipoly, Zota & Gregg for Plaintiffs; Marutollo for Defendants. Parties advise that the government has recently produced the administrative record in this matter, although the parties disagree on whether the records produced constitute the complete administrative record. Plaintiffs shall file a motion for extra-record discovery by July 23, 2018, Defendants' response shall be filed by August 7, 2018 and the Court will hold an in-person hearing on the motion on August 21, 2018 at 11:00 a.m. (FTR Log #12:25 - 12:44.) (Vasquez, Lea) (Entered: 07/16/2018)

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30 July 16, 2018

TRANSCRIPT of Proceedings held on July 13, 2018, before Judge Tiscione. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/6/2018. Redacted Transcript Deadline set for 8/16/2018. Release of Transcript Restriction set for 10/15/2018. (Hong, Loan) (Entered: 07/16/2018)

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31 July 23, 2018

Letter MOTION to Amend/Correct/Supplement Administrative Record and for Extra-Record Discovery by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Pipoly, Geoffrey) (Entered: 07/23/2018)

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32 July 24, 2018

MOTION for Leave to File Excess Pages - the Government respectfully requests, in an abundance of caution, clarification regarding the page limitations for its brief in opposition to Plaintiffs' Motion to Amend/Correct/Supplement Administrative Record and for Extra-Record Discovery; the Government respectfully submits that, in light of the procedural posture of the case, Rule III.A is not applicable to Plaintiffs' Motion and that the Government's opposition brief shall not exceed twenty-five pages by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America. (Marutollo, Joseph) (Entered: 07/24/2018)

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33 July 24, 2018

RESPONSE to Motion re 32 MOTION for Leave to File Excess Pages - the Government respectfully requests, in an abundance of caution, clarification regarding the page limitations for its brief in opposition to Plaintiffs' Motion to Amend/Correct/Supplement Administrative filed by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget. (Pipoly, Geoffrey) (Entered: 07/24/2018)

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July 30, 2018

ORDER granting 32 Motion for Leave to File Excess Pages. Defendants' Motion for Leave to File Excess Pages 32 is granted. Defendants may file a memorandum of law not to exceed 25 pages. Plaintiffs may file a reply brief of up to 25 pages by August 15, 2018. The hearing set for 11:00 a.m. on August 21st will proceed as scheduled. So Ordered by Magistrate Judge Steven Tiscione on 7/30/2018. (Vasquez, Lea)

July 30, 2018

Order on Motion for Leave to File Excess Pages

34 Aug. 2, 2018

NOTICE of Change of address of attorney by Sejal Zota (Zota, Sejal) (Entered: 08/02/2018)

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35 Aug. 7, 2018

MEMORANDUM in Opposition re 31 Letter MOTION to Amend/Correct/Supplement Administrative Record and for Extra-Record Discovery filed by All Defendants. (Marutollo, Joseph) (Entered: 08/07/2018)

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36 Aug. 7, 2018

NOTICE by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America of Filing of the Certified Administrative Record (Attachments: # 1 Exhibit) (Marutollo, Joseph) (Entered: 08/07/2018)

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37 Aug. 10, 2018

Letter regarding service of the Government's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(6), or, in the Alternative, for Summary Judgment Pursuant to Fed. R. Civ. P. 56 by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America (Marutollo, Joseph) (Entered: 08/10/2018)

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38 Aug. 15, 2018

CASE MANAGEMENT ORDER: This Court hereby ORDERS all briefs must be filed on ECF by September 14, 2018.SO Ordered by Judge William F. Kuntz, II on 8/14/2018. (See Order for Conditions) (Tavarez, Jennifer) (Entered: 08/15/2018)

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39 Aug. 15, 2018

REPLY in Support re 31 Letter MOTION to Amend/Correct/Supplement Administrative Record and for Extra-Record Discovery filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Pipoly, Geoffrey) (Entered: 08/15/2018)

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40 Aug. 22, 2018

TRANSCRIPT of Proceedings held on August 21, 2018, before Judge Tiscione. Court Transcriber: Typewrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (Rocco, Christine) (Entered: 08/22/2018)

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41 Aug. 22, 2018

ORDER ON MOTION TO DISMISS AND AMICUS CURIAE BRIEFING: The Court hereby confirms and again sets forth the following schedule governing the motion to dismiss briefing for the parties in the above-captioned action: 1. Defendants were required to have served the motion to dismiss on or before Friday, August 10, 2018; 2. Plaintiffs shall serve the memorandum in opposition on or before Friday, August 31, 2018; and 3. Defendants shall serve the reply memorandum on or before Friday, September 21, 2018. The Court hereby also confirms and again sets forth the following conditions for submitting amicus curiae briefs in the above-captioned action: 1. Any counsel filing an amicus curiae brief must be admitted to the Eastern District of New York and in good standing or be admitted to the Eastern District of New York on a pro hac vice basis; 2. Any amicus curiae brief is limited to twenty-five (25) double-spaced pages, using Times New Roman twelve (12) point font. Page limits do not include tables, appendices, or attachments; 3. Memoranda often (10) pages or more shall contain tables of contents and authorities; and 4. All amicus curiae briefs must be filed on ECF by 5:00 p.m. on September 14, 2018. So Ordered by Judge William F. Kuntz, II on 8/22/2018. (Jackson, Andrew) (Entered: 08/22/2018)

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42 Aug. 27, 2018

Minute Order for Motion Hearing held on 8/21/2018 before Magistrate Judge Steven Tiscione: Pipoly for Plaintiff; Marutollo for Defendants. For the reasons discussed on the record, Plaintiffs' Motion to Supplement the Administrative Record and for Extra-Record Discovery 31 is granted in part and denied in part. Defendants are ordered to supplement the administrative record to include "all documents and materials that the agency directly or indirectly considered," including all materials that are already being produced in discovery in parallel cases. Plaintiffs' Motion for Extra-Record Discovery is denied at this time, with leave to renew following a determination on pending Defendants' Motion to Dismiss. (FTR Log #11:10 - 11:47.) (Vasquez, Lea) (Entered: 08/27/2018)

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43 Aug. 27, 2018

MOTION for Extension of Time to File (Agreed) by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme. (Pipoly, Geoffrey) (Entered: 08/27/2018)

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Aug. 27, 2018

Order on Motion for Extension of Time to File

Aug. 27, 2018

ORDER granting 43 Motion for Extension of Time to File. So Ordered by Judge William F. Kuntz, II on 8/27/2018. (Kuntz, William)

44 Aug. 28, 2018

STIPULATION and Proposed Order, for the Court's Endorsement by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America (Marutollo, Joseph) (Entered: 08/28/2018)

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Aug. 28, 2018

Order

Aug. 28, 2018

ORDER re 44 Stipulation filed by Department of Homeland Security, United States of America, Elaine C. Duke, Kirstjen Nielsen, Donald J. Trump. The stipulation is approved and hereby entered as an Order of the Court. So Ordered by Magistrate Judge Steven Tiscione on 8/28/2018. (Vasquez, Lea)

45 Aug. 29, 2018

NOTICE by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America of Filing of the supplemental Certified Administrative Record (Part I) (Attachments: # 1 Exhibit) (Marutollo, Joseph) (Entered: 08/29/2018)

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46 Aug. 29, 2018

NOTICE by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America re 45 Notice(Other), of Filing of the supplemental Certified Administrative Record (Part II) (Attachments: # 1 Exhibit) (Marutollo, Joseph) (Entered: 08/29/2018)

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47 Aug. 29, 2018

NOTICE by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America re 45 Notice(Other), of Filing of the supplemental Certified Administrative Record (Part III) (Attachments: # 1 Exhibit) (Marutollo, Joseph) (Entered: 08/29/2018)

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48 Sept. 6, 2018

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10707615. by Constitutional Law Scholars. (Attachments: # 1 Affidavit in Support, # 2 DC Certificate of Good Standing, # 3 NY Certificate of Good Standing) (Burgess, Brian) (Entered: 09/06/2018)

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49 Sept. 6, 2018

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10707658. by Constitutional Law Scholars. (Attachments: # 1 Affidavit in Support, # 2 Massachusetts Certificate of Good Standing, # 3 NJ Certificate of Good Standing, # 4 NY Certificate of Good Standing) (Cedrone, Gerard) (Entered: 09/06/2018)

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Sept. 6, 2018

Order on Motion for Leave to Appear Pro Hac Vice

Sept. 6, 2018

ORDER granting 48 Motion for Leave to Appear Pro Hac Vice: Having reviewed the Pro Hac Vice application 48 submitted by Brian Burgess for amicus curiae Constitutional Law Scholars and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 9/6/2018. (Vasquez, Lea) Modified on 9/6/2018 (Vasquez, Lea).

Sept. 6, 2018

ORDER granting 49 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application 49 submitted by Gerard Justin Cedrone for amicus curiae Constitutional Law Scholars and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 9/6/2018. (Vasquez, Lea)

50 Sept. 7, 2018

NOTICE of Appearance by Brian Burgess on behalf of Constitutional Law Scholars (notification declined or already on case) (Burgess, Brian) (Entered: 09/07/2018)

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51 Sept. 7, 2018

NOTICE of Appearance by Gerard J. Cedrone on behalf of Constitutional Law Scholars (notification declined or already on case) (Cedrone, Gerard) (Entered: 09/07/2018)

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52 Sept. 14, 2018

MEMORANDUM in Support of Plaintiffs filed by Constitutional Law Scholars. (Burgess, Brian) (Entered: 09/14/2018)

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53 Sept. 18, 2018

Consent MOTION for Leave to File Excess Pages - the Government respectfully requests that it be allowed up to fifteen (15) total pages for its reply brief by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America. (Marutollo, Joseph) (Entered: 09/18/2018)

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Sept. 18, 2018

Order on Motion for Leave to File Excess Pages

Sept. 18, 2018

ORDER granting 53 Motion for Leave to File Excess Pages. So Ordered by Judge William F. Kuntz, II on 9/18/2018. (Kuntz, William)

54 Sept. 19, 2018

NOTICE of Appearance by Jonathan B. Miller on behalf of Commonwealth of Massachusetts (aty to be noticed) (Miller, Jonathan) (Entered: 09/19/2018)

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55 Sept. 19, 2018

MEMORANDUM in Support of Plaintiffs' Opposition to the Motion to Dismiss filed by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 09/19/2018)

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56 Sept. 21, 2018

SCHEDULING ORDER: The Court hereby schedules oral argument on Defendants' motion to dismiss for Tuesday, November 13, 2018, at 12:00 Noon at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York, in Courtroom 6H North.SO Ordered by Judge William F. Kuntz, II on 9/20/2018. (Tavarez, Jennifer) (Entered: 09/21/2018)

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57 Oct. 4, 2018

Joint MOTION for Leave to Electronically File Document under Seal by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America. (Marutollo, Joseph) (Entered: 10/04/2018)

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Oct. 5, 2018

ORDER granting 57 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. So Ordered by Judge William F. Kuntz, II on 10/5/2018. (Jackson, Andrew)

Oct. 5, 2018

Order on Motion for Leave to Electronically File Document under Seal

58 Oct. 9, 2018

MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6), for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1), or alternatively, for summary judgment pursuant to Fed. R. Civ. P. 56 by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America. (Marutollo, Joseph) (Entered: 10/09/2018)

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59 Oct. 9, 2018

MEMORANDUM in Support re 58 MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6), for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1), or alternatively, for summary judgment pursuant to Fed. R. Civ. P. 56 filed by All Defendants. (Marutollo, Joseph) (Entered: 10/09/2018)

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62 Oct. 9, 2018

RESPONSE in Opposition re 58 MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6), for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1), or alternatively, for summary judgment pursuant to Fed. R. Civ. P. 56 filed by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48) (Pipoly, Geoffrey) (Entered: 10/09/2018)

1 Exhibit 1

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2 Exhibit 2

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63 Oct. 9, 2018

REPLY in Support re 58 MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6), for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1), or alternatively, for summary judgment pursuant to Fed. R. Civ. P. 56 filed by All Defendants. (Marutollo, Joseph) (Entered: 10/09/2018)

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64 Oct. 9, 2018

Letter regarding courtesy copies to the Court by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America (Marutollo, Joseph) (Entered: 10/09/2018)

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65 Oct. 30, 2018

MOTION to Stay this action pending final appellate review of the preliminary injunction issued in a parallel matter styled Ramos v. Nielsen, No. 18-CV-1554 (EMC) in the Northern District of California by Elaine C. Duke, Department of Homeland Security, Kirstjen Nielsen, Donald J. Trump, United States of America. (Attachments: # 1 Declaration of Donald W. Neufeld, Associate Director for Service Center Operations at U.S. Citizenship and Immigration Services, # 2 Exhibit Stipulation in Ramos v. Nielsen, 18-cv-1554 (N.D.C.A.)) (Marutollo, Joseph) (Entered: 10/30/2018)

1 Declaration of Donald W. Neufeld, Associate Director for Service Center Operatio

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2 Exhibit Stipulation in Ramos v. Nielsen, 18-cv-1554 (N.D.C.A.)

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66 Oct. 30, 2018

SCHEDULING ORDER: The Court hereby directs Plaintiffs in the above-captioned action to respond to the Government's Motion to Stay, ECF No. 65, by Wednesday, November 7, 2018 by 5:00 P.M. The Court directs the Government to submit their reply, if any, by Friday, November 9, 2018 by 12:00 Noon. So Ordered by Judge William F. Kuntz, II on 10/30/2018. (Jackson, Andrew) (Entered: 10/30/2018)

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67 Nov. 6, 2018

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-10910074. by Beatrice Beliard, Sabina Badio Florial, Guerline Francois, Rachelle Guirand, Yolnick Jeune, Haiti Liberte, Gerald Michaud, Jean Claude Mompoint, Family Action Network Movement, Inc., Leoma Pierre, Patrick Saget, Naischa Vilme. (Attachments: # 1 Affidavit of Sara Norval, # 2 Certificate of Good Standing, # 3 Proposed Order) (Norval, Sara) (Entered: 11/06/2018)

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Nov. 6, 2018

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 6, 2018

ORDER granting 67 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application 67 submitted by Sara Norval for Plaintiffs and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 11/6/2018. (Vasquez, Lea)

68 Nov. 7, 2018

NOTICE of Appearance by Sara Norval on behalf of All Plaintiffs (notification declined or already on case) (Norval, Sara) (Entered: 11/07/2018)

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69 Nov. 7, 2018

RESPONSE in Opposition re 65 MOTION to Stay this action pending final appellate review of the preliminary injunction issued in a parallel matter styled Ramos v. Nielsen, No. 18-CV-1554 (EMC) in the Northern District of California filed by All Plaintiffs. (Pipoly, Geoffrey) (Entered: 11/07/2018)

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70 Nov. 8, 2018

REPLY in Support re 65 MOTION to Stay this action pending final appellate review of the preliminary injunction issued in a parallel matter styled Ramos v. Nielsen, No. 18-CV-1554 (EMC) in the Northern District of California and to respectfully request an adjournment of the November 13, 2018 oral argument sine die filed by All Defendants. (Marutollo, Joseph) (Entered: 11/08/2018)

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Case Details

State / Territory:

New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 1.0: Challenges to the Government

Key Dates

Filing Date: March 15, 2018

Closing Date: Oct. 15, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Ten Haitian TPS beneficiaries, a Haitian newspaper, and a nonprofit immigrant-advocacy organization.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

National Immigration Project of the NLG

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of Homeland Security

United States of America

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

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

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Eastern District of New York 1:18-cv-01599

U.S. Court of Appeals for the Second Circuit 19-01685

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

National / Universal injunction

Preliminary relief granted

Removal/deportation barred

Order Duration: 2019 - 2021

Issues

General/Misc.:

Government services

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Other

Immigration/Border:

Constitutional rights

Status/Classification

Temporary protected status

Work authorization - criteria

Recommended Citation