Case: Gonzales v. U.S. Department of Homeland Security

2:06-cv-01411 | U.S. District Court for the Western District of Washington

Filed Date: Sept. 28, 2006

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On September 28, 2006, a consortium of immigrant rights advocacy groups, including Northwest Immigrant Rights Project and the American Immigration Law Foundation, filed a class action lawsuit in the U.S. District Court for the Western District of Washington, challenging the Department of Homeland Security's refusal to comply with the precedent decision of the Ninth Circuit in Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). Plaintiffs alleged that federal immigration officials had bee…

On September 28, 2006, a consortium of immigrant rights advocacy groups, including Northwest Immigrant Rights Project and the American Immigration Law Foundation, filed a class action lawsuit in the U.S. District Court for the Western District of Washington, challenging the Department of Homeland Security's refusal to comply with the precedent decision of the Ninth Circuit in Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). Plaintiffs alleged that federal immigration officials had been ordered to deny applications for "Permission to Reapply for Admission After Deportation or Removal" filed on form I-212 (I-212 waiver application) when ten years had not elapsed since the applicants' last departure. Plaintiffs asserted that this practice violated the Perez-Gonzalez v. Ashcroft decision, the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA) and the Fifth Amendment. As a result of the practice, plaintiffs were denied the opportunity to apply for lawful permanent resident (LPR) status and faced possible deportation proceedings.

Contemporaneously with initiating the lawsuit, plaintiffs requested a temporary restraining order, a preliminary injunction and class certification. The government filed papers with the court opposing the requested relief.

Following an injunction hearing, the District Court (Judge Marsha J. Pechman) issued a preliminary injunction and certified the case as a class action. In an order dated November 13, 2006, Judge Pechman ruled that: (1) plaintiffs were not required to exhaust their administrative remedies before bringing suit; (2) plaintiffs were likely to succeed on the merits of their claim that the policy violated the INA; and (3) the requirements for class certification were satisfied. Gonzales v. U.S. Dep't of Homeland Sec., 239 F.R.D. 620 (W.D. Wash. 2006).

On motion by the defendants, the Court (Judge Pechman) modified the wording of its preliminary injunction on December 19, 2006, to make clear that it extended only to class members whose I-212 waiver applications were adjudicated within the jurisdiction of the Ninth Circuit.

Defendants appealed the injunction, and on January 24, 2007, the District Court entered an order staying discovery and further action in the trial court pending resolution of defendants' appeal to the Ninth Circuit.

On November 30, 2007, a three-judge panel of the Ninth Circuit (Judge Consuelo M. Callahan, Judge William C. Canby, Jr., and Judge Cynthia H. Hall) vacated the District Court's preliminary injunction. Duran Gonzales v. Dep't of Homeland Sec., 508 F.3d 1227 (9th Cir. 2007). It found that under the Supreme Court's decisions in Chevron USA, Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984), and National Cable & Telecommunications Ass'n v. Brand X Internet Services, 545 U.S. 967(2005), courts are required to defer to an administrative agency's reasonable interpretation of a statute even if there is earlier judicial precedent to the contrary; therefore, since the Court found that the Board of Immigration Appeals (BIA) had reasonably interpreted the Illegal Immigration Reform and Immigrant Responsibility Act in In re Torres-Garcia, 23 I. & N. Dec. 866 (BIA 2006), to dispose of plaintiffs' request for injunctive relief, it had to defer to the BIA's judgment.

After considering and ultimately rejecting a petition by plaintiffs for rehearing en banc, the Ninth Circuit issued its mandate on January 23, 2009. That same day, the District Court (Judge Pechman) entered a temporary restraining order to keep class members from being deported while it finished adjudicating the case. On February 6, 2009, however, it found that in light of the Ninth Circuit's decision, there was little likelihood that plaintiffs would succeed on the merits and thus denied plaintiffs' motion for a preliminary injunction. Gonzales v. U.S. Dep't of Homeland Sec., No. 2:06−cv−01411, 2009 WL 302283, 2009 U.S. Dist. LEXIS 12661 (W.D. Wash. Feb. 6, 2009). On February 27, it also denied plaintiffs' motions to amend their complaint and amend and redefine the class in order to challenge the retroactive application of the Ninth Circuit decision, reaffirming its decision in its order denying the preliminary injunction that the Ninth Circuit decision could not be interpreted to apply only prospectively. Gonzales v. U.S. Dep't of Homeland Sec., No. 2:06−cv−01411, 2009 WL 506848, 2009 U.S. Dist. LEXIS 18753 (W.D. Wash. Feb. 27, 2009).

Having ruled on all of the legal questions before it, the Court entered judgment for the defendants. The Ninth Circuit affirmed on October 25, 2011. Duran Gonzales v. U.S. Dep't of Homeland Sec., 659 F.3d 930 (9th Cir. 2011). The Ninth Circuit stated that its previous decision, Duran Gonzales v. Dep't of Homeland Sec., 508 F.3d 1227 (9th Cir. 2007), applied retroactively. However, on March 1, 2012, the Ninth Circuit withdrew its decision in a related case, Garfias-Rodriguez v. Holder, 649 F.3d 942 (9th Cir. 2011), and ordered rehearing en banc. The Ninth Circuit stayed its mandate in the present case pending the outcome of the en banc decision. On October 19, 2012, the court issued its en banc decision in which it overruled the retroactivity analysis that the court applied in Duran Gonzales v. U.S. Dep't of Homeland Sec., 659 F.3d 930 (9th Cir. 2011). Garfias-Rodriguez v. Holder, 702 F.3d 504 (9th Cir. 2012) (en banc). The Ninth Circuit ruled that, when it overturns its own precedent in light of the contrary statutory interpretation by an agency, it will treat such instances as if the agency changed its rule, and analyze whether it applies retroactively under the Montgomery Ward test. Montgomery Ward & Co. v. FTC, 691 F.2d 1322, 1328 (9th Cir. 1982). The five factors of the test include: 1) whether the case is of first impression; 2) whether the new rule is an abrupt departure from an old practice or if it merely fills a void in an unsettled area of law; 3) the extent to which a party subject to a new rule, relied on the old rule; 4) the degree of burden that retroactive application places on the party; 5) the statutory interest in applying a new rule despite the reliance on the old rule by the party.

Subsequently, the Ninth Circuit ordered the parties in the present case to submit briefs discussing the effect of the Garfias-Rodriguez decision. On March 29, 2013, the Ninth Circuit issued an order, withdrawing its previous opinion, vacating the District Court's decision, and remanding the case for further proceedings. The Ninth Circuit refused to apply law of the case in light of its en banc decision. It also added that it was expressing "no opinion on . . . . whether the Montgomery Ward factors can be adjudicated on a class-wide basis." On July 23, 2013, the Ninth Circuit issued its mandate.

On remand, the case was set for trial. However, the parties reached a settlement and the case was dismissed with prejudice on January 16, 2014, but the settlement was not yet perfected. On March 14, 2014, the parties entered a joint stipulation to reopen the case to enter the final settlement agreement. The District Court issued its preliminary approval on March 21, 2014, also reopening the case. The Court amended the class definition, and dividing the class into three subclasses. The settlement involved remedies for class members who submitted adjustment of status and I-212 waiver applications on or after August 13, 2004 and on or before November 30, 2007. Under the agreement, various subclasses are entitled, with variations that can be seen in the agreement for more detail, to have their immigration cases reopened and adjudicated on the merits, based on the Montgomery Ward factors and without retroactive application of In re Torres-Garcia. The defendants agreed to give notice to all potential class members and, within 24 months of the effective date, provide a list of all class members and the status of the immigration proceedings. The agreement was to terminate within 30 months of its effective date.

Following a fairness hearing, the Court issued a final order, approving the settlement agreement, on July 21, 2014.

Summary Authors

Christopher Schad (6/22/2012)

Zhandos Kuderin (7/30/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4753835/parties/gonzalez-v-us-department-of-homeland-security/


Judge(s)

Callahan, Consuelo Maria (California)

Canby, William Cameron Jr. (Arizona)

Hall, Cynthia Holcomb (California)

Pechman, Marsha J. (Washington)

Silverman, Barry G. (Arizona)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Realmuto, Trina (District of Columbia)

Tolchin, Stacy (California)

Van Der Hout, Marc (California)

Werlin, Beth (District of Columbia)

Judge(s)

Callahan, Consuelo Maria (California)

Canby, William Cameron Jr. (Arizona)

Hall, Cynthia Holcomb (California)

Pechman, Marsha J. (Washington)

Silverman, Barry G. (Arizona)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Realmuto, Trina (District of Columbia)

Tolchin, Stacy (California)

Van Der Hout, Marc (California)

Werlin, Beth (District of Columbia)

Wettstein, Nadine K. (District of Columbia)

Attorneys(s) for Defendant

Chan, Priscilla To-Yin (Washington)

Keisler, Peter D. (District of Columbia)

Kline, David J. (District of Columbia)

Mckay, John (Washington)

Pickrell, Christopher Lee (Washington)

Pratt, Sherease Rosalyn (District of Columbia)

Stevens, Elizabeth Jones (District of Columbia)

Documents in the Clearinghouse

Document

2:06-cv-01411

0:09-35174

07-35021

Docket [PACER]

July 30, 2014

July 30, 2014

Docket

2:06-cv-01411

Northwest Immigrant Rights Project - Press Release

No Court

Sept. 28, 2006

Sept. 28, 2006

Press Release
1

2:06-cv-01411

Complaint for Injunctive and Declaratory Relief - Class Action

Sept. 28, 2006

Sept. 28, 2006

Complaint
22

2:06-cv-01411

Order Granting in Part Plaintiffs’ Motion for a Temporary Restraining Order and Order to Show Cause

Oct. 11, 2006

Oct. 11, 2006

Order/Opinion
29

2:06-cv-01411

Order Granting Motion for Preliminary Injunction and Class Certification

239 F.R.D. 620

Nov. 13, 2006

Nov. 13, 2006

Order/Opinion
34

2:06-cv-01411

Order Modifying Preliminary Injunction

Dec. 19, 2006

Dec. 19, 2006

Order/Opinion

2:06-cv-01411

07-35021

[Ninth Circuit] Opinion [Vacating the District Court's Order]

Duran Gonzales v. Department of Homeland Security

U. S. Court of Appeals for the Ninth Circuit

508 F.3d 1227

Nov. 30, 2007

Nov. 30, 2007

Order/Opinion
53

2:06-cv-01411

Order Granting in Part Plaintiff's Motion for a Temporary Restraining Order

Jan. 23, 2009

Jan. 23, 2009

Order/Opinion
59

2:06-cv-01411

Order Denying Plaintiffs' Motion for Preliminary Injunction

2009 WL 302283, 2009 U.S.Dist.LEXIS 12661

Feb. 6, 2009

Feb. 6, 2009

Order/Opinion
64

2:06-cv-01411

Order [Denying] Plaintiffs' Motion to Amend Class Certification and Motion for Leave to File First Amended Complaint

2009 WL 506848, 2009 U.S.Dist.LEXIS 18753

Feb. 27, 2009

Feb. 27, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4753835/gonzalez-v-us-department-of-homeland-security/

Last updated Aug. 1, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against defendants US Department of Homeland Security, Michael Chertoff , filed by Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos. (Summonses not issued) (Receipt # SEA 4310) (Attachments: # 1 Civil Cover Sheet)(LT, ) Modified text on 9/28/2006 (LT, ). (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

22

ORDER granting in part 2 Motion for TRO by Judge Marsha J. Pechman.(AO, )

Oct. 11, 2006

Oct. 11, 2006

RECAP
2

MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs. Noting Date 9/29/2006.Oral Argument Requested. (Attachments: # 1 Exhibits 1 − 3 # 2 Exhibits 4 − 5 # 3 Proposed Order)(LT, ) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

29

ORDER granting 3 Motion to Certify Class and granting 2 Motion for Preliminary Injunction by Judge Marsha J. Pechman.(AO, ) Modified on 11/14/2006 - mailed copy of order to Marc Van Der Hout(MD, ).

Nov. 13, 2006

Nov. 13, 2006

RECAP
3

MOTION to Certify Class by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos. (LT, ) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

53

ORDER granting in part 47 Motion for TRO. Plaintiffs' motion for TRO is granted. The Court reserves judgment on Plaintiffs' motion to amend class certification and preliminary injunction. by Judge Marsha J. Pechman.(RK)

Jan. 23, 2009

Jan. 23, 2009

RECAP
4

DECLARATION of Matt Adams filed by Plaintiffs re 3 MOTION to Certify Class (LT, ) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

59

Order DENYING IN PART Plaintiffs' motion (Dkt. No. 47) provisional class certification and preliminary injunction. The Court DENIES Plaintiff's request for a preliminary injunction, but reserves the issue of class modification.by Judge Marsha J. Pechman. (RK)

Feb. 6, 2009

Feb. 6, 2009

RECAP
64

ORDER denying 45 Motion for leave to file an amended complaint and denying 46 Motion to amend class certification. There are no remaining legal or factual disputes and the Court will enter Judgment in favor of Defendants by Judge Marsha J. Pechman.(RK)

Feb. 27, 2009

Feb. 27, 2009

RECAP
5

DECLARATION of Trina Realmuto filed by Plaintiffs re 3 MOTION to Certify Class (LT, ) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

6

DECLARATION of Marc Van Der Hout filed by Plaintiffs re 3 MOTION to Certify Class (LT, ) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

7

DECLARATION of Stacy Tolchin filed by Plaintiffs re 3 MOTION to Certify Class (LT, ) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

8

DECLARATION of Beth Werlin filed by Plaintiffs re 3 MOTION to Certify Class (LT, ) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

9

DECLARATION of Nadine K. Wettstein filed by Plaintiffs re 3 MOTION to Certify Class (LT, ) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

10

APPLICATION by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos AND ORDER admitting Marc Van Der Hout for Plaintiffs pro hac vice. Receipt # SEA 4309. (LT, ) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

11

APPLICATION by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos AND ORDER admitting Nadine Wettstein for Plaintiffs pro hac vice. Receipt # SEA 4313. (LT, ) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

12

APPLICATION by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos AND ORDER admitting Trina Realmuto for Plaintiffs pro hac vice. Receipt # SEA 4314. (LT, ) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

13

APPLICATION by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos AND ORDER admitting Beth Werlin for

Sept. 28, 2006

Sept. 28, 2006

15

MINUTE ORDER made by direction of the court, the Honorable Marsha J. Pechman: A hearing on Plaintiffs' 2 MOTION for Temporary Restraining Order and Preliminary Injunction will be set for October 4, 2006 at 2:00 p.m. Each side will be permitted 20 minutes to present their arguments. (LT, ) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

16

NOTICE of Appearance by attorney Christopher Lee Pickrell on behalf of Defendants US Department of Homeland Security, Michael Chertoff (Pickrell, Christopher) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

17

RESPONSE, by Defendants US Department of Homeland Security, Michael Chertoff, to 3 MOTION to Certify Class, 2 MOTION for Temporary Restraining Order. (Attachments: # 1 Exhibit 1)(Pickrell, Christopher) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

18

REPLY, filed by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos, TO RESPONSE to 2 MOTION for Temporary Restraining Order (Adams, Matt) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

19

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman − Dep Clerk: Eileen Scollard ; Law Clerk: Andrea Ostrovsky;Pla Counsel: Matt Adams/Angelica Chazaro ; Def Counsel: Elizabeth Stevens/Chris Pickrell ; CR: Laurie Briggs − Vernon &Assoc. ; Time of Hearing: 1 hour ; TRO Hearing held on 10/4/2006. Court hears argument and grant motion for a TRO on the issue of the memorandum. Written opinion to be issued on or before 10/10/06. Preliminary Injunction Hearing is scheduled for 11/6/2006 at 04:00 PM before Hon. Marsha J. Pechman. Deft's brief due 10/18/06; Pltf's response due 10/27/06.(ES) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

20

TRANSCRIPT of Proceedings held on 10/4/06 Motion Hearing before Judge Marsha J Pechman. Court Reporter: L. Briggs. (SA) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

21

MINUTE ORDER setting noting date for 3 MOTION to Certify Class filed by Aurelio Duran Gonzalez,, Maria C Estrada,, Maria Luisa Martinez De Munguia,, Irma Palacios De Banuelos,, Lucia Muniz De Andrade,, Karina Noris,, Adriana Pouparina, Noting Date 10/27/2006. Defendants' Response due 10/18/2006. Plaintiffs' Reply due 10/27/06 by Judge Marsha J. Pechman. (AO, ) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

23

RESPONSE, by Defendants US Department of Homeland Security, Michael Chertoff, to 3 MOTION to Certify Class. (Pickrell, Christopher) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

24

RESPONSE, by Defendants US Department of Homeland Security, Michael Chertoff, to 2 MOTION for Temporary Restraining Order. (Pickrell, Christopher) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

25

REPLY, filed by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos, TO RESPONSE to 3 MOTION to Certify Class (Attachments: # 1 Exhibit Exhibit 1, Declaration of Mr. Ortega# 2 Exhibit Exhibit 2, Attorney Declarations# 3 Exhibit Exhibit 3, Virtue Memo)(Adams, Matt) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

26

REPLY, filed by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos, TO RESPONSE to 2 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A, Timeline)(Adams,

Oct. 27, 2006

Oct. 27, 2006

28

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman − Dep Clerk: Eileen Scollard ; Law Clerk: Andrea Ostrovsky; Pla Counsel: Matt Adams, et al ; Def Counsel: Elizabeth Stevens, et al ; CR: Joseph Roth ; Time of Hearing: 45 mins. ; Motion Hearing held on 11/8/2006 re 2 MOTION for Preliminary Injunction filed by Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos, Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina. (ES) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

30

MOTION and Proposed Order TO CLARIFY PRELIMINARY INJUNCTION by Defendants US Department of Homeland Security, Michael Chertoff. Noting Date 12/8/2006. (Pickrell, Christopher) Modified/Added 'Proposed Order' on 11/24/2006 (ECS, ). (Entered: 11/22/2006)

Nov. 22, 2006

Nov. 22, 2006

32

TRANSCRIPT of Proceedings held on 11/6/06 before Judge Marsha J Pechman. Court Reporter: J Roth. (SA) (Entered: 11/30/2006)

Nov. 22, 2006

Nov. 22, 2006

31

ANSWER to Complaint by US Department of Homeland Security, Michael Chertoff.(Pickrell, Christopher) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

33

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 1 by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos, Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos, Defendants US Department of Homeland Security, Michael Chertoff.(Adams, Matt) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

34

ORDER granting 30 Motion modify preliminary injunction by Judge Marsha J. Pechman.(AO, ) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

35

NOTICE OF APPEAL (07−35021) by Defendants US Department of Homeland Security, Michael Chertoff. Filing Fee:. (Pickrell, Christopher) Modified on 1/18/2007 to add 9th circuit case # (SA, ). (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

Appeal Fees NOT received: FEE NOT REQUIRED, GOVERNMENT APPELLANT re 35 Notice of Appeal filed by Michael Chertoff, US Department of Homeland Security, (SA) (Entered: 01/09/2007)

Jan. 8, 2007

Jan. 8, 2007

36

APPEAL NOTIFICATION packet sent to US Court of Appeals re 35 Notice of Appeal (Attachments: # 1 Docket)(SA) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

37

MINUTE ORDER − Deadline for submission of discovery requests − January 5, 2007; Deadline for motions for orders for Phase I Discovery − January 22, 2007; Phase I − Deadline for production and completion of Phase I Discovery − February 16, 2007; Phase II−Deadline to inform of further discovery requests − March 9, 2007; Deadline for submission of motions for orders for Phase II discovery− March 19, 2007; Phase II − Deadline for production and completion of Phase II discovery − April 9, 2007; Dispositive motions due date − May 10, 2007; If cross summary judgment motions are to be filed, they are directed to contact the court for page limitations and number of briefs to be filed by Judge Marsha J. Pechman. (MD, ) Modified on 1/10/2007 − mailed copy of order to Attorney Marc Van Der Hout(MD, ). (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

39

TIME SCHEDULE ORDER as to 35 Notice of Appeal filed by Michael Chertoff,, US Department of Homeland Security, : Appellant/petitoiner shall immediately file the civil appeals docketing statement. (SA, ) (Entered: 01/18/2007)

Jan. 16, 2007

Jan. 16, 2007

38

STIPULATION AND PROPOSED ORDER TO STAY DISCOVERY by parties. (Pickrell, Christopher) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

40

STIPULATION AND ORDER TO STAY DISCOVERY/ORDER Cancelling Deadline until after the Government's interlocutory appeal has been resolved or terminated by the Ninth Circuit Court of Appeals. Suspend all deadlines in the Court's 1−10−07 minute order and confirm that the existing Class Certification Order and Modified/Amended Preliminary Injunction shall remain in effect during the Government's appeal and Direct the parties to file a joint status report with this court within six months of this order or within 10 days after the appeal's disposition by the Ninth Circuit, whichever comes first by Judge Marsha J. Pechman. (MD, ) (Entered: 01/25/2007)

Jan. 24, 2007

Jan. 24, 2007

41

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants US Department of Homeland Security, Michael Chertoff. Priscilla To−Yin Chan is substituted as counsel for Defendants. Attorney Christopher Lee Pickrell terminated. (Chan, Priscilla) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

42

JOINT STATUS REPORT signed by all parties;. (Stevens, Elizabeth) (Entered: 12/28/2007)

Dec. 28, 2007

Dec. 28, 2007

43

MINUTE ORDER requesting joint status report regarding status of Defendants' appeal to Ninth Circuit by Judge Marsha J. Pechman. (ADO) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

44

JOINT STATUS REPORT signed by all parties;. (Stevens, Elizabeth) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

45

MOTION FOR LEAVE TO FILE AMENDED COMPLAINT against defendant(s) all defendants, filed by Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Proposed Order Granting Motion for Leave to File Amended Complaint)(Tolchin, Stacy) Modified on 2/27/2009 (MD). (Entered: 01/21/2009)

Jan. 21, 2009

Jan. 21, 2009

46

MOTION to Amend 29 Order on Motion to Certify Class,by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos. (Attachments: # 1 Proposed Order Amend and Redefine Class) Noting Date 2/20/2009, (Tolchin, Stacy) (Entered: 01/21/2009)

Jan. 21, 2009

Jan. 21, 2009

47

Amended MOTION for Temporary Restraining Order by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos. Oral Argument Requested. (Attachments: # 1 Proposed Order Granting TRO and setting date for Hearing on PI) Noting Date 1/23/2009, (Tolchin, Stacy) (Entered: 01/21/2009)

Jan. 21, 2009

Jan. 21, 2009

48

MINUTE ORDER setting oral argument on Plaintiffs' first amended motion for provisional class certification, temporary restraining order, and preliminary injunction. Oral argument will be held at 4:00 p.m. on January 23, 2009. by Judge Marsha J. Pechman. (RK) (Entered: 01/22/2009)

Jan. 22, 2009

Jan. 22, 2009

Set Hearing: TRO Hearing set for 1/23/2009 at 04:00 PM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) (Entered: 01/22/2009)

Jan. 22, 2009

Jan. 22, 2009

49

RESPONSE, by Defendants US Department of Homeland Security, Janet Napolitano, to 47 Amended MOTION for Temporary Restraining Order. (Attachments: # 1 Proposed Order)(Pratt, Sherease) (Entered: 01/23/2009)

Jan. 23, 2009

Jan. 23, 2009

50

NOTICE of Appearance by attorney Sherease Rosalyn Pratt on behalf of Defendants US Department of Homeland Security, Janet Napolitano. (Pratt, Sherease) (Entered: 01/23/2009)

Jan. 23, 2009

Jan. 23, 2009

52

REPLY, filed by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos, TO RESPONSE to 47 Amended MOTION for Temporary Restraining Order (Tolchin, Stacy) (Entered: 01/23/2009)

Jan. 23, 2009

Jan. 23, 2009

54

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman− Dep Clerk: Rhonda Miller ; Pla Counsel: Matt Adams ; Def Counsel: Elizabeth Stevens ; CR: Barry Fanning ; Motion Hearing held telephonically in chambers on 1/23/2009 47 Amended MOTION for Temporary Restraining Order filed by Adriana Pouparina, Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Karina Noris, Lucia Muniz De Andrade, Irma Palacios De Banuelos. For the reasons stated orally on the record, the Court grants in part Plaintiff's Motion for a temporary restraining order and will set a preliminary injunction hearing. See Docket #53 Order memorializing ruling. (RM) (Entered: 01/26/2009)

Jan. 23, 2009

Jan. 23, 2009

55

MANDATE of USCA (07−35021) as to 35 Notice of Appeal filed by US Department of Homeland Security, Janet Napolitano; VACATED AND REMANDED. (Attachments: # 1 Memorandum)(LMK) (Entered: 01/26/2009)

Jan. 23, 2009

Jan. 23, 2009

56

MINUTE ORDER Setting Hearing: Preliminary Injunction Telephonic Hearing set for 2/4/2009 at 10:00 AM before Judge Marsha J. Pechman. Each side will have 20 minutes for argument, including rebuttal. Authorized by Judge Marsha J. Pechman. (RM) (Entered: 01/29/2009)

Jan. 29, 2009

Jan. 29, 2009

57

MINUTE ORDER Rescheduling Hearing: Preliminary Injunction Telephonic Hearing is rescheduled for 2/3/2009 at 02:00 PM before Judge Marsha J. Pechman. Each side will have 20 minutes for argument, including rebuttal. Authorized by Judge Marsha J. Pechman(RM) (Entered: 01/29/2009)

Jan. 29, 2009

Jan. 29, 2009

58

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman− Dep Clerk: Rhonda Miller ; Pla Counsel: Matt Adams ; Def Counsel: Elizabeth Stevens ; CR: Kari McGrath ; Time of Hearing: 2:00 p.m. ; Motion Hearing held on 2/3/2009 re 47 Amended MOTION for Temporary Restraining Order filed by Adriana Pouparina, Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Karina Noris, Lucia Muniz De Andrade, Irma Palacios De Banuelos. The Court will issue an order on Plaintiffs' motion for a preliminary injunction when the current temporary restraining order expires (02/06/09). (RK) (Entered: 02/03/2009)

Feb. 3, 2009

Feb. 3, 2009

60

RESPONSE, by Defendants US Department of Homeland Security, Janet Napolitano, to 46 MOTION to Amend 29 Order on Motion to Certify Class, MOTION to Amend 29 Order on Motion to Certify Class,. (Attachments: # 1 Proposed Order)(Pratt, Sherease) (Entered: 02/17/2009)

Feb. 17, 2009

Feb. 17, 2009

61

Defendants' Opposition to Plaintiffs' Motion for Leave to File First Amended Complaint BRIEF re 45 Amended Complaint, by Defendants US Department of Homeland Security, Janet Napolitano. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Pratt, Sherease) (Entered: 02/17/2009)

Feb. 17, 2009

Feb. 17, 2009

62

REPLY, filed by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos, TO RESPONSE to 46 MOTION to Amend 29 Order on Motion to Certify Class, MOTION to Amend 29 Order on Motion to Certify Class, (Adams, Matt) (Entered: 02/20/2009)

Feb. 20, 2009

Feb. 20, 2009

65

JUDGMENT BY COURT − IT IS ORDERED AND ADJUDGED: The Court has previously denied Plaintiff's motion for injunctive relief. The Court denies Plaintiff's motion for leave to file an amended complaint and denies Plaintiffs' motion for class modification. Because the parties agree that there are no factual or legal issues remaining before the Court, Judgment is entered in favor of Defendants. (MD) (Entered: 03/02/2009)

Feb. 27, 2009

Feb. 27, 2009

66

Civil Appeals Docketing Statement by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos, to be transmitted by Clerk to Circuit Court of Appeals. (Attachments: # 1 Order on judgment)(Adams, Matt) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

67

NOTICE OF APPEAL (09−35174) as to 65 Judgment by Court, 64 Order on Motion for Leave to File,, Order on Motion to Amend, by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos. Filing Fee $455, Receipt number 09810000000001689786. (Attachments: # 1 Order of Judgment)(Adams, Matt) Modified on 3/11/2009 (SA). (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

68

REPRESENTATION STATEMENT, by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos, (re: 67 Notice of Appeal,.) (Adams, Matt) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

69

TRANSCRIPT REQUEST by Plaintiffs Lucia Muniz De Andrade, Karina Noris, Adriana Pouparina, Aurelio Duran Gonzalez, Maria C Estrada, Maria Luisa Martinez De Munguia, Irma Palacios De Banuelos Requesting Attorney: Matt Adams. (Adams, Matt) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

70

APPEAL NOTIFICATION packet sent to US Court of Appeals re 67 Notice of Appeal, (Attachments: # 1 Docket)(LMK) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

71

TIME SCHEDULE ORDER as to 67 Notice of Appeal, filed by Adriana Pouparina, Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Karina Noris, Lucia Muniz De Andrade, Irma Palacios De Banuelos : Appellant shall notify Appellee regarding transcripts by 3/16/09; Appellee to notify Appellant regarding any additional transcripts by 3/25/09; Transcript designation due by 4/6/09; Transcript by court reporter due by 5/4/09; Appellants opening brief due by 6/22/09; Appellees response brief due by 7/20/09; Appellants optional reply brief due within 14 days of service of the response brief. (SA) (Entered: 03/11/2009)

March 9, 2009

March 9, 2009

USCA Case Number 09−35174 for 67 Notice of Appeal, filed by Adriana Pouparina, Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Karina Noris, Lucia Muniz De Andrade, Irma Palacios De Banuelos. (SA) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

72

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 1/23/2009 before Judge Marsha J. Pechman. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. 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. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Barry Fanning by telephone at 206−370−8507. . Release of Transcript Restriction set for 6/18/2009, (LMK) (Entered: 03/20/2009)

March 20, 2009

March 20, 2009

73

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Via Telephone held on 2/3/2009 before Judge Marsha J. Pechman. Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. 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. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov. To purchase a copy of the transcript contact court reporter Kari McGrath by telephone at 206−370−8509. Release of Transcript Restriction set for 6/22/2009, (SA) (Entered: 03/24/2009)

March 24, 2009

March 24, 2009

74

ORDER of USCA (09−35174) as to 67 Notice of Appeal, filed by Adriana Pouparina, Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Karina Noris, Lucia Muniz De Andrade, Irma Palacios De Banuelos The panel will retain jurisdiction of this appeal. (SA) (Entered: 02/18/2010)

Feb. 18, 2010

Feb. 18, 2010

75

ORDER of USCA (09−35174) as to 67 Notice of Appeal, filed by Adriana Pouparina, Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Karina Noris, Lucia Muniz De Andrade, Irma Palacios De Banuelos Briefs are to be filed within 21 days of this order. SEE ORDER FOR FURTHER INSTRUCTION.(SA) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

76

OPINION of USCA (NOT THE MANDATE 09−35174) as to 67 Notice of Appeal, filed by Adriana Pouparina, Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Karina Noris, Lucia Muniz De Andrade, Irma Palacios De Banuelos. AFFIRMED. (SA) (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

77

ORDER of USCA (09−35174) as to 67 Notice of Appeal, filed by Adriana Pouparina, Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Karina Noris, Lucia Muniz De Andrade, Irma Palacios De Banuelos The parties shall submit simultaneous letter briefs on or before December10, 2012, advising of the effect on this case of the Ninth Circuits October 19,2012 en banc opinion in Garfias−Rodriguez, No. 09−72603, 2012 WL 5077137. The briefs shall not exceed ten pages in length. Parties who are registered forElectronic Case Filing must file the briefs electronically. (SA) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

78

OPINION of USCA (09−35174−NOT THE MANDATE) as to 67 Notice of Appeal, filed by Adriana Pouparina, Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Karina Noris, Lucia Muniz De Andrade, Irma Palacios De Banuelos;The opinion filed on October 25, 2011, 659 F.3d 930, is withdrawn. A superseding opinion and dissent will be filed concurrently with this order. The Petition for Rehearing En Banc filed on December 9, 2011 is denied as moot. VACATED; REMANDED Judge: BGS Authoring, Judge: CMC Dissenting. FILED AND ENTERED JUDGMENT. (LMK) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

79

ORDER of USCA (09−35174) as to 67 Notice of Appeal, filed by Adriana Pouparina, Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Karina Noris, Lucia Muniz De Andrade, Irma Palacios De Banuelos Defendants−Appellees Unopposed Motion to Enlarge Time for Filing En Banc Rehearing Petition is GRANTED. Petition for rehearing is due on or beforeJune 12, 2013. (SA) (Entered: 05/14/2013)

May 14, 2013

May 14, 2013

80

ORDER of USCA (09−35174) as to 67 Notice of Appeal, filed by Adriana Pouparina, Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Karina Noris, Lucia Muniz De Andrade, Irma Palacios De Banuelos; Defendant−Appellees Unopposed Second Motion to Enlarge Time for Filing En Banc Rehearing Petition is GRANTED. The petition is now due on or before Friday, July 12, 2013. (LMK) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

81

MANDATE of USCA (09−35174) as to 67 Notice of Appeal, filed by Adriana Pouparina, Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Karina Noris, Lucia Muniz De Andrade, Irma Palacios De Banuelos;The judgment 78 of this Court, entered March 29, 2013, 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. VACATED;REMANDED (LMK) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

82

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 9/11/2013, FRCP 26f Conference Deadline is 8/28/2013, Initial Disclosure Deadline is 9/4/2013, by Judge Marsha J. Pechman. (RM) Copy mailed to Marc Van Der Hout (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

83

Stipulated MOTION to Hold Case In Abeyance by Defendants Janet Napolitano, US Department of Homeland Security. (Attachments: # 1 Proposed Order) Noting Date 8/28/2013, (Stevens, Elizabeth) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

84

ORDER granting 83 Stipulated Motion to extend the joint status report. All other FRCP 26−related dates are adjusted accordingly. Joint Status Report due by 10/11/2013, by Judge Marsha J. Pechman.(MD) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

85

Unopposed MOTION to Stay re 84 Order on Stipulated Motion, Set Deadlines, 82 Joint Status Report Order Form for District Judges, for Stay of the Entire Case in Light of Lapse of Appropriations by Defendants Janet Napolitano, US Department of Homeland Security. Noting Date 10/3/2013, (Stevens, Elizabeth) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

86

PROPOSED ORDER (Unsigned) re 85 Unopposed MOTION to Stay re 84 Order on Stipulated Motion, Set Deadlines, 82 Joint Status Report Order Form for District Judges, for Stay of the Entire Case in Light of Lapse of Appropriations . (Stevens, Elizabeth) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

87

ORDER denying 85 Defendants' Motion to Stay. Joint Status Report due by 11/22/2013 and all other FRCP 26 related dates are adjusted accordingly, by Judge Marsha J. Pechman.(MD) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

88

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Nadine Wettstein for Plaintiffs Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Lucia Muniz De Andrade, Karina Noris, Irma Palacios De Banuelos, Adriana Pouparina. (Werlin, Beth) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

89

JOINT STATUS REPORT signed by all parties estimated Trial Days: 0. Filed by Defendants Janet Napolitano, US Department of Homeland Security.(Stevens, Elizabeth) (Entered: 11/22/2013)

Nov. 22, 2013

Nov. 22, 2013

90

ORDER SETTING TRIAL DATE AND RELATED DATES; Bench Trial is set for 11/17/2014 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Joinder of Parties due by 12/31/2013, Amended Pleadings due by 1/10/2014, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/21/2014, Motions due by 5/21/2014, Discovery completed by 6/20/2014, Dispositive motions due by 7/21/2014, Motions in Limine due by 10/14/2014, Pretrial Order is dispensed with except as to witness and exhibit list due by 11/5/2014, Trial briefs to be submitted by 11/5/2014, Proposed Findings of Fact and Conclusions of Law to be submitted by 11/5/2014, Pretrial Conference set for 11/7/2014 at 02:30 PM before Judge Marsha J. Pechman. Copy sent to Marc Van Der Hout. (RM)

Dec. 3, 2013

Dec. 3, 2013

92

Stipulated MOTION and Proposed Order for Mediation by Plaintiffs Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Lucia Muniz De Andrade, Karina Noris, Irma Palacios De Banuelos, Adriana Pouparina. Noting Date 12/20/2013, (Adams, Matt) Modified on 12/23/2013 (MD). (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

93

ORDER ON MOTION by Judge Marsha J. Pechman; The Court DENIES the parties' 92 Stipulated Motion to refer case to mediation. (TF) (Entered: 12/31/2013)

Dec. 31, 2013

Dec. 31, 2013

94

Second Stipulated MOTION by Plaintiffs Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Lucia Muniz De Andrade, Karina Noris, Irma Palacios De Banuelos, Adriana Pouparina. (Attachments: # 1 Proposed Order) Noting Date 1/2/2014, (Adams, Matt) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

95

ORDER granting 94 Stipulated Motion to extend Initial Case Schedule Deadlines by Judge Marsha J. Pechman.(MD) (Entered: 01/03/2014)

Jan. 3, 2014

Jan. 3, 2014

96

ORDER OF DISMISSAL: Counsel having notified the Court of settlement of this case, and it appearing that no issue remains for the Court's determination, IT IS ORDERED that this action and all claims asserted herein are DISMISSED with prejudice and without costs to any party. In the event that settlement is not perfected, any party may move to reopen the case within 60 days of the date of this order. Any trial date and pretrial dates previously set are hereby VACATED. Signed by Judge Marsha J. Pechman. (RM) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

97

Joint MOTION to Reopen Case by Plaintiffs Maria C Estrada, Aurelio Duran Gonzalez, Maria Luisa Martinez De Munguia, Lucia Muniz De Andrade, Karina Noris, Irma Palacios De Banuelos, Adriana Pouparina. (Attachments: # 1 Proposed Order) Noting Date 3/14/2014, (Adams, Matt) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

98

Joint MOTION Preliminary Approval of Settlement Agreement, Amendment of the Class Definition, and Approval of Notice to Class re 97 Joint MOTION to Reopen Case by Defendants Janet Napolitano, US Department of Homeland Security. (Attachments: # 1 Exhibit A settlement agreement, # 2 Exhibit B Notice of Proposed Settlement Agreement and Hearing in a Class Action, # 3 Exhibit A, attachment B, Proposed final Judgement, # 4 Exhibit A, attachment C, Noticeof Final Settlement, # 5 Exhibit A, Attachment D, JMTR Cover Sheet, # 6 Exhibit A, attachment E, JMTR Template, # 7 Proposed Order) Noting Date 3/14/2014, (Stevens, Elizabeth) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

101

STATEMENT of Jorge Gabriel Patino re 100 Order on setting a Fairness Hearing(MD) (Entered: 06/19/2014)

June 18, 2014

June 18, 2014

102

RESPONSE by Defendants Janet Napolitano, US Department of Homeland Security re 101 Statement, 100 Order on Motion for Miscellaneous Relief, Set/Reset Hearings,, (Joint Response) . (Attachments: # 1 Exhibit A)(Stevens,

July 8, 2014

July 8, 2014

104

ORDER ON FINAL APPROVEMENT OF THE SETTLEMENT AGREEMENT and amendment of the class definition by Judge Marsha J. Pechman. (RM) Modified on 7/22/2014 (RM) Copy mailed to Marc Van Der Hout. (Entered: 07/22/2014)

July 21, 2014

July 21, 2014

105

JUDGMENT BY COURT − THE COURT HAS ORDERED THAT the final class action settlement is approved, and has directed the parties to ensure compliance with the Courts final approval order. (MD) (Entered: 07/30/2014)

July 30, 2014

July 30, 2014

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2006

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

People who have been denied the opportunity to apply for lawful permanent resident (LPR) status as a result of Department of Homeland Security’s refusal to comply with Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004).

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

Department of Homeland Security, Federal

U.S. Citizenship and Immigration Services (USCIS), Federal

Defendant Type(s):

Jurisdiction-wide

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.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2014 - 2017

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Status/Classification

Undocumented immigrants - rights and duties

Visas - criteria

Visas - procedures