Case: J.O.P. v. U.S. Department of Homeland Security

8:19-cv-01944 | U.S. District Court for the District of Maryland

Filed Date: July 1, 2019

Case Ongoing

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Case Summary

On July 1, 2019, four unaccompanied children seeking asylum in the United States filed this lawsuit in the U.S. District Court for the District of Maryland. The plaintiffs sued the Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) under the Administrative Procedure Act (APA). The plaintiffs, represented by Goodwin Proctor LLP, Kids in Need of Defense, the Catholic Legal Immigration Network, and Public Counsel sought declaratory and injunctive relief. The plaintiffs claimed that a new USCIS policy would retroactively strip them of protections granted under the Trafficking Victims Protection Reauthorization Act (TVPRA) in violation of the APA and the Fifth Amendment's due process clause. Specifically, they claimed that the new policy would act retroactively on individuals with pending asylum applications because it applied to any USCIS decision made after June 30, 2019. Additionally, the plaintiffs alleged that they could lose asylum eligibility because of the retroactive application of a filing deadline that did not exist when they filed their applications.

On July 1, 2019, the plaintiffs moved for a temporary restraining order to preserve the prior policy until the court considered the new policy's validity. On August 2, the court (Judge George J. Hazel) granted the motion for a temporary restraining order, which it later converted to a preliminary injunction.

On December 20, 2019, the plaintiffs filed an amended complaint, adding U.S. Immigration and Customs Enforcement (ICE) as a defendant. The defendants moved to dismiss the amended complaint for failure to state a claim against ICE on January 3, 2020. On June 3, 2020, the court denied defendant's motion to dismiss because it found the all of defendants' arguments within the motion to be "unpersuasive, premature, or unsupported by necessary evidence."

The plaintiffs then filed a motion to certify a class on June 15, 2020. Defining the class broadly, they sought to include all individuals nationwide who were subject to the challenged USCIS policy. The defendants filed their response in opposition to class certification on July 13.

On June 29, 2020, the court issued a scheduling order in which, the defendants were to release the administrative record that led up to the challenged policy's adoption, which they did on July 24. In light of ongoing conversations about deficiencies in the administrative record, the parties jointly filed a motion to stay the summary judgment briefing on August 10.

On December 21, 2020, the court granted the plaintiffs' motion for class certification and the motion to stay the summary judgment schedule. The court certified the following class: "certifies the following class: All individuals nationwide who prior to the effective date of a lawfully promulgated policy (1) were determined to be an Unaccompanied Alien Child; and (2) who filed an asylum application that was pending with the USCIS; and (3) on the date they filed their asylum application with USCIS, were 18 years of age or older, or had a parent or legal guardian in the United States who is available to provide care and physical custody; and (4) for whom USCIS has not adjudicated the individual’s asylum application on the merits."

The plaintiffs had additionally moved to amend the preliminary injunction on July 7, 2020. Regarding that motion, in the same December 21 opinion the court ordered that defendants are: (1) enjoined and restrained from relying on the policies set forth in the 2019 Redetermination Memorandum as a basis to decline jurisdiction over asylum applications of individuals previously determined to be unaccompanied alien children; (2) enjoined and restrained from rejecting jurisdiction over any asylum application filed by plaintiffs and members of the class whose applications would have been accepted under the 2013 policy; (3) enjoined and restrained from deferring to EOIR determinations in assessing jurisdiction over asylum applications filed by plaintiffs and members of the proposed class; and (4) enjoined and restrained during the removal proceedings of any plaintiff or member of the class (including EOIR proceedings before immigration judges and members of the Board of Immigration appeals) from seeking denials of continuances or other postponements in order to await adjudication of an asylum application that has been filed with USCIS, from seeking EOIR exercise of jurisdiction over any asylum claim where USCIS has initial jurisdiction under the terms of the 2013 policy, or from otherwise taking a position in such individual’s removal proceedings that USCIS does not have initial jurisdiction over the individual’s asylum application."

Subsequently, the plaintiffs filed an amended complaint on January 11, 2021; the defendants filed their answer on February 12, 2021.

On February 18, 2021, the defendants appealed the district court's decision to certify the class to the Fourth Circuit (21-1187). As of April 8, 2021, the Fourth Circuit has not yet issued an opinion.

The case is ongoing.

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Summary Authors

Nora Baty (10/10/2019)

Bogyung Lim (1/28/2020)

Rachel Kreager (4/7/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15867241/parties/jop-v-us-department-of-homeland-security/

Judge(s)

Attorney for Plaintiff

Blais, Elaine Herrmann (Massachusetts)

Burgess, Brian (District of Columbia)

DeJong, Kevin J. (Massachusetts)

Frederick, Sarah (Massachusetts)

Attorney for Defendant

Haven, Matthew A. (Maryland)

Judge(s)

Hazel, George Jarrod (Maryland)

Attorney for Plaintiff

Blais, Elaine Herrmann (Massachusetts)

Burgess, Brian (District of Columbia)

DeJong, Kevin J. (Massachusetts)

Frederick, Sarah (Massachusetts)

Jackson, Kristen M. (California)

Mendez, Michelle N. (Maryland)

Ross, Mary Tanagho (California)

Scholtz, Rebecca (Minnesota)

Shaw, Stephen (District of Columbia)

Shuchart, Scott (District of Columbia)

Wylegala, Wendy (New York)

Attorney for Defendant

Haven, Matthew A. (Maryland)

LeDuc, Vickie (Maryland)

Loucks, Allen (Maryland)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
8:19-cv-01944 0:21-01187	Docket [PACER]	Feb. 23, 2021	Feb. 23, 2021 Docket
1 8:19-cv-01944	Complaint	July 1, 2019	July 1, 2019 Complaint
54 8:19-cv-01944	Memorandum Opinion	Aug. 2, 2019	Aug. 2, 2019 Order/Opinion 409 F.Supp.3d 409
91 8:19-cv-01944	First Amended Complaint J.O.P vs U.S. Department of Homeland Security	Dec. 20, 2019	Dec. 20, 2019 Complaint
143 8:19-cv-01944	Memorandum Opinion	Dec. 21, 2020	Dec. 21, 2020 Order/Opinion 338 F.R.D. 338

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/15867241/jop-v-us-department-of-homeland-security/

Last updated Feb. 20, 2024, 3:04 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT J.O.P. et al. against All Defendants ( Filing fee $ 400 receipt number 0416-8101981.), filed by K.A.R.C., M.A.L.C., M.E.R.E., J.O.P..(Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 RECAP
2	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 1 Complaint Civil Cover Sheet (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
3	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 1 Complaint Exhibits 1 through 8 (Attachments: # 1 Exhibit Exhibit 2, # 2 Exhibit Exhibit 3, # 3 Exhibit Exhibit 4, # 4 Exhibit Exhibit 5, # 5 Exhibit Exhibit 6, # 6 Exhibit Exhibit 7, # 7 Exhibit Exhibit 8)(Burgess, Brian) (Entered: 07/01/2019) 1 Exhibit Exhibit 2 View on PACER 2 Exhibit Exhibit 3 View on PACER 3 Exhibit Exhibit 4 View on PACER 4 Exhibit Exhibit 5 View on PACER 5 Exhibit Exhibit 6 View on PACER 6 Exhibit Exhibit 7 View on PACER 7 Exhibit Exhibit 8 View on PACER	July 1, 2019	July 1, 2019 PACER
4	-SEALED - NOTICE of Filing Under Seal Plaintiffs' Sealed Complaint by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Attachment SEALED COMPLAINT)(Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
5	MOTION to Seal Plaintiffs' Unredacted Complaint by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Text of Proposed Order Proposed Order)(Burgess, Brian) (Entered: 07/01/2019) 1 Text of Proposed Order Proposed Order View on PACER	July 1, 2019	July 1, 2019 PACER
6	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Proposed Summons of Kenneth T. Cuccinelli (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
7	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Proposed Summons DHS (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
8	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Proposed Summons Kevin K. McAleenan (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
9	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Proposed Summons Robert K. Hur (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
10	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Proposed Summons William Barr (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
11	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Proposed Summons USCIS (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
12	MOTION for Other Relief Permission to Proceed Under Pseudonym by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Text of Proposed Order Proposed Order)(Burgess, Brian) (Entered: 07/01/2019) 1 Memorandum in Support Memorandum in Support View on PACER 2 Text of Proposed Order Proposed Order View on PACER	July 1, 2019	July 1, 2019 PACER
13	(FILED IN ERROR - PER COUNSEL) MOTION for Temporary Restraining Order by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Text of Proposed Order Proposed Order)(Burgess, Brian) Modified on 7/2/2019 (jf3s, Deputy Clerk). (Entered: 07/01/2019) 1 Memorandum in Support Memorandum in Support View on RECAP 2 Text of Proposed Order Proposed Order View on PACER	July 1, 2019	July 1, 2019 PACER
14	MOTION for Temporary Restraining Order by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Supplement Proposed Order)(Burgess, Brian) (Entered: 07/01/2019) 1 Memorandum in Support Memorandum in Support View on RECAP 2 Supplement Proposed Order View on PACER	July 1, 2019	July 1, 2019 PACER
15	NOTICE re 14 Motion for TRO by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Declaration of Brian Burgess (Attachments: # 1 Appendix Appendix of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13, # 15 Exhibit Exhibit 14)(Burgess, Brian) Modified on 7/2/2019 (jf3s, Deputy Clerk). (Entered: 07/01/2019) 1 Appendix Appendix of Exhibits View on PACER 2 Exhibit Exhibit 1 View on PACER 3 Exhibit Exhibit 2 View on PACER 4 Exhibit Exhibit 3 View on PACER 5 Exhibit Exhibit 4 View on PACER 6 Exhibit Exhibit 5 View on PACER 7 Exhibit Exhibit 6 View on PACER 8 Exhibit Exhibit 7 View on PACER 9 Exhibit Exhibit 8 View on PACER 10 Exhibit Exhibit 9 View on PACER 11 Exhibit Exhibit 10 View on PACER 12 Exhibit Exhibit 11 View on PACER 13 Exhibit Exhibit 12 View on PACER 14 Exhibit Exhibit 13 View on PACER 15 Exhibit Exhibit 14 View on PACER	July 1, 2019	July 1, 2019 PACER
16	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 14 MOTION for Temporary Restraining Order J.O.P. Declaration (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
17	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 14 MOTION for Temporary Restraining Order E Lopez Declaration (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
18	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 14 MOTION for Temporary Restraining Order KRC Declaration (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
19	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 14 MOTION for Temporary Restraining Order MALC Declaration (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
20	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 14 MOTION for Temporary Restraining Order MERE Declaration (Burgess, Brian) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
21	Summons Issued 60 days as to Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(jf3s, Deputy Clerk) (Entered: 07/02/2019) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER	July 2, 2019	July 2, 2019 PACER
22	Supplemental to 14 MOTION for Temporary Restraining Order filed by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Corrected Memorandum (Burgess, Brian) (Entered: 07/02/2019)	July 2, 2019	July 2, 2019 PACER
23	Supplemental to 12 MOTION for Other Relief Permission to Proceed Under Pseudonym filed by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Corrected Memorandum (Burgess, Brian) (Entered: 07/02/2019)	July 2, 2019	July 2, 2019 PACER
24	AFFIDAVIT of Service for All Case Initiating Documents, Summonses, Pleadings, Motions, Memoranda, and Proposed Orders served on United States Attorney Robert K. Hur, U.S. Attorney General William Barr, and All Named Defendants on July 3, 2019, filed by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E..(Burgess, Brian) (Entered: 07/03/2019)	July 3, 2019	July 3, 2019 PACER
25	MOTION to Appear Pro Hac Vice for Kevin J. DeJong (Filing fee $100, receipt number 0416-8110362.) by J.O.P.(Burgess, Brian) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
26	MOTION to Appear Pro Hac Vice for Sarah K. Frederick (Filing fee $100, receipt number 0416-8110422.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
27	MOTION to Appear Pro Hac Vice for Kristen Jackson (Filing fee $100, receipt number 0416-8110431.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
28	MOTION to Appear Pro Hac Vice for Mary Tanagho Ross (Filing fee $100, receipt number 0416-8110440.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
29	MOTION to Appear Pro Hac Vice for Rebecca Scholtz (Filing fee $100, receipt number 0416-8110451.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
30	MOTION to Appear Pro Hac Vice for Scott Shuchart (Filing fee $100, receipt number 0416-8110483.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
31	MOTION to Appear Pro Hac Vice for Wendy Wylegala (Filing fee $100, receipt number 0416-8110504.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 PACER
32	PAPERLESS ORDER granting 25 Motion to Appear Pro Hac Vice on behalf of Kevin Dejong. Directing attorney Kevin Dejong to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/12/2019. (srd, Deputy Clerk) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
33	PAPERLESS ORDER granting 26 Motion to Appear Pro Hac Vice on behalf of Sarah K Frederick. Attorney Sarah K Frederick will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 7/12/2019. (srd, Deputy Clerk) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
34	PAPERLESS ORDER granting 27 Motion to Appear Pro Hac Vice on behalf of Kristen Jackson. Directing attorney Kristen Jackson to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/12/2019. (srd, Deputy Clerk) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
35	PAPERLESS ORDER granting 28 Motion to Appear Pro Hac Vice on behalf of Mary Tanagho Ross. Directing attorney Mary Tanagho Ross to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/12/2019. (srd, Deputy Clerk) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
36	PAPERLESS ORDER granting 29 Motion to Appear Pro Hac Vice on behalf of Rebecca Scholtz. Directing attorney Rebecca Scholtz to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/12/2019. (srd, Deputy Clerk) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
37	PAPERLESS ORDER granting 30 Motion to Appear Pro Hac Vice on behalf of Scott Schuchart. Directing attorney Scott Schuchart to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/12/2019. (srd, Deputy Clerk) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
38	PAPERLESS ORDER granting 31 Motion to Appear Pro Hac Vice on behalf of Wendy Wylegala. Directing attorney Wendy Wylegala to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/12/2019. (srd, Deputy Clerk) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
39	SUMMONS Returned Executed by M.E.R.E., K.A.R.C., J.O.P., M.A.L.C.. All Defendants.(DeJong, Kevin) (Entered: 07/17/2019)	July 17, 2019	July 17, 2019 PACER
40	NOTICE of Appearance by Vickie LeDuc on behalf of All Defendants (LeDuc, Vickie) (Entered: 07/18/2019)	July 18, 2019	July 18, 2019 PACER
41	Correspondence re: hearing (LeDuc, Vickie) (Entered: 07/18/2019)	July 18, 2019	July 18, 2019 PACER
42	NOTICE of Appearance by Allen F Loucks on behalf of Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security (Loucks, Allen) (Entered: 07/18/2019)	July 18, 2019	July 18, 2019 PACER
43	Motion Hearing held on 7/19/2019 before Judge George Jarrod Hazel. re 14 MOTION for Temporary Restraining Order. (Court Reporter: Cindy Davis/4A) (ds2s, Deputy Clerk) (Entered: 07/19/2019)	July 19, 2019	July 19, 2019 PACER
44	Correspondence re: Hearing on Temporary Restraining Order (Burgess, Brian) (Entered: 07/21/2019)	July 21, 2019	July 21, 2019 RECAP
45	Substantive legal issues - addressing (LeDuc, Vickie) (Entered: 07/22/2019)	July 22, 2019	July 22, 2019 RECAP
46	MOTION to Appear Pro Hac Vice for Stephen Shaw (Filing fee $100, receipt number 0416-8141998.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/24/2019)	July 24, 2019	July 24, 2019 PACER
47	MOTION to Appear Pro Hac Vice for Elaine H. Blais (Filing fee $100, receipt number 0416-8142017.) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 07/24/2019)	July 24, 2019	July 24, 2019 PACER
48	NOTICE of Appearance by Michelle N Mendez on behalf of All Plaintiffs (Mendez, Michelle) (Entered: 07/26/2019)	July 26, 2019	July 26, 2019 PACER
49	Supplemental Correspondence re: Hearing on Temporary Restraining Order (Attachments: # 1 Exhibit A)(Burgess, Brian) (Entered: 07/30/2019) 1 Exhibit A View on PACER	July 30, 2019	July 30, 2019 RECAP
50	PAPERLESS ORDER granting 46 Motion to Appear Pro Hac Vice on behalf of Stephen Shaw. Directing attorney Stephen Shaw to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/31/2019. (srd, Deputy Clerk) (Entered: 07/31/2019)	July 31, 2019	July 31, 2019 PACER
51	PAPERLESS ORDER granting 47 Motion to Appear Pro Hac Vice on behalf of Elaine Blais. Directing attorney Elaine Blais to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/31/2019. (srd, Deputy Clerk) (Entered: 07/31/2019)	July 31, 2019	July 31, 2019 PACER
52	NOTICE of Appearance by Scott Shuchart on behalf of All Plaintiffs (Shuchart, Scott) (Entered: 08/01/2019)	Aug. 1, 2019	Aug. 1, 2019 PACER
53	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motions Hearing for a TRO) held on July 19, 2019, before Judge George J. Hazel. Court Reporter Cindy Davis, Telephone number (301) 344-3228. Total number of pages filed: 86. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 8/22/2019. Redacted Transcript Deadline set for 9/3/2019. Release of Transcript Restriction set for 10/30/2019.(cd, Court Reporter) (Entered: 08/01/2019)	Aug. 1, 2019	Aug. 1, 2019 PACER
54	MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 8/2/2019. (kns, Deputy Clerk) (Entered: 08/02/2019)	Aug. 2, 2019	Aug. 2, 2019 RECAP
55	ORDER granting 14 Plaintiffs' Motion for Temporary Restraining Order; granting 12 Plaintiffs' Motion to Proceed under Pseudonym and granting 46 & 47 Motions to Appear Pro Hac Vice. Signed by Judge George Jarrod Hazel on 8/2/2019. (kns, Deputy Clerk) (Entered: 08/02/2019)	Aug. 2, 2019	Aug. 2, 2019 RECAP
56	PAPERLESS CORRESPONDENCE Scheduling a conference call for August 13, 2019 at 9:30AM. Dial in instructions will be provided via email. (jw2s, Deputy Clerk) (Entered: 08/06/2019)	Aug. 6, 2019	Aug. 6, 2019 PACER
57	MOTION for Extension of Time to Comply with Court Order by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security (Attachments: # 1 Exhibit 1)(Haven, Matthew) (Entered: 08/09/2019) 1 Exhibit 1 View on PACER	Aug. 9, 2019	Aug. 9, 2019 PACER
58	RESPONSE in Opposition re 57 MOTION for Extension of Time to Comply with Court Order filed by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.. (Attachments: # 1 Exhibit A)(Burgess, Brian) (Entered: 08/12/2019) 1 Exhibit A View on PACER	Aug. 12, 2019	Aug. 12, 2019 PACER
59	Telephone Conference held on 8/13/2019 before Judge George Jarrod Hazel. (jw2s, Deputy Clerk) (Entered: 08/13/2019)	Aug. 13, 2019	Aug. 13, 2019 PACER
60	ORDER extending the Temporary Restraining Order issued at 55 until September 3, 2019. Signed by Judge George Jarrod Hazel on 8/13/2019. (jf3s, Deputy Clerk) (Entered: 08/13/2019)	Aug. 13, 2019	Aug. 13, 2019 PACER
61	NOTICE of Appearance by Wendy Wylegala on behalf of All Plaintiffs (Wylegala, Wendy) (Entered: 08/26/2019)	Aug. 26, 2019	Aug. 26, 2019 PACER
62	MOTION Extension of Temporary Restraining Order re 14 MOTION for Temporary Restraining Order by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 08/28/2019)	Aug. 28, 2019	Aug. 28, 2019 RECAP
63	PAPERLESS ORDER granting 62 MOTION Extension of Temporary Restraining Order. Signed by Judge George Jarrod Hazel on 8/28/2019. (jw2s, Deputy Clerk) (Entered: 08/28/2019)	Aug. 28, 2019	Aug. 28, 2019 PACER
64	Consent MOTION for Extension of Time to File Answer by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security(Loucks, Allen) (Entered: 09/19/2019)	Sept. 19, 2019	Sept. 19, 2019 PACER
65	MOTION Extension of Temporary Restraining Order re 14 MOTION for Temporary Restraining Order by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 09/20/2019)	Sept. 20, 2019	Sept. 20, 2019 RECAP
66	ORDER granting 65 Extension of Temporary Restraining Order re 14 MOTION for Temporary Restraining Order. Signed by Judge George Jarrod Hazel on 9/23/2019. (jf3s, Deputy Clerk) (Entered: 09/24/2019)	Sept. 23, 2019	Sept. 23, 2019 PACER
67	MOTION for Extension of Time by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(Loucks, Allen) (Entered: 10/01/2019) 1 Text of Proposed Order View on PACER	Oct. 1, 2019	Oct. 1, 2019 PACER
68	Amended MOTION for Extension of Time by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security(Loucks, Allen) (Entered: 10/01/2019)	Oct. 1, 2019	Oct. 1, 2019 PACER
69	ORDER granting 67 Defendant's Motion for Extension of Time. Signed by Judge George Jarrod Hazel on 10/4/2019. (jf3s, Deputy Clerk) (Entered: 10/08/2019)	Oct. 7, 2019	Oct. 7, 2019 PACER
70	MOTION for Preliminary Injunction by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.(Burgess, Brian) (Entered: 10/09/2019)	Oct. 9, 2019	Oct. 9, 2019 RECAP
71	ORDER Granting 70 Motion for Preliminary Injunction. Signed by Judge George Jarrod Hazel on 10/15/2019. (heps, Deputy Clerk) (Entered: 10/16/2019)	Oct. 15, 2019	Oct. 15, 2019 RECAP
72	MOTION for Extension of Time by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security(Loucks, Allen) (Entered: 11/08/2019)	Nov. 8, 2019	Nov. 8, 2019 PACER
73	MOTION to Dismiss or, in the Alternative, for Summary Judgment by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security (Attachments: # 1 Memorandum in Support)(Loucks, Allen) (Entered: 11/13/2019) 1 Memorandum in Support View on PACER	Nov. 13, 2019	Nov. 13, 2019 PACER
74	MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss, and to File an Amended Complaint (Unopposed) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Text of Proposed Order)(Burgess, Brian) (Entered: 11/21/2019) 1 Text of Proposed Order View on PACER	Nov. 21, 2019	Nov. 21, 2019 PACER
75	MOTION to Enforce Judgment by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Text of Proposed Order)(Burgess, Brian) (Entered: 11/22/2019) 1 Text of Proposed Order View on PACER	Nov. 22, 2019	Nov. 22, 2019 PACER
76	Memorandum re 75 MOTION to Enforce Judgment filed by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E..(Burgess, Brian) (Entered: 11/22/2019)	Nov. 22, 2019	Nov. 22, 2019 PACER
77	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 75 MOTION to Enforce Judgment Declaration of Kevin J. DeJong (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Burgess, Brian) (Entered: 11/22/2019) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER	Nov. 22, 2019	Nov. 22, 2019 PACER
78	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 75 MOTION to Enforce Judgment Declaration of Hector Vega (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Burgess, Brian) (Entered: 11/22/2019) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Nov. 22, 2019	Nov. 22, 2019 PACER
79	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 75 MOTION to Enforce Judgment Declaration of Jack Ross (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Burgess, Brian) (Entered: 11/22/2019) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	Nov. 22, 2019	Nov. 22, 2019 PACER
80	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 75 MOTION to Enforce Judgment Declaration of Miguel Mariscal (Attachments: # 1 Exhibit A)(Burgess, Brian) (Entered: 11/22/2019) 1 Exhibit A View on PACER	Nov. 22, 2019	Nov. 22, 2019 PACER
81	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 75 MOTION to Enforce Judgment Declaration of Lauren Esterle (Burgess, Brian) (Entered: 11/22/2019)	Nov. 22, 2019	Nov. 22, 2019 PACER
82	NOTICE by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. re 75 MOTION to Enforce Judgment Declaration of Jennifer Bibby-Girth (Burgess, Brian) (Entered: 11/22/2019)	Nov. 22, 2019	Nov. 22, 2019 PACER
	PAPERLESS ORDER granting 72 Motion for Extension of Time. Signed by Judge George Jarrod Hazel on 11/26/2019. (jw2s, Chambers)	Nov. 26, 2019	Nov. 26, 2019 PACER
	Order on Motion for Extension of Time	Nov. 26, 2019	Nov. 26, 2019 PACER
83	NOTICE of Change of Address by Brian Burgess (Burgess, Brian) (Entered: 12/05/2019)	Dec. 5, 2019	Dec. 5, 2019 PACER
84	Joint MOTION for Extension of Time to File by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Text of Proposed Order)(Burgess, Brian) (Entered: 12/06/2019) 1 Text of Proposed Order View on PACER	Dec. 6, 2019	Dec. 6, 2019 PACER
85	Paperless ORDER granting 84 Motion for Extension of Time to File Document. Signed by Judge George Jarrod Hazel on 12/6/2019. (jw2s, Chambers) (Entered: 12/06/2019)	Dec. 6, 2019	Dec. 6, 2019 PACER
86	Joint MOTION for Extension of Time (Corrected) by J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Text of Proposed Order)(Burgess, Brian) (Entered: 12/11/2019) 1 Text of Proposed Order View on PACER	Dec. 11, 2019	Dec. 11, 2019 PACER
87	Consent MOTION to Seal by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(Loucks, Allen) (Entered: 12/19/2019) 1 Text of Proposed Order View on PACER	Dec. 19, 2019	Dec. 19, 2019 PACER
88	RESPONSE in Opposition re 75 MOTION to Enforce Judgment filed by Kenneth Cuccinelli, Kevin McAleenan, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security. (Attachments: # 1 Affidavit)(Loucks, Allen) (Entered: 12/19/2019) 1 Affidavit View on PACER	Dec. 19, 2019	Dec. 19, 2019 PACER
89	PAPERLESS ORDER granting 86 Motion for Extension of Time. Signed by Judge George Jarrod Hazel on 12/19/2019. (jw2s, Chambers) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019 PACER
90	PAPERLESS ORDER granting 87 Motion to Seal. Signed by Judge George Jarrod Hazel on 12/19/2019. (jw2s, Chambers) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019 PACER
91	AMENDED COMPLAINT against Kenneth Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad Wolf, U.S. Immigration and Customs Enforcement, Matthew T. Albence, filed by M.E.R.E., K.A.R.C., J.O.P., M.A.L.C., E.D.G.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Burgess, Brian) (Entered: 12/20/2019) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP 6 Exhibit 6 View on RECAP 7 Exhibit 7 View on RECAP	Dec. 20, 2019	Dec. 20, 2019 RECAP
92	MOTION for Other Relief (Motion for Permission to Proceed Under Pseudonym and Omit Address) by E.D.G. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Burgess, Brian) (Entered: 12/20/2019) 1 Memorandum in Support View on PACER 2 Text of Proposed Order View on PACER	Dec. 20, 2019	Dec. 20, 2019 PACER
93	MOTION to Seal by E.D.G., J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 Text of Proposed Order)(Burgess, Brian) (Entered: 12/20/2019) 1 Text of Proposed Order View on PACER	Dec. 20, 2019	Dec. 20, 2019 PACER
94	-SEALED - NOTICE of Filing Under Seal Plaintiffs' First Amended Complaint by E.D.G., J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. (Attachments: # 1 First Amended Complaint for Declaratory and Injunctive Relief)(Burgess, Brian) (Entered: 12/20/2019)	Dec. 20, 2019	Dec. 20, 2019 PACER
95	RESPONSE in Opposition re 73 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by E.D.G., J.O.P., K.A.R.C., M.A.L.C., M.E.R.E..(Burgess, Brian) (Entered: 12/20/2019)	Dec. 20, 2019	Dec. 20, 2019 RECAP
96	RESPONSE re 73 MOTION to Dismiss or, in the Alternative, for Summary Judgment (Declaration of Kevin J. DeJong in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss) filed by E.D.G., J.O.P., K.A.R.C., M.A.L.C., M.E.R.E.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(DeJong, Kevin) (Entered: 12/20/2019) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER	Dec. 20, 2019	Dec. 20, 2019 PACER
97	NOTICE by E.D.G., J.O.P., K.A.R.C., M.A.L.C., M.E.R.E. Plaintiffs' Notice of Filing Proposed Summonses (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Burgess, Brian) (Entered: 12/26/2019) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Dec. 26, 2019	Dec. 26, 2019 PACER
98	Summons Issued 60 days as to Matthew T. Albence, U.S. Immigration and Customs Enforcement.(heps, Deputy Clerk) (Entered: 12/31/2019)	Dec. 31, 2019	Dec. 31, 2019 PACER

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Case Details

State / Territory: Maryland

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 1, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals who (1) were determined to be an Unaccompanied Alien Child; and (2) who filed an asylum application that was pending with the USCIS; and (3) on the date they filed their asylum application with USCIS, were 18 years of age or older, or had a parent or legal guardian in the United States who is available to provide care and physical custody; and (4) for whom USCIS has not adjudicated the individual’s asylum application on the merit

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Counsel

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

U.S. Department of Homeland Security (Washington), Federal

Defendant Type(s):

Jurisdiction-wide