Case: Central American Resource Center v. Cuccinelli

1:20-cv-02363 | U.S. District Court for the District of Columbia

Filed Date: Aug. 26, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 26, 2020, a legal services provider and seven individuals with Temporary Protected Status (TPS) filed this lawsuit in the U.S. District Court for the District of Columbia against U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS). The individual plaintiffs, along with the Central American Resource Center (CARECEN), challenged a new “policy alert” from the government (“the Policy”) that dismantled TPS beneficiaries’ means of obtaining lawful…

On August 26, 2020, a legal services provider and seven individuals with Temporary Protected Status (TPS) filed this lawsuit in the U.S. District Court for the District of Columbia against U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS). The individual plaintiffs, along with the Central American Resource Center (CARECEN), challenged a new “policy alert” from the government (“the Policy”) that dismantled TPS beneficiaries’ means of obtaining lawful permanent residency (LPR). Represented by Democracy Forward Foundation, the Catholic Legal Immigration Network (CLINIC), and Debevoise & Plimpton LLP, the plaintiffs alleged that the Policy violated the Immigration and Nationality Act (INA) (8 U.S.C. §§ 1101 et seq.), the Administrative Procedure Act (APA) (5 U.S.C. §§ 551 et seq.), equal protection under the Fifth Amendment, the Federal Vacancies Reform Act, and the Appointments Clause. The plaintiffs sought declaratory and injunctive relief, vacatur of the Policy, and fees under the APA and INA. The case was assigned to Judge Reggie B. Walton.

The complaint explained that immigrants with TPS are protected from deportation so long as their home countries are afflicted by armed conflict, natural disaster, or epidemic. However, so long as immigrants with TPS remain in the U.S., they are under an “awaiting deportation” status. This prevents them from becoming lawful permanent residents, and once their home country is deemed safe, they will be deported.

The plaintiffs claimed that, since the Immigration Act of 1990 amended the INS, immigrants with TPS have been able to circumvent the “awaiting deportation” status by leaving the country and coming back through lawful channels. This is based on the wording of the statute, which states that any immigrant “ordered deported or removed … who has left the United States, shall be considered to have been deported or removed in pursuance of law.” 8 U.S.C. § 1101(g) (emphasis added).

According to the complaint, on December 20, 2019, the Office of the Director of USCIS issued the Policy, purporting to clarify the status of TPS beneficiaries who left the country. It determined that lawful return to the U.S. removes awaiting deportation status, thereby eliminating the method by which TPS beneficiaries could become eligible for LPR. The plaintiffs argued that the government neither provided any reasoning for the “clarification,” nor acknowledged that this shift would depart from decades of practice and literal interpretation of statute.

The Policy, the plaintiffs said, was particularly devastating because TPS status was removed from several countries that were still afflicted by substantial instability, including Sudan, Nicaragua, Nepal, Honduras, Haiti, and El Salvador (though as of November 13, 2020, their TPS status was nonetheless being maintained by a preliminary injunction issued in another case challenging DHS's TPS rules. See Ramos v. Nielsen). Lacking a means to LPR, immigrants from these countries who previously had TPS, and who would face great danger if forced to return, would have no legal recourse to allow them to stay in the U.S. should the injunction expire.

Plaintiffs argued that the Policy facially violated the previously mentioned clause of the INS (8 U.S.C. § 1101(g)). The complaint further averred that it violated the APA because no notice was given and the Policy was “arbitrary, capricious, [or] an abuse of discretion.” It also stated that the Policy was driven by “animus against immigrants of color” in violation of equal protection. Moreover, the plaintiffs pointed out that the Policy was issued under the supervision of USCIS's Acting Director, who they alleged was serving in violation of the Federal Vacancies Reform Act (FVRA) and appointments clause, both because he was unqualified and because he was appointed by someone who lacked authority to appoint him. See L.M.-M. v. Cuccinelli, another challenge to the validity of the Acting Director's appointment, for more information.

On October 21, 2020, Plaintiffs filed a motion for a preliminary injunction or, in the alternative, expedited partial summary judgment. The motion was orally denied without prejudice on November 12, 2020.

As of November 13, 2020, the court is awaiting the defendant’s answer to the complaint, which is due by December 4, 2020. The case is ongoing.

Summary Authors

Jack Kanarek (11/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17480857/parties/central-american-resource-center-v-cuccinelli-ii/


Judge(s)
Attorney for Plaintiff

Amler, James B (District of Columbia)

Ganapathy, Tara (District of Columbia)

Jenkins, Bradley (Maryland)

Attorney for Defendant

Dodge, Christopher D. (Massachusetts)

Jones, Sian (District of Columbia)

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Documents in the Clearinghouse

Document

1:20-cv-02363

Docket [PACER]

Nov. 12, 2020

Nov. 12, 2020

Docket
1

1:20-cv-02363

Complaint for Declaratory and Injunctive Relief

Central American Resource Center v. Cuccinelli II

Aug. 26, 2020

Aug. 26, 2020

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17480857/central-american-resource-center-v-cuccinelli-ii/

Last updated Feb. 19, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against KENNETH T. CUCCINELLI, II, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF ( Filing fee $ 400 receipt number ADCDC-7509803) filed by MARIA FLORISELDA ALVAREZ GOMEZ, JOSE OSCAR VELASCO GARCIA, JUAN FRANCISCO MEDINA, BLANCA MIRNA ROMERO DEL CID, YOLANDA MARITZA RAMIREZ MARTINEZ, CENTRAL AMERICAN RESOURCE CENTER, VILMA HAYDEE HERNANDEZ, HEROLDINE BAZILE. (Attachments: # 1 Civil Cover Sheet)(Seel, Benjamin) (Entered: 08/26/2020)

1 Civil Cover Sheet

View on PACER

Aug. 26, 2020

Aug. 26, 2020

RECAP
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests indicating no parent companies, subsidiaries, affiliates, or companies own at least 10% of the stock by CENTRAL AMERICAN RESOURCE CENTER (Seel, Benjamin) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
3

MOTION for Leave to use Alternate Address by MARIA FLORISELDA ALVAREZ GOMEZ, HEROLDINE BAZILE, VILMA HAYDEE HERNANDEZ, JUAN FRANCISCO MEDINA, YOLANDA MARITZA RAMIREZ MARTINEZ, BLANCA MIRNA ROMERO DEL CID, JOSE OSCAR VELASCO GARCIA (Attachments: # 1 Declaration of Blanca Mirna Romero Del Cid, # 2 Declaration of Jose Oscar Velasco Garcia, # 3 Declaration of Vilma Haydee Hernandez, # 4 Declaration of Heroldine Bazile, # 5 Declaration of Juan Francisco Medina, # 6 Declaration of Maria Floriselda Alvarez Gomez, # 7 Declaration Yolanda Maritza Ramirez Martinez, # 8 Text of Proposed Order)(Seel, Benjamin) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
4

NOTICE of Appearance by Bradley Jenkins on behalf of All Plaintiffs (Jenkins, Bradley) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
5

NOTICE of Appearance by Sean A. Lev on behalf of MARIA FLORISELDA ALVAREZ GOMEZ, HEROLDINE BAZILE, CENTRAL AMERICAN RESOURCE CENTER, VILMA HAYDEE HERNANDEZ, JUAN FRANCISCO MEDINA, YOLANDA MARITZA RAMIREZ MARTINEZ, BLANCA MIRNA ROMERO DEL CID, JOSE OSCAR VELASCO GARCIA (Lev, Sean) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
6

NOTICE of Appearance by John T. Lewis, III on behalf of MARIA FLORISELDA ALVAREZ GOMEZ, HEROLDINE BAZILE, CENTRAL AMERICAN RESOURCE CENTER, VILMA HAYDEE HERNANDEZ, JUAN FRANCISCO MEDINA, YOLANDA MARITZA RAMIREZ MARTINEZ, BLANCA MIRNA ROMERO DEL CID, JOSE OSCAR VELASCO GARCIA (Lewis, John) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
7

REQUEST FOR SUMMONS TO ISSUE to Kenneth T. Cuccinelli, II re 1 Complaint,, filed by MARIA FLORISELDA ALVAREZ GOMEZ, JOSE OSCAR VELASCO GARCIA, JUAN FRANCISCO MEDINA, BLANCA MIRNA ROMERO DEL CID, YOLANDA MARITZA RAMIREZ MARTINEZ, CENTRAL AMERICAN RESOURCE CENTER, VILMA HAYDEE HERNANDEZ, HEROLDINE BAZILE. Related document: 1 Complaint,, filed by VILMA HAYDEE HERNANDEZ, JUAN FRANCISCO MEDINA, YOLANDA MARITZA RAMIREZ MARTINEZ, MARIA FLORISELDA ALVAREZ GOMEZ, HEROLDINE BAZILE, JOSE OSCAR VELASCO GARCIA, BLANCA MIRNA ROMERO DEL CID, CENTRAL AMERICAN RESOURCE CENTER. (Attachments: # 1 Summons request for issuance to U.S. Citizenship and Immigration Services, # 2 Summons request for issuance to Chad Wolf, # 3 Summons request for issuance to Department of Homeland Security, # 4 Summons request for issuance to William P. Barr, U.S. Attorney General, # 5 Summons request for issuance to the United States Attorney's Office for the District of Columbia)(Seel, Benjamin) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER

Case assigned to Judge Reggie B. Walton. (zmc)

Aug. 26, 2020

Aug. 26, 2020

PACER
8

NOTICE of Appearance by Tara Ganapathy on behalf of MARIA FLORISELDA ALVAREZ GOMEZ, HEROLDINE BAZILE, CENTRAL AMERICAN RESOURCE CENTER, VILMA HAYDEE HERNANDEZ, JUAN FRANCISCO MEDINA, YOLANDA MARITZA RAMIREZ MARTINEZ, BLANCA MIRNA ROMERO DEL CID, JOSE OSCAR VELASCO GARCIA (Ganapathy, Tara) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER

Case Assigned/Reassigned

Aug. 26, 2020

Aug. 26, 2020

PACER
9

SUMMONS (6) Issued Electronically as to KENNETH T. CUCCINELLI, II, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER

MINUTE ORDER. Upon consideration of the plaintiffs' 3 Motion for Leave to Use Alternate Address, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is hereby ORDERED that the Clerk of the Court shall permit the plaintiffs to proceed with the alternate address provided. Signed by Judge Reggie B. Walton on September 11, 2020. (lcrbw1)

Sept. 11, 2020

Sept. 11, 2020

PACER

Order on Motion for Miscellaneous Relief

Sept. 11, 2020

Sept. 11, 2020

PACER
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH T. CUCCINELLI, II served on 8/31/2020; U.S. CITIZENSHIP AND IMMIGRATION SERVICES served on 8/31/2020; U.S. DEPARTMENT OF HOMELAND SECURITY served on 8/31/2020; CHAD WOLF served on 8/31/2020 (Attachments: # 1 Affidavit /Declaration of Service of Michael Corleone, # 2 Exhibit A) Postal Service Track and Confirm Sheet for the Washington D.C. U.S. Attorneys Office, # 3 Exhibit B) U.S. Postal Service Track and Confirm Sheet for U.S. Attorney Generals Office, # 4 Exhibit C) U.S. Postal Service Track and Confirm Sheet for Kenneth T. Cuccinelli II, # 5 Exhibit D) U.S. Postal Service Track and Confirm Sheet for US Citizenship and Immigration Services., # 6 Exhibit E) U.S. Postal Service Track and Confirm Sheet for Chad Wolf, # 7 Exhibit F) U.S. Postal Service Track and Confirm Sheet for Department of Homeland Security)(Ganapathy, Tara) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/31/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/31/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 10/30/2020.)(View Docket Entry 10 to view document). (eg) (Entered: 09/17/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
11

NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER

Summons Returned Executed as to US Attorney AND Summons Returned Executed as to U.S. Attorney General

Sept. 17, 2020

Sept. 17, 2020

PACER
13

GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on September 24, 2020. (lcrbw1) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James B. Amler, Filing fee $ 100, receipt number ADCDC-7741472. Fee Status: Fee Paid. by MARIA FLORISELDA ALVAREZ GOMEZ, HEROLDINE BAZILE, CENTRAL AMERICAN RESOURCE CENTER, VILMA HAYDEE HERNANDEZ, JUAN FRANCISCO MEDINA, YOLANDA MARITZA RAMIREZ MARTINEZ, BLANCA MIRNA ROMERO DEL CID, JOSE OSCAR VELASCO GARCIA (Attachments: # 1 Declaration of James B. Amler in Support, # 2 Text of Proposed Order)(Ganapathy, Tara) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
15

MOTION for Preliminary Injunction or, in the alternative, Expedited Partial Summary Judgment by MARIA FLORISELDA ALVAREZ GOMEZ, HEROLDINE BAZILE, CENTRAL AMERICAN RESOURCE CENTER, VILMA HAYDEE HERNANDEZ, JUAN FRANCISCO MEDINA, YOLANDA MARITZA RAMIREZ MARTINEZ, BLANCA MIRNA ROMERO DEL CID, JOSE OSCAR VELASCO GARCIA (Attachments: # 1 Index of Exhibits, # 2 Exhibit Romero Declaration, # 3 Exhibit Velasco Declaration, # 4 Exhibit Hernandez Declaration, # 5 Exhibit Bazile Declaration, # 6 Exhibit Medina Declaration, # 7 Exhibit Alvarez Declaration, # 8 Exhibit Ramirez Declaration, # 9 Exhibit Vasquez Declaration, # 10 Text of Proposed Order)(Seel, Benjamin). Added MOTION for Partial Summary Judgment on 10/22/2020 (znmw). (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
16

AFFIDAVIT re 15 MOTION for Preliminary Injunction or, in the alternative, Expedited Partial Summary Judgment (Exhibit Augustin Declaration) by MARIA FLORISELDA ALVAREZ GOMEZ, HEROLDINE BAZILE, CENTRAL AMERICAN RESOURCE CENTER, VILMA HAYDEE HERNANDEZ, JUAN FRANCISCO MEDINA, YOLANDA MARITZA RAMIREZ MARTINEZ, BLANCA MIRNA ROMERO DEL CID, JOSE OSCAR VELASCO GARCIA. (Seel, Benjamin) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER

MINUTE ORDER. The Court requiring additional information before resolving the plaintiffs' Motion for a Preliminary Injunction or, in the Alternative, Expedited Partial Summary Judgment and Supporting Memorandum, it is hereby ORDERED that on October 30, 2020, at 2:00 p.m., the parties shall appear before the Court for a motion hearing via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on October 22, 2020. (lcrbw1)

Oct. 22, 2020

Oct. 22, 2020

PACER
17

NOTICE of Appearance by Rebecca H. Scholtz on behalf of All Plaintiffs (Scholtz, Rebecca) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER

Set/Reset Hearings: Motion Hearing set for 10/30/2020 at 02:00 PM by Telephonic/VTC before Judge Reggie B. Walton. (hs)

Oct. 22, 2020

Oct. 22, 2020

PACER

.Order

Oct. 22, 2020

Oct. 22, 2020

PACER

Set/Reset Hearings

Oct. 22, 2020

Oct. 22, 2020

PACER
18

NOTICE Of Intent To Move For Transfer Of Venue by KENNETH T. CUCCINELLI, II, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF (Jones, Sian) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
19

MOTION to Change Venue, MOTION for Extension of Time to Respond to Complaint by KENNETH T. CUCCINELLI, II, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Text of Proposed Order)(Jones, Sian) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
20

MOTION for Extension of Time to File Opposition by KENNETH T. CUCCINELLI, II, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
21

Memorandum in opposition to re 19 MOTION to Change Venue MOTION for Extension of Time to Respond to Complaint / Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Transfer Venue and Motion for an Extension of Time filed by MARIA FLORISELDA ALVAREZ GOMEZ, HEROLDINE BAZILE, CENTRAL AMERICAN RESOURCE CENTER, VILMA HAYDEE HERNANDEZ, JUAN FRANCISCO MEDINA, YOLANDA MARITZA RAMIREZ MARTINEZ, BLANCA MIRNA ROMERO DEL CID, JOSE OSCAR VELASCO GARCIA. (Attachments: # 1 Exhibit A - TPS Policy Change, # 2 Text of Proposed Order)(Ganapathy, Tara) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER

MINUTE ORDER. Due to a change in the Court's calendar, it is hereby ORDERED that the motion hearing scheduled for October 30, 2020, at 2:00 p.m., is CONTINUED to October 30, 2020, at 3:00 p.m. Signed by Judge Reggie B. Walton on October 29, 2020. (lcrbw1)

Oct. 29, 2020

Oct. 29, 2020

PACER

Set/Reset Hearings: Motion Hearing reset for 10/30/2002 at 03:00 PM by Telephonic/VTC before Judge Reggie B. Walton. (hs)

Oct. 30, 2020

Oct. 30, 2020

PACER
22

NOTICE of Appearance by Christopher D. Dodge on behalf of All Defendants (Dodge, Christopher) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER

MINUTE ORDER. The Court having considered the plaintiffs' 14 Motion to Admit James B. Amler Pro Hac Vice, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that James B. Amler, Debevoise & Plimpton, 919 Third Avenue, New York, NY 10022, is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Reggie B. Walton on October 30, 2020. (lcrbw1)

Oct. 30, 2020

Oct. 30, 2020

PACER
23

REPLY to opposition to motion re 20 MOTION for Extension of Time to File Opposition filed by KENNETH T. CUCCINELLI, II, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF. (Jones, Sian) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER

.Order

Oct. 30, 2020

Oct. 30, 2020

PACER

Set/Reset Hearings

Oct. 30, 2020

Oct. 30, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 30, 2020

Oct. 30, 2020

PACER
24

TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on October 30, 2020; Page Numbers: 1 - 6. Court Reporter/Transcriber Cathryn Jones, Telephone number 202 354-3246, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/23/2020. Redacted Transcript Deadline set for 12/3/2020. Release of Transcript Restriction set for 1/31/2021.(Jones, Cathryn) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
25

ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before November 5, 2020, the defendants shall file their reply in support of their 19 Defendants' 1 Motion to Transfer Venue and 2 Motion for Extension of Time to Respond to Complaint. It is further ORDERED that on November 12, 2020, at 9:30 a.m., the parties shall appear before the Court for a motion hearing via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that the defendants' 20 Motion for an Extension of Time to File Opposition is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent that the defendants seek an extension of the deadline by which they must file their opposition to the plaintiffs' 15 Motion for a Preliminary Injunction or, in the Alternative, Expedited Partial Summary Judgment and Supporting Memorandum. The motion is DENIED in all other respects. It is further ORDERED that the deadline by which the defendants must file their opposition to the plaintiffs' 15 Motion for a Preliminary Injunction or, in the Alternative, Expedited Partial Summary Judgment and Supporting Memorandum is VACATED pending further order of the Court. Signed by Judge Reggie B. Walton on November 2, 2020. (lcrbw1) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER

Set/Reset Hearings: Motion Hearing set for 11/12/2020 at 09:30 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs)

Nov. 3, 2020

Nov. 3, 2020

PACER

Set/Reset Hearings

Nov. 3, 2020

Nov. 3, 2020

PACER
26

REPLY to opposition to motion re 19 MOTION to Change Venue MOTION for Extension of Time to Respond to Complaint filed by KENNETH T. CUCCINELLI, II, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF. (Jones, Sian) (Entered: 11/05/2020)

Nov. 5, 2020

Nov. 5, 2020

PACER

Minute Entry for Proceedings held before Judge Reggie B. Walton: Motion Hearing held on 11/12/2020. Oral rulings issued denying 19 Motion to Change Venue; granting 19 Motion for Extension of Time to respond; denying without prejudice 15 Motion for Preliminary Injunction. Government's Answer to the complaint due by 12/4/2020. Joint Proposed Briefing Schedule due by 11/23/2020). Scheduling Order to issue from Chambers. (Court Reporter Cathryn Jones) (hs)

Nov. 12, 2020

Nov. 12, 2020

PACER

Motion Hearing AND Order on Motion for Partial Summary Judgment AND ~Util - Set/Reset Deadlines/Hearings AND Order on Motion for Extension of Time to AND Order on Motion to Change Venue AND Order on Motion for Preliminary Injunction

Nov. 12, 2020

Nov. 12, 2020

PACER

~Util - Set/Reset Deadlines/Hearings AND Motion Hearing AND Order on Motion to Change Venue AND Order on Motion for Partial Summary Judgment AND Order on Motion for Extension of Time to AND Order on Motion for Preliminary Injunction

Nov. 12, 2020

Nov. 12, 2020

PACER

Motion Hearing AND Order on Motion for Partial Summary Judgment AND Order on Motion for Extension of Time to AND ~Util - Set/Reset Deadlines/Hearings AND Order on Motion for Preliminary Injunction AND Order on Motion to Change Venue

Nov. 12, 2020

Nov. 12, 2020

PACER

~Util - Set/Reset Deadlines/Hearings AND Order on Motion to Change Venue AND Motion Hearing AND Order on Motion for Partial Summary Judgment AND Order on Motion for Extension of Time to AND Order on Motion for Preliminary Injunction

Nov. 12, 2020

Nov. 12, 2020

PACER

Motion Hearing AND ~Util - Set/Reset Deadlines/Hearings AND Order on Motion for Partial Summary Judgment AND Order on Motion to Change Venue AND Order on Motion for Extension of Time to AND Order on Motion for Preliminary Injunction

Nov. 12, 2020

Nov. 12, 2020

PACER

Motion Hearing AND Order on Motion for Partial Summary Judgment AND Order on Motion for Extension of Time to AND Order on Motion for Preliminary Injunction AND ~Util - Set/Reset Deadlines/Hearings AND Order on Motion to Change Venue

Nov. 12, 2020

Nov. 12, 2020

PACER
27

Order on Motion for Partial Summary Judgment

Nov. 13, 2020

Nov. 13, 2020

PACER
28

Notice of Appearance

Nov. 18, 2020

Nov. 18, 2020

PACER
29

Status Report

Nov. 24, 2020

Nov. 24, 2020

PACER

.Order

Dec. 1, 2020

Dec. 1, 2020

PACER

Set/Reset Hearings

Dec. 2, 2020

Dec. 2, 2020

PACER
30

Dismiss

Dec. 4, 2020

Dec. 4, 2020

PACER
31

Motion For Order

Dec. 4, 2020

Dec. 4, 2020

PACER
32

.Order

Dec. 8, 2020

Dec. 8, 2020

PACER

~Util - Set/Reset Hearings AND Status Conference

Dec. 8, 2020

Dec. 8, 2020

PACER
33

Amicus Brief

Dec. 11, 2020

Dec. 11, 2020

PACER
34

Status Report

Dec. 16, 2020

Dec. 16, 2020

PACER

~Util - Set/Reset Hearings AND Status Conference

Dec. 17, 2020

Dec. 17, 2020

PACER
35

Notice of Substitution of Counsel

Dec. 18, 2020

Dec. 18, 2020

PACER
36

.Order

Dec. 18, 2020

Dec. 18, 2020

PACER
37

Memorandum in opposition to motion

Dec. 18, 2020

Dec. 18, 2020

PACER

Set/Reset Deadlines

Dec. 21, 2020

Dec. 21, 2020

PACER
38

Extension of Time to File Response/Reply

Dec. 23, 2020

Dec. 23, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply

Dec. 23, 2020

Dec. 23, 2020

PACER

Set/Reset Deadlines

Dec. 23, 2020

Dec. 23, 2020

PACER
39

Reply to opposition to motion

Jan. 6, 2021

Jan. 6, 2021

PACER
40

Transcript

Jan. 11, 2021

Jan. 11, 2021

PACER
41

Notice of Supplemental Authority

Jan. 11, 2021

Jan. 11, 2021

PACER
42

Appear Pro Hac Vice

Jan. 12, 2021

Jan. 12, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Jan. 13, 2021

Jan. 13, 2021

PACER
43

Amend/Correct

Jan. 14, 2021

Jan. 14, 2021

PACER
44

.Order

Jan. 22, 2021

Jan. 22, 2021

PACER

Set/Reset Hearings

Jan. 22, 2021

Jan. 22, 2021

PACER

Order on Motion to Amend/Correct

Jan. 25, 2021

Jan. 25, 2021

PACER
45

Notice of Supplemental Authority

Feb. 5, 2021

Feb. 5, 2021

PACER
46

Response to (non-motion) Document

April 15, 2021

April 15, 2021

PACER

.Order

April 16, 2021

April 16, 2021

PACER

Set/Reset Hearings

April 18, 2021

April 18, 2021

PACER
47

Notice of Withdrawal of Appearance

June 30, 2021

June 30, 2021

PACER

.Order

July 9, 2021

July 9, 2021

PACER

Set/Reset Hearings

July 9, 2021

July 9, 2021

PACER

Order on Motion for Leave to File

Sept. 22, 2021

Sept. 22, 2021

PACER
48

Stay

Sept. 23, 2021

Sept. 23, 2021

PACER
49

Order on Motion to Stay AND Order on Motion for Order AND Order on Motion to Dismiss

Sept. 24, 2021

Sept. 24, 2021

PACER

Set/Reset Hearings

Sept. 27, 2021

Sept. 27, 2021

PACER
50

Notice of Withdrawal of Appearance

Sept. 27, 2021

Sept. 27, 2021

PACER
51

Notice of Withdrawal of Appearance

Sept. 27, 2021

Sept. 27, 2021

PACER
52

Notice of Withdrawal of Appearance

Sept. 27, 2021

Sept. 27, 2021

PACER
53

Amicus Brief

Sept. 29, 2021

Sept. 29, 2021

PACER
54

Notice of Withdrawal of Appearance

Sept. 29, 2021

Sept. 29, 2021

PACER
55

Stay

Nov. 3, 2021

Nov. 3, 2021

PACER

Order on Motion to Stay

Nov. 4, 2021

Nov. 4, 2021

PACER
56

Notice of Withdrawal of Appearance

Dec. 10, 2021

Dec. 10, 2021

PACER
57

Withdraw as Attorney

Dec. 21, 2021

Dec. 21, 2021

PACER
58

Status Report

Jan. 4, 2022

Jan. 4, 2022

PACER

Extension of Time to

Jan. 4, 2022

Jan. 4, 2022

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 26, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Central American Resource Center (CARECEN) and seven immigrants with Temporary Protection Status who had departed from the U.S., returned lawfully under a grant of advance parole, and would be otherwise eligible to become legal permanent residents.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Citizenship & Immigration Services (USCIS) (District of Columbia), 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.

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

Discrimination-area:

Disparate Impact

Disparate Treatment

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

Immigration/Border:

Asylum - procedure

Constitutional rights

Status/Classification

Temporary protected status

Undocumented immigrants - rights and duties

National Origin/Ethnicity:

Hispanic

Other