University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name National Immigrant Justice Center v. Executive Office for Immigration Review IM-DC-0094
Docket / Court 1:21-cv-00056 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration and/or the Border
Case Summary
This case is about a Trump Administration rule intended to create barriers for people applying for asylum in the U.S. On January 8, 2021, four immigration legal service providers—the National Immigrant Justice Center, Immigrant Defenders Law Center, Florence Immigrant and Refugee Rights Project, ... read more >
This case is about a Trump Administration rule intended to create barriers for people applying for asylum in the U.S. On January 8, 2021, four immigration legal service providers—the National Immigrant Justice Center, Immigrant Defenders Law Center, Florence Immigrant and Refugee Rights Project, and Las Americas Immigrant Advocacy Center—filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued the Executive Office for Immigration Review (EOIR) under 5 U.S.C. § 706 (Administrative Procedure Act), 5 U.S.C. § 601, et seq. (Regulatory Flexibility Act), and the Fifth Amendment. Represented by private counsel, the plaintiffs sought declaratory and injunctive relief as well as attorneys' fees. They claimed that the EOIR issued the rule without statutory authority, acted contrary to the Immigration and Nationality Act (INA), and violated the procedural due process rights of refugees. The plaintiffs also claimed that EOIR failed to undertake and publish a final regulatory flexibility analysis, as required under the Regulatory Flexibility Act (RFA).

During its final weeks in office, the Trump Administration published a new rule: Procedures for Asylum and Withholding of Removal. It was published on December 16, 2020, following a truncated 30-day comment period; it was signed only by the Director of EOIR and not by the Attorney General (or acting Attorney General). The rule was scheduled to take effect on January 15, 2021, and would impose procedural barriers for individuals seeking asylum, withholding of removal, and protection under the Convention Against Torture (CAT).

The case was assigned to Judge Reggie B. Walton. On January 12, 2021, the plaintiffs moved for a temporary restraining order, preliminary injunction, and a stay of the rule's effective date under 5 U.S.C. § 705. The court granted the motion on January 14, 2021.

As of March 4, 2021, this case is ongoing.

Lauren Yu - 03/05/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process: Procedural Due Process
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Immigration/Border
Asylum - procedure
Constitutional rights
Convention against Torture
Refugees
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Ex parte Young (federal or state officials)
Defendant(s) Acting Attorney General
Director of the Executive Office for Immigration Review
Executive Office for Immigration Review
United States Department of Justice
Plaintiff Description The National Immigrant Justice Center, Immigrant Defenders Law Center, Florence Immigrant and Refugee Rights Project, and Las Americas Immigrant Advocacy Center
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Filed 01/08/2021
Case Ongoing Yes
Court Docket(s)
No docket sheet currently in the collection
General Documents
D.D.C.
01/08/2021
Complaint [ECF# 1]
IM-DC-0094-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
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Plaintiff's Lawyers Fleming, Mark (Illinois) show/hide docs
IM-DC-0094-0001
Fox, David R. (Massachusetts) show/hide docs
IM-DC-0094-0001
Gradel, Laura Diss (Massachusetts) show/hide docs
IM-DC-0094-0001
Ledet, David (Pennsylvania) show/hide docs
IM-DC-0094-0001
Lejnieks, Kristen A. (District of Columbia) show/hide docs
IM-DC-0094-0001
Rider-Longmaid, Parker A. (District of Columbia) show/hide docs
IM-DC-0094-0001
Thompson, Sarah D. (California) show/hide docs
IM-DC-0094-0001
Zwick, C.J. (Pennsylvania) show/hide docs
IM-DC-0094-0001

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