East Bay Sanctuary Covenant et al v. Barr et al
Several civil rights groups sued the Trump administration, challenging a new rule that would severely limit the asylum protections available under US and international law to migrants at the US-Mexico border.
| Central American Resource Center, Innovation Law Lab, East Bay Sanctuary Covenant and Al Otro Lado |
| Immigration and Customs Enforcement, John P. Sanders, Kevin K. McAleenan, U.S. Department of Homeland Security, U.S. Department of Justice, Executive Office for Immigration Review, Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services, Matthew T. Albence, William Barr, James McHenry and U.S. Customs and Border Protection |
| Blaine Bookey and Former BIA Members, Former Immigration Law Judges, and Law Professors |
| 4:2019cv04073 |
| July 16, 2019 |
| US District Court for the Northern District of California |
| San Francisco Office |
| Laurel Beeler |
| Jon S Tigar |
| Other Immigration Actions |
| 05 U.S.C. § 551 |
| None |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 93 Order by Judge Jon S. Tigar granting 87 Motion to Stay. (mllS, COURT STAFF) (Filed on 11/19/2019) |
| *** Attorney Mary Catherine Bauer terminated. 92 NOTICE of Change In Counsel. (jmlS, COURT STAFF) (Filed on 11/15/2019) |
| Filing 92 NOTICE of Change In Counsel by Melissa E Crow (Crow, Melissa) (Filed on 11/15/2019) |
| Filing 91 Order by Judge Jon S. Tigar granting 90 Stipulation.The Court has received the parties' stipulation to extend Defendants' deadline to file a motion to dismiss or other responsive pleading to 30 days from the date the Court rules on the government's motion to stay. ECF No. 90 . The Court orders that this deadline shall be extended to January 17, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jstlc1S, COURT STAFF) (Filed on 11/7/2019) |
| Filing 90 STIPULATION WITH PROPOSED ORDER on deadlines filed by Matthew T. Albence, William Barr, Blaine Bookey, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Reuveni, Erez) (Filed on 11/7/2019) Modified on 11/8/2019 (jmlS, COURT STAFF). |
| Filing 89 CLERK'S NOTICE Continuing Motion Hearing and Case Management Conference. Motion Hearing set for 12/4/2019 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Case Management Statement due by 12/10/2019. Initial Case Management Conference set for 12/17/2019 02:00 PM in Oakland, Courtroom 6, 2nd Floor. Set/Reset Deadlines as to 87 MOTION to Stay case pending appeal and stay deadlines pending resolution of this motion. (This is a text-only entry generated by the court. There is no document associated with this entry.). (Related documents(s) 87 )(mllS, COURT STAFF) (Filed on 10/29/2019) |
Filing 88
ORDERIn light of Defendants' motion to stay proceedings pending resolution of their appeal, ECF No. 87 , the case management conference currently scheduled for November 7, 2019 is continued to December 17, 2019. Signed by Judge Jon S. Tigar on October 28, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jstlc1S, COURT STAFF) (Filed on 10/28/2019)
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| Filing 87 MOTION to Stay case pending appeal and stay deadlines pending resolution of this motion filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. Motion Hearing set for 10/22/2019 10:00 AM in Oakland, Chambers before Judge Jon S. Tigar. Responses due by 11/8/2019. Replies due by 11/15/2019. (Attachments: # 1 Proposed Order)(Reuveni, Erez) (Filed on 10/25/2019) |
| Filing 86 NOTICE of Change In Counsel by Angelica Salceda Notice of Withdrawal Christine P. Sun as Counsel (Salceda, Angelica) (Filed on 9/23/2019) |
| Filing 85 Order by Judge Jon S. Tigar finding as moot 77 Motion to Stay.(mllS, COURT STAFF) (Filed on 9/12/2019) |
| Filing 84 NOTICE by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice (joint notice concerning service and deadlines) (Reuveni, Erez) (Filed on 9/12/2019) |
| Filing 83 SUMMONS Returned Executed by Al Otro Lado, East Bay Sanctuary Covenant, Innovation Law Lab, Central American Resource Center. All Defendants. (Eiland, Katrina) (Filed on 9/12/2019) |
| Filing 82 Joint Statement Concerning Defendants' Emergency Stay Motion by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Attachments: # 1 Proposed Order)(Gelernt, Lee) (Filed on 9/12/2019) Modified on 9/12/2019 (jmlS, COURT STAFF). |
| Filing 81 TRANSCRIPT ORDER for proceedings held on 9/5/2019 before Judge Jon S. Tigar by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab, for Court Reporter Pam Batalo. (Eiland, Katrina) (Filed on 9/10/2019) |
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Filing 80
ORDER The Court notes Defendants' emergency motion to stay the Court's preliminary injunction order pending appeal. ECF No. 77 . Although Defendants have not filed a motion for order shortening time, the Court on its own motion orders Plaintiffs to file an opposition by September 13, 2019. The Court will then take the matter under submission without a hearing. Signed by Judge Jon S. Tigar on September 10, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jstlc1S, COURT STAFF) (Filed on 9/10/2019)
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| Filing 79 Summons Issued as to David L. Anderson, U.S. Attorney for the Northern District of California. (jjbS, COURT STAFF) (Filed on 9/10/2019) |
| Filing 78 USCA Case Number 19-16773 Ninth Circuit Court of Appeals for 75 Notice of Appeal filed by U.S. Department of Homeland Security, Matthew T. Albence, U.S. Customs and Border Protection, William Barr, U.S. Department of Justice, Kenneth T. Cuccinelli, James McHenry, U.S. Citizenship and Immigration Services, Kevin K. McAleenan, Executive Office for Immigration Review, Immigration and Customs Enforcement, John P. Sanders. (cjlS, COURT STAFF) (Filed on 9/10/2019) |
| Filing 77 Emergency MOTION to Stay re 73 Order on Motion for Miscellaneous Relief (CORRECTED) filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. Motion Hearing set for 10/2/2019 09:30 AM in Oakland, Chambers before Judge Jon S. Tigar. Responses due by 9/24/2019. Replies due by 10/1/2019. (Attachments: # 1 Proposed Order)(Reuveni, Erez) (Filed on 9/10/2019) |
| Filing 76 Emergency MOTION to Stay re 73 Order on Motion for Miscellaneous Relief filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. Motion Hearing set for 10/2/2019 09:30 AM in Oakland, Chambers before Judge Jon S. Tigar. Responses due by 9/24/2019. Replies due by 10/1/2019. (Attachments: # 1 Proposed Order)(Reuveni, Erez) (Filed on 9/10/2019) |
| Filing 75 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. Appeal of Order on Motion for Miscellaneous Relief 73 (Appeal fee FEE WAIVED.) (Reuveni, Erez) (Filed on 9/10/2019) |
| Filing 74 Proposed Summons. (Eiland, Katrina) (Filed on 9/10/2019) |
| Filing 73 Order by Judge Jon S. Tigar granting 57 Motion to Consider Supplemental Evidence and Restore the Nationwide Scope of Injunction.(mllS, COURT STAFF) (Filed on 9/9/2019) |
| Filing 72 Transcript of Proceedings held on 09/05/19, before Judge Tigar. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 71 Transcript Order, ) Redaction Request due 9/27/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/5/2019. (Related documents(s) 71 ) (Batalo, Pam) (Filed on 9/6/2019) |
| Filing 71 TRANSCRIPT ORDER for proceedings held on 09/05/2019 before Judge Jon S. Tigar by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, for Court Reporter Pam Batalo. (Genova, Francesca) (Filed on 9/6/2019) |
| Filing 70 Order by Judge Jon S. Tigar granting 68 Administrative Motion to File Under Seal.(mllS, COURT STAFF) (Filed on 9/5/2019) |
| Filing 69 Minute Entry for proceedings held before Judge Jon S. Tigar: Motion Hearing held on 9/5/2019. re 57 Emergency MOTION to Consider Supplemental Evidence and Restore the Nationwide Scope of Injunction filed by East Bay Sanctuary Covenant, Innovation Law Lab, Central American Resource Center, Al Otro Lado. Argument heard from both parties. Motion taken under submission. Written order to issue.Total Time in Court: 35 minutes. Court Reporter: Pamela Hebel. Plaintiff Attorney: Lee Gelernt, Julie Veroff, Katrina Eiland, Morgan Russell. Defendant Attorney: Scott Stewart. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Date Filed: 9/5/2019) |
| Filing 68 Administrative Motion to File Under Seal portions of ECF 65-1 and 65-3 filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit EOIR Guidance, redacted, #4 Exhibit EOIR Guidance, unredacted, #5 Exhibit ICE Guidance, redacted, #6 Exhibit ICE Guidance, unredacted)(Reuveni, Erez) (Filed on 9/3/2019) Modified on 9/4/2019 (ajsS, COURT STAFF). |
| Filing 67 REPLY (re #57 Emergency MOTION to Consider Supplemental Evidence and Restore the Nationwide Scope of Injunction ) filed byAl Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Gelernt, Lee) (Filed on 9/3/2019) |
| #Electronic filing error. NOTICE TO COUNSEL: Document includes redacted pages. A written request must be filed to seal documents. Please see Local Rules 79-5 and re-file in its entirety. Re: #66 Errata, filed by U.S. Department of Homeland Security, Matthew T. Albence, U.S. Customs and Border Protection, William Barr, U.S. Department of Justice, Kenneth T. Cuccinelli, James McHenry, U.S. Citizenship and Immigration Services, Kevin K. McAleenan, Executive Office for Immigration Review, Immigration and Customs Enforcement, John P. Sanders, #65 Opposition/Response to Motion,, filed by U.S. Department of Homeland Security, Matthew T. Albence, U.S. Customs and Border Protection, William Barr, U.S. Department of Justice, Kenneth T. Cuccinelli, U.S. Citizenship and Immigration Services, James McHenry, Kevin K. McAleenan, Immigration and Customs Enforcement, Executive Office for Immigration Review, John P. Sanders (jjbS, COURT STAFF) (Filed on 8/30/2019) |
| Filing 66 ERRATA re #65 Opposition/Response to Motion,, (substituting attached documents in place of Exhibits B in ECF 65-2)) by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: #1 Exhibit Ex. B (USCIS Guidance), #2 Exhibit Ex. B (USCIS Guidance))(Reuveni, Erez) (Filed on 8/29/2019) Modified on 8/30/2019 (cpS, COURT STAFF). |
| Filing 65 OPPOSITION/RESPONSE (re #57 Emergency MOTION to Consider Supplemental Evidence and Restore the Nationwide Scope of Injunction ) (corrected, with exhibits) filed byMatthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: #1 Exhibit Ex. A (EOIR Guidance), #2 Exhibit Ex. B (USCIS Guidance), #3 Exhibit Ex. C (ICE Guidance))(Reuveni, Erez) (Filed on 8/29/2019) Modified on 8/30/2019 (cpS, COURT STAFF).***ATTACHMENT 2 RE-FILED AT DKT. #66 *** |
| Filing 64 **RE-FILED AS DOCKET NO. #65 ** OPPOSITION/RESPONSE (re #57 Emergency MOTION to Consider Supplemental Evidence and Restore the Nationwide Scope of Injunction ) filed byMatthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Reuveni, Erez) (Filed on 8/29/2019) Modified on 8/30/2019 (jjbS, COURT STAFF). |
| Filing 63 Supplemental Brief re #57 Emergency MOTION to Consider Supplemental Evidence and Restore the Nationwide Scope of Injunction filed byAl Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Related document(s) #57 ) (Gelernt, Lee) (Filed on 8/22/2019) |
| Filing 62 CLERKS NOTICE REGARDING LOCATION CHANGE FOR JUDGE JON S. TIGAR Effective August 26, 2019:Judge Jon S. Tigar's courtroom and chambers will be located at the Ronald V. Dellums Federal Building and United States Courthouse, Courtroom 6, 2nd Floor, 1301 Clay Street, Oakland, CA 94612.On or after the effective date, all court appearances, filings, and deliveries of chambers copies must be made at the Oakland Courthouse (https://cand.uscourts.gov/locations). For updated scheduling information, please visit https://cand.uscourts.gov/jst. Judge Tigar's case assignments will be updated to reflect the correct office assignment (for example: 3:19-cv-00123-JST will now be 4:19-cv-00123-JST). (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecgS-adi, COURT STAFF) (Filed on 8/21/2019) |
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Filing 61
ORDER GRANTING MOTION FOR LEAVE TO FILE AMICUS BRIEFThe Non-Profit Organizations and Law School Clinics' motion for leave to file an amicus curiae brief, ECF No. 60, is granted without objection. (This is a text-only entry generated by the court. There is no document associated with this entry.)(Entered by Judge Jon S. Tigar)
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| Filing 60 First MOTION for Leave to File Amicus Curiae Brief filed by Non-Profit Organizations and Law School Clinics filed by Blaine Bookey. (Attachments: #1 Exhibit A, #2 Proposed Order)(Bookey, Blaine) (Filed on 8/19/2019) |
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Filing 59
SCHEDULING ORDER. Signed by Judge Jon S. Tigar on August 19, 2019. (mllS, COURT STAFF) (Filed on 8/19/2019)
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Filing 58
ORDER of USCA as to #46 Notice of Appeal 19-16487, filed by U.S. Department of Homeland Security, Matthew T. Albence, U.S. Customs and Border Protection, William Barr, U.S. Department of Justice, Kenneth T. Cuccinelli, James McHenry, U.S. Citizenship and Immigration Services, Kevin K. McAleenan, Executive Office for Immigration Review, Immigration and Customs Enforcement, John P. Sanders. (wsnS, COURT STAFF) (Filed on 8/19/2019)
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| Filing 57 Emergency MOTION to Consider Supplemental Evidence and Restore the Nationwide Scope of Injunction filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. Responses due by 8/21/2019. Replies due by 8/22/2019. (Attachments: #1 Memorandum ISO Motion, #2 Supplemental Manning Declaration, #3 Supplemental Smith Declaration, #4 Ramos Declaration, #5 Alvarez Declaration, #6 Reichlin-Melnick Declaration, #7 Proposed Order)(Gelernt, Lee) (Filed on 8/19/2019) |
| Filing 56 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 10/31/2019 by 5:00 PM. Initial Case Management Conference set for 11/7/2019 02:00 PM in Oakland, Courtroom 6, 2nd Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 8/14/2019) |
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Filing 55
ORDER DENYING LEAVE TO FILE AMICUS BRIEF by Judge Jon S. Tigar. (mllS, COURT STAFF) (Filed on 8/6/2019)
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Filing 54
ORDER of USCA as to #46 Notice of Appeal 19-16487, filed by U.S. Department of Homeland Security, Matthew T. Albence, U.S. Customs and Border Protection, William Barr, U.S. Department of Justice, Kenneth T. Cuccinelli, James McHenry, U.S. Citizenship and Immigration Services, Kevin K. McAleenan, Executive Office for Immigration Review, Immigration and Customs Enforcement, John P. Sanders. (wsnS, COURT STAFF) (Filed on 8/5/2019)
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| Filing 53 MOTION for Leave to File Amicus Brief for Dismissal for Lack of Jurisdiction submitted by Duane Morley Cox. (Attachments: #1 Amicus Brief, #2 Notice of Appearance, #3 Envelope) (gbaS, COURT STAFF) (Filed on 8/2/2019) |
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Filing 52
ORDER DENYING STAY PENDING APPEAL by Judge Jon S. Tigar. (mllS, COURT STAFF) (Filed on 8/1/2019)
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| Filing 51 OPPOSITION/RESPONSE (re #47 Emergency MOTION to Stay re #42 Order on Motion for TRO, ) filed byAl Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Gelernt, Lee) (Filed on 7/31/2019) |
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Filing 50
ORDER by Judge Jon S. Tigar. The Court hereby GRANTS the government's #48 emergency motion to shorten time. Plaintiffs shall file their response to the #47 motion for a stay pending appeal by 12:00 p.m. on July 31, 2019. The Court will then take the matter under submission. The Court intends to rule on the motion for a stay by 12:00 p.m. on August 2, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jstlc1S, COURT STAFF) (Filed on 7/29/2019)
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| Filing 49 USCA Case Number 19-16487 U.S. Court of Appeals for the Ninth Circuit for #46 Notice of Appeal, filed by U.S. Department of Homeland Security, Matthew T. Albence, U.S. Customs and Border Protection, William Barr, U.S. Department of Justice, Kenneth T. Cuccinelli, James McHenry, U.S. Citizenship and Immigration Services, Kevin K. McAleenan, Executive Office for Immigration Review, Immigration and Customs Enforcement, John P. Sanders. (wsnS, COURT STAFF) (Filed on 7/29/2019) |
| Filing 48 Emergency MOTION to Shorten Time For Decision on Motion to Stay Pending Appeal filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: #1 Proposed Order)(Reuveni, Erez) (Filed on 7/29/2019) |
| Filing 47 Emergency MOTION to Stay Preliminary Injunction Order Pending Appeal re #42 Order on Motion for TRO filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. Motion Hearing set for 8/20/2019 09:30 AM in San Francisco, Courtroom 09, 19th Floor before Judge Jon S. Tigar. Responses due by 8/12/2019. Replies due by 8/19/2019. (Attachments: #(1) [Proposed] Order)(Reuveni, Erez) (Filed on 7/29/2019) |
| Filing 46 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. Appeal of Order on Motion for TRO, #42 (Appeal fee FEE WAIVED.) (Reuveni, Erez) (Filed on 7/29/2019) USCA Number 19-16487 Modified on 7/29/2019 (wsnS, COURT STAFF). |
| Filing 45 Transcript of Proceedings held on 7-24-2019, before Judge Jon S. Tigar. Court Reporter/Transcriber Debra L. Pas, CRR, telephone number (415) 431-1477/Email: Debra_Pas@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #41 Transcript Order, #40 Transcript Order, ) Release of Transcript Restriction set for 10/23/2019. (Related documents(s) #41 , #40 ) (pasdl50S, COURT STAFF) (Filed on 7/25/2019) |
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Filing 44
Order by Judge Jon S. Tigar granting #38 Motion for Pro Hac Vice as to Mary Bauer.(mllS, COURT STAFF) (Filed on 7/25/2019)
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Filing 43
Order by Judge Jon S. Tigar granting #37 Motion for Pro Hac Vice as to Melissa Crow. (mllS, COURT STAFF) (Filed on 7/25/2019)
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Filing 42
ORDER GRANTING PRELIMINARY INJUNCTION by Judge Jon S. Tigar re: #3 Motion for Temporary Restraining Order. Case Management Statement due by 10/11/2019. Initial Case Management Conference set for 10/21/2019 at 2:00 PM in Oakland, Courtroom 6, 2nd Floor. (jstlc3, COURT STAFF) (Filed on 7/24/2019)
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| Filing 41 TRANSCRIPT ORDER for proceedings held on 07/24/2019 before Judge Jon S. Tigar by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab, for Court Reporter Debra Pas. (Gelernt, Lee) (Filed on 7/24/2019) |
| Filing 40 TRANSCRIPT ORDER for proceedings held on 07/24/2019 before Judge Jon S. Tigar by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, for Court Reporter Debra Pas. (Kisor, Colin) (Filed on 7/24/2019) |
| Filing 39 Minute Entry for proceedings held on 7/24/2019 before Judge Jon S. Tigar regarding motion for temporary restraining order #3 . Hearing held and argument heard. The matter is taken under submission and the Court shall issue a written order ruling on the motion. Total Time in Court: 63 minutes. Court Reporter: Debra Pas. Plaintiff Attorneys: Lee Gelernt, Julie Veroff, Melissa Crow, Bahar Azmy, Katrina Eiland, Vasudha Talla, Angelica Salceda, and Spencer Amdur. Defendant Attorneys: Scott Stewart and Erez Reuveni. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Date Filed: 7/24/2019) |
| Filing 38 MOTION for Leave to Appear in Pro Hac Vice of Mary Bauer, (Filing Fee: $310.00, receipt number 0971-13547247) filed by East Bay Sanctuary Covenant. (Crow, Melissa) (Filed on 7/24/2019) |
| Filing 37 MOTION for Leave to Appear in Pro Hac Vice of Melissa Crow, (Filing Fee: $310.00, receipt number 0971-13547242) filed by East Bay Sanctuary Covenant. (Crow, Melissa) (Filed on 7/24/2019) |
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Filing 36
ORDER GRANTING LEAVE TO FILE AMICUS BRIEF by Judge Jon S. Tigar. (mllS, COURT STAFF) (Filed on 7/23/2019)
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| Filing 35 CLERK'S NOTICE RE: MEDIA PARTICIPATION. Members of the press wishing to listen to the proceedings scheduled for July 24, 2019, shall contact CourtCall at 1-866-582-6878 to make arrangements to do so. Recording of the hearing is prohibited. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 7/23/2019) |
| Filing 34 NOTICE of Appearance by Angelica Salceda (Salceda, Angelica) (Filed on 7/22/2019) |
| Filing 33 First MOTION for Leave to File Amicus Curiae Brief - CORRECTION OF DOCKET #32 filed by Marienna Murch. Responses due by 8/5/2019. Replies due by 8/12/2019. (Attachments: #(1) Exhibit)(Murch, Marienna) (Filed on 7/21/2019) Modified on 8/1/2019 (amgS, COURT STAFF). |
| Filing 32 First MOTION for Leave to File Amicus Curiae Brief filed by East Bay Sanctuary Covenant. Motion Hearing set for 8/5/2019 08:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Jon S. Tigar. Responses due by 8/5/2019. Replies due by 8/12/2019. (Attachments: #1 Exhibit)(Murch, Marienna) (Filed on 7/21/2019) |
| Filing 31 REPLY (re #3 MOTION for Temporary Restraining Order) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Gelernt, Lee) (Filed on 7/21/2019) |
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Filing 30
ORDERBecause the Government has now produced the administrative record and both parties will be able to rely upon it in making their arguments, and in order both to promptly provide clarity regarding the legality of the challenged regulation and to facilitate the parties' ability to seek appellate review should they so wish, the Court will inquire at the July 24, 2019 hearing whether there is any reason it should not construe Plaintiffs' motion for temporary restraining order as a motion for preliminary injunction. See Four Seasons Hotels And Resorts, B.V. v. Consorcio Barr, S.A., 320 F.3d 1205, 1210 n.3 (11th Cir. 2003) ("The district court may convert a hearing for a temporary restraining order into a hearing for a preliminary injunction as long as the adverse party had notice of the hearing."); Voth v. Mills, No. CV 09-423-HA, 2010 WL 1640401, at *1 (D. Or. Apr. 19, 2010) (converting motion for temporary restraining order to motion for preliminary injunction "on the basis that defendants were given notice and an opportunity to respond to the [m]otion"). (This is a text-only entry generated by the court. There is no document associated with this entry.) (Tigar, Jon) (Filed on 7/20/2019)
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| Filing 29 NOTICE filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice of Filing of the Administrative Record (Attachments: #1 Exhibit Administrative Record Part 1, #2 Exhibit Administrative Record Part 2, #3 Exhibit Administrative Record Part 3, #4 Exhibit Administrative Record Part 4, #5 Exhibit Administrative Record Part 5, #6 Exhibit Administrative Record Part 6, #7 Exhibit Administrative Record Part 6, #8 Exhibit Administrative Record Part 8, #9 Exhibit Administrative Record Part 9)(Reuveni, Erez) (Filed on 7/19/2019) |
| Filing 28 OPPOSITION/RESPONSE to (re #3 MOTION for Temporary Restraining Order ) filed by Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: #(1) [Proposed] Order)(Reuveni, Erez) (Filed on 7/19/2019) |
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Filing 27
Order by Judge Jon S. Tigar granting #24 Motion for Pro Hac Vice as to Omar Jadwat.(mllS, COURT STAFF) (Filed on 7/19/2019)
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| Filing 26 Summons Issued as to Defendants Matthew T. Albence, William Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, Immigration and Customs Enforcement, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security & U.S. Department of Justice. (tnS, COURT STAFF) (Filed on 7/19/2019) |
| Filing 25 Proposed Summons. (Eiland, Katrina) (Filed on 7/19/2019) |
| Filing 24 MOTION for Leave to Appear in Pro Hac Vice of Omar Jadwat, (Filing Fee: $310.00, receipt number 0971-13537122) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Jadwat, Omar) (Filed on 7/19/2019) |
| Filing 23 NOTICE of Appearance by Scott G. Stewart (Stewart, Scott) (Filed on 7/19/2019) |
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Filing 22
Order by Judge Jon S. Tigar granting #21 Motion for Pro Hac Vice as to Anand Balakrishnan.(mllS, COURT STAFF) (Filed on 7/18/2019)
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| Filing 21 MOTION for Leave to Appear in Pro Hac Vice of Anand Balakrishnan, (Filing Fee: $310.00, receipt number 0971-13533138) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Balakrishnan, Anand) (Filed on 7/18/2019) |
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Filing 20
Order by Judge Jon S. Tigar granting #9 Motion for Pro Hac Vice to Lee Gelernt. (mllS, COURT STAFF) (Filed on 7/18/2019)
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Filing 19
ORDER UNSEALING DOCKET. Signed by Judge Jon S. Tigar on July 18, 2019. (mllS, COURT STAFF) (Filed on 7/18/2019)
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Filing 18
SCHEDULING ORDER. Responses due by 7/19/2019 by 5:00 PM. Replies due by 7/21/2019 by 5:00 PM. Administrative record due by 7/23/2019 at 5:00 PM. Motion Hearing set for 7/24/2019 09:30 AM in San Francisco, Courtroom 09, 19th Floor before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on July 18, 2019. (mllS, COURT STAFF) (Filed on 7/18/2019)
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| Filing 17 NOTICE of Appearance by Christine Patricia Sun (Sun, Christine) (Filed on 7/18/2019) |
| Filing 16 NOTICE of Appearance by Vasudha Talla (Talla, Vasudha) (Filed on 7/18/2019) |
| Filing 15 Minute Entry for proceedings held before Judge Jon S. Tigar: Telephone Conference held on 7/18/2019. Parties are to meet and confer regarding the Temporary Restraining Order briefing and submit a proposed schedule by noon today. Proposed Schedule due by 7/18/2019 by 12:00 PM PST.Total Time in Court: 30 minutes. Court Reporter: Not Reported or Recorded. Plaintiff Attorney: Lee Gelernt, Melissa Crow, Julie Veroff, Bahar Azmy, Katrina Eiland. Defendant Attorney: Erez Reuveni. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Date Filed: 7/18/2019) |
| Filing 14 Case reassigned to Judge Jon S. Tigar per related case order. Judge William H. Orrick no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (srnS, COURT STAFF) (Filed on 7/18/2019) |
| Set/Reset Hearing re #13 Order Relating Case Telephone Conference set for 7/18/2019 08:30 AM in San Francisco, Chambers before Judge Jon S. Tigar. (mllS, COURT STAFF) (Filed on 7/17/2019) |
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Filing 13
ORDER RELATING CASES 18-cv-06810-JST and 19-cv-04073-WHO. Signed by Judge Jon S. Tigar on July 17, 2019. (mllS, COURT STAFF) (Filed on 7/17/2019)
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| Filing 12 NOTICE of Appearance by Spencer Elijah Wittmann Amdur (Amdur, Spencer) (Filed on 7/17/2019) |
| Filing 11 NOTICE of Appearance by Cody H. Wofsy (Wofsy, Cody) (Filed on 7/17/2019) |
| Filing 10 NOTICE of Appearance by Julie Michelle Veroff (Veroff, Julie) (Filed on 7/17/2019) |
| Filing 9 MOTION for Leave to Appear in Pro Hac Vice of Lee Gelernt, (Filing Fee: $310.00, receipt number 0971-13528529) filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Gelernt, Lee) (Filed on 7/17/2019) |
| Filing 8 NOTICE of Appearance by Erez R. Reuveni (Reuveni, Erez) (Filed on 7/17/2019) |
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Filing 7
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 7/17/19. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 7/17/2019)
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| Filing 6 Immigration Mandamus Case Procedural Order, (fabS, COURT STAFF) (Filed on 7/17/2019) |
| Filing 5 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 7/17/2019) |
| Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab.. (Eiland, Katrina) (Filed on 7/17/2019) |
| Filing 3 MOTION for Temporary Restraining Order filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant, Innovation Law Lab. (Attachments: #1 Memorandum ISO Motion for TRO, #2 Declaration Smith Declaration, #3 Declaration Pinheiro Declaration, #4 Declaration Manning Declaration, #5 Declaration Sharp Declaration, #6 Declaration Frydman Declaration, #7 Declaration Anker and Hathaway Declaration, #8 Proposed Order)(Eiland, Katrina) (Filed on 7/17/2019) |
| Filing 2 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/30/2019. (bwS, COURT STAFF) (Filed on 7/16/2019) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief (Immigration Action) against All Defendants, (Filing Fee: $400.00, receipt number 0971-13523432). Filed by Innovation Law Lab, Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant. (Attachments: #(1) Civil Cover Sheet)(Eiland, Katrina) (Filed on 7/16/2019) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief (Immigration Action) against All Defendants, (Filing Fee: $400.00, receipt number 0971-13523432). Filed by Innovation Law Lab, Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant. (Attachments: #(1) Civil Cover Sheet)(Eiland, Katrina) (Filed on 7/16/2019) |
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