East Bay Sanctuary Covenant, et al v. William Barr, et al
| MATTHEW ALBENCE, Acting Director of Immigration and Customs Enforcement, in his official capacity, JOHN P. SANDERS, Acting Commissioner of U.S. Customs and Border Protection, in his official capacity, U.S. DEPARTMENT OF HOMELAND SECURITY, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JAMES MCHENRY, Director of the Executive Office for Immigration Review, in his official capacity, KENNETH T. CUCCINELLI, Acting Director of the U.S. Citizenship and Immigration Services, in his official capacity, IMMIGRATION AND CUSTOMS ENFORCEMENT, KEVIN K. MCALEENAN, Acting Secretary of Homeland Security, in his official capacity, U.S. CUSTOMS AND BORDER PROTECTION, WILLIAM P. BARR, Attorney General, UNITED STATES DEPARTMENT OF JUSTICE and UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES |
| CENTRAL AMERICAN RESOURCE CENTER, INNOVATION LAW LAB, EAST BAY SANCTUARY COVENANT and AL OTRO LADO |
| PROFESSORS OF IMMIGRATION LAW, STATE OF ARIZONA and IMMIGRATION REFORM LAW INSTITUTE |
| 19-16487 |
| July 29, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 EAST BAY SANCTUARY COVENANT V. WILLIAM BARR
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East Bay Sanctuary Convenant v. Barr
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EAST BAY SANCTUARY COVENANT V. MERRICK GARLAND
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Docket Report
RSS Track this Docket
This docket was last retrieved on September 26, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 56 Filed clerk order: The opening brief [ # 54 ] submitted by appellants in 19-16773 is filed. Appellants are ordered to file 7 copies of the brief in paper format for delivery to the Court by 5:00 p.m. on September 30, 2019, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The Court has reviewed the excerpts of record [ # 55 ] submitted by appellants in 19-16773. Appellants are ordered to file 4 copies of the excerpts in paper format securely bound on the left side for delivery to the Court by 5:00 p.m. on September 30, 2019, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11445147] [19-16487, 19-16773] (KWG) [Entered: 09/26/2019 02:46 PM] |
| Filing 55 Submitted (ECF) excerpts of record. Submitted by Appellants Matthew Albence, William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, ICE, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Customs and Border Protection, USCIS, USDHS and USDOJ in 19-16773, 19-16487. Date of service: 09/24/2019. [11444933] [19-16773, 19-16487]--[COURT UPDATE: Backdated to reflect correct filing date. 09/26/2019 by KWG] (Reuveni, Erez) [Entered: 09/26/2019 01:41 PM] |
| Filing 54 Submitted (ECF) Opening Brief for review. Submitted by Appellants Matthew Albence, William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, ICE, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Customs and Border Protection, USCIS, USDHS and USDOJ in 19-16773, 19-16487. Date of service: 09/24/2019. [11444921] [19-16773, 19-16487]--[COURT UPDATE: Backdated to reflect correct filing date. 09/26/2019 by KWG] (Reuveni, Erez) [Entered: 09/26/2019 01:37 PM] |
| Filing 53 Attorney Christine Patricia Sun in 19-16487 and in 19-16773 substituted by Attorney Angelica Salceda in 19-16487 and in 19-16773 [11440709] [19-16487, 19-16773] (NAC) [Entered: 09/23/2019 01:08 PM] |
| Filing 52 Filed (ECF) notice of appearance of Angelica H. Salceda (ACLU Foundation of Northern California 39 Drumm Street San Francisco, CA 94111 (415) 621-2493) for Appellee East Bay Sanctuary Covenant in 19-16773. Substitution for Attorney Ms. Christine Patricia Sun for Appellees Al Otro Lado, East Bay Sanctuary Covenant and Innovation Law Lab in 19-16487. Date of service: 09/23/2019. (Party previously proceeding without counsel: No) [11440706] [19-16487, 19-16773] (Salceda, Angelica) [Entered: 09/23/2019 01:05 PM] |
| Filing 51 Notice of Oral Argument on Monday, December 2, 2019 - 09:00 A.M. - Courtroom 1 - San Francisco CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Monday, December 2, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11439705][Array,19-16487,19-16773] (AW) [Entered: 09/22/2019 06:09 AM] |
| Filing 50 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [11438009] [19-16487, 19-16773] (BLS) [Entered: 09/19/2019 05:17 PM] |
| Filing 49 The Mediation Questionnaire for this case was filed on 09/17/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11434998][19-16487] (AD) [Entered: 09/17/2019 06:44 PM] |
| Filing 48 Filed (ECF) Appellants Matthew Albence, William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, ICE, Kevin K. McAleenan, John P. Sanders, U.S. Customs and Border Protection and USCIS in 19-16487 Mediation Questionnaire. Date of service: 09/17/2019. [11434398] [19-16487, 19-16773]--[COURT ENTERED FILING. Originally filed in case 19-16773 only.] (SLM) [Entered: 09/17/2019 01:11 PM] |
| Filing 47 Filed clerk order (Deputy Clerk: MCD): The United States Supreme Court has stayed the district courts July 24, 2019 and September 9, 2019 orders in full pending the disposition of these appeals, and of any subsequent petition for a writ of certiorari by the government. The schedule established in this courts September 10, 2019 order (Docket Entry No. [ # 45 ]) for briefing on the governments emergency motion is vacated. The emergency motion (Docket Entry No. [ # 40 ]) is denied as moot. The consolidated briefing schedule established in this courts September 11, 2019 order (Docket Entry No. [ # 46 ]) continues to apply to these appeals. [11429058] [19-16487, 19-16773] (WL) [Entered: 09/12/2019 07:21 AM] |
| Filing 46 Filed clerk order (Deputy Clerk: MCD): Appeal No. 19-16773, filed September 10, 2019, is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. Appeal Nos. 19-16487 and 19-16773 are consolidated. The following briefing schedule shall apply to the consolidated appeals: The opening brief in No. 19-16487 has been filed. The opening brief in appeal No. 19-16773 is due on September 24, 2019. The consolidated answering brief is due on October 8, 2019. The consolidated optional reply is due with 21 days after service of the answering brief. No streamlined extensions of time will be approved. See 9th Cir. R. 31- 2.2(a)(3). No written motions for extension of time under Ninth Circuit Rule 31- 2.2(b) will be granted absent extraordinary circumstances. [11428500] [19-16487, 19-16773] (ME) [Entered: 09/11/2019 02:22 PM] |
| Filing 45 Filed clerk order (Deputy Clerk: MCD): The court has received appellants Renewed Emergency Motion under Circuit Rule 27-3 for Administrative Stay and Motion for Stay Pending Appeal. The motion is referred to the panel assigned to decide the merits of this appeal. Appellants request for an administrative stay is granted. The district courts September 9, 2019 order is stayed pending further order of the court. Appellants request for a decision on the emergency motion for a stay pending appeal by Friday, September 13, 2019 is denied. The opposition to the emergency motion for a stay pending appeal is due on Monday, September 16, 2019. The reply in support of the motion is due on Thursday, September 19, 2019. [11427592] (ME) [Entered: 09/10/2019 08:48 PM] |
| Filing 44 Filed (ECF) Appellees Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant and Innovation Law Lab response opposing motion ([ # 40 ] Motion (ECF Filing), [ # 40 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 09/10/2019. [11427537] [19-16487] (Gelernt, Lee) [Entered: 09/10/2019 05:27 PM] |
| Filing 43 Filed 4 paper copies of excerpts of record [ # 35 ] in 1 volume(s) filed by appellants. [11427170] (KWG) [Entered: 09/10/2019 03:00 PM] |
| Filing 42 Received 7 paper copies of Opening Brief [ # 34 ] filed by Appellants. [11426855] (Sent to Panel) (RG) [Entered: 09/10/2019 01:12 PM] |
| Filing 41 Received 7 paper copies of Amicus Brief [ # 37 ] filed by Immigration Reform Law Institute. [11426716] (Sent to Panel) (RG) [Entered: 09/10/2019 11:59 AM] |
| Filing 40 Filed (ECF) Appellants Matthew Albence, William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, ICE, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Customs and Border Protection, USCIS, USDHS and USDOJ EMERGENCY Motion to stay lower court action. Date of service: 09/10/2019. [11426593] [19-16487] (Reuveni, Erez) [Entered: 09/10/2019 11:08 AM] |
| Filing 39 Filed clerk order: The amicus brief [ # 37 ] submitted by Immigration Reform Law Institute is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11421732] (KWG) [Entered: 09/05/2019 10:13 AM] |
| Filing 38 Entered appearance of Amicus Curiae Immigration Reform Law Institute. [11421730] (KWG) [Entered: 09/05/2019 10:13 AM] |
| Filing 37 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Immigration Reform Law Institute. Date of service: 09/05/2019. [11421671] [19-16487] (Joseph, Lawrence) [Entered: 09/05/2019 09:48 AM] |
| Filing 36 Filed clerk order: The opening brief [ # 34 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The Court has reviewed the excerpts of record [ # 35 ] submitted by appellants. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11419895] (KWG) [Entered: 09/04/2019 08:47 AM] |
| Filing 35 Submitted (ECF) excerpts of record. Submitted by Appellants Matthew Albence, William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, ICE, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Customs and Border Protection, USCIS, USDHS and USDOJ. Date of service: 09/03/2019. [11419669] [19-16487] (Reuveni, Erez) [Entered: 09/03/2019 08:21 PM] |
| Filing 34 Submitted (ECF) Opening Brief for review. Submitted by Appellants Matthew Albence, William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, ICE, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Customs and Border Protection, USCIS, USDHS and USDOJ. Date of service: 09/03/2019. [11419667] [19-16487] (Reuveni, Erez) [Entered: 09/03/2019 08:20 PM] |
| Filing 33 Filed (ECF) Attorney Mr. Lee P. Gelernt for Appellees Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant and Innovation Law Lab response to notice for case being considered for oral argument. Date of service: 08/27/2019. [11411794] [19-16487] (Gelernt, Lee) [Entered: 08/27/2019 11:08 AM] |
| Filing 32 This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for December 2019 at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 immediately using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter immediately , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation). [11404409] (KS) [Entered: 08/20/2019 05:08 PM] |
| Filing 31 Filed clerk order: The amicus brief [ # 28 ] submitted by Professors of Immigration Law is filed. No paper copies are required at this time. [11399618] (SML) [Entered: 08/16/2019 10:16 AM] |
| Filing 30 Filed Order for PUBLICATION (A. WALLACE TASHIMA, MILAN D. SMITH, JR. and MARK J. BENNETT) (TASHIMA, Circuit Judge, concurring in part and dissenting in part) Appellants seek a stay pending appeal of the district courts July 24, 2019 order preliminarily enjoining the Department of Justice and Department of Homeland Securitys joint interim final rule, Asylum Eligibility and Procedural Modifications (the Rule), 84 Fed. Reg. 33,829 (July 16, 2019). The district court found that the Rule likely did not comply with the Administrative Procedure Acts (APA) notice-and-comment and 30-day grace period requirements because Appellants did not adequately support invocation of the good cause and foreign affairs exemptions under the APA. See 5 U.S.C. 553(a)(1), (b)(1)(B), (d)(3); Buschmann v. Schweiker, 676 F.2d 352, 357 (9th Cir. 1982) (good cause exemption should be interpreted narrowly so that the exception will not swallow the rule (internal citations omitted)); Yassini v. Crosland, 618 F.2d 1356, 1360 n.4 (9th Cir. 1980) (foreign affairs exemption would become distended if applied to immigration rules generally and requires showing that ordinary public noticing would provoke definitely undesirable international consequences). We conclude that Appellants have not made the required strong showing that they are likely to succeed on the merits on this issue. Hilton v. Braunskill, 481 U.S. 770, 776 (1987). Consequently, we deny the motion for stay pending appeal (Docket Entry No. [ # 3 ]) insofar as the injunction applies within the Ninth Circuit. We grant the motion for stay pending appeal insofar as the injunction applies outside the Ninth Circuit, because the nationwide scope of the injunction is not supported by the record as it stands. Cf. City and County of San Francisco v. Trump, 897 F.3d 1225, 124345 (9th Cir. 2018). [SEE ORDER FOR FULL TEXT] While this appeal proceeds, the district court retains jurisdiction to further develop the record in support of a preliminary injunction extending beyond the Ninth Circuit. Cf. Trump, 897 F.3d at 1245 (Because the record is insufficiently developed as to the question of the national scope of the injunction, we vacate the injunction to the extent that it applies outside California and remand to the district court for a more searching inquiry into whether this case justifies the breadth of the injunction imposed.). The opening brief is due September 3, 2019; the answering brief is due October 1, 2019; and the optional reply is due within 21 days after service of the answering brief. This case will be placed on a December 2019 argument calendar. The State of Arizonas amicus brief in support of Appellants motion has been filed. The Professors of Immigration Laws motion for leave to file an amicus brief in opposition to Appellants motion (Docket Entry No. [ # 28 ]) is granted, and the brief is filed. [11399362]--[Edited: attached corrected PDF of order (replaced with formatted PDF). 08/22/2019 by SLM] (MM) [Entered: 08/16/2019 08:18 AM] |
| Filing 29 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [11391515]--[Edited 08/08/2019 by MS] (MS) [Entered: 08/08/2019 02:20 PM] |
| Filing 27 Filed (ECF) Appellants Matthew Albence, William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, ICE, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Customs and Border Protection, USCIS, USDHS and USDOJ reply to response (). Date of service: 08/06/2019. [11389320] [19-16487] (Reuveni, Erez) [Entered: 08/06/2019 08:54 PM] |
| Filing 26 Entered appearance of Amicus Curiae - Pending Professors of Immigration Law. [11388948] (GV) [Entered: 08/06/2019 02:34 PM] |
| Filing 28 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Professors of Immigration Law. Date of service: 08/05/2019. [11389599]--[COURT ENTERED FILING to correct entry [24].] (SLM) [Entered: 08/07/2019 10:13 AM] |
| Filing 25 Filed (ECF) Appellees Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant and Innovation Law Lab response opposing motion ([ # 3 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 08/05/2019. [11387929] [19-16487] (Gelernt, Lee) [Entered: 08/05/2019 08:13 PM] |
| Filing 24 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 28 ]. Original Text: Filed (ECF) Professors of Immigration Law Motion to become amicus curiae. Date of service: 08/05/2019. [11387920] [19-16487] (Schoenfeld, Alan) [Entered: 08/05/2019 07:23 PM] |
| Filing 23 Filed clerk order: The amicus brief [ # 20 ] submitted by State of Arizona is filed. No paper copies are required at this time. [11387787] (GV) [Entered: 08/05/2019 04:40 PM] |
| Filing 22 Entered appearance of Amicus Curiae State of Arizona. [11387783] (GV) [Entered: 08/05/2019 04:39 PM] |
| Filing 21 Filed (ECF) Appellants Matthew Albence, William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, ICE, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Customs and Border Protection, USCIS, USDHS and USDOJ Correspondence: Notice of Errata to Emergency motion for administrative stay. Date of service: 08/05/2019. [11386973] [19-16487]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 08/06/2019 by SLM] (Reuveni, Erez) [Entered: 08/05/2019 12:00 PM] |
| Filing 20 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by State of Arizona. Date of service: 08/04/2019. [11386261] [19-16487] (Crandell, Rusty) [Entered: 08/04/2019 09:51 PM] |
| Filing 19 Filed order (A. WALLACE TASHIMA, MILAN D. SMITH, JR. and MARK J. BENNETT) The court has received appellants Emergency Motion Under Circuit Rule 27-3 For Administrative Stay and Motion for Stay Pending Appeal. The request for an immediate administrative stay is denied. The opposition to the emergency motion for a stay pending appeal is due on Monday, August 5, 2019. The optional reply in support of the emergency motion is due on Tuesday, August 6, 2019. [11386115] (SLL) [Entered: 08/02/2019 09:18 PM] |
| Filing 18 Added Attorney(s) Anand Balakrishnan for party(s) Appellee Innovation Law Lab Appellee Al Otro Lado Appellee East Bay Sanctuary Covenant Appellee Central American Resource Center, in case 19-16487. [11385773] (NAC) [Entered: 08/02/2019 03:11 PM] |
| Filing 17 Filed (ECF) notice of appearance of Anand Balakrishnan (American Civil Liberties Union, Immigrants' Rights Project, 125 Broad Street, 18th floor, New York, NY 10004) for Appellees Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant and Innovation Law Lab. Date of service: 08/02/2019. (Party previously proceeding without counsel: No) [11385766] [19-16487] (Balakrishnan, Anand) [Entered: 08/02/2019 03:09 PM] |
| Filing 16 Added Attorney(s) Omar C. Jadwat for party(s) Appellee Innovation Law Lab Appellee Al Otro Lado Appellee East Bay Sanctuary Covenant Appellee Central American Resource Center, in case 19-16487. [11385758] (NAC) [Entered: 08/02/2019 03:08 PM] |
| Filing 15 Filed (ECF) notice of appearance of Omar Jadwat (American Civil Liberties Union, Immigrants' Rights Project, 125 Broad Street, 18th floor, New York, NY 10004) for Appellees Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant and Innovation Law Lab. Date of service: 08/02/2019. (Party previously proceeding without counsel: No) [11385753] [19-16487] (Jadwat, Omar) [Entered: 08/02/2019 03:05 PM] |
| Filing 14 Added Attorney(s) Cody Wofsy for party(s) Appellee Innovation Law Lab Appellee Al Otro Lado Appellee East Bay Sanctuary Covenant Appellee Central American Resource Center, in case 19-16487. [11385743] (NAC) [Entered: 08/02/2019 03:03 PM] |
| Filing 13 Filed (ECF) notice of appearance of Cody Wofsy (American Civil Liberties Union, Immigrants' Rights Project, 39 Drumm Street, San Francisco, CA 94111) for Appellees Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant and Innovation Law Lab. Date of service: 08/02/2019. (Party previously proceeding without counsel: No) [11385742] [19-16487] (Wofsy, Cody) [Entered: 08/02/2019 03:02 PM] |
| Filing 12 Added Attorney(s) Spencer Elijah Wittmann Amdur for party(s) Appellee Innovation Law Lab Appellee Al Otro Lado Appellee East Bay Sanctuary Covenant Appellee Central American Resource Center, in case 19-16487. [11385739] (NAC) [Entered: 08/02/2019 03:01 PM] |
| Filing 11 Filed (ECF) notice of appearance of Spencer Amdur (American Civil Liberties Union, Immigrants' Rights Project, 39 Drumm Street, San Francisco, CA 94111) for Appellees Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant and Innovation Law Lab. Date of service: 08/02/2019. (Party previously proceeding without counsel: No) [11385735] [19-16487] (Amdur, Spencer) [Entered: 08/02/2019 03:00 PM] |
| Filing 10 Added Attorney(s) Julie Veroff for party(s) Appellee Innovation Law Lab Appellee Al Otro Lado Appellee East Bay Sanctuary Covenant Appellee Central American Resource Center, in case 19-16487. [11385730] (NAC) [Entered: 08/02/2019 02:58 PM] |
| Filing 9 Filed (ECF) notice of appearance of Julie Veroff (American Civil Liberties Union, Immigrants' Rights Project, 39 Drumm Street, San Francisco, CA 94111) for Appellees Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant and Innovation Law Lab. Date of service: 08/02/2019. (Party previously proceeding without counsel: No) [11385727] [19-16487] (Veroff, Julie) [Entered: 08/02/2019 02:56 PM] |
| Filing 8 Added Attorney(s) Katrina Leigh Eiland for party(s) Appellee Innovation Law Lab Appellee Al Otro Lado Appellee East Bay Sanctuary Covenant Appellee Central American Resource Center, in case 19-16487. [11385724] (NAC) [Entered: 08/02/2019 02:56 PM] |
| Filing 7 Filed (ECF) notice of appearance of Katrina Eiland (American Civil Liberties Union, Immigrants' Rights Project, 39 Drumm Street, San Francisco, CA 94111) for Appellees Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant and Innovation Law Lab. Date of service: 08/02/2019. (Party previously proceeding without counsel: No) [11385716] [19-16487] (Eiland, Katrina) [Entered: 08/02/2019 02:53 PM] |
| Filing 6 Added Attorney(s) Lee P. Gelernt for party(s) Appellee Innovation Law Lab Appellee Al Otro Lado Appellee East Bay Sanctuary Covenant Appellee Central American Resource Center, in case 19-16487. [11385624] (NAC) [Entered: 08/02/2019 02:21 PM] |
| Filing 5 Filed (ECF) notice of appearance of Lee Gelernt (American Civil Liberties Union, Immigrants' Rights Project, 125 Broad Street 18th floor, New York, NY 10004) for Appellees Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant and Innovation Law Lab. Date of service: 08/02/2019. (Party previously proceeding without counsel: No) [11385623] [19-16487] (Gelernt, Lee) [Entered: 08/02/2019 02:18 PM] |
| Filing 4 Filed (ECF) Appellees Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant and Innovation Law Lab response opposing motion ([ # 3 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 08/02/2019. [11385585] [19-16487] (Gelernt, Lee) [Entered: 08/02/2019 02:02 PM] |
| Filing 3 Filed (ECF) Appellants Matthew Albence, William P. Barr, Kenneth T. Cuccinelli, Executive Office for Immigration Review, ICE, Kevin K. McAleenan, James McHenry, John P. Sanders, U.S. Customs and Border Protection, USCIS, USDHS and USDOJ EMERGENCY Motion to stay lower court action. Date of service: 08/02/2019. [11385529] [19-16487] (Reuveni, Erez) [Entered: 08/02/2019 01:30 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): The appeal filed July 29, 2019 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than August 26, 2019; the answering brief is due September 23, 2019 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31- 2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11380309] (ME) [Entered: 07/29/2019 05:05 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows:. to be set. Preliminary Injunction Appeal. C.R. 3-3. [11379917] (RT) [Entered: 07/29/2019 03:09 PM] |
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