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 |
| FORMER NATIONAL SECURITY OFFICALS, NON-PROFIT ORGANIZATIONS, KIDS IN NEED OF DEFENSE, NATIONAL CIS COUNCIL 119, THE STATES OF CALIFORNIA, MASSACHUSETTS, COLORADO, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, MAINE, MARYLAND, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, NORTH CAROLINA, OREGON, PENNSLYVANIA, RHODE ISLAND, VERMONT, VIRGINIA, and WAS, LAW SCHOOL CLINICS, 24 COUNTIES AND CITIES and OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES |
| 19-16773 |
| September 10, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 58 Filed clerk order: The reply brief [ # 56 ] submitted by Appellants 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 November 12, 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: gray. The paper copies shall be submitted to the principal office of the Clerk. [11492354] [19-16487, 19-16773] (KWG) [Entered: 11/07/2019 10:46 AM] |
| Filing 57 Filed (ECF) Errata to Opening Brief ([ # 12 ] Brief Submitted for Review (ECF Filing)). Filed 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 19-16487, 19-16773. Date of service: 11/06/2019. [11491831] [19-16487, 19-16773] (Reuveni, Erez) [Entered: 11/06/2019 06:21 PM] |
| Filing 56 Submitted (ECF) Reply 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 19-16487, 19-16773. Date of service: 11/06/2019. [11491828] [19-16487, 19-16773] (Reuveni, Erez) [Entered: 11/06/2019 06:13 PM] |
| Filing 55 Received 6 paper copies of Answering Brief [ # 17 ] filed by Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant and Innovation Law Lab in 19-16487, 19-16773. [11472309] [19-16487, 19-16773] (Sent to Panel) (RG) [Entered: 10/22/2019 07:15 AM] |
| Filing 54 Filed 4 paper copies of supplemental excerpts of record [ # 19 ] in 2 volume(s) filed by Appellees. (Sent to Panel) [11471787] [19-16487, 19-16773] (KWG) [Entered: 10/21/2019 03:16 PM] |
| Filing 53 Added Attorney(s) Karthik Reddy for party(s) Amicus Curiae Office of the United Nations High Commissioner for Refugees, in case 19-16773 Attorney(s) Karthik Reddy for party(s) Amicus Curiae Office of the United Nations High Commissioner for Refugees, in case 19-16487. [11470582] [19-16487, 19-16773] (NAC) [Entered: 10/21/2019 08:09 AM] |
| Filing 52 Filed (ECF) notice of appearance of Karthik P. Reddy (Jenner & Block LLP, 1099 New York Ave., NW, Suite 900, Washington, DC 20001) for Amicus Curiae Office of the United Nations High Commissioner for Refugees in 19-16487, 19-16773. Date of service: 10/21/2019. (Party was previously proceeding with counsel.) [11470551] [19-16487, 19-16773] (Reddy, Karthik) [Entered: 10/21/2019 07:40 AM] |
| Filing 51 Received paper copies of Amicus Brief [ # 37 ] filed by Former National Security Officals in 19-16487, 19-16773. [11469479] [19-16487, 19-16773] (Sent to Panel) (RG) [Entered: 10/18/2019 11:13 AM] |
| Filing 50 Received 7 paper copies of Amicus Brief [ # 36 ] filed by Office of the United Nations High Commissioner for Refugees in 19-16487, 19-16773. [11469018] [19-16487, 19-16773] (Sent to Panel) (RG) [Entered: 10/18/2019 07:24 AM] |
| Filing 49 Received 7 paper copies of Amicus Brief [ # 30 ] filed by Law School Clinics in 19-16487, 19-16773. [11468308] [19-16487, 19-16773] (Sent to Panel) (RG) [Entered: 10/17/2019 01:50 PM] |
| Filing 48 Filed clerk order: The answering brief [ # 17 ] submitted by appellees is filed. Appellees are ordered to file 7 copies of the brief in paper format for delivery to the Court by 5:00 p.m. on October 21, 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: red. The Court has reviewed the supplemental excerpts of record [ # 19 ] submitted by appellees. Appellees is 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 October 21, 2019, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11468168] [19-16487, 19-16773] (KWG) [Entered: 10/17/2019 01:11 PM] |
| Filing 47 Received 7 paper copies of Amicus Brief [ # 23 ] filed by The States of California in 19-16487, 19-16773. [11468011] [19-16487, 19-16773] (Sent to Panel) (RG) [Entered: 10/17/2019 12:00 PM] |
| Filing 46 Received 7 paper copies of Amicus Brief [ # 29 ] filed by 24 Counties and Cities. [11467964] [19-16487, 19-16773] (Sent to Panel) (RG) [Entered: 10/17/2019 11:44 AM] |
| Filing 45 Received 7 paper copies of Amicus Brief [ # 26 ] filed by National CIS Council 119 in 19-16487, 19-16773. [11467949] [19-16487, 19-16773] (Sent to Panel) (RG) [Entered: 10/17/2019 11:40 AM] |
| Filing 44 Filed text clerk order (Deputy Clerk: OC): Appelle's motion [ # 18 ] to file an oversized Answering Brief, is granted. Pursuant to the parties' agreement, as stated in appellees' motion, the government shall be allowed an additional 1,000 words for its reply brief. The consolidated optional reply brief is due 21 days from the date of this order. [11466798] [19-16487, 19-16773] (OC) [Entered: 10/16/2019 03:40 PM] |
| Filing 43 Received 7 paper copies of Amicus Brief [ # 35 ] filed by KIND in 19-16487, 19-16773. [11466557] [19-16487, 19-16773] (Sent to Panel) (RG) [Entered: 10/16/2019 02:40 PM] |
| Filing 42 Received 7 paper copies of Amicus Brief [ # 20 ] filed by Professors of Immigration Law (sent to panel). [11466493] [19-16487, 19-16773] (DB) [Entered: 10/16/2019 02:23 PM] |
| Filing 41 Filed clerk order: The amicus brief [ # 35 ] submitted by KIND is filed. Amicus Curiae is ordered to file 7 copies of the brief in paper format for delivery to the Court by 5:00 p.m. on October 18, 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11465586] [19-16487, 19-16773] (KWG) [Entered: 10/16/2019 09:54 AM] |
| Filing 40 Filed clerk order: The amicus brief [ # 37 ] submitted by Former National Security Officals is filed. Amici Curiae are ordered to file 7 copies of the brief in paper format for delivery to the Court by 5:00 p.m. on October 18, 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11465419] [19-16487, 19-16773] (KWG) [Entered: 10/16/2019 09:00 AM] |
| Filing 39 Filed clerk order: The amicus brief [ # 36 ] submitted by Office of the United Nations High Commissioner for Refugees is filed. Amicus Curiae is ordered to file 7 copies of the brief in paper format for delivery to the Court by 5:00 p.m. on October 18, 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11465413] [19-16487, 19-16773] (KWG) [Entered: 10/16/2019 08:56 AM] |
| Filing 38 Entered appearance of Amici Curiae KIND, Office of the United Nations High Commissioner for Refugees, and Former National Security Officals. [11465407] [19-16487, 19-16773] (KWG) [Entered: 10/16/2019 08:54 AM] |
| Filing 37 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Former National Security Officials. Date of service: 10/15/2019. [11465139] [19-16487, 19-16773] (Spector, Phillip) [Entered: 10/15/2019 08:43 PM] |
| Filing 36 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Office of the United Nations High Commissioner for Refugees. Date of service: 10/15/2019. [11465125] [19-16487, 19-16773] (Pearsall, Patrick) [Entered: 10/15/2019 08:12 PM] |
| Filing 35 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by KIDS IN NEED OF DEFENSE. Date of service: 10/15/2019. [11465072] [19-16487, 19-16773]--[COURT UPDATE: Attached corrected PDF of the brief. 10/16/2019 by KWG] (Brass, Rachel) [Entered: 10/15/2019 05:48 PM] |
| Filing 34 Filed clerk order: The amicus brief [ # 30 ] submitted by Law School Clinics and Non-Profit Organizations is filed. Amici Curiae are ordered to file 7 copies of the brief in paper format for delivery to the Court by 5:00 p.m. on October 17, 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11464981] [19-16487, 19-16773] (KWG) [Entered: 10/15/2019 04:45 PM] |
| Filing 33 Entered appearance of Amici Curiae Non-Profit Organizations and Law School Clinics. [11464977] [19-16487, 19-16773] (KWG) [Entered: 10/15/2019 04:44 PM] |
| Filing 32 Filed clerk order: The amicus brief [ # 29 ] submitted by 24 Counties and Cities is filed. Amici Curiae are ordered to file 7 copies of the brief in paper format for delivery to the Court by 5:00 p.m. on October 17, 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11464958] [19-16487, 19-16773] (KWG) [Entered: 10/15/2019 04:37 PM] |
| Filing 31 Entered appearance of Amici Curiae 24 Counties and Cities. [11464950] [19-16487, 19-16773] (KWG) [Entered: 10/15/2019 04:35 PM] |
| Filing 30 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Non-Profit Organizations and Law School Clinics in Support of Plaintiffs-Appellees and Affirmance. Date of service: 10/15/2019. [11464934] [19-16487, 19-16773] (Bookey, Blaine) [Entered: 10/15/2019 04:32 PM] |
| Filing 29 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by 24 COUNTIES AND CITIES. Date of service: 10/15/2019. [11464916] [19-16487, 19-16773] (Carter, Margaret) [Entered: 10/15/2019 04:28 PM] |
| Filing 28 Filed clerk order: The amicus brief [ # 26 ] submitted by National CIS Council 119 is filed. Amicus Curiae is ordered to file 7 copies of the brief in paper format for delivery to the Court by 5:00 p.m. on October 17, 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11464782] [19-16487, 19-16773] (KWG) [Entered: 10/15/2019 03:55 PM] |
| Filing 27 Entered appearance of Amicus Curiae National CIS Council 119. [11464777] [19-16487, 19-16773] (KWG) [Entered: 10/15/2019 03:53 PM] |
| Filing 26 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by NATIONAL CIS COUNCIL 119. Date of service: 10/15/2019. [11464720] [19-16487, 19-16773]--[COURT UPDATE: Attached corrected PDF with correct cover page. 10/15/2019 by KWG]--[COURT UPDATE: Attached PDF with corrected cover page. 10/16/2019 by KWG] (Faridi, Muhammad) [Entered: 10/15/2019 03:43 PM] |
| Filing 25 Filed clerk order: The amicus brief [ # 23 ] submitted by The State of California, et al. is filed. Amici Curiae are ordered to file 7 copies of the brief in paper format for delivery to the Court by 5:00 p.m. on October 17, 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11463751] [19-16487, 19-16773] (KWG) [Entered: 10/15/2019 10:36 AM] |
| Filing 24 Entered appearance of Amici Curiae The State of California, et al. [11463729] [19-16487, 19-16773] (KWG) [Entered: 10/15/2019 10:31 AM] |
| Filing 23 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by AMICUS BRIEF OF THE STATES OF CALIFORNIA, MASSACHUSETTS, COLORADO, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, MAINE, MARYLAND, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, NORTH CAROLINA, OREGON, PENNSLYVANIA, RHODE ISLAND, VERMONT, VIRGINIA, AND WASHINGTON, AND THE DISTRICT OF COLUMBIA IN SUPPORT OF PLAINTIFFS-APPELLEES. Date of service: 10/15/2019. [11463648] [19-16487, 19-16773] (Malouff, Marissa) [Entered: 10/15/2019 10:11 AM] |
| Filing 22 Filed clerk order: The amicus brief [ # 20 ] submitted by Professors of Immigration Law is filed. Amici Curiae are ordered to file 7 copies of the brief in paper format for delivery to the Court by 5:00 p.m. on October 17, 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11463631] [19-16487, 19-16773] (KWG) [Entered: 10/15/2019 10:09 AM] |
| Filing 21 COURT DELETED DUPLICATE ENTRY. Party was already added to the case. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [11388948-2]. Original Text: Entered appearance of Amici Curiae Professors of Immigration Law. [11463387] [19-16487, 19-16773] (KWG) [Entered: 10/15/2019 09:05 AM] |
| Filing 20 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Professors of Immigration Law. Date of service: 10/14/2019. [11463063] [19-16487, 19-16773] (Schoenfeld, Alan) [Entered: 10/14/2019 09:16 AM] |
| Filing 19 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant and Innovation Law Lab in 19-16487, 19-16773. Date of service: 10/08/2019. [11458692] [19-16487, 19-16773] (Gelernt, Lee) [Entered: 10/08/2019 07:09 PM] |
| Filing 18 Filed (ECF) Appellees Al Otro Lado, Central American Resource Center, East Bay Sanctuary Covenant and Innovation Law Lab in 19-16487, 19-16773 Unopposed Motion to file oversized brief. Date of service: 10/08/2019. [11458679] [19-16487, 19-16773] (Gelernt, Lee) [Entered: 10/08/2019 05:59 PM] |
| Filing 17 Submitted (ECF) Answering Brief for review. Submitted by Appellees Central American Resource Center, East Bay Sanctuary Covenant, Al Otro Lado and Innovation Law Lab in 19-16487, 19-16773. Date of service: 10/08/2019. [11458677] [19-16487, 19-16773]--[COURT UPDATE: Combined PDFs of the brief and certificate. 10/09/2019 by KWG] (Gelernt, Lee) [Entered: 10/08/2019 05:51 PM] |
| Filing 16 Filed 4 paper copies of excerpts of record [ # 13 ] in 2 volume(s) filed by Appellants in 19-16773. (sent to panel) [11450490] [19-16487, 19-16773] (KWG) [Entered: 10/01/2019 03:18 PM] |
| Filing 15 Received 7 paper copies of Opening Brief [ # 12 ] filed by Appellants in 19-16773. (sent to panel) [11449960] [19-16773, 19-16487] (SD) [Entered: 10/01/2019 11:40 AM] |
| Filing 14 Filed clerk order: The opening brief [ # 12 ] 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 [ # 13 ] 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 13 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 12 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 11 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entries: [ # 12 ], [ # 13 ]. Original Text: 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, John P. Sanders, U.S. Customs and Border Protection, USCIS, USDHS and USDOJ. Date of service: 09/24/2019. [11442632] [19-16773] (Reuveni, Erez) [Entered: 09/24/2019 05:35 PM] |
| Filing 10 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 9 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 8 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 7 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 6 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 5 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.[11434352][19-16773] (AD) [Entered: 09/17/2019 12:44 PM] |
| Filing 4 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 6 ]. Original Text: 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 Mediation Questionnaire. Date of service: 09/17/2019. [11434287] [19-16773] (Reuveni, Erez) [Entered: 09/17/2019 12:12 PM] |
| Filing 3 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. [ # 11427592-2 ]) for briefing on the governments emergency motion is vacated. The emergency motion (Docket Entry No. [ # 11426593-2 ]) is denied as moot. The consolidated briefing schedule established in this courts September 11, 2019 order (Docket Entry No. [ # 2 ]) continues to apply to these appeals. [11429058] [19-16487, 19-16773] (WL) [Entered: 09/12/2019 07:21 AM] |
| Filing 2 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 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. [11426889] (RT) [Entered: 09/10/2019 01:26 PM] |
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| Defendant / appellant: MATTHEW ALBENCE, Acting Director of Immigration and Customs Enforcement, in his official capacity | |
| Represented By: | Erez Reuveni |
| Represented By: | Scott Grant Stewart |
| Represented By: | Colin A. Kisor |
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| Defendant / appellant: JOHN P. SANDERS, Acting Commissioner of U.S. Customs and Border Protection, in his official capacity | |
| Represented By: | Erez Reuveni |
| Represented By: | Scott Grant Stewart |
| Represented By: | Colin A. Kisor |
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| Defendant / appellant: U.S. DEPARTMENT OF HOMELAND SECURITY | |
| Represented By: | Erez Reuveni |
| Represented By: | Scott Grant Stewart |
| Represented By: | Colin A. Kisor |
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| Defendant / appellant: EXECUTIVE OFFICE FOR IMMIGRATION REVIEW | |
| Represented By: | Erez Reuveni |
| Represented By: | Scott Grant Stewart |
| Represented By: | Colin A. Kisor |
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| Defendant / appellant: JAMES MCHENRY, Director of the Executive Office for Immigration Review, in his official capacity | |
| Represented By: | Erez Reuveni |
| Represented By: | Scott Grant Stewart |
| Represented By: | Colin A. Kisor |
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| Defendant / appellant: KENNETH T. CUCCINELLI, Acting Director of the U.S. Citizenship and Immigration Services, in his official capacity | |
| Represented By: | Erez Reuveni |
| Represented By: | Scott Grant Stewart |
| Represented By: | Colin A. Kisor |
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| Defendant / appellant: IMMIGRATION AND CUSTOMS ENFORCEMENT | |
| Represented By: | Erez Reuveni |
| Represented By: | Scott Grant Stewart |
| Represented By: | Colin A. Kisor |
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| Defendant / appellant: KEVIN K. MCALEENAN, Acting Secretary of Homeland Security, in his official capacity | |
| Represented By: | Erez Reuveni |
| Represented By: | Scott Grant Stewart |
| Represented By: | Colin A. Kisor |
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| Defendant / appellant: U.S. CUSTOMS AND BORDER PROTECTION | |
| Represented By: | Erez Reuveni |
| Represented By: | Scott Grant Stewart |
| Represented By: | Colin A. Kisor |
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| Defendant / appellant: WILLIAM P. BARR, Attorney General | |
| Represented By: | Erez Reuveni |
| Represented By: | Scott Grant Stewart |
| Represented By: | Colin A. Kisor |
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| Defendant / appellant: UNITED STATES DEPARTMENT OF JUSTICE | |
| Represented By: | Erez Reuveni |
| Represented By: | Scott Grant Stewart |
| Represented By: | Colin A. Kisor |
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| Defendant / appellant: UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES | |
| Represented By: | Erez Reuveni |
| Represented By: | Scott Grant Stewart |
| Represented By: | Colin A. Kisor |
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| Plaintiff / appellee: CENTRAL AMERICAN RESOURCE CENTER | |
| Represented By: | Spencer Elijah Wittmann Amdur |
| Represented By: | Lee P. Gelernt |
| Represented By: | Katrina Leigh Eiland |
| Represented By: | Cody Wofsy |
| Represented By: | Baher Azmy |
| Represented By: | Anand Balakrishnan |
| Represented By: | Judy Rabinovitz |
| Represented By: | Christine Patricia Sun |
| Represented By: | Jennifer C. Newell |
| Represented By: | Vasudha Talla |
| Represented By: | Julie Veroff |
| Represented By: | Omar C. Jadwat |
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| Plaintiff / appellee: INNOVATION LAW LAB | |
| Represented By: | Spencer Elijah Wittmann Amdur |
| Represented By: | Lee P. Gelernt |
| Represented By: | Katrina Leigh Eiland |
| Represented By: | Cody Wofsy |
| Represented By: | Baher Azmy |
| Represented By: | Anand Balakrishnan |
| Represented By: | Judy Rabinovitz |
| Represented By: | Christine Patricia Sun |
| Represented By: | Jennifer C. Newell |
| Represented By: | Vasudha Talla |
| Represented By: | Julie Veroff |
| Represented By: | Omar C. Jadwat |
| Represented By: | Angelica Salceda |
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| Plaintiff / appellee: EAST BAY SANCTUARY COVENANT | |
| Represented By: | Spencer Elijah Wittmann Amdur |
| Represented By: | Lee P. Gelernt |
| Represented By: | Katrina Leigh Eiland |
| Represented By: | Cody Wofsy |
| Represented By: | Baher Azmy |
| Represented By: | Anand Balakrishnan |
| Represented By: | Judy Rabinovitz |
| Represented By: | Christine Patricia Sun |
| Represented By: | Jennifer C. Newell |
| Represented By: | Vasudha Talla |
| Represented By: | Julie Veroff |
| Represented By: | Omar C. Jadwat |
| Represented By: | Angelica Salceda |
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| Plaintiff / appellee: AL OTRO LADO | |
| Represented By: | Spencer Elijah Wittmann Amdur |
| Represented By: | Lee P. Gelernt |
| Represented By: | Katrina Leigh Eiland |
| Represented By: | Cody Wofsy |
| Represented By: | Baher Azmy |
| Represented By: | Anand Balakrishnan |
| Represented By: | Judy Rabinovitz |
| Represented By: | Christine Patricia Sun |
| Represented By: | Jennifer C. Newell |
| Represented By: | Vasudha Talla |
| Represented By: | Julie Veroff |
| Represented By: | Omar C. Jadwat |
| Represented By: | Angelica Salceda |
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| Amicus curiae: FORMER NATIONAL SECURITY OFFICALS | |
| Represented By: | Phillip Spector |
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| Amicus curiae: NON-PROFIT ORGANIZATIONS | |
| Represented By: | Blaine Meredith Bookey |
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| Amicus curiae: KIDS IN NEED OF DEFENSE | |
| Represented By: | Rachel Susan Brass |
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| Amicus curiae: NATIONAL CIS COUNCIL 119 | |
| Represented By: | Muhammad Usman Faridi |
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| Amicus curiae: THE STATES OF CALIFORNIA, MASSACHUSETTS, COLORADO, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, MAINE, MARYLAND, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, NORTH CAROLINA, OREGON, PENNSLYVANIA, RHODE ISLAND, VERMONT, VIRGINIA, and WAS | |
| Represented By: | Marissa Malouff |
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| Amicus curiae: LAW SCHOOL CLINICS | |
| Represented By: | Blaine Meredith Bookey |
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| Amicus curiae: 24 COUNTIES AND CITIES | |
| Represented By: | Erin Bernstein |
| Represented By: | Margaret L. Carter |
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| Amicus curiae: OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES | |
| Represented By: | Patrick Pearsall |
| Represented By: | Karthik Reddy |
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