Yolany Padilla, et al v. ICE, et al
| JOHN P. SANDERS, Acting Commissioner of CBP, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, FKA Department of Social Services, MATTHEW ALBENCE, Acting Deputy Director of ICE, SCOTT LLOYD, Director of ORR, ELIZABETH GODFREY, Acting Director of Seattle Field Office, ICE, ALEX M. AZAR II, Secretary of HHS, OFFICE OF REFUGEE RESETTLEMENT and U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, FKA Department of Social Services |
| DAVID SHINN, Warden, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, MARC J. MOORE, Seattle Field Office Director, ICE, KIRSTJEN NIELSEN, Secretary of DHS, KEVIN K. MCALEENAN, Acting Commissioner of CBP, THOMAS HOMAN, Acting Director of ICE, U.S. CUSTOMS AND BORDER PROTECTION, LOWELL CLARK, Warden of the Northwest Detention Center in Tacoma, Washington, L. FRANCIS CISSNA, Director of USCIS, U.S. DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT, WILLIAM P. BARR, Attorney General, United States Attorney General, CHARLES INGRAM, Warden of the Federal Detention Center in SeaTac, Washington, JAMES JANECKA, Warden of the Adelanto Detention Facility and UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES |
| IBIS GUZMAN, BLANCA ORANTES, BALTAZAR VASQUEZ and YOLANY PADILLA |
| 19-35565 |
| July 5, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 Padilla v. Immigration and Customs Enforcement
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YOLANY PADILLA V. ICE
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Docket Report
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This docket was last retrieved on August 29, 2019. A more recent docket listing may be available from PACER.
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| Filing 32 Added Attorney(s) Anand Balakrishnan, Judy Rabinovitz, Michael K.T. Tan for party(s) Appellee Baltazar Vasquez Appellee Yolany Padilla Appellee Ibis Guzman Appellee Blanca Orantes. [11414675] (RL) [Entered: 08/29/2019 09:00 AM] |
| Filing 31 Filed clerk order: The answering brief [ # 26 ] submitted by appellees 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: red. The Court has reviewed the supplemental excerpts of record [ # 27 ] submitted by appellees. 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. [11414628] (KWG) [Entered: 08/29/2019 08:40 AM] |
| Filing 30 Filed (ECF) notice of appearance of Anand Balakrishnan (ACLU Foundation, Immigrants' Rights Project, 125 Broad Street, 18th Floor, New York, NY 10004) for Appellees Ibis Guzman, Blanca Orantes, Yolany Padilla and Baltazar Vasquez. Date of service: 08/29/2019. (Party previously proceeding without counsel: No) [11414506] [19-35565] (Balakrishnan, Anand) [Entered: 08/29/2019 07:09 AM] |
| Filing 29 Filed (ECF) notice of appearance of Judy Rabinovitz (ACLU Foundation, Immigrants' Rights Project, 125 Broad Street, 18th Floor, New York, NY 10004) for Appellees Ibis Guzman, Blanca Orantes, Yolany Padilla and Baltazar Vasquez. Date of service: 08/29/2019. (Party previously proceeding without counsel: No) [11414505] [19-35565] (Rabinovitz, Judy) [Entered: 08/29/2019 07:04 AM] |
| Filing 28 Filed (ECF) notice of appearance of Michael King Thomas Tan (ACLU Foundation, Immigrants' Rights Project, 125 Broad Street, 18th Floor, New York, NY 10004) for Appellees Yolany Padilla, Blanca Orantes, Baltazar Vasquez and Ibis Guzman. Date of service: 08/29/2019. (Party previously proceeding without counsel: No) [11414502] [19-35565] (Tan, Michael) [Entered: 08/29/2019 07:01 AM] |
| Filing 27 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Ibis Guzman, Blanca Orantes, Yolany Padilla and Baltazar Vasquez. Date of service: 08/28/2019. [11414457] [19-35565] (Korthuis, Aaron) [Entered: 08/28/2019 08:02 PM] |
| Filing 26 Submitted (ECF) Answering Brief for review. Submitted by Appellees Ibis Guzman, Blanca Orantes, Yolany Padilla and Baltazar Vasquez. Date of service: 08/28/2019. [11414453] [19-35565] (Korthuis, Aaron) [Entered: 08/28/2019 07:53 PM] |
| Filing 25 Filed (ECF) Acknowledgment of hearing notice by Attorney Matt Adams for Appellees Ibis Guzman, Blanca Orantes, Yolany Padilla and Baltazar Vasquez. Hearing in San Francisco on 10/22/2019 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/19/2019. [11401704] [19-35565] (Adams, Matt) [Entered: 08/19/2019 11:12 AM] |
| Filing 24 Notice of Oral Argument on Tuesday, October 22, 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 Tuesday, October 22, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11393418][Array,19-35565] (AW) [Entered: 08/11/2019 06:14 AM] |
| Filing 23 Received 7 paper copies of Opening Brief [ # 19 ] filed by Appellants. (sent to panel) [11387461] (SD) [Entered: 08/05/2019 02:50 PM] |
| Filing 22 Filed 4 paper copies of excerpts of record [ # 20 ] in 2 volumes filed by appellants. (sent to panel) [11387382] (LA) [Entered: 08/05/2019 02:33 PM] |
| Filing 21 Filed clerk order: The opening brief [ # 19 ] submitted by appellants is filed. Appellants are ordered to file 7 copies of the brief in paper format for delivery to the Court by 12:00 p.m. Pacific time on Monday, August 5, 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 [ # 20 ] submitted by appellants. Appellants are ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers, for delivery to the Court by 12:00 p.m. Pacific time on Monday, August 5, 2019. The paper copies shall be submitted to the principal office of the Clerk. [11383844] (LA) [Entered: 08/01/2019 10:27 AM] |
| Filing 20 Submitted (ECF) excerpts of record. Submitted by Appellants William P. Barr, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, ICE, Charles Ingram, Kevin K. McAleenan, Marc J. Moore, Kirstjen Nielsen, David Shinn, U.S. Customs and Border Protection and USCIS. Date of service: 07/31/2019. [11383504] [19-35565] (Bingham, Lauren) [Entered: 07/31/2019 06:29 PM] |
| Filing 19 Submitted (ECF) Opening Brief for review. Submitted by Appellants William P. Barr, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, ICE, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J. Moore, Kirstjen Nielsen, David Shinn, U.S. Customs and Border Protection, USCIS and USDHS. Date of service: 07/31/2019. [11383502] [19-35565]--[COURT UPDATE: Attached corrected PDF of brief. 08/01/2019 by LA] (Bingham, Lauren) [Entered: 07/31/2019 06:25 PM] |
| Filing 18 ENTRY UPDATED. ORIGINAL TEXT: Filed order (MARY M. SCHROEDER, WILLIAM C. CANBY and MORGAN B. CHRISTEN) The temporary stay imposed on July 12, 2019 is lifted. Appellants emergency motion for a stay of the district courts April 5, 2019 and July 2, 2019 orders pending appeal (Dkt. Entry No. [ # 10 ]) is granted in part and denied in part. Our court has interpreted Nken v. Holder, 556 U.S. 418 (2009), to stand for the proposition that a stay applicant: must show that irreparable harm is probable and either: (a) a strong likelihood of success on the merits and that the public interest does not weigh heavily against a stay; or (b) a substantial case on the merits and that the balance of hardships tips sharply in the petitioners favor. Leiva-Perez v. Holder, 640 F.3d 962, 970 (9th Cir. 2011) (emphasis added). In Part B, the district court ordered that the Bond Hearing Class is constitutionally entitled to bond hearings pending resolution of their asylum applications. The government raises a serious question whether, under 8 U.S.C. 1252(f)(1), the district court lacked the authority to enter Part B of this classwide injunctive relief. See Jennings v. Rodriguez, 138 S. Ct. 830, 844 (2018); Reno v. American-Arab Anti-Discrimination Committee, 525 U.S. 471, 48182 (1999); see also Nken, 556 U.S. at 431 (describing 1252(f)(1) as a provision prohibiting classwide injunctions against the operation of removal provisions); Hamama v. Adducci, 912 F.3d 869, 877 (6th Cir. 2018) (same). But the government does not contend that 1252(f)(1) prohibited the district court from entering an injunction with respect to the individual class representatives Part B claims. Nor has the government made a persuasive showing that it will suffer irreparable harm if it is required to provide bond hearings pending the outcome of this appeal in the same way it had done for several years before the Attorney General issued Matter of M-S-, 27 I. & N. Dec. 509, 509 (BIA 2019). See Leiva-Perez, 640 F.3d at 970. Further, the government failed to show a likelihood of success on the merits of its underlying argument that the government may indefinitely detain the plaintiffs without affording bond hearings at all. We therefore decline to stay Part B of the district courts injunction. In Part A, the district courts injunction requires that the Executive Office of Immigration Reform (EOIR) hold hearings within seven days, release any class member whose detention exceeds that limit, produce a verbatim transcript, shift the burden of proof to the Department of Homeland Security, and issue written decisions on the same day a bond hearing is held. Although the government has not been able to quantify the number of individuals who have received credible fear determinations and are subject to detention, it nevertheless makes a persuasive showing that the requirements of Part A are particularly burdensome. We conclude that permitting Part As procedural requirements to take effect pending the outcome of this appealwhich would require the government to implement a set of rules that may be only temporarywould impose short-term hardship for the government and its immigration system, and that the public interest does not weigh heavily against a stay. Accordingly, we stay Part A of the district courts injunction. This result maintains the status quo ante during what is now an expedited appeals process. See Nken, 556 U.S. at 429 (A stay simply suspend[s] judicial alteration of the status quo[.] (quoting Ohio Citizens for Responsible Energy v. NRC, 479 U.S. 1312, 1313 (1986) (Scalia, J., in chambers)). Our decision leaves the pre-existing framework in place while a merits panel resolves this appeal. Appellants request to expedite the consideration of the merits of this preliminary injunction appeal is granted. The current briefing schedule shall remain in effect. The clerk shall place this appeal on the calendar for October 2019. See 9th Cir. Gen Order 3.3(g). [11371969] (JBS) [Entered: 07/22/2019 02:43 PM] |
| Filing 17 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. The briefing schedule previously established by the court remains in effect. [11368652] (LW) [Entered: 07/18/2019 04:01 PM] |
| Filing 16 Filed (ECF) Appellants William P. Barr, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, ICE, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J. Moore, Kirstjen Nielsen, David Shinn, U.S. Customs and Border Protection, USCIS and USDHS reply to response (motion to stay lower court action). Date of service: 07/18/2019. [11368339] [19-35565] (Ramkumar, Archith) [Entered: 07/18/2019 02:08 PM] |
| Filing 15 Filed (ECF) Appellees Ibis Guzman, Blanca Orantes, Yolany Padilla and Baltazar Vasquez response opposing motion ([ # 10 ] Motion (ECF Filing), [ # 10 ] Motion (ECF Filing)). Date of service: 07/15/2019. [11362794] [19-35565] (Kang, Leila) [Entered: 07/15/2019 08:37 AM] |
| Filing 14 Filed order (MARY M. SCHROEDER, WILLIAM C. CANBY and MORGAN B. CHRISTEN): The district courts April 5, 2019 and July 2, 2019 orders are stayed temporarily, pending further order of the court, to allow briefing to be completed on appellants motion for a stay pending appeal. The opposition to the motion for a stay is due Monday, July 15, 2019 at 9:00 a.m. PDT. The reply is due Thursday, July 18, 2019 at 5:00 p.m. PDT. [11361966] (AF) [Entered: 07/12/2019 01:33 PM] |
| Filing 13 Filed (ECF) Appellants William P. Barr, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, ICE, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J. Moore, Kirstjen Nielsen, David Shinn, U.S. Customs and Border Protection, USCIS and USDHS Correspondence: In response to Plaintiffs' July 11 letter to this Court regarding forthcoming briefing.. Date of service: 07/12/2019 [11361384] [19-35565] (Bingham, Lauren) [Entered: 07/12/2019 08:06 AM] |
| Filing 12 Filed (ECF) Appellees Ibis Guzman, Blanca Orantes, Yolany Padilla and Baltazar Vasquez Correspondence: Plaintiffs-Appellees oppose Defendants-Appellants' request for an administrative stay pending adjudication of their emergency stay motion (Dkt. 10-1). Plaintiffs will file a brief in opposition by Sunday, July 14, 2019.. Date of service: 07/11/2019 [11360277] [19-35565] (Adams, Matt) [Entered: 07/11/2019 10:03 AM] |
| Filing 11 Added Attorney(s) Erez Reuveni for party(s) Appellant William P. Barr Appellant USCIS Appellant USDHS Appellant ICE Appellant L. Francis Cissna Appellant James Janecka Appellant Thomas Homan Appellant Lowell Clark Appellant David Shinn Appellant Kirstjen Nielsen Appellant Executive Office for Immigration Review Appellant Kevin K. McAleenan Appellant U.S. Customs and Border Protection Appellant Charles Ingram. [11358954] (RL) [Entered: 07/10/2019 09:04 AM] |
| Filing 10 Filed (ECF) Appellants William P. Barr, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, ICE, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J. Moore, Kirstjen Nielsen, David Shinn, U.S. Customs and Border Protection, USCIS and USDHS EMERGENCY Motion to stay lower court action. Date of service: 07/09/2019. [11358785] [19-35565] (Bingham, Lauren) [Entered: 07/09/2019 10:10 PM] |
| Filing 9 Filed (ECF) notice of appearance of Erez Reuveni (United States Department of Justice, Civil Division, 450 5th St NW, Washington, D.C., 20530) for Appellants William P. Barr, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, ICE, Charles Ingram, James Janecka, Kevin K. McAleenan, Kirstjen Nielsen, David Shinn, U.S. Customs and Border Protection, USCIS and USDHS. Date of service: 07/09/2019. (Party previously proceeding without counsel: No) [11358736] [19-35565] (Reuveni, Erez) [Entered: 07/09/2019 06:11 PM] |
| Filing 8 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 07/17/2019, counsel for all parties intending to file briefs in this matter are requested to inform the Circuit Mediator by email of their clients' views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication will be kept confidential, if requested... This communication should not be filed with the court... The existing briefing schedule remains in effect... [11358219] (LW) [Entered: 07/09/2019 01:57 PM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 07/08/2019. 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.[11357259][19-35565] (AD) [Entered: 07/08/2019 06:44 PM] |
| Filing 6 Filed (ECF) Appellants William P. Barr, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, ICE, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J. Moore, Kirstjen Nielsen, David Shinn, U.S. Customs and Border Protection, USCIS and USDHS Mediation Questionnaire. Date of service: 07/08/2019. [11356741] [19-35565] (Ramkumar, Archith) [Entered: 07/08/2019 02:31 PM] |
| Filing 5 Added Attorney(s) Trina A. Realmuto for party(s) Appellee Baltazar Vasquez Appellee Yolany Padilla Appellee Ibis Guzman Appellee Blanca Orantes, in case 19-35565. [11356595] (NAC) [Entered: 07/08/2019 01:37 PM] |
| Filing 4 Filed (ECF) notice of appearance of Archith Ramkumar (Department of Justice Civil Division, Office of Immigration Litigation District Court Section, P.O. Box 868, Ben Franklin Station, Washington, D.C., 20044) for Appellants William P. Barr, L. Francis Cissna, Lowell Clark, Executive Office for Immigration Review, Thomas Homan, ICE, Charles Ingram, James Janecka, Kevin K. McAleenan, Marc J. Moore, Kirstjen Nielsen, David Shinn, U.S. Customs and Border Protection, USCIS and USDHS. Date of service: 07/08/2019. (Party previously proceeding without counsel: No) [11356567] [19-35565] (Ramkumar, Archith) [Entered: 07/08/2019 01:30 PM] |
| Filing 3 Filed (ECF) notice of appearance of Trina Realmuto (American Immigration Council, 1318 Beacon Street, Suite 18, Brookline, MA 02446) for Appellees Blanca Orantes, Yolany Padilla, Baltazar Vasquez and Ibis Guzman. Date of service: 07/08/2019. (Party previously proceeding without counsel: No) [11356565] [19-35565] (Realmuto, Trina) [Entered: 07/08/2019 01:30 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed July 3, 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 July 31, 2019; the answering brief is due August 28, 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. [11355404] (AF) [Entered: 07/05/2019 03:15 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. [11355230] (HC) [Entered: 07/05/2019 02:11 PM] |
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