John Doe #1, et al v. Donald Trump, et al
| U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, CHAD F. WOLF, Secretary, U.S. Department of Homeland Security, UNITED STATES OF AMERICA, ALEX M. AZAR II, Secretary of Health and Human Services, DONALD J. TRUMP, in his official capacity as President of the United States and MICHAEL POMPEO, Secretary of State, in his official capacity |
| GABINO SORIANO CASTELLANOS, LATINO NETWORK, BRENDA VILLARRUEL, JANE DOE, # 3, IRIS ANGELINA CASTRO, BLAKE DOE, JANE DOE, # 2, JOHN DOE #1 and JUAN RAMON MORALES |
| 19-36020 |
| December 4, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 JOHN DOE #1 V. DONALD TRUMP
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John Doe #1 v. Trump
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Doe v. Trump
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JOHN DOE #1 V. JOSEPH R. BIDEN
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Docket Report
RSS Track this Docket
This docket was last retrieved on January 31, 2020. A more recent docket listing may be available from PACER.
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| Filing 33 Filed clerk order: The answering brief [ # 31 ] submitted by Appellees is filed. Appellees are ordered to file 6 copies of the brief in paper format for delivery to the Court by 5:00 p.m. Pacific Time on Tuesday, February 4, 2020, 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 supplemental excerpts of record [ # 32 ] submitted by Appellees are filed. Appellees are ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers, for delivery to the Court by 5:00 p.m. Pacific Time on Tuesday, February 4, 2020. The paper copies shall be submitted to the principal office of the Clerk. [11580848] (LA) [Entered: 01/31/2020 11:22 AM] |
| Filing 32 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Gabino Soriano Castellanos, Iris Angelina Castro, Blake Doe, Jane Doe, Jane Doe, John Doe #1, Latino Network, Juan Ramon Morales and Brenda Villarruel. Date of service: 01/30/2020. [11580271] [19-36020] (Igra, Naomi) [Entered: 01/30/2020 10:50 PM] |
| Filing 31 Submitted (ECF) Answering Brief for review. Submitted by Appellees Gabino Soriano Castellanos, Iris Angelina Castro, Blake Doe, Jane Doe, John Doe #1, Latino Network, Juan Ramon Morales, and Brenda Villarruel. Date of service: 01/30/2020. [11580270] [19-36020]--[COURT UPDATE: Updated docket text to reflect correct party filers. 01/31/2020 by LA] (Igra, Naomi) [Entered: 01/30/2020 10:39 PM] |
| Filing 30 Filed (ECF) Appellees Gabino Soriano Castellanos, Iris Angelina Castro, Blake Doe, Jane Doe, Jane Doe, John Doe #1, Latino Network, Juan Ramon Morales and Brenda Villarruel citation of supplemental authorities. Date of service: 01/29/2020. [11578786] [19-36020] (Igra, Naomi) [Entered: 01/29/2020 04:07 PM] |
| Filing 29 Filed (ECF) Appellants Alex M. Azar, II, Michael Pompeo, Donald J. Trump, U.S. Department of State, USA, USDHS, USHHS and Chad F. Wolf citation of supplemental authorities. Date of service: 01/28/2020. [11575996] [19-36020] (Moran, Courtney) [Entered: 01/28/2020 08:35 AM] |
| Filing 28 ARGUED AND SUBMITTED TO SIDNEY R. THOMAS, MARSHA S. BERZON and DANIEL A. BRESS. [11556775] (ORW) [Entered: 01/09/2020 01:48 PM] |
| Filing 27 Received 7 paper copies of Opening Brief [ # 23 ] filed by Appellants. [11554126] (DB) [Entered: 01/07/2020 04:36 PM] |
| Filing 26 Received 3 paper copies of excerpts of record [ # 24 ] in 3 volumes filed by Appellants. [11553301] (LA) [Entered: 01/07/2020 11:17 AM] |
| Filing 25 Filed clerk order: The opening brief [ # 23 ] submitted by appellants is filed. Appellants are ordered to file 6 copies of the brief in paper format for delivery to the Court by 5:00 p.m. Pacific Time on Tuesday, January 7, 2020, 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 excerpts of record [ # 24 ] submitted by appellants are filed. Appellants are ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers, for delivery to the Court by 5:00 p.m. Pacific Time on Tuesday, January 7, 2020. The paper copies shall be submitted to the principal office of the Clerk. [11550208] (LA) [Entered: 01/03/2020 12:01 PM] |
| Filing 24 Submitted (ECF) excerpts of record. Submitted by Appellants Alex M. Azar, II, Michael Pompeo, U.S. Department of State, USA, USDHS, USHHS and Chad F. Wolf. Date of service: 01/02/2020. [11549660] [19-36020] (Ward, Brian) [Entered: 01/02/2020 10:20 PM] |
| Filing 23 Submitted (ECF) Opening Brief for review. Submitted by Appellants Alex M. Azar, II, Michael Pompeo, Donald J. Trump, U.S. Department of State, USA, USDHS, USHHS and Chad F. Wolf. Date of service: 01/02/2020. [11549659] [19-36020] (Ward, Brian) [Entered: 01/02/2020 10:16 PM] |
| Filing 22 Filed (ECF) Acknowledgment of hearing notice by Attorney Esther Sung for Appellees Gabino Soriano Castellanos, Iris Angelina Castro, Blake Doe, Jane Doe, Jane Doe, John Doe #1, Latino Network, Juan Ramon Morales and Brenda Villarruel. Hearing in San Francisco on 01/09/2020 at 10:00 A.M. (Courtroom: Courtroom 1, 3rd Floor Rm 338). Filer sharing argument time: Yes. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/26/2019. [11544334] [19-36020] (Sung, Esther) [Entered: 12/26/2019 01:36 PM] |
| Filing 21 Filed (ECF) Acknowledgment of hearing notice by Attorney Naomi A. Igra, Esquire for Appellees Gabino Soriano Castellanos, Iris Angelina Castro, Blake Doe, Jane Doe, Jane Doe, John Doe #1, Latino Network, Juan Ramon Morales and Brenda Villarruel. Hearing in San Francisco on 01/09/2020 at 10:00 A.M. (Courtroom: Courtroom 1, 3rd Floor Rm 338). Filer sharing argument time: Yes. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/26/2019. [11544326] [19-36020] (Igra, Naomi) [Entered: 12/26/2019 01:31 PM] |
| Filing 20 Filed (ECF) Appellants Alex M. Azar, II, Michael Pompeo, Donald J. Trump, U.S. Department of State, USA, USDHS, USHHS and Chad F. Wolf reply to response (). Date of service: 12/23/2019. [11542996] [19-36020] (Moran, Courtney) [Entered: 12/23/2019 05:56 PM] |
| Filing 19 Filed (ECF) Acknowledgment of hearing notice by Attorney August E. Flentje for Appellants Alex M. Azar, II, Michael Pompeo, Donald J. Trump, USHHS, USDHS, U.S. Department of State, USA and Chad F. Wolf. Hearing in San Francisco on 01/09/2020 at 10:00 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: 12/23/2019. [11541418] [19-36020] (Flentje, August) [Entered: 12/23/2019 08:57 AM] |
| Filing 18 Notice of Oral Argument on Thursday, January 9, 2020 - 10:00 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 Thursday, January 9, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [11540592] (AW) [Entered: 12/20/2019 03:24 PM] |
Filing 17
Filed Order for PUBLICATION (SIDNEY R. THOMAS, MARSHA S. BERZON and DANIEL A. BRESS) (Dissent by Judge Bress) The government requests an emergency temporary stay of the district courts order preliminarily enjoining Presidential Proclamation No. 9945, Suspension of Entry of Immigrants Who Will Financially Burden the United States Health Care System, pending consideration of the motion for a stay pending appeal. The government also seeks a stay of the preliminary injunction pending appeal. The plaintiffs oppose both motions. A temporary stay in this context (sometimes referred to as an administrative stay) is only intended to preserve the status quo until the substantive motion for a stay pending appeal can be considered on the merits, and does not constitute in any way a decision as to the merits of the motion for stay pending appeal. Here, the status quo would be disrupted by granting the temporary stay request. Therefore, we deny the request for a temporary stay. The Proclamation has not yet gone into effect. The changes it would make to American immigration policy are major and unprecedented; the harms the government alleges it will suffer pending review of the motion for stay pending appeal are long-term rather than immediate. Our ruling is based solely on the absence of a sufficient exigency to justify changing the status quo, particularly during the few weeks before scheduled oral argument on the merits of the emergency motion; we do not consider the merits of the dispute in any respect. By this order we are expediting briefing and oral argument on the emergency motion and anticipate an expeditious issuance of a decision following argument. Any government reply to plaintiffs opposition to the motion for stay pending appeal is due December 23, 2019. The parties are directed to appear for oral argument on the motion for stay pending appeal on Thursday, January 9, 2020, at 10:00 am in San Francisco, California. Each side will be allotted 20 minutes of argument time. The parties are encouraged to appear in person if possible. If any party wishes to appear by video, that party must notify Kwame Copeland, 415.355.7888, no later than Friday, January 3, 2020, and must coordinate with Mr. Copeland in making suitable arrangements for an appearance by video. The opening brief and excerpts of record are due January 2, 2020; the answering brief is due January 30, 2020 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. This case will be assigned to the next available oral argument panel for a decision on the merits of the appeal. [11540314]--[Edited 12/20/2019 (attached corrected PDF - typo in dissent corrected) by AKM]--[Edited 12/27/2019 (replaced PDF with reformatted version) by AKM] (AKM) [Entered: 12/20/2019 02:26 PM]
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| Filing 16 Filed (ECF) Appellees Gabino Soriano Castellanos, Iris Angelina Castro, Blake Doe, Jane Doe, Jane Doe, John Doe #1, Latino Network, Juan Ramon Morales and Brenda Villarruel response to motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing)). Date of service: 12/16/2019. [11534396] [19-36020] (Igra, Naomi) [Entered: 12/16/2019 08:12 PM] |
| Filing 15 Added Attorney(s) Benjamin Gillig for party(s) Appellee Iris Angelina Castro Appellee John Doe #1 Appellee Jane Doe Appellee Blake Doe Appellee Latino Network Appellee Juan Ramon Morales Appellee Gabino Soriano Castellanos Appellee Brenda Villarruel, in case 19-36020. [11533812] (CW) [Entered: 12/16/2019 02:30 PM] |
| Filing 14 Filed (ECF) notice of appearance of Benjamin Gillig (SIDLEY AUSTIN LLP, 555 California Street, Suite 2000, San Francisco, CA 94104) for Appellees Gabino Soriano Castellanos, Iris Angelina Castro, Blake Doe, Jane Doe, Jane Doe, John Doe #1, Latino Network, Juan Ramon Morales and Brenda Villarruel. Date of service: 12/16/2019. (Party was previously proceeding with counsel.) [11533387] [19-36020] (Gillig, Benjamin) [Entered: 12/16/2019 11:53 AM] |
| Filing 13 The Mediation Questionnaire for this case was filed on 12/05/2019. 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.[11523227]. [19-36020] (AD) [Entered: 12/05/2019 06:44 PM] |
| Filing 12 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. [11523103] (CL) [Entered: 12/05/2019 04:35 PM] |
| Filing 11 Added Attorney(s) Jesse Matthew Bless for party(s) Appellee Iris Angelina Castro Appellee John Doe #1 Appellee Jane Doe Appellee Blake Doe Appellee Latino Network Appellee Juan Ramon Morales Appellee Gabino Soriano Castellanos Appellee Brenda Villarruel, in case 19-36020. [11522730] (RR) [Entered: 12/05/2019 02:38 PM] |
| Filing 10 Filed (ECF) Appellants Alex M. Azar, II, Michael Pompeo, Donald J. Trump, U.S. Department of State, USA, USDHS, USHHS and Chad F. Wolf Mediation Questionnaire. Date of service: 12/05/2019. [11522630] [19-36020] (Moran, Courtney) [Entered: 12/05/2019 02:12 PM] |
| Filing 9 Filed (ECF) Appellees Gabino Soriano Castellanos, Iris Angelina Castro, Blake Doe, Jane Doe, Jane Doe, John Doe #1, Latino Network, Juan Ramon Morales and Brenda Villarruel response to motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing)). Date of service: 12/05/2019. [11522366] [19-36020] (Dahab, Nadia) [Entered: 12/05/2019 11:59 AM] |
| Filing 8 Filed (ECF) notice of appearance of Jesse Matthew Bless (American Immigration Lawyers Association 1331 G Street NW, Ste 300 Washington, DC 20005) for Appellees Gabino Soriano Castellanos, Iris Angelina Castro, Jane Doe, Blake Doe, Latino Network, John Doe #1, Juan Ramon Morales and Brenda Villarruel. Date of service: 12/05/2019. (Party was previously proceeding with counsel.) [11522053] [19-36020] (Bless, Jesse) [Entered: 12/05/2019 10:02 AM] |
| Filing 7 Added Attorney(s) Scott D. Stein for party(s) Appellee Iris Angelina Castro Appellee John Doe #1 Appellee Jane Doe Appellee Blake Doe Appellee Latino Network Appellee Juan Ramon Morales Appellee Gabino Soriano Castellanos Appellee Brenda Villarruel, in case 19-36020. [11521960] (CW) [Entered: 12/05/2019 09:19 AM] |
| Filing 6 Filed (ECF) notice of appearance of Scott D. Stein (Sidley Austin LLP) for Appellees Gabino Soriano Castellanos, Iris Angelina Castro, Blake Doe, John Doe #1, Latino Network, Juan Ramon Morales, Brenda Villarruel and Jane Doe. Date of service: 12/05/2019. (Party was previously proceeding with counsel.) [11521931] [19-36020] (Stein, Scott) [Entered: 12/05/2019 08:59 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: TSP): The appeal filed December 4, 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 January 2, 2020; the answering brief is due January 30, 2020 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. [11521924] (AF) [Entered: 12/05/2019 08:56 AM] |
| Filing 4 Added Attorney(s) Stephen William Manning for party(s) Appellee Iris Angelina Castro Appellee John Doe #1 Appellee Jane Doe Appellee Blake Doe Appellee Latino Network Appellee Juan Ramon Morales Appellee Gabino Soriano Castellanos Appellee Brenda Villarruel, in case 19-36020. [11521902] (CW) [Entered: 12/05/2019 08:42 AM] |
| Filing 3 Filed (ECF) notice of appearance of Stephen William Manning (INNOVATION LAW LAB, 222 SW Fifth Avenue #200, Portland OR 97204) for Appellees Gabino Soriano Castellanos, Juan Ramon Morales, Iris Angelina Castro, Blake Doe, Jane Doe, John Doe #1, Latino Network and Brenda Villarruel. Date of service: 12/05/2019. (Party was previously proceeding with counsel.) [11521840] [19-36020] (Manning, Stephen) [Entered: 12/05/2019 07:25 AM] |
| Filing 2 Filed (ECF) Appellants Alex M. Azar, II, Michael Pompeo, Donald J. Trump, U.S. Department of State, USA, USDHS, USHHS and Chad F. Wolf EMERGENCY Motion to stay lower court action. Date of service: 12/04/2019. [11521736] [19-36020] (Ward, Brian) [Entered: 12/04/2019 05:40 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. [11521472] (RT) [Entered: 12/04/2019 04:06 PM] |
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