Al Otro Lado, et al v. Chad Wolf, et al
| VICTORIA DOE, MARIA DOE, JOSE DOE, AL OTRO LADO, a California corporation, BEATRICE DOE, URSULA DOE, ABIGAIL DOE, EMILIANA DOE, individually and on behalf of all others similarly situated, CAROLINA DOE, BIANCA DOE, CESAR DOE, DINORA DOE, ROBERTO DOE, INGRID DOE and JUAN DOE |
| WILLIAM A. FERRARA, Executive Assistant Commissioner of CBPs Office of Field Operations, MARK A. MORGAN, Acting Commissioner of U.S. Customs and Border Protection and CHAD F. WOLF, Acting Secretary, US Department of Homeland Security |
| EXECUTIVE OFFICE FOR IMMIGRATION REVIEW |
| 20-56287 |
| December 4, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 34 Filed order (JOHN B. OWENS, MICHELLE T. FRIEDLAND and RYAN D. NELSON) Appellants unopposed Motion to Continue the Seal on Portions of Plaintiffs Supplemental Excerpts of Record, Volume 2 (Dkt. [32]) is GRANTED. The parties shall file an appropriately redacted version of volume 2 of Plaintiffs supplemental excerpts of record on the public docket. [11979384] (OC) [Entered: 01/25/2021 09:20 AM] |
| Filing 33 Filed Appellants Executive Office for Immigration Review, William A. Ferrara, Mark A. Morgan and Chad F. Wolf motion to maintain Volume 2 of the exhibits to the opposition UNDER SEAL. Deficiencies: None. Served on 01/19/2021. (Court-entered filing, motion previously submitted in [32]). [11974428] (SML) [Entered: 01/21/2021 09:36 AM] |
| Filing 32 Filed (ECF) UNDER SEAL Appellants Executive Office for Immigration Review, William A. Ferrara, Mark A. Morgan and Chad F. Wolf motion to maintain document under seal. Date of service: 01/19/2021. [11968909] [20-56287]--[COURT UPDATE: Attached corrected motion and updated entry to reflect all filers of the motion. 01/21/2021 by SML] (Shinners, Katherine) [Entered: 01/19/2021 08:09 PM] |
| Filing 31 Filed (ECF) Appellees Al Otro Lado, Abigail Doe, Beatrice Doe, Bianca Doe, Carolina Doe, Cesar Doe, Dinora Doe, Emiliana Doe, Ingrid Doe, Jose Doe, Juan Doe, Maria Doe, Roberto Doe, Ursula Doe and Victoria Doe reply to response (motion for summary disposition). Date of service: 01/19/2021. [11968536] [20-56287] (Medlock, Stephen) [Entered: 01/19/2021 04:07 PM] |
| Filing 30 Filed order (JOHN B. OWENS, MICHELLE T. FRIEDLAND and RYAN D. NELSON, Dissenting): Appellants (collectively, the Government) move for an emergency stay pending appeal of the district courts October 30, 2020 order granting Plaintiffs motion for clarification of the preliminary injunction (clarification order). The preliminary injunction is the subject of an earlier appeal that is pending before this panel but is currently held in abeyance. Because the Government has not satisfied the first two factors of the stay inquiry, we need not address the third and fourth. See id. at 1014. ... We therefore deny the Governments emergency motion (ECF No. [ # 7 ]) for a stay of the clarification order pending appeal. We also lift the partial administrative stay we issued on December 18, 2020. The briefing schedule established previously remains in effect. (See Ordor for Complete Text) [11964743] (HH) [Entered: 01/14/2021 05:07 PM] |
| Filing 29 Received 6 paper copies of Opening Brief [ # 22 ] filed by Appellants. [11964620] (SD) [Entered: 01/14/2021 04:23 PM] |
| Filing 28 Received 3 paper copies of excerpts of record [ # 23 ] in 3 volume(s) and index volume filed by Appellants. [11963640] (LA) [Entered: 01/14/2021 11:04 AM] |
| Filing 27 Filed (ECF) Appellants Executive Office for Immigration Review, William A. Ferrara, Mark A. Morgan and Chad F. Wolf response to motion ([ # 20 ] Motion (ECF Filing), [ # 20 ] Motion (ECF Filing)). Date of service: 01/11/2021. [11959723] [20-56287] (Sampat, Dhruman) [Entered: 01/11/2021 04:32 PM] |
| Filing 26 Filed clerk order: The opening brief [ # 22 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 excerpts of record [ # 23 ] submitted by appellants are filed. Within 7 days of this order, filer is ordered to file 3 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. [11959689] (SML) [Entered: 01/11/2021 04:22 PM] |
| Filing 25 Added Attorney(s) Dhruman Y. Sampat for party(s) Appellant William A. Ferrara Appellant Executive Office for Immigration Review Appellant Mark A. Morgan Appellant Chad F. Wolf, in case 20-56287. [11958563] (NAC) [Entered: 01/11/2021 10:30 AM] |
| Filing 24 Filed (ECF) notice of appearance of Dhruman Y. Sampat (U.S. Department of Justice, Civil Division, Office of Immigration-Litigation-District Court Section, PO Box 868, Ben Franklin Station, Washington DC, 20044) for Appellants Executive Office for Immigration Review, Mark A. Morgan, Chad F. Wolf and William A. Ferrara. Date of service: 01/11/2021. (Party was previously proceeding with counsel.) [11958521] [20-56287] (Sampat, Dhruman) [Entered: 01/11/2021 10:18 AM] |
| Filing 23 Submitted (ECF) excerpts of record. Submitted by Appellants Executive Office for Immigration Review, William A. Ferrara, Mark A. Morgan and Chad F. Wolf. Date of service: 01/08/2021. [11958016] [20-56287]--[COURT UPDATE: Attached corrected excerpts. 01/11/2021 by SML] (Halaska, Alexander) [Entered: 01/08/2021 11:50 PM] |
| Filing 22 Submitted (ECF) Opening Brief for review. Submitted by Appellants Executive Office for Immigration Review, William A. Ferrara, Mark A. Morgan and Chad F. Wolf. Date of service: 01/08/2021. [11958013] [20-56287]--[COURT UPDATE: Attached corrected brief. 01/11/2021 by SML] (Halaska, Alexander) [Entered: 01/08/2021 11:45 PM] |
| Filing 21 Filed (ECF) Appellants Executive Office for Immigration Review, William A. Ferrara, Mark A. Morgan and Chad F. Wolf reply to response (). Date of service: 01/04/2021. [11951963] [20-56287] (Halaska, Alexander) [Entered: 01/04/2021 07:32 PM] |
| Filing 20 Filed (ECF) Appellees Al Otro Lado, Abigail Doe, Beatrice Doe, Bianca Doe, Carolina Doe, Cesar Doe, Dinora Doe, Emiliana Doe, Ingrid Doe, Jose Doe, Juan Doe, Maria Doe, Roberto Doe, Ursula Doe and Victoria Doe Motion for summary disposition. Date of service: 12/31/2020. [11949741] [20-56287] (Medlock, Stephen) [Entered: 12/31/2020 12:20 PM] |
| Filing 19 Filed UNDER SEAL Appellees Al Otro Lado, Abigail Doe, Beatrice Doe, Bianca Doe, Carolina Doe, Cesar Doe, Dinora Doe, Emiliana Doe, Ingrid Doe, Jose Doe, Juan Doe, Maria Doe, Roberto Doe, Ursula Doe and Victoria Doe Volume 2 of the exhibits to the oppostion. Served on 12/28/2020 (Document previously submitted in [17]). [11947526] (SML) [Entered: 12/29/2020 01:18 PM] |
| Filing 18 Filed (ECF) notice of filing document ([17]) publicly pursuant to Ninth Circuit Rule 27-13(f). Filed by Appellees Al Otro Lado, Abigail Doe, Beatrice Doe, Bianca Doe, Carolina Doe, Cesar Doe, Dinora Doe, Emiliana Doe, Ingrid Doe, Jose Doe, Juan Doe, Maria Doe, Roberto Doe, Ursula Doe and Victoria Doe. Date of service: 12/28/2020. (Court-entered filing) [11947522] (SML) [Entered: 12/29/2020 01:16 PM] |
| Filing 17 Filed (ECF) UNDER SEAL Appellees Al Otro Lado, Abigail Doe, Beatrice Doe, Bianca Doe, Carolina Doe, Cesar Doe, Dinora Doe, Emiliana Doe, Ingrid Doe, Jose Doe, Juan Doe, Maria Doe, Roberto Doe, Ursula Doe and Victoria Doe notice of intent to unseal previously sealed material. Material: other (exhibits to opposition to motion). Date of service: 12/28/2020. [11946770] [20-56287]--[COURT UPDATE: Attached corrected exhibit and updated entry to correctly reflect content of filing. 12/29/2020 by SML] (Lev, Ori) [Entered: 12/28/2020 07:15 PM] |
| Filing 16 Filed (ECF) Appellees Al Otro Lado, Abigail Doe, Beatrice Doe, Bianca Doe, Carolina Doe, Cesar Doe, Dinora Doe, Emiliana Doe, Ingrid Doe, Jose Doe, Juan Doe, Maria Doe, Roberto Doe, Ursula Doe and Victoria Doe response opposing motion ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 12/28/2020. [11946767] [20-56287] (Lev, Ori) [Entered: 12/28/2020 07:10 PM] |
| Filing 15 Filed order (JOHN B. OWENS, MICHELLE T. FRIEDLAND and RYAN D. NELSON) Appellants (collectively, the Government) request an emergency administrative stay of the district courts October 30, 2020, order granting Al Otro Lados motion for clarification of the preliminary injunction (clarification order). The Government also seeks a stay of the district courts clarification order pending appeal. 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. Doe #1 v. Trump, 944 F.3d 1222, 1223 (9th Cir. 2019). The status quo will be preserved by granting in part and denying in part the administrative stay request (contained in Docket Entry No. [ # 7 ]). Therefore, the administrative stay is granted insofar as the clarification order requires the Government to take affirmative steps to find and reopen or reconsider cases in which the Asylum Transit Rule was applied to provisional class members but that became final before November 19, 2019, when the preliminary injunction was entered, or during the period of the administrative stay in Al Otro Lado v. Wolf, No. 19-56417, December 20, 2019, to March 5, 2020. The administrative stay is denied in all other respects, including as to the Governments obligation to adjudicate consistent with the clarified preliminary injunction any motion to reopen or reconsider that is filed by a member of the provisional class. The opposition to the motion for a stay pending appeal remains due December 28, 2020. The optional reply remains due January 4, 2021. The briefing schedule established previously for the merits of this appeal remains in effect. [11933079] (JPD) [Entered: 12/18/2020 01:33 PM] |
| Filing 14 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [11931240] (VS) [Entered: 12/17/2020 11:29 AM] |
| Filing 13 Filed order (JOHN B. OWENS, MICHELLE T. FRIEDLAND and RYAN D. NELSON) The unopposed motion to modify the briefing schedule (Docket No. [ # 11 ]) is granted. Appellants opening brief and excerpts of record are due January 8, 2021; Appellees answering brief is due February 5, 2021; and Appellants reply brief is due February 17, 2021. [11931063] (OC) [Entered: 12/17/2020 10:22 AM] |
| Filing 12 Filed (ECF) Appellants William A. Ferrara, Mark A. Morgan, Chad F. Wolf and Executive Office for Immigration Review reply to response (). Date of service: 12/17/2020. [11930979] [20-56287] (Shinners, Katherine) [Entered: 12/17/2020 09:46 AM] |
| Filing 11 Filed (ECF) Appellants Executive Office for Immigration Review, William A. Ferrara, Mark A. Morgan and Chad F. Wolf Unopposed Motion to extend time to file Opening brief until 01/08/2021. Date of service: 12/16/2020. [11930430] [20-56287] (Halaska, Alexander) [Entered: 12/16/2020 04:13 PM] |
| Filing 10 Filed (ECF) Appellees Al Otro Lado, Abigail Doe, Beatrice Doe, Bianca Doe, Carolina Doe, Cesar Doe, Dinora Doe, Emiliana Doe, Ingrid Doe, Jose Doe, Juan Doe, Maria Doe, Roberto Doe, Ursula Doe and Victoria Doe response opposing motion ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing)). Date of service: 12/16/2020. [11929746] [20-56287] (Lev, Ori) [Entered: 12/16/2020 11:27 AM] |
| Filing 9 Filed order (JOHN B. OWENS, MICHELLE T. FRIEDLAND and RYAN D. NELSON) The motion to assign this appeal to the panel assigned to decide Al Otro Lado v. Wolf, No. 19-56417, (Docket Entry No. [ # 6 ]) is granted. The alternative motion to consolidate is denied as unnecessary. The court has received the emergency motion to stay the district courts October 30, 2020 order. The response to the request for an immediate administrative stay is due December 16, 2020, by 12:00 p.m. PST. The reply is due December 17, 2020, by 10:00 a.m. PST. The opposition to the motion for a stay pending appeal is due December 28, 2020. The optional reply is due January 4, 2021. Any amicus filings related to the motion for stay are due December 23, 2020. The briefing schedule established on December 4, 2020 remains in effect. [11927202] (OC) [Entered: 12/14/2020 04:57 PM] |
| Filing 8 Filed (ECF) Appellants Executive Office for Immigration Review, William A. Ferrara, Mark A. Morgan and Chad F. Wolf response to motion ([ # 6 ] Motion (ECF Filing), [ # 6 ] Motion (ECF Filing), [ # 6 ] Motion (ECF Filing)). Date of service: 12/14/2020. [11926302] [20-56287] (Halaska, Alexander) [Entered: 12/14/2020 01:02 PM] |
| Filing 7 Filed (ECF) Appellants Executive Office for Immigration Review, William A. Ferrara, Mark A. Morgan and Chad F. Wolf EMERGENCY Motion to stay lower court action. Date of service: 12/11/2020. [11925256] [20-56287] (Halaska, Alexander) [Entered: 12/11/2020 07:22 PM] |
| Filing 6 Filed (ECF) Appellees Al Otro Lado, Abigail Doe, Beatrice Doe, Bianca Doe, Carolina Doe, Cesar Doe, Dinora Doe, Emiliana Doe, Ingrid Doe, Jose Doe, Juan Doe, Maria Doe, Roberto Doe, Ursula Doe and Victoria Doe Motion to consolidate cases, Motion to assign case to prior panel. Date of service: 12/09/2020. [11921287] [20-56287] (Lev, Ori) [Entered: 12/09/2020 06:31 PM] |
| Filing 5 Filed order MEDIATION (VLS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. By December 15, 2020, counsel for all parties intending to file briefs in this matter are requested to inform Robert Kaiser, Circuit Mediator, by email at robert_kaiser@ca9.uscourts.gov, of their clients views on whether the issues on appeal or the underlying dispute might be appropriate for settlement presently or in the foreseeable future. Counsel are requested to include the Ninth Circuit case name and number in the subject line. This communication will be kept confidential, if requested, from the other parties in the case. This communication shall not be filed with the court. For more detailed information about the Mediation Program and its procedures generally, please see Mediation Program web site: www.ca9.uscourts.gov/mediation. [11920780] (JBS) [Entered: 12/09/2020 02:48 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 12/07/2020. 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.[11917918]. [20-56287] (AD) [Entered: 12/07/2020 06:44 PM] |
| Filing 3 Filed (ECF) Appellants Executive Office for Immigration Review, William A. Ferrara, Mark A. Morgan and Chad F. Wolf Mediation Questionnaire. Date of service: 12/07/2020. [11917756] [20-56287] (Halaska, Alexander) [Entered: 12/07/2020 04:53 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed December 2, 2020 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 December 30, 2020; the answering brief is due January 27, 2021 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. [11915291] (JPD) [Entered: 12/04/2020 12:57 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. [11914971] (JBS) [Entered: 12/04/2020 10:24 AM] |
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