East Bay Sanctuary Covenant, et al v. Joseph Biden, et al
| EAST BAY SANCTUARY COVENANT, CENTRAL AMERICAN RESOURCE CENTER, TAHIRIH JUSTICE CENTER, NATIONAL CENTER FOR LESBIAN RIGHTS, IMMIGRANT DEFENDERS LAW CENTER and AMERICAN GATEWAYS |
| JOSEPH R. BIDEN, President of the United States, MERRICK B. GARLAND, Attorney General, UNITED STATES DEPARTMENT OF JUSTICE, DAVID NEAL, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, ALEJANDRO N. MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY, UR M. JADDOU, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, TROY A. MILLER and UNITED STATES CUSTOMS AND BORDER PROTECTION |
| IMMIGRATION REFORM LAW INSTITUTE |
| 23-16032 |
| July 26, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Immigration Actions |
Opinions
We have the following opinions for this case:
| Description |
|---|
 EAST BAY SANCTUARY COVENANT, ET AL V. JOSEPH BIDEN, ET AL
|
Docket Report
RSS Track this Docket
This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 40 Received 6 paper copies of Amicus Brief [ # 37 ] filed by Immigration Reform Law Institute. (sent to panel)[12795953] (NAR) [Entered: 09/20/2023 02:36 PM] |
| 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 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12793063] (KT) [Entered: 09/15/2023 11:02 AM] |
| Filing 38 Entered appearance of Amicus Curiae Immigration Reform Law Institute. [12793061] (KT) [Entered: 09/15/2023 11:02 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: 09/14/2023. [12792811] [23-16032] (Crapo, Matt) [Entered: 09/14/2023 06:58 PM] |
| Filing 36 Received 3 paper copies of excerpts of record [ # 33 ] in 1 volume(s) filed by appellants. (Sent to panel). [12790776] (CPA) [Entered: 09/12/2023 01:10 PM] |
| Filing 35 Received 6 paper copies of Opening Brief [ # 32 ] filed by appellants. (Sent to panel). [12790769] (CPA) [Entered: 09/12/2023 01:05 PM] |
| Filing 34 Filed clerk order: The opening brief [ # 32 ] 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 [ # 33 ] 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. [12788817] (KT) [Entered: 09/08/2023 09:55 AM] |
| Filing 33 Submitted (ECF) excerpts of record. Submitted by Appellants Joseph R. Biden, Executive Office for Immigration Review, Merrick B. Garland, Ur M. Jaddou, Alejandro N. Mayorkas, Troy A. Miller, David Neal, United States Customs and Border Protection, USCIS, USDHS and USDOJ. Date of service: 09/07/2023. [12788629] [23-16032] (Janda, Sean) [Entered: 09/07/2023 08:59 PM] |
| Filing 32 Submitted (ECF) Opening Brief for review. Submitted by Appellants Joseph R. Biden, Executive Office for Immigration Review, Merrick B. Garland, Ur M. Jaddou, Alejandro N. Mayorkas, Troy A. Miller, David Neal, USDOJ, USDHS, USCIS and United States Customs and Border Protection. Date of service: 09/07/2023. [12788628] [23-16032] (Janda, Sean) [Entered: 09/07/2023 08:56 PM] |
| Filing 31 Added Attorney Julie Beatrice Bourdoiseau for Appellees East Bay Sanctuary Covenant, et al., in case 23-16032. [12783588] (HH) [Entered: 08/30/2023 11:37 AM] |
| Filing 30 Filed (ECF) notice of appearance of Julie Beatrice Bourdoiseau (Center for Gender & Refugee Studies, 200 McAllister St, San Francisco, CA 94102) for Appellees American Gateways, Central American Resource Center, East Bay Sanctuary Covenant, Immigrant Defenders Law Center, NCLR and Tahirih Justice Center. Date of service: 08/30/2023. (Party was previously proceeding with counsel.) [12783507] [23-16032] (Bourdoiseau, Julie) [Entered: 08/30/2023 11:01 AM] |
| Filing 29 Notice of Oral Argument on Tuesday, November 7, 2023 - 2:00 P.M. - Courtroom 1 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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 28 days before Tuesday, November 7, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12781415]. [23-16032] (KS) [Entered: 08/27/2023 06:17 AM] |
| Filing 28 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12775677] (BLS) [Entered: 08/16/2023 04:59 PM] |
| Filing 27 Filed order (WILLIAM A. FLETCHER, RICHARD A. PAEZ and LAWRENCE VANDYKE): Appellants motion for an extension of the briefing schedule [Dkt. No. [ # 24 ]] is hereby GRANTED. The opening brief and excerpts of record shall be filed by September 7, 2023. The answering brief shall be filed by October 5, 2023. The optional reply brief shall be filed by October 12, 2023. No further extensions of time shall be granted. The oral argument remains scheduled for November 7, 2023, at 2:00 p.m., in Pasadena. [12775671] (AF) [Entered: 08/16/2023 04:53 PM] |
| Filing 26 Added Attorney Daniel Tenny for Appellants Joseph R. Biden, et al., in case 23-16032. [12774768] (HH) [Entered: 08/15/2023 03:59 PM] |
| Filing 25 Filed (ECF) notice of appearance of Daniel Tenny (U.S. Department of Justice, 950 Pennsylvania Avenue NW, Rm 7215, Washington, DC 20530) for Appellants Joseph R. Biden, Executive Office for Immigration Review, Ur M. Jaddou, Alejandro N. Mayorkas, Troy A. Miller, David Neal, United States Customs and Border Protection, USCIS, USDHS and USDOJ. Date of service: 08/15/2023. (Party was previously proceeding with counsel.) [12774679] [23-16032] (Tenny, Daniel) [Entered: 08/15/2023 02:51 PM] |
| Filing 24 Filed (ECF) Appellants Joseph R. Biden, Executive Office for Immigration Review, Merrick B. Garland, Ur M. Jaddou, Alejandro N. Mayorkas, Troy A. Miller, David Neal, United States Customs and Border Protection, USCIS, USDHS and USDOJ Unopposed Motion for miscellaneous relief [to extend the briefing schedule so that the government's opening brief would be due September 7, plaintiffs' answering brief would be due October 5, and the government's reply brief would be due October 12]. Date of service: 08/15/2023. [12774113] [23-16032] (Janda, Sean) [Entered: 08/15/2023 08:40 AM] |
| Filing 23 Filed clerk order (Deputy Clerk: MCD): Oral argument in this case will take place on Tuesday, November 7, 2023 at 2:00 p.m. in Pasadena, California. [12772634] (AF) [Entered: 08/11/2023 11:51 AM] |
| Filing 22 MEDIATION ORDER FILED: By 08/14/2023, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12769961] (BLS) [Entered: 08/07/2023 05:49 PM] |
| Filing 21 Filed order (WILLIAM A. FLETCHER, RICHARD A. PAEZ and LAWRENCE VANDYKE, dissenting): The motion to stay the district courts July 25, 2023, order and judgment (Docket Entry No. [ # 8 ]) is granted. See Nken v. Holder, 556 U.S. 418, 434 (2009) (defining standard for stay pending appeal). We sua sponte expedite the briefing and hearing of this appeal. The opening brief and excerpts of record are due August 24, 2023. The answering brief is due September 14, 2023. The optional reply brief is due within 7 days after service of the answering brief. The date for argument will be set by separate order. (SEE ORDER FOR FULL TEXT) [12767807] (AF) [Entered: 08/03/2023 04:29 PM] |
| Filing 20 Filed clerk order (Deputy Clerk: MCD): The available members of the panel that decided East Bay Sanctuary Covenant v. Biden, NoNos. 18-17274 and 18-17436, have accepted this appeal as a comeback case. See 9th Cir. Gen. Ord. 3.6(d). Pursuant to G.O. 3.2(h), Judge VanDyke has been drawn to replace Judge Fernandez. The reconstituted panel is now: W. FLETCHER, PAEZ, and VANDYKE, Circuit Judges. [12767796] (AF) [Entered: 08/03/2023 04:20 PM] |
| Filing 19 The Mediation Questionnaire for this case was filed on 08/02/2023. 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.[12767108]. [23-16032] (AD) [Entered: 08/02/2023 06:44 PM] |
| Filing 18 Filed (ECF) Appellants Joseph R. Biden, Executive Office for Immigration Review, Merrick B. Garland, Ur M. Jaddou, Alejandro N. Mayorkas, Troy A. Miller, David Neal, United States Customs and Border Protection, USCIS, USDHS and USDOJ reply to response (motion to stay lower court action, ). Date of service: 08/02/2023. [12767029] [23-16032] (Janda, Sean) [Entered: 08/02/2023 04:39 PM] |
| Filing 17 Filed (ECF) Appellants Joseph R. Biden, Executive Office for Immigration Review, Merrick B. Garland, Ur M. Jaddou, Alejandro N. Mayorkas, Troy A. Miller, David Neal, United States Customs and Border Protection, USCIS, USDHS and USDOJ Mediation Questionnaire. Date of service: 08/02/2023. [12767017] [23-16032] (Springer, Brian) [Entered: 08/02/2023 04:25 PM] |
| Filing 16 Filed (ECF) Appellees American Gateways, Central American Resource Center, East Bay Sanctuary Covenant, Immigrant Defenders Law Center, NCLR and Tahirih Justice Center response to motion ([ # 8 ] Motion (ECF Filing), [ # 8 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 08/01/2023. [12766267] [23-16032] (Eiland, Katrina) [Entered: 08/01/2023 04:45 PM] |
| Filing 15 Added Attorney Robert Pauw for Appellees East Bay Sanctuary Covenant, et al., in case 23-16032. [12764776] (HH) [Entered: 07/31/2023 09:30 AM] |
| Filing 14 Filed (ECF) notice of appearance of Robert Pauw (Gibbs Houston Pauw, 1000 Second Ave., Suite 1600, Seattle, WA 98104) for Appellees American Gateways, Central American Resource Center, East Bay Sanctuary Covenant, Immigrant Defenders Law Center, NCLR and Tahirih Justice Center. Date of service: 07/28/2023. (Party was previously proceeding with counsel.) [12764640] [23-16032] (Pauw, Robert) [Entered: 07/28/2023 05:42 PM] |
| Filing 13 Filed clerk order (Deputy Clerk: MCD): The court has received appellants emergency motion for a stay pending appeal. The response to the motion is due by 5:00 p.m. Pacific Time on Tuesday, August 1, 2023. Any reply in support of the motion is due by 5:00 p.m. Pacific Time on Wednesday, August 2, 2023. The existing briefing schedule remains in effect. [12764598] (AF) [Entered: 07/28/2023 04:48 PM] |
| Filing 12 Added Attorney Melissa E. Crow for Appellees East Bay Sanctuary Covenant, et al., in case 23-16032. [12764396] (HH) [Entered: 07/28/2023 02:38 PM] |
| Filing 11 Filed (ECF) notice of appearance of Melissa E. Crow (Center for Gender & Refugee Studies, 1121 14th Street, NW Suite 200 Washington, DC 20005) for Appellees American Gateways, Central American Resource Center, East Bay Sanctuary Covenant, Immigrant Defenders Law Center, Tahirih Justice Center and NCLR. Date of service: 07/28/2023. (Party was previously proceeding with counsel.) [12764367] [23-16032] (Crow, Melissa) [Entered: 07/28/2023 02:19 PM] |
| Filing 10 Added Attorney Anne Elizabeth Peterson for Appellees East Bay Sanctuary Covenant, et al., in case 23-16032. [12764081] (HH) [Entered: 07/28/2023 10:23 AM] |
| Filing 9 Filed (ECF) notice of appearance of Anne Elizabeth Peterson (Center for Gender & Refugee Studies, 200 McAllister St., San Francisco, CA 94102) for Appellees American Gateways, Central American Resource Center, East Bay Sanctuary Covenant, Immigrant Defenders Law Center, NCLR and Tahirih Justice Center. Date of service: 07/28/2023. (Party was previously proceeding with counsel.) [12764035] [23-16032] (Peterson, Anne) [Entered: 07/28/2023 09:44 AM] |
| Filing 8 Filed (ECF) Appellants Joseph R. Biden, Executive Office for Immigration Review, Merrick B. Garland, Ur M. Jaddou, Alejandro N. Mayorkas, Troy A. Miller, David Neal, United States Customs and Border Protection, USCIS, USDHS and USDOJ EMERGENCY Motion to stay lower court action. Date of service: 07/27/2023. [12763280] [23-16032] (Janda, Sean) [Entered: 07/27/2023 10:09 AM] |
| Filing 7 Added Attorney Keren Hart Zwick for Appellees East Bay Sanctuary et al., in case 23-16032. [12763213] (HH) [Entered: 07/27/2023 09:23 AM] |
| Filing 6 Filed (ECF) notice of appearance of Keren Hart Zwick (National Immigrant Justice Center, 224 S. Michigan Avenue, Suite 600, Chicago, IL 6064) for Appellees American Gateways, Central American Resource Center, East Bay Sanctuary Covenant, Immigrant Defenders Law Center, NCLR and Tahirih Justice Center. Date of service: 07/27/2023. (Party was previously proceeding with counsel.) [12763101] [23-16032] (Zwick, Keren) [Entered: 07/27/2023 07:22 AM] |
| Filing 5 Added Attorney Brian J Springer for Appellants Joseph R. Biden, et al., in case 23-16032. [12762621] (HH) [Entered: 07/26/2023 12:33 PM] |
| Filing 4 Filed (ECF) notice of appearance of Brian J. Springer (U.S. Department of Justice, Civil Division, Appellate Staff; 950 Pennsylvania Avenue NW, Washington, DC 20530) for Appellants Joseph R. Biden, Executive Office for Immigration Review, Merrick B. Garland, Ur M. Jaddou, Alejandro N. Mayorkas, Troy A. Miller, David Neal, United States Customs and Border Protection, USCIS, USDHS and USDOJ. Date of service: 07/26/2023. (Party was previously proceeding with counsel.) [12762615] [23-16032] (Springer, Brian) [Entered: 07/26/2023 12:30 PM] |
| Filing 3 Added Attorney Sean Janda for Appellants Joseph R. Biden, et al., in case 23-16032. [12762488] (HH) [Entered: 07/26/2023 11:25 AM] |
| Filing 2 Filed (ECF) notice of appearance of Sean R. Janda (U.S. Department of Justice, Civil Division, Appellate Staff; 950 Pennsylvania Avenue NW, Room 7260; Washington, DC 20530) for Appellants Joseph R. Biden, Executive Office for Immigration Review, Merrick B. Garland, Ur M. Jaddou, Alejandro N. Mayorkas, Troy A. Miller, David Neal, United States Customs and Border Protection, USCIS, USDHS and USDOJ. Date of service: 07/26/2023. (Party was previously proceeding with counsel.) [12762476] [23-16032] (Janda, Sean) [Entered: 07/26/2023 11:18 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Joseph R. Biden, Executive Office for Immigration Review, Merrick B. Garland, Attorney General, Ur M. Jaddou, Alejandro N. Mayorkas, Troy A. Miller, David Neal, U.S. Department of Homeland Security, United States Citizenship and Immigration Services, United States Customs and Border Protection and United States Department of Justice Mediation Questionnaire due on 08/02/2023. Transcript ordered by 08/24/2023. Transcript due 09/25/2023. Appellants Joseph R. Biden, Executive Office for Immigration Review, Merrick B. Garland, Attorney General, Ur M. Jaddou, Alejandro N. Mayorkas, Troy A. Miller, David Neal, U.S. Department of Homeland Security, United States Citizenship and Immigration Services, United States Customs and Border Protection and United States Department of Justice opening brief due 11/02/2023. Appellees American Gateways, Central American Resource Center, East Bay Sanctuary Covenant, Immigrant Defenders Law Center, National Center for Lesbian Rights and Tahirih Justice Center answering brief due 12/04/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12762420] (JBS) [Entered: 07/26/2023 10:48 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
