Nancy Huisha-Huisha, et al v. Alejandro Mayorkas, et al
| Immigration Reform Law Institute |
| Nancy Gimena Huisha-Huisha, and her minor child, I.M.C.H., Valeria Macancela Bermejo, and her minor daughter, B.A.M.M., Josaine Pereira-De Souza, and her minor children, H.N.D.S., E.R.P.D.S., M.E.S.D.S., H.T.D.S.D.S., on behalf of themselves and others similarly situated, Martha Liliana Taday-Acosta, and her minor children, D.J.Z., J.A.Z., Julien Thomas, Fidette Boute, and their minor children, D.J.T.-B., T.J.T.-B., Romilus Valcourt, Bedapheca Alcante, and their minor child, B.V.-A. and All Plaintiffs |
| Alejandro N. Mayorkas, Secretary of Homeland Security, in his official capacity, Tae Johnson, Senior Official Performing the Duties of the Director of U.S. Immigration and Customs Enforcement, in his official capacity, Rochelle P. Walensky, Dr., Director of the Centers for Disease Control and Prevention, in her official capacity, Xavier Becerra, Secretary of Health and Human Services, in his offical capacity, Chris Magnus, Commissioner, CBP Office of Field Operations, Pete Flores, Executive Assistant Commisioner, CBP Office of Field Operations and Raul L. Ortiz, Chief of U.S. Border Patrol, in his official capacity |
| State of Arizona, State of Louisiana, State of Alabama, State of Kansas, State of Alaska, Commonwealth of Kentucky, State of Montana, State of Missouri, State of Nebraska, State of Ohio, State of South Carolina, State of Oklahoma, State of Texas, State of Tennessee, Commonwealth of Virginia, State of Utah, State of West Virginia and State of Wyoming |
| State of Mississippi |
| 22-5325 |
| December 9, 2022 |
| U.S. Court of Appeals, D.C. Circuit |
| Other Personal Injury |
Docket Report
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| NOTICE [1993701] to withdraw attorney Ming Yu Cheung filed by All Plaintiffs (Service Date: 04/06/2023 by CM/ECF NDA) Length Certification: 71 words. [22-5325]--[Edited 04/10/2023 by LMF] (Cheung, Ming) [Entered: 04/06/2023 04:57 PM] |
| NOTICE [1984245] to withdraw attorney D. John Sauer filed by State of Missouri (Service Date: 02/01/2023 by Email) Length Certification: 53. [22-5325]--[Edited 02/03/2023 by LMF] (Sauer, Dean) [Entered: 02/01/2023 04:49 PM] |
| ENTRY OF APPEARANCE [1984223] filed by Jeff P. Johnson on behalf of Amicus Curiae for Appellant State of Missouri. [22-5325] (Johnson, Jeff) [Entered: 02/01/2023 02:48 PM] |
| CLERK'S ORDER [1982224] filed considering motion to hold case in abeyance [ # 1980682-2 ] and response [1982137-2, holding case in abeyance. Case 22-5325 held in abeyance pending decision in 22-592 from U.S. Supreme Court. Motions to govern future proceedings due 30 days of court's disposition of case [22-5325] [Entered: 01/20/2023 10:06 AM] |
| RESPONSE IN OPPOSITION [1982137] to motion to hold case in abeyance [ # 1980682-2 ] filed by All Plaintiffs [Service Date: 01/19/2023 by CM/ECF NDA] Length Certification: 947 Words. [22-5325] (Gelernt, Lee) [Entered: 01/19/2023 02:59 PM] |
| MOTION [1980682] to hold case in abeyance filed by Xavier Becerra, Pete Flores, Tae Johnson, Chris Magnus, Alejandro N. Mayorkas, Raul L. Ortiz and Rochelle P. Walensky (Service Date: 01/09/2023 by CM/ECF NDA) Length Certification: 2128 words. [22-5325] (Waldman, Joshua) [Entered: 01/09/2023 02:33 PM] |
| LETTER [1980623] sent to the Clerk of the Supreme Court of the United States transmitting the record on appeal electronically. [22-5325] [Entered: 01/09/2023 10:36 AM] |
| LETTER [1980621] received from the Clerk of the Supreme Court of the United States requesting transmittal of the record on appeal. [22-5325] [Entered: 01/09/2023 10:32 AM] |
| LETTER [1980051] received from the Clerk of the Supreme Court of the United States notifying this court of the following activity in the case before it: A petition for writ of certiorari was filed and placed on the docket on 12/27/2022 as No. 22-592. [22-5325] [Entered: 01/04/2023 12:04 PM] |
| NOTICE [1980049] received from the Clerk of the Supreme Court of the United States notifying this court of the following activity in the case No. 22-592 before it: The application for stay pending certiorari was granted and the November 15, 2022 order of the United States District Court for the District of Columbia, case No. 1:21-cv-00100, is hereby stayed. Additionally, the application is treated as a petition for a writ of certiorari and granted. [22-5325] [Entered: 01/04/2023 11:57 AM] |
| ENTRY OF APPEARANCE [1979032] filed by Lead counsel has already appeared and co-counsel Scott Michelman, Arthur B. Spitzer on behalf of Appellee All Plaintiffs. [22-5325] (Spitzer, Arthur) [Entered: 12/23/2022 02:47 PM] |
| ENTRY OF APPEARANCE [1978500] filed by Matthew F. Kuhn on behalf of Amicus Curiae for Appellant Commonwealth of Kentucky. [22-5325] (Kuhn, Matthew) [Entered: 12/21/2022 08:03 AM] |
| NOTICE [1978367] received from the Clerk of the Supreme Court of the United States notifying this court of the following activity in the case No. 22A544 before it: The November 15, 2022 order of the United States District Court for the District of Columbia, case No. 1:21-cv-00100, is hereby stayed pending further order of the Court. [22-5325] [Entered: 12/20/2022 01:23 PM] |
| ENTRY OF APPEARANCE [1978019] filed by Lee Gelernt and co-counsel Cody Wofsy and Stephen Kang on behalf of Appellee All Plaintiffs. [22-5325] (Gelernt, Lee) [Entered: 12/16/2022 04:00 PM] |
| PER CURIAM ORDER [1978057] filed granting motion to exceed word limits [ # 1977847-2 ]; denying motion for leave to intervene [ # 1977146-2 ] in 22-5325; dismissing as moot motion to stay case [ # 1977323-2 ]; dismissing as moot motion to participate as amicus curiae [ # 1977529-2 ] SEE ORDER FOR DETAILS. Before Judges: Millett, Walker and Pan. [22-5325] [Entered: 12/16/2022 07:26 PM] |
| PER ABOVE ORDER lodged reply [ # 1977950-2 ] is filed [22-5325] [Entered: 12/16/2022 07:30 PM] |
| REPLY [1977950] lodged by Commonwealth of Kentucky, Commonwealth of Virginia, State of Alabama, State of Alaska, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia and State of Wyoming to response [ # 1977700-2 ], [ # 1977699-2 ] [Service Date: 12/15/2022 by CM/ECF NDA] Length Certification: 3,737 words. [22-5325] [Entered: 12/16/2022 01:21 PM] |
| MOTION [1977847] to exceed word limits in reply filed by State of Arizona, State of Louisiana, State of Missouri, Commonwealth of Kentucky, Commonwealth of Virginia, State of Alabama, State of Alaska, State of Kansas, State of Mississippi, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia and State of Wyoming (Service Date: 12/15/2022 by CM/ECF NDA) Length Certification: 225 words. [22-5325] (Ensign, Drew) [Entered: 12/15/2022 11:51 PM] |
| REPLY [1977846] filed by State of Arizona, State of Louisiana, State of Missouri, Commonwealth of Kentucky, Commonwealth of Virginia, State of Alabama, State of Alaska, State of Kansas, State of Mississippi, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia and State of Wyoming to response [ # 1977701-2 ], [ # 1977699-2 ] [Service Date: 12/15/2022 by CM/ECF NDA] Length Certification: 2,595 words. [22-5325] (Ensign, Drew) [Entered: 12/15/2022 11:43 PM] |
| [LEAVE TO FILE DENIED BY ORDER OF 12/16/2022]--AMICUS FOR APPELLANT BRIEF [1977825] lodged by Immigration Reform Law Institute [Service Date: 12/15/2022 ] Length of Brief: 2006. [22-5325]--[Edited 12/19/2022 by SHA] (Miano, John) [Entered: 12/15/2022 03:45 PM] |
| NOTICE [1977668] Notice Regarding Filings Below and Request to Have Motion to Intervene Made in This Court Decided By This Court filed by State of Arizona, State of Louisiana, State of Missouri, Commonwealth of Kentucky, Commonwealth of Virginia, State of Alabama, State of Alaska, State of Kansas, State of Mississippi, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia and State of Wyoming [Service Date: 12/14/2022 ] [22-5325] (Ensign, Drew) [Entered: 12/14/2022 03:50 PM] |
| RESPONSE IN OPPOSITION [1977699] to motion for leave to intervene [ # 1977146-2 ], motion to stay case [ # 1977323-2 ] filed by Xavier Becerra, Pete Flores, Tae Johnson, Chris Magnus, Alejandro N. Mayorkas, Raul L. Ortiz and Rochelle P. Walensky [Service Date: 12/14/2022 by CM/ECF NDA] Length Certification: 5013 words. [22-5325] (Waldman, Joshua) [Entered: 12/14/2022 09:01 PM] |
| RESPONSE IN OPPOSITION [1977701] to motion to stay case [ # 1977323-2 ] filed by All Plaintiffs [Service Date: 12/14/2022 by CM/ECF NDA] Length Certification: 5,174 Words. [22-5325] (Gelernt, Lee) [Entered: 12/14/2022 11:11 PM] |
| RESPONSE IN OPPOSITION [1977700] to motion for leave to intervene [ # 1977146-2 ] filed by All Plaintiffs [Service Date: 12/14/2022 by CM/ECF NDA] Length Certification: 5,157 Words.. [22-5325] (Gelernt, Lee) [Entered: 12/14/2022 10:21 PM] |
| ENTRY OF APPEARANCE [1977480] filed by Lindsay S. See and co-counsel Michael R. Williams on behalf of Movant-Intervenor State of West Virginia. [22-5325] (Williams, Michael) [Entered: 12/13/2022 03:04 PM] |
| PER CURIAM ORDER [1977339] filed directing response to motion for leave to intervene [ # 1977146-2 ] and emergency motion for stay [ # 1977323-2 ]. Plaintiffs-appellees and defendants-appellants are directed to file responses to the motions by 11:59 pm on 12/14/2022. - - Any reply to response due by 11:59 pm on 12/15/2022; Before Judges: Millett and Pan. [22-5325] [Entered: 12/13/2022 09:03 AM] |
| MOTION [1977529] to participate as amicus curiae [Disclosure Listing: Attached] filed by Immigration Reform Law Institute [Service Date: 12/13/2022 ] [22-5325]-[Edited 12/15/2022 by LMF] (Miano, John) [Entered: 12/13/2022 05:45 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1977322] filed by State of Arizona, State of Louisiana, Commonwealth of Kentucky, Commonwealth of Virginia, State of Alabama, State of Alaska, State of Kansas, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia and State of Wyoming [Service Date: 12/12/2022 ] [22-5325] (Ensign, Drew) [Entered: 12/12/2022 10:56 PM] |
| LETTER [1977290] sent regarding attorney membership to Brant Laue for State of Kansas, Marc Manley for Commonwealth of Kentucky, Christopher Robinson for State of Alaska, Ryan Schelhaas for State of Wyoming and Kathleen Smithgall for State of Montana. Application for Admission due 01/11/2023. [22-5325] [Entered: 12/12/2022 04:01 PM] |
| EMERGENCY MOTION [1977323] for stay pending appeal filed by State of Arizona, State of Louisiana, Commonwealth of Kentucky, Commonwealth of Virginia, State of Alabama, State of Alaska, State of Kansas, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia and State of Wyoming (Service Date: 12/12/2022 by CM/ECF NDA) Length Certification: 5,129 words. [22-5325] (Ensign, Drew) [Entered: 12/12/2022 11:14 PM] |
| NOTICE [1977044] received from the Clerk of the U.S. District Court to supplement record Final Judgment Under Rule 54(b) and Stay of Proceedings [22-5325] [Entered: 12/09/2022 01:59 PM] |
| NOTICE OF APPEAL [1977039] seeking review of a decision by the U.S. District Court in 1:21-cv-00100-EGS filed by Xavier Becerra, Pete Flores, Tae Johnson, Chris Magnus, Alejandro N. Mayorkas, Raul L. Ortiz and Rochelle P. Walensky. Appeal assigned USCA Case Number: 22-5325. [22-5325] [Entered: 12/09/2022 01:53 PM] |
| CLERK'S ORDER [1977088] filed directing party to file initial submissions: APPELLANT docketing statement due 01/09/2023. APPELLANT certificate as to parties due 01/09/2023. APPELLANT statement of issues due 01/09/2023. APPELLANT underlying decision due 01/09/2023. APPELLANT deferred appendix statement due 01/09/2023. APPELLANT entry of appearance due 01/09/2023. APPELLANT transcript status report due 01/09/2023. APPELLANT procedural motions due 01/09/2023. APPELLANT dispositive motions due 01/23/2023; directing party to file initial submissions: APPELLEE certificate as to parties due 01/09/2023. APPELLEE entry of appearance due 01/09/2023. APPELLEE procedural motions due 01/09/2023. APPELLEE dispositive motions due 01/23/2023 [22-5325] [Entered: 12/09/2022 03:36 PM] |
| ENTRY OF APPEARANCE [1977117] filed by Joshua Waldman and co-counsel Sharon Swingle on behalf of Appellants Xavier Becerra, Pete Flores, Tae Johnson, Chris Magnus, Alejandro N. Mayorkas, Raul L. Ortiz and Rochelle P. Walensky. [22-5325] (Waldman, Joshua) [Entered: 12/09/2022 04:38 PM] |
| US CIVIL CASE docketed. [22-5325] [Entered: 12/09/2022 01:13 PM] |
| MOTION [1977146] for leave to intervene [Disclosure Listing: Not Applicable to this Party] filed by States of Arizona, Louisiana, Alabama, Alaska, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Tennessee, Utah, Virginia, West Virginia, and Wyoming [Service Date: 12/09/2022 ] [22-5325]--[Edited 12/12/2022 by LMF] (Ensign, Drew) [Entered: 12/09/2022 10:03 PM] |
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