O.A. et al v. TRUMP et al
| G.Z., K.S., D.S., C.A., O.A., A.V., L.C.V.R, Y.A.L.P., A.J.E.A.M., C.S.C.C., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.A.L.G., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., N.A.G.A., R.G.G., S.M.S.R., R.S.P.S., Z.A.G.G., R.D.P.V., A.J.A.C. and K.P.P.V. |
| JOHN LAFFERTY, LEE FRANCIS CISSNA, MATTHEW G. WHITAKER, KRISTJEN M. NIELSEN, DONALD J. TRUMP, RONALD D. VITIELLO, U.S. DEPARTMENT OF HOMELAND SECURITY, JAMES MCHENRY, U.S. CUSTOMS AND BORDER PROTECTION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, U.S. DEPARTMENT OF JUSTICE and U.S. IMMIGRATION AND CUSTOM ENFORCEMENT |
| RON WYDEN, OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES, KAMALA D. HARRIS, RICHARD BLUMENTHAL, PATICK J. LEAHY, SHELDON WHITEHOUSE, JEFF MERKLEY, CORY BOOKER and IMMIGRATION REFORM LAW INSTITUTE |
| 1:2018cv02718 |
| November 20, 2018 |
| US District Court for the District of Columbia |
| Randolph D Moss |
| Other Statutory Actions |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on October 11, 2019. A more recent docket listing may be available from PACER.
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| USCA Case Number 19-5272 for #96 Notice of Appeal to DC Circuit Court,,, filed by KEVIN K. MCALEENAN, DONALD J. TRUMP, KRISTJEN M. NIELSEN, U.S. CUSTOMS AND BORDER PROTECTION, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. DEPARTMENT OF JUSTICE, RONALD D. VITIELLO, JOHN LAFFERTY, MATTHEW G. WHITAKER, U.S. DEPARTMENT OF HOMELAND SECURITY, L. FRANCIS CISSNA, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (zrdj) |
| Filing 97 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re #96 Notice of Appeal to DC Circuit Court,,,. (ztd) |
| Filing 96 NOTICE OF APPEAL TO DC CIRCUIT COURT by JAMES MCHENRY, KRISTJEN M. NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, MATTHEW G. WHITAKER, KEVIN K. MCALEENAN, U.S. DEPARTMENT OF JUSTICE, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, L. FRANCIS CISSNA, U.S. DEPARTMENT OF HOMELAND SECURITY, RONALD D. VITIELLO, DONALD J. TRUMP, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, JOHN LAFFERTY, U.S. DEPARTMENT OF HOMELAND SECURITY, KRISTJEN M. NIELSEN, U.S. CUSTOMS AND BORDER PROTECTION, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, RONALD D. VITIELLO, U.S. DEPARTMENT OF JUSTICE, MATTHEW G. WHITAKER, JAMES MCHENRY, DONALD J. TRUMP, L. FRANCIS CISSNA. Fee Status: No Fee Paid. Parties have been notified. Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Gray, Kathryne) |
| Filing 95 NOTICE OF WITHDRAWAL OF APPEARANCE as to A.V., C.A., D.S., G.Z., K.S., O.A.. Attorney Eleni R. Bakst terminated. (ztd) |
Filing 94
ORDER: It is hereby ORDERED that Plaintiffs' motions for summary judgment and class certification, Dkt. #51 ; Dkt. #52 , are GRANTED in part and DENIED in part; Defendants' cross-motion for summary judgment, Dkt. #66 , is DENIED; and Plaintiffs' earlier-filed motions for temporary and preliminary injunctive relief, Dkt. #6 ; Mot. for Temp. Restraining Order, Dkt. 6, S.M.S.R. et al. v. Trump et al. (No. 18-2838), are DENIED as moot. See document for details. Signed by Judge Randolph D. Moss on 8/2/2019. (lcrdm1, )
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Filing 93
ORDER: It is hereby ORDERED that (1) a class consisting of "[a]ll noncitizen asylum-seekers who have entered or will enter the United States through the southern border but outside ports of entry after November 9, 2018," is certified pursuant to Fed. R. Civ. P. 23(b)(2); (2) named Plaintiffs O.A., A.V., K.S., G.Z., C.A., D.S. S.M.S.R., R.S.P.S., L.C.V.R., C.S.C.C., R.G.G., D.A.G.A., A.J.A.C. (on behalf of his minor son, A.J.E.A.M.), K.P.P.V., R.D.P.V., and Y.A.L.P. are designated as class representatives; and (3) counsel for Plaintiffs in the consolidated cases O.A. v. Trump and S.M.S.R. v. Trump are designated as co-counsel for the class. See document for details. Signed by Judge Randolph D. Moss on 8/2/2019. (lcrdm1, )
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Filing 92
MEMORANDUM OPINION GRANTING in part and DENYING in part Plaintiffs' motions for summary judgment and class certification, Dkt. #51 ; Dkt. #52 ; DENYING Defendants' cross-motion for summary judgment, Dkt. #66 ; and DENYING as moot Plaintiffs' earlier-filed motions for temporary and preliminary injunctive relief, Dkt. #6 ; Mot. for Temp. Restraining Order, Dkt. 6, S.M.S.R. et al. v. Trump et al. (No. 18-2838). See document for details. Signed by Judge Randolph D. Moss on 8/2/2019. (lcrdm1, )
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| Filing 91 RESPONSE to Government's Notice of Supplemental Authority #89 by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, R.S.P.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., S.M.S.R., A.J.A.C., A.J.E.A.M., A.V., C.A., C.S.C.C., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, D.S., G.Z., K.P.P.V., K.S., L.C.V.R, N.A.G.A., O.A., R.D.P.V., R.G.G., R.S.P.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., S.M.S.R., Y.A.L.P. Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Hentoff, Thomas) Modified to add linkage and title on 8/12/2019 (ztd). |
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MINUTE ORDER: Upon consideration of Plaintiffs sealed motion for leave to file under seal, Dkt. #50 , it is hereby ORDERED that the motion is GRANTED. The following documents shall be deemed filed, under seal: Dkt. [50-1]; Dkt. [50-2]; Dkt. [50-3]; Dkt. [50-4]; Dkt. [50-5]; Dkt. [50-6]; Dkt. [50-7]; Dkt. [50-8]; Dkt. [50-9]; Dkt. [50-10]; and Dkt. [50-11]. Signed by Judge Randolph D. Moss on 8/2/2019. (lcrdm1, )
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| Filing 90 RESPONSE re Order,, Defendants' Statement of Material Facts filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER, L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER. Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Gray, Kathryne) |
| Filing 89 NOTICE OF SUPPLEMENTAL AUTHORITY by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER, L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER (Attachments: #1 Exhibit A)Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Gray, Kathryne) |
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MINUTE ORDER: It is hereby ORDERED that Defendants shall either file their statement of material facts not in genuine dispute, Dkt. #78 , on the public docket, or shall indicate to the Court why it should remain under seal, by 5:00 p.m. today, July 31, 2019. While the Court understands that the exhibits to this statement contain sensitive information and should remain under seal, the statement itself does not appear to contain any such information. Signed by Judge Randolph D. Moss on 7/31/2019. (lcrdm1, )
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| Set/Reset Deadlines: Defendants' response to the court due by 5:00 PM, 7/31/2019. (kt) |
| Filing 88 RESPONSE TO ORDER OF THE COURT by A.V., C.A., D.S., G.Z., K.S., O.A.. (Oberwetter, Ellen) Modified event title on 7/18/2019 (znmw). |
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MINUTE ORDER: Counsel is hereby directed promptly to review and, if appropriate, to respond to the Court's minute order just entered in Capital Area Immigrants' Rights Coalition, et al., v. Trump, et al., 19-cv-2117. Signed by Judge Randolph D. Moss on 7/17/2019. (lcrdm1, )
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| Filing 87 SUPPLEMENTAL MEMORANDUM to #85 in Response to O.A. PLAINTIFFS SUPPLEMENTAL STATEMENT OF MATERIAL FACTS NOT IN GENUINE DISPUTE filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER, L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER. Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Gray, Kathryne) Modified to add linkage on 7/3/2019 (ztd). |
| Filing 86 SEALED DOCUMENT (Exhibit A to Statement Concerning Undisputed Facts) filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (This document is SEALED and only available to authorized persons.)(ztd) |
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MINUTE ORDER: Upon consideration of Plaintiffs' Sealed Motion for Leave to File Under Seal, Dkt. #84 , it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 7/1/2019. (lcrdm1, )
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| Filing 85 NOTICE of Statement Concerning Undisputed Facts by A.V., C.A., D.S., G.Z., K.S., O.A. (Attachments: #1 Exhibit Exhibit A (Redacted))(Hentoff, Thomas) |
| Filing 84 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.V., C.A., D.S., G.Z., K.S., O.A. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit Exhibit A to Statement Concerning Undisputed Facts)(Hentoff, Thomas) |
| Filing 83 NOTICE of Appearance by Patricia Stottlemyer on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (Stottlemyer, Patricia) |
| Filing 82 SEALED DOCUMENT filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER re #81 Supplemental Memorandum,,, (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit Exhibit 2 to Defendants' Supplemental Brief)(Gray, Kathryne) |
| Filing 81 SUPPLEMENTAL MEMORANDUM to Defendants' Cross-Motion for Summary Judgment filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER, L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER. Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Gray, Kathryne) |
| Filing 80 SUPPLEMENTAL MEMORANDUM to re #51 MOTION to Certify Class MOTION for Summary Judgment filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (Attachments: #1 Declaration Declaration of A. Welsh)(Hentoff, Thomas) |
| Filing 79 TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on May 29, 2019. Page Numbers: 1 - 112. Date of Issuance: June 4, 2019. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced a bove. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/25/2019. Redacted Transcript Deadline set for 7/5/2019. Release of Transcript Restriction set for 9/2/2019.(Hook, Jeff) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 5/29/2019 re: #51 MOTION to Certify Class MOTION for Summary Judgment filed by K.S., O.A., D.S., G.Z., A.V., C.A., #52 MOTION to Certify Class MOTION for Summary Judgment filed by A.J.A.C., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., K.P.P.V., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, N.A.G.A., S.M.S.R., R.S.P.S., Y.A.L.P., R.D.P.V., A.J.E.A.M., L.C.V.R, R.G.G., C.S.C.C., and #66 Cross MOTION for Summary Judgment filed by KEVIN K. MCALEENAN, DONALD J. TRUMP, KRISTJEN M. NIELSEN, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF JUSTICE, RONALD D. VITIELLO, JOHN LAFFERTY, MATTHEW G. WHITAKER, U.S. DEPARTMENT OF HOMELAND SECURITY, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. MATTERS TAKEN UNDER ADVISMENT. Plaintiff's Supplemental Brief, 10 pages or less, due by 6/5/2019; Government's Response, 10 pages or less, due by 6/12/2019. (Court Reporter Jeff Hook.) (kt) |
| Filing 78 SEALED DOCUMENT filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER re Order,, Order,,,, (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit Ex. A (D.S. & C.A. Hearing Notices), #2 Exhibit Ex. B (Decl. of Burgus), #3 Exhibit Ex. C (G.Z. Hearing Notices), #4 Exhibit Ex. D - Decl. of Hale, #5 Exhibit Ex. E D.R. Hearing Notices, #6 Exhibit Ex. F Decl. of Johnson, #7 Exhibit Ex. G P.R. Hearing Notices, #8 Exhibit Ex. H G.R. Hearing Notices and Other Documents, #9 Exhibit Ex. I NTA for A.V., #10 Exhibit Ex. J S.M.S.R. and R.S.P.S. Worksheets and Hearing Notices, #11 Exhibit Ex. K - L.V.C.R. and C.S.C.C. Worksheets and Hearing Notices, #12 Exhibit Ex. L R.G.G. and N.A.G.A. Hearing Notices, #13 Exhibit Ex. M - A.J.E.A.M. Worksheet and Hearing Notices, #14 Exhibit Ex. N - K.P.P.V. and R.D.P.V. Worksheet and Hearing Notices, #15 Exhibit Ex. O Y.A.L.P. Hearing Notices)(Gray, Kathryne) |
| Set/Reset Deadlines: The Government shall file any updated information regarding the Notices to Appear ("NTA") and/or notices of hearing dates for each of the Plaintiffs on or before 5/28/2019. (kt) |
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MINUTE ORDER: In light of the parties' discussion of Pereira v. Sessions, 138 S. Ct. 2105 (2018), it is hereby ORDERED that the Government shall file any updated information regarding the Notices to Appear ("NTA") and/or notices of hearing dates for each of the Plaintiffs on or before May 28, 2019. The Court notes that for Plaintiffs D.R., P.R., G.R., L.C.V.R., C.S.C.C., R.G.G., N.A.G.A., K.P.P.V., R.D.P.V., A.J.E.A.M., and Y.A.L.P., the Government has not submitted documentation of notices of hearing dates, although it asserts that "each individual Plaintiff who was issued an NTA has also received a notice of hearing date." Dkt. 66 at 39. Signed by Judge Randolph D. Moss on 5/24/2019. (lcrdm1, )
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MINUTE ORDER: Local Rule 7(h) provides that no Statement of Material Facts is necessary in cases in which judicial review is based solely on the administrative record. LCvR 7(h)(2). Because the parties have taken positions as to justiciability that rely on facts outside of the administrative record, however, this is not such a case. See, e.g., Chesapeake Climate Action Network v. Export-Import Bank of the U.S., 78 F. Supp. 3d 208, 217 (D.D.C. 2015) ("Although judicial review of agency action is typically confined to the administrative record, where there is not sufficient evidence of standing in the record because the question was not before the agency, plaintiffs may submit extra-record evidence to establish standing."). Accordingly, it is hereby ORDERED that the Government shall file a response to Plaintiffs' statements of material facts not in dispute, Dkt. 51-1; Dkt. 52-2, on or before May 28, 2019, at 2:00 p.m. Signed by Judge Randolph D. Moss on 5/21/2019. (lcrdm1, )
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| Set/Reset Deadlines: Government's Response due by 5/28/2019, at 2:00 PM. (kt) |
| Set/Reset Hearings: Motion Hearing set for 5/29/2019, at 9:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) |
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MINUTE ORDER: It is hereby ORDERED that the parties shall appear for oral argument on their pending motions on May 29, 2019, at 9:30 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 5/13/2019. (lcrdm1, )
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MINUTE ORDER: The Court intends to hear oral argument on the parties' pending motions at 9:30 a.m. in Courtroom 21 on either May 29, 2019, or May 31, 2019. The Court requests that the parties be prepared to appear at these times, and will notify the parties regarding which day to appear as soon as possible. Signed by Judge Randolph D. Moss on 5/8/2019. (lcrdm1, )
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| Filing 77 NOTICE of Change of Address by Elizabeth Hagerty (Hagerty, Elizabeth) |
| Filing 76 REPLY to opposition to motion re (66 in 1:18-cv-02718-RDM) Cross MOTION for Summary Judgment filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER, L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER. (Attachments: #1 Exhibit A, NTAs for L.V.C.R. & C.S.C.C., #2 Exhibit B, NTAs for R.G.G. & N.A.G.A., #3 Exhibit C, Defendants Response to Plaintiffs Reply Concerning Statement of Material Facts)(York, Thomas) |
| Filing 75 Memorandum in opposition to re #66 Cross MOTION for Summary Judgment filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (See Docket Entry #73 to view document). (znmw) |
| Filing 74 Memorandum in opposition to re #66 Cross MOTION for Summary Judgment filed by A.J.A.C., A.J.E.A.M., C.S.C.C., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, K.P.P.V., L.C.V.R, N.A.G.A., R.D.P.V., R.G.G., R.S.P.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., S.M.S.R., Y.A.L.P.. (See Docket Entry #72 to view document). (znmw) |
| Filing 73 REPLY to opposition to motion re #51 MOTION to Certify Class MOTION for Summary Judgment filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (Attachments: #1 Statement of Facts Reply Supporting Statement of Material Facts)(Hentoff, Thomas) |
| Filing 72 REPLY to opposition to motion re #52 MOTION to Certify Class MOTION for Summary Judgment filed by A.J.A.C., A.J.E.A.M., C.S.C.C., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, K.P.P.V., L.C.V.R, N.A.G.A., R.D.P.V., R.G.G., R.S.P.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., S.M.S.R., Y.A.L.P.. (Bernick, Justin) |
| Filing 71 AMICUS BRIEF by IMMIGRATION REFORM LAW INSTITUTE. (ztd) |
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MINUTE ORDER: Upon consideration of the consent motion of the Immigration Reform Law Institute for leave to file brief as amicus curiae, Dkt. #70 , it is hereby ORDERED that the motion is GRANTED. The brief, Dkt. [70-1], shall be deemed filed. Signed by Judge Randolph D. Moss on 3/15/2019. (lcrdm1, )
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| Filing 70 Consent MOTION for Leave to File Amicus Brief in Support of Federal Defs by IMMIGRATION REFORM LAW INSTITUTE (Attachments: #1 Memorandum in Support Proposed Amicus Brief, #2 Text of Proposed Order Proposed Order)Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Joseph, Lawrence) |
| Filing 69 SEALED DOCUMENT filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER re #65 Memorandum in Opposition,, #68 Sealed Document,, #66 Cross MOTION for Summary Judgment (This document is SEALED and only available to authorized persons.)(Darrow, Joseph) |
| Filing 68 SEALED DOCUMENT filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER re #65 Memorandum in Opposition,, #66 Cross MOTION for Summary Judgment (This document is SEALED and only available to authorized persons.)(Darrow, Joseph) |
| Filing 67 SEALED DOCUMENT filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER re #65 Memorandum in Opposition,, #66 Cross MOTION for Summary Judgment (This document is SEALED and only available to authorized persons.)(Darrow, Joseph) |
| Filing 66 Cross MOTION for Summary Judgment by JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER (Attachments: #1 Statement of Facts Response to Plaintiffs' Statements of Facts)(Darrow, Joseph) |
| Filing 65 Memorandum in opposition to re (52 in 1:18-cv-02718-RDM, 52 in 1:18-cv-02718-RDM) MOTION to Certify Class MOTION for Summary Judgment , (51 in 1:18-cv-02718-RDM, 51 in 1:18-cv-02718-RDM) MOTION to Certify Class MOTION for Summary Judgment filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN. (Attachments: #1 Statement of Facts Response to Plaintiffs' Statements of Facts)Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Darrow, Joseph) |
| Filing 64 ADMINISTRATIVE RECORD Notice of Electronic Filing by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER, L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER. (Attachments: #1 Exhibit Index - Administrative Record, #2 Exhibit EOIR Certification - Administrative Record, #3 Exhibit DHS Certification - Administrative Record, #4 Exhibit Administrative Record)Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Gray, Kathryne) |
| Filing 63 NOTICE by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER (Attachments: #1 Exhibit)(Reuveni, Erez) |
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MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. #62 , it is hereby ORDERED that the government shall serve a certified administrative record on Plaintiffs on or before February 18, 2019; the government shall file its opposition and cross-motion on or before February 25, 2019; Plaintiffs shall file their opposition and reply on or before March 18, 2019; and the government shall file its final reply on or before March 29, 2019. Signed by Judge Randolph D. Moss on 2/3/2019. (lcrdm1, )
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| Filing 62 Joint STATUS REPORT by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER. (Reuveni, Erez) |
| Filing 61 NOTICE concerning lapse in funding and other cases by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER re Telephone Conference,, Order, (Attachments: #1 Notice in 18-18274, #2 Notice in 17-17436)(Reuveni, Erez) |
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MINUTE ORDER: Given that funding has been restored for the Department of Justice, it is hereby ORDERED that the stay in this case is lifted. It is further ORDERED that the parties shall meet and confer and submit a joint status report, on or before Friday, February 1, 2019, that includes a proposed briefing schedule taking into account the duration of the lapse in appropriations. Signed by Judge Randolph D. Moss on 1/28/2019. (lcrdm1, )
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| Set/Reset Deadlines: Joint Status Report due by 2/1/2019. (kt) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 1/7/2019. Defendants shall provide immediate notice to this Court if the stay in the 9th Circuit is lifted or modified in any way, as well as if it files anything in another court related to this issue. Defendants shall also provide notice regarding expending appropriated funds with respect to the rule-making process. Defendants' #46 Motion to Stay is GRANTED, for the reasons stated on the record. (Court Reporter: Jeff Hook.) (kt) |
| NOTICE of Hearing: Telephone Conference set for 1/7/2019, at 4:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) |
| Filing 60 NOTICE of Appearance pursuant to 83.2(g) by Charles G. Roth on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) |
| Filing 59 NOTICE of Appearance pursuant to 83.2(g) by Eleni R. Bakst on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) |
| Filing 58 NOTICE of Appearance pursuant to 83.2(g) by Anwen Hughes on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) |
| Filing 57 NOTICE of Appearance pursuant to 83.2(g) by Gianna Borroto on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) |
| Filing 56 NOTICE of Appearance pursuant to 83.2(g) by Charles L. Mccloud on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) |
| Filing 55 NOTICE of Appearance pursuant to 83.2(g) by Vanessa O. Omoroghomwan on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) |
| Filing 54 NOTICE of Appearance pursuant to 83.2(g) by Ruben Loyo on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) |
| Filing 53 NOTICE of Appearance pursuant to 83.2(g) by Matthew D. Heins on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) |
| Filing 52 MOTION to Certify Class , MOTION for Summary Judgment by A.J.A.C., A.J.E.A.M., C.S.C.C., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, K.P.P.V., L.C.V.R, N.A.G.A., R.D.P.V., R.G.G., R.S.P.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., S.M.S.R., Y.A.L.P. (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Declaration Decl. of LCVR, #4 Declaration Decl. of RGG, #5 Declaration Decl. of AJAC, #6 Declaration Decl. of KPPV, #7 Declaration Decl. of YALP, #8 Declaration Decl. of K. Welborn, #9 Declaration Decl. of J. Bernick, #10 Declaration Decl. of M. Govindaiah, #11 Declaration Decl. of A. Appelbaum, #12 Declaration Decl. of S. Fluharty, #13 Text of Proposed Order, #14 Certificate of Service)(Bernick, Justin) |
| Filing 51 MOTION to Certify Class , MOTION for Summary Judgment by A.V., C.A., D.S., G.Z., K.S., O.A. (Attachments: #1 Statement of Facts, #2 Declaration of Plaintiff OA (Redacted Original), #3 Declaration of Plaintiff OA (Redacted Supplemental), #4 Declaration of Plaintiff AV (Redacted Original), #5 Declaration of Plaintiff AV (Redacted Supplemental), #6 Declaration of Plaintiff GZ (Redacted Original), #7 Declaration of Plaintiff GZ (Redacted Supplemental), #8 Declaration of Plaintiff DS (Redacted Original), #9 Declaration of Plaintiff DS (Redacted Supplemental), #10 Declaration of Plaintiff DR, #11 Declaration of Plaintiff PR, #12 Declaration of Plaintiff GR, #13 Declaration of Ana C. Reyes, #14 Declaration of Hardy Vieux, #15 Declaration of Charles G. Roth, #16 Text of Proposed Order Granting Class Certification and Summary Judgment)(Hentoff, Thomas) |
| Filing 50 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.V., C.A., D.S., G.Z., K.S., O.A. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Declaration of Plaintiff OA (Original), #2 Declaration of Plaintiff OA (Supplemental), #3 Declaration of Plaintiff AV (Original), #4 Declaration of Plaintiff AV (Supplemental), #5 Declaration of Plaintiff GZ (Original), #6 Declaration of Plaintiff GZ (Supplemental), #7 Declaration of Plaintiff DS (Original), #8 Declaration of Plaintiff DS (Supplemental), #9 Declaration of Plaintiff DR, #10 Declaration of Plaintiff PR, #11 Declaration of Plaintiff GR, #12 Text of Proposed Order Granting Motion to File Under Seal)(Hentoff, Thomas) |
| Filing 49 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/28/2018. Answer due for ALL FEDERAL DEFENDANTS by 2/26/2019. (Heins, Matthew) |
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MINUTE ORDER: Upon consideration of the notice of voluntary dismissal, Dkt. #48 , it is hereby ORDERED that Plaintiffs Z.A.G.G. and D.A.L.G. are dismissed from this matter without prejudice. Signed by Judge Randolph D. Moss on 1/4/2019. (lcrdm1, )
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| Filing 48 NOTICE of Voluntary Dismissal re Z.A.G.G. & D.A.L.G. (Bernick, Justin) |
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MINUTE ORDER: Upon consideration of the motion for leave to appear pro hac vice, Dkt. #47 , it is hereby ORDERED that the motion is GRANTED. Adina Appelbaum is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 1/3/2019. (lcrdm1, )
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| Filing 47 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Adina Appelbaum, :Firm- CAIR Coalition, :Address- 1612 K Street NW Suite 204, Washington, DC 20006. Phone No. - 202-899-1412. Fax No. - 202-331-3341 Filing fee $ 100, receipt number 0090-5866257. Fee Status: Fee Paid. by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, R.S.P.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., S.M.S.R. (Attachments: #1 Declaration of Adina Appelbaum)(Welborn, Kaitlin) |
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MINUTE ORDER: Upon consideration of Defendants' Motion to Stay, Dkt. #46 , it is hereby ordered that the motion is GRANTED in part and DENIED in part. The motion is GRANTED with respect to Defendants' request to stay production of the certified administrative record, on the understanding that the record will be identical to that produced in the East Bay litigation. With respect to Defendants' request to stay current briefing deadlines, the motion is DENIED. Although the Court is mindful of the current lapse in appropriations, where there is "some reasonable and articulable connection between the function to be performed and the safety of human life or the protection of property," government functions may continue. 43 Op. Att'y Gen. 293 (January 16, 1981). Plaintiffs allege that this is just such a case. The Court further notes that, according to government reports, 48% of employees from the Executive Office for Immigration Review are excepted "to process all immigration cases and appeals involving detained aliens," U.S. Department of Justice FY 2019 Contingency Plan at 5; see also id. at 12, and approximately 91% of Customs and Border Protection employees and 81% of Immigration and Customs Enforcement employees will be retained during a lapse in appropriations. See U.S. Department of Homeland Security, Procedures Relating to a Lapse in Appropriations, at 35-37 (Dec. 17, 2018). Signed by Judge Randolph D. Moss on 12/27/2018. (lcrdm1, )
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| Filing 46 MOTION to Stay by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER (Attachments: #1 Text of Proposed Order)(Reuveni, Erez) |
| Set/Reset Deadlines: Plaintiffs shall file their combined motions for summary judgment and motions with respect to class certification on or before 1/4/2019; Defendants shall file their combined opposition to Plaintiffs' motions and and their cross-motion on or before 1/18/2019; Plaintiffs shall file their combined opposition to Defendants' cross-motion and reply on or before 2/1/2019; Defendants shall file their final reply in support of their cross-motion on or before 2/8/2019; Defendants certified copy of the administrative record due on or before 1/4/2019. (kt) |
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MINUTE ORDER: In light of the telephone conference with the parties on December 21, 2018, the following schedule shall govern further proceedings in this case: (1) Plaintiffs shall file their combined motions for summary judgment and motions with respect to class certification on or before January 4, 2019 (limited to 30 pages for each Plaintiff group); (2) Defendants shall file their combined opposition to Plaintiffs' motions and and their cross-motion on or before January 18, 2019 (limited to 60 pages); (3) Plaintiffs shall file their combined opposition to Defendants' cross-motion and reply on or before February 1, 2019 (limited to 30 pages for each Plaintiff group); and (4) Defendants shall file their final reply in support of their cross-motion on or before February 8, 2019 (limited to 30 pages). Defendants shall promptly provide Plaintiffs with a copy of the administrative record, and shall file a certified copy of the administrative record with the Court on or before January 4, 2019. Signed by Judge Randolph D. Moss on 12/21/2018. (lcrdm1, ) Modified on 12/26/2018 to correct date/year for one of the deadlines (kt).
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| Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 12/21/2018. The #6 Motion for Temporary Restraining Order and Preliminary Injunction are HELD IN ABEYANCE. The parties may file supplemental briefs/additional motions on or before 12/28/2018; Opposition briefs due 1/11/2019; Replies due by 1/17/2019. If there are any other developments, the parties shall confer and file a joint status report. (Court Reporter: Jeff Hook.) (kt) |
| Filing 45 NOTICE of Appearance by Mary Beth Hickcox-Howard on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (Hickcox-Howard, Mary Beth) |
| Filing 43 SUMMONS (1) Issued Electronically for Amended Complaint as to U.S. Attorney (ztd) |
| Filing 42 REQUEST FOR SUMMONS TO ISSUE filed by G.Z., O.A., K.S., D.S., C.A., A.V..(Hentoff, Thomas) |
| Filing 41 TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on December 17, 2018. Page Numbers: 1 - 155. Date of Issuance: December 19, 2018. Court Reporter: Jeff Hook. Contact Information: 202-354-3373 / jeff_hook@dcd.uscourts.gov. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/9/2019. Redacted Transcript Deadline set for 1/19/2019. Release of Transcript Restriction set for 3/19/2019.(Hook, Jeff) |
| NOTICE OF ERROR re #38 Notice (Other); emailed to thentoff@wc.com, cc'd 25 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. Each attorney must use their own CMECF password to electronically file. (ztd, ) |
| Filing 44 SEALED DOCUMENT filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER. (This document is SEALED and only available to authorized persons.)(ztd) |
| Filing 40 AMENDED COMPLAINT against L. FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER filed by G.Z., O.A., K.S., D.S., C.A., A.V..(Hentoff, Thomas) |
| Filing 39 AMENDED COMPLAINT against All Defendants filed by R.S.P.S., S.M.S.R., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, S.M.S.R., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., R.S.P.S..Associated Cases: 1:18-cv-02718-RDM, 1:18-cv-02838-RDM(Bernick, Justin) |
| Filing 38 ENTERED IN ERROR. . . . .NOTICE of Certification Pursuant to LCvR 83.2(g) -- Vanessa O. Omoroghomwan by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) Modified on 12/19/2018 (ztd). |
| Filing 37 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit Form I-860 Order of Expedited Removal, #2 Exhibit Form I-213 Record of Removable Alien, #3 Exhibit Notice to Appear, #4 Exhibit Notice to Appear, #5 Exhibit Notice to Appear, #6 Exhibit Notice to Appear, #7 Exhibit Notice to Appear, #8 Exhibit Notice to Appear, #9 Exhibit Notice to Appear, #10 Exhibit Additional Hearing Notices)(Reuveni, Erez) |
| Filing 36 NOTICE of filing of Plaintiffs' notices of appearance and order of expedited removal by L. FRANCIS CISSNA, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JOHN LAFFERTY, KEVIN K. MCALEENAN, JAMES MCHENRY, KRISTJEN M. NIELSEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER (Reuveni, Erez) |
| Filing 35 NOTICE of Appearance by Ana C. Reyes on behalf of A.V., C.A., D.S., G.Z., K.S., O.A. (Reyes, Ana) |
| Set/Reset Hearings: Status Conference set for 12/21/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) |
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MINUTE ORDER: Upon consideration of Defendants' sealed motion for leave to file under seal, Dkt. #37 , the motion is hereby GRANTED. Signed by Judge Randolph D. Moss on 12/18/2018. (lcrdm1, )
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| Filing 33 NOTICE of Appearance by Christina Greer on behalf of L. FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER (Greer, Christina) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 12/17/2018 re: #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by O.A., K.S., D.S., G.Z., A.V., C.A. The #6 Motion is HELD IN ABEYANCE. The Court ORDERS that this case and case no. 18cv2838 be CONSOLIDATED, with this case being designated as the lead case. The parties shall meet and confer as to a proposed schedule going forward. Plaintiffs to file an Amended Complaint by end of day on 12/18/2018. (Court Reporter: Jeff Hook.) (kt) |
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MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference at 10:00 a.m. on Friday, December 21, 2018, in Courtroom 21 to discuss further proceedings in this matter. Signed by Judge Randolph D. Moss on 12/17/2018. (lcrdm1, )
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| Filing 32 NOTICE of Certification Pursuant to LCvR 83.2(g) -- Charles George Roth by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) |
| Filing 31 NOTICE of Certification Pursuant to LCvR 83.2(g) -- Anwen Hughes by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) |
| Filing 30 NOTICE of Certification Pursuant to LCvR 83.2(g) -- Matthew D. Heins by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) |
| Filing 29 NOTICE of Certification Pursuant to LCvR 83.2(g) -- Gianna Borroto by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) |
| Filing 28 NOTICE of Certification Pursuant to LCvR 83.2(g) -- Eleni Rebecca Bakst by A.V., C.A., D.S., G.Z., K.S., O.A. (Hentoff, Thomas) |
| Filing 34 AMICUS BRIEF by RICHARD BLUMENTHAL, CORY BOOKER, KAMALA D. HARRIS, PATICK J. LEAHY, JEFF MERKLEY, SHELDON WHITEHOUSE, RON WYDEN. (ztd) |
| Filing 27 NOTICE of Appearance by Scott Grant Stewart on behalf of All Defendants (Stewart, Scott) |
| Filing 26 NOTICE of Appearance by Susan Baker Manning on behalf of RICHARD BLUMENTHAL, CORY BOOKER, KAMALA D. HARRIS, JEFF MERKLEY, SHELDON WHITEHOUSE, RON WYDEN (Manning, Susan) Modified text to correct spelling on 12/14/2018 (ztd). |
| Filing 25 NOTICE of Appearance by Susan Baker Manning on behalf of PATRICK J. LEAHY (Manning, Susan); Modified text on 12/14/2018 (ztth). |
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MINUTE ORDER: Upon consideration of the unopposed motion of Senators Patrick J. Leahy, Ron Wyden, Sheldon Whitehouse, Richard Blumenthal, Jeff Merkley, Cory Booker, and Kamala D. Harris for leave to file brief as amicus curiae, Dkt. #24 , the motion is hereby GRANTED. The brief, Dkt. [24-1], shall be deemed FILED. Signed by Judge Randolph D. Moss on 12/14/2018. (lcrdm1, )
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| Filing 24 MOTION for Leave to File Brief as Amici Curiae by PATRICK J. LEAHY, RON WYDEN, SHELDON WHITEHOUSE, RICHARD BLUMENTHAL, JEFF MERKLEY, CORY BOOKER, KAMALA D. HARRIS (Attachments: #1 Amicus Brief, #2 Text of Proposed Order)(Manning, Susan); Modified text on 12/14/2018 (tth). |
| Filing 23 REPLY to opposition to motion re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (Hentoff, Thomas) |
| Filing 22 Memorandum in opposition to re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by L. FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration, #7 Declaration, #8 Declaration, #9 Declaration, #10 Text of Proposed Order)(Reuveni, Erez) |
| Filing 21 AMICUS BRIEF by OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES. (ztd) |
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MINUTE ORDER: Upon consideration of the motion for leave to appear pro hac vice, Dkt. #19 , it is hereby ORDERED that the motion is GRANTED. Vaishalee V. Yeldandi is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 12/7/2018. (lcrdm1, )
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MINUTE ORDER: Upon consideration of the unopposed motion of the Office of the United Nations High Commissioner for Refugees for leave to file brief as amicus curiae, Dkt. #20 , the motion is hereby GRANTED. The brief, Dkt. [20-1], shall be deemed FILED. Signed by Judge Randolph D. Moss on 12/7/2018. (lcrdm1, )
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| Filing 20 Unopposed MOTION for Leave to File Brief as Amicus Curiae by OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (Attachments: #1 Amicus Brief, #2 Text of Proposed Order)(Pearsall, Patrick) |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Vaishalee V. Yeldandi, :Firm- Jenner & Block LLP, :Address- 353 N. Clark Street, Chicago, IL 60654. Phone No. - 312-840-7378. Fax No. - 312-527-0484 Filing fee $ 100, receipt number 0090-5826292. Fee Status: Fee Paid. by OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (Attachments: #1 Declaration, #2 Text of Proposed Order)(Pearsall, Patrick) |
| Filing 18 NOTICE of Appearance by Patrick William Pearsall on behalf of OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (Pearsall, Patrick) |
| Filing 17 NOTICE of Appearance by Thomas Benton York on behalf of All Defendants (York, Thomas) (Main Document 17 replaced on 12/7/2018) (ztd). |
| Set/Reset Deadlines/Hearings: Motion Hearing re: #6 Motion for Temporary Restraining Order set for 12/17/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. Plaintiff's reply brief due by 12/12/2018. (kt) |
| Filing 16 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/30/2018. (Hentoff, Thomas) |
| Filing 15 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN LAFFERTY served on 11/30/2018 (Hentoff, Thomas) |
| Filing 14 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LEE FRANCIS CISSNA served on 11/30/2018 (Hentoff, Thomas) |
| Filing 13 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KRISTJEN M. NIELSEN served on 11/30/2018 (Hentoff, Thomas) |
| Filing 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 11/30/2018 (Hentoff, Thomas) |
| Filing 11 RESPONSE TO ORDER OF THE COURT re Order on Motion for Briefing Schedule,, Plaintiffs' Submission in Response to Court's November 23, 2018 Minute Order Regarding Proposed TRO Hearing Dates filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (Hentoff, Thomas) |
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MINUTE ORDER: Upon consideration of Plaintiffs' submission, Dkt. #11 , it is hereby ORDERED that the parties shall appear for a hearing on Plaintiffs' TRO motion on Monday, December 17, 2018, at 10:00 a.m. in Courtroom 21. It is further ORDERED that the date previously set for Plaintiffs to file their reply brief is VACATED, and Plaintiffs shall now file their reply brief on or before Wednesday, December 12, 2018. Signed by Judge Randolph D. Moss on 11/30/2018. (lcrdm1, )
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| Filing 10 SUMMONS (5) Issued Electronically as to LEE FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER. (ztd) |
| Filing 9 REQUEST FOR SUMMONS TO ISSUE filed by K.S., G.Z., D.S., O.A., C.A., A.V..(Hentoff, Thomas) |
| Set/Reset Deadlines: Defendants' response shall be filed on or before 12/7/2018: Plaintiffs' reply shall be filed on or before 12/14/2018; Joint proposed dates regarding hearing on TRO motion due by 11/30/2018. (kt) |
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MINUTE ORDER: Upon consideration of Plaintiffs' Sealed Motion for Leave to File Document Under Seal, Dkt. #5 , it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 11/25/2018. (lcrdm1, )
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| Filing 8 Unopposed MOTION for Briefing Schedule by O.A. (Attachments: #1 Text of Proposed Order)(Oberwetter, Ellen) |
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MINUTE ORDER: Upon consideration of Plaintiffs' unopposed motion for briefing schedule, Dkt. #8 , it is hereby ORDERED that the motion is GRANTED. Defendants' response shall be filed on or before Friday, December 7, 2018, and Plaintiffs' reply shall be filed on or before Friday, December 14, 2018. It is further ORDERED that the parties shall meet and confer about the date of a hearing on Plaintiffs' TRO motion and shall file proposed dates on or before Friday, November 30, 2018. Signed by Judge Randolph D. Moss on 11/23/2018. (lcrdm1, )
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Filing 7
STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in this Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 11/21/2018. (lcrdm1, )
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| Filing 6 MOTION for Temporary Restraining Order by A.V., C.A., D.S., G.Z., K.S., O.A. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration, #7 Text of Proposed Order)(Hentoff, Thomas). Added MOTION for Preliminary Injunction on 11/26/2018 (ztd). |
| Filing 5 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.V., C.A., D.S., G.Z., K.S., O.A. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Text of Proposed Order, #7 Certificate of Service)(Hentoff, Thomas) |
| SUMMONS Not Issued as to LEE FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER (ztd) Modified date filed on 12/3/2018 (ztd). |
| Filing 4 SEALED DOCUMENT (Main Document - List) filed by A.V., C.A., D.S., G.Z., K.S., O.A.. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration)(ztd) |
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Filing 3
Memorandum and ORDER re #2 MOTION to Proceed Under Pseudonym filed by O.A., K.S., D.S., G.Z., A.V., C.A.. Signed by Chief Judge Beryl A. Howell on 11/20/18. (ztd)
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| Filing 2 MOTION to Proceed Under Pseudonym by A.V., C.A., D.S., G.Z., K.S., O.A. (ztd) (Additional attachment(s) added on 11/21/2018: #1 List, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Text of Proposed Order) (ztd). |
| Filing 1 COMPLAINT against LEE FRANCIS CISSNA, JOHN LAFFERTY, KRISTJEN M. NIELSEN, DONALD J. TRUMP, MATTHEW G. WHITAKER ( Filing fee $ 400, receipt number 4616095599) filed by K.S., G.Z., D.S., O.A., C.A., A.V.. (Attachments: #1 Civil Cover Sheet)(ztd) |
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