S.M.S.R. et al v. TRUMP et al
| S.M.S.R., R.S.P.S., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION and REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. |
| U.S. CUSTOMS AND BORDER PROTECTION, RONALD D. VITIELLO, KEVIN K. MCALEENAN, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, MATTHEW G. WHITAKER, KRISTJEN M. NIELSEN, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, JAMES MCHENRY, DONALD J. TRUMP, L. FRANCIS CISSNA and U.S. DEPARTMENT OF HOMELAND SECURITY |
| OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES |
| 1:2018cv02838 |
| December 3, 2018 |
| US District Court for the District of Columbia |
| Randolph D Moss |
| Other Statutory Actions |
| 05 U.S.C. § 0706 |
| Plaintiff |
Docket Report
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| NOTICE OF ERROR re #51 Memorandum in Opposition; emailed to joseph.a.darrow@usdoj.gov, cc'd 20 associated attorneys -- The PDF file you docketed contained errors: 1. FYI: See Court's Order of 12/17/18. In consolidated cases, unless specified, all documents are only filed in the lead case and should not be spread to the member cases. (ztd, ) |
| Filing 51 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 50 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) |
| NOTICE OF ERROR re #49 Amended Complaint; emailed to justin.bernick@hoganlovells.com, cc'd 18 associated attorneys -- The PDF file you docketed contained errors: 1. All filings should ONLY be made in the lead case no. 18cv2718. (ztd, ) |
| Filing 49 ENTERED IN ERROR. . . . .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) Modified on 12/19/2018 (ztd). |
| 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 REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., R.S.P.S., CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, S.M.S.R. The #6 Motion is HELD IN ABEYANCE. The Court ORDERS that this case be CONSOLIDATED with case no. 18cv2718, and that case no. 18cv2718 be 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) |
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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| Case consolidated pursuant to Minute Entry filed 12/17/18. The Court ORDERS that this case be CONSOLIDATED with case no. 18cv2718, and that case no. 18cv2718 be designated as the lead case. The parties are advised NOT to select the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing and emails. All parties have been added to the lead case no. 18cv2718 RDM. (ztd) |
| Filing 48 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW served on 12/7/2018 (Hagerty, Elizabeth) |
| Filing 47 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION AND CUSTOM ENFORCEMENT served on 12/10/2018 (Hagerty, Elizabeth) |
| Filing 46 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 12/10/2018 (Hagerty, Elizabeth) |
| Filing 45 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CITIZENSHIP AND IMMIGRATION SERVICES served on 12/10/2018 (Hagerty, Elizabeth) |
| Filing 44 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 12/10/2018 (Hagerty, Elizabeth) |
| Filing 43 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 12/10/2018 (Hagerty, Elizabeth) |
| Filing 42 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JAMES MCHENRY served on 12/10/2018 (Hagerty, Elizabeth) |
| Filing 41 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RONALD D. VITIELLO served on 12/10/2018 (Hagerty, Elizabeth) |
| Filing 40 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KEVIN K. MCALEENAN served on 12/10/2018 (Hagerty, Elizabeth) |
| Filing 39 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. L. FRANCIS CISSNA served on 12/10/2018 (Hagerty, Elizabeth) |
| Filing 38 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KRISTJEN M. NIELSEN served on 12/10/2018 (Hagerty, Elizabeth) |
| Filing 37 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/10/18. (Hagerty, Elizabeth) |
| Filing 36 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 12/10/2018 (Hagerty, Elizabeth) |
| Filing 35 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/10/2018. Answer due for ALL FEDERAL DEFENDANTS by 2/8/2019. (Hagerty, Elizabeth) |
| Filing 34 REPLY to opposition to motion re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed 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 Ex. 1, Decl. of K. Welborn, #2 Certificate of Service)(Bernick, Justin) |
| Filing 33 NOTICE of Appearance by Scott Grant Stewart on behalf of All Defendants (Stewart, Scott) |
| Filing 32 Amended MOTION for Leave to Appear Pro Hac Vice of Mitchell P. Reich by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, R.S.P.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., S.M.S.R. (Hagerty, Elizabeth) |
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MINUTE ORDER: Upon consideration of the amended motion for leave to appear pro hac vice, Dkt. #32 , it is hereby ORDERED that the motion is GRANTED. Mitchell P. Reich is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 12/14/2018. (lcrdm1, )
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| Filing 31 RESPONSE re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction 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 JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER. (Attachments: #1 Exhibit A - Scott Declaration, #2 Text of Proposed Order Proposed Order)(Darrow, Joseph) |
| Filing 30 NOTICE of Appearance by Kathryne Marie Gray on behalf of All Defendants (Gray, Kathryne) |
| Filing 28 NOTICE of Appearance by Joseph Anton Darrow on behalf of All Defendants (Darrow, Joseph) |
| Filing 29 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. #26 , it is hereby ORDERED that the motion is GRANTED. Vaishalee Yeldandi is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 12/11/2018. (lcrdm1, )
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MINUTE ORDER: Upon consideration of the motion for admission pro hac vice #24 , the motion is hereby GRANTED in part and DENIED in part. Because Mitchell P. Reich indicates that he maintains his office at 555 Thirteenth Street, NW, Washington, DC, 20004, he may be heard in open court but may not file papers in this court. See Local Civil Rule 83.2(c)(2) ("An attorney who engages in the practice of law from an office located in the District of Columbia must be a member of the District of Columbia Bar and the Bar of this Court to file papers in this Court."). Signed by Judge Randolph D. Moss on 12/11/2018. (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. #27 , the motion is hereby GRANTED. The brief, Dkt. [27-1], shall be deemed FILED. Signed by Judge Randolph D. Moss on 12/11/2018. (lcrdm1, )
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| Filing 27 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 26 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Vaishalee 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 0090-5831694. Fee Status: Fee Paid. by OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (Pearsall, Patrick) |
| Filing 25 NOTICE of Appearance by Patrick William Pearsall on behalf of OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (Pearsall, Patrick) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mitchell P. Reich, :Firm- Hogan Lovells US LLP, :Address- 555 Thirteenth Street NW. Phone No. - 202-637-5833. Fax No. - 202-637-5910 Filing fee $ 100, receipt number 0090-5831553. 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. (Hagerty, Elizabeth) |
| Filing 23 NOTICE of Appearance by Manoj Gorantla Govindaiah on behalf of REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (Govindaiah, Manoj) |
| Filing 22 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (Hagerty, Elizabeth) |
| Filing 21 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION (Hagerty, Elizabeth) |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas P. Schmidt, :Firm- Hogan Lovells US LLP, :Address- 875 Third Avenue, New York, NY 10022. Phone No. - 212-918-5547. Fax No. - 212-918-3100 Filing fee $ 100, receipt number 0090-5827741. 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. (Hagerty, Elizabeth) |
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MINUTE ORDER: Upon consideration of the motion for leave to appear pro hac vice, Dkt. #20 , it is hereby ORDERED that the motion is GRANTED. Thomas P. Schmidt 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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| Filing 19 NOTICE of Appearance by Thomas Benton York on behalf of All Defendants (York, Thomas) (Main Document 19 replaced on 12/10/2018) (znmw). |
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Filing 18
STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 12/6/2018. (lcrdm1, )
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| Filing 17 NOTICE of Appearance by T. Clark Weymouth on behalf of All Plaintiffs (Weymouth, T.) |
| Filing 16 NOTICE of Appearance by Neal Kumar Katyal on behalf of All Plaintiffs (Katyal, Neal) |
| Filing 15 NOTICE of Appearance by Zachary W. H. Best on behalf of All Plaintiffs (Best, Zachary) |
| Filing 14 NOTICE of Appearance by Justin Bernick on behalf of All Plaintiffs (Bernick, Justin) |
| Filing 13 NOTICE of Appearance by Erez Reuveni on behalf of All Defendants (Reuveni, Erez) |
| Filing 12 PROPOSED BRIEFING SCHEDULE on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, R.S.P.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC., S.M.S.R.. (Bernick, Justin) |
| Filing 11 NOTICE of Appearance by Craig Alan Hoover on behalf of All Plaintiffs (Hoover, Craig) |
| Filing 10 SUMMONS (14) Issued Electronically as to 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 JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER, U.S. Attorney. (Attachments: #1 Notice and Consent) (zmd) |
| Filing 9 NOTICE of Appearance by Kaitlin Welborn on behalf of All Plaintiffs (Welborn, Kaitlin) |
| Filing 8 NOTICE of Appearance by Elizabeth Hagerty on behalf of All Plaintiffs (Hagerty, Elizabeth) |
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MINUTE ORDER: Upon consideration of the parties' joint proposed briefing schedule, Dkt. #12 , it is hereby ORDERED that the Defendants shall file their opposition brief no later than 5:00 p.m. on December 12, 2018, and Plaintiffs shall file their reply on or before December 14, 2018. Signed by Judge Randolph D. Moss on 12/4/2018. (lcrdm1, )
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| Set/Reset Hearings: Motion Hearing set for 12/17/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) |
| Set/Reset Deadlines: Defendants shall file their opposition brief no later than 5:00 p.m. on 12/12/2018; Plaintiffs shall file their reply on or before 12/14/2018. (kt) |
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MINUTE ORDER: Upon consideration of Plaintiffs' motion for expedited hearing, Dkt. #7 , it is hereby ORDERED that the parties shall appear for a hearing on Plaintiffs' TRO Motion at 10:00 a.m. on December 17, 2018, in Courtroom 21. It is further ORDERED that the parties shall meet and confer and submit a joint proposed briefing schedule for Plaintiffs' TRO motion before 7:00 p.m. today. Signed by Judge Randolph D. Moss on 12/4/2018. (lcrdm1, )
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| Filing 7 MOTION for Expedited Hearing 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 Text of Proposed Order)(jf) |
| Filing 6 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction 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 Memorandum in Support, #2 Rule 65.1, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Text of Proposed Order)(jf) |
| Filing 5 SEALED Declarations filed by R.S.P.S., S.M.S.R.. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Declarations of R.S.P.S and S.M.S.R.)(zjf) |
| Filing 4 NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 18-2718. (jf) |
| Filing 3 COMPLAINT against 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 JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER ( Filing fee $ 400, receipt number 4616095731) with Jury Demand filed 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 Civil Cover Sheet)(jf) |
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Filing 2
MEMORANDUM and ORDER granting #1 Motion for Leave to Proceed Under Pseudonym. Signed by Chief Judge Beryl A. Howell on 12/03/2018. (See Order for Full Details) (jf)
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| Filing 1 MOTION to Proceed Under Pseudonym by R.S.P.S., S.M.S.R. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(jf) |
| SUMMONS Not Issued as to 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 JUSTICE, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, RONALD D. VITIELLO, MATTHEW G. WHITAKER (jf) |
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