LAS AMERICAS IMMIGRANT ADVOCACY CENTER v. WOLF et al
| LAS AMERICAS IMMIGRANT ADVOCACY CENTER, B.G.R., K.M.V., A.R.R.D., A.S.C.R., S.F.G., L.E.R.D., F.B.G.C., B.C.F.G., ALL PLAINTIFFS, D.M.F.G. and J.M.F.G. |
| CHAD WOLF, U.S. DEPARTMENT OF HOMELAND SECURITY, KENNETH T. CUCCINELLI, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, TODD C OWEN, WILLIAM BARR, HECTOR A MANCHA, JR, GLORIA CHAVEZ, U.S. DEPARTMENT OF JUSTICE, U.S. CUSTOMS AND BORDER PROTECTION, MARK A. MORGAN, TODD C. OWEN and HECTOR A. MANCHA, JR |
| AMERICAN IMMIGRATION COUNCIL, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, INNOVATION LAW LAB and RON WYDEN |
| 1:2019cv03640 |
| December 5, 2019 |
| US District Court for the District of Columbia |
| Ketanji Brown Jackson |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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| Filing 42 NOTICE of Appearance by Jane W. Wise on behalf of RON WYDEN (Wise, Jane) |
| Filing 41 NOTICE of Appearance by Susan Baker Manning on behalf of RON WYDEN (Manning, Susan) |
| NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #40 Notice of Appearance was entered in error and counsel was instructed to refile said pleading using their assigned login/password. (Counsel should review LCvR 5.4(b) OBTAINING AND USING ELECTRONIC FILING PASSWORD; SIGNATURE;CONSENT TO SERVICE BY ELECTRONIC MEANS) (jf) Modified on 1/31/2020 to correct docket link (jf). |
| NOTICE OF ERROR re #38 Notice of Appearance; emailed to kwalters@immcouncil.org, cc'd 13 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. Each attorney must use their individual login/password pursuant to LCvR5.4 (b) for entry of appearance/efiling of any documents bearing their signature (zjf, ) |
| NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #40 Notice of Appearance was entered in error and counsel was instructed to refile said pleading with a correct signature page. (jf) |
| Filing 40 ENTERED IN ERROR.....NOTICE of Appearance by Jane W. Wise on behalf of RON WYDEN (Wise, Jane) Modified on 1/31/2020 (jf). |
| Filing 39 MOTION for Leave to File Brief as Amicus Curiae by RON WYDEN (Attachments: #1 Amicus Brief, #2 Text of Proposed Order)(Wise, Jane) |
| Filing 38 NOTICE of Appearance by Karolina Joanna Walters on behalf of AMERICAN IMMIGRATION COUNCIL, AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Walters, Karolina) Modified on 1/31/2020 to reinstate document (jf). |
| Filing 37 Unopposed MOTION for Leave to File Amici Curiae Brief by AMERICAN IMMIGRATION COUNCIL, AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: #1 Exhibit Proposed Amicus Brief, #2 Exhibit Certificate of Corporate Disclosure, #3 Text of Proposed Order)(Walters, Karolina) |
| Filing 36 Unopposed MOTION for Leave to File Amicus Brief by INNOVATION LAW LAB (Attachments: #1 Text of Proposed Order Proposed order granting leave to file amicus brief, #2 Exhibit Proposed amicus brief)(Benach, Ava) |
| Filing 35 MOTION for Summary Judgment by ALL PLAINTIFFS (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Exhibit Administrative Record, #4 Exhibit Index of Exhibits, #5 Exhibit Supplemental Declaration of Christopher Clay, #6 Exhibit Supplemental Declaration of A.S.C.R., #7 Exhibit Supplemental Declaration of Linda Corchado, #8 Exhibit Supplemental Declaration of Danielle Escontrias, #9 Exhibit Supplemental Declaration of Rebecca Sheff, #10 Text of Proposed Order)(Segura, Andre ) |
MINUTE ORDER granting in part and denying in part #33 Motion to Modify Briefing Schedule. It is hereby ORDERED that Defendants may file a reply in support of their cross-motion for summary judgment on or before Saturday, 2/15/2020. Signed by Judge Ketanji Brown Jackson on 1/24/2020. (jag)
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| Filing 34 RESPONSE re #33 MOTION to Modify Briefing Schedule filed by ALL PLAINTIFFS. (Attachments: #1 Text of Proposed Order)(Segura, Andre ) |
| Filing 33 MOTION to Modify Briefing Schedule by WILLIAM BARR, GLORIA CHAVEZ, KENNETH T. CUCCINELLI, HECTOR A. MANCHA, JR, MARK A. MORGAN, TODD C. OWEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHAD WOLF (Attachments: #1 Text of Proposed Order)(Moran, Courtney) |
| Filing 32 NOTICE OF SERVICE OF CERTIFIED ADMINISTRATIVE RECORD by WILLIAM BARR, GLORIA CHAVEZ, KENNETH T. CUCCINELLI, HECTOR A. MANCHA, JR, MARK A. MORGAN, TODD C. OWEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHAD WOLF (Moran, Courtney) |
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MINUTE ORDER. Motion Hearing set for 2/18/2020 at 02:00 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 01/16/2020. (lckbj3)
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| Filing 31 NOTICE of Appearance by Anand Balakrishnan on behalf of All Plaintiffs (Balakrishnan, Anand) |
| Filing 30 NOTICE of Appearance by Brantley Shaw Drake on behalf of All Plaintiffs (Drake, Brantley) |
| Filing 29 NOTICE of Appearance by Andre Ivan Segura on behalf of All Plaintiffs (Segura, Andre ) |
| Filing 28 NOTICE of Appearance by Kathryn Lynn Huddleston on behalf of All Plaintiffs (Huddleston, Kathryn) |
| Filing 27 NOTICE of Appearance by Thomas Paul Buser-Clancy on behalf of All Plaintiffs (Buser-Clancy, Thomas) |
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MINUTE ORDER ADOPTING the parties' #25 Proposed Briefing Schedule. It is hereby ORDERED that the following deadlines are set in this matter: Defendants shall produce the complete administrative record on or before 1/17/2020; Plaintiff shall file its motion for summary judgment on or before 1/27/2020; any motions for leave to file amicus briefs in support of Plaintiff, to be accompanied by the proposed amicus brief, shall be filed on or before 1/30/2020; Defendants shall file their consolidated opposition and cross-motion for summary judgment on or before 2/6/2020; any motions for leave to file amicus briefs in support of Defendants, to be accompanied by the proposed amicus brief, shall be filed on or before 2/10/2020; Plaintiff shall file is consolidated reply and cross-motion opposition on or before 2/13/2020. Signed by Judge Ketanji Brown Jackson on 1/7/2020. (jag)
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| Filing 26 NOTICE to correct the record by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Michelman, Scott) |
| Filing 25 PROPOSED BRIEFING SCHEDULE (JOINT) by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G.. (Michelman, Scott) |
| Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Telephone Conference held on 12/31/2019, in Chambers. (Court Reporter: Sara Wick) (zgdf) |
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MINUTE ORDER granting #12 , #13 , #14 , #15 , #16 , #17 Motion for Leave to Appear Pro Hac Vice. It hereby ORDERED that Anand Balakrishnan, Andre Ivan Segura, Bernardo Cruz, Brantley Shaw Drake, Kathryn Lynn Huddleston, and Thomas Buser-Clancy are admitted pro hac vice in this matter as counsel for Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Ketanji Brown Jackson on 12/31/2019. (jag)
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| Filing 24 Joint MOTION for Briefing Schedule re Preliminary Injunction by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: #1 Text of Proposed Order)(Spitzer, Arthur) |
| Filing 23 Case randomly reassigned to Judge Ketanji Brown Jackson. Judge Randolph D. Moss is no longer assigned to the case as case is not related. (ztnr) |
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MINUTE ORDER: Local Rule 40.5(a)(3) provides that "[c]ivil, including miscellaneous, cases are deemed related when the earliest is still pending on the merits in the District Court and they (i) relate to common property, or (ii) involve common issues of fact, or (iii) grow out of the same event or transaction or (iv) involve the validity or infringement of the same patent." This rule "guarantees fair and equal distribution of cases to all judges, avoids public perception or appearance of favoritism in assignments, and reduces opportunities for judge-shopping." Tripp v. Executive Office of the President, 196 F.R.D. 201, 202 (D.D.C. 2000) (Calendar Committee three-judge panel). A plaintiff that seeks to depart from that general rule "bears the burden of demonstrating that the case is a related case under an applicable subsection of Rule 40.5." Tripp v. Executive Office of the President, 194 F.R.D. 340, 342 (D.D.C. 2000). The two cases at issue here, Las Americas Immigrant Advocacy Center V. Wolf et al., 19-cv-3640, and L.M.-M. et al. v. Cuccinelli et al., 19-cv-2676, challenge different policies, implemented by different component-agencies, and turn on different legal theories. Moreover, it is not sufficient that the two cases touch on the same general subject matter; that is, that the two cases challenge policies that allegedly restrict asylum seekers' access to counsel during the credible fear process. The Court, accordingly, concludes that Plaintiffs have not satisfied their burden of showing that the cases are related for the purposes of Local Rule 40.5(a)(3). Thus, it is hereby ORDERED that this case shall be randomly reassigned pursuant to Local Rule 40.3(a). Signed by Judge Randolph D. Moss on 12/23/2019. (lcrdm2, )
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| Filing 22 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Ex. A - Sealed Declaration of ARRD, #2 Ex. B - Sealed declaration of BGR, #3 Ex. C - Sealed Declaration of MDCG, #4 Proposed order on motion to seal)(Spitzer, Arthur) |
| Filing 21 MOTION for Preliminary Injunction by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: #1 Memorandum in Support, #2 Ex. A - Declaration of Christopher Clay, #3 Ex. 1-21 to Clay Declaration, #4 Ex. 22-33 to Clay Declaration, #5 Ex. B - Declaration of ARRD, #6 Ex. C - Declaration of BRG, #7 Ex. D - Declaration of ASCR, #8 Ex. E - Declaration of KMV, #9 Ex. F - Declaration of Linda Corchado, #10 Ex. G - Declaration of MDCG, #11 Ex. H - Declaration of Rebecca Sheff, #12 Ex. I - Declaration of Danielle Escontrias, #13 Ex. J - Declaration of Allegra Love, #14 Ex. K. - Declaration of Scott Shuchart, #15 Ex. L - Declaration of Rebecca Jamil, #16 Ex. M - Declaration of Douglas Stephens, #17 Ex. N - Declaration of Aaron Reichlin-Nelnick, #18 Exhibit O - Declaration of Andrea Meza, #19 Ex. P - Declaration of Clara Long, #20 Ex. Q - Declaration of David Jackson, #21 Ex. R - Declaration of Jodi Goodwin, #22 Text of Proposed Order)(Spitzer, Arthur) |
| Filing 20 RESPONSE re Minute Order and #4 , re DEFENDANTS OPPOSITION TO RELATE CASES, filed by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G.. (Spitzer, Arthur) Modified on 12/20/2019 (ztd). |
| Filing 19 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/18/2019. (Attachments: #1 Declaration of Service)(Spitzer, Arthur) |
| Filing 18 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILLIAM BARR served on 12/18/2019; GLORIA CHAVEZ served on 12/16/2019; KENNETH T. CUCCINELLI served on 12/17/2019; HECTOR A. MANCHA, JR served on 12/16/2019; MARK A. MORGAN served on 12/17/2019; TODD C. OWEN served on 12/17/2019; U.S. CITIZENSHIP AND IMMIGRATION SERVICES served on 12/17/2019; U.S. CUSTOMS AND BORDER PROTECTION served on 12/17/2019; U.S. DEPARTMENT OF HOMELAND SECURITY served on 12/17/2019; U.S. DEPARTMENT OF JUSTICE served on 12/18/2019; CHAD WOLF served on 12/17/2019 (Attachments: #1 Declaration of Service on all defendants)(Spitzer, Arthur) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas Buser-Clancy, Filing fee $ 100, receipt number ADCDC-6659625. Fee Status: Fee Paid. by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Spitzer, Arthur) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kathryn Lynn Huddleston, Filing fee $ 100, receipt number ADCDC-6659614. Fee Status: Fee Paid. by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Spitzer, Arthur) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brantley Shaw Drake, Filing fee $ 100, receipt number ADCDC-6659608. Fee Status: Fee Paid. by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Spitzer, Arthur) |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bernardo Cruz, Filing fee $ 100, receipt number ADCDC-6659601. Fee Status: Fee Paid. by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Spitzer, Arthur) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andre Ivan Segura, Filing fee $ 100, receipt number ADCDC-6659592. Fee Status: Fee Paid. by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Spitzer, Arthur) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anand Balakrishnan, Filing fee $ 100, receipt number ADCDC-6659573. Fee Status: Fee Paid. by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Spitzer, Arthur) |
| Filing 11 RESPONSE re #4 Notice of Related Case (opposition to case relation) filed by WILLIAM BARR, GLORIA CHAVEZ, KENNETH T. CUCCINELLI, HECTOR A. MANCHA, JR, MARK A. MORGAN, TODD C. OWEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHAD WOLF. (Moran, Courtney) |
| Filing 10 NOTICE of Appearance by Courtney Elizabeth Moran on behalf of All Defendants (Moran, Courtney) |
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MINUTE ORDER: Upon consideration of Defendants' Opposition to Plaintiffs' Notice of Related Case ("Opposition"), Dkt. 11, Plaintiffs are hereby ORDERED to file a brief responding to Defendants' Opposition on or before December 20, 2019, at 2:00 p.m. Signed by Judge Randolph D. Moss on 12/17/2019. (lcrdm2, )
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| Set/Reset Deadlines: Brief due by 12/20/2019 at 2pm. (kt) |
| Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/10/2019. Answer due for ALL FEDERAL DEFENDANTS by 2/8/2020. (Attachments: #1 Declaration of service of process and additional documents)(Spitzer, Arthur) |
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Filing 8
STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 12/10/2019. (lcrdm2, )
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| Filing 7 NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) |
| Filing 6 SUMMONS (13) Issued Electronically as to WILLIAM BARR, GLORIA CHAVEZ, KENNETH T. CUCCINELLI, HECTOR A MANCHA, JR, MARK A. MORGAN, TODD C OWEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHAD WOLF, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zrdj) |
| Case Assigned to Judge Randolph D. Moss. (zrdj) |
| Filing 5 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LAS AMERICAS IMMIGRANT ADVOCACY CENTER (zrdj) |
| Filing 4 NOTICE OF RELATED CASE by A.R.R.D., A.S.C.R., B.G.R., K.M.V., LAS AMERICAS IMMIGRANT ADVOCACY CENTER. Case related to Case No. 19-2676. (zrdj) |
| Filing 3 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.R.R.D., A.S.C.R., B.G.R., K.M.V., LAS AMERICAS IMMIGRANT ADVOCACY CENTER (This document is SEALED and only available to authorized persons.) (Attachments: #1 SEALED Declaration of A.R.R.D., #2 SEALED Declaration of A.S.C.R., #3 SEALED Declaration of K.M.V., #4 SEALED Declaration of B.G.R., #5 Text of Proposed Order)(Spitzer, Arthur) |
| Filing 2 AMENDED COMPLAINT against All Defendants filed by LAS AMERICAS IMMIGRANT ADVOCACY CENTER, B.G.R., K.M.V., A.R.R.D., A.S.C.R..(Spitzer, Arthur) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-6622552) filed by LAS AMERICAS IMMIGRANT ADVOCACY CENTER. (Attachments: #1 Civil Cover Sheet, #2 Notice of Related Case, #3 Corporate Disclosure Certificate, #4 Wolf summons, #5 DHS summons, #6 Cuccinelli summons, #7 USCIS summons, #8 Morgan summons, #9 Owen summons, #10 Mancha summons, #11 Chavez summons, #12 CBP summons, #13 Barr summons, #14 DOJ summons, #15 Attorney General summons, #16 U.S. Attorney for DC summons)(Spitzer, Arthur) |
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