A.C.H.C. et al v. BARR
| JOSE C., B.B.H.C., J.S.C.C. and A.C.H.C. |
| ALEX AZAR, FRANCISCO MADRIGAL, JAMES MCHENRY, HILDAMARIA POWELL, OLUBUNMI AKINKUOWO, KENNETH THOMAS CUCCINELLI, II, DEPARTMENT OF HEALTH AND HUMAN SERVICES, BETHANY CHRISTIAN SERVICES, MATTHEW T. ALBENCE, OFFICE OF REFUGEE AND RESETTLEMENT, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, WILLIAM P. BARR, JONATHAN HAYES, CHAD F. WOLF, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. DEPARTMENT OF HOMELAND SECURITY, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW and ALEX M. AZAR, II |
| 1:2020cv00770 |
| March 17, 2020 |
| US District Court for the District of Columbia |
| Randolph D Moss |
| Prisoner Petition: Alien Detainee (Habeas Corpus) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on May 13, 2020. A more recent docket listing may be available from PACER.
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| Filing 65 NOTICE of Appearance by Jillian T Goodman on behalf of A.C.H.C., B.B.H.C., J.S.C.C. (Goodman, Jillian) |
| Filing 64 NOTICE of Appearance by Hope C Blain on behalf of A.C.H.C., B.B.H.C., J.S.C.C. (Blain, Hope) |
MINUTE ORDER: In light of the parties' joint status report #62 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 22, 2020. Signed by Judge Randolph D. Moss on 5/13/20. (lcrdm3, )
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| Filing 63 TRANSCRIPT OF TELEPHONIC MOTION HEARING before Judge Randolph D. Moss held on May 11, 2020. Page Numbers: 1 - 57. Date of Issuance: May 12, 2020. 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 re ferenced 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 6/2/2020. Redacted Transcript Deadline set for 6/12/2020. Release of Transcript Restriction set for 8/10/2020.(Hook, Jeff) |
| Filing 62 Joint STATUS REPORT by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, FRANCISCO MADRIGAL, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF. (Hudak, Brian) |
| Filing 61 SUPPLEMENTAL MEMORANDUM to re #33 MOTION for Preliminary Injunction filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, FRANCISCO MADRIGAL, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF. (Attachments: #1 Exhibit 8 (JFRMU Handbook))(Hudak, Brian) |
| Filing 60 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.C.H.C., B.B.H.C., J.S.C.C. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Declaration of Jose C., #2 Declaration of Ms. C. (Plaintiffs' Mother), #3 Text of Proposed Order)(Leviss, David) |
| Filing 59 SUPPLEMENTAL MEMORANDUM to re Order,,,,,,,, Set Deadlines,,,,,,, (Plaintiffs' Supplemental Memorandum in Response to the Court's May 8, 2020 Order) filed by A.C.H.C., B.B.H.C., J.S.C.C.. (Attachments: #1 Declaration of Jose C. (REDACTED), #2 Declaration of Ms. C. (Plaintiffs' Mother) (REDACTED))(Leviss, David) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Motion Hearing held on 5/11/2020 re #33 MOTION for Preliminary Injunction filed by J.S.C.C., B.B.H.C., A.C.H.C., and #38 MOTION to Dismiss filed by FRANCISCO MADRIGAL, CHAD F. WOLF, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. DEPARTMENT OF HOMELAND SECURITY, MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES. The parties and the Court appeared via telephone. The Plaintiffs shall file any Motion for Temporary Restraining Order by 7:00 p.m. today; and simultaneously the parties shall confer and file a Joint Status Report. No action for removal/separation shall be taken by Defendants between now and 7:00 p.m. Plaintiffs shall include in the Joint Status Report whether they intend to file a habeas action in Maryland or elsewhere. (Court Reporter: Jeff Hook.) (kt) |
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MINUTE ORDER: In order to preserve the Court's jurisdiction and to permit the Court to consider the Plaintiffs' substantive due process claim, it is hereby ORDERED that the Defendants shall not separate Plaintiffs from their father, Jose C., at least until after they file their joint status report at 7:00 p.m. on May 11, 2020. Signed by Judge Randolph D. Moss on 5/11/20. (lcrdm3, )
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| Filing 58 REDACTED DOCUMENT- Declaration of Jose C. (Redacted) to #56 Unopposed MOTION for Leave to File Redacted Declarations and Seal Declarations by A.C.H.C., B.B.H.C., J.S.C.C.. (Attachments: #1 Declaration of Claudia R. Cubas (Redacted), #2 Declaration of Laura Michelle Nally, #3 Declaration of A.C.H.C. (Redacted), #4 Declaration of B.B.H.C. (Redacted), #5 Declaration of J.S.C.C. - (Redacted), #6 Declaration of Jose C. (Redacted), #7 Declaration of Claudia R. Cubas)(Leviss, David) |
| Filing 57 NOTICE of Proposed Alternative Method of Removal by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, FRANCISCO MADRIGAL, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF (Hudak, Brian) |
| Filing 56 Unopposed MOTION for Leave to File Redacted Declarations and Seal Declarations by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Text of Proposed Order)(Leviss, David). Added MOTION to Seal Document on 5/12/2020 (znmw). |
| Filing 55 NOTICE Regarding Immigration Proceedings by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Leviss, David) |
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MINUTE ORDER: The parties are hereby ORDERED to file supplemental briefing with respect to Plaintiffs' motion for a preliminary injunction by 12:00 p.m. on May 11, 2020. That briefing shall not exceed 20 pages and shall address the following issues. First, are the Plaintiffs seeking a preliminary injunction on the basis of their substantive due process claim? Second, if so, is the government entitled to a further opportunity to address that basis for seeking preliminary relief? Third, what is the basis, if any, for the Court's jurisdiction over a substantive due process claim in light of both 8 U.S.C. 1252(a)(5) and 1252(g)? In answering that question, the parties should address whether and at what point the Fifth Circuit may hear such a claim from the Plaintiffs and whether emergency relief is available in that forum. Fourth, the government cites a series of cases that rejected claims seeking to prevent the deportation of parents of U.S.-citizen children on the grounds that such deportations did not necessarily require familial separation because the child could return to the parent's country of origin. Here, the government seeks to remove the children and the record suggests that their father, Jose C., could not safely return to El Salvador with them. The parties should address whether and how that distinction bears on the Plaintiffs' substantive due process claim. Fifth, the parties may provide any additional evidence addressing Jose C. and Ms. C's ability safely to return to El Salvador with the children, as well as any additional evidence about the conditions the children will face if returned and whether it is possible to reunify the children with Ms. C. Sixth, whether any developments in the administrative process affect Plaintiffs' request for preliminary relief. Signed by Judge Randolph D. Moss on 5/8/20. (lcrdm3, )
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| Filing 54 TRANSCRIPT OF TELEPHONIC MOTION HEARING before Judge Randolph D. Moss held on May 6, 2020. Page Numbers: 1 - 79. Date of Issuance: May 7, 2020. 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 refe renced 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 5/28/2020. Redacted Transcript Deadline set for 6/7/2020. Release of Transcript Restriction set for 8/5/2020.(Hook, Jeff) |
| Filing 53 NOTICE of Appearance by Jack Day on behalf of A.C.H.C., B.B.H.C., J.S.C.C. (Day, Jack) |
| Filing 52 NOTICE of Appearance by Eberle Schultz on behalf of A.C.H.C., B.B.H.C., J.S.C.C. (Schultz, Eberle) |
| Filing 51 NOTICE of Appearance- Pro Bono by Esther H. Sung on behalf of All Plaintiffs (Sung, Esther) (Main Document 51 replaced on 5/6/2020) (ztd). |
| Filing 50 NOTICE of Appearance by William Joseph Martin on behalf of A.C.H.C., B.B.H.C., J.S.C.C. (Martin, William) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Motion Hearing held on 5/6/2020 re: #33 MOTION for Preliminary Injunction filed by J.S.C.C., B.B.H.C., A.C.H.C., and #38 MOTION to Dismiss filed by FRANCISCO MADRIGAL, CHAD F. WOLF, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. DEPARTMENT OF HOMELAND SECURITY, MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES. The parties and the Court appeared via telephone. Plaintiffs shall lodge with the Court any BIA appeal. If the parties have not already done so, they shall file redacted/public versions of the currently sealed declarations. Motion Hearing CONTINUED to 5/11/2020, at 2:30 PM, before Judge Randolph D. Moss. The parties shall utilize the same conference call number and access code. (Court Reporter: Jeff Hook.) (kt) Modified on 5/11/2020 to correct entry and remove referenced motion #5 and add #38 per chambers (kt). |
| Filing 49 MOTION for Leave to File Surreply by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Plaintiffs' Surreply in Support of Their Opposition to Defendants' Motion to Dismiss, #2 Text of Proposed Order)(Leviss, David) |
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MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice #34 , it is hereby ORDERED that the motion is GRANTED. Jack Day is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 5/4/2020. (lcrdm3, )
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MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice #35 , it is hereby ORDERED that the motion is GRANTED. Hope Blain is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 5/4/20. (lchw)
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MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice #37 , it is hereby ORDERED that the motion is GRANTED. Jillian T. Goodman is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 5/4/20. (lcrdm3, )
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MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice #36 , it is hereby ORDERED that the motion is GRANTED. Eberle Schultz is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 5/4/20. (lcrdm3, )
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| Filing 48 NOTICE of Appearance by Melody Drummond-Hansen on behalf of A.C.H.C., B.B.H.C., J.S.C.C. (Drummond-Hansen, Melody) |
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MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice #17 , it is hereby ORDERED that the motion is GRANTED. Melody Drummond Hansen is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 5/1/20. (lchw)
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MINUTE ORDER: Upon consideration of petitioners Motion for Admission Pro Hac Vice #18 , it is hereby ORDERED that the motion is GRANTED. William J. Martin is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 5/1/20. (lchw)
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MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice #19 , it is hereby ORDERED that the motion is GRANTED. Nancy L. Schroeder is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 5/1/20. (lchw)
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MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice #20 , it is hereby ORDERED that the motion is GRANTED. Esther H. Sung is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 5/1/20. (lchw)
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| Filing 47 REPLY to opposition to motion re #38 MOTION to Dismiss filed by WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, FRANCISCO MADRIGAL, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF. (Hudak, Brian) |
| Filing 46 RESPONSE TO ORDER OF THE COURT re Order,,, Set Deadlines,, (Joint) filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, FRANCISCO MADRIGAL, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF. (Hudak, Brian) |
| Filing 45 TRANSCRIPT OF TELEPHONIC CONFERENCE before Judge Randolph D. Moss held on March 20, 2020. Page Numbers: 1 - 52. Date of Issuance: April 28, 2020. 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 re ferenced 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 5/19/2020. Redacted Transcript Deadline set for 5/29/2020. Release of Transcript Restriction set for 7/27/2020.(Hook, Jeff) |
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MINUTE ORDER: In light of the filing of a sealed memorandum opinion concerning the temporary restraining order in A.M.P.V. v. Barr, No. 20-cv-913, counsel for the government is directed to share, on or before April 27, 2020, a copy of that sealed memorandum opinion with plaintiffs' counsel in this matter, who shall treat the opinion as though it were filed under seal in this case. Signed by Judge Randolph D. Moss on 4/26/20. (lcrdm3, ) Modified on 4/28/2020 to correct referenced case no. for A.M.P.V. v. Barr (kt).
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| Filing 44 REPLY to opposition to motion re #33 MOTION for Preliminary Injunction filed by A.C.H.C., B.B.H.C., J.S.C.C.. (ztd); (See docket entry no. #42 to view.) |
| Filing 43 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.C.H.C., B.B.H.C., J.S.C.C. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit V - (Under Seal), #2 Exhibit W - (Under Seal), #3 Exhibit X - (Under Seal), #4 Proposed Order)(Leviss, David) |
| Filing 42 Memorandum in opposition to re #38 MOTION to Dismiss filed by A.C.H.C., B.B.H.C., J.S.C.C.. (Attachments: #1 Declaration of Claudia Cubas in Support, #2 Exhibits V, W and X)(Leviss, David) |
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MINUTE ORDER: In light of the Court's finding that cases numbered 20-cv-770 and 20-cv-913 are related, the Court shall hear the motions for preliminary injunction and related cross-motions in both cases at the telephonic hearing scheduled for May 6, 2020 at 10:00 a.m. The parties are further ORDERED to file briefs setting forth their positions on the question of whether the two cases should be consolidated on or before April 30, 2020. Those filings shall not exceed 7 pages in length. Signed by Judge Randolph D. Moss on 4/17/20. (lcrdm3, )
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| Filing 41 NOTICE Regarding Immigration Proceedings by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, FRANCISCO MADRIGAL, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7)(Hudak, Brian) |
| Filing 40 Joint MOTION for Extension of Time to Briefing Schedule by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Text of Proposed Order)(Leviss, David) |
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MINUTE ORDER: Upon consideration of the parties' joint motion for extension of time #40 , it is hereby ORDERED that the motion is GRANTED. The following schedule shall govern further proceedings in this case: (1) Plaintiffs shall file their combined reply and opposition on or before April 17, 2020; (2) Defendants shall file their reply in support of their motion to dismiss on or before April 29, 2020; (3) The Motion Hearing set for April 23, 2020 is VACATED and RESCHEDULED for May 6, 2020 at 10:00 a.m. and will be held telephonically. Signed by Judge Randolph D. Moss on 4/10/20. (lcrdm3, ) Modified on 4/10/2020 to add vacated hearing date (kt).
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| ENTERED IN ERROR. . . . .NOTICE OF ERROR re #38 Motion to Dismiss; emailed to brian.hudak@usdoj.gov, cc'd 18 associated attorneys -- The PDF file you docketed contained errors: 1. Proposed Order is missing. You can file it under Notice, then select Notict of Proposed Order. (ztd, ) Modified on 4/7/2020 (ztd). |
| NOTICE OF CORRECTED DOCKET ENTRY: re Notice of QC, was entered in error and counsel can disregard the NOTICE OF ERROR regarding docket entry #38 . (ztd) |
| Filing 39 Memorandum in opposition to re #33 MOTION for Preliminary Injunction and in Support of Defendants' Motion to Dismiss #38 filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, FRANCISCO MADRIGAL, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF. (Attachments: #1 Exhibit 1 (Mot. to Extend Stay), #2 Exhibit 2 (Init. Asylum Application), #3 Exhibit 3 (Gov't Open. Br. in DHS v. Thuraissigiam), #4 Exhibit 4 (Gov't Reply Br. in DHS v. Thuraissigiam), #5 Text of Proposed Order)(Hudak, Brian) |
| Filing 38 MOTION to Dismiss by MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, FRANCISCO MADRIGAL, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF (Hudak, Brian) |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jillian T. Goodman, Filing fee $ 100, receipt number ADCDC-6975461. Fee Status: Fee Paid. by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Declaration of Jillian T. Goodman in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(Leviss, David) |
| Filing 36 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Eberle Schultz, Filing fee $ 100, receipt number ADCDC-6975139. Fee Status: Fee Paid. by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Declaration of Eberle Schultz in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(Leviss, David) |
| Filing 35 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Hope Blain, Filing fee $ 100, receipt number ADCDC-6975016. Fee Status: Fee Paid. by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Declaration of Hope Blain in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(Leviss, David) |
| Filing 34 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jack Day, Filing fee $ 100, receipt number ADCDC-6974777. Fee Status: Fee Paid. by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Declaration of Jack Day in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(Leviss, David) |
| Filing 33 MOTION for Preliminary Injunction by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction, #2 Text of Proposed Order Granting Motion for Preliminary Injunction, #3 Certificate of Service)(Leviss, David) |
| Filing 32 AMENDED COMPLAINT (FIRST) FOR DECLARATORY AND INJUNCTIVE RELIEF AND PETITION FOR WRIT OF MANDAMUS against MATTHEW T. ALBENCE, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, FRANCISCO MADRIGAL, JAMES MCHENRY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF filed by A.C.H.C., B.B.H.C., J.S.C.C..(Leviss, David) |
| Filing 31 REDACTED DOCUMENT- Exhibit A to Order on Sealed Motion for Leave to File Document Under Seal,, Set/Reset Deadlines, by A.C.H.C., B.B.H.C., J.S.C.C.. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R, #18 Exhibit S, #19 Exhibit T)(Leviss, David) |
| Filing 30 SEALED DOCUMENT filed by A.C.H.C., B.B.H.C., J.S.C.C. re #15 Sealed Document,, (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit N)(Leviss, David) |
| Filing 29 NOTICE of Appearance by Ryan Murguia on behalf of A.C.H.C., B.B.H.C., J.S.C.C. (Murguia, Ryan) |
| Filing 28 NOTICE (Joint) by MATTHEW T. ALBENCE, ALEX AZAR, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, DEPARTMENT OF HEALTH AND HUMAN SERVICES, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JONATHAN HAYES, FRANCISCO MADRIGAL, JAMES MCHENRY, OFFICE OF REFUGEE AND RESETTLEMENT, HILDAMARIA POWELL, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF (Hudak, Brian) |
| Filing 27 NOTICE of Appearance- Pro Bono by Samantha Hsieh on behalf of All Plaintiffs (Hsieh, Samantha) |
| Filing 26 NOTICE of Appearance- Pro Bono by Adina Bassin Appelbaum on behalf of A.C.H.C., B.B.H.C., JOSE C., J.S.C.C. (Appelbaum, Adina) |
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MINUTE ORDER: In light of the parties' joint status report #25 , it is hereby ORDERED that the following schedule shall govern further proceedings in this case: (1) Petitioners shall file their amended complaint and renewed motion for a preliminary injunction on or before March 30, 2020; (2) Respondents ahall file their opposition and responsive motions on or before April 6, 2020; (3) Petitioners shall file their reply and opposition to Respondents' motions on or before April 13, 2020; (4) Respondents shall file their reply on or before April 17, 2020; (5) the Court will hear argument on the parties' motions on April 23, 2020 at 10:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 3/25/20. (lcrdm3, )
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| Filing 25 Joint STATUS REPORT by MATTHEW T. ALBENCE, ALEX AZAR, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, DEPARTMENT OF HEALTH AND HUMAN SERVICES, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JONATHAN HAYES, FRANCISCO MADRIGAL, JAMES MCHENRY, OFFICE OF REFUGEE AND RESETTLEMENT, HILDAMARIA POWELL, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF. (Hudak, Brian) |
| Filing 24 NOTICE of Appearance by Evan Schlom on behalf of A.C.H.C., B.B.H.C., J.S.C.C. (Schlom, Evan) |
| Filing 23 NOTICE of Appearance by Jeremy Maltby on behalf of A.C.H.C., B.B.H.C., J.S.C.C. (Maltby, Jeremy) |
| Filing 22 NOTICE of Appearance by Darin Snyder on behalf of A.C.H.C., B.B.H.C., J.S.C.C. (Snyder, Darin) |
| Filing 21 NOTICE of Appearance by Claudia Cubas on behalf of A.C.H.C., B.B.H.C., JOSE C., J.S.C.C. (Cubas, Claudia) |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Esther H. Sung, Filing fee $ 100, receipt number ADCDC-6947373. Fee Status: Fee Paid. by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Declaration of Esther H. Sung in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(Leviss, David) |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nancy L. Schroeder, Filing fee $ 100, receipt number ADCDC-6947359. Fee Status: Fee Paid. by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Declaration of Nancy L. Schroeder in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(Leviss, David) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- William J. Martin, Filing fee $ 100, receipt number ADCDC-6947332. Fee Status: Fee Paid. by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Declaration of William Martin in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(Leviss, David) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Melody Drummond Hansen, Filing fee $ 100, receipt number ADCDC-6947264. Fee Status: Fee Paid. by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Declaration of Melody Drummond Hansen in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(Leviss, David) |
| Filing 16 NOTICE of Appearance by Karen C. Tumlin on behalf of All Plaintiffs (Tumlin, Karen) |
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MINUTE ORDER: Upon consideration of petitioners' Motion for Admission Pro Hac Vice #8 , it is hereby ORDERED that the motion is GRANTED. Jeremy Maltby is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). #Click for Instructions Signed by Judge Randolph D. Moss on 3/21/20. (lcrdm3, )
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MINUTE ORDER: Upon consideration of petitioners Motion for Admission Pro Hac Vice #7 , it is hereby ORDERED that the motion is GRANTED. Karen C. Tumlin is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). #Click for Instructions Signed by Judge Randolph D. Moss on 3/21/20. (lcrdm3, )
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MINUTE ORDER: In light of the parties joint status report #14 , it is hereby ORDERED that the briefing schedule on the temporary restraining order is VACATED. It is further ORDERED that the parties shall confer and file a further joint status report on or before March 24, 2020 regarding next steps in the litigation. Signed by Judge Randolph D. Moss on 3/21/20. (lcrdm3, )
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MINUTE ORDER: Upon consideration of petitioners' Motion for Admission Pro Hac Vice #9 , it is hereby ORDERED that the motion is GRANTED. Claudia R. Cubas is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 3/21/20. (lcrdm3, )
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MINUTE ORDER: Upon consideration of petitioners' Motion for Admission Pro Hac Vice #12 , it is hereby ORDERED that the motion is GRANTED. Ryan J. Murguia is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 3/21/20. (lcrdm3, )
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MINUTE ORDER: Upon consideration of petitioners' Motion for Admission Pro Hac Vice #10 , it is hereby ORDERED that the motion is GRANTED. Evan Schlom is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 3/21/20. (lcrdm3, )
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MINUTE ORDER: Upon consideration of petitioners' Motion for Admission Pro Hac Vice #11 , it is hereby ORDERED that the motion is GRANTED. Samantha Hsieh is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 3/21/20. (lcrdm3, )
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MINUTE ORDER: Upon consideration of petitioners' Motion for Admission Pro Hac Vice #13 , it is hereby ORDERED that the motion is GRANTED. Darin Snyder is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 3/21/20. (lcrdm3, )
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| Filing 15 SEALED DOCUMENT (Main Document is Exhibit A) filed by A.C.H.C., B.B.H.C., JOSE C., J.S.C.C.. re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by J.S.C.C., B.B.H.C., A.C.H.C.. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit I, #8 Exhibit J, #9 Exhibit K, #10 Exhibit L, #11 Exhibit M, #12 Exhibit N, #13 Exhibit O, #14 Exhibit P, #15 Exhibit Q, #16 Exhibit R, #17 Exhibit S, #18 Exhibit T, #19 Exhibit U)(ztd) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 3/20/2020 as to the #5 Motion for Temporary Restraining Order, Motion for Preliminary Injunction. (Court Reporter: Jeff Hook.) (kt) |
| Filing 14 Joint STATUS REPORT by MATTHEW T. ALBENCE, ALEX AZAR, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, DEPARTMENT OF HEALTH AND HUMAN SERVICES, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JONATHAN HAYES, FRANCISCO MADRIGAL, JAMES MCHENRY, OFFICE OF REFUGEE AND RESETTLEMENT, HILDAMARIA POWELL, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF. (Hudak, Brian) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Darin Snyder, Filing fee $ 100, receipt number ADCDC-6942331. Fee Status: Fee Paid. by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Declaration of Darin Snyder in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(Leviss, David) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ryan J. Murguia, Filing fee $ 100, receipt number ADCDC-6942307. Fee Status: Fee Paid. by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Declaration of Ryan J. Murguia in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(Leviss, David) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Samantha Hsieh, Filing fee $ 100, receipt number ADCDC-6942225. Fee Status: Fee Paid. by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Declaration of Samantha Hsieh in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(Leviss, David); Modified filer at the request of counsel on 3/23/2020 (ztth). |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Evan Schlom, Filing fee $ 100, receipt number ADCDC-6942169. Fee Status: Fee Paid. by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Declaration of Evan Schlom in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(Leviss, David); Modified filer at the request of counsel on 3/23/2020 (ztth). |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Claudia R. Cubas, Filing fee $ 100, receipt number ADCDC-6942131. Fee Status: Fee Paid. by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Declaration of Claudia R. Cubas in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(Leviss, David) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeremy Maltby, Filing fee $ 100, receipt number ADCDC-6942095. Fee Status: Fee Paid. by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Declaration of Jeremy Maltby in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(Leviss, David) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Karen C. Tumlin, Filing fee $ 100, receipt number ADCDC-6942055. Fee Status: Fee Paid. by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Declaration of Karen C. Tumlin in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Certificate of Service)(Leviss, David) |
| Filing 6 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.C.H.C., B.B.H.C., J.S.C.C. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Memorandum in Support of Petitioners' Unopposed Motion for Leave to file Exhibits Under Seal, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Text of Proposed Order Granting Petitioners' Unopposed Motion for Leave to File Exhibits Under Seal)(Leviss, David) |
| Filing 5 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by A.C.H.C., B.B.H.C., J.S.C.C. (Attachments: #1 Memorandum in Support of Petitioners' Motion for a Temporary Restraining Order and Preliminary Injunction, #2 Certificate of Counsel Pursuant to Local Civil Rule 65.1(a), #3 Declaration of Claudia Cubas in Support of Petitioners' Motion for a Temporary Restraining Order and Preliminary Injunction, #4 Exhibit A through U (FILED UNDER SEAL), #5 Declaration of Laura Michelle Nally, #6 Declaration of A.C.H.C., #7 Declaration of B.B.H.C., #8 Declaration of J.S.C.C., #9 Declaration of Jose C., #10 Text of Proposed Order Granting Motion for Temporary Restraining Order and Stay of Removal, #11 Text of Proposed Order Granting Motion for Preliminary Injunction and Granting Release)(Leviss, David) |
| Filing 4 NOTICE of Appearance by Brian P. Hudak on behalf of MATTHEW T. ALBENCE, ALEX AZAR, WILLIAM P. BARR, KENNETH THOMAS CUCCINELLI, II, DEPARTMENT OF HEALTH AND HUMAN SERVICES, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, JONATHAN HAYES, FRANCISCO MADRIGAL, JAMES MCHENRY, OFFICE OF REFUGEE AND RESETTLEMENT, HILDAMARIA POWELL, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF (Hudak, Brian) |
| NOTICE of Hearing: Telephone Conference set for 3/20/2020, at 4:00 PM, in Chambers, before Judge Randolph D. Moss. Call-in information will be emailed to the parties.(kt) |
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MINUTE ORDER: Upon consideration of the petitioner's motion for leave to file under seal #6 , it is hereby ORDERED that the motion is GRANTED for the reasons given in Chief Judge Howell's opinion permitting petitioners to proceed pseudonymously. It is further ORDERED that petitioners shall file public, redacted versions of the exhibits on or before March 30, 2020. Signed by Judge Randolph D. Moss on 3/20/20. (lcrdm3, )
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Filing 3
ORDER granting #1 Motion for Leave to Proceed Under Pseudonym. Signed by Chief Judge Beryl A. Howell on 03/19/2020. (jf)
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| Filing 2 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 461610.) filed by B.B.H.C., A.C.H.C., JOSE C., J.S.C.C. (Attachments: #1 Civil Cover Sheet)(jf) |
| Filing 1 MOTION to Proceed Under Pseudonym by A.C.H.C., B.B.H.C., JOSE C., J.S.C.C. (Attachments: #1 Memorandum in Support, #2 Declaration of Jose C., #3 Text of Proposed Order)(jf) |
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