A.M.P.V. et al v. BARR et al
| MIRIAM AGUAYO and A.M.P.V. |
| OFFICE OF REFUGEE AND RESETTLEMENT, DANIEL BIBLE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, JONATHAN HAYES, U.S. DEPARTMENT OF HOMELAND SECURITY, WILLIAM P. BARR, MATTHEW T. ALBENCE, CHAD F. WOLF and HEIDI STIRRUP |
| 1:2020cv00913 |
| April 6, 2020 |
| US District Court for the District of Columbia |
| Randolph D Moss |
| Immigration: Other Immigration Actions |
| 28 U.S.C. § 1361 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 22, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 33 NOTICE of Voluntary Dismissal by A.M.P.V., MIRIAM AGUAYO (Blake, Stephen) |
MINUTE ORDER: Upon consideration of the unopposed motion for extension of time #32 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file and amended complaint or a response to Defendant's motion to dismiss on or before May 22, 2020. In light of Plaintiff's withdrawal of her motion or a preliminary injunction #31 , it is further ORDERED that the motion hearing previously scheduled for May 6, 2020 is hereby VACATED. Signed by Judge Randolph D. Moss on 5/4/20. (lcrdm3, )
|
| Filing 32 Unopposed MOTION for Extension of Time to File Response to Defendants' Motion to Dismiss by A.M.P.V., MIRIAM AGUAYO (Attachments: #1 Text of Proposed Order)(Blake, Stephen) Modified event on 5/4/2020 (ztd). |
| Filing 31 NOTICE OF WITHDRAWAL OF MOTION by A.M.P.V., MIRIAM AGUAYO re #9 MOTION for Preliminary Injunction (Blake, Stephen) |
|
Filing 30
MEMORANDUM OPINION AND ORDER: Upon consideration of Plaintiff's motion for a temporary restraining order, Dkt. #17 , it is hereby ORDERED that the motion is DENIED. See document for details. Signed by Judge Randolph D. Moss on 4/23/20. (lcrmd3, )
|
| Filing 29 RESPONSE TO ORDER OF THE COURT re Order,,, Set Deadlines,, Order,,,, Set Deadlines,,, (Joint) filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, DANIEL BIBLE, OFFICE OF REFUGEE AND RESETTLEMENT, HEIDI STIRRUP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF. (Hudak, Brian) |
|
MINUTE ORDER: Upon consideration of the Plaintiff's motion for extension of time #28 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file her combined opposition and reply on or before May 1, 2020. Signed by Judge Randolph D. Moss on 4/28/20. (lcrdm3, )
|
| Filing 28 MOTION for Extension of Time to file Plaintiff's combined reply and opposition by A.M.P.V., MIRIAM AGUAYO (Attachments: #1 Text of Proposed Order)(Blake, Stephen) |
| NOTICE OF ERROR re #26 Notice (Other); emailed to sblake@stblaw.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Please refer to LcvR 5.1(a) regarding Correspondence with the Court. (ztd, ) |
| Filing 27 TRANSCRIPT OF TELEPHONIC MOTION HEARING before Judge Randolph D. Moss held on April 21, 2020. Page Numbers: 1 - 55. Date of Issuance: April 24, 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 reporte r 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 5/15/2020. Redacted Transcript Deadline set for 5/25/2020. Release of Transcript Restriction set for 7/23/2020.(Hook, Jeff) |
| Filing 26 ENTERED IN ERROR.....NOTICE ; Letter to The Honorable Randolph D. Moss, dated April 24, 2020, requesting a one week extension of Plaintiff's briefing deadline by A.M.P.V., MIRIAM AGUAYO (Blake, Stephen) Modified on 4/28/2020 (znmw). |
|
MINUTE ORDER: The parties are hereby ORDERED to file, by 10:00 a.m. on April 25, 2020, their positions on whether the sealed memorandum opinion, Dkt. 25, may be shared on a confidential basis with the parties in A.C.H.C v. Barr, No. 20-cv-770. Signed by Judge Randolph D. Moss on 4/24/20. (lcrdm3, )
|
|
Filing 25
SEALED MEMORANDUM OPINION AND ORDER: Upon consideration of Plaintiff's motion for a temporary restraining order, Dkt. #17 , it is hereby ORDERED that the motion is DENIED. See document for details. (This document is SEALED and only available to authorized persons.) Signed by Judge Randolph D. Moss on 4/23/2020. (zkt)
|
| Filing 24 NOTICE of Details of Upcoming Removal by MATTHEW T. ALBENCE, WILLIAM P. BARR, DANIEL BIBLE, OFFICE OF REFUGEE AND RESETTLEMENT, HEIDI STIRRUP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF re #19 Notice (Other), #18 Notice (Other), (Hudak, Brian) |
| Filing 23 REPLY to opposition to motion re #17 MOTION for Temporary Restraining Order and Certificate of Counsel Pursuant to Local Civil Rule 65.1 filed by A.M.P.V., MIRIAM AGUAYO. (Blake, Stephen) |
|
MINUTE ORDER: The Court's recent memorandum opinion and order, Dkt. #25 , has been filed under seal. There is, however, a strong presumption in favor of public access to judicial records and documents, though that presumption "may be outweighed in certain cases by competing interests." Metlife, Inc. v. Fin. Stability Oversight Council, 865 F.3d 661, 665 (D.C. Cir. 2017). Accordingly, the parties shall meet and confer and submit, on or before April 30, 2020, a joint proposed public version of the Court's opinion identifying their proposed redactions, if any. The parties are further cautioned that they should make such redactions in a manner that will not permit scraping software to reveal the material underlying the redactions. Signed by Judge Randolph D. Moss on 4/23/20. (lcrdm3, ) Modified on 4/24/2020 to add omitted word "version" (kt).
|
| Filing 22 REDACTED DOCUMENT- Memorandum to #9 MOTION for Preliminary Injunction by A.M.P.V., MIRIAM AGUAYO. (Attachments: #1 Declaration of A.M.P.V., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit D-1, #7 Exhibit D-2, #8 Exhibit E, #9 Exhibit F, #10 Exhibit F-1)(Ellis, Abram) |
| Filing 21 Memorandum in opposition to re #17 MOTION for Temporary Restraining Order and Certificate of Counsel Pursuant to Local Civil Rule 65.1 filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, DANIEL BIBLE, OFFICE OF REFUGEE AND RESETTLEMENT, HEIDI STIRRUP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF. (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Exhibit 9, #4 Exhibit 10)(Hudak, Brian) |
| Filing 20 SUPPLEMENTAL MEMORANDUM to re #17 MOTION for Temporary Restraining Order and Certificate of Counsel Pursuant to Local Civil Rule 65.1 filed by A.M.P.V., MIRIAM AGUAYO. (Blake, Stephen) |
| Filing 19 NOTICE of Upcoming Removal by MATTHEW T. ALBENCE, WILLIAM P. BARR, DANIEL BIBLE, OFFICE OF REFUGEE AND RESETTLEMENT, HEIDI STIRRUP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF re #18 Notice (Other), (Hudak, Brian) |
| Filing 18 NOTICE by MATTHEW T. ALBENCE, WILLIAM P. BARR, DANIEL BIBLE, OFFICE OF REFUGEE AND RESETTLEMENT, HEIDI STIRRUP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF re Motion Hearing,, (Hudak, Brian) |
| Filing 17 MOTION for Temporary Restraining Order and Certificate of Counsel Pursuant to Local Civil Rule 65.1 by A.M.P.V., MIRIAM AGUAYO (Attachments: #1 Memorandum in Support of Plaintiff's Motion for a Temporary Restraining Order, #2 Declaration of Stephen P. Blake, #3 Exhibit A, #4 Text of Proposed Order Granting Motion for Temporary Restraining Order)(Blake, Stephen) |
| Filing 16 NOTICE of Appearance by Stephen Blake on behalf of A.M.P.V., MIRIAM AGUAYO (Blake, Stephen) |
| Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Motion Hearing held on 4/21/2020 re: #17 MOTION for Temporary Restraining Order and Certificate of Counsel Pursuant to Local Civil Rule 65.1 filed by MIRIAM AGUAYO, A.M.P.V. After conferring with I.C.E., Defendants shall inform the Court if it can be notified 24 hours in advance of Plaintiff A.M.P.V.'s removal. The Defendants shall also inform the Court if I.C.E. will not submit notification as described. As stated on the record, the parties may submit any supplemental filings in support of their respective positions. MATTER TAKEN UNDER ADVISEMENT. (Court Reporter: Jeff Hook.) (kt) |
|
MINUTE ORDER: Plaintiff has filed for a preliminary injunction, Dkt. #9 , seeking to prevent her removal while her case is fully adjudicated on the merits. Defendants have opposed that motion and have moved to dismiss the case. Dkt. #12 , Dkt. #13 . The Court previously set a briefing schedule to permit Plaintiff's motion for a preliminary injunction and Defendant's motion to dismiss to be heard on May 6, 2020. Minute Order (Apr. 16, 2020). Plaintiff now moves on an emergency basis for a "bridge" stay to prevent Defendants from removing Plaintiff from the United States while her motion for a preliminary injunction is pending. Dkt. 17. The parties shall appear by telephone for a hearing on Plaintiff's emergency motion #17 today at 2:00 p.m. To ensure that the parties can be heard on Plaintiff's emergency motion, Defendants shall not remove Plaintiff from the United States pending the Court's decision on Plaintiff's emergency motion #17 . Signed by Judge Randolph D. Moss on 4/21/20. (lcrdm3, )
|
|
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, )
|
| Filing 15 SEALED DOCUMENT filed by A.M.P.V., MIRIAM AGUAYO. re #9 MOTION for Preliminary Injunction filed by MIRIAM AGUAYO, A.M.P.V.. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit D1, #6 Exhibit D2, #7 Exhibit E, #8 Exhibit F, #9 Exhibit F1, #10 Declaration)(ztd) |
|
MINUTE ORDER: Upon consideration of Plaintiff's sealed motion for leave #10 , it is hereby ORDERED that the motion is GRANTED. The attachments to the motion shall be DEEMED FILED under seal in connection with Plaintiff's motion for preliminary injunction #9 . Plaintiffs shall file public, redacted versions of the documents on or before April 22, 2020. Signed by Judge Randolph D. Moss on 4/16/20. (lcrdm3, )
|
|
MINUTE ORDER: Upon consideration of petitioners' Motion for Admission Pro Hac Vice #3 , it is hereby ORDERED that the motion is GRANTED. Stephen P. Blake 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 4/16/20. (lcrdm3, )
|
|
MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice #4 , it is hereby ORDERED that the motion is GRANTED. Belia A. Pena 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 4/16/20. (lcrdm3, )
|
|
MINUTE ORDER: After this case was filed as related to case number 20-cv-770, the Court directed the parties to file briefs addressing whether the two cases are related within the meaning of Local Civil Rule 40.5. Minute Order (Apr. 8, 2020). Plaintiff argues that the cases are related and points to the fact that both cases concern individuals who received final orders of removal pursuant to the same, new administrative process while on the Mexico side of the U.S.-Mexico border and who re-presented at the border as unaccompanied minors and who now face removal without having been put into full removal proceedings pursuant to 8 U.S.C. 1232. See Dkt. #11 . Defendants assert that, "given the factual posture of this case, [they] take no position on whether this case should be related to A.C.H.C. v. Barr, Civ. No. 20-0770 (RDM)... based on a commonality of facts" and that "the Court would act comfortably within its discretion to deem the cases related, or to deem them not related, under Local Civil Rule... 40.5(a)(3)(ii)." See Dkt. #14 at 1. Defendants further explain that the cases "share certain factual commonalities" but the question "[w]hether those commonalities overcome the factual differences between the two cases to make them related is a close question, on which the United States does not take a position." Id. at 3. Finally, Defendants agree with Plaintiff that "Plaintiff and the A.C.H.C. plaintiffs are both arriving aliens who sought to enter the United States with no immigration status and who were placed into INA Section 240 proceedings with their mothers;" both "applied for asylum through their mothers, and U.S. Immigration Judges denied their applications for asylum and issued orders of removal;" both "were returned to Mexico after the initial removal decisions of the Immigration Judges, and both decided to separate from their mothers and return to the United States without adult companions before their orders of removal became final;" both "now contend that because they reentered the country without an adult companion, ICE cannot remove them without initiating new INA Section 240 proceedings;" and both "seek to enjoin the United States from executing the current orders of removal applicable in their respective cases and... to compel the United States to commence new INA Section 240 removal proceedings against them." Id. at 4-5. The Court agrees that, although a close call, the cases are appropriately deemed related. Accordingly, it is hereby ORDERED that the following schedule shall govern further proceedings in this case: (1) Plaintiff shall file a combined reply and opposition on or before April 24, 2020; (2) Defendants shall file their reply on or before April 30, 2020; (3) The parties shall appear telephonically for a motion hearing on May 6, 2020 at 10:00 a.m., at which the Court will hear the motions for preliminary injunction and related cross-motions filed both in this case and in case number 20-cv-770. Signed by Judge Randolph D. Moss on 4/16/20. (lcrdm3, )
|
| Filing 14 RESPONSE re #11 Response to Order to Show Cause, Order,, Set Deadlines, (Response Regarding Relatedness of Case) filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, DANIEL BIBLE, OFFICE OF REFUGEE AND RESETTLEMENT, HEIDI STIRRUP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF. (Hudak, Brian) |
| Filing 13 Memorandum in opposition to re #9 MOTION for Preliminary Injunction and in Support of Defendants' Motion to Dismiss #12 filed by MATTHEW T. ALBENCE, WILLIAM P. BARR, DANIEL BIBLE, OFFICE OF REFUGEE AND RESETTLEMENT, HEIDI STIRRUP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF. (Attachments: #1 Exhibit 1 (Mother Asylum App. Redacted), #2 Exhibit 2 (A.M.P.V. IJ Order of Removal Redacted), #3 Exhibit 3 (U.S. Principal Brief in Thuraissigiam), #4 Exhibit 4 (U.S. Reply Brief in Thuraissigiam), #5 Exhibit 5 (A.M.P.V. Notice to Appear Redacted), #6 Exhibit 6 (A.M.P.V. Asylum App. Redacted), #7 Text of Proposed Order)(Hudak, Brian) |
| Filing 12 MOTION to Dismiss by MATTHEW T. ALBENCE, WILLIAM P. BARR, DANIEL BIBLE, OFFICE OF REFUGEE AND RESETTLEMENT, HEIDI STIRRUP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF (Attachments: #1 Text of Proposed Order)(Hudak, Brian) |
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE by MIRIAM AGUAYO, A.M.P.V. re Order,, Set Deadlines, filed by MIRIAM AGUAYO, A.M.P.V.. (Ellis, Abram) |
| Filing 10 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.M.P.V., MIRIAM AGUAYO (This document is SEALED and only available to authorized persons.) (Attachments: #1 Memorandum in Support of Plaintiff's Unopposed Motion for Leave to File Under Seal, #2 Text of Proposed Order Granting Plaintiff's Unopposed Motion for Leave to File Under Seal, #3 Memorandum in Support of Plaintiff's Motion for a Preliminary Injunction, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit D-1, #9 Exhibit D-2, #10 Exhibit E, #11 Exhibit F, #12 Exhibit F-1, #13 Declaration of A.M.P.V., #14 Certificate of Service)(Ellis, Abram) |
| Filing 9 WITHDRAWN PURSUANT TO #31 NOTICE OF WITHDRAWAL OF MOTION FILED ON 5/1/2020..... MOTION for Preliminary Injunction by A.M.P.V., MIRIAM AGUAYO (Attachments: #1 Declaration of Stephen P. Blake in support of Plaintiff A.M.P.V.'s Motion for a Preliminary Injunction, #2 Text of Proposed Order Granting Plaintiff's Motion for a Preliminary Injunction)(Ellis, Abram) Modified on 5/4/2020 (kt). |
| Filing 8 SUMMONS (8) Issued Electronically as to MATTHEW T. ALBENCE, WILLIAM P. BARR, DANIEL BIBLE, OFFICE OF REFUGEE AND RESETTLEMENT, HEIDI STIRRUP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF. (Attachment: #1 Notice and Consent)(adh, ) |
| Case Assigned to Judge Randolph D. Moss. (adh, ) |
|
MINUTE ORDER: It is hereby ORDERED that Plaintiffs shall file a brief discussing whether this case is related to case number 20-cv-770 on or before April 10, 2020. Defendants' response shall be filed on or before April 14, 2020. The briefs shall not exceed 7 pages in length. Signed by Judge Randolph D. Moss on 4/8/20. (lcrdm3, )
|
| Filing 7 NOTICE of Errata by A.M.P.V., MIRIAM AGUAYO (Attachments: #1 Errata Modified Complaint)(Ellis, Abram) |
| Filing 6 NOTICE of Appearance by Katherine Boyd Palmer-Ball on behalf of All Defendants (Palmer-Ball, Katherine) |
| Filing 5 NOTICE of Appearance by Brian P. Hudak on behalf of All Defendants (Hudak, Brian) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Belia A. Pena, Filing fee $ 100, receipt number ADCDC-6994487. Fee Status: Fee Paid. by A.M.P.V., MIRIAM AGUAYO (Attachments: #1 Declaration of Belia A. Pena, #2 Proposed Order)(Ellis, Abram) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephen P. Blake, Filing fee $ 100, receipt number ADCDC-6994472. Fee Status: Fee Paid. by A.M.P.V., MIRIAM AGUAYO (Attachments: #1 Declaration of Stephen P. Blake, #2 Proposed Order)(Ellis, Abram) |
| Filing 2 NOTICE OF RELATED CASE by A.M.P.V., MIRIAM AGUAYO. Case related to Case No. 20-cv-770. (Ellis, Abram) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief and Petition for Writ of Mandamus against MATTHEW T. ALBENCE, WILLIAM P. BARR, DANIEL BIBLE, JONATHAN HAYES, OFFICE OF REFUGEE AND RESETTLEMENT, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF (Fee already paid - Tracking Id: ADCDC-6994231) (Fee Status:Filing Fee Waived) filed by MIRIAM AGUAYO, A.M.P.V.. (Attachments: #1 Civil Cover Sheet, #2 Summons - William Barr, #3 Summons - Chad Wolf, #4 Summons - Daniel Bible, #5 Summons - DHS, #6 Summons - Heidi Stirrup, #7 Summons - ICE, #8 Summons - Matthew Albence, #9 Summons - ORR)(Ellis, Abram) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the District Of Columbia District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
