Case: Innovation Law Lab v. Nielsen

Innovation Law Lab v. Secretary of the Department of Homeland Security

Innovation Law Labs v. Secretary of the Department of Homeland Security

Innovation Law Lab v. Secretary of the Department of Homeland Security

Innovation Law Labs v. Secretary of the Department of Homeland Security

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5456188 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Innovation Law Lab, Luis Javier Sanchez Gonzalez against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Proposed Summons, # 7 Proposed Summons). (Dahab, Nadia) (Entered: 06/22/2018)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Proposed Summons

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4 Proposed Summons

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5 Proposed Summons

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6 Proposed Summons

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7 Proposed Summons

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Emergency Motion for Temporary Restraining Order and Memorandum in Support. Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Dahab, Nadia) (Entered: 06/22/2018)

1 Exhibit 1

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Declaration of Stephen W. Manning . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (Dahab, Nadia) (Entered: 06/22/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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Declaration of Chanpone Sinlapasai . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Dahab, Nadia) (Entered: 06/22/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Declaration of Leland Baxter-Neal . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Dahab, Nadia) (Entered: 06/22/2018)

Declaration of Luis Garcia . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Dahab, Nadia) (Entered: 06/22/2018)

Declaration of Ian Philabaum . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Dahab, Nadia) (Entered: 06/22/2018)

Declaration of Philip Smith . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Dahab, Nadia) (Entered: 06/22/2018)

Declaration of Chelsea Strautman . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Dahab, Nadia) (Entered: 06/22/2018)

Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 10/22/2018. Joint Alternate Dispute Resolution Report is due by 11/19/2018. Pretrial Order is due by 11/19/2018. Ordered by Judge Michael H. Simon. (sss) (Entered: 06/22/2018)

Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sss) (Entered: 06/22/2018)

Order - Setting a case schedule as follows: (1) Defendants' response to Plaintiff's Motion for Temporary Restraining Order (ECF 2 ) is due by noon on Sunday, June 24, 2018; and (2) Oral Argument is set for Monday, June 25, 2018 at 08:00AM in Portland, Courtroom 15B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/22/2018)

Notice of Appearance of Ubaid ul-Haq appearing on behalf of All Defendants in their official capacities only Filed by on behalf of All Defendants. (ul-Haq, Ubaid) (Entered: 06/24/2018)

Memorandum in Opposition to Emergency Motion for Temporary Restraining Order and Memorandum in Support 2 . Filed by All Defendants. (Attachments: # 1 Exhibit 1, Newman Declaration, # 2 Exhibit 2, Heaton Declaration, # 3 Exhibit 3, ICE Phone Lines, # 4 Exhibit 4, FDC Sheridan Laptop-Tablet Access) (ul-Haq, Ubaid) (Entered: 06/24/2018)

1 Exhibit 1, Newman Declaration

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2 Exhibit 2, Heaton Declaration

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3 Exhibit 3, ICE Phone Lines

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4 Exhibit 4, FDC Sheridan Laptop-Tablet Access

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Motion to Appear as Amicus Curiae . Filed by Lisa Hay. (Hay, Lisa) (Entered: 06/24/2018)

ORDER: Granting Motion to Appear as Amicus Curiae 15 . Ordered by Judge Michael H. Simon. (SI) (Entered: 06/24/2018)

Notice of Appearance of Dianne Schweiner appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Schweiner, Dianne) (Entered: 06/24/2018)

Amicus Brief In Support Of Plaintiffs' Emergency Application for TRO. Filed by Lisa Hay. (Hay, Lisa) (Entered: 06/24/2018)

Request for Judicial Notice . Filed by All Plaintiffs. (Attachments: # 1 Exhibit A) (Dahab, Nadia) (Entered: 06/24/2018)

1 Exhibit A

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Motion to Withdraw Request for Judicial Notice 19 . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 06/24/2018)

ORDER - Plaintiff's Motion to Withdraw Request for Judicial Notice (ECF 20 ) is GRANTED. Plaintiffs' Request for Judicial Notice (ECF 19 ) is WITHDRAWN. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/25/2018)

Minutes of Temporary Restraining Order Hearing: Order - Plaintiffs' Emergency Motion for Temporary Restraining order (ECF 2 ) is GRANTED as stated on the record. Formal order to follow. Keith A. Ketterling, Nadia H. Dahab, Kelly K. Simon, and Victoria Bejarano Hurst Muirhead present as counsel for Plaintiff(s). Dianne Schweiner present as counsel for Defendants. Lisa Hay and Stephen Sady present as counsel Amicus Curiae. Court Reporter: Ryan White. Judge Michael H. Simon presiding. (mja) (Entered: 06/25/2018)

Opinion and Order - Plaintiff' s Motion for Temporary Restraining Order and Preliminary Injunction (ECF 2 ) is GRANTED as set forth in this Opinion and Order. A Status Conference is set for 7/2/2018 at 10:00AM in Portland, Courtroom 15B, before Judge Michael H. Simon. Signed on 6/25/2018 by Judge Michael H. Simon. (mja) (Entered: 06/25/2018)

Motion for Order Allowing Transfer of Detainee. Expedited Hearing requested. Filed by All Defendants. (Schweiner, Dianne) (Entered: 06/27/2018)

Order - Setting oral argument on Defendant's Motion for Order Allowing Transfer of Detainee (ECF 24 ) for 6/28/2018 at 03:30PM in Portland, Courtroom 15B, before Judge Michael H. Simon. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/27/2018)

Response in Opposition to Motion for Order Allowing Transfer of Detainee 24 . Filed by Lisa Hay. (Hay, Lisa) (Entered: 06/27/2018)

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Temporary Restraining Order Hearing held on June 25, 2018, before Judge Michael H. Simon, Court Reporter Ryan White, telephone number 503-326-8184 or ryan_white@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/5/2018. Redaction Request due 7/19/2018. Redacted Transcript Deadline set for 7/30/2018. Release of Transcript Restriction set for 9/26/2018. (White, Ryan) (Entered: 06/28/2018)

Minutes of Motion Hearing: Order - Defendants' Motion for Order Allowing Transfer of Detainee (ECF 24 ) is DENIED as stated on the record. Nadia H. Dahab present as counsel for Plaintiffs. Dianne Schweiner and Ubaid Ul-Hag present as counsel for Defendants. Lisa Hay and Jessica Snyder present as counsel Amica Curiae. Court Reporter: Bonita Shumway. Judge Michael H. Simon presiding. (mja) (Entered: 06/28/2018)

Motion to Dissolve Temporary Restraining Order; and Federal Defendants' Status Update. Filed by All Defendants. (Attachments: # 1 Exhibit 1, Newman Declaration (BOP), # 2 Exhibit 2, Heaton Declaration (ICE)) (ul-Haq, Ubaid) (Entered: 07/01/2018)

1 Exhibit 1, Newman Declaration (BOP)

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2 Exhibit 2, Heaton Declaration (ICE)

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Motion to Amend/Correct Opinion and Order, 23 . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 07/01/2018)

Declaration of Erin M. Pettigrew. Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct 30 .) (Attachments: # 1 Exhibit A) (Dahab, Nadia) (Entered: 07/01/2018)

1 Exhibit A

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Amended Affidavit of Amberly Newman in Support of Motion . Filed by All Defendants. (Related document(s): Motion - Miscellaneous 29 .) (Attachments: # 1 Attachment A and B) (Schweiner, Dianne) (Entered: 07/01/2018)

1 Attachment A and B

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Response in Opposition (captioned Brief of Amica Curiae Federal Public Defender in Opposition to Motion to Dissolve Temporary Restraining Order) to Motion to Dissolve Temporary Restraining Order; and Federal Defendants' Status Update 29 . Filed by Lisa Hay. (Hay, Lisa) (Entered: 07/02/2018)

Minutes of Status Conference - See attached order for details. Keith A. Ketterling, Nadia H. Dahab, and Leland Baxter-Neal present as counsel for Plaintiff(s). Dianne Schwiener, Erez Rueveni, and Ubaid Ul-Haq present as counsel for Defendant(s). Stephen R. Sady and Jessica Greenlick Snyder present as counsel Amica Curiae Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (mja). Modified to add amica curiae counsel. (Main Document 34 replaced to correct typographical error on 7/3/2018. NEF regenerated to all parties.) (sss). (Entered: 07/02/2018)

Order - All filings in this case will be unsealed by the Court and available to the public unless expressly requested by a party that a filing be sealed. Ordered by Judge Michael H. Simon. (mja) (Entered: 07/02/2018)

Minutes of Telephone Conference: Discovery matter discussed as stated on the sealed record. Keith A. Ketterling, Nadia H. Dahab, and Leland Baxter-Neal present as counsel for Plaintiff(s). Ubaid Ul-Haq present as counsel for Defendant(s). Jessica Greenlick Snyder present as counsel Amica Curiae. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 07/03/2018)

Status Report on Discovery Requests by All Plaintiffs. Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 07/05/2018)

Declaration of Keith Ketterling in Support of Plaintiffs' Status Report on Discovery Requests. Filed by All Plaintiffs. (Related document(s): Status Report 37 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Dahab, Nadia) (Entered: 07/05/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Minutes of Status Conference: Status of case discussed as stated on the record. Order - Setting a further Status Conference for 7/13/2018 at 10:00AM in Portland, Courtroom 15B, before Judge Michael H. Simon. Ketih A. Ketterling, Nadia H. Dahab, and Leland Baxter-Neal present as counsel for plaintiff(s). Ubaid Ul-Haq and Anthony Bianco present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael H. Simon presiding. (mja) (Entered: 07/06/2018)

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on June 28, 2018 before Judge Michael H. Simon, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/13/2018. Redaction Request due 7/27/2018. Redacted Transcript Deadline set for 8/6/2018. Release of Transcript Restriction set for 10/4/2018. (Shumway, Bonita) (Entered: 07/06/2018)

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Status Hearing held on July 3, 2018 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov, OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Status Hearing for date of July 3, 2018 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@ord.uscourts.gov. NOTE: THIS DOCUMENT HAS BEEN FILED UNDER SEAL. Notice of Intent to Redact Transcript is due by 7/16/2018. Redaction Request due 7/30/2018. Redacted Transcript Deadline set for 8/8/2018. Release of Transcript Restriction set for 10/9/2018. (Apodaca, Dennis) (Entered: 07/08/2018)

Notice of Appearance of Anthony D. Bianco appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Bianco, Anthony) (Entered: 07/12/2018)

Declaration of Rosa Cham-Estrada, Associate Warden, FCI Sheridan . Filed by All Defendants. (ul-Haq, Ubaid) (Entered: 07/12/2018)

Declaration of Corey Heaton, Assistant Field Office Director, ICE/ERO Portland . Filed by All Defendants. (ul-Haq, Ubaid) (Entered: 07/12/2018)

MINUTES of Proceedings: Status Conference held. Status of case discussed as stated on the record. The parties shall confer and email the Court with a proposed revised schedule. Keith A. Kitterling, Nadia H. Dahab and Leland Baxter Neal present as counsel for plaintiff(s). Ubaid ul-Haq and Anthony D. Bianco present (on phone) as counsel for defendant(s). Tape No: Present for Amicus: Jessica Snyder (on phone). Judge Michael H. Simon presiding. (jp) (Entered: 07/13/2018)

Notice of Appearance of Leland Baxter-Neal appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs. (Baxter-Neal, Leland) (Entered: 07/13/2018)

Order - The Court adopts the parties' stipulated schedule and orders the other matters as stated herein. The Temporary Restraining Order (ECF 23 ) entered by the Court on June 25, 2018, is extended by one week to July 30, 2018, conditioned on Plaintiffs' agreement to complete all remaining initial consultations by July 30, 2018. The Preliminary Injunction Hearing set for 7/20/2018 at 10:00AM is STRICKEN and RESET to 7/30/2018 at 1:00PM in Courtroom 15B. Signed on 7/16/2018 by Judge Michael H. Simon. (See formal order for details) (mja) Modified on 7/16/2018 to correct text of order. (mja). (Entered: 07/16/2018)

Motion for Preliminary Injunction . Oral Argument requested. Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 07/20/2018)

Declaration of Stephen W. Manning . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 48 .) (Dahab, Nadia) (Entered: 07/20/2018)

Declaration of Erin M. Pettigrew . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 48 .) (Dahab, Nadia) (Entered: 07/20/2018)

Response in Opposition to Motion for Preliminary Injunction 48 Oral Argument requested. Filed by All Defendants. (Bianco, Anthony) (Entered: 07/27/2018)

Minutes of Preliminary Injunction Hearing: Order - Plaintiffs' Motion for Preliminary Injunction (ECF 48 ) is GRANTED as stated on the record. Formal order to follow. Order - Setting a Status Conference for 8/13/2018 at 10:00AM, in Portland, Courtroom 15B, before Judge Michael H. Simon. Keith A. Ketterling, Nadia H. Dahab and Leland Baxter-Neal present as counsel for Plaintiff(s). Anthony D. Bianco present as counsel for Defendant(s). Court Reporter: Bonita Shumway. Judge Michael H. Simon presiding. (mja) (Entered: 07/30/2018)

Transcript Designation and Order Form for the hearing held on 7/30/2018 before Judge Simon. Court Reporter: Bonita Shumway. . Filed by All Defendants. (Bianco, Anthony) (Entered: 07/31/2018)

Opinion and Order - Plaintiff's Motion for Preliminary Injunction (ECF 48 ) is GRANTED as set forth in this Opinion and Order. Signed on 7/31/2018 by Judge Michael H. Simon. (mja) (Entered: 07/31/2018)

Minutes of Status Conference: Status of the case discussed as stated on the record. Order - A Telephone Status Conference is set for 8/31/2018 at 09:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Nadia H. Dehab and Leland Baxter-Neal present as counsel for plaintiff(s). Ubaid Ul-Haq and Anthony D. Bianco present as counsel for defendant(s). Lisa Hay, Jessica Greenlick Snyder and Stephen Sady present as counsel Amicus Curiae. Court Reporter: Ryan White. Judge Michael H. Simon presiding. Modified on 8/13/2018 to add Amicus Curiae counsel (mja). (Entered: 08/13/2018)

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Preliminary Injunction Hearing held on 7/30/2018 before Judge Michael H. Simon, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/20/2018. Redaction Request due 9/4/2018. Redacted Transcript Deadline set for 9/13/2018. Release of Transcript Restriction set for 11/13/2018. (Shumway, Bonita) (Entered: 08/13/2018)

Scheduling Order by Judge Michael H. Simon. Order - At the Government's unopposed request, the Court is resetting the Telephone Status Conference from 8/31/2018 to 9/4/2018 at 10:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 08/24/2018)

Minutes of Telephone Conference: Status of case discussed as stated on the record. Setting a further Telephone Status Conference for 9/25/2018 at 09:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Nadia H. Dahab and Leland Baxter-Neal present as counsel for Plaintiffs. Ubaid ul-Haq present as counsel for Defendants. George Y. Cho present as counsel for Federal Bureau of Prisons. Lisa Hay and Jessica Greenlick Snyder present as counsel Amicus Curiae. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 09/04/2018)

Motion to Dismiss for Lack of Jurisdiction and for Mootness. Filed by All Defendants. (Attachments: # 1 Exhibit 1, Declaration of AFOD Chad Allen, 09.04.18, # 2 Exhibit 2, Declaration of Amberly Newman, 09.14.18) (ul-Haq, Ubaid) (Entered: 09/14/2018)

1 Exhibit 1, Declaration of AFOD Chad Allen, 09.04.18

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2 Exhibit 2, Declaration of Amberly Newman, 09.14.18

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Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction and for Mootness 59 . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 09/21/2018)

Minutes of Telephone Conference: Order - Plaintiffs' Motion for Extension of Time (ECF 60 ) is GRANTED as follows: Plaintiffs' response to Defendants' Motion to Dismiss (ECF 59 ) is due by 10/12/2018; Defendants' reply is due by 10/19/2018; and Oral Argument is set for 11/2/2018 at 02:00PM in Portland, Courtroom 15B, before Judge Michael H. Simon. Keith A. Ketterling, Nadia H. Dahab, Mathew W. dos Santos, and Leland Baxter-Neal present as counsel for Plaintiffs. Ubaid ul-Haq present as counsel for Defendants. Lisa Hay present as counsel Amicus Curiae. George Y. Cho present as counsel for the Federal Bureau of Prisons. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 09/25/2018)

Stipulated Motion to Amend/Correct Opinion and Order 54 . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 10/04/2018)

ORDER - The Parties' Stipulated Motion to Amend Opinion and Order Granting Preliminary Injunction (ECF 62 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/05/2018)

Response to Motion to Dismiss for Lack of Jurisdiction and for Mootness 59 . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 10/12/2018)

Declaration of Stephen W. Manning . Filed by All Plaintiffs. (Related document(s): Response to Motion 64 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Dahab, Nadia) (Entered: 10/12/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Supplement Letter of Additional Authority. Filed by All Plaintiffs. (Related document(s): Response to Motion 64 .) (Attachments: # 1 Attachment) (Dahab, Nadia) (Entered: 10/17/2018)

1 Attachment

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Unopposed Motion for Extension of Time to File a Response/Reply in Support of to Motion to Dismiss for Lack of Jurisdiction and for Mootness 59 . Filed by All Defendants. (ul-Haq, Ubaid) (Entered: 10/19/2018)

ORDER - Defendants' Motion for Extension of Time to File Reply to Motion to Dismiss for Lack of Jurisdiction (ECF 67 ) is GRANTED. Defendants' reply is due by 10/26/2018. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/19/2018)

Reply in Support to Motion to Dismiss for Lack of Jurisdiction and for Mootness 59 . Filed by All Defendants. (ul-Haq, Ubaid) (Entered: 10/26/2018)

Motion for Order Allowing Transfer of Remaining Alien Detainees Pursuant to Order Granting Preliminary Injunction, ECF No. 54. Filed by All Defendants. (Attachments: # 1 Exhibit 1, Declaration of AFOD Heaton) (ul-Haq, Ubaid) (Entered: 10/26/2018)

1 Exhibit 1, Declaration of AFOD Heaton

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Response in Opposition to Motion for Order Allowing Transfer of Remaining Alien Detainees Pursuant to Order Granting Preliminary Injunction, ECF No. 54 70 . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 11/01/2018)

Declaration of Stephen W. Manning ISO Plaintiffs' Opposition to Motion for Order Allowing Transfer of Detainee. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion 71 .) (Dahab, Nadia) (Entered: 11/01/2018)

ORDER - In anticipation of the oral argument set for November 2, 2018, at 2:00 p.m. on Defendants' Motion to Dismiss Complaint for Lack of Jurisdiction and for Mootness (ECF 59 ), the Court would appreciate the parties being prepared to discuss the following question: If this Court properly had subject matter jurisdiction over the dispute when the complaint was filed because removal proceedings had not yet begun, can there be "retroactive destruction of jurisdiction" after removal proceedings commence, based on 8 U.S.C. sec. 1252(b)(9)? The Court understands that Defendants deny the premise of this question. The Court also understands that Plaintiffs assert that Section 1252(b)(9) does not apply in this case because their claims are "wholly independent of and collateral to their removal proceedings." Putting aside for a moment these specific arguments by Plaintiffs and Defendants, the Court would appreciate the parties' views on whether a case that begins with subject matter matter jurisdiction being present can ever lose jurisdiction based on post-filing events. In addressing that question, the parties may want to consider the following cases: (1) Exxon Mobil Corp. v. Saudi Basic Indus, Corp., 544 U.S. 280, 292 (2005); (2) Judge Noonan's dissent in Ahmed v. Washington, 276 F.3d 464, 474-75 (Noonan, J., dissenting) (9th Cir. 2001), as amended (Dec. 27, 2001), vacated, 294 F.3d 1092 (9th Cir. 2002); and (3) Morgans Heirs v. Morgan, 15 U.S. (2 Wheat.) 290, 294-95 (1817) (Chief Justice John Marshall writing, "The general rule is, that a court, once having jurisdiction of a case, will keep it."). Ordered by Judge Michael H. Simon. (mja) (Entered: 11/01/2018)

MINUTES OF PROCEEDINGS: Order - Defendants' Motion to Dismiss (ECF 59 ) is taken under advisement as of 11/2/2018. Keith A. Ketterling, Nadia H. Dahab, and Leland Baxter-Neal present as counsel for Plaintiffs. Ubaid Ul-Haq present as counsel for Defendants. George Y. Cho present as counsel for the Federal Bureau of Prisons. Sarah Lara present as counsel for the Department of Homeland Security. Lisa Hay present as counsel Amicus Curiae. Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 11/02/2018)

Notice of Voluntary Dismissal . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 12/04/2018)

Declaration of Stephen W. Manning Accompanying Plaintiffs' Notice of Voluntary Dismissal. Filed by All Plaintiffs. (Related document(s): Notice of Voluntary Dismissal 75 .) (Dahab, Nadia) (Entered: 12/04/2018)