Case: Doe v. McAleenan

3:19-cv-02119 | U.S. District Court for the Southern District of California

Filed Date: Nov. 5, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about asylum seekers' right to counsel in refoulment interviews conducted by U.S. Citizenship and Immigration Services which determine whether an asylum seeker can remain in the United States during their immigration proceedings. On November 5, 2019, asylum seekers filed this lawsuit in the U.S. District Court of Southern District of California (in San Diego). The plaintiffs, represented by the ACLU of San Diego, sued the U.S. Department of Homeland Security, U.S. Citizenship and…

On November 5, 2019, asylum seekers filed this lawsuit in the U.S. District Court of Southern District of California (in San Diego). The plaintiffs, represented by the ACLU of San Diego, sued the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, and U.S. Customs and Border Protection for violating the Administrative Procedure Act (5 U.S.C. §§ 551), the Immigration and Nationality Act (8 U.S.C. §§ 1101), and Plaintiffs’ rights to procedural and substantive due process under the Fifth Amendment and their right to free speech under the First Amendment. The plaintiffs sought a declaration that the Federal Government unlawfully deprived them of access to counsel to prepare for hearings that could result in immediate deportation under the Migrant Protection Protocols (also called the "Remain in Mexico Policy") along with an injunction allowing access to counsel (or habeas relief if access to counsel would be impractical) and attorneys' fees.

The plaintiffs are parents who fled from Guatemala to the United States through Mexico, where they alleged they were robbed and assaulted. They were detained in the United States and faced deportation to Mexico under the Migrant Protection Protocols while their asylum claims were pending in the United States. However, they could avoid deportation if they could establish that their life or freedom would be threatened in Mexico at a "non-refoulement" interview. But the plaintiffs alleged that the defendants prevented them from retaining counsel to help them prepare for and represent them in their impending non-refoulement interviews.

On the same day they filed suit, the plaintiffs asked the Court for a temporary restraining order to allow them access to retained counsel and filed a motion for class certification. Judge Dana M. Sabraw granted a temporary restraining order to enjoin the government from denying the plaintiffs' access to legal counsel before and during their non-refoulement interview on November 12, 2019. Judge Sabraw also certified a class consisting of “all individuals who are detained in CBP custody in California awaiting or undergoing non-refoulement interviews pursuant to what the government calls the 'Migrant Protection Protocols' program and who have retained lawyers” on January 14, 2020. On the same day, Judge Sabraw issued a class-wide preliminary injunction in the Plaintiffs' favor. 415 F. Supp. 3d 971.

In March of 2020, Defendants appealed the preliminary injunction to the US Court of Appeals for the Ninth Circuit. The appeal in this case was stayed pending the outcome of a separate Supreme Court case on the same issue, Wolf [or Pekoske] v. Innovation Law Lab. Later, on December 15, 2020, the court of appeals ordered: “Submission of this case is vacated pending the Supreme Court’s disposition of Wolf, et al. v. Innovation Law Lab, et al., No. 19-1212.” The Supreme Court granted certiorari on October 19, 2020, under the name “Mayorkas v. Innovation Law Lab”. On June 21, 2021 (entered on July 23, 2021), the judgment was vacated, and the case was remanded to the United States Court of Appeals for the Ninth Circuit with instructions to direct the District Court to vacate as moot the April 8, 2019 order granting a preliminary injunction.

On February 2, 2022, the defendant filed for a motion to stay and finding of mootness as the currently implemented version of MPP is separate from the policy Plaintiffs initially challenged, and the current version provides the same or greater access to counsel than that Plaintiffs initially sought. The court on March 14, 2022, denied the defendant’s motion to stay and suggestion of mootness and granted the unopposed motion for a 90-day extension to answer or otherwise respond to the complaint. The court held that while the instant case will become moot should the government prevail in Biden v. Texas at the Supreme Court and subsequently terminate MPP, it currently remained live.

The government won on appeal at the Supreme Court in Biden v. Texas (2022). The question of that case was whether the Biden administration must continue to enforce the Trump administration’s Migrant Protection Protocols, or whether the Biden Department of Homeland Security decision ending the policy has legal effect. The Supreme Court held that the Government’s rescission of Migrant Protection Protocols did not violate section 1225 of the Immigration and Nationality Act, and the resolution constituted valid final agency action.

The case went back to the district court, where the parties filed cross-motions for summary judgment. Plaintiffs argue the case is not moot, as a decision in Texas v. Biden may require MPP's reimplementation. On August 16, 2024, both parties asked the court to continue to stay the case for 90 days to allow additional time to continue discussing a possible resolution in this matter. On August 21, 2024, the court stayed the case until November 19, 2024.

The case is currently ongoing.

Summary Authors

Bogyung Lim (2/10/2020)

John Duffield (6/14/2021)

Mario Campos (10/20/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16429866/parties/doe-v-mcaleenan/

Judge(s)

Expert/Monitor/Master/Other

Church, Rebecca Grace (California)

CV, U S (California)

Langarica, Monika Yvette (California)

Loy, John David (California)

Markovitz, Jonathan Paul (California)

Judge(s)

Sabraw, Dana Makoto (California)

Other

Church, Rebecca Grace (California)

CV, U S (California)

Langarica, Monika Yvette (California)

Loy, John David (California)

Markovitz, Jonathan Paul (California)

Ramkumar, Archith (California)

Vakili, Bardis (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:19-cv-02119	Docket	Jan. 24, 2020	Jan. 24, 2020 Docket
1 3:19-cv-02119	Complaint-Class Action and Petition for Writ of Habeas Corpus	Nov. 5, 2019	Nov. 5, 2019 Complaint
18 3:19-cv-02119	Order Granting Motion for Temporary Restraining Order	Nov. 12, 2019	Nov. 12, 2019 Order/Opinion 415 F.Supp.3d 971
39 3:19-cv-02119	Order Granting Motion for Class Certification Doe v. Wolf	Jan. 14, 2020	Jan. 14, 2020 Order/Opinion 424 F.Supp.3d 1028
40 3:19-cv-02119	Doe v. Wolf Order Granting Motion for Classwide Preliminary Injunction	Jan. 14, 2020	Jan. 14, 2020 Order/Opinion 432 F.Supp.3d 1200
45 3:19-cv-02119	Notice of Appeal/Petition Received by the USCA Doe v. Wolf U.S. Court of Appeals for the Ninth Circuit	March 13, 2020	March 13, 2020 Pleading / Motion / Brief
76 3:19-cv-02119	Order Granting Unopposed Motion for 90-Day Stay	Aug. 4, 2021	Aug. 4, 2021 Order/Opinion
77 3:19-cv-02119	Order Doe v. Mayorkas U.S. Court of Appeals for the Ninth Circuit	Sept. 3, 2021	Sept. 3, 2021 Order/Opinion
77 3:19-cv-02119	Order Doe v. Mayorkas U.S. Court of Appeals for the Ninth Circuit	Sept. 3, 2021	Sept. 3, 2021 Order/Opinion
82 3:19-cv-02119	Order Doe v. Mayorkas U.S. Court of Appeals for the Ninth Circuit	Nov. 8, 2021	Nov. 8, 2021 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16429866/doe-v-mcaleenan/

Last updated April 3, 2026, 4:54 a.m.

ECF Number	Date	Description	Link
1	Nov. 5, 2019	Petition for Writ of Habeas Corpus against William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder, filed by Diana Doe, Cristian Doe.(Filing fee $5 - receipt number: 0974-13129808) (Attachments: # 1 Civil Cover Sheet)The new case number is 3:19-cv-2119-DMS-AGS. Judge Dana M. Sabraw and Magistrate Judge Andrew G. Schopler are assigned to the case. (Langarica, Monika)(jms) (Entered: 11/05/2019) 1 Civil Cover Sheet View on PACER	RECAP
2	Nov. 5, 2019	MOTION for Temporary Restraining Order by Cristian Doe, Diana Doe. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration)(jms) (Entered: 11/05/2019)	RECAP
3	Nov. 5, 2019	MOTION for Class Certification by Cristian Doe, Diana Doe. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Monika Y. Langarica, # 3 Declaration of Bardis Vakili)(jms) (Entered: 11/05/2019)	RECAP
4	Nov. 5, 2019	MOTION Ex Parte Application to Leave to Proceed Under Pseudonym, to File Documents Under Seal, and For Interim Protective Order by Cristian Doe, Diana Doe. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration)(jms). Added MOTION to File Documents Under Seal on 11/5/2019 (dlg). (Entered: 11/05/2019)	RECAP
5	Nov. 5, 2019	SEALED LODGED Proposed Document re: 4 MOTION Ex Parte Application to Leave to Priceed Under Pseudonym, to File Documents Under Seal, and For Interim Protective OrderMOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Langarica, Monika) (dlg). (Entered: 11/05/2019)	RECAP
6	Nov. 5, 2019	ORDER Setting Briefing Schedule. Respondents-Defendants shall file a response to this motion on or before November 6, 2019 at 12:00 p.m. Hearing on the Petitioners-Plaintiff's motion for temporary restraining order shall be scheduled for November 6, 2019 at 2:00 p.m. The Parties may appear telephonically if necessary. Signed by Judge Dana M. Sabraw on 11/5/2019.(aef) (Entered: 11/05/2019)	RECAP
7	Nov. 5, 2019	NOTICE of Appearance by Bardis Vakili on behalf of Cristian Doe, Diana Doe (Vakili, Bardis)Attorney Bardis Vakili added to party Cristian Doe(pty:pet), Attorney Bardis Vakili added to party Diana Doe(pty:pet) (jms). (Entered: 11/05/2019)	RECAP
8	Nov. 5, 2019	NOTICE of Appearance by Jonathan Paul Markovitz on behalf of Cristian Doe, Diana Doe (Markovitz, Jonathan)Attorney Jonathan Paul Markovitz added to party Cristian Doe(pty:pet), Attorney Jonathan Paul Markovitz added to party Diana Doe(pty:pet)(jms). (Entered: 11/05/2019)	RECAP
9	Nov. 5, 2019	NOTICE of Appearance by John David Loy on behalf of Cristian Doe, Diana Doe (Loy, John)Attorney John David Loy added to party Cristian Doe(pty:pet), Attorney John David Loy added to party Diana Doe(pty:pet) (jms). (Entered: 11/05/2019)	RECAP
10	Nov. 6, 2019	NOTICE Ex Parte Notice to Stipulate to Postpone Non-Refoulment Interviews of Petitioners Pending TRO Adjudication by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder re 6 Order Setting Briefing Schedule, (Church, Rebecca)Attorney Rebecca Grace Church added to party William Barr(pty:res), Attorney Rebecca Grace Church added to party Sergio Beltran(pty:res), Attorney Rebecca Grace Church added to party Kenneth T. Cuccinelli(pty:res), Attorney Rebecca Grace Church added to party Douglas Harrison(pty:res), Attorney Rebecca Grace Church added to party Robert Hood(pty:res), Attorney Rebecca Grace Church added to party Kevin K. McAleenan(pty:res), Attorney Rebecca Grace Church added to party Mark A. Morgan(pty:res), Attorney Rebecca Grace Church added to party Ryan Scudder(pty:res) (aef). (Entered: 11/06/2019)	RECAP
11	Nov. 6, 2019	RESPONSE re 10 Notice (Other), to Defendants-Respondents' Ex Parte Notice to Stipulate to Postpone Non-Refoulement Interviews of Petitioners Pending TRO Adjudication filed by Cristian Doe, Diana Doe. (Langarica, Monika) (aef). (Entered: 11/06/2019)	RECAP
12	Nov. 6, 2019	ORDER Setting Briefing Schedule. Respondents-Defendants shall file a response to Petitioners-Plaintiffs' motion for temporary restraining order on or before November 7, 2019 at 5:00 p.m. Hearing on this matter shall be scheduled for November 8, 2019 at 2:30 p.m. Signed by Judge Dana M. Sabraw on 11/6/2019.(aef) (Entered: 11/06/2019)	RECAP
13	Nov. 6, 2019	Minute Entry for proceedings held before Judge Dana M. Sabraw: Telephonic Status Conference held on 11/6/2019. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Monika Langarica, Bardis Vakili). (Defendant Attorney Katherine Parker, Rebecca Church, Samuel Bettwy). (no document attached) (jak) (Entered: 11/06/2019)	RECAP
	Nov. 6, 2019	Status Conference
14	Nov. 7, 2019	RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Attachments: # 1 Exhibit, # 2 Declaration Christian A. Couch)(Bettwy, Samuel) (jms). (Entered: 11/07/2019)	RECAP
15	Nov. 8, 2019	Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jms) (Entered: 11/08/2019)	RECAP
16	Nov. 8, 2019	REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order filed by Cristian Doe, Diana Doe. (Vakili, Bardis) (jms). (Entered: 11/08/2019)	RECAP
17	Nov. 8, 2019	Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 11/8/2019 re 2 MOTION for Temporary Restraining Order filed by Cristian Doe, Diana Doe. Court to issue order.(Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Bardis Vakili, Monika Langarica, Jonathan Markovitz). (Defendant Attorney Samuel Bettwy, Rebecca Church, Caroline Prime). (no document attached) (jak) (Entered: 11/08/2019)	RECAP
	Nov. 8, 2019	Motion Hearing
18	Nov. 12, 2019	ORDER Granting 2 Motion for Temporary Restraining Order. Petitioners' motion for temporary restraining order is granted. Pending before the Court are Petitioners' motions for class certification and preliminary injunction. Respondents shall respond to the motions by November 27, 2019 at 5:00 p.m., and Petitioners shall file their replies by December 6, 2019 at 5 p.m. The parties are ordered to meet and confer in person by no later than December 4, 2019 to attempt resolution of these matters. Absent resolution, the motions will be heard on December 13, 2019 at 1:30 p.m. Signed by Judge Dana M. Sabraw on 11/12/2019. (aef) (Entered: 11/12/2019)	RECAP
19	Nov. 13, 2019	*DOCUMENT WITHDRAWN PER ECF 23 * - Ex Parte MOTION for Order to Enforce TRO by Cristian Doe, Diana Doe. (Attachments: # 1 Declaration)(Vakili, Bardis) Modified on 11/13/2019 to withdraw document; motion termed (aef). (Entered: 11/13/2019) 1 Declaration View on RECAP	RECAP
20	Nov. 13, 2019	NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 11/8/2019 before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/4/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/11/2020. (akr) (Entered: 11/13/2019)	RECAP
21	Nov. 13, 2019	*DOCUMENT WITHDRAWN PER ECF 23 * - MOTION to Supplement Ex Parte Application to Enforce TRO and Request to Hold Defendant U.S. Border Patrol in Contempt by Cristian Doe, Diana Doe. (Vakili, Bardis) Modified on 11/13/2019 to withdraw document; motion termed (aef). (Entered: 11/13/2019)	RECAP
22	Nov. 13, 2019	ORDER TO SHOW CAUSE Why Respondents are not in Contempt. Respondents, specifically Douglass Harrison, Chief Agent for San Diego Sector of Border Patrol, are ordered to show cause why. Hearing on this matter shall be scheduled for November 13, 2019 at 3:30 p.m. Signed by Judge Dana M. Sabraw on 11/13/2019.(aef) (Entered: 11/13/2019)	RECAP
23	Nov. 13, 2019	NOTICE OF WITHDRAWAL OF DOCUMENT by Cristian Doe, Diana Doe re 19 Ex Parte MOTION for Order to Enforce TRO filed by Cristian Doe, Diana Doe, 21 MOTION to Supplement Ex Parte Application to Enforce TRO and Request to Hold Defendant U.S. Border Patrol in Contempt filed by Cristian Doe, Diana Doe . (Vakili, Bardis) (aef). (Entered: 11/13/2019)	RECAP
24	Nov. 13, 2019	ORDER Re: Hearing. The hearing set for November 13, 2019 is vacated. Signed by Judge Dana M. Sabraw on 11/13/2019.(aef) (Entered: 11/13/2019)	RECAP
25	Nov. 19, 2019	Ex Parte MOTION for Extension of Time to File Unopposed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Church, Rebecca)(aef). (Entered: 11/19/2019)	RECAP
26	Nov. 19, 2019	NOTICE of Appearance by Archith Ramkumar on behalf of William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder (Ramkumar, Archith)Attorney Archith Ramkumar added to party William Barr(pty:res), Attorney Archith Ramkumar added to party Sergio Beltran(pty:res), Attorney Archith Ramkumar added to party Kenneth T. Cuccinelli(pty:res), Attorney Archith Ramkumar added to party Douglas Harrison(pty:res), Attorney Archith Ramkumar added to party Robert Hood(pty:res), Attorney Archith Ramkumar added to party Kevin K. McAleenan(pty:res), Attorney Archith Ramkumar added to party Mark A. Morgan(pty:res), Attorney Archith Ramkumar added to party Ryan Scudder(pty:res) (jms). (Entered: 11/19/2019)	RECAP
27	Nov. 19, 2019	ORDER Granting 25 Unopposed Ex Parte Application for One-Week Extension of Time. The following deadlines set in the Order Granting Motion for Temporary Restraining Order (ECF No. 18) are extended: (1) the responses to the motions for class certification and preliminary injunction are extended from November 27, 2019 to December 4, 2019; (2) Petitioners replies are extended from December 6, 2019 to December 13, 2019; (3) the meet and confer deadline is extended from December 4, 2019 to December 11, 2019; and (4) the hearing is extended from December 13, 2019 to December 20, 2019 at 1:30 p.m. Signed by Judge Dana M. Sabraw on 11/19/2019. (aef) (Entered: 11/19/2019)	RECAP
28	Dec. 2, 2019	Ex Parte MOTION Allow Telephonic Meet and confer re 18 Order on Motion for TRO,, Unopposed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Church, Rebecca) (jms). (Entered: 12/02/2019)	RECAP
29	Dec. 3, 2019	ORDER Granting 28 Unopposed Ex Parte Application to Allow Telephonic Meet and Confer. The Court's Order Granting Motion for Temporary Restraining Order (ECF No. 18) is MODIFIED to allow for a telephonic meet and confer. Signed by Judge Dana M. Sabraw on 12/3/2019. (aef) (Entered: 12/03/2019)	RECAP
30	Dec. 4, 2019	RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Attachments: # 1 Exhibit Oral Decision Cruz v. DHS, # 2 Declaration of Ashley Caudill-Mirillo, # 3 Declaration of Scott Garrett, # 4 Declaration of Mariza Marin)(Ramkumar, Archith) (jms). (Entered: 12/04/2019)	RECAP
31	Dec. 4, 2019	RESPONSE in Opposition re 3 MOTION to Certify Class filed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Attachments: # 1 Declaration of Ashley Caudill-Mirillo)(Ramkumar, Archith)(jms). (Entered: 12/04/2019)	RECAP
32	Dec. 10, 2019	STATUS REPORT Joint Status Report Regarding Meet and Confer by Cristian Doe, Diana Doe. (Vakili, Bardis) (jms). (Entered: 12/10/2019)	RECAP
33	Dec. 13, 2019	REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order filed by Cristian Doe, Diana Doe. (Attachments: # 1 Declaration)(Vakili, Bardis) (jms). (Entered: 12/13/2019)	RECAP
34	Dec. 13, 2019	REPLY to Response to Motion re 3 MOTION to Certify Class filed by Cristian Doe, Diana Doe. (Vakili, Bardis) (jms). (Entered: 12/13/2019)	RECAP
35	Dec. 18, 2019	SUMMONS Returned Executed by Diana Doe, Cristian Doe. William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder served. (Attachments: # 1 Attachment to Proof of Service)(Vakili, Bardis) (jms). (Entered: 12/18/2019)	RECAP
36	Dec. 20, 2019	Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 12/20/2019. Court to issue order. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Bardis Vakili, Jonathan Markovitz, Monika Langarica). (Defendant Attorney Archith Ramkumar). (no document attached) (jak) (Entered: 12/20/2019)	RECAP
	Dec. 20, 2019	Motion Hearing
37	Jan. 9, 2020	MOTION for Extension of Time to File Answer unopposed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Ramkumar, Archith) (jms). (Entered: 01/09/2020)	RECAP
38	Jan. 10, 2020	ORDER Granting 37 Unopposed Motion for an Extension of Time to Answer or Otherwise Respond to the Complaint. Respondents must file their Answer or Response to the Complaint no later than three weeks after the Court rules on Petitioners' preliminary injunction motion (Dkt. 2). Signed by Judge Dana M. Sabraw on 1/10/2020. (aef) (Entered: 01/10/2020)	RECAP
39	Jan. 14, 2020	ORDER Granting 3 Motion for Class Certification. Petitioners are appointed as Class Representatives, and Counsel from the ACLU Foundation of San Diego and Imperial Counties are appointed as counsel for this Class pursuant to Federal Rule of Civil Procedure 23(g). Signed by Judge Dana M. Sabraw on 1/14/2020. (mme) (Entered: 01/14/2020)	RECAP
40	Jan. 14, 2020	ORDER Granting Motion for Classwide Preliminary Injunction. Respondents may not conduct class members non-refoulement interviews without first affording the interviewees access to their retained counsel both before and during any such interview. Signed by Judge Dana M. Sabraw on 1/14/2020.(mme) (Entered: 01/14/2020)	RECAP
41	Jan. 22, 2020	MOTION for Extension of Time to File Answer unopposed by William Barr, Sergio Beltran, Kenneth T. Cuccinelli, Douglas Harrison, Robert Hood, Kevin K. McAleenan, Mark A. Morgan, Ryan Scudder. (Ramkumar, Archith) (tcf). (Entered: 01/22/2020)	RECAP
42	Jan. 22, 2020	ORDER Granting 41 Unopposed Motion for an Extension of Time to Answer or Otherwise Respond to the Complaint. Respondents must file their Answer or Response to the Complaint no later than April 6, 2020. Signed by Judge Dana M. Sabraw on 1/22/2020. (aef) (Entered: 01/22/2020)	RECAP
43	Jan. 24, 2020	NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 12/20/2019 before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/14/2020. Redacted Transcript Deadline set for 2/24/2020. Release of Transcript Restriction set for 4/23/2020. (akr) (Entered: 01/24/2020)	RECAP
44	March 12, 2020	Notice of Appeal to 9th Circuit	RECAP
45	March 13, 2020	USCA Case Number	RECAP
46	March 25, 2020	Extension of Time to File Answer	RECAP
47	March 25, 2020	Order on Motion for Extension of Time to Answer	RECAP
48	June 25, 2020	Extension of Time to File Answer	RECAP
49	June 25, 2020	ORDER Granting 48 Unopposed Motion for Extension of Time of All Pending Deadlines, including the Time to Answer or Otherwise Respond to the Complaint. Respondents must file their Answer or Response to the Complaint no later than September 4, 2020. Signed by Judge Dana M. Sabraw on 06/25/2020. (mme)	RECAP
50	Aug. 7, 2020	Order on Motion to File Documents Under Seal AND Order on Motion for Miscellaneous (Other 1)	RECAP
52	Aug. 11, 2020	Extension of Time to File Answer	RECAP
53	Aug. 12, 2020	Order on Motion for Extension of Time to Answer	RECAP
54	Oct. 7, 2020	Extension of Time to File Answer	RECAP
55	Oct. 8, 2020	ORDER Granting Unopposed 54 Motion for Extension of Time of All Pending Deadlines including the Time to Answer or Otherwise Respond to the Complaint. Respondents must file their Answer or Response to the Complaint no later than January 4, 2021. Signed by Judge Dana M. Sabraw on 10/8/2020. (mme)	RECAP
56	Oct. 21, 2020	Withdraw as Attorney	RECAP
58	Nov. 23, 2020	USCA Order	RECAP
59	Nov. 25, 2020	Notice of Appearance	RECAP
60	Dec. 15, 2020	USCA Order	RECAP
61	Dec. 30, 2020	Extension of Time to File Answer	RECAP
62	Jan. 4, 2021	Order on Motion for Extension of Time to Answer	RECAP
63	March 1, 2021	Extension of Time to File Answer	RECAP
64	March 2, 2021	ORDER Granting 63 Unopposed Motion for Extension of Time of All Pending Deadlines, Including the Time to Answer or Otherwise Response to the Complaint re 63 MOTION for Extension of Time to File Answer Unopposed. Respondents must file their Answer or Response to the Complaint no later than May 4, 2021. Signed by Chief District Judge Dana M. Sabraw on 3/1/2021. (mme)	RECAP
65	May 4, 2021	Extension of Time to File Answer	RECAP
66	May 4, 2021	Order on Motion for Extension of Time to Answer	RECAP
67	May 5, 2021	Notice of Appearance	RECAP
68	May 5, 2021	Withdrawal of Document	RECAP
69	May 11, 2021	ORDER re 56 Withdrawal of Counsel. Attorney Rebecca Grace Church terminated. Signed by Chief District Judge Dana M. Sabraw on 5/10/2021. (mme)	RECAP
70	June 22, 2021	USCA Order	RECAP
71	July 2, 2021	Extension of Time to File Answer	RECAP
72	July 6, 2021	Order on Motion for Extension of Time to Answer	RECAP
73	July 19, 2021	USCA Order	RECAP
74	July 30, 2021	Order	RECAP
75	Aug. 4, 2021	Stay	RECAP
76	Aug. 4, 2021	Order on Motion to Stay	RECAP
77	Sept. 3, 2021	USCA Order	RECAP
	Oct. 4, 2021	Notice of Hearing
79	Oct. 25, 2021	Extension of Time to File Answer	RECAP
	Nov. 5, 2021	Order on Motion for Extension of Time to Answer
82	Nov. 8, 2021	USCA Mandate	RECAP
	Nov. 8, 2021	Appeal Mandate Hearing
83	Dec. 16, 2021	Extension of Time to File Answer	RECAP
84	Dec. 17, 2021	Notice of Change of Address	RECAP
85	Dec. 21, 2021	Order on Motion for Extension of Time to Answer	RECAP
86	Feb. 2, 2022	Notice (Other)	RECAP
87	Feb. 2, 2022	Stay	RECAP
88	Feb. 15, 2022	Notice (Other)	RECAP
89	Feb. 18, 2022	Response in Opposition to Motion	RECAP
90	Feb. 19, 2022	Notice (Other)	RECAP
91	Feb. 25, 2022	Reply to Response to Motion	RECAP
92	Feb. 28, 2022	~Util - Terminate Motion and R&R Deadlines/Hearings AND Order	RECAP
93	March 14, 2022	Order Denying Stay and Finding of Mootness 87 , and Granting Unopposed Motion for 90-Day Extension to Answer. The Court grants the unopposed 90-day extension, giving Defendants until May 3, 2022, to answer or otherwise respond to the complaint. Signed by Chief District Judge Dana M. Sabraw on 3/14/2022. (zda) Modified on 3/15/2022 to update docket text; NEF regenerated (zda).	RECAP
94	May 3, 2022	Extension of Time to File Answer	RECAP
95	May 4, 2022	Order on Motion for Extension of Time to Answer	RECAP
96	July 5, 2022	Extension of Time to File Answer	RECAP
97	July 6, 2022	Order on Motion for Extension of Time to Answer	RECAP
98	July 29, 2022	Extension of Time to File Answer	RECAP
99	Aug. 2, 2022	Order on Motion for Extension of Time to Answer	RECAP

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Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 1.0: Challenges to the Government

Key Dates

Filing Date: Nov. 5, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class consisting of “all individuals who are detained in CBP custody in California awaiting or undergoing non-refoulment interviews pursuant to what the government calls the 'Migrant Protection Protocols' program and who have retained lawyers.” 415 F. Supp. 3d 971.

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal

U.S. Citizenship and Immigration Services

U.S. Customs and Border Protection

U.S. Department of Homeland Security

Defendant Type(s):