Ms. L. v. U.S. Immigration and Customs Enforcement et al

Filing 1

PETITION for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief against Greg Archambeault, Alex Azar, L. Francis Cissna, Fred Figueroa, Pete Flores, Joseph Greene, Thomas Homan, Scott Lloyd, Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement ( Filing fee $ 400 receipt number 0974-10950244.), filed by Ms. L. (Attachments: #1 Civil Cover Sheet)The new case number is 3:18-cv-428-DMS-MDD. Judge Dana M. Sabraw and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Vakili, Bardis)(tcf)(jrd)

Ms. L.

U.S. Immigration and Customs Enforcement, et al. (See attached for
full list)

'18CV0428 DMS MDD
(See attachment)

(see attachment)
(see attachment)

N/A
02/26/2018

/s/ Bardis Vakili

Civil Cover Sheet Attachment
I. (a) Defendants/Respondents
U.S. Immigration and Customs Enforcement (“ICE”); U.S. Department of
Homeland Security (“DHS”); U.S. Customs and Border Protection (“CBP”); U.S.
Citizenship and Immigration Services (“USCIS”); U.S. Department of Health and
Human Services (“HHS”); Office of Refugee Resettlement (“ORR”); Thomas
Homan, Acting Director of ICE; Greg Archambeault, San Diego Field Office
Director, ICE; Joseph Greene, San Diego Assistant Field Office Director, ICE,
Otay Detention Facility; Kirstjen Nielsen, Secretary of DHS; Jefferson Beauregard
Sessions III, Attorney General of the United States; Kevin K. McAleenan, Acting
Commissioner of CBP; L. Francis Cissna, Director of USCIS; Pete Flores, San
Diego Field Director, CBP; Fred Figueroa, Warden, Otay Mesa Detention Center;
Alex Azar, Secretary of the Department of Health and Human Services; Scott
Lloyd, Director of the Office of Refugee Resettlement.
I. (c) Attorneys for Plaintiff/Petitioner
Bardis Vakili (SBN 247783)
ACLU FOUNDATION OF SAN
DIEGO &
IMPERIAL COUNTIES
P.O. Box 87131
San Diego, CA 92138-7131
T: [phone]
F: [phone]
[e-mail]
Spencer E. Amdur* (SBN 320069)
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
IMMIGRANTS’ RIGHTS PROJECT
39 Drumm Street
San Francisco, CA 94111
T: [phone]
F: [phone]
[e-mail]

Lee Gelernt*
Judy Rabinovitz*
Anand Balakrishnan*
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
IMMIGRANTS’ RIGHTS PROJECT
125 Broad St., 18th Floor
New York, NY 10004
T: [phone]
F: [phone]
[e-mail]
[e-mail]
[e-mail]

*Application for admission pro hac vice forthcoming

VI. Causes of Action
Count One: Violation of the Due Process Clause of the Fifth Amendment to the
United States Constitution.
Count Two: Violation of the Asylum Statute, 8 U.S.C. § 1158.
Count Three: Violation of the Administrative Procedure Act (Arbitrary and
Capricious). 5 U.S.C. §§ 701-706.
Count Four: Violation of the Administrative Procedure Act (Failure to Follow and
Unlawful Rescission of the ICE Parole Directive). 5 U.S.C. §§ 701-706.