DAMUS et al v. NIELSEN et al

Filing 33

ORDER GRANTING 17 Motion for Preliminary Injunction and GRANTING 11 Motion for Class Certification on provisional basis for the purposes of preliminary injunction. Signed by Judge James E. Boasberg on 7/2/2018. (lcjeb2)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

ANSLY DAMUS, et al.,
Plaintiffs,
v.

Civil Action No. 18-578 (JEB)

KIRSTJEN NIELSEN, Secretary of the
Department of Homeland Security, et al.,
Defendants.

ORDER
For the reasons set forth in the accompanying Memorandum Opinion, the Court
ORDERS that:
1. Plaintiffs’ Motion for a Preliminary Injunction is GRANTED;
2. Plaintiffs’ Motion for Class Certification, dated March 20, 2018 (ECF No. 11), is
GRANTED on a provisional basis for purposes of this preliminary injunction, and
Plaintiffs’ counsel are appointed as Class Counsel;
3. Defendants are hereby ENJOINED from denying parole to any provisional class
members absent an individualized determination, through the parole process, that such
provisional class member presents a flight risk or a danger to the community;
4. The individualized determinations of flight risk and danger to the community referenced
above shall be based on the specific facts of each provisional class member’s case. Such
determinations, moreover, shall not be based on categorical criteria applicable to all
provisional class members;

5. Defendants shall provide provisional class members with parole determinations that
conform to all of the substantive and procedural requirements of U.S. Immigration and
Customs Enforcement, Directive No. 11002.1, Parole of Arriving Aliens Found to Have a
Credible Fear of Persecution or Torture (Dec. 8, 2009);
6. Within seven days of this Order, the parties will meet and confer to develop a notice that
explains the requirements of this Order and provides class members with contact
information for Class Counsel; and
7. The parties shall appear for a status conference to discuss further proceedings in the case
on July 10, 2018, at 11:30 a.m. in Courtroom 25.
IT IS SO ORDERED.
/s/ James E. Boasberg
JAMES E. BOASBERG
United States District Judge
Date: July 2, 2018