Northwest Immigrant Rights Project et al v. United States Citizenship and Immigration Services et al

Filing 184

ORDER ON PLAINTIFFS' MOTION FOR CIVIL CONTEMPT: The court DENIES without prejudice Plaintiffs' motion for civil contempt (Dkt. # 171). The court ORDERS Defendants to file monthly status reports for the months of May, June, July, and Augu st 2021, regarding Defendants' rate of compliance with the 30-day timeline to adjudicate class members' EAD applications. The court DIRECTS the parties to continue conferring regarding USCIS's processes for accepting, receipting, an d dispute resolution. The court DIRECTS the parties to file a joint status report within ten (10) days of the district court's issuance of its order on the pending motion for permanent injunction in CASA de Maryland, Inc. v. Mayorkas, No. 8:20-cv-02118-PX (D. Md.). Signed by Judge James L. Robart. (LH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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WILMAN GONZALEZ ROSARIO,
et al.,

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v.

Defendants.

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ORDER ON PLAINTIFFS’
MOTION FOR CIVIL
CONTEMPT

UNITED STATES CITIZENSHIP
AND IMMIGRATION SERVICES,
et al.,

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Plaintiffs,

CASE NO. C15-0813JLR

Before the court is Plaintiffs’ motion for civil contempt and to enforce the
permanent injunction issued by this court on July 26, 2018. (Mot. (Dkt. # 171); 7/26/18
Order (Dkt. # 127); see also Reply (Dkt. # 180).) In that order, the court found that
Defendants were in violation of a regulatory deadline requiring Defendant United States
Citizenship and Immigration Services (“USCIS”) to adjudicate asylum-seekers’
applications for employment authorization documents (“EADs”) within 30 days of

ORDER - 1

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receipt and enjoined Defendants from further failing to adhere to that deadline. (7/26/18

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Order at 12.) Defendants oppose Plaintiffs’ motion for contempt. (Resp. (Dkt. # 179).)

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The parties filed a supplemental joint submission on May 26, 2021, regarding the status

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of Defendants’ efforts to comply with the court’s injunction. (See J. Sub. (Dkt. # 182);

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5/18/21 Min. Order (Dkt. # 181).) The court heard telephonic oral argument on May 28,

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2021. (See 5/28/21 Min. Entry (Dkt. # 183).)

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The court has considered the motion, all submissions filed in support of and in

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opposition to the motion, the relevant portions of the record, the parties’ arguments, and

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the applicable law. Being fully advised, the court ORDERS as follows:

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1.

The court DENIES without prejudice Plaintiffs’ motion for civil contempt

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(Dkt. # 171). Plaintiffs may renew their motion if Defendants do not reach substantial

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compliance with the court’s permanent injunction within 120 days of the filing date of

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this order;

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2.

The court ORDERS Defendants to file monthly status reports for the

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months of May, June, July, and August 2021, regarding Defendants’ rate of compliance

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with the 30-day timeline to adjudicate class members’ EAD applications. These status

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reports shall be filed no later than five (5) days after the end of each month;

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3.

The court DIRECTS the parties to continue conferring regarding USCIS’s

processes for accepting, receipting, and dispute resolution; and
4.

The court DIRECTS the parties to file a joint status report within ten (10)

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days of the district court’s issuance of its order on the pending motion for permanent

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injunction in CASA de Maryland, Inc. v. Mayorkas, No. 8:20-cv-02118-PX (D. Md.).
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This joint status report shall address the impact, if any, of the CASA de Maryland court’s

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order on the proceedings in this court.

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Dated this 28th day of May, 2021.

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A

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JAMES L. ROBART
United States District Judge

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