Padilla et al v. US Immigration and Customs Enforcement et al

Filing 113

ORDER re: parties' 111 Stipulated Motion Regarding Briefing Schedule for Defendants' Forthcoming Motion to Vacate. April 26, 2019: Deadline for Defendants' Motion to Vacate; May 10, 2019: Deadline for Plaintiffs' Opposition to Defendants' Motion to Vacate; May 15, 2019: Deadline for Defendants' reply in support of their Motion to Vacate. Compliance with the Preliminary Injunction 110 entered on April 5, 2019, is hereby STAYED until May 31, 2019. Signed by Judge Marsha J. Pechman. (PM)

Case 2:18-cv-00928-MJP Document 113 Filed 04/23/19 Page 1 of 5

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The Honorable Marsha J. Pechman
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
YOLANY PADILLA, IBIS GUZMAN, BLANCA
ORANTES, BALTAZAR VASQUEZ,
Plaintiffs-Petitioners,
v.
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”); EXECUTIVE
OFFICE FOR IMMIGRATION REVIEW (“EOIR”);
THOMAS HOMAN, Acting Director of ICE; KIRSTJEN
NIELSEN, Secretary of DHS; KEVIN K. McALEENAN,
Acting Commissioner of CBP; L. FRANCIS CISSNA,
Director of USCIS; MARC J. MOORE, Seattle Field Office
Director, ICE, WILLIAM P. BARR, United States Attorney
General; LOWELL CLARK, warden of the Northwest
Detention Center in Tacoma, Washington; CHARLES
INGRAM, warden of the Federal Detention Center in
SeaTac, Washington; DAVID SHINN, warden of the Federal
Correctional Institute in Victorville, California; JAMES
JANECKA, warden of the Adelanto Detention Facility;

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No. 2:18-cv-928 MJP

JOINT STIPULATION
AND ORDER
REGARDING BRIEFING
SCHEDULE FOR
DEFENDANTS’
FORTHCOMING
MOTION TO VACATE

NOTE ON MOTION
CALENDAR: APRIL 22, 2018.

Defendants-Respondents.

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Pursuant to Local Civil Rules 7(d)(1) and 10(g), Plaintiffs and Defendants hereby stipulate
and jointly move the Court for an Order setting forth the below briefing schedule for Defendants’
forthcoming motion to vacate the preliminary injunction, and also jointly move the Court for an
Order staying the enforcement of the preliminary injunction until May 31, 2019.
Defendants will be moving to vacate this Court’s April 5, 2019, preliminary injunction in
light of the Attorney General’s decision in Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019), which
overruled Matter of X-K-, 23 I&N Dec. 731 (BIA 2005). In order to resolve the impact of this

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JOINT STIPULATION AND
[PROPOSED] ORDER
REGARDING BRIEFING
SCHEDULE FOR
DEFENDANTS’
FORTHCOMING MOTION TO
VACATE
CASE NO. 2:18-cv-928 MJP

U.S. Department of Justice, Civil Division
Office of Immigration Litigation, District Court Section
PO Box 868, Ben Franklin Station
Washington, DC 20044
Telephone [phone]

Case 2:18-cv-00928-MJP Document 113 Filed 04/23/19 Page 2 of 5

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decision on the preliminary injunction as expeditiously as possible, the parties have met and

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conferred and agreed upon the following briefing schedule.

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April 26, 2019: Deadline for Defendants’ Motion to Vacate

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May 10, 2019: Deadline for Plaintiffs’ Opposition to Defendants’ Motion to Vacate

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May 15, 2019: Deadline for Defendants’ reply in support of their Motion to Vacate

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Given the complex issues that the parties anticipate briefing, the parties also stipulate to a

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page limit of 24 pages for Defendants’ Motion and Plaintiffs’ Opposition, and 12 pages for

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Defendants’ reply.

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The parties also stipulate to a stay of the enforcement of the preliminary injunction until

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May 31, 2019, in order to resolve the impact of Matter of M-S- before the injunction goes into

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effect. To that effect, the parties respectfully request that this Court rule on the Motion to Vacate

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on or by May 31, 2019.1

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Defendants reserve the right to move for an emergency stay if the Court has not ruled on the
Motion to Vacate.
JOINT STIPULATION AND
[PROPOSED] ORDER
REGARDING BRIEFING
SCHEDULE FOR
DEFENDANTS’
FORTHCOMING MOTION TO
VACATE
CASE NO. 2:18-cv-928 MJP

U.S. Department of Justice, Civil Division
Office of Immigration Litigation, District Court Section
PO Box 868, Ben Franklin Station
Washington, DC 20044
Telephone [phone]

Case 2:18-cv-00928-MJP Document 113 Filed 04/23/19 Page 3 of 5

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RESPECTFULLY SUBMITTED this April 19, 2019.
s/ Matt Adams
Matt Adams, WSBA No. 28287
Email: [e-mail]

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Leila Kang, WSBA No. 48048
Email: [e-mail]
Aaron Korthuis, WSBA No. 53974
Email: [e-mail]

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NORTHWEST IMMIGRANT
RIGHTS PROJECT
615 Second Avenue, Suite 400
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs-Petitioners
JOSEPH. H. HUNT
Assistant Attorney General
Civil Division
WILLIAM C. PEACHEY
Director, District Court Section
Office of Immigration Litigation

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EREZ REUVENI
Assistant Director, District Court Section

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Trina Realmuto*
Kristin Macleod-Ball*
AMERICAN IMMIGRATION COUNCIL
1318 Beacon Street, Suite 18
Brookline, MA 02446
[phone]
[e-mail]
[e-mail]
*Admitted pro hac vice
Attorneys for Plaintiffs-Petitioners

/s/ Lauren C. Bingham
LAUREN C. BINGHAM, Fl. Bar #105745
Trial Attorney, District Court Section
Office of Immigration Litigation
Civil Division
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
[phone]; [phone] (fax)
[e-mail]
Attorneys for Defendants-Respondents

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JOINT STIPULATION AND
[PROPOSED] ORDER
REGARDING BRIEFING
SCHEDULE FOR
DEFENDANTS’
FORTHCOMING MOTION TO
VACATE
CASE NO. 2:18-cv-928 MJP

U.S. Department of Justice, Civil Division
Office of Immigration Litigation, District Court Section
PO Box 868, Ben Franklin Station
Washington, DC 20044
Telephone [phone]

Case 2:18-cv-00928-MJP Document 113 Filed 04/23/19 Page 4 of 5

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ORDER
Based on the foregoing stipulation of the parties, IT IS SO ORDERED. The following
deadlines govern Defendants’ forthcoming Motion to Vacate:

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April 26, 2019: Deadline for Defendants’ Motion to Vacate

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May 10, 2019: Deadline for Plaintiffs’ Opposition to Defendants’ Motion to Vacate

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May 15, 2019: Deadline for Defendants’ reply in support of their Motion to Vacate

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Compliance with the Preliminary Injunction entered on April 5, 2019, is hereby STAYED

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until May 31, 2019.

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DATED this

23rd

day of ____April_____________, 2019.

A

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Marsha J. Pechman
United States Senior District Judge

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JOINT STIPULATION AND
[PROPOSED] ORDER
REGARDING BRIEFING
SCHEDULE FOR
DEFENDANTS’
FORTHCOMING MOTION TO
VACATE
CASE NO. 2:18-cv-928 MJP

U.S. Department of Justice, Civil Division
Office of Immigration Litigation, District Court Section
PO Box 868, Ben Franklin Station
Washington, DC 20044
Telephone [phone]

Case 2:18-cv-00928-MJP Document 113 Filed 04/23/19 Page 5 of 5

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CERTIFICATE OF SERVICE
I hereby certify that on April 23, 2019, I had the foregoing electronically filed with the
Clerk of the Court using the CM/ECF system, which will send notification of such filing to those
attorneys of record registered on the CM/ECF system. All other parties (if any) shall be served in

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accordance with the Federal Rules of Civil Procedure.

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/s/ Lauren C. Bingham
LAUREN C. BINGHAM, Fl. Bar #105745
Trial Attorney, District Court Section
Office of Immigration Litigation
Civil Division
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
[phone]; [phone] (fax)
[e-mail]

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Attorney for Defendants

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JOINT STIPULATION AND
[PROPOSED] ORDER
REGARDING BRIEFING
SCHEDULE FOR
DEFENDANTS’
FORTHCOMING MOTION TO
VACATE
CASE NO. 2:18-cv-928 MJP

U.S. Department of Justice, Civil Division
Office of Immigration Litigation, District Court Section
PO Box 868, Ben Franklin Station
Washington, DC 20044
Telephone [phone]