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East Bay Sanctuary Covenant v. Trump — U.S. District Court, N.D. Cal.

East Bay Sanctuary Covenant v. Trump — 67 court filings in the archive, mostly from N.D. Cal., filed between November 9, 2018 and May 7, 2026. Among them: 13 declarations, 8 orders and 5 responses or replies.

Case facts

CourtN.D. Cal. (33 filings); U.S. District Court, N.D. Cal. (29 filings)
Filings67 public filings
Filed2018-11-09 – 2026-05-07
Document typesdeclarations (13), orders (8), responses or replies (5), motions (3), transcripts (2), complaint (1)
Original PDFs67 of 67

Case summary

East Bay Sanctuary Covenant, Al Otro Lado, Innovation Law Lab and the Central American Resource Center in Los Angeles filed a complaint for declaratory and injunctive relief on November 9, 2018 in the U.S. District Court for the Northern District of California, No. 18-cv-06810-JST, against the President, the Acting Attorney General, the Secretary of Homeland Security and their departments and agencies. The complaint challenges an interim final rule and a presidential proclamation that together barred asylum for people entering along the southern border other than at a designated port of arrival. The docket on this page continues through the Circumvention of Lawful Pathways Rule of May 2023. On May 7, 2026, on remand from the Ninth Circuit, the district court modified and reaffirmed its prior summary judgment order for the plaintiffs.

Case at a glance

PartiesPlaintiffs: East Bay Sanctuary Covenant; Al Otro Lado; Innovation Law Lab; Central American Resource Center in Los Angeles, described by the court as legal services organizations. Defendants: Donald J. Trump, President; the Acting Attorney General and the Department of Justice; the Executive Office for Immigration Review and its Director; the Secretary of Homeland Security and DHS; U.S. Citizenship and Immigration Services and its Director; U.S. Customs and Border Protection and its Commissioner, sued in their official capacities
Court and docketU.S. District Court for the Northern District of California, No. 18-cv-06810-JST (filings stamped 3:18-cv-06810-JST and 4:18-cv-06810-JST); appeal to and remand from the Ninth Circuit
ProgramNot named in the filings on this page
ClaimsA declaration that the interim final rule and the proclamation violate the Immigration and Nationality Act and the Administrative Procedure Act, and an order enjoining them; later, a challenge to the Circumvention of Lawful Pathways Rule's rebuttable presumption of asylum ineligibility
Disposition or statusSummary judgment was granted to the plaintiffs and the rule vacated; the Ninth Circuit stayed that order and remanded. On May 7, 2026 the district court modified its prior order and reaffirmed it
Status checked2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read

What did the 2018 complaint challenge?

An interim final rule providing that all persons subject to a presidential proclamation concerning the southern border issued under INA § 212(f) or § 215(a)(1) are ineligible for asylum, and the proclamation "Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States", which suspended the entry of all persons entering without inspection at the southern border.

What is the Circumvention of Lawful Pathways Rule?

As the court describes it, a rule promulgated by the Department of Homeland Security and the Department of Justice in May 2023 creating a rebuttable presumption of asylum ineligibility for noncitizens who crossed the southern border between May 11, 2023 and May 11, 2025 after traveling through a country other than their home country.

What did the court decide on remand?

It modified its prior summary judgment order to reflect that Food and Drug Administration v. Alliance for Hippocratic Medicine does not undermine the plaintiffs' Article III standing and that the termination of lawful pathways underscores the rule's unlawfulness, and reaffirmed that order.

Summary written from the documents on this page; every sentence is sourced.

Filings

67 public filings from this case, in filing-date order.

  1. Complaint for Declaratory and Injunctive ReliefComplaint
  2. Declaration of Daniel Sharp (CARECEN)Declaration · PDF
  3. Declaration of Erika PinheiroDeclaration · PDF
  4. Declaration of Adam IsacsonDeclaration · PDF
  5. Agreed Motion of the States for Leave to File Amicus Brief — East Bay Sanctuary v. Trump
  6. Defendants' Opposition to Motion for Temporary Restraining Order — East Bay Sanctuary v. TrumpPDF
  7. Declaration of Rena Cutlip-MasonDeclaration · PDF
  8. Declaration of Leah Jahan Chavla (Women's Refugee Commission) — East Bay Sanctuary v. TrumpDeclaration
  9. Declaration of Brian GriffeyDeclaration
  10. Declaration of Madeleine PenmanDeclaration · PDF
  11. Amicus Curiae Brief of the Immigration Reform Law Institute — East Bay Sanctuary v. Trump
  12. Supplemental Declaration of Adam IsacsonPDF
  13. IRLI Motion for Leave to File Amicus Curiae Brief
  14. Declaration of Leon Rodriguez (Former USCIS Director)Declaration · PDF
  15. Supplemental Declaration of Erika PinheiroPDF
  16. Supplemental Declaration of Stephen W. Manning (Innovation Law…PDF
  17. Amicus Curiae Brief of IRLI
  18. Order Granting Temporary Restraining OrderOrder · PDF
  19. Transcript of TRO Hearing (Nov. 19, 2018)Transcript
  20. Defendants' Emergency Motion to Stay TRO Pending Appeal
  21. Defendants' Notice of AppealPDF
  22. Order Granting in Part Emergency Motion to Shorten TimeOrder
  23. Opposition to Defendants' Motion to Stay TRO Pending Appeal — East Bay Sanctuary v. TrumpResponse or reply
  24. Order Denying Motion for Stay Pending AppealOrder · PDF
  25. Declaration — East Bay Sanctuary v. TrumpDeclaration · PDF
  26. Plaintiffs' Motion for Preliminary InjunctionPDF
  27. Amicus Brief of Immigration Law Professors — East Bay Sanctuary v. Trump (Dkt. 79)PDF
  28. Amicus Brief of Public Citizen, Inc. — East Bay Sanctuary v. Trump (Dkt. 80-1)PDF
  29. Amicus Brief of 12 States and D.C. — East Bay Sanctuary v. Trump (Dkt. 82-1)PDF
  30. Order — East Bay Sanctuary v. TrumpOrder · PDF
  31. MotionMotion · PDF
  32. Opposition BriefResponse or reply · PDF
  33. Reply ISO Motion for Preliminary InjunctionResponse or reply
  34. Opposition to Motion to Strike Extra-Record EvidenceResponse or reply
  35. Reply ISO Motion to Strike Extra-Record EvidenceResponse or reply
  36. Ninth Circuit Order Denying Stay
  37. Ninth Circuit Partial Dissent (Judge Leavy)
  38. Order Granting Preliminary Injunction — East Bay Sanctuary v. TrumpPDF
  39. Transcript of Proceedings (Dec. 19, 2018 Hearing)Transcript
  40. Supreme Court Order Denying StayPDF
  41. Motion to Stay ProceedingsMotion
  42. Order Granting Motion to Stay ProceedingsOrder
  43. Ninth Circuit Published Order (Slip Opinion)
  44. Ninth Circuit Published Superseding Order
  45. Ninth Circuit OpinionPDF
  46. Ninth Circuit Order and Amended OpinionPDF
  47. Order Granting Motion to Continue StayOrder · PDF
  48. Country Conditions Exhibit
  49. Declaration of Edna YangDeclaration
  50. Declaration of Lindsay ToczylowskiDeclaration
  51. Declaration of Noemi CalonjeDeclaration
  52. Amicus Brief (Council 119)
  53. Cross-Motion and Opposition
  54. Supplemental Declaration of Edna Yang
  55. Defendants' Reply ISO Cross-Motion
  56. Defendants' Emergency Motion to Stay Pending Appeal
  57. Ninth Circuit Order Granting Stay
  58. Ninth Circuit Order Placing Appeal in Abeyance
  59. Ninth Circuit Published Order on Abeyance
  60. Ninth Circuit Order Denying States' Intervention
  61. Ninth Circuit Order Denying Belov Intervention
  62. Supreme Court Notice — Certiorari DeniedPDF
  63. Order to Submit Joint Statement Following RemandOrder
  64. Plaintiffs' Brief on Remand
  65. Defendants' Supplemental Opposition Brief on Remand
  66. Plaintiffs' Reply Brief on Remand
  67. Order Reconsidering Standing on RemandOrder

More documents from this docket

10 more documents from the same CourtListener docket (gov.uscourts.cand.334557) are in the archive but are not among the 67 filings above.

  1. Complaint (2018-11-09)Complaint
  2. Agreed Motion to Deem AmicusMemorandum or brief
  3. Amicus Curiae Brief Case No. 3:18-Cv-06810-Jst
  4. Public Citizen Consent Motion for Leave to File Amicus BriefMotion
  5. Brief of Amicus Curiae United Nations High Commissioner for Refugees, No. 3:18-CV-06180Memorandum or brief
  6. Motion of States for Leave to File Brief as Amicus CuriaeMotion
  7. Brief - Response to Court’s Order on Amicus Filings East Bay Sanctuary v. Trump, Case No. 1 (2018-12-07)Response or reply
  8. Complaint (2023-05-11)Memorandum or brief
  9. Complaint (2023-05-18)Complaint
  10. undatedComplaint (2023-06-15)Motion

Court, dates and docket numbers are as recorded on the filings.

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