Order (2019-07-17)

What This Document Is

This is plaintiffs' [Proposed] Temporary Restraining Order — the unsigned draft order filed as an exhibit (Doc. 3-8) to their TRO application on the second day of the case, in the companion "transit ban" action to East Bay Sanctuary Covenant v. Trump. It is a party-drafted proposal, not judicial action: the consideration date reads "July __, 2019," the order-to-show-cause hearing date and time are blank lines, and no judge's signature appears.

Factual Summary

The proposed order would find that plaintiffs demonstrated a substantial likelihood of success on their claims that the July 16, 2019 interim final rule violates the Immigration and Nationality Act and the Administrative Procedure Act, that the rule would irreparably harm plaintiffs, that the balance of hardships tips sharply in plaintiffs' favor, and that the public interest is served by a TRO. It would enjoin the full named-defendant chain — Barr/DOJ, McHenry/EOIR, McAleenan/DHS, Cuccinelli/USCIS, Sanders/CBP, Albence/ICE, and all persons acting under their direction — from implementing or enforcing the interim final rule pending a preliminary-injunction hearing, and would order defendants to show cause why a preliminary injunction should not issue, with hearing date and time left blank for the court.

Key Facts

Filed 2019-07-17, one day after the challenged interim final rule issued; Doc. 3-8, an exhibit to the TRO application (Doc. 3).
Target: the July 16, 2019 interim final rule (the "transit ban," Asylum Eligibility and Procedural Modifications), challenged under the INA and APA.
Unsigned and undated as filed — blanks at the consideration date, hearing date, and signature; the operative ruling would be a separately docketed, judge-signed order.
Caption names four organizational plaintiffs and the Attorney General plus five agencies and their (mostly acting) heads.
Counsel block mirrors the v. Trump roster (ACLU-IRP, SPLC, CCR, ACLU-NorCal), with several attorneys marked pro hac vice forthcoming.

Source Caveats

The filing's caption reads No. 3:19-cv-04073 while its ECF stamp reads 4:19-cv-04073-JST — an in-source docket-number variation.
As a [Proposed] order, the document is unsigned and undated on its face; the operative ruling would be a separately docketed, judge-signed order.

Date: 2019-07-17

Full text

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Lee Gelernt*
Omar C. Jadwat*
Anand Balakrishnan*
ACLU FOUNDATION
IMMIGRANTS’ RIGHTS PROJECT
125 Broad Street, 18th Floor
New York, NY 10004
T: (212) 549-2660
F: (212) 549-2654
lgelernt@aclu.org
ojadwat@aclu.org
abalakrishnan@aclu.org
Attorneys for Plaintiffs
(Additional counsel listed on following page)
Katrina Eiland (SBN 275701)
Cody Wofsy (SBN 294179)
Spencer Amdur (SBN 320069)
Julie Veroff (SBN 310161)
ACLU FOUNDATION
IMMIGRANTS’ RIGHTS PROJECT
39 Drumm Street
San Francisco, CA 94111
T: (415) 343-0770
F: (415) 395-0950
keiland@aclu.org
cwofsy@aclu.org
samdur@aclu.org
jveroff@aclu.org

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

East Bay Sanctuary Covenant; Al Otro Lado;
Innovation Law Lab; and Central American
Resource Center in Los Angeles,

Plaintiffs,

v.

William Barr, Attorney General, in his official
capacity; U.S. Department of Justice; James
McHenry, Director of the Executive Office for
Immigration Review, in his official capacity; the
Executive Office for Immigration Review; Kevin
McAleenan, Acting Secretary of Homeland
Security, in his official capacity; U.S. Department
of Homeland Security; Ken Cuccinelli, Acting
Director of the U.S. Citizenship and Immigration
Services, in his official capacity; U.S. Citizenship
and Immigration Services; John Sanders,
Commissioner of U.S. Customs and Border
Protection, in his official capacity; U.S. Customs
and Border Protection; Matthew Albence, Acting
Director of Immigration and Customs
Enforcement, in his official capacity; Immigration
and Customs Enforcement,

Defendants.

Case No.: 3:19-cv-04073

[PROPOSED] TEMPORARY
RESTRAINING ORDER

Case 4:19-cv-04073-JST   Document 3-8   Filed 07/17/19   Page 1 of 4

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Melissa Crow*
SOUTHERN POVERTY LAW CENTER
1101 17th Street, NW Suite 705
Washington, D.C. 20036
T: (202) 355-4471
F: (404) 221-5857
melissa.crow@splcenter.org

Mary Bauer*
SOUTHERN POVERTY LAW CENTER
1000 Preston Avenue
Charlottesville, VA  22903
T:  (470) 606-9307
F:  (404) 221-5857
mary.bauer@splcenter.org

Attorneys for Plaintiffs

*Pro hac vice application forthcoming
**Application for admission pending

Baher Azmy*
Angelo Guisado*
Ghita Schwarz*
CENTER FOR CONSTITUTIONAL RIGHTS
666 Broadway, 7th Floor
New York, NY 10012
T: (212) 614-6464
F: (212) 614-6499
bazmy@ccrjustice.org
aguisado@ccrjustice.org
gschwarz@ccrjustice.org

Christine P. Sun (SBN 218701)
Vasudha Talla (SBN 316219)
Angélica Salceda**
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF NORTHERN
CALIFORNIA, INC.
39 Drumm Street
San Francisco, CA 94111
T: (415) 621-2493
F: (415) 255-8437
csun@aclunc.org
vtalla@aclunc.org
asalceda@aclunc.org

Case 4:19-cv-04073-JST   Document 3-8   Filed 07/17/19   Page 2 of 4

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[PROPOSED] TEMPORARY RESTRAINING ORDER
Case No.: 3:19-cv-04073

Plaintiffs’ application for a Temporary Restraining Order came before this Court for
consideration on July __, 2019.  Upon consideration of the application, and for good cause shown,
IT IS HEREBY ORDERED as follows:
Temporary Restraining Order

The Court finds that Plaintiffs have demonstrated a substantial likelihood of success on the
merits of their claims that Defendants’ Interim Final Rule of July 16, 2019 violates (1) the
Immigration and Nationality Act, and (2) the Administrative Procedure Act.  The Court further finds
that, absent the requested relief, the Interim Final Rule will cause irreparable harm to Plaintiffs.  The
balance of hardships tips sharply in Plaintiffs’ favor, and the public interest will be served by a
Temporary Restraining Order.

Accordingly, IT IS HEREBY ORDERED that, pending a hearing on whether a preliminary
injunction should issue, William Barr, Attorney General, in his official capacity; U.S. Department of
Justice; James McHenry, Director of the Executive Office for Immigration Review, in his official
capacity; the Executive Office for Immigration Review; Kevin K. McAleenan, Acting Secretary of
Homeland Security, in his official capacity; U.S. Department of Homeland Security; Kenneth T.
Cuccinelli, Acting Director of the U.S. Citizenship and Immigration Services, in his official
capacity; U.S. Citizenship and Immigration Services; John P. Sanders, Commissioner of U.S.
Customs and Border Protection, in his official capacity; U.S. Customs and Border Protection;
Matthew T. Albence, Acting Director of Immigration and Customs Enforcement, in his official
capacity; Immigration and Customs Enforcement; and all persons acting under their direction, are
enjoined from implementing or enforcing the Interim Final Rule.
Order to Show Cause

Defendants are ordered to show cause before this Court why a preliminary injunction should
not issue enjoining Defendants and their agents from implementing or enforcing the Interim Final
Rule.  The hearing on the order to show cause will be held on _________________ at
Case 4:19-cv-04073-JST   Document 3-8   Filed 07/17/19   Page 3 of 4

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[PROPOSED] TEMPORARY RESTRAINING ORDER
Case No.: 3:19-cv-04073

____________________.
Plaintiffs’ moving papers shall be filed and served on or before ________________________.
Defendants’ opposition papers shall be filed and served on or before _______________________.
Plaintiffs’ reply papers shall be filed and served on or before ________________________.
Issued this ____ day of ________________________, 2019.

________________________

United States District Judge

Case 4:19-cv-04073-JST   Document 3-8   Filed 07/17/19   Page 4 of 4

File and source

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Our copy: gov.uscourts.cand.344869.3.8.pdf
Original: archive.org