Consent Motion to — Continue Case Management — Conference: June 28, 2022 — East Bay Sanctuary Covenant, No. 4:19-cv-04073-JST (Document 154)

What This Document Is

Pages 1-2 are defendants' consent motion; the certificate of service is a routine page-3 appendix. This is defendants' unopposed motion, filed two days after the parties' joint case management statement (Doc. 153), asking the court to continue the June 28, 2022 case management conference in the consolidated entry-rule and transit-rule cases.

Factual Summary

Defendants, with plaintiffs' consent, asked the court to continue the case management conference then scheduled for June 28, 2022 at 2:00 p.m. to a date not during the week of June 27, 2022, because undersigned defense counsel had previously scheduled leave that week. The motion explains the cases challenge two rules — the 2018 "entry" bar rule (83 Fed. Reg. 55,934) and the 2020 "transit" rule (85 Fed. Reg. 82,260) — both preliminarily enjoined and, per the parties' joint case management statement, under DHS/DOJ review for modification or rescission; the parties therefore asked the court to continue holding the cases in abeyance pending that review, continue the conference, and order 60-day recurring status reports. Defendants stated they could alternatively appear on June 28 if the court preferred, but would be represented by new counsel unfamiliar with the case history, and apologized for any inconvenience. Filed by Erez Reuveni under Principal Deputy Assistant Attorney General Brian M. Boynton and OIL Director William C. Peachey.

Key Facts

Filed 2022-06-23, two days after the joint case management statement (Doc. 153).
Requests continuance of the June 28, 2022, 2:00 p.m. case management conference to a date outside the week of June 27, 2022, due to defense counsel's prescheduled leave.
Plaintiffs consented to the motion.
Explains both underlying rules (2018 entry-bar rule, 2020 transit rule) remain enjoined and under agency review for rescission/modification.
Requests continued abeyance and 60-day recurring status reports (the court's June 24, 2022 order at Doc. 155 ultimately set a 90-day cycle).
Dual-captioned across both consolidated case numbers, 4:18-cv-06810-JST and 4:19-cv-04073-JST.

Source Caveats

The docket-number typo "4:119-cv-04073-JST" appears in the source's running footer on every page; reproduced nowhere in this summary but noted as an in-source artifact.

Date: 2022-06-28

Cite this document

“Consent Motion to — Continue Case Management — Conference: June 28, 2022 — East Bay Sanctuary Covenant, No. 4:19-cv-04073-JST (Document 154).” Original at archive.org, dated 2022-06-28. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-06-28-east-bay-v-trump-case-no-4-d6261d01-1/, SHA-256 d6261d01936b8ddd923552f54178fd478ac515c6e9283e145e2e1f9aa4aa4805.

Full text

Case 4:19-cv-04073-JST Document 154 Filed 06/23/22 Page 1 of 3

BRIAN M. BOYNTON
1
Principal Deputy Assistant Attorney General
2 WILLIAM C. PEACHEY
Director
3 EREZ REUVENI
Assistant Director
4
Office of Immigration Litigation
5 U.S. Department of Justice, Civil Division
P.O. Box 868, Ben Franklin Station
6 Washington, DC 20044
Tel: (202) 307-4293
7
Email: Erez.R.Reuveni@usdoj.gov
8
9 UNITED STATES DISTRICT COURT
10 FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
11
12 No. 4:18-cv-06810-JST
East Bay Sanctuary Covenant, et al.,
13
CONSENT MOTION TO
14 Plaintiffs, CONTINUE CASE MANAGEMENT
CONFERENCE
15 v.
Conference: June 28, 2022
16 Donald J Trump, et al., Time: 2:00 PM
Judge: Hon. Jon S. Tigar
17 Defendants.
18
19
20 No. 4:19-cv-04073-JST
East Bay Sanctuary Covenant, et al.,
21 CONSENT MOTION TO
Plaintiffs, CONTINUE CASE MANAGEMENT
22 CONFERENCE
v.
23
Conference: June 28, 2022
24 William Barr, et al., Time: 2:00 PM
Judge: Hon. Jon S. Tigar
25 Defendants.
26
27
28

CONSENT MOTION TO CONTINUE
CASE MANAGEMENT C ONFERENCE
East Bay v. Trump, Case No. 4:18-cv-06810-JST,
East Bay v. Barr, No. 4:119-cv-04073-JST
Case 4:19-cv-04073-JST Document 154 Filed 06/23/22 Page 2 of 3

1 Defendants, by and through undersigned counsel, respectfully request that the Court
2 continue the case management conference presently scheduled for June 28, 2022 at 2:00 p.m. to
3 a future date convenient to the Court not during the week of June 27, 2022. Plaintiffs consent to
4 this motion. In support of this motion, Defendants state as follows:
5 1. These cases challenge two rules, an interim final rule, “Aliens Subject to a Bar on
6 Entry Under Certain Presidential Proclamations; Procedures for Protection Claims,” 83 Fed. Reg.
7 55,934 (November 9, 2018) (“entry” rule), and the final rule titled “Asylum Eligibility and
8 Procedural Modifications,” 85 Fed. Reg. 82,260 (December 17, 2020) (“transit” rule).
9 2. As explained in the parties’ joint case management statement, the two rules are
10 presently enjoined, and are being are being modified or rescinded. The parties therefore believe
11 that the Court should continue to hold these cases in abeyance pending the conclusion of the
12 Departments’ review of the rules, continue the case management conference, and order the parties
13 to submit 60-day recurring status reports. See Case Management Statement at 1-2.
14 3. However, should the Court wish to proceed with litigation in these two cases, and
15 wishes to proceed with the case management conference, undersigned Defenda nts’ counsel is
16 presently scheduled to take previously unscheduled leave the week of June 27, 2022, and so will
17 not be able to attend the case management conference.
18 4. Undersigned counsel can be available at the Court’s convenience beginning July
19 5, 2022.
20 5. Defendants nevertheless can be present at the June 28, 2022 conference if that is
21 the only date the Court’s wishes to hold the conference, but will be represented by new counsel
22 that will need to acquaint themselves with the history and issues presen ted in these cases.
23 Defendants regret and apologize for any inconvenience this may cause the Court or the parties.
24 Accordingly, Defendants respectfully request that should the Court not continue to hold
25 these cases in abeyance, the Court continue the case management conference to a future date.
26 //
27 //
28

CONSENT MOTION TO CONTINUE
CASE MANAGEMENT C ONFERENCE 1
East Bay v. Trump, Case No. 4:18-cv-06810-JST,
East Bay v. Barr, No. 4:119-cv-04073-JST
Case 4:19-cv-04073-JST Document 154 Filed 06/23/22 Page 3 of 3

Respectfully submitted,
1
2 BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
3
WILLIAM C. PEACHEY
4
Director
5
By: /s/ Erez Reuveni
6 EREZ REUVENI
Assistant Director
7
Office of Immigration Litigation
8 U.S. Department of Justice, Civil Division
P.O. Box 868, Ben Franklin Station
9 Washington, DC 20044
10 Tel: (202) 307-4293
Email: Erez.R.Reuveni@usdoj.gov
11
Dated: June 23, 2022 Attorneys for Defendants
12
13
14
15
16
CERTIFICATE OF SERVICE
17
I hereby certify that on June 23, 2022, I electronically filed the foregoing document with
18
the Clerk of the Court for the United States Court of for the Northern District of California by
19
using the CM/ECF system. Counsel in the case are registered CM/ECF users and service will be
20
accomplished by the CM/ECF system.
21
22 By: /s/ Erez Reuveni
23 EREZ REUVENI
Assistant Director
24 United States Department of Justice
Civil Division
25
26
27
28

CONSENT MOTION TO CONTINUE
CASE MANAGEMENT C ONFERENCE 2
East Bay v. Trump, Case No. 4:18-cv-06810-JST,
East Bay v. Barr, No. 4:119-cv-04073-JST

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Our copy: gov.uscourts.cand.344869.154.0.pdf
Original: archive.org