Consent Motion to Continue — East Bay Sanctuary Covenant, et al. v. Donald J. Trump, et al.

What This Document Is

This is the defendants' Consent Motion to Continue the Case Management Conference set for June 28, 2022 before Judge Jon S. Tigar — dual-captioned in both related East Bay Sanctuary Covenant cases (No. 4:18-cv-06810-JST, the November 2018 "entry" rule challenge, and No. 4:19-cv-04073-JST, the "transit" rule challenge). Plaintiffs consent.

Factual Summary

Defendants ask the court to continue the case management conference set for June 28, 2022 at 2:00 p.m. before Judge Jon S. Tigar to a future date not during the week of June 27, 2022, and state that plaintiffs consent. The motion recites that the two challenged rules, the November 2018 entry rule and the transit rule, are presently enjoined and being modified or rescinded, and that the parties' joint case management statement asks the court to keep both cases in abeyance pending the agencies' review, continue the conference, and order 60-day recurring status reports. The immediate ground is that defense counsel Erez Reuveni is on previously unscheduled leave the week of June 27 and available again from July 5, 2022; defendants offer to appear June 28 through substitute counsel unfamiliar with the case history if the court requires it.

Key Facts

Filed 2022-06-23; signed /s/ Erez Reuveni (Assistant Director, DOJ Office of Immigration Litigation) under a Brian M. Boynton (Principal Deputy Assistant Attorney General)/William C. Peachey block; certificate of service same date, same signer.
Case-status recitals: the two challenged rules — the interim final "entry" rule, 83 Fed. Reg. 55,934 (Nov. 9, 2018), and the final "transit" rule, "Asylum Eligibility and Procedural Modifications," 85 Fed. Reg. 82,260 (cited in the motion as December 17, 2020) — "are presently enjoined, and are being modified or rescinded" by the agencies.
Parties' preferred course per their joint case management statement: keep both cases in abeyance pending the agencies' review, continue the conference, and order 60-day recurring status reports.
Immediate ground: Reuveni is on previously unscheduled leave the week of June 27, 2022, available again July 5; defendants offer to appear June 28 through substitute counsel unfamiliar with the case history if the court insists.

Date: 2022-06-28

Full text

CONSENT MOTION TO CONTINUE
CASE MANAGEMENT CONFERENCE
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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BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
WILLIAM C. PEACHEY
Director
EREZ REUVENI
Assistant Director
Office of Immigration Litigation
U.S. Department of Justice, Civil Division
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Tel: (202) 307-4293
Email: Erez.R.Reuveni@usdoj.gov

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

East Bay Sanctuary Covenant, et al.,
Plaintiffs,
v.
Donald J Trump, et al.,

Defendants.

No. 4:18-cv-06810-JST

CONSENT MOTION TO
CONTINUE CASE MANAGEMENT
CONFERENCE

Conference: June 28, 2022
Time: 2:00 PM
Judge: Hon. Jon S. Tigar

East Bay Sanctuary Covenant, et al.,
Plaintiffs,
v.
William Barr, et al.,

Defendants.

No. 4:19-cv-04073-JST

CONSENT MOTION TO
CONTINUE CASE MANAGEMENT
CONFERENCE

Conference: June 28, 2022
Time: 2:00 PM
Judge: Hon. Jon S. Tigar

Case 4:18-cv-06810-JST Document 141 Filed 06/23/22 Page 1 of 3

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

Case 4:18-cv-06810-JST Document 141 Filed 06/23/22 Page 2 of 3

CONSENT MOTION TO CONTINUE
CASE MANAGEMENT CONFERENCE
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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Respectfully submitted,

BRIAN M. BOYNTON

Principal Deputy Assistant Attorney General

WILLIAM C. PEACHEY
Director

By: /s/ Erez Reuveni
EREZ REUVENI
Assistant Director
Office of Immigration Litigation
U.S. Department of Justice, Civil Division
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Tel: (202) 307-4293
Email: Erez.R.Reuveni@usdoj.gov

Dated: June 23, 2022

Attorneys for Defendants

CERTIFICATE OF SERVICE

I hereby certify that on June 23, 2022, I electronically filed the foregoing document with
the Clerk of the Court for the United States Court of for the Northern District of California by
using the CM/ECF system. Counsel in the case are registered CM/ECF users and service will be
accomplished by the CM/ECF system.

By: /s/ Erez Reuveni

EREZ REUVENI

Assistant Director

United States Department of Justice

Civil Division

Case 4:18-cv-06810-JST Document 141 Filed 06/23/22 Page 3 of 3

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