Padilla v. US Immigration and Customs Enforcement

Opinion

1 The Honorable Marsha J. Pechman

WESTERN DISTRICT OF WASHINGTON

ORANTES, BALTAZAR VASQUEZ, No. 2:18-cv-928 MJP 5 Plaintiffs-Petitioners, 6 v. JOINT STATUS REPORT 7 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT AND ORDER STAYING (“ICE”); U.S. DEPARTMENT OF HOMELAND CASE 8 SECURITY (“DHS”); U.S. CUSTOMS AND BORDER PROTECTION (“CBP”); U.S. CITIZENSHIP AND 9 IMMIGRATION SERVICES (“USCIS”); EXECUTIVE NOTE ON MOTION 10 OFFICE FOR IMMIGRATION REVIEW (“EOIR”); CALENDAR: SEPTEMBER 10, MATTHEW ALBENCE, Acting Director of ICE; KEVIN 2020. 11 MCALEENAN, Acting Secretary of DHS; MARK MORGAN, Acting Commissioner of CBP; KEN 12 CUCCINELLI, Acting Director of USCIS; MARC J. MOORE, Seattle Field Office Director, ICE, WILLAIM 13 BARR, United States Attorney General; LOWELL CLARK, 14 warden of the Northwest Detention Center in Tacoma, Washington; CHARLES INGRAM, warden of the Federal 15 Detention Center in SeaTac, Washington; DAVID SHINN, warden of the Federal Correctional Institute in Victorville, 16 California; JAMES JANECKA, warden of the Adelanto Detention Facility; 17

18 Defendants-Respondents.

19 On September 8, 2020, the Court emailed counsel in this case and requested that counsel 20 confer and file a status report on the following questions: 21 1. The status of the appeal in the Ninth Circuit. 22 2. The likelihood of the case being ready for trial on October 19. 23 3. Any other matters the parties feel would be helpful for the Court in deciding how to proceed 24 from this point. 25 26 JOINT STIPULATION AND ORDER STAYING CASE - 1 1 The parties have conferred and agree on the following: 2 1. On August 24, the Government filed a petition for a writ of certiorari of the Ninth 3 Circuit’s decision, which has been docketed in the Supreme Court in case no. 20-234. 4 The petition is also available on Westlaw, see Dept’t of Homeland Security et al., 5 Petitioners, v. Yolany Padilla, et al., 2020 WL 5092673. 6 2. The case will not be ready for trial on October 19. 7 3. In light of the pending petition for certiorari, the parties agree that the most efficient way 8 9 forward is to continue to stay this case while the petition for certiorari is pending, and if 10 the petition is granted, until the resolution of the case before the Supreme Court. 11 Accordingly, the parties have attached a proposed order staying the case to this filing, 12 with instructions that the parties should update the Court upon any decision by the 13 Supreme Court. 14

16 17 18 19 20 21 22 23 24 25 26 JOINT STIPULATION AND ORDER STAYING CASE - 2 1 RESPECTFULLY SUBMITTED this 10th day of September, 2020. s/ Matt Adams Trina Realmuto* 2 Matt Adams, WSBA No. 28287

3 Email: matt@nwirp.org NATIONAL IMMIGRATION LITIGATION ALLIANCE 4 Aaron Korthuis, WSBA No. 53974 10 Griggs Terrace

Email: aaron@nwirp.org Brookline, MA 02446 5 (617) 819-4447 6 NORTHWEST IMMIGRANT trina@immigrationlitigation.org RIGHTS PROJECT 7 615 Second Avenue, Suite 400 Kristin Macleod-Ball* Seattle, WA 98104 8 Telephone: (206) 957-8611 AMERICAN IMMIGRATION COUNCIL Facsimile: (206) 587-4025 1318 Street, Suite 18 9 Attorneys for Plaintiffs-Petitioners Brookline, MA 02446 10 (857) 305-3600 kmacleod-ball@immcouncil.org 11 Judy Rabinovitz* 12 Michael Tan* Anand Balakrishnan* 13 14 ACLU IMMIGRANTS’ RIGHTS PROJECT 15 125 Broad Street, 18th floor New York, NY 10004 16 (212) 549-2618

17 *Admitted pro hac vice 18 JEFFREY BOSSERT CLARK /s/ Lauren C. Bingham 19 Acting Assistant Attorney General LAUREN C. BINGHAM, Fl. Bar #105745 Civil Division Senior Litigation Counsel, 20 District Court Section WILLIAM C. PEACHEY Office of Immigration Litigation 21 Director, District Court Section Civil Division 22 Office of Immigration Litigation P.O. Box 868, Ben Franklin Station Washington, DC 20044 23 EREZ REUVENI (202) 616-4458; (202) 305-7000 (fax) Assistant Director, District Court Section lauren.c.bingham@usdoj.gov 24 Office of Immigration Litigation ARCHITH RAMKUMAR 25 SARAH S. WILSON Trial Attorney Senior Litigation Counsel Attorneys for Defendants-Respondents 26 JOINT STIPULATION AND ORDER STAYING CASE - 3

2 Based on the foregoing stipulation of the parties, IT IS SO ORDERED. This case is 3 STAYED during the pendency of the Government’s petition for writ of certiorari at the Supreme 4 Court, and if the petition is granted, the stay shall continue until resolution of the case at the 5 Supreme Court. The parties are directed to confer and file a status report within seven (7) days of 6 the issuance of the certified copy of the judgment of the Supreme Court decision denying the 7 petition, or issuing a decision on the merits. 8 9 DATED this 11th day of _September_, 2020. 10 A 11 12 Marsha J. Pechman 13 United States Senior District Judge 14 15

17 I hereby certify that on September 11, 2020, I had the foregoing electronically filed with 18 the Clerk of the Court using the CM/ECF system, which will send notification of such filing to 19 those attorneys of record registered on the CM/ECF system. All other parties (if any) shall be 20 served in accordance with the Federal Rules of Civil Procedure. 21

22 23 /s/ Lauren C. Bingham LAUREN C. BINGHAM 24 Senior Litigation Counsel

25 Attorney for Defendants-Respondents 26 JOINT STIPULATION AND ORDER STAYING CASE - 4