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 (“ICE”); U.S. DEPARTMENT OF HOMELAND CONTINUING STAY OF 8 SECURITY (“DHS”); U.S. CUSTOMS AND BORDER CASE PROTECTION (“CBP”); U.S. CITIZENSHIP AND 9 IMMIGRATION SERVICES (“USCIS”); EXECUTIVE 10 OFFICE FOR IMMIGRATION REVIEW (“EOIR”); NOTE ON MOTION MATTHEW ALBENCE, Acting Director of ICE; KEVIN CALENDAR: SEPTEMBER 10, 11 MCALEENAN, Acting Secretary of DHS; MARK 2021. 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 The parties hereby respond to this Court’s order of September 9, 2021, and advise the 20 following. 21 On September 11, 2020, this Court stayed this case upon agreement of the parties, because 22 the Government had filed a petition for writ of certiorari in the Supreme Court. ECF no. 165. On 23 January 11, 2021, the Supreme Court issued an order granting the Government’s petition, vacating 24 the decision of the Court of Appeals, and remanding to the Ninth Circuit “for further consideration 25 26 in light of Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ (2020).” Immigration JOINT STIPULATION AND ORDER STAYING U.S. Department of Justice, Civil Division CASE - 1 Office of Immigration Litigation, District Court Section 1 and Customs Enforcement v. Padilla, 141 S. Ct. 1041 (Mem) (2021). On February 12, 2021, the 2 Supreme Court issued its judgment remanding the case to the Ninth Circuit. See Ninth Circuit 3 Docket no. 79. 4 On remand, the parties agreed to several periods of abeyance before the Ninth Circuit, in 5 order to allow incoming Department of Justice and Department of Homeland Security officials to 6 become familiar with this case. On July 7, 2021, the Ninth Circuit referred the case to the Circuit 7 8 Mediator to explore the potential for settlement. See Ninth Circuit Docket no. 86. The parties are 9 now before the mediator, with an upcoming mediation scheduled for September 22, 2021. 10 The parties believe that this Court should continue to stay proceedings until mediation and 11 any further proceedings at the Ninth Circuit are resolved. Accordingly, the parties have attached a 12 proposed order staying the case to this filing, with instructions that the parties should update this 13 Court upon resolution of mediation or further proceedings, if any, at the Ninth Circuit. 14 15 16 17 18 19 20 21 22 23 24 25 26 JOINT STIPULATION AND ORDER STAYING U.S. Department of Justice, Civil Division CASE - 2 Office of Immigration Litigation, District Court Section 1 RESPECTFULLY SUBMITTED this 10th day of September, 2021. s/ Matt Adams Trina Realmuto* 2 Matt Adams, WSBA No. 28287 Kristin Macleod-Ball *

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

Email: aaron@nwirp.org 10 Griggs Terrace 5 Brookline, MA 02446 6 NORTHWEST IMMIGRANT (617) 819-4447 RIGHTS PROJECT trina@immigrationlitigation.org 7 615 Second Avenue, Suite 400 Seattle, WA 98104 8 Telephone: (206) 957-8611 Facsimile: (206) 587-4025 Judy Rabinovitz* 9 Attorneys for Plaintiffs-Petitioners Michael Tan* 10 Anand Balakrishnan*

11 ACLU IMMIGRANTS’ RIGHTS PROJECT 12 125 Broad Street, 18th floor New York, NY 10004 13 (212) 549-2618 14 *Admitted pro hac vice 15

18 SARAH E. HARRINGTON /s/ Lauren C. Bingham 19 Deputy 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

Senior Litigation Counsel Attorneys for Defendants-Respondents 26 JOINT STIPULATION AND ORDER STAYING U.S. Department of Justice, Civil Division CASE - 3 Office of Immigration Litigation, District Court Section

2 Based on the foregoing stipulation of the parties, IT IS SO ORDERED. This case is 3 STAYED during the pendency of mediation and any further proceedings at the Ninth Circuit. The 4 parties are directed to confer and file a status report every ninety (90) days from the date of this 5 Order or within fourteen (14) days of the resolution of mediation or of other proceedings at the 6 Ninth Circuit. 7 8 DATED this 13th day of September, 2021. 9 10

11 A 12 ___________________ 13 THE HONORABLE MARSHA J. PECHMAN UNITED STATES SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 JOINT STIPULATION AND ORDER STAYING U.S. Department of Justice, Civil Division CASE - 4 Office of Immigration Litigation, District Court Section