1 STEPHANIE M. HINDS (CABN 154284) United States Attorney 2 MICHELLE LO (NYRN 4325163) Chief, Civil Division 3 MICHAEL A. KEOUGH (NYRN 5199666) Assistant United States Attorney 4 450 Golden Gate Avenue, Box 36055 5 San Francisco, CA 94102-3495 Telephone: (415) 436-7200 6 FAX: (415) 436-6748 [email protected] 7 Attorneys for Defendants 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 AMERICAN IMMIGRATION COUNCIL, ) No. 4:20-cv-03266-DMR et al., ) 13 ) JOINT REQUEST TO CONTINUE Plaintiffs, ) FURTHER CASE MANAGEMENT 14 ) CONFERENCE; ORDER (AS MODIFIED) v. ) 15 ) Current CMC Date: October 5, 2022 Time: UNITED STATES CITIZENSHIP AND ) 1:30 p.m. 16 IMMIGRATION SERVICES, et al., ) ) 17 Defendant. ) ) 18 19 Plaintiffs American Immigration Council, American Immigration Lawyers Association, and 20 Human Rights Watch (“Plaintiffs”) and defendants United States Citizenship and Immigration Services, 21 United States Customs and Border Protection, and United States Immigration and Customs Enforcement 22 (“Defendants”), by and through their undersigned counsel, hereby STIPULATE and respectfully 23 REQUEST that the Court vacate and continue the Case Management Conference (“CMC”), presently 24 scheduled for October 5, 2022, until December 7, 2022 or as soon thereafter as the Court is available. 25 This action, filed on May 13, 2020 under the Freedom of Information Act (“FOIA”), concerns 26 four FOIA requests that Plaintiffs directed to Defendants regarding the Migrant Protection Protocols 27 (“MPP”). See Dkt. 1. The parties previously submitted a Joint Case Management Statement on 1 On January 21, 2021, the Department of Homeland Security suspended new enrollments in the 2 MPP pending further review of the program. On February 11, 2021, DHS announced a plan to process 3 into the United States certain individuals who had been returned to Mexico under MPP and have 4 pending cases before the Executive Office for Immigration Review. On June 1, 2021, the Secretary of 5 Homeland Security made a determination that MPP be terminated. On August 13, 2021, U.S. District 6 Court Judge Kacsmaryk issued a nationwide injunction for the reinstatement of MPP. See Texas v. 7 Biden, No. 2:21-CV-067-Z,

(N.D. Tex. Aug. 13, 2021). On December 13, 2021, the 8 U.S. Court of Appeals for the Fifth Circuit upheld the district court’s order. See Texas v. Biden,

928 (5th Cir. 2021). On June 30, 2022, the Supreme Court of the United States reversed the Fifth 10 Circuit’s decision and remanded the case for further proceedings, holding that the present 11 administration’s rescission of the MPP constituted a valid final agency action. Biden v. Texas, 142 S. 12 Ct. 2528 (2022). In light of this decision, the parties understand that the MPP will not be implemented 13 going forward. 14 The parties have agreed that, in light of the decision in Biden v. Texas, the only remaining issue 15 to be resolved is Plaintiffs’ request for documents containing daily situational reports from Defendant 16 U.S. Customs and Border Protection (“CBP”). CBP has agreed to provide these documents subject to 17 appropriate FOIA redactions. Once the documents are provided to Plaintiffs, the parties will meet and 18 confer regarding any objections to these redactions and propose a briefing schedule for any objections 19 that cannot be resolved through the meet and confer process. Plaintiffs will not seek attorney’s fees or 20 costs. 21 At this point, the parties do not require judicial intervention. The parties previous Joint Case 22 Management Statement (Dkt. 43) remains accurate. Accordingly, the parties request that the CMC 23 scheduled for October 5, 2022, be vacated and continued until December 7, 2022 or as soon thereafter as 24 the Court is available. 25 SO STIPULATED. 26 * * * 27 1 Respectfully submitted, 2 STEPHANIE M. HINDS United States Attorney 3 Dated: September 28, 2022 By: /s/ Michael A. Keough 4 MICHAEL A. KEOUGH Assistant United States Attorney 5 Attorney for Defendants 6 7 Dated: September 28, 2022 By: **/s/ David P. Enzminger 8 DAVID P. ENZMINGER (CA State Bar No. 137065) WINSTON & STRAWN LLP 9 333 South Grand Avenue, 38th Floor Los Angeles, CA 90071 10 (213) 615-1700 11 [email protected] 12 Attorney for Plaintiffs 13 ** Pursuant to Civ. L.R. 5-1(h)(3), the filer of the document has obtained approval from this signatory. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER (AS MODIFIED) 2 IT IS HEREBY ORDERED that the Further Case Management Conference, presently 3 || scheduled for October 5, 2022, is vacated and continued to December 7, 2022 at 1:30 p.m. in 4 || Oakland, - by Videoconference. Parties shall file an updated joint case management conference 5 || statement by November 30, 2022. cE DSTO 6 IT IS SO ORDERED AS MODIFIED. Ky _ 8 || Dated: September 29, 2022 Qs 5 ° \ fg pao

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER