Padilla v. US Immigration and Customs Enforcement

1 The Honorable Marsha J. Pechman 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 3 AT SEATTLE YOLANY PADILLA, IBIS GUZMAN, BLANCA ORANTES, BALTAZAR VASQUEZ, No. 2:18-cv-928 MJP Plaintiffs-Petitioners, 6 v. JOINT STATUS REPORT U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT AND STIPULATION AND (“ICE”); U.S. DEPARTMENT OF HOMELAND ORDER EXTENDING SECURITY (“DHS”); U.S. CUSTOMS AND BORDER DEADLINE TO PROTECTION (“CBP”); U.S. CITIZENSHIP AND RESPOND TO COURT’S IMMIGRATION SERVICES (“USCIS”); EXECUTIVE 7/29/22 ORDER OFFICE FOR IMMIGRATION REVIEW (“EOIR”); MATTHEW ALBENCE, Acting Director of ICE; KEVIN MCALEENAN, Acting Secretary of DHS; MARK NOTE ON MOTION MORGAN, Acting Commissioner of CBP; KEN CALENDAR: AUGUST 19, 2022.

12 CUCCINELLI, Acting Director of USCIS; MARC J.

MOORE, Seattle Field Office Director, ICE, WILLAIM BARR, United States Attorney General; LOWELL CLARK, warden of the Northwest Detention Center in Tacoma, Washington; CHARLES INGRAM, warden of the Federal Detention Center in SeaTac, Washington; DAVID SHINN, warden of the Federal Correctional Institute in Victorville, California; JAMES JANECKA, warden of the Adelanto Detention Facility; 18 Defendants-Respondents.

19 The parties hereby respond to this Court’s order of July 29, 2022 (ECF no. 183), and advise the following.

On September 11, 2020, this Court stayed this case upon agreement of the parties, because the Government filed a petition for writ of certiorari in the United States Supreme Court. ECF no. 165.On January 11, 2021, the Supreme Court issued an order granting the Government’s petition, vacating the decision of the Court of Appeals, and remanding to the Ninth Circuit “for further consideration in light of Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ JOINT STATUS REPORT U.S. Department of Justice, Civil Division ANDSTIPULATIONAND Office of Immigration Litigation, District Court Section (2020).” U.S. Immigration and Customs Enforcement v. Padilla, 141 S. Ct. 1041 (Mem) (2021).

2 On February 12, 2021, the Supreme Court issued its judgment remanding the case to the Ninth Circuit. See Ninth Circuit Docket no. 79.

On remand, the parties agreed to several periods of abeyance before the Ninth Circuit, to allow incoming Department of Justice and Department of Homeland Security officials to become familiar with this case. On July 7, 2021, the Ninth Circuit referred the case to the Circuit Mediator to explore the potential for settlement. See Ninth Circuit Docket no. 86.

9 After settlement talks concluded, the Ninth Circuit received briefing from the parties on the impact of the Supreme Court’s decisions in Biden v. Texas, 142 S. Ct. 2528 (2022), Garland v. Aleman Gonzalez, 142 S. Ct. 2057 (2022). On June 30, 2022, the Ninth Circuit entered an order remanding this case to this court with instructions to vacate the preliminary injunction and for further consideration in light of the Supreme Court’s decisions in Biden v. Texas, Garland v. Aleman Gonzalez, and Department of Homeland Security v. Thuraissigiam, 140 S. Ct. 1959 16 (2020). The mandate issued on July 29, 2022, and on the same date, this court entered an order vacating the preliminary injunction and ordering the parties to meet and confer and file a Joint Status Report setting forth the Parties’ respective positions as to what briefing they would like to file to address the authority cited by the Ninth Circuit’s Order and the Parties’ proposed trial date and case deadlines that the Court should set. ECF no(s). 182-83.

The parties have discussed the next steps in this litigation over email and over the phone, and those discussion continue. The parties are hopeful that they will reach agreement on the next steps in this litigation, but need more time to complete those discussions. The parties request that this Court extend the deadline to respond to the Court’s July 29, 2022 order (ECF no. 183) for an JOINT STATUS REPORT U.S. Department of Justice, Civil Division ANDSTIPULATIONAND Office of Immigration Litigation, District Court Section additional two weeks (to and including Friday, September 2, 2022) so they can continue their discussions regarding the next steps in this case, a proposed trial date, and case deadlines. The parties suggest that this request satisfies the good cause requirement in Fed. R. Civ. Pro. 6(b), and represent that this request is not for the purpose of undue delay. Accordingly, the parties have attached a proposed order to that effect.

JOINT STATUS REPORT U.S. Department of Justice, Civil Division ANDSTIPULATIONAND Office of Immigration Litigation, District Court Section RESPECTFULLY SUBMITTED this 19th day of August, 2022. s/ Matt Adams Trina Realmuto* Matt Adams, WSBA No. 28287 Kristin Macleod-Ball * Email: [email protected] NATIONAL IMMIGRATION Aaron Korthuis, WSBA No. 53974 LITIGATION ALLIANCE Email: [email protected] 10 Griggs Terrace Brookline, MA 02446 NORTHWEST IMMIGRANT (617) 819-4447 RIGHTS PROJECT [email protected] 615 Second Avenue, Suite 400 Seattle, WA 98104 Telephone: (206) 957-8611 Facsimile: (206) 587-4025 Judy Rabinovitz* Attorneys for Plaintiffs-Petitioners Michael Tan* 10 Anand Balakrishnan* 11 ACLU IMMIGRANTS’ RIGHTS PROJECT 12 125 Broad Street, 18th floor New York, NY 10004 (212) 549-2618 *Admitted pro hac vice BRIAN M. BOYNTON /s/ Lauren C. Bingham Principal 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 Director, District Court Section Civil Division Office of Immigration Litigation P.O. Box 868, Ben Franklin Station Washington, DC 20044 EREZ REUVENI (202) 616-4458; (202) 305-7000 (fax) Assistant Director, District Court Section [email protected] Office of Immigration Litigation SARAH S. WILSON Assistant Director, Appellate Section Attorneys for Defendants-Respondents JOINT STATUS REPORT U.S. Department of Justice, Civil Division ANDSTIPULATIONAND Office of Immigration Litigation, District Court Section 1 ORDER 2 Based on the foregoing stipulation of the parties, IT IS SO ORDERED. The deadline to file the Joint Status Report setting forth the Parties’ respective positions as to what briefing they would like to file to address the authority cited by the Ninth Circuit’s June 30, 2022 Order and the Parties’ proposed trial date and case deadlines that the Court should set is extended to September 2, 2022.

DATED this 1 9 t h day of August, 2022.

A _____________________________________ 12 THE HONORABLE MARSHA J. PECHMAN UNITED STATES DISTRICT JUDGE JOINT STATUS REPORT U.S. Department of Justice, Civil Division ANDSTIPULATIONAND Office of Immigration Litigation, District Court Section