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Padilla v. U.S. Immigration and Customs Enforcement ("ICE")

United States District Court, W.D. Washington, Seattle

April 23, 2019

YOLANY PADILLA, IBIS GUZMAN, BLANCA ORANTES, BALTAZAR VASQUEZ, Plaintiffs-Petitioners,
v.
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (“ICE”); U.S. DEPARTMENT OF HOMELAND SECURITY (“DHS”); U.S. CUSTOMS AND B PROTECTION (“CBP”); U.S. CITIZENSHIP AND IMMIGRATION SERVICES (“USCIS”); EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (“EOIR”); THOMAS HOMAN, Acting Director of ICE; KIRSTJEN NIELSEN, Secretary of DHS; KEVIN K. McALEENAN, Acting Commissioner of CBP; L. FRANCIS CISSNA, Director of USCIS; MARC J. MOORE, Seattle Field Office Director, ICE, WILLIAM P. 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; Defendants-Respondents.

          Matt Adams, Leila Kang, Aaron Korthuis, NORTHWEST IMMIGRANT RIGHTS PROJECT JOSEPH. H. HUNT Assistant Attorney General Civil Division WILLIAM C. PEACHEY Director, District Court Section Office of Immigration Litigation EREZ REUVENI Assistant Director, District Court Section Trina Realmuto Kristin Macleod-Ball AMERICAN IMMIGRATION COUNCIL Admitted pro hac vice Attorneys for Plaintiffs-Petitioners

          LAUREN C. BINGHAM, Trial Attorney, District Court Section Office of Immigration Litigation Civil Division Attorneys for Defendants-Respondents

          JOINT STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR DEFENDANTS' FORTHCOMING MOTION TO VACATE

          Marsha J. Pechman United States Senior District Judge

         Pursuant to Local Civil Rules 7d1 and 10g, Plaintiffs and Defendants hereby stipulate and jointly move the Court for an Order setting forth the below briefing schedule for Defendants' forthcoming motion to vacate the preliminary injunction, and also jointly move the Court for an Order staying the enforcement of the preliminary injunction until May 31, 2019.

         Defendants will be moving to vacate this Court's April 5, 2019, preliminary injunction in light of the Attorney General's decision in Matter of M-S-, 27 I&N Dec. 509 A.G. 2019, which overruled Matter of X-K-, 23 I&N Dec. 731 BIA 2005. In order to resolve the impact of this decision on the preliminary injunction as expeditiously as possible, the parties have met and conferred and agreed upon the following briefing schedule.

         April 26, 2019: Deadline for Defendants' Motion to Vacate

         May 10, 2019: Deadline for Plaintiffs' Opposition to Defendants' Motion to Vacate

         May 15, 2019: Deadline for Defendants' reply in support of their Motion to Vacate

         Given the complex issues that the parties anticipate briefing, the parties also stipulate to a page limit of 24 pages for Defendants' Motion and Plaintiffs' Opposition, and 12 pages for Defendants' reply.

         The parties also stipulate to a stay of the enforcement of the preliminary injunction until May 31, 2019, in order to resolve the impact of Matter of M-S- before the injunction goes into effect. To that effect, the parties respectfully request that this Court rule on the Motion to Vacate on or by May 31, 2019.[1]

         ORDER

         Based on the foregoing stipulation of the parties, IT IS SO ORDERED. The following deadlines govern Defendants' forthcoming Motion to Vacate:

         April 26, 2019: Deadline for Defendants' Motion to Vacate

         May 10, 2019: Deadline for Plaintiffs' Opposition to ...


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