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Padilla v. U.S. Immigration and Customs Enforcement “ICE”

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

May 20, 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.

          Note On Motion Calendar: May 13, 2019.

          MATT ADAMS, WSBA NO. 28287 GLENDA M. ALDANA MADRID, WSBA NO. 46987 LEILA KANG, WSBA NO. 48048 NORTHWEST IMMIGRANT RIGHTS PROJECT ATTORNEYS FOR PLAINTIFFS-PETITIONERS

          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

          KRISTIN MACLEOD-BALL* TRINA REALMUTO* AMERICAN IMMIGRATION COUNCIL *ADMITTED PRO HAC VICE ATTORNEYS FOR PLAINTIFFS-PETITIONERS

          ARCHITH RAMKUMAR N.Y.B. # 5269949 TRIAL ATTORNEY, DISTRICT COURT SECTION OFFICE OF IMMIGRATION LITIGATION CIVIL DIVISION ATTORNEYS FOR DEFENDANTS-RESPONDENTS

          JOINT STIPULATION AND ORDER GRANTING LEAVE TO PLAINTIFFS TO FILE A THIRD AMENDED COMPLAINT, EXTENDING THE TIME FOR IMPLEMENTING THE PRELIMINARY INJUNCTION ISSUED BY THIS COURT, STAYING DISCOVERY, AND SETTING A BRIEFING SCHEDULE FOR FORTHCOMING MOTIONS

          Marsha J. Pechman United States Senior District Judge.

         Pursuant to Local Civil Rules 7(d)(1) and 10(g), Plaintiffs and Defendants hereby stipulate and jointly move the Court for an Order setting forth the following:

         1. Plaintiffs' Motion for Leave to Amend the Complaint (Dkt. 116) is granted.

         2. Enforcement of the preliminary injunction entered on April 5 (Dkt. 110) (“Order”) is further stayed until July 1, 2019, while the Court adjudicates Defendants' currently- pending motion to vacate the Order (Dkt. 114) and Plaintiffs' forthcoming cross-motion to modify the Order.

         3. Defendants' deadline to file a Notice of Appeal with respect to the Order is extended from June 4, 2019 to July 5, 2019, to allow the Court to adjudicate Defendants' currently-pending motion to vacate the Order (Dkt. 114) and Plaintiffs' forthcoming cross-motion to modify the Order. See Federal Rule of Appellate Procedure 4(a)(5)(C) (“The district court may extend the time to file a notice of appeal [by] 30 days after the prescribed time.”).

         4. Discovery is stayed pending consideration of the parties' forthcoming motions.

         5. Defendants will continue to schedule bond hearings pursuant to Matter of X-K- until the date Matter of M-S- is scheduled to go into effect. 1 6. The following briefing schedule governs Plaintiffs' forthcoming cross-motion to modify the Order and Defendants' motion to dismiss Plaintiffs' Third Amended Complaint:

a. Plaintiffs file their cross-motion to modify the Order on or before May 28, 2019.
b. Defendants file their opposition to Plaintiffs' cross-motion to modify the Order on or ...

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