DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the...
Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge ...
This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to...
P.J.E.S. v. Wolf, Nov. 18, 2020
"Plaintiff P.J.E.S., a 15-year-old minor from Guatemala who entered the United States as an unaccompanied minor in August 2020, brings this action against Chad F. Wolf in his officialcapacity as Acting Secretary of Homeland Security and various other federal government officials (“Defendants” or the “Government”) for violations of the Administrative Procedure Act(“APA”), 5 U.S.C. § 701 et seq.; the Trafficking Victims Protection Reauthorization Act (“TVPRA”), 8 U.S.C. § 1232; the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 etseq.; and the Foreign Affairs Reform and Restructuring Act of 1998 (“FARRA”), 8 U.S.C. § 1231 NOTE.
Pending before the Court are Plaintiff’s motion for class certification (“Pl.’s Cert. Mot.”), ECF No. 21, and motion for a classwide preliminary injunction (“Pl.’s Prelim. Inj. Mot.”), ECF No. 15. Magistrate Judge Harvey’s Report and Recommendation (“R. & R.”) recommends that this Court provisionally grant the motion for class certification and grant the motion forpreliminary injunction and . See R. & R., ECF No. 65 at 2.
The Government has objected to several of Magistrate Judge Harvey’s recommendations. See Gov’t’s Objs., ECF No. 69. Raising no objections to the R. & R., Plaintiff asks this Court to adopt Magistrate Judge Harvey’s recommendations to grant both motions. See Pl.’s Resp. to Pl.’s Objs. (“Pl.’s Resp.”), ECF No. 72 at 7. Upon careful consideration of the R. & R., the Government’s objections, Plaintiff’s response, and the relevant law, the Court hereby ADOPTS the R. & R., ECF No. 65, PROVISIONALLY GRANTS Plaintiff’s (1) Motion to Certify Class, ECF No. 2, and GRANTS Plaintiff’s (2) Motion for Preliminary Injunction, ECF No. 15.
... The Government’s request to stay the Court’s Order while it decides whether to appeal and/or pending appeal is DENIED for substantially the same reasons as those articulated in this Opinion."