. . .Further Case Management Conference held on 5/16/2023. Hearing held via Zoom video conference. The parties are ordered to meet and confer about, and make a joint proposal regarding, the motion briefing schedule and discovery that must be exchanged immediately among the parties. If the parties are unable to agree, they must submit competing proposals. In the latter event, the Court will endeavor to choose, in all respects, the single proposal it concludes is most reasonable. Joint or competing proposals due by 5/17/2023. Further Case Management Conference set for 5/18/2023 03:30 PM in Oakland, Videoconference Only. This proceeding will be held via a Zoom webinar. . . .
Now you know -- end updated portion.
As many regular readers will recall, we've been following the manifold pieces of federal "public interest" litigation -- ones that effectively blunted the worst of Tangerine's intentional violations of US treaty obligations (backgrounder: 2017-2021), as to undocumented persons arriving, or residing in the US.
As a follow-up, Judge Tigar intends to question the government, about how it will comport with his prior rulings in the case, and continue to honor our treaty obligations, I am certain. And so, we will listen in on a status conference set for noon, tomorrow Eastern, now. And we will report back -- as to what's likely next:
. . .On February 23, 2023, the Departments published a Notice of Proposed Rulemaking (“NPRM”) that would, if finalized, rescind the two rules at issue in these cases. See Circumvention of Lawful Pathways, 88 Fed. Reg. 11,704 (Feb. 23, 2023), available at [prolix web-address]. That NPRM proposes to “address the reality of unprecedented migratory flows” and “potential surge of migration at the southwest border [] of the United States following the eventual termination of the Centers for Disease Control and Prevention’s (‘CDC’) public health Order” by “establish[ing] a presumptive condition on asylum eligibility for certain noncitizens who fail to take advantage of” “existing and expanded lawful pathways to enter the United States, including the opportunity to schedule a time and place to present at a port of entry and thus seek asylum or other forms of protection in a lawful, safe, and orderly manner, or to seek asylum or other protection in one of the countries through which they travel on their way to the United States.” Id. at 11,704, 11,706. The NPRM further proposes that the final rule be in effect for a period of two years. Id. at 11,726.
As part of the NPRM, “[t]he Departments propose rescinding prior rules establishing bars to asylum,” specifically Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims, 83 Fed. Reg. 55,934 (Nov. 9, 2018) and Asylum Eligibility and Procedural Modifications, 85 Fed. Reg. 82,260 (Dec. 17, 2020). Id. at 11,727-28. “The Departments have reconsidered the approaches taken in those rules and now believe that the tailored, time-limited approach proposed here—which couples mechanisms for individuals to enter lawfully (and as appropriate make protection claims) with new conditions on asylum eligibility for those who enter without taking advantage of these and other lawful processes -- is better suited to address increased flows across the” Southwest Border. Id. at 11,728. . . .
[Subsequent order, from this past Friday:] Plaintiffs have moved to lift the stay in this case and seek leave to file an amended and supplemental complaint. ECF No. 147. Plaintiffs also intend to move for preliminary relief. Id. at 3.
The parties shall appear for a case management conference on Tuesday, May 16, 2023, at 9 a.m. to discuss a schedule for briefing and hearing on both the present motion and Plaintiffs’ intended motion for preliminary injunctive relief. . . .
IT IS SO ORDERED.
Dated: May 12, 2023. . . .
We will keep you posted, but the aim (once again) will be to protect those seeking entrance -- at our southern borders from abuse. And ensure we honor our treaty and protocol obligations, here -- as Title 42 sunsets.
नमस्ते
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