Case Document 7 Filed 07/27/18 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ON BEHALF OF HIS MINOR CHILD, J.M.A., ET AL. Plaintiffs, Civil Action No. JEFFERSON BEAUREGARD ATTORNEY GENERAL OF THE UNITED STATES, ET AL. Defendants. MOTION TO REQUEST EXPEDITED HEARING ON MOTION FOR PRELIMINARY INJUNCTION Plaintiffs, by and through their undersigned counsel, hereby ?le this Motion to Request Expedited Hearing on Plaintiffs? Motion for Preliminary Injunction, to be held on or before [August 2018. Pursuant to Local Civil Rule Plaintiffs submit the below statement of facts which make expedition essential. 1. Plaintiffs are migrant children who arrived in the United States with their families, seeking asylum. 2. Plaintiffs and their parents seek asylum in the United States on account of the violence and persecution they suffered in their countries of origin. 3. Upon arriving at the border, Plaintiffs and their parents were separated under the Government?s infamous ?zero tolerance" policy, and held apart in separate detention facilities. Case Document 7 Filed 07/27/18 Page 2 of 6 This process of family separation caused Plaintiffs, their parents, and thousands of other families, extraordinary harm and extreme emotional distress. 4. Upon separation, Plaintiffs were placed in ?unaccompanied minor? status subject to Section 240 of the INA, while parents were subject to Section 235. Both provisions of the INA provide for mandatory opportunity to access credible fear interviews, the threshold screening for possible asylum eligibility. 5. Following a federal court order commanding family reuni?cation, the Government offered migrant parents the opportunity to be reuni?ed with their children ?for the purposes of removal to? the parents? countries of origin. The Government effectively leveraged the pain of family separation to coerce migrant parents into waiving their own and their children?s rights to seek asylum in the United States. 6. Plaintiffs have thus been denied access to the ability to seek asylum under either Section 235 or Section 240 of the INA. Deporting Plaintiffs without access to credible fear interviews will return them to the violence and persecution from which they ?ed. The consequences could very well be fatal. 7. Plaintiffs? parents are subject to removal orders. The Government intends to deport these parents, along with Plaintiffs, as soon as the families are reunited. 8. The Court in Ms. V. imposed a temporary stay of deportations of reunited families, No. 180v0428 DMS (MDD), 2018 WL 3129486 (S.D. Cal. July 16, 2018), but is holding a hearing today, July 27, 2018, on whether that stay should continue. Absent expedited relief, Plaintiffs may be deported with their parents without credible fear interviews in a matter of days. The risk is real, imminent, and the consequences dire. Case Document 7 Filed 07/27/18 Page 3 of 6 9. Plaintiffs would be unable to vindicate their rights on the merits after an erroneous deportation and would be wrongfully foreclosed from ever pursuing their asylum claims. Under Federal Rule of Civil Procedure 65(b), the temporary restraining order that Plaintiffs seek in their accompanying Motion for Temporary Restraining Order and Preliminary Injunction will expire within 14 days of entry, if granted. An expedited hearing on Plaintiffs? Motion for Preliminary Injunction on or before the expiration of the temporary restraining order (August 9, 2018) is necessary to prevent further harm to Plaintiffs. For these reasons, Plaintiffs request expedited consideration of Plaintiffs? Motion for Preliminary Injunction. July 27, 2018 HOGAN LOVELLS US LLP QZL Just? W. Bernick (DC Bar No. 988245) Clark Weymouth *Zachary W. Best 555 Thirteenth Street, NW Washington, DC 20004 Telephone: (202) 637-5600 Facsimile: (202) 637-5910 justinbernick@hoganlovells.com t.weymouth@hoganlovells.com zachary.best@hoganlovells.corn *Oliver J. Armas *Ira M. Feinberg 875 Third Avenue New York, NY 10022 Telephone: (212) 918?3000 Facsimile: (212) 918-3100 oliver.annas@hoganlovells.com ira.feinberg@hoganlovells.com Case Document 7 Filed 07/27/18 Page 4 of 6 *Katherine A. Nelson 160] Wewatta Street, Suite 900 Denver, CO 80202 Telephone: (303) 899-7300 Facsimile: (303) 899?7333 admission pro hac vice to be sought Counsel to the Plaintt?ft Case Document 7 Filed 07/27/18 Page 5 of 6 CERTIFICATE OF SERVICE I hereby certify that, on July 27, 2018, this motion was ?led by hand delivery upon the to all Defendants? at the addresses listed below: Jefferson Beauregard Sessions 111, Attorney General of the United States of America, United States Department of Justice 950 Avenue, NW Washington DC 20530 Kirstjen Nielsen, Secretary of the United States Department of Homeland Security, 245 Murray Lane, SW Washington, DC 20528 Alex Azar, Secretary of the Department of Health and Human Services, 200 Independence Avenue, SW Washington, DC 20201 Ronald Vitiello, Acting Director of United States Immigration and Customs Enforcement, 500 12?h Street, sw Washington, DC 20536 L. Francis Cissna, Director of United States Citizenship and Immigration Services, 20 Massachusetts Avenue, NW Room 4210 MS: 2120 Washington, DC 20529 Clerk of the Court. A service copy of this ?ling will be sent by ?rst class mail, postage pre-paid, Kevin K. McAleenan, Commissioner of United States Customs and Border Protection, 1300 Avenue, NW MS: 1345 Washington, DC 20229 Scott Lloyd, Director of the Of?ce of Refugee Resettlement, Mary E. Switzer Building 330 Street, SW Washington, DC 20201 Daniel A. Bible, Director of ICE San Antonio Field Of?ce 1777 NE Loop 410, Floor 15 San Antonio, TX 78217 United States Department of Homeland Security, 245 Murray Lane, SW MS: 0485 Washington, DC 20528 United States Immigration and Customs Enforcement, 500 12?h Street, sw Washington, DC 20530 United States Customs and Border Protection, 1300 Avenue, NW Washington, DC 20229 Date: Case Document 7 Filed 07/27/18 Page 6 of 6 United States Citizenship and Immigration Services, 20 Massachusetts Avenue, NW Washington, DC 20529 US. Department of Health and Human Services, 200 Independence Avenue SW Washington, DC 20201 July 27, 2018 Of?ce of Refugee Resettlement, Mary E. Switzer Building 330 Street, SW Washington, DC 20201 Justin/W. Bemick (DC Bar No. 988245) HOGAN LOVELLS US LLP 555 Thirteenth Street, NW Washington, DC 20004 Telephone: (202) 637-5600 Facsimile: (202) 63 7-5910 justin.bemick@hoganlovells.com Attorneyfor Plaintiffs