Northwest Immigrant Rights Project "NWIRP" v. Sessions, 051717 WAWDC, 2:17-cv-00716

Docket Nº:2:17-cv-00716
Opinion Judge:The Honorable Richard A. Jones United States District Judge.
Party Name:NORTHWEST IMMIGRANT RIGHTS PROJECT “NWIRP”, a nonprofit Washington public benefit corporation; and YUK MAN MAGGIE CHENG, an individual, Plaintiffs, v. JEFFERSON B. SESSIONS III, in his official capacity as Attorney General of the United States; UNITED STATES DEPARTMENT OF JUSTICE; EXECUTIVE OFFICE FOR IMMIGRATION REVIEW; JUAN OSUNA, in his...
Case Date:May 17, 2017
Court:United States District Courts, 9th Circuit, Western District of Washington
 
FREE EXCERPT

NORTHWEST IMMIGRANT RIGHTS PROJECT “NWIRP”, a nonprofit Washington public benefit corporation; and YUK MAN MAGGIE CHENG, an individual, Plaintiffs,

v.

JEFFERSON B. SESSIONS III, in his official capacity as Attorney General of the United States; UNITED STATES DEPARTMENT OF JUSTICE; EXECUTIVE OFFICE FOR IMMIGRATION REVIEW; JUAN OSUNA, in his official capacity as Director of the Executive Office for Immigration Review; and JENNIFER BARNES, in her official capacity as Disciplinary Counsel for the Executive Office for Immigration Review, Defendants.

No. 2:17-cv-00716

United States District Court, W.D. Washington

May 17, 2017

ORDER

The Honorable Richard A. Jones United States District Judge.

This matter comes before the Court on Plaintiffs Northwest Immigrant Rights Project (“NWIRP”) and Yuk Man Maggie Cheng's Motion for a Temporary Restraining Order (“TRO”).1 Dkt. # 2. The Government opposes the motion.2 Dkt. # 14. The Court heard oral argument on May 17, 2017. For the reasons stated below, the Court GRANTS the motion and enters a TRO with terms as stated at the conclusion of this order.

I. BACKGROUND

Washington nonprofit Northwest Immigrant Rights Project (“NWIRP”) provides free and low-cost legal services to thousands of immigrants each year. Dkt. # 1. The Executive Office for Immigration Review (“EOIR”), an office within the Department of Justice (“DOJ”), oversees the adjudication of immigration cases. Id. at ¶ 1.5. In seeking to improve immigrants' access to legal information and counseling, EOIR provides an electronic list of pro bono legal services providers. With regard to Washington, EOIR's entire list of recognized pro bono organizations includes one group-the NWIRP. Dkt. ## 2 at 17, 3 (Warden-Hertz Decl.) at ¶ 4.

In December 2008, EOIR published new rules regulating the professional conduct of attorneys who appear in immigration proceedings. Specifically, EOIR reserved the right to “impose disciplinary sanctions against any practitioner who . . . [f]ails to submit a signed and completed Notice of Entry of Appearance as Attorney or Representative . . . when the practitioner has engaged in practice or preparation as those terms are defined in §§ 1001.1(i) and (k) . . . .” 8 C.F.R. § 1003.102(t). The purpose of these amendments was to protect individuals in immigration proceedings by disciplining attorneys when it is within...

To continue reading

FREE SIGN UP