Al Otro Lado v. Mayorkas I

At a Glance

Date Filed: 

November 13, 2017

Current Status 

On November 28, 2023, oral argument is held in the Ninth Circuit Court of Appeals on defendants' appeal of the permanent injunction and plaintiffs' appeal of the dismissal of our Alien Tort Statute claims.

Co-Counsel 

Southern Poverty Law Center, American Immigration Council, Mayer Brown

Client(s) 

Al Otro Lado, a non-profit legal services organization, and plaintiffs Abigail Doe, Beatrice Doe, Carolina Doe, Dinora Doe, Ingrid Doe, and Jose Doe, acting on their own behalf and on behalf of all similarly situated individuals presenting themselves at ports of entry along the U.S.-Mexico border. 

Case Description 

Al Otro Lado, Inc., et al. v. Alejandro Mayorkas, et al., is a class action lawsuit against officials at the U.S. Department of Homeland Security (DHS) and Customs and Border Protection (CBP) in a federal district court in California challenging CBP’s unlawful practice of depriving asylum seekers access to the U.S. asylum process. The plaintiffs allege that CBP and DHS are systematically violating U.S. and international law by denying individuals even the opportunity to apply for asylum; instead the government is consistently turning away individuals facing persecution, forcing them to return to countries where they face grave violence and risk of death.

The lawsuit documents numerous cases in which CBP denied asylum seekers who presented themselves at ports of entry along the U.S.-Mexico border the right to seek protection in the United States. This illegal conduct included falsely representing to individuals that asylum is no longer available in the United States, that asylum seekers need permission from the Mexican government to seek asylum, or that asylum seekers must apply at other locations. In some cases, asylum seekers were threatened and falsely told that if they did not abandon their effort to obtain asylum, they would lose custody of their children.

The government’s illegal conduct is occurring as the Northern Triangle countries of Guatemala, El Salvador, and Honduras are experiencing levels of violence not seen since civil wars wracked the region decades ago; the UNHCR recorded a nearly fivefold increase in people from these countries seeking asylum in the United States since 2008.

Women in particular – and especially transgender women – and children can experience extreme violence when fleeing their home countries, facing rape, assault, and extortion. Black immigrants are also facing escalating denials, with many Haitian refugees seeking asylum at the border. Immigrant justice advocates point to U.S. foreign policy fueling violence and instability in Central America for decades as the root cause of this crisis, now being exacerbated by the Trump administration’s escalation of draconian immigration policies.

As an increasing number of Central Americans are applying for asylum in Mexico, the U.S. government is actively encouraging and funding the Mexican government to increase the detention and deportation of Central American asylum seekers found within their territory. At the same time, unprecedented levels of violence throughout Mexico are displacing thousands of Mexican families, many of whom cannot find safety in their own country and are forced to seek safety in the U.S. CBP’s unlawful conduct can constitute a death sentence for asylum seekers, many of whom are being actively pursued during their dangerous journey to the border.

This case is part of the Center for Constitution al Rights’ larger work fighting abusive immigration policies, supporting immigrants and immigrant rights organizations, and upholding international human rights.

Case Timeline

November 28, 2023
Oral argument in court of appeals
November 28, 2023
Oral argument in court of appeals
Oral argument is held in the Ninth Circuit Court of Appeals on defendants' appeal of the permanent injunction and plaintiffs' appeal of the dismissal of our Alien Tort Statute claims.
May 22, 2023
Plaintiffs file our reply on defendant's appeal and our cross-appeal
May 22, 2023
Plaintiffs file our reply on defendant's appeal and our cross-appeal
March 30, 2023
Government files reply and response brief on their appeal and plaintiffs' cross-appeal in the Ninth Circuit
March 30, 2023
Government files reply and response brief on their appeal and plaintiffs' cross-appeal in the Ninth Circuit
February 21, 2023
Plaintiffs cross-appeal dismissal of Alien Tort Statute claims
February 21, 2023
Plaintiffs cross-appeal dismissal of Alien Tort Statute claims
December 20, 2022
Government appeals district court's permanent injunction order
December 20, 2022
Government appeals district court's permanent injunction order
August 5, 2022
District Court issues supplemental order granting and denying in part plaintiffs' motion for clarification, converting the preliminary injunction into a permanent injunction and denying plaintiffs' request for independent oversight of the CBP
August 5, 2022
District Court issues supplemental order granting and denying in part plaintiffs' motion for clarification, converting the preliminary injunction into a permanent injunction and denying plaintiffs' request for independent oversight of the CBP
August 5, 2022
District court issues remedies order to ensure compliance with injunction against asylum turnback policy
August 5, 2022
District court issues remedies order to ensure compliance with injunction against asylum turnback policy
September 2, 2021
Court grants partial summary judgment to plaintiffs, ruling that metering is unlawful under the APA and Due Process
September 2, 2021
Court grants partial summary judgment to plaintiffs, ruling that metering is unlawful under the APA and Due Process
August 31, 2021
Judge Bashant holds oral argument on motion for summary judgment in Southern District of California
August 31, 2021
Judge Bashant holds oral argument on motion for summary judgment in Southern District of California
January 18, 2021
Court grants TRO enjoining application of Final Asylum Ban regulation
January 18, 2021
Court grants TRO enjoining application of Final Asylum Ban regulation
January 6, 2021
AOL files another TRO enjoining application of Final Asylum Ban regulation
January 6, 2021
AOL files another TRO enjoining application of Final Asylum Ban regulation
September 4, 2020
Plaintiffs file motion for summary judgment
September 4, 2020
Plaintiffs file motion for summary judgment
August 6, 2020
Court grants class certification
March 5, 2020
Ninth Circuit lifts stay on preliminary injunction
March 5, 2020
Ninth Circuit lifts stay on preliminary injunction
February 4, 2020
Plaintiffs file response in Ninth Circuit appeal
February 4, 2020
Plaintiffs file response in Ninth Circuit appeal
January 14, 2020
Plaintiffs file motion for class certification
January 14, 2020
Plaintiffs file motion for class certification
January 7, 2020
Defendants file opening brief in appeal to Ninth Circuit
January 7, 2020
Defendants file opening brief in appeal to Ninth Circuit
December 6, 2019
Plaintiffs file motion for temporary restraining order of the Guatemala Asylum Cooperative Agreement, and for class certification
December 4, 2019
Defendants appeal the preliminary injunction and request emergency stay
December 4, 2019
Defendants appeal the preliminary injunction and request emergency stay
November 19, 2019
Court grants Plaintiffs' motions, certifying a provisional class and enjoining the Government from applying the Transit Ban to the class
November 19, 2019
Court grants Plaintiffs' motions, certifying a provisional class and enjoining the Government from applying the Transit Ban to the class
September 26, 2019
Plaintiffs file motions for a preliminary injunction and provisional class certification
September 26, 2019
Plaintiffs file motions for a preliminary injunction and provisional class certification
July 29, 2019
Judge issues order, granting in part and denying in part, the defendants' motion to dismiss
July 29, 2019
Judge issues order, granting in part and denying in part, the defendants' motion to dismiss
March 7, 2019
Defendants file a reply in support of their motion to dismiss
March 7, 2019
Defendants file a reply in support of their motion to dismiss
February 22, 2019
Motion to expedite discovery is filed
February 22, 2019
Motion to expedite discovery is filed
February 14, 2019
Plaintiffs file their opposition to defendants' motion to dismiss
February 14, 2019
Plaintiffs file their opposition to defendants' motion to dismiss
November 29, 2018
Defendants file a motion to dismiss the second amended complaint
November 29, 2018
Defendants file a motion to dismiss the second amended complaint
November 13, 2018
Plaintiffs File Second Amended Complaint
November 13, 2018
Plaintiffs File Second Amended Complaint
October 12, 2018
Plaintiffs file an amended complaint
October 12, 2018
Plaintiffs file an amended complaint
August 20, 2018
Judge issues order, granting in part and denying in part, the defendants' motion to dismiss
August 20, 2018
Judge issues order, granting in part and denying in part, the defendants' motion to dismiss
February 5, 2018
Defendants file their reply in support of their motion to dismiss
February 5, 2018
Defendants file their reply in support of their motion to dismiss
January 29, 2018
Plaintiffs file opposition to defendants' motion to dismiss
January 29, 2018
Plaintiffs file opposition to defendants' motion to dismiss
December 14, 2017
Defendants file a motion to dismiss the case
December 14, 2017
Defendants file a motion to dismiss the case
November 13, 2017
Plaintiffs file motion for class certification
November 13, 2017
Plaintiffs file motion for class certification

CCR and co-counsel file for class certification, documenting the practice of unlawful denial of access to the asylum application process as systematic all along the U.S.–Mexico border.

July 12, 2017
Complaint filed
July 12, 2017
Complaint filed
CCR, the American Immigration Council (AIC), and Latham & Watkins LLP file a complaint in the District Court of the Central District of California in Los Angeles seeking declaratory and injunctive relief on behalf of Al Otro Lado and individual asylum seekers.