Case: Make the Road New York v. Huffman

MAKE THE ROAD NEW YORK v. HUFFMAN

Make the Road New York v. Noem

Make the Road New York v. Noem

Make the Road New York v. Noem

Make the Road New York v. Noem

Make the Road New York v. Noem

Department of Homeland Security

Office of the Secretary, Department of Homeland Security

President Donald Trump

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11423914) filed by MAKE THE ROAD NEW YORK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons AG, # 3 Summons Commissioner of CBP, # 4 Summons Director of ICE, # 5 Summons Director of USCIS, # 6 Summons Secretary of DHS, # 7 Summons USAO DC)(Gelernt, Lee) (Entered: 01/22/2025)

1 Civil Cover Sheet

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2 Summons AG

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3 Summons Commissioner of CBP

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4 Summons Director of ICE

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5 Summons Director of USCIS

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6 Summons Secretary of DHS

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7 Summons USAO DC

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NOTICE OF RELATED CASE by MAKE THE ROAD NEW YORK. Case related to Case No. 19-cv-02369. (Gelernt, Lee) (Entered: 01/22/2025)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MAKE THE ROAD NEW YORK (Gelernt, Lee) (Entered: 01/22/2025)

NOTICE of Appearance by Lee Gelernt on behalf of MAKE THE ROAD NEW YORK (Gelernt, Lee) (Entered: 01/22/2025)

NOTICE of Appearance by Cody H. Wofsy on behalf of MAKE THE ROAD NEW YORK (Wofsy, Cody) (Entered: 01/22/2025)

NOTICE of Appearance by Stephen Bonggyun Kang on behalf of MAKE THE ROAD NEW YORK (Kang, Stephen) (Entered: 01/22/2025)

NOTICE of Appearance by Arthur B. Spitzer on behalf of MAKE THE ROAD NEW YORK (Spitzer, Arthur) (Entered: 01/22/2025)

SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 01/23/2025)

1 Notice and Consent

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Case Assigned to Judge Jia M. Cobb. (zsl)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Hannah Steinberg, Filing fee $ 100, receipt number ADCDC-11447386. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration Attorney Declaration, # 2 Supplement Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Gelernt, Lee) (Entered: 01/31/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Morgan Russell, Filing fee $ 100, receipt number ADCDC-11447418. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration Attorney Declaration, # 2 Supplement Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Gelernt, Lee) (Entered: 01/31/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Omar Jadwat, Filing fee $ 100, receipt number ADCDC-11447439. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration Attorney Declaration, # 2 Supplement Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Gelernt, Lee) (Entered: 01/31/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sidra Mahfooz, Filing fee $ 100, receipt number ADCDC-11447446. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration Attorney Declaration, # 2 Supplement Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Gelernt, Lee) (Entered: 01/31/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Grace Choi, Filing fee $ 100, receipt number ADCDC-11447363. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration Attorney Declaration, # 2 Supplement Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Gelernt, Lee) (Entered: 01/31/2025)

1 Declaration Attorney Declaration

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2 Supplement Certificate of Good Standing

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3 Text of Proposed Order Proposed Order

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Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 9 Motion for Leave to Appear Pro Hac Vice: Attorney Grace Eunhye Choi is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on January 31, 2025. (lcjmc3)

MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice: Attorney Hannah Steinberg is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on January 31, 2025. (lcjmc3)

MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice: Attorney Morgan Russell is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on January 31, 2025. (lcjmc3)

MINUTE ORDER granting 12 Motion for Leave to Appear Pro Hac Vice: Attorney Omar Jadwat is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on January 31, 2025. (lcjmc3)

MINUTE ORDER granting 13 Motion for Leave to Appear Pro Hac Vice: Attorney Sidra Mahfooz is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on January 31, 2025. (lcjmc3)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anand Balakrishnan, Filing fee $ 100, receipt number BDCDC-11496905. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Attorney Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Gelernt, Lee) (Entered: 02/21/2025)

NOTICE of Appearance by Anand Balakrishnan on behalf of All Plaintiffs (Balakrishnan, Anand) (Entered: 02/24/2025)

NOTICE of Appearance by Sidra Mahfooz on behalf of All Plaintiffs (Mahfooz, Sidra) (Entered: 02/24/2025)

NOTICE of Appearance by Morgan Russell on behalf of All Plaintiffs (Russell, Morgan) (Entered: 02/24/2025)

NOTICE of Appearance by Omar C. Jadwat on behalf of All Plaintiffs (Jadwat, Omar) (Entered: 02/24/2025)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 14 Motion for Leave to Appear Pro Hac Vice: Attorney Anand Balakrishnan is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on February 24, 2025. (lcjmc3)

NOTICE of Appearance by Grace Choi on behalf of All Plaintiffs (Choi, Grace) (Entered: 02/25/2025)

NOTICE of Appearance by Hannah Schoen Steinberg on behalf of All Plaintiffs (Steinberg, Hannah) (Entered: 02/25/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robert Andrew Hodgson, Filing fee $ 100, receipt number ADCDC-11503974. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Attorney Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Gelernt, Lee) (Entered: 02/25/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amy Belsher, Filing fee $ 100, receipt number ADCDC-11503979. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Attorney Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Gelernt, Lee) (Entered: 02/25/2025)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 21 Motion for Leave to Appear Pro Hac Vice: Attorney Andrew Hodgson is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on February 26, 2025. (lcjmc3)

MINUTE ORDER granting 22 Motion for Leave to Appear Pro Hac Vice: Attorney Amy Belsher is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on February 26, 2025. (lcjmc3)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PETE R. FLORES served on 2/27/2025; JENNIFER B. HIGGINS served on 3/11/2025; BENJAMINE HUFFMAN served on 2/20/2025; JAMES MCHENRY served on 2/21/2025; CALEB VITELLO served on 2/20/2025 (Gelernt, Lee) Modified docket text on 3/24/2025 (zdp). (Entered: 03/19/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/21/2025., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/23/2025. ( Answer due for ALL FEDERAL DEFENDANTS by 3/24/2025.) (See docket entry 23 to view document) (zdp) (Entered: 03/21/2025)

WITHDRAWN PURSUANT TO NOTICE FILED 3/23/2025....Consent MOTION to Amend/Correct 1 Complaint, by MAKE THE ROAD NEW YORK. (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Redlined Complaint, # 3 Exhibit Proposed Order)(Balakrishnan, Anand) Modified on 3/24/2025 (zdp). (Entered: 03/21/2025)

Unopposed MOTION for Order to Proceed Under Pseudonym and to File Supporting Exhibits Under Seal by MAKE THE ROAD NEW YORK. (Attachments: # 1 Exhibit Mary Do Declaration, # 2 Exhibit John Doe Declaration, # 3 Text of Proposed Order Proposed Order)(Balakrishnan, Anand) (Entered: 03/21/2025)

Summons Returned Executed as to U.S. Attorney General AND Summons Returned Executed as to US Attorney

AMENDED COMPLAINT against PETE R. FLORES, JENNIFER B. HIGGINS, BENJAMINE HUFFMAN, JAMES MCHENRY, CALEB VITELLO filed by MAKE THE ROAD NEW YORK. (Attachments: # 1 Exhibit Red Line of Amendment)(Balakrishnan, Anand) (Entered: 03/22/2025)

NOTICE OF WITHDRAWAL OF MOTION by MAKE THE ROAD NEW YORK re 25 Consent MOTION to Amend/Correct 1 Complaint, (Balakrishnan, Anand) (Entered: 03/23/2025)

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by MAKE THE ROAD NEW YORK (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit)(Balakrishnan, Anand) (Entered: 03/24/2025)

SEALED DECLARATION filed by MAKE THE ROAD NEW YORK. re 26 Sealed Motion to Proceed Under Pseudonym,. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration)(zdp) (Entered: 03/25/2025)

Order on Motion for Order

MINUTE ORDER granting 26 Motion for Leave to Proceed Under Pseudonyms: Having considered the unopposed motion, and for good cause shown, the Court GRANTS the motion. It is hereby ORDERED that the individual Plaintiffs are given leave to proceed under the pseudonyms Mary and John, and to file their subsequent declarations under seal. Signed by Judge Jia M. Cobb on March 24, 2025. (lcjmc3)

SEALED DOCUMENT Redline Complaint filed by MAKE THE ROAD NEW YORK. re 29 Sealed Motion for Leave to File Document Under Seal, 31 Order on Sealed Motion for Leave to File Document Under Seal. (This document is SEALED and only available to authorized persons.)(zdp) (Entered: 04/11/2025)

First MOTION for Extension of Time to File Answer re 27 Amended Complaint by KRISTI NOEM, TODD LYONS, JENNIFER B. HIGGINS, PETE R. FLORES, PAM BONDI. (Attachments: # 1 Text of Proposed Order)(McGuire, Caroline) (Entered: 03/27/2025)

RESPONSE re 32 First MOTION for Extension of Time to File Answer re 27 Amended Complaint And Request to Adopt Plaintiffs' Proposed Schedule filed by MARY, JOHN, MAKE THE ROAD NEW YORK. (Balakrishnan, Anand) (Entered: 03/31/2025)

REPLY to opposition to motion re 32 Motion for Extension of Time to File Answer filed by KRISTI NOEM, TODD LYONS, JENNIFER B. HIGGINS, PETE R. FLORES, PAMELA J. BONDI. (McGuire, Caroline) (Entered: 03/31/2025)

Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines

MINUTE ORDER granting 32 Motion for Extension: Having considered the motion, and for good cause shown, the Court GRANTS the motion. It is further ORDERED that Defendants shall respond to the complaint in this action by April 18, 2025. The Court understands Plaintiffs' proposal for a schedule they believe will be more efficient, but the Court will not preclude Defendants from filing a motion to dismiss in response to Plaintiffs' complaint if that is what they choose to do. Signed by Judge Jia M. Cobb on March 31, 2025. (lcjmc3)

MOTION to Dismiss by PAMELA J. BONDI, PETE R. FLORES, JENNIFER B. HIGGINS, TODD LYONS, KRISTI NOEM. (Attachments: # 1 Text of Proposed Order)(McGuire, Caroline) (Entered: 04/18/2025)

1 Text of Proposed Order

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NOTICE of Appearance by Matt A. Crapo on behalf of IMMIGRATION REFORM LAW INSTITUTE (Crapo, Matt) (Entered: 04/25/2025)

NOTICE of Appearance by Christopher Joseph Hajec on behalf of IMMIGRATION REFORM LAW INSTITUTE (Hajec, Christopher) (Entered: 04/25/2025)

Unopposed MOTION for Leave to File Amicus Briefin support of Defendants' Motion to Dismiss by IMMIGRATION REFORM LAW INSTITUTE. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Crapo, Matt) (Entered: 04/25/2025)

1 Proposed Amicus Brief

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2 Proposed Order

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Unopposed MOTION for Extension of Time to File Response/Reply in support of Defendants' motion to dismiss by PAMELA J. BONDI, PETE R. FLORES, JENNIFER B. HIGGINS, TODD LYONS, KRISTI NOEM. (Attachments: (1) Text of Proposed Order)(McGuire, Caroline)

1 Text of Proposed Order

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Consent MOTION for Extension of Time to File Response/Reply as to [36] MOTION to Dismiss by JOHN, MAKE THE ROAD NEW YORK, MARY. (Attachments: (1) Text of Proposed Order)(Wofsy, Cody)

1 Text of Proposed Order

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AMICUS BRIEF by IMMIGRATION REFORM LAW INSTITUTE. (zdp) (Entered: 04/29/2025)

MINUTE ORDER granting 39 Motion for Leave to File Amicus Brief: Having considered Immigration Reform Law Institute's unopposed motion for leave to file a brief as amicus curiae in support of Defendants' motion to dismiss, the Court GRANTS the motion. It is further ORDERED that the proposed brief accompanying the motion, ECF 39-1, be filed. Signed by Judge Jia M. Cobb on April 28, 2025. (lcjmc3)

MINUTE ORDER granting 41 Motion for Extension: Having considered the unopposed motion, and for good cause shown, the Court GRANTS the motion. It is further ORDERED that Plaintiffs' opposition to Defendants' 36 motion to dismiss is due by May 12, 2025 and Defendants' reply is due by May 19, 2025. Signed by Judge Jia M. Cobb on April 28, 2025. (lcjmc3)

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

MINUTE ORDER granting 40 Motion for Extension: Having considered the unopposed motion, and for good cause shown, the Court GRANTS the motion. It is further ORDERED that Defendants' reply in support of their 36 motion to dismiss is due by May 13, 2025. Signed by Judge Jia M. Cobb on April 28, 2025. (lcjmc3)

NOTICE of Appearance by Aditi Shah on behalf of All Plaintiffs (Shah, Aditi)

RESPONSE re 36 MOTION to Dismiss filed by JOHN, MAKE THE ROAD NEW YORK, MARY. (Balakrishnan, Anand) (Entered: 05/12/2025)

Unopposed MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss by PAMELA J. BONDI, PETE R. FLORES, JENNIFER B. HIGGINS, TODD LYONS, KRISTI NOEM. (Attachments: # 1 Text of Proposed Order)(McGuire, Caroline) (Entered: 05/14/2025)

1 Text of Proposed Order

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MINUTE ORDER granting 45 Motion for Extension: Having considered the unopposed motion, and for good cause shown, the Court GRANTS the motion. It is further ORDERED that Defendants' reply in support of their 36 motion to dismiss is due by May 21, 2025. Signed by Judge Jia M. Cobb on May 15, 2025. (lcjmc3)

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

REPLY to opposition to motion re [36] Motion to Dismiss filed by PAMELA J. BONDI, PETE R. FLORES, JENNIFER B. HIGGINS, TODD LYONS, KRISTI NOEM. (McGuire, Caroline)

NOTICE of Appearance by Amy Belsher on behalf of All Plaintiffs (Belsher, Amy) (Entered: 05/23/2025)

NOTICE of Appearance by Robert Hodgson on behalf of All Plaintiffs (Hodgson, Robert) (Entered: 05/23/2025)

NOTICE of Appearance by Michael King Thomas Tan on behalf of All Plaintiffs (Tan, Michael) (Entered: 06/04/2025)

MOTION to Postpone Effective Date of Agency Action by MAKE THE ROAD NEW YORK. (Attachments: # 1 Memorandum in Support of Motion to Postpone Effective Date of Agency Action, # 2 Declaration of Sienna Fontaine, # 3 Declaration of Siomara Umana, # 4 Declaration of Rachel Levenson, # 5 Declaration of Ariel Sims, # 6 Declaration of Andres Cortes, # 7 Declaration of Mary Doe, # 8 Declaration of Rosanna Eugenio, # 9 Declaration of Gillian Rowland-Kain, # 10 Declaration of Lisa Koop, # 11 Declaration of Audrey Gilliam, # 12 Declaration of Vanessa Dojaquez-Torres, # 13 Declaration of Yael Schacher, # 14 Declaration of Edna Yang, # 15 Declaration of William Botsch, # 16 Declaration of Kara Hartzler, # 17 Declaration of Timothy Warden-Hertz, # 18 Declaration of Laura Lunn, # 19 Declaration of Gracie Willis, # 20 Declaration of Stacy Tolchin, # 21 Declaration of Holly Cooper, # 22 Declaration of Joanna Delfunt, # 23 Declaration of Hannah Steinberg - Part 1 (Ex. nos. 1-20), # 24 Declaration of Hannah Steinberg - Part 2 (Ex. nos. 21-41), # 25 Text of Proposed Order)(Balakrishnan, Anand) (Entered: 06/10/2025)

1 Memorandum in Support of Motion to Postpone Effective Date of Agency Action

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2 Declaration of Sienna Fontaine

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3 Declaration of Siomara Umana

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4 Declaration of Rachel Levenson

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5 Declaration of Ariel Sims

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6 Declaration of Andres Cortes

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7 Declaration of Mary Doe

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8 Declaration of Rosanna Eugenio

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9 Declaration of Gillian Rowland-Kain

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10 Declaration of Lisa Koop

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11 Declaration of Audrey Gilliam

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12 Declaration of Vanessa Dojaquez-Torres

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13 Declaration of Yael Schacher

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14 Declaration of Edna Yang

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15 Declaration of William Botsch

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16 Declaration of Kara Hartzler

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17 Declaration of Timothy Warden-Hertz

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18 Declaration of Laura Lunn

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19 Declaration of Gracie Willis

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20 Declaration of Stacy Tolchin

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21 Declaration of Holly Cooper

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22 Declaration of Joanna Delfunt

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23 Declaration of Hannah Steinberg - Part 1 (Ex. nos. 1-20)

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24 Declaration of Hannah Steinberg - Part 2 (Ex. nos. 21-41)

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25 Text of Proposed Order

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MOTION to Stay re [50] MOTION to Postpone Effective Date of Agency Action Defendants' Deadline to Respond to Plaintiffs' Motion [ECF No. 50] by PAMELA J. BONDI, PETE R. FLORES, JENNIFER B. HIGGINS, TODD LYONS, KRISTI NOEM. (Attachments: (1) Text of Proposed Order)(McGuire, Caroline)

1 Text of Proposed Order

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MINUTE ORDER: The Court ORDERS Plaintiffs to respond to Defendants' 51 motion to stay Defendants' deadline by Monday, June 16, 2025. Signed by Judge Jia M. Cobb on June 12, 2025. (lcjmc3)

~Util - Set/Reset Deadlines

RESPONSE re 51 MOTION to Stay re 50 MOTION to Postpone Effective Date of Agency Action Defendants' Deadline to Respond to Plaintiffs' Motion [ECF No. 50] filed by MAKE THE ROAD NEW YORK. (Balakrishnan, Anand) (Entered: 06/13/2025)

MINUTE ORDER denying 51 Motion to Stay: Defendants move to stay their deadline to respond to Plaintiffs' 50 motion to stay agency action pending this Court's resolution of their 36 motion to dismiss. Having considered the 51 motion, and Plaintiffs' 52 opposition, the Court DENIES the motion.

Order on Motion to Stay AND Set/Reset Deadlines

MINUTE ORDER denying 51 Motion to Stay: Defendants move to stay their deadline to respond to Plaintiffs' 50 motion to stay agency action pending this Court's resolution of their 36 motion to dismiss. Having considered the 51 motion, and Plaintiffs' 52 opposition, the Court DENIES the motion.Defendants offer two arguments in support of their motion to stay, but the Court is not persuaded by either. First, Defendants point to Plaintiffs' purported delay in filing their motion, suggesting that it undercuts Plaintiffs' assertion that they will be irreparably harmed or prejudiced by the stay. But Plaintiffs represent that they filed their motion in response to recent events, which have occurred only in the last month. So the Court cannot find that any undue delay on Plaintiffs' part justifies staying their pending request for relief. Second, Defendants argue the Court should resolve the 36 motion to dismiss first because it raises threshold issues that may result in dismissal of the case, or at least narrow the issues, before the Court need turn to Plaintiffs' 50 motion to stay. But Defendants' request that the Court potentially issue a final judgment in its favor before considering the issues on a preliminary basis on a Section 705 motion would seem to invert Section 705's textual command that a reviewing court consider a stay of the effective date of an agency action "pending conclusion of the review proceedings" whenever "necessary to prevent irreparable injury." 5 U.S.C. § 705. Plaintiffs have advanced an argument of irreparable harm, thereby triggering a Section 705 determination at this juncture. Moreover, the Court agrees with Plaintiffs that to the extent both motions present overlapping or duplicative issues, this Court can address both concurrently, as other courts have in similar circumstances. See ECF 52 at 4 (collecting cases). Accordingly, the Court further ORDERS the Parties to file, by June 18, 2025, a joint proposed briefing schedule for 50 Plaintiffs' motion to stay agency action. Signed by Jia M. Cobb on June 13, 2025. (lcjmc3)

ENTERED IN ERROR.....PROPOSED BRIEFING SCHEDULE re 50 MOTION to Postpone Effective Date of Agency Action -JOINT by PAMELA J. BONDI, PETE R. FLORES, JENNIFER B. HIGGINS, TODD LYONS, KRISTI NOEM. (Attachments: # 1 Text of Proposed Order)(McGuire, Caroline) Modified on 6/17/2025 (zdp). (Entered: 06/17/2025)

1 Text of Proposed Order

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PROPOSED BRIEFING SCHEDULE re 50 MOTION to Postpone Effective Date of Agency Action - JOINT - refiled per the Court's instructions by PAMELA J. BONDI, PETE R. FLORES, JENNIFER B. HIGGINS, TODD LYONS, KRISTI NOEM. (Attachments: # 1 Text of Proposed Order)(McGuire, Caroline) (Entered: 06/17/2025)

1 Text of Proposed Order

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.Order AND ~Util - Set/Reset Deadlines

NOTICE OF ERROR regarding 53 Proposed Briefing Schedule,. The following error(s) need correction: Incorrect court case number. Please refile. (zdp)

MINUTE ORDER: Having considered the Parties' joint statement regarding a briefing schedule for 50 Plaintiffs' motion to stay agency action, the Court hereby ORDERS the following briefing schedule: Defendants' opposition is due by June 24, 2025; and Plaintiffs' reply is due by July 1, 2025. Signed by Judge Jia M. Cobb on June 17, 2025. (lcjmc1)

Consent MOTION for Leave to File Excess Pages by PAMELA J. BONDI, PETE R. FLORES, JENNIFER B. HIGGINS, TODD LYONS, KRISTI NOEM. (Attachments: # 1 Text of Proposed Order)(McGuire, Caroline) (Entered: 06/23/2025)

1 Text of Proposed Order

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MINUTE ORDER granting 55 Motion for Leave to File Excess Pages: Having considered the unopposed motion, and for good cause shown, the Court GRANTS the motion. It is further ORDERED that Defendants may file a response to 50 Plaintiffs' motion to stay agency action that exceeds the page limit by ten pages or fewer. Signed by Judge Jia M. Cobb on June 23, 2025. (lcjmc3)

Memorandum in opposition to re 50 MOTION to Postpone Effective Date of Agency Action filed by PAMELA J. BONDI, PETE R. FLORES, JENNIFER B. HIGGINS, TODD LYONS, KRISTI NOEM. (Attachments: # 1 Text of Proposed Order)(McGuire, Caroline) (Entered: 06/24/2025)

1 Text of Proposed Order

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MINUTE ORDER Setting Hearing: The Parties are hereby ORDERED to appear for a hearing on 50 Plaintiffs' motion to stay agency action on July 9, 2025, at 10:00 AM in Courtroom 3- In Person before Judge Jia M. Cobb. Each side will have 30 minutes for argument. Signed by Judge Jia M. Cobb on June 24, 2025. (lcjmc3)

~Util - Set/Reset Hearings

Unopposed MOTION for Leave to File Excess Pages by MAKE THE ROAD NEW YORK. (Attachments: # 1 Text of Proposed Order)(Balakrishnan, Anand) (Entered: 06/30/2025)

1 Text of Proposed Order

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MINUTE ORDER granting 57 Motion for Leave to File Excess Pages: Having considered the unopposed motion, and for good cause shown, the Court GRANTS the motion. It is further ORDERED that Plaintiffs may file a reply in support of 50 their motion to stay agency action that exceeds the page limit by ten pages or fewer. Signed by Judge Jia M. Cobb on June 30, 2025. (lcjmc3)

REPLY re 56 Memorandum in Opposition, filed by MAKE THE ROAD NEW YORK. (Attachments: # 1 Exhibit 1: Yamataya Supreme Court Records)(Balakrishnan, Anand) (Entered: 07/01/2025)

1 Exhibit 1: Yamataya Supreme Court Records

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MOTION for Leave to File Amicus Briefin support of Defendants by IMMIGRATION REFORM LAW INSTITUTE. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Hajec, Christopher) (Entered: 07/01/2025)

1 Amicus Brief

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2 Proposed Order

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AMICUS BRIEF by IMMIGRATION REFORM LAW INSTITUTE. (zdp) (Entered: 07/10/2025)

MINUTE ORDER granting 59 Motion for Leave to File Amicus Brief: A district court "has broad discretion to allow amicus briefs when they provide unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide." Washington All. of Tech. Workers v. United States Dep't of Homeland Sec., 50 F.4th 164, 193 (D.C. Cir. 2022) (internal quotations and citations omitted). Immigration Reform Law Institute (IRLI), which represents that it is a public interest law firm dedicated "to assisting courts in understanding federal immigration law," requests leave to submit an amicus brief that "discusses the issues of liberty interest(s) and due process not fully addressed by Defendants," ECF 59 at 2, in response to Plaintiffs' 50 motion to postpone the effective date of agency action. Plaintiffs object that the brief is untimely, submitted after they have already filed their reply brief, so they will not have sufficient time to respond to it. Id. at 1 n.1.

MINUTE ORDER granting 59 Motion for Leave to File Amicus Brief: A district court "has broad discretion to allow amicus briefs when they provide unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide." Washington All. of Tech. Workers v. United States Dep't of Homeland Sec., 50 F.4th 164, 193 (D.C. Cir. 2022) (internal quotations and citations omitted). Immigration Reform Law Institute (IRLI), which represents that it is a public interest law firm dedicated "to assisting courts in understanding federal immigration law," requests leave to submit an amicus brief that "discusses the issues of liberty interest(s) and due process not fully addressed by Defendants," ECF 59 at 2, in response to Plaintiffs' 50 motion to postpone the effective date of agency action. Plaintiffs object that the brief is untimely, submitted after they have already filed their reply brief, so they will not have sufficient time to respond to it. Id. at 1 n.1.The Court GRANTS the motion. IRLI's brief addresses discrete issues that it contends have not been fully explored by the Parties and thus offers "unique information or perspective" that could help the Court. Washington All. of Tech. Workers, 50 F.4th at 193. Despite Plaintiffs' objection, consideration of the amicus brief will not "unduly delay the Court's ability to rule" on the pending motion. LCvR 7(o)(2). Plaintiffs can respond to IRLI's arguments at the upcoming hearing on their motion or submit a brief written response if they wish to supplement the record after the hearing. Accordingly, the Court GRANTS the 59 motion for leave to file an amicus brief. It is further ORDERED that the proposed brief accompanying the motion be filed. Signed by Judge Jia M. Cobb on July 3, 2025. (lcjmc3)

NOTICE OF SUPPLEMENTAL AUTHORITY by PAMELA J. BONDI, PETE R. FLORES, JENNIFER B. HIGGINS, TODD LYONS, KRISTI NOEM (McGuire, Caroline) (Entered: 07/04/2025)

RESPONSE re 60 NOTICE OF SUPPLEMENTAL AUTHORITY filed by MAKE THE ROAD NEW YORK. (Balakrishnan, Anand) (Entered: 07/07/2025)

Minute Entry for proceedin held on 7/9/2025 before Judge Jia M. Cobb: Motion Hearing re 50 Plaintiffs' motion to stay agency action. Both parties present and plead their arguments. This matter was taken under advisement. (Court Reporter Stacy Johns.) (zed)

NOTICE OF SUPPLEMENTAL AUTHORITY by MAKE THE ROAD NEW YORK (Attachments: # 1 Exhibit Order and Attachments, Co Tupul v. Noem)(Balakrishnan, Anand) (Entered: 08/08/2025)

1 Exhibit Order and Attachments, Co Tupul v. Noem

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