Case: Refugee and Immigrant Center for Education and Legal Services v. Noem

Refugee and Immigration Center for Education and Legal Services v. Noem

President Donald Trump

COMPLAINT against MICHAEL BANKS, PETE R. FLORES, JAMES MCHENRY, KRISTI NOEM, MARCO RUBIO, DIANE SABATINO, DONALD J. TRUMP, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CALEB VITELLO ( Filing fee $ 405 receipt number ADCDC-11452356) filed by LAS AMERICAS IMMIGRANT ADVOCACY CENTER, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons)(Harrison, Lindsay) (Entered: 02/03/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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15 Summons

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16 Summons

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NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 02/03/2025)

NOTICE of Appearance by Keren Hart Zwick on behalf of All Plaintiffs (Zwick, Keren) (Entered: 02/03/2025)

NOTICE of Appearance by Lee Gelernt on behalf of All Plaintiffs (Gelernt, Lee) (Entered: 02/03/2025)

SUMMONS(15) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 02/04/2025)

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 2/4/2025. (lcrdm2) (Entered: 02/04/2025)

NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) (Entered: 02/04/2025)

Case Assigned/Reassigned

Case Assigned to Judge Randolph D. Moss. (zmtm)

NOTICE of Appearance by Melissa E. Crow on behalf of All Plaintiffs (Crow, Melissa) (Main Document 8 replaced on 2/6/2025) (zjm). (Entered: 02/05/2025)

Notice of Provisional/Government Not Certified Status

NOTICE of Provisional/Government Not Certified Status re 8 NOTICE of Appearance by Melissa E. Crow on behalf of All Plaintiffs (Crow, Melissa) (Main Document 8 replaced on 2/6/2025) (zjm)..Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/12/2025. (zhcn)

RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 8 NOTICE of Appearance by Melissa E. Crow on behalf of All Plaintiffs (Crow, Melissa) (Main Document 8 replaced on 2/6/2025) (zjm)..Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/12/2025. (zhcn) Modified on 2/7/2025 (zhcn).

Notice of Provisional/Government Not Certified Status

MOTION to Dismiss by CALEB VITELLO, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, MARCO RUBIO, U.S. DEPARTMENT OF STATE, JAMES MCHENRY, U.S. DEPARTMENT OF JUSTICE, DONALD J. TRUMP, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY, PETE R. FLORES, MICHAEL BANKS, DIANE SABATINO, U.S. CUSTOMS AND BORDER PROTECTION. (Ward, Brian) (Entered: 02/11/2025)

NOTICE of Appearance by Brian Christopher Ward on behalf of All Defendants (Ward, Brian) (Entered: 02/11/2025)

AMENDED COMPLAINT against MICHAEL BANKS, PETE R. FLORES, JAMES MCHENRY, KRISTI NOEM, MARCO RUBIO, DIANE SABATINO, DONALD J. TRUMP, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CALEB VITELLO, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, KIKA SCOTT filed by LAS AMERICAS IMMIGRANT ADVOCACY CENTER, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, N.S., D.G., E.G., G.A., M.A., F.A., A.M., Z.A., B.R. (Attachments: # 1 Amended Complaint Redline)(Gelernt, Lee) Modified docket text on 2/20/2025 (mg). (Entered: 02/19/2025)

1 Amended Complaint Redline

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SEALED MOTION to Proceed Under Pseudonym filed by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, LAS AMERICAS IMMIGRANT ADVOCACY CENTER, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, N.S., D.G., E.G., G.A., M.A., F.A., A.M., Z.A., B.R. (Attachments: # 1 Declaration of A.M., # 2 Declaration of N.S., # 3 Declaration of D.G., # 4 Declaration of B.R., # 5 Declaration of M.A., # 6 Declaration of G.A., # 7 Declaration of F.A., # 8 Declaration of E.G., # 9 Text of Proposed Order)(Gelernt, Lee) (Entered: 02/19/2025)

MOTION to Certify Class / Plaintiffs' Motion for Class Certification With Supporting Points and Authorities by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, LAS AMERICAS IMMIGRANT ADVOCACY CENTER, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, N.S., D.G., E.G., G.A., M.A., F.A., A.M., Z.A., B.R.. (Attachments: # 1 Declaration of Melissa Crow, # 2 Declaration of Scott Michelman, # 3 Declaration of Morgan Russell, # 4 Declaration of Keren Zwick, # 5 Text of Proposed Order)(Gelernt, Lee) (Entered: 02/19/2025)

1 Declaration of Melissa Crow

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2 Declaration of Scott Michelman

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3 Declaration of Morgan Russell

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4 Declaration of Keren Zwick

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5 Text of Proposed Order

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MOTION for Preliminary Injunction by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, LAS AMERICAS IMMIGRANT ADVOCACY CENTER, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, N.S., D.G., E.G., G.A., M.A., F.A., A.M., Z.A., B.R.. (Attachments: # 1 Declaration of Javier Hidalgo, # 2 Declaration of Jennifer Babaie, # 3 Declaration of Laura St. John, # 4 Text of Proposed Order)(Gelernt, Lee) (Entered: 02/19/2025)

1 Declaration of Javier Hidalgo

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2 Declaration of Jennifer Babaie

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3 Declaration of Laura St. John

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4 Text of Proposed Order

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Emergency MOTION to Stay Removal of Individual Plaintiffs Currently Within the United States With Supporting Points and Authorities by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, LAS AMERICAS IMMIGRANT ADVOCACY CENTER, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, N.S., D.G., E.G., G.A., M.A., F.A., A.M., Z.A., B.R.. (Attachments: # 1 Text of Proposed Order - Granting Plaintiffs' Emergency Motion for Stay of Removal, # 2 Text of Proposed Order - Granting Temporary Stay of Removal Pending Resolution of Plaintiffs' Emergency Motion for Stay of Removal)(Gelernt, Lee) (Entered: 02/19/2025)

1 Text of Proposed Order - Granting Plaintiffs' Emergency Motion for Stay of

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2 Text of Proposed Order - Granting Temporary Stay of Removal Pending Resolution o

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ORDER: For the reasons stated on the record at the February 20, 2025 hearing, and for the reasons contained herein, it is hereby ORDERED that an ADMINISTRATIVE STAY is entered until 12:00 p.m. on Monday, February 24, 2025. See document for details. Signed by Judge Randolph D. Moss on 2/20/2025. (lcrdm2) (Entered: 02/20/2025)

ORDER: For the reasons contained herein, it is hereby ORDERED that Plaintiffs' motion for leave to proceed under pseudonyms and to file supporting exhibits under seal, Dkt. 12, is GRANTED. It is further ORDERED that the supporting exhibits to Dkt. 12 are DEEMED sealed. See document for details. Signed by Judge Randolph D. Moss on 2/20/2025. (lcrdm1) (Entered: 02/20/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ashley A. Harris, Filing fee $ 100, receipt number ADCDC-11493789. Fee Status: Fee Paid. by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, LAS AMERICAS IMMIGRANT ADVOCACY CENTER, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, N.S., D.G., E.G., G.A., M.A., F.A., A.M., Z.A., B.R.. (Attachments: # 1 Declaration in Support, # 2 Certificate of Good Standing, # 3 Proposed Order)(Gelernt, Lee) (Entered: 02/20/2025)

TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on 2/20/25; Page Numbers: 1-18. Date of Issuance:2/20/25. Court Reporter Sherry Lindsay, Telephone number 202-354-3053, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/13/2025. Redacted Transcript Deadline set for 3/23/2025. Release of Transcript Restriction set for 5/21/2025.(stl) (Entered: 02/20/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David A. Donatti, Filing fee $ 100, receipt number ADCDC-11493826. Fee Status: Fee Paid. by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, LAS AMERICAS IMMIGRANT ADVOCACY CENTER, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, N.S., D.G., E.G., G.A., M.A., F.A., A.M., Z.A., B.R.. (Attachments: # 1 Declaration in Support, # 2 Certificate of Good Standing, # 3 Proposed Order)(Gelernt, Lee) (Attachment 1 replaced on 2/21/2025) (zjm). (Entered: 02/20/2025)

MINUTE ORDER: In light of Plaintiffs' Emergency Motion to Stay Removal, Dkt. 15, it is hereby ORDERED that the parties shall appear for a hearing on February 20, 2025, at 10:30 a.m. in Courtroom 8. Members of the public may access the proceeding via telephone using the following information: Toll Free Number 833-990-9400; Meeting ID: 043781081. Signed by Judge Randolph D. Moss on 2/20/2025. (lcrdm2)

Order

Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 2/20/2025 re 15 Emergency MOTION to Stay Removal of Individual Plaintiffs Currently Within the United States. Oral Argument heard. Defendant to file a Response by 2/21/2025 midnight. Plaintiff to file it's Reply by 2/22/2025 midnight. Further Motion Hearing set for 2/24/2025 at 09:00 AM in Courtroom 8- In Person before Judge Randolph D. Moss (Public Line Available at 833-990-9400; Meeting ID: 043781081). Minute Order to follow. (Court Reporter Sherry Lindsay) (zglw)

Motion Hearing

RESPONSE re 15 Emergency MOTION to Stay Removal of Individual Plaintiffs Currently Within the United States With Supporting Points and Authorities And Suggestion of Mootness filed by CALEB VITELLO, PAMELA BONDI, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, MARCO RUBIO, U.S. DEPARTMENT OF STATE, JAMES MCHENRY, U.S. DEPARTMENT OF JUSTICE, DONALD J. TRUMP, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY, PETE R. FLORES, MICHAEL BANKS, DIANE SABATINO, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, KIKA SCOTT, U.S. CUSTOMS AND BORDER PROTECTION. (Ward, Brian) (Entered: 02/21/2025)

REPLY to opposition to motion re 15 Motion to Stay,, filed by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, LAS AMERICAS IMMIGRANT ADVOCACY CENTER, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, N.S., D.G., E.G., G.A., M.A., F.A., A.M., Z.A., B.R.. (Gelernt, Lee) (Entered: 02/21/2025)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice 18, it is hereby ORDERED that the motion is GRANTED. Ashley A. Harris is hereby granted leave to appear pro hac vice in this case. Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice 20, it is hereby ORDERED that the motion is GRANTED. David A. Donatti is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a)/LCrR 44.5(a). Click for Instructions. Signed by Judge Randolph D. Moss on 2/21/2025. (lcrdm2)

ORDER: For the reasons contained herein, it is hereby ORDERED that Plaintiffs' Emergency Motion to Stay Removal, Dkt. 15, is DENIED as MOOT. It is further ORDERED that Defendants shall provide the Court and Plaintiffs' counsel with at least seven days' notice before removing any of the Individual Plaintiffs from the United States during the pendency of this action. It is further ORDERED that the briefing schedule on the motion to stay removal and the hearing currently set for Monday, February 24, 2025, are VACATED. It is further ORDERED that the parties shall file a joint status report on or before February 26, 2025, at 12:00 p.m. See document for details. Signed by Judge Randolph D. Moss on 2/22/2025. (lcrdm2) (Entered: 02/22/2025)

Order on Motion to Dismiss

MINUTE ORDER: In light of Plaintiffs' Amended Complaint, Dkt. 11, it is hereby ORDERED that Defendants' Motion to Dismiss, Dkt. 10, is DENIED as MOOT. Signed by Judge Randolph D. Moss on 2/22/2025. (lcrdm2)

Joint STATUS REPORT by CALEB VITELLO, PAMELA BONDI, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, MARCO RUBIO, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF JUSTICE, DONALD J. TRUMP, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY, PETE R. FLORES, MICHAEL BANKS, DIANE SABATINO, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, KIKA SCOTT, U.S. CUSTOMS AND BORDER PROTECTION. (Ward, Brian) (Entered: 02/26/2025)

Order

MINUTE ORDER: In light of the parties' joint status report, Dkt. 24, it is hereby ORDERED that the parties' proposal is adopted. The Court will, at the parties' request, treat Plaintiffs' Motion for a Preliminary Injunction, Dkt. 14, as a motion for summary judgment and will consolidate the hearing on Plaintiffs' Motion for a Preliminary Injunction with the merits under Rule 65(a)(2). Going forward, parties shall abide by the following schedule: March 17, 2025: Defendants produce all operative guidance documents implementing the Proclamation March 24, 2025: Defendants file combined Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment; Defendants file Response to Plaintiffs' Motion for Class Certification April 7, 2025: Plaintiffs file combined Response to Defendants' Motion for Summary Judgment and Reply in Support of Plaintiffs' Motion for Summary Judgment; Plaintiffs file Reply in support of Plaintiffs' Motion for Class CertificationApril 21, 2025: Defendants file Reply in support of Defendants' Motion for Summary JudgmentIt is further ORDERED that (1) Plaintiffs' claims based on the administrative record (the portions of the Sixth Claim for Relief that raise arbitrary-and-capricious arguments under the APA and all of the Seventh Claim for Relief); (2) the deadline to provide a certified list of the contents of the administrative record under Local Civ. R. 7(n)(1); and (3) the deadline for Defendants to answer or otherwise respond to the amended complaint are held in ABEYANCE pending further order of the Court. Signed by Judge Randolph D. Moss on 2/26/2025. (lcrdm2)

NOTICE of Appearance- Pro Bono by Edith Sangueza on behalf of All Plaintiffs (Sangueza, Edith) (Entered: 02/28/2025)

NOTICE of Appearance by Robert Pauw on behalf of All Plaintiffs (Pauw, Robert) (Entered: 02/28/2025)

NOTICE of Appearance- Pro Bono by Morgan Russell on behalf of All Plaintiffs (Russell, Morgan) (Entered: 03/01/2025)

NOTICE of Appearance- Pro Bono by Richard P. Caldarone on behalf of All Plaintiffs (Caldarone, Richard) (Entered: 03/03/2025)

NOTICE of Appearance- Pro Bono by Mary Georgevich on behalf of All Plaintiffs (Georgevich, Mary) (Entered: 03/04/2025)

REQUEST FOR SUMMONS TO ISSUE filed by LAS AMERICAS IMMIGRANT ADVOCACY CENTER, E.G., A.M., Z.A., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, D.G., F.A., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, N.S., M.A., G.A., B.R.. (Attachments: # 1 Summons - U.S. Citizenship and Immigration Services, # 2 Summons - U.S. Department of State)(Gelernt, Lee) (Entered: 03/07/2025)

SUMMONS (2) Issued Electronically as to KIKA SCOTT, U.S. CITIZENSHIP AND IMMIGRATION SERVICES. (znmw) (Entered: 03/10/2025)

REQUEST FOR SUMMONS TO ISSUE filed by LAS AMERICAS IMMIGRANT ADVOCACY CENTER, E.G., A.M., Z.A., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, D.G., F.A., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, N.S., M.A., G.A., B.R..(Gelernt, Lee) (Entered: 03/10/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel Hatoum, Filing fee $ 100, receipt number ADCDC-11529814. Fee Status: Fee Paid. by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, LAS AMERICAS IMMIGRANT ADVOCACY CENTER, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, N.S., D.G., E.G., G.A., M.A., F.A., A.M., Z.A., B.R.. (Attachments: # 1 Declaration in Support, # 2 Certificate of Good Standing, # 3 Proposed Order)(Gelernt, Lee) (Attachment 1 replaced on 3/11/2025) (zjm). (Entered: 03/10/2025)

Notice of Error

Order on Motion for Leave to Appear Pro Hac Vice

NOTICE OF ERROR regarding 30 Request for Summons to Issue,. The following error(s) need correction: Third summons does not specify defendant to be served. Please refile. (znmw)

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Leave to Appear Pro Hac Vice, Dkt. 33, it is hereby ORDERED that the motion is GRANTED. Daniel Hatoum is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a)/LCrR 44.5(a). Click for Instructions. Signed by Judge Randolph D. Moss on 3/10/2025. (lcrdm2)

SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF STATE. (Attachment: # 1 Notice and Consent)(zjm) (Entered: 03/11/2025)

NOTICE of Appearance by Daniel Hatoum on behalf of All Plaintiffs (Hatoum, Daniel) (Entered: 03/12/2025)

ENTERED IN ERROR.....NOTICE OF WITHDRAWAL OF APPEARANCE as to REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, LAS AMERICAS IMMIGRANT ADVOCACY CENTER, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, N.S., D.G., E.G., G.A., M.A., F.A., A.M., Z.A., B.R.. (Hatoum, Daniel) Modified on 3/14/2025 at the request of counsel (zjm). (Entered: 03/13/2025)

ENTERED IN ERROR.....NOTICE OF WITHDRAWAL OF APPEARANCE as to REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, LAS AMERICAS IMMIGRANT ADVOCACY CENTER, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, N.S., D.G., E.G., G.A., M.A., F.A., A.M., Z.A., B.R.. (Hatoum, Daniel) Modified on 3/17/2025 (zjm). (Entered: 03/14/2025)

NOTICE of Appearance by Joseph Anton Darrow on behalf of All Defendants (Darrow, Joseph) (Entered: 03/14/2025)

Joint MOTION for Protective Order by CALEB VITELLO, PAMELA BONDI, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, MARCO RUBIO, U.S. DEPARTMENT OF STATE, JAMES MCHENRY, U.S. DEPARTMENT OF JUSTICE, DONALD J. TRUMP, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY, PETE R. FLORES, MICHAEL BANKS, DIANE SABATINO, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, KIKA SCOTT, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order Joint Stipulated Protective Order)(Darrow, Joseph) (Entered: 03/14/2025)

Notice of Error

NOTICE OF ERROR regarding 37 Notice of Withdrawal of Appearance,. The following error(s) need correction: Notice of withdrawal must be signed and filed by the withdrawing attorney and signed by the party/parties represented (LCvR 83.6(b)). (zjm)

ORDER: Upon consideration of the Joint Motion for Protective Order, Dkt. 39, it is hereby ORDERED that the motion is GRANTED. See documents for details. Signed by Judge Randolph D. Moss on 3/18/2025. (lcrdm2) (Entered: 03/18/2025)

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by CALEB VITELLO, PAMELA BONDI, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, MARCO RUBIO, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF JUSTICE, DONALD J. TRUMP, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY, PETE R. FLORES, MICHAEL BANKS, DIANE SABATINO, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, KIKA SCOTT, U.S. CUSTOMS AND BORDER PROTECTION (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit UNDER SEAL - Exhibit G to Defendants' Opposition to Plaintiffs' Motion for Class Certification, # 2 Certificate of Service, # 3 Text of Proposed Order)(Darrow, Joseph) (Entered: 03/24/2025)

NOTICE of Appearance by Katherine J. Shinners on behalf of All Defendants (Shinners, Katherine) (Entered: 03/24/2025)

Memorandum in opposition to re 13 Motion to Certify Class,, filed by CALEB VITELLO, PAMELA BONDI, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, MARCO RUBIO, U.S. DEPARTMENT OF STATE, JAMES MCHENRY, U.S. DEPARTMENT OF JUSTICE, DONALD J. TRUMP, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY, PETE R. FLORES, MICHAEL BANKS, DIANE SABATINO, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, KIKA SCOTT, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G (Redacted))(Shinners, Katherine) (Entered: 03/24/2025)

MOTION for Summary Judgment And Opposition to Plaintiffs' Motion for Summary Judgment by CALEB VITELLO, PAMELA BONDI, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, MARCO RUBIO, U.S. DEPARTMENT OF STATE, JAMES MCHENRY, U.S. DEPARTMENT OF JUSTICE, DONALD J. TRUMP, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY, PETE R. FLORES, MICHAEL BANKS, DIANE SABATINO, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, KIKA SCOTT, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Exhibit A - Updated Field Guidance for Southern Border, # 2 Exhibit B - Updated 212F Third Country, # 3 Exhibit C - CAT Assessment Instructions and Implementation Guidance, # 4 Exhibit D - Implementation of Active Executive Orders, # 5 Exhibit E - Declaration of Ihsan Gunduz, # 6 Exhibit F - Declaration of Tulsi Gabbard, # 7 Text of Proposed Order)(Darrow, Joseph) (Entered: 03/24/2025)

1 Exhibit A - Updated Field Guidance for Southern Border

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2 Exhibit B - Updated 212F Third Country

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3 Exhibit C - CAT Assessment Instructions and Implementation Guidance

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4 Exhibit D - Implementation of Active Executive Orders

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5 Exhibit E - Declaration of Ihsan Gunduz

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6 Exhibit F - Declaration of Tulsi Gabbard

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7 Text of Proposed Order

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Memorandum in opposition to re 14 Motion for Preliminary Injunction, filed by CALEB VITELLO, PAMELA BONDI, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, MARCO RUBIO, U.S. DEPARTMENT OF STATE, JAMES MCHENRY, U.S. DEPARTMENT OF JUSTICE, DONALD J. TRUMP, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY, PETE R. FLORES, MICHAEL BANKS, DIANE SABATINO, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, KIKA SCOTT, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Exhibit A - Updated Field Guidance for Southern Border, # 2 Exhibit B - Updated 212F Third Country, # 3 Exhibit C - CAT Assessment Instructions and Implementation Guidance, # 4 Exhibit D - Implementation of Active Executive Orders, # 5 Exhibit E - Declaration of Ihsan Gunduz, # 6 Exhibit F - Declaration of Tulsi Gabbard)(Darrow, Joseph) (Entered: 03/24/2025)

Notice of Provisional/Government Not Certified Status

NOTICE of Provisional/Government Not Certified Status re 43 Memorandum in opposition to re 13 Motion to Certify Class,, filed by CALEB VITELLO, PAMELA BONDI, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, MARCO RUBIO, U.S. DEPARTMENT OF STATE, JAMES MCHENRY, U.S. DEPARTMENT OF JUSTICE, DONALD J. TRUMP, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY, PETE R. FLORES, MICHAEL BANKS, DIANE SABATINO, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, KIKA SCOTT, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G (Redacted))(Shinners, Katherine).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 3/31/2025. (zhcn)

RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 43 Memorandum in opposition to re 13 Motion to Certify Class,, filed by CALEB VITELLO, PAMELA BONDI, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, MARCO RUBIO, U.S. DEPARTMENT OF STATE, JAMES MCHENRY, U.S. DEPARTMENT OF JUSTICE, DONALD J. TRUMP, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY, PETE R. FLORES, MICHAEL BANKS, DIANE SABATINO, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, KIKA SCOTT, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G (Redacted))(Shinners, Katherine).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 3/31/2025. (zhcn) 3/25/2025 (zapb).

Notice of Provisional/Government Not Certified Status

MINUTE ORDER: Upon consideration of Defendants' Motion for Leave to File Under Seal, Dkt. 41, is hereby ORDERED that the motion is GRANTED. The document attached thereto is DEEMED FILED and shall remain SEALED. Signed by Judge Randolph D. Moss on 3/25/2025. (lcrdm2)

Order on Sealed Motion for Leave to File Document Under Seal

NOTICE of Appearance by Christopher Joseph Hajec on behalf of Immigration Reform Law Institute (Hajec, Christopher) (Entered: 03/28/2025)

Unopposed MOTION for Leave to File Amicus Brief by IMMIGRATION REFORM LAW INSTITUTE. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Hajec, Christopher) (Entered: 03/28/2025)

NOTICE of Appearance by Matt A. Crapo on behalf of IMMIGRATION REFORM LAW INSTITUTE (Crapo, Matt) (Entered: 03/28/2025)

AMICUS BRIEF by IMMIGRATION REFORM LAW INSTITUTE. (zjm) (Entered: 03/31/2025)

MINUTE ORDER: The parties are hereby ORDERED to appear for a hearing on the cross-motions for summary judgment on April 29, 2025, at 2:00 p.m. in Courtroom 8. Signed by Judge Randolph D. Moss on 3/28/2025. (lcrdm2)

Order

MINUTE ORDER: Upon consideration of Immigration Reform Law Institute's unopposed motion for leave to file amicus brief, Dkt. 47, it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 3/28/2025. (lcrdm2)

AMICUS BRIEF in Support of Defendants by STATE OF TEXAS. (Greene, Garrett) (Entered: 03/31/2025)

MOTION for Summary Judgment by A.M., Z.A., B.R., D.G., E.G., F.A., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, G.A., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.A., N.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: (1) Exhibit 1 - Proposed Order Granting Plaintiffs' Motion for Summary Judgment and Permanent Injunctive Relief)(Gelernt, Lee)

1 Exhibit 1 - Proposed Order Granting Plaintiffs' Motion for Summary Judgment

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Memorandum in opposition to re [44] Motion for Summary Judgment,,, Reply in Support of Plaintiffs' Motion for Summary Judgment [51] filed by A.M., Z.A., B.R., D.G., E.G., F.A., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, G.A., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.A., N.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: (1) Exhibit 1 - Redacted 212(f) Guidance)(Gelernt, Lee)

1 Exhibit 1 - Redacted 212(f) Guidance

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REPLY to opposition to motion re [13] Motion to Certify Class,, in Support filed by A.M., Z.A., B.R., D.G., E.G., F.A., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, G.A., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.A., N.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Gelernt, Lee)

REPLY to opposition to motion re [14] Motion for Preliminary Injunction, filed by A.M., Z.A., B.R., D.G., E.G., F.A., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, G.A., M.A.. (See Docket Entry [52] to view document) (zjm)

Reply to opposition to motion

REPLY to opposition to motion re 44 Motion for Summary Judgment,,, filed by MICHAEL BANKS, PAMELA J. BONDI, PETE R. FLORES, JAMES MCHENRY, KRISTI NOEM, MARCO A. RUBIO, DIANE SABATINO, KIKA SCOTT, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CALEB VITELLO. (Shinners, Katherine) (Entered: 04/21/2025)

Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 4/29/2025 re 51 MOTION for Summary Judgment; 14 MOTION for Preliminary Injunction ; 44 MOTION for Summary Judgment and 13 MOTION to Certify Class. Oral Argument heard. For the reasons stated on the record Briefs shall be due on or before 5/6/2025 and Responses shall be filed on or before 5/9/2025. (Court Reporter Sherry Lindsay) (zglw) Modified on 4/30/2025 to correct the date from 5/16/25 to 5/6/25(zglw).

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Set/Reset Deadlines: Brief due by 5/6/2025. (zglw)

TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on 4/29/25; Page Numbers: 1-101. Date of Issuance:5/2/25. Court Reporter Sherry Lindsay, Email: Sherry_Lindsay@dcd.uscourts.gov, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/23/2025. Redacted Transcript Deadline set for 6/2/2025. Release of Transcript Restriction set for 7/31/2025.(stl) (Entered: 05/02/2025)

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by MICHAEL BANKS, PAMELA J. BONDI, PETE R. FLORES, KRISTI NOEM, MARCO A. RUBIO, DIANE SABATINO, KIKA SCOTT, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CALEB VITELLO (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Ex. A to Defendants' Supplemental Brief Concerning Mots. for Summary Judgment and Class Certification, # 2 Exhibit Ex. B to Defendants' Supplemental Brief, # 3 Exhibit Ex. C to Defendants' Supplemental Brief, # 4 Text of Proposed Order)(Shinners, Katherine) (Entered: 05/06/2025)

SUPPLEMENTAL MEMORANDUM to Motion for Summary Judgment [ECF 51] filed by A.M., Z.A., B.R., D.G., E.G., F.A., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, G.A., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.A., N.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Gelernt, Lee) (Entered: 05/06/2025)

SUPPLEMENTAL MEMORANDUM to re 44 MOTION for Summary Judgment And Opposition to Plaintiffs' Motion for Summary Judgment (Exhibits Filed Provisionally Under Seal) filed by MICHAEL BANKS, PAMELA J. BONDI, PETE R. FLORES, JAMES MCHENRY, KRISTI NOEM, MARCO A. RUBIO, DIANE SABATINO, KIKA SCOTT, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CALEB VITELLO. (Shinners, Katherine) (Entered: 05/06/2025)

SEALED Exhibits filed by MICHAEL BANKS, PAMELA J. BONDI, PETE R. FLORES, KRISTI NOEM, MARCO A. RUBIO, DIANE SABATINO, KIKA SCOTT, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CALEB VITELLO. re 44 Motion for Summary Judgment,,,. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit B, # 2 Exhibit C)(zjm) (Entered: 05/15/2025)

MINUTE ORDER: Upon consideration of Defendants' Sealed Motion for Leave to File Under Seal, Dkt. 57, it is hereby ORDERED that the motion is GRANTED. The documents attached thereto are DEEMED FILED and shall remain SEALED. Signed by Judge Randolph D. Moss on 5/7/2025. (lcrdm2)

RESPONSE re [59] Supplemental Memorandum,, filed by A.M., Z.A., B.R., D.G., E.G., F.A., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, G.A., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, M.A., N.S., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: (1) Exhibit 1 - Declaration of Keren Zwick, (2) Exhibit A)(Gelernt, Lee)

1 Exhibit 1 - Declaration of Keren Zwick

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2 Exhibit A

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RESPONSE re [58] Supplemental Memorandum, filed by MICHAEL BANKS, PAMELA J. BONDI, PETE R. FLORES, JAMES MCHENRY, KRISTI NOEM, MARCO A. RUBIO, DIANE SABATINO, KIKA SCOTT, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CALEB VITELLO. (Shinners, Katherine)

MINUTE ORDER: In light of D.C. Circuit precedent instructing that APA review "must be based on the full administrative record that was before the [agency] at the time [it] made its decision," American Bioscience, Inc. v. Thompson, 243 F.3d 579, 582 (D.C. Cir. 2001) (citation and quotation marks omitted), it is hereby ORDERED that defendants shall produce the full administrative record on or before May 23, 2025.

.Order AND ~Util - Set/Reset Deadlines