Case: National Association of Immigration Judges v. Neal

1:20-cv-00731 | U.S. District Court for the Eastern District of Virginia

Filed Date: July 1, 2020

Case Ongoing

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Case Summary

This case challenged a policy of the Executive Office for Immigration Review (EOIR) that placed restrictions on immigration judges who wished to speak or write publicly in their personal capacities about certain topics. The 2017 policy imposed a preapproval requirement on all immigration judges who wished to speak at public events in their personal capacities. The 2020 policy, which replaced the 2017 policy, said that immigration judges were prohibited from speaking in their personal capacities about immigration law or policy or about EOIR programs or policies. It also said that, for all other topics, immigration judges may speak publicly only if they obtain EOIR’s prior approval. In 2021, the EOIR revised its 2020 policy, but it maintained the prohibition and preapproval requirements of the 2020 policy.

On July 1, 2020, the National Association of Immigration Judges (NAIJ), a labor organization that represents all immigration judges employed by EOIR throughout the United States and its territories, filed this lawsuit in the U.S. District Court for the Eastern District of Virginia. The plaintiffs sued the Director of the EOIR in his official capacity. Represented by private counsel and the Knight First Amendment Institute at Columbia University, the plaintiffs sought declaratory and injunctive relief, along with reasonable costs and attorneys’ fees. They claimed that the 2020 policy and the 2017 policy, to the extent the latter remained in force, constituted prior restraints in violation of the First Amendment and were void for vagueness under the First and Fifth Amendments. The case was initially assigned to Judge T.S. Ellis, III, but it was reassigned to Judge Liam O’Grady on July 1, 2020.

On August 13, 2019, EOIR filed a petition with the Federal Labor Relations Authority (FLRA) requesting that the FLRA clarify the bargaining unit represented by the NAIJ to exclude all immigration judges because they are management officials and therefore not appropriate members of a bargaining unit under 5 U.S.C. § 7112(b)(1). The FLRA Regional Director dismissed the petition, but the FLRA granted the EOIR’s application for review and ruled that immigration judges were not entitled to engage in collective bargaining. The Regional Director refused to comply with the FLRA’s order, even after the FLRA denied the NAIJ’s motion for reconsideration.

On July 1, 2020, the plaintiffs filed a motion for a preliminary injunction against enforcement of the 2020 and 2017 policies. The case was reassigned to Judge Liam O’Grady on the same day. On August 6, 2020, the court denied plaintiff’s motion. The court found that the plaintiffs could not show likelihood of success on the merits because Congress precluded jurisdiction over the claim through the Federal Service Labor-Management Relations Statute (FSL-MRS). On August 7, 2020, the plaintiffs appealed the district court’s denial of their motion for a preliminary injunction to the U.S. Court of Appeals for the Fourth Circuit (20-1868). On August 13, 2020, the plaintiffs filed a motion in district court to stay the proceedings pending their appeal, and the district court granted the motion.

On April 4, 2022, the Fourth Circuit affirmed the district court’s denial of the plaintiffs’ motion for a preliminary injunction and remanded with instructions to dismiss the action without prejudice. The court found that because the FLRA Regional Director was still not complying with the FLRA’s order, the NAIJ still formally represented the non-supervisory immigration judges. As such, the court determined that the NAIJ was required to proceed through the administrative process provided by the FSL-MRS until the Regional Director complied with the FLRA’s order or the FLRA itself decertified the NAIJ as a union.

On April 15, 2022, the FLRA Regional Director issued a Revocation of Certification of the NAIJ as a union. As a result, the Fourth Circuit granted the plaintiff’s motion for rehearing and remanded for further proceedings as appropriate. On August 17, 2022, the case was reassigned to Judge Leonie M. Brinkema.

On August 18, 2022, the plaintiffs filed an amended complaint. The complaint challenged the EOIR’s 2021 policy, under which immigration judges remained banned from speaking as private citizens about immigration or the EOIR and were still required to seek agency preapproval before speaking about other topics. Seeking declaratory and injunctive relief, along with reasonable costs and attorneys’ fees, the plaintiff sued the Director of the EOIR in his official capacity. They alleged that the 2021 policy constituted a prior restraint in violation of the First Amendment and was void for vagueness under the First and Fifth Amendments.

On October 7, 2022, the defendant filed a motion to dismiss the plaintiff’s amended complaint, and the district court granted the motion for reasons stated in open court. The court gave the NAIJ leave to amend its complaint, and the NAIJ filed a second amended complaint on January 9, 2023. The defendant then moved to dismiss the plaintiff’s second amended complaint on February 1, 2023. The district court granted the motion on September 21, 2023. 693 F.Supp.3d 549. The court determined that Congress intended the statutory scheme under the Civil Service Reform Act of 1978 (CSRA) to preclude district court jurisdiction over the plaintiff’s claim. The court entered judgment in favor of the defendant.

On November 19, 2023, the plaintiffs appealed the district court’s grant of the defendant’s motion to dismiss the second amended complaint to the Fourth Circuit. Judges Pamela A. Harris, Toby J. Heytens, and Nicole G. Berner heard oral argument on December 11, 2024.

On June 3, 2025, the Fourth Circuit vacated the dismissal and remanded to the district court to engage in fact-finding about whether the district court could properly exercise jurisdiction over the claims at issue. 139 F.4th 293. The court wrote that the Trump Administration's many actions to undermine the independence and functioning of those administrative procedures might change the appropriate outcome in this case. While the Fourth Circuit accepted that the "Supreme Court has recognized that the CSRA, when functioning as Congress intended, was designed to strip district courts of jurisdiction," it added, "[t]hat conclusion can only be true, however, when the statute functions as Congress intended." Given that President Trump removed the Special Counsel and two members of the MSPB, which now lacks a quorum, the court said it was an open question as to whether the CSRA could function as intended. The court concluded, therefore, that since the plaintiffs' claims were ones that Congress intended to be reviewed within the CSRA rather than the courts, the question remaining was a factual one to be determined by the district court: whether the statute's function has been so disrupted as to allow it to properly exercise jurisdiction.

The defendant sought rehearing en banc on August 18, 2025, which the Fourth Circuit denied on November 20. On November 24, the defendant sought a stay of the mandate pending an appeal to the Supreme Court. The Fourth Circuit denied the stay on December 3, 2025. 2025 WL 3240932. However, on December 5, the defendant petitioned the Supreme Court for a stay on the grounds the Fourth Circuit defied the party presentation principle in adopting a jurisdictional theory that the plaintiffs had conceded, and built on their arguments made before the lower court. On the same day, Chief Justice Roberts granted the stay of the mandate pending further order by him or the Supreme Court, and ordered the respondent-plaintiff to respond by December 10th. 2025 WL 3493401. After submissions from both parties, on December 19, 2025, the Supreme Court denied the application for a stay, vacating its previous order (from December 5), reasoning that, at this stage, the defendant had not demonstrated that the government would suffer irreparable harm without a stay. It explained that the denial was without prejudice to a reapplication if the district court commences discovery proceedings before the disposition of the forthcoming petition for a writ of certiorari.

The defendant petitioned for a writ of certiorari to the Supreme Court on December 23, 2025. U.S. Senator for North Carolina Ted Budd submitted an amicus brief in support of the defendant on January 30, 2026. On May 26, 2026, the Supreme Court granted certiorari, reversed the Fourth Circuit’s decision, and remanded the case for further proceedings in line with the judgment. 608 U.S. —; 146 S.Ct. 1285. It held that the Fourth Circuit violated the party presentation principle by considering sua sponte a broader argument and issue, that the legal challenges to MSPB bring up questions of congressional intent that are not claims covered by the CSRA, rather than the narrower issue presented by the plaintiffs, that plaintiffs’ specific claims should not be covered under the CSRA and should be able to proceed in the district court. The Supreme Court’s judgment issued on June 29, 2026.

On June 29, the Fourth Circuit reopened the case. That day, the plaintiffs moved to set a briefing schedule. The defendant filed his opposition to the motion to set a briefing schedule on July 7, arguing that the Supreme Court decision disposed of all issues remaining in the case.

This case is ongoing in the Fourth Circuit.

Summary Authors

Jason Bondurant (8/10/2026)

Connor Mulvena (2/25/2025)

Clearinghouse (6/4/2025)

Jeremiah Price (6/20/2025)

Jack Moore (12/8/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17313427/parties/national-association-of-immigration-judges-v-daren-k-margolin/

Judge(s)

Brinkema, Leonie M. (Virginia)

Attorney for Plaintiff

Abdo, Alexander Abraham (Virginia)

Attorney for Defendant

Attorney, Jessica D. (Virginia)

Attorney, Erik Sean (Virginia)

Boynton, Brian

Expert/Monitor/Master/Other

Judge(s)

Brinkema, Leonie M. (Virginia)

Attorney for Plaintiff

Abdo, Alexander Abraham (Virginia)

Glasberg, Victor Michael (Virginia)

Grand, Abigail Sophia (Virginia)

Kim, Stephany (Virginia)

Krent, Stephanie

Krishnan, Ramya (Virginia)

Morones, Alyssa

Ramirez, Alexia Rae (Virginia)

Rodriguez, Nickera Simone (Virginia)

Wang, Xiangnong (Virginia)

Attorney for Defendant

Attorney, Jessica D. (Virginia)

Attorney, Erik Sean (Virginia)

Boynton, Brian

Clark, Jeffrey B.

General, Brian Boynton, (Virginia)

General, Brett A. (Virginia)

Mezger, Matthew J. (Virginia)

Raab, Michael (Virginia)

Retired, Jessica D.

Terwilliger, G. Zachary

Utrecht, Jennifer L. (Virginia)

Yang, Catherine M. (Virginia)

Other

Counsel, Allison Conrey

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

23-02235	United States Court of Appeals for the Fourth Circuit Docket Daren K. Margolin, Director of the Executive Office for Immigration Review, Applicant v. National Association of Immigration Judges U.S. Court of Appeals for the Fourth Circuit	Dec. 5, 2025	Dec. 5, 2025 Docket
1 1:20-cv-00731	Complaint for Declaratory and Injunctive Relief National Association of Immigration Judges v. McHenry	July 1, 2020	July 1, 2020 Complaint
2 1:20-cv-00731	Complaint Attachments	July 1, 2020	July 1, 2020 Complaint
3 1:20-cv-00731	Memorandum of Understanding Regarding Eoir's Speaking Engagement Policy	July 1, 2020	July 1, 2020 Pleading / Motion / Brief
31 1:20-cv-00731	Order National Association of Immigration Judges v. McHenry	Aug. 6, 2020	Aug. 6, 2020 Order/Opinion
37 1:20-cv-00731	Order Granting Plaintiffs' Motion to Stay Proceedings Pending Appeal National Association of Immigration Judges v. McHenry	Aug. 14, 2020	Aug. 14, 2020 Order/Opinion
39 1:20-cv-00731	Order National Association of Immigration Judges v. McHenry U.S. Court of Appeals for the Fourth Circuit	April 26, 2021	April 26, 2021 Order/Opinion
40 1:20-cv-00731	Opinion U.S. Court of Appeals for the Fourth Circuit	April 4, 2022	April 4, 2022 Order/Opinion 2022 WL 997223
42 1:20-cv-00731	Temporary Stay Mandate U.S. Court of Appeals for the Fourth Circuit	April 28, 2022	April 28, 2022 Order/Opinion
43 1:20-cv-00731	Order U.S. Court of Appeals for the Fourth Circuit	June 7, 2022	June 7, 2022 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17313427/national-association-of-immigration-judges-v-daren-k-margolin/

Last updated July 22, 2026, 4:50 a.m.

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ECF Number	Date	Description	Link
1	July 1, 2020	Complaint ( Filing fee $ 400, receipt number 0422-7278084.), filed by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Glasberg, Victor) (Entered: 07/01/2020) 1 Civil Cover Sheet Civil Cover Sheet View on RECAP	Clearinghouse
2	July 1, 2020	EXHIBIT Attachment 1 to Complaint by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers.. (Glasberg, Victor) (Entered: 07/01/2020)	Clearinghouse
3	July 1, 2020	EXHIBIT Attachment 2 to Complaint by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers.. (Glasberg, Victor) (Entered: 07/01/2020)	Clearinghouse
4	July 1, 2020	EXHIBIT Attachment 3 to Complaint (Parts 1 & 2) by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers.. (Attachments: # 1 Attachment 3 (Pages 5-7))(Glasberg, Victor) (Entered: 07/01/2020) 1 Attachment 3 (Pages 5-7) View on PACER	RECAP
5	July 1, 2020	Motion to appear Pro Hac Vice by Alexander Abraham Abdo and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-7278334. by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Glasberg, Victor) Modified on 10/28/2022 (nneb, ). (Entered: 07/01/2020)	RECAP
6	July 1, 2020	Motion to appear Pro Hac Vice by Stephanie Clara Krent and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-7278351. by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Glasberg, Victor) (Entered: 07/01/2020)	RECAP
7	July 1, 2020	Motion to appear Pro Hac Vice by Ramya Krishnan and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-7278377. by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Glasberg, Victor) Modified on 10/28/2022 (nneb, ). (Entered: 07/01/2020)	RECAP
8	July 1, 2020	Proposed Summons by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Glasberg, Victor) (Entered: 07/01/2020)	RECAP
9	July 1, 2020	MOTION for Preliminary Injunction by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Glasberg, Victor) (Entered: 07/01/2020)	RECAP
10	July 1, 2020	Memorandum in Support re 9 MOTION for Preliminary Injunction filed by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Glasberg, Victor) (Entered: 07/01/2020)	RECAP
11	July 1, 2020	Declaration re 9 MOTION for Preliminary Injunction, 10 Memorandum in Support Declaration of Laura Lynch by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Glasberg, Victor) (Entered: 07/01/2020)	RECAP
12	July 1, 2020	Declaration re 9 MOTION for Preliminary Injunction, 10 Memorandum in Support Declaration of A. Ashley Tabaddor by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M)(Glasberg, Victor) (Entered: 07/01/2020) 1 Exhibit Exhibit A View on RECAP 2 Exhibit Exhibit B View on PACER 3 Exhibit Exhibit C View on PACER 4 Exhibit Exhibit D View on PACER 5 Exhibit Exhibit E View on PACER 6 Exhibit Exhibit F View on PACER 7 Exhibit Exhibit G View on PACER 8 Exhibit Exhibit H View on PACER 9 Exhibit Exhibit I View on PACER 10 Exhibit Exhibit J View on PACER 11 Exhibit Exhibit K View on PACER 12 Exhibit Exhibit L View on PACER 13 Exhibit Exhibit M View on PACER	RECAP
13	July 1, 2020	NOTICE by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers re 9 MOTION for Preliminary Injunction, 11 Declaration, 12 Declaration,, 10 Memorandum in Support Notice of Intent to Set Hearing Date (Glasberg, Victor) (Entered: 07/01/2020)	RECAP
14	July 1, 2020	NOTICE by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers re 9 MOTION for Preliminary Injunction Proposed Order (Glasberg, Victor) (Entered: 07/01/2020)	RECAP
15	July 1, 2020	CERTIFICATE OF SERVICE by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers re 9 MOTION for Preliminary Injunction, 13 NOTICE, 12 Declaration,, 14 NOTICE, 10 Memorandum in Support (Glasberg, Victor) (Entered: 07/01/2020)	RECAP
16	July 1, 2020	Proposed Summons William Barr by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Glasberg, Victor) (Entered: 07/01/2020)	RECAP
17	July 1, 2020	Proposed Summons Civil Process Clerk, U.S. Attorney's Office by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Glasberg, Victor) (Entered: 07/01/2020)	RECAP
18	July 1, 2020	Summons Issued as to James R. McHenry, III, in his official capacity as Director of the exeecutive Office for Immigration Review, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice)(dvanm, ) (Entered: 07/01/2020)	RECAP
19	July 1, 2020	Notice of Hearing Date set for July 31, 2020 re 9 MOTION for Preliminary Injunction, 10 Memorandum in Support (Glasberg, Victor) (Entered: 07/01/2020)	RECAP
20	July 1, 2020	CERTIFICATE of Service Supplemental re 9 MOTION for Preliminary Injunction, 11 Declaration, 19 Notice of Hearing Date, 13 NOTICE, 12 Declaration,, 14 NOTICE, 10 Memorandum in Support, 15 Certificate of Service, by Victor Michael Glasberg on behalf of National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers (Glasberg, Victor) (Entered: 07/01/2020)	RECAP
	July 1, 2020	Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge John F. Anderson. (dvanm, )
	July 1, 2020	Notice of Correction re 8 Proposed Summons. The filing user has been notified to file summons for the US Attorney and Attorney General. (dvanm, )
	July 1, 2020	Case Reassigned to District Judge Liam O'Grady. District Judge T. S. Ellis, III no longer assigned to the case. (rban, )
	July 6, 2020	Set Deadlines as to 9 MOTION for Preliminary Injunction . Motion Hearing set for 7/31/2020 at 10:00 AM via Teleconferencebefore District Judge Liam O'Grady. (clar, )
21	July 8, 2020	SUMMONS Returned Executed by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers James R. McHenry, III, in his official capacity as Director of the exeecutive Office for Immigration Review served on 7/2/2020, answer due 8/31/2020 (Glasberg, Victor) Modified to correct answer due date on 7/9/2020 (dvanm, ). (Entered: 07/08/2020)	RECAP
22	July 8, 2020	SUMMONS Returned Executed by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers (Glasberg, Victor) (Entered: 07/08/2020)	RECAP
23	July 8, 2020	SUMMONS Returned Executed by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers James R. McHenry, III, in his official capacity as Director of the exeecutive Office for Immigration Review served on 7/6/2020, answer due 8/31/2020 (Glasberg, Victor) Modified to correct answer due date on 7/9/2020 (dvanm, ). (Entered: 07/08/2020)	RECAP
24	July 9, 2020	NOTICE of Appearance by Catherine M. Yang on behalf of James R. McHenry, III, in his official capacity as Director of the exeecutive Office for Immigration Review (Yang, Catherine) (Entered: 07/09/2020)	RECAP
25	July 9, 2020	Consent MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Preliminary Injunction by James R. McHenry, III, in his official capacity as Director of the exeecutive Office for Immigration Review. (Attachments: # 1 Proposed Order)(Yang, Catherine) (Entered: 07/09/2020) 1 Proposed Order View on PACER	RECAP
26	July 9, 2020	ORDERED that Defendant's motion is GRANTED; and Defendant shall file his response to Plaintiff's motion for preliminary injunction by July 20, 2020. Signed by District Judge Liam O'Grady on 07/09/2020. (dvanm, ) (Entered: 07/09/2020)	RECAP
27	July 20, 2020	Memorandum in Opposition re 9 MOTION for Preliminary Injunction filed by James R. McHenry, III. (Attachments: # 1 DEX 1, # 2 DEX 2, # 3 DEX 3, # 4 DEX 4, # 5 DEX 5)(Yang, Catherine) (Entered: 07/20/2020)	RECAP
28	July 27, 2020	Reply in Support re 9 Motion For A Preliminary Injunction filed by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Glasberg, Victor) Modified on 7/29/2020 (aott, ). (Entered: 07/27/2020)	RECAP
29	July 27, 2020	Declaration Supplemental Declaration of A. Ashley Tabaddor by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Attachments: # 1 Exhibit Exhibit N, # 2 Exhibit Exhibit O)(Glasberg, Victor) (Entered: 07/27/2020) 1 Exhibit Exhibit N View on RECAP 2 Exhibit Exhibit O View on RECAP	RECAP
30	July 31, 2020	Minute Entry for proceedings held before District Judge Liam O'Grady:Motion Hearing held on 7/31/2020 re 9 MOTION for Preliminary Injunction filed by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. Plaintiff appeared through Victor Glasberg and Ramya Krishnan. Defendant appeared through Catherine Yang and Kevin Hancock. Counsel present arguments. Court takes matter under advisement. (Court Reporter S. Wallace.)(awac, ) (Entered: 07/31/2020)	RECAP
31	Aug. 6, 2020	ORDER denying 9 Motion for Preliminary Injunction. Signed by District Judge Liam O'Grady on 8/6/2020. (awac, ) (Entered: 08/07/2020)	Clearinghouse
32	Aug. 7, 2020	NOTICE OF APPEAL by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. Filing fee $ 505, receipt number 0422-7341608. (Glasberg, Victor) (Entered: 08/07/2020)	RECAP
33	Aug. 10, 2020	Transmission of Notice of Appeal to US Court of Appeals re 32 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (dvanm, ) (Entered: 08/10/2020)	RECAP
	Aug. 10, 2020	Assembled INITIAL Electronic Record Transmitted to 4CCA re 32 Notice of Appeal (dvanm, )
34	Aug. 12, 2020	USCA Case Number 20-1868 4th CCA, case manager Michael Radday, for 32 Notice of Appeal filed by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (dvanm, ) (Entered: 08/12/2020)	RECAP
35	Aug. 13, 2020	MOTION to Stay Consent Motion to Stay Proceedings Pending Appeal by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Attachments: # 1 Certificate of Service, # 2 Proposed Order)(Glasberg, Victor) (Entered: 08/13/2020)	RECAP
36	Aug. 14, 2020	Waiver of re 35 MOTION to Stay Consent Motion to Stay Proceedings Pending Appeal Waiver of Hearing by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers (Glasberg, Victor) (Entered: 08/14/2020)	RECAP
37	Aug. 14, 2020	ORDER granting 35 Motion to Stay. It is further ORDERED that the parties shall file a joint status report within fourteen days of the issuance of a mandate from the U.S. Court of Appeals for the Fourth Circuit. Signed by District Judge Liam O'Grady on 08/14/2020. (dvanm, ) (Entered: 08/14/2020)	Clearinghouse
38	Aug. 15, 2020	TRANSCRIPT of proceedings for dates of 7-31-20, before Judge Liam O'Grady, re 34 USCA Case Number Court Reporter Scott Wallace, Telephone number 202-277-3739. NOTICE RE REDACTION OF TRANCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Does this satisfy all appellate orders for this reporter? y Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained from the court reporter or through PACER. Redaction Request due 9/14/2020. Redacted Transcript Deadline set for 10/15/2020. Release of Transcript Restriction set for 11/13/2020.(wallace, scott) (Entered: 08/15/2020)	RECAP
39	April 26, 2021	ORDER of USCA as to 32 Notice of Appeal filed by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. This case was previously scheduled for oral argument. Upon consideration of appellees consent motion to stay appeal, the court grants the motion, removes the case from the argument calendar and places this case in abeyance to allow the new Executive Office for Immigration Review and Department of Justice leadership officials sufficient time to become familiar with the issues on appeal and determine how they wish to proceed. The parties are directed to file a status report 60 days from the date of this order. (dvanm, ) (Entered: 04/27/2021)	Clearinghouse
40	April 4, 2022	Opinion of USCA, decided on 04/04/2022 in re 32 Notice of Appeal attached copy of judgment will not take effect until issuance of the mandate; Affirmed and Remanded with Instructions. (jlan) (Entered: 04/07/2022)	Clearinghouse
41	April 4, 2022	USCA JUDGMENT as to 32 Notice of Appeal filed by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. In accordance with the decision of this court, the district court's order dated August 6, 2020, is affirmed. This case is remanded to the district court with instructions consistent with the court's decision. The judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (jlan) (Entered: 04/07/2022)	RECAP
42	April 28, 2022	Temporary Stay of Mandate in re 32 Notice of Appeal. Under Fed. R. App. P. 41(b), the filing of a timely petition for rehearing or rehearing en banc stays the mandate until the court has ruled on the petition. In accordance with Rule 41(b), the mandate is stayed pending further order of this court. (kgall) (Entered: 04/28/2022)	Clearinghouse
43	June 7, 2022	ORDER of USCA as to 32 Notice of Appeal that we grant the motion for rehearing, vacate the district court's order of August 6, 2020 and remand for further proceedings as appropriate. (jlan) (Entered: 06/07/2022)	Clearinghouse
44	June 7, 2022	USCA JUDGMENT as to 32 Notice of Appeal. In accordance with the decision of this court, the district court order entered August 6, 2020, is vacated. This case is remanded to the district court for further proceedings consistent with the court's decision. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (jlan) (Entered: 06/07/2022)	RECAP
45	Aug. 1, 2022	USCA Mandate in re 32 Notice of Appeal. The judgment of this court, entered June 7, 2022, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rule of Appellate Procedure. (kgall) (Entered: 08/01/2022)	RECAP
46	Aug. 15, 2022	Joint MOTION for Entry of Proposed Briefing Schedule (Joint Status Report) by James R. McHenry, III. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 08/15/2022)	RECAP
	Aug. 17, 2022	Case Reassigned to District Judge Leonie M. Brinkema. District Judge Liam O'Grady no longer assigned to the case. (jlan)
47	Aug. 18, 2022	AMENDED COMPLAINT for Declaratory and Injunctive Relief against James R. McHenry, III, filed by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers.(Glasberg, Victor) (Entered: 08/18/2022)	Clearinghouse
48	Aug. 18, 2022	ORDER granting 46 Joint Motion for Entry of Proposed Briefing Schedule (See Order for Details). Signed by District Judge Leonie M. Brinkema on 8/18/2022. (show) (Entered: 08/19/2022)	RECAP
49	Oct. 7, 2022	MOTION to Dismiss Amended Complaint by James R. McHenry, III. (Mezger, Matthew) (Entered: 10/07/2022)	RECAP
50	Oct. 7, 2022	Memorandum in Support re 49 MOTION to Dismiss Amended Complaint filed by James R. McHenry, III. (Attachments: # 1 Exhibit Ex. A)(Mezger, Matthew) (Entered: 10/07/2022) 1 Exhibit Ex. A View on RECAP	RECAP
51	Oct. 7, 2022	Notice of Hearing Date re 50 Memorandum in Support, 49 MOTION to Dismiss Amended Complaint (Mezger, Matthew) (Entered: 10/07/2022)	RECAP
	Oct. 7, 2022	Set Deadlines as to 49 MOTION to Dismiss Amended Complaint. Motion Hearing set for 12/2/2022 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, )
52	Oct. 27, 2022	Motion to appear Pro Hac Vice by Alyssa Sarah Morones and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number AVAEDC-8632136. by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Glasberg, Victor) (Entered: 10/27/2022)	RECAP
53	Oct. 27, 2022	ORDER denying 52 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 10/27/2022. (nneb) (Entered: 10/27/2022)	RECAP
54	Oct. 28, 2022	ORDER granting 5 Motion for Pro hac vice Appointed Alexander Abraham Abdo for National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. Signed by District Judge Leonie M. Brinkema on 10/28/2022. (nneb) (Entered: 10/28/2022)	RECAP
55	Oct. 28, 2022	ORDER granting 7 Motion for Pro hac vice Appointed Ramya Krishnan for National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. Signed by District Judge Leonie M. Brinkema on 10/28/2022. (nneb) (Entered: 10/28/2022)	RECAP
56	Oct. 31, 2022	Memorandum in Opposition re 49 MOTION to Dismiss Amended Complaint filed by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Glasberg, Victor) (Entered: 10/31/2022)	RECAP
57	Nov. 10, 2022	Consent MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Dismiss Amended Complaint by James R. McHenry, III. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 11/10/2022)	RECAP
58	Nov. 10, 2022	ORDER granting 57 Motion for Extension of Time to File Response/Reply. ORDERED that Defendant will file his reply brief in support of his motion to dismiss on or before November 16, 2022. Signed by District Judge Leonie M. Brinkema on 11/10/2022. (show) (Entered: 11/10/2022)	RECAP
59	Nov. 16, 2022	REPLY to Response to Motion re 49 MOTION to Dismiss Amended Complaint filed by James R. McHenry, III. (Mezger, Matthew) (Entered: 11/16/2022)	RECAP
60	Nov. 29, 2022	ORDER: Due to docket congestion, it is necessary to change the time of the hearing on defendant's Motion to Dismiss [Dkt. No. 49]. Accordingly, it is hereby ORDERED that the hearing currently scheduled for Friday, December 2, 2022 at 10:00 a.m. be and is RESCHEDULED to Friday, December 2, 2022 at 9:00 a.m. Motion Hearing as to 49 MOTION to Dismiss Amended Complaint RESET for 12/2/2022 at 09:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema.. Signed by District Judge Leonie M. Brinkema on 11/29/22. (yguy) (Entered: 11/29/2022)	RECAP
61	Dec. 2, 2022	Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 12/2/2022. Appearances of counsel. Deft's 49 MOTION to Dismiss Amended Complaintis is argued and GRANTED without prejudice. (order to follow) (Court Reporter S. Austin.)(yguy) (Entered: 12/02/2022)	RECAP
62	Dec. 2, 2022	ORDER: For the reasons stated in open court, defendant's Motion to Dismiss [Dkt. No. 49] is GRANTED, and it is hereby ORDERED that the Amended Complaint [Dkt. No. 47] be and is DISMISSED WITHOUT PREJUDICE. Plaintiff has leave to amend the complaint within forty-five (45) days of this Order. Signed by District Judge Leonie M. Brinkema on 12/2/22. (yguy) (Entered: 12/02/2022)	Clearinghouse
63	Jan. 6, 2023	Motion to appear Pro Hac Vice by Alexia Rae Ramirez and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number AVAEDC-8740773. by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Glasberg, Victor) (Entered: 01/06/2023)	RECAP
64	Jan. 6, 2023	ORDER granting 63 Motion for Pro hac vice Appointed Alexia Rae Ramirez for National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. Signed by District Judge Leonie M. Brinkema on 1/6/2023. (swil) (Entered: 01/06/2023)	RECAP
65	Jan. 9, 2023	AMENDED COMPLAINT Second Amended Complaint for Declaratory and Injunctive Relief, filed by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Attachments: # 1 Attachment #1, # 2 Attachment #2, # 3 Attachment #3)(Glasberg, Victor) Modified docket text on 1/10/2023 (show). (Entered: 01/09/2023)	Clearinghouse
66	Jan. 10, 2023	Consent MOTION for Extension of Time to File Response/Reply as to 65 Amended Complaint, by James R. McHenry, III. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 01/10/2023) 1 Proposed Order View on PACER	RECAP
67	Jan. 10, 2023	ORDER granting 66 Motion for Extension of Time to File Response/Reply. ORDERED that Defendant will file his responsive pleading to the Second Amended Complaint on or before February 1, 2023. Signed by District Judge Leonie M. Brinkema on 01/10/2023. (wgar) (Entered: 01/10/2023)	RECAP
68	Feb. 1, 2023	MOTION to Dismiss Second Amended Complaint by James R. McHenry, III. (Mezger, Matthew) (Entered: 02/01/2023)	RECAP
69	Feb. 1, 2023	Memorandum in Support re 68 MOTION to Dismiss Second Amended Complaint filed by James R. McHenry, III. (Mezger, Matthew) (Entered: 02/01/2023)	RECAP
70	Feb. 1, 2023	Notice of Hearing Date re 68 MOTION to Dismiss Second Amended Complaint, 69 Memorandum in Support (Mezger, Matthew) (Entered: 02/01/2023)	RECAP
	Feb. 3, 2023	Set Deadline as to 68 MOTION to Dismiss Second Amended Complaint. Motion Hearing set for 3/10/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, )
71	Feb. 10, 2023	NOTICE of Appearance by Nickera Simone Rodriguez on behalf of National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers (Rodriguez, Nickera) (Entered: 02/10/2023)	RECAP
72	Feb. 15, 2023	Opposition to 68 MOTION to Dismiss Second Amended Complaint, 69 Memorandum in Support filed by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Glasberg, Victor) (Entered: 02/15/2023)	RECAP
73	Feb. 21, 2023	REPLY to Response to Motion re 68 MOTION to Dismiss Second Amended Complaint filed by James R. McHenry, III. (Mezger, Matthew) (Entered: 02/21/2023)	RECAP
	Feb. 24, 2023	Notice of Correction: The filing user has been notified that recent filing has a case number, caption, and/or style that does not correspond to the case in which you filed in re 73 Reply to Response to Motion. (show)
74	March 10, 2023	Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 3/10/2023. Appearances of counsel. Deft 68 MOTION to Dismiss Second Amended Complaint is argued and TAKEN UNDER ADVISEMENT. (Court Reporter S. Austin.)(yguy) (Entered: 03/10/2023)	RECAP
75	April 17, 2023	NOTICE by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers of Filing of New Authority (Attachments: # 1 Exhibit Opinion in Axon v. FTC, # 2 Exhibit Opinion in Menders v. Loudoun Co. Sch. Bd.)(Glasberg, Victor) (Entered: 04/17/2023) 1 Exhibit Opinion in Axon v. FTC View on RECAP 2 Exhibit Opinion in Menders v. Loudoun Co. Sch. Bd. View on RECAP	RECAP
76	April 18, 2023	Response to 75 NOTICE, filed by David L. Neal. (Mezger, Matthew) (Entered: 04/18/2023)	RECAP
77	Sept. 21, 2023	MEMORANDUM OPINION in re [Dkt. No. 68] MOTION to Dismiss Second Amended Complaint. Signed by District Judge Leonie M. Brinkema on 9/21/2023. (Dest)	Clearinghouse
78	Sept. 21, 2023	ORDERED that for the reasons stated in the accompanying Memorandum Opinion, defendant's Motion to Dismiss [Dkt. No. 68] is GRANTED, and it is hereby ORDERED that judgment be and is entered in favor of defendant (see Order for further details). Signed by District Judge Leonie M. Brinkema on 9/21/2023. (Dest) (Entered: 09/21/2023)	Clearinghouse
79	Sept. 21, 2023	CLERK'S JUDGMENT is hereby entered in accordance with Rule 58 of the Federal Rules of Civil Procedure in favor defendant David L. Neal, in his official capacity as Director of the Executive Office of Immigration Review, and against plaintiff National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. Entered by Clerk on 9/21/2023. (Dest) (Entered: 09/21/2023)	RECAP
80	Nov. 19, 2023	NOTICE OF APPEAL by National Association of Immigration Judges. Filing fee $ 505, receipt number AVAEDC-9227258. (Glasberg, Victor) (Entered: 11/19/2023)	RECAP
81	Nov. 27, 2023	Transmission of Notice of Appeal to US Court of Appeals re 80 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (Dest) (Entered: 11/27/2023)	RECAP
82	Nov. 29, 2023	USCA Case Number 23-2235 4th Circuit, Case Manager Rachel Phillips for 80 Notice of Appeal filed by National Association of Immigration Judges. (Dest) (Entered: 11/30/2023)	RECAP
83	June 3, 2025	Published Opinion of USCA, decided on 6/3/2025 re 80 Notice of Appeal - VACATED AND REMANDED. (swil) (Entered: 06/03/2025)	RECAP
84	June 3, 2025	USCA JUDGMENT as to 80 Notice of Appeal filed by National Association of Immigration Judges. In accordance with the decision of this court, the judgment of the district court is vacated. This case is remanded to the district court for further proceedings consistent with the court's decision. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (swil) (Entered: 06/03/2025)	RECAP
85	June 6, 2025	MOTION to Substitute Counsel and Withdraw Appearance by National Association of Immigration Judges. (Attachments: # 1 Proposed Order)(Glasberg, Victor) (Entered: 06/06/2025)	RECAP
86	June 6, 2025	Waiver of re 85 MOTION Motion to Substitute Counsel and Withdraw Appearance Waiver of Hearing by National Association of Immigration Judges (Glasberg, Victor) (Entered: 06/06/2025)	RECAP
87	June 6, 2025	ORDERED that the appearance of Nickera S. Rodriquez is hereby withdrawn as co-counsel of record for plaintiff. It is further ORDERED that Abigail S. Grand is hereby substituted as co-counsel of record for plaintiff in her stead. Signed by District Judge Leonie M. Brinkema on 6/6/2025. (Sbro, ) (Entered: 06/06/2025)	RECAP
88	June 30, 2025	ORDERED that, after meeting and conferring, the parties file a notice of hearing for an upcoming Friday at 10:00 a.m. so that the Court may hold a status conference. Signed by District Judge Leonie M. Brinkema on 6/30/2025. (Sbro, ) (Entered: 06/30/2025)	RECAP
89	July 10, 2025	Response to 88 Order (Joint) filed by David L. Neal. (Mezger, Matthew) (Entered: 07/10/2025)	RECAP
90	July 11, 2025	ORDERED that, once the mandate returns to this Court, the parties file a joint notice of hearing for a Friday at 10:00 a.m. so that a status conference may be held. Signed by District Judge Leonie M. Brinkema on 7/11/2025. (kgall) (Entered: 07/11/2025)	RECAP
91	Aug. 19, 2025	USCA TEMPORARY STAY OF MANDATE re 80 Notice of Appeal. Under Fed. R. App. P. 41(b), the filing of a timely petition for rehearing or rehearing en banc stays the mandate until the court has ruled on the petition. In accordance with Rule 41(b), the mandate is stayed pending further order of this court. (Sbro, ) (Entered: 08/19/2025)	RECAP

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Case Details

State / Territory:

Virginia

Case Type(s):

Immigration and/or the Border

Labor Rights

Speech and Religious Freedom

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Immigration Enforcement

Key Dates

Filing Date: July 1, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The National Association of Immigration Judges is a voluntary organization of immigration judges.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

The Executive Office for Immigration Review

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

Eastern District of Virginia 1:20-cv-00731

U.S. Court of Appeals for the Fourth Circuit 23-02235

U.S. Court of Appeals for the Fourth Circuit 20-01868

Supreme Court of the United States 25A662

Supreme Court of the United States 25-767

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Courts

Recommended Citation

Case Summary of National Association of Immigration Judges v. Neal, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46075/ (last updated 12/8/2025).