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

Clearinghouse coding complete

Case Summary

This case challenged a policy of the Executive Office for Immigration Review (EOIR) which placed restrictions on immigration judges who wish 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 …

This case challenged a policy of the Executive Office for Immigration Review (EOIR) which placed restrictions on immigration judges who wish 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 on the grounds that 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 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 by the defendant. 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. 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 compiled 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 their complaint, and the NAIJ filed a second amended complaint on January 9, 2023. The defendant then moved to dismiss plaintiff’s second amended complaint on February 1, 2023. The district court granted the motion on September 21, 2023. 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 defendant. 

On November 19, 2023, the plaintiff appealed the district court’s grant of 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. The case is ongoing as of February 25, 2025. 

 

Summary Authors

Connor Mulvena (2/25/2025)

People

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


Judge(s)

Brinkema, Leonie M. (Virginia)

Attorney for Plaintiff

Abdo, Alexander Abraham (Virginia)

Attorney for Defendant

Attorney, Jessica D. (Virginia)

Clark, Jeffrey B.

Expert/Monitor/Master/Other

Counsel, Allison Conrey

show all people

Documents in the Clearinghouse

Document
3

1:20-cv-00731

Memorandum of Understanding Regarding Eoir's Speaking Engagement Policy

July 1, 2020

July 1, 2020

Pleading / Motion / Brief
2

1:20-cv-00731

Complaint Attachments

July 1, 2020

July 1, 2020

Complaint
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
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
47

1:20-cv-00731

Amended Complaint for Declaratory and Injunctive Relief

Aug. 18, 2022

Aug. 18, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17313427/national-association-of-immigration-judges-v-david-l-neal/

Last updated March 15, 2025, 10:03 a.m.

ECF Number Description Date Link Date / Link
1

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

July 1, 2020

July 1, 2020

Clearinghouse
2

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)

July 1, 2020

July 1, 2020

Clearinghouse
3

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)

July 1, 2020

July 1, 2020

Clearinghouse
4

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

July 1, 2020

July 1, 2020

PACER
5

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)

July 1, 2020

July 1, 2020

RECAP
6

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)

July 1, 2020

July 1, 2020

PACER
7

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)

July 1, 2020

July 1, 2020

RECAP
8

Proposed Summons by National Association of Immigration Judges, affiliated with the International Federation of Professional and Technical Engineers. (Glasberg, Victor) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
9

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)

July 1, 2020

July 1, 2020

RECAP
10

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)

July 1, 2020

July 1, 2020

RECAP
11

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)

July 1, 2020

July 1, 2020

RECAP
12

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

July 1, 2020

July 1, 2020

PACER
13

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)

July 1, 2020

July 1, 2020

RECAP
14

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)

July 1, 2020

July 1, 2020

RECAP
15

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)

July 1, 2020

July 1, 2020

PACER

Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge John F. Anderson. (dvanm, )

July 1, 2020

July 1, 2020

PACER

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

July 1, 2020

PACER
16

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)

July 1, 2020

July 1, 2020

PACER
17

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)

July 1, 2020

July 1, 2020

PACER
18

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)

July 1, 2020

July 1, 2020

PACER
19

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)

July 1, 2020

July 1, 2020

RECAP

Case Reassigned to District Judge Liam O'Grady. District Judge T. S. Ellis, III no longer assigned to the case. (rban, )

July 1, 2020

July 1, 2020

PACER
20

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)

July 1, 2020

July 1, 2020

PACER

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, )

July 6, 2020

July 6, 2020

PACER
21

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)

July 8, 2020

July 8, 2020

PACER
22

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)

July 8, 2020

July 8, 2020

PACER
23

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)

July 8, 2020

July 8, 2020

PACER
24

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)

July 9, 2020

July 9, 2020

PACER
25

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

July 9, 2020

July 9, 2020

RECAP
26

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)

July 9, 2020

July 9, 2020

PACER
27

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)

July 20, 2020

July 20, 2020

PACER
28

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)

July 27, 2020

July 27, 2020

RECAP
29

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

July 27, 2020

July 27, 2020

RECAP
30

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)

July 31, 2020

July 31, 2020

RECAP
31

ORDER denying 9 Motion for Preliminary Injunction. Signed by District Judge Liam O'Grady on 8/6/2020. (awac, ) (Entered: 08/07/2020)

Aug. 6, 2020

Aug. 6, 2020

Clearinghouse
32

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)

Aug. 7, 2020

Aug. 7, 2020

RECAP
33

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)

Aug. 10, 2020

Aug. 10, 2020

RECAP

Assembled INITIAL Electronic Record Transmitted to 4CCA re 32 Notice of Appeal (dvanm, )

Aug. 10, 2020

Aug. 10, 2020

PACER
34

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)

Aug. 12, 2020

Aug. 12, 2020

PACER
35

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)

Aug. 13, 2020

Aug. 13, 2020

PACER
36

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)

Aug. 14, 2020

Aug. 14, 2020

PACER
37

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)

Aug. 14, 2020

Aug. 14, 2020

Clearinghouse
38

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)

Aug. 15, 2020

Aug. 15, 2020

RECAP
39

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)

April 26, 2021

April 26, 2021

Clearinghouse
40

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)

April 4, 2022

April 4, 2022

Clearinghouse
41

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)

April 4, 2022

April 4, 2022

PACER
42

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)

April 28, 2022

April 28, 2022

Clearinghouse
43

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)

June 7, 2022

June 7, 2022

Clearinghouse
44

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)

June 7, 2022

June 7, 2022

PACER
45

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)

Aug. 1, 2022

Aug. 1, 2022

PACER
46

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)

Aug. 15, 2022

Aug. 15, 2022

PACER

Case Reassigned to District Judge Leonie M. Brinkema. District Judge Liam O'Grady no longer assigned to the case. (jlan)

Aug. 17, 2022

Aug. 17, 2022

PACER
47

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)

Aug. 18, 2022

Aug. 18, 2022

Clearinghouse
48

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)

Aug. 18, 2022

Aug. 18, 2022

RECAP
49

MOTION to Dismiss Amended Complaint by James R. McHenry, III. (Mezger, Matthew) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
50

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

Oct. 7, 2022

Oct. 7, 2022

RECAP
51

Notice of Hearing Date re 50 Memorandum in Support, 49 MOTION to Dismiss Amended Complaint (Mezger, Matthew) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

RECAP

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, )

Oct. 7, 2022

Oct. 7, 2022

PACER
52

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)

Oct. 27, 2022

Oct. 27, 2022

PACER
53

ORDER denying 52 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 10/27/2022. (nneb) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

RECAP
54

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)

Oct. 28, 2022

Oct. 28, 2022

PACER
55

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)

Oct. 28, 2022

Oct. 28, 2022

RECAP
56

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)

Oct. 31, 2022

Oct. 31, 2022

RECAP
57

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)

Nov. 10, 2022

Nov. 10, 2022

PACER
58

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)

Nov. 10, 2022

Nov. 10, 2022

PACER
59

REPLY to Response to Motion re 49 MOTION to Dismiss Amended Complaint filed by James R. McHenry, III. (Mezger, Matthew) (Entered: 11/16/2022)

Nov. 16, 2022

Nov. 16, 2022

RECAP
60

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)

Nov. 29, 2022

Nov. 29, 2022

PACER
61

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)

Dec. 2, 2022

Dec. 2, 2022

PACER
62

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)

Dec. 2, 2022

Dec. 2, 2022

Clearinghouse
63

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)

Jan. 6, 2023

Jan. 6, 2023

PACER
64

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)

Jan. 6, 2023

Jan. 6, 2023

PACER
65

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)

Jan. 9, 2023

Jan. 9, 2023

Clearinghouse
66

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

Jan. 10, 2023

Jan. 10, 2023

RECAP
67

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)

Jan. 10, 2023

Jan. 10, 2023

PACER
68

MOTION to Dismiss Second Amended Complaint by James R. McHenry, III. (Mezger, Matthew) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

PACER
69

Memorandum in Support re 68 MOTION to Dismiss Second Amended Complaint filed by James R. McHenry, III. (Mezger, Matthew) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

RECAP
70

Notice of Hearing Date re 68 MOTION to Dismiss Second Amended Complaint, 69 Memorandum in Support (Mezger, Matthew) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

PACER

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, )

Feb. 3, 2023

Feb. 3, 2023

PACER
71

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)

Feb. 10, 2023

Feb. 10, 2023

RECAP
72

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)

Feb. 15, 2023

Feb. 15, 2023

RECAP
73

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)

Feb. 21, 2023

Feb. 21, 2023

RECAP

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)

Feb. 24, 2023

Feb. 24, 2023

PACER
74

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)

March 10, 2023

March 10, 2023

RECAP
75

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

April 17, 2023

April 17, 2023

RECAP
76

Response to 75 NOTICE, filed by David L. Neal. (Mezger, Matthew) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
77

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)

Sept. 21, 2023

Sept. 21, 2023

Clearinghouse
78

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)

Sept. 21, 2023

Sept. 21, 2023

Clearinghouse
79

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)

Sept. 21, 2023

Sept. 21, 2023

PACER
80

NOTICE OF APPEAL by National Association of Immigration Judges. Filing fee $ 505, receipt number AVAEDC-9227258. (Glasberg, Victor) (Entered: 11/19/2023)

Nov. 19, 2023

Nov. 19, 2023

PACER
81

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)

Nov. 27, 2023

Nov. 27, 2023

PACER
82

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)

Nov. 29, 2023

Nov. 29, 2023

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Immigration and/or the Border

Speech and Religious Freedom

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

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

The Executive Office for Immigration Review (- United States (national) -), Federal

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Courts