Case: United Farm Workers v. Noem

1:25-cv-00246 | U.S. District Court for the Eastern District of California

Filed Date: Feb. 26, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This class action lawsuit stems from "Operation Return to Sender," conducted by Border Patrol agents over 300 miles from the border in Kern County, California in January 2025. The plaintiffs allege that agents detained and arrested people of color who appeared to be farm workers or day laborers regardless of their actual immigration status, with no explanation or notice to family members, and coerced them into accepting "voluntary departure" without being able to consult with an immigration att…

This class action lawsuit stems from "Operation Return to Sender," conducted by Border Patrol agents over 300 miles from the border in Kern County, California in January 2025. The plaintiffs allege that agents detained and arrested people of color who appeared to be farm workers or day laborers regardless of their actual immigration status, with no explanation or notice to family members, and coerced them into accepting "voluntary departure" without being able to consult with an immigration attorney or judge.

United Farm Workers and five individuals arrested during the operation filed this lawsuit in the United States District Court for the Eastern District of California on February 26, 2025. They named the heads of the Department of Homeland Security and the Border Patrol as Defendants. The Plaintiffs brought four challenges to the operation, attacking (1) warrantless arrests without probable cause of flight risk in alleged violation of 8 U.S.C. § 1357(a)(2); (2) warrantless arrests without probable cause of flight risk in alleged violation of 8 C.F.R. § 287.8(c)(2)(ii); (3) stops without reasonable suspicion in alleged violation of the Fourth Amendment; and (4) “voluntary departure without a knowing and voluntary waiver of rights” in alleged violation of the Fifth Amendment's Due Process Clause.  

Although "Operation Return to Sender" was conducted at the end of the Biden administration, the Plaintiffs contended that such practices would likely continue under the Trump administration without injunctive relief. Therefore, the Plaintiffs sought injunctive and declaratory relief. The plaintiffs also sought class certification. The case is before District Judge Jennifer L. Thurston.

On March 7, 2025, the plaintiffs filed a motion for a preliminary injunction that would stop Border Patrol from conducting detention stops without reasonable suspicion that their target is a non-citizen, among other requests.  The same day, the plaintiffs filed a motion to certify two classes within the Eastern District of California: (1) those who have been subjected to a "suspicionless stop" by Border Patrol and (2) those who have been arrested without a warrant. 

After briefing and a hearing, the court granted both provisional class certification and a preliminary injunction on May 1, 2025.  The court first held that immigration law limiting district court jurisdiction over removal decisions did not apply, and then certified two classes:

Suspicionless Stop Class: All persons since January 6, 2025, who have been or will be subjected to a detentive stop by Border Patrol in this district without a pre-stop, individualized assessment of reasonable suspicion whether the person (1) is engaged in an offense against the United States or (2) is a noncitizen unlawfully in the United States.

Warrantless Arrest Class: All persons since January 6, 2025, who have been arrested or will be arrested in this district by Border Patrol without a warrant and without a pre-arrest, individualized assessment of probable cause that the person poses a flight risk. 

The government did not offer a defense of its conduct on the merits, but rather argued that since it had reminded Border Patrol agents of the applicable constitutional requirements, the case was moot.  The court disagreed, and entered a preliminary injunction with the following provisions: 

  • Border Patrol is enjoined from conducting detentive stops in this District unless, pre-stop, the detaining agent has reasonable suspicion that the person to be stopped is a noncitizen who is present within the United States in violation of U.S. immigration law, as required by the Fourth Amendment of the United States Constitution.
  • Border Patrol is enjoined from effecting warrantless arrests in this District unless, pre-arrest, the arresting agent has probable cause to believe that the noncitizen being arrested is likely to escape before a warrant can be obtained, as required by 8 U.S.C. § 1357(a)(2).
  • Both detentive stops and warrantless arrests were required to have relevant facts and circumstances documented, with the documentation shared with plaintiffs' counsel. 
  • Border Patrol was required to develop (and share with plaintiffs' counsel) a directive setting out the parameters of reasonable suspicion, including that refusal to answer questions does not, without more, constitute a basis for reasonable suspicion to justify a detentive stop, and to train its agents on that directive.

On June 30, 2025, Defendants filed an appeal to the U.S. Court of Appeals for the Ninth Circuit. In the District Court, Defendants filed a motion to dismiss on July 14. 

The case is ongoing. 

Summary Authors

Oliver Farnum (3/21/2025)

Clearinghouse (5/1/2025)

Emma Vayda (7/15/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69683411/parties/united-farm-workers-v-noem/


Judge(s)
Attorney for Plaintiff

Agarwal, Shilpi (California)

Attorney, Shilpi Agarwal,

Attorney, Mr. Ajay

Attorney, Lauren Marie

Attorney for Defendant

Attorney, Tim Ramnitz,

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-00246

Complaint for Declaratory and Injunctive Relief

Feb. 26, 2025

Feb. 26, 2025

Complaint
14-4

1:25-cv-00246

[Proposed] Order Granting Plaintiffs' Motion for Provisional Class Certification

March 7, 2025

March 7, 2025

Pleading / Motion / Brief
15-1

1:25-cv-00246

Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction

March 7, 2025

March 7, 2025

Pleading / Motion / Brief
15

1:25-cv-00246

Plaintiffs' Notice of Motion and Motion for Preliminary Injunction

March 7, 2025

March 7, 2025

Pleading / Motion / Brief
14-1

1:25-cv-00246

Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Provisional Class Certification

March 7, 2025

March 7, 2025

Pleading / Motion / Brief
14

1:25-cv-00246

Plaintiffs' Notice of Motion and Motion for Provisional Class Certification

March 7, 2025

March 7, 2025

Pleading / Motion / Brief
31

1:25-cv-00246

Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction

April 7, 2025

April 7, 2025

Pleading / Motion / Brief
47

1:25-cv-00246

Order Granting Plaintiffs' Motion for Provisional Class Certification and Granting Plaintiffs' Motion for a Preliminary Injunction

April 29, 2025

April 29, 2025

Order/Opinion

2025 WL 1235525

64

1:25-cv-00246

Defendants' Motion to Dismiss and Memorandum in Support Pursuant to Fed.R.Civ.P.12(b)(1) and (b)(6)

July 14, 2025

July 14, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69683411/united-farm-workers-v-noem/

Last updated Aug. 22, 2025, 12:49 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem by Juan Vargas Mendez, Wilder Munguia Esquivel, Maria Guadalupe Hernandez Espinosa, United Farm Workers, Yolanda Aguilera Martinez, Oscar Morales Cisneros. (Attachments: # 1 Civil Cover Sheet)(Bernwanger, Bree) (Entered: 02/26/2025)

1 Civil Cover Sheet

View on PACER

Feb. 26, 2025

Feb. 26, 2025

Clearinghouse
2

SUMMONS ISSUED as to *Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem* with answer to complaint due within *60* days. Attorney *Bree Bernwanger* *ACLU Foundation of Northern California* *39 Drumm Street* *San Francisco, CA 94111*. (Deputy Clerk TEL) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

PACER
3

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 5/27/2025 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: # 1 Appendix A(m), # 2 Consent Form, # 3 VDRP) (Deputy Clerk TEL) (Entered: 02/26/2025)

1 Appendix A(m)

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2 Consent Form

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3 VDRP

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Feb. 26, 2025

Feb. 26, 2025

PACER
4

NOTICE directing Attorneys Zainab O Ramahi, NACED and Julia L Greenberg, NACED to Submit Petition for Admission to Practice in Eastern District of California. Please visit PACER.gov for admission. (Deputy Clerk TEL) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

PACER

Notice of Noncompliance with E-Filing Requirements

Feb. 26, 2025

Feb. 26, 2025

PACER

Receipt

Feb. 26, 2025

Feb. 26, 2025

PACER

Service by Mail

Feb. 26, 2025

Feb. 26, 2025

PACER

RECEIPT Number ACAEDC-12063630: $405.00 Civil Filing Fee from Bernwanger, Bree. (Deputy Clerk OFR)

Feb. 26, 2025

Feb. 26, 2025

PACER

SERVICE BY MAIL: 2 Summons, 3 Civil New Case Documents for Magistrate as Presider, 4 Notice of Noncompliance with Electronic Filing Requirement served on Julia L Greenberg NACED, Zainab O Ramahi NACED. (Deputy Clerk TEL)

Feb. 26, 2025

Feb. 26, 2025

PACER
5

REQUEST for Correction by Yolanda Aguilera Martinez, Maria Guadalupe Hernandez Espinosa, Oscar Morales Cisneros, Wilder Munguia Esquivel, United Farm Workers, Juan Vargas Mendez. (Bernwanger, Bree) (Entered: 03/03/2025)

March 3, 2025

March 3, 2025

RECAP
6

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Bernwanger, Bree) (Entered: 03/03/2025)

March 3, 2025

March 3, 2025

PACER
7

CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Jennifer L. Thurston and Magistrate Judge Barbara A. McAuliffe. The new case number is: 1:25-cv-00246-JLT-BAM. (Deputy Clerk OFR) (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

PACER
8

MINUTE ORDER (TEXT Only): On March 3, 2025, counsel for Plaintiffs filed a "Request for Correction," noting that Plaintiff Maria Guadalupe Hernandez Espinoza's last name was inadvertently misspelled on the Complaint's caption page as "Maria Guadalupe Hernandez Espinosa," and requesting the docket be corrected to reflect the correct spelling of Plaintiff Hernandez Espinoza's last name. (Doc. 5 .) As the typographical error appears to be in the caption of the complaint and Plaintiff Hernandez Espinoza's last name is otherwise spelled correctly (See Doc. 1 ), the Clerk of Court is directed to modify the docket to reflect Plaintiff Maria Guadalupe Hernandez Espinoza's correct last name. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 3/4/2025. (Deputy Clerk EV) (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

PACER

Service by Mail

March 4, 2025

March 4, 2025

PACER

Minute Order

March 4, 2025

March 4, 2025

PACER

SERVICE BY MAIL: 7 Clerk's Notice Reassigning Case served on Zainab O Ramahi NACED. (Deputy Clerk OFR)

March 4, 2025

March 4, 2025

PACER
10

STANDING ORDER signed by District Judge Jennifer L. Thurston on March 5, 2025. (Deputy Clerk IM) (Entered: 03/05/2025)

March 5, 2025

March 5, 2025

RECAP
9

NOTICE of APPEARANCE by Tim Ramnitz on behalf of Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem. Attorney Ramnitz, Tim added. (Ramnitz, Tim) (Entered: 03/05/2025)

March 5, 2025

March 5, 2025

PACER
11

NOTICE of APPEARANCE by Samuel P. Go on behalf of Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem. Attorney Go, Samuel P. added. (Go, Samuel) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

PACER
12

NOTICE of APPEARANCE by Olga Y Kuchins on behalf of Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem. Attorney Kuchins, Olga Y added. (Kuchins, Olga) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

PACER
13

NOTICE of APPEARANCE by Reaghan E. Braun on behalf of Oscar Morales Cisneros. Attorney Braun, Reaghan E. added. (Braun, Reaghan) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

PACER
14

MOTION to CERTIFY CLASS Plaintiff's Notice of Motion and Motion for Provisional Class Certification by Oscar Morales Cisneros. Motion Hearing set for 4/11/2025 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: # 1 Memorandum of Points and Authorities in Support, # 2 Declaration of Ajay S. Krishnan in Support, # 3 Declaration of Bree Bernwanger in Support, # 4 Proposed Order)(Bernwanger, Bree) (Entered: 03/07/2025)

1 Memorandum of Points and Authorities in Support

View on RECAP

2 Declaration of Ajay S. Krishnan in Support

View on RECAP

3 Declaration of Bree Bernwanger in Support

View on RECAP

4 Proposed Order

View on RECAP

March 7, 2025

March 7, 2025

Clearinghouse
15

MOTION for PRELIMINARY INJUNCTION Plaintiffs Notice of Motion And Motion For Preliminary Injunction by Yolanda Aguilera Martinez, Oscar Morales Cisneros, Wilder Munguia Esquivel, United Farm Workers. Motion Hearing set for 4/11/2025 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: # 1 Memorandum Memorandum of Points And Authorities In Support of Motion For Preliminary Injunction, # 2 Declaration Declaration of Reaghan Braun ISO Pltfs Mtn for Preliminary Injunction; Exhibits 1-26, # 3 Declaration Decl. of Elizabeth Strater (UFW) ISO Pltfs' Mtn for Preliminary Injunction, # 4 Declaration Decl. of Ernesto Campos Gutierrez ISO Pltfs' Mtn for Preliminary Injunction, # 5 Declaration Decl. of Jesus Ramirez ISO Pltfs Mtn for Preliminary Injunction, # 6 Declaration Decl. of Juan Vargas Mendez ISO Pltfs Mtn for Preliminary Injunction, # 7 Declaration Decl. of Luis Perez Cruz ISO Pltfs Mtn for Preliminary Injunction, # 8 Declaration Decl. of Maria Guadalupe Hernandez Espinoza ISO Pltfs Mtn for Preliminary Injunction, # 9 Declaration Decl. of Oscar Morales Cisneros ISO Pltfs' Mtn for Preliminary Injunction, # 10 Declaration Decl. of Wilder Munguia Esquivel ISO Pltfs Mtn for Preliminary Injunction, # 11 Declaration Decl. of Yolanda Aguilera Martinez ISO Pltfs' Mtn for Preliminary Injunction, # 12 Proposed Order [Proposed] Order Granting Motion for Preliminary Injunction)(Bernwanger, Bree) (Entered: 03/07/2025)

1 Memorandum Memorandum of Points And Authorities In Support of Motion For Prelimi

View on RECAP

2 Declaration Declaration of Reaghan Braun ISO Pltfs Mtn for Preliminary Injunctio

View on PACER

3 Declaration Decl. of Elizabeth Strater (UFW) ISO Pltfs' Mtn for Preliminary

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4 Declaration Decl. of Ernesto Campos Gutierrez ISO Pltfs' Mtn for Preliminar

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5 Declaration Decl. of Jesus Ramirez ISO Pltfs Mtn for Preliminary Injunction

View on PACER

6 Declaration Decl. of Juan Vargas Mendez ISO Pltfs Mtn for Preliminary Injunction

View on PACER

7 Declaration Decl. of Luis Perez Cruz ISO Pltfs Mtn for Preliminary Injunction

View on PACER

8 Declaration Decl. of Maria Guadalupe Hernandez Espinoza ISO Pltfs Mtn for Prelim

View on PACER

9 Declaration Decl. of Oscar Morales Cisneros ISO Pltfs' Mtn for Preliminary

View on PACER

10 Declaration Decl. of Wilder Munguia Esquivel ISO Pltfs Mtn for Preliminary Injun

View on PACER

11 Declaration Decl. of Yolanda Aguilera Martinez ISO Pltfs' Mtn for Prelimina

View on PACER

12 Proposed Order [Proposed] Order Granting Motion for Preliminary Injunction

View on PACER

March 7, 2025

March 7, 2025

Clearinghouse
16

***DISREGARDED***SUMMONS RETURNED EXECUTED: Oscar Morales Cisneros served on 2/28/2025, answer due 3/21/2025. (Ramahi, Zainab) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
17

CERTIFICATE / PROOF of SERVICE by Oscar Morales Cisneros. (Ramahi, Zainab) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
18

CERTIFICATE / PROOF of SERVICE by Oscar Morales Cisneros. (Ramahi, Zainab) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
19

***DISREGARDED***SUMMONS RETURNED EXECUTED: All Defendants. (Ramahi, Zainab) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
20

CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been reassigned to Magistrate Judge Christopher D. Baker. The new case number is: 1:25-cv-00246-JLT-CDB. (Deputy Clerk TEL) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
21

CLERK'S NOTICE to all Parties vacating the Initial Scheduling Conference set for 5/27/2025 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Deputy Clerk TEL) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
22

CLERK'S NOTICE of DOCKET CORRECTION re 19 Summons Returned Executed, 16 Summons Returned Executed. Please Disregard Filed in Error. (Deputy Clerk EF) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
23

SUMMONS RETURNED EXECUTED by Oscar Morales Cisneros as Defendants Kristi Noem, Pete R. Flores, Michael W. Banks, and Gregory K. Bovino . Summons served 2/28/2025; answer due 5/9/2025 . (Ramahi, Zainab) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
24

AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/4/2025 at 09:30 AM in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. (Attachments: # 1 CDB Worksheet, # 2 Standing Order, # 3 Consent Form, # 4 VDRP) (Deputy Clerk TEL) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
25

CERTIFICATE / PROOF of SERVICE by Oscar Morales Cisneros. (Ramahi, Zainab) (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

PACER
26

NOTICE of APPEARANCE by Mary Lynn Larakers, GOVT on behalf of Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem. Attorney Larakers, Mary Lynn added. (Larakers, Mary) (Entered: 03/12/2025)

March 12, 2025

March 12, 2025

PACER
27

MOTION for 17-DAY EXTENSION OF TIME to File Response to Plaintiffs' Motions for Preliminary Injunction and Provisional Class Certification re 15 Motion for Preliminary Injunction,,,,, 14 Motion to Certify Class, by Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem. (Attachments: # 1 Proposed Order)(Go, Samuel) (Entered: 03/14/2025)

1 Proposed Order

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March 14, 2025

March 14, 2025

RECAP
28

ORDER GRANTING 27 Ex Parte Motion for Extension of Time to Respond to Plaintiffs' Motions for Preliminary Injunction and Provisional Class Certification signed by Magistrate Judge Christopher D. Baker on 03/17/2025. (Deputy Clerk CRB) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

RECAP
29

MINUTE ORDER (Text Only Entry) 14 MOTION to CERTIFY CLASS and 15 MOTION for PRELIMINARY INJUNCTION currently set for 4/11/2025 has been CONTINUED to Monday, 4/28/2025 at 01:30 PM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston signed by District Judge Jennifer L. Thurston on March 18, 2025. (Deputy Clerk IM) (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER

Minute Order AND ~Util - Set/Reset Motion Hearing

March 18, 2025

March 18, 2025

PACER
30

NOTICE of APPEARANCE by Carolyn Dillard, GOVT on behalf of Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem. Attorney Dillard, Carolyn added. (Dillard, Carolyn) (Entered: 04/04/2025)

April 4, 2025

April 4, 2025

PACER
31

OPPOSITION by Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem to 15 Motion for Preliminary Injunction,,,,,. (Attachments: # 1 Exhibit, # 2 Exhibit)(Kuchins, Olga) (Entered: 04/07/2025)

1 Exhibit

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2 Exhibit

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April 7, 2025

April 7, 2025

Clearinghouse
32

OPPOSITION by Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem to 14 Motion to Certify Class,. (Attachments: # 1 Exhibit, # 2 Exhibit)(Dillard, Carolyn) (Entered: 04/07/2025)

1 Exhibit

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2 Exhibit

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April 7, 2025

April 7, 2025

RECAP
33

MOTION re 32 Opposition to Motion, 14 Motion to Certify Class, by Immigration Reform Law Institute. Attorney Meuser, Mark Philip added. Motion Hearing set for 4/28/2025 at 01:30 PM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Meuser, Mark) (Entered: 04/11/2025)

1 Proposed Amicus Brief

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2 Proposed Order

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April 11, 2025

April 11, 2025

PACER
34

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Immigration Reform Law Institute for attorney Matt Crapo to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-12154920) (Attachments: # 1 Certificate of Good Standing) (Meuser, Mark) (Entered: 04/11/2025)

1 Certificate of Good Standing

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April 11, 2025

April 11, 2025

PACER
35

ORDER GRANTING 34 Application for Pro Hac Vice signed by Magistrate Judge Christopher D. Baker on 4/14/2025. Added attorney Matt A. Crapo, PHV for Immigration Reform Law Institute. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk JPX)

April 15, 2025

April 15, 2025

RECAP
36

SUMMONS RETURNED EXECUTED by Oscar Morales Cisneros. All Defendants. (Krishnan, Ajay) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
37

REPLY by Yolanda Aguilera Martinez, Maria Guadalupe Hernandez Espinoza, Oscar Morales Cisneros, Wilder Munguia Esquivel, United Farm Workers, Juan Vargas Mendez re 14 Motion to Certify Class, 32 Opposition to Motion. (Bernwanger, Bree) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

RECAP
38

REPLY by Yolanda Aguilera Martinez, Oscar Morales Cisneros, Wilder Munguia Esquivel, United Farm Workers re 15 Motion for Preliminary Injunction,,,,, 31 Opposition to Motion. (Attachments: # 1 Declaration of Julia Greenberg; Exhibits 1-3)(Bernwanger, Bree) (Entered: 04/17/2025)

1 Declaration of Julia Greenberg; Exhibits 1-3

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April 17, 2025

April 17, 2025

RECAP
39

ORDER GRANTING Unopposed 33 Motion of Immigration Reform Law Institute to File an Amicus Curiae Brief signed by District Judge Jennifer L. Thurston on 4/18/2025. (Deputy Clerk SSA) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

RECAP
40

NOTICE of Unperfected Service by All Defendants. (Attachments: # 1 Exhibit Exhibit A)(Ramnitz, Tim) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER
41

SUMMONS RETURNED EXECUTED: All Defendants. (Krishnan, Ajay) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
42

MOTION Leave to File Supplemental Evidence re 15 Motion for Preliminary Injunction,,,,, by Yolanda Aguilera Martinez, Maria Guadalupe Hernandez Espinoza, Oscar Morales Cisneros, Wilder Munguia Esquivel, United Farm Workers, Juan Vargas Mendez. Attorney Krishnan, Ajay Sundar added. (Attachments: # 1 Declaration of Franco Muzzio in Support, # 2 Proposed Order)(Krishnan, Ajay) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
43

EXHIBIT S 1 - 4 to Plaintiffs' Administrative Motion for Leave to File Supplemental Evidence in Further Support of Plaintiffs' Motion for Preliminary Injunction filed by Plaintiffs Yolanda Aguilera Martinez, Maria Guadalupe Hernandez Espinoza, Oscar Morales Cisneros, Wilder Munguia Esquivel, United Farm Workers, Juan Vargas Mendez re 42 Motion for Miscellaneous Relief,. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4)(Krishnan, Ajay) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
44

RESPONSE by Yolanda Aguilera Martinez, Maria Guadalupe Hernandez Espinoza, Oscar Morales Cisneros, Wilder Munguia Esquivel, United Farm Workers, Juan Vargas Mendez to 40 Notice - Other. (Attachments: # 1 Declaration of Zainab Ramahi in Support of Plaintiffs' Response to Defendants' Notice of Unperfected Service, # 2 Exhibit A to Declaration of Zainab Ramahi, # 3 Exhibit B to Declaration of Zainab Ramahi)(Krishnan, Ajay) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
45

SUPPLEMENT by Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem re 31 Opposition to Motion. (Attachments: # 1 Declaration, # 2 Proposed Order)(Kuchins, Olga) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
46

MINUTES (Text Only) for proceedings held before District Judge Jennifer L. Thurston: 14 MOTION to CERTIFY CLASS and 15 MOTION for PRELIMINARY INJUNCTION HEARING held on 4/28/2025. Order to follow. Plaintiffs Counsel Franco Muzzio, Bree Bernwanger, Michelle (Minju) Cho present. Defendants Counsel Tim Ramnitz, Olga Kuchins present. Court Reporter/CD Number: Rachel Lundy. (Deputy Clerk IM) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

PACER

Motion Hearing

April 28, 2025

April 28, 2025

PACER
47

ORDER GRANTING PLAINTIFFS' MOTION FOR PROVISIONAL CLASS CERTIFICATION AND GRANTING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION signed by District Judge Jennifer L. Thurston on April 29, 2025. (Docs. 14, 15). (Deputy Clerk IM)

April 29, 2025

April 29, 2025

Clearinghouse
48

TRANSCRIPT REQUEST by Yolanda Aguilera Martinez, Maria Guadalupe Hernandez Espinoza, Oscar Morales Cisneros, Wilder Munguia Esquivel, United Farm Workers, Juan Vargas Mendez for proceedings held on 04/28/25 before Judge Judge Jennifer L. Thurston. Court Reporter Rachael Lundy. (Krishnan, Ajay) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

PACER
49

TRANSCRIPT REQUEST by Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem for proceedings held on 4/28/2025 before Judge Hon. Jennifer L. Thurston. Court Reporter Rachael Lundy. (Kuchins, Olga) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
50

MOTION to VACATE Scheduling Conference and Set Aside Joint Scheduling Report and Rule 26 Requirements Re: Initial Disclosures and Discovery Conference by Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem. (Attachments: # 1 Proposed Order)(Kuchins, Olga) (Entered: 05/13/2025)

1 Proposed Order

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May 13, 2025

May 13, 2025

RECAP
51

TRANSCRIPT of Proceedings held on 04-28-2025, MOTIONS HEARING, before District Judge Jennifer L. Thurston, filed by Court Reporter Rachael Lundy, Phone number 559-207-1072 E-mail rlundy.csr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/5/2025. Redacted Transcript Deadline set for 6/13/2025. Release of Transcript Restriction set for 8/11/2025. (Deputy Clerk rl) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

PACER
52

NOTICE Plaintiffs' Notice of Intent to File Opposition to Defendants' Ex Parte Application by All Plaintiffs re 50 MOTION to VACATE Scheduling Conference and Set Aside Joint Scheduling Report and Rule 26 Requirements Re: Initial Disclosures and Discovery Conference. (Krishnan, Ajay) (Entered: 05/14/2025)

May 14, 2025

May 14, 2025

RECAP
53

MINUTE ORDER signed by Magistrate Judge Christopher D. Baker on 05/14/2025: According to the declaration of attorney Olga Y. Kuchins in support of Defendants' ex parte motion to vacate scheduling conference (Doc. 50 at 9, par. 2), Defendants first raised with Plaintiffs their position that they are exempt from Rule 26's initial disclosure and discovery conference requirements five days prior to the deadline to meet/confer pursuant to Rule 26. Accordingly, as Defendants have failed to show a satisfactory explanation for the need for the issuance of relief on an ex parte basis, the Court construes Defendants' ex parte application as a motion for administrative relief pursuant to Local Rule 233. See Mission Power Eng'g Co. v. Cont'l Cas. Co., 883 F. Supp. 488, 492 (C.D. Cal. 1995) ("it must be established that the moving party is without fault in creating the crisis that requires ex parte relief, or that the crisis occurred as a result of excusable neglect."). Therefore, any opposition by Plaintiffs to Defendants' motion must be filed no later than May 19, 2025, and may not exceed five (5) pages. See L.R. 233(b). Defendants shall not file a reply and the motion will be submitted before the undersigned without hearing. Further, the scheduling conference set for June 4, 2025, is continued to July 8, 2025, at 10:00AM, in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. The parties shall appear at the conference remotely via Zoom video conference, and counsel may obtain the Zoom ID and password from the Courtroom Deputy prior to the conference. A joint scheduling conference statement shall be filed in compliance with the procedures set forth in the Order Setting Mandatory Scheduling Conference (Doc. 24 ). (Deputy Clerk CRB) (Entered: 05/14/2025)

May 14, 2025

May 14, 2025

PACER
54

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Kuchins, Olga) (Entered: 05/14/2025)

May 14, 2025

May 14, 2025

PACER

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

May 14, 2025

May 14, 2025

PACER
55

OPPOSITION by Yolanda Aguilera Martinez, Maria Guadalupe Hernandez Espinoza, Oscar Morales Cisneros, Wilder Munguia Esquivel, United Farm Workers, Juan Vargas Mendez to 50 Motion to Vacate,. (Attachments: # 1 Declaration of Zainab Ramahi in Support, # 2 Proposed Order)(Krishnan, Ajay) (Entered: 05/19/2025)

1 Declaration of Zainab Ramahi in Support

View on RECAP

2 Proposed Order

View on PACER

May 19, 2025

May 19, 2025

PACER
56

ORDER DENYING 50 Defendant's Motion for Administrative Relief to Vacate Scheduling Conference signed by Magistrate Judge Christopher D. Baker on 05/23/2025. (Deputy Clerk CRB) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

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57

STIPULATION to extend time to file responsive pleading by Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem. (Ramnitz, Tim) (Entered: 06/06/2025)

June 6, 2025

June 6, 2025

PACER
58

MINUTE ORDER signed by Magistrate Judge Christopher D. Baker on 06/09/2025: In light of the parties' stipulated agreement to extend Defendants' deadline to file a responsive pleading (Doc. 57 ) and to permit the pleadings to settle, the scheduling conference set for July 8, 2025, is continued to July 25, 2025, 9:30AM.The parties shall appear at the conference remotely via Zoom video conference, and counsel may obtain the Zoom ID and password from the Courtroom Deputy prior to the conference. The parties are reminded of their obligation to file a joint scheduling conference statement in compliance with the procedures set forth in the Order Setting Mandatory Scheduling Conference (Doc. 24 ) in advance of the Scheduling Conference. (Deputy Clerk CRB) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

PACER
58

MINUTE ORDER signed by Magistrate Judge Christopher D. Baker on 06/09/2025: In light of the parties' stipulated agreement to extend Defendants' deadline to file a responsive pleading (Doc. 57 ) and to permit the pleadings to settle, the scheduling conference set for July 8, 2025, is continued to July 25, 2025, 9:30AM.The parties shall appear at the conference remotely via Zoom video conference, and counsel may obtain the Zoom ID and password from the Courtroom Deputy prior to the conference. The parties are reminded of their obligation to file a joint scheduling conference statement in compliance with the procedures set forth in the Order Setting Mandatory Scheduling Conference (Doc. 24 ) in advance of the Scheduling Conference. (Deputy Clerk CRB) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

PACER

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

June 9, 2025

June 9, 2025

PACER

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

June 9, 2025

June 9, 2025

PACER
59

NOTICE of APPEAL by Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem as to 47 Order on Motion to Certify Class, Order on Motion for Preliminary Injunction, Order on Motion for Miscellaneous Relief. (Kuchins, Olga) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

RECAP
59

NOTICE of APPEAL by Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem as to 47 Order on Motion to Certify Class, Order on Motion for Preliminary Injunction, Order on Motion for Miscellaneous Relief. (Kuchins, Olga) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

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60

APPEAL PROCESSED to Ninth Circuit re 59 Notice of Appeal filed by Kristi Noem, Gregory K. Bovino, Michael W. Banks, Pete R. Flores. Notice of Appeal filed *6/26/2025*, Complaint filed *2/26/2025* and Appealed Order / Judgment filed *4/29/2025*. ** *Fee Status: Waived* (Attachments: # 1 Appeal Information) (Deputy Clerk EF) (Entered: 06/27/2025)

June 27, 2025

June 27, 2025

PACER
60

APPEAL PROCESSED to Ninth Circuit re 59 Notice of Appeal filed by Kristi Noem, Gregory K. Bovino, Michael W. Banks, Pete R. Flores. Notice of Appeal filed *6/26/2025*, Complaint filed *2/26/2025* and Appealed Order / Judgment filed *4/29/2025*. ** *Fee Status: Waived* (Attachments: # 1 Appeal Information) (Deputy Clerk EF) (Entered: 06/27/2025)

June 27, 2025

June 27, 2025

PACER
61

USCA CASE NUMBER 25-4047 for 59 Notice of Appeal filed by Kristi Noem, Gregory K. Bovino, Michael W. Banks, Pete R. Flores. (Deputy Clerk CRM) (Entered: 06/30/2025)

June 30, 2025

June 30, 2025

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62

MOTION ADMINISTRATIVE RELIEF TO EXCEED THE COURTS PAGE LIMIT by Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem. (Attachments: # 1 Proposed Order)(Dillard, Carolyn) (Entered: 07/10/2025)

1 Proposed Order

View on PACER

July 10, 2025

July 10, 2025

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63

MINUTE ORDER (Text Entry Only) Defendants' unopposed request 62 for leave to exceed the page limits for their anticipated motion to dismiss is GRANTED. Defendants may file a brief no longer than 30 pages in length. In the interest of fairness, any opposition may also exceed the page limits by no more than 5 pages signed by District Judge Jennifer L. Thurston on July 11, 2025. (Deputy Clerk IM) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

PACER

Order on Motion for Miscellaneous Relief

July 11, 2025

July 11, 2025

PACER
64

MOTION to DISMISS by Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem. Motion Hearing set for 8/25/2025 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: # 1 Exhibit April 2025 RS Muster, # 2 Exhibit June 2025 RS Muster, # 3 Exhibit July 2025 VD Muster, # 4 Exhibit July 2025 Declaration 1, # 5 Exhibit July 2025 Declaration 2, # 6 Exhibit Form I-826)(Dillard, Carolyn) (Entered: 07/14/2025)

1 Exhibit April 2025 RS Muster

View on RECAP

2 Exhibit June 2025 RS Muster

View on RECAP

3 Exhibit July 2025 VD Muster

View on RECAP

4 Exhibit July 2025 Declaration 1

View on RECAP

5 Exhibit July 2025 Declaration 2

View on RECAP

6 Exhibit Form I-826

View on RECAP

July 14, 2025

July 14, 2025

RECAP
65

MOTION for 28-DAY EXTENSION OF TIME to File Opposition to Defendants' Motion to Dismiss [UNOPPOSED] by Yolanda Aguilera Martinez, Maria Guadalupe Hernandez Espinoza, Oscar Morales Cisneros, Wilder Munguia Esquivel, United Farm Workers, Juan Vargas Mendez. Attorney Greenberg, Julia L added. (Attachments: # 1 Proposed Order)(Greenberg, Julia) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

PACER
66

MINUTE ORDER signed by Magistrate Judge Christopher D. Baker on 07/17/2025: For good cause shown, Plaintiffs' unopposed motion to extend their time to respond to Defendants' pending motion to dismiss (Doc. 65 ) is GRANTED. Accordingly, Plaintiffs shall file their response to Defendants' motion to dismiss no later than August 25, 2025. Any reply brief by Defendants shall be filed consistent with Local Rule 230(d). In light of the briefing schedule modifications, the motion hearing noticed for August 25, 2025, is VACATED, to be reset by the presiding district judge as appropriate. Further, in light of the pending motion to dismiss and the procedural posture of this case, the scheduling conference set for July 25, 2025, is CONTINUED to November 21, 2025, at 10:00 AM in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. The parties shall appear at the conference remotely via Zoom video conference, and counsel may obtain the Zoom ID and password from the Courtroom Deputy prior to the conference. A joint scheduling conference statement shall be filed in compliance with the procedures set forth in the Order Setting Mandatory Scheduling Conference (Doc. 24 ). (Deputy Clerk CRB) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

PACER
67

NOTICE of APPEARANCE by Jason George on behalf of Yolanda Aguilera Martinez, Maria Guadalupe Hernandez Espinoza, Oscar Morales Cisneros, Wilder Munguia Esquivel, United Farm Workers, Juan Vargas Mendez. Attorney George, Jason added. (George, Jason) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

PACER

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

July 18, 2025

July 18, 2025

PACER
68

STIPULATION to Extend Discovery Response by Michael W. Banks, Gregory K. Bovino, Pete R. Flores, Kristi Noem. (Ramnitz, Tim) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

RECAP
69

STIPULATION and PROPOSED ORDER Stipulated Clawback Agreement by Yolanda Aguilera Martinez, Maria Guadalupe Hernandez Espinoza, Oscar Morales Cisneros, Wilder Munguia Esquivel, United Farm Workers, Juan Vargas Mendez. (Greenberg, Julia) (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

PACER
70

STIPULATION and PROPOSED ORDER Regarding Electronic Service of Discovery Materials by Yolanda Aguilera Martinez, Maria Guadalupe Hernandez Espinoza, Oscar Morales Cisneros, Wilder Munguia Esquivel, United Farm Workers, Juan Vargas Mendez. (Greenberg, Julia) (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

PACER
71

ORDER on 69 Stipulated Clawback Agreement signed by Magistrate Judge Christopher D. Baker on 08/12/2025. (Deputy Clerk CRB)

Aug. 12, 2025

Aug. 12, 2025

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72

ORDER on 70 Stipulation Re: Electronic Service of Discovery Materials signed by Magistrate Judge Christopher D. Baker on 08/12/2025. (Deputy Clerk CRB)

Aug. 12, 2025

Aug. 12, 2025

RECAP

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Immigration Enforcement)

Key Dates

Filing Date: Feb. 26, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is the first and largest farm worker union in the country. Classes are: Suspicionless Stop Class: All persons since January 6, 2025, who have been or will be subjected to a detentive stop by Border Patrol in this district without a pre-stop, individualized assessment of reasonable suspicion whether the person (1) is engaged in an offense against the United States or (2) is a noncitizen unlawfully in the United States. Warrantless Arrest Class: All persons since January 6, 2025, who have been arrested or will be arrested in this district by Border Patrol without a warrant and without a pre-arrest, individualized assessment of probable cause that the person poses a flight risk.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Homeland Security (Washington, D.C., District of Columbia), Federal

U.S. Border Patrol (Washington, D.C., District of Columbia), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Due Process: Procedural Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Deportation - procedure

Undocumented immigrants - rights and duties