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 purported 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 immig…

This purported 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 alleged that the operation violated 8 U.S.C. § 1357, 8 C.F.R. § 287.8, the Fourth Amendment, and the Fifth Amendment. 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 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 defendants have not yet filed their opposition.

This case is ongoing.

Summary Authors

Oliver Farnum (3/21/2025)

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)

Bernwanger, Bree (California)

Bitran, Eva Lucia (California)

Braun, Reaghan E. (California)

Cho, Michelle Young (California)

Attorney for Defendant

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Documents in the Clearinghouse

Document
1

1:25-cv-00246

Complaint for Declaratory and Injunctive Relief

Feb. 26, 2025

Feb. 26, 2025

Complaint
15

1:25-cv-00246

Plaintiffs' Notice of Motion and Motion for Preliminary Injunction

March 7, 2025

March 7, 2025

Pleading / Motion / Brief

Docket

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

Last updated April 21, 2025, 9:35 p.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

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
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)

View on PACER

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

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

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
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
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
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
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

RECAP
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

View on PACER

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

View on PACER

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

View on PACER

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

View on RECAP

2 Exhibit

View on PACER

April 7, 2025

April 7, 2025

RECAP
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

View on PACER

2 Exhibit

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April 7, 2025

April 7, 2025

PACER
33

Miscellaneous Relief

1 Proposed Amicus Brief

View on PACER

2 Proposed Order

View on PACER

April 11, 2025

April 11, 2025

PACER
34

Application for Pro Hac Vice and Proposed Order

1 Certificate of Good Standing

View on PACER

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 as to USA

April 17, 2025

April 17, 2025

PACER
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)

April 18, 2025

April 18, 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.

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: Pending

Defendants

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

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

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Deportation - procedure

Undocumented immigrants - rights and duties