Case: E.Q. v. U.S. Department of Homeland Security

1:25-cv-00791 | U.S. District Court for the District of District of Columbia

Filed Date: March 17, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

The case challenged two rules, issued by the Biden Administration in December 2024, categorically barring certain noncitizens from applying for asylum and withholding of removal. Included alongside the challenge to  the new rules generally was a challenge to the removal of E.Q., an Afghan national allegedly injured by the application of the new rules to deny him asylum he claimed he would otherwise have been eligible for. One rule was issued by the U.S. Department of Homeland Security (DHS) and…

The case challenged two rules, issued by the Biden Administration in December 2024, categorically barring certain noncitizens from applying for asylum and withholding of removal. Included alongside the challenge to  the new rules generally was a challenge to the removal of E.Q., an Afghan national allegedly injured by the application of the new rules to deny him asylum he claimed he would otherwise have been eligible for. One rule was issued by the U.S. Department of Homeland Security (DHS) and the other was issued by the Executive Office of Immigration Review (EOIR). Plaintiffs alleged that the rules violated the Immigration and Nationality Act and the Administrative Procedure Act (APA). They were represented by Crowell & Moring LLP, the National Immigrant Justice Center, the Center for Gender and Refugee Studies, and the Amica Center for Immigrant Rights.

The Immigration and Nationality Act (INA) provided select "mandatory bars" which, if applicable to a noncitizen, forbade that noncitizen from receiving relief from deportation or other immigration enforcement. These mandatory bars could only be applied subsequent to a decision on the merits of the immigration applicant's case. DHS' December 2024 rule purported to alter the timing of mandatory bars, prohibiting noncitizens from even applying for relief if it "appear[ed]" that a mandatory bar applied. EOIR's rule, issued nine days later, allowed its immigration judges to approve the 'appearance' of these mandatory bars. Plaintiffs contended that these rules allowed immigration enforcers to apply mandatory bars during screening interviews (instead of having to wait until after a hearing on the merits) and thus at a stage in the application process where applicants lacked access to any evidence with which to disprove the appearance of a mandatory bar.

On March 17, 2025, an asylum seeker from Afghanistan ("E.Q."), as well as the Amica Center for Immigrant Rights, Florence Immigrant and Refugee Rights Project, Refugee and Immigrant Center for Education and Legal Services filed this lawsuit in the United States District Court for the District of Columbia. The lawsuit named DHS, EOIR, U.S. Citizen and Immigration Services, and their corresponding agency heads as defendants. Plaintiffs sought declaratory and injunctive relief as well as  attorneys' fees. The case was assigned to Judge Christopher Reid Cooper. 

On March 19, 2025, plaintiffs filed an emergency motion for a temporary restraining order to stay E.Q.'s removal.

On June 12, 2025, the court denied plaintiffs' motion to stay E.Q.'s removal. The court found E.Q. likely lacked standing to challenge his removal under the DHS rule for two reasons. Firstly, because his removal was not traceable to the new rules where two separate asylum officials determined he lacked a credible fear of persecution in Afghanistan; secondly, because since the decision to remove E.Q. was grounded in reasons beyond the reach of the new rules, a court order holding the rule unlawful would not redress his impeding removal.

On June 20, 2025, plaintiffs filed an emergency motion for reconsideration of the court's denial of a stay, noting that they had obtained access to the previously unintroduced February 2025 decision of an Immigration Judge and that the court had not been able to consider that decision in rendering its opinion. The court denied this motion on June 26, 2025.

On July 14, 2025, defendants filed a motion to dismiss, arguing that the court lacked jurisdiction over E.Q., that organizational plaintiffs lacked standing, and that the new rules were both consistent with the INA and not arbitrary or capricious in violation of the APA. The court's decision on this motion is pending.

This case is ongoing.

Summary Authors

Alaa Mustafa (3/31/2025)

Matt Petrillo (7/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69748890/parties/eq-v-us-department-of-homeland-security/


Judge(s)
Attorney for Plaintiff

Alfredson, Peter Cameron (District of Columbia)

Berman, Amanda Shafer (District of Columbia)

Caldarone, Richard P. (District of Columbia)

Attorney for Defendant

Alsterberg, Cara Elizabeth (District of Columbia)

Arbeiter, Taryn L. (District of Columbia)

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-00791

Complaint

March 17, 2025

March 17, 2025

Complaint
23

1:25-cv-00791

Plaintiff E.Q.'s Emergency Motion to Stay Removal with Supporting Points and Authorities

May 13, 2025

May 13, 2025

Pleading / Motion / Brief
40

1:25-cv-00791

Memorandum Opinion and Order

June 26, 2025

June 26, 2025

Order/Opinion

2025 WL 1768208

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69748890/eq-v-us-department-of-homeland-security/

Last updated Aug. 21, 2025, 11:05 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KRISTI NOEM, SIRCE E. OWEN, KIKA SCOTT, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 405 receipt number ADCDC-11548249) filed by FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, AMICA CENTER FOR IMMIGRANT RIGHTS, E.Q., REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons)(Berman, Amanda) (Entered: 03/17/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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March 17, 2025

March 17, 2025

Clearinghouse
2

SEALED MOTION to Proceed Under Pseudonym filed by E.Q., AMICA CENTER FOR IMMIGRANT RIGHTS, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES (Attachments: # 1 Declaration)(Berman, Amanda) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

PACER
3

NOTICE of Appearance by Cara Elizabeth Alsterberg on behalf of All Defendants (Alsterberg, Cara) (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER
4

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jared Levine, Filing fee $ 100, receipt number ADCDC-11550695. Fee Status: Fee Paid. by E.Q., AMICA CENTER FOR IMMIGRANT RIGHTS, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing, # 4 Text of Proposed Order)(Berman, Amanda) (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER
5

NOTICE of Appearance by Taryn L. Arbeiter on behalf of All Defendants (Arbeiter, Taryn) (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER
6

NOTICE of Appearance by Keren Hart Zwick on behalf of All Plaintiffs (Zwick, Keren) (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER
7

NOTICE of Appearance by Shelby Wade on behalf of SIRCE E. OWEN, U.S. DEPARTMENT OF HOMELAND SECURITY, KRISTI NOEM, U.S. CITIZENSHIP & IMMIGRATION SERVICES, KIKA SCOTT, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (Wade, Shelby) (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER
10

SUMMONS (8) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 03/19/2025)

March 19, 2025

March 19, 2025

PACER
11

NOTICE of Appearance by Melissa E. Crow on behalf of All Plaintiffs (Crow, Melissa) (Entered: 03/19/2025)

March 19, 2025

March 19, 2025

PACER
12

NOTICE of Appearance- Pro Bono by Anne Elizabeth Peterson on behalf of All Plaintiffs (Peterson, Anne) (Entered: 03/19/2025)

March 19, 2025

March 19, 2025

PACER
8

Emergency MOTION for Temporary Restraining Order to Stay Removal with Supporting Points and Authorities by E.Q.. (Attachments: # 1 Local Rule 65.1(a) Certificate, # 2 Text of Proposed Order)(Berman, Amanda) Modified event on 3/19/2025 (znmw). (Entered: 03/19/2025)

March 19, 2025

March 19, 2025

PACER
9

NOTICE of Appearance- Pro Bono by Richard P. Caldarone on behalf of All Plaintiffs (Caldarone, Richard) (Entered: 03/19/2025)

March 19, 2025

March 19, 2025

PACER

Case Assigned/Reassigned

March 19, 2025

March 19, 2025

PACER

Order on Sealed Motion to Proceed Under Pseudonym

March 19, 2025

March 19, 2025

PACER

.Order AND ~Util - Set/Reset Hearings

March 19, 2025

March 19, 2025

PACER

.Order AND ~Util - Set/Reset Deadlines

March 19, 2025

March 19, 2025

PACER

Scheduling Conference

March 19, 2025

March 19, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

March 19, 2025

March 19, 2025

PACER

MINUTE ORDER: Believing that Plaintiff E.Q. has made the required showing on the relevant factors, the Court ORDERS that: 1) Plaintiff's 2 Sealed Motion to Proceed Under Pseudonym is GRANTED; and 2) He shall be permitted to proceed pseudonymously unless and until the assigned judge determines otherwise. Given the expedited nature of this matter, the Court determines that a full Opinion is not practical at this time. So ORDERED by Chief Judge James E. Boasberg on 3/19/2025. (lcjeb4)

March 19, 2025

March 19, 2025

PACER

Case Assigned to Judge Christopher R. Cooper. (znmw)

March 19, 2025

March 19, 2025

PACER

MINUTE ORDER directing the parties to appear for a remote scheduling conference on 3/19/25 at 3 p.m. via VTC before Judge Christopher R. Cooper. Zoom information will be provided separately. Plaintiffs counsel shall inform government counsel of the Courts order forthwith. Signed by Judge Christopher R. Cooper on 3/19/25. (lccrc3)

March 19, 2025

March 19, 2025

PACER

Minute Entry for video Scheduling Conference held before Judge Christopher R. Cooper on 3/19/2025. Forthcoming Scheduling Order. (Court Reporter: Lisa Moreira) (lsj)

March 19, 2025

March 19, 2025

PACER

MINUTE ORDER: Defendants shall file their response to 8 Plaintiff's Emergency Motion by March 26, 2025. Plaintiff shall file any reply by March 31, 2025. Signed by Judge Christopher R. Cooper on 3/19/25. (lccrc3)

March 19, 2025

March 19, 2025

PACER

MINUTE ORDER granting 4 Motion for Leave for Jared Levine to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Christopher R. Cooper on 3/19/2025. (lccrc2)

March 19, 2025

March 19, 2025

PACER

RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 9 NOTICE of Appearance- Pro Bono by Richard P. Caldarone on behalf of All Plaintiffs (Caldarone, Richard).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 3/26/2025. (zhcn) 3/21/2025 (zapb).

March 19, 2025

March 19, 2025

PACER

Notice of Provisional/Government Not Certified Status

March 20, 2025

March 20, 2025

PACER
13

NOTICE of Appearance by Jared Levine on behalf of All Plaintiffs (Levine, Jared) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
14

Unopposed MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Temporary Restraining Order by SIRCE E. OWEN, U.S. DEPARTMENT OF HOMELAND SECURITY, KRISTI NOEM, U.S. CITIZENSHIP & IMMIGRATION SERVICES, KIKA SCOTT, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW. (Attachments: # 1 Text of Proposed Order)(Alsterberg, Cara) (Entered: 03/26/2025)

March 26, 2025

March 26, 2025

PACER
15

NOTICE of Appearance by Peter Cameron Alfredson on behalf of All Plaintiffs (Alfredson, Peter) (Main Document 15 replaced on 3/26/2025) (zjm). (Entered: 03/26/2025)

March 26, 2025

March 26, 2025

PACER
16

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Judy He, Filing fee $ 100, receipt number ADCDC-11568502. Fee Status: Fee Paid. by E.Q., AMICA CENTER FOR IMMIGRANT RIGHTS, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Berman, Amanda) (Entered: 03/26/2025)

March 26, 2025

March 26, 2025

PACER

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

March 26, 2025

March 26, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

March 26, 2025

March 26, 2025

PACER

MINUTE ORDER granting Defendants' 14 Motion for Extension of Time to File Response. Defendants shall file their response by March 27, 2025. Plaintiffs shall file their reply by April 8, 2025. Signed by Judge Christopher R. Cooper on 3/26/2025. (lccrc2)

March 26, 2025

March 26, 2025

PACER

MINUTE ORDER granting 16 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Christopher R. Cooper on 3/26/2025. (lccrc2)

March 26, 2025

March 26, 2025

PACER
17

NOTICE of Appearance- Pro Bono by Robert Pauw on behalf of All Plaintiffs (Pauw, Robert) (Entered: 03/27/2025)

March 27, 2025

March 27, 2025

PACER
18

STIPULATION re Order on Motion for Extension of Time to File Response/Reply,, Set/Reset Deadlines, by SIRCE E. OWEN, U.S. DEPARTMENT OF HOMELAND SECURITY, KRISTI NOEM, U.S. CITIZENSHIP & IMMIGRATION SERVICES, KIKA SCOTT, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW. (Attachments: # 1 Text of Proposed Order)(Alsterberg, Cara) (Entered: 03/27/2025)

1 Text of Proposed Order

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March 27, 2025

March 27, 2025

PACER
19

NOTICE of Appearance by Judy He on behalf of All Plaintiffs (He, Judy) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

PACER

.Order AND ~Util - Set/Reset Deadlines

March 28, 2025

March 28, 2025

PACER

MINUTE ORDER: In light of the parties' 18 Joint Stipulation, the Court hereby stays the briefing schedule entered March 26, 2025. The parties shall submit a joint status report after they meet and confer following the entry of a new credible fear determination for Plaintiff E.Q. Signed by Judge Christopher R. Cooper on 3/28/2025. (lccrc2)

March 28, 2025

March 28, 2025

PACER
20

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jung Shin, Filing fee $ 100, receipt number ADCDC-11577584. Fee Status: Fee Paid. by E.Q., AMICA CENTER FOR IMMIGRANT RIGHTS, FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Berman, Amanda) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 1, 2025

April 1, 2025

PACER

MINUTE ORDER granting 20 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Christopher R. Cooper on 4/1/2025. (lccrc2)

April 1, 2025

April 1, 2025

PACER
21

Emergency MOTION for Briefing Schedule on a renewed motion for stay of removal of Plaintiff E.Q., by AMICA CENTER FOR IMMIGRANT RIGHTS, E.Q., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Text of Proposed Order)(Levine, Jared) (Entered: 05/09/2025)

1 Text of Proposed Order

View on RECAP

May 9, 2025

May 9, 2025

RECAP

Order on Motion for Briefing Schedule AND Set/Reset Deadlines

May 9, 2025

May 9, 2025

PACER

MINUTE ORDER granting Plaintiffs' 21 Motion for Briefing Schedule. Plaintiffs shall file a renewed motion for a stay of removal by May 12, 2025. Defendants shall file their response by May 14, 2025. Plaintiffs shall file their reply by May 15, 2025. Signed by Judge Christopher R. Cooper on 5/9/2025. (lccrc2)

May 9, 2025

May 9, 2025

PACER
22

Joint MOTION to amend briefing schedule on Plaintiffs' renewed emergency motion and stay all other deadlines re Order on Motion for Briefing Schedule,, Set/Reset Deadlines, by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KRISTI NOEM, SIRCE E. OWEN, KIKA SCOTT, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Alsterberg, Cara) (Entered: 05/12/2025)

1 Text of Proposed Order

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May 12, 2025

May 12, 2025

RECAP
23

MOTION to Stay Removal with Supporting Points and Authorities by E.Q.. (Attachments: # 1 Declaration of Colleen Cowgill, # 2 Text of Proposed Order)(Levine, Jared) (Entered: 05/13/2025)

1 Declaration of Colleen Cowgill

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2 Text of Proposed Order

View on PACER

May 13, 2025

May 13, 2025

Clearinghouse
24

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by E.Q. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order)(Levine, Jared) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

PACER

Order on Motion for Miscellaneous Relief AND Set/Reset Deadlines AND Terminate Deadlines

May 13, 2025

May 13, 2025

PACER

MINUTE ORDER granting the parties' 22 Joint Motion Amending Deadlines Regarding Plaintiffs' Renewed Emergency Stay Motion and Staying All Other Deadlines Pending Resolution of Plaintiffs' Motion. The briefing schedule is hereby revised as follows: Plaintiffs shall file their renewed stay motion by May 13, 2025, Defendants shall file their opposition by May 16, 2025, and Plaintiffs shall file their reply by May 20, 2025. All other deadlines are hereby stayed pending resolution of Plaintiffs' motion. Signed by Judge Christopher R. Cooper on 5/13/2025. (lccrc2)

May 13, 2025

May 13, 2025

PACER
29

SEALED Exhibits filed by E.Q.. re 23 Motion to Stay. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit, # 2 Exhibit)(zjm) (Entered: 05/23/2025)

May 15, 2025

May 15, 2025

PACER

Order on Sealed Motion for Leave to File Document Under Seal

May 15, 2025

May 15, 2025

PACER

MINUTE ORDER granting Plaintiffs' 24 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Christopher R. Cooper on 5/15/2025. (lccrc2)

May 15, 2025

May 15, 2025

PACER
25

Memorandum in opposition to re 23 MOTION to Stay Removal with Supporting Points and Authorities filed by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KRISTI NOEM, SIRCE E. OWEN, KIKA SCOTT, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A, May 16, 2025 Declaration of Casey L. Martinez)(Alsterberg, Cara) (Entered: 05/16/2025)

1 Exhibit A, May 16, 2025 Declaration of Casey L. Martinez

View on RECAP

May 16, 2025

May 16, 2025

RECAP
26

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KRISTI NOEM, SIRCE E. OWEN, KIKA SCOTT, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit E.Q.s May 9, 2025 CFR, # 2 Text of Proposed Order)(Alsterberg, Cara) (Entered: 05/19/2025)

May 19, 2025

May 19, 2025

PACER
27

REPLY to opposition to motion re 23 Motion to Stay Removal filed by E.Q.. (Levine, Jared) (Entered: 05/20/2025)

May 20, 2025

May 20, 2025

RECAP
28

Joint MOTION to Continue May 22 Hearing to June 4 by E.Q.. (Levine, Jared) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

RECAP

.Order AND ~Util - Set/Reset Hearings

May 21, 2025

May 21, 2025

PACER

MINUTE ORDER: The parties are hereby ORDERED to appear for a hearing on Plaintiffs' 23 Motion to Stay Removal on May 22, 2025, at 11:00 AM in Courtroom 27A before Judge Christopher R. Cooper (in person). Signed by Judge Christopher R. Cooper on 5/21/2025. (lccrc2)

May 21, 2025

May 21, 2025

PACER

MINUTE ORDER granting 28 Joint Motion to Continue. The motion hearing set for May 22, 2025, is hereby CONTINUED to May 29, 2025, at 2:00 PM in Courtroom 27A before Judge Christopher R. Cooper (in person). Signed by Judge Christopher R. Cooper on 5/21/2025. (lccrc2)

May 21, 2025

May 21, 2025

PACER

.Order

May 26, 2025

May 26, 2025

PACER

MINUTE ORDER: At the motion hearing on Thursday, May 29, 2025, the parties should be prepared to address: (1) whether E.Q.'s withholding of removal claim is, as the government represents, "the only claim potentially impacted by the [challenged] Rules," see ECF 25 at 14; (2) whether E.Q.'s first negative credible fear determination was based on a failure to establish nexus; (3) the extent to which E.Q.'s second negative credible fear determination depended on the Securing the Border Rule and, relatedly, whether a finding that E.Q. was not credible would have resulted in a negative credible fear determination absent the Securing the Border Rule; and (4) whether the Court has jurisdiction to determine the legal effect of the second negative credible fear determination and, if it does, whether that issue is properly before the Court. Signed by Judge Christopher R. Cooper on 5/26/2025. (lccrc2)

May 26, 2025

May 26, 2025

PACER
30

SEALED DOCUMENT filed by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KRISTI NOEM, SIRCE E. OWEN, KIKA SCOTT, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY re 26 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KRISTI NOEM, SIRCE E. OWEN, KIKA SCOTT, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY (This document is SEALED and only (This document is SEALED and only available to authorized persons.)(Alsterberg, Cara) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
31

NOTICE of Appearance by Christina Greer on behalf of EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KRISTI NOEM, SIRCE E. OWEN, KIKA SCOTT, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY (Greer, Christina) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER

Motion Hearing

May 29, 2025

May 29, 2025

PACER

Minute Entry for Motion Hearing held on 5/29/2025 before Judge Christopher R. Cooper. Oral arguments submitted on Plaintiff's Motion 23 to Stay Removal. Court takes matter under advisement. Order forthcoming. Court Reporter: Chandra Kean. (zljn)

May 29, 2025

May 29, 2025

PACER
32

NOTICE by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KRISTI NOEM, SIRCE E. OWEN, KIKA SCOTT, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY (Arbeiter, Taryn) (Entered: 06/03/2025)

June 3, 2025

June 3, 2025

RECAP
32

NOTICE by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KRISTI NOEM, SIRCE E. OWEN, KIKA SCOTT, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY (Arbeiter, Taryn) (Entered: 06/03/2025)

June 3, 2025

June 3, 2025

RECAP
33

Notice of Withdrawal of Appearance

June 4, 2025

June 4, 2025

RECAP
33

NOTICE OF WITHDRAWAL OF APPEARANCE as to EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KRISTI NOEM, SIRCE E. OWEN, KIKA SCOTT, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. Attorney Christina Greer terminated. (Greer, Christina) (Entered: 06/04/2025)

June 4, 2025

June 4, 2025

RECAP
34

NOTICE by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KRISTI NOEM, SIRCE E. OWEN, KIKA SCOTT, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY (Wade, Shelby) (Entered: 06/11/2025)

June 11, 2025

June 11, 2025

RECAP
34

NOTICE by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KRISTI NOEM, SIRCE E. OWEN, KIKA SCOTT, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY (Wade, Shelby) (Entered: 06/11/2025)

June 11, 2025

June 11, 2025

RECAP
35

SEALED MEMORANDUM OPINION AND ORDER denying Plaintiffs' Motion 23 to Stay Removal. The parties shall file a notice by June 26, 2025 and the Defendants shall answer by July 14, 2025. See document for full details. (This document is SEALED and only available to authorized persons.) Signed by Judge Christopher R. Cooper on 6/12/2025.(zlsj) (Entered: 06/12/2025)

June 12, 2025

June 12, 2025

PACER
35

SEALED MEMORANDUM OPINION AND ORDER denying Plaintiffs' Motion 23 to Stay Removal. The parties shall file a notice by June 26, 2025 and the Defendants shall answer by July 14, 2025. See document for full details. (This document is SEALED and only available to authorized persons.) Signed by Judge Christopher R. Cooper on 6/12/2025.(zlsj) (Entered: 06/12/2025)

June 12, 2025

June 12, 2025

PACER
36

MOTION for Reconsideration re 35 Sealed Order, by AMICA CENTER FOR IMMIGRANT RIGHTS, E.Q., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Zwick, Keren) (Entered: 06/20/2025)

1 Exhibit

View on PACER

2 Text of Proposed Order

View on PACER

June 20, 2025

June 20, 2025

RECAP

.Order AND ~Util - Set/Reset Deadlines

June 23, 2025

June 23, 2025

PACER

.Order AND Status Report Order

June 23, 2025

June 23, 2025

PACER

MINUTE ORDER: Defendants are hereby ordered to respond to Plaintiffs' 36 Motion for Reconsideration by June 24, 2025. Signed by Judge Christopher R. Cooper on 6/23/2025. (lccrc2)

June 23, 2025

June 23, 2025

PACER

MINUTE ORDER: In light of the parties' 8 Joint Status Report, the parties shall file a further status report by August 22, 2025, and every sixty days thereafter. Signed by Judge Christopher R. Cooper on 6/23/2025. (lccrc2)

June 23, 2025

June 23, 2025

PACER

ENTERED IN ERROR....MINUTE ORDER: In light of the parties' 8 Joint Status Report, the parties shall file a further status report by August 22, 2025, and every sixty days thereafter. Signed by Judge Christopher R. Cooper on 6/23/2025. (lccrc2) Modified on 6/24/2025 (zlsj).

June 23, 2025

June 23, 2025

PACER
37

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KRISTI NOEM, SIRCE E. OWEN, KIKA SCOTT, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit CAR of Plaintiff E.Q.'s First CFR Proceedings, # 2 Text of Proposed Order)(Wade, Shelby) (Entered: 06/24/2025)

June 24, 2025

June 24, 2025

PACER
38

RESPONSE re 36 MOTION for Reconsideration re 35 Sealed Order, filed by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KRISTI NOEM, SIRCE E. OWEN, KIKA SCOTT, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A, June 24, 2025 Declaration of Jessica Harrold, # 2 Text of Proposed Order)(Wade, Shelby) (Entered: 06/24/2025)

June 24, 2025

June 24, 2025

PACER
39

REPLY to opposition to motion re 36 Motion to Alter Judgment, filed by E.Q.. (Attachments: # 1 Declaration Declaration of Colleen Cowgill dated June 25, 2025)(Levine, Jared) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

PACER
40

REDACTED MEMORANDUM OPINION AND ORDER denying Plaintiffs' 23 Motion to Stay E.Q.'s Removal. See full Redacted Memorandum Opinion and Order for details. Signed by Judge Christopher R. Cooper on 6/26/2025. (lccrc2) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

RECAP
41

OPINION AND ORDER denying Plaintiff E.Q.'s 36 Motion to Alter the June 12, 2025, Memorandum Denying his Stay of Removal. See full Opinion and Order for details. Signed by Judge Christopher R. Cooper on 6/26/2025. (lccrc2) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

PACER
42

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, KRISTI NOEM, SIRCE E. OWEN, KIKA SCOTT, U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Memorandum in Support, # 2 DHS administrative record table of contents, # 3 EOIR administrative record table of contents, # 4 Text of Proposed Order)(Alsterberg, Cara) (Entered: 07/14/2025)

1 Memorandum in Support

View on RECAP

2 DHS administrative record table of contents

View on RECAP

3 EOIR administrative record table of contents

View on RECAP

4 Text of Proposed Order

View on RECAP

July 14, 2025

July 14, 2025

RECAP
43

Joint MOTION for Briefing Schedule on Defendants' Motion to Dismiss by AMICA CENTER FOR IMMIGRANT RIGHTS, E.Q., FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Levine, Jared) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

PACER

Order on Motion for Briefing Schedule

July 18, 2025

July 18, 2025

PACER

MINUTE ORDER granting 43 Motion for Briefing Schedule. Plaintiffs shall file their opposition by August 29, 2025. Defendants shall file their reply by September 26, 2025. Signed by Judge Christopher R. Cooper on 7/18/2025. (lccrc1)

July 18, 2025

July 18, 2025

PACER

Case Details

State / Territory: District of Columbia

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: March 17, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An asylum seeker from Afghanistan and three nonprofits organizations focused on asylum work.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

National Immigrant Justice Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Citizenship and Immigration Services (Washington D.C.), Federal

Executive Office for Immigration Review (Washington D.C.), Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

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:

Asylum - criteria

Asylum - procedure

Deportation - criteria

Deportation - procedure

Legalization/Amnesty

Refugees

Undocumented immigrants - rights and duties