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 in progress

Case Summary

On March 17, 2025, an asylum seeker from Afghanistan, 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 case was assigned to Judge Christopher R. Cooper. The Plaintiffs named the U.S. Department of Homeland Security, U.S. Citizen and Immigration Services, the Executive Office for Immigration Review, …

On March 17, 2025, an asylum seeker from Afghanistan, 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 case was assigned to Judge Christopher R. Cooper. The Plaintiffs named the U.S. Department of Homeland Security, U.S. Citizen and Immigration Services, the Executive Office for Immigration Review, and their corresponding agency heads as Defendants. The Plaintiffs challenged a rule issued under the Biden administration categorically barring certain noncitizens from applying for asylum. They alleged that the rule violated the Immigration and Nationality Act and the Administrative Procedure Act. The Plaintiffs were represented by Crowell & Morig LLP, the National Immigrant Justice Center, the Center for Gender and Refugee Studies, and a lawyer from Amica Center for Immigrant Rights. They sought declaratory and injunctive relief, as well as Plaintiffs' cost of suit and attorney fees.

On March 19, 2025, the Plaintiffs filed an emergency motion for temporary restraining order to stay removal of the individual plaintiff. The case is ongoing.

 

 

Summary Authors

Alaa Mustafa (3/31/2025)

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)

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Documents in the Clearinghouse

Document
1

1:25-cv-00791

Complaint

March 17, 2025

March 17, 2025

Complaint

Docket

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

Last updated April 21, 2025, 2:58 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

View on PACER

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

View on PACER

7 Summons

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8 Summons

View on PACER

9 Summons

View on PACER

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
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

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
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

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
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

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
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

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
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

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

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
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

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

View on PACER

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

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