Case: J.P.P. v. U.S. Department of Homeland Security

1:25-cv-01048 | U.S. District Court for the District of Colorado

Filed Date: April 2, 2025

Closed Date: April 9, 2025

Clearinghouse coding complete

Case Summary

This case is about a detained asylum seeker’s attempt to prevent deportation to a third country without notice or a hearing. On April 2, 2025, a noncitizen asylum seeker detained at a U.S. Immigration and Customs Enforcement (ICE) detention center filed this lawsuit in the United States District Court for the District of Colorado against the U.S. Department of Homeland Security, the Attorney General, and the Warden of Aurora Contract Detention Facility. The case was assigned to Judge Robert E. …

This case is about a detained asylum seeker’s attempt to prevent deportation to a third country without notice or a hearing. On April 2, 2025, a noncitizen asylum seeker detained at a U.S. Immigration and Customs Enforcement (ICE) detention center filed this lawsuit in the United States District Court for the District of Colorado against the U.S. Department of Homeland Security, the Attorney General, and the Warden of Aurora Contract Detention Facility. The case was assigned to Judge Robert E. Blackburn and was shortly after reassigned to Judge Daniel D. Domenico and Magistrate Judge Timothy P. O'Hara.

Represented by the ACLU of Colorado, the plaintiff sought declaratory and injunctive relief to prohibit his removal without proper notice, a hearing, and an individualized determination of his fear of persecution, and to enforce the protections afforded by a nationwide temporary restraining order in the class action lawsuit D.V.D. v. U.S. Department of Homeland Security, 1:25-cv-10676 (D. Mass.). He argued that deporting him to a third country without notice or an opportunity to contest the removal would violate the Fifth Amendment, the Administrative Procedure Act, and the court-ordered protections in the related class action.

On April 2, 2025, the plaintiff also filed a motion for a temporary restraining order to prevent ICE from carrying out such a removal. He sought to have the court enjoin the transfer unless ICE first provided notice and an opportunity to raise a fear-based claim, consistent with constitutional and statutory due process requirements and the nationwide injunction issued in D.V.D.

The court denied the TRO on April 3, 2025, reasoning that because the plaintiff acknowledged the District of Massachusetts had already issued a nationwide injunction in D.V.D. v. DHS prohibiting the conduct at issue, there was no need for additional injunctive relief.

On April 7, 2025, the plaintiff filed a stipulation of dismissal without prejudice, which the court granted two days later. The case was closed on April 9, 2025.

Summary Authors

Madilynn O'Hara (4/24/2025)

Victoria Tan (7/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69835160/parties/jpp-v-us-department-of-homeland-security/


Judge(s)

Domenico, Daniel Desmond (Colorado)

Attorney for Plaintiff

Jordan, Elizabeth B. (Colorado)

Kurtz, Anna I. (Colorado)

Macdonald, Timothy R. (Colorado)

Attorney for Defendant

Lake, Jennifer Rose (Colorado)

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Documents in the Clearinghouse

Document
1

1:25-cv-01048

Complaint

April 2, 2025

April 2, 2025

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69835160/jpp-v-us-department-of-homeland-security/

Last updated Aug. 21, 2025, 9:34 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Pamela Bondi, Dawn Ceja, Kristi Noem, U.S. Department of Homeland Security (Filing fee $ 405,Receipt Number ACODC-10251518)Attorney Emma K. Mclean-Riggs added to party J.P.P.(pty:pla), filed by J.P.P.. (Attachments: # 1 Civil Cover Sheet)(Mclean-Riggs, Emma) (Entered: 04/02/2025)

1 Civil Cover Sheet

View on PACER

April 2, 2025

April 2, 2025

Clearinghouse
10

ORDER REFERRING CASE to Magistrate Judge Timothy P O'Hara. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 4/2/2025. Text Only Entry. (rkeec) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
11

NOTICE of Entry of Appearance by Jennifer Rose Lake on behalf of U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Dawn CejaAttorney Jennifer Rose Lake added to party U.S. Department of Homeland Security(pty:dft), Attorney Jennifer Rose Lake added to party Kristi Noem(pty:dft), Attorney Jennifer Rose Lake added to party Pamela Bondi(pty:dft), Attorney Jennifer Rose Lake added to party Dawn Ceja(pty:dft) (Lake, Jennifer) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
12

NOTICE of Entry of Appearance by Victor William Scarpato, III on behalf of All Defendants Attorney Victor William Scarpato, III added to party U.S. Department of Homeland Security(pty:dft), Attorney Victor William Scarpato, III added to party Kristi Noem(pty:dft), Attorney Victor William Scarpato, III added to party Pamela Bondi(pty:dft), Attorney Victor William Scarpato, III added to party Dawn Ceja(pty:dft) (Scarpato, Victor) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
13

STATUS REPORT re Motion for Temporary Restraining Order by Defendants U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Dawn Ceja. (Attachments: # 1 Exhibit 1 - TRO, D.V.D. v. U.S. Dep't of Homeland Security, et al., # 2 Exhibit 2 - Order of Immigration Judge (Slip Sheet))(Scarpato, Victor) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
14

RESTRICTED DOCUMENT - Level 1: Exhibit 2 to Status Report (ECF No. 13) by Defendants U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Dawn Ceja.. (Scarpato, Victor) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
15

ORDER denying 5 Emergency Motion for Temporary Restraining Order. As Plaintiff acknowledges, temporary restraining orders may only issue where it is necessary to preserve the status quo and the relative positions of the parties until a trial on the merits can be held. Given Plaintiff's representation that the District of Massachusetts has already issued a nationwide injunction prohibiting the conduct at issue in this case, there is no need for additional injunctive relief at this time. However, to the extent injunctive relief may be warranted at a future time, I will treat the motion as one for a preliminary injunction pursuant to Federal Rule of Civil Procedure 65(a). Plaintiff must, as soon as possible but no later than 05:00 PM on 4/3/2025, serve each defendant with (1) a summons; (2) a copy of the motion, Dkt. 5, and all exhibits thereto; and (3) a copy of this Order in accordance with the requirements of Federal Rule of Civil Procedure 4. Plaintiff must promptly file proof of such service in accordance with Federal Rule of Civil Procedure 4(l)(1).The defendants must respond to the motion by 4/9/2025, and Plaintiff may file a reply in support of the motion by 4/16/2025.The parties must submit all pertinent exhibits and direct witness testimony (by affidavit or declaration) as attachments to their briefs. After reviewing the defendant's responses and Plaintiff's reply, if any, the Court will determine whether to (a) set a preliminary-injunction hearing, (b) request supplemental briefing from the parties on specific legal or factual questions, or (c) decide the motion on the papers submitted. Live testimony at the preliminary-injunction hearing, if one is held, will be limited to cross-examination and redirect examination. SO ORDERED by Judge Daniel D. Domenico on 4/2/2025. Text Only Entry(dddlc9, ) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
2

MOTION for Leave to Appear Under Pseudonym by Plaintiff J.P.P.. (Mclean-Riggs, Emma) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
3

Case assigned to Judge Robert E. Blackburn. Text Only Entry. (agryan) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
4

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No summons issued. (agryan) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
5

Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff J.P.P.. (Attachments: # 1 Exhibit A - Mclean-Riggs Declaration, # 2 Proposed Order (PDF Only))(Mclean-Riggs, Emma) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
6

NOTICE of Entry of Appearance by Sara R. Neel on behalf of J.P.P.Attorney Sara R. Neel added to party J.P.P.(pty:pla) (Neel, Sara) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
7

ORDER DIRECTING REASSIGNMENT This matter is before me on the Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction [# 5 ]1 filed April 2, 2025. I find the issues raised in the motion specified above to be sufficiently intertwined with the merits of the underlying controversy to suggest that the AP judge should refrain from resolving those issues to avoid binding the merits judge to a ruling which he or she may view differently. THEREFORE, IT IS ORDERED that the clerk shall assign this case to a judge for resolution on the merits under the random assignment procedure of D.C.COLO.LCiv.R 40.1. By Judge Robert E. Blackburn on 4/2/2025. Case randomly reassigned to Judge Daniel D. Domenico and drawn to Judge Timothy P O'Hara for all further proceedings. Judge Robert E. Blackburn no longer assigned to case (norlin, ) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
8

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, ) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
9

NOTICE of Entry of Appearance by Anna I. Kurtz on behalf of J.P.P.Attorney Anna I. Kurtz added to party J.P.P.(pty:pla) (Kurtz, Anna) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER

Order Referring Case to Magistrate Judge

April 2, 2025

April 2, 2025

PACER

Order on Motion for TRO

April 2, 2025

April 2, 2025

PACER
16

NOTICE of Entry of Appearance by Timothy R. Macdonald on behalf of J.P.P.Attorney Timothy R. Macdonald added to party J.P.P.(pty:pla) (Macdonald, Timothy) (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

PACER
17

SUMMONS REQUEST as to U.S. DEPARTMENT OF HOMELAND SECURITY by Plaintiff J.P.P.. (Attachments: # 1 Summons of KRISTI NOEM, Secretary, U.S. Department of Homeland Security, in her official capacity, # 2 Summons of PAMELA BONDI, U.S. Attorney General, in her official capacity, # 3 Summons of DAWN CEJA, Warden, Aurora Contract Detention Facility, in her official capacity)(Neel, Sara) (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

PACER
18

SUMMONS issued by Clerk in re: 17 . (ggill, ) (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

PACER
19

RESPONSE to 2 MOTION for Leave to Appear Under Pseudonym (No Opposition) filed by Defendants U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Dawn Ceja. (Scarpato, Victor) (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

PACER
20

SUMMONS Returned Executed by J.P.P.. Pamela Bondi served on 4/3/2025, answer due 4/24/2025; Dawn Ceja served on 4/3/2025, answer due 4/24/2025; Kristi Noem served on 4/3/2025, answer due 4/24/2025; U.S. Department of Homeland Security served on 4/3/2025, answer due 4/24/2025. (Neel, Sara) (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

PACER
21

NOTICE of Entry of Appearance by Elizabeth B. Jordan on behalf of J.P.P.Attorney Elizabeth B. Jordan added to party J.P.P.(pty:pla) (Jordan, Elizabeth) (Entered: 04/04/2025)

April 4, 2025

April 4, 2025

PACER
22

Unopposed MOTION for Leave to Restrict by Defendants U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Dawn Ceja. (Lake, Jennifer) (Entered: 04/04/2025)

April 4, 2025

April 4, 2025

RECAP
23

ORDER granting 22 Motion for Leave to Restrict. The Clerk of Court is directed to maintain Dkt. 14 at Level 1 restriction. SO ORDERED by Judge Daniel D. Domenico on 4/7/2025. Text Only Entry(dddlc9, ) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER
24

STIPULATION of Dismissal of Case without Prejudice by Plaintiff J.P.P.. (Neel, Sara) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

RECAP

Order on Motion for Leave to Restrict

April 7, 2025

April 7, 2025

PACER
25

ORDER DISMISSING CASE pursuant to 24 Stipulation of Dismissal. All claims asserted in this action are DISMISSED WITHOUT PREJUDICE, with each party to bear its own fees and costs. SO ORDERED by Judge Daniel D. Domenico on 4/9/2025. Text Only Entry (dddlc9, ) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
26

Civil Case Terminated pursuant to 25 ORDER DISMISSING CASE filed in this case on 4/9/2025. Text Only Entry (angar, ) (Entered: 04/10/2025)

April 9, 2025

April 9, 2025

PACER

Order

April 9, 2025

April 9, 2025

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 2.0: Challenges to the Government

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

Key Dates

Filing Date: April 2, 2025

Closing Date: April 9, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

noncitizen asylum seeker detained at an Immigration and Customs Enforcement (ICE) detention center

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

U.S. Attorney General, Federal

Secretary, U.S. Department of Homeland Security, Federal

Warden, Aurora Contract Detention Facility, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Asylum - criteria

Asylum - procedure

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Detention - criteria

Detention - procedures

Refugees

Undocumented immigrants - rights and duties