Case: Sultan v. Trump

President Donald Trump

President Donald Trump

COMPLAINT against PAMELA BONDI, TODD M. LYONS, KRISTI NOEM, MARCO RUBIO, DONALD J. TRUMP ( Filing fee $ 405 receipt number ADCDC-11616142) filed by AHWAR SULTAN, STUDENTS FOR JUSTICE IN PALESTINE AT THE OHIO STATE UNIVERSITY. (Attachments: # 1 Summons Bondi, # 2 Summons Lyons, # 3 Summons Noem, # 4 Summons Rubio, # 5 Summons Trump, # 6 Summons US Attorney, # 7 Civil Cover Sheet)(Al-Akhras, Jana) (Entered: 04/15/2025)

1 Summons Bondi

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2 Summons Lyons

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3 Summons Noem

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4 Summons Rubio

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5 Summons Trump

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6 Summons US Attorney

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7 Civil Cover Sheet

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NOTICE of Appearance by Rafael N. Urena on behalf of STUDENTS FOR JUSTICE IN PALESTINE AT THE OHIO STATE UNIVERSITY, AHWAR SULTAN (Urena, Rafael) (Entered: 04/15/2025)

Case Assigned to Judge Tanya S. Chutkan. (znmw)

Case Assigned/Reassigned

SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 04/16/2025)

1 Notice and Consent

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MOTION for Temporary Restraining Order by STUDENTS FOR JUSTICE IN PALESTINE AT THE OHIO STATE UNIVERSITY, AHWAR SULTAN. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B)(Urena, Rafael) (Entered: 04/17/2025)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Exhibit A

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4 Exhibit B

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NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of All Defendants (Carilli, Joseph) (Entered: 04/17/2025)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: In light of Plaintiffs' 4 Motion for a Temporary Restraining Order, the parties shall meet and confer and file a Joint Status Report by April 19, 2025, at 12:00 PM, indicating whether the parties consent to a temporary restraining order similar to the order entered in 25-cv-1097. If so, the parties shall include a proposed order. Signed by Judge Tanya S. Chutkan on 4/18/25. (lcdh)

Joint STATUS REPORT by PAMELA BONDI, TODD M. LYONS, KRISTI NOEM, MARCO RUBIO, DONALD J. TRUMP. (Carilli, Joseph) (Entered: 04/18/2025)

~Util - Set/Reset Deadlines/Hearings

MINUTE ORDER: In light of the parties' 6 Joint Status Report and their inability "to reach an agreement to stipulate to a temporary restraining order" similar to the order reached in 25-cv-1097, the parties are hereby ORDERED to appear for a hearing regarding Plaintiffs' 4 Motion for Temporary Restraining Order on April 23, 2025, at 4:00 PM EST in Courtroom 9 In Person or VTC via Zoom before Judge Tanya S. Chutkan. The court will provide access for the public to telephonically attend the hearing. The hearing can be accessed by dialing the Toll Free Number: 833-990-9400 (Meeting ID: 493633106). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. It is further ORDERED that Defendants' Response to Plaintiffs' 4 Motion for Temporary Restraining Order is due on April 21, 2025. Plaintiffs may reply on April 22, 2025. Signed by Tanya S. Chutkan on 4/19/25. (lcdh)

NOTICE OF SUPPLEMENTAL AUTHORITY by STUDENTS FOR JUSTICE IN PALESTINE AT THE OHIO STATE UNIVERSITY, AHWAR SULTAN (Attachments: # 1 1:25-cv-01998-VMC Order Granting TRO)(Al-Akhras, Jana) (Entered: 04/21/2025)

1 1:25-cv-01998-VMC Order Granting TRO

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Memorandum in opposition to re 4 MOTION for Temporary Restraining Order filed by PAMELA BONDI, TODD M. LYONS, KRISTI NOEM, MARCO RUBIO, DONALD J. TRUMP. (Attachments: # 1 Exhibit A)(Carilli, Joseph) (Entered: 04/21/2025)

1 Exhibit A

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REPLY to opposition to motion re 4 Motion for TRO, filed by STUDENTS FOR JUSTICE IN PALESTINE AT THE OHIO STATE UNIVERSITY, AHWAR SULTAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Al-Akhras, Jana) (Entered: 04/22/2025)

NOTICE OF SUPPLEMENTAL AUTHORITY by STUDENTS FOR JUSTICE IN PALESTINE AT THE OHIO STATE UNIVERSITY, AHWAR SULTAN (Attachments: # 1 Opinion and Order)(Al-Akhras, Jana) (Entered: 04/23/2025)

1 Opinion and Order

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Motion Hearing

Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing held on 4/23/2025 re 4 MOTION for Temporary Restraining Order filed by STUDENTS FOR JUSTICE IN PALESTINE AT THE OHIO STATE UNIVERSITY, AHWAR SULTAN. Order Forthcoming via Chambers. (Court Reporter Bryan Wayne.) (zcll)

TRANSCRIPT OF TRO MOTION HEARING before Judge Tanya S. Chutkan held on April 23, 2025; Page Numbers: 1-33. Date of Issuance: 4/24/2025. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/15/2025. Redacted Transcript Deadline set for 5/25/2025. Release of Transcript Restriction set for 7/23/2025.(Wayne, Bryan) (Entered: 04/24/2025)

MEMORANDUM OPINION re: Plaintiff's 4 Motion for a Temporary Restraining Order. Signed by Judge Tanya S. Chutkan on 4/24/2025.(lcdh) (Entered: 04/24/2025)

ORDER GRANTING IN PART and DENYING IN PART Plaintiff's 4 Motion for a Temporary Restraining Order. See Order for details. Signed by Judge Tanya S. Chutkan on 4/25/2025. (lcdh) (Entered: 04/25/2025)

MOTION to Expedite Production of Administrative Record by STUDENTS FOR JUSTICE IN PALESTINE AT THE OHIO STATE UNIVERSITY, AHWAR SULTAN. (Attachments: # 1 Text of Proposed Order)(Urena, Rafael) (Entered: 04/26/2025)

1 Text of Proposed Order

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NOTICE of Appearance by Brian P. Hudak on behalf of All Defendants (Hudak, Brian) (Entered: 04/26/2025)

Joint STATUS REPORT by PAMELA BONDI, TODD M. LYONS, KRISTI NOEM, MARCO RUBIO, DONALD J. TRUMP. (Hudak, Brian) (Entered: 04/26/2025)

.Order AND ~Util - Set/Reset Deadlines AND ~Util - Set/Reset Hearings

MINUTE ORDER: In light of the parties' 16 Joint Status Report, the court clarifies that its 13 order, requiring Defendants to "ensure that a representative of the United States Department of Homeland Security is present at its next scheduled hearing who can make authoritative representations to the court on behalf of the agency and United States Immigration and Customs Enforcement" regarding Plaintiff Sultan's F-1 legal status, did, in fact, refer to its "next scheduled hearing." Given that Plaintiffs intend to seek a preliminary injunction, the court's order applies to Plaintiffs' forthcoming preliminary injunction hearing. Accordingly, the following briefing schedule is hereby ORDERED: Defendants' response to Plaintiffs' 14 Motion to Expedite the Production of the Administrative Record is due by April 30, 2025; Plaintiffs' Motion for a Preliminary Injunction is due by May 9, 2025; Defendants' Response is due by May 16, 2025; Plaintiffs' reply is due by May 23, 2025. In their preliminary injunction briefing, the parties should address whether Students for Justice in Palestine at the Ohio State University has standing. The parties are further ORDERED to appear for a hearing regarding Plaintiffs' Motion for a Preliminary Injunction on May 30, 2025, at 11:00 AM EST in Courtroom 9 In Person or VTC via Zoom before Judge Tanya S. Chutkan. The court will provide access for the public to telephonically attend the hearing. The hearing can be accessed by dialing the Toll Free Number: 833-990-9400 (Meeting ID: 493633106).It is further ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Tanya S. Chutkan on 4/28/2025. (lcdh)

RESPONSE re 14 MOTION to Expedite Production of Administrative Record filed by PAMELA BONDI, TODD M. LYONS, KRISTI NOEM, MARCO RUBIO, DONALD J. TRUMP. (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 04/30/2025)

1 Text of Proposed Order

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REPLY to opposition to motion re 14 Motion to Expedite filed by STUDENTS FOR JUSTICE IN PALESTINE AT THE OHIO STATE UNIVERSITY, AHWAR SULTAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Urena, Rafael) (Entered: 05/01/2025)

1 Exhibit A

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2 Exhibit B

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Order on Motion to Expedite AND Set/Reset Deadlines

MINUTE ORDER: Pursuant to Local Civil Rule 7(n)(1) and Am. Bioscience, Inc. v. Thompson, 243 F.3d 579, 582 (D.C. Cir. 2001), Plaintiffs' 14 Motion to Expedite the Administrative Record is GRANTED IN PART and DENIED IN PART. The court ORDERS Defendants to file the administrative record in this case by May 16, 2025, attached to its opposition to Plaintiffs' forthcoming motion for a preliminary injunction. It is further ORDERED that the parties shall file a Joint Status Report by May 9, 2025, indicating: (1) whether Plaintiff Sultan's SEVIS record has been reactivated, and if so, whether that reactivation was the result of the Court's 13 Temporary Restraining Order; (2) whether, assuming Plaintiff' Sultan's SEVIS record has been reactivated, the court needs to extend its 13 Temporary Restraining Order past May, 9, 2025, until the court's resolution of Plaintiffs' forthcoming preliminary injunction motion. Signed by Tanya S. Chutkan on 5/1/2025. (lcdh)

AMENDED COMPLAINT against PAMELA J. BONDI, TODD M. LYONS, KRISTI NOEM, MARCO RUBIO, DONALD J. TRUMP filed by AHWAR SULTAN, STUDENTS FOR JUSTICE IN PALESTINE AT THE OHIO STATE UNIVERSITY.(Al-Akhras, Jana) (Entered: 05/09/2025)

Joint STATUS REPORT by PAMELA J. BONDI, TODD M. LYONS, KRISTI NOEM, MARCO RUBIO, DONALD J. TRUMP. (Attachments: # 1 Exhibit 1 (New SEVIS Policy), # 2 Exhibit 2 (Watson Decl.))(Hudak, Brian) (Entered: 05/09/2025)

1 Exhibit 1 (New SEVIS Policy)

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2 Exhibit 2 (Watson Decl.)

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MOTION for Preliminary Injunction by STUDENTS FOR JUSTICE IN PALESTINE AT THE OHIO STATE UNIVERSITY, AHWAR SULTAN. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Miriam Saab for Students for Justice in Palestine at The Ohio State University, # 3 Text of Proposed Order)(Urena, Rafael) (Entered: 05/09/2025)

1 Memorandum in Support

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2 Declaration of Miriam Saab for Students for Justice in Palestine at The Ohio Sta

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3 Text of Proposed Order

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NOTICE OF WITHDRAWAL OF APPEARANCE as to PAMELA J. BONDI, TODD M. LYONS, KRISTI NOEM, MARCO RUBIO, DONALD J. TRUMP. Attorney Joseph F. Carilli, Jr terminated. (Carilli, Joseph) (Entered: 05/16/2025)

ADMINISTRATIVE RECORD by PAMELA J. BONDI, TODD M. LYONS, KRISTI NOEM, MARCO RUBIO, DONALD J. TRUMP. (Hudak, Brian) (Entered: 05/16/2025)

Memorandum in opposition to re 21 MOTION for Preliminary Injunction filed by PAMELA J. BONDI, TODD M. LYONS, KRISTI NOEM, MARCO RUBIO, DONALD J. TRUMP. (Attachments: # 1 Exhibit A (USCIS Decl.), # 2 Exhibit B (Patel Tr.), # 3 Exhibit C (State Email), # 4 Exhibit D (New USCIS Policy), # 5 Exhibit E (Bushireddy Tr.), # 6 Text of Proposed Order)(Hudak, Brian) (Entered: 05/16/2025)

MOTION to Compel Production of the Whole Administrative Record by STUDENTS FOR JUSTICE IN PALESTINE AT THE OHIO STATE UNIVERSITY, AHWAR SULTAN. (Attachments: # 1 Text of Proposed Order)(Urena, Rafael) (Entered: 05/18/2025)

MOTION for Hearing re 25 MOTION to Compel Production of the Whole Administrative Record by STUDENTS FOR JUSTICE IN PALESTINE AT THE OHIO STATE UNIVERSITY, AHWAR SULTAN. (Attachments: # 1 Text of Proposed Order)(Urena, Rafael) (Entered: 05/18/2025)

Order on Motion for Hearing AND Order on Motion for Preliminary Injunction AND Order on Motion to Compel AND Terminate Deadlines

MINUTE ORDER: Plaintiffs' 21 Motion for a Preliminary Injunction is DENIED. A preliminary injunction is "an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief." Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 (2008). "[I]f a party makes no showing of irreparable injury, the court may deny the motion for injunctive relief without considering the other factors." Henke v. Dep't of Interior, 842 F. Supp. 2d 54, 59 (D.D.C. 2012) (internal quotation marks and citation omitted). The government has made written representations to the Court that make a preliminary injunction unnecessary.First, the government represents in the parties' 20 Joint Status Report that Sultan's "SEVIS record has been reactivated," ECF No. 20 at 1, and that "there are no 'gap[s]' or 'lapse[s]' in the SEVIS record." Id. at 4. The government further represents that it "intends" to provide Sultan with "a letter regarding the retroactive effect of the SEVIS record reactivation." Id. Second, the government also represents that it "has no plans under its new SEVIS policy to re-terminate Sultan's SEVIS record only on" his past expunged record at the Ohio State University, and that "ICE has no current plans to initiate removal proceedings against him." Id. Moreover, the government makes clear that a visa revocation that is "effective upon" departure (i.e., the type of visa revocation that applies to Sultan) is not, in itself, a basis for termination of the SEVIS record under the new SEVIS policy. Id. at 4-5. And finally, the government represents that "[b]ased on information presently known to ICE, Sultan continues to have nonimmigrant status in the United States[.]" Id. at 4.In light of these representations, the Plaintiff cannot establish irreparable harm in the absence of preliminary relief from this Court. Indeed, the government's representations mirror the relief the Plaintiff asks this Court to order and therefore make a preliminary injunction unnecessary. Should the Government terminate Sultan's SEVIS record again in contravention of any of its written representations to this Court, Sultan may seek further emergency relief, and the court assures the parties that it will act expeditiously. Accordingly, Plaintiffs' 25 Motion to Compel and 26 Motion for Hearing are DENIED AS MOOT. It is FURTHER ORDERED that the preliminary injunction briefing schedule and hearing are VACATED. Signed by Judge Tanya S. Chutkan on 5/20/2025. (lcdh) Modified on 5/20/2025 (zcll).