Case: A.S.R. v. Trump

President Donald Trump

CLASS ACTION PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-8811216), filed by A.S.R.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit) (Stine, Vanessa) (Entered: 04/15/2025)

Judge Stephanie L. Haines added. (bjr)

Emergency MOTION for Temporary Restraining Order by A.S.R. (Attachments: # 1 Proposed Order) (Stine, Vanessa) (Entered: 04/15/2025)

BRIEF in Support re 2 Motion for TRO filed by A.S.R. (Attachments: # 1 Exhibit) (Stine, Vanessa) (Entered: 04/15/2025)

MOTION to Certify Class and Appoint Class Counsel by A.S.R. Responses due by 4/29/2025 (Attachments: # 1 Proposed Order) (Stine, Vanessa) (Entered: 04/15/2025)

BRIEF in Support re 4 Motion to Certify Class filed by A.S.R. (Stine, Vanessa) (Entered: 04/15/2025)

MOTION to Proceed Under Pseudonyms by A.S.R. (Attachments: # 1 Proposed Order) (Stine, Vanessa) (Entered: 04/15/2025)

BRIEF in Support re 6 Motion to Proceed Under Pseudonyms filed by A.S.R. (Stine, Vanessa) Modified text on 4/15/2025 to correct relief selected. (ept) (Entered: 04/15/2025)

ORDER OF COURT - IT IS ORDERED that Respondents hereby are TEMPORARILY ENJOINED, pending further order of this Court, from either removing Petitioner or any members of the putative class from the United States, or from transferring Petitioner or any members of the putative class from the Western District of Pennsylvania. This Court finds that Petitioner and members of the putative class have demonstrated that irreparable harm will result if they are transferred from this district or removed from the United States prior to a response and hearing; and, IT FURTHER IS ORDERED that Petitioners' counsel is directed to serve Respondents with a copy of the class action petition for a writ of habeas corpus, application for temporary restraining order and all accompanying papers, along with a copy of this Order, by email to the United States Attorney's Office for the Western District of Pennsylvania, and promptly to file proof of such service on the docket; and, IT FURTHER IS ORDERED that Respondents shall file a response to Petitioners' Emergency Application for a Temporary Restraining Order [Doc. 2 ] on or before April 16, 2025; and, IT FURTHER IS ORDERED that a hearing on Petitioners' emergency application for a temporary restraining order [Doc. 2 ] hereby is scheduled for Friday, April 18, 2025, at 11:00 a.m., in Courtroom A, 319 Washington Street, Johnstown, Pennsylvania, before Judge Stephanie L. Haines; and, IT FURTHER IS ORDERED that this order shall expire upon this Court's resolution of Petitioners' application for a temporary restraining order, and as more fully stated in said Order of Court. Signed by Judge Stephanie L. Haines on 4/15/2025. (dlg) Modified text on 4/15/2025. (gpr) (Entered: 04/15/2025)

Set/Reset Hearings: Hearing on Petitioners' Emergency Application for a Temporary Restraining Order set for 4/18/2025, at 11:00 AM in Courtroom A - Johnstown before Judge Stephanie L. Haines. (dlg)

ORDER OF COURT - Upon due consideration of Petitioner's motion for leave to proceed under pseudonym [Doc. 6 ], and for good cause shown, IT IS ORDERED that Petitioner's motion for leave to proceed under pseudonym [Doc. 6 ] hereby is GRANTED. Petitioner hereby is granted leave to proceed under the pseudonym A.S.R. before this Court in this action. Signed by Judge Stephanie L. Haines on 4/15/2025. (dlg) (Entered: 04/15/2025)

MOTION for attorney Lee Gelernt to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8812897) by A.S.R. (Attachments: # 1 Affidavit of Lee Gelernt, # 2 Certificate of Good Standing, # 3 Proposed Order) (Gelernt, Lee) (Entered: 04/15/2025)

ORDER OF COURT granting 10 Motion for Lee Gelernt to Appear Pro Hac Vice; and, IT IS FURTHER ORDERED that Lee Gelernt, Esq., hereby is admitted pro hac vice to represent Petitioner before this Court in this action only. Signed by Judge Stephanie L. Haines on 4/15/2025. (dlg) (Entered: 04/15/2025)

MOTION for attorney Daniel Galindo to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8813484) by A.S.R. (Attachments: # 1 Affidavit of Daniel Galindo, # 2 Certificate of Good Standing, # 3 Proposed Order) (Galindo, Daniel) (Entered: 04/15/2025)

ORDER OF COURT granting 12 Motion for Daniel Galindo to Appear Pro Hac Vice; and, IT FURTHER IS ORDERED that Daniel Galindo, Esq., hereby is admitted pro hac vice to represent Petitioner before this Court in this action only. Signed by Judge Stephanie L. Haines on 4/15/2025. (dlg) (Entered: 04/15/2025)

MOTION for attorney Noelle Smith to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8813576) by A.S.R. (Attachments: # 1 Affidavit of Noelle Smith, # 2 Certificate of Good Standing, # 3 Proposed Order) (Smith, Noelle) (Entered: 04/15/2025)

MOTION for attorney Oscar Sarabia Roman to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8813582) by A.S.R.. (Attachments: # 1 Affidavit of Oscar Sarabia Roman, # 2 Certificate of Good Standing, # 3 Proposed Order) (Sarabia Roman, Oscar) (Entered: 04/15/2025)

MOTION for attorney Cody Wofsy to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8813597) by A.S.R. (Attachments: # 1 Affidavit of Cody Wofsy, # 2 Certificate of Good Standing, # 3 Proposed Order) (Wofsy, Cody) (Entered: 04/15/2025)

AFFIDAVIT of Service by A.S.R. Affiant: Vanessa Stine. (Stine, Vanessa) (Entered: 04/15/2025)

MOTION for attorney My Khanh Ngo to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8813612) by A.S.R. (Attachments: # 1 Affidavit of My Khanh Ngo, # 2 Certificate of Good Standing, # 3 Proposed Order) (Ngo, My Khanh) (Entered: 04/15/2025)

NOTICE of Appearance by Witold J. Walczak on behalf of A.S.R. (Walczak, Witold) (Entered: 04/15/2025)

ORDER OF COURT granting 18 Motion for My Khanh Ngo to Appear Pro Hac Vice; and, IT FURTHER IS ORDERED that My Khanh Ngo, Esq., hereby is admitted pro hac vice to represent Petitioner before this Court in this action only. Signed by Judge Stephanie L. Haines on 4/16/2025. (dlg) (Entered: 04/16/2025)

ORDER OF COURT granting 14 Motion for Noelle Smith to Appear Pro Hac Vice; and, IT FURTHER IS ORDERED that Noelle Smith, Esq., hereby is admitted pro hac vice to represent Petitioner before this Court in this action only. Signed by Judge Stephanie L. Haines on 4/16/2025. (dlg) (Entered: 04/16/2025)

ORDER OF COURT granting 15 Motion for Oscar Sarabia Roman to Appear Pro Hac Vice; and, IT FURTHER IS ORDERED that Oscar Sarabia Roman, Esq., hereby is admitted pro hac vice to represent Petitioner before this Court in this action only. Signed by Judge Stephanie L. Haines on 4/16/2025. (dlg) (Entered: 04/16/2025)

ORDER OF COURT granting 16 Motion for Cody Wofsy to Appear Pro Hac Vice; and, IT FURTHER IS ORDERED that Cody Wofsy, Esq., hereby is admitted pro hac vice to represent Petitioner before this Court in this action only. Signed by Judge Stephanie L. Haines on 4/16/2025. (dlg) (Entered: 04/16/2025)

NOTICE of Appearance by Michael Leo Ivory on behalf of PAMELA BONDI, TODD LYONS, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, MARCO RUBIO, DONALD J. TRUMP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. STATE DEPARTMENT. (Ivory, Michael) (Entered: 04/16/2025)

NOTICE by Petitioner of Case Related Development by A.S.R. (Stine, Vanessa) (Entered: 04/16/2025)

RESPONSE IN OPPOSITION to 2 Motion for TRO, filed by PAMELA BONDI, TODD LYONS, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, MARCO RUBIO, DONALD J. TRUMP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. STATE DEPARTMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Ivory, Michael) (Entered: 04/16/2025)

ORDER OF COURT. Telephonic Status Conference set for 4/17/25 at 2:00 PM before Judge Stephanie L. Haines. The Court will conduct the conference via a TEAMS audio conference number. The Court will provide the conference phone number and conference ID number via email to all counsel of record in advance of the conference. Signed by Judge Stephanie L. Haines on 4/17/25. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (gpr) Modified text on 4/17/2025. (gpr) (Entered: 04/17/2025)

Order AND ~Util - Set Hearings

NOTICE of Appearance by Laura Schleich Irwin on behalf of PAMELA BONDI, TODD LYONS, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, MARCO RUBIO, DONALD J. TRUMP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. STATE DEPARTMENT. (Irwin, Laura) (Entered: 04/17/2025)

Minute Entry for proceedings held before Judge Stephanie L. Haines: Telephonic Status Conference held on 4/17/2025. Court convened for status conference regarding Petitioner's Notice of Case Related Developments [Doc. 25]. Counsel entered appearances. Court heard from counsel from both parties regarding Petitioner's whereabouts. The Court will order further briefing from the parties on the issue of jurisdiction. Briefs from both parties will be due on Tuesday, April 22, 2025. The TRO hearing previously set for 4/18/2025 will be continued. Appropriate order to follow. Conference adjourned. (Court Reporter: Teresa (Terri) Benson) (dag) (Entered: 04/17/2025)

ORDER OF COURT - Pursuant to the telephone status conference held this day, IT IS ORDERED that the hearing on Petitioner's motion for temporary restraining order previously set for April 18, 2025, hereby is continued until further order of court; and IT FURTHER IS ORDERED that no later than April 22, 2025, both parties shall file briefs specific to the issue of this Court's jurisdiction, to include specific factual documentation, as well as legal argument; and, IT FURTHER IS ORDERED that the Order entered by this Court on April 15, 2025 [Doc. 8 ] shall remain in full force pending resolution of the jurisdictional issue by this Court, or 14 days after its entry on April 15, 2025, unless before that time this Court, for good cause, extends it for a like period, or Respondents consent to a longer extension. Federal Rule of Civil Procedure 65(b)(2). Signed by Judge Stephanie L. Haines on 4/17/2025. (dlg) (Entered: 04/17/2025)

MOTION for attorney Keith Armstrong to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8820399) by A.S.R. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order) (Armstrong, Keith) (Entered: 04/18/2025)

Emergency MOTION for Temporary Restraining Order by A.S.R. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order) (Stine, Vanessa) (Entered: 04/18/2025)

ORDER OF COURT denying as redundant 32 Motion for Temporary Restraining Order. This Court's prior orders entered on April 15, 2025 [Doc. 8 ] and on April 17, 2025 [Doc. 30 ] speak for themselves and remain in full force and effect. Signed by Judge Stephanie L. Haines on 4/18/2025. (bgs) (Entered: 04/18/2025)

ORDER granting 31 Motion for Attorney Keith Armstrong to Appear Pro Hac Vice. Signed by Judge Stephanie L. Haines on 4/18/2025. (bgs) (Entered: 04/18/2025)

PRAECIPE to Issue Summons by A.S.R. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons) (Stine, Vanessa) (Entered: 04/21/2025)

MOTION to Compel RESPONDENTS TO ACCELERATE ATTORNEY-CLIENT CONTACT OR, IN THE ALTERNATIVE, FOR THE COURT TO CONTINUE JURISDICTIONAL BRIEFING DEADLINE by A.S.R.. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Stine, Vanessa) (Entered: 04/21/2025)

Summons Issued as to PAMELA BONDI, TODD LYONS, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, MARCO RUBIO, DONALD J. TRUMP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. STATE DEPARTMENT (Attachments: # 1 Summons - Homeland Security, # 2 Summons - Immigration & Customs, # 3 Summons - Lyons, # 4 Summons - McShane, # 5 Summons - Noem, # 6 Summons - Oddo, # 7 Summons - Rubio, # 8 Summons - State Dept, # 9 Summons - Trump) (dmh) (Entered: 04/21/2025)

ORDER - Upon consideration of Petitioner-Plaintiff's Motion to compel Respondents to arrange a confidential legal call with A.S.R. to occur by mid-day on April 22, 2025, or alternatively, for this Court to continue the April 22, 2025, briefing deadline, see ECF No. 30 ), until April 24, 2025, IT IS HEREBY ORDERED that Petitioner's Motion is GRANTED only insofar as the Court will continue the April 22, 2025 briefing deadline. IT IS FURTHER ORDERED that, no later than April 24, 2025, both parties shall file briefs specific to the issue of this Court's jurisdiction, to include specific factual documentation, as well as legal argument. Signed by Judge Stephanie L. Haines on 4/21/2025. (dlg) (Entered: 04/21/2025)

BRIEF in Support of 30 Order, 38 Order, Supplemental Brief on Jurisdiction filed by A.S.R. (Attachments: # 1 Declaration Exhibit List, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit) (Stine, Vanessa) (Entered: 04/24/2025)

NOTICE of Cisneros Declaration by A.S.R. (Attachments: # 1 Exhibit Declaration of Carlos Cisneros) (Stine, Vanessa) (Entered: 04/24/2025)

1 Exhibit Declaration of Carlos Cisneros

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REPLY BRIEF re 30 Order, 38 Order, filed by PAMELA BONDI, TODD LYONS, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, MARCO RUBIO, DONALD J. TRUMP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. STATE DEPARTMENT. (Attachments: # 1 Exhibit A) (Ivory, Michael) (Entered: 04/24/2025)

MOTION to Modify / Lift Docket Access Restrictions by A.S.R. (Attachments: # 1 Proposed Order) (Stine, Vanessa) (Entered: 04/25/2025)

1 Proposed Order

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MOTION to Extend Temporary Restraining Order and Set Preliminary Injunction Briefing, or, in the Alternative, Motion for Leave to File Reply Brief on TRO Motion by A.S.R. (Attachments: # 1 Proposed Order) (Stine, Vanessa) (Entered: 04/25/2025)

1 Proposed Order

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MEMORANDUM OPINION AND ORDER - IT IS HEREBY ORDERED that the following temporary restraining order shall remain in effect until May 13, 2025, at 3:12 P.M.; Respondents, their agents, representatives, and all other persons or entities acting in concer t with them are hereby: 1) ORDERED, pending further order of this Court, not to remove Petitioners, including members of the certified class. 2) ORDERED, pending further order of this Court, not to transfer: (1) Petitioner A.S.R. from the Northern Di strict of Texas, or (2) the members of the certified class, as defined immediately above, from the Western District of Pennsylvania. IT IS FURTHER ORDERED that Petitioner and the class he represents may file a Motion for a Preliminary Injunction in t his matter. Any such Motion and Brief in Support by Petitioner are due on or before Tuesday, April 29, 2025. Respondents' Responses to any such Motion is due on or before Thursday, May 1, 2025. Petitioners may file a Reply on or before Friday, M ay 2, 2025. IT FURTHER IS ORDERED that, in the event Petitioners do elect to file a Motion for a Preliminary Injunction, the Court will conduct a Preliminary Injunction hearing with all parties on Monday, May 5, 2025, at 10:00 A.M. in Courtroom A - J ohnstown, Pennsylvania. Counsel for all parties shall be in attendance at the hearing. IT FURTHER IS ORDERED that this temporary restraining order shall expire upon the earlier of (1) the Court's resolution of any Motion for a Preliminary Injunc tion filed by Petitioners or (2) May 13, 2025, at 3:12 P.M. IT FURTHER IS ORDERED that Petitioners' Motion at ECF No. 43 is DENIED AS MOOT in light of the foregoing, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Stephanie L. Haines on 4/25/2025. (dlg)

MEMORANDUM ORDER - IT IS ORDERED that, for purposes of this habeas action, the Court certifies the following class: All noncitizens in custody in the Western District of Pennsylvania who were, are, or will be subject to the March 2025 Presidential Proclamation entitled "Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua" and/or its implementation, who have not been given fourteen (14) days notice following the Supreme Court's decision on April 7, 2025, Trump v. J.G.G., No. 24A931, 2025 WL 1024097, and "an opportunity to challenge their removal" under that Act. Id. at *2. The notice to be provided shall be written in English and Spanish, the language of those sought to be expelled, and if needed, Spanish-to-English interpreters shall be provided for any necessary hearings. IT IS FURTHER ORDERED that Petitioner A.S.R. is Class Representative, and Petitioner A.S.R.'s counsel is appointed as class counsel. IT IS FURTHER ORDERED that the parties may raise the issue of whether the "government [must] identify members of the class and provide notice when a class member is transferred into the District" at the forthcoming Preliminary *Injunction hearing before this Court, and as more fully stated in said Memorandum Order. Signed by Judge Stephanie L. Haines on 4/25/2025. (dlg) (Entered: 04/25/2025)

ORDER LIFTING DOCKET VIEWING RESTRICTIONS - Upon consideration of Petitioners'-Plaintiffs' request to lift docket viewing restrictions, and for good cause shown, the Court ORDERS that the limitations on remote access to electronic files otherwise applicable in this case, see Fed.R.Civ.P. 5.2(c), are lifted. Accordingly, the Clerk of Court is directed to lift all viewing restrictions on the docket--i.e., to make all prior filings electronically available to the public. All future filings shall be publicly available unless the Court grants leave to file under seal or in redacted form. If necessary, the Clerk of Court may change the nature of suit code to No. 530, "Habeas Corpus," thereby lifting the limitations on remote electronic access to the docket imposed by Rule 5.2(c). Entered on April 25, 2025, at 4:35 p.m. Signed by Judge Stephanie L. Haines on 4/25/2025. (dlg) (Entered: 04/25/2025)

Set/Reset Hearings: Preliminary Injunction Hearing set for 5/5/2025 10:00 AM in Courtroom A - Johnstown before Judge Stephanie L. Haines. (dlg)

MOTION for attorney Hina Shamsi to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8834655) by A.S.R. (Attachments: # 1 Affidavit of Hina Shamsi, # 2 Certificate of Good Standing, # 3 Proposed Order) (Shamsi, Hina) (Entered: 04/25/2025)

ORDER granting 47 Motion for Hina Shamsi to Appear Pro Hac Vice. Signed by Judge Stephanie L. Haines on 4/28/2025. (dlg) (Entered: 04/28/2025)

MOTION for attorney Patrick Toomey to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8836322) by A.S.R. (Attachments: # 1 Affidavit of Patrick Toomey, # 2 Certificate of Good Standing, # 3 Proposed Order) (Toomey, Patrick) (Entered: 04/28/2025)

MOTION for attorney Ashley Gorski to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8836402) by A.S.R. (Attachments: # 1 Affidavit of Ashley Gorski, # 2 Certificate of Good Standing, # 3 Proposed Order) (Gorski, Ashley) (Entered: 04/28/2025)

ORDER granting 49 Motion for Patrick Toomey to Appear Pro Hac Vice. Signed by Judge Stephanie L. Haines on 4/29/2025. (dlg) (Entered: 04/29/2025)

ORDER granting 50 Motion for Ashley Gorski to Appear Pro Hac Vice. Signed by Judge Stephanie L. Haines on 4/29/2025. (dlg) (Entered: 04/29/2025)

Unopposed MOTION for Leave to File Excess Pages by A.S.R. (Attachments: # 1 Proposed Order) (Stine, Vanessa) (Entered: 04/29/2025)

Unopposed MOTION to Modify Hearing Time by A.S.R. (Attachments: # 1 Proposed Order) (Walczak, Witold) (Entered: 04/29/2025)

1 Proposed Order

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ORDER - Upon consideration of Petitioner-Plaintiff's ("Petitioner") request to exceed page limits, and for good cause shown, the Court ORDERS that Petitioner may exceed the twenty-five (25) page limit imposed by Interim Standing Order Section G and may file a Memorandum of Law in Support of a Motion for a Preliminary Injunction not to exceed thirty-five (35) pages, excluding any tables. Signed by Judge Stephanie L. Haines on 4/29/2025. (dlg) (Entered: 04/29/2025)

MOTION for Preliminary Injunction by A.S.R. (Attachments: # 1 Proposed Order) (Stine, Vanessa) (Entered: 04/29/2025)

1 Proposed Order

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BRIEF in Support re 56 Motion for Preliminary Injunction filed by A.S.R. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit) (Stine, Vanessa) (Entered: 04/29/2025)

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ORDER - Having read and considered Petitioner's motion to reschedule the preliminary injunction hearing from the morning to the afternoon, and there being no objection from Respondents, it is hereby ORDERED that the preliminary injunction hearing on Monday shall be changed from 10:00 a.m. to 3:00 p.m. on Monday, May 5, 2025, in Courtroom A in Johnstown, Pennsylvania. Signed by Judge Stephanie L. Haines on 4/30/2025. (dlg) (Entered: 04/30/2025)

RESPONSE to Motion re 56 MOTION for Preliminary Injunction filed by PAMELA BONDI, TODD LYONS, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, MARCO RUBIO, DONALD J. TRUMP. (Irwin, Laura) (Entered: 05/01/2025)

MOTION for Leave to File Excess Pages by PAMELA BONDI, TODD LYONS, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, MARCO RUBIO, DONALD J. TRUMP. (Attachments: # 1 Proposed Order) (Irwin, Laura) (Entered: 05/01/2025)

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 60 Motion for Leave to File Excess Pages, 59 Response to Motion. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the documents using the Errata events. (dmh)

ORDER granting 60 Motion for Leave to File Excess Pages. Signed by Judge Stephanie L. Haines on 5/2/2025. (bgs) (Entered: 05/02/2025)

Unopposed MOTION for Leave to File Excess Pages in Reply in support of Motion for a Preliminary Injunction by A.S.R. (Attachments: # 1 Proposed Order) (Stine, Vanessa) (Entered: 05/02/2025)

1 Proposed Order

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MOTION for attorney Michael K Velchik to Appear Pro Hac Vice, (Filing fee $70 by PAMELA BONDI, TODD LYONS, BRIAN MCSHANE, KRISTI NOEM, LEONARD ODDO, MARCO RUBIO, DONALD J. TRUMP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. STATE DEPARTMENT. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order) (Velchik, Michael) (Entered: 05/02/2025)

ORDER granting 62 Motion for Leave to File Excess Pages. Signed by Judge Stephanie L. Haines on 5/2/2025. (bgs) (Entered: 05/02/2025)

Errata re 59 Response to Motion by A.S.R. Reason for Correction: FILED UNDER INCORRECT ATTORNEY. (Ivory, Michael) (Entered: 05/02/2025)

REPLY BRIEF re 65 Errata, 56 Motion for Preliminary Injunction, 59 Response to Motion, 57 Brief in Support of Motion, filed by A.S.R. (Stine, Vanessa) (Entered: 05/02/2025)

ORDER granting 63 Motion for Michael K. Velchik to Appear Pro Hac Vice. Mr. Velchik is admitted and may appear before this Court in the above-referenced matter on behalf of Defendants. Signed by Judge Stephanie L. Haines on 5/5/2025. (dlg) (Entered: 05/05/2025)

Minute Entry for proceedings held before Judge Stephanie L. Haines: Preliminary Injunction Hearing held on 5/5/2025 re 56 MOTION for Preliminary Injunction filed by A.S.R. Court convened for Preliminary Injunction Hearing. Counsel entered appearances. The Court overviewed its Electronic Devices policy. The Court further outlined the manner in which the Hearing would proceed. Namely, Petitioners would have forty-five minutes to present their arguments. Respondents would then have forty-five minutes to respond. Finally, Petitioners would have fifteen minutes to reply. Counsel for Petitioners presented their case to the Court. Counsel for Respondents presented their response. Counsel for Petitioners presented their reply. The Court took the matter under advisement and will render a decision on due course. Hearing adjourned. (Court Reporter: Shirley Hall) (dag) (Entered: 05/06/2025)

NOTICE of Supplemental Authority by A.S.R. (Attachments: # 1 Exhibit, # 2 Exhibit) (Stine, Vanessa) (Entered: 05/06/2025)

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MOTION for attorney Omar Jadwat to Appear Pro Hac Vice, (Filing fee $70, Receipt # BPAWDC-8855135) by A.S.R.. (Attachments: # 1 Affidavit of Omar Jadwat, # 2 Supplement Certificate of Good Standing, # 3 Proposed Order) (Jadwat, Omar) (Entered: 05/07/2025)

ORDER granting 70 Motion for Omar Jadwat to Appear Pro Hac Vice. Signed by Judge Stephanie L. Haines on 5/8/2025. (dlg) (Entered: 05/08/2025)

OPINION - As the Court stressed at the beginning of this Opinion, this case implicates significant issues. In resolving those issues, this Court's unflagging obligation is to apply the law as written. When the Court does so, it finds that the P roclamation now at issue complies with the AEA, and the Court further finds that Respondents must provide greater notice to those subject to removal under the AEA than they are currently providing. Having done its job, the Court now leaves it to the Political Branches of the government, and ultimately to the people who elect those individuals, to decide whether the laws and those executing them continue to reflect their will. An appropriate Order follows, and as more fully stated in said Opinion. Signed by Judge Stephanie L. Haines on 5/13/2025. (dlg)

ORDER OF COURT - Upon due consideration of Petitioner A.S.R.'s "Motion for Classwide Preliminary Injunction[,]" (ECF No. 56 ), and for the reasons set forth in the foregoing Opinion, IT IS HEREBY ORDERED that the Motion is GRANTED insofar as the Court will require Respondents to provide the notice below before removing A.S.R. pursuant to the Alien Enemies Act of 1798 (the "AEA"), 50 U.S.C. § 21, and President Donald J. Trump's Proclamation entitled "Invocation of the [AEA] Regarding the Invasion of the United States by Tren De Aragua[,]" (the "Proclamation"), 90 Fed. Reg. 13034, invoking the AEA. IT IS FURTHER ORDERED that Respondents, their officers, agents, servants, employees, attorneys, and any persons who are in active concert or participation with them, are hereby: Enjoined, pending further order of this court, from removing A.S.R. pursuant to the AEA and the Proclamation, unless Respondents first provide: (1) twenty-one (21) days' notice and an "opportunity to be heard" to A.S.R., (2) notice to A.S.R. that clearly articulates the fact that he is subject to removal under the Proclamation and the AEA, (3) notice to A.S.R. in English and Spanish, the language of the one sought to be expelled, and if needed, Spanish-to-English interpreters shall be provided for any necessary hearings, and (4) notice to A.S.R.'s counsel of all of the foregoing. IT IS FURTHER ORDERED that nothing in this Order shall be construed to bar the removal, or release from immigration detention, of A.S.R. pursuant to proceedings held under the Immigration and Nationality Act (the "INA"). IT IS FURTHER ORDERED that A.S.R. shall post nominal security of $1.00 in this matter. IT IS FURTHER ORDERED that A.S.R.'s Motion at ECF No. 56 is DENIED in all other respects. IT IS FURTHER ORDERED that the parties shall appear before this Court for a telephonic status conference on Monday, May 19, 2025, at 11:00 A.M. The Court will provide the information for the conference to the parties beforehand. Signed by Judge Stephanie L. Haines on 5/13/2025. (dlg) (Entered: 05/13/2025)

OPINION - Pursuant to Federal Rule of Civil Procedure 23(c)(1)(C), and for the foregoing reasons, the Court decertifies the class announced in its Memorandum Order at ECF No. 45 . An appropriate Order follows, and as more fully stated in said Opinion. Signed by Judge Stephanie L. Haines on 5/13/2025. (dlg)

ORDER OF COURT - Pursuant to Federal Rule of Civil Procedure 23(c)(1)(C) and in accordance with the reasons stated in the accompanying Opinion, IT IS HEREBY ORDERED that this Court decertifies the class announced in its Memorandum Order at ECF No. 45 . Signed by Judge Stephanie L. Haines on 5/13/2025. (dlg) (Entered: 05/13/2025)

Set Hearings: Telephonic Status Conference is set for Monday, 5/19/2025 at 11:00 AM before Judge Stephanie L. Haines. (dlg)

Nominal BOND to be placed in local court registry as per order of court signed by Judge Haines on 5/13/25 at 73 paid by ACLU 247 Fort Pitt BLVD, Pittsburgh, PA 15222. (jkn) (Entered: 05/14/2025)