Case: Doe v. Noem

COMPLAINT against All Defendants (Receipt # AWAWDC-8921357) Attorney Jay W Gairson added to party John DOE(pty:pla) filed by John DOE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons of Secretary Noem and DHS, # 3 Summons of Acting Director Todd Lyons, Deputy Assistant Director Rachel Canty, ICE, and SEVP, # 4 Summons of the U.S. Attorney for the Western District of Washington, # 5 Summons of the U.S. Attorney General)(Gairson, Jay) (Attachment 1 replaced due to malformed PDF on 4/9/2025) (HH). (Entered: 04/09/2025)

1 Civil Cover Sheet

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2 Summons of Secretary Noem and DHS

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3 Summons of Acting Director Todd Lyons, Deputy Assistant Director Rachel Canty, I

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4 Summons of the U.S. Attorney for the Western District of Washington

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5 Summons of the U.S. Attorney General

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Summons(es) Electronically Issued as to defendant(s) Rachel Canty, Department of Homeland Security, Immigration and Customs Enforcement, Todd Lyons, and Kristi Noem (Attachments: # 1 Summons Toddy Lyons and Rachel Canty, # 2 Summons USAO WAWD, # 3 Summons USAG)(HH) (Entered: 04/09/2025)

Add and Terminate Judges

U.S. District Judge David G Estudillo added. (HH)

Stipulated MOTION and [Proposed] TRO Response Deadline, filed by Defendants Kristi Noem, Department of Homeland Security, Todd Lyons, Immigration and Customs Enforcement, Rachel Canty, Student and Exchange Visitor Program. Noting Date 4/11/2025, (Passmore, Whitney) (Entered: 04/11/2025)

MOTION for Temporary Restraining Order, filed by All Plaintiffs. Oral Argument Requested. Noting Date 4/15/2025, (Gairson, Jay) (Entered: 04/11/2025)

MOTION for Leave to Proceed Under Pseudonym, filed by All Plaintiffs. Noting Date 4/25/2025, (Gairson, Jay) (Entered: 04/11/2025)

DECLARATION of Robert J. Ault filed by All Plaintiffs re 4 MOTION for Leave to Proceed Under Pseudonym, 3 MOTION for Temporary Restraining Order (Gairson, Jay) (Entered: 04/11/2025)

NOTICE of Appearance by attorney Devin T Theriot-Orr on behalf of Plaintiff John Doe. (Theriot-Orr, Devin) (Entered: 04/11/2025)

DECLARATION of John Doe filed by All Plaintiffs re 4 MOTION for Leave to Proceed Under Pseudonym, 3 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A - Form I-20, # 2 Exhibit B - Termination Letter)(Gairson, Jay) (Entered: 04/11/2025)

1 Exhibit A - Form I-20

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2 Exhibit B - Termination Letter

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NOTICE of Appearance by attorney Whitney Passmore on behalf of Defendants Kristi Noem, Department of Homeland Security, Todd Lyons, Immigration and Customs Enforcement, Rachel Canty, Student and Exchange Visitor Program. (Passmore, Whitney) (Entered: 04/11/2025)

NOTICE of Intent to Oppose Motion for Temporary Restraining Order re 3 MOTION for Temporary Restraining Order ; filed by Defendants Kristi Noem, Department of Homeland Security, Todd Lyons, Immigration and Customs Enforcement, Rachel Canty, Student and Exchange Visitor Program. (Passmore, Whitney) (Entered: 04/11/2025)

ORDER granting 10 Stipulated Motion. Defendants shall file a responsive brief no later than Tuesday, April 15 at 6:00 p.m. PT. Plaintiff shall file a reply brief not to exceed 4,200 words by Wednesday, April 16 at 3:00 p.m. PT. The Parties shall appear for a TRO hearing on Thursday, April 17 at 1:30 p.m. PT in the Tacoma Courthouse, Courtroom B. signed by U.S. District Judge David G Estudillo.(PS) (Entered: 04/12/2025)

RESPONSE, by Defendants Kristi Noem, Department of Homeland Security, Todd Lyons, Immigration and Customs Enforcement, Rachel Canty, Student and Exchange Visitor Program, to 3 MOTION for Temporary Restraining Order . (Attachments: # 1 Proposed Order)(Passmore, Whitney) (Entered: 04/15/2025)

1 Proposed Order

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REPLY, filed by All Plaintiffs, TO RESPONSE to 3 MOTION for Temporary Restraining Order (Attachments: # 1 Proposed Order Granting TRO)(Gairson, Jay) (Entered: 04/16/2025)

1 Proposed Order Granting TRO

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PROPOSED ORDER (Unsigned) re 4 MOTION for Leave to Proceed Under Pseudonym (Gairson, Jay) (Entered: 04/16/2025)

MINUTE ENTRY for proceedings held before U.S. District Judge David G. Estudillo- Dep Clerk: Gretchen Craft; Pla Counsel: Jay Gairson; Def Counsel: Whitney Passmore; CR: Angela Nicolavo; Time of Hearing: 1:30; Courtroom: B; TRO Hearing held on 4/17/2025. Court hears arguments and finds good cause to GRANT 3 Motion for Temporary Restraining Order, as stated on the record. Order will issue. Preliminary Injunction Hearing set for 5/1/2025 at 9:30 AM in Courtroom B before U.S. District Judge David G. Estudillo. The parties shall propose a briefing schedule by 4/18/2025 with replies due no later than 4/29/2025. (MGC) (Entered: 04/17/2025)

ORDER granting 3 Motion for Temporary Restraining Order. Defendants are ENJOINED for a period of fourteen days from the date of this order, as follows:1) Defendants shall restore Plaintiffs F-1 student record and I-20 in the Student and Exchange Visitor Information System (SEVIS); 2) Defendants shall set aside the April 7, 2025 F-1 student record and I-20 termination as to Plaintiff; 3) Defendants shall not terminate Plaintiffs student record and I-20 in SEVIS absent a valid ground as set forth in 8 C.F.R. §§ 214.1(d)(g); 214.2(f). 4) Defendants are prohibited from detaining or transferring Plaintiff out of this Courts jurisdiction, or ordering the detention or transfer of Plaintiff out of this Courts jurisdiction, as a result of the termination of his F-1 student record or I-20 in SEVIS on April 7, 2025; and 5) Defendants are prohibited from initiating removal proceedings against or deporting Plaintiff on the basis of the April 7, 2025 termination of his F-1 student record or I-20 in SEVIS.It is furthered ORDERED that the security requirement of Rule 65(c) is waived. signed by U.S. District Judge David G Estudillo.(PS) (Entered: 04/17/2025)

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Stipulated MOTION and [Proposed] Briefing Schedule, filed by Defendants Kristi Noem, Department of Homeland Security, Todd Lyons, Immigration and Customs Enforcement, Rachel Canty, Student and Exchange Visitor Program. Noting Date 4/18/2025, (Passmore, Whitney) (Entered: 04/18/2025)

STIPULATION AND ORDER re Parties' 17 Stipulated Motion and Briefing Schedule. Plaintiff's Motion for Preliminary Injunction due April 24, 2025 at 12:01am PT; Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction due April 28, 2025 at 12:00pm PT; Plaintiff's Reply in Support of the Motion for Preliminary Injunction due April 29, 2025 at 12:00pm PT. Signed by U.S. District Judge David G Estudillo.(MW) (Entered: 04/21/2025)

NOTICE that the following is RE-NOTED: 4 MOTION for Leave to Proceed Under Pseudonym. Filed by All Plaintiffs. Noting Date 5/2/2025, (Gairson, Jay) (Entered: 04/21/2025)

MOTION for Preliminary Injunction, filed by All Plaintiffs. Oral Argument Requested. (Attachments: # 1 Proposed Order Granting Preliminary Injunction) Noting Date 5/1/2025 5/21/2025 5/1/2025, (Gairson, Jay) Modified noting date per LCR 7(d)(4) on 4/24/2025 (MDH). Modified with original noting date per LCR 7d because of the existing order on 4/24/2025 (MDH). (Entered: 04/23/2025)

1 Proposed Order Granting Preliminary Injunction

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DECLARATION of Alisa Sweet filed by All Plaintiffs re 20 MOTION for Preliminary Injunction (Theriot-Orr, Devin) (Entered: 04/23/2025)

DECLARATION of Shelly Sakiyama-Elbert filed by All Plaintiffs re 20 MOTION for Preliminary Injunction (Theriot-Orr, Devin) (Entered: 04/23/2025)

DECLARATION of Erin Garcia filed by Plaintiff John Doe re 20 MOTION for Preliminary Injunction (Theriot-Orr, Devin) (Entered: 04/23/2025)

DECLARATION of Deborah Niedermeyer filed by Plaintiff John Doe re 20 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Theriot-Orr, Devin) (Entered: 04/23/2025)

DECLARATION of Jay Gairson filed by Plaintiff John Doe re 20 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit C)(Theriot-Orr, Devin) (Entered: 04/23/2025)

Set/Reset Motion Noting Date (Public)

Noting Date Reset for 5/21/2025 re 20 MOTION for Preliminary Injunction. Reset per LCR 7(d)(4). (MDH)

Noting Date Reset to original date of 5/1/2025 re 20 MOTION for Preliminary Injunction. Reset original noting date per LCR 7d because of the existing order. (MDH)

RESPONSE, by All Defendants, to 20 MOTION for Preliminary Injunction . (Passmore, Whitney) (Entered: 04/28/2025)

RESPONSE, by Defendants Kristi Noem, United States Department of Homeland Security, Todd Lyons, United States Immigration and Customs Enforcement, Rachel Canty, Student and Exchange Visitor Program, to 4 MOTION for Leave to Proceed Under Pseudonym. (Passmore, Whitney) (Entered: 04/28/2025)

REPLY, filed by All Plaintiffs, TO RESPONSE to 20 MOTION for Preliminary Injunction (Gairson, Jay) (Entered: 04/29/2025)

NOTICE of Supplemental Exhibit ; filed by Defendants Kristi Noem, United States Department of Homeland Security, Todd Lyons, United States Immigration and Customs Enforcement, Rachel Canty, Student and Exchange Visitor Program. (Attachments: # 1 Exhibit A)(Passmore, Whitney) (Entered: 04/30/2025)

1 Exhibit A

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MINUTE ENTRY for proceedings held before U.S. District Judge David G. Estudillo- Dep Clerk: Gretchen Craft; Pla Counsel: Jay Gairson, Devin Theriot-Orr; Def Counsel: Whitney Passmore; CR: Angela Nicolavo; Time of Hearing: 9:30; Courtroom: B; Preliminary Injunction Hearing held on 5/1/2025. Counsel indicates Plaintiff's SEVIS record has been restored. Court hears arguments as to why a Preliminary Injunction is necessary and orders that the TRO be extended by 14 days. Court takes the matter of the Preliminary Injunction under advisement. Plaintiff's supplemental brief re irreparable harm is due by noon on 5/2/2025; responsive brief due by noon on 5/5/2025. (MGC) (Entered: 05/01/2025)

MINUTE ORDER. The existing temporary restraining order in this case (Dkt. No. 16 ) is extended by fourteen (14) days and shall expire on Thursday, May 15, 2025. Plaintiff SHALL file supplemental briefing that explains the current irreparable harm Plaintiff faces and articulates the need for immediate equitable relief by 12:00 pm on Friday, May 2, 2025. Defendant SHALL respond by Monday, May 5, at 12:00 pm. Authorized by U.S. District Judge David G Estudillo. (MW) (Entered: 05/01/2025)

MEMORANDUM filed by All Plaintiffs re 20 MOTION for Preliminary Injunction Regarding Irreperable Harm (Theriot-Orr, Devin) (Entered: 05/02/2025)

DECLARATION of John Doe Regarding Irreparable Harm filed by All Plaintiffs re 20 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit D, # 2 Exhibit E)(Theriot-Orr, Devin) (Entered: 05/02/2025)

1 Exhibit D

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2 Exhibit E

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DECLARATION of Shelly Sakiyama-Elbert filed by All Plaintiffs re 20 MOTION for Preliminary Injunction (Theriot-Orr, Devin) (Entered: 05/02/2025)

REPLY, filed by All Plaintiffs, TO RESPONSE to 4 MOTION for Leave to Proceed Under Pseudonym (Theriot-Orr, Devin) (Entered: 05/02/2025)

TRANSCRIPT REQUEST by All Defendants for proceedings held on 05/01/2025 re 30 Preliminary/Permanent Injunction Hearing,,. Requesting Attorney: Whitney Passmore.Posting of this Transcript Order form does not constitute an official request for transcript(s). If you have not already done so, you MUST contact the individual court reporter(s), Angela Nicolavo (angela_nicolavo@wawd.uscourts.gov, 253-882-3832) to make payment arrangements and secure your desired delivery time. (Passmore, Whitney) (Entered: 05/02/2025)

NOTICE of Supplemental Authority re 32 Memorandum, 28 Reply to Response to 20 Motion by Plaintiff John Doe (Attachments: # 1 Exhibit Appendix of Supplemental Authorities)(Gairson, Jay) Modified to add link to underlying motion on 5/5/2025 (MW). (Entered: 05/05/2025)

1 Exhibit Appendix of Supplemental Authorities

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ORDER granting Plaintiff's 4 Motion for Leave to Proceed Under a Pseudonym. Signed by U.S. District Judge David G Estudillo. (MW) (Entered: 05/05/2025)

PRAECIPE to attach document correcting Doc. 34 re 34 Declaration, Notice re Lack of Proper Signature, by Plaintiff John Doe (Attachments: # 1 Exhibit Corrected Doc. 34)(Theriot-Orr, Devin) (Entered: 05/05/2025)

REPLY by Defendants Rachel Canty, Todd Lyons, Kristi Noem, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Immigration and Customs Enforcement to 32 Memorandum on Irreparable Harm in Opposition to Plaintiff's Preliminary Injunction (Passmore, Whitney) (Entered: 05/05/2025)

Notice re Lack of Proper Signature

NOTICE REGARDING LACK OF PROPER SIGNATURE. The 34 Declaration was improperly signed by Shelly Sakiyama-Elbert. Signatures must comply with ECF Filing Procedures. Please file corrected signature page using Praecipe to Attach event and link to original filing. (MW)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held on 5/1/2025 before Judge David G. Estudillo.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Angela Nicolavo, angela_nicolavo@wawd.uscourts.gov, 253-882-3832. Release of Transcript Restriction set for 8/5/2025, (AN) (Entered: 05/07/2025)

MINUTE ORDER. Earlier today Defendants in related case Doe 1 v. Noem, 2:25-cv-0663-DGE, filed a declaration regarding the Government's intentions with respect to the plaintiffs SEVIS records, and a stipulation agreeing that the Government will not apprehend plaintiffs or attempt to remove plaintiffs for the conduct at issue during that litigation, mooting the preliminary injunction request in that case. (Case No. 25-0663, Dkt. Nos. 32 -1, 35 .) Defendants should file the declaration in this case if they intend it to apply to this case. Likewise, if the Parties intend to enter into a similar stipulation in this matter they should do so promptly. The Parties shall file a joint status report as to whether there remains a need for a preliminary injunction in this matter no later than 12:00 p.m., May 9, 2025. Authorized by U.S. District Judge David G Estudillo. (MDH) (Entered: 05/07/2025)

NOTICE of Supplemental Exhibit ; filed by Defendants Rachel Canty, Todd Lyons, Kristi Noem, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A)(Passmore, Whitney) (Entered: 05/08/2025)

NOTICE of Appearance by attorney Lyndsie Rebecca Schmalz on behalf of Defendants Rachel Canty, Todd Lyons, Kristi Noem, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Schmalz, Lyndsie) (Entered: 05/08/2025)

DECLARATION of Jay Gairson filed by Plaintiff John Doe re 20 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit SEVIS Record)(Theriot-Orr, Devin) (Entered: 05/09/2025)

JOINT STATUS REPORT signed by all parties. Estimated Trial Days: Unknown. (Theriot-Orr, Devin) (Entered: 05/09/2025)

NOTICE of Supplemental Exhibit re 20 MOTION for Preliminary Injunction ; filed by Plaintiff John Doe. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Theriot-Orr, Devin) (Entered: 05/14/2025)

ORDER denying Plaintiff's 20 Motion for Preliminary Injunction. Signed by U.S. District Judge David G Estudillo.(MW) (Entered: 05/14/2025)

Stipulated MOTION and [Proposed] Order for Extension of Time to Respond to Complaint, filed by Defendants Rachel Canty, Todd Lyons, Kristi Noem, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Noting Date 6/6/2025, (Passmore, Whitney) (Entered: 06/06/2025)

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Whitney Passmore for Defendants Rachel Canty, Todd Lyons, Kristi Noem, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Passmore, Whitney) (Entered: 06/06/2025)

DISREGARD Stipulated MOTION and [Proposed] Order for Extension of Time to Respond to Complaint, filed by Defendants Rachel Canty, Todd Lyons, Kristi Noem, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Noting Date 6/6/2025, (Passmore, Whitney) Modified a struck on 6/6/2025 - filed in incorrect case (LH). (Entered: 06/06/2025)

Terminate Motions (Public)

***Motion terminated: 51 Stipulated MOTION. Document filed in incorrect case. Struck and terminated per filer request. (LH)

MINUTE ORDER granting Parties' 49 Stipulated Motion for Extension of Time to Respond to Complaint. Defendants shall file their answer by July 10, 2025. Authorized by U.S. District Judge David G Estudillo.(MW) (Entered: 06/09/2025)

Stipulated MOTION & [Proposed] Order for Extension of Time to Respond to Complaint, filed by Defendants Rachel Canty, Todd Lyons, Kristi Noem, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Noting Date 7/3/2025, (Schmalz, Lyndsie) (Entered: 07/03/2025)

ORDER granting Parties' 53 Stipulated Motion for Extension of Time to Respond to Complaint. Defendants shall file their Answer by July 28, 2025. Signed by U.S. District Judge David G Estudillo.(MW) (Entered: 07/07/2025)

Stipulated MOTION & [Proposed] Order for Extension of Time to Respond to Complaint, filed by Defendants Rachel Canty, Todd Lyons, Kristi Noem, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Noting Date 7/21/2025, (Schmalz, Lyndsie) (Entered: 07/21/2025)

Order on Stipulated Motion AND ~Util - Terminate Motions

Stipulated Motion