Case: Ortega Gonzalez v. Noem

Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-9817447 Jury Trial Requested: No. Filed by AARON OLAF ORTEGA GONZALEZ against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Manning, Stephen) (Entered: 04/16/2025)

Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 8/15/2025. Joint Alternate Dispute Resolution Report is due by 9/15/2025. Pretrial Order is due by 9/15/2025. Ordered by Judge Michael J. McShane. (le) (Entered: 04/17/2025)

Summons Issued Electronically as to Kristi Noem. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 04/17/2025)

Summons Issued Electronically as to US Department Homeland Security. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 04/17/2025)

Summons Issued Electronically as to US Immigration and Customs Enforcement. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 04/17/2025)

Summons Issued Electronically as to Todd Lyons. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 04/17/2025)

Order: Plaintiff's Complaint, ECF No. 1, requests an expedited hearing in the case caption. The Court, however, has no authority to set an expedited hearing for emergency relief unless Plaintiff files a motion pursuant to Federal Rule of Civil Procedure 65 requesting a preliminary injunction or temporary restraining order. Ordered by Judge Michael J. McShane. (cp) (Entered: 04/17/2025)

Notice re Complaint, 1 Notice of Errata Filed by Aaron Olaf Ortega Gonzalez. (Related document(s): Complaint, 1 .) (Attachments: # 1 Corrected Complaint) (Hellgren, Tess) (Entered: 04/17/2025)

Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by Aaron Olaf Ortega Gonzalez. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Hellgren, Tess) (Entered: 04/17/2025)

Order

Notice of Appearance of Patrick J. Conti appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Conti, Patrick) (Entered: 04/18/2025)

Scheduling Order by Judge Michael J. McShane: Oral Argument regarding Motion for Temporary Restraining Order 9 is set for 4/21/2025 at 10:30AM in Eugene Courtroom 2 before Judge Michael J. McShane. Plaintiff is not required to personally appear. (jk) (Entered: 04/18/2025)

1 - Scheduling

Response to Motion for Temporary Restraining Order [9]. Filed by All Defendants. (Conti, Patrick)

Declaration of Andre Watson . Filed by All Defendants. (Related document(s): Response to Motion[12].) (Conti, Patrick)

MINUTES of Proceedings: Motion Hearing Held regarding Motion for Temporary Restraining Order[9]. Granting Motion for a Temporary Restraining Order [9]. Defendants are ENJOINED for a period of fourteen days from the date of this order, as follows: 1) Defendants shall restore Plaintiff's F-1 student record in the Student and Exchange Visitor Information System (SEVIS); 2) Defendants shall set aside the April 4, 2025 F-1 student record termination as to Plaintiff; 3) Defendants shall not terminate Plaintiffs student record 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 Court's jurisdiction, or ordering the detention or transfer of Plaintiff out of this Court's jurisdiction, as a result of the termination of the F-1 student record in SEVIS on April 4, 2025; and 5) Defendants are prohibited from initiating removal proceedings against or deporting Plaintiff on the basis of the April 4, 2025 termination of the F-1 student record in SEVIS. It is furthered ORDERED that the security requirement of Rule 65(c) is waived. Kelsey Lynn Provo, Eri Andriola, Jordan Elizabeth Cunnings and Philip James Smith present as counsel for plaintiff. Patrick J. Conti present as counsel for defendants. Court Reporter: Kellie Humiston. Judge Michael J. McShane presiding. (cp)

Scheduling Order: The Court adopts the proposed deadlines of the parties, Plaintiff's Motion for Preliminary Injunction is to be filed by 4/28/2025. Defendants' Response is due by 5/2/2025. Plaintiff's Reply, if any is due by 8:00AM on 5/5/2025. Oral Argument is set for 5/5/2025 at 09:30AM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp)

Notice of Appearance of Benjamin T. Hickman appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Hickman, Benjamin) (Entered: 04/23/2025)

Transcript Designation and Order Form for the hearing held on 4/21/25 before Judge Michael J. McShane. Court Reporter: Kellie Humiston. . Filed by Aaron Olaf Ortega Gonzalez. (Provo, Kelsey) (Entered: 04/24/2025)

Opinion and Order: Plaintiff's Motion for Temporary Restraining Order (ECF No. 9 ) is GRANTED. Defendants are ENJOINED for a period of fourteen days from April 21, 2025, as follows: 1) Defendants shall restore Plaintiff's F-1 student record in the Student and Exchange Visitor Information System (SEVIS); 2) Defendants shall set aside the April 4, 2025 F-1 student record termination as to Plaintiff; 3) Defendants shall not terminate Plaintiff's student record 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 Court's jurisdiction, or ordering the detention or transfer of Plaintiff out of this Court's jurisdiction, as a result of the termination of the F-1 student record in SEVIS on April 4, 2025; and 5) Defendants are prohibited from initiating removal proceedings against or deporting Plaintiff on the basis of the April 4, 2025 termination of the F-1 student record in SEVIS. It is furthered ORDERED that the security requirement of Rule 65(c) is waived. Signed on 4/24/2025 by Judge Michael J. McShane. (cp) (Entered: 04/24/2025)

Motion for Preliminary Injunction . Oral Argument requested. Filed by Aaron Olaf Ortega Gonzalez. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Manning, Stephen) (Entered: 04/28/2025)

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 4/21/25 before Judge Michael J. McShane, Court Reporter Kellie M. Humiston, telephone number 503-326-8186 or Kellie_Humiston@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/6/2025. Redaction Request due 5/20/2025. Redacted Transcript Deadline set for 5/30/2025. Release of Transcript Restriction set for 7/28/2025. (Humiston, Kellie) (Entered: 04/29/2025)

Response to Motion for Preliminary Injunction 19 . Filed by All Defendants. (Attachments: # 1 Exhibit A) (Conti, Patrick) (Entered: 05/02/2025)

Reply to Motion for Preliminary Injunction 19 Oral Argument requested. Filed by Aaron Olaf Ortega Gonzalez. (Manning, Stephen) (Entered: 05/04/2025)

MINUTES of Proceedings: Motion Hearing Held regarding Motion for Preliminary Injunction 19 . Motion is taken under advisement as of 5/5/2025. The April 21, 2025 Temporary Restraining Order is extended through May 9, 2025, for good cause, pursuant to FRCP 65(b)(2). Stephen W. Manning, Kelsey Lynn Provo and Philip James Smith present as counsel for plaintiff. Benjamin T. Hickman and Patrick J. Conti present as counsel for defendant. Court Reporter: Kellie Humiston. Judge Michael J. McShane presiding. (cp) (Entered: 05/05/2025)

Motion Hearing Held

Notice of Supplemental Exhibit Filed by All Defendants. (Attachments: # 1 Exhibit Declaration of Andre Watson) (Conti, Patrick) (Entered: 05/08/2025)

Opinion and Order: Plaintiffs' Motions for Preliminary Injunction (Case No. 6:25-cv-00622-MC, ECF No. 19 and Case No. 6:25-cv-00632-MC, ECF No. 16 ) are GRANTED. Defendants shall set aside and refrain from enforcing the April 2025 termination determination provided via the Student and Exchange Visitor Information System (SEVIS). Defendants shall restore and maintain Plaintiffs' SEVIS record for the duration of the litigation absent Defendants' becoming aware of a newly discovered independent legal ground allowing removability. Defendants shall provide notice to Plaintiffs and this Court of an intent to terminate Plaintiffs' SEVIS status 15 days prior to such termination. Signed on 5/9/2025 by Judge Michael J. McShane. (cp) (Entered: 05/09/2025)

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 5/5/25 before Judge Michael J. McShane, Court Reporter Kellie M. Humiston, telephone number 503-326-8186 or Kellie_Humiston@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/27/2025. Redaction Request due 6/9/2025. Redacted Transcript Deadline set for 6/20/2025. Release of Transcript Restriction set for 8/18/2025. (Humiston, Kellie) (Entered: 05/19/2025)

Motion for Extension of Time to Answer Complaint, 1 . Filed by All Defendants. (Hickman, Benjamin) (Entered: 06/16/2025)

ORDER: Granting Motion for Extension of Time to Answer 27 . Answer is due by 7/17/2025. Ordered by Judge Michael J. McShane. (cp) (Entered: 06/18/2025)

Order on Motion for Extension of Time to Answer a Complaint/Petition

Notice of Appeal to the 9th Circuit (fee exempt status selected). Filed by All Defendants. (Conti, Patrick) (Entered: 07/08/2025)

USCA Case Number

USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal - Preliminary Injunction 29 . Case Appealed to 9th Circuit Case Number 25-4224 assigned. (le)

Motion for Stay of Answer Deadline. Expedited Hearing requested. Filed by All Defendants. (Conti, Patrick) (Entered: 07/11/2025)

Response in Opposition to Motion for Stay of Answer Deadline 30 . Filed by Aaron Olaf Ortega Gonzalez. (Provo, Kelsey) (Entered: 07/16/2025)

ORDER: Defendants' Motion for Stay, ECF No. 30, is GRANTED. Plaintiff's interests are protected by the preliminary injunction. A stay pending the Ninth Circuit's review of the preliminary injunction will promote the "orderly course of justice." Ernest Bock, LLC v. Steelman, 76 F.4th 827, 842 (9th Cir. 2023). Defendants' responsive pleading is due 30 days after the Ninth Circuit issues its mandate. Ordered by Judge Michael J. McShane. (cp) Modified on 7/17/2025 to correct docket text, resent NEF(cp). (Entered: 07/17/2025)

Order on Motion for Stay