Case: Campell v. Noem

COMPLAINT against Immigration and Customs Enforcement, Todd Lyons, Kristi Noem, US Department of Homeland Security Filing fee: $ 405, receipt number AMADC-10962556 (Fee Status: Filing Fee paid), filed by Spruce Campell. (Attachments: # 1 Civil Coversheet, # 2 Exhibit 1, # 3 Request for Summons, # 4 Request for Summons, # 5 Request for Summons, # 6 Request for Summons, # 7 Request for Summons, # 8 Request for Summons)(Doyle, Kerry) (Additional attachment(s) added on 4/21/2025: # 9 Category Form) (SR). (Entered: 04/21/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Stephen J. Antwine Filing fee: $ 125, receipt number AMADC-10962565 by Spruce Campell. (Attachments: # 2 Exhibit Certificate of Good Standing)(Doyle, Kerry) Modified on 4/21/2025 to edit docket text (SR). (Entered: 04/21/2025)

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jessica D. Hedges. (JAM) (Entered: 04/21/2025)

Summons Issued as to Immigration and Customs Enforcement, Todd Lyons, Kristi Noem, US Department of Homeland Security. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (SR) (Entered: 04/21/2025)

MOTION for Temporary Restraining Order by Spruce Campell. (Attachments: # 1 Brief in Support, # 2 Text of Proposed Order Proposed Order)(Doyle, Kerry) (Entered: 04/21/2025)

1 Brief in Support

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2 Text of Proposed Order Proposed Order

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Notice of Case Assignment

NOTICE by Spruce Campell re 1 Complaint,, Verification by Plaintiff (Doyle, Kerry) (Entered: 04/22/2025)

Electronic Clerk's Notes for proceedings held before District Judge Angel Kelley: Motion Hearing held on 4/22/2025 re 5 MOTION for Temporary Restraining Order filed by Spruce Campell. The Court heard the parties on the motion. Briefing schedule set and further hearing set. Further order to issue. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: Antine for Plaintiff; Farquhar for Dfts.) (MAL) (Entered: 04/22/2025)

District Judge Angel Kelley: ORDER GRANTING PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER entered. Following a hearing with counsel, the Court GRANTS Plaintiff’s request for a temporary restraining order. The Defendants are ORDERED to temporarily set aside their determination that the Plaintiff's F-1 student status is terminated. The Defendants shall restore his student status and SEVIS authorization, retroactive to April 8, 2025. The Defendants are ENJOINED from directly or indirectly enforcing, implementing, or otherwise taking any action or imposing any legal consequences because of the Defendants’ decision to terminate Campbell’s SEVIS records, including arresting or detaining him, removing him from this Court’s jurisdiction, or ordering the same.The Plaintiff is ORDERED to submit supplemental briefing on the Court's jurisdiction by Friday, April 25, 2025. The Defendants’ opposition is due no later than Wednesday, April 30, 2025 by 12:00 PM. The Plaintiff may file a reply brief, limited to ten pages, by Friday, May 2, 2025 by 5:00 PM. Counsel shall appear in person for a hearing on Monday, May 5, 2025 at 2:30 PM in Courtroom 8. SO ORDERED.Hearing set for 5/5/2025 02:30 PM in Courtroom 8 (In person only) before District Judge Angel Kelley.(MAL) (Entered: 04/22/2025)

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 04/22/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 2 Motion for Leave to Appear Pro Hac Vice Added Stephen J. Antwine. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (CEH) (Entered: 04/22/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered. The Court ORDERS that Plaintiff’s counsel APPEAR for a remote hearing on Tuesday, April 22, 2025, at 4:00 PM. Counsel should be prepared to address the four requirements for injunctive relief: (1) a substantial likelihood of success on the merits, (2) a significant risk of irreparable harm if the injunction is withheld, (3) a favorable balance of hardships, and (4) a fit (or lack of friction) between the injunction and the public interest. See Goldstein v. Batista Contracting LLC, 671 F. Supp. 3d 68, 72 (D. Mass. 2023). Additionally, counsel should explain the efforts made to serve the Defendants and articulate why the Court should grant the temporary restraining order on an ex parte basis. See Fed. R. Civ. P. 65(b) (instructing that a court may issue an ex parte TRO without notice only if: (A) specific facts in an affidavit or a verified complaint clearly demonstrate that immediate and irreparable injury, loss, or damage will occur to the movant before the adverse party can be heard in opposition; and (B) the movant’s attorney certifies in writing any efforts made to provide notice and the reasons why such notice should not be required). SO ORDERED.Motion Hearing set for 4/22/2025 04:00 PM in Remote Proceeding : Boston before District Judge Angel Kelley.(MAL) (Entered: 04/22/2025)

ELECTRONIC NOTICE Setting Hearing on Motion: Audio access to the hearing will be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here. Motion Hearing set for 4/22/2025 04:00 PM in Remote Proceeding : Boston before District Judge Angel Kelley.(MAL) (Entered: 04/22/2025)

Order on Motion for Leave to Appear

Order AND ~Util - Set Motion and R&R Deadlines/Hearings

Notice Setting or Resetting Hearing on Motion

Motion Hearing

Supplemental MEMORANDUM in Support re 5 MOTION for Temporary Restraining Order Jurisdiction filed by Spruce Campell. (Attachments: # 1 Exhibit Exhibit A, SEVIS Termination Outcomes ICE)(Antwine, Stephen) (Entered: 04/25/2025)

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (CEH) (Entered: 04/28/2025)

MOTION to Withdraw Motion for TRO by Spruce Campell. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Withdrawal of Motion)(Antwine, Stephen) (Entered: 04/30/2025)

1 Text of Proposed Order Proposed Order Granting Withdrawal of Motion

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District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 15 Motion to Withdraw 5 MOTION for Temporary Restraining Order by Spruce Campell. (MAL) (Entered: 05/01/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered 5 Motion for TRO filed by Spruce Campbell. As the motion has since been withdrawn, the motion hearing previously scheduled for 5/5/2025 is CANCELLED. (MAL) (Entered: 05/01/2025)

Order on Motion for TRO

Order on Motion to Withdraw

NOTICE of Appearance by Michael P. Sady on behalf of Kristi Noem (Sady, Michael) (Entered: 06/18/2025)

Summons Returned Executed as to USA

Order

Stipulation of Dismissal

District Judge Angel Kelley: ORDER entered. STIPULATED ORDER. (CEH)