Case: Alduaij v. Noem

2:25-cv-00538 | U.S. District Court for the Western District of Pennsylvania

Filed Date: April 21, 2025

Closed Date: May 2, 2025

Clearinghouse coding complete

Case Summary

This is a case about the federal government’s termination of an individual’s Temporary Protected Status (TPS). On April 21, 2025, an individual plaintiff filed this lawsuit in the United States District Court for the Western District of Pennsylvania. The plaintiff sued Kristi Noem, in her official capacity as Secretary of Homeland Security under the Administrative Procedure Act. Represented by private counsel, the plaintiff sought vacatur of the TPS termination, declaratory and injunctive relie…

This is a case about the federal government’s termination of an individual’s Temporary Protected Status (TPS). On April 21, 2025, an individual plaintiff filed this lawsuit in the United States District Court for the Western District of Pennsylvania. The plaintiff sued Kristi Noem, in her official capacity as Secretary of Homeland Security under the Administrative Procedure Act. Represented by private counsel, the plaintiff sought vacatur of the TPS termination, declaratory and injunctive relief, and attorney’s fees. The plaintiff claimed that the termination was arbitrary, capricious, and contrary to law.

Judge Susan Paradise Baxter was initially assigned and entered as the presiding judge. Shortly thereafter, on April 23, 2025, she issued an order analyzing whether the new case was related to existing docketed cases. In that order, Judge Baxter determined that this case was not related to any pending cases before her, and accordingly opted out from retaining it based on the court's related-case rules. The matter was then reassigned to Chief Judge Mark R. Hornak, who took over the proceedings.

Also on April 23, 2025, Judge Hornak granted a temporary restraining order preventing the termination of the plaintiff’s TPS pending further proceedings. 2025 WL 1180743. During the hearing on the TRO, the plaintiff made an oral motion to convert the TRO into a motion for preliminary injunction, which Judge Hornak granted on the record. A hearing on the motion for a preliminary injunction was held as scheduled on April 30, 2025. However, on May 1, 2025, the parties filed a stipulation of dismissal, and the case was dismissed without prejudice on May 2, 2025. No further substantive filings or rulings were made after the dismissal. The case is currently closed.

Summary Authors

Victoria Tan (6/30/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69921715/parties/alduaij-v-noem/


Judge(s)

Baxter, Susan Paradise (Pennsylvania)

Hornak, Mark Raymond (Pennsylvania)

Attorney for Plaintiff
Attorney for Defendant

AUSA), Amy Kristen (Pennsylvania)

Ream, Amy Kristen (Pennsylvania)

Skirtich, Paul E. (Pennsylvania)

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Documents in the Clearinghouse

Document
6

2:25-cv-00538

Memorandum Order

April 23, 2025

April 23, 2025

Order/Opinion
10

2:25-cv-00538

Memorandum Order Granting Motion for Temporary Restraining Order and Entering Temporary Restraining Order

April 23, 2025

April 23, 2025

Order/Opinion

2025 WL 1180743

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69921715/alduaij-v-noem/

Last updated Sept. 23, 2025, 9:04 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Khalid Alduaij (Filing fee, including Administrative fee, $405, receipt number APAWDC-8824512), filed by Khalid Alduaij. (Attachments: # 1 Civil Cover Sheet, # 2 Summons) (Stevens, Mark) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
2

MOTION for attorney Mark Stevens to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8824556) by Khalid Alduaij. (Attachments: # 1 Exhibit 1 - Affidavit of Mark Stevens, # 2 Exhibit 2 - Certificate of Good Standing) (Stevens, Mark) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER

Add and Terminate Judges

April 21, 2025

April 21, 2025

PACER

Judge Susan Paradise Baxter added. (cel)

April 21, 2025

April 21, 2025

PACER
3

Summons Issued as to TODD LYONS, KRISTI NOEM (cel) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER
4

MOTION for Temporary Restraining Order by Khalid Alduaij. (Stevens, Mark) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER
5

BRIEF in Support re 4 Motion for TRO filed by Khalid Alduaij. (Attachments: # 1 Exhibit 1 - Proposed Order, # 2 Exhibit 2 - I-94, # 3 Exhibit 3 - I-20, # 4 Exhibit 4 - Affidavit of Khalid Alduaij, # 5 Exhibit 5 - Academic Transcript, # 6 Exhibit 6 - DSO Email, # 7 Exhibit 7 - Visa Revocation, # 8 Exhibit 8 - Policy Guidance 1004-04 Visa Revocations, # 9 Exhibit 9 - Guidance Directive 2016-03, # 10 Exhibit 10 - Email to U.S. Attorney's Office) (Stevens, Mark) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER
10

MEMORANDUM ORDER granting 4 Motion for TRO and Entering Temporary Restraining Order. Signed by Chief Judge Mark R. Hornak on 4/23/25. (dmh) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

RECAP
6

MEMORANDUM ORDER: IT IS ORDERED, this 23rd day of April, 2025, that the assignment of the within case to the undersigned is rejected, inasmuch as the within case is not related to Civil Action No. 1:25-cv-103, and/or the assignment does not otherwise promote the convenience of the parties or witnesses or the just and efficient conduct of the action. LCvR 40(E)(1). Signed by Judge Susan Paradise Baxter on 4/23/2025. (snc) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

RECAP
7

NOTICE of Appearance by Amy Kristen Ream on behalf of TODD LYONS, KRISTI NOEM. (Ream, Amy) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
8

NOTICE of Appearance by Paul E. Skirtich on behalf of TODD LYONS, KRISTI NOEM. (Skirtich, Paul) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
9

ORDER. The Court will conduct a video conference and hearing on all pending motions on THIS DATE at 5:00 PM EASTERN TIME. The link required to participate will be circulated via e-mail Signed by Chief Judge Mark R. Hornak on 4/23/25. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER

Order

April 23, 2025

April 23, 2025

PACER

Add and Terminate Judges

April 23, 2025

April 23, 2025

PACER

Judge Susan Paradise Baxter no longer assigned to case. (cel)

April 23, 2025

April 23, 2025

PACER

Chief Judge Mark R. Hornak added. (cel)

April 23, 2025

April 23, 2025

PACER

Set Hearings

April 23, 2025

April 23, 2025

PACER

Set Hearings: Preliminary Injunction Hearing set for 4/30/2025 at 10:00 AM before Chief Judge Mark R. Hornak per Order 10 . (sms)

April 23, 2025

April 23, 2025

PACER
11

Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Motions Hearing held on 4/23/25. (Court Reporter: Marsia Balobeck) (bdb) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
12

SCHEDULING ORDER. Plaintiff made an oral motion to convert the Motion for TRO to a Motion for Preliminary Injunction, which the Court granted. A hearing on the Motion for Preliminary Injunction is set for Wednesday, April 30, at 10:00 AM. Counsel shall confer and notify the Court by Monday, April 28, at 12:01 PM whether such hearing will be conducted in-person or via video conference. Defendants' response in opposition to the Motion for Preliminary Injunction is due at 11:00 AM on Tuesday, April 29; any reply by Plaintiff is due at 11:59 PM on the same day. Signed by Chief Judge Mark R. Hornak on 4/24/25. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
13

ORDER GRANTING 2 Motion for Mark Stevens to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 4/24/25. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
14

TRO BOND in the amount of $100.00, posted by Khalid Alduaij, to be placed in the Local Court Registry as per Order of Court signed by Chief Judge on 4/23/2025 at ECF No. 10 . Receipt Number 200013954. (sms) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER

Order on Motion to Appear Pro Hac Vice

April 24, 2025

April 24, 2025

PACER

Order

April 24, 2025

April 24, 2025

PACER
15

SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 4/29/25 at 3:00 PM before Chief Judge Mark R. Hornak. The information required to participate will be circulated via e-mail. Signed by Chief Judge Mark R. Hornak on 4/25/25. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER

Order AND ~Util - Set Hearings

April 25, 2025

April 25, 2025

PACER
16

ORDER RESCHEDULING CONFERENCE. The Telephonic Status Conference set for 4/29/25 at 3:00 PM is hereby RESCHEDULED for 4/28/25 at 3:00 PM before Chief Judge Mark R. Hornak. Counsel shall utilize the same dial-in information already circulated by Chambers. Signed by Chief Judge Mark R. Hornak on 4/27/25. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 04/27/2025)

April 27, 2025

April 27, 2025

PACER

1 - Terminate Hearings AND Order AND ~Util - Set Hearings

April 27, 2025

April 27, 2025

PACER
17

Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 4/28/25. (Court Reporter: Marsia Balobeck) (bdb) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

PACER
18

SCHEDULING ORDER. The Court's prior scheduling order 15 is hereby VACATED without prejudice, including the briefing obligations and hearing previously set by the Court. A targeted hearing date is set for 5/5/25 at 2:00 PM. The parties are directed to confer and file a joint status report by 11:59 PM on Thursday, 5/1/25, and the Court will revisit the status of the hearing at that time. Signed by Chief Judge Mark R. Hornak on 4/28/25. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

PACER

1 - Terminate Deadlines and Hearings AND Order AND ~Util - Set Deadlines/Hearings

April 28, 2025

April 28, 2025

PACER
19

SUPPLEMENT by Khalid Alduaij to 5 Brief in Support of Motion,,. (Stevens, Mark) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

PACER
20

ORDER. It is hereby ORDERED that 19 Supplement is hereby ACCEPTED into the record and the record is considered so AMENDED. Signed by Chief Judge Mark R. Hornak on 4/30/25. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER

Order

April 30, 2025

April 30, 2025

PACER
21

STIPULATION of Dismissal by TODD LYONS, KRISTI NOEM. (Skirtich, Paul) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

PACER
22

ORDER ACCEPTING JOINT STIPULATION AND MATTERS STATED THEREIN, VACATING TEMPORARY RESTRAINING ORDER, EXONERATING SECURITY, AND DISMISSING ACTION WITHOUT PREJUDICE. The Court previously entered a Temporary Restraining Order 10, for which security in the amount of $100 was posted 14 . The parties have now filed a Joint Stipulation 21 confirming that the Plaintiff's status in the "SEVIS" system is "active", and that his "F-1" status is unchanged from that which he held immediately prior to April 11, 2025, which means that the Plaintiff possesses all rights and responsibilities that he possessed as a college student immediately prior to April 11, 2025. Based on its review of the record, the Court ACCEPTS that Joint Stipulation at 21 and all matters set forth therein. The Temporary Restraining Order 10 is VACATED without prejudice. The security posted at 14 is EXONERATED, and shall be returned to the Plaintiff by the Clerk. This civil action is DISMISSED without prejudice to any party pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(ii), each party to bear its own costs and counsel fees. The action shall be closed on the docket, without prejudice. Signed by Chief Judge Mark R. Hornak on 5/2/25. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

PACER

Order AND ~Util - Terminate Civil Case

May 2, 2025

May 2, 2025

PACER
23

ORDER FOR THE RETURN OF CASH BOND. It is hereby ORDERED and DIRECTED that the Clerk of Court of the Western District of Pennsylvania return the cash bond held in the local Registry in the amount of $100.00 to: KHALID ALDUAIJ; 1818 TEAL TRACE ROAD; PITTSBURGH, PA 15237. Signed by Chief Judge Mark R. Hornak on 6/5/25. (bdb) (Entered: 06/05/2025)

June 5, 2025

June 5, 2025

RECAP
24

Remark: TRO BOND IN THE AMOUNT OF $100.00 PROCESSED ON 4/24/2025 UNDER RECEIPT NO. 200013954 POSTED BY PLAINTIFF KHALID ALDUAIJ TO BE RETURNED TO HIM AS PER ORDER OF COURT SIGNED BY CHIEF U.S. DISTRICT JUDGE MARK R. HORNAK ON 06/05/2025 UNDER ECF NO. 23, PROCESSED AT FINANCE NO. PQC PAWCCA25-00037 ON 06/05/2025. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms) (Entered: 06/06/2025)

June 6, 2025

June 6, 2025

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: April 21, 2025

Closing Date: May 2, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An individual recipient of Temporary Protected Status (TPS)

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security (- United States (national) -), Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex parte Young (federal or state officials)

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Removal/deportation barred

Order Duration: 2025 - 2025

Issues

General/Misc.:

Government services

Immigration/Border:

Temporary protected status