1
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COMPLAINT against All Defendants. ( Filing fee $ 405 receipt number AWIWDC-3594551.), filed by All Plaintiffs. (Attachments: # 1 JS-44 Civil Cover Sheet, # 2 Exhibit A. Evidence of SEVIS termination, # 3 Exhibit B. ICE Policy on Visa Revocation, # 4 Exhibit C. News articles on recent SEVIS terminations nationwide, # 5 Summons - Kristi Noem, # 6 Summons - DHS, # 7 Summons - Todd Lyons) (Lotfi, Shabnam) Modified on 4/14/2025. (lak) [Transferred from Wisconsin Western on 4/22/2025.] (Entered: 04/14/2025)
1 JS-44 Civil Cover Sheet
View on PACER
2 Exhibit A. Evidence of SEVIS termination
View on PACER
3 Exhibit B. ICE Policy on Visa Revocation
View on PACER
4 Exhibit C. News articles on recent SEVIS terminations nationwide
View on PACER
5 Summons - Kristi Noem
View on PACER
6 Summons - DHS
View on PACER
7 Summons - Todd Lyons
View on PACER
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April 14, 2025
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April 14, 2025
Clearinghouse
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2
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Declaration of Krish Lal Isserdasani (Lotfi, Shabnam) [Transferred from Wisconsin Western on 4/22/2025.] (Entered: 04/14/2025)
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April 14, 2025
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April 14, 2025
PACER
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3
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Declaration of Hamidreza Khademi (Lotfi, Shabnam) [Transferred from Wisconsin Western on 4/22/2025.] (Entered: 04/14/2025)
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April 14, 2025
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April 14, 2025
PACER
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4
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Motion for Temporary Restraining Order by Plaintiffs Krish Lal Isserdasani, Hamidreza Khademi. (Lotfi, Shabnam) [Transferred from Wisconsin Western on 4/22/2025.] (Entered: 04/14/2025)
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April 14, 2025
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April 14, 2025
PACER
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5
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Brief in Support of 4 Motion for TRO by Plaintiffs Krish Lal Isserdasani, Hamidreza Khademi (Lotfi, Shabnam) [Transferred from Wisconsin Western on 4/22/2025.] (Entered: 04/14/2025)
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April 14, 2025
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April 14, 2025
PACER
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6
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Summons Issued as to All Defendants. (lak) [Transferred from Wisconsin Western on 4/22/2025.] (Entered: 04/14/2025)
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April 14, 2025
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April 14, 2025
PACER
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Case randomly assigned to District Judge William M. Conley and Magistrate Judge Anita Marie Boor. (lak) [Transferred from Wisconsin Western on 4/22/2025.]
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April 14, 2025
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April 14, 2025
PACER
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Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: NORTC, Corporate Disclosure Statement. (lak) [Transferred from Wisconsin Western on 4/22/2025.]
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April 14, 2025
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April 14, 2025
PACER
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7
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ORDER Plaintiffs' motion for a temporary restraining order (dkt. #4) is GRANTED in part. Pending a preliminary injunction hearing, defendants are enjoined from (1) terminating plaintiff Krish Lal Isserdasani's F-1 student status records from the Student and Exchange Visitor System ("SEVIS"); and (2) directly or indirectly enforcing, implementing, or otherwise taking any action or imposing any legal consequences as the result of the decision to terminate his SEVIS records, including revoking Isserdasani's visa or detaining him. The court will hold a preliminary injunction hearing at 10:00 a.m. on April 28, 2025. Plaintiff Isserdasani shall file proposed findings of fact consistent with the court's procedures for preliminary injunctions by Friday April 18, 2025. Defendants may file under the same procedures by April 23, 2025. Plaintiff Hamidreza Khademi may file additional briefing regarding the venue issue on which the court has reserved ruling by April 15, 2025. Counsel for defendants may file any briefing on that issue by the following day, April 16, 2025. Signed by District Judge William M. Conley on 04/15/2025. (acd) [Transferred from Wisconsin Western on 4/22/2025.] (Entered: 04/15/2025)
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April 15, 2025
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April 15, 2025
PACER
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8
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Supplement to 4 Motion for TRO filed by Krish Lal Isserdasani, Hamidreza Khademi (Sustic, Veronica) [Transferred from Wisconsin Western on 4/22/2025.] (Entered: 04/15/2025)
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April 15, 2025
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April 15, 2025
PACER
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Set/Reset Deadlines Procedure to be followed on Motions for Injunctive Relief attached. Injunctive Hearing set for 4/28/2025 at 10:00 AM. (acd) [Transferred from Wisconsin Western on 4/22/2025.]
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April 15, 2025
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April 15, 2025
PACER
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9
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Brief in Opposition by Defendants Todd Lyons, Kristi Noem, U.S. Department of Homeland Security to Plaintiffs' Supplement to Motion for TRO (Herje, Leslie) [Transferred from Wisconsin Western on 4/22/2025.] (Entered: 04/16/2025)
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April 16, 2025
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April 16, 2025
PACER
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10
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ORDER that plaintiffs' counsel shall notify the court no later than 3:00 p.m. on April 18, 2025, as to which court with proper venue plaintiff Hamidreza Khademi has a preference for transferring his claims. Alternatively, plaintiffs' counsel may have until then to move to voluntarily dismiss plaintiff Khademi's claims without prejudice to refiling elsewhere. Signed by District Judge William M. Conley on 4/17/2025. (lam) [Transferred from Wisconsin Western on 4/22/2025.] (Entered: 04/17/2025)
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April 17, 2025
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April 17, 2025
PACER
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11
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Notice by Plaintiffs Krish Lal Isserdasani, Hamidreza Khademi of Preference on Transferee Court. (Sustic, Veronica) [Transferred from Wisconsin Western on 4/22/2025.] (Entered: 04/18/2025)
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April 18, 2025
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April 18, 2025
PACER
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12
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** TEXT ONLY ORDER **After the court directed plaintiffs' counsel to notify the court to which venue plaintiff Hamidreza Khademi preferred to have his case transferred (dkt. # 10 ), plaintiffs' counsel expressed a preference for the U.S. District Court for the District of Columbia. (Dkt. # 11 .) It appears that there is venue in the U.S. District Court for the District of Columbia, as that is where defendants represent that they reside. (Dkt. # 9, at 10.) Accordingly, plaintiff Khademi's claims are SEVERED and in the interests of justice TRANSFERRED to the U.S. District Court for the District of Columbia for reasons amply explained in this court's earlier opinions and orders. Signed by District Judge William M. Conley on 4/18/2025. (nln) [Transferred from Wisconsin Western on 4/22/2025.] (Entered: 04/18/2025)
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April 18, 2025
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April 18, 2025
PACER
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13
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Case transferred in from District of Wisconsin Western; Case Number 3:25-cv-00283. Original file,transfer order and docket sheet received. (Entered: 04/22/2025)
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April 22, 2025
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April 22, 2025
PACER
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14
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NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of All Defendants (Carilli, Joseph) (Entered: 04/23/2025)
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April 23, 2025
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April 23, 2025
PACER
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15
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NOTICE of Appearance by Brian Scott Green on behalf of HAMIDREZA KHADEMI (Green, Brian) (Entered: 04/23/2025)
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April 23, 2025
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April 23, 2025
PACER
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16
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Veronica Sustic, Filing fee $ 100, receipt number ADCDC-11639893. Fee Status: Fee Paid. by HAMIDREZA KHADEMI. (Attachments: # 1 Exhibit Certificate of Good Standing)(Green, Brian) (Entered: 04/23/2025)
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April 23, 2025
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April 23, 2025
PACER
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17
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MOTION for Temporary Restraining Order and Proposed Order by HAMIDREZA KHADEMI. (Attachments: # 1 Text of Proposed Order)(Green, Brian) (Entered: 04/23/2025)
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April 23, 2025
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April 23, 2025
PACER
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18
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MEMORANDUM re 17 MOTION for Temporary Restraining Order and Proposed Order by HAMIDREZA KHADEMI. (Green, Brian) (Entered: 04/23/2025)
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April 23, 2025
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April 23, 2025
PACER
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.Order AND ~Util - Set/Reset Hearings
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April 23, 2025
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April 23, 2025
PACER
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MINUTE ORDER: In light of the 13 recent case transfer, the Court directs the Parties to appear for a status conference today at 2:00 PM on Zoom before Judge Sparkle L. Sooknanan. Signed by Judge Sparkle L. Sooknanan on 4/23/2025. (lcas)
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April 23, 2025
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April 23, 2025
PACER
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Status Conference
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April 23, 2025
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April 23, 2025
PACER
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.Order AND ~Util - Set/Reset Deadlines AND ~Util - Set/Reset Hearings
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April 23, 2025
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April 23, 2025
PACER
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.Order
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April 23, 2025
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April 23, 2025
PACER
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Minute Entry for video Status Conference held before Judge Sparkle L. Sooknanan on 4/23/2025. Counsel for the Plaintiff is directed to enter their line of appearance. Counsel is further directed to file a line of appearance for the named Plaintiff in the transferred case. (Court Reporter: Bryan Wayne) (lsj)
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April 23, 2025
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April 23, 2025
PACER
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MINUTE ORDER: In light of 12 and the status conference held on April 23, 2025, the Court directs the Clerk of the Court to modify the parties and case caption to reflect that only Mr. Hamidreza Khademi's claims are pending before this Court. Signed by Judge Sparkle L. Sooknanan on 4/23/2025. (lcas)
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April 23, 2025
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April 23, 2025
PACER
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MINUTE ORDER: In light of the status conference held on April 23, 2025, the Court ORDERS the Plaintiff to file any motion for temporary restraining order today and the Defendants to file their response by tomorrow, April 24, 2025, at 6:00 PM. The Plaintiff may file a reply by April 25, 2025, at 11:00 AM. The Court directs the Parties to appear for a hearing on Friday, April 25, 2025, at 1:00 PM on Zoom before Judge Sparkle L. Sooknanan. Signed by Judge Sparkle L. Sooknanan on 4/23/2025. (lcas)
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April 23, 2025
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April 23, 2025
PACER
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19
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Memorandum in opposition to re 17 MOTION for Temporary Restraining Order and Proposed Order filed by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A)(Carilli, Joseph) (Entered: 04/24/2025)
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April 24, 2025
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April 24, 2025
PACER
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20
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ORDER: The Court GRANTS the Plaintiff's 17 Motion for Temporary Restraining Order. See the attached document for details. Signed by Judge Sparkle L. Sooknanan on 4/25/2025. (lcah) (Entered: 04/25/2025)
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April 25, 2025
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April 25, 2025
RECAP
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Minute Entry for video Motion Hearing held before Judge Sparkle L. Sooknanan on 4/25/2025. For the reasons stated on the record, the Court GRANTED Plaintiff's 17 Motion for Temporary Restraining Order. Forthcoming order. (Court Reporter Sonja Reeves.) (zljn)
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April 25, 2025
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April 25, 2025
PACER
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Motion Hearing
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April 25, 2025
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April 25, 2025
PACER
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Order on Motion for Leave to Appear Pro Hac Vice
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April 25, 2025
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April 25, 2025
PACER
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MINUTE ORDER granting the Plaintiff's 16 Motion for Leave to Appear Pro Hac Vice. The Court grants Veronica Sustic leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Sparkle L. Sooknanan on 4/25/2025. (lcas)
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April 25, 2025
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April 25, 2025
PACER
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21
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MOTION for Preliminary Injunction by HAMIDREZA KHADEMI. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Sustic, Veronica) (Entered: 04/28/2025)
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April 28, 2025
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April 28, 2025
PACER
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22
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NOTICE OF SUBSTITUTION OF COUNSEL by Diana Viggiano Valdivia on behalf of All Defendants Substituting for attorney Joseph F. Carilli, Jr. (Valdivia, Diana) (Entered: 04/29/2025)
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April 29, 2025
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April 29, 2025
PACER
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23
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NOTICE OF FILING by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit A (April 26, 2025 Policy Regarding Termination of Records))(Valdivia, Diana) (Entered: 04/29/2025)
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April 29, 2025
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April 29, 2025
PACER
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Status Report Order
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April 30, 2025
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April 30, 2025
PACER
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.Order AND ~Util - Set/Reset Deadlines
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April 30, 2025
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April 30, 2025
PACER
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MINUTE ORDER: At the hearing on April 25, 2025, counsel for the Government reported that the U.S. Immigration and Customs Enforcement (ICE) was "developing a policy that will provide a framework for SEVIS record terminations." Motions H'rg (Apr. 25, 2025), Draft Tr. at 2:4-7. Counsel also represented that, "[u]ntil such policy is issued, the SEVIS records for [the Plaintiff] in this case and other similarly situated plaintiffs will remain active or shall be reactivated if not currently active, and ICE will not modify the record solely based on the NCIC finding that resulted in the SEVIS record termination." Id. at 2:7-12. But counsel did not know how long it would take for the Plaintiff's SEVIS record to be reactivated. Id. at 2:19-3:17. The Court therefore entered a 20 Temporary Restraining Order on April 25, 2025.The Court ORDERS the Defendants to file a notice by Thursday, May 1, 2025, at 5:00 PM, informing the Court of the following: (1) whether the Plaintiff's SEVIS record has been reactivated, and if so, whether that reactivation was the result of the Court's 20 Temporary Restraining Order or the Government's representation that "the SEVIS records for [the Plaintiff] in this case and other similarly situated plaintiffs" would "be reactivated if not currently active," Motions H'rg (Apr. 25, 2025), Draft Tr. at 2:7-12; (2) whether, assuming the Plaintiff's SEVIS record has been reactivated, the Government stands by its representation that "ICE will not modify [the Plaintiff's SEVIS] record solely based on the NCIC finding that resulted in the SEVIS record termination" that occurred on April 10, 2025; (3) whether, at the expiration of the Court's 20 Temporary Restraining Order, the Government intends to terminate the Plaintiff's status in SEVIS based on the February 28, 2024, arrest; and (4) whether, at the expiration of the Court's 20 Temporary Restraining Order, the Government's view is that the Plaintiff is in a valid F-1 status. Signed by Judge Sparkle L. Sooknanan on 4/30/2025. (lcas)
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April 30, 2025
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April 30, 2025
PACER
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MINUTE ORDER: The Defendants have been ordered to file a notice by May 1, 2025, at 5:00 PM, responding to specific questions from the Court. The Court ORDERS the Parties to file a joint status report by May 2, 2025, at 5:00 PM. This Joint Status Report should include (1) the Plaintiff's position and no more than three pages of supporting arguments as to whether this case is moot and (2) the Defendants' position and no more than three pages of supporting arguments as to whether this case is moot. Signed by Judge Sparkle L. Sooknanan on 4/30/2025. (lcas)
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April 30, 2025
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April 30, 2025
PACER
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24
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Consent MOTION for Extension of Time to File Notice in Response to the Court's April 30, 2025, Minute Order by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 05/01/2025)
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May 1, 2025
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May 1, 2025
PACER
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25
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NOTICE of Filing Response to the Court's April 30, 2025, Minute Order by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY (Valdivia, Diana) (Entered: 05/01/2025)
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May 1, 2025
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May 1, 2025
PACER
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Order on Motion for Extension of Time to File
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May 1, 2025
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May 1, 2025
PACER
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.Order AND ~Util - Set/Reset Deadlines
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May 1, 2025
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May 1, 2025
PACER
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MINUTE ORDER granting the Defendants' 24 Consent Motion for Extension. The Court ORDERS the Defendants to file a notice responding to the Court's April 30, 2025, minute order by May 2, 2025, at 12:00 AM. Signed by Judge Sparkle L. Sooknanan on 5/1/2025. (lcas)
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May 1, 2025
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May 1, 2025
PACER
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MINUTE ORDER: In light of the Defendants' 25 Notice, the Court ORDERS the Defendants to file a notice by May 2, 2025, at 12:00 PM, informing the Court of whether, at the expiration of the Court's 20 Temporary Restraining Order, and based on everything in the record, the Government's view is that the Plaintiff is presently in lawful nonimmigrant status in the United States. Signed by Judge Sparkle L. Sooknanan on 5/1/2025. (lcas)
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May 1, 2025
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May 1, 2025
PACER
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26
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NOTICE of Filing Response to the Court's May 1, 2025, Minute Order by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY (Valdivia, Diana) (Entered: 05/02/2025)
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May 2, 2025
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May 2, 2025
PACER
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27
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Joint STATUS REPORT by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A (Plaintiff's), # 2 Exhibit B (Plaintiff's))(Valdivia, Diana) (Entered: 05/02/2025)
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May 2, 2025
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May 2, 2025
PACER
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28
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TRANSCRIPT OF REMOTE PROCEEDINGS VIA VIDEOCONFERENCE, TEMPORARY RESTRAINING ORDER MOTION HEARING, before Judge Sparkle L. Sooknanan held on April 25, 2025; Page Numbers: 1-28. Date of Issuance: April 25, 2025. Court Reporter/Transcriber Sonja L. Reeves, RDR, CRR, Telephone number (202) 354-3246, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/26/2025. Redacted Transcript Deadline set for 6/5/2025. Release of Transcript Restriction set for 8/3/2025.(Reeves, Sonja) (Entered: 05/05/2025)
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May 5, 2025
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May 5, 2025
PACER
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29
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ADMINISTRATIVE RECORD by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY. (Valdivia, Diana) (Entered: 05/05/2025)
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May 5, 2025
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May 5, 2025
PACER
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30
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Memorandum in opposition to re 21 MOTION for Preliminary Injunction filed by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 05/05/2025)
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May 5, 2025
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May 5, 2025
PACER
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31
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Joint MOTION to Continue May 8, 2025 Evidentiary Hearing Until May 9, 2025 by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 05/07/2025)
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May 7, 2025
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May 7, 2025
PACER
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32
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REPLY to opposition to motion re 21 Motion for Preliminary Injunction filed by HAMIDREZA KHADEMI. (Attachments: # 1 Exhibit A - Patel Transcript, # 2 Exhibit B - DHS Website, # 3 Exhibit C - H-1B Selection Notice)(Sustic, Veronica) (Entered: 05/07/2025)
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May 7, 2025
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May 7, 2025
PACER
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.Order AND ~Util - Set/Reset Hearings
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May 7, 2025
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May 7, 2025
PACER
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MINUTE ORDER: The Court's 20 Order said there would be an evidentiary hearing on the Plaintiff's 21 Motion for Preliminary Injunction on May 8, 2025. The Court directs the Parties to appear for the hearing on May 8, 2025, at 11:00 AM in Courtroom 14 before Judge Sparkle L. Sooknanan. The Plaintiff's counsel may attend via Zoom. Signed by Judge Sparkle L. Sooknanan on 5/7/2025. (lcas)
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May 7, 2025
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May 7, 2025
PACER
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33
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NOTICE of Representations and Supplemental Authorities by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit A (Hicks Declaration), # 2 Exhibit B (Watson Declaration), # 3 Exhibit C (Young Declaration), # 4 Exhibit D (Patel Tr. Excerpts), # 5 Exhibit E (Bushireddy Tr. Excerpts))(Valdivia, Diana) (Entered: 05/08/2025)
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May 8, 2025
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May 8, 2025
PACER
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Order on Motion to Continue AND Set/Reset Hearings
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May 8, 2025
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May 8, 2025
PACER
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MINUTE ORDER granting the 31 Joint Motion to Continue. The hearing scheduled for today is VACATED. The Court directs the Parties to appear at a hearing on May 9, 2025, at 10:00 AM in Courtroom 14 before Judge Sparkle L. Sooknanan. The Plaintiff's counsel may appear via Zoom. Signed by Judge Sparkle L. Sooknanan on 5/8/2025. (lcas)
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May 8, 2025
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May 8, 2025
PACER
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34
|
NOTICE of USCIS's Longstanding Position on SEVIS and F-1 Status by HAMIDREZA KHADEMI re 21 Motion for Preliminary Injunction (Attachments: # 1 Exhibit USCIS Previous Position on SEVIS and F-1 Status)(Sustic, Veronica) (Entered: 05/09/2025)
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May 9, 2025
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May 9, 2025
PACER
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|
Evidentiary Hearing
|
May 9, 2025
|
May 9, 2025
PACER
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.Order AND ~Util - Set/Reset Deadlines
|
May 9, 2025
|
May 9, 2025
PACER
|
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Minute Entry for Evidentiary Hearing held before Judge Sparkle L. Sooknanan on 5/9/2025. Oral arguments submitted on Plaintiff's Motion 21 for Preliminary Injunction. Court takes matter under advisement. Forthcoming Order. Court Reporter: Tim Miller. (zljn)
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May 9, 2025
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May 9, 2025
PACER
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MINUTE ORDER: The Court entered a 20 Temporary Restraining Order on April 25, 2025. The Plaintiff filed a 21 Motion for Preliminary Injunction on April 28, 2025. And on May 9, 2025, the Court held a hearing on the 21 Motion for Preliminary Injunction.The night before the hearing, the Government filed a 34 Notice saying it would provide the Plaintiff "a letter regarding the retroactive effect of the SEVIS record reactivation so that Mr. Khademi can provide that letter to [USCIS] or any other government official to alert such officials to ICE's position on the retroactivity of the reactivation." ECF No. 33 at 1. At the hearing, the Court asked the Government when it would be able to produce the letter so that the Plaintiff may review it to see if it would be satisfactory. See Motions Hrg (May 9, 2025), Rough Draft Tr. at 9:9-11. The Government responded that agency counsel "have promised this letter not only to the plaintiff in this case, but to similarly situated plaintiffs" and that they are "in the process of drafting and sending those out." Id. at 9:14-10:3. It went on to say that "the time frame that the agency's working on in order to do all of the letters, which is many letters, is six weeks, but that this one is being prioritized." Id. The Court ordered the Government "to file a notice... by 10 a.m. on Monday morning letting [the Court] know what will be in that letter, because that factors into [the Court's] decision about whether to grant a preliminary injunction[.]" Id. at 10:4-24. The Court also now ORDERS the Plaintiff to file a notice by Tuesday, May 13, at 12:00 PM, providing the Court with his views on how the Government's notice impacts the irreparable harm analysis for the 21 Motion for Preliminary Injunction.Given the Government's late-breaking 34 Notice on the eve of the Preliminary Injunction hearing, and to give the Government the time it needs to provide the requested details, the Court finds good cause to extend the 20 Temporary Restraining Order to next Wednesday, May 14, 2025. See Fed. R. Civ. P. 65(b)(2). If the Government believes that it needs more time to file the requested notice, it should advise the Court on how much time it needs and whether it consents to further extending the 20 Temporary Restraining Order. Signed by Judge Sparkle L. Sooknanan on 5/9/2025. (lcas)
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May 9, 2025
|
May 9, 2025
PACER
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35
|
NOTICE in Response to the Court's May 9, 2025 Minute Order by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY (Valdivia, Diana) (Entered: 05/12/2025)
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May 12, 2025
|
May 12, 2025
PACER
|
36
|
TRANSCRIPT OF EVIDENTIARY HEARING before Judge Sparkle L. Sooknanan held on 5-9-25; Page Numbers: 1-15; Date of Issuance: 5-12-25; Court Reporter: Timothy R. Miller, Telephone Number (202) 354-3111. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/2/2025. Redacted Transcript Deadline set for 6/12/2025. Release of Transcript Restriction set for 8/10/2025.(Miller, Timothy) (Entered: 05/12/2025)
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May 12, 2025
|
May 12, 2025
PACER
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37
|
NOTICE in Response to the Court's May 9, 2025 Minute Order by HAMIDREZA KHADEMI re 21 Motion for Preliminary Injunction (Sustic, Veronica) (Entered: 05/13/2025)
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May 13, 2025
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May 13, 2025
PACER
|
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Order on Motion for Preliminary Injunction
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May 14, 2025
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May 14, 2025
PACER
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MINUTE ORDER denying the Plaintiff's 21 Motion for Preliminary Injunction. A preliminary injunction is "an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief." Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 (2008). "[I]f a party makes no showing of irreparable injury, the court may deny the motion for injunctive relief without considering the other factors." Henke v. Dep't of Interior, 842 F. Supp. 2d 54, 59 (D.D.C. 2012) (cleaned up). As the Court made clear on the record when granting the 17 Motion for Temporary Restraining Order, ECF No. 20, the Government's hasty termination of the Plaintiff's Student and Exchange Visitor Information System (SEVIS) record appears unreasoned and unlawful. The Court therefore (1) ordered the Government to return the Plaintiff's record in SEVIS to the "Active" status, and (2) ordered that the Government may not change or otherwise modify the Plaintiff's record in SEVIS based on the same information that led to the termination. The Plaintiff now requests a preliminary injunction from the Court ordering the same relief for the duration of this litigation. But the Government has made written and oral representations to the Court that make a preliminary injunction unnecessary.First, the Government submitted a written 33 Notice stating that it "views the reactivation of Mr. Khademi's record to have retroactive effect to the date of the earlier termination," and that "there is no 'gap' or 'lapse' in Mr. Khademi's SEVIS record." Notice at 1, ECF No. 33. The Court is perplexed and troubled by the Government's representation that because of "technical limitations of the SEVIS system," certain notations about retroactivity "are not viewable by end-users outside of SEVP," Decl. of James Hicks para. 4, ECF No. 33-1, but the Government has assured this Court that it will provide Mr. Khademi with "a letter regarding the retroactive effect of the SEVIS record reactivation," Notice at 1, ECF No. 33; see also Notice at 1-2, ECF No. 35. Second, the Government has represented to the Court that it "will not terminate [the Plaintiff's SEVIS record] absent new information." Khademi v. Noem, 25-cv-1206, Motions H'rg (May 9, 2025), Rough Draft Tr. at 6:23. And third, the Government has represented in a written 26 Notice that "ICE understands that Plaintiff is presently in lawful nonimmigrant status in the United States." Notice of Filing at 1, ECF No. 26.In light of these representations, the Plaintiff cannot establish irreparable harm in the absence of preliminary relief from this Court. Indeed, the Government's representations mirror the relief the Plaintiff asks this Court to order and therefore make a preliminary injunction unnecessary. Should the Government terminate Mr. Khademi's SEVIS record again in contravention of any of its written or oral representations to this Court, Mr. Khademi may seek further emergency relief, and the Court assures the Parties that it will act expeditiously.The Court ORDERS the Parties to meet and confer and to submit a proposed schedule by May 21, 2025, for further proceedings in this case. Signed by Judge Sparkle L. Sooknanan on 5/14/2025. (lcas) Modified on 5/14/2025 (zlsj).
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May 14, 2025
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May 14, 2025
PACER
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Set/Reset Deadlines
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May 16, 2025
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May 16, 2025
PACER
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Set/Reset Deadlines: Proposed Briefing Schedule due by 5/21/2025 (lsj)
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May 16, 2025
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May 16, 2025
PACER
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38
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Joint STATUS REPORT and Proposed Briefing Schedule by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY. (Valdivia, Diana) (Entered: 05/21/2025)
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May 21, 2025
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May 21, 2025
PACER
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39
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STIPULATION of Dismissal by HAMIDREZA KHADEMI. (Sustic, Veronica) (Entered: 06/28/2025)
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June 28, 2025
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June 28, 2025
PACER
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.Order
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June 28, 2025
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June 28, 2025
PACER
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MINUTE ORDER: In light of the 39 Stipulation of Dismissal, the Court dismisses this case with prejudice. The Court directs the Clerk of the Court to terminate the case from the active docket. Signed by Judge Sparkle L. Sooknanan on 6/28/2025. (lcas)
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June 28, 2025
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June 28, 2025
PACER
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