Case: Iowa Migrant Movement for Justice v. Bird

4:24-cv-00161 | U.S. District Court for the Southern District of Iowa

Filed Date: May 9, 2024

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case further). This is a case about a law in Iowa that criminalized entering Iowa after being deported or denied entry into the United States. It was brought by Iowa Migrant Movement for Justice against Iowa on May 9, 2024. 

Related Cases

United States v. State of Iowa, Southern District of Iowa (2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68514478/parties/iowa-migrant-movement-for-justice-v-bird/


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Documents in the Clearinghouse

Document
1

4:24-cv-00161

Complaint for Declaratory and Injunctive Relief

May 9, 2024

May 9, 2024

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68514478/iowa-migrant-movement-for-justice-v-bird/

Last updated Aug. 8, 2025, 8:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Filing fee paid in the amount of $ 405, receipt number AIASDC-5453114., filed by Iowa Migrant Movement for Justice, Elizabeth Roe, Jane Doe. Notice of Dismissal for lack of Service deadline set for 8/7/2024. Rule 16 Notice of Dismissal set for 8/7/2024.(Bettis Austen, Rita) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

Clearinghouse

Appear Pro Hac Vice

May 9, 2024

May 9, 2024

PACER
2

Summons Note: Counsel should download the attached summons in compliance with Rule 4 of the Rules of Civil Procedure for summons. (nla) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER
3

MOTION for Leave to Appear Pro Hac Vice Receipt Number: CIASDC-5453382 Fee paid in the amount of $100. by Jane Doe, Iowa Migrant Movement for Justice, Elizabeth Roe. (Winger, Emma) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER
4

TEXT ORDER granting 3 Motion for Leave to Appear Pro Hac Vice Emma Winger. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr on 5/9/2024. (btg) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER
5

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5453669 Fee paid in the amount of $100. by Jane Doe, Iowa Migrant Movement for Justice, Elizabeth Roe. (Lapointe, Michelle) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER
6

TEXT ORDER granting 5 Motion for Leave to Appear Pro Hac Vice Michelle Lapointe. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr on 5/9/2024. (nla) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER
7

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5453798 Fee paid in the amount of $100. by Jane Doe, Iowa Migrant Movement for Justice, Elizabeth Roe. (Mathur, Suchita) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER
8

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5453882 Fee paid in the amount of $100. by Jane Doe, Iowa Migrant Movement for Justice, Elizabeth Roe. (Melloy Goettel, Katherine) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER
9

MOTION for Preliminary Injunction by Jane Doe, Iowa Migrant Movement for Justice, Elizabeth Roe. Responses due by 5/24/2024. (Attachments: # 1 Brief in Support, # 2 Exhibit Index of Exhibits, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Winger, Emma) (Entered: 05/10/2024)

1 Brief in Support

View on RECAP

2 Exhibit Index of Exhibits

View on RECAP

3 Exhibit A

View on RECAP

4 Exhibit B

View on RECAP

5 Exhibit C

View on RECAP

6 Exhibit D

View on RECAP

7 Exhibit E

View on RECAP

8 Exhibit F

View on RECAP

May 10, 2024

May 10, 2024

RECAP

Appear Pro Hac Vice AND Appear Pro Hac Vice

May 10, 2024

May 10, 2024

PACER
10

NOTICE of Appearance by Meghan L. Gavin on behalf of Polk County Attorney (Gavin, Meghan) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER
11

WAIVER OF SERVICE Returned Executed filed by Polk County Attorney; Polk County Attorney waiver served on 5/9/2024, answer due 7/8/2024. (Gavin, Meghan) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER
12

TEXT ORDER granting 7 Motion for Leave to Appear Pro Hac Vice Suchita Mathur; granting 8 Motion for Leave to Appear Pro Hac Vice Katherine Melloy Goettel. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr on 5/10/2024. (kjw) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER
13

WAIVER OF SERVICE Returned Executed filed by Iowa Migrant Movement for Justice, Elizabeth Roe, Jane Doe; Clayton County Attorney waiver served on 5/9/2024, answer due 7/8/2024. (Story, Thomas) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER
14

WAIVER OF SERVICE Returned Executed filed by Iowa Migrant Movement for Justice, Elizabeth Roe, Jane Doe; Iowa Attorney General waiver served on 5/9/2024, answer due 7/8/2024. (Story, Thomas) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER
15

NOTICE of Appearance by Alexander Smith on behalf of American Immigration Lawyers Association (Smith, Alexander) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER
16

MOTION for Leave to File Amicus Curiae Brief by American Immigration Lawyers Association.Motions referred to Stephen B. Jackson, Jr. Responses due by 5/24/2024. (Attachments: # 1 Exhibit)(Smith, Alexander) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER
17

***FILED IN ERROR***BRIEF by American Immigration Lawyers Association In Support of Injunction. (Smith, Alexander) Modified on 5/13/2024 (btg). (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

RECAP
18

NOTICE of Appearance by Breanne Alyssa Stoltze on behalf of Brenna Bird (Stoltze, Breanne) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER
19

MOTION for Leave to File Under Pseudonym by Jane Doe, Elizabeth Roe.Motions referred to Stephen B. Jackson, Jr. Responses due by 5/24/2024. (Attachments: # 1 Brief in Support, # 2 Exhibit A, # 3 Exhibit B)(Winger, Emma) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER
20

TEXT ORDER SETTING HEARING regarding 9 Motion for Preliminary Injunction filed by Iowa Migrant Movement for Justice, Jane Doe, and Elizabeth Roe. The Court will hold a consolidated hearing to address this motion and the similar motion in Case Number 4:24-cv-00162. The Motion Hearing is set for 6/10/2024 at 09:30 AM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. At the hearing, the Court will first hear argument from the moving party in this case, followed by argument from the moving party in Case Number 4:24-cv-00162, followed by argument from the respondents. The moving parties collectively will be given forty-five minutes for argument, to be allocated as they see fit. The respondents likewise collectively will be given forty-five minutes for argument, to be allocated as they see fit. Signed by Judge Stephen H. Locher on 5/13/2024. (mm) (Entered: 05/13/2024)

May 13, 2024

May 13, 2024

PACER

Order AND ~Util - Set Hearings

May 13, 2024

May 13, 2024

PACER
21

NOTICE of Appearance by Eric H. Wessan on behalf of Brenna Bird (Wessan, Eric) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

PACER

Extension of Time to File

May 14, 2024

May 14, 2024

PACER
22

Unresisted MOTION for Extension of Time to File AND PAGES FOR STATE DEFENDANTS RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION by Brenna Bird.Motions referred to Stephen B. Jackson, Jr. Responses due by 5/28/2024. (Wessan, Eric) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

PACER
23

NOTICE of Appearance by Nicholas Davis on behalf of Brenna Bird (Davis, Nicholas) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

PACER
24

NOTICE of Appearance by Patrick Cannon Valencia on behalf of Brenna Bird (Valencia, Patrick) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

PACER
25

TEXT ORDER granting 22 Motion for Extension of Time and Pages for State Defendant's Response in Opposition to Plaintiffs' Motion for a Preliminary Injunction. State Defendant has until May 31, 2024 to respond to Plaintiffs' Motion for Preliminary Injunction 9 and is granted leave to file a brief up to 25 pages in length. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 5/14/2024. (jeb) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

PACER
26

Joint MOTION to Stay County Attorney Defendants' Deadlines by Jane Doe, Iowa Migrant Movement for Justice, Elizabeth Roe.Motions referred to Stephen B. Jackson, Jr. Responses due by 5/29/2024. (Winger, Emma) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

RECAP
27

MOTION for Leave to Appear Pro Hac Vice by Jane Doe, Iowa Migrant Movement for Justice, Elizabeth Roe. (Borroto, Gianna) Modified on 5/17/2024 - Receipt #27241 for $100.00 (nla). (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

PACER
28

TEXT ORDER granting 27 Motion for Leave to Appear Pro Hac Vice Gianna Borroto. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr on 5/17/2024. (nla) (Entered: 05/17/2024)

May 17, 2024

May 17, 2024

PACER

Appear Pro Hac Vice

May 17, 2024

May 17, 2024

PACER

Leave to File

May 17, 2024

May 17, 2024

PACER
29

TEXT ORDER granting 16 Motion of American Immigration Lawyers Association (AILA) for Leave to File Brief as Amici Curiae. The Clerk of Court is directed to detach and docket the brief attached to the motion. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 5/17/2024. (jeb) (Entered: 05/17/2024)

May 17, 2024

May 17, 2024

PACER
30

Withdrawal of Attorney by Katherine Melloy Goettel. (Melloy Goettel, Katherine) (Entered: 05/17/2024)

May 17, 2024

May 17, 2024

PACER
31

AMICUS BRIEF by American Immigration Lawyers Association. (nla) (Entered: 05/20/2024)

May 20, 2024

May 20, 2024

RECAP
32

RESPONSE to Motion re 19 MOTION for Leave to File Under Pseudonym filed by Brenna Bird. Replies due by 5/28/2024.(Valencia, Patrick) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
33

TEXT ORDER granting 26 Joint Motion of Plaintiffs and Defendant County Attorneys for Stay. All deadlines for the Defendant County Attorneys are stayed until further order of the court. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 5/23/2024. (jeb) (Entered: 05/23/2024)

May 23, 2024

May 23, 2024

PACER

Stay

May 23, 2024

May 23, 2024

PACER
35

REPLY re 19 MOTION for Leave to File Under Pseudonym filed by Jane Doe, Elizabeth Roe.(Winger, Emma) (Entered: 05/28/2024)

May 28, 2024

May 28, 2024

PACER
36

RESPONSE to Motion re 9 MOTION for Preliminary Injunction filed by Brenna Bird. Replies due by 6/7/2024.(Stoltze, Breanne) (Entered: 05/31/2024)

May 31, 2024

May 31, 2024

RECAP
37

ORDER granting in part 19 Plaintiffs' Motion to Proceed Under Pseudonym. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 6/6/2024. (jeb) (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

RECAP
38

Unresisted MOTION for Leave to File Brief as Amicus Curiae by Immigration Reform Law Institute.Motions referred to Stephen B. Jackson, Jr. Responses due by 6/20/2024. (Attachments: # 1 Brief in Support)(Boal, Michael) (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

PACER
39

MOTION for Leave to Appear Pro Hac Vice by Immigration Reform Law Institute. (Boal, Michael) (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

RECAP
40

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5474964 Fee paid in the amount of $100. by Immigration Reform Law Institute. (Boal, Michael) (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

RECAP
41

Unresisted MOTION to file overlength brief by Jane Doe, Iowa Migrant Movement for Justice, Elizabeth Roe.Motions referred to Stephen B. Jackson, Jr. Responses due by 6/20/2024. (Attachments: # 1 Exhibit Reply Brief)(Winger, Emma) (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

PACER
42

TEXT ORDER granting 38 Immigration Reform Law Institute's Motion for Leave to File a Brief as Amicus Curiae. The Clerk of Court is directed to detach and docket the brief attached to the motion. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 6/7/2024. (jeb) (Entered: 06/07/2024)

June 7, 2024

June 7, 2024

PACER

File Overlength Brief

June 7, 2024

June 7, 2024

PACER

Leave to File

June 7, 2024

June 7, 2024

PACER
43

TEXT ORDER granting 41 Plaintiffs' Unresisted Motion for Leave to File Overlength Reply Brief in Support of a Preliminary Injunction. Pursuant to Local Rule 7(h), the Clerk of Court is directed to detach and docket the brief attached to the motion. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 6/7/2024. (jeb) (Entered: 06/07/2024)

June 7, 2024

June 7, 2024

PACER
44

AMICUS BRIEF by Immigration Reform Law Institute. (nla) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

PACER

Appear Pro Hac Vice

June 10, 2024

June 10, 2024

PACER
45

REPLY BRIEF by Jane Doe, Iowa Migrant Movement for Justice, Elizabeth Roe re 9 MOTION for Preliminary Injunction . (nla) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

RECAP
46

Minute Entry for proceedings held before Judge Stephen H. Locher: Preliminary Injunction Hearing held on 6/10/2024. (Court Reporter Tonya Gerke.) (mm) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

RECAP
47

TEXT ORDER granting 39 Motion for Leave to Appear Pro Hac Vice Matt A. Crapo. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr on 6/10/2024. (nla) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

PACER
48

TEXT ORDER granting 40 Motion for Leave to Appear Pro Hac Vice Christopher J. Hajec. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr on 6/11/2024. (nla) (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

PACER

Appear Pro Hac Vice

June 11, 2024

June 11, 2024

PACER
49

TRANSCRIPT of Proceedings re 46 Evidentiary Hearing held on 06/10/2024 before Judge Stephen H. Locher. Court Reporter: Tonya R. Gerke, Telephone Number: (515)284-6444. Page Nos.: 1-61. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER. Redaction Request due 7/8/2024. Redacted Transcript Deadline set for 7/18/2024. Release of Transcript Restriction set for 9/13/2024. (trg) (Entered: 06/12/2024)

June 12, 2024

June 12, 2024

PACER
50

NOTICE of Appearance by Julie Jean Bussanmas on behalf of Kimberly Graham (Bussanmas, Julie) (Entered: 06/13/2024)

June 13, 2024

June 13, 2024

PACER
51

ORDER Granting 9 Motion for Preliminary Injunction. Defendants are hereby ENJOINED from enforcing Senate File 2340 pending further proceedings. See Order for particulars. Signed by Judge Stephen H. Locher on 6/17/2024. (mm) (Entered: 06/17/2024)

June 17, 2024

June 17, 2024

RECAP
52

NOTICE OF APPEAL by Brenna Bird. Fee paid in the amount of $605 receipt number AIASDC-5484593. (Attachments: # 1 Supplement)(Valencia, Patrick) (Entered: 06/19/2024)

June 19, 2024

June 19, 2024

PACER
53

NOTIFICATION OF APPEAL and NOA Supplement by District Court Clerk to USCA re 52 Notice of Appeal filed on 6/19/2024. (vr) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

RECAP
54

USCA Case Number 24-2263 for 52 Notice of Appeal filed by Brenna Bird. (vr) (Entered: 06/21/2024)

June 21, 2024

June 21, 2024

PACER
55

USCA Scheduling Order as to 52 Notice of Appeal filed by Brenna Bird. (vr) (Entered: 06/21/2024)

June 21, 2024

June 21, 2024

PACER
56

Appeal Remark re 52 Notice of Appeal : new caption in case. (Attachments: # 1 New Case Caption) (vr) (Entered: 06/27/2024)

June 27, 2024

June 27, 2024

PACER
57

ORDER of USCA as to 52 Notice of Appeal filed by Brenna Bird. (vr) (Entered: 07/08/2024)

July 8, 2024

July 8, 2024

RECAP
58

Documents Sent re 52 Notice of Appeal : Transcript of Evidentiary Hearing sent to the 8th CCA. (vr) (Entered: 07/10/2024)

July 10, 2024

July 10, 2024

PACER
59

Withdrawal of Attorney by Gianna Borroto. (Borroto, Gianna) (Entered: 07/10/2024)

July 10, 2024

July 10, 2024

PACER
60

Joint MOTION to Stay DISTRICT COURT PROCEEDINGS PENDING APPEAL by Brenna Bird.Motions referred to Stephen B. Jackson, Jr. Responses due by 9/11/2024. (Valencia, Patrick) (Entered: 08/28/2024)

Aug. 28, 2024

Aug. 28, 2024

PACER
61

TEXT ORDER granting 60 Joint Motion to Stay District Court Proceedings Pending Appeal. The proceedings in this case are stayed pending the appeal to the United States Court of Appeals for the Eighth Circuit. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 8/29/2024. (jeb) (Entered: 08/29/2024)

Aug. 29, 2024

Aug. 29, 2024

PACER

Stay

Aug. 29, 2024

Aug. 29, 2024

PACER
62

OPINION/JUDGMENT of USCA advising the district courts grant of appellees motion for a preliminary injunction is vacated, and the case is remanded to the district court with instructions to dismiss Case. No. 4:24-cv-000161 as to 52 Notice of Appeal filed by Brenna Bird. Mandate to issue in 14 days. (Attachments: # 1 Order, # 2 Judgment) (vr) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

PACER
63

Withdrawal of Attorney by Nicholas Davis. (Davis, Nicholas) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
64

ORDER of USCA advising Appellees petition for rehearing by the panel has been considered by the Court and is granted. Appellees motion to stay the mandate and motion to amend petition for rehearing are denied as moot. The judgment and order of this Court filed on January 24, 2025 are vacated. as to 52 Notice of Appeal filed by Brenna Bird. (vr) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
65

Errata re 63 Notice of Attorney of Withdrawal filed by Brenna Bird. (Davis, Nicholas) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
66

ORDER of USCA: Appellant's supplemental brief is due 6/23/2025 as to 52 Notice of Appeal filed by Brenna Bird. (nla) (Entered: 05/19/2025)

May 19, 2025

May 19, 2025

RECAP

Case Details

State / Territory: Iowa

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 9, 2024

Case Ongoing: Yes