Case: Iowa Migrant Movement for Justice v. Bird

United States of America v. State of Iowa

U.S. Court of Appeals for the Eighth Circuit

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)

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)

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)

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)

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)

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)

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)

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)

Appear Pro Hac Vice

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

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2 Exhibit Index of Exhibits

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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

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)

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)

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)

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)

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

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)

***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)

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

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)

Appear Pro Hac Vice AND Appear Pro Hac Vice

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)

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

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)

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

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

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)

Extension of Time to File

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)

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)

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)

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)

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

Appear Pro Hac Vice

Leave to File

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

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)

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)

Stay

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

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)

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)

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)

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

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)

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)

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)

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)

File Overlength Brief

Leave to File

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

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

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)

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)

Appear Pro Hac Vice

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)

Appear Pro Hac Vice

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)

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

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)

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)

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)

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

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

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

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

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

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

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)

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)

Stay

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)

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

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)

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

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)

OPINION/JUDGMENT of USCA advising the district courts order granting a preliminary injunction is affirmed, except as modified consistent with the opinion of the 8th CCA as to 52 Notice of Appeal filed by Brenna Bird. Mandate to issue in 14 days. (Attachments: # 1 Opinion, # 2 Judgment) (vr) (Entered: 10/28/2025)

1 Opinion

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2 Judgment

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ORDER of USCA advising the petition for rehearing en banc and for panel rehearing is denied as to 52 Notice of Appeal filed by Brenna Bird. (nla) (Entered: 02/05/2026)

MANDATE of USCA as to 52 Notice of Appeal - Final Judgment filed by Brenna Bird (vr) (Entered: 02/18/2026)

TEXT ORDER SETTING STATUS CONFERENCE: A Status Conference will be held by video on April 22, 2026 at 10:30 a.m. before Chief Magistrate Judge Stephen B. Jackson, Jr. A link to join the video conference will be emailed to counsel. Recording or broadcasting of the video conference is prohibited. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 4/14/2026. (jeb) (Entered: 04/14/2026)

Order (Seal Entry Optional) AND ~Util - Set Hearings

NOTICE of Appearance by Mariclare Thinnes-Culver on behalf of Kimberly Graham (Thinnes-Culver, Mariclare) (Entered: 04/15/2026)

Joint MOTION to Stay DISTRICT COURT PROCEEDINGS PENDING DISPOSITION OF DEFENDANTS PETITION FOR WRIT OF CERTIORARI by Brenna Bird.Motions referred to Stephen B. Jackson, Jr. Responses due by 5/5/2026. (Wessan, Eric) (Entered: 04/21/2026)

TEXT ORDER granting 72 Joint Motion to Stay District Court Proceedings Pending Disposition of Defendant's Petition for Writ of Certiorari. The case is stayed pending the resolution of Defendant's forthcoming petition for writ of certiorari. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 4/21/2026. (jeb) (Entered: 04/21/2026)

TEXT ORDER CANCELLING STATUS CONFERENCE: Given the granting of a stay as requested by the parties, the status conference set for April 22, 2026 is cancelled. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 4/21/2026. (jeb) (Entered: 04/21/2026)

TEXT ORDER FOR STATUS REPORT: The parties shall file a joint status report by July 6, 2026. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 4/21/2026. (jeb) (Entered: 04/21/2026)

Stay

Status Report Order

1 - Terminate Hearings AND Order (Seal Entry Optional)

STATUS REPORT by Brenna Bird, Kimberly Graham, Zach Herrmann. (Wessan, Eric) (Entered: 07/06/2026)

Status Report Order

Notice of Supreme Court Filing