Case: V.M.L. v. Harper

1:25-cv-00550 | U.S. District Court for the Western District of Louisiana

Filed Date: April 24, 2025

Closed Date: May 8, 2025

Clearinghouse coding complete

Case Summary

This is a case about the alleged unlawful detention and deportation of a U.S. citizen child without due process. On April 24, 2025, a petition for a writ of habeas corpus was filed in the United States District Court for the Western District of Louisiana on behalf of a two-year-old natural-born U.S. citizen, identified as V.M.L. The petitioner sued the U.S. Department of Homeland Security and its Secretary, and U.S. Immigration and Customs Enforcement and its Acting Director. Judge Terry A. Dou…

This is a case about the alleged unlawful detention and deportation of a U.S. citizen child without due process. On April 24, 2025, a petition for a writ of habeas corpus was filed in the United States District Court for the Western District of Louisiana on behalf of a two-year-old natural-born U.S. citizen, identified as V.M.L. The petitioner sued the U.S. Department of Homeland Security and its Secretary, and U.S. Immigration and Customs Enforcement and its Acting Director. Judge Terry A. Doughty was assigned to the case.

The petition, brought by a next friend, challenged the government’s decision to detain and deport the child to Honduras following an ICE check-in. Although V.M.L. was a U.S. citizen, she was detained alongside her noncitizen mother and sister during an immigration enforcement action and was deported as part of the family unit. The petition alleged that the government failed to provide any process allowing V.M.L. to assert or prove her citizenship before her deportation. It further alleged that the government’s detention was ultra vires, exceeding legal authority, and that the detention and removal violated protections under the Fourth Amendment against unlawful seizure. The petitioner argued that these failures violated V.M.L.’s constitutional rights under the Fifth Amendment’s Due Process Clause, emphasizing that no meaningful opportunity was given to establish her citizenship status or to challenge the removal decision. They further contended that the government’s actions undermined birthright citizenship protections and amounted to an arbitrary and unlawful deprivation of liberty. The petition also invoked the All Writs Act and the Suspension Clause to preserve the court’s jurisdiction and prevent the mooting of constitutional claims.

Represented by private counsel, the petitioner filed an emergency motion for a temporary restraining order on April 24, 2025, seeking to halt V.M.L.’s removal while the court considered the legality of her detention and deportation. The motion argued that immediate relief was necessary to prevent irreparable harm and to protect V.M.L.’s due process rights, including the opportunity to establish her U.S. citizenship. The petitioner requested her release from custody, a declaratory judgment that the detention and removal were unlawful, and an injunction barring any further removal efforts without due process.

However, on April 25, the government notified the court that V.M.L. and her mother had already been released in Honduras, rendering communication with them impossible. The government stated that V.M.L.’s mother had expressed a desire to take her child to Honduras, citing a handwritten note as evidence of this intent. The response effectively indicated that the government had completed the removal before the court could rule on the emergency motion for a temporary restraining order.

On April 25, 2025, Judge Doughty issued a memorandum order addressing the emergency petition. 2025 WL 1202548. The order acknowledged the serious due process concerns raised by the petition and scheduled a hearing for May 16, 2025, to determine whether the government had unlawfully deported a U.S. citizen without providing a meaningful opportunity to challenge her removal. Despite the scheduled hearing, on May 8, 2025, the parties filed a joint stipulation of dismissal, and the case was closed without a ruling on the merits.

Summary Authors

Victoria Tan (7/2/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69940863/parties/v-m-l-v-harper/


Judge(s)

Doughty, Terry Alvin (Louisiana)

Attorney for Plaintiff
Attorney for Defendant

Do, Bichngoc T (Louisiana)

Duong, Alanna Thanh (Louisiana)

King, Karen J (Louisiana)

McCarter, Joseph (Louisiana)

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Documents in the Clearinghouse

Document
1

1:25-cv-00550

Petition for Writ of Habeas Corpus

Mack v. Harper

April 24, 2025

April 24, 2025

Complaint
2

1:25-cv-00550

Petitioners' Emergency Motion for a Temporary Restraining Order

April 24, 2025

April 24, 2025

Pleading / Motion / Brief
8

1:25-cv-00550

Memorandum Order

April 25, 2025

April 25, 2025

Order/Opinion

2025 WL 1202548

10

1:25-cv-00550

Order

April 29, 2025

April 29, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69940863/v-m-l-v-harper/

Last updated July 7, 2025, 12:40 p.m.

ECF Number Description Date Link Date / Link

Case Assigned/Reassigned

April 24, 2025

April 24, 2025

PACER

Motions Transferred

April 24, 2025

April 24, 2025

PACER
1

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number ALAWDC-6254044) filed by V M L, Trish Mack. (Attachments: # 1 Exhibit Birth Certificate, # 2 Exhibit Correspondence with Respondent Harper, # 3 Exhibit Provisional Custody by Mandate, # 4 Affidavit Affidavit of Next Friend, # 5 Civil cover sheet)(Attorney Matthew Scott Vogel added to party V M L (pty:pet), Attorney Matthew Scott Vogel added to party Trish Mack(pty:pet))(aty,Vogel, Matthew) Modified to edit text on 4/25/2025 (Devillier, W). (Entered: 04/24/2025)

1 Exhibit Birth Certificate

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2 Exhibit Correspondence with Respondent Harper

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3 Exhibit Provisional Custody by Mandate

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4 Affidavit Affidavit of Next Friend

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5 Civil cover sheet

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April 24, 2025

April 24, 2025

Clearinghouse

CASE Assigned to Judge Terry A Doughty and Magistrate Judge Joseph H L Perez-Montes. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Devillier, W)

April 24, 2025

April 24, 2025

PACER
2

Emergency MOTION for Temporary Restraining Order by V M L, Trish Mack. Motion Ripe Deadline set for 4/24/2025. (Attachments: # 1 Memorandum / Brief In Support of Emergency TRO, # 2 Proposed order)(aty,Vogel, Matthew) Modified to edit text on 4/25/2025 (Devillier, W). (Entered: 04/24/2025)

1 Memorandum / Brief In Support of Emergency TRO

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2 Proposed order

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April 24, 2025

April 24, 2025

Clearinghouse

Motions Transferred regarding 2 Emergency MOTION for Temporary Restraining Order . Motions referred to Judge Terry A Doughty. (crt,Devillier, W)

April 24, 2025

April 24, 2025

PACER
3

NOTICE of Appearance by Joseph McCarter on behalf of Mellissa B Harper, Kenneth Genalo, Todd Lyons, Kristi Noem, Pamela Bondi (Attorney Joseph McCarter added to party Mellissa B Harper(pty:dft), Attorney Joseph McCarter added to party Kenneth Genalo(pty:dft), Attorney Joseph McCarter added to party Todd Lyons(pty:dft), Attorney Joseph McCarter added to party Kristi Noem(pty:dft), Attorney Joseph McCarter added to party Pamela Bondi(pty:dft)) (aty,McCarter, Joseph) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

RECAP

Case Assigned/Reassigned

April 25, 2025

April 25, 2025

PACER

Motions Transferred

April 25, 2025

April 25, 2025

PACER
4

NOTICE of Appearance by Bichngoc T Do on behalf of Mellissa B Harper, Kenneth Genalo, Todd Lyons, Kristi Noem, Pamela Bondi (Attorney Bichngoc T Do added to party Mellissa B Harper(pty:dft), Attorney Bichngoc T Do added to party Kenneth Genalo(pty:dft), Attorney Bichngoc T Do added to party Todd Lyons(pty:dft), Attorney Bichngoc T Do added to party Kristi Noem(pty:dft), Attorney Bichngoc T Do added to party Pamela Bondi(pty:dft)) (aty,Do, Bichngoc) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
5

REPLY to Response to Motion re 2 Emergency MOTION for Temporary Restraining Order filed by V M L, Trish Mack. (Attachments: # 1 Memorandum / Brief Ex. 1 Gov't Opposition)(aty,Vogel, Matthew) (Entered: 04/25/2025)

1 Memorandum / Brief Ex. 1 Gov't Opposition

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April 25, 2025

April 25, 2025

RECAP
6

RESPONSE to Motion re 2 Emergency MOTION for Temporary Restraining Order filed by Mellissa B Harper, Kenneth Genalo, Todd Lyons, Kristi Noem, Pamela Bondi. (Attachments: # 1 Exhibit A -- Handwritten Letter of Jenny Lopez Villela, # 2 Exhibit B -- Declaration of Mellissa Harper, # 3 Certificate of Service)(aty,McCarter, Joseph) (Entered: 04/25/2025)

1 Exhibit A -- Handwritten Letter of Jenny Lopez Villela

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2 Exhibit B -- Declaration of Mellissa Harper

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3 Certificate of Service

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April 25, 2025

April 25, 2025

RECAP
7

SUMMONS ISSUED as to U S Attorney, U S Attorney General, Mellissa B Harper, Kenneth Genalo, Todd Lyons, Kristi Noem, Pamela Bondi. (crt,Devillier, W) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

RECAP
8

ORDER re 2 Emergency MOTION for Temporary Restraining Order filed by Trish Mack, V M L. Hearing set for 5/16/2025 at 9:00 AM in Monroe, Courtroom 1 before Judge Terry A Doughty. Signed by Judge Terry A Doughty on 4/25/2025. (crt,Crawford, A) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

Clearinghouse
9

ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 4/26/2025. (crt,Tice, Y) (Entered: 04/26/2025)

April 26, 2025

April 26, 2025

PACER

Jurisdictional Review Finding

April 26, 2025

April 26, 2025

PACER
10

ORDER re evidence to be presented at 5/16/25 hearing. Signed by Judge Terry A Doughty on 4/29/2025. (crt,Crawford, A) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

Clearinghouse
11

MOTION for Gracie H. Willis to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-6257646) by V M L, Trish Mack. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 4/29/2025. (Attachments: # 1 Certificate of good standing)(aty,Vogel, Matthew) Modified reflect proposed order included within pdf of main document on 5/1/2025 (Devillier, W). (Entered: 04/29/2025)

1 Certificate of good standing

View on PACER

April 29, 2025

April 29, 2025

PACER
12

MOTION to Substitute Attorney Karen J. King and Alanna T. Duong in place of Joesph McCarter and Bichngoc T. Do by All Defendants. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 5/1/2025. (Attachments: # 1 Proposed order)(Attorney Karen J King added to party Mellissa B Harper(pty:dft), Attorney Karen J King added to party Kenneth Genalo(pty:dft), Attorney Karen J King added to party Todd Lyons(pty:dft), Attorney Karen J King added to party Kristi Noem(pty:dft), Attorney Karen J King added to party Pamela Bondi(pty:dft))(aty,King, Karen) (Entered: 05/01/2025)

1 Proposed order

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May 1, 2025

May 1, 2025

RECAP
14

ORDER granting 11 Motion to Appear Pro Hac Vice for appearance of Gracie H Willis for Trish Mack. Signed by Magistrate Judge Joseph H L Perez-Montes on 5/1/2025. (crt,Devillier, W) (Entered: 05/05/2025)

May 1, 2025

May 1, 2025

PACER
13

ELECTRONIC MINUTE ENTRY: Witness and Exhibit lists for the 5/16/25 hearing shall be filed by 5/9/25. Signed by Judge Terry A Doughty on 5/2/2025. (crt,Crawford, A) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

RECAP
15

Unopposed MOTION Limit Electronic Access Under Fed. R. Civ. P 5.2(c) by V M L, Trish Mack. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 5/7/2025. (Attachments: # 1 Proposed order)(Attorney Gracie H Willis added to party V M L(pty:pla))(aty,Willis, Gracie) (Entered: 05/07/2025)

1 Proposed order

View on RECAP

May 7, 2025

May 7, 2025

RECAP

Motions Transferred

May 7, 2025

May 7, 2025

PACER

Order on Sealed Motion

May 7, 2025

May 7, 2025

PACER

Order on Motion to Substitute Attorney

May 7, 2025

May 7, 2025

PACER

Motions Transferred regarding 15 Unopposed MOTION Limit Electronic Access Under Fed. R. Civ. P 5.2(c) . Motions referred to Judge Terry A Doughty. (crt,Haik, K)

May 7, 2025

May 7, 2025

PACER
16

Unopposed MOTION to Seal Attached Document by V M L, Trish Mack. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 5/7/2025. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order, # 3 Proposed pleading, # 4 Proposed exhibit, # 5 Proposed order)(aty,Willis, Gracie) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

PACER
17

ORDER granting 15 Motion Limit Electronic Access. Signed by Judge Terry A Doughty on 5/7/2025. (crt,Crawford, A) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

RECAP
18

ORDER granting 16 Motion to Seal Attached Document ; granting 19 Motion to Correct. Signed by Judge Terry A Doughty on 5/7/2025. (crt,Crawford, A) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

RECAP
19

SEALED MOTION to Correct by V M L, Trish Mack. Motions referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 5/7/2025. (Attachments: # 1 Exhibit, # 2 Proposed order)(crt,Crawford, A) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

PACER
20

ELECTRONIC ORDER granting 19 Sealed Motion to Correct. See 18 Order. Signed by Judge Terry A Doughty on 5/7/2025. (crt,Crawford, A) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

PACER
21

ELECTRONIC ORDER granting 12 Motion to Substitute Attorneys. Added attorneys Karen King and Alanna Thanh Duong for Pamela Bondi, Kenneth Genalo, Mellissa B Harper, Todd Lyons,and Kristi Noem. Attorney Bichngoc T Do and Joseph McCarter terminated. Signed by Judge Terry A Doughty on 5/7/2025. (crt,Crawford, A) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

PACER
22

JOINT STIPULATION of Dismissal by V M L, Trish Mack, Kristi Noem, Todd Lyons, Melissa B Harper, Kenneth Genalo, Pamela Bondi . (aty,Vogel, Matthew) Modified on 5/8/2025 to add filers. (Crick, S). (Entered: 05/08/2025)

May 8, 2025

May 8, 2025

PACER

Case Details