Case: Patel v. Lyons

COMPLAINT against TODD M. LYONS, ACTING DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 405 receipt number ADCDC-11608701) filed by AKSHAR PATEL. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Proposed Summons)(Banias, Bradley) (Entered: 04/11/2025)

MOTION for Temporary Restraining Order by AKSHAR PATEL. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Declaration Banias Declaration, # 3 Declaration Patel Declaration, # 4 Exhibit A: Motion to Dismiss, # 5 Exhibit B: Patel Sevis termination)(Banias, Bradley) (Entered: 04/11/2025)

SUMMONS (3) Issued Electronically as to TODD M. LYONS, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 04/11/2025)

NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of All Defendants (Carilli, Joseph) (Entered: 04/11/2025)

Case Assigned/Reassigned

Case Assigned to Judge Ana C. Reyes. (zmtm)

Notice of Hearing on Motion

NOTICE of Hearing on Motion 2 for Temporary Restraining Order: Motion Hearing set for 4/16/2025 at 10:30 AM via videoconference before Judge Ana C. Reyes. (zcdw)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER. The Court ORDERS the parties to meet and confer and file a joint status report on or before Tuesday, April 15 at 6:00 PM EST. The joint status report should address whether the parties are able to resolve this matter without intervention from the Court. Signed by Judge Ana C. Reyes on 04/14/2025. (lcacr2)

NOTICE of Appearance by Steven A. Brown on behalf of AKSHAR PATEL (Brown, Steven) (Entered: 04/15/2025)

Joint STATUS REPORT by TODD M. LYONS. (Carilli, Joseph) (Entered: 04/15/2025)

Memorandum in opposition to re 2 Motion for TRO, filed by TODD M. LYONS. (Attachments: # 1 Exhibit A)(Carilli, Joseph) (Entered: 04/15/2025)

Joint STATUS REPORT by TODD M. LYONS. (Carilli, Joseph) (Entered: 04/15/2025)

.Order AND ~Util - Set/Reset Deadlines

.Order

MINUTE ORDER. The Court ORDERS the parties to file a further joint status report before 9:00 PM EST tonight addressing (1) when and where they met-and-conferred, (2) the length of the meeting, (3) who participated in the discussion, and (4) what explanation, if any, the Government gave for terminating Plaintiff's SEVIS record and F-1 status. Signed by Judge Ana C. Reyes on 04/15/2025. (lcacr2)

MINUTE ORDER. The Court ORDERS the Government to file a status report, by 10:00 AM EST on Wednesday, April 16, addressing how an arrest for a charge that was subsequently dismissed constitutes a legal basis for terminating Plaintiff's SEVIS record and F-1 status. The Government must provide statutory language and/or relevant case law supporting its position. Signed by Judge Ana C. Reyes on 04/15/2025. (lcacr2)

MINUTE ORDER. The parties' second joint status report, Dkt. 8, indicates to the Court that the parties have not met and conferred, since they appear to have only exchanged emails and, moreover, ICE "has not responded" to Plaintiff's "proposed various solutions short of a temporary restraining order." Id. at 2.The Court ORDERS the parties to meet and confer tomorrow at 9:00 AM to discuss a possible resolution to this case. The discussion must be on video, not over email, and must be done in good faith. During the meet and confer, ICE must: (1) answer whether in fact it has or has not terminated Plaintiff's F-1 status; (2) answer whether the termination of Plaintiff's SEVIS record has any impact on his F-1 status; and (3) respond to Plaintiff's proposed resolutions to the matter.If the parties are not able to resolve this matter, the Court will inquire as to the points above at the 10:30 AM hearing. The Court will also inquire as to the length of the meet and confer and who attended on behalf of each party. Signed by Judge Ana C. Reyes on 04/15/2025. (lcacr2)

STATUS REPORT by TODD M. LYONS. (Carilli, Joseph) (Entered: 04/16/2025)

NOTICE OF SUPPLEMENTAL AUTHORITY by AKSHAR PATEL (Attachments: # 1 Exhibit A)(Brown, Steven) (Entered: 04/16/2025)

.Order

Evidentiary Hearing AND ~Util - Set/Reset Deadlines/Hearings

Minute Entry for proceedings held before Judge Ana C. Reyes: Evidentiary Hearing held on 4/16/2025 re 2 Motion for Temporary Restraining Order. Plaintiff directed to submit additional briefing by 4/21/2025. Defendant's response to be filed 4/29/2025. Preliminary Injunction Hearing set for 4/29/2025 at 10:00 AM in Courtroom 12 before Judge Ana C. Reyes (Court Reporter: Christine Asif) (zcdw)

Minute Entry for proceedings held before Judge Ana C. Reyes: Evidentiary Hearing held on 4/16/2025 re 2 Motion for Temporary Restraining Order. Plaintiff directed to submit additional briefing by 4/21/2025. Defendant's response to be filed 4/29/2025. Preliminary Injunction Hearing set for 4/29/2025 at 10:00 AM in Courtroom 12 (hybrid hearing) before Judge Ana C. Reyes (Court Reporter: Christine Asif) (zcdw)

MINUTE ORDER. For the reasons stated on the record at today's motions hearing, the Court will grant Plaintiff's 2 Motion for Temporary Restraining Order. The Court ORDERS the parties to submit, by 10:00 AM tomorrow, proposed language for the temporary restraining order that aligns with this afternoon's discussion. The Court further ORDERS Defendant to take all steps to reinstate Plaintiff's SEVIS record as soon as possible. Defendant shall not wait for the Court's written order and must act expeditiously to restore Plaintiff's status. The Court will hold a hearing on Plaintiff's forthcoming Motion for Preliminary Injunction on Tuesday, April 29 at 10:00 AM. Defendant's counsel must appear in person; Plaintiff's counsel may appear in person or by video. Defendant's declarant, Mr. Watson, shall be prepared to testify in person, as well as any other Government declarant.Signed by Judge Ana C. Reyes on 04/16/2025. (lcacr2)

ORDER granting Plaintiff's 2 Application for Temporary Restraining Order. See Order for details. Signed by Judge Ana C. Reyes on 04/17/2025. (lcacr2) (Entered: 04/17/2025)

MOTION for Preliminary Injunction RENEWED by AKSHAR PATEL. (Attachments: # 1 Appendix)(Banias, Bradley). Added MOTION for Summary Judgment on 4/22/2025 (znmw). (Entered: 04/21/2025)

NOTICE of Supplemental Exhibits by AKSHAR PATEL re 12 Motion for Preliminary Injunction, Motion for Summary Judgment (Attachments: # 1 Exhibit A: Bushireddy Transcript, # 2 Exhibit B: Visas)(Banias, Bradley) (Entered: 04/22/2025)

.Order

MINUTE ORDER. The Court ORDERS that the Government be prepared to answer the following questions at the April 29, 2025 Motions Hearing:1. In the Government's view, is Plaintiff currently lawfully present in the United States?2. If not, why not?3. Is Plaintiff currently subject to immediate detention or removal from the United States?4. What criteria, if any, did the Government use to identify students for SEVIS termination?5. What specific event, if any, triggered the termination of Plaintiff's SEVIS record?6. Has the Government identified any errors in any of its recent SEVIS termination actions?7. What is the Government's purpose in changing a student's SEVIS record from "active" to "terminated"?8. If the Plaintiff's SEVIS record is changed to "terminated," will he be able to attend classes and obtain employment?9. What is the status of the State Department's "quality control measure" that Mr. Andre Watson testified to at the April 16, 2025 Motions Hearing?10. What are the findings of the quality control work?11. Has the Government quality controlled Plaintiff's record?The Government is also ORDERED to produce to Plaintiff and the Court in advance of the April 29, 2025 Motions Hearing all communications between the State Department and U.S. Immigration and Customs Enforcement (ICE) concerning Plaintiff since January 1, 2025. This includes, but is not limited to, the communication Mr. Watson testified ICE received from the State Department that led to Plaintiff's SEVIS termination. Signed by Judge Ana C. Reyes on 04/24/2025. (lcacr2)

NOTICE OF SUPPLEMENTAL AUTHORITY by AKSHAR PATEL (Attachments: # 1 Exhibit A Badam Transcript, # 2 Exhibit B Watson Transcript from Mashatti)(Brown, Steven) (Entered: 04/25/2025)

.Order

MINUTE ORDER. Pursuant to Local Civil Rule 7(n)(1), the Court ORDERS the Government to file the administrative record in this case along with its Opposition to Plaintiff's 12 Motion for Preliminary Injunction. See Am. Bioscience, Inc. v. Thompson, 243 F.3d 579, 582 (D.C. Cir. 2001). Signed by Judge Ana C. Reyes on 04/25/2025. (lcacr2)

NOTICE OF SUBSTITUTION OF COUNSEL by Johnny Hillary Walker, III on behalf of All Defendants Substituting for attorney Joseph F. Carilli, Jr. (Walker, Johnny) (Entered: 04/27/2025)

Memorandum in opposition to re 12 MOTION for Preliminary Injunction RENEWED MOTION for Summary Judgment filed by TODD M. LYONS. (Attachments: # 1 Exhibit A: SEVIS Notice: Policy Regarding Termination of Records (Apr. 26, 2025))(Walker, Johnny) (Entered: 04/28/2025)

ADMINISTRATIVE RECORD by TODD M. LYONS. (Walker, Johnny) (Entered: 04/28/2025)

.Order

MINUTE ORDER. Unless otherwise ordered by the Court, Defendant's obligations pursuant to prior Court orders for the April 29, 2025 Motions Hearing remain. Signed by Judge Ana C. Reyes on 04/28/2025. (lcacr2)

MINUTE ORDER. For the April 29, 2025 Motions Hearing, interested parties may access the Court's dial-in line. The Public Access telephone number is 1-833-990-9400, and the meeting ID is 787605272. Signed by Judge Ana C. Reyes on 04/28/2025. (lcacr2)

TRANSCRIPT OF HEARING ON MOTION FOR PRELIMINARY INJUNCTION OR SUMMARY JUDGMENT before Judge Ana C. Reyes held on April 29, 2025; Page Numbers: 1-54. Date of Issuance: April 29, 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 5/20/2025. Redacted Transcript Deadline set for 5/30/2025. Release of Transcript Restriction set for 7/28/2025.(Reeves, Sonja) (Entered: 04/29/2025)

Evidentiary Hearing

Minute Entry for proceedings held before Judge Ana C. Reyes: Hearing on Motion for Preliminary Injunction or Summary Judgment held on 4/29/2025. Motion heard and taken under advisement. (Court Reporter: Sonja Reeves) (zcdw)

Minute Entry for proceedings held before Judge Ana C. Reyes: Hearing on Motion for Preliminary Injunction or Summary Judgment held on 4/29/2025. Motion heard and taken under advisement. Parties directed to submit a joint status report by 5/6/2025. (Court Reporter: Sonja Reeves) (zcdw) Modified on 4/29/2025 to include filing deadline (zcdw).

.Order

MINUTE ORDER. The Court has received a media request to have the Federal Rule of Civil Procedure 5.2(c) restrictions on the docket lifted in this case. Should any party wish to object to this request, the Court ORDERS that such objections be filed by 5pm tomorrow, May 2, 2025. Signed by Judge Ana C. Reyes on 5/1/2025. (lcacr3)

RESPONSE TO ORDER OF THE COURT re Order, filed by AKSHAR PATEL. (Attachments: # 1 Exhibit Redacted AR)(Brown, Steven) (Entered: 05/02/2025)

1 Exhibit Redacted AR

View on RECAP

NOTICE OF SUPPLEMENTAL AUTHORITY by AKSHAR PATEL (Attachments: # 1 Exhibit NDGA Order, # 2 Exhibit B Transcript)(Brown, Steven) (Entered: 05/02/2025)

1 Exhibit NDGA Order

View on PACER

2 Exhibit B Transcript

View on RECAP

Joint STATUS REPORT by TODD M. LYONS. (Walker, Johnny) (Entered: 05/06/2025)

.Order

MINUTE ORDER. With the consent of both parties, the Court ORDERS that the limitations on remote access to electronic files otherwise applicable in this case, see Fed. R. Civ. P. 5.2(c), be lifted except for Dkt. 17 and the exhibits to Dkt. 2. Accordingly, the Clerk of Court is directed to lift all viewing restrictions on the docket--i.e., to make all prior filings electronically available to the public--except for Dkt. 17 and the exhibits to Dkt. 2, which shall continue to be subject to the restrictions in Rule 5.2(c). All future filings shall be publicly available unless the Court grants leave to file a document under seal or in redacted form. The Court further ORDERS Plaintiffs to file a redacted version of Dkt. 17 on the docket as soon as practicable.Signed by Judge Ana C. Reyes on 05/06/2025. (lcacr2)

NOTICE of Redacted AR by AKSHAR PATEL re Order,,, (Brown, Steven) (Entered: 05/07/2025)

NOTICE OF SUPPLEMENTAL AUTHORITY by AKSHAR PATEL (Attachments: # 1 Exhibit A Wisconsin Case)(Brown, Steven) (Entered: 05/07/2025)

1 Exhibit A Wisconsin Case

View on PACER

NOTICE by TODD M. LYONS (Walker, Johnny) (Entered: 05/14/2025)

NOTICE OF WITHDRAWAL OF MOTION by AKSHAR PATEL re 12 MOTION for Preliminary Injunction RENEWED MOTION for Summary Judgment for PI only, and Information Regarding Other Districts (Attachments: # 1 Exhibit Song Settlement, # 2 Exhibit Shah Settlement)(Brown, Steven) (Entered: 05/14/2025)

1 Exhibit Song Settlement

View on RECAP

2 Exhibit Shah Settlement

View on RECAP

Order on Motion for Summary Judgment

MINUTE ORDER finding as moot Plaintiff's 12 Motion for Preliminary Injunction or Summary Judgment due to Plaintiff's 25 Notice of Withdrawal. Signed by Judge Ana C. Reyes on 06/03/2025. (lcacr2)

MOTION to Dismiss as Moot by TODD M. LYONS. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1: 2d Watson Decl., # 3 Exhibit 2: Not. to Patel (May 13, 2025), # 4 Text of Proposed Order)(Walker, Johnny) (Entered: 06/10/2025)

Memorandum in opposition to re 26 MOTION to Dismiss as Moot filed by AKSHAR PATEL. (Brown, Steven) (Entered: 06/24/2025)

MOTION for Summary Judgment by AKSHAR PATEL. (Banias, Bradley) (Entered: 06/26/2025)

REPLY to opposition to motion re 26 Motion to Dismiss filed by TODD M. LYONS. (Walker, Johnny) (Entered: 07/01/2025)

.Order

MINUTE ORDER. The Court ORDERS the parties to contact Judge Reyes's Courtroom Deputy, Chashawn White (Chashawn_White@dcd.uscourts.gov), to schedule a motions hearing the week of July 14, 2025. Signed by Judge Ana C. Reyes on 07/02/2025. (lcacr2)

MOTION to Hold in Abeyance re 28 MOTION for Summary Judgment, MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment by TODD M. LYONS. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/03/2025)

Order on Motion for Extension of Time to File Response/Reply AND Order on Motion to Hold in Abeyance

MINUTE ORDER. Upon consideration of the Government's 30 Motion to Hold in Abeyance or for an Extension of Time, the Court GRANTS the Motion IN PART. The Government shall respond to Plaintiff's 28 Motion for Summary Judgment on or before July 21, 2025. The Court further ORDERS the parties to contact Judge Reyes's Courtroom Deputy, Chashawn White (Chashawn_White@dcd.uscourts.gov), to schedule a status hearing on July 14, 2025. In the interest of judicial efficiency, the Court VACATES the motions hearing scheduled for the week of July 14, 2025. Signed by Judge Ana C. Reyes on 07/07/2025. (lcacr2)

Notice of Hearing

NOTICE of Hearing: Status Conference set for 7/14/2025 at 2:00 PM via videoconference before Judge Ana C. Reyes. (zcdw)

.Order

MINUTE ORDER. Due to a scheduling conflict, the Court VACATES today's status conference and ORDERS the parties to contact the Courtroom Deputy, Chashawn White (Chashawn_White@dcd.uscourts.gov), to reschedule it for the week of July 21, 2025. Signed by Judge Ana C. Reyes on 07/14/2025. (lcacr2)

Notice of Hearing

NOTICE of Hearing: Status Conference set for 7/22/2025 at 3:00 PM via videoconference before Judge Ana C. Reyes. (zcdw)

Memorandum in opposition to re 28 MOTION for Summary Judgment filed by TODD M. LYONS. (Walker, Johnny) (Entered: 07/21/2025)

Status Conference

Minute Entry for video proceedings held before Judge Ana C. Reyes: Status Conference held on 7/22/2025. (Court Reporter: Christine Asif) (zcdw)

REPLY to opposition to motion re 28 Motion for Summary Judgment filed by AKSHAR PATEL. (Brown, Steven) (Entered: 07/28/2025)

STANDING ORDER. The Court hereby ORDERS the parties to comply with its Standing Order. See Standing Order for details. Signed by Judge Ana C. Reyes on 07/29/2025. (lcacr2) (Entered: 07/29/2025)