Case: Ahmed v. Noem

COMPLAINT for Declaratory Judgment and Injunctive Relief against All Defendants ( Filing fee $ 405 receipt number ADCDC-11663601) filed by ADIB AHMED. (Attachments: # 1 Exhibit A (Pre-April 2025 Policy Change SEVP Termination Reasons), # 2 Exhibit B (ICE Policy Re Visa Revocations and SEVIS), # 3 Exhibit C (DHS Notice Regarding SEVIS Policy), # 4 Exhibit D (April 26, 2025 SEVIS Termination Policy), # 5 Exhibit E (Emails and Testimony of ICE Director Andre Watson), # 6 Exhibit F (State Department Email to Students), # 7 Exhibit G (Email to Plaintiff from GSU DSO), # 8 Exhibit H (Visa Revocation), # 9 Exhibit I (Evidence of Contact with Agent Grentz), # 10 Civil Cover Sheet, # 11 Summons)(Naser, Waleed) (Entered: 05/04/2025)

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:25-cv-01096. (Naser, Waleed) (Main Document 2 replaced on 5/7/2025) (zmtm). (Entered: 05/05/2025)

Notice of Error- New Case

NOTICE OF NEW CASE ERROR regarding 1 Complaint. The following error(s) need correction: Civil Cover Sheet references a related case; Please file a separate Notice of Related Case Form. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmw)

SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 05/07/2025)

Case Assigned/Reassigned

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

.Order

Order

MINUTE ORDER. Upon consideration of the 1 Complaint filed in this case, which was directly, rather than randomly, assigned to the undersigned Judge, the Court concludes that Plaintiff's 2 Notice of Related Case, indicating this case is "related" to Patel v. Lyons, Case No. 25-cv-1096 ("Patel"), is erroneous. A review of the instant 1 Complaint and the Patel Complaint reveals that these cases do not involve common issues of fact or grow out of the same event or transaction, as contemplated by LCvR 40.5(a)(3) and 40.5(c)(1). Accordingly, the Court DIRECTS the Clerk of the Court to reassign this case randomly pursuant to the proper procedures for case assignment. Signed by Judge Ana C. Reyes on 05/07/2025. (lcacr2)

Emergency MOTION for Temporary Restraining Order OR ALTERNATIVELY FOR A PRELIMINARY INJUNCTION by ADIB AHMED. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Attachment 1 (Certification of Counsel), # 3 Exhibit Attachment 2 (Plaintiffs Affidavit), # 4 Exhibit Attachment 3 (USCIS NOID), # 5 Exhibit Attachment 4 (Affidavit of Brian Childs), # 6 Exhibit Attachment 5 (Transcript of Testimony from Attorney Stephen Navarre), # 7 Exhibit Attachment 6 (Study in the States Website Printout), # 8 Exhibit Attachment 7 (Maintaining Accurate SEVIS Records), # 9 Exhibit Attachment 8 (USCIS OPT Guidance), # 10 Exhibit Attachment 9 (Except from 9 FAM 402.5), # 11 Exhibit Attachment 10 (SEVIS Termination Grounds), # 12 Exhibit Attachment 11 (Non-comprehensive Compilation of TRO and PI orders in SEVIS Termination Cases), # 13 Text of Proposed Order)(Naser, Waleed). Added MOTION for Preliminary Injunction on 5/8/2025 (zdp). (Entered: 05/08/2025)

NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 05/08/2025)

Memorandum in opposition to re 4 Emergency MOTION for Temporary Restraining Order OR ALTERNATIVELY FOR A PRELIMINARY INJUNCTION MOTION for Preliminary Injunction filed by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit 1: Indictment of Ahmed (Aug. 29, 2023), # 2 Exhibit 2: Final Disposition (May 22, 2024), # 3 Exhibit 3: Letter from Armstrong (Mar. 23, 2025), # 4 Exhibit 4: Notice to Appear (May 8, 2025))(Walker, Johnny) (Entered: 05/08/2025)

Case Assigned/Reassigned

.Order AND ~Util - Set/Reset Hearings

Case Randomly Reassigned to Judge Reggie B. Walton. Judge Ana C. Reyes is no longer assigned to the case. (zjd)

Order

MINUTE ORDER. To ensure the expeditious resolution of the 4 Plaintiff's Application for a Temporary Restraining Order or Alternatively for a Preliminary Injunction, and the Court requiring additional information before resolving the motion, it is hereby ORDERED that, on or before May 8, 2025, at 3:00 p.m., counsel for the defendants shall enter a notice of appearance in this case. It is further ORDERED that, on or before May 8, 2025, at 8:00 p.m., the defendants shall file their opposition, if any, to the 4 Plaintiff's Application for a Temporary Restraining Order or Alternatively for a Preliminary Injunction. It is further ORDERED that, on May 9, 2025, at 2:00 p.m., the parties shall appear before the Court for a motion hearing. The parties shall appear before the Court via teleconference, by calling 646-828-7666, entering the Meeting ID 161 591 8885 followed by the pound key (#), and then entering the Passcode 984979 followed by the pound key (#). Signed by Judge Reggie B. Walton on May 8, 2025. (lcrbw3) Modified on 5/8/2025. (zalh)

Minute Entry for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 5/9/2025 re 4 Plaintiff's Application for a Temporary Restraining Order or Alternatively for a Preliminary Injunction. Oral arguments heard. Oral ruling issued. Order forthcoming via Chambers. Plaintiff's Supplemental Motion for a Preliminary Injunction is due by 5/14/2025. Defendants' Response is due by 5/19/2025. Plaintiff's Reply is due by 5/21/2025. Preliminary Injunction Hearing set for 5/23/2025 at 10:00 AM via teleconference before Judge Reggie B. Walton. (Court Reporter: Lorraine Herman) (zalh) Modified on 5/13/2025. (zalh)

Motion Hearing

ORDER. In accordance with the attached Order, it is hereby ORDERED that the 4 Plaintiff['s] Application for a Temporary Restraining Order or Alternatively for Preliminary Injunction is GRANTED IN PART AND DENIED IN PART. The request for the Temporary Restraining Order is GRANTED to the extent outlined in this Order, and in accordance with the oral rulings issued by the Court at the May 9, 2025, motion hearing. The request for a preliminary injunction is HELD IN ABEYANCE, and the motion is DENIED in all other respects. The Court agrees with the defendants that it lacks jurisdiction over any matters related to the plaintiff's removal from the United States; however, for the reasons articulated by the Court during the May 9, 2025, motion hearing, the Court concludes that the defendants' removal of the plaintiff from the Student and Exchange Visitor Information System (SEVIS) system cannot reasonably be considered as part of the proceeding regarding his removal from the United States. In other words, although the defendants have initiated removal proceedings against the plaintiff, the plaintiff still has the right to challenge his removal before an Administrative Judge. And, unless and until the Administrative Judge actually rejects the plaintiff's challenge to his removal and orders that he be removed from the United States, the Court concludes that it has jurisdiction to consider whether the defendants legally terminated the plaintiff's record in the SEVIS system. Therefore, because the plaintiff has not yet been ordered removed from the United States, the Court concludes that his removal from the SEVIS system was likely premature. Accordingly, the Court concludes that the defendants shall reinstate the plaintiff's SEVIS record and shall not again remove him from the system unless and until he is ordered removed from the United States by an Administrative Judge or as otherwise Ordered by the Court. It is further ORDERED that the defendants shall forthwith reinstate the plaintiff's record in the SEVIS system to active status until the preliminary injunction hearing scheduled for May 23, 2025. It is further ORDERED that, on or before May 14, 2025, the plaintiff shall file a supplement to his motion for a preliminary injunction, should he wish to do so. It is further ORDERED that, on or before May 19, 2025, the defendants shall file their supplemental opposition to the plaintiff's supplemental motion for a preliminary injunction. It is further ORDERED that, on or before May 21, 2025, the plaintiff shall file his supplemental reply in support of his supplemental motion for a preliminary injunction. It is further ORDERED that, on May 23, 2025, at 10:00 a.m., the parties shall appear before the Court for a motion hearing on the plaintiff's motion for a preliminary injunction. The parties shall appear before the Court via teleconference by calling 646-828-7666, entering the Meeting ID 161 591 8885 followed by the pound key (#), and then entering the Passcode 984979 followed by the pound key (#). Signed by Judge Reggie B. Walton on May 10, 2025 (lcrbw3) (Entered: 05/10/2025)

MINUTE ORDER. The public is permitted to attend the motion hearing currently scheduled for May 23, 2025, at 10:00 a.m., by calling 1-833-990-9400, and entering the Meeting ID 011366756. Signed by Judge Reggie B. Walton on May 13, 2025. (lcrbw3)

Order

SUPPLEMENTAL MEMORANDUM to re 4 Emergency MOTION for Temporary Restraining Order OR ALTERNATIVELY FOR A PRELIMINARY INJUNCTION MOTION for Preliminary Injunction filed by ADIB AHMED. (Attachments: # 1 Exhibit A (Tentative Ruling and Questions for Hearing), # 2 Exhibit B (Excerpt from the Foreign Affairs Manual (FAM)))(Naser, Waleed) (Entered: 05/14/2025)

Memorandum in opposition to re 4 Emergency MOTION for Temporary Restraining Order OR ALTERNATIVELY FOR A PRELIMINARY INJUNCTION MOTION for Preliminary Injunction filed by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 05/19/2025)

REPLY to opposition to motion re 4 Motion for TRO,,,, Motion for Preliminary Injunction,,, filed by ADIB AHMED. (Attachments: # 1 Exhibit A (Email from DOS))(Naser, Waleed) (Entered: 05/21/2025)

NOTICE OF SUPPLEMENTAL AUTHORITY by ADIB AHMED (Attachments: # 1 Exhibit Doe v. Trump (Nationwide Injunction))(Naser, Waleed) (Entered: 05/23/2025)

ORDER. In accordance with the attached Order, it is hereby ORDERED that the 7 Order that was issued by the Court on May 10, 2025, shall REMAIN IN EFFECT until the Court issues its decision concerning the 4 Plaintiff['s] Application for a Temporary Restraining Order or Alternatively for Preliminary Injunction, the parties' supplemental briefing in support and opposition thereto, and the representations made by the parties during the May 23, 2025, preliminary injunction hearing. Signed by Judge Reggie B. Walton on May 23, 2025. (lcrbw3) (Entered: 05/23/2025)

Preliminary Injunction

Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Preliminary Injunction Hearing held on 5/23/2025. Oral arguments heard. The temporary restraining order remains in effect until further order of the Court. Order forthcoming via Chambers. (Court Reporter: Sonja Reeves) (zalh)

Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Preliminary Injunction Hearing held on 5/23/2025. Oral arguments heard re 4 Plaintiff's Application for a Temporary Restraining Order or Alternatively for a Preliminary Injunction. The temporary restraining order remains in effect until further order of the Court. Order forthcoming via Chambers. (Court Reporter: Sonja Reeves) (zalh) Modified on 5/27/2025. (zalh)

NOTICE OF SUPPLEMENTAL FACTS by ADIB AHMED (Attachments: # 1 Exhibit A (Discharge and Termination Orders))(Naser, Waleed) (Entered: 06/04/2025)

RESPONSE re 13 Notice (Other) filed by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 06/05/2025)

Joint MOTION to Stay by TODD LYONS, KRISTI NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/01/2025)

Order on Motion to Stay AND Set/Reset Hearings

MINUTE ORDER. Upon consideration of the parties' 15 Joint Motion to Stay, and for good cause shown, it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART. Specifically, the motion is GRANTED to the extent that the parties seek to vacate all pending deadlines in this case until the conclusion of settlement negotiations. The motion is DENIED in all other respects. It is further ORDERED that, on August 1, 2025, at 11:00 a.m., the parties shall appear before the Court for a status hearing. The parties shall appear before the Court via teleconference by calling 646-828-7666, entering the Meeting ID 161 591 8885 followed by the pound key (#), and then entering the Passcode 984979 followed by the pound key (#). The Court notes that if this case settles, there will be no basis for issuing a Memorandum Opinion resolving the pending motion for a preliminary injunction. However, if settlement has not been reached by the time of the status hearing scheduled for August 1, 2025, the Court will proceed with issuing a Memorandum Opinion resolving the pending motion for a preliminary injunction. Signed by Judge Reggie B. Walton on July 11, 2025. (lcrbw3)

Status Conference

Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Status Conference held on 8/1/2025. Oral arguments heard. Memorandum Opinion and Order forthcoming via Chambers. (Court Reporter: Chandra Kean) (zalh)

VACATED PURSUANT TO 17 ORDER FILED ON 8/5/2025.....ORDER. For the reasons that will be set forth in the Memorandum Opinion issued later this week, it is hereby ORDERED that the 4 Plaintiff['s] Application for a Temporary Restraining Order or Alternatively for Preliminary Injunction is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent it seeks reinstatement of the plaintiff's SEVIS record, retroactive to the date of termination. The motion is further GRANTED to the extent that it seeks a prohibition on the defendants taking any adverse immigration enforcement action against the plaintiff based on the prior SEVIS termination. The motion is DENIED in all other respects. Signed by Judge Reggie B. Walton on August 5, 2025. (lcrbw3) (Entered: 08/05/2025)

ORDER. In accordance with the attached Order, and for the reasons that will be set forth in the Memorandum Opinion issued later this week, it is herebyORDERED that the 4 Plaintiff['s] Application for a Temporary Restraining Order or Alternatively for Preliminary Injunction is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent it seeks reinstatement of the plaintiff's SEVIS record, retroactive to the date of termination. The motion is further GRANTED to the extent that it seeks a prohibition on the defendants taking any adverse immigration enforcement action against the plaintiff based on the prior SEVIS termination. The motion is DENIED in all other respects. It is further ORDERED that the 16 Order issued at ECF No. 16 is hereby VACATED. It is further ORDERED that this Order shall replace the 16 Order issued at ECF No. 16. It is further ORDERED that this Order is not a final Order subject to appeal. Signed by Judge Reggie B. Walton on August 5, 2025. (lcrbw3) (Entered: 08/05/2025)

MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on August 8, 2025. (lcrbw3)

ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that the 4 Plaintiff['s] Application for a Temporary Restraining Order or Alternatively for Preliminary Injunction is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent it seeks reinstatement of the plaintiff's SEVIS record, retroactive to the date of termination. The motion is further GRANTED to the extent that it seeks a prohibition on the defendants taking any adverse immigration enforcement action against the plaintiff based on the prior SEVIS termination. The motion is DENIED in all other respects. Signed by Judge Reggie B. Walton on August 8, 2025. (lcrbw3) (Entered: 08/08/2025)