Case: Enamorado v. Kaiser

5:25-cv-04072 | U.S. District Court for the Northern District of California

Filed Date: May 11, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges ICE’s authority to re-detain noncitizens who have been granted withholding of removal.  Enamorado, a 42-year-old Honduran national, fled Honduras with his family in December 2018 due to threats from MS-13 gang members. An asylum officer found he had a reasonable fear of persecution or torture, and in July 2019, an immigration judge ordered his release, finding he posed neither a danger nor a flight risk. In April 2022, he was granted withholding of removal under 8 U.S.C. § …

This case challenges ICE’s authority to re-detain noncitizens who have been granted withholding of removal. 

Enamorado, a 42-year-old Honduran national, fled Honduras with his family in December 2018 due to threats from MS-13 gang members. An asylum officer found he had a reasonable fear of persecution or torture, and in July 2019, an immigration judge ordered his release, finding he posed neither a danger nor a flight risk. In April 2022, he was granted withholding of removal under 8 U.S.C. § 1231(b)(3). His wife and children were granted asylum in August 2022 and became lawful permanent residents in September 2024. For nearly six years, Enamorado lived in Martinez, California, supporting his family through his landscaping business, with no criminal history and consistent compliance with the law.

On April 10, 2025, U.S. Immigration and Customs Enforcement (ICE) ordered Enamorado to appear at the San Francisco ICE office for an “interview” to take place on May 14, 2025. Enamorado fully complied with reporting requirements and his ongoing withholding of removal order. Nonetheless, fearing re-detention and removal to a third country, which he alleged was consistent with a government “internal directive” that had resulted in the detention of at least nine similarly situated individuals (D.V.D. v. U.S. Department of Homeland Security, 1:25-cv-10676 (D. Mass.)), he sought court protection.

On May 11, 2025, Enamorado, represented by private counsel and public defenders, filed this habeas petition in the U.S. District Court for the Northern District of California. Under the Fifth Amendment, he sued the Acting Director of Immigration and Customs Enforcement, the Acting San Francisco ICE Field Office Director, the Secretary of Homeland Security, and the Attorney General. The case was assigned to District Judge Noel Wise. 

The petitioner argued that his potential re-detention by ICE would violate his Fifth Amendment right to freedom from custody without due process, protections he emphasized apply to all persons in the United States, including noncitizens. He asserted a strong likelihood of success, citing his 2022 grant of withholding of removal, his lawful presence under bond since 2019, consistent compliance with the law, and his lack of flight risk or danger to the public. He argued that no legitimate basis existed for his detention or removal, particularly in connection with his scheduled interview, and claimed that re-detention would cause irreparable harm through the violation of his constitutional rights.

On May 12, 2025, the petitioner filed an ex parte motion for a temporary restraining order to prevent his detention during his upcoming “interview” and possible removal to a third country. 2025 WL 1382859. That same day, Judge Wise granted the TRO, finding the petitioner raised serious questions under the Fifth Amendment’s Due Process Clause and was likely to succeed on the merits. 2025 WL 1382859. The order temporarily barred the government from re-arresting or re-detaining the petitioner based on his immigration status, including during and after his May 21, 2025, hearing. It required the petitioner to comply with DHS/ICE directives, including the May 14 interview, and waived the security bond. 

On May 28, 2025, the petitioner’s bond was canceled, and he was placed under an order of supervision, with a scheduled check-in at ICE on May 27, 2026.

On July 3, 2025, the petitioner filed a motion for leave to amend his habeas petition and complaint, along with an amended motion for a TRO, to address new events and legal developments following the Supreme Court’s June 23, 2025 decision in D.V.D. v. U.S. Department of Homeland Security, (staying a district court’s preliminary injunction barring the third country removal of a non-citizen). 

The court heard the motions on July 16. Defendants agreed that the petitioner posed no danger to the community and was not a flight risk. They indicated that while they were unaware of any current intent to detain or deport him, the government sought to submit an updated declaration from a representative outlining the agency’s intentions, which would bind the government. The court granted leave to file the declaration. It also granted the motion to amend and accepted the amended petition and complaint as filed. The parties stipulated to the issuance of a new TRO preserving the terms of the May 12 order.

On July 17, Judge Wise granted the renewed TRO, finding that serious questions on the merits remained and that the balance of hardships continued to tip sharply in the petitioner’s favor. Defendants confirmed they were unaware of any intent to detain or remove him and again acknowledged he posed no flight risk or danger. The court temporarily enjoined defendants from re-arresting or re-detaining him based on his immigration status, including during or after the upcoming hearing.

The TRO was originally set to remain in effect until August 19, though the court ordered on July 30 that it remain indefinitely, pending a decision from the court on the amended motion for a TRO. A hearing planned for October 1 did not take place due to the government shutdown. The hearing was rescheduled for a later date.

Judge Wise granted a preliminary injunction on November 3, enjoining and restraining the Government from (1) removing the petitioner from the United States without notice and an opportunity to present a fear-based claim; and (2) re-detaining the petitioner without a pre-deprivation hearing before an immigration judge. The order was set to remain in effect until further orders of the court.

The case remains ongoing.

Summary Authors

Ayah Elsheikh (11/15/2025)

Scott Shuchart (5/14/2025)

Victoria Tan (7/30/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70242841/parties/enamorado-v-kaiser/


Expert/Monitor/Master/Other

Jeu, Christopher Frederick (California)

Lakin, Judah Ben (California)

Lee, Jane S (California)

Moreno, Heliodoro Moreno (California)

Wille, Amalia Margarete (California)

Documents in the Clearinghouse

Documents in this case
8

5:25-cv-04072

Order Granting Motion for Temporary Restraining Order and Setting Briefing Schedule and Hearing

May 12, 2025

May 12, 2025

Order/Opinion

2025 WL 1382859

24

5:25-cv-04072

Order Granting Temporary Restraining Order

July 17, 2025

July 17, 2025

Order/Opinion
42

5:25-cv-04072

Order Granting Preliminary Injunction

Nov. 3, 2025

Nov. 3, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70242841/enamorado-v-kaiser/

Last updated Sept. 27, 2026, 3:58 a.m.

Docket for: Enamorado v. Kaiser
ECF Number Date Description Link
1 May 11, 2025

NOTICE of Appearance filed by Judah Ben Lakin on behalf of Edwin Y Enamorado (Lakin, Judah) (Filed on 5/11/2025) (Entered: 05/11/2025)

RECAP
2 May 11, 2025

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ACANDC-20663713.), COMPLAINT against Kristi Noem, Todd M. Lyons, Polly Kaiser, Pamela Bondi ( Filing fee $ 405, receipt number ACANDC-20663713.). Filed by Edwin Y Enamorado. (Attachments: # 1 Exhibit Exhibits to Complaint and Petition)(Moreno, Heliodoro) (Filed on 5/11/2025) Modified on 5/12/2025 (kxo, COURT STAFF). (Entered: 05/11/2025)

RECAP
3 May 11, 2025

First Ex Parte Application, First MOTION for Temporary Restraining Order filed by Edwin Y Enamorado. (Attachments: # 1 Exhibit Exhibits to Ex Parte Motion for TRO, # 2 Proposed Order Proposed Order)(Moreno, Heliodoro) (Filed on 5/11/2025) (Entered: 05/11/2025)

RECAP
4 May 11, 2025

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Edwin Y Enamorado.. (Moreno, Heliodoro) (Filed on 5/11/2025) (Entered: 05/11/2025)

RECAP
5 May 11, 2025

Proposed Summons. (Moreno, Heliodoro) (Filed on 5/11/2025) (Entered: 05/11/2025)

RECAP
May 11, 2025

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

6 May 12, 2025

Case assigned to District Judge Noel Wise and Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (kmm2, COURT STAFF) (Filed on 5/12/2025) (Entered: 05/12/2025)

RECAP
7 May 12, 2025

Summons Issued as to Pamela Bondi, Polly Kaiser, Todd M. Lyons, Kristi Noem. (kxo, COURT STAFF) (Filed on 5/12/2025) (Entered: 05/12/2025)

RECAP
8 May 12, 2025

ORDER by Judge Noel Wise granting 3 Ex Parte Application ; granting 3 Motion for TRO. The Court shall hold an in-person hearing on Wednesday, May 21, 2025, at 9:00 a.m. Defendants shall file a response to Plaintiffs motion by no later than May 15, 2025, at 5:00 p.m. Plaintiff shall file a reply by no later than May 19, 2025, at 5:00 p.m.(nwlc2, COURT STAFF) (Filed on 5/12/2025) (Entered: 05/12/2025)

Clearinghouse
May 12, 2025

~Util - Case Assigned by Intake

May 12, 2025

Electronic Filing Error

May 12, 2025

Electronic filing error. Case reviewed; does not fall under nationwide injunction. No action necessary. Re: 2 Petition for Writ of Habeas Corpus, Complaint, filed by Edwin Y Enamorado. (kmm2, COURT STAFF) (Filed on 5/12/2025)

9 May 13, 2025

CERTIFICATE OF SERVICE by Edwin Yobani Enamorado (Moreno, Heliodoro) (Filed on 5/13/2025) (Entered: 05/13/2025)

RECAP
10 May 14, 2025

CLERKS NOTICE SETTING CASE MANAGEMENT CONFERENCE DEADLINES. Case Management Statement due by 8/5/2025. Initial Case Management Conference set for 8/19/2025 at 09:00 AM in San Jose, - Videoconference Only. This proceeding will be held via a Zoom meeting.Meeting Access: All counsel may access the meeting information at https://www.cand.uscourts.gov/judges/wise-noel-nw/Court Appearances: Advanced notice is required of counsel or parties who will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at nwcrd@cand.uscourts.gov no later than August 15, 2025 at 5:00p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 8/5/2025. Initial Case Management Conference set for 8/19/2025 at 09:00 AM in San Jose, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Filed on 5/14/2025) (Entered: 05/14/2025)

RECAP
May 14, 2025

Clerk's Notice Setting Zoom Hearing

11 May 15, 2025

STIPULATION WITH PROPOSED ORDER re 8 Order on Ex Parte Application,, Order on Motion for TRO, re: Request to Modify Briefing and Hearing Schedule filed by Polly Kaiser, Todd M. Lyons, Kristi Noem, Pamela Bondi. (Attachments: # 1 Declaration C. Jeu, # 2 Proposed Order)(Jeu, Christopher) (Filed on 5/15/2025) (Entered: 05/15/2025)

RECAP
12 May 15, 2025

ORDER granting 11 Stipulation to Modify Briefing and Hearing Schedule signed by by Judge Noel Wise. (akw, COURT STAFF) (Filed on 5/15/2025) (Entered: 05/15/2025)

RECAP
13 June 11, 2025

STIPULATION WITH PROPOSED ORDER re 12 Order on Stipulation Requesting Extension of TRO Briefing Schedule filed by Polly Kaiser, Todd M. Lyons, Kristi Noem, Pamela Bondi. (Attachments: # 1 Declaration C. Jeu, # 2 Proposed Order)(Jeu, Christopher) (Filed on 6/11/2025) (Entered: 06/11/2025)

RECAP
14 June 12, 2025

ORDER granting 13 STIPULATED REQUEST TO MODIFY BRIEFING AND HEARING SCHEDULE Signed by Judge Noel Wise on 6/12/2025. Temporary Restraining Order Hearing set for 7/16/2025 at 09:00 AM. (akw, COURT STAFF) (Filed on 6/12/2025) (Entered: 06/12/2025)

RECAP
15 June 16, 2025

RESPONSE re 8 Order on Ex Parte Application,, Order on Motion for TRO, re: Motion for TRO by Polly Kaiser, Todd M. Lyons, Kristi Noem, Pamela Bondi. (Attachments: # 1 Declaration T. Auer)(Jeu, Christopher) (Filed on 6/16/2025) (Entered: 06/16/2025)

RECAP
16 July 3, 2025

AMENDED PETITION against Kristi Noem, Todd M. Lyons, Polly Kaiser, Pamela Bondi, AMENDED COMPLAINT against Kristi Noem, Todd M. Lyons, Polly Kaiser, Pamela Bondi. Filed by Edwin Yobani Enamorado. (Attachments: # 1 Exhibit Exhibits to Complaint and Petition, # 2 Redlined Amended Petition)(Moreno, Heliodoro) (Filed on 7/3/2025) (Entered: 07/03/2025)

RECAP
17 July 3, 2025

First MOTION for Leave to File Amended Petition/Complaint filed by Edwin Yobani Enamorado. (Attachments: # 1 Proposed Order)(Moreno, Heliodoro) (Filed on 7/3/2025) (Entered: 07/03/2025)

RECAP
18 July 3, 2025

Amended MOTION for Temporary Restraining Order filed by Edwin Yobani Enamorado. (Attachments: # 1 Proposed Order, # 2 Exhibit Exhibits to Motion for TRO)(Moreno, Heliodoro) (Filed on 7/3/2025) (Entered: 07/03/2025)

RECAP
19 July 3, 2025

ORDER SETTING EXPEDITED BRIEFING SCHEDULE AND RESETTING HEARING TIME FOR MOTION FOR TRO. Defendants opposition to ECF No. 17 due July 9, 2025, at 5:00 p.m. Plaintiff may file a reply by July 11, 2025. The Court shall hold a hearing on the amended motion for a TRO on Wednesday, July 16, 2025, and RESETS the hearing time to 1:30 p.m. The Court shall hold the hearing by Zoom. Signed by Judge Noel Wise on July 3, 2025. (nwlc2, COURT STAFF) (Filed on 7/3/2025) (Entered: 07/03/2025)

RECAP
20 July 9, 2025

CLERK'S NOTICE RESETTING 19 TIME FOR TEMPORARY RESTRAINING ORDER HEARING. Temporary Restraining Order Hearing reset for 7/16/2025 at 02:30 PM. This proceeding will be held via a Zoom meeting.Meeting Access: All counsel may access the webinar information at https://www.cand.uscourts.gov/judges/wise-noel-nw/Civ LR 77-3(d). Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Filed on 7/9/2025) (Entered: 07/09/2025)

RECAP
21 July 9, 2025

OPPOSITION/RESPONSE (re 17 First MOTION for Leave to File Amended Petition/Complaint, 18 Amended MOTION for Temporary Restraining Order ) filed byPolly Kaiser, Todd M. Lyons, Kristi Noem, Pamela Bondi. (Jeu, Christopher) (Filed on 7/9/2025) (Entered: 07/09/2025)

RECAP
July 9, 2025

Clerk's Notice AND Clerk's Notice Setting Zoom Hearing

22 July 11, 2025

REPLY (re 17 First MOTION for Leave to File Amended Petition/Complaint, 18 Amended MOTION for Temporary Restraining Order ) filed byEdwin Yobani Enamorado. (Lakin, Judah) (Filed on 7/11/2025) (Entered: 07/11/2025)

RECAP
23 July 16, 2025

Minute Entry for proceedings held before District Judge Noel Wise:Temporary Restraining Order Hearing held on 7/16/2025. Arguments presented by counsel for both parties. The Court granted 17 Motion for Leave to File. The Court issued a new Temporary Restraining Order 18, maintaining the terms of the Courts May 12, 2025 Temporary Restraining Order 8 . The Court sets a Further Temporary Restraining Order Hearing set for 8/19/2025 at 09:00 AM to be held remotely. The Court ordered Supplemental Briefing, and sets the briefing schedule as follows: Defendant to file supplemental brief no later than August 1, 2025. Plaintiff to file reply by August 15, 2025. Total Time in Court: 1:04. Court Reporter: Summer Fisher. Plaintiff Attorney: Judah Lakin, Heliodoro Moreno and Jana Lee. Defendant Attorney: Christopher Jeu. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Date Filed: 7/16/2025) (Entered: 07/16/2025)

RECAP
July 16, 2025

Order on Motion for Leave to File AND Temporary Restraining Order Hearing AND ~Util - Set Deadlines/Hearings

24 July 17, 2025

ORDER GRANTING 18 TEMPORARY RESTRAINING ORDER Signed by Judge Noel Wise on 7/16/2025. The Court sets a Further Temporary Restraining Order Hearing for 8/19/2025 at 09:00 AM to be held remotely. (akw, COURT STAFF) (Filed on 7/17/2025) (Entered: 07/17/2025)

Clearinghouse
25 July 22, 2025

TRANSCRIPT ORDER for proceedings held on July 16, 2025 before District Judge Noel Wise by Polly Kaiser, Todd M. Lyons, Kristi Noem, Pamela Bondi, for Court Reporter Summer Fisher. (Jeu, Christopher) (Filed on 7/22/2025) (Entered: 07/22/2025)

RECAP
26 July 23, 2025

NOTICE of Appearance filed by Roman A. Swoopes on behalf of Polly Kaiser, Todd M. Lyons, Kristi Noem, Pamela Bondi (Swoopes, Roman) (Filed on 7/23/2025) (Entered: 07/23/2025)

RECAP
July 23, 2025

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

27 July 29, 2025

Transcript of Proceedings held on 07/16/2025, before Judge Noel Wise. Court Reporter/Transcriber Summer Fisher, telephone number summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 25 Transcript Order ) Redaction Request due 8/19/2025. Redacted Transcript Deadline set for 8/29/2025. Release of Transcript Restriction set for 10/27/2025. (Related documents(s) 25 ) (Fisher, Summer) (Filed on 7/29/2025) (Entered: 07/29/2025)

RECAP
28 July 29, 2025

STIPULATION WITH PROPOSED ORDER re 24 Temporary Restraining Order, Stipulation and [Proposed] Order Regarding Supplemental Briefing Schedule for TRO filed by Polly Kaiser, Todd M. Lyons, Kristi Noem, Pamela Bondi. (Swoopes, Roman) (Filed on 7/29/2025) (Entered: 07/29/2025)

RECAP
29 July 30, 2025

ORDER granting 28 Stipulation by Judge Noel Wise. Hearing on the Amended Temporary Restraining Order set for 10/1/2025 at 09:00 AM in San Jose, Courtroom 3 before District Judge Noel Wise.The Temporary Restraining Order at 24 will remain in effect pending the decision from the Court following 10/1/2025 hearing. (akw, COURT STAFF) (Filed on 7/30/2025) (Entered: 07/30/2025)

RECAP
30 Aug. 1, 2025

CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE DEADLINES. Case Management Statement due by 9/23/2025.Initial Case Management Conference set for 10/1/2025 09:00 AM in San Jose, - Videoconference Only. This proceeding will be held via a Zoom Meeting.Meeting Access: All counsel may access the meeting information at https://www.cand.uscourts.gov/judges/wise-noel-nw/Court Appearances: Advanced notice is required of counsel or parties who will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at nwcrd@cand.uscourts.gov no later than September 26, 2025 at 5:00pm.Civ LR 77-3(d). Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Filed on 8/1/2025) (Entered: 08/01/2025)

RECAP
Aug. 1, 2025

Clerk's Notice AND Clerk's Notice Setting Zoom Hearing

31 Aug. 29, 2025

Supplemental Brief re 24 Temporary Restraining Order, 29 Order on Stipulation, Respondents-Defendants Supplemental Brief in Opposition to Temporary Restraining Order filed byPolly Kaiser, Todd M. Lyons, Kristi Noem, Pamela Bondi. (Related document(s) 24, 29 ) (Swoopes, Roman) (Filed on 8/29/2025) (Entered: 08/29/2025)

RECAP
32 Sept. 3, 2025

TRANSCRIPT ORDER for proceedings held on 07/16/2025 before District Judge Noel Wise by Edwin Yobani Enamorado, for Court Reporter Summer Fisher. (Moreno, Heliodoro) (Filed on 9/3/2025) (Entered: 09/03/2025)

RECAP
33 Sept. 19, 2025

STIPULATION WITH PROPOSED ORDER re 30 Clerk's Notice Setting Zoom Hearing.,,,,,,,,,,, Stipulation re Extension of Case Management Statement and Conference schedule filed by Edwin Yobani Enamorado. (Moreno, Heliodoro) (Filed on 9/19/2025) (Entered: 09/19/2025)

RECAP
34 Sept. 19, 2025

Supplemental Brief re 24 Temporary Restraining Order, 29 Order on Stipulation, Petitioner-Plaintiff's Supplemental Brief in Support of Temporary Restraining Order filed byEdwin Yobani Enamorado. (Related document(s) 24, 29 ) (Moreno, Heliodoro) (Filed on 9/19/2025) (Entered: 09/19/2025)

RECAP
35 Sept. 22, 2025

ORDER GRANTING 33 STIPULATION REGARDING CASE MANAGEMENT STATEMENT AND CONFERENCE SCHDEULE signed by Judge Noel Wise on 9/22/2025. (akw, COURT STAFF) (Filed on 9/22/2025) (Entered: 09/22/2025)

RECAP
36 Sept. 22, 2025

CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE DEADLINES. October 1, 2025 Case Management Conference is reset to November 18, 2025. Case Management Statement due by 11/4/2025. Initial Case Management Conference set for 11/18/2025 at 09:00 AM in San Jose, - Videoconference Only. This proceeding will be held via a Zoom meeting.Meeting Access: All counsel may access the meeting information at https://www.cand.uscourts.gov/judges/wise-noel-nw/Court Appearances: Advanced notice is required of counsel or parties who will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at nwcrd@cand.uscourts.gov no later than November 14, 2025 at 5:00p.m.Civ LR 77-3(d). Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 11/4/2025. Initial Case Management Conference set for 11/18/2025 at 09:00 AM in San Jose, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Filed on 9/22/2025) (Entered: 09/22/2025)

RECAP
Sept. 22, 2025

Clerk's Notice Setting Zoom Hearing

37 Oct. 1, 2025

Minute Entry for proceedings held before District Judge Noel Wise: Temporary Restraining Order Hearing held on 10/1/2025. Defense counsel requested to stay all proceedings due to government shutdown. The Court GRANTED Defendants' request for a stay. The Court ordered the temporary restraining order extended to November 12, 2025 or until further order of the court. Temporary Restraining Order Hearing set for 11/12/2025 at 09:00 AM via video Zoom Meeting.Total Time in Court: 14 minutes. Court Reporter: Stephen Franklin. Plaintiff Attorney: Judah Lakin, Heliodoro Moreno. Defendant Attorney: Roman Swoopes. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Date Filed: 10/1/2025) Modified on 10/3/2025 (akw, COURT STAFF). (Entered: 10/01/2025)

RECAP
Oct. 1, 2025

Temporary Restraining Order Hearing AND ~Util - Set Deadlines/Hearings

38 Oct. 9, 2025

STIPULATION WITH PROPOSED ORDER re 37 Temporary Restraining Order Hearing,,,, Set Deadlines/Hearings,,, STIPULATION AND [PROPOSED] ORDER REGARDING PRELIMINARY INJUNCTION HEARING filed by Polly Kaiser, Todd M. Lyons, Kristi Noem, Pamela Bondi. (Swoopes, Roman) (Filed on 10/9/2025) (Entered: 10/09/2025)

RECAP
39 Oct. 10, 2025

ORDER GRANTING 38 STIPULATION REGARDING PRELIMINARY INJUNCTION HEARING signed by Judge Noel Wise on 10/10/2025. November 12, 2025 Preliminary Injunction Hearing reset for 10/22/2025 at 09:00 AM - video Conference only.(akw, COURT STAFF) (Filed on 10/10/2025) (Entered: 10/10/2025)

RECAP
40 Oct. 22, 2025

Minute Entry for proceedings held before District Judge Noel Wise: Preliminary Injunction Hearing held on 10/22/2025. Argument presented by counsel for both parties. The Court took the matter under submission. The Temporary Restraining Order is extended until further order of the Court. Total Time in Court: 30 Minutes. Court Reporter: Irene Rodriguez. Plaintiff Attorney: Judah Lakin, Heliodoro Moreno. Defendant Attorney: Roman Swoopes. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Date Filed: 10/22/2025) (Entered: 10/22/2025)

RECAP
Oct. 22, 2025

Preliminary Injunction Hearing

Oct. 23, 2025

October 22, 2025 Preliminary Injunction Hearing vacated pursuant to minutes at ecf 40. (akw, COURT STAFF) (Filed on 10/23/2025)

Oct. 23, 2025

Set/Reset Hearings

41 Nov. 3, 2025

STIPULATION WITH PROPOSED ORDER re 36 Clerk's Notice Setting Zoom Hearing.,,,,,, SECOND STIPULATION AND [PROPOSED] ORDER REGARDING CASE MANAGEMENT STATEMENT AND CONFERENCE SCHEDULE filed by Pamela Bondi, Polly Kaiser, Todd M. Lyons, Kristi Noem. (Swoopes, Roman) (Filed on 11/3/2025) (Entered: 11/03/2025)

RECAP
42 Nov. 3, 2025

ORDER GRANTING PRELIMINARY INJUCTION signed by Judge Noel Wise on 11/3/2025. (akw, COURT STAFF) (Filed on 11/3/2025) (Entered: 11/03/2025)

RECAP
43 Nov. 4, 2025

ORDER GRANTING 41 STIPULATION REGARDING CASE MANAGEMENT STATEMENT AND CONFERENCE SCHEDULE signed by Judge Noel Wise on 11/4/2025. November 18, 2025 Case Management Conference is reset to February 11, 2026. Case Management Statement due by 1/28/2026. (akw, COURT STAFF) (Filed on 11/4/2025) (Entered: 11/04/2025)

RECAP
44 Nov. 4, 2025

CLERK'S NOTICE REGARDING INSTRUCTIONS FOR CASE MANAGEMENT CONFERENCE Case Management Statement due by 1/28/2026. Initial Case Management Conference set for 2/11/2026 at 09:00 AM in San Jose, - Videoconference Only. This proceeding will be held via a Zoom Meeting.Meeting Access: All counsel may access the meeting information at https://www.cand.uscourts.gov/judges/wise-noel-nw/Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at nwcrd@cand.uscourts.gov no later than FEBRAURY 7, 2026 at 5:00p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 1/28/2026. Initial Case Management Conference set for 2/11/2026 at 09:00 AM in San Jose, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Filed on 11/4/2025) (Entered: 11/04/2025)

RECAP
Nov. 4, 2025

Clerk's Notice

45 Jan. 21, 2026

NOTICE of Substitution of Counsel: Attorney Michael J. Starrett substituted for Roman A. Swoopes on behalf of Pamela Bondi, Polly Kaiser, Todd M. Lyons, Kristi Noem (Starrett, Michael) (Filed on 1/21/2026) (Entered: 01/21/2026)

RECAP
Jan. 21, 2026

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

46 Jan. 27, 2026

STIPULATION WITH PROPOSED ORDER filed by Pamela Bondi, Polly Kaiser, Todd M. Lyons, Kristi Noem. (Starrett, Michael) (Filed on 1/27/2026) (Entered: 01/27/2026)

RECAP
47 Jan. 27, 2026

ORDER GRANTING 46 STIPULATION signed by Judge Noel Wise on 1/27/2026. February 11, 2026 Case Management Conference is vacated. (akw, COURT STAFF) (Filed on 1/27/2026)

RECAP
48 Jan. 29, 2026

CLERK'S NOTICE SETIING AMENDED PETITION 16 HEARING Petition for Writ of Habeas Corpus and Complaint for Declaratory andInjunctive Relief 16 Hearing set for May 13, 2026 at 09:00 AM in San Jose, Courtroom 3, 5th Floor before District Judge Noel Wise. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Filed on 1/29/2026) (Entered: 01/29/2026)

RECAP
Jan. 29, 2026

1 - Terminate Hearings AND Clerk's Notice

49 March 30, 2026

Respondents' Return ANSWER to Amended Complaint, ANSWER to Complaint by Pamela Bondi, Polly Kaiser, Todd M. Lyons, Kristi Noem. (Starrett, Michael) (Filed on 3/30/2026) Modified on 3/30/2026 (amf, COURT STAFF). (Entered: 03/30/2026)

RECAP
50 April 24, 2026

Traverse re 49 Answer to Amended Complaint,, Answer to Complaint, by Edwin Yobani Enamorado. (Moreno, Heliodoro) (Filed on 4/24/2026) (Entered: 04/24/2026)

RECAP
51 May 8, 2026

CLERK'S NOTICE RESETTING PETITION FOR WRIT OF HABEAS CORPUS 16 HEARINGMay 13, 2026 Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief 16 Hearing reset to 6/24/2026 at 09:00 AM in San Jose, Courtroom 3, 5th Floor before District Judge Noel Wise. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Filed on 5/8/2026) (Entered: 05/08/2026)

RECAP
May 8, 2026

1 - Terminate Hearings AND Clerk's Notice

52 May 12, 2026

CLERK'S NOTICE RESETTING PETITION FOR WRIT OF HABEAS CORPUS 16 HEARING June 24, 2026 Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief 16 Hearing reset to 8/12/2026 at 09:00 AM in San Jose, Courtroom 3, 5th Floor before District Judge Noel Wise. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Filed on 5/12/2026) (Entered: 05/12/2026)

RECAP
May 12, 2026

1 - Terminate Hearings AND Clerk's Notice

53 May 29, 2026

NOTICE of Withdrawal filed by Christopher Frederick Jeu, no longer appearing on behalf of Pamela Bondi, Polly Kaiser, Todd M. Lyons, Kristi Noem in this case (Jeu, Christopher) (Filed on 5/29/2026) (Entered: 05/29/2026)

RECAP
May 29, 2026

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

54 Aug. 6, 2026

ORDER. The Court RESETS the Petition for Writ of Habeas Corpus hearing to Friday, September 11, 2026, at 9:00 a.m., and to be held via video conference. Given the number of similar cases decided in this District and throughout the Circuit since this petition was filed and substantively briefed, the Court ORDERS the parties to each file by August 17, 2026, a supplemental brief of no more than five pages, identifying (1) any recent binding decisions not included in the parties' briefs, (2) any recent substantially analogous persuasive authority, and (3) any updates to Mr. Enamorado's immigration status or proceedings. Additionally, the Court notes that judges in this District and others have recently evaluated the merits of habeas petitions simultaneous to requests for preliminary injunctive relief. The parties shall include in their supplemental brief a statement as to why, or why not, the Court should not adopt its holding in its 42 Order granting Petitioner's motion for a preliminary injunction to rule on the merits of the petition. See Fed. R. Civ. P. 65(a)(2) (Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing.); see also 28 U.S.C. § 2243 (The court shall summarily hear and determine the facts, and dispose of [a petitioners habeas petition] as law and justice require.). Signed by Judge Noel Wise on August 6, 2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nwlc2, COURT STAFF) (Filed on 8/6/2026) (Entered: 08/06/2026)

RECAP
55 Aug. 6, 2026

CLERK'S NOTICE RESETTING PETITION FOR WRIT OF HABEAS CORPUS HEARING. August 12 Motion Hearing rest to September 11, 2026.Motion Hearing reset for 9/11/2026 at 09:00 AM in San Jose, - Videoconference Only before District Judge Noel Wise. This proceeding will be held via a Zoom Meeting.Meeting Access: All counsel may access the meeting information at https://www.cand.uscourts.gov/judges/wise-noel-nw/Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at nwcrd@cand.uscourts.gov no later than September 8, 2026 at 5:00pm.Civ LR 77-3(d). Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://cand.uscourts.gov/zoom. Motion Hearing set for 9/11/2026 at 09:00 AM in San Jose, - Videoconference Only before District Judge Noel Wise. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Filed on 8/6/2026) (Entered: 08/06/2026)

RECAP
Aug. 6, 2026

Order

Aug. 6, 2026

1 - Terminate Hearings AND Clerk's Notice Setting Zoom Hearing

56 Aug. 11, 2026

STIPULATION WITH PROPOSED ORDER re 54 Order,,,,,, filed by Edwin Yobani Enamorado. (Moreno, Heliodoro) (Filed on 8/11/2026) (Entered: 08/11/2026)

RECAP
57 Aug. 12, 2026

ORDER GRANTING 56 Stipulation Regarding Supplemental Briefing and Hearing Schedule signed by Judge Noel Wise on 8/12/2026. (akw, COURT STAFF) (Filed on 8/12/2026) (Entered: 08/12/2026)

RECAP
58 Aug. 12, 2026

CLERK'S NOTICE RESETTING PETITION FOR WRIT OF HABEAS CORPUS HEARING. September 11, 2026 Petition for Wtit of Habeas Corpus Hearing reset to September 25, 2026. Motion Hearing set for 9/25/2026 at 09:00 AM in San Jose, - Videoconference Only before District Judge Noel Wise. This proceeding will be held via a Zoom Meeting.Meeting Access: All counsel may access the meeting information at https://www.cand.uscourts.gov/judges/wise-noel-nw/Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at nwcrd@cand.uscourts.gov no later than September 21, 2026 at 5:00pm.Civ LR 77-3(d). Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://cand.uscourts.gov/zoom. Motion Hearing set for 9/25/2026 at 09:00 AM in San Jose, - Videoconference Only before District Judge Noel Wise. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Filed on 8/12/2026) (Entered: 08/12/2026)

RECAP
Aug. 12, 2026

1 - Terminate Hearings AND Clerk's Notice Setting Zoom Hearing

59 Sept. 14, 2026

Response ( Non Motion )

RECAP
60 Sept. 14, 2026

Response ( Non Motion )

RECAP
Sept. 25, 2026

1 - Terminate Hearings AND Motion Hearing

Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: May 11, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A Honduran national granted withholding of removal

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Attorney General

U.S. Department of Homeland Security

U.S. Immigration and Customs Enforcement

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Other Dockets:

Northern District of California 5:25-cv-04072

Special Case Type(s):

Habeas

Available Documents:

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Release from detention/imprisonment

Removal/deportation barred

Issues

Immigration/Border:

Constitutional rights

Deportation - judicial review

Detention - criteria

Detention - procedures

Recommended Citation