Case: Saxena v. Noem

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eighth Circuit

COMPLAINT with Immediate Relief Requested---for Temporary Restraining Order and Preliminary and Permanent Injunction, $405 fee paid, receipt# ASDDC-4509034, in shell case on 04/17/2025 filed by Priya Saxena. (Attachments: # 1 Exhibit Notice of Addendum with Declaration of Dahlia M. French, Esq.) (AKW) (Entered: 04/17/2025)

1 Exhibit Notice of Addendum with Declaration of Dahlia M. French, Esq.

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MOTION for Temporary Restraining Order, MOTION for Permanent Injunction, MOTION for Preliminary Injunction by Priya Saxena. See Doc. 1 Complaint. (AKW) (Entered: 04/17/2025)

Emergency MOTION for Temporary Restraining Order by Priya Saxena. (Leach, James) (Entered: 04/17/2025)

DECLARATION of Priya Saxena in Support of Emergency Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit Priya Saxena cirriculum vitae, # 2 Exhibit April 7, 2025, email from U.S. Embassy to Priya Saxena, # 3 Exhibit April 7, 2025, email from Ms. Beth Riley to Priya Saxena, # 4 Exhibit April 9, 2025, email from Ms. Beth Riley to U.S. Citizenship and Immigration Services) (Leach, James) (Entered: 04/17/2025)

1 Exhibit Priya Saxena cirriculum vitae

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2 Exhibit April 7, 2025, email from U.S. Embassy to Priya Saxena

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3 Exhibit April 7, 2025, email from Ms. Beth Riley to Priya Saxena

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4 Exhibit April 9, 2025, email from Ms. Beth Riley to U.S. Citizenship and Immigra

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MEMORANDUM in Support re 2 MOTION for Temporary Restraining Order MOTION for Permanent Injunction MOTION for Preliminary Injunction, 3 Emergency MOTION for Temporary Restraining Order filed by Priya Saxena. (Attachments: # 1 Exhibit Temporary Restraining Order issued in Liu v. Noem, # 2 Exhibit Temporary Restraining Order issued in Ratsantiboon v. Noem) (Leach, James) (Entered: 04/17/2025)

1 Exhibit Temporary Restraining Order issued in Liu v. Noem

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2 Exhibit Temporary Restraining Order issued in Ratsantiboon v. Noem

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TEXT SCHEDULING ORDER: Motion Hearing on Temporary Restraining Order set for 4/18/2025 at 02:00 PM in Rapid City Courtroom 2 before U.S. District Judge Karen E. Schreier Signed by U.S. District Judge Karen E. Schreier on 4/17/2025. (MG) (Entered: 04/17/2025)

Clerks Notice of Rule 73

Permanent Injunction AND Preliminary Injunction AND Temporary Restraining Order

Text Scheduling Order

CLERK'S NOTICE: Fed. R. Civ. P. 73 requires that all parties be notified of the opportunity to consent to have a magistrate judge conduct all proceedings in civil cases. All parties must return the signed AO85 form to the Clerk's Office before the case is reassigned to a magistrate judge. DO NOT electronically file or return the signed form to the District Judge. The AO85 form can be found by clicking here: National Forms: https://www.uscourts.gov/services-forms/forms. (AKW)

NOTICE of Appearance by Michaele Sanders Hofmann on behalf of All Defendants. (Hofmann, Michaele) (Entered: 04/18/2025)

ORDER granting 3 Motion for TRO. Signed by U.S. District Judge Karen E. Schreier on 4/18/2025. (JLS)

Motion Hearing held on 4/18/2025 re 3 Emergency MOTION for Temporary Restraining Order filed by Priya Saxena before U.S. District Judge Karen E. Schreier.. (Court Reporter: Tricia Bernstein) (JMS) (Entered: 04/18/2025)

Exhibit List re 9 Motion Hearing held on 04/8/2025 before U.S. District Judge Karen E. Schreier. (JMS) (Entered: 04/18/2025)

SEALED Exhibits offered by Priya Saxena during 9 Motion Hearing on 04/18/2025 before U.S. District Judge Karen E. Schreier. RETURNED original exhibits to counsel via Hand delivered. (JMS) (Entered: 04/18/2025)

RESTRICTED EXHIBITS offered by James Leach during 9 Motion Hearing on 04/18/2025 before U.S. District Judge Karen E. Schreier. RETURNED original exhibits to counsel via Hand delivered. The offering party must review its attached exhibits to determine if redactions are required. If redactions are required, the offering party must electronically file its documentary exhibits offered and/or received into evidence during the trial or evidentiary hearing, including ALL redacted documents and ALL documents that do not require redaction, within 21 days using the Redacted Trial/Hearing Exhibits event. This requirement excludes exhibits that were sealed when offered and/or received. If no redactions are necessary, the attached exhibits will be unrestricted in 21 days on 5/12/2025. (JMS) Modified on 4/21/2025 to correct who exhibits were offered by. (JMS). (Entered: 04/18/2025)

RESTRICTED EXHIBITS offered by Kristi Noem during 9 Motion Hearing on 04/18/2025 before U.S. District Judge Karen E. Schreier. RETURNED original exhibits to counsel via Hand Delivered. The offering party must review its attached exhibits to determine if redactions are required. If redactions are required, the offering party must electronically file its documentary exhibits offered and/or received into evidence during the trial or evidentiary hearing, including ALL redacted documents and ALL documents that do not require redaction, within 21 days using the Redacted Trial/Hearing Exhibits event. This requirement excludes exhibits that were sealed when offered and/or received. If no redactions are necessary, the attached exhibits will be unrestricted in 21 days on 5/12/2025. (JMS) (Entered: 04/18/2025)

REDACTED Exhibits by Department of Homeland Security, Todd Lyons, Kristi Noem re 13 Restricted Trial/Hearing Exhibits,,, All of the trial/hearing exhibits offered by this party are attached. Those requiring redaction have been redacted by counsel.(Hofmann, Michaele) (Entered: 04/21/2025)

ORDER Scheduling Hearing on 2 MOTION for Preliminary Injunction. Motion Hearing set for 5/13/2025 at 09:00 AM in Rapid City Courtroom 2 before U.S. District Judge Karen E. Schreier. Signed by U.S. District Judge Karen E. Schreier on 04/25/2025. (AKW) (Entered: 04/25/2025)

OBJECTION by Defendants Department of Homeland Security, Todd Lyons, Kristi Noem re 1 Complaint, 2 MOTION for Temporary Restraining Order MOTION for Permanent Injunction MOTION for Preliminary Injunction /Opposition to Plaintiff's Request for Preliminary Injunction (Hofmann, Michaele) (Entered: 04/28/2025)

MOTION to Extend Temporary Restraining Order by Priya Saxena. (Leach, James) (Entered: 04/30/2025)

STATEMENT by Defendants Department of Homeland Security, Todd Lyons, Kristi Noem re 16 Objection, 1 Complaint, 2 MOTION for Temporary Restraining Order MOTION for Permanent Injunction MOTION for Preliminary Injunction NOTICE OF FILING (Hofmann, Michaele) (Entered: 04/30/2025)

MEMORANDUM in Support re 17 MOTION to Extend Temporary Restraining Order filed by Priya Saxena. (Leach, James) (Entered: 04/30/2025)

AMENDED Opposition to Plaintiff's Request for Preliminary Injunction by Defendants Department of Homeland Security, Todd Lyons, Kristi Noem re 16 Objection, 1 Complaint, 18 Statement, 2 MOTION for Temporary Restraining Order MOTION for Permanent Injunction MOTION for Preliminary Injunction (Hofmann, Michaele) Modified on 5/2/2025 to add text (KLE). (Entered: 04/30/2025)

MEMORANDUM in Opposition re 17 MOTION to Extend Temporary Restraining Order filed by Department of Homeland Security, Todd Lyons, Kristi Noem. (Hofmann, Michaele) (Entered: 05/01/2025)

REPLY MEMORANDUM to Motion Response in SUPPORT re 17 MOTION to Extend Temporary Restraining Order filed by Priya Saxena. (Leach, James) Modified on 5/2/2025 to add text (KLE). (Entered: 05/02/2025)

Witness List by Priya Saxena.(Leach, James) (Entered: 05/02/2025)

SUPPLEMENTAL Authorities by Plaintiff Priya Saxena in Suport of 22 Reply to Motion Response re extension of TRO. in re 17 Motion to Extend Temporary Restraining Order (Leach, James) Modified on 5/2/2025 to link to original motion (KLE). (Entered: 05/02/2025)

ORDER granting 17 Motion to Extend Temporary Restraining Order. Signed by U.S. District Judge Karen E. Schreier on 05/02/2025. (MSB) (Entered: 05/02/2025)

Witness List by Department of Homeland Security, Todd Lyons, Kristi Noem.(Hofmann, Michaele) (Entered: 05/05/2025)

Set/Reset Hearings

Set Hearings: Motion Hearing set for 5/13/2025 at 10:00 AM CST in Sioux Falls Courtroom 2 before U.S. District Judge Karen E. Schreier. Remote Video Conference Location set for 5/13/2025 at 09:00 AM MDT in Rapid City Courtroom 2. (SLT)

REPLY to Motion Response re 2 MOTION for Temporary Restraining Order MOTION for Permanent Injunction MOTION for Preliminary Injunction filed by Priya Saxena. (Leach, James) (Entered: 05/09/2025)

DECLARATION of James D. Leach re 27 Reply to Motion Response . (Attachments: # 1 Exhibit Affidavit of Jasmin Farmakes, Ph.D., re blood alcohol test results, # 2 Exhibit US Dept of State Guidance Directive 2016-03, # 3 Exhibit Email between counsel May 7, 2025, and May 9, 2025) (Leach, James) (Entered: 05/09/2025)

1 Exhibit Affidavit of Jasmin Farmakes, Ph.D., re blood alcohol test results

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2 Exhibit US Dept of State Guidance Directive 2016-03

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3 Exhibit Email between counsel May 7, 2025, and May 9, 2025

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DECLARATION of MICHAELE S. HOFMANN re 16 Objection, 20 Objection, . (Attachments: # 1 Exhibit 1 - Decl of Andre Watson, # 2 Exhibit 2 - Decl of James Hicks, # 3 Exhibit 3 - Decl of Michelle Young, # 4 Exhibit 4 - Information - 46CR121-000626, # 5 Exhibit 5 - Judgment - 46CR121-000626, # 6 Exhibit 6 - US Dept of State Foreign Affairs Manual - 9 FAM 403.11, # 7 Exhibit 7 - Termination Reasons - SEVIS Help Hub, # 8 Exhibit 8 - Immigration Procedures Handbook § 2:39) (Hofmann, Michaele) (Entered: 05/12/2025)

1 Exhibit 1 - Decl of Andre Watson

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2 Exhibit 2 - Decl of James Hicks

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3 Exhibit 3 - Decl of Michelle Young

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4 Exhibit 4 - Information - 46CR121-000626

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5 Exhibit 5 - Judgment - 46CR121-000626

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6 Exhibit 6 - US Dept of State Foreign Affairs Manual - 9 FAM 403.11

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7 Exhibit 7 - Termination Reasons - SEVIS Help Hub

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8 Exhibit 8 - Immigration Procedures Handbook § 2:39

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RESPONSE to 29 Declaration,, of M. Hofmann filed by Priya Saxena. (Leach, James) (Entered: 05/12/2025)

MOTION to Seal Document, MOTION to Seal Existing Document 29 Declaration,, Motion to Seal Existing Document 29-4 by Department of Homeland Security, Todd Lyons, Kristi Noem. (Attachments: # 1 Proposed Order Proposed Order to Seal) (Hofmann, Michaele) (Entered: 05/12/2025)

Notice of Unrestricting 12 Restricted Trial/Hearing Exhibits offered by Priya Saxena. (KLE)

Notice of Unrestricting Trial/Hearing Exhibits

NOTICE by Priya Saxena of Recent (May 12, 2025) Additional Authority. (Leach, James) (Entered: 05/13/2025)

NOTICE of Scrivener's Error by Priya Saxena in re 27 Reply to Motion Response (Leach, James) Modified on 5/13/2025 to link to document referred to (KLE). (Entered: 05/13/2025)

ORDER granting 31 Motion to Seal Existing Document. Signed by U.S. District Judge Karen E. Schreier on 05/13/2025. (MSB) (Entered: 05/13/2025)

Motion Hearing held on 5/13/2025 re 2 MOTION for Preliminary Injunction filed by Priya Saxena before U.S. District Judge Karen E. Schreier. (Court Reporter: Deanna Clayborne) (MSB) (Entered: 05/13/2025)

Exhibit List re 35 Motion Hearing held on 05/13/2025 before U.S. District Judge Karen E. Schreier. (JMS) (Entered: 05/13/2025)

RESTRICTED EXHIBITS offered by Priya Saxena during 35 Motion Hearing on 05/13/2025 before U.S. District Judge Karen E. Schreier. RETURNED original exhibits to counsel via Hand Delivered. The offering party must review its attached exhibits to determine if redactions are required. If redactions are required, the offering party must electronically file its documentary exhibits offered and/or received into evidence during the trial or evidentiary hearing, including ALL redacted documents and ALL documents that do not require redaction, within 21 days using the Redacted Trial/Hearing Exhibits event. This requirement excludes exhibits that were sealed when offered and/or received. If no redactions are necessary, the attached exhibits will be unrestricted in 21 days on 6/4/2025. (JMS) (Entered: 05/13/2025)

REDACTED Exhibits by Priya Saxena re 37 Restricted Trial/Hearing Exhibits,,, All of the trial/hearing exhibits offered by this party are attached. Those requiring redaction have been redacted by counsel.(Leach, James) (Entered: 05/13/2025)

ORDER granting 2 Motion for Preliminary Injunction. Signed by U.S. District Judge Karen E. Schreier on 05/15/2025. (AKW) (Entered: 05/15/2025)

MOTION for Permanent Injunction by Priya Saxena. (Leach, James) (Entered: 05/15/2025)

MEMORANDUM in Support re 40 MOTION for Permanent Injunction filed by Priya Saxena. (Leach, James) (Entered: 05/15/2025)

NOTICE of Extension of Time to Answer or Otherwise Respond by Department of Homeland Security, Todd Lyons, Kristi Noem . (Hofmann, Michaele) (Entered: 05/23/2025)

ADMISSION of Service of Summons and Complaint served on Diana Ryan on April 17, 2025, filed by Priya Saxena. (Leach, James) (Entered: 05/23/2025)

MEMORANDUM in Opposition re 40 MOTION for Permanent Injunction filed by Department of Homeland Security, Todd Lyons, Kristi Noem. (Hofmann, Michaele) (Entered: 05/29/2025)

REPLY to Motion Response re 40 MOTION for Permanent Injunction filed by Priya Saxena. (Attachments: # 1 Exhibit Eighth Circuit Judicial Council Order February 24, 2025) (Leach, James) (Entered: 06/03/2025)

MOTION to DISMISS for Failure to State a Claim, MOTION to DISMISS for Lack of Jurisdiction by Department of Homeland Security, Todd Lyons, Kristi Noem. (Hofmann, Michaele) (Entered: 06/30/2025)

MEMORANDUM in Support re 46 MOTION to DISMISS for Failure to State a Claim MOTION to DISMISS for Lack of Jurisdiction filed by Department of Homeland Security, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit Ex A - SEVP Ltr) (Hofmann, Michaele) (Entered: 06/30/2025)

NOTICE OF INTERLOCUTORY APPEAL as to 39 Order on Motion for Preliminary Injunction by Department of Homeland Security, Todd Lyons, Kristi Noem. (Includes a request to waive the appellate filing fee.). (Hofmann, Michaele) (Entered: 07/14/2025)

TRANSMITTAL of Notice of Interlocutory Appeal to 8th Circuit Court of Appeals re 48 Notice of Appeal - Interlocutory as to 39 Order on Motion for Preliminary Injunction.. (KLE) (Entered: 07/14/2025)

MEMORANDUM in Opposition re 46 MOTION to DISMISS for Failure to State a Claim MOTION to DISMISS for Lack of Jurisdiction filed by Priya Saxena. (Leach, James) (Entered: 07/15/2025)

DECLARATION of James D. Leach re 50 Memorandum in Opposition to Motion re 46 MOTION to DISMISS for Failure to State a Claim MOTION to DISMISS for Lack of Jurisdiction filed by Priya Saxena. . (Attachments: # 1 Exhibit U.S. Citizenship & Immigration Service Notice of Approval of Application for Employment Authorization) (Leach, James) Modified on 7/15/2025 to link to original motion (KLE). (Entered: 07/15/2025)

1 Exhibit U.S. Citizenship & Immigration Service Notice of Approval of Application

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Transmittal of Subsequent Filing to 8th Circuit COA

TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re 50 Memorandum in Opposition to Motion, 51 Declaration.. (KLE)

USCA Case Number and Appeal Briefing Schedule Order for 48 Notice of Appeal - Interlocutory filed by Kristi Noem, Department of Homeland Security, Todd Lyons. USCA Case Number: 25-2416 Transcript due by 8/27/2025. (Attachments: # 1 Briefing Schedule). (TAL) (Entered: 07/18/2025)

1 Briefing Schedule

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REPLY to 46 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction filed by Department of Homeland Security, Todd Lyons, Kristi Noem. (Hofmann, Michaele) (Entered: 07/29/2025)

Transmittal of Subsequent Filing to 8th Circuit COA

TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re 53 Reply.. (KLE)

Notice of Withdrawal and Substitution of Attorney as to Department of Homeland Security, Todd Lyons, Kristi Noem. Attorney Alexis Anne Warner (USA) added. Attorney Michaele Sanders Hofmann terminated. (Warner (USA), Alexis) (Entered: 07/31/2025)

Transmittal of Subsequent Filing to 8th Circuit COA

TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re 54 Notice of Withdrawal and Substitution of Attorney.. (KLE)

TRANSCRIPT of Proceedings re 9 Motion Hearing held on April 18, 2025 before Judge Karen E. Schreier. Court Reporter: Tricia L Bernstein, Telephone number: 605-330-6613. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have twenty-one (21) calendar days to file a Redaction Request of this transcript. Release of Transcript Restriction set for 11/3/2025. (Bernstein, Tricia) (Entered: 08/04/2025)

TRANSCRIPT of Proceedings re 35 Motion Hearing held on 5-13-25 before Judge Karen Schreier. Court Reporter: Deanna Clayborne, Telephone number: 605-399-6007. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have twenty-one (21) calendar days to file a Redaction Request of this transcript. Release of Transcript Restriction set for 11/4/2025. (Clayborne, Deanna) (Entered: 08/05/2025)

APPEAL RECORD SENT with enclosed Transcripts 55 and 56 sent by Clerk's Office to Scott Lewandoski. (KLE) (Entered: 08/27/2025)

JUDGMENT of USCA granting the Government's motion to voluntarily dismiss as to 48 Notice of Appeal - Interlocutory filed by Kristi Noem, Department of Homeland Security, Todd Lyons. (TAL) (Entered: 10/31/2025)

MANDATE from 8th Circuit COA Issued in accordance with COA Judgment as to the decision of the District Court re: 48 Notice of Appeal - Interlocutory filed by Kristi Noem, Department of Homeland Security, Todd Lyons. (TAL) (Entered: 10/31/2025)

Letter to Hon. Karen E. Schreier. (Leach, James) (Entered: 11/12/2025)

Letter to Hon. Karen E. Schreier. (Leach, James) (Entered: 12/04/2025)

TEXT SCHEDULING ORDER: Status Conference set for 12/19/2025 at 05:00 PM in Rapid City Courtroom 2 before U.S. District Judge Karen E. Schreier. Signed by U.S. District Judge Karen E. Schreier on 12/9/25. (EH) (Entered: 12/09/2025)

[FILED IN ERROR] TEXT SCHEDULING ORDER: Status Conference set for 12/19/2025 at 05:00 PM in Rapid City Courtroom 2 before U.S. District Judge Karen E. Schreier. Signed by U.S. District Judge Karen E. Schreier on 12/9/25. (EH) Modified on 12/9/2025 to add text (KLE). (Entered: 12/09/2025)

Text Scheduling Order

Notice of Filing Error

NOTICE of Filing Error: 63 Text Scheduling Order was filed in error and should be disregarded. (EH) Modified on 12/9/2025 to remove restrictions (KLE).

AMENDED TEXT SCHEDULING ORDER: Status Conference set for 12/19/2025 at 01:30 PM in Rapid City Courtroom 2 before U.S. District Judge Karen E. Schreier. The clerk's office will provide the parties with a link the day prior to the hearing. Signed by U.S. District Judge Karen E. Schreier on 12/11/2025. (MG) (Entered: 12/11/2025)

Text Scheduling Order

SECOND AMENDED TEXT SCHEDULING ORDER: Status Conference set for 1/2/2026 at 03:30 PM in Rapid City Courtroom 2 before U.S. District Judge Karen E. Schreier. The clerk's office will provide the parties with a link the day prior to the hearing. Signed by U.S. District Judge Karen E. Schreier on 12/17/2025. (BD) (Entered: 12/17/2025)

Text Scheduling Order

DECLARATION of Alexis Warner re 46 MOTION to DISMISS for Failure to State a Claim MOTION to DISMISS for Lack of Jurisdiction . (Attachments: # 1 Exhibit Ex 1 - Decl of Akil Baldwin) (Warner (USA), Alexis) (Entered: 12/18/2025)

1 Exhibit Ex 1 - Decl of Akil Baldwin

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RESPONSE to 66 Declaration of Alexis Warner and Akil Baldwin filed by Priya Saxena. (Leach, James) (Entered: 12/30/2025)

Status Conference held on 1/2/2026. before U.S. District Judge Karen E. Schreier. (Court Reporter: Deanna Clayborne) (KLE) (Entered: 01/02/2026)

ORDER denying without prejudice 40 Motion for Permanent Injunction; granting in part and denying in part 46 Motion to Dismiss for Failure to State a Claim; and denying 46 Motion to Dismiss for Lack of Jurisdiction. Signed by U.S. District Judge Karen E. Schreier on 01/12/2026. (AKW)

Unopposed MOTION to Extend re 69 Order on Motion for Permanent Injunction,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Dismiss/Lack of Jurisdiction, OF TIME TO ANSWER by Department of Homeland Security, Todd Lyons, Kristi Noem. (Warner (USA), Alexis) (Entered: 01/20/2026)

ORDER granting 70 Motion to Extend Deadline to File an Answer. Signed by U.S. District Judge Karen E. Schreier on 01/21/2026. (AKW) (Entered: 01/21/2026)

Summary Judgment

Declaration

Statement of Material Facts

Memorandum in Support of Motion

Answer to Complaint

Order

Response to Motion

Response

Extend

Order on Motion to Extend