Filed Date: May 19, 2025
Case Ongoing
Clearinghouse coding complete
On May 19, 2025, a noncitizen filed this lawsuit in the United States District Court for the Southern District of Ohio on behalf of her unborn child and her nine-year-old son, a United States citizen. She challenged her own removal from the United States, alleging that it would violate the equal protection rights of her children, their Ninth and Tenth Amendment rights, and various international treaties. The case was assigned to District Judge Edmund A. Sargus Jr.
Plaintiffs filed a motion for a Temporary Restraining Order (TRO) on May 19. Three days later, they filed an amended complaint correcting the mother's country of citizenship from Mexico to El Salvador and adding claims under Ohio state law. That same day, the court denied plaintiffs' motion, finding that they were unable to grant the requested relief under federal law and Sixth Circuit precedent.
On May 26, plaintiffs filed a notice of appeal with the U.S. Court of Appeals for the Sixth Circuit. The following day, they filed an emergency motion seeking a stay of the district court's order and a TRO. On May 30, the Court of Appeals denied the motion, finding that plaintiffs had not demonstrated a likelihood of success on any of their claims. Citing its own precedent, the court held that "no federal court has the authority to review the order or removal of the [parent] to determine whether a violation of the [child's] constitutional rights renders the imposition of the [parent's] removal order invalid."
The case is ongoing.
Summary Authors
Scott Shuchart (5/21/2025)
Emma Vayda (6/24/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70314007/parties/guerrero-sandoval-v-bondi/
Sargus, Edmund A. (Ohio)
Katchmer, George Andrew (Ohio)
Yates, Christopher R (Ohio)
See docket on RECAP: https://www.courtlistener.com/docket/70314007/guerrero-sandoval-v-bondi/
Last updated Aug. 21, 2025, 4:28 p.m.
State / Territory: Ohio
Case Type(s):
Special Collection(s):
Trump 1.0 & 2.0 Immigration Enforcement Order Challenges
Trump Administration 2.0: Challenges to the Government
Trump Administration 2.0: Challenges to the Government (Immigration Enforcement)
Key Dates
Filing Date: May 19, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Mexican noncitizen as next friend to her U.S. citizen child and her unborn child
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Department of Homeland Security (- United States (national) -), Federal
Department of Justice (- United States (national) -), Federal
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Immigration/Border: