Case: Guerrero-Sandoval v. Bondi

2:25-cv-00559 | U.S. District Court for the Southern District of Ohio

Filed Date: May 19, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

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 …

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."

On August 5, the parties stipulated to the dismissal of the original lawsuit in the Southern District of Ohio, pending appeal in the Sixth Circuit. 

The case is ongoing.

Summary Authors

Scott Shuchart (5/21/2025)

Emma Vayda (6/24/2025)

Calvin OConnell (9/22/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70314007/parties/guerrero-sandoval-v-bondi/


Judge(s)

Sargus, Edmund A. (Ohio)

Attorney for Plaintiff

Katchmer, George Andrew (Ohio)

Attorney for Defendant

Yates, Christopher R (Ohio)

Documents in the Clearinghouse

Documents in this case
1

2:25-cv-00559

Complaint

May 19, 2025

May 19, 2025

Complaint
2

2:25-cv-00559

Motion for Temporary Restraining Order

May 19, 2025

May 19, 2025

Pleading / Motion / Brief
5

2:25-cv-00559

First Amended Complaint

May 22, 2025

May 22, 2025

Complaint
7

2:25-cv-00559

Opinion and Order

May 22, 2025

May 22, 2025

Order/Opinion

2025 WL 1477059

5

25-03398

Emergency Motion for Stay and Restraining Order

U.S. Court of Appeals for the Sixth Circuit

May 27, 2025

May 27, 2025

Pleading / Motion / Brief
11-2

25-03398

Order

U.S. Court of Appeals for the Sixth Circuit

May 30, 2025

May 30, 2025

Order/Opinion

2025 WL 1477059

11

2:25-cv-00559

Order

U.S. Court of Appeals for the Sixth Circuit

June 2, 2025

June 2, 2025

Order/Opinion
14

2:25-cv-00559

Stipulation of Dismissal

Aug. 5, 2025

Aug. 5, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70314007/guerrero-sandoval-v-bondi/

Last updated July 22, 2026, 4:21 a.m.

ECF Number Date Description Link
1 May 19, 2025

COMPLAINT against All Defendants ( Filing fee $ 405 paid - receipt number: AOHSDC-10516360), filed by Carmen Guerrero-Sandoval. (Katchmer, George) (Entered: 05/19/2025)

Clearinghouse
2 May 19, 2025

MOTION for Temporary Restraining Order by Plaintiff Carmen Guerrero-Sandoval. (Katchmer, George) (Entered: 05/19/2025)

Clearinghouse
3 May 20, 2025

NOTICE of Hearing: Rule 65.1 Telephone Conference set for 5/22/2025 at 01:30 PM via Teleconference before Judge Edmund A. Sargus. (cmw) (Entered: 05/20/2025)

RECAP
4 May 20, 2025

NOTICE of Appearance by Christopher R Yates for Defendants Pam Bondi, Kristi Noem (Attachments: # 1 Exhibit A) Butt, ex rel., Q.T.R. v. Sessions, et al., 2019 WL 2928892 (S.D. Ohio, July 8, 2019) J. Morrison, # 2 Exhibit B) Butt, ex rel., Q.T.R. v. Barr, et al., 954 F.3d 901 (6th Cir. 2020)) (Yates, Christopher) (Entered: 05/20/2025)

1 Exhibit A) Butt, ex rel., Q.T.R. v. Sessions, et al., 2019 WL 2928892 (S.D. Ohio

View on RECAP

2 Exhibit B) Butt, ex rel., Q.T.R. v. Barr, et al., 954 F.3d 901 (6th Cir. 2020)

View on PACER

RECAP
5 May 22, 2025

AMENDED COMPLAINT against All Defendants, filed by Carmen Guerrero-Sandoval. (Katchmer, George) (Entered: 05/22/2025)

Clearinghouse
6 May 22, 2025

Minute Entry for proceedings held before Judge Edmund A. Sargus: Rule 65.1 Telephone Conference held on 5/22/2025. (Court Reporter: Crystal Hatchett) (cmw) (Entered: 05/22/2025)

RECAP
7 May 22, 2025

OPINION AND ORDER denying 2 Plaintiffs' Motion for a Temporary Restraining Order. Signed by Judge Edmund A. Sargus on 5/22/2025. (cmw) (Entered: 05/22/2025)

Clearinghouse
May 22, 2025

Status Conference

8 May 26, 2025

NOTICE OF INTERLOCUTORY APPEAL (Filing fee has been paid, receipt number AOHSDC-10524190) by Plaintiff Carmen Guerrero-Sandoval. (Katchmer, George) (Entered: 05/26/2025)

RECAP
9 May 26, 2025

NOTICE by Plaintiff Carmen Guerrero-Sandoval re 8 Notice of Interlocutory Appeal (Katchmer, George) (Entered: 05/26/2025)

RECAP
10 May 27, 2025

USCA Case Number 25-3398 for 8 Notice of Interlocutory Appeal filed by Carmen Guerrero-Sandoval; case manager Sharday S. Swain, 513-564-7027. (er) (Entered: 05/28/2025)

RECAP
11 June 2, 2025

ORDER of USCA - Accordingly, we DENY Plaintiffs motion for a stay of the district court's order and a restraining order. as to 8 Notice of Interlocutory Appeal filed by Carmen Guerrero-Sandoval Note: No Mandate details noted. (pb) (Entered: 06/02/2025)

Clearinghouse
12 July 23, 2025

ORDER of USCA as to 8 Notice of Interlocutory Appeal filed by Carmen Guerrero-Sandoval: The appeal has been voluntarily dismissed. Note: No Mandate to issue. (er) (Entered: 07/24/2025)

RECAP
13 July 29, 2025

NOTATION ORDER - On 7/23/2025, the Sixth Circuit granted Plaintiffs' motion to voluntarily dismiss their appeal as moot. (Doc. 12 ; see also Case No. 25-3398 (6th Cir. July 23, 2025) (Doc. 14 )). As such, the parties are ORDERED to file a joint status report within fourteen (14) days of the date of this Order, proposing next steps for this action and/or a case schedule. Signed by Magistrate Judge Kimberly A. Jolson on 7/29/25. (jr) (Entered: 07/29/2025)

RECAP
July 29, 2025

Order

14 Aug. 5, 2025

STIPULATION of Dismissal Upon consultation and consent of the parties, counsel for Plaintiffs, and counsel for Defendants, hereby dismiss this case pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, without prejudice. Each party shall bear its own costs and fees. by Defendants Pam Bondi, Kristi Noem. (Yates, Christopher) (Entered: 08/05/2025)

Clearinghouse
Aug. 5, 2025

***Civil Case Terminated. (jr)

Aug. 6, 2025

Terminate Civil Case

Case Details

State / Territory:

Ohio

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 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):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Homeland Security

Department of Justice

Defendant Type(s):

Jurisdiction-wide

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):

Birthright Citizenship

Due Process

Equal Protection

Other Dockets:

Southern District of Ohio 2:25-cv-00559

U.S. Court of Appeals for the Sixth Circuit 25-03398

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Constitutional rights

Deportation - procedure

Undocumented immigrants - rights and duties

Recommended Citation