Case: President and Fellows of Harvard College v. United States Department of Homeland Security

1:25-cv-11472 | U.S. District Court for the District of Massachusetts

Filed Date: May 23, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 23, 2025, Harvard University filed this lawsuit in the District of Massachusetts challenging the Department of Homeland Security's cancellation, on May 22, of Harvard's ability to enroll F-1 students through the Student and Exchange Visitor Program (SEVP), or employ J-1 nonimmigrants under the Exchange Visitor Program (EVP). Other defendants are the Departments of Justice and State, U.S. Immigration and Customs Enforcement, and various heads of those agencies. The complaint alleged that …

On May 23, 2025, Harvard University filed this lawsuit in the District of Massachusetts challenging the Department of Homeland Security's cancellation, on May 22, of Harvard's ability to enroll F-1 students through the Student and Exchange Visitor Program (SEVP), or employ J-1 nonimmigrants under the Exchange Visitor Program (EVP). Other defendants are the Departments of Justice and State, U.S. Immigration and Customs Enforcement, and various heads of those agencies. The complaint alleged that the revocations were unlawful retaliation for Harvard's efforts to resist other Trump administration efforts to control its conduct and speech, and in violation of the law and regulations governing the foreign student programs, in violation of the First and Fifth Amendments and the Administrative Procedure Act. The case was assigned to District Judge Allison Dale Burroughs.

Also on May 23, Harvard filed a motion for a Temporary Restraining Order (TRO) to restore its access to the visa programs. Later that day, Judge Burroughs granted the TRO, restoring Harvard's status as a sponsor of foreign students and workers. After a hearing on May 29, 2025, the Court ordered that the TRO remain in place while parties confer and submit either a joint proposed Preliminary Injunction (PI) Order or individual proposed Orders for the judge to consider, after which time a final PI order will be issued.

On June 5, following the issuance of a presidential proclamation immediately suspending the entry of all foreign nationals "who enter or attempt to enter the United States to begin attending Harvard," plaintiffs filed an amended complaint asserting additional claims, including violations of the First and Fifth Amendments and ultra vires action exceeding statutory authority. That same day, plaintiffs filed a renewed motion for a TRO, which the court granted to preserve the status quo pending further proceedings. A PI motion hearing was scheduled for June 16. 

Plaintiffs filed a motion on June 12 to enter a proposed PI order that implemented the court's directive to maintain the status quo with respect to Harvard's SEVP certification and EVP designation while the administrative process contemplated by the government's Notice of Intent to Withdraw (NOIW) proceeded. 

On June 20, following a hearing, the court granted plaintiffs' PI motion, enjoining defendants from enforcing the May 22 Revocation Notice concerning plaintiff's SEVP certification and EVP designation. Defendants were ordered to disregard the Notice and restore visa holders and applicants to their prior status. In an opinion issued on June 23, the court found that the June 4 presidential proclamation exceeded the scope of presidential authority under the Immigration and Nationality Act (INA) and infringed upon constitutional rights, including freedom of speech and academic autonomy.

On July 1, 2025, Defendants filed an appeal to the U.S. Court of Appeals for the First Circuit. 

The case is ongoing.

Summary Authors

Scott Shuchart (5/23/2025)

Emma Vayda (6/25/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70349156/parties/president-and-fellows-of-harvard-college-v-united-states-department-of/


Judge(s)

Burroughs, Allison Dale (Massachusetts)

Attorney for Plaintiff

Bhabha, Ishan (Massachusetts)

Burck, William A. (Massachusetts)

Attorney for Defendant

Davis, Tiberius T (Massachusetts)

Expert/Monitor/Master/Other

Bahal, Tasha J. (Massachusetts)

show all people

Documents in the Clearinghouse

Document
4

1:25-cv-11472

Motion for a Temporary Restraining Order

May 23, 2025

May 23, 2025

Pleading / Motion / Brief
4-1

1:25-cv-11472

Memorandum in Support of Plaintiff's Emergency Motion for a Temporary Restraining Order

May 23, 2025

May 23, 2025

Pleading / Motion / Brief
11

1:25-cv-11472

Order Granting Plaintiff's Motion For a Temporary Restraining Order

May 23, 2025

May 23, 2025

Order/Opinion

2025 WL 1479077

1

1:25-cv-11472

Complaint

May 23, 2025

May 23, 2025

Complaint
54

1:25-cv-11472

Amended Complaint

June 5, 2025

June 5, 2025

Complaint
59

1:25-cv-11472

Order Granting Plaintiff's Motion for a Temporary Restraining Order

June 5, 2025

June 5, 2025

Order/Opinion

2025 WL 1588636

56

1:25-cv-11472

Motion for a Temporary Restraining Order

June 5, 2025

June 5, 2025

Pleading / Motion / Brief
62

1:25-cv-11472

Motion to Enter Plaintiff's Proposed Preliminary Injunction Order

June 12, 2025

June 12, 2025

Pleading / Motion / Brief
73

1:25-cv-11472

Order Granting Plaintiff's Motion for a Preliminary Injunction

June 20, 2025

June 20, 2025

Order/Opinion

2025 WL 1719206

75

1:25-cv-11472

Memorandum and Order

June 23, 2025

June 23, 2025

Order/Opinion

2025 WL 1737493

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70349156/president-and-fellows-of-harvard-college-v-united-states-department-of/

Last updated Aug. 21, 2025, 4:13 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Filing fee: $ 405, receipt number AMADC-11026907 (Fee Status: Filing Fee paid), filed by President and Fellows of Harvard College. (Attachments: # 1 Exhibit 1. DHS Appeals Website, # 2 Exhibit 2. ICE Appeals Website, # 3 Exhibit 3. DHS Loss of SEVP Certification Website, # 4 Exhibit 4. February 3, 2025 DOJ Press Release, # 5 Exhibit 5. February 26, 2025 Jewish News Syndicate Article, # 6 Exhibit 6. February 28, 2025 DOJ Press Release, # 7 Exhibit 7. March 31, 2025 Federal Task Force Letter to Harvard, # 8 Exhibit 8. April 3, 2025 Federal Task Force Letter to Harvard, # 9 Exhibit 9. April 11, 2025 Federal Task Force Demand Letter to Harvard, # 10 Exhibit 10. Garber Letter, Promise of American Education, # 11 Exhibit 11. April 14, 2025 Letter from Harvard, # 12 Exhibit 12. April 14, 2025 Funding Freeze Order, # 13 Exhibit 13. April 15, 2025 Truth Social Post, # 14 Exhibit 14. April 15, 2025 New York Times Article, # 15 Exhibit 15. April 16, 2025 President Trump Truth Social Post, # 16 Exhibit 16. April 16, 2025 DHS Records Request, # 17 Exhibit 17. April 16, 2025 DHS Press Release re: Records Request, # 18 Exhibit 18. April 24, 2025 President Trump Truth Social Post, # 19 Exhibit 19. April 30, 2025 Letter from Harvard, # 20 Exhibit 20. May 2, 2025 President Trump Truth Social Post, # 21 Exhibit 21. May 5, 2025 Secretary McMahon Letter to Harvard, # 22 Exhibit 22. May 7, 2025 DHS E-Mail to Harvard, # 23 Exhibit 23. May 13 & 14, 2025 DHS E-Mails with Harvard, # 24 Exhibit 24. May 14, 2025 Harvard Production Letter, # 25 Exhibit 25. May 22, 2025 DHS Decertification Letter, # 26 Exhibit 26. May 22, 2025 Noem Tweet, # 27 Exhibit 27. May 22, 2025 DHS Press Release, # 28 Exhibit 28. March 28, 2025 Garber Message, Our Resolve, # 29 Civil Cover Sheet, # 30 Category Form, # 31 Supplement Certification of Basis for Designating as Related Case)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Exhibit 1. DHS Appeals Website

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2 Exhibit 2. ICE Appeals Website

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3 Exhibit 3. DHS Loss of SEVP Certification Website

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4 Exhibit 4. February 3, 2025 DOJ Press Release

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5 Exhibit 5. February 26, 2025 Jewish News Syndicate Article

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6 Exhibit 6. February 28, 2025 DOJ Press Release

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7 Exhibit 7. March 31, 2025 Federal Task Force Letter to Harvard

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8 Exhibit 8. April 3, 2025 Federal Task Force Letter to Harvard

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9 Exhibit 9. April 11, 2025 Federal Task Force Demand Letter to Harvard

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10 Exhibit 10. Garber Letter, Promise of American Education

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11 Exhibit 11. April 14, 2025 Letter from Harvard

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12 Exhibit 12. April 14, 2025 Funding Freeze Order

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13 Exhibit 13. April 15, 2025 Truth Social Post

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14 Exhibit 14. April 15, 2025 New York Times Article

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15 Exhibit 15. April 16, 2025 President Trump Truth Social Post

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16 Exhibit 16. April 16, 2025 DHS Records Request

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17 Exhibit 17. April 16, 2025 DHS Press Release re: Records Request

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18 Exhibit 18. April 24, 2025 President Trump Truth Social Post

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19 Exhibit 19. April 30, 2025 Letter from Harvard

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20 Exhibit 20. May 2, 2025 President Trump Truth Social Post

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21 Exhibit 21. May 5, 2025 Secretary McMahon Letter to Harvard

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22 Exhibit 22. May 7, 2025 DHS E-Mail to Harvard

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23 Exhibit 23. May 13 & 14, 2025 DHS E-Mails with Harvard

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24 Exhibit 24. May 14, 2025 Harvard Production Letter

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25 Exhibit 25. May 22, 2025 DHS Decertification Letter

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26 Exhibit 26. May 22, 2025 Noem Tweet

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27 Exhibit 27. May 22, 2025 DHS Press Release

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28 Exhibit 28. March 28, 2025 Garber Message, Our Resolve

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29 Civil Cover Sheet

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30 Category Form

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31 Supplement Certification of Basis for Designating as Related Case

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May 23, 2025

May 23, 2025

Clearinghouse
10

NOTICE of Appearance by Jacob Richards on behalf of President and Fellows of Harvard College (Richards, Jacob) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

RECAP
11

Judge Allison D. Burroughs: ORDER entered granting 4 Motion for Temporary Restraining Order. Plaintiff shall serve defendants a copy of this order. (KF) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

Clearinghouse
12

ELECTRONIC NOTICE of Hearing. Status Conference set for 5/27/2025 09:30 AM in Remote Proceeding : Boston before Judge Allison D. Burroughs. Plaintiff shall notify defendants of hearing date. (KF) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

PACER
13

ELECTRONIC NOTICE of Hearing. Preliminary Injunction Hearing set for 5/29/2025 10:30 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs. Plaintiff shall notify defendants of hearing date. (KF) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

PACER
14

MOTION for Leave to Appear Pro Hac Vice for admission of Lauren J. Hartz Filing fee: $ 125, receipt number AMADC-11028249 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Affidavit of Lauren J. Hartz)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Affidavit Affidavit of Lauren J. Hartz

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May 23, 2025

May 23, 2025

RECAP
15

MOTION for Leave to Appear Pro Hac Vice for admission of Scott A. Keller Filing fee: $ 125, receipt number AMADC-11028285 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Affidavit of Scott A. Keller)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Affidavit Affidavit of Scott A. Keller

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May 23, 2025

May 23, 2025

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16

MOTION for Leave to Appear Pro Hac Vice for admission of Serena M. Orloff Filing fee: $ 125, receipt number AMADC-11028296 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Affidavit of Serena M. Orloff)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Affidavit Affidavit of Serena M. Orloff

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May 23, 2025

May 23, 2025

RECAP
17

MOTION for Leave to Appear Pro Hac Vice for admission of Shannon G. Denmark Filing fee: $ 125, receipt number AMADC-11028308 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Affidavit of Shannon G. Denmark)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Affidavit Affidavit of Shannon G. Denmark

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May 23, 2025

May 23, 2025

RECAP
18

MOTION for Leave to Appear Pro Hac Vice for admission of Katherine C. Yarger Filing fee: $ 125, receipt number AMADC-11028317 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Affidavit of Katherine C. Yarger)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Affidavit Affidavit of Katherine C. Yarger

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May 23, 2025

May 23, 2025

RECAP
19

MOTION for Leave to Appear Pro Hac Vice for admission of Joshua P. Morrow Filing fee: $ 125, receipt number AMADC-11028328 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Affidavit of Joshua P. Morrow)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Affidavit Affidavit of Joshua P. Morrow

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May 23, 2025

May 23, 2025

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2

CORPORATE DISCLOSURE STATEMENT by President and Fellows of Harvard College. (Lehotsky, Steven) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

RECAP
20

MOTION for Leave to Appear Pro Hac Vice for admission of Danielle K. Goldstein Filing fee: $ 125, receipt number AMADC-11028338 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Affidavit of Danielle K. Goldstein)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Affidavit Affidavit of Danielle K. Goldstein

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May 23, 2025

May 23, 2025

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21

MOTION for Leave to Appear Pro Hac Vice for admission of Ishan Bhabha Filing fee: $ 125, receipt number AMADC-11028346 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Affidavit of Ishan Bhabha)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Affidavit Affidavit of Ishan Bhabha

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May 23, 2025

May 23, 2025

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22

MOTION for Leave to Appear Pro Hac Vice for admission of Ian Heath Gershengorn Filing fee: $ 125, receipt number AMADC-11028367 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Affidavit of Ian Heath Gershengorn)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Affidavit Affidavit of Ian Heath Gershengorn

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May 23, 2025

May 23, 2025

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23

MOTION for Leave to Appear Pro Hac Vice for admission of Andrianna Kastanek Filing fee: $ 125, receipt number AMADC-11028375 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Affidavit of Andrianna Kastanek)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Affidavit Affidavit of Andrianna Kastanek

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May 23, 2025

May 23, 2025

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24

MOTION for Leave to Appear Pro Hac Vice for admission of William A. Burck Filing fee: $ 125, receipt number AMADC-11028386 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Affidavit of William A. Burck)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Affidavit Affidavit of William A. Burck

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May 23, 2025

May 23, 2025

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25

MOTION for Leave to Appear Pro Hac Vice for admission of Robert K. Hur Filing fee: $ 125, receipt number AMADC-11028388 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Affidavit of Robert K. Hur)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Affidavit Affidavit of Robert K. Hur

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May 23, 2025

May 23, 2025

RECAP
26

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 14, 15, 17, 19, 20, 21, 24, and 25, Motions for Leave to Appear Pro Hac Vice. Added Lauren J. Hartz, Scott A. Keller, Shannon G. Denmark, Joshua P. Morrow, Danielle K. Goldstein, Ishan Bhabha, William A. Burck, andRobert K. Hur Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (CAM) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

PACER
27

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 16, 18, 22,and 23, Motions for Leave to Appear Pro Hac Vice of Serena M. Orloff, Katherine C. Yarger, Ian Heath Gershengorn andAndrianna Kastanek Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm. Notices of Appearance must be entered on the docket by each newly admitted attorney.Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause.(CAM) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

PACER
28

NOTICE of Appearance by Ishan Bhabha on behalf of President and Fellows of Harvard College (Bhabha, Ishan) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

RECAP
29

NOTICE of Appearance by Lauren J. Hartz on behalf of President and Fellows of Harvard College (Hartz, Lauren) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

RECAP
3

MOTION for Leave to File Excess Pages by President and Fellows of Harvard College. (Attachments: # 1 Text of Proposed Order)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Text of Proposed Order

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May 23, 2025

May 23, 2025

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4

MOTION for Temporary Restraining Order by President and Fellows of Harvard College. (Attachments: # 1 Supplement Memorandum in Support, # 2 Text of Proposed Order, # 3 Affidavit Lehotsky Declaration, # 4 Affidavit Martin Declaration, # 5 Affidavit Elliott Declaration)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Supplement Memorandum in Support

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2 Text of Proposed Order

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3 Affidavit Lehotsky Declaration

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4 Affidavit Martin Declaration

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5 Affidavit Elliott Declaration

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May 23, 2025

May 23, 2025

Clearinghouse
5

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (SP) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

PACER
6

Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING 3 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (CAM) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

PACER
7

Entered in error. (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

RECAP
8

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (NVB) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

RECAP
9

MEMORANDUM in Support re 4 MOTION for Temporary Restraining Order filed by President and Fellows of Harvard College. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Lehotsky Declaration, # 3 Affidavit Martin Declaration, # 4 Affidavit Elliott Declaration)(Lehotsky, Steven) (Entered: 05/23/2025)

1 Text of Proposed Order

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2 Affidavit Lehotsky Declaration

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3 Affidavit Martin Declaration

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4 Affidavit Elliott Declaration

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May 23, 2025

May 23, 2025

RECAP

Order on Motion for Leave to File Excess Pages

May 23, 2025

May 23, 2025

PACER

Notice of Case Assignment

May 23, 2025

May 23, 2025

PACER

Notice of Hearing

May 23, 2025

May 23, 2025

PACER

General Order 19-02

May 23, 2025

May 23, 2025

PACER

Order AND ~Util - Terminate Motions

May 23, 2025

May 23, 2025

PACER

Order AND ~Util - Add and Terminate Attorneys AND ~Util - Terminate Motions

May 23, 2025

May 23, 2025

PACER
30

NOTICE of Appearance by Ian Heath Gershengorn on behalf of President and Fellows of Harvard College (Gershengorn, Ian) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

RECAP
31

NOTICE of Appearance by Andrianna Kastanek on behalf of President and Fellows of Harvard College (Kastanek, Andrianna) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

RECAP
32

Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 5/27/2025. Colloquy re: schedule. Thursday's hearing date works for all parties. Plaintiff will be submitting a revised order for PI and supplemental declaration before the hearing. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Lehotsky, Gershengorn, Hartz, Richards. Bhabha, Davis, Hickey, Farqhar) (KF) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
33

NOTICE of Appearance by Serena M. Orloff on behalf of President and Fellows of Harvard College (Orloff, Serena) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

RECAP
34

NOTICE of Appearance by Scott Allen Keller on behalf of President and Fellows of Harvard College (Keller, Scott) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

RECAP
35

NOTICE of Appearance by Katherine Yarger on behalf of President and Fellows of Harvard College (Yarger, Katherine) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

RECAP
36

NOTICE of Appearance by Shannon Grammel Denmark on behalf of President and Fellows of Harvard College (Denmark, Shannon) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

RECAP
37

NOTICE of Appearance by Danielle Kerker Goldstein on behalf of President and Fellows of Harvard College (Goldstein, Danielle) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

RECAP
38

NOTICE of Appearance by Joshua Paul Morrow on behalf of President and Fellows of Harvard College (Morrow, Joshua) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

RECAP
39

NOTICE of Appearance by Robert K. Hur on behalf of President and Fellows of Harvard College (Hur, Robert) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

RECAP

Status Conference

May 27, 2025

May 27, 2025

PACER
40

NOTICE of Appearance by Tiberius T Davis on behalf of Pamela Bondi, John Doe, James Hicks, Todd Lyons, Kristi Noem, Marco Rubio, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement (Davis, Tiberius) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

RECAP
41

NOTICE of Appearance by William A. Burck on behalf of President and Fellows of Harvard College (Burck, William) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

RECAP
42

NOTICE of Appearance by Tasha J. Bahal on behalf of COMMONWEALTH OF MASSACHUSETTS (Bahal, Tasha) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

RECAP
43

MOTION for Leave to File Amicus Brief by COMMONWEALTH OF MASSACHUSETTS. (Attachments: # 1 Exhibit Proposed amicus brief)(Bahal, Tasha) (Entered: 05/28/2025)

1 Exhibit Proposed amicus brief

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May 28, 2025

May 28, 2025

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44

SUMMONS Returned Executed as to US Attorney by President and Fellows of Harvard College. All Defendants. (Gershengorn, Ian) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

RECAP
45

Proposed Document(s) submitted by President and Fellows of Harvard College. Document received: Proposed Order Granting Plaintiff's Motion for a Preliminary Injunction. (Gershengorn, Ian) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

RECAP
46

DECLARATION re 9 Memorandum in Support of Motion, / Supplemental Declaration of Maureen Martin by President and Fellows of Harvard College. (Gershengorn, Ian) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

RECAP
47

Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING 43 Motion for Leave to File Amicus Brief ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (CAM) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER
48

MEMORANDUM in Support re 4 MOTION for Temporary Restraining Order Amicus Brief filed by Commonwealth of Massachusetts. (Bahal, Tasha) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

RECAP

Order on Motion for Leave to File Document

May 28, 2025

May 28, 2025

PACER
49

NOTICE by Pamela Bondi, John Doe, James Hicks, Todd Lyons, Kristi Noem, Marco Rubio, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement Notice of Filing (Davis, Tiberius) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

RECAP
50

Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Hearing on Preliminary Injunction held on 5/29/2025. Notice of Intent to Withdraw SEVP certification was sent to Harvard last night (5/28/25). TRO will remain in place while parties confer and submit either a joint proposed PI Order or individual proposed Orders for the judge to consider, after which time a final PI order will be issued. Status quo to remain in place while the Notice of Intent to Withdraw process is ongoing. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Bhabha, Gershengorn, Hartz, Lehotsky, Orloff, Davis, Farqhar) (KF) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

PACER
51

NOTICE of Appearance by Rayford A. Farquhar on behalf of Pamela Bondi, John Doe, James Hicks, Todd Lyons, Kristi Noem, Marco Rubio, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement (Farquhar, Rayford) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

RECAP

Hearing - Other

May 29, 2025

May 29, 2025

PACER
52

Transcript of Hearing held on May 29, 2025, before Judge Allison D. Burroughs. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com. Redaction Request due 6/20/2025. Redacted Transcript Deadline set for 6/30/2025. Release of Transcript Restriction set for 8/28/2025. (DRK) (Entered: 05/30/2025)

May 30, 2025

May 30, 2025

PACER
53

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 05/30/2025)

May 30, 2025

May 30, 2025

PACER

Notice of Filing of Official Transcript

May 30, 2025

May 30, 2025

PACER
54

AMENDED COMPLAINT against All Defendants, filed by President and Fellows of Harvard College. (Attachments: # 1 Exhibit 29 - Truth Social Post 8:27 am (May 26), # 2 Exhibit 30 - Truth Social Post 8:42 am (May 26), # 3 Exhibit 31 - Politico Article White House Meeting (May 30), # 4 Exhibit 32 - CNN Article (May 31), # 5 Exhibit 33 - Department of State Cable (May 30), # 6 Exhibit 34 - Politico Article (May 30), # 7 Exhibit 35 - Proclamation (June 4), # 8 Exhibit 36 - Proclamation Fact Sheet (June 4), # 9 Exhibit 37 - Hong Kong Press Release (May 23))(Lehotsky, Steven) (Entered: 06/05/2025)

1 Exhibit 29 - Truth Social Post 8:27 am (May 26)

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2 Exhibit 30 - Truth Social Post 8:42 am (May 26)

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3 Exhibit 31 - Politico Article White House Meeting (May 30)

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4 Exhibit 32 - CNN Article (May 31)

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5 Exhibit 33 - Department of State Cable (May 30)

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6 Exhibit 34 - Politico Article (May 30)

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7 Exhibit 35 - Proclamation (June 4)

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8 Exhibit 36 - Proclamation Fact Sheet (June 4)

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9 Exhibit 37 - Hong Kong Press Release (May 23)

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June 5, 2025

June 5, 2025

Clearinghouse
55

MOTION for Leave to File Excess Pages by President and Fellows of Harvard College. (Attachments: # 1 Text of Proposed Order)(Lehotsky, Steven) (Entered: 06/05/2025)

1 Text of Proposed Order

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June 5, 2025

June 5, 2025

RECAP
56

MOTION for Temporary Restraining Order by President and Fellows of Harvard College.(Lehotsky, Steven) (Entered: 06/05/2025)

June 5, 2025

June 5, 2025

Clearinghouse
57

MEMORANDUM in Support re 56 MOTION for Temporary Restraining Order filed by President and Fellows of Harvard College. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Lehotsky Declaration (Supplemental))(Lehotsky, Steven) (Entered: 06/05/2025)

1 Text of Proposed Order

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2 Affidavit Lehotsky Declaration (Supplemental)

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June 5, 2025

June 5, 2025

RECAP
58

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 55 Motion for Leave to File Excess Pages. (KF) (Entered: 06/05/2025)

June 5, 2025

June 5, 2025

PACER
59

Judge Allison D. Burroughs: ORDER entered granting Motion for Temporary Restraining Order. (KF) (Entered: 06/05/2025)

June 5, 2025

June 5, 2025

Clearinghouse
60

ELECTRONIC NOTICE of Hearing.Preliminary Injunction Hearing set for 6/16/2025 10:00 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs. (KF) (Entered: 06/05/2025)

June 5, 2025

June 5, 2025

PACER

Order on Motion for Leave to File Excess Pages

June 5, 2025

June 5, 2025

PACER

Notice of Hearing

June 5, 2025

June 5, 2025

PACER
61

ELECTRONIC NOTICE OF RESCHEDULING. Time change only: Preliminary Injunction Hearing reset for 6/16/2025 10:30 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs. (CAM) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

PACER
61

ELECTRONIC NOTICE OF RESCHEDULING. Time change only: Preliminary Injunction Hearing reset for 6/16/2025 10:30 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs. (CAM) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

PACER

Notice of Rescheduling

June 9, 2025

June 9, 2025

PACER

Notice of Rescheduling

June 9, 2025

June 9, 2025

PACER
62

MOTION to Enter Plaintiff's Proposed Preliminary Injunction Order by President and Fellows of Harvard College. (Attachments: # 1 Exhibit A - Proposed Order Granting Plaintiff's Motion for a Preliminary Injunction)(Gershengorn, Ian) (Entered: 06/12/2025)

1 Exhibit A - Proposed Order Granting Plaintiff's Motion for a Preliminary In

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June 12, 2025

June 12, 2025

Clearinghouse
63

BRIEF by Pamela Bondi, John Doe, James Hicks, Todd Lyons, Kristi Noem, Marco Rubio, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement Regarding Proposed Preliminary Injunction Order. (Attachments: # 1 Exhibit Proposed Preliminary Injunction Order Redline)(Davis, Tiberius) (Entered: 06/12/2025)

1 Exhibit Proposed Preliminary Injunction Order Redline

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June 12, 2025

June 12, 2025

RECAP
64

SUMMONS Returned Executed (Attachments: # 1 Proof of Service - U.S. Department of Homeland Security, # 2 Proof of Service - John Doe, in their official capacity as Director of the Student and Exchange Visitor Program, # 3 Proof of Service - U.S. Department of Justice, # 4 Proof of Service - Jim Hicks, in his official capacity as Deputy Assistant Director of the Student and Exchange Visitor Program, # 5 Proof of Service - U.S. Immigration and Customs Enforcement, # 6 Proof of Service - Todd M. Lyons, in his official capacity as Acting Director of U.S. Immigration and Customs Enforcement, # 7 Proof of Service - Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security, # 8 Proof of Service - Marco Rubio, in his official capacity as United States Secretary of State, # 9 Proof of Service - Student Exchange and Visitor Program, # 10 Proof of Service - United States Department of State)(Gershengorn, Ian) (Entered: 06/12/2025)

1 Proof of Service - U.S. Department of Homeland Security

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2 Proof of Service - John Doe, in their official capacity as Director of the Stud

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3 Proof of Service - U.S. Department of Justice

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4 Proof of Service - Jim Hicks, in his official capacity as Deputy Assistant Dire

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5 Proof of Service - U.S. Immigration and Customs Enforcement

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6 Proof of Service - Todd M. Lyons, in his official capacity as Acting Director o

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7 Proof of Service - Kristi Noem, in her official capacity as Secretary of the Un

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8 Proof of Service - Marco Rubio, in his official capacity as United States Secre

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9 Proof of Service - Student Exchange and Visitor Program

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10 Proof of Service - United States Department of State

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June 12, 2025

June 12, 2025

RECAP
65

DECLARATION re 57 Memorandum in Support of Motion, Second Supplemental Declaration of Maureen Martin by President and Fellows of Harvard College. (Gershengorn, Ian) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

RECAP
66

MOTION for Leave to File Excess Pages by Pamela Bondi, Commonwealth of Massachusetts, John Doe, James Hicks, Todd Lyons, Kristi Noem, Marco Rubio, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Davis, Tiberius) (Entered: 06/13/2025)

1 Text of Proposed Order

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June 13, 2025

June 13, 2025

RECAP
67

MEMORANDUM in Opposition re 56 MOTION for Temporary Restraining Order filed by Pamela Bondi, John Doe, James Hicks, Todd Lyons, Kristi Noem, Marco Rubio, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit FINAL-Harvard-ASAIB-Report-4.29.25, # 2 Exhibit H. Comm. On Educ. and the Workforce, Harvard University Failed to Discipline Antisemitic Conduct Violations, # 3 Exhibit Federal Task Force to Combat Antisemitism Announces Visits to 10 College Campuses, # 4 Exhibit DOJ Announces Formation of Task Force to Combat Anti-Semitism, # 5 Exhibit DOJ, HHS, ED, and GSA Announce Initial Cancelation of Grants and Contracts to Columbia University Worth $400 Million, # 6 Exhibit Dept of Eds Office for Civil Rights Sends Letters to 60 Universities Under Investigation for Antisemitic Discrimination and Harassment, # 7 Exhibit Harvard Mag, Max J. Krupnick, Harvard Settles Antisemitism Lawsuits, # 8 Exhibit Crimson, Sally E. Edwards and Asher J. Montgomery, Hate Crimes Reported to Harvard Police, # 9 Exhibit US News, Harvard University)(Davis, Tiberius) (Entered: 06/14/2025)

1 Exhibit FINAL-Harvard-ASAIB-Report-4.29.25

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2 Exhibit H. Comm. On Educ. and the Workforce, Harvard University Failed to Discip

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3 Exhibit Federal Task Force to Combat Antisemitism Announces Visits to 10 College

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4 Exhibit DOJ Announces Formation of Task Force to Combat Anti-Semitism

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5 Exhibit DOJ, HHS, ED, and GSA Announce Initial Cancelation of Grants and Contrac

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6 Exhibit Dept of Eds Office for Civil Rights Sends Letters to 60 Universities Und

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7 Exhibit Harvard Mag, Max J. Krupnick, Harvard Settles Antisemitism Lawsuits

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8 Exhibit Crimson, Sally E. Edwards and Asher J. Montgomery, Hate Crimes Reported

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9 Exhibit US News, Harvard University

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June 14, 2025

June 14, 2025

RECAP
68

Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Hearing held on 6/16/2025. Oral arguments by the parties. Court takes matter under advisement. Current TRO will stay in effect through 6/23/25. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Gershengorn, Davis) (KF) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
69

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 66 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (KF) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER

Hearing - Other

June 16, 2025

June 16, 2025

PACER

Order on Motion for Leave to File Excess Pages

June 16, 2025

June 16, 2025

PACER
70

Transcript of Hearing held on June 16, 2025, before Judge Allison D. Burroughs. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com. Redaction Request due 7/8/2025. Redacted Transcript Deadline set for 7/18/2025. Release of Transcript Restriction set for 9/15/2025. (DRK) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
71

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
72

REPLY to Response to 56 MOTION for Temporary Restraining Order filed by President and Fellows of Harvard College. (Attachments: # 1 Declaration of Ian H. Gershengorn, # 2 Exhibit A - CRS Report, # 3 Exhibit B - Truth Social (June 11))(Gershengorn, Ian) (Entered: 06/17/2025)

1 Declaration of Ian H. Gershengorn

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2 Exhibit A - CRS Report

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3 Exhibit B - Truth Social (June 11)

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June 17, 2025

June 17, 2025

RECAP

Notice of Filing of Official Transcript

June 17, 2025

June 17, 2025

PACER
73

Judge Allison D. Burroughs: ORDER entered. Preliminary Injunction entered GRANTING 62 Motion. (CAM) (Entered: 06/20/2025)

June 20, 2025

June 20, 2025

Clearinghouse
73

Judge Allison D. Burroughs: ORDER entered. Preliminary Injunction entered GRANTING 62 Motion. (CAM) (Entered: 06/20/2025)

June 20, 2025

June 20, 2025

Clearinghouse
74

STATUS REPORT regarding Court's Preliminary Injunction Order by Pamela Bondi, John Doe, James Hicks, Todd Lyons, Kristi Noem, Marco Rubio, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (Davis, Tiberius) (Entered: 06/23/2025)

June 23, 2025

June 23, 2025

RECAP
75

Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. For the reasons sets forth (herein), Plaintiff's motion for a preliminary injunction is GRANTED. Defendants and their officers, employees, servants, agents, appointees, and successors are hereby enjoined from implementing, instituting, maintaining, or giving effect to the Proclamation until a further order is issued by this Court.SO ORDERED. (CAM)

June 23, 2025

June 23, 2025

Clearinghouse
76

MOTION to Intervene of non-party Theodore William Somach. (CAM) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

RECAP
77

NOTICE OF APPEAL as to 75 Memorandum & ORDER, by Pamela Bondi, John Doe, James Hicks, Todd Lyons, Kristi Noem, Marco Rubio, Student and Exchange Visitor Program, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. Fee Status: US Government. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 7/17/2025. (Davis, Tiberius) (Entered: 06/27/2025)

June 27, 2025

June 27, 2025

RECAP
78

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 77 Notice of Appeal. (MAP) (Entered: 06/28/2025)

June 28, 2025

June 28, 2025

RECAP
78

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 77 Notice of Appeal. (MAP) (Entered: 06/28/2025)

June 28, 2025

June 28, 2025

RECAP
79

USCA Case Number 25-1627 for 77 Notice of Appeal,,,, filed by John Doe, United States Department of Justice, Todd Lyons, Pamela Bondi, United States Immigration and Customs Enforcement, Kristi Noem, United States Department of State, Student and Exchange Visitor Program, Marco Rubio, James Hicks, United States Department of Homeland Security. (MAP) (Entered: 06/30/2025)

June 30, 2025

June 30, 2025

PACER
79

USCA Case Number 25-1627 for 77 Notice of Appeal,,,, filed by John Doe, United States Department of Justice, Todd Lyons, Pamela Bondi, United States Immigration and Customs Enforcement, Kristi Noem, United States Department of State, Student and Exchange Visitor Program, Marco Rubio, James Hicks, United States Department of Homeland Security. (MAP) (Entered: 06/30/2025)

June 30, 2025

June 30, 2025

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Education

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Litigation and Investigations Involving the Government (Immigration Enforcement)

Trump Administration 2.0: Challenges to the Government (Grant/Contract rescissions, Defunding or Other Threats against Private Entities )

Key Dates

Filing Date: May 23, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Harvard University

Plaintiff Type(s):

Non-profit NON-religious organization

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

Department of State (- United States (national) -), Federal

Immigration and Customs Enforcement (- United States (national) -), Federal

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):

Due Process: Procedural Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Retaliation

Immigration/Border:

Visas - criteria

Visas - procedures