Case: Luna Gutierrez v. Noem

1:25-cv-01766 | U.S. District Court for the District of District of Columbia

Filed Date: June 4, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a class action lawsuit challenging the detention of immigrants at Guantánamo Bay. On January 29, 2025, President Trump issued a presidential memorandum titled “Expanding the Migrant Operations Center at Naval Station Guantánamo Bay to Full Capacity,” directing the U.S. Departments of Defense and Homeland Security to prepare the facility to detain up to 30,000 migrants. The memorandum eliminated procedural safeguards such as bond hearings, individualized custody reviews, and access to im…

This is a class action lawsuit challenging the detention of immigrants at Guantánamo Bay. On January 29, 2025, President Trump issued a presidential memorandum titled “Expanding the Migrant Operations Center at Naval Station Guantánamo Bay to Full Capacity,” directing the U.S. Departments of Defense and Homeland Security to prepare the facility to detain up to 30,000 migrants. The memorandum eliminated procedural safeguards such as bond hearings, individualized custody reviews, and access to immigration courts. It also authorized the transfer of noncitizens—many initially apprehended and detained in the United States—to both the Migrant Operations Center and the military-run Camp 6. These directives marked a significant departure from the statutory requirements of the Immigration and Nationality Act, which mandates notice, custody hearings, and removal procedures before prolonged detention. Guantánamo Bay Naval Base was originally established as a military detention facility for enemy combatants captured during the U.S. “War on Terror.” Its use for immigration detention represents a significant shift from its historical purpose, raising concerns about subjecting immigrants to conditions designed for wartime detainees.

On June 4, 2025, two individual plaintiffs filed this class action lawsuit and petition for writ of habeas corpus in the U.S. District Court for the District of Columbia against the U.S. Department of Homeland Security and its Secretary, U.S. Immigration and Customs Enforcement and its Secretary, the U.S. Department of Defense and its Secretary, and the U.S. State Department and its Secretary. The case was initially assigned to U.S. District Judge Carl J. Nichols but reassigned to Judge Sparkle L. Sooknanan on June 18, 2025.

The plaintiffs alleged that their detention at Guantánamo Bay exceeded the defendants’ statutory authority and violated the Administrative Procedure Act and the Fifth Amendment. They challenged their prolonged detention without notice or bond hearings, citing harsh and unlawful conditions and a lack of procedural protections. They further alleged that they were apprehended and detained solely because of their foreign status, without individualized assessments or due process, effectively criminalizing their origin in violation of constitutional protections. The complaint detailed punitive conditions at Guantánamo Bay, including solitary confinement, limited recreation, inadequate hygiene, denial of legal and religious materials, physical abuse, and family separation. It also referenced government press releases and statements by President Trump describing Guantánamo as a “detention center for illegal immigrants” and expressing the administration’s intent to “ensure strict enforcement” of immigration laws by expanding Guantánamo’s use as a detention site.

Represented by private counsel from the ACLU, ACLU-DC, Center for Constitutional Rights, and the International Refugee Assistance Project, the plaintiffs sought a writ of habeas corpus for immediate release, declaratory relief recognizing violations of their constitutional and statutory rights, and injunctive relief to prevent detention of them or others in the proposed class without proper notice, individualized custody determinations, and bond hearings. They also sought an order requiring compliance with immigration statutes and regulations, as well as attorneys’ fees and costs.

Also on June 4, 2025, the plaintiffs filed a motion for class certification, seeking to represent all similarly situated immigration detainees at Guantánamo. The proposed class was defined as “All immigration detainees originally apprehended and detained in the United States, and who are, or will be, held at Naval Station Guantánamo Bay, Cuba.” 

On August 4, 2025, the defendants filed a motion to dismiss the case. The defendants claimed the case was moot because the named plaintiffs were no longer in U.S. custody and were unlikely to be detained again under the challenged policies. They also argued the court lacked jurisdiction because the Immigration and Nationality Act barred judicial review of the defendants’ decision to transfer an alien to a detention facility. Finally, they contended that the plaintiffs’ claims failed to state a cause of action, arguing that the Administrative Procedure Act claims challenged a presidential order and non-final actions, the Secretary of Homeland Security had statutory authority to detain individuals overseas, and the presidential memorandum was not arbitrary or capricious. They further argued that the plaintiffs had not plausibly alleged a Fifth Amendment due process violation and that adequate safeguards ensured acceptable detention conditions.

The case remains ongoing.

Summary Authors

Victoria Tan (8/13/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70456103/parties/luna-gutierrez-v-noem/


Judge(s)
Attorney for Plaintiff

Alagesan, Deepa (District of Columbia)

Cho, Eunice Hyunhye (District of Columbia)

Gelernt, Lee (District of Columbia)

Grano, Kimberly Robin (District of Columbia)

Jadwat, Omar C. (District of Columbia)

Attorney for Defendant

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Documents in the Clearinghouse

Document
4

1:25-cv-01766

Plaintiffs' Motion for Class Certification and Appointment of Class Counsel

June 4, 2025

June 4, 2025

Pleading / Motion / Brief
1

1:25-cv-01766

Class Action Complaint for Declaratory and Injunctive Relief and Petition for Writ of Habeas Corpus

June 4, 2025

June 4, 2025

Complaint
29

1:25-cv-01766

Defendants' Motion to Dismiss

Aug. 4, 2025

Aug. 4, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70456103/luna-gutierrez-v-noem/

Last updated Aug. 21, 2025, 2:45 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against PETE HEGSETH, TODD LYONS, KRISTI NOEM, MARCO RUBIO, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. STATE DEPARTMENT ( Filing fee $ 405 receipt number ADCDC-11735799) filed by RAFAEL ANGEL LOPEZ OCON, YAMIL LUNA GUTIERREZ. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Kristi Noem, # 3 Summons U.S. Department of Homeland Security, # 4 Summons Todd Lyons, # 5 Summons U.S. Immigration and Customs Enforcement, # 6 Summons Pete Hegseth, # 7 Summons U.S. Department of Defense, # 8 Summons Marco Rubio, # 9 Summons U.S. State Department, # 10 Summons Attorney General of the United States, # 11 Summons U.S. Attorney's Office for D.C.)(Gelernt, Lee) (Attachment 1 replaced on 6/5/2025) (zmtm). (Entered: 06/04/2025)

1 Civil Cover Sheet

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2 Summons Kristi Noem

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3 Summons U.S. Department of Homeland Security

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4 Summons Todd Lyons

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5 Summons U.S. Immigration and Customs Enforcement

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6 Summons Pete Hegseth

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7 Summons U.S. Department of Defense

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8 Summons Marco Rubio

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9 Summons U.S. State Department

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10 Summons Attorney General of the United States

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11 Summons U.S. Attorney's Office for D.C.

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June 4, 2025

June 4, 2025

Clearinghouse
2

NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 06/04/2025)

June 4, 2025

June 4, 2025

PACER
3

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:25-cv-418. (Spitzer, Arthur) (Main Document 3 replaced on 6/5/2025) (zmtm). (Entered: 06/04/2025)

June 4, 2025

June 4, 2025

RECAP
4

MOTION to Certify Class by RAFAEL ANGEL LOPEZ OCON, YAMIL LUNA GUTIERREZ. (Attachments: # 1 Declaration of Yamil Luna Gutierrez, # 2 Declaration of Rafael Angel Lopez Ocon, # 3 Declaration of Noor Zafar, # 4 Declaration of Scott Michelman, # 5 Text of Proposed Order)(Gelernt, Lee) (Entered: 06/04/2025)

1 Declaration of Yamil Luna Gutierrez

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2 Declaration of Rafael Angel Lopez Ocon

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3 Declaration of Noor Zafar

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4 Declaration of Scott Michelman

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5 Text of Proposed Order

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June 4, 2025

June 4, 2025

Clearinghouse
5

NOTICE of Appearance by Eunice Hyunhye Cho on behalf of All Plaintiffs (Cho, Eunice) (Entered: 06/04/2025)

June 4, 2025

June 4, 2025

RECAP
6

NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) (Entered: 06/04/2025)

June 4, 2025

June 4, 2025

PACER
7

SUMMONS (10) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 06/05/2025)

June 5, 2025

June 5, 2025

PACER
8

NOTICE of Appearance by My Khanh Ngo on behalf of All Plaintiffs (Ngo, My Khanh) (Entered: 06/05/2025)

June 5, 2025

June 5, 2025

RECAP

Case Assigned/Reassigned

June 5, 2025

June 5, 2025

PACER

Case Assigned to Judge Carl J. Nichols. (zmtm)

June 5, 2025

June 5, 2025

PACER
10

NOTICE of Appearance- Pro Bono by Kyle A. Virgien on behalf of All Plaintiffs (Virgien, Kyle) (Entered: 06/06/2025)

June 6, 2025

June 6, 2025

RECAP
11

NOTICE of Appearance- Pro Bono by Judy Rabinovitz on behalf of All Plaintiffs (Rabinovitz, Judy) (Entered: 06/06/2025)

June 6, 2025

June 6, 2025

RECAP
12

NOTICE of Appearance- Pro Bono by Noelle Smith on behalf of All Plaintiffs (Smith, Noelle) (Entered: 06/06/2025)

June 6, 2025

June 6, 2025

PACER
13

NOTICE of Appearance- Pro Bono by Noor Zafar on behalf of All Plaintiffs (Zafar, Noor) (Entered: 06/06/2025)

June 6, 2025

June 6, 2025

RECAP
9

NOTICE of Appearance by Brett Max Kaufman on behalf of All Plaintiffs (Kaufman, Brett) (Entered: 06/06/2025)

June 6, 2025

June 6, 2025

PACER
14

NOTICE of Appearance by Kimberly Robin Grano on behalf of All Plaintiffs (Grano, Kimberly) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

PACER

MINUTE ORDER. Upon consideration of the 3 Notice of Related Case, the government is ordered to provide, on or before June 16, 2025, its view as to whether this case should be randomly reassigned. So ORDERED by Judge Carl J. Nichols on June 9, 2025. (lccjn2)

June 9, 2025

June 9, 2025

PACER

.Order AND ~Util - Set/Reset Deadlines

June 9, 2025

June 9, 2025

PACER
15

NOTICE of Appearance- Pro Bono by Omar C. Jadwat on behalf of RAFAEL ANGEL LOPEZ OCON, YAMIL LUNA GUTIERREZ (Jadwat, Omar) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

RECAP
16

NOTICE of Appearance by Deepa Alagesan on behalf of All Plaintiffs (Alagesan, Deepa) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

RECAP
17

NOTICE of Appearance by Jason Kyle Zubata on behalf of All Defendants (Zubata, Jason) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

RECAP
18

Consent MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Certify Class by PETE HEGSETH, TODD LYONS, KRISTI NOEM, MARCO RUBIO, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. STATE DEPARTMENT. (Attachments: # 1 Text of Proposed Order)(Zubata, Jason) (Entered: 06/13/2025)

1 Text of Proposed Order

View on RECAP

June 13, 2025

June 13, 2025

RECAP
19

NOTICE of Appearance by Malcolm McDermond on behalf of All Defendants (McDermond, Malcolm)

June 13, 2025

June 13, 2025

RECAP
20

RESPONSE TO ORDER OF THE COURT re Order,, Set Deadlines, filed by PETE HEGSETH, TODD LYONS, KRISTI NOEM, MARCO RUBIO, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. STATE DEPARTMENT. (McDermond, Malcolm)

June 13, 2025

June 13, 2025

RECAP
21

Case randomly reassigned to Judge Sparkle L. Sooknanan as the case is not related. Judge Carl J. Nichols is no longer assigned to the case. (rj) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

RECAP
22

NOTICE of Appearance by Alexa Perlmutter on behalf of All Defendants (Perlmutter, Alexa) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

RECAP

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

June 18, 2025

June 18, 2025

PACER

MINUTE ORDER granting 18 Consent Motion for Extension of Time to File Response/Reply. The Defendants shall file their opposition to the Plaintiffs' motion for class certification by July 25, 2025, and the Plaintiffs shall file their reply by August 8, 2025. Signed by Judge Sparkle L. Sooknanan on 6/18/2025. (lcrk)

June 18, 2025

June 18, 2025

PACER
23

Consent MOTION for Briefing Schedule by PETE HEGSETH, TODD LYONS, KRISTI NOEM, MARCO RUBIO, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. STATE DEPARTMENT. (Attachments: # 1 Text of Proposed Order)(Zubata, Jason) (Entered: 06/30/2025)

1 Text of Proposed Order

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June 30, 2025

June 30, 2025

RECAP

MINUTE ORDER granting 23 Consent Motion for Briefing Schedule. The Plaintiffs shall file their motion for partial summary judgment by July 14, 2025; the Defendants shall file their motion to dismiss and/or cross motion for summary judgment by August 4, 2025; the Plaintiffs shall file their reply in support of their motion for partial summary judgment and opposition to the Defendants' motion by August 27, 2025; and the Defendants shall file their reply in support of their motion by September 8, 2025. Signed by Judge Sparkle L. Sooknanan on 7/1/2025. (lcrk)

July 1, 2025

July 1, 2025

PACER

Order on Motion for Briefing Schedule AND Set/Reset Deadlines

July 1, 2025

July 1, 2025

PACER
24

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PETE HEGSETH served on 6/10/2025; TODD LYONS served on 6/10/2025; KRISTI NOEM served on 6/9/2025; MARCO RUBIO served on 6/9/2025; U.S. DEPARTMENT OF DEFENSE served on 6/10/2025; U.S. DEPARTMENT OF HOMELAND SECURITY served on 6/12/2025; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 6/9/2025 (Cho, Eunice) (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

RECAP
25

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/10/2025. Answer due for ALL FEDERAL DEFENDANTS by 8/9/2025. (Cho, Eunice) (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

RECAP
26

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/10/2025. (Cho, Eunice) (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

RECAP
27

Consent MOTION to Amend Briefing Schedule re Order on Motion for Briefing Schedule,,, Set/Reset Deadlines,, by RAFAEL ANGEL LOPEZ OCON, YAMIL LUNA GUTIERREZ. (Attachments: # 1 Text of Proposed Order)(Gelernt, Lee) (Entered: 07/11/2025)

1 Text of Proposed Order

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July 11, 2025

July 11, 2025

RECAP

MINUTE ORDER granting 27 Consent Motion to Amend Briefing Schedule re Order on Motion for Briefing Schedule. The Defendants' motion to dismiss is due by August 4, 2025, the Plaintiffs' response is due by August 27, 2025, and the Defendants' reply is due by September 8, 2025. Signed by Judge Sparkle L. Sooknanan on 7/14/2025. (lcrk)

July 14, 2025

July 14, 2025

PACER

Order on Motion for Miscellaneous Relief AND Set/Reset Deadlines

July 14, 2025

July 14, 2025

PACER
28

Memorandum in opposition to re 4 MOTION to Certify Class filed by PETE HEGSETH, TODD LYONS, KRISTI NOEM, MARCO RUBIO, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. STATE DEPARTMENT. (Attachments: # 1 Exhibit NSGB MOU, # 2 Exhibit Sieker Declaration, # 3 Exhibit Madrigal Declaration, # 4 Exhibit NSGB TRO Hearing Transcript)(Zubata, Jason) (Entered: 07/25/2025)

1 Exhibit NSGB MOU

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2 Exhibit Sieker Declaration

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3 Exhibit Madrigal Declaration

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4 Exhibit NSGB TRO Hearing Transcript

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July 25, 2025

July 25, 2025

RECAP
29

MOTION to Dismiss by PETE HEGSETH, TODD LYONS, KRISTI NOEM, MARCO A. RUBIO, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. STATE DEPARTMENT. (Attachments: # 1 Text of Proposed Order)(Zubata, Jason) (Entered: 08/04/2025)

1 Text of Proposed Order

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Aug. 4, 2025

Aug. 4, 2025

Clearinghouse
30

REPLY to opposition to motion re [4] Motion to Certify Class, filed by RAFAEL ANGEL LOPEZ OCON, YAMIL LUNA GUTIERREZ. (Attachments: (1) Supplemental Declaration of Yamil Luna Gutierrez, (2) Supplemental Declaration of Rafael Angel Lopez Ocon)(Gelernt, Lee)

1 Supplemental Declaration of Yamil Luna Gutierrez

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2 Supplemental Declaration of Rafael Angel Lopez Ocon

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Aug. 8, 2025

Aug. 8, 2025

RECAP
31

NOTICE of Appearance- Pro Bono by Natalie Behr on behalf of All Plaintiffs (Behr, Natalie)

Aug. 13, 2025

Aug. 13, 2025

RECAP
32

Consent MOTION to Withdraw as Attorney Deepa Alagesan for Plaintiffs by RAFAEL ANGEL LOPEZ OCON, YAMIL LUNA GUTIERREZ. (Attachments: (1) Text of Proposed Order)(Alagesan, Deepa)

1 Text of Proposed Order

View on RECAP

Aug. 21, 2025

Aug. 21, 2025

RECAP

Case Details

State / Territory: District of Columbia

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

Trump Administration 2.0: Challenges to the Government (Immigration Enforcement)

Key Dates

Filing Date: June 4, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Immigrants detained at Guantánamo Bay

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

ACLU Affiliates (any)

International Refugee Assistance Project (IRAP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

U.S. Department of Homeland Security (- United States (national) -), Federal

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

U.S. Department of Defense (- United States (national) -), Federal

U.S. Department of State (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Special Case Type(s):

Habeas

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - criteria

Detention - procedures

Undocumented immigrants - rights and duties