Case: Luna Gutierrez v. Noem

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

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

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)

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)

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

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

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

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

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)

1 Notice and Consent

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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)

1 Notice and Consent

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

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

Case Assigned/Reassigned

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

Case Assigned/Reassigned

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

.Order AND ~Util - Set/Reset Deadlines

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)

.Order AND ~Util - Set/Reset Deadlines

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)

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)

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

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

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

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

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

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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

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NOTICE of Appearance by Malcolm McDermond on behalf of All Defendants (McDermond, Malcolm) (Entered: 06/13/2025)

NOTICE of Appearance by Malcolm McDermond on behalf of All Defendants (McDermond, Malcolm) (Entered: 06/13/2025)

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) (Entered: 06/13/2025)

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) (Entered: 06/13/2025)

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)

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)

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

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

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

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

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)

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)

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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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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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)

Order on Motion for Briefing Schedule AND Set/Reset Deadlines

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)

Order on Motion for Briefing Schedule AND Set/Reset Deadlines

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)

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)

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)

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)

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)

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)

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) Modified on 7/15/2025 to correct relief (zjm). (Entered: 07/11/2025)

1 Text of Proposed Order

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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) Modified on 7/15/2025 to correct relief (zjm). (Entered: 07/11/2025)

1 Text of Proposed Order

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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)

Order on Motion for Miscellaneous Relief AND Set/Reset Deadlines

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)

Order on Motion for Miscellaneous Relief AND Set/Reset Deadlines

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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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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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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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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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) (Entered: 08/08/2025)

1 Supplemental Declaration of Yamil Luna Gutierrez

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2 Supplemental Declaration of Rafael Angel Lopez Ocon

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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) (Entered: 08/08/2025)

1 Supplemental Declaration of Yamil Luna Gutierrez

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2 Supplemental Declaration of Rafael Angel Lopez Ocon

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NOTICE of Appearance- Pro Bono by Natalie Behr on behalf of All Plaintiffs (Behr, Natalie) (Entered: 08/13/2025)

NOTICE of Appearance- Pro Bono by Natalie Behr on behalf of All Plaintiffs (Behr, Natalie) (Entered: 08/13/2025)

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) (Entered: 08/21/2025)

1 Text of Proposed Order

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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) (Entered: 08/21/2025)

1 Text of Proposed Order

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MINUTE ORDER granting 32 Consent Motion to Withdraw Appearance. Signed by Judge Sparkle L. Sooknanan on 8/22/2025. (lcdl)

MINUTE ORDER granting 32 Consent Motion to Withdraw Appearance. Signed by Judge Sparkle L. Sooknanan on 8/22/2025. (lcdl)

Memorandum in opposition to re 29 MOTION to Dismiss filed by RAFAEL ANGEL LOPEZ OCON, YAMIL LUNA GUTIERREZ. (Gelernt, Lee) (Entered: 08/27/2025)

Memorandum in opposition to re 29 MOTION to Dismiss filed by RAFAEL ANGEL LOPEZ OCON, YAMIL LUNA GUTIERREZ. (Gelernt, Lee) (Entered: 08/27/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. STATE DEPARTMENT served on 8/15/2025 (Gelernt, Lee) (Entered: 08/28/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. STATE DEPARTMENT served on 8/15/2025 (Gelernt, Lee) (Entered: 08/28/2025)

REPLY to opposition to motion re 29 Motion to Dismiss, filed by PETE HEGSETH, TODD M. 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. (Zubata, Jason) (Entered: 09/08/2025)

REPLY to opposition to motion re 29 Motion to Dismiss, filed by PETE HEGSETH, TODD M. 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. (Zubata, Jason) (Entered: 09/08/2025)

MINUTE ORDER: On June 4, 2025, the Plaintiffs filed a 4 Motion for Class Certification, and on August 4, 2025, the Defendants filed a 29 Motion to Dismiss. In light of these motions, the Court ORDERS the Parties to file simultaneous supplemental briefs by September 23, 2025, addressing (1) whether a class action seeking vacatur or habeas relief without an injunction can be certified under Federal Rule of Civil Procedure 23(b)(2); (2) whether Federal Rule of Civil Procedure 23(b)(2) permits certification of the Plaintiffs' claims for classwide vacatur and habeas relief in light of 8 U.S.C. § 1252(f)(1); (3) whether certifying the Plaintiffs' claims under Federal Rule of Civil Procedure 23 would result in a judgment that precludes the members of the putative class from later bringing individual actions for injunctive relief that are permitted by 8 U.S.C. § 1252(f)(1); (4) whether the Court can certify an issue class under Federal Rule of Civil Procedure 23(c)(4) in this case that would permit later individual actions for injunctive relief; and (5) the statutory source of the Government's authority to detain an individual during the execution of a removal order. Signed by Judge Sparkle L. Sooknanan on 9/9/2025. (lcdl)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: On June 4, 2025, the Plaintiffs filed a 4 Motion for Class Certification, and on August 4, 2025, the Defendants filed a 29 Motion to Dismiss. In light of these motions, the Court ORDERS the Parties to file simultaneous supplemental briefs by September 23, 2025, addressing (1) whether a class action seeking vacatur or habeas relief without an injunction can be certified under Federal Rule of Civil Procedure 23(b)(2); (2) whether Federal Rule of Civil Procedure 23(b)(2) permits certification of the Plaintiffs' claims for classwide vacatur and habeas relief in light of 8 U.S.C. § 1252(f)(1); (3) whether certifying the Plaintiffs' claims under Federal Rule of Civil Procedure 23 would result in a judgment that precludes the members of the putative class from later bringing individual actions for injunctive relief that are permitted by 8 U.S.C. § 1252(f)(1); (4) whether the Court can certify an issue class under Federal Rule of Civil Procedure 23(c)(4) in this case that would permit later individual actions for injunctive relief; and (5) the statutory source of the Government's authority to detain an individual during the execution of a removal order. Signed by Judge Sparkle L. Sooknanan on 9/9/2025. (lcdl)

.Order AND ~Util - Set/Reset Deadlines

ENTERED IN ERROR.....NOTICE of Updated Conditions by PETE HEGSETH, TODD M. 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 Declaration Stephen, # 2 Declaration Lynch)(Perlmutter, Alexa) Modified on 9/15/2025 (zjm). (Entered: 09/11/2025)

1 Declaration Stephen

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2 Declaration Lynch

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ENTERED IN ERROR.....NOTICE of Updated Conditions by PETE HEGSETH, TODD M. 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 Declaration Stephen, # 2 Declaration Lynch)(Perlmutter, Alexa) Modified on 9/15/2025 (zjm). (Entered: 09/11/2025)

1 Declaration Stephen

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2 Declaration Lynch

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NOTICE of Appearance by Ghita Schwarz on behalf of All Plaintiffs (Schwarz, Ghita) (Entered: 09/12/2025)

NOTICE of Appearance by Ghita Schwarz on behalf of All Plaintiffs (Schwarz, Ghita) (Entered: 09/12/2025)