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1
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June 4, 2025
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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
View on PACER
2 Summons Kristi Noem
View on PACER
3 Summons U.S. Department of Homeland Security
View on PACER
4 Summons Todd Lyons
View on PACER
5 Summons U.S. Immigration and Customs Enforcement
View on PACER
6 Summons Pete Hegseth
View on PACER
7 Summons U.S. Department of Defense
View on PACER
8 Summons Marco Rubio
View on PACER
9 Summons U.S. State Department
View on PACER
10 Summons Attorney General of the United States
View on PACER
11 Summons U.S. Attorney's Office for D.C.
View on PACER
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Clearinghouse
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2
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June 4, 2025
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NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 06/04/2025)
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RECAP
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3
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June 4, 2025
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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)
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RECAP
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4
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June 4, 2025
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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
View on PACER
2 Declaration of Rafael Angel Lopez Ocon
View on RECAP
3 Declaration of Noor Zafar
View on RECAP
4 Declaration of Scott Michelman
View on PACER
5 Text of Proposed Order
View on PACER
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Clearinghouse
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5
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June 4, 2025
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NOTICE of Appearance by Eunice Hyunhye Cho on behalf of All Plaintiffs (Cho, Eunice) (Entered: 06/04/2025)
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RECAP
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6
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June 4, 2025
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NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) (Entered: 06/04/2025)
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RECAP
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7
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June 5, 2025
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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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RECAP
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8
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June 5, 2025
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NOTICE of Appearance by My Khanh Ngo on behalf of All Plaintiffs (Ngo, My Khanh) (Entered: 06/05/2025)
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RECAP
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June 5, 2025
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Case Assigned/Reassigned
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June 5, 2025
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Case Assigned to Judge Carl J. Nichols. (zmtm)
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9
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June 6, 2025
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NOTICE of Appearance by Brett Max Kaufman on behalf of All Plaintiffs (Kaufman, Brett) (Entered: 06/06/2025)
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RECAP
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10
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June 6, 2025
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NOTICE of Appearance- Pro Bono by Kyle A. Virgien on behalf of All Plaintiffs (Virgien, Kyle) (Entered: 06/06/2025)
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RECAP
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11
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June 6, 2025
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NOTICE of Appearance- Pro Bono by Judy Rabinovitz on behalf of All Plaintiffs (Rabinovitz, Judy) (Entered: 06/06/2025)
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RECAP
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12
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June 6, 2025
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NOTICE of Appearance- Pro Bono by Noelle Smith on behalf of All Plaintiffs (Smith, Noelle) (Entered: 06/06/2025)
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RECAP
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13
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June 6, 2025
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NOTICE of Appearance- Pro Bono by Noor Zafar on behalf of All Plaintiffs (Zafar, Noor) (Entered: 06/06/2025)
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RECAP
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14
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June 9, 2025
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NOTICE of Appearance by Kimberly Robin Grano on behalf of All Plaintiffs (Grano, Kimberly) (Entered: 06/09/2025)
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RECAP
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June 9, 2025
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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)
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June 9, 2025
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.Order AND ~Util - Set/Reset Deadlines
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15
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June 10, 2025
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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)
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RECAP
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16
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June 10, 2025
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NOTICE of Appearance by Deepa Alagesan on behalf of All Plaintiffs (Alagesan, Deepa) (Entered: 06/10/2025)
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RECAP
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17
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June 13, 2025
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NOTICE of Appearance by Jason Kyle Zubata on behalf of All Defendants (Zubata, Jason) (Entered: 06/13/2025)
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RECAP
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18
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June 13, 2025
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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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RECAP
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19
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June 13, 2025
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NOTICE of Appearance by Malcolm McDermond on behalf of All Defendants (McDermond, Malcolm) (Entered: 06/13/2025)
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RECAP
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20
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June 13, 2025
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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)
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RECAP
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21
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June 18, 2025
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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)
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RECAP
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22
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June 18, 2025
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NOTICE of Appearance by Alexa Perlmutter on behalf of All Defendants (Perlmutter, Alexa) (Entered: 06/18/2025)
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RECAP
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June 18, 2025
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Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines
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June 18, 2025
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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)
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23
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June 30, 2025
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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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RECAP
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July 1, 2025
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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)
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July 1, 2025
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Order on Motion for Briefing Schedule AND Set/Reset Deadlines
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24
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July 3, 2025
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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)
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RECAP
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25
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July 3, 2025
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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)
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RECAP
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26
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July 3, 2025
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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)
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RECAP
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27
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July 11, 2025
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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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RECAP
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July 14, 2025
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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)
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July 14, 2025
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Order on Motion for Miscellaneous Relief AND Set/Reset Deadlines
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28
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July 25, 2025
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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
View on RECAP
2 Exhibit Sieker Declaration
View on RECAP
3 Exhibit Madrigal Declaration
View on RECAP
4 Exhibit NSGB TRO Hearing Transcript
View on RECAP
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RECAP
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29
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Aug. 4, 2025
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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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Clearinghouse
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30
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Aug. 8, 2025
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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
View on RECAP
2 Supplemental Declaration of Rafael Angel Lopez Ocon
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RECAP
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31
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Aug. 13, 2025
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NOTICE of Appearance- Pro Bono by Natalie Behr on behalf of All Plaintiffs (Behr, Natalie) (Entered: 08/13/2025)
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RECAP
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32
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Aug. 21, 2025
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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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RECAP
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Aug. 22, 2025
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MINUTE ORDER granting 32 Consent Motion to Withdraw Appearance. Signed by Judge Sparkle L. Sooknanan on 8/22/2025. (lcdl)
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33
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Aug. 27, 2025
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Memorandum in opposition to re 29 MOTION to Dismiss filed by RAFAEL ANGEL LOPEZ OCON, YAMIL LUNA GUTIERREZ. (Gelernt, Lee) (Entered: 08/27/2025)
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Clearinghouse
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34
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Aug. 28, 2025
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. STATE DEPARTMENT served on 8/15/2025 (Gelernt, Lee) (Entered: 08/28/2025)
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RECAP
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35
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Sept. 8, 2025
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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)
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RECAP
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Sept. 9, 2025
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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)
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Sept. 9, 2025
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.Order AND ~Util - Set/Reset Deadlines
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36
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Sept. 11, 2025
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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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RECAP
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37
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Sept. 12, 2025
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NOTICE of Appearance by Ghita Schwarz on behalf of All Plaintiffs (Schwarz, Ghita) (Entered: 09/12/2025)
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RECAP
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38
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Sept. 15, 2025
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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) (Entered: 09/15/2025)
1 Declaration Stephen
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2 Declaration Lynch
View on RECAP
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RECAP
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Sept. 15, 2025
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NOTICE OF ERROR regarding 36 Notice (Other),. The following error(s) need correction: Incorrect format (Letter)- correspondence is not permitted (LCvR 5.1(a)). Please refile. (zjm)
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39
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Sept. 19, 2025
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NOTICE OF WITHDRAWAL OF APPEARANCE as to 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. Attorney Malcolm McDermond terminated. (McDermond, Malcolm) (Entered: 09/19/2025)
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RECAP
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40
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Sept. 23, 2025
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SUPPLEMENTAL MEMORANDUM to re Order,,,,,, Set Deadlines,,,,, September 9, 2025 Ordering Supplemental Briefing 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: 09/23/2025)
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RECAP
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41
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Sept. 23, 2025
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SUPPLEMENTAL MEMORANDUM to re Order,,,,,, Set Deadlines,,,,, filed by RAFAEL ANGEL LOPEZ OCON, YAMIL LUNA GUTIERREZ. (Gelernt, Lee) (Entered: 09/23/2025)
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Sept. 25, 2025
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MINUTE ORDER: The Court directs the Parties to appear for oral argument on October 23, 2025, at 2:00 PM in Courtroom 14 before Judge Sparkle L. Sooknanan on the Plaintiffs' 4 Motion for Class Certification and the Defendants' 29 Motion to Dismiss. Signed by Judge Sparkle L. Sooknanan on 9/25/2025. (lcdl)
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Oct. 8, 2025
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MINUTE ORDER: The Court has received an email from the Defendants requesting clarification about the argument scheduled for October 23, 2025, in light of the lapse in appropriations to the Department of Justice. Notwithstanding the lapse in appropriations, the argument set for October 23, 2025, will proceed as scheduled. Signed by Judge Sparkle L. Sooknanan on 10/8/2025. (lcdl)
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Oct. 8, 2025
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.Order
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42
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Oct. 14, 2025
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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 re 38 Notice (Other), (Zubata, Jason) (Entered: 10/14/2025)
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RECAP
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43
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Oct. 16, 2025
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ENTERED IN ERROR.....NOTICE OF SUPPLEMENTAL AUTHORITY by RAFAEL ANGEL LOPEZ OCON, YAMIL LUNA GUTIERREZ (Attachments: # 1 Memorandum and Opinion, FIRRP v DHS)(Cho, Eunice) Modified on 10/16/2025 (zjm). (Entered: 10/16/2025)
1 Memorandum and Opinion, FIRRP v DHS
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RECAP
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44
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Oct. 16, 2025
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NOTICE OF SUPPLEMENTAL AUTHORITY by RAFAEL ANGEL LOPEZ OCON, YAMIL LUNA GUTIERREZ (Attachments: # 1 Memorandum and Opinion, FIRRP v DHS)(Gelernt, Lee) (Entered: 10/16/2025)
1 Memorandum and Opinion, FIRRP v DHS
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RECAP
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Oct. 16, 2025
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NOTICE OF ERROR regarding 43 NOTICE OF SUPPLEMENTAL AUTHORITY. The following error(s) need correction: Incorrect court case number. Please refile in correct case. (zjm)
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45
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Oct. 20, 2025
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NOTICE of Appearance by August Edward Flentje on behalf of All Defendants (Flentje, August) (Entered: 10/20/2025)
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RECAP
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46
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Oct. 22, 2025
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NOTICE of Appearance by Shayana Devendra Kadidal on behalf of All Plaintiffs (Kadidal, Shayana) (Entered: 10/22/2025)
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RECAP
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47
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Oct. 22, 2025
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NOTICE of Appearance- Pro Bono by J. Wells Dixon on behalf of All Plaintiffs (Dixon, J.) (Entered: 10/22/2025)
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RECAP
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48
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Oct. 22, 2025
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RESPONSE re 44 NOTICE OF SUPPLEMENTAL AUTHORITY 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. (Perlmutter, Alexa) (Entered: 10/22/2025)
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49
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Oct. 22, 2025
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NOTICE of Appearance by Megan McLaughlin Hauptman on behalf of All Plaintiffs (Hauptman, Megan) (Entered: 10/22/2025)
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RECAP
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Oct. 23, 2025
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Minute Entry for proceedings held before Judge Sparkle L. Sooknanan: Motion Hearing held on 10/23/2025. Oral arguments submitted on Plaintiffs' 4 Motion for Class Certification and the Defendants' 29 Motion to Dismiss. Motion taken under advisement. (Court Reporter Elizabeth Davila) (znbn)
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Oct. 23, 2025
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Minute Entry for proceedings held before Judge Sparkle L. Sooknanan: Motion Hearing held on 10/23/2025. Oral arguments submitted on Plaintiffs' 4 Motion for Class Certification and the Defendants' 29 Motion to Dismiss. Motions taken under advisement. (Court Reporter Elizabeth Davila) (znbn)
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50
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Oct. 30, 2025
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TRANSCRIPT OF PROCEEDINGS before Judge Sparkle L. Sooknanan, held on 10-23-2025; Page Numbers: 1 - 99. Date of Issuance: 10-30-2025. Court Reporter, Elizabeth Davila, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/20/2025. Redacted Transcript Deadline set for 11/30/2025. Release of Transcript Restriction set for 1/28/2026.(Davila, Elizabeth) (Entered: 10/30/2025)
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51
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Dec. 5, 2025
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MEMORANDUM OPINION re the Plaintiffs' 4 Motion for Class Certification and Appointment of Class Counsel. See the attached document for details. Signed by Judge Sparkle L. Sooknanan on 12/5/2025. (lcdl) (Entered: 12/05/2025)
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52
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Dec. 5, 2025
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ORDER granting in part, as modified, and denying in part the Plaintiffs' 4 Motion for Class Certification and Appointment of Class Counsel. See the 51 Memorandum Opinion for details. Signed by Judge Sparkle L. Sooknanan on 12/5/2025. (lcdl) (Entered: 12/05/2025)
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53
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Dec. 5, 2025
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MEMORANDUM OPINION re the Defendants' 29 Motion to Dismiss. See the attached document for details. Signed by Judge Sparkle L. Sooknanan on 12/5/2025. (lcdl) (Entered: 12/05/2025)
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54
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Dec. 5, 2025
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ORDER denying the Defendants' 29 Motion to Dismiss. See the 53 Memorandum Opinion for details. Signed by Judge Sparkle L. Sooknanan on 12/5/2025. (lcdl) (Entered: 12/05/2025)
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Clearinghouse
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Dec. 5, 2025
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.Order AND ~Util - Set/Reset Hearings
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Dec. 5, 2025
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MINUTE ORDER: The Court directs the Parties to appear for a status conference on December 11, 2025, at 10:00 AM in Courtroom 14 before Judge Sparkle L. Sooknanan. The Parties should be prepared to discuss next steps in this case. Signed by Judge Sparkle L. Sooknanan on 12/5/2025. (lcdl)
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55
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Dec. 8, 2025
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NOTICE of Appearance by Ian S. Lam on behalf of All Defendants (Lam, Ian) (Entered: 12/08/2025)
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RECAP
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Dec. 10, 2025
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MINUTE ORDER: Due to a scheduling conflict, the Parties are permitted to appear via Zoom for the status conference scheduled for December 11, 2025, at 10:00 AM. Signed by Judge Sparkle L. Sooknanan on 12/10/2025. (lcdl)
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Dec. 10, 2025
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.Order
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Dec. 11, 2025
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Minute Entry for proceedings held before Judge Sparkle L. Sooknanan: Hybrid Status Conference held on 12/11/2025. Order forthcoming. (Court Reporter Tim Miller) (znbn)
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Dec. 11, 2025
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.Order AND ~Util - Set/Reset Deadlines
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Dec. 11, 2025
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MINUTE ORDER: In light of the status conference earlier today, the Court ORDERS the Parties to proceed according to the following schedule. The Parties will meet and confer by December 19, 2025, to discuss (1) whether discovery is needed on the Plaintiffs' contrary-to-law claim; (2) whether the Defendants will provide regular notices of the number and/or names of class members or other immigration detainees held at Guantanamo; and (3) a timeline for expedited discovery on the Plaintiffs' Fifth Amendment claim. With respect to the Plaintiffs' Fifth Amendment claim, the Parties should further discuss whether discovery could be completed for the Plaintiffs' "expressed intent" theory separate from and prior to discovery on the Plaintiffs' "conditions of detention" theory—and a timeline for discovery on that former theory if it were done first and separately. The Parties will file a notice updating the Court by December 29, 2025, regarding issues (2) and (3) above, noting any disagreements between the Parties. The Parties will file a notice updating the Court by January 5, 2026, regarding issue (1) above, in which each party will explain its position with respect to any disagreement in no more than five pages per side. The Defendants will file their Answer to the 1 Complaint and will file the Certified Administrative Record by January 12, 2026. The Parties will meet and confer within a reasonable time after January 12, 2026, to discuss whether additional discovery will be needed on the Plaintiffs' arbitrary-and-capricious claim. The Parties will file a notice updating the Court on the outcome of that discussion within a reasonable time after it occurs. The Plaintiffs will file their Motion for Partial Summary Judgment on their Administrative Procedure Act claims by February 23, 2026. The Defendants will file their Opposition and Cross-Motion for Summary Judgment on those claims by March 9, 2026. The Plaintiffs will file their Reply and Cross-Opposition by March 23, 2026. And the Defendants will file their Reply in support of their Cross-Motion by April 6, 2026. If, after discussing the issues above, the Parties believe the Court should move these deadlines, the Parties may file an appropriate motion. Signed by Judge Sparkle L. Sooknanan on 12/11/2025. (lcdl)
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Dec. 11, 2025
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MINUTE ORDER: In light of the status conference earlier today, the Court ORDERS the Parties to proceed according to the following schedule. The Parties will meet and confer by December 19, 2025, to discuss (1) whether discovery is needed on the Plaintiffs' contrary-to-law claim; (2) whether the Defendants will provide regular notices of the number and/or names of class members or other immigration detainees held at Guantanamo; and (3) a timeline for expedited discovery on the Plaintiffs' Fifth Amendment claim. With respect to the Plaintiffs' Fifth Amendment claim, the Parties should further discuss whether discovery could be completed for the Plaintiffs' "expressed intent" theory separate from and prior to discovery on the Plaintiffs' "conditions of detention" theory—and a timeline for discovery on that former theory if it were done first and separately. The Parties will file a notice updating the Court by December 29, 2025, regarding issues (2) and (3) above, noting any disagreements between the Parties. The Parties will file a notice updating the Court by January 5, 2026, regarding issue (1) above, in which each party will explain its position with respect to any disagreement in no more than five pages per side.The Defendants will file their Answer to the 1 Complaint and will file the Certified Administrative Record by January 12, 2026. The Parties will meet and confer within a reasonable time after January 12, 2026, to discuss whether additional discovery will be needed on the Plaintiffs' arbitrary-and-capricious claim. The Parties will file a notice updating the Court on the outcome of that discussion within a reasonable time after it occurs. The Plaintiffs will file their Motion for Partial Summary Judgment on their Administrative Procedure Act claims by February 23, 2026. The Defendants will file their Opposition and Cross-Motion for Summary Judgment on those claims by March 9, 2026. The Plaintiffs will file their Reply and Cross-Opposition by March 23, 2026. And the Defendants will file their Reply in support of their Cross-Motion by April 6, 2026. If, after discussing the issues above, the Parties believe the Court should move these deadlines, the Parties may file an appropriate motion. Signed by Judge Sparkle L. Sooknanan on 12/11/2025. (lcdl)
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Dec. 11, 2025
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VACATED PURSUANT TO MINUTE ORDER FILED ON 2/23/2026..... MINUTE ORDER: In light of the status conference earlier today, the Court ORDERS the Parties to proceed according to the following schedule. The Parties will meet and confer by December 19, 2025, to discuss (1) whether discovery is needed on the Plaintiffs' contrary-to-law claim; (2) whether the Defendants will provide regular notices of the number and/or names of class members or other immigration detainees held at Guantanamo; and (3) a timeline for expedited discovery on the Plaintiffs' Fifth Amendment claim. With respect to the Plaintiffs' Fifth Amendment claim, the Parties should further discuss whether discovery could be completed for the Plaintiffs' "expressed intent" theory separate from and prior to discovery on the Plaintiffs' "conditions of detention" theoryand a timeline for discovery on that former theory if it were done first and separately. The Parties will file a notice updating the Court by December 29, 2025, regarding issues (2) and (3) above, noting any disagreements between the Parties. The Parties will file a notice updating the Court by January 5, 2026, regarding issue (1) above, in which each party will explain its position with respect to any disagreement in no more than five pages per side.The Defendants will file their Answer to the 1 Complaint and will file the Certified Administrative Record by January 12, 2026. The Parties will meet and confer within a reasonable time after January 12, 2026, to discuss whether additional discovery will be needed on the Plaintiffs' arbitrary-and-capricious claim. The Parties will file a notice updating the Court on the outcome of that discussion within a reasonable time after it occurs. The Plaintiffs will file their Motion for Partial Summary Judgment on their Administrative Procedure Act claims by February 23, 2026. The Defendants will file their Opposition and Cross-Motion for Summary Judgment on those claims by March 9, 2026. The Plaintiffs will file their Reply and Cross-Opposition by March 23, 2026. And the Defendants will file their Reply in support of their Cross-Motion by April 6, 2026. If, after discussing the issues above, the Parties believe the Court should move these deadlines, the Parties may file an appropriate motion. Signed by Judge Sparkle L. Sooknanan on 12/11/2025. (lcdl) Modified on 2/23/2026 (zljn).
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56
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Dec. 16, 2025
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TRANSCRIPT OF STATUS CONFERENCE before Judge Sparkle L. Sooknanan held on 12-11-25; Page Numbers: 1-29; Date of Issuance: 12-16-25; Court Reporter: Timothy R. Miller, Telephone Number (202) 354-3111. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/6/2026. Redacted Transcript Deadline set for 1/16/2026. Release of Transcript Restriction set for 3/16/2026.(Miller, Timothy) (Entered: 12/16/2025)
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RECAP
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57
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Dec. 29, 2025
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NOTICE (Joint) Regarding Discovery and Reporting by RAFAEL ANGEL LOPEZ OCON, YAMIL LUNA GUTIERREZ (Gelernt, Lee) (Entered: 12/29/2025)
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RECAP
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58
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Dec. 30, 2025
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NOTICE of Appearance by Pedro Sepulveda, Jr on behalf of All Plaintiffs (Sepulveda, Pedro) (Entered: 12/30/2025)
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RECAP
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59
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Jan. 5, 2026
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NOTICE (Joint) Regarding Discovery by RAFAEL ANGEL LOPEZ OCON, YAMIL LUNA GUTIERREZ (Gelernt, Lee) (Entered: 01/05/2026)
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RECAP
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Jan. 6, 2026
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MINUTE ORDER: In the Parties' 59 Joint Notice Regarding Discovery, the Parties dispute the scope of discovery for the Plaintiffs' contrary-to-law claim. The Defendants invoke the well-established principle that "in an APA case, a reviewing court 'should have before it neither more nor less information than did the agency when it made its decision.'" Hill Dermaceuticals, Inc. v. FDA, 709 F.3d 44, 47 (D.C. Cir. 2013) (quoting Walter O. Boswell Mem'l Hosp. v. Heckler, 749 F.2d 788, 792 (D.C. Cir. 1984)). But the D.C. Circuit has also recognized that in some circumstances, a court may "permit further discovery 'to ascertain the contours of the precise policy at issue,'" Hisp. Affs. Project v. Acosta, 901 F.3d 378, 388 (D.C. Cir. 2018) (quoting Venetian Casino Resort, L.L.C. v. EEOC, 530 F.3d 925, 388 (D.C. Cir. 2008)), or "fill[] in gaps in the record to determine what the agency actually did," Marshall Cnty. Health Care Auth. v. Shalala, 988 F.2d 1221, 1227 (D.C. Cir. 1993). On the Court's initial review, that appears to be the nature of the Plaintiffs' requests here—in response to the Defendants' suggestions that the challenged policy is "part of the government's efforts to facilitate [immigration detainees'] removals," Mot. Dismiss at 20, ECF No. 29, and that detention at Guantanamo constitutes a "staging point" amid execution of a removal order, Reply at 17, ECF No. 35. Accordingly, the Court ORDERS the Defendants to file a memorandum by January 13, 2026, providing any arguments opposing the Plaintiffs' requests that are not detailed in the 59 Joint Notice Regarding Discovery. The Plaintiffs shall file a response by January 16, 2026. Signed by Judge Sparkle L. Sooknanan on 1/6/2026. (lcdl)
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Jan. 6, 2026
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.Order
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60
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Jan. 7, 2026
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Unopposed MOTION for Extension of Time to Produce the Certified Administrative Record by PETE HEGSETH, TODD M. LYONS, KRISTI L. 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)(Perlmutter, Alexa) (Entered: 01/07/2026)
1 Text of Proposed Order
View on RECAP
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RECAP
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61
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Jan. 8, 2026
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NOTICE of Appearance by Malcolm McDermond on behalf of All Defendants (McDermond, Malcolm) (Entered: 01/08/2026)
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RECAP
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Jan. 8, 2026
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MINUTE ORDER granting the Defendants' 60 Motion for Extension of Time. The Defendants shall file the certified administrative record by January 16, 2026. Further, the Court ORDERS that the Plaintiffs shall respond to the Defendants' memorandum regarding discovery, see Min. Order (Jan. 6, 2026), by January 20, 2026. Signed by Judge Sparkle L. Sooknanan on 1/8/2026. (lcdl)
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Jan. 8, 2026
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Order on Motion for Extension of Time to AND Set/Reset Deadlines
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62
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Jan. 12, 2026
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ANSWER to Complaint by PETE HEGSETH, TODD M. LYONS, KRISTI L. 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.(Perlmutter, Alexa) (Entered: 01/12/2026)
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Clearinghouse
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63
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Jan. 12, 2026
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NOTICE Regarding Production of and Request to Bifurcate the Certified Administrative Record (JOINT) by PETE HEGSETH, TODD M. LYONS, KRISTI L. 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: 01/12/2026)
1 Text of Proposed Order
View on RECAP
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RECAP
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64
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Jan. 12, 2026
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MOTION to Bifurcate by PETE HEGSETH, TODD M. LYONS, KRISTI L. 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. (See Docket Entry 63 to view document) (zjm) (Entered: 01/13/2026)
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RECAP
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65
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Jan. 13, 2026
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MEMORANDUM re Order,,,,,,, by PETE HEGSETH, TODD M. LYONS, KRISTI L. 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. (Perlmutter, Alexa) (Entered: 01/13/2026)
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Clearinghouse
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Jan. 13, 2026
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Bifurcate
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66
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Jan. 14, 2026
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ORDER granting the Parties' 63 request to bifurcate the certified administrative record. See the attached document for details. Signed by Judge Sparkle L. Sooknanan on 1/14/2026. (lcdl) (Entered: 01/14/2026)
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RECAP
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