Case: Dvortsin v. Noem

U.S. District Court for the District of Colorado

El Gamal v. Noem

Emergency APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-10372078)Attorney Niels W. Frenzen added to party Susanna Dvortsin(pty:pet), Attorney Niels W. Frenzen added to party Hayam El Gamal(pty:pet), Attorney Niels W. Frenzen added to party E (child) S (child)(pty:pet), Attorney Niels W. Frenzen added to party A (child) S (child)(pty:pet), Attorney Niels W. Frenzen added to party H (child) S (child)(pty:pet), Attorney Niels W. Frenzen added to party O (child) S (child)(pty:pet), Attorney Niels W. Frenzen added to party H-2 (child) S (child)(pty:pet), filed by O (child) S (child), E (child) S (child), H-2 (child) S (child), Hayam El Gamal, Susanna Dvortsin, A (child) S (child), H (child) S (child). (Attachments: # 1 Civil Cover Sheet)(Frenzen, Niels) [Transferred from Colorado on 6/13/2025.] (Entered: 06/04/2025)

Emergency MOTION for Temporary Restraining Order by Petitioners Susanna Dvortsin, Hayam El Gamal, E (child) S (child), A (child) S (child), H (child) S (child), O (child) S (child), H-2 (child) S (child). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Frenzen, Niels) [Transferred from Colorado on 6/13/2025.] (Entered: 06/04/2025)

Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (efoga, ) Modified on 6/4/2025 to correct file date(efoga, ). [Transferred from Colorado on 6/13/2025.] (Entered: 06/04/2025)

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, ) Modified on 6/4/2025 to correct file date(efoga, ). [Transferred from Colorado on 6/13/2025.] (Entered: 06/04/2025)

ORDER granting in part and taking under advisement in part 2 Motion for TRO. In Court Hearing set for 6/13/2025 at 01:00 PM in Courtroom C202 before District Judge Gordon P Gallagher. by District Judge Gordon P Gallagher on 6/4/2025.(gpglc4, ) [Transferred from Colorado on 6/13/2025.] (Entered: 06/04/2025)

CERTIFICATE of Mailing/Service re 5 Order on Motion for TRO Proof of Service by Petitioner Susanna Dvortsin. (Frenzen, Niels) [Transferred from Colorado on 6/13/2025.] (Entered: 06/04/2025)

Unopposed MOTION for Leave to File Excess Pages for Memo in Support of TRO by Petitioner Susanna Dvortsin. (Frenzen, Niels) [Transferred from Colorado on 6/13/2025.] (Entered: 06/06/2025)

NOTICE of Entry of Appearance by Eric Thompson Lee on behalf of Susanna DvortsinAttorney Eric Thompson Lee added to party Susanna Dvortsin(pty:pet) (Attachments: # 1 Appendix Attorney Certificate)(Lee, Eric) [Transferred from Colorado on 6/13/2025.] (Entered: 06/06/2025)

ORDER re: 7 Petitioner's unopposed motion to exceed page limitations and file a 25 page brief is granted. Respondent is granted identical leave to exceed the normal page limitations. Given the short time frame before the hearing, no reply will be allowed without specific leave of the Court. So Ordered. Entered by District Judge Gordon P Gallagher on 06/06/2025. Text Only Entry(dclem) Modified on 6/6/2025 to add text. (sphil, ). [Transferred from Colorado on 6/13/2025.] (Entered: 06/06/2025)

NOTICE of Entry of Appearance by Zeyen Julian Wu on behalf of John Fabbricatore, Kristi Noem, Todd LyonsAttorney Zeyen Julian Wu added to party John Fabbricatore(pty:res), Attorney Zeyen Julian Wu added to party Kristi Noem(pty:res), Attorney Zeyen Julian Wu added to party Todd Lyons(pty:res) (Wu, Zeyen) [Transferred from Colorado on 6/13/2025.] (Entered: 06/06/2025)

NOTICE of Entry of Appearance by Christopher Godshall-Bennett on behalf of Susanna DvortsinAttorney Christopher Godshall-Bennett added to party Susanna Dvortsin(pty:pet) (Godshall-Bennett, Christopher) [Transferred from Colorado on 6/13/2025.] (Entered: 06/06/2025)

NOTICE of Entry of Appearance by Alexandra J. Berger on behalf of John Fabbricatore, Kristi Noem, Todd LyonsAttorney Alexandra J. Berger added to party John Fabbricatore(pty:res), Attorney Alexandra J. Berger added to party Kristi Noem(pty:res), Attorney Alexandra J. Berger added to party Todd Lyons(pty:res) (Berger, Alexandra) [Transferred from Colorado on 6/13/2025.] (Entered: 06/06/2025)

BRIEF in Support of 2 Emergency MOTION for Temporary Restraining Order filed by Petitioner Susanna Dvortsin. (Lee, Eric) [Transferred from Colorado on 6/13/2025.] (Entered: 06/06/2025)

NOTICE of Entry of Appearance by Michael Kenneth Velchik on behalf of John Fabbricatore, Kristi Noem, Todd LyonsAttorney Michael Kenneth Velchik added to party John Fabbricatore(pty:res), Attorney Michael Kenneth Velchik added to party Kristi Noem(pty:res), Attorney Michael Kenneth Velchik added to party Todd Lyons(pty:res) (Velchik, Michael) [Transferred from Colorado on 6/13/2025.] (Entered: 06/11/2025)

RESPONSE to 2 Emergency MOTION for Temporary Restraining Order filed by Respondents John Fabbricatore, Kristi Noem, Todd Lyons. (Attachments: # 1 Exhibit Exhibit 1 - Alexander Williams Declaration, # 2 Exhibit Exhibit 2 - Dustin Mehsling Declaration, # 3 Exhibit Exhibit 3 - Crystal Davis Declaration, # 4 Exhibit Exhibit 4 - Bryan Contreras Declaration)(Velchik, Michael) [Transferred from Colorado on 6/13/2025.] (Entered: 06/11/2025)

MINUTE ENTRY for proceedings held before District Judge Gordon P Gallagher: Based on the information set forth in Petitioners Brief (D. 13) and the Governments Response (D. 15), it does not appear that the relevant jurisdictional facts are in material dispute nor that a hearing would assist the Court in resolution of this matter. It is therefore Ordered that the hearing previously set for June 13, 2025 is VACATED and this Court will promptly issue a written order on the matter. So Ordered. (gpglc4, ) Text Only Entry [Transferred from Colorado on 6/13/2025.]

ORDER by District Judge Gordon P Gallagher on 6/12/2025. This case is transferred to the U.S. District Court for the Western District of Texas, with the TRO intact, until further Order of the transferee Court or the expiration of the 14-day limit of the TRO. The Clerk of the Court SHALL effectuate such transfer and thereafter close this case. (sphil, ) [Transferred from Colorado on 6/13/2025.] (Entered: 06/12/2025)

Case assigned to Judge Orlando L. Garcia. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (rqr)

If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (rqr)

Case electronically transferred in from District of Colorado- Denver Division; Case Number 1:25-cv-01741. (Entered: 06/13/2025)

NOTICE of Attorney Appearance by Rebecca Ruth Webber on behalf of Susanna Dvortsin. Attorney Rebecca Ruth Webber added to party Susanna Dvortsin(pty:pet) (Webber, Rebecca) (Entered: 06/13/2025)

MOTION to Appear Pro Hac Vice by Rebecca Ruth Webber ( Filing fee $ 100 receipt number ATXWDC-20329708) by on behalf of Susanna Dvortsin. (Attachments: # 1 Proposed Order)(Webber, Rebecca) (Entered: 06/13/2025)

MOTION to Appear Pro Hac Vice by Rebecca Ruth Webber ( Filing fee $ 100 receipt number ATXWDC-20330177) by on behalf of Susanna Dvortsin. (Attachments: # 1 Proposed Order)(Webber, Rebecca) (Entered: 06/14/2025)

MOTION to Appear Pro Hac Vice by Rebecca Ruth Webber ( Filing fee $ 100 receipt number ATXWDC-20339369) by on behalf of Susanna Dvortsin. (Attachments: # 1 Proposed Order)(Webber, Rebecca) (Entered: 06/17/2025)

To be Referred to SA Mag Judge

Case Assigned/Reassigned

Opposed MOTION for Temporary Restraining Order to be Extended by Susanna Dvortsin. (Attachments: # 1 Proposed Order)(Webber, Rebecca) (Entered: 06/17/2025)

STANDING ORDER for procedure in cases before Judge Garcia. All parties and counsel are directed to review Judge Garcia's Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6). Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Orlando L. Garcia. (r013) (Entered: 06/18/2025)

Order on Motion to Appear Pro Hac Vice

ORDER GRANTING 22 Motion for TRO. It is therefore ORDERED that, pursuant to the All Writs Act, 28 U.S.C. 1651(a) and Federal Rule of Civil Procedure 65(b), and in order to preserve the Court's Jurisdiction, Defendants SHALL NOT REMOVE Hayem El Gamal and her five children from the Western District of Texas or the United States unless or until this Court or the Fifth Circuit Court of Appeals vacates this Order. It is further ORDERED that this TRO shall expire 14 days after its entry. A hearing on Petitioner's Motion will be set by separate order prior to the expiration of the TRO. Signed by Judge Orlando L. Garcia. (mgr) (Entered: 06/18/2025)

Text Order GRANTING 21 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ROlc)

Text Order GRANTING 20 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ROlc)

Text Order GRANTING 19 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ROlc)

ORDER--The parties must submit written advisories-no later than Wednesday, June 25, 2025-regarding the following: whether Ms. El Gamal and her children are, in fact, being subjected to expedited removal proceedings as represented by the White House (see Dkt. No. 16 at 3-4, 7 n.7); and if not, whether there is any basis in law for the TRO to remain in effect or if it should be immediately dissolved; and whether the Court has jurisdiction to issue a show cause order or enter any further relief based on the current petition.. Signed by Judge Orlando L. Garcia. (rqr) (Entered: 06/23/2025)

AMENDED COMPLAINT against Todd Lyons, Kristi Noem, Sylvester Ortega, Jose Rodriguez Jr. amending 1 Petition for Writ of Habeas Corpus,,,., filed by Hayam El Gamal, Minor H.S., Minor O.S., Minor E.S., Minor A.S., H.S..(Lee, Eric) (Entered: 06/25/2025)

ADVISORY TO THE COURT by John Fabbricatore, Todd Lyons, Kristi Noem, Sylvester Ortega, Jose Rodriguez Jr. . (McAndrew, Lacy) (Entered: 06/25/2025)

ADVISORY TO THE COURT by Minor A.S., Minor E.S., Hayam El Gamal, H.S., Minor H.S., Minor O.S. . (Lee, Eric) (Entered: 06/25/2025)

ORDER--Because the INA precludes judicial review of Petitioners' claims under the present circumstances related to their pre-removal discretionary detention, the Court finds that Petitioners' habeas proceeding and their claims in this case must be and hereby are DISMISSED WITHOUT PREJDUICE. This case is CLOSED. Signed by Judge Orlando L. Garcia. (nm) (Entered: 07/02/2025)