Case: A.M. v. Larose

A.M. v. U.S. Customs and Immigration Enforcement

Petition for Writ of Habeas Corpus Against Christopher Larose, Pamela Bondi, Kristi Noem, U.S. Department of Homeland Security, Todd Lyons, Jason Aguilar, Sidney Aki, Gregory J. Archambeault, U.S. Customs and Immigration Enforcement, Core Civic, (Filing fee $5.00 receipt number ACASDC-19966962.), filed by A.M.. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:25-cv-1412-JO-AHG. Judge Jinsook Ohta and Magistrate Judge Allison H. Goddard are assigned to the case. (Howe, Emily)(ggv)(jrd) (Entered: 06/04/2025)

Minute Order by Judge Jinsook Ohta: Pursuant to Petitioners' request for a temporary restraining order [Dkt. 1 ], the Court hereby: (1) RESTRAINS and ENJOINS Respondents, their agents, employees, successors, attorneys, and all persons in active concert and participation with them, from removing Petitioner A.M. from the United States or this District pending further order of this Court; (2) ORDERS Petitioners to serve Respondents with the complaint and this Order as soon as practical, but no later than 5:00 p.m. on Thursday, June 5, 2025, and file proofs of service. Additionally, Petitioners must also serve the U.S. Attorney's Office for the Southern District of California by a method prescribed in Rule 4(i)(1)(A) by no later than 5:00 p.m. on Thursday, June 5, 2025, and file proof of service; (3) ORDERS Respondents to respond as soon as practical, but no later than 5:00 p.m. on Friday, June 6, 2025; and (4) ORDERS counsel for Petitioners and Respondents to appear on Monday, June 9, 2025, at 2:00 p.m., in Courtroom 4C before Judge Jinsook Ohta for oral argument on this Order. At the hearing, the Court will determine whether to vacate this Order or extend it pending further proceedings. Signed by Judge Jinsook Ohta on 6/4/2025. (iss) (smy). (Entered: 06/04/2025)

Minute Order (No Time)

Minute Order by Judge Jinsook Ohta: The Court ORDERS each party to submit briefing addressing provisional class certification pursuant to Federal Rule of Civil Procedure 23(b)(2) by 9:00 a.m., Saturday June 7, 2025. Signed by Judge Jinsook Ohta on 6/5/2025. (kxh) (Entered: 06/05/2025)

** DOCUMENT WITHDRAWN PER ECF No. 16 ** CERTIFICATE OF SERVICE by A.M. re 1 Petition for Writ of Habeas Corpus,, (Howe, Emily) (dim). Modified on 6/9/2025 to withdrawn document (ggv). (Entered: 06/05/2025)

MOTION USING PSEUDONYM IN AMENDED PETITION FOR WRIT OF HABEAS CORPUS AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND LENGTHEN TIME TO SERVE ALL RESPONDENTS re 2 Minute Order (No Time),,,,, by A.M.. (Howe, Emily) (dim). (Entered: 06/05/2025)

Minute Order (No Time)

NOTICE of Appearance by Erin Dimbleby on behalf of Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security (Dimbleby, Erin)Attorney Erin Dimbleby added to party Jason Aguilar(pty:res), Attorney Erin Dimbleby added to party Sidney Aki(pty:res), Attorney Erin Dimbleby added to party Gregory J. Archambeault(pty:res), Attorney Erin Dimbleby added to party Pamela Bondi (pty:res), Attorney Erin Dimbleby added to party Christopher Larose(pty:res), Attorney Erin Dimbleby added to party Todd Lyons(pty:res), Attorney Erin Dimbleby added to party Kristi Noem(pty:res), Attorney Erin Dimbleby added to party U.S. Customs and Immigration Enforcement(pty:res), Attorney Erin Dimbleby added to party U.S. Department of Homeland Security(pty:res) (ggv). (Entered: 06/06/2025)

RESPONSE re 2 Minute Order (No Time),,,,, Response in Opposition to Application for Temporary Restraining Order filed by Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security. (Attachments: # 1 Declaration of Marielle Ceja, # 2 Exhibit 1)(Dimbleby, Erin) (ggv). (Entered: 06/06/2025)

1 Declaration of Marielle Ceja

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2 Exhibit 1

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NOTICE of Appearance by Lisa M. Hemann on behalf of Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security (Hemann, Lisa)Attorney Lisa M. Hemann added to party Jason Aguilar(pty:res), Attorney Lisa M. Hemann added to party Sidney Aki(pty:res), Attorney Lisa M. Hemann added to party Gregory J. Archambeault(pty:res), Attorney Lisa M. Hemann added to party Pamela Bondi (pty:res), Attorney Lisa M. Hemann added to party Christopher Larose(pty:res), Attorney Lisa M. Hemann added to party Todd Lyons(pty:res), Attorney Lisa M. Hemann added to party Kristi Noem(pty:res), Attorney Lisa M. Hemann added to party U.S. Customs and Immigration Enforcement(pty:res), Attorney Lisa M. Hemann added to party U.S. Department of Homeland Security(pty:res) (ggv). (Entered: 06/06/2025)

RESPONSE re 3 Minute Order (No Time), (Respondents' Opposition to Class Certification) filed by Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security. (Hemann, Lisa) (ggv). (Entered: 06/06/2025)

** DOCUMENT WITHDRAWN PER ECF No. 16 ** CERTIFICATE OF SERVICE by A.M. (Howe, Emily) (ggv). (Entered: 06/06/2025)

AMENDED COMPLAINT Petitioner A.M. against Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Core Civic, Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security, filed by A.M.. (Howe, Emily) QC mailer sent regarding duplicate entry (missing case number) (ggv). (Entered: 06/06/2025)

NOTICE OF WITHDRAWAL OF DOCUMENT by A.M. (Docket Nos 4 and 14). (Attachments: # 1 Proof of Service)(Howe, Emily) (ggv). (Entered: 06/06/2025)

Minute Order by Judge Jinsook Ohta: Petitioner filed a motion requesting additional time to serve all Respondents in light of the absence of the issuance of a summons. Dkt. 5. The Court GRANTS this motion in part and ORDERS Petitioner to serve all Respondents and the U.S. Attorney's office for the Southern District of CA with a copy of the Petition and the Court's order granting a limited temporary restraining order and setting a hearing on the motion for TRO by 5:00 p.m., Friday, June 6, 2025, and file proof of service. Signed by Judge Jinsook Ohta on 6/6/2025. (kxh) (Entered: 06/06/2025)

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (ggv) (Entered: 06/06/2025)

Minute Order by Judge Jinsook Ohta: Because a summons in this matter has been issued, Dkt. 7, the Court ORDERS Petitioner to proceed with service as required by Fed. R. Civ. P. 4(i). Petitioner must serve all Respondents and the U.S. Attorney's office for the Southern District of CA by 5:00 p.m., Friday, June 6, 2025, and file proof of service. Signed by Judge Jinsook Ohta on 6/6/2025. (kxh) (Entered: 06/06/2025)

Minute Order by Judge Jinsook Ohta: Petitioner A.M. filed a motion requesting to proceed via a pseudonym. Dkt.5. Specifically, Petitioner seeks to (1) seal the first page of his habeas corpus petition, which is currently only accessible to the Court and case participants, as it inadvertently included identifying information and (2) proceed in this litigation with the initials "A.M." Id. at 2.The Court finds Petitioner has demonstrated this is an "unusual case" where nondisclosure of the party's identity "is necessary... to protect a person from harassment, injury, ridicule or personal embarrassment." Does I Thru XXIII v. Advanced Textile Corp., 214 F.3d 1058, 1067-68 (9th Cir. 2000) (alteration in original) (quoting United States v. Doe, 655 F.2d 920, 922 n.1 (9th Cir. 1981)). Where a party seeks to proceed pseudonymously on the basis of retaliatory harm, "a district court must balance five factors: '(1) the severity of the threatened harm, (2) the reasonableness of the anonymous party's fears,... (3) the anonymous party's vulnerability to such retaliation,' (4) the prejudice to the opposing party, and (5) the public interest." Doe v. Kamehameha Schs./Bernice Pauahi Bishop Est., 596 F.3d 1036, 1042 (9th Cir. 2010).Here, the balance of factors weighs in favor of Petitioner proceeding pseudonymously considering his safety concerns as Sahrawi man seeking asylum in this country. Petitioner alleges that that he was arrested outside the immigration court located on 880 Front Street on June 3, 2025 and is at imminent risk of being deported to Morocco where he has faced persecution and torture. Dkt. 1, par. 1, 3-4, 19, 23. Petitioner's concerns for his safety--that he faces persecution or death--if deported are amplified if his identifying information were to be disclosed to the public and Moroccan authorities knew he sought asylum. Dkt. 5; Kamehameha Schools, 596 F.3d at 1043 (Threats of physical harm "present[ ] the paradigmatic case for allowing anonymity."). The Ninth Circuit and district courts have recognized retaliation from a foreign government as a sufficient basis to proceed anonymously. Does I thru XXIII, 214 F.3d at 1063 (considering possible retaliation by the Chinese government against Chinese national plaintiffs residing in Saipan and their family members residing in China as supporting the use of pseudonyms); Al Otro Lado, Inc. v. Nielsen, No. 17-CV-02366-BAS-KSC, 2017 WL 6541446, at *8 (S.D. Cal. Dec. 20, 2017) (granting plaintiffs' requests to proceed pseudonymously considering their identity is not central to the legal merits of their asylum claim).Based on the Court's review of the severity of the harm, the reasonableness of the Petitioner's proffered fears, and the Petitioner's vulnerability to retaliation, the Court finds that the need for anonymity in this case outweighs countervailing considerations of potential prejudice to Respondents. See Kamehameha Schools, 596 F.3d at 1042. The Court also finds that revealing the identity of Petitioner would not advance the public's understanding of these legal proceedings. For the same reasons, the Court finds the compelling reasons standards to seal the first page of Petitioner's complaint has been demonstrated. Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006); see Poozesh v. Pompeo, No. 119CV01466LJOSKO, 2019 WL 6052363, at *2 (E.D. Cal. Nov. 15, 2019) (granting the sealing of pleadings containing asylum seeking plaintiffs' identifying information considering plaintiffs showed that the potential retaliation from the Iranian government was severe, plaintiffs' fear of retaliation was reasonable, and they were vulnerable to such retaliation if their identities were made public).The Court GRANTS Petitioner's sealing motion and request to proceed pseudonymously [Dkt. 5 ]. Petitioner shall submit an amended complaint that is identical to his initial complaint, except that it only identifies Petitioner as "A.M." The Clerk of Court shall seal Petitioner's initial complaint. Signed by Judge Jinsook Ohta on 6/6/2025. (kxh) (Entered: 06/06/2025)

Minute Order (No Time)

Order on Motion for Miscellaneous (Other 1)

NOTICE by A.M. (Howe, Emily) (ggv). (Entered: 06/07/2025)

AMENDED COMPLAINT AND PETITION FOR WRIT OF HABEAS against Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Core Civic, Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security, Executive Office of Immigration Review (EOIR), filed by A.M.. (Attachments: # 1 Civil Cover Sheet)New Summons Requested. (Howe, Emily) (ggv). (Entered: 06/07/2025)

1 Civil Cover Sheet

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Minute Order by Judge Jinsook Ohta: On June 7, 2025, Plaintiff filed an amended petition for habeas corpus, declaratory and injunctive relief, and for class certification. Dkt. 18 . Because the amended petition makes substantively different requests for relief, based on different grounds, the Court orders the following briefing schedule: Respondents shall file any opposition briefing to the amended petition by 5:00 P.M. on Wednesday, June 11, 2025. Plaintiffs shall file a reply brief by 5:00 p.m. on Friday, June 13, 2025. The Court converts the hearing set for Monday, June 9,2025 to a status hearing, and sets a hearing with oral argument for 2:00 p.m. on Monday, June 16, 2025 in Courtroom 4C before Judge Jinsook Ohta. Signed by Judge Jinsook Ohta on 6/8/2025.(kxh) (Entered: 06/08/2025)

Minute Order (No Time) AND ~Util - Set Hearings

NOTICE of Appearance of Samuel W. Bettwy and Mary Cile Glover-Rogers by Mary Tommicile Glover-Rogers on behalf of Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Executive Office of Immigration Review (EOIR), Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security (Glover-Rogers, Mary)Attorney Mary Tommicile Glover-Rogers added to party Jason Aguilar(pty:res), Attorney Mary Tommicile Glover-Rogers added to party Sidney Aki(pty:res), Attorney Mary Tommicile Glover-Rogers added to party Gregory J. Archambeault(pty:res), Attorney Mary Tommicile Glover-Rogers added to party Pamela Bondi (pty:res), Attorney Mary Tommicile Glover-Rogers added to party Executive Office of Immigration Review (EOIR)(pty:dft), Attorney Mary Tommicile Glover-Rogers added to party Christopher Larose(pty:res), Attorney Mary Tommicile Glover-Rogers added to party Todd Lyons(pty:res), Attorney Mary Tommicile Glover-Rogers added to party Kristi Noem(pty:res), Attorney Mary Tommicile Glover-Rogers added to party U.S. Customs and Immigration Enforcement(pty:dft), Attorney Mary Tommicile Glover-Rogers added to party U.S. Customs and Immigration Enforcement(pty:res), Attorney Mary Tommicile Glover-Rogers added to party U.S. Department of Homeland Security(pty:res) (ggv). (Entered: 06/09/2025)

Minute Entry for proceedings held before Judge Jinsook Ohta: Status Hearing re TRO held on 6/9/2025. (Court Reporter/ECR Cristine Gerongco). (Petitioner Attorney Emily Howe). (Respondent Attorney Lisa M. Hemann; Mary Tommicile Glover-Rogers; Samuel W. Bettwy). (no document attached) (smy) (Entered: 06/09/2025)

Minute Order by Judge Jinsook Ohta: On June 9, 2025, the Court held a status conference in this matter. Dkt. 21. The Court orders Petitioner to submit the following by 5:00 P.M., Wednesday, June 11, 2025: (1) an amended petition that includes the background facts detailing Petitioner's regular removal proceedings (initiation, release on bond, status of proceedings at the time of detention, and dismissal) as stated by counsel on the record at this status conference, and all of his claims and their bases; (2) a motion for temporary restraining order addressing why there is good cause for extension of the current temporary restraining order under Fed. R. Civ. Pro. 65(b)(2); (3) a motion for provisional class certification; and (4) an update on the status of co-counsel. If Petitioner intends to proceed with a claim for denial of access to counsel, in addition to what appears to be his due process and APA claims stemming from being diverted from regular removal proceeding to expedited removal proceedings, he is to amend his petition accordingly to include the facts alluded to by counsel surrounding such denial by Respondent Core Civic at the Otay Mesa Detention Center. The Court orders Respondents to respond to the above by 5:00 P.M., Friday, June 13, 2025. Respondents' brief in response shall also provide additional information regarding its practice within the Southern District of California of dismissing proceedings under Section 240 of the INA, detaining these asylum seekers, and initiating removal proceedings under Section 235, including whether this practice applies to or is directed toward all asylum seekers who appear in immigration court for removal proceedings. If this practice or policy is only directed towards some asylum seekers who have individual merits hearings scheduled in immigration court, Respondents are ordered to describe the criteria used to determine which of these asylum seekers are subject to termination of INA 240 proceedings and initiation of expedited removal proceedings.Both parties are also ordered to supplement the factual record with the Notice to Appear originally issued to Petitioner, the order dismissing Petitioner's immigration case on June 3, 2025, and the warrant issued for Petitioner, as well as any additional documents in his immigration case relevant to the petition. The Court will hold the hearing on the requests for temporary restraining order and provisional class certification at 9:30 a.m. on Wednesday, June 18, 2025 in Courtroom 4C before Judge Jinsook Ohta. Signed by Judge Jinsook Ohta on 6/9/2025.(kxh) (Entered: 06/09/2025)

AMENDED DOCUMENT by A.M.. Amendment to 18 Amended Complaint, Redlined. (Howe, Emily)(rxc). (Entered: 06/09/2025)

Status Hearing

Minute Order (No Time) AND ~Util - Set Hearings

Minute Order by Judge Jinsook Ohta: Petitioner is ordered to notify the Court before 4:30 p.m. June 10, 2025 of whether he consents to the unsealing of this matter so that documents, aside from those that have been sealed by the Court, may be publicly accessible since he seeks to prosecute a class action. Signed by Judge Jinsook Ohta on 6/10/2025.(kxh) (Entered: 06/10/2025)

NOTICE OF CONSENT TO UNSEAL THIS MATTER by A.M. re 24 Minute Order (No Time), (Howe, Emily) (rxc). (Entered: 06/10/2025)

Minute Order by Judge Jinsook Ohta: Pursuant to this District's General Order 514, this case was opened with access limited to case participants and court terminal users only. In accordance with Petitioner's consent to unrestrict this matter considering he seeks to prosecute a class action, Dkt. 25, the Court ORDERS the Clerk of Court to unrestrict this case. Petitioner's initial complaint, Dkt. 1, shall remain sealed and the redlines to his Amended Complaint, Dkt. 23, shall remain restricted to only case participant access. Signed by Judge Jinsook Ohta on 6/10/2025.(kxh) (Entered: 06/10/2025)

Minute Order (No Time)

AMENDED COMPLAINT FIRST against A.M., filed by A.M.. (*** EXHIBITS STRICKEN PER ORDER AT DKT. 29 *** Attachments: # 1 Exhibit I: NTA; II: Administrative 200) (Howe, Emily) (Attachment 1 replaced on 6/11/2025) (smy). Modified on 6/11/2025 to indicate exhibits are stricken per the Court's order at Dkt. 29 (smy). (bdc). (Entered: 06/11/2025)

1 Exhibit I: NTA; II: Administrative 200

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NOTICE OF STATUS OF COUNSEL AND MOVE TO LENGTHEN TIME by A.M. (Howe, Emily) QC Mailer sent re: Wrong Event (bdc). (Entered: 06/11/2025)

Minute Order by Judge Jinsook Ohta: On June 11, 2025, Petitioner filed a Second Amended Complaint (erroneously titled First Amended Complaint). Dkt. 27 . Despite the Court's prior granting of Petitioner's request to proceed under pseudonym, Dkt. 9, the Second Amended Complaint contains exhibits with Petitioner's identifying information. Considering the safety concerns previously expressed by Petitioner, the Court STRIKES Exhibits I and II submitted in support of Petitioner's Second Amended Complaint. Signed by Judge Jinsook Ohta on 6/11/2025. (kxh) (Entered: 06/11/2025)

Minute Order (No Time)

Minute Order by Judge Jinsook Ohta: On June 11, 2025, the Court struck Exhibits I and II submitted in support of Petitioner's Second Amended Complaint because it contained Petitioner's identifying information. Dkt. 29 . In light of the Court's order allowing Petitioner to proceed pseudonymously, the Court orders Petitioner to refile these exhibits with redactions to identifying information by 5:00 p.m., June 12, 2025.Petitioner also filed a motion requesting to seal a forthcoming status update providing additional details regarding his counsel's efforts to secure co-counsel in this purported class action. Dkt. 28 . The Court does not require additional briefing on counsel's efforts. Thus, this motion is DENIED as moot. Signed by Judge Jinsook Ohta on 6/12/2025. (kxh) (Entered: 06/12/2025)

Minute Order by Judge Jinsook Ohta: On June 12, 2025, the Court received an ex parte email from Petitioner's counsel that contained a filing addressing Petitioner's counsel's efforts to obtain co-counsel. Due to the time-sensitive nature of deadlines set by the Court in this matter, as an administrative courtesy, the Court has been forwarding orders after issuance to all counsel of record. All parties are reminded that the Court's e-file email address is not intended for receipt of filings, nor is it intended as an avenue for counsel to communicate with the Court. Signed by Judge Jinsook Ohta on 6/12/2025.(kxh) (Entered: 06/12/2025)

Minute Order by Judge Jinsook Ohta: The Court received Petitioner's amended pleadings on Wednesday, June 11, 2025. Dkt. 27. The Court requests that the Government specifically address the following issues in its briefing due 5:00 p.m. Friday, June 13, 2025. First, whether termination of removal proceedings under INA § 240 to place a petitioner who already has their individual merits hearing scheduled into expedited removal proceedings under INA § 235(b)(1) violates due process, their statutory right to apply for asylum, or the APA. Second, whether an agency can unilaterally detain a petitioner who was already granted bond by an immigration judge by terminating their underlying proceedings and initiating expedited removal proceedings. See Gunaydn v. Trump, No. 25-CV-01151, 2025 WL 1459154 (D. Minn. May 21, 2025); see also Ozturk v. Hyde, 136 F.4th 382, 397-8 (2d Cir. 2025). Third, whether denial of access to counsel by a private detention facility contracted by the government violates the Sixth Amendment. See Linton v. Perini, 656 F.2d 207, 211 (6th Cir.1981) ("A key consideration in the right to counsel under the Sixth Amendment is a reasonable opportunity to employ and consult with counsel.") Signed by Judge Jinsook Ohta on 6/12/2025.(kxh) (Entered: 06/12/2025)

Ex Parte MOTION to Vacate Defendants' Briefing Deadlines, Set Time for Defendants' Response to Plaintiffs' Complaint, and Convert June 18, 2025 Temporary Restraining Order and Class Certification Hearing to a Status Conference by Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Executive Office of Immigration Review (EOIR), Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security. (Attachments: # 1 Declaration of Mary Cile Glover-Rogers)(Glover-Rogers, Mary) (Entered: 06/12/2025)

1 Declaration of Mary Cile Glover-Rogers

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NOTICE OF FILING (REDACTED EXHIBITS I-II) by A.M. re 30 Minute Order (No Time),,, (Attachments: # 1 Exhibit I: NTA; II: Administrative 200 (Redacted))(Howe, Emily) (Entered: 06/12/2025)

Minute Order by Judge Jinsook Ohta: Respondents-Defendants filed a motion requesting the Court (1) vacate their June 13, 2025 briefing deadline on Plaintiff's temporary restraining order ("TRO") motion and class certification motion; (2) set August 11, 2025 as the deadline for Respondents-Defendants to file a response Plaintiffs' operative amended complaint; and (3) convert the June 18, 2025 temporary restraining order and class certification hearing to a status conference. Dkt. 33 . Considering Petitioner's failure to file separate motions for TRO and class certification as ordered by the Court on June 9, 2025, see Dkt. 22, and instead only filed an amended complaint, the Court GRANTS in part and DENIES in part this motion. The Court orders Petitioner-Plaintiff to file (1) a motion for temporary restraining order addressing why there is good cause for extension of the current temporary restraining order under Fed. R. Civ. Pro. 65(b)(2) and (2) a motion for provisional class certification by 12:00 P.M., Friday, June 13, 2025. Respondents shall file their responsive briefing by 9:00 A.M., Monday, June 16, 2025. The Court CONVERTS the June 18, 2025 hearing to a status conference. Signed by Judge Jinsook Ohta on 6/12/2025. (kxh) (Entered: 06/12/2025)

Minute Order (No Time)

Order on Motion to Vacate

** DOCUMENT WITHDRAWN PER ECF No. 45 ** NOTICE OF MOTION TO FILE FOR EXCUSABLE NEGLECT by A.M. (Howe, Emily) QC mailer sent regarding blank documents (ggv). Modified on 6/17/2025 to withdrawal document (ggv). (Entered: 06/13/2025)

NOTICE OF MOTIONS by A.M. (Attachments: # 1 Notice OF MOTION AND MOTION FOR EXTENSION OF THE CURRENT CONTINUANCE OF RESTRAINING ORDER, # 2 Notice OF MOTION AND MOTION FOR PUTATIVE CLASS FOR TEMPORARY EMERGENCY RELIEF)(Howe, Emily) (ggv). (Entered: 06/13/2025)

1 Notice OF MOTION AND MOTION FOR EXTENSION OF THE CURRENT CONTINUANCE OF RESTRAIN

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2 Notice OF MOTION AND MOTION FOR PUTATIVE CLASS FOR TEMPORARY EMERGENCY RELIEF

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Minute Order by Judge Jinsook Ohta: On June 13, 2025, Petitioner filed a motion requesting to extend the Court's 12:00 P.M., June 13, 2025 deadline to file motions for temporary restraining order and class certification. Dkt. 37 . The Court finds good cause does not exist to extend this deadline as the request was filed after Petitioner's counsel already failed to meet the Court's deadline - a deadline that the Court already continued after counsel's first failure to obey the Court's prior June 11, 2025 deadline for these motions. See Dkts. 22, 35. Thus, the Court DENIES this request and orders Petitioner to file (1) a motion for temporary restraining order addressing why there is good cause for extension of the current temporary restraining order under Fed. R. Civ. Pro. 65(b)(2) and (2) a motion for provisional class certification by 11:59 P.M., Friday, June 13, 2025.The Court further clarifies that independent of any forthcoming TRO motion and class certification motion, Respondents are required to file a response addressing the issues identified in the Court's June 9, 2025 order, Dkt. 22, by 9:00 A.M. Monday, June 16, 2025.These deadlines will remain unless the parties stipulate to extend the Court's order granting temporary relief, Dkt. 2, past the initial 14 day period provided by Fed. R. Civ. P. 65(b). Signed by Judge Jinsook Ohta on 6/13/2025.(kxh) (Entered: 06/13/2025)

NOTICE Pursuant to June 9 and June 12 Minute Orders (ECF Nos. 22, 32) by Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Executive Office of Immigration Review (EOIR), Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security re 32 Minute Order (No Time),,,,, 22 Minute Order (No Time),,,,,,,,,,, Set Hearings,,,,,,,,,, (Attachments: # 1 Table of Exhibits)(Hemann, Lisa)Attorney Lisa M. Hemann added to party Executive Office of Immigration Review (EOIR)(pty:dft), Attorney Lisa M. Hemann added to party U.S. Customs and Immigration Enforcement(pty:dft) (ggv). (Entered: 06/13/2025)

1 Table of Exhibits

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NOTICE AND MOTION by A.M. (Attachments: # 1 Motion for Putative Class Certification for Emergency Purposes)(Howe, Emily) (ggv). (Entered: 06/13/2025)

Minute Order (No Time)

MOTION to Appoint Expert, MOTION to Amend/Correct MOTION FOR A TEMPORARY RESTRAINING ORDER by A.M.. (Howe, Emily) (ggv). (Entered: 06/14/2025)

Exhibit List with Witness Declarations by A.M.. (Attachments: # 1 Exhibit of Courthouse Arrests, # 2 Declaration Legal Observers)(Howe, Emily) (ggv). (Entered: 06/14/2025)

Minute Order by Judge Jinsook Ohta: On June 12, 2025, the Court requested briefing from Respondents regarding, among other issues, the alleged denial of access to counsel at Otay Mesa Detention Center. Dkt. 32. On June 13, 2025, Respondents filed a notice regarding the Court's June 9, 2025 and June 12, 2025 minute orders. Dkt. 39. In its notice, Respondents stated that "Plaintiff A.M. has not provided any factual basis to support a claim for denial of access to counsel." Id. The Court orders counsel for Petitioner to file a declaration regarding the steps she has taken to speak with her client at the Otay Mesa Detention Center, and why she has been unable to meet with him despite those requests, by 5:00 p.m., June 14, 2025. Signed by Judge Jinsook Ohta on 6/14/2025.(kxh) (Entered: 06/14/2025)

NOTICE OF DECLARATION by A.M. re 43 Minute Order (No Time),,, (Attachments: # 1 Declaration of Emily Howe Pursuant to June 14 Minute Order [ECF No. 43])(Howe, Emily) (ggv). (Entered: 06/14/2025)

Minute Order (No Time)

NOTICE OF WITHDRAWAL AND REFILING by A.M. re 36 Notice (Other) (Attachments: # 1 Notice of Motion and Motion for Excusable Neglect)(Howe, Emily) (ggv). (Entered: 06/16/2025)

NOTICE (Supplemental Notice Re: Plaintiff's Immigration Proceedings) by Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Executive Office of Immigration Review (EOIR), Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security (Attachments: # 1 Exhibit 11)(Hemann, Lisa) (rxc). (Entered: 06/17/2025)

1 Exhibit 11

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Minute Order by Judge Jinsook Ohta: For the reasons discussed on the record at the June 18, 2025, status hearing, the Court sets an evidentiary hearing for 10:30 a.m. on Monday, June 23, 2025. At the evidentiary hearing, the Government should bring a witness from DHS who can testify regarding (1) the decision to terminate petitioner's INA § 240 proceedings and to instead detain him and initiate INA § 235 proceedings; and (2) its decision-making process in determining which, and how many, individuals whose INA §240 proceedings have been or will be terminated to initiate INA §235 proceedings, including which cases they select for review and the criteria used in determining whether they will pursue this course of action for a particular case. During this same hearing, Petitioner should be prepared to testify regarding his conditions of detention, his purported medical issues, his credible fear interview, and the basis for his asylum claim. The Court will separately issue a Writ of Habeas Ad Testificandum to secure his presence at the June 23, 2025 hearing. Signed by Judge Jinsook Ohta on June 18, 2025. (Entered: 06/18/2025)

Minute Order by Judge Jinsook Ohta: As discussed on the record at the June 18, 2025, status hearing, the Court sets the following briefing schedule for the preliminary injunction hearing set for July 2, 2025. Petitioner is ordered to file an amended habeas petition to confirm that he is seeking the following relief, as he clarified on the record during the June 18, 2025 status conference: (1) Petitioner's immediate release from custody; (2) a declaration that the purported practice and policy of terminating standard removal proceedings and detaining noncitizens at the San Diego Immigration Court is unlawful; (3) an order enjoining his transfer out of this district pending resolution of these proceedings; and (4) and an order enjoining the practice of detaining individuals in and around immigration courtrooms, federal courtrooms, and state courtrooms. Petitioner shall file this amended and red-lined habeas petition by 5:00 p.m. on Friday, June 20, 2025. Also as discussed on the record, Petitioner is also ordered to file a motion for a preliminary injunction, with a memorandum of supporting law and authorities, to support any preliminary injunctive relief that he is seeking pending the resolution of these proceedings (e.g. an order to continue to enjoin his transfer out of the district pending the outcome of these habeas proceedings and/or to release him pending the outcome of his asylum proceedings) by 5:00 p.m. on Wednesday, June 23, 2025. The government is ordered to respond to the amended habeas petition and motion for preliminary injunction by 12:00 p.m. on Saturday, June 28, 2025; petitioner may file a reply by 12:00 p.m. on Monday, June 30, 2025. Signed by Judge Jinsook Ohta on June 18, 2025. Modified on 6/18/2025 (rxc). (Entered: 06/18/2025)

Order and Writ of Habeas Corpus Ad Testificandum as to Petitioner A.M. for June 23, 2025 at 10:30 a.m. in Courtroom 4C before the Honorable Jinsook Ohta. Signed by Judge Jinsook Ohta on 6/18/2025. (smy) (Entered: 06/18/2025)

Minute Entry for proceedings held before Judge Jinsook Ohta: Status Conference held on 6/18/2025. A Preliminary Injunction Hearing is set for 7/2/2025 09:30 AM in Courtroom 4C before Judge Jinsook Ohta. (Court Reporter/ECR Jessica Torres Borynack). (Petitioner Attorney Emily Howe). (Respondent Attorneys Erin Dimbleby; Lisa M. Hemann; Mary Tommicile Glovers-Rogers). (no document attached) (smy) (Entered: 06/18/2025)

Minute Order (No Time)

Status Conference AND ~Util - Set Hearings

Minute Order by Judge Jinsook Ohta: Pursuant to Respondents' discussion with the Court on the record at the June 18, 2025 status hearing, the Court orders Respondents to facilitate Petitioner's counsel's request to access Petitioner while he is detained at Otay Mesa Detention Center. Signed by Judge Jinsook Ohta on 6/19/2025.(kxh) (Entered: 06/19/2025)

Minute Order (No Time)

Minute Order by Judge Jinsook Ohta: Pursuant to the Court's June 18, 2025 ruling on the record, Respondents, their agents, employees, successors, attorneys, and all persons in active concert and participation with them continued to be RESTRAINED and ENJOINED from removing Petitioner A.M. from the United States or this District pending further order of this Court.On June 20, 2025, the U.S. Marshal informed the Court that Petitioner is no longer detained at Otay Mesa Detention Center. The Court orders Respondents to locate and inform the Court of Petitioner A.M.'s current whereabouts as Petitioner's production has been ordered by the Court's June 18, 2025 Writ of Habeas Corpus Ad Testificandum. Respondents' notice must be filed no later than 3:00 p.m., Friday, June 20, 2025. Signed by Judge Jinsook Ohta on 6/20/2025.(kxh) (Entered: 06/20/2025)

STATUS REPORT Pursuant to Court's June 20, 2025 Minute Order by Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Executive Office of Immigration Review (EOIR), Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 1)(Glover-Rogers, Mary) (rxc). (Entered: 06/20/2025)

1 Exhibit 1

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Ex Parte MOTION to Vacate June 23, 2025 Evidentiary Hearing, or in the Alternative, Motion to Continue and Conduct Hearing In Camera by Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Executive Office of Immigration Review (EOIR), Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security. (Glover-Rogers, Mary) (rxc). (Entered: 06/20/2025)

Minute Order by Judge Jinsook Ohta: Respondents filed an ex parte motion requesting the Court vacate the June 23, 2025 evidentiary hearing, or in the alternative, continue the hearing to an in camera conference because the forthcoming testifying may implicate the law enforcement and deliberative process privileges. Dkt. 54. The Court GRANTS in part Respondents' request for a continuance to allow Respondents to file supplemental briefing and any necessary declarations from agency officials to address whether testimony from a DHS witness will implicate the above privileges. Respondents may file their briefing by 5:00 p.m., June 25, 2025. The Court DENIES without prejudice Respondents' request to vacate the June 23, 2025 evidentiary hearing and proceed with an in camera conference as the forthcoming testimony is necessary in the Court's assessment of whether any preliminary injunctive relief pursuant to Fed. R. Civ. P 65 or other relief is appropriate. The Court CONTINUES the evidentiary hearing to June 30, 2025 at 9:30 A.M. in Courtroom 4C before Judge Jinsook Ohta. Signed by Judge Jinsook Ohta on 6/20/2025. (kxh) (smy) (Entered: 06/20/2025)

AMENDED COMPLAINT Third; Petition for Writ of Habeas against Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Core Civic, Executive Office of Immigration Review (EOIR), Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security, filed by A.M.. (Attachments: # 1 Exhibit Redlined Complaint) (Howe, Emily) (ggv). (Entered: 06/20/2025)

Minute Order (No Time)

Order on Motion to Vacate

Ex Parte MOTION to Vacate Temporary Restraining Order and Evidentiary Hearing, and to Extend Briefing Schedule by Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Executive Office of Immigration Review (EOIR), Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit)(Hemann, Lisa) (rxc). Modified on 6/26/2025 to add gavel back per chambers (rxc). (Entered: 06/24/2025)

1 Exhibit

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Minute Order by Judge Jinsook Ohta: On June 24, 2025, Respondents filed an ex parte motion requesting the Court vacate its Temporary Restraining Order and the June 30, 2025 Evidentiary Hearing, and to extend the briefing schedule concerning Petitioner's habeas petition, the motion for preliminary injunction, and supplemental briefing regarding asserted privileges. Dkt. 57 . The Court ORDERS Petitioner to file a response to Respondents' ex parte motion by 12:00 P.M., June 26, 2025. Signed by Judge Jinsook Ohta on 6/25/2025.(kxh) (Entered: 06/25/2025)

SUPPLEMENTAL BRIEFING by Respondents Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security, Defendants Executive Office of Immigration Review (EOIR), U.S. Customs and Immigration Enforcement in Support of Ex Parte Application to Vacate June 23, 2025 Evidentiary Hearing, or in the Alternative, Motion to Continue and Conduct Hearing in Camera. (Attachments: # 1 Exhibit 1)(Glover-Rogers, Mary) (rxc). (Entered: 06/25/2025)

1 Exhibit 1

View on RECAP

MOTION for Preliminary Injunction by A.M.. (Attachments: # 1 Memo of Points and Authorities)(Howe, Emily) (rxc). (Entered: 06/25/2025)

Minute Order (No Time)

***DOCKETED IN ERROR.*** (rxc). (Entered: 06/26/2025)

RESPONSE in Opposition to Motion Notice of Opposition to Defendant's Ex Parte Motion to Vacate Hearings by A.M. re 58 Minute Order (No Time),, (Attachments: # 1 Declaration of A.M., # 2 Exhibit in support of hearings and protective relief)(Howe, Emily) Modified on 6/27/2025 to correct event and text, QC mailer sent 06/27/25 regarding wrong event selected and to refrain from using all capital letters in text (ggv). (Entered: 06/26/2025)

Minute Order by Judge Jinsook Ohta: On June 24, 2025, Respondents moved to 1) vacate the evidentiary hearing set for June 30, 2025; 2) extend the briefing schedule for the preliminary injunction hearing set for July 2, 2025; and 3) to vacate the temporary restraining order enjoining Respondents from removing Petitioner from the district or country before the conclusion of his pending proceedings. Dkt. 57 . The Court finds that the government has shown good cause to 1) temporarily vacate the evidentiary hearing set for June 30, 2025 and 2) modify the current preliminary injunction briefing and hearing schedule as set forth below. Thus, the Court VACATES the June 30, 2025 hearing.While the preliminary injunction hearing set for July 2, 2025, will remain on calendar, the Court will limit the briefing and oral argument for that hearing only as to the likelihood of irreparable harm absent an injunction to enjoin the removal of Petitioner. Based on the outcome of this hearing, the Court will decide the appropriate timing for proceeding with the remainder of the preliminary injunction issues raised before the Court. This limited briefing from Respondents is due by 12:00 p.m. on June 29, 2025. Petitioner may respond by 12:00 p.m. on Monday, June 30, 2025.However, the Court denies Respondents' motion to vacate the existing temporary restraining order. "Modification [or vacatur] of an injunction is proper only when there has been a change of circumstances.... that would render continuance of the injunction in its original form inequitable." Favia v. Indiana University of Pennsylvania, 7 F.3d 332, 337 (3d Cir. 1993 (emphasis added). Given Respondents' representations that they will not remove Petitioner until the resolution of his pending proceedings, Dkt. 57 at 4, Respondents have not shown how continuance of the restraining order is inequitable to or harms the government. Cf. Credit Suisse First Boston Corp. v. Grunwald, 400 F.3d 1119, 1124 (9th Cir. 2005) ("a motion to modify a preliminary injunction is meant only to relieve inequities that arise after the original order"). Signed by Judge Jinsook Ohta on 6/26/2025. (Entered: 06/26/2025)

Order on Motion to Vacate

RESPONSE in Opposition re 60 MOTION for Preliminary Injunction re: Court's Order (ECF No. 63) filed by Jason Aguilar, Sidney Aki, Gregory J. Archambeault, Pamela Bondi, Executive Office of Immigration Review (EOIR), Christopher Larose, Todd Lyons, Kristi Noem, U.S. Customs and Immigration Enforcement, U.S. Department of Homeland Security. (Attachments: # 1 Declaration of Jesus M. Redondo)(Glover-Rogers, Mary) (rxc). (Entered: 06/27/2025)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing on Motion Hearing for TRO and Provisional Class Certification held on June 18, 2025, before Judge Jinsook Ohta. Court Reporter/Transcriber: Jessica Torres Borynack. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 7/18/2025. Redacted Transcript Deadline set for 7/28/2025. Release of Transcript Restriction set for 9/25/2025. (jtb)(jrd) (Entered: 06/27/2025)

NOTICE and MOTION for a Court Appointed Interpreter by A.M. (Attachments: # 1 Declaration in Support of a Court Appointed Interpreter)(Howe, Emily) ***QC mailer sent on 6/30/2025 re: wrong event selected.*** (rxc). (Entered: 06/27/2025)

REPLY to Response to Motion re 60 MOTION for Preliminary Injunction filed by A.M.. (Attachments: # 1 Declaration of A.M.S., # 2 Declaration of Petitioner A.M.)(Howe, Emily) (rxc). (Entered: 06/30/2025)

MOTION to File Documents Under Seal (Howe, Emily) (rxc). (Entered: 06/30/2025)

Minute Order by Judge Jinsook Ohta: Petitioner filed a motion requesting the Court appoint a certified Arabic interpreter with the understanding of Mauritanian-Algerian-Hassaniya Arabic for all hearings and court proceedings. Dkt. 66. As the Court intends to proceed with the July 2, 2025 status hearing, the Court orders Petitioner's counsel to file a response by 5:00 p.m., June 30, 2025 confirming whether Petitioner A.M. is proficient in Modern Standard Arabic and is able to proceed with a court certified Modern Standard Arabic Interpreter. Signed by Judge Jinsook Ohta on 6/30/2025. (Entered: 06/30/2025)

SEALED LODGED Proposed Document re: 68 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Howe, Emily) (rxc). (Entered: 06/30/2025)

NOTICE RE: Modern Arabic Interpreter by A.M. re 69 Minute Order (No Time),, (Howe, Emily) (rxc). (Entered: 06/30/2025)

Minute Order (No Time)

Minute Order by Judge Jinsook Ohta: Petitioner filed an ex parte motion requesting the Court appoint a certified Arabic interpreter with the understanding of Mauritanian-Algerian-Hassaniya Arabic for all hearings and court proceedings. Dkt. 66 . Based on Petitioner's counsel's representations that Petitioner A.M. is proficient in Modern Standard Arabic, Dkt. 71, the Court grants in part and denies in part Petitioner's request. The Court has secured a court certified Modern Standard Arabic interpreter for the July 2, 2025 status hearing. Signed by Judge Jinsook Ohta on 7/1/2025. (kxh) (Entered: 07/01/2025)

Order on Motion for Order

Minute Entry for proceedings held before Judge Jinsook Ohta: Motion Hearing held on 7/2/2025 re 60 MOTION for Preliminary Injunction filed by A.M. The Court set specific deadlines including status reports due 8/1/2025. Government's 12(b) motion to dismiss due by 8/1/2025. Response due by 8/15/2025. Reply due by 8/22/2025. Motion Hearing set for 9/11/2025 09:30 AM in Courtroom 4C before Judge Jinsook Ohta. (Court Reporter/ECR Cristine Gerongco). (Plaintiff Attorney Emily Howe). (Defendant Attorney Erin Dimbleby; Lisa M. Hemann; Samuel W. Bettwy). (Staff Interpreter Matias Pizarro). (Arabic Interpreters Gabriel Kartouch and Basma Najjar). (no document attached) (smy) Modified on 7/2/2025 to update entry (smy). (Entered: 07/02/2025)

Amended Writ of Habeas Corpus ad Testificandum Returned Unexecuted. (Attachments: # 1 Writ of Habeas Corpus ad Testificandum Returned Unexecuted.) (smy) (Entered: 07/02/2025)

Motion Hearing AND ~Util - Set Hearings

Minute Order by Judge Jinsook Ohta: On July 2, 2025, the Court held a motion hearing on Petitioners request to convert the limited TRO previously issued by the Court on June 4, 2025, and extended on June 18, 2025, into a preliminary injunction. Dkt. 73. For the reasons stated on the record, the Court declines to convert the limited TRO into a preliminary injunction at this time. However, the Court has not ruled on the merits of class certification, Petitioner's underlying habeas petition, nor the merits of the requests for broader injunctive and declaratory relief. The Court directs the parties to submit status reports by August 1, 2025, regarding: 1) the status of Petitioner's work authorization (EAD); 2) potential issues with the one-year asylum filing deadline; and 3) Petitioner's conditions of release. In addition, the Court directs Petitioner's counsel to file a status report by the same date regarding her efforts to bring in co-counsel. Signed by Judge Jinsook Ohta on July 3, 2025. (Entered: 07/03/2025)

Minute Order (No Time)

NOTICE of Plaintiff's Ex Parte Intent to Request Redaction by A.M. (Howe, Emily) QC Mailer sent re: incorrect event used (dim). (Entered: 07/04/2025)