Case: Villar Castellanos v. Noem

Castellanos v. Noem

COMPLAINT against All Defendants (Filing fee $ 405 receipt number ATXSDC-33254905) filed by Amir Gholami, Shishir Timilsena, Julio Dylan Sanchez Wong, Hugo Adrian Villar Castellanos. (Attachments: # 1 Civil Cover Sheet) (Dougherty, Marlene) (Entered: 04/15/2025)

1 Civil Cover Sheet

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Request for Issuance of Summons as to Pamela Bondi, Nicholas J. Ganjei, Todd M. Lyons, Kristi Noem, U.S. Dept. of Homeland Security, filed. (Attachments: # 1 Continuation, # 2 Continuation, # 3 Continuation, # 4 Continuation) (Dougherty, Marlene) (Entered: 04/15/2025)

CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (jrl1) (Entered: 04/16/2025)

Summons Issued as to 1.) U.S. Attorney General, 2.) U.S. Attorney, 3.) Department of Homeland Security, 4.) Todd Lyons, 5.) Kristi Noem. Issued summons delivered to plaintiff by NEF, filed. (jrl1) (Entered: 04/16/2025)

First AMENDED COMPLAINT against All Defendants filed by Amir Gholami, Shishir Timilsena, Julio Dylan Sanchez Wong, Hugo Adrian Villar Castellanos, Mayra Alejandra Varela Vargas. (Attachments: # 1 Supplement Titled an exhibit but only a comparison copy) (Dougherty, Marlene) (Entered: 04/16/2025)

Request for Issuance of Summons as to Pamela Bondi, Department of Homeland Security, Nicholas J. Ganjei, Todd Lyons, Kristi Noem, filed. (Attachments: # 1 Continuation Party was joined., # 2 Continuation, # 3 Continuation, # 4 Continuation) (Dougherty, Marlene) (Entered: 04/16/2025)

Referral Judge Selected

Referral Judge Selected: Magistrate Judge Karen Betancourt randomly selected to receive referrals. The District Judge has referred this case to the selected Magistrate Judge for all pretrial matters, pursuant to 28 U.S.C. 636(b). The parties may also consent to having the case assigned to the selected Magistrate Judge. (jrl1)

Summons Issued as to 1.) U.S. Attorney General, 2.) U.S. Attorney General, 3.) Department of Homeland Security, 4.) Todd Lyons, 5.) Kristi Noem. Issued summons delivered to plaintiff by NEF, filed. (jrl1) (Entered: 04/17/2025)

ORDER REFERRING CASE to Magistrate Judge Karen Betancourt (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bav1) (Entered: 04/17/2025)

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/22/2025 at 09:30 AM in Courtroom 2 before Magistrate Judge Karen Betancourt (Signed by Magistrate Judge Karen Betancourt) Parties notified. (dar1) (Entered: 04/21/2025)

Temporary Restraining Order

SEALED EMERGENCY MOTION Temporary Restraining Order and Preliminary Injunction by Amir Gholami, Julio Dylan Sanchez Wong, Shishir Timilsena, Mayra Alejandra Varela Vargas, Hugo Adrian Villar Castellanos, filed. (Attachments: # 1 Exhibit, # 2 Unredacted attachment, # 3 Unredacted attachment, # 4 Unredacted attachment, # 5 Unredacted attachment, # 6 Unredacted attachment, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Proposed Order) (Dougherty, Marlene) (Entered: 04/23/2025)

First MOTION to Seal Exhibits B, C, D, E, & FMotions referred to Karen Betancourt. by Amir Gholami, Julio Dylan Sanchez Wong, Shishir Timilsena, Mayra Alejandra Varela Vargas, Hugo Adrian Villar Castellanos, filed. Motion Docket Date 5/15/2025. (Attachments: # 1 Proposed Order) (Dougherty, Marlene) (Entered: 04/24/2025)

ORDER entered. A hearing to consider Plaintiffs' Motion Temporary Restraining Order and Preliminary Injunction (Docs. 10, 11) is set for April 28, 2025, at 1:30 p.m. Plaintiffs shall provide a copy of the First Amended Complaint (Doc. 5) and this Order by e-mail to the Office of the United States Attorney in Brownsville, Texas. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (jrl1) (Entered: 04/24/2025)

Oral Order

ORAL ORDER denying as moot 12 First MOTION to Seal Exhibits B, C, D, E, & F. (Judge Fernando Rodriguez, Jr) Parties notified. (bce1)

RESPONSE in Opposition to 11 SEALED EMERGENCY MOTION Temporary Restraining Order and Preliminary Injunction, filed by Department of Homeland Security, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit A) (Siddiqui, Myra) (Entered: 04/28/2025)

Unopposed MOTION to Seal Response and ExhibitMotions referred to Karen Betancourt. by Department of Homeland Security, Todd Lyons, Kristi Noem, filed. Motion Docket Date 5/19/2025. (Attachments: # 1 Proposed Order) (Siddiqui, Myra) (Entered: 04/28/2025)

Motion Hearing

Minute Entry for proceedings held before Judge Fernando Rodriguez, Jr. Appearances: Marlene A. Dougherty f/Plaintiffs; Myra Farah Siddiqui, AUSA, f/Defendants; (Court Reporter: Sheila Perales) (Law Clerk: Mishan Kara) [Court time: 1:29-1:41]. MOTION HEARING held on 4/28/2025. Case called; appearances made. Court addressed 11 Emergency MOTION Temporary Restraining Order and Preliminary Injunction; Petitioners Counsel announced Plaintiffs were reinstated; discussion held. Court set a second hearing to address motion for May 2, 2025 at 10:00 a.m. Defendants ordered to file supplemental response by April 30, 2025. Parties excused. (bce1)

ORDER granting 15 Unopposed Motion to Seal Response. The Court directs the District Clerk's Office to seal Defendants' Response and Exhibit (Doc. 14, 141). The Court notes that Plaintiffs' Exhibits B through F are already sealed. (See Sealed Emergency Motion, Doc. 11) (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (mp1) (Entered: 04/29/2025)

Supplemental RESPONSE to 11 SEALED EMERGENCY MOTION Temporary Restraining Order and Preliminary Injunction, filed by Department of Homeland Security, Todd Lyons, Kristi Noem. (Siddiqui, Myra) (Entered: 04/30/2025)

REPLY to Response to 11 SEALED EMERGENCY MOTION Temporary Restraining Order and Preliminary Injunction, filed by Amir Gholami, Julio Dylan Sanchez Wong, Shishir Timilsena, Mayra Alejandra Varela Vargas, Hugo Adrian Villar Castellanos. (Dougherty, Marlene) (Entered: 05/02/2025)

SEALED EXHIBITS Q, R, and S re: 18 Reply to Response to Motion, by Amir Gholami, Julio Dylan Sanchez Wong, Shishir Timilsena, Mayra Alejandra Varela Vargas, Hugo Adrian Villar Castellanos, filed. (Attachments: # 1 Exhibit, # 2 Exhibit) (Dougherty, Marlene) (Entered: 05/02/2025)

Motion Hearing

Minute Entry for proceedings held before Judge Fernando Rodriguez, Jr. Appearances: Marlene A. Dougherty f/Plaintiffs; Myra Farah Siddiqui, AUSA, f/Defendants; (Court Reporter: Sheila Perales) (Law Clerk: Mishan Kara) [Court time: 10:01-10:24]. MOTION HEARING held on 5/2/2025. Case called; appearances made. Court addressed 11 Emergency MOTION Temporary Restraining Order and Preliminary Injunction; discussion held. Court ordered Defendants' deadline to file supplemental response that includes a declaration from a client representative attaching the status records for the plaintiffs by noon May 6, 2025. Motion Hearing continued to Tuesday May 6, 2025 at 1:30 p.m. Plaintiff Counsel instructed to report to the court Plaintiffs' employment status. Parties excused; court adjourned. (bce1)

Supplemental REPLY to Response to 11 SEALED EMERGENCY MOTION Temporary Restraining Order and Preliminary Injunction, filed by Amir Gholami, Julio Dylan Sanchez Wong, Shishir Timilsena, Mayra Alejandra Varela Vargas, Hugo Adrian Villar Castellanos. (Dougherty, Marlene) (Entered: 05/05/2025)

MOTION to Seal Declaration and ExhibitMotions referred to Karen Betancourt. by Department of Homeland Security, Todd Lyons, Kristi Noem, filed. Motion Docket Date 5/27/2025. (Attachments: # 1 Proposed Order) (Siddiqui, Myra) (Entered: 05/06/2025)

SEALED DOCUMENT Declaration and Exhibit by Department of Homeland Security, Todd Lyons, Kristi Noem, filed. (Attachments: # 1 Exhibit) (Siddiqui, Myra) (Entered: 05/06/2025)

Second SUPPLEMENT to 14 Response in Opposition to Motion by Department of Homeland Security, Todd Lyons, Kristi Noem, filed. (Siddiqui, Myra) (Entered: 05/06/2025)

ORDER denying 11 SEALED EMERGENCY MOTION Temporary Restraining Order and Preliminary Injunction.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bav1) (Entered: 05/06/2025)

Motion Hearing

Minute Entry for proceedings held before Judge Fernando Rodriguez, Jr. Appearances: Marlene A. Dougherty f/Plaintiffs; Myra Farah Siddiqui, AUSA, f/Defendants; (Court Reporter: Sheila Perales) (Law Clerk: Mishan Kara) [Court time: 1:30-2:03]. MOTION HEARING held on 5/6/2025. Case called; appearances made. Court addressed 21 MOTION to Seal Declaration and Exhibit; discussion held; motion granted in part and denied in part. Document 22 ordered not be sealed and document 22-1 ordered to remain sealed. Court addressed attorneys regarding employment status of Plaintiffs; discussion held; Court to issue a written order directing SEVP to add notation. Defendant instructed to submit by May 7, 2025, a proposed order that contains the language. Along with the proposed order, there needs to be a cover page indicating if language is agreed upon or opposed. Court found Plaintiffs did not demonstrate imminent and irreparable injury; 11 MOTION Temporary Restraining Order and Preliminary Injunction denied. Parties excused; court adjourned. (bce1)

Opposed PROPOSED ORDER re: Motion Hearing,,,,, filed. (Attachments: # 1 Proposed Order Opposed) (Dougherty, Marlene) (Entered: 05/07/2025)

PROPOSED ORDER, filed. (Attachments: # 1 Proposed Order) (Siddiqui, Myra) (Entered: 05/07/2025)

AO 435 TRANSCRIPT REQUEST by Marlene Dougherty for Transcript of Motion for TRO & PI, 04/28/2025, 05/02/2025, 05/06/2025, Judge Fernando Rodriguez, Jr.. Ordinary (30 days) turnaround requested. Court Reporter/Transcriber: Sheila Perales, filed. (Dougherty, Marlene) (Entered: 05/09/2025)

ORDER entered. Based on the record and the applicable law, it is: ORDERED that by May 21, 2025, the SEVP shall add a notation into the SEVIS record for each Plaintiff, indicating that each Plaintiff's SEVIS record has been restored to "Active," retroactive to the date of the termination. This addition confirms that while the event history within SEVIS continues to include "Terminated" in the April 2025 time period, the retroactive resetting of the status to "Active" means that each Plaintiff had continuous "Active" status throughout April 2025, with no gap or lapses in the Plaintiff's "Active" status.It is also ORDERED that by May 22, 2025, Defendants shall file a Notice confirming compliance with this Order, attaching screen shots of the SEVIS records with the required notation. Defendants shall file the screen shots under seal. Notice of Compliance due by 5/22/2025 (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bav1) (Entered: 05/12/2025)

CORPORATE DISCLOSURE STATEMENT by Amir Gholami, Julio Dylan Sanchez Wong, Shishir Timilsena, Mayra Alejandra Varela Vargas, Hugo Adrian Villar Castellanos, filed. (Dougherty, Marlene) (Entered: 05/16/2025)

SEALED DOCUMENT by Department of Homeland Security, Todd Lyons, Kristi Noem, filed. (Siddiqui, Myra) (Entered: 05/22/2025)

RETURN of Service of SUMMONS Executed as to Pamela Bondi served on 5/8/2025, answer due 7/7/2025; Department of Homeland Security served on 5/8/2025, answer due 7/7/2025; Nicholas J. Ganjei served on 5/8/2025, answer due 7/7/2025; Todd Lyons served on 5/8/2025, answer due 7/7/2025; Kristi Noem served on 5/8/2025, answer due 7/7/2025, filed. (Dougherty, Marlene) (Entered: 05/23/2025)

TRANSCRIPT re: Motion Hearing held on April 28, 2025 before Judge Fernando Rodriguez, Jr. Court Reporter/Transcriber Sheila Perales. Ordering Party Ms. Marlene A. Dougherty Release of Transcript Restriction set for 8/28/2025., filed. (seh1) (Entered: 05/30/2025)

TRANSCRIPT re: Motion Hearing held on May 2, 2025 before Judge Fernando Rodriguez, Jr. Court Reporter/Transcriber Sheila Perales. Ordering Party Ms. Marlene A. Dougherty Release of Transcript Restriction set for 8/28/2025., filed. (seh1) (Entered: 05/30/2025)

TRANSCRIPT re: Motion Hearing held on May 6, 2025 before Judge Fernando Rodriguez, Jr. Court Reporter/Transcriber Sheila Perales. Ordering Party Ms. Marlene A. Dougherty Release of Transcript Restriction set for 8/28/2025., filed. (seh1) (Entered: 05/30/2025)

Notice of Filing of Official Transcript re: 32 Transcript. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 05/30/2025)

Notice of Filing of Official Transcript re: 33 Transcript. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 05/30/2025)

Notice of Filing of Official Transcript re: 34 Transcript. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 05/30/2025)

RESPONSE to 30 Sealed Document, filed by Amir Gholami, Julio Dylan Sanchez Wong, Shishir Timilsena, Mayra Alejandra Varela Vargas, Hugo Adrian Villar Castellanos. (Dougherty, Marlene) (Entered: 06/02/2025)

SEALED EXHIBITS re: 38 Response by Amir Gholami, Julio Dylan Sanchez Wong, Shishir Timilsena, Mayra Alejandra Varela Vargas, Hugo Adrian Villar Castellanos, filed. (Attachments: # 1 Exhibit) (Dougherty, Marlene) (Entered: 06/02/2025)

MOTION to Compel Filing of the Administrative RecordMotions referred to Karen Betancourt. by Amir Gholami, Julio Dylan Sanchez Wong, Shishir Timilsena, Mayra Alejandra Varela Vargas, Hugo Adrian Villar Castellanos, filed. Motion Docket Date 6/25/2025. (Attachments: # 1 Proposed Order) (Dougherty, Marlene) (Entered: 06/04/2025)

1 Proposed Order

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MOTION to Dismiss 5 Amended Complaint/Counterclaim/Crossclaim etc., Motions referred to Karen Betancourt. by Department of Homeland Security, Todd Lyons, Kristi Noem, filed. Motion Docket Date 7/7/2025. (Attachments: # 1 Exhibit) (Siddiqui, Myra) (Entered: 06/16/2025)

RESPONSE in Opposition to 40 MOTION to Compel Filing of the Administrative Record, filed by Department of Homeland Security, Todd Lyons, Kristi Noem. (Siddiqui, Myra) (Entered: 06/25/2025)

RESPONSE in Opposition to 41 MOTION to Dismiss 5 Amended Complaint/Counterclaim/Crossclaim etc.,, filed by Amir Gholami, Julio Dylan Sanchez Wong, Shishir Timilsena, Mayra Alejandra Varela Vargas, Hugo Adrian Villar Castellanos. (Dougherty, Marlene) (Entered: 07/07/2025)

REPLY in Support of 41 MOTION to Dismiss 5 Amended Complaint/Counterclaim/Crossclaim etc.,, filed by Department of Homeland Security, Todd Lyons, Kristi Noem. (Siddiqui, Myra) (Entered: 07/14/2025)

Pretrial Conference

Order on Motion for Miscellaneous Relief AND Order on Motion to Compel