Case: Garro Pinchi v. Noem

1:25-cv-05632 | U.S. District Court for the Northern District of California

Filed Date: July 3, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is a habeas challenge to the unlawful arrest of an asylum seeker outside the courtroom following a routine immigration hearing. On July 3, 2025, a Peruvian asylum seeker, represented by Centro Legal De La Raza, filed this Petition for Writ of Habeas Corpus in the U.S. District Court for the Northern District of California against the Acting Field Office Director of the San Francisco Immigration and Customs Enforcement (ICE) Office; the Acting Director of ICE; the Secretary of the U.S.…

This case is a habeas challenge to the unlawful arrest of an asylum seeker outside the courtroom following a routine immigration hearing.

On July 3, 2025, a Peruvian asylum seeker, represented by Centro Legal De La Raza, filed this Petition for Writ of Habeas Corpus in the U.S. District Court for the Northern District of California against the Acting Field Office Director of the San Francisco Immigration and Customs Enforcement (ICE) Office; the Acting Director of ICE; the Secretary of the U.S. Department of Homeland Security (DHS); and the U.S. Attorney General. Petitioner challenged her forceful detainment by masked DHS agents following her appearance before an immigration judge the same day of the filing. Along with release from her ongoing detention, Petitioner sought to prohibit the government from re-arresting her without a hearing, from placing her in expedited removal proceedings, and from transferring her outside of the district or deporting her over the course of the case proceedings. She alleges that Respondent’s actions violated her First and Fifth Amendment constitutional right to access the courts and petition for redress of grievances, her Fourth Amendment right against unreasonable seizure, and Fifth Amendment substantive and procedural due process rights. She further alleged that Respondent’s actions were in excess of statutory authority and arbitrary and capricious under the Administrative Procedure Act (APA). Along with a writ of habeas corpus, Petitioner requested declaratory and injunctive relief as well as attorney’s fees. The case was assigned to Magistrate Judge Robert M. Illman.

Petitioner filed an ex parte motion for a temporary restraining order (TRO) on July 4, 2025, asking for an order immediately releasing Petitioner from the Respondent’s custody pending proceedings, a pre-deprivation bond hearing in San Francisco Immigration Court, and to enjoin the Respondent from transferring Petitioner to a detention center outside of the District or deporting her during the proceedings.

Also on July 4, District Judge Rita F. Lin granted Petitioner’s motion for TRO, noting that the Court would “[join] a series of other district courts that have recently granted temporary restraining orders barring the government from detaining noncitizens who have been on longstanding release in their immigration proceedings, without first holding a pre-deprivation hearing before a neutral decisionmaker.” 

On July 7, 2025, this case was reassigned from a Magistrate Judge to a U.S. District Court Judge, and all hearings scheduled with Magistrate Judge Illman were reassigned to Judge P. Casey Pitts.

Respondents complied with the TRO on July 7, providing a joint status report on the release of Petitioner from detention.

On July 9, 2025, Respondents submitted a response to the order to show cause along with their opposition to the motion for TRO. They argued that Petitioner was lawfully detained and that she was unlikely to succeed on the merits of her constitutional claims. Respondents specifically cite 8 U.S.C. § 1226(a), which provides the Attorney General discretion to detain noncitizens pending a removal decision. They further assert that Petitioner did not demonstrate a likelihood of irreparable harm absent a preliminary injunction. In Petitioner’s reply to the response, they assert that Respondents wrongfully framed their argument as a facial challenge to 8 U.S.C. § 1226(a) on the merits of detention, while the question is about the re-arrest and re-detention of the Petitioners Petitioners also moved to have their TRO — which was only set to continue to July 28, 2025 — converted into a preliminary injunction.

Judge P. Casey Pitts granted the Petitioners a preliminary injunction on July 24, 2025. 2025 WL 1853763. The government was ordered not to re-detain one of the Petitioners during the proceedings, and not to detain her at all unless they had a hearing and demonstrated that, by clear and convincing evidence, she is a flight risk or danger to the community.

On October 10th, Petitioners amended their original, individualized habeas petition into a larger challenge to ICE’s unlawful “Re-Detention Policy” and its implementation in San Francisco. The Petitioner was joined by two more asylum seekers residing in San Francisco — all three represented a putative class described as:

“all noncitizens in the jurisdiction of the San Francisco ICE Field Office who (1) entered or will enter the United States without inspection; (2) have been or will be charged with inadmissibility under 8 U.S.C. § 1182 and have been or will be released from DHS custody; and who (3) are in removal proceedings under  8 U.S.C. § 1229a, including any §1229a proceedings that have been dismissed where the dismissal is not administratively final; and (4) are not subject to detention under 8 U.S.C. §1226(c).”

A subclass included members of the class who were or will be released from DHS custody on bond, conditional parole, or on their own recognizance. 

Petitioners filed a motion to stay the implementation of DHS’s Re-Detention Policy on October 16, arguing that this practice of re-detaining previously released noncitizens without individualized determination of a change of circumstances, flight risk, or danger was a drastic change that led to irreparable harm. On the same day, Petitioners moved for class certification. 

On November 14, Defendants filed a motion to dismiss. They argued that the authority to govern detention does not lie with the judiciary, and that there is no violation of the APA because there is no final agency action in question, only the operation of a statute. Defendants also assert that an individualized habeas remedy is not appropriate to remedy a class-wide redesign of the entire detention system.

On December 1, Defendants requested that the Court consolidate the case at hand with Pablo Sequen v. Albarran, No. 5:25-cv-6487. The court declined the request to consolidate the scheduled hearings for both cases (particularly on the Petitioner's hearing for their motion to stay and motion to certify class). However, the court granted Defendants' request to consolidate the hearings on the motions to dismiss for both cases.

This case is ongoing.

Summary Authors

Ayah Elsheikh (12/2/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70703445/parties/garro-pinchi-v-noem/


Attorney for Plaintiff

Allen, Julia Lees (California)

Andreano, Jacquie (California)

Bernwanger, Bree (California)

Bonelli, Claire Celeste (California)

Bremaeker, Nikolas De (California)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-05632

Petition for Writ of Habeas Corpus

Garro Pinchi v. Kaiser

July 3, 2025

July 3, 2025

Pleading / Motion / Brief
6

1:25-cv-05632

Order Granting Ex Parte Temporary Restraining Order; And Order To Show Cause Why Preliminary Injunction Should Not Issue

Frescia Garro Pinchi v. Noem et al.

July 4, 2025

July 4, 2025

Order/Opinion

2025 WL 1853763

33

1:25-cv-05632

Order Granting Preliminary Injunction

Frescia Garro Pinchi v. Noem et al.

July 24, 2025

July 24, 2025

Order/Opinion

792 F.Supp.3d 1025

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70703445/garro-pinchi-v-noem/

Last updated Dec. 25, 2025, 2:48 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ACANDC-20858308.). Filed by Frescia GARRO PINCHI. (Engen, Abigail) (Filed on 7/3/2025) (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

Clearinghouse

~Util - Case Assigned by Intake

July 3, 2025

July 3, 2025

2

Case assigned to Magistrate Judge Robert M. Illman. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/17/2025. (amf, COURT STAFF) (Filed on 7/3/2025) (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

6

ORDER by Judge Rita F. Lin granting 4 motion for temporary restraining order. (rfllc1, COURT STAFF) (Filed on 7/4/2025) (Entered: 07/04/2025)

July 4, 2025

July 4, 2025

Clearinghouse
3

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Frescia GARRO PINCHI.. (Engen, Abigail) (Filed on 7/4/2025) (Entered: 07/04/2025)

July 4, 2025

July 4, 2025

4

Ex Parte MOTION for Temporary Restraining Order filed by Frescia GARRO PINCHI. (Engen, Abigail) (Filed on 7/4/2025) (Entered: 07/04/2025)

July 4, 2025

July 4, 2025

RECAP
5

Renotice motion hearing re 4 Ex Parte MOTION for Temporary Restraining Order filed byFrescia GARRO PINCHI. (Attachments: # 1 Supplement Memorandum of Points and Authorities In Support of TRO, # 2 Declaration Declaration of Brayan Santiago Ropero Cano, # 3 Declaration Declaration of Abby Sullivan Engen, # 4 Declaration Declaration of Matthew Bridges, # 5 Declaration Declaration of Ariel Koren)(Related document(s) 4 ) (Engen, Abigail) (Filed on 7/4/2025) (Entered: 07/04/2025)

1 Supplement Memorandum of Points and Authorities In Support of TRO

View on RECAP

2 Declaration Declaration of Brayan Santiago Ropero Cano

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3 Declaration Declaration of Abby Sullivan Engen

View on RECAP

4 Declaration Declaration of Matthew Bridges

View on RECAP

5 Declaration Declaration of Ariel Koren

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July 4, 2025

July 4, 2025

RECAP
7

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (glm, COURT STAFF) (Filed on 7/7/2025) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

Clerk's Notice of Impending Reassignment - Text Only

July 7, 2025

July 7, 2025

Case Assigned/Reassigned

July 7, 2025

July 7, 2025

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

July 7, 2025

July 7, 2025

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

July 7, 2025

July 7, 2025

8

ORDER REASSIGNING CASE IT IS ORDERED that this case is reassigned using a proportionate, random and blind system pursuant to General Order No. 44 to Judge P. Casey Pitts. Magistrate Judge Robert M. Illman no longer assigned to the case. Counsel are instructed that all future filings shall bear the updated judicial initials immediately after the case number. Counsel are reminded to verify the location of the judge on the court website. All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.gov/cameras. Mark B. Busby Clerk, United States District Court (This is a text-only entry generated by the court. There is no document associated with this entry.) (as, COURT STAFF) (Filed on 7/7/2025) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

9

CLERK'S NOTICE SETTING ORDER TO SHOW CAUSE HEARING. Order to Show Cause Hearing set for 7/14/2025 at 01:00 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT STAFF) (Filed on 7/7/2025) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

10

STATUS REPORT Regarding Petitioner's Release by Kristi Noem, Polly Kaiser, Pamela Bondi, Todd Lyons. (Kurlan, Elizabeth) (Filed on 7/7/2025) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

RECAP
11

NOTICE of Appearance filed by Elizabeth D. Kurlan on behalf of Kristi Noem, Polly Kaiser, Pamela Bondi, Todd Lyons (Kurlan, Elizabeth) (Filed on 7/7/2025) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

12

CERTIFICATE OF SERVICE by Frescia GARRO PINCHI (Engen, Abigail) (Filed on 7/7/2025) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

RECAP
13

Proposed Summons. (Engen, Abigail) (Filed on 7/9/2025) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

RECAP

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

July 9, 2025

July 9, 2025

14

STIPULATION WITH PROPOSED ORDER to Extension of Time for Respondents' Response filed by Kristi Noem, Polly Kaiser, Pamela Bondi, Todd Lyons. (Kurlan, Elizabeth) (Filed on 7/9/2025) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

15

ORDER granting 14 Stipulation to Extension of Time. Signed by Judge P. Casey Pitts on 7/9/2025. (nmc, COURT STAFF) (Filed on 7/9/2025) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

16

NOTICE of Appearance filed by Neil Kumar Sawhney on behalf of Frescia GARRO PINCHI (Sawhney, Neil) (Filed on 7/9/2025) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

17

NOTICE of Appearance filed by Michelle Young Cho on behalf of Frescia GARRO PINCHI (Cho, Michelle) (Filed on 7/9/2025) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

18

NOTICE of Appearance filed by Lauren Marie McBride Davis on behalf of Frescia GARRO PINCHI (Davis, Lauren) (Filed on 7/9/2025) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

19

NOTICE of Appearance filed by Bree Bernwanger on behalf of Frescia GARRO PINCHI (Bernwanger, Bree) (Filed on 7/9/2025) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

20

Response to Order to Show Cause and Opposition to Motion for TRO filed by Kristi Noem, Polly Kaiser, Pamela Bondi, Todd Lyons. (Attachments: # 1 Declaration Lazalde Decl. and Exhibits)(Kurlan, Elizabeth) (Filed on 7/9/2025) Modified on 7/10/2025 (anj, COURT STAFF). (Entered: 07/09/2025)

1 Declaration Lazalde Decl. and Exhibits

View on RECAP

July 9, 2025

July 9, 2025

RECAP
21

TEXT-ONLY ORDER. The Court has received and reviewed the government's response to the order to show cause, which does not address whether Ms. Garro Pinchi is subject to expedited removal proceedings pursuant to 8 U.S.C. § 1225. The parties are ordered to file simultaneous briefs addressing that issue by Monday, July 14 at 9:00 a.m. The parties' briefs shall not exceed five pages in length. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pcplc1, COURT STAFF) (Filed on 7/10/2025) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

Order

July 10, 2025

July 10, 2025

22

Summons Issued as to Pamela Bondi, Polly Kaiser, Todd Lyons, Kristi Noem, (anj, COURT STAFF) (Filed on 7/10/2025) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

23

ADMINISTRATIVE MOTION LEAVE TO FILE THREE-PAGE REPLY TO RESPONDENTS RESPONSE TO ORDER TO SHOW CAUSE AND OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION re 5 Renotice motion hearing, 6 Order on Motion for TRO filed by Frescia GARRO PINCHI. Responses due by 7/14/2025. (Attachments: # 1 Declaration of Neil K. Sawhney in Support of Petitioner's Administrative Motion for Leave to File Three-Page Reply to Respondent's Response to Order to Show Cause and Opposition to Motion for Preliminary Injunction, # 2 Proposed Order Granting Petitioner's Administrative Motion for Leave to File Three-Page Reply to Respondent's Response to Order to Show Cause and Opposition to Motion for Preliminary Injunction)(Sawhney, Neil) (Filed on 7/10/2025) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

24

ORDER granting 23 Administrative Motion for Leave to File Three-Page Reply. Signed by Judge P. Casey Pitts on 7/10/2025. (nmc, COURT STAFF) (Filed on 7/10/2025) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

25

Petitioner's Consolidated Supplemental Brief and Reply to Respondents' Response to Order to Show Cause and Opposition to Motion for Preliminary Injunction re 5 Renotice motion hearing, filed by Frescia GARRO PINCHI. (Related document(s) 5 ) (Bernwanger, Bree) (Filed on 7/14/2025) Modified on 7/15/2025 (anj, COURT STAFF). (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

RECAP

Show Cause Hearing

July 14, 2025

July 14, 2025

26

Respondents' Supplemental Brief filed by Kristi Noem, Polly Kaiser, Pamela Bondi, Todd Lyons. (Kurlan, Elizabeth) (Filed on 7/14/2025) Modified on 7/15/2025 (anj, COURT STAFF). (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

27

EXHIBITS re 26 Supplemental Brief filed byKristi Noem, Polly Kaiser, Pamela Bondi, Todd Lyons. (Related document(s) 26 ) (Kurlan, Elizabeth) (Filed on 7/14/2025) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

RECAP
28

Minute Entry for proceedings held before Judge P. Casey Pitts: Show Cause Hearing held on 7/14/2025. Argument of counsel heard. The Court extends the existing TRO to 7/28/2025 at 5pm. Order to issue.Plaintiff Attorney: Bree Bernwanger, Lauren McBride Davis, Neil Sawhney, Abigail Engen. Defendant Attorney: Elizabeth Kurlan. Total Time in Court: 56 min (1:01-1:57 PM). Court Reporter: Summer Fisher. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT STAFF) (Date Filed: 7/14/2025) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

Electronic Filing Error

July 15, 2025

July 15, 2025

Electronic filing error. CAPTION PAGEREMINDER: No title Page. Exhibits e-filed separately, not as an attachment, requires a title page. Please refer to Civil Local Rules 3-4 re first page requirement. Re: 27 Exhibits filed by Kristi Noem, Todd Lyons, Polly Kaiser, Pamela Bondi (anj, COURT STAFF) (Filed on 7/15/2025)

July 15, 2025

July 15, 2025

29

CERTIFICATE OF SERVICE by Frescia GARRO PINCHI re 22 Summons Issued as to USA (Bernwanger, Bree) (Filed on 7/15/2025) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

30

EXHIBITS re 26 Supplemental Brief filed byKristi Noem, Polly Kaiser, Pamela Bondi, Todd Lyons. (Related document(s) 26 ) (Kurlan, Elizabeth) (Filed on 7/16/2025) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

31

TRANSCRIPT ORDER for proceedings held on 7/14/2025 before Judge P. Casey Pitts by Frescia GARRO PINCHI, for Court Reporter Summer Fisher. (Bernwanger, Bree) (Filed on 7/17/2025) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

32

Transcript of Proceedings held on 07/14/2025, before Judge P. Casey Pitts. Court Reporter/Transcriber Summer Fisher, telephone number summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 31 Transcript Order ) Redaction Request due 8/12/2025. Redacted Transcript Deadline set for 8/22/2025. Release of Transcript Restriction set for 10/20/2025. (Related documents(s) 31 ) (Fisher, Summer) (Filed on 7/22/2025) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

33

ORDER GRANTING PRELIMINARY INJUNCTION. Signed by Judge P. Casey Pitts on 7/24/2025. (lrt, COURT STAFF) (Filed on 7/24/2025) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

Clearinghouse
34

STIPULATION WITH PROPOSED ORDER REGARDING PETITIONER'S DEADLINE TO AMEND PETITION filed by Frescia GARRO PINCHI. (Bernwanger, Bree) (Filed on 8/14/2025) (Entered: 08/14/2025)

Aug. 14, 2025

Aug. 14, 2025

35

ORDER granting 34 Stipulation Regarding Petitioner's Deadline to Amend Petition. Signed by Judge P. Casey Pitts on 8/18/2025. (nmc, COURT STAFF) (Filed on 8/18/2025) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

36

STIPULATION WITH PROPOSED ORDER REGARDING PETITIONER'S DEADLINE TO AMEND PETITION filed by Frescia GARRO PINCHI. (Bernwanger, Bree) (Filed on 8/28/2025) (Entered: 08/28/2025)

Aug. 28, 2025

Aug. 28, 2025

37

ORDER granting 36 Stipulation Regarding Petitioner's Deadline to Amend Petition. Amended Petition due by 10/10/2025. Signed by Judge P. Casey Pitts on 8/28/2025.(nmc, COURT STAFF) (Filed on 8/28/2025) (Entered: 08/28/2025)

Aug. 28, 2025

Aug. 28, 2025

38

AMENDED COMPLAINT and Amended Petition for Writ of Habeas Corpus against Pamela Bondi, Todd Lyons, Kristi Noem, Sergio Albarran, Kristi Noem, Todd Lyons, Pamela Bondi, Sirce Owen. Filed by Frescia GARRO PINCHI, Juany Galo Santos, Jose Teletor Sente. (Attachments: # 1 Exhibit 1 - Redlined Version)(Meyer, Erin) (Filed on 10/10/2025) Modified on 10/14/2025 (jml, COURT STAFF). (Entered: 10/10/2025)

1 Exhibit 1 - Redlined Version

View on RECAP

Oct. 10, 2025

Oct. 10, 2025

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Oct. 10, 2025

Oct. 10, 2025

39

Proposed Summons. (Meyer, Erin) (Filed on 10/10/2025) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

40

NOTICE of Appearance filed by Julia Lees Allen on behalf of Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente (Allen, Julia) (Filed on 10/10/2025) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

41

NOTICE of Appearance filed by Claire Celeste Bonelli on behalf of Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente (Bonelli, Claire) (Filed on 10/10/2025) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

42

NOTICE of Appearance filed by Ellen Watlington on behalf of Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente (Watlington, Ellen) (Filed on 10/10/2025) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

43

NOTICE of Appearance filed by Kayla Crowell on behalf of Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente (Crowell, Kayla) (Filed on 10/10/2025) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

44

NOTICE of Appearance filed by Jacquie Andreano on behalf of Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente (Andreano, Jacquie) (Filed on 10/13/2025) (Entered: 10/13/2025)

Oct. 13, 2025

Oct. 13, 2025

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Oct. 13, 2025

Oct. 13, 2025

Electronic Filing Error

Oct. 14, 2025

Oct. 14, 2025

Electronic filing error. Not all parties listed in the amended complaint have been added to the docket. Please add the missing parties using the event Notice of Additional Parties. The event can be found at: Civil Events > Other Filings > Notices > Notice of Additional Parties. Re: 38 Amended Complaint, filed by Juany Galo Santos, Jose Teletor Sente, Frescia GARRO PINCHI (jml, COURT STAFF) (Filed on 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

45

AMENDED COMPLAINT and Amended Petition for Writ of Habeas Corpus CORRECTION OF DOCKET # 38 against Sergio Albarran, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Filed by Jose Teletor Sente, Juany Galo Santos, Frescia GARRO PINCHI. (Attachments: # 1 Exhibit 1 - Redlined versions)(Meyer, Erin) (Filed on 10/16/2025) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Oct. 16, 2025

Oct. 16, 2025

46

Summons Issued as to Sergio Albarran, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement(jml, COURT STAFF) (Filed on 10/16/2025) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

47

NOTICE of Appearance filed by Bree Bernwanger on behalf of Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente (Bernwanger, Bree) (Filed on 10/16/2025) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

48

MOTION to Stay Effective Date of Agency Action or Preserve Status or Rights filed by Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente. Motion Hearing set for 11/20/2025 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. Responses due by 10/30/2025. Replies due by 11/6/2025. (Attachments: # 1 Declaration of Erin E. Meyer, # 2 Declaration of Frescia Anthuane Garro Pinchi, # 3 Declaration of Juany Galo Santos, # 4 Declaration of Jose Waldemar Teletor Sente, # 5 Declaration of Jordan Weiner, # 6 Declaration of Shira Levine, # 7 Declaration of Lisa Knox, # 8 Declaration of Natalia Santanna, # 9 Declaration of Bill Ong Hing, # 10 Declaration of Jacqueline Marie Brown, # 11 Declaration of Martha Ruch, # 12 Declaration of Salam Maklad, # 13 Declaration of Gabriela Vargas Plasencia, # 14 Declaration of David Rafael Colon Solano, # 15 Declaration of Maidel Arostegui Castellon, # 16 Declaration of Carolina Ortiz Calderon, # 17 Declaration of Gerardo Roman Valencia Zapata, # 18 Declaration of Keymaris Alvarez-Miranda, # 19 Proposed Order)(Meyer, Erin) (Filed on 10/16/2025) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

RECAP
49

MOTION to Certify Class for Provisional Class Certification filed by Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente. Motion to Certify Class Hearing set for 11/20/2025 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. Responses due by 10/30/2025. Replies due by 11/6/2025. (Attachments: # 1 Declaration of Erin E. Meyer, # 2 Declaration of Bree Bernwanger, # 3 Declaration of Jesse Newmark, # 4 Proposed Order)(Meyer, Erin) (Filed on 10/16/2025) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

50

NOTICE of Appearance filed by Lauren Marie McBride Davis on behalf of Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente (Davis, Lauren) (Filed on 10/17/2025) (Entered: 10/17/2025)

Oct. 17, 2025

Oct. 17, 2025

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Oct. 17, 2025

Oct. 17, 2025

51

CERTIFICATE OF SERVICE by Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente re 45 Amended Complaint, 46 Summons Issued as to USA (Meyer, Erin) (Filed on 10/17/2025) (Entered: 10/17/2025)

Oct. 17, 2025

Oct. 17, 2025

52

CERTIFICATE OF SERVICE by Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente re 45 Amended Complaint, 46 Summons Issued as to USA Service on Sergio Albarran (Meyer, Erin) (Filed on 10/17/2025) (Entered: 10/17/2025)

Oct. 17, 2025

Oct. 17, 2025

53

CERTIFICATE OF SERVICE by Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente re 45 Amended Complaint, 46 Summons Issued as to USA Service on U.S. Dept. of Homeland Security (Meyer, Erin) (Filed on 10/17/2025) (Entered: 10/17/2025)

Oct. 17, 2025

Oct. 17, 2025

54

CERTIFICATE OF SERVICE by Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente re 45 Amended Complaint, 46 Summons Issued as to USA Service on U.S. Immigration and Customs Enforcement (Meyer, Erin) (Filed on 10/17/2025) (Entered: 10/17/2025)

Oct. 17, 2025

Oct. 17, 2025

55

NOTICE of Appearance filed by Jesse Mica Newmark on behalf of Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente (Newmark, Jesse) (Filed on 10/20/2025) (Entered: 10/20/2025)

Oct. 20, 2025

Oct. 20, 2025

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Oct. 20, 2025

Oct. 20, 2025

1 - Terminate Hearings AND Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

Oct. 20, 2025

Oct. 20, 2025

56

CLERK'S NOTICE RESETTING MOTION HEARINGS. Motion Hearing as to 48 Motion to Stay Effective Date of Agency Action or Preserve Status or Rights, 49 Motion to Certify Class previously set for 11/20/2025 is CONTINUED to 12/9/2025 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT STAFF) (Filed on 10/20/2025) (Entered: 10/20/2025)

Oct. 20, 2025

Oct. 20, 2025

57

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-21261537.) filed by Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente. (Attachments: # 1 Exhibit Certificate of Good Standing)(De Bremaeker, Nikolas) (Filed on 10/21/2025) (Entered: 10/21/2025)

Oct. 21, 2025

Oct. 21, 2025

58

ORDER granting 57 Motion for Pro Hac Vice as to attorney Nikolas De Bremaeker. Signed by Judge P. Casey Pitts on 10/21/2025. (nmc, COURT STAFF) (Filed on 10/21/2025) (Entered: 10/21/2025)

Oct. 21, 2025

Oct. 21, 2025

59

NOTICE of Appearance filed by Abigail Sullivan Engen on behalf of Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente (Engen, Abigail) (Filed on 10/22/2025) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Oct. 22, 2025

Oct. 22, 2025

60

NOTICE of Appearance filed by Neil Kumar Sawhney on behalf of Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente (Sawhney, Neil) (Filed on 10/23/2025) (Entered: 10/23/2025)

Oct. 23, 2025

Oct. 23, 2025

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Oct. 23, 2025

Oct. 23, 2025

61

NOTICE of Appearance filed by Michelle Young Cho on behalf of Juany Galo Santos, Frescia GARRO PINCHI, Jose Teletor Sente (Cho, Michelle) (Filed on 10/23/2025) (Entered: 10/23/2025)

Oct. 23, 2025

Oct. 23, 2025

62

Stipulation to Briefing Schedule for Respondents' Response to Petitioners' Amended Complaint, Motion for Class Certification, and Motion to Stay; [Proposed] Order filed by Sergio Albarran, Pamela Bondi, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Kurlan, Elizabeth) (Filed on 10/27/2025) Modified on 10/28/2025 (anj, COURT STAFF). (Entered: 10/27/2025)

Oct. 27, 2025

Oct. 27, 2025

63

ORDER granting 62 Stipulation to Briefing Schedule for Respondents' Response to Petitioners' Amended Complaint, Motion for Class Certification, and Motion to Stay. Signed by Judge P. Casey Pitts on 10/29/2025. (nmc, COURT STAFF) (Filed on 10/29/2025) (Entered: 10/29/2025)

Oct. 29, 2025

Oct. 29, 2025

64

NOTICE of Appearance filed by Nancy Safavi on behalf of Sergio Albarran, Pamela Bondi, Pamela Bondi, Polly Kaiser, Todd Lyons, Todd Lyons, Kristi Noem, Kristi Noem, Sirce Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Safavi, Nancy) (Filed on 11/12/2025) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Nov. 12, 2025

Nov. 12, 2025

65

NOTICE of Appearance filed by Jessica Danielle Strokus on behalf of Sergio Albarran, Pamela Bondi, Pamela Bondi, Polly Kaiser, Todd Lyons, Todd Lyons, Kristi Noem, Kristi Noem, Sirce Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Strokus, Jessica) (Filed on 11/13/2025) (Entered: 11/13/2025)

Nov. 13, 2025

Nov. 13, 2025

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Nov. 13, 2025

Nov. 13, 2025

66

MOTION to Dismiss filed by Sergio Albarran, Pamela Bondi, Pamela Bondi, Polly Kaiser, Todd Lyons, Todd Lyons, Kristi Noem, Kristi Noem, Sirce Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Motion to Dismiss Hearing set for 1/15/2026 10:00 AM in San Jose, - To be determined. Responses due by 11/28/2025. Replies due by 12/5/2025. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Proposed Order Proposed Order)(Strokus, Jessica) (Filed on 11/14/2025) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

RECAP
67

OPPOSITION/RESPONSE (re 48 MOTION to Stay Effective Date of Agency Action or Preserve Status or Rights ) filed bySergio Albarran, Pamela Bondi, Pamela Bondi, Polly Kaiser, Todd Lyons, Todd Lyons, Kristi Noem, Kristi Noem, Sirce Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Strokus, Jessica) (Filed on 11/14/2025) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

68

OPPOSITION/RESPONSE (re 49 MOTION to Certify Class for Provisional Class Certification ) filed bySergio Albarran, Pamela Bondi, Pamela Bondi, Polly Kaiser, Todd Lyons, Todd Lyons, Kristi Noem, Kristi Noem, Sirce Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration Michael Silva, # 2 Declaration Michael Silva)(Safavi, Nancy) (Filed on 11/14/2025) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

69

NOTICE of Appearance filed by Oscar Sarabia Roman on behalf of Frescia GARRO PINCHI, Juany Galo Santos, Jose Teletor Sente (Sarabia Roman, Oscar) (Filed on 11/18/2025) (Entered: 11/18/2025)

Nov. 18, 2025

Nov. 18, 2025

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Nov. 18, 2025

Nov. 18, 2025

70

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-21361209.) filed by Frescia GARRO PINCHI, Juany Galo Santos, Jose Teletor Sente. (Attachments: # 1 Exhibit Certificate of Good Standing)(Rabinovitz, Judy) (Filed on 11/18/2025) (Entered: 11/18/2025)

Nov. 18, 2025

Nov. 18, 2025

71

ORDER Granting 70 Motion for Pro Hac Vice as to attorney Judy Rabinovitz. Signed by Judge P. Casey Pitts on 11/20/2025. (nmc, COURT STAFF) (Filed on 11/20/2025) (Entered: 11/20/2025)

Nov. 20, 2025

Nov. 20, 2025

RECAP
72

STIPULATION WITH PROPOSED ORDER to Extend Response Deadlines and Reset Hearing re 66 MOTION to Dismiss filed by Sergio Albarran, Pamela Bondi, Pamela Bondi, Polly Kaiser, Todd Lyons, Todd Lyons, Kristi Noem, Kristi Noem, Sirce Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Safavi, Nancy) (Filed on 11/20/2025) Modified on 11/21/2025 (anj, COURT STAFF). (Entered: 11/20/2025)

Nov. 20, 2025

Nov. 20, 2025

73

ORDER Granting 72 Stipulation to Extend Response Deadlines and Reset Hearing Date. Signed by Judge P. Casey Pitts on 11/24/2025. (nmc, COURT STAFF) (Filed on 11/24/2025) (Entered: 11/24/2025)

Nov. 24, 2025

Nov. 24, 2025

74

REPLY (re 48 MOTION to Stay Effective Date of Agency Action or Preserve Status or Rights ) filed byFrescia GARRO PINCHI, Juany Galo Santos, Jose Teletor Sente. (Meyer, Erin) (Filed on 11/24/2025) (Entered: 11/24/2025)

Nov. 24, 2025

Nov. 24, 2025

75

REPLY (re 49 MOTION to Certify Class for Provisional Class Certification ) filed byFrescia GARRO PINCHI, Juany Galo Santos, Jose Teletor Sente. (Meyer, Erin) (Filed on 11/24/2025) (Entered: 11/24/2025)

Nov. 24, 2025

Nov. 24, 2025

76

MOTION to Sever /Transfer/Consolidate filed by Sergio Albarran, Pamela Bondi, Pamela Bondi, Polly Kaiser, Todd Lyons, Todd Lyons, Kristi Noem, Kristi Noem, Sirce Owen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Motion Hearing set for 1/22/2026 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. Responses due by 12/19/2025. Replies due by 1/8/2026. (Safavi, Nancy) (Filed on 11/28/2025) (Entered: 11/28/2025)

Nov. 28, 2025

Nov. 28, 2025

77

Notice of Opposition/Reply Filed in MDL Master Case by Frescia GARRO PINCHI, Juany Galo Santos, Jose Teletor Sente re 76 MOTION to Sever /Transfer/Consolidate (Meyer, Erin) (Filed on 12/1/2025) (Entered: 12/01/2025)

Dec. 1, 2025

Dec. 1, 2025

Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: July 3, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A Peruvian asylum seeker in California who was detained by masked DHS agents outside the court following an immigration hearing

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Polly Kaiser, Acting Field Office Director (San Francisco), Federal

Todd M. Lyons (- United States (national) -), Federal

Kristi Noem (- United States (national) -), Federal

Pamela Bondi (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Petitions Clause

Unreasonable search and seizure

Other Dockets:

Northern District of California 1:25-cv-05632

Special Case Type(s):

Habeas

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Habeas

Injunction

Stay

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Affected National Origin/Ethnicity(s):

Hispanic

Immigration/Border:

Asylum - procedure

Constitutional rights

Deportation - criteria

Deportation - procedure

Detention - criteria

ICE/DHS/INS raid