Case: Hernandez v. Noem

COMPLAINT against All Defendants ( Filing fee $ 405, receipt number 210012) filed by GREICEL AVILA LEYVA, DANIS ELY ROMERO HERNANDEZ, TONY HOYOS HERNANDEZ. (Attachments: # 1 Civil Cover Sheet)(zdp) (Entered: 07/21/2025)

1 Civil Cover Sheet

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MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by TONY HOYOS HERNANDEZ, GREICEL AVILA LEYVA, DANIS ELY ROMERO HERNANDEZ. (zdp) (Entered: 07/21/2025)

Summons Not Issued

SUMMONS Not Issued as to All Defendants (zdp)

Summons (5) Issued as to All Defendants. (zdp)

.Order AND ~Util - Set/Reset Deadlines/Hearings

Summons Issued

MINUTE ORDER. To ensure the expeditious resolution of the 2 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction, it is hereby ORDERED that, on or before July 25, 2025, at 5:00 p.m., counsel for the defendants shall enter a notice of appearance in this case. It is further ORDERED that, on July 28, 2025, at 10:00 a.m., the parties shall appear before the Court for a scheduling conference, via teleconference, by calling 646-828-7666, entering Meeting ID 161 591 8885 followed by the pound key (#), and then entering the Passcode 984979 followed by the pound key (#). The parties shall be prepared to discuss a briefing schedule and the scheduling of a motion hearing on the plaintiffs' motion for a temporary restraining order and preliminary injunction. It is further ORDERED that the plaintiffs shall forthwith notify the defendants of the contents of this Minute Order. It is further ORDERED that the Clerk of the Court shall forthwith e-mail a copy of this Minute Order to the plaintiffs' e-mail addresses on record. Signed by Judge Reggie B. Walton on July 22, 2025. (lcrbw2)

NOTICE of Appearance by Brian P. Hudak on behalf of All Defendants (Hudak, Brian) (Entered: 07/25/2025)

NOTICE of Appearance by Diana Viggiano Valdivia on behalf of All Defendants (Valdivia, Diana) (Entered: 07/25/2025)

GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on July 28, 2025. (lcrbw1) (Entered: 07/28/2025)

ORDER. In accordance with the attached Order, it is hereby ORDERED that the 2 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction is HELD IN ABEYANCE. It is further ORDERED that, on or before August 29, 2025, the defendants shall file their combined motion to dismiss and opposition to the plaintiffs' motion for emergency relief. It is further ORDERED that, on or before September 26, 2025, the plaintiffs shall file a combined reply in support of their motion for emergency relief and opposition to the defendants' motion to dismiss. It is further ORDERED that, on or before October 10, 2025, the defendants shall file a reply in support of their motion to dismiss. It is further ORDERED that, on January 23, 2026, at 9:30 a.m., the parties shall appear for a status conference. The parties shall appear before the Court for the status conference, via teleconference, by calling 646-828-7666, entering Meeting ID 161 591 8885 followed by the pound key (#), and then entering the Passcode 984979 followed by the pound key (#). It is further ORDERED that based on counsel for the defendants' representation that there are no current plans to take any action to change the plaintiffs' current statuses, that if the defendants intend to detain the plaintiffs or otherwise change their removal statuses before the next scheduled status conference, the defendants shall forthwith notify the Court in writing of the change of their position. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiffs' addresses of record. Signed by Judge Reggie B. Walton on July 28, 2025. (lcrbw1) (Entered: 07/28/2025)

RESPONSE TO ORDER OF THE COURT re Order, Set Deadlines/Hearings, filed by TONY HOYOS HERNANDEZ. (zdp) (Entered: 07/29/2025)

Scheduling Conference AND ~Util - Set/Reset Deadlines

Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Scheduling Conference held on 7/28/2025. Defendants' Motion to Dismiss and Response to 2 Plaintiffs' Motion for Temporary Restraining Order are due by 8/29/2025. Plaintiffs' Reply in support of their 2 Plaintiffs' Motion for Temporary Restraining Order is due by 9/12/2025. Plaintiffs' Response to Defendants' Motion to Dismiss is due by 9/26/2025. Defendants' Reply in support of their Motion to Dismiss is due by 10/10/2025. Order forthcoming via Chambers. (Court Reporter: Jeffrey Hook) (zalh) Modified on 7/30/2025. (zalh)

TRANSCRIPT OF TELEPHONIC SCHEDULING CONFERENCE before Judge Reggie B. Walton held on July 28, 2025. Page Numbers: 1 - 24. Date of Issuance: August 1, 2025. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/22/2025. Redacted Transcript Deadline set for 9/1/2025. Release of Transcript Restriction set for 10/30/2025.(Hook, Jeff) (Entered: 08/01/2025)

MOTION to Dismiss by ENFORCEMENT AND REMOVAL OPERATIONS (ERO), KRISTI NOEM, DONALD J. TRUMP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Declaration Romero Hernandez, # 2 Exhibit Romero Hernandez, # 3 Declaration Avila Leyva, # 4 Exhibit Avila Leyva, # 5 Declaration Hoyos Hernandez, # 6 Exhibit Hoyos Hernandez, # 7 Text of Proposed Order)(Jones, Sian) (Entered: 08/29/2025)

Memorandum in opposition to re 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by ENFORCEMENT AND REMOVAL OPERATIONS (ERO), KRISTI NOEM, DONALD J. TRUMP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Declaration Romero Hernandez, # 2 Exhibit Romero Hernandez, # 3 Declaration Avila Leyva, # 4 Exhibit Avila Leyva, # 5 Declaration Hoyos Hernandez, # 6 Exhibit Hoyos Hernandez, # 7 Text of Proposed Order)(Jones, Sian) (Entered: 08/29/2025)

NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 08/29/2025)

Memorandum in opposition to re 10 MOTION to Dismiss filed by TONY HOYOS HERNANDEZ, GREICEL AVILA LEYVA, DANIS ELY ROMERO HERNANDEZ. (znmw) (Entered: 09/26/2025)

NOTICE re: Lapse In Appropriations by ENFORCEMENT AND REMOVAL OPERATIONS (ERO), KRISTI NOEM, DONALD J. TRUMP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Exhibit)(Jones, Sian) (Entered: 10/01/2025)

1 Exhibit

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MINUTE ORDER. In light of the defendants' 13 Notice Regarding Lapse of Appropriations, it is hereby ORDERED that the defendants' deadline to file their reply in support of their motion to dismiss is STAYED pending further Order of the Court. However, the Court admonishes the defendants that their obligation, pursuant to the Court's prior Order, to forthwith notify the Court in writing should they intend to detain the plaintiffs or otherwise change their removal statuses, remains in effect during the lapse of appropriations. It is further ORDERED that defense counsel shall notify the Court when appropriations are restored to the Department of Justice and request that the Court reinstate its deadline for filing the defendants' reply. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiffs' addresses of record. Signed by Judge Reggie B. Walton on October 6, 2025. (lcrbw2)

.Order