Case: Hernandez v. Noem

1:25-cv-02344 | U.S. District Court for the District of District of Columbia

Filed Date: July 21, 2025

Case Ongoing

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Case Summary

The plaintiffs in this case are three Cuban nationals who were apprehended while entering the United States and processed by U.S. Immigration and Customs Enforcement (ICE). Under Section 287 of the Immigration and Nationality Act (INA), the plaintiffs were subject to mandatory detention until the conclusion of their removal proceedings. The plaintiffs allege that ICE unlawfully deviated from this mandatory detention scheme and released them under an improper classification that denied them parolee status. This misclassification excluded the plaintiffs from eligibility for immigration benefits, including adjustment of status under the Cuban Adjustment Act (CAA). The plaintiffs further allege that U.S. Citizenship and Immigration Services (USCIS) refused to adjudicate their adjustment of status applications due to ICE’s misrepresentation of their legal custody status.

The plaintiffs, on behalf of themselves and all others similarly situated, filed this lawsuit in the U.S. District Court for the District of Columbia against the U.S. Department of Homeland Security (DHS) and its Secretary; U.S. Immigration and Customs Enforcement (ICE); the President of the United States; and Enforcement and Removal Operations (ERO). The complaint raised the following claims:

The plaintiffs were detained upon entry without warrants under INA § 287 but were released using an I-220A form, despite not having been lawfully admitted or paroled. This “procedural manipulation” violated the statutory framework of the INA and deprived the plaintiffs of the opportunity to seek relief available to parolees. The plaintiffs allege these actions are part of an internal ICE practice that is inconsistent with the statute and constitutes arbitrary, capricious, and unlawful agency conduct under the Administrative Procedure Act (APA).
The plaintiffs were denied Due Process under the Fifth Amendment.
ICE exceeded its statutory authority by deviating from the statutory scheme of the INA (ultra vires).

The plaintiffs sought a declaration that their classification via I-220A documentation is unlawful, an injunction preventing ICE from systematically misrepresenting their immigration status, and a permanent injunction barring the defendants from re-detaining them based on their current immigration status. They also request that their right to seek lawful permanent residency under the CAA be preserved.

On July 21, the plaintiffs moved for preliminary relief, asking the court to "prevent defendants from continuing unlawful enforcement actions... based on misclassified or manipulated immigration records." The court delayed ruling on the motion and ordered the defendants to combine their pending motion to dismiss with their opposition to the plaintiffs’ request for emergency relief.

This case is ongoing.

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Summary Authors

Jinan Abufarha (8/6/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70870317/parties/hernandez-v-noem/

Judge(s)

Attorney for Plaintiff

HERNANDEZ, DANIS ELY (District of Columbia)

HERNANDEZ, TONY HOYOS (District of Columbia)

LEYVA, GREICEL AVILA (District of Columbia)

Attorney for Defendant

Hudak, Brian P. (District of Columbia)

Valdivia, Diana Viggiano (District of Columbia)

Judge(s)

Walton, Reggie B. (District of Columbia)

Attorney for Plaintiff

HERNANDEZ, DANIS ELY (District of Columbia)

HERNANDEZ, TONY HOYOS (District of Columbia)

LEYVA, GREICEL AVILA (District of Columbia)

Attorney for Defendant

Hudak, Brian P. (District of Columbia)

Valdivia, Diana Viggiano (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2 1:25-cv-02344	Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction	July 21, 2025	July 21, 2025 Pleading / Motion / Brief
1 1:25-cv-02344	Complaint	July 21, 2025	July 21, 2025 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/70870317/hernandez-v-noem/

Last updated Aug. 21, 2025, noon

ECF Number	Description	Date	Link Date / Link
1	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 View on PACER	July 21, 2025	July 21, 2025 RECAP
2	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)	July 21, 2025	July 21, 2025 RECAP
	Summons Not Issued	July 21, 2025	July 21, 2025 PACER
	SUMMONS Not Issued as to All Defendants (zdp)	July 21, 2025	July 21, 2025 PACER
	Summons (5) Issued as to All Defendants. (zdp)	July 21, 2025	July 21, 2025 PACER
	.Order AND ~Util - Set/Reset Deadlines/Hearings	July 22, 2025	July 22, 2025 PACER
	Summons Issued	July 22, 2025	July 22, 2025 PACER
	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)	July 22, 2025	July 22, 2025 PACER
3	NOTICE of Appearance by Brian P. Hudak on behalf of All Defendants (Hudak, Brian) (Entered: 07/25/2025)	July 25, 2025	July 25, 2025 PACER
4	NOTICE of Appearance by Diana Viggiano Valdivia on behalf of All Defendants (Valdivia, Diana) (Entered: 07/25/2025)	July 25, 2025	July 25, 2025 PACER
5	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)	July 28, 2025	July 28, 2025 PACER
6	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)	July 28, 2025	July 28, 2025 RECAP
7	RESPONSE TO ORDER OF THE COURT re Order, Set Deadlines/Hearings, filed by TONY HOYOS HERNANDEZ. (zdp) (Entered: 07/29/2025)	July 28, 2025	July 28, 2025 RECAP
	Scheduling Conference AND ~Util - Set/Reset Deadlines	July 28, 2025	July 28, 2025 PACER
	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)	July 28, 2025	July 28, 2025 PACER
8	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)	Aug. 1, 2025	Aug. 1, 2025 PACER