Case: Hernandez v. Noem

Hernandez et al. v. Noem et al.

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)

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

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)

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)

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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

MINUTE ORDER. In light of the Court's Standing Order 25-59 (JEB), it is hereby ORDERED that the stay of the defendants' deadline to file their reply in support of their motion to dismiss is VACATED. It is further ORDERED that, on or before December 2, 2025, the defendants shall file their reply in support of their motion to dismiss. Signed by Judge Reggie B. Walton on November 17, 2025. (lcrbw2)

.Order AND ~Util - Set/Reset Deadlines

MOTION for Extension of Time to File Response/Reply as to 10 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 Exhibit A, # 2 Text of Proposed Order)(Jones, Sian) (Entered: 11/25/2025)

CERTIFICATE OF SERVICE by ENFORCEMENT AND REMOVAL OPERATIONS (ERO), KRISTI NOEM, DONALD J. TRUMP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT re 14 MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss . (Jones, Sian) (Entered: 11/25/2025)

MINUTE ORDER. Upon consideration of the defendants' 14 Motion for Extension of Time to File, and the representations made therein, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before December 12, 2025, the defendants shall file their reply in support of their motion to dismiss, if the plaintiffs have not yet filed their forthcoming Amended Complaint by that date. It is further ORDERED that, should the plaintiffs wish to amend their Complaint, they shall file a motion for leave to amend their Complaint, attaching a red-lined version of the Amended Complaint as an exhibit to that motion, on or before December 5, 2025. Signed by Judge Reggie B. Walton on November 26, 2025. (lcrbw2)

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

NOTICE OF WITHDRAWAL OF APPEARANCE as to ENFORCEMENT AND REMOVAL OPERATIONS (ERO), KRISTI NOEM, DONALD J. TRUMP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. Attorney Brian P. Hudak terminated. (Hudak, Brian) (Entered: 11/29/2025)

AMENDED COMPLAINT against All Defendants filed by GREICEL AVILA LEYVA, DANIS ELY ROMERO HERNANDEZ, TONY HOYOS HERNANDEZ.(znmw) (Entered: 12/09/2025)

MOTION for Temporary Restraining Order by TONY HOYOS HERNANDEZ, GREICEL AVILA LEYVA, DANIS ELY ROMERO HERNANDEZ. (znmw) (Entered: 12/09/2025)

ORDER. In accordance with the attached Order, it is hereby ORDERED that the 2 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction is DENIED as moot. It is further ORDERED that the defendants' motion to dismiss the plaintiff's original Complaint, see 10 Defendants' Combined Motion to Dismiss and Memorandum in Support Thereof and Opposition to Plaintiff's Motion for Preliminary Injunction is DENIED as moot. It is further ORDERED that the status conference currently scheduled for January 23, 2026, which served as a target date for resolving the now moot motions in this case, is VACATED. It is further ORDERED that, on or before December 15, 2025, the parties shall file a joint proposed briefing schedule governing the filing of the defendants' opposition to the plaintiffs' amended motion for a temporary restraining order and any dispositive motion the defendant seeks to file in response to the plaintiffs' Amended Complaint. 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 December 10, 2025. (lcrbw2) (Entered: 12/10/2025)

Joint MOTION for Briefing Schedule by ENFORCEMENT AND REMOVAL OPERATIONS (ERO), KRISTI L. NOEM, DONALD J. TRUMP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 12/15/2025)

MINUTE ORDER. Upon consideration of the parties' 20 Joint Motion for Scheduling Order, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before January 29, 2026, the defendants shall file their combined opposition to the plaintiffs' motion for a preliminary injunction and any motion to dismiss the plaintiffs' Amended Complaint. It is further ORDERED that, on or before February 27, 2026, the plaintiffs shall file their combined reply in support of their motion for a preliminary injunction and opposition to the defendants' motion to dismiss. It is further ORDERED that, on or before March 23, 2026, the defendants shall file their reply in support of their motion to dismiss. It is further ORDERED that, on June 29, 2026, at 9:00 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' prior representations 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 prior to taking any such action. 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 December 18, 2025. (lcrbw2)

Order on Motion for Briefing Schedule AND Set/Reset Deadlines/Hearings

MOTION to Dismiss by KRISTI L. NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 01/29/2026)

1 Text of Proposed Order

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Memorandum in opposition to re 18 MOTION for Temporary Restraining Order filed by KRISTI L. NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 01/29/2026)

NOTICE by KRISTI L. NOEM, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT re 21 Motion to Dismiss, 22 Memorandum in Opposition, (Attachments: # 1 Declaration Romero Hernandez, # 2 Exhibit, # 3 Declaration Avila Leyva, # 4 Exhibit, # 5 Declaration Hoyos Hernandez, # 6 Exhibit)(Jones, Sian) (Entered: 01/29/2026)

1 Declaration Romero Hernandez

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2 Exhibit

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3 Declaration Avila Leyva

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4 Exhibit

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5 Declaration Hoyos Hernandez

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6 Exhibit

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NOTICE OF WITHDRAWAL OF APPEARANCE as to ENFORCEMENT AND REMOVAL OPERATIONS (ERO), KRISTI L. NOEM, DONALD J. TRUMP, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. Attorney Diana Viggiano Valdivia terminated. (Valdivia, Diana) (Entered: 02/09/2026)

Memorandum in opposition to re 21 MOTION to Dismiss filed by TONY HOYOS HERNANDEZ, GREICEL AVILA LEYVA, DANIS ELY ROMERO HERNANDEZ. (znmw) Modified filers on 2/27/2026 (znmw). (Entered: 02/27/2026)

REPLY to opposition to motion re 18 Motion for TRO filed by TONY HOYOS HERNANDEZ, GREICEL AVILA LEYVA, DANIS ELY ROMERO HERNANDEZ. (See Docket Entry 25 to view document). (znmw) (Entered: 02/27/2026)

Reply to opposition to motion

Extension of Time to File Response/Reply

Certificate of Service

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines/Hearings

Reply to opposition to motion