Case: African Communities Together v. Lyons

COMPLAINT against Pamela Bondi, Todd M. Lyons, Kristi Noem, Sirce E. Owen. (Filing Fee $ 405.00, Receipt Number ANYSDC-31471917)Document filed by African Communities Together, The Door..(Wanger, Emily) (Entered: 08/01/2025)

CIVIL COVER SHEET filed..(Wanger, Emily) (Entered: 08/01/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Todd M. Lyons, Kristi Noem, Sirce E. Owen, and Pamela Bondi, in their official capacities, re: 1 Complaint. Document filed by African Communities Together, The Door..(Wanger, Emily) (Entered: 08/01/2025)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by African Communities Together..(Wanger, Emily) (Entered: 08/01/2025)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Door..(Wanger, Emily) (Entered: 08/01/2025)

NOTICE OF APPEARANCE by Katherine R. Rosenfeld on behalf of African Communities Together, The Door..(Rosenfeld, Katherine) (Entered: 08/04/2025)

NOTICE OF APPEARANCE by Samuel Shapiro on behalf of African Communities Together, The Door..(Shapiro, Samuel) (Entered: 08/04/2025)

NOTICE OF APPEARANCE by Wafa Junaid on behalf of African Communities Together, The Door..(Junaid, Wafa) (Entered: 08/04/2025)

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Paige Austin on behalf of African Communities Together, The Door.(Austin, Paige) (Entered: 08/04/2025)

NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of African Communities Together, The Door..(Hodgson, Robert) (Entered: 08/04/2025)

NOTICE OF APPEARANCE by Elizabeth Hui Gyori on behalf of African Communities Together, The Door..(Gyori, Elizabeth) (Entered: 08/04/2025)

ELECTRONIC SUMMONS ISSUED as to Pamela Bondi, Todd M. Lyons, Kristi Noem, Sirce E. Owen..(pc) (Entered: 08/04/2025)

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)

Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)

Case Designated ECF. (pc)

NOTICE OF APPEARANCE by Harold A. Solis on behalf of African Communities Together, The Door..(Solis, Harold) (Entered: 08/05/2025)

NOTICE OF APPEARANCE by Thomas Willoughby Munson on behalf of African Communities Together, The Door..(Munson, Thomas) (Entered: 08/05/2025)

NOTICE OF APPEARANCE by Noor Zafar on behalf of African Communities Together, The Door..(Zafar, Noor) (Entered: 08/05/2025)

NOTICE OF APPEARANCE by Michael Thomas Tan on behalf of African Communities Together, The Door..(Tan, Michael) (Entered: 08/05/2025)

NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Pamela Bondi, Todd M. Lyons, Kristi Noem, Sirce E. Owen..(Oestericher, Jeffrey) (Entered: 08/06/2025)

NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of Pamela Bondi, Todd M. Lyons, Kristi Noem, Sirce E. Owen..(Onozawa, Tomoko) (Entered: 08/07/2025)

LETTER addressed to Judge P. Kevin Castel from Elizabeth Gyori dated August 7, 2025 re: Pre-Motion Letter and Joint Proposed Briefing Schedule. Document filed by African Communities Together, The Door..(Gyori, Elizabeth) (Entered: 08/07/2025)

ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. 1. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, October 10, 2025 at 10:30 a.m. Principal trial counsel shall appear at this and all subsequent conferences. 2. The parties shall submit a joint letter five business days prior to the Conference addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) any contemplated motions; and (3) the prospect for settlement. The parties shall set forth the date and time of the Conference in the opening paragraph of the joint letter. 3. The parties are directed to confer on a Case Management Plan (the "Plan") in accordance with Rule 26(f) of the Federal Rules of Civil Procedure. The outline of a Plan may be found on the Court's website: https://nysd.uscourts.gov/hon-p-kevin-castel. The jointly proposed Plan shall be submitted in writing to the Deputy Clerk immediately prior to the Conference. 4. The parties shall consult the undersigned's Individual Practices available on the Court's website. Requests for adjournment of the Conference will be considered only if made in writing and in accordance with the undersigned's Individual Practices. 5. Prior to the Conference, counsel for all parties shall file a Notice of Appearance in accordance with the Rules and Instructions for Electronic Case Filing. 6. For initial pretrial conferences, plaintiff(s)' counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov. The call-in information for all teleconferences is: Dial-in: 1-855-244-8681 Access Code: 2305 810 3970 # Attention is called to Local Rule 1.8 that prohibits the recording or transmission of any proceeding. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/8/2025) Initial Conference set for 10/10/2025 at 10:30 AM before Judge P. Kevin Castel. (ar) (Entered: 08/08/2025)

MEMO ENDORSEMENT on re: 19 Letter filed by The Door, African Communities Together. ENDORSEMENT: Application GRANTED. The proposed briefing schedule is adopted. Plaintiffs may file their motion by August 11, defendants may file their opposition by August 20, and plaintiffs may reply by August 25. ( Motions due by 8/11/2025., Responses due by 8/20/2025, Replies due by 8/25/2025.) (Signed by Judge P. Kevin Castel on 8/8/2025) (rro) (Entered: 08/08/2025)

MOTION to Stay under 5 U.S.C. § 705. Document filed by African Communities Together, The Door. (Attachments: # 1 Exhibit Proposed Order).(Wanger, Emily) (Entered: 08/11/2025)

1 Exhibit Proposed Order

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MEMORANDUM OF LAW in Support re: 22 MOTION to Stay under 5 U.S.C. § 705. . Document filed by African Communities Together, The Door. (Attachments: # 1 Exhibit Declaration of Beth Baltimore, # 2 Exhibit Declaration of Sarah M. Burr, # 3 Exhibit Declaration of Andres Santamaria Cortes, # 4 Exhibit Declaration of Jennifer A. Durkin, # 5 Exhibit Declaration of Rosanna Eugenio, # 6 Exhibit Declaration of Deborah Fleischaker, # 7 Exhibit Declaration of Audrey Gilliam, # 8 Exhibit Declaration of Diana Konate, # 9 Exhibit Declaration of Brad Lander, # 10 Exhibit Declaration of Rachel Levenson, # 11 Exhibit Declaration of Gillian Rowland-Kain, # 12 Exhibit Declaration of Siomara M. Umana).(Wanger, Emily) (Entered: 08/11/2025)

1 Exhibit Declaration of Beth Baltimore

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2 Exhibit Declaration of Sarah M. Burr

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3 Exhibit Declaration of Andres Santamaria Cortes

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4 Exhibit Declaration of Jennifer A. Durkin

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5 Exhibit Declaration of Rosanna Eugenio

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6 Exhibit Declaration of Deborah Fleischaker

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7 Exhibit Declaration of Audrey Gilliam

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8 Exhibit Declaration of Diana Konate

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9 Exhibit Declaration of Brad Lander

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10 Exhibit Declaration of Rachel Levenson

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11 Exhibit Declaration of Gillian Rowland-Kain

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12 Exhibit Declaration of Siomara M. Umana

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DECLARATION of Amy Belsher in Support re: 22 MOTION to Stay under 5 U.S.C. § 705.. Document filed by African Communities Together, The Door. (Attachments: # 1 Exhibit 1 - April 27, 2021 ICE Memo, # 2 Exhibit 2 - Practice Alert: EOIR Guidance to IJs, # 3 Exhibit 3 - January 21, 2025 ICE Memo, # 4 Exhibit 4 - May 27, 2025 ICE Courthouse Arrest Memo, # 5 Exhibit 5 - EOIR Court Practice Manual Ch. 3, # 6 Exhibit 6 - NYTimes Article, # 7 Exhibit 7 - Washington Post Article, # 8 Exhibit 8 - N.P.R. Article, # 9 Exhibit 9 - Fox News Article, # 10 Exhibit 10 - Axios Article, # 11 Exhibit 11 - The City Article, # 12 Exhibit 12 - May 30, 2025 EOIR Dismissal Memo, # 13 Exhibit 13 - Policy Brief, # 14 Exhibit 14 - CBS Article, # 15 Exhibit 15 - X Post, # 16 Exhibit 16 - NY Times Article).(Wanger, Emily) (Entered: 08/11/2025)

MOTION for Megan Porter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by African Communities Together, The Door. (Attachments: # 1 Exhibit Affidavit in Support of Motion for Pro Hac Vice Admission, # 2 Exhibit Certificate of Good Standing (Illinois), # 3 Exhibit Certificate of Good Standing (Ohio), # 4 Exhibit Proposed Order).(Porter, Megan) (Entered: 08/12/2025)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 MOTION for Megan Porter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

MOTION for Oscar Sarabia Roman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31534960. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by African Communities Together, The Door. (Attachments: # 1 Affidavit Affidavit in Support of Motion for Pro Hac Vice Admission, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order Proposed Order).(Sarabia Roman, Oscar) (Entered: 08/13/2025)

AFFIDAVIT OF SERVICE. Service was made by Certified Mail. Document filed by African Communities Together, The Door..(Wanger, Emily) (Entered: 08/14/2025)

CERTIFICATE OF SERVICE. Pamela Bondi served on 8/5/2025, answer due 10/6/2025; Todd M. Lyons served on 8/5/2025, answer due 10/6/2025; Kristi Noem served on 8/5/2025, answer due 10/6/2025; Sirce E. Owen served on 8/5/2025, answer due 10/6/2025. Service was accepted by United States Attorney, SDNY. Document filed by African Communities Together; The Door..(Wanger, Emily) (Entered: 08/14/2025)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 26 MOTION for Oscar Sarabia Roman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31534960. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

ORDER granting 25 Motion for Megan Porter to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 08/18/2025)

ORDER granting 26 Motion for Oscar Sarabia Roman to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 08/18/2025)

Amicus Curiae APPEARANCE entered by Jamison Michael Isaac Davies on behalf of CITY OF NEW YORK..(Davies, Jamison) (Entered: 08/18/2025)

FIRST MOTION to File Amicus Brief . Document filed by CITY OF NEW YORK. (Attachments: # 1 Exhibit Proposed Amicus Brief).(Davies, Jamison) (Entered: 08/18/2025)

Order on Motion to Appear Pro Hac Vice

CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge P. Kevin Castel from AUSA Jeffrey Oestericher dated 08/20/2025. Document filed by Pamela Bondi, Todd M. Lyons, Kristi Noem, Sirce E. Owen..(Oestericher, Jeffrey) (Entered: 08/20/2025)

CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge P. Kevin Castel from Emily Wanger dated 08/20/2025. Document filed by African Communities Together, The Door..(Wanger, Emily) (Entered: 08/20/2025)

MOTION for Hannah Schoen Steinberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31591121. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by African Communities Together, The Door. (Attachments: # 1 Affidavit in Support of Motion for Pro Hac Vice Admission, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order Proposed Order).(Steinberg, Hannah) (Entered: 08/20/2025)

ORDER granting 33 Letter Motion for Leave to File Excess Pages. Application GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/20/2025) (vfr) (Entered: 08/20/2025)

ORDER granting 34 Letter Motion for Leave to File Excess Pages. Application GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/20/2025) (vfr) (Entered: 08/20/2025)

NOTICE OF APPEARANCE by Amy Belsher on behalf of African Communities Together, The Door..(Belsher, Amy) (Entered: 08/20/2025)

MEMORANDUM OF LAW in Opposition re: 22 MOTION to Stay under 5 U.S.C. § 705. . Document filed by Pamela Bondi, Todd M. Lyons, Kristi Noem, Sirce E. Owen..(Oestericher, Jeffrey) (Entered: 08/20/2025)

DECLARATION of Sirce Owen in Opposition re: 22 MOTION to Stay under 5 U.S.C. § 705.. Document filed by Pamela Bondi, Todd M. Lyons, Kristi Noem, Sirce E. Owen..(Oestericher, Jeffrey) (Entered: 08/20/2025)

DECLARATION of AUSA Jeffrey Oestericher in Opposition re: 22 MOTION to Stay under 5 U.S.C. § 705.. Document filed by Pamela Bondi, Todd M. Lyons, Kristi Noem, Sirce E. Owen. (Attachments: # 1 Exhibit A- 3/19/14 Email from Philip T. Miller, # 2 Exhibit B- 1/26/15 Email from Philip T. Miller).(Oestericher, Jeffrey) (Entered: 08/20/2025)

1 Exhibit A- 3/19/14 Email from Philip T. Miller

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2 Exhibit B- 1/26/15 Email from Philip T. Miller

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Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 35 MOTION for Hannah Schoen Steinberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31591121. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

ORDER granting 35 Motion for Hannah Schoen Steinberg to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 08/21/2025)

Order on Motion to Appear Pro Hac Vice

NOTICE OF APPEARANCE by Philip Levitz on behalf of State of New York..(Levitz, Philip) (Entered: 08/25/2025)

LETTER MOTION to File Amicus Brief addressed to Judge P. Kevin Castel from Philip J. Levitz dated 8/25/25. Document filed by State of New York..(Levitz, Philip) (Entered: 08/25/2025)

REPLY MEMORANDUM OF LAW in Support re: 22 MOTION to Stay under 5 U.S.C. § 705. . Document filed by African Communities Together, The Door. (Attachments: # 1 Exhibit Declaration of Paige Austin, # 2 Exhibit Supplemental Declaration of Deborah Fleischaker, # 3 Exhibit Declaration of Dana Leigh Marks).(Wanger, Emily) (Entered: 08/25/2025)

DECLARATION of Amy Belsher in Support re: 22 MOTION to Stay under 5 U.S.C. § 705.. Document filed by African Communities Together, The Door. (Attachments: # 1 Exhibit 1 - Declaration of George Pappas, # 2 Exhibit 2 - WBUR News Article).(Wanger, Emily) (Entered: 08/25/2025)

ORDER granting 32 Motion to File Amicus Brief; granting 44 Letter Motion to File Amicus Brief. The motions of the City of New York (ECF 32) and State of New York (ECF 44) for leave to file the amicus briefs attached to their motions are GRANTED. The Court will hear oral argument from the parties on the pending motion (ECF 22) at 3:00 p.m. on September 2, 2025, in Courtroom 11D. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/26/2025) (vfr) (Entered: 08/26/2025)

Set/Reset Deadlines as to 22 MOTION to Stay under 5 U.S.C. § 705. Motion Hearing set for 9/2/2025 at 03:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (vfr)

LETTER addressed to Judge P. Kevin Castel from Towaki Komatsu dated August 27, 2025 re: Motion for leave to file a motion to intervene. (jca) (Entered: 08/27/2025)

LETTER MOTION for Leave to File motion to intervene addressed to Judge P. Kevin Castel from Towaki Komatsu dated August 27, 2025. (jca) (Entered: 08/28/2025)

MOTION to Intervene...(ks) (Entered: 09/04/2025)

Minute Entry for proceeding held before Judge P. Kevin Castel: Motion Hearing held on 9/2/2025 re: 22 MOTION to Stay. Appearing for plaintiffs, Amy Belsher, Robert A. Hodgson, and Michael T. Tan. Appearing for defendants, Tomoko Onozawa and Jeffrey S. Oestericher. Court reserves decision. See, transcript. (Court Reporter Lisa Franko) (Nacanther, Florence)

Motion Hearing

OPINION AND ORDER re: 22 MOTION to Stay under 5 U.S.C. § 705. filed by The Door, African Communities Together. On this motion, the Court has considered the submissions and arguments of the parties in their entireties, as well as the amicus curiae submissions of the State of New York and the City of New York. Pursuant to section 705, the Court stays the EOIR Dismissal Policy in removal proceedings conducted in the geographic areas served by The Door, i.e., Manhattan and the Bronx, pending full review on the merits of all policies challenged in this action. To avoid doubt on the subject, this Order does not diminish or expand the discretion or authority accorded to Immigration Judges in the controlling statute and regulations regarding, among other matters, requiring or permitting oral motions, requiring or permitting responses to motions, deciding matters orally or in writing and the grounds for dismissal of a removal petition, except that the exercise of such discretion and authority is unrestrained by the EOIR Dismissal Policy. All other relief sought by any party is denied or denied without prejudice. The Clerk of Court is respectfully directed to terminate the pending motion (ECF 22). Within thirty (30) days of this Opinion and Order, the government shall file the administrative record, if any, on all challenged policies. The parties may move for summary judgment thirty (30) days after the administrative record is filed. The parties may file a response to the motion within thirty (30) days of the filing of the motion. The parties may file a reply within fourteen (14) days of the filing of the response. The motions are exempted from the Local Civil Rule 56.1 required statements. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/12/2025) (vfr) (Entered: 09/12/2025)

ORDER denying 49 Letter Motion for Leave to File Document; denying 50 Motion to Intervene. Letter motion (ECF 49) and motion (ECF 50) to intervene in this action are DENIED for want of a right or conditional right conferred by statute, cognizable interest or a relevant claim or defense nor do the applications otherwise satisfy Rule 24(a) or (b). SO ORDERED. (Signed by Judge P. Kevin Castel on 9/12/2025) (vfr) (Entered: 09/12/2025)