Case: African Communities Together v. Lyons

1:25-cv-06366 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 1, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the Trump Administration's campaign of arresting noncitizens at immigration court proceedings, and its summary dismissal of immigration cases without affording noncitizens the opportunity to seek asylum or other affirmative relief. The case was filed on August 1, 2025, by African Communities Together (ACT) and The Door in the U.S. District Court for the Southern District of New York against U.S. Immigration and Customs Enforcement (ICE) and its Acting Director; the Secretar…

This case challenges the Trump Administration's campaign of arresting noncitizens at immigration court proceedings, and its summary dismissal of immigration cases without affording noncitizens the opportunity to seek asylum or other affirmative relief. The case was filed on August 1, 2025, by African Communities Together (ACT) and The Door in the U.S. District Court for the Southern District of New York against U.S. Immigration and Customs Enforcement (ICE) and its Acting Director; the Secretary of the U.S. Department of Homeland Security (DHS); the Acting Director of the Executive Office of Immigration Review (EOIR); the U.S. Department of Justice (DOJ); and the U.S. Attorney General.  It was assigned to District Judge P. Kevin Castel.

The Trump Administration’s ICE Courthouse Arrest Policy, issued in a May 27, 2025 memorandum, rescinded a longstanding prior policy that had limited civil immigration arrests at courthouses to narrow circumstances, such as cases involving national security threats or imminent risk of harm. The new policy authorized arrests whenever ICE had credible information that a targeted individual was or would be present at a specific location. It also removed language that previously barred arrests in jurisdictions where local or state law would prohibit them, explicitly permitting arrests even if they would violate such laws. Plaintiffs alleged that this policy reversed longstanding protections, turning mandatory court appearances into traps for noncitizens and causing widespread fear. According to the complaint, the policy led to record numbers of courthouse arrests, resulting in the traumatic separation of families, overcrowded detention facilities, and a chilling effect on court attendance. Plaintiffs, who work with and represent noncitizens in removal proceedings, stated that their members and clients were now terrified to attend hearings, undermining access to due process.

The EOIR Dismissal Policy, announced in a May 30, 2025, email memorandum, instructed Immigration Judges to dismiss cases without following previously established procedural safeguards. The memo advised that DHS motions to dismiss could be made orally and granted from the bench without providing noncitizens the usual ten-day response period. It also stated that general changed circumstances, such as new enforcement priorities or administrative backlogs, could justify dismissal, even when there were no changes specific to an individual’s case, contrary to the requirements of 8 C.F.R. § 239.2(a)(7). Plaintiffs alleged that the policy encouraged Immigration Judges to dismiss cases during mandatory master calendar hearings without advance notice, written filings, or case-specific justification. They claimed that this practice denied noncitizens the opportunity to seek relief such as asylum and allowed arbitrary and opaque dismissals, further undermining the integrity of the immigration court system.

The complaint asserted five causes of action. First, the plaintiffs argued that the ICE Courthouse Arrest Policy was arbitrary and capricious under the Administrative Procedure Act for lacking a reasoned justification. Second, they claimed the policy exceeded statutory authority by violating the common law privilege against courthouse arrests, which they contended was incorporated into the Immigration and Nationality Act. Third and fourth, they challenged the EOIR Dismissal Policy as arbitrary and capricious and as a violation of the Accardi doctrine, which requires agencies to follow their own regulations. Fifth, they alleged that the EOIR policy violated the Fifth Amendment’s Due Process Clause by denying noncitizens timely notice and a meaningful opportunity to be heard.

The plaintiffs, represented by the New York Civil Liberties Union, the American Civil Liberties Union, and private counsel, urged the court to declare both the ICE Courthouse Arrest Policy and the EOIR Dismissal Policy arbitrary, capricious, and unlawful. They sought to vacate both policies under 5 U.S.C. § 706(2), asserting that the EOIR policy also violated the Fifth Amendment’s Due Process Clause. They invoked 5 U.S.C. § 705 for interim relief during the review process and sought attorneys’ fees and costs. 

On August 11, 2025, the plaintiffs filed a motion seeking to stay both policies.

On September 12, 2025, the Court issued an opinion and order granting in part and denying in part plaintiff’s motion to stay policies. In the opinion, the Court first expressed concerns that while the Door has demonstrated organizational standing by pointing specifically to ways the challenged policies have caused a significant diversion of resources from the organization’s core work, ACT’s broad references to providing immigration legal services is not enough to show either organizational or representational standing. 2025 WL 263339.

After addressing the standing issue, the Court turned to the Door’s likelihood of success on the merits, and whether to grant the requested stays. The Court explained that the Door’s challenge to the EOIR Dismissal Policy is likely to succeed on the merits, as the policy of permitting dismissals based on changes in EOIR’s caseload conflicts with the regulation that permits a dismissal when the circumstances of the case have changed, may impermissibly advise the Immigration Judge on how to exercise his or her discretion when granting oral dismissals, and is likely a final agency action. Finding that the Door meets the other requirements for a stay, the Court stayed the EOIR Dismissal Policy. 

However, the Court denied the stay as to ICE’s Courthouse Arrest Policies, finding that the Door had not shown a likelihood to succeed under either of its two theories: (1) a common-law privilege against civil arrests in or near courthouses or (2) a violation of the APA because the Courthouse Arrest Policy was arbitrary and capricious. 2025 WL 2633396.

This case is ongoing.

Summary Authors

Victoria Tan (8/13/2025)

Sofia Yoder (9/28/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70993525/parties/african-communities-together-v-lyons/


Judge(s)

Castel, P. Kevin (New York)

Attorney for Plaintiff

Austin, Paige (New York)

Belsher, Amy (New York)

Gyori, Elizabeth Hui (New York)

Attorney for Defendant
Expert/Monitor/Master/Other

Davies, Jamison Michael (New York)

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Documents in the Clearinghouse

Document
1

1:25-cv-06366

Complaint

Aug. 1, 2025

Aug. 1, 2025

Complaint
23

1:25-cv-06366

Plaintiffs' Memorandum of Law in Support of Motion to Stay Effective Date of Agency Action or Preserve Status or Rights

Aug. 11, 2025

Aug. 11, 2025

Pleading / Motion / Brief
51

1:25-cv-06366

Opinion and Order

Sept. 12, 2025

Sept. 12, 2025

Order/Opinion

2025 WL 2633394

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70993525/african-communities-together-v-lyons/

Last updated Nov. 6, 2025, 1:35 p.m.

ECF Number Description Date Link Date / Link
1

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)

Aug. 1, 2025

Aug. 1, 2025

Clearinghouse
2

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

Aug. 1, 2025

Aug. 1, 2025

3

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)

Aug. 1, 2025

Aug. 1, 2025

4

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

Aug. 1, 2025

Aug. 1, 2025

5

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

Aug. 1, 2025

Aug. 1, 2025

10

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

Aug. 4, 2025

Aug. 4, 2025

11

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

Aug. 4, 2025

Aug. 4, 2025

12

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

Aug. 4, 2025

Aug. 4, 2025

6

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

Aug. 4, 2025

Aug. 4, 2025

7

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

Aug. 4, 2025

Aug. 4, 2025

8

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

Aug. 4, 2025

Aug. 4, 2025

9

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

Aug. 4, 2025

Aug. 4, 2025

Case Opening Initial Assignment Notice

Aug. 4, 2025

Aug. 4, 2025

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)

Aug. 4, 2025

Aug. 4, 2025

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)

Aug. 4, 2025

Aug. 4, 2025

Case Designated ECF. (pc)

Aug. 4, 2025

Aug. 4, 2025

13

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

Aug. 5, 2025

Aug. 5, 2025

14

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

Aug. 5, 2025

Aug. 5, 2025

15

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

Aug. 5, 2025

Aug. 5, 2025

16

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

Aug. 5, 2025

Aug. 5, 2025

17

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)

Aug. 6, 2025

Aug. 6, 2025

18

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)

Aug. 7, 2025

Aug. 7, 2025

19

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)

Aug. 7, 2025

Aug. 7, 2025

Clearinghouse
20

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)

Aug. 8, 2025

Aug. 8, 2025

RECAP
21

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)

Aug. 8, 2025

Aug. 8, 2025

RECAP
22

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

View on PACER

Aug. 11, 2025

Aug. 11, 2025

Clearinghouse
23

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

View on PACER

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

View on RECAP

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

View on PACER

11 Exhibit Declaration of Gillian Rowland-Kain

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12 Exhibit Declaration of Siomara M. Umana

View on PACER

Aug. 11, 2025

Aug. 11, 2025

Clearinghouse
24

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)

Aug. 11, 2025

Aug. 11, 2025

25

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)

Aug. 12, 2025

Aug. 12, 2025

Notice Regarding Pro Hac Vice Motion

Aug. 12, 2025

Aug. 12, 2025

>>>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)

Aug. 12, 2025

Aug. 12, 2025

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. 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)

Aug. 13, 2025

Aug. 13, 2025

27

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

Aug. 14, 2025

Aug. 14, 2025

28

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)

Aug. 14, 2025

Aug. 14, 2025

Notice Regarding Pro Hac Vice Motion

Aug. 14, 2025

Aug. 14, 2025

>>>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)

Aug. 14, 2025

Aug. 14, 2025

29

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)

Aug. 18, 2025

Aug. 18, 2025

30

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)

Aug. 18, 2025

Aug. 18, 2025

31

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

Aug. 18, 2025

Aug. 18, 2025

32

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)

Aug. 18, 2025

Aug. 18, 2025

Order on Motion to Appear Pro Hac Vice

Aug. 18, 2025

Aug. 18, 2025

33

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)

Aug. 20, 2025

Aug. 20, 2025

34

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)

Aug. 20, 2025

Aug. 20, 2025

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. 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)

Aug. 20, 2025

Aug. 20, 2025

36

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)

Aug. 20, 2025

Aug. 20, 2025

37

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)

Aug. 20, 2025

Aug. 20, 2025

38

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

Aug. 20, 2025

Aug. 20, 2025

39

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)

Aug. 20, 2025

Aug. 20, 2025

40

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)

Aug. 20, 2025

Aug. 20, 2025

RECAP
41

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

View on PACER

Aug. 20, 2025

Aug. 20, 2025

Notice Regarding Pro Hac Vice Motion

Aug. 20, 2025

Aug. 20, 2025

>>>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)

Aug. 20, 2025

Aug. 20, 2025

42

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)

Aug. 21, 2025

Aug. 21, 2025

Order on Motion to Appear Pro Hac Vice

Aug. 21, 2025

Aug. 21, 2025

43

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

Aug. 25, 2025

Aug. 25, 2025

44

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)

Aug. 25, 2025

Aug. 25, 2025

RECAP
45

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)

Aug. 25, 2025

Aug. 25, 2025

46

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)

Aug. 25, 2025

Aug. 25, 2025

47

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)

Aug. 26, 2025

Aug. 26, 2025

RECAP

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)

Aug. 26, 2025

Aug. 26, 2025

48

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)

Aug. 27, 2025

Aug. 27, 2025

RECAP
49

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)

Aug. 28, 2025

Aug. 28, 2025

RECAP
50

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

Aug. 30, 2025

Aug. 30, 2025

RECAP

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)

Sept. 2, 2025

Sept. 2, 2025

Motion Hearing

Sept. 3, 2025

Sept. 3, 2025

51

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)

Sept. 12, 2025

Sept. 12, 2025

Clearinghouse
52

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)

Sept. 12, 2025

Sept. 12, 2025

RECAP
53

LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from AUSA Tomoko Onozawa dated September 25, 2025. Document filed by Pamela Bondi, Todd M. Lyons, Kristi Noem, Sirce E. Owen..(Onozawa, Tomoko) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

RECAP
54

NOTICE OF APPEARANCE by Claire Molholm on behalf of African Communities Together, The Door..(Molholm, Claire) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

55

ORDER granting 53 Letter Motion to Adjourn Conference. APPLICATION GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/25/2025) (vfr) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

56

LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge P. Kevin Castel from AUSA Tomoko Onozawa dated October 3, 2025. Document filed by Pamela Bondi, Todd M. Lyons, Kristi Noem, Sirce E. Owen..(Onozawa, Tomoko) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

RECAP
57

ORDER granting 56 Letter Motion for Extension of Time to Answer re 1 Complaint. Application GRANTED. SO ORDERED. Pamela Bondi answer due 10/20/2025; Todd M. Lyons answer due 10/20/2025; Kristi Noem answer due 10/20/2025; Sirce E. Owen answer due 10/20/2025 (Signed by Judge P. Kevin Castel on 10/3/2025) (jjc) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

58

LETTER addressed to Judge P. Kevin Castel from AUSA Tomoko Onozawa dated Oct. 10, 2025 re: Pre-Motion Letter for Partial Rule 12(b)(1) Motion to Dismiss. Document filed by Pamela Bondi, Todd M. Lyons, Kristi Noem, Sirce E. Owen..(Onozawa, Tomoko) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

RECAP
59

LETTER MOTION for Extension of Time to file ICE Administrative Record; to file combined 12(b)(1) and 56 motions; and file response to complaint addressed to Judge P. Kevin Castel from AUSA Tomoko Onozawa dated Oct. 10, 2025. Document filed by Pamela Bondi, Todd M. Lyons, Kristi Noem, Sirce E. Owen..(Onozawa, Tomoko) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

RECAP
60

ORDER granting 59 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. OK. Cross Motions due by 12/3/2025. Motions due by 12/3/2025. (Signed by Judge P. Kevin Castel on 10/14/2025) (vfr) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

RECAP

Set/Reset Deadlines: Responses due by 1/7/2026 Replies due by 1/21/2026. (vfr)

Oct. 14, 2025

Oct. 14, 2025

61

MEMO ENDORSEMENT on re: 58 Letter filed by Kristi Noem, Todd M. Lyons, Sirce E. Owen, Pamela Bondi. ENDORSEMENT: File motion on the schedule approved in ECF 60. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/15/2025) (vfr) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

62

TRANSCRIPT of Proceedings re: CONFERENCE held on 9/2/2025 before Judge P. Kevin Castel. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/12/2025. Redacted Transcript Deadline set for 11/24/2025. Release of Transcript Restriction set for 1/20/2026..(Moya, Goretti) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

63

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/2/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

64

NOTICE of Filing of ICE Administrative Record. Document filed by Pamela Bondi, Todd M. Lyons, Kristi Noem, Sirce E. Owen..(Onozawa, Tomoko) (Entered: 11/04/2025)

Nov. 4, 2025

Nov. 4, 2025

RECAP

Case Details

State / Territory:

New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Aug. 1, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Membership-based non-profit organizations, African Communities Together (ACT) and The Door, that work with noncitizens in removal proceedings and provide them with legal and other comprehensive services.

Attorney Organizations:

ACLU Affiliates (any)

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement (- United States (national) -), Federal

U.S. Department of Homeland Security (- United States (national) -), Federal

Executive Office for Immigration Review (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

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

Other Dockets:

Southern District of New York 1:25-cv-06366

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Issues

Immigration/Border:

Constitutional rights

Deportation - judicial review

Deportation - procedure

Enforcement location

Family Separation

ICE/DHS/INS raid

Undocumented immigrants - rights and duties