Case: Barco Mercado v. Noem

FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Marcos Charles, Department of Homeland Security, LaDeon Francis, Immigration and Customs Enforcement, Todd Lyons, Kristi Noem. (Filing Fee $ 405.00, Receipt Number ANYSDC-31508288)Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) Modified on 8/11/2025 (jgo). (Entered: 08/08/2025)

MEMORANDUM OF LAW in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause. . Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Heather Gregorio, Esq. in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10).(Mullkoff, Daniel) (Entered: 08/08/2025)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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DECLARATION of Sergio Alberto Barco Mercado in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Mei Zhou in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of David Jimenez in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Geovani Maradiaga Ochoa in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Carlos Lopez Benitez in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Dominique Davila in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Lauren Kostes in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Lauren Reiff in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Mullkoff, Daniel) Modified on 8/11/2025 (jgo). (Entered: 08/08/2025)

DECLARATION of Leah Hutton Wissow in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Andres Santamaria Cortes in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Melissa Lim Chua in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Noam Biale in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Sergio De La Pava in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Imbrahima Barry in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Marlon Garcia Molares in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Hugo Sanchez Trillos in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Joselyn Chipantiza Sisalema in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Rebecca Press in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Kristi Noem, re: 1 Complaint,. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Sarah Borsody in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Daniel Quevedo in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

DECLARATION of Karla Ostolaza, Esq. in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

NOTICE OF APPEARANCE by Heather Clare Gregorio on behalf of Sergio Alberto Barco Mercado..(Gregorio, Heather) (Entered: 08/08/2025)

MOTION to Certify Class . Document filed by Sergio Alberto Barco Mercado..(Gregorio, Heather) (Entered: 08/08/2025)

NOTICE OF APPEARANCE by Alice Goldman Reiter on behalf of Sergio Alberto Barco Mercado..(Reiter, Alice) (Entered: 08/08/2025)

NOTICE OF APPEARANCE by Mariann Meier Wang on behalf of Sergio Alberto Barco Mercado..(Wang, Mariann) (Entered: 08/08/2025)

MEMORANDUM OF LAW in Support re: 34 MOTION to Certify Class . . Document filed by Sergio Alberto Barco Mercado..(Gregorio, Heather) (Entered: 08/08/2025)

DECLARATION of Heather Gregorio in Support re: 34 MOTION to Certify Class .. Document filed by Sergio Alberto Barco Mercado..(Gregorio, Heather) (Entered: 08/08/2025)

DECLARATION of Sergio Alberto Barco Mercado in Support re: 34 MOTION to Certify Class .. Document filed by Sergio Alberto Barco Mercado..(Gregorio, Heather) (Entered: 08/08/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security, re: 1 Complaint,. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

NOTICE OF APPEARANCE by Harold A. Solis on behalf of Sergio Alberto Barco Mercado..(Solis, Harold) (Entered: 08/08/2025)

MOTION for Eunice Hyunhye Cho to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31509027. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sergio Alberto Barco Mercado. (Attachments: # 1 Affidavit Eunice Cho, # 2 Exhibit Certificates of Good Standing, # 3 Proposed Order Admission Pro Hac Vice).(Cho, Eunice) (Entered: 08/08/2025)

ORDER. On Friday, August 8, 2025, at approximately 5:51 p.m., Plaintiff commenced this putative class action. Dkt. No. 1 ("Compl."). In it, Plaintiff alleges that the conditions in which he and other detainees at 26 Federal Plaza in New York City are unconstitutional. He alleges, among other things, that the "crowded, squalid, and punitive conditions... are publicly documented and well-known to Defendants." Compl. 7. He also alleges that his access to his lawyer was limited. Mr. Mercado was arrested on August 8, 2025, and "when his attorney attempted to contact him after he was detained, he was refused access to his client." Id. 6. In the period following the filing of his complaint, Plaintiff filed a motion for a temporary restraining order, Dkt. No. 9 (notice of motion and proposed order), a supporting memorandum of law, and Dkt. No. 10, and twenty-one supporting affidavits, Dkt. Nos. 11 to 32. The last of those submissions was filed at 6:26 p.m. Later this evening, Plaintiff filed a motion to certify a class action in this matter, Dkt. No. 37, together with two supporting declarations, Dkt. Nos. 38, 39. The last of those submissions was filed at 7:59 p.m. At 8:11 p.m. Heather Gregorio, representing Plaintiff, emailed the Court, attaching some of the documents related to the proposed temporary restraining order. That email copied lawyers from the Department of Justice who Ms. Gregorio characterized as individuals who she believed to have appeared on behalf of Defendants in similar matters. The Court declines to grant Plaintiff's application to enter a temporary restraining order without first providing the United States a reasonable opportunity to appear and be heard. Plaintiff asks that the Court order provisional relief regarding the operation of a detention facility. Before dictating the conditions of confinement, the Court believes that the Government should be provided a reasonable opportunity to present its view of the facts, including the impact of any court-ordered modifications to the facility's operations. See generally Bell v. Wolfish, 441 U.S. 520, 547 (1979). Moreover, the Court has no realistic expectation that any order regarding the operations of the facility issued late on a Friday evening would be carried out over the course of a weekend. The timing of Plaintiff's extensive application makes the immediate implementation of any order to ameliorate the conditions of Plaintiff's detention improbable. Plaintiff's articulated concern regarding his access to counsel is that he "will be barred from communicating confidentially with his attorney in the coming days...." Compl. 57. A brief delay to permit the Government to respond before the implementation of any appropriate provisional relief will not substantially enhance that risk. The issues raised by Plaintiff as alleged are complex. Defendants should be provided a reasonable opportunity to prepare a response and to be heard before the Court acts on Plaintiff's request for entry of a temporary restraining order, in particular given the nature of the modifications to the detention facility that Plaintiff has requested. The Court anticipates that on August 11, 2025 a hearing to discuss the application for the entry of the requested provisional injunctive relief will be scheduled. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory) (Entered: 08/09/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Todd Lyons, re: 1 Complaint,. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Marcos Charles, re: 1 Complaint,. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to LaDeon Francis, re: 1 Complaint,. Document filed by Sergio Alberto Barco Mercado..(Mullkoff, Daniel) (Entered: 08/08/2025)

EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause. Document filed by Sergio Alberto Barco Mercado. (Attachments: # 1 Proposed Order Proposed Temporary Restraining Order).(Mullkoff, Daniel) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 08/08/2025)

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Paige Austin on behalf of Sergio Alberto Barco Mercado.(Austin, Paige) (Entered: 08/09/2025)

NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Marcos Charles, Department of Homeland Security, LaDeon Francis, Immigration and Customs Enforcement, Todd Lyons, Kristi Noem..(Oestericher, Jeffrey) (Entered: 08/09/2025)

Order

ELECTRONIC SUMMONS ISSUED as to Department of Homeland Security..(jgo) (Entered: 08/11/2025)

ELECTRONIC SUMMONS ISSUED as to Immigration and Customs Enforcement..(jgo) (Entered: 08/11/2025)

ELECTRONIC SUMMONS ISSUED as to Kristi Noem..(jgo) (Entered: 08/11/2025)

ELECTRONIC SUMMONS ISSUED as to LaDeon Francis..(jgo) (Entered: 08/11/2025)

ELECTRONIC SUMMONS ISSUED as to Marcos Charles..(jgo) (Entered: 08/11/2025)

ELECTRONIC SUMMONS ISSUED as to Todd Lyons..(jgo) (Entered: 08/11/2025)

COMPLAINT against Marcos Charles, Department of Homeland Security, LaDeon Francis, Immigration and Customs Enforcement, Todd Lyons, Kristi Noem. Document filed by Sergio Alberto Barco Mercado..(Gregorio, Heather) (Entered: 08/11/2025)

CIVIL COVER SHEET filed..(Gregorio, Heather) (Entered: 08/11/2025)

ORDER with respect to 9 Motion for TRO. (Signed by Judge Lewis A. Kaplan on August 11, 2025) (Kaplan, Lewis) (Entered: 08/11/2025)

ORDER with respect to 9 Motion for TRO. (Signed by Judge Lewis A. Kaplan on August 11, 2025) (Kaplan, Lewis) (Entered: 08/11/2025)

NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of Sergio Alberto Barco Mercado..(Hodgson, Robert) (Entered: 08/11/2025)

NOTICE OF APPEARANCE by Molly Knopp Biklen on behalf of Sergio Alberto Barco Mercado..(Biklen, Molly) (Entered: 08/11/2025)

MEMORANDUM OF LAW in Opposition re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause. . Document filed by Marcos Charles, Department of Homeland Security, LaDeon Francis, Immigration and Customs Enforcement, Todd Lyons, Kristi Noem..(Oestericher, Jeffrey) (Entered: 08/11/2025)

DECLARATION of Nancy Zanello in Opposition re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Marcos Charles, Department of Homeland Security, LaDeon Francis, Immigration and Customs Enforcement, Todd Lyons, Kristi Noem..(Oestericher, Jeffrey) (Entered: 08/11/2025)

NOTICE OF APPEARANCE by Amy Belsher on behalf of Sergio Alberto Barco Mercado..(Belsher, Amy) (Entered: 08/11/2025)

Notice to Attorney Regarding Party Modification

Notice to Attorney Regarding Case Opening Statistical Error Correction

Notice to Attorney Regarding Deficient Civil Cover Sheet

Notice to Attorney Regarding Deficient Pleading

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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..(jgo)

Order on Motion for TRO

Notice Regarding Pro Hac Vice Motion

Magistrate Judge Katharine H. Parker 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. (jgo)

Case Designated ECF. (jgo)

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Erik Mullkoff to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed by the ECF filing attorney. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Daniel Erik Mullkoff to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF was not signed by the ECF filing attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 4, 2024. The S.D.N.Y. Civil Cover Sheet dated December 4, 2024 is located athttp://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo)

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Erik Mullkoff. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Erik Mullkoff. The party information for the following party/parties has been modified: Sergio Alberto Barco Mercado; Kristi Noem; Todd Lyons; Marcos Charles; LaDeon Francis. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 41 MOTION for Eunice Hyunhye Cho to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31509027. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

ORAL ARGUMENT set for 8/12/2025 at 10:00 AM before Judge Lewis A. Kaplan. As per the 8/11/2025 order (DI 54), the Court will hear oral argument regarding the motion for a temporary restraining order via video conference. Counsel of record will be emailed links to join via video conference. Press, Public, and non-participating attorneys should dial-in by phone to listen to the audio using 1-855-244-8681, meeting number 2311 246 4992#. All participants and listeners are reminded that only official court reporters are authorized to record Court hearings. Any unauthorized recording or re-broadcast of the hearing, in whole or in part, would be in violation of Court rules. (Mohan, Andrew)

ORDER granting 41 Motion for Eunice Hunghye Cho to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis) (Entered: 08/12/2025)

DECLARATION of Sergio Alberto Barco Mercado in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause., 34 MOTION to Certify Class .. Document filed by Sergio Alberto Barco Mercado..(Wang, Mariann) (Entered: 08/12/2025)

DECLARATION of Adelfo Eliseo Bautista Sanchez in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause., 34 MOTION to Certify Class .. Document filed by Sergio Alberto Barco Mercado..(Wang, Mariann) (Entered: 08/12/2025)

DECLARATION of Roberto Daniel Chilavert Olmedo in Support re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause., 34 MOTION to Certify Class .. Document filed by Sergio Alberto Barco Mercado..(Wang, Mariann) (Entered: 08/12/2025)

Transcript of Oral Argument held on 8/12/2025.(Mohan, Andrew) (Entered: 08/12/2025)

ORDER granting 9 Motion for TRO. (Signed by Judge Lewis A. Kaplan on August 12, 2025) (Kaplan, Lewis)

Order on Motion to Appear Pro Hac Vice

Oral Argument

Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument held on 8/12/2025 re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause. filed by Sergio Alberto Barco Mercado. Briefing schedule for the preliminary injunction: Government response due 8/18/2025; Plaintiff reply due 8/21/2025. If a party anticipates the need to take evidence, the request must be in writing by August 21, 2025. The briefing schedule for the class certification motion: Government response due 8/20/2025, 2025; Plaintiff reply due 8/22/2025. Decision reserved.(Court Reporter Doug Colavito) (Mohan, Andrew)

SCHEDULING ORDER: Further papers, if any, on behalf of defendants in opposition to the plaintiff's motion for a preliminary injunction and any reply papers on behalf of plaintiff in support thereof shall be filed no later than August 18 and August 21, respectively, in each case by 5 p.m. 2. Defendants' papers in opposition to the plaintiff's motion for class certification, if any, and any reply papers on behalf of plaintiff in support thereof shall be filed no later than August 20 and August 22, respectively, in each case by 5 p.m. SO ORDERED. ( Responses due by 8/20/2025 Replies due by 8/22/2025.) (Signed by Judge Lewis A. Kaplan on 8/12/25) (yv) (Entered: 08/13/2025)

LETTER MOTION to Stay and Modify Three Provisions of the TRO addressed to Judge Lewis A. Kaplan from AUSA Jeffrey Oestericher dated 08/13/2025. Document filed by Marcos Charles, Department of Homeland Security, LaDeon Francis, Immigration and Customs Enforcement, Todd Lyons, Kristi Noem..(Oestericher, Jeffrey) (Entered: 08/13/2025)

CASHIERS OFFICE REGISTRY DEPOSIT as per 65 Order on Motion for TRO dated 08/12/2025, from Judge Lewis A. Kaplan, received $10.00 from SERGIO ALBERTO BARCO MERCADO Receipt Number 42318 on 08/13/2025..(bwi)

Cashiers Registry Deposit

MEMO ENDORSEMENT of DI-67 67 a Letter Motion to Stay. So much of the Temporary Restraining Order (TRO) as (a) requires the provision of toothbrushes instead of teeth cleaning wipes, and (b) interpreter services for confidential attorneyphone calls are stayed pending further order of this Court. The Court will consider modification of the TRO insofar as it requires that detainees be given physical possession of prescription medication while in detention. Plaintiff shall respond to all aspects o f the governments letter of August 13 no laterthan August 14. The Court, however, urges the parties to work out mutually acceptable language concerning detainee medications and interpreters. (Signed by Judge Lewis A. Kaplan on 8/14/2025) (Mohan, Andrew)

LETTER RESPONSE to Motion addressed to Judge Lewis A. Kaplan from Heather Gregorio dated August 14, 2025 re: 67 LETTER MOTION to Stay and Modify Three Provisions of the TRO addressed to Judge Lewis A. Kaplan from AUSA Jeffrey Oestericher dated 08/13/2025. . Document filed by Sergio Alberto Barco Mercado..(Gregorio, Heather) (Entered: 08/14/2025)

ORDER (Signed by Judge Lewis A. Kaplan on August 17, 2025) (Kaplan, Lewis)

NOTICE OF APPEARANCE by Ester Murdukhayeva on behalf of STATE OF NEW YORK..(Murdukhayeva, Ester) (Entered: 08/18/2025)

MOTION to File Amicus Brief in support of plaintiff's motion for a preliminary injunction. Document filed by STATE OF NEW YORK..(Murdukhayeva, Ester) (Entered: 08/18/2025)

MEMORANDUM OF LAW in Opposition re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause. . Document filed by Marcos Charles, Department of Homeland Security, LaDeon Francis, Immigration and Customs Enforcement, Todd Lyons, Kristi Noem..(Oestericher, Jeffrey) (Entered: 08/18/2025)

DECLARATION of Nancy Zanello in Opposition re: 9 EMERGENCY MOTION for Temporary Restraining Order by Order to Show Cause.. Document filed by Marcos Charles, Department of Homeland Security, LaDeon Francis, Immigration and Customs Enforcement, Todd Lyons, Kristi Noem..(Oestericher, Jeffrey) (Entered: 08/18/2025)

MEMO ENDORSED ORDER granting 72 Motion to File Amicus Brief. ENDORSEMENT: GRANTED. (Signed by Judge Lewis A. Kaplan on 8/19/25) (yv) (Entered: 08/19/2025)

BRIEF for the State of New York as Amicus Curiae in Support of Plaintiff's Motion for a Preliminary Injunction. Document filed by STATE OF NEW YORK..(Murdukhayeva, Ester) (Entered: 08/19/2025)

ORDER WITH RESPECT TO MOTIONS TO STAY AND MODIFY TEMPORARY RESTRAINING ORDER "(CORRECTED)" : It is hereby ORDERED as follows: The TRO is modified as follows: (a) Paragraph 1(e) is modified to read, in its entirety, as follows: From which Detainees are not provided with means of making confidential, unmonitored, unrecorded, temporally restricted, and free telephone calls to counsel, which means allow for connection with outside interpretation services during the call, within 24 hours after being detained and at least once during each subsequent 12 hour period while they are detained together with the ability to schedule legal calls with counsel within 6 hours of a request made within the period 9 a.m. to 4 p.m. and within 16 hours of a request made thereafter; (b) Paragraph (2(g) is modified to read, in its entirety, as follows: To (i) retain personal inhaled medication in their possession at the time of arrest and to receive and retain in their possession such inhaled medication brought for them by family members or their attorney(s) to the ICE field office, and (ii) have prompt access to other such prescribed medication from ICE medical personnel, one or more of whom, as necessary for the well being of Detainees, shall be on the premises at 26 Federal Plaza at all times of the day or night. The parties' respective applications to stay or modify the TRO (Dkts 67, 69) Both are granted to the extent set forth above and otherwise denied in all respects. The partial stay contained in the Court's memo endorsement dated August 14, 2005 (Dkt 68) is vacated. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/19/25) (yv) (Entered: 08/19/2025)

Letter