Case: Barco Mercado v. Noem

1:25-cv-06568 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 8, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged allegedly unconstitutional conditions of confinement at a transitional holding station within the New York City Immigration and Customs Enforcement (ICE) office at 26 Federal Plaza ("26 Fed"). The challenged conditions arose amid an increase in ICE arrests following a presidential order setting a quota of 3,000 arrests per day. The 26 Fed facility consisted of gender-segregated concrete cells designed for temporary detention of a few hours while individuals were processed for release or transfer to longer-term detention. However, as arrest numbers increased, detainees were held at the facility for extended periods in overcrowded rooms without beds, adequate food, hygiene products, or access to showers, and without the ability to communicate confidentially with counsel.

On August 8, 2025, a detained immigrant at 26 Fed filed this putative class action lawsuit in the U.S. District Court for the Southern District of New York against the U.S. Department of Homeland Security (DHS) and its Secretary; ICE and its Acting Director and Acting Executive Associate Director; and the Acting Field Office Director of the New York ICE Office. Plaintiffs alleged that the conditions of their confinement violated their First Amendment and Fifth Amendment rights. They alleged that they faced worse denial of access to counsel than incarcerated individuals and pretrial detainees.

The plaintiffs sought:

A declaratory judgment that the action was maintainable as a class action and that Defendants' policy and practice violated the First and Fifth Amendments;
Preliminary and permanent injunctive relief requiring Defendants to ensure that Hold Rooms were not filled beyond maximum capacity; that detainees were provided clean bedding, adequate sleeping space, nutritious meals, safe and sanitary Hold Rooms and bathrooms, and separate bathroom facilities from sleeping areas; that detainees had access to prescribed medications; and that they had in-person and telephone access to legal counsel;
An award of attorneys' fees and costs.

The case was assigned to U.S. District Judge Lewis A. Kaplan.

Plaintiffs subsequently filed a motion for class certification and an order to show cause for a Temporary Restraining Order (TRO) and Preliminary Injunction (PI). Plaintiff sought to certify a class consisting of "all immigration detainees who are detained and those who will be detained in the future by ICE at 26 Federal Plaza." Plaintiffs further requested that Defendants be ordered to show cause why the Court should not grant the requested injunctive relief. The State of New York submitted an amicus curiae brief in support of the plaintiff's motion for a preliminary injunction with respect to the detention conditions at 26 Federal Plaza.

On August 12, the Court granted the requested TRO, finding that the members of the putative class had suffered, and were likely to continue suffering, irreparable harm absent such relief. The following day, the government submitted a letter motion seeking a stay and modification of three provisions of the TRO: (1) providing toothbrushes and toothpaste rather than teeth cleaning wipes; (2) providing interpreter services for confidential attorney-client telephone calls; and (3) permitting detainees to retain prescription medications on their person.

The Court issued an order addressing the requested stay and modification. The Court modified Section 1(e) of the TRO to require that Defendants "allow for connection with outside interpretation services during the call." The Court further modified Section 2(g) to permit detainees to retain personal inhaled medication and to ensure access to prescribed medication provided by ICE medical personnel that is necessary for their well-being.

Following the modification, the court received notice that the government transferred the plaintiff from 26 Fed to the Orange County Jail. The court ordered further briefing to address whether the court still had jurisdiction over the plaintiff's claims, and if not, over the putative class-action.

On September 17, 2025, the court granted the motion for provisional certification of the class and granted in part the motion for preliminary relief. 2025 WL 2658779. Reasoning that more than one detainee who was transferred from 26 Fed was later returned, Judge Kaplan held that Mr. Mercado could still serve as an adequate class representative despite being transferred. After addressing the adequacy and jurisdictional issues, Judge Kaplan certified a provisional class for the purposes of the preliminary injunction. The court granted the preliminary injunction with respect to "all immigration detainees who now or will be detained for 12 or more hours" by ICE at 26 Fed." In his decision, Judge Kaplan concluded that the plaintiffs were very likely to succeed on all of their claims. On the deliberate indifference claims, there was objective deprivation due to the deprivation of sleep, unsanitary conditions, lack of hygiene materials, inadequate food and water, and lack of medical care. The government's failure to act was reckless, given the apparent conditions, prior litigation and public reporting on the issue. The Trump administration's statements regarding harsh conditions of confinement as a "deliberate feature of the enforcement program intended to induce self-deportation and to deter illegal immigration" did not constitute a legitimate government objective. Lastly, the restrictions on the right to access counsel were not related to a legitimate government interest.

The preliminary injunction encapsulated the following orders:

The defendants were not allowed to hold anyone at 26 Fed until they can guarantee at least 50 square feet per person, a clean bed mat, cells cleaned three times per day, adequate soap, towels, toilet power, toothbrushes, toothpastes, and feminine hygiene products. This order effectively depopulated the facility.
The government must provide confidential, unmonitored, unrecorded, temporarily unrestricted, free phone calls to counsel. The government must also provide means for connection to interpretation within 24 hours of being detained at least once each subsequent 12 hour period.
The facility must furnish at least one land line phone for detainee legal calls for each five detainees.
All detainees must be given a notice of rights in English/Spanish, to include: the right to engage and consult with attorneys; confidential, unmonitored phone calls; request free clothing and private area to change; request hygiene materials; provision of licensed medical personnel; ability to retain inhaled medication and prompt access to other prescribed medication from ICE personnel on premises at all times; request a blanket, bottled water, and one additional meal per day.
The ICE online detainee locator system shall accurately identify the location of each detainee in real time or as close as reasonably possible.

The government appealed the injunction on November 14, 2025 to the United States Court of Appeals for the Second Circuit.

On November 25, 2025, the plaintiff moved the court for an order holding the government in civil contempt for their noncompliance with the TRO and Preliminary Injunction. The memorandum alleged the government never implemented many of the procedures required by the preliminary injunction, particularly those regarding attorney access, hygiene, and the provision of the Notice of Rights to all detained individuals. To remedy this noncompliance, the plaintiffs requested the imposition of sanctions including without limitation monitoring, conditional coercive fines, and attorneys’ fees.

On February 27, 2026, the parties filed a joint stipulation to resolve the outstanding concerns regarding the defendants’ compliance raised by plaintiffs’ contempt motion. The stipulation maintained that the parties agreed that the terms of the preliminary injunction apply to any room, cell, or other space where individuals are detained for any length of time by the defendants at the location at issue, that the defendants shall assure that the confidential legal calls mandated by the preliminary injunction take place in a private confidential room not subject to monitoring, that calls from the number designated for attorneys to call to contact or schedule calls with detained individuals shall be answered by a Supervisory Detention and Deportation Officer (SSDO) or by an individual under the supervision of an SSDO and that if those calls are not answered there shall be an opportunity to leave a verbal message, and that the Notice of Rights required by the preliminary injunction shall be posed in a semi-permanent fashion on any floor where individuals are detained by defendants for any length of time and either inside each holding sell or on the outside see-through wall of each holding cell.

The court approved the stipulation and adopted it as a court order on March 2, 2026.

On March 2, 2026, the parties filed a stipulation in the Second Circuit withdrawing the interlocutory appeal with prejudice. The Second Circuit ordered the appeal withdrawn pursuant to the stipulation on March 3, 2026 and notified the district court of the order on March 4, 2026.

This case is ongoing.

Summary Authors

Emma Vayda (8/18/2025)

Jinan Abufarha (12/5/2025)

Sofia Yoder (3/28/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71065570/parties/barco-mercado-v-mullin/

Judge(s)

Attorney for Plaintiff

-, Amy Belsher,

-, Kyle A.

-, Harold A.

-, Heather Gregorio,

-, Alice Reiter,

Attorney for Defendant

Expert/Monitor/Master/Other

Judge(s)

Kaplan, Lewis A. (New York)

Attorney for Plaintiff

Austin, Paige (New York)

Belsher, Amy (New York)

Biklen, Molly Knopp (New York)

Cho, Eunice Hyunhye (New York)

Gregorio, Heather Clare (New York)

Hodgson, Robert Andrew (New York)

Mullkoff, Daniel Erik (New York)

Reiter, Alice Goldman (New York)

Sawyer-Kaplan, Lily (New York)

Solis, Harold A. (New York)

Virgien, Kyle A. (New York)

Wang, Mariann Meier (New York)

Attorney for Defendant

Attorney, Benjamin H.

Attorney, Jeffrey Stuart

Oestericher, Jeffrey Stuart (New York)

Other

Murdukhayeva, Ester (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

34 1:25-cv-06568	Motion for Class Certification	Aug. 8, 2025	Aug. 8, 2025 Pleading / Motion / Brief
9 1:25-cv-06568	Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction	Aug. 8, 2025	Aug. 8, 2025 Order/Opinion
51 1:25-cv-06568	Class Action Complaint for Declaratory and Injunctive Relief	Aug. 11, 2025	Aug. 11, 2025 Complaint
65 1:25-cv-06568	Temporary Restraining Order	Aug. 12, 2025	Aug. 12, 2025 Order/Opinion
67 1:25-cv-06568	Motion	Aug. 13, 2025	Aug. 13, 2025 Pleading / Motion / Brief
70 1:25-cv-06568	Order with Respect to Motions to Stay and Modify Temporary Restraining Order	Aug. 17, 2025	Aug. 17, 2025 Order/Opinion
128 1:25-cv-06568	Joint Stipulation to Adjourn Motion for Contempt & Sanctions Briefing Schedule Barco Mercado v. Noem et al.	Dec. 11, 2025	Dec. 11, 2025 Pleading / Motion / Brief
141 1:25-cv-06568	Contempt Motion Stipulation and Order Barco Mercado v. Noem et al.	March 2, 2026	March 2, 2026 Order/Opinion
20 25-02922	Stipulation U.S. Court of Appeals for the Second Circuit	March 2, 2026	March 2, 2026 Pleading / Motion / Brief

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71065570/barco-mercado-v-mullin/

Last updated July 28, 2026, 5:39 p.m.

ECF Number	Date	Description	Link
1	Aug. 8, 2025	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)	RECAP
2	Aug. 8, 2025	FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Mullkoff, Daniel) Modified on 8/11/2025 (jgo). (Entered: 08/08/2025)	RECAP
3	Aug. 8, 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)	RECAP
4	Aug. 8, 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)	RECAP
5	Aug. 8, 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)	RECAP
6	Aug. 8, 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)	RECAP
7	Aug. 8, 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)	RECAP
8	Aug. 8, 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)	RECAP
9	Aug. 8, 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) 1 Proposed Order Proposed Temporary Restraining Order View on RECAP	Clearinghouse
10	Aug. 8, 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)	RECAP
11	Aug. 8, 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 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP 6 Exhibit 6 View on RECAP 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER	RECAP
12	Aug. 8, 2025	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)	RECAP
13	Aug. 8, 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)	RECAP
14	Aug. 8, 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)	RECAP
15	Aug. 8, 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)	RECAP
16	Aug. 8, 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)	RECAP
17	Aug. 8, 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)	RECAP
18	Aug. 8, 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)	RECAP
19	Aug. 8, 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)	RECAP
20	Aug. 8, 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)	RECAP
21	Aug. 8, 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)	RECAP
22	Aug. 8, 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)	RECAP
23	Aug. 8, 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)	RECAP
24	Aug. 8, 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)	RECAP
25	Aug. 8, 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)	RECAP
26	Aug. 8, 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)	RECAP
27	Aug. 8, 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)	RECAP
28	Aug. 8, 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)	RECAP
29	Aug. 8, 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)	RECAP
30	Aug. 8, 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)	RECAP
31	Aug. 8, 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)	RECAP
32	Aug. 8, 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)	RECAP
33	Aug. 8, 2025	NOTICE OF APPEARANCE by Heather Clare Gregorio on behalf of Sergio Alberto Barco Mercado..(Gregorio, Heather) (Entered: 08/08/2025)	RECAP
34	Aug. 8, 2025	MOTION to Certify Class . Document filed by Sergio Alberto Barco Mercado..(Gregorio, Heather) (Entered: 08/08/2025)	Clearinghouse
35	Aug. 8, 2025	NOTICE OF APPEARANCE by Alice Goldman Reiter on behalf of Sergio Alberto Barco Mercado..(Reiter, Alice) (Entered: 08/08/2025)	RECAP
36	Aug. 8, 2025	NOTICE OF APPEARANCE by Mariann Meier Wang on behalf of Sergio Alberto Barco Mercado..(Wang, Mariann) (Entered: 08/08/2025)	RECAP
37	Aug. 8, 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)	RECAP
38	Aug. 8, 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)	RECAP
39	Aug. 8, 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)	RECAP
40	Aug. 8, 2025	NOTICE OF APPEARANCE by Harold A. Solis on behalf of Sergio Alberto Barco Mercado..(Solis, Harold) (Entered: 08/08/2025)	RECAP
41	Aug. 8, 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)	RECAP
42	Aug. 8, 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)	RECAP
43	Aug. 9, 2025	NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Paige Austin on behalf of Sergio Alberto Barco Mercado.(Austin, Paige) (Entered: 08/09/2025)	RECAP
44	Aug. 9, 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)	RECAP
	Aug. 9, 2025	Order
45	Aug. 11, 2025	ELECTRONIC SUMMONS ISSUED as to Department of Homeland Security..(jgo) (Entered: 08/11/2025)	RECAP
46	Aug. 11, 2025	ELECTRONIC SUMMONS ISSUED as to Immigration and Customs Enforcement..(jgo) (Entered: 08/11/2025)	RECAP
47	Aug. 11, 2025	ELECTRONIC SUMMONS ISSUED as to Kristi Noem..(jgo) (Entered: 08/11/2025)	RECAP
48	Aug. 11, 2025	ELECTRONIC SUMMONS ISSUED as to LaDeon Francis..(jgo) (Entered: 08/11/2025)	RECAP
49	Aug. 11, 2025	ELECTRONIC SUMMONS ISSUED as to Marcos Charles..(jgo) (Entered: 08/11/2025)	RECAP
50	Aug. 11, 2025	ELECTRONIC SUMMONS ISSUED as to Todd Lyons..(jgo) (Entered: 08/11/2025)	RECAP
51	Aug. 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)	Clearinghouse
52	Aug. 11, 2025	CIVIL COVER SHEET filed..(Gregorio, Heather) (Entered: 08/11/2025)	RECAP
53	Aug. 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)	RECAP
54	Aug. 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)	RECAP
55	Aug. 11, 2025	NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of Sergio Alberto Barco Mercado..(Hodgson, Robert) (Entered: 08/11/2025)	RECAP
56	Aug. 11, 2025	NOTICE OF APPEARANCE by Molly Knopp Biklen on behalf of Sergio Alberto Barco Mercado..(Biklen, Molly) (Entered: 08/11/2025)	RECAP
57	Aug. 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)	RECAP
58	Aug. 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)	RECAP
59	Aug. 11, 2025	NOTICE OF APPEARANCE by Amy Belsher on behalf of Sergio Alberto Barco Mercado..(Belsher, Amy) (Entered: 08/11/2025)	RECAP
	Aug. 11, 2025	Notice to Attorney Regarding Party Modification
	Aug. 11, 2025	Notice to Attorney Regarding Case Opening Statistical Error Correction
	Aug. 11, 2025	Notice to Attorney Regarding Deficient Civil Cover Sheet
	Aug. 11, 2025	Notice to Attorney Regarding Deficient Pleading
	Aug. 11, 2025	Case Opening Initial Assignment Notice
	Aug. 11, 2025	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)
	Aug. 11, 2025	Order on Motion for TRO
	Aug. 11, 2025	Notice Regarding Pro Hac Vice Motion
	Aug. 11, 2025	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)
	Aug. 11, 2025	Case Designated ECF. (jgo)
	Aug. 11, 2025	***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)
	Aug. 11, 2025	***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)
	Aug. 11, 2025	***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)
	Aug. 11, 2025	***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)
	Aug. 11, 2025	>>>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)
	Aug. 11, 2025	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)
60	Aug. 12, 2025	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)	RECAP
61	Aug. 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)	RECAP
62	Aug. 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)	RECAP
63	Aug. 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)	RECAP
64	Aug. 12, 2025	Transcript of Oral Argument held on 8/12/2025.(Mohan, Andrew) (Entered: 08/12/2025)	RECAP
65	Aug. 12, 2025	ORDER granting 9 Motion for TRO. (Signed by Judge Lewis A. Kaplan on August 12, 2025) (Kaplan, Lewis)	Clearinghouse
	Aug. 12, 2025	Order on Motion to Appear Pro Hac Vice
	Aug. 12, 2025	Oral Argument
	Aug. 12, 2025	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)
66	Aug. 13, 2025	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)	RECAP
67	Aug. 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)	Clearinghouse
	Aug. 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)
	Aug. 13, 2025	Cashiers Registry Deposit
68	Aug. 14, 2025	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)	RECAP
69	Aug. 14, 2025	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)	RECAP
70	Aug. 17, 2025	ORDER (Signed by Judge Lewis A. Kaplan on August 17, 2025) (Kaplan, Lewis)	Clearinghouse
71	Aug. 18, 2025	NOTICE OF APPEARANCE by Ester Murdukhayeva on behalf of STATE OF NEW YORK..(Murdukhayeva, Ester) (Entered: 08/18/2025)	RECAP
72	Aug. 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)	RECAP
73	Aug. 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)	RECAP
74	Aug. 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)	RECAP
75	Aug. 19, 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)	RECAP
76	Aug. 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)	RECAP
77	Aug. 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)	RECAP
78	Aug. 20, 2025	LETTER addressed to Judge Lewis A. Kaplan from AUSA Jeffrey Oestericher dated August 20, 2025 re: Defendants do not anticipate the need to take evidence in connection with Plaintiff's motion for a preliminary injunction. Document filed by Marcos Charles, Department of Homeland Security, LaDeon Francis, Immigration and Customs Enforcement, Todd Lyons, Kristi Noem..(Oestericher, Jeffrey) (Entered: 08/20/2025)	RECAP