Case: A.M. v. U.S. Department of Homeland Security

A.M. et al. v. U.S. Department of Homeland Security et al.

A.M. et al. v. U.S. Department of Homeland Security et al.

COMPLAINT Against Jason Aguilar, Sidney Aki, Pamela Bondi, Executive Office for Immigration Review, Todd Lyons, Kristi Noem, Sirce E. Owen, Gregory J. Archambeault, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Does 1 through 20 (Filing fee $405.00 receipt number ACASDC-20253775.), filed by A.M., C.L.V. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:25-cv-2308-AGS-AHG. Judge Andrew G. Schopler and Magistrate Judge Allison H. Goddard are assigned to the case. (Hutchison, Kimberly)(ggv)(jrd) (Entered: 09/04/2025)

1 Civil Cover Sheet

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NOTICE OF RELATED CASE(S) by A.M., C.L.V. of case(s) 25cv1412-JO-AHG. (ggv) (Entered: 09/04/2025)

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (ggv) (Entered: 09/04/2025)

MOTION To Proceed Under Pseudonyms by A.M., C.L.V.. (Hutchison, Kimberly) (mef). (Entered: 09/04/2025)

ORDER OF TRANSFER. District Judge Andrew G. Schopler is no longer assigned. Case reassigned to Judge Jinsook Ohta for all further proceedings. The new case number is 25cv2308-JO-AHG. Signed by District Judge Andrew G. Schopler on 09/08/2025.(mef) (Entered: 09/17/2025)

Minute Order by Judge Jinsook Ohta: On September 4, 2025, Plaintiffs filed a class action complaint alleging that Defendants had committed statutory and constitutional violations against the proposed class. Specifically, Plaintiffs alleged that one of the proposed class representatives, C.L.V., had his section 240 proceedings dismissed in May 2025, and has been detained at Otay Mesa Detention Center since, despite participating in a credible fear interview. Defendants are ordered to provide a status update to the court regarding the date that C.L.V. received a credible fear interview, the outcome of his credible fear interview, as well as the procedural posture of C.L.V.'s immigration case/s, by 5pm on Friday, September 19, 2025. Signed by Judge Jinsook Ohta on September 17, 2025. (Entered: 09/17/2025)

Minute Order (No Time)

Minute Order by Judge Jinsook Ohta: re 4 MOTION To Proceed Under Pseudonyms filed by A.M., C.L.V. Plaintiffs filed a motion requesting to proceed under pseudonyms, specifically with the initials "A.M." and "C.L.V." instead of their full names, citing their safety concerns and fear of retaliation as political activists seeking asylum in this country. Dkt. 4. Proceeding under pseudonym is appropriate in "unusual case[s]" where nondisclosure of the party's identity "is necessary... to protect a person from harassment, injury, ridicule or personal embarrassment." Does I Thru XXIII v. Advanced Textile Corp ., 214 F.3d 1058, 1067-68 (9th Cir. 2000) (alteration in original) (quoting United States v. Doe, 655 F.2d 920, 922 n.1 (9th Cir. 1981)). Where a party seeks to proceed pseudonymously on the basis of retaliatory harm, "a district court must balance five factors: '(1) the severity of the threatened harm, (2) the reasonableness of the anonymous party's fears,... (3) the anonymous party's vulnerability to such retaliation,' (4) the prejudice to the opposing party, and (5) the public interest." Doe v. Kamehameha Schs./Bernice Pauahi Bishop Est., 596 F.3d 1036, 1042 (9th Cir. 2010). Petitioner has demonstrated this is an "unusual case" where nondisclosure of the party's identity "is necessary... to protect a person from harassment, injury, ridicule or personal embarrassment." Does I Thru XXIII., 214 F.3d 1058, 1067-68.Here, Plaintiffs have established reasonable grounds to fear such retaliatory harm. They allege that they are facing deportation to countries where they have faced persecution and torture. Dkt. 1, par. 1, 3-4, 19, 20; Dkt. 4. Plaintiffs concerns for their safety if deported would be amplified if their identifying information were to be disclosed to the public and their respective countrys authorities knew they sought asylum. Dkt. 4; Kamehameha Schools, 596 F.3d at 1043 (Threats of physical harm "present[ ] the paradigmatic case for allowing anonymity."). The Ninth Circuit and district courts have recognized retaliation from a foreign government as a sufficient basis to proceed anonymously. Does I thru XXIII, 214 F.3d at 1063 (considering possible retaliation by the Chinese government against Chinese national plaintiffs residing in Saipan and their family members residing in China as supporting the use of pseudonyms); Al Otro Lado, Inc. v. Nielsen, No. 17-CV-02366-BAS-KSC, 2017 WL 6541446, at *8 (S.D. Cal. Dec. 20, 2017) (granting plaintiffs' requests to proceed pseudonymously considering their identity was not central to the legal merits of their asylum claim).Based on the Court's review of the severity of the harm, the reasonableness of Plaintiffs' proffered fears, and Plaintiffs' vulnerability to retaliation, the Court finds that the need for anonymity in this case outweighs countervailing considerations of potential prejudice to Defendants. See Kamehameha Schools, 596 F.3d at 1042. The Court also finds that revealing the identity of Plaintiffs would not advance the public's understanding of these legal proceedings. For these reasons, the Court GRANTS Plaintiffs' motion to proceed pseudonymously. Signed by Judge Jinsook Ohta on September 23, 2025. (Entered: 09/23/2025)

Minute Order (No Time)

SUMMONS Returned Executed by C.L.V., A.M.. Jason Aguilar served. (Hutchison, Kimberly) (dim). (Entered: 10/02/2025)

SUMMONS Returned Executed by C.L.V., A.M.. Gregory J. Archambeault served. (Hutchison, Kimberly) (dim). (Entered: 10/02/2025)

SUMMONS Returned Executed by C.L.V., A.M.. Pamela Bondi served. (Hutchison, Kimberly) (dim). (Entered: 10/02/2025)

SUMMONS Returned Executed by C.L.V., A.M.. Executive Office for Immigration Review served. (Hutchison, Kimberly) (dim). (Entered: 10/02/2025)

SUMMONS Returned Executed by C.L.V., A.M.. Sirce E. Owen served. (Hutchison, Kimberly) (dim). (Entered: 10/02/2025)

NOTICE re Status Update Concerning Removal Proceedings by A.M., C.L.V. (Hutchison, Kimberly) (Entered: 10/14/2025)

Minute Order by Judge Jinsook Ohta: The Court sets a status conference for October 17, 2025 at 9:30 a.m. to discuss the status of service on the named Defendants U.S. Department of Homeland Security, Kristi Noem, U.S. Immigration and Customers Enforcement, Todd Lyons, and Sidney Aki, as well as service on the U.S. Attorney's Office for the Southern District of California by a method prescribed in Federal Rule of Civil Procedure 4(i)(1) and (2). Counsel may appear in person or by video teleconference. The courtroom deputy will provide the videoconference information prior to the hearing. Parties may contact chambers if they are unable to appear on this date. Signed by Judge Jinsook Ohta on 10/14/2025. (mk) (Entered: 10/14/2025)

SUMMONS Returned Executed by C.L.V., A.M.. Kristi Noem served. (Hutchison, Kimberly) (Entered: 10/14/2025)

SUMMONS Returned Executed by C.L.V., A.M.. Todd Lyons served. (Hutchison, Kimberly) (Entered: 10/14/2025)

SUMMONS Returned Executed by C.L.V., A.M.. U.S. Immigration and Customs Enforcement served. (Hutchison, Kimberly) (Entered: 10/14/2025)

Minute Entry for proceedings held before Judge Jinsook Ohta: Status Conference held on 10/17/2025. Order to follow. (Court Reporter/ECR Cristine Gerongco). (Plaintiff Attorney Kimbery Sue Hutchison). (Defendant Attorney Janel Cabral, AUSA). (no document attached) (smy) (Entered: 10/17/2025)

Minute Order by Judge Jinsook Ohta: The Court held a status conference on October 17, 2025. Under General Order No. 766, a stay has been issued for civil cases involving the United States as a party, except for habeas corpus petitions under 28 U.S.C. § 2241. However, the Court exercises its discretion to exempt this case from that stay, given its related nature to pending habeas petitions. See General Order No. 766, P.7 (such cases are stayed "unless otherwise ordered by the assigned district judge"). Plaintiff is ordered to file proof of service on all remaining Defendants, including the United States Attorney for the Southern District of California, by October 21, 2025. Defendants are ordered to file a response to the Complaint consistent with the deadlines under Federal Rule of Civil Procedure 12(a)(2). Signed by Judge Jinsook Ohta on 10/17/2025. (mk) (Entered: 10/17/2025)

NOTICE of Vacated Hearing: To the extent that a hearing on a motion to dismiss is scheduled on the Court's calendar, that hearing is VACATED as there is no motion to dismiss pending as of the date of this notice. (no document attached) (smy) (Entered: 03/26/2026)

Minute Order by Judge Jinsook Ohta: On March 30, 2026, Defendant filed a motion to dismiss. Dkt. 23. The Court schedules oral argument on the motion to dismiss [Dkt. 30] for June 11, 2026, at 9:30 AM in Courtroom 4C before Judge Jinsook Ohta. The Court sets the following briefing schedule: Plaintiff's opposition brief is due on April 21, 2026, and Defendant's reply brief is due by May 5, 2026. Signed by Judge Jinsook Ohta on 3/31/2026. (mk) (Entered: 03/31/2026)

Minute Order by Judge Jinsook Ohta: Due to a scheduling conflict, the Court reschedules the hearing on Defendants' motion to dismiss [Dkt. 30] currently set for June 11, 2026 to June 4, 2026, at 9:30 a.m. in Courtroom 4C before Judge Jinsook Ohta. If counsel has a scheduling conflict with the new date, the parties shall file stipulated alternative dates that are available to all parties. Signed by Judge Jinsook Ohta on 4/10/2026. (mk) (Entered: 04/10/2026)

Minute Order by Judge Jinsook Ohta: The parties filed a joint motion seeking a one-week extension for Defendants to file their reply in support of their motion to dismiss. Dkt. 35. The court GRANTS the motion [Dkt. 35]. Defendants shall file their reply by May 12, 2026. Signed by Judge Jinsook Ohta on 5/1/2026. (mk) (Entered: 05/01/2026)

Minute Entry for proceedings held before Judge Jinsook Ohta: Motion Hearing held on 6/4/2026 re 30 MOTION to Dismiss for Failure to State a Claim and Lack of Jurisdiction re: Plaintiff's Class Action Complaint for Declaratory and Other Relief; or in the Alternative, Motion to Stay Case During Pendency of Related Federal Litigation filed by U.S. Department of Homeland Security, Sidney Aki, Sirce E. Owen, Jason Aguilar, Todd Lyons, Pamela Bondi, U.S. Immigration and Customs Enforcement, Kristi Noem, Executive Office for Immigration Review, Gregory J. Archambeault. The Court will issue a written order. (Court Reporter/ECR Cristine Gerongco). (Plaintiff Attorney Liam Samuel Barett; Kimberly Sue Hutchison). (Defendant Attorney Lisa M. Hemann, AUSA; Matthew Bryan Riley, AUSA). (no document attached) (smy) (Entered: 06/04/2026)

Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Discovery Conference held on 7/24/2026. (Plaintiffs' Attorney Liam Barrett). (Defendants' Attorney Lisa Hemann). (no document attached) (mxm2) (Entered: 07/24/2026)

Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Status Conference held on 8/7/2026. (Plaintiffs' Attorneys Liam Barrett; Kimberly Hutchison). (Defendants' Attorneys Lisa Hemann; Matthew Riley). (no document attached) (mxm2) (Entered: 08/07/2026)

Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Early Neutral Evaluation Conference held on 8/12/2026. The case did not settle. (Plaintiffs' Attorneys Liam Barrett; Kimberly Hutchison). (Defendants' Attorneys Lisa Hemann; Matthew Riley). (no document attached) (mxm2) (Entered: 08/12/2026)

ORDER. Based on the parties' recent update regarding the status of discovery, the Court VACATES the Status Conference set for August 14, 2026. Signed by Magistrate Judge Allison H. Goddard on 8/12/2026. (no document attached) (mxm2) (Entered: 08/12/2026)

ORDER. Based on the parties' recent update regarding the status of discovery, the Court VACATES the Status Conference set for August 21, 2026. Signed by Magistrate Judge Allison H. Goddard on 8/20/2026. (no document attached) (mxm2) (Entered: 08/20/2026)

Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Status Conference held on 8/28/2026. Order to issue. (Plaintiff's Attorneys Liam Barrett; Kimberly Hutchison). (Defendants' Attorney Matthew Riley). (no document attached) (mxm2) (Entered: 08/28/2026)

ORDER Setting Recurring Attorney-Only Status Conferees. (Status Conference set for 9/4/2026 02:30 PM before Magistrate Judge Allison H. Goddard., Status Conference set for 9/18/2026 04:00 PM before Magistrate Judge Allison H. Goddard., Status Conference set for 10/1/2026 03:00 PM before Magistrate Judge Allison H. Goddard).Signed by Magistrate Judge Allison H. Goddard on 08/31/2026.(gsw) (Entered: 09/01/2026)