Case: Bland v. Bondi

1:25-cv-03499 | U.S. District Court for the District of District of Columbia

Filed Date: Sept. 30, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the process for certification of states for expedited habeas review under AEDPA. Plaintiffs are a group of prisoners on death row, the Federal Defender Services of Eastern Tennessee, and Federal Public Defender for the Middle District of Tennessee. They are being represented by the ACLU Foundation. The plaintiffs brought this suit on September 30, 2025, against Pamela Bondi, in her official capacity, and the Department of Justice (DOJ) in the United States District Court fo…

This case challenges the process for certification of states for expedited habeas review under AEDPA.

Plaintiffs are a group of prisoners on death row, the Federal Defender Services of Eastern Tennessee, and Federal Public Defender for the Middle District of Tennessee. They are being represented by the ACLU Foundation. The plaintiffs brought this suit on September 30, 2025, against Pamela Bondi, in her official capacity, and the Department of Justice (DOJ) in the United States District Court for the District of Columbia. Judge Amit P. Mehta was assigned to the case.

To apply expedited procedures for federal habeas review under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), a State must meet requirements for adequate post-conviction counsel mechanisms in capital cases. Originally, under AEDPA, federal courts decided whether a State was eligible for expedited procedures. A number of judicial determinations found that States did not meet these requirements. In response, Congress transferred decision-making authority from Article III courts to the Attorney General and authorized the Attorney General to “certify” that a State satisfies AEDPA. On August 7, 2025, the DOJ published the State of Tennessee's request for certification of its capital counsel mechanism. 

In this lawsuit, the plaintiffs alleged that the transfer of AEDPA State certification authority from Article III courts to the Attorney General, an Article I executive branch official, under 28 U.S.C. § 2265, violated the constitutional mandates of due process and separation of powers. They requested that the court declare that this provision violate Article III and the Due Process Clause of Fifth Amendment of the Constitution. They further sought preliminary relief to enjoin the Attorney General from deciding Tennessee’s certification application pending the resolution of the case. 

The court denied the motion for a preliminary injunction on October 10, 2025. As to the likelihood of success on the merits, Judge Mehta found that the court appeared to lack jurisdiction over either claim. He reasoned that 28 U.S.C. § 2265(c) gives the U.S. Court of Appeals for the District of Columbia Circuit “exclusive jurisdiction” to review “[t]he determination by the Attorney General regarding whether to certify a State under this section.” And when a statute grants the D.C. Circuit exclusive jurisdiction to review a final agency action, “any suit seeking relief that might affect the Circuit Court’s future jurisdiction is [also] subject to the exclusive review of the Court of Appeals.” That included lawsuits like this one, with claims of bias and violation of separation of powers. Judge Mehta reasoned that he was bound by precedent to conclude that exclusive jurisdiction over the plaintiffs' claims rested in the D.C. Circuit. Judge Mehta also held that the plaintiffs failed to show how they would suffer irreparable harm absent the requested injunctive relief.

This case is ongoing.

Summary Authors

Claire Pollard (10/1/2025)

Jinan Abufarha (10/18/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71499804/parties/bland-v-bondi/


Judge(s)

Mehta, Amit Priyavadan (District of Columbia)

Attorney for Plaintiff

Morris, Maria (District of Columbia)

Attorney for Defendant

Underwood, Ryan (District of Columbia)

Velchik, Michael Kenneth (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-03499

Complaint for Declaratory and Injunctive Relief

Sept. 30, 2025

Sept. 30, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71499804/bland-v-bondi/

Last updated Jan. 17, 2026, 12:54 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11993911) filed by FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, ANDRE BLAND, HOWARD HAWK WILLIS, URSHAWN MILLER, FEDERAL PUBLIC DEFENDER FOR THE MIDDLE DISTRICT OF TENNESSEE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US DOJ, # 3 Summons Pamela Bondi, # 4 Summons US Attorney's Office)(Morris, Maria) (Entered: 09/30/2025)

1 Civil Cover Sheet

View on PACER

2 Summons US DOJ

View on PACER

3 Summons Pamela Bondi

View on PACER

4 Summons US Attorney's Office

View on PACER

Sept. 30, 2025

Sept. 30, 2025

Clearinghouse
2

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Claudia Van Wyk, Filing fee $ 100, receipt number ADCDC-11994233. Fee Status: Fee Paid. by ANDRE BLAND, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, FEDERAL PUBLIC DEFENDER FOR THE MIDDLE DISTRICT OF TENNESSEE, URSHAWN MILLER, HOWARD HAWK WILLIS. (Attachments: # 1 Declaration of Claudia Van Wyk, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Morris, Maria) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

3

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gitanjali S. Gutierrez, Filing fee $ 100, receipt number ADCDC-11994423. Fee Status: Fee Paid. by ANDRE BLAND, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, FEDERAL PUBLIC DEFENDER FOR THE MIDDLE DISTRICT OF TENNESSEE, URSHAWN MILLER, HOWARD HAWK WILLIS. (Attachments: # 1 Declaration of Gitanjali S. Gutierrez, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Morris, Maria) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

4

MOTION for Temporary Restraining Order by ANDRE BLAND, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, FEDERAL PUBLIC DEFENDER FOR THE MIDDLE DISTRICT OF TENNESSEE, URSHAWN MILLER, HOWARD HAWK WILLIS. (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Gitanjali Gutierrez, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Text of Proposed Order)(Morris, Maria) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

5

NOTICE of Errata by ANDRE BLAND, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, FEDERAL PUBLIC DEFENDER FOR THE MIDDLE DISTRICT OF TENNESSEE, URSHAWN MILLER, HOWARD HAWK WILLIS (Attachments: # 1 Errata - Corrected Complaint)(Morris, Maria) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

6

NOTICE of Errata by ANDRE BLAND, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, FEDERAL PUBLIC DEFENDER FOR THE MIDDLE DISTRICT OF TENNESSEE, URSHAWN MILLER, HOWARD HAWK WILLIS (Attachments: # 1 Errata Corrected Points and Authorities in Support of Temporary Restraining Order)(Morris, Maria) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

Status Report Order

Sept. 30, 2025

Sept. 30, 2025

Case Assigned to Judge Amit P. Mehta. (znmw)

Sept. 30, 2025

Sept. 30, 2025

NOTICE OF NEW CASE ERROR regarding 1 Complaint,. The following error(s) need correction: Invalid signature. Please file the signed document using the event Errata. All filings must have an original signature or /s/ Attorney Name to represent an electronic signature of the filer. Noncompliance with LCvR 5.1(c). Please file a Notice of Errata stating the error and attach the corrected initiating pleading to include the name & full residence address of each party and file using the event Errata. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmw)

Sept. 30, 2025

Sept. 30, 2025

MINUTE ORDER. Plaintiffs shall file a Status Report by 12:00 PM on October 1, 2025, which updates the court on their efforts to serve Defendants with their Motion for Temporary Restraining Order. Signed by Judge Amit P. Mehta on 09/30/2025. (lcapm1)

Sept. 30, 2025

Sept. 30, 2025

7

STATUS REPORT Regarding Efforts to Serve Defendants by ANDRE BLAND, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, FEDERAL PUBLIC DEFENDER FOR THE MIDDLE DISTRICT OF TENNESSEE, URSHAWN MILLER, HOWARD HAWK WILLIS. (Attachments: # 1 Affidavit Describing Service Efforts)(Morris, Maria) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

8

NOTICE of Errata by ANDRE BLAND, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, FEDERAL PUBLIC DEFENDER FOR THE MIDDLE DISTRICT OF TENNESSEE, URSHAWN MILLER, HOWARD HAWK WILLIS (Attachments: # 1 Errata - Corrected Complaint)(Morris, Maria) (Entered: 10/01/2025)

1 Errata - Corrected Complaint

View on PACER

Oct. 1, 2025

Oct. 1, 2025

RECAP
9

NOTICE of Appearance by Ryan Underwood on behalf of PAMELA J. BONDI, U.S. DEPARTMENT OF JUSTICE (Underwood, Ryan) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

Status Report Order

Oct. 1, 2025

Oct. 1, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 1, 2025

Oct. 1, 2025

MINUTE ORDER. The parties shall meet and confer and by noon on October 2, 2025, submit a Joint Status Report that proposes a schedule for briefing Plaintiff's Motion for Temporary Restraining Order. Signed by Judge Amit P. Mehta on 10/1/2025. (lcapm1)

Oct. 1, 2025

Oct. 1, 2025

MINUTE ORDER denying without prejudice 2 Motion for Leave to Appear Pro Hac Vice. To cure the application, the movant must submit a certificate of good standing that has been issued within thirty (30) days of filing, as well as include the movant's office telephone number in the attached declaration. See LCvR 83.2(c)(2). Signed by Judge Amit P. Mehta on 10/1/2025. (lcapm1)

Oct. 1, 2025

Oct. 1, 2025

MINUTE ORDER denying without prejudice 3 Motion for Leave to Appear Pro Hac Vice. To cure the application, the movant must include her office telephone number in the attached declaration. See LCvR 83.2(c)(2). Signed by Judge Amit P. Mehta on 10/1/2025. (lcapm1) Modified on 10/2/2025 (zakb).

Oct. 1, 2025

Oct. 1, 2025

10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gitanjali Gutierrez, Fee Status: No Fee Paid. by ANDRE BLAND, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, FEDERAL PUBLIC DEFENDER FOR THE MIDDLE DISTRICT OF TENNESSEE, URSHAWN MILLER, HOWARD HAWK WILLIS. (Attachments: # 1 Affidavit, # 2 Exhibit - Certificate of Good Standing, # 3 Text of Proposed Order)(Morris, Maria) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gitanjali Gutierrez, Fee Status: No Fee Paid. by ANDRE BLAND, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, FEDERAL PUBLIC DEFENDER FOR THE MIDDLE DISTRICT OF TENNESSEE, URSHAWN MILLER, HOWARD HAWK WILLIS. (Attachments: # 1 Affidavit, # 2 Exhibit - Certificate of Good Standing, # 3 Text of Proposed Order)(Morris, Maria) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

12

Joint MOTION for Extension of Time to File Joint Status Report by PAMELA J. BONDI, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Underwood, Ryan) (Entered: 10/02/2025)

1 Text of Proposed Order

View on PACER

Oct. 2, 2025

Oct. 2, 2025

RECAP
13

Joint STATUS REPORT by PAMELA J. BONDI, U.S. DEPARTMENT OF JUSTICE. (Underwood, Ryan) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

Order on Motion for Extension of Time to File AND Set/Reset Deadlines

Oct. 2, 2025

Oct. 2, 2025

~Util - Set/Reset Deadlines/Hearings

Oct. 2, 2025

Oct. 2, 2025

MINUTE ORDER granting 12 Joint Motion for Extension of Time to File Status Report. The parties shall file the requested Status Report by 2:00 p.m. on October 2, 2025. Signed by Judge Amit P. Mehta on 10/2/2025. (lcapm2)

Oct. 2, 2025

Oct. 2, 2025

MINUTE ORDER. The court will not treat Plaintiffs' motion as one for preliminary injunction, as they have not agreed to do so. That said, the court does not believe briefing on the compressed schedule proposed by Plaintiffs is appropriate or necessary. Defendants shall file their opposition to Plaintiffs' motion by noon on October 7, 2025, and Plaintiffs may file a reply brief of no more than 15 pages by noon on October 8, 2025. The parties shall appear for a hearing on the motion on October 9, 2025, at 11:00 a.m. in Courtroom 10. Plaintiffs' counsel not from the area may participate remotely. Signed by Judge Amit P. Mehta on 10/2/2025. (lcapm2)

Oct. 2, 2025

Oct. 2, 2025

14

SUMMONS (3) Issued Electronically as to PAMELA J. BONDI, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(mg) (Entered: 10/07/2025)

Oct. 7, 2025

Oct. 7, 2025

15

Memorandum in opposition to re 4 MOTION for Temporary Restraining Order filed by PAMELA J. BONDI, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Underwood, Ryan) (Entered: 10/07/2025)

1 Exhibit Exhibit 1

View on PACER

2 Exhibit Exhibit 2

View on PACER

Oct. 7, 2025

Oct. 7, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 7, 2025

Oct. 7, 2025

MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. Attorney Gitanjali Gutierrez is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 10/7/2025. (lcapm1)

Oct. 7, 2025

Oct. 7, 2025

16

REPLY to opposition to motion re 4 Motion for TRO, filed by ANDRE BLAND, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, FEDERAL PUBLIC DEFENDER FOR THE MIDDLE DISTRICT OF TENNESSEE, URSHAWN MILLER, HOWARD HAWK WILLIS. (Morris, Maria) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

17

Unopposed MOTION for Leave for All Parties to Appear Remotely re Set Deadlines/Hearings,, by ANDRE BLAND, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, FEDERAL PUBLIC DEFENDER FOR THE MIDDLE DISTRICT OF TENNESSEE, URSHAWN MILLER, HOWARD HAWK WILLIS. (Attachments: # 1 Text of Proposed Order)(Morris, Maria) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

18

NOTICE of Appearance by Michael Kenneth Velchik on behalf of All Defendants (Velchik, Michael) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

Order on Motion for Miscellaneous Relief

Oct. 8, 2025

Oct. 8, 2025

MINUTE ORDER granting 17 Unopposed Motion to Conduct Status Hearing Fully Remotely. The hearing on Plaintiffs' Motion for Temporary Restraining Order scheduled for October 9, 2025, at 11:00 a.m. shall occur via Zoom. Signed by Judge Amit P. Mehta on 10/8/2025. (lcapm1)

Oct. 8, 2025

Oct. 8, 2025

19

NOTICE of Appearance by Andrew I. Warden on behalf of PAMELA J. BONDI, U.S. DEPARTMENT OF JUSTICE (Warden, Andrew) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

.Order

Oct. 9, 2025

Oct. 9, 2025

Status Conference

Oct. 9, 2025

Oct. 9, 2025

MINUTE ORDER. The parties shall be prepared to discuss during the TRO hearing on the question of irreparable harm the D.C. Circuit's decision Alpine Securities Corp. v. FINRA, 121 F.4th 1314, 1331-37 (D.C. Cir. 2024). Signed by Judge Amit P. Mehta on 10/9/2025. (lcapm1)

Oct. 9, 2025

Oct. 9, 2025

Minute Entry for proceedings held before Judge Amit P. Mehta: Motion Hearing held on 10/9/2025. Court heard arguments from the parties on the Plaintiff's 4 MOTION for Temporary Restraining Order and took the matter under advisement. (Court Reporter William Zaremba.) (zakb)

Oct. 9, 2025

Oct. 9, 2025

20

ORDER denying Plaintiffs' 4 Motion for Temporary Restraining Order. The parties shall meet and confer and, by October 15, 2025, propose a schedule for further proceedings. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 10/10/2025. (lcapm1) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

RECAP
21

Status Report

Oct. 15, 2025

Oct. 15, 2025

22

Notice of Appearance

Oct. 21, 2025

Oct. 21, 2025

23

Summons Returned Executed as to Federal Defendant AND Summons Returned Executed as to U.S. Attorney General AND Summons Returned Executed as to US Attorney

Nov. 12, 2025

Nov. 12, 2025

24

Appear Pro Hac Vice

Nov. 21, 2025

Nov. 21, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 24, 2025

Nov. 24, 2025

25

Dismiss/Lack of Jurisdiction

Dec. 9, 2025

Dec. 9, 2025

26

Extension of Time to File Response/Reply

Dec. 19, 2025

Dec. 19, 2025

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

Dec. 22, 2025

Dec. 22, 2025

27

Amend/Correct

Jan. 16, 2026

Jan. 16, 2026

Case Details

State / Territory:

District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Sept. 30, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are a group of prisoners on death row, the Federal Defender Services of Eastern Tennessee, and Federal Public Defender for the Middle District of Tennesse.

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pamela Bondi, Federal

Department of Justice, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Other Dockets:

District of District of Columbia 1:25-cv-03499

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Death Penalty:

Quality of representation