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

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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)

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)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:25-cv-03499	Complaint for Declaratory and Injunctive Relief	Sept. 30, 2025	Sept. 30, 2025 Complaint

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Docket

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

Last updated July 22, 2026, 3:53 a.m.

ECF Number	Date	Description	Link
1	Sept. 30, 2025	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	Clearinghouse
2	Sept. 30, 2025	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)	RECAP
3	Sept. 30, 2025	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)	RECAP
4	Sept. 30, 2025	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) 1 Memorandum in Support View on RECAP 2 Affidavit of Gitanjali Gutierrez View on PACER 3 Exhibit 1 View on PACER 4 Exhibit 2 View on PACER 5 Exhibit 3 View on PACER 6 Exhibit 4 View on PACER 7 Exhibit 5 View on PACER 8 Exhibit 6 View on PACER 9 Exhibit 7 View on PACER 10 Text of Proposed Order View on PACER	RECAP
5	Sept. 30, 2025	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)	RECAP
6	Sept. 30, 2025	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)	RECAP
	Sept. 30, 2025	Status Report Order
	Sept. 30, 2025	Case Assigned to Judge Amit P. Mehta. (znmw)
	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	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)
7	Oct. 1, 2025	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)	RECAP
8	Oct. 1, 2025	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	RECAP
9	Oct. 1, 2025	NOTICE of Appearance by Ryan Underwood on behalf of PAMELA J. BONDI, U.S. DEPARTMENT OF JUSTICE (Underwood, Ryan) (Entered: 10/01/2025)	RECAP
	Oct. 1, 2025	Status Report Order
	Oct. 1, 2025	Order on Motion for Leave to Appear Pro Hac Vice
	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	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	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).
10	Oct. 2, 2025	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)	RECAP
11	Oct. 2, 2025	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)	RECAP
12	Oct. 2, 2025	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	RECAP
13	Oct. 2, 2025	Joint STATUS REPORT by PAMELA J. BONDI, U.S. DEPARTMENT OF JUSTICE. (Underwood, Ryan) (Entered: 10/02/2025)	RECAP
	Oct. 2, 2025	Order on Motion for Extension of Time to File AND Set/Reset Deadlines
	Oct. 2, 2025	~Util - Set/Reset Deadlines/Hearings
	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	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)
14	Oct. 7, 2025	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)	RECAP
15	Oct. 7, 2025	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	RECAP
	Oct. 7, 2025	Order on Motion for Leave to Appear Pro Hac Vice
	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)
16	Oct. 8, 2025	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)	RECAP
17	Oct. 8, 2025	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)	RECAP
18	Oct. 8, 2025	NOTICE of Appearance by Michael Kenneth Velchik on behalf of All Defendants (Velchik, Michael) (Entered: 10/08/2025)	RECAP
	Oct. 8, 2025	Order on Motion for Miscellaneous Relief
	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)
19	Oct. 9, 2025	NOTICE of Appearance by Andrew I. Warden on behalf of PAMELA J. BONDI, U.S. DEPARTMENT OF JUSTICE (Warden, Andrew) (Entered: 10/09/2025)	RECAP
	Oct. 9, 2025	.Order
	Oct. 9, 2025	Status Conference
	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	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)
20	Oct. 10, 2025	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)	RECAP
	Nov. 24, 2025	MINUTE ORDER granting 24 Motion for Leave to Appear Pro Hac Vice. Attorney Claudia Van Wyk 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 11/24/2025. (lcapm1)
	Dec. 22, 2025	MINUTE ORDER granting Plaintiffs' 26 Consent Motion for Extension of Time to Respond to Defendants' Motion to Dismiss. Plaintiffs shall respond to Defendants' motion by January 16, 2026. Signed by Judge Amit P. Mehta on 12/22/2025. (lcapm1)
	Jan. 20, 2026	MINUTE ORDER granting Plaintiffs' 27 Consent Motion for Leave to File Amended Complaint. The First Amended Complaint, ECF No. 27-3, shall be the operative pleading in this matter. Defendants' 25 Motion to Dismiss Plaintiffs' 1 Complaint for Lack of Jurisdiction and Standing is accordingly denied as moot. Signed by Judge Amit P. Mehta on 1/20/2026. (lcapm1)
	Feb. 3, 2026	MINUTE ORDER granting 30 Motion for Leave to Appear Pro Hac Vice. Attorney Abraham Evans 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 2/3/2026. (lcapm1)
	Feb. 13, 2026	MINUTE ORDER granting Plaintiffs' 32 Consent Motion for Extension of Time to File Opposition to Defendants' Motion to Dismiss. Plaintiffs shall file their opposition on or before February 23, 2026; and Defendants shall file their reply on or before March 9, 2026. Signed by Judge Amit P. Mehta on 2/13/2026. (lcapm1)
	Feb. 24, 2026	MINUTE ORDER granting the parties' 34 Joint Motion for Extension of Time. Plaintiffs shall file their Response to Defendants' Motion to Dismiss by March 2, 2026, and Defendants shall file their Reply by March 23, 2026. Signed by Judge Amit P. Mehta on 2/24/2026. (lcapm1)
	March 5, 2026	MINUTE ORDER granting Plaintiffs' 36 Consent Motion for Leave to File Corrected Opposition to Motion to Dismiss. Plaintiffs' corrected Opposition to Motion to Dismiss, ECF No. 36-1, shall be filed. Signed by Judge Amit P. Mehta on 3/5/2026. (lcapm1)
	April 22, 2026	MINUTE ORDER granting 39 Motion for Leave to Appear Pro Hac Vice. Attorney Geoffrey Shaw 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 4/22/2026. (lcapm1)
	April 22, 2026	MINUTE ORDER granting 40 Motion for Leave to Appear Pro Hac Vice. Attorney Elizabeth Moulton 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 4/22/2026. (lcapm1)
44	July 10, 2026	MEMORANDUM OPINION re: Defendants' 31 Motion to Dismiss for Lack of Jurisdiction and Standing. See the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 7/10/2026. (lcapm1)	RECAP

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Authority of Independent Agencies

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

Federal

Department of Justice

Pamela Bondi

Defendant Type(s):

Law-enforcement