Case: Asylum Seeker Advocacy Project v. United States Citizenship and Immigration Services

1:25-cv-03299 | U.S. District Court for the District of Maryland

Filed Date: Oct. 3, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 3, 2025, Plaintiffs–a national nonprofit membership organization supporting over 500,000 asylum seekers–filed this lawsuit in the U.S. District Court for the District of Maryland against the United States Citizenship and Immigration Services (USCIS), the Executive Office for Immigration Review (EOIR), and their respective directors. Plaintiffs challenged the Big Beautiful Bill, specifically its creation and retroactive application of an "annual asylum fee" of at least $100 paid by as…

On October 3, 2025, Plaintiffs–a national nonprofit membership organization supporting over 500,000 asylum seekers–filed this lawsuit in the U.S. District Court for the District of Maryland against the United States Citizenship and Immigration Services (USCIS), the Executive Office for Immigration Review (EOIR), and their respective directors. Plaintiffs challenged the Big Beautiful Bill, specifically its creation and retroactive application of an "annual asylum fee" of at least $100 paid by asylum seekers every year their applications remain pending, alleging that it violated the Administrative Procedure Act (APA) and was impermissibly retroactive. The case was assigned to Judge Stephanie A. Gallagher.

Congress assigned USCIS and EOIR to administer the annual asylum fee but did not authorize retroactive application. Plaintiffs alleged that USCIS and EOIR provided contradictory information about administration of the fee. EOIR issued a memo requiring applicants to pay the annual asylum fee as early as July 5, 2025, but USCIS issued a notice providing that no applicant would be required to pay the annual asylum fee until September 30, 2025, at the earliest.

Additionally, plaintiffs alleged EOIR has failed to provide applicants with a mechanism to pay the annual asylum fee. Plaintiffs sought to declaratory judgment to vacate the USCIS and EOIR fee policies, an injunction against enforcement of the annual asylum fee for applicants with pre-July 4, 2025, filings, and an order requiring EOIR to provide a lawful payment mechanism and pause all penalties until then, among several other prayers for relief.

On October 7, 2025, Plaintiffs moved for a TRO and a preliminary injunction. Plaintiffs requested the court (1) forbid USCIS and EOIR from requiring asylum seekers who filed their applications on or before July 4, 2025 to pay the annual asylum fee and (2) order USCIS and EOIR to reinstate the applications of any ASAP members who filed applications for asylum on or before July 4, 2025 if their applications had been denied or otherwise rejected for non-payment of the annual asylum fee. Defendants filed a response opposing the motion for a TRO and preliminary injunction on October 20, 2025.

After a motion hearing, the court issued an opinion and order granting and denying in part plaintiffs' motion for a preliminary injunction and a TRO on October 30, 2025. 2025 WL 3029552. Specifically, the court concluded that Plaintiffs had shown a likelihood of success on the merits that USCIS and EOIR acted arbitrarily and capriciously in adopting divergent policies, but also concluded plaintiffs failed to demonstrate a likelihood of success on the merits regarding its retroactivity arguments. In considering the scope of relief, the court concluded that the decision in Trump v. CASA, Inc., limiting universal injunctions, did not apply to relief under the APA. Consequently, the court temporarily stayed USCIS’s notice and EOIR’s contrary memo pursuant to 5 U.S.C. § 705.

Despite the stay, the EOIR Director issued a new policy memorandum on January 2, 2026, instructing EOIR immigration judges to reinstate the annual asylum fee. Immigration judges implementing the January 2 Memorandum required payment of the fee with deadlines requiring payment as early as January 13, 2026. In response, Plaintiffs filed an emergency motion to clarify the court’s stay order granted on October 30, 2025. Plaintiffs asked the court to clarify that under the stay, Defendants “may not implement the annual asylum fee or take adverse action against individuals’ asylum (or Convention Against Torture or withholding from removal) application unless and until the agencies move the Court to lift the stay and Plaintiff has had an opportunity to respond to that motion.” The court denied the request in a January 13, 2026, order, stating that the previous stay only applied to the USCIS’s Federal Register Notice and EOIR’s July 17 Memo. As such, the stay did not apply to the January 2 Memorandum, but the court stated that “[i]f Plaintiff wishes to challenge the January 2 Memo, it may seek leave to amend its complaint.”

On January 16, 2026, the Defendants filed a motion to lift the court’s October 30 stay. The Defendants argued that EOIR’s January 2, 2026, Memorandum brought EOIR and USCIS’s interpretations of the Annual Asylum Fee provision into alignment. Because “the legal basis for the stay was the discrepancy between USCIS and EOIR,” they contended “the basis for the stay no longer exists.”

The Plaintiffs sought leave to amend their complaint, and on January 17, 2026, filed an amended complaint and renewed motion for TRO and preliminary injunction The amended complaint incorporated developments that occurred after the court's October 30, 2025, stay of the asylum fee requirements, such as the EOIR's January 2, 2026 Memorandum that rescinded the prior July 17 Memo and re-implemented the annual asylum fee. The revised filing added two new causes of action challenging EOIR's January 2, 2026 Memorandum that reinstated annual asylum fees and specifically contested the improper application of these fees to withholding of removal and Convention Against Torture protection claims. The amended complaint also added Attorney General Pamela Bondi as a defendant. In their motion, Plaintiffs requested a stay of the January 2 Memo and sought an injunction prohibiting Defendants from “taking any action to enforce the annual asylum fee requirement under 8 U.S.C. § 1808 against any [member of Plaintiff’s organization.”

After a motion hearing, the court issued an order on February 2, 2026, granting Defendant’s motion to lift the October 30 stay, and denied Plaintiff’s motion for a TRO and preliminary injunction. 2026 WL 262552. 

The court concluded that the inconsistency in notice periods between EOIR’s and USCIS’s policies did not render the January 2 Memo arbitrary and capricious because the inconsistency didn’t create the same material problem at issue before the court when it issued the October 30 stay: namely, that “an individual who had complied with one agency’s policy could have been immediately in violation of the other agency’s policy without any opportunity to comply with that policy.” Under the January 2 Memo, an “individual whose application is transferred from USCIS to EOIR now must receive individual notice before he must pay the AAF to EOIR, so no individual who had complied with USCIS’s policy would be immediately in violation of EOIR’s policy upon transfer.” Because the inconsistency no longer existed, the court lifted its October 30 stay of USCIS’s Federal Register Notice.

The case is ongoing.

Summary Authors

Maddy Ligon (11/14/2025)

Madena Mustafa (2/10/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71544005/parties/asylum-seeker-advocacy-project-v-united-states-citizenship-and-immigration/


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Documents in the Clearinghouse

Document
1

1:25-cv-03299

Complaint

Oct. 3, 2025

Oct. 3, 2025

Complaint
29

1:25-cv-03299

Plaintiff's Motion for a Temporary Restraining Order, Preliminary Injunction, and/or Preliminary Relief under 5 U.S.C. § 705

Oct. 7, 2025

Oct. 7, 2025

Pleading / Motion / Brief
42

1:25-cv-03299

Order

Asylum Seeker Advocacy Project v. United States Citizenship and Immigration Services et al.

Oct. 14, 2025

Oct. 14, 2025

Order/Opinion
43

1:25-cv-03299

Defendants’ Opposition To Plaintiff’s Motion For Temporary Restraining Order Or Preliminary Injunction

Asylum Seeker Advocacy Project v. United States Citizenship and Immigration Services et al.

Oct. 20, 2025

Oct. 20, 2025

Pleading / Motion / Brief
55

1:25-cv-03299

Order

Asylum Seeker Advocacy Project v. United States Citizenship and Immigration Services et al.

Oct. 30, 2025

Oct. 30, 2025

Order/Opinion
54

1:25-cv-03299

Memorandum Opinion

Asylum Seeker Advocacy Project v. United States Citizenship and Immigration Services et al.

Oct. 30, 2025

Oct. 30, 2025

Order/Opinion

2025 WL 3029552

94

1:25-cv-03299

[Untitled]

Feb. 2, 2026

Feb. 2, 2026

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71544005/asylum-seeker-advocacy-project-v-united-states-citizenship-and-immigration/

Last updated Feb. 10, 2026, 12:31 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by Asylum Seeker Advocacy Project against All Defendants ( Filing fee $ 405 receipt number AMDDC-12271105.), filed by Asylum Seeker Advocacy Project. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons to DOJ, # 3 Summons Summons to USCIS Dir. Edlow, # 4 Summons Summons to EOIR, # 5 Summons Summons to Acting Dir. EOIR, # 6 Summons Summons to USAO Md., # 7 Summons Summons to USCIS)(Barron, Andrew) (Entered: 10/03/2025)

1 Civil Cover Sheet Civil Cover Sheet

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2 Summons Summons to DOJ

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3 Summons Summons to USCIS Dir. Edlow

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4 Summons Summons to EOIR

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5 Summons Summons to Acting Dir. EOIR

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6 Summons Summons to USAO Md.

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7 Summons Summons to USCIS

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Oct. 3, 2025

Oct. 3, 2025

Clearinghouse
2

Local Rule 103.3 Disclosure Statement by Asylum Seeker Advocacy Project (Barron, Andrew) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

RECAP
3

NOTICE of Appearance by Andrew Barron on behalf of Asylum Seeker Advocacy Project (Barron, Andrew) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

4

MOTION to Appear Pro Hac Vice for Matt Gregory (Filing fee $100, receipt number AMDDC-12272554.) by Asylum Seeker Advocacy Project(Barron, Andrew) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

5

MOTION to Appear Pro Hac Vice for Hayley N. Lawrence (Filing fee $100, receipt number AMDDC-12272635.) by Asylum Seeker Advocacy Project(Barron, Andrew) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

6

MOTION to Appear Pro Hac Vice for T. Hunter Mason (Filing fee $100, receipt number AMDDC-12272644.) by Asylum Seeker Advocacy Project(Barron, Andrew) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

7

MOTION to Appear Pro Hac Vice for Juan Bedoya (Filing fee $100, receipt number AMDDC-12272668.) by Asylum Seeker Advocacy Project(Barron, Andrew) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

8

MOTION to Appear Pro Hac Vice for Conchita Cruz (Filing fee $100, receipt number AMDDC-12272678.) by Asylum Seeker Advocacy Project(Barron, Andrew) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

9

MOTION to Appear Pro Hac Vice for Jessica Hanson (Filing fee $100, receipt number AMDDC-12272699.) by Asylum Seeker Advocacy Project(Barron, Andrew) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

10

MOTION to Appear Pro Hac Vice for Marcela Johnson (Filing fee $100, receipt number AMDDC-12272818.) by Asylum Seeker Advocacy Project(Barron, Andrew) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

11

MOTION to Appear Pro Hac Vice for Leidy Perez (Filing fee $100, receipt number AMDDC-12272862.) by Asylum Seeker Advocacy Project(Barron, Andrew) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

12

QC NOTICE: 4 Motion to Appear Pro Hac Vice filed by Asylum Seeker Advocacy Project needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

13

QC NOTICE: 5 Motion to Appear Pro Hac Vice filed by Asylum Seeker Advocacy Project needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

14

PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice on behalf of T. Hunter Mason. Directing attorney T. Hunter Mason to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 10/6/2025. (mh4s, Deputy Clerk) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

15

QC NOTICE: 7 Motion to Appear Pro Hac Vice filed by Asylum Seeker Advocacy Project needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

16

QC NOTICE: 8 Motion to Appear Pro Hac Vice filed by Asylum Seeker Advocacy Project needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

17

QC NOTICE: 9 Motion to Appear Pro Hac Vice filed by Asylum Seeker Advocacy Project needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

18

QC NOTICE: 10 Motion to Appear Pro Hac Vice filed by Asylum Seeker Advocacy Project needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

19

QC NOTICE: 11 Motion to Appear Pro Hac Vice filed by Asylum Seeker Advocacy Project needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

20

CORRECTED MOTION to Appear Pro Hac Vice for Matt Gregory by Asylum Seeker Advocacy Project. The fee has already been paid.(Barron, Andrew) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

21

CORRECTED MOTION to Appear Pro Hac Vice for Hayley N. Lawrence by Asylum Seeker Advocacy Project. The fee has already been paid.(Barron, Andrew) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

22

CORRECTED MOTION to Appear Pro Hac Vice for Juan Bedoya by Asylum Seeker Advocacy Project. The fee has already been paid.(Barron, Andrew) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

23

CORRECTED MOTION to Appear Pro Hac Vice for Conchita Cruz by Asylum Seeker Advocacy Project. The fee has already been paid.(Barron, Andrew) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

24

CORRECTED MOTION to Appear Pro Hac Vice for Jessica Hanson by Asylum Seeker Advocacy Project. The fee has already been paid.(Barron, Andrew) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

25

CORRECTED MOTION to Appear Pro Hac Vice for Marcela Johnson by Asylum Seeker Advocacy Project. The fee has already been paid.(Barron, Andrew) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

26

CORRECTED MOTION to Appear Pro Hac Vice for Leidy Perez by Asylum Seeker Advocacy Project. The fee has already been paid.(Barron, Andrew) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

27

Summons Issued 60 days as to Joseph B. Edlow, Executive Office for Immigration Review, Sirce E. Owen, United States Citizenship and Immigration Services, U.S. Attorney and U.S. Attorney General(heps, Deputy Clerk) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

RECAP
28

NOTICE of Appearance by Rachel Eleanor Schwab on behalf of Asylum Seeker Advocacy Project (Schwab, Rachel) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

29

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Asylum Seeker Advocacy Project (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declaration of Swapna Reddy, # 3 Exhibit Ex. A - USCIS Questionnaire, # 4 Exhibit Ex. B - USCIS Fee Schedule, # 5 Exhibit Ex. C - Error Message USCIS, # 6 Exhibit Ex. D - EOIR Portal, # 7 Exhibit Ex. E - EOIR Dropdown, # 8 Exhibit Ex. F - Asylum-Seekers in Panic, # 9 Exhibit Ex. G - EOIR Payment Portal Receipt for Initial Asylum Fee, # 10 Text of Proposed Order)(Barron, Andrew) (Entered: 10/07/2025)

1 Memorandum in Support

View on RECAP

2 Exhibit Declaration of Swapna Reddy

View on PACER

3 Exhibit Ex. A - USCIS Questionnaire

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4 Exhibit Ex. B - USCIS Fee Schedule

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5 Exhibit Ex. C - Error Message USCIS

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6 Exhibit Ex. D - EOIR Portal

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7 Exhibit Ex. E - EOIR Dropdown

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8 Exhibit Ex. F - Asylum-Seekers in Panic

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9 Exhibit Ex. G - EOIR Payment Portal Receipt for Initial Asylum Fee

View on PACER

10 Text of Proposed Order

View on PACER

Oct. 7, 2025

Oct. 7, 2025

Clearinghouse
30

PAPERLESS ORDER granting 20 Corrected Motion to Appear Pro Hac Vice on behalf of Matt Gregory. Directing attorney Matt Gregory to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 10/8/2025. (mh4s, Deputy Clerk) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

31

PAPERLESS ORDER granting 21 Corrected Motion to Appear Pro Hac Vice on behalf of Hayley N. Lawrence. Directing attorney Hayley N. Lawrence to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 10/8/2025. (mh4s, Deputy Clerk) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

32

PAPERLESS ORDER granting 22 Corrected Motion to Appear Pro Hac Vice on behalf of Juan Bedoya. Directing attorney Juan Bedoya to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 10/8/2025. (mh4s, Deputy Clerk) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

33

PAPERLESS ORDER granting 23 Corrected Motion to Appear Pro Hac Vice on behalf of Conchita Cruz. Directing attorney Conchita Cruz to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 10/8/2025. (mh4s, Deputy Clerk) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

34

PAPERLESS ORDER granting 24 Corrected Motion to Appear Pro Hac Vice on behalf of Jessica Hanson. Directing attorney Jessica Hanson to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 10/8/2025. (mh4s, Deputy Clerk) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

35

PAPERLESS ORDER granting 25 Corrected Motion to Appear Pro Hac Vice on behalf of Marcela Johnson. Directing attorney Marcela Johnson to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 10/8/2025. (mh4s, Deputy Clerk) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

36

PAPERLESS ORDER granting 26 Corrected Motion to Appear Pro Hac Vice on behalf of Leidy Perez. Directing attorney Leidy Perez to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 10/8/2025. (mh4s, Deputy Clerk) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

37

CERTIFICATE OF SERVICE by Asylum Seeker Advocacy Project re 29 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Barron, Andrew) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

RECAP
38

MOTION to Appear Pro Hac Vice for Susan M. Pelletier (Filing fee $100, receipt number AMDDC-12279006.) by Asylum Seeker Advocacy Project(Barron, Andrew) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

39

PAPERLESS ORDER granting 38 Motion to Appear Pro Hac Vice on behalf of Susan M. Pelletier. Directing attorney Susan M. Pelletier to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 10/9/2025. (mh4s, Deputy Clerk) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

40

Joint MOTION Order Concerning Briefing Schedule by Asylum Seeker Advocacy Project (Attachments: # 1 Text of Proposed Order)(Barron, Andrew) (Entered: 10/13/2025)

Oct. 13, 2025

Oct. 13, 2025

RECAP
41

NOTICE of Appearance by Zareen Iqbal on behalf of Joseph B. Edlow, Executive Office for Immigration Review, Sirce E. Owen, United States Citizenship and Immigration Services (Iqbal, Zareen) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

42

ORDER granting 40 Joint MOTION Order Concerning Briefing Schedule. Signed by Judge Stephanie A. Gallagher on 10/14/2025. (ybs, Deputy Clerk) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

Clearinghouse
43

RESPONSE in Opposition re 29 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Joseph B. Edlow, Executive Office for Immigration Review, Sirce E. Owen, United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Text of Proposed Order)(Iqbal, Zareen) (Entered: 10/20/2025)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Text of Proposed Order

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Oct. 20, 2025

Oct. 20, 2025

Clearinghouse
44

NOTICE by Joseph B. Edlow, Executive Office for Immigration Review, Sirce E. Owen, United States Citizenship and Immigration Services re 43 Response in Opposition to Motion, of Corrected Filing (Attachments: # 1 Exhibit Declaration of Daren Margolin)(Iqbal, Zareen) (Entered: 10/21/2025)

Oct. 21, 2025

Oct. 21, 2025

RECAP
45

REPLY to Response to Motion re 29 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Asylum Seeker Advocacy Project. (Attachments: # 1 Attachment Reddy Suppl. Declaration, # 2 Exhibit H - 2025.09.11_AAF USCIS FOIA, # 3 Exhibit I - 2025.09.11_AAF EOIR FOIA, # 4 Exhibit J - 2025.09.25_Broader Fees FOIA (USCIS and EOIR), # 5 Exhibit K - IJ Orders, # 6 Exhibit L - Lawfully Newsletter, # 7 Exhibit M - I-797- Notice of Action - AAF Notice, # 8 Exhibit N - USCIS AAF Payment, # 9 Exhibit O - USCIS Portal Notice, # 10 Exhibit P - Politico Article, # 11 Exhibit Q - Richard USCIS Questionnaire Page, # 12 Exhibit R - Richard's USCIS Questionnaire Confirmation Page, # 13 Exhibit S - Richard USCIS Questionnaire Msg After Pmt, # 14 Exhibit T - Jeff AAF Questionnaire Screenshot, # 15 Attachment Nice Declaration, # 16 Exhibit 1 to Nice Decl)(Barron, Andrew) (Entered: 10/23/2025)

Oct. 23, 2025

Oct. 23, 2025

RECAP
46

QC NOTICE: 45 Reply to Response to Motion,,, filed by Asylum Seeker Advocacy Project was filed incorrectly. **Unredacted version of redacted documents are required. Please file using the event "Unredacted Document". (ybs, Deputy Clerk) (Entered: 10/27/2025)

Oct. 27, 2025

Oct. 27, 2025

47

NOTICE by Asylum Seeker Advocacy Project re 46 QC Notice - Miscellaneous, Notice Concerning Redacted Exhibits (Attachments: # 1 Attachment Second Suppl. Reddy Decl., # 2 Attachment Perez Decl.)(Barron, Andrew) (Entered: 10/27/2025)

Oct. 27, 2025

Oct. 27, 2025

48

Motion Hearing held on 10/28/2025 re 29 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Asylum Seeker Advocacy Project before Judge Stephanie A. Gallagher. (Russell Carrick - Courtroom 7C)(Court Reporter: Patricia Mitchell) (rc2s, Deputy Clerk) (Entered: 10/28/2025)

Oct. 28, 2025

Oct. 28, 2025

49

PAPERLESS ORDER: Counsel for Defendants represented at yesterday's motions hearing that certain information would be provided by the end of the day, but the Court has not received additional information. The information discussed at the hearing should be provided no later than 12 pm today. Signed by Judge Stephanie A. Gallagher on 10/29/2025. (Gallagher, Stephanie) (Entered: 10/29/2025)

Oct. 29, 2025

Oct. 29, 2025

50

NOTICE by Joseph B. Edlow, Executive Office for Immigration Review, Sirce E. Owen, United States Citizenship and Immigration Services in Response to Order (Attachments: # 1 Attachment, # 2 Attachment)(Iqbal, Zareen) (Entered: 10/29/2025)

2

View on RECAP

Oct. 29, 2025

Oct. 29, 2025

51

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Motions Hearing held on 10/28/2025, before Judge Stephanie A. Gallagher. Court Reporter Patricia G. Mitchell, trish_mitchell@mdd.uscourts.gov. Total number of pages filed: 64. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 11/19/2025. Redacted Transcript Deadline set for 12/1/2025. Release of Transcript Restriction set for 1/27/2026. (Entered: 10/29/2025)

Oct. 29, 2025

Oct. 29, 2025

52

RESPONSE re 50 Notice (Other) filed by Asylum Seeker Advocacy Project.(Barron, Andrew) (Entered: 10/29/2025)

Oct. 29, 2025

Oct. 29, 2025

RECAP
53

NOTICE by Joseph B. Edlow, Executive Office for Immigration Review, Sirce E. Owen, United States Citizenship and Immigration Services in Response to Order (Supp) (Iqbal, Zareen) (Entered: 10/29/2025)

Oct. 29, 2025

Oct. 29, 2025

54

MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 10/30/2025. (ybs, Deputy Clerk)

Oct. 30, 2025

Oct. 30, 2025

Clearinghouse
55

ORDER granting in part and denying in part 29 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction. Signed by Judge Stephanie A. Gallagher on 10/30/2025. (ybs, Deputy Clerk) (Entered: 10/30/2025)

Oct. 30, 2025

Oct. 30, 2025

Clearinghouse
56

SUMMONS Returned Executed by Asylum Seeker Advocacy Project. Joseph B. Edlow served on 10/10/2025, answer due 12/9/2025; Executive Office for Immigration Review served on 10/16/2025, answer due 12/15/2025; Sirce E. Owen served on 10/8/2025, answer due 12/8/2025; United States Citizenship and Immigration Services served on 10/10/2025, answer due 12/9/2025. (Attachments: # 1 Exhibit Ex. A)(Barron, Andrew) (Entered: 10/31/2025)

Oct. 31, 2025

Oct. 31, 2025

57

NOTICE of Appearance by Cesar Azrak on behalf of All Defendants (Azrak, Cesar) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

58

MOTION to Withdraw as Attorney by Joseph B. Edlow, Executive Office for Immigration Review, Sirce E. Owen, United States Citizenship and Immigration Services (Attachments: # 1 Text of Proposed Order)(Iqbal, Zareen) (Entered: 11/23/2025)

Nov. 23, 2025

Nov. 23, 2025

59

ORDER granting 58 Motion to Withdraw as Attorney. Attorney Zareen Iqbal terminated. Signed by Judge Stephanie A. Gallagher on 11/24/2025. (bw5s, Deputy Clerk) (Entered: 11/24/2025)

Nov. 24, 2025

Nov. 24, 2025

60

MOTION for Extension of Time by Joseph B. Edlow, Executive Office for Immigration Review, Sirce E. Owen, United States Citizenship and Immigration Services (Attachments: # 1 Proposed Order)(Azrak, Cesar) (Entered: 11/25/2025)

Nov. 25, 2025

Nov. 25, 2025

61

ORDER granting 60 Defendants' Motion for Extension of Time. Signed by Judge Stephanie A. Gallagher on 11/26/2025. (ols, Deputy Clerk) (Entered: 11/26/2025)

Nov. 26, 2025

Nov. 26, 2025

62

MOTION to Withdraw as Attorney by Asylum Seeker Advocacy Project(Lawrence, Hayley) (Entered: 12/29/2025)

Dec. 29, 2025

Dec. 29, 2025

63

ORDER granting 62 Motion to Withdraw as Attorney. Attorney Hayley N. Lawrence terminated. Signed by Judge Stephanie A. Gallagher on 1/5/2026. (bg3s, Deputy Clerk) (Entered: 01/05/2026)

Jan. 5, 2026

Jan. 5, 2026

64

Emergency MOTION to Stay Clarify by Asylum Seeker Advocacy Project (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Attachment Declaration of Sarah Kate Heilbrun, # 3 Attachment Heilbrun Decl. Ex. 1 ECAS Email, # 4 Attachment Heilbrun Decl. Ex. 2 IJ AAF Order, # 5 Attachment Declaration of Aliya Karmali, # 6 Attachment Karmali Decl. Ex. 1 ECAS Email, # 7 Attachment Karmali Decl. Ex. 2 IJ AAF Order, # 8 Attachment Declaration of Kjerstin Lewis Shukla, # 9 Attachment Declaration of Irene Freidel)(Barron, Andrew) (Entered: 01/12/2026)

1

View on RECAP

Jan. 12, 2026

Jan. 12, 2026

RECAP
65

NOTICE by Asylum Seeker Advocacy Project Notice of Change in Contact Information (Barron, Andrew) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

66

ORDER directing the Government to respond by 5:00 p.m. today, January 12, 2026 re 64 Emergency MOTION to Clarify Stay filed by Asylum Seeker Advocacy Project. Signed by Judge Stephanie A. Gallagher on 1/12/2026. (ybs, Deputy Clerk) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

67

NOTICE of Appearance by Elizabeth Themins Hedges on behalf of All Defendants (Hedges, Elizabeth) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

68

RESPONSE to Motion re 64 Emergency MOTION to Stay Clarify filed by Joseph B. Edlow, Executive Office for Immigration Review, Sirce E. Owen, United States Citizenship and Immigration Services.(Hedges, Elizabeth) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

69

REPLY to Response to Motion re 64 Emergency MOTION to Stay Clarify filed by Asylum Seeker Advocacy Project.(Barron, Andrew) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

RECAP
70

LETTER ORDER denying 64 Emergency MOTION to Clarify Stay. Signed by Judge Stephanie A. Gallagher on 1/13/2026. (ybs, Deputy Clerk) (Entered: 01/13/2026)

Jan. 13, 2026

Jan. 13, 2026

RECAP
71

MOTION re 55 Order on Motion for TRO, Order on Motion for Preliminary Injunction, 54 Memorandum Opinion Motion to Lift Stay by Joseph B. Edlow, Executive Office for Immigration Review, Sirce E. Owen, United States Citizenship and Immigration Services (Attachments: # 1 Exhibit PM 26-01, # 2 Text of Proposed Order Proposed Order)(Hedges, Elizabeth) (Entered: 01/16/2026)

1 Exhibit PM 26-01

View on PACER

2 Text of Proposed Order Proposed Order

View on PACER

Jan. 16, 2026

Jan. 16, 2026

RECAP
72

AMENDED COMPLAINT against All Defendants, filed by Asylum Seeker Advocacy Project. (Attachments: # 1 Redline, # 2 Summons to Attorney General Bondi, # 3 Summons to DOJ, # 4 Summons to USAO Md.)(Barron, Andrew) (Entered: 01/17/2026)

1 Redline

View on PACER

2 Summons to Attorney General Bondi

View on PACER

3 Summons to DOJ

View on PACER

4 Summons to USAO Md.

View on PACER

Jan. 17, 2026

Jan. 17, 2026

RECAP
73

Emergency MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Asylum Seeker Advocacy Project (Attachments: # 1 Memorandum in Support and Opposition to Motion to Lift Stay, ECF 71, # 2 Text of Proposed Order, # 3 Exhibit Torres Declaration, # 4 Exhibit Reddy Third Supplemental Declaration, # 5 Exhibit Rubenstein Declaration, # 6 Exhibit Ex. 1 to Rubenstein Declaration, # 7 Exhibit Ex. 2 to Rubenstein Declaration, # 8 Exhibit Nice Supplemental Declaration, # 9 Exhibit Ex. 1 to Nice Supplemental Declaration, # 10 Exhibit Ex. 2 to Nice Supplemental Declaration)(Barron, Andrew) (Entered: 01/18/2026)

1

View on RECAP

Jan. 17, 2026

Jan. 17, 2026

74

ORDER regarding briefing schedule to Plaintiff's Motion for Temporary Restraining Order, Preliminary Injunction and pending Motion to Lift Stay. Signed by Judge Stephanie A. Gallagher on 1/20/2026. (heps, Deputy Clerk) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

RECAP
75

MOTION for Extension of Time to File Response/Reply as to 73 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Pamela Bondi, Joseph B. Edlow, Executive Office for Immigration Review, Sirce E. Owen, United States Citizenship and Immigration Services (Attachments: # 1 Text of Proposed Order)(Hedges, Elizabeth) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

76

MOTION to Appear Pro Hac Vice for Eric Brooks (Filing fee $100, receipt number AMDDC-12480887.) by Asylum Seeker Advocacy Project(Barron, Andrew) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

77

ORDER granting 75 Motion for Extension of Time to File Response/Reply. Signed by Judge Stephanie A. Gallagher on 1/20/2026. (ybs, Deputy Clerk) (Entered: 01/21/2026)

Jan. 21, 2026

Jan. 21, 2026

78

Summons Issued 60 days as to Pamela Bondi, United States Citizenship and Immigration Services, U.S. Attorney and U.S. Attorney General(ybs, Deputy Clerk) (Entered: 01/21/2026)

Jan. 21, 2026

Jan. 21, 2026

79

PAPERLESS ORDER granting 76 Motion to Appear Pro Hac Vice on behalf of Eric Brooks. Directing attorney Eric Brooks to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 1/21/2026. (sj4s, Deputy Clerk) (Entered: 01/21/2026)

Jan. 21, 2026

Jan. 21, 2026

80

REPLY to Response to Motion re 71 MOTION re 55 Order on Motion for TRO, Order on Motion for Preliminary Injunction, 54 Memorandum Opinion Motion to Lift Stay, 73 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Reply in support of motion to lift stay and response in opposition to motion for preliminary relief filed by Pamela Bondi, Joseph B. Edlow, Executive Office for Immigration Review, Sirce E. Owen, United States Citizenship and Immigration Services. (Attachments: # 1 Text of Proposed Order)(Hedges, Elizabeth) (Entered: 01/23/2026)

Jan. 23, 2026

Jan. 23, 2026

81

REPLY to Response to Motion re 71 MOTION re 55 Order on Motion for TRO, Order on Motion for Preliminary Injunction, 54 Memorandum Opinion Motion to Lift Stay, 73 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction CORRECTED reply in support of motion to lift stay and response in opposition to motion for preliminary relief filed by Pamela Bondi, Joseph B. Edlow, Executive Office for Immigration Review, Sirce E. Owen, United States Citizenship and Immigration Services.(Hedges, Elizabeth) (Entered: 01/23/2026)

Jan. 23, 2026

Jan. 23, 2026

RECAP
82

REPLY to Response to Motion re 73 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Asylum Seeker Advocacy Project. (Attachments: # 1 Attachment Reddy 4th Supp. Decl., # 2 Attachment Bah Decl., # 3 Attachment McShiras Decl.)(Barron, Andrew) (Entered: 01/26/2026)

Jan. 26, 2026

Jan. 26, 2026

RECAP
83

NOTICE by Asylum Seeker Advocacy Project (Attachments: # 1 Attachment Reddy 5th Supp. Decl., # 2 Exhibit Ex. 1 Same-Day AAF Order, # 3 Exhibit Ex. 2 Two-Day AAF Order)(Barron, Andrew) (Entered: 01/28/2026)

Jan. 28, 2026

Jan. 28, 2026

RECAP
84

Motion Hearing held on 1/28/2026 re 71 MOTION re 55 Order on Motion for TRO, Order on Motion for Preliminary Injunction, 54 Memorandum Opinion Motion to Lift Stay filed by Joseph B. Edlow, United States Citizenship and Immigration Services, Sirce E. Owen, Executive Office for Immigration Review, 73 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Asylum Seeker Advocacy Project before Judge Stephanie A. Gallagher.(Court Reporter: Trish Mitchell) (dg4s, Deputy Clerk) (Entered: 01/28/2026)

Jan. 28, 2026

Jan. 28, 2026

85

NOTICE by Pamela Bondi, United States Citizenship and Immigration Services Notice by Defendants of Filing of Declaration (Attachments: # 1 Affidavit)(Hedges, Elizabeth) (Entered: 01/29/2026)

1

View on RECAP

Jan. 29, 2026

Jan. 29, 2026

RECAP
86

NOTICE by Pamela Bondi, United States Citizenship and Immigration Services Notice by Defendants and declaration (Attachments: # 1 Affidavit)(Hedges, Elizabeth) (Entered: 01/29/2026)

Jan. 29, 2026

Jan. 29, 2026

87

NOTICE by Pamela Bondi, United States Citizenship and Immigration Services Notice by Defendants EOIR and USCIS (Hedges, Elizabeth) (Entered: 01/29/2026)

Jan. 29, 2026

Jan. 29, 2026

88

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Motions Hearing held on 1/28/2026, before Judge Stephanie A. Gallagher. Court Reporter Patricia G. Mitchell, trish_mitchell@mdd.uscourts.gov. Total number of pages filed: 97. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 2/19/2026. Redacted Transcript Deadline set for 3/2/2026. Release of Transcript Restriction set for 4/29/2026. (Entered: 01/29/2026)

Jan. 29, 2026

Jan. 29, 2026

89

RESPONSE re 85 Notice (Other), 87 Notice (Other), 86 Notice (Other) filed by Asylum Seeker Advocacy Project.(Barron, Andrew) (Entered: 01/30/2026)

Jan. 30, 2026

Jan. 30, 2026

90

NOTICE by Pamela Bondi, United States Citizenship and Immigration Services Notice by Defendants regarding response (Hedges, Elizabeth) (Entered: 01/30/2026)

Jan. 30, 2026

Jan. 30, 2026

RECAP
91

RESPONSE re 89 Response Reply to Plaintiff's Response filed by Pamela Bondi, Joseph B. Edlow, Executive Office for Immigration Review, Sirce E. Owen, United States Citizenship and Immigration Services.(Hedges, Elizabeth) (Entered: 01/30/2026)

Jan. 30, 2026

Jan. 30, 2026

92

MOTION for Extension of Time to respond to Amended Complaint by Pamela Bondi, Joseph B. Edlow, Executive Office for Immigration Review, Sirce E. Owen, United States Citizenship and Immigration Services (Attachments: # 1 Text of Proposed Order)(Hedges, Elizabeth) (Entered: 01/30/2026)

Jan. 30, 2026

Jan. 30, 2026

RECAP
93

ORDER granting 92 MOTION for Extension of Time to respond to Amended Complaint. Signed by Judge Stephanie A. Gallagher on 2/2/2026. (ybs, Deputy Clerk) (Entered: 02/02/2026)

Feb. 2, 2026

Feb. 2, 2026

RECAP
94

MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 2/2/2026. (ybs, Deputy Clerk)

Feb. 2, 2026

Feb. 2, 2026

Clearinghouse
95

ORDER granting 71 MOTION re 55 Order on Motion for TRO ; denying 73 Emergency MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction. Signed by Judge Stephanie A. Gallagher on 2/2/2026. (ybs, Deputy Clerk) (Entered: 02/02/2026)

Feb. 2, 2026

Feb. 2, 2026

Case Details

State / Territory:

Maryland

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: Oct. 3, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A national nonprofit membership organization supporting over 500,000 asylum seekers.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Citizenship and Immigration Services (- United States (national) -), Federal

Jospeh B. Edlow (- United States (national) -), Federal

Executive Office for Immigration Review (- United States (national) -), Federal

Sirce E. Owen (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Other Dockets:

District of Maryland 1:25-cv-03299

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

Immigration/Border:

Asylum - procedure