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

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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…

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-executive-office-for-immigration-review/

Judge(s)

Attorney for Plaintiff

Barron, Andrew (Maryland)

Bedoya, Juan Esteban (Maryland)

Brooks, Eric (Maryland)

Cruz, Conchita (Maryland)

Attorney for Defendant

Azrak, Cesar (Maryland)

Judge(s)

Gallagher, Stephanie A. (Maryland)

Attorney for Plaintiff

Barron, Andrew (Maryland)

Bedoya, Juan Esteban (Maryland)

Brooks, Eric (Maryland)

Cruz, Conchita (Maryland)

Gregory, Matt (Maryland)

Hanson, Jessica (Maryland)

Johnson, Marcela X. (Maryland)

Lawrence, Hayley N. (Maryland)

Mason, T. Hunter (Maryland)

Pelletier, Susan M. (Maryland)

Perez, Leidy (Maryland)

Schwab, Rachel Eleanor (Maryland)

Attorney for Defendant

Azrak, Cesar (Maryland)

Hedges, Elizabeth Themins (Maryland)

Iqbal, Zareen (Maryland)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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
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
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
94 1:25-cv-03299	Memorandum Opinion	Feb. 2, 2026	Feb. 2, 2026 Order/Opinion 2026 WL 262552

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/71544005/asylum-seeker-advocacy-project-v-executive-office-for-immigration-review/

Last updated July 22, 2026, 3:51 a.m.

ECF Number	Date	Description	Link
1	Oct. 3, 2025	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 View on PACER 2 Summons Summons to DOJ View on PACER 3 Summons Summons to USCIS Dir. Edlow View on PACER 4 Summons Summons to EOIR View on PACER 5 Summons Summons to Acting Dir. EOIR View on PACER 6 Summons Summons to USAO Md. View on PACER 7 Summons Summons to USCIS View on PACER	Clearinghouse
2	Oct. 3, 2025	Local Rule 103.3 Disclosure Statement by Asylum Seeker Advocacy Project (Barron, Andrew) (Entered: 10/03/2025)	RECAP
3	Oct. 3, 2025	NOTICE of Appearance by Andrew Barron on behalf of Asylum Seeker Advocacy Project (Barron, Andrew) (Entered: 10/03/2025)	RECAP
4	Oct. 6, 2025	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)	RECAP
5	Oct. 6, 2025	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)	RECAP
6	Oct. 6, 2025	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)	RECAP
7	Oct. 6, 2025	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)	RECAP
8	Oct. 6, 2025	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)	RECAP
9	Oct. 6, 2025	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)	RECAP
10	Oct. 6, 2025	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)	RECAP
11	Oct. 6, 2025	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)	RECAP
12	Oct. 6, 2025	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)	RECAP
13	Oct. 6, 2025	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)	RECAP
14	Oct. 6, 2025	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)	RECAP
15	Oct. 6, 2025	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)	RECAP
16	Oct. 6, 2025	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)	RECAP
17	Oct. 6, 2025	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)	RECAP
18	Oct. 6, 2025	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)	RECAP
19	Oct. 6, 2025	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)	RECAP
20	Oct. 6, 2025	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)	RECAP
21	Oct. 6, 2025	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)	RECAP
22	Oct. 6, 2025	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)	RECAP
23	Oct. 6, 2025	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)	RECAP
24	Oct. 6, 2025	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)	RECAP
25	Oct. 6, 2025	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)	RECAP
26	Oct. 6, 2025	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)	RECAP
27	Oct. 6, 2025	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)	RECAP
28	Oct. 6, 2025	NOTICE of Appearance by Rachel Eleanor Schwab on behalf of Asylum Seeker Advocacy Project (Schwab, Rachel) (Entered: 10/06/2025)	RECAP
29	Oct. 7, 2025	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 View on PACER 4 Exhibit Ex. B - USCIS Fee Schedule View on PACER 5 Exhibit Ex. C - Error Message USCIS View on PACER 6 Exhibit Ex. D - EOIR Portal View on PACER 7 Exhibit Ex. E - EOIR Dropdown View on PACER 8 Exhibit Ex. F - Asylum-Seekers in Panic View on PACER 9 Exhibit Ex. G - EOIR Payment Portal Receipt for Initial Asylum Fee View on PACER 10 Text of Proposed Order View on PACER	Clearinghouse
30	Oct. 8, 2025	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)	RECAP
31	Oct. 8, 2025	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)	RECAP
32	Oct. 8, 2025	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)	RECAP
33	Oct. 8, 2025	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)	RECAP
34	Oct. 8, 2025	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)	RECAP
35	Oct. 8, 2025	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)	RECAP
36	Oct. 8, 2025	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)	RECAP
37	Oct. 8, 2025	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)	RECAP
38	Oct. 8, 2025	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)	RECAP
39	Oct. 9, 2025	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)	RECAP
40	Oct. 13, 2025	Joint MOTION Order Concerning Briefing Schedule by Asylum Seeker Advocacy Project (Attachments: # 1 Text of Proposed Order)(Barron, Andrew) (Entered: 10/13/2025)	RECAP
41	Oct. 14, 2025	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)	RECAP
42	Oct. 14, 2025	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)	Clearinghouse
43	Oct. 20, 2025	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 View on PACER 2 Exhibit Exhibit 2 View on PACER 3 Exhibit Exhibit 3 View on PACER 4 Text of Proposed Order View on PACER	Clearinghouse
44	Oct. 21, 2025	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)	RECAP
45	Oct. 23, 2025	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)	RECAP
46	Oct. 27, 2025	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)	RECAP
47	Oct. 27, 2025	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)	RECAP
48	Oct. 28, 2025	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)	RECAP
49	Oct. 29, 2025	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)	RECAP
50	Oct. 29, 2025	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	RECAP
51	Oct. 29, 2025	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)	RECAP
52	Oct. 29, 2025	RESPONSE re 50 Notice (Other) filed by Asylum Seeker Advocacy Project.(Barron, Andrew) (Entered: 10/29/2025)	RECAP
53	Oct. 29, 2025	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)	RECAP
54	Oct. 30, 2025	MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 10/30/2025. (ybs, Deputy Clerk)	Clearinghouse
55	Oct. 30, 2025	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)	Clearinghouse
56	Oct. 31, 2025	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)	RECAP
57	Nov. 14, 2025	NOTICE of Appearance by Cesar Azrak on behalf of All Defendants (Azrak, Cesar) (Entered: 11/14/2025)	RECAP
58	Nov. 23, 2025	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)	RECAP
59	Nov. 24, 2025	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)	RECAP
60	Nov. 25, 2025	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)	RECAP
61	Nov. 26, 2025	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)	RECAP
62	Dec. 29, 2025	MOTION to Withdraw as Attorney by Asylum Seeker Advocacy Project(Lawrence, Hayley) (Entered: 12/29/2025)	RECAP
63	Jan. 5, 2026	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)	RECAP
64	Jan. 12, 2026	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	RECAP
65	Jan. 12, 2026	NOTICE by Asylum Seeker Advocacy Project Notice of Change in Contact Information (Barron, Andrew) (Entered: 01/12/2026)	RECAP
66	Jan. 12, 2026	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)	RECAP
67	Jan. 12, 2026	NOTICE of Appearance by Elizabeth Themins Hedges on behalf of All Defendants (Hedges, Elizabeth) (Entered: 01/12/2026)	RECAP
68	Jan. 12, 2026	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)	RECAP
69	Jan. 12, 2026	REPLY to Response to Motion re 64 Emergency MOTION to Stay Clarify filed by Asylum Seeker Advocacy Project.(Barron, Andrew) (Entered: 01/12/2026)	RECAP
70	Jan. 13, 2026	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)	RECAP
71	Jan. 16, 2026	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	RECAP
72	Jan. 17, 2026	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	RECAP
73	Jan. 17, 2026	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	RECAP
74	Jan. 20, 2026	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)	RECAP
75	Jan. 20, 2026	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)	RECAP
76	Jan. 20, 2026	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)	RECAP
77	Jan. 21, 2026	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)	RECAP
78	Jan. 21, 2026	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)	RECAP
79	Jan. 21, 2026	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)	RECAP
80	Jan. 23, 2026	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)	RECAP
81	Jan. 23, 2026	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)	RECAP
82	Jan. 26, 2026	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)	RECAP
83	Jan. 28, 2026	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)	RECAP
84	Jan. 28, 2026	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)	RECAP
85	Jan. 29, 2026	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	RECAP
86	Jan. 29, 2026	NOTICE by Pamela Bondi, United States Citizenship and Immigration Services Notice by Defendants and declaration (Attachments: # 1 Affidavit)(Hedges, Elizabeth) (Entered: 01/29/2026)	RECAP
87	Jan. 29, 2026	NOTICE by Pamela Bondi, United States Citizenship and Immigration Services Notice by Defendants EOIR and USCIS (Hedges, Elizabeth) (Entered: 01/29/2026)	RECAP
88	Jan. 29, 2026	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)	RECAP
89	Jan. 30, 2026	RESPONSE re 85 Notice (Other), 87 Notice (Other), 86 Notice (Other) filed by Asylum Seeker Advocacy Project.(Barron, Andrew) (Entered: 01/30/2026)	RECAP
90	Jan. 30, 2026	NOTICE by Pamela Bondi, United States Citizenship and Immigration Services Notice by Defendants regarding response (Hedges, Elizabeth) (Entered: 01/30/2026)	RECAP
91	Jan. 30, 2026	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)	RECAP
92	Jan. 30, 2026	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)	RECAP
93	Feb. 2, 2026	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)	RECAP
94	Feb. 2, 2026	MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 2/2/2026. (ybs, Deputy Clerk)	Clearinghouse
95	Feb. 2, 2026	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)	RECAP
96	Feb. 5, 2026	MOTION to Withdraw as Attorney T. Hunter Mason by Asylum Seeker Advocacy Project(Barron, Andrew) (Entered: 02/05/2026)	RECAP
97	Feb. 9, 2026	PAPERLESS ORDER granting 96 Motion to Withdraw as Attorney. Attorney T. Hunter Mason terminated. Signed by Judge Stephanie A. Gallagher on 2/9/2026. (jmhs, Chambers) (Entered: 02/09/2026)	RECAP
98	Feb. 12, 2026	MOTION to Set Deadlines for Certifying the Administrative Records and Briefing on Dispositive Motions by Asylum Seeker Advocacy Project (Attachments: # 1 Attachment Proposed Order)(Barron, Andrew) (Entered: 02/12/2026)	RECAP
99	Feb. 17, 2026	MOTION to Dismiss under Rules 12(b)(1) and 12(b)(6) 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: 02/17/2026)	RECAP
100	Feb. 20, 2026	MOTION for Extension of Time to Respond to Defendants Motion to Dismiss by Asylum Seeker Advocacy Project (Attachments: # 1 Attachment Proposed Order)(Barron, Andrew) (Entered: 02/20/2026)	RECAP

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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

Immigration Enforcement

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

Federal

Executive Office for Immigration Review

Jospeh B. Edlow

Sirce E. Owen

United States Citizenship and Immigration Services

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

Recommended Citation

Case Summary of Asylum Seeker Advocacy Project v. United States Citizenship and Immigration Services, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47060/ (last updated 2/10/2026).