Case: CLEAR Clinic v. Noem

6:25-cv-01906 | U.S. District Court for the District of Oregon

Filed Date: Oct. 16, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 16, 2025, CLEAR Clinic - a nonprofit which provides free, barrier-reducing legal services to Oregonians in the practice areas of immigration justice, housing justice, and court record relief - filed this lawsuit in U.S. District Court for the District of Oregon to challenge deportation practices in the Willamette Valley undertaken in support of deportation quotas. Plaintiffs named Kristi Noem, the Department of Homeland Security, and several other federal agencies and officials as de…

On October 16, 2025, CLEAR Clinic - a nonprofit which provides free, barrier-reducing legal services to Oregonians in the practice areas of immigration justice, housing justice, and court record relief - filed this lawsuit in U.S. District Court for the District of Oregon to challenge deportation practices in the Willamette Valley undertaken in support of deportation quotas. Plaintiffs named Kristi Noem, the Department of Homeland Security, and several other federal agencies and officials as defendants. They alleged that Defendants' mass deportations violated the Fifth Amendment right to counsel, First Amendment right to hire and consult with counsel, and the ultra vires doctrine under the APA. Plaintiffs sought declaratory and injunctive relief enjoining further violations of Plaintiffs’ rights by requiring Defendants to provide meaningful access to counsel for individuals held in their civil immigration custody before transferring such individuals outside of the District of Oregon. The case was assigned to Judge Ann Aiken.

That same day, Plaintiffs filed a motion for a temporary restraining order (TRO) to enjoin Defendants from transferring any individual who (1) was apprehended by Defendants without a valid judicial warrant and taken into civil immigration custody in the District of Oregon on or after October 15, 2025, and (2) had not knowingly and affirmatively waived in writing their right to an attorney. Plaintiffs requested that defendants be immediately enjoined for three business days. Additionally, Plaintiffs requested an expedited hearing to be set on October 21, 2025.

On October 29, 2025, Judge Aiken denied the TRO. The court found that Defendants had proffered sufficient evidence to establish doubt as to Plaintiffs' success on the merits, ruling that the Ninth Circuit cautions mandatory injunctions in such circumstances. Plaintiffs were asked to submit a renewed motion for TRO addressing Defendants' evidence and testimony, with a new hearing set for December 12, 2025.

This case is ongoing.

 

Summary Authors

Ben Hefter (11/10/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71668495/parties/clear-clinic-v-noem/


Judge(s)

Aiken, Ann L. (Oregon)

Attorney for Plaintiff

Cunnings, Jordan Elizabeth (Oregon)

Hellgren, Tess Margaret (Oregon)

Manning, Stephen W. (Oregon)

Attorney for Defendant

Feldman, Sarah (Oregon)

show all people

Documents in the Clearinghouse

Document
1

6:25-cv-01906

Complaint for Declaratory and Injunctive Relief

Oct. 16, 2025

Oct. 16, 2025

Complaint
2

6:25-cv-01906

Motion for Temporary Restraining Order

Oct. 16, 2025

Oct. 16, 2025

Pleading / Motion / Brief

2025 WL 3013919

36

6:25-cv-01906

Opinion and Order

Oct. 29, 2025

Oct. 29, 2025

Order/Opinion

2025 WL 3033800

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71668495/clear-clinic-v-noem/

Last updated Nov. 29, 2025, 12:17 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-10027770 Jury Trial Requested: No. Filed by Pineros Y Campesinos Unidos Del Noroeste, CLEAR Clinic against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Manning, Stephen) (Entered: 10/16/2025)

1 Civil Cover Sheet

View on RECAP

2 Proposed Summons

View on RECAP

Oct. 16, 2025

Oct. 16, 2025

Clearinghouse
2

Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by CLEAR Clinic, Pineros Y Campesinos Unidos Del Noroeste. (Manning, Stephen) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

Clearinghouse
3

Declaration of Reyna Lopez . Filed by CLEAR Clinic, Pineros Y Campesinos Unidos Del Noroeste. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

RECAP
4

Declaration of Katrina Kilgren . Filed by CLEAR Clinic, Pineros Y Campesinos Unidos Del Noroeste. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

RECAP
5

Declaration of Josephine Mosberg . Filed by CLEAR Clinic, Pineros Y Campesinos Unidos Del Noroeste. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

RECAP
6

Declaration of John Walsh . Filed by CLEAR Clinic, Pineros Y Campesinos Unidos Del Noroeste. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

7

Declaration of Alena Tupper . Filed by CLEAR Clinic, Pineros Y Campesinos Unidos Del Noroeste. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

8

CASE MANAGEMENT ORDER. Signed on 10/16/2025 by Judge Ann L. Aiken. (ck) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

9

Notice of Case Assignment to Judge Ann L. Aiken and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 2/13/2026. Joint Alternate Dispute Resolution Report is due by 3/16/2026. Pretrial Order is due by 3/16/2026. Ordered by Judge Ann L. Aiken. (le) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

10

Summons Issued Electronically as to Cammilla Wamsley. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

11

Summons Issued Electronically as to Kristi Noem. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

12

Summons Issued Electronically as to Todd Lyons. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

13

Summons Issued Electronically as to U.S. Immigration And Customs Enforcement ("ICE"). NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

14

Summons Issued Electronically as to Pete Flores. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

15

Summons Issued Electronically as to U.S. Department of Homeland Security ("DHS"). NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

16

Summons Issued Electronically as to U.S. Customs And Border Protection ("CBP"). NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

17

SCHEDULING ORDER: The Court has reviewed Plaintiffs' Motion for a Temporary Restraining Order 2 . Defendants are ordered to Respond no later than Monday, 10/20/2025 by 5:00PM. Plaintiffs shall Reply by Wednesday, 10/22/2025 by 5:00PM. Oral Argument is set for 10/24/2025 at 10:00AM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck) (Entered: 10/17/2025)

Oct. 17, 2025

Oct. 17, 2025

18

Motion to Amend/Correct Declaration of Katrina Kilgren Motion for Temporary Restraining Order 2 . Filed by All Plaintiffs. (Attachments: # 1 Proposed Document Corrected Declaration) (Manning, Stephen) (Entered: 10/17/2025)

Oct. 17, 2025

Oct. 17, 2025

1 - Scheduling

Oct. 17, 2025

Oct. 17, 2025

19

ORDER: Granting Motion to Amend/Correct Declaration of Katrina Kilgren 18 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 10/20/2025)

Oct. 20, 2025

Oct. 20, 2025

20

Response in Opposition to Motion for Temporary Restraining Order 2 . Filed by All Defendants. (Feldman, Sarah) (Entered: 10/20/2025)

Oct. 20, 2025

Oct. 20, 2025

RECAP
21

Declaration of Jeffrey Chan . Filed by All Defendants. (Related document(s): Response to Motion 20 .) (Feldman, Sarah) (Entered: 10/20/2025)

Oct. 20, 2025

Oct. 20, 2025

Order on Motion to Amend/Correct

Oct. 20, 2025

Oct. 20, 2025

22

Notice of Appearance of Michael Velchik appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Velchik, Michael) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

23

Reply to Motion for Temporary Restraining Order 2 . Filed by All Plaintiffs. (Manning, Stephen) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

24

Declaration of Alyssa Walker Keller . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

25

Declaration of Ana Munoz . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

26

Declaration of Debbie Cabrales . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

27

Declaration of Emma Gill . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

28

Declaration of Kathleen Pritchard . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

29

Declaration of Natalie Lerner . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

30

Declaration of RJSV . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

31

Declaration of Sara Eddie . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

32

Supplemental Declaration of Alena Tupper . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

33

Supplemental Declaration of Josephine Moberg . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

34

Supplemental Declaration of Reyna Lopez . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 2 .) (Manning, Stephen) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

35

MINUTES of Proceedings: Telephonic Motion Hearing held before Judge Ann L. Aiken regarding Motion for Temporary Restraining Order 2 . The Court hears argument as stated on the record and takes the matter under advisement. Formal written Opinion to follow. Tess Hellgren, Stephen Manning, Kelsey Provo, Nelly Garcia Orjuela present as counsel for plaintiffs. Michael Velchik, Sarah Feldman present as counsel for defendants. Court Reporter: Ryan White. (ck) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

Motion Hearing Held

Oct. 24, 2025

Oct. 24, 2025

36

OPINION AND ORDER: Plaintiffs' Motion for a Temporary Restraining Order 2 is DENIED. Plaintiffs shall have two weeks from the date of this Order in which to submit a renewed preliminary injunction motion addressing the evidence and arguments raised by Defendants. Defendants shall have two weeks from the filing of Plaintiffs' renewed motion to file their response brief and Plaintiffs shall have two weeks from the filing of the response brief to submit their optional reply brief. Motion to be filed by 11/12/2025. Response is due by 11/26/2025. Reply is due by 12/10/2025. The Court will hold an evidentiary hearing on the preliminary injunction on 12/12/2025 at 10:00AM in Eugene by telephone before Judge Ann L. Aiken. Signed on 10/29/2025 by Judge Ann L. Aiken. (ck) (Entered: 10/30/2025)

Oct. 29, 2025

Oct. 29, 2025

Clearinghouse
37

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Motion Hearing re: Motion for Temporary Restraining Order held on 10/24/2025 before Judge Ann L. Aiken, Court Reporter Ryan White, telephone number 503-826-8184 or ryan_white@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/10/2025. Redaction Request due 11/24/2025. Redacted Transcript Deadline set for 12/4/2025. Release of Transcript Restriction set for 2/2/2026. (White, Ryan) (Entered: 11/03/2025)

Nov. 3, 2025

Nov. 3, 2025

38

Unopposed Motion for Extension of Time . Filed by All Plaintiffs. (Manning, Stephen) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

39

First Amended Complaint . Filed by Pineros Y Campesinos Unidos Del Noroeste, CLEAR Clinic, LEON X against All Defendants. (Manning, Stephen) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

40

Motion for Preliminary Injunction . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Manning, Stephen) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

41

Declaration of Katrina Kilgren . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 40 .) (Attachments: # 1 Exhibit) (Manning, Stephen) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

42

Declaration of Yesenia Martinez . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 40 .) (Manning, Stephen) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

43

Declaration of Tony Lee . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 40 .) (Manning, Stephen) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

44

Declaration of Marlina Campos . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 40 .) (Manning, Stephen) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

45

Declaration of Luis Garcia . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 40 .) (Manning, Stephen) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

46

Declaration of Leon X . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 40 .) (Manning, Stephen) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

47

Declaration of Sara Eddie . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 40 .) (Manning, Stephen) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

48

Declaration of Natalie Webb . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 40 .) (Manning, Stephen) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

49

Declaration of Jose G Miranda . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 40 .) (Manning, Stephen) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

50

Declaration of Esmeralda Santos . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 40 .) (Manning, Stephen) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

51

Declaration of Elizabeth Sethi . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 40 .) (Manning, Stephen) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

52

Declaration of Claire Fawcett . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 40 .) (Manning, Stephen) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

53

Declaration of Natalie Lerner . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 40 .) (Manning, Stephen) (Entered: 11/13/2025)

Nov. 12, 2025

Nov. 12, 2025

54

Declaration of Josephine Moberg . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 40 .) (Manning, Stephen) (Entered: 11/13/2025)

Nov. 13, 2025

Nov. 13, 2025

55

Declaration of Alena Tupper . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 40 .) (Manning, Stephen) (Entered: 11/13/2025)

Nov. 13, 2025

Nov. 13, 2025

56

Motion to Certify the Class . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Manning, Stephen) (Entered: 11/13/2025)

Nov. 13, 2025

Nov. 13, 2025

57

Declaration of Stephen W Manning . Filed by All Plaintiffs. (Related document(s): Motion to certify class 56 .) (Manning, Stephen) (Entered: 11/13/2025)

Nov. 13, 2025

Nov. 13, 2025

58

Motion to proceed under psuedonym for Leon X. Filed by All Plaintiffs. (Manning, Stephen) (Entered: 11/13/2025)

Nov. 13, 2025

Nov. 13, 2025

59

Notice re Motion for Extension of Time 38 Withdrawing Motion for Extension Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time 38 .) (Hellgren, Tess) (Entered: 11/17/2025)

Nov. 17, 2025

Nov. 17, 2025

60

ORDER: Finding as Moot Unopposed Motion for Extension of Time 38 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 11/18/2025)

Nov. 18, 2025

Nov. 18, 2025

Order on Motion for Extension of Time

Nov. 18, 2025

Nov. 18, 2025

61

Attorney Appearance

Nov. 24, 2025

Nov. 24, 2025

62

Extension of Time to File Response/Reply to Motion

Nov. 24, 2025

Nov. 24, 2025

63

File Excess Pages

Nov. 24, 2025

Nov. 24, 2025

Order on Motion to File Excess Pages

Nov. 24, 2025

Nov. 24, 2025

Order on Motion for Extension of Time to File Response/Reply to Motion

Nov. 24, 2025

Nov. 24, 2025

66

Response to Motion

Nov. 26, 2025

Nov. 26, 2025

67

Declaration

Nov. 26, 2025

Nov. 26, 2025

68

Declaration

Nov. 26, 2025

Nov. 26, 2025

69

Declaration

Nov. 26, 2025

Nov. 26, 2025

70

Declaration

Nov. 26, 2025

Nov. 26, 2025

Case Details

State / Territory:

Oregon

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Oct. 16, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A nonprofit immigrant rights organization based in Portland, Oregon

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

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Other Dockets:

District of Oregon 6:25-cv-01906

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Access to lawyers or judicial system

Conditions of confinement

Discrimination Basis:

Immigration status

Immigration/Border:

Border police

Constitutional rights

Detention - procedures

Immigration lawyers

Sanctuary city/state

Undocumented immigrants - rights and duties