Case: A.C.R. v. Noem

1:25-cv-03962 | U.S. District Court for the Eastern District of New York

Filed Date: July 17, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the Trump Administration’s rescission of the Deferred Action Policy for young people with Special Immigrant Juvenile Status (SIJS). Special Immigrant Juvenile Status is granted to noncitizen children who have been subject to abuse, neglect, abandonment, or similar mistreatment by a parent.  Children who have been granted SIJS and awaiting permanent resident status cannot be deported and are eligible for work authorization under the deferred action policy. Beginning April 17…

This case challenges the Trump Administration’s rescission of the Deferred Action Policy for young people with Special Immigrant Juvenile Status (SIJS). Special Immigrant Juvenile Status is granted to noncitizen children who have been subject to abuse, neglect, abandonment, or similar mistreatment by a parent.  Children who have been granted SIJS and awaiting permanent resident status cannot be deported and are eligible for work authorization under the deferred action policy. Beginning April 17, 2025, the United States Center for Immigrant Services (USCIS) stopped adjudicating deferred actions for SIJS noncitizens — they neither granted nor denied such actions — thereby those individuals lacked protection from deportation and could not apply for work authorization. On June 6, 2025, USCIS issued a policy alert that it will no longer conduct deferred action determinations or accept applications for work authorization (“Recession Policy”). 

On July 17, 2025, the plaintiffs — a group of nine individuals with Special Immigrant Juvenile Status and nonprofit organizations with an immigration practice — filed this lawsuit in the U.S. District Court for the Eastern District of New York. Represented by National Immigration Project, Kids in Need of Defense and private law firms, the plaintiffs brought this lawsuit against U.S. Department of Homeland Security Secretary Kristi Noem, the U.S. Department of Homeland Security, the United States Citizenship and Immigration Services Director, U.S. Citizenship and Immigration Services, and the United States Citizenship and Immigration Services National Benefits Center Director. The plaintiffs challenge the Recession Policy for violating the Declaratory Judgment Act and that it violated the Administrative Procedure Act: it was arbitrary and capricious, it violated the Accardi doctrine, and failed to follow APA rule-making procedures. The plaintiffs sought declaratory and injunctive relief. 

Along with the complaint, the plaintiffs also filed a motion for preliminary injunction and for class certification. The plaintiffs asked the court to certify the following proposed classes:

  • “Deferred Action Class: All individuals whose SIJS petitions were or will be approved on or after April 7, 2025, and who will no longer be considered for deferred action based on SIJS because of Defendants’ 2025 Rescission Policy.
  • Renewal Class: All individuals who were granted deferred action based on SIJS but who are no longer eligible to renew their deferred action while they await a visa because of Defendants’ 2025 Rescission Policy.
  • EAD Subclass: All members of the Renewal Class who have applied for or are eligible to apply for an Employment Authorization Document under 8 C.F.R. § 274a.12(c)(14) (“(c)(14) EAD”) but  whose applications for a (c)(14) EAD have not been or will not be adjudicated pursuant to Defendants’ 2025 Policy Alert.”

This case was assigned to Judge Eric R. Komitee. 

In their opposition, the government alleged that the immigration law strips this court of jurisdiction to hear the plaintiffs’ claims, andthe  plaintiffs did not have standing to bring these claims. The government claimed that the Rescission Policy was merely a non-enforcement policy that is unreviewable. The government opposed injunctive relief because it would “frustrate and displace the USCIS’s substantive judgment as to how its prosecutorial discretion…should be exercised” and would undermine public safety interests and law enforcement. The government also opposed class-wide injunctive relief because it was barred under the INA. 

On September 17, the plaintiffs filed a supplemental brief alleging that even if the 2022 SJIS Deferred Action Policy was unlawful, the 2025 Recession policy is still arbitrary and capricious in light of significant reliance interests. 

On November 19, 2025, the court granted a stay of the Rescission Policy and partial preliminary injunctive relief. 2025 WL 3228840. The court found that the Rescission Policy was not merely a non-enforcement policy, but it was a program for conferring affirmative immigration relief; thereby, it is subject to review. The USCIS offered a reasonable explanation for its decision to rescind the policy, is that it lacked statutory or regulatory support. But the USCIS’s failure to consider reliance interests and reasonable alternatives rendered its decision arbitrary and capricious. Additionally, the court found that the government likely violated the notice and comment requirement for the decision to stop considering SIJS recipients for employment authorization. Lastly, the government likely violated the Accardi Doctrine because for the nearly two-month period where USCIS ceased adjudicating SIJS for deferred action, the government failed to follow its own internal procedures. The court did not rule on the class certification. 

This case is ongoing.

Summary Authors

Zainab Mustafa (11/26/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70826540/parties/acr-v-noem/


Judge(s)
Attorney for Plaintiff

Brown, Rebecca Sarah (New York)

Davidson, Rachel Leya (New York)

Elie-Meyers, Joseph (New York)

Julceus, Markiana (New York)

Attorney for Defendant

Alas, Dean Phillip (New York)

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Documents in the Clearinghouse

Document
1

1:25-cv-03962

Class Action Complaint for Declaratory and Injunctive Relief

A.C.R. et al. v. Noem et al.

July 7, 2025

July 7, 2025

Complaint
60

1:25-cv-03962

Memorandum & Order

A.C.R. et al. v. Noem et al.

Nov. 19, 2025

Nov. 19, 2025

Order/Opinion

2025 WL 3228840

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70826540/acr-v-noem/

Last updated Jan. 17, 2026, 12:34 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Joseph Edlow, Kristi Noem, Terri Robinson, United States Citizenship and Immigration Services, United States Department of Homeland Security filing fee $ 405, receipt number ANYEDC-19243891 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Centro Legal de la Raza, J.C.B., J.G.V., A.C.R., B.R.C., E.A.R., S.M.M., L.M.R., C.V.R., Central American Refugee Center (CARECEN-NY), Y.A.M.. (Attachments: # 1 Exhibit A - 2022 Policy Alert, # 2 Exhibit B - 2025 Policy Alert, # 3 Civil Cover Sheet, # 4 Proposed Summons) (Magliery, John) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

Clearinghouse

Case Assigned/Reassigned

July 17, 2025

July 17, 2025

Case Assigned to Magistrate Judge Taryn A. Merkl. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD)

July 17, 2025

July 17, 2025

2

Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (KD) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

3

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

4

Summons Issued as to Joseph Edlow, Kristi Noem, Terri Robinson, United States Citizenship and Immigration Services, United States Department of Homeland Security, U.S. Attorney and U.S. Attorney General (KD) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

5

MOTION for Order to Show Cause / Proposed Order to Show Cause for (1) Preliminary Injunction; (2) Class Certification and Appointment of Class Counsel; and (3) Leave to Proceed under Pseudonyms, to File under Seal, and for a Protective Order by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Attachments: # 1 Declaration of Exigency in Support of Order to Show Cause) (Magliery, John) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

6

MEMORANDUM in Support re 5 MOTION for Order to Show Cause / Proposed Order to Show Cause for (1) Preliminary Injunction; (2) Class Certification and Appointment of Class Counsel; and (3) Leave to Proceed under Pseudonyms, to File under Seal, and for a Protective Order / Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction filed by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Magliery, John) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

7

MEMORANDUM in Support re 5 MOTION for Order to Show Cause / Proposed Order to Show Cause for (1) Preliminary Injunction; (2) Class Certification and Appointment of Class Counsel; and (3) Leave to Proceed under Pseudonyms, to File under Seal, and for a Protective Order / Memorandum of Law in Support of Individual Plaintiffs' Motion for Class Certification filed by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Attachments: # 1 Declaration of Natalie Kraner in Support of Plaintiffs' Motion for Class Certification and Appointment of Class Counsel, # 2 Declaration of John Magliery in Support of Plaintiffs' Motion for Class Certification and Appointment of Class Counsel, # 3 Declaration of Stephanie E. Norton in Support of Plaintiffs' Motion for Class Certification and Appointment of Class Counsel, # 4 Declaration of Rebecca Brown in Support of Plaintiffs' Motion for Class Certification and Appointment of Class Counsel, # 5 Declaration of Wendy Wylegala in Support of Plaintiffs' Motion for Class Certification and Appointment of Class Counsel) (Magliery, John) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

8

MEMORANDUM in Support re 5 MOTION for Order to Show Cause / Proposed Order to Show Cause for (1) Preliminary Injunction; (2) Class Certification and Appointment of Class Counsel; and (3) Leave to Proceed under Pseudonyms, to File under Seal, and for a Protective Order / Memorandum of Law in Support of Individual Plaintiffs' Motion to Proceed under Pseudonyms, to Partially Seal Documents, and for a Protective Order filed by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Magliery, John) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

9

AFFIDAVIT/DECLARATION in Support re 5 MOTION for Order to Show Cause / Proposed Order to Show Cause for (1) Preliminary Injunction; (2) Class Certification and Appointment of Class Counsel; and (3) Leave to Proceed under Pseudonyms, to File under Seal, and for a Protective Order / Declaration of A.C.R. filed by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Attachments: # 1 Declaration of B.R.C., # 2 Declaration of C.V.R., # 3 Declaration of E.A.R., # 4 Declaration of J.C.B., # 5 Declaration of J.G.V., # 6 Declaration of L.M.R., # 7 Declaration of S.M.M., # 8 Declaration of Y.A.M., # 9 Declaration of Jessica Greenberg, Esq., Central American Refugee Center (CARECEN-NY), # 10 Declaration of Abby Sullivan Engen, Centro Legal de la Raza, # 11 Declaration of Dr. Dylan Gee, Ph.D., # 12 Declaration of Rachel Prandini, Immigrant Legal Resource Center, # 13 Declaration of Kent Wong, # 14 Declaration of Dalia Castillo-Granados, # 15 Declaration of Rachel Jordan, # 16 Declaration of Bhairavi K. Asher, # 17 Declaration of Elisa Minoff, # 18 Declaration of Victoria Maqueda Feldman, # 19 Declaration of Randy McGrorty, # 20 Declaration of Douglas Bishop, M.D., # 21 Declaration of Randi Mandelbaum, Esq., # 22 Declaration of Adolfo Mendez, # 23 Declaration of Theresa Wilkes, # 24 Declaration of John Magliery, # 25 Exhibit A - 2022 Policy Alert, # 26 Exhibit B - Volume 6, Chapter 4 of USCIS's Policy Manual, archived April 18, 2025) (Magliery, John) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

10

MOTION for Leave to Electronically File Document under Seal by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Attachments: # 1 Memorandum of Law in Support of Individual Plaintiffs' Motion to Proceed under Pseudonyms, to Partially Seal Documents, and for a Protective Order, # 2 Declaration of A.C.R., # 3 Declaration of B.R.C., # 4 Declaration of C.V.R., # 5 Declaration of E.A.R., # 6 Declaration of J.C.B., # 7 Declaration of J.G.V., # 8 Declaration of L.M.R., # 9 Declaration of S.M.M., # 10 Declaration of Y.A.M.) (Magliery, John) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

11

Letter MOTION for Leave to File Excess Pages by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Magliery, John) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

Consent to Jurisdiction by US Magistrate Judge - Declined

July 18, 2025

July 18, 2025

12

NOTICE of Appearance by Natalie Kraner on behalf of All Plaintiffs (aty to be noticed) (Kraner, Natalie) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (ERT)

July 18, 2025

July 18, 2025

13

NOTICE of Appearance by Stephanie Ellen Norton on behalf of All Plaintiffs (aty to be noticed) (Norton, Stephanie) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

Case Assigned/Reassigned

July 22, 2025

July 22, 2025

Case reassigned to Judge Eric R. Komitee. Magistrate Judge Taryn A. Merkl no longer assigned as presider to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (DA)

July 22, 2025

July 22, 2025

Order on Motion to Show Cause

July 22, 2025

July 22, 2025

ORDER: Assuming Plaintiffs effectuate service as contemplated herein, the Court will hold argument on the motions for a preliminary injunction and for class certification on August 13 at 2 p.m. in Courtroom 6G North at 225 Cadman Plaza East. The government shall file its written response to the motions by August 6. Plaintiffs shall file their written reply by August 11. Plaintiffs are directed to serve the government with a copy of the complaint, this order, and all filings in support thereof by 1:00 p.m. tomorrow in accordance with Federal Rule of Civil Procedure 4(i). Until further order from this Court, the government shall comply with the pseudonymity, sealing, non-disclosure, and redaction requirements outlined in Plaintiffs' proposed order to show cause. ECF No. 5, at 5-6. Ordered by Judge Eric R. Komitee on 7/22/2025. (CAM)

July 22, 2025

July 22, 2025

Order on Motion for Order to Show Cause

July 22, 2025

July 22, 2025

ORDER granting 11 Motion for Leave to File Excess Pages. Ordered by Judge Eric R. Komitee on 7/22/2025. (CAM)

July 22, 2025

July 22, 2025

Order on Motion for Leave to File Excess Pages

July 22, 2025

July 22, 2025

14

MOTION to Appear Pro Hac Vice Motion of Rebecca Brown for Admission Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-19275081 by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Attachments: # 1 Affidavit in Support Affidavit of Rebecca Brown in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order Proposed Order, # 4 Affidavit of Service Affirmation of Service) (Brown, Rebecca) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

15

MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-19275157 by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Attachments: # 1 Affidavit In Support of Motion to Admit Counsel Pro Hac Vice, # 2 Certificate of Standing-Supreme Court of California) (McKinney, Zoe) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

Case Assigned/Reassigned

July 24, 2025

July 24, 2025

Case Assigned to Magistrate Judge Taryn A. Merkl for referral. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (MB)

July 24, 2025

July 24, 2025

16

MOTION to Appear Pro Hac Vice of Noemi S. Schor Filing fee $ 200, receipt number ANYEDC-19281213 by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Attachments: # 1 Affidavit of Noemi S. Schor, # 2 Certificate of Good Standing - Supreme Court of New Jersey) (Schor, Noemi) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

Order(Other)

July 25, 2025

July 25, 2025

ORDER: In its order of July 22, the Court set a schedule for briefing and argument on Plaintiffs' motions for class certification and a preliminary injunction. That schedule was expressly contingent on Plaintiffs serving the government in accordance with the Federal Rules of Civil Procedure by 1 pm on July 23. No proof of such service, or of a waiver of such service by the government, appears on the docket. See Fed. R. Civ. P. 4(d)(4), (l)(1). Accordingly, the hearing previously scheduled for August 13 will be removed from the Court's calendar. Plaintiffs may seek a revised hearing date and briefing schedule if or when they effectuate valid service and file proof thereof on the docket. Ordered by Judge Eric R. Komitee on 7/25/2025. (CAM)

July 25, 2025

July 25, 2025

Order

July 25, 2025

July 25, 2025

17

Letter re: Service on Defendants by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M. (Attachments: # 1 Proof of Personal Service on EDNY US Attorney, # 2 Certificate of Service of Certified Mailing to Defendants) (Magliery, John) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

ORDER: In light of Plaintiffs' letter and appended proof of service 17, the show-cause hearing will proceed on August 13 at 2 p.m. in Courtroom 6G North at 225 Cadman Plaza East, as originally scheduled. Ordered by Judge Eric R. Komitee on 7/25/2025. (CAM)

July 25, 2025

July 25, 2025

1 - Terminate Deadlines and Hearings

July 28, 2025

July 28, 2025

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

July 28, 2025

July 28, 2025

ORDER: The Motion of Zoe N. McKinney for Leave to Appear Pro Hac Vice 15 and the Motion of Noemi S. Schor for Leave to Appear Pro Hac Vice 16 are both granted. The attorneys shall register for ECF, if needed; registration is available online at the EDNY's homepage. Once registered, the attorneys shall file a notice of appearance and ensure that the attorneys receive electronic notification of activity in this case. Also, the attorneys shall ensure that the $200 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee, if counsel has not already done so. Ordered by Magistrate Judge Taryn A. Merkl on 7/28/2025. (ERT)

July 28, 2025

July 28, 2025

Order on Motion for Leave to Appear Pro Hac Vice

July 28, 2025

July 28, 2025

ORDER deferring ruling on 14 Motion of Rebecca Brown for Leave to Appear Pro Hac Vice. E.D.N.Y. Local Civil Rule 1.3(k) requires "a certificate of the court for each of the states in which the applicant is a member of the bar that has been issued within 30 days of filing and states that the applicant is a member in good standing of the bar of that state court" (emphasis added). Counsel is respectfully directed to file a certificate of good standing from the State of California or a status update by 8/8/2025. Counsel should use the event titled "Notice Other" on ECF to file their revised submission. Ordered by Magistrate Judge Taryn A. Merkl on 7/28/2025. (ERT)

July 28, 2025

July 28, 2025

Terminate Deadlines and Hearings

July 28, 2025

July 28, 2025

18

NOTICE of Appearance by Zoe McKinney on behalf of A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M. (notification declined or already on case) (McKinney, Zoe) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

19

NOTICE of Appearance by Rachel Leya Davidson on behalf of All Plaintiffs (aty to be noticed) (Davidson, Rachel) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

20

NOTICE of Appearance by Wendy T. Wylegala on behalf of All Plaintiffs (aty to be noticed) (Wylegala, Wendy) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

21

NOTICE of Appearance by Noemi Schor on behalf of A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M. (notification declined or already on case) (Schor, Noemi) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

22

NOTICE of Appearance by Katelyn Masetta-Alvarez on behalf of All Defendants (aty to be noticed) (Masetta-Alvarez, Katelyn) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

23

MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-19301299 by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Attachments: # 1 Affidavit) (Elie-Meyers, Joseph) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

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

July 31, 2025

July 31, 2025

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

July 31, 2025

July 31, 2025

Order on Motion for Leave to Appear Pro Hac Vice

July 31, 2025

July 31, 2025

24

MOTION to Appear Pro Hac Vice of Catherine Weiss Filing fee $ 200, receipt number ANYEDC-19304025 by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Attachments: # 1 Affidavit of Catherine Weiss, # 2 Certificate of Good Standing - New York, # 3 Certificate of Good Standing - New Jersey) (Weiss, Catherine) (Entered: 07/31/2025)

July 31, 2025

July 31, 2025

25

MOTION to Appear Pro Hac Vice of Rebecca Scholtz Filing fee $ 200, receipt number ANYEDC-19306389 by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Scholtz, Rebecca) (Entered: 07/31/2025)

July 31, 2025

July 31, 2025

ORDER: On consent of the parties, the show-cause hearing previously scheduled for August 13 at 2 p.m. is adjourned to September 4 at 2 p.m. Per the parties' proposed briefing schedule, the government's response to plaintiffs' motions for a preliminary injunction and for class certification will be due August 13. Plaintiffs' reply will be due August 20. Ordered by Judge Eric R. Komitee on 7/31/2025. (CAM)

July 31, 2025

July 31, 2025

26

Letter MOTION for Extension of Time to File Response/Reply as to 6 Memorandum in Support,, of Motion for Preliminary Injunction and Motion for Class Certification by Joseph Edlow, Kristi Noem, Terri Robinson, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Masetta-Alvarez, Katelyn) (Entered: 07/31/2025)

July 31, 2025

July 31, 2025

ORDER: The Motion of Joseph Elie-Meyers for Leave to Appear Pro Hac Vice 23, the Motion of Catherine Weiss for Leave to Appear Pro Hac Vice 24, and the Motion of Rebecca Scholtz for Leave to Appear Pro Hac Vice 25 are granted. The attorneys shall register for ECF, if needed; registration is available online at the EDNY's homepage. Once registered, the attorneys shall file a notice of appearance and ensure that the attorneys receive electronic notification of activity in this case. Also, the attorneys shall ensure that the $200 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee, if counsel has not already done so. Ordered by Magistrate Judge Taryn A. Merkl on 7/31/2025. (ERT)

July 31, 2025

July 31, 2025

27

NOTICE of Appearance by Catherine Weiss on behalf of A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M. (notification declined or already on case) (Weiss, Catherine) (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

28

NOTICE of Appearance by Alexander Shalom on behalf of A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M. (aty to be noticed) (Shalom, Alexander) (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

~Util - Terminate Civil Case

Aug. 5, 2025

Aug. 5, 2025

Incorrect Case-Document Information

Aug. 5, 2025

Aug. 5, 2025

Incorrect Case/Document/Entry Information.

Aug. 5, 2025

Aug. 5, 2025

29

NOTICE by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M. re 14 MOTION to Appear Pro Hac Vice Motion of Rebecca Brown for Admission Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-19275081 CORRECTED Certificate of Good Standing in Support of Motion to Appear Pro Hac Vice (Brown, Rebecca) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

Civil Case Terminated. (MLR)

Aug. 5, 2025

Aug. 5, 2025

Incorrect Case/Document/Entry Information: Docket was inadvertently closed in error under the above civil action. (MLR)

Aug. 5, 2025

Aug. 5, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 6, 2025

Aug. 6, 2025

ORDER: The Court is in receipt of Rebecca Brown's Motion for Leave to Appear Pro Hac Vice 14 and the supplemental Notice, containing counsel's certificate of good standing from the state of California 29 . The Motion 14 is granted. The attorney shall register for ECF, if needed; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that the attorney receives electronic notification of activity in this case. Also, the attorney shall ensure that the $200 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee, if counsel has not already done so. Ordered by Magistrate Judge Taryn A. Merkl on 8/6/2025. (ERT)

Aug. 6, 2025

Aug. 6, 2025

30

NOTICE of Appearance by Rebecca Sarah Brown on behalf of A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M. (notification declined or already on case) (Brown, Rebecca) (Entered: 08/08/2025)

Aug. 8, 2025

Aug. 8, 2025

31

NOTICE of Appearance by Markiana Julceus on behalf of A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M. (aty to be noticed) (Julceus, Markiana) (Entered: 08/12/2025)

Aug. 12, 2025

Aug. 12, 2025

32

NOTICE of Appearance by Rebecca Scholtz on behalf of All Plaintiffs (notification declined or already on case) (Scholtz, Rebecca) (Entered: 08/12/2025)

Aug. 12, 2025

Aug. 12, 2025

33

NOTICE of Appearance by Dean Phillip De Las Alas on behalf of Joseph Edlow, Kristi Noem, Terri Robinson, United States Citizenship and Immigration Services, United States Department of Homeland Security (aty to be noticed) (De Las Alas, Dean) (Entered: 08/12/2025)

Aug. 12, 2025

Aug. 12, 2025

Order on Motion for Leave to File Excess Pages

Aug. 13, 2025

Aug. 13, 2025

ORDER granting 34 Motion for Leave to File Excess Pages. Ordered by Judge Eric R. Komitee on 8/13/2025. (CAM)

Aug. 13, 2025

Aug. 13, 2025

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

Aug. 13, 2025

Aug. 13, 2025

34

Letter MOTION for Leave to File Excess Pages in Defendants' Brief in Opposition to Motion for Preliminary Injunction by Joseph Edlow, Kristi Noem, Terri Robinson, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Masetta-Alvarez, Katelyn) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

35

MOTION to Appear Pro Hac Vice of Yulie Landan Filing fee $ 200, receipt number ANYEDC-19346896 by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Attachments: # 1 Affidavit of Yulie Landan, # 2 Certificate of Good Standing - California) (Landan, Yulie) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

36

Second MOTION for Extension of Time to File Response/Reply as to 6 Memorandum in Support,, 7 Memorandum in Support,,,, by Joseph Edlow, Kristi Noem, Terri Robinson, United States Citizenship and Immigration Services, United States Department of Homeland Security. (De Las Alas, Dean) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

ORDER granting 36 Motion for Extension of Time to File Response/Reply. Ordered by Judge Eric R. Komitee on 8/13/2025. (CAM)

Aug. 13, 2025

Aug. 13, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 14, 2025

Aug. 14, 2025

37

MEMORANDUM in Opposition re 7 Memorandum in Support,,,, of Motion for Class Certification filed by All Defendants. (Masetta-Alvarez, Katelyn) (Entered: 08/14/2025)

Aug. 14, 2025

Aug. 14, 2025

ORDER: The Motion of Yulie Landan for Leave to Appear Pro Hac Vice 35 is granted. The attorney shall register for ECF, if needed; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that the attorney receives electronic notification of activity in this case. Also, the attorney shall ensure that the $200 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee, if counsel has not already done so. Ordered by Magistrate Judge Taryn A. Merkl on 8/14/2025. (ERT)

Aug. 14, 2025

Aug. 14, 2025

38

MEMORANDUM in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by All Defendants. (Masetta-Alvarez, Katelyn) (Entered: 08/14/2025)

Aug. 14, 2025

Aug. 14, 2025

39

DECLARATION re 38 Memorandum in Opposition with Attached Exhibits Supporting Opposition by Joseph Edlow, Kristi Noem, Terri Robinson, United States Citizenship and Immigration Services, United States Department of Homeland Security (Attachments: # 1 Exhibit A - 2022 Policy Alert, # 2 Exhibit B - 2025 Policy Alert, # 3 Exhibit C - Policy Manual, # 4 Exhibit D - Kendrick Declaration, # 5 Exhibit E - June 6, 2025 Memorandum) (Masetta-Alvarez, Katelyn) (Entered: 08/14/2025)

Aug. 14, 2025

Aug. 14, 2025

40

Letter MOTION to Amend/Correct/Supplement 38 Memorandum in Opposition, 37 Memorandum in Opposition by Joseph Edlow, Kristi Noem, Terri Robinson, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Masetta-Alvarez, Katelyn) (Entered: 08/15/2025)

Aug. 15, 2025

Aug. 15, 2025

Order on Motion to Amend/Correct/Supplement

Aug. 16, 2025

Aug. 16, 2025

ORDER granting 40 Motion to Amend/Correct/Supplement. Ordered by Judge Eric R. Komitee on 8/16/2025. (CAM)

Aug. 16, 2025

Aug. 16, 2025

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

Aug. 18, 2025

Aug. 18, 2025

41

Letter MOTION for Extension of Time to File Response/Reply in further support of Plaintiffs' Order to Show Cause, and for Leave to File Overlength Brief, on Consent by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Magliery, John) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

42

MEMORANDUM in Opposition re 6 Memorandum in Support,, Order on Motion to Amend/Correct/Supplement (Corrected) filed by All Defendants. (Attachments: # 1 Exhibit A - 2022 Policy Alert, # 2 Exhibit B - 2025 Policy Alert, # 3 Exhibit C - 2024 Policy Manual, # 4 Exhibit D - Kendrick Declaration, # 5 Exhibit E - June 6, 2025 Memo) (Masetta-Alvarez, Katelyn) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

ORDER granting 41 Motion for Extension of Time to File Response/Reply. Ordered by Judge Eric R. Komitee on 8/18/2025. (CAM)

Aug. 18, 2025

Aug. 18, 2025

43

MEMORANDUM in Opposition re Order on Motion to Amend/Correct/Supplement, 7 Memorandum in Support,,,, (corrected with exhibits attached) filed by All Defendants. (Attachments: # 1 Exhibit A - Kendrick Declaration, # 2 Exhibit B - 2024 Policy Manual) (Masetta-Alvarez, Katelyn) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

44

REPLY in Support re 6 Memorandum in Support,, / Reply Memorandum in support of Motion for Preliminary Injunction. DKT 5 filed by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Magliery, John) (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

45

REPLY in Support re 7 Memorandum in Support,,,, / Reply Memorandum in support of Motion for Class Certification filed by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Magliery, John) (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

46

DECLARATION re 6 Memorandum in Support,, 7 Memorandum in Support,,,, /Declaration of Nicholas Garces [Redacted] by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M. (Attachments: # 1 Exhibit 1.) J.G.V Form G-325A Application (Redacted)) (Magliery, John) (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

47

DECLARATION re 6 Memorandum in Support,, 7 Memorandum in Support,,,, / Declaration Will Sheehan [Redacted] by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M. (Attachments: # 1 Exhibit 1.) A.C.R Form G-325A Application [Redacted]) (Magliery, John) (Entered: 08/22/2025)

1 Exhibit 1.) A.C.R Form G-325A Application [Redacted]

View on PACER

Aug. 22, 2025

Aug. 22, 2025

48

Letter MOTION for Leave to File Document re: Corrected versions of Declaration and Exhibits by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Magliery, John) (Entered: 08/25/2025)

Aug. 25, 2025

Aug. 25, 2025

Order on Motion for Leave to File

Aug. 27, 2025

Aug. 27, 2025

ORDER granting 48 Motion for Leave to File. Ordered by Judge Eric R. Komitee on 8/27/2025. (CAM)

Aug. 27, 2025

Aug. 27, 2025

49

MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-19390502 by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M.. (Attachments: # 1 Affidavit in support of Pro Hac Vice Admission, # 2 Proposed Order) (Shee, A.K.) (Entered: 08/27/2025)

Aug. 27, 2025

Aug. 27, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 28, 2025

Aug. 28, 2025

ORDER: The Motion of A.K. Jack Shee for Leave to Appear Pro Hac Vice 49 is granted. The attorney shall register for ECF, if needed; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that the attorney receives electronic notification of activity in this case. Also, the attorney shall ensure that the $200 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee, if counsel has not already done so. Ordered by Magistrate Judge Taryn A. Merkl on 8/28/2025. (ERT)

Aug. 28, 2025

Aug. 28, 2025

50

DECLARATION re 6 Memorandum in Support,, 7 Memorandum in Support,,,, Declaration of Nicholas Garces [Redacted] by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M. (Attachments: # 1 Exhibit 1 - J.G.V.'s Form G-325A Application [Redacted])) (Magliery, John) (Entered: 08/28/2025)

Aug. 28, 2025

Aug. 28, 2025

51

DECLARATION re 6 Memorandum in Support,, 7 Memorandum in Support,,,, Declaration Will Sheehan [Redacted] by A.C.R., B.R.C., C.V.R., Central American Refugee Center (CARECEN-NY), Centro Legal de la Raza, E.A.R., J.C.B., J.G.V., L.M.R., S.M.M., Y.A.M. (Attachments: # 1 Exhibit 1 - A.C.R.'s Form G-325A Application [Redacted]) (Magliery, John) (Entered: 08/28/2025)

Aug. 28, 2025

Aug. 28, 2025

Case Details

State / Territory:

New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: July 17, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are a group of nine individuals with Special Immigrant Juvenile Status and nonprofit organizations wit an immigration practice

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Other Dockets:

Eastern District of New York 1:25-cv-03962

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

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Juveniles

Immigration/Border:

Visas - procedures

Work authorization - procedures