Case: Aceituno v. U.S. Department of Homeland Security

3:26-cv-00146 | U.S. District Court for the Western District of North Carolina

Filed Date: Feb. 24, 2026

Case Ongoing

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Case Summary

This case challenges DHS agents’ practice of making warrantless immigration arrests without a valid, pre-arrest, individualized determination of probable cause. The following background is pulled from the complaint filed in this case on February 24, 2026. The plaintiffs in this case are a group of Latino men in North Carolina, who are lawful residents of the United States, and allege that in 2026, they were arrested by Department of Homeland Security (DHS) agents without probable cause (i.e., w…

This case challenges DHS agents’ practice of making warrantless immigration arrests without a valid, pre-arrest, individualized determination of probable cause.

The following background is pulled from the complaint filed in this case on February 24, 2026.

The plaintiffs in this case are a group of Latino men in North Carolina, who are lawful residents of the United States, and allege that in 2026, they were arrested by Department of Homeland Security (DHS) agents without probable cause (i.e., when the agents had reason to believe that they would be removable from this country or that they pose an escape risk). They claim that these sorts of arrests are paradigmatic of DHS tactics in North Carolina. Agents continually confront hundreds of North Carolinians, many of whom are citizens or non-citizens with immigration status, without reasonable suspicion or probable cause that the people they detain are unlawfully present. The plaintiffs brought this putative class-action in the Western District of North Carolina, seeking to enjoin defendants' policy and practice of making warrantless immigration arrests without an individualized finding of probable cause. The putative class is represented by a coalition of attorneys from the ACLU Foundation Immigrants’ Rights Project, the Southern Coalition for Social Justice, the ACLU of North Carolina Legal Foundation, and the Democracy Forward Foundation. Judge Susan C. Rodrigues and U.S. Magistrate Judge W. Carelton Metclaff were assigned to the case, but the case was reassigned to Magistrate Judge Mark Talinao Odulio.

According to the complaint, these sorts of stops violate the Immigration and Nationality Act, which prevents an immigration officer from making a civil warrantless arrest unless “he has reason to believe” both that (1) “the [noncitizen] so arrested is in the United States in violation of” “any law or regulation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of [noncitizens],” and (2) the noncitizen “is likely to escape before a warrant can be obtained for his arrest.” 8 U.S.C. § 1357(a)(2). (The “reason to believe” standard in § 1357(a)(2) has been interpreted by some courts as being equivalent to “probable cause.”) Federal regulations also require immigration officers to identify themselves and state the reason for an arrest. The plaintiffs alleged that DHS agents were routinely ignoring these standards when making arrests. The plaintiffs initially sought to certify one class and two subclasses:

(1) “Warrantless Arrest Class: All persons who, since November 1, 2025, have been or will be subject to a warrantless arrest for immigration purposes by DHS in North Carolina.”

(a) “Removability Subclass: All persons who, since November 1, 2025, have been or will be subject to a warrantless arrest for immigration purposes by DHS in North Carolina without probable cause that the person is a non-citizen who is subject to removal from the United States.”

(b) “Escape Risk Subclass: All persons who, since November 1, 2025, have been or will be subject to a warrantless arrest for immigration purposes by DHS in North Carolina without probable cause that the person is likely to escape before a warrant can be obtained.”

The plaintiffs requested that the Court declare DHS’s practices unlawful under the INA (and therefore unlawful under the Administrative Procedure Act); vacate and set the practices aside; and permanently enjoin the defendants from continuing to engage in the challenged practices. The plaintiffs also sought attorney’s fees and costs.

On October 1, 2026, the plaintiffs filed an amended complaint which added a new plaintiff and an additional Fourth Amendment claim concerning investigatory stops without reasonable suspicion. The amended complaint also added a separate “Suspicionless Stops” Class defined as “[a]ll persons who, since November 1, 2025, have been or will be subject to an investigatory stop for immigration purposes by DHS in North Carolina without reasonable suspicion that the person is in the United States in violation of civil immigration laws.” The plaintiffs sought additional relief for this class, including declarations and vacatur of the challenged stop policy. Finally, the amended complaint updated and expanded the factual and remedial allegations, including updated enforcement figures and claims about continuing harm to class members.

On the same day they filed the amended complaint, the plaintiffs moved for a preliminary injunction (PI) and/or a stay of government action. They also argued that, in order to issue class-wide preliminary relief, the court should at a minimum certify the putative Warrantless Arrest Class and its subclasses. The plaintiffs argued that they were likely to succeed on the merits of their legal claims and that putative class members would "continue to suffer irreparable harm" absent judicial intervention. Also on October 1, 2026, the plaintiffs filed a separate motion seeking to certify all proposed classes and subclasses.

As of October 20, 2026, the court has yet to issue a ruling on class certification or the PI motions. This case is ongoing.

Summary Authors

Talia Richland (10/20/2026)

Jinan Abufarha (3/2/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72322839/parties/aceituno-v-us-department-of-homeland-security/

Attorney for Plaintiff

Amdur, Spencer Elijah (North Carolina)

Bressler, Steven Y (North Carolina)

Goin, Lucia (North Carolina)

Graunke, Kristi L. (North Carolina)

Hickman, Johanna (North Carolina)

Attorney for Defendant

Attorney for Plaintiff

Amdur, Spencer Elijah (North Carolina)

Bressler, Steven Y (North Carolina)

Goin, Lucia (North Carolina)

Graunke, Kristi L. (North Carolina)

Hickman, Johanna (North Carolina)

Huddleston, Kathryn Lynn (North Carolina)

Maffetore, Jaclyn (North Carolina)

Netter, Brian D. (North Carolina)

Perwez, Adnan (North Carolina)

Roman, Oscar Sarabia (North Carolina)

Scott, Corina Ryan (North Carolina)

Smith, Noelle (North Carolina)

Sussman, Jacob H. (North Carolina)

Attorney for Defendant

Ray, Amy E. (North Carolina)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 3:26-cv-00146	Class Action Complaint for Injunctive and Declaratory Relief	Feb. 24, 2026	Feb. 24, 2026 Complaint
35 3:26-cv-00146	First Amended and Supplemental Class Action Complaint for Injunctive and Declaratory Relief	Oct. 1, 2026	Oct. 1, 2026 Complaint
36 3:26-cv-00146	Plaintiffs' Motion for Preliminary Injunction and/or Stay of Agency Action Aceituno et al. v. U.S. Department of Homeland Security et al.	Oct. 1, 2026	Oct. 1, 2026 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/72322839/aceituno-v-us-department-of-homeland-security/

Last updated Nov. 11, 2026, 3:57 a.m.

Docket for: Aceituno v. U.S. Department of Homeland Security

ECF Number	Date	Description	Link
1	Feb. 24, 2026	COMPLAINT for Injunctive and Declaratory Relief- Class Action against The U.S. Department of Homeland Security, Kristi Noem, U.S. Customs and Border Protection, Rodney S. Scott, Michael W. Banks, Todd Lyons, Sean Gallagher, U.S. Border Patrol.( Filing fee $ 405 receipt number ANCWDC-7339235), filed by Ruben Arguera Lopez, Yoshi Cuenca Villamar, Willy Wender Aceituno, Edwin Godinez, Yair Alexander Napoles.(Graunke, Kristi) Modified docket text on 2/25/2026 (llp). (Entered: 02/24/2026)	Clearinghouse
2	Feb. 24, 2026	NOTICE of Appearance by Jacob H. Sussman on behalf of All Plaintiffs (Sussman, Jacob) (Entered: 02/24/2026)	RECAP
	Feb. 25, 2026	Standing Order Regarding Use of Artificial Intelligence
	Feb. 25, 2026	Case Assigned/Reassigned
	Feb. 25, 2026	Case assigned to District Judge Susan C Rodriguez and US Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(llp)
	Feb. 25, 2026	Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the Standing Order (llp)
	Feb. 25, 2026	Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the Standing Order (l lp)
3	Feb. 26, 2026	NOTICE of Appearance by Jaclyn Maffetore on behalf of All Plaintiffs (Maffetore, Jaclyn) (Entered: 02/26/2026)	RECAP
4	Feb. 26, 2026	MOTION for Leave to Appear Pro Hac Vice as to Johanna Hickman Filing fee $ 300, receipt number ANCWDC-7341872. by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles. (Sussman, Jacob). Motions referred to W. Carleton Metcalf. (Main Document 4 replaced on 2/27/2026) (sc). (Entered: 02/26/2026)	RECAP
5	Feb. 26, 2026	MOTION for Leave to Appear Pro Hac Vice as to Steven Y. Bressler Filing fee $ 300, receipt number ANCWDC-7341883. by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles. (Sussman, Jacob). Motions referred to W. Carleton Metcalf. (Main Document 5 replaced on 2/27/2026) (sc). (Entered: 02/26/2026)	RECAP
6	Feb. 26, 2026	MOTION for Leave to Appear Pro Hac Vice as to Brian D. Netter Filing fee $ 300, receipt number ANCWDC-7341891. by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles. (Sussman, Jacob). Motions referred to W. Carleton Metcalf. (Main Document 6 replaced on 2/27/2026) (sc). (Entered: 02/26/2026)	RECAP
7	Feb. 26, 2026	MOTION for Leave to Appear Pro Hac Vice as to Adnan Perwez Filing fee $ 300, receipt number ANCWDC-7341904. by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles. (Sussman, Jacob). Motions referred to W. Carleton Metcalf. (Main Document 7 replaced on 2/27/2026) (sc). (Entered: 02/26/2026)	RECAP
8	Feb. 27, 2026	ORDER granting 4 Motion for Leave to Appear Pro Hac Vice added Johanna Hickman for Willy Wender Aceituno,Johanna Hickman for Ruben Arguera Lopez,Johanna Hickman for Yoshi Cuenca Villamar,Johanna Hickman for Edwin Godinez,Johanna Hickman for Yair Alexander Napoles (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 2/26/2026. (sc) (Entered: 02/27/2026)	RECAP
9	Feb. 27, 2026	ORDER granting 5 Motion for Leave to Appear Pro Hac Vice added Steven Y Bressler for Willy Wender Aceituno,Steven Y Bressler for Ruben Arguera Lopez,Steven Y Bressler for Yoshi Cuenca Villamar,Steven Y Bressler for Edwin Godinez,Steven Y Bressler for Yair Alexander Napoles (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 2/26/2026. (sc) (Entered: 02/27/2026)	RECAP
10	Feb. 27, 2026	ORDER granting 6 Motion for Leave to Appear Pro Hac Vice added Brian D. Netter for Willy Wender Aceituno,Brian D. Netter for Ruben Arguera Lopez,Brian D. Netter for Yoshi Cuenca Villamar,Brian D. Netter for Edwin Godinez,Brian D. Netter for Yair Alexander Napoles (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 2/26/2026. (sc) (Entered: 02/27/2026)	RECAP
11	Feb. 27, 2026	ORDER granting 7 Motion for Leave to Appear Pro Hac Vice added Adnan Perwez for Willy Wender Aceituno,Adnan Perwez for Ruben Arguera Lopez,Adnan Perwez for Yoshi Cuenca Villamar,Adnan Perwez for Edwin Godinez,Adnan Perwez for Yair Alexander Napoles (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 2/26/2026. (sc) (Entered: 02/27/2026)	RECAP
12	Feb. 27, 2026	Summons Issued Electronically as to Michael W. Banks, Sean Gallagher, Todd Lyons, Kristi Noem, Rodney S. Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, US Attorney and US Attorney General. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4. (llp) (Entered: 02/27/2026)	RECAP
13	Feb. 27, 2026	MOTION for Leave to Appear Pro Hac Vice as to Spencer Amdur Filing fee $ 300, receipt number ANCWDC-7345223. by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles. (Graunke, Kristi). Motions referred to W. Carleton Metcalf. (Entered: 02/27/2026)	RECAP
14	Feb. 27, 2026	MOTION for Leave to Appear Pro Hac Vice as to Lucia Goin Filing fee $ 300, receipt number ANCWDC-7345224. by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles. (Graunke, Kristi). Motions referred to W. Carleton Metcalf. (Entered: 02/27/2026)	RECAP
15	Feb. 27, 2026	MOTION for Leave to Appear Pro Hac Vice as to Kathryn Huddleston Filing fee $ 300, receipt number ANCWDC-7345225. by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles. (Graunke, Kristi). Motions referred to W. Carleton Metcalf. (Entered: 02/27/2026)	RECAP
16	Feb. 27, 2026	MOTION for Leave to Appear Pro Hac Vice as to Oscar Sarabia Roman Filing fee $ 300, receipt number ANCWDC-7345226. by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles. (Graunke, Kristi). Motions referred to W. Carleton Metcalf. (Entered: 02/27/2026)	RECAP
	Feb. 27, 2026	Notice - Out of State Counsel
	Feb. 27, 2026	Notice to Johanna Hickman: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/6/2026. (sc)
	Feb. 27, 2026	Notice to Steven Y. Bressler: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/6/2026. (sc)
	Feb. 27, 2026	Notice to Brian D. Netter: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/6/2026. (sc)
	Feb. 27, 2026	Notice to Adnan Perwez: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/6/2026. (sc)
17	March 2, 2026	NOTICE of Appearance by Corina Ryan Scott on behalf of All Plaintiffs (Scott, Corina) (Main Document 17 replaced with the flatten PDF format on 3/2/2026) (llp). (Entered: 03/02/2026)	RECAP
	March 2, 2026	Notice - Out of State Counsel
	March 2, 2026	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 AND Order on Motion for Leave to Appear Pro Hac Vice
	March 2, 2026	TEXT-ONLY ORDER granting 13, 14, 15, 16 Motion for Leave to Appear Pro Hac Vice added Spencer Elijah Wittman Amdur,Lucia Goin,Kathryn Lynn Huddleston, Oscar Sarabia Roman for all plaintiffs (Pro Hac Vice Attorney served via NEF). Entered by District Judge Susan C Rodriguez on 2/27/2026. (mdp)
	March 2, 2026	Notice to Spencer Elijah Wittman Amdur: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/9/2026. (mdp)
	March 2, 2026	Notice to Lucia Goin: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/9/2026. (mdp)
	March 2, 2026	Notice to Katheryn Lynn Huddleston: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/9/2026. (mdp)
	March 2, 2026	Notice to Oscar Sarabia Roman: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/9/2026. (mdp)
18	March 5, 2026	Summons Issued Electronically as to Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, US Attorney and US Attorney General. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4. (llp) (Entered: 03/05/2026)	RECAP
19	March 11, 2026	NOTICE of Appearance by Amy E. Ray on behalf of All Defendants (Ray, Amy) (Entered: 03/11/2026)	RECAP
20	March 17, 2026	SUMMONS Returned Executed by Ruben Arguera Lopez, Yoshi Cuenca Villamar, Willy Wender Aceituno, Edwin Godinez, Yair Alexander Napoles. Michael W. Banks served on 3/9/2026, answer due 5/8/2026; Sean Gallagher served on 3/9/2026, answer due 5/8/2026; Todd Lyons served on 3/9/2026, answer due 5/8/2026; Kristi Noem served on 3/9/2026, answer due 5/8/2026; Rodney S. Scott served on 3/9/2026, answer due 5/8/2026; U.S. Border Patrol served on 3/9/2026, answer due 5/8/2026; U.S. Customs and Border Protection served on 3/9/2026, answer due 5/8/2026; U.S. Department of Homeland Security served on 3/9/2026, answer due 5/8/2026; U.S. Immigration and Customs Enforcement served on 3/9/2026, answer due 5/8/2026. (Graunke, Kristi) Modified docket text on 3/18/2026 (llp). (Entered: 03/17/2026)	RECAP
	March 18, 2026	Set/Reset Deadlines: Michael W. Banks answer due 5/8/2026; Rodney S. Scott answer due 5/8/2026; U.S. Border Patrol answer due 5/8/2026; U.S. Customs and Border Protection answer due 5/8/2026; U.S. Department of Homeland Security answer due 5/8/2026. (llp)
	March 18, 2026	Set/Reset Deadlines
21	April 28, 2026	MOTION for Extension of Time to Answer re: 1 Complaint, by Michael W. Banks, Sean Gallagher, Todd Lyons, Kristi Noem, Rodney S. Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Ray, Amy). Motions referred to W. Carleton Metcalf. (Entered: 04/28/2026)	RECAP
22	May 4, 2026	RESPONSE in Opposition re 21 MOTION for Extension of Time to Answer re: 1 Complaint, by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles. Replies due by 5/11/2026 (Sussman, Jacob) (Entered: 05/04/2026)	RECAP
	May 5, 2026	Order on Motion for Extension of Time
	May 5, 2026	TEXT-ONLY ORDER: The 21 Motion for Extension of Time is GRANTED IN PART, and the deadline for Defendants to file an answer or otherwise respond to Plaintiffs' Complaint is EXTENDED to and including June 8, 2026. Entered by US Magistrate Judge W. Carleton Metcalf on 5/5/2026. (slm)
23	June 8, 2026	MOTION to Dismiss by Michael W. Banks, Sean Gallagher, Todd Lyons, Kristi Noem, Rodney S. Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Responses due by 6/22/2026 (Ray, Amy). Motions referred to W. Carleton Metcalf. (Entered: 06/08/2026)	RECAP
24	June 8, 2026	MEMORANDUM in Support re 23 MOTION to Dismiss by Michael W. Banks, Sean Gallagher, Todd Lyons, Kristi Noem, Rodney S. Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Ray, Amy) (Entered: 06/08/2026)	RECAP
25	June 12, 2026	Consent MOTION for Extension of Time to File Response/Reply re: 23 MOTION to Dismiss by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles. Responses due by 6/26/2026 (Hickman, Johanna). Motions referred to W. Carleton Metcalf. (Entered: 06/12/2026)	RECAP
	June 15, 2026	TEXT-ONLY ORDER granting 25 Motion for Extension of Time to File Response/Reply re 23 MOTION to Dismiss Responses due by 7/1/2026 Text of Order: ORDER: Plaintiff's Consent Motion for Extension of Time is GRANTED, and the deadline for Plaintiff to respond to the Motion to Dismiss is EXTENDED to and including July 1, 2026. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 6/15/2026. (kkb)
	June 15, 2026	Order on Motion for Extension of Time
26	June 25, 2026	MOTION for Leave to Appear Pro Hac Vice as to Noelle Smith Filing fee $ 300, receipt number ANCWDC-7498417. by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles. (Graunke, Kristi). Motions referred to W. Carleton Metcalf. (Entered: 06/25/2026)	RECAP
27	July 1, 2026	ORDER granting 26 Motion for Leave to Appear Pro Hac Vice. Added Noelle Smith for Willy Wender Aceituno,Noelle Smith for Ruben Arguera Lopez,Noelle Smith for Yoshi Cuenca Villamar,Noelle Smith for Edwin Godinez,Noelle Smith for Yair Alexander Napoles (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 7/1/2026. (sc) (Entered: 07/01/2026)	RECAP
28	July 1, 2026	RESPONSE in Opposition re 23 MOTION to Dismiss by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles. Replies due by 7/8/2026 (Scott, Corina) (Entered: 07/01/2026)	RECAP
	July 1, 2026	Notice - Out of State Counsel
	July 1, 2026	Notice to Noelle Smith: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 7/8/2026. (sc)
29	July 13, 2026	MOTION for Extension of Time to File Response/Reply re: 23 MOTION to Dismiss by Michael W. Banks, Sean Gallagher, Todd Lyons, Kristi Noem, Rodney S. Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Responses due by 7/27/2026 (Ray, Amy). Motions referred to W. Carleton Metcalf. (Entered: 07/13/2026)	RECAP
	July 13, 2026	Order on Motion for Extension of Time
	July 13, 2026	TEXT-ONLY ORDER granting 29 Motion for Extension of Time to File Response/Reply re 23 MOTION to Dismiss Replies due by 7/17/2026 Text of Order: For the reasons stated therein, Defendants' Motion for Extension of Time (Doc. 29) is GRANTED, and the deadline for Defendants to reply to Plaintiffs' response (Doc. 28) is extended to and including July 17, 2026. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on July 13, 2026. (MRS)
30	July 16, 2026	MOTION for Leave to File Excess Pages for Reply Brief by Michael W. Banks, Sean Gallagher, Todd Lyons, Kristi Noem, Rodney S. Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Responses due by 7/30/2026 (Ray, Amy). Motions referred to W. Carleton Metcalf. (Entered: 07/16/2026)	RECAP
31	July 17, 2026	REPLY to Response to Motion re 23 MOTION to Dismiss by Michael W. Banks, Sean Gallagher, Todd Lyons, Kristi Noem, Rodney S. Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Ray, Amy) (Entered: 07/17/2026)	RECAP
	July 17, 2026	TEXT-ONLY ORDER granting 30 Motion for Leave to File Excess Pages Text of Order: ORDER: The Motion for Leave to File a Reply Brief Exceeding Page Limit is GRANTED, and the United States is GRANTED LEAVE to file a reply brief of up to 20 pages. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 7/17/2026. (kkb)
	July 17, 2026	Order on Motion for Leave to File Excess Pages
	Aug. 6, 2026	Case reassigned to US Magistrate Judge Mark Talinao Odulio. US Magistrate Judge W. Carleton Metcalf no longer assigned to the case. Motions referred to Mark Talinao Odulio: 23 MOTION to Dismiss This is your only notice - you will not receive a separate document. (slm)
	Aug. 6, 2026	Case Assigned/Reassigned
32	Sept. 24, 2026	Consent MOTION for Leave to File Excess Pages for Preliminary Injunction Brief by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles. Responses due by 10/8/2026 (Sussman, Jacob). Motions referred to Mark Talinao Odulio. (Entered: 09/24/2026)	RECAP
33	Sept. 25, 2026	Consent MOTION to Amend/Correct Complaint by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles. Responses due by 10/9/2026 (Attachments: # 1 Exhibit A) (Hickman, Johanna). Motions referred to Mark Talinao Odulio. (Entered: 09/25/2026) 1 Exhibit A View on PACER	RECAP
34	Sept. 25, 2026	MEMORANDUM in Support re 33 Consent MOTION to Amend/Correct Complaint by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles. (Hickman, Johanna) (Entered: 09/25/2026)	RECAP
35	Oct. 1, 2026	AMENDED COMPLAINT against All Defendants filed by Ruben Arguera Lopez, Yoshi Cuenca Villamar, Willy Wender Aceituno, Edwin Godinez, Yair Alexander Napoles, Fernando Vazquez Orea. (Scott, Corina) (Main Document 35 replaced at request of counsel with corrected document on 10/2/2026) (ps). (Entered: 10/01/2026)	Clearinghouse
36	Oct. 1, 2026	MOTION for Preliminary Injunction or Stay of Agency Action by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles, Fernando Vazquez Orea. Responses due by 10/15/2026 (Attachments: # 1 Exhibit 1 - Aceituno Declaration, # 2 Exhibit 2- Cuenca Declaration, # 3 Exhibit 3- Arguera Lopez Declaration, # 4 Exhibit 4 - Napoles Declaration, # 5 Exhibit 5 - Godinez Declaration, # 6 Exhibit 6 - Vazquez Declaration, # 7 Exhibit 7 - Findell Article, # 8 Exhibit 8 - Bier Article, # 9 Exhibit 9 - Aleaziz Article, # 10 Exhibit 10 - Armus & Gathright Article, # 11 Exhibit 11 - DHS article, # 12 Exhibit 12 - Casillas Article, # 13 Exhibit 13 - X post by DHS, # 14 Exhibit 14 - Oliver Article, # 15 Exhibit 15 - Iafrate Article, # 16 Exhibit 16 - Biba Article, # 17 Exhibit 17 - Deportation Data 1 Article, # 18 Exhibit 18 - Siembra Declaration, # 19 Exhibit 19 - Carolina Migrant Network Declaration, # 20 Exhibit 20 - Rebolloso Declaration, # 21 Exhibit 21 - Sunn and McCann Article, # 22 Exhibit 22 - DHS post North Carolina, # 23 Exhibit 23 - Battaglia Article, # 24 Exhibit 24 - Ortiz Article, # 25 Exhibit 25 - McGlade Article, # 26 Exhibit 26 - Rogel Alvarenga Declaration, # 27 Exhibit 27 - Rosales Declaration, # 28 Exhibit 28 - Betancur Declaration, # 29 Exhibit 29 - NAHB Article, # 30 Exhibit 30 - Salazar Declaration, # 31 Exhibit 31 - Medina Article, # 32 Exhibit 32 - Gomez Corrales Declaration, # 33 Exhibit 33 - Biba Article, # 34 Exhibit 34 - Santana Article, # 35 Exhibit 35 - Contributions of New Americans Report, # 36 Exhibit 36 - ICE expansion Article, # 37 Exhibit 37 - WCNC Article, # 38 Exhibit 38 - Dowding Article, # 39 Exhibit 39 - Farrington Article, # 40 Exhibit 40 - ACLU SC Press Release, # 41 Exhibit 41 - Ulloa Article, # 42 Exhibit 42 - Lyons Memo, # 43 Exhibit 43 - Kingdollar Article, # 44 Exhibit 44 - Deportation Data 2 Article, # 45 Exhibit 45 - Yang Article, # 46 Exhibit 46 - Hickman Declaration) (Scott, Corina) (Entered: 10/01/2026) 1 Exhibit 1 - Aceituno Declaration View on PACER 2 Exhibit 2- Cuenca Declaration View on PACER 3 Exhibit 3- Arguera Lopez Declaration View on PACER 4 Exhibit 4 - Napoles Declaration View on PACER 5 Exhibit 5 - Godinez Declaration View on PACER 6 Exhibit 6 - Vazquez Declaration View on PACER 7 Exhibit 7 - Findell Article View on PACER 8 Exhibit 8 - Bier Article View on PACER 9 Exhibit 9 - Aleaziz Article View on PACER 10 Exhibit 10 - Armus & Gathright Article View on PACER 11 Exhibit 11 - DHS article View on PACER 12 Exhibit 12 - Casillas Article View on PACER 13 Exhibit 13 - X post by DHS View on PACER 14 Exhibit 14 - Oliver Article View on PACER 15 Exhibit 15 - Iafrate Article View on PACER 16 Exhibit 16 - Biba Article View on PACER 17 Exhibit 17 - Deportation Data 1 Article View on PACER 18 Exhibit 18 - Siembra Declaration View on PACER 19 Exhibit 19 - Carolina Migrant Network Declaration View on PACER 20 Exhibit 20 - Rebolloso Declaration View on PACER 21 Exhibit 21 - Sunn and McCann Article View on PACER 22 Exhibit 22 - DHS post North Carolina View on PACER 23 Exhibit 23 - Battaglia Article View on PACER 24 Exhibit 24 - Ortiz Article View on PACER 25 Exhibit 25 - McGlade Article View on PACER 26 Exhibit 26 - Rogel Alvarenga Declaration View on PACER 27 Exhibit 27 - Rosales Declaration View on PACER 28 Exhibit 28 - Betancur Declaration View on PACER 29 Exhibit 29 - NAHB Article View on PACER 30 Exhibit 30 - Salazar Declaration View on PACER 31 Exhibit 31 - Medina Article View on PACER 32 Exhibit 32 - Gomez Corrales Declaration View on PACER 33 Exhibit 33 - Biba Article View on PACER 34 Exhibit 34 - Santana Article View on PACER 35 Exhibit 35 - Contributions of New Americans Report View on PACER 36 Exhibit 36 - ICE expansion Article View on PACER 37 Exhibit 37 - WCNC Article View on PACER 38 Exhibit 38 - Dowding Article View on PACER 39 Exhibit 39 - Farrington Article View on PACER 40 Exhibit 40 - ACLU SC Press Release View on PACER 41 Exhibit 41 - Ulloa Article View on PACER 42 Exhibit 42 - Lyons Memo View on PACER 43 Exhibit 43 - Kingdollar Article View on PACER 44 Exhibit 44 - Deportation Data 2 Article View on PACER 45 Exhibit 45 - Yang Article View on PACER 46 Exhibit 46 - Hickman Declaration View on PACER	Clearinghouse
37	Oct. 1, 2026	MEMORANDUM in Support re 36 MOTION for Preliminary Injunction or Stay of Agency Action by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles, Fernando Vazquez Orea. (Scott, Corina) (Entered: 10/01/2026)	RECAP
38	Oct. 1, 2026	MOTION to Certify Class by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles, Fernando Vazquez Orea. Responses due by 10/15/2026 (Attachments: # 1 Exhibit 1 - Kristi L. Graunke Declaration, # 2 Exhibit 2 - Kathryn Huddleston Declaration, # 3 Exhibit 3 - Jacob H. Sussman Declaration, # 4 Exhibit 4 - Steven Y. Bressler Declaration) (Scott, Corina) (Entered: 10/01/2026) 1 Exhibit 1 - Kristi L. Graunke Declaration View on PACER 2 Exhibit 2 - Kathryn Huddleston Declaration View on PACER 3 Exhibit 3 - Jacob H. Sussman Declaration View on PACER 4 Exhibit 4 - Steven Y. Bressler Declaration View on PACER	RECAP
39	Oct. 1, 2026	MEMORANDUM in Support re 38 MOTION to Certify Class by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles, Fernando Vazquez Orea. (Scott, Corina) (Entered: 10/01/2026)	RECAP
	Oct. 1, 2026	Order on Motion to Dismiss
	Oct. 1, 2026	Order on Motion to Amend/Correct
	Oct. 1, 2026	Order on Motion for Leave to File Excess Pages
	Oct. 1, 2026	TEXT-ONLY ORDER granting 32 Motion for Leave to File Excess Pages. So Ordered. Entered by District Judge Susan C Rodriguez on 10/1/2026. (DLG)
	Oct. 1, 2026	TEXT-ONLY ORDER granting 33 Consent Motion to Amend Complaint. Plaintiffs shall file their Amended Complaint within 10 days of this Order. Defendants' 23 Motion to Dismiss will be denied as moot without prejudice by separate Text-Only Order. So Ordered. Entered by District Judge Susan C Rodriguez on 10/1/2026. (DLG)
	Oct. 1, 2026	TEXT-ONLY ORDER finding as moot 23 Motion to Dismiss. Plaintiffs' 33 Consent Motion to Amend Complaint has been granted. See Text-Only Order entered 10/1/2026. Accordingly, this 23 Motion is denied as moot without prejudice. Fed. R. Civ. P. 15(a)(1)(B); Hall v. Int'l Union, United Auto., Aerospace & Agric. Implement Workers of Am., No. 3:10-CV-418-RJC-DSC, 2011 WL 4014315, at *1 (W.D.N.C. June 21, 2011)("It is well-settled that an amended pleading supersedes the original pleading, and that motions directed at superseded pleadings are to be denied as moot.")(citing Young v. City of Mount Ranier, 238 F.3d 567, 572-73 (4th Cir. 2001)). So Ordered. Entered by District Judge Susan C Rodriguez on 10/1/2026. (DLG)
40	Oct. 7, 2026	Exhibit by Willy Wender Aceituno, Ruben Arguera Lopez, Yoshi Cuenca Villamar, Edwin Godinez, Yair Alexander Napoles, Fernando Vazquez Orea. Exhibit to 36 Motion for Preliminary Injunction, (cjs) (Entered: 10/07/2026)	RECAP
	Oct. 7, 2026	Exhibit
41	Oct. 14, 2026	MOTION for Extension of Time to File Response/Reply re: 38 MOTION to Certify Class, 36 MOTION for Preliminary Injunction or Stay of Agency Action and Respond to the Amended Complaint by Michael W. Banks, Sean Gallagher, Todd Lyons, Kristi Noem, Rodney S. Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Responses due by 10/28/2026 (Ray, Amy). Motions referred to Mark Talinao Odulio. (Entered: 10/14/2026)	RECAP
42	Oct. 21, 2026	ORDER granting Defendants' 41 Motion for Extension of Time to File Response/Reply re 36 MOTION for Preliminary Injunction or Stay of Agency Action. Responses due by 11/9/2026 Replies due by 11/16/2026. Defendants shall filea Answer, or otherwise respond to Plaintiffs' Amended Complaint (Doc. No. 35), on or before November 13, 2026. Defendants shall file a Response to Plaintiffs' Motion to Certify Class (Doc. No. 38) on or before November 13, 2026, and Plaintiffs shall file a Reply on or before November 20, 2026. Signed by US Magistrate Judge David Keesler on 10/21/2026. (mga) (Entered: 10/21/2026)	RECAP
	Oct. 21, 2026	Set Motion and M&R Deadlines/Hearings AND Set/Reset Deadlines
	Oct. 21, 2026	Set/Reset Deadlines as to 38 MOTION to Certify Class .( Responses due by 11/13/2026, Replies due by 11/20/2026 ), Set/Reset Deadlines: Michael W. Banks answer due 11/13/2026; Sean Gallagher answer due 11/13/2026; Todd Lyons answer due 11/13/2026; U.S. Border Patrol answer due 11/13/2026; U.S. Customs and Border Protection answer due 11/13/2026; U.S. Department of Homeland Security answer due 11/13/2026; U.S. Immigration and Customs Enforcement answer due 11/13/2026. (mga)
43	Oct. 23, 2026	Withdraw 1 Proposed Order View on PACER	RECAP
	Oct. 27, 2026	Order on Motion to Withdraw
44	Nov. 5, 2026	Extension of Time	RECAP
45	Nov. 6, 2026	Memorandum in Opposition to Motion	RECAP

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Case Details

State / Territory:

North Carolina

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Immigration Enforcement

Key Dates

Filing Date: Feb. 24, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are a putative class of North Carolinians who have been, or will be, subject to a warrantless immigration arrest without a valid pre-arrest, individualized determination of probable cause that the person being arrested is in the United States in violation of law or regulation regulating the admission, exclusion, expulsion, or removal of noncitizens in violation of 8 U.S.C. § 1357(a)(2), 8 C.F.R. § 287.8(c)(2)(ii).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Democracy Forward

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Federal

U.S. Border Patrol

U.S. Customs and Border Protection

U.S. Department of Homeland Security

U.S. Immigration and Customs Enforcement

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Unreasonable search and seizure

Other Dockets:

Western District of North Carolina 3:26-cv-00146

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Relief Granted:

Source of Relief:

None yet

Issues

Immigration/Border:

Constitutional rights

ICE/DHS/INS raid

Policing:

False arrest

Recommended Citation

Case Summary of Aceituno v. U.S. Department of Homeland Security, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47858/ (last updated 3/2/2026).