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

The plaintiffs in this case are a group of Latino men in North Carlonia, who are lawful residents of the United States, and allege that in 2026, they were arrested by Department of Homeland Security (DHS) agency without probable cause 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 hundred 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 are presiding over this case.

According to the complaint, these sorts of stops would be in violation of 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.” The “reason to believe” standard in § 1357(a)(2) is the equivalent of “probable cause.” United States v. Segura-Gomez, 2018 WL 6582823. Federal regulations track the statutory limitations on warrantless arrests, and further require immigration officers to identify themselves and state the reason for an arrest. Id. § 287.8(c)(2)(iii). The plaintiffs alleged that DHS agents were engaging in a pattern of ignoring these standards when making arrests, and requested that the Court set aside the DHS practice as unlawful under the Administrative Procedures Act (APA) and the INA.

This case is ongoing.

Summary Authors

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

Bressler, Steven Y (North Carolina)

Graunke, Kristi L. (North Carolina)

Hickman, Johanna (North Carolina)

Maffetore, Jaclyn (North Carolina)

Netter, Brian D. (North Carolina)

Attorney for Plaintiff

Bressler, Steven Y (North Carolina)

Graunke, Kristi L. (North Carolina)

Hickman, Johanna (North Carolina)

Maffetore, Jaclyn (North Carolina)

Netter, Brian D. (North Carolina)

Perwez, Adnan (North Carolina)

Scott, Corina Ryan (North Carolina)

Sussman, Jacob H. (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

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Docket

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

Last updated July 22, 2026, 3:29 a.m.

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)
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	Dismiss	RECAP
24	June 8, 2026	Memorandum in Support of Motion	RECAP
25	June 12, 2026	Extension of Time	RECAP
	June 15, 2026	Order on Motion for Extension of Time
26	June 25, 2026	Appear Pro Hac Vice - one motion per atty	RECAP
27	July 1, 2026	Order on Motion for Leave to Appear Pro Hac Vice	RECAP
28	July 1, 2026	Response in Opposition to Motion	RECAP
	July 1, 2026	Notice - Out of State Counsel
29	July 13, 2026	Extension of Time	RECAP
	July 13, 2026	Order on Motion for Extension of Time
30	July 16, 2026	File Excess Pages	RECAP
31	July 17, 2026	Reply to Response to Motion	RECAP
	July 17, 2026	Order on Motion for Leave to File Excess Pages

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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

Kristi Noem

Michael W. Banks

Rodney S. Scott

Todd Lyons

U.S. Border Patrol

U.S. Customs and Border Protection

U.S. Department of Homeland Security

U.S. Immigration and Customs Enforcement

Regional

Sean Gallagher

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.

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

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).