Case: N. v. U.S. Department of Health and Human Services

1:26-cv-00577 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 23, 2026

Case Ongoing

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case.] The Plaintiffs and the putative class they represent are children who were living with their families in the United States when they were suddenly uprooted from their communities and put back into  Office of Refugee Resettlement (ORR) custody. They allege that children who were released from the custody of the ORR to vetted and approved sponsors, often parents or close family members, are being re-detained and held for prolonged periods in…

[This summary is temporary while we research the case.]

The Plaintiffs and the putative class they represent are children who were living with their families in the United States when they were suddenly uprooted from their communities and put back into  Office of Refugee Resettlement (ORR) custody. They allege that children who were released from the custody of the ORR to vetted and approved sponsors, often parents or close family members, are being re-detained and held for prolonged periods in federal immigration custody despite having family members available and eager to continue caring for them. These children were re-arrested by the Department of Homeland Security (DHS) and re-referred to ORR within the Department of Health and Human Services (HHS) after having lived with their families in the United States for months and sometimes years. Plaintiffs challenged ORR’s “blanket policy of requiring all previously approved sponsors to reapply for sponsorship” while detaining children in its custody,  and allege that such policy violates the Fifth Amendment and the Administrative Procedure Act.

Summary Authors

Jinan Abufarha (3/2/2026)

Haleigh Knowles (3/21/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72313370/parties/n-v-us-department-of-health-and-human-services/


Judge(s)
Attorney for Plaintiff

Deffebach, Anna Lynn (District of Columbia)

Gramont, Diane DE (District of Columbia)

McElvain, Joel L. (District of Columbia)

Attorney for Defendant

Alsterberg, Cara Elizabeth (District of Columbia)

McCroskey, Joshua Clayton (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:26-cv-00577

Complaint for Declaratory and Injunctive Relief

Feb. 23, 2026

Feb. 23, 2026

Complaint
11

1:26-cv-00577

Memorandum Opinion and Order

N. v. United States Department of Health and Human Services

March 2, 2026

March 2, 2026

Order/Opinion

2026 WL 571216

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72313370/n-v-us-department-of-health-and-human-services/

Last updated March 21, 2026, 6:47 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All DEFENDANTS ( Filing fee $ 405 receipt number ADCDC-12258924) filed by MARIO C., RENESME R., DIEGO N., BENITO S.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Wolozin, Rebecca) Modified on 2/23/2026 to correct docket text (zjm). (Attachment 1 replaced on 2/23/2026) (zmtm). (Entered: 02/23/2026)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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Feb. 23, 2026

Feb. 23, 2026

Clearinghouse
2

SEALED MOTION to Proceed Under Pseudonym filed by MARIO C., DIEGO N., RENESME R., BENITO S. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit Table of Pseudonyms)(Wolozin, Rebecca) (Entered: 02/23/2026)

Feb. 23, 2026

Feb. 23, 2026

3

SEALED DOCUMENT filed by MARIO C., DIEGO N., RENESME R., BENITO S. re 1 Complaint, (This document is SEALED and only available to authorized persons.)(Wolozin, Rebecca) (Entered: 02/23/2026)

Feb. 23, 2026

Feb. 23, 2026

4

MOTION to Certify Class by MARIO C., DIEGO N., RENESME R., BENITO S.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit List, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10)(Wolozin, Rebecca) (Entered: 02/23/2026)

Feb. 23, 2026

Feb. 23, 2026

5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Diane de Gramont, Filing fee $ 100, receipt number BDCDC-12259964. Fee Status: Fee Paid. by MARIO C., DIEGO N., RENESME R., BENITO S.. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Text of Proposed Order)(Wolozin, Rebecca) (Entered: 02/23/2026)

Feb. 23, 2026

Feb. 23, 2026

6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mishan Wroe, Filing fee $ 100, receipt number ADCDC-12260026. Fee Status: Fee Paid. by MARIO C., DIEGO N., RENESME R., BENITO S.. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Text of Proposed Order)(Wolozin, Rebecca) (Entered: 02/23/2026)

Feb. 23, 2026

Feb. 23, 2026

7

NOTICE of Appearance by Joel L. McElvain on behalf of All Plaintiffs (McElvain, Joel) (Entered: 02/23/2026)

Feb. 23, 2026

Feb. 23, 2026

8

NOTICE of Appearance by Anna Lynn Deffebach on behalf of All Plaintiffs (Deffebach, Anna) (Entered: 02/23/2026)

Feb. 23, 2026

Feb. 23, 2026

9

NOTICE of Appearance by Robin F. Thurston on behalf of MARIO C., DIEGO N., RENESME R., BENITO S. (Thurston, Robin) (Entered: 02/24/2026)

Feb. 24, 2026

Feb. 24, 2026

10

MOTION for Preliminary Injunction by MARIO C., DIEGO N., RENESME R., BENITO S.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Wolozin, Rebecca) (Entered: 02/24/2026)

1 Memorandum in Support

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2 Text of Proposed Order

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Feb. 24, 2026

Feb. 24, 2026

11

MEMORANDUM OPINION AND ORDER: The Court ORDERS that: 1) Plaintiffs' 2 Motion for Leave to File Under Pseudonym and Under Seal is GRANTED IN PART and DENIED IN PART, subject to any further consideration by the United States District Judge to wh om this case is randomly assigned; 2) All parties shall use the pseudonyms listed in the Complaint in all documents filed in this action; and 3) Within fourteen days of this Order, Plaintiffs shall file a pseudonymous version of their 2 Motion and any attachments as a Notice to the Court on the public docket and a sealed declaration containing their real names and residential addresses. Signed by Chief Judge James E. Boasberg on March 2, 2026. (lcjeb3) Modified to add memorandum opinion on 3/2/2026 (znbn).

March 2, 2026

March 2, 2026

Clearinghouse
12

NOTICE of Appearance by Joshua Clayton McCroskey on behalf of All Defendants (McCroskey, Joshua) (Entered: 03/02/2026)

March 2, 2026

March 2, 2026

13

NOTICE of Appearance by Cara Elizabeth Alsterberg on behalf of All Defendants (Alsterberg, Cara) (Entered: 03/02/2026)

March 2, 2026

March 2, 2026

14

Consent MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Preliminary Injunction until March 10, 2026 by ROBERT FRANCIS KENNEDY, JR, OFFICE OF REFUGEE RESETTLEMENT, ANGIE SALAZAR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Alsterberg, Cara) (Entered: 03/02/2026)

March 2, 2026

March 2, 2026

15

SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 03/03/2026)

March 3, 2026

March 3, 2026

Case Assigned/Reassigned

March 3, 2026

March 3, 2026

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

March 3, 2026

March 3, 2026

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines/Hearings

March 3, 2026

March 3, 2026

Case Assigned to Judge Carl J. Nichols. (znmw)

March 3, 2026

March 3, 2026

MINUTE ORDER. Defendants' 14 Consent Motion for Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction is GRANTED. Defendants' shall respond to 10 Plaintiffs' Motion for Preliminary Injunction on or before March 10, 2026. Plaintiffs shall file a Reply on or before March 17, 2026. The Parties shall appear in Courtroom 17 for a hearing on the 10 Motion for Preliminary Injunction at 2:00 p.m. on March 24, 2026. So ORDERED by Judge Carl J. Nichols on 03/03/2026. (lccjn3)

March 3, 2026

March 3, 2026

MINUTE ORDER. The Court having considered the 5 6 Motions for Admission Pro Hac Vice of Diane de Gramont and Mishan Wroe, and it appearing to the Court that the attorneys referenced therein meet the requirements for pro hac vice admission under Local Civil Rule 83.2(e), it is hereby ORDERED that the motions are GRANTED. It is further ORDERED that Diane de Gramont and Mishan Wroe are ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. So ORDERED by Judge Carl J. Nichols on 03/03/2026. (lccjn3)

March 3, 2026

March 3, 2026

16

NOTICE of Appearance by Jesse Montes on behalf of All Defendants (Montes, Jesse) (Entered: 03/04/2026)

March 4, 2026

March 4, 2026

17

NOTICE of Appearance by Mishan Wroe on behalf of All Plaintiffs (Wroe, Mishan) (Entered: 03/04/2026)

March 4, 2026

March 4, 2026

18

NOTICE of Appearance by Diane DE Gramont on behalf of All Plaintiffs (DE Gramont, Diane) (Entered: 03/04/2026)

March 4, 2026

March 4, 2026

19

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by MARIO C., DIEGO N., RENESME R., BENITO S. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit UNDER SEAL, # 2 Exhibit UNDER SEAL, # 3 Exhibit UNDER SEAL, # 4 Exhibit UNDER SEAL, # 5 Exhibit UNDER SEAL, # 6 Exhibit UNDER SEAL, # 7 Text of Proposed Order)(Deffebach, Anna) (Entered: 03/06/2026)

March 6, 2026

March 6, 2026

20

NOTICE by MARIO C., DIEGO N., RENESME R., BENITO S. re 11 Order,,,, Memorandum & Opinion,,, (Attachments: # 1 Motion for Pseudonyms, # 2 Memorandum in Support, # 3 Text of Proposed Order)(Wroe, Mishan) (Entered: 03/09/2026)

1 Motion for Pseudonyms

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2 Memorandum in Support

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3 Text of Proposed Order

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March 9, 2026

March 9, 2026

21

SEALED DOCUMENT filed by MARIO C., DIEGO N., RENESME R., BENITO S. re 11 Order,,,, Memorandum & Opinion,,, (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration of Mishan Wroe, # 2 Exhibit Table of Pseudonyms)(Wroe, Mishan) (Entered: 03/09/2026)

March 9, 2026

March 9, 2026

22

Consent MOTION for Protective Order by MARIO C., DIEGO N., RENESME R., BENITO S.. (Attachments: # 1 Text of Proposed Order)(Deffebach, Anna) (Entered: 03/10/2026)

1 Text of Proposed Order

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March 10, 2026

March 10, 2026

23

Memorandum in opposition re 10 MOTION for Preliminary Injunction in Opposition filed by ROBERT FRANCIS KENNEDY, JR, OFFICE OF REFUGEE RESETTLEMENT, ANGIE SALAZAR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit 1_March 10 2026 Declaration of Toby Biswas, # 2 Exhibit A_February 2024 HHS OIG Report, # 3 Exhibit B_February 2025 Harper Memorandum, # 4 Exhibit C_March 2025 ORR Decision, # 5 Exhibit D_April 2025 ORR Decision, # 6 DIEGO N._Proposed Order Denying PI)(Montes, Jesse) Modified event on 3/11/2026 (znmw). (Entered: 03/10/2026)

1 Exhibit 1_March 10 2026 Declaration of Toby Biswas

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2 Exhibit A_February 2024 HHS OIG Report

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3 Exhibit B_February 2025 Harper Memorandum

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4 Exhibit C_March 2025 ORR Decision

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5 Exhibit D_April 2025 ORR Decision

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6 DIEGO N._Proposed Order Denying PI

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March 10, 2026

March 10, 2026

24

Memorandum in opposition to re 4 MOTION to Certify Class filed by ROBERT FRANCIS KENNEDY, JR, OFFICE OF REFUGEE RESETTLEMENT, ANGIE SALAZAR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Alsterberg, Cara) (Entered: 03/10/2026)

March 10, 2026

March 10, 2026

25

Unopposed MOTION Replace Documents with Redacted Versions re 24 Memorandum in Opposition, 23 Response to motion,, [23-1] Biswas Declaration by ROBERT FRANCIS KENNEDY, JR, OFFICE OF REFUGEE RESETTLEMENT, ANGIE SALAZAR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - Redacted Memorandum in opposition re 10 MOTION for Preliminary Injunction, # 3 Exhibit B - Redacted March 10 2026 Declaration of Toby Biswas, # 4 Exhibit C - Redacted Memorandum in opposition to re 4 MOTION to Certify Class)(McCroskey, Joshua) (Entered: 03/11/2026)

March 11, 2026

March 11, 2026

26

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ROBERT FRANCIS KENNEDY, JR, OFFICE OF REFUGEE RESETTLEMENT, ANGIE SALAZAR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Unredacted Memorandum in opposition re 10 MOTION for Preliminary Injunction, # 3 Unredacted March 10 2026 Declaration of Toby Biswas, # 4 Unredacted Memorandum in opposition to re 4 MOTION to Certify Class)(McCroskey, Joshua) (Entered: 03/11/2026)

March 11, 2026

March 11, 2026

27

ORDER granting 22 Motion for Protective Order. Signed by Judge Carl J. Nichols on 03/12/2026. (lccjn3) (Entered: 03/12/2026)

March 12, 2026

March 12, 2026

RECAP
28

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANGIE SALAZAR served on 3/5/2026 (Deffebach, Anna) (Entered: 03/12/2026)

March 12, 2026

March 12, 2026

29

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT FRANCIS KENNEDY, JR served on 3/5/2026 (Deffebach, Anna) (Entered: 03/12/2026)

March 12, 2026

March 12, 2026

30

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 3/5/2026 (Deffebach, Anna) (Entered: 03/12/2026)

March 12, 2026

March 12, 2026

31

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF REFUGEE RESETTLEMENT served on 3/5/2026 (Deffebach, Anna) (Entered: 03/12/2026)

March 12, 2026

March 12, 2026

32

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/5/2026. Answer due for ALL FEDERAL DEFENDANTS by 5/4/2026. (Deffebach, Anna) (Entered: 03/12/2026)

March 12, 2026

March 12, 2026

33

REDACTED DOCUMENT- Memorandum in Opposition to 23 Response to motion by ROBERT FRANCIS KENNEDY, JR, OFFICE OF REFUGEE RESETTLEMENT, ANGIE SALAZAR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration)(znmw) (Entered: 03/13/2026)

March 12, 2026

March 12, 2026

34

REDACTED DOCUMENT- Memorandum in Opposition re 24 Memorandum in Opposition, by ROBERT FRANCIS KENNEDY, JR, OFFICE OF REFUGEE RESETTLEMENT, ANGIE SALAZAR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (znmw) (Entered: 03/13/2026)

March 12, 2026

March 12, 2026

35

SEALED DOCUMENT (Declarations) filed by MARIO C., DIEGO N., RENESME R., BENITO S.. re 4 Motion to Certify Class,. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration)(znmw) (Entered: 03/13/2026)

March 12, 2026

March 12, 2026

Order on Sealed Motion for Leave to File Document Under Seal

March 12, 2026

March 12, 2026

Order on Motion for Miscellaneous Relief

March 12, 2026

March 12, 2026

MINUTE ORDER. Upon consideration of Plaintiffs' 19 motion for leave to file declarations in support of Plaintiffs' 4 motion for class certification under seal, it is hereby ORDERED that the Motion is GRANTED and the redacted information in ECF Nos. 4-4, 4-5, 4-6, 4-7, 4-10, and 4-11 shall be filed under seal. So ORDERED by Judge Carl J. Nichols on 03/12/2026. (lccjn3)

March 12, 2026

March 12, 2026

MINUTE ORDER. Defendants' 25 unopposed motion to replace documents with redacted versions is GRANTED. The Clerk's Office is directed to replace the restricted PDF at ECF No. 23 with the redacted version of Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for a Preliminary Injunction (attached to Defendants' motion as Exhibit A); to replace the restricted PDF at ECF No. 23-1 with the redacted version of the Declaration of Toby Biswas (attached to Defendants' motion as Exhibit B); and to replace the restricted PDF at ECF No. 24 with the redacted version of Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification (attached to Defendants' motion as Exhibit C). So ORDERED by Judge Carl J. Nichols on 03/12/2026. (lccjn3)

March 12, 2026

March 12, 2026

MINUTE ORDER. Defendants' 26 unopposed motion for leave to file documents partially under seal is GRANTED. The unredacted versions of Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for a Preliminary Injunction, the Declaration of Toby Biswas, and Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification shall remain under seal. So ORDERED by Judge Carl J. Nichols on 03/12/2026. (lccjn3)

March 12, 2026

March 12, 2026

36

REPLY to opposition to motion re 10 Motion for Preliminary Injunction filed by MARIO C., DIEGO N., RENESME R., BENITO S.. (DE Gramont, Diane) (Entered: 03/17/2026)

March 17, 2026

March 17, 2026

37

REPLY to opposition to motion re 4 Motion to Certify Class, filed by MARIO C., DIEGO N., RENESME R., BENITO S.. (Deffebach, Anna) (Entered: 03/17/2026)

March 17, 2026

March 17, 2026

38

NOTICE of Change of Address by Diane DE Gramont (DE Gramont, Diane) (Entered: 03/18/2026)

March 18, 2026

March 18, 2026

39

Notice of Change of Address

March 20, 2026

March 20, 2026

Case Details

State / Territory:

District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 23, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four undocumented minors in federal immigration custody

Attorney Organizations:

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Federal

Office of Refugee Resettlement

United States Department of Health and Human Services

Case Details

Causes of Action:

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

Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589

Constitutional Clause(s):

Due Process: Procedural Due Process

Other Dockets:

District of District of Columbia 1:26-cv-00577

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Constitutional rights

Detention - criteria

Detention - procedures

Undocumented immigrants - rights and duties

Recommended Citation