Case: Amica Center for Immigrant Rights v. Executive Office for Immigration Review

1:26-cv-00696 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 26, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges an interim final rule issued by the Executive Office for immigration Review (EOIR) that would effectively eliminate meaningful appellate review before the Board of Immigration Appeals (BIA). Five nonprofit legal services organizations – Amica Center for Immigrant Rights, Brooklyn Defender Services, Florence Immigrant and Refugee Rights Project, HIAS, and National Immigrant Justice Center – filed a complaint on February 26, 2026, in the U.S. District Court for the District o…

This case challenges an interim final rule issued by the Executive Office for immigration Review (EOIR) that would effectively eliminate meaningful appellate review before the Board of Immigration Appeals (BIA).

Five nonprofit legal services organizations – Amica Center for Immigrant Rights, Brooklyn Defender Services, Florence Immigrant and Refugee Rights Project, HIAS, and National Immigrant Justice Center – filed a complaint on February 26, 2026, in the U.S. District Court for the District of Columbia against the EOIR, U.S. Department of Justice (DOJ), EOIR Director Daren K. Margolin, and U.S. Attorney General Pamela J. Bondi. The plaintiffs challenged an Interim Final Rule (IFR) issued by defendants on February 6, 2026, which plaintiffs alleged eliminates access to appellate review before the Board of Immigration Appeals (BIA) in the vast majority of cases. The IFR establishes presumptive summary dismissal of all appeals unless the full en banc BIA votes within 10 days to permit consideration, shortens the appeal filing deadline from 30 to 10 days in most cases, mandates simultaneous briefing with limited extensions, eliminates reply briefs unless requested by the BIA, and makes summary dismissal decisions before transcripts are created.

Plaintiffs characterized these changes as part of the Trump-Vance Administration's efforts to undermine immigrants' due process rights. The complaint brought five counts under federal question jurisdiction: violations of the Administrative Procedure Act (APA) for failure to conduct notice-and-comment rulemaking, violations of Immigration and Nationality Act provisions and binding agency regulations, arbitrary and capricious agency action, Fifth Amendment due process violations, and violations of the Regulatory Flexibility Act. The plaintiffs sought comprehensive relief, including a stay of the IFR, preliminary and permanent injunctive relief, vacation of the rule, declaratory judgment that the IFR is unlawful, attorneys' fees, and alternative exhaustion requirements.

The same day, plaintiffs filed a motion for an emergency stay of the IFR under 5 U.S.C. § 705.

The case was assigned to District Judge Randolph D. Moss, who decided to treat the pending motion as a motion for summary judgment on the notice-and-comment claim or, in the alternative, as a motion for a Section 705 stay on all of the issues plaintiffs raise.

After a hearing, Judge Moss issued an opinion on March 8, 2026, granting partial summary judgment for plaintiffs, declaring invalid and setting aside the substantive portions of the interim final rule (summary dismissal presumption, 10-day deadline, waiver provisions) and remanding to the agency for further proceedings, while allowing certain arguably procedural provisions to take effect. In its reasoning, the court applied the Batterton test (citing Batterton v. Marshall, 648 F.2d 694, 703 (D.C. Cir. 1980)), which asks if substantive portions of the interim final rule alter the rights and interests of parties sufficiently to require notice-and-comment, and concluded this was the case as the time allotted was "so short as to foreclose effective opportunity to make one's case on the merits." Judge Moss rejected both the procedural rule exception, finding the changes went beyond internal housekeeping to alter substantive rights, and the foreign affairs exception, determining the rule did not "clearly and directly involve activities characteristic to the conduct of international relations."  822 F.Supp.3d 119.

Defendants appealed; the case is pending as 26-5156 in the D.C. Circuit. 

On April 9, 2026, both plaintiffs and defendants filed a stipulation to stay the case pending the issuance of the final rule. The following day, the court ordered the case to be stayed pending the conclusion of the notice-and-comment period and further action on the interim final rule from the agency. This does not affect the Court’s prior decision to set aside portions of the interim final rule. 

On April 21, 2026, a pro se immigrant detainee sought to intervene in the district court to press the argument that the defendants were in contempt of the district court’s order. This issue has not yet been ruled on.

This case is ongoing. 

Summary Authors

Madeline Dollard (6/12/2026)

Maddy Ligon (4/7/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72338638/parties/amica-center-for-immigrant-rights-v-executive-office-for-immigration/


Judge(s)
Attorney for Plaintiff

Carroll, Catherine (District of Columbia)

Georgevich, Mary (District of Columbia)

Attorney for Defendant

Becker, Tyler J. (District of Columbia)

Clem, Joshua (District of Columbia)

Counsel, DOJ Appellate

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-00696

Complaint

Feb. 26, 2026

Feb. 26, 2026

Complaint
32

1:26-cv-00696

Memorandum Opinion

March 8, 2026

March 8, 2026

Order/Opinion

2026 WL 662494

48

1:26-cv-00696

Notice of Appeal

Amica Center for Immigrant Rights et al. v. Executive Office for Immigration Review et al.

May 7, 2026

May 7, 2026

Pleading / Motion / Brief

Resources

Resources related to this case
Title Description External URL Date / External URL

Appellate Procedures for the Board of Immigration Appeals

Feb. 6, 2026

Feb. 6, 2026

https://www.federalregister.gov/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72338638/amica-center-for-immigrant-rights-v-executive-office-for-immigration/

Last updated Sept. 25, 2026, 3:31 a.m.

Docket for: AMICA CENTER FOR IMMIGRANT RIGHTS v. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
ECF Number Date Description Link
1 Feb. 26, 2026

COMPLAINT against All Plaintiffs ( Filing fee $ 405 receipt number ADCDC-12267969) filed by HIAS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, AMICA CENTER FOR IMMIGRANT RIGHTS, NATIONAL IMMIGRANT JUSTICE CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E)(Reuveni, Erez) (Entered: 02/26/2026)

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 Exhibit A

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7 Exhibit B

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8 Exhibit C

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9 Exhibit D

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10 Exhibit E

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Clearinghouse
2 Feb. 26, 2026

Emergency MOTION to Stay Under 5 U.S.C. § 705 by AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Text of Proposed Order)(Reuveni, Erez) (Entered: 02/26/2026)

RECAP
3 Feb. 27, 2026

NOTICE of Appearance by Michelle Lapointe on behalf of All Plaintiffs (Lapointe, Michelle) (Entered: 02/27/2026)

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4 Feb. 27, 2026

NOTICE of Appearance by Allyson R. Scher on behalf of All Plaintiffs (Scher, Allyson) (Entered: 02/27/2026)

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5 Feb. 27, 2026

NOTICE of Appearance by Papu Sandhu on behalf of All Defendants (Sandhu, Papu) (Entered: 02/27/2026)

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6 Feb. 27, 2026

NOTICE of Appearance by Suchita Mathur on behalf of AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER (Mathur, Suchita) (Entered: 02/27/2026)

RECAP
7 Feb. 27, 2026

SUMMONS (4) Issued as to PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Notice and Consent) (zjd) (Entered: 02/27/2026)

1 Notice and Consent

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RECAP
8 Feb. 27, 2026

NOTICE of Appearance by Christopher Ian Pryby on behalf of All Defendants (Pryby, Christopher) (Entered: 02/27/2026)

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9 Feb. 27, 2026

NOTICE of Appearance by Joshua Clem on behalf of All Defendants (Clem, Joshua) (Entered: 02/27/2026)

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10 Feb. 27, 2026

REQUEST FOR SUMMONS TO ISSUE filed by HIAS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, NATIONAL IMMIGRANT JUSTICE CENTER. (Attachments: # 1 Summons for Bondi, # 2 Summons for DOJ, # 3 Summons for EOIR, # 4 Summons for Margolin)(Reuveni, Erez) (Entered: 02/27/2026)

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11 Feb. 27, 2026

NOTICE of Appearance by Keren Hart Zwick on behalf of All Plaintiffs (Zwick, Keren) (Entered: 02/27/2026)

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Feb. 27, 2026

Case Assigned/Reassigned

Feb. 27, 2026

Notice of Error- New Case

Feb. 27, 2026

.Order AND ~Util - Set/Reset Hearings

Feb. 27, 2026

Scheduling Conference AND ~Util - Set/Reset Deadlines/Hearings

Feb. 27, 2026

NOTICE OF NEW CASE ERROR regarding 1 Complaint. The following error needs correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney for the District of Columbia & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zjd)

Feb. 27, 2026

Case Assigned to Judge Randolph D. Moss. (zjd)

Feb. 27, 2026

MINUTE ORDER: In light of Plaintiffs' Emergency Motion to Stay, Dkt. 2, it is hereby ORDERED that the parties appear for a scheduling conference today, February 27, 2026, at 4:00 p.m. in Courtroom 8. Signed by Judge Randolph D. Moss on 2/27/26. (lcrdm2)

Feb. 27, 2026

Minute Entry for proceedings held before Judge Randolph D. Moss: The Court held a scheduling conference on February 27, 2026, during which the parties presented brief argument on the pending motion. The Court set the following deadlines: Defendants Response to the motion is due on or before March 3, 2026. Plaintiffs Reply is due on or before March 5, 2026. Motion Hearing is scheduled for March 6, 2026 at 12:00 PM, to be held in person in Courtroom 8 before Judge Randolph D. Moss. (Court Reporter Sherry Lindsay) (zglw)

March 1, 2026

.Order AND ~Util - Set/Reset Deadlines

March 1, 2026

MINUTE ORDER: In light of the narrow legal issue presented by Plaintiffs' notice-and-comment claim under Section 706(2)(D), Count I, Dkt. 1 at 42 (Compl. 121-27), and the lack of discernible factual disputes related to that claim, it is hereby ORDERED that the parties file a status report on or before 12:00 p.m. on March 2, 2026, informing the Court of whether it would be appropriate to treat the pending motion for a Section 705 stay, Dkt. 2, in the alternative, as a motion for summary judgment as to that claim, and any specific objections either party may have to the Court proceeding in that manner. Cf. Fed. R. Civ. P. 56 & 65(a)(2); see also Purdue Univ. v. Scalia, No. 20-cv-3006, 2020 WL 7340156, at *4, *5 (D.D.C. Dec. 14, 2020). Signed by Judge Randolph D. Moss on 3/1/26. (lcrdm2)

12 March 2, 2026

SUMMONS (1) Issued Electronically as to U.S. Attorney (znmw) (Entered: 03/02/2026)

RECAP
13 March 2, 2026

SUMMONS (4) Reissued Electronically as to PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney General. (znmw) (Entered: 03/02/2026)

RECAP
14 March 2, 2026

STATUS REPORT by AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Scher, Allyson) (Entered: 03/02/2026)

RECAP
15 March 2, 2026

STATUS REPORT by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE. (Sandhu, Papu) (Entered: 03/02/2026)

RECAP
16 March 2, 2026

TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on 2/27/26; Page Numbers: 1-45. Date of Issuance:3/2/26. Court Reporter: Sherry Lindsay, Email: sherry_lindsay@dcd.uscourts.gov, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/23/2026. Redacted Transcript Deadline set for 4/2/2026. Release of Transcript Restriction set for 5/31/2026.(stl) (Entered: 03/02/2026)

RECAP
17 March 2, 2026

MEMORANDUM OPINION AND ORDER: Upon consideration of the parties' submissions, Dkts. 14 and 15, and for the reasons stated herein, the Court will treat the pending motion as a motion for summary judgment on the notice-and-comment claim or, in the alternative, as a motion for a Section 705 stay on all of the issues Plaintiffs raise. See document for details. Signed by Judge Randolph D. Moss on 3/2/26. (lcrdm2) (Entered: 03/02/2026)

RECAP
18 March 2, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mary M. Georgevich, Filing fee $ 100, receipt number ADCDC-12274419. Fee Status: Fee Paid. by AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Attachments: # 1 Declaration Ex. A - Declaration of Mary Georgevich, # 2 Exhibit Ex. B - Certificate of Good Standing, # 3 Text of Proposed Order)(Zwick, Keren) (Entered: 03/02/2026)

RECAP
19 March 2, 2026

Unopposed MOTION for Leave to File Amicus Brief in Support of Plaintiffs' Emergency Motion for a Stay by FORMER IMMIGRATION JUDGES AND FORMER MEMBERS OF THE BOARD OF IMMIGRATION APPEALS. (Attachments: # 1 Proposed Brief of Amici, # 2 Text of Proposed Order)(Jacob, John) (Entered: 03/02/2026)

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20 March 2, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nicole May, Filing fee $ 100, receipt number ADCDC-12274569. Fee Status: Fee Paid. by AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Attachments: # 1 Declaration Ex. A - Declaration of Nicole May, # 2 Exhibit Ex. B - Certificate of Good Standing, # 3 Text of Proposed Order)(Zwick, Keren) (Entered: 03/02/2026)

RECAP
21 March 2, 2026

MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Summary Judgment and Motion to Stay Agency Action by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order Proposed Order)(Sandhu, Papu) (Entered: 03/02/2026)

RECAP
22 March 2, 2026

Unopposed MOTION for Leave to File Excess Pages by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Pryby, Christopher) (Entered: 03/02/2026)

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23 March 2, 2026

NOTICE of Appearance by Mary Georgevich on behalf of All Plaintiffs (Georgevich, Mary) (Entered: 03/02/2026)

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24 March 2, 2026

AMICUS BRIEF by FORMER IMMIGRATION JUDGES AND FORMER MEMBERS OF THE BOARD OF IMMIGRATION APPEALS. (znmw) (Entered: 03/03/2026)

RECAP
March 2, 2026

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

March 2, 2026

Order on Motion for Leave to File Excess Pages

March 2, 2026

Order on Motion for Leave to File Amicus Brief

March 2, 2026

Order on Motion for Leave to Appear Pro Hac Vice

March 2, 2026

MINUTE ORDER: Upon consideration of Defendants' Motion for Extension of Time to File Response, Dkt. 21, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the current briefing schedule and the oral argument, currently scheduled for noon on March 6, 2026, is VACATED and the parties shall, instead, comply with the following schedule:March 4, 2026 at 12:00 p.m.: Defendants' Response March 6, 2026 at 10:00 a.m.: Plaintiffs' Reply March 6, 2026 at 2:00 p.m. in Courtroom 8: Oral Argument Signed by Judge Randolph D. Moss on 3/2/26. (lcrdm2)

March 2, 2026

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice 18, it is hereby ORDERED that the motion is GRANTED. Mary M. Georgevich is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for Instructions. Signed by Judge Randolph D. Moss on 3/2/26. (lcrdm2)

March 2, 2026

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice 20, it is hereby ORDERED that the motion is GRANTED. Nicole May is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for Instructions. Signed by Judge Randolph D. Moss on 3/2/26. (lcrdm2) Signed by Judge Randolph D. Moss on 3/2/26. (lcrdm2)

March 2, 2026

MINUTE ORDER: Upon consideration of the Unopposed Motion for Leave to File Amicus Brief in Support of Plaintiffs' Emergency Motion for a Stay, Dkt. 19, it is hereby ORDERED that the motion is GRANTED, and the Amicus Brief, Dkt. 19-1, is DEEMED filed. Signed by Judge Randolph D. Moss on 3/2/26. (lcrdm2)

March 2, 2026

MINUTE ORDER: Upon consideration of Defendants' Unopposed Motion for Leave to File Excess Pages, Dkt. 22, it is hereby ORDERED that the motion is GRANTED Signed by Judge Randolph D. Moss on 3/2/26. (lcrdm2)

March 3, 2026

Set/Reset Hearings

March 3, 2026

Set/Reset Hearings: Motion Hearing reset for 3/6/2026 at 02:00 PM in Courtroom 8- In Person before Judge Randolph D. Moss. (zglw)

25 March 4, 2026

MOTION for Discovery Under Fed. R. Civ. P. 56(d) by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Declaration of Daren Margolin, # 2 Text of Proposed Order)(Pryby, Christopher) (Entered: 03/04/2026)

1 Exhibit Declaration of Daren Margolin

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2 Text of Proposed Order

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RECAP
26 March 4, 2026

Memorandum in Opposition to re 2 MOTION to Stay filed by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. DEPARTMENT OF JUSTICE, DAREN K. MARGOLIN. (Sandhu, Papu) Modified event title on 3/5/2026 (znmw). Modified party on 3/5/2026 pursuant to Counsel (mg). (Entered: 03/04/2026)

RECAP
27 March 4, 2026

ERRATA Including Tables for Memorandum by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE re 26 Reply to Document. (Attachments: # 1 Errata Notice and Explanation of Errata)(Sandhu, Papu) (Entered: 03/04/2026)

RECAP
28 March 4, 2026

NOTICE of Appearance by Tyler J. Becker on behalf of All Defendants (Becker, Tyler) (Entered: 03/04/2026)

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29 March 4, 2026

NOTICE of Hearing Topics for Declarants by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE (Becker, Tyler) (Entered: 03/04/2026)

RECAP
March 4, 2026

.Order AND ~Util - Set/Reset Hearings

March 4, 2026

Status Conference

March 4, 2026

MINUTE ORDER: In light of Defendants Motion for Discovery Under Federal Rule of Civil Procedure 56(d), Dkt. 25, it is hereby ORDERED that the parties appear for a teleconference via Zoom at 3:00 p.m. today, March 4, 2026, to discuss next steps. The parties are directed to reach out to the Courtroom Deputy for login information. Signed by Judge Randolph D. Moss on 3/4/26. (lcrdm2)

March 4, 2026

Minute Entry for proceedings held before Judge Randolph D. Moss: Discovery Status Conference held on 3/4/2026 virtually. For the reasons stated on the record the parties will meet and confer in preparation for the Hearing set for 3/6/26. Plaintiffs oral motion for virtual appearances (for witnesses or attorneys unable to attend in person) and to make the public telephonic line available for the 3/6/26 hearing was granted. Plaintiffs oral motion to extend the page limit for their filings was also granted. Public Telephonic line available for use is 1-833-990-9400, Meeting ID is 043781081. (Court Reporter Sherry Lindsay.) (zglw)

30 March 5, 2026

TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on 3/4/2026; Page Numbers: 1-60. Date of Issuance:3/5/2026. Court Reporter: Sherry Lindsay, Email: sherry_lindsay@dcd.uscourts.gov, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/26/2026. Redacted Transcript Deadline set for 4/5/2026. Release of Transcript Restriction set for 6/3/2026.(stl) (Entered: 03/05/2026)

RECAP
31 March 6, 2026

REPLY to opposition to motion re 2 Motion to Stay, filed by AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, FORMER IMMIGRATION JUDGES AND FORMER MEMBERS OF THE BOARD OF IMMIGRATION APPEALS, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Scher, Allyson) (Entered: 03/06/2026)

RECAP
March 6, 2026

Motion Hearing

March 6, 2026

Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 3/6/2026 re 2 Emergency MOTION to Stay Under 5 U.S.C. § 705. Witness L. St. John was sworn and provided testimony. Counsel for the parties presented oral argument. Matter taken under advisement. (Court Reporter Sherry Lindsay) (zglw)

32 March 8, 2026

MEMORANDUM OPINION: For the reasons stated herein, it is hereby ORDERED that Plaintiffs' motion for partial summary judgment, Dkt. 2, is GRANTED in part and DENIED in part; and that Plaintiffs' Emergency Motion for Stay under 5 U.S.C. 705, Dkt. 2, is DENIED in part as moot and DENIED in all other respects. It is further ORDERED that, for the reasons stated on the record at oral argument, see Min. Entry (Mar. 6, 2026), at the March 4, 2026 hearing, see Min. Entry (Mar. 4, 2026), and stated herein, that Defendants' Motion for Discovery Under Fed. R. Civ. P. 56(d), is DENIED in part as moot and DENIED in all other respects. It is further ORDERED that the parties appear for a status conference on March 9, 2026 at 2:00 p.m. in Courtroom 8 to discuss next steps. Signed by Judge Randolph D. Moss on 3/8/26. (lcrdm2) (Entered: 03/08/2026)

Clearinghouse
33 March 8, 2026

ORDER: For the reasons stated in the Court's Memorandum Opinion, Dkt. 32, it is hereby ORDERED that the parties shall comply with the directives in the attached order. See document for details. Signed by Judge Randolph D. Moss on 3/8/26. (lcrdm2) (Entered: 03/08/2026)

RECAP
34 March 9, 2026

NOTICE of Appearance by Catherine Carroll on behalf of AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER (Carroll, Catherine) (Entered: 03/09/2026)

RECAP
35 March 9, 2026

TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on 3/6/26; Page Numbers: 1-132. Date of Issuance:3/9/26. Court Reporter: Sherry Lindsay, Email: sherry_lindsay@dcd.uscourts.gov, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/30/2026. Redacted Transcript Deadline set for 4/9/2026. Release of Transcript Restriction set for 6/7/2026.(stl) (Entered: 03/09/2026)

RECAP
March 9, 2026

Status Conference AND ~Util - Set/Reset Deadlines

March 9, 2026

Minute Entry for Status Conference held on 3/9/2026 before Judge Randolph D. Moss. Parties discussed posture of the case. The Parties are to file a Joint Status Report by 3/13/2026. Court Reporter: Sherry Lindsay. (zljn)

36 March 10, 2026

NOTICE of Appearance by Robin F. Thurston on behalf of All Plaintiffs (Thurston, Robin) (Entered: 03/10/2026)

RECAP
37 March 13, 2026

STATUS REPORT by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE. (Pryby, Christopher) (Entered: 03/13/2026)

RECAP
38 March 13, 2026

STATUS REPORT by AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, FORMER IMMIGRATION JUDGES AND FORMER MEMBERS OF THE BOARD OF IMMIGRATION APPEALS, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Scher, Allyson) (Entered: 03/13/2026)

RECAP
39 March 16, 2026

NOTICE of Appearance by Nicole Marie May on behalf of All Plaintiffs (May, Nicole) (Entered: 03/16/2026)

RECAP
March 18, 2026

.Order

March 18, 2026

MINUTE ORDER: In their status report, Plaintiffs request that the Court "clarify [] to the extent that the IFR's changes to 8 C.F.R. 1003(c) remain in effect [] that the text does not supersede 1003.1(e)(3) or provide new discretion for the agency to determine when transcripts are 'warranted.'" Dkt. 38 at 2. The Court concludes, however, that additional clarification is not required because the government has now represented on the record that "the IFR did not change the process by which transcripts of immigration court proceedings are made available to the parties on appeal before the Board;" "the IFR did not alter the procedure set forth in 8 C.F.R. 1003.1(e)(3);" and the "parties to an appeal before the Board are provided transcripts in those same cases where transcripts were provided prior to the IFR." Dkt. 37 at 2. The Court has relied on those representations in declining to take further action, and, accordingly, they will bind Defendants for purposes of this litigation. As a result, no further action is required at this time. Signed by Judge Randolph D. Moss on 3/18/26. (lcrdm2)

40 April 8, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW served on 3/5/2026 (Reuveni, Erez) Modified date of service on 4/9/2026 (znmw). (Entered: 04/08/2026)

RECAP
41 April 8, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAREN K. MARGOLIN served on 3/5/2026 (Reuveni, Erez) Modified date of service on 4/9/2026 (znmw). (Entered: 04/08/2026)

RECAP
42 April 8, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/5/2026. (Reuveni, Erez) Modified date of service on 4/9/2026 (znmw). (Entered: 04/08/2026)

RECAP
43 April 8, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/2/2026. Answer due for ALL FEDERAL DEFENDANTS by 5/1/2026. (Reuveni, Erez) Modified dates on 4/9/2026 (znmw). (Entered: 04/08/2026)

RECAP
44 April 8, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PAMELA J. BONDI served on 3/5/2026 (Reuveni, Erez) Modified date of service on 4/9/2026 (znmw). (Entered: 04/08/2026)

RECAP
45 April 9, 2026

STIPULATION to Stay Case Pending Final Rule by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Clem, Joshua) (Entered: 04/09/2026)

1 Text of Proposed Order

View on PACER

RECAP
April 10, 2026

.Order

April 10, 2026

MINUTE ORDER: In light of the Stipulation to Stay Pending Final Rule, Dkt. 45, it is hereby ORDERED that this case and all pending deadlines are STAYED pending the completion of the notice-and-comment period and promulgation of the Final Rule. It is further ORDERED that Defendants file a status report, notifying the Court of the promulgation of the Final Rule, within 24 hours of the Final Rules promulgation. Signed by Judge Randolph D. Moss on 4/10/26. (lcrdm2)

April 10, 2026

Case Stayed (zglw)

April 14, 2026

Case Stayed

46 April 17, 2026

TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on 3/9/2026; Page Numbers: 1-17. Date of Issuance:4/17/26. Court Reporter: Sherry Lindsay, Email: sherry_lindsay@dcd.uscourts.gov, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/8/2026. Redacted Transcript Deadline set for 5/18/2026. Release of Transcript Restriction set for 7/16/2026.(stl) (Entered: 04/17/2026)

RECAP
47 April 21, 2026

MOTION to Intervene as a Plaintiff by MARIA DOLORES NAVARRO MARTIN. (Attachments: # 1 Motion for Contempt, # 2 Exhibits to Motion for Contempt)(znmw) (Entered: 04/27/2026)

1 Motion for Contempt

View on PACER

2 Exhibits to Motion for Contempt

View on PACER

RECAP
48 May 7, 2026

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 32 Order on Motion for Discovery,,,, Order on Motion to Stay,,,, Set/Reset Hearings,,, 33 Order, by U.S. DEPARTMENT OF JUSTICE, DAREN K. MARGOLIN, PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW. Fee Status: No Fee Paid. (Sandhu, Papu) (Entered: 05/07/2026)

Clearinghouse
49 May 8, 2026

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 48 Notice of Appeal to DC Circuit Court,. (znmw) (Entered: 05/08/2026)

RECAP
50 May 11, 2026

Memorandum in opposition to re 47 MOTION to Intervene filed by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A - Notice of Docket Activity, # 2 Certificate of Service on Non-ECF Party)(Pryby, Christopher) (Entered: 05/11/2026)

RECAP
May 11, 2026

USCA Case Number

May 11, 2026

USCA Case Number 26-5156 for 48 Notice of Appeal to DC Circuit Court, filed by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. DEPARTMENT OF JUSTICE, DAREN K. MARGOLIN. (znmw)

51 May 28, 2026

REQUEST FOR LEAVE TO FILE REVIEW. The attached document requires leave to file: MARIA DOLORES NAVARRO MARTIN-Motion for Leave to File Reply. Reason(s): Movant's motion to intervene is pending. (Attachments: # 1 Appendix A, # 2 Exhibit A, # 3 Exhibit B) (znmw) (Entered: 06/01/2026)

RECAP
June 8, 2026

.Order

June 8, 2026

MINUTE ORDER: In light of Maria Dolores' Motion for Leave to File Reply, Dkt. 51, it is hereby ORDERED that the motion is GRANTED and the reply, along with attached exhibits, Dkts. 51-1, 51-2, and 51-3, are DEEMED FILED. Signed by Judge Randolph D. Moss on 6/8/26. (lcrdm2)

Aug. 31, 2026

Order on Motion to Intervene

Aug. 31, 2026

MINUTE ORDER: Upon consideration of Proposed Plaintiff-Intervenor Maria Dolores Navarro Martin's Motion to Intervene, Dkt. 47, Defendants' Memorandum in Opposition, Dkt. 50, and Ms. Martin's Reply, Dkt. 52, it is hereby ORDERED that the motion is DENIED. Ms. Martin has identified no federal statute giving her a right to intervene. Fed. R. Civ. P. 24(a)(1). She fails to explain how this Court's disposal of Plaintiffs' suit will "impair or impede [her] ability to protect [her] interest" in the application of the Interim Final Rule to her own removal proceedings. Id. R. 24(a)(2). Permissive intervention seeking relief beyond that sought by the existing parties requires Ms. Martin to supply "an independent ground for subject matter jurisdiction." EEOC v. Nat'l Children's Ctr., Inc., 146 F.3d 1042, 1046 (D.C. Cir. 1998). Ms. Martin lacks such a ground. She seeks to assert a civil contempt claim related to her removal proceedings, but 8 U.S.C. § 1252(b)(9) bars "[j]udicial review of all questions of law and fact" arising from removal proceedings outside of "judicial review of a final order" pursuant to Section 1252. Accordingly, the Court declines to permit Ms. Martin to intervene. Signed by Judge Randolph D. Moss on 08/31/2026. (lcrdm2)

Case Details

State / Territory:

District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Feb. 26, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five nonprofit legal services organizations: Amica Center for Immigrant Rights, Brooklyn Defender Services, Florence Immigrant and Refugee Rights Project, HIAS, and National Immigrant Justice Center.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

American Immigration Council's Legal Action Center

Democracy Forward

National Immigrant Justice Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Executive Office for Immigration Review

U.S. Department of Justice

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process: Procedural Due Process

Other Dockets:

District of District of Columbia 1:26-cv-00696

U.S. Court of Appeals for the District of Columbia Circuit 26-5156

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Stay of government action

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Deportation - judicial review

Deportation - procedure

Recommended Citation