Case: Martinez Moncada v. Bondi

1:26-cv-21625 | U.S. District Court for the Southern District of Florida

Filed Date: March 12, 2026

Case Ongoing

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Case Summary

This case challenges the government’s “Rule” regarding the implementation of safe third country asylum provisions (84 Fed. Reg. 63994). Represented by private counsel, plaintiff, a Nicaraguan national held in a Miami detention center, brought this lawsuit against the U.S. Department of Homeland Security and the U.S. Department of Justice on March 12, 2026, in the U.S. District Court for the Southern District of Florida. He brought the suit on behalf of himself and members of a putative class o…

This case challenges the government’s “Rule” regarding the implementation of safe third country asylum provisions (84 Fed. Reg. 63994).

Represented by private counsel, plaintiff, a Nicaraguan national held in a Miami detention center, brought this lawsuit against the U.S. Department of Homeland Security and the U.S. Department of Justice on March 12, 2026, in the U.S. District Court for the Southern District of Florida. He brought the suit on behalf of himself and members of a putative class of individuals whose asylum applications the government is trying to block by removing the individuals to a third country. Plaintiff sued under the Immigration and Nationality Act, 8 U.S.C. §1158(a)(2)(A); the Administrative Procedure Act, 5 U.S.C. § 706(2)(A) (APA); and the Foreign Affairs Reform and Restructuring Act of 1998, 8 U.S.C. § 1231. He sought an order certifying the proposed class, vacatur of the Rule, and injunctive relief in the form of 1) preventing the government from implementing the Rule and 2) requiring the return of individuals removed pursuant to the Rule. Plaintiff argued that the new rules enacted by the government on November 19, 2019, for expedited removal procedures violated the APA notice requirements, subjected noncitizens to heightened evidentiary requirements without access to counsel, and violated due process requirements by forbidding immigration judges from reviewing these cases. The case was assigned to District Judge Jose E. Martinez.

On March 25, 2026, plaintiff filed an emergency motion for a temporary restraining order, an immediate administrative stay of removal, and expedited preliminary injunction proceedings. On April 1, 2026, Judge Martinez denied the motion without prejudice for failure to provide a proposed order. Plaintiff filed a renewed emergency motion the same day. On April 10, 2026, Judge Martinez denied the renewed motion, noting that 1) plaintiff failed to appeal his removal to Ecuador within the allotted time and 2) the individual relief sought in the class-action complaint appeared to be an attempt at circumventing Immigration Court orders. Ultimately, the judge denied the motion on the merits, finding that plaintiff had not shown the irreparable harm required for a temporary restraining order. As of May 1, 2026, Judge Martinez ordered defendants to submit a single combined response or separate answers within the time allowed under Federal Rule of Civil Procedure 81(c).

The case is ongoing.

Summary Authors

Vedant Vamshidhar (6/4/2026)

Jinan Abufarha (4/12/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72456072/parties/martinez-moncada-v-bondi/

Judge(s)

Martinez, Jose E. (Florida)

Attorney for Plaintiff

Andonie, Roberto Antonio (Florida)

Soto, Eduardo Rigoberto (Florida)

Attorney for Defendant

Attorney, Noticing INS (Florida)

Montgomery, Kimberly Marie (Florida)

Judge(s)

Martinez, Jose E. (Florida)

Attorney for Plaintiff

Andonie, Roberto Antonio (Florida)

Soto, Eduardo Rigoberto (Florida)

Attorney for Defendant

Attorney, Noticing INS (Florida)

Montgomery, Kimberly Marie (Florida)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:26-cv-21625	Class Action APA Judicial Review and Declaratory Relief Moncada v. Noem	March 12, 2026	March 12, 2026 Complaint
12 1:26-cv-21625	Order Re: Plaintiff's Renewed Emergency Motion for Temporary Restraining Order, Immediate Administrative Stay of Removal, and Expedited Preliminary-Injunction Proceedings Moncada v. Noem	April 1, 2026	April 1, 2026 Order/Opinion
17 1:26-cv-21625	Order Moncada v. Noem et al.	April 10, 2026	April 10, 2026 Order/Opinion
19 1:26-cv-21625	Order Moncada v. Noem	May 1, 2026	May 1, 2026 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality Act	The Department of Justice (DOJ) and the Department of Homeland Security (DHS) adopted an interim final rule to modify existing regulations to provide for the implementation of Asylum Cooperative Agre…	Nov. 19, 2019	Nov. 19, 2019 https://www.govinfo.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/72456072/martinez-moncada-v-bondi/

Last updated Nov. 11, 2026, 3:47 a.m.

Docket for: Martinez Moncada v. Bondi

ECF Number	Date	Description	Link
1	March 12, 2026	COMPLAINT CLASS ACTION APA JUDICIAL REVIEW AND DECLARATORY RELIEF against All Defendants. Filing fees $ 405.00 receipt number BFLSDC-19306367, filed by Cesar Augusto Martinez Moncada. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s), # 4 Summon(s), # 5 Summon(s), # 6 Summon(s), # 7 Certification, # 8 Summon(s), # 9 Summon(s))(Soto, Eduardo) (Entered: 03/12/2026) 1 Civil Cover Sheet View on PACER 2 Summon(s) View on PACER 3 Summon(s) View on PACER 4 Summon(s) View on PACER 5 Summon(s) View on PACER 6 Summon(s) View on PACER 7 Certification View on PACER 8 Summon(s) View on PACER 9 Summon(s) View on PACER	Clearinghouse
2	March 12, 2026	Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Eduardo I. Sanchez is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (blc) (Entered: 03/12/2026)	RECAP
3	March 12, 2026	Summons Issued as to Pamela Bondi, Todd M. Lyons, Daren K. Margolin, Kristi Noem, Charles Wall, U.S. Attorney and U.S. Attorney General (blc) (Entered: 03/12/2026)	RECAP
4	March 12, 2026	Clerk's Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (blc) (Entered: 03/12/2026)	RECAP
5	March 12, 2026	Clerk's Notice to Filer re: Summons(es) will not be issued for Derek Gordon, Marcos Charles. The party(ies) on the summons(es) does not match the initiating documents. (blc) (Entered: 03/12/2026)	RECAP
	March 12, 2026	Clerk's Notice to Filer - ELECTRONIC CASE, SUMMONS(ES)
	March 12, 2026	Clerk's Notice of Docket Correction - ELECTRONIC CASE
	March 12, 2026	Clerk's Notice of Judge Assignment and Optional Consent
6	March 25, 2026	EMERGENCY MOTION with Certification of Emergency included and Memorandum of Law by Cesar Augusto Martinez Moncada. Responses due by 4/8/2026. (Attachments: # 1 Memorandum)(Soto, Eduardo) (Entered: 03/25/2026)	RECAP
7	March 31, 2026	SUMMONS (Affidavit) Returned Executed by Cesar Augusto Martinez Moncada. Pamela Bondi served on 3/31/2026, response/answer due 6/1/2026. Additional Service and date on USAO served on 03/31/2026. (Attachments: # 1 Exhibit A)(Soto, Eduardo) (Entered: 03/31/2026)	RECAP
10	March 31, 2026	ACKNOWLEDGMENT OF SERVICE filed by Cesar Augusto Martinez Moncada. (See DE# 7 for document image). (jas) (Entered: 04/01/2026)	RECAP
8	April 1, 2026	PAPERLESS ORDER DENYING without prejudice 6 Plaintiff's Emergency Motion for Temporary Restraining Order, Immediate Administrative Stay of Removal, and Expedited Preliminary Injunction Proceedings for failure to provide a proposed order. See Local Rule 7.1(a)(2). Signed by Judge Jose E. Martinez on 4/1/2026. (lsn) (Entered: 04/01/2026)	RECAP
9	April 1, 2026	Renewed EMERGENCY MOTION with Certification of Emergency included by Cesar Augusto Martinez Moncada. Responses due by 4/15/2026. (Attachments: # 1 Appendix, # 2 Text of Proposed Order)(Soto, Eduardo) (Entered: 04/01/2026)	RECAP
11	April 1, 2026	Clerk's Notice to Filer re 7 Summons Returned Executed as to USA. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see DE# 10 . It is not necessary to refile this document. (jas) (Entered: 04/01/2026)	RECAP
12	April 1, 2026	ORDER RE: PLAINTIFF'S RENEWED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER, IMMEDIATE ADMINISTRATIVE STAY OF REMOVAL, AND EXPEDITED PRELIMINARY INJUNCTION PROCEEDINGS DE 9 . Defendants shall file a response to the Motion by April 6, 2026. The Court shall hear oral argument on the Motion on April 9, 2026. Signed by Judge Jose E. Martinez on 4/1/2026. See attached document for full details. (blc) (Entered: 04/01/2026)	Clearinghouse
13	April 1, 2026	This matter is set for a hearing before Judge Jose E. Martinez on Thursday, April 9, 2026 at 1:30 p.m. to address the Plaintiff's Renewed Emergency Motion for Temporary Restraining Order, Immediate Administrative Stay of Removal, and Expedited Preliminary Injunction Proceedings. ECF No. 9 .Signed by Judge Jose E. Martinez on 4/1/2026. (lsn) (Entered: 04/01/2026)	RECAP
	April 1, 2026	Order on Emergency Motion with Certification of Emergency
	April 1, 2026	Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
	April 1, 2026	Acknowledgment of Service
	April 1, 2026	Order Setting Hearing on Motion
14	April 6, 2026	RESPONSE to 9 Renewed EMERGENCY MOTION with Certification of Emergency included by Pamela Bondi, Todd M. Lyons, Daren K. Margolin, Kristi Noem, Charles Wall. (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit Exh. A- Notice to Appear, # 3 Exhibit Exh. B- DO Declaration, # 4 Exhibit Exh. C- Order of the Immigration Judge, # 5 Exhibit Exh. D- Detention History, # 6 Exhibit Exh. E- Order of the Immigration Judge)(Montgomery, Kimberly) (Entered: 04/06/2026)	RECAP
15	April 9, 2026	NOTICE of Attorney Appearance by Roberto Antonio Velasquez Andonie on behalf of Cesar Augusto Martinez Moncada. Attorney Roberto Antonio Velasquez Andonie added to party Cesar Augusto Martinez Moncada(pty:pla). (Velasquez Andonie, Roberto) (Entered: 04/09/2026)	RECAP
16	April 9, 2026	PAPERLESS Minute Entry for proceedings held before Judge Jose E. Martinez: Motion Hearing held on 4/9/2026 re 9 Plaintiff's Renewed Emergency Motion for Temporary Restraining Order, Immediate Administrative Stay of Removal, and Expedited Preliminary Injunction Proceedings. Total time in court: 38 minutes. Attorney Appearance(s): Kimberly Marie Montgomery, Roberto Antonio Velasquez Andonie, Court Reporter: Mary Ann Casale, 305-523-5632 / MaryAnn_Casale@flsd.uscourts.gov. (lsn) (Entered: 04/09/2026)	RECAP
	April 9, 2026	MOTION Hearing or Evidentiary Motion Hearing
17	April 10, 2026	ORDER on Plaintiff, Cesar Martinez Moncada's Renewed Emergency Motion for Temporary Retraining Order, Immediate Administrative Stay of Removal, and Expedited Preliminary Injunctive Proceeding ECF No 9, DENIED. Signed by Judge Jose E. Martinez on 4/10/2026. See attached document for full details. (blc) (Entered: 04/10/2026)	RECAP
18	April 30, 2026	SUMMONS (Affidavit) Returned Executed by Cesar Augusto Martinez Moncada. Pamela Bondi served on 4/17/2026, response/answer due 6/16/2026; Todd M. Lyons served on 4/13/2026, response/answer due 6/12/2026; Daren K. Margolin served on 4/16/2026, response/answer due 6/15/2026; Kristi Noem served on 4/15/2026, response/answer due 6/15/2026; Charles Wall served on 4/13/2026, response/answer due 6/12/2026. (Attachments: # 1 Exhibit)(Soto, Eduardo) . Modified text on 5/1/2026 (blc). (Entered: 04/30/2026)	RECAP
19	May 1, 2026	ORDER re 18 Summons Returned Executed as to Defendants, Daren K. Margolin, Kristi Noem, Todd M. Lyons, Pamela Bondi, and Charles Wall. Defendants shall submit a single combined response or separate answers within the time allowed for the last-served Defendant to respond under Federal Rule of Civil Procedure 81(c). Signed by Judge Jose E. Martinez on 5/1/2026. See attached document for full details. (blc) (Entered: 05/01/2026)	Clearinghouse
20	June 11, 2026	NOTICE of Attorney Appearance by Timothy J. Abraham on behalf of Pamela Bondi, Todd M. Lyons, Daren K. Margolin, Kristi Noem, Charles Wall. Attorney Timothy J. Abraham added to party Pamela Bondi(pty:dft), Attorney Timothy J. Abraham added to party Todd M. Lyons(pty:dft), Attorney Timothy J. Abraham added to party Daren K. Margolin(pty:dft), Attorney Timothy J. Abraham added to party Kristi Noem(pty:dft), Attorney Timothy J. Abraham added to party Charles Wall(pty:dft). (Abraham, Timothy) (Entered: 06/11/2026)	RECAP
21	June 11, 2026	Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Complaint by 30 days by Pamela Bondi, Todd M. Lyons, Daren K. Margolin, Kristi Noem, Charles Wall. Responses due by 6/25/2026. (Attachments: # 1 Text of Proposed Order)(Abraham, Timothy) (Entered: 06/11/2026)	RECAP
22	June 12, 2026	PAPERLESS ORDER granting 21 Defendants' Unopposed Motion for Extension of Time. Defendants shall respond to Plaintiff's Complaint on or before July 16, 2026. Signed by Judge Jose E. Martinez on 6/12/2026. (lsn) (Entered: 06/12/2026)	RECAP
	June 12, 2026	Order on Motion for Extension of Time to File Response/Reply/Answer
	June 12, 2026	~Util - Set/Reset Response/Answer Due Deadline
	June 12, 2026	Set/Reset Response/Answer Due Deadline per DE 22 : Pamela Bondi response/answer due 7/16/2026; Todd M. Lyons response/answer due 7/16/2026; Daren K. Margolin response/answer due 7/16/2026; Kristi Noem response/answer due 7/16/2026; Charles Wall response/answer due 7/16/2026. (pcs)
23	July 16, 2026	MOTION to Stay Action pending Class Action in Federal Court in Washington DC, MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint ( Responses due by 7/30/2026.) by Pamela Bondi, Todd M. Lyons, Daren K. Margolin, Kristi Noem, Charles Wall. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Abraham, Timothy) (Entered: 07/16/2026)	RECAP
24	July 30, 2026	RESPONSE in Opposition re 23 MOTION to Stay Action pending Class Action in Federal Court in Washington DC MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint filed by Cesar Augusto Martinez Moncada. Replies due by 8/6/2026. (Soto, Eduardo) (Entered: 07/30/2026)	RECAP
25	Aug. 6, 2026	NOTICE of Attorney Appearance by Michele S. Vigilance on behalf of Pamela Bondi. Attorney Michele S. Vigilance added to party Pamela Bondi(pty:dft). (Vigilance, Michele) (Entered: 08/06/2026)	RECAP
26	Aug. 6, 2026	Unopposed MOTION for Extension of Time to File Response to Opposition to Motion to Stay by Pamela Bondi. Responses due by 8/20/2026. (Vigilance, Michele) (Entered: 08/06/2026)	RECAP
27	Aug. 6, 2026	PAPERLESS ORDER granting 26 Defendants' Unopposed Motion for Extension of Time. Defendants shall file their reply in support of 23 Motion to Stay on or before August 12, 2026. Signed by Judge Jose E. Martinez on 8/6/2026. (lsn) (Entered: 08/06/2026)	RECAP
	Aug. 6, 2026	Order on Motion for Extension of Time
	Aug. 6, 2026	Set/Reset Deadlines/Hearings: Defendants shall file their reply in support of 23 Motion to Stay on or before August 12, 2026. (wce)
	Aug. 7, 2026	~Util - Set/Reset Motion/R&R Deadlines and Hearings
28	Aug. 12, 2026	REPLY to response in Opposition to Motion to Stay by Pamela Bondi. (Attachments: # 1 Appendix, # 2 Appendix)(Vigilance, Michele) (Entered: 08/12/2026)	RECAP
29	Aug. 25, 2026	ORDER re 23 Defendants' Motion to Stay. It is ORDERED as follows: 1. The Motion to Stay 23 is GRANTED. 2. This case is STAYED pending resolution of the Motion for Class Certification and any motion to dismiss in U.T. et al, v. Pamela Bondi et al, 20-cv-00116-EGS (D.D.C. 2020) [E.C.F. No. 174]. Case is ADMINISTRATIVELY CLOSED. Signed by Judge Jose E. Martinez on 8/25/2026. See attached document for full details. (blc) (Entered: 08/26/2026)	RECAP

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Case Details

State / Territory:

Florida

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Immigration Enforcement

Key Dates

Filing Date: March 12, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All noncitizens who sought or will seek asylum, withholding of removal, or CAT after November 19, 2019, and whom Defendants have sought or will seek to bar from asylum, withholding of removal, or CAT protection in removal proceedings under 8 U.S.C. § 1229a on the basis that they can be removed to a third country under an Asylum Cooperative Agreement pursuant to the Rule, Guidance, or Designations.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Federal

U.S. Department of Homeland Security

U.S. Department of Justice

Defendant Type(s):

Law-enforcement