Case: Westley v. Harper

PETITION for Writ of Habeas Corpus (28:2241) (Filing fee $ 5 receipt number ALAEDC-10867655) filed by Arely Westley. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - Text Message, # 3 Exhibit 2 - Declaration of Sarah Gillman)Attorney Charles Andrew Perry added to party Arely Westley(pty:pet).(Perry, Charles) Modified text on 2/1/2025 (my). (Additional attachment(s) added on 2/6/2025: # 4 Exhibit 3-Department of Homeland Security Paperwork) (go). (Entered: 02/01/2025)

4 Exhibit 3-Department of Homeland Security Paperwork

View on PACER

Emergency MOTION for Temporary Restraining Order by Arely Westley. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Perry, Charles) Modified text on 2/1/2025 (my). (Entered: 02/01/2025)

Initial Case Assignment to Judge Barry W Ashe and Magistrate Judge Karen Wells Roby. (sek) (Entered: 02/01/2025)

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Sarah T. Gillman (Filing fee $ 100 receipt number ALAEDC-10867678) by Arely Westley. (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 Exhibit C - Consent to Electronic FIling, # 4 Proposed Order)(Perry, Charles) Modified text on 2/1/2025 (my). (Entered: 02/01/2025)

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Nora Ahmed (Filing fee $ 100 receipt number ALAEDC-10867723) by Arely Westley. (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 Exhibit C - Consent to Electronic FIling, # 4 Proposed Order)(Perry, Charles) (Entered: 02/01/2025)

Minute Entry for proceedings held before Judge Barry W Ashe: Status Conference held on 2/1/2025. (clc) (Entered: 02/01/2025)

ORDER granting 2 Emergency MOTION for Temporary Restraining Order filed by Arely Westley. FURTHER ORDERED that respondents are RESTRAINED from (a) attempting to remove petitioner from the jurisdiction of the United States District Court for the Eastern District of Louisiana to any location outside this district, and (b) removing petitioner from the United States. IT IS FURTHER ORDERED that the respondents file a response to the petitioner's motion for temporary restraining order (preliminary injunction) by midnight on February 3, 2025. FURTHER ORDERED that petitioner may file a reply by midnight on February 4, 2025. FURTHER ORDERED that a hybrid Zoom/in-person preliminary injunction hearing will be held on February 5, 2025, at 2:00 p.m. Central. Signed by Judge Barry W Ashe on 2/1/2025.(clc) (CC: B.Dupre) (Entered: 02/01/2025)

ORDER granting 4 Motion to Appear Pro Hac Vice as to Sarah Telo Gillman; granting 5 Motion to Appear Pro Hac Vice as to Nora Sam Ahmed. Signed by Judge Barry W Ashe on 2/1/2025. (Attachments: # 1 PHV Notice) (clc) (Entered: 02/01/2025)

Initial Case Assignment

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Amanda B. Saylor by Mellissa B. Harper, Scott Ladwig, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)Attorney Amanda Saylor added to party Mellissa B. Harper(pty:dft), Attorney Amanda Saylor added to party Scott Ladwig(pty:dft), Attorney Amanda Saylor added to party U.S. Department of Homeland Security(pty:dft), Attorney Amanda Saylor added to party U.S. Immigration and Customs Enforcement(pty:dft).(Saylor, Amanda) (Entered: 02/02/2025)

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Sarah Decker (Filing fee $ 100 receipt number ALAEDC-10867774) by Arely Westley. (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 Exhibit C - Consent to Electronic FIling, # 4 Proposed Order)(Perry, Charles) (Entered: 02/02/2025)

ORDER granting 9 Motion to Enroll as Counsel of Record for Attorney Amanda Saylor for Mellissa B. Harper, Scott Ladwig, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Signed by Judge Barry W Ashe on 02/03/2025. (go) (Entered: 02/03/2025)

ORDER granting 10 Motion to Appear Pro Hac Vice as to Sarah E. Decker. Signed by Judge Barry W Ashe on 02/03/2025. (Attachments: # 1 PHV Notice) (go) (Entered: 02/03/2025)

EXPARTE/CONSENT Joint Motion for Extension of the TRO; Briefing Schedule; and Preliminary Injunction Scheduled for 02/05/2025 at 2:00 P.M. to be Rescheduled to an In-Person Hearing on 02/12/2025 at 10:00 A.M. by Arely Westley, Mellissa B. Harper, Scott Ladwig, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Gillman, Sarah) Modified text/filers on 2/4/2025 (go). (Entered: 02/03/2025)

**DEFICIENT**Amendment/Supplement to Document by Arely Westley re 1 Petition for Writ of Habeas Corpus (28:2254), (Gillman, Sarah) Modified on 2/4/2025 (go). (Entered: 02/03/2025)

ORDER granting re 13 Joint Motion for Extension of the TRO; Briefing Schedule; and Preliminary Injunction. FURTHER ORDERED that the Temporary Restraining Order (R. Doc. 7) is extended through 02/12/2025. FURTHER ORDERED that the respondents deadline to respond to petitioner's request for a temporary restraining order (preliminary injunction) is extended to 11:59 p.m. on 02/06/2025, and the petitioner's reply deadline is extended to 11:59 p.m. on 02/10/2025. FURTHER ORDERED that the hybrid Zoom/in-person preliminary injunction hearing currently set for 02/05/2025, at 2:00 p.m. is reset as an in-person hearing on 02/12/2025, at 10:00 a.m. before Judge Barry W Ashe. Signed by Judge Barry W Ashe on 02/04/2025.(go) (Entered: 02/04/2025)

EXPARTE/CONSENT MOTION to Supplement 1 Petition for Writ of Habeas Corpus (28:2254). by Arely Westley. (Attachments: # 1 Proposed Order)(Gillman, Sarah) (Additional attachment(s) added on 2/6/2025: # 2 Proposed Pleading- Exhibit) (clc). Modified text on 2/6/2025 (clc). (Entered: 02/05/2025)

Correction of Docket Entry by Clerk re 16 MOTION to Supplement 1 Petition for Writ of Habeas Corpus (28:2254) ** The proposed pleading/ exhibit should have been filed as an attachment to the motion to supplement. The clerk has pulled the proposed exhibit from R. Doc. 14, and attached the document to R. Doc. 16. No further action required.** (clc) (Entered: 02/06/2025)

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Sarah L Vuong by Mellissa B. Harper, Scott Ladwig, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)Attorney Sarah L. Vuong added to party Mellissa B. Harper(pty:dft), Attorney Sarah L. Vuong added to party Scott Ladwig(pty:dft), Attorney Sarah L. Vuong added to party U.S. Department of Homeland Security(pty:dft), Attorney Sarah L. Vuong added to party U.S. Immigration and Customs Enforcement(pty:dft).(Vuong, Sarah) (Entered: 02/06/2025)

ORDER granting 16 Motion for leave to file Supplemental exhibit. FURTHER ORDERED that the attached document (R. Doc. 16-2) be filed into the record of the captioned matter as an attachment to the petition (R. Doc. 1). Signed by Judge Barry W Ashe on 02/06/2025. (go) (Entered: 02/06/2025)

RESPONSE/MEMORANDUM in Opposition filed by All Defendants re 2 Emergency MOTION for Temporary Restraining Order . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Saylor, Amanda) (Entered: 02/06/2025)

ORDER granting 18 Motion to Enroll as Counsel of Record for Attorney Sarah L. Vuong for Mellissa B. Harper, Scott Ladwig, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Signed by Judge Barry W Ashe on 02/06/2025. (go) (Entered: 02/07/2025)

Correction of Docket Entry by Clerk

EXPARTE/CONSENT MOTION for Leave to File Excess Pages to file an enlarged reply of fifteen (15) pages by Arely Westley. (Attachments: # 1 Proposed Order)(Gillman, Sarah) (Entered: 02/07/2025)

ORDER granting 22 Motion for Leave to File Excess Pages to file an enlarged reply of fifteen (15) pages. Signed by Judge Barry W Ashe on 02/10/2025. (go) (Entered: 02/10/2025)

REPLY to Response to Motion filed by Arely Westley re 2 Emergency MOTION for Temporary Restraining Order . (Attachments: # 1 Declaration)(Perry, Charles) (Entered: 02/10/2025)

EXPARTE/CONSENT MOTION Remote Appearance for Attorney Sarah Vuong by Mellissa B. Harper, Scott Ladwig, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Vuong, Sarah) (Entered: 02/11/2025)

ORDER granting 25 unopposed motion for remote appearance as to Sarah Vuong. Signed by Judge Barry W Ashe on 2/11/2025. (clc) (Entered: 02/11/2025)

Minute Entry for proceedings held before Judge Barry W Ashe: Preliminary Injunction Hearing held on 2/12/2025. The Court directs the parties to file supplemental briefing, attaching evidence, as necessary, on or before Wednesday, February 19, 2025, after which the motion will be taken under advisement and the Court will issue a ruling in due course. The Temporary Restraining Order as outlined in R. Doc. 7, remains in effect to maintain the status quo while the Court makes a determination as to its jurisdiction and then, if necessary, addresses the relief sought. (Court Reporter Alexis Vice.) (clc) (Entered: 02/12/2025)

TRANSCRIPT of Preliminary Injunction hearing held on February 12, 2025 before Judge Barry W. Ashe. Court Reporter/Recorder Alexis A. Vice, Telephone number (504) 589-7777. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 5/20/2025. (Vice, Alexis) (Entered: 02/19/2025)

Supplemental Memorandum filed by Arely Westley, in support of 2 Emergency MOTION for Temporary Restraining Order . (Perry, Charles) (Entered: 02/19/2025)

Supplemental Memorandum by All Defendants to 20 Response/Memorandum in Opposition to Motion for Temporary Restraining Order (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Saylor, Amanda) (Entered: 02/19/2025)

MOTION for Leave to File Petitioners Motion for Leave to File a Response to Respondents Supplemental Brief by Arely Westley. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Westley Decl., # 3 Exhibit Haislip Ltr.)(Gillman, Sarah) (Additional attachment(s) added on 2/21/2025: # 4 Proposed Order) (go). (Entered: 02/20/2025)

EXPARTE/CONSENT MOTION to Seal Document by Arely Westley. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit Redacted 31-3, # 4 Exhibit Unredacted Version of 31-3)(Gillman, Sarah) (Entered: 02/20/2025)

Response/Reply by All Defendants to 31 MOTION for Leave to File Petitioners Motion for Leave to File a Response to Respondents Supplemental Brief (Saylor, Amanda) (Entered: 02/21/2025)

ORDER: ORDERED that the petitioner's 31 motion for leave to file a response to respondents' supplemental brief is DENIED. FURTHER ORDERED that petitioner's 32 motion to seal is DENIED AS MOOT. Signed by Judge Barry W Ashe on 2/24/2025. (clc) (Entered: 02/24/2025)

ORDER & REASONS: ORDERED that Petitioner's 2 motion for preliminary injunction is DENIED. FURTHER ORDERED that the TRO is dissolved. FURTHER ORDERED that this case is DISMISSED for lack of subject-matter jurisdiction. Signed by Judge Barry W Ashe on 2/24/2025.(clc) (Entered: 02/24/2025)