Case: Duru v. Mullin

1:26-cv-01132 | U.S. District Court for the Eastern District of Virginia

Filed Date: April 28, 2026

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case.) Plaintiff, a Nigerian citizen and F-1 student visa holder in her final year at the University of Virginia School of Medicine, filed this complaint on April 28, 2026, in the U.S. District Court for the Eastern District of Virginia against officials of the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS). Defendants refused to adjudicate her Form I-765 application needed for her residency, purs…

(This summary is temporary while we research the case.)

Plaintiff, a Nigerian citizen and F-1 student visa holder in her final year at the University of Virginia School of Medicine, filed this complaint on April 28, 2026, in the U.S. District Court for the Eastern District of Virginia against officials of the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS). Defendants refused to adjudicate her Form I-765 application needed for her residency, pursuant to two USCIS Policy Memoranda which placed holds on benefit requests for nationals of countries covered by two Presidential Travel Ban Proclamations, including Nigeria. The complaint alleged that both memoranda lacked reasoned explanation, failed to account for reliance interests, identified no applicable legal authority for aliens already lawfully admitted to the United States, and were adopted without the notice-and-comment rulemaking required by the Administrative Procedure Act (APA). Plaintiff asserted four counts under the APA and an ultra vires claim, and sought a court order compelling adjudication of her I-765 and delivery of an Employment Authorization Document (EAD) within 15 days, as well as declaratory and injunctive relief setting aside the Policy Memoranda, warning that failure to obtain authorization before June 11, 2026, would cost her the residency position and force her departure from the United States.

This case is ongoing.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73254099/parties/duru-v-mullin/


Judge(s)

Trenga, Anthony John (Virginia)

Attorney for Plaintiff

Summers, Edward (Virginia)

Attorney for Defendant

Cooper, Christian James (Virginia)

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Documents in the Clearinghouse

Document
1

1:26-cv-01132

Plaintiff's Complaint for Declaratory and Injunctive Relief

Duru v. Mullin et al.

April 28, 2026

April 28, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73254099/duru-v-mullin/

Last updated June 15, 2026, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Filing Fee $405, receipt number AVAEDC-10952762), filed by Kimberley Chidinma Duru. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit USCIS Policy Memorandum 602-0192, # 3 Exhibit USCIS Policy Memorandum 602-1094, # 4 Exhibit USCIS Website Page re: Premium Processing, # 5 Exhibit USCIS Alert dated 03/30/2026, # 6 Exhibit Diplomas - Duru, K., # 7 Exhibit I-20 - Duru, K., # 8 Exhibit I-765 Receipt Notice - Duru, K., # 9 Exhibit Proof of Biometrics Appointment - Duru, K., # 10 Exhibit Email re: Residency Match, # 11 Exhibit Email re: Residency Program Start Date)(Summers, Edward) (Entered: 04/28/2026)

1 Civil Cover Sheet

View on RECAP

2 Exhibit USCIS Policy Memorandum 602-0192

View on RECAP

3 Exhibit USCIS Policy Memorandum 602-1094

View on RECAP

4 Exhibit USCIS Website Page re: Premium Processing

View on RECAP

5 Exhibit USCIS Alert dated 03/30/2026

View on RECAP

6 Exhibit Diplomas - Duru, K.

View on RECAP

7 Exhibit I-20 - Duru, K.

View on RECAP

8 Exhibit I-765 Receipt Notice - Duru, K.

View on RECAP

9 Exhibit Proof of Biometrics Appointment - Duru, K.

View on RECAP

10 Exhibit Email re: Residency Match

View on RECAP

11 Exhibit Email re: Residency Program Start Date

View on RECAP

April 28, 2026

April 28, 2026

Clearinghouse
2

Proposed Summons by Kimberley Chidinma Duru (Summers, Edward) (Entered: 04/28/2026)

April 28, 2026

April 28, 2026

Initial Case Assignment to District Judge Anthony J. Trenga and Magistrate Judge William E. Fitzpatrick. (triv)

April 28, 2026

April 28, 2026

3

Proposed Summons Attorney General by Kimberley Chidinma Duru (Summers, Edward) (Entered: 04/29/2026)

April 29, 2026

April 29, 2026

4

Proposed Summons Markwayne Mullin - DHS by Kimberley Chidinma Duru (Summers, Edward) (Entered: 04/29/2026)

April 29, 2026

April 29, 2026

5

Proposed Summons Carrie Selby - SCOPS by Kimberley Chidinma Duru (Summers, Edward) (Entered: 04/29/2026)

April 29, 2026

April 29, 2026

6

Proposed Summons US Attorney's Office by Kimberley Chidinma Duru (Summers, Edward) (Entered: 04/29/2026)

April 29, 2026

April 29, 2026

7

Proposed Summons Joseph Edlow - USCIS by Kimberley Chidinma Duru (Summers, Edward) (Entered: 04/29/2026)

April 29, 2026

April 29, 2026

8

Summons Issued as to Joseph B. Edlow, Markwayne Mullin, Carrie M. Selby, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney) (triv) (Entered: 04/29/2026)

1 Notice to Attorney

View on PACER

April 29, 2026

April 29, 2026

9

SUMMONS Returned Executed by Kimberley Chidinma Duru. J. Frank Bradsher served on 4/29/2026, answer due 6/29/2026. (Summers, Edward) Modified text to correct service information on 5/7/2026 (triv). (Entered: 04/29/2026)

April 29, 2026

April 29, 2026

10

SUMMONS Returned Executed by Kimberley Chidinma Duru. Joseph B. Edlow served on 4/29/2026. (Summers, Edward) Modified on 5/7/2026 (triv). (Entered: 04/29/2026)

April 29, 2026

April 29, 2026

11

SUMMONS Returned Executed by Kimberley Chidinma Duru. Carrie M. Selby served on 4/29/2026. (Summers, Edward) Modified on 5/7/2026 (triv). (Entered: 04/29/2026)

April 29, 2026

April 29, 2026

12

SUMMONS Returned Executed by Kimberley Chidinma Duru. Markwayne Mullin served on 4/29/2026. (Summers, Edward) Modified on 5/7/2026 (triv). (Entered: 04/29/2026)

April 29, 2026

April 29, 2026

13

SUMMONS Returned Executed by Kimberley Chidinma Duru. Attorney General served on 4/29/2026. (Summers, Edward) Modified on 5/7/2026 (triv). (Entered: 04/29/2026)

April 29, 2026

April 29, 2026

14

NOTICE of Appearance by Christian James Cooper on behalf of Attorney General, J. Frank Bradsher, Joseph B. Edlow, Markwayne Mullin, Carrie M. Selby (Cooper, Christian) (Entered: 05/06/2026)

May 6, 2026

May 6, 2026

15

Emergency MOTION for Preliminary Injunction by Kimberley Chidinma Duru. (Attachments: # 1 Proposed Order Proposed Order for Preliminary Injunction)(Summers, Edward) Modified text to correct document title on 5/11/2026 (triv). (Entered: 05/08/2026)

May 8, 2026

May 8, 2026

16

Memorandum of Law in Support in re 15 Emergency MOTION for Preliminary Injunction filed by Kimberley Chidinma Duru. (Attachments: # 1 Exhibit Exhibit A - Affidavit of Kimberley Chidinma Duru, # 2 Exhibit Exhibit B - Screenshots of online discussion with USCIS representative, # 3 Exhibit Exhibit C - Updated USCIS 03/30 Alert, # 4 Exhibit Exhibit D - Saghafi v. Edlow, # 5 Exhibit Exhibit E - Varniab v. Edlow, # 6 Exhibit Exhibit F - Bowser v. Noem, # 7 Exhibit Exhibit G - Behdin v. Edlow, # 8 Exhibit Exhibit H - Karimi v. Mullin, # 9 Exhibit Exhibit I - Doe v. Trump)(Summers, Edward) Modified on 5/11/2026 (triv). (Entered: 05/08/2026)

May 8, 2026

May 8, 2026

17

Notice (of Hearing for May 27, 2026) in re 16 Memorandum of Law in Support, 15 Emergency MOTION for Preliminary Injunction (Summers, Edward) Modified on 5/11/2026 (triv). (Entered: 05/08/2026)

May 8, 2026

May 8, 2026

Motion Hearing set for 5/27/2026 at 10:00 AM in Alexandria Courtroom 900 before District Judge Anthony J. Trenga as to 15 Emergency MOTION for Permanent Injunction. (dzir)

May 11, 2026

May 11, 2026

18

EXHIBIT J - e-mail from Senator Tim Kaine's Office 5.20.2026 by Kimberley Chidinma Duru.. (Summers, Edward) (Entered: 05/21/2026)

May 21, 2026

May 21, 2026

19

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Attorney General, J. Frank Bradsher, Joseph B. Edlow, Markwayne Mullin, Carrie M. Selby. (Cooper, Christian) (Entered: 05/26/2026)

May 26, 2026

May 26, 2026

20

Memorandum in Support re 19 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim and Opposition to Plaintiff's Motion for a Preliminary Injunction filed by Attorney General, J. Frank Bradsher, Joseph B. Edlow, Markwayne Mullin, Carrie M. Selby. (Cooper, Christian) (Entered: 05/26/2026)

May 26, 2026

May 26, 2026

21

Waiver of re 19 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Waiver of Hearing) by Attorney General, J. Frank Bradsher, Joseph B. Edlow, Markwayne Mullin, Carrie M. Selby (Cooper, Christian) (Entered: 05/26/2026)

May 26, 2026

May 26, 2026

22

RESPONSE to Motion re 19 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Kimberley Chidinma Duru. (Summers, Edward) (Entered: 05/26/2026)

May 26, 2026

May 26, 2026

23

Minute Entry for proceedings held before District Judge Anthony J. Trenga: Motion Hearing held on 5/28/2026 re 15 Emergency MOTION for Permanent Injunction filed by Kimberley Chidinma Duru. Counsel appeared for Plaintiff and Defendant. Motion argued and the hearing is continued to 6/3/2026 at 10:00 a.m. (Court Reporter R. Montgomery)(dzir) (Entered: 05/28/2026)

May 27, 2026

May 27, 2026

Motion Hearing set for 6/3/2026 at 10:00 AM in Alexandria Courtroom 900 before District Judge Anthony J. Trenga as to 15 Emergency MOTION for Permanent Injunction. (dzir)

May 27, 2026

May 27, 2026

24

ORDERED that in the absence of an adjudication of Plaintiff's application, the Motion re 15 be, and the same hereby is, CONTINUED to Wednesday, June 3, 2026 at 10 a.m. ORDERED that Defendants file by June 2, 2026 at 12 p.m. either (a) a notice confirming the adjudication of Plaintiffs application or (b) a written submission showing good cause, if any there be, as to why that application has not been adjudicated. Signed by District Judge Anthony J Trenga on 5/28/2026. (lcre, ) (Entered: 05/28/2026)

May 28, 2026

May 28, 2026

25

NOTICE by Attorney General, J. Frank Bradsher, Joseph B. Edlow, Markwayne Mullin, Carrie M. Selby re 24 Order, (O'Connor, Kirstin) (Entered: 06/02/2026)

June 2, 2026

June 2, 2026

26

ORDERED that the hearing currently scheduled for Wednesday, June 3, 2026 at 10 a.m. be, and the same hereby is, CANCELLED. Signed by District Judge Anthony J. Trenga on 6/2/2026. (dzir) (Entered: 06/02/2026)

June 2, 2026

June 2, 2026

27

STIPULATION of Dismissal by Attorney General, J. Frank Bradsher, Joseph B. Edlow, Markwayne Mullin, Carrie M. Selby. (O'Connor, Kirstin) (Entered: 06/05/2026)

June 5, 2026

June 5, 2026

28

So Ordered in re 27 Joint Stipulation of Dismissal without prejudice. Signed by District Judge Anthony J Trenga on 6/8/2026. (kgall) (Entered: 06/08/2026)

June 8, 2026

June 8, 2026

Case Details

State / Territory:

Virginia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: April 28, 2026

Case Ongoing: Yes

Case Details

Other Dockets:

Eastern District of Virginia 1:26-cv-01132

Available Documents:

Complaint (any)

Trial Court Docket

Recommended Citation