Case: Bade v. United States Department of Homeland Security

3:26-cv-00436 | U.S. District Court for the Western District of North Carolina

Filed Date: June 3, 2026

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case]. On June 3, 2026, a foreign national filed this lawsuit in the U.S. District Court for the Western District of North Carolina challenging an Interim Final Rule (IFR) published by the U.S. Department of Homeland Security (DHS) on October 30, 2025, which immediately eliminated the Employment Authorization Document (EAD) auto-extension program without notice-and-comment rulemaking. The plaintiff alleged that this IFR, titled Removal of the Aut…

[This summary is temporary while we research the case]. On June 3, 2026, a foreign national filed this lawsuit in the U.S. District Court for the Western District of North Carolina challenging an Interim Final Rule (IFR) published by the U.S. Department of Homeland Security (DHS) on October 30, 2025, which immediately eliminated the Employment Authorization Document (EAD) auto-extension program without notice-and-comment rulemaking. The plaintiff alleged that this IFR, titled Removal of the Automatic Extension of Employment Authorization Documents, 90 Fed. Reg. 48700, improperly invoked the "good cause" exception to bypass standard rulemaking procedures, relying on a pretextual national security justification and ignoring existing continuous vetting programs — the Automated Threat Level Assessment System (ATLAS) and Continuous Immigration Vetting (CIV) — that already provide real-time monitoring of foreign nationals. The plaintiff further alleged that DHS unreasonably delayed adjudication of her EAD renewal application, which she filed on November 3, 2025, and which remained pending despite an expedited service request submitted on February 11, 2026, and a second request submitted on March 23, 2026, neither of which received a substantive response and placing her employment as an IT engineer and Full Stack Java developer at the Maryland Department of Human Services at risk. Additionally, the plaintiff alleged that U.S. Citizenship and Immigration Services (USCIS) failed to adjudicate her administrative appeal of a Freedom of Information Act (FOIA) request within the required 20-business-day statutory deadline. The plaintiff sought vacatur of the IFR, an order compelling a decision on her EAD renewal within 30 days, production of records responsive to her FOIA request, and attorney's fees under the Equal Access to Justice Act (EAJA).

Summary Authors

(6/14/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73434730/parties/bade-v-united-states-department-of-homeland-security/


Attorney for Plaintiff

Parsonage, Helen Louise (North Carolina)

Wasden, Jonathan Del (North Carolina)

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Documents in the Clearinghouse

Document
1

3:26-cv-00436

Complaint

June 3, 2026

June 3, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73434730/bade-v-united-states-department-of-homeland-security/

Last updated June 21, 2026, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against United States Department of Homeland Security ( Filing fee $ 405 receipt number ANCWDC-7468178) filed by Sushma Bade. (Attachments: # 1 Cover Sheet)(Parsonage, Helen) (Entered: 06/03/2026)

1 Cover Sheet

View on PACER

June 3, 2026

June 3, 2026

Clearinghouse
2

MOTION for Leave to Appear Pro Hac Vice as to Jonathan Wasden Filing fee $ 300, receipt number ANCWDC-7468192. by Sushma Bade. (Attachments: # 1 Exhibit Certificate of Good Standing) (Parsonage, Helen) (Entered: 06/03/2026)

June 3, 2026

June 3, 2026

3

Summons Issued Electronically as to United States Department of Homeland Security, US Attorney and US Attorney General. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4. (add) (Entered: 06/04/2026)

June 4, 2026

June 4, 2026

Standing Order Regarding Use of Artificial Intelligence

June 4, 2026

June 4, 2026

Case Assigned/Reassigned

June 4, 2026

June 4, 2026

Case assigned to District Judge Susan C Rodriguez and US Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the Case Assignment Packet. Motions referred to W. Carleton Metcalf: 2 MOTION for Leave to Appear Pro Hac Vice as to Jonathan Wasden Filing fee $ 300, receipt number ANCWDC-7468192. This is your only notice - you will not receive a separate document.(add)

June 4, 2026

June 4, 2026

Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the Standing Order. (a dd)

June 4, 2026

June 4, 2026

4

ORDER granting 2 Motion for Leave to Appear Pro Hac Vice. Added Jonathan Del Wasden for Sushma Bade. Signed by US Magistrate Judge W. Carleton Metcalf on 6/8/2026. (sc) (Entered: 06/09/2026)

June 9, 2026

June 9, 2026

Case Details

State / Territory:

North Carolina

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: June 3, 2026

Case Details

Other Dockets:

Western District of North Carolina 3:26-cv-00436

Recommended Citation