Case: Soumare v. Rife

2:26-cv-04332 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: June 24, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the rescission of the Philadelphia Immigration and Customs Enforcement (ICE) Field Office's "Changed Circumstances Policy," which has led to the re-detention of individuals amid a nationwide push to increase arrests and detentions. On June 24, 2026, three named plaintiffs filed a class action complaint in the U.S. District Court for the Eastern District of Pennsylvania against the Philadelphia ICE Field Office and the U.S. Department of Homeland Security (DHS). The pl…

This is a case challenging the rescission of the Philadelphia Immigration and Customs Enforcement (ICE) Field Office's "Changed Circumstances Policy," which has led to the re-detention of individuals amid a nationwide push to increase arrests and detentions.

On June 24, 2026, three named plaintiffs filed a class action complaint in the U.S. District Court for the Eastern District of Pennsylvania against the Philadelphia ICE Field Office and the U.S. Department of Homeland Security (DHS). The plaintiffs, represented by the ACLU, public interest law firms, and the Robert & Ethel Kennedy Human Rights Center, challenged the 2025 Philadelphia ICE Field Office decision to rescind its longstanding Changed Circumstances Policy. The policy previously required a material change in circumstances to justify re-arresting or re-detaining individuals who were previously released from DHS custody, under which noncitizens who posed no danger to the community and no flight risk could remain out of custody during removal proceedings. The plaintiffs asserted three causes of action under the Administrative Procedure Act (APA): that the rescission was arbitrary and capricious, that it violated Fourth Amendment protections, and that it contravened the Immigration and Nationality Act (INA). The proposed class included all noncitizens subject to re-arrest or re-detention by the Philadelphia ICE Field Office who were in removal proceedings and not subject to mandatory detention, with a subclass of those initially released on bond, released on conditional parole, or bound by a legal promise to appear in court. The plaintiffs sought class certification, appointment of class counsel, vacatur of the rescission, a declaration that the policy change was unlawful, and an award of attorneys’ fees and costs. This case was assigned to District Judge Catherine C. Henry.

That same day, the plaintiffs moved to stay the rescission and to certify a class.

On July 30, 2026, the court ordered the government to file its motion to dismiss by August 12, 2026, and the plaintiffs to respond by September 2, 2026. The case remains ongoing.

 

 

Summary Authors

Madeline Dollard (8/4/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73524424/parties/soumare-v-rife/


Attorney for Plaintiff

Armstrong, Keith (Pennsylvania)

GROGAN, JOHN J. (Pennsylvania)

NAGDEMAN, DAVID A. (Pennsylvania)

Pena-Parr, Victoria (Pennsylvania)

STINE, VANESSA L. (Pennsylvania)

Documents in the Clearinghouse

Documents in this case
1

2:26-cv-04332

Class Action Complaint

June 24, 2026

June 24, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73524424/soumare-v-rife/

Last updated Aug. 4, 2026, 1:01 p.m.

ECF Number Date Description Link
1 June 24, 2026

COMPLAINT against MARKWAYNE MULLIN, JOHN E. RIFE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, DAVID J. VENTURELLA ( Filing fee $ 405 receipt number APAEDC-19384833.), filed by OUSMANE SOUMARE, LASSANA DIANIFABA, M.P.B. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(GROGAN, JOHN) (Attachment 1 replaced on 6/24/2026) (sbt). (Entered: 06/24/2026)

1 Civil Cover Sheet

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2 Designation Form

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Clearinghouse
2 June 24, 2026

Declaration re 1 Complaint (Attorney), by LASSANA DIANIFABA, M.P.B, OUSMANE SOUMARE. (Attachments: # 1 Exhibit A - Declaration of Ousmane Soumare, # 2 Exhibit B - Declaration of M.P.B., # 3 Exhibit C - Declaration of Lassana Dianifaba, # 4 Exhibit D - Declaration of A.D., # 5 Exhibit E - Declaration of Demba Sokhona, # 6 Exhibit F - Declaration of Balla Toure, # 7 Exhibit G - Declaration of Christopher M. Casazza, # 8 Exhibit H - Declaration of Bridget Cambria, # 9 Exhibit I - Declaration of Jose C. Campos, # 10 Exhibit J - Declaration of Brennan Gian-Grasso, # 11 Exhibit K - Declaration of Steven A. Morley, # 12 Exhibit L - Declaration of Lilah R. Thompson, # 13 Exhibit M - Declaration of Elena Emelchin Bruner, # 14 Exhibit N - Chart of 53 district court decisions involving re-detentions by the Philadelphia ICE Field Office where the decision discussed or referenced compliance with release requirements (Case Chart))(GROGAN, JOHN) (Entered: 06/24/2026)

1 Exhibit A - Declaration of Ousmane Soumare

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2 Exhibit B - Declaration of M.P.B.

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3 Exhibit C - Declaration of Lassana Dianifaba

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4 Exhibit D - Declaration of A.D.

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5 Exhibit E - Declaration of Demba Sokhona

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6 Exhibit F - Declaration of Balla Toure

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7 Exhibit G - Declaration of Christopher M. Casazza

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8 Exhibit H - Declaration of Bridget Cambria

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9 Exhibit I - Declaration of Jose C. Campos

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10 Exhibit J - Declaration of Brennan Gian-Grasso

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11 Exhibit K - Declaration of Steven A. Morley

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12 Exhibit L - Declaration of Lilah R. Thompson

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13 Exhibit M - Declaration of Elena Emelchin Bruner

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14 Exhibit N - Chart of 53 district court decisions involving re-detentions by the

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RECAP
3 June 24, 2026

Opt In Notice of Procedure to Consent to Random Magistrate Judge Assignment (Attachments: # 1 Consent)(sbt) (Entered: 06/24/2026)

RECAP
4 June 24, 2026

Notice re: Availability of Court-Annexed Mediation (sbt) (Entered: 06/24/2026)

RECAP
5 June 24, 2026

NOTICE of Appearance by DAVID A. NAGDEMAN on behalf of LASSANA DIANIFABA, M.P.B, OUSMANE SOUMARE (NAGDEMAN, DAVID) (Entered: 06/24/2026)

RECAP
6 June 24, 2026

NOTICE of Appearance by Victoria Pena-Parr on behalf of LASSANA DIANIFABA, M.P.B, OUSMANE SOUMARE with Certificate of Service(Pena-Parr, Victoria) (Entered: 06/24/2026)

RECAP
7 June 24, 2026

NOTICE of Appearance by Keith Armstrong on behalf of LASSANA DIANIFABA, M.P.B, OUSMANE SOUMARE with Certificate of Service(Armstrong, Keith) (Entered: 06/24/2026)

RECAP
8 June 24, 2026

NOTICE of Appearance by VANESSA L. STINE on behalf of LASSANA DIANIFABA, M.P.B, OUSMANE SOUMARE with Certificate of Service(STINE, VANESSA) (Entered: 06/24/2026)

RECAP
9 June 24, 2026

NOTICE of Appearance by WITOLD J. WALCZAK on behalf of LASSANA DIANIFABA, M.P.B, OUSMANE SOUMARE with Certificate of Service(WALCZAK, WITOLD) (Entered: 06/24/2026)

RECAP
10 June 24, 2026

NOTICE of Appearance by ALI SZEMANSKI on behalf of LASSANA DIANIFABA, M.P.B, OUSMANE SOUMARE with Certificate of Service(SZEMANSKI, ALI) (Entered: 06/24/2026)

RECAP
11 June 24, 2026

MOTION TO PROCEED UNDER PSEUDONYM filed by M.P.B.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(GROGAN, JOHN) (Entered: 06/24/2026)

RECAP
12 June 24, 2026

MOTION to Stay EFFECTIVE DATE OF AGENCY ACTION OR PRESERVE STATUS OR RIGHTS filed by LASSANA DIANIFABA, M.P.B, OUSMANE SOUMARE.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum OF LAW IN SUPPORT OF MOTION TO STAY EFFECTIVE DATE OF AGENCY ACTION OR PRESERVE STATUS OR RIGHTS, # 2 Text of Proposed Order)(GROGAN, JOHN) (Entered: 06/24/2026)

RECAP
13 June 24, 2026

MOTION to Certify Class filed by LASSANA DIANIFABA, M.P.B, OUSMANE SOUMARE.Memorandum, Certificate of Service, Declarations. (Attachments: # 1 Memorandum, # 2 Exhibit A - Declaration of Witold J. Walczak, # 3 Exhibit B - Declaration of Anthony Enriquez, # 4 Exhibit C - Declaration of John Grogan, # 5 Exhibit D - Declaration of Martha Guarnieri, # 6 Text of Proposed Order)(GROGAN, JOHN) (Entered: 06/24/2026)

1 Memorandum

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2 Exhibit A - Declaration of Witold J. Walczak

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3 Exhibit B - Declaration of Anthony Enriquez

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4 Exhibit C - Declaration of John Grogan

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5 Exhibit D - Declaration of Martha Guarnieri

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6 Text of Proposed Order

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RECAP
14 June 25, 2026

Notice of Appearance

RECAP
15 June 25, 2026

Pro Hac Vice (Credit Card Payment)

RECAP
16 June 25, 2026

Pro Hac Vice (Credit Card Payment)

RECAP
17 June 25, 2026

Pro Hac Vice (Credit Card Payment)

RECAP
18 June 26, 2026

Summons Issued

RECAP
19 June 26, 2026

Summons Issued as to USA

RECAP
20 June 30, 2026

Reassign Case

RECAP
21 July 1, 2026

Order on Motion to Reassign Case

RECAP
22 July 2, 2026

Acceptance of Service by U.S. Attorney

RECAP
23 July 6, 2026

Order Reassigning Case

RECAP
24 July 6, 2026

Affidavit of Service

RECAP
25 July 6, 2026

Affidavit of Service

RECAP
26 July 7, 2026

Order on Motion for Pro Hac Vice (Credit Card Payment)

RECAP
27 July 7, 2026

Order on Motion for Pro Hac Vice (Credit Card Payment)

RECAP
28 July 7, 2026

Order on Motion for Pro Hac Vice (Credit Card Payment)

RECAP
29 July 7, 2026

Order AND ~Util - Set Motion and R&R Deadlines/Hearings

RECAP
30 July 8, 2026

Notice of Appearance

RECAP
31 July 8, 2026

Extension of Time to File Response/Reply

RECAP
32 July 8, 2026

Order on Motion for Extension of Time to File Response/Reply

RECAP
33 July 13, 2026

Response to Motion

RECAP
34 July 15, 2026

Order on Motion for Miscellaneous Relief

RECAP
35 July 27, 2026

Response in Opposition to Motion

RECAP
36 July 30, 2026

Order AND ~Util - Set Scheduling Order Deadlines

RECAP
37 Aug. 3, 2026

Reply to Response to Motion

RECAP

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Trump Administration 2.0: Reversing Course on Existing Litigation

Key Dates

Filing Date: June 24, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Noncitizens subject to re-arrest or re-detention by the ICE's Philadelphia Field Office who were now in removal proceedings and not subject to mandatory detention, with a subclass of those initially released on bond, released on conditional parole, or bound by a legal promise to appear in court

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Federal

Department of Homeland Security (DHS)

Regional

ICE Philadelphia Field Office

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Unreasonable search and seizure

Other Dockets:

Eastern District of Pennsylvania 2:26-cv-04332

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Constitutional rights

Detention - criteria

Detention - procedures

Undocumented immigrants - rights and duties

Recommended Citation