Case: Dillon v. Blanche

3:26-cv-10143 | U.S. District Court for the Northern District of California

Filed Date: Sept. 10, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the termination of a San Francisco immigration judge two days after she warned her supervisor that federal immigration agents had unlawfully arrested an unaccompanied minor who had just appeared in her courtroom. The former immigration judge filed suit on September 10, 2026, in the U.S. District Court for the Northern District of California. Represented by private counsel, she sued under the Whistleblower Protection Act (5 U.S.C. § 2302), the Administrative Procedure Act (A…

This case challenges the termination of a San Francisco immigration judge two days after she warned her supervisor that federal immigration agents had unlawfully arrested an unaccompanied minor who had just appeared in her courtroom.
 
The former immigration judge filed suit on September 10, 2026, in the U.S. District Court for the Northern District of California. Represented by private counsel, she sued under the Whistleblower Protection Act (5 U.S.C. § 2302), the Administrative Procedure Act (APA) (5 U.S.C. § 706), the Declaratory Judgment Act (28 U.S.C. §§ 2201–02), and the federal mandamus statute (28 U.S.C. § 1361), naming as defendants the Attorney General and the Acting Director of the Executive Office for Immigration Review (EOIR) in their official capacities, as well as the U.S. Department of Justice (DOJ). The plaintiff claimed that she was fired in retaliation for protected whistleblowing activity, and that her termination was void from the outset under the Appointments Clause and Article II of the Constitution because the termination letter was signed by EOIR's Acting Director rather than the Attorney General, who, under DOJ's own reading of the law, alone may remove inferior officers. She further claimed that the defendants retaliated against her for exercising her free speech rights and discriminated against her for her perceived political views protected by the First Amendment, and that they violated her Fifth Amendment procedural due process rights and her property interest in continued employment. Finally, the plaintiff alleged that the defendants violated the APA by implementing a final decision that was arbitrary, capricious, and contrary to Article II and the First and Fifth Amendments of the Constitution, and because they lacked lawful authority to terminate her without adhering to statutory protections. She sought reinstatement, backpay and lost benefits, compensatory damages, declaratory relief, a writ of mandamus in the alternative, and attorneys' fees and costs. The case was initially assigned to Magistrate Judge Peter H. Kang. Because the parties had not all consented to magistrate judge jurisdiction, the case was randomly reassigned to District Judge Araceli Martínez-Olguín on September 11, 2026. 
 
The complaint sets out the following facts. The plaintiff became an immigration judge in San Francisco in September 2022 and converted to permanent employment in August 2024. In April 2025, the Assistant Chief Immigration Judge directed San Francisco's immigration judges to grant nearly all motions to change venue filed by the Immigration and Customs Enforcement (ICE). The plaintiff objected that the directive conflicted with Board of Immigration Appeals precedent giving judges discretion over those motions and could interfere with respondents' access to counsel. However, her supervisor warned her that "the White House" was watching the issue and to be careful about pushing it. In July and August 2025, the plaintiff denied ICE motions to re-calendar cases of unaccompanied minors whose asylum applications were pending before U.S. Citizenship and Immigration Services (USCIS), noting that jurisdiction over those applications was at USCIS and that re-calendaring the cases could violate the Trafficking Victims Protection Reauthorization Act and the J.O.P. v. DHS settlement. On August 20, 2025, ICE moved to dismiss the case of an unrepresented respondent in order to pursue expedited removal, and agents detained him as he left the courtroom. The plaintiff later concluded that he was likely a designated unaccompanied minor who could not lawfully be placed in expedited removal. That afternoon, she emailed her supervisor raising concerns about violations of statutory law and due process, and about courthouse arrests disrupting the administration of justice. On August 22, 2025, she received a termination letter signed by EOIR's Acting Director.
 
Before filing this suit, the plaintiff appealed her termination to the Merit Systems Protection Board. Her appeal stalled while the Board considered a consolidated case involving other fired immigration judges, Jackler and Jaroch v. Department of Justice. In March 2026, the Board held in that case that it lacked jurisdiction over immigration judges removed by the Attorney General under Article II, a decision that is currently on appeal to the U.S. Court of Appeals for the Federal Circuit. As of the filing of the complaint, the Administrative Law Judge in the plaintiff's appeal had asked the parties to address why the appeal should not be dismissed pending the Federal Circuit's decision in Jackler/Jaroch, and the judge had not ruled on the issue. Therefore, the plaintiff argued that she had effectively exhausted her administrative remedies. 
 
As of October 2026, the case is ongoing.

Summary Authors

Hannah Grosserichter (10/7/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/74770645/parties/dillon-v-blanche/


Attorney for Plaintiff

Proctor, Melanie Lea (California)

Documents in the Clearinghouse

Documents in this case
1

3:26-cv-10143

Complaint for Damages

Sept. 10, 2026

Sept. 10, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/74770645/dillon-v-blanche/

Last updated Oct. 25, 2026, 3:10 a.m.

Docket for: Dillon v. Blanche
ECF Number Date Description Link
1 Sept. 10, 2026

COMPLAINT for Damages against All Defendants ( Filing fee $ 405, receipt number ACANDC-22442742.). Filed by Chloe Dillon. (Proctor, Melanie) (Filed on 9/10/2026)

Clearinghouse
2 Sept. 10, 2026

Proposed Summons. (Attachments: # (1) Summons, # (2) Summons)(Proctor, Melanie) (Filed on 9/10/2026)

RECAP
3 Sept. 10, 2026

Case assigned to Magistrate Judge Peter H Kang. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/24/2026. (mxg, COURT STAFF) (Filed on 9/10/2026)

RECAP
4 Sept. 10, 2026

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Chloe Dillon.. (Proctor, Melanie) (Filed on 9/10/2026)

RECAP
Sept. 10, 2026

~Util - Case Assigned by Intake

5 Sept. 11, 2026

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jaf, COURT STAFF) (Filed on 9/11/2026)

RECAP
6 Sept. 11, 2026

ORDER REASSIGNING CASE IT IS ORDERED that this case is reassigned using a proportionate, random and blind system pursuant to General Order No. 44 to Judge Araceli Martinez-Olguin. Magistrate Judge Peter H Kang no longer assigned to the case. Counsel are instructed that all future filings shall bear the updated judicial initials immediately after the case number. Counsel are reminded to verify the location of the judge on the court website. All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.gov/cameras. Mark B. Busby Clerk, United States District Court (This is a text-only entry generated by the court. There is no document associated with this entry.) (mbc, COURT STAFF) (Filed on 9/11/2026)

RECAP
7 Sept. 11, 2026

Clerk's Notice on Reassignment. You are noticed that the Court has scheduled an Initial Case Management Conference before Judge Araceli Martinez-Olguin upon reassignment. For a copy of Judge Martinez-Olguin's Standing Order and other information, please refer to the Court's website at https://www.cand.uscourts.gov/judges/martinez-olguin-araceli-amo/. Case Management Statement due by 11/30/2026 no later than 12:00 PM PST. Initial Case Management Conference set for 12/10/2026 at 10:00 AM in Oakland, Courtroom 5, 2nd Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Filed on 9/11/2026)

RECAP
Sept. 11, 2026

Clerk's Notice of Impending Reassignment - Text Only

Sept. 11, 2026

Case Assigned/Reassigned

Sept. 11, 2026

Clerk's Notice

8 Sept. 16, 2026

Initial Case Management Scheduling Order with ADR Deadlines

RECAP
9 Sept. 16, 2026

Summons Issued as to USA

RECAP
10 Sept. 22, 2026

Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures

RECAP
11 Sept. 25, 2026

Certificate/Proof of Service

RECAP
Sept. 30, 2026

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Sept. 10, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Former San Fransisco immigration judge terminated without cause.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Justice

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex Parte Young (Federal) or Bivens

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Appointments Clause

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Other Dockets:

Northern District of California 3:26-cv-10143

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Damages

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Employment

Recommended Citation