Southern District of New York • 1:25-cv-02886

G.F.F. v. Trump

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Case Information

Filed: April 08, 2025
Assigned to: Alvin K. Hellerstein
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in Habeas Corpus: INS
Active
Last Activity: July 03, 2025
Parties: View All Parties →

Docket Entries

#1
Apr 08, 2025
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-30895109)Document filed by J.G.O., G.F.F...(Galindo, Daniel) (Entered: 04/08/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 08, 2025
EMERGENCY MOTION for Temporary Restraining Order . Document filed by G.F.F., J.G.O.. Return Date set for 4/8/2025 at 12:00 PM. (Attachments: # 1 Supplement Memorandum of Law in Support of TRO, # 2 Exhibit A Declaration of Grace Carney, # 3 Exhibit B Declaration of Karyn Shealy, # 4 Proposed Order Proposed Order).(Galindo, Daniel) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 04/08/2025)
Main Document: Motion for TRO
Attachment 1: Supplement Memorandum of Law in Support of TRO
Attachment 2: Exhibit A Declaration of Grace Carney
Attachment 3: Exhibit B Declaration of Karyn Shealy
Attachment 4: Proposed Order Proposed Order
#3
Apr 08, 2025
MOTION to Seal to proceed under pseudonym. Document filed by G.F.F., J.G.O.. Return Date set for 4/8/2025 at 12:00 PM. (Attachments: # 1 Proposed Order Granting Petitioners' Motion).(Galindo, Daniel) (Entered: 04/08/2025)
Main Document: Motion to Seal
Attachment 1: Proposed Order Granting Petitioners' Motion
#4
Apr 08, 2025
MOTION to Certify Class . Document filed by G.F.F., J.G.O.. Return Date set for 4/8/2025 at 02:00 PM. (Attachments: # 1 Affidavit Declaration of Daniel Galindo, # 2 Proposed Order Proposed Order).(Galindo, Daniel) (Entered: 04/08/2025)
Main Document: Motion to Certify Class
Attachment 1: Affidavit Declaration of Daniel Galindo
Attachment 2: Proposed Order Proposed Order
#5
Apr 08, 2025
CIVIL COVER SHEET filed..(Galindo, Daniel) (Entered: 04/08/2025)
Main Document: Civil Cover Sheet
#6
Apr 08, 2025
ORDER REGULATING PROCEEDINGS, The parties are hereby ordered to appear for a hearing on Petitioners' motion for a temporary restraining order on April 9, 2025, at 10:00 a.m. in Courtroom 14D of the Daniel Patrick Moynihan United States Courthouse. In the meantime, and until ordered otherwise, to preserve the Court's jurisdiction, Petitioners shall neither be removed from the United States, nor transferred out of this District, unless and until the Court orders otherwise. See, e.g., MK. v. Joyce, 25 Civ. 1935 (JMF), 2025 U.S. Dist. LEXIS 45048, at *2 (S.D.N.Y. March 10, 2025); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Ass 'n, 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction."). No later than today, April 8, 2025, Petitioners' counsel is directed (1) to serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, by e-mail to the United States Attorney's Office for the Southern District of New York and by overnight mail; and (2) to promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. SO ORDERED. ( Status Conference set for 4/9/2025 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 4/8/25) (yv) (Entered: 04/08/2025)
Main Document: Order
#7
Apr 08, 2025
NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of G.F.F., J.G.O...(Hodgson, Robert) (Entered: 04/08/2025)
Main Document: Notice of Appearance
#8
Apr 08, 2025
NOTICE OF APPEARANCE by Amy Belsher on behalf of G.F.F., J.G.O...(Belsher, Amy) (Entered: 04/08/2025)
Main Document: Notice of Appearance
#9
Apr 08, 2025
NOTICE OF APPEARANCE by Molly Knopp Biklen on behalf of G.F.F., J.G.O...(Biklen, Molly) (Entered: 04/08/2025)
Main Document: Notice of Appearance
#10
Apr 08, 2025
ORDER GRANTING PETITIONERS' MOTION FOR LEAVE TO PROCEED UNDER PSEUDONYMS granting 3 Letter Motion to Seal. Upon consideration of Petitioners' Motion for Leave to Proceed Under Pseudonyms and for good cause shown, the motion is GRANTED. It is hereby ORDERED that Petitioners are given leave to proceed under the pseudonyms G.F.F. and J.G.O. It is so ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/8/25) (yv) (Entered: 04/08/2025)
Main Document: Order on Motion to Seal
#11
Apr 08, 2025
CERTIFICATE OF SERVICE of ECF 1-6 served on United States Attorneys Office for the Southern District of New York on 4/8/2025. Service was accepted by Jeffrey Oestericher. Document filed by G.F.F., J.G.O...(Galindo, Daniel) (Entered: 04/08/2025)
Main Document: Certificate of Service Other
#12
Apr 08, 2025
NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Paul Arteta, Pamela Bondi, William P. Joyce, Todd Lyons, Kirsti Noem, Marco Rubio..(Oestericher, Jeffrey) (Entered: 04/08/2025)
Main Document: Notice of Appearance
#13
Apr 08, 2025
NOTICE OF APPEARANCE by Patrick Christopher Toomey on behalf of G.F.F., J.G.O...(Toomey, Patrick) (Entered: 04/08/2025)
Main Document: Notice of Appearance
#14
Apr 08, 2025
NOTICE OF APPEARANCE by Ashley Marie Gorski on behalf of G.F.F., J.G.O...(Gorski, Ashley) (Entered: 04/08/2025)
Main Document: Notice of Appearance
#15
Apr 08, 2025
NOTICE OF APPEARANCE by Hina Shamsi on behalf of G.F.F., J.G.O...(Shamsi, Hina) (Entered: 04/08/2025)
Main Document: Notice of Appearance
#16
Apr 08, 2025
LETTER addressed to Judge Alvin K. Hellerstein from Daniel Galindo dated 04/08/2025 re: ECF No. 4. Document filed by G.F.F., J.G.O...(Galindo, Daniel) (Entered: 04/08/2025)
Main Document: Letter
#17
Apr 08, 2025
NOTICE of Errata re: Proposed Order Granting Class Certification re: 4 MOTION to Certify Class .. Document filed by G.F.F., J.G.O...(Galindo, Daniel) (Entered: 04/08/2025)
Main Document: Notice (Other)
#18
Apr 08, 2025
NOTICE OF APPEARANCE by Drew C Ensign on behalf of Paul Arteta, Pamela Bondi, William P. Joyce, Todd Lyons, Kirsti Noem, Marco Rubio, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. State Department..(Ensign, Drew) (Entered: 04/08/2025)
Main Document: Notice of Appearance
Apr 08, 2025
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
Apr 08, 2025
Case Designated ECF
Apr 08, 2025
Case Designation
Apr 08, 2025
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Galindo. The party information for the following party/parties has been modified: G.F.F.; J.G.O.; Donald J. Trump; Pamela Bondi; Kirsti Noem; Todd Lyons; Marco Rubio; William Joyce; Paul Arteta. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo)
Apr 08, 2025
Case Designated ECF. (jgo)
Apr 08, 2025
Notice to Attorney Regarding Party Modification
Apr 08, 2025
Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
Apr 08, 2025
Case Opening Initial Assignment Notice
#19
Apr 09, 2025
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) Modified on 4/10/2025 (pc). (Entered: 04/09/2025)
Main Document: Request for Issuance of Summons
#20
Apr 09, 2025
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Pamela Bondi, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) Modified on 4/10/2025 (pc). (Entered: 04/09/2025)
Main Document: Request for Issuance of Summons
#21
Apr 09, 2025
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kristi Noem, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) Modified on 4/10/2025 (pc). (Entered: 04/09/2025)
Main Document: Request for Issuance of Summons
#22
Apr 09, 2025
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) Modified on 4/10/2025 (pc). (Entered: 04/09/2025)
Main Document: Request for Issuance of Summons
#23
Apr 09, 2025
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Todd Lyons, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) Modified on 4/10/2025 (pc). (Entered: 04/09/2025)
Main Document: Request for Issuance of Summons
#24
Apr 09, 2025
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) Modified on 4/10/2025 (pc). (Entered: 04/09/2025)
Main Document: Request for Issuance of Summons
#25
Apr 09, 2025
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Marco Rubio, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) Modified on 4/10/2025 (pc). (Entered: 04/09/2025)
Main Document: Request for Issuance of Summons
#26
Apr 09, 2025
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of State, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) Modified on 4/10/2025 (pc). (Entered: 04/09/2025)
Main Document: Request for Issuance of Summons
#27
Apr 09, 2025
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to William P. Joyce, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) Modified on 4/10/2025 (pc). (Entered: 04/09/2025)
Main Document: Request for Issuance of Summons
#28
Apr 09, 2025
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Paul Arteta, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) Modified on 4/10/2025 (pc). (Entered: 04/09/2025)
Main Document: Request for Issuance of Summons
#29
Apr 09, 2025
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Attorney's Office, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) Modified on 4/10/2025 (pc). (Entered: 04/09/2025)
Main Document: Request for Issuance of Summons
#30
Apr 09, 2025
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Donald J. Trump, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) Modified on 4/10/2025 (pc). (Entered: 04/09/2025)
Main Document: Request for Issuance of Amended Summons
#31
Apr 09, 2025
ORDER GRANTING TEMPORARY RESTRAINING ORDER granting 2 Motion for TRO. It is, therefore:ORDERED that Respondents, their agents, representatives, and all persons or entities acting in concert with them are hereby: 1. ORDERED, pending further order of this Court, not to remove Petitioners, including members of the class certified by the Court in my Order Granting Petitioners' Motion for Class Certification, from the United States under the Presidential Proclamation, unless upon notice and hearing; and 2. ORDERED, pending further order of this Court, not to transfer Petitioners, including members of the class certified by the Court in my Order Granting Petitioners' Motion for Class Certification, from the Southern District of New York; and, 3. ORDERED that Petitioners shall not be required to furnish security for costs; and 4. ORDERED that Respondents shall file their brief in opposition to a preliminary injunction by April 15, 2025, and that Petitioners shall file their reply brief by April 17,2025; and 5. ORDERED that the parties shall appear for a preliminary injunction hearing on April 22, 2025, at 2:30 p.m., in Courtroom 14D. By April 17, 2025, the parties shall submit, via email to HellersteinNYSDChambers@nysd.uscourts.gov, a joint list of the attorneys expected to appear on the record at this hearing; and 6. ORDERED that this temporary restraining order will expire at the conclusion of the preliminary injunction hearing, or by further order of the Court. The Clerk of Court shall terminate ECF No. 2. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/9/2025) (jjc) (Entered: 04/09/2025)
Main Document: Order on Motion for TRO
#32
Apr 09, 2025
OPINION AND ORDER GRANTING CLASS CERTIFICATION re: 4 MOTION to Certify Class . filed by J.G.O., G.F.F.. Accordingly, under Freiser, I find that it is appropriate to permit this habeas action to proceed on a class-wide basis. Based on the foregoing, I certify a class, for purposes of this habeas action, designated as follows: All noncitizens in U.S. custody in the Southern District of New York who were, are, or will be subject to the March 2025 Presidential Proclamation entitled 'Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua' and/or its implementation, who have not been given notice following the Supreme Court's decision of April 7, 2025, Trump v. JG.G., No. 24A931, 2025 WL 1024097, and granted a hearing. The notice to be provided shall be written in English and Spanish, the language of those sought to be expelled, and if needed, Spanish-to-English interpreters shall be provided for hearings. I appoint Petitioners G.F.F. and J.G.O. as Class Representatives, and I further appoint Petitioners' counsel, attorneys of the American Civil Liberties Union and the Democracy Forward Foundation, as class counsel. The issue of what hearing is required under the AEA, whether in this Court, or some other forum, is reserved for further consideration at the preliminary injunction hearing, which will be held on April 22, 2025, at 2:30 p.m., in Courtroom 14D. Since there is no need now to determine the validity of the Presidential Proclamation or the applicability of the AEA, I deny that part of the motion as premature. The Clerk of Court shall terminate ECF No. 4. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/9/2025) (jjc) (Entered: 04/09/2025)
Main Document: Memorandum & Opinion
Apr 09, 2025
Motion Hearing
Apr 09, 2025
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Motion Hearing held on 4/9/2025 re: 4 MOTION to Certify Class . filed by J.G.O., G.F.F., 2 EMERGENCY MOTION for Temporary Restraining Order . filed by J.G.O., G.F.F., ( Responses due by 4/15/2025, Replies due by 4/17/2025., Oral Argument set for 4/22/2025 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Court Reporter Pam Utter) (Jones, Brigitte)
Apr 09, 2025
Motion Hearing AND ~Util - Set Deadlines/Hearings
#33
Apr 10, 2025
NOTICE of Request for Modifications Regarding Class Certification re: 32 Memorandum & Opinion,,,,,,. Document filed by G.F.F., J.G.O...(Galindo, Daniel) (Entered: 04/10/2025)
Main Document: Notice (Other)
Apr 10, 2025
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Apr 10, 2025
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Galindo to RE-FILE Document No. 20 Request for Issuance of Summons, 19 Request for Issuance of Summons, 26 Request for Issuance of Summons, 24 Request for Issuance of Summons, 23 Request for Issuance of Summons, 25 Request for Issuance of Summons, 29 Request for Issuance of Summons, 28 Request for Issuance of Summons, 22 Request for Issuance of Summons, 21 Request for Issuance of Summons, 27 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; caption title on the summons is incorrect (U.S. State Department);. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
Apr 10, 2025
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Galindo to RE-FILE Document No. 29 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Only parties listed on the Petition caption title can be issued a summons;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
Apr 10, 2025
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Galindo to RE-FILE Document No. 30 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; caption title is incorrect (U.S. State Department);. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
#34
Apr 11, 2025
ORDER AMENDING CLASS CERTIFICATION: Petitioners move to amend the definition of the certified class by removing the requirement that class members be in the custody of the United States, to ensure that the class includes individuals subject to the Presidential Proclamation who are in state or local custody. See ECF No. 33. I grant this motion. Accordingly, the class is hereby defined as: All noncitizens in federal, state, or local custody in the Southern District of New York who were, are, or will be subject to the March 2025 Presidential Proclamation entitled 'Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua' and/or its implementation, who have not been given notice following the Supreme Court's decision of April 7, 2025, Trump v. J.G.G., No. 24A931, 2025 WL 1024097, and granted a hearing. The notice to be provided shall be written in English and Spanish, the language of those sought to be expelled, and if needed, Spanish-to-English interpreters shall be provided for hearings. An amended temporary restraining order will be filed contemporaneously. I also grant Petitioners' motion to strike attorneys from Democracy Forward as class counsel, and to add attorneys from the New York Civil Liberties Union as class counsel. (Signed by Judge Alvin K. Hellerstein on 4/11/2025) (tro) (Entered: 04/11/2025)
Main Document: Order
#35
Apr 11, 2025
AMENDED TEMPORARY RESTRAINING ORDER: It is, therefore: ORDERED that Respondents, their agents, representatives, and all persons or entities acting in concert with them are hereby: 1. ORDERED, pending further order of this Court, not to remove Petitioners, including members of the certified class defined as "All noncitizens in federal, state, or local custody in the Southern District of New York who were, are, or will be subject to the March 2025 Presidential Proclamation entitled 'Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua' and/or its implementation, who have not been given notice following the Supreme Court's decision of April 7, 2025, Trump v. J.G.G., No. 24A931, 2025 WL 1024097, and granted a hearing," from the United States under the Presidential Proclamation, unless upon notice and hearing, and such notice shall be written in English and Spanish, the language of those sought to be expelled, and if needed, Spanish-to-English interpreters shall be provided for hearings; and 2. ORDERED, pending further order of this Court, not to transfer Petitioners, including members of the certified class defined as "All noncitizens in federal, state, or local custody in the Southern District of New York who were, are, or will be subject to the March 2025 Presidential Proclamation entitled 'Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua' and/or its implementation, who have not been given notice following the Supreme Court's decision of April 7, 2025, Trump v. J.G.G., No. 24A931, 2025 WL 1024097, and granted a hearing," from the Southern District of New York; and, 3.ORDERED that Petitioners shall not be required to furnish security for costs; and 4. ORDERED that Respondents shall file their brief in opposition to a preliminary injunction by April 15, 2025, and that Petitioners shall file their reply brief by April 17, 2025; and 5. ORDERED that the parties shall appear for a preliminary injunction hearing on April 22, 2025, at 2:30 p.m., in Courtroom 14D. By April 17, 2025, the parties shall submit, via email to HellersteinNYSDChambers@nysd.uscourts.gov, a joint list of the attorneys expected to appear on the record at this hearing; and 6. ORDERED that this temporary restraining order will expire at the conclusion of the preliminary injunction hearing, or by further order of the Court. ( Reply to Response to Brief due by 4/17/2025., Responses to Brief due by 4/15/2025, Status Conference set for 4/22/2025 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 4/11/2025) (tro) (Entered: 04/11/2025)
Main Document: Temporary Restraining Order AND ~Util - Set Deadlines/Hearings
#36
Apr 11, 2025
TRANSCRIPT of Proceedings re: ARGUMENT held on 4/9/2025 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/2/2025. Redacted Transcript Deadline set for 5/12/2025. Release of Transcript Restriction set for 7/10/2025..(McGuirk, Kelly) (Entered: 04/11/2025)
Main Document: Transcript
#37
Apr 11, 2025
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 4/9/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 04/11/2025)
Main Document: Notice of Filing Transcript
#38
Apr 11, 2025
MOTION To Review Docket Access Restriction . Document filed by G.F.F., J.G.O.. (Attachments: # 1 Proposed Order Proposed Order).(Galindo, Daniel) (Entered: 04/11/2025)
Main Document: Miscellaneous Relief
Attachment 1: Proposed Order Proposed Order
#39
Apr 15, 2025
ORDER LIFTING DOCKET VIEWING RESTRICTIONS granting 38 Motion for To Review Docket Access Restriction. The Court orders that the limitations on remote access to electronic files otherwise applicable in this case, see Fed. R. Civ. P. 5.2(c), are lifted. Accordingly, the Clerk of Court is directed to lift all viewing restrictions on the docket-i.e., to make all prior filings electronically available to the public. All future filings shall be publicly available unless the Court grants leave to file under seal or in redacted form. If necessary, the Clerk of Court may change the nature of suit code to No. 530, "Habeas Corpus," thereby lifting the limitations on remote electronic access to the docket imposed by Rule 5.2(c). (Signed by Judge Alvin K. Hellerstein on 4/15/25) (yv) (Entered: 04/15/2025)
Main Document: Order on Motion for Miscellaneous Relief
#40
Apr 15, 2025
MOTION for Lee Gelernt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30936916. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by G.F.F., J.G.O.. Return Date set for 4/17/2025 at 12:00 PM. (Attachments: # 1 Affidavit of Lee Gelernt, # 2 Supplement Certificate of Good Standing, # 3 Proposed Order Granting Pro Hac Vice Motion of Lee Gelernt).(Gelernt, Lee) (Entered: 04/15/2025)
Main Document: Appear Pro Hac Vice
#41
Apr 15, 2025
MEMORANDUM OF LAW in Opposition re: 2 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Paul Arteta, Pamela Bondi, William P. Joyce, Todd Lyons, Kirsti Noem, Marco Rubio, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. State Department. (Attachments: # 1 Exhibit A: Smith Declaration, # 2 Exhibit B: Charles Declaration, # 3 Exhibit C: Kozak, # 4 Exhibit D: Elliston, # 5 Exhibit E: Dawson).(Ensign, Drew) (Entered: 04/15/2025)
Main Document: Memorandum of Law in Opposition to Motion
Attachment 1: Exhibit A: Smith Declaration
Attachment 2: Exhibit B: Charles Declaration
Attachment 3: Exhibit C: Kozak
Attachment 4: Exhibit D: Elliston
Attachment 5: Exhibit E: Dawson
#42
Apr 16, 2025
ORDER FOR ADMISSION PRO HAC VICE granting 40 Motion for Lee Gelernt to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Mr. Gelernt is admitted for practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the rules governing the discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 4/16/2025) (mml) (Entered: 04/16/2025)
Main Document: Order on Motion to Appear Pro Hac Vice
Apr 16, 2025
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 40 MOTION for Lee Gelernt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30936916. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)
Apr 16, 2025
Notice Regarding Pro Hac Vice Motion
#43
Apr 17, 2025
MOTION for Leave to File Excess Pages . Document filed by G.F.F., J.G.O.. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion for Overlength Brief).(Galindo, Daniel) (Entered: 04/17/2025)
Main Document: File Excess Pages
Attachment 1: Proposed Order Granting Plaintiffs' Motion for Overlength Brief
#44
Apr 17, 2025
REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) (Entered: 04/17/2025)
Main Document: Request for Issuance of Summons
#45
Apr 17, 2025
REQUEST FOR ISSUANCE OF SUMMONS as to Pamela Bondi, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) (Entered: 04/17/2025)
Main Document: Request for Issuance of Summons
#46
Apr 17, 2025
REQUEST FOR ISSUANCE OF SUMMONS as to Kristi Noem, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) (Entered: 04/17/2025)
Main Document: Request for Issuance of Summons
#47
Apr 17, 2025
REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) (Entered: 04/17/2025)
Main Document: Request for Issuance of Summons
#48
Apr 17, 2025
REQUEST FOR ISSUANCE OF SUMMONS as to Todd Lyons, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) (Entered: 04/17/2025)
Main Document: Request for Issuance of Summons
#49
Apr 17, 2025
REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) (Entered: 04/17/2025)
Main Document: Request for Issuance of Summons
#50
Apr 17, 2025
REQUEST FOR ISSUANCE OF SUMMONS as to William P. Joyce, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) (Entered: 04/17/2025)
Main Document: Request for Issuance of Summons
#51
Apr 17, 2025
REQUEST FOR ISSUANCE OF SUMMONS as to Paul Arteta, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) (Entered: 04/17/2025)
Main Document: Request for Issuance of Summons
#52
Apr 17, 2025
REQUEST FOR ISSUANCE OF SUMMONS as to Marco Rubio, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) (Entered: 04/17/2025)
Main Document: Request for Issuance of Summons
#53
Apr 17, 2025
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. State Department, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) Modified on 4/18/2025 (pc). (Entered: 04/17/2025)
Main Document: Request for Issuance of Summons
#54
Apr 17, 2025
REPLY MEMORANDUM OF LAW in Support re: 2 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by G.F.F., J.G.O.. (Attachments: # 1 Exhibit A, Declaration of Rebecca Hanson, # 2 Exhibit B, Declaration of Andres Antillano, # 3 Exhibit C, Declaration of Steven Dudley, # 4 Exhibit D, Declaration of Sarah Bishop, # 5 Exhibit E, Declaration of Juanita Goebertus, # 6 Exhibit F, Declaration of Paulina Reyes, # 7 Exhibit G, Declaration of Linette Tobin, # 8 Exhibit H, Declaration of Oscar Sarabia Roman, # 9 Exhibit I, Declaration of Deborah Fleischaker).(Galindo, Daniel) (Entered: 04/17/2025)
Main Document: Reply Memorandum of Law in Support of Motion
Attachment 1: Exhibit A, Declaration of Rebecca Hanson
Attachment 2: Exhibit B, Declaration of Andres Antillano
Attachment 3: Exhibit C, Declaration of Steven Dudley
Attachment 4: Exhibit D, Declaration of Sarah Bishop
Attachment 5: Exhibit E, Declaration of Juanita Goebertus
Attachment 6: Exhibit F, Declaration of Paulina Reyes
Attachment 7: Exhibit G, Declaration of Linette Tobin
Attachment 8: Exhibit H, Declaration of Oscar Sarabia Roman
Attachment 9: Exhibit I, Declaration of Deborah Fleischaker
#55
Apr 18, 2025
ORDER GRANTING PETITIONERS-PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE OVERLENGTH BRIEF granting 43 Letter Motion for Leave to File Excess Pages. Upon consideration of Petitioners-Plaintiffs' Unopposed Motion for Leave to File Overlength Brief and for good cause shown, the motion is GRANTED. It is hereby ORDERED that Petitioners are given leave to file a brief not to exceed 6,000 words. (Signed by Judge Alvin K. Hellerstein on 4/18/25) (yv) (Entered: 04/18/2025)
Main Document: Order on Motion for Leave to File Excess Pages
#56
Apr 18, 2025
ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security..(pc) (Entered: 04/18/2025)
Main Document: Summons Issued
#57
Apr 18, 2025
ELECTRONIC SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement..(pc) (Entered: 04/18/2025)
Main Document: Summons Issued
#58
Apr 18, 2025
ELECTRONIC SUMMONS ISSUED as to Todd Lyons..(pc) (Entered: 04/18/2025)
Main Document: Summons Issued
#59
Apr 18, 2025
ELECTRONIC SUMMONS ISSUED as to Pamela Bondi..(pc) (Entered: 04/18/2025)
Main Document: Summons Issued
#60
Apr 18, 2025
ELECTRONIC SUMMONS ISSUED as to Kristi Noem..(pc) (Entered: 04/18/2025)
Main Document: Summons Issued
#61
Apr 18, 2025
ELECTRONIC SUMMONS ISSUED as to William P. Joyce..(pc) (Entered: 04/18/2025)
Main Document: Summons Issued
#62
Apr 18, 2025
ELECTRONIC SUMMONS ISSUED as to Marco Rubio..(pc) (Entered: 04/18/2025)
Main Document: Summons Issued
#63
Apr 18, 2025
ELECTRONIC SUMMONS ISSUED as to Paul Arteta..(pc) (Entered: 04/18/2025)
Main Document: Summons Issued
#64
Apr 18, 2025
ELECTRONIC SUMMONS ISSUED as to Donald J. Trump..(pc) (Entered: 04/18/2025)
Main Document: Summons Issued
#65
Apr 18, 2025
NOTICE OF APPEARANCE by Tiberius T Davis on behalf of Paul Arteta, Pamela Bondi, William P. Joyce, Kristi Noem, Todd Lyons, Marco Rubio, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. State Department..(Davis, Tiberius) (Entered: 04/18/2025)
Main Document: Notice of Appearance
Apr 18, 2025
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Galindo to RE-FILE Document No. 53 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name does not exactly match Petition caption title. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
Apr 18, 2025
Notice to Attorney Regarding Deficient Request for Issuance of Summons
#66
Apr 21, 2025
FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to State Department, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O... (Galindo, Daniel) Modified on 4/22/2025 (sj). (Entered: 04/21/2025)
Main Document: Request for Issuance of Summons
#67
Apr 21, 2025
MOTION for My Khanh Ngo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by G.F.F., J.G.O.. (Attachments: # 1 Affidavit of My Khanh Ngo, # 2 Supplement Certificate of Good Standing, # 3 Proposed Order Granting Pro Hac Vice Motion of My Khanh Ngo).(Ngo, My Khanh) (Entered: 04/21/2025)
Main Document: Appear Pro Hac Vice
Attachment 1: Affidavit of My Khanh Ngo
Attachment 2: Supplement Certificate of Good Standing
Attachment 3: Proposed Order Granting Pro Hac Vice Motion of My Khanh Ngo
#68
Apr 21, 2025
MOTION for Cody Wofsy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30962831. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by G.F.F., J.G.O.. (Attachments: # 1 Affidavit of Cody Wofsy, # 2 Supplement Certificate of Good Standing, # 3 Proposed Order Granting Pro Hac Vice Motion of Cody Wofsy).(Wofsy, Cody) (Entered: 04/21/2025)
Main Document: Appear Pro Hac Vice
Attachment 1: Affidavit of Cody Wofsy
Attachment 2: Supplement Certificate of Good Standing
Attachment 3: Proposed Order Granting Pro Hac Vice Motion of Cody Wofsy
#69
Apr 21, 2025
MOTION for Noelle Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30962865. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by G.F.F., J.G.O.. (Attachments: # 1 Affidavit of Noelle Smith, # 2 Supplement Certificate of Good Standing, # 3 Proposed Order Granting Pro Hac Vice Motion of Noelle Smith).(Smith, Noelle) (Entered: 04/21/2025)
Main Document: Appear Pro Hac Vice
Attachment 1: Affidavit of Noelle Smith
Attachment 2: Supplement Certificate of Good Standing
Attachment 3: Proposed Order Granting Pro Hac Vice Motion of Noelle Smith
#70
Apr 21, 2025
MOTION for Oscar Sarabia Roman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30962887. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by G.F.F., J.G.O.. (Attachments: # 1 Affidavit Oscar Sarabia Roman, # 2 Supplement Certificate of Good Standing, # 3 Proposed Order Granting Pro Hac Vice Motion of Oscar Sarabia Roman).(Sarabia Roman, Oscar) (Entered: 04/21/2025)
Main Document: Appear Pro Hac Vice
Attachment 1: Affidavit Oscar Sarabia Roman
Attachment 2: Supplement Certificate of Good Standing
Attachment 3: Proposed Order Granting Pro Hac Vice Motion of Oscar Sarabia Roman
#71
Apr 21, 2025
NOTICE OF APPEARANCE by Omar C. Jadwat on behalf of G.F.F., J.G.O...(Jadwat, Omar) (Entered: 04/21/2025)
Main Document: Notice of Appearance
#72
Apr 21, 2025
MOTION to Vacate 32 Memorandum & Opinion,,,,,, . Document filed by William P. Joyce, Kristi Noem, Todd Lyons, Marco Rubio, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. State Department..(Ensign, Drew) (Entered: 04/21/2025)
Main Document: Vacate
#73
Apr 22, 2025
ORDER FOR ADMISSION PRO HAC VICE granting 70 Motion for Oscar Sarabia Roman to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Mr. Sarabia Roman is admitted for practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the rules governing the discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 4/22/2025) (mml) (Entered: 04/22/2025)
Main Document: Order on Motion to Appear Pro Hac Vice
#74
Apr 22, 2025
ORDER FOR ADMISSION PRO HAC VICE granting 69 Motion for Noelle Smith to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Ms. Smith is admitted for practice Pro Hac Vice in theabove captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Cou1t are subject to the Local Rules of this Court, including the rules governing the discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 4/22/2025) (mml) (Entered: 04/22/2025)
Main Document: Order on Motion to Appear Pro Hac Vice
#75
Apr 22, 2025
ORDER FOR ADMISSION PRO HAC VICE granting 68 Motion for Cody Wofsy to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Mr. Wofsy is admitted for practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the rules governing the discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 4/22/2025) (mml) (Entered: 04/22/2025)
Main Document: Order on Motion to Appear Pro Hac Vice
#76
Apr 22, 2025
ORDER FOR ADMISSION PRO HAC VICE granting 67 Motion for My Khanh Ngo to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Ms. Ngo is admitted for practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the rules governing the discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 4/22/2025) (mml) (Entered: 04/22/2025)
Main Document: Order on Motion to Appear Pro Hac Vice
#77
Apr 22, 2025
REQUEST FOR ISSUANCE OF SUMMONS as to U.S. State Department, re: 1 Petition for Writ of Habeas Corpus. Document filed by G.F.F., J.G.O...(Galindo, Daniel) (Entered: 04/22/2025)
Main Document: Request for Issuance of Summons
#78
Apr 22, 2025
ORDER EXTENDING TEMPORARY RESTRAINING ORDER: The Court heard arguments on Petitioners' motion for a preliminary injunction and reserved judgment thereon. In the meantime, and until May 6, 2025, or further order of this Court, the temporary restraining order, as amended on April 11, 2025 (ECF No. 35), and which was first issued on April 9, 2025 (ECF No. 31), is extended for good cause to permit the Court to reserve judgment on this matter, and for the reasons stated on the record. See Fed. R. Civ. P. 65(b)(2); SEC v. Unifund Sal, 910 F.2d 1028, 1034-35 (2d Cir. 1990) ("[N]othing in rule 65 of the Federal Rules of Civil Procedure prevents a district court from continuing a TRO while reserving decision on a motion for a preliminary injunction."). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/22/2025) (jca) (Entered: 04/22/2025)
Main Document: Order
Apr 22, 2025
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Galindo to RE-FILE Document No. 66 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant's name listed in docket entry must match the names exactly as itr appears in the pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
Apr 22, 2025
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 70 MOTION for Oscar Sarabia Roman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30962887. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
Apr 22, 2025
Notice Regarding Pro Hac Vice Motion
Apr 22, 2025
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 67 MOTION for My Khanh Ngo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
Apr 22, 2025
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Apr 22, 2025
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 68 MOTION for Cody Wofsy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30962831. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
Apr 22, 2025
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 69 MOTION for Noelle Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30962865. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
Apr 22, 2025
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 4/22/2025 re: 72 MOTION to Vacate 32 Memorandum & Opinion filed by U.S. Department of Homeland Security, U.S. State Department, Todd Lyons, U.S. Immigration and Customs Enforcement, Marco Rubio, William P. Joyce, Kristi Noem, Donald J. Trump. (Court Reporter Sharonda Jones) (Jones, Brigitte)
#79
Apr 23, 2025
ELECTRONIC SUMMONS ISSUED as to U.S. State Department. (vf) (Entered: 04/23/2025)
Main Document: Summons Issued
#80
Apr 24, 2025
NOTICE of Notice of Relevant Declaration filed in J.A.V. v. Trump re: 54 Reply Memorandum of Law in Support of Motion,,. Document filed by G.F.F., J.G.O.. (Attachments: # 1 Exhibit Declaration of Carlos D. Cisneros).(Gelernt, Lee) (Entered: 04/24/2025)
Main Document: Notice (Other)
Attachment 1: Exhibit Declaration of Carlos D. Cisneros
#81
Apr 28, 2025
TRANSCRIPT of Proceedings re: HEARING held on 4/22/2025 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Sharonda Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/19/2025. Redacted Transcript Deadline set for 5/29/2025. Release of Transcript Restriction set for 7/28/2025..(McGuirk, Kelly) (Entered: 04/28/2025)
Main Document: Transcript
#82
Apr 28, 2025
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 4/22/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 04/28/2025)
Main Document: Notice of Filing Transcript
May 05, 2025
Oral Argument AND ~Util - Set Deadlines/Hearings
#83
May 06, 2025
ORDER DENYING RESPONDENTS' MOTION TO DECERTIFY THE CLASS denying 72 Motion to Vacate. Here, it is not known how many people in the jurisdiction of this Court may become subject to an order of removal. The issues resolved in this case may have to be resolved over and again as the government removal policy continues. Judicial efficiency, and considerations of due process for individuals yet to be ordered to be removed, support a class action. Moreover, here, the facts are akin to those in Freiser, since many of the Class members cannot speak English, do not have easy access to counsel, and share common questions. "The approach laid out by the Freiser court is, in short, both flexible and sensitive to the particular circumstances of a given case." Martinez-Brooks v. Easter, 459 F. Supp. 3d 411, 450 (D. Conn. 2020). Accordingly, I deny Respondents' motion to decertify the Class. The Clerk of Court shall terminate ECF No. 72. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/6/2025) (ar) (Entered: 05/06/2025)
Main Document: Order on Motion to Vacate
#84
May 06, 2025
OPINION AND ORDER GRANTING PRELIMINARY INJUNCTION: Based on the foregoing, I grant Petitioners' motion for a preliminary injunction. Accordingly, Respondents, their officers, agents, servants, employees, attorneys, and any persons who are in active concert or participation with them, are hereby: 1. Enjoined, pending further order of this Court, from enforcing, in the Southern District of New York, Presidential Proclamation No. 10903, 90 Fed. Reg. 13,033 (2025) entitled "Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua," and are thus prohibited from, inter alia, removing Petitioners, including members of the Certified Class, from the United States, under authority of said Presidential Proclamation. 2. Ordered, pending further order of this Court, pursuant to the All Writs Act, 28 U.S.C. § 1651(a), not to transfer Petitioners, including members of the Certified Class, ECF No. 34, from the Southern District of New York, provided, however, that nothing in this Order shall be construed to bar the removal, or release from immigration detention, of Petitioners pursuant to proceedings held under the Immigration and Nationality Act. 3. Ordered that Petitioners shall not be required to furnish security, since Respondents have not shown proof of likelihood of harm that would result from the issuance of this preliminary injunction. This Order shall remain in effect during the pendency of this action, or until further order of this Court. The parties shall settle, on two days ' notice, the terms of a proposed amended preliminary injunction order, consistent with this Opinion. The parties are hereby ordered to appear for a pre-trial conference on May 21, 2025, at 2:30 p.m., in Courtroom 14D. By May 19, 2025, the parties shall submit to the Court (via the email address HellersteinNYSDChambers @nysd.uscourts.gov) a joint list of attorneys expected to appear on the record at this conference, and an agenda of what they wish to discuss. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/6/2025) (Pretrial Conference set for 5/21/2025 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (ar) (Entered: 05/06/2025)
Main Document: Memorandum & Opinion AND ~Util - Set Hearings
#85
May 08, 2025
NOTICE OF APPEARANCE by Michael Ross on behalf of Paul Arteta, Pamela Bondi, William P. Joyce, Kristi Noem, Todd Lyons, Marco Rubio, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. State Department..(Ross, Michael) (Entered: 05/08/2025)
Main Document: Notice of Appearance
#86
May 08, 2025
FIRST MOTION for Extension of Time Regarding Court's Amended Preliminary Injunction Order. Document filed by Paul Arteta, Pamela Bondi, William P. Joyce, Kristi Noem, Todd Lyons, Marco Rubio, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. State Department. (Attachments: # 1 Proposed Order Granting Respondents' Motion to Extend Time).(Davis, Tiberius) (Entered: 05/08/2025)
Main Document: Extension of Time
Attachment 1: Proposed Order Granting Respondents' Motion to Extend Time
#87
May 09, 2025
MEMO ENDORSED ORDER granting 86 Motion for Extension of Time. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 5/9/25) (yv) (Entered: 05/09/2025)
Main Document: Order on Motion for Extension of Time
#88
May 13, 2025
PROPOSED ORDER. Document filed by G.F.F., J.G.O.. Related Document Number: 84 ..(Galindo, Daniel) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 05/13/2025)
Main Document: Proposed Order
#89
May 14, 2025
ORDER : It is, therefore, ORDERED that Petitioners' Motion for a Preliminary Injunction is hereby GRANTED; and that Respondents (excluding the President with respect to any injunctive relief), their agents, representatives, and all persons or entities acting in concert with them are hereby: 1.ENJOINED from enforcing the Presidential Proclamation entitled "Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua" in the Southern District of New York; 2. ORDERED not to regulate, restrain, detain, or remove Petitioners, or any members of the certified class, from the United States under the Proclamation, regardless of their present location; 3.ORDERED not to transfer Petitioners, including members of the certified class, from the Southern District of New York, provided, however, that nothing in this Order shall be construed to bar the transfer, removal, or release from immigration detention, of Petitioners pursuant to proceedings held under the Immigration and Nationality Act.To the extent class members are transferred, the Court retains jurisdiction and the class members can only be transferred out of the District for removal under the Immigration and Nationality Act or where otherwise consented to by counsel; 4. ORDERED to provide class counsel with the following for all past, current, and future members of the certified class who have been or will be detained in the Southern District of New York at any point on or after April 8, 2025 and as further set forth in this Order. 5. ORDERED that after the May 21 conference, further proceedings in this Court shall be stayed pending appeal. Any party may move to lift the stay at any time. It is further ORDERED that Petitioners shall not be required to furnish security for costs. By agreeing to this proposed order, Respondents are not waiving or conceding any rights or arguments. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/14/25) (yv) (Entered: 05/14/2025)
Main Document: Preliminary Injunction
#90
May 14, 2025
MEMO ENDORSEMENT on re: 88 Proposed Order filed by J.G.O., G.F.F. ENDORSEMENT: The Court agrees with Respondents that requiring the "Alien Enemy Validation Form" for each class member is moot at this point, since this Court's Preliminary Injunction prevents removal under the Alien Enemies Act. Should the Government wish to proceed, it is required to provide sufficient notice to Petitioners' counsel, as described in the Court's Opinion of May 6, 2025, ECF No. 84. (Signed by Judge Alvin K. Hellerstein on 5/14/25) (yv) (Entered: 05/14/2025)
Main Document: Memo Endorsement
May 14, 2025
Notice to Court Regarding Proposed Order
May 14, 2025
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 88 Proposed Order was reviewed and approved as to form. (km)
#91
May 19, 2025
SCHEDULING ORDER: The status conference scheduled for May 21, 2025 is hereby adjourned to June 17, 2025, at 10:30 a.m., in Courtroom 14D. If the parties wish for the Court to convene a conference at an earlier date, they may do so by filing a letter on ECF. SO ORDERED. Status Conference set for 6/17/2025 at 10:30 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 5/19/2025) (jca) (Entered: 05/19/2025)
Main Document: Scheduling Order
#92
Jun 12, 2025
NOTICE OF APPEARANCE by Evan Schanerberger on behalf of Paul Arteta, Pamela Bondi, William P. Joyce, Kristi Noem, Todd Lyons, Marco Rubio, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. State Department..(Schanerberger, Evan) (Entered: 06/12/2025)
Main Document: Notice of Appearance
#93
Jun 17, 2025
SCHEDULING ORDER: The status conference scheduled for June 17, 2025 is hereby adjourned to June 25, 2025, at 10:30 a.m., in Courtroom 14D. By June 23, 2025, the parties shall provide the names of all attorneys expected to appear on the record at this conference via a joint email to HellersteinNYSDChambers@nysd.uscourts.gov. SO ORDERED. (Status Conference set for 6/25/2025 at 10:30 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 6/17/25) (yv) (Entered: 06/17/2025)
Main Document: Scheduling Order
#94
Jun 18, 2025
ORDER : Petitioners shall confer with Respondents, and shall submit (via the email address HellersteinNYSDChambers@nysd.uscomis.gov), by June 23, 2025, an agenda of matters that each side wishes to raise at the June 25, 2025 status conference. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/18/25) (yv) (Entered: 06/20/2025)
Main Document: Order
#95
Jun 24, 2025
ORDER: The parties have requested an adjournment of the June 25, 2025 status conference. Their request is granted. There is no point to plan future proceedings until either Respondents appeal, or their time to appeal lapses. Since the appeal deadline is July 8, 2025, the status conference scheduled for June 25, 2025 is hereby adjourned to July 24, 2025 at 10:30 a.m., and will take place in Courtroom 14D. By July 21, 2025, the parties shall provide the names of all attorneys expected to appear on the record at this conference via a joint email to HellersteinNYSDChambers@nysd.uscourts.gov. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/24/2025) (Status Conference set for 7/24/2025 at 10:30 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (ar) (Entered: 06/24/2025)
Main Document: Order AND ~Util - Set Hearings
#96
Jul 03, 2025
NOTICE OF INTERLOCUTORY APPEAL from 89 Preliminary Injunction,,,,,,,, 84 Memorandum & Opinion,,,,,,,,,, Set Hearings,,,,,,,,, 83 Order on Motion to Vacate,,,,. Document filed by Paul Arteta, Pamela Bondi, William P. Joyce, Kristi Noem, Todd Lyons, Marco Rubio, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. State Department. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Ross, Michael) (Entered: 07/03/2025)
Main Document: NOTICE