District of Columbia • 1:26-cv-01208

#1

Apr 10, 2026

COMPLAINT and Petition for Writs, with Emergency TRO and PHV Forthcoming against All Defendants ( Filing fee $ 405 receipt number ADCDC-12353330) filed by JOSE ELIEZER MARTINEZ-ANDINO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons)(Hensley, Derrick) (Entered: 04/10/2026)

#2

Apr 10, 2026

Emergency MOTION for Temporary Restraining Order by JOSE ELIEZER MARTINEZ-ANDINO. (Attachments: # 1 Text of Proposed Order)(Hensley, Derrick) (Entered: 04/10/2026)

#3

Apr 10, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Margaret W. Wong, Filing fee $ 100, receipt number ADCDC-12353399. Fee Status: Fee Paid. by JOSE ELIEZER MARTINEZ-ANDINO. (Attachments: # 1 Text of Proposed Order)(Hensley, Derrick) (Entered: 04/10/2026)

#4

Apr 10, 2026

SUMMONS (7) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 04/10/2026)

#5

Apr 10, 2026

NOTICE of Appearance by Brian J. Levy on behalf of MICHAEL W. BANKS, TODD BLANCHE, MARCOS CHARLES, TODD M. LYONS, MARKWAYNE MULLIN, RODNEY S. SCOTT (Levy, Brian) (Entered: 04/10/2026)

#6

Apr 10, 2026

MEMORANDUM re 2 Emergency MOTION for Temporary Restraining Order by JOSE ELIEZER MARTINEZ-ANDINO. (Hensley, Derrick) (Entered: 04/10/2026)

#7

Apr 10, 2026

Appear Pro Hac Vice

#8

Apr 10, 2026

Temporary Restraining Order

Apr 10, 2026

MINUTE ORDER (paperless), GRANTING IN PART and DENYING IN PART plaintiff's 2 Emergency Motion for Temporary Restraining Order ("Pl.'s Mot."), upon consideration of the motion filed at 12:30 PM today, plaintiff's 6 Memorandum in Support of Emergency Motion for Temporary Restraining Order, and the hearing held on April 10, 2026, at 4:00 PM. Specifically, the Motion seeks the following relief, which is GRANTED: (1) that defendants "[d]isclose Plaintiff's current physical location to his Counsel and the Court," which relief was provided at the hearing when defendants' counsel disclosed that plaintiff had been flown to and was presently in Honduras;(2) that, "[i]f the Plaintiff is in custody, [defendants] identify the agency currently exercising custody," which relief was provided at the hearing when defendants' counsel disclosed that plaintiff is, to counsel's knowledge, no longer in U.S. custody but was last in the custody of Customs and Border Patrol; and(3) that, "[i]f plaintiff is in the custody of the US government, [defendants] provide Plaintiff with immediate access to counsel," which relief was directed to be provided promptly by any available means. Plaintiff's motion is DENIED insofar as plaintiff is no longer in the custody of any agency of the U.S. Government. Signed by Judge Beryl A. Howell on April 10, 2026. (lcbah2)

Apr 10, 2026

Case Assigned to Judge Beryl A. Howell. (znmw)

Apr 10, 2026

Case Assigned/Reassigned

Apr 10, 2026

Order on Motion for Leave to Appear Pro Hac Vice

Apr 10, 2026

.Order

Apr 10, 2026

Order on Motion for TRO

Apr 10, 2026

MINUTE ORDER (paperless), upon consideration of plaintiff's 8 Second Motion for Temporary Restraining Order, DIRECTING defendants to file, by April 13, 2026, at 2:00 PM, a response to plaintiff's factual queries sought in the motion, namely:1. "whether Plaintiff remained in custody at the time of the hearing that began at 4:00 p.m. EDT (2:00 p.m. Honduras local time)"; and2. "which agency last had custody of Plaintiff, if he is no longer in agency custody, along with the time and address of his release from custody";and DIRECTING plaintiff to file, by April 14, 2026, at 2:00 PM, any response to defendants' filing. Signed by Judge Beryl A. Howell on April 10, 2026. (lcbah2)

Apr 10, 2026

MINUTE ORDER (paperless) GRANTING plaintiffs 3 Motion for Leave for Margaret W. Wong to Appear Pro Hac Vice. Margaret Wong may enter an appearance pro hac vice for the purpose of representing the Jose Eliezer Martinez-Andino. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Beryl A. Howell on April 10, 2026. (lcbah2)

Apr 10, 2026

Minute Entry for telephonic proceedings held before Judge Beryl A. Howell: Motion Hearing held on 4/10/2026 re 2 Emergency Motion for Temporary Restraining Order. Oral arguments heard. The Court grants in part and denies in part Plaintiff's 2 Emergency Motion for Temporary Restraining Order for the reason set forth on the record. (Court Reporter: William Zaremba) (zalh)

Apr 10, 2026

Motion Hearing

Apr 10, 2026

.Order AND ~Util - Set/Reset Hearings

Apr 10, 2026

MINUTE ORDER DIRECTING the parties to appear on April 10, 2026, at 4:00 PM for a teleconference on the Plaintiff's 2 Emergency Motion for Temporary Restraining Order before Judge Beryl A. Howell. It is further ORDERED that the parties shall appear before the Court by calling 1-646-828-7666, entering Meeting ID 160 9591 6184 followed by the pound key (#), and then entering the Passcode 395199 followed by the pound key (#). Signed by Judge Beryl A. Howell on 4/10/2026. (zalh)

Apr 10, 2026

Order

#9

Apr 13, 2026

Appear Pro Hac Vice

#10

Apr 13, 2026

Response to Order of the Court

#11

Apr 13, 2026

.Order

#12

Apr 13, 2026

Errata

#13

Apr 13, 2026

Affidavit

Apr 13, 2026

Set/Reset Deadlines: Defendant's Response To Plaintiff's Factual Queries Sought In Motion due no later than 2:00PM on 4/13/2026. Plaintiff Response To Defendant's Filing due no later than 2:00PM on 4/14/2026. (mac)

Apr 13, 2026

Set/Reset Deadlines

Apr 13, 2026

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

Apr 13, 2026

MINUTE ORDER (paperless) GRANTING plaintiff's 7 Motion for Leave for Allison Chan to Appear Pro Hac Vice, and 9 Motion for Leave for Susan Blumenthal to Appear Pro Hac Vice. Allison Chan and Susan Blumenthal may enter an appearance pro hac vice for the purpose of representing the Jose Eliezer Martinez-Andino. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Beryl A. Howell on April 13, 2026. (lcbah2)

Apr 13, 2026

Order on Motion for Leave to Appear Pro Hac Vice

#14

Apr 14, 2026

Notice of Appearance

#15

Apr 14, 2026

Reply to opposition to motion

Apr 14, 2026

Order

Apr 14, 2026

MINUTE ORDER (paperless), upon consideration of plaintiff's 8 Second Emergency Motion for Temporary Restraining Order ("Pl.'s Second TRO"), defendants' 10 Response to Plaintiff's Second Motion for Temporary Restraining Order ("Def.'s Resp."), and plaintiff's 15 Response to Defendant's Filing ("Pl.'s Reply"), DIRECTING parties to confer and file, by April 15, 2026, at 2:00 PM, a schedule to complete briefing on any jurisdictional and other issues. Given that plaintiff's Second TRO requested multiple forms of relief, including for defendants to (1) provide several pieces of information, see Pl.'s Proposed Order on Second TRO Mot. nos.1, 2, ECF No. 8-1; (2) "[p]rovide Plaintiff with immediate access to counsel, if he remains in agency custody"; (3) "[n]ot release the Plaintiff to the Honduran government or to his liberty in Honduras"; (4) "[p]arole Plaintiff back to the United States under 8 C.F.R. § 212.5(d)(5)"; and (5) "facilitate [plaintiff's] return to the custody of the United States for him to be paroled back to the United States," id. nos. 3, 4, 5, 6, and, further, that some of this requested relief potentially depended on whether plaintiff was in U.S. custody and when he had been transferred out of U.S. custody, the Court directed defendants to respond by April 13, 2026, to plaintiff's factual queries, with which direction defendants complied, see Def.'s Resp., while also requesting that "the Court enter a briefing schedule to provide Defendants sufficient time to respond" to plaintiff's legal arguments before considering the more substantive relief sought in plaintiff's Second TRO, id. at 4. In reply, plaintiff supplemented the available facts, with plaintiff's sworn affidavit describing his deportation, including that he "was told the only option [he] had in detention was to sign for the paperwork" agreeing to voluntary removal, Decl. of Jose Eliezer Martinez Andino, ECF No. 13-1, disputed the veracity of some of defendants' factual assertions as to the specific timeline on which plaintiff was removed to Honduras, Pl.'s Reply at 3, and provided a proffered legal basis for the substantive relief sought in his Second TRO. As such, defendants have not yet responded in full to plaintiff's supplemental facts or legal arguments. Accordingly, the parties are DIRECTED to confer and propose, by April 15, 2026, at 2:00 PM, a schedule to fully brief any issues, including whether this Court has jurisdiction to order the outstanding relief sought by plaintiff. Signed by Judge Beryl A. Howell on April 14, 2026. (lcbah2)

Apr 14, 2026

.Order

#16

Apr 15, 2026

Status Report

Apr 15, 2026

.Order

Apr 15, 2026

Set/Reset Deadlines

Apr 15, 2026

MINUTE ORDER (paperless), upon consideration of parties' 16 Joint Proposed Schedule, ISSUING the following SCHEDULING ORDER: (1) By April 29, 2026, plaintiff shall file any amended complaint and amended motion for temporary restraining order ("TRO") or preliminary injunction ("PI"); (2) By May 20, 2026, defendants shall file a combined motion to dismiss and opposition to plaintiff's motion for a TRO or PI; (3) By June 3, 2026, plaintiff shall file a combined reply in support of his motion for a TRO or PI and opposition to defendants' motion to dismiss; (4) By June 17, 2026, defendants shall file a reply in support of their motion to dismiss. Signed by Judge Beryl A. Howell on April 15, 2026. (lcbah2)

Apr 15, 2026

Set/Reset Deadlines: Parties Proposed Briefing Schedule due no later than 2:00PM on 4/15/2026 (mac)

Apr 15, 2026

Order

Apr 16, 2026

Set/Reset Deadlines

Apr 16, 2026

Set/Reset Deadlines: Plaintiff Amended Complaint And Amended Motion for Temporary Restraining Order Or Preliminary Injunction due by 4/29/2026. Defendants Combined Motion To Dismiss And Opposition To Plaintiff's Motion For A TRO or PI due by 5/20/2026. Plaintiffs Combined Reply In Support Of Motion For TRO or PI and Oppostion To Defendant's Motion To Dismiss due by 6/3/2026. Defendants Reply In Support Of Motion To Dismiss due by 6/17/2026. (mac)

#17

Apr 17, 2026

Transcript

#18

Apr 22, 2026

Summons Returned Executed as to DC Government Defendant

#19

Apr 29, 2026

Amended Complaint

#20

May 05, 2026

NOTICE of Appearance by Susan Jahangiri Blumenthal on behalf of JOSE ELIEZER MARTINEZ-ANDINO (Blumenthal, Susan) (Entered: 05/05/2026)

#21

May 20, 2026

Dismiss AND Dismiss/Lack of Jurisdiction

#22

May 20, 2026

Memorandum in opposition to motion

#23

May 20, 2026

Errata

#24

Jun 02, 2026

Response to motion