Doe v. Noem et al
| Oregon District Court | |
| Judge: | Michael J Mcshane |
| Case #: | 6:25-cv-00632 |
| Nature of Suit | 465 Immigration - Other Immigration Actions |
| Cause | 5:706 Administrative Procedures Act(Judicial Review) |
| Case Filed: | Apr 17, 2025 |
| Last checked: Friday Apr 18, 2025 1:17 AM PDT |
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Defendant
Todd Lyons
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Defendant
Kristi Noem
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Defendant
United States Department of Homeland Security
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Defendant
United States Immigration and Customs Enforcement
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Plaintiff
Jane Doe
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Represented By
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GPO
Apr 24 2025
039;s jurisdiction, as a result of the termination of the F-1 student record in SEVIS on April 4, 2025; and 5) Defendants are prohibited from initiating removal proceedings against or deporting Plaintiff on the basis of the April 4, 2025 termination Opinion and Order: Plaintiff's Motion for Temporary Restraining Order (ECF No. 6) is GRANTED. Defendants are ENJOINED for a period of fourteen days from April 21, 2025, as follows: 1) Defendants shall restore Plaintiff's F-1 student record in the Student and Exchange Visitor Information System (SEVIS); 2) Defendants shall set aside the April 4, 2025 F-1 student record termination as to Plaintiff; 3) Defendants shall not terminate Plaintiff's student record in SEVIS absent a valid ground as set forth in 8 C.F.R. §§ 214.1(d)(g); 214.2(f). 4) Defendants are prohibited from detaining or transferring Plaintiff out of this Court's jurisdiction, or ordering the detention or transfer of Plaintiff out of this Court&#of the F-1 student record in SEVIS. It is furthered ORDERED that the security requirement of Rule 65(c) is waived. Signed on 4/24/2025 by Judge Michael J. McShane. (cp) |
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GPO
May 09 2025
Opinion and Order: Plaintiffs' Motions for Preliminary Injunction (Case No. 6:25-cv-00622-MC, ECF No. 19 and Case No. 6:25-cv-00632-MC, ECF No. 16) are GRANTED. Defendants shall set aside and refrain from enforcing the April 2025 termination determination provided via the Student and Exchange Visitor Information System (SEVIS). Defendants shall restore and maintain Plaintiffs' SEVIS record for the duration of the litigation absent Defendants' becoming aware of a newly discovered independent legal ground allowing removability. Defendants shall provide notice to Plaintiffs and this Court of an intent to terminate Plaintiffs' SEVIS status 15 days prior to such termination. Signed on 5/9/2025 by Judge Michael J. McShane. (cp) |
| Docket last updated: 05/19/2025 11:59 PM PDT |
| Monday, May 19, 2025 | ||
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oth_doc
Transcript of Proceedings
Mon 05/19 9:47 AM
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 5/5/25 before Judge Michael J. McShane, Court Reporter Kellie M. Humiston, telephone number 503-326-8186 or Kellie_Humiston@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov . Notice of Intent to Redact Transcript is due by 5/27/2025. Redaction Request due 6/9/2025. Redacted Transcript Deadline set for 6/20/2025. Release of Transcript Restriction set for 8/18/2025. (Humiston, Kellie) |
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| Friday, May 09, 2025 | ||
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13
pgs
order
Opinion and Order
Fri 05/09 2:08 PM
Opinion and Order: Plaintiffs' Motions for Preliminary Injunction (Case No. 6:25-cv-00622-MC, ECF No.19 and Case No. 6:25-cv-00632-MC, ECF No.16 ) are GRANTED. Defendants shall set aside and refrain from enforcing the April 2025 termination determination provided via the Student and Exchange Visitor Information System (SEVIS). Defendants shall restore and maintain Plaintiffs' SEVIS record for the duration of the litigation absent Defendants' becoming aware of a newly discovered independent legal ground allowing removability. Defendants shall provide notice to Plaintiffs and this Court of an intent to terminate Plaintiffs' SEVIS status 15 days prior to such termination. Signed on 5/9/2025 by Judge Michael J. McShane. (cp) |
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| Thursday, May 08, 2025 | ||
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notice
Notice
Thu 05/08 11:22 AM
Notice of Supplemental Exhibit Filed by All Defendants. (Hickman, Benjamin) |
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Att: 1
Exhibit Declaration of Andre Watson
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| Monday, May 05, 2025 | ||
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minute
Motion Hearing Held
Mon 05/05 11:12 AM
MINUTES of Proceedings: Motion Hearing Held regarding Motion for Preliminary Injunction16 . Motion is taken under advisement as of 5/5/2025. The April 21, 2025 Temporary Restraining Order is extended through May 9, 2025, for good cause, pursuant to FRCP 65(b)(2). Stephen W. Manning, Kelsey Lynn Provo and Philip James Smith present as counsel for plaintiff. Benjamin T. Hickman and Patrick J. Conti present as counsel for defendant. Court Reporter: Kellie Humiston. Judge Michael J. McShane presiding. (cp) |
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| Sunday, May 04, 2025 | ||
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resp
Reply to Motion
Sun 05/04 5:16 PM
Reply to Motion for Preliminary Injunction 16 Oral Argument requested. Filed by Jane Doe. (Manning, Stephen) |
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| Friday, May 02, 2025 | ||
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resp
Response to Motion
Fri 05/02 4:20 PM
Response to Motion for Preliminary Injunction 16 . Filed by All Defendants. (Hickman, Benjamin) |
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Att: 1
Exhibit A
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| Tuesday, April 29, 2025 | ||
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oth_doc
Transcript of Proceedings
Tue 04/29 9:02 AM
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 4/21/25 before Judge Michael J. McShane, Court Reporter Kellie M. Humiston, telephone number 503-326-8186 or Kellie_Humiston@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov . Notice of Intent to Redact Transcript is due by 5/6/2025. Redaction Request due 5/20/2025. Redacted Transcript Deadline set for 5/30/2025. Release of Transcript Restriction set for 7/28/2025. (Humiston, Kellie) |
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| Monday, April 28, 2025 | ||
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motion
Preliminary Injunction
Mon 04/28 8:19 PM
Motion for Preliminary Injunction . Oral Argument requested. Filed by Jane Doe. (Simon, Kelly) |
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Att: 1
Attachment Doe Supplemental Declaration w/ Exhibit F,
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Att: 2
Attachment Crabtree Declaration,
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Att: 3
Attachment Marandas Declaration
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| Thursday, April 24, 2025 | ||
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4
pgs
order
Opinion and Order
Thu 04/24 11:59 AM
Opinion and Order: Plaintiff's Motion for Temporary Restraining Order (ECF No.6 ) is GRANTED. Defendants are ENJOINED for a period of fourteen days from April 21, 2025, as follows: 1) Defendants shall restore Plaintiff's F-1 student record in the Student and Exchange Visitor Information System (SEVIS); 2) Defendants shall set aside the April 4, 2025 F-1 student record termination as to Plaintiff; 3) Defendants shall not terminate Plaintiff's student record in SEVIS absent a valid ground as set forth in 8 C.F.R. §§ 214.1(d)(g); 214.2(f). 4) Defendants are prohibited from detaining or transferring Plaintiff out of this Court's jurisdiction, or ordering the detention or transfer of Plaintiff out of this Court's jurisdiction, as a result of the termination of the F-1 student record in SEVIS on April 4, 2025; and 5) Defendants are prohibited from initiating removal proceedings against or deporting Plaintiff on the basis of the April 4, 2025 termination of the F-1 student record in SEVIS. It is furthered ORDERED that the security requirement of Rule 65(c) is waived. Signed on 4/24/2025 by Judge Michael J. McShane. (cp) |
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order
Order on Motion for Leave
Thu 04/24 11:54 AM
ORDER: Granting Plaintiff's Unopposed Motion for Leave to Proceed Under Pseudonym9 . Ordered by Judge Michael J. McShane. (cp) |
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oth_doc
Transcript Designation and Order Form
Thu 04/24 10:47 AM
Transcript Designation and Order Form for the hearing held on 4/21/25 before Judge Michael J. McShane. Court Reporter: Kellie Humiston. . Filed by Jane Doe. (Provo, Kelsey) |
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| Wednesday, April 23, 2025 | ||
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notice
Attorney Appearance
Wed 04/23 9:03 AM
Notice of Appearance of Patrick J. Conti appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Conti, Patrick) |
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| Monday, April 21, 2025 | ||
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order
1 - Scheduling
Mon 04/21 5:07 PM
Scheduling Order: The Court adopts the proposed deadlines of the parties, Plaintiff's Motion for Preliminary Injunction is to be filed by 4/28/2025. Defendants' Response is due by 5/2/2025. Plaintiff's Reply, if any is due by 8:00AM on 5/5/2025. Oral Argument is set for 5/5/2025 at 09:30AM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp) |
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minute
Motion Hearing Held Order on Motion for Temporary Restraining Order
Mon 04/21 12:13 PM
MINUTES of Proceedings: Motion Hearing Held. Granting Plaintiff's Motion for a Temporary Restraining Order6 . Defendants are ENJOINED for a period of fourteen days from the date of this order, as follows: 1) Defendants shall restore Plaintiff's F-1 student record in the Student and Exchange Visitor Information System (SEVIS); 2) Defendants shall set aside the April 4, 2025 F-1 student record termination as to Plaintiff; 3) Defendants shall not terminate Plaintiff's student record in SEVIS absent a valid ground as set forth in 8 C.F.R. §§ 214.1(d)(g); 214.2(f). 4) Defendants are prohibited from detaining or transferring Plaintiff out of this Court's jurisdiction, or ordering the detention or transfer of Plaintiff out of this Court's jurisdiction, as a result of the termination of the F-1 student record in SEVIS on April 4, 2025; and 5) Defendants are prohibited from initiating removal proceedings against or deporting Plaintiff on the basis of the April 4, 2025 termination of the F-1 student record in SEVIS. It is furthered ORDERED that the security requirement of Rule 65(c) is waived. Kelsey Lynn Provo, Eri Andriola, Jordan Elizabeth Cunnings and Philip James Smith present as counsel for plaintiff. Benjamin T. Hickman present as counsel for defendantd. Court Reporter: Kellie Humiston. Judge Michael J. McShane presiding. (cp) |
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| Sunday, April 20, 2025 | ||
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motion
Leave
Sun 04/20 9:13 PM
Unopposed Motion for Leave to Proceed Under Pseudonym . Filed by Jane Doe. (Simon, Kelly) |
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| Friday, April 18, 2025 | ||
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notice
Attorney Appearance
Fri 04/18 6:47 PM
Notice of Appearance of Benjamin T. Hickman appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Hickman, Benjamin) |
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order
1 - Scheduling
Fri 04/18 3:50 PM
Scheduling Order by Judge Michael J. McShane: Oral Argument regarding Emergency Motion for Temporary Restraining Order 6 is set for 4/21/2025 at 10:30AM in Eugene Courtroom 2 before Judge Michael J. McShane. Plaintiff is not required to personally appear. (jk) |
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motion
Temporary Restraining Order
Fri 04/18 2:34 PM
Emergency Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by Jane Doe. (Andriola, Eri) |
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Att: 1
Exhibit Declaration of Jane Doe, Exhibits A-E
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oth_evt
Case Reassignment Notice - FORM EVENT
Fri 04/18 1:14 PM
Notice of Case Reassignment: This case has been reassigned from Judge Ann L. Aiken to Judge Michael J. McShane. (jk) |
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oth_evt
Correction of the Record
Fri 04/18 10:41 AM
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Attachment 1 to Discovery and Pretrial Scheduling Order3 . A Clerical error has been discovered in the case record: The PDF was not flattened. The following corrections were made to the record: A corrected PDF has been uploaded to replace the incorrect one. The Notice of Electronic Filing (NEF) has been regenerated to all parties. (jk) |
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order
3 - Discovery and Pretrial Scheduling Order - FORM EVENT
Fri 04/18 10:37 AM
Notice of Case Assignment to Judge Ann L. Aiken and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5 . Discovery is to be completed by 8/18/2025. Joint Alternate Dispute Resolution Report is due by 9/15/2025. Pretrial Order is due by 9/15/2025. Ordered by Judge Ann L. Aiken. (jk) (Attachment 1 replaced on 4/18/2025) (jk) |
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Att: 1
Issued Summonses
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3
pgs
order
Order
Fri 04/18 9:00 AM
CASE MANAGEMENT ORDER. Signed on 4/18/2025 by Judge Ann L. Aiken. (ck) |
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| Thursday, April 17, 2025 | ||
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cmp
Complaint
Thu 04/17 6:26 PM
Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-9819074 Jury Trial Requested: No. Filed by Jane Doe against All Defendants. (Simon, Kelly) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons,
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Att: 3
Proposed Summons,
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Att: 4
Proposed Summons,
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Att: 5
Proposed Summons
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