He v. Noem et al
| Washington Western District Court | |
| Judge: | David G Estudillo |
| Case #: | 3:25-cv-05333 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 05:702 Administrative Procedure Act |
| Case Filed: | Apr 19, 2025 |
| Last checked: Monday Apr 21, 2025 12:35 AM PDT |
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Defendant
Todd Lyons
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Defendant
Kristi Noem
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Plaintiff
Tong He
6113 9TH ST NE
TACOMA, WA 98422 |
| Docket last updated: 10 hours ago |
| Friday, April 25, 2025 | ||
| 21 | 21
order
1 - Order
Fri 04/25 11:29 AM
AMENDED ORDER GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER (DKT. NO.2 ). This is an amended order. As initially posted, the order erroneously stated that a Preliminary Injunction hearing was set for May 7, 2024. The correct date is May 7, 2025. Signed by U.S. District Judge David G Estudillo. (MDH) |
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26
pgs
order
Order on Motion for Temporary Restraining Order
Fri 04/25 10:37 AM
ORDER granting2 Motion for Temporary Restraining Order. Defendants are ENJOINED for a period of fourteen days from the date of this order, as follows: 1) Defendants shall restore Plaintiffs F-1 student record and I-20 in the Student and Exchange Visitor Information System (SEVIS); 2) Defendants shall set aside the F-1 student record and I-20 termination, on or about April 9, 2025, as to Plaintiff; 3) Defendants shall not terminate Plaintiffs student record and I-20 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 Courts jurisdiction, or ordering the detention or transfer of Plaintiff out of this Courts jurisdiction, as a result of the termination of his F-1 student record or I-20 in SEVIS on or about April 9, 2025; and 5) Defendants are prohibited from initiating removal proceedings against or removing Plaintiff on the basis of the termination of his F-1 student record or I-20 in SEVIS on or about April 9, 2025.It is furthered ORDERED that the security requirement of Rule 65(c) is waived. It is furthered ORDERED that the security requirement of Rule 65(c) is waived. The Court ORDERS the Parties to appear for a Preliminary Injunction hearing at 2:30 p.m. PT on May 7, 2025.Plaintiff SHALL file his opening brief by 12:00 p.m. May 2, 2025.Defendants SHALL respond by 2:00 p.m. May 5, 2025.Plaintiff SHALL file his reply by May 6, 2025.Plaintiff's existing Motion to Appear Remotely (Dkt. No.3 ) is STRICKEN as moot as he was permitted to attend the TRO hearing remotely on April 24, 2025. Signed by U.S. District Judge David G Estudillo.(MDH) Modified with correct year for hearing on 4/25/2025 (MDH) |
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| Thursday, April 24, 2025 | ||
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minutes
TRO Hearing
Thu 04/24 4:48 PM
MINUTE ENTRY for proceedings held before U.S. District Judge David G. Estudillo- Dep Clerk: Gretchen Craft ; Pla Counsel: Tong He - Pro Se ; Def Counsel: Whitney Passmore ; CR: Sheri Schelbert ; Time of Hearing: 4:10 ; Courtroom: B ; TRO Hearing held on 4/24/2025. Court hears arguments and GRANTS Plaintiff's motion for temporary restraining order. Preliminary Injunction Hearing set for 5/7/2025 at 2:30 PM in Courtroom B before U.S. District Judge David G. Estudillo. Plaintiff's brief due 5/2/2025, government's response due 5/5/2025, Plaintiff's reply due 5/6/2025. (MGC) |
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respm
Reply to Response to Motion
Thu 04/24 12:19 PM
REPLY, filed by Plaintiff Tong He, TO RESPONSE to2 MOTION for Temporary Restraining Order,7 MOTION for Temporary Restraining Order (He, Tong) |
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| Wednesday, April 23, 2025 | ||
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respm
Response to Motion
Wed 04/23 3:25 PM
RESPONSE, by Defendants Kristi Noem, Todd Lyons, to2 MOTION for Temporary Restraining Order. (Passmore, Whitney) |
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| Tuesday, April 22, 2025 | ||
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notice
Notice-Other
Tue 04/22 4:37 PM
NOTICE of Intent to Oppose Motion for a Temporary Restraining Order re2 MOTION for Temporary Restraining Order ; filed by Defendants Kristi Noem, Todd Lyons. (Passmore, Whitney) |
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notice
Notice of Appearance
Tue 04/22 4:33 PM
NOTICE of Appearance by attorney Whitney Passmore on behalf of Defendants Kristi Noem, Todd Lyons. (Passmore, Whitney) |
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order
2 - Minute Order ~Util - Set/Reset Deadlines/Hearings
Tue 04/22 1:47 PM
MINUTE ORDER. The Court ORDERS that the Parties shall appear for a TRO hearing on Thursday, April 24, at 4 p.m. PT. Defendants SHALL file a responsive brief to Plaintiff's TRO motion (Dkt. No.2 ) by Wednesday, April 23, at 5 p.m. PT. Plaintiff may file a reply brief responding to the Government by 2 p.m. PT on Thursday, April 24. Authorized by U.S. District Judge David G Estudillo. (MW) |
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service
Affidavit of Service of Summons & Complaint
Tue 04/22 12:10 PM
AFFIDAVIT of Mailing of Summons and Complaint to U.S. Attorney Tacoma Office, KRISTI NOEM, TODD LYONS on 4/22/2025, filed by Plaintiff Tong He. (He, Tong) |
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| Monday, April 21, 2025 | ||
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order
2 - Minute Order
Mon 04/21 3:23 PM
MINUTE ORDER re Plaintiff's Reply (Dkt. No.10 ) regarding the Court's order denying an ex parte TRO (Dkt. No.7 ). Consistent with Plaintiff's request and this Court's prior order, the Court will schedule a TRO hearing promptly once Plaintiff files the certificate of service with the USPS mailing receipt. Authorized by U.S. District Judge David G Estudillo. (MW) |
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respm
Reply to Response to Motion
Mon 04/21 2:30 PM
REPLY, filed by Plaintiff Tong He, TO RESPONSE to2 MOTION for Temporary Restraining Order,7 MOTION for Temporary Restraining Order(He, Tong) |
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Att: 1
Exhibit Consular Email Notifying SEVIS Termination,
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Att: 2
Exhibit Trine University Email Regarding Disenrollment Risk,
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Att: 3
Exhibit Trine University Academic Transcript,
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Att: 4
Exhibit Summary of Mailing for Service of Process,
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Att: 5
Exhibit Summary of Supporting Precedents,
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Att: 6
Exhibit Case No. D1DC17204317, Dismissed 201,
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Att: 7
Supplement DECLARATION IN SUPPORT OF PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER
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respm
Reply to Response to Motion
Mon 04/21 1:35 PM
REPLY, filed by All Parties Plaintiff Tong He, TO RESPONSE to7 MOTION for Temporary Restraining Order (He, Tong) Modified on 4/21/2025 to update filer (KB) |
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notice
Notice re Pro Se Registration
Mon 04/21 12:49 PM
NOTICE: Plaintiff Tong He has registered to electronically file and receive electronic service in this case. (KB) |
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misc
Filing Fee Received
Mon 04/21 8:51 AM
FILING FEE RECEIVED: $ 405.00, receipt number TAC 3-840. (MW) |
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utility
Notice of Docket Text Modification
Mon 04/21 2:52 PM
NOTICE of Docket Text Modification re10 Reply to Response to Motion : Modified on 4/21/2025 to indicate that document is filed by Plaintiff, not all parties. (KB) |
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| Sunday, April 20, 2025 | ||
| 8 | 8
4
pgs
order
Order on Motion for Temporary Restraining Order
Sun 04/20 3:21 PM
ORDER denying7 Motion for Temporary Restraining Order signed by U.S. District Judge David G Estudillo. (cc to Plaintiff via email)(ELS) |
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motion
Temporary Restraining Order
Sun 04/20 12:15 PM
EX PARTE MOTION for Temporary Restraining Order, filed by Plaintiff Tong He. Noting Date 4/20/2025, (PS) |
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| Saturday, April 19, 2025 | ||
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service
Summons Issued
Sat 04/19 6:52 PM
Summons(es) Electronically Issued as to defendant(s) Todd Lyons, Kristi Noem(ELS) (Issued Summonses provided to Plaintiff via email) Modified on 4/19/2025 (ELS). |
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Att: 1
Summons Todd Lyons
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misc
Praecipe for a Summons
Sat 04/19 5:54 PM
PRAECIPE TO ISSUE SUMMONS re1 Complaint by Plaintiff Tong He(ELS) |
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Att: 1
Summons Todd Lyons
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notice
Notice-Other
Sat 04/19 5:02 PM
NOTICE re2 MOTION for Temporary Restraining Order, signed by U.S District Judge David G Estudillo.(ELS) (cc to Plaintiff via email) |
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motion
Miscellaneous Relief
Sat 04/19 3:52 PM
MOTION To Appear Remotely, filed by Plaintiff Tong He. (ELS) |
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| 2 | 2
motion
Temporary Restraining Order
Sat 04/19 3:50 PM
MOTION for Temporary Restraining Order, filed by Plaintiff Tong He. Noting Date 4/19/2025, (ELS) |
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| 1 | 1
12
pgs
cmp
Complaint
Sat 04/19 3:45 PM
COMPLAINT against defendant(s) Todd Lyons, Kristi Noem (Summons(es) not received to issue) filed by Tong He.(ELS) (Fee Processing Pending) |
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Att: 1
Civil Cover Sheet
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