D.V.D., et al v. U.S. Department of Homeland Security, et al
| D.V.D., M.M., E.F.D. and O.C.G. |
| US DEPT. OF HOMELAND SECURITY, KRISTI NOEM, Secretary of Department of Homeland Security (DHS), PAMELA J. BONDI, United States Attorney General and ANTONE MONIZ, Superintendent of the Plymouth County Correctional Facility |
| 25-1311 |
| March 28, 2025 |
| U.S. Court of Appeals, First Circuit |
| Other Statutes |
Docket Report
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| MANDATE issued. [25-1311] (JW) [Entered: 06/30/2025 11:00 AM] |
| JUDGMENT dismissing case pursuant to Fed. R. App. P. 42(b). 25-1311 42b. [25-1311] (JW) [Entered: 06/30/2025 10:59 AM] |
| ASSENTED TO MOTION to dismiss case filed by Appellants Pamela J. Bondi, Kristi Noem and DHS. Served on 06/23/2025. [25-1311] (ML) [Entered: 06/23/2025 06:27 PM] |
| SUPPLEMENTAL record filed. Docket entries: 116 (Order), 118 (Memorandum on Preliminary Injunction), 119 (Order on Remedy For Violation of Preliminary Injunction), 132 (Memorandum and Order on [104] Plaintiffs' Motion for Preliminary Injunction) and 135 (Memorandum and Order on Defendants' Motions for Reconsideration and Stay). [25-1311, 25-1393] (JW) [Entered: 06/03/2025 06:52 PM] |
| NOTICE of filing the following transcript(s) in district court by Court Reporter Jessica Michael Leonard in 25-1311, 25-1393: 05/21/2025, Motion Hearing. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [25-1311, 25-1393] (JW) [Entered: 06/03/2025 07:08 PM] |
| NOTICE of filing the following transcript(s) in district court by Court Reporter Debra Kane in 25-1311, 25-1393: 05/20/2025, Motion Hearing. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [25-1311, 25-1393] (JW) [Entered: 06/03/2025 07:05 PM] |
| NOTICE of filing the following transcript(s) in district court by Court Reporter Jessica Michael Leonard: 04/28/2025, Status Conference. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [25-1311] (JW) [Entered: 05/19/2025 05:13 PM] |
| NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Daniel Cappelletti for DHS, Antone Moniz, Kristi Noem and Pamela J. Bondi, Aysha Iqbal for DHS, Antone Moniz, Kristi Noem and Pamela J. Bondi, Yaakov Roth for DHS, Antone Moniz, Kristi Noem and Pamela J. Bondi and Anwen Hughes for D.V.D., M.M., E.F.D. and O.C.G. [25-1311] (JW) [Entered: 05/13/2025 01:04 PM] |
| BRIEFING schedule set. Brief and Appendix due 06/23/2025 for appellants Pamela J. Bondi, Antone Moniz, Kristi Noem and US Dept. of Homeland Security. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [25-1311] (JW) [Entered: 05/13/2025 12:50 PM] |
| SUPPLEMENTAL record filed. Docket entry: 86 (Electronic Order - Amended Preliminary Injunction). [25-1311, 25-1393] (JW) [Entered: 05/02/2025 03:08 PM] |
| TRANSCRIPT report/order form filed by Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem indicating all necessary transcripts have already been filed in district court. Served on 05/01/2025. [25-1311] (ML) [Entered: 05/01/2025 03:06 PM] |
| DOCKETING statement filed by Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem. Served on 05/01/2025. [25-1311] (ML) [Entered: 05/01/2025 03:04 PM] |
| NOTICE of filing the following transcript(s) in district court by Court Reporter Jessica Michael Leonard in 25-1311, 25-1393: 04/10/2025, Motion Hearing. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [25-1311, 25-1393] (JW) [Entered: 05/02/2025 05:03 PM] |
| NOTICE of default and intent to dismiss issued. The appellants are directed to file a docketing statement and transcript report/order form or this case will be dismissed for lack of prosecution in accordance with 1st Cir. R. 3.0(b). Docketing Statement and Transcript report/order form due 05/08/2025 . [25-1311] (JW) [Entered: 04/24/2025 02:36 PM] |
| NOTICE issued. After 05/08/2025, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Daniel Cappelletti for DHS, Antone Moniz, Kristi Noem and Pamela J. Bondi, Aysha Iqbal for DHS, Antone Moniz, Kristi Noem and Pamela J. Bondi, Yaakov Roth for DHS, Antone Moniz, Kristi Noem and Pamela J. Bondi and Anwen Hughes for D.V.D., M.M., E.F.D. and O.C.G. [25-1311] (JW) [Entered: 04/24/2025 02:48 PM] |
ORDER entered by Lara E. Montecalvo, Appellate Judge; Jeffrey R. Howard, Appellate Judge and Seth Robert Aframe, Appellate Judge: The emergency motion for stay pending appeal and immediate administrative stay is denied based on our concerns about whether the underlying temporary restraining order of the district court is appealable as a preliminary injunction. While Courts of Appeals generally have jurisdiction to hear appeals regarding orders granting preliminary injunctions, we generally lack jurisdiction over appeals challenging temporary restraining orders. See 28 U.S.C. 1292(a)(1); 16 Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure 3922.1 (3d ed. 2012) ("[O]rders granting . . . temporary restraining orders are not appealable . . . ."); see also Dep't of Educ. v. California , 604 U.S. ___, No. 24A910, 2025 WL 1008354, at *1 (Apr. 4, 2025) (per curiam) ("[T]he Courts of Appeals generally lack appellate jurisdiction over appeals from [temporary restraining orders] . . . ."). This principle can be overcome in some situations where the temporary restraining order effectively functions as an appealable preliminary injunction, see Sampson v. Murray , 415 U.S. 61, 86-88 (1974), but that does not appear to be the situation before us. Significantly, appellants have issued intervening "Guidance Regarding Third Country Removals" and moved under Federal Rule of Civil Procedure 62.1 for an indicative ruling that the district court would dissolve the order in light of the Guidance if jurisdiction were returned to it. Appellants have made a moving target of their removal policy (and potentially the underlying order) just days before the district court hearing on the motion for a preliminary injunction, which has been scheduled within the 14-day period specified in Federal Rule of Civil Procedure 65(b)(2). That only reinforces the temporary nature of the relief at issue. The stay is denied . [25-1311] (JW) [Entered: 04/07/2025 06:24 PM]
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| NOTICE of appearance on behalf of Appellees D.V.D., E.F.D., M.M. and O.C.G. filed by Attorney Matt Adams. Served on 04/07/2025. [25-1311] (MHA) [Entered: 04/07/2025 04:44 PM] |
| NOTICE of appearance on behalf of Appellees D.V.D., E.F.D., M.M. and O.C.G. filed by Attorney Aaron Korthuis. Served on 04/07/2025. [25-1311] (AK) [Entered: 04/07/2025 04:35 PM] |
| NOTICE of filing the following transcript(s) in district court by Court Reporter Jessica Michael Leonard: 03/28/2025, Motion Hearing. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [25-1311] (JW) [Entered: 04/01/2025 10:00 AM] |
| REPLY filed by Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem to response [ # 6710317-2 ]. Served on 03/31/2025. [25-1311] (ML) [Entered: 03/31/2025 05:59 PM] |
| NOTICE of appearance on behalf of Appellees E.F.D., D.V.D., M.M. and O.C.G. filed by Attorney Tomas Arango. Served on 03/31/2025. [25-1311] (TA) [Entered: 03/31/2025 05:43 PM] |
| RESPONSE filed by Appellees D.V.D., E.F.D., M.M. and O.C.G. to motion to stay [ # 6710153-2 ]. Served on 03/31/2025. [25-1311] (TAR) [Entered: 03/31/2025 11:47 AM] |
| NOTICE of appearance on behalf of Appellees D.V.D., E.F.D., M.M. and O.C.G. filed by Attorney Kristin Macleod-Ball. Served on 03/31/2025. [25-1311] (KM) [Entered: 03/31/2025 10:37 AM] |
| CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellants Pamela J. Bondi, DHS and Antone Moniz. Served on 03/30/2025. [25-1311] (ML) [Entered: 03/30/2025 10:27 PM] |
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SUPPLEMENTAL record filed. Docket entries: 40 - Memorandum on Plaintiffs' Motion for Temporary Restraining Order, entered March 29, 2025 by Judge Brian E. Murphy; Docket entries: 41 - Electronic Order denying Defendants' Motion for Partial Stay of the Temporary Restraining Order, entered March 29, 2025 by Judge Brian E. Murphy. [25-1311] (JMK) [Entered: 03/31/2025 08:15 AM]
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| CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem. Served on 03/29/2025. [25-1311] (ML) [Entered: 03/29/2025 11:13 PM] |
| NOTICE of appearance on behalf of Appellees D.V.D., E.F.D., M.M. and O.C.G. filed by Attorney Trina Realmuto. Served on 03/29/2025. [25-1311] (TAR) [Entered: 03/29/2025 05:13 PM] |
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ORDER entered: Defendants-appellants have filed an Emergency Motion for Stay Pending Appeal and Immediate Administrative Stay. Plaintiffs-appellees shall respond to the motion by noon on Monday, March 31, 2025. Defendants-appellants shall file any reply by 6:00 p.m. on Monday, March 31, 2025. [25-1311] (DO) [Entered: 03/29/2025 04:36 PM]
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| EMERGENCY MOTION to stay District Court Order and Immediate Administrative Stay filed by Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem. Served on 03/29/2025. [25-1311] (ML) [Entered: 03/29/2025 01:38 AM] |
| NOTICE of appearance on behalf of Appellants Pamela J. Bondi, DHS, Antone Moniz, Kristi Noem and Appellee D.V.D. filed by Attorney Mary Larakers. Served on 03/28/2025. [25-1311] (ML) [Entered: 03/28/2025 11:06 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #35) filed by Appellants Pamela J. Bondi, Antone Moniz, Kristi Noem and DHS. Appearance form, Docketing Statement, and Transcript Report/Order form due 04/11/2025. [25-1311] (JW) [Entered: 03/28/2025 09:57 PM] |
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