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 |
| NEW YORK TIMES, AMERICAN BROADCASTING COMPANIES, INC., d/b/a ABC News, CABLE NEWS NETWORK, INC., DOW JONES & COMPANY, INC., NATIONAL PUBLIC RADIO, INC., REUTERS NEWS & MEDIA INC. and WP COMPANY LLC, d/b/a Washington Post |
| FEDERATION FOR AMERICAN IMMIGRATION REFORM and HUMAN RIGHTS WATCH |
| 25-1631 |
| July 7, 2025 |
| U.S. Court of Appeals, First Circuit |
| Other Statutes |
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| DESIGNATION of attorney presenting oral argument filed by Attorney Trina A. Realmuto for Appellees D.V.D., E.F.D., M.M. and O.C.G. in 25-1393, Attorney Trina A. Realmuto for Appellees D.V.D., M.M., E.F.D. and O.C.G. in 25-1631. Served on 12/26/2025. [25-1393, 25-1631] (TAR) [Entered: 12/26/2025 01:13 PM] |
| CASE calendared: This case is presently scheduled to be called for oral argument on Tuesday, February 3, 2026, at 9:30 a.m. in Boston, MA in the Panel Courtroom at the Moakley Courthouse, 7th Floor. There will be no continuance except for grave cause. Designation form due 01/06/2026. [25-1393, 25-1631] (DJT) [Entered: 12/23/2025 11:16 AM] |
| FIVE (5) paper copies of supplemental appendix [ # 6773710-2 ] submitted by Appellees D.V.D., E.F.D., M.M. and O.C.G. [25-1393, 25-1631] (NKR) [Entered: 12/22/2025 12:16 PM] |
ORDER entered: Appellants' motion for a 30-day extension of time to file a reply brief is allowed in part . The time to file the reply brief is enlarged to January 26, 2026, only . [25-1393, 25-1631] (JW) [Entered: 12/19/2025 02:04 PM]
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| ASSENTED TO MOTION to extend time to file reply brief filed by Appellants Kristi Noem, Pamela J. Bondi, DHS and Antone Moniz in 25-1393, 25-1631. Served on 12/19/2025. [25-1393, 25-1631] (MPS) [Entered: 12/19/2025 01:09 PM] |
| SUPPLEMENTAL APPENDIX filed by Appellees D.V.D., E.F.D., M.M. and O.C.G. in 25-1393, 25-1631. Served on 12/11/2025. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 12/29/2025. [25-1393, 25-1631] (JW) [Entered: 12/18/2025 02:35 PM] |
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ORDER entered: Appellees D.V.D., E.F.D., M.M., and O.C.G.'s motion for leave to file a supplemental appendix is granted. The tendered supplemental appendix is accepted for filing on this date. [25-1393, 25-1631] (JW) [Entered: 12/18/2025 02:22 PM]
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| NINE (9) paper copies of appellees' brief [ # 6772379-2 ] submitted by Appellees D.V.D., E.F.D., M.M. and O.C.G. in 25-1393, 25-1631. [25-1393, 25-1631] (YCC) [Entered: 12/17/2025 03:51 PM] |
| NINE (9) paper copies of amicus curiae brief [ # 6771766-2 ] submitted by Amicus Curiae Human Rights Watch in 25-1393, 25-1631. [25-1393, 25-1631] (SRS) [Entered: 12/16/2025 02:43 PM] |
| APPELLEES' BRIEF filed by Appellees D.V.D., E.F.D., M.M. and O.C.G. in 25-1393, 25-1631. Served on 12/12/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 12/19/2025 . Reply brief due 01/02/2026 for APPELLANTS Pamela J. Bondi, Antone Moniz, Kristi Noem and US Dept. of Homeland Security. [25-1393, 25-1631] (YCC) [Entered: 12/12/2025 05:03 PM] |
| BRIEF tendered by Appellees D.V.D., E.F.D., M.M. and O.C.G. in 25-1393, 25-1631. [25-1393, 25-1631] (TAR) [Entered: 12/12/2025 11:06 AM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae Human Rights Watch in 25-1393, 25-1631 in support of Appellees. Served on 11/26/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 12/18/2025 . [25-1393, 25-1631] (JW) [Entered: 12/11/2025 08:56 AM] |
| ASSENTED TO MOTION for leave to file supplemental appendix filed by Appellees D.V.D., E.F.D., M.M. and O.C.G. in 25-1393, 25-1631. Served on 12/11/2025. [25-1393, 25-1631] (TAR) [Entered: 12/11/2025 12:31 PM] |
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ORDER directing Appellees D.V.D., E.F.D., M.M., and O.C.G. in 25-1393, 25-1631 to file a conforming brief. Brief due 12/12/2025 . [25-1393, 25-1631] (JW) [Entered: 12/05/2025 07:53 AM]
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| DISCLOSURE statement filed by Movant Human Rights Watch in 25-1393, 25-1631. Served on 11/26/2025. [25-1393, 25-1631] (JW) [Entered: 12/05/2025 08:14 AM] |
| NOTICE of appearance on behalf of Movant(s) Human Rights Watch filed by Attorney Ian Kysel as Counsel and Application for Student Appearance on behalf of Courtney Bell.. Served on 11/26/2025. [25-1393, 25-1631] (IMK) [Entered: 11/26/2025 03:18 PM] |
| NOTICE of appearance on behalf of Movant(s) Human Rights Watch filed by Attorney Reagan Williams. Served on 11/26/2025. [25-1393, 25-1631] (RW) [Entered: 11/26/2025 01:17 PM] |
| NOTICE of appearance on behalf of Movant(s) Human Rights Watch filed by Attorney Michael Garcia Bochenek. Served on 11/26/2025. [25-1393, 25-1631] (MB) [Entered: 11/26/2025 10:59 AM] |
| AMICUS CURIAE BRIEF tendered by Human Rights Watch. [25-1393, 25-1631] (MB) [Entered: 11/26/2025 10:39 AM] |
| APPENDIX tendered by Appellees D.V.D., E.F.D., M.M. and O.C.G. in 25-1393, 25-1631. Served on 11/19/2025. [25-1393, 25-1631] (TAR) [Entered: 11/19/2025 04:37 PM] |
| BRIEF tendered by Appellees D.V.D., E.F.D., M.M. and O.C.G. in 25-1393, 25-1631. [25-1393, 25-1631] (TAR) [Entered: 11/19/2025 04:36 PM] |
| NINE (9) paper copies of amicus brief [ # 6763640-2 ] submitted by Amicus Curiae Federation for American Immigration Reform. [25-1393, 25-1631] (DK) [Entered: 11/28/2025 11:17 AM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae Federation for American Immigration Reform in 25-1393, 25-1631. Served on 09/15/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 11/13/2025 . [25-1393, 25-1631] (JW) [Entered: 11/06/2025 04:54 PM] |
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ORDER entered: No objection having been filed, Federation for American Immigration Reform's motion for leave to file an amicus brief in support of the defendants-appellants and reversal is granted, and the brief is accepted for filing this day. [25-1393, 25-1631] (JW) [Entered: 11/06/2025 04:42 PM]
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| DISCLOSURE statement filed by Movant Federation for American Immigration Reform in 25-1631. Served on 09/15/2025. [25-1393, 25-1631] (JW) [Entered: 11/06/2025 04:32 PM] |
| BRIEFING schedule updated. Brief due November 19, 2025 for Appellees D.V.D., E.F.D., M.M. and O.C.G. in 25-1393, 25-1631. [25-1393, 25-1631] (AL) [Entered: 10/20/2025 02:09 PM] |
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ORDER entered by Lara E. Montecalvo, Appellate Judge; Jeffrey R. Howard, Appellate Judge and Seth Robert Aframe, Appellate Judge: The court having considered plaintiffs' motion for remand under Fed. R. App. P. 12.1(a) and the opposition thereto, the request for a remand is denied . The plaintiffs' motion to abate briefing pending this decision is denied as moot, save that the answering brief shall be due thirty days from the date of this order. We note as a general matter that "the district court is free to carry forward" while an appeal in an earlier phase of the case is pending and, if appropriate, "order permanent relief after the merits are resolved." Contour Design, Inc. v. Chance Mold Steel Co., 649 F.3d 31, 34 (1st Cir. 2011) (summarizing "standard practice"). So ordered . [25-1393, 25-1631] (AL) [Entered: 10/20/2025 02:02 PM]
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| REPLY filed by Appellees D.V.D., E.F.D., M.M. and O.C.G. in 25-1393, 25-1631 to response [ # 6754210-2 ]. Served on 10/03/2025. [25-1393, 25-1631] (TAR) [Entered: 10/03/2025 04:22 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 10/02/2025. [25-1631] (TAR) [Entered: 10/02/2025 08:22 AM] |
| FIVE (5) paper copies of appendix [ # 6753235-2 ] submitted by Appellants Pamela J. Bondi, Antone Moniz, Kristi Noem and DHS in 25-1393, 25-1631. [25-1393, 25-1631] (SRS) [Entered: 10/08/2025 08:54 AM] |
| NINE (9) paper copies of appellants' brief [ # 6753232-2 ] submitted by Appellants Pamela J. Bondi, Antone Moniz, Kristi Noem and DHS in 25-1393, 25-1631. [25-1393, 25-1631] (SRS) [Entered: 10/08/2025 08:46 AM] |
| RESPONSE filed by Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem in 25-1393, 25-1631 to motion [ # 6752152-2 ], motion [ # 6752152-3 ]. Served on 09/29/2025. [25-1393, 25-1631] (MPS) [Entered: 09/29/2025 05:45 PM] |
| APPENDIX filed by Appellants Pamela J. Bondi, Antone Moniz, Kristi Noem and DHS in 25-1393, 25-1631. Number of volumes: 2. Served on 09/23/2025. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 10/01/2025 . [25-1393, 25-1631] (YCC) [Entered: 09/24/2025 05:09 PM] |
| APPELLANTS' BRIEF filed by Appellants Pamela J. Bondi, Antone Moniz, Kristi Noem and DHS in 25-1393, 25-1631. Served on 09/23/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/01/2025 . Brief due 10/23/2025 for APPELLEES D.V.D., E.F.D., M.M. and O.C.G. [25-1393, 25-1631] (YCC) [Entered: 09/24/2025 05:02 PM] |
| APPENDIX tendered by Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem in 25-1393, 25-1631. Served on 09/23/2025. [25-1393, 25-1631] (ML) [Entered: 09/23/2025 02:53 PM] |
| APPENDIX tendered by Appellants Pamela J. Bondi, Antone Moniz, Kristi Noem and DHS in 25-1393, 25-1631. Served on 09/23/2025. [25-1393, 25-1631] (ML) [Entered: 09/23/2025 02:51 PM] |
| BRIEF tendered by Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem in 25-1393, 25-1631. [25-1393, 25-1631] (ML) [Entered: 09/23/2025 02:48 PM] |
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ORDER directing Appellants Pamela J. Bondi, Antone Moniz, Kristi Noem and DHS in 25-1393, 25-1631 to file a conforming brief and appendix. Brief and Appendix due 09/26/2025 . [25-1393, 25-1631] (JW) [Entered: 09/19/2025 04:03 PM]
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| MOTION to stay Briefing on Appeal Pending Resolution of Plaintiffs-Appellees' Motion for Remand, and Alternative Request to extend time to file brief filed by Appellees D.V.D., E.F.D., M.M. and O.C.G. in 25-1393, 25-1631. Served on 09/19/2025. [25-1393, 25-1631] (TAR) [Entered: 09/19/2025 02:06 PM] |
| CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellees D.V.D., E.F.D., M.M. and O.C.G. in 25-1393, 25-1631. Served on 09/17/2025. [25-1393, 25-1631] (TAR) [Entered: 09/17/2025 02:30 PM] |
| REPLY filed by Appellees D.V.D., M.M., E.F.D. and O.C.G. in 25-1393, 25-1631 to response [ # 6749230-2 ]. Served on 09/15/2025. [25-1393, 25-1631] (TAR) [Entered: 09/15/2025 04:37 PM] |
| NOTICE of appearance on behalf of Movant(s) Federation for American Immigration Reform filed by Attorney Matt A. Crapo. Served on 09/15/2025. [25-1393, 25-1631] (MAC) [Entered: 09/15/2025 03:51 PM] |
| MOTION for leave to file amicus curiae brief in support of Appellant filed by Movant(s) Federation for American Immigration Reform. Served on 09/15/2025. [25-1393, 25-1631] (MAC) [Entered: 09/15/2025 03:50 PM] |
| APPENDIX tendered by Appellants Pamela J. Bondi, DHS, Kristi Noem and Antone Moniz in 25-1393, 25-1631. Served on 09/08/2025. [25-1393, 25-1631] (ML) [Entered: 09/08/2025 09:12 PM] |
| BRIEF tendered by Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem in 25-1393, 25-1631. [25-1393, 25-1631] (ML) [Entered: 09/08/2025 09:07 PM] |
| APPENDIX tendered by Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem in 25-1393, 25-1631. Served on 09/08/2025. [25-1393, 25-1631] (ML) [Entered: 09/08/2025 09:14 PM] |
| RESPONSE filed by Appellants Pamela J. Bondi, Kristi Noem, Antone Moniz and DHS in 25-1393, 25-1631 to motion to remand case [ # 6747431-2 ]. Served on 09/08/2025. [25-1393, 25-1631] (MPS) [Entered: 09/08/2025 09:29 PM] |
| SUPPLEMENTAL record filed. Docket entry: 212 (Order granting Plaintiffs' motion for an indicative ruling). [25-1393, 25-1631] (JW) [Entered: 09/02/2025 06:06 PM] |
| CORRECTED MOTION to remand case filed by Appellees D.V.D., E.F.D., M.M. and O.C.G. in 25-1393, 25-1631. Served on 08/30/2025. [25-1393, 25-1631] (TAR) [Entered: 08/30/2025 08:10 AM] |
| AMENDED MOTION to remand case filed by Appellees D.V.D., E.F.D., M.M. and O.C.G. in 25-1393, Appellees E.F.D., D.V.D., M.M. and O.C.G. in 25-1631. Served on 08/29/2025. [25-1393, 25-1631] CLERK'S NOTE: The signature on the document does not match the name of the ECF filer under whose login and password the document was filed. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS (9/3/2025). (KM) [Entered: 08/29/2025 04:47 PM] |
| NOTICE of appearance on behalf of Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem in 25-1393, 25-1631 filed by Attorney Matthew P. Seamon. Served on 08/29/2025. [25-1393, 25-1631] (MPS) [Entered: 08/29/2025 03:11 PM] |
| NOTICE of Opposition to Appellees' Motion to Remand filed by Appellants Pamela J. Bondi, Antone Moniz, Kristi Noem and DHS in 25-1393, 25-1631. Served on 08/29/2025. [25-1393, 25-1631] (MPS) [Entered: 08/29/2025 12:56 PM] |
| NOTICE of District Court Memorandum and Order Granting Plaintiffs-Appellees' Motion for an Indicative Ruling and MOTION to Remand filed by Appellees D.V.D., E.F.D., M.M. and O.C.G. in 25-1393, 25-1631. Served on 08/29/2025. [25-1393, 25-1631] CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. . (TAR) [Entered: 08/29/2025 08:59 AM] |
| 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: Jonathan Guynn 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, Inyoung Hwang for D.V.D., M.M., E.F.D. and O.C.G., Christopher A. Hatfield for WP Company LLC, ABC TV, New York Times, CNN, National Public Radio, Inc., Dow Jones & Company, Inc. and Reuters News & Media Inc., Maxwell Mishkin for WP Company LLC, ABC TV, New York Times, CNN, National Public Radio, Inc., Dow Jones & Company, Inc. and Reuters News & Media Inc. and Isabella Salomao Nascimento for WP Company LLC, ABC TV, New York Times, CNN, National Public Radio, Inc., Dow Jones & Company, Inc. and Reuters News & Media Inc.. [25-1631] (JW) [Entered: 08/20/2025 06:43 PM] |
| NOTICE issued. After 08/15/2025, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Jonathan Guynn 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, Inyoung Hwang for D.V.D., M.M., E.F.D. and O.C.G., Christopher A. Hatfield for WP Company LLC, ABC TV, New York Times, CNN, National Public Radio, Inc., Dow Jones & Company, Inc. and Reuters News & Media Inc., Maxwell Mishkin for WP Company LLC, ABC TV, New York Times, CNN, National Public Radio, Inc., Dow Jones & Company, Inc. and Reuters News & Media Inc. and Isabella Salomao Nascimento for WP Company LLC, ABC TV, New York Times, CNN, National Public Radio, Inc., Dow Jones & Company, Inc. and Reuters News & Media Inc.. [25-1631] (JW) [Entered: 08/01/2025 09:19 AM] |
| BRIEFING schedule set. Brief and Appendix due 09/09/2025 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. [25-1393, 25-1631] (JW) [Entered: 07/31/2025 10:17 AM] |
| DOCKETING statement filed by Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem. Served on 07/24/2025. [25-1631] (ML) [Entered: 07/24/2025 12:19 PM] |
| NOTICE of appearance on behalf of Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem filed by Attorney Mary L. Larakers. Served on 07/24/2025. [25-1631] (ML) [Entered: 07/24/2025 12:24 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 07/24/2025. [25-1631] (ML) [Entered: 07/24/2025 12:21 PM] |
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ORDER entered: Appeal Nos. 25-1393 and 25-1631 are consolidated for purposes of briefing and oral argument. See Fed. R. App. P. 3(b)(2). The parties are directed to use the above caption on all future filings related to these cases. The briefing schedule previously set in No. 25-1393 is hereby vacated. The clerk will set a new briefing schedule once the record on appeal, including all necessary transcripts, is complete in Appeal No. 25-1631. [25-1393, 25-1631] (JW) [Entered: 07/17/2025 12:04 PM]
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| CIVIL CASE docketed. Notice of appeal (doc. #180) filed by Appellants Pamela J. Bondi, Antone Moniz, Kristi Noem and DHS. Appearance form, Docketing Statement, and Transcript Report/Order form due 07/21/2025. [25-1631] (JW) [Entered: 07/07/2025 02:26 PM] |
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