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, ANTONE MONIZ, Superintendent of the Plymouth County Correctional Facility, MARKWAYNE MULLIN, Secretary of Department of Homeland Security (DHS) and TODD W. BLANCHE, Acting United States Attorney General |
| 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, THE FLORENCE IMMIGRANT & REFUGEE RIGHTS PROJECT, THE NATIONAL IMMIGRANT JUSTICE CENTER, THE POLITICAL ASYLUM/IMMIGRATION REPRESENTATION PROJECT, AL OTRO LADO, AMICA CENTER FOR IMMIGRANT RIGHTS, ASIAN AMERICANS ADVANCING JUSTICE - ATLANTA, CENTER FOR GENDER & REFUGEE STUDIES and HUMAN RIGHTS WATCH |
| 26-1212 |
| February 28, 2026 |
| U.S. Court of Appeals, First Circuit |
| Other Statutes |
Docket Report
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| NINE (9) paper copies of amici curiae brief [ # 6803065-2 ] submitted by Amici Curiae Al Otro Lado, Amica Center for Immigrant Rights, Asian Americans Advancing Justice - Atlanta, Center For Gender & Refugee Studies and Human Rights Watch. [26-1212] (SRS) [Entered: 04/22/2026 11:08 AM] |
| NINE (9) paper copies of amici curiae brief [ # 6803055-2 ] submitted by Amici Curiae Florence Immigrant & Refugee Rights Project, National Immigrant Justice Center and Political Asylum/Immigration Representation Project. [26-1212] (SRS) [Entered: 04/22/2026 11:02 AM] |
| REPLY BRIEF filed by Appellants Todd Blanche, Antone Moniz, Markwayne Mullin, and DHS. Served on 04/20/2026. 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 04/27/2026 . [26-1212] (NP) [Entered: 04/21/2026 11:52 AM] |
ORDER entered by Lara E. Montecalvo, Appellate Judge: The motion of The Center for Gender & Refugee Studies, Human Rights Watch, Asian Americans Advancing Justice - Atlanta, Al Otro Lado, and Amica Center for Immigrant Rights for leave to file an amici curiae brief in support of the Appellees and affirmance is granted. The brief is accepted for filing this day. [26-1212] (JW) [Entered: 04/20/2026 11:28 AM]
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| AMICUS CURIAE BRIEF filed by Amici Curiae Florence Immigrant & Refugee Rights Project, National Immigrant Justice Center and Political Asylum/Immigration Representation Project in support of Appellee. Served on 04/14/2026. 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 04/24/2026 . [26-1212]. CLERK'S NOTE: Docket entry was edited to replace an attachment. (JW) [Entered: 04/20/2026 11:22 AM] |
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ORDER entered by Lara E. Montecalvo, Appellate Judge: The motion of Florence Immigrant & Refugee Rights Project, Political Asylum / Immigration Representation Project, and National Immigrant Justice Center for leave to file an amici curiae brief in support of the Appellees and affirmance is granted. The brief is accepted for filing this day. [26-1212] (JW) [Entered: 04/20/2026 11:10 AM]
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| AMICUS CURIAE BRIEF filed by Amici Curiae Al Otro Lado, Amica Center for Immigrant Rights, Asian Americans Advancing Justice - Atlanta, Center For Gender & Refugee Studies and Human Rights Watch in support of Appellees. Served on 04/15/2026. 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 04/24/2026 . [26-1212] (JW) [Entered: 04/20/2026 12:01 PM] |
| BRIEF tendered by Appellants Todd Blanche, DHS, Antone Moniz and Markwayne Mullin. [26-1212] CLERK'S NOTE: Docket entry was edited to replace the attachment. (ML) [Entered: 04/20/2026 09:34 PM] |
| NINE (9) paper copies of appellees' brief [ # 6801604-2 ] submitted by Appellees D.V.D., E.F.D., M.M. and O.C.G. [26-1212] (SRS) [Entered: 04/22/2026 10:51 AM] |
| MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) THE CENTER FOR GENDER & REFUGEE STUDIES, HUMAN RIGHTS WATCH, ASIAN AMERICANS ADVANCING JUSTICE-ATLANTA, AL OTRO LADO, AND AMICA CENTER FOR IMMIGRANT RIGHTS. Served on 04/16/2026. [26-1212] (AEL) [Entered: 04/16/2026 02:23 PM] |
| NOTICE of appearance on behalf of Movant(s) Florence Immigrant & Refugee Rights Project, Political Asylum / Immigration Representation (PAIR) Project, and National Immigrant Justice Center filed by Attorney Rachel A. Romaniuk. Served on 04/16/2026. [26-1212] (RR) [Entered: 04/16/2026 12:05 PM] |
| NOTICE of appearance on behalf of Movant(s) The Florence Immigrant & Refugee Rights Project, Political Asylum / Immigration Representation (PAIR) Project, and National Immigrant Justice Center filed by Attorney Rachel A. Romaniuk. Served on 04/15/2026. [26-1212] (RR) [Entered: 04/15/2026 06:25 PM] |
| NOTICE of appearance on behalf of Movant(s) Amici Curiae, The Center for Gender & Refugee Studies; Human Rights Watch; Asian Americans Advancing Justice-Atlanta; Al Otro Lado; and Amica Center for Immigrant Rights filed by Attorney Amanda Lee-DasGupta. Served on 04/15/2026. [26-1212] (AEL) [Entered: 04/15/2026 06:15 PM] |
| DISCLOSURE statement filed by Movants Al Otro Lado, Amica Center for Immigrant Rights, Asian Americans Advancing Justice - Atlanta, Center For Gender & Refugee Studies, and Human Rights Watch. Served on 04/15/2026. [26-1212] (AVN) [Entered: 04/15/2026 05:13 PM] |
| MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) CENTER FOR GENDER & REFUGEE STUDIES, HUMAN RIGHTS WATCH, ASIAN AMERICANS ADVANCING JUSTICE-ATLANTA, AL OTRO LADO, AND AMICA CENTER FOR IMMIGRANT RIGHTS. Served on 04/15/2026. [26-1212] (AEL) [Entered: 04/15/2026 04:35 PM] |
| DISCLOSURE statement filed by Movants Florence Immigrant & Refugee Rights Project, National Immigrant Justice Center and Political Asylum/Immigration Representation Project. Served on 04/14/2026. [26-1212] (AVN) [Entered: 04/15/2026 09:06 AM] |
| APPELLEES' BRIEF filed by Appellees D.V.D., E.F.D., M.M., and O.C.G.. Served on 04/13/2026. 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 04/20/2026 . [26-1212] (NP) [Entered: 04/14/2026 09:32 AM] |
| MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) Florence Immigrant & Refugee Rights Project ("Florence Project"), Political Asylum / Immigration Representation Project ("PAIR Project"), and National Immigrant Justice Center ("NIJC"). Served on 04/14/2026. [26-1212] (RR) [Entered: 04/14/2026 09:50 PM] |
| BRIEF tendered by Appellees D.V.D., E.F.D., M.M. and O.C.G.. [26-1212] (TAR) [Entered: 04/13/2026 05:10 PM] |
| NINE (9) paper copies of amicus curiae brief [ # 6799465-2 ] submitted by Amicus Curiae Federation for American Immigration Reform. [26-1212] (SRS) [Entered: 04/09/2026 03:21 PM] |
| NINE (9) paper copies of corrected brief [ # 6798914-2 ] submitted by Appellants Todd Blanche, Antone Moniz, Markwayne Mullin and DHS. [26-1212] (SRS) [Entered: 04/09/2026 04:38 PM] |
| FIVE (5) paper copies of corrected appendix [ # 6798915-2 ] submitted by Appellants Todd Blanche, Antone Moniz, Markwayne Mullin and DHS. [26-1212] (YCC) [Entered: 04/09/2026 10:55 AM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae Federation for American Immigration Reform in support of Appellants. Served on 04/06/2026. 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 04/13/2026 . [26-1212]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (AVN) [Entered: 04/07/2026 10:15 AM] |
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ORDER entered by Lara E. Montecalvo, Appellate Judge: The motion of Movant Federation for American Immigration Reform for leave to file an amicus curiae brief in support of Defendants-Appellants and reversal is granted. The brief is accepted for filing this day. [26-1212] (AVN) [Entered: 04/07/2026 10:14 AM]
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| DESIGNATION of attorney presenting oral argument filed by Attorney Sarah Welch for Appellants Todd Blanche, Antone Moniz, Markwayne Mullin and DHS. Served on 04/06/2026. [26-1212] (SW) [Entered: 04/06/2026 06:38 PM] |
| NOTICE of appearance on behalf of Appellants Todd Blanche, DHS, Markwayne Mullin and Antone Moniz filed by Attorney Sarah Welch. Served on 04/06/2026. [26-1212] (SW) [Entered: 04/06/2026 06:34 PM] |
| DISCLOSURE statement filed by Movant Federation for American Immigration Reform. Served on 04/06/2026. [26-1212] (AVN) [Entered: 04/06/2026 03:36 PM] |
| MOTION for leave to file amicus curiae brief in support of Appellant filed by Movant(s) Federation for American Immigration Reform. Served on 04/06/2026. [26-1212] (MAC) [Entered: 04/06/2026 02:45 PM] |
| NOTICE of appearance on behalf of Movant(s) Federation for American Immigration Reform filed by Attorney Matt A. Crapo. Served on 04/06/2026. [26-1212] (MAC) [Entered: 04/06/2026 02:42 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: Jonathan Guynn for DHS, Antone Moniz, Todd Blanche and Markwayne Mullin, Aysha Iqbal for DHS, Antone Moniz, Todd Blanche and Markwayne Mullin, Yaakov Roth for DHS, Antone Moniz, Todd Blanche and Markwayne Mullin, 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. [26-1212] (AVN) [Entered: 04/06/2026 10:14 AM] |
| CORRECTED APPENDIX filed by Appellants Todd Blanche, Antone Moniz, Markwayne Mullin, and DHS. Served on 04/03/2026. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 04/10/2026. [26-1212] (AVN) [Entered: 04/06/2026 10:11 AM] |
| CORRECTED BRIEF filed by Appellants Todd Blanche, Antone Moniz, Markwayne Mullin, and DHS. Served on 04/03/2026. 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 04/10/2026 . [26-1212] (AVN) [Entered: 04/06/2026 10:09 AM] |
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ORDER entered by Lara E. Montecalvo, Appellate Judge: Upon consideration, Appellants Todd Blanche, DHS, Markwayne Mullin, and Antone Moniz's assented-to motion for leave to file a corrected appendix and corrected brief is allowed, and the originally tendered appendix is stricken from the docket. The corrected appendix and corrected brief are accepted for filing on this date. All remaining briefing deadlines are unchanged. [26-1212] (AVN) [Entered: 04/06/2026 10:05 AM]
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| ASSENTED TO MOTION for leave to file corrected or substituted appendix, for leave to file corrected or substituted brief filed by Appellants Todd Blanche, DHS, Markwayne Mullin and Antone Moniz. Served on 04/03/2026. [26-1212] (ML) [Entered: 04/03/2026 03:42 PM] |
| Public docket note: Pursuant to Fed. R. App. P. 43(c)(2), Pamela J. Bondi has been substituted by Todd Blanche as Acting Attorney General. [26-1212] (DO) [Entered: 04/03/2026 12:59 PM] |
| NOTICE of appearance on behalf of Appellants Pamela J. Bondi, DHS, Antone Moniz and Markwayne Mullin filed by Attorney Matthew P. Seamon. Served on 04/03/2026. [26-1212] (MPS) [Entered: 04/03/2026 12:27 PM] |
| NINE (9) paper copies of appellants' brief [ # 6797459-2 ] submitted by Appellants Pamela J. Bondi, Antone Moniz, Markwayne Mullin and DHS. [26-1212] (SRS) [Entered: 04/01/2026 01:52 PM] |
| FIVE (5) paper copies of appendix [ # 6797460-2 ] submitted by Appellants Pamela J. Bondi, Antone Moniz, Markwayne Mullin and DHS. [26-1212] (SRS) [Entered: 04/01/2026 11:50 AM] |
| APPENDIX filed by Appellants Pamela J. Bondi, Antone Moniz, Markwayne Mullin, and DHS. Served on 03/30/2026. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 04/03/2026. [26-1212] (NP) [Entered: 03/31/2026 12:24 PM] |
| APPELLANTS' BRIEF filed by Appellants Pamela J. Bondi, Antone Moniz, Markwayne Mullin, and DHS. Served on 03/30/2026. 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 04/03/2026 . [26-1212] (NP) [Entered: 03/31/2026 12:20 PM] |
| NOTICE of filing the following transcript in district court by Court Reporter Jessica Bisaillon: 12/16/2025, 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. [26-1212] (AVN) [Entered: 04/06/2026 08:37 AM] |
| BRIEF tendered by Appellants Pamela J. Bondi, DHS, Antone Moniz and Markwayne Mullin. [26-1212] CLERK'S NOTE: Docket entry was modified to replace an attachment. (ML) [Entered: 03/30/2026 11:53 PM] |
| APPENDIX tendered by Appellants Pamela J. Bondi, DHS, Antone Moniz and Markwayne Mullin. Served on 03/30/2026. [26-1212] (ML) [Entered: 03/30/2026 11:29 PM] |
| 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.. Served on 03/27/2026. [26-1212] (TAR) [Entered: 03/27/2026 02:40 PM] |
| CASE calendared: This case is presently scheduled to be called for oral argument on Wednesday, May 13, 2026, at 2:00 p.m. in Boston, MA in the En Banc Courtroom at the Moakley Courthouse, 7th Floor. There will be no continuance except for grave cause. 1st Cir. R. 34.1(d). . Designation form due 04/07/2026. [26-1212] (DJT) [Entered: 03/24/2026 02:50 PM] |
| Public docket note: Pursuant to Fed. R. App. P. 43(c)(2), Kristi Noem has been substituted by Markwayne Mullin as Secretary of Homeland Security. [26-1212] (AVN) [Entered: 03/24/2026 02:40 PM] |
| TRANSCRIPT ordered: 12/16/2025, Motion Hearing. Transcript due 04/20/2026 from Court Reporter Jessica Bisaillon. [26-1212] (AVN) [Entered: 03/19/2026 04:03 PM] |
| TRANSCRIPT report/order form filed by Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem indicating transcripts are being ordered. Served on 03/17/2026. [26-1212]. CLERK'S NOTE: Docket entry was edited to replace an attachment. (ML) [Entered: 03/17/2026 06:04 PM] |
| DOCKETING statement filed by Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem. Served on 03/17/2026. [26-1212]. CLERK'S NOTE: Docket entry was edited to replace an attachment. (ML) [Entered: 03/17/2026 06:00 PM] |
| NOTICE issued. After 03/31/2026 , 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, 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. [26-1212] (AVN) [Entered: 03/17/2026 10:03 AM] |
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ORDER entered by Lara E. Montecalvo, Appellate Judge; Jeffrey R. Howard, Appellate Judge; and Seth Robert Aframe, Appellate Judge: Defendants' emergency motion for stay pending appeal is granted.* Defendants shall file their opening brief within fourteen (14) days of the issuance of this order. Plaintiffs shall file their responsive brief within fourteen (14) days of the filing of Defendants' opening brief. Defendants shall then file any reply brief within seven (7) days of the filing of Plaintiffs' responsive brief. The parties are permitted to file opening and responsive briefs that do not exceed 15,600 words. Defendants may file a reply that does not exceed 7,800 words. Extensions of the briefing deadlines will be granted only for grave cause. The Court intends to hold oral argument soon after briefing is complete. *MONTECALVO, Circuit Judge , would have denied the stay. [26-1212] (AVN) [Entered: 03/16/2026 09:39 AM]
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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 Anwen Hughes. Served on 03/16/2026. [26-1212] (AH) [Entered: 03/16/2026 05:01 PM] |
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ORDER entered by Lara E. Montecalvo, Appellate Judge; Jeffrey R. Howard, Appellate Judge; and Seth Robert Aframe, Appellate Judge: This is an appeal from a judgment granting final relief on February 25, 2026, in the District Court for the District of Massachusetts. We have jurisdiction under 28 U.S.C. 1291. Defendants-Appellants have filed in this court an "Emergency Motion for Stay Pending Appeal" (the "Motion"). The Motion contains two requests; the sole request we address in this order is the request for an administrative stay. After careful review, we conclude that an administrative stay is appropriate. See United States v. Texas , 144 S. Ct. 797, 798 (2024) (Barrett, J., concurring) (discussing considerations relevant to administrative stays). Accordingly, the request for an immediate administrative stay is granted. We intend to rule on the request for a stay pending appeal promptly. [26-1212] (AVN) [Entered: 03/11/2026 01:40 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 Aaron Korthuis. Served on 03/10/2026. [26-1212] (AK) [Entered: 03/10/2026 05:15 PM] |
| REPLY filed by Appellants Pamela J. Bondi, Antone Moniz, DHS and Kristi Noem to response [ # 6791680-2 ]. Served on 03/10/2026. [26-1212] (ML) [Entered: 03/10/2026 11:52 AM] |
| RESPONSE filed by Appellees D.V.D., E.F.D., M.M. and O.C.G. to motion [ # 6791189-2 ]. Served on 03/09/2026. [26-1212] (TAR) [Entered: 03/09/2026 11:45 AM] |
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ORDER entered: The court is in receipt of defendants-appellants' Emergency Motion for Stay Pending Appeal. Plaintiffs-appellees are directed to file their response thereto by noon on Monday, March 9, 2026. Any reply shall be filed by noon on Tuesday, March 10, 2026. [26-1212] (JMK) [Entered: 03/06/2026 08:16 AM]
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| MOTION to stay pending appeal filed by Appellants DHS, Kristi Noem, Pamela J. Bondi and Antone Moniz. Served on 03/05/2026. [26-1212] CLERK'S NOTE: Docket entry was edited to modify the docket text. (ML) [Entered: 03/05/2026 11:08 PM] |
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ORDER entered by Lara E. Montecalvo, Appellate Judge: Defendants' Motion to Enlarge Word Count of Their Motion for an Emergency Stay Pending Appeal is allowed, including its request for a commensurate extension for the plaintiffs. [26-1212] (AVN) [Entered: 03/04/2026 08:46 AM]
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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 Leila Kang. Served on 03/03/2026. [26-1212] (LK) [Entered: 03/03/2026 11:51 PM] |
| NOTICE of appearance on behalf of Appellees D.V.D., E.F.D., M.M. and O.C.G. filed by Attorney Olivia Callan. Served on 03/03/2026. [26-1212] (OC) [Entered: 03/03/2026 05:56 PM] |
| ASSENTED TO MOTION for leave to file oversized motion for emergency stay pending appeal filed by Appellants Pamela J. Bondi, DHS, Antone Moniz and Kristi Noem. Served on 03/03/2026. [26-1212] (ML) [Entered: 03/03/2026 05:23 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 03/03/2026. [26-1212] (ML) [Entered: 03/03/2026 05:20 PM] |
| NOTICE of appearance on behalf of Appellees D.V.D., E.F.D., M.M. and O.C.G. filed by Attorney Glenda M. Aldana Madrid. Served on 03/03/2026. [26-1212] (GMA) [Entered: 03/03/2026 05:07 PM] |
| 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 03/03/2026. [26-1212] (KM) [Entered: 03/03/2026 10:35 AM] |
| NOTICE of appearance on behalf of Appellees D.V.D., E.F.D., M.M. and O.C.G. filed by Attorney Mary Kenney. Served on 03/03/2026. [26-1212] (MAK) [Entered: 03/03/2026 09:44 AM] |
| 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 03/02/2026. [26-1212] (MHA) [Entered: 03/02/2026 01:27 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 03/01/2026. [26-1212] (TAR) [Entered: 03/01/2026 04:52 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #243) filed by Appellants Pamela J. Bondi, Antone Moniz, Kristi Noem, and DHS. Docketing Statement, Transcript Report/Order form, and Appearance form due 03/16/2026 . [26-1212] (ALW) [Entered: 02/28/2026 10:04 AM] |
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