Kristi Noem, et al v. Sara L. Ellis
| KRISTI L. NOEM, TODD LYONS, MARCOS CHARLES, RUSSELL HOTT and GREGORY BOVINO |
| SARA L. ELLIS |
| CHICAGO HEADLINE CLUB, BLOCK CLUB CHICAGO, CHICAGO NEWSPAPER GUILD LOCAL 34071, NABET-CWA LOCAL 54041 and ILLINOIS PRESS ASSOCIATION |
| 25-2936 |
| October 29, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
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Filing 11
ORDER re: 1. Petition for a writ of mandamus. 2. Response to petition for writ of mandamus. 3. Reply in support of petition for a writ of mandamus. [ # 1 ] [ # 7 ] [ # 10 ] After the district court issued a temporary restraining order affecting some aspects of immigration-law enforcement in the Chicago area, the judge on her own motion entered a further order requiring Gregory Bovino, a Chief Patrol Agent at U.S. Customs and Border Protection, to appear in court at 5:45 p.m. every weekday to report on the use of force activities for each day. The judge justified this order by stating that she had seen videos that led her to question whether the TRO was being obeyed. The order was not, however, a response to any motion by counsel for the plaintiffs (and the videos to which the judge referred apparently do not deal with behavior involving any of the plaintiffs). The federal defendants seek a writ of mandamus with respect to this aspect (and only this aspect) of the district courts rulings. We issued a stay of the order requiring Chief Bovino to appear and report daily, and we now GRANT the petition for mandamus. While this litigation presents very challenging circumstances, the district courts order has two principal failings. First, it puts the court in the position of an inquisitor rather than that of a neutral adjudicator of the parties adversarial presentations. Second, it sets the court up as a supervisor of Chief Bovinos activities, intruding into personnel management decisions of the Executive Branch. These two problems are related and lead us to conclude that the order infringes on the separation of powers. Review by appeal at the end of the case would not solve the problems created in the interim, which justifies review by a prerogative writ. See In re Commodity Futures Trading Commission , 941 F.3d 869 (7th Cir. 2019). Cf. Cheney v. United States District Court , 542 U.S. 367 (2004). [11] [7484380] [25-2936] (PS) [Entered: 10/31/2025 03:13 PM]
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| Filing 10 Filed reply in support of petition for a writ of mandamus by Petitioners Gregory Bovino, Marcos Charles, Russell Hott, Todd Lyons and Kristi L. Noem, per order. [10][7484352] [25-2936] (PS) [Entered: 10/31/2025 02:29 PM] |
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Filing 9
ORDER re: Motion for leave to file reply in support of petition for a writ of mandamus. [ # 8 ] The motion for leave to file a reply is GRANTED. The clerk of this court shall file INSTANTER the tendered reply. CLH [9] [7484348] [25-2936] (PS) [Entered: 10/31/2025 02:22 PM]
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| Filing 8 Motion filed by Petitioners Gregory Bovino, Marcos Charles, Russell Hott, Todd Lyons and Kristi L. Noem to file reply in support of the petition for a writ of mandamus. [8] [7484242] [25-2936] (Peters, David) [Entered: 10/31/2025 08:50 AM] |
| FOR COURT USE ONLY: Certified copy of 10/31/2025 Mandamus Final Order sent to the District Court Clerk. [7484387-2] [7484387] [25-2936] (PS) [Entered: 10/31/2025 03:28 PM] |
| Filing 7 Filed Response by Parties-in-Interest Block Club Chicago, Chicago Headline Club, Chicago Newspaper Guild Local 34071, Illinois Press Association and NABET-CWA Local 54041 to TO PETITION FOR WRIT OF MANDAMUS AND EMERGENCY MOTION FOR A STAY PENDING A RULING ON THE GOVERNMENT'S PETITION. [7][7484225] [25-2936] (Art, Steven) [Entered: 10/30/2025 04:55 PM] |
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Filing 6
ORDER re: 1. Petition for a writ of mandamus. 2. Emergency motion for a stay pending a ruling on the governments petition for a writ of mandamus and an immediate administrative stay. The governments request for an administrative stay is GRANTED. Pending a decision on the petition for a writ of mandamus, the district courts October 28, 2025 order is temporarily STAYED only to the extent it required Gregory Bovino to appear in court, in person, each weekday at 5:45 PM. Plaintiffs shall respond to the petition by 5:00 pm on October 30, 2025. [ # 2 ] CLH [6] [7483930] [25-2936] (HTP) [Entered: 10/29/2025 03:47 PM]
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| Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney David B. Owens for Parties-in-Interest Block Club Chicago, Chicago Headline Club, Chicago Newspaper Guild Local 34071 and NABET-CWA Local 54041. for Raven Geary. Additional Parties: Charles Thrush, Stephen Held, William Paulson, Autumn Reidy-Hamer, Leigh Kunkel, David Beale, Rudy Villa, Jennifer Crespo, Reverend David Black, Father Brendan Curran, Reverend Dr. Beth Johnson, Reverend Abby Holcombe. [5] [7483926] (L-No; E-Yes; R-No) [25-2936] [5] [7483926] [25-2936]--[Edited 10/29/2025 by HTP to reflect addition of counsel.] (Owens, David) [Entered: 10/29/2025 03:41 PM] |
| Filing 4 Added Attorney Steven Art for Parties-in-Interest Block Club Chicago, Chicago Headline Club, Chicago Newspaper Guild Local 34071 and NABET-CWA Local 54041, et al., in case 25-2936 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Steve Art for Parties-in-Interest Block Club Chicago, Chicago Headline Club, Chicago Newspaper Guild Local 34071 and NABET-CWA Local 54041. for Raven Geary. Additional Parties: Charles Thrush, Stephen Held, William Paulson, Autumn Reidy-Hamer, Leigh Kunkel, David Beale, Rudy Villa, Jennifer Crespo, Reverend David Black, Father Brendan Curran, Reverend Dr. Beth Johnson, Reverend Abby Holcombe. [4] [7483917] (L-Yes; E-Yes; R-No) [25-2936]--[Edited 10/29/2025 by MAN to reflect addition of counsel] (Art, Steven) [Entered: 10/29/2025 03:28 PM] |
| Filing 3 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: PETITIONERS: Rodney Scott, Daniel Driscoll, William K. Marshall III, Pamela Bondi, U.S Department of Homeland Security, U.S. Department of Justice, Unidentified Federal Officer Defendants, Unidentified Federal Agency Defendants, Donald J. Trump, Sam Olson Chicago Field Office Director ICE, Shawn Byers Chicago Deputy Field Office Director, Kyle Harvick Deputy Incident Commander CBP, Kash Patel Director of the Federal Bureau of Investigation (FBI), Faron Paramore Director of the Federal Protective Service (FPS), and Stephen Miller White House Deputy Chief of Staff. PARTIES-IN-INTEREST: Charles Thrush, Raven Geary, Stephen Held, David Black, William Paulson, Autumn Reidy-Hamer, Leigh Kunkel, Reverend Dr. Beth Johnson, David Beale, Rudy Villa, Jennifer Crespo, Reverend Abby Holcombe, and Father Brendan Curran. [3] [7483882] [25-2936] (HTP) [Entered: 10/29/2025 01:53 PM] |
| Filing 2 Emergency motion filed by Petitioners Gregory Bovino, Marcos Charles, Russell Hott, Todd Lyons and Kristi L. Noem for a stay pending a ruling on the governments petition for a writ of mandamus and an immediate administrative stay. [2] [7483878] [25-2936] (HTP) [Entered: 10/29/2025 01:45 PM] |
| Filing 1 Petition for Writ of Mandamus filed. U.S. Appeal. [1] [7483876] [25-2936] (HTP) [Entered: 10/29/2025 01:37 PM] |
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