D.B.U. et al v. Trump et al
| D.B.U. and R.M.M. |
| Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert Gaudian and Dawn Ceja |
| 1:2025cv01163 |
| April 12, 2025 |
| U.S. District Court for the District of Colorado |
| Denver Office |
| Charlotte N Sweeney |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 in - Habeas Corpus: INS |
| None |
Docket Report
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This docket was last retrieved on July 21, 2025. A more recent docket listing may be available from PACER.
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Filing 61
NOTICE of Entry of Appearance by My Khanh Ngo on behalf of D.B.U., R.M.M. Attorney My Khanh Ngo added to party D.B.U. (pty:pet), Attorney My Khanh Ngo added to party R.M.M. (pty:pet) (Ngo, My Khanh)
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Filing 60
NOTICE of Entry of Appearance by Daniel Galindo on behalf of D.B.U., R.M.M. Attorney Daniel Galindo added to party D.B.U. (pty:pet), Attorney Daniel Galindo added to party R.M.M. (pty:pet) (Galindo, Daniel)
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Filing 59
TRANSCRIPT ORDER FORM re #55 Notice of Appeal, by Respondents Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert Gaudian (Traskos, Kevin)
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Filing 58
LETTER TO USCA and all counsel certifying the record is complete as to #55 Notice of Appeal, filed by US Immigration and Customs Enforcement, et al. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 25-1265) Text Only Entry (sphil, )
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Filing 57
USCA Case Number 25-1265 for #55 Notice of Appeal, filed by US Immigration and Customs Enforcement, et al (sphil, )
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Filing 56
LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #55 Notice of Appeal, filed by US Immigration and Customs Enforcement, Robert Gaudian, US Department of Homeland Security, Dawn Ceja, Todd Lyons, Pamela Bondi, Kristi Noem, Marco Rubio, US State Department, Donald J. Trump to the U.S. Court of Appeals. (USA, Appeal Fee Exempt,) (Attachments: #1 Preliminary Record)(sphil, )
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Filing 55
NOTICE OF APPEAL as to #52 Order on Motion for Preliminary Injunction, #51 Order on Motion to Certify Class by Respondents Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert Gaudian (Velchik, Michael)
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Filing 54
MANDATE of USCA as to #38 Notice of Appeal, filed by US Immigration and Customs Enforcement, et al, #53 USCA Order/Opinion/Judgment : (USCA Case No. 25-1164) (sphil, )
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Filing 53
USCA Order as to #38 Notice of Appeal, filed by US Immigration and Customs Enforcement, et al : Appellants Motion for Voluntarily Dismissal is GRANTED.(USCA Case No. 25-1164) (This document is not the Mandate) (sphil, )
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Filing 52
ORDER granting #45 Motion for Preliminary Injunction. By Judge Charlotte N. Sweeney on 5/6/2025.(cnsja, )
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Filing 51
ORDER granting #4 Motion to Certify Class. By Judge Charlotte N. Sweeney on 5/6/2025.(cnsja, )
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Filing 50
REPLY to Response to #4 MOTION to Certify Class filed by Petitioners D.B.U., R.M.M.. (Gelernt, Lee)
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Filing 49
REPLY to Response to #45 MOTION for Preliminary Injunction filed by Petitioners D.B.U., R.M.M.. (Gelernt, Lee)
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Filing 48
RESPONSE to #45 MOTION for Preliminary Injunction filed by Respondents Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert Gaudian. (Velchik, Michael)
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Filing 47
ORDER of USCA as to #38 Notice of Appeal, filed by US Immigration and Customs Enforcement, Robert Gaudian, US Department of Homeland Security, Dawn Ceja, Todd Lyons, Pamela Bondi, Kristi Noem, Marco Rubio, US State Department, Donald J. Trump. (USCA Case No. 25-1164). The emergency motion for a stay is DENIED. (sphil, )
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Filing 46
RESPONSE to #4 MOTION to Certify Class filed by Respondents Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert Gaudian. (Traskos, Kevin)
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Filing 45
MOTION for Preliminary Injunction by Petitioners D.B.U., R.M.M.. (Attachments: #1 Exhibit Index, #2 Exhibit A, Decl Rebecca Hanson, #3 Exhibit B, Decl Andres Antillano, #4 Exhibit C, Decl Steven Dudley, #5 Exhibit D, Decl Sarah Bishop, #6 Exhibit E, Decl Juanita Goebertus, #7 Exhibit F, Decl Paulina Reyes, #8 Exhibit G, Decl Linette Tobin, #9 Exhibit H, Decl Oscar Sarabia Roman, #10 Exhibit I, Decl Monique Sherman, #11 Exhibit J, Decl Henry D. Hollithron)(Neel, Sara)
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Filing 44
NOTICE of Cisneros Declaration by Petitioners D.B.U., R.M.M. (Attachments: #1 Exhibit A - Cisneros Declaration)(Neel, Sara)
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Filing 42
ORDER: Before the Court is Respondents' opposed Emergency Motion For Order on Stay of Relief Pending Appeal. ECF No. #40 . The Motion is DENIED. By Judge Charlotte N. Sweeney on 4/25/2025. Text Only Entry(cnsja, )
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Filing 41
ORDER granting #37 Joint Motion for Leave to File Excess Pages for Petitioners-Plaintiffs' Motion for Preliminary Injunction and Respondents' Response. The parties are granted leave to exceed the page limits as set forth in CNS Civ. Practice Standard 10.1(c). Petitioner-Plaintiffs may file up to a 35-page Motion for Preliminary Injunction, and Respondent-Defendants may file up to a 35-page Response brief. By Judge Charlotte N. Sweeney on 4/24/2025. Text Only Entry(cnsja, )
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Filing 43
USCA Case Number 25-1164 for #38 Notice of Appeal, filed by US Immigration and Customs Enforcement, Robert Gaudian, US Department of Homeland Security, Dawn Ceja, Todd Lyons, Pamela Bondi, Kristi Noem, Marco Rubio, US State Department, Donald J. Trump. (sphil, )
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Filing 40
Emergency MOTION for Order to Stay Relief Pending Appeal by Respondents Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert Gaudian. (Traskos, Kevin)
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Filing 39
LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #38 Notice of Appeal, filed by US Immigration and Customs Enforcement, Robert Gaudian, US Department of Homeland Security, Dawn Ceja, Todd Lyons, Pamela Bondi, Kristi Noem, Marco Rubio, US State Department, Donald J. Trump to the U.S. Court of Appeals. (Attachments: #1 Preliminary Record)(norlin, )
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Filing 38
NOTICE OF APPEAL as to #35 Order on Motion for TRO, 10 Minute Order,,,,,, 14 Order on Motion to Clarify,,, by Respondents Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert Gaudian (Traskos, Kevin)
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Filing 37
Joint MOTION for Leave to File Excess Pages for Petitioners' Motion for Preliminary Injunction and Respondents' Response by Petitioners D.B.U., R.M.M.. (Neel, Sara)
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Filing 36
TRANSCRIPT of Motion Hearing - Temporary Restraining Order held on April 21, 2025 before Judge Sweeney. Pages: 1-39. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (smitc, )
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Filing 35
ORDER granting #2 Plaintiffs-Petitioners' Emergency Motion for Temporary Restraining Order. By Judge Charlotte N. Sweeney on 4/22/25.(jdyne, )
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Filing 34
MINUTE ENTRY for proceedings held before Judge Charlotte N. Sweeney: Motion Hearing held on 4/21/2025. #2 Motion for Temporary Restraining Order is TAKEN UNDER ADVISEMENT, written order to issue. Court Reporter: Sarah Mitchell. (jdyne, )
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Filing 33
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #30 Notice of Entry of Appearance, #29 Notice of Entry of Appearance filed by attorney Laura Patricia Lunn. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (dgumb, )
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Filing 32
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #27 Notice of Entry of Appearance filed by attorney Michael Kenneth Velchik. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (dgumb, )
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Filing 31
REPLY to Response to #2 Emergency MOTION for Temporary Restraining Order filed by Petitioners D.B.U., R.M.M.. (Attachments: #1 Exhibit A - Notices, #2 Exhibit B - Sherman Declaration)(Macdonald, Timothy)
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Filing 30
NOTICE of Entry of Appearance Sherman by Laura Patricia Lunn on behalf of D.B.U., R.M.M. (Lunn, Laura)
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Filing 29
NOTICE of Entry of Appearance Goodlette by Laura Patricia Lunn on behalf of D.B.U., R.M.M. (Lunn, Laura)
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Filing 28
NOTICE of Entry of Appearance Lunn by Laura Patricia Lunn on behalf of D.B.U., R.M.M. Attorney Laura Patricia Lunn added to party D.B.U. (pty:pet), Attorney Laura Patricia Lunn added to party R.M.M. (pty:pet) (Lunn, Laura)
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Filing 27
NOTICE of Entry of Appearance by Michael Kenneth Velchik on behalf of All Defendants (Velchik, Michael)
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Filing 26
RESPONSE to #2 Emergency MOTION for Temporary Restraining Order filed by Respondents Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert Gaudian. (Attachments: #1 Exhibit 1 - Valdez Declaration, #2 Exhibit 2 - Elliston Declaration)(Traskos, Kevin)
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Filing 25
NOTICE of Entry of Appearance by Omar C. Jadwat on behalf of D.B.U., R.M.M. Attorney Omar C. Jadwat added to party D.B.U. (pty:pet), Attorney Omar C. Jadwat added to party R.M.M. (pty:pet) (Jadwat, Omar)
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Filing 24
NOTICE of Entry of Appearance by Lee Gelernt on behalf of D.B.U., R.M.M. Attorney Lee Gelernt added to party D.B.U. (pty:pet), Attorney Lee Gelernt added to party R.M.M. (pty:pet) (Gelernt, Lee)
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Filing 23
AFFIDAVIT/RETURN of Service of Class Petition for Writ of Habeas Corpus upon DONALD J. TRUMP, in his official capacity as President of the United States; PAMELA BONDI, Attorney General of the United States, in her official capacity; KRISTI NOEM, Secretary of the U.S. Department of Homeland Security, in her official capacity; TODD LYONS, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; MARCO RUBIO, Secretary of State, in his official capacity; U.S. STATE DEPARTMENT; ROBERT GAUDIAN, Director of the Denver Field Office for U.S. Immigration and Customs Enforcement, in his official capacity; DAWN CEJA, Warden, Denver Contract Detention Facility, in her official capacity on 4/16/2025, filed by Petitioners D.B.U., R.M.M. (Attachments: #1 Exhibit A)(Neel, Sara)
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Filing 22
ORDER: Before the Court is Petitioners - Plaintiffs' Unopposed Motion to Appear and Argue Remotely at the hearing on Petitioners' Emergency Motion for Temporary Restraining Order set for Monday, April 21 at 9:00 a.m. ECF No. #20 . Through that request, Petitioners seek to allow Lee Gelernt to appear remotely and argue the motion. The motion is DENIED. Four ACLU lawyers located in Colorado have entered their appearance in this case and can present argument if Mr. Gerlernt is unable to travel. In addition, the Motion (ECF No. #20 ) itself lists no less than thirteen (13) other lawyers who also represent the Petitioners. Thus, should Mr. Gelernt elect not to travel, the Court is confident that one of the other seventeen (17) attorneys will be able to argue the motion in his absence. By Judge Charlotte N. Sweeney on 4/16/2025. Text Only Entry(cnsja, ) Modified on 4/17/2025 to edit text. (sphil, ).
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Filing 21
MINUTE ORDER: A public telephone call-in line will be made available for the hearing scheduled for April 21, 2025 at 9:00 a.m. Those who wish to listen-only may dial 571-353-2301 and enter access code 770126989#. The Court reminds all callers that pursuant to Local Rule (D.C.COLO.LCrR 57.3), the recording of these proceedings is prohibited. By Judge Charlotte N. Sweeney on 4/16/2025. Text Only Entry (cnsja, )
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Filing 20
Unopposed MOTION for Leave to Appear and Argue Remotely by Petitioners D.B.U., R.M.M.. (Macdonald, Timothy)
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Filing 19
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #12 Notice of Entry of Appearance filed by attorney Anna I. Kurtz. DO NOT REFILE THE DOCUMENT. Action to take - The phone number in the contact information on document does not reflect what is on the docket. Counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (ggill, )
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Filing 16
NOTICE of Entry of Appearance by Kevin Thomas Traskos on behalf of Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert GaudianAttorney Kevin Thomas Traskos added to party Dawn Ceja(pty:res), Attorney Kevin Thomas Traskos added to party Donald J. Trump(pty:res), Attorney Kevin Thomas Traskos added to party Pamela Bondi(pty:res), Attorney Kevin Thomas Traskos added to party Kristi Noem(pty:res), Attorney Kevin Thomas Traskos added to party US Department of Homeland Security(pty:res), Attorney Kevin Thomas Traskos added to party Todd Lyons(pty:res), Attorney Kevin Thomas Traskos added to party US Immigration and Customs Enforcement(pty:res), Attorney Kevin Thomas Traskos added to party Marco Rubio(pty:res), Attorney Kevin Thomas Traskos added to party US State Department(pty:res), Attorney Kevin Thomas Traskos added to party Robert Gaudian(pty:res) (Traskos, Kevin)
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Filing 15
AFFIDAVIT/RETURN of Service Pursuant to Court Order (ECF 10) of Court Filings and Order upon Respondents on 4/14/2025, filed by Petitioners D.B.U., R.M.M. (Attachments: #1 Exhibit A, Email String, #2 Exhibit B, Service Tracking and Receipt)(Neel, Sara)
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Filing 14
ORDER granting #13 Emergency Motion to Clarify. Upon review of Petitioners' emergency motion to clarify, ECF No. 13, the motion is GRANTED. The order issued by the Court at ECF No. 10 prohibits the removal from this jurisdiction of Petitioners and the class they propose to represent; namely, "All noncitizens in custody in the District of Colorado who were, are, or will be subject to the March 2025 Presidential Proclamation entitled Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua and/or its implementation." This order shall remain in effect for no longer than fourteen (14) days, as the Court has set a hearing on this matter for April 21, 2025, and will promptly issue an order as to the motion for a TRO. By Judge Charlotte N. Sweeney on 4/14/2025. Text Only Entry(cnsja, )
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Filing 13
Emergency MOTION to Clarify by Petitioners D.B.U., R.M.M.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Macdonald, Timothy)
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Filing 12
NOTICE of Entry of Appearance by Anna I. Kurtz on behalf of D.B.U., R.M.M. Attorney Anna I. Kurtz added to party D.B.U. (pty:pet), Attorney Anna I. Kurtz added to party R.M.M. (pty:pet) (Kurtz, Anna)
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Filing 11
ORDER granting #3 Motion for Leave to Proceed Under Pseudonym, by Judge Charlotte N. Sweeney on 4/14/2025.(cnsja, )
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Filing 10
MINUTE ORDER: Before the Court is Petitioners'-Plaintiffs' Emergency Motion for Temporary Restraining Order (TRO). ECF No. #2 . Pursuant to the All Writs Act, 28 U.S.C. 1651(a), and in order to preserve the Court's jurisdiction, Defendants SHALL NOT REMOVE Petitioners from the District of Colorado or the United States unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. See also Vizguerra-Ramirez v. Choate, et. al, Case No. 1:25-cv-881, D. Colo., ECF No. 11 at 4-5 (collecting cases); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). To the extent they have not yet done so, no later than today, April 14, 2025, Petitioners' counsel is directed (1) to serve Respondents with a copy of the TRO motion and accompanying papers, along with a copy of this Order, by e-mail to the United States Attorney's Office for the District of Colorado and by overnight mail; and (2) to promptly file proof of such service on the docket. Counsel for Defendants shall promptly enter notices of appearance. Defendants are further ordered to RESPOND to Petitioners' TRO motion by THURSDAY, April 17, 2025. See, e.g., Gurchiani v. Garland, No. 23-9588, 2025 WL 46446, at *5 n.11 (10th Cir. Jan. 8, 2025) (noting "importance of adversarial briefing"). The parties are hereby ORDERED to appear for a hearing on Petitioners' TRO motion on Monday, April 21, 2025, at 9:00 a.m. in Courtroom A702 of the Alfred A. Arraj Courthouse. By Judge Charlotte N. Sweeney on 4/14/2025. Text Only Entry (cnsja, )
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Filing 9
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). Summons not issued for Petitions for Writ of Habeas Corpus. (agarc, )
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Filing 8
NOTICE of Entry of Appearance by Emma K. Mclean-Riggs on behalf of D.B.U., R.M.M. Attorney Emma K. Mclean-Riggs added to party D.B.U. (pty:pet), Attorney Emma K. Mclean-Riggs added to party R.M.M. (pty:pet) (Mclean-Riggs, Emma)
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Filing 7
NOTICE of Entry of Appearance by Timothy R. Macdonald on behalf of R.M.M. Attorney Timothy R. Macdonald added to party R.M.M. (pty:pet) (Macdonald, Timothy)
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Filing 6
NOTICE of Entry of Appearance by Timothy R. Macdonald on behalf of D.B.U. Attorney Timothy R. Macdonald added to party D.B.U. (pty:pet) (Macdonald, Timothy)
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Filing 5
Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry (jcolw, )
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Filing 4
MOTION to Certify Class by Petitioners D.B.U., R.M.M.. (Attachments: #1 Exhibit Galindo Declaration)(Neel, Sara)
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Filing 3
MOTION for Leave to Proceed Under Pseudonym by Petitioners D.B.U., R.M.M.. (Neel, Sara)
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Filing 2
Emergency MOTION for Temporary Restraining Order by Petitioners D.B.U., R.M.M.. (Attachments: #1 Exhibit A, Barber Declaration, #2 Exhibit B, Hightower Declaration, #3 Proposed Order (PDF Only))(Neel, Sara)
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Filing 1
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 and Class Complaint for Declaratory and Injunctive Relief (Filing fee $ 5, Receipt Number ACODC-10274533)Attorney Sara R. Neel added to party D.B.U. (pty:pet), Attorney Sara R. Neel added to party R.M.M. (pty:pet), filed by D.B.U., R.M.M.. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons)(Neel, Sara)
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