Peralta et al v. Department of Homeland Security et al
| Moises Javier Aguilar Peralta, F.M., S.T. and Jose Armando de Leon Zapata |
| Department of Homeland Security, Kristi Noem, Immigration and Customs Enforcement, Todd M Lyons, Director Robert Lynch, Customs and Border Protection, Rodney S Scott, Border Patrol and Michael W Banks |
| 2:2026cv00337 |
| March 18, 2026 |
| U.S. District Court for the Southern District of Ohio |
| Sarah D Morrison |
| Chelsey M Vascura |
| Civil Rights: Other |
| Civil Miscellaneous Case |
| None |
Docket Report
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This docket was last retrieved on July 17, 2026. A more recent docket listing may be available from PACER.
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Filing 44
NOTICE of Appearance by Jesse Henderson Vogel for Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata (Vogel, Jesse)
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Filing 43
NOTATION ORDER denying #39 Defendants' Motion to Extend the Deadline to Provide Responses and/or Production of Discovery in Response to Plaintiffs' Discovery Request. Signed by Magistrate Judge Chelsey M. Vascura on 5/13/26. (sem)
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Filing 42
ORDER issued memorializing the 5/11/26 Telephonic Discovery Conference. Signed by Magistrate Judge Chelsey M. Vascura on 5/13/26. (sem)
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Filing 41
REPLY to Response to Motion re #39 MOTION for Extension of Time to Complete Discovery filed by Defendants Michael W Banks, Border Patrol, Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement, Robert Lynch, Todd M Lyons, Kristi Noem, Rodney S Scott. (Young, Shane)
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Filing 40
RESPONSE in Opposition re #39 MOTION for Extension of Time to Complete Discovery filed by Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata. (Vardaro, Jeffrey)
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ORAL MOTION to Compel and ORAL MOTION for Protective Order entered for statistical purposes only. (sem)
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Filing 39
MOTION for Extension of Time to Complete Discovery by Defendants Michael W Banks, Border Patrol, Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement, Robert Lynch, Todd M Lyons, Kristi Noem, Rodney S Scott. New date requested 5/15/2026. (Young, Shane)
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Filing 38
Transcript of Telephone Conference Proceedings held on 05/11/2026, before Magistrate Judge Chelsey M. Vascura. Court Reporter/Transcriber Crystal Hatchett, Telephone number (614)719-3245. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 6/2/2026. Redacted Transcript Deadline set for 6/12/2026. Release of Transcript Restriction set for 8/10/2026. (Hatchett, Crystal)
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Filing 37
NOTATION ORDER granting #36 Motion for Leave to File consolidated response and reply brief. Signed by Chief District Judge Sarah D. Morrison on 5/11/2026. (merc)
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Statistical Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Telephone Conference held on 5/11/2026. (Court Reporter: Crystal Hatchett) (agm)
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Filing 36
Unopposed MOTION for Leave to File Consolidated Response and Reply Brief by Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata. (Attachments: #1 Text of Proposed Order) (Levenson, Freda)
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Filing 35
NOTICE of Appearance by Carlen Zhang-D'Souza for Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata (Zhang-D'Souza, Carlen)
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Filing 34
REDACTION AAFOD Affholter Decl. 5-7-2026 redacted refiled pursuant to ECF 31, and Notation Order, ECF 32 by Defendants Michael W Banks, Border Patrol, Customs and Border Protection, Department of Homeland Security. (Yates, Christopher)
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Filing 33
REDACTION AAFOD Affholter Decl. 5-7-2026 redacted pursuant to ECF 31, Notation Order ECF 32 by Defendants Michael W Banks, Border Patrol, Customs and Border Protection, Department of Homeland Security. (Yates, Christopher)
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Filing 32
NOTATION ORDER. Per #31 Notice (Other), the Court STRIKES ECF Numbers [28-1] and [29-1] due to improper redactions. Signed by Chief District Judge Sarah D. Morrison on 5/7/2026. (merc)
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Filing 31
NOTICE by Defendants Michael W Banks, Border Patrol, Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement, Robert Lynch, Todd M Lyons, Kristi Noem, Rodney S Scott re #28 Response in Opposition to Motion, #29 Response in Opposition to Motion, Notice of Errata (Young, Shane)
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Filing 30
MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Plaintiffs' Complaint for Declaratory and Injunctive Relief by Defendants Michael W Banks, Border Patrol, Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement, Robert Lynch, Todd M Lyons, Kristi Noem, Rodney S Scott. (Attachments: #1 Exhibit A, Lyons Memo 1-28-2026) (Yates, Christopher)
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Filing 29
*Document # 1 STRICKEN by the Court per ECF 32 *RESPONSE in Opposition re #14 MOTION to Certify Class filed by Defendants Michael W Banks, Border Patrol, Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement, Robert Lynch, Todd M Lyons, Kristi Noem, Rodney S Scott. (Attachments: #2 Affidavit WC Vorholt Decl. 5-6-2026, #3 Exhibit A, Lyons Memo 1-28-2026) (Yates, Christopher)
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Filing 28
*Document # 1 STRICKEN by the Court per ECF 32 * RESPONSE in Opposition re #12 MOTION for Preliminary Injunction filed by Defendants Michael W Banks, Border Patrol, Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement, Robert Lynch, Todd M Lyons, Kristi Noem, Rodney S Scott. (Attachments: (2) Affidavit WC Vorholt Decl. 5-6-2026, #3 Exhibit Lyons Memo 1-28-2026) (Yates, Christopher)- D
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Filing 27
ORDER GRANTING Named Plaintiffs' #26 Motion for Protective Order. Please note the Court's ORDERS as listed in said Order. Signed by Chief District Judge Sarah D. Morrison on 5/1/2026. (tb)
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Filing 26
MOTION for Protective Order by Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata. (Attachments: #1 Text of Proposed Order) (Vardaro, Jeffrey)
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Statistical Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Telephone Conference held on 4/23/2026. (agm)
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Filing 24
ORDER Memorializing the April 23rd, 2026 Telephone Conference. Telephone Conference set for 5/11/2026 01:30 PM before Magistrate Judge Chelsey M. Vascura. Signed by Magistrate Judge Chelsey M. Vascura on 4/23/2026. (bew)
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Filing 23
Transcript of Local Rule 65.1 Proceedings held on April 21, 2026, before Chief Judge Sarah D. Morrison. Court Reporter/Transcriber Allison Lewis Kimmel, FAPR, RDR, CRR, Telephone number 614.719.3225. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 5/14/2026. Redacted Transcript Deadline set for 5/26/2026. Release of Transcript Restriction set for 7/22/2026. (ak)
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Filing 22
NOTICE of Appearance by Vincent Wesley Wells for Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata (Wells, Vincent)
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Filing 21
NOTICE of Appearance by Shane Alan Young for Defendants Michael W Banks, Border Patrol, Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement, Robert Lynch, Todd M Lyons, Kristi Noem, Rodney S Scott (Young, Shane)
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Filing 19
ORDER pursuant to the Informal 65.1 Conference held on 4/21/2026- Evidentiary Hearing set for 6/3/2026 09:00 AM, 6/4/2026 09:00 AM, 6/5/2026 09:00 AM in Courtroom 132 - Columbus before Chief District Judge Sarah D. Morrison. Signed by Chief District Judge Sarah D. Morrison on 4/21/2026. (merc)
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Filing 18
Minute Entry for proceedings held before Chief District Judge Sarah D. Morrison: Rule 65.1 Informal Conference held on 4/21/2026. (Court Reporter: Allison Kimmel) (merc)
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Filing 17
NOTICE of Appearance by Sean L Walton, Jr for Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata (Walton, Sean)
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Filing 16
NOTICE of Appearance by Amy Rose Gilbert for Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata (Gilbert, Amy)
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Filing 15
NOTICE of Hearing: Informal Preliminary Conference Pursuant to Local Rule 65.1 set for 4/21/2026 01:30 PM in Courtroom 132 - Columbus before Chief District Judge Sarah D. Morrison. (merc)
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Filing 14
MOTION to Certify Class by Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata. (Attachments: #1 Affidavit Cortez Declaration, #2 Affidavit Gittes Declaration, #3 Affidavit Kersh Declaration, #4 Affidavit Levenson Declaration, #5 Affidavit Marshall Declaration, #6 Affidavit Walton Declaration, #7 Affidavit Wells Declaration) (Kersh, Kathleen)
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Filing 13
NOTICE of Appearance by David J. Carey for Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata (Carey, David)
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Filing 12
MOTION for Preliminary Injunction by Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata. (Attachments: #1 Declaration of F.M., #2 Declaration of Jose Armando de Leon Zapata, #3 Declaration of Moises Javier Aguilar Peralta, #4 Declaration of S.T., #5 Declaration of Jose Cesareo Vallardes, #6 Declaration of Leosdanis Mulet, #7 Declaration of Guadalupe Montoya Sadillo, #8 Declaration of Cesar Chavez Velasquez, #9 Declaration of Brad Bonacci, #10 Declaration of I.A., #11 Declaration of Y.R., #12 Declaration of Emily Montgomery Brown, #13 Declaration of Brian J. Hoffman) (Levenson, Freda)
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Filing 11
ORDER granting in part and denying in part #10 Plaintiffs' Motion for Leave to File Excess Pages. Plaintiffs' motion is GRANTED IN PART. Plaintiffs' brief shall not exceed FORTY (40) PAGES. Defendants' response brief shall not exceed FORTY (40) PAGES. Plaintiffs' reply brief (if any) shall not exceed TEN (10) PAGES. Signed by Chief District Judge Sarah D. Morrison on 4/13/2026. (merc)
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Filing 10
MOTION for Leave to File Excess Pages by Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata. (Levenson, Freda)
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Filing 9
NOTICE of Appearance by Christopher R Yates for Defendants Michael W Banks, Border Patrol, Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement, Robert Lynch, Todd M Lyons, Kristi Noem, Rodney S Scott (Yates, Christopher)
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Filing 8
NOTICE of Appearance by Rebecca Bundy for Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata (Bundy, Rebecca)
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Filing 7
NOTICE of Appearance by Gwendolyn Short for Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata (Short, Gwendolyn)
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Filing 6
ORDER granting #4 Motion for Leave to Proceed Pseudonymously and Protective Order. Signed by Magistrate Judge Chelsey M. Vascura on 3/24/2026. (bew)
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Filing 5
NOTICE of Appearance by Kathleen Caroline Kersh for Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata (Kersh, Kathleen)
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Filing 4
MOTION for Leave to Proceed Pseudonymously ( Responses due by 4/16/2026) by Plaintiffs F.M., S.T. (Attachments: #1 Declaration of F.M., #2 Declaration of S.T.) (Levenson, Freda) Modified on 3/24/2026 to correct text, filing parties, and ECF filing events (kk2)
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Filing 3
NOTICE of Appearance by Maria Alejandra Otero for Plaintiffs F.M., Moises Javier Aguilar Peralta, S.T., Jose Armando de Leon Zapata (Otero, Maria)
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Filing 2
Summons Issued as to Michael W Banks, Border Patrol, Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement, Robert Lynch, Todd M Lyons, Kristi Noem, and Rodney S Scott (kk2)
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CLERK'S NOTICE: In accordance with Federal Rule of Civil Procedure 73 and 28 U.S.C. 636(c), the parties are notified that if all parties consent, a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. The form may be accessed at the following link: #AO-085. The consent form should be filled out, signed and filed electronically only if all parties wish to consent. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent form unless all parties have signed the consent. (kk2)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 405 paid - receipt number: AOHSDC-10945708), filed by S.T., F.M., Moises Javier Aguilar Peralta, Jose Armando de Leon Zapata. (Attachments: #1 Civil Cover Sheet, #2 Summons Form) (Marshall, John)
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