Current stage: Hearing Held
The plaintiffs sued USCIS and DHS challenging agency policies (including PM-602-0194) and moved for a preliminary injunction. The court held a hearing on June 3, 2026, took the injunction motion under advisement, granted plaintiffs leave to amend (which they did), and defendants filed a motion to dismiss that has been fully briefed. The judge later issued an order to show cause about why a preliminary injunction should not be entered; parties filed responses and the court has dismissed several individual plaintiffs without prejudice.
Deadlines, hearings, and court-ordered dates from this docket
Parties shall call the courtroom at 571-353-2301, Access 435 004 390# at 3:00 PM on 2026-05-11 for the telephone status conference.
Defendants must file a consolidated answer/response to the Complaint and Motion for Preliminary Injunction by 5/19/2026.
Plaintiffs must file their replies in support of the preliminary injunction by 5/29/2026.
Preliminary Injunction Motion Hearing set for 6/3/2026 at 1:30 PM in Courtroom C202 (Denver-Byron Rogers Courthouse); Court Reporter: Megan Strawn.
Each party must file a Notice of Intent to Redact personal identifiers from the electronic transcript by this date (within seven calendar days of the 06/15/2026 transcript filing).
Plaintiffs may file an amended complaint by 2026-06-25 to address Article III standing as permitted by the court's June 4, 2026 order.
Defendants must show cause within 14 days of the September 18, 2026 order (i.e., by 2026-10-02) explaining why their motion should not be denied and a preliminary injunction entered, and must submit information on steps taken to resume processing and a timeline for adjudication.
Plaintiffs shall have 14 days to file a response after defendants submit their show-cause materials (i.e., due 14 days after defendants' filing, which would be 2026-10-16 if defendants file on 2026-10-02).
Extracted from court filings. Check linked sources for official deadlines.
October 20, 2026
The plaintiffs filed a notice of voluntary dismissal removing several parties from the case. The docket entry records the filing of that notice on 2026-10-20.
October 20, 2026
Key EventThe court ordered that several plaintiffs be dismissed without prejudice from the action pursuant to the filing at Docket No. 38. The order was entered by District Judge Gordon P. Gallagher on October 20, 2026.
October 16, 2026
On October 16, 2026, the plaintiffs filed a reply to the response to the court's Order to Show Cause.
October 2, 2026
Defendants United States Citizenship and Immigration Services and the Department of Homeland Security filed a response to the court's Order to Show Cause (Dkt. 35), attaching a Declaration of K. Lotspeich.
September 18, 2026
Key EventThe court issued an order directing defendants to show cause within 14 days why defendants’ motion should not be denied and why a preliminary injunction should not be entered, and it ordered defendants to provide information on steps taken to resume benefits processing and a timeline for adjudication of plaintiffs’ applications. The court also directed plaintiffs to promptly notify the court of any changed circumstances and to identify which plaintiffs’ claims rely on the policy referenced in the First Circuit’s Dorcas decision.
September 9, 2026
Key EventThe court issued an order—pursuant to docket no. 33—dismissing a subset of the plaintiffs from the action without prejudice. The order was entered by District Judge Gordon P. Gallagher on September 9, 2026.
September 8, 2026
The plaintiffs filed a notice voluntarily dismissing several parties from the case. The entry reflects only the plaintiffs’ filing and does not indicate whether the court has approved or entered those dismissals.
August 19, 2026
A motion to withdraw as counsel was filed on behalf of the defendants, U.S. Citizenship and Immigration Services and the Department of Homeland Security; the filing lists attorney Timothy Jafek and was entered on 2026-08-19.
August 19, 2026
The court granted a motion to withdraw and terminated Attorney Timothy Bart Jafek’s appearance as counsel on August 19, 2026.
August 18, 2026
A notice of appearance was filed stating that attorney Nicholas Albert Deuschle has entered an appearance on behalf of all defendants; the docket notes he was added as counsel for U.S. Citizenship and Immigration Services and the Department of Homeland Security. The entry reflects only the filing of the attorney's appearance and does not state any court action beyond that.
August 11, 2026
On August 11, 2026, the defendants (U.S. Citizenship and Immigration Services and the Department of Homeland Security) filed a reply brief responding to the plaintiffs' opposition to the defendants’ motion to dismiss for lack of jurisdiction and for failure to state a claim.
August 6, 2026
A plaintiff filed a notice voluntarily dismissing one party from the case. The docket entry reflects the filing of that notice and does not state whether the court has granted or entered the dismissal.
July 28, 2026
The plaintiffs filed a formal response to the defendants’ motion to dismiss (ECF No. 26) and attached Exhibit A titled "USCIS Historical Processing Times."
July 8, 2026
Defendants U.S. Citizenship and Immigration Services and the Department of Homeland Security filed motions to dismiss the complaint for lack of jurisdiction and for failure to state a claim. The filing includes four exhibits: Policy Alert PA-2025-26; Policy Memoranda PM-602-0192 and PM-602-0194; and a declaration of Andrew Good.
July 6, 2026
The court granted defendants’ unopposed motion for leave to file excess pages, allowing defendants to file a 30‑page motion to dismiss the amended complaint and allowing plaintiffs to file a 30‑page response to that motion.
July 6, 2026
Attorney Alexandra J. Berger filed a motion to withdraw as counsel for the defendants, U.S. Citizenship and Immigration Services and the Department of Homeland Security. The entry reflects only the filing of the motion and does not indicate whether the court has ruled on it.
July 6, 2026
The court issued an order granting a motion to withdraw and terminated Attorney Alexandra J. Berger’s appearance for the defendants. The order was entered by District Judge Gordon P. Gallagher on July 6, 2026.
July 6, 2026
The Department of Homeland Security filed an unopposed motion asking the court for leave to file a submission that exceeds the page limits. The docket entry reflects only the filing of that motion and does not state any court decision on it.
June 24, 2026
The plaintiffs filed an amended complaint on June 24, 2026, asserting claims against U.S. Citizenship and Immigration Services and the Department of Homeland Security. The filing includes a redlined amended complaint, declarations, and an attachment titled “Dorcas Notice of Appeal and Motion for Stay.”
June 15, 2026
The court reporter filed the transcript (pages 1–113) of the June 3, 2026 motion hearing. The docket directs each party to file a Notice of Intent to Redact personal identifiers within seven calendar days of the transcript filing, otherwise the transcript will be made electronically available after 90 days.
June 5, 2026
The plaintiffs filed a Notice of Supplemental Authorities attaching two documents titled “Dorcas International Institute of Rhode Island Decision” and “Doe v. Edlow.”
June 4, 2026
The court noted defendants raised an Article III standing challenge at the June 3 hearing and granted the plaintiffs leave to amend their complaint to address standing and related deficiencies; the court directed that necessary facts or declarations be included in the amended complaint or its attachments. The order gives plaintiffs 21 days from June 4, 2026 to file an amended complaint if they choose to do so.
June 3, 2026
Key EventOn June 3, 2026, the court held a video motion hearing on the plaintiffs' motion for a preliminary injunction and the defendants' motion to dismiss; the court admitted Defendants' Exhibit 1 for the hearing only and took both motions under advisement, stating it will issue a written order.
May 29, 2026
On May 29, 2026, the plaintiffs filed a reply to the defendants' consolidated response to the plaintiffs' motion for a preliminary injunction.
May 19, 2026
Defendants (USCIS and DHS) filed a consolidated response to the complaint and to the plaintiffs’ motion for a preliminary injunction, attaching five exhibits: Policy Alert PA-2025-26; Policy Memorandum PM-602-0192; Policy Memorandum PM-602-0194; a declaration of Andrew Good; and a plaintiffs chart.
May 12, 2026
A notice of appearance was filed on May 12, 2026, adding attorney Jesse Matthew Bless as counsel for all plaintiffs in the case; the filing lists numerous individual plaintiffs for whom he is being added.
May 11, 2026
The court issued an order scheduling a telephone status conference for May 11, 2026 at 3:00 PM in Room 323 (Grand Junction) and provided the dial-in number and access code for the parties to call. The order was entered sua sponte by the judge.
May 11, 2026
The docket entry indicates the case was randomly reassigned to District Judge Gordon P. Gallagher and drawn to Magistrate Judge Susan Prose. It instructs that all future pleadings should be designated as 26-cv-01396-GPG.
May 11, 2026
A telephone status conference was held before District Judge Gordon P. Gallagher on May 11, 2026. The court set deadlines for the briefing and scheduled a preliminary injunction hearing: defendants' consolidated answer/response due May 19, 2026; plaintiffs' replies due May 29, 2026; and the hearing set for June 3, 2026 at 1:30 PM in Courtroom C202.
May 9, 2026
On May 9, 2026, Magistrate Judge Susan Prose ordered that because a motion for injunctive relief (the plaintiffs' motion for a preliminary injunction) has been filed and local rule D.C.COLO.LCivR 40.1(c)(2)(a) prohibits direct assignment of such cases to a magistrate judge, the Clerk's Office is directed to reassign the case to a United States District Judge.
May 5, 2026
On 2026-05-05, a notice of entry of appearance was filed for Alexandra J. Berger, stating she appears on behalf of all defendants; the docket notes Attorney Alexandra J. Berger was added to the parties for U.S. Citizenship and Immigration Services and the Department of Homeland Security.
May 5, 2026
Attorney Timothy Bart Jafek has filed a notice of appearance representing all defendants, and was added as counsel for the U.S. Citizenship and Immigration Services and the Department of Homeland Security.
April 21, 2026
The plaintiffs filed a motion seeking a preliminary injunction and attached eight exhibits in support of the motion.
April 16, 2026
The plaintiff filed a notice of voluntary dismissal of a single plaintiff/party. The docket entry reflects only the plaintiff's filing and does not indicate whether the court has approved or entered the dismissal.
April 15, 2026
The clerk issued a summons on April 15, 2026. The docket entry simply notes that a summons was issued by the clerk.
April 13, 2026
The docket entry indicates the plaintiffs filed a request for issuance of summons to the defendants in connection with the complaint, attaching summons forms for DHS, USAO, and USCIS.
April 7, 2026
A magistrate judge consent form was issued under D.C.COLO.LCivR 40.1 concerning direct assignment of civil actions to full-time magistrate judges. The summons was not issued because the case caption was incomplete.
April 2, 2026
On April 2, 2026, a complaint was filed against U.S. Citizenship and Immigration Services and the Department of Homeland Security (filing fee $405); the filing includes a civil cover sheet and multiple summonses, and attorney Zachary Ryan is listed as counsel for numerous plaintiffs.
April 2, 2026
The docket entry indicates the case was assigned to Magistrate Judge Susan Prose. The entry is a text-only administrative entry.