C.D. Cal. certifies three classes and stays ICE's January 2025 victim-based-benefits guidance (ICWC v. Noem)

On May 20, 2026 (order filing date), Judge Andre Birotte Jr. (C.D. Cal., Immigration Center for Women and Children et al. v. Noem et al., 2:25-cv-09848-AB-AS, filed October 14, 2025) preliminarily certified three classes and granted in part a preliminary-injunction motion (Dkt. 57). The Pending Petition Class covers people with pending U visa, T visa or VAWA self-petitions whom ICE detains or seeks to detain; the Deferred Action and Stay of Removal Classes cover U/T petitioners only.

The relief is mostly not an injunction. Under 5 U.S.C. 705 the court stayed (1) ICE Policy 11005.4 (January 30, 2025), which rescinded the 2011 and 2021 victim-protective ICE policies; (2) a “De Facto Revocation Policy” of not honoring USCIS deferred action for U/T petitioners; and (3) a “Blind Removal Policy” of removing stay requesters without a prima facie determination. The court held 8 U.S.C. 1252(f)(1) barred classwide injunctive relief. Only three named plaintiffs received injunctions (re-entry for Lupe A., Carmen F. and Yessenia Ruano; no removal of the latter two without a prima facie determination). Class counsel: Center for Human Rights and Constitutional Law, Public Counsel, La Raza Centro Legal, Coalition for Humane Immigrant Rights.

Appeal: notice of appeal filed June 19, 2026 (Dkt. 61); Ninth Circuit No. 26-3961 opened June 22, 2026. The district court denied a stay pending appeal on July 27, 2026 (Dkt. 96). Ninth Circuit opening brief due November 17, 2026; answering brief December 17, 2026. District-court motion to dismiss argued and taken under submission October 9, 2026.

Context: 2026-10-14–propublica-ice-detains-immigrant-domestic-violence-victims-north-lake-michigan-kent-county-jail, which reports the May order and the appeal without naming the court.