Doe #1, Jane et al v. Noem, Kristi et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WISCONSIN
JANEDOE#l,
Plaintiff
v.
KRISTI NOEM, in her official capacity as
Secretary of Homeland Security, et al,
Defendants.
HON. WILLIAM CONLEY, U.S.D.J.
Case No. 25-cv-317-wmc
STIPULATION AND DISMISSAL;
[P.:Bi0POO!!D] ORDER
It is hereby stipulated, by and between the parties, Plaintiff Jane Doe #1 and Federal
Defendants the Secretary of the U.S. Department of Homeland Security ("DHS") and Acting
Director of U.S. Immigration and Customs Enforcement ("ICE"), by and through their
undersigned counsel, as follows:
1. The Student and Exchange Visitor Information System ("SEVIS") record for Plaintiff
in this case has been set back to "active" by the Student and Exchange Visitor Program
("SEVP") within Homeland Security Investigations ("HSI") at ICE. The reactivation of the
Plaintiff's SEVIS record is retroactive to the date of its initial termination, April 8, 2025, such
that there is no gap or lapse in Plaintiff's SEVIS record. Although the event history within
Plaintiff's SEVIS record may memorialize whatever modifications are made to the SEVIS
account, the effect of this retroactive activation is as though the termination of Plaintiff's SEVIS
record did not happen. Defendant DHS provided a letter to Plaintiff and undersigned counsel
explaining that other federal agencies should treat the retroactive activation as though the
termination did not happen.
2. To the extent Plaintiff is participating in Optional Practical Training ("OPT"), or
Science, Technology, Engineering and Math ("STEM") OPT, or Curricular Practical Training
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("CPT"), any authorization end date for OPT, STEM OPT, or CPT will be reset to the end date
set forth in Plaintiff's SEVIS record before its termination.
3. ICE will not re-terminate Plaintiff's SEVIS records based on the National Crime and
Information Center ("NCIC") record that led to the initial termination. ICE maintains the
authority to terminate a SEVIS record for other reasons, such as if a student fails to maintain
their nonimmigrant status after the record is reactivated, or engages in other unlawful activity as
defined in 8 C.F.R. 214.l(g).
4. DHS has not received communication from the Department of State that Plaintiff's
visa has been revoked with immediate effect. A visa revocation effective upon departure, known
as a prudential revocation, as distinct from a visa revocation which is effective immediately, does
not establish removability under INA§ 237(a)(l)(B).
5. The termination and reactivation of Plaintiff's SEVIS record by SEVP, as set forth in
Paragraph 1 of this Stipulation, will not have a negative impact on the adjudication of any benefit
request by DHS, including United States Citizenship and Immigration Services ("USCIS"),
Customs and Border Protection ("CBP"), and/or Immigration and Customs Enforcement
("ICE"). If, while adjudicating such application or benefit request, DHS finds that an F-1
nonimmigrant's SEVIS record was terminated and then reactivated by ICE, DHS will continue
processing the benefit request according to all applicable laws, regulations, policies, and
procedures.
6. In the event USCIS issues a request for evidence, notice of intent to deny, or denial
based in whole or part on the termination and reactivation of Plaintiff's SEVIS record (as set
forth in Paragraph I of this Stipulation), counsel for Defendant agrees to cooperate with
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Plaintiff's counsel to ensure USCIS is aware of this Stipulation and its terms in connection with
its consideration or reconsideration of Plaintiff's benefits request.
7. Federal Defendants shall communicate this Stipulation to the Department of State.
8. Plaintiff shall dismiss this action with prejudice. Each party shall bear its own costs
and fees.
By: 	Isl Katherine Melloy Goettel
KATHERINE MELLOY GOETTEL
Counsel for Plaintiff
Dated: November 24, 2025
CHADWICK M. ELGERSMA
Acting United States Attorney
By: 	Isl Barbara L. Oswald
BARBARA L. OSWALD
Assistant United States Attorney
Attorneys for the Federal Defendants
Dated: November 24, 2025
H 	' 	....
UN 	S DISTRICT JUDGE
Dated: 	/ I/-;}., 1/2{) 'J5
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