Case 1:25-cv-03121-LLA Document 23 Filed 12/23/25
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
YOURAS ZIANKOVICH )
Plaintiff, )
vs. ) Civil Action No.
1:25-cv-03121-LLA
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, )
et al., )
Defendants. )
PLAINTIFF’S NOTICE REGARDING AUTHORITY ALREADY CITED IN THE RECORD
Plaintiff respectfully submits this brief Notice solely to assist the Court in locating authority already cited and discussed in the existing record.
In their Reply in Support of the Motion to Dismiss and Opposition to Preliminary Injunction (ECF No. 22), Federal Defendants repeatedly assert that EOIR lacked any discretion and was required to impose immediate suspension under 8 C.F.R. § 1003.103, characterizing the suspension as mandatory.
As explained in Plaintiff’s Opposition (ECF No. 19), the administrative record itself reflects disagreement within EOIR on that very premise. Plaintiff cited and quoted a dissenting opinion issued by an EOIR adjudicator in Plaintiff’s disciplinary proceedings, which expressly rejected the notion that immediate suspension was required and reflected a contrary interpretation of the applicable regulations. See ECF No. 19 at page 14 citing ECF No. 1-1 at page 59.
Plaintiff further notes that while Federal Defendants rely on descriptions of the administrative proceedings to support their characterization of EOIR’s action as mandatory, they have declined to certify or produce the administrative record at this stage. Plaintiff does not request record review through this Notice, but observes
that the cited dissent–already discussed in Plaintiff’s Opposition–appears in the very administrative proceedings on which Defendants rely.
Plaintiff submits this Notice for the limited purpose of directing the Court to authority already in the record and does not seek to raise new arguments or materials.
Dated in Baytown, Texas this 23rd day of December 2025.