Civil Rights Litigation Clearinghouse

Case: Darweesh v. Trump

1:17-cv-00480 | U.S. District Court for the Eastern District of New York

Filed Date: Jan. 28, 2017

Closed Date: Sept. 21, 2017

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Case Summary

This lawsuit challenged President Trump’s January 27, 2017 Executive Order (EO-1) barring admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Somalia, Sudan, Syria, and Yemen. The plaintiffs–visa holders who were detained at JFK airport and threatened with deportation pursuant to EO-1–filed a petition for a writ of habeas corpus and a civil complaint in District Court for the Eastern District of New York on January 28, 2017. Simultaneously, the plaintiffs filed a motion to certify a class of "all individuals with refugee applications approved by U.S. Citizenship and Immigration Services as part of the U.S. Refugee Admissions Program, holders of valid immigrant and non-immigrant visas, and other individuals from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen legally authorized to enter the United States, but who have been or will be denied entry to the United States on the basis of the January 27, 2017 Executive Order." Represented by the ACLU and other public interest counsel, the plaintiffs argued that their continued detention based solely on EO-1 violated their Fifth Amendment substantive and procedural due process rights and the Immigration and Nationality Act and that the Order unconstitutionally discriminated against Muslims . The case was initially assigned to Judge Ann Donnelly on an emergency basis.

On the day the lawsuit was filed, the court heard an emergency motion to stay all removals that would be carried out pursuant to EO-1. At this hearing, the court granted a nationwide stay of removals to all members of the class and required the defendants to provide a list of all individuals detained as a result of the Order.

The next day, on January 29, 2017, the plaintiffs filed a motion asking the Court to "immediately clarify that its Jan. 28th Order is nationwide and order Respondents to enforce the stay of removal." They explained that they had received information that members of the class in other states continued to be deported. Later that day, the plaintiffs filed a notice that the defendants had "acknowledge[d] that the Order does in fact apply nationwide." The notice explained, "Petitioners continue to monitor reports of noncompliance and are working with Respondents’ counsel to attempt to resolve them. Petitioners will update the Court as to any issues of noncompliance should further clarification or enforcement be necessary."

The case was permanently assigned to Judge Carol Bagley Amon on January 30. On February 2, Judge Amon extended the TRO to February 21, 2017 for good cause shown.

On February 6, the government filed a notice of supplemental authority that noted a February 3 letter written by the Deputy Assistant Secretary for Visa Services at the Department of State. The letter reversed the provisional revocation of all visas previously issued by the Deputy Assistant Secretary.

The next day, the plaintiffs asked the court to enforce its January 28, 2017 order directing the government to provide the plaintiffs' counsel with a list of all individuals detained pursuant to EO-1 (including individuals previously released or removed).

The government filed a motion to dismiss for lack of subject-matter jurisdiction and failure to state a claim on February 8. The defendants' motion also opposed the plaintiffs' motion for a preliminary injunction. After the parties requested an expedited hearing on the stay motion and the motion to dismiss, because the government would not consent to an extension of the stay beyond February 21, the court agreed to hold a hearing on February 21, 2017.

From February 13-16, 2017, numerous prominent organizations filed amicus briefs. On February 16, 167 members of Congress filed an amicus brief arguing, among other things, that EO-1 was irreconcilable with Congress's clearly expressed intent in the Immigration and Nationality Act.

On February 16, the plaintiffs filed a response in opposition to the government's motion to dismiss the preliminary injunction. The plaintiffs argued that, though the named plaintiffs had been admitted to the U.S., the case was not moot because: 1) the relief that the named plaintiffs received represented only a voluntary cessation of the challenged policy; 2) the case's class claims were inherently transitory; and 3) there were still individuals who, pursuant to the EO, had been unconstitutionally denied entry or admission into the US.

In the meantime, in Washington & Minnesota v. Trump, in the Western District of Washington and then the Ninth Circuit, EO-1 had also been enjoined, and a stay of the preliminary injunction was denied on February 9, 2017. On February 16, the Trump administration announced that rather than continuing to litigate EO-1’s lawfulness, it would soon rescind the Order and replace it with a revised version.

The parties in this case therefore jointly requested on February 17, 2017, that the court stay proceedings related to the petitioners' motion for a preliminary injunction and the government's motion to dismiss. The parties also requested that the court cancel the February 21, 2017, hearing that was to be set on these motions. The court granted the parties' joint motion, and further determined that the injunction issued in Washington provided sufficient protection so as to not require that the January 28, 2017 injunction be extended beyond February 21, 2017. However, had the Washington injunction been vacated while EO-1 was in effect, the January 28, 2017, injunction would have been reinstated and the court would have scheduled a prompt hearing on extending the January 28, 2017, injunction.

On February 21, 2017, the court granted the plaintiffs' February 7 motion in part. The court read the January 28 Order as requiring defendants "to provide a single list of putative class members being held pursuant to the EO at any time from the signing of the order and for a reasonable period thereafter, which would include through the following day." The court also interpreted the order’s use of "the term 'detained' "to be in the everyday sense, meaning those being held for questioning pursuant to the terms of the EO, as distinguished from individuals formally placed in removal proceedings." Accordingly, the court ordered defendants to, by February 23, 2017, provide plaintiffs with a list of all individuals with approved refugee applications, valid immigrant and nonimmigrant visas, or other legal authorization to enter the United States, from the seven banned countries, who were held, including being processed, by CBP pursuant to EO-1 from Jan. 28, 2017, at 9:37pm (when the court ordered defendants to produce the list) through Jan. 29, 2017, at 11:59pm.

The government filed two status reports on February 23, 2017. The first status report informed the court that the government had prepared the list as ordered by the court on February 21 and that the parties were working through the last-minute terms of a protective order. The second status report informed the court that the parties had agreed to a protective order covering the list of names of all individuals processed at any time from 9:27 PM on January 28 to 11:59 PM on January 29 pursuant to EO-1, including those previously released or removed, and that the government had provided the list to the plaintiffs. That same day, the parties filed a joint motion for an order protecting the confidentiality of the individuals named in the list, which the court granted.

The parties appeared for oral argument on February 24, 2017. During oral argument, the government stated that it would inform the petitioners as to which individuals on the above list were ultimately admitted into the country. The plaintiffs stated that they would provide the government with the names of individuals who they believed were not included on the list, but who should have been, so that the government may investigate accordingly.

On March 6, 2017, the President rescinded EO-1 and replaced it with a narrower one, Executive Order 13780 (EO-2). The defendants notified the court that EO-1 had been rescinded and replaced with EO-2. The defendants argued that EO-2 differed substantially from EO-1 and thus would not be affected by the court’s TRO. Specifically, defendants noted that the new EO did not ban Iraqi nationals. Defendants stated that they would, as previously agreed, file a proposed joint scheduling order by March 13.

On March 13, 2017, the parties filed a letter indicating that they were in settlement discussions and requesting a stay. The court granted repeated stays for two or three weeks at a time. On May 1, the parties informed the court that they were unable to reach a settlement, and proceedings continued.

The court held a settlement conference on August 28, 2017, and a follow-up telephone conference the next day. The parties stated that they had reached a settlement in principle. On September 1, 2017, the parties filed the settlement agreement and stipulation of dismissal.

According to the settlement agreement, defendants would, within 14 days, notify all persons barred from entering the country under EO-1 who were still outside the U.S. that they could re-apply for a visa. The letter would include a list of free legal services providers. The parties agreed that no applicants would be automatically entitled to a visa just by re-applying. After notifying all qualifying people, defendants would inform plaintiffs of their compliance, and plaintiffs would then file a stipulated dismissal of all claims, relief, damages, and jurisdiction for this matter.

The docket reflects that the court closed this case on Sept. 21, 2017.

Additional information may be available at the ACLU or the Yale Law School Clinic pages for this case.

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Summary Authors

Virginia Weeks (1/30/2017)

Julie Aust (2/24/2017)

Ava Morgenstern (9/22/2017)

Jamie Kessler (2/21/2017)

Eva Richardson (5/15/2019)

Evan Gamza (5/21/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4576731/parties/darweesh-v-trump/

Judge(s)

Amon, Carol Bagley (New York)

Bloom, Lois S. (New York)

Donnelly, Ann Marie (New York)

Attorneys(s) for Plaintiff

Ahmad, Muneer I. (Connecticut)

Cox, Justin Bryan (Georgia)

Das, Alina (New York)

Dewar, Elizabeth N. (Massachusetts)

Doss, Mark (New York)

Espiritu, Nicholas David (California)

Gelernt, Lee (New York)

Judge(s)

Amon, Carol Bagley (New York)

Bloom, Lois S. (New York)

Donnelly, Ann Marie (New York)

Attorneys(s) for Plaintiff

Ahmad, Muneer I. (Connecticut)

Cox, Justin Bryan (Georgia)

Das, Alina (New York)

Dewar, Elizabeth N. (Massachusetts)

Doss, Mark (New York)

Espiritu, Nicholas David (California)

Gelernt, Lee (New York)

Hausman, David (New York)

Healey, Maura T. (Massachusetts)

Heller, Rebecca (New York)

Jadwat, Omar C. (New York)

Keaney, Melissa S. (California)

Kornfeld, Julie (New York)

Lichtman, Jason Louis (New York)

Madigan, Lisa (Illinois)

Mukherjee, Elora (New York)

Nadeau, Genevieve (Massachusetts)

Newell, Jennifer Chang (California)

Orihuela, Marisol (California)

Poellot, Stephen (New York)

Polonsky, Jonathan (New York)

Segura, Andre Ivan (New York)

Selbin, Jonathan D. (California)

Sung, Esther (California)

Tumlin, Karen C. (California)

Wang, Cecillia D (California)

Wishnie, Michael J. (Connecticut)

Wofsy, Cody H. (California)

Attorneys(s) for Defendant

Capers, Robert L. (New York)

Dunn, Scott (New York)

Go, Samuel P. (District of Columbia)

Peachey, William Charles (District of Columbia)

Platt, Steven (District of Columbia)

Press, Joshua S. (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Reuveni, Erez (District of Columbia)

Riley, Susan (New York)

Westwater, Gisela Ann (District of Columbia)

Other Attorney(s)

Aguiar, Lauren E. (New York)

Aikman, Amanda (New York)

Ali, Amir H. (District of Columbia)

Alkhatib, Shifa (Arizona)

Amend, Andrew W. (New York)

Anker, Deborah E (Massachusetts)

Ardalan, Sabrineh (Massachusetts)

Attie, Jessica (New York)

Bailey, Brandon W. (New York)

Ball, Timothy A. (New York)

Barajas, Lakendra (New York)

Bennett, Jennifer (California)

Bershteyn, Boris (New York)

Bi, Kathryn (California)

Bland, F. Paul Jr. (District of Columbia)

Boyce, Sarah G. (District of Columbia)

Brescia, Raymond H. (New York)

Brian, Brad D. (California)

Brinckerhoff, Matthew D. (New York)

Brisco, Cristal (Indiana)

Carrera, John Willshire (Massachusetts)

Carter, Zachary W. (New York)

Cecil, Trishka W. (New Jersey)

Champion, Anne Marie (New York)

Chaudhry, Zainab (New York)

Cohen, Mark S. (New York)

Colyer, Jennifer L. (New York)

Cooper, Jon (Tennessee)

Curran, Brian F. (New York)

Curti, Michael V. (New York)

Cushing, Matthew R. (New York)

Dana, Jeffery (Rhode Island)

Dasgupta, Anisha (New York)

Deabler, Justin (New York)

Dearing, Richard (New York)

Decter, Caren (New York)

Denson, Walter D. (New Jersey)

Dermody, Kelly M. (California)

Doyen, Michael R. (California)

Fahey, Joseph E. (New York)

Falotico, Carl G. (New York)

Farrell, Jeremy (New Jersey)

Feder, Meir (District of Columbia)

Fellmeth, Aaron (Arizona)

Feuer, Michael (California)

Fields, Breanna E. (New York)

Fram, Robert D. (California)

Franklin, David (Illinois)

Freeman, Steven M. (New York)

Freiman, Jonathan Marc (Connecticut)

Gans, David H. (District of Columbia)

Garlick, Melissa (New York)

Golder, Chad (District of Columbia)

Goldman, Jeremy Seth (New York)

Gorod, Brianne J. (District of Columbia)

Grayner, Alexandra (California)

Greenberg, Susan P. (New York)

Guy, Andrew (District of Columbia)

Hafetz, Jonathan L. (New York)

Haker, Oliver Scott (New York)

Harris, John Barney (New York)

Harrow, Jason (District of Columbia)

Herman, G. [Nick] Nicholas (North Carolina)

Herrera, Dennis J. (California)

Holmes, Peter S. (Washington)

Jenkins, Michael (California)

Jestin, Katya T. (New York)

Johnson, Robert Alan (New York)

Karanjia, Peter (District of Columbia)

Kaufman, Andrew R. (Tennessee)

Kelly, Nancy (Massachusetts)

Khan, Sania (New York)

Koh, Harold H. (Connecticut)

Kovner, Victor A. (New York)

Ladov, Mark (New York)

Lamy, Michelle A. (California)

Landsman-Roos, Lily (New York)

Larkin, Jocelyn Dion (California)

Lavine, Aaron Olshina (New York)

Lawrence, Joseph (California)

Lefkowitz, Jacob G. (New York)

Lieberman, Michael (New York)

Lopyan, Rayna (New York)

Lorge, Michael M. (Illinois)

Markman, Ligia M. (District of Columbia)

May, Michael P. (Wisconsin)

McGhee, Davida (New York)

Metcalf, Hope R. (Connecticut)

Miller, Jonathan B. (Massachusetts)

Minchello, David L. (New Jersey)

Moore, Catherine (Maryland)

Morawetz, Nancy (New York)

Morgan, Maggie (Massachusetts)

Nako, Lindsay Elizabeth (California)

Neuborne, Burt (New York)

Oddo, Andrew P. (New Jersey)

Park, Kathy Chang (New York)

Parker, Barbara J (California)

Phillips, Clarence William (New York)

Platton, Claude Solomon (New York)

Pollock, Adam (New York)

Reeve, Tracy (Oregon)

Resnik, Judith (Connecticut)

Rosado, Lourdes M. (Pennsylvania)

Rose, Collin A. (New York)

Roseman, Daniella (New York)

Rosen, Elizabeth C. (New York)

Ross, Erica L. (District of Columbia)

Salahi, Yaman (California)

Salzman, Zoe Antonia (New York)

Samant, Anjana (New York)

Saylor, Elizabeth Sykes (New York)

Schneiderman, Eric T. (New York)

Segal, Susan L. (Minnesota)

Seltz, Daniel E. (New York)

Siskel, Edward N. (Illinois)

Smith, Jessica (New York)

Solomon, Naomi S. (New York)

Stampone, Domenick (New Jersey)

Syed, Sofia (New York)

Tabak, Daniel Hershel (New York)

Thomas, Gregory L. (Indiana)

Tilak, Karun A. (District of Columbia)

Torrey, Philip L. (Massachusetts)

Townsend, Tahlia (Connecticut)

Tulante, Sozi Pedro (Pennsylvania)

Vicari, Angela Rosalee (New York)

Wallance, Gregory J. (New York)

Ware, Anton (California)

Waters, Meghan (Colorado)

Weisel, Jessica M. (California)

Woan, Tansy (New York)

Wright, Francis X. (Maryland)

Wydra, Elizabeth B. (District of Columbia)

Zoppo, Michael Theodore (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER]	Sept. 21, 2017	Docket
6	Emergency Motion for Stay of Removal	Jan. 28, 2017	Pleading / Motion / Brief
6-1	Memorandum of Law in Support of EMERGENCY Motion for Stay of Removal	Jan. 28, 2017	Pleading / Motion / Brief
8	Decision and Order 2017 WL 388504	Jan. 28, 2017	Order/Opinion
17	Transcript of Civil Cause for Emergency Motion for Stay of Removal	Jan. 28, 2017	Transcript
1	Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief	Jan. 28, 2017	Complaint
4	Petitioners' Motion for Class Certification or Representative Habeas Action	Jan. 28, 2017	Pleading / Motion / Brief
14	Emergency Motion for Declaratory Relief to Clarify the Applicability of the Order Dated Jan. 28, 2017 to Incoming Lawful Permanent Resident and Member of Petitioner Class Maryam Mikaniki	Jan. 29, 2017	Pleading / Motion / Brief
9	Emergency Motion for Clarification and Enforcement of Order	Jan. 29, 2017	Pleading / Motion / Brief
10	Notice Regarding Petitioners' Emergency Motion for Clarification and Enforcement of Order	Jan. 29, 2017	Pleading / Motion / Brief

Resources

Title	Description		External URL
Darweesh et al. v. Trump et al Yale Law School Worker and Immigrant Rights Advocacy Clinic	This is a documents and information page maintained by the Yale Law School clinic, which is litigating Darweesh v. Trump.	Jan. 29, 2017	https://www.law.yale.edu/studying-law-yale/clinical-and-experiential-learning/our-clinics/worker-and-immigrant-rights-advocacy-clinic/darweesh-et-al-v-trump-et-al
Darweesh v. Trump American Civil Liberties Union	This case challenges President Trump’s Muslim ban. The lead plaintiffs have been detained by the U.S. government and threatened with deportation even though they have valid visas to enter the United …	Feb. 17, 2017	https://www.aclu.org/cases/darweesh-v-trump
Non-Discrimination in Refugee and Asylum Law (against Travel Ban 1.0 and 2.0) Eunice Lee	This article explores the tension between Executive Orders No. 13,769 and No. 13,780—colloquially known as “travel ban” 1.0 and 2.0—and the deep non-discrimination norms in refugee and asylum law. I …	April 1, 2017	https://poseidon01.ssrn.com/delivery.php?ID=85200200211200609807310402108511307112104602207202806301809802810909501906712411309600101205709701711202609100202406406711803102100101002604402401909000607608309602903807302210501109002102310406411011709109

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4576731/darweesh-v-trump/

Last updated May 11, 2022, 8 p.m.

ECF Number	Description	Date	Link
	Motion Hearing	Jan. 28, 2017	PACER
	Order	Jan. 28, 2017	PACER
1	COMPLAINT against Donald J Trump Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by HAMEED KHALID DARWEESH, HAIDER SAMEER ABDULKHALEQ ALSHAWI. (Wishnie, Michael) (Additional attachment(s) added on 1/30/2017: # 1 Civil Cover Sheet) (Marziliano, August). (Entered: 01/28/2017) 1 Civil Cover Sheet View on PACER	Jan. 28, 2017	RECAP
2	NOTICE by HAIDER SAMEER ABDULKHALEQ ALSHAWI re 1 Complaint (Wishnie, Michael) (Entered: 01/28/2017)	Jan. 28, 2017	RECAP
3	NOTICE by HAIDER SAMEER ABDULKHALEQ ALSHAWI re 1 Complaint (Wishnie, Michael) (Entered: 01/28/2017)	Jan. 28, 2017	RECAP
4	MOTION to Certify Class by HAMEED KHALID DARWEESH. (Wishnie, Michael) (Entered: 01/28/2017)	Jan. 28, 2017	RECAP
5	CERTIFICATE OF SERVICE by HAIDER SAMEER ABDULKHALEQ ALSHAWI, HAMEED KHALID DARWEESH re 4 MOTION to Certify Class (Wishnie, Michael) (Entered: 01/28/2017)	Jan. 28, 2017	RECAP
6	Emergency MOTION to Stay Removal by HAIDER SAMEER ABDULKHALEQ ALSHAWI, HAMEED KHALID DARWEESH. (Attachments: # 1 Memorandum in Support) (Wishnie, Michael) (Entered: 01/28/2017) 1 Memorandum in Support View on RECAP	Jan. 28, 2017	RECAP
7	NOTICE of Appearance by Lee Gelernt on behalf of All Plaintiffs (aty to be noticed) (Gelernt, Lee) (Entered: 01/28/2017)	Jan. 28, 2017	RECAP
8	ORDER granting 6 Motion to Stay. For the reasons stated on the record, and as set out in the attached Order, the Motion to Stay is granted. Ordered by Judge Ann M Donnelly on 1/28/2017. (J.M.G.) (Entered: 01/28/2017)	Jan. 28, 2017	RECAP
	Order	Jan. 29, 2017	PACER
9	NOTICE by HAIDER SAMEER ABDULKHALEQ ALSHAWI, HAMEED KHALID DARWEESH re 8 Order on Motion to Stay, Emergency Motion for Clarification and Enforcement of Order (Wishnie, Michael) (Entered: 01/29/2017)	Jan. 29, 2017	PACER
10	NOTICE by HAIDER SAMEER ABDULKHALEQ ALSHAWI, HAMEED KHALID DARWEESH re 9 Notice(Other) Re. Emergency Motion for Clarification and to Enforce (Wishnie, Michael) (Entered: 01/29/2017)	Jan. 29, 2017	PACER
11	NOTICE of Appearance by Steven Platt on behalf of Donald J Trump (aty to be noticed) (Platt, Steven) (Entered: 01/29/2017)	Jan. 29, 2017	PACER
12	NOTICE of Appearance by Jennifer L. Colyer on behalf of Maryam Mikaniki (aty to be noticed) (Colyer, Jennifer) (Entered: 01/29/2017)	Jan. 29, 2017	PACER
13	Emergency MOTION to Amend/Correct/Supplement 8 Order on Motion to Stay to confirm that class member Maryam Mikaniki is subject to the Court's January 28, 2017 Order by Maryam Mikaniki. (Colyer, Jennifer) (Entered: 01/29/2017)	Jan. 29, 2017	PACER
14	MEMORANDUM in Support re 13 Emergency MOTION to Amend/Correct/Supplement 8 Order on Motion to Stay to confirm that class member Maryam Mikaniki is subject to the Court's January 28, 2017 Order filed by Maryam Mikaniki. (Attachments: # 1 Proposed Order) (Colyer, Jennifer) (Entered: 01/29/2017)	Jan. 29, 2017	PACER
15	NOTICE of Appearance by Elora Mukherjee on behalf of All Plaintiffs (aty to be noticed) (Mukherjee, Elora) (Entered: 01/29/2017)	Jan. 29, 2017	PACER
	Case Assigned/Reassigned	Jan. 30, 2017	PACER
	Notice to Pay Civil Filing Fee	Jan. 30, 2017	PACER
	Civil Case Filing Fee	Jan. 30, 2017	PACER
16	Letter to Judges Donnelly and Amon as directed by Minute Order of January 29, 2017 by Maryam Mikaniki (Colyer, Jennifer) (Entered: 01/30/2017)	Jan. 30, 2017	RECAP
17	TRANSCRIPT of Proceedings held on January 28, 2017, before Judge Donnelly. Court Transcriber: Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/20/2017. Redacted Transcript Deadline set for 3/2/2017. Release of Transcript Restriction set for 5/1/2017. (Rocco, Christine) (Entered: 01/30/2017)	Jan. 30, 2017	PACER
18	NOTICE of Appearance by Cecillia Derphine Wang on behalf of Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh (aty to be noticed) (Wang, Cecillia) (Main Document 18 replaced on 1/31/2017) (Fagan, Linda). (Fagan, Linda). (Entered: 01/30/2017)	Jan. 30, 2017	PACER
19	NOTICE of Appearance by Jonathan E. Polonsky on behalf of Hameed Khalid Darweesh (aty to be noticed) (Polonsky, Jonathan) (Entered: 01/31/2017)	Jan. 31, 2017	PACER
20	NOTICE by John Kelly, Jamea T. Madden, Kevin K. McAleenan, Donald J Trump, U.S. Customs and Border Protection ("CBP"), U.S. Department of Homeland Security ("DHS") of Supplemental Authority (Attachments: # 1 Exhibit Department of State Letter) (Platt, Steven) (Entered: 01/31/2017) 1 Exhibit Department of State Letter View on PACER	Jan. 31, 2017	RECAP
21	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9253158. by Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Certificate of Service) (Wofsy, Cody) (Entered: 01/31/2017) 1 Affidavit View on PACER 2 Certificate of Good Standing View on PACER 3 Certificate of Service View on PACER	Jan. 31, 2017	PACER
22	MOTION for Leave to Appear Pro Hac Vice on behalf of Karen C. Tumlin Filing fee $ 150, receipt number 0207-9253319. by Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh. (Attachments: # 1 Affidavit in Support, # 2 Certificate of Good Standing) (Tumlin, Karen) (Entered: 01/31/2017) 1 Affidavit in Support View on RECAP 2 Certificate of Good Standing View on PACER	Jan. 31, 2017	RECAP
23	MOTION for Leave to Appear Pro Hac Vice on behalf of Nicholas Espiritu Filing fee $ 150, receipt number 0207-9253334. by Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh. (Attachments: # 1 Affidavit in Support, # 2 Certificate of Good Standing) (Espiritu, Nicholas) (Entered: 01/31/2017) 1 Affidavit in Support View on PACER 2 Certificate of Good Standing View on PACER	Jan. 31, 2017	PACER
24	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9253354. by Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh. (Attachments: # 1 Affidavit, # 2 Certificate of Standing, # 3 Certificate of Service) (Newell, Jennifer) (Entered: 01/31/2017) 1 Affidavit View on PACER 2 Certificate of Standing View on PACER 3 Certificate of Service View on PACER	Jan. 31, 2017	PACER
	Scheduling Order	Feb. 1, 2017	PACER
25	ORDER granting 21 Motion for Leave to Appear Pro Hac Vice for Cody Wofsy, Esq. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office.. Ordered by Judge Carol Bagley Amon on 2/1/2017. (Fernandez, Erica) (Entered: 02/01/2017)	Feb. 1, 2017	PACER
26	ORDER granting 22 Motion for Leave to Appear Pro Hac Vice for Karen C. Tumlin Esq. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Judge Carol Bagley Amon on 2/1/2017. (Fernandez, Erica) (Entered: 02/01/2017)	Feb. 1, 2017	RECAP
27	ORDER granting 23 Motion for Leave to Appear Pro Hac Vice for Nicholas Espiritu, Esq. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Judge Carol Bagley Amon on 2/1/2017. (Fernandez, Erica) (Entered: 02/01/2017)	Feb. 1, 2017	PACER
28	ORDER granting 24 Motion for Leave to Appear Pro Hac Vice for Jennifer C. Newell, Esq. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Judge Carol Bagley Amon on 2/1/2017. (Fernandez, Erica) (Entered: 02/01/2017)	Feb. 1, 2017	PACER
29	NOTICE of Appearance by Cody Wofsy on behalf of Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh (notification declined or already on case) (Wofsy, Cody) (Entered: 02/01/2017)	Feb. 1, 2017	PACER
30	NOTICE of Appearance by Jennifer C. Newell on behalf of Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh (notification declined or already on case) (Newell, Jennifer) (Entered: 02/01/2017)	Feb. 1, 2017	PACER
31	NOTICE of Appearance by Karen C. Tumlin on behalf of Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh (notification declined or already on case) (Tumlin, Karen) (Entered: 02/01/2017)	Feb. 1, 2017	PACER
32	NOTICE of Appearance by Nicholas Espiritu on behalf of Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh (notification declined or already on case) (Espiritu, Nicholas) (Entered: 02/01/2017)	Feb. 1, 2017	PACER
33	MOTION for Leave to File Amicus Brief by Anti-Defamation League. (Harris, John) (Entered: 02/01/2017)	Feb. 1, 2017	PACER
34	MOTION for Leave to Appear Pro Hac Vice on behalf of Melissa Keaney Filing fee $ 150, receipt number 0207-9257163. by Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh. (Attachments: # 1 Affidavit in Support, # 2 Certificate of Good Standing) (Keaney, Melissa) (Entered: 02/01/2017) 1 Affidavit in Support View on PACER 2 Certificate of Good Standing View on PACER	Feb. 1, 2017	PACER
35	NOTICE of Appearance by Samuel P. Go on behalf of All Defendants (aty to be noticed) (Go, Samuel) (Entered: 02/01/2017)	Feb. 1, 2017	PACER
36	NOTICE by John Kelly, Jamea T. Madden, Kevin K. McAleenan, Donald J Trump, U.S. Customs and Border Protection ("CBP"), U.S. Department of Homeland Security ("DHS") of Supplemental Authority (Attachments: # 1 Memorandum from White House Counsel) (Go, Samuel) (Entered: 02/01/2017) 1 Memorandum from White House Counsel View on RECAP	Feb. 1, 2017	RECAP
	Status Conference	Feb. 2, 2017	PACER
37	NOTICE of Appearance by Sania Waheed Khan on behalf of The New York State Office of the Attorney General (aty to be noticed) (Khan, Sania) (Entered: 02/02/2017)	Feb. 2, 2017	PACER
38	NOTICE by The New York State Office of the Attorney General of Motion to Intervene (Khan, Sania) (Entered: 02/02/2017)	Feb. 2, 2017	PACER
39	Fully Briefed MOTION to Intervene by The New York State Office of the Attorney General. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Khan, Sania) (Entered: 02/02/2017) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Feb. 2, 2017	RECAP
40	Letter to Court Enclosing Courtesy Copies by The New York State Office of the Attorney General (Khan, Sania) (Entered: 02/02/2017)	Feb. 2, 2017	RECAP
41	Letter to Court Regarding Corrected Copies of Memorandum of Law by The New York State Office of the Attorney General (Khan, Sania) (Entered: 02/02/2017)	Feb. 2, 2017	RECAP
42	MOTION to Intervene Corrected Memorandum of Law and Attached Exhibits by The New York State Office of the Attorney General. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Khan, Sania) (Entered: 02/02/2017) 1 Exhibit A View on RECAP 2 Exhibit B View on PACER	Feb. 2, 2017	RECAP
57	MOTION to Intervene in Support of President Donald J. Trump et. al. by Janice Wolk Grenadier. (Fernandez, Erica) (Entered: 02/08/2017)	Feb. 2, 2017	RECAP
58	MOTION to Intervene in Support of President Donald J. Trump et al by Raquel Okyay. (Fernandez, Erica) (Entered: 02/08/2017)	Feb. 2, 2017	RECAP
	Order on Motion for Leave to File	Feb. 3, 2017	PACER
43	REDACTION to 14 Memorandum in Support, (Substituted, Redacted version filed per the direction of the Court at hearing on February 2, 2017) by Maryam Mikaniki (Attachments: # 1 Proposed Order) (Colyer, Jennifer) (Entered: 02/03/2017) 1 Proposed Order View on RECAP	Feb. 3, 2017	RECAP
44	NOTICE by Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh of Withdrawal of Request To File Redacted Petition (Wang, Cecillia) (Entered: 02/03/2017)	Feb. 3, 2017	RECAP
45	CERTIFICATE OF SERVICE by The New York State Office of the Attorney General re 39 Fully Briefed MOTION to Intervene, 40 Letter, 38 Notice(Other) (Khan, Sania) (Entered: 02/06/2017)	Feb. 6, 2017	PACER
46	Letter to U.S. Department of Justice re: Corrected Motion to Intervene by The New York State Office of the Attorney General (Khan, Sania) (Entered: 02/06/2017)	Feb. 6, 2017	RECAP
47	Letter to Plaintiffs re: Corrected Motion to Intervene by The New York State Office of the Attorney General (Khan, Sania) (Entered: 02/06/2017)	Feb. 6, 2017	RECAP
48	CERTIFICATE OF SERVICE by The New York State Office of the Attorney General re 41 Letter, 46 Letter, 47 Letter, 42 MOTION to Intervene Corrected Memorandum of Law and Attached Exhibits (Khan, Sania) (Entered: 02/06/2017)	Feb. 6, 2017	RECAP
49	Letter to United States Department of Justice re: Corrected Motion to Intervene (replacing ECF No. 46) by The New York State Office of the Attorney General (Khan, Sania) (Entered: 02/06/2017)	Feb. 6, 2017	RECAP
50	NOTICE by John Kelly, Jamea T. Madden, Kevin K. McAleenan, Donald J Trump, U.S. Customs and Border Protection ("CBP"), U.S. Department of Homeland Security ("DHS") of Supplemental Authority (Attachments: # 1 Exhibit Department of State Letter) (Platt, Steven) (Entered: 02/06/2017) 1 Exhibit Department of State Letter View on RECAP	Feb. 6, 2017	RECAP
51	Letter MOTION for Leave to File Amicus Brief by Interested Party. (Vicari, Angela) (Entered: 02/06/2017)	Feb. 6, 2017	RECAP
	Order on Motion for Leave to File	Feb. 7, 2017	PACER
52	NOTICE by Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh re 8 Order on Motion to Stay re Motion to Enforce (Attachments: # 1 Memorandum in Support of Motion to Enforce, # 2 Proposed Order, # 3 Declaration of My Khanh Ngo (Part I), # 4 Declaration of My Khanh Ngo (Part II), # 5 Declaration of Sara Yarjani, # 6 Declaration of Ramez Snober, # 7 Declaration of Suha Amin Abdullah Abushamma, # 8 Declaration of Hind Elbashir, # 9 Declaration of Rashid Ahmed Gibril Ali, # 10 Declaration of Yahya Aburomman, # 11 Declaration of Nabila Alhaffar, # 12 Declaration of Manar) (Wishnie, Michael) (Entered: 02/07/2017) 1 Memorandum in Support of Motion to Enforce View on RECAP 2 Proposed Order View on PACER 3 Declaration of My Khanh Ngo (Part I) View on PACER 4 Declaration of My Khanh Ngo (Part II) View on PACER 5 Declaration of Sara Yarjani View on PACER 6 Declaration of Ramez Snober View on PACER 7 Declaration of Suha Amin Abdullah Abushamma View on PACER 8 Declaration of Hind Elbashir View on PACER 9 Declaration of Rashid Ahmed Gibril Ali View on PACER 10 Declaration of Yahya Aburomman View on PACER 11 Declaration of Nabila Alhaffar View on PACER 12 Declaration of Manar View on PACER	Feb. 7, 2017	RECAP
53	MOTION to Compel and Enforce Court Order by Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh. (Attachments: # 1 Memorandum in Support of Motion to Enforce, # 2 Proposed Order, # 3 Declaration of My Khanh Ngo (Part I), # 4 Declaration of My Khanh Ngo (Part II), # 5 Declaration of Sara Yarjani, # 6 Declaration of Ramez Snober, # 7 Declaration of Suha Amin Abdullah Abushamma, # 8 Declaration of Hind Elbashir, # 9 Declaration of Rashid Ahmed Gibril Ali, # 10 Declaration of Yahya Aburomman, # 11 Declaration of Nabila Alhaffar, # 12 Declaration of Manar) (Wishnie, Michael) (Entered: 02/07/2017) 1 Memorandum in Support of Motion to Enforce View on RECAP 2 Proposed Order View on RECAP 3 Declaration of My Khanh Ngo (Part I) View on RECAP 4 Declaration of My Khanh Ngo (Part II) View on RECAP 5 Declaration of Sara Yarjani View on RECAP 6 Declaration of Ramez Snober View on RECAP 7 Declaration of Suha Amin Abdullah Abushamma View on RECAP 8 Declaration of Hind Elbashir View on RECAP 9 Declaration of Rashid Ahmed Gibril Ali View on RECAP 10 Declaration of Yahya Aburomman View on RECAP 11 Declaration of Nabila Alhaffar View on RECAP 12 Declaration of Manar View on RECAP	Feb. 7, 2017	RECAP
54	Letter to Court Regarding Corrected Filing of Motion to Enforce by Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh (Attachments: # 1 Certificate of Service) (Wishnie, Michael) (Entered: 02/07/2017) 1 Certificate of Service View on PACER	Feb. 7, 2017	RECAP
55	MOTION for Leave to File Law Student Appearances by Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh. (Attachments: # 1 Law Student Intern Appearances Form) (Wishnie, Michael) (Entered: 02/08/2017) 1 Law Student Intern Appearances Form View on PACER	Feb. 8, 2017	PACER
56	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 2, 2017, before Judge Carol B. Amon. Court Reporter/Transcriber Linda Danelczyk, Telephone number 718-613-2330. Email address: Linda_Danelczyk@nyed.uscourts.gov. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/1/2017. Redacted Transcript Deadline set for 3/13/2017. Release of Transcript Restriction set for 5/9/2017. (Danelczyk, Linda) (Entered: 02/08/2017)	Feb. 8, 2017	PACER
59	NOTICE of Appearance by Omar C. Jadwat on behalf of All Plaintiffs (aty to be noticed) (Jadwat, Omar) (Entered: 02/08/2017)	Feb. 8, 2017	PACER
60	ORDER re 53 Motion to Compel and Enforce Court Order by Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh. (Entered: 02/08/2017)	Feb. 8, 2017	RECAP
61	Letter Re. Briefing Schedule by Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh (Wishnie, Michael) (Entered: 02/08/2017)	Feb. 8, 2017	RECAP
	Set Hearings	Feb. 9, 2017	PACER
62	ORDER denying 57 Motion to Intervene: The Court accordingly denies Grenadier's motion to intervene in full. Ordered by Judge Carol Bagley Amon on 2/8/2017. (Fernandez, Erica) (Entered: 02/09/2017)	Feb. 9, 2017	RECAP
63	ORDER denying 58 Motion to Intervene: The Court accordingly denies Okyay's motion to intervene in full. Ordered by Judge Carol Bagley Amon on 2/8/2017. (Fernandez, Erica) (Entered: 02/09/2017)	Feb. 9, 2017	RECAP
64	MOTION for Leave to File Amicus Brief by Vets for American Ideals, No One Left Behind, Common Defense. (Salzman, Zoe) (Entered: 02/09/2017)	Feb. 9, 2017	RECAP
65	Letter Motion for Leave to File Amicus Brief by Harvard Immigration and Refugee Clinical Program (Bershteyn, Boris) (Entered: 02/09/2017)	Feb. 9, 2017	RECAP
	Order on Motion for Leave to File	Feb. 10, 2017	PACER
66	MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 2/16/2017), Motion to Dismiss for Failure to State a Claim and Opposition to Petitioners' Motion for a Preliminary Injunction by John Kelly, Jamea T. Madden, Kevin K. McAleenan, Donald J Trump, U.S. Customs and Border Protection ("CBP"), U.S. Department of Homeland Security ("DHS"). (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, Hoffman Declaration) (Platt, Steven) (Entered: 02/10/2017) 1 Memorandum in Support View on RECAP 2 Exhibit A, Hoffman Declaration View on RECAP	Feb. 10, 2017	RECAP
67	MOTION for Leave to Appear Pro Hac Vice on behalf of Esther Sung Filing fee $ 150, receipt number 0207-9282010. by Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh. (Attachments: # 1 Affidavit in Support, # 2 Certificate of Good Standing) (Sung, Esther) (Entered: 02/10/2017) 1 Affidavit in Support View on PACER 2 Certificate of Good Standing View on PACER	Feb. 10, 2017	PACER
68	RESPONSE in Opposition re 53 MOTION to Compel and Enforce Court Order filed by John Kelly, Jamea T. Madden, Kevin K. McAleenan, Donald J Trump, U.S. Customs and Border Protection ("CBP"), U.S. Department of Homeland Security ("DHS"). (Platt, Steven) (Entered: 02/10/2017)	Feb. 10, 2017	RECAP
69	Letter Motion for Leave to File Amicus Brief by Fred T. Korematsu Center for Law and Equality, Karen Korematsu, Holly Yasui, Asian Americans Advancing Justice, Jay Hirabayashi, National Native American Bar Association, South Asian Bar Association of North America (Johnson, Robert) (Entered: 02/10/2017)	Feb. 10, 2017	RECAP
70	Letter MOTION for Leave to File Amicus Brief by Public Advocate for the City of New York. (Zoppo, Michael) (Entered: 02/10/2017)	Feb. 10, 2017	RECAP
71	ORDER granting 42 Motion to Intervene. Ordered by Judge Carol Bagley Amon on 2/10/2017. Modified on 2/15/2017 (Barrett, C). (Entered: 02/10/2017)	Feb. 10, 2017	RECAP
72	NOTICE of Appearance by Jonathan D. Selbin on behalf of Public Justice, P.C., Impact Fund (aty to be noticed) (Selbin, Jonathan) (Entered: 02/10/2017)	Feb. 10, 2017	PACER
73	NOTICE of Appearance by Jason Louis Lichtman on behalf of Impact Fund, Public Justice, P.C. (aty to be noticed) (Lichtman, Jason) (Entered: 02/10/2017)	Feb. 10, 2017	PACER
74	Letter MOTION for Leave to File Amicus Brief by Impact Fund, Public Justice, P.C.. (Selbin, Jonathan) (Entered: 02/10/2017)	Feb. 10, 2017	RECAP
79	MOTION to Intervene by Vincent A. Molino. (Lee, Tiffeny) (Entered: 02/13/2017)	Feb. 10, 2017	PACER
	Set/Reset Hearings	Feb. 12, 2017	PACER
	Order on Motion for Leave to File	Feb. 13, 2017	PACER
75	Amicus Curiae APPEARANCE entered by Katya T Jestin on behalf of Brown University, Carnegie Mellon University, University of Chicago, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, Harvard University, Johns Hopkins University, Massachusetts Institute of Technology, Northwestern University, University of Pennsylvania, Princeton University, Stanford University, Vanderbilt University, Yale Univeristy (Jestin, Katya) (Entered: 02/13/2017)	Feb. 13, 2017	RECAP
76	Letter MOTION for Leave to File Amicus Brief by Brown University, Carnegie Mellon University, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, Harvard University, Johns Hopkins University, Massachusetts Institute of Technology, Northwestern University, Princeton University, Stanford University, University of Chicago, University of Pennsylvania, Vanderbilt University, Yale Univeristy. (Attachments: # 1 Amicus Brief) (Jestin, Katya) (Entered: 02/13/2017) 1 Amicus Brief View on RECAP	Feb. 13, 2017	RECAP
77	Amicus Curiae APPEARANCE entered by Claude Solomon Platton on behalf of New York City Law Department (Platton, Claude) (Entered: 02/13/2017)	Feb. 13, 2017	PACER
78	Letter MOTION for Leave to File Amicus Brief by New York City Law Department. (Platton, Claude) (Entered: 02/13/2017)	Feb. 13, 2017	PACER
80	NOTICE of Appearance by Matthew D. Brinckerhoff on behalf of Common Defense, No One Left Behind, Vets for American Ideals (aty to be noticed) (Brinckerhoff, Matthew) (Entered: 02/13/2017)	Feb. 13, 2017	PACER
81	Letter MOTION for Leave to File Amicus Brief by Association of American Universities. (Cohen, Mark) (Entered: 02/13/2017)	Feb. 13, 2017	RECAP
88	Corrected MOTION to Intervene by Vincent A. Molino. (Barrett, C) (Entered: 02/15/2017)	Feb. 13, 2017	PACER
	Order on Motion for Leave to File	Feb. 14, 2017	PACER
	Terminate Motions (filed in error)	Feb. 14, 2017	PACER
82	NOTICE of Appearance by Michael Theodore Zoppo on behalf of Public Advocate for the City of New York (notification declined or already on case) (Zoppo, Michael) (Entered: 02/14/2017)	Feb. 14, 2017	PACER
83	Letter MOTION for Leave to File Amicus Brief by Members of the Congress of the United States. (Gans, David) (Entered: 02/14/2017)	Feb. 14, 2017	PACER

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Jan. 28, 2017

Closing Date: Sept. 21, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two individuals on behalf of class of all individuals with refugee applications approved by U.S. Citizenship and Immigration Services as part of the U.S. Refugee Admissions Program, holders of valid immigrant and non-immigrant visas, and other individuals from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen legally authorized to enter the United States, but who had been or would be denied entry to the United States on the basis of the January 27, 2017 Executive Order.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Immigrants' Rights Project

ACLU National (all projects)

Jerome N. Frank Legal Services Organization (Yale)

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants