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

Clearinghouse coding complete

Case Summary

This class action, filed Jan. 28, 2017, challenged President Trump’s Jan. 27, 2017 Executive Order (EO) ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. It was filed as a petition for a writ of habeas corpus (to seek immediate release of plaintiffs from detention) and a civil complaint, on behalf of two individuals and the class of "all individuals with refugee applications approved by U.S. Citizenship and Immigration Services as part of the U.S. …

This class action, filed Jan. 28, 2017, challenged President Trump’s Jan. 27, 2017 Executive Order (EO) ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. It was filed as a petition for a writ of habeas corpus (to seek immediate release of plaintiffs from detention) and a civil complaint, on behalf of two individuals and the 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." Counsel for plaintiffs were the American Civil Liberties Union, the International Refugee Assistance Project at the Urban Justice Center, the National Immigration Law Center, Yale Law School’s Jerome N. Frank Legal Services Organization and the firm Kilpatrick Townsend & Stockton. They filed the case in the U.S. District Court for the Eastern District of New York, along with a motion for class certification; it was initially assigned to Obama appointee Judge Ann Donnelly, who was on duty for any emergencies that weekend.

The lead plaintiffs were detained at JFK Airport by U.S. Customs and Border Protection and threatened with deportation even though they had valid visas to enter the United States. One plaintiff, Hameed Darweesh, had worked for the U.S. military in Iraq; his life was in danger in Iraq due to that relationship. The other plaintiff’s wife and son were threatened because of their perceived ties to the United States. The complaint argued that their continued detention based solely on the EO violated their Fifth Amendment procedural and substantive due process rights, and exceeded the government's authority under the Immigration and Nationality Act. The EO's singling out of seven majority-Muslim nations for disfavored treatment unconstitutionally discriminated against Muslims, it said.

At 7:30 pm the day the matter was filed, Judge Donnelly heard an emergency motion to stay all removals (that is, deportations) under the order; after a hearing, she granted a nationwide stay of removals to all members of the class. At the hearing, Judge Donnelly further required the defendants to provide a list of all individuals detained as a result of the EO.

The next day, on Jan. 29, 2017, 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 were continuing to be deported, in other states. Later that day, the plaintiffs filed a "notice" that said that the U.S. 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."

In addition, on Jan. 29, 2017, a member of the class filed an emergency motion with the court seeking declaratory relief to clarify that she will not be detained or deported. The class member is an Iranian national and lawful permanent resident of the U.S. with a visa. Her husband, a U.S. citizen, sponsored her for permanent residence in the U.S.

The initial assignment had been for emergency purposes over the weekend; on Monday, Jan. 30, 2017, the case was randomly reassigned to Judge Carol Bagley Amon.

On Feb. 2, J 2017, Judge Amon extended the TRO to Feb. 21, 2017 for good cause shown. In addition, the New York State Office of the Attorney General filed a Motion to Intervene, which was granted on Feb. 10.

On Feb. 6, 2017, the government filed a notice of supplemental authority which noted the Feb. 3 letter written by the Deputy Assistant Secretary for Visa Services at the Department of State. This Feb. 3 letter reversed the provisional revocation of all visas previously issued by the Deputy Assistant Secretary.

On Feb. 7, 2017, the petitioners moved for the court to enforce its Jan. 28, 2017 order. The Jan. 28, 2017 order had directed the government to provide the plaintiffs' counsel with a list of all individuals detained pursuant to President Trump's Jan. 27, 2017 EO, including individuals previously released or removed.

On Feb. 8, 2017, the defendants filed a motion to dismiss the plaintiffs' petition and complaint for lack of subject-matter jurisdiction and failure to state a claim. The defendants' motion also opposed the plaintiffs' motion for a preliminary injunction.

Additionally, the court issued a Feb. 8 2017, order instructing the parties to submit memos and a briefing schedule in preparation for a hearing originally scheduled on Feb. 24. 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 Feb. 21, the court agreed to hold a hearing on Feb. 21, 2017.

From Feb. 13-16, 2017, numerous organizations filed amicus briefs, including the Harvard Immigration and Refugee Clinical Program, the Fred T. Korematsu Center for Law and Equality, several members of Congress (represented by the Constitutional Accountability Center), the Commonwealth of Massachusetts, seventeen universities (Brown, Carnegie Mellon, Columbia, Cornell, Dartmouth, Duke, Emory, Harvard, Johns Hopkins, MIT, Northwestern, Princeton, Stanford, University of Chicago, University of Pennsylvania, Vanderbilt, and Yale), and many others. On Feb. 16, 2017, 167 members of Congress filed an amicus brief arguing, among other things, that the EO is irreconcilable with Congress's clearly expressed intent in the Immigration and Nationality Act.

On Feb. 16, 2017, 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 v. Trump, in the Western District of Washington and then the Ninth Circuit, the EO had also been enjoined, and a stay of proceedings denied on Feb. 9 2017, ; on Feb. 16, 2017, the Trump administration announced that rather than continuing to litigate the EO's lawfulness, it would rescind the order and soon replace it with a revised version.

The parties in this case therefore jointly requested on Feb. 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 Feb. 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 v. Trump provided sufficient protection so as to not require that the Jan. 28, 2017 injunction be extended beyond Feb. 21 2017. However, should the Washington injunction be vacated while the EO was in effect, the Jan. 28, 2017, injunction would be reinstated and the court would schedule a prompt hearing on whether the Jan. 28 2017 injunction should be extended further.

The plaintiffs then on Feb. 20, 2017, filed a reply in support of their Feb. 7, 2017, motion for the court to enforce its Jan. 28, 2017, order directing the government to provide the plaintiffs' counsel with a list of all individuals detained pursuant to the EO. In the reply, the plaintiffs argued that the defendants should release the names of "all individuals excluded on the basis of the EO" after this action was filed, and not just those individuals which the plaintiff's counsel identified.

Judge Amon on Feb. 21, 2017, granted the plaintiffs' Feb. 7, 2017 motion in part. She read Judge Donnelly's Jan. 28, 2017, 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." Judge Amon also interpreted Judge Donnelly'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." The plaintiffs in this case specifically, noted Judge Amon, were not placed in removal proceedings but were nonetheless "detained." Accordingly, Judge Amon ordered defendants by Feb. 23, 2017, to 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 the EO from Jan. 28, 2017, at 9:37pm (when Judge Donnelly ordered defendants to produce the list) through Jan. 29, 2017, at 11:59pm.

The government filed two status reports on Feb. 23, 2017. The first status report informed the court that the government had prepared the list as ordered by Judge Amon on Feb. 21 ("putative class members being held pursuant to the EO at any time from the signing of the order and for a reasonable period thereafter"), and that the parties were working through the last-minute terms of the protective order. The second status report informed the court that the parties had agreed to a protective order covering the list containing the names of all individuals processed at any time from 9:27 PM on Jan. 28 to 11:59 PM on Jan. 29 pursuant to the Jan. 27 EO, including those previously released or removed, and that the government had provided the list to the petitioners. The petitioners reserved the right to challenge the government's designation of any information in the list for being overbroad.

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 Feb. 24, 2017, before Judge Amon. During oral argument, the government stated that they would inform the petitioners as to which individuals on the Feb. 23, 2017, list were ultimately admitted into the U.S. The petitioners 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.

Also during oral argument on Feb. 24, 2017, the parties requested to adjourn the present briefing schedule regarding a potential motion to dismiss the Intervenor Plaintiff, the New York State Office of the Attorney General. The request was granted and the parties agreed to submit a new briefing schedule, if necessary, within seven days after a new EO is issued.

Many religious organizations filed an appearance on Feb. 27 2017.

On Mar. 6, 2017, the President rescinded the Jan. 27 EO and replaced it with a narrower one, Executive Order 13780. On the same day, defendants filed a notice about the release of this new EO to take effect on Mar. 16, revoking and replacing the previous one. Defendants argued that the new EO differed substantially from the previous one and thus would not be affected by Judge Amon'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 Mar. 13.

Following this, the New York State Attorney General sent a Mar. 9, 2017, letter to the court, specifying that in light of the new EO, the AG would not pursue the case and would not file its proposed Feb. 2 Complaint in Intervention.

On Mar. 13, 2017, the parties then submitted a letter to Judge Amon, indicating that they were in settlement discussions and requesting a stay. Judge Amon granted such stays repeatedly for two and three weeks at a time.

On May 1, 2017, both plaintiff and defendants wrote separately to Judge Amon, informing her that the parties were unable to reach a settlement. After several conferences in May, the court re-scheduled the follow-up conference several times, as defendants twice requested an adjournment. (Judge Amon on May 31 mentioned that "[t]he Court is not pleased with respondents' request.") Conferences, follow-ups, and extensions continued over the next few months. In the meantime, Judge Amon on Aug. 15 stayed sua sponte a ruling on plaintiff's Jan. 28 class certification motion, while settlement discussions proceeded.

Judge Amon held a settlement conference on Aug. 28, 2017, and a follow-up telephone conference the next day. The parties stated that they had reached a settlement in principle. Judge Amon asked them to confirm the details in the next settlement conference on Aug. 31, 2017. They did so, and entered the terms of the settlement agreement on the record. The parties then on Sept. 1, 2017, 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 U.S. under the Jan. 27 EO, and 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 completing this notification, defendants would notify 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.

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)

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)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 21, 2017 Docket
17

Transcript of Civil Cause for Emergency Motion for Stay of Removal

Jan. 28, 2017 Transcript
4

Petitioners' Motion for Class Certification or Representative Habeas Action

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
1

Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief

Jan. 28, 2017 Complaint
8

Decision and Order

2017 WL 388504

Jan. 28, 2017 Order/Opinion
6

Emergency Motion for Stay of Removal

Jan. 28, 2017 Pleading / Motion / Brief

Letter from New York Attorney General Eric T. Schneiderman Re: Compliance of U.S. Department of Homeland Security and U.S. Customs and Border Protection with Federal Court Injunction and Restraining Order

No Court

Jan. 29, 2017 Correspondence
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
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 12, 2022

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

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2 Certificate of Good Standing

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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

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2 Certificate of Good Standing

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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

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2 Certificate of Standing

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3 Certificate of Service

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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

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2 Certificate of Good Standing

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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

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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

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2 Exhibit B

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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

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2 Exhibit B

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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

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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

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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

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2 Proposed Order

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3 Declaration of My Khanh Ngo (Part I)

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4 Declaration of My Khanh Ngo (Part II)

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5 Declaration of Sara Yarjani

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6 Declaration of Ramez Snober

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7 Declaration of Suha Amin Abdullah Abushamma

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8 Declaration of Hind Elbashir

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9 Declaration of Rashid Ahmed Gibril Ali

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10 Declaration of Yahya Aburomman

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11 Declaration of Nabila Alhaffar

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12 Declaration of Manar

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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

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2 Proposed Order

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3 Declaration of My Khanh Ngo (Part I)

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4 Declaration of My Khanh Ngo (Part II)

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5 Declaration of Sara Yarjani

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6 Declaration of Ramez Snober

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7 Declaration of Suha Amin Abdullah Abushamma

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8 Declaration of Hind Elbashir

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9 Declaration of Rashid Ahmed Gibril Ali

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10 Declaration of Yahya Aburomman

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11 Declaration of Nabila Alhaffar

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12 Declaration of Manar

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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

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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

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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

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2 Exhibit A, Hoffman Declaration

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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

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2 Certificate of Good Standing

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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

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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

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Order Duration: 2017 - 2017

Content of Injunction:

Preliminary relief granted

Required disclosure

Issues

General:

Access to lawyers or judicial system

Disparate Treatment

False arrest

Placement in detention facilities

Terrorism/Post 9-11 issues

Discrimination-basis:

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Detention - criteria

Detention - procedures

Refugees

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern