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 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…

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.

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)

Documents in the Clearinghouse

Document

1:17-cv-00480

Docket [PACER]

Sept. 21, 2017

Sept. 21, 2017

Docket
17

1:17-cv-00480

Transcript of Civil Cause for Emergency Motion for Stay of Removal

Jan. 28, 2017

Jan. 28, 2017

Transcript
6

1:17-cv-00480

Emergency Motion for Stay of Removal

Jan. 28, 2017

Jan. 28, 2017

Pleading / Motion / Brief
6-1

1:17-cv-00480

Memorandum of Law in Support of EMERGENCY Motion for Stay of Removal

Jan. 28, 2017

Jan. 28, 2017

Pleading / Motion / Brief
4

1:17-cv-00480

Petitioners' Motion for Class Certification or Representative Habeas Action

Jan. 28, 2017

Jan. 28, 2017

Pleading / Motion / Brief
8

1:17-cv-00480

Decision and Order

2017 WL 388504

Jan. 28, 2017

Jan. 28, 2017

Order/Opinion
1

1:17-cv-00480

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

Jan. 28, 2017

Jan. 28, 2017

Complaint
14

1:17-cv-00480

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

Jan. 29, 2017

Pleading / Motion / Brief
10

1:17-cv-00480

Notice Regarding Petitioners' Emergency Motion for Clarification and Enforcement of Order

Jan. 29, 2017

Jan. 29, 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

Jan. 29, 2017

Correspondence

Resources

Title Description External URL Date / External URL

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

Feb. 17, 2017

https://www.aclu.org/...

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

Jan. 29, 2017

https://www.law.yale.edu/...

Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities

United States

Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities Oct. 24, 2017

Oct. 24, 2017

https://www.federalregister.gov/...

Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats

President Donald Trump

Sept. 24, 2017

Sept. 24, 2017

https://www.federalregister.gov/...

Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence

Donald Trump

This memorandum provides guidance for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence in light of two preliminary injunctio… June 14, 2017

June 14, 2017

https://trumpwhitehouse.archives.gov/...

Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States

President Donald Trump

In light of the Ninth Circuit's observation that the political branches are better suited to determine the appropriate scope of any suspensions than are the courts, and in order to avoid spending add… March 6, 2017

March 6, 2017

https://www.federalregister.gov/...

Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States

President Donald Trump

This Executive Order restricted travel, immigration, and visas for people from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen, and put the U.S. refugee program on hold for 120 days. Jan. 27, 2017

Jan. 27, 2017

https://www.gpo.gov/...

Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security

Donald F. McGahn II, Counsel to the President

This memo states that the Executive Order on refugees etc. does not apply to Legal Permanent Residents. Feb. 1, 2017

Feb. 1, 2017

http://www.politico.com/...

Docket

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

Last updated May 29, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link

Motion Hearing

Jan. 28, 2017

Jan. 28, 2017

PACER

Order

Jan. 28, 2017

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

Jan. 28, 2017

RECAP
2

NOTICE by HAIDER SAMEER ABDULKHALEQ ALSHAWI re 1 Complaint (Wishnie, Michael) (Entered: 01/28/2017)

Jan. 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

Jan. 28, 2017

RECAP
4

MOTION to Certify Class by HAMEED KHALID DARWEESH. (Wishnie, Michael) (Entered: 01/28/2017)

Jan. 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

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

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

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

Jan. 28, 2017

RECAP

Order

Jan. 29, 2017

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

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

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

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

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

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

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

Jan. 29, 2017

PACER

Case Assigned/Reassigned

Jan. 30, 2017

Jan. 30, 2017

PACER

Notice to Pay Civil Filing Fee

Jan. 30, 2017

Jan. 30, 2017

PACER

Civil Case Filing Fee

Jan. 30, 2017

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

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

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

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

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

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

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

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

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

Jan. 31, 2017

PACER

Scheduling Order

Feb. 1, 2017

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

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

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

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

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

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

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

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

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

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

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

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

Feb. 1, 2017

RECAP

Status Conference

Feb. 2, 2017

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

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

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

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

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

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

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

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

Feb. 2, 2017

RECAP

Order on Motion for Leave to File

Feb. 3, 2017

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

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

Feb. 3, 2017

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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

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

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

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

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

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

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

Feb. 6, 2017

RECAP

Order on Motion for Leave to File

Feb. 7, 2017

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

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

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

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

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

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

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

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

Feb. 8, 2017

RECAP

Set Hearings

Feb. 9, 2017

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

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

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

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

Feb. 9, 2017

RECAP

Order on Motion for Leave to File

Feb. 10, 2017

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

View on RECAP

Feb. 10, 2017

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

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

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

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

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

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

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

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

Feb. 10, 2017

RECAP
79

MOTION to Intervene by Vincent A. Molino. (Lee, Tiffeny) (Entered: 02/13/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER

Set/Reset Hearings

Feb. 12, 2017

Feb. 12, 2017

PACER

Order on Motion for Leave to File

Feb. 13, 2017

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

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

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

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

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

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

Feb. 13, 2017

RECAP
88

Corrected MOTION to Intervene by Vincent A. Molino. (Barrett, C) (Entered: 02/15/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER

Order on Motion for Leave to File

Feb. 14, 2017

Feb. 14, 2017

PACER

Terminate Motions (filed in error)

Feb. 14, 2017

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

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

Feb. 14, 2017

PACER

Case Details

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:

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Detention - criteria

Detention - procedures

Refugees

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern