Case: Darweesh v. Trump

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

Filed Date: Jan. 28, 2017

Closed Date: Sept. 21, 2017

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Case Summary

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Summary Authors

Virginia Weeks (1/30/2017)

Julie Aust (2/24/2017)

Ava Morgenstern (9/22/2017)

Jamie Kessler (2/21/2017)

Eva Richardson (5/15/2019)

Evan Gamza (5/21/2022)

People

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

Judge(s)

Amon, Carol Bagley (New York)

Attorney for Plaintiff

Ahmad, Muneer (New York)

Attie, Jessica (New York)

Attorney for Defendant

Expert/Monitor/Master/Other

Aikman, Amanda (New York)

Ali, Amir H. (New York)

Judge(s)

Amon, Carol Bagley (New York)

Attorney for Plaintiff

Ahmad, Muneer (New York)

Attie, Jessica (New York)

Cox, Justin B. (New York)

Dunn, Christopher Thomas (New York)

Espiritu, Nicholas (New York)

Gelernt, Lee (New York)

Harris, John Barney (New York)

Heller, Rebecca M (New York)

Jadwat, Omar C. (New York)

Keaney, Melissa S. (New York)

Khan, Sania Waheed (New York)

Mukherjee, Elora (New York)

Newell, Jennifer C. (New York)

Poellot, Stephen T. (New York)

Polonsky, Jonathan E. (New York)

Rosado, Lourdes Maria (New York)

Samant, Anjana (New York)

Sung, Esther (New York)

Tumlin, Karen C. (New York)

Wang, Cecillia Derphine (New York)

Wishnie, Michael J. (New York)

Wofsy, Cody (New York)

Attorney for Defendant

Go, Samuel P. (New York)

Miller, Jonathan B. (New York)

Platt, Steven (New York)

Press, Joshua Samuel (New York)

Westwater, Gisela (New York)

Williams, Victor (New York)

Expert/Monitor/Master/Other

Aikman, Amanda (New York)

Ali, Amir H. (New York)

Bershteyn, Boris (New York)

Bi, Kathryn (New York)

Boyce, Sarah G. (New York)

Brian, Brad D. (New York)

Brinckerhoff, Matthew D. (New York)

Champion, Anne Marie (New York)

Cohen, Mark S (New York)

Colyer, Jennifer L. (New York)

Das, Alina (New York)

Doyen, Michael (New York)

Feder, Meir (New York)

Fellmeth, Aaron (New York)

Fram, Robert D. (New York)

Freiman, Jonathan Marc (New York)

Gans, David H. (New York)

Golder, Chad I. (New York)

Grayner, Alexandra (New York)

Greenberg, Susan P. (New York)

Guy, Andrew (New York)

Haker, Oliver Scott (New York)

Jestin, Katya T (New York)

Johnson, Robert A. (New York)

Karanjia, Peter (New York)

Lichtman, Jason Louis (New York)

Markman, Ligia M. (New York)

Molino, Vincent A. (New York)

Phillips, C. William (New York)

Platton, Claude Solomon (New York)

Ross, Erica L. (New York)

Salzman, Zoe A (New York)

Saylor, Elizabeth (New York)

Selbin, Jonathan D. (New York)

Synagogue, Beth Emet (New York)

Tabak, Daniel Hershel (New York)

Tilak, Karun A. (New York)

Townsend, Tahlia (New York)

Wallance, Gregory J. (New York)

Ware, Anton A. (New York)

Weisel, Jessica (New York)

Zoppo, Michael Theodore (New York)

Attorney Contact Information via CourtListener

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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
8 1:17-cv-00480	Decision and Order	Jan. 28, 2017	Jan. 28, 2017 Order/Opinion 2017 WL 388504
4 1:17-cv-00480	Petitioners' Motion for Class Certification or Representative Habeas Action	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
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
6 1:17-cv-00480	Emergency Motion for Stay of Removal	Jan. 28, 2017	Jan. 28, 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
9 1:17-cv-00480	Emergency Motion for Clarification and Enforcement of Order	Jan. 29, 2017	Jan. 29, 2017 Pleading / Motion / Brief
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

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Resources

Title	Description		External URL Date / External URL
Presidential Executive Order (13815) 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 13780: 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/...
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/...
Executive Order 13769: 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/...

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Docket

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

Last updated June 10, 2025, 1:22 a.m.

ECF Number	Description	Date	Link Date / Link
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 RECAP	Jan. 28, 2017	Jan. 28, 2017 RECAP
	Motion Hearing	Jan. 28, 2017	Jan. 28, 2017 PACER
	Order(Other)	Jan. 28, 2017	Jan. 28, 2017 PACER
	Order(Other)	Jan. 28, 2017	Jan. 28, 2017 PACER
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
	Order	Jan. 28, 2017	Jan. 28, 2017 PACER
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
	Minute Entry for proceedings held before Judge Ann M Donnelly: Motion Hearing held on 1/28/2017 re 6 Emergency MOTION to Stay Removal filed by HAIDER SAMEER ABDULKHALEQ ALSHAWI and HAMEED KHALID DARWEESH. Case called. Lee Gelernt, Omar Jadwat, and Davis Hausman appeared for the petitioner; Gisela Westwater (by telephone), Susan Riley, Elliot M. Schachner, and Scott Dunn appeared for the respondent. Discussions held. For the reasons stated on the record, and as set out in the January 28, 2017 Order, the Motion to Stay is granted, and the respondents are enjoined and restrained from, in any manner or by any means, removing 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. (Audio Recording 8:31-9:05.) (J.M.G.)	Jan. 28, 2017	Jan. 28, 2017 PACER
	ORDER: As stated on the record at the January 28, 2017 hearing, the government's submission in connection with the petitioner's requested injunctive relief is due by February 10, 2017; petitioner's opposition by February 13, 2017; government's reply by February 21, 2017. Ordered by Judge Ann M Donnelly on 1/28/2017. (Y.R.Z.)	Jan. 28, 2017	Jan. 28, 2017 PACER
	ORDER: As stated on the record at the January 28, 2017 hearing, the respondents are to provide a list of individuals detained, pursuant to the January 27, 2017 Executive Order, to the petitioner's counsel. Ordered by Judge Ann M Donnelly on 1/28/2017. (J.M.G.)	Jan. 28, 2017	Jan. 28, 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
	Order	Jan. 29, 2017	Jan. 29, 2017 PACER
	Order(Other)	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
	ORDER. The Court has received Maryam Mikaniki's emergency motion. The petitioner is to provide the Court with an update on the status of her arrival to the United States by 11:00 a.m. tomorrow morning. Ordered by Judge Ann M Donnelly on 1/29/2017. (Y.R.Z.)	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
	Case Assigned to Judge Carol Bagley Amon by random selection. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna)	Jan. 30, 2017	Jan. 30, 2017 PACER
	Notice to Pay Civil Filing Fee	Jan. 30, 2017	Jan. 30, 2017 PACER
	The case of Darweesh et al v. Trump et al, has been opened in the Eastern District of New York. The case number is 1:17-cv-00480-CBA. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (Marziliano, August)	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
	Civil Case Filing Fee	Jan. 30, 2017	Jan. 30, 2017 PACER
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
	CIVIL CASE FILING FEE: $ 400, receipt number 0207-9245879 (Wishnie, Michael)	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
	SCHEDULING ORDER: A status conference will be held on February 2, 2017 at 2:30 p.m. in Courtroom 10D South before Judge Carol Bagley Amon to address the briefing of issues in this case. So Ordered by Judge Carol Bagley Amon on February 1, 2017.	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 RECAP
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 RECAP
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 RECAP
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 View on PACER 2 Certificate of Good Standing View on PACER	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 View on RECAP	Feb. 1, 2017	Feb. 1, 2017 RECAP
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
	Status Conference	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 View on PACER 2 Exhibit B View on PACER	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
	Minute entry for status conference held on February 2, 2017, before Judge Carol Bagley Amon. Appearances: For plaintiffs: Cecillia Wang, Lee Gelernt, Michael Wishnie, Karen Tumlin, Jonathan Polonsky. For Interested Party Mikaniki: Jennifer Colyer. For defendants: Samuel Go, Steven Platt. Status conference held. As stated on the record, the parties consent to remote public access to all but two filings in this case. As further stated on the record, the TRO is extended until February 21, 2017 for good cause shown. Parties are to confer to determine the issues to be briefed and the briefing schedule, and will inform the Court by letter of their determination. Counsel for Mr. Darweesh and Ms. Mikaniki, by 5 pm on Friday, February 3, 2017, are to file redacted versions of the document that each identified to the Court, which will be made available for remote public access. (Court Reporter Linda Danelczyk.)	Feb. 2, 2017	Feb. 2, 2017 PACER
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 View on RECAP 2 Exhibit B View on PACER	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
43	REDACTION to 14 Memorandum in Support, (Substituted, Redacted version filed per the direction of the Court at hearing on February 2, 2017) by Maryam Mikaniki (Attachments: # 1 Proposed Order) (Colyer, Jennifer) (Entered: 02/03/2017) 1 Proposed Order View on RECAP	Feb. 3, 2017	Feb. 3, 2017 RECAP
	Order on Motion for Leave to File	Feb. 3, 2017	Feb. 3, 2017 PACER
	ORDER re 33 . The motion for leave to file an amicus brief is granted. So ordered by Judge Carol Bagley Amon on 2/3/2017.	Feb. 3, 2017	Feb. 3, 2017 PACER
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 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	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 View on RECAP	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
52	NOTICE by Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh re 8 Order on Motion to Stay re Motion to Enforce (Attachments: # 1 Memorandum in Support of Motion to Enforce, # 2 Proposed Order, # 3 Declaration of My Khanh Ngo (Part I), # 4 Declaration of My Khanh Ngo (Part II), # 5 Declaration of Sara Yarjani, # 6 Declaration of Ramez Snober, # 7 Declaration of Suha Amin Abdullah Abushamma, # 8 Declaration of Hind Elbashir, # 9 Declaration of Rashid Ahmed Gibril Ali, # 10 Declaration of Yahya Aburomman, # 11 Declaration of Nabila Alhaffar, # 12 Declaration of Manar) (Wishnie, Michael) (Entered: 02/07/2017) 1 Memorandum in Support of Motion to Enforce View on RECAP 2 Proposed Order View on PACER 3 Declaration of My Khanh Ngo (Part I) View on PACER 4 Declaration of My Khanh Ngo (Part II) View on PACER 5 Declaration of Sara Yarjani View on PACER 6 Declaration of Ramez Snober View on PACER 7 Declaration of Suha Amin Abdullah Abushamma View on PACER 8 Declaration of Hind Elbashir View on PACER 9 Declaration of Rashid Ahmed Gibril Ali View on PACER 10 Declaration of Yahya Aburomman View on PACER 11 Declaration of Nabila Alhaffar View on PACER 12 Declaration of Manar View on PACER	Feb. 7, 2017	Feb. 7, 2017 RECAP
	Order on Motion for Leave to File	Feb. 7, 2017	Feb. 7, 2017 PACER
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
	ORDER re 51 . The motion for leave to file an amicus brief is granted. So Ordered by Judge Carol Bagley Amon on 2/7/2017.	Feb. 7, 2017	Feb. 7, 2017 PACER
54	Letter to Court Regarding Corrected Filing of Motion to Enforce by Haider Sameer Abdulkhaleq Alshawi, Hameed Khalid Darweesh (Attachments: # 1 Certificate of Service) (Wishnie, Michael) (Entered: 02/07/2017) 1 Certificate of Service View on PACER	Feb. 7, 2017	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
	~Util - Set Hearings	Feb. 9, 2017	Feb. 9, 2017 PACER
	ORDER: The Court accepts the agreed-upon briefing schedule set forth in the parties' letter dated February 8, 2017 61 . A hearing on the applications indicated therein will be held on February 21, 2017 at 10:00 a.m. in Courtroom 10D South before Judge Carol Bagley Amon.	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
	Because of the complexities of this case, the Court denies 55 Motion for Leave to File Law Student Appearances. So Ordered by Judge Carol Bagley Amon on 2/10/2017.	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 View on RECAP 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 View on PACER 2 Certificate of Good Standing View on PACER	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

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