Case: Louhghalam v. Trump

1:17-cv-10154 | U.S. District Court for the District of Massachusetts

Filed Date: Jan. 28, 2017

Closed Date: March 20, 2017

Clearinghouse coding complete

Case Summary

On January 28, 2017, two lawful permanent residents (LPRs) of the U.S. who were detained at Boston Logan Airport (Logan) as they were trying to return home to Massachusetts filed this lawsuit in the U.S. District Court for the District of Massachusetts (in Boston). Represented by the ACLU of Massachusetts and private counsel, the plaintiffs sued the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), the Secretary of DHS, the Commissioner of CBP, the Director of the…

On January 28, 2017, two lawful permanent residents (LPRs) of the U.S. who were detained at Boston Logan Airport (Logan) as they were trying to return home to Massachusetts filed this lawsuit in the U.S. District Court for the District of Massachusetts (in Boston). Represented by the ACLU of Massachusetts and private counsel, the plaintiffs sued the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), the Secretary of DHS, the Commissioner of CBP, the Director of the New York Field Office of CBP, and President Trump, in his official capacity. The case was originally assigned to District Judge Burroughs on an emergency basis. On Monday, January 30, 2017, the case was permanently assigned to District Judge Nathaniel Gorton.

The plaintiffs claimed that, on January 28, 2017, they were detained pursuant to an executive order issued by President Donald Trump the previous day (EO-1) that suspended entry to the U.S. for nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. The plaintiffs alleged that denying LPRs entry after a brief visit abroad violated Fifth Amendment equal protection and due process rights, the First Amendment’s Establishment Clause, the Administrative Procedure Act (APA), and the Religious Freedom Restoration Act (RFRA). The complaint was filed as a joint petition for a writ of habeas corpus and civil complaint that requested an injunction ordering the federal government to not detain any individual solely on the basis of EO-1, a declaratory judgment that the government’s detention of the plaintiffs was unauthorized by statute and contrary to law, and attorney’s fees.

The plaintiffs were Iranian nationals who were employed as associate professors at the University of Massachusetts-Dartmouth. They were detained at Logan upon returning home from an academic conference. Counsel for the plaintiffs attempted to contact them at Logan but could not because of the detention. The district court held a hearing on the habeas petition on January 28.

A day after filing their initial complaint and habeas petition, the plaintiffs moved for a temporary restraining order (TRO) on January 29, 2017. The court granted a seven-day TRO that same day. In this order, the district court summarized its findings that the plaintiffs had shown a strong likelihood of success in establishing that (1) their detention and/or removal (or that of others similarly situated) would violate the Fifth Amendment’s guarantees of due process and equal protection, and (2) absent a stay of removal, the plaintiffs and others similarly situated, including LPRs, citizens, visa-holders, approved refugees and other individuals from countries subject to EO-1 would be likely to suffer irreparable harm. Under the TRO,

  1. CBP was to comply with immigration screening protocols required by statute and regulations in effect prior to EO-1;
  2. the federal government was not to detain or remove 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, LPRs, and other individuals from the seven majority-Muslim countries named in EO-1 who, absent the Executive Order, would be legally authorized to enter the U.S.; and
  3. CBP was to inform airlines with flights arriving at Logan of the TRO and the fact that individuals arriving on flights would not be detained or returned solely on the basis of EO-1.

Lastly, the court ordered that the TRO would expire seven days from January 29, 2017, and that the district court would schedule a hearing prior to expiration. It is unclear if the TRO was meant to apply to federal activity within the District of Massachusetts or nationwide. 2017 WL 386550. On February 1, the Commonwealth of Massachusetts and the University of Massachusetts moved to intervene as plaintiffs. The motion was granted the next day.

On February 1, 2017, the plaintiffs filed an amended complaint and habeas petition on behalf of all "noncitizens who are lawfully in the United States after being thoroughly vetted by the U.S. government." Five new individual plaintiffs were added to the amended complaint (all were Iranian nationals, three were LPRs, while two were in the U.S. on valid F-1 student visas). The amended complaint indicated that the (original) two plaintiffs to the January 28 habeas petition and complaint were released prior to the January 28 hearing on the habeas petition but after a four-hour detention at Logan. Despite their release and entry to the U.S., the original plaintiffs claimed sustained harm as a result of EO-1 in the February 1 filing. These two plaintiffs claimed that the government’s continued enforcement of EO-1 made them refrain from leaving the U.S. despite their LPR status and that this interfered with their ability to visit their parents in Iran. Three of the new LPR plaintiffs all claimed that EO-1 was causing them similar injuries as the two original plaintiffs, namely that they were unable to leave the U.S. to visit family in Iran out of fear that they would be unable to return. The other two new plaintiffs were lawful non-immigrants residing in Massachusetts who claimed that EO-1 caused them to refrain from international travel affecting their ability to visit family abroad and travel for school/work.

Oxfam America, Inc. was also added as a plaintiff. The amended complaint included allegations that EO-1 significantly hampered Oxfam's humanitarian mission by, among other things, causing administrative burdens and depriving its employees of their “ability to speak with key governmental constituencies to advocate for and address questions regarding Oxfam’s programs in the affected countries.” This filing included additional claims that EO-1 violated the First Amendment’s protections of speech, petition, and association. The amended habeas petition and complaint also alleged that the federal government continued to enforce EO-1 despite the January 29 TRO. To secure effective relief, the plaintiffs requested an order requiring the government to immediately notify airlines about the January 29 TRO, a declaration that Section 3 of EO-1 was unlawful, and an injunction preventing the federal government from enforcing EO-1.

On February 3, 2017, the court held a hearing to determine if the TRO would be extended. In an opinion issued that same day, Judge Gorton began by noting that EO-1’s use of the word "entry" was best read to indicate that lawful permanent residents (LPRs) were not affected by the travel ban. In light of this reading—plus a February 1, 2017, memorandum by White House Counsel Donald McGahn that informed the Secretary of State, the Attorney General, and the DHS Secretary that Sections 3(c) and 3(e) of EO-1 did not apply to LPRs—the district court held that the plaintiffs' request to enjoin the application of the EO-1 to LPRs was moot. 230 F. Supp. 3d 26. 

Judge Gorton then addressed the claims for injunctive relief brought by the F-1 visa holders and Oxfam. First, the district court held that rational-basis review applied to EO-1’s categorization of non-resident aliens and declined to grant an injunction that would “encroach upon the ‘delicate policy judgment’ inherent in immigration decisions.” Second, the court rejected the plaintiffs’ Establishment Clause claim because EO-1 §5(b), which the plaintiffs argued gave preferential treatment to Christians over Muslims, had language that was neutral with respect to religion and further because this section was specifically about refugee policy which would not personally affect the plaintiffs as F-1 visa holders. Third, the court held that the F-1 plaintiffs were not likely to succeed on the merits of their due process claim because due process protections did not apply to visas and the two plaintiffs were not subject to deportation proceedings at the time they joined the lawsuit. Fourth, the court dismissed the APA claim because EO-1 was a presidential action and thus unreviewable under the APA. Fifth, as to Oxfam’s claim that EO-1 violated its First Amendment rights to freedom of speech, association and petition by barring entry of non-citizens, including visa holders from the U.S, the court held that the President had provided facially legitimate and bona fide reasons for EO-1 in the text of the executive order itself and thus Oxfam had not shown a likelihood of success with respect to that claim. As a result, the district court declined to provide the plaintiffs with any injunctive relief and did not renew the January 29 temporary restraining order. 230 F. Supp. 3d 26.

There are no docket entries between February 3, 2017, and March 9, 2017. However, on March 6, 2017, President Trump rescinded the January 27 Executive Order and replaced it with a narrower one, Executive Order 13780. Shortly afterwards, the Commonwealth of Massachusetts and the University of Massachusetts filed a notice of voluntary dismissal on March 9. All plaintiffs including Oxfam filed a notice of voluntary dismissal on March 20, 2017.

This case is now closed.

Summary Authors

Virginia Weeks (2/3/2017)

Julie Aust (3/21/2017)

Eva Richardson (5/15/2019)

Esteban Woo Kee (11/30/2021)

Evan Gamza (5/21/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4576148/parties/louhghalam-v-trump/


Judge(s)

Burroughs, Allison Dale (Massachusetts)

Dein, Judith Gail (Massachusetts)

Gorton, Nathaniel M. (Massachusetts)

Attorneys(s) for Plaintiff

Biagetti, Peter A. (Massachusetts)

Burnett, Elizabeth B. (Massachusetts)

Church, Susan (Massachusetts)

Cohen, Susan J. (Massachusetts)

Demissie, Derege B. (Massachusetts)

Dewar, Elizabeth N. (Massachusetts)

Doyle, Kerry E. (Massachusetts)

Judge(s)

Burroughs, Allison Dale (Massachusetts)

Dein, Judith Gail (Massachusetts)

Gorton, Nathaniel M. (Massachusetts)

Attorneys(s) for Plaintiff

Biagetti, Peter A. (Massachusetts)

Burnett, Elizabeth B. (Massachusetts)

Church, Susan (Massachusetts)

Cohen, Susan J. (Massachusetts)

Demissie, Derege B. (Massachusetts)

Dewar, Elizabeth N. (Massachusetts)

Doyle, Kerry E. (Massachusetts)

Finegan, Susan M. (Massachusetts)

Gardener, Michael S. (Massachusetts)

Lafaille, Adriana (Massachusetts)

Miller, Jonathan B. (Massachusetts)

Nadeau, Genevieve (Massachusetts)

Nathanson, Andrew (Massachusetts)

Rossman, Jessie J. (Massachusetts)

Rotolo, Laura (Massachusetts)

Segal, Matthew (Massachusetts)

Wunsch, Sarah (Massachusetts)

Attorneys(s) for Defendant

Farquhar, Rayford A. (Massachusetts)

Flentje, August E. (District of Columbia)

Peachey, William Charles (District of Columbia)

Press, Joshua S. (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Sady, Michael P. (Massachusetts)

Shinners, Katherine J. (District of Columbia)

Weinreb, William D. (Massachusetts)

Westwater, Gisela Ann (District of Columbia)

Yountz, Heather (Massachusetts)

Other Attorney(s)

Albano, Jonathan M. (Massachusetts)

Brian, Brad D. (California)

Doyen, Michael R. (California)

Geeter, Erika (Massachusetts)

Golder, Chad (District of Columbia)

Hall, Emma D. (Massachusetts)

Healey, Maura T. (Massachusetts)

Herlihy, Joseph M. (Massachusetts)

O'Leary, Sheila (Massachusetts)

Rose, Alan D. (Massachusetts)

Expert/Monitor/Master

Boyce, Sarah G. (District of Columbia)

Locke, Steven Ian (New York)

Documents in the Clearinghouse

Document

1:17-cv-10154

Docket [PACER]

June 5, 2017

June 5, 2017

Docket
1

1:17-cv-10154

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

Tootkaboni v. Trump

Jan. 28, 2017

Jan. 28, 2017

Complaint
5

1:17-cv-10154

Transcript of Hearing Regarding Temporary Restraining Order

Jan. 29, 2017

Jan. 29, 2017

Transcript
6

1:17-cv-10154

Temporary Restraining Order

Tootkaboni v. Trump

2017 WL 386550

Jan. 29, 2017

Jan. 29, 2017

Order/Opinion
3

1:17-cv-10154

Proposed Order

Jan. 29, 2017

Jan. 29, 2017

Pleading / Motion / Brief
14

1:17-cv-10154

Motion to Permit Public Access to Electronic Case Files

Jan. 30, 2017

Jan. 30, 2017

Pleading / Motion / Brief
13

1:17-cv-10154

Motion to Extend Deadline to File Amended Complaint

Jan. 30, 2017

Jan. 30, 2017

Pleading / Motion / Brief
23

1:17-cv-10154

Notice of Supplemental Authority [with attachment from Department of State]

Jan. 31, 2017

Jan. 31, 2017

Pleading / Motion / Brief
25

1:17-cv-10154

Motion by Plaintiff-Intervenors to Intervene

Jan. 31, 2017

Jan. 31, 2017

Pleading / Motion / Brief
26

1:17-cv-10154

Memorandum in Support of Motion to Intervene

Jan. 31, 2017

Jan. 31, 2017

Pleading / Motion / Brief

Resources

Title Description External URL Date / External URL

Louhghalam v. Trump

American Civil Liberties Union of Massachusetts

If you are being detained at Logan Airport or know someone who is, please contact us: info@aclum.org. <br /> <br />UPDATE February 4, 11:00am: The ACLU of Massachusetts believes that the temporary … Feb. 4, 2017

Feb. 4, 2017

https://aclum.org/...

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/4576148/louhghalam-v-trump/

Last updated May 20, 2022, 4:26 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus (2241), filed by ARGHAVAN LOUHGHALAM, MAZDAK POURABDOLLAH TOOTKABONI. Filing fee: $ 400, receipt number 0101-6472534 (Fee Status: Filing Fee paid) (Demissie, Derege) Modified docket text on 1/30/2017 (adminn, ). (Main Document 1 replaced on 1/31/2017 to reflect signatures of all counsel) (Caruso, Stephanie). (Entered: 01/28/2017)

Jan. 28, 2017

Jan. 28, 2017

RECAP
2

EXHIBIT re 1 Complaint by ARGHAVAN LOUHGHALAM. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D)(Demissie, Derege) (Entered: 01/28/2017)

1 Exhibit B

View on PACER

2 Exhibit C

View on PACER

3 Exhibit D

View on PACER

Jan. 28, 2017

Jan. 28, 2017

PACER
3

Proposed Document(s) submitted by ARGHAVAN LOUHGHALAM. Document received: Proposed Order. (Demissie, Derege) (Entered: 01/29/2017)

Jan. 29, 2017

Jan. 29, 2017

PACER
4

Proposed Document(s) submitted by MAZDAK POURABDOLLAH TOOTKABONI. Document received: Proposed Order. (Demissie, Derege) (Entered: 01/29/2017)

Jan. 29, 2017

Jan. 29, 2017

PACER
5

Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs and Magistrate Judge Judith G. Dein: Hearing held on 1/28/17. Court hears argument regarding Temporary Restraining Order. Order Issued. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Farquar,Church, Segal) (Rynne, Michelle) (Entered: 01/29/2017)

Jan. 29, 2017

Jan. 29, 2017

PACER
6

Judge Allison D. Burroughs and Magistrate Judge Judith G. Dein: ORDER entered. TEMPORARY RESTRAINING ORDER(Rynne, Michelle) (Entered: 01/29/2017)

Jan. 29, 2017

Jan. 29, 2017

RECAP
7

NOTICE of Appearance by Matthew Segal on behalf of ARGHAVAN LOUHGHALAM, MAZDAK POURABDOLLAH TOOTKABONI (Segal, Matthew) (Entered: 01/29/2017)

Jan. 29, 2017

Jan. 29, 2017

PACER
8

NOTICE of Appearance by Michael P. Sady on behalf of John Kelly, Kevin K. McAleenan, William Mohalley, Donald J Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security (Sady, Michael) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER

Notice of Duplicate Filing Fee and Credit for Refund

Jan. 30, 2017

Jan. 30, 2017

PACER
9

NOTICE of Appearance by Katherine J. Shinners on behalf of John Kelly, Kevin K. McAleenan, William Mohalley, Donald J Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security (Shinners, Katherine) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
10

ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Abaid, Kimberly) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER

ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund re 1 Complaint,, for $400.00 paid on 01/28/2017, receipt number 0101-6472533. (Adam, Lucien)

Jan. 30, 2017

Jan. 30, 2017

PACER
11

NOTICE of Appearance by Susan B. Church on behalf of ARGHAVAN LOUHGHALAM (Church, Susan) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
12

NOTICE of Appearance by Susan B. Church on behalf of MAZDAK POURABDOLLAH TOOTKABONI (Church, Susan) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
13

Assented to MOTION for Extension of Time to Feb. 1, 2017 to Amend 1 Complaint, by ARGHAVAN LOUHGHALAM, MAZDAK POURABDOLLAH TOOTKABONI.(Segal, Matthew) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
14

MOTION to Permit Electronic Access to Case Filings by ARGHAVAN LOUHGHALAM, MAZDAK POURABDOLLAH TOOTKABONI.(Segal, Matthew) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

RECAP
15

NOTICE of Appearance by Kerry E. Doyle on behalf of ARGHAVAN LOUHGHALAM, MAZDAK POURABDOLLAH TOOTKABONI (Doyle, Kerry) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
16

Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 13 Motion for Extension of Time to File Amended Complaint. "Motion allowed." (Lima, Christine) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
17

Transcript of Hearing Regarding Temporary Restraining Order held on January 28-29, 2017 before Magistrate Judge Judith G. Dein and Judge Allison D. Burroughs. The Transcript may be purchased through Judy Bond at bond.court.reporting@gmail.com, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter: No Reporter Used. Digital Recording transcribed by Judy Bond. Redaction Request due 2/21/2017. Redacted Transcript Deadline set for 3/3/2017. Release of Transcript Restriction set for 5/1/2017. (Scalfani, Deborah) (Main Document 17 replaced on 2/1/2017) (Scalfani, Deborah). (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
18

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
19

Judge Nathaniel M. Gorton: ENDORSED ORDER entered. re 6 Temporary Restraining Order."Pursuant to the Temporary Restraining Order ("TRO", Docket No. 6) entered by United States District Judge Allison D. Burroughs and United States Magistrate Judge Judith Gail Dein on January 29, 2017, a hearing on the status of the TRO will be held in Courtroom 4 on Friday, February 3, 2017, at 11:00 A.M.. So Ordered."(Caruso, Stephanie) Modified text on 1/31/2017 (adminn, ). (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
20

Judge Nathaniel M. Gorton: ENDORSED ORDER entered denying 14 Motion to Permit Electronic Access to Case Filings. See attached Order. (Caruso, Stephanie) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
21

NOTICE of Appearance by Joshua S. Press on behalf of John Kelly, Kevin K. McAleenan, William Mohalley, Donald J. Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security (Press, Joshua) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
22

NOTICE of Appearance by Heather Yountz on behalf of Arghavan Louhghalam, Mazdak Pourabdollah Tootkaboni (Yountz, Heather) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
23

NOTICE by John Kelly, Kevin K. McAleenan, William Mohalley, Donald J. Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security of Supplemental Authority (Attachments: # 1 Supplemental Authority)(Shinners, Katherine) (Entered: 01/31/2017)

1 Supplemental Authority

View on RECAP

Jan. 31, 2017

Jan. 31, 2017

PACER
24

NOTICE of Appearance by Sarah R. Wunsch on behalf of on behalf of Leily Amirsardary, Arghavan Louhghalam, Babak Yaghoubi Moghadam, Fatemeh Yaghoubi Moghadam, Oxfam America Inc, Zahrasadat Mirrazi Renani, Ali Sanie, Mazdak Pourabdollah Tootkaboni (Wunsch, Sarah) Modified on 2/1/2017 (Caruso, Stephanie). (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
25

MOTION to Intervene by Commonwealth of Massachusetts, UNIVERSITY OF MASSACHUSETTS. (Attachments: # 1 Exhibit Proposed Complaint)(Dewar, Elizabeth) (Entered: 01/31/2017)

1 Exhibit Proposed Complaint

View on PACER

Jan. 31, 2017

Jan. 31, 2017

RECAP
26

MEMORANDUM in Support re 25 MOTION to Intervene filed by Commonwealth of Massachusetts, UNIVERSITY OF MASSACHUSETTS. (Dewar, Elizabeth) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
27

NOTICE of Appearance by Jessie J. Rossman on behalf of Arghavan Louhghalam, Mazdak Pourabdollah Tootkaboni (Rossman, Jessie) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
28

AMENDED COMPLAINT against U.S. Customs and Border Protection, Donald J. Trump, U.S. Department of Homeland Security, William Mohalley, John Kelly, Kevin K. McAleenan, Zahrasadat Mirrazi Renani, Leily Amirsardary, Oxfam America Inc, Ali Sanie, Fatemeh Yaghoubi Moghadam, Babak Yaghoubi Moghadam, filed by Arghavan Louhghalam, Mazdak Pourabdollah Tootkaboni, Zahrasadat Mirrazi Renani, Leily Amirsardary, Oxfam America Inc, Ali Sanie, Fatemeh Yaghoubi Moghadam, Babak Yaghoubi Moghadam.(Segal, Matthew) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

RECAP
29

NOTICE of Appearance by Michael S. Gardener on behalf of Leily Amirsardary, Arghavan Louhghalam, Babak Yaghoubi Moghadam, Fatemeh Yaghoubi Moghadam, Oxfam America Inc, Zahrasadat Mirrazi Renani, Ali Sanie, Mazdak Pourabdollah Tootkaboni (Gardener, Michael) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
30

NOTICE of Appearance by Elizabeth B. Burnett on behalf of Leily Amirsardary, Arghavan Louhghalam, Babak Yaghoubi Moghadam, Fatemeh Yaghoubi Moghadam, Oxfam America Inc, Zahrasadat Mirrazi Renani, Ali Sanie, Mazdak Pourabdollah Tootkaboni (Burnett, Elizabeth) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
31

NOTICE of Appearance by Peter A. Biagetti on behalf of Leily Amirsardary, Arghavan Louhghalam, Babak Yaghoubi Moghadam, Fatemeh Yaghoubi Moghadam, Oxfam America Inc, Zahrasadat Mirrazi Renani, Ali Sanie, Mazdak Pourabdollah Tootkaboni (Biagetti, Peter) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
32

NOTICE of Appearance by Susan M. Finegan on behalf of Leily Amirsardary, Arghavan Louhghalam, Babak Yaghoubi Moghadam, Fatemeh Yaghoubi Moghadam, Oxfam America Inc, Zahrasadat Mirrazi Renani, Ali Sanie, Mazdak Pourabdollah Tootkaboni (Finegan, Susan) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
33

NOTICE of Appearance by Andrew Nathanson on behalf of Leily Amirsardary, Arghavan Louhghalam, Babak Yaghoubi Moghadam, Fatemeh Yaghoubi Moghadam, Oxfam America Inc, Zahrasadat Mirrazi Renani, Ali Sanie, Mazdak Pourabdollah Tootkaboni (Nathanson, Andrew) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
34

NOTICE of Appearance by Susan J. Cohen on behalf of Leily Amirsardary, Arghavan Louhghalam, Babak Yaghoubi Moghadam, Fatemeh Yaghoubi Moghadam, Oxfam America Inc, Zahrasadat Mirrazi Renani, Ali Sanie, Mazdak Pourabdollah Tootkaboni (Cohen, Susan) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
35

NOTICE of Appearance by Adriana Lafaille on behalf of Leily Amirsardary, Arghavan Louhghalam, Babak Yaghoubi Moghadam, Fatemeh Yaghoubi Moghadam, Oxfam America Inc, Zahrasadat Mirrazi Renani, Ali Sanie, Mazdak Pourabdollah Tootkaboni (Lafaille, Adriana) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
36

Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. In light of the hearing scheduled for Friday, February 3, 2017, at 11:00 A.M., defendants are directed, if they intend to oppose the continuation of the temporary restraining order (Docket No. 6), to file a written response on or before 12:00 noon, Thursday, February 2, 2017.(Caruso, Stephanie) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
37

NOTICE of Appearance by Emma D. Hall on behalf of Boston Globe Media Partners, LLC (Hall, Emma) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
38

MOTION to Intervene by Boston Globe Media Partners, LLC.(Hall, Emma) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
39

MOTION ORDER PERMITTING REMOTE ACCESS TO ELECTRONIC COURT FILINGS PURSUANT TO FED. R. CIV. P. 5.2(c) OR TO PERMIT THE PUBLIC TO PRINT AND/OR COPY UNSEALED COURT RECORDS by Boston Globe Media Partners, LLC.(Hall, Emma) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
40

MEMORANDUM in Support re 39 MOTION ORDER PERMITTING REMOTE ACCESS TO ELECTRONIC COURT FILINGS PURSUANT TO FED. R. CIV. P. 5.2(c) OR TO PERMIT THE PUBLIC TO PRINT AND/OR COPY UNSEALED COURT RECORDS filed by Boston Globe Media Partners, LLC. (Hall, Emma) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
41

AFFIDAVIT of Milton J. Valencia in Support re 39 MOTION ORDER PERMITTING REMOTE ACCESS TO ELECTRONIC COURT FILINGS PURSUANT TO FED. R. CIV. P. 5.2(c) OR TO PERMIT THE PUBLIC TO PRINT AND/OR COPY UNSEALED COURT RECORDS filed by Boston Globe Media Partners, LLC. (Hall, Emma) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
42

NOTICE of Appearance by Jonathan M. Albano on behalf of Boston Globe Media Partners, LLC (Albano, Jonathan) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
43

NOTICE of Appearance by Genevieve C. Nadeau on behalf of Commonwealth of Massachusetts, University of Massachusetts (Nadeau, Genevieve). (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

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44

Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 25 Motion to Intervene (Lima, Christine) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

RECAP
45

MOTION for Extension of Time to 12:00 a.m., 2/3/17 to File Response/Reply as to 6 Temporary Restraining Order by John Kelly, Kevin K. McAleenan, William Mohalley, Donald J. Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security.(Shinners, Katherine) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
46

Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting in part and denying in part 45 Motion for Extension of Time to 12:00 a.m., 2/3/17 to File Response/Reply as to 6 Temporary Restraining Order"Motion for extension of time allowed, in part, and denied, in part; the government shall have until 5:00 p.m. on Thurs., Feb. 2, 2017 to file its opposition, if any." (Caruso, Stephanie) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

RECAP
47

Letter/request (non-motion) from Milton Valencia. (Caruso, Stephanie) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

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48

Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 38 Motion to Intervene by Boston Globe Media Partners, LLC. "Motion allowed." (Caruso, Stephanie) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

RECAP
49

Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 39 Motion for ORDER PERMITTING REMOTE ACCESS TO ELECTRONIC COURT FILINGS PURSUANT TO FED. R. CIV. P. 5.2(c) OR TO PERMIT THE PUBLIC TO PRINT AND/OR COPY UNSEALED COURT RECORDS by Boston Globe Media Partners, LLC. " Motion allowed." (Caruso, Stephanie) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

RECAP
50

Opposition re 45 MOTION for Extension of Time to 12:00 a.m., 2/3/17 to File Response/Reply as to 6 Temporary Restraining Order filed by John Kelly, Kevin K. McAleenan, William Mohalley, Donald J. Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 1)(Press, Joshua) (Entered: 02/02/2017)

1 Exhibit 1

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Feb. 2, 2017

Feb. 2, 2017

RECAP
51

NOTICE of Appearance by Jonathan B. Miller on behalf of Commonwealth of Massachusetts, University of Massachusetts (Miller, Jonathan). (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
52

MEMORANDUM OF LAW by Commonwealth of Massachusetts, University of Massachusetts. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit, # 8 Affidavit, # 9 Affidavit)(Nadeau, Genevieve) (Attachment 9 replaced on 2/3/2017) (Lima, Christine). (Entered: 02/02/2017)

1 Affidavit

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2 Affidavit

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3 Affidavit

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4 Affidavit

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5 Affidavit

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6 Affidavit

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7 Affidavit

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8 Affidavit

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9 Affidavit

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Feb. 2, 2017

Feb. 2, 2017

RECAP
53

MOTION for Leave to File Response in Support of Continuation of Temporary Restraining Order and to Set Briefing Schedule for Expedited Preliminary Injunction by Leily Amirsardary, Arghavan Louhghalam, Babak Yaghoubi Moghadam, Fatemeh Yaghoubi Moghadam, Oxfam America Inc, Zahrasadat Mirrazi Renani, Ali Sanie, Mazdak Pourabdollah Tootkaboni. (Attachments: # 1 {Proposed} Response in Support of Continuation of Temporary Restraining Order and to Set Briefing Schedule for Expedited Preliminary Injunction, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Gardener, Michael) (Entered: 02/03/2017)

1 {Proposed} Response in Support of Continuation of Temporary Restraining Order a

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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Feb. 3, 2017

Feb. 3, 2017

RECAP
54

Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 53 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Caruso, Stephanie) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
55

Response by Leily Amirsardary, Arghavan Louhghalam, Babak Yaghoubi Moghadam, Fatemeh Yaghoubi Moghadam, Oxfam America Inc, Zahrasadat Mirrazi Renani, Ali Sanie, Mazdak Pourabdollah Tootkaboni in Support of Continuation of Temporary Restraining Order and to Set Briefing Schedule for Expedited Preliminary Injunction. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Gardener, Michael) (Entered: 02/03/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Feb. 3, 2017

Feb. 3, 2017

PACER
56

NOTICE of Appearance by Alan D. Rose, Sr on behalf of Amici Curiae Massachusetts Universities (Rose, Alan) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
57

MOTION for Leave to Appear Pro Hac Vice for admission of Brad D. Brian Filing fee: $ 100, receipt number 0101-6482230 by Amici Curiae Massachusetts Universities. (Attachments: # 1 Affidavit Rule 83.5.3 Certification of Brad D. Brian, Esq. in Support of Unopposed Motion for Admission Pro Hac Vice)(Rose, Alan) (Entered: 02/03/2017)

1 Affidavit Rule 83.5.3 Certification of Brad D. Brian, Esq. in Support of Unoppos

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Feb. 3, 2017

Feb. 3, 2017

PACER
58

MOTION for Leave to Appear Pro Hac Vice for admission of Chad Golder Filing fee: $ 100, receipt number 0101-6482238 by Amici Curiae Massachusetts Universities. (Attachments: # 1 Affidavit Rule 83.5.3 Certification of Chad Golder, Esq. in Support of Unopposed Motion for Admission Pro Hac Vice)(Rose, Alan) (Entered: 02/03/2017)

1 Affidavit Rule 83.5.3 Certification of Chad Golder, Esq. in Support of Unopposed

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Feb. 3, 2017

Feb. 3, 2017

PACER
59

MOTION for Leave to Appear Pro Hac Vice for admission of Michael R. Doyen Filing fee: $ 100, receipt number 0101-6482254 by Amici Curiae Massachusetts Universities. (Attachments: # 1 Affidavit Rule 83.5.3 Certification of Michael R. Doyen, Esq. in Support of Unopposed Motion for Admission Pro Hac Vice)(Rose, Alan) (Entered: 02/03/2017)

1 Affidavit Rule 83.5.3 Certification of Michael R. Doyen, Esq. in Support of Unop

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Feb. 3, 2017

Feb. 3, 2017

PACER
60

Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 57 Motion for Leave to Appear Pro Hac Vice Added Brad D. Brian. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Caruso, Stephanie) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
61

MOTION for Leave to Appear Pro Hac Vice for admission of Sarah G. Boyce Filing fee: $ 100, receipt number 0101-6482268 by Amici Curiae Massachusetts Universities. (Attachments: # 1 Affidavit Rule 83.5.3 Certification of Sarah G. Boyce, Esq. in Support of Unopposed Motion for Admission Pro Hac Vice)(Rose, Alan) (Entered: 02/03/2017)

1 Affidavit Rule 83.5.3 Certification of Sarah G. Boyce, Esq. in Support of Unoppo

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Feb. 3, 2017

Feb. 3, 2017

RECAP
62

MOTION for Leave to File Amicus Brief by Amici Curiae Massachusetts Universities. (Attachments: # 1 Proposed Amicus Brief on Behalf of Amici Curiae Massachusetts Universities)(Rose, Alan) (Entered: 02/03/2017)

1 Proposed Amicus Brief on Behalf of Amici Curiae Massachusetts Universities

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Feb. 3, 2017

Feb. 3, 2017

RECAP
63

Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Status Conference held on 2/3/2017 as to whether the TRO currently in place should or should not be allowed to expire. Court hears arguments of counsel and takes the matter under advisement. Order to issue. (Court Reporter: Catherine Handel at hhcatherine2@yahoo.com.)(Attorneys present: Dewar, Nadeau, Miller, Segal, Church, Rossman, Shinners, Farquhar, Press) (Lima, Christine) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
64

Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 58 Motion for Leave to Appear Pro Hac Vice Added Chad Golder. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Caruso, Stephanie) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
65

Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 59 Motion for Leave to Appear Pro Hac Vice Added Michael R. Doyen. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Caruso, Stephanie) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
66

Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 61 Motion for Leave to Appear Pro Hac Vice Added Sarah G. Boyce. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Caruso, Stephanie) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
67

Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 62 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Caruso, Stephanie) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
68

AMICUS BRIEF filed by Amici Curiae Massachusetts Universities in Support of Plaintiffs' Complaint for Declaratory and Injunctive Relief. (Rose, Alan) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

RECAP
69

Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER. For the forgoing reasons, the Court declines to impose any injunctive relief and will not renew the temporary restraining order that was entered on January 29, 2017 (Docket No. 6).So ordered.(Lima, Christine) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

RECAP
70

NOTICE of Voluntary Dismissal by Commonwealth of Massachusetts, University of Massachusetts (Dewar, Elizabeth) (Entered: 03/09/2017)

March 9, 2017

March 9, 2017

RECAP
71

NOTICE of Voluntary Dismissal by Leily Amirsardary, Arghavan Louhghalam, Babak Yaghoubi Moghadam, Fatemeh Yaghoubi Moghadam, Oxfam America Inc, Zahrasadat Mirrazi Renani, Ali Sanie, Mazdak Pourabdollah Tootkaboni (Gardener, Michael) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
72

Transcript of Hearing on a Stay of the Temporary Restraining Order held on February 3. 2017, before Judge Nathaniel M. Gorton. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Catherine Handel at hhcatherine2@yahoo.com Redaction Request due 6/26/2017. Redacted Transcript Deadline set for 7/6/2017. Release of Transcript Restriction set for 9/5/2017. (Scalfani, Deborah) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
73

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Jan. 28, 2017

Closing Date: March 20, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two lawful permanent residents of the United States detained at the airport in Massachusetts, five other Iranian nationals with visas, Oxfam America, the Commonwealth of Massachusetts and the University of Massachusetts

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security (Washington D.C.), Federal

U.S. Customs and Border Protection (Washington D.C.), Federal

Office of the Secretary of the Department of Homeland Security (Washington D.C.), Federal

Office of the Commissioner of U.S. Customs and Border Protection (Washington D.C. ), Federal

Office of the Director of the New York Field Office of CBP (New York, New York), Federal

Office of the President of the U.S. (Washington D.C.), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 2017 - 2017

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Disparate Treatment

Habeas Corpus

Terrorism/Post 9-11 issues

Discrimination-basis:

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Detention - criteria

Detention - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern