Case: Aziz v. Trump

1:17-cv-00116 | U.S. District Court for the Eastern District of Virginia

Filed Date: Jan. 28, 2017

Closed Date: June 1, 2017

Clearinghouse coding complete

Case Summary

On January 28, 2017, lawful permanent residents (LPRs) of the United States, represented by the Legal Aid Justice Center and Mayer Brown, filed this case in the U.S. District Court for the Eastern District of Virginia. The plaintiffs brought the action as a petition for writ of habeas corpus and a civil complaint for declaratory and injunctive relief. They simultaneously filed an emergency application for a temporary restraining order (TRO). The plaintiffs were 50 to 60 lawful permanent residen…

On January 28, 2017, lawful permanent residents (LPRs) of the United States, represented by the Legal Aid Justice Center and Mayer Brown, filed this case in the U.S. District Court for the Eastern District of Virginia. The plaintiffs brought the action as a petition for writ of habeas corpus and a civil complaint for declaratory and injunctive relief. They simultaneously filed an emergency application for a temporary restraining order (TRO).

The plaintiffs were 50 to 60 lawful permanent residents of the United States who were detained at Dulles International Airport pursuant to the January 27, 2017 Executive Order (EO-1) issued by President Trump that banned admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen and who were denied access to counsel. The original named plaintiffs—the Aziz brothers—were Yemeni citizens and LPRs of the U.S. who were denied admission to the country. The complaint argued that detaining the plaintiffs solely pursuant to EO-1 violated the Fifth Amendment equal protection and due process rights, the First Amendment Establishment Clause, the Administrative Procedure Act, the Immigration and Nationality Act, and the Religious Freedom Restoration Act. The plaintiffs also argued that they would suffer irreparable harm if they continued to be denied counsel and/or if they were deported. They sought a TRO to compel the defendants to allow them access to counsel and to prohibit the defendants from deporting them for seven days.

On January 28, 2017, the district court granted the plaintiffs' motion and issued a seven-day TRO prohibiting the defendants from deporting detainees at Dulles and requiring that these detainees have access to counsel.

The plaintiffs filed an amended complaint on January 30, 2017, defining the proposed class as "individuals with legal permanent resident status or who are traveling on valid U.S. immigrant visas who have been or will be either detained and/or coerced into signing a Form I-407." The complaint asserted that CBP had refused to follow the court's TRO by claiming that the affected individuals were not in "detention," but were rather undergoing "processing." (The Aziz brothers, in particular, had been deported and were stranded in the airport in Addis Ababa, without their passports or green cards, both of which had been confiscated.) The amended complaint thus sought an injunction ordering respondents to invalidate improperly coerced I-407 forms, reinstate the plaintiffs’ immigrant visas and/or LPR status, and return the plaintiffs to Dulles Airport and admit them into the United States, subject to the laws and regulations existing prior to January 27, 2017.

The Commonwealth of Virginia moved to intervene in the case on January 31, 2017. The Commonwealth's stated interest was in protecting its universities from the disruption created by EO-1. Virginia also filed a motion in which it stated:

"Contemporary news reports and first-hand accounts indicate that officials of respondent Customs and Border Protection (CBP) did not comply with the Court’s directive in paragraph (a) that “respondents shall permit lawyers access to all legal permanent residents being detained at Dulles International Airport.” Moreover, because such access was not provided and respondents have not disclosed, despite request, whether any such persons were removed from the United States after they knew of the TRO, it cannot be determined whether respondents complied with the prohibition on such removal in paragraph (b). The Commonwealth has attempted since Sunday, January 29, to obtain that information, but respondents have not answered. Under these circumstances, the Court should require that respondents demonstrate their compliance with the TRO and show cause why they are not in contempt."

On February 1, the parties jointly moved to put the case briefly on hold while they tried to work out what would happen to the Aziz brothers. In addition, Virginia moved for a preliminary injunction.

Oral arguments took place, and the court eventually extended the TRO until Friday February 10. The court also allowed two individuals–a Somali citizen deported from Dulles under the EO-1 and his U.S. citizen fiance–and the Commonwealth of Virginia to intervene in the case. In addition, the court ordered the government to provide Virginia, by close of business Thursday, February 9 with "a list of all persons who have been denied entry to or removed from the United States since the Executive Order . . . who, as of 8:00 a.m. Eastern Standard Time, on Friday, January 27, 2017, had a residence in the Commonwealth of Virginia and had lawful permanent resident status, an immigrant visa (or accompanying family or spousal visa), a valid student visa (or accompanying family or spousal visa), or a valid work visa (or accompanying family or spousal visa)."

On February 7, the Aziz brothers and John Does 1-50 moved to voluntarily dismiss their part of the case. That motion was granted, leaving Virginia as the only remaining plaintiff.

On February 13, the court granted Virginia's motion for a preliminary injunction, with an accompanying memorandum. The court order enjoined the defendants from carrying out §3(c)’s enforcement clause against any person who was a Virginia resident or an employee or student of a Virginia public educational institution and who, at the time EO-1 was issued, had LPR status, an immigrant visa entitling the person to LPR status upon admission, a nonimmigrant student visa, a nonimmigrant work visa, or derivative benefits from a family member’s visa.

In the memorandum accompanying the preliminary injunction, the court noted that EO-1 presented a risk to the status of LPRs from the seven listed countries, that it had injured Virginia and its residents by disrupting the functioning of its public higher education institutions, and that the defendants had offered no evidence to prove that EO-1 was necessary for national security concerns (and instead had made statements suggesting that animus had motivated the "Muslim ban"). The court held (1) that Virginia’s claim was justiciable because it had alleged constitutional violations and (2) that Virginia had established all elements of the preliminary injunction showing (that is, Virginia was likely to succeed on the merits of its Establishment Clause claim, the state was likely to suffer irreparable harm without injunctive relief, the balance of equities tipped in its favor, and an injunction would be in the public interest). However, the court declined the plaintiff's request for a nationwide preliminary injunction, instead limiting the injunction to affected Virginia parties. The court’s decision to limit the preliminary injunction geographically was based on the nationwide temporary restraining order issued in Washington v. Trump, the desire to allow other circuits to make their own decisions on the issues in the case, and the wish to avoid challenges to the preliminary injunction as overbroad.

On March 6, 2017, the President rescinded EO-1 and replaced it with a narrower one, Executive Order 13780 (EO-2). On the same day, the DOJ filed notice of the new order with the court.

On March 30, 2017, the court ordered the defendants to respond to Virginia's intervention complaint by May 1, 2017, and commented that the parties were discussing an amicable resolution of the case. The May deadline was later extended to June 1, 2017.

On June 1, 2017, the case was dismissed without prejudice, dissolving the preliminary injunction. After EO-1 was replaced with EO-2, other district courts issued nationwide preliminary injunctions of this new order. (See IRAP v. Trump and Hawaii v. Trump.) This case is closed.

Summary Authors

Virginia Weeks (6/3/2017)

Julie Aust (2/7/2017)

Ava Morgenstern (2/14/2017)

Jamie Kessler (5/1/2017)

Eva Richardson (4/23/2019)

Evan Gamza (5/21/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4576795/parties/aziz-v-trump/


Judge(s)

Brinkema, Leonie M. (Virginia)

O'Grady, Liam (Virginia)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Hughes, Paul W. (District of Columbia)

Pincus, Andrew J. (District of Columbia)

Poon, Elaine (Virginia)

Sandoval-Moshenberg, Simon (Virginia)

Wolozin, Rebecca Ruth (Virginia)

Attorneys(s) for Defendant

Barghaan, Dennis C. (Virginia)

Boente, Dana J. (District of Columbia)

Judge(s)

Brinkema, Leonie M. (Virginia)

O'Grady, Liam (Virginia)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Hughes, Paul W. (District of Columbia)

Pincus, Andrew J. (District of Columbia)

Poon, Elaine (Virginia)

Sandoval-Moshenberg, Simon (Virginia)

Wolozin, Rebecca Ruth (Virginia)

Attorneys(s) for Defendant

Barghaan, Dennis C. (Virginia)

Boente, Dana J. (District of Columbia)

Branda, Joyce R. (District of Columbia)

Kientzle, Michael Erich (District of Columbia)

Peachey, William Charles (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Reuveni, Erez (District of Columbia)

Other Attorney(s)

Balderas, Hector (New Mexico)

Becerra, Xavier (California)

Bergman, Andrew D. (Texas)

Cantor, Daniel (District of Columbia)

Chang, Robert S. (Washington)

Cox, Trevor Stephen (Virginia)

Dasgupta, Anisha (New York)

Denn, Matthew P. (Delaware)

Dewar, Elizabeth N. (Massachusetts)

Donovan, Thomas J. Jr. (Vermont)

Doss, Mark (New York)

Espiritu, Nicholas David (California)

Ferguson, Robert W. (Washington)

Frosh, Brian E. (Maryland)

Goldman, Jonathan Scott (Pennsylvania)

Graunke, Kristi L. (Georgia)

Green, Carmen Nicole (District of Columbia)

Healey, Maura T. (Massachusetts)

Heaphy, Timothy J. (District of Columbia)

Heller, Rebecca (New York)

Herring, Mark R. (Virginia)

Jadwat, Omar C. (New York)

Jepsen, George (Connecticut)

Keaney, Melissa S. (California)

Khera, Farhana (California)

Kilmartin, Peter F. (Rhode Island)

Kornfeld, Julie (New York)

Lapointe, Michelle R. (Georgia)

Madigan, Lisa (Illinois)

McGuire, Matthew R. (Virginia)

Miller, Thomas J. (Iowa)

Mills, Janet T. (Maine)

Nadeau, Genevieve (Massachusetts)

Newell, Jennifer Chang (California)

Racine, Karl A. (Maryland)

Raphael, Stuart Alan (Virginia)

Rogaczewski, Joshua David (District of Columbia)

Rosenblum, Ellen F. (Oregon)

Schneiderman, Eric T. (New York)

Shapiro, Joshua D. (Pennsylvania)

Stein, Joshua H (North Carolina)

Sung, Esther (California)

Tilghman, William (Pennsylvania)

Tumlin, Karen C. (California)

Tysse, James Edward (District of Columbia)

Underwood, Barbara D. (District of Columbia)

Wang, Cecillia D (California)

Ware, Anton (California)

Weisel, Jessica M. (California)

Williams, Victor (Maryland)

Wishnie, Michael J. (Connecticut)

Wofsy, Cody H. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

June 1, 2017 Docket
19

Brief in Support of the Commonwealth of Virginia's Motion for the Issuance of a Rule to Show Cause

Feb. 1, 2007 Pleading / Motion / Brief
1

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

Jan. 28, 2017 Complaint
3

Order Granting Temporary Restraining Order

2017 WL 386549

Jan. 28, 2017 Order/Opinion
2

Petitioners' Emergency Application for a Temporary Restraining Order

Jan. 28, 2017 Pleading / Motion / Brief

Letter from Virginia Attorney General Mark R. Herring Re: This weekend's events at Dulles International Airport

No Court

Jan. 29, 2017 Correspondence
10

First Amended Petition for Writ of Habeas Corpus and Class Complaint for Declaratory and Injunctive Relief

Jan. 30, 2017 Complaint
7

First Amended Petition for Writ of Habeas Corpus and Class Complaint for Declaratory and Injunctive Relief

Jan. 30, 2017 Pleading / Motion / Brief
14

The Commonwealth of Virginia's Motion to Intervene

Jan. 31, 2017 Pleading / Motion / Brief
15

Brief in Support of the Commonwealth of Virginia's Motion to Intervene

Jan. 31, 2017 Pleading / Motion / Brief

Resources

Title Description External URL

President Trump Issues Executive Orders Suspending Refugee Program and Barring Entry by Individuals from Specified Countries

Kristina Daugirdas & Julian Davis Mortenson

On January 27, 2017, President Trump issued an executive order that: (1) prohibited nationals from seven majority-Muslim countries from entering the United States for ninety days; and (2) prohibited … Jan. 27, 2017 https://www.cambridge.org/...

Reviewing Presidential Orders

Lisa Manheim , Kathryn A. Watts

Beginning with Ronald Reagan, Presidents of both political parties increasingly have relied on executive orders and other unilateral written directives as a means of exerting significant control over… Jan. 24, 2019 None

Religious Profiling, Statistical Discrimination and the Fight against Terrorims in Public International Law, in Religion and International Law (Robert Uerpmann-Wittzack et al., eds.)

Antje von Ungern-Sternberg

This article qualifies the phenomenon of religious profiling, e.g. law enforcement measures based on probabilistic generalisations about religious affiliation, not in terms of the binary concept of r… May 17, 2017 None

Article II and Antidiscrimination Norms

Aziz Z. Huq

The Supreme Court’s judgment in Trump v. Hawai’i validated a prohibition on entry to the United States from several largely Muslim-majority countries, and at the same time repudiated a longstanding p… Aug. 28, 2018 None

Libraries Keep a Resourceful Eye on the President

George H. Pike

From the earliest times, libraries have had a mission to collect, curate, organize, and disseminate knowledge and information as broadly as possible for the benefit of the societies they serve. Libra… June 6, 2017 http://newsbreaks.infotoday.com/...

National Security, Immigration and the Muslim Bans

Shoba Sivaprasad Wadhia

National security language has continued to guide the creation and defense of Executive Orders and related immigration policies issued in the Donald J. Trump administration. This Article builds on ea… June 1, 2018 None

Executive Disorder: The Muslim Ban, Emergency Advocacy, and the Fires Next Time

Abed Ayoub & Khaled Beydoun

On January 27, 2017, one week into his presidency, Donald Trump enacted Executive Order No. 13769, popularly known as the “Muslim Ban.” The Order named seven Muslim-majority nations and restricted, e… April 1, 2017 https://repository.law.umich.edu/...

Non-Discrimination in Refugee and Asylum Law (against Travel Ban 1.0 and 2.0)

Eunice Lee

This article explores the tension between Executive Orders No. 13,769 and No. 13,780—colloquially known as “travel ban” 1.0 and 2.0—and the deep non-discrimination norms in refugee and asylum law. I … April 1, 2017 https://poseidon01.ssrn.com/...

Keeping the Mentally Ill out of Jail: Sheriffs as Litigants

Mary Zdanowicz

In March 2014, Congress convened a hearing titled “Where Have All the Patients Gone? Examining the Psychiatric Bed Shortage.” Cook County Sheriff Tom Dart testified “[s]ince becoming Sheriff in 2006,… May 1, 2015 http://www.albanygovernmentlawreview.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 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 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 https://trumpwhitehouse.archives.gov/...

Executive Orders on Travel and Immigration Create a Far-from-Ordinary Semester in Michigan Law's Civil Rights Litigation Clearinghouse

Julie Aust, Jamie Kessler, and Virginia Weeks

President Donald J. Trump's second travel ban for nationals from a group of predominantly Muslim countries was scheduled to take effect on March 16, 2017—until it was enjoined the day before by the U… March 16, 2017 None

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

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4576795/aziz-v-trump/

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

ECF Number Description Date Link
1

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0422-5352839.), filed by Ammar Aqel Mohammed Aziz, Tareq Aqel Mohammed Aziz, Aqel Muhammad Aziz. (Attachments: # 1 Executive Order, # 2 Affidavit)(dvanm, ) (Entered: 01/30/2017)

1 Executive Order

View on PACER

2 Affidavit

View on RECAP

Jan. 28, 2017 RECAP
2

EMERGENCY MOTION for Temporary Restraining Order by Ammar Aqel Mohammed Aziz, Aqel Muhammad Aziz, Tareq Aqel Mohammed Aziz. (dvanm, ) (Entered: 01/30/2017)

Jan. 28, 2017 RECAP
3

ORDER granting 2 Motion for TRO. Pursuant to Federal Rule of Civil Procedure 65, the Court orders that: a) respondents shall permit lawyers access to all legal permanent residents being detained at Dulles International Airport;b) respondents are forbidden from removing petitionerslawful permanent residents at Dulles International Airportfor a period of 7 days from the issuance of this Order. Signed by District Judge Leonie M. Brinkema on 01/28/2017. (dvanm, ) (Entered: 01/30/2017)

Jan. 28, 2017 RECAP
4

NOTICE by Ammar Aqel Mohammed Aziz, Aqel Muhammad Aziz, Tareq Aqel Mohammed Aziz, John Does 1-60 re 1 Petition for Writ of Habeas Corpus (2241) Civil Cover Sheet (Sandoval-Moshenberg, Simon) (Entered: 01/30/2017)

Jan. 30, 2017 RECAP
5

Motion to appear Pro Hac Vice by Paul W. Hughes and Certification of Local Counsel Simon Y. Sandoval-Moshenberg Filing fee $ 75, receipt number 0422-5353400. by Ammar Aqel Mohammed Aziz, Aqel Muhammad Aziz, Tareq Aqel Mohammed Aziz, John Does 1-60. (Sandoval-Moshenberg, Simon) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
6

NOTICE of Appearance by Rebecca Ruth Wolozin on behalf of Ammar Aqel Mohammed Aziz, Aqel Muhammad Aziz, Tareq Aqel Mohammed Aziz, John Does 1-60 (Wolozin, Rebecca) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
7

First Amended Petition for Writ of Habeas Corpus and Class Complaint for Declaratory and Injunctive Relief against Wayne Biondi, John Kelly, Kevin K. McAleenan, Donald Trump, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security and Eight Unnamed CBP Agents at Dulles Airport filed by Ammar Aqel Mohammed Aziz, John Does 1-60, Tareq Aqel Mohammed Aziz, Aqel Muhammad Aziz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sandoval-Moshenberg, Simon) Modified text on 1/31/2017 to add respondent party & correct docket event (klau, ). (Entered: 01/30/2017)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

Jan. 30, 2017 RECAP
8

Motion to appear Pro Hac Vice by Elaine Poon and Certification of Local Counsel Simon Y. Sandoval-Moshenberg Filing fee $ 75, receipt number 0422-5354026. by Ammar Aqel Mohammed Aziz, Aqel Muhammad Aziz, Tareq Aqel Mohammed Aziz, John Does 1-60. (Sandoval-Moshenberg, Simon) (Entered: 01/30/2017)

Jan. 30, 2017 RECAP
9

Motion to appear Pro Hac Vice by Andrew J. Pincus and Certification of Local Counsel Simon Y. Sandoval-Moshenberg Filing fee $ 75, receipt number 0422-5355760. by Ammar Aqel Mohammed Aziz, Aqel Muhammad Aziz, Tareq Aqel Mohammed Aziz, John Does 1-60. (Sandoval-Moshenberg, Simon) (Entered: 01/31/2017)

Jan. 31, 2017 PACER

Set/Reset Hearings

Jan. 31, 2017 PACER
10

ORDER that the parties appear before the undersigned on Friday, February 10, 2017, at 10:00 a.m. to determine whether a preliminary injunction or other relief should issue. Signed by District Judge Leonie M. Brinkema on 1/31/17. (klau, ) (Entered: 01/31/2017)

Jan. 31, 2017 RECAP

Set Hearings: Status Conference set for 2/10/2017 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (klau, )

Jan. 31, 2017 PACER
11

ORDER granting 5 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 1/31/17. (klau, ) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
12

ORDER granting 8 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 1/31/17. (klau, ) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
13

ORDER granting 9 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 1/31/17. (klau, ) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
14

MOTION to Intervene by Commonwealth of Virginia. (Attachments: # 1 Proposed Order)(Raphael, Stuart) (Entered: 01/31/2017)

1 Proposed Order

View on PACER

Jan. 31, 2017 RECAP
15

Memorandum in Support re 14 MOTION to Intervene filed by Commonwealth of Virginia. (Raphael, Stuart) (Entered: 01/31/2017)

Jan. 31, 2017 RECAP
16

Notice of Hearing Date re 15 Memorandum in Support, 14 MOTION to Intervene (Raphael, Stuart) (Entered: 01/31/2017)

Jan. 31, 2017 RECAP
17

NOTICE of Appearance by Dennis Carl Barghaan, Jr on behalf of Wayne Biondi, John Kelly, Kevin K. McAleenan, Donald Trump, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security (Barghaan, Dennis) (Entered: 02/01/2017)

Feb. 1, 2017 RECAP

Set Motion and R&R Deadlines/Hearings

Feb. 1, 2017 PACER

Set Deadlines as to 14 MOTION to Intervene . Motion Hearing set for 2/3/2017 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )

Feb. 1, 2017 PACER
18

MOTION for Order to Show Cause by Commonwealth of Virginia. (Attachments: # 1 Proposed Order)(Raphael, Stuart) (Entered: 02/01/2017)

1 Proposed Order

View on RECAP

Feb. 1, 2017 RECAP
19

Brief in Support to 18 MOTION for Order to Show Cause filed by Commonwealth of Virginia. (Attachments: # 1 Exhibit 1)(Raphael, Stuart) (Entered: 02/01/2017)

1 Exhibit 1

View on RECAP

Feb. 1, 2017 RECAP
20

Declaration re 19 Brief in Support [Declaration of Congressman Donald S. Beyer, Jr.] by Commonwealth of Virginia. (Raphael, Stuart) (Entered: 02/01/2017)

Feb. 1, 2017 RECAP
21

Notice of Hearing Date set for 02/03/2017 re 18 MOTION for Order to Show Cause (Raphael, Stuart) (Entered: 02/01/2017)

Feb. 1, 2017 RECAP
22

Proposed - First Intervenor COMPLAINT, filed by Commonwealth of Virginia.(Raphael, Stuart) Modified on 2/3/2017 to edit the docket text (rban, ). (Entered: 02/01/2017)

Feb. 1, 2017 RECAP
23

MOTION for Preliminary Injunction by Commonwealth of Virginia. (Raphael, Stuart) (Entered: 02/01/2017)

Feb. 1, 2017 RECAP
24

Notice of Hearing Date set for 02/10/2017 re 23 MOTION for Preliminary Injunction (Raphael, Stuart) (Entered: 02/01/2017)

Feb. 1, 2017 RECAP
25

Joint MOTION Hold Petitioners' Claims In Abeyance by Wayne Biondi, John Kelly, Kevin K. McAleenan, Donald Trump, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 02/01/2017)

Feb. 1, 2017 RECAP
26

MOTION to Intervene by Osman Nasreldin, Sahar Kamal Ahmed Fadul. (Attachments: # 1 Proposed Order)(Heaphy, Timothy) (Entered: 02/02/2017)

1 Proposed Order

View on PACER

Feb. 2, 2017 PACER
27

Brief in Support to 26 MOTION to Intervene filed by Sahar Kamal Ahmed Fadul, Osman Nasreldin. (Heaphy, Timothy) (Entered: 02/02/2017)

Feb. 2, 2017 RECAP

Set Motion and R&R Deadlines/Hearings

Feb. 2, 2017 PACER
28

Notice of Hearing Date set for 2/3/2017 re 26 MOTION to Intervene, 27 Brief in Support (Heaphy, Timothy) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
29

NOTICE of Appearance by Trevor Stephen Cox on behalf of Commonwealth of Virginia (Cox, Trevor) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
30

Declaration re 18 MOTION for Order to Show Cause [Declaration of Edward J. Grass, Esq.] by Commonwealth of Virginia. (Raphael, Stuart) (Entered: 02/02/2017)

Feb. 2, 2017 RECAP

Set/Reset Deadlines as to 25 Joint MOTION Hold Petitioners' Claims In Abeyance, 18 MOTION for Order to Show Cause, 26 MOTION to Intervene . Motion Hearing set for 2/3/2017 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )

Feb. 2, 2017 PACER

Set Deadlines as to 23 MOTION for Preliminary Injunction . Motion Hearing set for 2/10/2017 at 10:00 AM in Alexandria Courtroom 601 before District Judge Leonie M. Brinkema. (clar, )

Feb. 2, 2017 PACER
31

Brief in Support to 23 MOTION for Preliminary Injunction filed by Commonwealth of Virginia. (Attachments: # 1 Proposed Order)(Raphael, Stuart) (Entered: 02/02/2017)

1 Proposed Order

View on RECAP

Feb. 2, 2017 RECAP
32

Declaration re 31 Brief in Support, 23 MOTION for Preliminary Injunction [Declaration of W. Taylor Reveley III] by Commonwealth of Virginia. (Raphael, Stuart) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
33

RESPONSE to Motion re 25 Joint MOTION Hold Petitioners' Claims In Abeyance filed by Commonwealth of Virginia. (Raphael, Stuart) (Entered: 02/02/2017)

Feb. 2, 2017 RECAP
34

Memorandum in Opposition re 14 MOTION to Intervene filed by John Kelly, Kevin K. McAleenan, Donald Trump, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security. (Attachments: # 1 Exhibit)(Barghaan, Dennis) (Entered: 02/02/2017)

1 Exhibit

View on PACER

Feb. 2, 2017 RECAP
35

Memorandum in Opposition re 18 MOTION for Order to Show Cause filed by John Kelly, Kevin K. McAleenan, Donald Trump, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 02/02/2017)

Feb. 2, 2017 RECAP

Notice of Correction

Feb. 3, 2017 PACER

Notice of Correction re 30 Declaration, 32 Declaration, The filing user has been notified to file a separate Certificate of Service. (klau, )

Feb. 3, 2017 PACER
36

Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 2/3/2017. Appearances of counsel. Motions argued in open court. 18 MOTION for Order to Show Cause is DENIED. 14 MOTION to Intervene, 25 Joint MOTION to Hold Petitioners' Claims In Abeyance,and 26 MOTION to Intervene are GRANTED. Court orders temporary restraining order be left in place until next Friday, 2/10/17. (order to follow) (Court Reporter A. Thomson.)(yguy) (Entered: 02/03/2017)

Feb. 3, 2017 RECAP
37

ORDER: For the reasons stated in open court and to be further explained in a forthcoming Memorandum Opinion, the Commonwealth of Virginia's Motion to Intervene [Dkt. 14], Osman Nasreldin and Sahar Kamal Ahmed Fadul's Motion to Intervene [Dkt. 26], and the Joint Motion to Hold Petitioners' Claims in Abeyance[Dkt.25] are GRANTED; the Commonwealth of Virginia's Motion for the Issuance of a Rule to Show Cause [Dkt. 18] is DENIED WITHOUT PREJUDICE;and it is hereby ORDERED that the Commonwealth of Virginia's Proposed Complaint in Intervention for Declaratory and Injunctive Relief [Dkt. 22] be and is filed; and it is further ORDERED that Nasreldin and Fadul file a complaint on or before Tuesday, February 7, 2017. Signed by District Judge Leonie M. Brinkema on 2/3/17. (yguy) (Entered: 02/03/2017)

Feb. 3, 2017 RECAP
38

ORDER: For the reasons stated in open court, it is hereby ORDERED that the Temporary Restraining Order entered by this Court on January 28, 2017, be and is extended through Friday, February 10,2017; and it is further ORDERED that the defendants provide the Commonwealth of Virginia with a list of all persons who have been denied entry to or removed from the United States since the Executive Order entitled "Protecting the Nation from Foreign Terrorist Entry into the United States" was signed and who, as of 8:00 a.m. Eastern Standard Time, on Friday, January 27,2017, had a residence in the Commonwealth of Virginia and had lawful permanent resident status, an immigrant visa (or accompanying family or spousal visa), a valid student visa (or accompanyingfamily or spousal visa), or a valid work visa (or accompanying family or spousal visa) by the close of business on Thursday, February 9,2017. Signed by District Judge Leonie M. Brinkema on 2/3/17. (yguy) (Entered: 02/03/2017)

Feb. 3, 2017 RECAP
39

Intervenor COMPLAINT, filed by Commonwealth of Virginia.(rban, ) (Entered: 02/03/2017)

Feb. 3, 2017 RECAP
40

CERTIFICATE of Service re 32 Declaration by Stuart Alan Raphael on behalf of Commonwealth of Virginia (Raphael, Stuart) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
41

CERTIFICATE of Service re 30 Declaration by Stuart Alan Raphael on behalf of Commonwealth of Virginia (Raphael, Stuart) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
42

MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 2/3/2017. (rban, ) (Entered: 02/03/2017)

Feb. 3, 2017 RECAP
45

MOTION to Intervene in Support of President Donald J. Trump et al. by Janice Wolk Grenadier. (klau, ) (Entered: 02/06/2017)

Feb. 3, 2017 RECAP
46

NOTICE of Hearing on Motion 45 MOTION to Intervene : Motion Hearing set for 2/24/2017 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (klau, ) (Entered: 02/06/2017)

Feb. 3, 2017 PACER
47

MOTION to Intervene in Support of President Donald J. Trump et al. by Raquel Okyay. (Told to Notice) (klau, ) (Entered: 02/06/2017)

Feb. 3, 2017 RECAP
43

TRANSCRIPT of proceedings held on 2/3/2017, before Judge Leonie M. Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/6/2017. Redacted Transcript Deadline set for 4/6/2017. Release of Transcript Restriction set for 5/5/2017.(thomson, anneliese) (Entered: 02/04/2017)

Feb. 4, 2017 RECAP
44

NOTICE by Wayne Biondi, John Kelly, Kevin K. McAleenan, Donald Trump, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security to the Court (Barghaan, Dennis) (Entered: 02/06/2017)

Feb. 6, 2017 RECAP
48

ORDER that 45 Motion to Intervene by Grenadier and 47 Motion to Intervene by Okyay be and are DENIED (see order for details). Signed by District Judge Leonie M. Brinkema on 2/6/17. Copy mailed to pro se movants by Chambers. (klau, ) (Entered: 02/06/2017)

Feb. 6, 2017 RECAP
49

NOTICE of Voluntary Dismissal Aziz Petitioners' Stipulation of Dismissal by Ammar Aqel Mohammed Aziz, Aqel Muhammad Aziz, Tareq Aqel Mohammed Aziz, John Does 1-60 (Sandoval-Moshenberg, Simon) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
50

So Ordered re 49 Notice/Stipulation of Voluntary Dismissal with Prejudice, Petitioners John Does 1-60 hereby dismiss their claims without prejudice, pursuant to Fed,R.Civ.P.41(a)(1)(A)(I),filed by Aqel Muhammad Aziz, Tareq Aqel Mohammed Aziz, John Does 1-60, Ammar Aqel Mohammed Aziz. Signed by District Judge Leonie M. Brinkema on 2/7/17. (klau, ) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
51

NOTICE of Voluntary Dismissal and Settlement by Sahar Kamal Ahmed Fadul, Osman Nasreldin (Heaphy, Timothy) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
52

So Ordered re 51 Notice of Settlement and Voluntary Dismissal with prejudice, filed by Osman Nasreldin, Sahar Kamal Ahmed Fadul. Signed by District Judge Leonie M. Brinkema on 2/8/17. (klau, ) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
53

NOTICE of Appearance by Matthew Robert McGuire on behalf of Commonwealth of Virginia (McGuire, Matthew) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
54

Declaration re 23 MOTION for Preliminary Injunction [Declaration of Najwa Elyazgi] by Commonwealth of Virginia. (Raphael, Stuart) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
55

Declaration re 23 MOTION for Preliminary Injunction [Declaration of Tareq Aziz] by Commonwealth of Virginia. (Raphael, Stuart) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
56

Declaration re 23 MOTION for Preliminary Injunction Declaration of Roy Hodge, Esq.] by Commonwealth of Virginia. (Raphael, Stuart) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
57

Declaration re 23 MOTION for Preliminary Injunction [Declaration of National Security Officials] by Commonwealth of Virginia. (Raphael, Stuart) (Entered: 02/08/2017)

Feb. 8, 2017 RECAP
58

Consent MOTION for Leave to Appear Amicus Curiae in Support of Intervenor-Petitioners by Anti-Defamation League. (Attachments: # 1 Exhibit 1--Proposed Order, # 2 Exhibit 2--Amicus Br.)(Rogaczewski, Joshua) (Entered: 02/08/2017)

1 Exhibit 1--Proposed Order

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2 Exhibit 2--Amicus Br.

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Feb. 8, 2017 RECAP
59

Brief in Support to 58 Consent MOTION for Leave to Appear Amicus Curiae in Support of Intervenor-Petitioners filed by Anti-Defamation League. (Rogaczewski, Joshua) (Entered: 02/08/2017)

Feb. 8, 2017 RECAP
60

Financial Interest Disclosure Statement (Local Rule 7.1) by Anti-Defamation League. (Rogaczewski, Joshua) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
61

Declaration re 23 MOTION for Preliminary Injunction, 31 Brief in Support [Declaration of Mamoona "Mona" Siddiqui] by Commonwealth of Virginia. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22)(Raphael, Stuart) (Entered: 02/08/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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21 Exhibit 21

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22 Exhibit 22

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Feb. 8, 2017 PACER
62

ORDER that the 58 Motion for Leave to Appear As an Amicus Curiae by ADL be and is GRANTED and ADL is ORDERED to file its proposed amicus-brief as soon as reasonably possible. Signed by District Judge Leonie M. Brinkema on 2/8/17. (klau, ) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
63

Brief in Support of Intervenor-Petitioners filed by Anti-Defamation League. (Rogaczewski, Joshua) (Entered: 02/08/2017)

Feb. 8, 2017 RECAP
64

Consent MOTION for Leave to File USB Flash Drive re 31 Brief in Support, 61 Declaration,, [Declaration of Mona Siddiqui] by Commonwealth of Virginia. (Attachments: # 1 Proposed Order)(Raphael, Stuart) (Entered: 02/08/2017)

1 Proposed Order

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Feb. 8, 2017 PACER
65

Notice of Appearance of Carmen Green as counsel for Amici Curiae by Americans United for Separation of Church and State, Southern Poverty Law Center. (Green, Carmen) Modified text on 2/8/2017 to correct event(klau, ). (Entered: 02/08/2017)

Feb. 8, 2017 PACER
66

MOTION For Leave to File Brief of Amici Curiae by American Muslim Health Professionals, Council for Advancement of Muslim Professionals, National Arab American Medical Association, The Islamic Medical Association of North America, Muslim Advocates, Muppies, Inc., Network of Arab American Professionals. (Attachments: # 1 Exhibit A - Proposed Brief of Amici Curiae, # 2 Declaration of Michael Kientzle, # 3 Notice of Hearing, # 4 Financial Interest Disclosure Statement of Amici Curiae)(Kientzle, Michael) (Entered: 02/08/2017)

1 Exhibit A - Proposed Brief of Amici Curiae

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2 Declaration of Michael Kientzle

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3 Notice of Hearing

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4 Financial Interest Disclosure Statement of Amici Curiae

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Feb. 8, 2017 PACER
67

Motion to appear Pro Hac Vice by Andrew Nellis and Certification of Local Counsel Carmen Green Filing fee $ 75, receipt number 0422-5372127. Filed by Americans United for Separation of Church and State, Southern Poverty Law Center. (Green, Carmen) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
68

ORDER the 64 Consent Motion for Leave to File USB Flash Drive be and is DENIED. Signed by District Judge Leonie M. Brinkema on 2/8/17. (klau, ) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
69

Motion to appear Pro Hac Vice by Bradley Girard and Certification of Local Counsel Carmen Green Filing fee $ 75, receipt number 0422-5372151. Filed by Americans United for Separation of Church and State, Southern Poverty Law Center. (Green, Carmen) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
70

Motion to appear Pro Hac Vice by Kelly Percival and Certification of Local Counsel Carmen Green Filing fee $ 75, receipt number 0422-5372164. Filed by Americans United for Separation of Church and State, Southern Poverty Law Center. (Green, Carmen) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
71

Motion to appear Pro Hac Vice by Richard Katskee and Certification of Local Counsel Carmen Green Filing fee $ 75, receipt number 0422-5372171. Filed by Americans United for Separation of Church and State, Southern Poverty Law Center. (Green, Carmen) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
72

MOTION for Leave to File Amicus Brief by Americans United for Separation of Church and State, Southern Poverty Law Center. (Attachments: # 1 Proposed Order, # 2 Amicus Brief)(Green, Carmen) (Entered: 02/08/2017)

1 Proposed Order

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2 Amicus Brief

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Feb. 8, 2017 PACER
73

Brief in Support to 72 MOTION for Leave to File Amicus Brief filed by Americans United for Separation of Church and State, Southern Poverty Law Center. (Green, Carmen) (Entered: 02/08/2017)

Feb. 8, 2017 RECAP
74

Motion to appear Pro Hac Vice by Eric Rothschild and Certification of Local Counsel Carmen Green Filing fee $ 75, receipt number 0422-5372195. Filed by Americans United for Separation of Church and State, Southern Poverty Law Center. (Green, Carmen) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
75

Financial Interest Disclosure Statement (Local Rule 7.1) by Americans United for Separation of Church and State, Southern Poverty Law Center. (Green, Carmen) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
76

ORDER that 66 Motion For Leave to File Brief of Amici Curiae is GRANTED and it is hereby ORDERED the amici curiae named in the Motion file the proposed brief forthwith. Signed by District Judge Leonie M. Brinkema on 2/8/17. (klau, ) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
77

Brief in Support of Intervenor-Petitioner by Amici Curiae filed by American Muslim Health Professionals, Council for Advancement of Muslim Professionals, Muppies, Inc., Muslim Advocates, National Arab American Medical Association, Network of Arab American Professionals, The Islamic Medical Association of North America. (Kientzle, Michael) (Entered: 02/08/2017)

Feb. 8, 2017 RECAP
78

Consent MOTION for Leave to File Memorandum of Law in Support of Intervenor Petitioner Commonwealth of Virginia by Illinois, New York, Massachusetts, Pennsylvania, California, Connecticut, Delaware, Iowa, Maine, Maryland, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, District of Columbia. (Tilghman, Michael) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
79

Consent MOTION for Leave to File a Memorandum of Law in Support of Intervenor-Petitioner the Commonwealth of Virginia by California, Connecticut, Delaware, District of Columbia, Illinois, Iowa, Maine, Maryland, Massachusetts, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington. (Attachments: # 1 Exhibit 1 -- Proposed Order, # 2 Exhibit 2 -- Amicus Br.)(Tilghman, Michael) (Entered: 02/08/2017)

1 Exhibit 1 -- Proposed Order

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2 Exhibit 2 -- Amicus Br.

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Feb. 8, 2017 PACER
80

Memorandum in Opposition re 23 MOTION for Preliminary Injunction filed by Wayne Biondi, John Kelly, Kevin K. McAleenan, Donald Trump, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A)(Barghaan, Dennis) (Entered: 02/08/2017)

1 Exhibit A

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Feb. 8, 2017 RECAP
81

ORDER that 72 Motion for Leave to File Amicus Brief is GRANTED. The Clerk is directed to accept the proposed amicus brief for filing. Signed by District Judge Leonie M. Brinkema on 2/8/17. (klau, ) (Entered: 02/09/2017)

Feb. 8, 2017 PACER
82

Brief of Amici Curiae in Support to 23 MOTION for Preliminary Injunction filed by Americans United for Separation of Church and State, Southern Poverty Law Center. (klau, ) (Entered: 02/09/2017)

Feb. 8, 2017 RECAP
83

ORDER that 79 Motion for Leave by the amici States be and is GRANTED, and amici States shall be ORDERED to file their proposed memorandum of law as soon as reasonably possible. Signed by District Judge Leonie M. Brinkema on 2/9/17. (klau, ) (Entered: 02/09/2017)

Feb. 9, 2017 RECAP
84

Brief in Support of Intervenor-Petitioner filed by California, Connecticut, Delaware, District of Columbia, Illinois, Iowa, Maine, Maryland, Massachusetts, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington. (Tilghman, Michael) (Entered: 02/09/2017)

Feb. 9, 2017 RECAP
85

Reply to 23 MOTION for Preliminary Injunction [Reply Brief In Support of Motion for Preliminary Injunction] filed by Commonwealth of Virginia. (Raphael, Stuart) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
86

NOTICE of Appearance by James Edward Tysse on behalf of Fred T. Korematsu Center, Civil Rights Organizations, National Bar Associations of Color (Tysse, James) Modified on 2/10/2017 3 parties created in error instead of one by counsel and refile corrected notice of appearance as docket number 87. (klau, ). (Entered: 02/09/2017)

Feb. 9, 2017 PACER
87

NOTICE of Appearance by James Edward Tysse on behalf of The Fred T. Korematsu Center, Civil Rights Organizations and National Bar Associations of Color (Tysse, James) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
88

MOTION for Leave to File Brief of Amici Curiae by The Fred T. Korematsu Center, Civil Rights Organizations and National Bar Associations of Color. (Attachments: # 1 Proposed Brief of Amici Curiae, # 2 Financial Disclosure, # 3 Proposed Order)(Tysse, James) (Entered: 02/09/2017)

1 Proposed Brief of Amici Curiae

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2 Financial Disclosure

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3 Proposed Order

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Feb. 9, 2017 PACER
89

Motion to appear Pro Hac Vice by Robert Alan Johnson and Certification of Local Counsel James E. Tysse Filing fee $ 75, receipt number 0422-5374167. by The Fred T. Korematsu Center, Civil Rights Organizations and National Bar Associations of Color. (Tysse, James) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
90

Motion to appear Pro Hac Vice by Gillian B. Gillers and Certification of Local Counsel Carmen Green Filing fee $ 75, receipt number 0422-5374175. Filed by Americans United for Separation of Church and State, Southern Poverty Law Center. (Green, Carmen) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
91

Motion to appear Pro Hac Vice by Jessica Michael Weisel and Certification of Local Counsel James E. Tysse Filing fee $ 75, receipt number 0422-5374197. by The Fred T. Korematsu Center, Civil Rights Organizations and National Bar Associations of Color. (Tysse, James) (Entered: 02/09/2017)

Feb. 9, 2017 PACER

State / Territory: Virginia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Jan. 28, 2017

Closing Date: June 1, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

individuals with legal permanent resident status or who are traveling on valid U.S. immigrant visas who have been or will be either detained and/or coerced into signing a Form I-407. Also the Commonwealth of Virginia.

Plaintiff Type(s):

Private Plaintiff

State Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Southern Poverty Law Center

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

United States, Federal

Case Details

Causes of Action:

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

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

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

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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

Reporting

Required disclosure

Issues

General:

Access to lawyers or judicial system

Habeas Corpus

Over/Unlawful Detention

Placement in detention facilities

Terrorism/Post 9-11 issues

Discrimination-basis:

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Detention - criteria

Detention - procedures

Immigration lawyers

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern