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

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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…

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.

	Document
1:17-cv-00116	Docket [PACER]	June 1, 2017	June 1, 2017 Docket
19 1:17-cv-00116	Brief in Support of the Commonwealth of Virginia's Motion for the Issuance of a Rule to Show Cause	Feb. 1, 2007	Feb. 1, 2007 Pleading / Motion / Brief
1 1:17-cv-00116	Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief	Jan. 28, 2017	Jan. 28, 2017 Complaint
3 1:17-cv-00116	Order Granting Temporary Restraining Order	Jan. 28, 2017	Jan. 28, 2017 Order/Opinion 2017 WL 386549
2 1:17-cv-00116	Petitioners' Emergency Application for a Temporary Restraining Order	Jan. 28, 2017	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	Jan. 29, 2017 Correspondence
10 1:17-cv-00116	First Amended Petition for Writ of Habeas Corpus and Class Complaint for Declaratory and Injunctive Relief	Jan. 30, 2017	Jan. 30, 2017 Complaint
7 1:17-cv-00116	First Amended Petition for Writ of Habeas Corpus and Class Complaint for Declaratory and Injunctive Relief	Jan. 30, 2017	Jan. 30, 2017 Pleading / Motion / Brief
14 1:17-cv-00116	The Commonwealth of Virginia's Motion to Intervene	Jan. 31, 2017	Jan. 31, 2017 Pleading / Motion / Brief
15 1:17-cv-00116	Brief in Support of the Commonwealth of Virginia's Motion to Intervene	Jan. 31, 2017	Jan. 31, 2017 Pleading / Motion / Brief

Title	Description		External URL Date / External URL
Presidential Executive Order (13815) on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities United States	Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities	Oct. 24, 2017	Oct. 24, 2017 https://www.federalregister.gov/...
Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats President Donald Trump		Sept. 24, 2017	Sept. 24, 2017 https://www.federalregister.gov/...
Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence Donald Trump	This memorandum provides guidance for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence in light of two preliminary injunctio…	June 14, 2017	June 14, 2017 https://trumpwhitehouse.archives.gov/...
Executive Order 13780: Protecting The Nation From Foreign Terrorist Entry Into The United States President Donald Trump	In light of the Ninth Circuit's observation that the political branches are better suited to determine the appropriate scope of any suspensions than are the courts, and in order to avoid spending add…	March 6, 2017	March 6, 2017 https://www.federalregister.gov/...
Executive Order 13769: Protecting the Nation from Foreign Terrorist Entry into the United States President Donald Trump	This Executive Order restricted travel, immigration, and visas for people from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen, and put the U.S. refugee program on hold for 120 days.	Jan. 27, 2017	Jan. 27, 2017 https://www.gpo.gov/...

ECF Number	Description	Date	Link 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	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	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	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	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	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	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	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	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	Jan. 31, 2017 PACER
	Set/Reset Hearings	Jan. 31, 2017	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	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	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	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	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	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	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	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	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	Feb. 1, 2017 RECAP
	Set Motion and R&R Deadlines/Hearings	Feb. 1, 2017	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	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	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	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	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	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	Feb. 1, 2017 RECAP
23	MOTION for Preliminary Injunction by Commonwealth of Virginia. (Raphael, Stuart) (Entered: 02/01/2017)	Feb. 1, 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	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	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	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	Feb. 2, 2017 RECAP
	Set Motion and R&R Deadlines/Hearings	Feb. 2, 2017	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	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	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	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	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	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	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	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	Feb. 2, 2017 RECAP

Case: Aziz v. Trump

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

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