Case: Azad v. Trump

2:17-cv-00706 | U.S. District Court for the Central District of California

Filed Date: Jan. 29, 2017

Closed Date: Feb. 28, 2017

Clearinghouse coding complete

Case Summary

On January 29,2017, two lawful permanent residents (LPRs) of the U.S. initiated this challenge to President Trump's January 27, 2017, Executive Order (EO-1) banning non-U.S. citizen nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen from being admitted to the U.S. In a joint petition for a writ of habeas corpus and complaint for declaratory and injunctive relief, the plaintiffs claimed that, on January 28, they were detained by U.S. Customs and Border Protection (CBP) at Los Angele…

On January 29,2017, two lawful permanent residents (LPRs) of the U.S. initiated this challenge to President Trump's January 27, 2017, Executive Order (EO-1) banning non-U.S. citizen nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen from being admitted to the U.S. In a joint petition for a writ of habeas corpus and complaint for declaratory and injunctive relief, the plaintiffs claimed that, on January 28, they were detained by U.S. Customs and Border Protection (CBP) at Los Angeles International Airport upon their return from a trip to Iran. The plaintiffs filed the petition/complaint in the U.S. District Court for the Central District of California (in Los Angeles). Simultaneously, the plaintiffs filed an ex parte application for a temporary restraining order to compel CBP to release them from detention and allow them to enter the U.S. The legal bases for these requests to the district court are largely unknown as the original petition/complaint and ex parte application are not available on PACER. Because these documents are not publicly available, it is unknown who were the original plaintiffs’ counsel, but the ACLU of Southern California eventually filed the first amended habeas petition and complaint described below.

Because of a minute order issued by District Judge Valerie Baker Fairbank on January 30, 2017, it is known that the plaintiffs notified the court of their release from detention and entry to the U.S. later on January 29. As a result, the habeas petition and complaint, as well as the ex parte application were dismissed as moot in Judge Baker Fairbank’s January 30 order. Though the original plaintiffs were terminated as parties by the district court, the case did not end there.

The January 30, 2017, minute order describes how, on January 29, as the original LPR plaintiffs were notifying the court of their ability to enter the country, three new individual plaintiffs and five public interest law organizations filed a First Amended Habeas Petition and Complaint. This kept the lawsuit live as the district court added the parties to the lawsuit and classified the first amended habeas petition and complaint as the operative pleading.

Represented by the ACLU of Southern California and private counsel, the individual plaintiffs were an Iraqi citizen and an Iranian citizen traveling to the U.S. on tourist visas to visit their families and a Syrian citizen traveling on a work trip to the U.S. on a business visa. The organizational plaintiffs were Public Counsel, American Immigration Lawyers Association, Asian Asian Americans Advancing Justice – LA, the Iranian American Bar Association, and the Los Angeles Chapter of the National Lawyers Guild. These organizations claimed that they had sent staff and member attorneys to LAX to assist individuals denied entry to the country on or before January 28 pursuant to EO-1.

All three individual plaintiffs arrived at LAX on January 28, 2017, the day after EO-1 went into effect. The plaintiffs claimed that, despite their valid entry documents, they were detained by CBP agents and prohibited from leaving LAX. The organizational plaintiffs alleged that CBP denied their attorneys access to speak to the individual plaintiffs and other travelers affected by the EO-1. The plaintiffs argued that their continued detention at LAX pursuant to EO-1 and inability to access counsel amounted to violations of the Immigration and Nationality Act, Fifth Amendment procedural and substantive due process, the First Amendment Establishment Clause, the Administrative Procedure Act, and the the Religious Freedom Restoration Act. To remedy these violations, the plaintiffs asked the court for a writ of habeas corpus to end their unlawful detention by the federal government, declaratory and injunctive relief “to prevent such harms from occurring,” and an order directing CBP to allow all individuals detained at LAX pursuant to EO-1 access to counsel. The plaintiffs named the Department of Homeland Security, CBP, and President Donald Trump, in his official capacity, as defendants.

Along with their amended habeas petition/complaint, the plaintiffs filed a second ex parte application for a temporary restraining order requesting the district court to require the government to permit the individual plaintiffs to enter the U.S. The document is not publicly available.

On January 30, 2017, Judge Baker Fairbank referred the case to Magistrate Judge Frederick F. Mumm.

On February 1, the plaintiffs filed a third, new ex parte application for a temporary restraining order that sought to enjoin the federal government from targeting the application of EO-1 against Muslims. A series of declarations were also filed in support of the application, but they are also unavailable.

On February 2, 2017, the case was reassigned to District Judge S. James Otero. On February 3, the case saw three important developments. First, the government filed an answer to the plaintiffs first amended habeas petition and complaint. Second, the plaintiffs moved to withdraw their third ex parte application. Lastly, the court denied the third ex parte application in light of the plaintiffs’ motion to withdraw. The court also set a February 7 deadline for the plaintiffs to submit a memorandum explaining: why their claims were not moot, why the organizational plaintiffs would have standing to challenge EO-1 if the individual plaintiffs were dismissed from the action, and whether they intended to file a second amended complaint. The district court’s mootness and standing concerns arose from the fact that the plaintiffs’ notice of withdrawal of the third ex parte application and the government’s response to the amended habeas petition/complaint both suggested that no individuals remained in CBP detention at LAX pursuant to EO-1. 

In a February 3 minute order, the court considered a habeas petition to be rendered moot after a habeas petitioner’s “release or deportation,” as it would no longer constitute a “live controversy.” However, the court left open the possibility that the declaratory and injunctive relief sought in the first amended habeas petition/complaint (declaring certain provisions of EO-1 illegal and enjoining the federal government from enforcing them) could be litigated if the organizational plaintiffs could show that they had standing following the release of the individual plaintiffs from CBP detention at LAX.

The plaintiffs filed the requested memorandum on February 7, 2017, and the government filed a response the following day. These documents are not publicly available. The court then held a status conference on February 10. One week later, on February 17, the parties stipulated to dismissal. The plaintiffs’ reasons for dismissing their claims are unknown because the stipulation is not publicly available. On February 28, 2017, the court dismissed the case.

The case is now closed.

Summary Authors

Virginia Weeks (2/8/2017)

Jamie Kessler (2/18/2017)

Virginia Weeks (3/1/2017)

Esteban Woo Kee (11/24/2021)

Evan Gamza (5/21/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4576203/parties/fatema-farmad-v-donald-trump/


Judge(s)

Fairbank, Valerie Baker (California)

Otero, S. James (California)

Standish, Gail J. (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bibring, Peter (California)

Brewer, Megan (California)

Iguina, Carmen G. (California)

Pasquarella, Jennifer (California)

Tolchin, Stacy Eva (California)

Wong, Adrienna (California)

Judge(s)

Fairbank, Valerie Baker (California)

Otero, S. James (California)

Standish, Gail J. (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bibring, Peter (California)

Brewer, Megan (California)

Iguina, Carmen G. (California)

Pasquarella, Jennifer (California)

Tolchin, Stacy Eva (California)

Wong, Adrienna (California)

Attorneys(s) for Defendant

Ward, Brian Christopher (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 17, 2017 Docket
6

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

Jan. 29, 2017 Complaint
14

Civil Minutes - General [ECF #14]

2017 WL 429728

Jan. 30, 2017 Order/Opinion
28

Civil Minutes- General

Feb. 3, 2017 Order/Opinion

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/core/services/aop-cambridge-core/content/view/0E43606526937D44622281DD5B69D1B9/S0002930017000550a.pdf/president_trump_issues_executive_orders_suspending_refugee_program_and_barring_entry_by_individuals_from_specified_countri

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4576203/fatema-farmad-v-donald-trump/

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

ECF Number Description Date Link
1

[DISMISSED AS MOOT PURSUANT TO ORDER E-FILED 1/30/17] - PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. 0973-19268639 for $5 filing fee, filed by Plaintiffs Marzieh Moosavizadeh Yazdi, Fatema Farmad. (Attachments: # 1 Exhibits A-B) (Attorney Carmen G Iguina added to party Fatema Farmad(pty:pet), Attorney Carmen G Iguina added to party Marzieh Moosavizadeh Yazdi(pty:pet))(Iguina, Carmen) Modified on 1/31/2017 (shb). (Entered: 01/29/2017)

Jan. 29, 2017 PACER
2

EX PARTE APPLICATION for Temporary Restraining Order as to to allow Petitioners into U.S. filed by Plaintiffs Fatema Farmad, Marzieh Moosavizadeh Yazdi. (Attachments: # 1 Memorandum, # 2 Order to Show Cause) (Iguina, Carmen) (Entered: 01/29/2017)

Jan. 29, 2017 PACER
3

CIVIL COVER SHEET filed by Petitioners Fatema Farmad, Marzieh Moosavizadeh Yazdi. (Iguina, Carmen) (Entered: 01/29/2017)

Jan. 29, 2017 PACER
4

NOTICE Notice of Release of Petitioners filed by Petitioners' Fatema Farmad, Marzieh Moosavizadeh Yazdi. (Iguina, Carmen) (Entered: 01/29/2017)

Jan. 29, 2017 PACER
5

NOTICE of Appearance (Ward, Brian) (Entered: 01/29/2017)

Jan. 29, 2017 PACER
6

First AMENDED PETITION against Respondents amending Petition for Writ of Habeas Corpus, 1, filed by Petitioners Marzieh Moosavizadeh Yazdi, Fatema Farmad (Attachments: # 1 Exhibit)(Iguina, Carmen) Modified as to Party Text on 1/30/2017 (mu). (Entered: 01/29/2017)

Jan. 29, 2017 PACER
7

EX PARTE APPLICATION for Temporary Restraining Order as to First Amended Petition for Writ of Habeas Corpus & Complaint for Declaratory & Injunctive Relief filed by Plaintiffs Khanon Mahindokht Azad, et al. Ex Parte Application set for hearing on 1/29/2017 at 05:00 PM before Judge Dolly M. Gee. (Attachments: # 1 Points & Authorities, # 2 Declaration, # 3 Proposed Order) (Iguina, Carmen) Modified on 2/1/2017 (shb). (Entered: 01/29/2017)

Jan. 29, 2017 PACER
8

NOTICE of Release of Individual Petitioners filed by Petitioner Fatema Farmad, Marzieh Moosavizadeh Yazdi. (Attachments: # 1 Declaration Bleckley Declaration)(Iguina, Carmen) (Entered: 01/29/2017)

Jan. 29, 2017 PACER
9

NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Valerie Baker Fairbank and referred to Magistrate Judge Frederick F. Mumm, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (car) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
10

NOTICE OF WITHDRAWAL OF EMERGENCY RELIEF REQUEST AS TO PETITIONERS, AND CONTINUING INVESTIGATION AS TO PLAINTIFF ORGANIZATION'S CLAIMS filed by Petitioners' Fatema Farmad, Marzieh Moosavizadeh Yazdi. (Iguina, Carmen) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
11

NOTICE of Interested Parties filed by Plaintiffs-Petitioners Fatema Farmad, Marzieh Moosavizadeh Yazdi, identifying Khanon Mahindokht Azad, Gishh Alsaeedi, Mustafa Abdul Wahed, Public Counsel, American Immigration Lawyers Association, Asian Americans Advancing Justice - LA, Iranian American Bar Association, National Lawyers Guild-LA, Donald Trump, John F. Kelly, U.S. Department of Homeland Security, U.S. Customs and Border Protection, Kevin K. Mcaleenan, Mitchell Merriam. (Iguina, Carmen) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
12

NOTICE OF ERRATA filed by Petitioners Fatema Farmad, Marzieh Moosavizadeh Yazdi. correcting EX PARTE APPLICATION for Temporary Restraining Order as to First Amended Petition for Writ of Habeas Corpus & Complaint for Declaratory & Injunctive Relief 7, Notice (Other) 4, Civil Cover Sheet (CV-71) 3, Petition for Writ of Habeas Corpus, 1, EX PARTE APPLICATION for Temporary Restraining Order as to to allow Petitioners into U.S. 2, Notice (Other) 8 CORRECTION ONLY TO PROOF OF SERVICE (Attachments: # 1 Corrected Proof of Service)(Iguina, Carmen) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
13

Corrected Notice of Errata filed by Petitioner Fatema Farmad, Respondent John F. Kelly re: Errata,, 12 (Attachments: # 1 Corrected Proof of Service)(Iguina, Carmen) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
14

MINUTE ORDER IN CHAMBERS by Judge Valerie Baker Fairbank: re: The original habeas petition and complaint filed by Farmad and Yazdi on January 29, 2017 [Doc #1] is DISMISSED as moot. The Ex Parte Application for Temporary Restraining Order filed by and in connection with the complaint/petition of Farmad and Yazdi on January 29, 2017 [Doc #2] is DISMISSED as moot. Fatema Farmad is TERMINATED as a party plaintiff. Marzieh Moosavizadeh Yazdi is TERMINATED as a party plaintiff. The Clerks Office SHALL ADD these three natural persons as parties plaintiff: Khanon Mahindokht Azad; Gishh Alsaeedi; Mustafa Abdul Wahed. The Clerks Office SHALL ADD these five entities as parties plaintiff: Public Counsel; American Immigration Lawyers Association; Asian Americans Advancing Justice-LA; Iranian American Bar Association; National Lawyers Guild-LA. The operative pleading is now the First Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief filed by Azad, Alsaeedi, and Wahed on January 29, 2017 (Document #6). (shb) (Entered: 01/31/2017)

Jan. 30, 2017 RECAP
15

Request for Clerk to Issue Summons on Amended Complaint/Petition, 6 filed by Plaintiffs-Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice - LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild-LA, Public Counsel. (Iguina, Carmen) (Entered: 02/01/2017)

Feb. 1, 2017 PACER
16

EX PARTE APPLICATION for Temporary Restraining Order as to practices against targeted Muslims in Response to EO filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice - LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild-LA, Public Counsel, Mustafa Abdul Wahed. (Attachments: # 1 Memorandum, # 2 Proposed Order to Show Cause) (Arulanantham, Ahilan) (Entered: 02/01/2017)

Feb. 1, 2017 PACER
17

DECLARATION of Gishh Alsaeedi in Support of EX PARTE APPLICATION for Temporary Restraining Order as to practices against targeted Muslims in Response to EO 16 filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice - LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild-LA, Public Counsel, Mustafa Abdul Wahed. (Arulanantham, Ahilan) (Entered: 02/01/2017)

Feb. 1, 2017 PACER
18

DECLARATION of Judy London in Support of EX PARTE APPLICATION for Temporary Restraining Order as to practices against targeted Muslims in Response to EO 16 filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice - LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild-LA, Public Counsel, Mustafa Abdul Wahed. (Arulanantham, Ahilan) (Entered: 02/01/2017)

Feb. 1, 2017 PACER
19

DECLARATION of Marjan Vayghan in Support of EX PARTE APPLICATION for Temporary Restraining Order as to practices against targeted Muslims in Response to EO 16 filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice - LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild-LA, Public Counsel, Mustafa Abdul Wahed. (Arulanantham, Ahilan) (Entered: 02/01/2017)

Feb. 1, 2017 PACER
20

DECLARATION of Sara Yarjani in Support of EX PARTE APPLICATION for Temporary Restraining Order as to practices against targeted Muslims in Response to EO 16 filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice - LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild-LA, Public Counsel, Mustafa Abdul Wahed. (Attachments: # 1 Exhibits A-D)(Arulanantham, Ahilan) (Entered: 02/01/2017)

Feb. 1, 2017 PACER
21

DECLARATION of Moustafa Abdul Wahed in Support of EX PARTE APPLICATION for Temporary Restraining Order as to practices against targeted Muslims in Response to EO 16 filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice - LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild-LA, Public Counsel, Mustafa Abdul Wahed. (Attachments: # 1 Exhibits A-B)(Arulanantham, Ahilan) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
22

[STRICKEN] MINUTE ORDER IN CHAMBERS by Judge Valerie Baker Fairbank: re: EX PARTE APPLICATION for Temporary Restraining Order as to practices against targeted Muslims in Response to EO 16 . Directing Defendants to E-file a Response to the February 1, 2016 TRO Application (Document #16) By Midnight on Friday, February 3, 2017; Permitting Plaintiffs to E-File a Reply By Midnight on Sunday, February 5, 2017. No later than midnight1 on Friday, February 3, 2017, defendants SHALL E-FILE a response. No later than midnight on Sunday, February 5, 2017, plaintiffs MAY E-FILE a reply brief. Counsel should jointly contact the chambers of the assigned United States Magistrate Judge on themorning of Monday, February 6, 2017 to find out whether oral argument will be held on this TRO application. (shb) Modified on 2/3/2017 (smo). (Entered: 02/02/2017)

Feb. 2, 2017 PACER
23

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:17-cv-702. Case transferred from Judge Valerie Baker Fairbank and Magistrate Judge Frederick F. Mumm to Judge S. James Otero and Magistrate Judge Gail J. Standish for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:17-cv-00706 SJO (GJSx). Signed by Judge S. James Otero (esa) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
24

INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
25

MINUTE ORDER IN CHAMBERS by Judge S. James Otero: Pursuant to the related case transfer procedure set forth in General Order 16-05, this matter shall be assigned to District Judge S. James Otero. In light of the exigent issues raised in Petitioners Ex Parte Application for Temporary Restraining Order, the Court strikes the Scheduling Order issued by Judge Fairbank (ECF No. 22) and imposes the following modified briefing schedule: Respondents shall have until 4:00 p.m. EST on Friday, February 3, 2017 to file any response to Petitioners Ex Parte Application for Temporary Restraining Order (ECF No. 16.) The Courtroom Deputy has been in contact with Counsel for Respondents who have agreed to this modification. (smo) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
26

ANSWER to Amended Complaint/Petition, 6 filed by Respondents John F. Kelly, Kevin McAleenan, Mitchell Merriam, Donald Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ward, Brian) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
27

Notice of Withdrawal of Motion for Temporary Restraining Order, 16 filed by Plaintiffs-Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice - LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild-LA, Public Counsel, Mustafa Abdul Wahed. (Arulanantham, Ahilan) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
28

MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER DENYING PETITIONERS' THIRD EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND SETTING STATUSCONFERENCE [Docket No. 16 ]. The Court SETS a status conference for Friday, February 10, 2017 at 10:00am. The Court ORDERS the Plaintiff Organizations to submit, on or before Tuesday, February 7, 2017 at 4:00pm Pacific Standard Time, a memorandum, totaling no more than ten (10) pages, addressing why this action is not moot, why they would have standing to litigation this action if the Court were to dismiss the Individual Petitioners, and whether they intend to file a Second Amended Complaint. Should Respondents wish to respond to thismemorandum, they may do so by filing a memorandum of their own, totaling no more than five (5) pages, on or before Wednesday, February 8, 2017 at 4:00pm Pacific Standard Time. IT IS SO ORDERED. See minute order for further details. (jy) (Entered: 02/03/2017)

Feb. 3, 2017 RECAP
29

PLAINTIFFS' STATUS MEMORANDUM RE COURT ORDER (DKT. 28) filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice - LA, Khanon Mahindokht Azad, Iranian American Bar Association, National Lawyers Guild-LA, Public Counsel, Mustafa Abdul Wahed re: Order on Motion for Temporary Restraining Order,,, 28 (Attachments: # 1 Exhibits A-B)(Arulanantham, Ahilan) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
30

NOTICE of Appearance filed by attorney Adrienna Wong on behalf of Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice - LA, Khanon Mahindokht Azad, Iranian American Bar Association, National Lawyers Guild-LA, Public Counsel, Mustafa Abdul Wahed (Attorney Adrienna Wong added to party Gishh Alsaeedi(pty:pet), Attorney Adrienna Wong added to party American Immigration Lawyers Association(pty:pet), Attorney Adrienna Wong added to party Asian Americans Advancing Justice - LA (pty:pet), Attorney Adrienna Wong added to party Khanon Mahindokht Azad (pty:pet), Attorney Adrienna Wong added to party Iranian American Bar Association (pty:pet), Attorney Adrienna Wong added to party National Lawyers Guild-LA(pty:pet), Attorney Adrienna Wong added to party Public Counsel(pty:pet), Attorney Adrienna Wong added to party Mustafa Abdul Wahed(pty:pet))(Wong, Adrienna) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
31

RESPONSE filed by Respondents John F. Kelly, Kevin McAleenan, Mitchell Merriam, Donald Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Securityto Miscellaneous Document, 29 (Ward, Brian) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
32

MINUTE ORDER IN CHAMBERS by Judge S. James Otero: The Court is in receipt of Plaintiffs' Status Conference Memorandum Re Court Order Dkt. 28, (ECF No. 29 ), in which Plaintiffs requested leave to file a further statusconference memorandum in 10 days and to continue the status conference set for Friday, February 10, 2017 by two weeks in order to discuss issues including the status of other litigations and their intentions as to amending their complaint. The Court DENIES Plaintiffs' requests. The parties are ordered to appear at the status conference scheduled for Friday, February 10, 2017 at 10:00 am. (jy) (Entered: 02/09/2017)

Feb. 9, 2017 RECAP
37

MINUTE ORDER IN CHAMBERS by Judge S. James Otero: On February 10, 2017, the Court held a Status Conference to discuss the status of the individualplaintiffs and the issue involving the organizational plaintiffs' standing. After hearing from counsel, the Court dismissed the First Amended Petition for Writ of Habeas Corpus and took a recess for counsel to discuss a briefing schedule for a motion to dismiss the claims of the organizationalplaintiffs. After the recess, the Court stated that it was informed that the lawyers were considering a dismissal without prejudice. Counsel then requested an opportunity to speak to their clients before dismissal of the action. Accordingly, the Court ordered the parties to file with this Court astipulation to dismiss the action without prejudice on or before February 17, 2017; if the parties are not able to reach an agreement, the parties are to submit a proposed briefing schedule on or before that date." (lc) (Entered: 02/28/2017)

Feb. 10, 2017 PACER
33

TRANSCRIPT for proceedings held on 2/10/17 10:07 a.m. Court Reporter: Carol Jean Zurborg, phone number (213) 894-3539. 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. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/10/2017. Redacted Transcript Deadline set for 3/20/2017. Release of Transcript Restriction set for 5/18/2017. (Zurborg, Carol) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
34

NOTICE OF FILING TRANSCRIPT filed for proceedings 2/10/17 10:07 a.m. re Transcript 33 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Zurborg, Carol) TEXT ONLY ENTRY (Entered: 02/17/2017)

Feb. 17, 2017 PACER
35

STATUS REPORT filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice - LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild-LA, Public Counsel, Mustafa Abdul Wahed. (Bibring, Peter) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
36

STIPULATION to Dismiss Case pursuant to F.R.C.P. 41(a)(1)(A)(i) filed by Plaintiffs Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice - LA, Khanon Mahindokht Azad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild-LA, Public Counsel, Mustafa Abdul Wahed.(Bibring, Peter) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
38

MINUTE ORDER IN CHAMBERS by Judge S. James Otero:The Court is in receipt of the STIPULATION to Dismiss Case pursuant to F.R.C.P. 41(a)(1)(A)(i)filed by Plaintiffs 36, indicating that the Accordingly, the Court Orders that this matter shall be dismissed. (Made JS-6. Case Terminated.) (lc) (Entered: 02/28/2017)

Feb. 28, 2017 PACER
39

NOTICE TO COUNSEL: ALL PARTIES having consented to proceed before a United States Magistrate Judge, this case has been reassigned to Magistrate Judge John D. Early for all further proceedings. Please use the case number CV17-706 JDE on all documents subsequently filed to ensure the proper routing of all filings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (sn) (Entered: 05/22/2017)

May 22, 2017 PACER
40

NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice from Clerk re: Final Consent to Proceed before US Magistrate Judge, 39 the Case has been reassigned from Magistrate Judge John D. Early to Judge S. James Otero and Magistrate Judge Gail J. Standish for all further proceedings. The case will now reflect the initials of the transferee Judge CV17-706 SJO(GJSx). (sn) (Entered: 05/22/2017)

May 22, 2017 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Jan. 29, 2017

Closing Date: Feb. 28, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two lawful permanent residents of the U.S., three individuals with tourism/business visas, and five legal aid organizations all who claimed to be affected by detentions of individuals at Los Angeles International Airport on January 28, 2017.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

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

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

Office of the Los Angeles Field Director of U.S. CBP (Los Angeles ), Federal

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

Office of the Commissioner of U.S. CBP (Washington D.C.), 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

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Access to lawyers or judicial system

Over/Unlawful Detention

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

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern