Case: Sarsour v. Trump

1:17-cv-00120 | U.S. District Court for the Eastern District of Virginia

Filed Date: Jan. 30, 2017

Closed Date: June 25, 2021

Clearinghouse coding complete

Case Summary

This lawsuit filed on January 30, 2017, challenged President Trump’s January 27, 2017, Executive Order (EO-1). EO-1 barred legal immigrants and refugees from seven majority-Muslim countries from entering the US and prohibited Syrian refugees from entering the US indefinitely. The complaint was filed in the U.S. District Court for the Eastern District of Virginia (in Alexandria) by a group of Muslim American activisits and political leaders as well as 12 anonymous plaintiffs residing in the US w…

This lawsuit filed on January 30, 2017, challenged President Trump’s January 27, 2017, Executive Order (EO-1). EO-1 barred legal immigrants and refugees from seven majority-Muslim countries from entering the US and prohibited Syrian refugees from entering the US indefinitely. The complaint was filed in the U.S. District Court for the Eastern District of Virginia (in Alexandria) by a group of Muslim American activisits and political leaders as well as 12 anonymous plaintiffs residing in the US with varied immigration statuses who would not be able to leave and re-enter the US as a result of EO-1. The case was assigned to Judge Anthony Trenga.

The complaint argued that one of the purposes of EO-1 was to “initiate the mass expulsion of immigrant and nonimmigrant Muslims lawfully residing in the US by denying them the ability to renew their lawful status or receive immigration benefits afforded to them under the Immigration and Nationality Act.” Moreover, it argued that EO-1 applied only to Muslims. Therefore, according to the complaint, EO-1 had an illegal purpose and effect and violated the First Amendment Establishment and Free Exercise Clauses, Equal Protection, and the Administrative Procedure Act (APA). The complaint named (all in their official capacity) then US President Donald Trump, the Secretary of the Department of Homeland Security, the Director of National Intelligence, and the Department of State as defendants. Represented by private counsel and attorneys from the Council on American-Islamic Relations (CAIR), the plaintiffs sought a declaratory judgment that EO-1 violated the Fifth Amendment, and an injunction requiring the government to remedy the Constitutional violations caused by EO-1, a jury trial, and attorneys’ fees. While all versions of the complaint in this lawsuit referenced claims for relief for plaintiffs and “others similarly situated” the docket does not indicate that a motion for class certification was ever filed.

On March 6, 2017, the President rescinded EO-1 and replaced it with a narrower one, Executive Order 13780 (EO-2). In response, plaintiffs filed both an amended complaint and an emergency motion for a temporary restraining order and/or preliminary injunction on March 13, 2017. The amended complaint argued that the history and text of the rescinded EO-1 revealed an illegal purpose. Further, the effects of EO-2 continued to impact Muslims seeking entry to the US as EO-2 still allowed the illegal purpose of the rescinded EO-1 to take effect. The amended complaint removed the Free Exercise claim and added an allegation that EO-2 violated the Immigration and Nationality Act (INA).

District Judge Trenga denied plaintiffs’ emergency motion on March 24, 2017. He found that while plaintiffs had standing to challenge EO-2, they failed to show the EO-2 exceeded the President's authority. Additionally, the court found that plaintiffs had not shown they would be likely to succeed on the merits of their Establishment Clause claim. Diverging from the court in Trump v. Hawaii, the district judge refused to use the President's past statements as evidence of the order's discriminatory nature, reasoning that "the Court cannot conclude for the purposes of the Motion that these statements, together with the President’s past statements, have effectively disqualified him from exercising his lawful presidential authority." 245 F. Supp. 3d 719.

On April 21, 2017, the government filed a motion to stay proceedings pending the outcome of IRAP v. Trump where oral arguments in front of the Fourth Circuit had been scheduled for May 8, 2017. The government pointed to how the U.S. District Court for the District of Maryland had issued a nationwide injunction barring the enforcement of Section 2(c) of EO-2 and the disposition of that case on appeal would affect the district court’s consideration of the legal issues in this case. The court stayed proceedings on April 24, 2017, and continued the stay on August 18, 2017, following the Supreme Court’s decision to grant certiorari for IRAP after the Fourth Circuit upheld the preliminary injunction.

The Supreme Court remanded IRAP to the district court with orders to dismiss the case as moot on October 11, 2017, as EO-2 expired on September 24, 2017. In response, the district court lifted the stay on this case for the limited purpose of allowing plaintiffs to file an amended complaint so that they could address the most recent version of the travel ban EO-3 (issued on September 24).

Plaintiffs filed their second amended complaint on December 26, 2017, and made substantively similar arguments to their first amended complaint. Following plaintiffs' amended complaint, the government moved to stay proceedings on January 5, 2018, pending the resolution of the IRAP and Hawaii cases which had both made their way back to the Supreme Court. The court granted defendants' motion to stay on January 9, 2018. There were no further proceedings from January 2018 to June 2021.

Following President Biden’s revocation of the travel ban EOs on his Inauguration Day (January 20, 2021), the parties submitted a joint stipulation of dismissal on June 25, 2021. Accordingly, District Judge Trenga signed an order dismissing the case on the same day.

This case is closed.

Summary Authors

Jamie Kessler (1/20/2018)

Virginia Weeks (9/15/2017)

Eva Richardson (4/22/2019)

Esteban Woo Kee (8/8/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4576796/parties/sarsour-v-trump/


Judge(s)

Davis, Ivan D. (Virginia)

Trenga, Anthony John (Virginia)

Attorneys(s) for Plaintiff

Abbas, Gadeir Ibrahim (District of Columbia)

Akeel, Shereef H (Michigan)

Masri, Lena F (Michigan)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Garg, Arjun (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Rosenberg, Brad P. (District of Columbia)

Judge(s)

Davis, Ivan D. (Virginia)

Trenga, Anthony John (Virginia)

Attorneys(s) for Plaintiff

Abbas, Gadeir Ibrahim (District of Columbia)

Akeel, Shereef H (Michigan)

Masri, Lena F (Michigan)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Garg, Arjun (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Rosenberg, Brad P. (District of Columbia)

Schwei, Daniel (District of Columbia)

Soskin, Eric J. (District of Columbia)

Tyler, John Russell (District of Columbia)

Other Attorney(s)

Barghaan, Dennis C. (Virginia)

Boente, Dana J. (District of Columbia)

Go, Samuel P. (District of Columbia)

Documents in the Clearinghouse

Document

1:17-cv-00120

Docket [PACER]

June 25, 2021

June 25, 2021

Docket
1

1:17-cv-00120

Complaint for Injunctive and Declaratory Relief and Jury Demand

Jan. 30, 2017

Jan. 30, 2017

Complaint
13

1:17-cv-00120

Plaintiffs' Emergency Motion for Temporary Restraining Order and/or Preliminary Injunction

March 13, 2017

March 13, 2017

Pleading / Motion / Brief
11

1:17-cv-00120

Amended Complaint

March 13, 2017

March 13, 2017

Complaint
22

1:17-cv-00120

Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction

March 17, 2017

March 17, 2017

Pleading / Motion / Brief
27

1:17-cv-00120

Amicus Curiae Brief from Professor Victor Williams of the America First Lawyers Association, in Support of President Donald Trump

March 17, 2017

March 17, 2017

Pleading / Motion / Brief
30

1:17-cv-00120

Notice of Additional Authority

March 20, 2017

March 20, 2017

Notice Letter
36

1:17-cv-00120

Memorandum Opinion [ Plaintiffs’ emergency motion for TRO and/or PI]

245 F.Supp.3d 719, 2017 WL 1113305

March 24, 2017

March 24, 2017

Order/Opinion
41

1:17-cv-00120

Consent Motion to Stay the Proceedings

April 21, 2017

April 21, 2017

Pleading / Motion / Brief
48

1:17-cv-00120

Second Amended Complaint for Injunctive and Declaratory Relief and Jury Demand

Dec. 26, 2017

Dec. 26, 2017

Complaint

Resources

Title Description External URL Date / External URL

Proclamation 10141 of January 20, 2021: Ending Discriminatory Bans on Entry to the United States

President Joseph R. Biden

This Proclamation revoked Executive Order 13780 of March 6, 2017, Proclamation 9645 of September 24, 2017, Proclamation 9723 of April 10, 2018, and Proclamation 9983 of January 31, 2020, all of which… Jan. 20, 2021

Jan. 20, 2021

https://www.federalregister.gov/...

Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities

United States

Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities Oct. 24, 2017

Oct. 24, 2017

https://www.federalregister.gov/...

Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats

President Donald Trump

Sept. 24, 2017

Sept. 24, 2017

https://www.federalregister.gov/...

Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence

Donald Trump

This memorandum provides guidance for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence in light of two preliminary injunctio… June 14, 2017

June 14, 2017

https://trumpwhitehouse.archives.gov/...

Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States

President Donald Trump

In light of the Ninth Circuit's observation that the political branches are better suited to determine the appropriate scope of any suspensions than are the courts, and in order to avoid spending add… March 6, 2017

March 6, 2017

https://www.federalregister.gov/...

Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States

President Donald Trump

This Executive Order restricted travel, immigration, and visas for people from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen, and put the U.S. refugee program on hold for 120 days. Jan. 27, 2017

Jan. 27, 2017

https://www.gpo.gov/...

Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security

Donald F. McGahn II, Counsel to the President

This memo states that the Executive Order on refugees etc. does not apply to Legal Permanent Residents. Feb. 1, 2017

Feb. 1, 2017

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

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4576796/sarsour-v-trump/

Last updated June 6, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Director of National Intelligence, John F. Kelly, Donald J. Trump, U.S. Department of State (Filing fee $ 400, receipt number 0422-5353656), filed by Alia Salem, John Doe No. 5, Dawud Walid, John Doe No. 10, John Doe No. 1, John Doe No. 6, Linda Sarsour, John Doe No. 2, Imran Siddiqi, John Doe No. 7, Karen Dabdoub, Corey Saylor, John Doe No. 9, Jane Doe No. 1, Jane Doe No. 2, Rashida Tlaib, Hussam Ayloush, Adam Soltani, Julia Shearson, Namira Islam, John Doe No. 4, Basim Elkarra, Zahra Billoo, John Doe No. 8, Hassan Shibly, John Doe No. 3, Nihad Awad. (Attachments: # 1 Exhibit Exhibit Executive Order, # 2 Exhibit Exhibit EDVA TRO, # 3 Exhibit Exhibit EDNY TRO, # 4 Exhibit Exhibit WDWA TRO, # 5 Exhibit Exhibit EDCA TRO, # 6 Exhibit Exhibit EDMA TRO, # 7 Civil Cover Sheet)(jlan) (Entered: 01/30/2017)

1 Exhibit Exhibit Executive Order

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2 Exhibit Exhibit EDVA TRO

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3 Exhibit Exhibit EDNY TRO

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4 Exhibit Exhibit WDWA TRO

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5 Exhibit Exhibit EDCA TRO

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6 Exhibit Exhibit EDMA TRO

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7 Civil Cover Sheet

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Jan. 30, 2017

Jan. 30, 2017

RECAP
2

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

Feb. 3, 2017

Feb. 3, 2017

PACER
3

NOTICE of Hearing on Motion 2 MOTION to Intervene : Motion Hearing set for 2/24/2017 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (klau, ) (Entered: 02/06/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
4

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

Feb. 3, 2017

PACER
5

ORDER that the motions to Intervene 2 4 be, and the same hereby are, DENIED. ORDERED that the hearing on Grenadier's motion, currently scheduled for February 24, 2017 be, and the same hereby is, CANCELED (see order for details). Signed by District Judge Anthony J Trenga on 2/6/17. Copy mailed to pro se movants. (klau, ) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER
6

Proposed Summons by Nihad Awad, Hussam Ayloush, Zahra Billoo, Karen Dabdoub, Basim Elkarra, Janice Wolk Grenadier, Namira Islam, Jane Doe No. 1, Jane Doe No. 2, John Doe No. 1, John Doe No. 10, John Doe No. 3, John Doe No. 4, John Doe No. 5, John Doe No. 6, John Doe No. 7, John Doe No. 8, John Doe No. 9, Raquel Okyay, Alia Salem, Linda Sarsour, Corey Saylor, Julia Shearson, Hassan Shibly, Imran Siddiqi, Adam Soltani, Rashida Tlaib. (Attachments: # 1 Exhibit Cover Letter)(Abbas, Gadeir) (Entered: 02/07/2017)

1 Exhibit Cover Letter

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Feb. 7, 2017

Feb. 7, 2017

PACER
7

Summons Issued for service by Certified Mail as to Donald J. Trump, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Print out one electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice to Attorney)(klau, ) (Entered: 02/08/2017)

1 Notice to Attorney

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Feb. 8, 2017

Feb. 8, 2017

PACER

Notice of Correction

Feb. 8, 2017

Feb. 8, 2017

PACER

Notice of Correction re 6 Proposed Summons, An incomplete summons for defendant John F. Kelly was filed. The filing user has been notified to refile the document. (klau, )

Feb. 8, 2017

Feb. 8, 2017

PACER
8

MOTION to Intervene Pursuant to F.R.C.P.24 by Vincent A. Molino. (Told to Notice) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(klau, ) Modified text on 2/28/2017 (klau, ). (Entered: 02/28/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Feb. 27, 2017

Feb. 27, 2017

PACER
9

Summons Issued for service by Certified Mail as to John F. Kelly, NOTICE TO ATTORNEY: Print out ONE electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice to Attorney)(klau, ) (Entered: 02/28/2017)

1 Notice to Attorney

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Feb. 28, 2017

Feb. 28, 2017

PACER
10

ORDER denying 8 Motion to Intervene (see order for details). Signed by District Judge Anthony J Trenga on 3/3/17. Copy mailed to Mr. Molino. (klau, ) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

RECAP
11

AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AND JURY DEMAND against Director of National Intelligence, John F. Kelly, Donald J. Trump, U.S. Department of State, filed by Alia Salem, John Doe No. 5, John Doe No. 10, John Doe No. 1, John Doe No. 6, Linda Sarsour, Imran Siddiqi, John Doe No. 7, Karen Dabdoub, Corey Saylor, Jane Doe No. 1, John Doe No. 9, Jane Doe No. 2, Rashida Tlaib, Hussam Ayloush, Adam Soltani, Julia Shearson, Namira Islam, John Doe No. 4, Basim Elkarra, Zahra Billoo, John Doe No. 8, Hassan Shibly, John Doe No. 3, Nihad Awad. (Attachments: # 1 Exhibit First Muslim Ban, # 2 Exhibit Revised Muslim Ban, # 3 Exhibit 9th Circuit Decision Upholding Nationwide Injunction, # 4 Exhibit EDNY Injunction, # 5 Exhibit EDVA Injunction, # 6 Exhibit WDWA Injunction, # 7 Exhibit EDCA Injunction, # 8 Exhibit EDMA Injunction)(Abbas, Gadeir) (Entered: 03/13/2017)

1 Exhibit First Muslim Ban

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2 Exhibit Revised Muslim Ban

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3 Exhibit 9th Circuit Decision Upholding Nationwide Injunction

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4 Exhibit EDNY Injunction

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5 Exhibit EDVA Injunction

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6 Exhibit WDWA Injunction

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7 Exhibit EDCA Injunction

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8 Exhibit EDMA Injunction

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March 13, 2017

March 13, 2017

RECAP

Notice of Correction

March 13, 2017

March 13, 2017

PACER
12

MOTION for Protective Order and to Keep the Names of the John and Jane Doe Doe Plaintiffs Under Seal by Jane Doe No. 1, Jane Doe No. 2, John Doe No. 1, John Doe No. 10, John Doe No. 3, John Doe No. 4, John Doe No. 5, John Doe No. 6, John Doe No. 7, John Doe No. 8, John Doe No. 9. (Attachments: # 1 Exhibit A - Donald J. Trump Statement on Preventing Muslim Immigration, # 2 Exhibit V - First Muslim Ban, # 3 Exhibit W - Revised Muslim Ban, # 4 Exhibit Z -)(Abbas, Gadeir) (Entered: 03/13/2017)

1 Exhibit A - Donald J. Trump Statement on Preventing Muslim Immigration

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2 Exhibit V - First Muslim Ban

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3 Exhibit W - Revised Muslim Ban

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4 Exhibit Z -

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March 13, 2017

March 13, 2017

PACER
13

Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction by Hussam Ayloush, Basim Elkarra, John Doe No. 3, John Doe No. 5, John Doe No. 6, John Doe No. 7, John Doe No. 8, Adam Soltani. (Attachments: # 1 Exhibit A, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G, # 5 Exhibit I, # 6 Exhibit J, # 7 Exhibit L, # 8 Exhibit M, # 9 Exhibit N, # 10 Exhibit O, # 11 Exhibit P, # 12 Exhibit R, # 13 Exhibit S, # 14 Exhibit T, # 15 Exhibit U, # 16 Exhibit V, # 17 Exhibit W, # 18 Exhibit X, # 19 Exhibit Y, # 20 Exhibit Z, # 21 Exhibit AA)(Abbas, Gadeir) (Entered: 03/13/2017)

1 Exhibit A

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2 Exhibit E

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3 Exhibit F

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4 Exhibit G

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5 Exhibit I

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6 Exhibit J

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7 Exhibit L

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8 Exhibit M

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9 Exhibit N

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10 Exhibit O

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11 Exhibit P

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12 Exhibit R

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13 Exhibit S

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14 Exhibit T

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15 Exhibit U

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16 Exhibit V

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17 Exhibit W

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18 Exhibit X

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19 Exhibit Y

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20 Exhibit Z

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21 Exhibit AA

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March 13, 2017

March 13, 2017

RECAP
14

Notice of Hearing Date re 13 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction (Abbas, Gadeir) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

RECAP

Set Motion and R&R Deadlines/Hearings

March 13, 2017

March 13, 2017

PACER
15

NOTICE of Appearance by Dennis Carl Barghaan, Jr on behalf of Director of National Intelligence, John F. Kelly, Donald J. Trump, U.S. Department of State (Barghaan, Dennis) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

PACER
16

MOTION to Continue Hearing Until Friday, March 17, 2017 by Director of National Intelligence, John F. Kelly, Donald J. Trump, U.S. Department of State. (Barghaan, Dennis) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

RECAP

Notice of Correction re 12 MOTION for Protective Order and to Keep the Names of the John and Jane Doe Doe Plaintiffs Under Seal. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument.(gwalk, )

March 13, 2017

March 13, 2017

PACER

Set Deadlines as to 13 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction. Motion Hearing set for 3/15/2017 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, )

March 13, 2017

March 13, 2017

PACER

Reset Deadlines as to 13 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction. Motion Hearing set for 3/17/2017 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, )

March 13, 2017

March 13, 2017

PACER
17

ORDER granting 16 Motion to Continue. The hearing on Defendants' Motion currently scheduled for March 13, 2017 be, and the same hereby is, CONTINUED to Tuesday, March 21, 2017 at 10 a.m.; and it is further ORDERED that Defendants file their opposition brief no later than Friday, March 17, 2017 at 12 p.m. noon. Signed by District Judge Anthony J Trenga on 03/13/2017. (dvanm, ) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

RECAP

Reset Deadlines as to 13 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction. Motion Hearing set for 3/21/2017 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (dvanm, )

March 13, 2017

March 13, 2017

PACER
18

Certificate of Service Returned Executed by Certified mail as to U.S. Attorney, Attorney General and Donald Trump (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Letter)(klau, ) (Entered: 03/15/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Letter

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March 13, 2017

March 13, 2017

PACER
19

Certificate of Service Returned Executed by Certified Mail as to John Kelly. (copy) (klau, ) (Entered: 03/15/2017)

March 13, 2017

March 13, 2017

PACER
20

Motion to appear Pro Hac Vice by Shereef Akeel and Certification of Local Counsel Gadeir Abbas Filing fee $ 75, receipt number 0422-5427784. by Nihad Awad, Hussam Ayloush, Zahra Billoo, Karen Dabdoub, Basim Elkarra, Janice Wolk Grenadier, Namira Islam, Jane Doe No. 1, Jane Doe No. 2, John Doe No. 1, John Doe No. 10, John Doe No. 2, John Doe No. 3, John Doe No. 4, John Doe No. 5, John Doe No. 6, John Doe No. 7, John Doe No. 8, John Doe No. 9, Vincent A. Molino, Raquel Okyay, Alia Salem, Linda Sarsour, Corey Saylor, Julia Shearson, Hassan Shibly, Imran Siddiqi, Adam Soltani, Rashida Tlaib, Dawud Walid. (Abbas, Gadeir) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
21

Motion to appear Pro Hac Vice by Lena Masri and Certification of Local Counsel Gadeir Abbas Filing fee $ 75, receipt number 0422-5428101. by Nihad Awad, Hussam Ayloush, Zahra Billoo, Karen Dabdoub, Basim Elkarra, Janice Wolk Grenadier, Namira Islam, Jane Doe No. 1, Jane Doe No. 2, John Doe No. 1, John Doe No. 10, John Doe No. 2, John Doe No. 3, John Doe No. 4, John Doe No. 5, John Doe No. 6, John Doe No. 7, John Doe No. 8, John Doe No. 9, Vincent A. Molino, Raquel Okyay, Alia Salem, Linda Sarsour, Corey Saylor, Julia Shearson, Hassan Shibly, Imran Siddiqi, Adam Soltani, Rashida Tlaib, Dawud Walid. (Abbas, Gadeir) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
22

Memorandum in Opposition re 13 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Director of National Intelligence, John F. Kelly, Donald J. Trump, U.S. Department of State. (Barghaan, Dennis) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

RECAP
23

MOTION for Leave to File a Brief Amicus Curiae, Raising Political Question Nonjusticiability, from Professor Victor Williams of the America First Lawyers Association, in Support of President Donald J. Trump by Victor Williams. (Attachments: # 1 Amicus Curiae Brief, # 2 Letter)(klau, ) (Entered: 03/17/2017)

1 Amicus Curiae Brief

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2 Letter

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March 17, 2017

March 17, 2017

PACER
27

Amicus Curiae Brief in Support of President Donald Trump filed by Victor Williams. (klau, ) Modified on 3/20/2017 to correct filed date (klau, ). (Entered: 03/20/2017)

March 17, 2017

March 17, 2017

PACER
24

ORDER granting 21 Motion for Pro hac vice. Signed by District Judge Anthony J Trenga on 3/20/17. (klau, ) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
25

ORDER granting 20 Motion for Pro hac vice. Signed by District Judge Anthony J Trenga on 3/20/17. (klau, ) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
26

ORDER that 23 Motion for Leave to File a Brief Amicus Curiae be, and the same hereby is, GRANTED and Professor Williams' amicus brief is DEEMED filed as of March 17, 2017. Signed by District Judge Anthony J Trenga on 3/20/17. Copy mailed: yes (klau, ) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
28

NOTICE by Nihad Awad, Hussam Ayloush, Zahra Billoo, Karen Dabdoub, Basim Elkarra, Janice Wolk Grenadier, Namira Islam, Jane Doe No. 1, Jane Doe No. 2, John Doe No. 1, John Doe No. 10, John Doe No. 2, John Doe No. 3, John Doe No. 4, John Doe No. 5, John Doe No. 6, John Doe No. 7, John Doe No. 8, John Doe No. 9, Vincent A. Molino, Raquel Okyay, Alia Salem, Linda Sarsour, Corey Saylor, Julia Shearson, Hassan Shibly, Imran Siddiqi, Adam Soltani, Rashida Tlaib, Dawud Walid re 13 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction [new evidence] (Abbas, Gadeir) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

RECAP
29

Waiver of Oral Argument by Nihad Awad, Hussam Ayloush, Zahra Billoo, Karen Dabdoub, Basim Elkarra, Janice Wolk Grenadier, Namira Islam, Jane Doe No. 1, Jane Doe No. 2, John Doe No. 1, John Doe No. 10, John Doe No. 2, John Doe No. 3, John Doe No. 4, John Doe No. 5, John Doe No. 6, John Doe No. 7, John Doe No. 8, John Doe No. 9, Vincent A. Molino, Raquel Okyay, Alia Salem, Linda Sarsour, Corey Saylor, Julia Shearson, Hassan Shibly, Imran Siddiqi, Adam Soltani, Rashida Tlaib, Dawud Walid (Abbas, Gadeir) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

RECAP
30

NOTICE by Director of National Intelligence, John F. Kelly, Donald J. Trump, U.S. Department of State of Additional Authority (Barghaan, Dennis) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

RECAP
31

NOTICE by Nihad Awad, Hussam Ayloush, Zahra Billoo, Karen Dabdoub, Basim Elkarra, Namira Islam, Jane Doe No. 1, Jane Doe No. 2, John Doe No. 1, John Doe No. 10, John Doe No. 2, John Doe No. 3, John Doe No. 4, John Doe No. 5, John Doe No. 6, John Doe No. 7, John Doe No. 8, John Doe No. 9, Alia Salem, Linda Sarsour, Corey Saylor, Julia Shearson, Hassan Shibly, Imran Siddiqi, Adam Soltani, Rashida Tlaib, Dawud Walid (Abbas, Gadeir) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

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32

Minute Entry for proceedings held before District Judge Anthony J Trenga:Motion Hearing held on 3/21/2017. Appearances of counsel. Pltfs' 13 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction is argued in open court and TAKEN UNDER ADVISEMENT. (Court Reporter R. Wilson.)(yguy) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

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ORDER granting 12 Plaintiffs' Motion for Protective Order and to Keep the Names of the John and Jane Doe Doe Plaintiffs Under Seal. Signed by Magistrate Judge Ivan D. Davis on 3/23/17. (klau, ) (Entered: 03/23/2017)

March 23, 2017

March 23, 2017

PACER
34

NOTICE by Director of National Intelligence, John F. Kelly, Donald J. Trump, U.S. Department of State of Fourth Circuit Briefing Schedule (Barghaan, Dennis) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
35

NOTICE by Director of National Intelligence, John F. Kelly, Donald J. Trump, U.S. Department of State of Fourth Circuit Briefing Schedule (amended to include attachment) (Attachments: # 1 Fourth Circuit Briefing Order)(Barghaan, Dennis) (Entered: 03/24/2017)

1 Fourth Circuit Briefing Order

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March 24, 2017

March 24, 2017

PACER
36

MEMORANDUM OPINION re Emergency Motion for Temporary Restraining Order and/or Preliminary Injunction. Signed by District Judge Anthony J Trenga on 3/24/17. (klau, ) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

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ORDER that Plaintiffs' 13 Emergency Motion for Temporary Restraining Order and/or Preliminary Injunction be, and the same hereby is, DENIED. Signed by District Judge Anthony J Trenga on 3/24/17. (klau, ) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

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Consent MOTION for Extension of Time to File Answer or Other Initial Response by Director of National Intelligence, John F. Kelly, Donald J. Trump, U.S. Department of State. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 04/07/2017)

1 Proposed Order

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April 7, 2017

April 7, 2017

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39

ORDER: Presently pending before the Court is Defendants' Consent Motion for Extension of Time to File Answer [Doc. No. 38] (the "Motion"). Upon consideration of the Motion and the memorandum in support thereof, it is herebyORDERED that the Motion [Doc. No. 38] be, and the same hereby is, GRANTED andthat Defendants shall answer or otherwise respond to Plaintiffs' Amended Complaint no later than April 24, 2017. Signed by District Judge Anthony J Trenga on 4/10/17. (yguy) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

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40

TRANSCRIPT of proceedings held on March 21, 2017, before Judge Anthony J. Trenga, Court Reporter/Transcriber Renecia Wilson, Telephone number,703-501-1580. 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/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 5/15/2017. Redacted Transcript Deadline set for 6/13/2017. Release of Transcript Restriction set for 7/12/2017.(wilson, renecia) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

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41

Consent MOTION to Stay the Proceedings by Director of National Intelligence, John F. Kelly, Donald J. Trump, U.S. Department of State. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 04/21/2017)

1 Proposed Order

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April 21, 2017

April 21, 2017

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ORDER granting 41 Consent Motion to Stay. ORDERED that all proceedings in this matter are hereby stayed until further order of the Court. Signed by District Judge Anthony J Trenga on 4/24/17. (klau, ) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

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43

ORDER that the previously imposed stay in this matter [Doc. No. 42] be, and the same hereby is, CONTINUED pending the outcome of the appeal before the U.S. Supreme Court, styled Trump v. Int'l Refugee Assistance Project. Signed by District Judge Anthony J Trenga on 8/18/17. (klau, ) (Entered: 08/21/2017)

Aug. 18, 2017

Aug. 18, 2017

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44

ORDER that within 10 days of this Order, the parties file written submissions to show cause, if any there be, why this case should not be dismissed as moot. Signed by District Judge Anthony J Trenga on 10/25/17. (klau, ) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

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45

Response to 44 Order filed by Director of National Intelligence, John F. Kelly, Donald J. Trump, U.S. Department of State. (Barghaan, Dennis) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
46

Response to Show Cause Order filed by Nihad Awad, Hussam Ayloush, Zahra Billoo, Karen Dabdoub, Basim Elkarra, Janice Wolk Grenadier, Namira Islam, Jane Doe No. 1, Jane Doe No. 2, John Doe No. 1, John Doe No. 10, John Doe No. 2, John Doe No. 3, John Doe No. 4, John Doe No. 5, John Doe No. 6, John Doe No. 7, John Doe No. 8, John Doe No. 9, Vincent A. Molino, Raquel Okyay, Alia Salem, Linda Sarsour, Corey Saylor, Julia Shearson, Hassan Shibly, Imran Siddiqi, Adam Soltani, Rashida Tlaib, Dawud Walid. (Abbas, Gadeir) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

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47

ORDER that the stay previously imposed be, and the same hereby is, LIFTED for the limited purpose of allowing Plaintiffs leave to file an amended or supplemental complaint within forty-five days of the date of this Order. ORDERED that in the event that Plaintiffs timely file an amended or supplemental complaint, the stay is lifted in its entirely and the case shall proceed in accordance with the applicable rules and procedures. ORDERED that if Plaintiffs do not timely file an amended or supplemental complaint, the action shall be dismissed as moot. Signed by District Judge Anthony J Trenga on 11/9/17. (klau, ) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

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48

AMENDED COMPLAINT against All Defendants, filed by John Doe No. 5, Raquel Okyay, Dawud Walid, John Doe No. 10, John Doe No. 1, Linda Sarsour, John Doe No. 2, Karen Dabdoub, John Doe No. 9, Jane Doe No. 1, Jane Doe No. 2, Vincent A. Molino, Julia Shearson, John Doe No. 4, John Doe No. 8, Hassan Shibly, Alia Salem, John Doe No. 6, John Doe No. 7, Imran Siddiqi, Corey Saylor, Janice Wolk Grenadier, Rashida Tlaib, Hussam Ayloush, Adam Soltani, Namira Islam, Basim Elkarra, Zahra Billoo, John Doe No. 3, Nihad Awad.(Abbas, Gadeir) (Entered: 12/26/2017)

Dec. 26, 2017

Dec. 26, 2017

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49

Joint MOTION to Stay by Director of National Intelligence, John F. Kelly, Donald J. Trump, U.S. Department of State. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 01/05/2018)

1 Proposed Order

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Jan. 5, 2018

Jan. 5, 2018

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ORDER granting 49 Motion to Stay. ORDERED that all proceedings in this action be, and the same hereby are, STAYED until further order of the Court. The Clerk is directed to place this matter on the inactive docket. Signed by District Judge Anthony J Trenga on 1/9/18. (klau, ) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

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STIPULATION of Dismissal (Joint) by Director of National Intelligence, Donald J. Trump, U.S. Department of State. (Barghaan, Dennis) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

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So Ordered re 51 Joint Stipulation of Dismissal with all parties to bear their own costs, including any possible attorneys' fees or other expenses of this litigation filed by U.S. Department of State, Director of National Intelligence, Donald J. Trump. Signed by District Judge Anthony J Trenga on 6/25/21. (klau, ) Modified on 6/25/2021 (c/m on 6/25/21) (klau, ). (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Jan. 30, 2017

Closing Date: June 25, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Named plaintiffs were a group of Muslim American activists and political leaders. The original complaint also listed 12 anonymous plaintiffs residing in the US with varied immigration status who would not be able to leave and re-enter the US as a result of the travel ban.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Council on American-Islamic Relations (CAIR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

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

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

Office of the Director of National Intelligence (Washington D.C.), Federal

Case Details

Causes of Action:

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Establishment Clause

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None yet

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Impact

Disparate Treatment

Religious programs / policies

Terrorism/Post 9-11 issues

Discrimination-basis:

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Constitutional rights

Deportation - procedure

Refugees

Visas - criteria

Visas - procedures