Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: Arab American Civil Rights League (ACRL) v. Trump

2:17-cv-10310 | U.S. District Court for the Eastern District of Michigan

Filed Date: Jan. 31, 2017

Closed Date: March 11, 2021

Clearinghouse coding complete

Case Summary

On January 31, 2017, the Arab American Civil Rights League (ACLR) and seven of its individual members filed this lawsuit in the U.S. District Court for the Eastern District of Michigan (in Detroit). The plaintiffs sued President Trump, the Department of Homeland Security, and U.S. Customs and Border Protection under the Declaratory Judgment Act (28 U.S.C. §2201), the Administrative Procedures Act (5 U.S.C. §5), and the Religious Freedom Restoration Act. They claimed that President Trump’s execu…

On January 31, 2017, the Arab American Civil Rights League (ACLR) and seven of its individual members filed this lawsuit in the U.S. District Court for the Eastern District of Michigan (in Detroit). The plaintiffs sued President Trump, the Department of Homeland Security, and U.S. Customs and Border Protection under the Declaratory Judgment Act (28 U.S.C. §2201), the Administrative Procedures Act (5 U.S.C. §5), and the Religious Freedom Restoration Act. They claimed that President Trump’s executive order (EO) of January 27, 2017, which banned entry into the US of refugees and nationals of seven predominantly Muslim countries violated these statutes as well as their Fifth Amendment rights to procedural due process, substantive due process, and equal protection. They also claimed the EO violated the First Amendment’s Establishment Clause by giving preference to Christian over Muslim refugees. The case was assigned to District Judge Victoria Roberts who referred proceedings to Magistrate Judge Stephanie Dawkins Davis.

On February 2, 2017, the same day that the plaintiffs filed a motion for a temporary restraining order (TRO), the court entered a permanent injunction barring the United States from applying Sections 3(c) and 3(e) of the Jan. 27, 2017 EO against lawful permanent residents of the United States. The plaintiffs subsequently withdrew their motion for a TRO, citing changed circumstances created by the entry of a nationwide TRO in State of Washington v. Trump. However, the plaintiffs continued to pursue a permanent injunction guaranteeing them the ability to travel outside the country and re-enter in the future.

Following President Trump’s replacement of the January 27 EO with a narrower EO on March 6, 2017, the plaintiffs filed an amended complaint arguing that this new EO was also discriminatory. Since the new EO definitively excluded lawful permanent residents from its scope, the plaintiffs filed a notice of voluntary dismissal on behalf of those plaintiffs who were lawful permanent residents.

Because a third iteration of the EO was issued on September 24, 2017, the district court allowed the plaintiffs to file another amended complaint. The plaintiffs filed their third amended complaint on September 13, 2018, arguing that the third EO violated the Establishment Clause, the First Amendment right to freedom of speech and association, and the Fifth Amendment equal protection guarantee. In this complaint, the ACLR was joined by the ACLU of Michigan, the American Arab Chamber of Commerce, the Arab American and Chaldean Council, the Arab American Studies Association, and five named plaintiffs. The plaintiffs sought to represent a class of all individuals in the US whose ability to reunify with family members who are citizens of the “designated countries” (Iran, Libya, Somalia, Syria, and Yemen) was interfered with by the renewed executive order. The amended complaint dropped the procedural and substantive due process claims, focusing instead on how the EO violated the Establishment Clause, equal protection, and the rights to freedom of speech and association. In addition to the defendants from the first complaint, the third amended complaint also named U.S. Citizenship and Immigration Services, the State Department, the Department of Justice, and the Office of the Director of National Intelligence as defendants. The plaintiffs sought the following relief: 1) a permanent injunction prohibiting the defendants from implementing or enforcing the third EO against nationals of the designated countries; 2) a judgment declaring the third EO as unlawful and invalid; and 3) attorney’s fees and costs pursuant to the Equal Access to Justice Act.

The government filed a motion to dismiss the third amended complaint on October 15, 2018. The plaintiffs filed a reply brief to this motion on November 19, 2018. More than half a year later, on July 10, 2019, District Judge Roberts issued an order and opinion denying the government’s motion to dismiss. Judge Roberts held that the complaint sufficiently pleaded a claim that the third EO violated the Establishment Clause, the First Amendment’s protections of speech and association, and the Fifth Amendment’s guarantee of Equal Protection. 399 F. Supp. 3d. 717.

On July 23, 2019, the government moved for certification of the district court’s July 10 order so that the decision could be appealed to the Sixth Circuit Court of Appeals; the government also requested a stay of discovery pending resolution of the appeal. The government filed an answer to the third amended complaint on July 31, 2019. On August 6, 2019, the plaintiffs replied to the motion for certification, arguing that the government had not met the standard for a certificate of appealability and that a stay of discovery was not warranted. District Judge Roberts granted the defendant’s motion for certification but denied their motion to stay discovery on November 1, 2019. 2019 WL 5684371.

With the denial of their motion to dismiss certified, the government filed an appeal in the Sixth Circuit and asked the court of appeals to order the district court to stay proceedings pending resolution of the interlocutory appeal. In a November 26, 2019, order issued by Chief Judge Jeffrey Sutton and Circuit Judges Karen Nelson Moore and John Nalbandian, the court of appeals permitted an appeal on the denial of the motion to dismiss and ordered the district court to stay all proceedings, including discovery.

In the Sixth Circuit, the government filed its brief for the appeal on March 20, 2020, and the plaintiffs filed their brief on July 24. The court of appeals scheduled oral arguments for November 17, 2020. But before this could take place, on November 13, the court granted a November 10 motion by the plaintiffs to hold the case in abeyance until February 2, 2021. While the November 10, 2020, motion is not available on PACER, it was likely prompted by the news that Joseph Biden had won the 2020 presidential election and was planning on undoing a large number of President Trump’s executive orders. In addition to granting the motion to hold the case in abeyance, the Sixth Circuit ordered the plaintiffs' counsel to file a status report on settlement negotiations between the parties due on February 21, 2021.

Counsel for the plaintiffs filed the status report on February 1, 2021, and informed the Sixth Circuit that the parties agreed the appeal and the underlying lawsuit were moot because President Biden revoked the EO at issue on his first day in office, January 20, 2021. The parties filed a joint motion to dismiss the appeal as moot without prejudice and to remand the case to the distinct court with instructions to dismiss on February 8. Two days later, on February 10, 2021, Circuit Judges Raymond Kethledge, Bernice Donald, and Joan Larsen entered an order granting the joint motion to dismiss the appeal and remanded the case to the district court with instructions to dismiss as moot. Additionally, the three-judge panel vacated the July 10, 2019 denial of the defendants’ motion to dismiss stating that “mootness precludes us from reviewing the merits of that order.” The plaintiffs petitioned for a rehearing on the order to vacate in front of the original Sixth Circuit panel of Sutton, Moore, and Nalbandian, but this was denied on March 11, 2021, by Kethledge, Donald, and Larsen. This ended the case.

Summary Authors

Julie Aust (2/24/2017)

Jamie Kessler (11/21/2017)

Taylor Brook (3/22/2018)

Eva Richardson (4/23/2019)

Kevin Longhany (11/1/2019)

Esteban Woo Kee (7/10/2021)

Related Cases

Washington & Minnesota v. Trump, Western District of Washington (2017)

Hawaii v. Trump, District of Hawaii (2017)

International Refugee Assistance Project (“IRAP”) v. Trump, District of Maryland (2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4579300/parties/arab-american-civil-rights-league-v-donald-trump/


Judge(s)

Davis, Stephanie Dawkins (Michigan)

Moore, Karen Nelson (Ohio)

Nalbandian, John Baylor (Ohio)

Roberts, Victoria A. (Michigan)

Sutton, Jeffrey S. (Ohio)

Attorneys(s) for Plaintiff

Aoun, Rula (Michigan)

Aukerman, Miriam (Michigan)

Ayad, Nabih H (Michigan)

Bagenstos, Samuel R. (District of Columbia)

Benson, Frederick C. (District of Columbia)

Judge(s)

Davis, Stephanie Dawkins (Michigan)

Moore, Karen Nelson (Ohio)

Nalbandian, John Baylor (Ohio)

Roberts, Victoria A. (Michigan)

Sutton, Jeffrey S. (Ohio)

Attorneys(s) for Plaintiff

Aoun, Rula (Michigan)

Aukerman, Miriam (Michigan)

Ayad, Nabih H (Michigan)

Bagenstos, Samuel R. (District of Columbia)

Benson, Frederick C. (District of Columbia)

Cavataro, Benjamin L. (District of Columbia)

Dakhlallah, Kassem (Michigan)

Fadlallah, Mona (Michigan)

Farhat, Helal (Michigan)

Fried, Rachel L. (District of Columbia)

Hammoud, Ali (Michigan)

Korobkin, Daniel S. (Michigan)

Maskay, Nishchay H. (District of Columbia)

Moss, Kary L. (Michigan)

Murray, William J. (Pennsylvania)

Price, Ingrid L. (District of Columbia)

Qandah, Natalie C. (Michigan)

Raofield, Jason C. (District of Columbia)

Samona, Nida (Michigan)

Schlanger, Margo (District of Columbia)

Steffan, Taylor M. (District of Columbia)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Doroghazi, John (Connecticut)

Flentje, August E. (District of Columbia)

Peachey, William Charles (District of Columbia)

Press, Joshua S. (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Reuveni, Erez (District of Columbia)

Shinners, Katherine J. (District of Columbia)

Westwater, Gisela Ann (District of Columbia)

Yuh, Briana (District of Columbia)

Other Attorney(s)

Bergman, Andrew D. (Texas)

Chang, Robert S. (Washington)

Cicconi, Martine E. (District of Columbia)

Ellis, Abram J. (District of Columbia)

Fang, Jerry (New York)

Freiman, Jonathan Marc (Connecticut)

Goodman, William Harry (Michigan)

Hayes, Dina M. (Illinois)

Huq, Aziz (California)

Johnson, Robert Alan (New York)

Koh, Harold H. (Connecticut)

Martel, Jonathan (District of Columbia)

Metcalf, Hope R. (Connecticut)

Mittelman, Reena (New York)

Roseman, Daniella (New York)

Rosen, Elizabeth C. (New York)

Shah, Pratik A. (District of Columbia)

Smith, Johnathan James (California)

Thomas, Kim (Michigan)

Townsend, Tahlia (Connecticut)

Turner, Alan C. (New York)

Ware, Anton (California)

Weisel, Jessica M. (California)

Yan, Patricia (New York)

Documents in the Clearinghouse

Document

2:17-cv-10310

Docket [PACER]

Arab American Civil Rights League v. Trump

March 11, 2021

March 11, 2021

Docket
1

2:17-cv-10310

Complaint for Declaratory and Injunctive Relief

Arab American Civil Rights League v. Trump

Jan. 31, 2017

Jan. 31, 2017

Complaint
8

2:17-cv-10310

Order Regarding Plaintiffs' Motion for Temporary Restraining Order

Arab American Civil Rights League v. Trump

Feb. 2, 2017

Feb. 2, 2017

Order/Opinion
7

2:17-cv-10310

Notice of Relevant Authority

Arab American Civil Rights League v. Trump

Feb. 2, 2017

Feb. 2, 2017

Notice Letter
5

2:17-cv-10310

Ex-Parte Motion for Temporary Restraining Order

Arab American Civil Rights League v. Trump

Feb. 2, 2017

Feb. 2, 2017

Pleading / Motion / Brief
15

2:17-cv-10310

Motion to Dissolve Injunction and Amend order Regarding Plaintiffs' Motion for Temporary Restraining Order [Doc.8]

Arab American Civil Rights League v. Trump

Feb. 6, 2017

Feb. 6, 2017

Pleading / Motion / Brief
20

2:17-cv-10310

Plaintiffs' Opposition to Motion to Dissolve Injunction

Arab American Civil Rights League v. Trump

Feb. 7, 2017

Feb. 7, 2017

Pleading / Motion / Brief
20

2:17-cv-10310

Plaintiffs' Opposition to Motion to Dissolve Injunction

Arab American Civil Rights League v. Trump

Feb. 7, 2017

Feb. 7, 2017

Pleading / Motion / Brief
24

2:17-cv-10310

Defendants' Opposition to Plaintiffs' Request for a Preliminary Injunction

ACRL v. Trump

Feb. 8, 2017

Feb. 8, 2017

Pleading / Motion / Brief
28

2:17-cv-10310

Plaintiffs' Notice of Withdrawal of Motion for Temporary Restraining Order

Arab American Civil Rights League v. Trump

Feb. 9, 2017

Feb. 9, 2017

Pleading / Motion / Brief

Resources

Title Description External URL Date / External URL

Donald Trump's Muslim Ban

ACLU Michigan

When campaigning for president, Donald Trump called for a ban on Muslims entering the United States. In January 2017, one week after his inauguration, President Trump banned travel for immigrants fro… Jan. 1, 2021

Jan. 1, 2021

https://www.aclumich.org/...

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 (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/...

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/4579300/arab-american-civil-rights-league-v-donald-trump/

Last updated Nov. 21, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Arab American Civil Rights League against Donald Trump. Plaintiff requests summons issued. Receipt No: 0645-6068348 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit) (Ayad, Nabih) (Entered: 01/31/2017)

1 Exhibit

View on PACER

Jan. 31, 2017

Jan. 31, 2017

RECAP
2

SUMMONS Issued for *Department of Homeland Security, John Kelly, Kevin McAleenan, Donald Trump, U.S. Customs and Border Protection* (LHos) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
3

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (LHos) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

Jan. 31, 2017

Jan. 31, 2017

PACER

Addition of Parties to CM/ECF: Plaintiffs Samir Almasmari, Sabah Almasmary, Hana Almasmari, Atik Mounira, Walid Jammoul, Abubaker Abbass, Defendants Department of Homeland Security, U.S. Customs and Border Protection, John Kelly, Kevin McAleenan. Reason: The party was not added to CM/ECF when e-filing 1 Complaint,, Plaintiff requests summons issued. (Ayad, Nabih)

Jan. 31, 2017

Jan. 31, 2017

PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (LHos)

Jan. 31, 2017

Jan. 31, 2017

PACER

Notice of Error

Jan. 31, 2017

Jan. 31, 2017

PACER

NOTICE of Error directed to: Nabih H. Ayad re 1 Complaint,,. Parties listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (LHos)

Jan. 31, 2017

Jan. 31, 2017

PACER

Addition of Parties

Jan. 31, 2017

Jan. 31, 2017

PACER
4

NOTICE of Appearance by Kassem M. Dakhlallah on behalf of Arab American Civil Rights League. (Dakhlallah, Kassem) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
5

Ex Parte MOTION for Temporary Restraining Order by All Plaintiffs. (Ayad, Nabih) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

RECAP
6

NOTICE of Appearance by Gisela Westwater on behalf of All Defendants. (Westwater, Gisela) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
7

NOTICE of Relevant Authority by All Defendants (Attachments: # 1 Memorandum from Counsel to the President) (Westwater, Gisela) Modified on 2/3/2017 (LHos). (Entered: 02/02/2017)

1 Memorandum from Counsel to the President

View on RECAP

Feb. 2, 2017

Feb. 2, 2017

RECAP
8

ORDER Regarding Plaintiffs' 5 Motion for Temporary Restraining Order. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

RECAP

Minute Entry for proceedings before District Judge Victoria A. Roberts: Telephonic Status Conference held on 2/2/2017 (Court Reporter: Janice Coleman) (CPin)

Feb. 2, 2017

Feb. 2, 2017

PACER

Status Conference

Feb. 2, 2017

Feb. 2, 2017

PACER
9

NOTICE of Appearance by Natalie C. Qandah on behalf of Arab American Civil Rights League. (Qandah, Natalie) Modified on 2/3/2017 (LHos).[DOCUMENT IS AN APPEARANCE FOR MONA FADLALLAH AND NATALIE QANDAH. ADVISED MS. FADLALLAH TO FILE AN APPEARANCE USING HER LOGIN] (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
10

NOTICE of Appearance by Briana Yuh on behalf of All Defendants. (Yuh, Briana) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
11

ORDER Setting Briefing Schedule and Hearing on Motion for Temporary Restraining Order: Amended Complaint due by 2/5/17; Response due by 2/7/2017; Reply due by 2/9/2017; Motion Hearing set for 2/13/2017 at 9:00 AM before District Judge Victoria A. Roberts. Signed by District Judge Victoria A. Roberts. (see image for details and dates) (LVer) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
12

NOTICE of Appearance by Helal A. Farhat on behalf of All Plaintiffs. (Farhat, Helal) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
13

AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Ayad, Nabih) (Entered: 02/05/2017)

Feb. 5, 2017

Feb. 5, 2017

PACER
14

NOTICE of Appearance by Michael J. Steinberg on behalf of Hasan Al-Ahmed, Sahla Al-Talaqani. (Steinberg, Michael) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER
15

MOTION to Amend/Correct 8 Order on Motion for TRO, MOTION for Order to Dissolve Injunction by All Defendants. (Attachments: # 1 Proposed Order) (Yuh, Briana) (Entered: 02/06/2017)

1 Proposed Order

View on RECAP

Feb. 6, 2017

Feb. 6, 2017

RECAP

Set Deadlines as to 15 MOTION to Dissolve Injunction and Amend Order Regarding Plaintiffs' Motion for Temporary Restraining Order. Response due 2/7/2017 by 5:00 pm. (LVer)

Feb. 6, 2017

Feb. 6, 2017

PACER

Set Motion and R&R Deadlines/Hearings

Feb. 6, 2017

Feb. 6, 2017

PACER
16

NOTICE of Appearance by Mona Fadlallah on behalf of Arab American Civil Rights League. (Fadlallah, Mona) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
17

NOTICE of Appearance by Miriam J. Aukerman on behalf of Hasan Al-Ahmed, Sahla Al-Talaqani. (Aukerman, Miriam) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
18

STIPULATION re 11 Order Setting Hearing on Motion, by All Defendants (Yuh, Briana) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
19

ORDER Granting 18 Stipulation for One Day Enlargement of Time to File Response and Reply Briefs. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
20

RESPONSE to 15 MOTION to Amend/Correct 8 Order on Motion for TRO MOTION for Order to Dissolve Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1) (Ayad, Nabih) (Entered: 02/07/2017)

1 Exhibit Exhibit 1

View on RECAP

Feb. 7, 2017

Feb. 7, 2017

RECAP
21

MOTION for Extension of Time to File Response/Reply as to 20 Response to Motion to Dissolve Injunction by All Defendants. (Yuh, Briana) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
22

REPLY to Response re 15 MOTION to Amend/Correct 8 Order on Motion for TRO MOTION for Order to Dissolve Injunction filed by All Defendants. (Yuh, Briana) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

RECAP
23

ORDER granting 21 Motion for Extension of Time to File Response/Reply as to 20 Response to Motion to Dissolve Injunction Reply due by 10:00 AM 2/9/2017. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

RECAP
24

RESPONSE to 5 Ex Parte MOTION for Temporary Restraining Order filed by All Defendants. (Attachments: # 1 Exhibit 1) (Yuh, Briana) (Entered: 02/08/2017)

1 Exhibit 1

View on PACER

Feb. 8, 2017

Feb. 8, 2017

RECAP
25

MOTION for Leave to File Excess Pages by All Defendants. (Yuh, Briana) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
26

ERRATA Sheet re: 24 Response to Motion filed by Donald Trump, John Kelly, Kevin McAleenan, U.S. Customs and Border Protection, Department of Homeland Security. by All Defendants (Attachments: # 1 Defendants' Amended Opposition to Plaintiffs' Request for a Preliminary Injunction, # 2 Exhibit 1) (Yuh, Briana) (Entered: 02/08/2017)

1 Defendants' Amended Opposition to Plaintiffs' Request for a Prelimina

View on PACER

2 Exhibit 1

View on PACER

Feb. 8, 2017

Feb. 8, 2017

PACER
27

NOTICE of Appearance by Joshua S. Press on behalf of All Defendants. (Press, Joshua) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
28

NOTICE by All Plaintiffs of withdrawal of Motion for Temporary Restraining Order (Doc #5). (Ayad, Nabih) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

RECAP
29

ORDER granting 25 Motion for Leave to File Excess Pages. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
30

MOTION for Leave to File Brief of Amici Curiae by The Fred T. Korematsu Center for Law and Equality, Asian Americans Advancing Justice, National Native American Bar Association, South Asian Bar Association of North America. (Johnson, Robert) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
31

MOTION re 15 MOTION to Amend/Correct 8 Order on Motion for TRO MOTION for Order to Dissolve Injunction Status Update by All Defendants. (Yuh, Briana) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

RECAP

Text-Only Notice of Hearing Cancelled

Feb. 10, 2017

Feb. 10, 2017

PACER

TEXT-ONLY ORDER/NOTICE: Motion Hearing on 2/13/2017at 9:00 AM is Cancelled (CPin)

Feb. 10, 2017

Feb. 10, 2017

PACER
32

ORDER granting 31 Motion to File a Status Update. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

RECAP
33

NOTICE by All Defendants re 31 MOTION re 15 MOTION to Amend/Correct 8 Order on Motion for TRO MOTION for Order to Dissolve Injunction Status Update (Yuh, Briana) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

RECAP
34

ORDER Granting 30 Motion for Leave to File Amicus Brief. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
35

ORDER Requiring Response to Defendants' 33 Status Update. Signed by District Judge Victoria A. Roberts. (see image for details) (LVer) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
36

RESPONSE to 31 MOTION re 15 MOTION to Amend/Correct 8 Order on Motion for TRO MOTION for Order to Dissolve Injunction Status Update filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J) (Ayad, Nabih) (Entered: 02/20/2017)

1 Index of Exhibits

View on PACER

2 Exhibit Exhibit A

View on PACER

3 Exhibit Exhibit A

View on PACER

4 Exhibit Exhibit C

View on PACER

5 Exhibit Exhibit D

View on PACER

6 Exhibit Exhibit E

View on PACER

7 Exhibit Exhibit F

View on PACER

8 Exhibit Exhibit G

View on PACER

9 Exhibit Exhibit H

View on PACER

10 Exhibit Exhibit I

View on PACER

11 Exhibit Exhibit J

View on PACER

Feb. 20, 2017

Feb. 20, 2017

RECAP
37

EXHIBIT D Updated re 36 Response to Motion,, by All Plaintiffs (Ayad, Nabih) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
38

NOTICE by All Plaintiffs PLAINTIFFS NOTICE OF INTENT TO FILE AMENDED COMPLAINT (Ayad, Nabih) (Entered: 03/06/2017)

March 6, 2017

March 6, 2017

RECAP
39

NOTICE by All Defendants OF ISSUANCE OF NEW EXECUTIVE ORDER (Attachments: # 1 Exhibit 1) (Press, Joshua) (Entered: 03/06/2017)

1 Exhibit 1

View on PACER

March 6, 2017

March 6, 2017

PACER
40

NOTICE of Appearance by Jason C. Raofield on behalf of Hasan Al-Ahmed, Sahla Al-Talaqani. (Raofield, Jason) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

PACER
41

AMENDED COMPLAINT (Second) filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Attachments: # 1 Exhibit Notice of Filing of Second Amended Complaint, # 2 Exhibit Declaration in Support of Second Amended Complaint) (Raofield, Jason) (Entered: 03/16/2017)

1 Exhibit Notice of Filing of Second Amended Complaint

View on PACER

2 Exhibit Declaration in Support of Second Amended Complaint

View on PACER

March 16, 2017

March 16, 2017

RECAP
42

NOTICE of Voluntary Dismissal by All Plaintiffs as to Sahla Al-Talaqani, Naji Algahaim, Kokab Algazali, Hana Almasmari, Samir Almasmari, Sabah Almasmary, Yusra Alsoufi, Walid Jammoul, Atik Mounira, Shaika Shagera, Abubaker Abbass and Hasan Al-Ahmed (Raofield, Jason) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

RECAP
43

MOTION to Expedite Discovery by Abubaker Abbass, Yousef Abdullah, Hasan Al-Ahmed, Sahla Al-Talaqani, Naji Algahaim, Kokab Algazali, Hilal Alkatteeb, Hana Almasmari, Samir Almasmari, Sabah Almasmary, Hend Alshawaish, Salim Alshawish, Mohamed Alshega, Yusra Alsoufi, American Arab Chamber of Commerce, American Civil Liberties Union of Michigan, Arab American & Chaldean Council, Arab American Civil Rights League, Arab American Studies Association, Sofana Bella, Fahmi Jahaf, Walid Jammoul, Atik Mounira, SA, Adeeb Saleh, Shaika Shagera. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A- Document Requests, # 3 Exhibit B- Interrogatories, # 4 Exhibit C- Declaration 1 of 2, # 5 Document Continuation C- Declaration 2 of 2) (Raofield, Jason) (Entered: 03/16/2017)

1 Index of Exhibits

View on PACER

2 Exhibit A- Document Requests

View on PACER

3 Exhibit B- Interrogatories

View on PACER

4 Exhibit C- Declaration 1 of 2

View on PACER

5 Document Continuation C- Declaration 2 of 2

View on PACER

March 16, 2017

March 16, 2017

RECAP
44

MOTION to Expedite Briefing by All Plaintiffs. (Raofield, Jason) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
45

NOTICE by All Plaintiffs Re: Motion to Dissolve Injunction (Raofield, Jason) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

RECAP
46

NOTICE of Appearance by Nishchay H. Maskay on behalf of Hilal Alkatteeb, American Civil Liberties Union of Michigan, Arab American Studies Association, Sofana Bella, SA, Adeeb Saleh. (Maskay, Nishchay) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
47

NOTICE of Appearance by Daniel S. Korobkin on behalf of Hilal Alkatteeb, American Civil Liberties Union of Michigan, Arab American Studies Association, Sofana Bella, SA, Adeeb Saleh. (Korobkin, Daniel) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER

Request for Additional Summons

March 16, 2017

March 16, 2017

PACER

REQUEST for SUMMONS for All Defendants. (Raofield, Jason)

March 16, 2017

March 16, 2017

PACER
48

SUMMONS Issued for * All Defendants * (LHos) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
49

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (LHos) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
50

NOTICE of Appearance by Nabih H. Ayad on behalf of Yousef Abdullah, Hend Alshawaish, Salim Alshawish, Mohamed Alshega, Arab American Civil Rights League, Fahmi Jahaf. (Ayad, Nabih) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
51

ATTORNEY APPEARANCE: Miriam J. Aukerman appearing on behalf of Hilal Alkatteeb, American Civil Liberties Union of Michigan, Arab American Studies Association, Sofana Bella, SA, Adeeb Saleh Hilal Alkatteeb and S.A., a minor through her Parent and Next Friend, Hilal Alkatteeb (Aukerman, Miriam) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
52

NOTICE of Appearance by Helal A. Farhat on behalf of American Arab Chamber of Commerce. (Farhat, Helal) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
53

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by American Arab Chamber of Commerce, American Civil Liberties Union of Michigan, Arab American & Chaldean Council, Arab American Civil Rights League, Arab American Studies Association (Raofield, Jason) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
54

Joint MOTION for Leave to File Excess Pages by All Plaintiffs. (Raofield, Jason) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
55

ORDER Granting 54 Motion for Leave to File Excess Pages. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
56

NOTICE of Appearance by Michael J. Steinberg on behalf of Hilal Alkatteeb, American Civil Liberties Union of Michigan, Arab American Studies Association, Sofana Bella, SA, Adeeb Saleh. (Steinberg, Michael) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
57

Renewed MOTION to Vacate Permanent Injunction by All Defendants. (Attachments: # 1 Proposed Order) (Yuh, Briana) (Entered: 03/20/2017)

1 Proposed Order

View on PACER

March 20, 2017

March 20, 2017

RECAP
58

ORDER Deeming Moot 57 Defendant's Motion to Vacate Injunction and 15 Motion To Dissolve Injunction. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER
59

ORDER Granting In Part 44 Plaintiffs' Motion to Expedite Briefing. Signed by District Judge Victoria A. Roberts. (see image for details and dates) (LVer) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

RECAP
60

RESPONSE to 43 MOTION to Expedite Discovery (opposition) filed by All Defendants. (Yuh, Briana) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
62

STIPULATED ORDER. Signed by District Judge Victoria A. Roberts. (LHos) (Entered: 03/27/2017)

March 24, 2017

March 24, 2017

PACER
61

REPLY to Response re 43 MOTION to Expedite Discovery filed by Hilal Alkatteeb, American Civil Liberties Union of Michigan, Arab American Studies Association, Sofana Bella, SA, Adeeb Saleh. (Raofield, Jason) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

RECAP
63

NOTICE of Appearance by Michael J. Steinberg on behalf of Arab American & Chaldean Council. (Steinberg, Michael) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
64

NOTICE of Appearance by Miriam J. Aukerman on behalf of Arab American & Chaldean Council. (Aukerman, Miriam) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
65

NOTICE of Appearance by Daniel S. Korobkin on behalf of Arab American & Chaldean Council. (Korobkin, Daniel) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
66

NOTICE of Appearance by Jason C. Raofield on behalf of Arab American & Chaldean Council. (Raofield, Jason) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
67

Joint MOTION for Extension of Time to File Answer re 41 Amended Complaint, by All Defendants. (Press, Joshua) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
68

ORDER Granting 67 Stipulated Motion for Fourteen Day Extension of Time for Defendants to Answer or File Response. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
69

ORDER Denying Without Prejudice 43 Plaintiffs' Motion for Expedited Discovery. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference set for 4/13/2017 at 2:30 PM before District Judge Victoria A. Roberts. Plaintiffs' Counsel MUST initiate the call. (LVer)

April 5, 2017

April 5, 2017

PACER

Set Deadlines/Hearings

April 5, 2017

April 5, 2017

PACER
70

NOTICE of Appearance by Nabih H. Ayad on behalf of American Arab Chamber of Commerce. (Ayad, Nabih) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
71

Joint MOTION for Leave to File Excess Pages re Motion to Dismiss Briefing by All Defendants. (Attachments: # 1 Exhibit Proposed Order) (Press, Joshua) (Entered: 04/12/2017)

1 Exhibit Proposed Order

View on PACER

April 12, 2017

April 12, 2017

PACER
72

NOTICE by All Defendants of withdrawal of 71 Joint MOTION for Leave to File Excess Pages re Motion to Dismiss Briefing . (Press, Joshua) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
73

ORDER Granting Page Extension. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER

Minute Entry for proceedings before District Judge Victoria A. Roberts: Telephonic Status Conference held on 4/13/2017 (Court Reporter: Janice Coleman) (CPin)

April 13, 2017

April 13, 2017

PACER

Status Conference

April 13, 2017

April 13, 2017

PACER
74

Joint MOTION for Leave to File Excess Pages in Motion to Dismiss Briefing by All Defendants. (Attachments: # 1 Exhibit) (Press, Joshua) (Entered: 04/14/2017)

1 Exhibit

View on PACER

April 14, 2017

April 14, 2017

PACER
75

ORDER granting 74 Motion for Leave to File Excess Pages. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
76

MOTION to Dismiss by All Defendants. (Press, Joshua) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
77

MOTION TO EXTEND Time for Issuance of a Scheduling Order under Rule 16(b) by Michael B. Dempsey, Department of Homeland Security, John Kelly, Kevin McAleenan, Office of the Director of National Intelligence, Lori Scialabba, Jefferson Sessions, Rex W. Tillerson, Donald Trump, U.S. Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of Justice, United States Department of State, United States of America. (Attachments: # 1 Exhibit Proposed Order) (Press, Joshua) (Entered: 04/17/2017)

1 Exhibit Proposed Order

View on PACER

April 17, 2017

April 17, 2017

RECAP
78

RESPONSE to 77 MOTION TO EXTEND Time for Issuance of a Scheduling Order under Rule 16(b) filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A (Plaintiffs' First Set of Document Requests to Defendants), # 3 Exhibit B (Plaintiffs' First Set of Interrogatories to Defendants)) (Raofield, Jason) (Entered: 04/21/2017)

1 Index of Exhibits

View on PACER

2 Exhibit A (Plaintiffs' First Set of Document Requests to Defendants)

View on RECAP

3 Exhibit B (Plaintiffs' First Set of Interrogatories to Defendants)

View on RECAP

April 21, 2017

April 21, 2017

RECAP
79

(ERROR - DOCUMENT FILED ON WRONG CASE) NOTICE TO APPEAR: Scheduling Conference set for 6/1/2017 04:00 PM before District Judge Victoria A. Roberts See Notice for Details (CPin) Modified on 4/24/2017 (CPin). (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
80

NOTICE of Correction re 79 Notice to Appear. FILED ON WRONG CASE (CPin) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
81

NOTICE of Appearance by Katherine J. Shinners on behalf of All Defendants. (Shinners, Katherine) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

PACER
82

REPLY to Response re 77 MOTION TO EXTEND Time for Issuance of a Scheduling Order under Rule 16(b) filed by All Defendants. (Press, Joshua) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

RECAP

Case Details

State / Territory: Michigan

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 31, 2017

Closing Date: March 11, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs were the Detroit-based organization Arab American Civil Rights League, the ACLU of Michigan, the American Arab Chamber of Commerce, the Arab American and Chaldean Council, the Arab American Studies Association, and five named plaintiffs. In the third amended complaint, the plaintiffs sought to represent a class of all individuals in the US whose ability to reunify with family members was interfered with by the third version of Trump's "travel ban" executive order.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU of Michigan

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

United States , Federal

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

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

U.S. Citizenship and Immigration Services (Washington D.C.), Federal

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

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

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

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

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

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

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Establishment Clause

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2017 - 2021

Content of Injunction:

Preliminary relief granted

Monitor/Master

Issues

General:

Terrorism/Post 9-11 issues

Discrimination-basis:

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Status/Classification

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern