Case: Mohammed v. Trump

2:17-cv-00786 | U.S. District Court for the Central District of California

Filed Date: Jan. 31, 2017

Closed Date: April 26, 2018

Clearinghouse coding complete

Case Summary

Filed in the U.S. District Court for the Central District of California (in Los Angeles) on January 31, 2017, this class action complaint challenged 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 entering the U.S. The suit alleged that EO-1 illegally targeted Muslims. Represented by private counsel, the named plaintiffs were Yemeni-born U.S. citizens and noncitizens. Some of the named plai…

Filed in the U.S. District Court for the Central District of California (in Los Angeles) on January 31, 2017, this class action complaint challenged 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 entering the U.S. The suit alleged that EO-1 illegally targeted Muslims. Represented by private counsel, the named plaintiffs were Yemeni-born U.S. citizens and noncitizens. Some of the named plaintiffs lived in the U.S. The others were family members who had been issued immigrant visas and left Yemen for the U.S. before EO-1 was announced; they were issued visas in Djibouti but prevented from boarding their plane to the U.S.

The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, the State Department, Customs and Border Patrol, the Department of Justice, and President Donald Trump (in his official capacity) were named as defendants. The complaint asserted eleven causes of action against the defendants, alleging that the EO violated: (1) the plaintiffs' Fifth Amendment procedural and substantive due process rights; (2) the Equal Protection Clause; (3) the Establishment Clause of the First Amendment; (4) the Emoluments Clause; (5) the Immigration and Nationality Act; and (6) the Administrative Procedure Act.

On January 31, 2017, the plaintiffs filed a motion for an emergency temporary restraining order (TRO). The case was initially assigned to District Judge Andre Birotte Jr.; he granted the motion that same day. The order barred the defendants from enforcing EO-1 by removing, detaining, or blocking entry of the plaintiffs or any person from the seven listed countries holding a valid immigrant visa. It also ordered the defendants to return to the plaintiffs any confiscated visas and immediately inform all relevant airport officials that they were permitted to travel to the U.S. Finally, the order barred defendants from further canceling any of the plaintiffs’ validly obtained visas. We cannot tell from the order whether it was local or national. 2017 WL 438750.

The case was eventually transferred to District Judge S. James Otero.

On February 21, the plaintiffs filed an amended complaint and a motion for class certification. That same day, the court held a status conference where it determined that the TRO issued on January 31 would not be extended or converted into a preliminary injunction. The court found that, given the nationwide TRO issued in Washington v. Trump, the plaintiffs had not demonstrated that irreparable harm would occur in the event that this court's TRO was dissolved. Further, the plaintiffs' counsel were unable to identify any named plaintiffs with validly-issued immigrant visas who were currently being denied the ability to immigrate to the U.S.

On March 6, 2017, prompted by the Washington v. Trump litigation, the President rescinded EO-1 and replaced it with a narrower one, Executive Order 13780 (EO-2). On March 7, the defendants filed a notice in this case, presumably informing the court of EO-2 (though the notice is not publicly available).

The plaintiffs filed a second amended complaint on May 16, 2017.

Separately, on June 26, 2017 the Supreme Court granted the government's petition for certiorari in IRAP v. Trump and Hawaii v. Trump. The same day, the district court in this case invited the parties to submit a joint status report by July 6 "[i]n light of the Supreme Court's granting of certiorari and narrowing of the two nationwide injunctions." The court asked the parties to address if "either side believe[d] that any putative class members located abroad 'lack any bona fide relationship with a person or entity in the United States?'" The court also asked the parties to answer if it should "exercise its discretion to stay these proceedings pending the Supreme Court's decision in IRAP regarding the merits of constitutional and statutory challenges to EO-2." Finally, the court urged the parties to not use the Supreme Court's pending decision as a way of delaying processing valid visa applications.

On August 21, the district court stayed all discovery related to the plaintiffs' Establishment Clause Claim until after the Supreme Court issued an opinion. Additionally, the court severed and dismissed the plaintiffs' mandamus claims and dismissed the remaining claims in the plaintiffs' second amended complaint. The court also denied class certification but permitted the plaintiffs to re-file such a motion addressing the court's concerns by "carefully and precisely defin[ing] the class to eliminate overbreadth and vagueness frailties."

On August 31, the defendants moved to stay the case pending Supreme Court proceedings. In October, the court granted the stay. 2017 WL 6888705.

2018 DEVELOPMENTS:

On March 21, 2018, Judge Otero ordered the plaintiffs to show by March 28 why the action was not moot in light of developments in Hawaii v. Trump . On March 28, plaintiffs moved to dismiss their remaining claims. The court granted the plaintiffs' motion to dismiss on April 26, 2018.

Many documents are not available for this case. This case is now closed.

Summary Authors

Jamie Kessler (5/20/2018)

Ava Morgenstern (2/19/2017)

Virginia Weeks (9/1/2017)

Julie Aust (3/8/2017)

Eva Richardson (5/15/2019)

Esteban Woo Kee (10/24/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4579071/parties/badr-dhaifallah-ahmed-mohammed-v-united-states-of-america/


Judge(s)

Abrams, Paul L. (California)

Birotte, Andre Jr. (California)

Attorney for Plaintiff

Covarrubias−Klein, Daniel A. (New York)

Attorney for Defendant

Attorney, OIL-DCS Trial (California)

Expert/Monitor/Master/Other

Chang, Robert S. (Washington)

show all people

Documents in the Clearinghouse

Document

2:17-cv-00786

Docket [PACER]

Badr Dhaifallah Ahmed Mohammed v. United States

April 26, 2018

April 26, 2018

Docket
7

2:17-cv-00786

Order Granting Emergency Motion for Temporary Restraining Order

Jan. 31, 2017

Jan. 31, 2017

Order/Opinion

2017 WL 438750

40

2:17-cv-00786

Brief of the Fred T. Korematsu Center for Law and Equality, Civil Rights Organizations, and National Bar Associations of Color, As Amici Curiae in Support of Plaintiffs

Mohammed v. United States of America

Feb. 8, 2017

Feb. 8, 2017

Pleading / Motion / Brief
69

2:17-cv-00786

Minutes in Chambers [Deny Plaintiffs' Ex Parte Application for Reconsideration of Court's Order]

March 2, 2017

March 2, 2017

Order/Opinion
100

2:17-cv-00786

Proceedings: Order Denying Plaintiffs' Motion For Class Certification

H.M. v. United States of America

Aug. 21, 2017

Aug. 21, 2017

Order/Opinion

2017 WL 10562558

Resources

Title Description External URL Date / External URL

Presidential Executive Order (13815) on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities

United States

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

Oct. 24, 2017

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

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

President Donald Trump

Sept. 24, 2017

Sept. 24, 2017

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

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

Donald Trump

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

June 14, 2017

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

Executive Order 13780: Protecting The Nation From Foreign Terrorist Entry Into The United States

President Donald Trump

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

March 6, 2017

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

Executive Order 13769: Protecting the Nation from Foreign Terrorist Entry into the United States

President Donald Trump

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

Jan. 27, 2017

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

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4579071/badr-dhaifallah-ahmed-mohammed-v-united-states-of-america/

Last updated March 6, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by Plaintiffs. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
2

Notice of Non-Compliance with Local Rule 3-2 issued to attorney Daniel Covarrubias-Klein. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
3

NOTICE OF EMERGENCY MOTION AND EMERGENCY MOTION for Temporary Restraining Order And/or Preliminary Injunctive Relief; Memorandum of Points and Authorities In Support of Motion filed by Plaintiffs (car) (Additional attachment(s) added on 1/31/2017: # 1 Lodged Proposed Order) (car). (Entered: 01/31/2017)

1 Lodged Proposed Order

View on PACER

Jan. 31, 2017

Jan. 31, 2017

PACER
4

DECLARATION of ATTORNEY DANIEL COVARRUBIAS-KLEIN filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
5

DECLARATION of PARALEGAL KARLA STEFFANY ANZORA filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
6

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
7

ORDER GRANTING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr: Defendants and their officers, agents, employees, attorneys, and all persons acting in concert or participating with them, are ENJOINED AND RESTRAINED from enforcing Defendant President Donald J. Trumps January 27, 2017 Executive Order as indicated in the attached order. Plaintiffs shall file any supplemental brief in support of their motion for preliminary injunction by February 2, 2017. Defendants shall file their opposition by February 5, 2017. Plaintiffs shall file their reply by February 8, 2017. Defendants shall appear on February 10, 2017 at 10:00 a.m. to show cause why the preliminary injunctive relief sought in the Ex Parte Application for Temporary Restraining Order And/Or Preliminary Injunction should not be granted. (rfi) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
1

COMPLAINT against Defendants. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by Plaintiffs. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
2

Notice of Non-Compliance with Local Rule 3-2 issued to attorney Daniel Covarrubias-Klein. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
3

NOTICE OF EMERGENCY MOTION AND EMERGENCY MOTION for Temporary Restraining Order And/or Preliminary Injunctive Relief; Memorandum of Points and Authorities In Support of Motion filed by Plaintiffs (car) (Additional attachment(s) added on 1/31/2017: # 1 Lodged Proposed Order) (car). (Entered: 01/31/2017)

1 Lodged Proposed Order

View on PACER

Jan. 31, 2017

Jan. 31, 2017

PACER
4

DECLARATION of ATTORNEY DANIEL COVARRUBIAS-KLEIN filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
5

DECLARATION of PARALEGAL KARLA STEFFANY ANZORA filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
6

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
7

ORDER GRANTING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr: Defendants and their officers, agents, employees, attorneys, and all persons acting in concert or participating with them, are ENJOINED AND RESTRAINED from enforcing Defendant President Donald J. Trumps January 27, 2017 Executive Order as indicated in the attached order. Plaintiffs shall file any supplemental brief in support of their motion for preliminary injunction by February 2, 2017. Defendants shall file their opposition by February 5, 2017. Plaintiffs shall file their reply by February 8, 2017. Defendants shall appear on February 10, 2017 at 10:00 a.m. to show cause why the preliminary injunctive relief sought in the Ex Parte Application for Temporary Restraining Order And/Or Preliminary Injunction should not be granted. (rfi) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
1

COMPLAINT against Defendants. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by Plaintiffs. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
2

Notice of Non-Compliance with Local Rule 3-2 issued to attorney Daniel Covarrubias-Klein. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
3

NOTICE OF EMERGENCY MOTION AND EMERGENCY MOTION for Temporary Restraining Order And/or Preliminary Injunctive Relief; Memorandum of Points and Authorities In Support of Motion filed by Plaintiffs (car) (Additional attachment(s) added on 1/31/2017: # 1 Lodged Proposed Order) (car). (Entered: 01/31/2017)

1 Lodged Proposed Order

View on PACER

Jan. 31, 2017

Jan. 31, 2017

PACER
4

DECLARATION of ATTORNEY DANIEL COVARRUBIAS-KLEIN filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
5

DECLARATION of PARALEGAL KARLA STEFFANY ANZORA filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
6

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
7

ORDER GRANTING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr: Defendants and their officers, agents, employees, attorneys, and all persons acting in concert or participating with them, are ENJOINED AND RESTRAINED from enforcing Defendant President Donald J. Trumps January 27, 2017 Executive Order as indicated in the attached order. Plaintiffs shall file any supplemental brief in support of their motion for preliminary injunction by February 2, 2017. Defendants shall file their opposition by February 5, 2017. Plaintiffs shall file their reply by February 8, 2017. Defendants shall appear on February 10, 2017 at 10:00 a.m. to show cause why the preliminary injunctive relief sought in the Ex Parte Application for Temporary Restraining Order And/Or Preliminary Injunction should not be granted. (rfi) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
1

COMPLAINT against Defendants. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by Plaintiffs. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
2

Notice of Non-Compliance with Local Rule 3-2 issued to attorney Daniel Covarrubias-Klein. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
3

NOTICE OF EMERGENCY MOTION AND EMERGENCY MOTION for Temporary Restraining Order And/or Preliminary Injunctive Relief; Memorandum of Points and Authorities In Support of Motion filed by Plaintiffs (car) (Additional attachment(s) added on 1/31/2017: # 1 Lodged Proposed Order) (car). (Entered: 01/31/2017)

1 Lodged Proposed Order

View on PACER

Jan. 31, 2017

Jan. 31, 2017

PACER
4

DECLARATION of ATTORNEY DANIEL COVARRUBIAS-KLEIN filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
5

DECLARATION of PARALEGAL KARLA STEFFANY ANZORA filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
6

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
7

ORDER GRANTING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr: Defendants and their officers, agents, employees, attorneys, and all persons acting in concert or participating with them, are ENJOINED AND RESTRAINED from enforcing Defendant President Donald J. Trumps January 27, 2017 Executive Order as indicated in the attached order. Plaintiffs shall file any supplemental brief in support of their motion for preliminary injunction by February 2, 2017. Defendants shall file their opposition by February 5, 2017. Plaintiffs shall file their reply by February 8, 2017. Defendants shall appear on February 10, 2017 at 10:00 a.m. to show cause why the preliminary injunctive relief sought in the Ex Parte Application for Temporary Restraining Order And/Or Preliminary Injunction should not be granted. (rfi) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
1

COMPLAINT against Defendants. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by Plaintiffs. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
2

Notice of Non-Compliance with Local Rule 3-2 issued to attorney Daniel Covarrubias-Klein. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
3

NOTICE OF EMERGENCY MOTION AND EMERGENCY MOTION for Temporary Restraining Order And/or Preliminary Injunctive Relief; Memorandum of Points and Authorities In Support of Motion filed by Plaintiffs (car) (Additional attachment(s) added on 1/31/2017: # 1 Lodged Proposed Order) (car). (Entered: 01/31/2017)

1 Lodged Proposed Order

View on PACER

Jan. 31, 2017

Jan. 31, 2017

PACER
4

DECLARATION of ATTORNEY DANIEL COVARRUBIAS-KLEIN filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
5

DECLARATION of PARALEGAL KARLA STEFFANY ANZORA filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
6

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
7

ORDER GRANTING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr: Defendants and their officers, agents, employees, attorneys, and all persons acting in concert or participating with them, are ENJOINED AND RESTRAINED from enforcing Defendant President Donald J. Trumps January 27, 2017 Executive Order as indicated in the attached order. Plaintiffs shall file any supplemental brief in support of their motion for preliminary injunction by February 2, 2017. Defendants shall file their opposition by February 5, 2017. Plaintiffs shall file their reply by February 8, 2017. Defendants shall appear on February 10, 2017 at 10:00 a.m. to show cause why the preliminary injunctive relief sought in the Ex Parte Application for Temporary Restraining Order And/Or Preliminary Injunction should not be granted. (rfi) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
1

COMPLAINT against Defendants. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by Plaintiffs. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
2

Notice of Non-Compliance with Local Rule 3-2 issued to attorney Daniel Covarrubias-Klein. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
3

NOTICE OF EMERGENCY MOTION AND EMERGENCY MOTION for Temporary Restraining Order And/or Preliminary Injunctive Relief; Memorandum of Points and Authorities In Support of Motion filed by Plaintiffs (car) (Additional attachment(s) added on 1/31/2017: # 1 Lodged Proposed Order) (car). (Entered: 01/31/2017)

1 Lodged Proposed Order

View on PACER

Jan. 31, 2017

Jan. 31, 2017

PACER
4

DECLARATION of ATTORNEY DANIEL COVARRUBIAS-KLEIN filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
5

DECLARATION of PARALEGAL KARLA STEFFANY ANZORA filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
6

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
7

ORDER GRANTING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr: Defendants and their officers, agents, employees, attorneys, and all persons acting in concert or participating with them, are ENJOINED AND RESTRAINED from enforcing Defendant President Donald J. Trumps January 27, 2017 Executive Order as indicated in the attached order. Plaintiffs shall file any supplemental brief in support of their motion for preliminary injunction by February 2, 2017. Defendants shall file their opposition by February 5, 2017. Plaintiffs shall file their reply by February 8, 2017. Defendants shall appear on February 10, 2017 at 10:00 a.m. to show cause why the preliminary injunctive relief sought in the Ex Parte Application for Temporary Restraining Order And/Or Preliminary Injunction should not be granted. (rfi) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
1

COMPLAINT against Defendants. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by Plaintiffs. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
2

Notice of Non-Compliance with Local Rule 3-2 issued to attorney Daniel Covarrubias-Klein. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
3

NOTICE OF EMERGENCY MOTION AND EMERGENCY MOTION for Temporary Restraining Order And/or Preliminary Injunctive Relief; Memorandum of Points and Authorities In Support of Motion filed by Plaintiffs (car) (Additional attachment(s) added on 1/31/2017: # 1 Lodged Proposed Order) (car). (Entered: 01/31/2017)

1 Lodged Proposed Order

View on PACER

Jan. 31, 2017

Jan. 31, 2017

PACER
4

DECLARATION of ATTORNEY DANIEL COVARRUBIAS-KLEIN filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
5

DECLARATION of PARALEGAL KARLA STEFFANY ANZORA filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
6

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
7

ORDER GRANTING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr: Defendants and their officers, agents, employees, attorneys, and all persons acting in concert or participating with them, are ENJOINED AND RESTRAINED from enforcing Defendant President Donald J. Trumps January 27, 2017 Executive Order as indicated in the attached order. Plaintiffs shall file any supplemental brief in support of their motion for preliminary injunction by February 2, 2017. Defendants shall file their opposition by February 5, 2017. Plaintiffs shall file their reply by February 8, 2017. Defendants shall appear on February 10, 2017 at 10:00 a.m. to show cause why the preliminary injunctive relief sought in the Ex Parte Application for Temporary Restraining Order And/Or Preliminary Injunction should not be granted. (rfi) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
1

COMPLAINT against Defendants. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by Plaintiffs. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
2

Notice of Non-Compliance with Local Rule 3-2 issued to attorney Daniel Covarrubias-Klein. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
3

NOTICE OF EMERGENCY MOTION AND EMERGENCY MOTION for Temporary Restraining Order And/or Preliminary Injunctive Relief; Memorandum of Points and Authorities In Support of Motion filed by Plaintiffs (car) (Additional attachment(s) added on 1/31/2017: # 1 Lodged Proposed Order) (car). (Entered: 01/31/2017)

1 Lodged Proposed Order

View on PACER

Jan. 31, 2017

Jan. 31, 2017

PACER
4

DECLARATION of ATTORNEY DANIEL COVARRUBIAS-KLEIN filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
5

DECLARATION of PARALEGAL KARLA STEFFANY ANZORA filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
6

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
7

ORDER GRANTING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr: Defendants and their officers, agents, employees, attorneys, and all persons acting in concert or participating with them, are ENJOINED AND RESTRAINED from enforcing Defendant President Donald J. Trumps January 27, 2017 Executive Order as indicated in the attached order. Plaintiffs shall file any supplemental brief in support of their motion for preliminary injunction by February 2, 2017. Defendants shall file their opposition by February 5, 2017. Plaintiffs shall file their reply by February 8, 2017. Defendants shall appear on February 10, 2017 at 10:00 a.m. to show cause why the preliminary injunctive relief sought in the Ex Parte Application for Temporary Restraining Order And/Or Preliminary Injunction should not be granted. (rfi) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
1

COMPLAINT against Defendants. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by Plaintiffs. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
2

Notice of Non-Compliance with Local Rule 3-2 issued to attorney Daniel Covarrubias-Klein. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
3

NOTICE OF EMERGENCY MOTION AND EMERGENCY MOTION for Temporary Restraining Order And/or Preliminary Injunctive Relief; Memorandum of Points and Authorities In Support of Motion filed by Plaintiffs (car) (Additional attachment(s) added on 1/31/2017: # 1 Lodged Proposed Order) (car). (Entered: 01/31/2017)

1 Lodged Proposed Order

View on PACER

Jan. 31, 2017

Jan. 31, 2017

PACER
4

DECLARATION of ATTORNEY DANIEL COVARRUBIAS-KLEIN filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
5

DECLARATION of PARALEGAL KARLA STEFFANY ANZORA filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
6

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
7

ORDER GRANTING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr: Defendants and their officers, agents, employees, attorneys, and all persons acting in concert or participating with them, are ENJOINED AND RESTRAINED from enforcing Defendant President Donald J. Trumps January 27, 2017 Executive Order as indicated in the attached order. Plaintiffs shall file any supplemental brief in support of their motion for preliminary injunction by February 2, 2017. Defendants shall file their opposition by February 5, 2017. Plaintiffs shall file their reply by February 8, 2017. Defendants shall appear on February 10, 2017 at 10:00 a.m. to show cause why the preliminary injunctive relief sought in the Ex Parte Application for Temporary Restraining Order And/Or Preliminary Injunction should not be granted. (rfi) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
1

COMPLAINT against Defendants. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by Plaintiffs. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
2

Notice of Non-Compliance with Local Rule 3-2 issued to attorney Daniel Covarrubias-Klein. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
3

NOTICE OF EMERGENCY MOTION AND EMERGENCY MOTION for Temporary Restraining Order And/or Preliminary Injunctive Relief; Memorandum of Points and Authorities In Support of Motion filed by Plaintiffs (car) (Additional attachment(s) added on 1/31/2017: # 1 Lodged Proposed Order) (car). (Entered: 01/31/2017)

1 Lodged Proposed Order

View on PACER

Jan. 31, 2017

Jan. 31, 2017

PACER
4

DECLARATION of ATTORNEY DANIEL COVARRUBIAS-KLEIN filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
5

DECLARATION of PARALEGAL KARLA STEFFANY ANZORA filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
6

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
7

ORDER GRANTING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr: Defendants and their officers, agents, employees, attorneys, and all persons acting in concert or participating with them, are ENJOINED AND RESTRAINED from enforcing Defendant President Donald J. Trumps January 27, 2017 Executive Order as indicated in the attached order. Plaintiffs shall file any supplemental brief in support of their motion for preliminary injunction by February 2, 2017. Defendants shall file their opposition by February 5, 2017. Plaintiffs shall file their reply by February 8, 2017. Defendants shall appear on February 10, 2017 at 10:00 a.m. to show cause why the preliminary injunctive relief sought in the Ex Parte Application for Temporary Restraining Order And/Or Preliminary Injunction should not be granted. (rfi) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
1

COMPLAINT against Defendants. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by Plaintiffs. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
2

Notice of Non-Compliance with Local Rule 3-2 issued to attorney Daniel Covarrubias-Klein. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
3

NOTICE OF EMERGENCY MOTION AND EMERGENCY MOTION for Temporary Restraining Order And/or Preliminary Injunctive Relief; Memorandum of Points and Authorities In Support of Motion filed by Plaintiffs (car) (Additional attachment(s) added on 1/31/2017: # 1 Lodged Proposed Order) (car). (Entered: 01/31/2017)

1 Lodged Proposed Order

View on PACER

Jan. 31, 2017

Jan. 31, 2017

PACER
4

DECLARATION of ATTORNEY DANIEL COVARRUBIAS-KLEIN filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
5

DECLARATION of PARALEGAL KARLA STEFFANY ANZORA filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
6

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
7

ORDER GRANTING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr: Defendants and their officers, agents, employees, attorneys, and all persons acting in concert or participating with them, are ENJOINED AND RESTRAINED from enforcing Defendant President Donald J. Trumps January 27, 2017 Executive Order as indicated in the attached order. Plaintiffs shall file any supplemental brief in support of their motion for preliminary injunction by February 2, 2017. Defendants shall file their opposition by February 5, 2017. Plaintiffs shall file their reply by February 8, 2017. Defendants shall appear on February 10, 2017 at 10:00 a.m. to show cause why the preliminary injunctive relief sought in the Ex Parte Application for Temporary Restraining Order And/Or Preliminary Injunction should not be granted. (rfi) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
1

COMPLAINT against Defendants. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by Plaintiffs. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
2

Notice of Non-Compliance with Local Rule 3-2 issued to attorney Daniel Covarrubias-Klein. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
3

NOTICE OF EMERGENCY MOTION AND EMERGENCY MOTION for Temporary Restraining Order And/or Preliminary Injunctive Relief; Memorandum of Points and Authorities In Support of Motion filed by Plaintiffs (car) (Additional attachment(s) added on 1/31/2017: # 1 Lodged Proposed Order) (car). (Entered: 01/31/2017)

1 Lodged Proposed Order

View on PACER

Jan. 31, 2017

Jan. 31, 2017

PACER
4

DECLARATION of ATTORNEY DANIEL COVARRUBIAS-KLEIN filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
5

DECLARATION of PARALEGAL KARLA STEFFANY ANZORA filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
6

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
7

ORDER GRANTING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr: Defendants and their officers, agents, employees, attorneys, and all persons acting in concert or participating with them, are ENJOINED AND RESTRAINED from enforcing Defendant President Donald J. Trumps January 27, 2017 Executive Order as indicated in the attached order. Plaintiffs shall file any supplemental brief in support of their motion for preliminary injunction by February 2, 2017. Defendants shall file their opposition by February 5, 2017. Plaintiffs shall file their reply by February 8, 2017. Defendants shall appear on February 10, 2017 at 10:00 a.m. to show cause why the preliminary injunctive relief sought in the Ex Parte Application for Temporary Restraining Order And/Or Preliminary Injunction should not be granted. (rfi) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
1

COMPLAINT against Defendants. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by Plaintiffs. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
2

Notice of Non-Compliance with Local Rule 3-2 issued to attorney Daniel Covarrubias-Klein. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
3

NOTICE OF EMERGENCY MOTION AND EMERGENCY MOTION for Temporary Restraining Order And/or Preliminary Injunctive Relief; Memorandum of Points and Authorities In Support of Motion filed by Plaintiffs (car) (Additional attachment(s) added on 1/31/2017: # 1 Lodged Proposed Order) (car). (Entered: 01/31/2017)

1 Lodged Proposed Order

View on PACER

Jan. 31, 2017

Jan. 31, 2017

PACER
4

DECLARATION of ATTORNEY DANIEL COVARRUBIAS-KLEIN filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
5

DECLARATION of PARALEGAL KARLA STEFFANY ANZORA filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
6

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
7

ORDER GRANTING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr: Defendants and their officers, agents, employees, attorneys, and all persons acting in concert or participating with them, are ENJOINED AND RESTRAINED from enforcing Defendant President Donald J. Trumps January 27, 2017 Executive Order as indicated in the attached order. Plaintiffs shall file any supplemental brief in support of their motion for preliminary injunction by February 2, 2017. Defendants shall file their opposition by February 5, 2017. Plaintiffs shall file their reply by February 8, 2017. Defendants shall appear on February 10, 2017 at 10:00 a.m. to show cause why the preliminary injunctive relief sought in the Ex Parte Application for Temporary Restraining Order And/Or Preliminary Injunction should not be granted. (rfi) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
1

COMPLAINT against Defendants. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by Plaintiffs. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
2

Notice of Non-Compliance with Local Rule 3-2 issued to attorney Daniel Covarrubias-Klein. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
3

NOTICE OF EMERGENCY MOTION AND EMERGENCY MOTION for Temporary Restraining Order And/or Preliminary Injunctive Relief; Memorandum of Points and Authorities In Support of Motion filed by Plaintiffs (car) (Additional attachment(s) added on 1/31/2017: # 1 Lodged Proposed Order) (car). (Entered: 01/31/2017)

1 Lodged Proposed Order

View on PACER

Jan. 31, 2017

Jan. 31, 2017

PACER
4

DECLARATION of ATTORNEY DANIEL COVARRUBIAS-KLEIN filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
5

DECLARATION of PARALEGAL KARLA STEFFANY ANZORA filed by Plaintiffs (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
6

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Paul L. Abrams. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
7

ORDER GRANTING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION by Judge Andre Birotte Jr: Defendants and their officers, agents, employees, attorneys, and all persons acting in concert or participating with them, are ENJOINED AND RESTRAINED from enforcing Defendant President Donald J. Trumps January 27, 2017 Executive Order as indicated in the attached order. Plaintiffs shall file any supplemental brief in support of their motion for preliminary injunction by February 2, 2017. Defendants shall file their opposition by February 5, 2017. Plaintiffs shall file their reply by February 8, 2017. Defendants shall appear on February 10, 2017 at 10:00 a.m. to show cause why the preliminary injunctive relief sought in the Ex Parte Application for Temporary Restraining Order And/Or Preliminary Injunction should not be granted. (rfi) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

RECAP
1

COMPLAINT against Defendants. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by Plaintiffs. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
2

Notice of Non-Compliance with Local Rule 3-2 issued to attorney Daniel Covarrubias-Klein. (car) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Jan. 31, 2017

Closing Date: April 26, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Yemeni-born U.S. citizens and noncitizens affected by Jan. 27, 2017 Executive Order.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

United States Department of Homeland Security (Washington D.C. ), Federal

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

United States Department of State (Washington D.C.), Federal

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

United States Department of Justice (Washington D.C.), Federal

Office of the President of the United States (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.

Constitutional Clause(s):

Due Process

Establishment Clause

Equal Protection

Emoluments Clauses

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Order Duration: 2017 - 2018

Issues

General/Misc.:

Family reunification

Terrorism/Post 9-11 issues

Discrimination Area:

Disparate Treatment

Discrimination Basis:

National origin discrimination

Religion discrimination

Affected National Origin/Ethnicity(s):

Arab/Afgani/Middle Eastern

Immigration/Border:

Admission - criteria

Admission - procedure

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Family Separation

Visas - criteria

Visas - procedures