Case: Azimi v. Trump

1:17-cv-00096 | U.S. District Court for the Western District of New York

Filed Date: Jan. 31, 2017

Closed Date: Feb. 2, 2017

Clearinghouse coding complete

Case Summary

On January 31, 2017, two F-1 student visa holders, represented by the NYU Law School Immigrant Rights Clinic, filed this lawsuit in the U.S. District Court for the Western District of New York (in Buffalo), after being detained by U.S. Customs and Border Protection (CBP) upon their arrival at the Buffalo Port of Entry on the evening of January 31, 2017. The plaintiffs were Muslim Iranian F1 student visa holders who attended the New York University Tandon School of Engineering. The plaintiffs cl…

On January 31, 2017, two F-1 student visa holders, represented by the NYU Law School Immigrant Rights Clinic, filed this lawsuit in the U.S. District Court for the Western District of New York (in Buffalo), after being detained by U.S. Customs and Border Protection (CBP) upon their arrival at the Buffalo Port of Entry on the evening of January 31, 2017. The plaintiffs were Muslim Iranian F1 student visa holders who attended the New York University Tandon School of Engineering. The plaintiffs claimed that they were detained as a result of an executive order issued (EO-1) by President Donald Trump on January 27, 2017, suspending entry into the United States of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. The complaint further alleged that this executive order was being enforced against them contrary to nationwide federal court stays, including those issued in Louhghalam v. Trump. Petitioners claimed that their continued detention and denial of entry based solely on EO-1 was ultra vires to the immigration statutes and in violation of: their Fifth Amendment procedural and substantive due process rights, the First Amendment Establishment Clause, the Administrative Procedure Act, and the Religious Freedom Restoration Act. The complaint was filed as a writ of habeas corpus (seeking immediate release of the plaintiffs from detention), and as a civil complaint seeking declaratory and injunctive relief.

It is likely that the plaintiffs were released from detention as they filed a notice of voluntary dismissal on February 1, 2017. On February 2, 2017, the case was terminated. No judge was assigned.

This case is closed.

Summary Authors

Julie Aust (2/3/2017)

Esteban Woo Kee (10/23/2021)


Attorneys(s) for Plaintiff

Das, Alina (New York)

Hallett, Amber Nicole (Connecticut)

Attorneys(s) for Plaintiff

Das, Alina (New York)

Hallett, Amber Nicole (Connecticut)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 2, 2017 Docket
1

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

Feb. 1, 2017 Complaint
2

Notice of Voluntary Dismissal

Feb. 1, 2017 Notice Letter

Docket

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

ECF Number Description Date Link
1

PETITION for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief ( Filing fee $ 5 receipt number 0209−2709149.), filed by Sarvenaz Entezarian, Elham Azimi. (Attachments: # 1 Exhibit A, # 2 Affidavit of Alina Das, Esq., # 3 Civil Cover Sheet)(Hallett, A.) (Entered: 02/01/2017)

Jan. 31, 2017
2

NOTICE of Voluntary Dismissal by Elham Azimi, Sarvenaz Entezarian (Hallett, A.) (Entered: 02/01/2017)

Feb. 1, 2017

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Jan. 31, 2017

Closing Date: Feb. 2, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two F1 visa holders and students at the New York University Tandon School of Engineering.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NYU Clinical Law Center

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

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

United States Customs and Border Protection (Washington D.C.), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Ex Parte Young (Federal) or Bivens

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

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

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Habeas Corpus

Over/Unlawful Detention

Terrorism/Post 9-11 issues

Discrimination-basis:

Immigration status

National origin discrimination

Religion discrimination

Type of Facility:

Government-run

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Detention - criteria

Detention - procedures

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern