Filed Date: Jan. 31, 2017
Closed Date: Feb. 2, 2017
Clearinghouse coding complete
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)
Das, Alina (New York)
Hallett, Amber Nicole (Connecticut)
Last updated March 28, 2025, 8:05 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Trump Administration 1.0: Travel Ban Challenges
Trump 1.0 & 2.0 Immigration Enforcement Order Challenges
Trump Administration 1.0: Challenges to the Government
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):
Attorney Organizations:
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):
Facility Type(s):
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: Procedural Due Process
Due Process: Substantive Due Process
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Discrimination Basis:
National origin discrimination
Affected National Origin/Ethnicity(s):
Immigration/Border:
Jails, Prisons, Detention Centers, and Other Institutions: