Case: Al-Mowafak v. Trump

3:17-cv-00557 | U.S. District Court for the Northern District of California

Filed Date: Feb. 2, 2017

Closed Date: May 6, 2019

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Case Summary

This class action was filed on Feb. 2, 2017 in response to President Trump’s January 27, 2017 Executive Order (EO-1) ban on admission to the US of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. Plaintiffs, represented by the ACLU of Northern California and private counsel, also challenged the Department of State's Jan. 27 letter "provisionally revoking all valid nonimmigrant and immigrant visas" of nationals of these nations. The action was filed in the United States District …

The complaint argued that the Department of State letter expanded the scope of EO-1 to include covered nationals living in the US, as well those trying to gain entry to the US It further argued that the text and history of these documents demonstrated discriminatory intent on the basis of nationality, place of birth, place of residence, or religion, and that they violate the First Amendment's Establishment, Free Exercise, Speech, and Assembly Clauses; Fifth Amendment equal protection and due process rights; the Religious Freedom Restoration Act; the Immigration and Nationality Act; and the Administrative Procedure Act.

Plaintiffs were students attending California schools, the ACLU of Northern California, and Jewish Family & Community Services East Bay. The complaint sought class certification for "persons who are nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen (the 'Designated Countries') who currently are, or recently have been, lawfully present in California and who, but for the Jan. 27, 2017 EO and the Provisional Revocation Letter, would be able to travel to the United States or leave and return to the United States."

District Judge William Orrick was assigned to the case.

On March 6, 2017, prompted by adverse developments in the Washington v. Trump litigation in the Ninth Circuit, the President rescinded the Jan. 27 EO and replaced it with a narrower one, Executive Order 13780 (EO-2).

The plaintiffs quickly responded to EO-2. On Mar. 13, plaintiffs filed a first amended complaint, arguing that the EO-2 resolved "none of [the] fatal flaws" of the first EO. In addition to the violations stated in the first complaint, the amended complaint added that the EO violated the separation of powers "because it is contrary to Congress’s establishment of uniform rules of naturalization, as expressed in the Immigration and Nationality Act (“INA”), and because it exceeds the President’s constitutional authority at the expense of Congress’s power to legislate." On March 16, plaintiffs filed a motion for preliminary injunction, to which defendants responded in opposition on March 30.

In the meantime, other litigation against the EO-2 proceeded across the country, with some rulings ultimately having nationwide effects. On March 15, the U.S. District Court for the District of Hawaii enjoined the EO-2 in Hawaii v. Trump. Across the country in Maryland, the District Court also granted a nationwide preliminary injunction against portions of the EO in the IRAP v. Trump case. The government appealed in both cases. On June 2017, the Supreme Court agreed to review both cases.

In response to the Hawaii ruling, the government filed a motion to stay proceedings in this case pending the outcome of that Ninth Circuit appeal. District Judge Orrick set the preliminary injunction hearing for May 31, after oral arguments took place in the Ninth Circuit. However, in light of the Fourth Circuit's ruling in IRAP, the court vacated the preliminary injunction hearing. On June 19, the court approved the parties' stipulation to stay most of the proceedings while the nationwide injunction from Hawaii remained in effect. Following a series of orders regarding the Hawaii and IRAP cases, the court in this case lifted the stay on December 8. That same day, plaintiffs filed a second amended complaint and preliminary injunction motion.

On December 23, 2017, District Judge James Robart enjoined on a nationwide basis certain aspects of Executive Order No. 13815 in Doe v. Trump. As a result, the plaintiffs in this case conceded that they “do not currently face irreparable injury.” Given the concession and the nationwide injunction, the court stayed the case again on January 8, 2018. Case management conferences continued throughout 2018.

On January 22, 2019, the district court granted the government’s motion to stay all proceedings in this case in light of the lapse of appropriations to the U.S. Department of Justice and other agencies. On May 6, 2019, the plaintiffs filed a notice of voluntary dismissal and a case management conference was held on May 21, 2019. The case closed in 2019.

	Document
3:17-cv-00557	Docket [PACER]	Jan. 8, 2018	Jan. 8, 2018 Docket
1 3:17-cv-00557	Class Action Complaint for Declaratory and Injunctive Relief	Feb. 2, 2017	Feb. 2, 2017 Complaint
36 3:17-cv-00557	First Amended Class Action Complaint for Declaratory and Injunctive Relief	March 13, 2017	March 13, 2017 Complaint
65 3:17-cv-00557	Order Regarding Case Management Conference	May 26, 2017	May 26, 2017 Order/Opinion
69 3:17-cv-00557	Stipulation and Order Regarding Partial Stay	June 19, 2017	June 19, 2017 Order/Opinion

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/...
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/...

ECF Number	Description	Date	Link Date / Link
1	CLASS ACTION COMPLAINT For Declaratory and Injunctive Relief; against All Defendants ( Filing fee $ 400, receipt number 0971-11127128.). Filed byJOHN DOE, Wasim Ghaleb, ACLU of Northern California, Hadil Al-Mowafak, Jewish Family & Community Services East Bay. (Attachments: # 1 Civil Cover Sheet)(Lauridsen, Robert) (Filed on 2/2/2017) Modified on 2/3/2017 (aaaS, COURT STAFF). (Entered: 02/02/2017) 1 Civil Cover Sheet View on PACER	Feb. 2, 2017	Feb. 2, 2017 RECAP
2	Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
3	Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
4	Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
5	Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
6	Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
7	Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
8	Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
9	Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
10	DECLINATION to Proceed Before a US Magistrate Judge; by ACLU of Northern California, Hadil Al-Mowafak, JOHN DOE, Wasim Ghaleb, Jewish Family & Community Services East Bay. (Lauridsen, Robert) (Filed on 2/2/2017) Modified on 2/3/2017 (aaaS, COURT STAFF). (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
11	NOTICE of Appearance by Jay Rapaport (Rapaport, Jay) (Filed on 2/2/2017) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
12	ADMINISTRATIVE MOTION to Proceed Anonymously filed by ACLU of Northern California, Hadil Al-Mowafak, JOHN DOE, Wasim Ghaleb, Jewish Family & Community Services East Bay. Responses due by 2/6/2017. (Attachments: # 1 Declaration of John Doe, # 2 Proposed Order)(Rapaport, Jay) (Filed on 2/2/2017) (Entered: 02/02/2017) 1 Declaration of John Doe View on RECAP 2 Proposed Order View on PACER	Feb. 2, 2017	Feb. 2, 2017 RECAP
13	Case assigned to Hon. William H. Orrick. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (sv, COURT STAFF) (Filed on 2/3/2017) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
14	Initial Case Management Scheduling Order with ADR Deadlines: This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras Case Management Statement due by 5/2/2017. Case Management Conference set for 5/9/2017 02:00 PM. Signed by Judge William H. Orrick on 2/3/17. (Attachments: # 1 Notice of Eligibility)(aaaS, COURT STAFF) (Filed on 2/3/2017) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
15	Summons Issued as to Donald Trump. (aaaS, COURT STAFF) (Filed on 2/3/2017) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
16	ERRONEOUSLY POSTED: PLEASE DISREGARD Summons Issued as to U.S. Department of State. (aaaS, COURT STAFF) (Filed on 2/3/2017) Modified on 2/3/2017 (aaaS, COURT STAFF). (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
17	Summons Issued as to U.S. Department of State. (aaaS, COURT STAFF) (Filed on 2/3/2017) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
18	Summons Issued as to U.S. Department of Homeland Security. (aaaS, COURT STAFF) (Filed on 2/3/2017) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
19	Summons Issued as to U.S. Customs and Border Protection. (aaaS, COURT STAFF) (Filed on 2/3/2017) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
20	Summons Issued as to Rex W Tillerson. (aaaS, COURT STAFF) (Filed on 2/3/2017) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
21	Summons Issued as to John Kelly. (aaaS, COURT STAFF) (Filed on 2/3/2017) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
22	Summons Issued as to Kevin McAleenan. (aaaS, COURT STAFF) (Filed on 2/3/2017) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
23	Summons Issued as to Carrie Azurin. (aaaS, COURT STAFF) (Filed on 2/3/2017) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
24	Certificate of Interested Entities by ACLU of Northern California, Hadil Al-Mowafak, John Doe, Wasim Ghaleb, Jewish Family & Community Services East Bay [Plaintiffs' Federal Rule of Civil Procedure 7.1 Disclosure Statement and Civil Local Rule 3-15 Certification of Interested Entities or Persons] (Lauridsen, Robert) (Filed on 2/3/2017) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
	Electronic filing error. Corrected by Clerk's Office. No further action is necessary. Re: 1 Complaint, filed by Wasim Ghaleb, Jewish Family & Community Services East Bay, Hadil Al-Mowafak, ACLU of Northern California Defendant Parties Entered Incorrectly (aaaS, COURT STAFF) (Filed on 2/3/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
25	CERTIFICATE OF SERVICE by ACLU of Northern California, Hadil Al-Mowafak, John Doe, Wasim Ghaleb, Jewish Family & Community Services East Bay re 18 Summons Issued, 14 Initial Case Management Scheduling Order with ADR Deadlines, 15 Summons Issued, 21 Summons Issued, 22 Summons Issued, 20 Summons Issued, 17 Summons Issued, 10 Consent/Declination to Proceed Before a US Magistrate Judge, 1 Complaint, 13 Case Assigned by Intake,,, 23 Summons Issued, 19 Summons Issued (Lauridsen, Robert) (Filed on 2/6/2017) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
26	CERTIFICATE OF SERVICE by ACLU of Northern California, Hadil Al-Mowafak, John Doe, Wasim Ghaleb, Jewish Family & Community Services East Bay re 12 ADMINISTRATIVE MOTION to Proceed Anonymously, 24 Certificate of Interested Entities, (Lauridsen, Robert) (Filed on 2/6/2017) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
27	NOTICE of Appearance by Novella Yvette Coleman (Coleman, Novella) (Filed on 2/13/2017) (Entered: 02/13/2017)	Feb. 13, 2017	Feb. 13, 2017 PACER
28	NOTICE of Appearance by William S. Freeman (Freeman, William) (Filed on 2/14/2017) (Entered: 02/14/2017)	Feb. 14, 2017	Feb. 14, 2017 PACER
29	CERTIFICATE OF SERVICE by ACLU of Northern California, Hadil Al-Mowafak, John Doe, Wasim Ghaleb, Jewish Family & Community Services East Bay re 18 Summons Issued, 14 Initial Case Management Scheduling Order with ADR Deadlines, 15 Summons Issued, 21 Summons Issued, 22 Summons Issued, 20 Summons Issued, 17 Summons Issued, 1 Complaint, 13 Case Assigned by Intake,,, 23 Summons Issued, 19 Summons Issued (Lauridsen, Robert) (Filed on 2/16/2017) (Entered: 02/16/2017)	Feb. 16, 2017	Feb. 16, 2017 PACER
30	CERTIFICATE OF SERVICE by ACLU of Northern California, Hadil Al-Mowafak, John Doe, Wasim Ghaleb, Jewish Family & Community Services East Bay re 12 ADMINISTRATIVE MOTION to Proceed Anonymously, 14 Initial Case Management Scheduling Order with ADR Deadlines, 20 Summons Issued, 24 Certificate of Interested Entities, 17 Summons Issued, 10 Consent/Declination to Proceed Before a US Magistrate Judge, 1 Complaint, 13 Case Assigned by Intake,,, (Lauridsen, Robert) (Filed on 2/21/2017) (Entered: 02/21/2017)	Feb. 21, 2017	Feb. 21, 2017 PACER
31	Order by Hon. William H. Orrick granting 12 Administrative Motion to Procced Anonymously. (jmdS, COURT STAFF) (Filed on 2/28/2017) (Entered: 02/28/2017)	Feb. 28, 2017	Feb. 28, 2017 PACER
32	MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11202040.) filed by ACLU of Northern California, Hadil Al-Mowafak, John Doe, Wasim Ghaleb, Jewish Family & Community Services East Bay. (Attachments: # 1 Certificate of Good Standing)(Gelernt, Lee) (Filed on 3/3/2017) Modified on 3/6/2017 (aaaS, COURT STAFF). (Entered: 03/03/2017)	March 3, 2017	March 3, 2017 PACER
33	Order by Hon. William H. Orrick granting 32 Motion for Pro Hac Vice by Lee Gelernt. (jmdS, COURT STAFF) (Filed on 3/6/2017) Modified on 3/7/2017 (aaaS, COURT STAFF). (Entered: 03/06/2017)	March 6, 2017	March 6, 2017 PACER
34	MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11215280.) filed by ACLU of Northern California, Hadil Al-Mowafak, John Doe, Wasim Ghaleb, Jewish Family & Community Services East Bay. (Attachments: # 1 Exhibit Certificate of Good Standing)(Jadwat, Omar) (Filed on 3/8/2017) Modified on 3/9/2017 (aaaS, COURT STAFF). (Entered: 03/08/2017)	March 8, 2017	March 8, 2017 PACER
35	NOTICE by ACLU of Northern California, Hadil Al-Mowafak, John Doe, Wasim Ghaleb, Jewish Family & Community Services East Bay of Firm Name and Email Address Change (Lauridsen, Robert) (Filed on 3/10/2017) (Entered: 03/10/2017)	March 10, 2017	March 10, 2017 PACER
36	AMENDED COMPLAINT First Amended Class Action Complaint for Declaratory and Injunctive Relief against John Kelly, Kevin McAleenan, Rex W Tillerson, Donald Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of State. Filed byHadil Al-Mowafak, Jewish Family & Community Services East Bay. (Attachments: # 1Proposed Summons on Amended Complaint)(Lauridsen, Robert) (Filed on 3/13/2017) Modified on 3/21/2017 (aaaS, COURT STAFF). (Entered: 03/13/2017)	March 13, 2017	March 13, 2017 PACER
37	Order by Hon. William H. Orrick granting 34 Motion for Pro Hac Vice by Omar Jadwat. (jmdS, COURT STAFF) (Filed on 3/13/2017) (Entered: 03/13/2017)	March 13, 2017	March 13, 2017 PACER
38	ADMINISTRATIVE MOTION to Proceed Anonymously filed by ACLU of Northern California, Hadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay. Responses due by 3/17/2017. (Attachments: # 1 Declaration of John Doe, # 2 Declaration of Jane Roe, # 3 Proposed Order)(Lauridsen, Robert) (Filed on 3/13/2017) (Entered: 03/13/2017)	March 13, 2017	March 13, 2017 PACER
39	NOTICE of Appearance by Daniel E. Jackson (Jackson, Daniel) (Filed on 3/15/2017) (Entered: 03/15/2017)	March 15, 2017	March 15, 2017 PACER

Case: Al-Mowafak v. Trump

3:17-cv-00557 | U.S. District Court for the Northern District of California

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