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

Clearinghouse coding complete

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 …

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 Court for the Northern District of California, seeking declaratory and injunctive relief.

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.

Many of the documents in this case are not publicly available.

Summary Authors

Jamie Kessler (1/20/2018)

Virginia Weeks (6/21/2017)

Sichun Liu (1/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4580133/parties/al-mowafak-v-trump/


Judge(s)

Orrick, William Horsley III (California)

Attorneys(s) for Plaintiff

Amdur, Spencer (New York)

Arulanantham, Ahilan T (California)

Bardis, Vakili (California)

Coleman, Novella (California)

Freeman, William S. (California)

Gelernt, Lee (New York)

Jackson, Daniel E. (California)

Jadwat, Omar C. (New York)

Kanig, Ian Asher (California)

Judge(s)

Orrick, William Horsley III (California)

Attorneys(s) for Plaintiff

Amdur, Spencer (New York)

Arulanantham, Ahilan T (California)

Bardis, Vakili (California)

Coleman, Novella (California)

Freeman, William S. (California)

Gelernt, Lee (New York)

Jackson, Daniel E. (California)

Jadwat, Omar C. (New York)

Kanig, Ian Asher (California)

Lauridsen, Robert Adam (California)

Loy, John David (California)

Mass, Julia Harumi (California)

Mehta, Neha (California)

Newell, Jennifer Chang (California)

Rapaport, Jay (California)

Risher , Michael Temple (California)

Santacana, Eduardo E. (California)

Segura, Andre Ivan (California)

Sun, Christine Patricia (California)

Talla, Vasudha (New York)

Thacher, Thomas Day (New York)

Vakili [inactive], Bardis (California)

Wang, Cecillia D (California)

Yang, Grace Yu-Ting (California)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Garg, Arjun (District of Columbia)

Rosenberg, Brad P. (District of Columbia)

Other Attorney(s)

Readler, Chad Andrew (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Stretch, Brian (District of Columbia)

Tyler, John Russell (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 8, 2018 Docket
1

Class Action Complaint for Declaratory and Injunctive Relief

Feb. 2, 2017 Complaint
36

First Amended Class Action Complaint for Declaratory and Injunctive Relief

March 13, 2017 Complaint
65

Order Regarding Case Management Conference

May 26, 2017 Order/Opinion
69

Stipulation and Order Regarding Partial Stay

June 19, 2017 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4580133/al-mowafak-v-trump/

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

ECF Number Description 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 RECAP
2

Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
3

Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
4

Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
5

Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
6

Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
7

Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
8

Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
9

Proposed Summons. (Lauridsen, Robert) (Filed on 2/2/2017) (Entered: 02/02/2017)

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 PACER
11

NOTICE of Appearance by Jay Rapaport (Rapaport, Jay) (Filed on 2/2/2017) (Entered: 02/02/2017)

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 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 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 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 PACER
15

Summons Issued as to Donald Trump. (aaaS, COURT STAFF) (Filed on 2/3/2017) (Entered: 02/03/2017)

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 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 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 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 PACER
20

Summons Issued as to Rex W Tillerson. (aaaS, COURT STAFF) (Filed on 2/3/2017) (Entered: 02/03/2017)

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 PACER
22

Summons Issued as to Kevin McAleenan. (aaaS, COURT STAFF) (Filed on 2/3/2017) (Entered: 02/03/2017)

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 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 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 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 PACER
27

NOTICE of Appearance by Novella Yvette Coleman (Coleman, Novella) (Filed on 2/13/2017) (Entered: 02/13/2017)

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 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 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 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 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 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 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 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 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 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 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 PACER
39

NOTICE of Appearance by Daniel E. Jackson (Jackson, Daniel) (Filed on 3/15/2017) (Entered: 03/15/2017)

March 15, 2017 PACER
40

CERTIFICATE OF SERVICE by Hadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay, Eric Miller re 36 Amended Complaint, 38 ADMINISTRATIVE MOTION to Proceed Anonymously (Lauridsen, Robert) (Filed on 3/15/2017) (Entered: 03/15/2017)

March 15, 2017 PACER
41

NOTICE of Appearance by Arjun Garg (Garg, Arjun) (Filed on 3/16/2017) (Entered: 03/16/2017)

March 16, 2017 PACER
42

CERTIFICATE OF SERVICE by Hadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay, Eric Miller re 36 Amended Complaint, 38 ADMINISTRATIVE MOTION to Proceed Anonymously (Lauridsen, Robert) (Filed on 3/16/2017) (Entered: 03/16/2017)

March 16, 2017 PACER
43

MOTION for Preliminary Injunction filed by Hadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay, Eric Miller. Motion Hearing set for 4/26/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 3/30/2017. Replies due by 4/6/2017. (Attachments: # 1 Declaration of Jane Roe, # 2 Declaration of Avi Rose, # 3 Declaration of Eric Miller, # 4 Declaration Venus Keus, # 5 Proposed Order)(Jackson, Daniel) (Filed on 3/16/2017) (Entered: 03/16/2017)

March 16, 2017 PACER
44

NOTICE of Appearance by Brad Prescott Rosenberg (Rosenberg, Brad) (Filed on 3/20/2017) (Entered: 03/20/2017)

March 20, 2017 PACER
45

NOTICE of Appearance by Michelle Renee Bennett (Bennett, Michelle) (Filed on 3/21/2017) (Entered: 03/21/2017)

March 21, 2017 PACER
46

Summons Issued as to Brian Humphrey, U.S. Customs and Border Protection. (aaaS, COURT STAFF) (Filed on 3/21/2017) (Entered: 03/21/2017)

March 21, 2017 PACER
47

CERTIFICATE OF SERVICE by Hadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay, Eric Miller re 46 Summons Issued (Rapaport, Jay) (Filed on 3/21/2017) (Entered: 03/21/2017)

March 21, 2017 PACER
48

MOTION to Certify Class filed by Hadil Al-Mowafak, John Doe, Eric Miller. Motion Hearing set for 4/26/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 4/5/2017. Replies due by 4/12/2017. (Attachments: # 1 Declaration of R. Adam Laurdisen, # 2 Declaration of Hadil Al-Mowafak, # 3 Declaration of Julia Harumi Mass, # 4 Declaration of Eric Miller, # 5 Declaration of John Doe, # 6 Declaration of Jane Roe, # 7 Proposed Order)(Lauridsen, Robert) (Filed on 3/22/2017) (Entered: 03/22/2017)

March 22, 2017 PACER
49

STIPULATION re 36 Amended Complaint, Extending Deadline to Respond filed by Carrie Azurin, Brian Humphrey, 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. (Garg, Arjun) (Filed on 3/28/2017) (Entered: 03/28/2017)

March 28, 2017 PACER
50

MOTION & [PROPOSED] ORDER for Extension of Time to File Response/Reply as to 48 MOTION to Certify Class filed by Carrie Azurin, Brian Humphrey, 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. (Attachments: # 1 Declaration of Arjun Garg)(Garg, Arjun) (Filed on 3/28/2017) Modified on 3/29/2017 (aaaS, COURT STAFF). (Entered: 03/28/2017)

March 28, 2017 PACER
51

CERTIFICATE OF SERVICE by Hadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay, Eric Miller re 36 Amended Complaint, 42 Certificate of Service, 38 ADMINISTRATIVE MOTION to Proceed Anonymously, 39 Notice of Appearance, 35 Notice (Other), 43 MOTION for Preliminary Injunction, 41 Notice of Appearance, 47 Certificate of Service, 48 MOTION to Certify Class, 46 Summons Issued, 40 Certificate of Service, on Defendant U.S. Customs and Border Protection (Lauridsen, Robert) (Filed on 3/28/2017) (Entered: 03/28/2017)

March 28, 2017 PACER
52

CERTIFICATE OF SERVICE by Hadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay, Eric Miller re 36 Amended Complaint, 42 Certificate of Service, 38 ADMINISTRATIVE MOTION to Proceed Anonymously, 39 Notice of Appearance, 35 Notice (Other), 43 MOTION for Preliminary Injunction, 41 Notice of Appearance, 47 Certificate of Service, 48 MOTION to Certify Class, 46 Summons Issued, 40 Certificate of Service, on Defendant Brian Humphrey, Field Director, San Francisco Field Office of U.S. Customs and Border Protection (Lauridsen, Robert) (Filed on 3/28/2017) (Entered: 03/28/2017)

March 28, 2017 PACER
53

OPPOSITION/RESPONSE (re 50 MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Certify Class ) filed byHadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay, Eric Miller. (Lauridsen, Robert) (Filed on 3/30/2017) (Entered: 03/30/2017)

March 30, 2017 PACER
54

OPPOSITION/RESPONSE (re 43 MOTION for Preliminary Injunction ) filed byCarrie Azurin, Brian Humphrey, 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. (Garg, Arjun) (Filed on 3/30/2017) (Entered: 03/30/2017)

March 30, 2017 PACER
55

ORDER GRANTING DEFENDANTS' REQUEST TO ENLARGE TIME ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION - Set/Reset Deadlines as to 48 MOTION to Certify Class. Responses due by 4/19/2017. Replies due by 5/3/2017. Motion Hearing set for 5/17/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 03/30/2017. (jmdS, COURT STAFF) (Filed on 3/30/2017) (Entered: 03/30/2017)

March 30, 2017 PACER
56

Order Granting 38 Plaintiffs' Administrative Motions for Leave to Proceed Anonymously by Hon. William H. Orrick. (jmdS, COURT STAFF) (Filed on 4/3/2017) (Entered: 04/03/2017)

April 3, 2017 PACER
57

MOTION & [PROPOSED] ORDER to Stay Proceedings filed by Carrie Azurin, Brian Humphrey, 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. Motion Hearing set for 5/10/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 4/19/2017. Replies due by 4/26/2017. (Garg, Arjun) (Filed on 4/5/2017) Modified on 4/6/2017 (aaaS, COURT STAFF). (Entered: 04/05/2017)

April 5, 2017 PACER
58

STIPULATION WITH PROPOSED ORDER re 57 MOTION to Stay Proceedings Seeking to Shorten Schedule filed by Carrie Azurin, Brian Humphrey, 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. (Attachments: # 1 Declaration of Arjun Garg)(Garg, Arjun) (Filed on 4/5/2017) (Entered: 04/05/2017)

April 5, 2017 PACER
59

ORDER granting 58 STIPULATION regarding schedule for 57 MOTION to Stay. Response due by 4/11/2017. Reply due by 4/13/2017. Signed by Judge William H. Orrick on 04/06/2017. (jmdS, COURT STAFF) (Filed on 4/6/2017) (Entered: 04/06/2017)

April 6, 2017 PACER
60

REPLY (re 43 MOTION for Preliminary Injunction ) filed byJewish Family & Community Services East Bay, Eric Miller, Jane Roe. (Attachments: # 1 Declaration of Dan Jackson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Declaration of Avi Rose)(Jackson, Daniel) (Filed on 4/6/2017) (Entered: 04/06/2017)

April 6, 2017 PACER
61

OPPOSITION/RESPONSE (re 57 MOTION to Stay Proceedings ) filed byHadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay, Eric Miller, Jane Roe. (Attachments: # 1 Declaration of R. Adam Lauridsen in Support of Plaintiffs' Opposition to Defendants' Motion to Stay)(Lauridsen, Robert) (Filed on 4/11/2017) (Entered: 04/11/2017)

April 11, 2017 PACER
62

REPLY (re 57 MOTION to Stay Proceedings ) filed byCarrie Azurin, Brian Humphrey, 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. (Garg, Arjun) (Filed on 4/13/2017) (Entered: 04/13/2017)

April 13, 2017 PACER
63

ORDER CONTINUING HEARINGS and settling 57 MOTION to Stay Proceedings. The hearing as to 43 MOTION for Preliminary Injunction is continued to 5/31/2017 02:00 PM (if the Ninth Circuit has ruled by 5/24/2017). If the Circuit has not ruled, a Case Management Statement is due by 5/30/2017 and a Case Management Conference will be conducted on 5/31/2017 02:00 PM. If plaintiffs, through supplemental briefing, wish to attempt to demonstrate a risk of immediate and irreparable harm as a result of this schedule, then the timing of the hearing may be reconsidered. Defendants will have four days to respond to any supplemental briefing filed by plaintiffs. Signed by Judge William H. Orrick on 04/18/2017. (jmdS, COURT STAFF) (Filed on 4/18/2017) (Entered: 04/18/2017)

April 18, 2017 PACER

Hearing re 48 MOTION to Certify Class (previously set for 4/26/2017) is VACATED until further order of the Court. (jmdS, COURT STAFF) (Filed on 4/18/2017)

April 18, 2017 PACER
64

NOTICE by Carrie Azurin, Brian Humphrey, 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 Regarding May 31, 2017 Hearing (Garg, Arjun) (Filed on 5/26/2017) (Entered: 05/26/2017)

May 26, 2017 PACER
65

ORDER. Signed by Judge William H. Orrick on 05/26/2017. (jmdS, COURT STAFF) (Filed on 5/26/2017) (Entered: 05/26/2017)

May 26, 2017 PACER
66

JOINT CASE MANAGEMENT STATEMENT filed by Hadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay, Eric Miller, Jane Roe. (Lauridsen, Robert) (Filed on 5/30/2017) (Entered: 05/30/2017)

May 30, 2017 PACER
67

Minute Entry for proceedings held before Hon. William H. Orrick: Initial Case Management Conference held on 5/31/2017. Related litigation and discovery schedule discussed. Total Time in Court 16 minutes. Court Reporter Name Belle Ball. Plaintiff Attorneys Adam Lauridsen and Julia Harumi Mass. Defendant Attorneys Arjun Garg and John Tyler. (jmdS, COURT STAFF) (Date Filed: 6/1/2017) (Entered: 06/01/2017)

June 1, 2017 PACER
68

STIPULATION WITH PROPOSED ORDER re 67 Case Management Conference - Initial, Partial Stay filed by Hadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay, Eric Miller, Jane Roe. (Lauridsen, Robert) (Filed on 6/16/2017) (Entered: 06/16/2017)

June 16, 2017 PACER
69

Order Regarding Partial Stay by Hon. William H. Orrick granting 68 Stipulation. (jmdS, COURT STAFF) (Filed on 6/19/2017) (Entered: 06/19/2017)

June 19, 2017 PACER
70

ERRONEOUSLY ENTERED: PLEASE DISREGARD ORDER RESCHEDULING SENTENCING. The sentencing hearing is re-scheduled from 03/14/2018 to 03/07/2018, at 2:15 p.m. Signed by Judge Maxine M. Chesney on 12/07/2017. (mmclc2, COURT STAFF) (Filed on 12/7/2017) Modified on 12/11/2017 (aaaS, COURT STAFF). (Entered: 12/07/2017)

Dec. 7, 2017 PACER
71

NOTICE of Appearance by Vasudha Talla (Talla, Vasudha) (Filed on 12/7/2017) (Entered: 12/07/2017)

Dec. 7, 2017 PACER
72

NOTICE of Appearance by Mohammad K Tajsar (Tajsar, Mohammad) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 PACER
73

STIPULATION WITH PROPOSED ORDER Regarding Filing of Second Amended Complaint and Lifting of Stay filed by Hadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay, Eric Miller, Jane Roe. (Attachments: # 1 Proposed Order Re: Stipulation Regarding Filing of Second Amended Complaint and Lifting of Stay)(Lauridsen, Robert) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 PACER
74

NOTICE of Appearance by Bailey Wilson Heaps (Heaps, Bailey) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 PACER
75

NOTICE of Appearance by Neha Mehta (Mehta, Neha) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 PACER
76

AMENDED COMPLAINT (Second Amended) against Brian Humphrey, 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, Daniel Coats, Office of the Director of National Intelligence. Filed byEric Miller, Hadil Al-Mowafak, Jane Roe, John Doe, Jewish Family & Community Services East Bay. (Lauridsen, Robert) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 PACER
77

ADMINISTRATIVE MOTION for Leave to Proceed Anonymously filed by Hadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay, Eric Miller, Jane Roe. Responses due by 12/12/2017. (Attachments: # 1 Declaration of Jane Roe 2 in Support of Administrative Motion for Leave to Proceed Anonymously, # 2 Declaration of John Doe 2 in Support of Administrative Motion for Leave to Proceed Anonymously)(Lauridsen, Robert) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 PACER
78

Proposed Order re 77 ADMINISTRATIVE MOTION for Leave to Proceed Anonymously by Hadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay, Eric Miller, Jane Roe. (Lauridsen, Robert) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 PACER
79

MOTION for Preliminary Injunction ; Memorandum of Points and Authorities filed by Hadil Al-Mowafak, John Doe, Eric Miller, Jane Roe. Motion Hearing set for 1/17/2018 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Judge William H. Orrick. Responses due by 12/22/2017. Replies due by 12/29/2017. (Attachments: # 1 Declaration of Jane Roe 2 in Support of Motion for Preliminary Injunction, # 2 Declaration of John Doe 2 in Support of Motion for Preliminary Injunction, # 3 Declaration of Avi Rose in Support of Motion for Preliminary Ijunction, # 4 Declaration of Jay Rapaport in Support of Motion for Preliminary Injunction, # 5 Proposed Order Granting Motion for Preliminary Injunction)(Lauridsen, Robert) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 PACER
80

MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11938918.) filed by Hadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay, Eric Miller, Jane Roe. (Amdur, Spencer) (Filed on 12/8/2017) Modified on 12/11/2017 (aaaS, COURT STAFF). (Entered: 12/08/2017)

Dec. 8, 2017 PACER
81

NOTICE of Appearance by Cody H. Wofsy (Wofsy, Cody) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 PACER
82

ORDER RE: STIPULATION REGARDING FILING OF SECOND AMENDED COMPLAINT AND LIFTINGOF STAY by Judge William H. Orrick granting 73 Stipulation. (jmdS, COURT STAFF) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 PACER
83

Order by Judge William H. Orrick granting 80 Motion for Pro Hac Vice by Spencer Amdur. (jmdS, COURT STAFF) (Filed on 12/8/2017) (Corrected Image added on 12/8/2017) (jmdS, COURT STAFF). (Entered: 12/08/2017)

1 Corrected Image

View on PACER

Dec. 8, 2017 PACER
84

Proposed Summons. (Lauridsen, Robert) (Filed on 12/11/2017) (Entered: 12/11/2017)

Dec. 11, 2017 PACER
85

Summons Issued as to Daniel Coats, Office of the Director of National Intelligence. (aaaS, COURT STAFF) (Filed on 12/12/2017) (Entered: 12/12/2017)

Dec. 12, 2017 PACER
86

OPPOSITION/RESPONSE (re 77 ADMINISTRATIVE MOTION for Leave to Proceed Anonymously ) filed byDaniel Coats, Brian Humphrey, John Kelly, Kevin McAleenan, Kirstjen Nielsen, Office of the Director of National Intelligence, Rex W Tillerson, Donald Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of State. (Bennett, Michelle) (Filed on 12/12/2017) (Entered: 12/12/2017)

Dec. 12, 2017 PACER
87

CERTIFICATE OF SERVICE by Hadil Al-Mowafak, John Doe, Jewish Family & Community Services East Bay, Eric Miller, Jane Roe re 76 Amended Complaint, 78 Proposed Order, 77 ADMINISTRATIVE MOTION for Leave to Proceed Anonymously, 82 Order on Stipulation, 79 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities, 85 Summons Issued (Lauridsen, Robert) (Filed on 12/12/2017) (Entered: 12/12/2017)

Dec. 12, 2017 PACER
88

ORDER GRANTING 77 ADMINISTRATIVE MOTION FOR LEAVE TO PROCEED ANONYMOUSLY by Judge William H. Orrick. (jmdS, COURT STAFF) (Filed on 12/15/2017) (Entered: 12/15/2017)

Dec. 15, 2017 PACER
89

OPPOSITION/RESPONSE (re 79 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities ) filed byDaniel Coats, Brian Humphrey, John Kelly, Kevin McAleenan, Kirstjen Nielsen, Office of the Director of National Intelligence, Rex W Tillerson, Donald Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of State. (Attachments: # 1 Declaration of Jennifer B. Higgins)(Bennett, Michelle) (Filed on 12/22/2017) (Entered: 12/22/2017)

Dec. 22, 2017 PACER
90

REPLY (re 79 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities ) filed byHadil Al-Mowafak, John Doe, John Doe 2, Jewish Family & Community Services East Bay, Eric Miller, Jane Roe, Jane Roe 2. (Lauridsen, Robert) (Filed on 12/29/2017) (Entered: 12/29/2017)

Dec. 29, 2017 PACER
91

ORDER STAYING CASE AND VACATING HEARING re 79 MOTION for Preliminary Injunction. The hearing set for January 17, 2018 is VACATED and this matter is STAYED. Either side may seek to lift the stay and reset the hearing if changed circumstances warrant such action. Signed by Judge William H. Orrick on 01/08/2018. (jmdS, COURT STAFF) (Filed on 1/8/2018) (Entered: 01/08/2018)

Jan. 8, 2018 RECAP
92

NOTICE of Change In Counsel by Arjun Garg (Garg, Arjun) (Filed on 4/6/2018) (Entered: 04/06/2018)

April 6, 2018 PACER
93

CLERK'S NOTICE - Case Management Conference set for 8/28/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Joint Case Management Statement due by 8/21/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 8/6/2018) (Entered: 08/06/2018)

Aug. 6, 2018 PACER
94

STIPULATION WITH PROPOSED ORDER To Continue Case Management Conference filed by John Doe, John Doe 2, Jewish Family & Community Services East Bay, Jane Roe, Jane Roe 2. (Lauridsen, Robert) (Filed on 8/20/2018) (Entered: 08/20/2018)

Aug. 20, 2018 PACER
95

Order by Judge William H. Orrick granting 94 Stipulated Request to Continue Case Management Conference. Case Management Statement due by 9/18/2018. Case Management Conference reset for 9/25/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor. (jmdS, COURT STAFF) (Filed on 8/21/2018) (Entered: 08/21/2018)

Aug. 21, 2018 RECAP
96

NOTICE by John Doe, John Doe 2, Jewish Family & Community Services East Bay, Jane Roe, Jane Roe 2 Notice of Withdrawal of Counsel Julia Harumi Mass (Talla, Vasudha) (Filed on 9/11/2018) (Entered: 09/11/2018)

Sept. 11, 2018 PACER
97

JOINT CASE MANAGEMENT STATEMENT filed by John Doe, John Doe 2, Jewish Family & Community Services East Bay, Jane Roe, Jane Roe 2. (Lauridsen, Robert) (Filed on 9/17/2018) (Entered: 09/17/2018)

Sept. 17, 2018 PACER
98

CLERK'S NOTICE - Case Management Conference continued to 1/29/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 1/22/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 9/19/2018) (Entered: 09/19/2018)

Sept. 19, 2018 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Feb. 2, 2017

Closing Date: May 6, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Students attending California schools, the ACLU of Northern California, and Jewish Family & Community Services East Bay.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

ACLU of Northern California

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

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

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

San Francisco Field Office (San Francisco), Federal

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

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

Case Details

Causes of Action:

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

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

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

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

Constitutional Clause(s):

Due Process

Equal Protection

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Treatment

Religious programs / policies

Terrorism/Post 9-11 issues

Discrimination-basis:

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern