Filed Date: Jan. 31, 2017
Closed Date: Feb. 9, 2017
Clearinghouse coding complete
This action, filed January 31, 2017, challenged President Trump’s January 27, 2017, Executive Order (EO-1) banning nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the U.S. The complaint alleged that in preventing the plaintiff, a Syrian national with valid J-1 and B1/B2 visas, from returning to the U.S. pursuant to the EO, the federal government violated the First Amendment Establishment Clause, the Fifth Amendment Due Process and Equal Protection Clauses, the Immigration and Nationality Act, the Administrative Procedure Act, and U.S. obligations under international law including the Refugee Convention. The case was filed in the U.S. District Court for the Northern District of Illinois (in Chicago), and the plaintiff sought declaratory and injunctive relief against President Trump in his official capacity, the Department of Homeland Security, and U.S. Customs and Border Protection.
The plaintiff, represented by private counsel and Prof. Bernard Harcourt of Columbia Law School, was a physician resident at the University of Illinois Chicago/Advocate Christ Hospital. He returned to the United Arab Emirates to get married on January 23, 2017, and upon returning to the U.S. to continue his residency, he was detained at Abu Dhabi International Airport on January 29. The plaintiff claimed that if he could not return to the U.S., he faced the risk of being deported to Syria, where he had never lived but held citizenship status.
Upon filing this complaint, the plaintiff also filed a motion for a temporary restraining order and preliminary injunction. The case was assigned to District Judge Elaine Bucklo. At a status hearing the next day the parties told the judge they had reached a "settlement in principle." Judge Bucklo set a status hearing for February 9 at which they could update her on the progress towards settlement or otherwise.
According to news reports, the plaintiff successfully entered the United States at Chicago O'Hare International Airport on February 2, 2017. On February 8, the plaintiff filed a motion for voluntary dismissal but asked for leave to reinstate his claims on or before August 1, 2017. On February 9, Judge Bucklo granted the plaintiff's motion and terminated all pending dates and motions as moot. In this order, the District Judge also agreed that the plaintiff had leave to reinstate on or before August 1. The plaintiff did not reinstate his complaint.
Aside from the docket, only the complaint is publicly available for this case.
This case is now closed.
Virginia Weeks (2/4/2017)
Ava Morgenstern (8/6/2017)
Esteban Woo Kee (11/19/2021)
Evan Gamza (5/21/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4578561/parties/amer-al-hommsi-v-trump/
Bachi, Daniel M. (Illinois)
Bell, Charles Herbert (Illinois)
Attorney, Noticing INS (Illinois)
Barghaan, Dennis Carl (Illinois)
Barnard, Thomas H (Illinois)
Bucklo, Elaine E. (Illinois)
See docket on RECAP: https://www.courtlistener.com/docket/4578561/amer-al-hommsi-v-trump/
Last updated Sept. 27, 2023, 3 a.m.
State / Territory: Illinois
Filing Date: Jan. 31, 2017
Closing Date: Feb. 9, 2017
Case Ongoing: No
Syrian national valid U.S. visas denied access to a flight to the U.S. due to the January 27, 2017, version of President Trump's Travel Ban (EO-1).
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Causes of Action:
Prevailing Party: Plaintiff
Source of Relief:
Form of Settlement:
Content of Injunction: