Case: Al Homssi v. Trump

1:17-cv-00801 | U.S. District Court for the Northern District of Illinois

Filed Date: Jan. 31, 2017

Closed Date: Feb. 9, 2017

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Case Summary

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.

	Document
1:17-cv-00801	Docket Hommsi v. Trump	Feb. 9, 2017	Feb. 9, 2017 Docket
1 1:17-cv-00801	Complaint for Declaratory and Injunctive Relief Homssi v. Trump	Jan. 31, 2017	Jan. 31, 2017 Complaint

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/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief filed by AMER AL HOMSSI; Filing fee $ 400, receipt number 0752-12809660. (Attachments: # 1 Exhibit A - G)(Durkin, Thomas) (Entered: 01/31/2017)	Jan. 31, 2017	Jan. 31, 2017 PACER
2	CIVIL Cover Sheet (Durkin, Thomas) (Entered: 01/31/2017)	Jan. 31, 2017	Jan. 31, 2017 PACER
	CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Maria Valdez. (daj, )	Jan. 31, 2017	Jan. 31, 2017 PACER
3	MINUTE entry before the Honorable Elaine E. Bucklo: Status hearing set for 2/1/2017 at 9:00 a.m. Mailed notice. (mgh, ) (Entered: 01/31/2017)	Jan. 31, 2017	Jan. 31, 2017 PACER
4	MOTION by Plaintiff AMER AL HOMSSI for temporary restraining order and preliminary injunction, and for stay of enforcement of executive order & request for mandamus (EMERGENCY) (Durkin, Thomas) (Entered: 01/31/2017)	Jan. 31, 2017	Jan. 31, 2017 PACER
5	ATTORNEY Appearance for Plaintiff AMER AL HOMSSI by Thomas Anthony Durkin (Durkin, Thomas) (Entered: 01/31/2017)	Jan. 31, 2017	Jan. 31, 2017 PACER
6	ATTORNEY Appearance for Plaintiff AMER AL HOMSSI by Robin Valentina Waters (Waters, Robin) (Entered: 01/31/2017)	Jan. 31, 2017	Jan. 31, 2017 PACER
7	MINUTE entry: before the Honorable Elaine E. Bucklo: Status hearing set for 2/1/2017 at 9:00 a.m. is reset to 12:00 p.m. by agreement. Mailed notice. (mgh, ) (Entered: 02/01/2017)	Feb. 1, 2017	Feb. 1, 2017 PACER
8	MINUTE entry before the Honorable Elaine E. Bucklo: Status hearing held. Parties report settlement in principle. Status hearing is set for 2/9/2017 at 11:30 a.m. The Clerk of Court is directed to unseal all filings in this matter with the exception of docket entry no. 1, which will remain under seal, by agreement of the parties. Plaintiff is directed to file a redacted version of the complaint and its exhibits forthwith. Mailed notice. (mgh, ) (Entered: 02/01/2017)	Feb. 1, 2017	Feb. 1, 2017 PACER
9	COMPLAINT RE-FILED WITH REDACTED EXHIBITS filed by Amer Al Hommsi; (Attachments: # 1 Exhibit A - G)(Durkin, Thomas) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
11	MOTION to intervene by Gerald Dix (cc, ) (Entered: 02/07/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
12	MEMORANDUM in support of motion to intervene 11 (cc, ) (Entered: 02/07/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
13	NOTICE of Motion for presentment of motion to intervene 11 before Honorable Elaine E. Bucklo on 2/9/2017 at 11:30 AM. (cc, ) (Entered: 02/07/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
10	DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants John Kelly, Kevin K. McAleenan, Donald Trump, U.S. Customs and Border Protections, U.S. Department of Homeland Security (Oswald, Craig) (Entered: 02/07/2017)	Feb. 7, 2017	Feb. 7, 2017 PACER
14	MOTION by Plaintiff Amer Al Hommsi Plaintiff's Unopposed Motion for Voluntary Dismissal of Complaint, And For Leave to Reinstate By August 1, 2017 UNOPPOSED (Attachments: # 1 Exhibit A)(Durkin, Thomas) (Entered: 02/08/2017)	Feb. 8, 2017	Feb. 8, 2017 PACER
15	MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's motion for voluntary dismissal of this case, without prejudice, and with leave to reinstate on or before 8/1/17 is granted. The motion to intervene 11 is denied as moot. All pending dates and motions are terminated as moot. Civil case terminated. Mailed notice. (mgh, ) (Entered: 02/09/2017)	Feb. 9, 2017	Feb. 9, 2017 RECAP

Case: Al Homssi v. Trump

1:17-cv-00801 | U.S. District Court for the Northern District of Illinois

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