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

Clearinghouse coding complete

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 Imm…

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.

Summary Authors

Virginia Weeks (2/4/2017)

Ava Morgenstern (8/6/2017)

Esteban Woo Kee (11/19/2021)

Evan Gamza (5/21/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4578561/parties/amer-al-hommsi-v-trump/


Judge(s)

Bucklo, Elaine E. (Illinois)

Attorneys(s) for Plaintiff

Durkin, Thomas Anthony (Illinois)

Harcourt, Bernard E. (New York)

Waters, Robin Valentine (Illinois)

Attorneys(s) for Defendant

Oswald, Craig A (Illinois)

Judge(s)

Bucklo, Elaine E. (Illinois)

Attorneys(s) for Plaintiff

Durkin, Thomas Anthony (Illinois)

Harcourt, Bernard E. (New York)

Waters, Robin Valentine (Illinois)

Attorneys(s) for Defendant

Oswald, Craig A (Illinois)

Documents in the Clearinghouse

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

Resources

Title Description External URL Date / External URL

Presidential Executive Order 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 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: 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/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4578561/amer-al-hommsi-v-trump/

Last updated Aug. 4, 2022, 3:19 a.m.

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

Clearinghouse
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 Details

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 31, 2017

Closing Date: Feb. 9, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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).

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Office of the President of the United States (Washington D.C.), Federal

United States Department of Homeland Security (Washington D.C.), Federal

United States Customs & Border Protection (Washington D.C.), Federal

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.

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Disparate Treatment

Over/Unlawful Detention

Terrorism/Post 9-11 issues

Discrimination-basis:

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Convention against Torture

Detention - criteria

Detention - procedures

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern