Case: Hawaii v. Trump

1:17-cv-00050 | U.S. District Court for the District of Hawaii

Filed Date: Feb. 3, 2017

Closed Date: Oct. 2, 2018

Clearinghouse coding complete

Case Summary

The below summary is a condensed version. The full summary can be found here on the Clearinghouse website. Hawaii Attorney General Douglas S. Chin filed this lawsuit on February 3, 2017 against President Trump’s Jan. 27, 2017 Executive Order (EO-1) barring legal immigrants, visitors, and refugees from seven majority-Muslim countries from entering the US and barring Syrian refugees indefinitely. The State filed a concurrent complaint and motion for a temporary restraining order in the U.S. Distr…

The below summary is a condensed version. The full summary can be found here on the Clearinghouse website.

Hawaii Attorney General Douglas S. Chin filed this lawsuit on February 3, 2017 against President Trump’s Jan. 27, 2017 Executive Order (EO-1) barring legal immigrants, visitors, and refugees from seven majority-Muslim countries from entering the US and barring Syrian refugees indefinitely. The State filed a concurrent complaint and motion for a temporary restraining order in the U.S. District Court for the District of Hawaii. The case was assigned to Judge Derrick K. Watson.

The complaint argued that Hawaii has an interest in protecting “its residents, its employers, its educational institutions, and its sovereignty against illegal actions of President Donald J. Trump.” The complaint noted that Hawaii is the nation’s most ethnically diverse state, and that EO-1 was tearing apart families and wounding Hawaii’s economic institutions. The complaint alleged that EO-1 violated the First Amendment Establishment Clause, Fifth Amendment equal protection and due process rights, the Administrative Procedure Act, and the Immigration and Nationality Act.

Hawaii sought declaratory and injunctive relief; it asked the court to enjoin defendants nationwide from barring entry to the US of immigrants and nonimmigrants pursuant to EO-1.

On March 6, prompted by adverse developments in another case, Washington v. Trump, the President rescinded the Jan. 27 EO and replaced it with a narrower one, Executive Order 13780 (EO-2). EO-2 departed from EO-1 in two significant ways: first, it removed Iraq from the list of countries covered by the order, and second it no longer barred entry to lawful permanent residents and existing visa holders. Additionally, for other would-be travelers and immigrants, it banned entry into the United States but set up a case-by-case waiver process.

On March 8, the court allowed Hawaii to file a Second Amended Complaint and motion for TRO. The State of Hawaii's Second Amended Complaint alleged that "the second Executive Order is infected with the same legal problems as the first Order," namely, that it violated the First and Fifth Amendments along with the INA and APA. Later, a number of parties, including many civil rights advocacy groups, filed their appearance in the suit. A number of parties also filed amici briefs and appearances.

On March 15, the District Court heard oral argument on Hawaii's motion for a temporary restraining order. The court granted the motion on the same day, enjoining the defendants nationwide from enforcing or implementing Sections 2 and 6 of EO-2. Specifically, the court found that the plaintiffs had met their burden of establishing a strong likelihood of success on the merits of their Establishment Clause claim, that irreparable injury is likely if the requested relief is not issued, and that the balance of the equities and public interest counsel in favor of granting the requested relief. This was the first nationwide injunction of EO-2. 241 F. Supp. 3d 1119.

Six days after winning the temporary restraining order, the plaintiffs filed a motion, along with accompanying declarations, to convert the temporary restraining order into a preliminary injunction. On March 29, the court heard oral arguments on the plaintiffs' motion to convert the TRO into a preliminary injunction. On the same day, the court granted the motion and enjoined Sections 2 and 6 of the EO across the nation. On March 30, the DOJ filed a notice of appeal. 245 F. Supp. 3d 1227.

The parties filed a joint motion to suspend district court proceedings pending resolution of the DOJ's appeal at the Ninth Circuit. The court granted this motion and the matter thus moved entirely to the Ninth Circuit. On April 7, the DOJ moved in the Ninth Circuit for a stay of the district court's injunction pending the Ninth Circuit appeal.

On June 1, the Ninth Circuit issued its opinion upholding the district court's preliminary injunction in major part. In an 86-page per curiam opinion by Judges Michael Daly Hawkins, Ronald M. Gould, and Richard A. Paez, the Court of Appeals addressed only the issues of justiciability and the statutory claims, finding the matter justiciable and holding that the Immigration and Nationality Act forbids nationality discrimination in visa-issuance (and therefore in categorical rules governing entry) and also forbids summary changes to the number of refugees admissible in a given year. The Court of Appeals narrowed the preliminary injunction to remove its direct applicability to President Trump (while affirming its coverage of the governmental actors who would carry out EO-2) and to allow the interagency consultation required by EO-2 to proceed unimpeded.

On June 26, the Supreme Court agreed to hear this case and consolidated it with IRAP v. Trump, an analogous case from the District of Maryland. In addition to the issues identified in the petitions, the High Court directed the parties to address the following question: "Whether the challenges to §2(c) [the part of the EO that suspended entry to nationals from Iran, Libya, Somalia, Sudan, and Yemen for ninety days] became moot on June 14, 2017." The Supreme Court declined to stay most of the preliminary injunction, but did reverse that injunction's application to "foreign nationals who lack any bona fide relationship with a person or entity in the United States." The Court noted that foreign nationals who do not have a close family tie or a formal, documented relationship with an entity (such as a school or employer) may have §2(c) enforced against them.

The Supreme Court set an October 2017 hearing for the consolidated cases, but in the meantime it remained for the district court to adjudicate disputes over what remained of the preliminary injunction. From late June through July, the remaining issues in the case made their way through the district court and eventually back to the Ninth Circuit. On Sept 7, the Ninth Circuit issued a per curium opinion affirming, in its entirety, the district court's July 13 modification of its preliminary injunction, which prohibited the federal government from applying EO-2 to grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the US.

On September 11, the federal government moved to stay the Ninth Circuit's order, arguing that the Ninth Circuit's decision rendered the Supreme Court's June 26 stay "functionally inoperative" in that it would "disrupt the status quo and frustrate orderly implementation of the [Executive Order's] refugee provisions that [SCOTUS] made clear months ago could take effect." That same day, the Supreme Court issued the following order: "It is ordered that the mandate of the United States Court of Appeals for the Ninth Circuit, case No. 17-16426, is hereby stayed with respect to refugees covered by a formal assurance, pending receipt of a response, due on or before Tuesday, September 12, 2017, by 12p.m., and further order of the undersigned or of the Court."

The Supreme Court was set to hear this case on the merits on October 10. However, the travel ban imposed by EO-2 expired on September 24. That same day, the Trump Administration signed a new proclamation (EO-3) indefinitely restricting travel from the following eight countries: Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen. The Supreme Court cancelled the October 10 hearing, issuing the following order: "We granted certiorari in this case to resolve a challenge to the temporary suspension of entry of aliens abroad under Section 2(c) of Executive Order No. 13,780. Because that provision of the Order expired by its own terms on September 24, 2017, the appeal no longer presents a live case or controversy. Following our established practice in such cases, the judgment is therefore vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit with instructions to dismiss as moot the challenge to Executive Order. No. 13,780. We express no view on the merits. Justice Sotomayor dissents from the order vacating the judgment below and would dismiss the writ of certiorari as improvidently granted."

Hawaii filed its third amended complaint and moved for a temporary restraining order. The Third Amended Complaint argued that EO-3, continued to target Muslim-majority countries and would continue to harm Hawaii’s economy and hinder the state’s efforts to assist refugees. Hawaii further moved for a TRO, to which the federal government responded with a motion to oppose on October 14. On October 17, District Judge Derrick K. Watson granted Hawaii's TRO motion and fully enjoined the federal government from enforcing or implementing Sections 2(a), (b), (c), (e), (g), and (h) of EO-3 across the nation. Judge Watson held that EO-3's aspirational policy goals of combatting terrorism and fostering cooperativeness in other countries are not tantamount to a finding by the President that the entry of any aliens into the US would be detrimental to US interests, as required by the INA: "[M]any of EO-3's structural provisions are unsupported by verifiable evidence, undermining any claim that its findings 'support the conclusion' to categorically ban the entry of millions." 265 F. Supp. 3d 1140.

On October 24, the DOJ appealed the district court's preliminary injunction to the Ninth Circuit (Docket # 17-17168) and requested that the Ninth Circuit stay the district court's PI pending final disposition of the appeal on the merits. The Ninth Circuit granted in part and denied in part the government's motion for an emergency stay of the district court's preliminary injunction pending hearing on November 13. The court of appeals stayed the injunction in its entirety except as to foreign nationals who have a credible claim of a bona fide relationship with a person or an entity in the United States. Citing the earlier Ninth Circuit decision, 871 F.3d 646, the court noted that persons with a "bona fide relationship" include grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins. Regarding relationships with U.S. entities, the court noted that such relationships must be "formal, documented, and formed in the ordinary course, rather than for the purpose of evading [EO-3]." 2017 WL 5343014.

On November 21, the DOJ asked the Supreme Court to stay the injunction. The Supreme Court did so on December 4, issuing the following order: "The application for a stay presented to Justice Kennedy and by him referred to the Court is granted, and the District Court's October 20, 2017 order granting a preliminary injunction is stayed pending disposition of the Government's appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government's petition for a writ of certiorari, if such a writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment. In light of its decision to consider the case on an expedited basis, we expect that the Court of Appeals will render its decision with appropriate dispatch. Justice Ginsburg and Justice Sotomayor would deny the application."

On December 6, the parties held oral argument before the Ninth Circuit on the DOJ's emergency stay motion. On December 22, the Ninth Circuit issued a per curium opinion affirming the district court's order enjoining EO-3's sections 2(a), (b), (c), (e), (g), and (h), but limiting the scope of the preliminary injunction to foreign nationals who have a bona fide relationship with a person or entity in the United States.

2018 Developments --

On January 5, 2018, the DOJ filed for cert. in the Supreme Court, No. 17-965. The Supreme Court granted cert on January 19. The Supreme Court heard oral arguments on April 25 and a full recording of the arguments can be found here.

On June 26, the Supreme Court reversed the Ninth Circuit judgment, rejecting plaintiffs' constitutional challenges to EO-3. Writing for the majority, Chief Justice Roberts endorsed a broad view of presidential power, holding that under the INA the President has "broad discretion to suspend the entry of aliens into the United States” and that here the President "lawfully exercised that discretion.” The majority dismissed the plaintiffs’ claims that the President must explain his findings, calling the argument “questionable” and writing that “the 12-page Proclamation—which thoroughly describes the process, agency evaluations, and recommendations underlying the President’s chosen restrictions—is more detailed than any prior order a President has issued under §1182(f).” As for plaintiff’s Establishment Clause argument, the Court first noted that EO-3's facially neutral policy towards religion forced the Court to take the extra step of probing "the sincerity of the stated justifications for the policy by reference to extrinsic statements—many of which were made before the President took the oath of office.” Applying a rational basis test, the Court found that “the Proclamation is expressly premised on legitimate purposes: preventing entry of nationals who cannot be adequately vetted and inducing other nations to improve their practices. The text says nothing about religion.” Notably, the Court did however use the opinion to officially repudiate Korematsu writing that the decision was "was gravely wrong the day it was decided.”

In her powerful dissent, Justice Sotomayor opened by writing: "The United States of America is a Nation built upon the promise of religious liberty. Our Founders honored that core promise by embedding the principle of religious neutrality in the First Amendment. The Court’s decision today fails to safeguard that fundamental principle. It leaves undisturbed a policy first advertised openly and unequivocally as a “total and complete shutdown of Muslims entering the United States” because the policy now masquerades behind a façade of national-security concerns. But this repackaging does little to cleanse Presidential Proclamation No. 9645 of the appearance of discrimination that the President’s words have created. Based on the evidence in the record, a reasonable observer would conclude that the Proclamation was motivated by anti-Muslim animus. That alone suffices to show that plaintiffs are likely to succeed on the merits of their Establishment Clause claim. The majority holds otherwise by ignoring the facts, misconstruing our legal precedent, and turning a blind eye to the pain and suffering the Proclamation inflicts upon countless families and individuals, many of whom are United States citizens.” 137 S.Ct. 2080.

On August 10, 2018, the Ninth Circuit remanded the case to the district court for further proceedings in light of the Supreme Court decision. The plaintiffs gave notice of voluntary dismissal in the district court three days later. On October 2, 2018, the district court issued a formal order that the case was dismissed without prejudice.

This case is closed.

Summary Authors

Jamie Kessler (6/26/2017)

Julie Aust (1/12/2018)

Virginia Weeks (10/24/2018)

Veronica Portillo Heap (3/22/2019)

Related Cases

Washington & Minnesota v. Trump, Western District of Washington (2017)

Arab American Civil Rights League (ACRL) v. Trump, Eastern District of Michigan (2017)

International Refugee Assistance Project (“IRAP”) v. Trump, District of Maryland (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4580528/parties/state-of-hawaii-v-trump/


Judge(s)

Chang, Kevin S.C. (Hawaii)

Gould, Ronald Murray (Washington)

Hawkins, Michael Daly (Arizona)

Mansfield, Kenneth J. (Hawaii)

Paez, Richard A. (California)

Seabright, John Michael (Hawaii)

Thomas, Sidney Runyan (Montana)

Watson, Derrick Kahala (Hawaii)

Attorneys(s) for Plaintiff

Bowerman, Alexander B. (Pennsylvania)

Casey, Meghan Kathleen (Maryland)

Judge(s)

Chang, Kevin S.C. (Hawaii)

Gould, Ronald Murray (Washington)

Hawkins, Michael Daly (Arizona)

Mansfield, Kenneth J. (Hawaii)

Paez, Richard A. (California)

Seabright, John Michael (Hawaii)

Thomas, Sidney Runyan (Montana)

Watson, Derrick Kahala (Hawaii)

Attorneys(s) for Plaintiff

Bowerman, Alexander B. (Pennsylvania)

Casey, Meghan Kathleen (Maryland)

Chien, Marsha (Washington)

Chin, Douglas S.G. (Hawaii)

Dewar, Elizabeth N. (Massachusetts)

Egeler, Anne Elizabeth (Washington)

Fernandes, Kaliko'onalani D. (Hawaii)

Fuchs, Yuri (District of Columbia)

Gordon, Alexandra Robert (California)

Guidry, Kimberly T. (Hawaii)

Hagerty, Elizabeth (District of Columbia)

Iyer, Sundeep (District of Columbia)

Kalama, Donna H. (Hawaii)

Katyal, Neal Kumar (District of Columbia)

Marie-Iha, Deirdre (Hawaii)

Marquez, Patricio (Washington)

Melody, Colleen (Washington)

Nakatsuji, Robert T (Hawaii)

Pachter, Tamar (California)

Paradis, Kelly A. (Washington)

Purcell, Noah Guzzo (Washington)

Reich, Mitchell P. (District of Columbia)

Richardson, Kevin M. (Hawaii)

Schmidt, Thomas P. (New York)

Schneiderman, Eric T. (New York)

Sierra, Angela (California)

Sinzdak, Colleen Roh (District of Columbia)

Solow, Sara (Pennsylvania)

Sullivan, Steven M. (Maryland)

Swanson, Reedy C. (District of Columbia)

Wadsworth, Clyde James (Hawaii)

Ware, Anton (California)

Woods, Douglas J. (California)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Bond, Jonathan C. (District of Columbia)

Byron, H. Thomas III (New York)

Ching, Edric Ming-Kai (Hawaii)

Enoki, Elliot (District of Columbia)

Flentje, August E. (District of Columbia)

Francisco, Noel (District of Columbia)

Kneedler, Edwin S. (District of Columbia)

Letter, Douglas (District of Columbia)

Mooppan, Hashim M. (District of Columbia)

Murphy, Anne (District of Columbia)

Nakakuni, Florence T. (Hawaii)

Readler, Chad Andrew (District of Columbia)

Rosenberg, Brad P. (District of Columbia)

Schwei, Daniel (District of Columbia)

Sturgill, Lowell V. Jr. (District of Columbia)

Swingle, Sharon (District of Columbia)

Tyler, John Russell (District of Columbia)

Wall, Jeffrey B. (District of Columbia)

Other Attorney(s)

Abbas, Gadeir Ibrahim (District of Columbia)

Abrahams, Peter (California)

Abramson, Bruce D. (Maryland)

Adams, Matthew (Matt) Hyrum (Washington)

Aikman, Amanda (New York)

Akin, John W. (District of Columbia)

Alam, Lubna A. (District of Columbia)

Aldana, Glenda M. (Washington)

Alexander, Susan (California)

Ali, Amir H. (District of Columbia)

Altman, Nicole Y.C.L. (Hawaii)

Amdur, Spencer (New York)

Amgott, Jonathan E. (District of Columbia)

Anderson, Robert R. (California)

Anker, Deborah E (Massachusetts)

Arakawa, Lynda L. (Hawaii)

Ardalan, Sabrineh (Massachusetts)

Aronchick, Mark A. (Pennsylvania)

Arvelo, Jose E. (District of Columbia)

Atkins, Robert A. (New York)

Axelrod, Julie B. (District of Columbia)

Ayoub, Abed A. (District of Columbia)

Bacon, Robert (California)

Baker, Natasha J. (California)

Balderas, Hector (New Mexico)

Balin, Robert D. (New York)

Bamberger, Nowell D. (District of Columbia)

Bannai, Lorraine K. (Washington)

Banner, Stuart (California)

Barbour, Ava (Michigan)

Barker, John Campbell (Texas)

Barrett, Alice N. (New York)

Bass, Hilarie (Illinois)

Bates, Taylor H. (District of Columbia)

Baxley, Adrienne V. (District of Columbia)

Becerra, Xavier (California)

Becker, Harold C. (District of Columbia)

Benedict, Thomas (Hawaii)

Benish, Kevin D. (New York)

Berman, Steve W. (Washington)

Bernabei, Lynne (District of Columbia)

Berner, Nicole (District of Columbia)

Berney, Elizabeth (New York)

Bernstein, Richard D. (District of Columbia)

Bhatty, Isra (District of Columbia)

Bielik, K. Ruby (California)

Billharz, Alan (District of Columbia)

Bird, Charles A. (California)

Black, Claire Wong (Hawaii)

Blatt, Lisa Schiavo (District of Columbia)

Blumenthal, Matthew S. (Connecticut)

Bondi, Pamela Jo (Florida)

Bondy, Thomas M. (District of Columbia)

Bonneau, Charles (California)

Bonner, E. Austin (District of Columbia)

Boos, Michael (District of Columbia)

Bottomly, Matthew (California)

Boutrous, Theodore J. Jr. (California)

Boyd, Adrienne D. (Colorado)

Boyle, David C. (California)

Brady, William B. (Massachusetts)

Braun, Daniel (District of Columbia)

Brean, Richard J. (Pennsylvania)

Brescia, Raymond H. (New York)

Bress, Richard P. (District of Columbia)

Brian, Brad D. (California)

Briggs, Amy (California)

Brill, Sophia M. (District of Columbia)

Brnovich, Mark (Arizona)

Bronster, Margery S. (Hawaii)

Brounell, Geoffrey S. (District of Columbia)

Brown, Jennifer Kay (New York)

Bruggeman, Jean (Virginia)

Brunstad, G. Eric Jr. (Connecticut)

Bryant, Phil (Mississippi)

Buchanan, Michael F. (New York)

Bunn, Pamela W. (Hawaii)

Burgess, Brian (District of Columbia)

Bush, Matthew L. (New York)

Busick, Rachel N. (District of Columbia)

Byrer, Jonathon D. (Illinois)

Caballero, Mateo (Hawaii)

Cahoy, Kathryn E. (California)

Calemine, Jody (District of Columbia)

Callais, Amanda R. (District of Columbia)

Campbell-Verduyn, Lachlan S. (New York)

Carson, Lindsey D. (District of Columbia)

Carter, Zachary W. (New York)

Caso, Anthony T. (California)

Castillo, Sirena P. (California)

Cataldo, Lisa W. (Hawaii)

Cepeda Derieux, Adriel I. (New York)

Chabot, Ryan (New York)

Chakrabarti, Preetha (New York)

Chapman, Lamar Christopher III (Pennsylvania)

Chaudhry, Zainab (New York)

Chavez, Maria Lucia (Washington)

Chisholm, Barbara J. (California)

Cicconi, Martine E. (District of Columbia)

Clark, Matthew R. (District of Columbia)

Clarke, Kristen M. (District of Columbia)

Clemon, U. W. (Alabama)

Clover, Alyssa (California)

Cobb, Stephen A. (District of Columbia)

Colby, Kimberlee Wood (Virginia)

Cole, David (District of Columbia)

Connolly, J. Michael (District of Columbia)

Consovoy, William S. (District of Columbia)

Corkran, Kelsi Brown (District of Columbia)

Cortman, David A. (Georgia)

Cowan, Jennifer (New York)

Cox, Justin Bryan (Georgia)

Crow, Melissa E. (District of Columbia)

Cuddihy, Sean M (District of Columbia)

Cuenin, Ari (Texas)

Dang, Hillary H (District of Columbia)

Daniels, Joshua M. (Massachusetts)

Das, Alina (New York)

Dasgupta, Anisha (New York)

Davis, Claire Loebs (Washington)

Dawson, Elana Nightingale (District of Columbia)

Decter, Caren (New York)

DeFilipp, Kristyn (Massachusetts)

Degani, Orly (California)

Dellinger, Walter (District of Columbia)

Denn, Matthew P. (Delaware)

Dettmer, Ethan D. (California)

Dickerson, Allen (Virginia)

Doebbler, Curtis FJ (New York)

Dolin, Gregory (Maryland)

Dollan, Matthew R. (New York)

Donovan, Thomas J. Jr. (Vermont)

Douglass, David (District of Columbia)

Doyen, Michael R. (California)

Dubinsky, Gregory (New York)

Dycus, Jamie (New York)

Eastman, John C. (California)

Ehrlich, Andrew J. (New York)

Eidsmoe, John A. (Alabama)

Eisen, Jay-Allen (California)

Eisenberg, Jon B. (California)

Eisenstein, Jethro M. (New York)

Ekonomou, Andrew J. (District of Columbia)

Elento-Sneed, Anna M. (Hawaii)

El-Khouri, Adele M. (District of Columbia)

Ellenberg, Brittany (California)

Engel, Llewelyn M. (District of Columbia)

Espiritu, Nicholas David (California)

Ettinger, David (California)

Everdell, Abigail B. (New York)

Ewart, Jake (Washington)

Faridi, Muhammad U. (New York)

Feder, Meir (New York)

Fellmeth, Aaron (Arizona)

Ferguson, Robert W. (Washington)

Feuer, Ben (California)

Fischer, Dennis (California)

Fiur, Seth D. (New York)

Fleming, Mark C. (Massachusetts)

Fogel, Paul (California)

Fombonne, Jonathan (Texas)

Fowler, Adrienne E. (District of Columbia)

Fox, Timothy C. (Montana)

Frahn, Harrison [Buzz] (California)

Fram, Robert D. (California)

Frampton, George T. Jr. (District of Columbia)

Franklin, David (Illinois)

Freedman, John A. (District of Columbia)

Freiman, Jonathan Marc (Connecticut)

Fresco, Michael N. (New York)

Frosh, Brian E. (Maryland)

Frost, Elisabeth C. (District of Columbia)

Ganatra, Niraj (Michigan)

Gans, David H. (District of Columbia)

Gardner, Cliff (California)

Garmon, Joseph (New York)

Geetter, Jennifer S. (District of Columbia)

Gelernt, Lee (New York)

Genz, Andrew J. (District of Columbia)

Gersch, David P. (District of Columbia)

Gerstein, Robert (California)

Gertner, Leo (District of Columbia)

Gesser, Avi (New York)

Giang, Albert (District of Columbia)

Gillers, Gillian (Georgia)

Ginsburg, Matthew J. (District of Columbia)

Girard, Bradley (District of Columbia)

Girgenti, Matthew M. (District of Columbia)

Glasser, Eli (Florida)

Glover, Aasiya F.M. (New York)

Goggin, Virginia M. (New York)

Golder, Chad (District of Columbia)

Goldhammer, Sean (District of Columbia)

Goodfriend, Howard M. (Washington)

Gorman, Eric J. (Illinois)

Gorod, Brianne J. (District of Columbia)

Gostin, Kieran Gavin (District of Columbia)

Gottlieb, Michael J. (District of Columbia)

Graunke, Kristi L. (Georgia)

Gray, Rory Thomas (Georgia)

Grayner, Alexandra (California)

Greeley, Kimberly Ann (Hawaii)

Green, Carmen Nicole (District of Columbia)

Greenbaum, Jon M. (District of Columbia)

Grewal, Gurbir (New York)

Grossnickle, Sarah (Texas)

Guidero, Roxana C. (District of Columbia)

Guntner, D. Nicole (New York)

Gutman, Benjamin N. (Oregon)

Guttentag, Lucas (New York)

Guy, Andrew (District of Columbia)

Hafetz, Jonathan L. (New York)

Hajec, Christopher J. (District of Columbia)

Hajjar, Anton (District of Columbia)

Hamer, Alison M. (California)

Handeyside, Hugh (New York)

Hanusz, Clare M. (Hawaii)

Har, Susan S. (California)

Harrell, J. Wells (District of Columbia)

Harris, John Barney (New York)

Harrison, Lindsay C (District of Columbia)

Harrow, Jason (District of Columbia)

Hart, Christopher E. (Massachusetts)

Hasan, Dalal (District of Columbia)

Hausman, David (New York)

Healey, Maura T. (Massachusetts)

Hearron, Marc A. (District of Columbia)

Heller, Rebecca (New York)

Hellman , Matthew S. (District of Columbia)

Hepler, Laurie J. (California)

Hermann, Kimberly S. (Georgia)

Herring, Mark R. (Virginia)

Hethmon, Michael M. (District of Columbia)

Hevicon, Denise M. (Hawaii)

Higashi, Meredith S.H. (District of Columbia)

Hincapie, Marielena (California)

Hirose, Mariko (New York)

Hirsch, Steven (California)

Hochman, Robert N. (Illinois)

Hoffman, Geoffrey (Texas)

Hohenstein, Elizabeth A. (District of Columbia)

Holcombe, Allison B. (California)

Hoover, Amanda Claire (District of Columbia)

Horne, Katelyn A. (District of Columbia)

Hornstra, Sara K. (Illinois)

Hsu, Alice (New York)

Hu, Susan Shanke (New York)

Hughes, Paul W. (District of Columbia)

Hunter, Mike (Oklahoma)

Huq, Aziz (California)

Hurley, Elizabeth Riordan (New York)

Hussein, Shaimaa M. (New York)

Hyde, Alan (New Jersey)

Ifill, Sherrilyn (New York)

Ing, Louise K.Y. (Hawaii)

Irons, Peter (California)

Iwao, Regan M. (Hawaii)

Jackley, Marty J. (South Dakota)

Jackson, Dan (California)

Jackson [inactive], Dan (California)

Jadwat, Omar C. (New York)

Jaffe, Peter (District of Columbia)

Jenkins, Kirk (Illinois)

Jeon, Deborah A. (Maryland)

Jepsen, George (Connecticut)

Johnson, Robert Alan (New York)

Jones, Jessica (District of Columbia)

Joseph, Lawrence J (District of Columbia)

Kabat, Alan R. (District of Columbia)

Kacprowski, Nickolas A. (Hawaii)

Kahlon, Nick (Illinois)

Kala, Ishita (District of Columbia)

Kane, John (Michigan)

Kaplan, Roberta Ann (New York)

Kaplin, Lauren (District of Columbia)

Karanjia, Peter (District of Columbia)

Karcher, Kathryn E. (Washington)

Kasibhatla, Jaya N. (New York)

Katskee, Richard B. (District of Columbia)

Katz, Sharon (New York)

Kawakami, Rodney L. (Washington)

Keating, J. Michael (Rhode Island)

Keker, John Watkins (California)

Keller, Scott A. (Texas)

Kelley, Mateya (District of Columbia)

Kemmitt, Christopher (District of Columbia)

Kenney, Mary (District of Columbia)

Kenyon, Charity (California)

Khalaf, Samer E. (District of Columbia)

Khan, Omar A. (New York)

Khera, Farhana (California)

Kilmartin, Peter F. (Rhode Island)

Kim, James W. (District of Columbia)

Kingsolver, Justin (District of Columbia)

Klein, Linda A. (Illinois)

Klukowski, Kenneth A. (Virginia)

Koh, Harold H. (Connecticut)

Kohn, Robert M. (Hawaii)

Kolick, Joseph E. (Maryland)

Konsky, Sarah M. (Illinois)

Korematsu, Fred T. (Washington)

Kovner, Victor A. (New York)

Kumar, Sonia (Maryland)

Lamb, Kevin M. (District of Columbia)

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Documents in the Clearinghouse

Document

Docket [Supreme Court]

Trump v. Hawaii

Supreme Court of the United States

Nov. 27, 2017 Docket

Docket [PACER]

State of Hawaii v. Trump

U. S. Court of Appeals for the Ninth Circuit

April 2, 2018 Docket

Docket [PACER]

State of Hawaii v. Trump

Oct. 2, 2018 Docket
10

Declaration of Douglas S. Chin in Support of Plaintiff's Motion for Temporary Restraining Order

State of Hawaii v. Trump

Feb. 3, 2017 Declaration/Affidavit
1

Complaint for Declaratory and Injunctive Relief; Summons

State of Hawaii v. Trump

Feb. 3, 2017 Complaint
2

Plaintiff's Motion for Temporary Restraining Order

State of Hawaii v. Trump

Feb. 3, 2017 Pleading / Motion / Brief
25

State of Hawaii's Opposition to United States' Emergency Motion to Stay All Deadlines

State of Hawaii v. Trump

Feb. 6, 2017 Pleading / Motion / Brief
20

Proposed Plaintiffs-Intervenors' Motion for Leave to Intervene

State of Hawaii v. Trump

U. S. Court of Appeals for the Ninth Circuit

Feb. 6, 2017 Pleading / Motion / Brief
32

Order Granting in Part and Denying in Part Defendants' Emergency Motion to Stay Deadlines Pending Resolution of Appellate Proceedings Regarding Nationwide Injunction

State of Hawaii v. Trump

233 F.Supp.3d 850

Feb. 9, 2017 Order/Opinion
37

First Amended Complaint for Declaratory and Injunctive Relief

State of Hawaii v. Trump

Feb. 13, 2017 Complaint

Resources

Title Description External URL

President Trump Issues Executive Orders Suspending Refugee Program and Barring Entry by Individuals from Specified Countries

Kristina Daugirdas & Julian Davis Mortenson

On January 27, 2017, President Trump issued an executive order that: (1) prohibited nationals from seven majority-Muslim countries from entering the United States for ninety days; and (2) prohibited … Jan. 27, 2017 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/0E43606526937D44622281DD5B69D1B9/S0002930017000550a.pdf/president_trump_issues_executive_orders_suspending_refugee_program_and_barring_entry_by_individuals_from_specified_countri

Documents in State of Hawaii et al v. Trump—A Challenge to President Trump’s March 6, 2017 Travel Ban

Hogan Lovells

On March 7, 2017, the State of Hawaii filed a joint motion with the U.S. Government setting out a proposed briefing schedule, whereby it will file its complaint and TRO by March 8, the U.S. Governmen… March 7, 2017 http://hoganlovells.com/en/publications/documents-in-state-of-hawaii-et-al-v-trump-a-challenge-to-president-trumps-march-6-2017-travel-ban

Trump v. State of Hawai’i and Elshikh

Global Freedom of Expression

On March 29 2017, the District Court for Hawaii granted a preliminary injunction effectively extending a two-week old nationwide temporary restraining order (TRO) on an Executive Order which had plac… March 15, 2017 https://globalfreedomofexpression.columbia.edu/cases/state-hawaii-elshikh-v-trump/

Vetting Refugees: Is Our Screening Process Adequate, Humane, and Culturally Appropriate

Sabrineh Ardalan

This article first provides a brief history of this country’s long-standing commitment to refugee protection. Next, it describes the legal standard applied in determining whether an individual is eli… May 3, 2017

Video: Ninth Circuit Hears Travel Ban Oral Arguments

Ninth Circuit

The Ninth Circuit Court of Appeals reviewed the decision of Hawaii U.S. District Court Judge Derrick Watson regarding the enforcement of President Trump’s travel ban. Judge Watson issued a preliminar… May 15, 2017 https://www.c-span.org/video/?427827-1/ninth-circuit-hears-oral-argument-travel-ban

The Language of Neutrality in Supreme Court Confirmation Hearings

Carolyn Shapiro

Using both qualitative and quantitative analysis, including empirical research on confirmation hearings already reported, this Article charts the history of such discussions in Supreme Court confirma… Jan. 1, 2018 https://ideas.dickinsonlaw.psu.edu/cgi/viewcontent.cgi?article=1018&context=dlr

April 25, 2018 Supreme Court Oral Argument

SCOTUS

Audio recording of the April 25, 2018 Supreme Court oral arguments in Trump v. Hawaii. April 25, 2018 https://www.supremecourt.gov/oral_arguments/audio/2017/17-965

Hawaii v. Trump

Constitutional Accountability Center

On January 27, 2017, President Trump issued an executive order that, among other things, banned individuals from Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen – all majority Muslim countries – … June 26, 2018 https://www.theusconstitution.org/litigation/hawaii-v-trump/

Trump v. Hawaii

Oyez

On January 27, 2017, President Donald Trump signed Executive Order No. 13,769 (EO-1), which, among other things, suspended entry for 90 days of foreign nationals from seven countries identified by Co… June 26, 2018 https://www.oyez.org/cases/2017/17-965

Muslim Americans: Do U.S. Democratic Institutions Protect Their Religious Liberty?

Engy Abdelkader

This essay presents a normative, legal and analytic discussion about the Muslim experience at the intersection of religion, law and society in contemporary America. In doing so, a demographic sketch … Dec. 26, 2018

State of Hawaii v. Trump_Full Summary

Full summary of State of Hawaii v. Trump March 22, 2019

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4580528/state-of-hawaii-v-trump/

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

ECF Number Description Date Link
1

COMPLAINT for Declaratory and Injunctive Relief against Donald J. Trump ( Filing fee $ 400 receipt number 0975-1825544.), filed by State of Hawaii. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 JS 44 - Civil Cover Sheet, # 13 Tillerson Summons, # 14 State Department Summons, # 15 DHS Summons, # 16 Kelly Summons)(Chin, Douglas) (Entered: 02/03/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 JS 44 - Civil Cover Sheet

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13 Tillerson Summons

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14 State Department Summons

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15 DHS Summons

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16 Kelly Summons

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Feb. 3, 2017 RECAP
2

MOTION for Temporary Restraining Order Douglas S.G. Chin appearing for Plaintiff State of Hawaii (Attachments: # 1 Memorandum in Support of TRO, # 2 Certificate with Word Count, # 3 Proposed TRO)(Chin, Douglas) (Entered: 02/03/2017)

1 Memorandum in Support of TRO

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2 Certificate with Word Count

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3 Proposed TRO

View on RECAP

Feb. 3, 2017 RECAP
3

NOTICE of Case Assignment: Please reflect Civil case number CV 17-00050 DKW-KJM on all further pleadings. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 02/03/2017)

Feb. 3, 2017 PACER
4

Summons Issued as to Rex Tillerson, in his capacity as Secretary of State. (emt, ) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
5

Summons Issued as to U.S. Department of State. (emt, ) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
6

Summons Issued as to U.S. Department of Homeland Security. (emt, ) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
7

Summons Issued as to John F. Kelly, in his capacity as Secretary of the U.S. Department of Homeland Security. (emt, ) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
8

Order Setting Rule 16 Scheduling Conference for 09:30AM on 4/3/2017 before Magistrate Judge KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/3/2017. (Attachments: # 1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (Entered: 02/03/2017)

1 Memo from Clerk Re: Corporate Disclosure Statements

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Feb. 3, 2017 PACER
9

CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedures. (Attachments: # 1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, # 2 AO 399 Waiver of Service of Summons) (emt, ) (Entered: 02/03/2017)

1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons

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2 AO 399 Waiver of Service of Summons

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Feb. 3, 2017 PACER
10

Declaration re 2 MOTION for Temporary Restraining Order . (Attachments: # 1 Exhibit A - Doe 1, # 2 Exhibit B - Doe 2, # 3 Exhibit C - Doe 3, # 4 Exhibit D - Dickson Declaration, # 5 Exhibit E - Slaveria Declaration, # 6 Exhibit F - Szigeti Declaration, # 7 Exhibit G - Higashi Declaration, # 8 Exhibit H - Elshikh Declaration)(Chin, Douglas) (Entered: 02/03/2017)

1 Exhibit A - Doe 1

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2 Exhibit B - Doe 2

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3 Exhibit C - Doe 3

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4 Exhibit D - Dickson Declaration

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5 Exhibit E - Slaveria Declaration

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6 Exhibit F - Szigeti Declaration

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7 Exhibit G - Higashi Declaration

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8 Exhibit H - Elshikh Declaration

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Feb. 3, 2017 PACER
11

Summons (Proposed) (Chin, Douglas) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
12

Summons Issued as to Donald J. Trump, in his official capacity as President of the United States. (emt, ) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
13

Summons (Proposed) (Chin, Douglas) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
14

Summons Issued as to United States of America. (emt, ) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
15

EX PARTE Motion for In Camera Review of Exhibits A, B, and C to Declaration of Douglas S. Chin in Support of Plaintiff's Motion for Temporary Restraining Order; Clyde J. Wadsworth appearing for Plaintiff State of Hawaii (Attachments: # 1 Declaration of Clyde J. Wadsworth, # 2 Proposed Order)(Wadsworth, Clyde) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
16

MOTION for Pro Hac Vice Appearance of Neal Katayal for Plaintiff State of Hawaii, Filing fee $ 300, receipt number 0975-1825774.Deirdre Marie-Iha appearing for Plaintiff State of Hawaii (Marie-Iha, Deirdre) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
17

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO NEAL KATYAL re: 16 . Signed by U.S. MAGISTRATE JUDGE KENNETH J. MANSFIELD on 2/3/2017.(afc) NEAL KATYAL, ESQ. (Law firm: Hogan Lovells US LLP) added as attorney pro hac vice for plaintiff STATE OF HAWAII.CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications. (Entered: 02/03/2017)

Feb. 3, 2017 PACER
18

EO: The Court is in receipt of Plaintiff State of Hawaii's Motion for Temporary Restraining Order (''TRO''). Dkt. No. 2. The Government shall file a response to the Motion for TRO by Tuesday, February 7, 2017 at 12:00 noon (HST). The Court will hold a hearing on the Motion for TRO on Wednesday, February 8, 2017 at 9:30 a.m. (HST). (JUDGE DERRICK K. WATSON)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/03/2017)

Feb. 3, 2017 PACER
19

NOTICE of Hearing on Motion 2 MOTION for Temporary Restraining Order. Motion Hearing date has been set for 2/8/2017 at 9:30 AM in Aha Kupono before JUDGE DERRICK K. WATSON. (tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 02/03/2017)

Feb. 3, 2017 PACER
20

MOTION for Pro Hac Vice for Elizabeth M. Hagerty Filing fee $ 300, receipt number 0975-1826107.Deirdre Marie-Iha appearing for Plaintiff State of Hawaii (Marie-Iha, Deirdre) (Entered: 02/05/2017)

Feb. 5, 2017 PACER
21

ORDER Granting 20 Motion to Appear Pro Hac Vice. [Pro Hac Vice: Elizabeth Hagerty]. Signed by Magistrate Judge KENNETH J. MANSFIELD on 2/6/2017. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/06/2017)

Feb. 6, 2017 PACER
22

NOTICE of Appearance by Michelle R. Bennett on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America. (Bennett, Michelle) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
23

Emergency MOTION to Stay re 18 Link,,, Michelle R. Bennett appearing for Defendants John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America (Attachments: # 1 Memorandum, # 2 Proposed Order)(Bennett, Michelle) (Entered: 02/06/2017)

1 Memorandum

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2 Proposed Order

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Feb. 6, 2017 RECAP
24

EO: The Court is in receipt of Defendants' Emergency Motion to Stay All Deadlines Pending Resolution of Appellate Proceedings Regarding Nationwide Injunction (''Motion to Stay''). Dkt. No. 23. Plaintiff State of Hawaii may file a response to the Motion to Stay by no later than Tuesday, February 7, 2017 at 9:00 a.m. (HST). (JUDGE DERRICK K. WATSON)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/06/2017)

Feb. 6, 2017 PACER
25

MEMORANDUM in Opposition re 23 Emergency MOTION to Stay re 18 Link,,, filed by State of Hawaii. (Chin, Douglas) (Entered: 02/06/2017)

Feb. 6, 2017 RECAP
26

Errata re 25 Memorandum in Opposition to Motion for Emergency Stay. (Marie-Iha, Deirdre) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
27

EO: Defendants' Emergency Motion to Stay All Deadlines Pending Resolution of Appellate Proceedings Regarding Nationwide Injunction is hereby GRANTED IN PART. Dkt. No. 23 . All pending deadlines and the hearing set for February 8, 2017 are VACATED. The matter is stayed as long as the February 3, 2017 injunction entered in Washington v. Trump, 2:17-cv-141 (W.D. Wash.), remains in place, or until further order of this Court. All further relief requested by the Emergency Motion is DENIED. A written order setting forth the Court's reasoning will follow. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(watson1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified to create link to motion on 2/7/2017 (ecs, ). (Entered: 02/07/2017)

Feb. 7, 2017 PACER
28

NOTICE of Appearance by Edric Ming-Kai Ching on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America. (Ching, Edric) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
29

ORDER GRANTING 15 EX PARTE MOTION FOR IN CAMERA REVIEW OF EXHIBITS A, B, AND C TO DECLARATION OF DOUGLAS S. CHIN IN SUPPORT OF PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by JUDGE DERRICK K. WATSON on 2/8/2017. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/08/2017)

Feb. 8, 2017 PACER
30

MOTION to Partially Lift Stay Neal Katyal appearing for Plaintiff State of Hawaii (Attachments: # 1 Exhibit Proposed First Am. Compl., # 2 Exhibit Decl. of Clyde J. Wadsworth, # 3 Exhibit Proposed Order, # 4 Certificate of Service)(Katyal, Neal) (Entered: 02/08/2017)

1 Exhibit Proposed First Am. Compl.

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2 Exhibit Decl. of Clyde J. Wadsworth

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3 Exhibit Proposed Order

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4 Certificate of Service

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Feb. 8, 2017 RECAP
31

EO: The Court is in receipt of Plaintiff State of Hawaii's Motion to Partially Lift Stay. Dkt. No. 30. The Government may file a response to the State's motion by Monday, February 13, 2017. Thereafter, the Court intends to rule on the motion without a hearing pursuant to Local Rule 7.2(d). IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/09/2017)

Feb. 9, 2017 PACER
32

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' EMERGENCY MOTION TO STAY DEADLINES PENDING RESOLUTION OF APPELLATE PROCEEDINGS REGARDING NATIONWIDE INJUNCTION. Signed by JUDGE DERRICK K. WATSON on 2/9/2017. -- The Emergency Motion to Stay is GRANTED IN PART. This matter is stayed as long as the February 3, 2017 injunction entered in Washington v. Trump remains in full force and effect, or until further order of this Court. All further relief requested by the Emergency Motion to Stay is DENIED. Re: 23 Emergency MOTION to Stay Deadlines, 27 EO on Motion to Stay (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/09/2017)

Feb. 9, 2017 RECAP
33

NOTICE of Appearance by Daniel Schwei on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America. (Schwei, Daniel) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
34

NOTICE of Appearance by Brad P. Rosenberg on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America on behalf of John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America. (Rosenberg, Brad) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
35

STATEMENT of No Position re 30 MOTION to Partially Lift Stay filed by John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America. (Rosenberg, Brad) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
36

EO: Upon consideration of the State of Hawaii's Motion to Partially Lift Stay ("Motion")(Dkt. No. 30), the Government's Statement of No Position (Dkt. No. 35), and good cause appearing therefor, the State's Motion is hereby GRANTED. The State may file (1) its Proposed First Amended Complaint, and (2) the Declaration of Clyde J. Wadsworth Regarding Exhibit C to Declaration of Douglas S. Chin in Support of Plaintiff's Motion for Temporary Restraining Order, both in the form previously submitted to the Court as exhibits to the Motion (see Dkt. Nos. 30-1 and 30-2). The State may do so no later than Wednesday, February 15, 2017. The Court's February 9, 2017 stay order (Dkt. No. 32) otherwise remains in place. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/13/2017)

Feb. 13, 2017 PACER
37

FIRST AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by State of Hawaii. (Attachments: # 1 Certificate of Service)(Katyal, Neal) Modified docket text on 2/14/2017 (ecs, ). (Entered: 02/13/2017)

1 Certificate of Service

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Feb. 13, 2017 RECAP
38

Declaration of Clyde J. Wadsworth Regarding Exhibit C to Declaration of Douglas S. Chin in Support of Plaintiff's Motion for Temporary Restraining Order. (Attachments: # 1 Certificate of Service)(Wadsworth, Clyde) (Entered: 02/14/2017)

1 Certificate of Service

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Feb. 14, 2017 PACER
39

Letter from Deidre Marie-Iha, Deputy Attorney to Hon. Derrick K. Watson, 2/15/2017. Re: Pending Pro Hac Vice Applications (ecs, ) (Entered: 02/15/2017)

Feb. 15, 2017 PACER
40

EO: The Court hereby lifts the stay in this matter for the limited purpose of allowing the parties to file Motions to Appear Pro Hac Vice, Notices of Appearance of Counsel, and/or Applications to Practice, consistent with Local Rules 83.1(d) and (e). The Court's February 9, 2017 stay order (Dkt. No. 32) otherwise remains in place. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/15/2017)

Feb. 15, 2017 PACER
41

MOTION for Pro Hac Vice for A. Bowerman Filing fee $ 300, receipt number 0975-1831293.Deirdre Marie-Iha appearing for Plaintiff State of Hawaii (Marie-Iha, Deirdre) (Entered: 02/15/2017)

Feb. 15, 2017 PACER
42

MOTION for Pro Hac Vice for C. Roh Sinzdak Filing fee $ 300, receipt number 0975-1831299.Deirdre Marie-Iha appearing for Plaintiff State of Hawaii (Marie-Iha, Deirdre) (Entered: 02/15/2017)

Feb. 15, 2017 PACER
43

MOTION for Pro Hac Vice for M. Reich Filing fee $ 300, receipt number 0975-1831304.Deirdre Marie-Iha appearing for Plaintiff State of Hawaii (Marie-Iha, Deirdre) (Entered: 02/15/2017)

Feb. 15, 2017 PACER
44

MOTION for Pro Hac Vice for S. Solow Filing fee $ 300, receipt number 0975-1831306.Deirdre Marie-Iha appearing for Plaintiff State of Hawaii (Marie-Iha, Deirdre) (Entered: 02/15/2017)

Feb. 15, 2017 PACER
45

MOTION for Pro Hac Vice for T. Schmidt Filing fee $ 300, receipt number 0975-1831312.Deirdre Marie-Iha appearing for Plaintiff State of Hawaii (Marie-Iha, Deirdre) (Entered: 02/15/2017)

Feb. 15, 2017 PACER

Advisory Entry

Feb. 16, 2017 PACER
46

SUPPLEMENT re 41 MOTION for Pro Hac Vice for A. Bowerman Filing fee $ 300, receipt number 0975-1831293. filed by State of Hawaii by State of Hawaii as requested by clerk. (Marie-Iha, Deirdre) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
47

SUPPLEMENT re 42 MOTION for Pro Hac Vice for C. Roh Sinzdak Filing fee $ 300, receipt number 0975-1831299. filed by State of Hawaii by State of Hawaii as requested by clerk. (Marie-Iha, Deirdre) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
48

SUPPLEMENT re 43 MOTION for Pro Hac Vice for M. Reich Filing fee $ 300, receipt number 0975-1831304. filed by State of Hawaii by State of Hawaii as requested by clerk. (Marie-Iha, Deirdre) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
49

SUPPLEMENT re 44 MOTION for Pro Hac Vice for S. Solow Filing fee $ 300, receipt number 0975-1831306. filed by State of Hawaii by State of Hawaii as requested by clerk. (Marie-Iha, Deirdre) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
50

SUPPLEMENT re 45 MOTION for Pro Hac Vice for T. Schmidt Filing fee $ 300, receipt number 0975-1831312. filed by State of Hawaii by State of Hawaii as requested by clerk. (Marie-Iha, Deirdre) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
51

ORDER granting 41 Motion to Appear Pro Hac Vice [Alexander Bowerman]. Signed by Magistrate Judge KENNETH J. MANSFIELD on 2/23/2017. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/23/2017)

Feb. 23, 2017 PACER
52

ORDER Granting 42 Motion to Appear Pro Hac Vice [Colleen Roh Sinzdak]. Signed by Magistrate Judge KENNETH J. MANSFIELD on 2/23/2017. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/23/2017)

Feb. 23, 2017 PACER
53

ORDER Granting 43 Motion to Appear Pro Hac Vice [Mitchell Reich]. Signed by Magistrate Judge KENNETH J. MANSFIELD on 2/23/2017. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/23/2017)

Feb. 23, 2017 PACER
54

ORDER Granting 44 Motion to Appear Pro Hac Vice [Sara Solow]. Signed by Magistrate Judge KENNETH J. MANSFIELD on 2/23/2017. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/23/2017)

Feb. 23, 2017 PACER
55

ORDER Granting 45 Motion to Appear Pro Hac Vice [Thomas Schmidt]. Signed by Magistrate Judge KENNETH J. MANSFIELD on 2/23/2017. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/23/2017)

Feb. 23, 2017 PACER
56

NOTICE by John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America of Filing of Executive Order John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America. (Attachments: # 1 Exhibit A: New Executive Order)(Rosenberg, Brad) (Entered: 03/06/2017)

1 Exhibit A: New Executive Order

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March 6, 2017 PACER
57

Joint MOTION for Entry of Proposed Briefing Schedule Neal Katyal appearing for Plaintiffs Ismail Elshikh, State of Hawaii (Attachments: # 1 Proposed Order)(Katyal, Neal) (Entered: 03/07/2017)

1 Proposed Order

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March 7, 2017 RECAP
58

MOTION to Lift Stay and for Leave to File a Second Amended Complaint Neal Katyal appearing for Plaintiffs Ismail Elshikh, State of Hawaii (Attachments: # 1 Exhibit Proposed Second Amended Complaint, # 2 Exhibit Proposed Order, # 3 Certificate of Service)(Katyal, Neal) (Entered: 03/07/2017)

1 Exhibit Proposed Second Amended Complaint

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2 Exhibit Proposed Order

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3 Certificate of Service

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March 7, 2017 RECAP
59

ORDER GRANTING PLAINTIFFS' 58 MOTION TO LIFT STAY AND FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT. Signed by JUDGE DERRICK K. WATSON on 3/8/2017. - The Court lifts the litigation stay imposed by the Orders dated February 7, 2017 (Dkt. No. 27 ) and February 9, 2017 (Dkt. No. []32). Plaintiffs STATE OF HAWAI'I and ISMAIL ELSHIKH may file a Second Amended Complaint in the form submitted to the Court as an exhibit to the Motion (Dkt. No. 58-1). (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Attachment replaced on 3/8/2017, NEF regenerated: # 1 Main Document - PDF flattened) (ecs, ). (Entered: 03/08/2017)

March 8, 2017 RECAP
60

BRIEFING SCHEDULE ORDER. Signed by JUDGE DERRICK K. WATSON on 3/8/2017. Related doc: 57 (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Attachment replaced on 3/8/2017, NEF regenerated: # 1 Main Document - PDF flattened) (ecs, ). (Entered: 03/08/2017)

March 8, 2017 RECAP
61

NOTICE of Hearing on 65 Plaintiff's Motion For Temporary Restraining Order set for 3/15/2017 @ 09:30 AM before JUDGE DERRICK K. WATSON. Counsel may participate by phone by notifying Judge Watson's Courtroom Manager (808-541-3073) by 3/14/2017 and providing the phone number where counsel may be reached at the time of the hearing. The Court will contact the parties via phone at the time of the hearing.(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. Modified on 3/9/2017 (tyk, ). (Entered: 03/08/2017)

March 8, 2017 PACER
62

ORDER APPROVING REQUEST FOR MEDIA BLOGGING as to Fox News representative Lee Ross. Permission approved for the following hearing: Motion for TRO to be held on 3/15/17 at 9:30 am. Signed by JUDGE DERRICK K. WATSON on 03/08/2017. (apg, dist)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/08/2017)

March 8, 2017 PACER
63

ORDER APPROVING REQUEST FOR MEDIA BLOGGING as to Fox News representative William LaJeunesse. Permission is approved for the following hearing: Motion for TRO, to be held on 03/15/2017 at 9:30 am.Signed by JUDGE DERRICK K. WATSON on 03/08/2017. (apg, dist)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/08/2017)

March 8, 2017 PACER
64

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (SECOND) against John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America, filed by State of Hawaii, Ismail Elshikh. (Attachments: # 1 Exhibit 1 - Copy of Executive Order dated 3/6/2017, # 2 Exhibit 2 - Copy of Executive Order dated 1/27/2017, # 3 Exhibit 3 - Collection of relevant Data for Hawaii, # 4 Exhibit 4 - Tables for fiscal years 2005-2015, # 5 Exhibit 5 - Copy of table of contents and executive summary, # 6 Exhibit 6 - Copy of press release, # 7 Exhibit 7 - Copy of transcript, # 8 Exhibit 8 - Copy of Washington Post Article, # 9 Exhibit 9 - Copy of this NBC News article, # 10 Exhibit 10 - Copy of the draft DHS report, # 11 Exhibit 11 - Final version of DHS report, # 12 Exhibit 12 - Copy of NBC News article, # 13 Exhibit 13 - Copy of Dissent Channel memorandum, # 14 Exhibit 14 - Copy of DHS Q&A, # 15 Certificate of Service)(Katyal, Neal) Docket title text added on 3/9/2017 (ecs, ). (Entered: 03/08/2017)

1 Exhibit 1 - Copy of Executive Order dated 3/6/2017

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2 Exhibit 2 - Copy of Executive Order dated 1/27/2017

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3 Exhibit 3 - Collection of relevant Data for Hawaii

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4 Exhibit 4 - Tables for fiscal years 2005-2015

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5 Exhibit 5 - Copy of table of contents and executive summary

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6 Exhibit 6 - Copy of press release

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7 Exhibit 7 - Copy of transcript

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8 Exhibit 8 - Copy of Washington Post Article

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9 Exhibit 9 - Copy of this NBC News article

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10 Exhibit 10 - Copy of the draft DHS report

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11 Exhibit 11 - Final version of DHS report

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12 Exhibit 12 - Copy of NBC News article

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13 Exhibit 13 - Copy of Dissent Channel memorandum

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14 Exhibit 14 - Copy of DHS Q&A

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15 Certificate of Service

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March 8, 2017 RECAP
65

MOTION for Temporary Restraining Order Neal Katyal appearing for Plaintiffs Ismail Elshikh, State of Hawaii (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion for Temporary Restraining Order, # 2 Certificate of Word Count, # 3 Proposed Temporary Restraining Order, # 4 Certificate of Service)(Katyal, Neal) (Entered: 03/08/2017)

1 Memorandum in Support of Plaintiffs' Motion for Temporary Restraining Order

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2 Certificate of Word Count

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3 Proposed Temporary Restraining Order

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4 Certificate of Service

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March 8, 2017 RECAP
66

Declaration re 65 MOTION for Temporary Restraining Order . (Attachments: # 1 Exhibit A - Dec. of Ismail Elshikh, PhD, # 2 Exhibit B-1 - Supp. Dec. of George Szigeti, # 3 Exhibit B-2 - Orig. Dec. of George Szigeti, # 4 Exhibit C-1 - Supp. Dec. of Luis P. Salaveria, # 5 Exhibit C-2 - Orig. Dec. of Luis P. Salaveria, # 6 Exhibit D-1 - Supp. Dec. of Risa E. Dickson, # 7 Exhibit D-2 - Orig. Dec. of Risa E. Dickson, # 8 Exhibit E - Dec. of Hakim Ounsafi, # 9 Certificate of Service)(Katyal, Neal) (Entered: 03/08/2017)

1 Exhibit A - Dec. of Ismail Elshikh, PhD

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2 Exhibit B-1 - Supp. Dec. of George Szigeti

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3 Exhibit B-2 - Orig. Dec. of George Szigeti

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4 Exhibit C-1 - Supp. Dec. of Luis P. Salaveria

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5 Exhibit C-2 - Orig. Dec. of Luis P. Salaveria

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6 Exhibit D-1 - Supp. Dec. of Risa E. Dickson

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7 Exhibit D-2 - Orig. Dec. of Risa E. Dickson

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8 Exhibit E - Dec. of Hakim Ounsafi

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9 Certificate of Service

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March 8, 2017 PACER

Advisory Entry

March 9, 2017 PACER
67

ORDER APPROVING REQUEST FOR MEDIA BLOGGING as to ASSOCIATED PRESS representatives Jennifer Kelleher, Audrey McAvoy, Caleb Jones, Cathy Bussewitz. Permission is approved for the following hearing: Motion for TRO, to be held on 03/15/2017 at 9:30 am. and various subsequent on-the-record proceedings in open court. Signed by JUDGE DERRICK K. WATSON on 3/9/2017. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/09/2017)

March 9, 2017 RECAP
68

ORDER APPROVING REQUEST FOR MEDIA BLOGGING as to BLOOMBERG NEWS representative Kartikay Mehrotra. Permission is approved for the following hearing: Motion for TRO, to be held on 03/15/2017 at 9:30 am. Signed by JUDGE DERRICK K. WATSON on on 3/9/2017. [Note: Signature of Kartikay Mehrotra is Dated: 3/8/2018 ] (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/09/2017)

March 9, 2017 PACER
69

MOTION for Pro Hac Vice Re Claire Loebs Davis Filing fee $ 300, receipt number 0975-1841084.Mark S. Davis appearing for Amicus AMICUS CURIAE LAW PROFESSORS (Attachments: # 1 Declaration of Clare Loebs Davis, # 2 Order)(Davis, Mark) (Entered: 03/09/2017)

1 Declaration of Clare Loebs Davis

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2 Order

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March 9, 2017 PACER
70

ORDER APPROVING REQUEST FOR MEDIA BLOGGING as to representative Dan Levine of Reuters News.Signed by JUDGE DERRICK K. WATSON on 03/09/2017. (apg, dist)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/09/2017)

March 9, 2017 RECAP
71

NOTICE of Appearance by Clare M. Hanusz on behalf of Amici Curiae International Law Scholars and Nongovermental Organizations on behalf of Amici Curiae International Law Scholars and Nongovermental Organizations. (Hanusz, Clare) (Entered: 03/09/2017)

March 9, 2017 RECAP
72

MOTION for Pro Hac Vice as to Aaron Fellmeth Filing fee $ 300, receipt number 0975-1841127.Clare M. Hanusz appearing for Amicus Amici Curiae International Law Scholars and Nongovermental Organizations (Hanusz, Clare) Modified on to add name of Pro Hac Vice attorney 3/10/2017 (ecs, ). (Entered: 03/09/2017)

March 9, 2017 PACER
73

MOTION for Pro Hac Vice As to John B. Harris Filing fee $ 300, receipt number 0975-1841243.Nicole Y.C. L. Altman appearing for Amicus Anti-Defamation League (Attachments: # 1 Declaration of John B. Harris, # 2 Order)(Altman, Nicole) (Entered: 03/10/2017)

1 Declaration of John B. Harris

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2 Order

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March 10, 2017 PACER
74

MOTION for Pro Hac Vice of Christopher J. Hajec Filing fee $ 300, receipt number 0975-1841401.Denise M. Hevicon appearing for Amicus Immigration Reform Law Institute (Attachments: # 1 Declaration of Counsel, # 2 Order Granting Motion)(Hevicon, Denise) Modified to add name of pro hac vice on 3/10/2017 (ecs, ). (Entered: 03/10/2017)

1 Declaration of Counsel

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2 Order Granting Motion

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March 10, 2017 PACER
75

ORDER Granting 73 Motion to Appear Pro Hac Vice. [John B. Harris] Signed by Magistrate Judge KENNETH J. MANSFIELD on 3/10/2017. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/10/2017)

March 10, 2017 PACER
76

NOTICE of Appearance by David J. Minkin on behalf of Roderick and Solange MacArthur Justice Center on behalf of Amicus Curiae Roderick and Solange MacArthur Justice Center. (Minkin, David) Modified docket text on 3/10/2017 (ecs, ). (Entered: 03/10/2017)

March 10, 2017 PACER
77

NOTICE of Appearance by Claire Wong Black on behalf of Jay Hirabayashi, Fred T. Korematsu Center for Law and Equality, Holly Yasui, Karen Korematsu, Asian Americans Advancing Justice (AAJC), Asian Americans Advancing Justice (Asian Law Caucus), Asian Americans Advancing Justice (Atlanta), Asian Americans Advancing Justice (Chicago), Asian Americans Advancing Justice (Los Angeles), Asian American Legal Defense And Education Fund (AALDEF), Hispanic National Bar Association (HNBA), Japanese American Citizens League, Honolulu Chapter (JACL Honolulu), LatinoJustice PRLDEF, Inc., National Bar Association, South Asian Bar Association of North America (SABA North America) on behalf of Jay Hirabayashi, Fred T. Korematsu Center for Law and Equality, Holly Yasui, Karen Korematsu, Asian Americans Advancing Justice (AAJC), Asian Americans Advancing Justice (Asian Law Caucus), Asian Americans Advancing Justice (Atlanta), Asian Americans Advancing Justice (Chicago), Asian Americans Advancing Justice (Los Angeles), Asian American Legal Defense And Education Fund (AALDEF), Hispanic National Bar Association (HNBA), Japanese American Citizens League, Honolulu Chapter (JACL Honolulu), LatinoJustice PRLDEF, Inc., National Bar Association, South Asian Bar Association of North America (SABA North America). (Attachments: # 1 Certificate of Service)(Black, Claire) (Entered: 03/10/2017)

1 Certificate of Service

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March 10, 2017 PACER
78

NOTICE of Appearance by Lisa W. Cataldo on behalf of Roderick and Solange MacArthur Justice Center on behalf of Roderick and Solange MacArthur Justice Center. (Cataldo, Lisa) (Entered: 03/10/2017)

March 10, 2017 PACER
79

NOTICE of Appearance by Jessica M. Wan on behalf of Roderick and Solange MacArthur Justice Center on behalf of Roderick and Solange MacArthur Justice Center. (Wan, Jessica) (Entered: 03/10/2017)

March 10, 2017 PACER
80

MEMORANDUM re 65 MOTION for Temporary Restraining Order Amicus Curiae Brief of the Immigration Reform Law Institute in Support of Defendants filed by Immigration Reform Law Institute. (Hevicon, Denise) Modified docket title text on 3/13/2017. Note: Amicus Brief withdrawn per 136 Notice and 137 Motion to Leave to File Amicus filed. (ecs, ). (Entered: 03/10/2017)

March 10, 2017 PACER
81

ORDER APPROVING REQUEST FOR MEDIA BLOGGING as to HONOLULU STAR ADVERTISER representatives Timothy Hurley, Nelson Daranciang.. Permission is approved for the following hearing: Motion for TRO, to be held on 03/15/2017 at 9:30 am. Signed by JUDGE DERRICK K. WATSON on 3/10/2017. [Note: No email address provided on form] (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing. Adhoc: Honolulu Star Advertiser. (NEF). (Entered: 03/10/2017)

March 10, 2017 PACER
82

NOTICE of Appearance by Louise K.Y. Ing on behalf of Asian American Legal Defense And Education Fund (AALDEF), Asian Americans Advancing Justice (AAJC), Asian Americans Advancing Justice (Asian Law Caucus), Asian Americans Advancing Justice (Atlanta), Asian Americans Advancing Justice (Chicago), Asian Americans Advancing Justice (Los Angeles), Fred T. Korematsu Center for Law and Equality, Jay Hirabayashi, Hispanic National Bar Association (HNBA), Japanese American Citizens League, Honolulu Chapter (JACL Honolulu), Karen Korematsu, LatinoJustice PRLDEF, Inc., National Bar Association, South Asian Bar Association of North America (SABA North America), Holly Yasui on behalf of Asian American Legal Defense And Education Fund (AALDEF), Asian Americans Advancing Justice (AAJC), Asian Americans Advancing Justice (Asian Law Caucus), Asian Americans Advancing Justice (Atlanta), Asian Americans Advancing Justice (Chicago), Asian Americans Advancing Justice (Los Angeles), Fred T. Korematsu Center for Law and Equality, Jay Hirabayashi, Hispanic National Bar Association (HNBA), Japanese American Citizens League, Honolulu Chapter (JACL Honolulu), Karen Korematsu, LatinoJustice PRLDEF, Inc., National Bar Association, South Asian Bar Association of North America (SABA North America), Holly Yasui. (Attachments: # 1 Certificate of Service)(Ing, Louise) (Entered: 03/10/2017)

1 Certificate of Service

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March 10, 2017 PACER
83

MOTION for Pro Hac Vice as to Robert A. Johnson Filing fee $ 300, receipt number 0975-1841562.Louise K.Y. Ing appearing for Amicus Parties Asian American Legal Defense And Education Fund (AALDEF), Asian Americans Advancing Justice (AAJC), Asian Americans Advancing Justice (Asian Law Caucus), Asian Americans Advancing Justice (Atlanta), Asian Americans Advancing Justice (Chicago), Asian Americans Advancing Justice (Los Angeles), Fred T. Korematsu Center for Law and Equality, Jay Hirabayashi, Hispanic National Bar Association (HNBA), Japanese American Citizens League, Honolulu Chapter (JACL Honolulu), Karen Korematsu, LatinoJustice PRLDEF, Inc., National Bar Association, South Asian Bar Association of North America (SABA North America), Holly Yasui (Ing, Louise) (Entered: 03/10/2017)

March 10, 2017 PACER
84

MOTION for Pro Hac Vice as to Amir H. Ali; Declaration of Counsel; Consent of Local Counsel; (Proposed) Order Granting Motion to Appear Pro Hac Vice as to Amir H. Ali Filing fee $ 300, receipt number 0975-1841589.David J. Minkin appearing for Amicus Roderick and Solange MacArthur Justice Center (Minkin, David) (Entered: 03/10/2017)

March 10, 2017 PACER
85

Amicus Curiae APPEARANCE entered by Lisa W. Munger on behalf of Human Rights First, KIND (Kids in Need of Defense), Tahirih Justice Center, HIAS. (Attachments: # 1 Certificate of Service)(Munger, Lisa) (Entered: 03/10/2017)

1 Certificate of Service

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March 10, 2017 PACER
86

Corporate Disclosure Statement by HIAS, Human Rights First, KIND (Kids in Need of Defense), Tahirih Justice Center. (Attachments: # 1 Certificate of Service)(Munger, Lisa) (Entered: 03/10/2017)

1 Certificate of Service

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March 10, 2017 PACER
87

MOTION for Pro Hac Vice as to Pratik A. Shah Filing fee $ 300, receipt number 0975-1841600.Louise K.Y. Ing appearing for Amicus Parties Asian American Legal Defense And Education Fund (AALDEF), Asian Americans Advancing Justice (AAJC), Asian Americans Advancing Justice (Asian Law Caucus), Asian Americans Advancing Justice (Atlanta), Asian Americans Advancing Justice (Chicago), Asian Americans Advancing Justice (Los Angeles), Fred T. Korematsu Center for Law and Equality, Jay Hirabayashi, Hispanic National Bar Association (HNBA), Japanese American Citizens League, Honolulu Chapter (JACL Honolulu), Karen Korematsu, LatinoJustice PRLDEF, Inc., National Bar Association, South Asian Bar Association of North America (SABA North America), Holly Yasui (Attachments: # 1 Declaration of Counsel)(Ing, Louise) (Entered: 03/10/2017)

1 Declaration of Counsel

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March 10, 2017 PACER
88

MOTION for Pro Hac Vice of Alan C. Turner Filing fee $ 300, receipt number 0975-1841611.Lisa W. Munger appearing for Amicus Parties HIAS, Human Rights First, KIND (Kids in Need of Defense), Tahirih Justice Center (Attachments: # 1 Declaration of Counsel [Alan C. Turner], # 2 [Proposed] Order Granting Mtn to Appear Pro Hac Vice [Alan C. Turner], # 3 Certificate of Service)(Munger, Lisa) (Entered: 03/10/2017)

1 Declaration of Counsel [Alan C. Turner]

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2 [Proposed] Order Granting Mtn to Appear Pro Hac Vice [Alan C. Turner]

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3 Certificate of Service

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March 10, 2017 PACER
89

MOTION for Pro Hac Vice Jessica M. Weisel Filing fee $ 300, receipt number 0975-1841615.Louise K.Y. Ing appearing for Amicus Parties Asian American Legal Defense And Education Fund (AALDEF), Asian Americans Advancing Justice (AAJC), Asian Americans Advancing Justice (Asian Law Caucus), Asian Americans Advancing Justice (Atlanta), Asian Americans Advancing Justice (Chicago), Asian Americans Advancing Justice (Los Angeles), Fred T. Korematsu Center for Law and Equality, Jay Hirabayashi, Hispanic National Bar Association (HNBA), Japanese American Citizens League, Honolulu Chapter (JACL Honolulu), Karen Korematsu, LatinoJustice PRLDEF, Inc., National Bar Association, South Asian Bar Association of North America (SABA North America), Holly Yasui (Attachments: # 1 Declaration of Counsel)(Ing, Louise) (Entered: 03/10/2017)

1 Declaration of Counsel

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March 10, 2017 PACER
90

MOTION for Pro Hac Vice of Harrison J. (Buzz) Frahn Filing fee $ 300, receipt number 0975-1841619.Lisa W. Munger appearing for Amicus Parties HIAS, Human Rights First, KIND (Kids in Need of Defense), Tahirih Justice Center (Attachments: # 1 Declaration of Counsel [Harrison J. (Buzz) Frahn], # 2 [Proposed] Order Granting Mtn to Appear Pro Hac Vice [Harrison J. (Buzz) Frahn], # 3 Certificate of Service)(Munger, Lisa) (Entered: 03/10/2017)

1 Declaration of Counsel [Harrison J. (Buzz) Frahn]

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2 [Proposed] Order Granting Mtn to Appear Pro Hac Vice [Harrison J. (Buzz) Frahn]

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3 Certificate of Service

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March 10, 2017 PACER
91

NOTICE of Appearance by Nicole Y.C. L. Altman on behalf of Anti-Defamation League on behalf of Anti-Defamation League. (Altman, Nicole) (Entered: 03/10/2017)

March 10, 2017 PACER
92

Corporate Disclosure Statement by Anti-Defamation League. (Altman, Nicole) (Entered: 03/10/2017)

March 10, 2017 PACER
93

MOTION for Leave to File Brief in Support of Plaintiffs' Motion for Temporary Restraining Order Nicole Y.C. L. Altman appearing for Amicus Anti-Defamation League (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Altman, Nicole) (Entered: 03/10/2017)

1 Exhibit A

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2 Certificate of Service

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March 10, 2017 PACER
94

ORDER OF RECUSAL. Magistrate Judge KENNETH J. MANSFIELD recused. Case reassigned to MAGISTRATE JUDGE KEVIN S.C. CHANG. Please reflect Civil Case No: CV 17-00050 DKW-KSC on all further filings. Signed by Magistrate Judge KENNETH J. MANSFIELD on 3/10/2017. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/10/2017)

March 10, 2017 RECAP
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ORDER Approving Request for Media Blogging for representative Randy Brandt of ABC news. Signed by JUDGE DERRICK K. WATSON on 03/10/2017. (apg, dist)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/10/2017)

March 10, 2017 PACER
96

Corporate Disclosure Statement by Asian American Legal Defense And Education Fund (AALDEF), Asian Americans Advancing Justice (AAJC), Asian Americans Advancing Justice (Asian Law Caucus), Asian Americans Advancing Justice (Atlanta), Asian Americans Advancing Justice (Chicago), Asian Americans Advancing Justice (Los Angeles), Fred T. Korematsu Center for Law and Equality, Jay Hirabayashi, Hispanic National Bar Association (HNBA), Japanese American Citizens League, Honolulu Chapter (JACL Honolulu), Karen Korematsu, LatinoJustice PRLDEF, Inc., National Bar Association, South Asian Bar Association of North America (SABA North America), Holly Yasui. (Ing, Louise) (Entered: 03/10/2017)

March 10, 2017 PACER
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ORDER Approving Request for Media Blogging for representative Ian Lovett of Wall Street Journal.Signed by JUDGE DERRICK K. WATSON on 03/10/2017. (apg, dist)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Additional attachment(s) added on 3/13/2017: # 1 Supplement Amended request for Media Blogging) (apg, dist). Modified on 3/13/2017 to attached the amended request with the correct hearing date of 3/15/2017 (apg, dist). (Entered: 03/10/2017)

1 Supplement Amended request for Media Blogging

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March 10, 2017 PACER
98

MOTION for Leave to File Amici Curiae Brief in Support of Plaintiffs Louise K.Y. Ing appearing for Amicus Parties Asian American Legal Defense And Education Fund (AALDEF), Asian Americans Advancing Justice (AAJC), Asian Americans Advancing Justice (Asian Law Caucus), Asian Americans Advancing Justice (Atlanta), Asian Americans Advancing Justice (Chicago), Asian Americans Advancing Justice (Los Angeles), Fred T. Korematsu Center for Law and Equality, Jay Hirabayashi, Hispanic National Bar Association (HNBA), Japanese American Citizens League, Honolulu Chapter (JACL Honolulu), Karen Korematsu, LatinoJustice PRLDEF, Inc., National Bar Association, South Asian Bar Association of North America (SABA North America), Holly Yasui (Attachments: # 1 Amici Curiae Brief, # 2 Certificate of Service)(Ing, Louise) (Entered: 03/10/2017)

1 Amici Curiae Brief

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2 Certificate of Service

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March 10, 2017 PACER

State / Territory: Hawaii

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Feb. 3, 2017

Closing Date: Oct. 2, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State of Hawaii, Ismail Elshikh, John Doe 1, John Doe 2, The Muslim Association of Hawaii

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

American Immigration Council's Legal Action Center

National Immigration Law Center

Northwest Immigrant Rights Project (NWIRP)

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Case Details

Causes of Action:

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.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Equal Protection

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Impact

Disparate Treatment

Family reunification

Racial profiling

Terrorism/Post 9-11 issues

Discrimination-basis:

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Constitutional rights

Detention - criteria

Detention - procedures

Family Separation

Refugees

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern