Case: Asgari v. Trump

1:17-cv-10182 | U.S. District Court for the District of Massachusetts

Filed Date: Feb. 1, 2017

Closed Date: June 1, 2017

Clearinghouse coding complete

Case Summary

On February 1, 2017, a J-1 visa holder filed this lawsuit in the U.S. District Court for the District of Massachusetts, after being prevented from boarding a flight from Frankfurt to Boston on both January 28 and 30, 2017. Represented by private counsel, the plaintiff was Iranian-born and a resident of Switzerland; she was traveling to Boston to begin working at Brigham & Women's hospital as a researcher and expert on state-of-the-art genetic sequencing technologies focusing on pediatric suscep…

On February 1, 2017, a J-1 visa holder filed this lawsuit in the U.S. District Court for the District of Massachusetts, after being prevented from boarding a flight from Frankfurt to Boston on both January 28 and 30, 2017. Represented by private counsel, the plaintiff was Iranian-born and a resident of Switzerland; she was traveling to Boston to begin working at Brigham & Women's hospital as a researcher and expert on state-of-the-art genetic sequencing technologies focusing on pediatric susceptibility to infection.

The complaint alleged that on January 28, 2017, a gate operator at the Frankfurt airport, who introduced himself as a representative from the consulate of the United States, told the plaintiff that she was ineligible to board a flight to the United States pursuant to an executive order issued by President Donald Trump on January 27, 2017 (EO-1, suspending entry into the United States of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen). The complaint further alleged that when the plaintiff returned to the Frankfurt airport on January 31, with a copy of the January 29 Temporary Restraining Order issued in Loughalam v. Trump,

providing immediate protection to "holders of valid immigrant and non-immigrant visas . . . who, absent the Executive Order, would be legally authorized to enter the United States," the plaintiff was once again prevented from boarding her flight to Boston, despite being subject to the TRO's protection as a valid J-1 visa holder.

The plaintiff claimed that her continued bar to entry based solely on EO-1, that was enforced against her contrary to nationwide federal court stays, stood in violation of the defendants' duties owed to her and to all persons similarly protected by the TRO. The plaintiff sought declaratory and injunctive relief. President Trump, the Secretary of the Department of Homeland Security, and the Acting Commissioner of the Customs and Border Patrol Division of DHS were named as defendants.

On February 2, 2017 the plaintiff filed an emergency motion seeking a Temporary Restraining Order against the defendants, but the next day, the plaintiff requested that the hearing on the TRO be cancelled, as she was able to travel to the United States and clear customs.

On March 6, 2017, prompted by developments in the Washington v. Trump litigation, in the Ninth Circuit, the President rescinded the January 27 Executive Order and replaced it with a narrower one, Executive Order 13780 (EO-2).

In light of the revised EO-2, on March 31, the parties requested that the court stay the proceedings and postpone the defendants' deadline to answer, for sixty days until June 5, 2017. This would allow the parties enough time to monitor ongoing litigation before deciding how to proceed. District Judge Burroughs granted this request for a stay the same day.

On May 31, the plaintiff filed a notice of voluntary dismissal without prejudice, citing the Fourth Circuit's injunction of EO-2 in IRAP v. Trump. The court closed the case on June 1, 2017.

Summary Authors

Julie Aust (2/6/2017)

Virginia Weeks (2/8/2017)

Ava Morgenstern (6/13/2017)

Esteban Woo Kee (10/23/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4580022/parties/asgari-v-trump/


Judge(s)

Burroughs, Allison Dale (Massachusetts)

Gertner, Nancy (Massachusetts)

Gorton, Nathaniel M. (Massachusetts)

Harrington, Edward Francis (Massachusetts)

Lasker, Morris Edward (Massachusetts)

Lindsay, Reginald C. (Massachusetts)

O'Toole, George A. Jr. (Massachusetts)

Ponsor, Michael Adrian (Massachusetts)

Saris, Patti B. (Massachusetts)

Saylor, F. Dennis IV (Massachusetts)

Judge(s)

Burroughs, Allison Dale (Massachusetts)

Gertner, Nancy (Massachusetts)

Gorton, Nathaniel M. (Massachusetts)

Harrington, Edward Francis (Massachusetts)

Lasker, Morris Edward (Massachusetts)

Lindsay, Reginald C. (Massachusetts)

O'Toole, George A. Jr. (Massachusetts)

Ponsor, Michael Adrian (Massachusetts)

Saris, Patti B. (Massachusetts)

Saylor, F. Dennis IV (Massachusetts)

Stearns, Richard Gaylore (Massachusetts)

Tauro, Joseph Louis (Massachusetts)

Wolf, Mark Lawrence (Massachusetts)

Woodlock, Douglas Preston (Massachusetts)

Young, William G. (Massachusetts)

Zobel, Rya Weickert (Massachusetts)

Attorneys(s) for Plaintiff

Bruhn, Nathaniel P. (Massachusetts)

Frost-Davies, Julia (Massachusetts)

Kaufman, Noah J. (Massachusetts)

Scott, Thane D. (Massachusetts)

Willett, Peter Sabin (Massachusetts)

Attorneys(s) for Defendant

Nazarov, Ari (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

May 31, 2017 Docket
1

Complaint

Feb. 1, 2017 Complaint
5

Plaintiff's Emergency Motion Seeking a Temporary Restraining Order and Hearing Before the Court

Feb. 2, 2017 Pleading / Motion / Brief
11

Plaintiff's Notice Regarding Cancellation of Emergency Hearing

Feb. 3, 2017 Notice Letter
13

Joint Motion for Entry of a Stay and for Temporary Suspension of the Defendants' Deadline to Answer, Move, or Otherwise Respond to the Complaint

March 31, 2017 Pleading / Motion / Brief
15

Notice of Voluntary Dismissal Without Prejudice

May 31, 2017 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4580022/asgari-v-trump/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-6479440 (Fee Status: Filing Fee paid), filed by Samira Asgari. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit 1. Asgari Declaration, # 4 Exhibit 2. Jan. 29, 2017 Order, # 5 Exhibit 3. Kaufman Declaration)(Willett, Peter) (Attachment 1 replaced on 2/2/2017) (McDonagh, Christina). (Attachment 2 replaced on 2/2/2017) (McDonagh, Christina). (Additional attachment(s) added on 2/2/2017: # 6 Exhibit A) Restricted due to personal identifiers. (Pacho, Arnold). (Attachment 5 replaced on 2/2/2017) (Pacho, Arnold). Modified on 2/2/2017 (Pacho, Arnold). (Additional attachment(s) added on 2/2/2017: # 8 Exhibit A RE: Exhibit 1. Asgari Declaration) (adminn, ). (Attachment 3 replaced on 2/2/2017) (adminn, ). (Entered: 02/01/2017)

1 Civil Cover Sheet

View on PACER

2 Category Form

View on PACER

3 Exhibit 1. Asgari Declaration

View on RECAP

4 Exhibit 2. Jan. 29, 2017 Order

View on RECAP

5 Exhibit 3. Kaufman Declaration

View on RECAP

6 *Restricted*

View on PACER

8 *Restricted*

View on PACER

Feb. 1, 2017 RECAP
2

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Pacho, Arnold) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
3

General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (McDonagh, Christina) (Entered: 02/02/2017)

Feb. 2, 2017 RECAP
4

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina) (Entered: 02/02/2017)

Feb. 2, 2017 RECAP
5

Emergency MOTION for Temporary Restraining Order by Samira Asgari.(Willett, Peter) (Entered: 02/02/2017)

Feb. 2, 2017 RECAP
6

ELECTRONIC NOTICE Setting Hearing on Motion 5 Emergency MOTION for Temporary Restraining Order : Motion Hearing set for 2/6/2017 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs. Counsel for plaintiff shall inform defendants of the scheduled hearing. (Folan, Karen) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
7

NOTICE of Appearance by Nathaniel P. Bruhn on behalf of Samira Asgari (Bruhn, Nathaniel) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
8

NOTICE of Appearance by Noah J. Kaufman on behalf of Samira Asgari (Kaufman, Noah) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
9

NOTICE of Appearance by Ari Nazarov on behalf of John Kelly, Kevin K. McAleenan, William Mohalley, Donald Trump (Folan, Karen) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
10

ELECTRONIC NOTICE Canceling Hearing: The Motion hearing on 5 Emergency MOTION for Temporary Restraining Order, currently scheduled for 2/6/2017 at 10:00 AM has been cancelled. (Montes, Mariliz) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
11

NOTICE by Samira Asgari Regarding Cancellation of Emergency Hearing (Kaufman, Noah) (Entered: 02/03/2017)

Feb. 3, 2017 RECAP
12

Judge Allison D. Burroughs: ELECTRONIC ORDER entered finding as moot 5 Motion for TRO. (Folan, Karen) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
13

Joint MOTION to Stay by Samira Asgari.(Kaufman, Noah) (Entered: 03/31/2017)

March 31, 2017 PACER
14

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 13 Motion to Stay (Folan, Karen) (Entered: 03/31/2017)

March 31, 2017 PACER
15

NOTICE of Voluntary Dismissal by Samira Asgari (Kaufman, Noah) (Entered: 05/31/2017)

May 31, 2017 RECAP

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Feb. 1, 2017

Closing Date: June 1, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An Iranian-born and Switzerland-based scientist, granted a J-1 visa, but denied entry following the January 27, 2017 Executive Order. The successfully plaintiff entered the US on February 3, 2017, and cancelled a scheduled emergency hearing for mandamus but proceeded with a civil suit.

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

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

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

Case Details

Causes of Action:

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None yet

Issues

General:

Terrorism/Post 9-11 issues

Discrimination-basis:

National origin discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern