Case: Hagig v. Trump

1:17-cv-00289 | U.S. District Court for the District of Colorado

Filed Date: Jan. 31, 2017

Closed Date: May 3, 2019

Clearinghouse coding complete

Case Summary

This lawsuit, filed on January 31, 2017, challenged President Trump’s January 27, 2017, Executive Order (EO-1) that banned non-U.S. citizen nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen from being admitted to the U.S. The complaint was filed in the U.S. District Court for the District of Colorado (in Denver) on behalf of a Libyan citizen who attended university in the U.S. Represented by private counsel, the plaintiff argued that the threat of being detained or barred from ree…

This lawsuit, filed on January 31, 2017, challenged President Trump’s January 27, 2017, Executive Order (EO-1) that banned non-U.S. citizen nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen from being admitted to the U.S. The complaint was filed in the U.S. District Court for the District of Colorado (in Denver) on behalf of a Libyan citizen who attended university in the U.S.

Represented by private counsel, the plaintiff argued that the threat of being detained or barred from reentry to the U.S. solely pursuant to EO-1 violated Fifth and Fourteenth Amendment Equal Protection and Due Process rights, the First Amendment Establishment Clause, federal immigration statutes, and the Administrative Procedure Act (APA). He further alleged that "the unlawful and unconstitutional discrimination against [the plaintiff] and others similarly situated is part of a widespread policy, pattern, and practice infringing on rights of many people traveling after issuance of the EO now subject to suspension, detention and removal." The complaint sought declaratory and injunctive relief to "prevent such unlawful and unconstitutional harms from occurring now and in the future." The complaint named President Trump in his official capacity, the Department of Homeland Security, and U.S. Customs and Border Protection as defendants. The case was assigned to District Judge R. Brooke Jackson.

The plaintiff lived and attended college in Colorado where he worked and paid taxes. The plaintiff's family lived in Libya and he alleged he was unable to visit them for a family emergency or any other reason due to the risk that EO-1 posed to his ability to re-enter the U.S.

Soon after filing the original complaint, the plaintiff filed an amended complaint on February 10, seeking to designate a class of "all other persons who are nationals of the Designated Countries who currently are, or recently have been, lawfully present in Colorado on student visas and who, but for the January 27, 2017, Executive Order, would be able to travel to the United States or leave and return to the United States." The amended complaint also claimed violations of the Immigration and Nationality Act (INA).

Next, on February 17, 2017, the plaintiff filed a motion for a preliminary injunction and a concurrent motion to expedite the injunction briefing schedule. But on February 21, District Judge Jackson denied that motion, finding that the plaintiff had not shown sufficient need for expedited action, given that EO-1 had been suspended by the U.S. District Court for the Western District of Washington and the Ninth Circuit in State of Washington v. Trump. However, Judge Jackson stated that he would reconsider expedited action if the Ninth Circuit's order were vacated or if the government released a new EO.

Prompted by developments in Washington v. Trump, on March 6, the President rescinded the January 27 EO and replaced it with a narrower one, Executive Order 13780 (EO-2). On the same day, the defendants in this case filed a notice informing the court of the change. The government argued that the case was now moot; the plaintiff, they said, would not be affected by EO-2 because he was in the U.S. on January 27 and because he already held a valid student visa.

But the defendants soon learned that the plaintiff's student visa had expired, and they therefore filed a correction on March 9 to their March 6 notice. In the correction, the defendants made reference to the expiration issue, but claimed that the EO-2 would still not affect the plaintiff as he would be in the U.S. at the time of its implementation on March 16, whereas the revised restrictions on entry only applied to people outside the country on that day. The government noted that the plaintiff planned to travel to Canada from March 17-23, but reiterated that EO-2 would not apply so long as he was in the U.S. on March 16. The plaintiff's ability to re-enter the United States, according to the defendants, would be governed by the INA rather than the EO.

In light of EO-2, the plaintiff asked the court to withdraw his February 17 motion for preliminary injunction on April 5, 2017. Judge Jackson granted the plaintiff's request for withdrawal the same day. On April 21, the government filed an unopposed motion for a 60-day extension of an April 24 deadline to respond to the plaintiff's first-amended complaint. The defendants again cited the need for additional time to respond in light of the injunctions on the revised EO. Judge Jackson granted this motion on June 13, setting the defendants' response to be due June 23.

However, on June 22, 2017, the defendants filed an unopposed motion to stay proceedings, pending the Supreme Court's decision in Hawaii v. Trump and IRAP v. Trump. Judge Jackson granted the motion to stay on June 26. A year later, on June 26, 2018, the Supreme Court issued a decision in Hawaii v. Trump.

On May 2, 2019, the plaintiff in this case notified the district court that he was voluntarily dismissing all his claims. The case was then closed on May 3, 2019.

Summary Authors

Virginia Weeks (2/13/2017)

Julie Aust (2/18/2017)

Jamie Kessler (2/21/2017)

Ava Morgenstern (10/25/2017)

Sam Kulhanek (4/10/2020)

Esteban Woo Kee (11/19/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4578397/parties/hagig-v-trump/


Judge(s)

Jackson, Richard Brooke (Colorado)

Attorneys(s) for Plaintiff

Carroll, Morgan Lenore (Colorado)

Kennedy-Shaffer, Alan (Colorado)

Smith, Jessica Jodene (Colorado)

Toll, Christopher Hulbert (Colorado)

Attorneys(s) for Defendant

Go, Samuel P. (District of Columbia)

Pandev, Adrian M. (District of Columbia)

Peachey, William Charles (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Westwater, Gisela Ann (District of Columbia)

Judge(s)

Jackson, Richard Brooke (Colorado)

Attorneys(s) for Plaintiff

Carroll, Morgan Lenore (Colorado)

Kennedy-Shaffer, Alan (Colorado)

Smith, Jessica Jodene (Colorado)

Toll, Christopher Hulbert (Colorado)

Attorneys(s) for Defendant

Go, Samuel P. (District of Columbia)

Pandev, Adrian M. (District of Columbia)

Peachey, William Charles (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Westwater, Gisela Ann (District of Columbia)

Young, Stacey Ilene (District of Columbia)

Yuh, Briana (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

May 3, 2019 Docket
1

Complaint for Declaratory and Injunctive Relief

Jan. 31, 2017 Complaint
13

First Amended Class Action Complaint for Declaratory and Injunctive Relief

Feb. 10, 2017 Complaint
17

Motion for Expedited Briefing Schedule for Plaintiff's Motion for Preliminary Injunction

Feb. 17, 2017 Pleading / Motion / Brief
16

Plaintiff's Motion for Preliminary Injunction

Hagig v.Trump

Feb. 17, 2017 Pleading / Motion / Brief
21

Notice to the Court

March 6, 2017 Pleading / Motion / Brief
22

Correction to Defendant's Notice to the Court

March 9, 2017 Pleading / Motion / Brief
26

Notice of Withdrawal of Motion for Preliminary Injunction

April 5, 2017 Pleading / Motion / Brief
28

Unopposed Motion for Extension of Time to Respond to Amended Class Action Complaint

Hagig v.Trump

April 21, 2017 Pleading / Motion / Brief
30

Unopposed Motion for Stay Pending Supreme Court Proceedings

June 22, 2017 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4578397/hagig-v-trump/

Last updated May 20, 2022, 4:26 a.m.

ECF Number Description Date Link
1

COMPLAINT for Declaratory and Injunctive Relief against LaShanda Jones, John Kelly, Kevin McAleenan, Donald Trump, U.S. Customs and Border Protection, U.S. Dept. of Homeland Security (Filing fee $ 400,Receipt Number 1082-5354257)Attorney Alan Kennedy-Shaffer added to party Zakaria Hagig(pty:pla), filed by Zakaria Hagig. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Civil Cover Sheet)(Kennedy-Shaffer, Alan) (Entered: 01/31/2017)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Civil Cover Sheet

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Jan. 31, 2017 RECAP
2

Case assigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry (amenz, ) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
3

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). The summonses submitted are incomplete and not issued. Please file completed summons for issuance using the event Summons Request. (amenz, ) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
4

ADVISORY NOTICE TO ATTORNEY(S).Morgan L. Carroll was administratively removed from the Attorney Roll for either failing to pay the 2013 one-time renewal fee or failing to register for CM/ECF. Unless an application for admission to the bar of the court is received or a motion to withdraw from this case is filed within 10 days of the date of this entry, action may be taken by the court.(Text Only Entry) (amenz, ) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
5

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Complaint, filed by attorney Alan Kennedy-Shaffer. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (amenz, ) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
6

SUMMONS REQUEST as to Donald Trump, President of the United States; U.S. Department of Homeland Security ("DHS"); U.S. Customs and Border Protection ("CBP"); John Kelly, Secretary of DHS; Kevin McAleenan, Acting Commissioner of CBP; and LaShanda Jones, Denver Director, CBP by Plaintiff Zakaria Hagig. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Kennedy-Shaffer, Alan) (Entered: 01/31/2017)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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Jan. 31, 2017 PACER
7

SUMMONS issued by Clerk. (jhawk, ) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
8

NOTICE of Entry of Appearance by Briana F. Yuh on behalf of All Defendants Attorney Briana F. Yuh added to party LaShanda Jones(pty:dft), Attorney Briana F. Yuh added to party John Kelly(pty:dft), Attorney Briana F. Yuh added to party Kevin McAleenan(pty:dft), Attorney Briana F. Yuh added to party Donald Trump(pty:dft), Attorney Briana F. Yuh added to party U.S. Customs and Border Protection(pty:dft), Attorney Briana F. Yuh added to party U.S. Department of Homeland Security(pty:dft) (Yuh, Briana) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
9

Certificate of Service by mail on all Defendants (Kennedy-Shaffer, Alan) Modified on 2/6/2017 to note that these are not returns of service only showing who was served (jhawk, ). (Entered: 02/04/2017)

1 Receipt Service by Certified Mail

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2 Receipt Service by Certified Mail

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Feb. 4, 2017 PACER
10

NOTICE of Entry of Appearance by Christopher Hulbert Toll on behalf of Zakaria HagigAttorney Christopher Hulbert Toll added to party Zakaria Hagig(pty:pla) (Toll, Christopher) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
11

NOTICE of Entry of Appearance by Jessica Jodene Smith on behalf of Zakaria HagigAttorney Jessica Jodene Smith added to party Zakaria Hagig(pty:pla) (Smith, Jessica) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
12

NOTICE of Filing Amended Pleading re 1 Complaint, by Plaintiff Zakaria Hagig (Attachments: # 1 Pages for the Redline of Amended Complaint)(Toll, Christopher) (Entered: 02/10/2017)

1 Pages for the Redline of Amended Complaint

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Feb. 10, 2017 PACER
13

AMENDED COMPLAINT Class Action for Declaratory and Injunctive Relief against All Defendants, filed by Zakaria Hagig. (Attachments: # 1 Exhibit A)(Toll, Christopher) (Entered: 02/10/2017)

1 Exhibit A

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Feb. 10, 2017 PACER
14

MINUTE ORDER. By Judge R. Brooke Jackson on 02/13/2017. (athom, ) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
15

SUMMONS Returned Executed upon defendant(s) LaShanda Jones served on 2/9/2017, answer due 4/10/2017; John Kelly served on 2/6/2017, answer due 4/7/2017; Kevin McAleenan served on 2/6/2017, answer due 4/7/2017; Donald Trump served on 2/6/2017, answer due 4/7/2017; U.S. Customs and Border Protection served on 2/6/2017, answer due 4/7/2017; U.S. Department of Homeland Security served on 2/6/2017, answer due 4/7/2017. (Attachments: # 1 Receipt Certified Mail Confirmed Delivery, # 2 Receipt Certified Mail Confirmed Delivery, # 3 Receipt Return Receipts Received)(Kennedy-Shaffer, Alan) (Entered: 02/15/2017)

1 Receipt Certified Mail Confirmed Delivery

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2 Receipt Certified Mail Confirmed Delivery

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3 Receipt Return Receipts Received

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Feb. 15, 2017 PACER
16

WITHDRAWN MOTION for Preliminary Injunction by Plaintiff Zakaria Hagig. (Attachments: # 1 Appendix Appendix - Part 1 of 5, # 2 Appendix Appendix - Part 2 of 5, # 3 Appendix Appendix - Part 3 of 5, # 4 Appendix Appendix - Part 4 of 5, # 5 Appendix Appendix - Part 5 of 5, # 6 Exhibit Exhibit A - Executive Order, # 7 Exhibit Exhibit B - Appendix of Videos)(Toll, Christopher) Modified on 4/5/2017 withdrawn pursuant to the order of 04/05/17(jhawk, ). (Entered: 02/17/2017)

1 Appendix Appendix - Part 1 of 5

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2 Appendix Appendix - Part 2 of 5

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3 Appendix Appendix - Part 3 of 5

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4 Appendix Appendix - Part 4 of 5

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5 Appendix Appendix - Part 5 of 5

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6 Exhibit Exhibit A - Executive Order

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7 Exhibit Exhibit B - Appendix of Videos

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Feb. 17, 2017 PACER
17

MOTION to Expedite Briefing Schedule for Plaintiff's Motion for Preliminary Injunction by Plaintiff Zakaria Hagig. (Toll, Christopher) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
18

ORDER denying 17 MOTION to Expedite Briefing Schedule for Plaintiff's Motion for Preliminary Injunction. Plaintiff has not shown a need for expedited action in view of the Ninth Circuit's order. Footnote number 1 doesn't do it. If the Ninth Circuit's order is vacated, or if a new Executive Order is issued that potentially threatens irreparable harm to the plaintiff, the Court will take such action as is appropriate including expedited consideration if necessary (assuming that the parties cannot agree after conferral). By Judge R. Brooke Jackson on 2/21/17. Text Only Entry (rbjsec. ) (Entered: 02/21/2017)

Feb. 21, 2017 PACER
19

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 16 MOTION for Preliminary Injunction filed by attorney Christopher Toll. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (agarc, ) (Entered: 02/21/2017)

Feb. 21, 2017 PACER
20

NOTICE of Entry of Appearance by Adrian Mark Pandev on behalf of All Defendants Attorney Adrian Mark Pandev added to party LaShanda Jones(pty:dft), Attorney Adrian Mark Pandev added to party John Kelly(pty:dft), Attorney Adrian Mark Pandev added to party Kevin McAleenan(pty:dft), Attorney Adrian Mark Pandev added to party Donald Trump(pty:dft), Attorney Adrian Mark Pandev added to party U.S. Customs and Border Protection(pty:dft), Attorney Adrian Mark Pandev added to party U.S. Department of Homeland Security(pty:dft) (Pandev, Adrian) (Entered: 03/06/2017)

March 6, 2017 PACER
21

NOTICE Regarding New Executive Order by Defendants LaShanda Jones, John Kelly, Kevin McAleenan, Donald Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit A, New Executive Order)(Pandev, Adrian) (Entered: 03/06/2017)

1 Exhibit A, New Executive Order

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March 6, 2017 PACER
22

NOTICE Correcting Previous Notice to the Court by Defendants LaShanda Jones, John Kelly, Kevin McAleenan, Donald Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit A, New Executive Order)(Pandev, Adrian) (Entered: 03/09/2017)

1 Exhibit A, New Executive Order

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March 9, 2017 PACER
23

Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Preliminary Injunction by Defendants LaShanda Jones, John Kelly, Kevin McAleenan, Donald Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order, # 2 New Executive Order)(Pandev, Adrian) (Entered: 03/09/2017)

1 Proposed Order

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2 New Executive Order

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March 9, 2017 PACER
24

ORDER granting 23 Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Preliminary Injunction. Granted in reliance on the government position that the new order excludes the plaintiff from its coverage, the Court grants the extension requested by the government. By Judge R. Brooke Jackson on 3/13/17. Text Only Entry (rbjsec. ) (Entered: 03/13/2017)

March 13, 2017 PACER
25

STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Kevin McAleenan, U.S. Customs and Border Protection, U.S. Department of Homeland Security, LaShanda Jones, Donald Trump, John Kelly. All Defendants. (Pandev, Adrian) (Entered: 04/03/2017)

April 3, 2017 PACER
26

NOTICE re 16 MOTION for Preliminary Injunction for Withdrawal by Plaintiff Zakaria Hagig (Toll, Christopher) (Entered: 04/05/2017)

April 5, 2017 RECAP
27

ORDER withdrawing 16 Motion for Preliminary Injunction. The motion is withdrawn as indicated in the notice at ECF No. 26. By Judge R. Brooke Jackson on 4/5/17. Text Only Entry (rbjsec. ) (Entered: 04/05/2017)

April 5, 2017 PACER
28

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants LaShanda Jones, John Kelly, Kevin McAleenan, Donald Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Pandev, Adrian) (Entered: 04/21/2017)

April 21, 2017 PACER
29

ORDER granting 28 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond. The defendants answer or response is now due by 6/23/17. (rbjsec. ) (Entered: 06/13/2017)

June 13, 2017 PACER
30

Unopposed MOTION to Stay by Defendants LaShanda Jones, John Kelly, Kevin McAleenan, Donald Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order (PDF Only))(Pandev, Adrian) (Entered: 06/22/2017)

1 Proposed Order (PDF Only)

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June 22, 2017 PACER
31

ORDER granting 30 Unopposed Motion to Stay. By Judge R. Brooke Jackson on 6/26/17. Text Only Entry (rbjsec. ) (Entered: 06/26/2017)

June 26, 2017 PACER
35

NOTICE of Entry of Appearance by Samuel P. Go on behalf of All Defendants Attorney Samuel P. Go added to party LaShanda Jones(pty:dft), Attorney Samuel P. Go added to party John Kelly(pty:dft), Attorney Samuel P. Go added to party Kevin McAleenan(pty:dft), Attorney Samuel P. Go added to party Donald Trump(pty:dft), Attorney Samuel P. Go added to party U.S. Customs and Border Protection(pty:dft), Attorney Samuel P. Go added to party U.S. Department of Homeland Security(pty:dft) (Go, Samuel) (Entered: 09/28/2018)

Sept. 28, 2018
32

Motion to Withdraw as Attorney

1 Proposed Order (PDF Only)

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July 28, 2017 PACER
36

ORDER granting 34 Motion to Withdraw as Attorney. Attorney Briana F. Yuh withdrawn. By Judge R. Brooke Jackson on 10/1/18. Text Only Entry (rbjsec. ) (Entered: 10/01/2018)

Oct. 1, 2018
33

Order on Motion to Withdraw as Attorney

July 28, 2017 PACER
37

NOTICE of Voluntary Dismissal of Case by Plaintiff Zakaria Hagig (Toll, Christopher) (Entered: 05/02/2019)

May 2, 2019
34

Withdraw as Attorney

1 Proposed Order (PDF Only)

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Sept. 28, 2018 RECAP
38

Civil Case Terminated pursuant to the notice of dismissal filed in this case on 5/2/19. Text Only Entry (jdyne, ) (Entered: 05/03/2019)

May 3, 2019

State / Territory: Colorado

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Jan. 31, 2017

Closing Date: May 3, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Lawful Permanent Resident from Libya affected by Travel Ban executive orders.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

United States, Federal

U.S. Department of Homeland Security, Federal

U.S. Customs and Border Protection, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Disparate Treatment

Family reunification

Over/Unlawful Detention

Discrimination-basis:

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern