Case: Tawfeeq v. U.S. Department of Homeland Security

1:17-cv-00353 | U.S. District Court for the Northern District of Georgia

Filed Date: Jan. 30, 2017

Closed Date: Aug. 11, 2017

Clearinghouse coding complete

Case Summary

This case is different from many of the other cases in the Travel Ban collection as it challenged the legality of the executive order as applied to lawful permanent residents, instead of arguing that the executive order was invalid on its face. On January 30, 2017, a lawful permanent resident (LPR) of the U.S., represented by private counsel, filed this lawsuit in the U.S. District Court for the Northern District of Georgia (in Atlanta). The plaintiff claimed that U.S. Customs and Border Patro…

This case is different from many of the other cases in the Travel Ban collection as it challenged the legality of the executive order as applied to lawful permanent residents, instead of arguing that the executive order was invalid on its face.

On January 30, 2017, a lawful permanent resident (LPR) of the U.S., represented by private counsel, filed this lawsuit in the U.S. District Court for the Northern District of Georgia (in Atlanta). The plaintiff claimed that U.S. Customs and Border Patrol (CBP) agents held him for questioning at the Atlanta International Airport, upon his arrival from a trip to Iraq, on January 29, 2017. The plaintiff further alleged that this questioning was performed pursuant to President Trump’s January 27, 2017, Executive Order (EO-1), prohibiting non-U.S. citizen nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen from gaining entry to the U.S. The Department of Homeland Security (DHS), CBP, and several agents and officers of these federal agencies were named as defendants.

The plaintiff, Mohammed Abdullah Tawfeeq, was born in Iraq, resettled in the U.S. as a refugee, and became a LPR in 2013. At the time the complaint was filed, Tawfeeq worked as the Manager of the International Desk for CNN. Tawfeeq was based at CNN's Atlanta bureau and traveled to the Middle East regularly for his work as a reporter.

The plaintiff argued that regardless of the validity of EO-1’s immediate suspension of “every entry to the U.S.” by individuals “visiting temporarily,” EO-1 facially violated the Immigration and Nationality Act, the Administrative Procedure Act, and the U.S. Constitution’s guarantee of Procedural Due Process as applied to LPRs and green card holders returning after a brief trip abroad. The complaint stated that LPRs, like the plaintiff, were entitled to greater procedural protections under the INA than non-immigrant non-citizens. According to the complaint, the airport questioning on January 29, 2017, began with a CBP officer notifying Tawfeeq that he could be denied entry to the country as a result of recently signed EO-1. CBP officers questioned Tawfeeq about the purposes of his trip to Iraq, sent the plaintiff to secondary questioning, and made the plaintiff wait for over 30 minutes before informing him that he could enter the country.

The complaint described this screening procedure conducted by CBP as an “improper analysis” of whether the plaintiff was entitled to a “case-by-case” exception to EO-1. Despite the fact that Tawfeeq was told he could enter the country at the Atlanta Airport, he alleged that the INA required the CBP officials to conclude that: 1) EO-1 was inapplicable to the plaintiff as the President did not have authority under Section 212(f) of the INA to suspend entry to LPRs who do not meet statutorily specified disqualifying conditions (like engaging in illegal activity after departing the U.S.), and 2) as an LPR, Tawfeeq was not a non-citizen seeking “admission to the U.S” and was not a proper subject for screening procedures pursuant to EO-1. Tawfeeq argued that without an injunction from a federal court, the federal government could begin applying EO-1 to “bar or otherwise encumber” the return of LPRs to the U.S. and that this possibility threatened to harm the plaintiff personally as he regularly traveled internationally for his work as a journalist. In addition to the civil complaint, the plaintiff filed a petition for mandamus directing inspection of returning LPRs under the INA rather than under the Executive Order. The plaintiff also sought attorney’s fees and costs pursuant to the Equal Access to Justice Act (5 U.S.C. §504 and 28 U.S.C. §2412(d).

The case was assigned to District Judge Timothy Batten. On February 1, 2017, the plaintiff filed an emergency motion to expedite proceedings. The government filed a motion to dismiss on February 7. Though the motion to dismiss is not accessible on PACER, the the plaintiff’s February 27 response to it indicates that the government argued that the claims were moot because of a White House Counsel memorandum that interpreted EO-1 to exclude LPRs, a DHS press release regarding the memorandum, and a federal district court order from Massachusetts declining to extend a temporary restraining order as a result of the memorandum.

District Judge Batten denied the motion to expedite proceedings in an order dated February 10, 2017. In that order, the district court cited the February 3 temporary restraining order issued by the U.S. District Court for the Western District of Washington in the Washington v. Trump case. The district court explained that because the federal government was already enjoined from enforcing the “pertinent portions” of EO-1 and the plaintiff had not shown “immediate plans to leave the country,” expedited proceedings were unnecessary.

As discussed above, Tawfeeq responded to the government’s motion to dismiss on February 27, 2017 but due to developments in the Washington case, the President rescinded EO-1 and replaced it with a narrower order, Executive Order 13780 (EO-2).

On March 23, 2017, the plaintiff filed an amended complaint challenging EO-2’s Sections 1(g) which applied greater scrutiny to Iraqi nationals during the visa issuance/U.S. admissions process; 2 which temporarily suspended entry into the U.S. by nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen; and 4 which provided that applications for visa/admissions/any immigration benefit by Iraqi nationals should be "subjected to thorough review". Specifically, Tawfeeq alleged that no section of EO-2 removed Iraqi LPR's from the "additional scrutiny" and "thorough review" requirements so that like EO-1, this order violated the INA, APA, and his Procedural Due Process rights. Tawfeeq sought declaratory and injunctive relief, as well as a writ of mandamus instructing DHS to instruct its employees inspecting non-citizens at U.S. points of entry to exclude returning Iraqi resident immigrants from the new screening terms under the EO.

On April 24, 2017, the government filed a motion to dismiss the amended complaint. The parties filed a joint preliminary report and discovery plan on July 7. Later in July, the parties noted their disagreement over the discovery deadlines, and discovery was stayed pending the district court's ruling on the April 24 motion to dismiss.

On August 11, 2017, District Judge Batten granted the government’s April 24 motion to dismiss the amended complaint. First, the court held that Tawfeeq lacked standing to challenge Section 1(g) which the plaintiff acknowledged would only apply to him if erroneously implemented, and the court would not presume that the law would be erroneously implemented. Second, the plaintiff’s challenge to Section 2 was also dismissed on standing grounds as it did not apply to Iraqi nationals or LPRs. Lastly, the court determined that Tawfeeq’s challenge to Section 4 was too speculative to grant standing. Finally, the court determined that the revocation of EO-1 rendered Tawfeeq's claims challenging its application to LPRs moot. 309 F. Supp. 3d 1350. This order ended the case.

Summary Authors

Ava Morgenstern (2/22/2017)

Julie Aust (8/13/2017)

Esteban Woo Kee (11/19/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4579735/parties/tawfeeq-v-us-department-of-homeland-security/


Judge(s)

Batten, Timothy C. Sr. (Georgia)

Attorneys(s) for Plaintiff

Hampe, Carl W. (District of Columbia)

Moser, Theresia Maria (Georgia)

Pierce, Daniel P. (District of Columbia)

Attorneys(s) for Defendant

Peachey, William Charles (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Reuveni, Erez (District of Columbia)

Wall, Sheetul Sheth (District of Columbia)

Westwater, Gisela Ann (District of Columbia)

Other Attorney(s)

Active

Judge(s)

Batten, Timothy C. Sr. (Georgia)

Attorneys(s) for Plaintiff

Hampe, Carl W. (District of Columbia)

Moser, Theresia Maria (Georgia)

Pierce, Daniel P. (District of Columbia)

Attorneys(s) for Defendant

Peachey, William Charles (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Reuveni, Erez (District of Columbia)

Wall, Sheetul Sheth (District of Columbia)

Westwater, Gisela Ann (District of Columbia)

Other Attorney(s)

Williams, Victor (Maryland)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 11, 2017 Docket
1

Complaint for Declaratory, Mandamus, and Injunctive Relief

Jan. 30, 2017 Complaint
5

Plaintiffs' Emergency Motion to Expedite Proceedings

Feb. 1, 2017 Pleading / Motion / Brief
15

Order

Feb. 2, 2017 Order/Opinion
22

Order

Feb. 10, 2017 Order/Opinion
24

Order

Feb. 21, 2017 Order/Opinion
25

Plaintiff's Opposition to Defendants' Motion to Dismiss

Feb. 27, 2017 Pleading / Motion / Brief
27

Joint Motion to Reset Deadlines

March 9, 2017 Pleading / Motion / Brief
28

Order

March 13, 2017 Order/Opinion
32

Opposition to Motion for Leave to File as Amicus Curaie

March 22, 2017 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4579735/tawfeeq-v-us-department-of-homeland-security/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT FOR DECLARATORY, MANDAMUS, AND INJUNCTIVE RELIEF filed by Mohammed Abdullah Tawfeeq against Defendants. ( Filing fee $ 400 receipt number 113E-6944220.) (Attachments: # 1 Exhibit A - Executive Order, # 2 Civil Cover Sheet)(aaq) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 01/31/2017)

1 Exhibit A - Executive Order

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2 Civil Cover Sheet

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Jan. 30, 2017 PACER

Submission to District Judge

Jan. 31, 2017 PACER
2

Summons Issued as to Carey Davis, John F. Kelly, Kevin A. McAleenan, Andy Pryor, Thomas A. Shannon, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of State and Shana Wells. (aaq) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
3

APPLICATION for Admission of Carl W. Hampe Pro Hac Vice (Application fee $ 150, receipt number 113E-6945025)by Mohammed Abdullah Tawfeeq. (Moser, Theresia) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
4

APPLICATION for Admission of Daniel P. Pierce Pro Hac Vice (Application fee $ 150, receipt number 113E-6945170)by Mohammed Abdullah Tawfeeq. (Moser, Theresia) (Entered: 01/31/2017)

Jan. 31, 2017 PACER

Approval of Application for Admission Pro Hac Vice

Feb. 1, 2017 PACER
5

Emergency MOTION to Expedite Proceedings with Brief In Support by Mohammed Abdullah Tawfeeq. (Attachments: # 1 Brief in Support of Motion to Expedite, # 2 Exhibit A: Declaration of Deborah Rayner, # 3 Text of Proposed Order in Response to Motion to Expedite, # 4 Text of Proposed Order Setting Expedited Briefing Schedule)(Moser, Theresia) (Entered: 02/01/2017)

1 Brief in Support of Motion to Expedite

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2 Exhibit A: Declaration of Deborah Rayner

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3 Text of Proposed Order in Response to Motion to Expedite

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4 Text of Proposed Order Setting Expedited Briefing Schedule

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Feb. 1, 2017 PACER

Clerks Certificate of Mailing

Feb. 2, 2017 PACER
6

AFFIDAVIT of Service for Summons and Complaint, as to U.S. Customs and Border Protection. (Moser, Theresia) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
7

AFFIDAVIT of Service for Summons and Complaint, as to U.S. Department of State. (Moser, Theresia) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
8

AFFIDAVIT of Service for Summons and Complaint, as to Kevin McAleenan. (Moser, Theresia) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
9

AFFIDAVIT of Service for Summons and Complaint, as to Thomas Shannon. (Moser, Theresia) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
10

AFFIDAVIT of Service for Summons and Complaint, as to U.S. Department of Homeland Security. (Moser, Theresia) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
11

AFFIDAVIT of Service for Summons and Complaint, as to John F. Kelly. (Moser, Theresia) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
12

AFFIDAVIT of Service for Summons and Complaint, as to Andy Pryor. (Moser, Theresia) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
13

AFFIDAVIT of Service for Summons and Complaint, as to Carey Davis. (Moser, Theresia) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
14

AFFIDAVIT of Service for Summons and Complaint, as to Shana Wells. (Moser, Theresia) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
15

ORDER DIRECTING defendants to file their response(s), if any, to Plaintiff's Motion to Expedite Proceedings by 2/8/17. Plaintiff is DIRECTED to serve this order on defendants. Signed by Judge Timothy C. Batten, Sr on 2/2/17. (jlm) (Additional attachment(s) added on 2/2/2017: # 1 Order) (jlm). (Entered: 02/02/2017)

1 Duplicate Order (Error)

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Feb. 2, 2017 PACER
16

CERTIFICATE OF SERVICE re 15 Order, Set Submission Deadline,, filed by Mohammed Abdullah Tawfeeq (Moser, Theresia) (Entered: 02/02/2017)

Feb. 2, 2017 PACER

Order on Application for Admission PHV

Feb. 3, 2017 PACER
17

NOTICE of Appearance by Sheetul Sheth Wall on behalf of Carey Davis, John F. Kelly, Kevin A. McAleenan, Andy Pryor, Thomas A. Shannon, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of State, Shana Wells (Wall, Sheetul) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
18

ORDER directing Clerk's Office to make case filings electronically available for review through PACER. Signed by Judge Timothy C. Batten, Sr on 2/3/17. (rsh) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
19

WITHDRAWN MOTION to Dismiss Complaint for Declaratory, Mandamus, and Injunctive Relief with Brief In Support by Carey Davis, John F. Kelly, Kevin A. McAleenan, Andy Pryor, Thomas A. Shannon, U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Brief, # 2 Exhibit A - 2-1-17 White House Counsel Memorandum, # 3 Exhibit B - Louhghalam v. Trump, Mem. & Order at 6-7, Civ. No. 17-10154-NMG (D. Mass. Feb. 3, 2017, # 4 Exhibit C - 2-3-17 Department of Homeland Security Memorandum)(Wall, Sheetul) Modified on 4/4/2017 (jlm). (Entered: 02/07/2017)

Feb. 7, 2017 PACER
20

RESPONSE in Opposition re 5 Emergency MOTION to Expedite Proceedings filed by Carey Davis, John F. Kelly, Kevin A. McAleenan, Andy Pryor, Thomas A. Shannon, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of State, Shana Wells. (Wall, Sheetul) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
21

REPLY to Response to Motion re 5 Emergency MOTION to Expedite Proceedings filed by Mohammed Abdullah Tawfeeq. (Attachments: # 1 Exhibit A- CBP Q & A, # 2 Exhibit B- Gov't Washington Litigation Reply Brief)(Pierce, Daniel) (Entered: 02/09/2017)

1 Exhibit A- CBP Q & A

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2 Exhibit B- Gov't Washington Litigation Reply Brief

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Feb. 9, 2017 PACER

Submission to District Judge

Feb. 10, 2017 PACER
22

ORDER denying 5 Motion to Expedite. Signed by Judge Timothy C. Batten, Sr. on 2/10/17. (se) (Entered: 02/10/2017)

Feb. 10, 2017 RECAP
23

First MOTION for Extension of Time Respond to Defendants' Motion to Dismiss re: 19 MOTION to Dismiss Complaint for Declaratory, Mandamus, and Injunctive Relief with Brief In Support by Mohammed Abdullah Tawfeeq. (Attachments: # 1 Brief in Support of Joint Motion to Delay Response to Defendants' Motion to Dismiss, # 2 Exhibit A - Washington v. Trump, # 3 Text of Proposed Order Granting Joint Motion to Delay Response)(Pierce, Daniel) (Entered: 02/17/2017)

1 Brief in Support of Joint Motion to Delay Response to Defendants' Motion to

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2 Exhibit A - Washington v. Trump

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3 Text of Proposed Order Granting Joint Motion to Delay Response

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Feb. 17, 2017 PACER
24

ORDER granting 23 Motion for Extension of Time through 2/28/17 for Plaintiff to respond to Dfts' Motion to Dismiss. Signed by Judge Timothy C. Batten, Sr on 2/21/17. (rsh) (Entered: 02/21/2017)

Feb. 21, 2017 PACER
25

RESPONSE in Opposition re 19 MOTION to Dismiss Complaint for Declaratory, Mandamus, and Injunctive Relief filed by Mohammed Abdullah Tawfeeq. (Attachments: # 1 Exhibit A - Washington v. Trump (9th Cir. 2017), # 2 Exhibit B - Statement by Sec. John Kelly, # 3 Exhibit C - Govt 9th Cir. Reply Brief, # 4 Exhibit D - Fox News Report, # 5 Exhibit E - Gov Opp to TRO in W.D. Wash, # 6 Exhibit F - W.D. Wash. TRO, # 7 Exhibit G - ED Va. Memo re Grant of PI, # 8 Exhibit H - ED Va. PI)(Pierce, Daniel) (Entered: 02/27/2017)

1 Exhibit A - Washington v. Trump (9th Cir. 2017)

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2 Exhibit B - Statement by Sec. John Kelly

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3 Exhibit C - Govt 9th Cir. Reply Brief

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4 Exhibit D - Fox News Report

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5 Exhibit E - Gov Opp to TRO in W.D. Wash

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6 Exhibit F - W.D. Wash. TRO

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7 Exhibit G - ED Va. Memo re Grant of PI

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8 Exhibit H - ED Va. PI

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Feb. 27, 2017 PACER
26

MOTION for Leave to File Amicus Curaie Brief by Victor Williams. (Attachments: # 1 Amicus Curaie Brief, # 2 Envelope)(adg) Modified on 4/3/2017 to correct filer information (adg). (Entered: 03/08/2017)

1 Amicus Curaie Brief

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2 Envelope

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March 3, 2017 PACER
27

Joint MOTION for Extension of Time File Reply and Pretrial Discovery re: 20 Response in Opposition to Motion, 19 MOTION to Dismiss Complaint for Declaratory, Mandamus, and Injunctive Relief with Brief In Support by Carey Davis, John F. Kelly, Kevin A. McAleenan, Andy Pryor, Thomas A. Shannon, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of State, Shana Wells. (Attachments: # 1 Brief, # 2 Exhibit A - Revised Executive Order, # 3 Text of Proposed Order)(Wall, Sheetul) (Entered: 03/09/2017)

1 Brief

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2 Exhibit A - Revised Executive Order

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3 Text of Proposed Order

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March 9, 2017 PACER
29

LETTER from the U.S. Department of State returning 15 Order. (Attachments: # 1 Envelope) (dfb) (Entered: 03/13/2017)

1 Envelope

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March 9, 2017 PACER
28

ORDER GRANTING 27 Motion for Extension of Time to and including 3/23/17 for defendant's to file a reply re 19 MOTION to Dismiss Complaint for Declaratory, Mandamus, and Injunctive Relief and for parties to exchange initial disclosures and file joint preliminary report and discovery plan. Signed by Judge Timothy C. Batten, Sr on 3/10/17. (jlm) (Entered: 03/13/2017)

March 13, 2017 PACER
30

Joint MOTION for Extension of Time to Amend Complaint and Further Deadlines Regarding Motion to Dismiss re: 1 Complaint, 19 MOTION to Dismiss Complaint for Declaratory, Mandamus, and Injunctive Relief with Brief In Support by Mohammed Abdullah Tawfeeq. (Attachments: # 1 Brief In Support of Joint Motion Regarding Amendment to Complaint and Further Deadlines, # 2 Text of Proposed Order In Support of Joint Motion Regarding Amendment to Complaint and Further Deadlines)(Pierce, Daniel) (Entered: 03/21/2017)

1 Brief In Support of Joint Motion Regarding Amendment to Complaint and Further De

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2 Text of Proposed Order In Support of Joint Motion Regarding Amendment to Complai

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March 21, 2017 PACER
31

ORDER GRANTING Plaintiff through 3/23/17 to file an Amended Complaint; ALLOWING defendant to withdraw their 19 Motion to Dismiss; GRANTING Defendant 30 days from the filing of Plaintiff's Amended Complaint to file a response. (See order for deadlines re discovery and FRCP 26 obligations). Signed by Judge Timothy C. Batten, Sr on 3/22/17. (jlm) (Entered: 03/22/2017)

March 22, 2017 PACER
32

RESPONSE in Opposition re 26 MOTION for Leave to File Amicus Curaie Brief filed by Mohammed Abdullah Tawfeeq. (Pierce, Daniel) (Entered: 03/22/2017)

March 22, 2017 PACER
33

First AMENDED COMPLAINT against Carey Davis, John F. Kelly, Kevin A. McAleenan, Andy Pryor, Thomas A. Shannon, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of State, Shana Wells, filed by Mohammed Abdullah Tawfeeq. (Attachments: # 1 Exhibit A - Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States, # 2 Exhibit B - Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States 3-6-2017, # 3 Exhibit C - State of Hawaii v Trump TRO, # 4 Exhibit D - International Assistance Project v Trump TRO, # 5 Exhibit E - Statement by John Kelly on Entrance of Lawful Permanent Residents, # 6 Exhibit F - White House Counsel Memo, # 7 Exhibit G- Statement on Countries Suspended from Travel to US, # 8 Exhibit H - Declaration of Deborah Rayner, # 9 Exhibit I - Trump Rally (3-15-2017))(Pierce, Daniel) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 03/23/2017)

1 Exhibit A - Executive Order: Protecting the Nation from Foreign Terrorist Entry

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2 Exhibit B - Executive Order: Protecting the Nation from Foreign Terrorist Entry

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3 Exhibit C - State of Hawaii v Trump TRO

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4 Exhibit D - International Assistance Project v Trump TRO

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5 Exhibit E - Statement by John Kelly on Entrance of Lawful Permanent Residents

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6 Exhibit F - White House Counsel Memo

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7 Exhibit G- Statement on Countries Suspended from Travel to US

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8 Exhibit H - Declaration of Deborah Rayner

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9 Exhibit I - Trump Rally (3-15-2017)

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March 23, 2017 PACER
35

REPLY to Response to Motion re 26 MOTION for Leave to File Amicus Curaie Brief filed by Victor Williams. (adg) Modified on 4/3/2017 to correct filer (adg). (Entered: 04/03/2017)

March 29, 2017 PACER
34

INSTRUCTIONS to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr on 3/31/17. (jlm) (Entered: 03/31/2017)

March 31, 2017 PACER

Notification of Docket Correction

April 3, 2017 PACER

Notification of Docket Correction re 26 MOTION for Leave to File Amicus Curaie Brief by Victor Williams, 35 Reply to Response to Motion by Victor Williams. Modified on 4/3/2017 to correct filer (adg)

April 3, 2017 PACER

Submission to District Judge

April 3, 2017 PACER

Submission of 26 MOTION for Leave to File Amicus Curaie Brief to District Judge Timothy C. Batten. (adg)

April 3, 2017 PACER

Submission to District Judge

April 4, 2017 PACER

Submission of 19 MOTION to Dismiss Complaint for Declaratory, Mandamus, and Injunctive Relief, 31 Order, submitted to District Judge Timothy C. Batten. (jlm)

April 4, 2017 PACER

Order

April 4, 2017 PACER

MINUTE ORDER APPROVING WITHDRAWAL of Plaintiff's 19 MOTION to Dismiss Complaint for Declaratory, Mandamus, and Injunctive Relief as agreed upon by parties (See 3/22/17 Order). (Entered at the direction of Chambers) Ordered by Judge Timothy C. Batten, Sr on 4/4/17. (jlm)

April 4, 2017 PACER
36

MOTION to Dismiss Complaint with Brief In Support by Carey Davis, John F. Kelly, Kevin A. McAleenan, Andy Pryor, Thomas A. Shannon, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of State, Shana Wells. (Attachments: # 1 Brief Memorandum in Support of Motion to Dismiss, # 2 Exhibit A - Joint Ltr. to President, # 3 Exhibit B - DHS Press Release)(Wall, Sheetul) (Entered: 04/24/2017)

1 Brief Memorandum in Support of Motion to Dismiss

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2 Exhibit A - Joint Ltr. to President

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3 Exhibit B - DHS Press Release

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April 24, 2017 PACER
37

RESPONSE re 36 MOTION to Dismiss Complaint filed by Mohammed Abdullah Tawfeeq. (Pierce, Daniel) (Entered: 05/08/2017)

May 8, 2017 PACER
38

Joint MOTION for Extension of Time to file Reply in Support of Motion to Dismiss re: 36 MOTION to Dismiss Complaint, 37 Response to Motion with Brief In Support by Carey Davis, John F. Kelly, Kevin A. McAleenan, Andy Pryor, Thomas A. Shannon, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of State, Shana Wells. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Wall, Sheetul) (Entered: 05/19/2017)

1 Brief

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2 Text of Proposed Order

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May 19, 2017 PACER
39

ORDER GRANTING 38 Motion for Extension of Time to and including 6/6/17 for defendant's to file a reply to plaintiff's 37 Response to 36 Motion to Dismiss. Signed by Judge Timothy C. Batten, Sr on 5/22/17. (jlm) (Entered: 05/22/2017)

May 22, 2017 PACER
40

REPLY to Response to Motion re 36 MOTION to Dismiss Complaint filed by Carey Davis, John F. Kelly, Kevin A. McAleenan, Andy Pryor, Thomas A. Shannon, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of State, Shana Wells. (Wall, Sheetul) (Entered: 06/06/2017)

June 6, 2017 PACER

Submission to District Judge

June 6, 2017 PACER

Submission of 36 MOTION to Dismiss Complaint, submitted to District Judge Timothy C. Batten. (jlm)

June 6, 2017 PACER
41

Joint MOTION for Extension of Time Joint Motion to Reset Deadline to File Joint Preliminary Report and Scheduling Order and Serve Initial Disclosures with Brief In Support by Carey Davis, John F. Kelly, Kevin A. McAleenan, Andy Pryor, Thomas A. Shannon, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of State, Shana Wells. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Wall, Sheetul) (Entered: 06/28/2017)

1 Brief

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2 Text of Proposed Order

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June 28, 2017 PACER
42

ORDER granting 41 Joint Motion for Extension of Time to and including 7/7/17 for parties to exchange initial disclosures and file a joint preliminary report and discovery plan. Signed by Judge Timothy C. Batten, Sr on 6/29/17. (jlm) (Entered: 06/29/2017)

June 29, 2017 PACER
43

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Mohammed Abdullah Tawfeeq. (Pierce, Daniel) (Entered: 07/07/2017)

July 7, 2017 PACER
44

Notice for Leave of Absence for the following date(s): 7/24/17, 7/25/17, 7/26/17, 7/27/17, 7/28/17, by Sheetul Sheth Wall. (Wall, Sheetul) (Entered: 07/18/2017)

July 18, 2017 PACER
45

SCHEDULING ORDER: re: 43 Joint Preliminary Report and Discovery Plan. The Court's 3/22/17 Order setting out discovery deadlines was in response to the parties' joint request for same. The parties now disagree on that issue. Discovery in this case is STAYED pending the Courts ruling on the motion to dismiss. Signed by Judge Timothy C. Batten, Sr on 7/31/17. (rsh) (Entered: 07/31/2017)

July 31, 2017 PACER

Clerks Certificate of Mailing

July 31, 2017 PACER

Clerks Certificate of Mailing as to Victor Williams re 45 Scheduling Order. Notice of street name change for the Atlanta courthouse included. (rsh)

July 31, 2017 PACER
46

ORDER granting 36 Dfts' Motion to Dismiss; denying as moot 26 non-party Victor Williams's Motion for Leave to File an amicus curiae brief. Clerk directed to close case. Signed by Judge Timothy C. Batten, Sr on 8/11/17. (rsh) (Entered: 08/11/2017)

Aug. 11, 2017 PACER

Terminated Case

Aug. 11, 2017 PACER
47

CLERK'S JUDGMENT dismissing action, pursuant to Court's order on motion to dismiss. (rsh)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 08/11/2017)

Aug. 11, 2017 PACER

Clerks Certificate of Mailing

Aug. 11, 2017 PACER

Civil Case Terminated. (rsh)

Aug. 11, 2017 PACER

Clerks Certificate of Mailing as to Victor Williams re 47 Clerk's Judgment, 46 Order. Notice of street name change for the Atlanta courthouse included. (rsh)

Aug. 11, 2017 PACER

State / Territory: Georgia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Jan. 30, 2017

Closing Date: Aug. 11, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff was born in Iraq, resettled in the U.S. as a refugee, and became a legal permanent resident in 2013. At the time the complaint was filed, he worked as the Manager of the International Desk for CNN. The plaintiff was based at CNN's Atlanta bureau and traveled to the Middle East regularly for his work as a reporter.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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:

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

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process

Right to travel

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Terrorism/Post 9-11 issues

Discrimination-basis:

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Border police

Constitutional rights

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern