Case: Pars Equality Center v. Trump

1:17-cv-00255 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 8, 2017

Closed Date: Aug. 9, 2018

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Case Summary

This action, filed February 8, 2017, challenged President Trump’s January 27, 2017, Executive Order (EO-1) ban on admission to the US of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. The complaint was filed in the U.S. District Court for the District of Columbia, and it sought "to protect and defend the Iranian-American community in the United States and abroad from the harmful and discriminatory effects of the Executive Order and its implementation." The complaint argued that the EO-1's enforcement violated the First Amendment Establishment Clause, Fifth Amendment rights to Equal Protection and Due Process rights, the Religious Freedom Restoration Act, and the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.). The complaint sought declaratory and injunctive relief. The plaintiffs were represented by private counsel and the Lawyers' Committee for Civil Rights Under Law.

The plaintiffs were individual Iranian nationals as well as Iranian-American organizations. The individuals included students with F-1 visas, a lawful permanent US resident, dual citizens of Iran and the US, a resident of Iran with an approved J-1 visa, refugee families approved for resettlement through the US Refugee Admissions Program, a family awaiting reunification in the US after receiving green cards, a refugee couple that went through the vetting process of the U.N. High Commissioner for Refugees, and an asylum grantee currently in the US. The organizations were the Pars Equality Center, the Iranian American Bar Association, the National Iranian American Council, and the Public Affairs Alliance of Iranian Americans.

The case was assigned to District Judge Tanya Chutkan.

The same day as they filed the complaint, the plaintiffs moved for a preliminary injunction to enjoin defendants from enforcing the provisions of EO-1 that amounted to the alleged violations.

On March 6, 2017, prompted by adverse developments in the Ninth Circuit in Washington v. Trump, the President rescinded EO-1 and replaced it with a narrower one, Executive Order 13780 (EO-2). That day, the government filed notice in this case of the new EO.

In response to EO-2, the plaintiffs filed an amended complaint and motion for preliminary injunction on March 16, which mooted their February 8 motion for a preliminary injunction.

Numerous civil rights organizations filed an amicus brief in support of the plaintiffs' position on Mar. 23: the American-Arab Anti-Discrimination Committee, the Center for Constitutional Rights, the Center for Reproductive Rights, the Chicago Lawyer’s Committee for Civil Rights, the Judge David L. Bazelon Center for Mental Health Law, the Mississippi Center for Justice, the National Center for Lesbian Rights, the National Coalition on Black Civic Participation, the Southern Coalition for Social Justice, and the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. The brief added the argument that "even if this court were to review the EO under a 'rational basis' test [rather than the strict scrutiny test the plaintiffs seek], the Order would still violate the Constitution’s equal protection guarantee." On April 4, two additional briefs were filed in support of the plaintiffs by former national security officials as well as Human Rights First, KIND (Kids in Need of Defense), and Tahirih Justice Center.

On May 11, after an evidentiary hearing on the preliminary injunction motion in this case and Universal Muslim Association of America v. Trump, Judge Chutkan stayed resolution of plaintiffs' motion for a preliminary injunction. The court found that plaintiffs could not show that they faced irreparable harm, citing the two nationwide injunctions that were then in effect.

On June 2, the government filed an emergency motion to stay the proceedings pending Supreme Court review ofInternational Refugee Assistance Project (IRAP v. Trump which the court granted while denying without prejudice the motion for a preliminary injunction on June 20. The court reasoned that in light of the "substantial overlap between the legal issues present here and those that the Supreme Court," a stay was "the most appropriate path for conserving the court’s resources and adjudicating these cases in the most efficient manner possible." The plaintiffs filed several motions in response, including a motion to lift the stay, a motion for a preliminary injunction, and a motion for temporary restraining order. The court denied them all. 2017 WL 7201732.

The Supreme Court was set to hear oral argument in IRAP on October 10, 2017. However, the travel ban imposed by EO-2 was set to expire in the weeks leading up to oral argument. On September 24—the same day the ninety-day ban was set to expire—the Trump Administration issued EO-3 which indefinitely restricted travel from the following eight countries: Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. In response, plaintiffs moved to have the stay lifted. On October 12, the court granted that motion in part, allowing plaintiffs to file an amended complaint and a new motion for a preliminary injunction. In their amended complaint, plaintiffs argued that the proclamation "continues the most discriminatory aspects of the prior two Executive Orders" and requested that the court impose a preliminary injunction.

A hearing on the preliminary injunction was set for November 2. However on October 25, plaintiffs filed a supplemental memo to their preliminary injunction. They noted that after they filed their motion for a preliminary injunction on October 12, the administration issued a new executive order concerning refugeesthat—when implemented based on the State Department's guidelines—amounted to an effective ban on Muslim refugees. Based on those developments, plaintiffs sought to modify the scope of the preliminary injunction to enjoin the government from "suspending processing of refugees." Plaintiffs also filed an amended complaint in early November. A preliminary injunction hearing took place on Nov. 8.

On January 3, 2018, plaintiffs filed a motion to set a briefing schedule. However, defendants opposed that motion, asking the court instead to stay this case pending the resolution of all all appellate proceedings in the IRAP and Hawaii cases. The court granted the defendants' motion for a stay on March 2, citing "substantial overlap" between plaintiffs' case here and Hawaii which was pending review by the Supreme Court. In the March 2 order, the court also dismissed plaintiffs' motion for a preliminary injunction without prejudice.

On July 31, 2018, the plaintiffs filed notice of voluntary dismissal of the case, likely as a result of the Supreme Court's decision in Hawaii upholding the travel ban issued on June 26 (available at 138 S. Ct. 2392). The case is now closed.

	Document
1:17-cv-00255	Docket [PACER]	July 31, 2018	July 31, 2018 Docket
35 1:17-cv-00255	Plaintiffs' Motion for Preliminary Injunction	March 15, 2017	March 15, 2017 Pleading / Motion / Brief
38 1:17-cv-00255	Amici Curiae Brief of National and Regional Civil Rights Organizations in Support of Plaintiffs’ Motion for a Preliminary Injunction (and motion for leave to file)	March 23, 2017	March 23, 2017 Pleading / Motion / Brief
40 1:17-cv-00255	Brief of Former National Security Officials as Amici Curiae in Support of Plaintiffs (and motion for leave to file)	March 27, 2017	March 27, 2017 Pleading / Motion / Brief
49 1:17-cv-00255	Amici Curiae Brief of National and Regional Civil Rights Organizations in Support of Plaintiffs’ Motion for a Preliminary Injunction (and motion for leave to file)	March 28, 2017	March 28, 2017 Pleading / Motion / Brief
42 1:17-cv-00255	Brief for the Foundation for the Children of Iran, Children of Persia and Iranian Alliances Across Borders as Amici Curiae in Support of Plaintiffs’ Motion for a Preliminary Injunction (and motion for leave to file)	March 28, 2017	March 28, 2017 Pleading / Motion / Brief
41 1:17-cv-00255	Motion and Memorandum of Points and Authorities of National Urban League and National Association for the Advancement of Colored People for Leave to Join Amici Curiae Brief	March 28, 2017	March 28, 2017 Pleading / Motion / Brief
61 1:17-cv-00255	Proposed Brief Amicus Curiae of Howard University School of Law Civil Rights Clinic on Behalf of Law Professors in Support of Plaintiffs Pars Equality Center PARS Equality Center v. Trump	March 31, 2017	March 31, 2017 Pleading / Motion / Brief
62 1:17-cv-00255	Proposed Amicus Curiae of HIAS in Support of Plaintiffs' Motion for Preliminary Injunction PARS Equality Center v. Trump	March 31, 2017	March 31, 2017 Pleading / Motion / Brief
55 1:17-cv-00255	Amici Curiae Brief of National and Regional Civil Rights Organizations in Support of Plaintiffs' Motion for a Preliminary Injunction	March 31, 2017	March 31, 2017 Pleading / Motion / Brief

Title	Description		External URL Date / External URL
Presidential Executive Order (13815) on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities United States	Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities	Oct. 24, 2017	Oct. 24, 2017 https://www.federalregister.gov/...
Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats President Donald Trump		Sept. 24, 2017	Sept. 24, 2017 https://www.federalregister.gov/...
Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence Donald Trump	This memorandum provides guidance for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence in light of two preliminary injunctio…	June 14, 2017	June 14, 2017 https://trumpwhitehouse.archives.gov/...
Executive Order 13780: Protecting The Nation From Foreign Terrorist Entry Into The United States President Donald Trump	In light of the Ninth Circuit's observation that the political branches are better suited to determine the appropriate scope of any suspensions than are the courts, and in order to avoid spending add…	March 6, 2017	March 6, 2017 https://www.federalregister.gov/...
Executive Order 13769: Protecting the Nation from Foreign Terrorist Entry into the United States President Donald Trump	This Executive Order restricted travel, immigration, and visas for people from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen, and put the U.S. refugee program on hold for 120 days.	Jan. 27, 2017	Jan. 27, 2017 https://www.gpo.gov/...
End the Travel Ban Pars Equality Center, the Iranian American Bar Association, the National Iranian American Council, and the Public Affairs Alliance of Iranian Americans	The lawsuit was filed by Iranian American civil rights lawyer Cyrus Mehri, partner of Washington, DC-based firm Mehri & Skalet, PLLC; the Lawyers Committee for Civil Rights Under Law; and pro bono co…	2017	Jan. 1, 2017 http://endthetravelban.com/...

ECF Number	Description	Date	Link Date / Link
2	SEALED ORDER re 1 MOTION for Order filed by JANE DOE, JOHN DOE.(This document is SEALED and only available to authorized persons.)Signed by Judge Emmet G. Sullivan on 2/8/17.(ztd) (Entered: 02/09/2017)	Feb. 8, 2017	Feb. 8, 2017 PACER
3	COMPLAINT against DANA J. BOENTE, KEVIN K. MCALEENAN, REX W. TILLERSON, DONALD J. TRUMP, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, JOHN KELLY ( Filing fee $ 400, receipt number 4616082898) filed by SHIVA HISSONG, IRANIAN AMERICAN BAR ASSOCIATION, PUBLIC AFFAIRS ALLIANCE OF IRANIAN AMERICANS, INC.,, ALI ASAEI, JANE DOE, JOHN DOE, PARS EQUALITY CENTER, OMID MOGHIMI, NATIONAL IRANIAN AMERICAN COUNCIL. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 02/09/2017) 1 Civil Cover Sheet View on PACER	Feb. 8, 2017	Feb. 8, 2017 Clearinghouse
4	NOTICE OF RELATED CASE by ALI ASAEI, JANE DOE, JOHN DOE, SHIVA HISSONG, IRANIAN AMERICAN BAR ASSOCIATION, OMID MOGHIMI, NATIONAL IRANIAN AMERICAN COUNCIL, PARS EQUALITY CENTER, PUBLIC AFFAIRS ALLIANCE OF IRANIAN AMERICANS, INC.,. Case related to Case No. 17-cv-243 TSC. (td) (Entered: 02/09/2017)	Feb. 8, 2017	Feb. 8, 2017 RECAP
5	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC AFFAIRS ALLIANCE OF IRANIAN AMERICANS, INC., (td) (Entered: 02/09/2017)	Feb. 8, 2017	Feb. 8, 2017 PACER
6	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PARS EQUALITY CENTER (td) (Entered: 02/09/2017)	Feb. 8, 2017	Feb. 8, 2017 PACER
7	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL IRANIAN AMERICAN COUNCIL (td) (Entered: 02/09/2017)	Feb. 8, 2017	Feb. 8, 2017 PACER
8	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by IRANIAN AMERICAN BAR ASSOCIATION (td) (Entered: 02/09/2017)	Feb. 8, 2017	Feb. 8, 2017 PACER
9	MOTION for Preliminary Injunction by ALI ASAEI, JANE DOE, JOHN DOE, SHIVA HISSONG, IRANIAN AMERICAN BAR ASSOCIATION, OMID MOGHIMI, NATIONAL IRANIAN AMERICAN COUNCIL, PARS EQUALITY CENTER, PUBLIC AFFAIRS ALLIANCE OF IRANIAN AMERICANS, INC., (td) (Entered: 02/09/2017)	Feb. 8, 2017	Feb. 8, 2017 Clearinghouse
10	NOTICE of Appearance by Robert Stanton Jones on behalf of All Plaintiffs (Jones, Robert) (Entered: 02/09/2017)	Feb. 9, 2017	Feb. 9, 2017 PACER
11	NOTICE of Appearance by Stephen K. Wirth on behalf of All Plaintiffs (Wirth, Stephen) (Entered: 02/09/2017)	Feb. 9, 2017	Feb. 9, 2017 PACER
12	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- U.W. Clemon, :Firm- Mehri & Skalet, PLLC, :Address- 1250 Connecticut Avenue NW, Suite 300, Washington, DC 20036. Phone No. - (202) 822-5100. Fax No. - (202) 822-4997 Filing fee $ 100, receipt number 0090-4837468. Fee Status: Fee Paid. by ALI ASAEI, JANE DOE, JOHN DOE, SHIVA HISSONG, IRANIAN AMERICAN BAR ASSOCIATION, OMID MOGHIMI, NATIONAL IRANIAN AMERICAN COUNCIL, PARS EQUALITY CENTER, PUBLIC AFFAIRS ALLIANCE OF IRANIAN AMERICANS, INC., (Attachments: # 1 Declaration Declaration of U.W. Clemon in Support of Motion for Admission Pro Hac Vice)(Mehri, Cyrus) (Entered: 02/09/2017)	Feb. 9, 2017	Feb. 9, 2017 PACER
13	NOTICE of Appearance by Daniel Stephen Garrett Schwei on behalf of All Defendants (Schwei, Daniel) (Entered: 02/10/2017)	Feb. 10, 2017	Feb. 10, 2017 PACER
	MINUTE ORDER: Defendants' Response to 9 Plaintiffs' Motion for Preliminary Injunction due 2/17/2017. Plaintiffs' Reply due 2/22/2017. A hearing is hereby set for 2/28/2017 at 10:30 a.m. in Courtroom 2. Signed by Judge Tanya S. Chutkan on 2/13/2017. (lctsc2)	Feb. 13, 2017	Feb. 13, 2017 PACER
	Order	Feb. 13, 2017	Feb. 13, 2017 PACER
	Set/Reset Deadlines/Hearings: Defendants' Response to 9 Plaintiffs' Motion for Preliminary Injunction is due by 2/17/2017; Plaintiffs' Reply is due by 2/22/2017; A hearing is set for 2/28/2017 at 10:30 a.m. in Courtroom 2 before Judge Tanya S. Chutkan. (jth)	Feb. 13, 2017	Feb. 13, 2017 PACER
	Set/Reset Deadlines/Hearings	Feb. 13, 2017	Feb. 13, 2017 PACER
14	NOTICE of Appearance by Amelia Friedman on behalf of All Plaintiffs (Friedman, Amelia) (Main Document 14 replaced on 2/15/2017) (ztd). (Entered: 02/14/2017)	Feb. 14, 2017	Feb. 14, 2017 PACER
15	NOTICE of Appearance by Joanna K. Wasik on behalf of All Plaintiffs (Wasik, Joanna) (Main Document 15 replaced on 2/15/2017) (ztd). (Entered: 02/14/2017)	Feb. 14, 2017	Feb. 14, 2017 PACER
16	Emergency MOTION to Stay Existing Deadlines Pending Issuance of a New Executive Order by DANA J. BOENTE, JOHN KELLY, KEVIN K. MCALEENAN, REX W. TILLERSON, DONALD J. TRUMP, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Schwei, Daniel) (Entered: 02/16/2017) 1 Text of Proposed Order View on PACER	Feb. 16, 2017	Feb. 16, 2017 Clearinghouse
	Order on Motion to Stay	Feb. 16, 2017	Feb. 16, 2017 PACER
	MINUTE ORDER granting in part 16 Defendants' motion to stay the preliminary injunction briefing schedule. The parties are ORDERED to file a joint status report by 5:00 p.m. on 2/22/2017 providing the court with (1) an update as to whether a new Executive Order has been issued or is forthcoming and (2) the parties' jointly proposed updated briefing schedule. The court will order a new briefing schedule thereafter. Signed by Judge Tanya S. Chutkan on 2/16/2017. (lctsc2)	Feb. 16, 2017	Feb. 16, 2017 PACER
	Set/Reset Deadlines	Feb. 16, 2017	Feb. 16, 2017 PACER
	Set/Reset Deadlines: By 5:00 PM on 2/22/2017 the parties are Ordered to file a Joint Status Report providing the court with (1) an update as to whether a new Executive Order has been issued or is forthcoming and (2) the parties' jointly proposed updated briefing schedule. The court will order a new briefing schedule thereafter. (jth)	Feb. 16, 2017	Feb. 16, 2017 PACER
	MINUTE ORDER: Granting in part and denying in part 12 Motion for Admission Pro Hac Vice. Plaintiffs' counsel U.W. Clemon may be heard in open court, but may not file papers in this court until such time as he has submitted his application to the District of Columbia Bar. See Local Civil Rule 83.2(c)(2) (An attorney who engages in the practice of law from an office located in the District of Columbia must be a member of the District of Columbia Bar AND the Bar of this Court to file papers in this Court.). Upon submission of the application, attorney Clemon may file a renewed motion (without paying an additional fee), at which time the court will remove the prohibition against filing papers in this court. Signed by Judge Tanya S. Chutkan on 2/17/17. (DJS)	Feb. 17, 2017	Feb. 17, 2017 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Feb. 17, 2017	Feb. 17, 2017 PACER
17	NOTICE of Appearance by Sally Pei on behalf of All Plaintiffs (Pei, Sally) (Entered: 02/21/2017)	Feb. 21, 2017	Feb. 21, 2017 PACER
18	Joint STATUS REPORT by ALI ASAEI, JANE DOE, JOHN DOE, SHIVA HISSONG, IRANIAN AMERICAN BAR ASSOCIATION, OMID MOGHIMI, NATIONAL IRANIAN AMERICAN COUNCIL, PARS EQUALITY CENTER, PUBLIC AFFAIRS ALLIANCE OF IRANIAN AMERICANS, INC.,. (Freedman, John) (Entered: 02/22/2017)	Feb. 22, 2017	Feb. 22, 2017 Clearinghouse
	Order	Feb. 22, 2017	Feb. 22, 2017 PACER
	MINUTE ORDER: In light of 18 the parties' joint status report, it is hereby ORDERED that Defendants' Response to 9 Plaintiffs' Motion for Preliminary Injunction is due 3/2/2017, and Plaintiffs' Reply is due 3/7/2017. A hearing is hereby set for 3/13/2017 at 3:00 p.m. in Courtroom 2. Signed by Judge Tanya S. Chutkan on 2/22/2017. (lctsc2)	Feb. 22, 2017	Feb. 22, 2017 PACER
	Set/Reset Deadlines/Hearings: Response to motion for preliminary injunction due by 3/2/2017. Reply due by 3/7/2017. Motion Hearing set for 3/13/2017 at 03:00 PM in Courtroom 2 before Judge Tanya S. Chutkan. (tb)	Feb. 23, 2017	Feb. 23, 2017 PACER
	Set/Reset Deadlines/Hearings	Feb. 23, 2017	Feb. 23, 2017 PACER
19	MOTION for Leave to File Brief of Amici Curiae by AMERICANS UNITED FOR SEPARATION OF CHURCH (Attachments: # 1 Text of Proposed Order Proposed order, # 2 Exhibit Proposed amicus brief)(Katskee, Richard) (Entered: 03/01/2017) 1 Text of Proposed Order Proposed order View on PACER 2 Exhibit Proposed amicus brief View on PACER	March 1, 2017	March 1, 2017 PACER
20	MOTION for Leave to File Amicus Curiae Brief by HIAS (Attachments: # 1 Exhibit Proposed Order Regarding HIAS' Motion, # 2 Exhibit Proposed Amicus Brief)(Bobseine, James) (Entered: 03/01/2017) 1 Exhibit Proposed Order Regarding HIAS' Motion View on PACER 2 Exhibit Proposed Amicus Brief View on PACER	March 1, 2017	March 1, 2017 PACER
	MINUTE ORDER granting 19 AMERICANS UNITED FOR SEPARATION OF CHURCH Motion for Leave to File Amicus Brief; 20 HIAS Motion for Leave to File Amicus Briefs. Amicus briefs shall be filed by 3/7/2017. Signed by Judge Tanya S. Chutkan on 3/2/2017. (lctsc2) Modified on 4/3/2017 (DJS).	March 2, 2017	March 2, 2017 PACER
	Order on Motion for Leave to File	March 2, 2017	March 2, 2017 PACER
21	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kristi L. Graunke, :Firm- Southern Poverty Law Center, :Address- 1989 College Ave. NE, Atlanta, GA 30317. Phone No. - 404-521-6700. Fax No. - 404-221-5857 Filing fee $ 100, receipt number 0090-4861533. Fee Status: Fee Paid. by AMERICANS UNITED FOR SEPARATION OF CHURCH (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Katskee, Richard) (Entered: 03/02/2017)	March 2, 2017	March 2, 2017 PACER
22	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gillian B. Gillers, :Firm- Southern Poverty Law Center, :Address- 1989 College Ave. NE, Atlanta, GA 30317. Phone No. - 404-521-6700. Fax No. - 404-221-5857 Filing fee $ 100, receipt number 0090-4861560. Fee Status: Fee Paid. by AMERICANS UNITED FOR SEPARATION OF CHURCH (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Katskee, Richard) (Entered: 03/02/2017)	March 2, 2017	March 2, 2017 PACER
23	AMICUS BRIEF In Support of Motion for Preliminary Injunction 9 by AMERICANS UNITED FOR SEPARATION OF CHURCH. (td) Modified text on 3/2/2017 (td). (Entered: 03/02/2017)	March 2, 2017	March 2, 2017 Clearinghouse
24	AMICUS BRIEF In Support of Motion for Preliminary Injunction 9 by HIAS. (td) Modified on 3/2/2017 (td). (Entered: 03/02/2017)	March 2, 2017	March 2, 2017 Clearinghouse
25	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by HIAS ; (See docket entry no. 24 to view document.) (td) (Entered: 03/02/2017)	March 2, 2017	March 2, 2017 PACER

Case: Pars Equality Center v. Trump

1:17-cv-00255 | U.S. District Court for the District of District of Columbia

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