Case: Doe v. Trump

3:17-cv-00112 | U.S. District Court for the Western District of Wisconsin

Filed Date: Feb. 13, 2017

Closed Date: April 28, 2017

Clearinghouse coding complete

Case Summary

This lawsuit, filed February 13, 2017, challenged President Trump’s January 27, 2017 Executive Order (EO-1) barring legal immigrants and refugees from seven majority-Muslim countries from entering the US and barring Syrian refugees indefinitely. The complaint argued that by indefinitely barring Syrian refugees, EO-1 violated the First Amendment, the Fifth Amendment, the Immigration and Nationality Act, the Administrative Procedures Act, and exceeded executive power under Article II of the Const…

This lawsuit, filed February 13, 2017, challenged President Trump’s January 27, 2017 Executive Order (EO-1) barring legal immigrants and refugees from seven majority-Muslim countries from entering the US and barring Syrian refugees indefinitely. The complaint argued that by indefinitely barring Syrian refugees, EO-1 violated the First Amendment, the Fifth Amendment, the Immigration and Nationality Act, the Administrative Procedures Act, and exceeded executive power under Article II of the Constitution. This lawsuit argued that EO-1 effectuated President Trump's long-standing campaign promise of implementing a "total and complete shutdown of Muslims entering the United States," and that it unlawfully and unconstitutionally prevented the plaintiff, a Syrian refugee, from reuniting with his wife and daughter, who resided in Aleppo. The plaintiff sought declaratory and injunctive relief. Represented by private counsel, the plaintiff filed the complaint in the Western District of Wisconsin, where it was immediately assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker.

The plaintiff was a Syrian Sunni Muslim asylee who, after fleeing to the United States in 2014 and being fully vetted by US immigration authorities, was granted asylum status in 2016 because of the torture and religious persecution he had suffered in Syria. After being granted asylum in the US, the petitioner filed a derivative asylum application in 2016 in order to reunite with his wife and only surviving child, who remained in Syria. The petitioner claimed that his derivative asylum application had cleared the security vetting process and had been returned to the USCIS Nebraska Service Center for final processing before it was halted by EO-1.

The plaintiff filed a motion to proceed anonymously in order to protect his wife and daughter from harm that they stood to suffer in Aleppo, were his identity to have been revealed.

Along with the complaint, the plaintiff filed a motion requesting a temporary restraining order, preliminary injunction, and summary judgment.

On February 13, 2017, District Judge Conley issued an order granting the plaintiff's motion to proceed anonymously. In the same order, Judge Conley instructed the government to file a response by February 17, 2017, informing the court of: 1) the current status of the plaintiff's derivative asylum request; 2) whether the government continued processing derivative asylee/refugee petitions for Syrian nationals after the January 27 EO; and 3) if not, whether the government took the position that the preliminary injunction issued by the court in State of Washington v. Trump enjoined EO-1's enforcement as to the processing of derivative asylee/refugee petitions for Syrian nationals. Upon receipt of these filings, the court said it would determine the next steps.

On February 17, the government filed a response to Judge Conley's February 13 order (documents not available), and the court issued an order denying the motion for preliminary injunction as moot.

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

As a result, the plaintiffs filed an amended complaint on March 10, 2017, and moved for a temporary restraining order and preliminary injunction. District Judge Conley set a telephone status conference for that day, and at the conference found that the plaintiff was at great risk of suffering irreparable harm were the TRO to be denied. The court then granted the TRO as it applies to plaintiff John Doe, noting that "while defendants object to the entry of temporary injunctive relief, they argue during the hearing that the executive order may not even apply to plaintiff's asylum relative petition, thus ameliorating any harm to the government, or at least any harm caused by the brief period covered by this temporary restraining order." This was the first temporary restraining order to be granted in a case responding to EO-2. The court ordered the defendants to respond to the plaintiff's motion for preliminary injunction by March 16, and scheduled an in-person hearing for March 21.

After a number of extensions to the hearings and filing deadlines, on April 28, the plaintiff filed a notice of withdrawal of the motion for a temporary restraining order and permanent injunction, as well as a notice of voluntary dismissal.

On May 1, the case closed pursuant to Fed. R. Civ. P. 41(a)(1) without further order of the court.

Many documents in this case are unavailable.

Summary Authors

Julie Aust (5/1/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4584445/parties/doe-john-v-trump-donald/


Judge(s)

Conley, William Martin (Wisconsin)

Crocker, Stephen L. (Wisconsin)

Attorneys(s) for Plaintiff

Breidenbach, Andrew (New York)

Giudice, Lauren Nicole (New York)

Levy, Vincent (New York)

Noller, Matthew (New York)

Packard, Tamara Beth (Wisconsin)

Pines, Lester A. (Wisconsin)

Sternlieb, Sarah Michelle (New York)

TenBruggencate, Magdalene Alison (Wisconsin)

Judge(s)

Conley, William Martin (Wisconsin)

Crocker, Stephen L. (Wisconsin)

Attorneys(s) for Plaintiff

Breidenbach, Andrew (New York)

Giudice, Lauren Nicole (New York)

Levy, Vincent (New York)

Noller, Matthew (New York)

Packard, Tamara Beth (Wisconsin)

Pines, Lester A. (Wisconsin)

Sternlieb, Sarah Michelle (New York)

TenBruggencate, Magdalene Alison (Wisconsin)

Vrabie, Andrei (New York)

Attorneys(s) for Defendant

Davila, Yamileth G. (District of Columbia)

Herje, Leslie K. (Wisconsin)

Westwater, Gisela Ann (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

May 1, 2017 Docket
1

Complaint

Feb. 13, 2017 Complaint
9

Memorandum of Law in Support of Plaintiffs' Application for a Temporary Restraining Order

Feb. 13, 2017 Pleading / Motion / Brief
8

Notice of Plaintiff's Application for a Temporary Restraining Order, Preliminary Injunction, and Summary Judgment

Feb. 13, 2017 Pleading / Motion / Brief
14

Order

Feb. 14, 2017 Order/Opinion
25

Order

Feb. 17, 2017 Order/Opinion
29

Notice of Plaintiff's Renewed Application for a Temporary Restraining Order and Preliminary Injunction

March 10, 2017 Pleading / Motion / Brief
27

Amended Complaint

March 10, 2017 Complaint
30, 31, 32, 33

Memorandum of Law in Support of Plaintiff's Renewed Application for a Temporary Restraining Order and Preliminary Injunction [and Plaintiffs Statement of Proposed Record Facts and Declarations in Support]

March 10, 2017 Pleading / Motion / Brief
34

Order

2017 WL 975996

March 10, 2017 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4584445/doe-john-v-trump-donald/

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

ECF Number Description Date Link

Add Judge for Shell Case Opening

Feb. 13, 2017 PACER

Standard Attachments Sent

Feb. 13, 2017 PACER
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0758-1970453.), filed by John Doe, (Attachments: # 1 JS-44 Civil Cover Sheet, # 2 Summons of Donald J. Trump, # 3 Summons of John F. Kelly, # 4 Summons of the Department of Homeland Security, # 5 Summons of Lori Scialabba, # 6 Summons of the United States Citizenship and Immigration Services, # 7 Summons of Rex W. Tillerson, # 8 Summons of the United States Department of State, # 9 Summons of the United States of America) (Vrabie, Andrei) (Entered: 02/13/2017)

1 JS-44 Civil Cover Sheet

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2 Summons of Donald J. Trump

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3 Summons of John F. Kelly

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4 Summons of the Department of Homeland Security

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5 Summons of Lori Scialabba

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6 Summons of the United States Citizenship and Immigration Services

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7 Summons of Rex W. Tillerson

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8 Summons of the United States Department of State

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9 Summons of the United States of America

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Feb. 13, 2017 RECAP
2

Motion for Leave to Proceed Anonymously and to File Certain Documents Under Seal or With Redactions by Plaintiff John Doe. Response due 2/21/2017. (Vrabie, Andrei) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
3

Brief in Support of 2 Motion for Leave to Proceed Anonymously and to File Certain Documents Under Seal or With Redactions by Plaintiff John Doe. (Vrabie, Andrei) (Entered: 02/13/2017)

Feb. 13, 2017 RECAP
4

Affidavit of John Doe filed by Plaintiff John Doe re: 2 Motion for Leave to Proceed Anonymously and to File Certain Documents Under Seal or With Redactions. (Vrabie, Andrei) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
5

Exhibit to 2 Motion for Leave to Proceed Anonymously and to File Certain Documents Under Seal or With Redactions filed by John Doe. Proposed Order. (Vrabie, Andrei) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
6

Corporate Disclosure Statement by Plaintiff John Doe. (Vrabie, Andrei) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
7

Summons Issued as to John F. Kelly, Lori Scialabba, The Department of Homeland Security, The United States of America, Rex W. Tillerson, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of State. (Attachments: # 1 Summons John F. Kelly, # 2 Summons The Department of Homeland Security, # 3 Summons Lori Scialabba, # 4 Summons U.S. Citizenship and Immigration Services, # 5 Summons Rex W. Tillerson, # 6 Summons U.S. Department of State, # 7 Summons The United States of America) (voc) (Entered: 02/13/2017)

1 Summons John F. Kelly

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2 Summons The Department of Homeland Security

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3 Summons Lori Scialabba

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4 Summons U.S. Citizenship and Immigration Services

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5 Summons Rex W. Tillerson

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6 Summons U.S. Department of State

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7 Summons The United States of America

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Feb. 13, 2017 PACER
8

MOTION FOR PRELIMINARY INJUNCTION by Plaintiff John Doe, (Attachments: # 1 Text of Proposed Order) (Vrabie, Andrei) Modified on 2/14/2017: This is a multi-part motion. (lak) (Entered: 02/13/2017)

1 Text of Proposed Order

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Feb. 13, 2017 PACER
9

Brief in Support of 8 Motion for Preliminary Injunction by Plaintiff John Doe. (Vrabie, Andrei) (Entered: 02/13/2017)

Feb. 13, 2017 RECAP
10

Disregard. See 13 . Modified on 2/14/2017. (lak) (Entered: 02/13/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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25 Exhibit Y

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26 Exhibit Z

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27 Exhibit AA

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28 Exhibit BB

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29 Exhibit CC

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30 Exhibit DD

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31 Exhibit EE

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Feb. 13, 2017 PACER
11

Affidavit of John Doe filed by Plaintiff John Doe re: 8 Motion for Preliminary Injunction. (Vrabie, Andrei) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
12

Proposed Findings of Fact filed by Plaintiff John Doe re: 8 Motion for Preliminary Injunction. (Vrabie, Andrei) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
13

Declaration of Andrew B. Breidenbach filed by Plaintiff John Doe re: 8 Motion for Preliminary Injunction, (Attachments: # 1 Exhibit A: Press Release issued by Candidate Trump, dated Dec. 7, 2015, # 2 Exhibit B: Washington Post Article by J. Johnson and S. Sullivan, dated Dec. 8, 2015, # 3 Exhibit C: Transcript of Interview of Candidate Trump by A. Cooper, dated March 9, 2016, # 4 Exhibit D: Transcript of GOP Primary Debate on March 10, 2016, # 5 Exhibit E: WP Rhode Island Article by T. Nesi and S. Machado, dated April 25, 2016, # 6 Exhibit F: Press Release issued by Candidate Trump, dated June 13, 2016, # 7 Exhibit G: Politico Article by B. Schreckinger, dated June 14, 2016, # 8 Exhibit H: Transcript of Interview of Candidate Trump by C. Todd, dated July 24, 2016, # 9 Exhibit I: Time Article with Transcript of Foreign Policy Speech by Candidate Trump, dated Aug. 15, 2016, # 10 Exhibit J: Report by Congressional Research Service, dated Jan. 23, 2017, # 11 Exhibit K: Cato Institute Blog Article by A. Nowrasteh, dated Jan. 25, 2017, # 12 Exhibit L: Transcript of First Television Interview of President Trump, dated Jan. 26, 2017, # 13 Exhibit M: Christian Broadcasting Network Article by D. Brody, dated Jan. 27, 2017, # 14 Exhibit N: Executive Order 13769, dated Jan. 27, 2017, # 15 Exhibit O: CNN Article by D. Merica, dated Jan. 30, 2017, # 16 Exhibit P: Foreign Policy Article by K. Surana and M. O'Toole, dated Jan. 27, 2017, # 17 Exhibit Q: Washington Post Article by A. Wang, dated Jan. 29, 2017, # 18 Exhibit R: Public Radio International Article by A. Leff, dated Jan. 29, 2017, # 19 Exhibit S: Atlantic Article by U. Friedman, dated Jan. 30, 2017, # 20 Exhibit T: CNN Article by J. Diamond, dated Jan. 30, 2017, # 21 Exhibit U: New York Times Article with Letter by then-Acting US Attorney General S. Yates, dated Jan. 30, 2017, # 22 Exhibit V: Memorandum to USCIS Employees by L. Scialabba, dated Feb. 2, 2017, # 23 Exhibit W: Q&A for Border Patrol on Executive Order 13769, dated Feb. 2, 2017, # 24 Exhibit X: Joint Declaration in Washington v. Trump by M. Albright et al., dated Feb. 6, 2017, # 25 Exhibit Y: H.R. Rep. No. 89-745 (1965), # 26 Exhibit Z: S. Rep. No. 89-748 (1965), # 27 Exhibit AA: President L.B. Johnson's Remarks at Liberty Island on Oct. 3, 1965, # 28 Exhibit BB: DHS Report on Refugees and Asylees (2005), # 29 Exhibit CC: Final Act of 1951 UN Conference on Status of Refugees, dated July 25, 1951, # 30 Exhibit DD: DHS Webpage on Refugee Processing and Security Screening, dated Dec. 3, 2015, # 31 Exhibit EE: Transcript of Candidate Trump and M. Pence on 60 Minutes, dated July 17, 2016) (Vrabie, Andrei) (Entered: 02/14/2017)

1 Exhibit A: Press Release issued by Candidate Trump, dated Dec. 7, 2015

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2 Exhibit B: Washington Post Article by J. Johnson and S. Sullivan, dated Dec. 8,

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3 Exhibit C: Transcript of Interview of Candidate Trump by A. Cooper, dated March

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4 Exhibit D: Transcript of GOP Primary Debate on March 10, 2016

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5 Exhibit E: WP Rhode Island Article by T. Nesi and S. Machado, dated April 25, 20

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6 Exhibit F: Press Release issued by Candidate Trump, dated June 13, 2016

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7 Exhibit G: Politico Article by B. Schreckinger, dated June 14, 2016

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8 Exhibit H: Transcript of Interview of Candidate Trump by C. Todd, dated July 24,

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9 Exhibit I: Time Article with Transcript of Foreign Policy Speech by Candidate Tr

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10 Exhibit J: Report by Congressional Research Service, dated Jan. 23, 2017

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11 Exhibit K: Cato Institute Blog Article by A. Nowrasteh, dated Jan. 25, 2017

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12 Exhibit L: Transcript of First Television Interview of President Trump, dated Ja

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13 Exhibit M: Christian Broadcasting Network Article by D. Brody, dated Jan. 27, 20

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14 Exhibit N: Executive Order 13769, dated Jan. 27, 2017

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15 Exhibit O: CNN Article by D. Merica, dated Jan. 30, 2017

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16 Exhibit P: Foreign Policy Article by K. Surana and M. O'Toole, dated Jan. 2

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17 Exhibit Q: Washington Post Article by A. Wang, dated Jan. 29, 2017

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18 Exhibit R: Public Radio International Article by A. Leff, dated Jan. 29, 2017

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19 Exhibit S: Atlantic Article by U. Friedman, dated Jan. 30, 2017

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20 Exhibit T: CNN Article by J. Diamond, dated Jan. 30, 2017

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21 Exhibit U: New York Times Article with Letter by then-Acting US Attorney General

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22 Exhibit V: Memorandum to USCIS Employees by L. Scialabba, dated Feb. 2, 2017

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23 Exhibit W: Q&A for Border Patrol on Executive Order 13769, dated Feb. 2, 2017

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24 Exhibit X: Joint Declaration in Washington v. Trump by M. Albright et al., dated

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25 Exhibit Y: H.R. Rep. No. 89-745 (1965)

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26 Exhibit Z: S. Rep. No. 89-748 (1965)

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27 Exhibit AA: President L.B. Johnson's Remarks at Liberty Island on Oct. 3, 1

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28 Exhibit BB: DHS Report on Refugees and Asylees (2005)

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29 Exhibit CC: Final Act of 1951 UN Conference on Status of Refugees, dated July 25

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30 Exhibit DD: DHS Webpage on Refugee Processing and Security Screening, dated Dec.

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31 Exhibit EE: Transcript of Candidate Trump and M. Pence on 60 Minutes, dated July

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Feb. 14, 2017 PACER
14

ORDER re: 8 Motion for Preliminary Injunction; Order granting 2 Motion for Leave to Proceed Anonymously. Signed by District Judge William M. Conley on 2/14/2017. (voc) (Entered: 02/14/2017)

Feb. 14, 2017 RECAP
15

Affidavit of Service by Plaintiff. John F. Kelly served on 2/13/2017, answer due 4/14/2017; Lori Scialabba served on 2/13/2017, answer due 4/14/2017; The Department of Homeland Security served on 2/13/2017, answer due 4/14/2017; The United States of America served on 2/13/2017, answer due 4/14/2017; Rex W. Tillerson served on 2/13/2017, answer due 4/14/2017; Donald J. Trump served on 2/13/2017, answer due 4/14/2017; U.S. Citizenship and Immigration Services served on 2/13/2017, answer due 4/14/2017; U.S. Department of State served on 2/13/2017, answer due 4/14/2017. (Vrabie, Andrei) (Entered: 02/14/2017)

Feb. 14, 2017 PACER
16

Affidavit of Service filed by Plaintiff John Doe. (Vrabie, Andrei) Modified on 2/15/2017: Wrong docketing event was selected. (lak) (Entered: 02/14/2017)

Feb. 14, 2017 PACER
17

Notice of Appearance filed by Lester A. Pines for Plaintiff John Doe. (Pines, Lester) (Entered: 02/15/2017)

Feb. 15, 2017 PACER
18

Notice of Appearance filed by Tamara Beth Packard for Plaintiff John Doe. (Packard, Tamara) (Entered: 02/15/2017)

Feb. 15, 2017 PACER
19

Notice of Appearance filed by Yamileth G. Davila for Defendants John F. Kelly, Lori Scialabba, The Department of Homeland Security, The United States of America, Rex W. Tillerson, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of State. (Davila, Yamileth) Modified on 2/16/2017. (lak) (Entered: 02/15/2017)

Feb. 15, 2017 PACER
20

Affidavit of Service. (Vrabie, Andrei) Modified on 2/16/2017. (lak) (Entered: 02/15/2017)

Feb. 15, 2017 PACER
21

Affidavit of Service. (Vrabie, Andrei) Modified on 2/16/2017. (lak) (Entered: 02/15/2017)

Feb. 15, 2017 PACER
22

Notice of Appearance filed by Magdalene Alison TenBruggencate for Plaintiff John Doe. (TenBruggencate, Magdalene) (Entered: 02/16/2017)

Feb. 16, 2017 PACER

Set Deadlines/Hearings

Feb. 17, 2017 PACER

Telephone Conference

Feb. 17, 2017 PACER
23

Response re: 14 Order on Preliminary Injunction by Defendants John F. Kelly, Lori Scialabba, The Department of Homeland Security, The United States of America, Rex W. Tillerson, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of State, (Attachments: # 1 Exhibit 1 - Nationwide Injunction on Executive Order) (Davila, Yamileth) Modified on 2/17/2017: Added exhibit description. E-mail to counsel. (lak) (Entered: 02/17/2017)

1 Exhibit 1 - Nationwide Injunction on Executive Order

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Feb. 17, 2017 RECAP
24

Disregard. See 26 . Modified on 2/20/2017. (lak) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
25

ORDER denying as moot 8 Motion for Preliminary Injunction and setting a telephonic status conference for March 22, 2017 at 3:00 PM. Signed by District Judge William M. Conley on 2/17/2017. (jls) (Entered: 02/17/2017)

Feb. 17, 2017 RECAP
26

Notice of Appearance filed by Sarah Michelle Sternlieb for Plaintiff John Doe. (Sternlieb, Sarah) Modified on 2/20/2017. (lak) (Entered: 02/17/2017)

Feb. 17, 2017 PACER

Set Pretrial or Status Conference

March 10, 2017 PACER
27

AMENDED COMPLAINT against All Defendants, filed by John Doe. (Vrabie, Andrei) Modified on 3/10/2017. (lak) (Entered: 03/10/2017)

March 10, 2017 RECAP
28

Notice by Plaintiff John Doe for Temporary Restraining Order and Preliminary Injunction. (Vrabie, Andrei) (Entered: 03/10/2017)

March 10, 2017 RECAP
29

Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiff John Doe. (Vrabie, Andrei) Modified on 3/13/2017 (voc). (Entered: 03/10/2017)

March 10, 2017 RECAP
30

Brief in Support of 29 Motion for TRO and Preliminary Injunction by Plaintiff John Doe. (Vrabie, Andrei) (Entered: 03/10/2017)

March 10, 2017 RECAP
31

Proposed Findings of Fact filed by Plaintiff John Doe re: 29 Motion for TRO and Preliminary Injunction. (Vrabie, Andrei) (Entered: 03/10/2017)

March 10, 2017 RECAP
32

Unsigned Second Declaration of Andrew B. Breidenbach filed by Plaintiff John Doe re: 29 Motion for TRO, (Attachments: # 1 Exhibit FF - Revised Executive Order, dated March 6, 2017 (Pages 17 - 23 are blank.), # 2 Exhibit GG - Tweet by President Trump, dated January 30, 2017, # 3 Exhibit HH - CNN Politics article by K. Liptak, dated February 9, 2017, # 4 Exhibit II - Salon article by T. Link, dated February 22, 2017 (Pages 9 - 11 are blank.), # 5 Exhibit JJ - DHS Memo, titled "Citizenship Likely an Unreliable Indicator of Terrorist Threat to the United States", # 6 Exhibit KK - DHS Intelligence Assessment, dated March 2017, # 7 Exhibit LL - CNN Politics article by L. Jarrett, A. de Vogue, and J. Diamond, dated March 1, 2017, # 8 Exhibit MM - Washington Post article by G. Sargent, dated March 3, 2017, # 9 Exhibit NN - Washington Post article by P. Rucker, R. Costa and A. Parker, dated March 5, 2017, # 10 Exhibit OO - Vox article by M. Yglesias, dated March 6, 2017, # 11 Exhibit PP - Politico article by E. Schor and K. Cheney, dated March 6, 2017, # 12 Exhibit QQ - Slate article by M. Joseph Stern, dated March 6, 2017, # 13 Exhibit RR - DHS Q&A on Revised Executive Order, dated March 6, 2017, # 14 Exhibit SS - DHS Fact Sheet on Revised Executive Order, dated March 6, 2017, # 15 Exhibit TT - Foreign Affairs Manual, Casework for Follow-to-Join Asylees and Refugees, # 16 Exhibit UU - Correspondence with Defendants' Counsel) (Vrabie, Andrei) Modified on 3/13/2017: See 37 for signed declaration. (lak) (Entered: 03/10/2017)

1 Exhibit FF - Revised Executive Order, dated March 6, 2017

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2 Exhibit GG - Tweet by President Trump, dated January 30, 2017

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3 Exhibit HH - CNN Politics article by K. Liptak, dated February 9, 2017

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4 Exhibit II - Salon article by T. Link, dated February 22, 2017

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5 Exhibit JJ - DHS Memo, titled "Citizenship Likely an Unreliable Indicator o

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6 Exhibit KK - DHS Intelligence Assessment, dated March 2017

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7 Exhibit LL - CNN Politics article by L. Jarrett, A. de Vogue, and J. Diamond,

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8 Exhibit MM - Washington Post article by G. Sargent, dated March 3, 2017

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9 Exhibit NN - Washington Post article by P. Rucker, R. Costa and A. Parker, dated

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10 Exhibit OO - Vox article by M. Yglesias, dated March 6, 2017

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11 Exhibit PP - Politico article by E. Schor and K. Cheney, dated March 6, 2017

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12 Exhibit QQ - Slate article by M. Joseph Stern, dated March 6, 2017

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13 Exhibit RR - DHS Q&A on Revised Executive Order, dated March 6, 2017

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14 Exhibit SS - DHS Fact Sheet on Revised Executive Order, dated March 6, 2017

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15 Exhibit TT - Foreign Affairs Manual, Casework for Follow-to-Join Asylees and

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16 Exhibit UU - Correspondence with Defendants' Counsel

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March 10, 2017 RECAP
33

Declaration of John Doe filed by Plaintiff John Doe re: 29 Motion for TRO (Vrabie, Andrei) (Entered: 03/10/2017)

March 10, 2017 RECAP
34

ORDER granting motion for temporary restraining order and reserving on motion for preliminary injunction. (Dkt. # 29 .) Defendants' response to plaintiff's motion is due by March 16, 2017. Plaintiff's reply is due by noon on March 20, 2017. The court will hold an in person hearing on March 21, 2017, at 3:00 p.m. Signed by District Judge William M. Conley on 3/10/2017. (bgw) Modified on 3/13/2017 (voc). (Entered: 03/10/2017)

March 10, 2017 RECAP
35

Motion to Seal by Plaintiff John Doe. Motions referred to Magistrate Judge Stephen L. Crocker. (Vrabie, Andrei) (Entered: 03/10/2017)

March 10, 2017 RECAP

Set Motion and R&R Deadlines/Hearings

March 13, 2017 PACER
36

** TEXT ONLY ORDER **ORDER granting 35 Motion to Seal. Signed by Magistrate Judge Stephen L. Crocker on 3/13/2017. (voc) (Entered: 03/13/2017)

March 13, 2017 PACER
37

Second Declaration of Andrew B. Breidenbach filed by Plaintiff John Doe re: 29 Motion for TRO. (Vrabie, Andrei) (Entered: 03/13/2017)

March 13, 2017 RECAP
38

Second Declaration of John Doe filed by Plaintiff John Doe re: 29 Motion for TRO, (Sealed Document) (Attachments: # 1 Exhibit A: Documentation Memorializing Initial Asylum Interview with U.S. Border Officials, dated March 24, 2014, # 2 Exhibit B: Hearing Asylum Interview with USCIS Asylum Officer, dated March 25, 2014, # 3 Exhibit C: USCIS Determination of Basis for Asylum, dated March 27, 2014, # 4 Exhibit D: Initial Application for Asylum and Withdrawal for Removal, filed April 16, 2014, # 5 Exhibit E: Denial for Request for Expedited Processing of Application for Asylum, issued March 12, 2015, # 6 Exhibit F: Excerpts of Application for Humanitarian Parole, dated Aug. 11, 2015, # 7 Exhibit G: Amended Application for Asylum and Withholding for Removal, filed Oct. 6, 2015, # 8 Exhibit H: U.S. Immigration Court Ruling, dated May 27, 2016, # 9 Exhibit I: Refugee/Asylee Relative Petition, dated July 5, 2016) (Vrabie, Andrei) (Entered: 03/13/2017)

March 13, 2017 PACER
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Redaction to 38 Second Declaration of John Doe filed by Plaintiff John Doe, (Attachments: # 1 Exhibit A: Documentation Memorializing Initial Asylum Interview with U.S. Border Officials, dated March 24, 2014, # 2 Exhibit B: Hearing Asylum Interview with USCIS Asylum Officer, dated March 25, 2014, # 3 Exhibit C: USCIS Determination of Basis for Asylum, dated March 27, 2014, # 4 Exhibit D: Initial Application for Asylum and Withdrawal for Removal, filed April 16, 2014, # 5 Exhibit E: Denial for Request for Expedited Processing of Application for Asylum, issued March 12, 2015, # 6 Exhibit F: Excerpts of Application for Humanitarian Parole, dated Aug. 11, 2015, # 7 Exhibit G: Amended Application for Asylum and Withholding for Removal, filed Oct. 6, 2015, # 8 Exhibit H: U.S. Immigration Court Ruling, dated May 27, 2016, # 9 Exhibit I: Refugee/Asylee Relative Petition, dated July 5, 2016) (Vrabie, Andrei) Modified on 3/13/2017: E-mail to counsel regarding filing redacted documents. (lak) (Entered: 03/13/2017)

1 Exhibit A: Documentation Memorializing Initial Asylum Interview with U.S. Border

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2 Exhibit B: Hearing Asylum Interview with USCIS Asylum Officer, dated March 25, 2

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3 Exhibit C: USCIS Determination of Basis for Asylum, dated March 27, 2014

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4 Exhibit D: Initial Application for Asylum and Withdrawal for Removal, filed Apri

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5 Exhibit E: Denial for Request for Expedited Processing of Application for Asylum

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6 Exhibit F: Excerpts of Application for Humanitarian Parole, dated Aug. 11, 2015

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7 Exhibit G: Amended Application for Asylum and Withholding for Removal, filed Oct

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8 Exhibit H: U.S. Immigration Court Ruling, dated May 27, 2016

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9 Exhibit I: Refugee/Asylee Relative Petition, dated July 5, 2016

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March 13, 2017 RECAP
40

Brief in Opposition by Defendants John F. Kelly, Lori Scialabba, The Department of Homeland Security, The United States of America, Rex W. Tillerson, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of State re: 29 Motion for TRO filed by John Doe, (Attachments: # 1 Exhibit 1 - Memo, # 2 Exhibit 2 - Disregard. See 42 .) (Davila, Yamileth) Modified on 3/17/2017. (lak) (Entered: 03/16/2017)

1 Exhibit 1 - Memo

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2 Exhibit 2 - Disregard. See 42.

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March 16, 2017 PACER
41

Disregard. Was linked to the brief instead of the pending motion. See 42 . Modified on 3/17/2017. (lak) (Entered: 03/17/2017)

March 17, 2017 PACER
42

Declaration of USCIS Officer Roman Ginzburg filed by Defendants John F. Kelly, Lori Scialabba, The Department of Homeland Security, The United States of America, Rex W. Tillerson, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of State re: 29 Motion for TRO. (lak) (Entered: 03/17/2017)

March 17, 2017 PACER
43

Notice of Appearance filed by Gisela Westwater for Defendants John F. Kelly, Lori Scialabba, The Department of Homeland Security, The United States of America, Rex W. Tillerson, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of State. (Westwater, Gisela) (Entered: 03/17/2017)

March 17, 2017 PACER
44

Joint Motion to Reschedule Hearing on Plaintiff's Pending Preliminary Injunction Motion and Preserve the Current TRO by Plaintiff John Doe. (Vrabie, Andrei) Modified on 3/19/2017: Corrected docketing event, etc. (lak) (Entered: 03/17/2017)

March 17, 2017 PACER

Set Motion and R&R Deadlines/Hearings

March 20, 2017 PACER

Set P/I or TRO Motion Deadlines/Hearings

March 20, 2017 PACER
45

** TEXT ONLY ORDER ** The 44 Joint Motion to Reschedule Hearing on Plaintiff's Pending Preliminary Injunction Motion and Preserve the Current TRO is GRANTED. Shortly, the court will reschedule the hearing for sometime the week of April 10th. Signed by District Judge William M. Conley on 3/20/2017. (jls) Modified on 3/20/2017 (voc). (Entered: 03/20/2017)

March 20, 2017 PACER
46

Motion for Leave to File Amicus Curiae Brief by Professor Victor Williams. (Attachments: # 1 Brief Raising Political Nonjusticiability Amicus Curiae # 2 Cover Letter) (voc). (Entered: 03/20/2017)

1 Brief

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2 Cover Letter

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March 20, 2017 PACER
47

Transcript of Digital Recording of Telephonic Motion Hearing, held 3/10/2017 before Judge William M. Conley. Court Reporter: JD. Please review the court policy regarding electronic transcripts: see Electronic Transcript Instructions and Notice of Intent to Request Redaction. (voc) (Entered: 03/24/2017)

March 24, 2017 PACER
48

Second Motion to Reschedule Plaintiff's Pending Preliminary Injunction Motion and Preserve the Current TRO by Plaintiff John Doe. (Vrabie, Andrei) (Entered: 03/24/2017)

March 24, 2017 PACER
49

** TEXT ONLY ORDER ** The parties' second stipulation (dkt. # 48 ) is ACCEPTED. Plaintiffs' reply brief in support of his motion for preliminary injunction is now due April 28, 2017. After receipt of the reply brief, the hearing will be rescheduled to a date that is convenient for the court on or after May 1, 2017. The March 10, 2017, TRO remains in effect through the hearing on the motion. Signed by District Judge William M. Conley on 3/27/2017. (voc) (Entered: 03/27/2017)

March 27, 2017 PACER
50

Unopposed Motion for Leave to File Defendants' Response to Plaintiff's Proposed Statement of Record Facts Out of Time by Defendants John F. Kelly, Lori Scialabba, The Department of Homeland Security, The United States of America, Rex W. Tillerson, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of State, (Attachments: # 1 Exhibit A - Response to Plaintiff's Statement of Facts, # 2 Text of Proposed Order) (Davila, Yamileth) Modified on 3/29/2017. (lak) (Entered: 03/29/2017)

1 Exhibit A - Response to Plaintiff's Statement of Facts

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2 Text of Proposed Order

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March 29, 2017 PACER
51

** TEXT ONLY ORDER **ORDER granting 50 Motion for Leave to File Defendants' Response to Plaintiff's Proposed Statement of Record Facts Out of Time. Signed by Magistrate Judge Stephen L. Crocker on 3/29/2017. (jls) (Entered: 03/29/2017)

March 29, 2017 PACER
52

Notice of Withdrawal of Motion by Plaintiff John Doe re: 29 Motion for Temporary Restraining Order and Preliminary Injunction filed by John Doe. (Vrabie, Andrei) M (Entered: 04/28/2017)

April 28, 2017 PACER
53

Notice of Voluntary Dismissal by Plaintiff John Doe. (Vrabie, Andrei) (Entered: 04/28/2017)

April 28, 2017 PACER

Terminate Case pursuant to Rule 41(a)(1)

May 1, 2017 PACER

State / Territory: Wisconsin

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Feb. 13, 2017

Closing Date: April 28, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff was a Sunni Muslim asylee who, after being fully vetted by U.S. immigration authorities, was granted asylum status because of the torture and religious persecution he had suffered in Syria. The plaintiff filed a derivative application requesting asylum for the his wife and surviving child who remained in Syria at the time litigation initiated in early 2017.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 2017 - 2017

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Impact

Disparate Treatment

Emergency shelter

Family reunification

Terrorism/Post 9-11 issues

Discrimination-basis:

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Constitutional rights

Family Separation

Refugees

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern