Case: Wagafe v. U.S. Citizenship and Immigration Services

2:17-cv-00094 | U.S. District Court for the Western District of Washington

Filed Date: Jan. 23, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit challenges President Trump's January 27, 2017 Executive Order (EO) suspending entry into the United States of citizens or nationals of Syria, Iraq, Iran, Yemen, Somalia, Sudan, and Libya. This case also challenges the government's Controlled Application Review and Resolution Program (CARRP), alleging it was a precursor to the EO's "extreme vetting" of Muslims, and chronicled the government's attempts to resist disclosure of documents about this program. The original complaint was f…

This lawsuit challenges President Trump's January 27, 2017 Executive Order (EO) suspending entry into the United States of citizens or nationals of Syria, Iraq, Iran, Yemen, Somalia, Sudan, and Libya. This case also challenges the government's Controlled Application Review and Resolution Program (CARRP), alleging it was a precursor to the EO's "extreme vetting" of Muslims, and chronicled the government's attempts to resist disclosure of documents about this program.

The original complaint was filed on January 23, 2017, (four days before the first Travel Ban EO was issued) in the U.S. District Court for the Western District of Washington (in Seattle). On January 26, the court scheduled a status conference for May 2, 2017.

The amended complaint, filed February 1, 2017, alleged that U.S. Citizenship and Immigration Services (USCIS) interpreted the January 27 EO to mandate suspension of adjudication of all pending petitions, applications, or requests from citizens or nationals of the seven banned countries, and that this suspension violated the Administrative Procedure Act (APA), the Immigration and Nationality Act (INA), and the Establishment Clause, Equal Protection, and Due Process. The plaintiffs also alleged that the EO had expanded or would expand USCIS's Controlled Application Review and Resolution Program (CARRP), which they argued imposed extra-statutory rules and criteria on Muslim applicants to delay and deny immigration benefits to which applicants were entitled.

The plaintiffs sought declaratory and injunctive relief. Additionally, the plaintiffs sought class certification for all others affected by the "Muslim ban" and by the "extreme vetting" that the plaintiffs alleged resulted in a suspension of review of applications for naturalization and LPR (Lawful Permanent Residence). The plaintiffs were represented by attorneys from the ACLU, the Northwest Immigrant Rights Project, and private law firms. The case was assigned to District Judge John C. Coughenour.

The plaintiffs were both Muslims. One was a Somali national, refugee, and LPR who had been waiting over three and a half years for adjudication of his naturalization application. The other was an Iranian nonimmigrant visa holder who had been waiting three years for adjudication of his LPR application. The plaintiffs alleged that they met all INA statutory criteria for the successful adjudication of their respective applications, but nevertheless that USCIS had suspended the adjudication of their applications under CARRP or its "extreme vetting" successor program.

The plaintiffs moved for class certification on February 9, 2017. First, the plaintiffs argued that CARRP and the EO were unlawfully delaying or denying the immigration applications of thousands of people nationwide. The plaintiffs then proposed two nationwide classes: one class of naturalization applicants (LPRs applying for citizenship and subject to CARRP or its "extreme vetting" successor program, whose applications had not or would not be adjudicated within six months of filing), and one class of adjustment of status applicants (the same, except for persons applying for LPR status).

The government filed a motion to transfer on March 2, 2017. They noted that USCIS had already granted the first plaintiff's naturalization application on February 22. Because the second plaintiff lived in North Dakota, defendants requested that the case be transferred to the District of North Dakota.

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

On March 21, 2017, plaintiffs responded to the government’s motion to transfer, arguing that the first plaintiff should remain as a proposed class representative because USCIS had delayed his application for so long, despite its recent approval. The plaintiffs also announced that their second amended complaint would add more plaintiffs in the Western District of Washington.

The plaintiffs filed a second amended complaint on April 4, 2017, arguing that EO-2 had essentially the same effect on plaintiffs as the first EO because it targeted almost the same countries and allowed CARRP or a successor "extreme vetting" program to continue. The second amended complaint also listed three additional Muslim plaintiffs from Libya, Iraq, and Pakistan who had all waited over one year for adjudication of their immigration applications.

On April 10, 2017, the plaintiffs moved to amend their February 9 motion for class certification, retaining the same two proposed classes but adding the new plaintiffs as additional class representatives. On April 11, Judge Coughenour dismissed as moot the original class certification motion and replaced it with the amended motion. Judge Coughenour also lifted the stay on defendants' motion to transfer venue and denied the motion. The court noted that, although the first plaintiff had recently been approved for naturalization, additional plaintiffs who resided in the Western District of Washington had just been added to the plaintiffs' amended complaint. Consequently, the government could not argue that there were no longer plaintiffs with viable claims in the District.

The government moved to dismiss on April 18. It argued that, first, no case or controversy existed because the plaintiffs had no interest in adjudication of their applications. Second, it argued that the plaintiffs lacked standing under both the EO and the Naturalization Clause. Third, defendants also alleged that plaintiffs had not stated sufficient facts that the EO or "extreme vetting" caused their application delays or denials. Finally, defendants argued that plaintiffs had not established viable claims that CAARP violated Due Process, INA, or APA (as a substantive agency rule or final agency action).

On June 13, the case was reassigned to District Judge Richard A. Jones. On June 21, District Judge Jones granted the plaintiffs' April 10 class certification motion, and granted in part and denied in part the defendants' April 18 motion to dismiss. District Judge Jones held that there was a case or controversy because the plaintiffs sought both an injunction on adjudication of their applications as well as a declaration that CAARP and any "extreme vetting" successor program was unlawful. Although the district judge dismissed plaintiffs' Due Process claim for the class alleging procedural violations in adjustment of status (because adjustment does not present a protected property interest such as naturalization does), all other claims were allowed to proceed. 2017 WL 2671254.

Judge Jones certified two nationwide classes of plaintiffs: a "naturalization class:"

A national class of all persons currently and in the future (1) who have or will have an application for naturalization pending before USCIS, (2) that is subject to CARRP or a successor "extreme vetting" program, and (3) that has not been or will not be adjudicated by USCIS within six months of having been filed.

And an "adjustment class:"

A national class of all persons currently and in the future (1) who have or will have an application for adjustment of status pending before USCIS, (2) that is subject to CARRP or a successor "extreme vetting" program, and (3) that has not been or will not be adjudicated by USCIS within six months of having been filed.

On July 5, 2017, the government filed a motion for reconsideration of District Judge Jones' June 21 order, arguing that plaintiffs could not show commonality in how CAARP had injured them and that the nationwide class certification and six-month adjudication deadline were erroneous. This was later denied on August 16, 2017. The court explained that the government had failed to identify an error in his order but instead simply had tried to re-argue the same position. 2017 U.S. Dist. LEXIS 130836.

The parties filed a joint status report and discovery plan on July 28, 2017. District Judge Jones scheduled the trial for Sept. 24-28, 2018 and set a discovery and briefing schedule.

From October 2017 through April 2018, the parties engaged in a number of disputes over discovery. This resulted in an order to compel production of documents issued by District Judge Jones on April 11, 2018. In this order, the court criticized the government’s intransigence during the discovery process, writing:

"The Court has repeatedly explained to the Government that orders from the federal bench are mandatory, not voluntary...The executive branch does not stand alone in the federal system; the Government may not usurp the judicial branch and decide for itself when or if it will produce documents."

In response, the government appealed to the Ninth Circuit, seeking vacatur of the district court's production orders, and, on April 20, filed an emergency motion in the district court for a stay of discovery pending appellate review. The Ninth Circuit opened a new docket (18-71171).

District Judge Jones issued an April 24, 2018, order interpreting defendants' emergency motion as in fact a motion to consider the court's April 11 order, which Judge Jones declined. The district court ordered that rather than providing case-by-case determinations to plaintiffs, defendants could provide a sample of them instead to the court by May 1. 2018 WL 1737939. Defendants then asked the Ninth Circuit to stay the emergency petition in the meantime while defendants provided this sample to the district court.

On May 10, 2018, the district court granted the government’s motion for reconsideration of the April 11 order. This allowed the government to produce the class list under an attorney eyes only provision. 2018 WL 2159784. Later, the court granted the parties' stipulated order requesting that the district revise its protective order to permit plaintiffs’ counsels’ administrative and technical staff to also view and access the names, Alien numbers, and application filing dates of unnamed class members.

The parties continued to dispute the scope of discovery and proposed deadlines throughout 2018. A bench trial was scheduled for July 2019, but on January 14, 2019, the court granted the defendants' motion to stay all deadlines in preparation for trial due to the lapse in appropriations funding for the DOJ. On February 14, 2019, the district court ordered the stay of deadlines lifted and for discovery to recommence.

In October 2019, the district court set a bench trial for August 2020. But because of the time-consuming nature of the discovery process, the parties filed a joint motion to temporarily suspend the case schedule in March 2020. The court granted this and struck the August 17, 2020, trial date. Discovery continued through much of 2020. On December 18, 2020, the court set a March 2021 deadline for plaintiffs to file a motion and brief for summary judgment and an April deadline for defendants to file their cross-motion and brief.

Despite President Biden’s revocation of the Travel Ban EOs on Inauguration Day (January 20, 2021), the case continued. The district court reset the summary judgment deadlines on February 25, 2021, with all summary judgment motions and replies due by July 2, 2021. On April 5, 2021, the court substituted President Biden for former President Trump as a defendant. The plaintiffs apparently moved for summary judgment on March 25, 2021, and the government seemed to have filed its cross-motion for summary judgment on May 4, 2021, but this is difficult to confirm, as these filings are sealed. The parties then engaged in a protracted dispute over which filings related to summary judgment should be sealed or classified as “highly sensitive documents.” 

On December 13, 2021, the case was reassigned to Judge Lauren King. On January 31, 2022, in response to the parties filing over a dozen motions to seal or for leave to file “highly sensitive documents” since late March 2021, the court ordered that these motions be struck. Opting not to rule on these motions individually, the court directed the parties to file a joint statement, within sixty days, expressing their respective positions on which documents should be sealed.

On February 11, 2022, the parties filed a stipulation to stay the proceedings. The stipulation proposed a stay until the USCIS completed an internal review of its policies and procedures for identifying and assessing national security risks presented by applications for lawful permanent residence and naturalization. The review began in November 2021 and was scheduled to be completed in early May. The parties, believing that the review would yield new or revised immigration policies and that these policy changes would have a material impact on the legal issues in the case, agreed that staying the proceedings would be in the best interest of the parties and court. As part of the stipulation, the defendants agreed not to issue any denials of class members’ lawful permanent residence or naturalization applications during the stay (unless USCIS would also issue a “Notice to Appear” after the denial). The stipulation included numerous deadlines, including deadlines for reporting defendants’ progress with the review, making settlement demands, responding to settlement demands, concluding settlement negotiations, and submitting a joint status report to the court. Lastly, the parties stated that they would, upon court approval of a pending stipulated motion, file redacted versions of summary judgment-related documents so that these materials would be publicly viewable.

On February 22, 2022, the court granted a modified version of the parties’ stipulation to stay and struck the sixty day deadline for filing the joint statement, mentioned above. It noted that, if necessary, it would set a new deadline for this joint statement after the parties filed the joint status report (stipulated to in the motion to stay), which was scheduled for July 2022. The court struck from the stipulation the paragraph about filing redacted summary judgment materials, explaining that it would not rule on “whether and to what extent the parties may file redacted summary judgment briefs” until it obtained the parties’ joint statement.

Summary Authors

Ava Morgenstern (5/5/2018)

Eva Richardson (1/31/2019)

Lily Sawyer-Kaplan (11/14/2019)

Esteban Woo Kee (8/7/2021)

Evan Gamza (5/21/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4580154/parties/wagafe-v-biden/


Judge(s)

Coughenour, John C. (Washington)

Jones, Richard A. (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Ahmed, Sameer (New York)

Ardalan, Sabrineh (Massachusetts)

Chia, Liga (California)

Chiang, Emily (Washington)

Cho, Michelle (California)

Gelernt, Lee (New York)

Gellert, Nicholas Peter (Washington)

Judge(s)

Coughenour, John C. (Washington)

Jones, Richard A. (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Ahmed, Sameer (New York)

Ardalan, Sabrineh (Massachusetts)

Chia, Liga (California)

Chiang, Emily (Washington)

Cho, Michelle (California)

Gelernt, Lee (New York)

Gellert, Nicholas Peter (Washington)

Handeyside, Hugh (New York)

Hennessey, Laura Kaplan (Washington)

Hogle, Charles (New York)

Hyatt, Heath L (Washington)

Macleod-Ball, Kristin A. (Massachusetts)

Madrid, Glenda Melinda Aldana (Washington)

Midgley, John (Washington)

Pasquarella, Jennifer (California)

Perez, David A. (Washington)

Realmuto, Trina (Massachusetts)

Reddy, Kathryn (Washington)

Schneider, Harry H. Jr. (Washington)

Sepe, Cristina (Washington)

Shamsi, Hina (New York)

Tack-Hooper, Molly (Washington)

Tolchin, Stacy Eva (California)

Whidbee, Paige L (Washington)

Attorneys(s) for Defendant

Belsan, Timothy Michael (District of Columbia)

Bensing, Daniel (District of Columbia)

Bowen, Brigham J. (District of Columbia)

Braga, Victoria Marie (District of Columbia)

Brinkman, Andrew C. (District of Columbia)

Busen, Jesse (District of Columbia)

Carilli, Joseph F. Jr. (District of Columbia)

Davis, Kathryn Celia (District of Columbia)

Dempsey, Christopher W. (District of Columbia)

Donohue, Anne (District of Columbia)

Evans, Walter Manning (District of Columbia)

Flentje, August E. (District of Columbia)

Hayes, Annette L. (Washington)

Hays, Annette L. (Washington)

Hollis, Christopher W. (District of Columbia)

Jentzer, Lyle David (District of Columbia)

Julius, Derek C. (District of Columbia)

Kanter, Ethan B. (District of Columbia)

Kipnis, Brian C (Washington)

Konkoly, Antonia (District of Columbia)

Menkin, Jeffrey Lawrence (District of Columbia)

Moore, Brendan T. (District of Columbia)

Murphy, Lindsay M. (District of Columbia)

Peachey, William Charles (District of Columbia)

Petty, Aaron R. (Illinois)

Readler, Chad Andrew (District of Columbia)

Slack, Michelle R. (District of Columbia)

Stewart, Scott L. (District of Columbia)

Taranto, Leon B. (District of Columbia)

Westwater, Gisela Ann (District of Columbia)

White, Edward S. (District of Columbia)

Other Attorney(s)

Castillo, Sirena P. (California)

Gottlieb, Richard (Illinois)

Harvey, Julia (Massachusetts)

Lee, Melissa R (Washington)

Documents in the Clearinghouse

Document

2:17-cv-00094

Docket [PACER]

Wagafe v. Biden

July 23, 2021

July 23, 2021

Docket
1

2:17-cv-00094

Complaint for Declaratory and Injunctive Relief

Wagafe v. United States Citizenship and Immigration Services

Jan. 23, 2017

Jan. 23, 2017

Complaint
17

2:17-cv-00094

Amended Complaint for Declaratory and Injunctive Relief

Wagafe v. Trump

Feb. 1, 2017

Feb. 1, 2017

Pleading / Motion / Brief

Muslim Ban Unlawfully Targets U.S. Residents Seeking Citizenship and Immigration Status, Civil Rights Groups Sue

Wagafe v. Trump

No Court

Feb. 1, 2017

Feb. 1, 2017

Press Release
26

2:17-cv-00094

Motion for Class Certification

Wagafe v. Trump

Feb. 9, 2017

Feb. 9, 2017

Pleading / Motion / Brief
39

2:17-cv-00094

Defendants' Motion to Transfer Venue

Wagafe v. USCIS

March 2, 2017

March 2, 2017

Pleading / Motion / Brief
40

2:17-cv-00094

Plaintiffs' Opposition to Defendants' Motion to Transfer Venue

Wagafe v. Trump

March 20, 2017

March 20, 2017

Pleading / Motion / Brief
43

2:17-cv-00094

Defendants' Reply in Support of Motion to Transfer Venue

Wagafe v. USCIS

March 23, 2017

March 23, 2017

Pleading / Motion / Brief
47

2:17-cv-00094

Second Amended Complaint for Declaratory and Injunctive Relief

Wagafe v. Trump

April 4, 2017

April 4, 2017

Complaint
49

2:17-cv-00094

First Amended Motion for Class Certification

Wagafe v. Trump

April 10, 2017

April 10, 2017

Pleading / Motion / Brief

Resources

Title Description External URL Date / External URL

Proclamation 10141 of January 20, 2021: Ending Discriminatory Bans on Entry to the United States

President Joseph R. Biden

This Proclamation revoked Executive Order 13780 of March 6, 2017, Proclamation 9645 of September 24, 2017, Proclamation 9723 of April 10, 2018, and Proclamation 9983 of January 31, 2020, all of which… Jan. 20, 2021

Jan. 20, 2021

https://www.federalregister.gov/...

Summary: Wagafe v. Trump, a Preview of ‘Extreme Vetting’ Litigation

Gambhir, Harleen

The Ninth Circuit held on Dec. 22 that President Donald Trump’s latest executive order exceeded both his independent Article II authority and his statutory authority under the Immigration and Nationa… Jan. 3, 2018

Jan. 3, 2018

https://www.lawfareblog.com/...

Wagafe v. Trump: "Extreme Vetting" of Immigration Benefit Applicants

National Immigration Project of the National Lawyers Guild

This lawsuit challenges the Controlled Application Review and Resolution Program (CAARP), a secret and unlawful government vetting program that targets thousands applicants who are Muslim or from cer… June 21, 2017

June 21, 2017

https://www.nationalimmigrationproject.org/...

Wagafe v. Trump

American Civil Liberties Union (ACLU) of Washington

A class action that lawsuit challenges provisions of President Donald Trump’s January 27, 2017 executive order and alleges that the government’s “extreme vetting” of people applying for citizenship a… June 23, 2017

June 23, 2017

https://www.aclu-wa.org/...

Class-Action Lawsuit Challenges Trump Order on Behalf of Tens of Thousands of Immigrants Living in U.S. Legally

American Civil Liberties Union (ACLU)

February 2, 2017

SEATTLE — Civil and immigrant rights groups asked a federal court Wednesday night to lift the unconstitutional ban blocking Muslim immigrants lawfully living in the Unit…
Feb. 2, 2017

Feb. 2, 2017

https://www.aclu.org/...

Presidential Executive Order 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 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: 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/...

Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security

Donald F. McGahn II, Counsel to the President

This memo states that the Executive Order on refugees etc. does not apply to Legal Permanent Residents. Feb. 1, 2017

Feb. 1, 2017

http://www.politico.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4580154/wagafe-v-biden/

Last updated May 28, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Receipt # 0981-4742817), filed by Mehdi Ostadhassan, Abdiqafar Wagafe. (Attachments: # 1 Civil Cover Sheet)(Adams, Matt) (Entered: 01/23/2017)

1 Civil Cover Sheet

View on PACER

Jan. 23, 2017

Jan. 23, 2017

RECAP

U.S. District Judge John C Coughenour added. (ST)

Jan. 24, 2017

Jan. 24, 2017

PACER

NOTICE TO FILER: When opening a new case, the filer is responsible for entering party text exactly as it appears on the complaint. For example, in his official capacity as Secretary of the U.S. Department of Homeland Security should have been entered as party text for John F Kelly instead of being entered in the title field on the case participants screen. If you have questions about party text, please refer to the Attorney's Guide to Opening a Civil Case on the court's website at wawd.uscourts.gov. The docket has now been corrected. Thank you.(ST)

Jan. 24, 2017

Jan. 24, 2017

PACER
2

PRAECIPE TO ISSUE SUMMONS re 1 Complaint by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe (Aldana Madrid, Glenda) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
3

Summons Issued electronically as to defendant(s) Matthew D Emrich, John F Kelly, Daniel M Renaud, Lori Scialaba, United States Citizenship and Immigration Services. (PM) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

RECAP
4

ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (PP) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER
5

MINUTE ENTRY re: STATUS CONFERENCE. The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case; 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc.; 3. The status of discovery and a time schedule for its completion; 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule; 5. An estimate of the number of days needed for trial; 6. Whether the case is jury or non-jury; 7. The date by which the case will be ready for trial; 8. Settlement probabilities; and 9. Whether the parties consent to proceed to trial before an assigned magistrate judge pursuant to 28 U.S.C. 636(c). If counsel's office is outside of the Greater Metropolitan Seattle area, arrangements may be made to participate telephonically in the conference by contacting the Courtroom Deputy Clerk at Paul_Pierson@wawd.uscourts.gov at least TEN (10) days prior to the proceeding. Counsel do NOT need to file a Joint Status Report or Rule 26(f) Report in advance of the Status Conference. Counsel should plan on arriving 10-15 minutes early to check in with the Courtroom Deputy Clerk, as the Court's calendar begins promptly at 9:00 a.m. COUNSEL OR THE PRO SE PARTY WHO FILED THIS MATTER SHALL IMMEDIATELY NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED STATUS CONFERENCE. A Status Conference is set for 5/2/2017 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (PP) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER
6

APPLICATION OF ATTORNEY Trina Realmuto FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe (Fee Paid) Receipt No. 0981-4747078 (Adams, Matt) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER
7

APPLICATION OF ATTORNEY Kristin Macleod-Ball FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe (Fee Paid) Receipt No. 0981-4747088 (Adams, Matt) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER
8

ORDER re 6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Trina Realmuto for Mehdi Ostadhassan and for Abdiqafar Wagafe, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER
9

ORDER re 7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kristin Macleod-Ball for Mehdi Ostadhassan and for Abdiqafar Wagafe, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER
10

APPLICATION OF ATTORNEY Stacy Tolchin FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe (Fee Paid) Receipt No. 0981-4747503 (Adams, Matt) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER
11

ORDER re 10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Stacy Tolchin for Mehdi Ostadhassan and for Abdiqafar Wagafe, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
12

APPLICATION OF ATTORNEY Hina Shamsi FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe (Fee Paid) Receipt No. 0981-4752134 (Chiang, Emily) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
13

ORDER re 12 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Hina Shamsi for Mehdi Ostadhassan and Abdiqafar Wagafe, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
14

APPLICATION OF ATTORNEY Lee Gelernt FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe (Fee Paid) Receipt No. 0981-4752759 (Chiang, Emily) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
15

ORDER re 14 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Lee Gelernt for Mehdi Ostadhassan and Abdiqafar Wagafe, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
16

NOTICE of Appearance by attorney Nicholas Peter Gellert on behalf of Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe. (Gellert, Nicholas) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
17

AMENDED COMPLAINT against defendant(s) All Defendants, filed by Mehdi Ostadhassan, Abdiqafar Wagafe. (Attachments: # 1 Exhibit)(Adams, Matt) (Entered: 02/01/2017)

1 Exhibit

View on PACER

Feb. 1, 2017

Feb. 1, 2017

PACER
18

NOTICE of Appearance by attorney Aaron R Petty on behalf of Defendants Matthew D Emrich, John F. Kelly, Daniel M Renaud, Lori Scialaba, Donald Trump, United States Citizenship and Immigration Services. (Petty, Aaron) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER

Attorneys Harry H Schneider, Jr, David A. Perez, and Kathryn Reddy for plaintiffs Mehdi Ostadhassan and Abdiqafar Wagafe added; per 16 Notice of Appearance. (CDA)

Feb. 2, 2017

Feb. 2, 2017

PACER
19

PRAECIPE TO ISSUE SUMMONS re 17 Amended Complaint by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe (Attachments: # 1 Summons Donald Trump, # 2 Summons John E. Kelly, # 3 Summons Lori Scialabba, # 4 Summons Matthew D. Emrich, # 5 Summons Daniel Renaud, # 6 Summons USCIS)(Gellert, Nicholas) (Entered: 02/02/2017)

1 Summons Donald Trump

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2 Summons John E. Kelly

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3 Summons Lori Scialabba

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4 Summons Matthew D. Emrich

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5 Summons Daniel Renaud

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6 Summons USCIS

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Feb. 2, 2017

Feb. 2, 2017

PACER
20

Summonses electronically issued as to defendant(s) Matthew D Emrich, John Kelly, Daniel M Renaud, Lori Scialabba, Donald Trump, United States Citizenship and Immigration Services. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(CDA) (Entered: 02/03/2017)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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Feb. 3, 2017

Feb. 3, 2017

PACER
21

NOTICE of Appearance by attorney Edward S. White on behalf of Defendants Matthew D Emrich, John Kelly, Daniel M Renaud, Lori Scialabba, Donald Trump, United States Citizenship and Immigration Services. (White, Edward) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
22

NOTICE of Related Case(s) 17-cv-00141, 17-cv-00135, 17-cv-00178, by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe. (Gellert, Nicholas) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
23

APPLICATION OF ATTORNEY Jennifer Pasquarella FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe (Fee Paid) Receipt No. 0981-4760202 (Adams, Matt) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
24

ORDER re 23 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jennifer Pasquarella for Plaintiffs Mehdi Ostadhassan and for Abdiqafar Wagafe, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
25

CERTIFICATE OF SERVICE by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe re 19 Praecipe for a Summons, 20 Summons Issued, 17 Amended Complaint (Gellert, Nicholas) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
26

MOTION to Certify Class, filed by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 3/3/2017, (Perez, David) (Entered: 02/09/2017)

1 Proposed Order

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Feb. 9, 2017

Feb. 9, 2017

PACER
27

DECLARATION of Jennifer Pasquarella filed by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe re 26 MOTION to Certify Class (Attachments: # 1 Exhibit A-G)(Perez, David) (Entered: 02/09/2017)

1 Exhibit A-G

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Feb. 9, 2017

Feb. 9, 2017

PACER
28

DECLARATION of Abdiqafar Wagafe filed by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe re 26 MOTION to Certify Class (Perez, David) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
29

DECLARATION of Mehdi Ostadhassan filed by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe re 26 MOTION to Certify Class (Perez, David) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
30

DECLARATION of Lee Gelernt filed by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe re 26 MOTION to Certify Class (Perez, David) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
31

DECLARATION of Matt Adams filed by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe re 26 MOTION to Certify Class (Perez, David) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
32

DECLARATION of Stacy Tolchin filed by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe re 26 MOTION to Certify Class (Perez, David) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

RECAP
33

DECLARATION of Trina Realmuto filed by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe re 26 MOTION to Certify Class (Perez, David) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

RECAP
34

DECLARATION of Harry H. Schneider, Jr. filed by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe re 26 MOTION to Certify Class (Perez, David) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

RECAP
35

MOTION for Extension of Time to Respond to Plaintiffs' Motion for Class Certification, filed by Defendants Matthew D Emrich, John Kelly, Daniel M Renaud, Lori Scialabba, Donald Trump, United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order) Noting Date 2/24/2017, (White, Edward) (Entered: 02/16/2017)

1 Proposed Order

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Feb. 16, 2017

Feb. 16, 2017

PACER
36

RESPONSE, by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe, to 35 MOTION for Extension of Time to Respond to Plaintiffs' Motion for Class Certification. (Gellert, Nicholas) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
37

REPLY, filed by Defendants Matthew D Emrich, John Kelly, Daniel M Renaud, Lori Scialabba, Donald Trump, United States Citizenship and Immigration Services, TO RESPONSE to 35 MOTION for Extension of Time to Respond to Plaintiffs' Motion for Class Certification (White, Edward) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
38

MINUTE ORDER granting Defendants' 35 Motion for extension of time to response to Plaintiffs' 26 Motion to Certify Class. Response due 4/10/2017. Plaintiffs' 26 Motion to Certify Class is RENOTED to 4/14/2017. Authorized by U.S. District Judge John C Coughenour. (PM) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

RECAP
39

MOTION to Transfer Case, filed by Defendants Matthew D Emrich, John Kelly, Daniel M Renaud, Lori Scialabba, Donald Trump, United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit Naturalization Interview Results, # 2 Exhibit Notice of Naturalization Oath Ceremony, # 3 Exhibit Declaration of Leslie D. Tritten, # 4 Proposed Order) Noting Date 3/24/2017, (Petty, Aaron) (Entered: 03/02/2017)

1 Exhibit Naturalization Interview Results

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2 Exhibit Notice of Naturalization Oath Ceremony

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3 Exhibit Declaration of Leslie D. Tritten

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4 Proposed Order

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March 2, 2017

March 2, 2017

PACER
40

REPLY, filed by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe, TO RESPONSE to 39 MOTION to Transfer Case (Perez, David) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
41

DECLARATION of Jennifer Pasquarella ISO Plaintiffs' Opposition to Defendants' Motion to Transfer Venue filed by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe re 39 MOTION to Transfer Case (Perez, David) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
42

MOTION to Amend Plaintiff's Motion for Leave to File Second Amended Complaint, filed by Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe. (Attachments: # 1 Proposed Order) Noting Date 4/7/2017, (Perez, David) (Entered: 03/22/2017)

1 Proposed Order

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March 22, 2017

March 22, 2017

PACER
43

REPLY, filed by Defendants Matthew D Emrich, John Kelly, Daniel M Renaud, Lori Scialabba, Donald Trump, United States Citizenship and Immigration Services, TO RESPONSE to 39 MOTION to Transfer Case (Petty, Aaron) (Entered: 03/23/2017)

March 23, 2017

March 23, 2017

PACER
44

NOTICE of Appearance by attorney Laura Kaplan Hennessey on behalf of Plaintiffs Mehdi Ostadhassan, Abdiqafar Wagafe. (Hennessey, Laura) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

PACER
45

Stipulated MOTION TO EXTEND DEFENDANTS' TIME TO RESPOND TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND [PROPOSED] ORDER, filed by Defendants Matthew D Emrich, John Kelly, Daniel M Renaud, Lori Scialabba, Donald Trump, United States Citizenship and Immigration Services. Noting Date 3/31/2017, (White, Edward) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
46

MINUTE ORDER granting 45 stipulated motion to extend Defendants' time to respond to Plaintiffs' motion for class certification 26 ; granting Plaintiffs' 42 motion for leave to file a second amended complaint; Amended complaint due within 30 days; staying until further notice Defendants' 39 motion to transfer venue. Authorized by U.S. District Judge John C Coughenour. (PM) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER
47

Second AMENDED COMPLAINT for Declaratory and Injunctive Relief against defendant(s) All Defendants, filed by Mehdi Ostadhassan, Abdiqafar Wagafe. (Attachments: # 1 Exhibit Exhibits A-I)(Perez, David) (Entered: 04/04/2017)

1 Exhibit Exhibits A-I

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April 4, 2017

April 4, 2017

RECAP
48

NOTICE Plaintiffs' Notice of Renoting Motion for Class Certification re 26 MOTION to Certify Class ; filed by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan. (Hennessey, Laura) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
49

Amended MOTION to Certify Class Plaintiffs' First Amended Motion for Class Certification, filed by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 5/19/2017, (Hennessey, Laura) (Entered: 04/10/2017)

1 Proposed Order

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April 10, 2017

April 10, 2017

PACER
50

DECLARATION of Mushtaq Abed Jihad filed by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan re 49 Amended MOTION to Certify Class Plaintiffs' First Amended Motion for Class Certification (Hennessey, Laura) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
51

DECLARATION of Hanin Omar Bengezi filed by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan re 49 Amended MOTION to Certify Class Plaintiffs' First Amended Motion for Class Certification (Hennessey, Laura) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
52

DECLARATION of Sajeel Manzoor filed by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan re 49 Amended MOTION to Certify Class Plaintiffs' First Amended Motion for Class Certification (Hennessey, Laura) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
53

Supplemental DECLARATION of Jennifer Pasquarella filed by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan re 49 Amended MOTION to Certify Class Plaintiffs' First Amended Motion for Class Certification (Hennessey, Laura) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
54

MINUTE ORDER per the filing of Plaintiffs' 48 amended motion to certify class, Plaintiffs' 26 motion to certify class is dismissed as moot. Defendants' response to the amended motion for class certification due 5/10/2017; Plaintiffs' reply due 5/19/2017. The Court lifts the stay of Defendants' 39 motion to transfer case and will issue a decision on that motion by 5/10/2017. Authorized by U.S. District Judge John C Coughenour. (PM) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

RECAP
55

MINUTE ORDER denying Government's 39 motion to transfer venue. Authorized by U.S. District Judge John C Coughenour. (PM) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

RECAP
56

MOTION to Dismiss, filed by Defendants Matthew D Emrich, John Kelly, Daniel M Renaud, Lori Scialabba, Donald Trump, United States Citizenship and Immigration Services. Oral Argument Requested. (Attachments: # 1 Exhibit Exhibit A Scialabba Memo, # 2 Exhibit Exhibit B Tritten Declaration, # 3 Proposed Order Proposed Order) Noting Date 5/12/2017, (Petty, Aaron) (Entered: 04/18/2017)

1 Exhibit Exhibit A Scialabba Memo

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2 Exhibit Exhibit B Tritten Declaration

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3 Proposed Order Proposed Order

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April 18, 2017

April 18, 2017

RECAP
57

NOTICE OF RESCHEDULED STATUS CONFERENCE. The Court, on its own motion and in the interest of judicial economy, hereby orders the Status Conference RESET from 5/2/2017 to 6/27/2017 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour.(PP) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
58

RESPONSE, by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan, Abdiqafar Wagafe, to 56 MOTION to Dismiss . Oral Argument Requested. (Hennessey, Laura) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
59

DECLARATION of Jennifer Pasquarella ISO Plaintiffs' Opposition to Defendants' Motion to Dismiss filed by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan, Abdiqafar Wagafe re 56 MOTION to Dismiss (Hennessey, Laura) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
60

RESPONSE, by Defendants Matthew D Emrich, John Kelly, Daniel M Renaud, Lori Scialabba, Donald Trump, United States Citizenship and Immigration Services, to 49 Amended MOTION to Certify Class Plaintiffs' First Amended Motion for Class Certification. (Attachments: # 1 Exhibit A, Declaration of Leslie Tritten, # 2 Exhibit B, Bengezi I-485 Approval, # 3 Exhibit C, Jihad Form I-652, # 4 Exhibit D, Jihad Form I-445, # 5 Exhibit E, Manzoor naturalization certificate)(White, Edward) (Entered: 05/10/2017)

1 Exhibit A, Declaration of Leslie Tritten

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2 Exhibit B, Bengezi I-485 Approval

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3 Exhibit C, Jihad Form I-652

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4 Exhibit D, Jihad Form I-445

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5 Exhibit E, Manzoor naturalization certificate

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May 10, 2017

May 10, 2017

PACER
61

REPLY, filed by Defendants Matthew D Emrich, John Kelly, Daniel M Renaud, Lori Scialabba, Donald Trump, United States Citizenship and Immigration Services, TO RESPONSE to 56 MOTION to Dismiss (Petty, Aaron) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
62

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Kathryn Reddy for Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan, Abdiqafar Wagafe. (Reddy, Kathryn) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
63

REPLY, filed by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan, Abdiqafar Wagafe, TO RESPONSE to 49 Amended MOTION to Certify Class Plaintiffs' First Amended Motion for Class Certification (Hennessey, Laura) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
64

ORDER REASSIGNING CASE. The Honorable John C. Coughenour, United States District Judge, hereby RECUSES himself from this case. The case is REASSIGNED in rotation to the Honorable Richard A. Jones. Signed by U.S. District Judge John C Coughenour. (PM) Cc to RAJ. (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
65

STANDING ORDER for Civil Cases Assigned to Judge Richard A. Jones. (VE) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
66

NOTICE of Stricken Hearing: As this matter has now been reassigned to Judge Richard A. Jones, STATUS CONFERENCE set for 6/27/2017 at 9:00 AM in STRICKEN. (VE) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
67

NOTICE TO PARTIES: When this case was originally filed as an immigration matter the court docketing system automatically placed a restricted access code on all documents that were filed pursuant to Local Rule 5.2 and Federal Rule of Civil Procedure 5.2. Due to this docketing format when the parties have filed pleadings public access has been restricted to case participants and the public access terminals in the courthouse. The effect of this format has caused nearly all of the pleadings filed to date to effectively be restricted from full public access. The Court does not believe this is warranted or the desire of the named plaintiffs. The Court exercises its discretion in ordering that the documents in this case be made fully accessible to the public, subject to certain redactions protecting Plaintiffs' personal information. If the parties wish for certain documents to remain restricted, then they must file redacted versions of those documents no later than Wednesday, June 21, 2017 at 12:00 p.m. P.S.T. The Court will not automatically restrict future filings in this matter. (VE) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER
68

NOTICE of Filing Redacted Version of Court's Docket No. 53 Pursuant to Court's Notice re 67 Notice-Other,,,, ; filed by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan, Abdiqafar Wagafe. (Attachments: # 1 Redacted Supplmenetal Declaration of Jennifer Pasquerella ISO Plaintiffs' Motion for Class Certification)(Hennessey, Laura) (Entered: 06/21/2017)

1 Redacted Supplmenetal Declaration of Jennifer Pasquerella ISO Plaintiffs'

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June 21, 2017

June 21, 2017

PACER

MINUTE ENTRY at the direction of Judge Jones: The Court hereby orders the Clerk make all the documents in this case, with the exception of dkt 53, available for remote public access. (RS)

June 21, 2017

June 21, 2017

PACER
69

ORDER granting plaintiffs' 49 Motion to Certify Class; granting in part and denying in part defendants' 56 Motion to Dismiss signed by Judge Richard A Jones.(RS) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

RECAP
70

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT. FRCP 26f Conference Deadline is 7/7/2017, Initial Disclosure Deadline is 7/14/2017, Joint Status Report due by 7/21/2017, by Judge Richard A. Jones. (VE) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
71

NOTICE of Appearance by attorney Joseph F. Carilli, Jr on behalf of Defendants Matthew D Emrich, John Kelly, Daniel M Renaud, Lori Scialabba, Donald Trump, United States Citizenship and Immigration Services. (Carilli, Joseph) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
72

STIPULATION AND PROPOSED ORDER to Extend Time to Answer by parties (Carilli, Joseph) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
73

MOTION for Reconsideration re 69 Order on Motion to Certify Class, Order on Motion to Dismiss, filed by Defendants Matthew D Emrich, John Kelly, Daniel M Renaud, Lori Scialabba, Donald Trump, United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit Declaration) Noting Date 7/5/2017, (Petty, Aaron) (Entered: 07/05/2017)

1 Exhibit Declaration

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July 5, 2017

July 5, 2017

PACER

Set Deadlines: The Court will require Plaintiffs to respond to Defendants' 73 MOTION for Reconsideration. Plaintiffs' Responsive Brief due by 7/13/2017, and shall not exceed 10 pages in length. Defendants' Reply Brief due by 7/18/2017, and shall not exceed 5 pages in length. (VE)

July 6, 2017

July 6, 2017

PACER

Noting Date Reset: 73 MOTION for Reconsideration is renoted for 7/18/2017 pursuant to the briefing schedule set by the Court. (VE)

July 6, 2017

July 6, 2017

PACER

Reset Deadline: Pursuant to the parties' 72 STIPULATION to Extend Time to Answer, the Answer deadline shall be extended to 7/12/2017. (VE)

July 6, 2017

July 6, 2017

PACER
74

ANSWER to 47 Amended Complaint by Matthew D Emrich, John Kelly, Daniel M Renaud, Lori Scialabba, Donald Trump, United States Citizenship and Immigration Services.(Petty, Aaron) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
75

RESPONSE, by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan, Abdiqafar Wagafe, to 73 MOTION for Reconsideration re 69 Order on Motion to Certify Class, Order on Motion to Dismiss . (Attachments: # 1 Proposed Order)(Hennessey, Laura) (Entered: 07/13/2017)

1 Proposed Order

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July 13, 2017

July 13, 2017

PACER
76

DECLARATION of Nicholas P. Gellert filed by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan, Abdiqafar Wagafe re 73 MOTION for Reconsideration re 69 Order on Motion to Certify Class, Order on Motion to Dismiss (Hennessey, Laura) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
77

REPLY, filed by Defendants Matthew D Emrich, John Kelly, Daniel M Renaud, Lori Scialabba, Donald Trump, United States Citizenship and Immigration Services, TO RESPONSE to 73 MOTION for Reconsideration re 69 Order on Motion to Certify Class, Order on Motion to Dismiss (Petty, Aaron) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER

Reset Deadline: By agreement of the parties, deadline to submit Joint Status Report is extended to 7/28/2017. (VE)

July 21, 2017

July 21, 2017

PACER
78

JOINT STATUS REPORT signed by all parties estimated Trial Days: 5. (Hennessey, Laura) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
79

ORDER SETTING TRIAL DATE AND RELATED DATES. Length of Trial: 5 days. BENCH TRIAL is set for 9/24/2018 at 9:00 AM before Judge Richard A. Jones. Joinder of Parties due by 10/20/2017, Amended Pleadings due by 3/28/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 3/28/2018, Discovery completed by 5/29/2018, Dispositive motions due by 6/26/2018, Motions in Limine due by 8/27/2018, Pretrial Order due by 9/10/2018, Trial briefs, deposition designations, and trial exhibits to be submitted by 9/17/2018, by Judge Richard A. Jones. (VE) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
80

Stipulated MOTION for Order Pursuant to Federal Rule of Evidence 502(d), filed by Defendants Matthew D Emrich, John Kelly, Daniel M Renaud, Lori Scialabba, Donald Trump, United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order) Noting Date 8/8/2017, (Petty, Aaron) (Entered: 08/08/2017)

1 Proposed Order

View on PACER

Aug. 8, 2017

Aug. 8, 2017

PACER
81

APPLICATION OF ATTORNEY Sameer Ahmed FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan, Abdiqafar Wagafe (Fee Paid) Receipt No. 0981-4973754 (Perez, David) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
82

ORDER re 81 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Sameer Ahmed for Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan,and Abdiqafar Wagafe, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
83

STIPULATED ORDER PURSUANT TO FEDERAL RULE OF EVIDENCE 502(d) signed by Judge Richard A. Jones. (VE) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
84

Stipulated MOTION for Protective Order, filed by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan, Abdiqafar Wagafe. (Attachments: # 1 Proposed Order) Noting Date 8/15/2017, (Hennessey, Laura) (Entered: 08/15/2017)

1 Proposed Order

View on PACER

Aug. 15, 2017

Aug. 15, 2017

PACER
85

ORDER denying Defendants' 73 Motion to Reconsideration Class Certification, signed by Judge Richard A Jones. (SWT) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

RECAP
86

STIUPLATED PROTECTIVE ORDER by Judge Richard A. Jones. (VE) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
87

Stipulated MOTION for Entry of Agreement Regarding Discovery of Electronically Stored Information, filed by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan, Abdiqafar Wagafe. (Attachments: # 1 Proposed Order PROPOSED Order) Noting Date 8/22/2017, (Hennessey, Laura) (Entered: 08/22/2017)

1 Proposed Order PROPOSED Order

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Aug. 22, 2017

Aug. 22, 2017

PACER
88

Agreement Regarding Discovery of Electronically Stored Information and Order, signed by Judge Richard A. Jones. (VE) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
89

NOTICE of Change of Address/Change of Name of Attorney Trina Realmuto. Filed by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan, Abdiqafar Wagafe. (Realmuto, Trina) Modified address and firm association on 9/21/2017 (DS). (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
90

NOTICE of Change of Address/Change of Name of Attorney Kristin Macleod-Ball. Filed by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan, Abdiqafar Wagafe. (Macleod-Ball, Kristin) Modified address and firm association on 9/21/2017 (DS). (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
91

MOTION to Compel Production of Documents, filed by Plaintiffs Hanin Omar Bengezi, Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan, Abdiqafar Wagafe. (Attachments: # 1 Proposed Order) Noting Date 10/13/2017, (Hennessey, Laura) (Entered: 09/28/2017)

1 Proposed Order

View on PACER

Sept. 28, 2017

Sept. 28, 2017

PACER
92

DECLARATION of David Perez in Support of Plaintiffs' Motion to Compel Production of Documents filed by Plaintiffs Mushtaq Abed Jihad, Sajeel Manzoor, Mehdi Ostadhassan, Abdiqafar Wagafe re 91 MOTION to Compel Production of Documents (Hennessey, Laura) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Jan. 23, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plantiffs are a Somali LPR and Iranian nonimmigrant visa holder in the US, both of who have waited over 3 years for adjudication of their immigration status applications, and both of who are Muslim. The Court also certified two nationwide classes of plaintiffs whose naturalization and adjustment of status applications were delayed or denied.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU of Southern California

Northwest Immigrant Rights Project (NWIRP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Citizenship and Immigration Services, Federal

United States, Federal

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

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

Equal Protection

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Treatment

Government Services

Record-keeping

Terrorism/Post 9-11 issues

Wait lists

Discrimination-basis:

National origin discrimination

Religion discrimination

Immigration/Border:

Constitutional rights

Refugees

Status/Classification

U.S. citizenship - acquiring

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern