Case: Hamama v. Adducci

2:17-cv-11910 | U.S. District Court for the Eastern District of Michigan

Filed Date: June 15, 2017

Case Ongoing

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Case Summary

This case concerns a habeas petition and the due process rights of detained Iraqi Americans facing deportation to Iraq. Petitioners in this class action/habeas petition were Iraqi nationals, including many Chaldean Christians, who had resided in the United States for many years. They had been subject to final orders of removal for years, but the U.S. government permitted them to reside in the community under orders of supervision. After the Trump Administration negotiated with Iraq in early 201…

This case concerns a habeas petition and the due process rights of detained Iraqi Americans facing deportation to Iraq. Petitioners in this class action/habeas petition were Iraqi nationals, including many Chaldean Christians, who had resided in the United States for many years. They had been subject to final orders of removal for years, but the U.S. government permitted them to reside in the community under orders of supervision. After the Trump Administration negotiated with Iraq in early 2017, Iraq agreed to accept some repatriation. The federal government arrested about two hundred individuals starting on June 11, 2017. They faced imminent removal to Iraq.

On June 15, 2017, the petitioners filed this class action habeas petition in response. Represented by the ACLU of Michigan, the ACLU National Immigrant Rights Project, and other counsel, they alleged that their removal into dangerous circumstances in Iraq would violate the Immigration and Nationality Act (“INA”) and the Convention Against Torture (“CAT”), and that removing them without giving them a chance to assert defenses under the INA and CAT would violate the Constitution’s Due Process Clause. The case was filed in the U.S. District Court for the Eastern District of Michigan and assigned to Judge Mark Goldsmith.

The same they filed the habeas petition, the petitioners sought a temporary restraining order (“TRO”) or stay of removal, to ensure that they would not be deported before the court had a chance to adjudicate the case. After a hearing on June 21, 2017, the court granted a 14-day emergency stay of removal pending further consideration of the court’s jurisdiction over the matter. 2017 WL 2684477. 

On June 24, 2017, the petitioners filed a complaint and amended habeas petition. The amended complaint sued two U.S. Immigration and Customs Enforcement (“ICE”) officials and the Secretary of the U.S. Department of Homeland Security (“DHS”). The petitioners sought class certification, declaratory and injunctive relief, and attorneys’ fees and costs. The petitioners (now plaintiffs) also moved to expand the emergency stay to cover a nationwide class of Iraqi nationals facing imminent removal to Iraq. The court granted the motion on June 26, 2017, staying removal of "all Iraqi nationals in the United States with final orders of removal, who have been, or will be, arrested and detained by ICE as a result of Iraq’s recent decision to issue travel documents to facilitate U.S. removal." 2017 WL 2806144. The stay remained in effect for 14 days, until July 10, 2017.

On June 29, 2017, the plaintiffs moved to extend the 14-day stay until resolution of the forthcoming motion for a preliminary injunction. On July 6, 2017, Judge Goldsmith extended the stay until July 24, 2017. The court also ruled on July 11, 2017 that it had jurisdiction over the matter (despite Congressional intent to the contrary) and confirmed that the stay would remain in effect. Judge Goldsmith wrote:

This Court concludes that to enforce the Congressional mandate that district courts lack jurisdiction — despite the compelling context of this case — would expose Petitioners to the substantiated risk of death, torture, or other grave persecution before their legal claims can be tested in a court. That would effectively suspend the writ of habeas corpus, which the Constitution prohibits.

258 F. Supp. 3d 828. 

The plaintiffs moved for a preliminary injunction on July 17, 2017. Current and former U.N. Special Rapporteurs on Torture filed an amicus brief in support of the plaintiffs on July 19, 2017.

On July 24, 2017, the court entered the plaintiffs’ requested preliminary injunction. The injunction stayed the enforcement of final orders of removal “directed to any and all Iraqi nationals in the United States who had final orders of removal on June 24, 2017, and who have been, or will be, detained for removal by ICE.” The court explained that the stay of removal would last for each class member until they completed adjudication of a motion to reopen through the immigration courts. If the class member lost in the immigration courts, the stay would last until the U.S. Courts of Appeals denied an individual stay of removal. The motions to reopen were due, the court said, within 90 days after the government provided each class member with their immigration file. If a class member did not appeal or move to reopen, the stay of removal would expire. 261 F. Supp. 3d 820. On September 22, 2017, the government appealed the preliminary injunction to the U.S. Court of Appeals for the Sixth Circuit.

Meanwhile in the district court, various administrative matters proceeded while the appeal was pending. 

The plaintiffs amended the complaint on October 13, 2017, raising claims that the class's prolonged detention violated the Due Process Clause and the INA. The amended complaint also added the Attorney General of the United States as a defendant. On November 1, 2017, the government moved to dismiss the amended complaint.

On November 7, 2017, the plaintiffs sought a second preliminary injunction concerning the new detention claims, and filed an amended motion for class certification. After a hearing on December 20, 2017, Judge Goldsmith partially granted the plaintiffs’ motions for a preliminary injunction and class certification on January 2, 2018. The court held that any detainee who had spent more than 6 months in detention—nearly all of them—was entitled to release 30 days later, unless an immigration judge found by clear and convincing evidence at a bond hearing that the detainee posed a flight or public safety risk. 285 F. Supp. 3d 997. 

The government appealed on February 28, 2018, and the Sixth Circuit consolidated that second appeal with the prior one. The Sixth Circuit heard oral argument on April 25, 2018.

Meanwhile, the district court decided many minor issues. The court decided that the regulatory process for governmental immigration bond appeals was unlawful because (1) it allowed the government to unilaterally extend prolonged detention, and (2) the process by which the government could obtain a stay of bond release was standardless and deprived the detainee of the opportunity to be heard in a timely manner. 2018 WL 1905074.

On June 13, 2018, the plaintiffs filed an emergency motion. They sought to remedy alleged coercion by the government, which was trying to obtain detainees’ "voluntary" agreements to be deported. On June 20, 2018, the court ordered the government to cease any threatening or coercive communications with class members, provide seven-day notice to class counsel of any consular interviews, and permit and facilitate communication between the class and class counsel. Class counsel argued that the government failed to comply with this order because the government did not notify detainees of their right to communicate with class counsel at a specific staging facility. The plaintiffs also argued that class members suffered mistreatment at the Calhoun County Jail because of their involvement in this case.

On August 22, 2018, Judge Goldsmith held that the court’s June 20 order did not require the government to provide notice of consular interviews at temporary staging facilities. However, the court found the plaintiffs’ claims of mistreatment substantiated. Judge Goldsmith ordered the government to provide class counsel with the names of detainees at the Calhoun County Jail who had faced administrative or disciplinary sanctions. 2018 WL 11361004. 

On September 24, 2018, the court denied the government’s motion to dismiss. Judge Goldsmith also certified the primary class: “All Iraqi nationals in the United States who had final orders of removal at any point between March 1, 2017 and June 24, 2017 and who have been, or will be, detained for removal by U.S. Immigration and Customs Enforcement.” 342 F. Supp. 3d 751.

The plaintiffs moved for a third preliminary injunction on November 1, 2018, arguing that the detainees in the subclass who had been held longer than six months were entitled to immediate release from detention because there was not a significant likelihood of their removal in the reasonably foreseeable future. The plaintiffs argued that Zadvydas v. Davis, 533 U.S. 678 (2001), made prolonged detention unlawful under those circumstances.

Judge Goldsmith entered the third preliminary injunction on November 20, 2018, mandating the release of all detainees who had been held longer than six months under orders of supervision. 349 F. Supp. 3d 665. The court ordered the releases to take place before December 20, 2018. All but a handful of the detainees were released by that date. On January 18, 2019, the government appealed.

Also on December 20, 2018, the Sixth Circuit vacated the district court’s first two preliminary injunctions that halted removal and ordered bond hearings. The panel consisted of Circuit Judges Alice M. Batchelder, Jeffrey S. Sutton, and Helene N. White. Writing for the panel, Judge Batchelder held that the district court lacked jurisdiction to enter the preliminary injunctions. First, the district court lacked jurisdiction to enter the injunction about removal because the INA limited the enforcement of removal orders to the executive branch, and shielded them from judicial review. Further, the court held that this did not violate the constitutional clause preventing suspension of habeas corpus, as seeking to not be removed from the country is not a standard habeas claim, and even if it were there were sufficient alternate methods of challenging removal. As to the detention and bond hearings, the court held that the district court did have jurisdiction to hear that issue, but that under the INA district courts lack the jurisdiction to enter classwide injunctions against the statute’s provisions. The Sixth Circuit remanded the case with instructions to dismiss the removal-based claims. Judge White dissented, arguing that protection against removal fell within the scope of habeas, and that the INA doesn’t prevent classwide declaratory judgments or individual injunctions. 912 F.3d 869.

On February 4, 2019, the plaintiffs petitioned for rehearing en banc. They argued that the INA did not strip the court of jurisdiction, and that such a broad reading would create a circuit split and intra-circuit conflict. The Sixth Circuit denied the petition and lifted the stay of removal on April 2, 2019. Judge White dissented from the denial of rehearing. 2019 U.S. App. LEXIS 9708. However, the Sixth Circuit’s vacatur of the bond order did not lead to re-detention because the third preliminary injunction (the release order) still protected those released on bond. 

As the third appeal remained pending, the district court stayed the case on March 12, 2019, pending resolution of that appeal. Judge Goldsmith clarified that the court would continue to supervise compliance with court orders during the stay; the release order thus remained in effect. However, Judge Goldsmith set up a process by which the government could seek to re-detain individuals whom ICE believed were close to removal. The court granted re-detention for several of these individuals. It seemed that Iraq had begun to allow a few removals of class members. In fact, one such class member, Jimmy Aldaoud, died in Iraq shortly after his repatriation there.

On August 30, 2019, the plaintiffs filed a petition for a writ of certiorari with the Supreme Court of the United States. They sought review of the Sixth Circuit’s December 20, 2018 ruling. 2019 WL 4235516. The Supreme Court declined to hear the case on July 2, 2020. 141 S. Ct. 188. 

On January 3, 2020, the Sixth Circuit vacated the district court’s third preliminary injunction and remanded the case for further proceedings. The now-vacated order had required the government to release all primary subclass members after six months in detention. Writing for the panel, Judge Sutton held that the district court lacked jurisdiction to enter this class-wide injunction because the INA stripped all courts other than the Supreme Court of “jurisdiction to enjoin or restrain the operation of 8 U.S.C. §§ 1221–1232 on a class-wide basis.” Judge Sutton declined to extend Zadvydas to this case, as Zadvydas concerned a different INA provision than the provisions at issue here. The Sixth Circuit reasoned that the district court should not have extended the Zadvydas standard beyond the specific provision at issue in that case. Judge White wrote a concurrence that agreed with the decision to vacate the class-wide preliminary injunction based on the precedent of the earlier opinion in this case, but argued that Zadvydas should apply to this case. 946 F.3d 875. The plaintiffs petitioned for rehearing en banc on February 18, 2020, which the Sixth Circuit denied on April 15, 2020.

On February 13, 2020, Judge Goldsmith administratively closed the case pending resolution of the appeals. The court reasoned that the Sixth Circuit had yet to issue an operative ruling, and that such a ruling would eventually impact further proceedings. While the case remained administratively closed for the time being, the district court would continue to supervise and maintain the status quo of the third preliminary injunction until the Sixth Circuit issued a mandate. On April 23, 2020, the Sixth Circuit issued a mandate vacating the third preliminary injunction.

On November 25, 2020, one of the plaintiffs filed a petition for writ of mandamus in the district court, asking to be immediately removed to Iraq after Louisiana detained him on criminal charges. Judge Goldsmith denied the motion on December 23, 2020, holding that the requested relief was so different that it shouldn’t be filed in this case. The plaintiff moved for reconsideration on December 24, 2020. The court declined to reconsider the ruling on January 25, 2021. 2021 WL 243139.

After the election and inauguration of President Joe Biden, Judge Goldsmith scheduled a status conference. On March 3, 2021, the parties jointly requested an adjournment because of DHS’s plans to publish new enforcement guidelines; the court granted the request on March 4, 2021. 

DHS issued new civil immigration enforcement guidelines on September 30, 2021. In light of the new guidelines, the parties entered settlement talks supervised by Magistrate Judge David Grand in November 2021.

Settlement negotiations continued throughout 2022 and 2023, with periodic docket entries noting the parties’ substantial progress. On December 14, 2023, the court directed the defendants to attempt to obtain any final government approvals of settlement terms by January 26, 2024. Settlement talks are ongoing as of April 15, 2024.

Summary Authors

Alexandra Gilewicz (3/14/2019)

Aaron Gurley (3/16/2020)

Rachel Kreager (4/7/2021)

Clearinghouse (9/14/2022)

Sophia Acker (4/15/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6074945/parties/hamama-v-adducci/


Judge(s)
Attorney for Plaintiff

Aukerman, Miriam (Michigan)

Bagenstos, Samuel R. (Michigan)

Attorney for Defendant

Alsterberg, Cara Elizabeth (District of Columbia)

Andrapalliyal, Vinita (District of Columbia)

Expert/Monitor/Master/Other

Aceves, William (California)

show all people

Documents in the Clearinghouse

Document

2:17-cv-11910

Docket [PACER]

March 4, 2021

March 4, 2021

Docket
1

2:17-cv-11910

Habeas Corpus Class Action Petition

June 15, 2017

June 15, 2017

Complaint
11 & 14

2:17-cv-11910

Petitioners' Motion for a Temporary Restraining Order and/or a Stay of Removal, and Brief in Support, with Declarations

June 15, 2017

June 15, 2017

Pleading / Motion / Brief
17

2:17-cv-11910

Respondent's Response in Opposition to Petitioner's Motion for a Temporary Restraining Order and/or a Stay of Removal

June 19, 2017

June 19, 2017

Pleading / Motion / Brief
32

2:17-cv-11910

Opinion and Order Staying Removal of Petitioners Pending Court's Review of Jurisdiction

June 22, 2017

June 22, 2017

Order/Opinion

2017 WL 2017

29

2:17-cv-11910

[Amicus Curiae] Memorandum of the Chaldean Community Foundation in Support of Petitioners' Motion for Habeas Corpus Class Action Petition

June 22, 2017

June 22, 2017

Pleading / Motion / Brief
31

2:17-cv-11910

Hearing Transcript: Petitioners' Motion for Temporary Restraining Order and/or a Stay of Removal

June 22, 2017

June 22, 2017

Transcript
32

2:17-cv-11910

Opinion and Order Staying Removal of Petitioners Pending Court's Review of Jurisdiction

June 22, 2017

June 22, 2017

Order/Opinion

2017 WL 2017

30

2:17-cv-11910

Petitioners' Reply in Support of Motion for a Temporary Restraining Order and/or a Stay of Removal

June 22, 2017

June 22, 2017

Pleading / Motion / Brief
36

2:17-cv-11910

Plaintiffs/Petitioners' Emergency Motion to Expand Order Staying Removal to Protect Nationwide Class of Iraqi Nationals Facing Imminent Removal to Iraq

June 24, 2017

June 24, 2017

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6074945/hamama-v-adducci/

Last updated April 15, 2024, 11:32 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus Class Action filed by All Plaintiffs against Rebecca Adducci, Receipt No: 0645-6269622 - Fee: $ 5. (Scott, Kimberly) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

Clearinghouse
2

NOTICE of Appearance by Kimberly L. Scott on behalf of All Plaintiffs. (Scott, Kimberly) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

RECAP
3

NOTICE of Appearance by Michael J. Steinberg on behalf of All Plaintiffs. (Steinberg, Michael) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

RECAP
4

NOTICE of Appearance by Miriam J. Aukerman on behalf of All Plaintiffs. (Aukerman, Miriam) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

RECAP
5

NOTICE of Appearance by Bonsitu A. Kitaba on behalf of All Plaintiffs. (Kitaba, Bonsitu) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
6

ATTORNEY APPEARANCE: Margo Schlanger appearing on behalf of Ali Al-Dilami, Sami Ismael Al-Issawi, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN (Schlanger, Margo) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

RECAP
7

NOTICE of Appearance by Susan E. Reed on behalf of All Plaintiffs. (Reed, Susan) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

RECAP
8

NOTICE of Appearance by Kary L. Moss on behalf of All Plaintiffs. (Moss, Kary) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

RECAP
9

NOTICE of Appearance by Jennifer L. Newby on behalf of Rebecca Adducci. (Newby, Jennifer) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

RECAP
10

ATTORNEY APPEARANCE: William W. Swor appearing on behalf of Usama J. Hamama APPEARANCE (Swor, William) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
11

MOTION for Temporary Restraining Order and/or Stay of Removal by Ali Al-Dilami, Sami Ismael Al-Issawi, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Abrutyn, Russell, # 3 Exhibit B - Declaration of Youkhana, Nora, # 4 Exhibit C - Declaration of Salman, Ameer, # 5 Exhibit D - Declaration of Valk, Albert, # 6 Exhibit E - Declaration of Nissan, Silvana, # 7 Exhibit F - Declaration of Jajonie-Dama, Eman, # 8 Exhibit G - Declaration of Swor, William, # 9 Exhibit H - Declaration of Barash, Cynthia, # 10 Exhibit I - Declaration of Lattimer, Mark, # 11 Exhibit J - Decisions of BIA, # 12 Exhibit K - Colotl v Kelly, # 13 Exhibit L - Kumar v Gonzales, # 14 Exhibit M - Okoro v Clausen, # 15 Exhibit N - Reid v Hood) (Scott, Kimberly) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

Clearinghouse
12

NOTICE OF HEARING on 11 MOTION for Temporary Restraining Order and/or Stay of Removal. Motion Hearing set for 6/16/2017 at 01:00 PM before District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
13

NOTICE OF HEARING on 11 MOTION for Temporary Restraining Order and/or Stay of Removal. Response due by 6/19/2017, Motion Hearing RESET for 6/21/2017 at 02:00 PM before District Judge Mark A. Goldsmith (Sandusky, K) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

RECAP

Request for Additional Summons

June 16, 2017

June 16, 2017

PACER
14

DECLARATION by Al-Dilaimi Brianna re 11 MOTION for Temporary Restraining Order and/or Stay of Removal filed by Ali Al-Dilami, Sami Ismael Al-Issawi, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN (Scott, Kimberly) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER

REQUEST for SUMMONS for Rebecca Adducci. (Scott, Kimberly)

June 16, 2017

June 16, 2017

PACER
15

SUMMONS Issued for *Rebecca Adducci* (DWor) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER
16

NOTICE of Appearance by Lee E. Gelernt on behalf of All Plaintiffs. (Gelernt, Lee) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

RECAP
17

RESPONSE to 11 MOTION for Temporary Restraining Order and/or Stay of Removal filed by Rebecca Adducci. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Hamama, # 3 Exhibit B - Ali, # 4 Exhibit C - Al-Dilaimi, # 5 Exhibit D - Nissan, # 6 Exhibit E - Asker, # 7 Exhibit F - Barash, # 8 Exhibit G - Al-Issawi) (Newby, Jennifer) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

Clearinghouse
20

MOTION for Leave to File Amicus Curiae Brief by The Chaldean Community Foundation. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Ex 1 Memorandum of The Chaldean Foundation, # 3 Index of Exhibits Index of Exhibits, # 4 Exhibit A-Executive Order 13769, # 5 Exhibit B-Executive Order 13780, # 6 Exhibit C- Reuters Article, # 7 Exhibit D-Washington Post Article) (Levin, Carl) (Entered: 06/20/2017)

1 Index of Exhibits

View on RECAP

2 Exhibit Ex 1 Memorandum of The Chaldean Foundation

View on PACER

3 Index of Exhibits Index of Exhibits

View on PACER

4 Exhibit A-Executive Order 13769

View on PACER

5 Exhibit B-Executive Order 13780

View on PACER

6 Exhibit C- Reuters Article

View on PACER

7 Exhibit D-Washington Post Article

View on PACER

June 20, 2017

June 20, 2017

PACER
18

NOTICE of Appearance by Brandon Johnny Abro on behalf of All Plaintiffs. (Abro, Brandon) Modified on 6/20/2017 (DWor). [APPEARANCE IS FILED BY NORA YOUKHANA] (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
19

NOTICE of Appearance by Brandon Johnny Abro on behalf of All Plaintiffs. (Abro, Brandon) Modified on 6/20/2017 (DWor). [DOCUMENT STATES: APPEARANCE IS FILED BY NADINE YOUSIF BUT SIGNED BY NORA YOUKHANA] (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

RECAP
21

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by The Chaldean Community Foundation (Levin, Carl) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
22

NOTICE of Appearance by Carl M. Levin on behalf of The Chaldean Community Foundation. (Levin, Carl) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
23

ATTORNEY APPEARANCE: Gabriel E. Bedoya appearing on behalf of The Chaldean Community Foundation (Bedoya, Gabriel) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
24

NOTICE of Appearance by Sarah E. Waidelich on behalf of The Chaldean Community Foundation. (Waidelich, Sarah) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
25

MOTION for Leave to File Reply to Motion for Temporary Restraining Order and/or Stay of Removal by Ali Al-Dilami, Sami Ismael Al-Issawi, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN. (Attachments: # 1 Exhibit A Reply to Motion with Exhibits A-D) (Scott, Kimberly) (Entered: 06/20/2017)

1 Exhibit A Reply to Motion with Exhibits A-D

View on PACER

June 20, 2017

June 20, 2017

PACER
26

NOTICE of Appearance by Wendolyn W. Richards on behalf of All Plaintiffs. (Richards, Wendolyn) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER

Motion Hearing

June 21, 2017

June 21, 2017

PACER
27

NOTICE of Appearance by Nora Youkhana on behalf of All Plaintiffs. (Youkhana, Nora) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER

Order on Motion for Leave to File

June 21, 2017

June 21, 2017

PACER
28

NOTICE of Appearance by Nadine Yousif on behalf of All Plaintiffs. (Yousif, Nadine) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

RECAP

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Motion Hearing held on 6/21/2017 re 11 MOTION for Temporary Restraining Order and/or Stay of Removal filed by Sami Ismael Al-Issawi, HABIL NISSAN, Moayad Jalal Barash, Jihan Asker, Atheer F. Ali, Usama J. Hamama, Ali Al-Dilami. Disposition: Motion taken under advisement. (Court Reporter: David Yarbrough) (Sandusky, K)

June 21, 2017

June 21, 2017

PACER

Bench Order rendered at a hearing held on 6/21/2017 before District Judge Mark A. Goldsmith: The Court grants the Motion for Leave to File (Dkt 20 ) and Motion for Leave to File (Dkt. 25 ). (TEXT-ONLY, NO IMAGE ATTACHED) (Sandusky, K)

June 21, 2017

June 21, 2017

PACER
29

Amicus Curiae BRIEF by The Chaldean Community Foundation (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Executive Order 13769, # 3 Exhibit B-Executive Order 13780, # 4 Exhibit C-6/12/17 Reuters Article, # 5 Exhibit D-3/7/17 Washington Times Article) (Levin, Carl) (Entered: 06/22/2017)

1 Index of Exhibits

View on PACER

2 Exhibit A-Executive Order 13769

View on PACER

3 Exhibit B-Executive Order 13780

View on PACER

4 Exhibit C-6/12/17 Reuters Article

View on PACER

5 Exhibit D-3/7/17 Washington Times Article

View on PACER

June 22, 2017

June 22, 2017

Clearinghouse
30

REPLY to Response re 11 MOTION for Temporary Restraining Order and/or Stay of Removal filed by Ali Al-Dilami, Sami Ismael Al-Issawi, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Declaration of Yousif, Nadine, # 3 Exhibit B Declaration of Reed, Susan, # 4 Exhibit C Declaration of Lattimer, Mark, # 5 Exhibit D Declaration of Heller, Rebecca) (Scott, Kimberly) (Entered: 06/22/2017)

1 Index of Exhibits

View on PACER

2 Exhibit A Declaration of Yousif, Nadine

View on PACER

3 Exhibit B Declaration of Reed, Susan

View on PACER

4 Exhibit C Declaration of Lattimer, Mark

View on PACER

5 Exhibit D Declaration of Heller, Rebecca

View on PACER

June 22, 2017

June 22, 2017

Clearinghouse
31

TRANSCRIPT of Petitioners' Motion for Temporary Restraining Order and/or a Stay of Removal held on 6/21/2017. (Court Reporter/Transcriber: David B. Yarbrough) (Number of Pages: 42) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 7/13/2017. Redacted Transcript Deadline set for 7/24/2017. Release of Transcript Restriction set for 9/20/2017. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Yarbrough, David) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

Clearinghouse
32

OPINION AND ORDER Staying Removal of Petitioners Pending Court's Review of Jurisdiction. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

Clearinghouse
33

STIPULATED ORDER DIRECTING SERVICE. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
34

ORDER REGARDING PUBLIC ACCESS. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

RECAP
35

COMPLAINT and First Amended Habeas Corpus Class Action Petition filed by Moayad Jalal Barash, Ali Al-Dilami, Sami Ismael Al-Issawi, Atheer F. Ali, Usama J. Hamama, HABIL NISSAN, Jihan Asker, Abdulkuder Hashem Al-Shimmary, Qassim Hashem Al-Saedy, Abbas Oda Manshad Al-Sokaini against Rebecca Adducci, Thomas Homan, John F Kelly. Plaintiff requests summons issued. Receipt No: 0645-6283636 - Fee: $ 400. County of 1st Plaintiff: Oakland - County Where Action Arose: Wayne - County of 1st Defendant: USA. [Previously dismissed case: No] [Possible companion case(s): None] (Richards, Wendolyn) (Entered: 06/24/2017)

June 24, 2017

June 24, 2017

Clearinghouse
36

Emergency MOTION to Stay Expand Order Staying Removal to Protect Nationwide Class by Ali Al-Dilami, Sami Ismael Al-Issawi, Qassim Hashem Al-Saedy, Abdulkuder Hashem Al-Shimmary, Abbas Oda Manshad Al-Sokaini, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Ex. A- Declaration of Attorney R. Andrew Free, # 3 Exhibit Ex. B-Declaration of Maria Martinez Sanchez, # 4 Exhibit Ex. C-Declaration of Brenda Sisneros, # 5 Exhibit Ex. D- Declaration of Cheryl Lane, # 6 Exhibit Ex. E- Declaration of Kellita Rivera) (Richards, Wendolyn) (Entered: 06/24/2017)

June 24, 2017

June 24, 2017

Clearinghouse
37

NOTICE OF HEARING on 36 Emergency MOTION to Stay Expand Order Staying Removal to Protect Nationwide Class. Motion Hearing set for 6/26/2017 at 10:30 AM before District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 06/25/2017)

June 25, 2017

June 25, 2017

PACER
38

RESPONSE to 36 Emergency MOTION to Stay Expand Order Staying Removal to Protect Nationwide Class filed by Rebecca Adducci. (Attachments: # 1 Exhibit A - IJ Decisions, # 2 Exhibit B - Declaration of Robert Lynch) (Newby, Jennifer) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

Clearinghouse

Motion Hearing

June 26, 2017

June 26, 2017

PACER
39

SUMMONS Issued for *Rebecca Adducci* (SOso) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
40

SUMMONS Issued for *Rebecca Adducci, Thomas Homan, John F Kelly* (SOso) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
41

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (SOso) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Motion Hearing held on 6/26/2017 re 36 Emergency MOTION to Stay Expand Order Staying Removal to Protect Nationwide Class filed by Sami Ismael Al-Issawi, Qassim Hashem Al-Saedy, Atheer F. Ali, Usama J. Hamama, Abbas Oda Manshad Al-Sokaini, HABIL NISSAN, Jihan Asker, Moayad Jalal Barash, Ali Al-Dilami, Abdulkuder Hashem Al-Shimmary. Disposition: Motion taken under advisement (Court Reporter: David Yarbrough) (Sandusky, K)

June 26, 2017

June 26, 2017

PACER
42

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (SOso) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
43

OPINION & ORDER Granting Petitioners'/ Plaintiffs' Motion to Expand Order Staying Removal to Protect Nationwide Class (Dkt. 36 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

Clearinghouse
44

TRANSCRIPT of Plaintiffs/Petitioners' Emergency Motion to Expand Order Staying Removal to Protect Nationwide Class of Iraqi Nationals Facing Imminent Removal to Iraq held on 6/26/2017. (Court Reporter/Transcriber: David B. Yarbrough) (Number of Pages: 34) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 7/18/2017. Redacted Transcript Deadline set for 7/28/2017. Release of Transcript Restriction set for 9/25/2017. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Yarbrough, David) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
45

CERTIFICATE of Service/Summons Returned Executed. J. Sessions served on June 26, 2017. (Scott, Kimberly) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
46

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of Rebecca Adducci served on 6/26/2017, answer due 8/25/2017; Thomas Homan served on 6/26/2017, answer due 8/25/2017; John F Kelly served on 6/26/2017, answer due 8/25/2017. (Scott, Kimberly) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
47

CERTIFICATE of Service/Summons Returned Executed. R. Adducci served on June 26, 2017. (Scott, Kimberly) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
48

CERTIFICATE of Service/Summons Returned Executed. T. Homan served on June 26, 2017. (Scott, Kimberly) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
49

CERTIFICATE of Service/Summons Returned Executed. J. Kelly served on June 26, 2017. (Scott, Kimberly) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
50

MOTION to Expedite Briefing Schedule for Plaintiffs/Petitioners' Motion for Preliminary Injunction and to Extend Order Staying Removal by Ali Al-Dilami, Sami Ismael Al-Issawi, Qassim Hashem Al-Saedy, Abdulkuder Hashem Al-Shimmary, Abbas Oda Manshad Al-Sokaini, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Scott, Kimberly) (Entered: 06/29/2017)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

View on PACER

June 29, 2017

June 29, 2017

Clearinghouse
51

MOTION to Expedite Discovery of Class Member Information by Ali Al-Dilami, Sami Ismael Al-Issawi, Qassim Hashem Al-Saedy, Abdulkuder Hashem Al-Shimmary, Abbas Oda Manshad Al-Sokaini, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I) (Scott, Kimberly) (Entered: 06/29/2017)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

View on PACER

June 29, 2017

June 29, 2017

Clearinghouse
52

NOTICE of Appearance by Briana Yuh on behalf of All Defendants. (Yuh, Briana) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
53

NOTICE of Appearance by William C. Silvis on behalf of Rebecca Adducci, Thomas Homan, John F Kelly. (Silvis, William) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
54

RESPONSE to 50 MOTION to Expedite Briefing Schedule for Plaintiffs/Petitioners' Motion for Preliminary Injunction and to Extend Order Staying Removal (opposition) filed by Rebecca Adducci, Thomas Homan, John F Kelly. (Yuh, Briana) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

Clearinghouse
55

REPLY to Response re 51 MOTION to Expedite Discovery of Class Member Information, 50 MOTION to Expedite Briefing Schedule for Plaintiffs/Petitioners' Motion for Preliminary Injunction and to Extend Order Staying Removal filed by Ali Al-Dilami, Sami Ismael Al-Issawi, Qassim Hashem Al-Saedy, Abdulkuder Hashem Al-Shimmary, Abbas Oda Manshad Al-Sokaini, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Scott, Kimberly) (Entered: 07/02/2017)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

July 2, 2017

July 2, 2017

Clearinghouse
56

NOTICE OF HEARING on 50 MOTION to Expedite Briefing Schedule for Plaintiffs/Petitioners' Motion for Preliminary Injunction and to Extend Order Staying Removal AND 51 MOTION to Expedite Discovery of Class Member Information. Motion Hearing set for 7/5/2017 11:30 AM before District Judge Mark A. Goldsmith. (MarW) (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
57

NOTICE of Appearance by August E. Flentje on behalf of Rebecca Adducci, Thomas Homan, John F Kelly. (Flentje, August) (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
58

STIPULATION by Rebecca Adducci, Thomas Homan, John F Kelly (Silvis, William) (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Motion Hearing held on 7/5/2017 re 51 MOTION to Expedite Discovery of Class Member Information filed by Sami Ismael Al-Issawi, Qassim Hashem Al-Saedy, Atheer F. Ali, Usama J. Hamama, Abbas Oda Manshad Al-Sokaini, HABIL NISSAN, Jihan Asker, Moayad Jalal Barash, Ali Al-Dilami, Abdulkuder Hashem Al-Shimmary, 50 MOTION to Expedite Briefing Schedule for Plaintiffs/Petitioners' Motion for Preliminary Injunction and to Extend Order Staying Removal filed by Sami Ismael Al-Issawi, Qassim Hashem Al-Saedy, Atheer F. Ali, Usama J. Hamama, Abbas Oda Manshad Al-Sokaini, HABIL NISSAN, Moayad Jalal Barash, Jihan Asker, Abdulkuder Hashem Al-Shimmary, Ali Al-Dilami. Disposition: Motions taken under advisement (Court Reporter: David Yarbrough) (Sandusky, K)

July 5, 2017

July 5, 2017

PACER

Motion Hearing

July 5, 2017

July 5, 2017

PACER
59

TRANSCRIPT of Petitioners/Plaintiffs' Motion for Expedited Briefing Schedule for Plaintiffs/Petitioners' Motion for Preliminary Injunction and to Extend Order Staying Removal held on 7/5/2017. (Court Reporter/Transcriber: David B. Yarbrough) (Number of Pages: 39) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 7/27/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/4/2017. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Yarbrough, David) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

RECAP
60

STATEMENT of Letter in Response to Order Regarding Public Access (ECF #34) by Ali Al-Dilami, Sami Ismael Al-Issawi, Qassim Hashem Al-Saedy, Abdulkuder Hashem Al-Shimmary, Abbas Oda Manshad Al-Sokaini, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN (Attachments: # 1 Exhibit A ECF #01 Proposed Redactions, # 2 Exhibit B ECF #11 Proposed Redactions, # 3 Exhibit C ECF #14 Proposed Redactions, # 4 Exhibit D ECF #35 Proposed Redactions, # 5 Exhibit E ECF #36 Proposed Redactions) (Scott, Kimberly) (Entered: 07/06/2017)

1 Exhibit A ECF #01 Proposed Redactions

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2 Exhibit B ECF #11 Proposed Redactions

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3 Exhibit C ECF #14 Proposed Redactions

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4 Exhibit D ECF #35 Proposed Redactions

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5 Exhibit E ECF #36 Proposed Redactions

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July 6, 2017

July 6, 2017

PACER
61

ORDER Extending Stay of Enforcement of Removal Orders Pending Court's Review of Jurisdiction. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

Clearinghouse
62

ORDER Directing Clerk's Office to Unseal Case and changing the nature of suit. Signed by District Judge Mark A. Goldsmith. (ATee) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
63

REDACTED VERSION of 1 Petition for Writ of Habeas Corpus Class Action by Ali Al-Dilami, Sami Ismael Al-Issawi, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN (Scott, Kimberly) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
64

OPINION & ORDER Regarding Jurisdiction. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

Clearinghouse
65

ORDER Regarding Status Conference ( In-Person Status Conference set for 7/13/2017 at 01:30 PM before District Judge Mark A. Goldsmith). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

RECAP
66

REDACTED VERSION of 11 MOTION for Temporary Restraining Order and/or Stay of Removal by Ali Al-Dilami, Sami Ismael Al-Issawi, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Abrutyn Russell, # 3 Exhibit B - Declaration of Youkhana, Nora, # 4 Exhibit C - Declaration of Salman, Ameer, # 5 Exhibit D - Declaration of Valk, Albert, # 6 Exhibit E - Declaration of Nissan, Silvana, # 7 Exhibit F - Declaration of Jajonie-Dama, Eman, # 8 Exhibit G - Declaration of Swor, William, # 9 Exhibit H - Declaration of Barash, Cynthia, # 10 Exhibit I - Declaration of Lattimer, # 11 Exhibit J - Decisions of BIA., # 12 Exhibit K - Colotl v Kelly, # 13 Exhibit L - Kumar v Gonzales, # 14 Exhibit M - Okoro v Clausen, # 15 Exhibit N - Reid v Hood) (Scott, Kimberly) (Entered: 07/12/2017)

1 Index of Exhibits

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2 Exhibit A - Declaration of Abrutyn Russell

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3 Exhibit B - Declaration of Youkhana, Nora

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4 Exhibit C - Declaration of Salman, Ameer

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5 Exhibit D - Declaration of Valk, Albert

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6 Exhibit E - Declaration of Nissan, Silvana

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7 Exhibit F - Declaration of Jajonie-Dama, Eman

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8 Exhibit G - Declaration of Swor, William

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9 Exhibit H - Declaration of Barash, Cynthia

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10 Exhibit I - Declaration of Lattimer

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11 Exhibit J - Decisions of BIA.

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12 Exhibit K - Colotl v Kelly

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13 Exhibit L - Kumar v Gonzales

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14 Exhibit M - Okoro v Clausen

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15 Exhibit N - Reid v Hood

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July 12, 2017

July 12, 2017

PACER
67

REDACTED VERSION of 14 Declaration, by Ali Al-Dilami, Sami Ismael Al-Issawi, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN (Scott, Kimberly) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
68

REDACTED VERSION of 35 Complaint,,, and First Amended Habeas Corpus Class Action Petition by Ali Al-Dilami, Sami Ismael Al-Issawi, Qassim Hashem Al-Saedy, Abdulkuder Hashem Al-Shimmary, Abbas Oda Manshad Al-Sokaini, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN (Scott, Kimberly) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
69

REDACTED VERSION of 36 Emergency MOTION to Stay Expand Order Staying Removal to Protect Nationwide Class by Ali Al-Dilami, Sami Ismael Al-Issawi, Qassim Hashem Al-Saedy, Abdulkuder Hashem Al-Shimmary, Abbas Oda Manshad Al-Sokaini, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Attorney R. Andrew Free, # 3 Exhibit B - Declaration of Maria Martinez Sanchez, # 4 Exhibit C - Declaration of Brenda Sisneros, # 5 Exhibit D - Declaration of Cheryl Lane, # 6 Exhibit E - Declaration of Kellita Rivera) (Scott, Kimberly) (Entered: 07/12/2017)

1 Index of Exhibits

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2 Exhibit A - Declaration of Attorney R. Andrew Free

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3 Exhibit B - Declaration of Maria Martinez Sanchez

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4 Exhibit C - Declaration of Brenda Sisneros

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5 Exhibit D - Declaration of Cheryl Lane

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6 Exhibit E - Declaration of Kellita Rivera

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July 12, 2017

July 12, 2017

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Status Conference held on 7/13/2017. (Court Reporter: David Yarbrough) (Sandusky, K)

July 13, 2017

July 13, 2017

PACER

Status Conference

July 13, 2017

July 13, 2017

PACER
70

TRANSCRIPT of In-Person Status Conference held on 7/13/2017. (Court Reporter/Transcriber: David B. Yarbrough) (Number of Pages: 61) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 8/3/2017. Redacted Transcript Deadline set for 8/14/2017. Release of Transcript Restriction set for 10/11/2017. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Yarbrough, David) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

RECAP
71

STIPULATED ORDER FOR THE PROTECTION OF CONFIDENTIAL INFORMATION. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
72

ORDER Directing Clerk's Office to Seal Docket # 38 . Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
73

RESPONSE to 11 MOTION for Temporary Restraining Order and/or Stay of Removal filed by Rebecca Adducci, Thomas Homan, John F Kelly. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Declaration of Vernon Liggins (Usama Jamil Hamama), # 3 Exhibit B Declaration of Vernon Liggins (Atheer Fawozi Ali), # 4 Exhibit C Declaration of Kristopher Crowley (Ali Al-Dilaimi), # 5 Exhibit D Declaration of Vernon Liggins (Habil Nissan), # 6 Exhibit E Declaration of Parminderjit Sidhu (Jihan Asker), # 7 Exhibit F Declaration of Parminderjit Sidhu (Moayad Jalal Barash), # 8 Exhibit G Declaration of Parminderjit Sidhu (Sami Ismael Al-Issawi)) (Newby, Jennifer) (Entered: 07/14/2017)

1 Index of Exhibits

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2 Exhibit A Declaration of Vernon Liggins (Usama Jamil Hamama)

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3 Exhibit B Declaration of Vernon Liggins (Atheer Fawozi Ali)

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4 Exhibit C Declaration of Kristopher Crowley (Ali Al-Dilaimi)

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5 Exhibit D Declaration of Vernon Liggins (Habil Nissan)

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6 Exhibit E Declaration of Parminderjit Sidhu (Jihan Asker)

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7 Exhibit F Declaration of Parminderjit Sidhu (Moayad Jalal Barash)

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8 Exhibit G Declaration of Parminderjit Sidhu (Sami Ismael Al-Issawi)

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July 14, 2017

July 14, 2017

PACER
74

RESPONSE to 36 Emergency MOTION to Stay Expand Order Staying Removal to Protect Nationwide Class filed by Rebecca Adducci, Thomas Homan, John F Kelly. (Attachments: # 1 Exhibit A Motion to Expand, # 2 Exhibit B Declaration of Lynch) (Newby, Jennifer) (Entered: 07/14/2017)

1 Exhibit A Motion to Expand

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2 Exhibit B Declaration of Lynch

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July 14, 2017

July 14, 2017

PACER
75

Joint MOTION LEAVE TO EXCEED PAGE LIMIT IN BRIEFS FILED IN THIS CASE by Rebecca Adducci, Ali Al-Dilami, Sami Ismael Al-Issawi, Qassim Hashem Al-Saedy, Abdulkuder Hashem Al-Shimmary, Abbas Oda Manshad Al-Sokaini, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, Thomas Homan, John F Kelly, HABIL NISSAN. (Scott, Kimberly) (Entered: 07/16/2017)

July 16, 2017

July 16, 2017

PACER
76

MOTION for Leave to File Motion for Leave to File Brief of Current and Former U.N. Special Rapporteurs on Torture, as Amici Curiae in Support of Petitioners, Certificate of Service by Current and Former U.N. Special Rapporteurs on Torture. (Attachments: # 1 Exhibit 1) (Lintemuth, Elisa) (Entered: 07/17/2017)

1 Exhibit 1

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July 17, 2017

July 17, 2017

PACER

Text-Only Order

July 17, 2017

July 17, 2017

PACER
77

MOTION for Preliminary Injunction by Ali Al-Dilami, Sami Ismael Al-Issawi, Qassim Hashem Al-Saedy, Abdulkuder Hashem Al-Shimmary, Abbas Oda Manshad Al-Sokaini, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Declaration Abrutyn, Russell, # 3 Exhibit B Declaration Youkhana, Nora, # 4 Exhibit C Declaration Salman, Ameer, # 5 Exhibit D Declaration Valk, Albert, # 6 Exhibit E Declaration Nissan, Silvana, # 7 Exhibit F Declaration Jajonie-Dama, Eman, # 8 Exhibit G Declaration Swor, William, # 9 Exhibit H Declaration Barash, C, # 10 Exhibit I Declaration Lattimer, Mark, # 11 Exhibit J Declaration Yousif, Nadine, # 12 Exhibit K Declaration Reed, Susan, # 13 Exhibit L Declaration Lattimer, Mark, # 14 Exhibit M Declaration Heller, Rebecca, # 15 Exhibit N Declaration Free, Andrew, # 16 Exhibit O Declaration Sanchez, M., # 17 Exhibit P Declaration Sisneros, B., # 18 Exhibit Q Declaration Lane, C., # 19 Exhibit R Declaration Rivera, K., # 20 Exhibit S Declaration Kitaba-Gaviglio, B., # 21 Exhibit T Declaration Peard, W., # 22 Exhibit U Declaration Kaur, R, # 23 Exhibit V Declaration Samona, R., # 24 Exhibit W Declaration Valenzuela, C., # 25 Exhibit X Declaration Markos, C., # 26 Exhibit Y Declaration Realmuto, T., # 27 Exhibit Z Declaration Scholton, H., # 28 Exhibit AA Declaration Abrutyn, R., # 29 Exhibit BB Excerpt of 7132017 Hearing Trans, # 30 Exhibit CC Declaration of Al-Dilaimi, B.) (Scott, Kimberly) (Entered: 07/17/2017)

1 Index of Exhibits

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2 Exhibit A Declaration Abrutyn, Russell

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3 Exhibit B Declaration Youkhana, Nora

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4 Exhibit C Declaration Salman, Ameer

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5 Exhibit D Declaration Valk, Albert

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6 Exhibit E Declaration Nissan, Silvana

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7 Exhibit F Declaration Jajonie-Dama, Eman

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8 Exhibit G Declaration Swor, William

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9 Exhibit H Declaration Barash, C

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10 Exhibit I Declaration Lattimer, Mark

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11 Exhibit J Declaration Yousif, Nadine

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12 Exhibit K Declaration Reed, Susan

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13 Exhibit L Declaration Lattimer, Mark

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14 Exhibit M Declaration Heller, Rebecca

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15 Exhibit N Declaration Free, Andrew

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16 Exhibit O Declaration Sanchez, M.

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17 Exhibit P Declaration Sisneros, B.

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18 Exhibit Q Declaration Lane, C.

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19 Exhibit R Declaration Rivera, K.

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20 Exhibit S Declaration Kitaba-Gaviglio, B.

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21 Exhibit T Declaration Peard, W.

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22 Exhibit U Declaration Kaur, R

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23 Exhibit V Declaration Samona, R.

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24 Exhibit W Declaration Valenzuela, C.

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25 Exhibit X Declaration Markos, C.

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26 Exhibit Y Declaration Realmuto, T.

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27 Exhibit Z Declaration Scholton, H.

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28 Exhibit AA Declaration Abrutyn, R.

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29 Exhibit BB Excerpt of 7132017 Hearing Trans

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30 Exhibit CC Declaration of Al-Dilaimi, B.

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July 17, 2017

July 17, 2017

Clearinghouse

TEXT-ONLY ORDER: The parties' joint motion for leave to exceed page limit in briefs filed in this case (Dkt. 75 ) is granted. Attorney signatures shall be exempt from the page limits set by the Court. SO ORDERED. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)

July 17, 2017

July 17, 2017

PACER
78

NOTICE of Appearance by Michael Celone on behalf of Rebecca Adducci, Thomas Homan, John F Kelly. (Celone, Michael) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
79

STATUS CONFERENCE ORDER ( Response due by 9:00 am on 7/20/2017, Reply due by 8:30 a.m. on 7/21/2017, Motion Hearing set for 7/21/2017 10:30 AM before District Judge Mark A. Goldsmith.) Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER

TEXT-ONLY ORDER: The Motion for Leave to File a Brief of Current and Former U.N. Special Rapporteurs on Torture, as Amici Curiae in Support of Petitioners (Dkt. 76 ) is granted. SO ORDERED. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)

July 18, 2017

July 18, 2017

PACER

Text-Only Order

July 18, 2017

July 18, 2017

PACER
80

Amicus Curiae BRIEF by Current and Former U.N. Special Rapporteurs on Torture (Lintemuth, Elisa) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

Clearinghouse
81

RESPONSE to 77 MOTION for Preliminary Injunction filed by Rebecca Adducci, Thomas Homan, John F Kelly. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P) (Silvis, William) (Entered: 07/20/2017)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Exhibit P

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July 20, 2017

July 20, 2017

Clearinghouse
82

EXHIBIT D, Decl. of Christopher Carusso re 81 Response to Motion, by Rebecca Adducci, Thomas Homan, John F Kelly (Celone, Michael) (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER
83

MOTION to Certify Class by Ali Al-Dilami, Sami Ismael Al-Issawi, Qassim Hashem Al-Saedy, Abdulkuder Hashem Al-Shimmary, Abbas Oda Manshad Al-Sokaini, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Decl.of J. Clinton, # 3 Exhibit B Ablahid v. Adducci, Respondent's Third Supplemental Brief re Answer to Complaint, # 4 Exhibit C Decl.of D. Hanna, # 5 Exhibit D Decl.of E. Amir Bajoka, # 6 Exhibit E Decl. of D. Smith, # 7 Exhibit F Lauber v. Belford High School, # 8 Exhibit G NILI 2011 LLC v. City of Warren, # 9 Exhibit H Dozier v. Haveman, # 10 Exhibit I Excerpts of July 13, 2017 Hearing Transcript) (Scott, Kimberly) (Entered: 07/20/2017)

1 Index of Exhibits

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2 Exhibit A Decl.of J. Clinton

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3 Exhibit B Ablahid v. Adducci, Respondent's Third Supplemental Brief re Answ

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4 Exhibit C Decl.of D. Hanna

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5 Exhibit D Decl.of E. Amir Bajoka

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6 Exhibit E Decl. of D. Smith

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7 Exhibit F Lauber v. Belford High School

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8 Exhibit G NILI 2011 LLC v. City of Warren

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9 Exhibit H Dozier v. Haveman

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10 Exhibit I Excerpts of July 13, 2017 Hearing Transcript

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July 20, 2017

July 20, 2017

Clearinghouse
84

REPLY to Response re 77 MOTION for Preliminary Injunction filed by Ali Al-Dilami, Sami Ismael Al-Issawi, Qassim Hashem Al-Saedy, Abdulkuder Hashem Al-Shimmary, Abbas Oda Manshad Al-Sokaini, Atheer F. Ali, Jihan Asker, Moayad Jalal Barash, Usama J. Hamama, HABIL NISSAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Decl. of J. Clinton, # 3 Exhibit B Ablahid v. Adducci, Respondent's Third Supplemental Brief re Answer to Complaint, # 4 Exhibit C Decl. of D. Hanna, # 5 Exhibit D Decl of E. Amir Bajoka, # 6 Exhibit E Decl. of D. Smith, # 7 Exhibit F Decl. of W. Peard, # 8 Exhibit G Decl. of J. Clinton, # 9 Exhibit H Excerpt of July 13, 2017 Hearing Transcript) (Scott, Kimberly) (Entered: 07/21/2017)

1 Index of Exhibits

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2 Exhibit A Decl. of J. Clinton

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3 Exhibit B Ablahid v. Adducci, Respondent's Third Supplemental Brief re Answ

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4 Exhibit C Decl. of D. Hanna

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5 Exhibit D Decl of E. Amir Bajoka

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6 Exhibit E Decl. of D. Smith

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7 Exhibit F Decl. of W. Peard

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8 Exhibit G Decl. of J. Clinton

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9 Exhibit H Excerpt of July 13, 2017 Hearing Transcript

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July 21, 2017

July 21, 2017

Clearinghouse

Case Details

State / Territory: Michigan

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: June 15, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Iraqi nationals in the United States who had final orders of removal at any point between March 1, 2017 and June 24, 2017 and who have been, or will be, detained for removal by U.S. Immigration and Customs Enforcement.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU of Michigan

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Justice (- United States (national) -), Federal

U.S. Immigration and Customs Enforcement (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Mandamus, 28 U.S.C. § 1361

All Writs Act, 28 U.S.C. § 1651

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Reporting

Order Duration: 2017 - 2020

Issues

General/Misc.:

Access to lawyers or judicial system

Fines/Fees/Bail/Bond

International law

Terrorism/Post 9-11 issues

Affected National Origin/Ethnicity(s):

Arab/Afgani/Middle Eastern

Immigration/Border:

Constitutional rights

Convention against Torture

Deportation - judicial review

Deportation - procedure

ICE/DHS/INS raid

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Placement in detention facilities