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

Clearinghouse coding complete

Case Summary

Petitioners in this class action/habeas petition are Iraqi nationals—many, perhaps most, Chaldean Christian—who have resided in the United States for many years. They have 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. In early 2017, political negotiation by the Trump administration with Iraq (related to Iraq's desire to be taken off the Trump Executive Order travel-ban list) led to Iraq’s agreeme…

Petitioners in this class action/habeas petition are Iraqi nationals—many, perhaps most, Chaldean Christian—who have resided in the United States for many years. They have 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. In early 2017, political negotiation by the Trump administration with Iraq (related to Iraq's desire to be taken off the Trump Executive Order travel-ban list) led to Iraq’s agreement to accept at least some repatriations, and so the government arrested about two hundred individuals starting June 11, 2017. They faced imminent removal to Iraq.

On June 15, 2017, the petitioners brought 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 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 their defenses under the INA and CAT would violate the Due Process Clause. The case was filed in the U.S. District Court for the Eastern District of Michigan, and was assigned to Judge Mark Goldsmith.

The same day as they initiated the action, petitioners sought a temporary restraining order or stay of removal, ensuring that they would not be deported before the court had a chance to adjudicate the case. The government filed its opposition, and the motion was heard on June 21, 2017. The next day, the District Court granted a 14-day emergency stay of removal pending fuller consideration and decision on the court's authority over the matter. The stay was set for 14 days preliminarily.

On June 24, 2017, the petitioners filed a complaint and amended habeas petition, along with a motion to expand the June 22nd 14-day Order Staying Removal to cover a nationwide class of Iraqi nationals facing imminent removal to Iraq. On June 26, the Court granted that the motion, 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 (E.D. Mich. 2017). The stay was effective for 14 days, until July 10.

On June 29, 2017, the petitioners/plaintiffs (the petitioners became plaintiffs when they filed the complaint in addition to the habeas petition) filed a motion to extend the 14-day stay of removal until resolution of the preliminary injunction they said they'd file on July 14; they also sought discovery of basic information about the putative class. The government opposed both motions. On July 6, Judge Goldsmith extended the 14 day stay until July 24; on July 22, he ruled that he had jurisdiction, and confirmed that the stay would remain in effect. He 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."
At a subsequent status conference, the Court set a briefing schedule; the petitioners' preliminary relief brief was due July 17, the government's response July 20, and any reply by July 21 in the morning. The court undertook to rule on that motion by July 24.

On July 24, 2017, the District Court granted the petitioners' requested preliminary relief, staying 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. 261 F.Supp.3d 820 (E.D. Mich. 2017). The court explained that the stay of removal would last for each particular class member until he or she completed adjudication of a motion to reopen through the immigration court and the Board of Immigration Appeals, and (if he or she lost in the immigration courts) until the U.S. Court of Appeals denied an individual stay of removal. The motions to reopen are due, the court said, within 90 days of when the government provides each class member with his or her immigration file. (If a class member fails to file a motion to reopen, or fails to appeal, the stay of removal will expire, as well.)

On September 22, 2017, the government appealed to the Sixth Circuit Court of Appeals.

While the appeal on the July preliminary injunction was proceeding, various administrative matters moved forward: immigration files were delivered, etc.

More substantively, the plaintiffs amended the complaint on October 13, 2017, raising claims that the class's prolonged detention violated the Due Process Clause and the Immigration and Nationality Act. On November 1, the government moved to dismiss. On November 7, plaintiffs sought a second preliminary injunction on the new detention claims (and also filed an amended motion for class certification). After a hearing on December 22, Judge Goldsmith ruled in favor of the plaintiffs on January 2, 2018; he 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 that detainee poses a flight risk or public safety risk. 285 F.Supp.3d 997 (E.D. Mich. 2018).

The government appealed, and the Sixth Circuit consolidated that second appeal with the prior one, which had not yet been argued. Consolidated argument was held April 25, 2018.

The matter continued in the district court, with many small issues contested and decided. Among those decisions: The court decided that the regulatory process for governmental immigration bond appeals was unlawful, because it allowed the government to unilaterally extend prolonged detention, and because 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 timely.

On June 13, 2018, the plaintiffs filed an emergency motion, seeking to remedy alleged coercion by the government, which was trying to obtain detainees "voluntary" agreement to be deported. On June 20, 2018, the court issued an order requiring, among other things, seven day notice to class counsel of any consular interviews, that the government permit and facilitate communication between the class and class counsel, and that the government cease any threatening or coercive communications with class members. However, class counsel argued that the government was failing to comply, in part by failing to provide detainees with notice of their right to communicate with class counsel at a specific staging facility. The petitioners also argued that class members were suffering mistreatment at the Calhoun County Jail as a result of their involvement in this case. On August 22, 2018, Judge Goldsmith agreed that the government was not obligated to provide this notice at temporary staging facilities under his previous order, but found the petitioners claims of mistreatment substantiated. He ordered the government to provide class counsel with the names of detainees at the Calhoun County Jail who had faced administrative or disciplinary sanction.

Judge Goldsmith denied the government’s motion to dismiss on September 24, 2018, at the same time granting the petitioners’ motion to certify the primary class. 342 F.Supp.3d 751 (E.D. Mich. 2018).

The petitioners moved for a third preliminary injunction on November 1, 2018, arguing that the subclass of detainees 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. Petitioners argued that under Zadvydas v. Davis, 533 U.S. 678 (2001), in the absence of such a likelihood, prolonged detention was unlawful. On November 20, 2018, Judge Goldsmith granted that injunction, ruling to release all detainees who had been held longer than six months under orders of supervision. 349 F.Supp.3d 665 (E.D. Mich 2018). The releases were to take place no later than 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 issued its decision in the consolidated appeals from the first two preliminary injunctions. 912 F.3d 869 (6th Cir. 2018). Writing for the court, Judge Alice Batchelder vacated the District Court’s preliminary injunctions halting removal and ordering bond hearings. The case was ordered remanded with instructions to dismiss the removal-based claims for lack of jurisdiction. On February 4, 2019, the petitioners filed for en banc rehearing of the decision, arguing that the INA did not strip the court of jurisdiction, and that such a broad reading would create a circuit split as well as intra-circuit conflict. The petition for rehearing delayed the effective date of the Court of Appeals order until it was denied; the order then became effective on April 9, 2019. That meant that as of April 9, 2019, the stay of removal was lifted. However, the vacatur of the bond order did not mean that anyone got redetained, because those released on bond were protected by the third preliminary injunction, the release order.

The third appeal was still pending, and back in District Court, Judge Goldsmith issued an order on March 12, 2019, staying the case pending resolution of that third appeal. Although Judge Goldsmith stayed future substantive proceedings at the district level, he ruled that the court would continue to supervise compliance with non-reversed court orders. So the release order remained in effect. However, Judge Goldsmith set up a process by which the government could seek to redetain individuals whom ICE believed were close to removal; for several of these individuals, the Court granted redetention. It seemed that Iraq had begun to allow a few removals of class members. In fact, one such class member

died in Iraq shortly after his repatriation there.

On August 30, 2019, the plaintiffs/petitioners sought certiorari review of the Sixth Circuit's stay ruling.

On January 3, 2020, the Sixth Circuit issued its decision with regard to the third preliminary injunction, which required the government to release all primary subclass members once the government has detained them for six months. Judge Jeffery Sutton delivered the opinion, in which the court vacated the injunction and remanded for further proceedings. The appeals court held that the district court lacked jurisdiction to enter this class-wide injunction and that it was inappropriate to extend Zadvyas to this setting. Similar to the reasoning in the appeals court's last opinion, the district court lacked jurisdiction because the INA stripped all courts, save for the Supreme Court, of "jurisdiction to enjoin or restrain the operation of 8 U.S.C. §§ 1221–1232." The appeals court reasoned that Zadvyas should not be extended because in that case aliens were detained under one provision while in this case, the government has detained class members under four provisions. Because the provisions in each case differed, the appeals court reasoned that the district court should not have extended the Zadvyas standard onto the different provisions. The plaintiffs filed a motion for reconsideration on February 16, 2020.

On February 16, 2020, Judge Goldsmith issued an order administratively closing the case pending resolution of appellate matters. Judge Goldsmith concluded that administratively closing the case was appropriate because the Sixth Circuit had yet to issue an operative ruling and that such a ruling would eventually impact further proceedings. While the case was 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.

As of March 16, 2020, the first preliminary injunction (the stay of removal) was vacated, but the matter remained pending on a petition for Supreme Court review. Both the second and third preliminary injunctions were vacated and remanded for further proceedings. On July 2, 2020, the Supreme Court denied the the petition for writ of certiorari.

On November 25, 2020, one of the plaintiffs filed a petition for writ of mandamus in the district court, which was denied on December 23. The plaintiff filed a letter on December 24, 2020, which the court treated this letter as a motion for reconsideration of the denial. On January 25, 2021, the court denied to reconsider it because they did not find that there was a palpable defect in the original denial.

On March 3, the parties filed a joint memorandum requesting an adjournment of a status conference in light of the Department of Homeland Security's plans to publish new enforcement guidelines by May 19, 2021. On March 4, the court granted the request.

The case is ongoing.

Summary Authors

Alexandra Gilewicz (3/14/2019)

Aaron Gurley (3/16/2020)

Rachel Kreager (4/7/2021)

People

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


Judge(s)

Batchelder, Alice Moore (Ohio)

Goldsmith, Mark Allan (Michigan)

Grand, David R. (Michigan)

Sutton, Jeffrey S. (Ohio)

White, Helene N. (Michigan)

Attorneys(s) for Plaintiff

Aukerman, Miriam (Michigan)

Bagenstos, Samuel R. (Michigan)

Balakrishnan, Anand V. (New York)

Bechtold, Elisabeth V. (New Mexico)

Doss, Mark (New York)

Judge(s)

Batchelder, Alice Moore (Ohio)

Goldsmith, Mark Allan (Michigan)

Grand, David R. (Michigan)

Sutton, Jeffrey S. (Ohio)

White, Helene N. (Michigan)

Attorneys(s) for Plaintiff

Aukerman, Miriam (Michigan)

Bagenstos, Samuel R. (Michigan)

Balakrishnan, Anand V. (New York)

Bechtold, Elisabeth V. (New Mexico)

Doss, Mark (New York)

Finkbeiner, Lara (New York)

Gelernt, Lee (New York)

Johnson, David Brian (Michigan)

Kitaba, Bonsitu A. (Michigan)

Korobkin, Daniel S. (Michigan)

Love, Kristin Greer (New Mexico)

Moss, Kary L. (Michigan)

Rabinovitz, Judy (New York)

Reed, Susan E. (Michigan)

Richards, Wendolyn Wrosch (Michigan)

Sanchez, Maria Martinez (New Mexico)

Schlanger, Margo J. (Michigan)

Scott, Kimberly L. (Michigan)

Steinberg, Michael J. (Michigan)

Swor, William W. (Michigan)

Wasef, Mark (New York)

Youkhana, Nora (Michigan)

Yousif, Nadine (Michigan)

Attorneys(s) for Defendant

Alsterberg, Cara Elizabeth (District of Columbia)

Andrapalliyal, Vinita (District of Columbia)

Beck, Julie (Michigan)

Celone, Michael Anthony (District of Columbia)

Darrow, Joseph A. (District of Columbia)

Flentje, August E. (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Kisor, Colin A. (District of Columbia)

Lemisch, Daniel L. (Michigan)

Murley, Nicole N. (District of Columbia)

Newby, Jennifer L. (Michigan)

Parascandola, Christina B. (District of Columbia)

Peachey, William Charles (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Silvis, William C. (District of Columbia)

Stewart, Scott Grant (District of Columbia)

Wheaton, Jill M. (Michigan)

Wilson, Sarah S. (District of Columbia)

Yuh, Briana (District of Columbia)

Other Attorney(s)

Aceves, William (California)

Barbaree, Catherine J. (Texas)

Bedoya, Gabriel (Michigan)

Chammas, Nour G (Michigan)

Colson, Marguerite (New York)

Doehring, Amy G. (Illinois)

Dycus, Jamie (New York)

Ghorayeb, Basheer Y. (Texas)

Goddeeris, Andrew (Michigan)

Harper, Keith M. (District of Columbia)

Kritikos, Alexander (Massachusetts)

Levin, Carl M. (Michigan)

Levine, Noah Adam (New York)

Lintemuth, Elisa J. (Michigan)

Nunez, Cynthia M (Michigan)

Rowe, Elizabeth (Illinois)

Sohbatian, Nareeneh (California)

Sproull, Glenn Eric (Michigan)

Steed, Jason P. (Texas)

Waidelich, Sarah E. (Michigan)

Williams, David W (Michigan)

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
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
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
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
32

2:17-cv-11910

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

2017 WL 2684477

June 22, 2017

June 22, 2017

Order/Opinion
32

2:17-cv-11910

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

2017 WL 2684477

June 22, 2017

June 22, 2017

Order/Opinion
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 June 14, 2022, 4:28 p.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
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
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
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

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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

View on PACER

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

View on PACER

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

View on PACER

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

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 Affiliates (any)

ACLU Immigrants' Rights Project

ACLU National (all projects)

ACLU of Michigan

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Immigration and Immigration Enforcement, Federal

U.S. Department of Justice, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Habeas relief

Source of Relief:

Litigation

Order Duration: 2017 - None

Content of Injunction:

Preliminary relief granted

Reporting

Issues

General:

Access to lawyers or judicial system

Fines/Fees/Bail/Bond

Habeas Corpus

International law

Placement in detention facilities

Terrorism/Post 9-11 issues

Immigration/Border:

Constitutional rights

Convention against Torture

Deportation - judicial review

Deportation - procedure

ICE/DHS/INS raid