Civil Rights Litigation Clearinghouse

Case: P.K. v. Tillerson

1:17-cv-01533 | U.S. District Court for the District of Columbia

Filed Date: Aug. 3, 2017

Case Ongoing

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Case Summary

A group of diversity visa lottery winners and their family members filed suit in the US District Court for the District of Columbia on August 3, 2017. Defendants included the US Secretary of State and consular officials. Plaintiffs were represented by the Arab-American Anti-Discrimination Committee, the ACLU, the National Immigration Law Center, and private counsel. Plaintiffs challenged the State Department’s practice of denying immigrant visas to diversity lottery winners from countries affected by President Trump's March 6 Executive Order (EO-2). EO-2 was the second iteration of four 2017 executive orders issued by President Trump that placed restrictions on travelers from numerous majority Muslim countries into the U.S. These orders spurred numerous lawsuits, many of which can be found in this collection. The case was assigned to Judge Tanya S. Chutkan.

The Diversity Visa Program awards visas to nationals from countries that have historically sent low numbers of immigrants to the United States. On March 6, 2017, President Trump issued an executive order that barred entry to nationals from six majority-Muslim countries: Iran, Syria, Libya, Sudan, Somalia, and Yemen. Litigation ensued immediately, and the lower courts initially enjoined the government from implementing the order (see IRAP v. Trump and Hawaii v. Trump). But on June 26, 2017, in IRAP, the Supreme Court stayed the nationwide injunctions and allowed the order to become effective, except as it applied to immigrants who could establish a "bona fide relationship with a person or entity in the United States." 137 S.Ct. 2080.

The plaintiffs were nationals from countries affected by EO-2 who had been selected as diversity visa lottery winners for the 2017 fiscal year (FY2017) but could not establish a bona fide relationship with a person or entity in the United States. By statute, the State Department was required to issue visas to the 2017 winners by September 30; winners whose visas were not issued by that deadline lost their slots in the program. In their complaint, the plaintiffs alleged that "nevertheless, the State Department has adopted a policy directing consular officials to deny diversity visas to nationals from the countries barred from entry by the Executive Order." The complaint presented two main arguments. First, the plaintiffs alleged that the State Department’s practice violated the Administrative Procedure Act (APA) and "statutes and regulations requiring the issuance of immigrant visas to diversity visa lottery winners who are statutorily eligible." Second, the practice allegedly conflated the travel ban’s prohibition on entry to the US for nationals from the targeted countries (originally set to expire in September 2017) with a total ban on the issuance of visas to individuals from these countries including visas issued pursuant to the diversity program. The plaintiffs sought declaratory and injunctive relief as well as a writ of mandamus requiring consular officials to issue plaintiffs' immigrant visas. Alternatively, the plaintiffs requested that the court order the State Department to reserve any unused FY2017 visa numbers for processing following any decision by the Supreme Court in IRAP. The same day that they filed their original complaint, the plaintiffs requested class certification.

On August 18, 2017, the government responded to the plaintiffs' motion for a preliminary injunction (filed the same day as the original complaint). The State Department argued that plaintiffs' claims were precluded by the Supreme Court's stay in IRAP, which allowed the government to implement the EO.

Plaintiffs filed both an amended petition for a writ of mandamus and an amended complaint on September 22, 2017. The amended complaint added eight plaintiffs.

Judge Chutkan issued an order granting in part and denying in part plaintiffs' motion for preliminary injunction and writ of mandamus on September 29, 2017. Judge Chutkan agreed with the government that the Supreme Court's June 26 decision in IRAP precluded the district court from issuing a preliminary injunction. However, the court did grant the plaintiffs' alternative request for relief. Consequently, the court ordered the State Department to report the number of unused visas for FY2017 by October 15, 2017, and to hold those visas for plaintiffs in the event that the Supreme Court struck down EO-2. 302 F. Supp. 3d 1.

The Supreme Court issued another order in IRAP vacating the judgment of the district court in that case because the EO at issue expired on September 24, 2017, and expressed no view on the merits. 38 S.Ct. 353 Subsequently, in this case, the government filed a motion to dismiss on October 20, 2017, arguing that the Supreme Court's decision rendered the case moot. Plaintiffs filed their reply on November 13, 2017, arguing that the case was not moot because the district court could still provide them relief.

The following month, plaintiffs submitted a series of status updates to the court. Following the court's request, plaintiffs submitted a status update on December 4 reporting the number of diversity visas issued in 2017. Defendants responded on December 5 contesting that number. Plaintiffs claimed that the State Department issued a total of 49,067 out of the available 50,000 diversity visas, while the government claimed that 49,976 were actually issued. Additionally, on January 5, 2018, plaintiffs filed another status update arguing that the Ninth Circuit's decision in Hawaii v. Trump supported plaintiffs' claim that the case was not moot.

Judge Chutkan dismissed this case with prejudice on March 27, 2018. He determined plaintiffs' claims were moot because the section of EO-2 at issue had expired. Plaintiffs appealed to the D.C. Circuit Court of Appeals (docket #18-5156) on May 24, 2018.

The D.C. Circuit reversed and remanded the case back to the district court on August 13, 2019. The Court reasoned that the case was not moot because whether the district court retained the authority to award plaintiffs any relief was a merits question. 933 F.3d 774.

Defendants filed another motion to dismiss in the district court on April 13, 2020. The court did not address this motion until January 2021.

Following the Inauguration of President Biden on January 20, 2021, the government filed an unopposed motion to hold the case in abeyance and a notice informing the district court of President Biden’s revocation of the travel ban executive orders on January 27, 2021. The government also informed the district court of President Biden’s proclamation (also issued on inauguration day) that the State Department provide him with a plan to expedite the reconsideration process for visa applications denied as a result of the executive orders at issue in this litigation. As a result of this motion, the district court made three orders on January 28, 2021. First, the district court granted the motion to hold the case in abeyance. Second, the parties were to file joint status reports, with the first to be submitted by April 27, 2021, and subsequent reports every 30 days after. Third, the district court denied without prejudice the government’s April 13, 2020, motion to dismiss.

The parties have filed three status reports to the court including the first which they submitted on April 27, 2021. As of this writing, their most recent status report was submitted on June 28, 2021. In that filing, they reported to be in settlement discussions and to have exchanged drafts for a joint motion for clarification.

This case is ongoing.

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Summary Authors

Jamie Kessler (4/5/2018)

Virginia Weeks (5/25/2018)

Sam Kulhanek (4/18/2020)

Esteban Woo Kee (8/7/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6133800/parties/pk-v-tillerson/

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Griffith, Thomas Beall (District of Columbia)

Tatel, David S. (District of Columbia)

Williams, Stephen Fain (District of Columbia)

Attorneys(s) for Plaintiff

Amdur, Spencer (New York)

Ayoub, Abed A. (District of Columbia)

Bokat-Lindell, Noah (District of Columbia)

Cox, Justin Bryan (Georgia)

Eidelson, Ben (District of Columbia)

Jadwat, Omar C. (New York)

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Griffith, Thomas Beall (District of Columbia)

Tatel, David S. (District of Columbia)

Williams, Stephen Fain (District of Columbia)

Attorneys(s) for Plaintiff

Amdur, Spencer (New York)

Ayoub, Abed A. (District of Columbia)

Bokat-Lindell, Noah (District of Columbia)

Cox, Justin Bryan (Georgia)

Eidelson, Ben (District of Columbia)

Jadwat, Omar C. (New York)

Khalaf, Samer E. (District of Columbia)

Michelman, Scott (District of Columbia)

Minzner, Max J (District of Columbia)

Price, Matthew E. (District of Columbia)

Rondon, Yolanda C. (District of Columbia)

Spitzer, Arthur (District of Columbia)

Sung, Esther (California)

Tumlin, Karen C. (California)

Wofsy, Cody H. (California)

Wolson, Max (District of Columbia)

Attorneys(s) for Defendant

Dorsey, Catherine (District of Columbia)

Peachey, William Charles (District of Columbia)

Platt, Steven (District of Columbia)

Press, Joshua S. (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Reuveni, Erez (District of Columbia)

Westwater, Gisela Ann (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER]	June 28, 2021	Docket
2	Plaintiffs' Motion for Preliminary Injunction and Emergency Motion for Mandamus Relief	Aug. 3, 2017	Pleading / Motion / Brief
1	Petition for Mandamus and Complaint for Injunctive and Declaratory Relief	Aug. 3, 2017	Pleading / Motion / Brief
24	Defendants' Response to Plaintiffs' Request for a Preliminary Injunction and Mandamus Relief	Aug. 18, 2017	Pleading / Motion / Brief
30	Plaintiffs' Supplemental Brief in Support of Request for Preliminary Injunction	Aug. 28, 2017	Pleading / Motion / Brief
46	First Amended Petition for Mandamus and First Amended Complaint for Injunctive and Declaratory Relief	Sept. 22, 2017	Complaint
49	Memorandum Opinion 302 F.Supp.3d 1	Sept. 29, 2017	Order/Opinion
50	Order	Sept. 29, 2017	Order/Opinion
53	Defendants' Motion to Dismiss	Oct. 20, 2017	Pleading / Motion / Brief
54	Memorandum in Opposition to Motion to Dismiss	Nov. 3, 2017	Pleading / Motion / Brief

Resources

Title	Description		External URL
Proclamation 10141 of January 20, 2021: Ending Discriminatory Bans on Entry to the United States President Joseph R. Biden	This Proclamation revoked Executive Order 13780 of March 6, 2017, Proclamation 9645 of September 24, 2017, Proclamation 9723 of April 10, 2018, and Proclamation 9983 of January 31, 2020, all of which…	Jan. 20, 2021	https://www.federalregister.gov/documents/2021/01/25/2021-01749/ending-discriminatory-bans-on-entry-to-the-united-states

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6133800/pk-v-tillerson/

Last updated May 12, 2022

ECF Number	Description	Date	Link
1	PETITION for Writ of Mandamus ( Filing fee $ 400 receipt number 4616086443.) filed by AFSHAN ASADI SORKHAB, N.H., M.K.1, M.K.2, Y.S.2, Y.S.1, P.K., Y.S.3, NEDA HEIDARI DEHKORDI, RADAD FAUIZ FUROOZ, M.K.. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 08/04/2017) 1 Civil Cover Sheet View on PACER	Aug. 3, 2017	RECAP
	Summons Issued as to AUSA	Aug. 3, 2017	PACER
2	MOTION for Preliminary Injunction, MOTION Mandamus Relief by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, RADAD FAUIZ FUROOZ, M.K., M.K.1, M.K.2, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(td) (Entered: 08/04/2017) 1 Memorandum in Support View on RECAP 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER	Aug. 3, 2017	PACER
3	MOTION for Class Certification by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, RADAD FAUIZ FUROOZ, M.K., M.K.1, M.K.2, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit c, # 5 Exhibit D, # 6 Text of Proposed Order, # 7 Certificate of Service)(td) (Entered: 08/04/2017) 1 Memorandum in Support View on RECAP 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit c View on PACER 5 Exhibit D View on PACER 6 Text of Proposed Order View on PACER 7 Certificate of Service View on PACER	Aug. 3, 2017	RECAP
4	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Max Minzner, :Firm- JENNER & BLOCK, :Address- 1099 New York Avenue NW, Suite 900, Washington, DC 20001. Phone No. - (202) 639-6035. Fee Status: Fee Paid receipt number: 4616086442. by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, RADAD FAUIZ FUROOZ, M.K., M.K.1, M.K.2, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3 (td) (Entered: 08/04/2017)	Aug. 3, 2017	PACER
5	MOTION for Order to Proceed Anonymously and file supporting exhibits under seal by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, RADAD FAUIZ FUROOZ, M.K., M.K.1, M.K.2, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3 (Attachments: # 1 Memorandum in Support)(td) (Additional attachment(s) added on 8/4/2017: # 2 Certificate of Service) (ztd). (Entered: 08/04/2017)	Aug. 3, 2017	PACER
6	ORDER granting 5 Motion for Order to Proceed Anonymously and to File Supporting Exhibits Under Seal (td) (Entered: 08/04/2017)	Aug. 3, 2017	PACER
7	SEALED DOCUMENT (Main Document Exhibit A) filed by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, RADAD FAUIZ FUROOZ, M.K., M.K.1, M.K.2, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3. re 6 Order on Motion for Order. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit B)(ztd) (Entered: 08/04/2017)	Aug. 3, 2017	PACER
8	NOTICE OF RELATED CASE. Case related to Case No. 17-537 TSC. (td) (Entered: 08/04/2017)	Aug. 3, 2017	RECAP
	SUMMONS (4) Issued as to REX W. TILLERSON, U.S. Attorney and U.S. Attorney General (td)	Aug. 3, 2017	PACER
9	CERTIFICATE OF SERVICE by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, RADAD FAUIZ FUROOZ, M.K., M.K.1, M.K.2, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3 - Corrected Certificate of Service re 2 3 4 5 . (Price, Matthew) (Entered: 08/04/2017)	Aug. 4, 2017	PACER
10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/4/2017. Answer due for ALL FEDERAL DEFENDANTS by 10/3/2017. (Price, Matthew) (Entered: 08/08/2017)	Aug. 8, 2017	PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Aug. 8, 2017	PACER
	MINUTE ORDER: Granting 4 Motion for Leave to Appear Pro Hac Vice. Max J. Minzner is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiffs. Signed by Judge Tanya S. Chutkan on 8/8/17. (DJS)	Aug. 8, 2017	PACER
11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/07/2017. (Price, Matthew) (Entered: 08/09/2017)	Aug. 9, 2017	PACER
12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. REX W. TILLERSON served on 8/7/2017 (Price, Matthew) (Entered: 08/09/2017)	Aug. 9, 2017	PACER
13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN DOES served on 8/7/2017 (Price, Matthew) (Entered: 08/09/2017)	Aug. 9, 2017	PACER
14	NOTICE of Appearance by Joshua Samuel Press on behalf of All Defendants (Press, Joshua) (Entered: 08/09/2017)	Aug. 9, 2017	PACER
15	NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 08/09/2017)	Aug. 9, 2017	PACER
16	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cody H. Wofsy, :Firm- American Civil Liberties Union Foundation, :Address- 39 Drumm St, San Francisco, CA 94111. Phone No. - (415) 343-0785. Fax No. - (415) 395-0950 Filing fee $ 100, receipt number 0090-5068353. Fee Status: Fee Paid. by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, RADAD FAUIZ FUROOZ, M.K., M.K.1, M.K.2, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3 (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 08/09/2017) 1 Declaration View on PACER 2 Text of Proposed Order View on PACER	Aug. 9, 2017	PACER
17	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Samer Elias Khalaf, :Firm- American-Arab Anit-Discrimination Committee, :Address- 1705 DeSales Street, N. W., Ste 500, Washington, D.C., 20036. Phone No. - 202-244-2990. Filing fee $ 100, receipt number 0090-5068416. Fee Status: Fee Paid. by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, RADAD FAUIZ FUROOZ, M.K., M.K.1, M.K.2, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3 (Price, Matthew) (Entered: 08/09/2017)	Aug. 9, 2017	PACER
	MINUTE ORDER: Granting 16 Motion for Leave to Appear Pro Hac Vice. Cody H. Wofsy is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiffs. Signed by Judge Tanya S. Chutkan on 8/9/17. (DJS)	Aug. 10, 2017	PACER
	MINUTE ORDER: Granting in part and denying in part 17 Motion for Admission Pro Hac Vice. Samer Elias Khalaf may be heard in open court on behalf of Plaintiffs, but may not file papers in this court. See Local Civil Rule 83.2(c)(2) (An attorney who engages in the practice of law from an office located in the District of Columbia must be a member of the District of Columbia Bar AND the Bar of this Court to file papers in this Court.). Signed by Judge Tanya S. Chutkan on 8/10/17. (DJS)	Aug. 10, 2017	PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Aug. 10, 2017	PACER
18	NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) (Entered: 08/10/2017)	Aug. 10, 2017	PACER
19	MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction MOTION Mandamus Relief by JOHN DOES, REX W. TILLERSON (Attachments: # 1 Text of Proposed Order)(Press, Joshua) (Entered: 08/10/2017)	Aug. 10, 2017	PACER
	MINUTE ORDER: Granting 19 Defendants' Motion for an Extension. Defendants' response to Plaintiffs' Motion for a Preliminary Injunction is due on 8/25/2017. Signed by Judge Tanya S. Chutkan on 8/11/2017. (lctsc2)	Aug. 11, 2017	PACER
20	MOTION to Expedite Hearing Date on Their Motion for Preliminary Injunction, MOTION for Reconsideration re Order Extending Time for the Filing of the Government's Opposition Brief by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, RADAD FAUIZ FUROOZ, M.K., M.K.1, M.K.2, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3 (Attachments: # 1 Proposed Order)(Price, Matthew) (Entered: 08/11/2017) 1 Proposed Order View on PACER	Aug. 11, 2017	PACER
	Order	Aug. 11, 2017	PACER
	MINUTE ORDER: Granting 20 Plaintiffs' Motion to Expedite Hearing and to Reconsider Order Extending Time for the Filing of the Government's Opposition. Defendants' opposition is due on 8/18/2017. A hearing on Plaintiffs' Motion for a Preliminary Injunction is scheduled for 8/21/2017 at 11:30 am. Parties will each have 30 minutes for oral argument. The court notes that despite the exigency noted in their motion, Plaintiffs waited until August 3, over a month after the Supreme Court's decision in Trump v. Int'l Refugee Assistance Project, 137 S. Ct. 2080 (2017), to seek relief from this court. Signed by Judge Tanya S. Chutkan on 8/11/2017. (lctsc2)	Aug. 11, 2017	PACER
	Set/Reset Deadlines/Hearings: Government's Response due by 8/18/2017. Preliminary Injunction Hearing set for 8/21/2017 at 11:30 AM in Courtroom 2 before Judge Tanya S. Chutkan. (tb)	Aug. 15, 2017	PACER
	Set/Reset Deadlines/Hearings	Aug. 15, 2017	PACER
	ENTERED IN ERROR.....Set/Reset Deadlines: Response to PI motion due by 8/25/2017. (tb) Modified on 8/15/2017 (ztb).	Aug. 15, 2017	PACER
	Set/Reset Deadlines	Aug. 15, 2017	PACER
21	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Justin B. Cox, :Firm- National Immigration Law Center, :Address- PO Box 170208, Atlanta, Georgia 30317. Phone No. - (678) 279-5441. Fax No. - (213) 639-3911 Filing fee $ 100, receipt number 0090-5076719. Fee Status: Fee Paid. by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, RADAD FAUIZ FUROOZ, M.K., M.K.1, M.K.2, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3 (Attachments: # 1 Declaration in Support, # 2 Proposed Order)(Price, Matthew) (Entered: 08/16/2017)	Aug. 16, 2017	PACER
	Order	Aug. 16, 2017	PACER
22	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Esther H. Sung, :Firm- National Immigration Law Center, :Address- 3435 Wilshire Blvd., Suite 1600, Los Angeles, California, 90010. Phone No. - (213) 639-3900. Fax No. - (213) 639-3911 Filing fee $ 100, receipt number 0090-5076792. Fee Status: Fee Paid. by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, RADAD FAUIZ FUROOZ, M.K., M.K.1, M.K.2, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3 (Attachments: # 1 Declaration in Support, # 2 Proposed Order)(Price, Matthew) (Entered: 08/16/2017)	Aug. 16, 2017	PACER
	AMENDED MINUTE ORDER: The court hereby amends its 8/11/2017 Minute Order to require Defendants to file their opposition to Plaintiffs' Motion for a Preliminary Injunction no later than 5 p.m. on 8/18/2017. Signed by Judge Tanya S. Chutkan on 8/16/2017. (lctsc2)	Aug. 16, 2017	PACER
	MINUTE ORDER: Granting 21 22 Motions for Leave to Appear Pro Hac Vice. Justin B. Cox and Esther H. Sung are hereby admitted pro hac vice to appear in this matter on behalf of Plaintiffs. Signed by Judge Tanya S. Chutkan on 8/17/17. (DJS)	Aug. 17, 2017	PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Aug. 17, 2017	PACER
23	NOTICE of Appearance by Catherine Hancock Dorsey on behalf of All Defendants (Dorsey, Catherine) (Main Document 23 replaced on 8/21/2017) (znmw). (Entered: 08/18/2017)	Aug. 18, 2017	PACER
24	RESPONSE re 2 MOTION for Preliminary Injunction MOTION Mandamus Relief filed by JOHN DOES, REX W. TILLERSON. (Attachments: # 1 Declaration of Chloe Dybdahl)(Press, Joshua) (Entered: 08/18/2017)	Aug. 18, 2017	PACER
25	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by JOHN DOES, REX W. TILLERSON (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order)(Press, Joshua) (Entered: 08/18/2017)	Aug. 18, 2017	PACER
26	REPLY to opposition to motion re 2 MOTION for Preliminary Injunction MOTION Mandamus Relief filed by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, RADAD FAUIZ FUROOZ, M.K., M.K.1, M.K.2, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3. (Price, Matthew) (Entered: 08/19/2017)	Aug. 19, 2017	RECAP
27	NOTICE of Appearance by Steven Albert Platt on behalf of All Defendants (Platt, Steven) (Entered: 08/21/2017)	Aug. 21, 2017	PACER
	Motion Hearing	Aug. 21, 2017	PACER
	Minute Entry: Motion Hearing held on 8/21/2017 before Judge Tanya S. Chutkan: re 2 MOTION for Preliminary Injunction MOTION Mandamus Relief filed by RADAD FAUIZ FUROOZ, Y.S.2, M.K.1, P.K., M.K.2, N.H., AFSHAN ASADI SORKHAB, Y.S.1, NEDA HEIDARI DEHKORDI, M.K., HAMED SUFYAN OTHMAN ALMAQRAMI, Y.S.3, motion heard and taken under advisement. (Court Reporter Scott Wallace) (tb)	Aug. 21, 2017	PACER
28	NOTICE OF FILING REDACTED DOCUMENT to[ 25] Response to motion by REX W. TILLERSON (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: # 1 Declaration)(Press, Joshua) Modified on 8/28/2017 (DJS). (Entered: 08/22/2017)	Aug. 22, 2017	PACER
29	ORDER: Plaintiffs and Defendants are both directed to file supplemental briefs and any necessary evidentiary material addressing the questions contained in the court's order. Defendants are also ordered to submit a sample "advisory opinion" of the type mentioned during oral argument, redacted as necessary, for the court's review. The parties' supplemental briefs should be no more than 12 pages and are due by 8/28/2017. Signed by Judge Tanya S. Chutkan on 8/23/2017. (lctsc2) (Entered: 08/23/2017)	Aug. 23, 2017	RECAP
	Set/Reset Deadlines: Supplemental Memorandum due by 8/28/2017. (tb)	Aug. 24, 2017	PACER
	Set/Reset Deadlines	Aug. 24, 2017	PACER
30	SUPPLEMENTAL MEMORANDUM to re 2 MOTION for Preliminary Injunction MOTION Mandamus Relief filed by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, M.K., M.K.1, M.K.2, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3. (Attachments: # 1 Exhibit A (redacted), # 2 Exhibit B, # 3 Exhibit C)(Price, Matthew) (Entered: 08/28/2017) 1 Exhibit A (redacted) View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	Aug. 28, 2017	PACER
31	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, M.K., M.K.1, M.K.2, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3 (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Sealed Declaration, # 2 Proposed Order)(Price, Matthew) (Entered: 08/28/2017)	Aug. 28, 2017	PACER
32	NOTICE of Voluntary Dismissal re Radad Fauiz Furooz (Price, Matthew) (Entered: 08/28/2017)	Aug. 28, 2017	PACER
33	MOTION FOR LEAVE TO FILE DOCUMENT EX PARTE FOR IN CAMERA REVIEW re 29 Order,, by REX W. TILLERSON (Attachments: # 1 Text of Proposed Order)(Press, Joshua) (Entered: 08/28/2017)	Aug. 28, 2017	PACER
34	SUPPLEMENTAL MEMORANDUM to re 29 Order,, filed by JOHN DOES, REX W. TILLERSON. (Attachments: # 1 Declaration of Chloe Dybdahl)(Press, Joshua) (Entered: 08/28/2017)	Aug. 28, 2017	PACER
35	Memorandum in opposition to re 33 MOTION FOR LEAVE TO FILE DOCUMENT EX PARTE FOR IN CAMERA REVIEW re 29 Order,, filed by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, M.K., M.K.1, M.K.2, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3. (Price, Matthew) (Entered: 08/29/2017)	Aug. 29, 2017	PACER
36	TRANSCRIPT OF PROCEEDINGS before Judge Tanya S. Chutkan held on 8-21-17; Page Numbers: (1-60). Date of Issuance:8-28-17. Court Reporter/Transcriber Scott Wallace, Telephone number 202-354-3196, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 9/20/2017. Redacted Transcript Deadline set for 9/30/2017. Release of Transcript Restriction set for 11/28/2017.(Wallace, Scott) (Entered: 08/30/2017)	Aug. 30, 2017	PACER
	Order on Sealed Motion for Leave to File Document Under Seal	Aug. 30, 2017	PACER
	MINUTE ORDER. Upon consideration of Plaintiffs' 31 Sealed Motion for Leave to File Document Under Seal, it is ORDERED that the 31 Motion be GRANTED. The Clerk is directed to file under seal the Declaration at Dkt. #31-1. SO ORDERED. by Judge Tanya S. Chutkan on 8/30/2017. (jth)	Aug. 30, 2017	PACER
37	SEALED DOCUMENT filed by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, M.K., M.K.1, N.H., P.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3. re Order on Sealed Motion for Leave to File Document Under Seal,. (This document is SEALED and only available to authorized persons.)(See ECF NO. 30 Exhibit A for redacted version) (ztd) Modified on 8/31/2017 (DJS). (Entered: 08/31/2017)	Aug. 30, 2017	PACER
38	STATUS REPORT Regarding the Issuance of Visas to P.K. and Family by JOHN DOES, REX W. TILLERSON. (Attachments: # 1 Exhibit A - Dybdahl Declaration)(Platt, Steven) (Entered: 09/01/2017)	Sept. 1, 2017	PACER
	MINUTE ORDER granting 33 Defendants' Motion for Leave to File Document Ex Parte for in Camera Review. Defendants are ordered to deliver the sample advisory opinion to chambers by 9/6/2017 at 10:00 a.m. Signed by Judge Tanya S. Chutkan on 9/5/2017. (lctsc2) Modified event title on 9/6/2017 (znmw).	Sept. 5, 2017	PACER
	Order on Motion for Miscellaneous Relief	Sept. 5, 2017	PACER
39	NOTICE of Voluntary Dismissal re P.K., N.H., M.K.1 and M.K.2 (Price, Matthew) (Entered: 09/05/2017)	Sept. 5, 2017	PACER
40	STATUS REPORT by JOHN DOES, REX W. TILLERSON. (Attachments: # 1 Declaration of Matt McNeil, # 2 Declaration of Charles Oppenheim)(Press, Joshua) (Entered: 09/11/2017)	Sept. 11, 2017	PACER
41	RESPONSE re 40 Status Report filed by HAMED SUFYAN OTHMAN ALMAQRAMI, NEDA HEIDARI DEHKORDI, M.K., AFSHAN ASADI SORKHAB, Y.S.1, Y.S.2, Y.S.3. (Price, Matthew) (Entered: 09/11/2017)	Sept. 11, 2017	PACER
42	NOTICE of Voluntary Dismissal re Afshin Asadi Sorkhab, Neda Heidari Dehkordi, YS1, YS2, and YS3 (Price, Matthew) (Entered: 09/14/2017)	Sept. 14, 2017	PACER
43	MOTION for Emergency Status Conference by HAMED SUFYAN OTHMAN ALMAQRAMI, M.K. (Attachments: # 1 Proposed Order)(Price, Matthew) (Entered: 09/15/2017)	Sept. 15, 2017	PACER
	MINUTE ORDER: Upon consideration of the plaintiff's 43 Motion for an Emergency Status Conference; it is hereby ordered that the motion is GRANTED. Status Hearing set for Tuesday, September 19, 2017 at 9:30 a.m. before Judge Tanya S. Chutkan in Courtroom 2. SO ORDERED - by Judge Tanya S. Chutkan on 09/18/17. (tb)	Sept. 18, 2017	PACER
	Order on Motion for Miscellaneous Relief	Sept. 18, 2017	PACER
	Set/Reset Hearings: Status Conference set for 9/19/2017 at 09:30 AM in Courtroom 2 before Judge Tanya S. Chutkan. (tb)	Sept. 18, 2017	PACER
	Set/Reset Hearings	Sept. 18, 2017	PACER
	Minute Entry: Status Conference held on 9/19/2017 before Judge Tanya S. Chutkan: PI Motion still taken under advisement. (Court Reporter Bryan Wayne.) (tb)	Sept. 19, 2017	PACER
	Status Conference	Sept. 19, 2017	PACER
44	MOTION for Leave to File First Amended Petition for Mandamus and First Amended Complaint for Injunctive and Declaratory Relief by HAMED SUFYAN OTHMAN ALMAQRAMI, ALIAKBAR NOWZARI GOLSEFID, MASOUMEH FOTOHI, BEHNAM NOZARI GOLSEFID, FARZAD ABDOLLAHI ZADEH, ZHREH BABADI, SZ, RZ, AIMAN ALSAKKAF (Attachments: # 1 First Amended Petition for Mandamus and First Amended Complaint for Injunctive and Declaratory Relief, # 2 First Amended Petition for Mandamus and First Amended Complaint for Injunctive and Declaratory Relief (redline), # 3 Proposed Order)(Price, Matthew) (Entered: 09/21/2017)	Sept. 21, 2017	PACER
45	STATUS REPORT by FARZAD ABDOLLAHI ZADEH, HAMED SUFYAN OTHMAN ALMAQRAMI, AIMAN ALSAKKAF, ZHREH BABADI, MASOUMEH FOTOHI, ALIAKBAR NOWZARI GOLSEFID, BEHNAM NOZARI GOLSEFID, RZ, SZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Price, Matthew) (Entered: 09/21/2017)	Sept. 21, 2017	PACER
	MINUTE ORDER granting 44 Plaintiffs' Motion for Leave to File First Amended Petition and Complaint. Signed by Judge Tanya S. Chutkan on 9/22/2017. (lctsc2). Modified on 9/22/2017 (tb).	Sept. 22, 2017	PACER
	Order on Motion for Leave to File	Sept. 22, 2017	PACER
46	First Amended PETITION for Writ of Mandamus and First Amended Complaint filed by HAMED SUFYAN OTHMAN ALMAQRAMI, SZ, ZHREH BABADI, MASOUMEH FOTOHI, BEHNAM NOZARI GOLSEFID, RZ, ALIAKBAR NOWZARI GOLSEFID, AIMAN ALSAKKAF, FARZAD ABDOLLAHI ZADEH.(td) Modified on 10/6/2017 (DJS). (Entered: 09/22/2017)	Sept. 22, 2017	PACER
47	RESPONSE re 45 Status Report, filed by JOHN DOES, REX W. TILLERSON. (Attachments: # 1 Declaration of Chloe Dybdahl, # 2 Declaration of Charles Oppenheim, # 3 Exhibit 1)(Press, Joshua) (Entered: 09/23/2017)	Sept. 23, 2017	PACER
48	STATUS REPORT by FARZAD ABDOLLAHI ZADEH, HAMED SUFYAN OTHMAN ALMAQRAMI, AIMAN ALSAKKAF, ZHREH BABADI, MASOUMEH FOTOHI, ALIAKBAR NOWZARI GOLSEFID, BEHNAM NOZARI GOLSEFID, RZ, SZ. (Price, Matthew) (Entered: 09/27/2017)	Sept. 27, 2017	PACER
49	MEMORANDUM AND OPINION: Regarding Plaintiffs 2 Motion for Preliminary Injunction and Emergency Motion for Mandamus Relief. Signed by Judge Tanya S. Chutkan on 9/29/2017. (lctsc2). (Entered: 09/29/2017)	Sept. 29, 2017	RECAP
	Set/Reset Deadlines	Sept. 29, 2017	PACER
50	ORDER granting in part and denying in part 2 Plaintiffs' Motion for Preliminary Injunction and Emergency Motion for Mandamus Relief. Defendants are ordered to: (1) report, by October 15, the number of visa numbers returned unused for fiscal year 2017; and (2) hold those visa numbers to process Plaintiffs' visa applications in the event the Supreme Court finds the Executive Order to be unlawful. Signed by Judge Tanya S. Chutkan on 9/29/2017. (lctsc2). (Entered: 09/29/2017)	Sept. 29, 2017	RECAP
	Set/Reset Deadlines: Defendants to report, by 10/15/2017, the number of visa numbers returned unused for fiscal year 2017. (kt)	Sept. 29, 2017	PACER
51	MOTION for Extension of Time to Answer or Otherwise Respond by JOHN DOES, REX W. TILLERSON (Attachments: # 1 Text of Proposed Order)(Press, Joshua) (Entered: 10/05/2017)	Oct. 5, 2017	PACER
	MINUTE ORDER: Granting 51 Motion for Extension of Time to File Response to Amended Complaint 46 . Defendants shall answer or otherwise respond to the complaint by October 20, 2017. Signed by Judge Tanya S. Chutkan on 10/6/17. (DJS)	Oct. 6, 2017	PACER
	Order on Motion for Extension of Time to	Oct. 6, 2017	PACER
	Set/Reset Deadlines: Answer due by 10/20/2017. (tb)	Oct. 6, 2017	PACER
	Set/Reset Deadlines	Oct. 6, 2017	PACER
52	STATUS REPORT by JOHN DOES, REX W. TILLERSON. (Attachments: # 1 Declaration of Chloe Dybdahl)(Press, Joshua) (Entered: 10/15/2017)	Oct. 15, 2017	PACER
53	MOTION to Dismiss by JOHN DOES, REX W. TILLERSON (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Press, Joshua) (Entered: 10/20/2017)	Oct. 20, 2017	PACER
54	Memorandum in opposition to re 53 MOTION to Dismiss filed by FARZAD ABDOLLAHI ZADEH, HAMED SUFYAN OTHMAN ALMAQRAMI, AIMAN ALSAKKAF, ZHREH BABADI, MASOUMEH FOTOHI, ALIAKBAR NOWZARI GOLSEFID, BEHNAM NOZARI GOLSEFID, RZ, SZ. (Price, Matthew) (Entered: 11/03/2017)	Nov. 3, 2017	PACER
55	RESPONSE re 52 Status Report filed by FARZAD ABDOLLAHI ZADEH, HAMED SUFYAN OTHMAN ALMAQRAMI, AIMAN ALSAKKAF, ZHREH BABADI, MASOUMEH FOTOHI, ALIAKBAR NOWZARI GOLSEFID, BEHNAM NOZARI GOLSEFID, RZ, SZ. (Price, Matthew) (Entered: 11/03/2017)	Nov. 3, 2017	PACER
56	REPLY to opposition to motion re 53 MOTION to Dismiss filed by JOHN DOES, REX W. TILLERSON. (Press, Joshua) (Entered: 11/13/2017)	Nov. 13, 2017	PACER
57	MOTION for Hearing Oral Argument and Status Update by FARZAD ABDOLLAHI ZADEH, HAMED SUFYAN OTHMAN ALMAQRAMI, AIMAN ALSAKKAF, ZHREH BABADI, MASOUMEH FOTOHI, ALIAKBAR NOWZARI GOLSEFID, BEHNAM NOZARI GOLSEFID, RZ, SZ (Attachments: # 1 Proposed Order)(Price, Matthew) Modified event title on 12/5/2017 (znmw). (Entered: 12/04/2017)	Dec. 4, 2017	PACER
58	STATUS REPORT by FARZAD ABDOLLAHI ZADEH, HAMED SUFYAN OTHMAN ALMAQRAMI, AIMAN ALSAKKAF, ZHREH BABADI, MASOUMEH FOTOHI, ALIAKBAR NOWZARI GOLSEFID, BEHNAM NOZARI GOLSEFID, RZ, SZ. (See Docket Entry 57 to view document). (znmw) (Entered: 12/05/2017)	Dec. 4, 2017	PACER
	MINUTE ORDER granting 57 Motion to Schedule Oral Argument. A hearing is hereby set for December 21, 2017 at 10:30 a.m. in Courtroom 9. Signed by Judge Tanya S. Chutkan on 12/5/2017. (lctsc2).	Dec. 5, 2017	PACER
	Order on Motion for Miscellaneous Relief	Dec. 5, 2017	PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Aug. 3, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A putative class of diversity lottery visa winners and their family members from countries covered by President Trump's 2017 travel ban executive orders.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

ACLU National (all projects)

ACLU of Northern California

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending