Case: Doe v. U.S. Department of Homeland Security

1:17-cv-02005 | U.S. District Court for the District of Columbia

Filed Date: Sept. 28, 2017

Closed Date: Feb. 15, 2018

Clearinghouse coding complete

Case Summary

This case arose from a Syrian family's attempts to obtain immigration visas. In 2004, one of the family members filed a petition for an immigrant visa on behalf of her sister and her sister’s family. In 2017, the State Department approved the visas just as President Trump issued Executive Order 13780 (EO-2), which barred Syrian nationals from entering the United States. Following President Trump’s order, a series of legal challenges ensued, some of them ultimately making their way to the Suprem…

This case arose from a Syrian family's attempts to obtain immigration visas. In 2004, one of the family members filed a petition for an immigrant visa on behalf of her sister and her sister’s family. In 2017, the State Department approved the visas just as President Trump issued Executive Order 13780 (EO-2), which barred Syrian nationals from entering the United States. Following President Trump’s order, a series of legal challenges ensued, some of them ultimately making their way to the Supreme Court. In June 2017, the Supreme Court in International Refugee Assistance Program v. Trump partially lifted a nationwide injunction against the ban, permitting the government to apply it against anyone who did not have a “bona-fide” relationship with a person or organization in the United States. 137 S. Ct. 2080.

On September 28, 2017, the plaintiffs filed this lawsuit in the U.S. District Court for the District of Columbia. They alleged that, despite having a bona-fide relationship to a person in the United States, the State Department had failed to issue visas to members of their family seeking to immigrate to the United States. In their complaint, plaintiffs argued that defendants (the U.S. Department of Homeland Security, Citizenship and Immigration Services, and the State Department) wrongly applied EO-2 to them and sought a writ of mandamus compelling defendants to issue their visas under 28 U.S.C. § 1361. Plaintiffs also sought injunctive relief under the Administrative Procedure Act (5 U.S.C. § 706) and declaratory relief. Two private law firms and Muslim Advocates represented the plaintiffs. Judge Royce C. Lamberth was assigned to the case.

On November 27, 2017, the parties filed a joint motion to stay proceedings for ninety days. In their motion, the parties suggested to the court that they may be able to resolve the case without further litigation. During the stay, the plaintiffs agreed to take any necessary steps to obtain their visas, and defendants agreed to expedite plaintiffs' visa requests. On December 20, Judge Lamberth granted the motion to stay.

On February 15, 2018, plaintiffs voluntarily dismissed the case, which is now closed.

Summary Authors

Jamie Kessler (3/3/2018)

Peter Harding (2/6/2020)

People


Judge(s)

Lamberth, Royce C. (District of Columbia)

Attorneys(s) for Plaintiff

Crawley, Megan A. (District of Columbia)

Crowley, Megan Anne (District of Columbia)

Dougherty, Jon-Michael (District of Columbia)

Haley, Kyle P. (District of Columbia)

Khalil, Maha (Texas)

Lynch, Mark H. (District of Columbia)

Shebaya, Sirine (District of Columbia)

Smith, Rebecca E. (District of Columbia)

Attorneys(s) for Defendant

Adebonojo, Kenneth (District of Columbia)

Judge(s)

Lamberth, Royce C. (District of Columbia)

Attorneys(s) for Plaintiff

Crawley, Megan A. (District of Columbia)

Crowley, Megan Anne (District of Columbia)

Dougherty, Jon-Michael (District of Columbia)

Haley, Kyle P. (District of Columbia)

Khalil, Maha (Texas)

Lynch, Mark H. (District of Columbia)

Shebaya, Sirine (District of Columbia)

Smith, Rebecca E. (District of Columbia)

Attorneys(s) for Defendant

Adebonojo, Kenneth (District of Columbia)

Liu, Jessie K. (District of Columbia)

Van Horn, Daniel F (District of Columbia)

Documents in the Clearinghouse

Document

1:17-cv-02005

Docket [PACER]

Doe v. Department of Homeland Security

Feb. 15, 2018

Feb. 15, 2018

Docket
1

1:17-cv-02005

Plaintiffs' Unopposed Motion to Proceed Anonymously and to File Supporting Exhibit Under Seal

Doe v. Department of Homeland Security

Sept. 28, 2017

Sept. 28, 2017

Pleading / Motion / Brief
3

1:17-cv-02005

Petition for Writ of Mandamus and Complaint for Declaratory and Injunctive Relief

Doe v. Department of Homeland Security

Sept. 28, 2017

Sept. 28, 2017

Complaint
2

1:17-cv-02005

Order Granting Plaintiffs' Unopposed Motion to Proceed Anonymously and to File Supporting Exhibit Under Seal

Doe v. Department of Homeland Security

Sept. 28, 2017

Sept. 28, 2017

Order/Opinion
12

1:17-cv-02005

Joint Motion to Stay Proceedings

Doe v. Department of Homeland Security

Nov. 27, 2017

Nov. 27, 2017

Pleading / Motion / Brief
13

1:17-cv-02005

Order Granting Motion to Stay Proceedings

Doe v. Department of Homeland Security

Dec. 20, 2017

Dec. 20, 2017

Order/Opinion
19

1:17-cv-02005

Notice of Voluntary Dismissal

Feb. 15, 2018

Feb. 15, 2018

Pleading / Motion / Brief

Resources

Title Description External URL Date / External URL

Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities

United States

Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities Oct. 24, 2017

Oct. 24, 2017

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

Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats

President Donald Trump

Sept. 24, 2017

Sept. 24, 2017

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

Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence

Donald Trump

This memorandum provides guidance for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence in light of two preliminary injunctio… June 14, 2017

June 14, 2017

https://trumpwhitehouse.archives.gov/...

Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States

President Donald Trump

In light of the Ninth Circuit's observation that the political branches are better suited to determine the appropriate scope of any suspensions than are the courts, and in order to avoid spending add… March 6, 2017

March 6, 2017

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

Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States

President Donald Trump

This Executive Order restricted travel, immigration, and visas for people from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen, and put the U.S. refugee program on hold for 120 days. Jan. 27, 2017

Jan. 27, 2017

https://www.gpo.gov/...

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

Donald F. McGahn II, Counsel to the President

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

Feb. 1, 2017

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

Docket

Last updated June 5, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

Unopposed MOTION To Proceed Anonymously and for Leave to File Supporting Exhibit Under Seal by JOHN DOE, 2, JOHN DOE, 1, JOHN DOE, 3, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4 (Attachments: # 1 Text of Proposed Order)(jf) (Entered: 10/03/2017)

Sept. 28, 2017

Sept. 28, 2017

2

ORDER granting 1 Unopposed MOTION To Proceed Anonymously and for Leave to File Supporting Exhibit Under Seal. Signed by Judge Randolph D. Moss on 09/28/2017. (See order for full details) (jf) (Entered: 10/03/2017)

Sept. 28, 2017

Sept. 28, 2017

3

COMPLAINT against JOHN DOES 1−5, ELAINE DUKE, JOSEPH LANGLOIS, JAMES MCCAMENT, REX W. TILLERSON, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES ( Filing fee $ 400, receipt number 4616087375) with Jury Demand filed by JOHN DOE, 2, JOHN DOE, 1, JOHN DOE, 3, JANE DOE 2, JANE DOE 1, JANE DOE 3, JANE DOE 4. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Civil Cover Sheet)(jf) (Entered: 10/03/2017)

Sept. 28, 2017

Sept. 28, 2017

4

SEALED DOCUMENT filed by JOHN DOE, 2, JOHN DOE, 1, JOHN DOE, 3, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Complaint and Sealed Exhibits)(zjf) (Entered: 10/03/2017)

Sept. 28, 2017

Sept. 28, 2017

5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Megan Crowley, :Firm− Covington & Burling LLP, :Address− 850 10th Street NW, Washington DC, 20001. Phone No. − 202−662−6000. Fax No. − 202−662−6291 Filing fee $ 100, receipt number 0090−5145471. Fee Status: Fee Paid. by JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Lynch, Mark) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Jon−Michael Dougherty, :Firm− Covington & Burling LLP, :Address− 850 10th Street NW, Washington, DC 20001. Phone No. − 202−662−6000. Fax No. − 202−662−6291 Filing fee $ 100, receipt number 0090−5145493. Fee Status: Fee Paid. by JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Lynch, Mark) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Kyle Haley, :Firm− Covington & Burling LLP, :Address− 850 10th Street NW, Washington, DC 20002. Phone No. − 202−662−6000. Fax No. − 202−662−6291 Filing fee $ 100, receipt number 0090−5145501. Fee Status: Fee Paid. by JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Lynch, Mark) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Rebecca Smith, :Firm− Covington & Burling LLP, :Address− 850 10th Street NW, Washington, DC 20002. Phone No. − 202−662−6000. Fax No. − 202−662−6291 Filing fee $ 100, receipt number 0090−5145506. Fee Status: Fee Paid. by JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Lynch, Mark) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

9

NOTICE of Appearance by Sirine Shebaya on behalf of All Plaintiffs (Shebaya, Sirine) (Main Document 9 replaced on 10/6/2017) (znmw). (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Maha Khalil, :Firm− The Modi Law Firm, :Address− 1415 North Loop West, Suite 612, Houston, TX 77008. Phone No. − 832−422−7789. Filing fee $ 100, receipt number 0090−5149275. Fee Status: Fee Paid. by JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3 (Lynch, Mark) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

11

NOTICE of Appearance by Kenneth A. Adebonojo on behalf of All Defendants (Adebonojo, Kenneth) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

12

Joint MOTION to Stay by ELAINE DUKE, JOSEPH LANGLOIS, JAMES MCCAMENT, REX W. TILLERSON, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Attachments: # 1 Text of Proposed Order)(Adebonojo, Kenneth) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

13

ORDER granting 12 Motion to Stay for 90 days from entry of this Order. The parties shall file periodic joint status reports during the pendency of the stay. The first status Report is due by 2/20/2018, with a subsequent status report to be filed 30 days thereafter. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

14

ORDER granting 8 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

15

ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

16

ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

17

ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

18

ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

19

NOTICE of Voluntary Dismissal by All Plaintiffs (Lynch, Mark) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Sept. 28, 2017

Closing Date: Feb. 15, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Members of a Syrian family, some of whom were waiting for the State Department to issue their visas after the visas were approved.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Muslim Advocates

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Citizenship and Immigration Services, Federal

U.S. Department of State, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Mandamus, 28 U.S.C. § 1361

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Family reunification

Terrorism/Post 9-11 issues

Immigration/Border:

Admission - criteria

Admission - procedure

Family Separation

Visas - criteria

Visas - procedures